HomeMy WebLinkAboutResolution 2012 (10)
I RESOLUTION AMENDING RULES AND BYLAWS OF THE BOARD OF
2 SUPERVISORS OF ST. CROIX COUNTS
3
4 Resolution No. 10 L O la~
5
6 St. Croix County, Wisconsin
7
8 WHEREAS, the Committee of the Whole reviewed and discussed potential changes
9 and amendments to the County Board Rules and Bylaws and County Board Operations
10 Policies; and
11
12 WHEREAS, the Administration Committee and County Administrator have reviewed
13 and approved revisions to the County Board Rules and Bylaws and County Board Operations
14 Policies; and
15
16 WHEREAS, it is the intent of the Committee of the Whole and Administration
17 Committee to have the amended Rules and Bylaws adopted and in place when the newly
18 elected board meets on April 17, 2012; and
19
20 WHEREAS, items I., H. and IV. of the County Board Operations Policies were
21 incorporated into the revised County Board Rules and Bylaws; and
22
23 WHEREAS, the remaining operations policies will be incorporated into the
24 Administrative Policy Handbook; and
25
26 WHEREAS, a copy of the revised County Board Rules and Bylaws is attached to this
27 resolution.
28
29 THEREFORE, be it resolved by the St. Croix County Board of Supervisors that the
30 attached Rules and Bylaws of the Board of Supervisors of St. Croix. County, Wisconsin is
31 hereby amended.
32
33 FURTHER, be it resolved that the attached Rules and Bylaws of the Board of
34 Supervisors of St. Croix County, Wisconsin become effective April 17, 2012.
Offered b Administration Committee /as amended
Yes No Abstain Absent This resolution was adopted by the St. Croix County
Sharon Norton-Bauman ® ❑ ❑ ❑
Esther Wentz ® ❑ ❑ ❑ Board of Supervisors on i2la-rc" i -2 U l i,2
Ryan Sicard ® ❑ ❑ ❑
Daryl Standafer ® ❑ ❑ ❑
Buck Malick ® ❑ ❑ ❑ /
Lorin Sather ❑ ❑ ❑ ® Jti~
Roger Rebholz ® ❑ ❑ ❑ Cindy Campbe(i, County Clerk
I ve ify that the vote shown above is "e and correct.
County Board Vote: / Yes
Al~ No
hair, Administration Committee Abstain
i Absent i (/c~Ceuti c
,s.
I
-
1 i.. ~
RESOLUTION ADOPTING RULES AND BYLAWS OF THE BOARD OF SUPERVISORS OF ST. CROIX COUNTY, WISCONSIN AND
APPROVING AMENDMENTS TO THE COUNTY BOARD OPERATIONS POLICIES - Continued
LEGAL REVIEW FISCAL REVIEW
Reviewed as to form on February 16, 2012 ❑ There is a fiscal impact.
Heather `WoCske ® There is no fiscal impact.
Heather Wolske, Assistant Corporation Counsel See attached Fiscal Impact Statement.
LEGAL NOTE: None
VOTE REQUIREMENT: Two-thirds vote of the total
number of seats on the County Board
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TABLE OF CONTENTS
INTRODUCTION ..........................................................................................................................................................................1
ARTICLE I 2
BOARD OF SUPERVISORS 2
Section A. Designation ....................................................................................................................................................2
Section B. County Board Strategic Plan 2
Section C. Role .................................................................................................................................................................2
Section D. Powers ............................................................................................................................................................2
Section E. Composition and Terms ................................................................................................................................2
Section F. Vacancies 2
Section G. Compensation of Supervisors .......................................................................................................................3
Section H. Compensation of County Board Chair ........................................................................................................3
Section I. Per Diems .......................................................................................................................................................3
Section J. Code of Ethics...........:::.......::.....::: 4
Section F;. 'County Internet Website ...............................................................................................................................7
ARTICLE H 8
OFFICERS AND DUTIES 8
Section A. Officers; Election ...........................................................................................................................................8
Section B. Term ...............................................................................................................................................................8
Section C. Powers and Duties of the County Board Chair ...........................................................................................8
Section D. Powers and Duties of the Vice-Chair ...........................................................................................................9
Section E. Chair Pro tem 9
ARTICLE III ................................................................................................................................................................................10
COMMITTEE OF THE WHOLE .........................................................................................................................................10
Section A. Meeting of Committee of the Whole ..........................................................................................................10
Section B. Recommendations to County Board ..........................................................................................................10
ARTICLE IV .................................................................................................................................................................................11
STANDING COMMITTEES OF THE COUNTY BOARD ................................................................................................11
Section A. County Board Standing Committees .........................................................................................................11
Section B. Standing Committees Functions ...................................................................................::............................11
Section C. Electing Supervisors to Standing Committees ...........................................................:............................13
Section D. Standing Committee Member's Term of Office ..........................:.............................................................14
Section E. Membership Limitations .............................................................................................................................14
Section F. Organization ................................................................................................................................................14
Section G. Standing Committee Meetings ..............::...................................................................................................14
Section H. Joint Standing Committee/Health and Human Services Board (HHS Board) Meetings .......................15
ARTICLE V ..................................................................................................................................................................................16
BOARDS APPOIN'T'ED BY THE COUNTY ADMINISTRATOR .....................................................................................16
Section A. Boards ..........................................................................................................................................................16
Section B. Board Descriptions .............................................................::.......................................................................16
ARTICLE VI ......................::...................................::...:...::...............:.:................:....................................:.......:............................20
SUBCOMMITTEES OF A STANDING COMMITTEE OR BOARD 20
Section A. Subcommittee Defined 20
Section B. Subcommittees Established .........................................................................................................................20
Section C. Meetings .......................................................................................................................................................21
ARTICLE VII ...............................................................................................................................................................................22
AD HOC COMMITTEES OR ORGANIZATIONS 22
Section A. Ad-hoc Committees .....................................................................................................................................22
Section B. Organizations:::.........:: ................................::.::..........................................................................................22
ARTICLE VIII..........::........:...:..: 23
OTHER APPOINTMENTS BY THE COUNTY ADMINISTRATOR 23
Section A. Other Organizations 23
ARTICLE IX 25
MEETINGS OF THE COUNTY BOARD 25
Section A. Meeting Place, Dates and Times 25
Section B. County Clerk to Act as Clerk of the County Board 25
Section C. Agendas ........................................................................................................................................................25
Section D. Documents ....................................................................................................................................................25
Section E. Procedures 26
Section F. Rules of Debate 27
Section G. Putting Questions and Voting .....................................................................................................................28
ARTICLE X ..................................................................................................................................................................................29
AMENDMENT OF RULES 29
History of County Board Rules and Bylaws ..........................................................................................................................29
03/06/2012 COUNTY BOARD MEETING DRAFT
RULES AND BYLAWS
OF THE BOARD OF SUPERVISORS OF
ST. CROIX COUNTY, WISCONSIN
INTRODUCTION
St. Croix County is a body corporate of the State of Wisconsin. On April 1, 2004 it became a self-
organized county pursuant to Wisconsin Statutes §59.10 (intro). The county seat is located at 1101
Carmichael Road, Hudson, Wisconsin. St. Croix County exercises its powers through the Board of
Supervisors.
These Rules and Bylaws shall be effective April 17, 2012.
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ARTICLE I
BOARD OF SUPERVISORS
Section A. Designation. The Board of Supervisors shall be referred to hereinafter as the "County
Board."
Section B. County Board Strategic Plan
1. Mission Statement. To promote the safety, health and welfare of our citizens through innovation
and cooperation while providing services in a fiscally responsible and accessible manner.
2. Priority Areas.
Community Development
Economic Development
Financial Health of County
Protecting At-Risk Populations
Public Safety and Criminal Justice
Transportation
Section C. Role. The role of the County Board is to set strategic mission and priorities, establish
the general principles by which the County is guided in its management of County affairs, approve
resolutions and ordinances, provide financial oversight and build community relationships in support
of the mission and priorities. The County Board selects the County Administrator and monitors the
County Administrator's management of the daily operations and implementation of policy.
Section D. Powers. The County Board may exercise any of the powers conferred on it by the laws
of the State of Wisconsin in accordance with these Rules and Bylaws.
Section E. Composition and Terms. The County Board shall be comprised of one supervisor from
each of the 19 supervisory districts within the County. Supervisors shall be elected every two years
in the spring election in April.
Section F. Vacancies.
1. If a vacancy occurs on the County Board, the County Board Chair, with the approval of the
County Board, shall appoint a person who is a qualified elector and resident of the supervisory
district in which the vacancy exists. The person appointed shall serve for the unexpired portion
of the term to which the person is appointed, unless the County Board orders a special election to
fill the vacancy, in which case the person appointed shall serve until a successor is elected and
qualified.
2. The County Board Chair shall seek candidates and recommendations for candidates in the district
in which the vacancy exists by publishing a notice of the vacancy in a newspaper likely to inform
residents in the district and by contacting the mayor of any city, the president of any village, and
the chair of any town located in the district in which the vacancy exists.
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Section G. Compensation of Supervisors. Compensation for supervisors shall be set by a
resolution of the County Board. The resolution must be adopted by a two-thirds vote of all
supervisors of the Board (13 total) prior to the earliest date on which nomination papers may be _
circulated for a County Board seat. The resolution may not be amended by the County Board during
the term covered by the resolution. Supervisors shall also be entitled to reimbursement for expenses
of travel, food and lodging related to County business. Rates of reimbursement are set out in the
Human Resources Handbook, Travel and Expense Reimbursement Policy.
Section H. Compensation of County Board Chair. In addition to per diems for attending
meetings, the Chair shall receive compensation of $500.00 per month for carrying out the duties of
the office.
Section I. Per Diems.
1. County Board, Standing Committee and Subcommittee Meetings. A supervisor is entitled to a
per diem for each meeting attended in accordance with Section G. above.
2. Other Meetings or Functions within the County. For any other meeting, function or event
attended within the County, a supervisor is entitled to receive a per diem as shown in Section G
only when the supervisor has been authorized to attend such meeting or function by the County
Board Chair or by the chair of the supervisor's standing committee or Health and Human
Services Board. Only one supervisor &heii~,Ajll be authorized to attend another standing
committee meeting. Expenses shall be reimbursed in accordance with the current County Travel
and Expense Reimbursement Policy.
3. Meetings outside the County. A supervisor who is a member or an officer of a state or other
organization that is related to County business is entitled to receive a per diem as shown in
Section G for meetings attended. A supervisor is entitled to receive a per diem for travel days
provided the supervisor obtains the approval of the County Board Chair or the chair of his/her
standing committee. If approval is given by the standing committee chair, the County Board
Chair shall be notified by the standing committee chair. Expenses shall be reimbursed in
accordance with the current County Travel and Expense Reimbursement Policy.
4. Wisconsin Counties Association Annual Meeting. Supervisors are encouraged to attend the
annual meeting of the Wisconsin Counties Association and to participate in seminars and other
educational opportunities. Supervisors who choose to attend are especially encouraged to
participate in sessions that are relevant to their committee assignments. A supervisor is entitled
to receive a per diem for each day of attendance and travel. Expenses shall be reimbursed in
accordance with the current County Travel and Expense Reimbursement Policy.
5. Non-supervisors serving as standing committee or board members shall be provided the Rules
and Bylaws of the Board of Supervisors of St. Croix County, Wisconsin and shall comply with
all provisions applicable to them. Non-supervisor standing committee or board members are
entitled to receive per diems and expense reimbursement for meetings attended in the same
amount and at the same rates as supervisors receive for attending County Board meetings.
6. Payment. Per diems and expense reimbursement for standing committee, board and
subcommittee meeting attendance shall be paid from attendance sheets submitted by the
committee chair to the County Clerk. Per diems and expense reimbursement for other meetings
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or events shall be paid from a voucher submitted no more than once a month by each supervisor.
