Friday, March 15, 2019

Respect the intent or . . . ?

Another item out of the historical archives (found on Templeton Town website)

Special Town Meeting November 7, 2011

Article 8 To see if the Town will vote to create a Fire Department-Ambulance Receipts Reserved for Appropriation Account where collected ambulance receipts for services are placed beginning with FY2013. Monies out of this fund are expended only through town meeting vote for the purpose of
funding various Fire Department capital requests pursuant to the betterment of the Fire Department services as deemed by the Templeton Fire Chief.

Submitted by the Templeton Fire Chief

On a motion duly made and seconded the Town voted to create a FireAmbulance Receipts Reserved for Appropriation Account where collected ambulance receipts for services are placed beginning with fiscal year 2013. Passed Unanimously/Nov. 7th @ 8:00

So, the receipts from fees (ambulance transport collections) are to be put into the ambulance receipts reserved for appropriation. Was the intent of Town Meeting vote to use this money only for capital items for fire/Ambulance department? Should these monies be used to support the general fund expenses of the Town? If that is the case, why have this account in the first place?

Another example of why it is important to look back and not repeat the same things over and over again. For the past three years, we have now used free cash to back fill the budget, using free cash after the fact as opposed to using before hand. In my opinion, it is still doing the same thing and here I thought we had agreed as a town to not do that any longer!
All separate and not reporting to the selectmen?

Perhaps a review of Town Meeting vote!

Carry out the intent of the article!
Perhaps that should be the number one focus of all selectmen, the intent of the voters!

Before a motion is voted on, take time to explain to voters present exactly what they are voting on, so as to try and ensure, what people intend, is contained in the motion which is actually voted on!

TOWN OF TEMPLETON 
WARRANT FOR SPECIAL TOWN MEETING 
MARCH 8, 2000 
COMMONWEALTH OF MASSACHUSETTS 

WORCESTER, ss.

 To either of the Constables of the Town of Templeton in said County: 
GREETINGS: 

 In the name of the Commonwealth of Massachusetts, you are hereby directed to notify and warn the Inhabitants of the precincts of the Town of Templeton, County of Worcester, qualified to vote in elections and town affairs to meet at the Narragansett Regional High School, 464 Baldwinville Road, Baldwinville, MA on Wednesday, March 8, 2000, at 7:00 PM, then and there to act on the following articles:

Article 1 To see if the Town will vote to instruct the Board of Selectmen to petition the General court to adopt necessary legislation which upon acceptance by the Town, would combine the Water Department and the Light Department under the authority of a single Municipal Lighting and Water Plant and a single Light and Water Commission and to repeal or amend any previous special acts in order to carry out the intent of this article, or to take any other vote or votes in relation thereto.

 On a motion duly made and seconded the Town voted to accept an amendment to Article 1 to read as follows:

 AN ACT ABOLISHING THE DEPARTMENT OF WATER OF THE TOWN OF TEMPLETON UNDER THE JURISDICTION OF THE SELECTMEN OF SAID TOWN AND ESTABLISHING A WATER DEPARTMENT UNDER THE JURISDICTION OF THE TEMPLETON MUNICIPAL LIGHTING PLANT

 Be it enacted, etc., as follows:

 Section 1. Notwithstanding any contrary provision of law, there shall be established in the Town of Templeton, a Water Department, under the jurisdiction of the Templeton Municipal Lighting Plant. Upon the effective date of this act, the Templeton Municipal Lighting Plant shall be known as the “Templeton Municipal Lighting and Water Plant”, shall have all powers contained in General Law Chapter One Hundred and Sixty-Four and otherwise, and all powers and duties now and from time to time vested by general or special law and by by-law in the Water Department of said town, and the Department of Water under the jurisdiction of the Selectmen shall be abolished. The books of accounts of the Light Plant and Water Plant shall be kept separate and the Water Plant shall continue to operate as an enterprise fund until changed by law.

 Section 2. The Manager of the Templeton Municipal Lighting and Water Plant shall exercise and perform such of the powers, rights and duties transferred to him under section one above and those contained in General Law Chapter One Hundred and Sixty-Four and otherwise as he may from time to time designate. He shall be specially fitted by education, training and experience to perform the duties of his office and need not be a resident of the town during his tenure of office. He shall be responsible for the efficient exercise and performance of such powers, rights and duties.

 During his tenure he shall hold no other elective or appointive office nor engage in any other business or occupation. He shall appoint such assistants, agents and employees as the exercise and performance of his powers, rights and duties may require. He shall render to the Selectmen, as often as they may require, a full report of all operations under his control during the period reported upon, and annually, and from time to time as required by the Selectmen, shall make a synopsis of such reports for publication and shall keep the Selectmen fully advised as to the needs of the town within the scope of his duties, and shall annually, not less than one hundred and twenty days prior to the expiration of the fiscal year of said town, furnish to the Selectmen a carefully prepared and detailed estimate in writing of the appropriations required during the next succeeding fiscal year for the proper exercise and performance of all said rights and duties.
The permanent employees of the Department of Water under the jurisdiction of the Selectmen of the Town of Templeton abolished by this act shall be transferred to and become employees of the Templeton Municipal Lighting and Water Plant and every employee so transferred who immediately prior to such transfer was subject to section nine A of chapter thirty or to chapter thirty-one of the General Laws under a permanent appointment and who has served a probationary period shall continue to serve subject to the provisions of said section nine A of chapter thirty or said chapter thirty-one as the case may be, whether or not thereafter reclassified, and shall retain all rights to holidays, sick leave and vacations in effect on the effective date of this act.

 Section 3. This act shall be submitted to the votes of the Town of Templeton for acceptance at the annual town election in the year two thousand or any other election, in the form of the following question, which shall be placed on the official ballot to be used for the election of town officers at said election:--“Shall an act passed by the General Court in the year two thousand, entitled ‘an Act Abolishing the Department of Water of the Town of Templeton Under the Jurisdiction of the Selectmen of Said Town and Establishing a Water Plant Under the Jurisdiction of the Templeton Municipal Light Plan,’ be accepted?” If a majority of the votes cast in answer to this question is in the affirmative, this act shall take effect one hundred and twenty days following the vote. If this act is not accepted as provided in this section, it shall thereupon become null and void.

Amendment Passed 7:17, Main Motion Passed 7:47