From the Town Clerk's Office........Town By-Laws

The Attorney general has made her decision on articles # 18, 19, 21, and 23 of the Annual Town Meeting which was held May 16, 2015.

The above articles were approved along with map amendments related to articles 18 and 19.

Comment on article 23, to amend Town by-laws to add a new article LVI, "trench by-law" The by-law must be applied in a manner consistent with G.L. c. 82A as well as the regulations promulgated thereunder (520 CMR 14.00 et seq.) The Town should consult with Town Counsel regarding the proper application of the by-law. We offer the following comments on the new article LVI.

Section 1.1.1. provides that 'any private contractor who intends to break any street or sidewalk surface, or excavate any road or shoulder shall contact the Templeton Highway Department." The by-law must be applied in a manner consistent with 520 CMR 14.00 which requires ANY excavator, whether a public agency, public utility, municipal DPW, private company or citizen who plans to dig a trench, to obtain a permit. The Town should consult with Town Counsel on this issue to determine if a future amendment is necessary to make it clear that any excavator (not just a private contractor) requires a permit.

Section 3, performance deposits and insurance.

section 3.1.1 requires the applicant for a permit to deposit an amount in an escrow account with the Town "as a guarantee to abide by these specifications." Section 3.1.4 provides deposit forfeiture - In the event that town personnel or equipment must be utilized to make emergency repairs or to complete unfinished work required by the permit issued hereunder, the cost of such repair or work will be deducted from the deposit. A standard multiplier of 2.5 will be applied to all labor and material costs to determine the amount to be deducted. If the repair or completion costs exceed the amount of the deposit, the applicant must pay the difference to the town of Templeton.

           The Town must apply any surety proceeds in a manner consistent with state law. Surety funds do not become Town funds unless and until the applicant defaults on the obligation under the by-law. Moreover, if the Town must use the surety to pay for compliance with the permit requirements, the Town must first appropriate the money for this purpose by Town Meeting vote. General laws chapter 44, section 53, provides that 'all monies received by a city, town or district officer or department, except as otherwise provided by special acts and except fees provided by statute, shall be paid by such officers or department upon their receipt into the city, town or district treasury." Under section 53, all moneys received by the Town become part of the general fund, unless Legislature has expressly made other provisions that are applicable to such receipt. In the absence of any general or special law to the contrary, performance security funds of the sort contemplated here must be deposited with the Town Treasure and made part of the Town's general fund, pursuant to G.L. c. 44, section 53. The Town must then appropriate the money for the specific purpose of completing the work in compliance with the permit.The  Town should consult with Town Counsel on the proper application of this section.

The entire posting can be viewed online at the Templeton website and on postings at the Post offices in Templeton as well as the Town Clerk's office at 4 Elm Street and at Town Hall, 160 Patriots Road.

Jeff Bennett