Capital Plan - what was presented to Town Meeting; what was presented to board of selectmen and what did they vote to present to the Town Meeting?

Where does that appropriated but not used money go to / for?

Does the light department get the unspent money back?

Does this give anyone confidence in any plan going forward?

I move to appropriate the sum of Fifty Eight Thousand Five Hundred Dollars and No Cents ($58,500.00) toward a program of capital purchases and improvements, as generally illustrated below:
Infield Groomer                                        $10,000
Cemetery Garage Roof - 39 Bridge St.    $10,000
T.C. Fire Training Room AC                     $ 3,500
Fire Chief's Vehicle F150 Interceptor     $35,000


and to meet said appropriation by a transfer of Forty Five Thousand Dollars and No Cents ($45,000.00) from certified free cash and a transfer of Thirteen Thousand Five Hundred Dollars and No Cents ($13,500.00) from overlay surplus



Why ask for $10,000.00 if you do not need it?


Capital Planning By-Law:

Section 2: Committee duties: To facilitate the reasonable acquisition and replacement of capital items (defined as assets and projects with a useful life of five or more years and a cost of more 41 than $10,000.00 but including items with an individual cost of less than $10,000.00 when purchased in bulk at a cost of more than $10,000.00), the Committee shall have the following duties and responsibilities:

• Annually collect all proposed capital improvements for the coming six years from all departments, on forms designed for that purpose.
• Consider all requests and the relative need and impact of
these requests on the Town’s financial position.
• Establish and annually update a five-year Capital Improvement Plan, based on this information.
• Annually, prepare a report prioritizing capital needs for the coming fiscal year, and recommend a Capital Improvement Budget for that fiscal year.
• Submit this annual report and their recommendations for purchases or improvements, to the Board of Selectmen for its consideration and approval as part of the annual budget planning process by January 1 of each year. A copy of said report shall also be filed with the Town Clerk and Advisory Committee.


If Town Meeting is given bad information, why should they appropriate anything that is "extra"? Assessors Vision software, infield groomer and I wonder how many other items are going to surface over the year? Remember the items to be paid for by meals tax are already $4,000.00 over what was presented to town meeting (it is on video)

Just another reason why no other town wishes to do business with Templeton.

On top of this, look at the financial policy of the Town (selectmen) and you will see a goal of certain amount of dollars to be not spent in order to generate a certain amount of "certified free cash" and perhaps to ensure there is enough to back fill fiscal year 2019 and do some other things, the selectmen will do anything to make that happen, including lies or misrepresentation to Town Meeting, the same people who elect them to look out for them.

Can the board of selectmen be trusted?

With regards to any possible legal action involving the town administrator, I would assume any action involving MCAD as well:

from the town administrator contract on the town web site:

Section 6. Indemnification & Litigation

The Town shall defend, save, harmless and indemnify, without limitation, the Town Administrator against any tort, professional liability, claim or demand, or other legal action, whether groundless or otherwise, arising out of an alleged act or omission occurring in the performance of his / her duties as Town Administrator, even if said claim is brought/filed following his termination from employment.
The Town (and/or its insurer) shall pay the amount of any settlement or judgement rendered thereon, and further, the Town (and/or its insurer) may compromise and settle any such claim or suit and pay the amount of any settlement or judgement rendered thereon without recourse to the Town Administrator.

In connection with those claims or suits involving the Town Administrator in his professional capacity and covered under section 1 above, the Town at its sole option, shall either retain and pay for an attorney to represent the Town Administrator (including all fees and costs) or reimburse the Town Administrator for any attorney's fees and costs incurred by the Town Administrator in connection with same, providing the Town Administrator submits proper invoices and evidence of payment of same.

Selectmen need to follow or enforce their own policy - Templeton personnel policy, which references an HR position [this should not be the Town Administrator] for obvious reasons such as a person doing hiring/firing etc., being the same person whom an employee is expected to speak with on an employment issue??

Tom Jeleniewski <tom200is@juno.com>

 

Selectmen.HaleyBrooks@templeton1.org;

Selectmen.Morrison@templeton1.org;

selectmen.caplis@templeton1.org;

 

Dear Selectboard Members:

 

On Monday May 14^th you will be asked to vote on a proposal to grant prorated benefits for the Sewer Department Administrative Assistant. We have been in discussions with the TA for many months regarding this issue that has to do with the employee who currently (and for some months now) has been unable to work a full 40 hours per week due to an ongoing (documented)  issue.  Therefore she has been scheduled to work only 32 hours per week.

 

After many months of unsuccessful discussions between the TA and myself he has “crafted” a document which grants employees not working 40 hours, but are working a “substantial” number of hours the ability to accumulate “full time” benefits at a prorated amount according to the number of hours scheduled to work.

 

We believe this arrangement to be fair while not violating the intent of 2017-1. At the same time we are asking that any employee benefits that have been denied during these months should be restored.

 

Please keep in mind that this issue does not affect the town budget in any way.

 

This is your chance to “do the right thing” and not “throw the employee under the bus”

 

PLEASE DO THE “RIGHT THING” AND VOTE IN THE AFFIRMATIVE.

