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Town Seal
 
Charter Commission Minutes 06/10/10
Buxton Charter Commission
Meeting Minutes
June 10, 2010
6:00 PM
Call to order at 6 p.m. Present are Chairman Andy Townsend, Vice Chairman Dianne Senechal, Jen Barschdorf, David Dunn, May Schumacher, Brent Havu, Larry Miller, Judy Sjulander and Selectman Dan Collomy.
Approval of minutes from last meeting, amend to add Larry's 2.12 proposal; amend to remove Dan from being present as he was absent; change meeting time to 6 p.m. not 7 p.m. Motion to approve with changes, second, carries.
Public Comments: none
Announcement of Correspondence : none
Open Business
  • Response from Town Clerk John Myers:
Two questions were submitted: is voter registration a state-required board and is a municipal records officer required by the state. The chairman reported John's answer to both questions is no. John was present in town hall and entered the meeting to answer additional questions from the commission. He said both positions are under supervision of the town clerk. The registrar is NOT* selected based on political party and is appointed by selectmen and the town clerk is the deputy registrar. Election clerks are selected based on political party recommendation.* He said the appeals board for voter registration has never been used.

  • Drafting the Buxton Charter Starting with Section 3.02g forward -
Commission members discussed including a complete list of boards, commissions, committees and departments and descriptions of each.

MOTION: to take 'e' through 'n' and list position of department head and put corresponding department head “shall perform all duties required to complete all statutory requirements as well as any other duties included in a written job description.” Motion seconded and approved.

        Commission members discussed the process for creating new departments.

Section 3.03 Elected Positions   

        (a)     Elected Positions: A candidate for elected office must be a registered voter of the Town of Buxton. Residency status must be maintained for the duration of the term. To be considered a valid write-in candidate, a person must file a declaration of write-in candidacy with the Town of Buxton, on a form approved by the Town Clerk, on or before 5 p.m. on the 3rd business day prior to the election.  The candidate must meet all the other qualifications for that office.The elected positions and compensation for such positions shall be determined at the Annual Town Meeting.

Commission members discuss including a requirement for write-in candidates to file a declaration.

MOTION: to adopt section 3.03 subsection a as written, seconded and approved. Brent opposed.

(b)     Vacancies occurring during a regular term shall be filled by appointment by the Selectmen when there is more than 90 days till the next scheduled election, with the exception of any board committee or commission governed by an adopted ordinance shall not be subject to this section. All vacancies shall be posted in 5 (five) local stores and shall allow at least 7 (seven) days thereafter before a list of candidates is formed. The successful candidate shall serve until the next scheduled election at which time the voters of the Town shall elect, by secret ballot, a person to assume the remainder of the unexpired term.

Commission members noted 'till' should be changed to 'until.'
MOTION: to approve as amended, seconded, approved.

(c)     Elected positions of the Town shall include:
        
Moderator: A Moderator to preside at the Annual Town Meeting shall be chosen by written ballot. Moderators for Special Meetings shall be chosen and elected at each Special Meeting by written ballot. Moderators shall govern each meeting using Roberts Rules of Order and the Maine Moderators Manual.

MOTION: to accept section 3.03 subsection c, paragraph1 as written, seconded, approved.

Planning Board: There shall be a Planning Board consisting of seven (7) members with staggered three (3) year terms, who shall be elected by secret ballot. The members shall elect their chairman, vice chairman, treasurer, and secretary. The Planning Board shall review the comprehensive plan every 5 (five) years to assure that the comprehensive plan meets current needs and the requirements of the community, and may call for a comprehensive plan review committee to be formed, if necessary.  The Planning Board shall evaluate and prepare amendments for zoning ordinances, and review subdivisions in accordance with Maine law. A majority of the Planning Board shall constitute a quorum. No action of the Planning Board shall be binding or valid unless adopted by a majority of all Board members then holding office. The Planning Board shall have the power and authority set forth under Maine law and, in addition, any other powers or authority set forth in the 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. When there is a permanent vacancy, the municipal officers shall within sixty (60) days of its occurrence appoint a person to serve until the next annual municipal election, following the standards for filling a vacancy in elected positions.

Commission members discussed including a requirement for public comment during planning board meetings.

MOTION: to adopt section 3.03 subsection c, paragraph 2 as written, seconded, approved.


