[HISTORY: Adopted by the Historic District
Commission of the Town of South Berwick 10-29-1980. Amendments noted where applicable.]
GENERAL REFERENCES
Historic Districts — See Ch. 84.
A.
Business of the Commission shall be conducted in accord
with Maine statutes, Town ordinances and Robert's Rules of Order.
B.
The Commission pledges to maintain professional conduct
in the review of all applications/proposals before it and all other
business deliberations. All applications/proposals shall be examined
equally and equitably. If for any reason an individual Commission
member feels that he or she has a particular bias or conflict of interest
either for or against a particular proposal, he or she shall abstain
from voting on that proposal.
C.
The term "conflict of interest" shall be construed
to mean direct or indirect pecuniary benefit to any person or member
of the person's immediate family (i.e., grandfather, father, wife,
son, grandson) or to his employer or the employer of any member of
the person's immediate family or interest sufficient to serve his
own personal interest to the prejudice of the interests of those for
whom the law authorized and required him to act.
D.
Any question as to whether a member shall be disqualified
from voting on a particular matter shall be decided by a majority
vote of the members present except the member who is being challenged.
E.
Those in attendance at meetings of the Commission
shall be expected to be knowledgeable of Commission policies as set
forth in these bylaws and abide by them.
A.
Appointments.
(1)
Appointments to the Commission shall be made by the
Council of the Town of South Berwick.
(2)
Appointees to the Commission shall be legal residents
of the Town of South Berwick.
(3)
The Commission shall consist of five regular members.
[Amended 3-18-2008]
(4)
The Town Council may make such appropriations each
year as may be necessary to fund the activities of the Commission.
(5)
Three members of the Commission shall be initially
appointed to serve terms of three years; three shall be initially
appointed to serve terms of two years; and the remaining members of
the Commission shall be appointed to serve terms of one year. All
appointments thereafter made shall be of a term of three years, except
in those instances in which the appointment is made to fill a vacancy
in an unexpired term, in which case the appointment shall be for the
remainder of the unexpired term. Persons appointed to serve in an
advisory or consulting capacity shall hold office during the pleasure
of the Council. The Town Council shall act within 60 days to fill
a vacancy.
(6)
A vote of the Commission quorum may direct the attention
of the Council to conditions suggesting that an appointment should
be terminated for just cause. Absence of a member for more than 25%
of all Commission meetings, excluding on-sites, within any six-month
period without a valid reason may constitute a just cause.[1]
[1]
Editor's Note: Former Subsection B, Officers and their duties,
which immediately followed, was repealed 3-18-2008.
A.
Meetings shall be held as required. The regular meeting
schedule will be posted at Town Hall. Meetings may be rotated to other
locations to enable better citizen support. The Secretary shall have
the responsibility of notifying the members and the public if other
than the normal time and place.
[Amended 3-18-2008; 2-23-2010]
B.
All meetings in which official action is taken shall
be open to the public.
C.
A quorum necessary for the Commission to conduct meetings
shall consist of three members.
[Amended 3-18-2008]
A.
The Chairman may, with the approval of the majority
of the Commission, call special work sessions for the purposes of
Commission bylaws, planning sessions, proposal/application reviews
and other informational work necessary.
B.
These sessions shall be open to the public. The general
public shall be barred from addressing the Commission with the following
exceptions:
(1)
In the event that the topic of the work session involves
such matter in which the Commission has requested that a citizens
advisory group be established to aid in the Commission's findings
and deliberations; said group shall be appointed by the Commission
and allowed to contribute its comments during the discussion phase
of the meeting.
(2)
Any officials or citizens who have been specifically
requested by the Commission may do so.
(3)
Remarks from other interested citizens shall be reserved
for a specific time designated by the Commission.
A.
Upon a vote of at least 3/5 of the members present
and voting, the Commission may call for an executive session.
[Amended 3-18-2008]
B.
