General Laws, Dartmouth Charter and contracts

I want to present some of the legal background for the current controversy about the executive administrators contract. I need to point out that I am not an attorney but this is what I have gleaned from various sources. The Select Board has had legal advice on this matter and was advised that we were within our rights to take the action that we did. That doesn't mean there will not be a suit, just that there is a legal basis of argument for our action.
Massachusetts General Law has a specific section dealing with the contract of town executives, MGL 41, section 108N . Here are a few excerpts from that section

"any city or town acting through its board of selectmen ... may establish an employment contract for a period of time ...for its ,,, town administrator"

That section also says, ...

...MGL 41, section 108N

"Said contract shall be in accordance with and subject to the provisions of the city or town charter and shall prevail over any conflicting provision of any local personnel by-law, ordinance, rule, or regulation."

and

"Nothing contained in this section shall affect the appointment or removal powers of any city or town over its ... town administrator, ... nor shall it grant tenure to such officer"

The Dartmouth Town Charter(MS Word format) says in Section 4-4,

"An executive administrator shall be appointed by the select board for terms not to exceed three years. During the term of appointment the executive administrator may only be removed for cause after notice stating the reasons for removal, with the right to a hearing, and by a vote of at least three members of the select board."

And in section 6-9, the Charter states,

"Any appointed town officer ... whether appointed for a fixed or an indefinite term, may, for good cause, be suspended or removed from office, without compensation, by the officer or multiple member body which appoints such officers ... The term cause shall include, but not be limited to the following: incapacity other than temporary illness, inefficiency, insubordination and conduct unbecoming the office"

and from the same section,

"Nothing in this section shall be construed as granting a right to such a hearing when a person who has been appointed for a fixed term is not reappointed when a fixed term expires. "

The executive administrator's contract has these provisions,

"4. RENEWAL:
This Agreement shall be renewed under the current terms except for ‘good/just cause’ as defined in the Town Charter, Sec. 6-9. In the event this agreement is re-negotiated but not executed in a timely manner by the TOWN through no fault of the EMPLOYEE, the EMPLOYEE shall continue employment under the full terms and conditions of her (sic)last agreement until such time the EMPLOYEE receives an executed copy of his renegotiated agreement. EMPLOYEE shall be entitled to retroactive payment of any salary and/or benefits increases due to late execution of agreement.

The contract language seems to conflict with both Mass General Law and the Town Charter as to the term of appointment, tenure, and the rights of the Select Board to appoint the executive administrator. Click here to read on!

Have a good Thanksgiving!

Thanksgiving may be my favorite holiday. Nothing but a feast to prepare and to share with friends and family. Time to reflect on the blessings that have come my way. My wife, my children, my home and country.
I'll probably not be posting for the next few days. Here are some excerpts from previous posts to read in the meantime.
Tone and substance

One of the goals that I have in creating this blog and in running for Select Board is to raise the level of discussion in the town. While I disagree with the positions taken by LizO, Phil Lenz, Kathleen or TheSherpa/Kali in comments on this blog, that's it. We disagree. I have not questioned their reasonableness or their good intentions. They have laid out their side and I have argued mine. I'm sure they are good people who want the best for their families and the town. What we have are philosophical differences. (...) I think the town understands the need for more funding but wants priorities set, some cuts, and a commitment going forward to try to live within our means. My take is that the townspeople lack confidence in the current administration to get that done.

...

... Take it for what it is

I think it is important that we not ascribe criticism leveled at ourselves, or town leaders, or anyone else to some sort of bad faith, mean-spiritedness, or personal vendetta. I hope that those who comment here are genuinely interested in resolving the fiscal problems in Dartmouth. We may disagree with town leaders and each other, but it's not personal. We have differences, that's all. If we discuss them civilly and reasonably, all can come to a better understanding of the goals and objectives of the other side. Some may be persuaded and some may not. Even if the differences persist, we have all gained insight, sharpened our logical arguments, and perhaps, found common ground.

