Information for Meeting of Town Meeting
Wednesday November 29, 2023 6:30 PM EST

COMMONWEALTH OF MASSACHUSETTS
WORCESTER, SS:                           

To one of the Constables in the Town of Barre, in the County of Worcester.

Greetings:
In the name of the Commonwealth of Massachusetts, you are hereby directed to notify and warn the inhabitants of the Town of Barre, qualified to vote in town elections and town affairs to meet at the Ruggles Lane Elementary School, 105 Ruggles Lane, Barre, MA 01005.

WEDNESDAY, THE TWENTY-NINTH  DAY OF NOVEMBER 2023 AT 6:30 P.M.
then and there to act on the following articles: 

ARTICLE 1

FISCAL 2024 BUDGET TRANSFERS
Sponsor: Select Board
 [Majority Vote Required]
To see if the Town will vote to transfer from any available source of funds sums of money to be added to departmental budgets and appropriations for the Fiscal Year 2024 ending on June 30, 2024, or take any other action relative thereto.

ARTICLE 2

FUND DPW UNION AGREEMENT
Sponsor: Select Board
 [Majority Vote Required]
To see if the Town will vote to raise and appropriate, transfer from available funds, or otherwise provide a sum of money to implement the Collective Bargaining Agreement between the Town of Barre and the Barre DPW Employees, Teamsters #170; or take any other action relative thereto.  

ARTICLE 3

FUND POLICE UNION AGREEMENT
Sponsor: Select Board
 [Majority Vote Required]
To see if the Town will vote to raise and appropriate, transfer from available funds, or otherwise provide a sum of money to implement the Collective Bargaining Agreement between the Town of Barre and the Massachusetts Coalition of Police, Local 340; or take any other action relative thereto.  

ARTICLE 4
AMEND THE CODE OF THE TOWN OF BARRE
Sponsor:  Select Board
(Majority Vote Required)
To see if the Town will vote to amend the Town Code of the Town of Barre by establishing a bylaw for the position of Town Administrator, including but not limited to qualifications, appointment, powers and duties, acting and interim Town Administrator, removal and entitled “Chapter 70- Town Administrator Bylaw,” as shown below,  or take any other action relative thereto.

