Changes Pending, Proposed, and Approved

Changes Pending, Proposed, and Approved

Revised 8/12/02

Charter, Article 2, Section 2-3

Charter, Article 2, Section 2-4 (b)

Charter, Article 3, Section 3-1 (d)(4)

Warrant article approved for submission to Fall 2002 ATM.

To see if the Town will vote to approve an amendment to the Natick Home Rule Charter for submittal to the voters in order to update language in the Charter to conform to current practice that follows the election laws of the Commonwealth.

1. In Article 2, in Section 2-3:

1a. Replace the first paragraph with the following new paragraph:

The board of selectmen shall divide the town into convenient voting precincts in accordance with Sections 6, 7, and 8 of Chapter 54 of the General Laws.

1b. Add, at the end of the second paragraph, the following sentence:

Any such revision shall be carried out in accordance with the timeline described in said Section 6 of Chapter 54 of the General Laws.

1c. Delete the third paragraph.

2. In Article 2, in Section 2-4 (b), change the words “twenty-eight days” to read “thirty-five days.”

3. In Article 3, in Section 3-1 (d) (4), change the words “twenty-first day” to read “thirty-fifth day.”

Charter, Article 2, Section 2-5

Change approved by Town Meeting and voters.

Amend Article 2 of the Natick Home Rule Charter as follows:

1. In Section 2-5, delete the third sentence.

2. Add the following sentences at the end of Section 2-5:

In case of a tie vote affecting the determination of which candidates are elected or affecting a division into thirds, the town clerk shall conduct a lottery among those tied. Any such lottery shall be conducted at a time and place open to the public.

Charter, Article 2, Section 2-6 (c)

Change approved by Town Meeting and voters.

Amend Article 2 of the Natick Home Rule Charter as follows:

In Section 2-6 (c), rewrite the second sentence to read as follows:

Each list shall include names of such persons for elections in the present and previous two calendar years, provided, however, that elections in years prior to the last revision of precincts shall not be considered.

Charter, Article 3, Section 3-1 (d)

Warrant article approved for submission to Fall 2002 ATM.

To see if the Town will vote to modify its procedures for conducting preliminary elections so that (1) more candidates may run for an office without thereby requiring a preliminary election; (2) the expense of conducting low-turnout preliminary elections may be avoided; (3) the threshold to trigger a preliminary election for an office is raised to allow two more candidates than is currently the case; and, furthermore, to accomplish such change in procedures by approving an amendment to Article 3 of the Natick Home Rule Charter for submittal to the voters, said amendment to be as follows:

1. In Section 3-1 (d), reorder and renumber the subsections (5), (6), and (7) so that new subsection (5) is old subsection (7), new subsection (6) is old subsection (5), new subsection (7) is old subsection (6).

2. In the new subsection (5), replace the first sentence with the following:

After the certified nomination papers of the candidates have been filed with the town clerk, a threshold is calculated for each office to determine whether the preliminary election is necessary.

The threshold is the sum of two plus twice the number of persons to be elected. If the number of candidates for an office does not exceed the threshold, all candidates shall be nominated for the office and their names shall be printed on the ballot for that office at the succeeding regular or special election, as the case may be, and the town clerk shall not print their names on the ballot to be used at the preliminary election, and no other nomination to the office shall be made.

Charter, Article 3, Section 3-1 (h)

Warrant article approved for submission to Fall 2002 ATM.

To see if the Town will vote to allow recall of elected officials within six months after an election; and, furthermore, to accomplish such change in procedures by approving an amendment to Article 3 of the Natick Home Rule Charter for submittal to the voters, said amendment to be as follows:

In Section 3-1 (h) (7), rewrite the sentence to read as follows:

In the case of an officer subjected to a recall election and not recalled thereby, no repeat of the recall petition may be filed until at least six months after the election at which the recall was submitted to the voters.

Charter, Article 3, Sections 3-2 (a), 3-6 (b), 3-9 (b), 6-4 (b)

Warrant article approved for submission to Fall 2002 ATM.

To see if the Town will vote to approve an amendment to Article 3 of the Natick Home Rule Charter for submittal to the voters in order to (1) clarify the term of office of the Board of Selectmen by inserting the standard wording used in the Charter to replace the special language for the election of 1997; (2) remove the requirement for the constables to prosecute all violations of law respecting the observance of the Lord's Day; (3) specify resignation as an additional reason for the trustees of the Morse Institute to fill a vacancy; and (4) remove a confusing statement that oversimplifies the process of paying bills.

1. In Section 3-2 (a), delete the second, third, and fourth sentences. Change the first sentence so that the end of the sentence reads as follows:

for terms of three years each, so arranged that the terms of as nearly an equal number of members as is possible shall expire each year.

2. In Section 3-6 (b), in the third sentence, delete the words "the observance of the Lord's day" and the comma.

3. In Section 3-9 (b), in the first sentence, change the word "death" to read "resignation or death."

4. In Section 6-4 (b), in the part pertaining to the Treasurer, in Item (1), delete the sentence that begins "No other person".

Charter, Article 3, Section 3-12

Warrant article approved for submission to Fall 2002 ATM.

To see if the Town will vote to approve an amendment to Article 3 of the Natick Home Rule Charter for submittal to the voters in order to (1) use the new name Recreation and Parks Commission in place of the former name Recreation and Human Services Commission; (2) clarify the role of the Recreation and Parks Commission in the areas of recreational programs and facilities; and (3) change the composition of the commission back to the composition in effect prior to the adoption of Amendment 2 on March 25, 1991, or otherwise change the composition.

