[HISTORY: Adopted by the Town Meeting as
indicated in article histories. Amendments noted where applicable.]
[Adopted 5-8-1988 ATM, Art. 98, as Sec. 60.0 of the General
Bylaws]
[Amended 5-11-2015 ATM,
Art. 20; 5-13-2019 ATM by Art. 22]
There shall be a Bylaw Committee consisting
of five voters of the Town, two of whom shall be appointed by the
Town Moderator on or before June first of each year for the term of
three years. The duties of the Committee shall be to make recommendations
of the Town concerning all proposed changes in the Bylaws, and members
shall receive no compensation for their services. This Bylaw Committee
shall also make the five-year review of the bylaws per Section 7-7
of the Charter.
[Amended 5-10-2010 ATM, Art. 8; 5-13-2019 ATM by Art. 18; 5-13-2019 ATM by Art. 23]
A.
Composition; appointment. A Board of Water and Sewer Commissioners
consisting of five members shall be appointed by the Board of Selectmen
for three-year overlapping terms, as outlined in the Town Charter.
See Section 5-4(a). The Town Administrator, Water Superintendent,
and Sewer Superintendent shall be non-voting members. Members shall
have relevant technical, legal or business knowledge that they might
apply to the operation and conduct of the water and wastewater utilities.
The Commission shall implement, on a consistent basis, sound technical,
legal and business practices in the Water and Sewer Departments.
B.
Vacancies. Whenever a vacancy shall occur in said Water and Sewer
Commission, it shall be filled in the same manner as provided for
the regular appointment of members, except that the member so appointed
shall be appointed to serve for the unexpired term only.
C.
Meetings. The Water and Sewer Commission shall meet as frequently
and at such times and places as it may deem necessary for the proper
exercise of its powers and discharge of its duties.
D.
Organization. The Water and Sewer Commission shall elect one of its
members to be Chair and one of its members to be Secretary and one
member to be Vice Chair, each for a term of one year.
E.
Quorum. A majority of the voting members of the Water and Sewer Commission
shall constitute a quorum, and a quorum shall be necessary for the
transaction of any acts by the Water and Sewer Commission.
F.
Powers and duties.
(1)
The Board of Water and Sewer Commissioners shall have all the powers,
responsibilities and authority granted by MGL c. 40 and 41 and relevant
regulations contained in the Code of Massachusetts Regulations to
Board of Selectmen acting as Water or Sewer Commissioners, or to elected
Board of Water or Sewer Commissioners. The Board of Water and Sewer
Commissioners shall have charge and control of all Webster municipal
water and sewer systems subject to the lawful bylaws and requirements
approved by affirmative vote of the Town Meeting.
(2)
The Commissioners shall have the responsibility to study, investigate
and implement, as necessary, any major capital improvements to the
Town's water and wastewater infrastructure, including, but not
limited to, treatment facilities, water distribution systems and wastewater
collection systems. It shall oversee and facilitate the construction
of such improvements and additions and shall enforce any and all requirements
imposed upon the Town's water and wastewater systems by the United
States or the Commonwealth of Massachusetts or any agency or instrumentality
thereof.
(3)
The Commissioners shall propose articles for approval at Town Meeting
related to capital improvement projects or expenses that require use
of Water or Sewer Retained Earnings. The Commission will coordinate
with the Town Administrator and Town Accountant regarding the issuance
of bonds.
(4)
The Commissioners shall negotiate and execute all agreements and
contracts with vendors, users of the water and wastewater facilities
and for the sale of the goods and services or products that may be
supplied by these departments. Such contracts may include but are
not limited to: service agreements, inter-municipal agreements, and
sale of water or wastewater products and services to commercial and
industrial users outside the Town of Webster.
(5)
The Commissioners shall promulgate reasonable policies, rules and
regulations for the use of the services of the water and wastewater
systems and for the efficient management of the Commission and the
water and wastewater systems that may be necessary to protect the
Town's water and wastewater infrastructure, including, but not
limited to, treatment facilities, water distribution systems and wastewater
collection systems. Such rules and regulations shall include any rules
and regulations as may be required by the United States, the Commonwealth
of Massachusetts or any agency or instrumentality thereof.
