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
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
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?
(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)?
-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?
-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:
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.
To: "Paul"
Cc:
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
Jeffrey Bennett
vice-chair, Templeton Board of Selectmen
I look forward to meeting with you upon my return from Afghanistan
I think you have found the real reason Mr. ENOUGH, the financial wizard, wants to get his fingers into the selectman's seat. Them real reason everyone at Templeton Light called in the troops. This information should be ours for the asking. As far as that goes, we should not have to ask. Can you imagine someone doing a huge deal, with you to pay for it. In the fine print, the contract says you have no say as to how things are handled, no say on what is bought or who is to maintain it. Jeff, someone does not want us to know a lot of things, that is what all the panic is about. FOR YEARS ALL THE THINGS DONE BEHIND OUR BACKS HAVE ALREADY GOT US IN A FINANCIAL MESS. THIS BEHAVIOR HAS TO STOP, WE DO NOT NEED PEOPLE WHO BEHAVE LIKE THIS IN OUR GOVERNMENT. Sorry for the big letters, it is just, i have enough. The select bd. we have now won't work with you, Jeff, but with luck we will be in a better place by the end of the month. Stay safe, my friend, and hurry home soon. These are my opinions, Bev
ReplyDeleteJeff I'm back and in a very good mood. The board is soon to change for the good of Templeton. When you get home a transformation will be the best thing to happen to our town in a long long time. People have had "enough" of the back room deals and other self interests. I for one plan on exposing all the one man signings i find and just to show i mean it here is one page that put us in the bind we find were in now.
ReplyDelete1 signs on behalf of Templeton/Templeton light and 1 signs on behalf of the school district. I was going to not share this but the source has shown his loyalty to echo hill "enough" to make this a blog. I hope his trip to echo hill was worth it!
This is the proof we don't get the vote we deserve,It's all about the money! Bait and switch?
I think the only break i can give john is he was kept in the dark. As well as multiple commissioners were. It's all about the money. "Enough" Enough for who?
Shareholder
Dave Smart
Vote Smart
So maybe Selectman Bennett did not follow the rules that the BOS laid down earlier about how to go through, ask permission from, the Town Coordinator. I do not remember if he was deployed or not when that was decided. But what I find interesting, it turns out that they do not know who was responsible for the majority of the bill because of they way the town counsel wrote up the bill. But the fire in Wilder’s belly was showing, big time. The two of them misinformed the public in an open meeting stating that Bennett’s inquiries were about the citizen’s petition, when, had they read this email, it clearly was not. So why try to deceive us? Do they think us stupid? Or have they just been told what it was all about without looking for themselves? Why is it that the L&W dept gets a pass on everything? Where is the fire in their bellies about the L&W ten grand bill?
ReplyDeleteThe majority of the BOS again refused to second Selectman Farrell’s motion to look at the TMLWP ten grand legal opinion. Selectman Mullins stated that he felt that the commissioners made that decision and he will go with what they decided. And yet, also in an open BOS meeting, Commissioner Blais stated that the manager Driscoll did not ask them permission, and did not need to ask the commissioners for permission. This email thread clearly shows that the BOS should review the actions of the TMLWP manager whenever they feel the need. Why is there no need in their minds? The BOS is still struggling over the town budget and money, and yet could care less about how your and my money is spent over there. It does not make sense.
Phil there's more than meets the eye! Every meeting i go to at L+W i ask questions. At the time they may seem repetitive and sort of meaningless but i have asked some that are things i will deal with when/if i sit on the commission.When statements are made about important issues like transfer money from Renewal energy credit account to retirement accounts and needing a written policy to do that. I write this stuff down. When asked 60 days later about hows the policy to transfer the money coming i was making it up! Did the coop get set up for this purpose?
ReplyDeleteOr did they not want to share that too!
Would that open the can of worms and how much does Templeton get extra from the turbine investments?
lots of question and little time to ask from the public side of things.
I won't hide it , i will expose it!
I won't deny it, i will admit it!
I won't rubber stamp it, i will debate it!
I won't work for Driscoll, I will work for Templeton and her people.
Shareholder
Dave Smart
For Open Governance
Vote Smart
David, Super blog! I know you will do a good job. You are strong enough to stand up to these guys. We are all rooting for you. Bev.
ReplyDelete