1. Rewrite Section 3-12 in its entirety so that it shall read as follows:

Section 3-12 Recreation and Parks Commission

(a) Composition, Term of Office - There shall be a recreation and parks commission consisting of five members, elected for terms of three years each, so arranged that as nearly an equal number of terms as is possible shall expire each year.

(b) Powers and Duties - The recreation and parks commission shall advise the town administrator and the responsible department heads on all matters relating to recreational programs conducted by the recreation and parks department and on the maintenance of recreational facilities where those programs are conducted. The commission shall assure that programs are devised and conducted to meet the leisure-time needs of all segments of the population. Whenever the position of superintendent of the recreation and parks department shall become vacant, the commission shall serve as a screening committee for the filling of such vacancy and shall submit two or more names to the town administrator from whom the appointment shall be made.

2. In Section 3-1 (a), in the first sentence, change the words "a recreation and human services commission" to read "and a recreation and parks commission".

Charter, Article 3, Section 3-12 (Related to)

Warrant article approved for submission to Fall 2002 ATM.

To see if the Town will vote to amend the Town of Natick By-Laws in order to specify the transitional provisions to be followed when the composition of a Town board, committee, or commission or the method of selection of members is changed by the voters, or otherwise act thereon.

Charter, Article 4, Sections 4-1, 4-2 (3)

Charter, Article 7, Section 7-12

Warrant article approved for submission to Fall 2002 ATM.

To see if the Town will vote to approve an amendment to the Natick Home Rule Charter for submittal to the voters in order to remove language in the Charter explicitly intended to be replaced by by-laws where these by-laws have already been adopted. These sections include the following areas: (1) provisions governing the screening committee for selection of a new town administrator and describing the qualifications of the new town administrator (By-Laws, Art. 20, Sec. 3, 4); (2) appointments made by the town administrator (By-Laws, Art. 20, Sec. 1); (3) conflict between Town agencies and assignment of counsel (By-Laws, Art. 44).

1. In Article 4, in Section 4-1, delete paragraph (b) in its entirety; move the first two sentences from paragraph (c) to the end of paragraph (a); delete the remainder of paragraph (c); delete the last sentence of paragraph (e); redesignate paragraphs (d) and (e) as paragraphs (b) and (c), respectively.

2. In Article 4, in Section 4-1, paragraph (a), the second sentence, change the words "of the town" to read "in accordance with procedures and qualifications established by by-law."

3. In Section 4-1, change the section title and add subsection titles for the paragraphs as follows:

Section 4-1 Appointment, Review, Other Activities

(a) Appointment, Term of Office -

(b) Review of Performance -

4. In Article 4, in Section 4-2 (3), delete the second sentence beginning "Until such time"; move the last sentence beginning "Copies of" and insert after the first sentence; consolidate all remaining sentences into one paragraph.

5. In Article 4, in Section 4-2 (3), in the first sentence, change the words "charter or by law" to read "charter or by-laws."

6. In Article 7, delete Section 7-12 in its entirety.

Charter, Article 4, Section 4-3 (c)

Warrant article approved for submission to Fall 2002 ATM.

To see if the Town will vote to allow the Town to hire permanent employees, not just temporary employees, when an acting town administrator is in charge; and, furthermore, to accomplish such change in procedures by approving an amendment to Article 4 of the Natick Home Rule Charter for submittal to the voters, said amendment to be as follows:

In Section 4-3 (c), strike all words after the phrase "shall include authority to make" and add the following:

appointments or designations to town office or employment, except that, for positions reporting directly to the town administrator, only an acting appointment or designation may be made.

Charter, Article 5, Section 5-2

Warrant article approved for submission to Fall 2002 ATM.

To see if the Town will vote to approve an amendment to Article 5 of the Natick Home Rule Charter for submittal to the voters in order to support the actual school committee budget process that takes place over a period of several weeks and meetings.

1. In Section 5-2 (a), change the words “budget as adopted by the school committee” to read “budget as proposed by the superintendent of schools.”

2. Change Section 5-2 (b) in its entirety so that it reads as follows:

(b) Public Hearing - In the notice of any meeting at which the school committee expects to receive testimony regarding its proposed budget for the next fiscal year, the school committee shall include in the notice information about the locations of (1) the complete proposed budget available for public examination and (2) copies of a general summary of the proposed budget available for public distribution. The general summary shall specifically indicate any major variations from the current budget and the reasons for such changes. At all such meetings, in accordance with the provisions of Section 7-9 (b), all interested persons shall be given an opportunity to be heard for or against the whole or any part of the proposed budget.

Charter, Article 5, Sections 5-3, 5-6, 5-7

Charter, Article 4, Section 4-2 (8)

Warrant article approved for submission to Fall 2002 ATM.

To see if the Town will vote to approve amendments to Articles 4 and 5 of the Natick Home Rule Charter for submittal to the voters in order to support the budget process currently in effect.

1. In Section 5-3, replace the second, third, and fourth sentences with the following sentences:

He shall, simultaneously, post a notice about the locations of (1) the complete proposed budget, with accompanying budget message and supporting documents, available for public examination and (2) copies of a general summary of the proposed budget available for public distribution. The general summary shall specifically indicate any major variations from the current budget and the reasons for such changes.

