from Athol Daily News:

GREENFIELD — State legislators representing cities and towns along the Route 2 rail corridor recently sent a letter to state Transportation Secretary Stephanie Pollack urging pro-active measures regarding the potential sale of Pan Am Railways.

The legislators cited a Massachusetts law that provides the state with a right of first refusal for the sale of any railroad right of way or related facilities within the state. They also urged the state Department of Transportation (MassDOT) to “indicate strong interest in securing passenger rights between North Adams and Fitchburg” as well as “consider purchasing all or part of the rail corridor, at minimum, from Fitchburg to Greenfield.”

Pan Am Railways, the dominant freight carrier in northern New England with 1,700 miles of track, announced it was for sale in July.

This letter comes as legislators join with the Franklin Regional Council of Governments (FRCOG) to plan for the onset of a study determining the feasibility of re-starting passenger rail along the Route 2 corridor. State Sen. Jo Comerford, D-Northampton, filed legislation requiring MassDOT to conduct this study and it was passed as part of the fiscal year 2020 budget.

The bipartisan letter was signed by Sens. Comerford, Anne Gobi, Adam Hinds, Jamie Eldridge, and Dean Tran, and Reps. Susannah Whipps, Natalie Blais, John Barrett, Stephan Hay and Natalie Higgins. The letter was also sent to Gov. Charlie Baker, members of the Massachusetts congressional delegation and the chairs of the Joint Committee on Transportation.

“The potential sale of Pan Am’s assets and freight rights, in particular along the Route 2 rail corridor,” the letter states, “presents a significant opportunity for the commonwealth to make a critical investment in our transportation infrastructure by retaining the use of an important rail corridor and securing Massachusetts’ northern tier rail for future passenger service.”

According to Jared Freeman, Comerford’s chief of staff, one potential source of money for a purchase is an $18 billion transportation bond bill being negotiated by a conference committee. It includes an authorization for $175 million “for transportation planning, design, permitting and engineering, acquisition of interests in land, vehicle procurement, construction, construction of stations and right-of-way acquisition for rail projects,” as well as converting the Valley Flyer Pilot Service to a permanent commuter rail service connecting Greenfield, Northampton, Holyoke and Springfield.

TransitMatters, a nonprofit that advocates for improved transit in and around Boston, last month published that “Pan Am and its corporate predecessor Guilford are notorious for paring service and infrastructure investment to an absolute minimum while offloading as many costs as possible onto the public sector.”

“To revitalize rail service for both passenger and freight throughout New England,” TransitMatters’ article continues, “the public sector must take a strong role in determining the ultimate fate of the Pan Am system.”

Freeman said Comerford wants the rail infrastructure to be operated and maintained in the public’s interest.

“A new owner who maintains the infrastructure in the same fashion will not help the region achieve the goal of regional rail, which is what Sen. Comerford is pushing for,” Freeman said in an email.

Pan Am Railways Executive Vice President Cynthia Scarano said she disagrees with TransitMatters’ comments, saying the company’s customers are thrilled with the service.

“We’ve made a lot of investments in our infrastructure over the last five years,” she said.

Scarano said Pan Am Railways employs about 750 people throughout New England.

Comerford told the Greenfield Recorder the western portion of the state is underserved by public transportation, and a purchase of Pan Am Railways could help alleviate the problem.

“We need a comprehensive and deep investment in public rail,” she said, adding that it could be “a huge win for our regional economy.”

Blais, a Sunderland Democrat, said state legislators for the area signed the letter to help ensure the interests of Western Massachusetts are heard in Boston.

“We recognize that the Route 2 rail corridor is important to the future of rail along the northern tier,” she said. “We have the potential to really look at a regional, Western Mass. rail network. It could really change the way transportation systems operate.”

Whipps, who represents Athol as the only independent legislator in the State House, told a story of her maternal grandfather, Howard Cooke, who worked as an engineer for Stone & Webster in Boston. Whipps explained Cooke’s wife would drop him off at the train station every Sunday night, so he could ride into the city, and pick him up every Friday night from the 1920s to the 1950s.

“How amazing is it that a century ago we had better access to Boston than we do now?” Whipps said this week. “That’s just crazy.”

Whipps echoed the sentiment of her constituents, and said the needs and concerns of the North Quabbin region and Western Massachusetts often fall on deaf ears in the state capital. The irony, she mentioned, comes as a result of the COVID-19 pandemic. To ward off the novel coronavirus, public health experts recommend social distancing and frequent hand-washing — with Whipps noting the water that comes out of Boston faucets starts in the Quabbin Reservoir.

The legislators’ letter also mentions that U.S. News & World Report ranks Massachusetts 40th in the country for transportation infrastructure quality.

