[HISTORY: Adopted by the Town Meeting of
the Town of Westwood as indicated in article histories. Amendments
noted where applicable.]
[Adopted as Art. 7 of the General Bylaws]
[1]
Editor's Note: Article 18, adopted at the 5-6-2013 Annual
Town Meeting, changed the name of this commission from the Finance
Commission to the Finance and Warrant Commission.
[Amended 1994 ATM by Art. 14; 5-6-2013 ATM by Art.
18]
There shall be a Finance and Warrant Commission
of 15 voters, appointed subject to the provisions of the Town Charter.
Five members shall be appointed annually, following the business session
of the Annual Town Meeting, and shall serve three-year terms and until
their successors have been appointed. The position of a member of
the Finance and Warrant Commission shall be vacated whenever a member
is certified by the Registrars of Voters as a candidate for elected
office in the Town.
[Amended 11-19-1979 STM by Art. 2]
The first meeting of the Finance and Warrant
Commission, after the Annual Town Meeting and after the annual appointment
of new members, shall be called by the Finance and Warrant Commission
Secretary within 45 days of the final adjournment of the business
session of the Annual Town Meeting. At this meeting the Commission
shall organize by the choice of a Chairperson and Secretary. The Finance
and Warrant Commission may employ a Secretary, not a member of the
Commission.
Seven members of the Commission shall constitute
a quorum.
If any member is absent from five consecutive
meetings of said Commission without reason acceptable to the Moderator,
the Chairperson of the Commission shall give notice thereof to the
Town Clerk, and upon the giving of such notice the position shall
become vacant and the Moderator shall fill said vacancy to complete
the unexpired term.
[Amended 5-6-2013 ATM by Art. 18]
It shall be the duty of the Finance and Warrant
Commission to study the financial and other affairs of the Town and
to advise with all officers of the Town as to expenditures and recommendations
for appropriations to be made by them. All officers of the Town shall
on request of the Commission furnish it with all facts, figures, and
all other information pertaining to their several departments. Transfers
from any sum appropriated by the Town as a reserve fund shall be made
by this Commission as authorized by law.
[Amended 5-6-2013 ATM by Art. 18]
The Finance and Warrant Commission shall consider
all articles in the warrants for every Town Meeting and shall report
in writing before each Town Meeting in a manner provided by bylaw,
its advice, estimates, and recommendations for consideration by the
Town Meeting, in accordance with the provision of the Town Charter.
The Commission shall hold a public meeting with
respect to the warrant at least 14 days prior to any Town Meeting
and conduct one or more such meetings on the proposed annual budget
in accordance with provisions of the Town Charter.
[Amended 5-6-2013 ATM by Art. 18]
The recommendation of the Finance and Warrant
Commission with reference to the various articles of the Town warrants
shall include a poll of the votes taken at the meetings of the Finance
and Warrant Commission, said poll to show only the number of Commission
members voting in favor or against the actions recommended by the
Commission.
[Amended 5-6-2013 ATM by Art. 18]
The Finance and Warrant Commission shall cause
to be distributed, no later than seven days before the business session
of the Annual Town Meeting, a copy of its annual report to the listed
residence of each voter of the Town.
Said annual report shall be published on the Town's website
and copies made available at the Town Clerk's office; provided,
however, that while it is the intent of this bylaw that every effort
shall be made to distribute and post the report as set forth herein,
failure to do so shall not invalidate the actions of the Annual Town
Meeting.
[Adopted as Art. 8 of the General Bylaws]
All fees received by any Town officer by virtue
of his office and all fines, penalties and forfeitures for the violation
of any bylaws shall be paid into the Town treasury.
[Amended 5-3-2010 ATM
by Art. 15]
The Selectmen may, in all cases not otherwise
provided for by law, bring suit in the name of the Town against the
principal and sureties, or either or any of them, named in any bond
given to the Town by an officer, agent, contractor, or other person,
for breach of the condition of such bond. They shall cause the appearance
and answer of the Town to be entered and made in all suits brought
against the Town and may employ counsel to defend the same. They shall
consider all claims made against the Town and may settle the same,
provided that in no case shall a settlement be so made by payment
of more than $1,000 without authority from the Town.[1]
[1]
Editor's Note: Original Sections 3 and 4,
which immediately followed this section, were deleted by the Attorney
General in 1972.