Vouchers submitted more than 90 days after the other meeting or event date will not be paid.
Section I Code of Ethics.
1. Moral and Ethical Standards. It is declared that high moral and ethical standards among
supervisors are essential to the conduct of free government; that the County Board believes a
code of ethics for the guidance of supervisors will help them avoid conflicts between their
personal interests and their public responsibilities, will improve standards of public service and
will promote and strengthen the faith and confidence of the residents of St. Croix County in their
supervisors.
2. Rights of Supervisors. It is the intent of the County Board that in the administration of this Code
of Ethics the rights of supervisors shall be protected to the fullest extent possible, while at the
same time reaffirming diat-a supervisor holds his or her position as a public trust, and any effort
to realize substantial personal gain through official conduct is a violation of that trust. This Code
of Ethics does not prevent a supervisor from employment or following any pursuit which in no
way interferes with the full and faithful discharge of his or her duties to the County. The County
Board farther recognizes that--in. a representative democracy, the representatives are drawn from
society and, therefore, cannot and should not be without all personal and economic interest in the
decisions and policies of government; that citizens who serve as supervisors retain their rights as
citizens to interests of a personal or economic nature; that standards of ethical conduct for
supervisors need to distinguish between those minor and inconsequential conflicts that are
unavoidable in a free society, and those conflicts which are substantial and material; and that
supervisors may need to engage in employment, professional or business activities, other than
official duties, in order to support themselves or their families and to maintain a continuity of
professional or business activity, or may need to maintain investments, which activities or
investments do not conflict with the specific provisions of this code.
3. Diligent Service. It shall be the responsibility, of each supervisor to serve diligently by
consistently attending meetings. The consistent failure to attend meetings regularly without
cause may be subject to review by the Ethics Board.
4. Definitions.
a. "Anything of value" means any money or property, favor, service, payment, advance,
forbearance, loan or promise of future employment, but does not include such things as
compensation and expenses paid by the County, fees, honorariums and expenses, unsolicited
advertising or promotional material such as pens, pencils, notepads, calendars, informational
or educational materials of unexceptional value, plaques, other advertising giveaways; or any
other thing which is not likely to influence the judgment of supervisors.
b. "Associated", when used with reference to an organization, includes any organization in
which a supervisor or a member of his or her immediate family is a director, officer or
trustee, or owns or controls, directly or indirectly, and severally or in the aggregate, at least
10% of the outstanding equity or of which a supervisor or a member of his or her immediate
family is an authorized representative or agent.
"
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dc. "Nepotism" means favoritism shown to a relative in employing or promoting a person to a
County position.
ed. "Organization" means any corporation, partnership, proprietorship, firm, enterprise,
franchise, association, trust or other legal entity other than an individual or body politic.
fe. "Relative" means wife, husband, son, daughter, mother, father, brother, brother-in-law, sister,
sister-in-law, son-in-law, daughter-in-law, mother-in-law, father-in-law, aunt, uncle, niece,
nephew, step-child, step-parent or grandparent. "Relative" includes a person who is living
with a supervisor as a household in a committed relationship.
5. Conflict of Interest.
a. No supervisor may use his or her office to obtain financial gain or anything of substantial
value for his or her private benefit or his or her immediate family elative, or for an
organization with which he or she is associated.
b. No person may offer or give to a supervisor, and no supervisor may solicit or accept from any
person, directly or indirectly, anything of value if it could reasonably be expected to
influence the supervisor's vote, official action or judgment, or could reasonably be considered
as a reward for any vote, action or inaction on the part of the supervisor.
c. No supervisor may take any official action substantially affecting a matter in which the
supervisor, a member of his or her4nun-dh%te- arml~--zelative, or an organization with which
the supervisor is associated, has a substantial financial interest.
d. No supervisor may use his or her office or position in a way that produces or assists in the
production of a substantial benefit, direct or indirect, for the supervisor, one or more
members of the supervisor's immediate family either separately or together, or an
organization with which the official is associated.
6. Nepotism.
a. No supervisor may serve on a committee that oversees or otherwise can directly affect a
department in which a member of his/her iwAne' ate f mil : relative is employed.
b. No supervisor may participate in an appointment or employment process if a relative is an
applicant under consideration.
c. No supervisor may influence or attempt to influence a County employee or other supervisor
in a term or a condition of employment affecting a relative.
7. Fairness and Consistency. No supervisor shall use or knowingly permit the use of County
services or County-owned or rented vehicles, equipment, or materials for unauthorized non-
governmental purposes or for unauthorized personal convenience or for profit, unless such
services or use are available to the public generally and consistent with practices and policies of
the County.
8. Political Activities. A supervisor has the right to freely express his or her views as a citizen and
cast his or her vote, subject to the following:
a. No supervisor shall directly or indirectly use or seek to use his or her authority or position to
control or modify the political activity of another person.
b. No supervisor shall at any time use any County-owned or leased equipment for any political
activity.
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c. No supervisor shall attempt to or influence an attempt to remove, discharge, demote, reduce
pay, or otherwise discriminate against an employee because of the employee's political
opinions or affiliations.
9. Compliance with State Statutes. The following sections of the Wisconsin Statutes are hereby
incorporated by reference and made a part of this code of ethics:
a. Section 19.01 Oaths and Bonds.
b. Section 19.21 Custody and Delivery of Official Property and Records.
c. Section 19.81-19.89 Open Meetings of Governmental Bodies.
10. Ethics Board.
I a. Members of Ethics Board. The Chairs of the -gstanding Gcommittees and the Chair of the
Health and Human Services Board shall serve as the St. Croix County Ethics Board. If any
member of the committee cannot be unbiased regarding a complaint or is the subject of a
complaint, that member shall not serve in regard to that complaint. If one or more members
are unable to serve, the County Board Chair shall appoint a supervisor to serve for each
member unable to serve. If the County Board Chair is the subject of the complaint, the Vice-
Chair shall appoint. If both the County Board Chair and Vice-Chair are subjects of the
complaint, the Chair of the Administration Committee shall appoint. Appointed supervisors
shall be unbiased.
b. Powers and Duties of Ethics Board. The Ethics Board shall:
1) Administer and enforce the provisions of this Code of Ethics.
2) When a supervisor requests, issue advisory opinions regarding the propriety of any matter
to which the supervisor is or may become involved. The supervisor shall be afforded an
opportunity to appear before the Ethics Board to present evidence relevant to the
interpretation and application of the Code of Ethics to the matter before an advisory
opinion is issued.
3) Accept from any person a verified written complaint which states the name of the
supervisor alleged to have committed a violation of the Code of Ethics and sets forth the
material facts of the allegation. The Ethics Board shall forward a copy of the complaint
to the accused supervisor within 10 days of receipt.
4) Following receipt of a verified complaint, conduct an investigation with respect to the
alleged violation of the Code of Ethics. Written notice of the investigation shall be given
to the supervisor who is the subject of the. complaint before commencing the
investigation. The notice shall state the exact nature and purpose of the investigation, the
supervisor's specific. action. or activities to be investigated and a statement of such
person's due process rights. The Ethics Board shall have the power to compel the
attendance of witnesses and to issue subpoenas granted other boards and commissions
under Wisconsin. Statutes § 885.01 (3).
5) After completion of the investigation, make written findings and conclusions. A majority
of the members are required to approve the findings and conclusions. The supervisor
who is the subject. of the complaint shall be given a copy of the findings and conclusions.
6) Based on its written findings and conclusions:
(a) Dismiss the complaint. If no action on the complaint is taken within 60 days of
receipt of the complaint, the complaint shall be dismissed.
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(b) Issue a written request to the supervisor to conform his or her conduct to the Code of
Ethics.
(c) Recommend to the County Board that it order the supervisor to conform his or her
conduct to the Code of Ethics.
(d) Refer the matter to the District Attorney to commence enforcement proceedings
pursuant to Wisconsin Statutes § 19.59.
c. Forfeitures and Penalties.
I) If, in a case prosecuted by the District Attorney, the Court finds that a violation of the
Code of Ethics has occurred, the Court may impose a forfeiture of not more than $500 for
each violation. In the event of an intentional violation, a forfeiture of not less than $100
and not more than $1000 shall be imposed for each violation.
2) In addition to forfeitures, the Court may order such other legal or equitable relief as may
be appropriate, including but not limited to mandamus, injunction, or declaratory
judgment.
d. Records of the Ethics Board. Records of the Ethics Board's opinions, opinion requests,
investigations, findings and conclusions may be closed in whole or in part to public
inspection.
e. Employee Protection.
1) No supervisor may, directly or indirectly, initiate or administer, or threaten to initiate or
administer, any retaliatory action against a County employee following an employee's
disclosure of information related to the violation of any federal or state law, County
ordinance, rule or regulation, the Code of Ethics, the mismanagement or abuse of
authority, a substantial waste of public funds, or a danger to public health and safety.
2) Nothing in this section restricts the right of the County as an employer to take appropriate
disciplinary action against an employee who knowingly makes an untrue statement or
discloses information the disclosure of which is specifically prohibited by federal or state
law, rule or regulation.
Section K. County Internet Website. Supervisors shall choose what information is released about
them on the St. Croix County Website. A supervisor may choose to use the Government Center
address, phone number, and email, his/her own personal information, or any combination thereof. A
form will be provided for each supervisor to indicate his/her choices.
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ARTICLE H
OFFICERS AND DUTIES
Section A. Officers; Election. The officers of the County Board shall be a Chair and a Vice-Chair.
Both officers shall be elected by the County Board by secret ballot at the County Board's first
meeting following the spring election in April. A candidate for either office shall be nominated by
another supervisor. At the close of nominations each nominee for Chair shall address the County
Board by responding to the following questions:
1. As County Board Chair, what will be your major objectives and priorities?
2. If you are elected, are there things you will try to change or do differently as County Board
Chair?
3. How would you describe the style you will use in working with your fellow supervisors, County
committees, County Administrator and other staff?
If no candidate receives a majority on the first vote, a second vote will be taken on the three
nominees receiving the most votes. If no nominee receives a majority on the second vote, a third
vote will be taken on the two nominees with the most votes.
Section B. Term. The term of office for the Chair and the Vice-Chair shall be. two years from the
April election.
Section C. Powers and Duties of the County Board Chair. The County Board Chair shall
exercise the powers and perform the duties described in these Rules and Bylaws, those assigned by
the Board, those prescribed by Robert's Rules of Order in cases to which they are applicable, and
those which are normally ascribed to the office. The Chair shall perform the following duties at each
County Board meeting:
1. Open each meeting of the County Board at the place and time publicly noticed and call the
supervisors to order.
2. Determine that a quorum of supervisors is present.
3. Announce the business that comes before the County Board in accordance with the agenda.
4. Recognize supervisors who are entitled to the floor.
5. State and put to vote all questions that legitimately come before the County Board as motions or
that otherwise arise in the course of proceedings.
6. Announce the result of each vote.
7. Rule out of order a motion that is not in order.
8. Protect the County Board from obviously frivolous motions by refusing to recognize them.
9. Enforce the rules relating to debate and to order and decorum in a County Board meeting.
10. Expedite business in every way compatible with the rights of supervisors.
11. Decide all questions of order, subject to a supervisor appeal to the County Board. If in doubt, the
Chair may submit the question to the County Board.
12. Declare a meeting adjourned when the County Board so votes or the agenda is completed.
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Section D. Powers and Duties of the Vice-Chair. The County Board Vice-Chair shall exercise the
powers and perform the duties described in these Rules and Bylaws, those assigned by the Board,
those prescribed by Robert's Rules of Order in cases to which they are applicable, and those which
are normally ascribed to the office, which include:
1. Act as Chair during the absence or disability of the Chair.
2. Act as Chair when it is necessary for the Chair to temporarily vacate the seat.
Section E. Chair Pro tem. If both the Chair and Vice-Chair are absent from a County Board
meeting, the County Board shall appoint a Chair pro tem to conduct the meeting.
