Tuesday, March 8, 2016

Looking at the warrant for the next special town meeting, I hope the article for water dept. loan and or grant is correct and legal. I hope the selectmen have sent this the the Town bond counsel and are not relying on the light & water commissioners and their legal counsel. The taxpayers of Templeton are on the hook for this loan, regardless of who it is for or for what. Why do you think it has to go to town meeting?

One other article on this warrant has to be re-voted because the selectmen did not send it to the Templeton Bond counsel, rather they took the word of the school district. We should not make the same mistake twice. Recall the two special town meetings ij July, 2015?  They did not check and ended up having 2 meetings rather than one, and what was the cost of that?

Just ensure it is legal and proper for a department to borrow money on behalf of the town rather than the town treasurer.

Just try real hard to get it correct the first time.

Jeff Bennett
Massachusetts general law, chapter 44

Temporary loans in anticipation of revenue, conditions, limitations.

Section 4. Cities, towns and districts may incur debt in any fiscal year for temporary loans in anticipation of the revenue of the fiscal year in which the debt is incurred, and may issue notes therefor to an amount which for cities and towns shall not exceed in the aggregate the total tax levy of the fiscal year preceding the fiscal year in which the debt is incurred, together with the net amount received during such preceding fiscal year from the excise on motor vehicles and trailers, as provided by chapter sixty A, and the payments made by the commonwealth in lieu of taxes on account of property taken for institutions or for metropolitan district purposes; and for districts shall not exceed the receipts from taxes, rates and services of the fiscal year preceding that in which the debt is incurred, and for newly established districts which have not yet had receipts from taxes, rates and services throughout an entire fiscal year, an amount as fixed by vote of the district. The aggregate amount of such notes shall not exceed an amount reasonably required, which amount, in the case of notes of a town or district, shall be approved by the director or by counsel and shown on an estimated cash flow statement prepared on a form approved by the director, by such other evidence as the director or counsel may require, and filed with the treasurer of the town or district and the director. Such notes shall be payable, and shall be paid, not later than one year from their date and said one-year term may occur within the span of two separate fiscal years. Such notes shall not be renewed or paid by the issue of new notes, except as provided in section seventeen. Notes may be authorized and issued under this section by the treasurer of the city, town or district, with the approval of the officer, committee, board or other body required by law to countersign such notes.

Jeff Bennett

ARTICLE 1   DEBT AUTHORIZATION:  USDA LOAN FOR THE WATER DEPARTMENT

To see if the Town will vote to appropriate from the Water Enterprise Account a sum of money for the demolition and reconstruction of a new 500,000 gallon water storage tank on Johnson Avenue in East Templeton, and to authorize applying for a grant and loan from the United States Department of Agriculture, or take any other action relative thereto.
                                                                                                                       
Summary: 
The water storage tank on Johnson Avenue was constructed in 1950.  The Massachusetts DEP requires that all municipal water tanks to be inspected every five years.  The 2011 inspection revealed some rust and other structural problems.  The Water Department consulted Tighe and Bond on the cost of re-painting the inside of the tank.  The cost was estimated at $550,000 for painting that would last for 15 years.  The Department then decided that it would be cost effective to demolish the old tank and build a new water storage tank with a 20 year USDA loan.  The new tank will have a useful life of 70-100 years.    

Main Motion
I move to authorize the Board of Selectmen to apply for a grant and loan from the United States Department of Agriculture Rural Development (“USDA”) for the demolition and reconstruction of a new 500,000 gallon water storage tank on Johnson Avenue in East Templeton in the amount of One Million Two Hundred Thirty-Nine Thousand Dollars ($1,239,000), with loan payments to be made from the Water Department Enterprise Fund, and further, to authorize short-term borrowing in anticipation of the USDA grant and loan, and to delegate to the Water Department all borrowing and short-term authority relating to the USDA grant and loan, and contracting relating to the water storage tank.
                                                                                                                        Requires a 2/3rds vote
Selectmen Vote:
Advisory Board Vote: 
Advisory Board recommends a ____ vote on Article 1

