DIGHTON WATER DISTRICT SPECIAL MEETING

                                           NOVEMBER 18, 1999         

 

  A Special Meeting of the Dighton Water District was held in the cafeteria at the Dighton Middle School on Thursday, November 18, 1999 at 7:30 P.M.  The Warrant for the meeting was posted on October 29, 1999 at the Town Offices and the Post Offices in Dighton.

 

  District Clerk, Carol Stevens, called the meeting to order at 7:30 P.M. and went as follows:

 

ARTICLE I – On a motion made and seconded, Gene Nelson was nominated Moderator for the evening. It was voted unanimously and Gene Nelson proceeded with the meeting.

 

ARTICLE II- On a motion made and seconded the District voted unanimously to accept the reports of the Officers as written in the Annual Report.

 

ARTICLE III-A motion was made and seconded to see if the District would vote to

            amend ARTICLE II (MEETINGS) of The Dighton Water District by-laws

            which was amended at a Special Meeting January 9, 1975, Section 3

            to read-

 

SECTION 3.  As of November 18, 1999, the Board of Water Commissioners shall

            Meet at The Dighton Water District office on the second Tuesday of

            the month.  In the event of a Tuesday holiday or if it becomes

            necessary to change the date and time of the meeting, the meeting

            shall take place on a date and time chosen by The Board of Water

            Commissioners.

           

            Joseph White a former Commissioner and Ernest Silva, Co-Chairman of

            the Finance Committee questioned the legal counsel’s review of the

            Warrant and it’s contents.

 

            Joseph White made a motion to amend Section 3 of ARTICLE II of the

            By-laws as voted September 1991, to read the Commissioners shall

            Meet not less than two times each month.  The meetings shall take

            Place on a date and time chosen by the Board of Water

            Commissioners.  The motion to amend was seconded, a vote was taken

            to amend and carried unanimously.

 

            William McKeon mentioned that there could be further discussion on

            The amendment as carried.  William McKeon made a motion to amend

            Section 3 of ARTICLE II of the by-laws to read, As of November

            18,1999 the Board of Water Commissioners shall meet at the Dighton

            Water District office on the second Tuesday of the month and such

            other times, as they deem necessary.  In the event of a Tuesday

            holiday or if it becomes necessary to change the date and time of

            the meeting, the meeting shall take place on a date and time chosen

            by the Board of Water Commissioners. The motion to amend was

            seconded, a vote was taken and the motion to amend passed

            unanimously.

                          

ARTICLE IV- A motion was made and seconded to see if the District would vote to

            amend ARTICLE V (FINANCE AND ADVISORY) of the Dighton Water

            District by-laws which was adopted at an Annual Meeting held on

            February 28, 1967, Sections 1-3 to

            read-

 

SECTION 1.  At the Annual Meeting and before the final adjournment thereof,

            there shall be appointed by the Moderator, a Finance

            Committee consisting of five (5) members to serve until the final

            adjournment of the next Annual Meeting.  Vacancies shall be filled

            by the remaining members of the Committee. None of who shall be an

            officer, member of the District Commissioners, or anyone that has

            served as a past Finance Committee Member for a term of three

            years. Said Members shall be Voters of the Dighton Water District.

            No member shall serve more than three (3) consecutive years. 

                 

SECTION 2.  The Finance Committee shall at its first meeting elect a Chairman

            and a Clerk.  The Finance Committee shall notify the Chairman of

            The Board of Commissioners in writing, within seven days of their

            appointment which member will serve as the Chairman and which

            member will serve as the clerk.  All Finance Committee meetings

            shall be posted at the Dighton Water District and in two or more

            Public places within the District in accordance with the

            Massachusetts open Meeting Law.  The Finance Committee Clerk shall

            keep minutes of all meetings.  Minutes of the meetings shall be

            made available to the Voters of the District within seven (7)

 

            working days.

 

SECTION 3.  When a Warrant for a District Meeting contains any article or

            articles under which an appropriation or expenditure of money, or

            the disposition of any property of the District may be made, The

            Finance Committee shall consider such articles, report in writing

            its recommendations to the Board of Commissioners for their review.