Chapter 70- Town Administrator
§ 70-1 Appointment; annual review; other activities. 
A.	Appointment; term of office. The Select Board shall appoint and enter into an employment agreement with a Town Administrator to serve for a term of not more than three years; provided, however, that the first six months of any individual's first appointment to the office shall be considered a probationary period. The Town Administrator shall be appointed solely on the basis of his/her executive and administrative qualifications. He/she shall be a person especially fitted by education, training and previous experience in business or public administration to perform the duties of the office of Town Administrator. 
B.	Review of performance. The Select Board shall annually provide for a review of the job performance of the Town Administrator which shall, at least be in summary form, be a public record. 
C.	Restriction on other activities. The Town Administrator shall devote his/her full time to the duties of his/her office and will not hold any other public office, elective or appointive, nor shall he/she engage in any other business, occupation or profession during his/her term unless such action is approved, in advance, in writing, by the Select Board.
§ 70-2 Powers and duties. 
The Town Administrator shall be the chief administrative officer of the Town and shall be responsible to the Select Board for the proper administration of all Town affairs placed under hi/her charge by the Board or under Town bylaws. Acting by and for the Select Board, the powers and duties of the Town Administrator shall include, but are not intended to be limited to, the following:
A.	He/she shall supervise, direct and be responsible for the efficient administration of all functions placed under his control by bylaw, by Town Meeting vote, by vote of the Select Board, or otherwise, including all officers appointed by him/her. 
B.	He/she shall coordinate the activities of all Town departments under his/her control with those under the control of officers and multiple-member bodies who are elected directly by the voters of Barre appointed by the Select Board, or provided for under any special act, including, without limitation, Chapter 56 of the Acts of 1988. 
C.	He/she shall recommend the appointment, and may recommend the removal, subject to the civil service law and any collective bargaining agreements as may be applicable, of all department heads, all officers, subordinates and employees for whom no other method of selection is provided by bylaws, unless otherwise provided by state law. Appointments made by the Town Administrator shall become effective at his/her discretion, unless the Select Board shall within such period by majority vote of the Board vote to reject such appointment or has sooner voted to affirm it. 
D.	He/she shall be entrusted with the administration of a Town personnel system and personnel policy manual adopted by the Select Board, including but not limited to personnel policies and practices, rules and regulations, including provisions for an annual employee performance review, personnel bylaw and all collective bargaining agreements entered into on behalf of the Town. He/she shall prepare, maintain and keep current a classification and compensation plan establishing the personnel staffing requirement of each Town agency.
E.     He/she shall attend all regular and special meetings of the Board of Selectmen and   Finance Committee, and unless excused at his/her own request, and shall have a voice, but no vote in all of its proceedings. 
F.	He/she shall attend all sessions of the Town Meeting and shall answer all questions addressed to him/her related to warrant articles and which are related to matters under his/her general supervision. 
G.	He/she shall assure that all provisions of State laws, the bylaws and other votes of the Town Meeting, votes of the Select Board and of other Town agencies which require enforcement by him or by officers or employees subject to his general supervision and direction are faithfully carried out, performed and enforced. 
H.	He/she shall prepare, propose and submit the fiscal documents pertaining to the annual operating budget and proposed capital outlay program for all municipal departments. 
I.	He/she shall keep the Select Board fully informed as to the fiscal condition and needs of the Town and shall make such recommendations to the Board and to other elected and appointive officers as he may deem to be necessary or desirable. 
J.	He/she shall assure that full and complete records of the financial and administrative activities of the Town are kept and shall render full reports to the Select Board at the end of each fiscal year and at such other periods as it may reasonably require. 
K.	He/she shall have full jurisdiction over the rental and use of all Town facilities. He/she shall be responsible for the maintenance and repair of all Town facilities. 
L.	He/she may at any time inquire into the conduct of office or performance of duty of any Town officer, Town employee or Town agency under his/her general supervision. The Town Administrator may impose progressive discipline for any infractions subject to disciplinary actions, including verbal warning, written warning, performance improvement plans, suspension or administrative leave, and may recommend termination or any other action to the Select Board as may be necessary in accordance with the town’s personnel policy manual.
M.	He/she shall assure that a full and complete inventory of all Town-owned property, both real and personal, is kept consistent with generally accepted accounting principles. 
N.	Under the guidance of the Select Board, he/she shall be responsible for  the negotiation of all contracts with Town employees over wages, hours, and other conditions of employment. 
O.	He/she shall be responsible for the purchase of all supplies, materials and equipment, and shall award all contracts for supplies, materials and equipment for all departments and activities of the Town. He/she shall examine and inspect, or cause to be examined and inspected, the quality and the condition of all supplies, materials and equipment delivered to or received by any Town department.  He/she shall, in addition, be responsible for the disposal of all surplus supplies, materials and equipment for all departments and activities of the Town. 
P.	He/she shall be in charge of all technology and software,and shall allocate the use thereof among the several Town agencies. 
Q.	He/she may authorize any subordinate officer or employee to exercise any power or duty which he/she is authorized to perform; provided, however, that all acts which are performed under any such delegation shall be deemed to be his/her acts. 
R.	He/she shall be responsible to implement and maintain general security and public safety procedures in the Municipal Center (Town Hall) and extend and review policies and procedures to all buildings and properties controlled or owned by the Town. This includes but is not limited to IT and network security. 
T.	He/she shall serve as the Town’s Chief Procurement Officer, ADA Coordinator, Records Access Officer, Parking Clerk and Municipal Hearings Officer pursuant to MGL Ch. 148A.
U.	He/she shall perform such other duties as may be required by bylaw, by Town Meeting vote, by vote of the Select Board, or otherwise. 
§ 70-3 Acting & Interim Town Administrator. 
A.	Temporary absence. The Town Administrator shall, by letter filed with the Select Board and a copy filed with the Town Clerk, designate a qualified Town officer or employee to exercise the powers and perform the duties of his office during his temporary absence. During the temporary absence of the Town Administrator, the Select Board may not revoke such designation until at least 10 working days have elapsed, whereupon it may designate another qualified Town officer or employee to serve as acting Town Administrator until he/she shall return and assume their duties. 
B.	Vacancy. Any vacancy in the office of Town Administrator shall be filled as soon as possible by the Select Board, but pending such permanent  appointment the Board shall designate a qualified Town officer or employee or other qualified individual to perform the duties of the Town Administrator on an interim basis. The appointment of an interim Town Administrator shall be for a term not to exceed six months; provided, however, that a renewal, not to exceed an additional three months, may be provided. 
C.	Powers and duties. The powers of an interim or acting Town Administrator, under Subsections A and B above, shall be limited to matters not admitting of delay and shall include authority to make appointments or designations to Town office or employment to the same extent and the same conditions as the Town Administrator, except that, for positions reporting directly to the Town Administrator, only an acting appointment or designation may be made. 
§ 70-4 Removal and suspension. 
A.	The Select Board, by a majority vote taken with the full Board present, may terminate the Town Administrator from his office in accordance with the following procedure:
(1)	During probationary period: notice in writing of termination. 
(2)	 After probationary period, the Town Administrator shall not be dismissed except for inefficiency, incapacity, conduct unbecoming the office, insubordination or other cause; nor shall the Town Administrator be removed without notice and an opportunity to be heard.
B.	Anything contained in this provision to the contrary notwithstanding, the non-renewal of the term of appointment of the Town Administrator shall not be considered to be a dismissal and the provisions of Subsections A (1) and (2) shall not apply to the non-renewal of the Town Administrator’s employment. 
C.	The Town Administrator may be suspended from office by a procedure following the same steps outlined above for a removal. 

