All right, we will call the September 18th meeting of the bylaw review committee to order at 6 o'clock. Uh we will pick up at chapter article one section 319-1
billing construction whole new area for us. And article one is the stretch energy code uh 319-1. We'll hop right in. Definitions as used in this article. The following terms shall have the meanings indicated.
International energy conservation codec is a building energy code created by the international code council. It is a model code adopted by many state and municipal governments in the United States for the establishment of minimum design and construction requirements for energy efficiency and is updated on a three-year cycle. The baseline energy
conservation requirements of the Massachusetts State Building Code are the IECC with Massachusetts amendments as approved by the build board of building regulations and standards. Good. Stretch energy code codified by the
board of building regulations and standards as 780 CMR appendix 115.AA of the Massachusetts building code. The stretch energy code is an appendix to the Massachusetts building code based on further amendments in the international
energy conservation code to improve the energy efficiency of buildings built to this code. lot of code. Everybody agrees. I didn't see anything. Yeah. Standard language. Yeah.
319-2 purpose. The purpose of 780 CMR15.Aa [Music] is to provide a more energyefficient alternative to the base energy code applicable to the relevant sections of the building code for new buildings.
Applicability. This code applies to residential and commercial buildings as per 780 CMR. Stretch code. The stretch code as codified by the building of the board of building regulations and standards as 780 CMR appendex 115.A
including any future additions, amendments, or modifications is here incorporated by reference into this town of East Lambo general bylaws chapter 319. Good. Enforcement. The stretch code is enforceable by the building commissioner and effective as of January 1st, 2022.
Blank page. Blank page. So I move that we approve 3191 through 319-5. Do I have a second? Second. Thank move and seconded. Any further discussion? No. No.
Hearing none. All those in favor signify by saying I. I. Any opposed? Any abstensions? that the recommendation for 319 carries to do nothing. Was that adopted as part of the green communities grant? Um, yes. Well, it was adopted before.
Okay. Because the only way to get the grant was to adopt adopted to be eligible, but from what I understand, the state is looking to change the base code to match the stretch code so that there will be only one. Yeah. I thought that was actually
already done. It wasn't done yet. They They went through, they had it all the way to the final and then they tabled it. Oh, there was like couple years it was supposed to happen. Yeah. Chapter 321. Oh, this has to do with you.
Me? Yeah, the IT director. Buildings numbering. Yeah, down there. The IT director. Oh, yeah. It is me somehow. Uh, numbering of buildings. 321-1. Authority to require numbering. The IT director.
Oh. or designate shall require or regulate the numbering of buildings on all private or public ways. The building commissioner shall order in writing the owners of said building to place on their building such numbers required. So what do you do again? Can you answer me why?
Now is the chance to uh hand this off if you want. Uh it's because GIS is under it. That's why. Okay, makes sense. Oh, really? Yeah. Yeah. It used to be DPW. Yeah. Yeah. Yeah. Cuz that GIS used to be under
public works when I it so as with it went the responsibilities. Mhm. And that's all not just public buildings but privates. So how some so they do a development we say these are the numbers or if they
like add a lot say this is the number for that house. It's a lot of power. Yeah it is. I know I changed the way that that we do it. as someone that's done in home service. The old way was very confusing. No.
All right. There goes one. There's 11. There's 17. My speed. Benton Drive. Oh, yeah. Oh, we extended the street. Let's start the numbers over and then change it back.
Uh time frame for compliance. The owner of the building upon the receipt of such order shall comply with set order within 10 days. Yep. Shouldn't it say what happens if they don't? Just in violation of the bylaw and under
chapter one, there's a $100 fee for being in violation of the bylaw after being ticketed. Other than that, you're good. Building number shall be a minimum of 4 in high with a minimum stroke width of half inch and shall be visible from the street
where access is by means of private of a private road in the building address cannot be viewed from the public way. A monument pole or other sign or means shall be used to identify the structure. Wow. Okay. So about 80% of the town the
houses in town are in violation of Yeah. 4 in. I was thinking my wife had just bought a new I was just trying to measure it. I don't know. 4 in isn't that big? But so the first part doesn't I'd also say 4 in
say it's supposed to be on the building. Building number shall be a minimum height stroke width invisible from the street but that doesn't say on the building. Then it says where access is by means of a private road. But so is it required
in number if possible in section one it says the owners of said buildings to place on their building such numbers required on their building. Yeah. Okay. And then if it's not visible then you're
able to place it on a monument pole or other sign. Yeah. Or means. Like your mailbox. Mhm. Mhm. So, I've noticed, like you said, a lot of buildings now choose not to put it on
the house, but choose to put it somewhere near the mailbox or on a rock or something like that. Um, should we still mandate that it has to be on the house? I think that's actually part of the fire code. Yeah, I'm not sure. I mean, it makes sense.
