ACTION RE: ORDINANCE 2025-05, AMENDING CHAPTER 5, ADMINISTRATION OF GOVERNMENT, SECTION 5-9, BOARDS, COMMISSIONS, AND COMMITTEES, OF THE VILLAGE OF ALLOUEZ MUNICIPAL CODE (T. Fuller)

Agenda Item Number _____5______ Memo To: Village Board Fr: Trevor Fuller, Director of Planning & Community Development Re: ACTION RE: ORDINANCE 2025-05, AMENDING CHAPTER 5, ADMINISTRATION OF GOVERNMENT, SECTION 5 -9, BOARDS, COMMISSIONS, AND COMMITTEES, OF THE VILLAGE OF ALLOUEZ MUNICIPAL CODE Date: 11 July 2025 Background: The Village Board approved Resolution 2025-12, creating the Community Development Authority (CDA) of the Village of Allouez, at the May 20, 2025 meeting. The next step is to amend Chapter 5 of the Village of Allouez Municipal Code, including the CDA as a standing body of the Village of Allouez. Wisconsin Statutes §66.1335 outlines clear tasks for the CDA, but provides municipalities broad discretion with how to set-up the body. Resolution 2025-12, specifically restricts a Community Development Authority from having eminent domain authority, but was not specific on issues such as acquisition of property, sale of property, and entering into development agreements. Wisconsin Statutes §66.1335 permits a CDA to have this authority. Chapter 5 should outline the limitations the Village Board would like to place on the CDA. See proposed Ordinance 2025-05. Staff review & recommendation: Staff recommends adopting Ordinance 2025-05. Requested action: The Village Board is asked to adopt Ordinance 2025-05, identifying the parameters of the Community Development Authority of the Village of Allouez. ORDINANCE NO. 2025-05 AN ORDINANCE 2025-05, AMENDING CHAPTER 5, ADMINISTRATION OF GOVERNMENT, SECTION 5-9, BOARDS, COMMISSIONS, AND COMMITTEES, OF THE VILLAGE OF ALLOUEZ MUNICIPAL CODE SECTION 1. THE VILLAGE BOARD OF THE VILLAGE OF ALLOUEZ, BROWN COUNTY, WISCONSIN, DOES ORDAIN THAT SECTION 5-9 BE AMENDED TO READ AS FOLLOWS: § 5-9. Boards, commissions and committees. A. Definitions. As used in this section, the following terms shall have the meanings indicated: (1) AUTHORITY – A board. See subsection 5-9(A)(2). (2) BOARD — A permanent body of the Village whose members are officially appointed and em- powered to perform certain acts of a public nature and to exercise designated governmental functions. When used in this section, the term "board" shall not include the Village Board. (3) COMMISSION — A board. See subsection 5-9(A)(2). (4) COMMITTEE — An official body of the Village to which has been delegated particular duties which are to be performed in the expectation that such acts will be confirmed by the Village Board, or that its recommendations and advice will be of aid and assistance to the Village Board in determining what acts and functions the Village should perform. B. Creation. The following boards, commissions and committees are created to perform such duties as required by the Wisconsin Statutes, rules and regulations, the Village ordinances, and as deter- mined by the Village Board from time to time: [Amended 3-15-2011; 12-4-2012; 5-6-2014] (1) Village Plan Commission is established under the provisions of § 62.23(1), Wis. Stats., and hereby vested with such authority as specified in state statutes. (2) Parks, Recreation and Forestry Committee. (3) Public Works Committee. (4) 3Board of Appeals. (5) Board of Review. (6) Ethics Board. (7) Community Development Authority is established under the provisions of § 66.1335, Wis. Stats., and hereby vested with such authority as specified in state statutes. (8) Historic Preservation Commission. C. Appointments. Members of such committees, boards and commissions shall be appointed to regu- lar terms by the Village President subject to confirmation by the Village Board at a meeting held after the spring election and prior to May 1 of the calendar year i n which the term is to begin. Regular terms shall commence on May 1 and end April 30 and be of such length as hereinafter provided. In the event of a vacancy during a term, an appointment for the remainder of the term shall be made by the Village President subject to confirmation by the Village Board. Members may be reappointed, except that no person shall serve, or be appointed to a term for which he would become eligible to serve, for a period which shall exceed 10 consecutive years unless the person holds such membership by reason of his or her elected public office or his or her employment by the Village or is otherwise reappointed by the Village Board. Reappointments which exceed the ten-year maximum shall be made only when qualified replacements are not available and shall be for one-year terms. One -year reappointments shall not be made for more than five consecutive years. Qualified applicants who have not served for 10 consecutive years should be appointed