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Select Board Minutes 04/192016
SELECT BOARD MINUTES FOR MEETING
Tuesday April 19, 2016 - 7 pm
Holland Town Hall
27 Sturbridge Road
Holland, MA

Present: Lawrence Mandell, Chair
Elias Gillen, Member
Andrew Harhay, Member


Call to Order:

Mr. Mandell called the meeting to order at 7:00 pm.

Approval of Minutes
Minutes of April 5, 2016
Motion 041916-1 Mr. Mandell to approve as written. 2nd Mr. Gillen. So voted.


Appointments to Address the Board:

None

Old Business

Weed Treatment bid opening

Lake Oversight Committee sent out a bid request for the weed treatment of Hamilton Reservoir.  One bid was received. Mr. Harhay opened the bid from Solitude Lake Management.  Mr. Harhay noted the bid was broken down by cost per acre.  Mr. Harhay read the cost for milfoil treatment on the Holland side being $12,075 and $2,550 for the Connecticut side of the lake.

The bid was referred to the Lake Oversight Committee for review.

Motion 041916-2 Mr. Mandell to approve the bid conditionally, pending review by the Lake  Oversight Committee. Mr. Harhay 2nd. So voted.

Proposed bylaw changes

  • Finance Board bylaw
Motion 041916-3 to table. Mr. Harhay 2nd. So voted. Chairman wanted to first review bylaw wording with the Finance Board at tomorrow evening’s joint budget review meeting.   
  • Capital Planning Committee
  • Mr. Mandell discussed the size of the committee being untenable.  The Select Board is proposing to change the size of the committee.  Discussion:
  • The proposed committee would consist of seven (7) members as follows, Town Treasurer, Town Accountant, Executive Secretary or Town Administrator, one (1) Select Board member, one (1) Finance Board member, one (1) Planning Board member, one citizen at large.
Mr. Gillen expressed concern over a Finance Board member as part of the Capital Planning Committee. It may compromise Finance Board independence as a board with no affiliation to the boards and committees that come before them.  Mr. Harhay stated the same issue exists with a Select Board member being on the same committee.  
  • See below for actual wording proposed.
  • Discussion regarding removal of the sentence, “The Committee may spend such sums as shall annually be appropriated for its use.”
  • Discussion of $10,000.00 amount being too low. Mr. Harhay stated there is already a Capital Stabilization account in place for purchasing mid-sized police, fire and highway vehicles
Motion 041916-3 Mr. Mandell to accept the changes to Capital Planning Committee bylaw membership as outlined in summary to a 7 member committee. Mr. Harhay 2nd.  So voted.
Mr. Gillen stated he is still not convinced that having a Finance Board member on the Capital Planning Committee is prudent.

Section 15 Capital Planning Committee   (CPC)
Current
(a) There is hereby established a committee to be known as the Capital Planning Committee Such Committee shall be composed of thirteen (13) members as follows one (1) member of the Board of Selectmen, the Executive Secretary, the Town Treasurer, the Town Accountant, two (2) members of the Finance Board, and two (2) designated voters of the town There will also be one (1) member of each of the following- the Fire Department, Highway Department, Planning Board, Police Department, and School Committee The committee member will be the Department Chief, Committee Chair or their designate.

NEW
(a) There is hereby established a committee to be known as the Capital Planning Committee Such Committee shall be composed of seven (7) members as follows, Town Treasurer, Town Accountant, Executive Secretary or Town Administrator, one (1) Select Board member, one (1) Finance Board member, one (1) Planning Board member, one citizen at large. The committee member will be the, Committee Chair or their designee.
Current
(b) A standing committee will consist of the Board of Selectmen member, the Executive
Secretary, the Town Treasurer, the Town Accountant and the Finance Board members
The other members shaft be appointed for 3) year terms. Appointments will be made by the
Moderator/Board of Selectmen A vacancy shall be filled for the unexpired term in the
manner of the original appointment The Committee shall choose its own officers It may
spend such sums as shall annually be appropriated for its use A quorum shall be a
majority of members A majority of members present shall have power to act

The Committee may spend such sums as shall annually be appropriated for its use.

NEW
(b) The member at large shall be appointed by the Select Board. The Committee shall choose its own officers.  A quorum shall be a majority of members.  A majority of members present shall have power to act.