            The Finance Committee shall make available to the District Voters,

            at the District’s Annual Meeting or Special, a written copy of

            their advisory report.

          

            Joseph White and Ernest Silva were vociferous against having

            changes made to the Finance and Advisory by-laws.  Joseph White

            felt that there was no need to change the by-laws that he had made

            up back in 1967.  Joseph White stated, “All the current members

            were picked by one individual and there was no need for a change.”

 

            James Ready made a motion that the third sentence in Section 1 be

            Amended to read- None of who shall be an officer, member of the

            District Commissioners, or anyone that has served as a past Finance

            Committee member for a term of three years, no member shall be a

            relative of an employee, an employee or a commissioner.  The Motion

            was seconded. A vote was taken.  The vote was unanimously against

            the amendment.  A motion was made to return to the main motion. 

            Margaret Brochu made a motion to table Article IV, the motion was

            seconded.  A vote was taken, The District voted to unanimously to

            table Article IV.

 

ARTICLE V-  On a motion made and seconded the District voted unanimously to add

            ARTICLE VI- (Water Supply by-law) Sections 1 through 7 to the

            Dighton Water District by-laws after a motion to amend Section 3

            and Section 6 was made and seconded.  Section 3 was amended by

            removing- (and any other locally designated body having police

            powers.  Section 6 was amended by adding; (with a court order) at

            the end of the paragraph.

            The following is the Water Supply by-law that was passed.

 

SECTION 1:  Authority

 

            This By-law is adopted by the Dighton Water District under its home

            rule powers, its police powers to protect public health and welfare

            and it’s specific authorization under M.G.L. c. 40,s.21 and 21D.

 

 

 

SECTION 2:  Purpose

            The purpose of this By-law is to protect, preserve, and maintain

            the public health, safety and welfare whenever there is in force a

            state of water supply emergency by providing for enforcement of all

            duly imposed restrictions, requirements, provisions or conditions

            imposed by the District or by the Department and included in the

            District’s plan approved by the Department of Environmental

            Protection to abate the emergency.

 

SECTION 3:  Definitions

 

            For the Purpose of this By-law:

 

            Enforcement authority shall mean the Districts Board of Water

            Commissioners, the Town Police, and special police.

 

            State of water supply emergency shall mean a state of water supply

            emergency declared by the Department of Environmental Protection

            pursuant to G.L.c.21G, s.15 through 17, G.L.c.111, s.160 or by the

            Governor.

 

SECTION 4:  The following shall apply to all users of water supplied by the

            Dighton Water District:

 

            Following notification by the District of the existence of a state

            of water supply emergency, no person shall violate any provision,

            condition, requirement or restriction included in a plan approved

            by the Department of Environmental Protection which has as its

            purpose the abatement of a water supply emergency.

                      

            Notification of any provision, restriction, requirement, or

            condition with which users of water supplied by the District are

            required to comply to abate a situation of water emergency shall be

            sufficient for purposes of this By-law if it is published in a

 

 

 

            newspaper of general circulation within the District or by such

            other notice as is reasonably calculated to reach and inform all

            users of the District supply.

 

SECTION 5:  Penalty

 

            Any person or entity who violates this By-law, shall be liable to

            the District in the amount of $50.00 for the first violation and

            $100.00 for each subsequent violation which shall inure to the

            District for such uses as the Board of Water Commissioners may

            direct.  Fines shall be recovered by indictment or on complaint

            before the District Court or by noncriminal disposition in

            accordance with Section 21D of Chapter 40 of the General Laws.

            Each separate instance of noncompliance following the issuance of

            Any warning or citation pursuant to this section shall constitute a

            separate violation.

 

SECTION 6:  Right of Entry

 

            Agents of the enforcement authority may enter any property for the

            purpose of inspecting or investigating any violation of the By-law

            or enforcing against the same with a court order.

