07/23/2007 SELECT BOARD Minutes - Laserfiche WebLink

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4 Board of Selectmen Minutes July 23, 2007 Mashpee Water District/Town Counsel: Town Counsel Patrick Costello was in attendance with Water District Counsel William Henchy for the purpose of discussing the.Town of Mashpee proposed Home Rule Charter Amendment. Correspondence was received from Bond Counsel Richard Manley, Jr. j with respect to the vote taken by the Town under Article 21 of the May 2007 Annual Town Meeting. Attorney Manley has recommended in his letter of July 18, 2007 the Town and Water District seek special legislation to align the elections of the Town-and the District, rather than undertaking the effort through a home rule charter amendment. The Board of Selectmen reviewed the Act proposed by the District to seek special legislation. The Act would authorize the Mashpee Water District to hold elections for Board of Water Commissioner concurrent with the elections for the Town of Mashpee and to preclude amendment of Chapter 136 of the Acts of 1987 by city or town charter. The Act as proposed was read aloud by Town Counsel Patrick Costello. As disclosed, Section 1. Section 9 of Chapter 136 of the Acts of 1987 is amended as follows: 1. All provisions relative to the date and place of the election of the Board of Water Commissioners are stricken, and in place thereof,the following is added: "Elections for the Board of Water Commissioners shall be held in conjunction with the Mashpee Town Election, and shall be at the same date and at the same place as the Mashpee Town Election. The current term of existing members of the Board of Water Commissioners shall be extended from the second Tuesday in April, 2008, until the date of the Mashpee Town Election in 2008. Thereafter,the term of each elected member of the Board of Water Commissioners shall be for a three year term running from the date of election until the date of the Mashpee Town Election on the third year following the election of such Commissioner". Section 2. Chapter 136 of the Acts of 1987 is amended by adding a new Section 20 to read as follows: 2. Section 20. Charter 136 of the Acts of 1987, as amended by any previous Special Act, shall not be subject to amendment or repeal by the Charter of any city or town in accordance with the provisions of Sections three and four of Article LXXXIX of the Constitution or pursuant to Section 19 or 20 of Chapter 43B of the General Laws, but may only be amended by an Act of the General Court.