What I feel bad for the pizza delivery guy trying to find the house. Well, he's got I think they should all be eliminated, too. Yeah. House number, fire codes, 4 in high, half inch stroke. Yeah. Council on Aging provides those
numbers are Arabic, too. No. Yeah. So, that's part of fire code. Should we mention in here somewhere as mandated by the fire code?
They could look it up in 10 years. I'm just saying that that way there if the fire code changes, which maybe they'll make it six inches so I can actually read them. It's an option. Like I said, I I'm not sure if it's necessary cuz
half the people aren't following them anyways. Yeah. Um I do like it. I I would like to add it. I think it's it's a good correspondence. I think good coordination this is a good life and matchup numbers required
this will be amended as of 2025 and say uh as outlined just under the first chapter just continue on such number shall be required as outlined
under the fire safety code or whatever it is. So yeah, I think outlined within the fire safety code. Sure. I always think we put it down below with the size in case they change the size, but cuz I feel like the it's
more likely they'll change the size than the requirement. Yeah, they're not going to change the requirement. Right. Right. They would change the size. So do we want to reference the fire authority to require numbering? Yeah.
Adding it there. I don't think will encourage anybody to go check the size to see if it changes. I don't think anyone checks the size. Anyways, I can tell you what I didn't. I went to Home Depot. I'm like these I Well, that's what I was thinking like at
Rocky's like they got the letters like are they 4 in? I don't I figure they must be if that's different. Yeah. Yeah. Yeah. Oh, so do we want to put uh I would keep it under the authority to require the numbering.
Yeah, I like where it was. We usually have the as you said as outlined within the Massachusetts back space back space back. All right. Uh, I will entertain a motion to recommend chapter or section 321
as amended. Chapter 321 as amended. So moved. Do I have a second? Second. Move and second. Any further discussion? Hearing none. All those in favor signify by saying I. I. Opposed. Any extensions? None. Recommendation carries. Chapter 330. Fees and charges.
This should be interesting. I mean just scanning a real well it starts off saying yeah well I guess it's just saying pursuant to the authority municipal charges lean authority this bylaw is adopted pursuant to the
authority of MGL chapter 30 se double section 21 58 did we fix that remember we did last time we took one I thought we took one off well we said it's supposed to be before it's supposed to be yeah one before the number 21 and one before the number 50.
And we need the comma after 21 after the and uh no well 21. Um we need after the 21. After the 21 and the and not after the end, after the 21.
Okay. All right. The purpose the purpose of the establishment of municipal charges lean is to provide a cost-effective method of collecting a charge and or fee assessed against an owner of real property in the town and fails and or
refuses to pay said charges charge and or fee when due by placing a lean upon real estate owned by the property owner. Okay. Mhm. Makes sense. Makes sense. Applicability. The municipal charge. The
municipal charges lean shall apply to the following municipal charges and or fees. Charges or penalties for violating violations of the zoning bylaws, including interest and cost of recording said leans in the human registry of deeds. What is that? What is that little symbol
about? C chapter 450 zoning. Okay. Thank you. I didn't notice that. Sorry. uh charges or penalties for violation of the general bylaws, including interest and costs to record said leans in the Hamming kind registry of deeds,
fees for licenses and permits and penalties for violations of the rules and regulations of the board of health, including interest and cost costs to record said leans in the H County public registry of deeds. Okay. So, what's the interest rate?
So, it's when it says in interest. Yeah. Oh, is it really? Um, the state allows you 1% per month, 12% a year. That's typical, at least in small claims.