Motion 041916-4 Mr. Gillen to accept the bylaw change for Town Meeting date as outlined below.  Mr. Harhay 2nd.  So voted


CHAPTER III
Town Meetings – Elections

Section I - Dates of Meetings

(b) The Annual Town Meeting for the Election of Town Officers shall be held on the first Monday after the first Tuesday in June

(b) The Annual Town Meeting for the Election of Town Officers shall be held on the second Tuesday in June.
[Sponsored by the Community Center, Town Clerk]


Motion 041916-5 Mr. Gillen to accept the bylaw change for renumbering of the General Bylaws as proposed below. Mr. Harhay, 2nd. So voted

To see if the town will vote to allow the Bylaw Committee to amend the General Bylaws by changing the numbering style;
The document to be renumbered in accordance with the following structure;
Chapters to be numbered, 1, 2, 3 etc.
Sections to be numbered, 1.1, 1.2, 1.3, 2.1, 2.2, 2.3 etc.
Subsections 1.1.1, 1.1.2 etc.
Or act anything thereto




Motion 041916-6 Mr. Mandell to change the Bylaw Committee responsibilities as outlined below. Mr. Harhay 2nd. So voted

Section 13 Bylaw Committee

Current:
(a) There shall be a Bylaw Committee of three consisting of a chairman to be appointed annually by the Board of Selectmen, the Town Clerk who shall serve ex officio and a member of the Planning Board to be appointed by that board

(b) The Bylaw Committee shall regularly review the town's general and zoning bylaws and insure that the official text of all bylaws in effect, including most recent amendments, is always available for inspection and copying during regular business hours at the offices of the Town Clerk and of the Executive Secretary

(c) Any town meeting warrant article proposing the repeal of amendment of any existing general bylaw, or the enactment of a new general bylaw, shall be reviewed as to form by the Bylaw Committee to ensure compliance with Chapter 1, Section 3 hereof land avoid inconsistency with existing Bylaws
Approved June 14, 1994

New:
Chapter II – Officers, Boards and Committees – Section 13 – subsection (d)
(d) The Bylaw Committee shall review existing bylaws annually.
(d)(1) After annual review of the current bylaws, the Bylaw Committee shall recommend amendments, additions or corrections for voter action, to the Select Board for the Select Board to consider for inclusion in a town meeting.

(e) The Bylaw Committee shall be responsible keeping a record of all policies of both elected and appointed boards and committees and reviewing said policies for consistency with Massachusetts General Laws and the Code of Mass Regulations.

(f) It shall be the responsibility of all Boards and Committees whether elected or appointed to submit copies of any and all policies adopted by their department within 30 days of the policy being approved to the Bylaw Committee

(g) The Bylaw Committee shall regularly review the town's policies and insure that the official text of all policies in effect, including most recent amendments, is always available for inspection and copying during regular business hours at the offices of the Town Clerk and of the Executive Secretary


Motion 041916-7 Mr. Gillen to table the remaining articles until the next Select Board meeting dated April 26, 2016. Mr. Mandell 2nd. So voted

CHAPTER II

Officers, Boards and Committees

Section 1 Board of Selectmen

The Board of Selectmen shall consist of three (3)) members One member shall be elected at each annual town meeting for a term of three years.
(Approved as amended June 1994)
The Board of Selectmen shall submit a balanced town budget to the Finance Board no later than February 1 of each year for their review and input.
(Approved as amended August 12, 1997)

The Select Board shall work in concert to create a balanced budget with the Finance Board for Finance Board submission at the annual town meeting.

LOC made into a committee –
New:
By adding to Chapter II – Officers, Boards and Committees – Section 16
16.1    There shall be a Lake Oversight Committee consisting of one (1) Select Board member, one (1) Conservation Commission member, and three (3) members at large.  The three members at large to be appointed by the Select Board
16.2    The members at large shall be appointed in the first year as follows, one (1) one year term, one (1) two year term, one (1) 3 year term. At the end of each term the following term shall be for 3 years to create three, 3 year staggered terms.
16.3    The Lake Oversight Committee shall be an advisory board to the Select Board.  
16.4    The Lake Oversight Committee shall meet no less than monthly.  
16.5    The Lake Oversight Committee shall review lake needs and report to the Select Board with recommendations on how to accomplish and fund reported recommendations.

Original
Section 2 Annual Town Report

The annual town report shall contain in addition to the reports of the officers, boards and committees, a detailed report of all monies received into and paid out of the town treasury in the financial year next preceding, showing separately payments made from the proceeds of loans as capital outlays for permanent improvements, the report of the Collector of Taxes, of receipts, payments and abatements-, statements of all funds belonging to the town or held for the benefit of its inhabitants', a statement of the liabilities of the town on bonds, notes, certificates of indebtedness or otherwise, and of indebtedness authorized but not incurred, and the purpose thereof; a statement of transfers made to or from any appropriations; abstracts of the records of the meetings of the town held since publication of the last annual report, a copy of the warrant of the ensuing town meeting together with the recommendations of the Advisory Committee thereon; and such other matters as the said report is required by law to contain, or as may be inserted by the selectmen under the discretion granted them by law
Approved June 1, 1955

To see if the Town will vote to amend the General Bylaws, Chapter VII – Records and Reports – subsection  2 – Annual Town Report as follows:

by inserting before the first paragraph;
2.1 The Annual Town Reports are to be based on the preceding calendar year except where prescribed by law to be otherwise.


Motion 041916-8 Mr. Mandell, to adjourn. Mr. Harhay 2nd.  So voted

Meeting adjourned at 7:58PM