Jay, Maine  Town Ordinances Home
 

TOWN OF JAY Administrative Ordinance

 

 

Enacted: January 21, 2003

 

CHAPTER 1

INTRODUCTION

Section

1.1 SHORT TITLE

1.2 PURPOSE

1.3 AUTHORITY

1.4 SEVERABILITY

1.5 CONSTRUCTION

1.6 EFFECTIVE DATE

1.7 DEFINITIONS

1.1 SHORT TITLE

This Ordinance shall be known and may be cited as the "Town of Jay Administrative Ordinance."

1.2 PURPOSE

This Ordinance provides for a more comprehensive plan of the structure, organization and administration of the government in the Town of Jay.

1.3 AUTHORITY

This Ordinance is enacted pursuant to the Home Rule powers bestowed on the Town of Jay pursuant to Article VIII, Part Second of the Constitution of the State of Maine and the Laws of the State of Maine, including without limitation Title 30-A, Section 3001 and Title 30-A, Section 2631 et seq.

1.4 SEVERABILITY

If any provision or section of this Ordinance, or the application thereof to any person or circumstance, is held void or invalid, such invalidity shall not affect the validity of any other provisions or applications or any part thereof, which can be given effect without the invalid provision or application, and to this end each provision of this Ordinance is declared to be severable and independent. It is the intent of the Town of Jay that each and every section, subsection, paragraph, sentence and clause of this Ordinance be given effect to the extent possible.

1.5 CONSTRUCTION

All provisions of this Ordinance shall be liberally construed in order that the intent of this Ordinance be fully effectuated. All references to Municipal Officers and Municipal Officials designate both sexes, and where male gender is used, it shall be construed to include both males and females.

1.6 EFFECTIVE DATE

This Ordinance shall become effective upon its enactment at a special town meeting of the Town of Jay.

1.7 DEFINITIONS

In addition to those terms defined herein and unless the text of this Ordinance expressly indicates otherwise, the following terms and phrases have the following meanings in this Ordinance.

A. Board of Selectmen. "Board of Selectmen" shall mean the Board of Selectmen for the Town of Jay.

B. Donations. "Donations" shall mean and include donations, gifts, grants, bequests and devises.

C. Municipal Officers. "Municipal Officers" shall mean the Board of Selectmen.

D. Municipal Official. "Municipal Official" shall mean all elected, appointed and other municipal employees of the Town of Jay, excluding the Board of Selectmen.

E. School Committee. "School Committee" shall mean the School Committee for the Town of Jay.

F. Town. "Town" shall mean the Town of Jay, Franklin County, Maine.

G. Town Meeting. "Town Meeting" shall mean a meeting of the legislative body of the Town.

H. Voter or Voters. "Voter" or "Voters" shall mean any person or persons registered to vote in the Town of Jay.

 


CHAPTER 2

GENERAL ADMINISTRATIVE-ORGANIZATION

Section

2.1 FORM OF GOVERNMENT

2.2 ORGANIZATION OF GOVERNMENT

2.3 FISCAL YEAR

2.4 TAX PAYMENT DATES

2.5 MUNICIPAL BUILDING; DESIGNATION

 

2.1 FORM OF GOVERNMENT

The legislative body of the Town of Jay shall be a duly called meeting of the Voters. The legislative body shall be responsible for the determination of the amount of money to be raised by taxation from the Jay citizens and to appropriate the money collected from taxation and from other sources. To administer the municipal affairs, Jay has established the "Town Manager Plan Form of Government." The Board of Selectmen shall have all powers and authority granted to and shall perform all duties and responsibilities imposed upon the municipal officers of a town under the general laws of the State of Maine and the United States. The School Committee shall have all the powers and authority granted to and shall perform all duties and responsibilities imposed upon school committees under the general laws of the State of Maine and the United States.

2.2 ORGANIZATION OF GOVERNMENT

A. Municipal Officers. The Municipal Officers of the Town of Jay shall be the Board of Selectmen.

B. Elected Municipal Officials. The elected Municipal Officials of the Town shall be the members of the School Committee and members of the Jay Power District.

