Town of Norwell annual report 1960-1969, Part 20

Author:
Publication date: 1960
Publisher: The Board
Number of Pages: 2480


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Planning Board


SECTION 1. The Planning Board shall consist of five mem- bers, one elected each year for a term of five years, and shall perform all the duties which are required by law.


SECTION 2. It shall be the duty of the Board to consider and advise upon municipal improvements in regard to which advice of the Board, at any time, may be asked by any official or officials of the Town. The Board may, upon its own initiative, make to any official or officials of the Town such recommendations in regard to municipal improvements as the Board may from time to time think proper or expedient.


SECTION 3. The Planning Board may make such rules and regulations as they may deem advisable, not inconsistent with the By-Laws of the Town or the General Laws and all statutes of the Commonwealth of Massachusetts.


School Committee


SECTION 1. The School Committee shall consist of five mem- bers, two elected one year, two elected the following year and one elected the third year, all for a term of three years.


SECTION 2. The School Committee may make such rules and regulations governing the operation of the Public Schools as they may deem advisable, not inconsistent with the By-Laws of the Town or the General Laws and all statutes of the Commonwealth of Mas- sachusetts.


Town Clerk


SECTION 1. The Town Clerk's term of office shall be three years.


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SECTION 2. The Town Clerk shall have custody of the Town Seal.


SECTION 3. The Town Clerk shall perform the duties which are required by Law, recording and filing all agreements and other papers and documents affecting the interest of the town.


SECTION 4. As soon as may be, the Town Clerk shall trans- mit to the Selectmen, to the Town Treasurer, to the Town Accountant, and to the Assessors, certified copies of all votes appropriating money or authorizing the expenditure of money or otherwise affecting the finances of the Town, and within the same period the Town Clerk shall transmit to all other Town Officers or Committees a certified copy of any vote of the Town affecting their respective powers or duties.


SECTION 5. It shall be the duty of the Town Clerk to notify the Selectmen or other appointing authority monthly of any unfilled committee, board or department appointments.


SECTION 6. The Town Clerk shall record, file for publication and maintain a current list of all acts of the Legislature accepted by the Town.


SECTION 7. The Town Clerk shall record, file for publica- tion and make all revisions necessitated by any changes in, or additions to, the By-Laws voted in any Town Meeting or otherwise affecting them and, in addition, shall have available for citizens of the Town copies of these By-Laws including all revisions.


Town Collector


SECTION 1. The Town Collector's term of office shall be three years.


SECTION 2. The Town Collector shall collect all accounts due the Town which are committed to him.


SECTION 3. At least once in every month each department of the Town shall deliver to the Town Accountant a statement of each account due the Town arising from any transaction in said depart- ment. Such accounts are to be committed to the Town Collector for collection. This section is to include all taxes and special assessments, costs and fees charged by each department, except those collected by the Town Clerk.


SECTION 4. The Town Collector shall once a week or oftener pay over to the Treasurer all monies received by him during the preceding week or lesser period.


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SECTION 5. The Town Collector shall advise the Selectmen, as provided by Law, when suits should be instituted and prosecuted in the name of the Town for the collection of any account due the Town and the Selectmen shall have the authority as agents of the Town to institute and prosecute the same.


SECTION 6. The Town Collector shall pay all fees received by him by virtue of his office into the Town Treasury.


Treasurer


SECTION 1. The Town Treasurer's term of office shall be three years.


SECTION 2. The Town Treasurer shall perform all the duties which are required by Law and shall havethe custody of all monies, properties and securities of all trust funds, not subject to the authority of the Commissioners of Trust Funds, heretofore or hereafter given or bequeathed to the Town and shall have the power with the ap- proval of the Board of Selectmen to invest, reinvest, transfer and expend monies from such funds as limited by the directions or provisions made by the donors of such funds. The Treasurer shall keep a separate account of such funds, and the income thereof, and submit the same to the Selectmen at the close of the fiscal year for publication in their report.


