[Amended 3-14-1974 ATM by Art. 67]
The financial year shall commence with the first day of July and end with the 30th day of June.
[HISTORY: Sections 15-1 to 15-8 and Ch. 42 of the 1967 Code. Amendments noted where applicable.]
No warrant shall be drawn upon the treasury unless there is sufficient appropriation to pay the same, except for sums by law payable to the commonwealth or county, for final judgments of courts, rebate of water rates, bonds, notes, and scrip of the Town, and interest thereon, and for money payable to the commissioners of the sinking funds, and for other payments required by law.
Whenever the account of an appropriation made for any department of the Town, other than for a special purpose for which the work has not been completed, shows at the end of the fiscal year a balance unexpended, such balance shall revert to the treasury as unappropriated funds. If the amounts appropriated for a specific work exceed the cost of such work and all expenses and liabilities incidental thereto, the balance of such appropriation shall revert to the treasury as unappropriated funds.
No board, committee or officer having charge of any work, the payment for which is in any part to be contributed by private citizens, shall perform said work until a sum has been deposited with the Town Treasurer, upon an estimate made by such board, committee, or officer, sufficient to cover the payment of the portion of said work chargeable to such private citizens.[1]
[1]
Editor's Note: Original § 15-5 of the 1967 Code, which immediately followed this section and dealt with bidding procedures, as amended 3-15-1967 ATM by Art. 51, was repealed 5-2-1978 ATM by Art. 19.
[1]
Editor's Note: Former § 63-5, Security required for certain contracts, as amended 5-8-1990 ATM by Art. 52, was repealed 10-17-2020 STM by Art. 32.
[Added 3-10-1970 ATM by Art. 28]
A.
As used in this section:
(1)
The term "Town agency" includes any board, bureau, commission, committee, department or other agency of the Town of Marblehead, including the School Committee.
(2)
The term "contract" includes any contract, subcontract or other agreement.
(3)
The term "contractor" includes any contractor and the contractor's subcontractors, any other subcontractor or other contracting party.
(4)
The term "bidder" includes any bidder, subbidder, or prospective contractor and their subcontractors, any other subcontractor or other contracting party.
B.
No Town agency shall enter into any contract for the purchase of goods or services or for the construction, maintenance, renovation or repair of any building, structure, street, way, utility or other public work with any contractor which does not take affirmative action to provide equal employment opportunity for all qualified persons without regard to race, color, religion, sex or national origin.
C.
Report.
(1)
Each bidder and each contractor shall include with all bids and all compliance and progress reports submitted to any Town agency a report which shall include:
(a)
A certificate stating that the bidder or contractor is currently in compliance with the provisions of Massachusetts General Laws, Chapter 151B, governing nondiscrimination in employment, and setting forth the affirmative action the bidder or contractor is currently undertaking and will undertake during the contract period to provide equal employment opportunity for all qualified persons without regard to race, color, religion, sex or national origin; and
(b)
A statement in writing, with supporting information signed by an authorized officer or agent on behalf of any labor union or other agency which refers workers or provides or supervises apprenticeship or other training programs with which the bidder or contractor deals, to the effect that the union or other agency's practices and policies do not discriminate on the basis of race, color, religion, sex or national origin; provided, in the event that the union or other agency shall refuse to execute such a statement, the bidder or contractor need only so certify in writing.
(2)
A copy of any such report shall be filed in the office of the Town Clerk and shall upon said filing become a public record.
D.
Contract.
(1)
Every Town agency shall include in every contract hereinafter entered into for the purchase of goods or services or for the construction, maintenance, renovation or repair of any building, structure, street, way, utility or other public works the following provisions:
"During the performance of this contract the contractor agrees as follows: | |||
(1) | The contractor will take affirmative action to ensure that employees are solicited and employed, and that employees are treated during employment, without regard to race, color, religion, sex or national origin. | ||
(2) | The contractor will in all solicitation or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin." | ||
(2)
If the contracting Town agency determines that any contractor is not in compliance with these contract provisions, the contracting agency shall take one or more of the following actions:
(a)
Order the contract terminated in whole or in part;
(b)
Permit continuation of the contract upon the submission of a specified program for immediate compliance;
(c)
Assess liquidated damages of $50 or 1/10 of 1% of the total contract price, whichever is less, for each day that the contractor is found not to be in compliance;
(d)
Withhold payments to the contractor under the contract until the contractor is in compliance;
(e)
Declare the contractor ineligible to bid on future contracts with that agency until the agency finds that such contractor has established and is implementing an affirmative action program.
E.
As used in this section "affirmative action" means positive steps to ensure all qualified persons equal employment opportunity without regard to race, color, religion, sex or national origin at all stages of the employment process: recruitment, selection, placement, promotion, training, layoff and termination. It may include, but is not limited to, the following:
(1)
Inclusion in all solicitations and advertisements for employees of a statement that the contractor is an "Equal Opportunity Employer."
