SPECIAL TOWN MEETING
JANUARY 25, 2010 – 7 p.m.
HIGH SCHOOL AUDITORIUM
A meeting of which the inhabitants of the town qualified to vote in elections and town affairs were notified by warrant issued by the Board of Selectmen and posted by Constable Walter L. Thayer, Jr., on January 8, 2010.
Moderator James E. Benson called the meeting to order at 7:00 P.M. With 181 qualified voters and 15 guests, the meeting proceeded as follows:
Art. 1. To see if the Town will vote to rezone from Industrial (I) to General Residential Farming (GRF) the following parcels of land on Manley Street to be consistent with the goals and objectives of the Town’s 2000 Master Plan Mission Statement and Strategic Outline: Assessors’ Map 3, Lots 13, 14, and 15 for a total of 46 +/- Acres or take any action relative thereto.
MOVE: That the Town vote to rezone from Industrial (I) to General Residential Farming (GRF) the following parcels of land on Manley Street: Assessors’ Map 3, Lots 13, 14, and 15 for a total of 46 +/- Acres.
UPON VOTE, MOTION UNANIMOUSLY DEFEATED
Art. 2. To see if the Town will vote to approve the transfer of the balance of borrowed funds available from Article 13 of the June 12, 2006 Annual Town Meeting that authorized the borrowing of $5,000,000 to renovate and construct an addition to the Police and Fire Station after successful passage of a proposition 2 ½ debt exclusion override ballot vote to a new Article for capital building/renovation projects with the same “scope” as the initial project with the approval of the Board of Selectmen or their designee, the Municipal Building Needs Committee or take any action relative thereto.
MOVE: That the Town vote to approve the transfer of $213,000, the balance of borrowed funds available from Article 13 of the June 12, 2006 Annual Town Meeting that authorized the borrowing of $5,000,000 to renovate and construct an addition to the Police and Fire Station after successful passage of a proposition 2 ½ debt exclusion override ballot vote to a new Article for capital building/renovation projects with the same “scope” as the initial project with the approval of the Board of Selectmen or their designee, the Municipal Building Needs Committee.
UPON VOTE, MOTION PASSED BY MAJORITY VOTE
Art. 3. To see if the Town will vote to appropriate, borrow or transfer a sum of money for acquisition costs to enable the Town of West Bridgewater to acquire and accept an Agricultural Preservation Restriction (APR) for Open Space and Conservation purposes under Chapter 44B on 116 acres more or less known as the Anderson Farm in West Bridgewater, Plymouth County, Massachusetts, being all or a portion of the following parcels shown on the West Bridgewater Assessors Maps as 45-44, 45-45, 45-49, 45-50, 45-59, 46-82, 52-19, 52-28, 53-25, 59-8, 59-16; the purchase price for said APR is $1,627,000; the APR to be co-held by the Town of West Bridgewater and the Massachusetts Department of Agricultural Resources; and that to fund said
purchase, to transfer a sum of money from the Community Preservation Fund; and to authorize the Treasurer, with the approval of the Board of Selectmen, to borrow a sum of money by bonding under the Community Preservation Act; and to accept any private donations received for the purposes of this article; and to authorize the Board of Selectmen to submit on behalf of the town any and all applications deemed necessary for grants, contributions, and or reimbursements from the Commonwealth of Massachusetts and/or any other state or federal programs in any way connected with the scope of this Article; and that the Board of Selectmen be directed to enter into all agreements and execute any and all instruments as may be necessary on behalf of the Town of West Bridgewater to affect said APR purchase; or take any other action thereon.
MOVE: That $400,000 is appropriated for acquisition costs to enable the Town of West Bridgewater to acquire and accept an Agricultural Preservation Restriction (APR) for Open Space and Conservation purposes under Chapter 44B on 116 acres more or less known as the Anderson Farm in West Bridgewater, Plymouth County, Massachusetts, being all or a portion of the following parcels shown on the West Bridgewater Assessors Maps as 45-44, 45-45, 45-49, 45-50, 45-59, 46-82, 52-19, 52-28, 53-25, 59-8, 59-16; the purchase price for said APR is $1,627,000; the APR to be co-held by the Town of West Bridgewater and the Massachusetts Department of Agricultural Resources; and that to meet the $400,000 appropriation, $75,000 shall be transferred from the Town’s Community
Preservation Fund and the Treasurer, with the approval of the Board of Selectmen is authorized to borrow $325,000 under GL chapter 44, GL chapter 44B or any other enabling authority under the Community Preservation Act; that the Board of Selectmen is authorized to accept any private donations received for the purposes of this article; that the Board of Selectmen is authorized to submit on behalf of the town any and all applications deemed necessary for grants, contributions, and or reimbursements from the Commonwealth of Massachusetts and/or any other state or federal programs in any way connected with the scope of this project for the purpose of financing the balance of the purchase price of the APR; and that the Board of Selectmen is authorized to enter into all agreements and execute any and all instruments as may be necessary on behalf of the Town of West Bridgewater and to take all other action necessary to effect said APR purchase.
