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Home My WebLink About1974-BOS-rpt.pdf / ) trakt - iWORT AND RECOMENDATIOW OF TUE BOARD OF SELECTMEN RELATIM TO ARTICLE 82 Or THB WARRANT POR TRE- 1974 ANNUAL TOWN MEETING The Board of Selectman recommend the following amendments to the General By-Laws of th., Town of Lexington in order to make them compatible with the provisions of Chapter 753 of the Acts of 1968 (ttellown Manager Act). A. ArticleVI - SA.et.mpn a. Recommendations Delete sections 4, 5 and 6 of Article VI 1gwiththe Police Department and special police- men and policewomen. Reasons The To Manager appoints tha Police Chief. The To Manager is responsible for the efficient adminiatra- tion of all officers appointed by him and their respective deparftents. With the qoroval of the Selectmen, the Town Manager formulates personas,' practices and standards. Ue also sppoints all other employ,es of the Town. b. Reoemmend;tion: Delete sections 9 and 10 of Article VI with the Town Office Building. Reason: The To Manager has jurisdiction over the rental and use of all to property. • Recommendation: Delete all words after the Word "holidays" in section 11 of Article VI. The section will read as follows: "'That portion of the TOM Office Building which is occupied by the officers of the Board of Se/Getman, or Board of Public Works, the To clerks the Town Treasurer, and the Collector of Ta-ess shall be kePt open dontie/17 for the trAnsactiou of business for eight hours each week daYs aulePt holidaYS04 Reasmng The Town Manager has jurisdiction hero el. Recommendation; Delete tion /2 of Article VI and substi- tuite therefor the following; "The Town Men ger mays with the aPProval of the Selectmens,soll anY Personal Property or material no longer required and not exceeding one thou,- sand dollars in value." Reason: The. 'Town Manager has responsibility for personal property and materials. Tho three hundred dollar limit in the current by-law is thought to be too low et today's prices. Town meeting action is required in order to dis- pose of property valued in excess of three hundred dollars. This amendment will make such action unnecessary with resect to ProPertY valued under one thousand dol/ars. • . R4 ,isvondp- olv Renwhog the verapAnitg 4e0iews ArticXe fgem I to 11 in Um vrdsz they appeAvo Do Article VU Ti Clerk a Resommeneation: Delete the firtit sentenoo of section 51 of ArtIele VITF, Reason.: VIII Town Manage appoints the Town Clerk. Co Aracle VIkg_7,4eAstseyt, a. Recomondolen: Delete section X of Article VII awl nutdaitute thewefui the following: "Tho liftwa Treasurev shall give bend annually for the falthfui perforuance of his duties in mn among)? not loss than Yeauiv ed by law ms recommended by tIftl To 'Imager with the apptevat of the Selectmen.," Reasev; Tho Town Navag.Ag appoints t'ho Towa Tremsuroro The ammt of bond is s4t by the Town Nanagor with t approval of dile Seteeomm, D, Ayticle_LIII7_,DREFtesletionpomtt4e Refoomendation: Delete section 1 of Article, XIII end sabati- ,mte therefw the following: "Section The Town shall have a committee called the Approprimtboa alamittoeg which shall consider any and all mtinUipai qtons for the purpose of mAittg roperti or rocoemendations then to the TOMB. Sugh, cownittee mbar! consist of mine voters o aowad basinesz euperionce or geed judgmnt And the Town CanptxollAr, leiho shell ea-officAo be a member of the ComitZee hot without 4 votoo Mb member of the Cammitteee okber than the Twos ComptvoIler, shall be a Tam officer or a town employsee other than town meeting member, nor W1 he serve on any ether board, ommittoo or oummissi*n o tha Town or any subcommittee OppolAted by any other Tmma ;fficial, beardo Cealmittee or commisskgn, except that he may OORVO on the joint school tralmittee-toachor's salary advisory colemittee or spacial comittees which may be created tvom tame to timl, by vote of the tOWA meetihg when such vote oveessly again:Axes him te Beae-,q; Tha Town Nanagsx Act specifically deals with multiple catiimi mad this pitOvisloyi ba3 been incorporated into the proposed ace section. lieedWon: Delete section 2 of :Article 'WI and sobett- tuto therokor tho RollowiAg: 'Section 2. Each meAher GE the coraittee shall be appointed by thr, Moderator to serve foa term of three years. The tem of one-third of the mabers of the committee shal2 eNpire each year at :.1.x/ fine/ adjourn- ment of the annual town meeting. Thi Moderator shall* promptly after the final adjovrvaent of each annual town meeting, apPoint a successor gC3 any member of the cosmittee whose term eapires th year and shall, promptly after any vacancy occurs il the committee* appoint a Successor to kin that vevIncy for the un- expired tsz:,1 of his predecessor. "t any member of thr committee ceases to be a resident (4:: the Taung or accepts any position that would ha'a made len ineli- gibe for appointment t the commitee* he shall forthwith cease to he a member of hie committee." Reason: Under the Town Manager Act :,ae Moderator appoints 67Appropriation Cmmtttee. E. A. piele XXV - Cuital_pmenditur(scommul ation: Delete the first pragraph of section 1 of Article XIV and substitute thcvegcr the following: "Section 1. The Town shall he a CaPital Expenditures Committee consisting o five votirs of the Town appointed for a term of three year$ each, the terms of no more than twe of which shall expire inan one year. No member of the ammittee, other then the WAqn ComPtrollero shall be a town of or a town employile, other than town meet- ( ing medber, nor shall he serve (K2 any other board, comnit7 tee or commUsion o the Towno amy subuenmittee appointed b any other town official* boacd, committee ar commission except that he may servt on the joint echo* C=Mittee- teachel=s' salary advisory committee o special committees which may he-created teem tiaa to time by vote o. the town meeting when such vote expressly authorires hate to serve." Reasons The Town Manager Act specifically deals with multiple offices and this proon has limn incorporated Into the ProDoeed new section. F. Article XVI - lecreation Committee a. Recommendation: Delete section 1 f Article XVI and substitute therefor the following: ''section I. The Town shall have. a Recreation Committee. It she consist of five voters of the Town. Upon the expiration oC the term of a memba , a successor shall be appointed fox a term of three years. Terms shall egOire on APril thirtieth o encePt that membem shall continue in office until their saticessons have been duly appointed and cualified." Reasons The Torn Manager appoints the Recreation Committee. 