[Added 1987 ATM by Art. 19]
The Board of Selectmen may sell, assign, or
transfer any tax title property, held by the Town, to the highest
bidder after a public auction. Fourteen days' notice of the time and
place of the public auction must be made by publication in a newspaper
of general local circulation and posting in two or more convenient
and public places in the Town. Fourteen days' notice of the intended
sale, assignment, or transfer must be sent by registered mail to the
abutters of the subject parcel. The sum paid for the tax title property
shall not be less than the amount necessary for redemption. Preference
shall be given to abutters. This section shall not apply to improved
property or to land that would be entitled to the issuance of a building
permit.
[Amended 1986 ATM by Art. 15; 5-3-2010 ATM by Art. 15]
The Chief Procurement Officer may sell or otherwise
dispose of personal property under his/her control when the Chief
Procurement Officer has been advised by the officer or board in charge
of a department that such property is no longer essential to the operation
of the Town, provided the value of such property does not, in the
opinion of the Chief Procurement Officer, exceed $1,000 and further
provided the Chief Procurement Officer shall first advertise for bids
and accept the highest responsible bidder in the case of any sale.
[Amended 1981 ATM by Art. 22; 1983 ATM by
Art. 41; 1986 ATM by Art. 15; 1991 ATM by Art. 14; 1992 ATM by Art.
20; 2001 ATM by Art. 27; 5-3-2010 ATM by Art. 15; 5-6-2013 ATM by Art. 18; 5-5-2014 ATM by Art. 15; 11-17-2014 STM
by Art. 17]
No contract for the purchase of equipment, supplies
or materials; no contract for auditing or consulting work; and no
contract for design engineering and construction projects, the actual
or estimated cost of which amounts as required by MGL or more, except
in cases of special emergency involving health or safety of the people
or their property, shall be awarded unless proposals for the same
have been invited by advertisement in at least one newspaper of general
circulation in the Town, or if there is no such newspaper, in a newspaper
published in the county, and, if required by MGL, in the Central Register
and/or the Goods and Services Bulletin, and on the Town's web page,
which publications are to be at least two weeks before the time specified
for the opening of said proposals. Such advertisement shall state
the time and place for opening the proposals in answer to said advertisement
and shall reserve to the Town the right to reject any or all such
proposals. All such proposals shall be opened in public. Unless authorized
by the Board of Selectmen, a procurement officer shall not solicit
or award a contract for a term exceeding three years, including any
renewal, extension, or option. No bill or contract shall be split
or divided for the purpose of evading any provision of this section.
The Chief Procurement Officer(s) shall be responsible for enforcement
of this section.
The Town Administrator shall serve as the Chief Procurement
Officer under Chapter 30B of the General Laws and shall be responsible
for the procurement and award of all contracts for supplies, services,
materials and equipment other than those for the School Department
and the library; provided, however, that any contract over $100,000
shall require the approval of the Board of Selectmen.
No contract or change in contract involving
the expenditure of money shall be executed by or in behalf of the
Town unless approved by the Town Counsel as to form and unless such
contract is countersigned by the Town Accountant, who shall certify
thereon that the proposed expenditure is not in excess of the appropriation
therefor or the unexpended balance thereof.
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 in
behalf of the Town by a majority of the Board of Selectmen and countersigned
by the Town Treasurer and it shall be sealed with the Town Seal.
[Amended 5-3-2010 ATM
by Art. 15]
Prior to disposition of any property held by
the Town under tax title, the Town Treasurer, or Tax Collector, as
the case may be, shall notify in writing the Board of Selectmen, the
Conservation Commission and the Planning Board at least 45 days prior
to said disposition. Notification shall indicate the land area location
and general description of the property in question, name and address
of the record owner, and the proposed disposition.
[Added 9-25-1989 STM by Art. 10]
A.
The Town may deny any application for or revoke or
suspend any local license or permit, including renewals and transfers,
issued by any board, officer, or department for any person, corporation
or business enterprise who has neglected or refused to pay any local
taxes, fees, assessments, betterments or any other municipal charges.
