ARTICLE 4
Board of Selectmen
4.1 The Board of Selectmen shall consist of three members elected by ballot at the annual town election for a term of three years. One member shall be elected in each year.
4.2 The Selectmen shall have the general direction and management of the property and affairs of the Town in all matters not otherwise provided for by law or by these By-Laws.
4.3 The Selectmen may appear, either personally or by the Town Counsel or by Special Counsel duly employed by them, before any court, committee of the Legislature or any State or County board or commission or other tribunal to protect the interests of the Town.
4.4 All conveyances of land or interests in land which may hereafter be authorized by vote of the Town or otherwise, except land held under tax titles, shall be signed by a majority of the Board of Selectmen, unless otherwise provided by law or these By-Laws or by special vote of the Town, and the same shall be sealed with the Town Seal.
4.5 The Selectmen shall specify the date when the Warrant for any town meeting shall close, and shall set the date for any special town meeting or special town election.
4.6 The Selectmen shall annually cause to have printed an annual report of the Town. Reports of all boards, commissions, committees or officers which are to be published in the Annual Town Report shall be delivered to the Selectmen as soon after the first day of January as possible, but not later than January 30th unless the Selectmen shall fix another date therefor.
4.7 It shall be the duty of the Selectmen to formulate and issue such rules and regulations for the Police Department and the Fire Department as they may deem necessary.
4.8 The Selectmen shall have the following appointment powers:
4.8.1 The Selectmen shall annually, and whenever a vacancy shall exist, choose some competent lawyer to act as Town Counsel. He shall be paid such compensation as the Selectmen may determine and they may remove him at pleasure. The Town Counsel shall provide such legal services concerning the affairs of the Town as may be required of him by any town officer, board, committee or commission.
Section 4.8.1 amended at April 26, 2004, Annual Town Meeting. Approved by Attorney General Thomas F. Reilly on August 19, 2004.
4.8.2 The Selectmen shall appoint the Police Chief and such captains, lieutenants, sergeants, and police officers as the work of the Police Department may require.
The Selectmen shall appoint such number of special officers as they may deem necessary who shall be subject to the authority of the Police Chief.
Subject to the approval of the Selectmen, the Police Chief may appoint special police for part-time and intermittent work to aid in the enforcement of Chapter 90 of the General Laws and all Town By-Laws and traffic rules and orders relating to the operation, parking, standing and use of vehicles, for the protection of school children going to and from schools. Such special police shall be known as "Belmont School Traffic Supervisors" and shall wear the prescribed uniform when on duty and display a police badge with an appropriate designation thereon. They shall have all the power of constables, except the power of serving and executing civil process, and shall be subject to all the rules and regulations of the Belmont Police Department not inconsistent with their authority and duties, but shall not be classified
under civil service as provided by Chapter 31 of the General Laws.
4.8.3 The Selectmen shall appoint a permanent Fire Chief who shall be in charge of the Fire Department.
4.8.4 The Board of Selectmen may appoint a Town Administrator for a term of one or three years and may remove the Town Administrator so appointed at their discretion. The Town Administrator shall be sworn to the faithful performance of his or her duties. During the time that he or she holds office the Town Administrator shall hold no elective town office but may be appointed by the Selectmen or, with their approval, by any other town officer, board, committee or commission to any other town office or position consistent with the office. The Town Administrator shall receive such aggregate compensation, not exceeding the amount appropriated therefor, as the Selectmen may determine. The Town Administrator shall act by and for the Selectmen in any matter which they may assign to him or her relating to the administration
of the affairs of the Town or of any town office or department under their supervision and control and, with the approval of the Selectmen, may perform such other duties as may be requested of him or her by any other town officer, board, committee or commission.
Section 4.8.4 inserted at June 7,1993, Annual Town Meeting. Approved by Attorney General Scott Harshbarger on August 20, 1993.
4.8.5 The Selectmen may appoint and prescribe the duties of a Director of Public Works who shall be especially fitted by education, training, and experience to perform the duties of said office. Such Director shall not be subject to the provisions of Chapter 31 of the General Laws. The term of office of the Director shall be determined by the Selectmen and said Director shall serve at the pleasure of the Selectmen.
Article 4.8.5 inserted at April 28, 2003, Annual Town Meeting. Approved by Attorney General Tom Reilly on October 16, 2003.
4.8.6 The Selectmen shall appoint such other officers and the members of such other boards, committees, commissions or other bodies of the Town as may be required by law, these By-Laws or vote of the Town. They may establish and appoint or provide for the appointment of the members of any board, committee or commission for which other provision is not made and which, in their judgment, is required to assist them or the Town on any matters subject to the Selectmen's jurisdiction.
4.9 Except as otherwise provided by law or these By-Laws, the Selectmen shall have the power to issue all licenses and permits required by law or these By-Laws and to establish reasonable fees therefor. The Selectmen may from time to time adopt rules, regulations and restrictions relative to the business of persons licensed by them under the General Laws or these By-Laws and to the supervision thereof, including the imposition of lawful penalties for violations of such rules, regulations and restrictions. The rules, regulations and restrictions adopted by the Selectmen shall be provided in writing to all applicants for such licenses.
