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Town Seal
 
Charter Commission Minutes 06/03/10
Buxton Charter Commission
Meeting Minutes
June 3, 2010
7:00 PM
Call to order at 7 p.m. Present are Chairman Andy Townsend, Vice Chairman Dianne Senechal, Jen Barschdorf, David Dunn, May Schumacher, Brent Havu, Larry Miller, and Judy Schulander. Absent is Selectman Dan Collomy.*
Approval of minutes from last meeting, several spelling corrections were noted. Motion to accept as amended, second, minutes of May 24, 2010, approved as amended.
Public Comments, none
Announcement of Correspondence, none
Open Business
  • Drafting the Buxton Charter Staring with Section N.01 forward –
Section N.01    Qualifications

The Town Manager shall be chosen by the Board of Selectmen on the basis of character and executive and administrative qualifications with special reference to actual experience in, or knowledge of, accepted practice in respect to the duties of the office as hereinafter set forth.

MOTION: to change 'reference' to 'consideration'. Motion seconded and approved.

Section N.02    Meeting Procedure

The Town Manager shall:
  • Be the chief administrative official of the Town.
MOTION: to approve section N.02 subsection a as written. Motion seconded and approved.

  • Be responsible to the Board of Selectmen for the supervision and administration of all departments and officers for which the Board confirms the appointment of the department head or director.
Commission members discussed employees that may not fall under department head supervision.
MOTION: to accept Section N.02 subsection b with 'officers' changed to 'offices.' Motion seconded and approved.

The secretary noted the title of the section should not be 'meeting procedures,' it should be 'powers and duties of the town manager.'

  • Implement all laws and ordinances of the Town.
MOTION: to accept Section N.02 subsection c as written. Motion seconded and approved.

  • Serve as the head of any department for which the Board of Selectmen appoints the department head or director when so directed by the Board.
MOTION: to accept Section N.02 subsection d as written. Motion seconded and approved.

  • Nominated, subject to confirmation by the Board of Selectmen, supervise and control the following Town officials:
The secretary read a list of town officials. It was noted the first word should be 'nominate.' Commission members discussed the list of officials and department head titles. Decided for inclusion were:
  • code enforcement officer
  • EMA director
  • fire/rescue chief
  • motor vehicle registration agent
  • police/dispatch chief
  • public works director
  • recreation director
  • solid waste/recycling manager
  • town clerk [Motioned, seconded and approved separately, with Dianne, Jen and Brent abstaining]
  • tax collector [Motioned, seconded and approved separately, with Dianne abstaining]
  • town treasurer [Motioned, seconded and approved separately]
  • board of voter registration [temporarily included pending consultation with town clerk]
  • municipal records officer [temporarily included pending consultation with town clerk]

MOTION: to have Saco River Cable Committee representative appointed by selectmen. (Will be added to Section 2.05 subsection b.) Motion seconded. Vote tied: In favor are Larry, Andy, Brent and David; opposed are Judy, Dianne, Jen and May.

  • Saco River Cable committee representative
  • town manager assistant (previously/currently titled selectmen's secretary)
MOTION: to approve the list above. Motion seconded and approved.

Section N.02 subsection e last paragraph:

And
The  heads of any other departments created by the Board of Selectmen or the Town Manager.  The Town Manager shall also appoint, supervise and control all other officials, subordinates and assistants, except the Town Manager may delegate to the appropriate department head, and report all appointments to the Board of Selectmen.

MOTION: to approve Section N.02 subsection e (last paragraph). Motion seconded and approved.

  • Have exclusive authority to remove for just cause, after notice and hearing, any persons whom the Town Manager is authorized to appoint, and report all such removals to the Board of Selectmen.
Commission members discussed wording of subsection f.

MOTION: to approve Section N.02 subsection f as written. Motion seconded and approved.

  • Act as the purchasing agent for all Town departments, boards, or commissions, provided that the Town or the Board of Selectmen may require that all purchases of a designated amount be submitted to competitive bid; and except that the Board of Selectmen may submit any purchase to competitive bid when deemed feasible.
Commission members discussed the meaning of being a purchasing agent.

MOTION: to approve Section N.02 subsection g as written. Motion seconded and approved.  

  • Attend all meetings of the Board of Selectmen unless excused by the Board.
MOTION: to approve Section N.02 subsection h as written. Motion seconded and approved.

  • Attend all Annual and Special Town Meetings, and hearings of the Town which are initiated by the Town Manager or as required by the Board of Selectmen.
MOTION: to approve Section N.02 subsection i as written. Motion seconded and approved.

  • Keep the Board of Selectmen and the residents informed as to the financial condition of the Town.
MOTION: to approve Section N.02 subsection j as written. Motion seconded and approved.

  • Make recommendations to the Board of Selectmen for the more efficient operations of the Town.
MOTION: to approve Section N.02 subsection k as written. Motion seconded and approved.

  • Make application for State, Federal, and other aid grant for the benefit of the Town, as approved by the Board of Selectmen.
MOTION: to approve Section N.02 subsection l amending 'grant' to 'grants.' Motion seconded and approved.

  • Perform such other duties as may be prescribed by this Charter or required by the Board of Selectmen, not inconsistent with this Charter.
MOTION: to approve Section N.02 subsection m as written. Motion seconded and approved.

MOTION: to reconsider Section 2.12 (Kennebunk Section 3.10) previous vote. Motion seconded and approved.
Commission members discussed issues that may arise if a town employee is a member of a board/committee that is overseen by selectmen. The issues may be caused by a non-interference clause in the charter.