(1)
The Tax Collector or other municipal official responsible
for records of all municipal taxes, assessments, betterments and other
municipal charges, hereinafter referred to as the "Tax Collector,"
shall annually furnish to each department, board, commission or division,
hereinafter referred to as the "licensing authority," that issues
licenses or permits, including renewals and transfers, a list of any
person, corporation, or business enterprise, hereinafter referred
to as the "party," that has neglected or refused to pay any local
taxes, fees, assessments, betterments or other municipal charges for
not less than a twelve-month period, and that such party has not filed
in good faith a pending application for an abatement of such tax or
a pending petition before the Appellate Tax Board.
[Amended 5-2-2011 ATM
by Art. 25]
(2)
The licensing authority may deny, revoke, or suspend
any license or permit, including renewals and transfers, of any party
whose name appears on said list furnished to the licensing authority
from the Tax Collector; provided, however, that written notice is
given to the party and the Tax Collector, as required by applicable
provisions of law, and the party is given a hearing, to be held not
earlier than 14 days after said notice. Said list shall be prima facie
evidence for denial, revocation or suspension of said license or permit
to any party. The Tax Collector shall have the right to intervene
in any hearing conducted with respect to such license denial, revocation
or suspension. Any findings made by the licensing authority with respect
to such license denial, revocation or suspension shall be made only
for the purposes of such proceeding and shall not be relevant to or
introduced in any other proceeding at law, except for any appeal from
such license denial, revocation or suspension. Any license or permit
denied, suspended or revoked under this section shall not be reissued
or renewed until the license authority receives a certificate issued
by the Tax Collector that the party is in good standing with respect
to any and all local taxes, fees, assessments, betterments or other
municipal charges payable to the municipality as of the date of issuance
of said certificate.
(3)
Any party shall be given an opportunity to enter into
a payment agreement, thereby allowing the licensing authority to issue
a certificate indicating said limitations to the license or permit,
and the validity of said license shall be conditioned upon the satisfactory
compliance with said agreement. Failure to comply with said agreement
shall be grounds for the suspension or revocation of said license
or permit; provided, however, that the holder be given notice and
a hearing as required by applicable provisions of law.
(4)
The Board of Selectmen may waive such denial, suspension
or revocation if it finds there is no direct or indirect business
interest by the property owner, its officers or stockholders, if any,
or members of his immediate family, as defined in MGL c. 268A, § 1,
in the business or activity conducted in or on said property.
[Amended 5-3-2010 ATM
by Art. 15]
B.
This section shall not apply to the following licenses
and permits: open burning, MGL c. 48, § 13; bicycle permits,
MGL c. 85, § 11A;[1] sales of articles for charitable purposes, MGL c. 101,
§ 33; children work permits, MGL c. 149, § 69;
clubs, associations dispensing food or beverage licenses, MGL c. 140,
§ 21E; dog licenses, MGL c. 140, § 137; fishing,
hunting, trapping license, MGL c. 131, § 12; marriage licenses,
MGL c. 207, § 28; and theatrical events, public exhibition
permits, MGL c. 140, § 181.
[1]
Editor's Note: Section 11A was repealed by St. 2008, c. 525.
[Added 1993 ATM by Art. 10]
Rates and other charges for an enterprise for
which an enterprise fund has been established pursuant to MGL c. 44,
§ 53F 1/2 shall be so established as to produce revenue
that does not exceed the amount of the annual appropriation made for
the enterprise, less any funds received for the enterprise from any
other source without express authority from the Town Meeting.
[Added 2001 ATM by Art. 28]
All fees for fire and police details must be
paid within 45 days of the issuance of the first bill. In the event
that such charges remain unpaid after the expiration of 45 days, interest
will accrue at the annual rate equivalent to the rate assessed for
unpaid property taxes pursuant to the provisions of MGL c. 59, § 57,
as said provisions may from time to time be amended. Said interest
charges will be calculated and deducted from each payment, with the
remaining balance being applied to the principal, and said interest
revenue will be deposited in the detail account.
