TOWN OF KITTERY, MAINE
Phone: 207-439-1633 ext 329
Fax: 207-439-6806
BOARD/COMMITTEE NAME: CONSERVATION COMMISSION
# APPOINTED ON BOARD/COMMITTEE: 7 Regular, Unlimited number of associates
TYPE OF BOARD/COMMITTEE:
STAFF PERSON ASSIGNED:
MEETING DATE AND TIME: 1st and 3rd Thursday at 5:30 p.m.
Chapter 2.12
CONSERVATION COMMISSION
Sections:
2.12.010 Appointment--Purpose.
2.12.020 Duties.
2.12.030 Powers.
2.12.040 Membership.
2.12.010 Appointment--Purpose.
Pursuant to the provisions of Title 30-A, MRSA Section 3261, the town council shall appoint a conservation commission for the protection and use of the natural resources located within the territorial limits of the town. (Ord. 4-92 § 2: Ord. 2-92 § 2: prior code § 2-2 (part))
2.12.020 Duties.
The Commission shall:
A. Keep an index of all open areas within the municipality, whether publicly or privately owned, including open marshlands, swamps and other wetlands, for the purpose of obtaining information relating to the proper protection, development or use of those open areas.
The Commission may recommend to the municipal officers or any municipal body or board, or any body politic or public agency of the state, a program for the better protection, development or use of those areas, which may include the acquisition of conservation easements;
B. Conduct research, in conjunction with the planning board, into the local land areas;
C. Keep records of its meetings, finances and activities and make an annual report to the municipality; and
D. Seek to coordinate the activities of conservation bodies organized for similar purposes. (Ord. 4-92 § 3: Ord. 2-92 § 3: prior code § 2-2 (part))
2.12.030 Powers.
The Commission may:
A. Make recommendations for use of land to the planning board and park commission;
B. Prepare and print books, charts, maps, and plans as it deems necessary;
C. Serve as an advisory body to the public works department to review and advise, at least twice a year, at the call of the town manager, in conjunction with the management plan and maintenance of public parks and shade trees in public parks;
D. With the approval of the majority of the Kittery town council, receive gifts in the municipality's name for any of the Commission's purposes and shall administer the gift for those purposes, subject to the terms of the gift; acquire land or easements and trusts, and accept gifts of land or money or easements, for conservation purposes; and
E. Develop and implement a management plan for Rogers Park with approval of the Kittery town council. (Ord. 4-92 § 4: Ord. 2-92 § 4: Ord. 2-91; prior code § 2-2 (part))
2.12.040 Membership.
A. The municipal officers may appoint at least three, but not more than seven, Conservation Commission members. The Commission members shall be selected from the qualified resident voters of the town. Members shall initially be appointed for terms of one, two and three years, such that the terms of approximately one third of the members will expire each year. Their successors shall be appointed for terms of three years each. Members shall serve until their successors are appointed and qualified.
B. The Commission may recommend to the municipal officers that associate members be appointed to assist the Commission as the Commission requires. Associate members are nonvoting members, except when a quorum is absent. Their terms of office shall be for one, two or three years. Associate members shall be selected from the qualified resident voters of the town. (Ord. 4-92 § 5: Ord. 2-92 § 5: Ord. 7-88; prior code § 2-2 (part))
TOWN OF KITTERY, MAINE
Phone: 207-439-1633 ext 329
Fax: 207-439-6806
BOARD/COMMITTEE NAME: PARKS COMMISSION
# APPOINTED ON BOARD/COMMITTEE: 7 Regular Members, 2 alternates
TYPE OF BOARD/COMMITTEE: Advisory
STAFF PERSON ASSIGNED: Town Manager
MEETING DATE AND TIME: 2nd Thursday of each month at 5:30 p.m.
Chapter 2.13
PARKS COMMISSION
Sections:
2.13.010 Purpose.
2.13.020 Duties.
2.13.030 Powers.
2.13.040 Membership.
2.13.010 Purpose.
The town council may appoint a parks commission to provide ongoing citizen recommendations relating to the improvements or development of town-owned property that is or is likely to be developed into town parks to insure the preservation, beauty and protection of these most valuable sites. (Ord. 7-99 (part))
2.13.020 Duties.
The Commission shall:
A. Recommend to the town council an overall park management plan for the identification, protection, development or use of park lands and facilities;
B. Meet with the town manager to review and advise, at least twice a year, on the status and progress of the park management plan and other pertinent issues;
C. Coordinate its activities with those of the park, recreation, school and conservation bodies organized for similar purposes;
D. Keep records of Commission finances and activities, post agendas and minutes of meetings and make an annual report to the municipality;
E. Assure that any recommended changes affecting municipal park properties are made in conjunction with the conservation commission;
F. Formulate a Commission budget to be presented to the town council for approval. (Ord. 7-99 (part))
2.13.030 Powers.
The Commission may:
A. Make recommendations for use of the parks and park facilities to the town manager and Commission or the planning board;
B. Prepare and print books, maps and plans as it deems necessary;
C. With the approval of the majority of the town council, apply for grants or receive gifts in the municipality's name for any of the Commission's purposes and to administer these grants or gifts for those stated purposes, as specified by the terms of the grant or gift consistent with all appropriate state statutes;
D. Make recommendations to the town council for revisions to the park fee policy and rate schedules. (Ord. 7-99 (part))
2.13.040 Membership.
A. The Commission consists of seven members, qualified under Section 2.07(2) of the town charter, who have demonstrated an interest in the town parks and facilities. Members shall initially be appointed for terms of one, two and three years, such that the terms of approximately one third of the members will expire each year. Their successors will be appointed for terms of three years each.
