[Adopted as Arts. 4, 8, 9 and 10 of the 1981 Bylaws]
A. The Select Board shall consist of three members elected by ballot
at the Annual Town Election for a term of three years. One member
shall be elected in each year.
B. The Select Board shall have the general direction and management
of the property and affairs of the Town in all matters not otherwise
provided for by law or by these bylaws.
C. The Select Board may appear, either personally or by the Town Counsel
or by special counsel duly employed by them, before any court, committee
of the Legislature or any state or county board or commission or other
tribunal to protect the interests of the Town.
D. All conveyances of land or interests in land which may hereafter
be authorized by vote of the Town or otherwise, except land held under
tax titles, shall be signed by a majority of the Select Board, unless
otherwise provided by law or these bylaws or by special vote of the
Town, and the same shall be sealed with the Town Seal.
E. The Select Board shall specify the date when the warrant for any
Town Meeting shall close and shall set the date for any Special Town
Meeting or Special Town Election.
F. The Select Board shall annually cause to have printed an annual report
of the Town. Reports of all boards, commissions, committees or officers
which are to be published in the Annual Town Report shall be delivered
to the Select Board as soon after the first day of January as possible,
but not later than January 30 unless the Select Board shall fix another
date therefor.
G. The Select Board shall have the following appointment powers:
(1) The Select Board shall annually, and whenever a vacancy shall exist,
choose some competent lawyer to act as Town Counsel. He shall be paid
such compensation as the Select Board may determine and they may remove
him at pleasure. The Town Counsel shall provide such legal services
concerning the affairs of the Town as may be required of him by any
Town officer, board, committee or commission.
[Amended 4-26-2004 ATM, approved 8-19-2004]
(2) As provided in Chapter 376 of the Acts of 2010, there shall be a
Police Chief appointed by the Select Board who shall have and exercise
all the powers and discharge all the duties conferred by law generally
upon police chiefs. The Chief shall appoint such police officers as
the Chief deems necessary, and may remove the same at any time for
cause after a hearing. The Chief shall have full and absolute authority
in the administration of the Police Department, including the appointment
and removal of special and auxiliary police officers and other personnel,
shall make all rules and regulations for the Department’s operation,
shall report to the Select Board from time to time as the Board may
require, and shall annually report to the Town the condition of the
Department with the Chief's recommendations thereon. The Chief shall
fix the compensation of all members of the Department, subject to
the approval of the Select Board. The Chief shall be in immediate
control of all Town property used by the Department, and of the police
officers, whom the Chief shall assign to their respective duties and
who shall obey the Chief's orders.
[Amended 4-29-2013 ATM, approved 10-9-2013]
(3) The Select Board shall appoint a permanent Fire Chief who shall be
in charge of the Fire Department.
(4) The Select Board may appoint a Town Administrator for a term of one
or three years and may remove the Town Administrator so appointed
at its discretion. The Town Administrator shall be sworn to the faithful
performance of his or her duties. During the time that he or she holds
office the Town Administrator shall hold no elective Town office but
may be appointed by the Select Board or, with its approval, by any
other Town officer, board, committee or commission to any other Town
office or position consistent with the office. The Town Administrator
shall receive such aggregate compensation, not exceeding the amount
appropriated therefor, as the Select Board may determine. The Town
Administrator shall act by and for the Select Board in any matter
which they may assign to him or her relating to the administration
of the affairs of the Town or of any Town office or department under
its supervision and control and, with the approval of the Select Board,
may perform such other duties as may be requested of him or her by
any other Town officer, board, committee or commission.
[Added 6-7-1993 ATM, approved 8-20-1993]
(5) The Select Board may appoint and prescribe the duties of a Director
of Public Works who shall be especially fitted by education, training,
and experience to perform the duties of said office. Such Director
shall not be subject to the provisions of MGL c. 31. The term of office
of the Director shall be determined by the Select Board and said Director
shall serve at the pleasure of the Select Board.
[Added 4-28-2003 ATM, approved 10-16-2003]
(6) The Select Board shall appoint such other officers and the members
of such other boards, committees, commissions or other bodies of the
Town as may be required by law, these bylaws or vote of the Town.
It may establish and appoint or provide for the appointment of the
members of any board, committee or commission for which other provision
is not made and which, in its judgment, is required to assist the
Select Board or the Town on any matters subject to the Select Board's
jurisdiction.
H. Except as otherwise provided by law or these bylaws, the Select Board
shall have the power to issue all licenses and permits required by
law or these bylaws and to establish reasonable fees therefor. The
Select Board may from time to time adopt rules, regulations and restrictions
relative to the business of persons licensed by them under the General
Laws or these bylaws and to the supervision thereof, including the
imposition of lawful penalties for violations of such rules, regulations
and restrictions. The rules, regulations and restrictions adopted
by the Select Board shall be provided in writing to all applicants
for such licenses.
[Amended 4-28-1986 ATM, approved 7-23-1986]
I. Upon the certification of any department head that such department
has within its control tangible personal property of the Town which
has become obsolete or is no longer of practical value to the Town,
the Select Board shall authorize the sale thereof. The terms of the
sale shall be fixed by the Select Board, provided that where the fair
value of such property exceeds the sum of $500, it will only be sold
to the highest responsible bidder after competitive bids have been
invited by published notice.
J. The Select Board shall act as the Town's Board of Park Commissioners.
K. The Select Board shall act as the Board of Survey pursuant
to Chapter 141 of the Acts of 1903.
L. The Select Board shall promulgate regulations establishing addressing
standards and governing the numbering of properties. All properties,
buildings and structures are required to have a valid address.