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ARTICLE III
COMMITTEE OF THE WHOLE
Section A. Meeting of Committee of the Whole. When consideration of a matter is appropriate
for all supervisors of the County Board, and under less formal conditions than a County Board
meeting, the County Board may meet as the Committee of the Whole. Meetings of the Committee of
the Whole shall be at the call of the County Board Chair.
Section B. Recommendations to County Board. The Committee of the Whole makes
recommendations to the County Board via resolution.
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ARTICLE IV
STANDING COM[INU'T'TEES OF THE COUNTY BOARD
Section A. County Board Standing Committees. County Board Standing Committees are
comprised of County Board Supervisors elected by the County Board as set forth in Section C.
1. Administration Committee 5 Supervisors
2. Community Development Committee 5 Supervisors
3. Public Protection Committee 5 Supervisors
4. Transportation Committee 5 Supervisors
Section B. Standing Committees Functions. Standing Committees assist the County Board by
preparing resolutions and ordinances that promote the strategic mission and focus on the strategic
priority areas. Standing Committees (designated below) conduct statutorily required functions and
are responsible to the County Board for the policy governance of designated departments.
Department policies are implemented and carried out on a daily basis by Department Heads under
the management and direction of the County Administrator.
1. Administration Committee.
a. Designated Departments - Policy Governance and Budget: County Administrator; Building
Services; Corporation Counsel; County Clerk; Finance; Human Resources; Information
Technology; Risk Management; Treasurer; and Veterans Service. Circuit Court and Clerk of
Court (unless otherwise designated pursuant to Wisconsin Statutes or State Constitution).
b. Additional duties:
1) Review designated department financial reports.
2) Review resolutions and ordinances from designated departments for consideration by the
County Board.
3) Review and approve applications for grants which require unbudgeted matching funds.
4) Approve or deny the County Administrator's recommendation of any department's
request for a budget amendment as set forth in Wisconsin Statutes § 65.90(5)(b).
5) Recommend legislation or action on pending legislation affecting a designated
department to the County Board.
6) Appoint subcommittees as deemed necessary.
7) Review use of the contingency fund pursuant to the Fund Balance Policy.
8) Recommend the County Administrator's annual budget to the County Board.
9) Recommend long-term facility plans to the County Board.
10) Recommend the acquisition, sale and use of County land to the County Board.
11) Review the County Administrator's recommendations regarding use of space in County
buildings.
12) Review the County Administrator's recommended changes to the Human Resources
Handbook.
13) Review the County Administrator's recommendation of all County insurance matters
including property and casualty, general liability, and group health and life insurance.
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14) Recommend changes to the County Board Rules and Bylaws.
15) Review renewal and recommend terms of the County Administrator's contract to the
County Board.
2. Community Development Committee.
a. Designated Departments - Policy Governance and Budget: Land and Water Conservation
and Parks; Planning and Zoning; Register of Deeds; and UW-Extension.
b. Additional duties:
1) Review designated department financial reports.
2) Review resolutions and ordinances from designated departments for consideration by the
County Board including, but not limited to:
(a) Review and recommend to the County Board the Farmland Preservation Plan.
(b) Review and recommend to the County Board the Outdoor Recreation Plan/Parks
Ordinance.
(c) Review and recommend to the County Board any changes to the Recycling
Ordinance.
(d) Review and recommend to the County Board the Land and Water Resource
Management Plan.
(e) Review and recommend to the County Board a comprehensive plan.
3) Recommend legislation or action on pending legislation affecting a designated
department to the County Board.
4) Review and approve applications for grants which require unbudgeted matching funds.
5) Appoint subcommittees as deemed necessary.
6) The Community Development Committee acts as the agriculture and extension education
committee required by Wisconsin Statutes § 59.56 (3) (b).
7) The Community Development Committee acts as the County land conservation
committee required by Wisconsin Statutes § 92.06. When so acting, the Chair of the
County agricultural stabilization and conservation committee (Farm Service Agency
Committee) created under 16 United States Code 690h(b), or another member designated
by the FSA Chair, shall also serve on the land conservation committee.
8) Review and approve municipal plats pursuant to Chapter 236 of the Wisconsin Statutes.
9) Review and approve rezoning requests.
3. Public Protection Committee.
a. Designated Departments - Policy Governance and Budget: Child Support Agency;
Emergency Support Services; and Medical Examiner. District Attorney's Office and
Sheriff's Office (unless otherwise designated pursuant to Wisconsin Statutes or State
Constitution).
b. Additional duties:
1) Review designated department financial reports.
2) Review resolutions and ordinances from designated departments for consideration by the
County Board.
3) Recommend. legislation or action on pending legislation affecting a designated
department to the County Board.
4) Review and approve applications for grants which require unbudgeted matching funds.
5) Appoint subcommittees as deemed necessary.
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03/06/2012 COUNTY BOARD MEETING DRAFT
6) The Public Protection Committee acts as the Emergency Management Committee, a
committee required by Wisconsin Statutes § 323.14.
7) The Public Protection Committee shall also act as the Group 1 membership of the Local
Emergency Planning Committee (LEPC), a committee that is required by 42 United _
States Code 11001, the federal "Superfund" law, and Wisconsin Statutes § 59.54 (8).
Group 1 is the elected state and local officials' component of the LEPC. One or more
elected state officials will be invited by the County Board Chair to be Group 1 members.
At least one additional member shall be chosen for the LEPC from each of the following
groups or organizations: Group 2 - law enforcement, civil defense, firefighting, first aid,
health, local environmental, hospital and transportation personnel; Group 3 - broadcast
and print media; Group 4 - community groups; and Group 5 - owners and operators of
facilities subject to the requirements of the "Superfand" law. The members of Groups 2 -
5 shall be appointed by the County Board Chair and approved by the County Board.
4. Transportation Committee.
a. Designated Department - Policy Governance and Budget: Highway Department and County
Surveyor
b. Additional duties:
1) Review designated department financial reports.
2) Review resolutions and ordinances from designated departments for consideration by the
County Board.
3) Recommend legislation or action on pending legislation affecting a designated
department to the County Board.
4) Review and approve applications for grants which require unbudgeted matching funds.
5) Appoint subcommittees as deemed necessary.
6) Pursuant to Wisconsin Statutes Chapter 83, the Transportation Committee acts as the
County highway committee as a policy-making body determining the broad outlines and
principles governing administration of the Highway Department.
7) The Transportation Committee hears permit appeals of the Highway Department
decisions pursuant to Wisconsin Statutes § 86.07.
Section C. Electingl, ,,,,e nting Supervisors to Standing Committees.
1. Members of standing committees shall be elected. The elections shall occur at the County
Board's first meeting following the geiiei:ed spring election in April, immediately after the
election of the Chair and Vice-Chair. The order in which the standing committees are selected
shall be established randomly at the meetirig, i.e., draw the standing committee naives out of a
hat. The members shall be elected by secret ballot. Each member shall be elected to at least one
I committee, but not more than two committees. No supervisor shall be the chair of more than one
standing committee or HHS Board.
2. Supervisors may vote for as many candidates as there are supervisors on the standing committee
being selected. A candidate may not receive more than one vote per ballot. If fewer candidates
than the number of supervisors on a standing committee receive a majority on the first ballot,
there shall be a second ballot for the number of supervisor seats on the standing committee not
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03/06/2012 COUNTY BOARD MEETING DRAFT
yet filled for the remaining candidates. If additional ballots are necessary, the second ballot
procedure will be repeated until all the standing committee's seats are filled.
3. If more candidates receive a majority of votes than there are seats on the standing committee, the
candidates receiving the most majority votes shall be seated on the committee. If more
candidates receive a majority of votes than there are seats on the committee and there is a tie
between two or more candidates receiving the smallest number of votes that would have elected
the candidate to the committee, there shall be another ballot between the candidates that are tied.
Section D. Standing Committee Member's Term of Office. The term of office of a member of a
standing committee shall be two years, commencing upon election to the committee at the first
County Board meeting following the spring election in April, or until a successor is elected if an
election is not able to be held at that meeting.
Section E. Membership Limitations. Each supervisor shall be a member of one standing
committee or Health and Human Services Board. No supervisor shall be a member of more than two
standing committees or Health and Human Services Board. No County employee may serve as a
member of a standing committee or Health and Human Services Board.
Section F. Organization. Each committee shall self-organize. Each committee shall select its own
chair, vice-chair and secretary. The County Board Chair shall designate a committee member to
arrange the initial committee meeting and conduct the meeting until the committee chair is selected.
Section G. Standing Committee Meetings.
1. A standing committee shall meet at such intervals as are necessary to discuss or act on business.
A majority of standing committee members shall constitute a quorum for the transaction of
business. If a quorum is not present, the County Board Chair or County Board Vice-Chair may
act as a voting member. Standing committee meetings shall follow the rules contained in Article
IX for County Board meetings and Robert's Rules of Order if applicable.
2. The agenda of standing committee meetings, as appi:eved as reviewed by the County
Administrator and approved by the. committee chair, shall be provided to the County Clerk's
Office in time for the County Clerk to give notice of each meeting pursuant to Wisconsin
Statutes § 19.84.
3. Each standing committee chair shall arrange for the draft minutes of each of its meetings to be
prepared. Each 9standing Coommittee shall provide copies of draft meeting minutes to all
committee members in their meeting packets. As soon as minutes are approved as official, they
shall be delivered to the County Clerk for retention and posting on the County's 44effiet-website1
and-distribution to all supervisors, and media that has requested the information.
4. Meetings of a standing committee may be called in the following ways:.
a. Upon written notice by the committee chair provided pursuant to Wisconsin Statutes § 19.84;
or
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03/06/2012 COUNTY BOARD MEETING DRAFT
b. Upon a written request of a majority of the members of the standing committee to the
committee chair. The committee chair shall then give notice of the meeting in the manner
required in subsection a.
Section H. Joint Standing Committee/Health and Human Services Board (HHS Board)
Meetings. Standing committees and the HHS Board may hold joint meetings. Upon appr-eve-1-A, -0
reviewed by the County Administrator and approved by by tke Ge Hty kdng aist:^t~, the chairs of
the committee(s)/I-MS bBoard meeting jointly shall establish the meeting date and the agenda, and
shall give notice of the meeting in the manner required in Article N. Sec. G. 4. a. The chairs shall,
whenever possible, schedule such a joint meeting to coincide with a regularly scheduled meeting of
one of the standing committee(s)/HHS bBoard. The chairs shall determine who will chair the joint
meeting and who will act as secretary. In the event agreement cannot be reached, the members of the
committee(s)/HHS bBoard shall elect the chair and/or secretary of the joint meeting.
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03/06/2012 COUNTY BOARD MEETING DRAFT
ARTICLE V
BOARDS APPOINTED BY THE COUNTY ADMINISTRATOR
Section A. Boards.
Pursuant to Wisconsin Statutes §59.18(2)(c), the St. Croix County Administrator shall appoint all
members of boards subject to confirmation by the County Board. The County Administrator
shall make appointments to the following boards:
1. Health and Human Services Board 6 Supervisors & 3 citizen members*
*The Health and Human Services Board shall have 3 citizen members who shall be appointed by
the County Administrator and confirmed by the County Board at the May County Board meeting
pursuant to Wisconsin Statutes § 46.23(4)(b)2. Citizen members are appointed pursuant to
Wisconsin Statutes § 251.03.
2. Board of Adjustment 2 Supervisors & 3 citizen members*
*The Board of Adjustment shall have at least 1 but not more than 2 supervisors and the balance
citizen members.
Section B. Board Descriptions.
1. Health and Human Services Board (HHS Board).
a. Designated Departments- Policy Governance and Budget : Health and Human Services
Department
b. Additional duties:
1) Review designated department financial reports.
2) Review resolutions and ordinances from designated departments for consideration by the
County Board.
3) Recommend legislation or action on pending legislation affecting a designated
department to the County Board.
