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 Village of Menomonee Falls, Wisconsin

BOARD OF TRUSTEES SPECIAL MEETING

MINUTES

Thursday, May 23, 2019


 
             
Village President David Glasgow called the meeting to order at 6:00 p.m.
 
Present:
Village President David Glasgow; Trustee Katie Kress; Trustee Randy Van Alstyne; Trustee Jeremy Walz; Trustee Steve Taggart; Trustee Paul Tadda
Absent:
Trustee Tim Newman
Staff Present:
Village Manager Mark Fitzgerald; Village Attorney Michael Morse; Village Clerk/Treasurer Janice Moyer
             
Business

Direct the Village Attorney to draft the required revisions to the Village Ordinances to accomplish the following:
 
All offices held by citizen appointees to commissions, boards and committees shall be considered vacant when the term expires for that office.  This ordinance shall be retroactive to April 1, 2019.
 
The Village attorney shall present drafts to the Village Board for possible approval at the regular schedule Board meeting on June 3, 2019.

Appearances:  Trustee Paul Tadda and Trustee Katie Kress

The following comments were made:

Trustee Tadda stated that he and Trustee Kress put together this and the other two requests for this meeting. As to this request, Trustee Tadda stated that the intent of the requested action is to change the current statutory presumption that citizen members of Village boards, committees and commissions whose terms have expired remain in office until their successors have been appointed and qualified. Instead, those offices should be considered vacant when the term expires.

The Village Attorney presented his opinion on this request, on the request to modify Village ordinance Section 2-45 [Committees]; and on the request to revise Village ordinances to make all citizen appointments subject to appointment by the village board instead of the village president. As part of the presentation, the Village Attorney gave each trustee a binder containing statutes or ordinances he would be discussing.

As to this request, the Village Attorney’s comments were as follows:
  • Wis. Stats. § 61.23 states that persons in appointive offices shall serve until their respective successors are appointed and qualify unless otherwise provided by ordinance.
  • Whether this gives the village board authority to adopt an ordinance ending the statutory holdover presumption for citizen members of particular boards, committees or commissions will depend on whether specific statutes applicable to particular boards, committees or commissions indicate that the state legislature has withdrawn this authority for the particular board, committee, or commission.
  • During the Village Attorney’s presentation on the topic of the request to revise Village ordinances to make all citizen appointments subject to appointment by the Village Board instead of the Village President. The Village Attorney also presented his opinion concerning whether the Village Board had authority to adopt an ordinance making offices held by citizen appointees to particular commissions, boards and committees be considered vacant when the term expires for that office.
  • While he did not have time to research the issue prior to the May 23 meeting, the Village Attorney raised a concern that an ordinance that is retroactive to April 1 may be challenged as to those appointed officials whose terms have already expired and who are currently holding over, and therefore may not valid.
  • Boards, commissions and committees reviewed included: Architectural Control Board,  Board of Review, Community Development Authority, Business Improvement District Board Library Board, Park Board, Plan Commission, Police and Fire Commission, Tourism Commission,  Zoning Board of Appeals.
  Motion by Trustee Paul Tadda, second by Trustee Katie Kress to direct the Village Attorney to draft an ordinance revising the Plan Commission ordinances to make offices held by citizen appointees to the Plan Commission become vacant when the term expires for those offices.
  Vote: 5 - 1 Motion Carried
 
Nay: Trustee Randy Van Alstyne
             
Modify the Village Ordinances as shown below:

Sec. 2-45. - Committees.
(a)  Appointments.  At any board meeting held after the third Tuesday in April, the president shall appoint three trustees to each of the following committees:
(1) General government.
(2) Utilities and public works.
(b)  Designation of chair.  The president shall designate the chair of standing committees.  He shall appoint all special committees and designate the chair of each.  All committee appointments except including the designation of chair shall be subject to confirmation by a majority vote of the board.
(c)  Village president.  In addition to any other powers or duties conferred on the village president by ordinance or statute, the village president shall be a permanent alternate member of any standing or special committee of the village board.  If any regular member of such a committee is absent from or otherwise unable to attend any meeting of that committee, upon the request of the committee chair, the village president shall have the power to vote, act and be counted towards a quorum in any action of such committee. 


Appearances:  Trustee Paul Tadda and Trustee Katie Kress

The following comments were made:

Trustee Tadda and Trustee Kress explained the proposed change to Village Ordinance Sec. 2-45, and why they believed this change was needed. A number of trustees also spoke on this item.

As to this request, the Village Attorney informed that Board that it was his opinion that the Village Board has the authority to change the Village Ordinance Sec. 2-45 to require Village Board approval of the Village President’s designation of the committee chairs; and that this could be accomplished by adopting an ordinary ordinance to make the requested change.
  Motion by Trustee Paul Tadda, second by Trustee Katie Kress to direct the Village Attorney to draft an ordinance revising Sec. 2-45 of the municipal code to require confirmation by the Village Board of chairperson appointments to the standing committees.
  Vote: 4 - 2 Motion Carried
 
Nay: Village President David Glasgow
  Trustee Randy Van Alstyne
             
Direct the Village Attorney to draft the required revisions to the Village Ordinances to accomplish the following:

Make the selection of officers be by "Appointment of the Village Board" in accordance with State Statute 61.197 (1) (c)

The Village attorney shall  present drafts to the Village Board for possible approval at the regular schedule Board meeting on June 3, 2019.


Appearances:  Trustee Paul Tadda and Trustee Katie Kress

The following comments were made:

Trustee Tadda and Trustee Kress explained the request and why they believed the requested changes was needed. A number of trustees also spoke on this item.

As to this request, the Village Attorney reviewed the following boards, commissions and committees: Architectural Control Board, Board of Review, Community Development Authority, Business Improvement District Board, Library Board, Park Board, Plan Commission, Police and Fire Commission, Tourism Commission, Zoning Board of Appeals; discussing the state laws and village ordinances applicable to each. Based on his analysis of these statutes and ordinances, he also gave his opinion whether he believed the Village Board had the authority to make the requested change as to each of these boards, committees or commissions. The Village Attorney also answered questions from trustees as part of his presentation.

Various trustees also discussed this item.
  Motion by Trustee Paul Tadda, second by Trustee Katie Kress to direct the Village Attorney to draft an ordinance requiring the appointment of citizen members to the Plan Commission by the Village Board.
  Vote: 4 - 2 Motion Carried
 
Nay: Village President David Glasgow
  Trustee Randy Van Alstyne
  The village board asked Attorney Morse to present the ordinances for adoption at the June 3 regular meeting.
  Attachments:
  May 21, 2019 Letter from Trustees Tadda and Kress
 
             
Adjournment
  Motion by Trustee Jeremy Walz, second by Trustee Katie Kress to adjourn the meeting.
  Vote: 6 - 0 Motion Carried
  The Village Board adjourned at 7:56 p.m.
             
Minutes transcribed by Janice Moyer, Village Clerk/Treasurer
Minutes approved on July 15, 2019.

    

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