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.[1] Such accountant or accountant firm shall be retained at a compensation determined by the Town Council.
[1]
Editor's Note: See C.G.S. § 7-391 et seq.
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.
[1]
Editor's Note: See also Ch. 101, Planning and Zoning Commission, for terms of members and for the panel of alternates.
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.
[1]
Editor's Note: See also Ch. 94, Parks and Recreation Commission; and Ch. 112, Recreation Department.
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.[2] The members shall serve without compensation. Their successors shall be appointed and any vacancies filled in accordance with §§ C410 and C411 of this Charter.
[1]
Editor's Note: See also Ch. 241, Inland Wetlands and Watercourses; Inland Wetlands and Watercourses Commission.
[2]
Editor's Note: See Ch. 241, Inland Wetlands and Watercourses; Inland Wetlands and Watercourses Commission.
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.