TR-91-19 OPP 0_-D
TP.-91- '� � L L U _&.k
_16RESOLUTION TO AME DMUNCIL RULES
WHEREAS , the Council Rules do not reflect Amendment I of the Agawam
Town Charter, dated November 5 , 1985 , reducing the size of the Town
Council to 11 members!
WHEREAS , the Council Rules do not reflect Amendment II of the Agawam
Town Charter, dated November 8 , 1988 , changing Article III of the charter
from Town Manager to Mayor;
WHEREAS , the Council Rules are unclear as to the number of votes
needed to pass certain measures, the enactment of those measures , and
Mass . General Law governing Zoning Ordinances ; and,
WHEREAS, the Council Rules do not allow the Council .members enough
'business ' time to research the agenda items from receipt of the agenda to
the vote on those items .
NOW THEREFORE, the Agawam Town Council resolves to amend the Council
Rules as follows :
1 . Rule #2 : The following shall be added as the first sentence of
Rule #2-"The start time of all regular council meetings is set by
Town Ordinance in accordance with section 2-7 (c) of the Agawam
p Town Charter , "
2 . Rule #11 , sentence 4 shall now read "The Council Clerk shall
compile an agenda of all such proposed orders and ordinances and
other new business and an agenda of the old business remaining
before the council and shall see that a copy of the completed
agenda is delivered to the place of residence of each member of
' the Town Council not later than 5:00 p.m. Thursday preceding such
regular meeting of the Town Council. "
3 . Rule #12 will be amended by adding the following:
"In accordance with MGL c40A s5 , no proposed zoning
ordinance which has been unfavorably acted upon by the Town
Council shall be considered by the Town Council within two
years after the date of such unfavorable action unless the
adoption of such proposed ordinance is recommended in the
final report of the Planning Board. "
Amended to delete I(XXU(XDAH*I XXIX6" 1xghxXmxx)vaXxmxmmiSm Xum
entire paragraph (XOAUMxx)fxm4fx)mtm)uutx xx)x wxwx-x6umX (X� y4Xxw4
on 4/16/91 0(( l (X9(�E7(Xri(&# ]tdLX7L�( X�X �4t {�[�4X �€X�i X94
4 . Rule #16 , first paragraph, will be changed as follows :
Strike sentence #2 and insert: "Town Ordinances require a
majority of those present and voting for passage. A
two-third majority vote of the Town Council is required for
approval of zoning ordinances. (8 votes) "
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5. Rule #16E, "Effective Date" will be stricken, and the following
be added: "Except as otherwise provided by the charter and MGL,
every adopted measure (excluding zoning ordinances) shall become
effective at the expiration of thirty days after adoption or at
any later date specified therein. Measures not subject to
referendum shall become effective upon adoption. No ordinance
shall be amended or repealed except by another ordinance adopted
in accordance with the charter or as provided in the initiative
and referendum procedures.
In accordance with MGL c40A s5, effective date of the
adoption or amendment of any zoning ordinance shall be the date
on which said adoption or amendment was voted upon by the Town
Council . "
6. The title of Rule #16 shall now read "Enactment of Ordinance and
Measures."
7. Based on Legal Opinion, Rule #39 shall be amended as follows:
Strike out and re-add the following:
' Creation of New Position
Reorganization Requires majority vote of those
present and voting.
Confirmation of Appointments Requires majority vote of those
present and voting.
Add the following:
Citizen's Petition Requires majority vote of those
ipresent and voting.
Resolutions Requires majority vote of those
present and voting.
Orders Requires majority vote of those
present and voting.
Town Ordinances Requires majority vote of those
present and voting.
Zone Changes_ Requires 2/3 majority vote of the
full council MGL c40A s5, (8 votes)
Zoning Ordinances Requires 2/3 majority vote of the
full council MGL c40A -s5, (8 votes)- -
The above number of votes are the required votes under the Agawam
Town Charter, unless otherwise provided by Mass. General Law.
Also, the measures that require a majority vote of those present
and voting cannot be voted on if there is not a quorum present.
When the Council is in doubt as to the number of votes required
to pass a measure or if the measure contains a tax or a fee to be
assessed to the townspeople , the Council shall obtain a written
legal opinion from the town solicitor which states the number of
votes required to pass the measure .
