Monday, December 19, 2016

Selectmen minutes not on the website, that would be a question for them. Perhaps they are too busy trying to spend money they do not have on someone to do their job.

As for the grant, it is similar to the one used by the city of Gardner back in 2013 to study the idea of Templeton, Phillipston and Gardner moving together to create a regional emergency communications center, which showed Templeton could save about $90,000.00 per year by doing so. Selectmen Brooks used it as an election thing with signs saying "save dispatch" rather than lets save Templeton financially. Very short sighted in my opinion.


posted by Jeff Bennett
from Massachusetts Division of Local Services alerts: cities & Towns.

Recently I received an email from DLS / city & Town alert - I signed up to receive these. It contained advice and clarification on municipal "free cash, what is it, how you get to use it, time frame, what credit rating agencies look for etc. Also included was this:

Dec. 31 Selectmen:
 Begin to Finalize Budget Recommendation for Review by Finance Committee.
          In Templeton, it would be the Advisory Committee.

This DLS "alert" was within an article from DLS concerning updates on community grant program, which I believe Templeton selectmen opted to apply for and take part in.

I hope they read these things and understand them, this is one item that is NOT the responsibility of the Town Administrator; budget and policy. Selectmen cannot have it both ways, in my opinion, blame the T/A when things are bad, such as the budget, then take credit when and if anything goes well. There is no reason that Advisory Committee should not have all deaprtment budget requests by the end of January, unless the selectmen do not want the Advisory Committee to have time to discuss them in an open public meeting and to make recommendations in time for residents/taxpayers to look at and ask questions in advance of the annual town meeting.

In my opinion, if the time line does not happen, it is a deliberate effort on the part of selectmen to keep the advisory committee from having time to look at and question or make recommendations on any financial proposals put forth by the selectmen. After the 2017 fiasco and 2014, I would think everyone would want more rather than less discussion and time spent on this most important document, Templeton's financial spending plan for the next year.

posted by Jeff Bennett


Friday, December 16, 2016

The details of how a town administrator came to be - in Templeton

Annual Town meeting of 2013, began on May 14, 2013.

On a motion duly made and seconded the town voted that:
 Article III of the Revised General By-laws be amended, by adding the following new section 4, as follows: Section 4: Town Administrator- “The Board of Selectmen is authorized and empowered to appoint a town administrator who may be appointed for a term of one or three years, and to remove the town administrator at their discretion. The town administrator appointed under the provisions of this section shall be sworn to the faithful performance of the duties of the office. During the time that the town administrator holds office the town administrator shall hold no elective town office, but may be appointed by the Board of Selectmen or, with their approval, by any other town officer, board, committee or commission, to any other town office or position consistent with the town administrator’s office. The Town Administrator shall receive such aggregate compensation, not exceeding the amount appropriated therefore, as the Board of Selectmen may determine. The Town Administrator shall act by and for the Board of Selectmen in any matter which the Board may assign to the town administrator relating to the administration of the affairs of the town or of any town office or department under their supervision and control, or, with the approval of the Board of Selectmen, may perform such other duties as may be requested by any other town officer, board, committee or commission.” And, further, to reflect the above-mentioned amendment to Article III of the Templeton Revised General By-Laws, the following Templeton Revised General ByLaw sections will also be amended by replacing the title of “Town Coordinator” with the title of “Town Administrator” in Article XLII-Capital Planning By-Law- Section 1: And in: Article XLVII-Personnel By-Law –Section 3(b) and Section 3 (c)
 Passed/May 16th @ 8:37

At the annual town meeting of May 2014, this happened:

ARTICLE 20           CHANGE TO THE TOWN BUDGET PROCESS

To see if the Town will vote to change Article IV “Advisory Committee,” Section 4 of the Town By-Laws to read: 
“It shall be duty of the Town Administrator in conjunction with the BOS to consider expenditures and develop a budget for the ensuing fiscal year of the several boards, officers and committees of the town, as prepared by them in such form and detail as prescribed by the Town Administrator.”; or take any other action relative thereto. Submitted by the Board of Selectmen
On a substitute motion duly made and seconded the Town voted that Article III “Town Officers“ of the Town By-laws be herby amended:

4. “It shall be duty of the Town Administrator in conjunction with the BOS to consider expenditures and develop a budget for the ensuing fiscal year of the several boards, officers and committees of the town, as prepared by them in such form and detail as prescribed by the Town Administrator.”
Passed Unanimously/May 19th @ 8:38pm

As you can see, Article III, town officers of the Templeton general by-laws have been changed twice in 2 years. The question is was it suppose to be section 4A or was it meant to completely change section 4?  That question was asked of Town counsel and hopefully the email from counsel can be brought to the next Advisory Committee meeting so all members can see what Town legal counsel suggested in their opinion. It differs from what was put out at the last select board meeting. Just another glitch in Templeton governance. Templeton light, as in the rate payers , paid for a really detailed and expensive study of Templeton town governance. Perhaps that can be shared with the whole town through the Town website.


posted by Jeff Bennett




Thursday, December 15, 2016

This is not NOT a fake news story. It may be old news but sometimes history is worth looking at.
This is from the Town of Warwick, MA annual town report of 2007:

Selectboard Report for Fiscal Year 2007

 Personnel: The year saw many changes in both elected and appointed personnel. Ken Alden, who had retired effective July 5, 2006, after forty-four years of service to the Highway Department, died July 14, 2007. On August 14, 2006, Marcel Varney, who had been made acting Fire Chief on April 2, 2006, was appointed Fire Chief. A new town accountant, Tracey Baronas, was appointed and resigned after a brief tenure. The position of treasurer also became vacant in the spring when, after five years of devoted service under trying circumstances, Mary Neville Wall accepted a better-paying and less stressful position in southern Worcester County. Dana Robinson and Janice Barrett, respectively, were appointed to fill the treasurer’s and accountant’s positions. Terry Kemerer was appointed to a three-year term as Tax Collector and Rosa Calcari to a three-year term as Animal Control Officer. The board negotiated the resignation of Administrative Coordinator John Columbus. 

after reading the released executive session minutes, one quickly learns it was not really a mutual business as usual type of resignation.

Town of Warwick
Selectboard
May 14, 2007
Minutes of Executive Session

Present: Rick Abbott, Patricia Lemon, Jim Toth, Town Counsel Fernand
DuPere
I. Call to Order:  Executive session called to order at 4:05 p.m.

DuPere told the Board that Columbus had offered his proposal
unsolicited, indicating that he didn't enjoy working with the Board and
that the inclusion of Petition Articles 8 and 9 in the Town Meeting
Warrant had prompted his proposal.  The proposal (attached) included:
* Mutually amending his contract to end on November 30, 2007, rather
than June 30, 2008, which period was chosen to give him 5 months' salary
(one for each year as Town Coordinator) as severance pay (which Lemon
reported as $8,631.45=1726.25*5, based on an annual salary of $20,715)
* Continuing the Town's 75% share of his benefits until the end of
the amended contract (which Lemon reported as $292.12/month for Health
Insurance and $6.03/month for Life and Disability Insurance, totaling
$1490.75, according to information received earlier from Treasurer
Robinson),
* Taking his FY '07 vacation time (not cumulative) beginning on June
11 (which would be his last day in the office),
and
* Nothing in writing to prevent him from collecting unemployment
after the end of November.

Upon questions about the cost of the severance package, Lemon replied
that Columbus demands would add up to $10,122.20 in FY '08. Toth noted
that Hurlburt's unemployment had increased the Town's cost from about
$1000 to about $7000, an increase of about $6000, but that considering
the salary differential, Columbus' unemployment would most likely
increase it by more like $4000, bringing the potential cost of Columbus'
proposal to as much as $14,000, vs. completing his current contract
through June 30,2008 for $24,292. Toth noted that allowing him to
complete his current contract could leave the Town exposed in the event
of a serious error, whether innocent or vengeful on Columbus' part.