C. Appointed Municipal Officials. The appointed Municipal Officials of the Town shall be the Town Manager, Tax Collector, Treasurer, Town Clerk, Purchasing Agent, Registrar of Voters, Code Enforcement Officer, Plumbing Inspector, Public Health Officer, Police Chief, Constable, Fire Chief, Police Commissioner, Road Commissioner, Agent to the Overseer of the Poor, Environmental Code Administrator, Agent to the Assessors, Addressing Officer, Project Manager, Environmental Enforcement Counsel, Animal Control Officer, Members of the Planning Board, Members of the Board of Appeals, Members of the Board of Assessment Review, and all deputies and assistants thereto.

D. Boards and Organizations. The Board of Selectmen may appoint Selectmen or Voters to Boards of Directors or to organizations to represent the Town as the Board of Selectmen desire. As of the date of the enactment of this Ordinance the Board of Selectmen have appointed persons to the following Boards and Organizations and the Selectmen shall continue to make such appointments until it determines not to appoint: Spruce Mountain Board of Directors, Channel 7 Board of Directors, Joint Sewer Committee with Livermore Falls, CES Advisory Board.

E. Committees. The Board of Selectmen may establish and abolish from time to time such committees that it desires. Such committees shall advise the Board of Selectmen in accordance with the resolution of the Board of Selectmen that establishes the committee. As of the date of enactment of this Ordinance the following committees have been established by the Selectmen and shall remain until abolished by the Board of Selectmen: Addressing Committee, Ad Hoc Budget Format Committee, Budget Committee, Charter Study Committee, Community Development Committee, Comprehensive Plan Committee, Comprehensive Plan Implementation Committee, Economic Development Committee, Memorial Day Committee, Municipal Committee, Recreation Committee, Recreation Land Committee, Recycling Committee, Sewer Committee, Solid Waste Committee, Valuation Committee.

F. Jay Community Development Corporation. Each Selectman, upon qualifying for the Selectman’s office, shall be a Director of the Jay Community Development Corporation.

 

2.3 FISCAL YEAR

The Fiscal Year of the Town of Jay shall be July 1 to June 30.

 

2.4 TAX PAYMENT DATES

The Town of Jay property taxes are due and payable on October 1 and April 1 of each year. The Town of Jay levies interest on property taxes that are unpaid after October 1 and April 1 of each year. The interest shall accrue at the maximum rate as determined by the Treasurer of the State of Maine for delinquent taxes pursuant to 36 M.R.S.A, Section 505.

The Town of Jay shall pay to taxpayers as interest on tax payments made in excess of the amount assessed as due and payable. This interest rate shall be 4% lower than the rate as determined by the Treasurer of the State of Maine for delinquent taxes and as provided in 36 M.R.S.A., Section 506-A and as the statute is amended from time to time.

 

2.5 MUNICIPAL BUILDING; DESIGNATION

The public building located at 99 Main Street, Jay, Franklin County, Maine, 04239, shall be designated and known as the Jay Municipal Building.


 

CHAPTER 3

BOARD OF SELECTMEN

Section

3.1 COMPOSITION; TERMS

3.2 QUALIFICATIONS

3.3 OATH

3.4 VACANCIES

3.5 CHAIRMAN

3.6 COMPENSATION

3.7 MEETING

3.8 QUORUM

3.9 AGENDA

3.10 CONFLICT OF INTEREST

3.11 POWERS AND DUTIES

3.1 COMPOSITION; TERMS

The Board of Selectmen shall consist of five (5) members, each elected by a majority of the Voters of the Town of Jay at the Annual Town Meeting or at a Special Town Meeting called to fill a vacancy on the Board of Selectmen. Each member shall serve a period of three years and until the member’s successor is elected and qualified.

3.2 QUALIFICATIONS

Selectmen shall be residents of the Town of Jay and registered Voters therein. Selectmen shall be at least eighteen (18) years of age, residents of the State of Maine and citizens of the United States and shall neither be Municipal Officials nor members on any Town boards, commissions or committees at any time during their term of office.

