Saturday, July 21, 2018

Massachusetts General Law chapter 44
Section 53F1/2: Enterprise funds

Section 53F1/2. Notwithstanding the provisions of section fifty-three or any other provision of law to the contrary, a city or town which accepts the provisions of this section may establish a separate account classified as an ''Enterprise Fund'', for a utility, cable television public access, health care, recreational or transportation facility, and its operation, as the city or town may designate, hereinafter referred to as the enterprise. Such account shall be maintained by the treasurer, and all receipts, revenues and funds from any source derived from all activities of the enterprise shall be deposited in such separate account. The treasurer may invest the funds in such separate account in the manner authorized by sections fifty-five and fifty-five A of chapter forty-four. Any interest earned thereon shall be credited to and become part of such separate account. The books and records of the enterprise shall be maintained in accordance with generally accepted accounting principles and in accordance with the requirements of section thirty-eight.
No later than one hundred and twenty days prior to the beginning of each fiscal year, an estimate of the income for the ensuing fiscal year and a proposed line item budget of the enterprise shall be submitted to the mayor, board of selectmen or other executive authority of the city or town by the appropriate local entity responsible for operations of the enterprise. Said board, mayor or other executive authority shall submit its recommendation to the town meeting, town council or city council, as the case may be, which shall act upon the budget in the same manner as all other budgets.
The city or town shall include in its tax levy for the fiscal year the amount appropriated for the total expenses of the enterprise and an estimate of the income to be derived by the operations of the enterprise. If the estimated income is less than the total appropriation, the difference shall be added to the tax levy and raised by taxation. If the estimated income is more than the total appropriation, the excess shall be appropriated to a separate reserve fund and used for capital expenditures of the enterprise, subject to appropriation, or to reduce user charges if authorized by the appropriate entity responsible for operations of the enterprise. If during a fiscal year the enterprise incurs a loss, such loss shall be included in the succeeding fiscal year's budget.
If during a fiscal year the enterprise produces a surplus, such surplus shall be kept in such separate reserve fund and used for the purposes provided therefor in this section.
For the purposes of this section, acceptance in a city shall be by vote of the city council and approval of the mayor, in a town, by vote of a special or annual town meeting and in any other municipality by vote of the legislative body.
A city or town which has accepted the provisions of this section with respect to a designated enterprise may, in like manner, revoke its acceptance.

Section 69: Superintendent of water or sewer department

Section 69. If a town votes under section twenty-one to have its selectmen act as water and sewer boards, water commissioners or sewer commissioners, the selectmen may appoint a suitable person to act as superintendent of the water or sewer department or designate the superintendent of streets so to act if the town has voted to have its selectmen appoint such officer, who, subject to the control of the selectmen, shall have all necessary powers therefor.

Templeton voted to have independent and separate from the selectmen, elected sewer commissioners.

Templeton Sewer department is an enterprise fund operated department.

Templeton Sewer department is not listed in the FY 2019 general fund budget / spending plan.

Sewer users or rate payers, along with other fees (tipping fees)  cover the costs of operating the sewer department, with oversight of the Sewer department is handled by elected Sewer commissioners.

Why else would the selectmen and the Town Administrator speak of indirect costs [such as "charging" the Sewer department if sewer collections were to be handled at town hall in the treasurer/collector office?]

MGL chapter 41

Section 65: Sewer commissioners; powers and duties

Section 65. If sewer commissioners be chosen, they shall, as to sewers and drains, exclusively have the powers, perform the duties and be subject to the liabilities and penalties of selectmen and road commissioners.

What the Templeton general town by-laws say regarding sewer department.
Article XXIV – Sewers
Section 1. “The Selectmen, or Sewer Commissioners if duly qualified, may declare any sewer or drain laid in any land or way, public or private, open or proposed to be open for public travel, to be a common sewer, and that connections shall not be made with any common sewer, except by authorization from Selectmen or Sewer Commissioners, whichever the case may be, shall have the power to regulate the use of common sewers and connections which may be made with
them, by regulations duly enacted.”
Passed 5-10-75, Approved by A/G 9-2-75

Section 2. To amend the present common sewer by-law, Article XXIV, by adopting as town by-law the rules and regulations regarding the use of common sewers as outlined and stated in Publication No: 5541 of the Massachusetts Water
Resources Commission 1969, revised 1974, entitled “Suggested Rules and Regulations Regarding the use of Common Sewers for the Cities and Towns
of the Commonwealth of Massachusetts.”
Amended 10/28/76
TO:          Board of Selectmen

FROM:    Carter Terenzini, Town Administrator

RE:           Interim DPW Director

DATE:      July 19, 2018

CC:            N/A

Upon resignation of Alan Mayo as DPW director, I sent an email out to all area communities to ask them if they might be interested in exploring a shared administrative director (see exhibit A) Unfortunately, there was none.

Following that, I sent out an email to six firms seeking staffing proposals for an interim DPW director (see exhibit b). One responded with some interest and one referred a recently resigned Town Manager to us. The remaining four either did not respond or advised they were not in a position to propose at this time. At Alan's suggestion, I also reached out to the Bay State Roads program which offers technical training and support on local highway issues such as snow & ice control. They do not offer services on a consulting basis, but the instructor Alan spoke highly of does maintain a private practice in addition to his teaching responsibilities.

As a result of these efforts we have a mixed bag of proposals:

Don Jacobs Associates, a former Assistant Town Manager in Amherst and Town Manager in Southbridge and Plymouth and 30+ year professional in the business with a heavy concentration in HR matters would supply himself and Mr. Tom Woods, a 30 + year professional who worked his way up through the ranks in Leicester, MA and retired as DPW Director, who will undertake all of the assignments at $100.00 per hour.

Michael Smith, former highway Superintendent for Heath and instructor at Bay State Roads program, of Chainsaw Technologies who will undertake the snow & ice control analysis as he has done for Avon, Sudbury and Dover. His rate is $75.00 per hour.

Brian Palais, a Town Manager recently separated from the Town of Oxford as an outgrowth of a personnel matter he had to deal with that became controversial. He will undertake the assignments for $50.00 per hour.

While the most qualified proposer giving us the best overall review and work products would be Jacobs, his pricing would be virtually impossible to absorb within our current budgeting. Meanwhile, with the upcoming budget season rapidly approaching and a need to review our operational and capital needs for snow & ice control program, due to this being the last year of available sand from our pit; we have real needs within the department.

Accordingly, I seek your approval to engage Mr. Michael Smith, dba Chainsaw Strategies, in an amount not to exceed $5,500.00 to carry out an analysis of our snow and ice control operations as outlined in this proposal.

With respect to the interim DPW Director our only alternatives are to (a) keep going as we are, (b) try to do another round of inquiries, or (c) meet with your preferred candidate relative to any questions you may have on his background.