Chapter 21
BOARDS, COMMISSIONS AND COMMITTEES
[HISTORY: Adopted by the Common Council of the City of Bayfield 4-1-1992 (§§ 2-4-1 through 2-4-9 of the 1992 Code of Ordinances). Amendments noted where applicable.]
GENERAL REFERENCES
Mayor and Council -- See Ch. 72.
Land use legislation -- See Part III.
§ 21-1. Board of Review.
A. Composition. The Board of Review shall consist of the Mayor, the City Clerk, and the members of the Common Council.
B. Duties. The duties and functions of the Board of Review shall be as prescribed in §§ 70.46 and 70.47, Wis. Stats.
C. Board's duty. The Board shall carefully examine the assessment roll and correct all apparent errors in description or computation. It shall add all omitted property but shall not raise or lower the assessment of any property except after hearing, as provided by the statutes.
§ 21-2. Library Board.
A. Organization; terms.
(1) There is hereby created, pursuant to Ch. 43, Wis. Stats., a municipal Library Board for the Bayfield Public Library consisting of a five-member Board in three classes; two of such members shall serve for a period of three years, two to serve for two years, and one to serve for a period of one year.
(2) Terms of such members shall be from July 1 in the year of their appointment, and thereafter each regular appointment shall be for a term of three years. Not more than one member of the Common Council body shall at any one time be a member of the Library Board. The Mayor shall appoint as one of the Library Board members a school district administrator, or his representative, to represent the public school district or districts in which the library is located. Members shall be residents of the City of Bayfield, except that not more than two members may be residents of towns adjacent to the City. No more than one member may be an Alderperson.
(3) A majority of the membership of the Board shall constitute a quorum.
(4) As soon as practicable after the first appointments, at a date and place fixed by the appointing officer, and annually thereafter, within 30 days after the time designated in this section for the beginning of terms, the members of the Library Board shall organize by election from among their number a President and such other officers that they deem necessary to prescribe and adopt rules and regulations for the operation of the library.
B. Duties and powers. The Library Board shall have the duties and powers as prescribed by Ch. 43, and more particularly set forth in § 43.58, Wis. Stats. The Library Board shall appoint the librarian and other library employees.
§ 21-3. Zoning Board of Appeals.
A. Establishment. A Zoning Board of Appeals shall be appointed as specified in § 62.23(7)(e), Wis. Stats. The Zoning Board of Appeals shall consist of five members, and two alternate members, appointed by the Mayor, subject to confirmation by the Common Council for a term of three years. The members shall be compensated as determined by the Council and shall be removable by the Common Council for cause upon written charges and upon public hearing. The Zoning Board of Appeals shall internally elect a Chairperson and any other officers deemed necessary.
B. Powers. The Zoning Board of Appeals shall have the powers as set forth in § 500-103C of Chapter 500, Zoning, of the Code of the City of Bayfield.1
C. Meetings and rules. All meetings of the Zoning Board of Appeals shall be held at the call of the Chairman and at such other times as the Board may determine. All hearings conducted by the said Board shall be open to the public. The Zoning Board of Appeals shall keep minutes of its proceedings, showing the vote of each member upon each question, or, if absent or failing to vote, indicating such fact, and shall keep records of its examination and other official actions, all of which shall be immediately filed in the office of the City Clerk and shall be a public record. The Board shall adopt its own rules of procedure not in conflict with this section or with applicable Wisconsin Statutes.
D. Offices. The Common Council shall provide suitable meeting space for holding the Zoning Board of Appeals' hearings.
E. Appropriations. The Common Council shall appropriate funds to carry out the duties of the Zoning Board of Appeals and the Board shall have the authority to expend, under regular procedures, all sums appropriated to it for the purpose and activities authorized herein.
§ 21-4. City Plan Commission.
A. Composition. The Plan Commission shall consist of seven members, of which shall be2 the Mayor and other City elected or appointed officials, except that the Commission shall always have at least four citizen members who are not City officials. [Amended 9-20-2006 by Ord. No. 333]
B. Appointment. [Amended 9-20-2006 by Ord. No. 333]
(1) At its annual meeting in April of each year, the Mayor shall appoint an Alderperson(s), subject to Council confirmation, as a member(s) of the Plan Commission for a period of one year from and after the first day of May next ensuing.