Lemon noted that any unemployment claim might be complicated by
Columbus' second job as a convenience store clerk, and DuPere added that
he believed the current period during which unemployment could be
collected is 26 weeks, lacking a disability claim, which could be up to
39 weeks.
Lemon offered the opinion that Columbus could be fired for cause, citing
a number of instances of mal- and non-feasance. DuPere agreed, but
warned that unless the Board was prepared to be sued - probably
successfully and certainly VERY expensively - it would be a long, draining
process, starting with a formal evaluation resulting in specific,
written complaints and specific steps for curing them and that given the
individual in question, the curative period would require constant
monitoring on the part of the Board, and even then his departure could
not be guaranteed.
Lemon MOVED that the Board authorize DuPere to offer Columbus 5-months'
severance pay, beginning July 1, 2007, and including benefits, but
specifying that his resignation was both voluntary and irrevocable.
Abbott SECONDED.  With a roll-call vote required, Toth voted "aye,"
Abbott voted "aye," and Lemon voted "aye."
DuPere said that the vote had been unnecessary, but that all the Board
had needed to do was give him a sense of their wishes, which he now felt
he had.
DuPere then retired to the SelectBoard office to confer with
Columbus. Upon his return to the Boards room, DuPere reported that he
had finally persuaded Columbus to accept the Board's terms and that he
could now draw up an iron-clad agreement that would protect both parties
from litigation on the subject but warned that Columbus could take up to
21 days to review the agreement before signing and that the only
guarantee that he would do so was his spoken word, which had already
proven unreliable in this matter as well as previous ones.
Lemon assured all in attendance that in the event he withdrew from the
agreement, she was prepared to begin the evaluation and reevaluation
process immediately.
Lemon and Toth both affirmed that they would be available to take over
Columbus' contractual duties between his departure on June 11 and the
hiring of a suitable applicant for the position, Lemon from June 11
through Toth's return to town in late July or early August, and Toth
after his return.  Both expressed their determination to be in the
office as often as possible to be sure they get the necessary computer
passwords and know how Columbus' filing is organized. There was
inconclusive discussion of appropriate actions in the event Article 8 of
the Town Meeting Warrant were to carry as written, and the Board agreed
on the wording of the statement Columbus had agreed to read during
discussion of the article, to wit:  "I have reached an agreement with
the Board of Selectmen that my last day of employment will be the last
day of November, 2007."
Toth MOVED that the Board direct DuPere to prepare a severance agreement
and release of all claims consistent with the previous motion with
regard to John Columbus' employment by the Town of Warwick.  Seconded by
Abbott.With a roll-call vote required, Toth voted "aye," Abbott voted
"aye," and Lemon voted "aye."
DuPere agreed that with time of the essence, he would fax or e-mail a
draft to Board members for amendment or approval at the earliest
possible date, possibly Monday or Tuesday, but certainly before Friday,
and that once it was finalized the Board could either call a Special
Meeting (with 48-hours' notice) or go into executive session with him
and Columbus at the regularly scheduled meeting on Monday, May 21 to
sign the final agreement.
Lemon MOVED that the Executive Session adjourn.  Toth seconded.  After
receiving advice from DuPere that it was necessary to go back into open
session long enough to adjourn that, the necessary roll-call vote was
taken: Toth "aye," Abbott "aye," and Lemon "aye."
At 5:20, Lemon called open meeting to order, whereupon Toth immediately
MOVED that open meeting be adjourned.  Lemon seconded.  Unanimously

approved. Minutes taken by Lemon for review by Abbott, Toth, and DuPere.


posted for your reading pleasure by Jeff Bennett

Wednesday, December 14, 2016

an email from Kent Songer who is the Templeton sewer department manager. I too shae his concern over what is going on with regards to the sewer department and the selectmen's apparent take-over attempt.