2. In Section 5-6, replace subsections (a) and (b) with a new subsection (a) that reads as follows:

(a) Review - The finance committee shall forthwith, upon receipt of the proposed budget, schedule a series of public meetings to review the proposed budget. The finance committee shall consider the detailed expenditures proposed by each town agency and may confer with representatives of any town agency in connection with its review and consideration. The finance committee may require the town administrator, or any other town agency, to furnish it with such additional information as it may deem necessary to assist it in its review of the proposed budget.

3. In Section 5-6, replace subsection (c) with a new subsection redesignated as subsection (b) that reads as follows:

(b) Presentation to the Representative Town Meeting - The finance committee shall file a report containing its recommendations for actions on the proposed budget within a time fixed by by-law. The proposed budget presented to town meeting for action shall be the budget recommended by the finance committee.

4. In Section 5-7, in the section title, in the first sentence, and in the second sentence, change the words “capital improvement program” to read “capital plan.”

5. In Section 5-7, in the first sentence, change the words “at least thirty days prior to the date fixed by by-law for the submission of the proposed operating budget” to read “on dates fixed by by-law.”

6. In Section 4-2 (8), change the words “capital outlay program” to read “capital plan.”

Charter, Article 7, Section 7-6 (b)

Change approved by Town Meeting and voters.

Amend Article 7 of the Natick Home Rule Charter as follows:

Change Section 7-6 (b) by adding to the last sentence the phrase “or as otherwise provided by town meeting vote” so that the new last sentence reads as follows:

A report, with recommendations, shall be submitted to the town meeting not more than ten months following the date such committee is appointed or as otherwise provided by town meeting vote.

By-Laws, Article 1, Section 1

Change approved by Spring 2002 ATM.

To see if the Town will vote to amend Article 1 of the Town of Natick By-Laws in order to set the date of the Fall Annual Town Meeting later in October so that the Finance Committee will have the entire month of September for reviewing the warrant and determining its recommendations.

In the last sentence of Section 1, change the word “first” to “third” so that the changed sentence reads:

The fall session of the representative town meeting, known as the Fall Annual Town Meeting, shall be called for 7:30 P.M. on the third Tuesday in October of each year.

By-Laws, Article 1, Section 4

Warrant article approved for submission to Fall 2002 ATM.

To see if the Town will vote to amend Article 1 of the Town of Natick By-Laws in order to update language in the By-Laws to conform with current practice for publication of warrants.

1. In Section 4, before the first sentence, add two sentences to read as follows:

The warrant for the town election or preliminary election shall be posted at least seven days before the date of the election. The warrant for any other Town Meeting shall be posted in accordance with Section 2-11 (d) of the Charter.

2. In Section 4, delete the last two sentences.

By-Laws, Article 10, Section 2

Change approved.

Change Article 10, Section 2, the associated table entitled “Appointments Made by the Board of Selectmen” by replacing the current list in its entirety with the following new list:

Additional

Name Citation⁺ References⁺⁺

Town Officials / Committees

Bacon Free Library Maintenance Committee

Board of Appeals (C) s. 3-2(c) (B) Art. 29

Cable Advisory Board

Chief of Police C.S. laws & rules

Comptroller (C) s. 3-2(c) (C) s. 6-3(a)

Conservation Commission (C) s. 3-2(c) (B) Art. 30

Contributory Retirement Board

Council on Aging (B) Art. 25

Director of Veterans Services (C) s. 3-2(c)

Elderly and Disabled Taxation Fund Committee

Emergency Management Director

Asst. Emergency Management Director

Emergency Operations Planning Committee

Fire Chief C.S. laws &rules

Historic District Commission (B) Art. 26

Historical Commission

Information Systems Advisory Board (B) Art. 27

Labor Relations Consultant

Lock-Up Keeper

Natick Cultural Council

Parking Clerk

Recreation & Parks Commission (C) s. 3-12(a)

(four appointed members)

Recycling Study and Advisory Committee

Registrars of Voters (C) s. 3-2(c) (B) Art. 28

Town Administrator (C) s. 3-2(c) (C) s. 4-1; (B) Art. 20

Town Counsel (C) s. 3-2(c) (B) Art. 22, s. 3

Town Forest Committee

Veterans Burial Officer

Representatives to Regional Boards

Joint Regional Transportation Committee

Keefe Tech Vocational School (A) s. 1

MBTA Advisory Board

Metropolitan Area Planning Council

MetroWest Growth Management Committee

(one appointed member)

Middlesex County Advisory Board

MWRA Advisory Board

South Middlesex Opportunity Council

By-Laws, Article 10, Section 2 (Related to)

Warrant article approved for submission to Fall 2002 ATM.

To see if the Town will vote to take action to change the "Agreement Between the Towns of Ashland, Framingham, Holliston, Hopkinton, and Natick, Massachusetts, dated December 5, 1966, as amended" so that Natick's two members of the South Middlesex Regional Vocational Technical School District Committee shall be appointed by vote of Natick's School Committee, not by vote of Natick's Board of Selectmen, or to take any other action relative thereto.

By-Laws, Article 10, Section 2

Warrant article approved for submission to Fall 2002 ATM.

To see if the Town will vote to amend Article 10 of the Town of Natick By-Laws in order to update the list of appointments made by the Board of Selectmen, such amendment to be as follows:

1. Change Article 10, Section 2, the associated table entitled “Appointments Made by the Board of Selectmen” by deleting the following row in the table:

Keefe Tech Vocational School (A) s. 1

2. Delete from the key in the table footnote the entry for (A).

By-Laws, Article 11, Sections 9, new 8, new 12

Warrant article approved for submission to Fall 2002 ATM.