Citizens and the public forum

There are many citizens of Dartmouth who give of their time and talents to serve the town. The list is lengthy and runs from PTOs, COA, town boards and committees, Town Meeting, Select Board, and many others. Some citizens, while not serving as elected or appointed officials, contribute by attending meetings and adding their perspectives, asking questions, and giving advice. The citizens of this town are her greatest resource! In any government or organization, there are bound to be disagreements and differences of opinion. That is to be expected.
What I find disturbing right now in our town is the lack of civil discourse that occurs when these differences crop up. While I may disagree on an issue with Ellen, Barry, Liz, Nat, Henry, or Phil, I don't think they are bad people. I just disagree on a certain issue. There are some other issues that may come up on which we then might agree. And I am sure that I should I meet any of them at the beach or school event or other function, we'd all have a nice time together. I suggest that when thinking about these differences, both sides keep in mind that those on the other side are just like them. They love their children and families, go to work, school and church, play, suffer personal tragedies and triumphs. They don't hate you, wish you ill, or want to hurt you in any way. They have a different opinion, that's all.
Those others, as citizens, have the same right as you do to advance their arguments in the public forum, in newspaper opinions, public meetings, and even the blogosphere. The public is well able to discern what they will take or leave from the arguments of both sides. So inform them, convince them, make the best argument that you can. The people will see through demagoguery, deception or dishonesty and chose what is best for them. In our democratic system, everyone gets a say but the electorate decides.

Eat turkey, hug the cook, be excellent to each other, reflect on those less fortunate, give thanks.
Happy Thanksgiving!
Click here to read on!

Select Board will discuss Executive Administrator contract

Re: Select Board Agenda December 1, 2008
Dear Mr. Gagne,
Please add to the agenda for the December 1, 2008 meeting of the Select Board a discussion and vote concerning the status of the contract of the Executive Administrator.
Please post the required notice with the Town Clerk and in accordance with the statutory requirements. Should there be any questions please feel free to contact me.

Very truly yours,
Joseph L. Michaud
Chair, Selectboard

As before, I will not comment on the executive meeting discussions but as you can see, we will be having the discussion in public very soon.
Click here to read on!

The Select Board and Zoning Board will meet tomorrow

Select Board and Zoning Board of Appeals will meet tomorrow to decide Dartmouth Power's application to expand their plant. I think that the expansion will be approved. The new equipment will add about $9,000 to our tax rolls. If approved, the plant will grant the town a lease ...

...of 10 arces for $1 next to their plant which could be used for energy production. The details of how that energy would be produced are not known at this time. The parcel is too small for a typical wind turbine which would require 25 acres under the zoning bylaws
Click here to read on!

Thanks from Cans Across the Park

Frankg writes,

I want to thank all those that helped make the annual Cans Across the Park event a success for this year. We collected enough items to cross the entire park and return 1/2 way. The total was within a few items of 6700.
Our COA participated in the proceeds and were able to get a large amount of the items, as much as they could handle and store, which was more than last year. The rest went to the regional Red Cross and a couple of church food pantries in the area.
I have to admit that this was the most brutal it has ever been in the 17 years,...

...weather wise. We set up situations so the helpers could take some time to get warm when they wanted, and especially the kids who we made sure were safe from the conditions. It was impressive that none of the team wanted to leave before it was over. We have worked in windy conditions before, and have had to deal with plastic bags and such blowing around the park, needing retrieval, but this year we even had some food items impacted. Some of the cans kept rolling away from the line, and this kept us busier than usual.
I also appreciate those that stopped to chat for a few minutes with me, I enjoyed the conversations.
Thanks again to those that contributed to the cause, you have helped fill a growing need.
Frank

A heartfelt thank you to all who contributed food and all who helped to collect it. Happy Thanksgiving and God bless us, every one.
Click here to read on!

Wind turbines in Dartmouth's future?

