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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. 1 110 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] 2 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. 3 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] 4