[Added 4-25-2011 ATM, approved 6-22-2011]
(1) The regulations promulgated by the Select Board shall designate a
Town official(s) as the sole authority to assign and modify addresses
for all taxable and nontaxable properties.
(2) The Town will maintain an up-to-date Master Address Table using the
addresses assigned by the Select Board's designated Town official(s)
and parcel identification numbers for all taxable and nontaxable properties.
No one may publicly use or list an address for a property, building,
or structure located within the Town of Belmont, for any purpose,
unless that address is included in the Master Address Table.
[Amended 4-28-2003 ATM, approved 10-16-2003]
A. The Board of Cemetery Commissioners shall consist of three members
elected by ballot at the Annual Town Election for a term of three
years. One member shall be elected in each year. No sooner than five
years from the date of passage of that certain special act entitled
"Home Rule Petition for Belmont, An Act To Reorganize the Public Works
Functions in the Town of Belmont," the Select Board may request Town
Meeting to convert the Board of Cemetery Commissioners to an appointive
body. Upon a two-thirds vote of Town Meeting, the Select Board shall
establish and appoint a three-member Board of Cemetery Commissioners,
consisting of the incumbent elected members for the duration of their
term. Should an incumbent member choose not to serve in an appointive
capacity, the Select Board shall appoint a new Commissioner to fill
the remainder of that term. Upon the expiration of the initial terms
of appointment, the Select Board shall appoint Commissioners in a
manner consistent with Article 1 of this chapter.
B. The Board of Cemetery Commissioners shall have the following duties
and responsibilities:
(1) To educate the Select Board, Town administration and the citizens
of Belmont regarding the need for burial space and cemetery services;
(2) To advocate on behalf of the citizens of Belmont for burial space
and cemetery services, including expansion, maintenance, and beautification
of existing facilities;
(3) To establish policies and regulations relating to the cemetery, including
but not limited to the terms and conditions of burial rights, the
prices for sale of lots and graves and other services and the erection
of monuments and ornamentation;
(4) To identify and advocate for major capital and facility improvements,
including expansion, to meet the long-term needs of the cemetery system
and to work cooperatively with the Town's staff to develop an appropriate
financing plan for such improvements;
(5) To develop an appropriate marketing strategy to sell cemetery lots
as required to meet financial requirements of cemetery needs;
(6) To certify and recommend for Town Meeting appropriation the amount
and use of proceeds from the sale of cemetery lots paid into the Town
treasury for reimbursement to the Town for the cost of the land, its
care, improvement and embellishment, or the enlargement of the cemetery;
(7) To report annually, in cooperation with the Director of Public Works
and the Town Treasurer, on the status of the Perpetual Care Fund and
on progress in implementing the capital improvement plan. In cooperation
with the Town Accountant, to certify and recommend for Town Meeting
appropriation the amount of perpetual care interest income to offset
the cost of routine cemetery maintenance; and
(8) To assume jurisdiction and representation of applicable provisions
of that certain Memorandum of Agreement dated November 22, 1999, relating
to the use of land in Belmont formerly owned by McLean Hospital, including,
without limitation, Attachment B2 - Conservation Restriction, Attachment
E - Land Use and Management Plan, and Attachment K - Cemetery Agreement.
A. The Board of Health shall consist of three members elected by ballot
at the Annual Town Election for a term of three years. One member
shall be elected in each year.
B. The Board shall make and publish from time to time such regulations
as it deems necessary for the public health and safety and shall cause
the same to be printed in suitable form for public distribution.
C. The Board shall have charge of all appropriations made by the Town
for health and sanitary purposes which are not especially entrusted
to any other department.
D. The Board shall annually make a report to be printed in the Annual
Town Report showing in detail the statistics of the health and sanitary
condition of the Town with recommendations for its improvement, together
with a full and comprehensive statement of its work and that of its
appointees during the previous year. The report shall also contain
a detailed statement of the amounts expended by the Board during the
year.
E. The noncriminal disposition of violations of any Town bylaw within
the jurisdiction of the Board of Health, or any rule or regulation
of the Board of Health, is hereby authorized in accordance with the
provisions of MGL c. 40, § 21D ("§ 21D").
[Added 4-23-1990 ATM, approved 8-13-1990]
(1) "Enforcing person" as used in this Subsection
E shall mean any police officer of the Town, the Health Director, any member of the Board of Health and any other Town employee designated by the Board of Health as an enforcing person.
(2) An enforcing person taking cognizance of a violation of any bylaw,
rule or regulation hereunder may, as an alternative to instituting
criminal proceedings, give the offender written notice to appear before
the Clerk of the District Court having jurisdiction thereof for the
noncriminal disposition thereof in accordance with § 21D.
The provisions of § 21D are incorporated herein by this
reference.
A. The Board of Trustees of the Public Library shall consist of six
members elected by ballot at the Annual Town Election for a term of
three years. Two members shall be elected in each year.
B. The Trustees shall have the sole care and management of the public
library and any branch or branches thereof which the Town may establish
and the custody of the books and other property thereof and may adopt
regulations for governing the libraries and their use.
C. The Trustees shall appoint a Librarian and such other employees as
they deem expedient, determine their duties and remove them at pleasure.
D. The Trustees shall have charge of all appropriations made by the
Town for library purposes and shall expend the same for the purchase
of such books and materials as they shall select and in the maintenance,
support and promotion of the libraries and their facilities.
E. The Trustees shall annually make a report to be printed in the Annual
Town Report showing in detail their work and that of their appointees
and the condition of the libraries.