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HomeMy WebLinkAbout1988-08-17 Bylaw Committee MinutesBYLAW COMMITTEE MINUTES #132 August 17, 1988 Members present: Ed Murphy, George Theophanis, Nils Nordberg, Phil Pacino and Dolores Carroll. 7:40 Chairman Murphy called the meeting to order in Room 16 of Town Hall. Town Counsel Ted Cohen, Moderator Paul Dustin, Town Clerk Doris Fantasia, and Precinct 3 Town Meeting member John Milano, were in attendance. Began with discussion on proposed "Regulations" bylaw drafted by George Theophanis. Ted Cohen was concerned with the means of adoption as there are definite statuary requirements which must be followed. He agrees that regulations should be kept in the Town Clerk's office. Prior to adoption, "Refer to Town Clerk for review and comment" should be added. Following a hearing, information should go to Town Clerk. Ted will redraft and have a copy ready for our next meeting on August 24. Both he and Doris Fantasia agreed it would be beneficial to adopt. John Milano felt it would prevent conflict - eliminate controversy. Nils suggested adding date to reflect most recent adoption or amendment. Paul Dustin questioned where to draw the line for regulations of the police/fire department? To what extent do you limit this? Rules and regulations that impact upon the general public - how can we specify which are applicable? Only those rules and regulations applicable to the public should be made public and filed in the Town Clerk's office. Copy of Reading Chronicle's report of our last meeting attached hereto. Respectfully submitted, Dolores Carroll The committee then discussed the use of multiple motions under the same Town Meeting article. Nils Nordberg reviewed his letter of May 16, 1988 which expressed his concerns in this area. Paul Dustin stated that he believed that the provision for a division of the question as provided for by Roberts' Rules of Order applied. Mr. Dustin additionally had a handout dealing with the proper use of subsequent motions ^s applied to this area. (Handout attached herewith) The committee after discussion concluded that multiple motions were permisable so long as the subsequent motion is not a retracing,and thus reconsideration, of the motion just acted on. The committee and Mr. Dustin concurred on changing the word "only" to "distinctly" in the 4th line of his handout. During discussion other issues were discussed. One being the use of multiple motions when setting and funding special committees of Town Meeting. Another was that the committee would prefer that Town Meeting articles ' - require only a positive or negative "Espouse oche direction being asked for and that the articles not be multi-directional with Town Meeting members asked to set the direction. The last was that the committee, so that Town Meeting members get a clearer view of the warrant, prefer that multiple motions under the same be avoided and the purpose be accomplished thru seperate articles for seperate motions. Minutes #131 were approved Respectfully submitted, Philip B. Pacino, Clerk P. Dustin Aug. 17,1988 Subsequent Motions If the subsequent motion to be offered, as distinct from an amendment made during debate, includes material which has previously been put to a vote and defeated, it vili be viewed by the Moderator as reconsideration and vill not be accepted. If the subsequent motion contains only nev material which is within the scope of the varrant article, then it will be accepted. Multiple motions confuse Town Meeting-. _ es proposed cha~nc discussed By H()Uy SPf) STA records opotential o l official regulations, and the matter of multiple motions under one article at Town meeting were discussed at last night's Bylaw Committee meeting with Town Counsel Ted Cohen and Town Clerk Doris Fantasia. wording, Decisions on actual and the scope of each bylaw, win be further defined at next week's meeting, when Cohen will advise the Committee. Committee member Nils Nordberg said the issue of multiple addressed