 

Section 7:  Severability

 

            The invalidity of any portion or provision of the By-law shall not

            invalidate any other portion, provision or section hereof.

                      

ARTICLE VI- On a motion made and seconded the District voted unanimously to add

            ARTICLE VII (Illegal Use Of Fire Hydrants)- Section 1 to the

            Dighton Water District By-laws which will read as follows;

 

SECTION1:   Whoever willfully or wantonly opens a fire hydrant for the sole

            purpose of vandalism or obtaining unmetered water without first

            obtaining permission from the Dighton Water District, shall forfeit

            and pay to the District the sum of $100.00 for each offense or

            twice the amount of any and all damages, whichever is greater.

 

            This By-law is not intended to restrict the use of fire hydrants by

            the Fire Department or the Dighton Highway Department in their

            normal operations.

 

ARTICLE VII-On a motion made and seconded the District voted unanimously to add

            ARTICLE VIII (Water Management Program)-Sections 1-10 to the

            Dighton Water District By-laws, which will read as follows;

 

SECTION 1:  Authority

 

            This By-law is adopted by the District under its police powers to

            protect public health and welfare and its powers under Chapter 359

            of the Acts of 1950 and implements the District’s authority to

            regulate water use pursuant to Massachusetts General Laws, Chapter

            41, Section 69B.  This by-law also implements the District’s

            authority under Massachusetts General Laws, Chapter 40, Section 41A

            conditioned upon a declaration of water supply emergency issued by

            the Department of Environmental Protection.

 

 SECTION2:  Purpose

 

            The purpose of this By-law is to protect, preserve and maintain the

            public health, safety and welfare whenever there is a Water

            Management Program of State of Water Supply Emergency by providing

            for enforcement of any duly imposed restrictions, requirements,

            provisions or conditions imposed by the District or by the

            Department of Environmental Protection.

 

 SECTION 3. Definitions

 

            Person shall mean any individual, corporation trust, partnership or

            association, or other entity.

 

            State of Water Supply Emergency shall mean a State of Water Supply

            Emergency declared by the Department of Environmental Protection

            under Massachusetts General Laws, chapter 21G, Sections 15-17.

        

            Water Management Program shall mean a Water Supply conservation

            Program declared by the District pursuant to Section 4 of this by-

            law.

 

 

 

 

 

SECTION 4.  Declaration of Water Management Program

 

            The District, through its Board of Water Commissioners, may declare

            a Water Management Program upon determination by a majority vote of

            the Board that a shortage of water exists and conservation measures

            are appropriate to ensure an adequate supply of water to all water

            consumers.  Public notice of a Water Management Program shall be

            given under Section 6 of this by-law before it may be enforced.

 

SECTION 5.  Restricted Water Use

 

            A mandatory Water Management Program shall include one or more of

            the following restrictions, conditions, or requirements limiting

            the use of outdoor water as necessary to protect the water supply.

            The applicable restrictions, conditions, or requirements shall be

            included in the public notice required under Section 6.

 

a)     Odd/Even Day Outdoor Watering; Outdoor watering by water users with odd numbered addresses are restricted to odd numbered calendar days.  Outdoor watering by water users with even numbered addresses restricted to even numbered calendar days.

b)     Outdoor Watering Ban; Outdoor watering is prohibited.

c)     Outdoor Watering Hours; Outdoor watering is permitted only during periods of low demand and to be specified in the Water Management Program and public notice thereof.

d)     Filling Swimming Pools; Filling of Swimming pools is prohibited.

e)     Automatic Sprinkler Use; The use of automatic sprinkler systems is

   prohibited.

SECTION 6. Public Notification of a Mandatory Water Management Program;

           Notification of DEP

      Notification of any provision, restriction, requirement or condition

      imposed by the District as part of a Mandatory Water Management

      Program shall be published in a newspaper of general circulation

      within the District, or by such other means reasonably calculated to

      reach and inform all users of water of the Mandatory Water

      Management Program.  Any restrictions imposed under SECTION 5 shall

      not be effective until such notification is provided.  Notification

      of a Mandatory Water Management Program shall also be simultaneously

      provided to the Massachusetts Department of Environmental

      Protection.

