The Town Council shall, not later than two months after each
Town election, appoint a Town Attorney, who shall be an attorney-at-law
admitted to practice in this state. He shall appear for and protect
the rights of the Town in all actions, suits or proceedings brought
by or against it or any of its boards, officers, commissions or agencies.
He shall be the legal advisor to all Town officers, boards, commissions
or agencies in all matters affecting the Town, and shall upon written
request furnish them with a written opinion on any question of law
involving their respective powers and duties. Upon request, he shall
prepare or approve forms of contracts or other instruments to which
the Town is a party or in which it has an interest. He shall have
the power, with the approval of the Town Council, to compromise or
settle any claim by or against the Town. He shall be compensated on
either a retainer plus fee basis, or on a fixed salary basis, as determined
by the Town Council.
The Town Council shall annually designate an independent public
accountant, or firm of independent public accountants, in accordance
with the provisions of the General Statutes, to audit and to certify
to the financial records of the Town. The audit shall be made in accordance
with provisions of Chapter 111 of the General Statutes, as amended. Such accountant or accountant firm shall be retained at
a compensation determined by the Town Council.
The Zoning and Planning Commission as constituted on the effective
date of this Charter shall continue in existence but shall be renamed
the Planning and Zoning Commission. The Planning and Zoning Commission
shall consist of nine members. Appointments and terms shall be as
specified in §§ C410 and C411 of this Charter. This
Commission shall have all the powers and duties as set forth for municipal
zoning and planning commissions in Chapters 124 and 126 of the General
Statutes, as amended, and except as otherwise provided in this Charter.
The members shall serve without compensation. The Planning and Zoning
Commission shall refer any application which it receives involving
50 acres of land, or more, to the Town of Montville Conservation Commission
for its review and comment. The Planning and Zoning Commission shall
not take any action on any such application until such time as it
receives comments from the Conservation Commission or upon the expiration
of 30 days, whichever is earlier. Any comments received from the Conservation
Commission shall be given due consideration in any action taken on
such application by the Planning and Zoning Commission.
There shall be a Parks and Recreation Commission consisting
of nine members who shall be appointed by the Town Council. Their
successors shall be appointed and any vacancies filled in accordance
with §§ C410 and C411 of this Charter. This Commission
shall have the responsibility for the management, control and development
of the Town's parks and recreation facilities. The Commission
shall prepare the budget for the Recreation Department for submission
to the Director of Finance in accordance with this Charter. The Commission
shall prepare a plan of maintenance for the Town's parks and
recreation facilities in conjunction with the Director of Public Works.
The Mayor shall be responsible for the implementation of the maintenance
plan. The Commission shall be responsible for approving plans and
programs to fulfill the recreational needs of the residents of the
Town of Montville and for overseeing the implementation of these plans
and programs by the Recreation Department. The Commission is empowered
to approve agreements between the Recreation Department and the Board
of Education for use of facilities under the control of the Board
of Education. The Commission shall recommend not fewer than three
candidates for any vacancy in the position of Parks and Recreation
Director for selection by the Mayor and shall establish departmental
policies. The members shall serve without compensation.
There shall be established a Conservation Commission consisting
of five members and two alternates. All members of the presently constituted
Conservation Commission created by virtue of former Section 406 of
the Charter of the Town of Montville shall continue in office until
the expiration of their current terms. Upon expiration of such terms,
all subsequent appointments to the Conservation Commission shall be
for a term of two years. Appointments to the Conservation Commission
shall be made by the Town Council of the Town of Montville. The Conservation
Commission shall be responsible for the development, conservation,
supervision and regulation of natural resources, including water resources,
within the Town of Montville. The Conservation Commission shall develop
and periodically update the open space and conservation goals to be
accomplished in the Town of Montville and shall institute policies
and make recommendations which shall advance the achievement of these
goals. It shall keep an index of all open space areas, publicly or
privately owned, including open marsh lands, swamps and other wetlands,
for the purpose of obtaining information on the proper use of such
areas and may, from time to time, recommend to the Planning and Zoning
Commission of the Town of Montville and the Inland Wetlands and Watercourses
Commission of the Town of Montville programs for the development and
use of such areas. The Conservation Commission may, with the approval
of the Town Council, acquire land and easements in the name of the
municipality and promulgate rules and regulations including, but not
limited to, the establishment of reasonable charges for the use of
land and easements for any purpose delineated in Connecticut General
Statutes Section 7-131a. The Commission may receive gifts in the name
of the municipality for any of its purposes (other than gifts of real
property which shall require the consent of the Town Council before
acceptance) and shall administer the same for such purposes subject
to the terms of the gift. The Conservation Commission shall render
comments to the Planning and Zoning Commission on any development
occurring in the Town of Montville which exceeds 50 acres in size.
Notwithstanding the foregoing, if the Conservation Commission fails
to render comments to the Planning and Zoning Commission on any such
development within 30 days of the date of referral thereof by the
Planning and Zoning Commission to the Conservation Commission, the
Planning and Zoning Commission shall not be required to consider any
subsequent comments of the Conservation Commission. The Conservation
Commission shall be responsible for the administration of the Montville
nature center and for the preparation of a budget for submission to
the Town Council for the operation of the nature center and other
conservation activities in the Town of Montville.
