BY-LAW COMMITTEE
Marjorie A. Cooper, Chairman
Justina R. Lachapelle
John Kachadorian
Ruth White Kaminski, Clerk
MINUTES OF THE REGULAR MEETING
Chair Marjorie A. Cooper called the bylaw committee to order
at
Ms. Cooper had mailed a copy of the bylaw committee annual report to members with the agenda for this meeting and all agreed that the report was representative of the doings of the year and a job well done.
Ms. Cooper introduced newly appointed member Ruth Kaminski who was appointed to fill a 2-year term. There is still one vacant seat on the committee. Ms. Cooper told those present that another person had shown interest in the committee but that they also served on the Personnel Board and they chose not to further pursue appointment to the bylaw committee.
Ms. Cooper told those present that she has spoken to the Conservation Commission and that they were apparently not yet ready for discussion of the fines and enforcement addition to the Wetland Bylaw, which had been passed over at the 2005 Town Meeting.
Ms. Cooper said that Selectmen were asking for an opinion on a temporary transient business being allowed to set up next to an established business and sell the same product. A general discussion ensued. In summary the discussions and conclusion reached was:
The bylaw committee did not
want to approach the subject as presented which may be construed as an attempt
at restraint of trade, whereas, seeking information from other communities it
became apparent that “temporary business” bylaws were seen as a
normal part of the hawkers and peddlers bylaw. Discussion of the Town of
It was decided that Ms. Cooper
would approach leave a copy of the
Questions decided at this
point for the Chief of Police were:
· why we should put in the bylaw the allowable times in which peddlers and hawkers could practice their sales door-to-door and why this would not just be part of the Police Department permit that is issued;
·
if the offenses listed in the
·
Also, a temporary business is in business for
less than 12 months and is not mobile such as peddlers and hawkers. Some Towns seem to use the application time
(30-60-90 days to issue license) as a defense against temporary business
particularly in the case of those using 90 days prior to business venture one
must apply for a permit or license. The
opinion of those present seemed to be 60 days was fair and equitable and the
opinion of the Chief of Police would be sought on this matter as well.
·
Whether this amendment can be brought forward
for the Annual Town Meeting or if the matter needs more time for fine tuning
and accuracy in enforcement is yet to be determined but the committee felt that
if the Chief of Police was comfortable with language for an amendment the
amendment could go forward for the May 2006 meeting.
Research done and the referred to Town of
Ms. Cooper informed those present that Selectmen had requested that Chapter 6, Section 3, which regulates how Selectmen set, and change permit fees. be amended to remove: “by publication once a week for two consecutive weeks a proposed list of the fee schedule the Board intends to adopt.” The intent of this request seems to be financial in that the cost of advertising has become prohibitive.
A discussion ensued. Ms. Cooper will bring the following recommendation from the Committee to Town Administrator, Robert Reed:
Chapter 6 Section 3: The Board of Selectmen, by a majority vote of said Board, may from time to time, regulate and set fees for such municipal services, licenses, permits, filing entry fees and the like which are not otherwise established by the General Laws of the Commonwealth, previous Town vote, or another Town Board or agency acting under statutory authority. Prior to setting any such fees, the Board of Selectmen shall advertise by posting in the Town Hall, on the Town’s Official Web Site, on the local cable access television station and by regular mail notifying in writing, known parties to be effected by said increase, at least 2 weeks prior to the adoption of the fee change. The Board of Selectmen shall determine the effective date of the fee schedule at the time the schedule is adopted by a majority vote of the Board. The Board shall cause a true copy of said fee schedule be posted in the Town Clerk’s office as well as the Board of Selectmen’s office.
Ms. Cooper said that in a
Ms. Cooper indicated that she would call another meeting post haste if she felt that there was a need in order to formalize a peddler, hawker, and/or temporary business amendment.
With no further business to come
before the meeting adjournment took place at
Respectfully submitted,
Ruth White Kaminski, Member/Clerk
RK/cg