 

SECTION 7. Termination of a Mandatory Water Management Program; Notice

 

      The Mandatory Water Management Program may be terminated by a

      majority vote of the Board of Water Commissioners, upon a

      determination that the water supply shortage no longer exists.

      Public notification of the termination of the Mandatory Water

      Management shall be given in the same manner required by SECTION 6.

  

SECTION 8. State of Water Supply Emergency; compliance with DEP Orders

 

      Upon notification to the public that a declaration of a State of

      Water Supply Emergency has been issued by the Department of

      Environmental Protection, no person shall violate any provision,

      restriction, requirement, condition or any order approved or issued

      by the Department intended to bring about an end to the State of

      Emergency.

 

SECTION 9. Penalties

 

      Any person violating this by-law shall be subject to the following

      fines:

      FIRST OFFENSE:            WRITTEN WARNING

      SECOND OFFENSE:           $ 50.00 FINE

      THIRD OFFENSE:            $100.OO FINE

      FOURTH OFFENSE:           TERMINATION OF WATER UNTIL THE MATTER OF

                               CONTIUED VIOLATION IS RESOLVED

      This section shall be enforced under the provisions of Chapter 40,

      section 21D.  Upon a violation of this by-law, the Board of Water

      Commissioners shall serve a written notice to appear before the

      Clerk of court of the district court not later than 21 days after

      receipt of said notice.  Therefore, the procedures set forth in

      Chapter 40,section 21D, shall be followed.

 

SECTION 10. Severability

 

       The invalidity of any portion or provisions of this by-law shall

       not invalidate any other portion or provision thereof.   

                 

 

 

 

ARTICLE VIII- On a motion made and seconded, the District voted unanimously to

              transfer $100,000.00 from Free Cash to lower the Dighton Water

              District’s tax rate.  Joseph White was opposed to the transfer.

              Joseph White wanted to know who approved last year’s budget.

              Chairman, of the Board of Commissioners, Michael Perry mentioned

              that the voters and the Finance Committee had approved last

              year’s budget. Ernest Silva stated, “That he wanted the record to

              show that the Finance Committee did not approve last year’s

              budget.”  Donald Simmons of the Finance Committee also agreed

              with Ernest Silva in saying the Finance Committee did not approve

              last year’s budget. Patrick Menges, of the Finance Committee

              said, “I was on the Finance Committee and the Finance Committee

              approved the bottom line and recommended to the voters the budget

              that is in effect. The Finance Committee did in fact recommend

              the budget for approval.  I regret that I disagree with my

              colleagues, but we certainly did recommend that budget, and it

              would be in the best interest of the District if in these matters

              we deal as agreeably as possible and look forward not back.”

 

 Under ARTICLE IX-To transact such other business as may legally come

              before said meeting.  Michael Perry announced that Jeffrey Musich

              from Earth Tech Inc. was in attendance for an informational

              session to answer any questions anyone may have about the water.

              A vote was taken to continue the meeting and listen to what

              Jeffrey Musich had to offer.  Cynthia Price asked for

              reconsideration of Article III as amended and voted on.  Cynthia

              Price made a motion to reconsider Article III to the way that

              Joseph White wanted it to read making it mandatory that the Board

              of Commissioners meet twice a month.  A vote was taken to see if

              the District voters wanted the Article reconsidered.  A hand

              count was taken after the doors were locked. Some of the voters

              had already left. Ten were in favor, 14 were opposed.  The

              Moderator announced that the motion to reconsider failed and the

              original motion as voted, stands.

 

On a motion made and seconded the meeting adjourned at 9:45 P.M.

 

                                                Respectfully Submitted,    

                                                         

 

 

                                                 ____________________

                                                 Carol Stevens              

                                                 District Clerk

 

 

 

 

Board of Water Commissioners

 

 

 

_________________________  ______________________  ________________________