(2) The Mayor will appoint at least four citizen members on the third Tuesday of April in each year to hold office for staggered terms of three years commencing with the third Tuesday of April.
C. Organization of Commission. The Mayor shall serve as presiding officer. The Plan Commission shall organize by the election of a Vice Chairman, Secretary and such other officers as may in its judgment be necessary.
D. Record. The Plan Commission shall keep a written record of its proceedings to include all actions taken, a copy of which shall be filed with the City Clerk. Four members shall constitute a quorum but all actions shall require the affirmative approval of a majority of all of the members of the Commission.
E. Duties.
(1) The Comprehensive Plan.
(a) The Plan Commission may make, adopt and, as necessary, amend, extend or add to the Comprehensive Plan, subject to Common Council confirmation, for the physical development of the City including areas outside of its boundaries which, in the Plan Commission's judgment, bear relation to the development of the City. The Comprehensive Plan, with the accompanying maps, plats and descriptive and explanatory matter, shall show the Commission's recommendations for such physical development, and may include, among other things without limitation because of enumeration, the general location, character and extent of streets, highways, freeways, street grades, roadways, walks, parking areas, public places and areas, parks, parkways, playgrounds, sites for public buildings and structures, and the general location and extent of sewers, water conduits and other public utilities whether privately or publicly owned, the acceptance, widening, narrowing, extension, relocation, removal, vacation, abandonment or change of use of any of the foregoing public ways, grounds, places, spaces, buildings, properties, utilities, routes or terminals, the general location, character and extent of community centers and neighborhood units, and a comprehensive zoning plan.
(b) The Commission may adopt the Comprehensive Plan as a whole by a single resolution, or, as the work of making the whole Comprehensive Plan progresses, may from time to time by resolution adopt a part or parts thereof, any such part to correspond generally with one or more of the functional subdivisions of the subject matter of the plan. The adoption of the plan or any part, amendment or addition shall be by resolution carried by the affirmative votes of not less than a majority of all the members of the Plan Commission, subject to confirmation by the Common Council. The resolution shall refer expressly to the maps, descriptive matter, and other matters intended by the Commission to form the whole or any part of the plan, and the action taken shall be recorded on the adopted plan or part thereof by the identifying signature of the Secretary of the Commission, and a copy of the plan or part thereof shall be certified to the Common Council. The purpose and effect of the adoption and certifying of the Comprehensive Plan or part thereof shall be solely to aid the Plan Commission and the Common Council in the performance of their duties.
(2) Mandatory referrals to Commission. The Common Council or officer of the City having final authority thereon shall refer to the Plan Commission, for its consideration and report before final action is taken by the Council, public body or officer, the following matters: the location of any statue or other memorial; the location, acceptance, extension, alteration, vacation, abandonment, change of use, sale, acquisition of land for or lease of land for any street, alley or other public ways, park, playground, airport, area for parking vehicles, or other memorial or public grounds; the location, extension, abandonment or authorization for any public utility whether publicly or privately owned; all plats of lands in the City or within the territory over which the City is given platting jurisdiction by Ch. 236, Wis. Stats.; the location, character and extent or acquisition, leasing or sale of lands for public or semipublic housing, slum clearance, relief of congestion, or vacation camps for children; and the amendment or repeal of any land use ordinance. Unless such report from the Commission is made within 30 days, or such longer period as may be stipulated by the Common Council, the Council or other public body or officer may take final action without it.
(3) Miscellaneous powers. The Commission may make reports and recommendations relating to the plan and development of the City to public officials and agencies, public utility companies, civic, educational, professional and other organizations and citizens. It may recommend to the Common Council programs for public improvements. All public officials shall, upon request, furnish to the Commission, within a reasonable time, such available information as it may require for its work. The Commission, its members and employees, in the performance of its functions, may enter upon any land, make examinations and surveys, and place and maintain necessary monuments and markers thereon. In general, the Commission shall have such powers as may be necessary to enable it to perform its functions and promote municipal planning in cooperation with the Common Council.
F. Vacancies. Vacancies shall be filled by appointment for the remainder of the unexpired term in the same manner as appointment for the full term.
