An Act To Amend the Charter of the York Sewer District Further amend the bill by striking out everything after the enacting clause and before the summary and inserting in its place the following: Sec. 1. P&SL 1951, c. 63, §3, 4th 1J, as repealed and replaced by P&SL 1985, c. 57, §l, is amended to read: At the close of each fiscal year, the trustees shall make a detailed report of their doings, of the receipts and expenditures of the sewer district, of its financial and physical condition and of other matters and things pertaining to the district and show the inhabitants how the trustees are fulfilling the duties and obligations of their trust. The report must include audited financial statements. This report i&-~e ~ be filed with the municipal officers t who shall include the report in the annual town report. Sec. 2. P&SL 1951, c. 63, §3-A is enacted to read: Sec. 3-A. Recall. Trustees of the district may be recalled in accordance with the following provisions. Page l-LR1187(3) COMMITTEE AMENDMENT
Maine Legislature, Session 122, LD 0413
Committee Amendment CA_B_S282 (Senate)

COMMITTEE 
AMENDMENT &" to S.P. 137, L.D. 413, Bill, "An 
Act To Amend the Procedure by Which the York Sewer District May 
Be Dissolved" 
Amend the bill by striking out the title and substituting 
the following: 
'An Act To Amend the Charter of the York Sewer District' 
Further amend the bill by striking out everything after the 
enacting clause and before the summary and inserting in its place 
the following: 
'Sec. 1. P&SL 1951, c. 63, §3, 4th 1J, as repealed and replaced by 
P&SL 1985, c. 57, §l, is amended to read: 
At the close of each fiscal year, the trustees shall make a 
detailed report of their doings, of the receipts and expenditures 
of the sewer district, of its financial and physical condition 
and of other matters and things pertaining to the district and 
show the inhabitants how the trustees are fulfilling the duties 
and obligations of their trust. 
The report must include audited 
financial statements. 
This report i&-~e ~ 
be filed with the 
municipal officers t 
who shall include the report in the annual 
town report. 
Sec. 2. P&SL 1951, c. 63, §3-A is enacted to read: 
Sec. 3-A. Recall. 
Trustees of the district may be recalled in 
accordance with the following provisions. 
Page l-LR1187(3) 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT B· to S.P. 137, L.D. 413 
1. 
The gualified electors of the district may petition for 
the recall of any trustee after the first year of the term for 
which the trustee is elected by filing a petition with the town 
clerk of the Town of York demanding the recall of the trustee. A 
trustee may be subject to recall for misfeasance. malfeasance or 
nonfeasance in office. 
The petition must be signed by electors 
of the district egual to at least 25'!-o of the vote cast for the 
office of Governor at the last gubernatorial election within the 
district. The recall petition must state the reason for which 
removal is sought. 
2. 
Within 3 days after the petition is offered for filing. 
the official with whom the petition is left shall determine by 
careful examination whether the petition is sufficient and so 
state in a certificate attached to the petition. If the petition 
is 
found to be insufficient. the certificate must state the 
particulars 
creating the 
insufficiency. 
The 
petition 
may 
be 
amended to correct any insufficiency within 5 days following the 
affixing of the original certificate. Within 2 days after the 
offering of the amended petition for filing, the certificate must 
again 
be 
carefully examined to 
determine 
sufficiency 
and 
a 
certificate stating the findings must be attached. Immediately 
upon finding an original or amended petition sufficient. the 
official shall file the petition and call a special election to 
be held not less than 40 days nor more than 45 days from the 
filing date. The official shall notify the trustee against whom 
the recall petition is filed of the special election. 
3. 
The trustee against whom the recall petition is filed is 
a candidate at the special election without nomination. unless 
the trustee resigns within 10 days after the original filing of 
the petition. There is no primary. Candidates for the office may 
be 
nominated under 
the usual 
procedure of 
nomination for 
a 
primary election by filing nomination papers. not later than 5 
p.m., 4 weeks preceding the election and have their names placed 
on the ballot at the special election. 
4. 
The trustee against whom 
a 
recall petition has been 
filed shall continue to perform the duties of office until the 
result of the special election is officially declared. The person 
receiving the highest number of votes at the special election is 
declared elected for the remainder of the term. 
If the incumbent 
receives the highest number of votes. the incumbent continues in 
office. If another person receives the highest number of votes. 
that person, if gualified. succeeds the incumbent. within 10 days 
after receiving notification. 
