The members of the Town's Board of Selectmen
shall be and constitute the municipal officers of the Town of Wells
for all purposes required by law, and, except as otherwise herein
specifically provided, shall have all powers and authority given to,
and perform all duties required of municipal officers under the laws
of this state.
(1)
Composition. The Board of Selectmen shall be composed of five members, elected by secret ballot at the Annual Town Meeting, or, in the event of vacancy, as provided in Section 2.11(3) for staggered terms of three years.
(2)
Eligibility. In order to hold the office of Selectmen,
a person must be a resident of and a registered voter in the Town
for at least a total of three years.
Selectmen shall be compensated for services
in an amount to be approved by the voters at the Annual Town Meeting.
(1)
At its first meeting after the Annual Town Meeting,
the Board of Selectmen shall elect a Chairman and Vice-Chairman for
the ensuing year.
(2)
The Chairman shall preside at meetings of the Board
of Selectmen and shall be entitled to vote on Board matters.
(3)
The Vice-Chairman shall act as Chairman during the
absence of the Chairman.
(4)
The Chairmanship shall denote no other special authority.
(5)
The Chairman shall be recognized as the head of the
Town government for all ceremonial purposes, but shall have no administrative
duties.
All powers of the Town shall be vested in the
Board of Selectmen, except as otherwise provided by law or this Charter,
and the Board of Selectmen shall provide for the exercise thereof
and for the performance of all duties and obligations imposed on the
Town by law.
In addition to such other powers as may be conferred
upon them by law and by the Code of the Town of Wells, the Board of
Selectmen shall have the following powers and duties:
(1)
To appoint, suspend, and remove the Town Manager, but suspension or removal shall be in accordance with Section 5.04 of this Charter.
(2)
To create, by ordinance, such boards, commissions,
and committees as statute, ordinance, the Code of the Town of Wells
or this Charter may require, or, as the Selectmen in their discretion
deem necessary, and to dissolve, by ordinance, said boards, commissions,
and committees, unless otherwise prohibited by law.
(3)
To appoint, fill vacancies, and to remove for cause
after notice and hearing, all members of boards, commissions and committees
created by statute, ordinance, the Code of the Town of Wells, this
Charter or by Board of Selectmen action, unless otherwise provided
therein.
(4)
To enact, alter and repeal ordinances, codes, rules
and administrative policies; to adopt resolutions; and to issue proclamations
unless otherwise restricted by law or this Charter.
(5)
To, by ordinance, create, change and abolish offices,
and departments, other than the offices, and departments required
by law or this Charter. The Board of Selectmen, by ordinance, may
assign additional functions or duties to offices and departments established
by this Charter, but may not discontinue or assign to any other office
or department any function or duty assigned by this Charter to a particular
office or department.
(6)
To prepare, or provide for the preparation of, the
Warrants for the Annual Town Meeting and Special Town Meetings and
the Annual Town Report, and to set dates for Special Town Meetings.
(7)
To oversee, monitor, and account for all municipal
appropriations and to sign warrants authorizing all disbursement of
Town funds.
(8)
To set the salary of those officers, officials, and
employees of the Town who receive compensation, after reviewing the
recommendations of the Town Manager, department heads and/or the Personnel
Advisory Committee.
(9)
To enter into negotiations and approve contracts with
collective bargaining units representing Town employees.
(10)
To authorize all actions for the enforcement
of ordinances to be brought in the name of the Town.
(11)
To enter into and execute contracts on behalf
of the Town concerning matters authorized by this Charter, Town Meeting,
or otherwise by law, except as delegated to the Town Manager by the
Board of Selectmen.
(12)
To authorize all legal activity on behalf of
the Town.
(13)
To require, as deemed necessary, a bond from
a surety company for all persons entrusted with the collection, custody,
or disbursement of any Town monies or Town documents. The premium
payments on said bonds shall be paid by the Town.
(14)
To approve, adopt and fund all programs required
by state and federal laws.
(15)
To authorize the Tax Collector to accept prepayment
of taxes not yet committed for any fiscal year.