To see if the Town will vote to amend Article 11 of the Town of Natick By-Laws in order to (1) change the method of announcing appointments to fill Town Meeting vacancies; (2) address the issue of elective officers who move out of town; and (3) describe a political calendar that can be obtained at the office of the Town Clerk.

1. In Section 9, change the phrase "shall issue a news release to the media" to "shall post a notice on the Town bulletin board".

2. Renumber Sections 8, 9, and 10 as Sections 9, 10, and 11, respectively.

3. Add a new Section 8 to read as follows:

Section 8 Notice of Removal of Residence of Elected Town Officer

An elected Town officer who removes from the Town and no longer maintains a residence in the Town or who becomes a registered voter elsewhere shall resign in accordance with Section 109 of Chapter 41 of the General Laws. If the Town Clerk receives a notice in writing that an elected Town officer, but not including a Town Meeting member, has removed from the Town or has registered elsewhere, the Town Clerk shall notify the elected Town officer in writing of the eligibility requirement for elective Town office as specified in Section 3-1 (b) of the Charter and of the resignation requirement as specified in said Section 109.

4. Add a new Section 12, to read as follows:

Section 12 Political Calendar

The Town Clerk shall prepare a political calendar for the year showing all elections and Town Meeting dates, including all associated filing dates. The Town Clerk shall make the calendar available by December 1 of the preceding year and shall prepare a revised version whenever new dates are established or any information changes. Copies of the calendar shall be available at the office of the Town Clerk upon request.

By-Laws, Article 12

By-Laws, Article 45

Warrant article approved for submission to Fall 2002 ATM.

To see if the Town will vote to move Article 12 in the Elected Officials section of the Town of Natick By-Laws to a new Article 45 in the Administrative Regulations section of the By-Laws, remove sections pertaining to the Town Collector that repeat provisions stated in the Charter, update descriptions of procedures to conform with current practice, eliminate the requirement to publish the names of some delinquent taxpayers in the newspaper, add section titles, and make minor changes in wording.

1. Redesignate Article 12 as Article 45 with the new title "Financial Administration".

2. Delete Sections 1 and 2. Renumber Sections 3 and 4 as Sections 1 and 2, respectively.

3. Rewrite the new Section 1 to read as follows:

At least once a month, every department of the Town shall deliver to the Town Comptroller a separate statement of each account due the Town arising through any transaction with such department. At least once a week, every department shall remit to the Town Treasurer all money received during the preceding week, or lesser period, on such accounts. At least once a week, every department shall deliver to the Town Collector a separate statement of such accounts that are yet to be collected. This section shall not apply to taxes and special assessments.

4. Rewrite the new Section 2 to read as follows:

Any account which the Town Collector is unable to collect by ordinary efforts shall be referred by the Town Collector to the Town Counsel for collection, and the Town Comptroller shall be notified. So far as permitted by law, any account or portion thereof may be abated by the department in which such account originated. The Town Collector and the Town Comptroller shall be notified in writing of the abatement of any such account or portion thereof.

5. Place the first sentence of Section 5 into new Section 3. Place the second sentence into new Section 4.

6. Rewrite the new Section 3 to read as follows:

At least once a week, the Town Collector shall remit to the Town Treasurer all money received during the preceding week, or lesser period, on every account, including any sums received as interest on moneys received on accounts and deposited in any bank.

7. Rewrite the new Section 4 to read as follows:

The Town Treasurer/Collector and Assistant Treasurer/Collector shall each give bond to the Town for the faithful performance of their duties in a form approved by the Department of Revenue and in such sum, not less than the amount that may be established by said department, as shall be fixed by the Board of Selectmen and that the effective date thereof, after approval by the Attorney General, be determined by the Board of Selectmen.

8. Renumber Sections 6 and 7 as Sections 5 and 6, respectively.

9. In new Section 5, change the phrase "Chapter 59, Section 57" to "Section 57 of Chapter 59".

10. Rewrite new Section 6 in its entirety to read as follows:

The Town Collector shall maintain an updated list of any person, corporation, or business enterprise that has neglected or refused to pay any local taxes, fees, assessments, betterments, or other municipal charges. The list shall be annotated with any information about a payment plan in effect and the response or lack of response to actions regarding payment.

11. Add section titles for the new sections as follows:

Section 1 Accounts Due the Town, Procedures

Section 2 Procedures for Uncollectable Accounts

Section 3 Transfer of Funds Collected

Section 4 Bond

Section 5 Payment of Bills, Interest

Section 6 List of Delinquent Accounts

By-Laws, Article 20, Section 1

Warrant article approved for submission to Fall 2002 ATM.

To see if the Town will vote to amend Article 20 of the Town of Natick By-Laws in order to update the list of appointments made by the Town Administrator and to clarify the nature of this list.

1. Replace Section 1 with the following:

Section 1 Appointments

The provisions of Section 4-2 (3) of the Charter establish the general rule that the Town Administrator appoints all Town officers and employees unless another method of selection is specified elsewhere by the Charter or by law. In addition to all appointments made by the Town Administrator in accordance with said Section 4-2 (3), the appointments listed in the table entitled “Appointments Made by the Town Administrator Specifically Designated by the Town,” which is incorporated into this section by reference, shall be made by the Town Administrator. The appointments listed are (1) appointments designated in the General Laws that indicate another appointing authority, but which the Town has changed; (2) appointments called for by specific provisions in the Charter or elsewhere in the By-Laws; and (3) appointments required by other Town Meeting vote.