Dr. Ron DiPippo presented a report at the last Select Board meeting on the findings of the Alternative Energy Committee regarding wind power possibilities in Dartmouth's future. Bob Barboza of the Chronicle wrote about the meeting and report in this article.
I have some background in power generation, and as an engineer, I'd like to go over a few points about the presentation. As Dr. DiPippo presented, the average wind speed as measured or calculated was about 6.93 meters per second at 100 meters (330 ft) above the ground. That information in itself does not tell the whole story. Wind turbine power is a function of wind speed. Most commercial sized wind turbines have a cut-in speed of about 3.5 to 4 m/s, they generate nothing below that wind speed. Commercial sized wind turbines have a cut-out speed of about 12-14 m/s. They generate nothing above that wind speed. Let's look at why this is so.
At the low end, you must overcome inertia and friction to start and keep the blades turning. At the high end, the wind power is so great that it will accelerate the turbine blades to dangerous speeds because the generator is maxed out on power and cannot produce more electricity, added power beyond that goes into blade acceleration. The turbine blades spin faster and faster until it flies apart. This cut-in/cut-out band is caused by a trade-off between the two ends. Increasing the turbine's generator size, and therefore the cut-out wind speed, increases the inertia needed to start the blades turning and raises the cut-in wind speed. A smaller turbine has less inertia and a lower cut-in wind speed but reaches maximum output sooner, and therefore the cut-out wind speed is lower.
The usable wind speed band is very narrow due to the relationship of available power from the wind and wind speed. The power available from wind varies with the cube of wind speed. Stated another way, wind power increases 8 times (2X2X2) for every doubling of wind speed.
The available energy from a 2 m/s (4.5mph) breeze is about 5 watts per square meter(W/m2). Double that wind speed to 4 m/s (9mph) and you have about 40 W/m2 available. Double wind speed again to 8m/s (18mph) and there are about 320 W/m2 available. And at wind speed of 16 m/s (36mph), the available power is a whopping 2560 W/m2. Doubling the speed again to 72mph, just below hurricane strength, and you have an eye-popping 20,460 W/m2. No wonder hurricanes are so destructive! The graph at the left is the power curve for a 1.5 MW GE wind turbine. The y axis units are kilowatts (kW.) More after the jump ...


As you can see the power of a wind turbine does not vary linearly with wind speed, so the average wind speed is not as important as the distribution of wind speed. Most of the wind turbines generation takes place at times of high wind speed and none below the cut-in speed. Using the average wind speed will cause the predicted output to be low. Happily, there are statistical methods to make the correction. The one most commonly used is to assume a Rayleigh distribution for the wind speed from a given mean or average. The chart at the right shows the predicted annual power output of a 1.5MW GE wind turbine versus average wind speed. The distribution of wind speed is assumed to be a standard Rayleigh distribution. The units of the y axis are kilowatt/hours(kW/h). From the graph, Dartmouth could expect annual generation of about 4,000,000kW/h at the 6.93 m/s average wind speed measured. Given that annual generation and assuming the cost of electricity is $.10 kW/h, the town could save $400,000 annually on electricity costs. We would save on transmission tariffs as well which further add to the savings. Dr. DiPippo has the wind speed data at 10 minute intervals for a year, so an engineering firm could more precisely calculate the generation. The engineers would also factor in the initial cost to procure and erect the turbine, maintenance and repair costs, and the cost of the borrowing to determine if a wind turbine installation makes economic sense for the town. That study is what Mr. Gagne has commissioned. Here are some resources to learn more about wind turbines, GE Wind Turbines, Vesta wind turbines, Siemens Wind Turbines, Gamesa Wind Turbines, Wikipedia article about wind turbines
Click here to read on!

Mr. Kevin Lee on change

In comments to this post, Disappointed said,

I am very disappointed to see Mr. Lynam's op ed piece on this blog. Mr. Trimble, you had decided not to allow comments to your post about the executive session where Mr. Gagne was told that his contract would not be renewed. So be it . . .that's fair. I don't believe the same can be said of choosing to post op ed pieces that reflect only one point of view. Please give this some thought and, in fairness, post all the op ed pieces on the topic or none of them.

And Wally said,

Bill, I agree with anonymous that wants you to post letters to the editor from both sides of the executive administrator issue. Could you post Kevin Lee's letter so we can hammer it soundly into oblivion?

