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Date: | Adopted by a vote of the Board on July 29, 1991, Revised June 29, 1992 |
Location: | Town of Billerica, Massachusetts |
1.0) Reports to the Board
1.1) The Town Administrator shall submit to the Board of Selectmen pursuant to Sections 3-2 and 3-3 of the Billerica Home Rule Charter) the following written reports by the 15th calendar day of each month and those indicated as quarterly reports shall be provided in the months of January, April, July, and October:
1.1.A) The current status of Sewer Construction, by contract number, including a summary of expenditures; and quarterly a summary of accomplishments.
1.1.B) The current status of each department or agency, on a one page summary, relative to the current fiscal year budget identified by the cumulative overtime expenditures, the approved budget voted by town meeting and/or supplemented by the Reserve Fund, the difference between spent and budgeted, the current cumulative dollar projection, and the cumulative percent of spent versus budgeted.
1.1.C The current status relative to the current fiscal year budget of the Ambulance Department, the Water Department, the Sewer Department and the Cemetery Department in terms of the budgeted expenditures, expenditures to date, revenues to date and the Town Administrator's action plans to derive revenues to meet costs, including debt service.
1.1.D) The current status of the project to computerize the town hall departments.
1.1.E) The current status from the Town Accountant's office relative to the current fiscal year budget identified by the cumulative revenues, the projected annual revenues, the difference between collected and budgeted, the current cumulative dollar projection, and the cumulative percent of revenues versus budgeted for the following items:
1.1.F) The current status, by year, relative to the current fiscal year budget of each department or agency which is in jeopardy of incurring a deficit or which is in deficit or has incurred a past due bill, identified by the cumulative expenditures, the approved budget voted by town meeting and/or supplemented by the Reserve Fund, the difference between spent and budgeted, and the cumulative percent of spent versus budgeted.
1.1.G) The current status of collections for prior year property taxes, excise taxes and other revenues. This report should include a status of property takings, liens and other means to collect these prior year billings.
1.1.H) The current status of the Water Meter Replacement program including and analysis of plans to back bill accounts that have been underbilled and explanations of those accounts without new meters.
1.1.I) The current month end report of all expenditures for all detailed accounts from the Town Accountant's office.
1.1.J) The current status of the Short Term Borrowing account.
1.1.K) A quarterly summary of all contracts granted under Massachusetts General Laws, Chapter 30B, including those of the School Department and each contract for the Sewer Program construction and engineering portions.
1.1.L) A quarterly zoning compliance report and particularly including the Town Council's "27" cases and those initiated by the Board of Selectmen.
1.1.M) The current status summary of "Open Items" which shall be those directives from the Board of Selectmen that remain to be completed.
1.1.N) The quarterly status of the Old Town Hall, the Howe Administration Building and the old Central Fire Station.
1.1.O) The quarterly status of accomplishments relative to the annual goals and objectives established by the Board of Selectmen.
2.0) Contracts
2.1) The Town Administrator shall (pursuant to Section 3-2 and 3-3 of the Billerica Home Rule Charter) negotiate town labor contracts according to the following guidelines:
2.1.A) Formulate a standard contract for common items using a standard outline and nomenclature to the full extent possible; and then, designate unique bargained for clauses in an ancillary section designed to meet the unique needs of each bargaining unit.
2.1.B) Negotiate reforms for paid time not worked which are consistent for sickness, bereavement, buy-back, early retirement, educational incentives, longevity, and other such items.
2.1.C) Reclaim all management rights implied or expressed which manifest themselves as minimum manning clauses.
2.1.D) Negotiate all contracts with complete and specific wage tables including dollar amounts for each position and step.
2.1.E) Negotiate all contracts with full consideration to the efficiencies of reorganizing; examples could include creating a department of public safety (i.e. potentially for police, fire and ambulance services) and consolidating school and town services (e.g. snow plowing, trash collection, grass mowing, landscaping, etc.).