 

 

Respectfully submitted,

Tom Jeleniewski (member, Sewer Commission)

Watching some more tv and saw at the May 14, 2018 Templeton selectmen meeting that the selectmen voted to "allow" sewer dept. admin assistant to work 36 hours for pro rated benefits and go to 40 hours in FY 2020. For budget matters, left the proposed funding at 40 hours. I take that to mean there is enough money to pay the person for 40 hours, but the person will only actually only be working 36 hours. So, if there is an issue with a pay raise for that person, why is that? Pay back for the sewer commissioners "braking" when it comes to moving the enterprise fund collections to town hall? Since there are taxpayers who report that they have problems with tax bills in the collectors office, perhaps it is a wise decision to put off moving sewer collections to town hall.

Also, there is a chance that some sketchy business of splitting payments for work done for a town dept., originating from the corner office at town hall. That would be MGL chapter 30b, you may recall the town had an issue with that involving some work at town hall involving an elected member of the Templeton Planning board. There was even training held in town hall by the Massachusetts Inspector General's Office, on chapter 30b. There was even mention of that issue in a recent town audit of Templeton finance. This by the way was for emergency work involving a pumping station of Templeton sewer. That is what email records indicate. Oh, there was legal costs involved as well. Read chapter 30b folks, or just call the inspector general and ask the question, rather than going through town counsel for an opinion. To me, going to town legal for an opinion in one's favor, means your actions are probably questionable to begin with and you are simply CYA.

----- Forwarded Message -----From: townadministrator <townadministrator@templeton1.org>
To: sewsup@yahoo.com
Cc: Diane Haley Brooks <seldhaleybrooks@templeton1.org>; John Caplis <selectmen.caplis@templeton1.org>; selectmen.fortes@templeton1.org; selectmen.morrison@templeton1.org; selectmen.richard@templeton1.org
Sent: Monday, August 28, 2017 12:48 PM
Subject: Moschetti Follow-Up

Good Day:

I’ve provided Town Counsel with an analysis of the procurement at issue and the environmental risk of not having a responding entity.  I’ve asked him for the back-up I need to hang my hat on to make these payments so I am protected for when it is flagged and by Auditor’s and should it be questioned by the IG’s office.  I’ve further advised him that we will – once we have fully settled this matter – go through the proper procurement procedure so we can avoid this issue in the future.   Counsel has proved me with a brief response to rationalize a payment this week of $9,500 (under the $10k threshold).  Counsel and I will collaborate on a second memo on the balance so that we can get the balance paid on 09/06.

I’ve spoken with Mr. Moschetti and advised him that I will release $9,500 this week of the $26,100 and he will have this check by Friday.  I have further advised him that we will be working on a memo over the course of this week to rationalize the payment of the balance and he would have that check by next Friday.  He was understanding and a gentleman about it.  He – understandably – says that our failure to not follow proper procurement should not deprive him of his payment. He felt that any consequences of the failure to follow this practice should be put upon the offending unit.   I explained that even then the law prohibits a payment when the procurement practice has not been followed. 

Once we are through this we can work with you to review your purchases so that they are being made by the means of proper procurement for the balance of the Fiscal Year. 

Many Thanks

Carter Terenzini

Interim Town Administrator

Town of Templeton

160 Patriots Road

East Templeton, MA 01438

(978) 894-2753

 

MGL chapter 30b

Section 8. Whenever the time required to comply with a requirement of this chapter would endanger the health or safety of the people or their property a procurement officer may make an emergency procurement without following that requirement. An emergency procurement shall be limited to only supplies or services necessary to meet the emergency and shall conform to the requirements of this chapter to the extent practicable under the circumstances. The procurement officer shall make a record of each emergency as soon after the procurement as practicable, specifying each contractor's name, the amount and the type of each contract, a listing of the supply or service provided under each contract, and the basis for determining the need for an emergency procurement.
The procurement officer shall submit a copy of this record at the earliest possible time to the state secretary for placement in any publication established by the state secretary for the advertisement of procurements.

Section 11: Splitting of procurements

Section 11. No person shall cause or conspire to cause the splitting or division of any procurement, specification, invitation for bids, request for proposals, proposal, solicitation, or quotation for the purpose of evading a requirement of this chapter

 

Doing a little afternoon reading, minutes of selectmen workshop of March 22, 2018, the sewer budget was on the agenda, with Kent Songer and sewer commissioner Tom Jeleniewski in attendance to present their budget to selectmen. On the subject of sewer department admin assistant to be full time or part time with benefits to be accrued. Carter Terenzini suggested "that we move into the budget discussion and move into the other matter at a later time.

April 2, 2018, selectmen meeting, there was discussion of whether admin assistant would be 36 hours in FY2019 and 40 hours in FY 2020.

Discussion on collections of sewer bills done in town hall and could those indirect costs be billed to sewer enterprise fund, answer yes. Would that help the general fund expenses, yes, stated by John Caplis.