“Even the highest ranked states in the nation do not come close to the transportation quality ratings for our European and Asian counterparts,” the letter adds. “We firmly believe the commonwealth should act now to help close this considerable gap by seizing the unique opportunity embodied in the Pan Am sale and investing in existing infrastructure.”

The letter, the text of which can be viewed at bit.ly/36evGM3, states public transportation is key to improving the quality of life for the middle and working classes.

 By GREG VINE

For The Athol Daily News

Published: 9/22/2020 5:54:25 PM

Modified: 9/22/2020 5:54:22 PM

ATHOL — The Baker-Polito administration announced recently that 103 communities would be splitting $13 million in Green Communities grants with Athol will be receiving more than $22,000 for several energy-saving initiatives.

“The Green Communities program continues to make significant progress in helping municipalities reduce their carbon footprint and save on energy costs,” Gov. Charlie Baker said in a release announcing the distribution of funds.

“As we work to meet our net zero by 2050 emissions goals,” added Lt. Gov. Karyn Polito, “the Green Communities program gives our dedicated municipal partners the resources they need to continue making progress in increasing energy efficiency and lowering energy costs.”

Under the Green Communities Act, cities and towns are required to meet five criteria to join the program and receive funding. Thus far, 271 cities and town have been designated Green Communities, accounting for 84 percent of the state’s population.

Athol’s Director of Planning and Community Development Eric Smith said the town received funding for three projects.

“We got money for an LED lighting improvement project at the Millers River Environmental Center,” he said. “The Center is town-owned and leased to the Bird and Nature Club and other folks that use it for environmental purposes. We’re also going to be putting in two EV charger station units in the municipal parking lot, which seems like a good place for them. And the last one is a small LED lighting improvement project for the animal control facility.”

Of the $22,036 Athol will receive, $15,000 will be invested in the EV (electric vehicle) charging stations, just over $4,800 will go the environmental center lighting projects, and just under $2,200 will cover the cost of improved lighting at the animal control facility.

Currently, the town has two EV charging stations in the parking lot behind Town Hall.

When asked about the need for the charging stations, Smith said, “There’s no great demand for them; it’s sort of chicken-and-egg situation. They’re starting to put more electrical vehicles on the road — or hybrids, and things like that — so there is a need to put more of a network of those here.

Smith said this year marked the first time he has seen EV units being eligible for funding.

“Usually, the funding goes to LED lighting, weatherization, that sort of thing, heating efficiency improvement, windows,” he said. “This is a new category and we sort of realized it at the last minute, and luckily we were able to put this project together.”

Grant awards under the Green Communities program are capped at $200,000 per municipality. Funding is made available from the proceeds of carbon allowance auctions under the Regional Greenhouse Gas Initiative.

“The Green Communities program helps cities and towns make important investments at the local level to combat climate change by reducing emissions,” state Secretary of Energy and Environmental Affairs Kathleen Theoharides said in a prepared statement. “Air-source heat pumps, ventilation system upgrades, and electric vehicle charging stations are just some of the exciting new projects that these grants will fund in order to increase energy efficiency and clean energy innovation in municipalities across the state.”

GARDNER — The Massachusetts Department of Elementary and Secondary Education (DESE) has asked local officials for more information about their school reopening plans.

Public schools in the city opened under a fully remote learning model this month in response to the ongoing coronavirus pandemic.

In a letter to Mayor Michael Nicholson, DESE Commissioner Jeffrey C. Riley said that based on the current COVID-19 public health data Massachusetts is one of the states with sufficiently low test positivity rates to meet World Health Organization standards for reopening schools to full in-person learning. Additionally, Riley wrote that state public health officials reported a very low COVID-19 transmission rate in the district.

“As of September 16, the two-week positivity rate (in the state) is at 0.9 percent, well below the threshold of five percent established by WHO,” according to the letter.

Riley wrote that he was concerned that the Gardner School Committee had voted to keep most students learning remotely for the start of the 2020-2021 school year.

“We have recommended remote learning only for those municipalities receiving a ‘red’ designation three weeks in a row on the color-coded metric unless the district identifies other extenuating circumstances that prevent in-person instruction,” Riley wrote, referring to the Department of Public Health’s reports based on the average daily cases per 100,000 residents in the community. “Since the inception of the weekly DPH color-coded reports, your community has consistently received a designation of green or gray, which indicates very low COVID-19 transmission in your municipality.”

The district is one of 16 communities deemed to be low-risk enough to allow students back into the classroom, and school officials have until Monday, Sept. 28, to respond to the Riley letter. The district could be audited by the state to assess its overall efforts to provide in-person instruction and to ensure its remote learning program complies with state regulations.