4) Review and approve applications for grants which require unbudgeted matching funds.
5) Appoint subcommittees as deemed necessary.
6) Act as the local board of health pursuant to Wisconsin Statutes § 251.03(1)
7) Perform all duties as required by Wisconsin Statutes 46.23 5m). (The St. Croix
County Rules and Bvlai,vs shall represent the operating procedures as required by
Wisconsin Statutes § 46.23(51n)(e).)
c. Members and Term.
1) The term of office for each of the six supervisor members of the HHS Board shall be
three years, arranged so that the terms of two supervisor members shall expire each
year, pursuant to Wisconsin Statutes § 46.23 (4) (c). If a supervisor member is not re-
elected to the County Board and the term he/she is serving on the HHS Board does
not expire in the year the County Board term begins, a vacancy will be deemed to
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03/06/2012 COUNTY BOARD MEETING DRAFT
have occurred on the MS Board and another supervisor will be appointed to serve
the remainder of the term. The term of office for each of the three citizen members of
the HHS Board shall be three years, commencing upon appointment at the May
County Board meeting, arranged so that the term of 4-one citizen member shall expire _
each year, pursuant to Wisconsin Statutes § 46.23(4)(c). If HHS Board members
cannot be selected at the times described in this paragraph, current members shall
serve until successors are selected.
2) Membership Limitations. Each supervisor shall be a member of one standing
committee or HHS Board. No supervisor shall be a member of more than two
standing committees or HHS Board. No County employee may serve as a member of
a standing committee or HHS Board. No supervisor shall be the chair of more than
I one standing committee or HHS Board.
3) Organization. The HHS Board shall self-organize and shall select its own chair, vice-
chair and secretary. The County Administrator shall designate a committee member
to arrange the initial committee meeting and conduct the meeting until the committee
chair is selected.
4) Health and Human Services Board Meetings.
a) The HHS Board shall meet enl~ at such intervals as are necessary to discuss or act
on business + b presented to the County Be ,.d as a r-esel Linn nr °r-di"'"ee. A
majority of members shall constitute a quorum for the transaction of business. If a
quorum is not present, the County Board Chair or County Board Vice-Chair may
act as a voting member. Meetings shall follow the rules contained in Article IX
for County Board meetings and Robert's Rules of Order if applicable.
b) The agenda, asapprevedas reviewed by the Co-Linty Administrator and approved
the HHS Chair, shall be provided to the
County Clerk's Office in time for the County Clerk to give notice of each meeting
pursuant to Wisconsin Statutes § 19.84.
c) The Chair shall arrange for the draft minutes of each of its meetings to be
prepared and shall provide copies of draft meeting minutes to all HHS Board
members in their meeting packets. As soon as minutes are approved as official,
they shall be delivered to the County Clerk for retention and posting on the
County's internet website and distribution to all supervisors.
d) Meetings may be called upon written notice by the IMIS bBoard chair provided
pursuant to Wisconsin Statutes § 19.84 or upon a written request of a majority of
the members of the HHS bBoard to the HHS bBoard chair. The HHS board chair
shall then give notice of the meeting in the manner required.
5) Joint Standing Committee/HHS Board Meetings. Standing committees and HHS
Board may hold joint meetings. Upon approval by the County Administrator, the
chairs of the committee(s)/HHS Board meeting jointly shall establish the meeting date
and the agenda, and shall give notice of the meeting in the manner required in Article
IV. Sec. G. 4. a. The chairs shall, whenever possible, schedule such a joint meeting to
coincide with a regularly scheduled meeting of one of the standing committee(s)/HHS
Board. The chairs shall determine who will chair the joint meeting and who will act
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03/06/2012 COUNTY BOARD MEETING DRAFT
as secretary. In the event agreement cannot be reached, the members of the
committee(s)/HHS Board shall elect the chair and/or secretary of the joint meeting.
2. Board of Adjustment. The Board of Adjustment is established pursuant to Wisconsin Statutes §
59.694. The Board of Adjustment is an independent decision-making body not subject to County
Board control. The Board of Adjustment shall act in a fair and impartial manner, without bias or
prejudice, and render its decisions based on law, facts and rational analysis.
a. Powers. The Board of Adjustment shall have the following powers:
1) To hear and decide appeals where it is alleged there is error in an order, requirement,
decision or determination made by an administrative official in the enforcement of
Wisconsin Statutes 59.69 and 59.692 or of any ordinance enacted pursuant thereto.
2) To hear and decide special exceptions (conditional uses) to the terms of an ordinance
enacted pursuant to Wisconsin Statutes § 59.69.
3) To authorize upon appeal in specific cases variances from the terms of any ordinance
enacted pursuant to Wisconsin Statutes 59.69 or 59.692 that will not be contrary to
the public interest, where, owing to special conditions, a literal enforcement of the
provisions of the ordinance will result in unnecessary hardship, and so that the spirit of
the ordinance shall be observed and substantial justice done.
4) To grant special exceptions and variances for renewable energy resource systems. If the
board denies an application for a special exception or variance for such a system, the
board shall provide a written statement of its reasons for denying the application.
"Renewable energy resource system" means a solar energy system, a waste conversion
energy system, a wind energy system or any other energy system which relies on a
renewable energy resource.
b. Members and Terms.
1) The Board of Adjustment shall consist of -5five members - at least 4-one but not more
than 2two supervisors and the balance citizen members. The County Administrator
shall appoint the members with the approval of the County Board for terms of 2three
years beginning on the date of the first Board of Adjustment meeting following County
Board approval at its May meeting each year. If members cannot be appointed at the
May County Board meeting, members shall serve until their successors are appointed.
In the event a citizen member of the Board of Adjustment is elected to the County Board
of Supervisors the newly elected board member will be allowed to fialfill his/her term on
the Board of Adjustment. The terms shall be staggered so that one or two terms expire
each year.
2) If a supervisor member of the Board of Adjustment is not re-elected to the County
Board and the term he/she is serving on the Board of Adjustment does not expire in the
year the County Board term begins, a vacancy will be deemed to have. occurred on the
Board of Adjustment and another supervisor will be appointed to serve the remainder of
the term.
3) Any vacancy on the Board of Adjustment shall,be filled for the remainder of the term in
the same manner as appointments are made.
4) All members of the Board of Adjustment shall reside within unincorporated areas of the
County and no 2two members shall reside in the same town. Members of the
Community Development Committee, the Agriculture and Extension Education
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03/06/2012 COUNTY BOARD MEETING DRAFT
Committee or the Land Conservation Committee shall not serve on the Board of
Adjustment.
c. Officers. The Board of Adjustment shall choose a chair and a vice-chair. The chair shall
conduct the proceedings of the Board of Adjustment pursuant to State law, the County _
Zoning Code and Board of Adjustment written rules and by-laws. In the absence of the chair
the vice-chair shall conduct the proceedings.
d. Compensation. All members of the Board of Adjustment shall receive per diems and expense
reimbursement for each Board of Adjustment session attended in the same amount and at the
same rates as supervisors receive for attending County Board meetings.
e. Conduct of Members and Support Staff. Members of the Board of Adjustment shall not
discuss with anyone, including other members of the board, matters to come before or that
are before the board outside of formal board proceedings. The County Planning and Zoning
Department shall provide neutral staff assistance to the Board of Adjustment in preparing the
board's annual budget and in preparing notices of proceedings, minutes and decisions. The
Board of Adjustment and its individual members shall not have any contact with any
Planning and Zoning Department staff regarding matters to come before or that are before the
board beyond neutral staff assistance in the preparation of budgets, notices, minutes or
decisions, attempt to influence decisions or positions of the Planning and Zoning Department
regarding matters to come before or that are before the board, or discuss with staff matters to
come before or are before the board outside of formal board proceedings. No Planning and
Zoning Department staff shall contact the Board of Adjustment or any of its individual
members regarding matters to come before or that are before the board beyond providing
neutral staff support in the preparation of budgets, notices and decisions. No Planning and
Zoning Department staff shall allow any member of the Board of Adjustment to have contact
with them in an attempt to influence them on matters to come before or that are before the
board or discuss board matters outside of formal board proceedings.
f. Budget. The Board of Adjustment shall prepare an annual operating budget in accordance
with County budgeting procedures.
g. Rules. The Board of Adjustment shall comply with the Rules Governing St. Croix County
Board of Adjustment. (See Addendum I.)
n- ~f*__ _
meetings. et.- Bear-d
held, jek-A , the ehazis of the
r 1,.
d the _iliele A'. e. 9. 4. a. The ehair-s shall, wheaevei~
v g v 5 . ` a.
meeting , the . ef the
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03/06/2012 COUNTY BOARD MEETING DRAFT
ARTICLE VI
SUBCOMMTTEES OF A STANDING COADUTTEE OR BOARD
Section A. Subcommittee Defined. A subcommittee is a permanent subdivision of a standing
committee or board organized for a specific purpose. A subcommittee has no independent authority
and is subordinate to its standing committee.
Section B. Subcommittees Established. The following subcommittees are established:
1. Council on Aging and Disabilities.
a. The Council on Aging and Disabilities is a subcommittee of the Health and Human Services
Board. The role of the Council on Aging and Disabilities is to: (a) identify the needs of
older people and adults with disabilities; (b) recommend services to meet those needs;* and
(c) advocate for local, state and national programs that promote quality of life for older
people and adults with disabilities. Notwithstanding Section A, the Council on Aging and
Disabilities shall be the governing board of the Aging and Disabilities Resource Center
(ADRC) pursuant to Wisconsin Statutes § 46.283(6). In the event an issue should arise
between the Health and Human Services Board and the Council on Aging and Disabilities
relating to the governance of the ADRC, the Health and Human Services Board and/or the
Council on Aging and Disabilities may bring the issue to the County Board via resolution or
ordinance.
b. The members of the Council on Aging and Disabilities shall be appointed by the Health and
Human Services Board pursuant to Wisconsin Statutes § 46.23 (5m). The membership of the
Council on Aging and Disabilities shall be four supervisors, two of which shall be members
of the Health and Human Services Board, and seven citizen members. The membership shall
reflect the ethnic and economic diversity of the County. At least one fourth of the members
will be of individuals who belong to an Aging and Disability Resource Center (ADRC) client
group, or who is a family member of, guardian of or other advocate for such an individual.
The proportion of members representing older people, people who are physically disabled
and people who are developmentally disabled shall be the same as the proportion of
individuals in these target groups statewide that are enrolled in Medicaid managed long-term
care programs; each individual will only represent one target group. One member shall be an
individual. with a mental health or substance abuse issue, or a family member or other
representative of such individual. One member may represent youth transitioning to the adult
system.
c. The Council on Aging and Disabilities shall act as the Community Options Program
Committee pursuant to Wisconsin Statutes § 46.23(3)(bm).
2. Substance Abuse. Subcommittee.
a. The Substance Abuse Subcommittee is a subcommittee of the Health and Human Services
Board. Its role is to work to end substance abuse in the County through education,
prevention and control programs with the assistance of County departments and private
organizations.
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03/06/2012 COUNTY BOARD MEETING DRAFT
b. The membership of the Substance Abuse Subcommittee shall be three supervisors. The
Substance Abuse Subcommittee shall make all reasonable efforts to gain continuous, active
participation in Substance Abuse Subcommittee meetings and programs from the following
persons: the County Health and Human Services (HHS) Director or designee; the Sheriff or
designee; the District Attorney or designee; the County Drug Court Coordinator; the County
Family Living Agent, University of Wisconsin - Extension Service (UWEX); a person from
the County jail alcohol and other drug abuse counseling service; persons from other alcohol
and drug treatment services and programs; a person from the Behavioral Health Division of
HHS; a person from the Public Health Division of HHS; a person from the Public Defender's
Office; persons from the faith community; persons from youth-serving organizations; student
or youth representatives; persons from homeless shelter organizations; a pharmacist; a person
fiom Moms and Dads Against Meth (MADAM); persons from local law enforcement
agencies.
c. The three supervisor members are appointed by the Health and Human Services Board.
