Sunday, April 16, 2017

Food for thought:

Templeton highway department came to the Advisory Committee via the Town Administrator to request a transfer from the Town reserve fund for the vehicle maintenance / supplies account. Transfer request was in the amount of $10,000.00. Reason for the request was that $20,000.00 plus was used from that fund to repair a pump for a fire department truck. The reserve fund transfer was granted on April 5, 2017, but now, according to the town administrator weekly report of April 6, 2017, highway department equipment  or vehicles are out of service because there is not enough money in the budget to repair them. Further investigation is needed on this issue, however, the T/A stated that H7 (10 wheeler) needs brakes & rear spring, H9 (6 wheeler) sander is down, needs a chain and welding, rear spring, H12 (10 wheeler) brakes, H35 (ford 1 ton) brakes, H13 (loader L90) wiring and fuel pump issue - in yard use only, H7, H9 & H12 are used for plowing & sanding, H9 is not available for sanding. H35 & H13 are used for plowing.

H13 listed as in yard use only so it must plow the highway barn area out???

Perhaps if the selectmen, through the Town Administrator would not try to manage the Town reserve fund and leave that to the Advisory Committee, there would be enough money in the machinery repair/supplies account to fix most of the above. Think about it, you spend $20,000.00 or more out of an account and say it was unexpected then ask for only $10,000.00 to replenish what was spent unexpectedly, I do not see how one expects good results. Seems like the smart move would or would have been was to allow the fire chief come to Advisory Committee and ask for a reserve fund transfer to cover the pump repair, as there was over $40,000.00 left in the reserve fund. But heck, what would rank amateurs know about that? Remember, Templeton has a fine financial team in place and they have it under control, the selectmen say so! You will see that with the financial transfers required to fix the fiscal year 2017 spending plan that the amateurs questioned. Good day.


posted by Jeff Bennett
Well, in the Town Administrator weekly report, he states "April 12 2017 has been devoted to working through a public records request, working with Town Counsel on litigation matters, preparing a revised annual town meeting warrant (after the warrant has closed) preparing/following up on various budget matters and preparing a response to the management letter in preparation for the informal presentation being made to DOR to receive their guidance as to how they would like to see us deal with the deficits - by appropriation or raise on the overlay.) Do not worry, Templeton has a great financial team in place, well, maybe the treasurer/collector is missing, but hey, ya'll can watch the rank amateurs talk about that team shortly!

posted by Jeff Bennett
Fire department spending plan put forward by the Town Administrator and selectmen.

page 121a in the fiscal year 2018 budget/spending plan, there is a line item under Fire & EMS that shows two (2) career / full time fire fighter / EMT-P with a dollar figure of $88,400.00 and taking into account the additional costs of benefits such as health insurance and retirement and with the stated plans for two more full time fire fighter / EMT-P for next year, one has to wonder how long will it be before Templeton has another labor contract to deal with.

One also has to wonder if these additional costs to the taxpayers will be able to be sustained with the numbers now being presented, as in will this FY 2018 spending plan work as a base for fiscal year 2019 and beyond. This is an example of the town government growing when it does seem to be able to afford what it already has. Begs the question why Templeton charges Phillipston so little for dispatch service.


posted by Jeff Bennett
MMWEC -

MMWEC Created

In 1969, with the workload of developing an independent public power supply expanding, the municipal utilities decided to create MMWEC, which started out as a private company managed by a public trust. In 1973, municipal utilities became full members of NEPOOL and acquired legislative authority to issue tax-exempt bonds, individually, to purchase shares in NEPOOL power plants. MMWEC coordinated the power supply planning and acquisition activities of the municipals. At the time, the law required each utility to obtain approval for and carry out individual bond issues, a process resulting in duplicated efforts and costly delays.

MMWEC Powers Expanded

This changed with the enactment of Chapter 775 of the Acts of 1975. Under this law, in May 1976, MMWEC became a non-profit, public corporation and political subdivision of the Commonwealth with the authority to issue tax-exempt revenue bonds to finance electric power projects on behalf of its members.
Using its statutory financing authority, MMWEC has issued more than $4.4 billion in bonds to finance and refinance its 720-megawatt ownership interest in five major generating plants, creating an independent power supply for Massachusetts municipal utilities.

Member Utilities

MMWEC Member utilities believe in Joint Action to achieve common goals. They deliver the full benefits of MMWEC programs and services to their customers, who enjoy some of the most competitive electric rates in New England. Members also are entitled to serve on the MMWEC Board of Directors and vote in the annual election of directors. Together, we are Public Energy Partners, striving to advance the interests and rights of public power.
 Members of the cooperative in 2004 entered into agreements to purchase the entire output of the Berkshire Wind Project, but In 2007 decided to pursue outright ownership and to complete development of the project. MMWEC and the Princeton Municipal Light Department created a similar cooperative last year to develop a 3-MW wind project in Princeton, Mass. The municipal utility members of the cooperative are based in the communities of Ashburnham, Boylston, Groton, Holden, Hull, Ipswich, Marblehead, Paxton, Peabody, Shrewsbury, Sterling, Templeton, Wakefield and West Boylston.




