Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H2052 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 of 1
2	2	HOUSE DOCKET, NO. 1995 FILED ON: 1/19/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 2052
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Colleen M. Garry
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act establishing a department of public works in the town of Tyngsborough.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Colleen M. Garry36th Middlesex1/18/2023 1 of 4
16	16	HOUSE DOCKET, NO. 1995 FILED ON: 1/19/2023
17	17	HOUSE . . . . . . . . . . . . . . . No. 2052
18	18	By Representative Garry of Dracut, a petition (accompanied by bill, House, No. 2052) of Colleen
19	19	M. Garry (by vote of the town) relative to establishing a department of public works in the town
20	20	of Tyngsborough. Municipalities and Regional Government. [Local Approval Received.]
21	21	The Commonwealth of Massachusetts
22	22	_______________
23	23	In the One Hundred and Ninety-Third General Court
24	24	(2023-2024)
25	25	_______________
26	26	An Act establishing a department of public works in the town of Tyngsborough.
27	27	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
28	28	of the same, as follows:
29	29	1 Section 1. Establishment and Scope. There shall be a department of public works
30	30	2responsible for the performance of all public works activities of the town placed under its control
31	31	3by by-law, or otherwise, including but not limited to forestry services, protection of natural
32	32	4resources, cemetery, parks, recreation, sewers and sewerage systems, street and roads, and
33	33	5maintenance of all buildings and grounds, other than those under the jurisdiction of the school
34	34	6department, board of library trustees, and the conservation commission, unless otherwise agreed
35	35	7by the department.
36	36	8 Powers and Duties. The department of public works shall assume all of the duties and
37	37	9responsibilities in the performance of public works functions, including but not limited to those
38	38	10performed prior to the adoption of the Act by and under the authority of the tree warden, park
39	39	11commission, cemetery commission, board of highway surveyors or road commissioners, and
40	40	12select board. The department of public works shall assume limited duties and responsibilities in 2 of 4
41	41	13the performance of public works functions related to the sewer commission as described in
42	42	14section 5 of this Act.
43	43	15 Section 2. Superintendent of Public Works. The department of public works shall be
44	44	16under the direct control of a superintendent of public works who shall be appointed by the town
45	45	17manager and who shall serve at the pleasure of, and be directly responsible to, the town manager.
46	46	18The superintendent shall be a person especially fitted by education, training and previous
47	47	19experience to perform the duties of the office.
48	48	20 2.1 Role and Authority. The superintendent of public works shall be responsible for the
49	49	21supervision and coordination of the department in accordance with state statutes, town by-laws,
50	50	22and directives of the town manager. The superintendent may, with the approval of the town
51	51	23manager and select board, establish within the department various operational divisions, such as,
52	52	24but not limited to, highway, facilities, parks and sewers.
53	53	25 Section 3. Department Policy Formulation. Unless otherwise described in section 5 of
54	54	26this Act, the select board shall be responsible for the establishment of priorities and policies to
55	55	27govern the operation of the department, and through the town manager, shall have ultimate
56	56	28responsibility therefor.
57	57	29 Section 4. Transition. As of the effective date of this act, the offices of board of highway
58	58	30surveyors or road commissioners, by whatever name, and the cemetery commission shall be
59	59	31abolished, the terms of any incumbents thereof terminated and all powers, duties and
60	60	32responsibilities of such offices shall be immediately transferred to the department of public
61	61	33works. No existing contract or liability shall be affected by the abolition or change in the manner
62	62	34of selection of any board or office in this section or the creation of the department of public 3 of 4
63	63	35works, and the department of public works shall in all respects be the lawful successor of such
64	64	36boards, departments and offices so abolished. Any permanent employee of any of the boards or
65	65	37committees or departments abolished by the creation of the department of public works or of a
66	66	38department whose authority has changed as a result thereof, shall be transferred to and become
67	67	39an employee of the department of public works in a capacity as similar to the employee's former
68	68	40position as is practical without loss of seniority, retirement, holiday, sick leave, or vacation. Until
69	69	41such time as a superintendent of public works is appointed, the town manager shall act as the
70	70	42superintendent of public works.
71	71	43 Section 5. Board of sewer commissioners. Notwithstanding any other provision of this act
72	72	44to the contrary, the incumbent members of the board of sewer commissioners, referred to as the
73	73	45"sewer commission" both herein and as of the effective date of this act, shall remain elected. The
74	74	46sewer commission shall continue to serve as the authority with respect to any sewer construction
75	75	47projects ongoing at the time this Act takes effect, as well as with any future sewer expansion
76	76	48phases, setting sewer rates, and ensuring compliance with the sewer enterprise fund in
77	77	49accordance with G.L. c. 44 section 53F1/2, including review of all expenditures from the
78	78	50enterprise fund on a regular basis. The superintendent of public works shall serve in an advisory
79	79	51capacity, and provide technical assistance, to the sewer commission on matters within the
80	80	52commission's authority as described in this section. The Sewer Commission shall serve in an
81	81	53advisory capacity to the Board of Selectmen on intermunicipal agreements affecting the town's
82	82	54sewer system, capacity, or flow.
83	83	55 5.1 Setting of Rates and Promulgation of Regulations. The board of sewer commissioners
84	84	56shall be authorized to set sewer rates and promulgate regulations in connection with the scope of
85	85	57authority of the department of public works. Prior to taking any action hereunder, however, the 4 of 4
86	86	58sewer commission shall, in conjunction with the superintendent of public works, hold a public
87	87	59hearing for which notice is published in a newspaper of general circulation in the town once in
88	88	60each of two successive weeks, the first publication to be not less than fourteen days before the
89	89	61day of said hearing, and by posting such notice in a conspicuous place in or at town hall for a
90	90	62period of not less than fourteen days before the day of said hearing.
91	91	63 5.2 Role of the superintendent of public works. The department of public works, under
92	92	64the authority of a superintendent of public works, shall be responsible for the maintenance of the
93	93	65existing sewer system, day-to-day operations, employees, contracting and procurement, and
94	94	66other matters not under the authority of the board of sewer commissioners as outlined in sections
95	95	675 and 5.1 of this Act. Appointments at the level of Sewer Senior Foreman or above, including
96	96	68Sewer Administrator, shall be made only after consultation with the sewer commission but shall
97	97	69be the responsibility of the Town Manager per the Act establishing the position of Town
98	98	70Manager in the town of Tyngsborough. Contracts related to any sewer construction projects
99	99	71ongoing at the time this Act takes effect, as well as any future sewer construction expansion
100	100	72phases, shall be approved and signed by the sewer commission. The superintendent of public
101	101	73works shall have a voice, but no vote, in any of the sewer commission's proceedings.
102	102	74 5.3 Completion of work. The board of sewer commissioners may, by unanimous vote of
103	103	75the full commission, and after holding a public hearing, determine that no future phases of sewer
104	104	76expansion are required and that the commission shall be abolished. In this instance, the
105	105	77remaining powers and duties of the board will, effective immediately upon abolition of the board
106	106	78of sewer commissioners, transfer to the department of public works in a manner consistent with
107	107	79section 4 of this Act, and the select board shall be responsible for holding public hearings to set
108	108	80sewer rates and promulgate regulations in accordance with section 5.1 of this Act.