Advisory Committee Recommendations for Special Town Meeting

Thursday, October 18, 2018 – 7:00 P.M.

Article 1.    Payment of late or unpaid bills from prior fiscal year:

                   Sewer Dept. -      $1,795.97

                   Cable Dept. -           110.40

                   Highway Dept.        220.80

Advisory Committee: This article funds outstanding obligations from prior fiscal years that the Town must pay. These bills will be funded from the current fiscal year budget.

Advisory Committee recommends favorable action on this article.

Article 2.     Amend Town by-laws with adoption of “stretch energy code”

Advisory Committee: This article will increase the cost of building in Templeton, however, it is a step toward Templeton becoming a “Green Community” and should benefit the Town by way of grant eligibility in future efforts to save on energy costs Town wide.

Advisory Committee recommends favorable action on this article.

                 

Article 3.     Amend Town By-Laws for repair of private Ways / Roads.

Advisory Committee: This article will allow all taxpayers to receive services paid for by tax dollars. Furthermore, this article along with other actions being pursued will allow these private roads to eventually become approved Town roads ending any stigma or division among Town residents concerning private roads versus Town accepted roads.

Advisory Committee recommends favorable action on this article.

Article 4.     Filing of special legislation to establish an infrastructure betterment fund.

Advisory Committee: This act would simply create an account /place for any funds collected from residents on private roads for permanent repairs or improvements completed on said roads/ways.

Advisory Committee recommends favorable action on this article.

Article 5.     Adopt Massachusetts General Law chapter 80, section 13b: defer repayment of certain betterment liens.

Advisory Committee: This article would help some residents over age 65 in the way in which betterment repayment is dealt with regarding the Town.

Advisory Committee recommends favorable action on this article.

Article 6.     Amend Town By-Laws by having employment contracts for all department heads.

Advisory Committee: This article would allow the Town to utilize this option as a marketing tool in attempting to attract new Town employees. Town Meeting must realize that some elected boards, such as Board of Health have say in employment contracts under the law.

Advisory Committee recommends favorable action on this article.

Article 7.     Amend Town By-law regarding animal control.

Advisory Committee: Action on this articles consists of repealing the current existing Town by-law in its entirety and replacing it with article 7 verbiage to bring the by-law in step with current state law. This article also allows for increases in dog license fees as well as significant increase in non-criminal disposition fines.

Advisory Committee recommends favorable action on this article.

Article 8.     MART dial a ride promotion.

Advisory Committee: This article deals with the Town’s share of ride share fees with regards to services such as Uber and Lift.

Advisory Committee recommends favorable action on this article.

Article 9.     Stone or Stoney Bridge road study.

Advisory Committee: This article deals with one step in the process that could allow the Town to pursue grants or other funding sources to be used in efforts to repair, maintain or replace of structure known as Stone (Stoney) Bridge.

Advisory Committee recommends favorable action on this article.

Article 10.     Fiscal 2019 Cable department budget supplement.

Advisory Committee: This article allows for more of the funds collected by way of contract agreement with Comcast Cable to be utilized to support the operation of the Town’s cable channel and broadcast of meetings of many Town boards, committees and events held in Templeton.

Advisory Committee recommends favorable action on this article.

Article 11.     Capital budget supplements.

Advisory Committee: While the committee has reservations of going back to taxpayers multiple times for more funding on the same project (s), it also acknowledges that town assets must be protected and invested in for long term tax dollar savings.

Advisory Committee recommends favorable action on this article.

Article 12.     Capital budget supplements

Advisory Committee: This article deals with two subjects, one being money for the Assessor’s office to replace a funding source that was presented to Town Meeting by board of selectmen that “fell through” and the other item involves tree work on Templeton common, which falls in line with maintaining , protecting and investing in Town assets.

Advisory Committee recommends favorable action on this article.

Article 13.     Fiscal Year 2019 general fund operating budget supplement.

Advisory Committee: Again, the committee cautions against the continued practice of using one time funds to support re-occurring expenses of the Town’s general fund expenses. The Town does have a reserve fund to deal with unanticipated emergencies. The committee also questions the need to supplement a legal budget of $60,000.00 as well as the need for additional IT funding this early in the fiscal year. Provided there is sufficient explanation of additional funding requests for legal and IT;

Advisory Committee recommends favorable action on this article.