2.2) The Town Administrator shall form a committee comprised of representatives from appropriate town agencies and arrange for the negotiation of a solid waste disposal contract, effective for Fiscal 1993, which shall include consideration of a significant level of recycling.
3.0) Asset Management
3.1) The Town Administrator shall maintain an inventory of all town owned land.
3.2) The Town Administrator shall maintain a list of properties subject to tax taking by year, plate and parcel, and reason; such list shall be coordinated with a similar list of properties with overdue taxes; a report shall be filed quarterly to the Board of Selectmen.
4.0) Town Meeting Warrant Articles
4.1) The Town Administrator shall submit in writing, and in sufficient time for the Board of Selectmen to approve, any Town Administrator proposed Warrant Article (pursuant to Section 2-12 of the Billerica Home Rule Charter) which is intended for inclusion in any Town Meeting Warrant.
4.2) The Board of Selectmen shall order any Town Meeting Warrant (pursuant to Section 2-12 of the Billerica Home Rule Charter) according to the following order:
4.2.A) Warrant Article #1 will be the Proposed Budget (pursuant to Section 5-5 of the Billerica Home Rule Charter), or revisions to it, submitted by the Town Administrator and placed on the warrant by the Board of Selectmen.
4.2.B) Warrant Articles initiated by the Board of Selectmen or individual members.
4.2.C) Warrant Articles initiated by the Town Administrator and approved by the Board of Selectmen.
4.2.D) Warrant Articles initiated by the School Committee or individual members.
4.2.E) Warrant Articles initiated by the Planning Board or individual members.
4.2.F) Warrant Articles initiated by the Finance Committee.
4.2.G) Warrant Articles initiated by other boards, committees, commissions and agencies according to their order in the Proposed Budget (i.e. Article #1).
4.2.H) Warrant Articles initiated by other boards, committees, commissions and agencies not mentioned in the Proposed Budget (i.e. Article #1).
4.2.I) All other Warrant Articles initiated by petition that deal with changes to the General By-Law or Zoning By-Law, in that order, which are not included in the above.
4.2.J) All other Warrant Articles initiated by petition which are not included in the above.
4.3) The Town Administrator shall submit the Proposed Budget (pursuant to Section 5-5 of the Billerica Home Rule Charter) in the following form and submit it to the Board of Selectmen, in the specific level of detail below only, for inclusion as Article #1 in the Spring Town Meeting Warrant (or any other warrant intended to amend the Proposed Budget if necessary):
4.3.A) All budgeted overtime expenditures for each agency or department shall have separate line items within each department or agency designated as department account "130".
4.3.B) Budgeted expenditures for the plowing of snow and for the control off ice on the roadways and property of the town shall have one (1) separate line item.
4.3.C) Budgeted expenditures for Debt Principal, Debt Interest and for Short Term Borrowing shall have three (3) separate respective line items.
4.3.D) Budgeted expenditures for unclassified accounts, segregated by Public Education and Town Government (PE/TG) where applicable shall include:
4.3.E) Budgeted expenditures for Veterans Benefits shall have a separate line item designated as department account "500".
4.3.F) Budgeted expenditures for all other departments and agencies shall be further split by only by the four following categories and only for such budgeted amounts that are greater than zero:
4.3.F.1) All budgeted expenditures for "Personnel" salaries, except overtime, shall be designated as department account "100".
4.3.F.2) All budgeted expenditures for "Supplies and Expenses" shall be designated as department account "200".
4.3.F.3 All budgeted expenditures for "Contract Services" shall be designated as department account "300".
4.3.F.4 All budgeted expenditures for "Capital Expenditures" shall be designated as department account "400".
4.3.G) All budgeted expenditures designated as department account "100" shall indicate both the proposed dollar amounts and the related number of employees.
4.4) The Town Administrator shall endeavor to avoid proposing (pursuant to Section 3-2 of the Billerica Home Rule Charter) Warrant Articles for Deficits and Past Due Bills.
