Wednesday, August 15, 2018

Templeton General Town by-laws:

Article VI – Contracts by Town Officers


Section 1. Unless otherwise provided by the General Laws or a vote of Town Meeting, the Board of Selectmen is authorized to enter into any contract for the exercise of the Town’s corporate powers on such terms and conditions as are deemed appropriate. Notwithstanding the foregoing, no Board, Committee, Commission or Town officer shall contract for any purpose, on any terms or under any conditions inconsistent with any applicable provision of any general or special law. (G.L. c. 40, section 4, Town Meeting designation of contracting authority).


Section 2. Every contract for the purchase of supplies or services, for the disposition of surplus tangible property, or for the acquisition or disposition of interests in real property shall be subject to the procurement procedures of General Laws, Chapter 30B. No contract shall be split or divided for the purpose of evading the provisions of this section.

I sure hope people in Town Hall can and do read this stuff.
2005 Annual Town Meeting of May 10, 11, & 17.


Article 12. To see if the Town will vote to appropriate the sum of One Million, Four Hundred Eighty Thousand Dollars ($1,480,000.00) for salaries, operating, maintenance, legal, engineering, construction and other expenses of the Templeton Sewer Department and Publicly Owned Treatment Works. Such money to be raised by sewer user receipts and fees, entrance fees, tipping fees paid by disposal contractors, and other fees collected as per Sewer Department Rules, to the Town of Templeton Sewer Department, or to take any other action relative thereto.
Submitted by the Sewer Department



On a motion duly made and seconded the Town voted to appropriate the sum of One Million, Four Hundred Eighty Thousand Dollars ($1,480,000.00) for salaries, operating, maintenance, legal, engineering, construction and other expenses of the Templeton Sewer Department and Publicly Owned Treatment Works in accordance with the budget submitted by the Sewer Department. Such money to be raised by sewer user receipts and fees, entrance fees, tipping fees paid by disposal contractors, and other fees collected as per Sewer Department Rules, to the Town of Templeton Sewer Department

Passed Unanimously/May 10th @ 7:28

1996 Town Meeting vote upheld in 2005!


So, hopping into the time machine, back to 1996, October 23 @ 7:00 P.M. at a special town meeting

Article 4: To see if the Town will vote to amend the action taken under article 46 of the warrant for the 1996 ATM relative to the Sewer Enterprise Funds do to increase the total appropriation by $1,400,000.00 such additional monies to be raised from sewer receipts and to be used to defray the expenses of the sewer enterprise fund for sewer department, or to take any action relative thereto.

On a substitute motion the Town voted to amend the action taken under article #46 of the warrant for the 1996 annual town meeting relative to the sewer enterprise funds so as to increase the total appropriation by $1,400,000.00 Such additional monies to be raised from tipping fees from outside sewer haulers to the Town of Templeton publicly owned treatment works (P.O.T.W.) The additional monies raised to be used by the Sewer Commissioners for the operating costs of the Town of Templeton publicly owned treatment works, (P.O.T.W.), legal expenses, engineering expense and other expenses associated with P.O.T.W.

Did not find any warrant for a Town Meeting rescinding this vote and I logically conclude that other expenses associated to include any raise in pay for employees, budgeted for.

The referenced Town Meeting is listed on the Templeton Town website.
Posted online at The Gardner News:
Opinion

Letter: Why Templeton Advisory Committee


Massachusetts General Law, Chapter 39, Section 16, is why. In 1870, a group of Quincy citizens banded together to restore financial order in their municipality, creating the commonwealth’s first finance committee. 1910, MA courts ruled a municipal finance committee was legal. MGL, c39, s16 states: “Every town whose valuation for the purpose of apportioning the state tax exceeds one million dollars shall, and any other town may, by bylaw provide for the election or the appointment and duties of appropriation, advisory or finance committees, who shall consider any or all municipal questions for the purpose of making reports or recommendations to the town; and such bylaws may provide that committees so appointed or elected may continue in office for terms not exceeding three years from the date of appointment or election. In every town having a committee appointed under authority of this section, such committee, or the selectmen if authorized by a bylaw of the town, and, in any town not having such a committee, the selectmen, shall submit a budget at the annual town meeting.”
A bylaw concerning Advisory Committee, Article IV; Section 5 states: “In the discharge of its duty, said committee shall have free access to all books of record and accounts, bills and vouchers on which money has been or may be paid from the town treasury. Officers, boards, and committees of the town shall, upon request, furnish said committee with facts, figures, and any other information pertaining to their several activities

Advisory Committee is charged with overseeing the Town’s reserve fund, approving financial transfer requests from the selectmen between May 1 and July 15, giving a report to Town Meeting regarding Advisory recommendations of Town Meeting business. Advisory is a committee of 7 volunteers who meet regularly, acting as representatives of Town Meeting when Town Meeting is not in session. Advisory Committee asks questions during the year, if they receive answers, the committee sometimes asks for paperwork to backup or justify the answers received.”
One thing Advisory Committee cannot do is determine the budget format to be used, not even the selectmen can do that; only Town Meeting has that authority, according to the Department of Revenue, “In our opinion, 92-145.”
Advisory Committee is a very important part of town government, mandated by state law and town bylaw. Its duties and responsibilities are important parts of town governance. Hopefully, this brief letter gives people an idea of why this committee exists and is commanded by law to report to the residents, on issues that will come before you at Town Meeting, especially items regarding your money. For the committee to be effective representatives of the town, it must have access to all requested information in a timely manner, which does not always happen.


Jeffrey Bennett,
chairman, Advisory Committee,
Templeton
Templeton officials broke up bids for work on Town Hall and as  a result, Town employees, elected and appointed personnel had to attend training from state officials concerning public contracts, bidding, etc., commonly referred to as 30B.

When the sewer department Pleasant Street pump station suffered a catastrophic failure, did the Town follow MGL c30b in obtaining services, essentially contracting for work while breaking up payments in contrast with chapter 30B again?

When raises or other things are held back, there has to be a reason (s) for that; failure to go along with the wishes of the corner office? Bringing up subjects that some wish to go away?

I am sure that if there are any chapter 30B issues, Town Hall or the Board of Selectmen's office will glad to clarify those.

On another subject, a couple wishing to have a wedding on the Town Common are told that if they wish to use the Gazebo on the common, which is Town property, they have to make a contribution to the Lions club. Because the Lions club maintains the Gazebo. Watching the selectmen meeting of August 8, 2018, I find it a little odd that the Town Administrator stated he was unaware of this arrangement, that the chairman would first state the Lions club sort of owns it and there is a fee, well a contribution to be made in order to utilize the Gazebo. Either the Gazebo is Town property or not and the Lions club is either a non profit charitable organization or not, but why does anyone have to make a donation to a private entity in order to use a public (town owned) facility?

Are permits pulled for use of Templeton Common by Lions club to sell Christmas trees each year? Is there a permit or hearing for parking at the fire station at Templeton Center while selling Christmas trees?

If the Lions club wishes to hold fund raisers and make contributions to certain things, all good, but when someone wishes to use Town property for a function, any fees or permits belong to the Town rather than a private entity.

More fuzzy politicking in Templeton.