Here is the link to Mr. Lee. In my reading of his argument,...

... I find one valid point of argument,

As our community struggles with the current financial crisis, we need the experience, dedication and proven record of Michael Gagne as the town's executive administrator.

As has been reported in the Standard Times, a majority of the Select Board has a different opinion.
Most of the rest of his arguments are beside the point or factually incorrect. For example, he cites the timing of this action.

This happened after the fall Town Meeting, before the annual spring elections, and near the beginning of the holiday season, a time when people's attention turns to anything but town affairs.

The decision to appoint a town administrator is given to the Select Board, as I pointed out in this post. Town Meeting has nothing to do with it, the present appointment expires in February and that is when the appointment can be made.
He gets his facts wrong,

But the more factual and distasteful answer is this: Ms. Gilbert and Mr. Trimble, the last two selectmen elected, came into office largely with the help of the anti-government and anti-tax "let's throw them out" bloc of voters.
Bold emphasis mine

I was elected in April 2008, but April 2007 saw Mr. Michaud's election and Ms. Dias' re-election. Ms. Gilbert was elected and Mr. Carney re-elected in 2006. I guess the "Let's throw them out" crowd split in the 06 or 07 town elections. Or are voters actually choosing those candidates whose views they support?
Mr. Lee mentions state audits done without finding malfeasance and salary surveys showing competitive wages. And that tells us what? The town should expect good management and proper compensation.
Next, he asks,

Chairman Michaud has long stated publicly that he wanted to take the town in a new direction. So we now see what the current majority of the board has in mind. If this is so, why have we, the citizenry, not been apprised of the new direction that the Select Board majority has in mind for us?

I think a fair review of the record of the Select Board over the past couple years reveals the answer. Hence the Budget and Revenue Task Force was commissioned, the Privatization Committee created, the Personnel Board resurrected, a new "reverse budgeting" policy created and employed, a new policy on one time revenue adopted, a list of override questions were formulated and put the the voters along with accompanying discussions about the future. Looking at the record, one could reasonably conclude that the Select Board wanted to change things.
Those interested in my views can read this blog. I suggest starting here and here.
There is my response to Mr. Lee's arguments. Comment below.
Click here to read on!

Report from Select Board, Finance and School Committee meeting

The Finance Committee, Select, Board and School Committee met jointly tonight. You can find the meeting agenda here.
The Budget Director, Mr. Iacaponi, presented a revenue projection for FY10. Given the current fiscal situation in the nation and state, he felt that the funds available for budget preparation purposes would be $68,733,376, a 1% increase from FY09. The tax levy will grow 2-1/2% but he projected a 10% decrease in local receipts and no increase in state aid. The Finance Committee and Select Board voted unanimously to use that figure for budgeting purposes for FY10.
Mr Iacaponi then presented a expenditure projection which, ...

... when compared to the projected revenue, leaves an $818,794 deficit for the next fiscal year(FY10). That spending projection does not include any funds for increased wages and salary for non-school town employees. Mr. Iacaponi estimated that the cost of every 1% increase in wages and salary negotiated with the town bargaining units would be $109,913. The $109K figure does not include increases in benefits due to the wage increases.
The School Business Manager, Mr Cordeiro, presented an updated version of the school department's capital project requests. The application has been made to the state for the Quinnn school window project. The Town Meeting agreed to fund that project if the state will pay 50% or more of the $1.3 million cost.
School FY10 capital spending requests totaled about $1.5 million. The projects include middle school renovations, school security cameras, and disabled person access projects.
There was a brief discussion on a $300K grant which was obtained by our state representatives. It was decided to appropriate those funds at Spring Town Meeting.
Finally, Mr. Lynam presented a policy for the Stabilization Fund that sets a goal of 10% of the operating budget and sets the timetable to reach that goal at 5 years. I offered an amendment to set the goal at 10% of the tax levy. My motion failed to get a second. The joint Finance Committee and Select Board then adopted the new Stabilization Fund policy unanimously. You can find the new policy here at this previous posting.(look below the break)
Click here to read on!

