From: Bennett, Jeff <jbennett@TempletonMA.gov>
Sent: Wednesday, July 29, 2020 8:40 AM
To: Terenzini, Carter <cterenzini@TempletonMA.gov>; Adam D. Lamontagne <alamontagne@TempletonMA.gov>
Subject: contracts/agreements

 

Looking over contracts/agreements section of town website, I see ACO agreement with Winchendon expired on June 30, 2020 and employment agreement with Treasurer/Collector set to expire on July 31, 2020.  I hope these items have not been forgotten in the midst of corona, as the case for town hall to be staffed is because town business has to be done, well . . . . . . . 

 

regards;

Jeff Bennett

 From: Terenzini, Carter <cterenzini@TempletonMA.gov>

Sent: Wednesday, July 29, 2020 8:53 AM
To: Bennett, Jeff <jbennett@TempletonMA.gov>; Adam D. Lamontagne <alamontagne@TempletonMA.gov>
Subject: RE: contracts/agreements

 

Police Chief (and I’m not quite sure he had the authority so am checking) signed a one-year ACO

 

from statehouse news - January 13, 2021.

BOSTON (SHNS) – Employees who worked New Year’s Day will be the last to get paid time-and-a-half for their efforts on the holiday if Gov. Charlie Baker signs off on a piece of the $626 million economic development bill on his desk.

That bill would add the first of the year, as well as Columbus Day and Veterans Day, to the list of holidays for which premium pay will be phased out. The change is rooted in a deal struck by lawmakers in 2018 with retailers and small business groups that resulted in a ballot question that would have reduced the state’s sales tax from 6.25 percent to 5 percent being withdrawn.

The addition of the three holidays to the gradual phase-out of premium pay on Sunday and holidays was tucked into the economic development bill passed by the Legislature in the early morning hours last Wednesday.

Baker is still reviewing the bill, and has the power to veto individual sections if he disapproves. But should he sign the holiday provision, those three days would join Memorial Day, Juneteenth, July 4 and Labor Day as holidays that employees by 2023 will no longer get paid extra to work.

In 2018, legislators and various interest groups pursuing ballot initiatives related to the sales tax, minimum wage and paid leave struck a so-called “grand bargain” to keep those questions from going before voters.

In exchange, the Legislature passed and Baker signed a law implementing a paid leave program and gradually increasing the minimum wage to $15 an hour. Retailers won a permanent annual sales tax holiday and the phasing out of the Blue Laws that required premium pay on Sundays and holidays.

Retailers Association of Massachusetts President Jon Hurst, however, has long said that in a drafting error the law did not reflect the full terms of the deal because it excluded New Year’s Day, Columbus Day and Veterans Day.

The group allowed the bill to move forward and withdrew its ballot question based on assurances, Hurst says, that the language would get fixed at a later date. That date could be now.

“The Retailers Association of Massachusetts appreciates the work of the Legislative leadership to fix the Grand Bargain drafting error, and to follow through on the original deal,” Hurst said.

“Particularly in these times of accelerating online sales due to the pandemic, we must make sure our local brick and mortar merchants are not put at a competitive disadvantage under antiquated, only in Massachusetts mandates, like the retail Blue Laws,” he said.

Based on the “grand bargain” law, premium pay on holidays and Sundays dropped to 1.2 times a worker’s hourly rate in 2021 and will decrease to 1.1 times the normal wage in 2022.

When the minimum wage hits $15 an hour on Jan. 1, 2023, workers will no longer be entitled to premium pay.

 Too Much Time On My Hands??

Question of the day: Did we do it right??

On the follow up to 2009 Templeton, town of, financial review from the MA DOR:

 

page 6 of DOR Templeton Financial Review: Because the town has no charter, we recommend that special legislation be drafted to create a town administrator position. A proposal would be presented and approved by town meeting, then filed in the Legislature. It is likely a town-wide vote would also be needed. In addition to powers and responsibilities, the special act should include a screening and selection mechanism, as well as provisions for annual performance reviews. Other towns’ special acts can be referenced for drafting guidance.

 

1998 Templeton annual town meeting vote:

article 11. 

To see if the Town will vote to adopt GL. c.41-s23C, to create the position of Executive Secretary (hereinafter entitled “Town Coordinator”) to 

perform town administrative duties under the supervision and control of the Board of Selectmen; or to take any other action relative thereto.

 

On a motion duly made and seconded the Town voted to adopt GL. c.41-S23C, to create the position of Executive Secretary (hereinafter entitled “Town Coordinator”) to perform town administrative duties under the supervision and control of the Board of Selectmen, and to Raise and Appropriate the sum of Forty-Eight Thousand Dollars ($48,000,00) to finance said position

Passed June 23, 1998 YES-49 NO-46.

 

2013 annual town meeting: 

Article 46 To see if the Town will vote to amend Article III of the Revised General By-laws by adding the following new section 4 or to take any other action related thereto:

 

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

Maybe I need a Hobby!

 Some financial best practices from DOR/DLS:

https://www.mass.gov/doc/annual-budget-process-in-towns/download

https://www.mass.gov/doc/quarterly-budget-projections-0/download

https://www.mass.gov/doc/free-cash/download

https://www.mass.gov/doc/special-purpose-stabilization-funds/download

https://www.mass.gov/doc/user-fees-0/download

 Residents should not only show up for town meeting, they should educate themselves on the process and the rules; do not expect someone else to do that. There is the administrative part of town government ie; town administrator & selectmen, there is the advisory committee and there is the legislative branch, ie; town meeting.

