Community Preservation Act in MA:

MGL chapter 44B - 

Section 5. (a) A city or town that accepts sections 3 to 7, inclusive, shall establish by ordinance or by-law a community preservation committee. The committee shall consist of not less than five nor more than nine members. The ordinance or by-law shall determine the composition of the committee, the length of its term and the method of selecting its members, whether by election or appointment or by a combination thereof. The committee shall include, but not be limited to, one member of the conservation commission established under section 8C of chapter 40 as designated by the commission, one member of the historical commission established under section 8D of said chapter 40 as designated by the commission, one member of the planning board established under section 81A of chapter 41 as designated by the board, one member of the board of park commissioners established under section 2 of chapter 45 as designated by the board and one member of the housing authority established under section 3 of chapter 121B as designated by the authority, or persons, as determined by the ordinance or by-law, acting in the capacity of or performing like duties of the commissions, board or authority if they have not been established in the city or town. If there are no persons acting in the capacity of or performing like duties of any such commission, board or authority, the ordinance or by-law shall designate those persons.

(c) The community preservation committee shall not meet or conduct business without the presence of a quorum. A majority of the members of the community preservation committee shall constitute a quorum. The community preservation committee shall approve its actions by majority vote. Recommendations to the legislative body shall include their anticipated costs.

Article #45 of May 2007 Templeton annual town meeting, states, in part;

There is hereby established a Community Preservation Committee (“CPC”), consisting of nine (9) voting members pursuant to MGL Chapter 44B (the “Act”). The composition of the CPC, the appointment authority and the term of office for the CPC members shall be as follows:

 One member of the Templeton Conservation Commission as designated by that Commission.

 One member of the Templeton Historical Commission as designated by that Commission.

 One member of the Templeton Housing Authority as designated by that Authority.

 One member of the Templeton Recreation Committee as designated by that Committee.

 One member of the Templeton Planning Board as designated by that Board.

 One member of the Templeton Board of Assessors as designated by that Board.

 Three members to be elected at large from the registered voters of the Town. 

So, if the housing authority fails to appoint a member to cpc, does that equal a committee not conforming to the requirement of law or does it simply mean that as long as a quorum is present when cpc funding is requested, discussed and voted on, the requirement of the law is met? 

As a point of reference, Templeton by-law requires a member from the advisory committee is to serve on the capital improvement committee, however, due to resignations from advisory, the cip member from advisory left but there is still a quorum on cip, so can this group still function despite not having a required by town by-law member? 

 

Superior Court Affirms Right of Awarding Authority to Reject Low Construction Bid Based Solely on Awarding Authority’s Past Contract Experience with Bidder

Posted on September 30, 2021

Cape Cod Builders, Inc. v. Town of Plymouth, et al., Plymouth Superior Court, Docket No. 2183CV603 (Order dated Sept. 13, 2021):

In what appears to be a case of first impression, the Massachusetts Superior Court has affirmed in writing that an awarding authority may reject a low bid based solely on the awarding authority’s past experience working with the bidder.

In this action, Plymouth rejected the low bid on a roof reconstruction project based solely on the Town’s prior experience with the bidder on an earlier Town construction project.  Plymouth asserted that the bidder had performed unsatisfactory work on the earlier project, and that the bidder’s principal had been rude and unprofessional toward the Town’s staff.  The disgruntled bidder asked the Court to enjoin the Town from proceeding with an award of contract to the next bidder, alleging that the Town’s decision to reject its bid was wrongful and based on personal animus toward its principal.  The Court rejected the request.  It credited the Town’s affidavit evidence of the bidder’s general inability to work in harmony with the Town’s staff and other elements of labor, an important component of the definition of a “responsible and eligible bidder” under the public building construction bid laws.  The Court held that the Town’s “complaints [against the bidder] evidence a genuine dissatisfaction with [the bidder’s] previous performance of a public construction project and exhibit a fact specific, reasonable objective basis for the Town’s decision that [the bidder] was not a ‘responsible’ and ‘eligible’ bidder pursuant to G.L. c. 149, § 44A(1)(c).”

 email sent to Templeton Advisory Committee, and I hope all members received it.