UPON VOTE, MOTION PASSED UNANIMOUSLY
Art. 4. To see if the Town will vote to amend the Town’s Zoning By-Laws and current Water Resource Protection District Map dated May 2001 by deleting in its entirety, this section and map and insert and substitute new revised Section 4.6 entitled Water Resource Protection District and District Map dated July 2009 as follows:
“4.6 WATER RESOURCE PROTECTION DISTRICT
4.6.1 Purpose
The purpose of this Water Resource Protection District is to:
- promote the health, safety, and general welfare of the community by ensuring an adequate quality and quantity of drinking water for the residents, institutions, and businesses of the town of West Bridgewater ;
- preserve and protect existing and potential sources of drinking water supplies;
- conserve the natural resources of the West Bridgewater; and
- prevent temporary and permanent contamination of the environment.
The Water Resource Protection District is an overlay district superimposed on the zoning districts. This overlay district shall apply to all new construction, reconstruction, or expansion of existing buildings and new or expanded uses. Applicable activities and uses in a portion of one of the underlying zoning districts that fall within the Water Resource Protection District must additionally comply with the requirements of this Bylaw. Uses prohibited in the underlying zoning districts shall not be permitted in this District.
4.6.3.1 In addition to the definitions in Section 2, the following definitions apply to this section:
Aquifer: Geologic formation composed of rock, sand or gravel that contains significant amounts of potentially recoverable water.
CMR: Code of Massachusetts Regulations.
DEP: Massachusetts Department of Environmental Protection.
Water Resource Protection District: Those land area(s) designated on a map adopted pursuant to this Bylaw that provide recharge to an existing or planned public drinking water supply well. The District includes all areas designated as a Zone II and approved by the DEP.
Hazardous Material: Any substance or mixture of physical, chemical, or infectious characteristics posing a significant, actual, or potential hazard to water supplies or other hazards to human health if such substance or mixture were discharged to land or water. Hazardous materials include, without limitation: synthetic organic chemicals; petroleum products; heavy metals; radioactive or infectious wastes; acids and alkalis; solvents and thinners in quantities greater than normal household use; and all substances defined as hazardous or toxic under M.G.L. c.21C and 21E and 310 CMR 30.00.
Hazardous Waste: Any waste defined in the Massachusetts Hazardous Waste Regulations, 310 CMR Section 30.010. This includes, but is not limited to, waste oil, waste solvents, waste oil-based paint and waste pesticides.
Impervious Surface: Material or structure on, above, or below the ground that does not allow precipitation or surface water to penetrate directly into the soil.
Landfill: A facility established in accordance with a valid site assignment for the purposes of disposing solid waste into or on the land, pursuant to 310 CMR 19.006.
M.G.L.: Massachusetts General Law
Petroleum Product: Petroleum or petroleum by-product including, but not limited to: fuel oil; gasoline; diesel; kerosene; aviation jet fuel; aviation gasoline; lubricating oils; oily sludge; oil refuse; oil mixed with other wastes; crude oils; or other liquid hydrocarbons regardless of specific gravity. Petroleum product shall not include liquefied petroleum gas including, but not limited to, liquefied natural gas, propane or butane.
Non-sanitary wastewater: Wastewater discharges from industrial and commercial facilities containing wastes from any activity other than collection of sanitary sewage including, but not limited to, activities specified in the Standard Industrial Classification (SIC) Codes set forth in 310 CMR 15.004(6).
Open Dump: A facility operated or maintained in violation of the Resource Conservation and Recovery Act (42 U.S.C. 4004(a)(b)), or state regulations and criteria for solid waste disposal.