B. The Commission may recommend to the municipal officers that associate members be appointed to assist the Commission, as the Commission requires. Associate members are nonvoting members except when a quorum is absent. Their terms of office shall be for one, two or three years. Associate members shall be selected from the qualified resident voters of the town. (Ord. 7-99 (part))
TOWN OF KITTERY, MAINE
Phone: 207-439-1633 ext 329
Fax: 207-439-6806
BOARD NAME: BOARD OF TRUSTEES OF TRUST FUNDS
# APPOINTED ON BOARD: 3, with Town Clerk and Council Chair as ex-officio members
TYPE OF BOARD:
STAFF PERSON ASSIGNED: Town Clerk
MEETING DATE AND TIME: Quarterly
Chapter 2.16
BOARD OF TRUSTEES OF TRUST FUNDS
Sections:
2.16.010 Created--Duties.
2.16.020 Membership.
2.16.010 Created--Duties.
A board of trustees of trust funds is created to have the care and management of the Mary Safford Wildes Estate, or any other similar funds. (Prior code § 8-2(a))
2.16.020 Membership.
The board shall consist of five members, the chairperson of the town council and the town clerk to be ex officio members and the clerk to be treasurer of said fund, and three additional members to be appointed by the moderator for one, two and three years respectively; and hereafter each year one member is to be appointed by the majority vote of the Kittery town council for a three-year term and thereafter for successive three-year terms. In the event that the office of trustee shall become vacant for any reason, the Kittery town council by majority vote shall fill such vacancy for the unexpired term thereof. (Prior code § 8-2(b))
TOWN OF KITTERY, MAINE
Phone: 207-439-1633 ext 329
Fax: 207-439-6806
BOARD NAME: PERSONNEL BOARD
# APPOINTED ON BOARD: 5 with two alternates
TYPE OF BOARD:
STAFF PERSON ASSIGNED: Town Manager
MEETING DATE AND TIME: As needed
Chapter 2.20.030 -B
Personnel Board Established--Composition--Qualifications, Terms, Removal, Compensation of Members--Filling of Vacancies--Duties Generally. A personnel board is established, consisting of five members appointed by the town council. No member of the board shall be employed by the town, nor hold or be a candidate for any elective office. Each member of the board shall serve a term of three years; provided, however, that of the members originally appointed, one shall serve for a term of one year, two for a term of two years, and two for a term of three years. All terms expire on the same date in their respective years. Members serve conditioned only upon good behavior and may be removed for cause after notice and hearing. However, no member of the personnel board may serve for more than two consecutive three-year terms. Vacancies occurring
during a term are filled by the town council for the balance of the term. Members of the board serve without compensation, but funds will be provided for reasonable and necessary expenses. The board elects its own chairperson. In addition to the duties set forth elsewhere in this chapter, the board shall:
1. Advise the town manager on matters of personnel policy and problems of personnel administration, including the development of personnel rules, a job classification plan, and a uniform pay plan;
2. Represent the public interest in the improvement of personnel administration in the town service;
3. Make any inquiry which it may consider desirable concerning personnel administration in the town service, and make advisory recommendations to the town manager, with respect thereto.
C. Personnel Board Responsible for Hearing Grievances. The personnel board is responsible for hearing grievances involving employees covered by this chapter in the manner and under the provisions specified by this chapter.
D. Opinions and Decisions of Personnel Board. All opinions and decisions issued by the personnel board are advisory in nature and are issued to the town manager and to the employee(s) requesting the grievance hearing or separation/demotion hearing.
E. Function of Personnel Board Generally. It is not the personnel board's function to exclusively represent the interests of the employee or the employer; it is the board's function to fairly and impartially represent the interests of both parties and to clearly and continually work for the development of mutual respect, understanding, and cooperation between the parties. (Ord 3-00 (part): prior code § 91Committee2-3)
TOWN OF KITTERY, MAINE
Phone: 207-439-1633 ext 329
Fax: 207-439-6806
BOARD NAME: Port Authority
# APPOINTED ON BOARD: 7
TYPE OF BOARD:
STAFF PERSON ASSIGNED:
MEETING DATE AND TIME: 1st Thursday of the month at 7:00 p.m.
Article IX. Port Authority
There shall be a port authority as provided by special Maine statutes as amended.
Editor's note--The Town of Kittery Port Authority was established by P. & S.L. 1961, Ch. 163, as amended; article IX of the charter is maintained as it was enacted. As you will note, there are no sections designated within the article.
16.04.060 Port authority.
A. Establishment. The Kittery port authority, hereinafter also known as KPA, was established by the 100th Legislature of the State of Maine, HP 682, Document 960, as amended.
B. Appointment and Composition. As provided in the legislative document.
C. Powers and Duties. As provided in the legislature document
D. Water Area Development Powers and Duties.
1. The KPA shall provide advice to the planning board on development applications dealing with piers, docks, wharfs, marinas and other uses projecting into water bodies.
2. Where KPA review is required, such review must be completed prior to planning board review.
3. When a Kittery comprehensive harbor plan is completed, this code shall be reviewed for amendment to further define KPA's role under this title. (Land use and dev. code § 1.6, 1994)
TOWN OF KITTERY, MAINE
Phone: 207-439-1633 ext 329
Fax: 207-439-6806
BOARD NAME: Zoning Board of Appeals
# APPOINTED ON BOARD: 7
TYPE OF BOARD:
STAFF PERSON ASSIGNED: Code Enforcement Officer
MEETING DATE AND TIME: 2nd and 4th Tuesdays at 7:00 p.m.
16.04.050 Zoning board of appeals.
A. Appointment and composition.
1. The zoning board of appeals, hereinafter also known as ZBA, is established by the Kittery Town Charter, Article VIII, Section 8.04, and other Maine Statutes (MRSA Title 30-A, paragraph 2691).