Other participants shall be approved by the committee. Only the supervisor members of the
committee are entitled to per diems and expense reimbursement for attending committee
meetings.
Section C. Meetings. Notice of meetings of a subcommittee shall be given by the chair of the
subcommittee in the same manner as required for standing committee meetings under Article IV,
Sec. G. 4. a.
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03/06/2012 COUNTY BOARD MEETING DRAFT
ARTICLE VII
AD HOC CONBUTTEES OR ORGANIZATIONS
Section A. Ad-hoc Committees.
The County Board shall establish ad-hoc committees for specific purposes and limited duration. The
County Administrator shall appoint the members of ad hoc committees with County Board approval.
Supervisor members of ad hoc committees shall be entitled to per diems and expense reimbursement
for attending meetings in the same amount and at the same rates as they receive for attending County
Board meetings.
Section B. Organizations.
The County Board may permit participation in organizations of other entities. The County
Administrator shall appoint the representatives, subject to the confirmation of the County Board.
Supervisor members shall be entitled to per diems and expense reimbursement for each meeting
attended in the same amount and at the same rates as they receive for attending County Board
meetings, unless the other organization or agency provides compensation and/or expense
reimbursement.
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03/06/2012 COUNTY BOARD MEETING DRAFT
ARTICLE VIII
OTHER APPOINTMENTS BY TBE COUNTY ADMINISTRATOR
Section A. Other Organizations.
1. The County Board may participate in other organizations and agencies as shown below.
Supervisor and citizen members shall be entitled to per diems and expense reimbursement for
each meeting attended in the same amount and at the same rates as they receive for attending
County Board meetings, unless the other organization or agency provides compensation and/or
expense reimbursement. These organizations and agencies, if necessary, shall have contact with
the County Board through a standing committee. The County Administrator shall appoint
representatives of St. Croix County to the organization subject to confirmation by the County
Board unless otherwise indicated. So far as practicable, supervisor representatives shall be
members of the contact committee.
2. The organizations and agencies with County Board representation, the number of supervisor
members and the contact committee are shown below.
a. Bass Lake Rehabilitation District
Representation: 1 supervisor
Contact Committee: Community Development Committee
b. County Traffic Safety Commission
Representation: 2 supervisors; the County Highway Commissioner or designated
representative; the Sheriff or designated representative; the County highway safety
coordinator; and a representative from each of the disciplines of education, medicine and law
Contact Committee: Public Protection Committee
c. Hudson Area Intergovernmental Advisory Council
Representation: County Board Chair or his/her designee
Contact Committee: Administration Committee
d. Indianhead Federated Library System (IFLS)
Representation: Members are appointed pursuant to Wisconsin Statutes § 43.19(1)(b).
Number of members is based on county population. County representatives are entitled to
per diems and expense reimbursement for attending meetings in the same amount and at the
same rate as supervisors receive for attending County Board meetings, unless compensation
and/or expense reimbursement is provided by IFLS.
Contact Committee: Administration Committee
e. Land Information Advisory Council
Representation: 1 supervisor from the Community Development Committee for a term
concurrent with the County Board term; the Register of Deeds; County Treasurer, Real
Property Lister, Planning and Zoning Director, Emergency Services Director and County
Surveyor for permanent terms; and a realtor employed within. St. Croix County nominated by
the Western Wisconsin Realtors Association, for an initial term ending on May 31, 2013 and
thereafter a two-year term beginning June 1St
Contact Committee: Community Development Committee
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03/06/2012 COUNTY BOARD MEETING DRAFT
f. Partnership Team of the Lower St. Croix Management Commission
Representation: 1 supervisor and 1 alternate supervisor
Contact Committee: Community Development Committee
g. Squaw Lake Rehabilitation District
Representation: 1 supervisor
Contact Committee: Community Development Committee
h. St. Croix County Economic Development Corporation
Representation: 3 supervisors
Contact Committee: Community Development Committee
i. St. Croix County Fair Board
Representation: 3 supervisors
Contact Committee: Community Development Committee
j. Veterans Service Commission
Representation: 3 residents of the county who are veterans
Contact Committee: Administration Committee
k. West Central Area Land and Water Conservation Association
Representation: 1 supervisor
Contact Committee: Community Development Committee -
1. West Central Wisconsin Community Action Agency, Inc. (WestCAP)
Representation: 1 supervisor
Contact Committee: Health and Human Services Board
in. West Central Wisconsin Regional Planning
Representation: 2 supervisors and 1 citizen member
Contact Committee: Community Development Committee
n. Western Wisconsin I-94 Corridor Coalition
Representation: 1 supervisor
Contact Committee: Transportation Committee
o. Wisconsin Counties Association
Representation: County Board Chair & Vice-Chair
Contact Committee: Administration Committee
p. Willow River Rehabilitation District
Representation: 1 supervisor
Contact Committee: Community Development Committee
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03/06/2012 COUNTY BOARD MEETING DRAFT
ARTICLE IX
MEETINGS OF THE COUNTY BOARD
Section A. Meeting Place, Dates and Times. County Board meetings shall be held as follows:
1. Regular Meeting Dates and Times. The County Board shall hold its regular meetings at the St.
Croix County Government Center, 1101 Carmichael Road, Hudson, Wisconsin, the first Tuesday
of each month, except no regular meeting is scheduled for February or July. The meetings shall
begin at 9:00 a.m., except that the meeting in May and June shall begin at 7:00 p.m. If necessary,
meeting dates and times may be changed by the County Board Chair.
2. Annual Meeting. The annual meeting of the County Board, required by Wisconsin Statutes §
59.11 (1), shall be held as part of the regular meeting in October.
3. Special Meetings. Special meetings may be called in accordance with Wisconsin Statutes §
59.11(2).
4. Physical Presence Necessary. Each supervisor must be physically present at a County Board
meeting to be "in attendance." Supervisors are not in attendance if listening by telephone or
electronic manner, and may not vote by proxy on any matter.
Section B. County Clerk to Act as Clerk of the County ]Board. The County Clerk shall act as the
Clerk of the County Board at all County Board meetings and shall: keep and record true minutes of
all meetings of the County Board; create and publish a certified copy of proceedings of County
Board meetings in all county newspapers pursuant to Wisconsin Statutes § 59.14 (2) ("Proceedings"
means a brief, precise summary of every resolution adopted, ordinance enacted or other action taken
by the County Board); make regular entries of the County Board's resolutions and decisions upon all
questions; and record the vote of each supervisor on any question submitted to the County Board
when requested by any supervisor, pursuant to Wisconsin Statutes § 59.23(2).
Section C. Agendas. The County Clerk shall provide to all supervisors at least 14 days prior to the
date of a County Board meeting a preliminary agenda of items to come before the County Board.
Matters of urgency arising after the preliminary agenda has been provided to supervisors may be
added to the agenda at the discretion of the County Board Chair and the County Administrator.
Notice of these additional items and, if applicable, the resolution or ordinance will be mailed to the
supervisors as soon as practicable, but not later than the Friday prior to the County Board meeting.
A final agenda will be available the day of the County Board meeting.
Section D. Documents. All resolutions, reports and other documents relating to business to come
before the County Board for action shall be submitted to the County Clerk six days prior to each
meeting of the County Board. The County Clerk shall provide the collection of documents to all
supervisors not less than five days prior to each meeting of the County Board.
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03/06/2012 COUNTY BOARD MEETING DRAFT
Section E. Procedures.
1. Before proceeding to business, the roll of the supervisors shall be called and the names of those
present and those absent shall be entered on the record. Ten supervisors present at a County
Board meeting shall constitute a quorum for the transaction of business.
2. No supervisor shall absent himself/herself from a County Board meeting without first obtaining
leave of absence from the County Board Chair or the County Clerk in the event that the Chair
cannot be reached.
3. The order of business on a County Board meeting agenda shall be as follows:
Call to Order
Invocation
Pledge of Allegiance to the Flag
Roll Call
Consent Agenda
1. Minutes of Previous Meeting
2. Date of Next Meeting
3. Rezonings
Presentations or Recognitions
Appointments
County Administrator's Report
Annual Committee and Department Reports
Old & New Business
County Clerk's Report of Correspondence and Rezoning Requests
Announcements
Adjournment
The County Board Chair may modify the order of business.
4. The County Board Chair shall preserve County Board meeting order and decorum. The County
Board Chair shall speak to points of order and shall also decide questions of order subject to an
appeal to the County Board. No supervisor shall speak more than once on such appeal except by
leave of the Board. A majority vote of the supervisors present shall overrule the County Board
Chair.
5. MUle the Geunty Bear-d Chair- is addressing the County Board or- submitting a question, no
F, meeting, leave the .
~Ser- shall or-ass the Chair.
65. Any County resident not a supervisor desiring to address the County Board on any subject
properly before the County Board shall first be recognized by the supervisor representing the
district in which he/she resides. Any person not a County resident wishing to address the County
Board on any subject properly before the County Board shall first be recognized, or shall be
denied, by the County Board Chair. If another supervisor objects to the County Board Chair's
decision, the matter shall be put to a vote of the County Board. This rule shall not apply to the
County Administrator or other officer or employee of the County when answering any questions
put to them by a supervisor or from presenting information to the Board after being recognized
by the Chair.
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03/06/2012 COUNTY BOARD MEETING DRAFT
-76. Minutes of County Board meetings shall be kept in accordance with Wisconsin Statutes
§59.23(2)(a). Draft minutes shall be transcribed yF, ""^-rescrz se,cn days aft-he e.a,, 6CL--d meg
by the County Clerk. The County Cleric shall provide copies of all draft meeting minutes to all
supervisors in their meeting packets. Upon approval of the minutes, or approval of the minutes
with changes, at the subsequent County Board meeting, the minutes shall become official.
-97. Audio recordings of all meetings of the County Board shall be preserved by the County Clerk
for one year.
~k$. Every matter which comes before the County Board from a source other than a standing
committee, HHS Board or the Committee of the Whole shall be referred to an appropriate
standing committee or HHS Board by the County Board Chair without motion unless otherwise
directed by a two-thirds vote of the County Board. Every committee shall report upon all items
referred to it by the second meeting following the meeting of referral unless otherwise directed
by the County Board. Once the subject matter has been referred to a standing committee, the
presenter is strongly urged to appear before the committee.
4-09. All petitions for highways and bridges shall be presented to the County Board at the annual
budget meeting.
14-0. Reports by County department heads shall be submitted in writing to the County Board
annually.
1-21. The Chair of the Sstandina Ccommiee or HHS Board shall verify the name and vote of each
cemmi#ei-_member on the original resolution or ordinance copy.
1-32. All questions shall be put to the County Board in the order they are moved, except privileged
questions.
143. Procedural rules of the County Board may be suspended by a two-thirds vote of those
supervisors present.
Section F. Rules of Debate.
1. When any supervisor wishes to speak in debate, or deliver any matter to the County Board,
he/she shall address himself/herself to the County Board Chair, confine his/her remarks to the
question under debate, and avoid making derogatory personal comments about others.
2. In all cases, the supervisor who shall first address the County Board Chair shall speak first; but
when two supervisors speak at the same time, the County Board Chair shall recognize the
supervisor who shall speak first.
3. When a question is under debate, no motion shall be received except a motion:
a. To adjourn (privileged).
b. To take a recess (privileged).
c. To lay on the table (privileged).
d. For the previous question.
e. To postpone to a time certain.
£ To refer to a standing or ad hoc committee.
g. To amend.
h. To postpone indefinitely.
These motions shall have precedence in the order in which they are listed.
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03/06/2012 COUNTY BOARD MEETING DRAFT
4. A motion to adjourn, to take a recess, to lay on the table, and a call for the previous question,
shall be decided without debate.
