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TOWN GOVERNMENT STRUCTURE |
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Section 1.2.7 Time Limit for Filing Annual Operating Budgets |
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| Section 1.4.8 Matters not Requiring Planning Board Action |
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| Section 1.5.3 Officers |
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CHAPTER
1
TOWN
GOVERNMENT STRUCTURE
Annual
Town Meeting and Elections.
The annual town meeting shall be held on the first
Monday in May of each year. A copy of the Warrant calling such meeting
shall be posted in the Town Hall and in each Post Office in the Town. The
annual town elections shall be held on the third
Tuesday
of May
of each year. The Board of
Selectmen are directed and authorized to petition the General Court for any
legislation which may be necessary or useful in connection with the town
meeting or its actions. The Voters handbook, as provided in Section 2-5 (c) of
the Town Charter, shall be available to the public at Town Hall and the Public
Library not less than fifteen (15) days prior to the Annual Town Meeting.
*
NOTE:
* Various changes amended by Article 21, 2002 ATM
NOTE: * Various changes amended by Article 15, 2007 ATM
"The
polls will be open at 7 A.M. for all Town Annual and Special Elections."
Quorum.
Two hundred (200) registered voters shall constitute a quorum to begin any
session of any annual or special town meeting, provided however, that after
said quorum has been established, a quorum to continue to maintain the meeting
at any such session shall be one hundred fifty (150) registered voters.
Sessions devoted to the election of officers shall not be subject to this
quorum provision. *
NOTE:
* Various changes amended by Article 2, 2000 Nov STM
Seating.
The certified voter registration list, identification tags, and designated
seating areas, as directed by the Moderator, shall be used to ensure
separation of the legal voters from all others during the town meeting.
Motions
in Writing.
All motions shall be submitted in writing when required by the Moderator.
Reconsideration.
No vote shall be reconsidered unless notice of intention to ask for
reconsideration shall have been
given within one hour of meeting time after the vote to which such notice
relates has been announced.
Rules
of Order.
All questions or order shall be decided by the Moderator in accordance
with Robert's Rules of Order as interpreted by "Town Meeting
Time,
a handbook of Parliamentary Law", except as otherwise provided by
statute, and these bylaws, and provided further, that the following rule(s),
and procedure(s) shall supersede “Town Meeting Time” to the extent
necessary and shall be applicable to all town meetings:
1.
In
the event the Moderator is absent or unable to reside over any article or
articles for any reason, a Temporary Moderator shall be elected in accordance
with Chapter 39 Section 14 Paragraph 5,of the Massachusetts General Laws, to
conduct the meeting for the article or articles over which the Moderator is
unable to so preside. *
NOTE: * Various changes amended by Article 15, 2001 ATM
Vote
by Ballot.
Upon request of 15 voters a vote shall be taken by ballot.
Time
Limit.
Each daily session of an annual or a special town meeting shall begin
no earlier than 7:30 p.m. and shall conclude no later than 10:30 p.m. unless
at such hour a vote is in progress in which event the vote shall be completed,
or unless by 4/5ths vote of those in attendance it is voted to continue the
session beyond 10:30 and under no circumstance shall the town meeting be
allowed to continue after 11:30 p.m.
Articles
by Lottery.
Articles at any Annual and Special Town Meeting shall be considered in
order drawn as determined by lottery conducted under the direction of the Town
Clerk, except to the extent that the Board of Selectmen and Finance Committee,
by a majority vote of each board, notify the Moderator at the commencement of
each session of the Annual Town Meeting that certain articles are essential to
the exercise of the Town’s corporate functions and these articles shall be
heard prior to those drawn by lottery. The
criteria for this determination by the Board of Selectmen and Finance
Committee may include any of the following required authorizations; Annual
Operating Expenses; Enterprise Accounts; Stabilization Fund; Reserve Fund;
Chapter 90 Receipt of Highway Aid; and any unpaid bills.
In addition, Articles which are contingent upon action upon another
Article or Articles shall be acted upon in succession.”
*
NOTE:
* Various changes amended by Article 16, 2001 ATM
Sponsor
of Articles.
Each article submitted to the town meeting for vote shall at the conclusion
thereof state the identity of its sponsor.
In the case of a town board or committee: its name shall be so stated,
in the case of a town official: his or her name and title or position shall be
so stated, in the case of a private petition on behalf of a firm, organization
or other entity: its name shall be stated: and in all other cases: the first
signatory to the petition shall be considered the sponsor thereof. *
NOTE:
* Various changes amended by Article 4, 2000 Nov STM
Supervision.
The Selectmen shall exercise a general supervision over all matters affecting
the interests or welfare of the Town consistent with all relevant provisions
of the Town Charter.