(16)
To set interest for any given year at a rate
authorized by the state for taxes not paid within 45 days following
each due date, and to set interest for any given year at a rate authorized
by the state that the Town must pay for overpayment of taxes.
(17)
To sell and convey tax-acquired property at
public auction and/or as otherwise prescribed by the Code of the Town
of Wells or determined by a vote of the Town Meeting, and to execute
and deliver quit-claim deeds, without covenant, for the conveyance
of such property and to provide for the removal of tax liens from
public records as justice may require, as they shall deem to be in
the best interests of the Town.
(18)
To accept gifts and donations to the Town. Such
gifts and donations shall be distributed in accordance with the donor's
intent.
(19)
Upon request of the municipal Treasurer, to
waive foreclosure of a tax lien on a specified property for a specified
tax year (with reference to the Tax Lien Certificate recorded in the
York County Registry of Deeds), in circumstances where the Board of
Selectmen determines it is in the best interest of the Town to waive
foreclosure because the risk of owning the property outweighs the
tax obligation when the costs of owning the property exceed the anticipated
taxes or value at auction. The tax lien mortgage, after the recording
of such waiver, shall then continue to be in full force and effect.
(State law reference: Enforcement of Lien on Real Estate, 36 M.R.S.A.
§ 944 et seq.)
(20)
To authorize, after one year but within three
years from the date of commitment of taxes, such reasonable tax abatement
as they consider proper to correct any illegality, error, or irregularity
in assessment. The municipal officers may not grant an abatement to
correct an error in the valuation of property. The Selectmen shall
also have the power, within three years from commitment, to abate
the real and personal taxes on the primary residence of any person
who, by reason of infirmity or poverty, is in their judgment unable
to contribute to the public charges. (State law reference: Abatement,
36 M.R.S.A. § 841 et seq.)
(21)
To expend during each fiscal year, up to $100,000
from the Undesignated Fund Balance to provide the Town's match to
federal, state and non-profit grants following a public hearing. These
funds cannot be used for additional personnel or land acquisition.
(22)
To provide for a review of this Charter at intervals
not to exceed 10 years; however, the Selectmen shall provide for a
review of this Charter within five years of its effective date.
Following the day of election or as soon thereafter
as practicable, all Selectmen members-elect shall be sworn to the
faithful discharge of their duties by the Town Clerk or by any other
person authorized to administer an oath.
The Board of Selectmen shall be the judge of the election and qualifications of its members and of the grounds for forfeiture of their office as set forth in Section 2.11(2), and for that purpose shall have the power to subpoena witnesses as provided in Section 13.04, administer oaths and require the production of evidence. A Selectman charged with conduct constituting grounds for forfeiture of his/her office shall be entitled to a public hearing on demand, and notice of such hearing shall be published in one or more newspapers of general circulation in the Town at least one week in advance of the hearing. Decisions made by the Board of Selectmen under this section shall be subject to review by the Superior Court.
(1)
Meetings. The Board of Selectmen shall meet regularly
at least once in every month at such times and places as the Board
of Selectmen may prescribe by rule. Special meetings may be held on
the call of the Chairman or of three or more members and, when practicable,
upon no less than 12 hours' notice, to each member. In the event of
an emergency meeting, local representatives of the media shall be
notified of the meeting, whenever practical, the notification to include
time and location, by the same or faster means used to notify the
Board of Selectmen. All meetings shall be public. However, the Board
of Selectmen may recess for the purpose of discussing in a closed
or executive session, limited to its own membership and the manager
or qualified officers and advisors concerned with the matter to be
discussed, any matter which qualifies under state statute, provided
that the general subject matter for consideration is expressed in
the motion calling for such session and that final action thereon
shall not be taken by the Board of Selectmen until the matter is placed
on the agenda.
(2)
Rules and minutes. The Board of Selectmen shall, by
resolution, adopt its own rules and order of business. The Town Manager's
office shall give notice of Board of Selectmen meetings to its members
and to the public, and shall keep minutes of its proceedings. Such
minutes shall be a public record.
