[Adopted as Art. III of the 1988 General Bylaws]
A.
The Moderator shall be elected for a term of three years and shall
receive compensation as fixed by the Town Meeting.
B.
The Moderator is the head of the legislative branch of the Town and
shall preside at Town Meeting.
C.
All committees authorized by the Town Meeting, except as otherwise
provided by law, these bylaws, or vote of the Town, shall be appointed
by the Moderator as soon as possible after passage of the vote creating
the committee.
A.
The Board of Selectmen shall consist of five members: one member
to be elected in 1988 to hold office for three years, two members
to be elected in 1989 to hold office for three years, two members
to be elected in 1990 to hold office for three years, and each to
hold office until his successor is qualified. Thereafter when the
term of a member expires, the Town shall elect by ballot members of
the Board to serve for three years and until a successor is qualified.
They shall hold no other elected Town office, and shall receive compensation
as fixed by the Town Meeting.
B.
The executive powers of the Town shall be vested in the Board of
Selectmen, which shall have all the powers given to boards of selectmen
by the General Laws of the Commonwealth of Massachusetts, the Town
Manager Act, and such additional powers that may be given to the Board
of Selectmen by the General Bylaws of the Town of Cohasset, which
may be amended from time to time. The Selectmen shall exercise, through
the Town Manager, general supervision over all matters affecting the
interest or welfare of the Town. The Board of Selectmen shall serve
as the chief goal setting and policymaking body of the Town, and as
such shall not normally administer the day-to-day affairs of the Town.
[Amended 4-28-2014]
C.
The Selectmen shall cause to be compiled, printed, posted and distributed the warrant for each Annual and Special Town Meeting, in accordance with the provisions of Chapter 45, Town Meeting, of these bylaws.
D.
The Selectmen shall cause to be printed and ready for distribution,
at least seven days before the Annual Town Meeting, a report giving
a detailed statement of the receipts and expenditures of the Selectmen,
Treasurer-Collector, School Committee, and all other Town officers,
boards or committees who or which have had charge of expenditures
of Town funds for the financial year immediately preceding. The Annual
Report shall also contain all reports for the preceding year submitted
by appointed and elected officers, boards and committees, and the
Town Clerk's record of Town Meetings held, a list of vital statistics
of Cohasset citizens, election results, the jury list and any other
matters required under MGL c. 40, § 49.
E.
The Selectmen may appear, either personally or by Town Counsel or
by special counsel duly employed by them, before any court, committee
of the Legislature, commission, or other tribunal, to protect the
interests of the Town, but they are not authorized hereby to commit
the Town to any course of action. They shall have authority as agents
to institute, prosecute, and defend suits and claims against or involving
the interests of the Town, and may pay settlements not exceeding $10,000
from any appropriation or funds which may be legally available for
the purpose, when, in their judgment and upon advice of counsel, such
settlement is in the best interests of the Town.
[Amended 7-27-1990]
F.
The Selectmen shall have the possession and management of all real
property purchased or taken for taxes not inconsistent with law or
with the right of redemption. They may sell at public or private sale
any property acquired by the Town through proceedings based on nonpayment
of taxes and may impose upon the property so sold such restrictions,
reservations, or conditions as shall seem appropriate. They may execute,
acknowledge, and deliver, in the name and under the Seal of the Town,
deeds or other instruments therefor. In the sale, conveyance and transfer
of real estate permitted or specifically authorized by the Town vote
for a stipulated sum to a designated person, the Selectmen may, whenever
they deem it in the best interests of the Town, sell, convey and transfer
such real estate for a larger sum to a different person or at a public
auction.
G.
Whenever it is necessary to execute a deed or other instrument conveying
any interest in land belonging to the Town, other than a tax deed,
unless it is otherwise provided by law or by vote of the Town, such
deed or instrument shall be executed on behalf of the Town by a majority
of the Selectmen, and it shall be sealed with the Town Seal.
H.
The Selectmen shall have the right to sell any item of personal property
of the Town after it has been properly appraised by a qualified person.
If the property is appraised at more than $1,000, the property shall
be offered for sale at public auction. If property is not sold at
public auction, or if it has been declared by a qualified person to
be unsalable or of negligible value, the Selectmen may offer it to
nonprofit charitable organizations and, if not accepted, to anyone
who will remove the property promptly at no charge. All moneys realized
from all sales shall be turned over to the Town Treasurer-Collector.
[Amended 4-30-2018 ATM
by Art. 18]
I.
The Selectmen shall keep insured against loss, damage, or fire all
insurable property of the Town, both real and personal. They shall
maintain general liability, group health, accident, and life insurance
for all eligible Town employees.
