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By-Law Review Committee Annual Report 2003
BY-LAW REVIEW COMMITTEE

The By-Law Review Committee was established under Article 25 of the General By-Laws.  The principal function of the By-Law Review Committee is to review proposals for General By-Law changes.  It is not charged with the task of proposing substantive changes on its own.  If requested by the Selectmen or another Town Board or officer, the Committee will assist in drafting amendments or additions to the General By-Laws that are proposed for inclusion in the Warrant for any Town Meeting.  The Committee is also charged with the duty of reporting to the Town Meeting any recommendations it considers appropriate on any article in a Town Meeting Warrant that proposes an amendment or addition to the General By-Laws.

In 2003 prior to the Annual Town Meeting, the Committee reviewed seven warrant articles proposing amendments to the General By-Laws.

Article 20 proposed changes to the schedule of fines for violations of a bylaw regulating dogs and cats within the Town (section 20.10.16).  The Committee suggested the proposed new schedule of fines be amended so as not to exceed limits imposed by section 173A of Chapter 140 of the General Laws referenced in section 20.10.16 and, with this change, approved Article 20.

The Committee approved Article 21 which made a minor change in the Newsracks By-Law (Article 27 of the General By-Laws), eliminating a reference to a $25 fee for license applications.  

Article 22 related to the establishment of Kennel Regulations (new Article 28 of the General By-Laws).  The Committee had substantial input respecting an early draft of the proposed bylaw, leading to a simplified final version.  This version was approved by the Committee.

Article 23 proposed a new Article 29 of the General By-Laws relating to the Conservation Commission.  An early draft submitted by the Conservation Commission proposed a set of rules for the use of Rock Meadow.  Since state law authorizes the Commission to make rules and regulations without benefit of a change to the Town’s bylaws, the Committee suggested that the specific set of rules be replaced by a general authorization of the Commission to make and publish rules and regulations, reinforcing the provisions of state law.  The Committee also suggested amplification of a reference in the proposed bylaw to non-criminal disposition of violations under the provisions of Chapter 40, section 21D, of the General Laws.  These changes were incorporated in the motion on the article presented to the Town Meeting, which was approved by the Committee.

Article 36 proposed a new section 4.8.5 of the General By-Laws establishing the position of Director of Public Works.  This article was approved, subject to the deletion of a reference to a non-existent provision – section 9A – of Chapter 31 of the General Laws.

Article 37 proposed a new Article 7 of the General By-Laws titled “Water Advisory Board” replacing existing Article 7 respecting the Water Commissioners.  (The amendment was not to take effect until the approval of a home rule petition reorganizing the public works function in the Town, which, among other things, proposed abolition of the Water Commission.)  Article 38 proposed changes to Article 10 of the General By-Laws changing the role of the Board of Cemetery Commissioners.  This amendment was also not to take effect until approval of the home rule petition.  Both articles were approved by the Committee.

All approvals of warrant articles were as to form and placement in the General By-Laws.  Motions made under all of these articles were approved by the Town Meeting.

Prior to a Special Town Meeting held on November 17, 2003, the Committee reviewed Article 4 of the warrant proposing the addition of a new section 4.14 to Article 4 regarding the Board of Selectmen, establishing increased fees for sealing weighing and measuring devices.  The Committee recommended changes to the proposed article to give more context to the proposed new section – specifically with regard to the Selectmen’s authority to appoint the sealer of weights and measures.  Subject to these proposed changes, which were made, the Committee approved the Article as to form and placement in the General By-Laws.  The motion under the article was approved by Town Meeting.

Following the Annual Town Meeting, long-time member of the Committee Julie Rate Perkins elected not to seek reappointment to the Committee upon expiration of her term.  She was replaced by Rebecca Webb.  We thank Julie for her many years of constructive input and able service on the Committee.

Respectfully submitted,
Charles M. Hamann, Chairman

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