because it-was a tad aWkward" at the last Town. Meeting. Robert's Rules of Order weref consulted about the question multiple motions, and it was determined that division of the question with separate motions for each part is permitted, and other than amendinga motion or putting it up o sideration, the moderator will decide. Town Meeting Moderation Paul Dustin stated his position on the issue: "If the subsequent motion to be offered, as distinct from an amendment made during debate, includes material which has previously been voted and defeated, it will be viewed by the Moderator as a reconsideration if the and suwill not bsequent accepted. motion contains distinctly new material which is within the scope of the warrant article, then it will be accepted." The position of the Moderator will he made clear attTTo" Meeting to clarify it U comes up. Dustin said it was SM very important to be prepared beforehand, and not bring up new suggestions Meeting issues during which would prolong it. Nordberg added that there would have to be a lot Of support to get something new introduced in the eleventh hour" of Town Meeting. He also Continued on Page 2A tuea most recenuy with the Continued from rage 1 Tnwn Clerk's. office. All said that a problem funding new up in forming and committees. Cohen agreed, and said „nothing will work better than people knowing in advances" and that there was a problem because the warrant closes so early. He said it was very im- portant to ,be clearer with Town Meeting exactly what the rules and regulations are." in other business, up-to•date sett of rules complete, regulations for all officials, boards, committees and commissions was also discussed at last night's meeting. It was decided that it was the individual town bodies who were responsible for the Town Clerk having accurate and up.to-date information, and the burden of having what Town Meeting member John Milano called the "last true word," should not be on her. Any in- dividual requesting that in- formation should, after getting it from the Town Clerk's office, go to the source to make sure it is the most recent information. Town Clerk Doris Fantasia said that "anyone and reeq a ttha certified COPY, legwork for them." It costs $2.50. If a certified copy is requested, the Town Clerk makes sure the information is up to date, but It a copy is all that is asked for, it is what was material is dates. Committee member George Theophanis who drafted the proposed bylaw changes, said that there needs to be one document to "try to bring all the regulations together somehow,' and said any regulation changes should be submitted, and formally Town roved or disapproved Counsel. Cohen said that it shouldn't a formal process,, but that his role should be to review and comment on the changes, "I advise various boards, I wouldn't want it to be too for- mal." Cohen is going to redraafft tat proposed changes the next meeting. . ~O~y v~~q i Town of Reading L~ -4 1 Reading, Massachusetts 01867-2693 9 INCORQ0 (617) 942-0500 TOWN CLERK 16 LOWELL STREET TO: Peter Hechenbleikner Bylaw Committee FROM: Doris Fantasia DATE: August 22, 1988 RE: Adoption of Joint Fee Schedule Attached please find a copy of the new Joint Fee Schedule of Massachusetts City and Town Clerks' Association, which I am in support of. It establishes common fees charged for services rendered by Clerks' offices, throughout Massachusetts. It would eliminate the situation which we often find ourselves to be in; ie. individuals calling Clerks' offices comparing fees and office hours. I have often,during evening hours, found that we, in fact, are servicing members of surrounding communities--for our fees are less and we provide accessibility during the evening.,. especially for requests of Intentions of Marriage. I would like to propose the Fee Schedule be included in the Warrant for either the Subsequent Town Meeting in the Fall or the Annual Town Meeting in the Spring. There is also attached a copy of a sample Article for the Warrant. Please note that our current Fee Schedule, which is attached, was, effective October 16, 1981. ARTICLE To see if the Town will vote to accept the following changes to Town Clerk fees as authorized by MGLA Chapter 262, section 34, clauses 1.79: Claus e Description PROPOSED (1) For filing and indexing assignment for the benefit of creditors. 