5. 
After 
one 
recall petition and special election, 
no 
further recall petition may be filed against the same trustee 
during the term for which the trustee was elected. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT ·B to S.P. 137, L.D. 413 
Sec. 3. P&SL 1951, c. 63, §14, 2nd and 3rd 1[1[, as enacted by P&SL 
1985, c. 57, §1, are amended to read: 
Any person aggrieved by the decision of the trustees as it 
relates, to any assessment for 
sewer construction under this 
section sRa**-~~~~-same-~i~k~~-~-~pp&a~-a6-~~~~~-~B 
Ehe--€-a&e-~--~ayi,.~-e-\:l~--of--~-ways may appeal the decision to 
the town manager of the Town of York. 
The decision of the town 
manager may be appealed to the town board of appeals. 
A final 
decision of the board of appeals may be appealed pursuant to the 
Maine Rules of Ciyi1 Procedure. Rule 80B. 
Prior to authorizing any sewer extension, except by specific 
state 
or 
federal 
mandate, 
the 
trustees 
shall 
notify 
the 
legislative bodies 
and 
the planning boards 
of 
the affected 
municipalities 
in 
order 
to 
assure 
conformity 
with 
their 
comprehensive plans and other public policies relating to their 
growth and development. 
The trustees shall publish notice of the 
proposed action in a newspaper with general circulation in the 
district no less than 7 days prior to the meeting at which they 
will take final action on the authorization of the extension. 
The district shall comply with the Maine Reyised Statutes. Title 
38. section 1252. subsections 7 and 9 with respect to any sewer 
extensions. 
Sec. 4. P&SL 1989, c. 34, §2, first line is amended to read: 
Sec. 2. P&SL 1-98& l2S1, c. ~,. ~,§13, as repealed and replaced 
by P&SL 1985. c. 57. §1. is amended to read: 
Sec. 5. Referendum; effective date. 
This Act takes effect when 
approved only for the purpose of permitting its submission to the 
legal voters wi thin the Town of York 
at an election called for 
that purpose and held by January 1, 2006. 
The election must be 
called, advertised and conducted according to the law relating to 
municipal elections, except that the registrar of voters is not 
required to prepare or the clerk to post a new list of voters. 
For the purpose of registration of voters, 
the registrar of 
voters 
must 
be 
in 
session 
the 
secular 
day 
preceding 
the 
election. 
The subject matter of this Act is reduced to the 
following question: 
"Do 
you 
favor 
amending 
the charter of 
the 
York 
Sewer 
District to: 
1. 
Require the York Sewer District to include in its annual 
report audited financial statements and require the Town of 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT ~ 
to S.P. 137, L.D. 413 
York to include the district's report in the town's annual 
report; 
2. 
Provide 
that decisions 
of 
the 
relating 
to 
assessments 
for 
sewer 
appealed to the Town of York; and 
York 
Sewer District 
construction 
may 
be 
3. 
Establish a process for the recall of the trustees of 
the York Sewer District?" 
The voters shall indicate by a cross or check mark placed 
against the word "Yes" or "No" their opinion of the same. 
The results must be declared by the municipal officers of 
the Town of York and due certificate of the results filed by the 
clerk with the Secretary of State. 
This Act takes effect for all purposes immediately upon its 
approval 
by 
a 
majority of 
the 
legal voters 
voting at the 
election. 
Failure to achieve the necessary approval 
in any 
referendum does not prohibit subsequent referenda consistent with 
this section as long as the referenda are held prior to January 
1, 2006.' 
SUMMARY 
This amendment, which is one of 2 minority reports of the 
Joint Standing Committee on Utili ties and Energy, replaces the 
bill. 
The 
amendment 
amends 
the charter of the 
York 
Sewer 
District to: 
1. 
Cross-reference statutory law requiring municipal review 
and approval of sewer extensions; 
2. 
Require the York Sewer District to include in its annual 
report audited financial statements and require the Town of York 
to include the district's report in the town's annual report; 
3. 
Provide that decisions of the district relating to 
assessments for sewer construction may be appealed to the Town of 
York; 
4. 
Establish a process for the recall of the trustees of 
the York Sewer District; 
5. 
Fix 
an incorrect reference in a prior private and 
special law; and 
6. 
Add a referendum clause to the bill. 
COMMITTEE AMENDMENT