2. Appointments to the zoning board of appeals shall be made by the town council.
3. The ZBA shall consist of seven members, who shall be residents of Kittery, serving staggered terms of three years. The number of consecutive terms by any board member is limited by Sec. 8.04(3) of the Town Charter. The ZBA shall elect annually a chairperson and secretary from its membership. The secretary shall provide for the keeping and maintaining of a permanent record of all board meetings of the ZBA, and shall show the vote of each member upon each question. All records of the ZBA are public record, except as excluded under the Maine Freedom of Access (Right to Know) statute. A quorum consists of four members. All decisions shall be made by a minimum of four like votes, except on procedural matters.
4. A municipal officer or spouse thereof may not serve as a member of the ZBA.
5. 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.
6. A member of the ZBA may be dismissed for cause by the municipal officers before the expiration of such member's term after notice and hearing.
7. When a vacancy occurs, short of completion of a term, the town council shall appoint a person to the vacated seat for the unexpired portion of the term.
B. Powers and Duties.
1. An agenda shall be prepared for each meeting. Appellants/requestors may be placed on the agenda in the order that their applications are considered complete by the code enforcement officer. Drawings and information must be available to ZBA members at least two weeks before the appellant/requestor is to appear before the ZBA. Ten sets of all submissions are required.
2. The ZBA shall review appeals in the following petition categories:
a. Administrative Appeals. To hear and decide where it is alleged there is an error in any order, requirement, decision or determination made by the code enforcement officer in the enforcement of this title. The action of the code enforcement officer may be upheld, modified or reversed by the ZBA.
b. Variance Appeals. To hear and decide, upon appeal, in specific cases such variance from the terms of this title as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provision of this title would result in unnecessary hardship. In granting any variance, the ZBA shall prescribe conditions and safeguards as are appropriate under this title. In accordance with MRSA, Title 30-A, paragraph 4353(4), or subsequent amendments or revisions thereto, variance may only be granted where:
i. Such hardship exists that the land in question cannot yield a reasonable return unless the variance is granted; and
ii. Such hardship is due to the unique circumstances of the property and not to the general conditions of the neighborhood; and
iii. Granting of such variance will not alter the essential character of the locality; and
iv. Such hardship is not the result of action taken by the applicant or prior owner.
c. Miscellaneous Appeals. To hear and decide those appeals specifically mentioned herein, to permit variations in:
i. Nonconformance as prescribed in Article III of Chapter 16.28, Nonconformance;
ii. Standards contained in Article XI of Chapter 16.32 or Section 16.32.630;
iii. To permit variations in non-subdivision right-of-way widths.
3. The ZBA may only grant zoning special exceptions which are specifically authorized by Chapter 16.12; decide such questions as are involved in determining whether such special exceptions should be granted; and, establish conditions and safeguards as are appropriate under this code, or to deny such special exceptions, when not in harmony with the purposes and intent of this code and the Kittery comprehensive plan(s). (Ord. 19-99: land use and dev. code § 1.5, 1994)
TOWN OF KITTERY, MAINE
Phone: 207-439-1633 ext 329
Fax: 207-439-6806
BOARD NAME: Town Council
# APPOINTED ON BOARD: 7
TYPE OF BOARD:
STAFF PERSON ASSIGNED: Town Manager
MEETING DATE AND TIME: 2nd and 4th Mondays of each month
Article II. Town Council
Sec. 2.01. Officers.
The members of the town council shall be and constitute the municipal officers of the Town of Kittery for all purposes required by statute, 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.
Sec. 2.02. Composition and eligibility.
(1) Composition. The town council shall be composed of 7 members, elected at large by the qualified voters of the town.
(2) Eligibility. Only qualified voters who at all times during their term of office shall be and remain residents of the town, shall be eligible to hold the office of councilor. (Amended by vote of the people 10-4-94)
Sec. 2.03. Election and terms.
The regular election of council members shall be held each year in the manner provided in Article X.
Each member shall be elected for a term of 3 years and shall serve until his successor is elected and qualified, except that, at the first election after adoption of this charter, the 3 members-elect receiving the largest number of votes shall serve until October of 1970, the 2 members-elect receiving the next largest number of votes shall serve until October of 1969, and the 2 members-elect receiving the next largest number of votes shall serve until October of 1968. In case any candidates receive an equal number of votes, their relative positions shall be determined by lot. (Amended by vote of the people 10-4-94)
Sec. 2.03-A. Recall.
(1) Applicability. A member of the town council may be recalled and removed from office by the qualified voters of the Town as hereinafter provided. (Added by vote of the people 6-11-02)
(2) Petition by voters. On the written petition of a number of voters equal to at least 15% of the number of qualified voters registered at the time of the most recent municipal regular election, the town council shall, by order, provide for a special recall election as hereinafter provided. (Added by vote of the people 6-11-02)
(3) Petition procedure; procedure after filing. Petition procedures shall be those set forth in 30-A, MRSA, Sec. 2102, subsections 3 and 4, or any successor statute, except:
(a) The required wording in subsection 3.B.(1) shall be as follows:
"Town of Kittery"
"Each of the undersigned voters respectfully requests the town council to provide for a special election on the question of recalling and removal of (insert name and address) from the office of town councilor." (Added by vote of the people 6-11-02)
(b) This required wording is to be followed by a statement of the reason(s) why recall and removal is sought. (Added by vote of the people 6-11-02)
(c) Any notice required to be furnished to the petitioners' must also be given the councilor whose recall is sought, by the same means and in the same time frame. (Added by vote of the people 6-11-02)
(4) Calling of election. Within 20 days of receiving the clerk's certificate of sufficiency, or of the town council's determination of sufficiency, the council shall, by order, call for a special election on the recall question, such election to be held not earlier than 45 days nor later than 60 days after the order. (Added by vote of the people 6-11-02)
(5) Form of ballot. The question submitted to the voters shall be in substance as follows:
"Do you favor recalling and removing (name and address)
from the office of town councilor?" YES NO
(Added by vote of the people 6-11-02)
(6) Count of ballot. For any councilor to be recalled and removed from office, both the following criteria must be satisfied:
(a) The majority of valid votes cast must favor recall and removal.