ARTICLE 2   DEBT AUTHORIZATION:  TEMPLETON ELEMENTARY SCHOOL

To see if the Town will vote to amend the motion for Article 6 of the March 29, 2014 Special Town Meeting appropriating Five Hundred Thousand Dollars ($500,000) for the Schematic Design of the Feasibility Study for the Templeton Elementary School, changing the certain language in the motion from authorizing the Narragansett Regional School District to borrow to authorizing the Town to borrow to fund the appropriation.  The motion will be changed from:
“To meet this appropriation the Narragansett Regional School District, with the approval of the Templeton Board of Selectmen, is authorized to borrow said amount under and pursuant to M.G.L. Chapter 44, or pursuant to any other enabling authority”;
to:
“To meet this appropriation the Treasurer, with the approval of the Templeton Board of Selectmen, is authorized to borrow said amount under and pursuant to M.G.L. Chapter 44, or pursuant to any other enabling authority”;
So that the amended entire motion shall now read as follows:
That Five Hundred Thousand Dollars ($500,000) be hereby appropriated for the purpose of paying costs of the Feasibility Study/Schematic Design work ahead for the Templeton Center Elementary School, located at 17 South Road, in Templeton MA, including the payment of all costs incidental or related thereto, and for which the Town may be eligible for a grant from the Massachusetts School Building Authority ("MSBA"), said amount to be expended under the direction of the Templeton Elementary School Building Committee. To meet this appropriation the Treasurer, with the approval of the Templeton Board of Selectmen, is authorized to borrow said amount under and pursuant to M.G.L. Chapter 44, or pursuant to any other enabling authority. The Town acknowledges that the MSBA's grant program is a non-entitlement, discretionary program based on need, as determined by the MSBA, and any costs the Town incurs in excess of any grant approved by and received from the MSBA shall be the sole responsibility of the Town, and further provided that the appropriation hereunder shall be subject to and contingent upon an affirmative vote of the Town to exempt the amounts required for the payment of interest and principal on said borrowing from the limitations on taxes imposed by M.G.L. 59, Section 21C (Proposition 2 ½), and that the amount borrowing authorized pursuant to this vote shall be reduced by any grant amount set forth in the Feasibility Study Agreement that may be executed between the Town and the MSBA; or take any other action relative thereto.
Summary:
This article authorized the borrowing of Five Hundred Thousand Dollars ($500,000) to pay costs of schematic design for the new Templeton Elementary School.  The Town’s bond counsel has recommended a change in the wording reflecting the fact that the Town through its Treasurer will borrow the money rather than the Narragansett Regional School District.
Main Motion:
I move the motion for Article 6 of the March 29, 2014 Special Town Meeting appropriating Five Hundred Thousand Dollars ($500,000) for the Schematic Design of the Feasibility Study for the Templeton Elementary School, is here by amended by changing the certain language in the motion from authorizing the Narragansett Regional School District to borrow to authorizing the Town to borrow to fund the appropriation, as follows:
“To meet this appropriation the Narragansett Regional School District, with the approval of the Templeton Board of Selectmen, is authorized to borrow said amount under and pursuant to M.G.L. Chapter 44, or pursuant to any other enabling authority”;
to:
“To meet this appropriation the Treasurer, with the approval of the Templeton Board of Selectmen, is authorized to borrow said amount under and pursuant to M.G.L. Chapter 44, or pursuant to any other enabling authority”
So that the amended entire motion shall now read as follows:
That Five Hundred Thousand Dollars ($500,000) be hereby appropriated for the purpose of paying costs of the Feasibility Study/Schematic Design work ahead for the Templeton Center Elementary School, located at 17 South Road, in Templeton MA, including the payment of all costs incidental or related thereto, and for which the Town may be eligible for a grant from the Massachusetts School Building Authority ("MSBA"), said amount to be expended under the direction of the Templeton Elementary School Building Committee. To meet this appropriation the Treasurer, with the approval of the Templeton Board of Selectmen, is authorized to borrow said amount under and pursuant to M.G.L. Chapter 44, or pursuant to any other enabling authority. The Town acknowledges that the MSBA's grant program is a non-entitlement, discretionary program based on need, as determined by the MSBA, and any costs the Town incurs in excess of any grant approved by and received from the MSBA shall be the sole responsibility of the Town, and further provided that the appropriation hereunder shall be subject to and contingent upon an affirmative vote of the Town to exempt the amounts required for the payment of interest and principal on said borrowing from the limitations on taxes imposed by M.G.L. 59, Section 21C (Proposition 2'/z), and that the amount borrowing authorized pursuant to this vote shall be reduced by any grant amount set forth in the Feasibility Study Agreement that may be executed between the Town and the MSBA.
                                                                                                                           Requires a 2/3rds vote
Selectmen Vote:
Advisory Board Vote: 
Advisory Board recommends a ____vote on Article 2  
                                                                                                                     

ARTICLE 3   FISCAL 2015 UNPAID BILLS                                                                                                                                                                                 

To see if the town will vote to raise and appropriate, transfer from available funds, or borrow pursuant to any applicable statute, a sum of money to pay for unpaid bills from prior fiscal years; or take any other action relative thereto.                                                                                                    
Summary:
This provides the means for the town to pay any unpaid bills from prior fiscal years.     