G. Compensation. No compensation shall be paid for service on the Commission, except that the Alderperson member shall be paid $30 for each Commission meeting, or such compensation as otherwise set forth by the Common Council. Citizen members shall take the official oath as required by § 19.01, Wis. Stats., said oath to be filed with the City Clerk. [Amended 10-18-2006 by Ord. No. 335]
§ 21-5. Ambulance Commission. [Amended 4-6-2005 by Ord. No. 326]
A. There is hereby created an Ambulance Commission to serve jointly with members thereon from the Town of Bayfield, which is adopting resolutions similar hereto.
B. Membership on the Commission shall initially be six, three members from the City of Bayfield and three members from the Town of Bayfield. The members shall be appointed by the respective governing bodies to serve indefinite terms at the pleasure of such governing bodies.
C. The Commission shall have the responsibility of overseeing the operation and providing ambulance service to the two municipalities. Such responsibility shall include, but not be limited to, the ownership of an ambulance to be housed with the City, and the necessary equipment for providing service.
D. The City of Bayfield shall enter into an annual contract with the Commission, which contract shall extend from January 1 to December 31, for the supplying of ambulance service within the City. Such contract shall provide for annual renewal thereof unless written notice is given by a unit of government.
E. The Commission shall submit a tentative budget to the City by September 1 of each year and a final budget by November 15. It shall also make an annual accounting to the City.
F. The Town of Bayfield and the City of Bayfield shall each pay an annual assessment for ambulance service to be reserved for the replacement of the ambulance.
G. The fixed costs of the service will be divided equally among the two member municipalities. Operating costs will be divided according to the percentage of use by each municipality for the previous year.
§ 21-6. Cemetery Board.
A. A Cemetery Board is hereby established to make advisory recommendations to the Common Council regarding the care and management of Greenwood Cemetery of the City of Bayfield. This authority shall include the establishment of rules, regulations, and bylaws to fulfill the mandate of this section.
B. The Cemetery Board shall consist of the Mayor, who shall be its presiding officer, the City Clerk, who shall serve those titled functions of the Board, and three citizen members appointed by the Mayor, subject to Council confirmation, for periods ending one, two, and three years respectively from the succeeding first day of May, and thereafter annually during April one such member shall be appointed for a term of three years.
§ 21-7. Harbor Commission.
A. Membership.
(1) Subject to the approval of the Common Council, the Mayor shall appoint five members to the Commission. Each member shall be a qualified elector of the City of Bayfield and shall have been a resident of the City for at least three years. One member of the Commission shall be an Alderperson. Terms shall be for three years except that in making initial appointments one term shall be for one year, one term shall be for two years, and one term shall be for three years.
(2) The member of the Commission who is an Alderperson shall serve for a term expiring with his elective term. Thereafter, the Mayor shall fill the vacancy by the appointment of an Alderperson to serve for a term concurrent with his elective term. It is the purpose of this subsection to effect the presence of an Alderperson on such Commission at all times. However, this subsection shall not be interpreted as allowing the appointment of more than one Alderperson to serve on the Commission at any one time.
B. Compensation. The members shall receive no compensation other than for personal expenses incurred in performance of their duties.
C. Officers. The Commission shall elect a President and a Vice President.
D. Employees. The Commission shall employ a secretary who is not a member of the Commission. It may also employ a harbormaster. The Commission shall, if practicable, use civil service methods for selection.
E. Meetings. The Commission shall meet at least four times a year within the City of Bayfield. It shall give proper public notice of all meetings and all meetings shall be open to the public. The Commission shall maintain minutes of its meetings and such minutes shall be open to public inspection.
F. Expenditures. There is created a Harbor Fund, and the Common Council shall, from time to time, make appropriations for this fund. Money will be paid out of the Harbor Fund only on orders signed by the President and the secretary of the Commission and after allowance of the claims made by the Commission and entered into its minutes.
G. Budget requests. On October 1 of every year, the Commission shall file with the City Treasurer a budget request for the ensuing year.
H. Revenues. All revenues received from activities of the Commission shall be paid into the general fund of the City, provided that the City Treasurer shall keep a separate record of all such receipts.
I. Limit on obligations. The Commission may obligate neither itself nor the City for an amount greater than the balance in the Harbor Fund referred to in Subsection F above.
J. Area of authority.
(1) Subject to the laws of the State of Wisconsin and of the United States, the Commission shall have jurisdiction over all water inside the United States Government breakwater and the piers which are the breakwater. The Commission shall also make any recommendations to the Common Council it deems to be in the public interest with regard to any waterfront property in the City.