“In light of the stark discrepancy between local public health data and your reopening plan, I am requesting a timeline by which you anticipate in-person instruction for the majority of your students including in-person instruction for vulnerable populations, such as students with disabilities, if these students have not already returned to in-person school,” Riley wrote.

Superintendent Dr. Mark Pellegrino said the School Committee is committed to moving the district to a hybrid educational model, and that he is sure members will be able to respond to Riley’s letter and address his concerns.

“The School Committee and I have been focused on moving our instructional model from remote to hybrid since we started planning in early June,” Pellegrino said. “We felt it was important to begin (remotely) to allow the district time to ensure every classroom HVAC system is fully operational, that our schools are adequately staffed, and teachers have had the support, training and time to focus on the necessary skills to deliver an exemplary remote learning program.”

Getting remote learning right is crucial because more than three-fifths of the hybrid model actually involve learning via remote technology, he said.

“I have been thrilled with the improvements the district has made, including securing enough devices so the entire district now has one-to-one Chromebooks,” Pellegrino said. “Additionally, the top-of-the-line Chromebooks we purchased for our teachers, along with the communications and curriculum software, has aided their efforts. Ultimately, the instruction from our teachers has been excellent. In a very short time, they have become proficient with an entirely new way to deliver their instruction.”

 HOLYOKE — Massachusetts Gov. Charlie Baker’s administration wrongfully fired the head of a home for aging veterans where nearly 80 people sickened with the coronavirus have died, a judge has ruled.

The Hampden Superior Court judge’s ruling on Monday invalidates the firing of former Holyoke Soldiers’ Home Superintendent Bennett Walsh, MassLive.com reported.

Walsh was fired in June after investigators released a report pointing to “utterly baffling” decisions made by the superintendent and his leadership team that helped the disease run rampant at the home. The independent investigators said that Walsh was not qualified to run a long-term care facility.

Walsh’s lawyer argued that only the home’s board of trustees can hire and fire the superintendent. Walsh has defended his actions and accused the Baker administration of denying the home emergency aid as staff worked to protect the residents from the virus.

A spokesperson for the Executive Office of Health and Human Services said the administration is reviewing the court’s decision.

 Town(s): Templeton, MA;

Board: Templeton Elementary School Building Committee

Time: Thursday September 24, 2020 4 PM EDT

Location:  Via ZOOM

Agenda:

1. Approve invoices for payment

2. Review of status of previously

   approved additional work:

      Caulking of Curbing

      Yard drain grates

      Balancing HVAC system

      State Fire Marshall Violations

 

3. Review of Punchlist items:

      Cafeteria Door Hold-Open

      Commissioning

      Delaminating wood panels at main

      stair and Media Center

5. Review of Miscellaneous items:

      Filters

      Future BMS training

      Hot Water Heater inspection

 BOSTON — In a press release Thursday, the state Ethics Commission’s Enforcement Division announced that Templeton Planning Board members Kirk Moschetti, Frank Moschetti and John Buckley have admitted to violating the conflict of interest law by participating in Planning Board decisions related to proposals to re-zone areas where they and their families owned property.

Planning Board Chair Kirk Moschetti has paid a $5,000 civil penalty, and Frank Moschetti and Buckley have each paid a $2,000 civil penalty.

In addition, the Ethics Commission’s Enforcement Division has issued an order to show cause alleging Templeton Planning Board member Charles Carroll violated the conflict of interest law in connection with the same set of facts.

After the commission found reasonable cause to believe the four Planning Board members violated the conflict-of-interest law, Kirk Moschetti, Frank Moschetti and Buckley agreed to resolve the matter by signing disposition agreements, in which they admitted to the violations, agreed to pay the civil penalties, and waived their right to contest the commission’s findings.

Carroll did not sign a disposition agreement. The commission will schedule a public hearing on the allegations against Carroll within 90 days.

At a July 2017 meeting, the Planning Board discussed proposing two warrant articles to Town Meeting to re-zone certain areas of the town to increase Templeton’s commercial property tax base. At the time, Planning Board members or their families owned property that would be affected by the zoning proposals.

According to the commission, Planning Board Chair Kirk Moschetti owned residential property in the area and was interested in purchasing an automobile storage business with a pre-existing nonconforming commercial-use status in a residential zone. His father, Frank Moschetti, owned residential property and a septic business with a pre-existing nonconforming commercial-use status in a residential zone. Buckley and his wife each owned residential property and jointly owned a campground with a pre-existing nonconforming commercial-use status in a residential zone.

In the order to show cause, the commission’s Enforcement Division alleges that Carroll’s father owned and rented out a residential property in one of the areas to be rezoned under the proposals.

The Planning Board held a public hearing on the zoning proposals, which were then added to the agenda for the November 2017 Town Meeting, where they did not pass.