3.3 OATH

The members of the Board of Selectmen, before assuming their duties of office, shall be sworn by the moderator at a town meeting, the Town Clerk or a notary public to the faithful performance of their duties and such oath shall be subscribed to and filed in the office of the Town Clerk

3.4 VACANCIES

The nonacceptance, resignation, death, permanent disability or incompetency of any Selectman, the failure of any Selectman to qualify for office within ten (10) days after written demand, the failure of the voters to elect a person to office shall cause a vacancy on the Board of Selectmen.

3.5 CHAIRMAN; OFFICERS

The Board of Selectmen shall, by majority vote, elect a Chairman and Vice-Chairman. If the Board of Selectmen are unable to elect a Chairman or Vice-Chairman among themselves, then the Town Clerk shall select the Chairman or Vice-Chairman by lot pursuant to Title 30-A, § 2526. The Town Clerk shall ex-officio serve as the Secretary to the Board of Selectmen. The Chairman or Vice-Chairman in the Chairman’s absence shall represent the Town at public functions and ceremonies. The Chairman shall preside at all meetings of the Board of Selectmen, shall prepare the agenda as provided in section 3.9, shall call special meetings when necessary and shall fill all the customary functions of his office. The Chairman may vote on all matters coming before such meeting, unless otherwise provided herein.

3.6 COMPENSATION

The rate of compensation for members of the Board of Selectmen shall be determined in the annual operating and capital budget approved by the Town.

3.7 MEETINGS

A. Regular Meetings. Regular Meetings of the Board of Selectmen shall be held every other week; provided, however, the Board of Selectmen may, in their sole discretion, cancel or postpone any regular meeting. The date, time and place of such regular meetings shall be determined by the Board of Selectmen at the first meeting of a newly elected Board of Selectmen.

B. Special Meetings. Special Meetings shall be called by the Chairman, three (3) Members of the Board of Selectmen, or the Town Manager. Notice of a Special Meeting shall be given to all Selectmen in a manner determined by the Board of Selectmen at the first meeting of an newly elected Board of Selectmen, and if time permits shall be posted in a conspicuous public place and/or published in a newspaper of general local circulation.

3.8 QUORUM

No business shall be conducted by the Board of Selectmen without a Quorum. A Quorum shall consist of three (3) Members. The Board shall act by majority vote, calculated on the basis of the number of Members present and voting provided, however, if there are only three (3) members present, any action shall require a unanimous vote. If less than a Quorum is present, the meeting may be adjourned for a period not exceeding two (2) weeks at any one time.

3.9 AGENDA

No item of business or plan shall be placed on the Board of Selectmen Agenda for any meeting unless such item or plan shall have been submitted to the Board of Selectmen not less than three (3) days prior to the date of a meeting or other proceeding, provided, however, that the Board of Selectmen may, upon request or on its own motion, waive the three (3) day advance submission requirement. The Chairman shall determine the Agenda in such a manner as to facilitate the execution of the duties of the Board of Selectmen.

3.10 CONFLICT OF INTEREST

Members of the Board of Selectmen shall attempt to avoid the appearance of a conflict of interest by disclosure or abstention of voting.

No member of the Board of Selectmen may vote or influence the vote of any other member of the Board of Selectmen on any matter before the Board of Selectmen if that member has a direct or an indirect pecuniary interest in the matter. A member is deemed to have a direct or an indirect pecuniary interest if the member is an officer, director, partner, associate or stockholder of a private corporation, business or entity to which the matter relates or with which the Town contracts if the member directly or indirectly owns at least ten percent (10%) of the stock in the private corporation or a ten percent (10%) interest in the business or entity.

3.11 POWERS AND DUTIES

The Board of Selectmen shall have all administrative and executive powers and shall perform all duties as provided herein and as provided in the Constitution and laws of the State of Maine and shall perform all duties as are necessary and proper to administer the fiscal and municipal affairs of the Town of Jay including, but not limited to, the authority to contract for services and for professional services including, without limitation, attorneys, auditors, property appraisers, architects and engineers.


