DIGHTON WATER DISTRICT SPECIAL MEETING
A Special Meeting of the Dighton Water
District was held in the cafeteria at the
District Clerk, Carol Stevens, called the meeting to order at 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
amended at a Special Meeting
3. As of
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
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
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
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
keep minutes of all meetings. Minutes of the meetings shall be
made available to the Voters of the District within seven (7)
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
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
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
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.
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
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
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-
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
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
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
SECTION 9. Penalties
Any person violating this by-law shall be subject to the following
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
Board of Water Commissioners
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