SECTION 3. The Treasurer shall file and safely keep all re- ceipts, vouchers and cancelled obligations of the Town and shall have custody of all deeds, and other similar documents owned or held by the Town, and, except for fidelity bonds covering Town officers and employees which shall be filed with the Selectmen, shall have custody of all bonds which run to the Town or any of its commissioners, committees or officers.


Tree Warden


SECTION 1. The Tree Warden's term of office shall be one year.


Trustees of William J. Leonard Memorial Library


SECTION 1. There shall be three trustees of the William J. Leonard Memorial Library, one elected each year for a term of three years.


SECTION 2. The Trustees of the William J. Leonard Memorial Library may make such rules and regulations governing the use of the library as they may deem advisable, not inconsistent with the


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By-Laws of the Town or the General Laws and all statutes of the Commonwealth of Massachusetts.


Water Commissioners


SECTION 1. The Water Department shall be under the super- vision of Water Commissioners of which there shall be three, one elected each year for a term of three years.


SECTION 2. The Water Commissioners shall have such duties and powers as are provided by Law and these By-Laws.


SECTION 3. The Water Commissioners may appoint one or more Registrars, who shall, as directed by the Commissioners, take and tabulate a census of water services connected to the Town water system, read and record all service meters at such intervals as the Commissioners may direct, and perform any other duties required by the Commissioners.


SECTION 4. The Water Commissioners shall, at such regular intervals in each year as they may determine, transmit the asses- sments for water rates to the Town Collector, who shall collect the same, turn the proceeds thereof over to the Town Treasurer, and transmit statements thereof to the Town Accountant.


SECTION 5. A charge of two dollars or such other larger sum as the Water Commissioners from time to time may determine shall be made whenever the Water Commissioners or their representa- tives, at the request of the water taker, turn on or shut off the water in any service pipe.


SECTION 6. No tap for service shall be made unless approved by the Water Commissioners, who may require the payment of a suit- able fee for the same.


SECTION 7. No alteration shall be made in any ofthe pipes or fixtures installed by the Town except by persons authorized by the Water Commissioners who shall also be allowed to enter the premises, examine the fixtures, read the meters and ascertain if there is any unnecessary waste.


SECTION 8. If any person shall open a hydrant or remove the cover thereof or make any opening or connection with any Town pipe or turn on or off the water from any Town pipe except in case of fire or by authority of the Water Commissioners, he shall be liable to a fine of not more than twenty dollars.


SECTION 9. It shall be the duty of the Water Department to


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maintain the hydrants of the Town in good working order and to test them at reasonable intervals.


SECTION 10. Bills for water rates and charges shall be due and payable thirty days from the date shown thereon. If such bills are not paid by the due date, the provisions of the General Laws and all statutes of the Commonwealth respecting the collection of such rates and charges, including the establishment of a lien and shutting off of water, shall apply.


SECTION 11. The Board of Water Commissioners may make the abatements in the water rates and charges in such cases as the Commissioners may deem proper, and may temporarily shut off water from any street after giving notice of those affected by their intention to do so. The Commissioners shall notify the Fire Depart- ment of the Town prior to any permanent or temporary shut-off of any water mains.


SECTION 12. The Board of Water Commissioners shall keep suitable records in which shall be entered the names of all water takers and the amounts charged, and these records shall be open to public inspection.


SECTION 13. The Board of Water Commissioners may make such rules and regulations governing the Water Department as they may deem advisable, not inconsistent with the By-Laws of the Town or the General Laws and all statutes of the Commonwealth of Massachusetts.


Board of Welfare


SECTION 1. The Board of Welfare shall consist of three mem- bers, one elected each year for a term of three years.


ARTICLE VI- APPOINTED TOWN OFFICERS


SECTION 1. The following Town Officers shall be appointed by the Selectmen :


Advisory Board


Board of Appeals


Board of Registrars


Burial Agent Civil Defense Director


Conservation Commission Constables Dog Officer


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Drainage Committee


Fence Viewer Fire Engineers


Forest Fire Warden


Industrial and Development Commission


Inspector of Animals


Inspector of Gas Piping and Gas Appliances


Moth Superintendent


Police Department


Recreation Commission


Sealer of Weights and Measures


Town Accountant


Town Forest Committee


Veterans' Agent Washington Street Cemetery Committee


SECTION 2. When authorized or directed, the Selectmen shall appoint other town officers.