 

CHAPTER 4

SCHOOL COMMITTEE

Section

4.1 COMPOSITION; TERMS

4.2 QUALIFICATIONS

4.3 OATH

4.4 VACANCIES

4.5 CHAIRMAN

4.6 COMPENSATION

4.7 MEETING

4.8 QUORUM

4.9 AGENDA

4.10 CONFLICT OF INTEREST

4.11 POWERS AND DUTIES

4.1 COMPOSITION; TERMS

The School Committee shall consist of five (5) members, each elected by a majority of the Voters of the Town of Jay at the Annual Town Meeting or at a Special Town Meeting called to fill a vacancy on the School Committee. Each member shall serve a period of three years and until the member’s successor is elected and qualified.

4.2 QUALIFICATIONS

School Committee members shall be residents of the Town of Jay and registered Voters therein. School Committee members shall be at least eighteen (18) years of age, residents of the State of Maine and citizens of the United States and shall neither be Municipal Officials nor members on any Town boards, commissions or committees at any time during their term of office.

4.3 OATH

The members of the School Committee, before assuming their duties of office, shall be sworn by the moderator at a town meeting, the Town Clerk or a notary public to the faithful performance of their duties and such oath shall be subscribed to and filed in the office of the Town Clerk

4.4 VACANCIES

The nonacceptance, resignation, death, changes of residency from Jay, permanent disability or incompetency of any School Committee member, the failure of any School Committee member to qualify for office within ten (10) days after written demand, the failure of the Voters to elect a person to office shall cause a vacancy on the School Committee. A vacancy in the School Committee shall be filled by the School Committee within thirty (30) days of its occurrence. The term of a member appointed by the School Committee to fill a vacancy shall expire at the next annual Town Meeting. In the event that the School Committee fails to appoint a person to fill the vacancy, the vacancy may be filled by an election at a special Town Meeting called for the purpose.

4.5 CHAIRMAN; OFFICERS

The School Committee shall, by majority vote, elect a Chairman and Vice-Chairman. If the School Committee are unable to elect a Chairman or Vice-Chairman among themselves, then the Town Clerk shall select the Chairman or Vice-Chairman by lot pursuant to Title 30-A, § 2526. The Business Manager shall ex-officio serve as the Secretary to the School Committee. The Chairman or Vice-Chairman in the Chairman’s absence shall represent the School Committee at public functions and ceremonies. The Chairman shall preside at all meetings of the School Committee, shall prepare the agenda as provided in section 4.9, shall call special meetings when necessary and shall fill all the customary functions of his office. The Chairman may vote on all matters coming before such meeting, unless otherwise provided herein.

4.6 COMPENSATION

The rate of compensation for members of the School Committee shall be determined in the annual operating and capital budget approved by the Town.

4.7 MEETINGS

A. Regular Meetings. Regular Meetings of the School Committee shall be held monthly; provided, however, the School Committee may, in their sole discretion, cancel or postpone any regular meeting. The date, time and place of such regular meetings shall be determined by the School Committee at the first meeting of a newly elected School Committee.

B. Special Meetings. Special Meetings shall be called by the Chairman, three (3) Members of the School Committee, or the Superintendent. Notice of a Special Meeting shall be given to all School Committee members in a manner determined by the School Committee at the first meeting of an newly elected School Committee, and if time permits shall be posted in a conspicuous public place and/or published in a newspaper of general local circulation.

4.8 QUORUM

No business shall be conducted by the School Committee without a Quorum. A Quorum shall consist of three (3) Members. The Committee shall act by majority vote, calculated on the basis of the number of Members present and voting. If less than a Quorum is present, the meeting may be adjourned for a period not exceeding two (2) weeks at any one time.

4.9 AGENDA

No item of business or plan shall be placed on the School Committee Agenda for any meeting unless such item or plan shall have been submitted to the School Committee not less than seven (7) days prior to the date of a meeting or other proceeding, provided, however, that the School Committee may, upon request or on its own motion, waive the seven (7) day advance submission requirement. The Chairman shall determine the Agenda in such a manner as to facilitate the execution of the duties of the School Committee.

4.10 CONFLICT OF INTEREST

Members of the School Committee shall attempt to avoid the appearance of a conflict of interest by disclosure or abstention of voting.

Employment or Volunteer placement of school committee members or their spouses shall be governed by Title 20-A M.R.S.A. §1002 and as that section is amended from time to time.