(b) The total number of valid votes cast must equal or exceed 40% of the number of voters registered at the time of the most recent municipal regular election. (Added by vote of the people 6-11-02)
(7) Limitation on recall. During the first 6 months of any term, no councilor shall be subject to a recall election nor shall a councilor be subject to more than 2 recall elections in any term. (Added by vote of the people 6-11-02)
Sec. 2.04. Compensation; expenses.
Council members shall each be entitled to receive $20.00 for each regular and/or special meeting attended, plus their actual and necessary expenses. Such compensation may be changed by ordinance, but no ordinance increasing such compensation shall become effective until the date of commencement of the terms of the councilors elected at the next regular election, provided that such election follows the adoption of such ordinance by at least 6 months. (Ord. No. 1-74, 3-11-74; amended by vote of the people 10-4-94; amended by vote of the people 6-11-02)
Sec. 2.05. Chairperson.
(1) Election. At its first meeting or as soon thereafter as practicable, the council shall elect, by majority vote of the entire seven-member council, one of its members to serve as chairperson for the ensuing year.
(2) Vacancy. The council shall fill any vacancy that may occur in the office of chairperson, from among its members, for the unexpired term by a majority vote of the council. In the temporary absence or disability of the chairperson, the council may elect from among its members, a chairperson pro tempore who shall exercise all the powers of the chairperson during such temporary absence or disability of the chairperson.
(3) Duties. The chairperson shall preside at meetings of the council, shall be recognized as the head of the town government for all ceremonial purposes and be the Governor for purposes of military law, but shall have no administrative duties. The chairperson shall be entitled to vote on council matters and that vote shall be counted as a vote of the other members of the council. (Amended by vote of the people 10-4-94)
Sec. 2.06. General powers and duties.
All powers of the town shall be vested in the council, except as otherwise provided by law or this charter, and the council shall provide for the exercise thereof and for the performance of all duties and obligations imposed on the town by law.
Sec. 2.07. Enumeration of powers.
(1) The council shall have the power to appoint, suspend, and remove the town manager, but suspension or removal shall be in accordance with Section 3.02 of this charter. The council shall have the power to appoint, and to remove for cause after notice and hearing, all members of boards created by statute, ordinance, this charter or by council action unless otherwise provided therein. (Amended by vote of the people 6-11-02)
(2) All appointments of voting members, regular and/or ad hoc, shall be made from among the qualified resident voters of the town and each appointee during term of office must remain a qualified resident voter in order to retain appointment. Applicants for the planning board, zoning board of appeals, and cable TV rate regulation board must be interviewed by the council, with at least a quorum present, before any vote is taken by the council on the appointment. (Amended by vote of the people 6-11-02)
(3) The council shall have the power to enact, alter and repeal ordinances; adopt resolutions, codes and rules; and issue proclamations.
(4) The council shall have the power to, by ordinance, create, change and abolish offices, departments and agencies, other than the offices, departments and agencies established by this charter. The council, by ordinance, may assign additional functions or duties to offices, departments or agencies established by this charter, but may not discontinue or assign to any other office, department or agency any function or duty assigned by this charter to a particular office, department or agency.
(5) The council shall provide for an independent annual audit of all town accounts and may provide for such additional audits as it deems necessary. Such audits shall be made by the State Department of Audit or by a certified public accountant or firm of such accountants who have no personal interest, direct or indirect, in the fiscal affairs of the town government or any of its offices.
(6) The council shall provide for a review of the town charter at intervals not to exceed 10 years. (Amended by vote of the people 10-4-94)
Sec. 2.08. Induction of council into office.
At the next regular meeting following the day of election, or as soon thereafter as practicable, all council 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. (Amended by vote of the people 10-4-94)
Sec. 2.09. Judge of qualifications.
The council 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 2.12, subsection 2, and for that purpose shall have the power to subpoena witnesses as provided in section 12.03, administer oaths and require the production of evidence. A council member charged with conduct constituting grounds for forfeiture of his 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 council under this section shall be subject to review by the Superior Court.
Sec. 2.10. Procedure.
(1) Meetings. The council shall meet regularly at least once in every month at such times and places as the council may prescribe by rule. Special meetings may be held on the call of the chairperson or of 4 or more members and, when practicable, upon no less than 12 hours' notice, to each member. All meetings shall be public. However, the council 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 council until the
matter is placed on the agenda.
(2) Rules and journal. The council shall, by resolution, adopt its own rules and order of business. The town clerk or deputy town clerk shall give notice of special council meetings to its members and to the public, and shall keep a journal of its proceedings. This journal shall be a public record.
(3) Voting. Voting, except on procedural motions, shall be by roll call and the ayes and nays shall be recorded in the journal. Four members of the council 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 council. 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 council, except as otherwise provided in the 2nd sentence of this subsection and in section 2.12, subsection 3, shall be valid or binding unless adopted by the affirmative vote of 4 or more members of
the council. (Amended by vote of the people 10-4-94)
Sec. 2.11. Prohibitions.
(1) Holding other office. Except where authorized by law, no councilor shall hold any other office or employment with the school department or in a town department during the term for which the councilor was elected to the council, and no former councilor shall hold any compensated appointive town or school office or employment until one year after the expiration of the term for which the councilor was elected.