(2)
Placement of solicitations and advertisements for employees in media that reaches minority groups.
(3)
Notification in writing of all recruitment sources that the contractor solicits the referral of applicants without regard to race, color, religion, sex or national origin.
(4)
Direct solicitation of the support of responsible and appropriate community, state and federal agencies to assist in recruitment efforts.
(5)
Participation in, or establishment of, apprenticeship or training programs where outside programs are inadequate or unavailable to minority groups.
(6)
Modification of collective bargaining agreements to eliminate restrictive barriers established by dual lines of seniority, dual rates of pay or dual lines of promotion or progression which are based on race, color, religion, sex or national origin.
(7)
Review of selection, placement, promotion, training, layoff and termination procedures and requirements to ensure that they do not intentionally or unintentionally discriminate against qualified persons because of race, color, religion, sex or national origin.
F.
In determining whether the steps taken or proposed by any bidder or contractor constitute affirmative action under this section, the Town agency shall take into account the relevant characteristics of the bidder or contractor, the number of persons the contractor employs and the location of the contractor's principal and branch offices.
G.
The provisions of this section shall not apply to any contract for less than $10,000, or to bidders and contractors employing fewer than six persons, provided that where the contract is for less than $10,000, but not less than $2,000, any Town agency may apply the provisions of this section to any contract, bidder or contractor.
[Added 2-9-1976 STM by Art. 6]
Notwithstanding any contrary provision of the By-Laws of the Town relating to collective purchasing, but subject, however, to all other laws regulating public purchases and competitive bidding, the Town may, together with the commonwealth, one or more of its cities, towns, districts, counties or authorities, or any combination thereof, make purchases of materials, supplies, equipment or services which it intends to purchase, provided the Town shall accept sole responsibility for any payment due the vendor for its share of such purchase.
[Added 5-6-1991 ATM by Art. 42; amended 5-5-2014 ATM by Art. 31]
Except as otherwise provided by law, all water and sewer charges and bills shall be due within 30 days of the date of mailing. Such charges and bills remaining unpaid after the 30th day after the mailing shall accrue interest at the rate of 14% per annum.
[Added 5-1-2017 ATM by Art. 7]
A.
Purpose.
(1)
This by-law establishes and authorizes revolving funds for use by Town departments, boards, committees, agencies or officers in connection with the operation of programs or activities that generate fees, charges or other receipts to support all or some of the expenses of those programs or activities. These revolving funds are established under and governed by General Laws Chapter 44, § 53E1/2.
B.
Expenditure limitations.
(1)
A department or agency head, board, committee or officer may incur liabilities against and spend monies from a revolving fund established and authorized by this by-law without appropriation subject to the following limitations:
(a)
Fringe benefits of full-time employees whose salaries or wages are paid from the fund shall also be paid from the fund.
(b)
No liability shall be incurred in excess of the available balance of the fund.
(c)
The total amount spent during a fiscal year shall not exceed the amount authorized by Town meeting on or before July 1 of that fiscal year, or any increased amount of that authorization that is later approved during that fiscal year by the select board and finance committee.
C.
Interest.
(1)
Interest earned on monies credited to a revolving fund established by this by-law shall be credited to the general fund.
D.
Procedures and reports.
(1)
Except as provided in General Laws Chapter 44, § 53E1/2 and this by-law, the laws, charter provisions, by-laws, rules, regulations, policies or procedures that govern the receipt and custody of Town monies and the expenditure and payment of Town funds shall apply to the use of a revolving fund established and authorized by this by-law. The Town accountant shall include a statement on the collections credited to each fund, the encumbrances and expenditures charged to the fund and the balance available for expenditure in the regular report the Town accountant auditor provides the department, board, committee, agency or officer on appropriations made for its use.
E.
Authorized revolving funds.
(1)
Historical Commission Gift Shop Revolving Fund.
(a)
There shall be a separate fund called the Historical Commission Gift Shop Revolving Fund authorized for use by the Historical Commission.
(b)
The Finance Director/Town Accountant shall establish the Historical Commission Gift Shop Revolving Fund as a separate account and credit to the fund all of the revenues received by the Historical Commission in connection with the sale of items at the gift shop operated by said commission.
(c)
During each fiscal year, the Historical Commission may incur liabilities against and spend monies from the Historical Commission Revolving Fund for the expenses of operating said gift shop.
(d)
The Historical Commission Revolving Fund shall operate for fiscal years that begin on or after July 1, 2017.
(2)
Recreation and Parks Revolving Fund.
(a)
There shall be a separate fund called the Recreation and Parks Revolving Fund authorized for use by the Recreation and Parks Commission.