J.
The Selectmen shall have such other powers, duties, and responsibilities
as are provided by the Massachusetts General Laws, including, without
limitation, the following:
(1)
Appointing workers at elections, in accordance with MGL c. 51;
[Amended 6-2-1998]
(2)
Acting as Tree, Park and Cemetery Commissioners and in that connection
shall, among other things, care for and maintain trees, playgrounds,
and public parks, including Wheelwright Park, in conformity with the
Massachusetts General Laws and with provisions of specific bequests;
[Amended 6-2-1998]
(3)
Caring for and managing all public cemeteries;
[Amended 6-2-1998]
(4)
Issuing gasoline permits and the following licenses: Sunday, liquor,
entertainment, common victualler, inn holder, Class I, II, and III
automobile dealers, junk collector, auctioneer, peddler, and transient
vendor. They shall establish appropriate fees for such licenses and
permits if not otherwise specified by law;
[Amended 4-4-1992; 6-2-1998]
(5)
Renting property of the Town under their jurisdiction on such terms
and conditions as they deem appropriate and in the best interest of
the Town;
[Amended 6-2-1998]
(6)
Conducting hearings involving complaints about dogs and other animals,
and enforcing the provisions of these bylaws concerning such matters;
[Amended 6-2-1998]
(7)
That decorative lighting be permitted on the Town Common for events
sponsored by nonprofit, civic, charitable, recreational and educational
organizations; the size, type, form, duration and location of such
lighting shall be subject to the written permission of the Board of
Selectmen. Nothing contained herein shall limit the lighting being
displayed during the period that is allowed under § 300-6.3B(2)
of the Zoning Bylaw for the enjoyment of citizens and visitors to
the Town of Cohasset;
[Amended 7-22-1997]
(8)
The Board of Selectmen is authorized to establish from time to time
fees and charges for licenses, permits and other municipal purposes
granted by departments under the Board's jurisdiction, such authority
hereby granted and such fees and charges established to be consistent
with the General Laws of the commonwealth.
[Amended 7-6-1999]
K.
Public and private ways.
[Amended 12-1-1996; 5-1-2017 ATM by Art. 21]
(1)
Pursuant
to the provisions of MGL c. 40, § 6N, the Selectmen are
authorized to provide for the making of temporary repairs to private
ways subject to the following conditions:
(a)
Any repairs shall be as determined by the Board of Selectmen;
(b)
Drainage facilities shall be included to the extent required
by public convenience and necessity as determined by the Board of
Selectmen upon advice from the Superintendent of Public Works;
(c)
The Board of Selectmen shall make a determination that such
repairs are required by public necessity before such repairs may be
undertaken;
(d)
Such repairs shall only be made if the Board of Selectmen receives
a petition from abutter(s) who own at least 50% of the linear footage
along such way;
(e)
Betterment charges may be assessed by the Board of Selectmen
on the abutter(s) of such way up to an amount equal to the cost of
such repairs;
(f)
The Town shall have no liability as a result of any such repairs,
except as may be provided by law, and shall be held harmless on account
of any damages whatever caused by such repairs by agreement executed
by the abutter(s) who petitioned therefor;
(g)
The private way shall have been opened to the public use for
two years or more prior to the undertaking of such repairs;
(h)
The Board of Selectmen may require a cash deposit equal in amount
to the estimated cost of such repairs, as determined by the Superintendent
of Public Works, to be paid to the Town prior to the commencement
of such repairs;
(i)
The Board of Selectmen may use any collection process deemed
necessary in collecting from the abutters.
(2)
Pursuant
to MGL c. 82, the Board of Selectmen is authorized to lay out, alter
and relocate public ways and private ways, and to order specific repairs
for public and private ways. For owners of any private ways open
to the public for public use:
(a)
Such owners may petition the Board of Selectmen to lay out, alter
and relocate such private ways, to order specific repairs to such
ways, and to place an article on the warrant to have such ways accepted
by Town Meeting as a public way.
(b)
The laying out, alteration and relocation of any private way or portion
thereof shall only cause such private way or portion thereof to become
a public way upon the acceptance by Town Meeting of such layout, alteration
or relocation and the acquisition by the Town of rights to property
for any such way or portion thereof that is to be a public way.
(c)
Before any such way is entered upon for the purposes of construction,
or is closed up, the persons upon whose application such way was laid
out, relocated or altered or specific repairs are to be made shall
give to the Town security satisfactory to the Board of Selectmen that
such persons will indemnify the Town for all damages and charges that
the Town is obligated to pay arising from such laying out, alteration,
relocation and specific repairs.
