- Ch 18-7 B. Animal Control amendment
- Created: 2016-05-11|Updated: 2016-05-11
Chapter 18-7 B. Impoundment of Animals, Duration of Impoundment, by deleting the phrase "state required ten-day holding period" and inserting the phrase "state required seven-day holding period." This is consistent with MGL Ch 140 sec. 136A -174E.Voted at ATM May 2, 2016, Art. 15MOTION PASSED UNANIMOUSLY AS DECLARED BY THE MODERATORPending Attorney General approval
- Creation of "Energy Sterling" MGL c.164 sec 36
- Created: 2014-12-24|Updated: 2014-12-24
Voted Nov 12, 2014 Special Town Meeting Art 1
Creation of a Sterling Municipal Light and Gas Department
Voted to authorize the creation and operation of a municipal gas plant as allowed by Massachusetts General Laws, Chapter 164, Sec. 36, [MGL Ch164:36] and place such municipal gas plant under the authority of the Sterling Municipal Light Department Board. Upon such authorization, the municipal gas plant shall be combined with the Sterling Municipal Light Department to form the Sterling Municipal Light & Gas Department, which shall do business as “Energy Sterling”.
Summary: The SMLD has been exploring the possibility of bringing natural gas to the Town of Sterling. The first formal step in this process is to be legally designated as the utility of record and franchise holder for gas distribution within the Town. This process involves having Town voters approve the above article at two (2) separate Special Town Meetings (STM) held at least two (2) months apart, but not more than thirteen months (13) apart. The first STM was held on December 16, 2013, and the article passed with an 87% vote in favor.
BALLOTS WERE CAST AND MOTION PASSED BY 2/3 VOTE: 100 YES 29 NO
- New Ch. 118 Civil Fingerprinting bylaw
- Created: 2016-05-11|Updated: 2016-10-19
ATM May 2, 2016 Art. 11Voted to enact a Civil Fingerprinting Bylaw, as authorized by Ch. 256 The Acts of 2010, MGL Ch6 sec. 172-B 1/2.Summary: This allows the Sterling Police Department to collect fingerprints from individuals applying for certain licenses and use the fingerprints collected to conduct background checks.MOTION PASSED BY MAJORITY VOTE AS DECLARED BY THE MODERATORFull Article 11:
ARTICLE 11. Civil Fingerprinting
To see if the Town will vote to enact a Civil Fingerprinting bylaw, as authorized by Chapter 256 of the Acts of 2010, and incorporated into the Massachusetts General Laws as Chapter 6, section 172 B1/2[MGL Ch6:172 B½]. Said bylaw shall enable the Sterling Police Department to conduct State and Federal Fingerprint Based Criminal History checks for individuals applying for, or in possession of certain occupational licenses, including but not limited to those engaged in the business of Hawing and Peddling, those applying for local solicitors and peddlers license, Manager of Alcohol Beverage License, Owner or Operator of Public Conveyance, Dealer of Second Hand Articles, Pawn Dealers, and Ice Cream Truck Vendors, to adopt appropriate policies and procedures to effectuate the purpose of this bylaw, or to take any other action relative thereto
Section 1: Purpose and Scope:
This bylaw authorizes the Police Department to conduct state and national fingerprint based criminal history checks for individuals applying for specific licenses in Town to enhance public safety, as authorized by Massachusetts General Laws Chapter 6, Section 172 B1/2. [MGL Ch6:172 B½] To carry out the criminal history checks authorized by this bylaw, the Police Department shall be authorized to use state and Federal Bureau of Investigation (“FBI”) records, provided, however, that such records shall not be disseminated to unauthorized entities and shall be maintained and disclosed in accordance with all applicable law.
The bylaw further authorizes the Board of Selectmen, in consultation with the Chief of Police, to promulgate policies and procedures to implement this bylaw, which may include, but shall not be limited to, establishment of submission deadlines, procedures for making recommendations to the licensing authority or making a licensing as a result of the criminal history check, procedures for assessing, correcting or amending any such record, criteria for fitness determinations, security of information obtained and penalties for failure to comply with this bylaw.
Section 2: Criminal History Check Authorization
The Police Department shall, as authorized by Massachusetts General Laws Chapter 6, Section172 B 1/2, [MGL Ch6: 172B ½] conduct State and Federal Fingerprint Based Criminal History checks for individuals and entities for the following licenses. Any applicant for a license to engage in any of the following occupational activities within the Town shall submit a full set of fingerprints taken by the Sterling Police Department within ten (10) days of the date of the application for a license for the purpose of conducting a state and national criminal record background check to determine the suitability of the applicant for the following licenses:
Manager of Alcoholic Beverage License
Hawker and Peddler
Door to Door Soliciting
Owner or Operator of Public conveyance
Dealer of Second-Hand Articles
Ice Cream Truck Vendor
At the time of fingerprinting, the Police Department shall notify the individual being fingerprinted that the fingerprints will be used to check the individual’s criminal history records and obtain the individual’s consent. After the applicant completes a consent form, provides his/her fingerprints and the appropriate fee, the Police Department shall transmit the fingerprints it has obtained pursuant to this bylaw to the Identification Section of the Massachusetts State Police, the Massachusetts Department of Criminal Justice Information Services (“DCJIS”), and/or the FBI or the successors of such agencies as may be necessary for the purpose of conducting fingerprint-based state and national criminal records background checks for the license applicants specified in this bylaw.