4.5) The Town Administrator shall be (pursuant to Section 3-2 of the Billerica Home Rule Charter) fully prepared to report and speak for all Warrant Articles related to the Town Administrator's responsibilities at the Town Meetings and provide such reports on such articles to the Board of Selectmen at least thirty (30) days before the Town Meeting session.
4.6) The Town Administrator shall (pursuant to Section 3-2 of the Billerica Home Rule Charter) maintain the entire Proposed Budget in a personal computer format and Article #1 on personal computer spreadsheets at all times.
4.7) The Town Administrator shall (pursuant to Section 3-2 and 5-3 of the Billerica Home Rule Charter), include a letter of commitment from the Cemetery Commission regarding the transfer of funds from the Perpetual Care account, in order to consider all available revenues in formulating the Proposed Budget (pursuant to Section 5-5 of the Billerica Home Rule Charter).
4.8) The Board of Selectmen shall file a written Report of Recommendations, coordinated by the Town Administrator, to the Town Meeting on all articles that are submitted by the Board, involve the duties of the Town Administrator or are related to the duties of, or impact, the Board; such report will incorporate the Town Counsel Review report (pursuant to Section 2-12 of the Billerica Home Rule Charter) as part of this report.
4.9) The Spring and Fall Town Meeting Warrants and the Board of Selectmen's written Report of Recommendations thereto shall be mailed, if deemed necessary by the Board of Selectmen, to each Town Meeting Representative at least fourteen (14) days before the town meeting is to convene (pursuant to Article I of the General By-Laws).
5.0) Committee Appointments
5.1) The Annual Subcommittee Appointments from the Chairman are effective from July 1, 1992 through June 30, 1993.
Board of Selectmen Subcommittee Appointee
5.1.1) Betterment Committee RMK
5.1.2) * Billerica Housing Partnership Committee DFD MVW
5.1.3) + Billerica Plan ALD THC
5.1.4) + Billerica Plan- Green-Up Day RMK
5.1.5) * Budget Advisory Committee DFD RMK
5.1.6) Building Department "27" Cases Committee DFD THC
5.1.7) Christmas Tree Lighting Committee THC RMK
5.1.8) * Community Teamwork Incorporated THC
5.1.9) * Contract Advisory Committee RMK
5.1.10) Cook Street Committee ALD
5.1.11) Cross Connection Committee ALD MVW
5.1.12) Earth Day Committee RMK
5.1.13) Growth Management Improvement Committee MVW
5.1.14) Guiterrez Driveway Signalization Committee DFD ALD RMK
5.1.15) Historic Building Committee RMK MVW
5.1.16) * Licensing Advisory Committee DFD
5.1.17) * Lowell Regional Transit Authority AM
5.1.18) * Middlesex County Advisory Board THC
5.1.19) + Middlesex County Land Use Committee THC
5.1.20) + Middlesex County Selectmen's Association ALD DFD
5.1.21) * Northern Middlesex Council of Governments ALD
5.1.22) Political Signage Study Committee RMK
5.1.23) Recreation Five Year Plan Committee DFD THC
5.1.24) Residents Petitions Committee ALD THC
5.1.25) * Selectmen's Ball Committee THC
5.1.26) * Senior Citizens Advisory Committee MVW
5.1.27) * Sewer & Water Advisory Committee DFD
5.1.28) Sign By-Law Committee DFD THC
5.1.29) * Recycling Committee ALD RMK
5.1.30) Solid Waste Committee ALD RMK
5.1.31) * Street Acceptance & Discontinuance Committee ALD
5.1.32) * Street, Traffic & Drainage Advisory Committee ALD THC
5.1.33) + Tri-Town Committee THC
5.1.34) * Warrant Advisory Committee RMK MVW
5.1.35) Wyman Road/Albion Road Closing Committee ALD THC
Appointee key is:
ALD = Arthur L. Doyle DFD = David F. Delorey, Jr.
