Sunday, July 22, 2018


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.








Saturday, July 21, 2018



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.

Section 69: Superintendent of water or sewer department

Section 69. If a town votes under section twenty-one to have its selectmen act as water and sewer boards, water commissioners or sewer commissioners, the selectmen may appoint a suitable person to act as superintendent of the water or sewer department or designate the superintendent of streets so to act if the town has voted to have its selectmen appoint such officer, who, subject to the control of the selectmen, shall have all necessary powers therefor.

Templeton voted to have independent and separate from the selectmen, elected sewer commissioners.

Templeton Sewer department is an enterprise fund operated department.

Templeton Sewer department is not listed in the FY 2019 general fund budget / spending plan.

Sewer users or rate payers, along with other fees (tipping fees)  cover the costs of operating the sewer department, with oversight of the Sewer department is handled by elected Sewer commissioners.

Why else would the selectmen and the Town Administrator speak of indirect costs [such as "charging" the Sewer department if sewer collections were to be handled at town hall in the treasurer/collector office?]

MGL chapter 41

Section 65: Sewer commissioners; powers and duties

Section 65. If sewer commissioners be chosen, they shall, as to sewers and drains, exclusively have the powers, perform the duties and be subject to the liabilities and penalties of selectmen and road commissioners.

What the Templeton general town by-laws say regarding sewer department.
Article XXIV – Sewers
Section 1. “The Selectmen, or Sewer Commissioners if duly qualified, may declare any sewer or drain laid in any land or way, public or private, open or proposed to be open for public travel, to be a common sewer, and that connections shall not be made with any common sewer, except by authorization from Selectmen or Sewer Commissioners, whichever the case may be, shall have the power to regulate the use of common sewers and connections which may be made with
them, by regulations duly enacted.”
Passed 5-10-75, Approved by A/G 9-2-75

Section 2. To amend the present common sewer by-law, Article XXIV, by adopting as town by-law the rules and regulations regarding the use of common sewers as outlined and stated in Publication No: 5541 of the Massachusetts Water
Resources Commission 1969, revised 1974, entitled “Suggested Rules and Regulations Regarding the use of Common Sewers for the Cities and Towns
of the Commonwealth of Massachusetts.”
Amended 10/28/76
TO:          Board of Selectmen

FROM:    Carter Terenzini, Town Administrator

RE:           Interim DPW Director

DATE:      July 19, 2018

CC:            N/A

Upon resignation of Alan Mayo as DPW director, I sent an email out to all area communities to ask them if they might be interested in exploring a shared administrative director (see exhibit A) Unfortunately, there was none.


Following that, I sent out an email to six firms seeking staffing proposals for an interim DPW director (see exhibit b). One responded with some interest and one referred a recently resigned Town Manager to us. The remaining four either did not respond or advised they were not in a position to propose at this time. At Alan's suggestion, I also reached out to the Bay State Roads program which offers technical training and support on local highway issues such as snow & ice control. They do not offer services on a consulting basis, but the instructor Alan spoke highly of does maintain a private practice in addition to his teaching responsibilities.

As a result of these efforts we have a mixed bag of proposals:


Don Jacobs Associates, a former Assistant Town Manager in Amherst and Town Manager in Southbridge and Plymouth and 30+ year professional in the business with a heavy concentration in HR matters would supply himself and Mr. Tom Woods, a 30 + year professional who worked his way up through the ranks in Leicester, MA and retired as DPW Director, who will undertake all of the assignments at $100.00 per hour.

Michael Smith, former highway Superintendent for Heath and instructor at Bay State Roads program, of Chainsaw Technologies who will undertake the snow & ice control analysis as he has done for Avon, Sudbury and Dover. His rate is $75.00 per hour.

Brian Palais, a Town Manager recently separated from the Town of Oxford as an outgrowth of a personnel matter he had to deal with that became controversial. He will undertake the assignments for $50.00 per hour.

While the most qualified proposer giving us the best overall review and work products would be Jacobs, his pricing would be virtually impossible to absorb within our current budgeting. Meanwhile, with the upcoming budget season rapidly approaching and a need to review our operational and capital needs for snow & ice control program, due to this being the last year of available sand from our pit; we have real needs within the department.

Accordingly, I seek your approval to engage Mr. Michael Smith, dba Chainsaw Strategies, in an amount not to exceed $5,500.00 to carry out an analysis of our snow and ice control operations as outlined in this proposal.

With respect to the interim DPW Director our only alternatives are to (a) keep going as we are, (b) try to do another round of inquiries, or (c) meet with your preferred candidate relative to any questions you may have on his background.

Friday, July 20, 2018

Templeton Board of Selectmen
                                  Town Hall, 160 Patriots Road, East Templeton
                                                Wednesday, July 25, 2018, 6:30 p.m.

Agenda
1. Call the Meeting to Order

2. Pledge of Allegiance

3. Public Comment

4. a. Meeting Minutes~ 6.11.18, 6.25.18, 7.11.18
b. Executive Session Minutes~ 7.11.18

5. New Business: 
a. Action RE: Appointments & Introductions
b. Action RE: Waive Right of First Refusal~59 Day Mill Drive
c. Action RE: One Day Liquor License ~ Templeton Fish & Game
d. Action RE: Proposed Name Change of Brazell Pond by USGS
e. Action RE: Class Action Law Suit RE: USA Payments in Lieu of Taxes
f. Action RE: Snow & Ice Planning & Status Interim DPW Director
g. Action RE: Lawn Tractor, Infield Groomer & Associated Retrofits
h. Action RE: Purchase & Financing of Fire Engine
i. Discussion RE: Personnel Policy Updates, Revenue Streams, Goal & Objective Setting, School Relations (Caplis)

6. Old Business:

7. Board & Staff Member Comments & Reports

8. Potential Request for Executive Session per MGL Ch. 30;§21.2, contract negotiations with non-union personnel (Town Administrator)

9. Adjournment

Tuesday, July 17, 2018

In the spending plan for fiscal year 2019, it states under the treasurer/collector office;
Treasurer/collector - $31.63 hourly or salary of $62,741.00
Deputy treasurer/collector - $22.01 hourly 19.5 hours /  $22,404.00 year.
administrative assistant - $15.15 hourly  19.5 hours / $15,421.00 year.

Not for nothing, given Templeton history of finance, perhaps we should stick to a stated plan rather than change after annual town meeting with voted appropriations? Why present to the people one thing, then after the vote, change it up? Maybe they think no one is paying attention.

TO: Board of Selectmen 
FROM: Carter Terenzini, Town Administrator 
RE: Administrator’s Weekly Report 
DATE: July 12, 2018 
CC: All Departments ______________________________________________________________________________ 
Important Notice to All Departments Job Openings: 
Assistant Town Accountant / / Assistant Treasurer/Collector // Director of Public Works

Also on Town website, under box; paid, volunteer and contract opportunities - there is position of assistant treasurer/collector listed.

Then there is this: 

On Jobquest the listing  Job Details   Massachusetts jobquest
 Assistant Treasurer/Collector
 10801813
 Open
 07/17/2018
 08/02/2018 
 $17.00
 $18.00
 Hour

Pay rate offered will depend on qualifications and experience.