(2) Appointments and removals. The council may express its views and fully and freely discuss with the manager anything pertaining to appointment and removal of any town administrative officers or employees whom the manager or any of his subordinates are empowered to appoint, but neither the council 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 council or its members shall deal with town officers and employees who are subject to the direction and supervision of the manager solely through the manager, and neither the council nor its members shall give orders to any such officer or employee, either publicly or privately. This subsection does not prevent the town council from appointing s or s of its own members or of citizens to conduct investigations into the conduct of any official or department, or any matter relating to the welfare of the town. (Amended by vote of the people 10-4-94)
Sec. 2.12. Vacancies; forfeiture of office; filling of vacancies.
(1) Vacancies. A vacancy in a council office shall occur by one or more of the following means:
(a) Non acceptance;
(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 councilor shall forfeit office if the councilor:
(a) Lacks any qualification for the office prescribed by this charter or by law,
(b) Violates any express prohibition of this charter,
(c) Is convicted of a crime involving moral turpitude, or
(d) Fails to attend 3 consecutive regular meetings of the council without being excused by the council.
(3) Filling of vacancies. If for any reason a vacancy shall exist in the membership of the town council more than 6 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 6 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 X. (Amended by vote of the people 10-4-94; amended by vote of the people 6-11-02)
Sec. 2.13. Action requiring an ordinance.
In addition to other acts required by law or by specific provisions of this charter to be done by ordinance, those acts of the town council shall be by ordinance which:
(1) Adopt or amend an administrative code or establish, alter or abolish any town department, office or agency;
(2) Provide for a fine or establish a rule or regulation by which a fine is imposed;
(3) Adopt with or without amendment ordinances proposed under the initiative power; and
(4) Amend or repeal any ordinance previously adopted, except as otherwise provided in Article XI with respect to repeal of ordinances reconsidered under the referendum power.
Acts other than those referred to in the preceding paragraph of this section may be done either by ordinance or by resolution. (Amended by vote of the people 6-11-02)
Sec. 2.14. Ordinances in general.
(1) Form. Every proposed ordinance shall be introduced 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 Kittery hereby ordains...". Any ordinance which repeals or amends an existing ordinance or part of the town code shall set out in full the ordinance, sections or subsections to be repealed or amended, and shall indicate matter to be omitted by enclosing it in brackets or by strikeout type and shall indicate new matter by underscoring or by italics.
(2) Procedure. An ordinance may be introduced by any member at any regular or special meeting of the council. The town clerk shall provide a copy to each council member and to the manager and shall make a reasonable number of copies available in the office of the town clerk, and shall publish in a newspaper of general circulation in the town a notice setting out the time and place for a public hearing thereon. The public hearing shall follow the publication by at least 7 days, may be held separately or in connection with a regular or special council meeting and may be adjourned from time to time. All persons interested shall have an opportunity to be heard at the hearing. After the hearing, the council may adopt the ordinance with or without amendment or reject it.
(3) Effective date. Except as otherwise provided in this charter, every adopted ordinance shall become effective at the expiration of 30 days after adoption or at any later date specified therein.
Sec. 2.15. Emergency ordinances.
To meet a public emergency affecting life, health, property or the public peace, the council 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 except as provided in section 6.10, subsection 2. An emergency ordinance may be adopted with or without amendment or rejected, but the affirmative vote of at least 5 members shall be required for adoption. It shall become effective upon adoption or at such later time as it may specify.
Every emergency ordinance, except one made pursuant to section 6.10, subsection 2, 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.
Sec. 2.16. Codes of technical regulations.
The council may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. The procedure and requirements governing such an adopting ordinance shall be as prescribed for ordinances generally, except that:
(1) The requirements of section 2.14 for distribution and filing 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 2.17, subsection 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 council.
Sec. 2.17. Authentication and recording; codification; printing.
(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 the purpose all ordinances and resolutions adopted by the council.
(2) Codification. Within 3 years after adoption of this charter and at least every 10 years thereafter, the council 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 shall be adopted by the council by ordinance and shall be published promptly in bound 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 council may specify. This compilation shall be known and cited officially as the Kittery Town Code. Copies of the code 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 council.
(3) Printing of ordinances and resolutions. The council 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 council. Following publication of the first Kittery Town Code 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.
TOWN OF KITTERY, MAINE
Phone: 207-439-1633 ext 329
Fax: 207-439-6806
BOARD/COMMITTEE NAME: Superintending School Committee
# APPOINTED ON BOARD/COMMITTEE: 7
TYPE OF BOARD/COMMITTEE:
STAFF PERSON ASSIGNED: Superintendent of Schools
MEETING DATE AND TIME: 1st and 3rd Tuesdays at 6:30 p.m.
Article IV. Department of Education
Sec. 4.01. Superintending school committee.
(1) Composition. There shall be a superintending school committee, hereinafter referred to as the school committee, composed of 7 members elected at large by the qualified voters of the town.
(2) Eligibility. Only qualified voters who at all times during their term of office shall be and remain residents of the town, shall be eligible to hold the office of school committee member. (Amended by vote of the people 10-4-94)
Sec. 4.02. Election and term.
The regular election of school committee members shall be held each year in the manner provided in Article X.
The terms of school committee members in office on the date of the adoption of this amendment shall not be affected by this amendment. Each member shall be elected for a term of 3 years and shall serve until the member's successor is elected and qualified, except that, at the first regular election after adoption of this charter amendment, 3 member positions shall be up for election representing the expiring 3 year term of 1 of the existing members and the 2 additional member positions created pursuant to Sec. 4.01(1). The 3 members-elect receiving the largest number of votes shall serve until the regular election and qualification of school committee members in 1998. In case any candidates receive an equal number of votes, their relative position within the elected terms shall be determined by lot.
If the determination by lots would result in one of the tied candidates being denied elective office, a special election shall be held to resolve the tie vote. (Amended by vote of the people 10-4-94)
Sec. 4.02-A. Recall.