Potential Drinking Water Sources: Areas that could provide significant potable water in the future.
Recharge Areas: Areas that collect precipitation or surface water and carry it to aquifers. Recharge areas include DEP approved Zone I, Zone II, or Zone III areas.
Septage: The liquid, solid, and semi-solid contents of privies, chemical toilets, cesspools, holding tanks, or other sewage waste receptacles. Septage does not include any material that is a hazardous waste as defined by 310 CMR 30.000.
Sludge: The solid, semi-solid, and liquid residue that results from a process of wastewater treatment or drinking water treatment. Sludge does not include grit, screening, or grease and oil which are removed at the head-works of a facility
Treatment Works: Any and all devices, processes and properties, real or personal, used in the collection, pumping, transmission, storage, treatment, disposal, recycling, reclamation, or reuse of waterborne pollutants, but not including any works receiving a hazardous waste from off the site of the works for the purpose of treatment, storage, or disposal.
Very Small Quantity Generator: Any public or private entity, other than residential, which produces less than 27 gallons (100 kilograms) a month of hazardous waste or waste oil, but not including any acutely hazardous waste as defined in 310 CMR 30.136.
Waste Oil Retention Facility: A waste oil collection facility for automobile service stations, retail outlets, and marinas which is sheltered and has adequate protection to contain a spill, seepage, or discharge of petroleum waste products in accordance with M.G.L. c.21. s.52A.
Zone I: The DEP designated protective radius around a public water system well or well-field.
Zone II: The DEP approved area of an aquifer which contributes water to a well under the most severe pumping and recharge conditions that can be realistically anticipated as defined in 310 CMR 22.00.
Refer to Section 2 of this bylaw for additional definitions.
4.6.4 Establishment and Delineation of Water Resource Protection District
4.6.4.1 For the purposes of this District, there are hereby established within the town certain groundwater protection areas, consisting of aquifers or recharge areas which are delineated on a map. This map is at a scale of 1 inch to 1000 feet and is entitled ‘Water Resource Protection District’, town of West Bridgewater dated July 2009. This map is hereby made a part of this of Bylaw and is on file in the Office of the Town Clerk.
4.6.4.2 The boundaries of the district include the DEP approved Zone II. To facilitate locating the boundaries on the ground, they have been adjusted to identifiable features such as street lines or property lines.
4.6.5 District Boundary Disputes
4.6.5.1. If the location of the District boundary in relation to a particular parcel is in doubt, resolution of boundary disputes shall be through a Special Permit application to the Special Permit Granting Authority (SPGA). Any application for a special permit for this purpose shall be accompanied by adequate documentation.
4.6.5.2. The burden of proof shall be upon the owner(s) of the land to demonstrate that the location of the District boundary with respect to a parcel(s) of land is uncertain. At the request of the owner(s), the town may engage a professional engineer, hydrologist, geologist, or soil scientist to determine more accurately the boundaries of the District with respect to individual parcels of land, and may charge the owner(s) for the cost of the investigation. Amendments to the Water Resource Protection District require Town Meeting
approval.
4..6.5.3. Where the boundary line of the Water Resource Protection District divides a lot or parcel, the requirements established by this bylaw shall apply to the entire lot or parcel.
4.6.6 Permitted Uses
4.6.6.1. The following uses are permitted within the Water Resource Protection District, provided that all necessary permits, orders, or approvals required by local, state, or federal law are also obtained:
- conservation of soil, water, plants, and wildlife;
- outdoor recreation, nature study, boating, fishing, and hunting where otherwise legally permitted;
- foot, bicycle and/or horse paths, and bridges;
- normal operation and maintenance of existing water bodies and dams, splash boards, and other water control, supply and conservation devices;
- maintenance, repair, and enlargement of any existing structure, subject to Section 4.6.7 and Section 4.6.8 of this bylaw;
- residential development, subject to Section 4.6.7 and Section 4.6.8 of this bylaw;
- farming, gardening, nursery, conservation, forestry, harvesting, and grazing, on parcels of 5 acres or more in accordance with Chapter 40A, Section 3 of the General Laws, subject to Section 4.6.7 and Section 4.6.8 of this bylaw;
- construction, maintenance, repair, and enlargement of drinking water supply related facilities such as, but not limited to, wells, pipelines, aqueducts, and tunnels.
