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The Warrant for
Westport Town Meeting 2008
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ANNUAL TOWN MEETING
TOWN OF WESTPORT
COMMONWEALTH
OF MASSACHUSETTS
ANNUAL
TOWN
MEETING WARRANT
MAY 6, 2008
BRISTOL,
SS.
To either of the
constables of the Town of Westport in said County:
GREETINGS:
In the name of
the Commonwealth
of Massachusetts you are hereby
directed to notify and warn the inhabitants of the Town of
Westport
qualified to vote in elections and Town affairs, to assemble at the Westport High School on Tuesday, May 6, 2008 at
7:00 p.m., and then and there to act on the following articles, viz:
ARTICLE 1
To see if the
Town will vote to transfer to reduce taxation certain sums of money from various
articles approved by Town Meeting, when there is a balance remaining that is no
longer required to accomplish the purpose for which the articles were originally
passed, and/or take any other action relative thereto.
FINANCE COMMITTEE/BOARD OF SELECTMEN
FINANCE COMMITTEE: Recommendation at Town Meeting
ARTICLE 2
To see if the
Town will vote to fix the salary and compensation of all elected Town Officers,
and/or take any other action relative thereto.
Moderator
$
745.00
Selectmen – Chairman
7,068.00
Board Members (4)
27,871.00
Assessors - Board Members (3)
16,692.00
Board of Health – Members (3)
8,418.00
Highway Surveyor
68,496.00
Tax Collector
57,627.00
Town Clerk
57,627.00
Treasurer
57,627.00
Total
$302,171.00
FINANCE COMMITTEE/BOARD OF SELECTMEN
FINANCE COMMITTEE: Recommendation at Town Meeting
ARTICLE 3
To see if the
Town will vote to raise and appropriate and/or transfer from available funds
such sums of money considered necessary to defray the Town's expenses for a
twelve month period beginning July 1, 2008 and appropriate the same to several
departments and/or take any other action relative thereto.
FINANCE COMMITTEE/BOARD OF SELECTMEN
FINANCE
COMMITTEE: Recommendation at
Town Meeting
ARTICLE 4
To see if the
Town will vote to authorize the Town Treasurer, with the approval of the
Selectmen to borrow from time to time in anticipation of revenue of the fiscal
year beginning July 1, 2008 in accordance with the provisions of the General
Laws, Chapter 44, Section 4, and to issue a note or notes, payable within one
year, and to renew any note or notes therefore, payable within one year, and to
renew any note or notes as may be given for a period of less than one year in
accordance with the General Laws, Chapter 44, Section 17, and/or take any other
action relative thereto.
BOARD OF SELECTMEN
FINANCE
COMMITTEE: Recommended
ARTICLE 5
To see if the
Town will vote to raise and appropriate and/or transfer from other available
funds and/or borrow a sum of money to be used in conjunction with, and/or in
addition to any funds allocated by the Commonwealth and/or County for the
engineering services, construction, reconstruction, and/or improvements of Town
roads, and/or take any other action relative thereto.
HIGHWAY DEPARTMENT
FINANCE
COMMITTEE: Recommended
ARTICLE 6
To see if the
Town will vote to raise and appropriate and/or transfer from available funds
and/or transfer from within existing appropriations a sum of $20,000 to be used
for the engineering services, repair, resurfacing, reconstruction, drainage, and
maintenance of Town roads, and/or take any other action relative thereto.
HIGHWAY DEPARTMENT
FINANCE
COMMITTEE: Not Recommended
ARTICLE 7
To see if the
Town will vote to raise and appropriate and/or transfer from available funds a
sum of $1.00 for the purpose of maintaining during the ensuing year the mosquito
control work as estimated and certified by the State Reclamation Board in
accordance with the provisions of Chapter 112 of the Acts of 1931 and/or to take
any other action relative thereto.
BOARD OF SELECTMEN
FINANCE
COMMITTEE: Recommended
ARTICLE 8
To see if the
Town will vote to raise and appropriate and/or transfer from available funds the
sum of $770.00 to contract for environmental services directly related to
Buzzards Bay, and/or take any other action relative thereto.
BOARD OF SELECTMEN
FINANCE
COMMITTEE: Recommended
ARTICLE 9
To see if the
Town will vote to establish and reauthorize pursuant to the provisions of G. L.
