[Adopted as Arts. 12, 13, 16, 19, 25 and 33 of the 1981 Bylaws]
[Added 4-25-1983 ATM, approved 8-2-1983]
A.
There shall be a Bylaw Review Committee consisting of the Town Clerk
and four members appointed by the Moderator.
B.
It shall be the duty of the Committee to consider all articles in
the warrant for any Town Meeting which propose an amendment or addition
to the General Bylaws.
C.
The Committee Chair or some members of the Committee designated by
the Chair shall report to the Town Meeting such recommendations, if
any, as the Committee shall consider appropriate with respect to any
article in the warrant which proposes an amendment or addition to
the General Bylaws. The Moderator shall call upon the Committee for
such report prior to the discussion or vote on such article.
D.
Whenever practicable, the Select Board shall submit to the Committee
all proposed amendments or additions to the General Bylaws prior to
their inclusion in the warrant for any Town Meeting. The Committee
shall meet and review all such proposed amendments and additions and
shall report to the Select Board its recommendations as to their form
and consistency with existing provisions of the General Bylaws and
as to their placement in the General Bylaws.
E.
The Committee may propose to the Select Board for inclusion in the
warrant for the next Annual or Special Town Meeting any amendments
or additions to the General Bylaws which the Committee determines
should be made so as to resolve inconsistencies with other provisions
or with applicable law. The Committee shall propose to the Select
Board, for inclusion in the warrant for the next Annual or Special
Town Meeting, any amendments or additions to the General Bylaws which
have been requested of it by any Town board or officer.
F.
The Committee may consult with Town Counsel as to the legality of
any provisions or proposed provisions of the General Bylaws.
G.
The Committee shall assist the Town Clerk in preparing the publication
from time to time of appendices and supplements to the General Bylaws,
including all amendments and additions thereto.
[Amended 5-29-2013 STM, approved 10-8-2013]
H.
Failure to observe any provision of this section shall not affect
the validity of any change in the General Bylaws which has been duly
adopted by vote of the Town Meeting.
[Amended 5-29-2013 STM, approved 10-8-2013]
[Amended 4-22-1996 ATM, approved 8-6-1996; 4-29-2013 ATM, approved 10-9-2013; 5-3-2021 ATM,
approved 10-4-2021; 5-2-2022 ATM, approved 9-26-2022]
A.
The Capital Budget Committee shall henceforth be named "Comprehensive
Capital Budget Committee" ("the Committee") composed of nine voting
members and two non-voting members: the Vice-Chair of the Select Board
(or a member of that Board designated by its Vice Chair), the Chair
of the Warrant Committee (or a member of that Committee designated
by its Chair), the Chair of the Energy Committee (or a member of that
Committee designated by its Chair), the Chair of the School Committee
(or a member of that Committee designated by its Chair), and five
registered voters of the Town who shall be appointed by the Moderator.
The Moderator-appointed members shall serve for staggered three-year
terms and shall be eligible for reappointment. The Town Administrator
and the Superintendent of Schools, or their designees, shall serve
as the non-voting members.
B.
The Committee shall prepare (and annually update) a Long-Term Capital Improvement Plan ("the Plan"). As used in this § 40-405, the term "capital improvement" shall refer to spending to acquire, lease, construct, rehabilitate, or upgrade long-lived assets such as buildings, infrastructure, vehicles, major pieces of equipment, and technology, and the acquisition by purchase or taking of land, easements, and other long-term interests in real estate, and such projects are referred to in this § 40-405 as "Capital Projects."
C.
The Plan shall include one-year, five-year, and thirty-year components,
as hereinafter described. The Plan's one-year component shall
include recommended appropriations for the next fiscal year, which
shall consider the capital expenditure requests from each department
head made through the Town Administrator and the Superintendent of
Schools. The Plan shall also specify a program of capital expenditures
by fiscal year over a period of five years. The Plan for one year
and five years shall include recommendations for sources of funds
the Town can utilize to pay for Capital Projects. Beginning with the
second Long-Term Capital Improvement Plan, each Plan shall also include
the Committee's analyses and recommendations for the anticipated
major capital improvement needs over a thirty-year period following
the date of the Plan.
D.
The Committee shall coordinate with the Town Administrator to implement
the Plan in accordance with the Town's Comprehensive Financial
Policies and other governing plans of the Town adopted by the Select
Board, as they may be amended from time to time. The Committee shall
create procedures to be used by the Town and the Committee to review
and prioritize Capital Project requests and ensure that full life-cycle
costs and potential funding sources are identified for each Capital
Project, including the establishment and updating of a comprehensive
inventory of capital assets, and including coordination with related
Town committees.
E.
The Long-Term Capital Improvement Plan shall be provided annually
to Town Meeting, including specific recommendations for appropriations
and funding sources for the following fiscal year. The Plan shall
be submitted to the Town Clerk in sufficient time for distribution
to Town Meeting Members at least 14 days prior to the commencement
of the Town Meeting session at which the capital budget is to be considered.
