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F <br /> 'ri •:rt-a <br /> rT•iMF f.4.V►.'Y'PYi. <br /> NIASY �i� � MEETING� � �� � �MINUTES <br /> NOVEMBER 5,11998 <br /> O"HALLA. <br /> Present; Tom Fudala, Dennis Balzarini,John Cahalane, Jean McKnight,Koppelman&Paige, <br /> Beverly Kane <br /> Meeting convened at' : o p.m. <br /> Tom prepared a memo of issues the Commission would like to discuss with town counsel, <br /> mainly what is the Sewer Commission's authority and what are the means of achieving a sewer <br /> system in town. (See attached memo. <br /> Jeanne McKnight, town counsel, said the Severer Commission has a lot o f independent powers. <br /> In the town bylaws,there are certain kinds of contracts that must be let by the Selectmen,or <br /> purchasing agent, including purchase of equipment, supplies and materials of$500 or more. <br /> Construction contracts do not necessarily have to be let by Selectmen, if~there is an appointed <br /> purchasing agent. <br /> Tom mks the statue gives the Sewer Commission the authority to let contracts. <br /> Ms. McKnight said if the local bylaw said all contract over $500 have to go through Selectmen, <br /> then the Sewer Commission would have to comply. <br /> i <br /> Chapter 83 See l gives the Sewer Commission the power to acquire land and eminent domain <br /> takings, separate from the hoard of Selectmen. It does not require town meeting authorization. <br /> The question is how do you get the funding. The Commission could accept a gift of land, <br /> without the approval of the Board of Selectmen. <br /> Tom said it does not specifically mention facilities- for example treatment plants. <br /> Ms. McKnight said she would interpre#"land"not so narrowly as j ust vacant land but to mean <br /> real proper. <br /> Tom said there are two developments in town whose, special permit requires them to give their <br /> treatment plant to the town, if asked. <br /> Ms. McKnight said action by"the town'usually means by town meeting. <br /> Giving the treatment plant to the town usually cones as part of a contract to keep hose services <br /> going. The Sewer Co ission cannot enter into that contract without appropriations for it. <br /> It appears the Sewer Commission has a lot of power but they have no power over the purse <br /> strings. <br /> Revolving Fund-Enterprise F 9 und# Ms. McKnight explained town meeting action is need to <br /> create that fund. Chapter 44, Sect 53 F 1/7. speaks to Enterprise Funds. They are for utilities: <br /> sewer, water,, electric, health,recreational facilities or transportation facility. <br /> The advantage vs. a revolving fund is there is a limit on the number of revolving funds a town <br />