ARTICLE 5
AMEND THE CODE OF THE TOWN OF BARRE
Sponsor:  Select Board
(Majority Vote Required)

To see if the Town will vote to amend the Town Code of the Town of Barre, Part 1, Bylaws, Chapter 18, Boards, Committees and Commissions by adding a new Article V to Chapter 18 titled “Council on Aging”, as shown below, and to delete Chapter 405 “Council on Aging Bylaws” from Part IV, Miscellaneous Regulations, or take any other action relative thereto.

Article V	Council on Aging

§18-19		Establishment; statutory authority.
The name of the organization shall be the Barre Council on Aging, hereinafter referred to as the "Council,", which shall have the powers and duties of councils on aging as set forth in MGL c. 40, § 8B.

§18-20		Purposes.
The basic purposes of the Council are to:


A.	Identify the needs of elders in the community.
B.	Educate the community and enlist the support and participation of all citizens to meet the needs of elders.
C.	Design, advocate, and/or implement services to fill these needs, or to coordinate existing services.
D.	Cooperate with the Massachusetts Executive Office of Elder Affairs, and the Central Mass Agency on Aging, and to be cognizant of state and federal legislation and programs regarding elders.

§18-21		Membership.
A.	The Council shall consist of nine members, who shall be registered  voters in the Town of Barre, and who shall be appointed by the Select Board.


B.	The Select Board shall make initial appointments of three members for one year, three members for two years and three members for three years, with all subsequent appointments being for three years, with appointments being made effective July 1.


C.	At its first meeting after July 1 of each year, the Council shall elect from its membership a Chair, Vice-Chair and Clerk.  No person shall serve as Chair, Vice-Chair and Clerk for more than three years in succession.


D.	The Select Board shall endeavor to create council membership that reflects the make-up of the community-at-large and that is composed of at least 51% of persons age 60 and over.


E.	All members shall be sworn in by the Town Clerk before assuming their duties. 

ARTICLE 6

CAPITAL STABILIZATION FUND
Sponsor: Select Board
 [Majority Vote Required]
To see if the Town will vote for raise and appropriate or transfer from any available source of funds a sum of money to be added to the Capital Plan Stabilization Fund established by Article 34 of the 2021 Annual Town Meeting, or take any other action relative thereto.

ARTICLE 7

ACCEPT GENERAL LAWS CHAPTER 44, SECTION 54(B)
Sponsor: Treasurer/Collector
 [Majority Vote Required]
To see if the Town will vote to accept the provisions of G.L. c.44, Section 54(b) to allow Town trust funds to be invested in accordance with G.L. c.203C, the so-called "Prudent Investment Rule," or take any other action relative thereto.