2. Replace the table referenced in Section 1 with the following:

APPOINTMENTS MADE BY THE TOWN ADMINISTRATOR

SPECIFICALLY DESIGNATED BY THE TOWN

______________________________________________________________________________

Additional

Name Citation+ References++

______________________________________________________________________________

Town Officials / Committees

Director of Public Works (G) c. 41, s. 69E

Director of Recreation and Human Services (C) s. 3-12(b)

Dog Officer (G) c. 140, s. 151

Personnel Board (B) Art. 24, s. 1

Planning Director (B) Art. 21, s. 3

Sealer of Weights and Measures (G) c. 41, s. 85

Town Report Committee

Town Treasurer/Collector (C) s. 6-4(a)

Tree Warden (G) c. 41, s. 106

______________________________________________________________________________

+ The citation indicates the section in the Charter or By-Laws where the Town Administrator is designated as the appointing authority. If no citation is given, this by-law should be cited.

++ The additional references provide more information about the position.

Key: (B) - By-Laws; (C) - Charter; (G) - General Laws; Art. - Article; c. - Chapter; s. - Section.

By-Laws, Article 20, Section 2

Warrant article approved for submission to Fall 2002 ATM.

To see if the Town will vote to amend Article 20 of the Town of Natick By-Laws in order to set dates for submission of the capital plan consistent with current practice.

1. In Section 2, change the title to read as follows:

Section 2 Dates of Submission of Fiscal Documents

2. In Section 2, add a new second paragraph to read as follows:

As required by Section 5-7 of the Charter, the Town Administrator shall submit updates of the capital plan on or before the first business day in March and September.

By-Laws, Article 20, Section 3

Change approved.

Add to Article 20 a new section as follows:

Section 3 Qualifications for New Town Administrator

A candidate for Town Administrator shall have a master’s degree from an accredited college or university plus five years of experience or a bachelor’s degree plus ten years of experience. All relevant experience shall demonstrate the skills needed to perform the duties of Town Administrator, as those duties are described in Section 4-2 of the Charter. Preferably, a candidate shall have served as chief administrative officer of a city or town for five years.

By-Laws, Article 20, Section 4

Change approved.

Add to Article 20 a new section as follows:

Section 4 Procedure for Appointment of Town Administrator

Within one year of the time when it is known that the position of Town Administrator shall become vacant, the Board of Selectmen may initiate the selection process. Whenever the position of Town Administrator becomes vacant or within six months of the time when it is known that the position of Town Administrator shall become vacant, the Board of Selectmen shall initiate the selection process if the Board of Selectmen has not already done so. The Board of Selectmen shall initiate the selection process by giving notice of its intention to establish a screening committee to review applicants for the position of Town Administrator and shall send a copy of the notice to each town agency or office responsible for designating persons to serve on the committee. The Board of Selectmen shall appoint the screening committee not earlier than twenty-one days nor later than twenty-eight days after such notice.

The screening committee shall consist of nine members. The Planning Board, the School Committee, the Finance Committee, the Personnel Board, and the Town Moderator may each designate one person to serve on the screening committee. Persons chosen by the said agencies may, but need not, be members of the agency by which they are chosen, and, in the case of the Town Moderator, the person may, but need not, be a member of Town Meeting. The Board of Selectmen shall appoint to the screening committee all such persons designated, provided that their names have been received in writing by the day before the screening committee is to be appointed. The Board of Selectmen shall appoint any other members to the screening committee so that the total membership is nine.

Not more than thirty days following the appointment of the screening committee, the persons chosen shall meet to organize and to plan a process for the solicitation by advertisement and by other means to receive applications for the position of Town Administrator. The screening committee shall review all applications received and provide for interviews to be conducted with such number of candidates for the position as it may decide.

Not more than one hundred and eighty days following the date the screening committee meets to organize, the screening committee shall submit to the Board of Selectmen the names of not less than two nor more than five candidates whom it believes to be best suited to perform the duties of Town Administrator. If the screening committee determines that there are not at least two candidates qualified to perform the duties of Town Administrator, as those duties are described in Section 4-2 of the Charter, the screening committee shall report to the Board of Selectmen that it is unable to complete its assigned task. In that event, the Board of Selectmen shall direct the screening committee to reopen the search process and the foregoing procedure shall apply.

Within thirty days following the date the list of nominees is submitted to it, the Board of Selectmen shall choose one of the said nominees to be appointed to the office of Town Administrator. If the Board of Selectmen decides not to appoint one of the nominees, it shall direct the screening committee to reopen the search process, and the foregoing procedure shall apply.

Upon the appointment of the Town Administrator, the screening committee established hereunder shall be considered discharged.

By-Laws, Article 20, Section 5

Warrant article approved for submission to Fall 2002 ATM.

To see if the Town will vote to amend the Town of Natick By-Laws in order to define a requirement for a description of the Town administration organization to be published in the Annual Town Report.

In Article 20, add a new Section 5, to read as follows:

Section 5 Town Administration Organization Chart

The Town Administrator shall include a top-level organization chart in the Annual Town Report.

By-Laws, Article 21, Section 1

Warrant article approved for submission to Fall 2002 ATM.

To see if the Town will vote to amend the Town of Natick By-Laws in order to reconcile use of the term Planning Director in the By-Laws with the position of Community Development Director in the Town administration, or otherwise act thereon.

By-Laws, Article 22, Sections 4, 5, 6, 7, 8

Warrant article approved for submission to Fall 2002 ATM.