I threw up my 24%. Recording of lean. The municipal charges lean will take effect upon the recording of a statement of unpaid municipal charges and fees setting forth the amount due including recording costs, the address addresses of the land to
which the lean is to apply and the name of the assessed owner. Okay, that's clear. Collection of lean. The collector treasurer shall be in charge of collecting the lean. uh the title correct? I assume it is
because it's the 22 amendment, but I know we were talking about titles at some point before. So, okay. Yeah, good. Unpaid leans. If a charge or fee secured by the lean is unpaid when the assessors
are preparing the real estate tax list and warrant, the collective treasurer shall certify the charge or penalty to the assessor's department and the assessor shall add the charge or fee to the next property tax bill to which it relates and commit it with the warrant to the collector treasurer as part of
the tax. Okay. If the property to which the charge or fee relates is taxexempt, the charge or fee shall be committed as a tax onset property. That's I assume that's legal.
I don't get it. If the property to which the charger fee relates is taxexempt, the charger fee shall be committed as a tax on said property, but they're tax exempt. So, is that like a religious building tax exempt? Yeah.
So, if a church doesn't pay their water bill, then you can put a municipal lean on it. But this will charge it. It says it'll get charged as a tax. I mean, maybe that's the accounting treatment, like it just goes to the
general fund like any other tax. That's the only reason I can think of cuz it's weird to call it out as a tax like specific related to taxes. That's got to be a legal thing, you know. Yeah. Legal way of saying it. Yeah. Like you can only lean taxes or
something maybe. Or maybe or maybe when it goes to be sold, it's tr like it. So church, it's on a church or something. only sell it to a private developer. Like it's a tax. It's just a unpaid tax at that point when it changes hands. And maybe that's
why they call it a tax. [Applause] Well, the only way to build them would be through a tax bill. I mean Mhm. Well, I mean, couldn't you like ticket them
and it's a $100 fee? Well, I thing is if you give them a ticket and they don't pay the ticket Yeah. then this allows you to put a link to them. Yeah. So, this is just weird as a text. Yeah. Yeah.
Uh 330-7 release of lean. The municipal charge lean may be discharged by filing a certificate from the collector treasurer that all municipal charges or fees including interest and cost constituting a lean have been paid or legally abated.
Mhm. Abatement. The assessors prior to a charge or fee being certified to the assessors by the collective treasurer under 330-6 may abate any charge or fee for justifiable cause which shall be effective upon the issuing of a written statement setting forth said cause and
filing of said statement with the collector treasurer. The cost of recording any documents required to release a lean in the Ham County Registry of Deeds shall be the responsibility of the property owner. Okay. Do we want to keep going before we make a motion?
Yeah, we'll do all we'll do to 3:30. Yeah, cuz we got two more to go. Yeah. Agricultural and horicultural water rates. You guys may want to approve what we've done before we get into that portion. Yeah. Here are some recommendations.
I have plenty of recommendations for the next. So, I'll make a motion to approve article one of chapter 330. A second. Moved and seconded. Do I have any further discussion? Hearing none. All those in favor signify by saying I. I. I. Any oppose? Any absentions?
Recommendation carries. Article two, Ralph. So, I would make a recommendation that uh this article be removed in its entirety. I don't think um that it's fair that basically one entity in town
gets a 25% reduction on their water rate. Um I think this is one of those where typically in a town um your rates change. the more water you use, the more cost per gallon it is, just like
electricity on a commercial rate or something. And instead, our town through our um meeting um decided to reduce it and I just I don't think it makes a lot of sense.
This is vote on at town meeting. This was originally voted on at town meeting. This is from 1982. No, no. I was at this town meeting. What was the rationale behind There was one farmer in town that stood
up that is extremely well-liked and asked for a discount and he said uh um in his opinion it's a volume discount. Um typically like Home Depot gets a discount on their products because they buy a huge volume and he should too.
when um everyone showed up that really liked him and committee. Yeah. Again, this maybe something more for the council instead of for this committee. Um
yeah, all changes. So, I have done research on it. There is only one person that's ever used this. Oh, really? Yes. I mean, and we have large factories like Carter Monday and all uh that use large amounts of water that that could,
you know, you could consider a high volume and they chose not to. Um, yeah, I tend to I generally agree. I don't know why it'd be different. I do also think it's probably
a town council matter. Um, but I think this would be the time to bring it up to the town council when we're looking at changes and say, you know, you may want to reconsider this. Yeah, I'm okay with it.
