[Adopted by Town Meeting 6-15-2005 by Art. 28]
Pursuant to Article VIII, Part 2, Section 1, of the Maine Constitution
and 30-A M.R.S.A. § 3001, the Town of Casco hereby establishes
a Planning Board. The Board which has been acting as the Planning
Board for the Town of Casco is hereby reestablished as the legal Planning
Board for the purposes of this article. The actions which the Board
took prior to the adoption of this article are hereby declared to
be the acts of the legally constituted Planning Board of the Town
of Casco.
A.
Members of the Planning Board shall be appointed by the municipal
officers and shall be sworn by the Clerk or other person authorized
to administer oaths.
B.
The Planning Board shall consist of five regular members and two
alternate members.
C.
The term of each member shall be three years, except the initial
appointments, which shall be one for one year, two for two years,
and two for three years, respectively. The term of office of an associate
member shall be three years.
D.
When there is a permanent vacancy, the municipal officers shall,
within 90 days of notification of such occurrence, appoint a person
to serve for the unexpired term. A vacancy shall occur upon the resignation
or death of any member, or when a member ceases to be a legal resident
of the Town, or when a member fails to attend four consecutive regular
meetings, or fails to attend at least 75% of all meetings during the
preceding twelve-month period. When a vacancy occurs, the Chair of
the Board shall immediately so advise the municipal officers in writing.
The Planning Board may recommend to the municipal officers that the
attendance provision be waived for cause, in which case no vacancy
will then exist until the municipal officers disapprove the recommendation.
The municipal officers may remove members of the Planning Board by
majority vote, for cause, after notice and hearing.
E.
Neither a municipal officer nor his or her spouse may serve as a
member or alternate member of the Board.
A.
The Planning Board shall elect a Chair and Vice Chair from among
its members. The Planning Board may either elect a Secretary from
among its members or hire or request the Town Manager to hire a non-Board
member to serve as Secretary. The term of all offices shall be one
year with eligibility for reelection.
B.
When a member is unable to act because of interest, physical incapacity,
absence or any other reason satisfactory to the Chair, the Chair shall
designate an alternate member to sit in his or her place.
C.
Any question of whether a particular issue involves a conflict of
interest sufficient to disqualify a member from voting thereon shall
be decided by a majority vote of the members present, except the member
who is being challenged.
D.
An alternate member is expected to attend all meetings of the Board
and may participate in its proceedings, but may make and second motions
and vote only when he or she has been designated by the Chair to sit
for a member.
E.
The Chair shall call at least one regular meeting each month, provided
there is business to conduct. Special meetings may be called at any
time by the Chair or by a majority of the members. Notice of regular,
special and emergency meetings shall be given in accordance with the
Maine Freedom of Access Act.[1]
[1]
Editor's Note: See 1 M.R.S.A. § 400 et seq.
F.
No meeting of the Planning Board shall be held without a quorum consisting
of three members or alternate members authorized to vote. No action
shall be taken by the Planning Board without at least three concurring
votes on the issue before the Planning Board.
G.
The Planning Board shall adopt rules and procedures for transaction
of business, and the Secretary shall keep a record of its resolutions,
transactions, correspondence, findings, and determinations. All records
shall be deemed public and may be inspected at reasonable times.
H.
The Planning Board shall file all rules, procedures (and subsequent
revisions) and decisions with the Municipal Clerk.
A.
The Planning Board shall perform such duties and exercise such powers
as are provided by Town of Casco ordinances and the laws of the State
of Maine.
B.
The Planning Board may obtain goods and services necessary to its
proper function within the limits of appropriations made for the purpose
by the legislative body of the municipality.
Should any section or provision of this article be declared
by the courts to be invalid, such decision shall not invalidate any
other section or provision of this article.