Main motion:
I move that the Town appropriate Eight Hundred Ninety-Nine Dollars and Ninety-Five Cents ($899.95) from the FY’16 tax levy and to pay a bill remaining from Fiscal 2015.
                                                                                                               Requires a 9/10ths majority
Selectmen Vote:
Advisory Board Vote: 
Advisory Board recommends a ____vote on Article 3   
                                                                                                                    

ARTICLE 4   FISCAL 2016 FINANCIAL TRANSFERS

To see if the town will vote to increase, decrease or otherwise adjust the various appropriations voted pursuant to Article 5 of the May 16, 2015 Annual Town Meeting (the Annual Operating Budget), and to raise and appropriate, transfer from available funds or borrow pursuant to any applicable statute to carry out the foregoing; or to take any other action related thereto.                                                                           
Main Motion:
I move to transfer funds within the Fiscal 2016 Annual Operating Budget as follows:                                                                                        
From                    Acct. Name                          Amount                  To                    Acct. Name
1000-123-100-
51-5110-0000
Town Administrator  Salaries
$990.00
1000-135-100-53-5300-0000
Town Accountant Software
$990.
1000-123-100-51-5110-0000
Town Administrator Salaries
$61.00
1000-175-100-54-5300-0000
Montachusett Regional Planning Assessment
$61.00
1000-123-100-51-5110-0000
Town Administrator Salaries
$12,949.00
1000-220-200-51-5117-0000
Fire/EMS
Salaries
$12,949.00
1000-424-400-52-5210-0000
Street Lights
$19,478.00
1000-220-200-51-5117-0000
Fire/EMS
Salaries
$19,478.00
1000-630-600-51-5115-0000
Recreation Salaries
$73.00
1000-220-200-51-5117-0000
Fire/EMS
Salaries
$73.00
1000-710-700-59-5910-0000
Debt
$12,500.00
1000-220-200-51-5117-0000
Fire/EMS
$12,500.00
1000-710-700-59-5910-0000
Debt
$50,000
1000-543-500-57-5770-0000
Veterans Benefits
$50,000
1000-710-700-59-5910-0000
Debt
$25,000
1000-913-900-51-5171-0000
Unemployment
$25,000
or take any other action related thereto. 
                                                                                                                      
Requires a majority vote
Summary:   
These transfers are within the Fiscal 2016 budget.  No new appropriation or tax increase will be required.        

Selectmen Vote:
Advisory Board Vote:
Advisory Board recommends a ____vote on Article 4
     
                                                                                                                   

 

ARTICLE 5   COMMUNITY PRESERVATION FUNDING FOR COMMON BURIAL                                     GROUND TOMBS RESTORATION

To see if the Town will vote to approve the expenditure by the Templeton Cemetery Department of One Hundred Twenty-Eight Thousand ($128,000) from the Community Preservation General Budgeted Reserve for completion of the Common Burial Ground Tombs Restoration Project, provided that the Town receives an award of a Massachusetts Preservation Projects Fund grant from the Massachusetts Historical Commission; or take any other action related thereto. 
Summary:
This is the third phase in the Common Burial Ground Tombs restoration.  These tombs were constructed around 1800.  Nine have already been restored; this phase will restore the last six tombs.  Funding for this project has been provided by the Community Preservation Committee and the Massachusetts Historical Commission. 
Main Motion: 
I move that the Town approve an expenditure of One Hundred Twenty-Eight Thousand Dollars ($128,000) from the Community Preservation General Budgeted Reserve by the Templeton Cemetery and Parks department for completion of the Common Burial Ground Tombs Restoration Project, provided that the Town receives an award of a Massachusetts Preservation Projects Fund grant from the Massachusetts Historical Commission.
Selectmen Vote:
Advisory Board Vote: 
Advisory Board recommends a ____vote on Article 5                                                                                                                         

 Jeff Bennett