(6)
The Commissioners shall grant abatements on a quarterly basis as
well as set annual water and sewer rates after a public hearing for
which at least two weeks' notice is provided by posting on the
Town website.
(7)
The Commissioners shall review and recommend an annual budget to
the Town and shall review revenue and expenditures of each department
on a routine basis.
(8)
The Commissioners shall review and make recommendations to the Town
regarding staffing and levels of compensation to promote efficient
and exceptional operation of the water and sewer departments.
(9)
The Commissioners shall have, and may, exercise all of the authority,
powers and privileges set forth in or any other applicable chapter
or section of the Code or the statutes or regulations of the Commonwealth
of Massachusetts applicable to water, water service or sewer or wastewater.
[Amended 5-13-2019 ATM by Art. 23]
The Webster Conservation Commission of seven members shall be
appointed for three-year terms by the Board of Selectmen. The duties
of the Commission shall be as set forth in Chapter 385 of the Acts
of the Legislature 1981 and as later amended, and MGL c. 40, § 8C,
for Conservation Commissions and as later amended.
[Amended 12-8-2014 STM,
Art. 13]
There shall be a five-member Planning Board, with two associate
members, appointed by the Board of Selectmen for three-year terms,
and which board shall perform its duties pursuant to MGL c. 41, § 81B,
and as later amended.
[Amended 5-13-2019 ATM by Art. 23]
A.
There shall be a Board of Health which shall perform its duties to
adopt rules and regulations pursuant to MGL c. 111, and as later amended.
B.
Composition, term of office. The Board of Health shall consist of
five members - three of these members shall be elected by the voters
and two of these members shall be appointed by the Town Administrator
in accordance with the provisions of Section 4-2(b) of the Charter.
All of the members of the Board of Health shall serve for terms of
three years each, so arranged that the terms of office of as nearly
an equal number of members as possible shall expire each year.
C.
Any rule or regulation enacted by the Board of Health and any Town
bylaw within the jurisdiction of the Board of Health, the violation
of which is subject to a specific penalty, may, in the discretion
of the enforcing person, be enforced in the method provided in MGL
c. 40, § 21D. The noncriminal fine for each violation, if
not otherwise specified, shall be fifty dollars ($50). Each day on
which any violation exists shall be deemed to be a separate offense.
"Enforcing person," as used in this bylaw, shall be members of the
Board of Health, and its agents, inspectors or other designees of
the Board.
[Amended 5-13-2019 ATM by Art. 23]
A.
There shall be a Public Safety Committee composed of the Police Chief,
Fire Chief, Highway Superintendent, a School Department liaison, a
resident appointed by the Board of Selectmen, and a Police Officer
with responsibility for traffic supervision.
B.
The Public Safety Committee will study the following issues and make
their recommendations to the Board of Selectmen:
There shall be established under the provisions
of MGL c. 40, § 8D, a Historical Commission of the Town
of Webster for the purpose and with the rights and duties provided
by law to be composed of seven members, appointed by the Board of
Selectmen for terms of three years.
A Board of Registrars of voters in the manner
provided by General Laws, shall be appointed by the Board of Selectmen,
except for the Town Clerk who shall be a member.
A Council on Aging, as provided by MGL c. 40,
§ 8B, shall be appointed by the Board of Selectmen.
[1]
Editor's Note: Former § 14-10, Industrial development,
was repealed 5-13-2019 ATM by Art. 23.
A Board of Trustees of Soldiers Monuments consisting
of five members, at least three of whom shall be veterans, to serve
for terms of three years, shall be appointed by the Board of Selectmen.
[1]
Editor's Note: Former § 14-12, Recycling Commission,
as amended, was repealed 5-13-2019 ATM by Art. 23.
The Board of Selectmen shall appoint a Staff
to the Board of Selectmen.
The Webster Arts Council members shall be appointed
by the Board of Selectmen. The Arts Council shall be in accordance
with MGL c. 41, § 82.