There shall be established an Inland Wetlands and Watercourses
Commission. All members of the presently constituted Inland Wetlands
and Watercourses Commission shall remain in office until the expiration
of their current terms. Upon the expiration of such terms, all subsequent
appointments shall terminate as of the latest expiration date of the
last member or members appointed prior to January 1, 1996, resulting
in the expiration of all of the members' terms on the same date.
As of that date, a new Commission shall be appointed consisting of
seven members and two alternates, with three members appointed for
a three-year term, two members appointed for a two-year term, and
two members appointed for a one-year term. One alternate shall be
appointed for a one-year term, and one alternate shall be appointed
for a three-year term. Upon the expiration of such terms, all subsequent
appointments to the Inland Wetlands and Watercourses Commission shall
be for a term of four years. The Inland Wetlands and Watercourses
Commission shall perform all of the duties of an Inland Wetlands and
Watercourses Commission as set forth in Connecticut General Statutes
Sections 22a-36 to 22a-45 inclusive, as amended. Said Commission shall
further have the powers conferred by Sections 3, 4, 5 and 6 of Ordinance
No. O-B-1 adopted by the Board of Selectmen of the Town of Montville
on April 4, 1974, as amended by Ordinance No. O-E-1 adopted by the
Board of Selectmen of the Town of Montville on October 20, 1975. The members shall serve without compensation. Their successors
shall be appointed and any vacancies filled in accordance with §§ C410
and C411 of this Charter.
A. Commission established; general authority: There shall be established
in the Town of Montville a public Water and Sewer Commission, with
the authority to plan and direct the development, financing, construction
and operation of such water and sewerage supply, disposal and distribution
facilities as may be required to properly serve the needs of the Town.
The Water and Sewer Commission shall designate one of its members
a liaison to the Planning and Zoning Commission, and said liaison
shall be responsible for meeting with the Planning and Zoning Commission
not less often than semi-annually to coordinate policies. Said liaison
to the Planning and Zoning Commission shall be a member of the Water
and Sewer Commission other than the member who is also a member of
the Town Council. The members shall serve without compensation. At
such time as the Water and Sewer Commission created pursuant to this § C407
of the Montville Town Charter is empanelled, the Water and Water Pollution
Control Authority of the Town of Montville, as presently constituted,
shall cease to exist.
B. Members; appointment: The Water and Sewer Commission shall consist
of five members. All members of the presently constituted Water and
Water Pollution Control Authority created by virtue of Section 408
of the Montville Town Charter adopted in November 1990 shall continue
in office as Commissioners of the Water and Sewer Commission until
the expiration of their current terms. At all times, one and not more
than one member of the Water and Sewer Commission shall be an elected
member of the Town Council who shall be appointed by the Town Council
as a voting member of the Water and Sewer Commission. Upon the expiration
of the current term of each member of the Water and Sewer Commission,
successor members shall be appointed for a term of four years. Notwithstanding
the foregoing, if the Town Council designated member of the Water
and Sewer Commission ceases to be a member of the Town Council for
any reason, he shall, upon such date, cease to be a member of the
Water and Sewer Commission. In such event, the Town Council shall
appoint a replacement member of the Town Council as a voting member
of the Water and Sewer Commission for the remainder of such term.
The Mayor of the Town of Montville shall be an ex officio non-voting
member of the Water and Sewer Commission.
C. Powers with regard to sewers: The Water and Sewer Commission shall
be designated the Water Pollution Control Authority for the Town of
Montville and shall have all of the powers with regard to sewers as
such authority pursuant to Chapter 103 of the Connecticut General
Statutes.
D. Powers with regard to water: The Water and Sewer Commission shall
exercise all powers of the Town with respect to water pursuant to
Chapter 102 of the Connecticut General Statutes except those powers
with respect to bonding and use rate establishment which are specifically
reserved to the Town Council. With respect to water bonding and water
use rates, the Water and Sewer Commission shall make recommendations
for such bonding or the establishment of such rates to the legislative
body.
E. Powers with regard to administration of the Water and Sewer Departments:
The Water and Sewer Commission shall have jurisdiction and control
over all facilities owned and operated by the Town of Montville for
the supply and distribution of water to its residents and property
owners and for the collection and treatment of sewerage and commercial
and industrial wastes. The Commission shall establish all policies
for the operation of the Water and Sewer Departments of the Town of
Montville, and shall establish procedures for the collection and posting
of fees and assessments consistent with recommendations of the Town
Auditor.
F. Separate accounts and expenditures:
(1) A separate account shall be kept by the Commission for all funds
derived from the sewerage system which account shall in all respects
comply with the requirements of Connecticut General Statutes Section
7-268.
(2) A separate account shall be kept by the Commission for all funds
derived from the water works system which account shall in all respects
comply with the requirements of Connecticut General Statutes Section
7-240.