5. A motion to adj ourn is always in order, except when a vote is being taken, but this rule shall not
permit any supervisor to move an adjourmnent when another supervisor has the floor.
6. When a motion is made, it shall be stated by the County Board Chair prior to debate. If a
question contains several points, any supervisor may have it divided into separate questions.
7. A supervisor called to order by the County Board Chair shall immediately relinquish the floor.
The County Board Chair shall then clearly state the breach involved and then ask the County
Board if the supervisor should be allowed to continue to speak. This question is not debatable.
8. It shall be in order for any supervisor voting on the prevailing side of a vote to move for a
reconsideration of that vote on the same day of the vote or not later than the next County Board
meeting. A motion for reconsideration having been put and lost, or not receiving a second, shall
not be renewed.
9. In all matters not specifically provided for in these rules, Robert's Rules of Order, latest edition,
shall govern in all cases to which they are applicable.
Section G. Putting Questions and Voting.
1. All questions shall be put to the County Board for a vote, unless otherwise required, in this form:
2. In a case where the result of a voice vote is in doubt, any supervisor may call for a division (a
counted vote).
3. Every supervisor present when a question is put to the County Board, or when his/ her name is
called, shall vote unless otherwise excused by the Board.
4. A supervisor may abstain from voting, but upon completion of the vote, he/she shall explain to
the County Board Chair the reason for his/her abstention. The Chair may approve or reject the
reason. If the reason is rejected, the supervisor must then vote "Aye" or "No." No supervisor
shall be permitted to explain his/her vote or abstention while the vote is being taken.
5. If a supervisor must leave the meeting during a debate or misses a vote, he/she shall be required
to vote upon his/her return. This rule may be waived by the County Board Chair.
6. Any supervisor may request a roll call vote. All votes on ordinances, resolutions, and motions
involving the expenditure of funds shall be by roll call vote.
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03/06/2012 COUNTY BOARD MEETING DRAFT
AR'T'ICLE X
A MNDMEIeTI' OF RULES
These Rules and Bylaws may be amended by a two-thirds vote of the total number of seats on the
County Board. The Rules and Bylaws shall be reviewed annually by March of each year.
History of County Board Rules and Bylaws
Adopted
03/10/1992 Resolution No. 8(92)
Amended
04/21/1992 - Resolution No. 12(92) Miscellaneous additions/deletions
10/20/1992 - Resolution No. 52(92) Miscellaneous additions/deletions
11/17/1992 - Resolution No. 58(92) Article VI, Contracts
07/17/1993 - Resolution No. 25(93) Article VI, Nepotism
05/17/1994 - Ordinance No. 347(94) Article VI, Code of Ethics
10/17/1995 - Resolution No. 27(95) Article IV, Board of Adjustment
10/17/1995 Resolution No. 28(95) Article VI, Per Diems
03/19/1996 - Resolution No. 6(96) Abolish Waste Management Committee
03/19/1996 Resolution No. 7(96) Committee name change, Planning, Zoning and Parks
12/16/1997 - By motion & adoption of County Board Miscellaneous additions/deletions
08/18/1998 -Resolution No. 11(98) Article VI, Per Diems; Article IV, Powers and Duties
10/27/1998 - Resolution No. 20(98) Article VI, Per Diems, WI Counties Assoc. Annual
Meeting
12/15/1998 - Resolution No. 31(98) Additional member, Emergency Government
Committee
10/26/1999 - Resolution No. 21(99) Article VI, Per Diems
12/12/2000 - Resolution No. 45 (2000) Article VI, County Web Site
06/18/2002 - Resolution No. 11(02) Article III, Questions following nominations for Chair
Article IV, Voting for committees
06/18/2002 - Resolution No. 12(02) Article IV, Board of Adjustment
07/20/2002 -Resolution No. 15(02) Article IV, Appointed Committees (Emergency
Management and Communications Committee
12/16/2003 - Resolution No. 52(2003) Article VI, Section C. 4. County Board Supervisor Per
Diems
01/20/2004 -Resolution No. 3(2004) Article IV and Addendum, Changing committee
responsibilities for Parks System and Recycling
Program and committee name change
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03/06/2012 COUNTY BOARD MEETING DRAFT
04/01/2004 -Resolution No. 8(2004) Article IV, Section D, Indianhead Federated Library
System
04/01/2004 - Resolution No. 9(2004) Article IV, Section A.l .b, name change - Agriculture
and Extension Committee; and
Article IV, Section A.3.f , Land and Water
Conservation Committee as separate committee
04/01/2004 - Resolution No. 10(2004) Article IV, Section D, participation in the River
Country Resource Conservation and Development
Council
04/01/2004 - Ordinance No. 656(2004) Article I, Self-Organized County
09/21/2004 - Resolution No. 028(2004) Article I, Article II, Article IV, Article V, Article VI,
and' Addendum - Multiple Changes
10/19/2004 - Resolution No. W2004) Article VI, Section E. - Department Head Vacancy
03/15/2005 -Resolution No. 7(2005) Addendum - County Surveyor
05/17/2005 - Resolution No. 13(2005) Addendum - name change - Information Technology
05/17/2005 -Resolution No. 14(2005) Addendum - name change - Building Services
05/17/2005 - Resolution No. 15(2005) Addendum - name change - Human Resources
01/17/2006 - Resolution No. 3(2006) Article-V; Section B, 3. Consent Agenda, 4. Rezonings
03/21/2006 - Resolution No. 9(2006) Article V, Section C. 1. -Addressing the Board
03/21/2006 -Resolution No. 10(2006) Article V, Section A. 2. - Mailing of Board meeting
items
03/21/2006- Resolution No. 11(2006) Article VI, Section C. 4. - WCA Annual Meeting
03/21/2006 -Resolution No. 12(2006), Article VI, Section C. - Per Diems
03/21/2006 -Resolution No. 13(2006) Article VI, Section E. - Department Head Vacancy
03/21/2006 -Resolution No. 15(2006) Article IV, Section A. 3. b. - Remove Personnel
Committee
Article IV, Section E - Special or Ad hoc Committees
Addendum - Remove Personnel Committee, add
language to Finance Committee description
04/12/2006 - Resolution No. 23(2006) Article V, Section B. 11. - Concerning Signatures on
Resolutions and Ordinances
09/18/2007 - Resolution No. 29(2007) Article VI, Section F. Multiple Employment Positions
Policy (Department Heads)
11/06/2007 -Resolution No. 36(2007) Article V, Section B. 7. County Board minutes
03/18/2008 -Resolution No. 12(2008) Article IV, Section A.31 and Addendum - name
change Council on Aging and Disabilities, committee
member makeup and duties
05/08/2008 -Resolution No. 20(2008) Article III, Section D. Board Chair Compensation
07/15/2008 -Resolution No. 23(2008) Addendum - add Administration Committee serves as
Ethics Board
08/19/2008 - Resolution No. 28(2008) Article IV, Section A.3.g. - Substance Abuse
Committee
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03/06/2012 COUNTY BOARD MEETING DRAFT
03/16/2009 -Resolution No. 5(2009) Article III, Section E. 2. c. - Vice Chair duties;
Article IV, Section D. - Remove Information Services
Committee; Article V, Section B. 2. - punctuation;
Article V, Section C. 7. - wording change
03/16/2009 -Resolution No. 6(2009) Addendum - add Substance Abuse Committee
04/21/2009 -Resolution No. 11(2009) Article V, Section B. 7. - County Board
Minutes/Proceedings
10/20/2009 - Resolution No. 37(2009) Article III, Section D. Board Chair Compensation
01/19/20 10 - Resolution No. 6(2010) Rewritten to reflect new structure of 19-member Board
04/20/2010 - Resolution No. 13(2010) Article V, Section B. 1. b. - Council on Aging and
Disabilities governing board of ADRC
06/09/2010 - Resolution No. 21(2010) Article VIII, Section E. 2. - Remove Mileage and Per
Diem Report from Agenda
08/17/2010 - Resolution No. 24(2010) Article VII, Section A. 2. e. - Land Information
Advisory Council
09/29/2010 - Resolution No. 29(2010) Article VIII, Section A. 1. - County Board meeting date
and Article VIII; Section D. - mailing deadline &
process
12/05/2010 - Resolution No. 3 8(2010) Article V, Section B. 2. b. - Restructuring the
Substance Abuse Subcommittee
06/07/2011 -Resolution No. 44(2011) Articles II, IV, VI, VII, VIII - Reflecting the change
from Administrative Coordinator to County
Administrator form of government
09/06/2011 -Resolution No. 70(201 I~ Article IX, Section A.3.a. - County Administrator to
appoint members to Board of Adjustment
31
-ADDENDUM I
RULES GOVERNING
ST. CROIX COUNTY
BOARD OF ADJUSTMENT
Adopted on July 28, 1994
Last Revised on January 28, 2010
TABLE OF CONTENTS
ARTICLE I. GENERAL PROVISIONS
ARTICLE II. OFFICERS AND DUTIES
ARTICLE III. MEETINGS
ARTICLE IV. POWERS AND DUTIES OF THE BOARD
ARTICLE V. APPLICATIONS AND APPEAL PROCEDURES
ARTICLE VI. PROCEEDINGS ON HEARINGS
ARTICLE VII. DECISIONS OF THE BOARD
ARTICLE VIII. REFILINGS AND REHEARINGS
ARTICLE IX. AMENDMENT OF RULES
ARTICLE X. ANNUAL REPORT
ARTICLE XI. STAFF
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RULES AND BY-LAWS GOVERNING COUNTY BOARD OF ADJUSTMENT
ARTICLE I. GENERAL PROVISIONS
SECTION 1. AUTHORITY
The Board of Adjustment is established pursuant to Wisconsin Statutes § 59.694. The Board of
Adjustment is an independent decision-making body not subject to County Board control. The
Board of Adjustment shall act in a fair and impartial manner, without bias or prejudice, and
render its decisions based on law, facts and rational analysis. A copy of these rules shall be filed
with the County Clerk to be kept as a permanent public record. Copies of the rules shall also be
available to the public. These rules are supplementary to the provisions of the zoning ordinances
of the County as they relate to the procedures of the Board of Adjustment.
SECTION 2. TITLE
The official title of this Board is the St. Croix County Board of Adjustment.
SECTION 3. MEMBERS AND TERMS
A. The Board of Adjustment shall consist of 5 members - at least I but not more than
2 supervisors and the balance citizen members. The Chair of the County Board
shall appoint the members with the approval of the County Board for terms of 3
years beginning on the date of the first Board of Adjustment meeting following
County Board approval at its May meeting each year. If members cannot be
appointed at the May County Board meeting, members shall serve until their
successors are appointed. The terms shall be staggered so that one or two terms
expire each year.
B. If a supervisor member of the Board of Adjustment is not re-elected to the County
Board and the term he/she is serving on the Board of Adjustment does not expire
in the year the County Board term begins, a vacancy will be deemed to have
occurred on the Board of Adjustment and another supervisor will be appointed to
serve the remainder of the term.
C. Any vacancy on the Board of Adjustment shall be filled for the remainder of the
team in the same manner as appointments are made.
D. All members of the Board of Adjustment shall reside within unincorporated areas
of the County and no 2 members shall reside in the same town. Members of the
Community Development Committee, the agriculture and extension education
committee or the land conservation committee shall not serve on the Board of
Adjustment.
SECTION 4. CONFLICTS OF INTEREST
Any member of the Board, who has any direct or indirect interest, personal or financial, in a
matter before the Board shall not vote thereon or participate in the deliberation of such matter at
any meeting or hearing at which said matter is under consideration. A disqualifying conflict of
interest shall be deemed to exist when: (1) the Board member is the applicant or spouse of the
applicant, or is related to the applicant within the third degree of consanguinity, or is the husband
or wife of someone so related; or (2) the applicant is the employer, employee or partner of the
3
member or is a corporation in which the member is a major shareholder or has a major financial
interest; or (3) the member owns property within 300 feet of the property which is the subject of
the application.
