BY-LAW COMMITTEE
Marjorie A. Cooper, Chairman
Justina R. Lachapelle
John Kachadorian
Ruth White Kaminski, Member/Clerk
The bylaw committee met on
Marjorie A. Cooper, Chairman; Justina R. Lachapelle, John Kachadorian and Ruth White Kaminski.
Police Chief Hurley and Fire Chief Robert Wilson and Deputy Chief Thomas Wood appeared before the committee with a second draft of the proposed Alarm Bylaw. The original draft did not have definitions evident and Ruth asked why they had not placed definitions in the 2nd draft after it had been suggested that they consider such. Tom Wood felt that by referencing Massachusetts General Law they were tying in the definitions in the MGL. Ruth felt that the definition they were pulling into the local bylaw was regarding non criminal disposition only. After a lengthy discussion among all participants Chief Hurley agreed that they should insert some definitions that had been outlined. All agreed and Chief Hurley said he would redo the bylaw draft by adding the definitions, correcting spelling errors, and adding the section at the top of the bylaw indicating where it would be placed in the town bylaw book. He then will submit to bylaw committee to assure that said definitions and section additions are correct. The Bylaw committee through chairperson will submit in writing to the Town Administrator and Selectmen Monday.
A discussion was held regarding procedure for bylaws. It was felt that bylaws should come to the bylaw committee first and then to Selectmen in a proper manner in which they can submit to counsel for town meeting warrant and article. It was noted that this bylaw had gone to Selectmen already and was approved by that body ahead of the bylaw committee review.
Bylaw committee members felt that the bylaw committee needed to improve its presentation and image held by the Board of Selectmen. Committee members will work toward gaining more respect from the Town Administrator and Selectmen. Ruth said that the Town Administrator felt the bylaw committee was an added unnecessary step.
Attached to these minutes is the first draft of the bylaw submitted, Ruth Kaminski’s review of definitions for the group, the bylaw draft submitted at this meeting by Chief Hurley and the final with definitions added and sections changed highlighted so that the Selectmen can review the changes made since their support of the alarm bylaw draft.
The Board of Selectmen asked that the bylaw committee review an abandonment clause to assist committees with obtaining a quorum. Language suggested by Selectmen was: “board or committee members that miss a certain number of meetings for no apparent reason, and do no respond to certified mail requesting resignation by a date certain, may be replaced.
The Committee discussed this request at length and felt that this language would fit within the context of board and committee functioning in general that needed further clarification thus not drawing attention just to the abandonment clause. It was also felt that there are some appointments that are referred to in MGL and cannot be abandoned in this manner. Conservation Commission was discussed in that the Conservation Commission Act addresses abandonment in a different manner.
It was voted to add to Chapter 4, Section 6. Committees in General.
a) Swearing-in of Committees
All committees appointed in accordance with the vote of a
town meeting, whose duties include the expenditure of town funds, shall be
sworn to the performance of their duties within seven days of their
notification by the Town Clerk. Members of any committee, not so qualifying
shall be deemed to have vacated their offices, and the appointing authority(s),
shall fill the vacancies forthwith.
b) Record of
Attendance - Abandonment
The Chairman of each Board or Committee shall keep an attendance record
of each regular meeting, special meeting, executive session and other legally
conceived meeting of the Board or Committee. The record shall be
submitted quarterly to the Board of Selectmen and Town Clerk’s Office.
The record shall be presented by the twentieth day of the month following
the end of the quarter. At the request
of the Board or Committee, members that miss a certain number of meetings for
no apparent reason, and do not respond to certified mail requesting resignation
in writing by date certain shall be deemed to have vacated their appointment
and the appointing authority(s) shall fill the vacancies forthwith unless
otherwise provided for in Massachusetts General Laws or these bylaws.
c)
Boards/Committees to Organize
Forthwith after its appointment and annually, the Board or Committee shall
meet and organize by electing a chairman and a clerk. A majority of the
Board shall constitute a quorum for the transaction of business.
d)
Boards/Committees May Establish Rules
Town Boards may establish rules for the conduct of their duties.
e) Rules and
Regulations to be Submitted
Each Board or Committee having enacted rules or the conduct of their
duties is directed and required to furnish an attested copy to the Board of
Selectmen and the Town Clerk. Attested copies of all changes thereto are
to be submitted within ten (10) days of enactment.
f) Minutes
All Boards, Committees, Commissions, etc. elected or
appointed, standing or ad hoc, shall keep minutes of each meeting. A
copy of said minutes shall be sent to the Town Clerk within two weeks of their
approval.
Selectmen also asked that the Bylaw amend Chapter 9, Section 26 regarding Motor Vehicle Repair Licenses by deleting the last sentence referencing fee of $25 since fees are adjusted every 3 or 4 years. It was voted to agree that this amendment made considerable sense and should be amended accordingly.
It was also discussed that the Selectmen and Town Planner often referred bylaws that pertained to zoning to the General Bylaw Committee and that though these communications were informative they were not within the purview of the General Bylaw Committee. That which was sent most recently of this nature was the adjustment to the zoning bylaws regarding the 55 foot height of buildings. To this request the General Bylaw Committee has no comment as it would be a zoning bylaw change and would need to go through the Planning Board for submittal to Town Meeting.
It was noted that the Personnel Committee would be submitting proposed changes to the General Bylaw but that these had not come forward at this time.
It was noted that the Conservation Commission had not come forward with an amendment to the Wetland Bylaw as yet but planned to do so at a future town meeting.
It was noted that the 3rd meeting of the expanded bylaw committee for creation of a Storm water Bylaw will be held March 28th. The minutes of their last meeting are attached to these minutes for the record.
It was noted that Ruth would work with Marjorie to get the doings of this meeting in writing in the form of a memo for Monday to the Town Administrator and the Selectmen.
With no further business to come before the meeting
adjournment took place at
Respectfully submitted,
Ruth White Kaminski, Member/Clerk
Cc: Members
Town clerk
Appointing Authority