- all permitted uses including but not limited to principal structures, parking lots, roads and all impervious areas shall be designed using Best Management Practices for stormwater management as required by law and shall be permanently maintained in full working order by the owner.
4.6.7. Prohibited Uses
4.6.7.1. The following uses are prohibited within the Water Resource Protection District:
- landfills and open dumps as defined in 310 CMR 19.006;
- Class 3 automobile graveyards and junkyards, as defined in M.G.L. c.140B, s.1;
- landfills receiving only wastewater and/or septage residuals including those approved by the Department pursuant to M.G.L.c. 21 s.26 through s.53; M.G.L.c. 111 s.17; M.G.L. c.83, s.6 and s.7, and regulations promulgated thereunder;
- facilities that generate, use, treat, store, or dispose of hazardous waste that are subject to M.G.L. c.21C and 310 CMR 30.00, except for:
- very small quantity generators as defined under 310 CMR 30.000;
- household hazardous waste centers and events under 310 CMR 30.390;
- waste oil retention facilities required by M.G.L. c. 21, s.52A;
- water remediation treatment works approved by DEP for the treatment of contaminated waters
- petroleum products including gasoline, diesel, and heating oil bulk fueling stations and transfer terminals including, but not limited to, those listed under Standard Industrial Classification (SIC) Codes 5983 and 5171, not including liquefied petroleum gas and products for normal household use.
storage of liquid hazardous materials, as defined in M.G.L.c. 21E, and/or liquid petroleum products unless such storage is:
- above ground level and on an impervious surface; and
- either in container(s) OR above ground tank(s) within an approved protected structure in an area that has a containment system designed and operated to hold either; 10% of the total possible storage capacity of all containers OR 110% of the largest container’s storage capacity, whichever is greater.
- storage of sludge and septage, unless such storage is in compliance with 310 CMR 32.30 and 310 CMR 32.31;
- storage of deicing chemicals unless such storage, including loading areas, is within a structure designed to prevent the generation and escape of contaminated runoff or leachate;
- storage of animal manure unless covered or contained within a structure designed to prevent the generation and escape of contaminated runoff or leachate;
- earth removal, consisting of the removal of soil, loam, sand, gravel, or any other earth material to within 4 feet of historical high groundwater as determined from monitoring wells and historical water table fluctuation data compiled by the United States Geological Survey, except for excavations for building foundations, roads, or utility works;
- discharge to the ground of non-sanitary wastewater including industrial and commercial process waste water; this prohibition includes, but is not limited to, treatment or disposal works related to activities under the Standard Industrial Classification (SIC) Codes set forth in 310 CMR 15.004(6) (Title 5) except:
- the replacement or repair of an existing treatment works that will not result in a design capacity greater than the design capacity of the existing treatment works;
- treatment works approved by the DEP designed for the treatment of contaminated ground or surface water and operating in compliance with 314 CMR 5.05(3) or 5.05(13);and
- publicly owned treatment works.
- stockpiling and disposal of snow and ice containing deicing chemicals brought in from outside the district;
- storage of commercial fertilizers, as defined in M.G.L. c.128, s.64, unless such storage is within an approved structure designed to prevent the generation and escape of contaminated runoff or leachate.
- Class 2 auto dealers with on site service facilities
- dry cleaners that use or store liquid hazardous material on site.
4.6.8. Uses and Activities Requiring a Special Permit
4.6.8.1. The following uses and activities are permitted only upon the issuance of a Special Permit by the Special Permit Granting Authority (SPGA) under such conditions as they may require:
- enlargement or alteration of existing uses that do not conform to the Water Resource Protection District;
- those activities that involve the handling of toxic or hazardous materials in quantities greater than those associated with normal household use, permitted in the underlying zoning (except as prohibited under Section 4.6.7). Such activities shall require a special permit to prevent contamination of groundwater;
- farming, gardening, nursery, conservation, forestry, harvesting, and grazing on parcels of less than 5 acres.
- hospitals, nursing homes, convalescent homes, sanitariums, funeral establishments, veterinary hospitals and cemeteries.
- Class 1 auto dealers with service facilities and Class 2 auto dealers without service facilities.
- car washes.