So, the whole article too. Mhm. I would Say it again. I would just remove those article and keep all water rates the same throughout the town. So make a we make the motion is to delete
article two and it's a tidy. I mean if I gave a discount to anyone it would be you know people over 75 years old or something um freeze their their rates. something on that idea. Um, I'll go for that.
I don't think you could vote on that, George. But again, I would think that would be the way to go. They would be small users, but um, but I think that may be something to consider. Changing the minimums
because you used to charge the minimum twice a year. Now you can charge the minimum four times a year. That is correct. Yes, I do. Uh, so strike. Yeah, I made the motion. I thought
to Okay, to delete article two. Move and seconded. Any further discussion? All those in favor signify by saying I. I. Any opposed? Any abstensions? None. Motion carries. Good pickup, Ralph. Good pickup.
Wow. This is not what there's nothing for 335. There's nothing used to be. Yes. And the council um voted to remove both of those that were no longer consistent with Supreme Court rulings. So, we just leave it as is, Val.
Yeah. All it is is just open and reserved for another bylaw. Oh, hawkers and Teddless. All right. Hawkers and peddlers. License required. No person shall hawk or pedal any merchandise within the limits of the
town except as authorized by law without first applying for the license in the town clerk's office. Final approval is given by the state director of standards. You like pan handlers too or so that little are different in Heritage Park. They they applied to
the town clerk and got a license to be Yes, they did. Okay. Yeah. Boral through the board of health. There's a hot dog stand. I see. So they So that's what anybody ask. Yeah. Through the board of health
is what they did. I see. Oh yeah. They live up the street from me. Oh. Yes. She seems like a nice person. Oh yeah. And I guess my question was would have been under hawkers and peddlers. Is there actually a fee within our fee
schedule for them? Yeah. So, the council doesn't even oversee this. It goes to the state. I mean, they need a license to pay state sales tax, right? Essentially, license in the town clerk's office. So, is it under town clerk?
What happens if there's an issue with one of them? It says go to the state. Does the council then have to bring it to the state? An issue. In other words, um what type of issue? Um like if they didn't
get a license or didn't pay for a license or if there's So my thought is I think this is a license a town license to do it within the town. Okay. And so that so let's say our
parade we have the people walking the side they apply for a peddlers license. They do. Yeah. Well they're supposed to. I know one of them that used to but and I I want to say the hawkers and peddlers license was only like $10 or something.
It's not on our list. No. Do we not have hawker and peddlers license? Then we should make a note that not under the town clerk. If they're applying for a license in the town clerk's office, then there should
be a fee for a license or and if there's no fee for a license or whatever, then should it say? Yeah, we should buy out. It should still be listed somewhere
even if it's at no fee. Because if you have to write them a license, I could have sworn it was in here somewhere. And it might have might have been before. And then
there's no food list, is there? No. No. This would be for the hot dog cart that you were talking about 50. That's something we just emo Genie with what she charges to find out what she charges. I'm just going to see if we even have uh But there's a food truck in fact that's
under the health department. Okay. Did they get rid of it? We we may have Jeannie may have thought that um that it was such a small amount that it wasn't worth it. But
I don't see it in here. Maybe just making them vict. And it looks like the inspector waits and means overseas then license. There's one for a raffle.
The raffle permit. Yeah. Oh, yeah. How many of those we get a year? How many people do it or how many people apply for the license? You have to go to the state bathroom. So, I would just make a side note so
that we can review it and just see if there's a fee for the license. I'm sure there must be. So, uh, in the town council minutes, uh, there was discussion of the solicitation bylaw where President O'Shea stated that we have a chapter 393
solicitors and 342 hawkers and peddlers. Long bylaw is much more significant in scope and detail. President S said we was was also given additional context for the town's legal council which gives him pause about making it more restrictive. Both the Supreme Court and the Massachusetts Judicial Court ruled
that a lot of these that was pan handlers, right? Hawkers and peddlers. Yeah, hawkers and pedlers at the end. There will be a bylaw review in January. We can look at it at that time to see if anything needs to be modified. Ah, so pan handlers fall under a first
amendment. It's a freedom of speech. Um, that's why, yeah, that's why like Enfield put the signs up. There's a better way. Please don't give to them. Um, they couldn't say they're not allowed here, right? But they could say, "Hey, don't give to
them. Give to these people." Um, but hawkers and peddlers are the guys selling the chachkis. Yeah. Or the guys selling in the um pedaling. Yeah. I mean, they're basically
operating a a business. Um, the Girl Scouts have to apply for a license. That's a good point. Technically, yeah, they probably or even any of those fundraisers like the car washes or any of that.