Directors of School Administrative District #6:  The number of directors and terms shall be determined pursuant to State Statutes.

MOTION to approve section 3.03 subsection c, paragraph 3 as written, seconded, approved.

Budget Committee: The Budget Committee shall be made up of Seven (7) elected members, serving three (3) year staggered terms and shall be elected by secret ballot. (Amended:  June 10, 2008)

MOTION to adopt section 3.03 subsection c, paragraph 4 with deletion of transitional paragraph in current charter, seconded, approved.

Section 3.04 Removal – Appointed Positions

        After notice and hearing, and upon a majority vote of the Board of Selectmen, the Selectmen may dismiss any appointee of a board or commission appointed by the Selectmen for cause, after notice and hearing as required by State law. Failure to attend three (3) consecutive regularly scheduled meetings may be considered  cause for removal by the Board of Selectmen.

MOTION to approve, seconded, approved.

Section 3.05 Removal – Elected Positions

        Any elected member of any Town board, committee, or commission, pursuant to state statutes, may be  removed from membership at the discretion of the Board of Selectmen if that person has missed three (3) consecutive regularly scheduled meetings of the member’s board, committee or commission. Any member removed may be replaced by an alternate appointed by the Board of Selectmen, to fill out the unexpired term or until the next scheduled secret ballot election whichever comes first.

MOTION to approve, seconded, approved.

Section 3.06 Municipal Services

        (a)     Fire Prevention: Fire prevention and fire fighting for the Town shall be provided by the Buxton Fire Department with Bar Mills, Chicopee and Groveville Stations. Each Station shall submit its annual budget request for review and approval by the Fire & Rescue Chief who will submit a total Fire Department budget to the Board of Selectmen, and Budget Committee for inclusion, as recommended by the Board of Selectmen, and Budget Committee in the Annual Town Warrant

        (b)     Rescue: Ambulance service for the Town shall be provided by Buxton Rescue.  Buxton Rescue shall submit its annual budget request for review and approval by the Fire & Rescue Chief who will submit a total Rescue Budget to the Board of Selectmen and Budget Committee for inclusion, as recommended by the Board of
                Selectmen, and Budget Committee in the Annual Town Warrant

        (c)     Law Enforcement: Law Enforcement shall be provided by the Buxton Police Department. The Buxton Police Chief shall submit an annual budget request to the Budget Committee and the Board of Selectmen for inclusion as recommended by the Budget Committee and Selectmen in the Annual Town Warrant.
        
        (d)             Waste and Sanitation: Shall be provided through the Solid Waste Department. The Solid Waste Manager shall submit an annual budget request to the Budget Committee and the Board of Selectmen for inclusion as recommended by the Budget Committee and Selectmen in the Annual Town Warrant.
        
        (e)     All municipal service departments and officials shall be under the direction of the Board of Selectmen.

MOTION to remove section 3.06 from the charter, seconded, approved.
Section 3.07 Bonds

        All officials required by State law to post bonds shall do so in accordance with State law, in an amount determined by the Board of Selectmen. In addition, the Board of Selectmen shall require a bond by a reputable surety company, or other acceptable sureties satisfactory to the Board, from all persons trusted with the collection, custody or disbursement of any monies of the Town. The Town, however, shall pay the costs of providing such bonds.

Commission members discussed which town employees should be bonded.

MOTION to approve with amendement following 'disbursement of any monies of the Town' “or as otherwise deemed necessary by the Board of Selectmen,” seconded, approved.

ARTICLE IV.     FINANCIAL PROCEDURES

Part A Budget

Section 4.01 Fiscal Year

        The fiscal year of the Town shall be established as July 1 to the ensuing June 30th.

MOTION to approve, seconded, approved.

Three minute recess.

Section 4.02 Budget

        The budget shall provide a complete financial plan of all Town administration funds, and activities for the upcoming fiscal year, and, except as required by this Charter or law, shall be in such form as the Board of Selectmen and Budget Committee may require. In organizing the budget, the Budget Committee shall utilize the most practical combination of expenditure classification by fund, organization unit, program, purpose or activities and objectives. It shall show in detail all estimated income, and all proposed expenditures, including debt service, for the current fiscal year, and shall be arranged as to show comparative figures for actual and estimated income and expenditures of the current fiscal year and actual income and expenditures of the preceding fiscal year. It shall indicate in separate sections as follows:

        (a)     Proposed expenditures for current operations during the ensuing fiscal year, detailed by office, departments and agencies in terms of their respective work programs, and the method of financing such expenditures; and

Commission members discussed the budget process and presentation.