The Plan shall be available at the Town Clerk's office and posted
on the Town's website for distribution to the public. The Plan
shall also be included in the Town of Belmont Annual Report.
[Added 4-25-2011 ATM, approved 6-22-2011]
A.
There is hereby established, pursuant to MGL c. 44B (the Community
Preservation Act, hereafter in this section referred to as "the Act"),
a Community Preservation Committee (hereafter in this section referred
to as "the Committee") consisting of nine members.
[Amended 5-29-2013 STM, approved 10-8-2013]
(1)
The Committee shall consist of the following members:
(a)
One member of the Board of Park Commissioners as designated
by the Board;
(b)
One member of the Conservation Commission as designated by the
Commission;
(c)
One member of the Historic District Commission as designated
by the Commission;
(d)
One member of the Housing Authority as designated by the Authority;
(e)
One member of the Planning Board as designated by the Board;
(f)
One member of the Recreation Commission as designated by the
Select Board; and
(g)
Three at-large members as designated by the Select Board.
(3)
With respect to initial statutory members and the initial member from the Recreation Commission, members appointed pursuant to Subsection A(1)(a) and (b) shall be appointed for one-year terms, members appointed pursuant to Subsection A(1)(c) and (d) shall be appointed for two-year terms and members appointed pursuant to Subsection A(1)(e) and (f) shall be appointed for three-year terms or, in the case of each initial statutory member, if sooner occurring, until such member no longer serves on the appointing board, commission or authority or, in the case of the initial member from the Recreation Commission, if sooner occurring, until such member no longer serves on the Recreation Commission. After the initial appointments, all statutory members and the member from the Recreation Commission shall serve for terms of three years or, if sooner occurring, until the statutory members no longer serve on the appointing board, commission or authority or, in the case of the member from the Recreation Commission, until such member no longer serves on that Commission.
(4)
With respect to initial at-large members, one member shall be appointed
for a one-year term, one for a two-year term and one for a three-year
term. After the initial appointments, all at-large members shall be
appointed for three-year terms. At-large members shall include persons
who have expertise or demonstrated interest in open space, recreation,
historic preservation or affordable housing.
(5)
Mid-term vacancies in the office of at-large member, statutory member
or member from the Recreation Commission shall be filled by the board,
commission or authority that made the original appointment, and members
appointed to fill a vacancy shall serve for the remainder of the unexpired
term.
B.
The Committee shall study the needs, possibilities and resources
of the Town regarding community preservation. The Committee shall
consult with other Town boards, commissions, committees and authorities,
including, among others, the Conservation Commission, the Historic
District Commission, the Housing Authority, the Planning Board and
the Recreation Commission, and with the Belmont Housing Trust in conducting
such studies. As part of its studies the Committee shall hold one
or more public information hearings on the needs, possibilities and
resources of the Town regarding community preservation, notice of
which shall be posted publicly on the Town's web page at least two
weeks prior to the date of the hearing and published in each of two
weeks preceding the week in which the hearing is to be held in a newspaper
of general circulation in the Town. The Committee shall file an annual
report of its activities with the Town Clerk.
(1)
The Committee shall make recommendations to the Town Meeting for
the acquisition, creation and preservation of open space; for the
acquisition, rehabilitation, restoration and preservation of historic
resources; for the acquisition, creation and preservation of land
for recreational use; for the acquisition, creation, preservation
and support of community housing; and for the rehabilitation or restoration
of open space, land for recreational use and community housing that
is acquired or created as provided in the Act. With respect to community
housing, the Committee shall recommend, wherever possible, the reuse
of existing buildings or construction of new buildings on previously
developed sites.
(2)
The Committee may include in its recommendations to the Town Meeting
a recommendation to set aside for later spending funds for specific
purposes that are consistent with community preservation but for which
sufficient funds are not then available in the Community Preservation
Fund to accomplish that specific purpose or to set aside for later
spending funds for general purposes that are consistent with community
preservation.
C.
The Committee shall not meet or conduct business without the presence
of a quorum. A majority of the members of the Committee shall constitute
a quorum. The Committee shall approve its actions by majority vote
of the quorum. Recommendations to the Town Meeting shall include their
anticipated costs.
D.
The Select Board shall insert one or more articles in the warrant
for each Annual Town Meeting, and for any Special Town Meeting, upon
the written request of the Committee, to enable Town Meeting to make
appropriations or take other actions for community preservation purposes
recommended by the Committee for the current or next fiscal year.
E.
At all times this section shall be interpreted and implemented in
a manner consistent with the Act, as amended. In case any subsection,
paragraph or part of this section is for any reason declared invalid
or unconstitutional by any court of last resort, every other subsection,
paragraph or part shall continue in full force and effect.