Oh, like the they do like mom sales. I noticed. Well, those aren't those aren't hawkers or peddlers because you go there. Hawker or peddlers basically door. Well, either door to door or like the parade. Yeah. Can we make this apply somehow to the the solar guys?
Yeah. A no soliciting sign. It stopped them all. Yeah. What' you do? A no soliciting sign. Oh, okay. I bought them on Amazon. Put in my front yard. stopped. I used to get at least two or three of them a weekend. No, I never.
We get all these mass se with mass something. I don't know. The last kid we'd solar, I basically asked for his photo ID and all. Oh, well, the last lady took it. I'm like, no, that that's unacceptable. I said, you have to go get another one, man. I said, you're not you're not allowed. It was like 9:00 at night.
What are you doing? What are you doing? I said, you can't do this. And he just gave me one. I said, you know what? I said, "Seriously, stay close by cuz I'm calling the police department now." One of them walked into my into my brother's house. What?
Yeah. Opened the screen door and their stone door was open and just walked in and there's two like six-month-olds were in that room right there and they have and their dog jumped on the kid and bit us. And my brother was like, "Dude, what are you doing?" My brother's in his bedroom and came running out and they're like, "Who are
you? Why are you in my house?" You think, "Oh, it's my first day." Final given by the director. Nobody walk into someone's house. Crazy. Okay. Moving right along. Yeah. Right. Uh, so do we want to flag this for Genie?
I would flag it for Genie. Yeah. Interesting. Only because I'm curious on the final approval. Does Genie have to contact the state to see if they're allowed to do it? I mean, I'm thinking this goes back originally way back to the doortodoor
vacuum salesman and stuff like that. Um, oh, Avon Stanley, remember those days? Mhm. Uh, so we got nothing for 342 to really vote on table it for now. Yeah, cuz that could apply to lots.
Yeah, it might be one of those things where the state took it over to worry about it. Other stuff like that. Uh, chapter 34 354 licenses and permits indemnification of town.
Condition of permit or license. Any person receiving a permit from the town shall execute a written agreement and furnish a bond if the town manager so demands to indemnify and save harmless the town against all damage or cost by
reason of any claim for damages or by reason of any process civil or criminal arising from the use of said permit or license. And the town manager may impose such conditions, terms, and limitations as a manager shall see fit for the safety of the general public.
Yeah, it sounds like legal boiler plate. What licenses and permits does this apply to? All so you get a permit to build a house and someone dies on the construction site. You can't sue the town cuz they gave you a permit. Yeah. Well, you told me I could build here. Oh. Oh, okay.
Ah, yeah. I'm good. Yeah. This is for municipal licenses. Yeah. for violations of local or state laws related to enacted by enacted by the the constitution of the commonwealth. So
yeah, just to be a little bit meticulous, I would keep the word town manager in front of the last manager. It it doesn't have it there as a town man. Sure. Sure. Hate to be a stickler, but that's what we're here for.