Chapter 44 Section 53E-1/2 for Fiscal Year 2009, a revolving fund for the
Council on Aging into which will be paid all receipts from health care
promotion, recreational and social programs for seniors, except for receipts
from the social day care program, from which costs not to exceed the sum of
$20,000.00 for these same services may be expended without further appropriation
by the Council on Aging and Board of Selectmen, and/or take any other action
relative thereto.
COUNCIL ON AGING
FINANCE
COMMITTEE: Recommended
ARTICLE 10
To see if the
Town will vote to establish and reauthorize pursuant to the provisions of G. L.
Chapter 44 Section 53E-1/2 for Fiscal Year 2009, a revolving fund for the
Council on Aging into which will be paid all receipts from the Social Day Care
Program, from which costs not to exceed the sum of $80,000.00 for these same
services may be expended without further appropriation by the Council on Aging
and Board of Selectmen, and/or take
any other action relative thereto.
COUNCIL ON AGING
FINANCE
COMMITTEE: Recommended
ARTICLE 11
To see if the Town will vote to establish and reauthorize
pursuant to the provisions of G. L. Chapter 44 Section 53E-1/2 for Fiscal Year
2009, a revolving fund for the Council on Aging into which will be paid all
receipts from income-generating activities, except receipts from health care
promotion, recreational and social programs, transportation activities, and the
social day care program which are the source of receipts for other revolving
funds, to support the Westport Senior Center from which costs not to exceed the
sum of $5,000, for building operating/maintenance expenses, excluding salaries
and wages of all full-time and part-time employees who are employed at said
Senior Center, may be expended without further appropriation by the Council on
Aging and Board of Selectmen, and/or take any other action relative thereto.
COUNCIL ON AGING
FINANCE COMMITTEE:
Recommended
ARTICLE 12
To see if the Town will vote to
establish and reauthorize pursuant to the provisions of G. L. Chapter 44 Section
53E-1/2 for Fiscal Year 2009, a revolving fund for the Council on Aging into
which will be paid all receipts from transportation for seniors, from which
costs not to exceed the sum of $30,000.00 for these same services may be
expended without further appropriation by the Council on Aging and Board of
Selectmen and/or take any other action relative thereto.
COUNCIL ON AGING
FINANCE
COMMITTEE: Recommended
ARTICLE 13
To see if the
Town will vote to establish and reauthorize pursuant to the provisions of G. L.
Chapter 44 Section 53E-1/2 for Fiscal Year 2009, a revolving fund for the
Westport Fire Department into which will be paid all receipts from Ambulance
Fees, from which costs not to exceed $110,000 for the purchase of an ambulance,
ambulance equipment and/or any incurred ambulance-related expense, not to
include salaries, which may be expended without further appropriation by the
Fire Department, and/or take any other action relative thereto.
FIRE CHIEF
FINANCE
COMMITTEE: Recommended
ARTICLE 14
To see if the
Town will vote to establish and reauthorize pursuant to the provisions of G. L.
Chapter 44 Section 53E-1/2 for Fiscal Year 2009, a revolving fund for the
Westport Fire Department into which will be paid all receipts from Haz-Mat Fees,
from which costs not to exceed $50,000 for the purchase of Haz-Mat equipment
and/or any incurred Haz-Mat related expense, not to include salaries, which may
be expended without further appropriation by the Fire Department, and/or take
any other action relative thereto.
FIRE CHIEF
FINANCE
COMMITTEE: Recommended
ARTICLE 15
To see if the
Town will vote to establish and reauthorize pursuant to the provisions of G. L.
Chapter 44 Section 53C for Fiscal Year 2009, a revolving fund for the Westport
Fire Department into which will be paid all receipts from Private Detail Fees,
for the payment of Private Detail salaries and other related Private Detail
expenses, which may be expended without further appropriation by the Fire
Department, and/or take any other action relative thereto.