(d)
After due notice and hearing, the Board of Selectmen may determine
to approve or deny all or any part of such petitions in accordance
with applicable law and policies implemented by the Board of Selectmen.
(e)
Costs and charges may be apportioned, assessed and collected pursuant
to any applicable law, including as betterments pursuant to MGL c.
80.
(f)
The Board of Selectmen may from time to time adopt and amend policies
and guidelines to implement its authority hereunder.
L.
The Selectmen shall have additional appointment powers pursuant to
the Town Manager Act.
[Added 4-28-2014]
A.
The Town Clerk shall be elected for a term of three years and shall
assume office seven days after his election. An individual who has
served in the office of Town Clerk for five consecutive years may,
by vote at a Town election, hold that office during good behavior
pursuant to the provisions of MGL c. 41, § 19B. He shall
be compensated as fixed by Town Meeting.
B.
The Town Clerk shall perform the duties required of him by the Massachusetts
General Laws, including, without limitation, keeping a record of vital
statistics, election results, the jury list, the list of residents
of the Town, and the list of registered voters, and shall record and
file all agreements and other papers and documents affecting the interests
of the Town.
C.
The Town Clerk shall instruct the Town Counsel to record every instrument
conveying an interest in land to the Town, except as otherwise provided
by law, in the proper Registry of Deeds, and shall retain custody
of all such recorded instruments upon their return from the Registry
of Deeds. He shall keep, in a book devoted to that purpose alone,
true copies of all conveyances executed and delivered by the Town
of any interest in land.
D.
The Town Clerk shall keep on file these bylaws and all revisions
thereof and additions or amendments thereto, and shall make copies
available to the public. The Town Clerk shall serve ex officio as
a member of the Bylaw Committee.
E.
The Town Clerk shall keep minutes of all Town Meetings and record
all votes as declared by the Moderator. His report of any Town Meeting
shall include each article in its entirety, together with the main
motion and any amendments thereto and the disposition thereof.
F.
The Town Clerk shall immediately after every Town Meeting furnish
the Board of Assessors, the Town Accountant, and the Treasurer-Collector
with a statement of all moneys appropriated by the Town at such meeting,
and of the purpose of each appropriation.
G.
The Town Clerk shall include in the regular record of a Town Meeting
such portions of any report of a board or committee whose recommendations
have been adopted as may be necessary for understanding the action
taken by the Town. Unless such a report has been printed in full in
the Town Report, the Clerk shall cause it to be entered in full in
the Book of Reports. This book shall be properly indexed. The reports
shall be numbered for each municipal year in the order of their presentation,
and a marginal reference shall be made of the date of the meeting
at which the report was presented. The regular record of the meeting
shall also make reference to the number of the report as entered in
the Book of Reports.
H.
The Town Clerk, as soon as possible after a vote of the Town has
been passed which relates to or affects the duties of any board, committee,
or officer of the Town, shall furnish a copy of such vote to such
board, committee, or officer.
I.
The Town Clerk shall promptly notify in writing each individual who
was elected to an office or committee at any Town Meeting.
J.
The Town Clerk shall provide and have in readiness for use at Town
Meetings a sufficient supply of "Yes" and "No" ballots. These ballots
shall be identical in size, shape, color, paper, and ink, and in size
and style of type.
K.
The Town Clerk shall, at least 60 days prior to each Annual Town
Meeting, notify in writing the chairman of any committee which has
made no report to the Selectmen for inclusion in the Annual Report
that a report must be presented from the floor at the Annual Town
Meeting for that year.
A.
The Board of Assessors shall consist of three members, each elected
for a three-year term, with one member elected each year. They shall
hold no other elective office and shall receive compensation as fixed
by the Town Meeting.
B.
The Board of Assessors shall elect a Chairman and a Secretary each
year.
C.
The Board of Assessors shall annually establish or cause to be established
the fair market value for all real estate and personal property in
the Town and shall assess taxes accordingly, as provided under MGL
c. 59.
[Amended 4-6-1991]
D.
The Assessors shall deliver the tax list and warrant for collection
to the Town Treasurer-Collector. Additional warrants shall be issued
to the Treasurer-Collector for all taxes assessed or reassessed which
are not covered by the original warrant.
E.
The Assessors shall keep the record required by law of all tax abatements.
Each month the Assessors shall notify the Town Treasurer-Collector
and Town Accountant in writing as to the amount of taxes abated from
each tax levy.
A.