[Amended 5-29-2013 STM, approved 10-8-2013]
A.
There shall be a Permanent Audit Committee of seven members consisting
of the Chair of the Select Board or a member of that Board designated
by its Chair, the Town Treasurer, the Town Accountant and four members
who shall be appointed by the Select Board.
B.
At periodic intervals as requested by the Select Board, but not less
often than triennially, the Committee shall assist the Select Board
in the selection of an auditor who, when selected, shall perform an
audit of the accounts of the Town. The Committee shall monitor the
accomplishment of the selected auditor and shall participate in the
review and discussion of the auditor's findings with the Select Board.
C.
The Committee shall annually report to the Select Board, which report
shall discuss the matters presented in the auditor's report and shall
recommend such changes or alterations in accounting practices and
procedures as the Committee sees fit. The auditor's report shall be
published in the Annual Town Report.
[Added 12-13-1999 STM, approved 3-9-2000]
A.
There shall be a Permanent Building Advisory Committee of seven members
who shall be residents of the Town, one of whom shall be appointed
by the Select Board and six of whom shall be appointed by the Town
Moderator. To the extent possible, the Town Moderator shall appoint
members who have experience in architecture, engineering, building
construction, law or finance.
B.
Notwithstanding other provisions of these bylaws, it shall be the
responsibility of the Committee to oversee all projects for the design,
construction, reconstruction, alteration or enlargement of any building
or other facilities owned by the Town, or undertaken on land owned,
leased or operated by the Town, with an expected construction value
of $50,000 or more, except as the Town Meeting may authorize the appointment
of a building or project committee with respect to a particular project.
The Committee may also review projects with an expected value of less
than $50,000.
C.
Any building or project committee authorized by Town Meeting shall
include one or more Committee members designated by the Committee.
Committee members serving on any such building or project committee
shall serve as full voting members for the duration of said building
or project committee. In the event that the Town Meeting does not
authorize the appointment of a building or project committee with
respect to a particular project, the Committee shall have the sole
authority to procure engineering and architectural services, to award
bids for construction and to administer contracts for construction
services in accordance with applicable law.
D.
Except as otherwise provided by vote of the Town Meeting, the Committee
shall assume the responsibility for any project in progress as of
December 13, 1999, except the Town Hall and Town Hall Annex projects
and the new Municipal Light Department project.
[Amended 5-29-2013 STM, approved 10-8-2013]
A.
There shall be a Warrant Committee of 17 members, consisting of the
Chair of the Select Board or a member of that Board designated by
its Chair, the Chair of the School Committee or a member of that Committee
designated by its Chair, and 15 other voters of the Town who shall
be appointed by the Moderator. A majority of the entire Committee
shall always be voters of the Town who hold no Town office. For purposes
of these bylaws, Town Meeting Members shall not be considered holders
of a Town office. The Committee shall serve without pay.
[Amended 4-27-2009 ATM, approved 10-1-2009]
B.
It shall be the duty of the Committee to consider for all Town Meetings
all articles in the warrant which involve an appropriation of money
and to report thereon at the Town Meeting. The Select Board shall,
immediately upon voting to include in the warrant any such article,
transmit a copy thereof to the Committee which shall thereupon take
the same under consideration. On the copies of the warrant provided
by the Select Board for the Town Meeting Members at each Town Meeting,
there shall appear a short statement of the report and recommendations
of the Committee. The Committee shall also consider and report upon
other warrant articles and other matters which, in the Committee's
judgment, affect the financial interests of the Town.
[Amended 4-25-1983 ATM, approved 8-2-1983]
C.
The Committee Chair or some member designated by the Chair shall
attend each Town Meeting and shall present or read to the Town Meeting
the vote of the Committee containing its recommendations with reference
to each article in question, including the number in favor or against
the same. Said report shall be presented or read as above before any
debate shall be in order on said article.
D.
The various Town officers and boards charged with expenditure of
Town money shall submit their recommendations for appropriations to
the Committee on a schedule established by the Committee. The Committee
may give one or more public hearings regarding every proposed appropriation
and shall give public notice of the time and place of such hearing
or hearings. The various Town officers and boards may be required
by the Committee to attend such hearing or hearings and give such
evidence and explanation as may be required of them concerning their
recommendations for appropriations.
E.
The Committee shall duly consider all matters before it and shall
report in writing its approval or disapproval of the articles in the
warrant within the scope of its investigation hereunder. The Select
Board shall include said report in the Annual Town Report.
F.
Nothing in this section shall be construed so as to prevent the Town
from appropriating money or taking any other action according to law,
without the matter first having been acted upon and recommendations
and report made thereon by the Committee.
[Amended 4-25-1983 ATM, approved 8-2-1983; 5-29-2013 STM, approved 10-8-2013]