To see if the Town will vote to amend Article 22 of the Town of Natick By-Laws in order (1) to correct out-of-date information in the list of those authorized to receive assistance of Town Counsel, (2) to handle a vacancy in the event that the Board of Selectmen decide not to renew the term of Town Counsel, and (3) to employ consistent language with regard to the Town (Meeting) and the Board of Selectmen.

1. In Section 4, change the phrase:

In the event of a vacancy in the Office of Town Counsel, the Selectmen shall, from time to time, establish

so that it reads as follows:

Whenever the position of Town Counsel becomes vacant or when it is known that the position shall become vacant, the Selectmen shall establish

2. In Section 5:

2a. In Subsection (a), change the phrase "by the vote of the Town or majority of the Board of Selectmen" to read "by vote of the Town or vote of the Board of Selectmen."

2b. Rewrite Subsection (c) in its entirety to read as follows:

c. The following shall have the right to request of Town Counsel advice concerning their duties: members of the Board of Selectmen, Town Administrator, Town Clerk, Superintendent of Schools, Building Inspector, Director of Public Works, Recreation and Parks Commission, Director of Public Health, Town Moderator, Comptroller, Town Treasurer/Collector, Tree Warden, Superintendent of Recreation and Parks, Director of Human Services, Board of Assessors, Board of Appeals, Planning Board, School Committee, Finance Committee, Board of Health, Conservation Commission, Retirement Board, and Personnel Board.

2c. In Subsection (d), change the phrase "That all" to read "All."

2d. In Subsection (d), redesignate the second paragraph as new Subsection (e) and insert "e.".

2e. In new Subsection (e), change the phrase "under Section b and c of this Article" to read "under Subsections b and c of this section."

3. In Section 6, change the phrase "by vote of the Town Meeting, by the majority vote of the Selectmen" to read "by vote of the Town or vote of the Board of Selectmen."

4. In Section 7, change the phrase "By-Laws" to read "the Charter or By-Laws."

5. In Section 8, change the phrase "a vote of Town Meeting, or vote of the Selectmen" to read "vote of the Town, or vote of the Board of Selectmen."

By-Laws, Article 23, Sections 1, 4, 6

Warrant article approved for submission to Fall 2002 ATM.

To see if the Town will vote to amend Article 23 of the Town of Natick By-Laws in order to describe Finance Committee procedures consistent with current practice and to clarify the way in which members are separate from the executive branch of the Town government.

1. In Section 1, at the end of the first sentence, change the words:

other than Town Officers, appointed or elected.

so that the end of the first sentence now reads as follows:

other than Town officers, appointed or elected, or Town employees.

2. In Section 1, replace the third sentence that begins “Any member” with the following sentences:

Any member of said Committee who shall be appointed a Town officer or Town employee or who shall file for any elective Town office except that of Town Meeting Member shall forthwith cease to be a member of said Committee. Any member who shall remove from the Town shall forthwith cease to be a member of said Committee. However, a member of said Committee is allowed to serve on (1) any other Town committee for which the Finance Committee is designated as responsible for nominating or appointing one or more members or (2) any other Town committee established by vote of Town Meeting for the purpose of advising Town Meeting on future matters to come before Town Meeting.

3. In Section 1, after the first sentence, insert the following sentence:

However, persons designated as special municipal employees in accordance with Chapter 268A of the General Laws may be members of the Finance Committee.

4. In Section 4, at the end of the first sentence, add the following words:

and the motion to be made.

5. In Section 4, after the first sentence, insert the following sentences:

For all articles involving appropriations of operating budgets, supporting data, at the account level, comparing the recommended appropriations to appropriations or actual expenditures in previous fiscal years, shall be included in the report. If appropriations are modified later in the fiscal year, updated supporting data shall be provided in the report.

6. In Section 4, after the sentence that begins “The said recommendations,” insert the following sentence:

Notwithstanding the above provisions concerning the distribution of the report, the Committee may vote to change its recommendation and motion at any time after the report is published.

7. In Section 4, in the sentence that begins “The Committee Report,” change the words:

the approximate tax rate based on such recommendations.

so that the end of the sentence now reads as follows:

the approximate change in the amount to be raised from the tax levy as compared to the previous amount raised.

8. Change Section 6 in its entirety so that it reads as follows.

Section 6 Budget Requests, Supporting Data

All Town boards, officers, and committees making requests for the appropriation of funds shall provide to the Finance Committee supporting data, at the account level, comparing the requested appropriations to appropriations or actual expenditures in previous fiscal years. They shall also provide estimates of all probable items of income which may be received in the upcoming fiscal year along with comparable data from previous fiscal years. They shall provide explanatory statements highlighting the reasons for changes from previous years.

By-Laws, Article 24, Section 1

Warrant article approved for submission to Fall 2002 ATM.

To see if the Town will vote to amend Article 24 of the Town of Natick By-Laws in order to clarify the terms of members and restrictions on eligibility.

1. In Section 1.1, delete all words after "June 1" and add the following words:

, so arranged that the terms of as nearly an equal number of members as is possible shall expire each year.

2. In Section 1.3, delete all words after "elective position" and add the following words:

except that of Town Meeting member. However, a member of the Personnel Board is allowed to serve on (1) any other Town committee for which the Personnel Board is designated as responsible for nominating or appointing one or more members or (2) any other Town committee established as an advisory committee dealing with personnel-related matters.

3. In Section 1.4, delete all words after "forthwith" and add the following words:

to fill the unexpired term.

