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On another matter...
Been reaching out to other people I know involved in state government and in other towns in the local process. The issue I am seeking some "guidance"on is on Art. 35 of the warrant. I have discussed the article with you in some detail all ready.
Now some of you may be tired of this matter all ready, which is fine. For me, it still remains a prime example of how we as a community begin to loose control over our own affairs.
One of the rationales for the "granting" of the borrowing provisions inserted into the most recent reversion of the original special act was that this is the same borrowing powers that are granted to regional refuse districts and regional school districts.
I do not equate an advisory committee with either of those two types of entities, and fail to see why such a committee should have identical powers as granted to entities specifically authorized by statute for all communities, and specifically created and empowered subject to community approval, rather than specifically created and crafted by special acts that no one seemed to ask for.
Anyway, take a look at Massachusetts General laws, Chapter 40, Section 44A - 44L and Chapter 71, Section 14, et seq. See what is suppose to happen when your form a regional district and grant it powers and see what is suppose to be done and how the town is suppose to decide whether it wants such a district.
When you make the decision of whether you want to do something like this, the information, powers and duties are spelled out for you to give you the choice. The districts end up being created whereby the communities involved are actually given weighted votes. The procedure is outlined. You are asked here it is, do you want it? before, not after, the fact.
From my perspective, you create an advisory committee to give advice, not to make decisions. You don't change an advisory committee into a separate entity without telling anyone, unless you don't want anyone to know what you are doing, and somebody pretty much appears to have taken that course.
I again state that I have asked, on a number of occasions, who asked for the language in section 5 of the 201o special act to be inserted. I am told no one did. I have asked whether our selectmen knew of it. I am told they did not, didn't even see the proposed legislation I am told.
I have to ask, why then would such a piece of legislation be crafted specifically for an advisory committee involving four towns?
I am told the committee has no present intent to do any borrowing. Fine. But the present committee cannot bind the future committee.
I am told any borrowing would be minimal at best, even with the increase. Fine, But let us not kid ourselves this is not the last of the requests for an increase.
Nor do I think this will be the last of special legislation expanding the powers, and if I could hazard a guess, the duties of this specially created and empowered committee.
Ever see a committee with a steady and guaranteed source of income ever vote itself out of business?
I have seen special legislation once it gets to Boston amended to conform to law. I have seen provisions of proposed special legislation stricken because of reasons of concern over ability to get it passed. I am unaware of special legislation initiated at the local level being re-crafted in Boston which bypasses and abrogates the local authority, without local request to do so.
Heck from what I can gather, the granting of such powers is usually specifically conditioned upon approval of at a minimum the local legislative body. Certainly Boston felt it an important factor when enacting the statutes pertaining to other regional districts.
Why not for an advisory committee?
Knowing the thought process, I am sure someone will argue isn't that what happened, as we have to approve the fee increase. Only in the most minimal way is that what happened, and not for the powers granted. Look at the article. Look at the language. You are being asked to approve the fee, not the powers granted. You aren't even being told about the powers granted.
If what was done with this advisory committee doesn't bother you, if the fact that town meeting has been stripped of its authority, and the electorate has been denied the right to decide to join a regional district under such terms and conditions and with such powers and duties as they choose to give, if all that is not of any concern, then be prepared for more of the same on other matters.
We have seen one too many examples all ready of what can result from a loss of local control and oversight.
For this particular one, taking everyone at their word, no one at the local level even knew it was happening.
Amazing when considered all by itself, and surreal when you consider the fact that your local elected and appointed officials, at least many of them, somehow feel it is okay to just accept this fact.
By adopting this article, we as a town acquiesce to the erosion of the town's authority and to a great degree specifically assent to such future acts.
Remember that road that is paved with good intentions.
Who would be the “…identical powers as granted to entities specifically authorized by statute for all communities…” you refer to that could quickly negotiate a deed restriction with a land owner, on behalf of the Mattapoisett Water Valley District, pending a development application before a planning board?
ReplyDeleteSo they have the ability to issue notes and they have the regulatory to collect payments. How much is this Fairhaven debt under 40. Water Division f. Water District and can we have that amount for town meeting?
I assume a loss of local control any time we enter a regional approach to municipal services. I would not expect one of the member communities to solely protect the interest for all. I don’t want a developer, in say Rochester, contaminating the water that flows into the Fairhaven water supply and then on to my household. I also would not automatically expect a private third party, to interfere on our behalf.
Someone should have the limited authority to protect our interest. I wonder if the water supply were ever jeopardized, because of the failure of the committee to quickly act in our behalf, what would be remedy available. This is not framed as an advisory committee, but more like an oversight authority someone forgot to add previously.
The protection ability of the committee seems limited and focused. Should it require a quick town meeting to prevent an unanticipated action of the committee, they would surely be severely scrutinized by all towns after that, with further amendments to the special act a possibility.
The answer to your question as to the Fairhaven debt under 40. Water division f. Water district is $0.00.
ReplyDeleteThis is because you are confusing the water district that is funded under article 4, Item 40, category f, with the entirely separate and distinct advisory committee.
The money that goes to the advisory committee is not subject to appropriation. It is simply raised on your water bill and given to it.
"We" as a town did enter into a regional water supply district.
"We" as a town did not enter a regional approach to grant the powers granted to the advisory committee.
You think the remedy for abuse is to be found in your last paragraph, that is your right.
You should be well acquainted with just how quickly action can be taken for an all ready planned town meeting, or rather just how big of a road block can be thrown up when certain people do not want to take action. The fact town meeting must act to disapprove is not acceptable in my opinion.
You feel comfortable ceding local oversight fine. Just remember that as the state continues to take away local oversight bit by bit. This is not the only area such action will occur and has occurred, and I think you will see bits and pieces of it occurring more frequently.
As to the ability of any committee to negotiate quickly, you will find that ability is directly related to having the money to do so. You may feel comfortable giving away oversight over spending, I don't.