(b)
The Finance Director/Town Accountant shall establish the Recreation and Parks Revolving Fund as a separate account and credit to the fund all of the revenues received by the Recreation and Parks Commission from recreation programs, including the teen center, program fees, rentals, miscellaneous sales, promotional fees, $15 of out-of-town parking fees charged on weekends, and various recreational fund raising events.
[Amended 5-6-2019 ATM by Art. 7]
(c)
During each fiscal year, the Recreation and Parks Commission may incur liabilities against and spend monies from the Recreation and Parks Revolving Fund for the expenses related to the teen center, recreation programs, rentals, miscellaneous sales, promotions, and various recreational fund raising activities, including equipment and capital improvements. In addition, $15 of out-of-town parking fees charged on weekends shall be used for capital improvements at Devereux Beach, to support the operations at Devereux Beach and to support operations of the Recreation and Parks Department.
[Amended 5-6-2019 ATM by Art. 7]
(d)
The Recreation and Parks Revolving Fund shall operate for fiscal years that begin on or after July 1, 2017.
(3)
Council on Aging Revolving Fund.
(a)
There shall be a separate fund called the Council on Aging Revolving Fund authorized for use by the Council on Aging Director.
(b)
The Finance Director/Town Accountant shall establish the Council on Aging Revolving Fund as a separate account and credit to the fund all of the revenues received by the Council on Aging Director from the Meals on Wheels and nutrition programs, mini-bus donations, trips, miscellaneous programs, instructional classes, recreational programs, games and tournaments, luncheons and entertainment, and other activities, including program fees, fund raising, rentals, miscellaneous sales and promotional fees.
(c)
During each fiscal year, the Council on Aging Director may incur liabilities against and spend monies from the Council on Aging Revolving Fund for the expenses related to the aforementioned activities and trips in Subsection E(3)(b), including equipment and promotions.
(d)
The Council on Aging Revolving Fund shall operate for fiscal years that begin on or after July 1, 2017.
(4)
Dog Officer/Animal Control Officer Revolving Fund.
(a)
There shall be a separate fund called the Dog Officer/Animal Control Officer Revolving Fund authorized for use by the Dog Officer/Animal Control Officer.
(b)
The Finance Director/Town Accountant shall establish the Dog Officer/Animal Control Officer Revolving Fund as a separate account and credit to the fund all of the revenues received by the Dog Officer/Animal Control Officer in connection with fees, reimbursements, deposits and refunds of animal medical expenses, including spay and neuter expenses, miscellaneous other sales and various fund raising events.
(c)
During each fiscal year, the Dog Officer/Animal Control Officer may incur liabilities against and spend monies from the Dog Officer/Animal Control Officer Revolving Fund for the expenses related to the aforementioned programs and activities in Subsection E(4)(b), including medical bills, animal food, pet supplies, equipment, and promotional expenses.
(d)
The Dog Officer/Animal Control Officer Revolving Fund shall operate for fiscal years that begin on or after July 1, 2017.
(5)
Commercial Waste Revolving Fund.
(a)
There shall be a separate fund called the Commercial Waste Revolving Fund authorized for use by the Board of Health.
(b)
The Finance Director/Town Accountant shall establish the Commercial Waste Revolving Fund as a separate account and credit to the fund all of the revenues received by the Board of Health in connection with commercial waste disposal receipts.
(c)
During each fiscal year, the Board of Health may incur liabilities against and spend monies from the Commercial Waste Revolving Fund for expenses related to solid waste disposal.
(d)
The Commercial Waste Revolving Fund shall operate for fiscal years that begin on or after July 1, 2017.
(6)
Conservation Fines Revolving Fund.
(a)
There shall be a separate fund called the Conservation Fines Revolving Fund authorized for use by the Conservation Commission.
(b)
The Finance Director/Town Accountant shall establish the Conservation Fines Revolving Fund as a separate account and credit to the fund all of the revenues received by the Conservation Commission in connection with receipts from fines assessed by the Commission.
(c)
During each fiscal year, the Conservation Commission may incur liabilities against and spend monies from the Conservation Fines Revolving Fund for expenses related to the study or implementation of remediation of wetland violations and the study or environmental remediation of municipal properties and for the care and maintenance of lands under the control and jurisdiction of the Commission.
(d)
The Conservation Fines Revolving Fund shall operate for fiscal years that begin on or after July 1, 2017.
(7)
Sump Pump Improvement Revolving Fund.
(a)
There shall be a separate fund called the Sump Pump Improvement Revolving Fund authorized for use by the Sewer and Water Commission.
(b)
The Finance Director/Town Accountant shall establish the Sump Pump Improvement Revolving Fund as a separate account and credit to the fund all of the revenues received by the Sewer and Water Commission in connection with receipts from permitting fees.
