To the Editor:

In response to an article printed in the Wareham Week newspaper on February 7, please note that my comments are as follows.

I first want to assure the public that the Wareham Fire District Clerk/Treasurer’s Office has made every effort possible to work with the town to resolve this issue.

I would then suggest that the characterization of this issue as a “disagreement” or “a difference of opinion” between the Clerk/Treasurer and the Water Superintendent is inaccurate. The issue is the failure to comply with Massachusetts General Laws.

The $210,000 was not authorized by District voters for repairs to water mains, it was originally presented and voted by the District as an article to authorize borrowing funds for engineering and construction to replace water mains on a plan entitled: “Oak Street and Indian Neck Road Water Main Replacement dated April 2009.”

As such, it was subject to the procurement/bidding laws of the Commonwealth of Massachusetts, Massachusetts General Laws (MGL), specifically, Chapter 30, Section 39M for that particular transaction.

MGL Chapter 30, Section 39M requires every contract for the construction, reconstruction or alteration of any public work with an estimated cost of $10,000 or more to be awarded to the lowest responsible bidder on the basis of competitive bids. This public law was enacted to ensure that public funds are expended prudently in the interest of the taxpayers/ratepayers.

In lieu of bidding, the project in question was added via a change order to the Town of Wareham “Contract #2 – Cromesett Park and Oakdale Sewers,” which we have been advised is not an alternative to MGL Chapter 30, Section 39-M in our case.

The District’s independent auditors were consulted and agreed there were problems with legal compliance with bidding laws. They advised that the Attorney General’s Office (AG) be contacted. Based on recommendation of the AG’s Office, payment has been withheld until a legal remedy for the failure to bid can be obtained. The Attorney General’s Office has continually indicated throughout this process that there are legal remedies to be pursued by the Town of Wareham, specifically suggesting special legislation requesting exemption from the MGL Ch. 30, Sec. 39M for this particular transaction.

To date, to my knowledge, nothing has been done to bring special legislation to allow the district to legally pay this sum, despite repeated attempts from me to bring this issue to resolution.

Again, I assure you, the Wareham Fire District Clerk/Treasurer’s Office has made every effort possible to work with the town to resolve this issue.

It is my pleasure and privilege to serve as your Clerk/Treasurer.

Thank you for the opportunity to respond.

Respectfully,

Marybeth Fernandes, Clerk And Treasurer

Wareham Fire District