No member of the School Committee may vote or influence the vote of any other member of the School Committee on any matter before the School Committee if that member has a direct or an indirect pecuniary interest in the matter. A member is deemed to have a direct or an indirect pecuniary interest if the member is an officer, director, partner, associate or stockholder of a private corporation, business or entity to which the matter relates or with which the Town contracts if the member directly or indirectly owns at least ten percent (10%) of the stock in the private corporation or a ten percent (10%) interest in the business or entity.

4.11 DUTIES

The School Committee shall have all of the duties prescribed to it under the laws of the State of Maine including, but not limited to, adopting and directing the general course of study, managing the Jay schools and providing for the custody and care of school buildings and all school property. The School Committee’s decision on how the Jay schools shall meet the requirements of this Ordinance and the laws of the State of Maine shall be final.

4.12 POWERS

The School Committee shall have all administrative and executive powers as provided herein and as provided in the Constitution and laws of the State of Maine as they apply to schools.


 

CHAPTER 5

ADDITIONAL POWERS AND DUTIES OF THE BOARD OF SELECTMEN

Sections

5.1 PERSONAL PROPERTY

5.2 REAL PROPERTY

5.3 ACCEPTANCE OF DONATIONS TO THE TOWN

5.4 DONATIONS FROM THE TOWN

 

5.1 PERSONAL PROPERTY

The Board of Selectmen is authorized to sell, by private sale or bid, or otherwise dispose of Town owned personal property that they deem to be surplus, obsolete or unusable under such terms and conditions as it deems advisable. The Board of Selectmen may execute and deliver a release bills of sale to accomplish the transfer of such property.

5.2 REAL PROPERTY

The Board of Selectmen is authorized to advertise and to sell real property with any fixtures thereon, acquired by the Town of Jay by virtue of unpaid tax and sewer charges under such terms and conditions as it deems advisable. The Board of Selectmen is authorized to execute and deliver municipal release deeds to accomplish the transfer of such tax acquired property and to execute and deliver such municipal release deeds to transfer property to the owners or their successors in interest after a tax lien has matured.

5.3 ACCEPTANCE OF DONATIONS TO THE TOWN

The Board of Selectmen is authorized to accept and expend, on behalf of the Town, such Donations, including grants from federal, state and local agencies or programs upon such terms and conditions as the Selectmen determine are necessary and proper and in the best interest of the Town and the Selectmen may enter into and execute such agreements and contracts and to take all actions as may be necessary, appropriate and convenient to accomplish this acceptance. Any Donation that requires additional funds, such additional funds must be appropriated at a Town Meeting.

 

5.4 DONATIONS FROM THE TOWN

The Board of Selectmen is authorized to give such Donations to appropriate persons or entities upon such terms and conditions which the Selectmen determine are proper and in the best interest of the Town. Donations shall be made within the appropriations made for Donations and shall be made only to those recipients who have submitted appropriate requests to the Board of Selectmen prior to the Board of Selectmen’s determination of the total amount of Donations to put in its appropriation request.

Any person or entity who is requesting a Donation from the Town must submit, in writing, to the Board of Selectmen a request. The request shall include the amount requested and a narrative of the recipient’s program and such other information as the Board of Selectmen may request.


 

CHAPTER 6

 

GENERAL

Sections

6.1 JAY SNOWMOBILE RECREATION FUND

6.2 TAX PREPAYMENT

 

6.1 JAY SNOWMOBILE RECREATION FUND

The Jay Snowmobile Recreation Fund is hereby established ("Snowmobile Fund"). The Snowmobile Fund shall be used exclusively for the construction, development, maintenance and improvement of snowmobile trails, shelters, maintenance and rescue equipment, leases of real and personal property and other purposes reasonably adapted for the improvement and safety of snowmobiling for the public within the Town of Jay.

The Board of Selectmen is authorized to make expenditures from the Snowmobile Fund for the purposes of the Snowmobile Fund.

The Andy Valley Snowmobile Club being a non-profit corporation is designated the agent for the administration of the Snowmobile Fund, under the supervision of the Board of Selectmen.

6.2 TAX PREPAYMENT

The Treasurer of the Town of Jay is authorized to accept prepayment of taxes not yet committed pursuant to 36 M.R.S.A., Section 506.

 

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