(3)
Voting. Voting shall be by the ayes and nays and shall
be recorded in the minutes. Three members of the Board of Selectmen
shall constitute a quorum, but a smaller number may adjourn from time
to time and may compel the attendance of absent members in the manner
and subject to the penalties prescribed by the rules of the Board
of Selectmen. At least 12 hours' notice of the time and place of holding
such adjourned meetings shall be given to all members who were not
present at the meeting from which adjournment was taken and to the
public. No action of the Board of Selectmen, except as otherwise provided
in the second sentence of this subsection, shall be valid or binding
unless adopted by the affirmative vote of a majority of those members
of the Board of Selectmen in attendance.
(1)
Holding other office. Except where authorized by law,
no Selectman shall hold any other office or employment with the Town
during the term for which the Selectman was elected to the Board of
Selectmen, and no former Selectman shall hold any compensated employment
with the Town as an individual until one year after the expiration
of the term for which the Selectman was elected.
(2)
Appointments and removals. The Board of Selectmen
may express its views with the Town Manager pertaining to appointment
and removal of any Town administrative officers or employees whom
the Manager or any of his/her subordinates are empowered to appoint,
but neither the Board of Selectmen nor any of its members shall in
any manner dictate the appointment or removal of any such officers
and employees.
(3)
Interference with administration. The Board of Selectmen
or its members shall deal with Town officers and employees who are
subject to the direction and supervision of the Town Manager solely
through the Town Manager, and neither the Board of Selectmen nor its
members shall give orders to any such officer or employee, either
publicly or privately.
(1)
Vacancy. A vacancy in the Board of Selectmen shall
occur by one or more of the following means:
(a)
Nonacceptance;
(b)
Resignation;
(c)
Death;
(d)
Failure to qualify for the office within 10
days after written demand by the municipal officers;
(e)
Failure of the municipality to elect a person
to office;
(f)
Forfeiture of office;
(g)
Recall and removal; or
(h)
Any other manner authorized by law or this Charter.
(2)
Forfeiture of office. A Selectman shall forfeit his/her
position if the Selectman:
(3)
Filling of vacancies. If for any reason a vacancy shall exist in the membership of the Board of Selectmen for more than six months prior to the next regular municipal election, the vacancy shall be filled by a special election for the unexpired portion of the term. In the event such vacancy occurs less than six months prior to the next regular municipal election, the vacancy may be filled for the unexpired portion of the term by a special election to be called by the municipal officers. Any such special elections shall be conducted in accordance with the provisions of Article XI.
In addition to other acts required by law or
by specific provisions of this Charter to be enacted by ordinance,
those acts of the Board of Selectmen shall be by ordinance which:
(1)
Adopt or amend an administrative code;
(2)
Provide for a fine or establish a rule or regulation
by which a fine is imposed;
(3)
Adopt, with or without amendment, ordinances that
are proposed under the initiative power; and
(4)
Amend any of the following ordinances contained in the Code of the Town of Wells: Chapter 53 (Planning Board); Chapter 91 (Building Construction); Chapter 116 (Flood Management); Chapter 122 (Ground Water); Chapter 132 (Historic Preservation); Chapter 145 (Land Use); Chapter 201 (Streets and Sidewalks) and Chapter 202 (Subdivision of Land). Amendments to the ordinances referenced herein may only be made by the Selectmen if the Town Planner, the Code Enforcement Officer and a majority of both the Planning Board and Board of Appeals all concur that immediate action is required to provide clarity and/or guidance in the administration and/or enforcement of said ordinances. In all other circumstances, the adoption, amendment, revision or repeal of land use ordinances and/or any ordinances referenced in this subsection requires Town Meeting approval.
(1)
Form. Every proposed ordinance shall be introduced
for final consideration in writing and in the form required for final
adoption. No ordinance shall contain more than one subject which shall
be clearly expressed in its title. The enacting clause shall be "The
Town of Wells hereby ordains...". Any ordinance which repeals or amends
an existing ordinance or part of the Code of the Town of Wells shall
set out in full the ordinance, sections or subsections to be repealed
or amended, and shall indicate the matter to be omitted by enclosing
it in brackets or by strikeout type and shall indicate the new matter
by underscoring or by italics.