Wire Inspector


Electrical Installations.


A. Electrical Permit. Before commencing the installation of any electric wiring for light, heat and power service equipment and be- fore the alteration or extension of any wiring systems, the owner or lessee, or agent of either, shall apply to the Inspector of Wires for a permit to do the work and no such work shall be done until such permit is granted. The application for such permit shall be on blanks furnished by the Inspector of Wires, shall state the nature and extent of the proposed work together with such additional information as the Inspector of Wires shall request. The Inspector of Wires shall grant the permit applied for if the work therein described is in all respects in conformity with the rules and regulations relative to the installation, repairs and maintenance of electric wiring and fixtures made and promulgated by the Board of Fire Prevention Regulations in accordance with the provisions of the General Laws, Chapter 143, Section 3L, as amended.


All applications for a permit under this section shall be ac- companied by fees as established by the Board of Selectmen.


B. Exceptions. The provisions of this section of the By-Law shall not be applied to electrical power supply companies or communication agencies in respect to the generation, transmission or distribution of


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electric power and light, to systems of the transmission of intelligence by electricity or to the operation of signal systems used exclusively by public service agencies.


C. Inspection. No work in connection with an electric wiring system shall be covered or concealed until it has been inspected and permission therefor has been granted by the Inspector of Wires.


D. Inspector of Wires. The Board of Selectmen shall within thirty days after this By-Law becomes effective and thereafter annually in April appoint an Inspector of Wires to serve for the term of one year from the first day of May following, or until his successor is appointed and qualified. He may be removed from office by the Board of Selectmen at their discretion only for due cause and he shall be compensated as the Selectmen may from time to time de- termine. His duties shall be to consider applications for permits described in this section, to inspect the work for which a permit was issued and to carry out all other duties imposed upon him by General Laws, Chapter 166, Section 32, as amended.


The Wiring Inspector shall hold a Massachusetts Master Electricians' License.


Advisory Board


SECTION 1. The Selectmen shall appoint an Advisory Board of nine non-office-holding taxpayers, who shall serve without pay, with three members appointed each year for a term of three years.


SECTION 2. Said Advisory Board shall organize by choosing a Chairman and a Secretary.


SECTION 3. The duty of the Advisory Board shall be to in- vestigate and consider all articles in the Warrant to be brought be- fore the Town and to report and advise thereon in Town Meetings.


SECTION 4. The Selectmen shall transmit to the Chairman of the Advisory Board a copy of all Town Warrants issued by them, on or before the day of posting.


SECTION 5. The Advisory Board may request the Selectmen and other town officials, under whose direction appropriations are expended, to submit to them prior to December 31 of each year, budget requests for the expenses of each department for the next year and request them to appear before them for consultation.


SECTION 6. The Advisory Board shall grant a hearing upon all articles in any Town Warrant.


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SECTION 7. All reports, advice, suggestions or recommenda- tions as provided in Section 3, shall be submitted in writing, signed by the Chairman and Secretary, together with the records of the proceedings of said Board, and shall be filed with the records of the Town in the office of the Town Clerk.


SECTION 8. Five members of said Board shall constitute a quorum.


SECTION 9. The Advisory Board shall have the authority to examine the books and records of any Town Board or official, as far as the same is permitted by Law.


SECTION 10 Said Advisory Board may request of the Town Accountant the status of any appropriation made by the Town, par- ticularly the portion spent or committed and the balance available for the accomplishment of the purpose for which the appropriation was made.


SECTION 11. The Advisory Board may request of any Board, Town Officer or any other expending authority a report of progress on the use of any appropriations and shall take whatever action it may deem advisable should said appropriation appear to be insufficient for the purpose voted.


SECTION 12. The Advisory Board shall meet monthly and at such other times as they may determine.