The motion to go into executive session shall indicate
the nature of the business of that session, and no other matters may
be considered. No ordinances, regulations, contracts, appointments
or other official action shall be finally approved at such executive
session, which may be held on the following matters only:
(1)
A vote of the Commission quorum may direct the attention
of the Council to conditions suggesting that an appointment should
be terminated for just cause. Absence of a member for more than 25%
of all Commission meetings, excluding on-sites, within any six-month
period without a valid reason may constitute such a just cause.
(2)
The Commission shall adopt bylaws or additional operating
procedures consistent with the intent of this chapter and of the state
enabling legislation.
C.
The Historic District Commission may, subject to appropriations
by the Town Council or other income, employ clerical and technical
assistants or consultants and may accept grants, donations or gifts
of service and may hold the same for all or any of the purposes of
historic preservation in the Town of South Berwick. Donations shall
have the approval of the Town Council.
A.
The officers of the Commission shall consist of the
Chairman and Vice Chairman and Secretary. The Chairman, Vice Chairman
and Secretary shall be regular members of the Commission and be elected
annually from among its membership.
B.
The Chairman shall preside at all meetings and hearings
of the Commission. The Chairman has the authority to appoint all committees,
to call all work sessions and to preside over executive sessions.
C.
The Vice Chairman shall act for the Chairman in his/her
absence.
D.
The Secretary shall keep complete and accurate minutes
and records of Commission meetings, prepare agendas of regular and
special meetings with the Chairman, provide notice of meetings to
the Commission members, arrange proper and legal notice of hearings
and attend to all correspondence of the Commission and to other duties
normally carried out by the Secretary. The Secretary shall keep a
complete and accurate record of all resolutions, transactions, correspondence,
findings and determinations of the Commission and shall maintain attendance
records, resumes of Commission members and appointment of Commission
members. All records shall be deemed public and may be inspected at
reasonable times.
E.
Certain discussions concerning employees and appointees
and discussion or consideration of the employment, appointment, assignment,
duties, promotion, compensation, evaluation, disciplining or resignation
of public officers, appointees or employees of the Commission or of
the investigation or hearing of charges or complaints against such
persons, provided that any person charged, investigated or otherwise
under discussion shall be permitted to be present at such executive
session if he or she so desires.
F.
Discussions or consideration of the dismissal of any
employee or member.
G.
Certain legal considerations and consultations between
the Commission and its attorney concerning the legal rights and duties
of the Commission, pending or contemplated litigation, settlement
offers and matters where the duties of the Commission's Counsel to
his or her client pursuant to the code of professional responsibility
clearly conflict with the Maine Right-to-Know Law, or where premature
general public knowledge would clearly place the state, municipality
or other public agency or person at a substantial disadvantage.
H.
Within the executive session it shall be the Chairman's
responsibility to ensure that only that business for which the session
was called shall be discussed. The Chairman shall conduct the executive
session to ensure that compliance with the rules for executive session
occurs.
B.
Hearings.
(1)
In addition to those required by law, the Commission
may, at its discretion, hold public hearings when it decides that
such hearings will be in the public interest.
(2)
Notice of such hearings shall be published in the
official newspaper of the municipality or in a newspaper of general
circulation before the time of the public hearing.
(3)
The case before the Commission shall be presented
in summary by the Secretary or a designated member of the Commission
and parties in interest shall have privileges of the floor.
(4)
A record shall be kept of those speaking before the
Commission.
A.
These bylaws may be amended by a three-fifths vote
of the entire membership of the Commission.
[Amended 3-18-2008]
B.
The invalidity of any section or provision of these
bylaws shall not be held to invalidate any other section or provision
of these bylaws.
C.
Any prior inconsistent provision or portion of the
Commission laws of the Town of South Berwick, as amended, is hereby
saved and remains in effect in the event of all or any portion of
the bylaws being found to be unlawful by a court of competent jurisdiction.
