Chairman of the Board of Selectmen John Caplis asked the State Ethics Commission for advice about the conflict of interest law, MGL, chapter 268A.
Mr. Caplis has a medical consulting business located in Templeton. The one thing not mentioned in the letter sent to John Caplis from the state Ethics Commission is the fact the John Caplis served as the Templeton Veterans Service officer for a few years.
Become a Veterans Service officer for the Town, become a selectmen and then use those two positions to develop a client base and start a business to personally benefit oneself. (financially)
That is the conclusion I come to and that is my personal opinion.
I am interested in seeing the plan put before the Templeton Planning Board for things such as location, parking and all of those pesky things.
The letter from Ethics is on file with the Templeton Town Clerk's office.
Friday, July 27, 2018
Thursday, July 26, 2018
TO: Board of Selectmen
FROM: Carter Terenzini, Town Administrator
RE: Administrator’s Weekly Report
DATE: July 26, 2018
CC: All Departments
Town Accountant: Lynn continues to work through the audit of the Sick, Personal and Vacation. She will be out of the office next week, so we plan to wrap that up by the end of the following week. I am still working on finalizing the year end financials. The hope was to present the final quarter & yearend reports at the selectman’s meeting on August 8, but that needs to be pushed off to August 22nd. Luanne will be out of the office that week and I have some appointments that day that can’t be changed and I won’t be back to town in time for the meeting. The auditors are scheduled to come the week of August 27th to do the field work
Public Works
Highway Department: The Interim DPW Director had a long-planned family vacation next week so will begin on 08/07. We expect to kick-off the snow and ice study that week as well. I met with the Pavement Managements System study engineer. He has competed his ride-over on all of the streets. He expects to circulate a mapping of the Town next week (private vs accepted vs state, etc) for vetting. Our hope is to have a Draft for review and comment by 09/01 and then be before you on 09/26
We now have to have a study to get the roads plowed, cannot wait.
The expenditure report for June will not be ready until the third week of August. Excellent!
FROM: Carter Terenzini, Town Administrator
RE: Administrator’s Weekly Report
DATE: July 26, 2018
CC: All Departments
Town Accountant: Lynn continues to work through the audit of the Sick, Personal and Vacation. She will be out of the office next week, so we plan to wrap that up by the end of the following week. I am still working on finalizing the year end financials. The hope was to present the final quarter & yearend reports at the selectman’s meeting on August 8, but that needs to be pushed off to August 22nd. Luanne will be out of the office that week and I have some appointments that day that can’t be changed and I won’t be back to town in time for the meeting. The auditors are scheduled to come the week of August 27th to do the field work
Public Works
Highway Department: The Interim DPW Director had a long-planned family vacation next week so will begin on 08/07. We expect to kick-off the snow and ice study that week as well. I met with the Pavement Managements System study engineer. He has competed his ride-over on all of the streets. He expects to circulate a mapping of the Town next week (private vs accepted vs state, etc) for vetting. Our hope is to have a Draft for review and comment by 09/01 and then be before you on 09/26
We now have to have a study to get the roads plowed, cannot wait.
The expenditure report for June will not be ready until the third week of August. Excellent!
Could have been Templeton:
Town of Warren to join Rutland dispatch center, with Hubbardston to save about $18,000.00 per year with Warren coming on board. Currently Hubbardston spends about $134,241.00 on dispatch, which will go down to about $116,502.00 per year. Lets head to the bank skipper, we have taxpayer cash saved to deposit. Instead, Templeton builds a jail cell and now locks up people in Athol State police barracks.
Maybe Templeton will not have to lock any one up, I mean if the roads are not plowed, the police will not be able to get there anyways.
Town of Warren to join Rutland dispatch center, with Hubbardston to save about $18,000.00 per year with Warren coming on board. Currently Hubbardston spends about $134,241.00 on dispatch, which will go down to about $116,502.00 per year. Lets head to the bank skipper, we have taxpayer cash saved to deposit. Instead, Templeton builds a jail cell and now locks up people in Athol State police barracks.
Maybe Templeton will not have to lock any one up, I mean if the roads are not plowed, the police will not be able to get there anyways.
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?
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?
Wednesday, July 25, 2018
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.
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.
Tuesday, July 24, 2018
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 14th 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
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.
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
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