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Town Government
Town government has a long history in Wisconsin, brought to the state by New Englanders in the early 19th century. In most states, the unit of government is referred to as a township; however, in several states, including Wisconsin, the form of government is a “town”.
Town government is created by Article IV, Section 23 of the Wisconsin Constitution. Chapter 60 of the state statutes applies specifically to towns. Unlike the organization of cities and villages, town are unincorporated and can only implement those functions specifically authorized by state law.
Cities and villages have home rule power and have greater flexibility to govern themselves. Towns may adopt village powers, relating to villages and conferred on village boards under Chapter 61, except those powers which conflict with statutes relating to towns and town boards.
https://www.wisctowns.com/about-us/town-government/
https://docs.legis.wisconsin.gov/constitution/wi/000231/000024 Wisconsin Constitution
https://docs.legis.wisconsin.gov/statutes/statutes/60 Chapter 60 Wis Stats - Towns
Towns provide basic municipal government services, such as elections, property tax administration (towns collect taxes for counties, schools and other governments, as well as for their own budgets), road construction and maintenance, recycling, emergency medical services and fire protection. Some towns also offer law enforcement, solid waste collection, zoning and other services.
https://docs.legis.wisconsin.gov/statutes/statutes/60/iv/22 Wisconsin Statues 60.22 General Powers and Duties
Town Government is important because it is the most local form of government. Government at this level affects our lives in so many ways directly. Many Federal and State programs work their way down through the levels of government ending at the local level.
An active Town Government makes our local voices be heard by the State and Federal levels and works to bring funding to our local area. Because our population is small, we depend on outside funding to be able to make the things we have come to expect and depend on possible. Things like paved roads, high speed internet, emergency services. None of which would be possible without outside funding.
Town Government is also the way that we can make decisions for ourselves. It is important that as town citizens that we take an active role in partipating in our town. Whether it be as a citizen or being willing to serve in a position in Town Government. This is because if no one is willing to step up and serve, then these decisions will be made for us by someone else who is far away and not local. Decisions like how and where to spend money. What is important and what are the priorities. Local people know most about these things and are in the best position to make these decisions.
Day to day provision of town services is governed by an elected town board, comprised of a town chairperson and two to four supervisors. The board is supported by an elected or appointed clerk and treasurer or combined office of clerk-treasurer. Some towns also choose to have additional elected officers, such as a constable or elected property tax assessor. Some towns also appoint an administrator, deputy clerk, deputy treasurer, or deputy clerk-treasurer.
The Town of Washburn has a chairperson, 2 supervisors, clerk and treasurer. There are two road crew employees. The term "Town Board" refers to the chair and two supervisors. These three elected individuals have the authority to cast a vote in town board meetings.
The clerk and treasurer are elected town officials, but do not have a vote.
https://docs.legis.wisconsin.gov/statutes/statutes/60/iv/20 Wisconsin Statutes 60.20 The Town Board
Town of Washburn board meetings are normally scheduled on the second Tuesday of every month, 7:00 pm at the town hall. Unless otherwise specified, all town board meetings are open to the public. An agenda for town meetings is posted at least 24 hours in advance on the website, at the town hall, and another public site.
A typical agenda would be:
1. Call to Order
2. Verification of Public Notice and Approval of Agenda
3. Public Comment
4. Approval of Minutes from Prior Meeting
5. Reports of Chair, Clerk, Treasurer, Road Department
6. Procedural Motions by Town Board Members - These are the different agenda items that will be discussed and voted on by the board.
7. Items to be placed on Future Agendas
8. Authorize Payment of bills.
9. Adjournment
Rules of Conduct at Town Meetings:
Meetings are conducted by Roberts Rules of Order.
Presiding Officer:
The town chair is the presiding officer of the meeting. They have the responsibiity of conducting the meeting with order and decorum. If anyone is disorderly or disruptive, the presiding officer has the authority to have that person removed by order. If necessary, law enforcement may be called to assist.
Members to be Recognized:
The presiding officer recognizes any member of the town board prior to that member addressing the town board.
Remarks to the Presiding Officer:
All members of the town board shall address all remarks to the presiding officer at any meeting of the town board.
Speaking before the Town Board:
If you are attending a town board meeting, you may only speak when recognized by the presiding officer during the public comment section of the meeting. If you speak during public comment you should address your comment to the presiding officer. At all other times during the meeting you may not speak. This is similar to the way that other legislative governmental bodies conduct their sessions.
If there are specific items of business, the board may vote to recognize specific persons to speak while discussing that item of business.
More details about town meetings and parlimentary procedures can be found here:
https://docs.legis.wisconsin.gov/statutes/townlaw/forms/town_board_meeting_and_parliamentary_procedure_ordinance?view=section
Anyone can speak during the public comment portion of a town board meeting. No prior notice is needed and you will not be on the meeting agenda. Most regular town board meetings have a time for public comment near the start of the meeting. Not every meeting is required to have a public comment section.
