[HISTORY: Adopted by the Town Meeting of the Town of Milton
as Ch. 4, Sec. 1 - Sec. 17, of the 3-10-1934 General Bylaws. Amendments
noted where applicable.]
The Select Board members shall annually, not less than seven
days before the annual Town meeting, cause to be printed such number
of copies of the annual Town report as they shall determine to be
sufficient for the use of the inhabitants. Such report shall contain
a detailed report of all moneys received into and paid out of the
Town treasury during the financial year next preceding, with such
information and recommendations as the Select Board members may deem
proper; the report of the school committee; the records of the meetings
of the Town held since the last annual report; the report of the collector
of taxes, of receipts, payments and abatements; statements concerning
the conditions and funds of the public library and the cemetery to
be furnished by the trustees thereof respectively, and statements
of all other funds belonging to the Town or held for the benefit of
its inhabitants; a statement of the liability of the Town on bonds,
notes, certificates of indebtedness, or otherwise, and the total money
paid the Town for perpetual care of cemetery lots; and such other
matters as the said report is required by law to contain, or as may
be inserted by the Select Board members under the discretion granted
them by law.
No officer of the Town shall in his official capacity make or
pass upon or participate in making or passing upon, any sale, contract
or agreement or the terms or amount of any payment in which the Town
is interested and in which such officer has any personal interest.
The Warrant Committee shall send to the Select Board members
and to the Town accountant certified copies of all votes whereby transfers
are made out of the Reserve Fund for extraordinary or unforeseen expenditures.
A. The Select
Board members shall have full authority as agents of the Town to institute
and prosecute suits in the name of the Town or its officers in their
official capacity and to appear and defend suits brought against it
or its officers in their official capacity unless otherwise ordered
by a vote of the Town.
B. Whenever
it shall be necessary to execute any deed conveying land or other
instrument required to carry into effect any vote of the Town, the
same shall be executed by the Select Board members, or a majority
thereof, in behalf of the Town, unless otherwise ordered by a vote
of the Town.
The Select Board members shall appoint a Town Accountant who
shall perform the duties prescribed by law. There shall annually be
an audit of the accounts of the Town under the supervision of the
State Director of Accounts, as provided in General Laws, Chapter 44,
Section 35.
Whenever damages may be recovered against the Town under General
Laws Chapter 79, entitled "Eminent Domain," the Select Board members,
unless otherwise provided by vote of the Town, may exercise in the
name and behalf of the Town all the powers granted in Section 39 of
said chapter relative to settlement of damages, assumption of betterments,
offers of settlement, and any other matters in said section contained.
The collector of taxes shall collect, under the title of Town
Collector, all accounts due the Town, excepting interest on investments
of sinking or trust funds. If it shall seem advisable to the Town
collector that suit or suits should be instituted and prosecuted in
the name of the Town in connection with the collection of any accounts
due to the Town, he shall so advise the Select Board members who shall
have authority as agents of the Town to institute and prosecute the
same.
In addition to the authority to them granted by §
30-7, the Select Board members shall have authority as agents of the Town to settle claims against the Town, after receiving the advice of the Town counsel, payment for such settlement to be taken from the appropriation for the law department.
Any Board or Officer in charge of a department may, with the
approval of the Select Board members, sell any personal property or
material not required by said department to an aggregate amount not
exceeding $20,000 in value in any one fiscal year.
Except as otherwise provided by law the Select Board members
shall have custody of deeds, of bonds of Town officers, of insurance
policies and of other similar documents owned by the Town.
A. Contracts for the procurement of supplies, services or real property
by the Town of Milton and contracts for disposing of supplies or real
property by the Town of Milton, shall be governed by the provisions
of Chapter 30B of the Massachusetts General Laws, as amended, or other
applicable provisions of Massachusetts law, as amended.
B. Contracts for construction, reconstruction, alteration, remodeling or repair of a public work or for the purchase of any material including any article, assembly system or component part thereof, shall be governed by the provisions of applicable Massachusetts law, including without limitation Chapter 30B and Chapter
30, Section 39M, as amended.