In November 2018, the Planning Board met to discuss submitting the unsuccessful zoning proposals to the spring 2019 Town Meeting. During the meeting, Kirk Moschetti stated in response to questions from members of the public that, “Ethics was not up for discussion.” After many Templeton residents expressed opposition, the Planning Board decided to recommend only one of the two zoning proposals to Town Meeting.

In December 2018, the Planning Board held a public hearing on the rezoning proposal including Kirk Moschetti’s business property. Moschetti participated in discussions and a vote related to proposing a zoning change of parcels including his own.

The zoning proposal was placed on the agenda for the Spring 2019 Town Meeting, where Moschetti answered residents’ questions about the proposal. The rezoning article passed.

The conflict of interest law prohibits municipal employees from officially participating in matters in which they or their immediate family have a financial interest. The commission stated that Kirk Moschetti, Frank Moschetti and Buckley violated this legal prohibition by acting as members of the Planning Board they discussed and voted on proposals to re-zone areas of the town that included property they owned. The proposed zoning changes would allow greater opportunities to develop the property with fewer restrictions, increasing its value. Their financial interests in the proposed zoning changes were not shared by a substantial segment of Templeton’s population.

In the order to show cause, the commission’s Enforcement Division alleges that Carroll also violated this legal prohibition by participating as a Planning Board member in discussions and votes regarding the proposed zoning change that would have affected his father’s property.

The commission encourages public employees to contact the commission’s Legal Division at 617-371-9500 for free advice if they have any questions regarding how the conflict of interest law may apply to them.

Massachusetts Department of Revenue Division of Local Services
Geoffrey E. Snyder, Commissioner
Sean R. Cronin, Senior Deputy Commissioner of Local Services

9/9/2020

NOTIFICATION OF FREE CASH APPROVAL - Town of Templeton

Based upon the un-audited balance sheet submitted, I hereby certify that the amount of available funds or "free cash" as of July 1, 2020 for the Town of Templeton is:

General Fund			$1,327,538.00
Enterprise Fund	Sewer		$408,790.00
Enterprise Fund	Cable TV		$172,779.00

This certification is in accordance with the provisions of G. L. Chapter 59, §23, as amended.

Certification letters will be emailed to the mayor/manager, board of selectmen, prudential committee, finance director and treasurer immediately upon approval, provided an email address is reported in DLS' Local Officials Directory. Please forward to other officials as you deem appropriate.

Sincerely,

Mary Jane Handy
Director of Accounts
Massachusetts Department of Revenue

Why a public hearing for engine brake use?

Because you (town meeting) passed this:

On a motion duly made and seconded the town voted to amend the General By-laws by inserting a new Article LVIII, Engine Braking, as follows: No operator of a diesel truck shall use engine braking (also known as exhaust braking or Jake braking) while operating a vehicle on a public way, where such use is prohibited by the issuance of a Traffic Order by the Board of Selectmen after the holding of a noticed public hearing, in the Town of Templeton except in an emergency. Whoever violates this bylaw shall be punished by a fine of One Hundred Dollars ($100) for the first offense and Three Hundred Dollars ($300) for the second and subsequent offenses. The owner of the vehicle may be cited in lieu of the operator.

Passed by hand count of 50 yes and 47 no on May 15, 2019.

 Town governance; there is a thing called the weekly warrant and it involves invoices, bills, etc., that need to be signed off on by selectmen before they can be passed on to the town treasurer so they can be paid, with taxpayer money. This week, there is one such item, in a stand alone warrant; it states school district and it is for an item of the new elementary school, specifically the repair of the caulking on the sidewalk between concrete and granite curb. It is a little more than $25,000.00 and it is to redo work previously done. So, was the previous work done correctly? Is it a water / drainage issue (poor design), is the issue improper preparation, lack of inspection and oversight? The question remains, should you have to pay for the work twice? You paid tens of thousands of dollars for an Owners Project Manager (required for public projects one million dollars or more) with a clerk of the works, that is suppose to look out for you and your property (the school building project). Some thing was not done right and someone was apparently not watching, so, as a selectmen, responsible for signing those weekly warrants, I have no intention of signing off on this item. Yes, three other selectmen can sign it and it will move on down the line and be paid. I just think it should not be paid by you, it should be the responsibility of the OPM and the company that originally did the work. As a point of interest, both parties are now working on a new project; they are both on the same job site. The construction cost total for the new school is a bit over 32 million dollars with a little over 800 thousand dollars in change orders.

Note: The total warrant item for new school is $25,730.00, my bad, old man moment, but still BS, warrant reads - ATC reprogramming at $5,980.00 and cut out and recaulk sidewalk to curb at $19,750.00, and I still refuse to sign off on this; you should not have to pay twice for bad work.