10.00 (11) For entering amendment of a record of the birth of a child born out of wedlock subsequently legitimized. 10.00 (12) For correcting errors in a record of birth. 10.00 (13) For furnishing certificate of a birth. 5.00 (13A) For furnishing an abstract copy of a record of birth. 4.00 (14) For entering delayed record of birth. 10.00 (20) For filing certificate of a person conducting business under any title other than his real name. 20.00 (21) For filing by a person conducting business under any title other than his real name of a statement of change of his residence, or of his discontinuance, retirement or withdrawal from, or change of location of, such business. 10.00 i22) For furnishing certified copy of certificate of person conducting business under any title other than his real naie or a statement by such person of his discontinuance, retirement or withdrawal from such business. 5.00 (24) For recording the name and address, the date and number of the certificate issued to a person registered for the practice of podiatry in the Commonwealth. 20.00 (29) For correcting errors in a record of death. 10.00 (30) For furnishing a certificate of death. 5.00 (30A) For furnishing an abstract copy of a record of death. 4.00 (42) For entering notice of intention of marriage and issuing certificates thereof. 15.00 (43) For entering certificate of marriage filed by persons married out of the Commonwealth. 5.00 (44) For issuing certificate of marriage. 5.00 (44A) For furnishing an abstract copy of a record of marriage. 4.00 (45) For correcting errors in a record of marriage. 10.00 (54) For recording power of attorney. 10.00 (57) For recording certificate of registration granted to a person to engaged in the practice of optometry, or issuing a certified copy thereof. 20.00 (58) For recording the name of the owner of a certificate of registration as a physician or or osteopath in the Commonwealth. 20.00 .62; For recording order granting locations of poles, piers, abutments or conduits, alterations or transfers thereof, and increase in number of wires and cable or 40.00 flat rate attachments under the provisions of Sec.22 of Chapter 166. 10.00 add'l streets (66) For examining records or papers relating to birth, marriage or deaths upon the application of any person, the actual expense thereof, but not less than 5.00 (67) For copying any manuscript or record pertaining to a birth, marriage or death. 5.00 per page (69) For receiving and filing a complete inventory of all items to be included in a 10.00 1st page "closing out sale", etc., 2.00 add'i page (75) For filing a copy of written instrument or declaration of trust by trustees of an association or trust, or any amendment thereof as provided by Sec. 2, Chapter 182. 20.00 (78) For recording deed of lot or plot in a public place of cemetery. 10.00 (79) Recording any other documents. 10.00 lst page 2.00 add'l pages Voter's Certificate. 5.00; or act anything thereon. R>±GcIII ED TV* N C,t F R K READI `-G, HbSS. MAR ZZ II 5S AM JOINT FEE SCHEDULE STUDY COMMITTEE Robert J. Ebersole, Town Clerk of Lunenburg Carolyn Ward, Town Clerk of Winchester John J. Lyons, City Clerk of Brockton John M. Gillis, City Clerk of Quincy Based on the responses from the fee schedule survey, the Joint Committee is recommending that each city and town clerk present the enclosed fee schedule for adoption by town meetings and city councils. While we recognize that some communities and clerks may not wish to make these changes, 90% of those who responded do support uniformity of fees statewide. The fees have been proposed based on increases in inflation since they were last changed, as well