NOTE:
* Various changes amended by Article 21, 2002 ATM
Legal
Proceedings. The
Selectmen may institute, prosecute, defend, compromise and settle
claims, actions, suits or other proceedings brought by, on behalf of,
or against the Town, provided, however, that they shall act upon advice of
counsel whenever they deem it necessary.
Appearances.
The Selectmen may appear (either personally or by counsel) before any
committee of the legislature, or board or commission, to protect the interest
of the Town, but are not authorized by this by‑law to commit the Town to
any course of action.
Statistics
in Annual Town Report.
The Selectmen shall include in their annual report such statistics as
they shall deem in order, to give the Town full information upon the subject
of the general welfare of the inhabitants of the Town.
Report
Regarding Town and County Ways. The
Selectmen shall in
their annual report state
in detail what action they have taken in the year preceding, in regard to Town
ways and county ways, and they shall state what ways have been altered, what
damages have been assessed and paid, what claims are outstanding, and what
claims are in suit against the Town.
Time
Limit for Annual Town Report.
It shall be the duty of the Selectmen to have printed annual reports of
the Town ready for distribution not later than fourteen days before the Annual
Town meeting, if practicable.
Time Limit for Filing Annual Operating Budgets. Each head of a department, board or committee or other officer in charge of the expenditures of the money of the Town shall not later than December 8th of each year file with the Town Administrator an operating budget on forms approved by the Town Administrator indicating the appropriation requested for the regular annual expenses of such department, board, committee, or office for the next fiscal year.
On or before January 15th of each year, the Town Administrator shall submit to the Board of Selectmen a proposed operating budget and a capital program and capital budget for all Town departments, including the School Department. The proposed budget shall be accompanied by a budget message and supporting documents as required by the Bourne Charter Article 7-1. The Board of Selectmen shall review the proposed budget and capital plan and make any changes deemed appropriate. They will then transmit the budget an capital plan to the Finance Committee on or before February 1st of each year.*
NOTE: * Various changes amended by Article 21, 2002 ATM
NOTE:
* Various changes amended by Article 20, 2007 ATM
Payment
Authorizations. Every bill shall, before being presented to the Finance
Director for payment, be signed by a person authorized by the head of the
department, or by a majority of the board or committee. Bills shall be listed
on a Schedule, in duplicate, which shall be signed by a person authorized by
the head of the department or by a majority of the board or committee.
Schedules shall be listed on the Treasury Warrant, prepared by the Finance
Director for approval by the Town Administrator in accordance with Section
7-5 of the Charter.*
NOTE: * Various changes amended by Article 21, 2002 ATM
NOTE: * Various changes amended by Article 19, 2007 ATM
Auditing.
The Selectmen may petition the Director of Accounts in the
Massachusetts Department of Corporations and Taxation for an audit of the
books and accounts of the Town, as provided in Chapter 44, Section 35 of the
Massachusetts General Laws.
Membership.
There shall be a Finance
Committee consisting of 12 voters of the town appointment by the Moderator,
none of whom shall hold any other town office. Town of
Bourne employees, including school employees, shall not be eligible for
appointment to,
or service on, the Finance Committee as provided in Section 2-9 of the Town
Charter.
The
Committee shall have one member from at least five
of the Town’s seven villages, namely; Sagamore, Bournedale, Bourne, Buzzards
Bay, Monument Beach, Pocasset and Cataumet, and seven
members at large. The term of service members of the committee shall be three
years. The term of service for four
members shall expire each year, and their successors shall be appointed by the
Moderator. No person shall be eligible for re-appointment as a member of the
Finance Committee unless he/she has attended at least 75% of all regular
meetings duly called by the Chairman of the committee during his/her tenure.
The Committee shall annually submit an attendance report to the Moderator.
*
NOTE:
* Various changes amended by Article 21, 2002 ATM
NOTE: * Various changes amended by Article 18,
2007
ATM
Duties. It shall be the duty of the Finance Committee to consider all matters of business included within the articles of the warrant for every Town Meeting. The Committee, after due consideration, shall report such recommendations as it shall deem best, concerning all articles in such warrant relating to the appropriation of money or which would otherwise occasion an expense to the Town. Said report and recommendations thereon shall be in accordance with all applicable provisions of the Town Charter, including Section 7-4 thereof.
NOTE: * Various changes amended by Article 21, 2002 ATM
Authorizations.
The Finance Committee or any person authorized to act for the Committee
shall have authority at any time to examine and investigate the books,
accounts, and the management of any department or officer of the Town, and the
books and accounts of the Town and all the officers thereof shall be open to
the inspection of the Committee.
Report
to Town Meeting.
