Town Meeting is a very powerful form of
government. Town Meeting gives the decision making power to the people who
attend Town Meeting.
Some people mistakenly believe the BOS can
circumvent Town Meeting votes. That is not true. The votes taken at Town Meeting
are the marching orders for the BOS to carry out over the course of the next
fiscal year.
The BOS gathers and submits warrant articles
for Town Meeting approval from all town departments. These warrant articles need
approval from Town Meeting in order to be carried out…the marching orders. If an
article is defeated at Town Meeting the BOS can NOT override that vote by
Town Meeting. If an operating budget is defeated at Town Meeting, the BOS can
NOT sign off on any vendor warrants for that department, because Town
Meeting said so.
When the Water Commissioners assert the vote
at Town Meeting for the water budget is non-binding, the commissioners are
correct…up to a point. The vote is non-binding on THEM - as
Commissioners. The vote at Town Meeting IS binding on the BOS. The BOS
must abide by the votes taken at Town Meeting. Town Meeting defeated Article 12
:
Article
12 To see if the Town will vote the sum of One Million Four Hundred Seven
Thousand Three Hundred Seventy Eight Dollars ($1,407,378.00)
to
operate the Water Department, which sum is to be raised from water receipts, or
to take any other action relative thereto.
Submitted
by the Board of Selectmen
by a vote of 141 NO to 118 YES.
The BOS have sent this LETTER to the Water Commissioners in order
to try to resolve this problem. The purpose of this letter is to meet and try to
come to some agreement on a water budget. That new article can beg re-submitted
for the Special Town Meeting in June.
It appears the BOS is willing to come to an
agreement that is in the best interest of the TOWNSPEOPLE. Can the same
be said of the Water Commissioners?
My opinions…supported by FACTS ! !
Julie Farrell
This post makes for an interesting dilemma; do selectmen listen to town meeting vote? 2007 annual town report, page 219-220, article 39;"to see if Town will raise, vote........$140,000.00 for a six wheel dump truck for highway dept......." On a motion duly made and seconded the town voted to raise and appropriate sum of $140,000.00 to purchase and equip a six wheel dump truck for highway; provided, the appropriation authorized hereunder shall be expressly contingent upon the approval by the voters of a capital expenditure exclusion ballot question pursuant to prop 2 1/2, so called. Passed May 16 @ 9:24
annual town report 2008, page 113, question 4 on ballot; shall the town of Templeton be allowed to assess an additional $140,000.00 in real estate and personal property taxes for the purpose of purchasing and equipping a 6 wheel dump truck for the highway dept. for fiscal year beginning July 1, 2007. The question failed; 145 yes and 455 no. So, when an article passes at Town meeting with the contingency attachment that this yes vote must be accompanied by a yes vote at the ballot, then the ballot vote turns out to be a no vote and the selectmen then vote to use chapter 90 monies to buy the piece of equipment that the voters said no to, have or are the selectmen actually following Town meeting vote? I contend that if a Town meeting vote has a contingency attached, that is Town meeting vote and so when the ballot does not meet the contingency of Town meeting vote and the selectmen vote to buy the equipment out of chapter 90 monies any way, is the above post correct? I ponder my own dilemma, since the Town meeting vote involved raising real estate taxes and chapter 90 money does not come from local real estate taxes, are selectmen actually going against Town meeting vote if they vote to use chapter 90 money to buy equipment that the voters said no to at the voting booth? Perhaps the best thing to do is for the state legislature to change the chapter 90 program back to its original intent and take the loop hole out.
This is an opinion piece by Jeff Bennett
So if the towns people as in voters were allowed to vote to use chapter 90 to purchase equipment would the tax issue not being there change the outcome?
ReplyDeleteI think so. When you ask to raise the taxes, tax paying voters are negative from the get go.
They/other towns vote to spend money on roads with overrides and we ask for our town to do the same and it was voted down. So the point is they want only what they don't have to pay extra taxes for.
Spin it any way you want Jeff Bennett the voters said no to a override increase of taxes.
If the town had managed the money correctly and we had the money to purchase things a vote would have been yes i would say in my opinion.