MOTION to approve, changing 'utilize' to 'define;'* deleting 'in organizing the budget, the budget committee shall' and substitute 'the budget shall be formed in the most practical combination of expenditure classification by fund, organization unit, program, purpose or activities and objectives...' seconded, approved.

(b)     Proposed capital expenditures during the ensuing fiscal year, detailed by offices, departments and agencies along with the proposed method of financing each such capital expenditure when practical.

MOTION to accept section 4.02 subsection b as written, seconded, approved.

For information only, the Budget Committee shall separately provide such information as is then available regarding the York County Tax and S.A.D. #6 assessment.

MOTION to approve, second, approved. The secretary noted for consistency, 'budget committee' should be changed to 'budget.'

Section 4.03 Submission of the Town Budget and Budget Message

        The Budget Committee shall submit to the Board of Selectmen, on a date to be determined by the Board of Selectmen, a budget recommendation for the upcoming fiscal year and an accompanying message. The Budget Committees message shall explain the Budget in fiscal terms, describe the important features of the budget, indicate any major changes from the current year in expenditures and revenue together with the reasons for such changes.  (Amended:  Nov. 4, 2003)
Commission members discussed a budget message as well as time constraints for budget submission and review prior to Town Meeting. Commission members reviewed Kennebunk charter section 5.03 paragraph a, which reads Not later than 120 days before the Annual Town Meeting, the Town Manager shall submit, to the Board of Selectmen and the Budget Board, his/her recommendations and a proposed budget for the ensuing fiscal year.
 
MOTION to adopt Kennebunk section 5.03 paragraph a in place of Buxton section 4.03.

b) The Board of Selectmen shall review the proposed budget and prepare a final budget for submission to the Annual Town meeting.

Commission member discussed wording and timeline issues.

MOTION to change to read “Board of Selectmen shall review the proposed budget and prepare a final draft for consideration in a joint meting with the budget committee,” seconded and approved.


c) The Budget Board shall, at a minimum, meet together with the Board of Selectmen, to review the final budget in a joint session and may make its recommendations to the Annual Town Meeting. The failure of the Budget Board to make a recommendation on any particular budget article(s) shall not prevent the Annual Town Meeting from acting on the same.

Commission members discussed including a draft budget in the process twice.

MOTION to approve, seconded, approved. Dianne abstained.

(d) The Board of Selectmen shall hold at least two public informational meetings on the budget, the first of which shall be noticed and conducted as a public hearing and held no less than 90 days before the Annual Town Meeting referendum vote and in tome [time] for the Budget Board and the Board of Selectmen to take into account comments from the public hearing before finalizing the Annual Town Meeting referendum ballot, and the second of which shall be held no more than 20 days and at least 7 days before the Annual Town Meeting.

MOTION to approve, correcting spelling of 'time;' changing 'board' to 'committee;' taking first 'referendum' out and changing wording to read 'finalizing the annual Town Meeting warrant,” seconded, approved.
 
(e) The Annual Town Meeting shall adopt the final budget for the Town.  If the budget is not approved by the beginning of the new fiscal year, then the  final budget figure(s) for the immediately preceding fiscal year for on-going municipal services only shall be deemed effective to permit expenditures until the final budget is adopted and then to be charged against the new budget, but only to the extent reasonably sufficient to cover necessary expenses to protect the public health, safety and welfare; provided, however, beyond the initial Town meeting vote on the annual budget, there may be, if necessary, up to, but not more than, two additional votes on the proposed annual budget, or the final budget figure(s) for the immediately preceding fiscal year for on-going municipal services only shall be deemed adopted.

MOTION to strike subsection e, seconded, approved.
MOTION to rename Kennbunk section to match Buxton charter, seconded, approved.
MOTION to reconsider section 4.03 subsection c, seconded, approved.
MOTION to add wording 'may make recommendations and present a message to the annual Town Meeting,' seconded and approved.
MOTION to delete section 4.03, seconded, approved.

Section 4.04 Board Action on the Town Budget

        The budget requests submitted shall be reviewed by the Board of Selectmen who shall recommend such proposed budget, or recommend a modified budget for inclusion in the Town Warrant to be voted upon at the annual Town Meeting.