Mr. Lynam on change

Mr. Lynam of the Finance Committee addressed our executive administrator situation in this op-ed letter in today's Standard Times.
What do you think?

I say, well stated.
Click here to read on!

Recycling markets tank, refuse costs up?

The Greater New Bedford Refuse District has seen revenues from recycled materials plummet in the past few months. The net result is decreased revenue and possibly even increased cost for disposing of recycled materials like paper, plastics and metals. The district reports ...

...

Paper :
The price paid for paper delivered to A.W. Martin this summer hit a high of $110 / ton ...... it is currently $0 due to the fact that China has stopped buying paper. Some customers may have to PAY to recycle their paper. At the moment, Martin has agreed to continue to accept our paper at $0 / ton. Cardboard also is $0 / ton. This downturn is expected to hold until at least March.

Commingled Containers [ the combined curbside pickup of plastic and metal] :
Allied, in Brockton, buys such waste and had been paying $12/ton ... current price is $0/ton and some customers are now paying [ negative tip fee ] to process commingled containers. It is entirely possible that we will have to pay as well.

Scrap Metal :
The rate went as high as $200/gross ton, dropped to $30/gross ton and is currently at $60/gross ton. The rate is expected to bounce around for a while but will continue to generate some revenue.

Click here to read on!

Agenda for joint meeting with Finance and School Comm's

Agenda:

7PM Revenue Projections (Ed)

7:30 Net school spending (Ed/ Manny)
Voke assessment
Impact of enrollment changes

7:55 Capital needs for schools (Dr. Russell)
Pothole money discussion,

8:15 Stab fund policy (Greg)

8:30 Executive Session on Contract negotiations (town wide parameters for upcoming contracts)

9:00 Adjourn

A draft of Stab fund policy for consideration...

...Finance Committee Stab Fund Policy

Background
A healthy fund balance provides a cushion in the event of natural disasters and stabilizes our budgets against slumps in local revenues and unexpected cuts in State Aid funds in times of extreme fiscal stress. It enables us to save significantly on our General Liability insurance’s by using higher deductibles and insulates us against large and unexpected court judgments as well as large and continuing injury liabilities.
Goal:
The Town should maintain a balance in the Stabilization Fund equal to 10% of the annual operating budget. In the event that the balance drops below that amount, the town should develop a proactive plan to restore that balance as quickly as reasonably attainable, but in all cases within a maximum of five years.
To initially reach the targeted balance, the town should commit to an accelerated schedule that uses one-time revenues, during the years 2009 through 2013. Thereafter as the Town’s budget grows, the town should continue annual contributions from interest earned and additional deposits from onetime revenues as necessary to maintain a balance of 10% of the current year’s operating budget.
Uses:
Interest revenue from the stabilization fund that exceeds the required contribution shall be treated as a one-time revenue and shall applied to any capital projects consistent with the policy on one-time revenues. Principle in the Stabilization Fund shall only be used for the following purposes:
1 - Stabilizing the Town's finances in times of unexpected reductions in already appropriated revenues. Future Stabilization Fund targets and time lines to be adjusted to repay these monies to the fund within a five year period.
2 - Short term financing of medium sized capital projects with the intent of avoiding or reducing the borrowing costs associated with a given project. In this case, the money used should be borrowed from the Stabilization Fund and repaid on a schedule that does not exceed 5 years.
3 - Payment of unexpected legal judgments, insurance obligations or resulting from natural disasters beyond the normal capacity of the operating budget to absorb. Future Stabilization Fund targets and time lines to be adjusted to repay these monies to the fund within a 5 yr plan.
Accountability:
The Town Meeting shall be apprised of the Stabilization Fund's balance and progress toward the goal at both the Spring and Fall Annual Town Meetings along with the reasons for any failure, or expected failure, to meet the yearly target or goal and the actions taken to remedy the situation.And here is the rest.
Click here to read on!

