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| ARTICLE 75: | AMEND GENERAL BY-LAWS - SECTION 9.2.2.6 (BOARD OF HEALTH REGULATIONS |
MOVED that the Town vote to Amend its General By-Laws by deleting Section 9.2.2.6 in its entirety and replacing it with the following:
"9.2.2.6 Board of Health Regulations
Enforcement Agent: Health Director, Environmental Health Agent and Public Health Nurse
Fine Schedule:
First Offense - twenty five dollars ($25)
Subsequent Offenses - one hundred dollars ($100)
Enforcement Agent: Health Director, Environmental Health Agent and Public Health Nurse
Fine Schedule:
First Offense - twenty five dollars ($25)
Subsequent Offenses - one hundred dollars ($100)
Enforcement Agent: Health Director, Environmental Health Agent and Public Health Nurse
Fine Schedule:
$25 - First Day
$50 - Subsequent days
Article 1 Section 1.6 Retail Sale of Tobacco Products
Enforcement Agent: Health Director, Environmental Health Agent, Tobacco Control Program Director, or Public Health Nurse
Fine Schedule:
First Offense - Warning
Second Offense - one hundred dollars ($100)
Third Offense - two hundred dollars ($200)
Fourth and Subsequent Offenses - three hundred dollars ($300)
Enforcement Agent: Health Director, Environmental Health Agent and Public Health Nurse
Fine Schedule:
First and Subsequent Offenses: $300 Fine
Enforcement Agent: Health Director, Environmental Health Agent, Tobacco Control Program Director, or Public Health Nurse
Fine Schedule:
First Offense - warning
Second Offense - twenty dollars ($20)
Third and Subsequent Offenses - fifty dollars ($50)"
Article 75 Explanation: Proposed changes apply to the Non-criminal
Disposition of Board of Health regulations. Changes would add the Public
Health Nurse as enforcing agent, change name of Sanitarian to Environmental
Health Agent, increase the fines for violations of Article 3 - Disposal
of Refuse and Article 4 - Nuisance and General Sanitation and add a $300
fine for violations of the Well Drilling and Registration Regulation.
Town Meeting Actions (5/18/98 10:45 pm - 10:46 pm)
| ARTICLE 76: | ACCEPT MGL CHAPTER 40 SECTION 8G (AGREEMENTS FOR MUTUAL POLICE AID) |
MOVED that the Town vote to accept MGL Chapter 40 Section 8G.
Article 76 Explanation: This law allows the Town, through
the Police Chief, to enter into mutual aid agreements with other towns
for the use of personnel and equipment for those situations where the town
resources are insufficient to handle a particular activity or event.
Town Meeting Actions (5/18/98 10:47 pm)
| ARTICLE 77: | AMEND GENERAL BY-LAW SECTION 2.1.5 (ABSENCES BY MEMBERS OF APPOINTIVE COMMITTEES) |
MOVED that the Town vote to amend Section 2.1.5 of the General By-Laws by deleting paragraphs 2.1.5.1 and 2.1.5.2 in their entirety and replacing them with the following paragraphs:
"2.1.5.1 DefinitionsFor the purposes of this Section 2.1.5 the following words shall have the following meanings:
a) appointive committee: A committee, commission or board of the Town composed of members appointed by one or more appointing authorities and created by:
b) Excessive absences: The failure to attend three or more consecutive meetings of the appointive committee.
- Town by-law,
- vote of Town Meeting,
- vote of a committee, commission or board of the Town, or
- interdepartmental agreement.
c) Medical incapacity: The determination of a duly licensed medical doctor that the person is incapable of performing the duties of the office because of a lack of physical or mental capacity.
2.1.5.2 The appointing authority may remove and replace any person it has appointed to an appointive committee prior to the end of his or her term for excessive absences from committee meetings or because of medical incapacity, but only upon the written request of a majority of the remaining members of the appointive committee."
Article 77 Explanation: The 1977 Annual Town Meeting approved
a General By-Law to address those situations when a member is excessively
absent from an appointive committee. The Attorney General rejected the
by-law because the term "excessive absences" was not adequately defined.