Article 14.     Payment of Town share of Narragansett Regional School District debt.

Advisory Committee: This article will fulfill Templeton’s obligation to pay debt service that was dealt with at the May 2018 Annual Town Meeting.

Advisory Committee recommends favorable action on this article.

Article 15.     Fiscal Year 2019 operating budget transfer.

Advisory Committee: This article requests Town Meeting to approve a transfer of monies from one Town fund to another but it lacks specificity as to where the funds will be used; under Fire & EMS on the Town’s monthly expenditure report, there are funds for personnel, employee support, purchase of services, supplies and “other”. The committee feels that Town Meeting deserves to know what this proposed transfer will be used for, salary increases, maintenance, etc. Due to insufficient information on this proposed reallocation of funds:

Advisory Committee recommends against this article.

Article 16.     Deposits to the Town’s stabilizations funds and OPEB reserve fund.

Advisory Committee: The committee favors regular deposits into these funds, as it shows the Town is committed to building savings and/or reserve funds as well as providing a means to handle long term Town financial commitments and capital investment.

Advisory Committee recommends favorable action on this article.

In conclusion, Advisory recommends that residents of the Town be involved in the process of Town government by attending Town Meeting, voting and becoming involved through elected or appointed positions and committees that work to make the Town of Templeton a better place to work and live in.

Respectfully submitted by the Templeton Advisory Committee:

Jeffrey Bennett – Chairman          Michael Currie – Vice-Chair

Lee Guthrie – Clerk                       Tony DeJoy

Amy Guthrie                                  Debra Wilder

Wil Spring

FY 2019 budget - $60,000.00 for legal services under purchase of services. Included under that fund is Legal services, employee physicals, Town P.O. box, town forester plan. As of September 13, 2018, there has only been $1,412.97 spent.

So, at this early date, asking for $5,000.00 for unanticipated legal costs = ??????

One scenario is the MCAD (Massachusetts Commission Against Discrimination) regarding refusal to process raises for non-union employees of Sewer Department (in part, due to push back of elected sewer commissioners to bring collections to town hall and commissioners pushing back against the Town Administrator doing employee evaluations of Sewer employees.) Town Meeting vote beginning in 1996 gave that oversight to Sewer Commissioners.

The holding back of non-union employee raises, probably by town accountant not processing them, violates mandate by Town Meeting vote and I am insulted as a resident of Templeton.

Selectmen ignoring or overriding Town Meeting vote??

Why after three months have the Sewer department non union employees have not had their pay raises processed by way of Town Hall? At the Annual Town Meeting back in May of 2018, money was approved for non-union personnel of the sewer dept. pay increases. This money is budgeted for and by sewer dept., rate payers provide this: warrant article 19:

On a motion duly made and seconded the Town voted to appropriate the sum of One Million Seventy Seven Thousand Three Hundred Fifty Five Dollars and No Cents ($1,077,355.00) to operate the Sewer Department for Fiscal Year 2019 and to meet said appropriation by a transfer of Thirty Six Thousand Six Hundred Fifty Six Dollars and No Cents ($36,656.00) from the certified retained earnings of the Sewer Fund and the balance from the receipts and revenues to be collected on behalf of the Sewer Department for said fiscal year.
Passed Unanimously/May 19th @ 12:16 pm

Please contact the selectmen, town administrator and ask them what is the problem and then tell them to do what you voted for them to do!

Look at the warrant for the upcoming Special Town Meeting on October 18, 2018, article #13 - selectmen unanticipated legal costs - MCAD complaints? Again, why are the selectmen ignoring Town Meeting vote? Several Town Meeting votes in fact.

Maybe it is not low wages but bad management that keeps people and Towns from wanting to deal with Templeton?

Annual and Special Town Meetings

What’s the difference between annual and special meetings?

Each town must hold an annual Town Meeting. Additional Town Meetings are called special meetings. They may be called as many times during the year as necessary.

When are Town Meetings?

