Standstill' on water budget

'Standstill' on water budget Town officials to seek AG's involvement

Kerry O'Brien News Staff Writer TEMPLETON — Town officials and the Templeton Municipal Light and Water Commission remain at odds over the lack of an approved Water Department budget for the coming year following discussion during Monday’s Board of Selectmen meeting. “We’ve come to a standstill,” said selectmen Chairman Kenn Robinson. At the May 14 Annual Town Meeting, voters did not approve the water department’s budget following the recommendation of the Advisory Board, which stated that the commission had not submitted a complete budget plan.  Wilfred Spring, who chairs the advisory board, indicated that the water department budget had only 20 line items, rather than the roughly 65 that is typical. He also stated that the water budget of approximately $1.408 million represents roughly $600,000 more than similar towns surveyed — including Townsend and Lancaster — and pointed out an approximately $65,000 loss the department had planned to address by doubling user rates during one billing period. “You have a general manager, a business manager, an accountant, a clerical assistant, a foreman, a superintendent and two workers — that’s a lot of overhead, especially when you come up with $65,000 worth of losses,” Mr. Spring said Monday. The water department asserts that according to its legal counsel — Jack Ferriter of Ferriter Law Firm — the town meeting vote is not binding because the department operates out of an enterprise fund that was created under special legislation. “There’s a whole hullabaloo because this legislation is not being followed,” Mr. Ferriter said. However, town officials say the water department has always submitted a complete budget to be approved by town meeting, and is required to do so according to the state laws governing the operation of enterprise funds. “There’s a presumption of validity behind the actions you’ve been taking for the past 13 years,” said Paul DeRensis of town counsel Deutsch Williams Brooks DeRensis & Holland PC. With no budget in place for fiscal year 2014 — which begins July 1 — the light and water board’s counsel said the town is forcing the water department to go to court in order to continue its operations. “We talked to the treasurer and asked, ‘Will you pay the wages and the bills that are due?’ And she said no because the selectmen told her no to,” Mr. Ferriter said. “The board of selectmen is telling the water department they have the fire their workers and shut off the water and the light. The water board wants to go to court to keep it on.” However, town officials are offering a possible resolution by using the upcoming June 27 Special Town Meeting to seek a vote asking the state’s attorney general to decide who has the final say over the water budget. As part of a nine-article warrant, the selectmen are submitting an article asking the town to approve a bylaw which states that the water department operates under the state statute for an enterprise fund, and therefore must have its budget approved by the town. “No lawsuits, no court appearances — the attorney general makes the call. It’s that simple,” Mr. DeRensis said. Another article will ask voters to provide the department with one-third of the $1.408 million budget sought at annual town meeting. “We’re putting this article forward as to give the attorney general time to make a decision if article six is successful,” said Selectman Julie Farrell. “This will give the water department a budget with which to work until the special town meeting in the fall.” “Article seven is a joint effort to send an olive branch,” said Town Administrator Jeffrey Ritter. The light and water department’s counsel said the board wants the town meeting to vote on its full budget — which officials said now totals $1.413 million due to legal bills following the rejection of the budget — but they do not have a meeting scheduled ahead of the deadline to submit articles for the special town meeting. In other business, the selectmen will hold a meeting at 6 p.m. Wednesday to finalize the special town meeting warrant. The board reviewed the nine articles — including requests for expenditures of approximately $47,000 to cover a deficit in the snow and ice budget, and $35,000 for a deficit in the veterans’ benefits account — during Monday’s meeting. The meeting Wednesday is being held to meet the requirement that the warrant be kept open for 14 days.