The Finance Committee before the Annual Town meeting shall report to the Town
the estimates of the several departments, and the recommendations of the
Selectmen thereon, together with its own comments, suggestions and
recommendations thereon, and further the Finance Committee shall make a
recommendation on all other articles in the Warrant. All recommendations made
by the Finance Committee shall include the number of Ayes and Nays recorded
for each recommendation. Said report and recommendations thereon shall be in
accordance with all applicable provisions of the Town Charter, including
Section 7-4 thereof.
NOTE: * Various changes amended by Article 21, 2002 ATM
Reimbursement.
The members of the Finance Committee shall serve without pay for their
services; but they may be reimbursed for actual expenses incurred in the
discharge of their duties.
Termination
of Membership.
Any member of the Finance Committee absent from four consecutive
meetings of the Committee without rendering an excuse acceptable to the
Committee, shall there by cease to be a member thereof.
Vacancies occurring in this or any other manner shall be reported to
the Moderator who shall appoint a member to fill the unexpired term within a
period of thirty days from notification of the
vacancy.
Membership.
There shall be a Planning Board consisting of nine voters of the Town
elected as provided by Section 10-5 (i) of the Town Charter, beginning with
the Town Election in 2002. Terms of Associate Members shall be appointed as provided in
Section 1410, or any successor Section of the Bourne Zoning Bylaw.
Terms of members elected hereunder shall expire on the last day of an
Annual Town Election, and the terms of office for new members shall begin on
the first day following the Annual Town Election.
NOTE: * Various changes amended by Article 21, 2002 ATM
Organization.
The Planning Board shall annually organize by election from its own
members a Chairman, Vice Chairman and a Clerk, and may fix their compensation,
if any, and may employ and fix the compensation of such experts, clerical and
other assistants, as may be approved in each case by the Board of Selectmen. *
Powers
and Duties. The Planning Board shall be invested with all powers and
duties of Planning Boards under the General Laws of the Commonwealth as
adopted and amended.
Zoning
Actions at Town Meeting.
Planning Board shall make a report and recommendation on each article
in a town meeting warrant relating to or amending the Zoning Bylaw of the Town
of Bourne.
Public
Land. No public park, recreation area, or similar
land or facility for public use shall be created without prior
reference to the Planning Board for investigation and report to the Board of
Selectmen upon the same.
Buildings
and Roads. The location and placement of all proposed public buildings,
and acceptance of roads or improvement thereof, shall be referred to the
Planning Board for investigation and report to the Board of Selectmen thereon.
Reporting
on Referrals. In all cases referred to the Planning Board for
investigation, report, or other action, a failure of the Planning Board to
report in writing thereon to the Board of Selectmen within forty
five days from the date of its referral shall be construed as an
approval of the action requested.
Matter
Not Requiring Planning Board Action.
No matters involving ordinary maintenance and/or repairs shall require
action by the Planning Board.
Street
Names. The Board of Selectmen may after public hearing change the
name of streets, ways and alleys and shall approve the name of all streets. No
street sign shall be erected without approval of the name by the Board of
Selectmen.
Article
1.5 Capital Outlay
Committee
Membership.
There
shall be a Capital Outlay Committee, consisting of five (5) voters of the town
appointed as follows: The Selectmen shall appoint three (3) members at
large and two (2) members shall be appointed by the members of the Finance
Committee for its membership.
Finance
Director Ex-Officio. The Finance Director shall be an ex-officio
member and shall not be entitled to vote on making recommendations to be
included it its reports. *
Terms
of Appointments and Officers:
Members
shall be appointed for 3-year terms. The terms shall be so arranged that
the terms of all members of the Committee do not expire in the same
year. Members may be reappointed and they shall serve without
compensation. The Committee shall elect a Chairman. Vice-Chairman
and Clerk from among the members at its first meeting, on or after July 1st of
each year.
Duties.
It shall be the duty of the Committee to recommend annually what
capital outlay items as defined herein, will be required by the Town in the
next five (5) years.
In making this determination, the
Committee will consult with the Selectmen, Town Administrator, and with
Boards, Department Heads, and Committees of the Town. All Department Heads and
members of Town Boards and Committees will cooperate with the Committee and
respond to its requests for information. The Capital Outlay Committee as
established herein shall be the Committee designated to work in conjunction
with the Town Administrator in preparing a Capital Improvement Program and
Capital Budget as set forth in Section 7-2 of the Charter.
NOTE: * Various changes amended by Article 21, 2002 ATM
NOTE: * Various changes amended by Article 19, 2007 ATM
Annual
Report. The Capital Outlay Committee shall prepare an annual report of its
recommendations which shall be submitted to the Town Administrator, Board of
Selectmen and the Finance Committee on or before March 15th of each year. Said
report shall include its recommendations for the scheduling and financing of
capital outlays. The Committee shall make such further reports during the year
as the Town Administrator or Board of Selectmen may request.