(2) The Harbor Commission has authority to make and expend funds for repairs. Improvements, including capital improvements, require prior Council approval.
K. Policy. The Commission shall have exclusive control over the day-to-day operation of the public harbor and public harbor facilities, but the Common Council and Mayor shall have exclusive control over the governmental aspects relating to public health and order and safety. All powers not specifically granted to the Commission in this section are reserved for Common Council and Mayor.
L. Duties. The Commission may:
(1) Make necessary plans for harbor improvements;
(2) With the consent of the Council, acquire land;
(3) Maintain public harbor facilities;
(4) Operate and/or lease publicly owned piers, wharves, and other terminal facilities, provided that all such leases shall be entered into the minutes of the Commission;
(5) Assign berths;
(6) Promote use of the harbor and its facilities;
(7) Bring to the attention of the Council and Mayor any matter it believes to be in the public interest.
(8) Exercise those duties and responsibilities as prescribed in §§ 30.37 and 30.38, Wis. Stats.
M. Violation of Commission rules. Any person violating posted regulatory rules as prescribed by the Bayfield Harbor Commission for the use of harbor and waterfront facilities shall be subject to a forfeiture as prescribed in § 1-3, Violations and penalties, of the Code of the City of Bayfield, and upon failure to pay said fine, shall be confined in the County Jail for three days or until said fine is paid.
§ 21-8. Architectural Review Board.
A. Establishment. There is hereby established an Architectural Review Board for the City of Bayfield for the purpose of promoting compatible development, aesthetics, stability of property values, and to prevent impairment or depreciation of existing developments.
B. Compliance. No structure shall hereafter be erected, moved, reconstructed demolished, extended, enlarged, or have its exterior altered or changed without the Architectural Review Board's approval. Small accessory structures are exempt unless the Building Inspector requests a determination by the Architectural Board.
C. Membership.
(1) The Architectural Review Board shall consist of seven City of Bayfield residents. Of the membership, if available in the City, one shall be a registered architect; one shall be a historian; one shall be a licensed real estate broker or a licensed agent; one shall be an Alderperson; one shall be a member of the Plan Commission; one shall be a member of the building trades; and one shall be a member at large. Each member shall have, to the highest extent practicable, a known interest in historic preservation. The Mayor shall appoint the members of the Board subject to confirmation by the Common Council.
(2) Terms shall be staggered for three-year periods.
(3) The Chairman shall be elected by a majority of members of the Board.
(4) Official oaths shall be taken by all members in accordance with § 19.01, Wis. Stats., within 10 days of receiving notice of their appointments.
(5) Vacancies shall be filled for the unexpired term in the same manner as appointments for the full term.
D. Organization.
(1) The Architectural Review Board shall organize and adopt rules for its own government in accordance with the provisions of this section.
(2) Meetings shall be held at the call of the Chairperson or when requested by the Building Inspector and shall be open to the public.
(3) Minutes shall be kept showing all actions taken and shall be a public record. The grounds for every decision shall be stated.
(4) A quorum shall be a majority of members, and all actions shall require the concurring vote of at least a quorum.
E. Powers. The Architectural Review Board shall have the following powers:
(1) Hear and decide applications for permission to erect, move, reconstruct, extend, alter, demolish or change the exterior of all structures.
(2) Approve, deny or conditionally approve the application and may request such modifications as they may deem necessary to carry out the purpose of this section.
(3) Request assistance from other municipal officers, departments, boards and commissions.
(4) Request the applicant to furnish additional information.
(5) Those powers given to it under Chapter 423, Historic Preservation, of the Code of the City of Bayfield.
§ 21-9. General provisions regarding meetings and public notice.
A. Regular meetings; public notice. Every board, committee and commission created by or existing under the ordinances of the City shall:
(1) Fix a regular date, time and place for its meeting;
(2) All meeting notices shall be filed with the City Clerk who shall cause the notice to be published and posted in full compliance with the Open Meeting Law requirements.3
(3) Post at the front door of the City Hall, or publish, an agenda of the matters to be taken up at such meeting.
B. Special meetings. Nothing in Subsection A shall preclude the calling of a special meeting or with dispensing with the publication of notice or such posting of the agenda, for good cause, but such special meetings shall nonetheless comply in all respects with the provisions of §§ 19.81 to 19.89, Wis. Stats.