email thread showing the response to my question concerning MGL

 email thread showing the response to my question concerning MGLand selectmen authority and again, I did not mention nor ask about any citizen petition as that had already been decided.

Jeff Bennett

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From: "Nicholas J. Dominello"
To: jpb01468@comcast.net, Towncoordinator@Templeton1.org
Cc: "Paul R. DeRensis"
Sent: Monday, March 11, 2013 3:32:58 PM
Subject: RE: request for legal clarification

Selectman Bennett and Town Coordinator Ritter,

My name is Nick Dominello, I am an attorney working with Paul DeRensis. Selectman Bennett, I am in receipt of your question regarding Templeton’s Municipal Light Company, the elected Light Board and MGL c. 164, §56. You have asked:

"I need to know the significance of MGL chapter 164, section 56; management of the plant. Within that section, it states "all accounts rendered to or kept in the gas or electric plant . . .of any town shall be subject to inspection of the selectmen. While as a selectmen, I would be interested in all financial records of the Templeton light & water dept., I am particularly interested in the expenses and accounting of the monies involved for the wind turbine within the boundary of Templeton. As it sits on school land, I further believe this comes under the jurisdiction of the selectmen (possibly of two towns as this is a district school.)"

I have interpreted your question above as:

(1) Can the Board of Selectmen view the financial records of the Templeton Light and Water Department?
(2) Can the Board of Selectmen view the financial records of the Wind Turbine which is located within Templeton?
(3) Is the Wind Turbine under the jurisdiction of the Board of Selectmen?

The applicable law, MGL c. 164, §56, plainly states that the Board of Selectmen can oversee a municipal light company and may inspect the accounts maintained by the company. Section 56 states, “[a]ll accounts rendered to or kept in the gas or electric plant… in towns…shall be subject to the inspection of…the selectmen.” Further, section 56 states, “[t]he manager [of municipal lighting] shall at any time, when required by the…selectmen…make a statement to such officers of his doings, business, receipts, disbursements, balances, and of the indebtedness of the town in his department.” Accordingly, the Board of Selectmen may inspect the accounts kept by the Templeton Light Company and may request the manager of municipal lighting to make a statement regarding receipts, disbursements and balances of the company.

Regarding the wind turbine that is located within Templeton, I have a few clarifying questions, the answers to which will allow us to better provide you with a response. Mr. Ritter may be best equipped to respond to the following questions:

-How many wind turbines are in question?
-Is the wind turbine(s) owned and operated by the Town (as opposed to a private party)?

-Does the Templeton Municipal Light Company control/maintain the wind turbine(s)? If so, does the Municipal Light Company disburse the energy produced by the wind turbine(s)?

-Is the manager of municipal lighting the primary administrator of the wind turbine(s)?
-Are there any applicable regulations that govern the use of the turbine(s) and the disbursement of the energy in which it generates?

Finally, in terms of the wind turbine falling under the “jurisdiction” of the Board of Selectmen, further information will be required to understand which Town board has jurisdiction. Municipal land can be held in several ways as it can be in the charge of a particular board or officer, or the selectmen for a particular municipal purpose or the selectmen as part of the Town’s general corporate undeveloped property. Here, it appears that the wind turbine is located on school property. In order to understand the proper jurisdiction of the wind turbine, a review of the minutes and votes from the School Committee, Board of Selectmen and any other Town board, department, commission, council, and/or committee which may have taken part in the acquisition of the land and development of the wind turbine will be required. Mr. Ritter, if these documents are accessible, we are more than willing to review them and establish which Town board has jurisdiction.

I look forward to hearing from you and working with you to answer your questions.

Thank you,

Nick Dominello

From: jpb01468@comcast.net
To: "Paul"
Cc: Towncoordinator@Templeton1.org
Sent: Thursday, March 7, 2013 2:22:14 AM
Subject: request for legal clarification


Paul,
I have a question that requires clarification. Templeton has a municipal light co. and an elected light board, so as a selectmen, I need to know the significance of MGL chapter 164, section 56; management of the plant. Within that section, it states "all accounts rendered to or kept in the gas or electric plant . . .of any town shall be subject to inspection of the selectmen. While as a selectmen, I would be interested in all financial records of the Templeton light & water dept., I am particularly interested in the expenses and accounting of the monies involved for the wind turbine within the boundary of Templeton. As it sits on school land, I further believe this comes under the jurisdiction of the selectmen (possibly of two towns as this is a district school.) However, what I believe and what is law, actual and or case is two different things. Before speaking to this issue formally and possibly placing it in the lap of the select board, I would just like to be sure. So as vice-chair of the Templeton Board of Selectmen, I am requesting your legal expertise in this matter. I have cc'd Templeton town coordinator so he is aware of legal expenses being incurred by a member of the select board and there fore technically going thru him as past practice dictates.

regards:
Jeffrey Bennett
vice-chair, Templeton Board of Selectmen
I look forward to meeting with you upon my return from Afghanistan