Town Counsel has redrafted the by-law with clear definitions.
Town Meeting Actions
| ARTICLE 78: | ACCEPT MGL CHAPTER 143 SECTION 3Z (LOCAL BUILDING INSPECTOR AUTHORIZED TO ENGAGE IN PRIVATE PRACTICE) |
MOVED that the Town vote to accept MGL Chapter 143 Section 3Z allowing part-time building inspectors, local inspectors or alternative inspectors to engage in private practice or employment.
Article 78 Explanation: Current State regulations prohibit
local inspectors and part-time and alternate building inspectors from engaging
in any private business within the Town. Acceptance of this statute will
allow these employees to engage in private practice in the Town. This is
important since the Town employs various local tradesmen (plumbers, electricians)
as alternate inspectors. If this law is accepted, these employees will
continue to be prohibited from inspecting any work in which they are associated
as part of their private practice.
Town Meeting Actions (5/18/98 10:48 pm - 10:52 pm)
| ARTICLE 79: | AMEND GENERAL BY-LAWS SECTION 1.2 (POSTING OF TOWN MEETING WARRANT) |
MOVED that the Town vote to amend its General By-law by deleting Section 1.2 in its entirety and replace it with the following:
"Section 1.2 NotificationAll Town Meetings shall be notified and warned by posting attested copies of the Warrant calling for the Town Meeting in not less than twenty public places in the Town at least seven days before the Annual Town Meeting and at least fourteen days before any Special Town Meeting."
Article 79 Explanation: The current By-law is ambiguous and
inconsistent with State law regarding the posting of the Warrant for a
special town meeting. The proposed change would establish a 14 day posting
requirement for a special town meeting, consistent with MGL Chapter 40
Section 10.
Town Meeting Actions
| ARTICLE 80: | AMEND GENERAL BY-LAWS (DETERMINE BY TWO-THIRDS VOTE) |
MOVED that the Town vote to amend Section 1.4 of the General By-Laws by amending the name of that section from "Roll Call" to "Votes", by renumbering the presently existing text to paragraph "1.4.2" and by adding a new paragraph "1.4.1" as follows:
"1.4.1 If two-thirds, four-fifths or nine-tenths vote of the Town Meeting is required by statute, a count shall not be taken unless it is deemed necessary by the Moderator in the fulfillment of the duties of the office."
Article 80 Explanation: A recent change in State law allows
a town to pass a local by-law permitting the Town Moderator to declare
certain votes (two-thirds, four-fifths, nine-tenths) without calling for
a specific count of those voting yea and nay.
Town Meeting Actions (5/18/98 10:53 pm - 10:56 pm)
| ARTICLE 81: | AMEND GENERAL BY-LAWS (LIEN UNCOLLECTED SOLID WASTE CHARGES) |
MOVED that the Town vote to amend the General By-Laws by adding a new section 2.2.3.5 as follows:
"2.2.3.5 Municipal /Changes Lien. The Town, acting through its Board of Selectmen, shall impose a lien on real property located within the Town for any solid waste disposal fee or charge which has not been paid by its due date, in accordance with the provisions of MGL Chapter 40 Section 58."
And renumber subsequent sections accordingly.
Article 81 Explanation: Effective in January 1998, the Town
instituted a billing system for commercial haulers using the Recycling
and Transfer Station. In addition, users disposing of certain bulky goods
are invoiced for the disposal of these materials. This by-law, if adopted,
will allow the Town to lien onto the property bill any unpaid solid waste
disposal fee or charge.
Town Meeting Actions
| ARTICLE 82: | AN ACT TO ALLOW THE VOTERS IN THE TOWN OF NEEDHAM TO DECIDE IF THE TOWN OF NEEDHAM SHALL HAVE A HORACE MANN CHARTER SCHOOL |
To see if the town will authorize the Board of Selectmen to petition the General Court, in compliance with clause (1), Section 8 of Article LXXXIX of the Amendments of the Constitution, for the enactment of a special law substantially in the following form of the proposed act printed below as part of this article and entitled "AN ACT TO ALLOW THE VOTERS IN THE TOWN OF NEEDHAM TO DECIDE IF THE TOWN OF NEEDHAM SHOULD HAVE A HORACE MANN CHARTER SCHOOL" or in such form as the General Court may deem appropriate, as law relating to the Town of Needham.
