Cheshire May Not Be Able To Increase Select Board Size
CHESHIRE, Mass. — The Selectmen brought into question the legality of an article approved at town meeting to increase the Board of Selectmen from three to five members.
Selectwoman Carol Francesconi said Tuesday that the article, which was placed on the warrant via citizen’s petition, was flagged by the attorney general after the review of this summer’s Cheshire town meeting results.
Town Administrator Mark Webber sent the article to law firm Kopelman and Paige, which reaffirmed the attorney general's concerns. Managing Attorney Lauren Goldberg’s opinion, in a letter sent to the board, is that the only way for the town to change the size of the board would be through a special legislation or a charter amendment, which can only be done with the election of a charter committee.
Although the state law allows all towns to elect three or more members, the increase is stonewalled in Cheshire because the charter has a cap of three members. The warrant article did not ask for a charter or bylaw change of any kind.
Goldberg's letter also stated that town meeting does not have the ability to put a binding question on the ballot that does not adhere to state law or town charter. The selectmen could choose to place a non-binding question on the ballot, however this would be a “stretch” of what the article actually states.
The letter said that the article is “fatally flawed” and in the attorney’s opinion only provided a “sense” of the town meeting.
The Selectmen had no comment on the legal determination of the article or next steps at the meeting.
“I don’t think we are going to have any comments until we have time to digest this,” Francesconi said.
In other business the Water Department is calling a water-user meeting on Jan. 27 at 6 p.m. at the Community Center to answer lingering questions and determine whether or not the users recommend purchasing a truck for the water superintendent.
The article was placed on December’s special town meeting warrant but was shot down by voters.
Because the water department is a department and not a district, all town members are allowed to vote on any transfer of funds even if they are strictly water funds. With a recommendation from the water users, the water department hopes another town meeting will allow the purchase of the vehicle.
The next special town meeting will be held Feb. 23.
Francesconi added that she would like to set up a meeting with Adams officials to discuss the Adams Cheshire Regional School District budget.
“Let’s pin them down ahead of time and see what they are thinking,” she said. “I would like to see what they are thing about the budget.”