8 . Rule #41 , entitled "Charter Objection" will be added as follows:
A Charter Objection can be made on the first occasion that the
question on adoption of measure is put to the Town Council.
A. If a single member objects , the vote shall be postponed
until the next regular or special meeting of the Town
Council .
B. If two or more other members join the member in his
objection, the postponement shall be until the next
regular meeting.
C. For an emergency measure, at least four members in all
must object .
This procedure shall not be used more than once for any matter
bearing a single docket number notwithstanding any amendment to
the original matter. The charter objection must be made
immediately preceding the roll call .
9. Rule #42 , entitled "Budget Review" will be added as follows :
Four budget subcommittees as listed below will be named by the
Council president to review the annual operating budget.
Committee Name Review Items # Members.
School Budget School Budget 5 Council Members
Committee
operating Budget Town Council 3 Council Members
Committee #1 Mayor
Town Accountant
Town Clerk
' Town Treasurer
Town Collector
Town Assessor
Law
Elections &
Registrations
Administration
Building
Community Development
Council on Aging
' Board of Appeals
Data Processing
Line Items
Operating Budget Fire 3 Council Members
Committee #2 Police
Weights & Measures
Building Inspector
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.l�.' .:.� .. � m T f:• 0.• k., „i �"ar ' "s sra s2 ti.'.' . t ' s.. . x,.-,pt, -
. Forestry
Civil Defense
Dog Law
Veal tit
opnrating Budget Adminiotration 1 C'ounri i Mfitnbt-r-r:
s'rysssmi r t #3 Highway & Ground
Maintenan(,e
Engineering
Motor Vehic-le
Ufa intcnance
SAnitatian
W.J,It'c CralleCtinrc
Parks & Recreation
I. ibrary
Buildi nq
M3 Lntk?I1arlr-le
Tin-- 'School VwJt-;r_t C'ommi ttoo ^sh ill issue, a repcirt to thl . ftil 1
z-oi )oil wJ thin 0 d,ays (-.)f the c:njup' et. ion of thF' buri"Jot hear-try .
grill ctopic--5 of tht, proposed sch(:)ol budget -bp saubnlit"h -).d r<r .111
k c)unoi.l membors . After submioi:inn of the A intial. nppr-iring 1Mittlo,o?►
by Ilia *Sayer L(.) tilts council ,, a wnr,k—shop shill be r c,ndiir,t oii in
()r(Ir•t- to roview the ocil,00l departraF-nt. budgr t with t hg:r ooiittr•i .' -111(i
:;r`honl c1ppartment. staff in aL tend an�p .
10. Fvory paragr�'iph that makes mciltior, of the [ttlmbet• c:)f VrA PS
i oq� j i red to pass a measure shall be changod to rp r i r:or t k1 -
�,Z ,;.trio. 0E Amendment I of the charter, which red+aocd rho tllambt� r
tir rouncl fors from 15 to 1.1.
11 . !=vs.ry pa r i.graph that make-, men L i oti of thR Town Manager �,111 hp
c hAngod to reflect the pauwage of 1mendnrprr t 11 of t.hw i:Ftar ,t or ,
w i ioh r`hinrjpc1 Article TIT of the charter from Town N.1an, gi—r• to
Ma►or,
DATED THIS TWENTY-F'IFTn day of APRIL 1991.
PER ORDER OF THE AGAWAM TOWN COUNCIL
war resident
tAP Q ED AS FORM D LEGALITY
omas S. oc , o citor r'
MAYORAL ACTION
Received this r.T1°.MTFFNTR day of _ Al2RTT. 1991
from Town Council Clerk.
APPROVAL OF LEGISLATIOM
By the powers vested in me pursuant to Article 3, Section 3-
6 of the Agawam Charter. as amended, I hereby approve the
passage of Lthe above legislation on this TWENTY-FIFTH day
of , 1991.
1
C stop a C. J Lnson, Mayor
OVAL OF LE I LATIOH
By the powers vested in me pursuant to Article 3, Section 3-
6 of the Agawam Charter, as amended, I hereby veto the
passage of the above legislation on this
day of 1991 for the following reason(s) :
Christopher C. Johnson, Mayor
RETURN OF LEGIaLATION TO COUNCIL CLERK
' Returned to Council Clerk this TWENTY-SIXTH day
of APRIL 1991.
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