So So in other words, good catch. I get a permit of building a house and if the construction worker dies while building the house, they can't sue the town, right? So, they can sue you. Okay. But you gave you gave them a permit,
right? Right. Mhm. I'm just wondering if this is all different permits such as let's say a trench permit. Well, that's Yeah. Um I mean and that's one that we have had situations
you don't know um it allows you to basically a trench in a 4 foot deep or deeper um but there's regulations and osher requirements and all. So in Long Meadow when uh they were trench and they didn't have it and a water mane was hit
flooded the trench and the worker was ultimately killed. Yeah. Yeah. How long ago was that? And I think this two years ago two years ago really I don't remember they had a big one out in Boston too. Um a couple of the workers were killed
and but I think what this is saying is just because the town gave you the permit to do it right doesn't mean that the town's responsible you still have to do what you're supposed to. Do we actually do this? I don't think that I don't know of the
town manager ever asking for a specific bond or anything. Maybe with big utility projects or something. It's in like the um like event applications like for the parade stuff is in there and I have to
request not doing it because we're not doing it. Yeah. I don't think the the town managers asked for a bond, but he could. I've never seen that written agreement applied to conservation permits or planning
permits. Okay. DPW puts bonds on for project completion, but the hold harmless I don't know where that if that's actually being done. If it's not, it should be. Yeah. I wonder if it's actually like on the permit. Maybe. I have to go back and
look to see because because that could be something that we're Yeah. We've had had instances where people said, "Well, the developer is flooding my property. You know, we're going to sue the town." And it's like, "No, you sue the developer." Yeah. It's a perfect example. You go a
permit. Yeah. Yeah. I think in practicality, yeah, it should be there. It should be there. Just saying that, but yeah, which means it should also be here. So, uh, should we give that to Tom?
I would recommend that. Yeah, Tom's going to send it back to us at the end. He's going to be like, "Yeah, this is your job." Well, it should be should be put into the boilerplate of the permits. Yeah. Okay. I'm just not sure that it is at
the moment cuz been a while since I've looked at the final permits, what they actually look like. Uh, so I guess that doesn't really mean we can't recommend this because we just made one small change to it. Yeah.
So, I'll entertain. I'll move to uh as amended to second move and seconded. Any further discussion? Hearing none. All those in favor signify by saying I. Any opposed? Any abstensions? None. The motion for 354-1
carries two. Article two authority. The bylaw. This bylaw is enacted pursuant to the authority of article 89 of the amendments to the constitution of the commonwealth. the
Esan meadow home rule charter and any other applicable statutes. This is for revocation of municipal licenses for violations of local or state laws related to premises. We're going to assume that article 89 is the authority.
That's e code does that right purpose. The purpose of this article is to provide a uniform and cost-effective method for ensuring a locally licensed business by the town is in and remains in compliance with safety, health, and other laws, bylaws, rules, and
regulations applicable to the premise holding licenses issued by the licensing authority allowing the operation of a business in the town. So just out of curiosity um municipal licenses like a common big chiller license peddler.
So if a store is not in compliance with uh health or bylaws or something that's saying that we can literally pull their common victular license. Yeah. Okay. Well, the reason I'm asking is the
council had often uh talked about, well, if they're not under special permit, we have no authority to do anything. And this is basically saying, no, that's not true. Yeah. Yeah. There's some hoops to go through. Yep. Yeah. You couldn't do the special permit, but you can say that's fine. You
don't have a business license, right? Definitions. Uh, we want to move definitions up. Yeah, probably because it comes after you already used. Yeah, that's true.
How do you um I don't think it needs to be after authority. I'd say yeah, flip it with purpose. Yeah. So purpose would be -4 and definition would be dash3. Yeah. Yeah. Because I think the authority
first makes sense. Yeah, procedures a lot. But somebody says definitions in construing this bylaw. The following word shall have the meanings indicated. Yeah. The only other word is stretch energy code. We did it first. License or locally issued license. Any
license permit or written authorization to operate or perform any work or provide any good or service within the town issued by a licensing authority or an employee or agent thereof. Licensing authority. Any board commission board committee commission council department
or employee of the town that issues any license. Good. Good. 354-5. Procedure for revocation, suspension, or modification. Any municipal department head that has