(c)
During each fiscal year, the Sewer and Water Commission may incur liabilities against and spend monies from the Sump Pump Improvement Revolving Fund for expenses related to the removal of sump pumps currently tied into the sewer system.
(d)
The Sump Pump Improvement Revolving Fund shall operate for fiscal years that begin on or after July 1, 2017.
(8)
Special Education Revolving Fund.
(a)
There shall be a separate fund called the Special Education Revolving Fund authorized for use by the School Committee.
(b)
The Finance Director/Town Accountant shall establish the Special Education Revolving Fund as a separate account and credit to the fund all of the revenues received by the School Committee in connection with tuition collected for special education students in Marblehead Public Schools and from funds collected to pay for the other special education contracted services for out-of-district special education students being provided service through the North Shore Special Education Consortium and other approved special education public and private placements.
(c)
During each fiscal year, the School Committee may incur liabilities against and spend monies from the Special Education Revolving Fund for expenses directly related to the special education programs provided to out-of-district students.
(d)
The Special Education Revolving Fund shall operate for fiscal years that begin on or after July 1, 2017.
(9)
Storm Water By-Law Revolving Fund.
(a)
There shall be a separate fund called the Storm Water By-Law Revolving Fund authorized for use by the Conservation Commission.
(b)
The Finance Director/Town Accountant shall establish the Storm Water By-Law Revolving Fund as a separate account and credit to the fund all of the revenues received by the Conservation Commission in connection with receipts from application fees associated with the Town's stormwater management and erosion control regulations.
(c)
During each fiscal year, the Conservation Commission may incur liabilities against and spend monies from the Storm Water By-Law Revolving Fund for expenses related to the enforcement and administration of the storm water by-law.
(d)
The Storm Water By-Law Revolving Fund shall operate for fiscal years that begin on or after July 1, 2017.
(10)
Street Opening Revolving Fund.
(a)
There shall be a separate fund called the Street Opening Revolving Fund authorized for use by the Director of Public Works.
(b)
The Finance Director/Town Accountant shall establish the Street Opening Revolving Fund as a separate account and credit to the fund all of the revenues received by the Director of Public Works in connection with street opening permits.
(c)
During each fiscal year, the Director of Public Works may incur liabilities against and spend monies from the Street Opening Revolving Fund for expenses related to opening various public ways for the purposes of utility work and making repairs to public ways and sidewalks.
[Amended 5-6-2024 ATM by Art. 5]
(d)
The Street Opening Revolving Fund shall operate for fiscal years that begin on or after July 1, 2017.
(11)
Vaccine Revolving Fund.
(a)
There shall be a separate fund called the Vaccine Revolving Fund authorized for use by the Board of Health.
(b)
The Finance Director/Town Accountant shall establish the Vaccine Revolving Fund as a separate account and credit to the fund all of the revenues received by the Board of Health in connection with receipts from flu clinics.
(c)
During each fiscal year, the Board of Health may incur liabilities against and spend monies from the Vaccine Revolving Fund for expenses related to operating said flu clinics.
(d)
The Vaccine Revolving Fund shall operate for fiscal years that begin on or after July 1, 2017.
(12)
Hobbs Memorial Building Revolving Fund.
[Added 5-3-2021 ATM by Art. 7]
(a)
There shall be a separate fund called the Samuel Hobbs Memorial Building Revolving Fund authorized for use by the Select Board.
(b)
The Finance Director/Town Accountant shall establish the Samuel Hobbs Memorial Building Revolving Fund as a separate account and credit to the fund all of the revenues received by the Samuel Hobbs Memorial Building in connection with receipts from the Samuel Hobbs Memorial Building.
(c)
During each fiscal year, the Select Board may incur liabilities against and spend monies from the Samuel Hobbs Memorial Building Revolving Fund for expenses related to operating maintenance and repair of the building.
(d)
The Samuel Hobbs Memorial Building Revolving Fund shall operate for the fiscal year that begins on July 1, 2021.
(13)
School Transportation Revolving Fund.
[Added 5-1-2023 ATM by Art. 8]
(a)
There shall be a separate fund called the "School Transportation Revolving Fund" authorized for use by the School Committee.
(b)
The Finance Director/Town Accountant shall establish the School Transportation Revolving Fund as a separate account and credit to the fund all of the revenues received by the School Committee in connection with transportation expenses for the pay-to-ride bus program. Said revenues shall be collected from parent fees associated with said program.
(c)
During each fiscal year, the School Committee may incur liabilities against and spend monies from the School Transportation Revolving Fund for expenses related to school transportation operations not to exceed $500,000 for FY2024.
(d)
The School Transportation Revolving Fund shall operate for the fiscal year that begins on July 1, 2023.