SECTION 13. No member of the Advisory Board shall be ap- pointed to succeed himself after serving two terms of three years each.


Town Accountant


SECTION 1. The Selectmen shall appoint a Town Accountant for a term of three years and until his successor is qualified.


SECTION 2. The Town Accountant shall perform all duties prescribed by law including the filing of all contracts, insurance policies and agreements affecting the interests of the Town.


Inspector of Gas Piping and Gas Appliances


SECTION 1. The Board of Selectmen each year, on or before the thirty-first of March, shall appoint an Inspector of Gas Piping and Gas Appliances, whose duty shall be the enforcement of the rules and regulations as set forth in the" Massachusetts Code for Installation of Gas Appliances and Gas Piping" as established under the Acts of 1960, Chapter 737, which legislation became effective on February 1, 1961.


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ARTICLE VII- CONTRACTS


SECTION 1. No Contract shall be awarded for any work or service other than professional service in the interest of the Town and no purchase of materials or equipment shall be made, the estimated cost of which in either case is $500.00 or more without invitation for competitive bids.


SECTION 2. Said invitations shall be sent on the same days to such number of vendors or contractors as the Selectmen or purchas- ing board of officers deem advisable but must in any case be, at least, three qualified to bid on such supplies or service.


SECTION 3. Said invitations shall state where specifications may be obtained and shall also state where and when such bids will be opened, such opening to be in public.


SECTION 4. Invitations to bid on any contract or purchase estimated to cost $1,000.00 or more shall be publicly advertised by at least one insertion in one or more newspapers published in the County of Plymouth and circulating in the Town of Norwell, at least ten days before the opening of the bids.


Contracts shall be awarded to the lowest responsible bidder.


SECTION 5. No contract shall be split up or divided for the purpose of evading the foregoing section.


SECTION 6. In event the Selectmen are unable to secure com- petitive bids, they are authorized to take whatever action they deem advisable, but the Selectmen must certify in writing that the required invitations were sent out and such certifications together with any returned refusals must be filed with the Town Accountant and shall be kept in file open to public inspection at least for three years.


SECTION 7. The above sections shall not apply in cases of emergency requiring immediate action for the preservation of life or property or for such supplies and materials for which there is only one source of supply but such reasons for purchases must be certi- fied by the purchasing officer or board.


ARTICLE VIII- LEGAL AFFAIRS


SECTION 1. The Selectmen shall be agents of the Town to institute, prosecute and defend any and all claims, actions and pro- ceedings to which the town is a party or in which the interests of the town are or may be involved.


SECTION 2. When recommended in writing by Town Counsel, the Selectmen may, at their discretion, compromise or settle any


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claim or suit to which the Townis a party, unless otherwise expressly prohibited by Law.


SECTION 3. The Selectmen in their Annual Report shall state what actions have been brought against and on behalf of the town, what cases have been compromised or settled, and the current standing of all suits at law involving the town or any of its interests.


SECTION 4. The Selectmen shall annually, after the final ad- journment of the Annual Town Meeting, appoint a member of the bar in good standing to serve as Town Counsel for the term of one year from the date of his appointment and until his successor is appointed and enters upon the performance of his duties. They shall likewise fill any vacancy in said office, for the unexpired term, and may employ special counsel to assist the said Town Counsel when- ever, in their judgment, necessity therefor arises.


SECTION 5. It shall be the duty of the Town Counsel to conduct the prosecution or defense in actions and proceedings to which the town is a party, or to compromise claims, and the prosecution of actions or proceedings by or on behalf of any town officer, board or committee as such; to conduct the defense of any action or pro- ceedings brought against any town officer, board or committee as such when the Selectmen, having determined that any right or interests of the town are or may be involved therein shall so request; to conduct proceedings brought by or against the Assessors before the Board of Tax Appeals; to assist in the prosecution of com- plaints of violation of any By-Law of the town, when requested to do so by the Board or officer enforcing the same; to examine and report upon titles to all land to be acquired by the town; to prepare or approve contracts, bonds, deeds and other legal instruments in which the town is a party or in which any right or interest of the town is involved; to appear at any and all hearings on behalf of the town whenever his services may be required; and generally to advise and act for the town committees upon and in legal matters touching the duties of their respective offices.


