HomeMy Public PortalAboutCharter 2008-01-31 TOWN OF ORLEANS
CLERKS OFFICE
CHARTER REVIEW COMMITTEE TOWN
JANUARY 31,2008
08 HRR 13 A1111: 51
DRAFT OF PROPOSED ORLEANS CHARTER AMENDMENTS
WITH NEW LANGUAGE IN BOLD
SUBJECT TO CHANGE AFTER PUBLIC HEARING
2-1-3 The quorum necessary for the conduct of Town Meeting business shall be€we-peFGent 150
of the current registered voters of the Town.
2-7-5 No person shall speak twice on the same question until all those wishing to speak thereon
have done so, nor shall any person speak for more than five minutes at one time, except by
permission of the Town Meeting, provided, however, that the restrictions shall apply neither
to those persons required to be in attendance under provisions of 2-7-3, nor to those
persons making the original motion or amendments thereto under the article. A motion to
terminate debate requires a second, is not debatable and shall require a 4/5 majority to
prevail.
3-1-1 A Board of Selectmen of five members, hereinafter in this chapter to be known as"the
Board,"shall be elected at-large for three-year overlapping terms. A member can serve
for a maximum of three consecutive terms, and then will be eligible to serve again
after not serving for one year.
3-1-3 The BeaFd shall neR:nally hold one regulai:ly GGheduled meetiRg eaGh week, iR the eveRiRg-.
The Board of Selectmen shall normally meet at least once a month, in the evening,
and as otherwise needed to conduct Town business.
3-1-4 Members of the Board shall each receive an annual honorarium not to exceed one two
thousand dollars, and shall receive actual and necessary expenses incurred in the
performance of their duties of office, as provided by general law and vote of the Town. The
chairperson shall receive an additional five hundred dollars annually as provided by
general law and vote of the Town.
3-3-4 The Board shall publish an Emergency Plan, with appropriate guidance available to
the Public. [THIS IS A NEW CLAUSE]
3-5-3 Any contract or formal agreement establishing such cooperation, which requires an
,appropriation of Town funds in excess of$10,000$50,000 and/or entails a commitment by
the Town in excess of two three years, shall require the approval of the Town Meeting.
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110 ld I
•3-9-1 The Board ha'eli'EHe power to appoint: (a) a Town Administrator as provided in Chapter
4,,' �) T-bwrr
op raise tq(c) a Town Accountant/Di rector of Municipal Finance; (d) a Police
Chief; (e) a Fire Chief; (f)three members of a Board of Registrars of Voters for overlapping
three-year terms; (g) Election Officers; (h)five members and three associate members of a
Zoning Board of Appeals for overlapping three-year terms; (i)fGW three members and two
associate members of a Board of Water Commissioners for overlapping terms; (j)three
members of a Community Preservation Committee.
4-3-2 (1) Review the General Bylaws and make any recommendations for new Bylaws or
amendments to existing Bylaws, based on Board of Selectmen policy.
[THIS IS A NEW CLAUSE AND 4-3-2(1)WILL DELETE 6-9-1]
4-4-1 Subject to the approval of the Board of Selectmen, the Town Administrator shall appoint
and, on the basis of merit and fitness alone, and except as otherwise is provided by general
law, Charter, or personnel By-laws, may suspend or remove: a Town Clerk who need not
be a Town resident; a Town Collector-Treasurer; a Surveyor of Highways; a full-time
professional Assessor who shall not be a member of the Board of Assessors; and a Water
and Sewer Superintendent. A Town ERgiReer and TewR PlanneF may also be appeiRted
by the TewR AdministratGF, subjeGt to the availability of 41i:ids. The Town Administrator
may also appoint other positions, subject to the availability of funds.
5-1-1The officers and multi-member bodies to be elected by vote of the Town shall be: a
Moderator; Nauset Regional School Committee member(s); a Board of Selectmen as
provided in Chapter Three; a Housing Authority; a Board of Health; a Board of Library
Trustees; aAd an Orleans School Committee; an Old Kings Highway Historic District
Committee; Town Constables; and a representative to the Barnstable County
Assembly of Delegates.
[THE CRC HAS ALSO VOTED FOR TERM LIMITS FOR THESE ELECTED
OFFICIALS. THE CRC WILL REVIEW ANY COUNTY OR STATE LAW THAT WOULD
PRECLUDE TERM LIMITS FOR SOME OF THESE ELECTED OFFICIALS. THIS
CHANGE WILL ALSO ADD NEW SECTIONS FOR THE NEWLY LISTED ELECTED
OFFICIALS]
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6-8 BOARD OF WATER AND SEWER COMMISIONERS
6-8-1 The provisions of Chapter 418 of the Acts of 1953 shall be modified by this Section
concerning all matters delineated herein. Effective July 1, 2009 after passage of a
Comprehensive Wastewater Management Plan by Town Meeting, the Board of Water
Commissioners will be disestablished and a new Board of Water and Sewer
Commissioners shall be established. Appointments to the Board of Water and Sewer
Commissioners shall be made in accordance with clause 6-8-2.