Constitutional principles govern the fee-setting process. In Emerson College vs. City of Boston (1984) ¹ the Supreme Judicial Court established a three-prong test to distinguish fees from taxes. The Court stated that fees are:

1. Based on services being performed or delivered;
2. Legitimate when the services received for the fee are provided only to the beneficiaries of the services, rather than the general public; and
3. Paid by choice.

Only a legislative body has the authority to assess taxes, which have the following three characteristics:

1. Enforced contribution to provide for the general support of government;
2. Levied for a broad range of services, or the General Fund; and
3. Not exclusive to meet expenses incurred in providing a service.

Fees may not be used purely as a tool to raise revenue, but should reflect the government's expense in providing the service associated with the fee. Expenses may be defined as the reasonable costs imposed on an agency for providing a service or regulating an activity, including administrative and enforcement costs.

Residents and town meeting attendees should also be aware of who can change the budget format of the town; opinion of the MA department of Revenue; only town meeting can change the budget format (from say line item to omni bus) that opinion can be found online (if you are good and have patience; I went to the DOR via email and asked for it by way of FOIA and they sent it to me) you can find the context of that opinion in the handbook of association of town finance committees online and some towns advisory or finance committees have links to that handbook. 

from ATFC handbook, page 20;

The format found in the law addresses itself to budgetary basics. Almost all towns and cities in the Commonwealth go well beyond this in their annual budget presentation package (see Chapter 2). DOR has also ruled that only a town meeting — not the finance committee or selectmen — may determine the exact budget format to be used (see In Our Opinion, 92-145). As a practical matter, town meeting would have to vote to reject the present format and request a new one for the following year.

Templeton T/A & selectmen changed town budget format without asking town meeting at the 2017 annual town meeting; once this is allowed to happen and is repeated unchecked, it soon becomes accepted, as if it was done in correct way; I believe it is time Templeton town meeting residents were asked what they want, if for no other reason, that it can be said truthfully, they were asked and voted. While it seems residents have decided they prefer omnibus versus line item and I state that  because as town meeting had been asked if they wanted to go over their budget line by line, they voted no; I think if we are going to state that "Templeton is heading in the right direction" we should do the things required correctly; much like having to go back to town meeting to get a town meeting vote on the record adjusting town budget so the town was able to cover the school budget. That was the reason behind article 3, ATM, June 2020:

ARTICLE 3: FISCAL 2020 NRSD AMENDMENT To see if the Town will appropriate the sum of Seventy-One Thousand Three Hundred TwentyTwo Dollars and No Cents ($71,322.00) for supplemental appropriation to the Fiscal Year 2020 assessment for Narragansett Regional School District to satisfy a requirement of the MA Department of Revenue. And to meet said appropriation by a transfer of said sum from certified free cash, Or take any other action related thereto

DOR informed the town that action taken at a special town meeting where town meeting voted to allow selectmen to amend budget without further town meeting was incorrect and the chairman of board of selectmen and town administrator had to agree to sign a document stating they would ensure an article before town meeting making said adjustments, hence reason for article 3.

Ya'll have the real power, but you have to know how and you have to know the rules and that requires meeting attendance and home work - you cannot depend on all selectmen informing you of same; you should not depend on anyone giving you all the information (trust but verify) do not just bitch, get involved, acquire knowledge, go to town meeting, stand up and be counted.

 There is now an 8 1/2 x 11 posting on town bulletin board at town hall stating how to find information on meetings on town website. Now if the links on the town web site can be fixed so residents can find information, that would be great.

T/A weekly report (first one since Dec. 17, 2020 is out; Assessor, accountant, town clerk, police and fire/EMS nothing reported.

Templeton meals tax to date:

1st quarter = $13,317.00

2nd quarter = $16,339.00

That is FY21 thru December 31, 2020.

Treasurer / Collector for Templeton employment agreement expired June 30, 2020 and is finally scheduled to be in front of the board of selectmen. Now about that animal control inter-municipal agreement that expired June 30, 2020?

At some point in time, perhaps membership on advisory committee should be looked at and the number of members reduced to 5, that would need to go before town meeting as a by-law change.

Hopefully, an article asking what budget format town meeting would like to see for the next fiscal year budget, FY23, per MA department of revenue opinion.

Since the premise for making assistant town accountant full time was due to inter-municipal agreement with Hubbardston and that is no longer the case, BOS should consider making that position part time again.

Fleecing of town residents - dog license fees raised to $20.00 and FY2020 3rd quarter revenue shows revenue from dog license sales at over $15,000.00. FY2021 shows expense $$$ needed to purchase dog license at $400.00 and $370.00 needed for delinquent dog postcards and postage; so, say $1,000.00 needed to offer this service to residents with dogs. Seems this dog license fee could/should be reduced to around $5.00 and still cover the expense of town dog license service.

 Rant for the day - so far.

Templeton Town by-law state information for the required annual town report is to be submitted to the selectmen office by January 31 - not February 17. Since this report is mandated by town by-law and state law, any report of a town board, committee, commission or department should be published as submitted, no shortening or editing, other than grammar, date corrections. For instance, if a committee uses the format of a previous FY and forgets to change the FY number, fix that, but if it is 10 pages, well, the whole 10 pages gets printed and the town pays for it, per MGL. But Jeff, not enough money budgeted to pay for that large of a report; well, take what is needed from so called free cash or ask advisory for a transfer from town reserve fund. It is fucking simple people, town hall, you got that?