Annual Town Meetings, unless otherwise provided by special law or charter, must be held in February, March, April or May. The Board of Selectman may delay the annual meeting, but it must be completed by June 30th.

What does it mean that some towns have two business meetings?

A town may divide its business meeting into two meetings. Towns that do so hold one business meeting at the beginning of the year. The focus is primarily on the budget, finances, and taxes. The second business meeting is held in the fall. It is still part of the annual Town Meeting. The focus is on zoning, planning and by-laws.

In sum....
November: Some towns hold elections.
January, February, March, April, May, June: Some towns that held elections in November and December hold business meetings. Some towns hold both elections and business meetings.
Fall: Some towns hold second business meetings.

To the best of my knowledge, Templeton as a Town has not voted to divide it's annual town meeting into two parts, so any Town Meeting held after the required annual Town Meeting would be a special Town Meeting.  Following the guide from the secretary of state of MA, any Templeton Town Meeting held after the required annual Town Meeting would be a special Town Meeting rather than a fall town meeting; we should not allow our elected people to just start renaming things without our approval, otherwise you end up with things like a change in the budget format being done without our approval, per the DOR. If these things are not challenged and our elected people are allowed to keep making incorrect statements, pretty soon those items become accepted as fact rather than what they are; misinformation statements.

Templeton Board of Selectmen
Annual Retreat
Fire Station, 466 Patriots Road, Templeton, MA
Wednesday, September 19, 2018, 6:00 p.m.

Agenda 
1. Call the Meeting to Order 

2. Discussion and review Draft FTM Warrant (max 30 minutes)

3. Annual Goal Setting

4. Adjournment 

The listing of Agenda items is those reasonably anticipated by the Chair which may be discussed at the meeting. Not all items listed may in fact be discussed and other items not listed may also be brought up for discussion to the extent it is permitted by law.

What constitutes a public body?


While there is no comprehensive list of public bodies, any multi-member board, commission, committee or subcommittee within the executive or legislative branches1 of state government, or within any county, district, city, region or town, if established to serve a public purpose, is subject to the law. The law includes any multi-member body created to advise or make recommendations to a public body, and also includes the governing board of any local housing or redevelopment authority, and the governing board or body of any authority established by the Legislature to serve a public purpose.

Boards of selectmen and school committees (including those of charter schools) are certainly subject to the Open Meeting Law, as are subcommittees of public bodies, regardless of whether their role is decision-making or advisory.

The above can be found by looking up the Massachusetts Open Meeting Law guide.

jeff bennett

|

Sat 9/15/2018 7:34 AM

To:

selectmen.fortes@templeton1.org;

Selectman Caplis (selectmen.caplis@templeton1.org);

Selectwoman, Diane (seldhaleybrooks@templeton1.org);

selectmen.richard@templeton1.org;

Doug Morrison, Selectmen (seldmorrison@templeton1.org);

185wilberdr@gmail.com;

quiltingamy36@gmail.com;

glee70@yahoo.com;

debra_wilder@comcast.net;

Michael Currie (michael.currie71@gmail.com);

tdejoy@comcast.net;

advisorycommittee@templeton1.org

...

 

You forwarded this message on 9/15/2018 7:34 AM

 

Watched BOS meeting of Sept. 12, 2018. chairman Caplis spoke around "someone, not sure who, to someone in Boston about having a discussion group . . . " As you all can see from the email below, I stated exactly whom I spoke with and what the issue is or might be. I am insulted that a selectmen goes to a public meeting and talks in circles rather than just stating the already on the record communication. It was originally a selectmen; selectmen Fortes who mentioned a subcommittee at an advisory committee meeting. To be sure, it is not just about a by-law concerning advisory committee, it is about the process of developing a town budget, who does that and in what form (only town meeting can decide on what budget format will be used for the ensuing year according to the DOR, please check that as I have already done) whom shall present the town budget to Town Meeting, there is a MGL stating whom should do that unless there is a town by-law stating other wise, which in my opinion, Templeton does not have one that speaks directly to that. I am also a little insulted as a resident of Templeton that the select board appeared to laugh that another committee would attempt to follow the law. Lastly, if you watch the meetings, not all advisory members were in attendance at the so called joint budget meetings as well as having heard the information for the first time on such important issues, it is probably a good thing to not comment or make a decision at that instant. Makes the point that the budget needs to begin sooner so there is more time to digest what is presented, allowing more time to make considerations and judgment, decisions, votes, recommendations etc. Going down the route of codification shows this resident that the selectmen are not the by-law experts so why should we, the town, leave any by-law changes to just the select board? In the end, it is town meeting that decides if any changes will be made and what those changes might be. True working together means the opinion or memo from the Collins institute would have been shared with the advisory committee back in the fall of 2017 and discussion would have taken place before budget and town meeting warrant presentation and perhaps consensus made, or not, but that would have been truly working together, which in my opinion, this board of selectmen is long on talk and short on walk.