be- fore extensions are granted. All appointmen ts shall take into consideration the qualifications for members of the specific committee, board or commission, as established by the Village Board from time to time. All members of committees, boards and commissions shall serve at the pleasure of the Village Board. D. Committees and commissions. (1) Village Plan Commission. (a) The Village Plan Commission shall consist of six regular members and three alternate members, none of whom shall hold any other public office in the Village, and one Village of Allouez Trustee. Regular and alternate members shall be appointed for three -year terms, except that initial appointments of the alternate members shall be for one three - year term, one two-year term, and one one-year term. (b) Each year, the Village President shall designate one of the alternate members as "first alternate," one as "second alternate" and the other as "third alternate." The first alternate shall act with full power only when a member of the Village Plan Commissio n refuses to vote because of interest or when a member is absent. The second alternate shall so act only when the first alternate so refuses or is absent or when more than one regular mem- ber of the Commission so refuses or is absent. The third alternate shall so act only when the first and second alternates refuse to vote or are absent or when more than two regu- lar members of the Commission refuse to vote or are absent. (c) Four members of the Village Plan Commission shall constitute a quorum. If there is not a quorum present, the fact shall be entered on the journal, and the Commission may ad- journ. At least four members of the Commission must vote on all matters, exclusive o f abstentions; a majority vote of all members electing to vote shall be necessary for passage or approval of any matter before the Commission. (2) The Parks, Recreation and Forestry Committee shall consist of six regular members, none of whom shall hold any other public office in the Village, and one Village of Allouez Trustee. Ap- pointments for the six regular members shall be for three -year terms. T he appointment for the Village of Allouez Trustee shall be made annually along with the appointments of the other Village Trustees who serve on committees/boards/commissions. (3) The Public Works Committee shall consist of two Board members and three citizen members, with the Village Administrator and Public Works Director serving as staff liaisons to the Com- mittee. The Board members shall be appointed annually for a one-year term. Citizen members can be appointed for three-year terms, except that initial appointments shall be for one three- year term and one two-year term. (4) Community Development Authority. (a) Appointment of Authority. [1] The Community Development Authority shall consist of five citizen members and two Trustees. All members shall be adult residents of the Village of Allouez interested in civic affairs with recognized experience and qualifications. [2] All members of the Community Development Authority shall be appointed by the Village President and confirmed by the Village Board. The citizen members shall each serve four- year terms in staggered fashion. The two (2) Trustee members shall annually be appointed at the Village Board's organizational meeting. [3] The initial appointments of the five (5) non -Village Board of Trustees commissioners shall be for the following terms: two (2) commissioners for one (1) year, and one (1) commissioner each for terms of two (2), three (3) and four (4) years. Thereafter, t he terms of the non -Village Board of Trustees commissioners shall be four (4) years and until their successors are appointed and qualified. [4] Vacancies on the Community Development Authority shall be filled for the un- expired term in the same manner as the appointment for the full term. (b) General powers and duties. [1] The Authority shall exercise all powers conferred, except that of eminent domain, and perform all duties imposed by state statute and local ordinance of the Village Board and shall perform such further and other duties as may properly from time to time be required by the Village Board. [2] Specific action related to the following powers shall be subject to review and approval by the Village Board: • Acquisition of land. • Issuance of debt, except for purely conduit debt. • Entering into development agreements. • Sale of land. (5) The Economic Development Committee shall consist of six regular members and three alter- nate members, none of whom shall hold any other public office in the Village, and one Village of Allouez Trustee. Regular members shall be appointed to three -year terms, except that ini- tial appointments shall be for two three -year terms, two two -year terms, and two one -year