Town Charter provisions on appointments

The following are what I believe to be the applicable sections of the town charter on appointment of the executive administrator:

Section 3-2 Select Board
(d)Appointments - The select board shall appoint an executive administrator, a town counsel, constables, a board of registrars of voters, a board of appeals, and conservation commission and such other members of multiple member bodies the functions of which do not involve direct operating responsibilities but are primarily policy making or advisory in nature, and other individuals who are to serve as representatives of the town to the governing or advisory bodies of area, regional or district authorities and where no other provision is made for appointments in the law or agreement establishing such entity.
Section 4-4 Department of the Executive Administrator
(a) Appointment - An executive administrator shall be appointed by the select board for terms not to exceed three years. During the term of appointment the executive administrator may only be removed for cause after notice stating the reasons for removal, with the right to a hearing, and by a vote of at least three members of the select board.
Section 6-9 Removals and Suspensions
Any appointed town officer, member of a multiple member body or employee of the town, not subject to the provisions of the state civil service law, or covered by the terms of a collective bargaining agreement which provides a different method, and whether appointed for a fixed or an indefinite term, may, for good cause, be suspended or removed from office, without compensation, by the officer or multiple member body which appoints such officers, members of multiple member bodies, or employees. The term cause shall include, but not be limited to the following: incapacity other than temporary illness, inefficiency, insubordination and conduct unbecoming the office
(c ) …Nothing in this section shall be construed as granting a right to such a hearing when a person who has been appointed for a fixed term is not reappointed when a fixed term expires.

You can find the entire town charter here in MS Word format.
The italicized and underlined portions in the exerpts above are mine and not in the original. It is ...

... a fairly brief document (only 19 pages) and you may find some of the other provisions informative.
Mr. Gagne's attorney, Mrs. Ehrenberg, said in this article in the Standard Times today that the reason for the non-renewal was that the majority of the Select Board wants "a new direction". That was confirmed by Mr. Michaud according to the Standard-Times and I will confirm that as well here.
I am not pleased that this matter has been brought to the public before the attorneys for the town and Mr. Gagne had a chance to talk. I believe that many options have been lost to Mr. Gagne and to the town by the disclosure. Even now, I am reluctant to say too much about the matter for fear of compromising the town's legal position, so the above will have to be the extent of my remarks for now.
If you want to comment on this post, you are free to do so below. As always, I hope that commenters can disagree without being disagreeable. I find that logical arguments made and supported by factual information from a cited source have greater weight with people than arguments which lack one or more of these elements. Personal attacks will be deleted. I do not moderate the comments before they are seen but I can remove them after they are published. I am not responsible for the content of the comments on this blog, they are the opinions of those who contribute them.
Click here to read on!

Select Board, Finance Committee and School Committee meet Thursday

The Select Board, Finance Committee, and School Committee meet Thursday at 7PM in the Town Hall. The agenda includes discussion of FY10 budget goals, Stabilization Fund policy on amount and use of the stabilization reserves, and providing common format for financial reports. Click here to read on!

Select Board to set tax rate tonight

The Select Board will meet to set the tax rate for FY09 tonight at 6:30 PM at the Town Hall.
Last year, the Board decided to split the tax rate with residents paying less than the base rate and businesses paying 140% of the base rate. I will vote tonight to continue that split. My reasoning for that stance is two fold, ...

... first, the tax burden had been steadily shifted over the years to fall more heavily upon the residents than the business of Dartmouth. Read this post to get the details on why that occurred. Secondly, I think it is good policy to avoid large swings in the tax rate so that taxpayers can adequately plan their payment, both business and residents.
Both business and residents will see a larger than the normal 2-1/2% tax increase due to the $2.1 million override passed last year. Single family homes will have their tax bill increase 6.4% and business taxes will increase about 9% from the FY08 number.
Click here to read on!