Be it enacted by the Senate and House of Representatives in the General Court assembled and by the authority of same, as follows:
SECTION 1. The following ballot question shall be placed on the ballot in the Town of Needham in the first general election following the enactment of this act:
"Shall the Town of Needham have a Horace Mann Charter School ?"
SECTION 2. If a majority of the voters in said election vote in the negative on this ballot question, then no Horace Mann Charter School shall be built, exist or be implemented in the Town of Needham and no building owned by the Town of Needham shall be renovated for the purpose of housing a Horace Mann Charter School, and all work started to implement a Horace Mann Charter School in the Town of Needham shall cease and desist immediately. Furthermore, if a majority of the voters in said election vote in the negative on this ballot question, any charter granted for a Horace Mann Charter School to the Needham Public Schools, Needham School Committee, Horace Mann Charter School Board of Directors in the Town of Needham, or any other town department or appointed or elected body will immediately be null and void and be terminated.
SECTION 3. This act shall take effect upon enactment.
Or take any other action relative thereto.
INSERTED BY: Citizen's Petition
FINANCE COMMITTEE RECOMMENDS THAT: No Position Taken
Article 82 Explanation: None provided by proponents.
Town Meeting Actions
| ARTICLE 83: | RESOLUTION FOR SCHOOL COMMITTEE TO RECONSIDER THE HORACE MANN CHARTER SCHOOL |
To see if the town will adopt the following resolution:
RESOLVED: The Town of Needham, the School Committee, and the people of Needham have not had adequate time to properly evaluate the impact of the Horace Mann School on the entire school system and the town at-large, and did not solicit enough input from the community to make an informed decision.We therefore recommend that the Needham School Committee reconsider implementing the Horace Mann Charter School at High Rock School or at any other location and to solicit further comment from the community, and present to the town a report on the impact of the Horace Mann Charter School relative to the rest of the school system and the town at-large, including without limitation, capital improvements and new construction.
Or take any other action relative thereto:
INSERTED BY: Citizen's Petition
FINANCE COMMITTEE RECOMMENDS THAT: No Position Taken
Article 83 Explanation: None provided by proponents
Town Meeting Actions
| ARTICLE 84: | AMEND GENERAL BY-LAWS SECTION 1.15 (THREE YEAR OPERATING AND CAPITAL BUDGET) |
MOVED that the Town vote to require that the Board of Selectmen direct the Town Administrator and the Director of Finance to prepare and submit to the Town Meeting a projected Consolidated Operating and Capital Budget for the Town for the next three fiscal years commencing with FY2000, and annually for each rolling three year period, with the first Budget to be submitted at any Special Town Meeting that might be called during FY1999, and subsequent Budgets to be submitted at each Annual Town Meeting.
Article 84 Explanation: The Needham Taxpayers Association (NTA) has sponsored and recommends for adoption a Warrant Article that would require town management to develop and present to all annual Town Meetings a multi-year consolidated town budget / financial plan.
The NTA feels this is urgently needed for a number of reasons. Needham's Town budget is approaching $60 million. Town Meeting is repeatedly asked to approve expenditures for labor contracts and borrowing to support capital projects in a financial vacuum. This dynamic is a disservice to all Town Meeting Members as they are called upon to exercise the most important power of Town Meeting; prudent use of taxpayers funds to run the Town of Needham. What is critically needed is for these decisions to be made in the context of future year consequences of those spending / borrowing decisions on the entire budget.
Town Meeting Members have a fiduciary responsibility to all of the taxpayers of Needham. They cannot and should not be expected to properly discharge this duty in the absence of the adequate budgetary information found in a sound long term financial context.
Town Meeting Actions (5/18/98 10:56 pm - 10:59 pm)