RMK = Ralph M. Krau THC = Thomas H. Conway, Jr.
MVW = Mary V. Wiroll AM = Ann Mulcahy
Note: * = Standing Committees + = Special Committees
5.2) The Board of Selectmen shall appoint a Cable Television Advisory Committee of five members (pursuant to Article I of the Renewal Cable Television License Granted to Greater Boston Cable Corporation on March 23, 1987) for the duration of the ten (10) year renewal license and provide for the operation of an I-NET (pursuant to Article 3 of the Renewal Cable Television License Granted to Greater Boston Cable Corporation on March 23, 1987) by January 1, 1992.
6.0) Licensing
6.1) The Town Administrator shall provide the necessary resources of the Police, Fire and Building Departments and the Treasurer's office in order to properly conduct the annual license renewal processes and also provide continuing enforcement and monitoring of all licenses in force.
6.2) The Town Administrator shall arrange for the issuance all licenses from the Town Administrator's/Board of Selectmen's office; licenses shall be revoked immediately, unless otherwise negotiated by the Board, and retrieved forthwith from the licensee, in the event that the payment for the license fee is not paid by cash, a bona fide check or banking instrument.
7.0) Rate Setting
7.1) Rate schedules for Water, Sewer, Ambulance and Cemetery may be adjusted annually in order to keep costs and revenues in close alignment, that is, these Town services shall be as close to self sustaining as possible.
7.2) The Town Administrator shall, in cooperation with the Cemetery Commission, prepare a five year business plan for the orderly expansion and maintenance of the Cemetery Department. This plan shall be a separate section of the annual Five Year Capital Plan.
8.0) STANDING RULES
8.1) Scheduling of Meetings
8.1.A) Regular meetings of the board shall be held the first and third Monday of each month to convene promptly at 8:00 P.M. unless rescheduled by a vote of the board due to holidays or unforeseen circumstances, and except during the months of July and August when the board shall meet once in each month.
8.1.B) Special meetings may be called by the chairman, or in the Chairman's absence, the Vice Chairman or the Secretary, by a majority request of the board at any time. In either case, at least 48 hours notice shall be given to each member, except in emergencies. The agenda of special meetings may be limited by a majority vote of the board.
8.1.C) Emergency meetings may be called by the chairman, or in the Chairman's absence, the Vice Chairman or the Secretary, by a majority request of the board without notice for situations where immediate, undelaying action is deemed to be imperative.
8.1.D) Except in emergencies, written notice of all meetings shall be filed with the town clerk at least 48 hours before each meeting is to convene.
8.1.E) Any meeting may be postponed providing all available members of the board are polled by telephone or otherwise personally contacted and a majority indicates agreement.
8.2) Agenda Format of Meetings
8.2.A) The ORDERS OF THE DAY or agenda for all meetings shall be organized as follows:
8.2.A.1) The major agenda segments shall be as follows where possible:
8.2.A.2) In each of the preceding major segments, old business shall be scheduled before new business.
8.2.B) All agenda requests shall be place on the agenda in the proper segment, group, and in the order they are received via date stamp.
8.2.C) All requests received up to 1:00 P.M. of the third business day (usually a Thursday) preceding a meeting shall be included on the agenda at which time the agenda shall be closed. All requests shall be in writing, stating the purpose for the agenda item, parties to be present, and as much information as possible to permit board review in advance of the meeting. The agenda shall be posted and available to the public by 9:00 A.M. on the day of the meeting. Board members may submit late items to the agenda, but these items must be considered as new business for scheduling purposes, must be in writing and must state the purpose of being late.
8.2.D) During the meeting, all agenda items, except public hearings, shall be taken in the order of the agenda. Public hearings shall be held at the scheduled times or as soon thereafter as possible. In cases where parties fail to appear at the time when the agenda item is taken up, these items shall be deferred to the next meeting under new business or by a majority vote of the board, be taken up at another position on the agenda.