ARTICLE IX- RECORDS AND REPORTS


SECTION 1. All Committees of the Town shall cause records of their doings and accounts to be kept in suitable books. Said books shall be kept in their respective places in the committee offices, and shall not be removed therefrom. Said books shall, unless other- wise provided by law, be open to public inspection at any reason- able time, but shall remain during such inspection under supervi-


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sion of the committee having custody thereof.


SECTION 2. All Committees and Special Committees of the Town having charge of the expenditure of town money shall annually report thereon in writing in such manner as to give the citizens a fair and full understanding of the objectives and methods of such expenditures, referring, however, to the report of the Town Account- ant for statements in detail of receipts and payments, and may make therein such recommendations as they deem proper. Such reports shall be submitted to the Selectmen for inclusion in the Annual Report on or before the fifteenth day of JANUARY of each year.


SECTION 3. The Annual Town Report shall contain, in addition to the Reports of committees, as hereinbefore provided, a detailed report of all monies received into and paid out of the Town Treas- ury in the Financial year next preceding; 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 inhabi- tants; a statement of the liabilities of the Town on bonds, notes, certificates ofindebtedness, or otherwise, and of indebtedness authorized but not incurred, and the purposes thereof; abstracts of the records of the meetings of the Town held since publication of the last Annual Report; and such other matters as the said Report is required by law to contain, or as may be inserted by the Selectmen under the dis- cretion granted them by law.


ARTICLE X- PUBLIC WAYS


SECTION 1. All new ways shall be laid out in conformance with the Rules and Regulations of the Planning Board, unless shown on a plan approved by the Planning Board, or unless such layout was made prior to June 1, 1949, and is so certified in writing by the Selectmen.


SECTION 2. No private way shall be accepted unless and until the Planning Board shall have certified in writing to the Selectmen that such way is well-built and so constructed that it is at least equal to the average construction of existing highways of the Town, with the proper grades in relation to abutting land and connecting streets and that it conforms with the Planning Board's Rules and Regulations, provided, however, this section shall not apply to the ways laid out subject to any provisions of law relating to the as- sessments of betterments.


SECTION 3. No private way shall be accepted for the purpose


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of construction or alterations, or any way laid out or altered by the Selectmen until all claims for damage have been estimated.


SECTION 4. No private way shall be accepted unless drainage as may be required shall be installed as directed by the Drainage Committee.


SECTION 5. Each petition for the layout of a street or way for acceptance at any Town Meeting shall be presented to the Selectmen at least three months before such meeting, and the Board of Select- men, the Planning Board, the Drainage Committee, the Board of Health, the Water Commissioners and the Highway Surveyor shall attach thereto an affidavit stating that the road is or is not satis- factory in width and so constructed as to be acceptable.


SECTION 6. The Board of Selectmen shall determine and desig- nate numbers of the buildings on such streets or portions of streets as they think best and no person shall neglect to affix to any building owned 'by him the street number designated to him by said board, nor shall any person affix or suffer to remain on any building owned by him a street number other than the one designated by said board.


SECTION 7. The names of new ways shall be approved by the Planning Board.


ARTICLE XI- LICENSES


SECTION 1. All licenses shall be granted and issued by the Selectmen except as otherwise provided in the General Laws and all statutes of the Commonwealth of Massachusetts.


SECTION 2. Except as otherwise provided by Law or these By-Laws, no license shall be granted without at least seven (7) days public notice of the application therefor and a license granted under these By-Laws or any additional By-Laws may be revoked by the Board or Officer granting the same.


SECTION 3. The Selectmen may license suitable persons to be dealers in Junk, old metal or second-hand articles in the Town but the premises of such dealers may be examined at all times by the Selectmen and no person shall be engaged in such occupation in the Town without a license.


SECTION 4. The occupations requiring licenses shall be those established by Law and by these or any additional By- Laws of the Town.




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