---------- Forwarded message ----------
From: Kent Songer <sewsup@yahoo.com>
Date: Wed, Dec 14, 2016 at 7:23 AM
Subject: Audit visit
To: Mark <m129@comcast.net>, Tom Jeleniewski <tom200is@juno.com>, Bobby <rdennis5870@comcast.net>
Cc: John Caplis <veteransservices@templeton1.org>, Selectmen John Columbus <seljcolumbus@templeton1.org>, Julie Richard <julie.richard@verizon.net>, Selectmen Doug Morrison <seldmorrison@templeton1.org>, Selectwoman Diane Haley Brooks <seldhaleybrooks@templeton1.org>, Wilfred Spring <185wilberdr@gmail.com>


Morning guys:

One of the members of the audit team came down to begin the review of our books and procedures.  We had about 15 minutes notice from Kate(who also didn't know they were coming).  I almost put him off to another day, but told him to come down.  When he arrived I met him and asked him if coming without notice was common practice.  I told him if we knew before hand, we could have gathered the information he needed to facilitate the process.  He said he was surprised that we didn't know he was coming and that we should have been told.  We provided him with all of the information we could on no notice.  He said he would come back Thursday after we exhume some paper records from the archives. 

You have to wonder and worry why Carter can write a long letter specifically to me, which includes quotes from MGL and Town Bylaws when he wants to gain control over our budget, but he can't send a one sentence email notice that would aid the financial and management review that he hopes we will help pay for?

I am writing this to you and copying the Board of Selectmen and Advisory Board Chairman for 2 reasons.  The first is that I am not convinced that the full board is aware of everything Carter is up to, and secondly I want a written record to substantiate my actions in what is building up to be a stormy and contentious budget process.

Regards,
Kent

posted by Jeff Bennett
Attempt to repeat history? ? ?

Recently there seems to be talk about the selectmen interfering with the sewer department. Selectmen seem to have gotten the idea they can take over and sewer funds to help bail them out with their screwed up spending plan presented to town meeting back in May. I believe it was referred to as a balanced budget. I have ideas who may be guiding at least one selectmen and it seems to be the plan that was tried in the past: selectmen become sewer commissioners and then selectmen will have control of the sewer budget and get their hands on the betterment funds. (in my opinion) There is a substantial amount of money in the Templeton sewer betterment fund and the exact amount shoulld be available from the Templeton Town accountant..


 ACCOUNTING FOR REVENUE:

  Betterments and special assessments are special property taxes. Anticipated revenues from apportioned and un-apportioned betterments and special assessments, including committed interest, are treated as estimated receipts when setting the tax rate and actual receipts are credited to the general fund unless:

 A. Enterprise Fund An enterprise fund has been adopted under G.L. Ch. 59 §53F½ for the capital improvement or facility for which the assessments are made. If so, the revenue belongs to the enterprise.

B. Estimated Sewer Assessments The revenue is from estimated sewer assessments made under G.L. Ch. 83 §15B for a sewer treatment plant or facility. If so, the revenue is reserved for appropriation to pay for the cost of constructing the plant for which the assessments are made or the debt service on the plant.

C. Special Act Betterment Reserves Special legislation specifically authorizes the betterment and special assessment revenue to be reserved for appropriation to pay for debt service or other purposes.

A thought on this subject is why the selectmen do not take the same approach to the light and water department? Templeton light & water is not a legal separate entity from the Town. Selectmen have a letter from the Massachusetts department of Revenue stating that.

posted by Jeff Bennett

Friday, December 9, 2016

Perhaps there is a loop tape playing out of Templeton Town hall? Looking at two weekly reports from the Town administrator, I find this:October 27, 2016; report from highway - "The winter sand operation is complete and the focus of the highway department will now be addressing potholes and tree issues and other resident concerns." In the December 1, 2016 weekly report from the Town administrator, I find this: report from highway - "Tree work on Baldwinville Road and Gardner Road. Continued to haul winter sand from the pit to the barn . . ." So back in October, the sand operation was complete but in December, highway is still doing sand operations. So which is it, complete or not? What does this indicate, at least from the highway department? What does it say about the Town administrator and this seemly repeat of things in weekly updates? I for one, do not want to be told something is complete if it is not, I do not want to be told there is $15,000.00 available when it is not. Please try to put forth some factual correct information and please stop the public relations spin. It is not working and makes it look worse than it already is, which is pretty bad already.



posted by Jeff Bennett