8.3) Procedures During Meetings
8.3.A) No person shall address a public meeting of the board without leave of the presiding officer at such meeting, and all persons in the audience shall, at the request of such presiding officer, be silent. If after warning from the presiding officer, said person persists in disorderly behavior, said officer may order the person to withdraw from the meeting, and, if the person does not withdraw, said officer may order a constable or other appropriate authority to remove and/or confine the person in some convenient place until the meeting is adjourned.
8.3.B) Petitioners will be limited to a ten minute presentation, unless permission to speak for a longer period is requested and granted by a majority vote of the board.
8.3.C) Visitors may be permitted to speak on any matter properly on the agenda before the board, but only after each member of the board who so desires, has spoken.
8.3.D) In cases where a member of the audience wishes to speak on a matter, the chair may request said party to rise to be recognized, state said party's name, place of residence and/or purpose for addressing the board. The board may exercise an option to limit debate from the audience and the chair may do so with majority consent of the board.
8.3.E) All proceedings during the meetings shall be governed by Robert's Rules of Order, except as indicated herein. Where conflict arises, these rules shall govern.
8.4) Time of Meetings
8.4.A) All meetings shall begin at 8:00 P.M. and to end no later than 11:30 P.M.. If Business remains to be transacted at the scheduled adjournment time, the board may either vote to continue the meeting for an additional one half hour or adjourn to another time to complete the business. The unfinished business shall appear on the agenda of the next meeting under old business.
8.4.B) Any member of the board expecting to be absent, or late, shall notify another member or the town administrator's office prior to the beginning of a meeting.
8.5) Amendments to the Rules - The rules may be amended by a majority vote of the members present, providing notice of the proposed amendment has been submitted in writing to each member of the board at a prior duly convened meeting of the board. An amendment shall be construed as any addition of a new rule or a deletion or modification of an existing rule.
8.6) Executive Sessions
8.6.A) All executive sessions shall be conducted according to Massachusetts General Laws, Chapter 39, Section 23A. A copy of this legislation and a commentary is attached for reference in Appendix A.
8.6.B) No executive session may be held unless and until an open meeting of the board, for which proper notice was given, has first convened. Notice in writing of a proposed executive session that will involve the discussion or consideration of an individual must be given to that individual at least 48 hours in advance of the meeting, unless such notice is so waived by the individual in writing.
8.7) Minutes - The minutes to be kept by the board shall report the names of all board members present, the presence of the town administrator, the subject acted upon, and shall record exactly the notes and other official action taken, but such minutes shall not include a lengthy record of discussions of such meetings. The minutes may also include other documents submitted during the proceedings by a majority vote of the board. Magnetic recordings of meetings taken by the board's staff shall be saved until the board approves of said minutes.
9.0) General
9.1) The Town Administrator shall be responsible for directing the Treasurer to solicit signatures from the Selectmen for only for expenditure warrants that are within budgeted levels, and particularly those related to Short Term Borrowing.
9.2) The Town Administrator shall be responsible for providing to the Board of Selectmen,the General Administrative and Secretarial requirements of the Board, and arrange for two fully trained resources in this regard. Training shall include general secretarial duties, computer training in word processing and spreadsheets, preparing meeting minutes, managing appointments, and other tasks identified by the Board; the Board will identify its primary and secondary resource in this regard.
9.3) The Town Administrator shall be responsible for compliance with all policies established by the Board of Selectmen and cause a record of official policies to kept in a publication in the Town Administrator's office which shall be available at all times to the Board and the public.
9.4) The Board of Selectmen will not make appointments to the position of constable to a resident of another community if that community will not appoint qualified Billerica residents.
Billerica Board of Selectmen
Policies & Procedures
Adopted by a vote of the Board on July 29, 1991
Revised June 29, 1992
Arthur L. Doyle- Chairman
David F. Delorey, Jr.- Vice Chairman
Ralph M. Krau- Secretary
Thomas H. Conway, Jr.
Mary V. Wiroll
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