C. Contracts for the construction, reconstruction, installation, demolition, maintenance of repair of a public building shall be governed by the provisions of applicable Massachusetts law, including without limitation Chapter 30B, Chapter
30, Section 39M, and Chapter 149, Section 44A through L, as amended.
D. In all cases where a Town of Milton department seeks quotations for
a supply or service, that department shall maintain a written record
of the names and addresses of all persons from whom quotations were
sought, the name and addresses of each person or entity who submits
a quotation, the date and amount of each quotation, and a copy of
the quotation.
Every contract for construction work, whether for alterations,
repairs or original construction, the estimated cost of which amounts
to $25,000 or more, shall be accompanied by a suitable bond for the
performance of same, or by the deposit of money or security to the
amount of the estimated cost.
The Town Treasurer shall be the custodian of all moneys, properties
and securities of all trust funds, including Cemetery trust funds,
heretofore or hereafter given, devised or bequeathed to the Town,
and shall with the approval of the Select Board invest and reinvest
the same and expend therefrom moneys as directed by the Select Board.
The Town Treasurer shall have power with the approval of the Select
Board in the name and behalf of the Town to sell, transfer and deliver
any and all securities and properties so held for such prices or considerations
and on such terms and conditions as he and they shall determine. The
foregoing provisions shall be subject to and not in derogation of
any and all directions or provisions made by donors in wills or other
instruments of gift in respect to any such fund or funds.
All Town Officers are required to pay all fees received by them
by virtue of their office into the Town Treasury. Each Town Department
shall on or before July 1st of each year file with the Town Clerk
a schedule of the fees charged by that Department.
The Select Board members are authorized to appoint a Town Administrator
as provide in the General Laws Chapter 41, Section 23A for a term
of one or three years.
A. The Select Board shall establish and appoint a committee of nine
persons to be known as the Capital Improvement Planning Committee.
Said committee shall be composed of one member of the Select Board,
one member of the Warrant Committee, one member of the Planning Board,
one member of the School Committee, one member of the Board of Library
Trustees, the Town Accountant, the Consolidated Facilities Director,
and two members of the community at large. Members shall serve for
a one-year term beginning on the 15th day of August in the year of
appointment. The Committee shall choose its own officers.
[Amended 5-13-2013 ATM
by Art. 46; 10-27-2014 FTM by
Art. 5]
B. The Committee shall study proposed capital projects and improvements
involving major tangible assets and projects which have a useful life
of at least five years and cost over $25,000. All officers, boards
and committees, including the Select Board and the School Committee,
shall, by October 1 of each year, give to the Committee, on forms
prepared by it, information concerning all anticipated projects requiring
Town Meeting action during the ensuing five years. The Committee shall
consider the relative need, impact, timing and cost of these expenditures
and the effect each will have on the financial position of the Town.
No appropriation shall be voted for a capital improvement requested
by a department, board or commission unless the proposed capital improvement
is first submitted to the committee as herein provided.
[Amended 5-1-2017 ATM
by Art. 6]
C. The Committee shall prepare an annual report recommending a capital
improvement budget for the next fiscal year, and a Capital Improvement
Program including recommended capital improvements for the following
five fiscal years. The report shall be submitted to the Select Board
for its consideration and approval. The Board shall submit its approved
Capital Budget to the Warrant Committee, which shall make its recommendation
to Town Meeting for adoption by the Town.
D. Such Capital Improvement Program, after its adoption, shall permit
the expenditure on projects included therein of sums from departmental
budgets for survey, architectural or engineering advice, options or
appraisals, but no such expenditure shall be incurred on projects
which have not been so approved by the Town through the appropriation
of sums in the current year or in prior years, or for preliminary
planning for projects to be undertaken more than 10 years in the future.
[Amended 5-1-2017 ATM
by Art. 6]
E. The Committee's report and the Select Board members' recommended
Capital Budget shall be published in the Town report.