4.6.9. Procedures for Issuance of Special Permit
4.6.9.1. The Special Permit Granting Authority (SPGA) under this bylaw shall be the Planning Board. Such special permit shall be granted if the SPGA determines, in conjunction with the Board of Health, Conservation Commission and Water Department that the intent of this bylaw, as well as its specific criteria, are met. The SPGA shall not grant a special permit under this section unless the petitioner's application materials include, in the SPGA's opinion, sufficiently detailed, definite, and credible information to support positive findings in relation to the standards given in this section. The SPGA may adopt regulations to govern design features of projects. Such regulations shall be consistent with subdivision regulations and other parts of this zoning bylaw.
The SPGA shall document the basis for any departures from the recommendations of the other town boards, departments or commissions in its decision.
4.6.9.2. The procedure for a Special Permit shall conform to Section 7.5 Special Permit of this bylaw.
4.6.9.3 After notice and public hearing, and after due consideration of any recommendations received from local boards within 30 days of the date copies were transmitted to them, SPGA may grant a special permit provided it makes a written finding that the proposed use:
a. is consistent with the purposes and intent of Section 4.6;
b. is appropriate to the hydrogeology, natural topography, soils and other characteristics of the site to be developed;
c. will not, during construction or thereafter, have any adverse environmental impact on the Water Resource Protection District.
d. will not adversely affect an existing or designated future public well.
4.6.10. Enforcement
4.6.10.1 Refer to Section 7.7 of this bylaw.
4.6.11. Severability
4.6.11.1 A determination that any portion or provision of this overlay protection district is invalid shall not invalidate any other portion or provision thereof, nor shall it invalidate any special permit previously issued there under,” or take any action relative thereto.
MOVE: That the Town amend the Town’s Zoning By-Laws and current Water Resource Protection District Map dated May 2001 by deleting in its entirety, this section and map and insert and substitute the new revised Section 4.6 entitled Water Resource Protection District and District Map dated July 2009 as printed on the Warrant and submitted to the Town Clerk.
MOTION BY STEPHEN F. HOBBS TO AMEND 4.6.3.1, BY ADDING NITROGEN LOADING LIMITATIONS TO THIS SECTION.
THE AMENDMENT WAS DEFEATED BY A MAJORITY VOTE.
MOTION MADE BY JERRY LAWRENCE TO AMEND 4.6.8.1 “ C”, TO ADD COMMERCIAL AFTER “C”
THE AMENDMENT PASSED UNANIMOUSLY TO ADD COMMERCIAL AFTER “C” TO 4.6.8.1.
UPON VOTE, THE MOTION PASSED BY A DECLARED 2/3 VOTE AS AMENDED
Art. 5. To see if the Town will vote to amend the Town’s Zoning By-Laws’ Table of Use regulations Section 4.4 Commercial and Industrial Uses – Item #5. “Manufacturing” by deleting (SA) Special Permit use designation within the Industrial (I) District and insert “(Y)” permitted use designation only, or take any action relative thereto.
MOVE: That the Town amend the Town’s Zoning By-Laws’ Table of Use regulations Section 4.4 Commercial and Industrial Uses – Item #5. “Manufacturing” by deleting (SA) Special Permit use designation within the Industrial (I) District and insert “(Y)” permitted use designation only.
UPON VOTE, MOTION PASSED BY A DECLARED 2/3 VOTE
Art. 6. To see if the Town will vote to amend the Town’s Zoning By-Laws Section 7.2.2.4 contained within Section 7.2 Site Plan Review by striking the language “until forty-five days from the filing of the site plan have elapsed” and replacing it with “until after thirty days from the filing of the site plan have elapsed,” or take any action relative thereto.
MOVE: That the Town amend the Town’s Zoning By-Laws Section 7.2.2.4 contained within Section 7.2 Site Plan Review by striking the language “until forty-five days from the filing of the site plan have elapsed” and replacing it with “until after thirty days from the filing of the site plan have elapsed.”
UPON VOTE, MOTION PASSED UNANIMOUSLY
Art. 7: To see if the Town will vote to adopt the following by-law entitled “Ethics Bylaw”:
Article __: Ethics Bylaw
Section 1. Purpose. This by-law establishes standards of conduct for officials and employees of the Town of West Bridgewater, in addition to those established by Chapter 268A of the Massachusetts General Laws. This by-law is intended to promote public confidence in Town government by deterring unethical conduct and promoting ethical practices by Town officials and employees.