FIRE CHIEF
FINANCE
COMMITTEE: Recommended
ARTICLE 16
To see if the Town will vote to establish and reauthorize pursuant to the
provisions of M.G.L. Chapter 44 Section 53E-1/2 for Fiscal Year 2009, a
revolving fund for the Electrical, Plumbing & Gas Inspectors, into which will be
deposited all receipts from fees and fines paid for electrical, plumbing and gas
permits, from which costs not to exceed $85,000.00 for inspections performed,
mileage, schooling, supplies, clerical wages, equipment and other related
miscellaneous expenses may be expended without further appropriation by the
Electrical, Plumbing and Gas departments,
Any fund balance in excess of $40,000 at the end of the fiscal year will
be transferred into the General Fund, and/or take any other action relative
thereto.
BUILDING DEPARTMENT
FINANCE
COMMITTEE: Recommended
ARTICLE 17
To see if the
Town will vote to establish and reauthorize pursuant to the provisions of M.G.L.
Chapter 44 Section 53E-1/2 for Fiscal Year 2009, a revolving fund for the Board
of Selectmen into which will be paid receipts from the additional License Fee,
from which costs not to exceed $100,000.00 for cable services, equipment and/or
supplies may be expended without further appropriation by the Board of
Selectmen, and/or take any other action relative thereto.
BOARD OF SELECTMEN
FINANCE
COMMITTEE: Recommended
ARTICLE 18
To see if the
Town will vote to establish and reauthorize pursuant to the provisions of M.G.L.
Chapter 44 Section 53E-1/2 for Fiscal Year 2009, a revolving fund for the
Planning Board into which will be paid all portions of subdivision filing fee
receipts collected for the purpose of maintaining the assessors parcel GIS
database, as provided in the Rules & Regulations Governing the Subdivision of
Land, as they may be amended from time to time.
These funds may be expended for costs not to exceed $20,000, and solely
for purposes related to maintaining the GIS database, and may be expended
without further appropriation by the Planning Board, and/or take any other
action relative thereto.
PLANNING BOARD
FINANCE
COMMITTEE: Recommended
ARTICLE 19
To see if the
Town will vote to establish and reauthorize pursuant to the provisions of M.G.L.
Chapter 44 Section 53E-1/2 for Fiscal Year 2009, a revolving fund for the
Westport Police Department into which will be paid all receipts from Police
Cruiser Fees associated with private details, from which costs not to exceed
$50,000.00 for the purchase of cruisers, associated equipment and/or any
incurred police cruiser-related expense, not to include salaries, which sum may
be expended without further appropriation by the Westport Board of Selectmen,
and/or take any other action relative thereto.
POLICE CHIEF
FINANCE
COMMITTEE: Recommended
ARTICLE 20
To see if the Town will vote to raise and appropriate or
transfer from available funds a sum of money to operate the Harbor Enterprise,
and/or take any other action relative thereto.
Salaries
$ 50,036.00
Expenses
$ 61,294.00
Capital Outlay
$ 11,000.00
Total
$122,330.00
and that $122,330.00 be raised as follows:
User Charges
$122,330.00
BOARD OF SELECTMEN/HARBORMASTER/WHARFINGER
FINANCE
COMMITTEE: Recommended
ARTICLE 21
To see if the Town will vote to raise and appropriate or
transfer from available funds a sum of money to operate the Waterline
Enterprise, and/or take any other action relative thereto.
Salaries
$ 5,000.00
Capital Outlay
$ 5,000.00
Expenses
$ 55,000.00
Total
$ 65,000.00
and that $65,000.00 be raised as follows:
User Charges
$ 65,000.00
BOARD OF SELECTMEN
FINANCE COMMITTEE: Recommended
ARTICLE 22
To
see if the Town will vote to transfer the sum of $15,000 from the Cemetery Lots
and Graves account for the maintenance and upkeep of cemeteries, avenues, paths
and structures situated therein, and/or take any other action relative thereto.
CEMETERY DEPARTMENT
FINANCE COMMITTEE: Not
Recommended
ARTICLE 23
To see if the
Town will vote to raise and appropriate and/or transfer from available funds, a
sum of $20,000 to be used by the Board of Assessors to fund fees and expenses to
update the Revaluation program mandated by M.G.L. Chapter 797, Acts of 1979 to
place the Town on a 100% valuation assessment basis, and/or take any other
action relative thereto.
BOARD OF ASSESSORS
FINANCE COMMITTEE: Not Recommended
ARTICLE 24
To
see if the Town will vote to appropriate a sum of $30,000 from receipts reserve
for the purpose of closure costs and environmental monitoring expenses at the
Landfill Site, and/or take any other action relative thereto.