MMWEC, Municipal Utilities Awarded Energy Efficient Street Lighting Grant LUDLOW, Mass. -- December 14, 2016 -- Massachusetts Municipal Wholesale Electric Company (MMWEC) has received a $2.9 million grant under the state Department of Energy Resources’ LED Street Lighting Accelerator Program on behalf of 16 member municipal light departments. The grant will help pay for the cost of new energy efficient LED street light fixtures, long-life photoelectric controllers and wireless controllers for the fixtures. The grant is part of $11.4 million in LED Street Lighting Accelerator Program funding awarded this week by the Baker-Polito Administration to more than 30 communities. The participating MMWEC member municipal light departments are located in Boylston, Chicopee, Holden, Holyoke, Hull, Ipswich, Mansfield, Marblehead, Paxton, Peabody, Princeton, Shrewsbury, South Hadley, Templeton, Wakefield and West Boylston.


posted by Jeff Bennett






Massachusetts General Law - chapter 40

Section 4: Towns; power to contract; purposes

Section 4. A city or town may make contracts for the exercise of its corporate powers, on such terms and conditions as are authorized by the town meeting in a town, the town council in a town without a town meeting, the city council in a city with the approval of the mayor or the city council in a Plan D or Plan E city with the approval of the manager, or as otherwise authorized in accordance with a duly adopted charter. A city or town may not contract for any purpose, on any terms, or under any conditions inconsistent with any applicable provision of any general or special law.

It seems the selectmen may have put the Templeton Town Treasurer / Collector on administrative leave. The Templeton police may have escorted her out of Town Hall. 

We shall see!
It seems the Town Administrator may have emailed all Town employees and asked them for their usernames and passwords. This may be for the proposed IT upgrade and under the guise of security, but the first question is what about the Deputy Assessor and Town Accountant and their username and password for VADAR. Advisory asked for electronic access to VADAR so as to be able to electronically look at Town finance picture and the committee were told an additional user involved fees. Now with the Town Administrator asking for usernames and passwords, he could conceivably go onto any sight as someone else (using their username and password) and make changes, look at information and other things. If this in fact happening and the T/A gathers usernames and passwords, I think VADAR needs to be contacted and informed of this. Perhaps this is another control thing.

So with the selectmen presenting a budget that is already proven to be flawed, a possible treasurer/collector missing in action so to speak, the T/A making more control moves, one has to admirer the smooth operation at town hall. 


posted by Jeff Bennett

Saturday, April 15, 2017

Town of Templeton General by-laws

Article VI - Contracts by Town officers

section 1.   Unless otherwise provided by the general laws or a vote of town meeting, the board of selectmen is authorized to enter into any contract for the exercise of the Town's corporate powers on such terms and conditions as are deemed appropriate. Notwithstanding the foregoing, no board, committee, commission or town officer shall contract for any purpose, on any terms or under any conditions inconsistent with any applicable provision of any general law or special law. (G.L. c. 40, section 4, Town meeting designation of contracting authority).

Town Meeting vote in 2013 ATM:

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

Town Meeting vote in 2014 ATM:
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

Seems like one year, town meeting gave authority to selectmen to have someone else authority for contracts then changed that in 2014, interesting situation. Check the existing Templeton General by-laws not online and then contact the Town clerk.

Seems like there were a few executive session meetings around the time the contract between the Town of Templeton and Local 39, so unless the selectmen held some bogus meetings, it would seem they, the selectmen met to discuss and vote to accept said contract. The selectmen may have instructed the town administrator, Robert Markel to sign on their behalf, or more correctly, on the Town's behalf, the selectmen are ultimately responsible for the contract and approving the budget or spending plan that has to fund it, such as freebies for little davey.

Article VII - Legal affairs

section 1. The selectmen shall be agents of the town to institute, prosecute and defend any and all claims, actions and proceedings to which the town is a party or in which the interests of the town are or may be involved.

If anyone takes the time to check, you will find first, that it is not debt of the Templeton municipal light & water department, it is debt of the Town of Templeton. The votes are in the reports of Town meeting. There is also a letter from the DOR to the light & Water commissioners and selectmen, dated January 9, 2014 that said among other things, with regards to borrowing, Templeton light is NOT a legal separate entity and with regards to borrowing, must go before the legislative body. That is why the people had to vote on the borrowing for a new water tank, so when anyone voted to borrow for a new water tank, they essentially voted to add more debt to the town. If anyone wishes to place blame on the light & water department for increased debt, they would be wrong, it was town meeting, the same way the 47 million dollar appropriation for a new school was voted on. Again it was the selectmen who placed that question before town meeting, so it would have been the selectmen's responsibility to explain both to town meeting, in an honest way, and what might be the consequences of each vote. I think the selectmen failed, especially Johnny Columbus.