(1) Applicability. A member of the school committee may be recalled and removed from office by the qualified voters of the Town as hereinafter provided. (Added by vote of the people 6-11-02)
(2) Petition by voters. On the written petition of a number of voters equal to at least 15% of the number of qualified voters registered at the time of the most recent municipal general election, the town council shall, by order, provide for a special recall election as hereinafter provided. (Added by vote of the people 6-11-02)
(3) Petition procedure; procedure after filing. Petition procedures shall be those set forth in 30-A, MRSA, Sec. 2102, subsections 3 and 4, or any successor statute, except:
(a) The required wording in subsection 3.B.(1) shall be as follows:
"Town of Kittery"
"Each of the undersigned voters respectfully requests the town council to provide for a special election on the question of recalling and removal of (insert name and address) from the office of school " (Added by vote of the people 6-11-02)
(b) This required wording is to be followed by a statement of the reasons(s) why recall and removal is sought. (Added by vote of the people 6-11-02)
(c) Any notice required to be furnished to the petitioners' must also be given the member whose recall is sought, by the same means and in the same time frame. (Added by vote of the people 6-11-02)
(4) Calling of election. Within 20 days of receiving the clerk's certificate of sufficiency, or of the town council's determination of sufficiency, the council shall, by order, call for a special election on the recall question, such election to be held not earlier than 45 days nor later than 60 days after the order. (Added by vote of the people 6-11-02)
(5) Form of ballot. The question submitted to the voters shall be in substance as follows:
"Do you favor recalling and removing (name and address)
from the office of school ?" YES NO
(Added by vote of the people 6-11-02)
(6) Count of ballot. For any school committee member to be recalled and removed from office, both the following criteria must be satisfied:
(a) The majority of valid votes must favor recall and removal.
(b) The total number of valid votes cast must equal or exceed 40% of the number of voters registered at the time of the most recent municipal general election. (Added by vote of the people 6-11-02)
(7) Limitation on recall. During the first 6 months of any term, no Committee member shall be subject to a recall election nor shall a member be subject to more than 2 recall elections in any term. (Added by vote of the people 6-11-02)
Sec. 4.03. Compensation; expenses.
School Committee members shall each be entitled to receive $20.00 per regular and/or special meeting attended as compensation for their services and the committee may provide in its budget for actual and necessary expenses. Such compensation may be changed by ordinance but no ordinance increasing the compensation shall become effective until the date of commencement of the terms of school committee members elected at the next regular election, provided that such election shall follow the adoption of such ordinance by at least 6 months. (Ord. No. 1-74, 3-11-74; amended by vote of the people 10-4-94; amended by vote of the people 6-11-02)
Sec. 4.04. Chairperson.
(1) Election. At its first meeting or as soon thereafter as practicable, the school committee shall elect, by majority vote of the entire seven-member committee, one of its members to serve as chairperson for the ensuing year.
(2) Vacancy. The school committee shall fill any vacancy that may occur in the office of chairperson, from among its members, for the unexpired term by a majority vote of the committee. In the temporary absence or disability of the chairperson, the committee may elect, from among its members, a chairperson pro tempore who shall exercise all the powers of the chairperson during such temporary absence or disability of the chairperson.
(3) Duties. The chairperson shall preside at meetings of the school committee. The chairperson shall be entitled to vote on school committee matters and that vote shall be counted as a vote of the other members of the committee. (Amended by vote of the people 10-4-94)
Sec. 4.05. General powers and duties.
The school committee shall have all the powers conferred by law and shall perform all the duties imposed by law upon school s in regard to the care and management of the public schools of the town.
The school committee shall provide for the method of preparing and submitting the annual school budget in detail to the town manager at least 90 days before the beginning of the fiscal year. It shall also submit a complete list of estimated receipts not less than 50 days before the beginning of the fiscal year. As an exception to this rule submission of estimated receipts may be deferred to a later date which may have been mandated for that year by the state legislature or the state board of education. (Ord. No. 14-77, 10-4-77)
Sec. 4.06. Induction of school committee into office.
At the next regular meeting following the day of election, or as soon thereafter as practicable, all committee 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. (Amended by vote of the people 10-4-94)
Sec. 4.07. Judge of qualifications.
The school committee 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 4.10, subsection 2, and for that purpose shall have the power to subpoena witnesses as provided in section 12.03, administer oaths and require the production of evidence. A school committee member charged with conduct constituting grounds for forfeiture of his 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 school committee under this section shall be subject to review by the Superior Court. (Amended by vote of the people 10-4-94)
Sec. 4.08. Procedure.
(1) Meetings. The school committee shall meet regularly at least once in every month at such times and places as the school committee may prescribe by rule. Special meetings may be held on the call of the chairman or of 3 or more members and, whenever practicable, upon no less than 12 hours' notice to each member as defined by the rules adopted under this section, subsection 2. All meetings shall be public. However, the Committee may recess for the purpose of discussing in a closed or executive session, limited to its own membership and the school superintendent or qualified officers and advisors concerned with the matter to be discussed, any matter which qualifies under State statute, provided 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 Committee until the matter is placed on the agenda.
(2) Rules and journal. The school committee shall adopt its own rules and order of business; shall provide for the manner of giving notice of special meetings to its members and to the public; and of keeping a journal of its proceedings. This journal shall be a public record.
(3) Voting. Voting, except on procedural motions, shall be by roll call and the ayes and nays shall be recorded in the journal. Four members of the school committee 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 school committee. At least 12 hours' notice of the time and place of holding such adjourned meeting shall be given all members who were not present at the meeting from which adjournment was taken. No action of the school committee, except as otherwise provided in the second sentence of this subsection and in section 4.10 shall be valid or binding unless adopted by the affirmative vote of 4 or more members of the
committee. (Amended by vote of the people 10-4-94)
Sec. 4.09. Prohibitions.