BOARD OF HEALTH
FINANCE
COMMITTEE: Not Recommended
ARTICLE 25
To see if the
Town will vote to raise and appropriate and/or transfer from available funds the
sum of $16,000 for follow-up environmental work/maintenance at the Head of
Westport Landing, and/or take any other action relative thereto.
LANDING COMMISSION
FINANCE COMMITTEE: Not Recommended
ARTICLE 26
To see if the Town will vote to raise and appropriate and/or
transfer from available funds a sum of money to pay for the Town of Westport’s
portion of the bill for the U.S. Army Corps of Engineers dredging of the
Westport River and the State dredging around the Town wharves and adjacent
channel previously dredged in 1975, and/or take any other action relative
thereto.
HARBORMASTER
FINANCE
COMMITTEE: Recommended
ARTICLE 27
To see if the Town
will vote to raise and appropriate and/or transfer from Municipal Waterways Fund
$3,000 for new navigational aids for the recently dredged Federal Channel,
and/or take any other action relative thereto.
HARBORMASTER
FINANCE
COMMITTEE: Recommended
ARTICLE 28
To see if the
Town will vote to hear and act on the report of the Community Preservation
Committee on the FY09 Community Preservation budget and to appropriate from the
Community Preservation Fund a sum of money to meet the administrative expenses
and all other necessary and proper expenses of the Community Preservation
Committee for the Fiscal Year 2009; and further to reserve for future
appropriation a sum of money for the acquisition, creation and preservation of
open space excluding land for recreational use; a sum of money for acquisition,
preservation, restoration and rehabilitation of historic resources; and a sum of
money for the creation, preservation and support of community housing; and
further to appropriate from the Community Preservation Fund a sum or sums of
money for Community Preservation projects or purposes, all as recommended by the
Community Preservation Committee, and/or take and
other action
relative thereto.
COMMUNITY PRESERVATION COMMITTEE
FINANCE
COMMITTEE: Recommended
ARTICLE 29
To see if the Town
will vote to appropriate a sum of money for the cost of various capital
expenditures in accordance with the Town’s Fiscal Year 2009 Capital Improvement
Planning Program, including the purchase of departmental equipment and the
making of extraordinary repairs to Town facilities; to determine whether this
appropriation shall be raised by borrowing or otherwise, and/or to take any
other action relative thereto.
CAPITAL
IMPROVEMENT PLANNING COMMITTEE
Amount
Department/Board
Purpose
$ 4,400.00
Highway
Mower
$58,000.00
Library
Repair Roof
FINANCE
COMMITTEE: $4,400.00 Recommended
ARTICLE 30
To see if the
Town will vote to raise and appropriate and/or transfer from available funds the
sum of $7,500 necessary to provide for economic planning and coordination
services, and/or take any other action relative thereto.
WESTPORT ECONOMIC DEVELOPMENT TASK FORCE
FINANCE
COMMITTEE: Not Recommended
ARTICLE 31
To see if the
Town will vote to appropriate a sum of money for the construction, original
equipping and furnishing of a new south end fire station; to determine whether
this appropriation shall be raised by borrowing or otherwise, and/or take any
other action relative thereto.
FIRE STATION BUILDING COMMITTEE
FINANCE
COMMITTEE: Recommended
ARTICLE 32
To see if the Town will vote to raise and appropriate $125,000 for the
investigation and evaluation of water and wastewater infrastructure improvements
to serve Central Village, in accordance with the previously conducted 2006 Smart
Growth Study for Central Village prepared by Weston and Sampson Engineers, Inc.,
including, without limitation, all costs thereof as defined in Section 1 of
Chapter 29C of the General Laws, as most recently amended by St. 1998, c. 78; to
determine whether this appropriation shall be raised by borrowing from the
Massachusetts Water Pollution Abatement Trust or otherwise; to authorize the
Board of Selectmen to expend all funds available for the project, and/or take
any other action relative thereto.