determined that a premise to which a license has been issued is in violation or non-compliance with any law, bylaw, rule, or regulation enforceable by the department head's department shall, after unsuccessfully taking appropriate actions to bring the permit premise into compliance, notify the licensing
authority of the continuing violations in writing and in detail, set forth the basis of the department head's determination of the existence of the violations. The notice of the license the notice to the licensing authority shall include a request for the revocation, suspension or modification of said license until
the licensing authority has held a hearing as here in set four here and after set forth. It shall not transfer or modify said license unless the department head files a written statement with the licensing authority that the premises have been brought into compliance or withdraws the complaint
and withdraws the complaint and withdraws the complaint. So everything um I think it's the fact who's withdrawing the complaint. I don't know. It just sounds funny at the end. Like I know it's the licensing
authority that's withdrawing the complaint or No, it' be the municipal department head. Yeah. is do we need a comma after authority? So unless the department have files a written statement with the authority
with the licensing authority. No, that doesn't make sense. I don't know. It's just a lot of words sentence. I mean, it does make sense. I would leave it as is. Mhm. Yeah. Yeah. I I don't have a simpler way
to say it. You got to read it. But yeah, everybody with a Yeah, sure. Ralph's over the ready to start pulling licenses. Well, no. I like the fact that, you know, we shouldn't be uh doing anything
with the premises until after a hearing has been done. Yeah. B. The licensing authority may suspend, modify, or revoke any license including renewals and transfers of any license ee that is the subject of a department
head's complaint provided that written notice is given to the lency and the department head that a hearing will be held by the licensing authority. Said notice shall be mailed to the lency by certified mail and the department head shall be notified by handd delivered letter from the town clerk indicating the date and location of said hearing at
least 14 days before the date of set hearing. The letter shall inform the lency of the violations to be considered along with a copy of the department head's complaint and shall state that the lency has the right to present evidence as to the existence of the violations and by the lency license
should not be suspended, modified or revoked. So the department head shall be notified by handd delivered letter from the town clerk. Mhm. How often does that happen? Or does it
even happen? I can't think typically it's an email or electronic for her to write a letter and then walk down to a department head and hand it is not going to happen. I don't know about that.
I mean, do we do we make it more generic to say formal written or electronic communication just so there's some record? I mean, I think they did it this way just so that the town clerk verifies.
Yeah, I gave it to them, but um yeah, I prefer to have an electronic record of it. is that but under state law what what's required for a hearing for notice of the hearing is electronic notification
is sufficient I mean it's being mailed to the lency the license holder by certified mail but the notice to the department head who's requesting it has to be by hand delivered well you're not going to mail it down the wall
well you want to make The point is I don't I I don't mind. I was just bringing up, like I said, I think most everything is on email now. Hey, Mr. Willa, I just wanted you to know I sent out certified mail to so- and so.
Well, you you need you need to be able to verify that the department head was notified. Okay. If it's email, I can't we can verify that. Yeah, email is easier to verify than a handd delivered letter. I mean, well, email you can verify that it was
sent, but can you verify that they received it? I can tell you when you opened it. I can tell how far you read. I can read you your drafts. Okay. The how far how far people read is always interesting. Yeah.
I read it. You open it for two seconds. Yeah. So, you know where you lose. Um I'm having trouble with the last statement. It says it shall state that the lency has the right to present evidence
as to the existence of the violation. Isn't likely trying to say that the violations do not exist and shall state the right or is trying is going to present evidence as to the existence that it doesn't exist. It's just framing in the positive, I guess. Yeah. Yeah.
I think it's present evidence about the violations. It It's structured weird, but I feel like that's the legal structure for it. Okay. Okay. That's my guess. Yeah. Okay. Is it? Yeah. Uh, so do we want to add
Yeah, I'd say electronic or written notification. I also think it's something that basically never happens. and the department if this isn't being done right now. It should be switched. I I like the idea email like it's it's more traceable. I mean that's the thing
with certified mail. It means you send an envelope. It doesn't mean there was anything in the envelope. Yeah. Like it's you know or they never pick it up. They never got it. Yeah. Yeah. Yeah. Uh be notified by hand delivered letter or verifiable.