1. PO, b. Recommendation; D0 elete section 4 of Article XVI. Reason; The powers enumerated in section 4 are the responsi- bility of the Town Manager. . Recowandation: lienuOher section 5 of Article to section 4 and delete the last phrase °to the Doard of Trelestmen." Reasona The Town Manager is the appointing authority and has responsibility in this area. G. Article AVIIk-_Cg.m.p. 1!9fense a. Rqcommtl?pdation; Delete section 2 of Article XVIII and substi tute th;refor the following; °Seetion 2. Director o Civil Defense. The department shall be under the direction of the director of civil defense (Hereinafter called the udivector"). The director shall have direct responsibility for the organisation, administration and operation of the department. The direc- tor shall also have authority, to accelDt and receive on behalf of the tem, subject to approval of the Board of Selectmen, servicese equinmeato suPPlieso materialP or futas by vay of gift, grant ea loan for Durposes of civil defense, offered by the federal governmevt or any agency or officer thereof or any person, Elm or earnoration subject to the terms of the offer and the rules and regulations, if any, of the aganoy maidag the offer.; The director shell cause appropriate recordS to be kept of all matters rebating to out gifts, grants or loans." Reason; The Town Manager apuoints the director of civil defense az d district coordinators and provides the direction and cent:A:01e Article XIX - Gas Mr/poet= a. Recoonandatioac Delete sections and 2 of Article XXX end Oab$titate theraor the goliewingg '4Sectien 2- The TOM shall. have an inspedtor of gas Mdvang aad gas aPPlianees in buildings, to be known as the Gas Inspector, whe shall be appointed annually in April and wha shall hold °Wee for a tem egSiring on the thirtieth day of April in the following calendar year and until his successor is appointed a qualified. He shall have had at least to years of practical experience in gas fitting. The duties of he Gas Inspector shell be the enferceNant of the rules at regulations adopted by the eoard established under Section 12H of Chaoter 25 of the General Laws, and any acts la amendaant thereof and in addition thereto. The Gas Inspector may, so far as is necessary for the performance of his duties, enter any building within tha Town at) any reasonab/e hour.° \\ "Section 2. One or move assistant gas inspectors may be appointed to act in the absence o disability o$ the Gas Inspector and, whi/e so acting, each o them shall have and may mercie all of the powers and duties of the GAS Inspector. Assistant gas i shall have t same qualifications as set forth for the Gas Inspec- tor. The Gas Inspector shall not be interested in any bu/ld- ing contract in the Town or have any interest in the fur- nishing of materials for any building theren; previde4a however, that he may, with the written apprmul of the Selectmen, have such interest 1f he vholly refrains from acting as Gas Inspector in the pian case. In each such case, an assistant gas inspector or a disinterested subst1tute gas inspector shall be al:Tainted to act therein, with ell the powers end duties of the Gas Inspector.° Hegpon3 The Town Manager appoints the Gas Ynspector aud assistants aaideteraines eel ries I Art:Iv-Ye XX - Town Counsel a. Rocommeadation Delete the first paFagraph of section 2 of Article XX and sultituto therefor the foIlvang; (Wor to "Board of Selectman" rather than Said 'Board° at the beginning of the second paragraph of sectii,en 2.) 'Seation 2. Wo claim or action against the Town, unless reduced to the form of an enecntion or dooree of court, shall be cavromised or settled by the nay- mant of any auoun:,,: in excess of one thousand dollars, without a special vote of the Town. acason: The renaAnder of this paragraph would be deleted because ------- the Town Managex': with the approval of the Selectmen, has the authoritv to proseontp degon) or comPr4nisc all litigation to which the TOwn is a party. b. Recommentlations Delete section S of Article XX and substitlate ;r : folIowingt The Town Conusel shaii# unless tthorAise directed by the %awn Manager with the approval of the SeleCteene prosecue or defend all cases and proceedings to which the Town is a partv. He shall also prosecute, unless otherwise directed by the Town Manager with the approval of the Selectmen, all cases for the breach or violation of the by-laws of the Town." Reasons The Town manager, with the approval,of the Selectmen, has the authority to Posecciter defen4 or cmpromise all litigation to which the '.41ol5n is a party. ,74 J. Article xmc - Permanent Buildin# Committee a. Becomceendationa Renumber ale avtiele gt= XXX to MI atg renumber all articles beginning witb. the present XVII accordingly. Reasono The Permanent Building Committee by-law should be Included with other by-laws relating to Town Committeao. MMO? SkS2C5NEN ALL 7Nalsley,_ Fred C. Malley AUre4S.. Busa,, . paqbernC. Brama: February 110 1974