CENTRAL VILLAGE PUBLIC IMPROVEMENTS COMMITTEE
FINANCE COMMITTEE: Not Recommended
ARTICLE 33
To see if the Town will vote to
transfer the care, custody, maintenance and control of certain real property
described below, owned by the Town and currently under the care, custody,
maintenance and control of the Board of Selectmen for general municipal
purposes, to the Board of Selectmen for general municipal purposes, and purposes
of disposition by lease for agricultural and recreational purposes and for
educational programs and administration of a not-for-profit corporation,
including the social, charitable, and special events undertaken for the purposes
of fundraising; and to authorize the Board of Selectmen to enter into such a
lease or leases for said purposes, for all or a portion of the land and
buildings located at 830 Drift Road, being (a) land shown on Assessor’s Map
Number 54, Lot 9, containing approximately nine (9) acres plus 39,680 sq. ft. of
agricultural land, and (b) land shown on Assessor’s Map Number 54, Lot 45,
containing approximately thirty (30) acres of agricultural land and various
buildings, together being know as the Westport Town Farm, upon such terms and
conditions as the Board of Selectmen shall determine to be appropriate, such
leases to exceed three years, and further to take all actions necessary to
effectuate the purposes of the article, and/or take any other action relative
thereto.
BOARD OF SELECTMEN
FINANCE
COMMITTEE: Recommended
ARTICLE 34
To see if the Town
will vote to raise and appropriate and/or transfer from available funds a sum of
$16,400 for follow-up environmental maintenance work at the Westport Town Hall
as required by the Department of Environmental Protection, and/or take any other
action relative thereto.
BOARD OF
SELECTMEN
FINANCE COMMITTEE: Recommendation at Town Meeting
ARTICLE 35
To see if the Town will vote to accept as a gift, acquire
by purchase, or take by eminent domain or in any other matter acquire, upon such
terms and conditions as the Board of Selectman shall deem advisable, a perpetual
easement from the Trustee(s) of the James Merriam Howard, Jr. Trust of January
7, 1997, of an area of approximately 631 square feet, on the northerly-side of
Cornell Road a public way, for the purposes of line of sight distance
improvement; including in the terms of the easement to be acquired are: (i) the
right to relocate the existing stonewall to the course entitled “N 49 01 53 W”
shown on the Plan hereinafter set forth; and (ii) the maintenance but not paving
said easement area; and to appropriate the sum of $1.00 for this purpose; and to
determine how such an appropriation shall be raised, whether by taxation,
transfer from available funds, borrowing or otherwise; and if by borrowing, to
authorize the issuance of bonds or notes by said Town of Westport; the area of
the easement to be acquired being described as follows:
The land in Westport, Bristol County, Massachusetts
described as follows:
Beginning at a drill hole found in the northerly sideline
of Cornell Road said drill hole being shown on a plan hereinafter referred to:
Thence, N 27 30 28 W, thirty-one and 67/100 (31.67) feet;
Thence, S 49 01 53 E, eighty-seven and 06/100 (87.06) feet;
Thence, N 70 11 07W, twenty-five and 19/100 (25.19) feet;
Thence, N 53 16 21 W, thirty-four and 19/100 (34.19) feet
to the point of beginning.
Containing 631 square feet, more or less and being shown on
a plan entitled “Easement Plan prepared for James Merriam Howard, Jr. Trust of
January 7, 1997”, property located at 229 Cornell Road, Westport, Massachusetts,
Scale: 1” = 20’, Date: September 18, 2007, prepared by Boucher & Heureux, Inc.,
a copy of which is on file with the Planning Board,
or to take
any other action relative thereto.
PLANNING
BOARD
FINANCE COMMITTEE: Recommendation at Town Meeting
ARTICLE 36
To see if the Town
will vote to amend the By-Laws and Regulations of the Town of Westport by adding
the following By-Law regulating excessive noise on Town waters:
ARTICLE LV
WATERCRAFT NOISE
5501.
For purposes of this
By-Law, the following words shall have the following meanings:
A.
Watercraft – Any vessel
used, or capable of being used, as a means of transportation on water defined in
M.G.L. 90B Section 1 including, but not limited to, motorboats, jet skis, surf
jets and wetbikes. The word
“watercraft” shall include airboats.
B.
Stationary Sound Level
Test – The standard developed by the Society for Automotive Engineers to measure
the decibel level of stationary motorboats as prescribed by SAE J2005.
C.
