11/20/1978 BOARD OF LIBRARY TRUSTEES Minutes

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1 LAW OrricEs R EAR DON THOMAS 02d JOSEPH J. REARDON eo0f' WILLIAM W. THOMAS � 619 71714"4 tot'1w1f1#�1. JOHN V. 11 K o tl ber 27, 1978 Board of Library Trustees k Town of Nfashpee Main Street ashpee , Massachusetts 02649 Gentlemen: 4. Based upon research consisting of discussions filth Frank Hicks , Executive Secretary, and Florence Lucas , Town Treasurer, my office has been able to ascertain that the bulk of the money in the Li- brary Account is the balance left over after the cmpleton of con- struction of the library: some time during the 1940'; , of the sum appropriated by the Town , Meeting t construct the " ibrary, there � � These was $ 503. 35left over after completion of the cons ruction e funds were co-mingled with the General Funds of the Town until 1974 t which time the then Town Accountant , Mr. Shea , .suggested to Mrs . Lucas that a separate account be set up for this library money. ' As result of this suggestion, Mrs . Lucas transferred 59335 to ac- count # 50005386 in the Bass River savings Bank on August 26 , .1974 . The account-was entitled 'Library Account- � Town o Mashpeel'. The sum on deposit was increased by $50donation racy b a Mrs . Calla- han n August 10 , 1978 , This p r icul.amoney was given for gen- eral library improvement purposes . As of July 1 , 977 the account contained $643. 24. The increase was attributable to interest, :With accumulated interest , 1 -would estimate that the present amount o deposit is probably in the vicinity -of '$700 . We have been unable . to discover -any evidence that a "trust' was ever created. It is my opinion r that the transfer of the $501S. 35 from the library construction appropriation t the General Fund was un- � authorized and invalid without vote f Town eet �ng- It i my { further opinion that the subsequent transfer of thl�s sun from the General Fund to a separate account entitled Libralry Account- -Town f Mashpee without Town Meeting vote was also unauthorizeda ed u on the rovi s ions of Chapter 44 , Section This pens bas p p 33B which indicates that "a town may, by ma -ority Vote at any meet- ing duly held transfer any amount previously appropriated to any other use authorized by law. " Once an amount of ney has been appropriated for iven use by a Town Meeting , it may not be g thereafter used for any other use except by vote of the Town Meet- ing. In this articular case , it is any uersnng and belief g particular � t�x� ' for the u►r e that an appropriation was made by the Town Nie p p f constructing the Library. We have been unable to Locate the vote taken at Town Meeting to determine if the language contained therein also authorized the equipping or purchase o supplies , } materials and books for the library. Absent d soo er ng such 4 f