terms. Alternate members shall be appointed to three-year terms, except that initial appoint- ments shall be for one three -year term, one two -year term, and one one -year term. The ap- pointment for the Village of Allouez Trustee shall be made annually along with the appoint- ments of the other Village Trustees who serve on committees/boards/commissions. [Amended 12-16-2014 by Ord. No. 2014-26; 5-2-2017 by Ord. No. 2017-05] (6) The Historic Preservation Commission shall consist of six regular members, none of whom shall hold any other public office in the Village, and one Village of Allouez Trustee. Of the mem- bership, if available in the community, one shall be a registered archi tect and one shall be a licensed real estate broker. Each member shall have, to the highest extent possible, a known interest in historical preservation. Appointments for the six regular members shall be for three- year terms, except that initial appointments shall be for two three-year terms, two two- year terms and two one-year terms. The appointment for the Village of Allouez Trustee shall be made annually along with the appointments of the other Village Trustees who serve on committees/ boards/commissions. (7) The Village Board may create such other advisory or ad hoc committees, for such period of time, for such purposes, and of such size, as it shall determine from time to time. Any appoint- ments to such committees shall be made by the Village President subject to confirmation of the Board. E. Boards. (1) The Board of Appeals shall consist of five regular members and three alternate members. Reg- ular members shall be appointed to three -year terms, except that initial appointments shall be for two three-year terms, one two-year term and two one-year terms. Alternate members shall be appointed to three-year terms, except that initial appointments shall be for one three- year term, one two-year term and one one-year term. (2) The Board of Review shall consist of five regular members, none of whom shall hold any other public office in the Village, and the Clerk-Treasurer who shall be a nonvoting member and act as Secretary to the Board. Regular members shall be appointed to two-year terms, except that initial appointments shall be for two two-year terms and three one-year terms. (3) The Ethics Board shall consist of five regular members, a first alternate member, and a second alternate member, none of whom shall hold any other public office in the Village. Regular members shall be appointed to three-year terms, except that initial appointments shall be for two three-year terms, one two -year term, and two one -year terms. Alternate members shall be appointed to two -year terms, with the first alternate being appointed in odd -numbered years and the second alternate being appointed in even -numbered years, except that the ini- tial appointment of the second alternate shall be for a one -year term in an odd -numbered year. If a regular member cannot sit or act on a matter, the first alternate member shall take the regular member's place for that m atter. If a second regular member or the first alternate member cannot sit or act on a matter, the second alternate member shall take the place of the regular or first alternate member for that matter. The Ethics Board is authorized to hold hear- ings and to act on matters if a quorum of three members, either regular or alternate, is present. F. Miscellaneous. (1) Each committee, board and commission shall elect its chairperson annually at its first regular meeting held after April 30. No person shall be elected or act as chairperson for more than two consecutive years, but such person may act as chairperson for mor e than two years dur- ing his tenure of all terms he or she may serve on such committee, board or commission. (2) Written notice of the time, place and purpose of a meeting of a committee, board or commis- sion shall be filed with the Clerk -Treasurer at least 72 hours before it is held. All meetings shall comply with the notice and other requirements of the Wisconsin Open Meeting Law.4 (3) Any committee, board or commission may request any Village officer to confer with it and supply information needed in connection with any matter pending before it. Every such re- quest shall be in writing furnished to the appropriate officer, with a copy to the Clerk-Treas- urer, at least 72 hours before the expected return or meeting date. SECTION 2. All ordinances or parts of ordinances, in conflict herewith are hereby repealed. SECTION 3. This ordinance shall take effect upon its adoption and publication. Approved and adopted this 15th day of July, 2025. ________________________________________ James F. Rafter, Village President ATTEST: ________________________________________________ Kim Siudzinski, Deputy Village Clerk