Shoreline Sound Level Test – The standard developed by the Society for
Automotive Engineers to measure the decibel level of motorboats from shore as
prescribed by SAE J1970.
5502.
Every watercraft operated on the waters of Westport shall be equipped at
all times with a muffler on the exhaust of its engine or an underwater exhaust
as required by M.G.L. 90B Section 6.
5503.
No persons shall operate watercraft on the waters of Westport in a manner
to permit the production of any sound from the watercraft that equals or
exceeds:
A.
Ninety decibels on the “A” scale when subjected to a stationary sound
level test at a distance greater than three feet from the stern with its engine
at idle speed; or
B.
Seventy-five decibels on the “A” scale when subjected to the shoreline
sound level test from the shoreline or from the banks of a river.
5504.
The Harbormaster, Assistant Harbormaster or police officer who has reason
to believe that a watercraft is not in compliance with noise levels established
by this By-Law may direct the operator of the watercraft to submit it to an
on-site test to measure the level of sound emitted by the watercraft.
The operator shall comply with that direction.
The Harbormaster, Assistant Harbormaster or police officer may remain
aboard the watercraft during the test at his discretion.
If the level of sound emitted by the watercraft exceeds the sound levels
established in this By-Law, the Harbormaster, Assistant Harbormaster or police
officer may direct the operator to take immediate and reasonable measures to
correct the violation, including returning the watercraft to a mooring or dock,
stopping the motor and keeping the watercraft on the mooring or dock until the
violation is corrected or ceases.
5505.
Any person who shall violate any of the provisions of the By-Law shall be
subject to a penalty of $50.00 for the first occurrence, $100.00 for the second
occurrence and $200.00 for each subsequent occurrence.
5506.
This By-Law may be enforced by the Harbormaster, Assistant Harbormaster
or a police officer through the Non-Criminal Disposition of By-Law Violations
defined in M.G.L. 40 Section 21D, the Criminal Procedures for Enforcement of
By-Laws, through restraining orders and other court procedures or any
combination thereof.
5507.
This By-Law shall not
apply to the operation of commercial fishing vessels, watercraft owned or
operated by any government agency or authority, dredges, commercial vessels
engaged in construction or demolition work, tugboats or to auxiliary engines on
commercial vessels that do not propel the vessel through water;
or take any other
action relative thereto.
HARBORMASTER/BOARD OF SELECTMEN
FINANCE COMMITTEE: Recommended
ARTICLE 37
To see if the Town will vote to amend the Personnel By-Law by deleting under
Schedule A –Planning Board, the following:
Position
Group
Hours
Pay Basis
Type
Administrative
Assistant
2
40
Salary
FT
and inserting
therein:
Position
Group
Hours
Pay Basis
Type
Town Planner
1
R
Salary
FT
and if necessary to
raise and appropriate and/or transfer from available funds the sum of $14,782.00
to the Planning Board budget therefore, and or take any other action relative
thereto.
PLANNING
BOARD/PERSONNEL BOARD
FINANCE COMMITTEE: Recommended
ARTICLE 38
To see if the Town will vote to amend the Personnel By-Law by adding under
Schedule A –Planning Board, the following:
Position
Group
Hours
Pay Basis
Type
Assistant Town
Planner
2
40
Salary
FT
and if necessary to raise and appropriate and/or transfer
from available funds the sum of $40,000.00 to the Planning Board budget
therefore, and or take any other action relative thereto.
PLANNING
BOARD/PERSONNEL BOARD
FINANCE COMMITTEE: Not Recommended
ARTICLE 39
To see if the Town
will vote to authorize the Board of selectmen to petition the General Court for
special legislation, substantially in the form as set forth below, relating to
the method of election of the Board of Selectmen; provided however, that the
General Court may make clerical or editorial changes of form only to the bill,
unless the Board of Selectmen approve amendments to the bill before enactment by
the General Court, and provided further that the Board of Selectmen is hereby
authorized to approve amendments which shall be within the scope of the general
public objectives of this petition:
AN
ACT RELATIVE TO THE ELECTION OF SELECTMEN IN
THE
TOWN OF WESTPORT
Be it enacted by the
Senate and House of Representatives in General Court assembled, and by the
authority of the same as follows:
Section 1.