4. Delete Section 1.2 in its entirety; renumber Sections 1.3 and 1.4 as Sections 1.2 and 1.3, respectively.

By-Laws, Article 24, Sections 2 ff

Warrant article approved for submission to Fall 2002 ATM.

To see if the Town will vote to amend Article 24 of the Town of Natick By-Laws in order to conform the language of the personnel by-law with current practice and current state and federal law.

By-Laws, Article 30, Section 2

By-Laws, Article 79

Warrant article approved for submission to Fall 2002 ATM.

To see if the Town will vote to move Section 2 of Article 30 in the Appointed Officials section of the Town of Natick By-Laws to a new Article 79 in the Property Regulations section of the By-Laws, change section references, and make minor changes in wording.

Motion recommended under the warrant article.

Motion: Amend the Town of Natick By-Laws as follows:

1. Add a new by-law entitled:

ARTICLE 79

WETLANDS PROTECTION

2. Copy Sections 2.1 through 2.13 from Section 2 of Article 30 to new Article 79. Delete Section 2 of Article 30 in its entirety.

3. Throughout new Article 79:

3a. Change section titles of the form:

2.X - Section Title

so that they have the form:

Section X Section Title

3b. Change subsection titles of the form:

2.Y.Z - Subsection Title

so that they have the form:

Y.Z Subsection Title -

3c. In the text of new subsections 6.1 and 6.3, change references of the form:

Section 2.X

Section 2.Y.Z

So that they have the form:

Section X

Section Y.Z

3d. Everywhere throughout the text, where the phrase "Section 2" or "this Section 2" is used, but not phrases of the form "Section 2.X" or "Section 2.Y.Z", change it to read "this by-law."

4. In new Section 1 of Article 79, in the first sentence, delete all words after “Resource Area Values, which include, without limitation:” and insert the following words:

the protection of public and private water supply; the protection of groundwater supply; the prevention and control of flooding; the prevention of storm damage; the prevention and control of pollution; the protection of fisheries; the protection of water quality, agriculture and aquaculture; the protection of wildlife, wildlife habitat and Rare Species habitat, including rare plant species; and the protection and promotion of aesthetic values, recreation values, education values, and similar concerns.

5. In new Section 2 of Article 79, rewrite the definition of Protected Resource Area to read as follows:

Protected Resource Area. (1) any bank, beach, dune, flat, marsh, swamp, wet meadow; bog, or other freshwater wetland (as defined in M.G.L. Chapter 131, Section 40 and as determined by vegetational community, soil composition or hydrologic regime) that borders a water body, to include a creek, river, perennial stream, intermittent stream, pond, lake, or reservoir; (2) land under any of the water bodies listed above; (3) vernal pool; (4) Riverfront Area; (5) floodplain; or (6) land subject to flooding or inundation by groundwater, surface water, or storm flow.

6. In new Section 5.1 of Article 79, change “RDS” to “RDA”.

7. In new Section 9 of Article 79, delete the second to last sentence. In the last sentence, change “provision” to “provisions”.

8. Throughout new Article 79, change references to the General Laws in order to maintain a consistent terminology:

8a. In new Section 1, change “M.G.L. Chapter 131, Section 40” to “Section 40 of Chapter 131 of the General Laws”.

8b. In new Section 2, in the definition of Protected Resource Area, change “M.G.L. Chapter 131, Section 40” to “the Wetlands Protection Act”.

8c. In new Section 2, in the definition of Riverfront Area, change “310 CMR 10.00” to “the Wetlands Protection Regulations”.

8d. In new Section 9, change “G. L. Ch. 40 Sect 21D” to “Section 21D of Chapter 40 of the General Laws”.

8e. In new Section 10, change “G. L. Ch 249, Sect 4” to “Section 4 of Chapter 249 of the General Laws”.

By-Laws, Article 31

Warrant article approved for submission to Fall 2002 ATM.

To see if the Town will vote to delete Article 31 of the Town of Natick By-Laws which references a section of the Charter that has been repealed.

By-Laws, Article 40, Sections 1, 2

Change approved.

Change Article 40, Section 1 and Section 2 as follows:

1. In the first paragraph of Section 1, change the words “July 15th” to read “January 15” so that the paragraph reads:

All Town Officers, Boards, and Committees shall file an annual report of their doings with the Board of Selectmen on or before January 15 of each year, and the Board of Selectmen shall cause such reports to be included in the Annual Town Report.

2. In the only sentence of Section 2, change the words “September 25th” to read “March 25” so that the sentence reads:

The Selectmen shall have the printed Annual Town Report ready for distribution not later than March 25 of each year.

By-Laws, Article 40, Sections 4, 5

Warrant article approved for submission to Fall 2002 ATM.

To see if the Town will vote to amend Article 40 of the Town of Natick By-Laws in order to describe the process for accessing and publishing lists of valuations and abatements in a way more consistent with the General Laws and current practice.

1. In Section 4, reword the text in its entirety so that it now reads as follows:

In carrying out the provisions of Section 3-4 (b) of the Charter, the Assessors shall make available for public inspection their valuation lists for real estate for each year. The valuation lists shall be accessible in their office via computer; they shall be available online via the Town web site; and they shall be printed as documents for reference at the Morse Institute Library.