Section 4.9 amended at April 28, 1986, Annual Town Meeting . Approved by Attorney General Francis X. Bellotti on July 23, 1986.
4.9.1 The Selectmen shall make such rules, orders, and regulations for the licensing and operation of hackney carriages, taxicabs and vehicles for hire operated within the Town of Belmont and relative to the licensing of the operators thereof, including the imposition of penalties for violations therefor, as the Selectmen deem necessary and advisable from time to time. Such rules, orders and regulations shall be printed in a form made available to applicants for such licenses. Notice thereof and of changes therein shall be duly published in a newspaper, all as prescribed by Chapter 40, Section 22, of the General Laws.
4.9.2 The Selectmen may license suitable persons to set up and use job and express wagons for the transportation for hire of goods, wares, furniture or rubbish within the Town. No person shall engage in the business of transporting for hire goods, wares, furniture or rubbish, without obtaining a license or licenses therefor.
4.9.3 The Selectmen may from time to time grant licenses to suitable persons to be hawkers of fruit and vegetables within the Town.
4.9.4 The Selectmen may license suitable persons as junk collectors to collect, by purchase or otherwise, junk, old metals and second-hand articles from place to place in the Town and no person shall engage in the business of collecting such without a license.
4.9.5 The Selectmen may license suitable persons to be dealers in and keepers of shops for the purchase, sale and barter of junk, old metal and second-hand articles and no person shall be a dealer in or keeper of such a shop without such a license.
4.9.6 No place of business for the retail sale of food, goods or services shall be open for the transaction of business between the hours of 11 p.m. and 6 a.m. without a license from the Board of Selectmen. This section shall not apply to a professional office (e.g. a physician, dentist or attorney-at-law) or to an undertaking establishment.
4.9.6.1 Any license granted pursuant to Section 4.9.6 shall expire on June 30 of each year and may be revoked or suspended at any time by the Board of Selectmen for any violation of any rules, orders, or regulations adopted hereunder by the Board of Selectmen.
4.9.6.2 Any person violating any provision of Section 4.9.6 or any rule, order, or regulation adopted under Section 4.9.6.1 shall be punished by a fine of not more than two hundred dollars for each offense.
4.10 Upon the certification of any department head that such department has within its control tangible personal property of the Town which has become obsolete or is no longer of practical value to the Town, the Selectmen shall authorize the sale thereof. The terms of the sale shall be fixed by the Selectmen provided that where the fair value of such property exceeds the sum of five hundred dollars, it will only be sold to the highest responsible bidder after competitive bids have been invited by published notice.
4.11 The Board of Selectmen shall act as the Town's Board of Park Commissioners.
4.12 The Board of Selectmen shall act as the Town's Municipal Light Board.
4.13 The Board of Selectmen shall act as the Board of Survey pursuant to Chapter 141 of the Acts of 1903.
4.14 The Selectmen shall, pursuant to Chapter 98, Section 34, of the General Laws, appoint a sealer, and may appoint one or more deputies to act under the direction of the sealer. Notwithstanding the provisions of Section 56 of Chapter 98, of the General Laws, the fees of the sealer of weights and measures for sealing the following weighing or measuring devices shall be:
1. Each scale with a weighing capacity of more than ten thousand pounds, one hundred fifty dollars;
2. Each scale with a weighing capacity of five thousand to ten thousand pounds, one hundred dollars;
3. Each scale with a weighing capacity of one thousand to five thousand pounds, fifty dollars;
4. Each scale with a weighing capacity of one hundred to one thousand pounds, fifty dollars;
5. Scales and balances with a weighing capacity of more than ten pounds and less than one hundred pounds, fifteen dollars;
6. Scales and balances with a weighing capacity of ten pounds or less, fifteen dollars;
7. Each liquid capacity measure, except vehicle tanks, of the capacity of more than one gallon and measures on pumps, fifteen dollars;
8. Each liquid measuring meter, except water meters, the diameter of the inlet pipe of which is one half inch or less, twenty dollars, more than one half inch but not more than one inch, twenty dollars; for each such type of liquid measuring meter, the diameter of the inlet pipe of which is more than one-inch, the following shall apply, vehicle-tank pump fifty dollars, vehicle-tank gravity fifty dollars, bulk storage one hundred dollars, bulk storage user furnishes certified prover one hundred dollars;
9. Each taximeter or measuring device used upon vehicles to determine the cost of transportation twenty dollars;
10. Each machine or other mechanical device used for determining linear or area measurement, forty dollars;
11. Vehicle tanks used in the sale of commodities by liquid measure shall be charged for each hundred gallons or fraction thereof, twenty dollars. An additional fee of twenty dollars per sealed indicator shall be received; and
12. All weights and other measures, two dollars each.
Reasonable compensation shall also be collected for the use of special facilities, necessary repairs, alterations and adjustments made by the sealer or deputies.
Section 4.14 inserted at November 17, 2003, Special Town Meeting. Approved by Attorney General Tom Reilly on January 20, 2004.
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