Notwithstanding any general or special law to the contrary, at the first
annual Town Election held at least 64 days after the effective date of this act,
and at all future elections, where more than one selectman will be elected, such
offices shall be separately contested with each office appearing separately on
the ballot. The name of any person
shall not be printed on the official ballot more than once as a candidate for
selectman.
Section 2. This act shall
take effect upon passage.
BY
PETITION
FINANCE COMMITTEE: No Recommendation
ARTICLE 40
To see if the Town
will vote to petition the General Court for a special act for recall election
procedures in the Town of Westport, in accordance with the proposed act entitled
“An Act Relative to Recall Elections for the Town of Westport.”
AN
ACT RELATIVE TO RECALL ELECTIONS FOR THE TOWN OF WESTPORT
Be it enacted, etc.,
as follows:
Section 1. Any member of an
elected board in the Town of Westport may be recalled from his office by the
voters of the Town as herein provided.
The maximum number of members of a board that may be recalled at one time
is the smallest number constituting a majority of said board.
Section 2. Any ten
registered voters of the town may initiate a recall petition by filing with the
Town Clerk a demand for same on which shall appear the name of one official
sought to be recalled and the names and addresses of the ten registered voters
initiating the petition. Upon
receipt of such a demand, the Town Clerk shall deliver to said voters blank
petitions demanding such recall, copies of which printed forms he/she shall keep
available. Such blanks shall be
issued by the Town Clerk, with his/her signature and official seal attached
thereto. They shall be dated,
contain the names of all the persons to whom they are issued, the name of the
official whose recall is sought, and shall demand the election of a successor in
said office. A copy of the petition
shall be entered in a record book to be kept in the office of the Town Clerk.
Said recall petitions shall be returned and filed with the Town Clerk,
and shall have been signed by at least five hundred (500) registered voters of
the Town, who shall add to their signatures the street and number, if any, of
their residences.
Within one business
day after receiving the petitions, the Town Clerk shall submit the petition to
the Registrars of Voters in the Town, and the Registrars shall within five (5)
working days certify thereon the number of signatures, which are names of
registered voters of the Town.
Section 3. If the petition
shall be found and certified by the Town Clerk to be sufficient, he/she shall
submit the same with his/her certificate to the Board of Selectmen within five
(5) working days. Thereafter,
within five (5) working days the Selectmen shall give written notice of the
receipt of the certificate to the officer sought to be recalled.
Unless the officer resigns within five (5) working days thereafter, the
Board of Selectmen shall order an election to be held on a date fixed by them,
not fewer than sixty (60) and not more than ninety (90) days after the date of
the Town Clerk’s certificate that a sufficient petition has been filed; provided
however, that if any other Town Election is to occur within ninety (90) days
after the date of the certificate, the Board of Selectmen shall schedule the
Recall Election to coincide with such other election.
No official shall be subject to recall if his/her term of office will
expire within ninety (90) days of the certificate.
If a vacancy occurs in the office after a Recall Election has been
ordered, the election shall nevertheless proceed as provided in this section.
Section 4. Any official
sought to be removed may be a candidate to succeed himself/herself, and unless
he/she requests otherwise in writing, the Town Clerk shall place his/her name on
the ballot, without nomination. The
nomination of other candidates, the publication of the warrant for the removal
election, and the conduct of the same, shall all be in accordance with the
provisions of law relating to elections, unless otherwise provided in this act.
Section 5. The incumbent
shall continue to perform the duties of his/her office until the Recall
Election. If then reelected, he/she
shall continue in office for the remainder of his/her un-expired term.
If not reelected in the Recall Election, he/she shall be deemed removed
upon the qualification of his/her successor, who shall hold office during the
un-expired term. If the successor
fails to qualify within five (5) days after receiving notification of his/her
election, the incumbent shall be deemed removed and the office vacant.
Section 6. Ballots used in a
Recall Election shall submit the following propositions in the order indicated:
For the recall of
(name of official)
Against the recall of
(name of official)
Immediately at the
right of each proposition, there shall be a square in which the voter, by making
a mark, may vote for either of the said propositions.
