[HISTORY: Sections 15-1 to 15-8 and Ch. 42
of the 1967 Code. Amendments noted where applicable.]
[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.
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bidding procedures, as amended 3-15-1967 ATM by Art. 51, was repealed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for certain contracts, as amended 5-8-1990 ATM by Art. 52, was repealed 10-17-2020 STM by Art.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
his subcontractors, any other subcontractor or other contracting party.
(4)
The term "bidder" includes any bidder, subbidder,
or prospective contractor and his 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 he is currently in
compliance with the provisions of Massachusetts General Laws, Chapter
151B, governing nondiscrimination in employment, and setting forth
the affirmative action he 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:
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"During the performance of this contract the
contractor agrees as follows:
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(1)
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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.
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(2)
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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."
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(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 he 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 he employs and
the location of his 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.
(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 Board of Selectmen.
(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 Board of Selectmen 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.