(2)
Procedure. An ordinance may be introduced by any Selectmen
at any regular or special meeting of the Board of Selectmen. The Town
Manager's office shall provide a copy to the Selectmen, shall post
a copy in a conspicuous place in the municipal office, and shall make
a reasonable number of copies available to the public. Before final
adoption, a notice setting out the time and place for a public hearing
thereon shall be published in a newspaper of general circulation.
The public hearing shall follow the publication by at least seven
days, may be held separately or in connection with a regular or special
Board of Selectmen meeting and may be adjourned from time to time.
All persons interested shall have an opportunity to be heard at the
public hearing. After the public hearing, the Board of Selectmen may
adopt the ordinance with or without amendment or reject it.
(3)
Effective date. Except as otherwise provided in this
Charter, every ordinance adopted by the Board of Selectmen shall become
effective at the expiration of 30 days after adoption or at any later
date specified therein. Any ordinance adopted by the Town Meeting
shall become effective immediately upon adoption.
[Amended 11-6-2012]
To meet a public emergency affecting life, health,
property or the public peace, the Board of Selectmen may adopt one
or more emergency ordinances in the form and manner prescribed for
ordinances generally, but such emergency ordinances may not levy taxes
or authorize the borrowing of money. An emergency ordinance may be
adopted with or without amendment or rejected, but the affirmative
vote of at least three members shall be required for adoption. It
shall become effective upon adoption or at such later time as it may
specify.
Every emergency ordinance shall automatically
stand repealed as of the 61st day following the date on which it was
adopted, but this shall not prevent reenactment of the ordinance in
the manner specified in this section if the emergency still exists.
An emergency ordinance may also be repealed by adoption of a repealing
ordinance in the same manner specified in this section for adoption
of emergency ordinances.
The Board of Selectmen, after input and recommendations
from the Planning Board, the Zoning Board of Appeals, the Town Planning
Office and/or the Town Code Enforcement Office, may amend previously
adopted standard codes of technical regulations (e.g., building codes,
electrical codes, plumbing codes) by reference thereto in an adopting
ordinance after a public hearing. The procedure and requirements governing
such an adopting ordinance shall be as prescribed for ordinances generally,
except that any moratorium shall be voted on at a Town Meeting according
to state law:
(1)
The procedures set forth in Section 2.13 for distribution and submission of copies of the ordinance shall be construed to include copies of the code of technical regulations as well as of the adopting ordinance; and
(2)
A copy of each adopted code of technical regulations as well as of the adopting ordinance shall be authenticated and recorded by the Town Clerk pursuant to Section 2.16(1). Copies of any adopted code of technical regulations shall be made available by the Town Clerk for distribution or for purchase at a price fixed by the Board of Selectmen.
(1)
Authentication and recording. The Town Clerk shall
authenticate by his or her signature and record in full in a properly
indexed book, kept for that purpose, all duly adopted ordinances and
resolutions.
(2)
Codification. The Board of Selectmen shall provide
for the preparation of a general codification of all Town ordinances
and resolutions having the force and effect of law. The general codification,
at least every 10 years, shall be adopted by the Board of Selectmen
by ordinance and shall be published promptly in bound, electronically
recorded, and/or loose-leaf form, together with this Charter and any
amendments thereto, and such codes of technical regulations and other
rules and regulations as the Board of Selectmen may specify. This
compilation shall be known and cited officially as the Code of the
Town of Wells. Copies of the Code of the Town of Wells shall be furnished
to Town officers, placed in libraries and public offices for free
public reference and made available for purchase by the public at
a reasonable price fixed by the Board of Selectmen.
(3)
Printing of ordinances and resolutions. The Board
of Selectmen shall cause each ordinance and resolution having the
force and effect of law and each amendment to this Charter to be printed
promptly following its adoption, and the printed ordinances, resolutions
and Charter amendments shall be distributed or sold to the public
at reasonable prices to be fixed by the Board of Selectmen. Following
publication of the Code of the Town of Wells and at all times thereafter,
the ordinances, resolutions and Charter amendments shall be printed
in substantially the same style as the Code then currently in effect
and shall be suitable in form for integration therein.
