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Ely, Attorney
Category: Traffic Law
Satisfied Customers: 557
Experience:  Private practice
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What limits are placed on use of Chaptger 90 (Massachusetts)

Customer Question

What limits are placed on use of Chaptger 90 (Massachusetts) funds to pay town employees. Specifically, our town has approved roadise drainage work and paving on a road, and the drainage work is being done by town employees. They are not allowed to do the bulk of the work prior to a tree hearing, because over 50 trees are intended to be removed, about half of which are claimed to be "hazard trees." Because the town employhees are doing the work there has been no bidding. The town budget specifically states that a large part of the wages will be covered by Chapter 90 funds. At this time the chapter 90 money has not yet been approved. The town has applied with the banks for a "Chapter 90 anticipation note." The tree hearing is to be held Wednesday night. I am told that if the tree work is disapproved the Chapter 90 funds will be denied and we wil be unable to pay either our employees or the loan. I have been told by the planning board chair that "The Highway Department will be out of business" if the work is disapproved at the tree hearing; I understasnd the highway department is working entirely on anticipated Chapter 90 funds, although apparently $100,000 was budgeted for wages. Questions: 1. Is it legal to use Chapter 90 funds to pay town employees for roadside work? 2. Is it legal to obtain a "Chapter 90 anticipation note" before the project has been fully approved?
Submitted: 1 year ago.
Category: Traffic Law