Sun 12/5/2021 11:11 AM

To:

•  AdvisoryCommittee Templeton

Since Mr. Spring stated on December 2, 2021 at an advisory committee meeting (beginning at 1 hour 23 minutes and 52 seconds) that some 30 towns have advisory committees (finance, advisory, warrant, appropriation) who appoint members to fill vacancies. There are some important facts (you will also see this on face book)

Town of Beckett - by laws state ARTICLE 16A--FINANCE COMMITTEE (Adopted 5/12/07; effective 9/24/07) SECTION 1. The Finance Committee shall have all duties and powers given to it under Massachusetts General Laws and the Town of Becket By-Laws, including but not limited to MGL Chapter 39, Section16. SECTION 2. The Finance Committee shall consider any and all municipal questions for the purpose of making reports or recommendations to the town. It shall be the duty of the committee to investigate all proposals in the articles of the warrant for any town meeting that shall in any way affect the finances of the town and to recommend to the town at the time of said meeting a course of action thereon, and in general to make recommendations to the town in regard to any financial business of the town. The committee shall make recommendations on each warrant article involving an appropriation. The committee may or may not endorse warrant articles, as it deems appropriate, where there is no appropriation requested. SECTION 3. The committee shall have the authority to vote transfers from the Reserve Fund per MGL Chapter 40, Section 6. The Treasurer and the Town Accountant are to be notified of any action or transfer of fund requests. SECTION 4. The Committee shall annually elect its own chairman, clerk and other necessary officers. All vacancies in the membership shall be filled by a majority vote of the combined Select Board and Finance Committee; the term to be until the next election. SECTION 5. The Finance Committee shall report annually in the Town Report, the financial condition of the town.

Big difference in a committee alone filling vacancy and a combined committee doing it (especially if you are calling someone else a liar)

Also mentioned was town of Orange (1 hour, 24 minutes and 23 seconds into meeting) as a community where advisory appoints members to fill midterm vacancies. Town of Orange MA bylaws state: 

Town of Orange, MA / PART I, ADMINISTRATIVE LEGISLATION / BOARDS AND COMMITTEES

Article IFinance Committee

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[Adopted 2-15-1937 ATM by Art. 19, approved 3-19-1937 (Bylaw 36)]

§ 12-1Membership; appointment; terms; officers.

There shall be a Finance Committee consisting of seven members who shall reside in the Town and shall be registered voters therein. No officer or employee of the Town shall be eligible to serve on said Committee. Within 10 days after the final publication of this article, in case it shall be approved by the Attorney General, the moderator shall appoint two members of the Finance Committee to serve for three years. All appointments to the Finance Committee heretofore made and in effect at the time of the adoption of this article shall continue in force until the expiration of the respective terms of appointment. Within 10 days after each annual meeting after 1936, the Moderator shall appoint for the term of three years such number of members of the Finance Committee as shall be necessary to replace the members whose terms have expired. In the event of a vacancy for any other cause than expiration of term of office, the Moderator shall forthwith fill such vacancy for the unexpired term. The Finance Committee shall elect its own Chairman and Secretary.

If you are going to call someone a liar, best to not follow up with several lies of your own.

regards,

Jeff Bennett

 ---------- Original Message ----------

From: Fred Aponte <faponte@harvard.ma.us>

To: wagnerd@dor.state.ma.us

Cc: townclerk@templeton1.org, jpb01468@comcast.net, dougmorrisonma@gmail.com, kcrobinson7@gmail.com, j_farrell@hotmail.com, assessors@templeton1.org, towncoordinator@templeton1.org, treasurer@templeton1.org, templetonadvisoryboard@gmail.com, 185wilberdr@gmail.com

Date: 12/10/2013 10:26 AM

Subject: Templeton Re-Cap

Good Morning Deb,

I know how busy you are, but I am hoping that you can help.  I have spoken with Luanne Royer about the recap and she mentioned that she spoke with you.  I was aware of everything that you pointed out to Luanne regarding the recap.  I have been working on this for weeks and I keep coming up with the same results.

In previous years the former Town Accountant prepared the budget forecast.  The Finance Board (advisory committee) prepared the FY14 budget using the former Accountants model, but it appears that some things were missed and as a result Templeton is 505k over the levy limit. I am confident that everything has been entered on the recap, but I need a sanity check.  I have done my own analysis which I have attached and summarized below.

1.      I am confident that everything has been entered on page 4. I have attached all town meeting minutes and my detailed breakdown for page 4

2.      Local Receipts have been adjusted.

3.      Page 3 Line 9 is blank because that number represents Ambulance receipts which are now Receipts Reserved for Appropriation voted ATM FY13 5/15/12 Article 30

4.      The 160k (other funds, Receipts Reserved) was used as a source but not included as an Expense on the budget document.

5.      I have attached my comparison between the budget forecast and the recap and summarized it below.

6.      Article 29 ATM 5/14/13......... Override vote 6/25/13 results attached

Summary - Comparison budget forecast & recap

(220,851)	Local Receipts, Debt & Retirement (See attached comparison)
(126,791)	Overstated Tax Levy (Forecast)
(160,000)	Ambulance ATM A#10 Not included in Expenses (Forecast)
28	Abatements Offsets Difference between Forecast/Recap
2,137	State Aid Difference between Forecast/Recap
(505,477)

Fred Aponte

Accounting