as an analysis of the effort needed to perform the services. Please be advised that we will also be aggressively pursuing legislation to increase fees for UCCs, Fish and Game and other state regulated clerks' duties. State law requires that if a town has a town council form of government with no town meeting, then adoption of the fees must be by by-law. However, as the majority of towns do have town meeting (open or representative), a simple majority vote by town meeting is all that is required. You may either use the article in the form presented or use a short form article such as the following: "To see if the Town will vote to adopt a new fee schedule for Town Clerk's fees in accordance with the provisions of Massachusetts General Laws, Chapter 262, section 34, clauses 1- 9, the schedule being available in the Clerk's office and posted on the Town bulletin board, or act anything thereon." If your warrant has already closed, the schedule may be adopted at a special meeting within the annual meeting or at a later special town meeting. I v 1~ j THE FOLLOWING SCHEDULE OF FEES SHALL BE ESTABLISHED: READING BY-LAWS, ARTICLE XV11, SECTION 7, EFFECTIVE OCTOBER 16, 1981 ENTERING AMENDMENT OF A RECORD OF THE BIRTH OF AN ILLEGITIMATE CHILD SUBSEQUENTLY LEGITIMIZED 5.00 CORRECTING ERRORS IN A RECORD OF BIRTH 5.00 FURNISHING CERTIFICATE OF BIRTH 3.00' FURNISHING AN ABSTRACT COPY OF A RECORD OF BIRTH 2.00 ENTERING DELAYED RECORD OF BIRTH 5.00 FILING CERTIFICATE OF A PERSON CONDUCTING BUSINESS UNDER ANY TITLE OTHER THAN HIS REAL NAME 10.00 FILING BY A PERSON CONDUCTING BUSINESS UNDER ANY TITLE OTHER THAN HIS REAL NAME, OF STATEMENT OF CHANGE OF HIS RESIDENCE OR OF HIS DISCONTINUANCE, RETIREMENT OR WITHDRAWAL FROM, OR OF A CHANGE OF LOCATION OF SUCH BUSINESS 5.00 FURNISHING CERTIFIED COPY OF CERTIFICATE OF PERSON CONDUCTING BUSINESS UNDER ANY TITLE OTHER THAN HIS REAL NAME OR A STATEMENT BY SUCH PERSON OF HIS DISCONTINUANCE, RETIREMENT OR WITHDRAWAL FROM SUCH BUSINESS 3.00 CORRECTING ERRORS IN A RECORD OF DEATH 5.00 FURNISHING A CERTIFICATE OF DEATH 3.00 FURNISHING AN ABSTRACT COPY OF A RECORD OF DEATH 2.00 ENTERING NOTICE OF INTENTION OF MARRIAGE AND ISSUING CERTIFICATE THEREOF 10.00 ENTERING CERTIFICATE OF MARRIAGE FILED BY PERSONS MARRIED OUT OF THE COMMONWEALTH 3.00 ISSUING CERTIFICATE OF MARRIAGE 3.00 FURNISHING,AN ABSTRACT COPY OF A RECORD OF MARRIAGE 2.00 CORRECTING ERRORS IN A RECORD OF MARRIAGE 5.00 k-1- 1 s JL" i" vJL RECORDING THE NAME AND ADDRESS, THE DATE AND NUMBER OF THE CERTIFICATE ISSUED TO A PER, ON REGISTERED FOR THE PRACTICE OF PODIATRY IN THE COMMONWEALTH 10.00 RECORDING CERTIFICATE OF REGISTRATION GRANTED TO A PERSON TO ENGAGE IN THE PRACTICE OF OPTOMETRY, OR ISSUING A CERTIFIED COPY THEREOF 10.00 RECORDING THE NAME OF THE OWNER OF A CERTIFICATE OR REGISTRATION AS A PHYSICIAN OR OSTEOPATH IN THE COMMONWEALTH 10.00 RECORDING ORDER GRANTING LOCATIONS OF POLES, PIERS, ABUTMENTS OR CONDUITS, ALTERATIONS OR TRANSFERS THEREOF, AND INCREASE IN NUMBER OF WIRES AND CABLE OR ATTACHMENTS UNDER THE PROVISIONS OF SECT. 22 OF CHAPTER 166 FLAT RATE 25.00 ADD'L FEE 5.00 EXAMINING RECORDS OR PAPERS RELATING TO BIRTH, MARRIAGE OR DEATHS UPON THE APPLICATION OF ANY PERSON, THE ACTUAL EXPENSE THEREOF 5.00 COPYING ANY MANUSCRIPT OR RECORD PERTAINING TO A BIRTH, MARRIAGE OR DEATH 3.00 RECEIVING AND FILING OF A COMPLETE INVENTORY OF ALL ITEMS TO BE INCLUDED IN A "CLOSING OUT SALE", ETC. PER PAGE 2.00 FILING A COPY OF WRITTEN INSTRUMENT OR DECLARATION _ OF TRUST BY THE TRUSTEES OF AN ASSOCIATION OR TRUST, OR ANY AMENDMENT THEREOF AS PROVIDED BY SECT. 2, CHAPTER 182 10.00 RECORDING DEED OF LOT OR PLOT IN A PUBLIC BURIAL PLACE OR CEMETERY 5.00 RECORDING ANY OTHER DOCUMENTS PER 1ST PAGE 5.00 EACH ADD'L PAGE 2.00 VOTER'S CARD 2.00 September 28, 1981 Boston, Massachusetts Tile foregoing amendments to the general by-laws adopted under Articles 18, 19, 20, 21, 22, 23 and 28 of the warrant for the Reading Annual Town Meeting held April 13, 1981, are hereby approved.