10/19/2009 Annual Town Meeting - Laserfiche WebLink

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t LOUISON, COSTELLO, CONDON & PFAFF, LLP ; Ms.Joyce M.Mason Town Manager August 13, 2009 Page 5 and the potential for subjective or arbitrary enforcement by Town officers is minimal. Thus, provided that the proposed Bylaw is implemented and enforced in a manner consistent with 1a6 ; 1t existing provisions of Massachusetts General Laws (G.L. c.140, §147A et seq.), I believe that the proposed Bylaw regulating pit bulls would be legally enforceable. As a minor point, I did note several typographical errors within the text of the proposed pttfA, Bylaw which should be corrected with the assent of the petitioner, if adopted, and I further note that in the last sentence of Section 7(b) of the proposed Bylaw the general dog regulation Bylaw tl. of the Town was left blank; that Bylaw should be referenced as "Chapter 79" in the last sentence of the proposed Bylaw. Article 24 (Authorization to Acquire the so called "Dacey Properties") i This Warrant Article, which was also submitted by petition,purports to authorize the Selectmen to acquire by purchase or otherwise, for conservation and passive recreation purposes, several parcels of land known as the"Dacey Properties". The Article seeks to authorize the Town to borrow the sum of$5,619,300,or"any other sum" to purchase said land, with said 'w, borrowing to be "repaid with funds from the Land Bank Fund established by the Town under the provisions of Chapter 293 of the Acts of 1998". As noted relative to a prior rendition of this IL proposed Article, this Article seeks to authorize the Selectmen and/or Conservation Commission to acquire the subject property and seeks to authorize the borrowing of the sums necessary therefor. Notwithstanding any potential favorable action on this Article by the Town Meeting, the ultimate decision whether or not to acquire the subject property and/or to borrow and appropriate the necessary funds therefor shall remain with the Board of Selectmen and Conservation Commission. The ultimate decision to exercise the right to acquire discretionary ?, i capital assets, including real property, lies with the executive boards and officers of the Town '" statutorily empowered to take title to said property. It is further noteworthy that the acquisition of real property for the conservation/recreational purposes specified in G.L. c.40, §8C does not require Town Meeting authorization. A local Conservation Commission, upon approval of the +,M Board of Selectmen,may acquire properties under the express language of§8C,without prior authorization by Town Meeting. Obviously, any funding of a proposed acquisition would u. require Town Meeting appropriation or debt authorization, as is requested with respect to the subject parcels. As a preliminary matter,the Board of Selectmen and Conservation Commission should be consulted to determine whether they are in favor of acquiring the subject properties upon the terms and conditions set forth in the proposed Article. A recommendation to the Town Meeting of their positions in this regard should be provided for the benefit of the voters. Aoft! a, rF i ,w r'