1. In Section 5, reword the text in its entirety so that it now reads as follows:

In carrying out the provisions of Section 3-4 (b) of the Charter, the Assessors shall make available for public inspection their lists of approved tax abatements as defined in Section 60 of Chapter 59 of the General Laws, including abatements for statutory exemptions as defined in Section 5 of said Chapter 59. The Assessors shall publish in the Annual Town Report for the just completed fiscal year the total amount of tax abatements, with subtotals by type, and the total amount of possible tax abatements for cases pending before the appellate tax board.

By-Laws, Article 41, Sections 1, 5, 11, 12

Warrant article approved for submission to Fall 2002 ATM.

To see if the Town will vote to amend Article 41 of the Town of Natick By-Laws in order (1) to remove the reference to the Central Equipment Purchasing Committee; (2) to recognize the role of the Town Administrator in disposal of property as described in the Charter; (3) to remove references to "written" ballots; and (4) to modify the list of regulations.

1. In Section 1, in the first paragraph, in the second sentence, after the word "except", delete all words to the end of the sentence and add the phrase "for the purchase of equipment and services for the School Department."

2. In Section 5, after the phrase "certify in writing", delete all words to the end of the section and add the following:

to the Town Administrator who may refer the matter of disposal to the Board of Selectmen. The Board of Selectmen may, in turn, refer the matter to Town Meeting or shall vote to direct the Town Administrator to abandon, to trade, or to sell such property at a private or public sale.

3. In Section 11, in the first paragraph, in the second sentence, delete the words "or written".

4. In Section 12, in the associated table, add a new item to the list as follows:

School Committee Policy Manual School Committee Superintendent of Schools

By-Laws, Article 41, Section 13

Warrant article approved for submission to Fall 2002 ATM.

To see if the Town will vote to amend the Town of Natick By-Laws in order to list items to be included on the Town web site so that there will be some uniformity in the types of information provided by all Town agencies.

Add a new Section 13 to Article 41 to read as follows:

Section 13 Posting on Town Web Site

Any notice or other document that is required to be posted on the Town bulletin board, at specified locations in the Town, or in a newspaper of general circulation in the Town in accordance with any provision of the General Laws, the Charter, or the By-Laws shall also be made available on the official Town web site. Documents referenced in Section 12, official minutes of meetings, requests for proposals, lists of fees for permits and licenses, and forms used by the general public to do business with the Town shall be accessible on the Town web site. The Town Administrator shall establish procedures that readily permit those responsible for posting notices or publishing documents to accomplish posting on the Town web site.

By-Laws, Article 42

By-Laws, Article 53

By-Laws, Article 74

Warrant article approved for submission to Fall 2002 ATM.

To see if the Town will vote to amend the Town of Natick By-Laws in order to move Sections 1 and 2 of Article 74 pertaining to licenses to Article 42 and move Section 3 of Article 74 to the Police Regulations section of the By-Laws.

Motion recommended under the warrant article.

Motion: Amend the Town of Natick By-Laws as follows:

1. In Article 42:

1a. Renumber Sections 1 and 2 as Sections 3 and 4, respectively.

1b. Make new Section 1 by copying Section 1 of Article 74.

1c. Make new Section 2 by copying Section 2 of Article 74.

1d. In new Section 4, change the phrase "regulations of the Board of Selectmen" to "provisions of Article 52".

1e. Insert new section titles as follows:

Section 1 Dealers in Second-Hand Articles

Section 2 Flammable Materials in Buildings

Section 3 Fees for Storage of Fuels

Section 4 Transient Vendors

2. Add new Article 53:

2a. The title and section titles are as follows:

ARTICLE 53

JUNK DEALERS

Section 1 Maintaining Records

Section 2 List of Licenses

Section 3 Fines

Section 4 Copy of By-Law for Licensee

2b. Make Section 1 by merging the first and second paragraphs from Section 3 of Article 74.

2c. Make Section 2 by copying the third paragraph from Section 3 of Article 74.

2d. Make Section 3 by copying the fourth paragraph from Section 3 of Article 74.

2e. Make Section 4 by copying the fifth paragraph from Section 3 of Article 74.

3. Delete Article 74 in its entirety.

By-Laws, Article 43, Sections 1, 2, 4, 5

Warrant article approved for submission to Fall 2002 ATM.

To see if the Town will vote to amend Article 43 of the Town of Natick By-Laws in order (1) to require that the list of delinquent taxpayers be provided to licensing authorities at least quarterly, instead of annually; (2) to allow licensing authorities to request an updated list when they need it, instead of just waiting for it; (3) to require that licensing authorities consult the list and refer delinquent taxpayers to the Town Collector to resolve non-payment issues; (4) to clarify issues associated with hearings; and (5) to clarify that references pertain to the General Laws.

1. In Section 1:

1a. Change the phrase "shall annually furnish" to "shall, at least quarterly, furnish".

1b. Delete all words in the section after the second occurrence of the phrase "other municipal charges" and then add the following words:

, as described in Section 6 of Article 45. The licensing authority may request an updated list from the tax collector at any time. If the list is annotated to show that such party has reached a payment agreement with the tax collector and is not in default on that agreement, then the licensing authority shall have no cause to take any action described in Section 2.

2. In Section 2:

2a. Change the phrase "given a hearing" to "given the opportunity to request a hearing before the Board of Selectmen".

2b. Change the phrase "fourteen day" to "fourteen days".

2c. Insert a new paragraph before the existing first paragraph to read as follows:

Before considering the issuance of a license or permit to any party whose name appears on said list furnished to the licensing authority from the tax collector, the licensing authority shall advise the party to contact the tax collector to reach a payment agreement.

3. In Section 4, after the word "sixty-eight", insert the phrase "of the General Laws".