Vote to make sewer admin assistant to 40 hours in FY2019, yes by all selectmen. Additional cost to sewer enterprise fund stated as $2,750.00 for FY2019.

Stated that on April 23, 2018, a report from the T/A to BOS regarding costs and or savings for sewer rate payers and general fund expenses.

Watch selectmen meeting of April 23, 2018 and saw no reference of any report concerning sewer enterprise fund. On April 2, 2018, T/A stated time frame to complete report, about 6 hours.

Why would a pay raise be denied by the T/A for the admin assistant for sewer department. Who is the town employee charged with adjustments to payroll? Do you think that employee would ask and follow direction from the T/A even with a raise budgeted for and paid from an enterprise fund. Is this the same practice followed regarding light and water employees? Why would it be different? Templeton municipal light has to go before selectmen for things like a pole hearing, so why not pay raises too?

Some funny stuff going on in town hall these days. Time for sewer commissioners to have a public sit down with selectmen and ask some questions!

Once again, selectmen fail to follow their own policy:

All employees will receive a hard copy of this policy at the time of hire, and it is the responsibility of the
employee to review all sections then return a signed acknowledgment form stating that they understand
what they have read to the Human Resources Assistant. All employees have the right to ask for an
updated printed copy at any time. [section 1, page4 of Templeton personnel policy]

Section 3: Any changes to job description and wages will be made by the Department Head with approval of the Town Administrator. Appropriate forms will be completed, signed, forwarded to appropriate departments,
and a copy placed in the personnel file.

2. Eligibility
All full-time and regular part-time employees are eligible for an annual performance review and
consideration for a merit pay increase. All pay increases will be approved by the Town Administrator.

Question: Funds for a pay raise will not come from the general fund expenses?

The Town Administrator will be fully informed of each review and will approve any
pay increases based on the Town’s budgetary constraints.  (page 7)

Sewer administrative assistant included in this? Money for a pay raise for a non union position is in the sewer budget, so how about it?



c. Performance reviews—salary increases
Each Department Head is responsible for the assessment of the performance and
contribution of employees. The Human Resources Assistant will send a reminder to
the Department Head stating when an employee’s review is scheduled to be due. A
performance review may not always result in an automatic merit increase. The
employee’s overall performance and step level relative to position responsibilities
must be evaluated to determine whether an increase is warranted, and within
budgetary constraints.

Employees of The Town of Templeton must adhere to the highest levels of ethical conduct and service so
that the public will have confidence that persons in positions of public responsibility are acting for the
benefit of the public. Employees must avoid any action which might result in or create the impression of
using public office for private gain, giving preferential treatment to any person, or losing impartiality in
conducting Town business. Town employees are required to adhere at all times to the requirements of
M.G.L. c. 268A, the Massachusetts State Ethics law.

Massachusetts General Law chapter 44
Section 53F1/2: Enterprise funds

Section 53F1/2. Notwithstanding the provisions of section fifty-three or any other provision of law to the contrary, a city or town which accepts the provisions of this section may establish a separate account classified as an ''Enterprise Fund'', for a utility, cable television public access, health care, recreational or transportation facility, and its operation, as the city or town may designate, hereinafter referred to as the enterprise. Such account shall be maintained by the treasurer, and all receipts, revenues and funds from any source derived from all activities of the enterprise shall be deposited in such separate account. The treasurer may invest the funds in such separate account in the manner authorized by sections fifty-five and fifty-five A of chapter forty-four. Any interest earned thereon shall be credited to and become part of such separate account. The books and records of the enterprise shall be maintained in accordance with generally accepted accounting principles and in accordance with the requirements of section thirty-eight.
No later than one hundred and twenty days prior to the beginning of each fiscal year, an estimate of the income for the ensuing fiscal year and a proposed line item budget of the enterprise shall be submitted to the mayor, board of selectmen or other executive authority of the city or town by the appropriate local entity responsible for operations of the enterprise. Said board, mayor or other executive authority shall submit its recommendation to the town meeting, town council or city council, as the case may be, which shall act upon the budget in the same manner as all other budgets.
The city or town shall include in its tax levy for the fiscal year the amount appropriated for the total expenses of the enterprise and an estimate of the income to be derived by the operations of the enterprise. If the estimated income is less than the total appropriation, the difference shall be added to the tax levy and raised by taxation. If the estimated income is more than the total appropriation, the excess shall be appropriated to a separate reserve fund and used for capital expenditures of the enterprise, subject to appropriation, or to reduce user charges if authorized by the appropriate entity responsible for operations of the enterprise. If during a fiscal year the enterprise incurs a loss, such loss shall be included in the succeeding fiscal year's budget.
If during a fiscal year the enterprise produces a surplus, such surplus shall be kept in such separate reserve fund and used for the purposes provided therefor in this section.
For the purposes of this section, acceptance in a city shall be by vote of the city council and approval of the mayor, in a town, by vote of a special or annual town meeting and in any other municipality by vote of the legislative body.
A city or town which has accepted the provisions of this section with respect to a designated enterprise may, in like manner, revoke its acceptance.