Executive Session discussions and this blog

It has come to my attention that a discussion by the Select Board on personnel issues, held in executive session of the Board, has been disclosed in an Email circulated by a town employee not involved in the issues under discussion. That employee was not even present at the meeting. I am extremely disappointed that these personnel issues have been publicized as I feel it is not in the interests of the town or the personnel involved to have these unresolved issues aired at this time. Since executive session discussions are not for public dissemination until they are resolved, I can not and will not comment here on this blog. I will delete any reference to those executive session discussions made in comments. I am certainly in favor of ...

... transparency in the operation of the government and wide ranging discussion on issues. However there are certain restrictions upon what I can and cannot properly address given my position as member of the Select Board and the restrictions placed on executive session discussions. This is one of those times.
Click here to read on!

12th Annual Four Paws Charity Auction

Attend if you can.


Kittens are cute, aren't they?
Click here to read on!

Tax classification information

Follow these links for information on the tax base, tax levy limit, and tax rates for single rate and split tax rates.
Link to hearing memo
Link to average tax bill calculation
Link to levy llmit and percent change by class ...


...I have more information but I have to scan these into electronic form and the others don't lend themselves to OCR (optical character recognition)
One way the town could save is to email this stuff and not give me half a ream of paper every week.
Click here to read on!

Automobile Industry Bailout

I came across this diary by RiderOnTheStorm at the Daily Kos about some of the terms that we should impose if the taxpayers ...

are going to bailout GM, Ford and Chrysler.
He says,

1. Stop designing and building cars that go 150 MPH and start building cars that get 50 MPG. NOW. It's idiotic and irresponsible to build vehicles that go double the highest speed limit in the country -- all that wasted engineering effort and expense should be going into safety and fuel efficiency.

2. Then aim for 100 MPG. Don't whine that it's too hard: get it done. Or stand aside in favor of those superior to you, who can.

3. Stop building cars that seem designed for the mid-life crises of balding, bulging men. Cars are transportation, not fashion or ego statements, and it's time that both your product line and your advertising reflected that.

4. Stop whining about emission standards and not only meet them, but exceed them.

5. Everything that goes into a car needs to come out of it eventually. Design and build for recycling.

6. Strict executive compensation limits need to be enforced. I propose a ceiling of 10X the assembly line workers' wage. No doubt some executives will resign rather than accept this. This is a feature, not a bug.

7. This is loan, not a handout, and a repayment schedule needs to be attached.

I especially like point number 5 and think the last sentence of number 6 is spot on. Maybe these car execs who can't think strategically can get a job as hedge fund managers. Oh, wait .....
What do you think about companies coming to feed at the public trough. Should we get ownership interest?
Click here to read on!

Dartmouth continues to founder

At a joint meeting of the Select Board and School Committee on Monday, the Finance Director presented projections for revenue and expenditures which show the town will fall $833K short of a balanced budget next year. One of the assumptions of that projection was that no town department would receive a pay increase for FY10. The school department does receive an increase in the minimum required spending and they may elect to use that for salaries (the School Committee has sole discretion in that) but no other department had increases according to the projection. Realistically, some or all the town employees may get an increase, so the actual shortfall is probably going to be well over a million dollars. Add to that scenario the likelihood of state government cuts to aid for cities and towns and we are facing yet another fiscal crisis in Dartmouth.

While the current economic situation in the country and state has worsened, the Governor Patrick has moved aggressively to cut costs and trim spending. Other towns facing the same prospects as ours have moved to reduce spending, consolidate departments, and contract out services. New Bedford reorganized departments, creating the Department of Infrastructure, to reduce management costs, Acushnet has consolidated the fire and ambulance services, and other towns are looking to consolidate, privatize or regionalize services. Dartmouth should be at the forefront of these changes because our fiscal woes have been evident for some time now. We are not.
First, the town spent most of the money in the reserve accounts, then we moved $1.8 million off the budget and charged fees for trash collection, last year we passed an override for over $2 million dollars. Yet we continue to fall short year after year. Why? The answer is that the rate of growth of spending is higher than the rate of growth of revenue. I wrote about that here and here. Until the rates of growth of revenue and spending are reconciled, no override, fee increase or other revenue measure will return us to financial health. This post from February lays out the course of action that must be taken. (Please excuse the snark in the Feb post).
What is needed and right now is a plan (see here and here) to reduce our expenditures. This plan should prioritize spending and make cuts to that spending. These reductions should start immediately. Reducing spending and services in low priority areas now will allow the town to continue essential services while making the necessary changes to reduce the rate of growth of spending.
Click here to read on!