Section 2. Enabling Authority. This by-law is adopted by the Town pursuant to the authority of M.G.L. Chapter 268A, § 23(e); The Home Rule Procedure Act, M.G.L. Chapter 43B, § 13; Article 2, § 6, of the Amendments to the Massachusetts Constitution; and all other authority thereto enabling.
Section 3. Definitions. The following terms when used in this by-law are defined as follows:
a. Conflict of Interest: A conflict of interest exists when a reasonable person, having knowledge of the relevant circumstances, would conclude that any town official can improperly influence or unduly enjoy his favor in the performance of his official duties, or that he is likely to act or fail to act as a result of kinship, rank, position, or undue influence of any party or person.
b. Ethics Committee: The Town of West Bridgewater Ethics Committee.
c. Good Standing: An individual is in good standing with the Town, within the meaning of this by-law, when not in current violation of any state statute, Town by-law, regulation, or enforcement order and when not more than six (6) months delinquent on Town real estate, excise, personal property or other taxes.
d. Harass or Harassment: To intentionally and improperly subject an individual to abusive, degrading, hostile, intimidating, humiliating or violent treatment. Good faith efforts to enforce or investigate for violations of the laws, rules or regulations of the Commonwealth, or the by-laws, rules or regulations of the Town of West Bridgewater, or any board, commission, department or office thereof, shall not constitute harassment.
e. State Ethics Law: Massachusetts General Laws Chapter 268A.
f. Town Agency: Any agency, board, body, commission, committee, department or office of the Town.
g. Town: The Town of West Bridgewater.
h. Town Official: Any person elected or appointed to, or employed or retained by, any public office of any public body of the Town of West Bridgewater, whether paid or unpaid, and whether full or part-time.
i. Personal matter: Any matter in which an individual’s rights, remedies, duties, obligations, authority, financial interest or other interest is at issue or subject to decision before a Town Agency.
Section 4. Good Standing. An individual must be in good standing to serve on or to seek appointment to a Town Agency.
Section 5. Conflict of Interest.
a. No individual may serve on two Town Agencies if such service creates an appearance of a conflict of interest. This includes individuals serving in an appointed position while also serving in elected office if such service creates an appearance of a conflict of interest.
b. All Town Officials shall comply with the requirements of the State Ethics Law, including but not limited to Sections 2, 3, 17-20, and 23 of the State Ethics Law. A violation of the State Ethics Law shall be deemed a violation of this by-law.
Section 6. Harassment.
a. No Town Official may use his or her Town office or position, or the color of said Town office or position, to harass another Town Official, Town employee or any resident of the Town.
b. No Town Official may use his or her Town office or position, or the color of said office or position, to initiate selective enforcement of a Town by-law, rule, regulation or order. This provision shall not be construed to limit in any way the power or the right of the Town to fully enforce its by-laws, rules, regulations or orders, nor shall it be construed to create a defense, affirmative or otherwise, to charges or allegations of violations of the same.
Section 7. Motivation for Service.
a. Any individual seeking appointment to a Town Agency is not qualified for appointment if said individual reasonably anticipates a personal matter coming before the Town Agency for which appointment is sought within a six-month period from the date of appointment. b. Any individual seeking appointment to a Town Agency may not be appointed if said individual has been the subject of an enforcement order or has had a personal matter before the same Town Agency within the previous six months from the proposed date of appointment.
Section 8. Enforcement Authority. The Board of Selectmen shall be the enforcement authority for this by-law. The Board of Selectmen shall adjudicate any matter referred to it by the Ethics Committee, with the exception of any matter in which the subject of the ethics investigation is a member of the Board of Selectmen.
Section 9. Ethics Committee.
a. A permanent Ethics Committee shall be established by the Board of Selectmen. Said Committee shall have such authority as is granted under this by-law.
b. The Ethics Committee shall consist of five voting members and one non-voting member. Each voting member shall be appointed for a three (3) year term. Initially two voting members shall be appointed for a one (1) year term, two shall be selected for a two (2) year term, and one (1) shall be selected for a three (3) year term. The non-voting member shall be a member of the Board of Selectmen, shall be appointed by the Board of Selectmen.
c. The Ethics Committee shall organize and elect a chairman, vice-chairman and clerk. The Committee shall hold regular public meetings as necessary to carry out the requirements of this by-law, keep permanent records and do all things required by law of a public body.