Yeah. I would just be uh town email shall be notified by the town clerk and take out the hand delivered. Yeah, that's even better. Yeah. Yeah. I mean, right. So, it allows for verbal if you're fine
with that. Okay. Cuz the town clerk still has to verify if it's ever. Yeah. Really? Fair enough. Yeah. Smoke signals. I think the only time that this happened was with the police department and like a
light uh tobacco license maybe. My mind not there was uh there was an issue. Yeah. With that. C said department head's detailed statement of the existing violations filed with the original complaint shall
be premopicia evidence of the viol of the violation and shall be sufficient reason unless rebutted for the relocation modification or suspension of the license [Applause] good. So, I just have to ask, was it
just my printer or did um the print type and all change? It did, right? Yeah. I mean, mine did change. A was consistent, B all of a sudden became small and then went to large and
Yeah, on the PDF. Mine did. Yeah, cuz I mean if I look here like given to the lency, I'm like I wonder Oh, you have the PDF, too, cuz that looks like a pagenated. Um Yeah. And this is
mine. Mine looks okay. Yeah. Okay. So, just the way it came out, I'm like, I scratched my eyes twice. I'm like, maybe I'm just seeing things. Time to go to bed, right? Well, I just wanted to make sure
at least in E code that it's all the same size. Uh D. Any finding made by the licensing authority with respect to a license revocation, modification, or suspension shall be made only for the purpose of such proceeding and shall not be relevant to or introduced in any other
proceeding at law except for an appeal of from such revocation, modification or suspension. Let me find Okay. So, does that say you can't hold it against them if you pulled their license? If you pull Ralph's soccer
pedal's license, we can't use it against somebody who reapplies for it. Yeah. Mhm. Mhm. Any license modified, revoked, or suspended under this bylaw shall not be reissued or renewed until the licensing authority receives a certificate issued by the department head that the party
has brought the licensed premise into compliance with the applicable law, bylaw, rule, or regulation as the date of the certificate. Yep. Make sense? Yep. Unrenewable. Uh, okay. F. A party shall be given an opportunity to enter into a
compliance agreement thereby allowing the licensing authority to issue certificate setting forth any limitations to the license and the validity of said license shall be conditioned upon satisfactory compliance with said agreement. Failure to comply with said agreement shall be grounds for suspension, modification or revocation
of said license. Provided however the party in breach is given a hearing as set forth in subsection B above. Let's see what severability the invalidation of any section or portion of any section of this bylaw shall not affect the legality
or enforcability of the remaining sections or portions. I feel like this should be like the whole document statement not just Yeah. Yeah. I don't know why it just started showing up here.
Yeah. That that should be general for the whole Bible, right? Yeah. So, we have it in section 1.5-5 that states that that's fair. You don't need So, we can scrub that. Yeah. Take that out.
It's redundant. [Applause] All right. I will entertain a motion to approve to recommend the remainder of article two as amended. Second.
Moved and seconded. Do I have any further discussion? But we did amend three 35 point 35-3 and 35 4-4. Correct. Yeah. Yeah. Okay. Yep. Approve the amendment. Yeah. Okay.
Oh, actually let's see. Uh any further discussion? All those in favor signify by saying I. I. I. Any opposed? Any abstensions? Motion carries. Uh
so we are at 653. So should we stop next? Yeah, I think we stop. The next section looks very similar to what we just went through. Yeah, doesn't it? Um so like realistically I think we can
prove it quicker than it take you to read it. The only thing would be if we wanted to move definitions back up again. Yeah. Yeah, we can. So you touched it. Yeah. I make a motion that we move the
definitions up and uh approve it. [Applause] Then I remove the sign. Then I would strike 35 354-14 as we did the other one. Severability. Yeah. Right. Yeah. Because it's pretty much
Yeah. There's the exempt license and Yeah. 11, 12, and 13 at different people could do payment agreements. Yeah. Mhm. Yeah. And this makes sense because this is because it's unpaid taxes, not violation.
Well, and this is different now, right? This was Yeah. It was amended in 2022 cuz before that it was very limited what what it could do. Yeah. Yes. We amended it uh based on um I wonder uh
does it need to be for 13? Like just thinking about the uh thing about nonprofits like this bylaw should not be applicable to licenses listed there. Well, hey, it's probably there for a reason. Never mind. It is because there were certain
licenses that we couldn't um she had to do that too, right? Okay. Excuse and then marijuana after that. A good way to start next meeting, huh? Yeah.
I will entertain a motion to recommend the remainder of 354 as amended. So moved. Second. Moved and seconded. Do I have any further discussion? Hearing none, I will uh all those in favor signify by saying I.
I. Any opposed? Any abstensions? Motion carries. I will entertain a motion to adjourn. Second. Some moved. Moved and seconded. Uh for discussion, our next meeting is two weeks from now
on October 2nd. We're starting at chapter 359. We'll start at chapter 359. We got through L. So do your research. So yeah. Uh any further discussion? Hearing none. All those in favor signify by saying I.
Any oppose? Any extensions? We are adjourned at 656.