Never said it is against the law to use chapter 90 grant funds to buy equipment. I said the money should be used by the town to repair it's roads, as in Templeton town infrastructure, as in Town assets.

I said that chapter 90 money was used to buy an excavator that was and is not needed. I do not know how towns such as Ashburnham, Winchendon, Athol, Westminster and on and on, get their roads repaired and repaved without an excavator.

No tax override until Templeton's finances are in order for three years in a row and that includes no 30 plus financial transfers to "fix" stuff, because if you have to move money around to cover other so called budget items, then the original plan is bad to begin with, as Templeton has recently seen with regards to the fiscal year 2018 spending plan.

The Chapter 90 Program was enacted on March 23, 1973, by vote of the Public Works Commission to entitle Municipalities to reimbursement of documented expenditures under the provisions of General Laws, Chapter 90, Section 34, Clause 2(a) on approved Projects. The Funds provided from Transportation Bond Issues authorizes such Capital Improvement Projects for Highway Construction, Preservation and Improvement Projects that create or extend the life of Capital Facilities as follows:

Chapter 90 is a 100% Reimbursable Program

Grants are made in accordance with Section 34 Chapter 90 MGL. These funds shall be used in compliance with all applicable statutes and regulations, including but not limited to, Chapter 30, Section 39M; Chapter 149, Section 44J; Chapter 149, Section 26-27F; as applicable for maintaining, repairing, improving and constructing town and county ways and bridges which qualify under the State Aid Highway Guidelines adopted by the Public Works Commission.

Project Guidelines Included in the Chapter 90 Law

Funds must be allocated to roadway projects, such as resurfacing and related work (the minimum for resurfacing shall be 3/4" course with a continuous length of 500') and other work incidental to the above such as preliminary engineering including State Aid/Consultant Design Agreements, right-of-way acquisition, shoulders, side road approaches, landscaping and tree planting, roadside drainage, structures (including bridges), sidewalks, traffic control and service facilities, street lighting (excluding operating costs), and for such other purposes as the Department may specifically authorize. The municipality shall provide documentation of compliance with Chapter 149, Sections 44J and 26-27F; as applicable.

Additional Project Guidelines for Chapter 90 Work Voted and Approved by the Board of Commissioners on September 28, 1994

Highway Construction, Preservation and Improvement Projects that Create or Extend the Life of Capital Facilities

Resurfacing, Graveling, Microsurfacing, Pug Mill Mix (cold mix), Chip Stone Seal, Oil and Stone, Infrared Repairs (in connection with surface treatments), Recycled Aggregate Pavement, Rip Rap, Fabric, Crack Sealing, Drainage, Intersections, Shoulders, Guardrails, Sidewalks, Footbridges, Berms and Curbs, Traffic Controls and Related Facilities, Right of Way Acquisition, Street Lighting (excluding operating costs and decorative enhancements), Construction, Direction and Warning Signs (must comply with MUTCD), Bridges, and Tree Planting/Landscaping in association with a project.

Projects and Uses

Bikeways, Salt Sheds, Garages (construction and additions) for storage of road building equipment. Bikeways and Public use of off-street parking facilities related to mass transportation, a facility with bus or rail services. Engineering services and expenses related to highway and mass transportation purposes. Pavement management systems, development and maintenance.

Road Building Machinery, Equipment and Tools

Care, repair and storage must be project related and submitted on the same project request form. Purchase, replacement and long-term lease of road building machinery, equipment and tools that must remain the property of the municipality. Long-term lease will be reimbursed once annually for the construction season.

Road Building Equipment

Air Compressor, Asphalt Hot Box, Back Hoe, Berm Machine, Catch Basin Cleaner, Chipper, Wood & Brush, Chain Saw, Clam or Dragline, Compactor, Concrete, Floor Trowel, Concrete Mixer, Crack Sealer, Crane, Excavator, Generator, Grader, Gradall, Infrared Machine, Jackhammer, Lab Testing Equipment, Loader, Pavement Breaker, Paver, Pump, Roller, Spreader for Chip Seal Project, Striper, Survey Equipment, Sweeper, Tools, Tractor, Trailer, Trencher, Truck, Minimum 27,000 Pounds, Welder

So, again, if there is or was a problem with salt storage, stop buying un-needed equipment such as excavators, which sit a good portion of the year and build a proper salt storage facility and preserve an expensive item, road salt.

posted by Jeff Bennett