NOTE: * Various changes amended by Article 21, 2002 ATM
Capital
Outlay Items Defined. Any
proposed article meeting the definition of a capital outlay item as herein
defined shall be presented to the Capital Outlay Committee for review as a
Capital Outlay item. A Capital Outlay item will refer to any activity that
meets one or more of the following criteria:
a.
The
acquisition of land or buildings.
b.
The
new construction, reconstruction, repair, replacement, or improvement of
buildings or other public facilities, drainage facilities, streets, sidewalks,
parks or improvements of land with a cost in excess of $20,000.00.
c.
The
purchase of major equipment, including motor vehicles, with a cost in excess
of $10,000.00.
d.
The
planning and design studies for any Capital Outlay item as defined.
e.
And
those items referred to the Capital Outlay Committee by the Finance Committee.
NOTE:
* Various changes amended by Article 26, 2000 ATM
Article
1.7 Recreation
Committee
Membership.
There shall be a Recreation Committee consisting of nine voters of the
Town appointed annually by the Board of Selectmen.
Organization.
The Committee shall annually organize by election from its members a
chairman, a vice
chairman, and a clerk.
Duties
and Responsibilities.
The Committee shall review all requests from private organization for
town funding of athletic and recreation programs, and shall transmit its
recommendations therefore
to the Selectmen and finance
NOTE: * Various changes amended by Article 15, 2008 ATM
Article
1.8 School Building
Committee
Membership:
There shall be a School Building Committee consisting of nine
registered voters of the Town of Bourne who shall be appointed as need
dictates by the Moderator. Three shall be representatives from the School
Committee, one representative from the Planning Board, the Finance Committee,
the Board of Selectmen, and three members at large. The Committee members
shall serve without compensation.
Superintendent
Ex
Officio. The Superintendent of Schools shall be an ex‑officio
member of the Committee and shall not be entitled to vote on recommendations
but shall serve in an advisory capacity during the meetings.
Officers.
The Committee shall elect from within its membership a Chairman, Vice‑Chairman,
and Secretary.
Duties:
The Committee shall function on school building projects requiring new
construction or an addition to an existing building. The Committee shall
assume the responsibility of owner for the purpose of selecting and
contracting with the architect and general contractor and shall authorize
payments for services rendered. The committee shall be responsible for such
other related matters as
may, from time to time, be
referred to it.
Reports:
The Committee shall prepare a
report of its activities which shall be submitted to the Board of Selectmen
on, or before, the first of July in order that it be included with the town's
Annual Report for that year. The Committee shall make such further reports as
may be requested by the Selectmen or the School Committee.
Term of Service.
The Committee's members shall serve
until the School Committee votes that the projects and responsibilities for
which the members were appointed have been completed. Upon such a vote by the
School Committee, the School Building Committee shall be disbanded until such
time as town meeting votes to authorize a new of different project. At the
time such a project is authorized by the town meeting, the Moderator shall
appoint a School Building Committee as set forth in Section 1.8.1.
The provisions of Section 2.4.3 concerning the staggering of
appointments shall not be applicable to said appointments.
The Moderator shall appoint a successor member to the
School Building Committee whenever there is a vacancy due to death,
resignation or inability to continue to serve because of membership
requirements as set forth in section 1.8.1. and/or Section 2.4.4, or act
anything thereon. *
NOTE: * Various changes amended by Article 8, 2000 Nov STM
Membership:
There shall be a By law Committee consisting of seven (7) voters of the Town,
one shall be from the Finance Committee, one shall be from the Planning Board,
and five (5) members at large, all of whom shall be appointed by the Board of
Selectmen. In addition the Police Chief or Chief’s designee shall
serve as an Ex-Officio member, for advice and counsel.
The Police Chief or Chief’s designee shall be a non-voting member. *
Organization:
Members shall be appointed for 3-year terms. The terms shall be
so arranged that the terms of all the members of the committee do not expire
in the same year. Members may be reappointed and they shall serve
without compensation. Any vacancies shall be filled in the same manner
as the original appointment for the remainder of the vacant term. *
Officers:
The
Committee shall elect a Chairman, Vice-Chairman and Clerk from among the
members at its first meeting on or after July 1st of each year. *
Duties:
The Bylaw Committee shall review the Town Bylaws and present any
revisions or amendments that they deem necessary and desirable to the Town
Meeting for appropriate action. Said Committee shall also review all proposed
Town Bylaws in advance of the presentation to the Town Meeting and shall make
their recommendation to the Town Meeting prior to any vote being taken
thereon, or to take any other action in relation thereto. *
NOTE:
* Various changes amended by Article 10, 2000 Nov STM