Except where authorized by law, no school member shall hold any other office or employment with the school department or in a town department during the term for which he/she was elected to the school committee, and no former school committee member shall hold any compensated appointive town or school office or employment until one year after the expiration of the term for which he/she was elected to the school committee.
Sec. 4.10. Vacancies; forfeiture of office; filling of vacancies.
(1) Vacancies. A vacancy in the office of a school committee member shall occur by one or more of the following means:
(a) Non-acceptance;
(b) Resignation;
(c) Death;
(d) Failure to qualify for 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 school committee member shall forfeit office if the member:
(a) Lacks any qualification for the office prescribed by this charter or by law,
(b) Violates any express prohibition of this charter,
(c) Is convicted of a crime involving moral turpitude, or
(d) Fails to attend 3 consecutive regular meetings of the school without being excused by the school .
(3) Filling of vacancies. If for any reason a vacancy shall exist in the membership of the school committee more than 6 months prior to the 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 6 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 X. (Amended by vote of the people 10-4-94; amended by vote of the people 6-11-02)
TOWN OF KITTERY, MAINE
Phone: 207-439-1633 ext 329
Fax: 207-439-6806
BOARD NAME: Cable television rate regulation board.
# APPOINTED ON BOARD: 5 Regular, 1 Alt. -Staggered 3 Yr. Terms
TYPE OF BOARD:
STAFF PERSON ASSIGNED: Town Manager
MEETING DATE AND TIME: As Needed
5.12.040 Cable television rate regulation board.
This article shall be administered by the Kittery cable television rate regulation board which shall consist of five members and one alternate appointed by the town council from the qualified voters of the town. Members shall serve for terms of three years and until their successors are appointed and qualified. Members may be removed by the town council for cause after notice and hearing. For the initial terms only, one shall be appointed for three years, two for two years, and two for one year. The alternate member shall be appointed for a term of three years. (Ord. 4-94 § 2.8 (part))
5.12.050 Rate setting procedures.
A. Cable Operator Submission. Within thirty (30) days of the date of the notice from the franchising authority to the cable operator, the cable operator shall file its rate justification with the franchising authority.
B. Franchising Authority Response. The franchising authority shall make a decision on the rate request within thirty (30) days after the cable operator submits its rate justification. The rates proposed by the cable operator shall automatically take effect after that thirty (30) day period unless the franchising authority issues a statement that it needs additional time to make its decision.
If the franchising authority decides that it needs longer than the initial thirty (30) day period to consider the rate request, it may issue a statement to that effect. Such statement may provide for up to ninety (90) additional days to review a rate request based upon a benchmark approach and up to one hundred fifty (150) days to review a rate request based upon a cost of service approach.
If the franchising authority cannot reach a decision by the end of the extended period set forth in the preceding paragraph, the rates proposed by the cable operator shall go into effect, subject to refund. If the franchising authority intends to seek refunds, it shall issue an order to the cable operator prior to expiration of the time period for response, notifying the cable operator to keep accurate records with respect to rates.
C. Public Hearing Required. A public hearing shall be held in connection with every rate setting proceeding. At least ten (10) days prior to the hearing date, the town clerk shall publish a notice of the hearing in a newspaper of general circulation in the town. The notice shall identify the name of the cable operator, indicate that a rate change has been requested, and identify the time and place of the public hearing.
D. Proprietary Information. The franchising authority may require the cable operator to furnish proprietary information in connection with any rate setting proceeding.
E. Calculation of Rates and Refunds. In setting basic tier rates and charges, and in setting any refunds, the franchising authority shall be governed by the FCC Rate Regulations as amended. The FCC Rate Regulations shall govern notwithstanding any different or inconsistent provisions in the franchise agreement.
F. Decision of Franchising Authority. The franchising authority shall issue a written rate decision with appropriate findings and conclusions if the franchising authority:
1. Disapproves, in whole or in part, the initial rate scheduled or a proposed rate increase; or
2. Approves the initial rate or proposed rate increase over the objection of an interested party.
Public notice must be given of any such written decision, which shall include release of the text of the written decision to the public.
No written decision shall be required to approve an unopposed existing or proposed rate.
G. Appeals. The FCC shall have exclusive jurisdiction to hear appeals challenging whether the franchising authority's decision is consistent with the 1992 Cable Act or any applicable FCC rules. Any participant in a franchising authority's rate regulation proceeding may appeal the franchising authority's decision on such grounds to the FCC within thirty (30) days of release of the public notice required under subsection F of this section.
Appeals on grounds other than those stated in the preceding paragraph shall be made to Superior Court in accordance with Rule 80B of the Maine Rules of Civil Procedure. (Ord. 4-94 §§ 3.1--3.7)
TOWN OF KITTERY, MAINE
Phone: 207-439-1633 ext 329
Fax: 207-439-6806
BOARD/COMMITTEE NAME: Shellfish Conservation Committee
# APPOINTED ON BOARD: 7 Regular Members & 2 Alternate Members
TYPE OF BOARD/COMMITTEE:
STAFF PERSON ASSIGNED:
MEETING DATE AND TIME: 1st Monday -Town Hall
Shellfish conservation committee.
12.16.010 Authority.
The ordinance codified in this chapter is enacted in accordance with 12 MRSA Section 6671. (Ord. 16-99 (part): Ord. 12-96 § 1)
12.16.020 Purpose.
The purpose of this chapter is to establish a shellfish conservation program for the town which will insure the protection and optimum utilization of shellfish resources within its limits. These goals will be achieved by means which may include:
A. Licensing;
B. Limiting the number of shellfish harvesters;
C. Restricting the time and area where digging is permitted;
D. Limiting the minimum size of clams taken;
E. Limiting the amount of clams taken daily by a harvester. (Ord. 16-99 (part): Ord. 12-96 § 2)
12.16.030 Shellfish conservation committee.
The shellfish conservation program for the town will be administered by the shellfish conservation committee consisting of seven full members and two alternate members to be appointed by the Kittery town council for terms of three years.