It is recommended that you keep your comments brief and to the point. The Town of Washburn does not put a time limit on public comment, however it is expected that they be 5 minutes or less.
The town board is not required to respond to your comments at this point, however they may ask questions or provide some information. If any official action requiring a motion is needed, this will need to be placed on the agenda of a future meeting for possible action.
Another way to speak at a town board meeting is to make arrangements with a town board member and for the board member to place an agenda item on the meeting agenda in advance. The board can then vote to allow you to speak during that agenda item. This is typically done for major issues of general public interest requiring discussion and possible action.
Ordinances
An ordinance is a written law passed by a local government that is used to regulate or prohibit certain actions or types of conduct. Ordinances have the same force of law as state statutes do, and they apply to everyone, including the board members that pass them. The prohibitions or regulations contained in ordinances are typically tied to penalty provisions for violations or failure to comply. For example, an ordinance may impose monetary fines or establish a procedure for the local government to initiate court action if an individual violates the ordinance’s terms.
A resolution is a formal, written expression of the local governing board’s opinion or intention. In contrast to ordinances, resolutions do not contain penalties and are typically used to establish or formalize the board’s internal policy positions.
A local governing board’s authority to adopt an ordinance comes either from a state statute or from the board’s more general authority to exercise “village powers” for the health, safety, and welfare of the public. This only applied if the electors have granted village powers to a town board. If a state statute applies, any procedural requirements in the state statute must be followed.
In other words, a town can only adopt an ordinance if there is a state statute giving it the authority to enact that ordinance.
Ordinances may be enforced by the county sheriff’s department, if the department has time and resources to expend on enforcing local regulations. Some municipalities contract with the sheriff’s department for this service. Municipalities may also enact a citation ordinance, pursuant to Wis. Stat. § 66.0113. This administrative ordinance serves to indicate who is authorized to issue citations under the municipality’s various ordinances. For example, the town or village board can designate the authority to hand out citations to the town chair or village president, another town or village officer, or a public employee.
After a citation is issued, the recipient may either pay the amount listed on the citation or appear in court to contest the citation.
Towns do not have enforcement authority over county ordinances or state laws, so if someone is concerned that a county ordinance or state law has been violated, that complaint should be submitted to the county sheriff's office.
The Wisconsin Towns Association has published several articles about town ordinances. They can be found here:
Preparing to Adopt Local Ordinances - September 2019
Plan Commission
The Plan Commission is a group of individuals that are appointed by the Town Board to implement and manage different aspects of the Town Comprehensive Plan. Part of this includes reviewing driveway permits, conducting site visits, and making recommendations to the Town Board. The Plan Commission has a chairperson and four members, one of which is a member of the Town Board and is the Town Board Representative.
The goal of the Plan Commission is to facilitate development in the town in a way that is conducive to the stated goals of the Town Comprehensive Plan. It advises individuals wanting to develop or make changes to land use on the requirements of town, county and state ordinances. Additionally the commission presents research and studies and gives recommendations on ways that development can be done to minimize impact on the environment. This is of particular importance as the Town of Washburn is located at the headwaters of the Sioux River and is the source of much of the area's groundwater that provides the drinking water used by many people on the penninsula.
If you are considering building or developing in the town, contact the plan commission chair. They can help review your development plans and give helpful advice
The Town Comprehensive Plan is a document that describes current town conditions, a description of the conditions that the citizens of the town would like to see in the future, and an implementation plan to achieve that future. It describes what the citizens value in the town and what could be improved.
This is a list of the purposes from the current Town Comprehensive Plan document which is on the town website.
1. It will assist Town and county officials to implement recommendations relating to its goals, objectives, and actions and assist in making future land use decisions.
2. It will assist with development and management issues by addressing short-range and long-range concerns regarding growth, development, and preservation of the community.
3. It addresses physical planning matters such as land use, transportation, housing, utilities, and natural resources while also considering social and economic issues.
4. It ties together a variety of elements that affect a Town (i.e., land use, transportation, community facilities, and so on) into one integrated plan that reflects the interrelationship between these elements.
5. It conveys a long-term vision that can guide the Town through the year 2027, but it also provides specific policies and recommendations that address current issues.
6. It identifies key issues, sets goals and objectives, develops policies for achieving the objectives, and describes actions needed to implement the policies. It provides the legal basis for land use regulations and it provides a link to the Town’s ordinances, in conjunction with the Bayfield County ordinances, which should be consistent with the Comprehensive Plan.
7. It guides the Plan Commission, the Town Board, landowners, and private developers in decisions related to environmental and cultural preservation, and future development in the Town.
8. It satisfies the requirements of the Wisconsin Comprehensive Law contained in Wisconsin Statute 66.1001.