6-8-2 The Board of Selectmen shall appoint three members and two associate members of
the Board of Water and Sewer Commissioners for three-year overlapping terms. The
Board of Health and the Planning Board shall each appoint one member to the Board
of Water and Sewer Commissioners for three-year overlapping terms.
6-8-3 The Board of Water and Sewer Commissioners shall be responsible for all functions
cited in Chapter 418 of the Acts of 1953, except for the following functions vested in
the Board of Selectmen for which the Board of Selectmen shall consult with and
receive recommendations from the Board of Water and Sewer Commissioners:
establish water and sewer rates; contract with a municipality; acquire or take
resources, right-of-way or easements; issue bonds to defray development and
construction costs. In discharging its duties and responsibilities, the Board of Water
and Sewer Commissioners shall coordinate with the Town Administrator and receive
technical support from the Water/Sewer Superintendent(s). The Board of Water and
Sewer Commissioners shall set policy ensuring: 1) the adequate production and the
high quality of potable water; 2) development of a sewer works system consistent
with the Comprehensive Wastewater Management Plan and oversight of that system
when operational.
6-8-4 The Board of Water and Sewer Commissioners shall develop annual operating and
capital budget projections and Capital Improvements Plan projections for the Water
and Sewer Department. And make recommendations to the Town Administrator and
Board of Selectmen in accordance with Chapter 8 of this Charter.
[THIS IS A TOTAL REPLACEMENT OF SECTION 6-8]
7-8-2 One hundred registered voters of the Town may file with the Town
Clerk an affidavit containing the name of the officer sought to be recalled
and a statement of the grounds for recall. Once the names that
appear on 'Lille affidavit are certified by,Y -the Board of Registrars of
Voters, the Town Clerk shall thereupon deliver to the voter first named on
such affidavit a sufficient number of copies of petition blanks demanding
such recall. , . The
blanks shall be issued by the Town Clerk with the Town Clerk's signature
and official seal attached thereto. They shall be dated and addressed to
the Board of Selectmen, and shall contain the name of the person to whom
they are issued, the number of petitions so issued, the name of the person
whose recall is sought, the grounds for recall as stated in the affidavit, and
shall demand the election of a successor to such office.
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7-8-3 A GOPY ef the pefition shall be eRteFed in the TGwn Meeting FeGeFds. The recall petition
shall bear the signatures and residential addresses of at least fifteen percent of the
registered voters. The recall petition shall be returned to the Town Clerk within 20 working
days after the filing of the affidavit. The petitions containing the signatures requesting a
recall election need not all be submitted at the same time. A copy of the petition shall be
maintained in the recall election records.
8-1-6 It is the responsibility of the Finance Committee to independently examine and
analyze the Town's financial affairs, including proposed budgets, the Capital
Improvements Plan, and all other proposals which would have a financial impact;
and to inform the citizens of the Town of its findings and recommendations.
[THIS IS A NEW CLAUSE]
8-2-8 On or before January 15 of each year,the Town Administrator shall submit to the Board of
Selectmen and the Finance Committee a comprehensive budget for all Town functions
for the ensuing fiscal year and an accompanying budget message.
8-5-3 Sal-plan The Capital Improvements Plan shall include: (a) a clear summary of its
contents; (b) a list of all capital improvements proposed to be undertaken during the next
five fiscal years following the proposed capital budget, together with supporting data; (c)
cost estimates, methods of financing, and recommended time schedules; and (d)the
estimated annual cost of operating and maintaining the facilities or equipment to be
constructed or acquired. The above information may be revised and shall be extended
each year with regard to capital improvements pending or in the process of construction or
acquisition. Any entry in said Plan previously approved at Town Meeting that is
moved out more than one year shall be specifically noted and adjusted to reflect
changing economic conditions.
8-5-4 The Capital Improvements Plan shall be submitted to the Board of Selectmen DeGembe
January 15 of each year. The Board shall act thereon within thirty days and shall then
submit it any Plan revisions to the Finance Committee, which shall issue its
recommendation as part of the annual Finance Committee Report.
8-7-1 The Town Meeting shall act on the Capital Improvement Plan and budget, provided that
any article for capital improvements not in compliance with clause 8-5-1 shall require a
three-fourths majority vote of the Town Meeting. An article for capital improvements
shall be considered in compliance with clause 8-5-1 if it appeared in the Capital
Improvements Plan in the prior year and does not exceed the Capital Improvements
Plan estimated cost by more than twenty-five percent.
9-1-5 The Planning Board shall appoint one member of the Board of Water and Sewer
Commissioners, as provided in 6-8-2. [THIS IS A NEW CLAUSE]
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