MOTION: to approve Larry's proposal for Section 2.12. Motion seconded and approved with Dianne and Jen opposed. Larry's proposal states: “Except for the purpose of inquiry, and except as the Town Manager may authorize in writing, Selectmen shall not give orders, directly or indirectly to Town employees concerning matters that are within the responsibilities of the Town Manager as described in [Section N] of this Charter.”*

ARTICLE III.    ADMINISTRATIVE ORGANIZATION

Section 3.01    Title and Appointments

        (a)     The following officers and boards shall be appointed by the Board of Selectmen: Board of Appeals, Health Officer, Chairman of the Board of Voter Registration, Code Enforcement Officer and Assistant Code Enforcement Officer, Town Treasurer and boards, commissions or committees created by the Board of Selectmen pursuant to Section 2.05, and such other boards and officers as may exist from time to time when appointment is permitted by State or federal law or Town ordinance. The Board may, where appropriate and where not prohibited by law, vest in employees all or part of the duties of any office.  (Amended:  June 14, 2005)

        (b)     Prohibited appointments: No municipal official may be appointed to any paid position of the municipality, which was created or the compensation of which was increased by the action of that municipal official during the term for which that official was elected and for one year thereafter.

MOTION: to strike Section 3.01 subsections a and b. Motion seconded and approved.

Section 3.02 Appointed Positions

        (a)     Health Officer: A Health Officer, who shall be responsible for the prevention and suppression of diseases and all conditions dangerous to the public health, shall be appointed by the Board of Selectmen for a three year term with compensation, if any, to be determined by the Annual Town Meeting.

MOTION: to approve Section 3.02 subsection a as written. Motion seconded and approved.

        (b)     Board of Appeals: There shall be a Board of Appeals consisting of five (5) voting members with staggered three year terms. The Board of Appeals shall be appointed by the Board of Selectmen. Voting members shall elect their chairman and secretary. A majority of the Board of Appeals shall constitute a quorum. No action of the Board of Appeals shall be binding or valid unless adopted by a majority of all Board members then holding office. The Board of Appeals shall have the power and authority set forth under Maine law and, in addition, any other powers or authority set forth in any zoning ordinance or other ordinances adopted by the legislative body of the town. The chairman shall submit a written report of activities to the municipal officers to be included in the annual Town Report.  No Member of the Board of Appeals shall simultaneously be a member of the planning board.

MOTION: to approve Section 3.02 subsection b with a capitalization corrected on 'Planning Board.' Motion seconded and approved.

  • CEO: There shall be a Code Enforcement Officer (CEO) appointed to enforce the regulations and ordinances of this municipality and the State of Maine where applicable. Including but not limited to building, land use, and plumbing codes. The appointment shall be made each year commencing on May 1, and ending on April 30. The CEO shall operate under the supervision of the Board of Selectmen.
MOTION: to approve Section 3.02 subsection c with supervision of 'the Board of Selectmen' changed to 'town manager.'  Motion seconded and approved.

Assistant CEO: There shall be one (1) or more Assistant CEO’s appointed by the Board of Selectmen as needed, to fill in and assist the CEO. The Assistant CEO shall have the same enforcement powers as the CEO. The assistant(s) appointment shall be made each year commencing on May 1 and ending on April 30. The assistant(s) shall operate under the direction of the CEO and the Board of Selectmen.

MOTION: to approve Section 3.02 subsection d changing 'Board of Selectmen' to “town manager' in two places. Motion seconded and approved.

Treasurer: Shall be appointed by the Board of Selectmen. The Treasurer shall perform all duties required to complete all statutory requirements as well as any other duties included in a written job description. The Treasurer shall operate under the direction of the Board of Selectmen.  (Amendment: June 14, 2005)

MOTION: to accept Section 3.02 subsection e changing 'Board of Selectmen' to 'town manager' in two places. Motion seconded and approved.  

Public Works Department: Shall consist of one Public Works Director appointed by the Board of Selectmen and such employees as may be hired. The Public Works Director is a working supervisory position, responsible for the repair and maintenance of highways and bridges as well as other duties included in a written job description. The Public Works Director shall work under the direction of the Board of Selectmen.  (Amendment:  June 14, 2005)

MOTION: to approve Section 3.02 subsection f changing 'Board of Selectmen' to 'town manager' in two places. Motion seconded and approved.


  • Other open business, Commission members discussed a previous question about applicable Title 30 versus Title 30-A. Commission members discussed if there were additional required-by-law positions to include in Section 3.02. Commission members received a copy of the school district's nepotism policy following adjournment.
 
New Business
Other New Business set agenda starting with answers the chairman gets from the town clerk and continuing with Section 3.02 subsection g and forward. Commission members discussed the remaining time frame to complete the preliminary report and decided to start next week's meeting at 6 p.m. instead of 7 p.m.
Next Meeting
Charter Commission Meeting, Thursday, June 10, 2010, 6* p.m.
Charter Commission Meeting, Thursday, June 17, 2010, 7 p.m.
Public Comments, none
Adjournment, 8:51 p.m.
Submitted by Stephanie Grinnell


 
Town of Buxton
  185 Portland Road, Buxton, ME 04093 (207) 929-5191
Mon, Tues, Thur, Fri 8:30am to 4:30pm & Wed: 11:30am - 7:30pm