Food drive postponed til 11/22

Due to the weather forecast of heavy rain tomorrow the food drive that I referenced in this post will be postponed from tomorrow until Saturday 11/22 10AM to 2PM. Click here to read on!

Canned food drive 11/15. Please donate!

Frankg writes,

Hi Bill. I don't know if you want to post this info but the can drive that I have mentioned before will be held on Sat. 11/15. Our COA will be one of the beneficiaries of the donations, as well as the Red Cross. Here are the particulars:

"Cans Across the Park", annual event sponsored by WBSM

Place - Buttonwood Park (main road through the park).

Goal - to collect donated canned goods and run a line from Brownell Ave. to Rockdale Ave. with them laid end to end. If we reach the end we turn around and keep going. This has happened on several years, and in some years we have collected almost 10,000 pieces. A "slow" year is still 5,000 to 6,000 pieces.

Recipients of donations - Food banks that serve the Greater New Bedford area. So far, the Red Cross and the Dartmouth Council on Aging, there may be more participating.

Date - Sat. 11/15/2008

Time - 10:00 a.m. to 2:00 p.m.

All folks have to do is drive through the park, stop where the group is working, and we have runners to get the items from the vehicle. Some people stop and have their kids actually put the items in the line to participate in the good cause.
We have never had to postpone the event, have done it in high winds, brutally cold temperatures, and even some light snow. We are a hearty and dedicated group! The only glitch would be enough rain to impact the labels on the cans and anything in cardboard.
Anything non-perishable is appreciated, but NO GLASS please. Canned goods, especially vegetables are an excellent choice. Boxes of spaghetti with cans of sauce are also a good choice.
Thanks!, Frank

A small donation from a lot of people adds up. If you can't make it to the park, you can leave a donation at my house and I'll make sure it gets there. 201 Hixville. Thanks for bringing this to our attention Frank.
Click here to read on!

Dartmouth Power hearing closed, Finance Committee tonight

The hearing on Dartmouth Power variance closed last night and no decisions were reached by either the Select Board or Zoning Board on the application. Dartmouth Power wants to add a 25 MW peaking gas turbine unit to their station. They have offered the town a lease of about 10 acres of land adjacent to their facility for $1 a year. The land could be used...

...for alternative energy generation such as wind or solar generation. There was some discussion about adjacent parcels owned by Dr. and Mrs, Aghai that have some deed restrictions. These restrictions were placed on the land at the same time as the conditions were set for Dartmouth Power and Dr. Aghai asked that the town consider removing those from his holdings if the restrictions are changed for Dartmouth Power.
The Finance Committee will meet tonight and discuss the revenue and expense projections for FY10 with the Budget Director. The picture is not good with a substantial shortfall projected. The Finance Committee would also like to discuss a standardized format for the production and dissemination of town financial information.
Click here to read on!

Dartmouth Power hearing on Nov 5th

The Zoning Board of Appeals and Select Board will meet jointly on Nov 5th to rule on the application of Dartmouth Power to expand their generating facility on Old Fall River Road. The proposal is ...

.. to add a 25 MW peaking turbine to the existing plant.
Click here to read on!

Select Board to set tax rate Nov 17th

The Select Board will hear from the Assessors and determine the tax rate at our meeting on November 17th. Curt Brown has an article on his blog here discussing how he sees the vote for the tax rate. I can't speak for my fellow board members ...

... but I will vote to maintain a split tax rate and to hold the split at 40%. Some may feel that it is inappropriate for me come out at this time with that statement since we have not yet had the hearing. I said during my campaign that I supported the split tax rate and I have not changed my mind.
For information about how the tax levy, tax rate and all that work see this post.
I had posted about the need for a split rate here (h/t to frankg)
Click here to read on!