The School Committee shall consist of five members, two members to
be elected at the Annual Town Meeting in 1988 to hold office for three
years, two members to be elected at the Annual Town Meeting in 1989
to hold office for three years, and one member to be elected at the
Annual Town Meeting in 1990 to hold office for three years, each to
hold office until his successor is qualified. Thereafter when the
term of a member expires, the Town shall elect by a ballot a member
of the Committee to serve for three years and until his successor
is qualified.
[Amended 4-30-2018 ATM
by Art. 18]
B.
The School Committee shall formulate the policy of the local school
system to achieve the educational objectives of the community in conformity
with the directives of the State Board of Education.
C.
The School Committee shall have such duties and responsibilities
as are provided in the Massachusetts General Laws and shall be specifically
responsible for the following areas of school administration:
(1)
Policy determination;
(2)
Financial planning and budgeting;
(3)
Appointment and dismissal of personnel;
(4)
Approval of courses and textbooks;
(5)
Planning of school services;
(6)
Evaluation of school programs;
(7)
Negotiation of contracts with School Department employees;
(8)
Purchase of materials, equipment, and supplies for the School Department
and awarding of contracts for the physical plant.
D.
The School Committee shall elect a Chairman and shall appoint one
of its members as Secretary, who shall keep and have available a permanent
record book, in which all its votes, orders, and proceedings shall
be recorded.
E.
Meetings of the School Committee shall be properly called and advertised.
F.
The School Committee shall meet at least every other month with the
Student Advisory Committee.
G.
As soon as a vacancy occurs on the School Committee, written notice
must be given to the Board of Selectmen. After one week's notice,
the Board of Selectmen and the remaining members of the School Committee
shall meet together and by majority vote elect a person to fill the
vacancy. The new appointee shall serve only until the next Town election,
at which time a successor shall be elected to fill the unexpired term.
[Amended 6-2-1998; 1-25-1996; 7-17-2000; 5-24-2021 ATM by Art. 28]
A.
The Board of Public Health shall consist of three members, with one
member elected each year for a three-year term.
B.
Each year the Board shall elect one of its members as Chairman.
C.
The Board shall have such duties and responsibilities as are prescribed
by MGL c. 111 and the regulations promulgated thereunder.
D.
The Board may establish reasonable health regulations. A summary
of such regulations which summary describes the substance of the regulation
shall be published once in a newspaper of general circulation in the
Town. Regulations pertaining to the subsurface disposal of sanitary
sewage shall be noticed in accordance with MGL c. 111, § 31.
All adopted regulations shall be filed with the Town Clerk.
E.
The Board shall have authority to restrain and prosecute violators
of state or local health regulations.
F.
The Board shall have authority to issue permits for private disposal
facilities, collection of garbage, and construction and repair of
septic systems. The Board of Public Health shall not grant a site
assignment for a proposed solid waste facility or any portion thereof
located within the Water Resource District, where solid waste facilities
are a prohibited use.
A.
The Planning Board shall consist of five members, with one member
elected each year for a five-year term and one associate member elected
for a three-year term. Such associate member shall sit on the Planning
Board only when designated by the Chairman of the Planning Board for
the purposes of acting on any matter within the jurisdiction of the
Planning Board in the case of absence, inability to act, or conflict
of interest on the part of any member of the Planning Board or in
the event of a vacancy on the Planning Board.
[Amended 3-2-2010; 5-2-2016 ATM by Art. 22]
B.
The Planning Board shall elect from among its members a Chairman,
a Vice Chairman, and a Clerk each year.
C.
The Planning Board shall from time to time study needs and potential
of the Town and, where necessary, prepare plans. It shall submit a
report of such studies and plans to the Selectmen and shall furnish
a copy of the report to the Department of Housing and Community Development.
It shall also report to the Town Meeting on the condition of the Town
and shall give information on any plans or proposals for Town development
and shall also send a copy of this report to the Department of Housing
and Community Development.
[Amended 4-30-2018 ATM
by Art. 18]
D.
The Planning Board shall have responsibility for administration of
subdivision control, in accordance with MGL c. 41, §§ 81K
through 81GG.
E.
The Planning Board shall have such other duties and responsibilities
as are imposed upon it by MGL c. 40A and MGL c. 41, §§ 81A
through 81J.
A.
There shall be three Water Commissioners with one elected each year
for a three-year term.
B.
The Water Commissioners shall have exclusive charge and control of
the municipal Water Department and water system subject to federal
and state laws and these bylaws, and to such instructions, rules,
and regulations as the Town may from time to time impose by its vote.
C.
The Water Commissioners shall fix just and equitable rates for the
use of the Town water system and shall prescribe the time and manner
of payment of such charges. In setting rates, the Water Commissioners
shall raise sufficient income to defray all operating expenses, interest
charges, and payments on the principal as they may accrue upon any
bonds or notes issued for the purchases of the municipal water system.