Under the propositions
shall appear the word “Candidates,” the directions to the voters required by
section forty-two of chapter fifty-four of the General Laws, and beneath this,
the names of candidates nominated in accordance with the provisions of law
relating to elections. If a
majority of the votes cast upon the question of recall is in the affirmative,
the candidate receiving the highest number of votes shall be declared elected.
If less than a majority of the votes cast upon the question of recall is
in the affirmative, the ballots for candidates need not be counted.
BY
PETITION
FINANCE COMMITTEE: Not Recommended
ARTICLE 41
To see if the Town
will vote to accept the layout as a public way of Main Road a copy of which is
on file in the office of the Town Clerk, and authorize the Board of Selectmen to
acquire by gift, purchase or eminent domain land or rights in land within said
way as so laid out, for all purposes for which public ways are used in the Town
of Westport, and/or take any other action relative
thereto.
CENTRAL
VILLAGE PUBLIC IMPROVEMENTS COMMITTEE
FINANCE
COMMITTEE: Recommended
ARTICLE 42
To see if the Town
will vote to accept the layout as a public way of Jordan’s Way
a copy of which is on file in the office of the Town Clerk, and authorize the
Board of Selectmen to acquire by gift, purchase or eminent domain land or rights
in land within said way as so laid out, for all purposes for which public ways
are used in the Town of Westport, and/or take any other action relative
thereto.
BOARD OF SELECTMEN
FINANCE
COMMITTEE: Recommended
ARTICLE 43
To see if the
Town will vote to accept the layout of Bentley Lane, on file in the office of
the
Town Clerk, and or take any other action
relative thereto.
BY
PETITION
FINANCE
COMMITTEE: Recommended
ARTICLE 44
To see if the Town
will vote to amend its By-Laws by adopting the following, or take any other
action relative thereto.
ARTICLE LV
ADOPTION OF CHILD SAFETY ZONES
5501.
PURPOSE AND INTENT OF CHILD SAFETY ZONES
This By-Law is a regulatory measure aimed at protecting the health and safety of
children in Westport from the risk that convicted sex offenders may re-offend in
locations where there is a high and/or likely concentration of children.
The Town finds and declares that sex offenders are a serious threat to
public safety. When convicted sex
offenders reenter society, they are much more likely than any other type of
offender to be re-arrested for a new sexual assault.
Given the high rate of recidivism for sex offenders and that reducing
opportunity and temptation is important to minimizing the risk of re-offense,
there is a need to protect children where they congregate, learn or play in
public places.
5502.
CHILD SAFETY ZONES
Any person who has been classified as a Level 2 Sex Offender
or Level 3 Sex Offender by the Sex Offender Registry Board of Massachusetts, or
any similar classification under any State or Federal Sex Offender Registry,
shall not enter or be present upon any real property upon which there exists any
facility used for, or which supports a use of:
5502.1
A public park, parkway, parkland, park facility;
5502.2
A public swimming pool;
5502.3
A public library;
5502.4
A recreational trail;
5502.5
A public playground;
5502.6
A school for individuals under the age of 18;
5502.7
Athletic fields used by individuals under the age of 18;
5502.8
A daycare center used by individuals under the age
of 18;
5502.9
Any specialized school for individuals under the age of 18,
including, but not limited to a gymnastics academy, dance academy or music
school;
5502.10
Sports facility open to the public;
5502.11
Any facility for individuals under the age of 18 including a public
or private school, group home, residential care center for children and youth, a
shelter care facility, a foster home and such other facilities as may be
determined and approved in conformance with this bylaw.
A map depicting the locations of the real property
supporting the above enumerated uses, as amended from time to time, is on file
in the Office of the Town Clerk for public inspection.
5503.
CHILD SAFETY ZONE EXCEPTIONS
A
person does not commit a violation of Section 2 above, and the enumerated uses
may allow such person on the property supporting such use, if any of the
following apply:
5503.1.1
The property supporting an enumerated use under
Section 2 also supports a church, synagogue, mosque, temple or other house of
religious worship (collectively “church’), subject to the following conditions:
5503.1.2
Entrance and presence upon the property occurs only
during hours of worship or other religious program/service as posted to the
public; and
5503.1.3
Written advance notice is made from the person to an
individual in charge of the church, and approval from said individual in charge
of the church, as designated by the church, is given in return, acknowledging
the attendance by the person; and
5503.1.4 &nb |