1989-10-04 Bylaw Committee Minutes

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Bylaw Committee Minutes #163 October , 1989 Members present; Ed Murphy, George Theophanis, Nils Nordberg, Dolores Carroll and Phil Pacino Guests present; Tom Stohlman, Jonathan Edwards and Ted Cohen 7:40 Meeting called to order in the conference room of the Library Jonathan Edwards and Tom Stohlman reviewed with the committee the CPDC's articles on the Fall Town Meeting. These articles were articles 18-25. It was pointed out that articles 18-22 were the same as these approved at a prior Town Meeting but were not accepted by the State Attorney General's office. The committee then reviewed with Ted Cohen articles 5-10. Ted Cohen reviewed the rationale behind and the legal standing of the articles. The committee then discussed with Ted Cohen the possible conflict between the present recodification process and section 8-9 of the Charter, which calls for a public hearing 4 months prior to the Town Meeting at which any bylaw change is to be presented. Attorney Cohen stated he felt there was no conflict. However after discussion he agreed to check into the matter further and report back to the committtee. 1 The committee then returned to the recodifation process. N The committee asked Attorney Cohen about the difference between the words "severability" and "seperability" and their use in the bylaws. It was stated that they both meant the same thing. After further discussion on the issu Q~Ammitt e that section 5.10.6 would replace section 1.6 of the Bylaws and that sections 5.3.22, 5.10.6 and 5.9.8 would be deleted Minutes #161 were approved by a vot e of 4-0-1 Minutes 4162 were approved by a vote of 4-0-1 On a motion of George Theophanis and seconded by Nils Nordberg the committee voted 5-0 to reconsider Article 4 of the Fall Town Meeting. On a motion of George Theophanis and seconded by Nils Nordberg the committee voted 5-0 to recommend Article 4. After discussion the committee on a motion of Nils Nordberg and seconded by George Theophanis voted 5-0 to reconsider Article 6 of the Fall Town Meeting. On a motion of George Theophanis and seconded by Nils Nordberg the committee voted 5-0 to recommend Article 6 with a change in the 4th sentence of the article. After discussion the committee on a motion of George Theophanis and seconded by Phil Pacino voted 4-1 to not recommend Article 9 of the Fall Town Meeting. 10:47 Meeting adjourned until October 11, 1989 at 7:30 Sincerely, Philip B. Pacino, Clerk