The 's responsibilities include:
A. Establishing annually in conjunction with the department of marine resources the number of shellfish digging licenses to be issued;
B. Surveying each clam producing area at least once each three years to establish size distribution and density and annually estimating the status of the town's shellfish resources;
C. Submitting to the town council proposals for the expenditures of funds for the purpose of shellfish conservation;
D. Keeping this chapter under review and making recommendations for its amendments;
E. Securing and maintaining records of shellfish harvest from the town's managed shellfish areas and closed areas that are conditionally opened by the department of marine resources;
F. Recommending conservation closures and openings to the town council in conjunction with the area biologists of the department of marine resources;
G. Submitting an annual report to the municipality and the department of marine resources covering the above topics and all other committee activities. (Ord. 16-99 (part): Ord. 12-96 § 3)
TOWN OF KITTERY, MAINE
Phone: 207-439-1633 ext 329
Fax: 207-439-6806
BOARD NAME: Planning Board
# APPOINTED ON BOARD: 7 Full Members
TYPE OF BOARD:
STAFF PERSON ASSIGNED: Town Planner
MEETING DATE AND TIME: 2nd & 4th Thursdays
Article VIII. Planning
Sec. 8.01. Planning board.
(1) Composition. There shall be a town planning board to consist of 7 members who shall be appointed as hereinbefore provided in this charter and shall have such powers and perform such duties as provided by law. (Amended by vote of the people 10-4-94; amended by vote of the people 6-11-02)
(2) Terms. Members shall serve terms of 3 years. (Added by vote of the people 6-11-02)
(3) Term limits. No member shall serve more than 3 consecutive terms of 3 years. Any member who has served 3 consecutive terms of 3 years is ineligible to serve on the board for a period of 1 year. Computation of term limits commences with the first term of 3 years following the effective date of this provision. Computation of term limits does not include service prior to the effective date of this provision nor to terms of fewer than 3 years after the effective date. (Added by vote of the people 6-11-02)
16.04.040 Planning board.
A. Appointment and Composition.
1. The planning board is established by the Kittery Town Charter, Article VIII, Section 8.01, Planning, and other applicable state statutes.
2. Appointments to the planning board shall be made by the town council.
3. The board consists of seven members, who are Kittery residents, and serve staggered terms of office of three years. The number of consecutive terms by any board member is limited by Sec. 8.01(3) of the Town Charter.
4. A municipal officer, or spouse thereof may not serve as a member or associate member of the board.
5. The board shall elect annually a chairperson and vice chair from its membership.
6. A quorum shall consist of four members. All decisions shall be made by a minimum of four like votes, except on procedural matters.
7. 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, except the member who is being challenged who shall not vote on the issue.
8. A member of the board may be dismissed for cause by the municipal officers before the expiration of such member's term after notice and hearing.
9. When a vacancy occurs, short of completion of a term, the town council shall appoint a person to the vacated seat for the unexpired portion of the term.
B. Powers and Duties.
1. An agenda shall be prepared for each regularly scheduled meeting.
2. Development applicants may be placed on the agenda for a scheduled hearing when their application is accepted by the town planner. Drawings and all other required information must be provided to board members at least two weeks prior to the applicant's appearance before the board. Requests for waiver of submission contents may be accepted by the town planner. Such requests shall be acted upon by the board at the scheduled hearing prior to any other consideration being given to the application. Ten (10) sets of all submissions are required.
C. Bylaws. Planning board adopted bylaws govern routine board proceedings. (Land use and dev. code § 1.4, 1994)
TOWN OF KITTERY, MAINE
Phone: 207-439-1633 ext 329
Fax: 207-439-6806
BOARD NAME: Board of Assessment Review;
# APPOINTED ON BOARD 3 Regular & 2 Alternates - 3 Yr Staggered Terms
TYPE OF BOARD:
STAFF PERSON ASSIGNED: Assessor
MEETING DATE AND TIME: As Needed
Article VII - Tax Administration
Sec. 7.02. Board of assessment review; appointment; vacancies.
There shall be a board of assessment review to consist of 3 members and two alternates, not otherwise connected with town government, who shall be appointed as hereinbefore provided in this charter for a term of 3 years, except that of those first appointed, one shall be for a term of 2 years and one for a term of one year. Vacancies in the membership of such board shall be filled by appointment by the town council for the unexpired term. (Amended by vote of the people 10-4-94)
Sec. 7.03. Board of assessment review; qualifications.
Only qualified voters of the town during the period of their residence in the town who at all times during their term of office shall be and remain residents of the town shall be eligible to serve on the board of assessment review.
Sec. 7.04. Board of assessment review; powers and duties.
The board of assessment review shall have conferred upon it such powers of review and abatement as are conferred upon boards of assessors by statute, and shall have the power to:
(1) Review on complaint of property owners, and revise assessments for the purpose of taxation of real and personal property within the town limits made by the town assessor;
(2) Administer oaths;
(3) Hold hearings; and
(4) Adopt regulations regarding the procedure of assessment review, not inconsistent with statutory provisions.
The board shall be required to keep an accurate record of all its proceedings, and this record will be available for public inspection.
State law reference--Abatement, 36 M.R.S.A. § 841, et seq.
Sec. 7.05. State statutes.
In the event of any conflict in the provisions of this article with the provisions of any present or future statute relating thereto, the provisions of the statute shall supersede the provisions of this Article.
| 