SECTION 5. LIMITATIONS
Nothing herein shall be construed to give or grant to the Board, the power or authority to alter or
change the zoning ordinances or zoning or other official maps of the county, which authority is
reserved to the County Board of Supervisors.
SECTION 6. BOARD'S OFFICE
The office of the board shall be located at the St. Croix County Planning and Zoning Department.
All records of the Board shall be available for public inspection between the hours of 8:00 a.m.
and 5:00 p.m. Monday through Friday, except for. legal holidays.
ARTICLE H. OFFICERS AND DUTIES
SECTION 1. OFFICERS
The Board shall elect a Chairperson, Vice-Chairperson, and Secretary from among its members at
the annual organizational meeting. These officers shall hold office for one year, or until their
successors are elected. The Board may, at any meeting or hearing, elect from among the
membership the replacement for an officer who dies or for whatever reason is unable.to perform
the duties of his office. The officer, so elected as a replacement, shall serve until the next
organizational meeting of the Board.
SECTION 2. DUTIES OF OFFICERS
The Chairperson, if present, otherwise the Vice-Chairperson, shall preside over and direct the
conduct of all meetings and hearings of the Board and may administer oaths and compel the
attendance of witnesses. In the absence of both the Chairperson and the Vice- Chairperson, the
members shall appoint a chair. The Chairperson shall report on all official transactions that have
not otherwise come to the attention of the Board. The Chairperson shall, subject to these rules and
further instructions from the Board, direct the official business of the Board, supervise the work
of the Board and request necessary help when required. The Chairperson or the presiding
officer, subject to these rules, shall decide all points of procedure or order, unless otherwise
directed by a majority of the members in attendance on motion duly made and approved.
The Secretary shall record and maintain permanent minutes of the Board's proceedings, showing
the vote of each member upon every question, or if absent or failing to vote, indicating that fact,
shall keep records of its official actions, shall summarize accurately the testimony of those
appearing before the Board and keep a verbatim recording of all hearings, shall record the names
and addresses of all persons appearing before the Board in person, or by attorney, and shall,
subject to the Board and Chairperson, conduct the correspondence of the Board and have
published in a local newspaper public notices of meetings or hearings as required by law and
these rules of procedure; shall file said minutes and records in the office of the Board, which
minutes and records shall be a public record, and shall be the custodian of the files of the Board
and keep all records. County staff shall assist the. Secretary of the County Board of Adjustment in
performing these clerical duties.
4
The County Corporation Counsel, or his/her designated representative, shall be the legal
counsel for the Board. Advice of counsel shall be received and entered in the minutes before
disposition of any question of law or matter requiring legal interpretation or advice.
ARTICLE M. MEETINGS
SECTION 1. TIME: HOW CALLED
Meetings and hearings of the Board shall be held, or may be cancelled at the call of the Chair and
at such other time as the Board may determine, provided that all board members are notified by
the Secretary at least 48 hours prior to such meeting. All meetings shall be open to the public and
in accordance with the Open Meeting Law. Hearings shall be advertised as required by law and
these rules.
SECTION 2. QUORUM
A quorum shall consist of a majority of all members of the Board and no action may be taken
except by a majority vote of such quorum, except a lesser number may meet and adjourn any
meeting duly called and noticed to a time certain.
SECTION 3. ORDER OF BUSINESS
The Chair shall prepare an agenda for each Board meeting, listing the matters of business at all
meetings in the following order:
A. Call to order and roll call.
B. Confirm compliance with the Wisconsin Open Meeting Law and public notice
requirements.
C. Unfinished business.
D. Public hearing (if the meeting includes a public hearing).
E. Public hearing is closed (if the meeting includes a public hearing).
F. Site visits for public hearing requests (if the meeting includes a public hearing).
G. Deliberations on public hearing requests (if the meeting includes a public hearing).
H. New business.
1. Action on the minutes of previous meeting(s).
J. Date of next meeting.
K. Announcements and correspondence.
L. Adjourmnent.
The order of business may be varied from the preceding by consent of the members present.
SECTION 4. ROBERT'S RULES OF ORDER
Robert's Rules of Order shall govern actions of the Board and conduct of its meetings if not
covered by these rules and by-laws or the County zoning ordinances.
5
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ARTICLE IV. POWERS AND DUTIES OF THE BOARD
SECTION 1. GENERAL POWERS
The powers and duties of the Board of Adjustment are identified in Section 59.694 of the
Wisconsin Statutes and in the various zoning ordinances that have been adopted by the County.
The Board shall have the following general powers:
A. To hear and decide appeals where it is alleged there is error in an order, requirement,
decision or determination made by an administrative official in the enforcement of
Wisconsin Statutes 59.69 and 59.692 or of any ordinance enacted pursuant
thereto.
B. To hear and decide special exceptions (conditional uses) to the terms of an ordinance
enacted pursuant to Wisconsin Statutes § 59.69.
C. To authorize upon appeal in specific cases variances from the terms of any ordinance
enacted pursuant to Wisconsin Statutes 59.69 or 59.692 that will not be contrary
to the public interest, where, owing to special conditions, a literal enforcement of the
provisions of the ordinance will result in unnecessary hardship, and so that the spirit
of the ordinance shall be observed and substantial justice done.
D. To grant special exceptions and variances for renewable energy resource systems. If
the board denies an application for a special exception or variance for such a system,
the board shall provide a written statement of its reasons for denying the application.
"Renewable energy resource system" means a solar energy system, a waste
conversion energy system, a wind energy system or any other energy system which
relies on a renewable energy resource.
E. Hear and decide appeals from decisions of the Zoning Administrator on the extension
of structures, buildings or premises devoted to nonconforming. uses.
F. Interpret the zoning district maps.
SECTION 2. SCOPE OF ORDERS
In exercising the powers under Section 1, the Board may reverse or affirm, wholly or partly, or
may modify the order, requirement, decision or determination appealed from, and may make such
order, requirement, decision or determination as ought to be made, and to that end shall have all
the powers of the officer from whom the appeal is taken, and may issue or direct the issuance of a
permit.
SECTION 3. CONDUCT OF MEMBERS AND SUPPORT STAFF
Members of the Board of Adjustment shall not discuss with anyone, including other
members of the board, matters to come before or that are before the board outside of
formal board proceedings. The County Planning and Zoning Department shall provide
neutral staff assistance to the Board of Adjustment in preparing the board's annual budget
and in preparing notices of proceedings, minutes and decisions. The Board of
Adjustment and its individual members shall not have any contact with any Planning and
Zoning Department staff regarding matters to come before or that are before the board
beyond neutral staff assistance in the preparation of budgets, notices, minutes or
decisions, attempt to influence decisions or positions of the Planning and Zoning
Department regarding matters to come before or that are before the board, or discuss with
staff matters to come before or are before the board outside of formal board proceedings.
No Planning and Zoning Department staff shall contact the Board of Adjustment or any
6
of its individual members regarding to matters to come before or that are before the board
beyond providing neutral staff support in the preparation of budgets, notices and
decisions. No Planning and Zoning Department staff shall allow any member of the
Board of Adjustment to have contact with them in an attempt to influence them on
matters to come before or that are before the board or discuss board matters outside of
formal board proceedings.
ARTICLE V. APPLICATIONS AND APPEAL PROCEDURES
SECTION 1. WHO MAY FILE
Applications to the Board and appeals from the Zoning Administrator's decisions shall be filed
with the Zoning Administrator by the applicant or appellant, his/her agent or attorney. Appeals
may be filed by any person aggrieved or by any officer, department, board, or bureau of the
county or town affected by the Zoning Administrator's decision.
The Zoning Administrator shall transmit copies of applications for variances, special exception
permits, and appeals to the affected towns and other agencies with interest and jurisdiction for
review and comment.
SECTION 2. TIME TO APPEAL
Applicants may request a written decision from the Zoning Administrator. Appeals from the
Zoning Administrator's decision must be filed within 30 days after the date of a written decision.
SECTION 3. REQUIRED INFORMATION
Failure of the appellant to supply the required information within 3 0 days of filing of an appeal or
application may be considered by the Board as a failure to comply with application and appeal
procedure and the case may be dismissed for failure of timely filing. Applications or appeals shall
be made on forms provided by the Board or Zoning Administrator. Any communication, except
on prescribed forms, purporting to be an appeal shall be deemed a mere notice of intention to file
and shall not be deemed a filing to comply with requirements of timely filing.
SECTION 4. REASONS TO BE STATED
The reason for the application or appeal must be stated and the reasons why the request should be
approved must also be stated by the applicant or appellant. If a variance is requested, facts should
be stated upon which findings may be made by the Board to justify the granting of the variance.
If a special exception permit is requested, facts should be stated upon which findings may be
made by the Board to justify granting the special exception. If an appeal is based upon an alleged
error or abuse of discretion of the Zoning Administrator, facts should be stated as to the nature
thereof.
SECTION 5. DISMISSAL OF CASE
The Board may refuse to hear a case upon the failure of the applicant or appellant to supply the
required information called for on the forms and as further reasonably required by the Zoning
Administrator.
7
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SECTION 6. OWNERS CONSENT AND REPRESENTATION
The forms shall bear the signature of the owner of the property affected or shall be accompanied
by a letter from the owner acknowledging the filing of the form. An applicant or appellant may
file an appeal or application personally or by an agent or attorney.
SECTION 7. TIIvIE FOR HEARING
Each appeal or application shall be considered by the Board at its next meeting, provided there is
sufficient time between the date of the appeal and the date of the meeting for the required hearing
notices to be published.
SECTION 8. NOTICE OF HEARING
The Secretary of the Board shall give, or cause to be given, notice of each hearing as required by
law and these rules. This shall include at least the following:. 1) publication of a Class 2 hearing
notice in a newspaper of general circulation; 2) mailing a notice of the hearing to the applicant,
and where required to the district office of the Department of Natural Resources at least 10 days
before the hearing; 3) mailing a notice of the hearing to the town board of the town in which the
property is located, not less than one week before the date of the hearing. In addition, when
ordered by the Board, the Secretary shall mail notice to all property owners within 300 feet of the
perimeter of the property affected and shall post hearing notices in at least three public places in
the vicinity of the property affected.
SECTION 9. EFFECT OF APPEAL
An appeal shall stay all proceedings and furtherance of the action appealed from, unless the
Zoning Administrator shall certify to the Board of Adjustment, after the notice for appeal shall
have been filed with him or her, that by reason of facts stated in the certificate, a stay would cause
imminent peril to life or property. In such case, proceedings shall not be stayed, otherwise than
by a restraining order, which may be granted by the Board of Adjustment, or by a court of record
on application and notice to the office from whom the appeal is taken and on due cause shown.
SECTION 10. FEE
The applicant shall pay such fees as may be from time-to-time established by the Planning and
Zoning Committee, which amount shall be deposited with the Planning and Zoning Department
for each application filed before a public hearing will be scheduled.
ARTICLE VI. PROCEEDINGS ON REARINGS
SECTION 1 APPEARANCES, ADJOURNMENTS
At the time of the hearing, the applicant or appellant may appear in his own behalf or be
represented by his counsel or agent. A recess or adjournment of a hearing, made at a noticed
hearing date, to a time and place certain is adequate notice to the members acid the public of a
new hearing date.
SECTION 2. WITNESSES
8
The Chairperson, or Acting Chairperson, may compel the attendance of witnesses and may
require those wishing to testify to state their names and their interests in the matter before the
Board. Testimony may be taken under oath.
SECTION 3. ORDER OF HEARINGS
Hearings on cases shall normally follow this order:
(1) Witnesses register and sign the oath.
(2) Chairperson makes statement of hearing notice.
(3) Staff presents report and recommendations.
(4) Applicant presents evidence.
(5) Supporters present evidence.
(6) Objectors present evidence.
(7) Other interested parties present questions and comments.
(8) The Board may permit staff and applicants to make rebuttals.