So stop blaming the light commissioners for the added debt, they just asked for it, town meeting said do it and the selectmen supported it!


posted by Jeff Bennett


Never said it is against the law to use chapter 90 grant funds to buy equipment. I said the money should be used by the town to repair it's roads, as in Templeton town infrastructure, as in Town assets.

I said that chapter 90 money was used to buy an excavator that was and is not needed. I do not know how towns such as Ashburnham, Winchendon, Athol, Westminster and on and on, get their roads repaired and repaved without an excavator.

No tax override until Templeton's finances are in order for three years in a row and that includes no 30 plus financial transfers to "fix" stuff, because if you have to move money around to cover other so called budget items, then the original plan is bad to begin with, as Templeton has recently seen with regards to the fiscal year 2018 spending plan.




The Chapter 90 Program was enacted on March 23, 1973, by vote of the Public Works Commission to entitle Municipalities to reimbursement of documented expenditures under the provisions of General Laws, Chapter 90, Section 34, Clause 2(a) on approved Projects. The Funds provided from Transportation Bond Issues authorizes such Capital Improvement Projects for Highway Construction, Preservation and Improvement Projects that create or extend the life of Capital Facilities as follows:

Chapter 90 is a 100% Reimbursable Program

Grants are made in accordance with Section 34 Chapter 90 MGL. These funds shall be used in compliance with all applicable statutes and regulations, including but not limited to, Chapter 30, Section 39M; Chapter 149, Section 44J; Chapter 149, Section 26-27F; as applicable for maintaining, repairing, improving and constructing town and county ways and bridges which qualify under the State Aid Highway Guidelines adopted by the Public Works Commission.

Project Guidelines Included in the Chapter 90 Law

Funds must be allocated to roadway projects, such as resurfacing and related work (the minimum for resurfacing shall be 3/4" course with a continuous length of 500') and other work incidental to the above such as preliminary engineering including State Aid/Consultant Design Agreements, right-of-way acquisition, shoulders, side road approaches, landscaping and tree planting, roadside drainage, structures (including bridges), sidewalks, traffic control and service facilities, street lighting (excluding operating costs), and for such other purposes as the Department may specifically authorize. The municipality shall provide documentation of compliance with Chapter 149, Sections 44J and 26-27F; as applicable.

Additional Project Guidelines for Chapter 90 Work Voted and Approved by the Board of Commissioners on September 28, 1994


Highway Construction, Preservation and Improvement Projects that Create or Extend the Life of Capital Facilities

Resurfacing, Graveling, Microsurfacing, Pug Mill Mix (cold mix), Chip Stone Seal, Oil and Stone, Infrared Repairs (in connection with surface treatments), Recycled Aggregate Pavement, Rip Rap, Fabric, Crack Sealing, Drainage, Intersections, Shoulders, Guardrails, Sidewalks, Footbridges, Berms and Curbs, Traffic Controls and Related Facilities, Right of Way Acquisition, Street Lighting (excluding operating costs and decorative enhancements), Construction, Direction and Warning Signs (must comply with MUTCD), Bridges, and Tree Planting/Landscaping in association with a project.

Projects and Uses

Bikeways, Salt Sheds, Garages (construction and additions) for storage of road building equipment. Bikeways and Public use of off-street parking facilities related to mass transportation, a facility with bus or rail services. Engineering services and expenses related to highway and mass transportation purposes. Pavement management systems, development and maintenance.

Road Building Machinery, Equipment and Tools

Care, repair and storage must be project related and submitted on the same project request form. Purchase, replacement and long-term lease of road building machinery, equipment and tools that must remain the property of the municipality. Long-term lease will be reimbursed once annually for the construction season.

Road Building Equipment

Air Compressor, Asphalt Hot Box, Back Hoe, Berm Machine, Catch Basin Cleaner, Chipper, Wood & Brush, Chain Saw, Clam or Dragline, Compactor, Concrete, Floor Trowel, Concrete Mixer, Crack Sealer, Crane, Excavator, Generator, Grader, Gradall, Infrared Machine, Jackhammer, Lab Testing Equipment, Loader, Pavement Breaker, Paver, Pump, Roller, Spreader for Chip Seal Project, Striper, Survey Equipment, Sweeper, Tools, Tractor, Trailer, Trencher, Truck, Minimum 27,000 Pounds, Welder

So, again, if there is or was a problem with salt storage, stop buying un-needed equipment such as excavators, which sit a good portion of the year and build a proper salt storage facility and preserve an expensive item, road salt.

posted by Jeff Bennett