(3) The Commission shall be required to approve all expenditures, including
the purchase of commodities and services, of the Water and Sewer Departments
which exceed $5,000 per expenditure and shall adopt purchasing policy
rules and procedures.
G. Commission to cooperate with other agencies; accepting assistance:
The Commission shall cooperate with and obtain available assistance
from federal, state, regional and local agencies concerned with public
water and sewerage problems.
There shall be a Public Safety Commission consisting of seven
appointed members. Each regular member of the Public Safety Commission
appointed prior to the date of adoption of this Charter shall continue
to serve as a Commissioner for the balance of his term. At the first
meeting of the Town Council subsequent to the adoption of this section
of the Montville Town Charter, two additional members shall be appointed
to the Public Safety Commission to serve for a term which will expire
in the same year as the year of expiration of the Commissioner appointed
under original Section 409 for a one-year term. Upon the expiration
of such terms, all subsequent appointments shall be for a term of
three years. Their successors shall be appointed and any vacancies
filled in accordance with §§ C410 and C411 of this
Charter. The members shall serve without compensation. The purpose
of this Commission is to develop, coordinate and maintain the Department
of Public Safety which shall consist of the following: Police Department
(if applicable), Town Constables, resident state trooper, Fire Department,
Fire Marshal, Town of Montville emergency dispatchers, Dog Warden,
Department of Civil Preparedness, Hazardous Material Committee, and
the Building Department which is described in § C608 of
this Charter. The Commission shall meet publicly not less than once
each month. It shall prepare the annual budget of these departments
for submission to the Director of Finance, and the administrative
policy. The administrative policy shall be submitted to the Town Council
for approval. The Public Safety Commission shall recommend to the
office of the Mayor not fewer than three qualified candidates for
each departmental vacancy. The Mayor shall fill the vacancy from the
recommended candidates. For the purposes of this Charter, the following
positions shall be considered department heads as of the date of adoption
of this Charter: Fire Marshal, Dog Warden, Director of Civil Preparedness,
and the Building Inspector. The Town Council may by ordinance designate
additional positions as department heads as required by the needs
of the Town. The Commission shall prepare and maintain a public safety
coordination plan. The Mayor shall act as the Chief of Police until
such time as the Town Council creates a Police Department. The Mayor
shall be responsible for performing all duties customarily performed
by a chief of police and shall be required to fulfill his duties in
accordance with the administrative policy established by this Commission
and adopted by the Town Council. The Mayor shall further act as the
traffic authority for the Town of Montville.
The Town of Montville shall, at all times, employ a Town engineer.
This requirement may be satisfied by either (i) hiring a full-time
employee of the Town or (ii) entering into a contractual agreement
with an engineering consulting firm for the provision of engineering
services to the Town of Montville on an as-needed basis. Any vacancy
in this position shall be filled by the Town Council within 60 days.
Qualifications for the Town Engineer shall be determined by the Town
Council, which shall hire, establish the compensation for and have
authority to remove the Town Engineer for cause. The Town Engineer
shall be responsible for all engineering work for the Town and shall
coordinate all activities with the Mayor. The Town Engineer shall
be responsible for reviewing all plans, proposed developments and
as-built drawings, including, but not limited to, water, sanitary
sewers, storm sewers, building construction, repair and rebuilding
of roads and bridges and all preliminary and final inspections of
all engineering work. The Town Engineer will work for and be directly
responsible to the Town Council. The Town shall be required to obtain
engineering review of any capital project involving the Town's
infrastructure, the cost of which exceeds $10,000.
In making appointments and removals, the Town Council shall
act by the affirmative vote of at least a majority of all its members.
All of the officers and members of boards and commissions contained
in this article, or subsequently created under this Charter, except
that of Auditor, Town Attorney, and Town Engineer, shall be electors
of the Town at the time of their appointments and during their terms
in office. Except as otherwise provided in this Charter, terms and
number of members of boards and commissions shall be established by
ordinance, except that no term shall exceed five years. Appointment
of the same person to more than one board and/or commission at the
same time shall be at the discretion of the Town Council. Except as
otherwise provided in this Charter, the Town Council may remove for
improper performance of his duties, for malfeasance or misfeasance
in office or other proper cause, any officer or employee appointed
by it, provided the officer or employee shall have been served with
a written notice of intention of the Town Council to remove him, containing
a clear statement of the grounds for such removal and of the time
and place, not less than 10 nor more than 30 days after service of
such notice, at which he shall be given an opportunity to be heard
thereon. After such hearing, which shall be public at the option of
the officer or employee, and at which he may be represented by counsel,
at which time the Town Council shall render a decision.
Except as otherwise provided in this Charter, the Town Council
may appoint members to fill vacancies as may occur on boards and commissions
established by this Charter and by ordinance, and appoint members
to such boards and commissions as may be created in the future.
There shall be such other commissions, boards, departments and
agencies as the Town Council may determine by ordinance, provided
that the appointing authority for all employees in the classified
service shall be the Mayor. Appointments made by the Town Council
shall be for terms as specified in §§ C410 and C411
of this Charter, and upon such conditions as may be provided in the
respective ordinances.