SECTION 4. PRELIMINARY MATTERS
Following the staff report and recommendations, the Board may hear arguments on the question
of jurisdiction and request that briefs be filed on the point. The Board may proceed with the
hearing and the taking of testimony in any event and reserve its determination on a jurisdictional
question and render a decision on the merits as if it had jurisdiction. The Board may make an
immediate determination upon a finding that it lacks jurisdiction. If the Board determines by
motion that it lacks jurisdiction, the Secretary shall record the decision as a vote to deny the
request.
SECTION 5. PARTIES NOT TO INTERRUPT
Orderly procedure requires that each side shall proceed without interruption by the other; that all
arguments and pleadings shall be addressed to the Board and that there be no questioning or
arguments between individuals.
SECTION 6. QUESTIONS AND DEBATE
During the hearing, the Chairperson, Board members and members of the staff may ask questions
and make appropriate comments pertinent to the case; however, members shall not debate or
argue an issue with the applicant. The Chairperson and Board members may direct any question
to the applicant or to any person speaking in order to bring out all relevant facts, circumstances
and conditions affecting the case and may call for questions from members of the staff.
SECTION 7. PRESENTATION OF EVIDENCE
All supporting evidence for and against each case shall be presented to the assembled Board. The
applicant or appellant shall be responsible for the presentation of all information supporting
his/her case. The Board may take administrative notice of the ordinances of the County and laws
of the State of Wisconsin and of other relevant facts not reasonably subject to dispute on its own
motion or motion of a party.
Anyone interested in giving an electronic presentation must notify the Zoning Administrator at
least one week in advance of the scheduled hearing date, subject to the following guidelines:
A. The presentation should take no longer than five minutes.
.9
B. The presentation should be limited to graphic images only - such as photos, maps,
drawings, or figures - and should not include large blocks of text or bulleted text that can
be presented orally.
C. At least three full business days prior to the hearing date, the presenter must submit to the
Zoning Administrator 12 hardcopies of the presentation to be filed for the record and
distributed at the hearing as an exhibit, as well as an electronic file of the presentation.
SECTION 8. ADDITIONAL EVIDENCE
The Board may take a case under advisement for later consideration and determination, or may
defer action when it concludes that additional evidence is needed or further study is required.
SECTION 9. POSTPONEMENT OF HEARING
Cases may be postponed only by prior arrangement with the Zoning Administrator if the request
is received in time to publish an amended second notice.
SECTION 10. RULES OF EVIDENCE
The Board shall not be bound by court rules of evidence, but it may exclude irrelevant,
immaterial, incompetent, unduly argumentative or repetitious testimony or evidence.
SECTION 11. CHAIRPERSON TO RULE ON ADMISSIBILITY
The Chairperson shall rule on all questions relating to the admissibility of evidence, which may
be overruled by a majority of the Board present.
SECTION 12. INTERESTED PERSONS MAY TESTIFY
Persons having an interest in the case may attend the hearing and may request an opportunity to
testify provided they identify themselves and sign the list of persons attending the hearing. All
testimony shall be under oath.
SECTION 13. RECORD OF HEARING
All proceedings at a hearing shall be recorded. The Secretary shall prepare a summary of
motions, witnesses, appearances, roll call, votes and all other matters constituting the substance of
the proceedings which shall be submitted to the Board for review at its next meeting and when
approved shall become part of the written record filed in the office of the Board and open to the
public. Transcripts of recorded proceedings shall not be prepared unless ordered by the circuit
court by a writ of certiorari. Any party or member of the public may make a record of the
proceedings by any means that does not disturb the hearing or others present.
SECTION 14. ADJOURNMENTS
When all appeals or applications cannot be disposed of on the day set, the Board may recess from
day to day or to a day certain, as it may order, and such recessed day shall be construed as a
continuance of the hearing. Notice of such recess shall be given to the absent members of the
Board.
SECTION 15. WITHDRAWAL OF APPEAL OR APPLICATION
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An appellant or applicant may withdraw an appeal or application at any time prior to the decision,
but a pending motion to approve or deny the appeal or application shall have precedence over
withdrawal. Withdrawal of the appeal shall not entitle the appellant or applicant to remission of
the filing fee.
ARTICLE VIL DECISIONS OF THE BOARD
SECTION 1. MAJORITY VOTE REQUIRED
The concurring vote of a majority of all members of the Board shall be necessary to reverse any
order, requirement, decision, or determination of any administrative official, to decide in favor of
the applicant on any matter upon which it is required to pass under zoning ordinance or to effect
any variance.
SECTION 2. FINDINGS AND DECISIONS TO BE WRITTEN
In acting on any matters before it, the Board shall make findings supporting its actions. All
decisions shall be in writing and contain the facts and findings upon which the decisions are
based.
SECTION 3. DECISIONS TO BE MAILED
Within 30 days of the close of the hearing to which the decision relates, written copies of such
decision shall be mailed to the applicant and all interested parties and delivered to the Zoning
official. The approval or granting of appeals by the Board is deemed to constitute an order to the
zoning official to issue a zoning permit. A denial of the application or appeal by the Board is
deemed to be an order to deny the permit. Copies of written decisions authorizing special
exceptions or variances in Floodplain or exclusive-agricultural district shall also be mailed to the
Wisconsin Department of Natural Resources and the Wisconsin Department of Agriculture, Trade
and Consumer Protection, respectively.
SECTION 4. DISQUALIFICATIONS: MOTIONS
A member may disqualify himself/herself from voting whenever the member has a personal or
monetary interest in the property concerning the case, will be directly affected by the decision of
the Board, has or believes he/she has any conflict of interest under State statutes. A member may
also disqualify himself/herself from voting whenever the applicant or the applicant's agent has
sought to influence the vote of the member on his/her case outside the public hearing. All
decisions of the Board shall be made at a public meeting, by motion made, seconded and passed.
A motion that decides the issue shall be based on findings of fact and shall contain the reasons for
the findings by the Board. If conditions are imposed in the granting of a variance, or special
exception, such conditions shall be included in the motion.
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SECTIONS. DECISION TO RELATE TO SPECIFIC PROPERTY
The decision of the Board shall be deemed as applying to the property rather than to the
individual and is valid only for the specific premises in the case and is not transferable to other
properties.
SECTION 6. INFORMAL ADVICE NOT BINDING
No informal request for advice on moot questions need be given by the Board. Any advice,
opinion or information give by any Board member, the Board Secretary, or any other official or
employee of the County shall not be binding on the Board.
SECTION 7. CASES TO BE DETERMINED INDIVIDUALLY
No action of the Board shall set a binding precedent. Each case shall be decided upon its merits
and upon the attendant circumstances, provided the Board shall not act arbitrarily or capriciously.
SECTION 8. ORDER FOR PERMIT VALID FOR ONE YEAR
An order issued by the Board requiring a Zoning official to issue a permit shall become void after
one year unless the applicant or appellant shall have filed an application for such permit with the
zoning official within such time, provided that the time may be extended when so specified by the
Board.
SECTION 9. DECISIONS TO BE FILED WITH STATE
Decisions on floodplain and shoreland-wetland zoning appeals, variances and conditional uses
shall be sent to the district office of the Wisconsin Department of Natural Resources. Decisions
granting variances or exceptions in exclusive-agricultural district shall be sent to the Wisconsin
Department of Agriculture, Trade and Consumer Protection.
SECTION 10. ACTION IN CIRCUIT COURT
Any person or persons jointly or severally aggrieved by any decision of the Board of Adjustment,
or any taxpayer, or any officer, department, board or bureau of the County may commence an
action in the circuit court for writ of certiorari to review the. legality of such decision in whole or
in part, within thirty days after the filing of the decision in the office of the Board.
ARTICLE VIII. REFILINGS AND REHEARINGS
SECTION 1. ONE YEAR REFILING RULE
No matter which has been acted upon by the Board shall be considered again within one year
from the date of action, except as hereinafter provided.
SECTION 2. EXCEPTION TO ONE YEAR RULE
The Board may hear cases within said one year period concerning the same property only when:
(a) The case does not involve a request for an identical permit or does not allege the same
misinterpretation or error, point of non-coverage or hardship as the previous case, or when (b) the
case does not contain the original request for specific variance, or when (c) substantial change in
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the use of adjacent property has occurred since the previous case was heard, or if (d) the previous
case was closed without a hearing because the applicant was not present at the time such case was
scheduled for a hearing.
SECTION 3. REOPENINGS AND REHEARINGS LIMITED
The Board may not: (a) reopen any case upon which a previous hearing has been held, except to
correct a manifest error, but it may reconsider a case as provided by these rules; or (b) hear or
rehear any case to determine the location of any district boundary line where the Board has
previously determined the location of such boundary line, unless new evidence is submitted.
SECTION 4. CLOSURE OF CASE
A case will be considered as heard and closed at such time as the Board approves or rejects an
application or appeal by motion or when it is considered closed by operation of these rules.
SECTION 5. RECONSIDERATION ON BOARD MOTION
A decision of the Board may be reconsidered: (a) by motion to reconsider made at the same
meeting which may be immediately disposed of without further notice, or (b) by motion to
reconsider made not later than the following regular meeting, in which event, the matter shall be
placed on the calendar for a subsequent hearing and a new notice given without additional fee.
SECTION 6. RECONSIDERATION BY REQUEST
The Board may entertain a request for reconsideration by a party interested provided the request
is in writing and new written evidence is submitted with the request. On receipt of a properly filed
request to reconsider, the Secretary shall place the matter on the next agenda under "Other
Business" for consideration at the next regular meeting. A request for reconsideration must be
filed with the Secretary at least 15 days prior to the next regular meeting date.
SECTION 7. RECONSIDERATION TOLLS APPEAL PERIOD
The filing of a request or adoption of a motion for reconsideration shall stop the running of the
30-day period in which a petition to the circuit court must be made. The 30-day period will run in
such event from the date a decision not to reconsider is made by the Board, or if the matter is
reconsidered, from the date the decision on the reconsidered matter is filed in the Board's office.
SECTION 8. PROCEDURES FOR RECONSIDERATION
A simple majority vote shall be sufficient to reconsider a previous decision. If reconsideration is
refused to an interested party who has requested reconsideration, the Board shall enter on the
minutes the basis of the request, the reason why it was refused and the vote of the Board members
thereon. If reconsideration is approved, the case will be placed on the agenda for the next regular
meeting and notice given of the re-hearing as required for an original hearing upon payment of
the re-hearing fee.
ARTICLE IX. AMENDMENT OF RULES
These rules may be changed or amended from time to time by a majority vote of the Board of
Adjustment at any regular or special meeting.
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ARTICLE X. ANNUAL REPORT
Annually on a date specified by the County Board, the Board of Adjustment shall submit a report
of its activities during the preceding year to the County Planning and Zoning Committee for
transmittal to the County Board.
ARTICLE M. STAFF
The Board of Adjustment may utilize the advice and assistance of County employees and may
delegate administrative tasks to such employee as authorized by the County Board of Supervisors.
The foregoing rules and regulations are hereby adopted by the Board of Adjustment for the
County of St. Croix on the 28th day of July, 1994.
The foregoing rules and regulations are hereby amended by the Board of Adjustment for the
County of St. Croix on the 28th day of December, 2006.
The foregoing rules and regulations are hereby amended by the Board of Adjustment for the
County of St. Croix on the 25th day of January, 2007.
The foregoing rules and regulations are hereby amended by the Board of Adjustment for the
County of St. Croix on the 23rd day of February, 2007.
The foregoing rules and regulations are hereby amended by the Board of Adjustment for the
County of St. Croix on the 26th day of April, 2007.
The foregoing rules and regulations are hereby amended by the Board of Adjustment for the
County of St. Croix on the 28th day of June, 2007.
The foregoing rules and regulations are hereby amended by the Board of Adjustment for the
County of St. Croix on the 28th day of January, 2010.
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