MOTION to delete section section 4.04, seconded, approved.

 Section 4.05 Public Records

        (a)     Available to Public. Copies of the yearly budget shall be public record and shall also be made available to the public through the Annual Town Report.

MOTION to approve, second, approved.

(b)     Town Warrant. The Town Meeting Warrant shall contain the total money appropriated for the current year along with the Board of Selectmen’s and the Budget Committee’s recommendation for the upcoming fiscal year under each article requiring an appropriation.

MOTION to approve, second, approved.
MOTION to change the placement of* Kennebunk section 4. , seconded, approved.

Section 4.06 Preparation of Warrants

        The procedures for preparing warrants and writing corresponding checks for payment of town expenses will be determined by the Board of Selectmen. No checks shall be signed until the warrants are approved by the Selectmen.

MOTION to remove section 4.06, seconded, approved.

Section 4.07 Town Monies

Town Clerk Fees:  Any and all fees accruing to the Town Clerk shall accrue directly to the Town.

MOTION to approve, seconded, approved.


Acceptance of Monies:  The Legislative Body shall vote to accept all monies received by the Town from outside sources, including but not limited to: Federal, State or other Governmental Bodies, and private or public sources.

MOTION to approve, second, approved.

Section 4.08 Bid, Purchasing and Sales Procedures

        Purchasing:  Except in emergency situations as determined by the Selectmen, in those cases where the scope of work or services to be performed for the Town shall require an expenditure of $5,000.00 or more, the following guidelines shall be followed:  (Amended:  Nov. 4, 2003)

A clear statement defining the required scope of services or specifications of the work to be performed shall be provided to the potential bidders along with notice as to where the bid forms may be picked up. Notices shall be mailed to prior and appropriate bidders notifying them of the current bid request.

Commission members discussed previous mention of the bidding process.

MOTION to approve, seconded, approved.


Requests for bids shall be advertised in the local papers early enough to give bidders sufficient time to prepare bids. Such advertisements should include the statement that “the Selectmen reserve the right to accept or reject any or all bids.” Awards shall be made to the lowest, responsible and responsive bidder.

The manner in which the bids are to be submitted, when they shall be due in the town office, and when the bids are to be publicly opened shall be clearly stated in the ad.


        (d)     For purchases between $2,000.00 and $4,999.00, at least three (3) price quotes for comparable products must be obtained prior to purchase.  (Amended:  Nov. 4, 2003)

MOTION to accept section 4.08 subsections a, b, c and d amending selectmen to town manager, seconded, approved.  

Sales:

Disposal of all surplus equipment shall be the result of acceptance of the highest bid by a sealed bid process established by the Selectmen , who reserve the right to reject all bids.

MOTION to accept, seconded, approved.

Section 4.09 Budget Amendments After Adoption

        (a)     Modification of Appropriations: If at any time during the fiscal year it appears probable to the Treasurer that the revenues available will be insufficient to meet the amount appropriated, he shall report to the Board of Selectmen without delay, indicating the estimated amount of the deficit. The Board of Selectmen shall then take any further action as it deems necessary to prevent or minimize any deficit.

MOTION to approve, amending treasurer to town manager, seconded, approved.

(b)     Transfer of Appropriations: The Board of Selectmen must call a Special Town Meeting to consider and vote on the transfer of part or all of any unencumbered appropriations balance from one appropriation to another. Selectmen may make intradepartmental transfers to reconcile revenue and expense accounts, said funds to be transferred only for the use of revenue shortfalls or emergency spending as determined by the Selectmen. All other transfers unless allowed under State Statutes must go to Town Meeting.

MOTION to approve, seconded, approved.

  • Other open business
New Business
Other New Business, set agenda to start with section 4.10 to end. Also discuss next steps. Commission members discussed gender neutrality, renumbering the charter and title of the board of selectmen.   
MOTION to change 'board of selectmen' to 'selectboard' provided it is not contradictory to state law, seconded, approved. Dan opposed.

Next Meeting
Charter Commission Meeting, Thursday, June 17, 2010 6:00pm
Charter Commission Meeting, Thursday, June 24, 2010 7:00pm
Public Comments, none
Adjournment, 9:08 p.m.
Submitted by Stephanie Grinnell
*Amended June 18, 2010


 
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