The Town authorizes the Massachusetts State Police, the DCIS and the FBI and their successors, as may be applicable to conduct fingerprint-based state and national criminal record background checks, including of FBI records, consistent with this bylaw. The Town authorizes the Police Department to receive and utilize State and FBI records in connection with such background checks, consistent with this bylaw and its implementing regulations. In accordance with its implementing regulations, the Police Department shall communicate the results of fingerprint-based criminal record background checks to the appropriate governmental licensing authority within the Town.
Section 3: Use of Criminal Record by Licensing Authorities
Licensing authorities of the Town shall utilize the results of fingerprint-based criminal record background checks for the sole purpose of determining the suitability of the subjects of the checks in connection with the license applications specified in this bylaw. A Town licensing authority may deny an application for a license on the basis of the results of a fingerprint-based criminal record background check if it determines that the results of the check render the subject unsuitable for the proposed licensed activity. The licensing authority shall consider all applicable laws, regulations and Town Policies bearing on an applicant’s suitability in making this determination.
Licensing authorities of the Town are hereby authorized to deny an application for any license specified herein and in the implementing regulations, including renewals and transfers of said licenses, from any person who is determined unfit for the license due to information obtained pursuant to this bylaw. Factors that shall be considered in making a determination of fitness shall include, but not be limited to, whether the record subject has been convicted of, or is under pending indictment for a crime, that bears upon the subject’s ability or fitness to serve in that capacity, including any felony or a misdemeanor that involved force or threat of force, possession of a controlled substance, or sex-related offense.
Section 4: Compliance with Law, Regulation, and Town Policy
Implementation of this bylaw and the conducting of fingerprint-based criminal record background checks by the Town shall be in accordance with all applicable laws, regulations, and Town Policies, including, but not limited to, the Town’s policy applicable to licensing-related criminal record background check which shall include record retention and confidentiality requirements. The Town shall not disseminate the results of fingerprint-based criminal background checks except as may be provided by law, regulation, and Town policy. The Town shall not disseminate criminal record information received from the FBI to unauthorized persons or entities.
Section 5: Fees
The fee charged by the Police Department for the purpose of conducting fingerprint-based criminal record background checks shall be on hundred dollars ($100) for each fingerprinting and criminal history check. A portion of the fee, as specified in Massachusetts General Laws Chapter 6, Section 172 B ½,[MGL Ch6:17B ½] shall be deposited into the Firearms Fingerprint Identity Verification Trust Fund, and the remainder of the fee may be retained by the Town for costs associated with the administration of the fingerprinting system.
Section 6: Effective Date
This Bylaw shall take effect after compliance with Massachusetts General Laws Chapter 40, Section 32 [MGL Ch40:32] have been met.
MOTION MADE that the Town vote to enact a Civil Fingerprinting Bylaw, as authorized by Chapter 256 of the Acts of 2010, and incorporated into the Massachusetts General Laws as Chapter 6, section 172 B 1/2,[MGL Ch6:17 B ½] to enable the Sterling Police Department to conduct State and Federal Fingerprint Based Criminal History checks for individuals applying for, or in possession of certain occupational licenses, including but not limited to those engaged in the business of Hawking and Peddling, those applying for local solicitors and peddlers license, Manager of Alcohol Beverage License, Owner or Operator of Public Conveyance, Dealer of Second Hand Articles, Pawn Dealers, and Ice Cream Truck Vendors, and to adopt appropriate policies and procedures to effectuate the purpose of this by-law. The text of this bylaw shall read as printed in the warrant. [see text above]
MOTION PASSED BY MAJORITY VOTE AS DECLARED BY THE MODERATOR
- Wekepeke Special Act by State Legislature
- Created: 2014-12-24
Pending the State Legislature enacting a law
Voted May 13, 2013 Annual Town Meeting Art 51
Voted to authorize the Select Board to petition the Massachusetts State Legislature to enact a law designating all the waters of the Wekepeke reservoirs and aquifer, owned by the Town of Clinton, both above and below ground, to be available for the preservation and protection of its natural resources and for sustainable municipal usage, (such as for drinking water supply, fighting fires, local businesses and farms) and to prohibit any and all commercial bottling in any form of said water.
MOTION PASSED BY MAJORITY VOTE AS DECLARED BY MODERATOR
Part I: General Bylaws
Part II: Personnel Bylaw
Part III: Protective Bylaws
Part IV: Planning Board Regulations
Part V: Board of Health Regulations