Upon approval by Town Meeting, such water rates shall become effective.
D.
The Water Commissioners shall have the power to award contracts for
sums not to exceed those approved by the Town Meeting for all work
to be performed in the construction and maintenance of the Town water
system.
E.
The Water Commissioners shall establish rules and regulations for
the use of the Town water system. These rules and regulations shall
become effective when filed with the Town Clerk.
F.
The Water Commission pursuant to the provisions of MGL c. 40, § 39H,
is authorized to enter into contracts with, or go to aid, any other
city, town, commission, district, or water company, as defined in
MGL c. 165, § 1, with regard to the operation, administration,
repair, and maintenance of its water supply system. Such contracts
may be made to provide water to another city or town on an emergency
basis, or to provide water service on a long-term basis to any other
city, town, commission, district, or water company or to one or more
customers of any other town who cannot be reasonably provided water
supply services by that town. Any such contracts may be for a period
not to exceed 20 years, and may not exceed 50% of the daily safe yield
as certified by the Department of Environmental Protection, and the
aggregate of all such contracts may not exceed 50% of the daily safe
yield as certified by the Department of Environmental Protection;
provided, however that such contracts shall not take effect without
the approval of Town Meeting.
[Amended 12-28-1998; 5-9-2007; 4-30-2018 ATM by Art. 18]
[Amended 4-6-1991]
A.
There shall be three Sewer Commissioners, with one elected each year
for a three-year term.
B.
The Sewer Commissioners shall supervise the operation of the Sewer
Department and shall ensure that it conforms with all federal and
state environmental and health regulations.
C.
The Sewer Commissioners shall be responsible for all planning relating
to the expansion of the Town sewer system and shall establish and
update a master plan incorporating all areas of the Town.
D.
The Sewer Commissioners have the power to award contracts for sums
not to exceed those approved by Town Meeting for all work to be performed
in the construction and maintenance of the Town sewer system.
E.
The Sewer Commissioners shall establish fees for the use of the Town
sewer system. Such fees shall be based upon the volume of water used
and shall be approved by vote of the Town Meeting.
F.
The Sewer Commissioners may from time to time prescribe rules and
regulations for the connection of estates and buildings with sewers,
and for inspection of materials, the construction, alteration and
use of all connections entering into such sewers, and may prescribe
penalties for each violation of any such rule or regulation as authorized
by law.
G.
The Sewer Commissioners shall have such other duties and powers as
are provided by federal and state law and these bylaws.
A.
There shall be nine Library Trustees with three elected annually,
each for a three-year term.
B.
The Library Trustees shall elect a Chairman and a Secretary each
year.
C.
The Town Treasurer-Collector shall act as Treasurer of the Paul Pratt
Memorial Library.
D.
Except as otherwise provided in the Massachusetts General Laws, the
Library Trustees shall have the control of the following:
(1)
All gifts and bequests to the Library, in accordance with the terms
of such gifts or bequests.
[Amended 6-2-1998]
E.
The Town Manager shall appoint the Head Librarian and other professional
assistants and the Library Trustees shall select books and all other
library media.
[Amended 6-2-1998]
A.
The Recreation Commission shall consist of seven members, with one
elected each year for four successive years and three elected the
fifth year. All members shall serve a five-year term.
B.
The Recreation Commission shall promote, encourage, and coordinate
recreational activities for all citizens of the Town, and in connection
therewith may establish self-supporting service revolving funds, to
the extent permitted by MGL c. 44, § 53D.
C.
The Recreation Commission shall be responsible for making recommendations
to the Board of Selectmen concerning maintenance and improvement of
recreational areas owned by the Town.
[Amended 6-2-1998]
D.
The Recreation Commission may cooperate with adjoining towns in establishing
joint recreational areas.
[Amended 6-2-1998]
A.
The Cohasset Housing Authority shall consist of five members, with
one member to be elected in each of four consecutive years for a five-year
term, and one member to be appointed by the Department of Housing
and Community Development every fifth year for a five-year term.
[Amended 4-30-2018 ATM
by Art. 18]
B.
The Authority is responsible for determining the need for community
housing in the Town, as set forth in MGL c. 121B.
C.
The Authority is responsible for obtaining approval and funding for
community housing projects from the Commonwealth of Massachusetts
Department of Housing and Community Development and/or the United
States Department of Housing and Urban Development.
[Amended 4-30-2018 ATM
by Art. 18]
D.
The Authority shall oversee the construction of community housing
projects and shall be responsible for their operation, maintenance,
and administration.