That is how this concerned Templeton resident sees it.

respectfully;

Jeffrey Bennett

(senior citizen, Veteran, volunteer for his Town, State and Country)

---

From: Selectman Caplis <selectmen.caplis@templeton1.org>
Sent: Tuesday, August 28, 2018 2:12 PM
To: selectmen.fortes templeton1.org
Cc: jeff bennett; michael.currie71@gmail.com
Subject: Re: meeting

 

Already on the agenda for our next BoS meeting thanks Cameron

Sent from my iPhone

On Aug 28, 2018, at 12:27 PM, selectmen.fortes templeton1.org <selectmen.fortes@templeton1.org> wrote:

Templeton MA templeton1.org Town of Templeton, MA Templeton Town Hall, 160 Patriots Road, East Templeton, MA 01438 Department, Board, Committee Phone Numbers & Addresses

John,


You would be correct. If we are going to be formally recognized as a subcommittee. We need to establish charge and appointments. This will have to go back to the Board of Selectmen for us to outline the subcommittees power and duties which will then have to go to the advisory committee.

I am not certain how Jeff may have describe the arrangement to the AGDOG but I don't believe a claim would be upheld following their own prescribed testing by right of the second test.

1) is the communication between or among members of a public body; (yes) John & Me (Selectmen) and Michael & Jeff (Advisory)
2) if so, does the communication constitute a deliberation; (No)
3) does the communication involve a matter within the body’s jurisdiction; and
4) if so, does the communication fall within an exception listed in the law?

Rationale
This does not constitute deliberation simply by this measure here. Found within the 2017 OML Guide
To be a deliberation, the communication must involve a quorum of the public
body. A quorum is usually a simple majority of the members of a public body. Thus, a
communication among less than a quorum of the members of a public body will not be
a deliberation, unless there are multiple communications among the members of the
public body that together constitute communication among a quorum of members.
Courts have held that the Open Meeting Law applies when members of a public body
communicate in a serial manner in order to evade the application of the law.


I believe the AGDOG provided Jeff with a "why not just post a meeting to avoid any conflict" rather than giving you legal advice. However, since he has made an inquiry, they documented it, and they advised us to post a meeting I believe it would be pretty bold at this point to deny their advice and risk having an OML complaint filed. Since they already make their "recommendation" and we ignored it. John can you place an agenda item on the next board of selectmen's meeting and we will propose a small subcommittee that will have to be voted on and approved. If we are going to do this right it looks like we will have to go the full 100 yards since there was an AGDOG inquiry. We don't meet until the 12th so I don't believe this will be getting on the fall town meeting to be corrected.

Regards,
Cameron Fortes

On August 27, 2018 at 8:44 PM Selectman Caplis <selectmen.caplis@templeton1.org> wrote:

ALCON

 If that is the case on there interpretation of the purpose  of the meeting with the two from the BoS and from the AC then the BoS would need to provide appointments prior to us meeting as well with a scope and duration of said sub committee, at least that's how I read it, if I am mistaken please let me know.
Please advise
Caplis   

Sent from my iPhone

On Aug 27, 2018, at 8:15 PM, jeff bennett < j_bennett506@hotmail.com> wrote:

Just got home; got a phone call from the division of open government today, with advice on the issue I raised about four people meeting; it was suggested that it appears to be a sub committee which is covered by open meeting law and hence it requires posting. So, perhaps Thursday is the day rather than Wednesday in order to hit the 48 hour rule.

 

Bennett