[1]
Editor's Note: Former § 14-15, Youth and Recreation
Commission, as amended, was repealed 5-13-2019 ATM by Art. 23.
[Amended 6-11-1990 ATM, Art. 22]
The Town Accountant shall be appointed by the
Board of Selectmen pursuant to Section 3(2)(d) of the Charter and
shall, under the direction of the Selectmen, perform the duties and
exercise the powers which, by the laws of the Commonwealth, Town Accountants
and Auditors are required and authorized to perform.
[1]
Editor's Note: Former § 14-17, Substance Abuse Commission,
as amended, was repealed 5-13-2019 ATM by Art. 23.
[Added 5-11-2009 ATM,
Art. 26]
Refer to Chapter 48, Capital Planning Advisory Committee, of the Code of the Town of Webster.
[Adopted 5-8-1988 ATM, Art. 98, as Sec. 80.0 of the General
Bylaws]
The Sealer of Weights and Measures of the Town,
appointed by the Town Administrator, shall be paid a salary determined
by the Selectmen and shall account for any pay to the Town Treasurer
fees collected by virtue of his office.
[Amended 5-11-2009 ATM,
Art. 26]
The Town Administrator on or before the first
of each year shall appoint an Inspector of Gas Piping and Gas Appliances
in buildings to be known as the Gas Inspector, whose duties shall
be those set forth in MGL c. 143, § 3O, and as later amended.
[Amended 5-11-2009 ATM,
Art. 26]
The Town Administrator on or before the first
of each year shall appoint an Inspector of Wires whose duties shall
be those set forth in MGL c. 166, § 32, and as later amended.
The Town Administrator shall appoint an Inspector
of Plumbing and such other Inspectors as required by the General Laws
as later amended. The duties of these Inspectors shall be in accordance
with the applicable provisions of the General Laws and as later amended.
[Amended 5-13-2019 ATM by Art. 23]
The Highway Superintendent shall serve as the Tree Warden and
Moth Superintendent.
[1]
Editor's Note: Former § 14-24, Director of Public
Works, was repealed 5-13-2019 ATM by Art. 23.
[Amended 5-11-2009 ATM,
Art. 26]
A Police Chief and other police officers, to
serve for indefinite terms, shall be appointed by the Town Administrator.
[Amended 5-11-2009 ATM,
Art. 26; 5-13-2019 ATM by Art. 23]
A Fire Chief, Forest Wardens and other firefighters, to serve
for indefinite terms, shall be appointed by the Town Administrator.
A Building Inspector to serve for an indefinite
term, shall be appointed by the Town Administrator.
An Animal Control Officer to serve for an indefinite
term, shall be appointed by the Town Administrator.
[Added 5-11-2009 ATM,
Art. 26; amended 5-13-2019 ATM by Art. 23]
Refer to Chapter 64, Town Counsel, of the Code of the Town of Webster.
A Health Agent and other employees of a Department
of Public Health, for an indefinite term, shall be appointed by the
Town Administrator.
[Amended 5-13-2019 ATM by Art. 23]
The Town Administrator shall appoint the following
positions, per Section 4-2 of the Charter:
A.
Custodian(s) of Town Office Building.
B.
Janitor(s) of Fire and Police Station.
C.
Matrons.
D.
Parking Clerk.
E.
Director of Veterans Services.
F.
Chapter 90 Highway Superintendent.
G.
Building Inspector.
H.
Zoning Agent.
I.
Senior Center Director.
J.
Insurance Advisory Committee.
K.
Treasurer/Collector.
L.
Information Technology Director.
In the event that an authorized Town vacancy
exists and no appointing authority is named or specified in the Town
Charter, by a bylaw, in a Town Meeting action or through other legislation,
the Town Administrator shall make all appointments on an interim basis
until such time as an appointing authority is established by legislation.
Should a conflict arise as to the interpretation of an appointing
authority for any vacancy, the Town Administrator shall be empowered
to make all interim appointments until the conflict is legally resolved.