Section 10. Ethics Committee Duties.
a Complaints alleging violations of this By-law shall be initially reviewed by the Ethics Committee.
b. The Ethics Committee shall follow the following complaint review procedures:
(1) Complaints must be in writing and addressed to the Ethics Committee. The Complaint shall be made on a form available online at the Town website and also available from the Selectmen’s office. Complaints may be made anonymously. The identity of the complainant need not be disclosed on the complaint form or otherwise. The complaint is initiated when filed with the Ethics Committee secretary.
(2) The Ethics Committee must convene and review complaints within forty-five (45) days of receipt by the Ethics Committee.
(3) The Ethics Committee shall review complaints in executive session pursuant to the procedures of the state open meeting law, M.G.L. chapter 39, sections 23A-23C, as amended.
(4) The Ethics Committee shall either refer the matter to the Board of Selectmen or dismiss the complaint within 120 days of receiving said complaint. If the Ethics Committee fails to act on a complaint within 120 days after filing, the complaint shall deemed to have been referred to the Selectmen for further review.
c. The Ethics Committee shall have the following powers in reviewing a complaint:
(1) The Committee shall conduct an initial review of the complaint and determine whether the complaint states sufficient facts to warrant further inquiry. A complaint states sufficient facts to warrant further inquiry if the allegations of the complaint would constitute a violation of this bylaw or M.G.L. Chapter 268A if said allegations were found to be true. If a complaint does not state sufficient facts to warrant further inquiry, it shall be dismissed. If a complaint does state sufficient facts to warrant further inquiry, the Ethics Committee shall commence an investigation and conduct hearings to determine whether good cause exists to believe that a violation of this by-law has been committed.
(2) If the subject matter of the complaint falls within the purview of the State Ethics Law, M.G.L. Chapter 268A, the Ethics Committee may refer the matter to the State Ethics Commission. Referral of a matter to the State Ethics Commission does not preclude further local action by the Town pursuant to the provisions of this by-law.
(3) The Ethics Committee may request the appearance of any individual who is the subject of a complaint. The Committee may also conduct its own investigation and call upon witnesses. In conducting its investigation the Ethics Committee shall be authorized to consult with Town Counsel.
(4) Any individual who is the subject of a complaint under this by-law shall be notified of the same by the Ethics Committee. Any such individual may request a hearing before the Ethics Committee, and shall be entitled to be present at all meetings of the Ethics Committee at which the complaint against him or her is discussed.
(5) Upon determining whether good cause exists to believe that a violation of this by-law has been committed, if such good cause is found to exist the Committee shall forward the matter to the Board of Selectmen for further review and a final decision, or, if such good cause is not found to exist, the Committee shall dismiss the complaint.
(6) At the close of its investigation, the Committee shall issue a written report stating its findings of fact and the reasons for its decision. A copy of said report shall be provided to the individual who was the subject of the complaint and investigation. If the matter is referred to the Board of Selectmen based on a finding that good cause exists to believe that a violation of the by-law has been committed, the Committee shall furnish a copy of its report to the Board of Selectmen and to the individual who is the subject of the investigation.
d. The Ethics Committee shall keep any complaint made pursuant to this by-law confidential until a determination is made whether the complaint warrants a review by the Board of Selectmen. The only document generated by the Committee in reviewing and investigating a complaint that shall be disclosed to the public is the final report of the Committee. In the event that a matter is referred to the Board of Selectmen for further review, the identity of and the circumstances involving the individual who is subject of the complaint shall not be disclosed to the public unless the Board of Selectmen renders a final determination, and only if the final determination finds the town official in violation of the by law.
e. The Ethics Committee may establish rules and regulations necessary to implement the provisions of this by-law, subject to approval by the Board of Selectmen.
Section 11. Penalty For Violation.
a. Any Town Official who violates this by-law shall be subject to appropriate discipline. The following disciplinary options are available under this by-law:
(1) A letter to the Town Official stating that the Ethics Commission reviewed the complaint and did not recommend further action;
(2) A letter to the Town Official stating a final determination that the Town Official violated this by-law;
(3) Censure, suspension, or removal of a Town Official from his or her appointed position on a Town Agency.
b. Any disciplinary action pursuant to this by-law shall be implemented consistent with applicable law and the requirements of any applicable employment contract or collective bargaining agreement.
c. A violation of this by-law shall be punishable by a fine of not more than $300.00 per offense, in addition to any fine imposed pursuant to state law including but not limited to the provisions of Chapter 268A of the Massachusetts General Laws.
Section 12. Complaints Against Members of the Board of Selectmen. In the event that a member of the Board of Selectmen is the subject of an ethics inquiry, the Ethics Committee shall have the following authority in addition to the authority granted to it elsewhere under this by-law:
a. To review the matter independently and confidentially with Town Counsel without knowledge given to the Board of Selectmen;
b. To serve as the enforcement authority as provided in this by-law. In serving as enforcement authority the Ethics Committee shall follow all procedures and shall have all powers of the enforcement authority as set forth in this by-law.
Section 13. Complaints Against Members of the Ethics Committee. In the event that a member of the Ethics Committee is the subject of a complaint under this by-law, the Board of Selectmen shall act as Ethics Committee and as enforcement authority with respect to such a complaint, shall have exclusive jurisdiction over said complaint, and shall follow all procedures for adjudication of complaints as set forth in this by-law.
Section 14. Cooperation Between Ethics Committee and Board of Selectmen. The Ethics Committee and the Board of Selectmen may meet jointly, in executive session if appropriate, at any time during the investigation and deliberation process under this by-law.
Section 15. Final Determination In Open Session. In the event that the Board of Selectmen, or Ethics Committee when acting as the Enforcement Authority, finds that a Town Official has violated the local ethics by-law, the Board of Selectmen or Ethics Committee, as the case may be, must make said determination in open session.
Section 16. Notification to Complainant. All correspondence from the Ethics Committee to a complainant, including complaint forms promulgated by said Committee, shall advise complainants that they may file a complaint with the State Ethics Commission and shall advise the complainant of the address, telephone number, and internet address (if available) of the State Ethics Commission, or take any action relative thereto.
MOVE: That the Town adopt the new by-law entitled “Ethics Bylaw” in its entirety as printed on the warrant.
BOARD OF SELECTMEN RECOMMENDED TO PASS WITOUT ACTION
UPON VOTE MOTION PASSED BY A MAJORITY VOTE
Art. 8. To see if the Town will vote to accept, in accordance with MGL, Chapter 82, Sections 22 to 24, as a Town way, United Drive, as laid out by the Board of Selectmen, approved by the Planning Board,~and filed with the Town Clerk, or take any action relative thereto.
MOVE: That the Town accept, in accordance with MGL, Chapter 82, Sections 22 to 24, as a Town way, United Drive, as laid out by the Board of Selectmen, approved by the Planning Board,~and filed with the Town Clerk.
UPON VOTE, MOTION PASSED BY A MAJORITY VOTE
Art. 9. To see if the Town will vote to appropriate a sum of money for the purpose of financing the following water pollution abatement facility projects: repair, replacement and/or upgrade of septic systems, pursuant to agreements with Board of Health and residential property owners, including without limitation all costs thereof as defined in Section 1 of chapter 29C of the General Laws; to determine whether this appropriation shall be raised by using the monies repaid to the Town by current outstanding loans that are in excess of amounts due to be repaid to the Massachusetts Water Pollution Abatement Trust or otherwise, or to take any other action relative thereto.
MOVE: That monies previously repaid through the septic system repair loan program by the property owners be raised and appropriated for the purpose of financing additional water pollution abatement facility projects: repair, replacement and/or upgrade of septic systems, pursuant to agreements with the Board of Health and the residential property owners, including without limitation all costs thereof as defined in Section 1 of chapter 29C of the General Laws; that to meet this appropriation the Treasurer with the approval of the Board of Selectmen is authorized to reissue the funds for additional water pollution abatement facility projects; that project and financing costs shall be repaid by the property owners in accordance with the agreements authorized
under these statutes and at 5% interest per annum, of which the proceeds from such interest, as well as any amounts received from the homeowner for the repayment of such loans shall be credited to the “Reserve for appropriation – W.P.A.T. Loan Repayment Account;” and shall with approval of Town Meeting be used to fund the repayment of any loans granted by the Water Pollution Abatement Trust under this authorization.
UPON VOTE, MOTION PASSED UNANIMOUSLY
Art. 10. To see if the Town will vote to transact any business that may legally come before this meeting.
MOTION TO ADJOURN AT 9:30 P.M.
A true copy, Attest: ________________________________________
Nancy L. Morrison, Town Clerk, CMC, CMMC
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