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Friday, August 3, 2012

The Selectman's Corner V




Hot off the statehouse news service, State Ethics Commission hits a Water & Sewer Commission Board member with $25,000.00 fine. Charles Fisher II paid a civil penalty of 25K and admitted violating the state's conflict of interest law in connection with his work over five years as a paid employee of a company that performed sewer work requiring permits, state ethics officials announced on Thursday. According to the State Ethics Commission, Mr. Fisher was from 2006 until 2011 a paid member of Charles Fisher & Sons and a board member while he performed at least 60 sewer tie-ins or repairs in Somerset, work that required permits from the board. In 2001, when Fisher was also a member of the board, he contacted ethics for
advice about whether his company could perform the work in Somerset while he was on the board and was told that he was banned from doing so under the conflict of interest law, according to the ethics commission. In a statement, Ethics Commission Executive Director Karen Nober said, "the conflict of interest law requires a municipal employee's undivided loyalty to the municipality. That loyalty is compromised when a municipal is paid privately for performing work that is also regulated by the municipality." This raises a couple of red flags for me concerning Templeton. Having self proclaimed developers on the planning Board and sewer & water service contractors on the sewer commission in Templeton. Firs,t these representatives are placing themselves in jeopardy of getting hit with the above fine, secondly, they could be violating the conflict of interest law and last, who's best interest are they looking out for? While it is easy to say I will do this or that, is one looking out for the town when creating zoning regulations or are you looking ahead at some future development that you may be involved with. Regardless of your opinion on the issue, the law seems pretty clear, if you are involved in doing water & sewer work and you serve on the sewer commission, you are banned from doing any work in Templeton or you will be paying 25 thousand dollars, and this case the individual was a paid employee. Not only should this raise a flag to people who wish to serve on committees or run for elected boards but I believe this demonstrates why the town should be careful in just handing over in-town work to local contractors just because they live in town and pay taxes. This is no longer "the old days" there are more rules, regulations and laws than I can include in this one blog, and I read many of them and I disagree with many but until they are abolished or changed, we have to follow them, "for we don't make the rules, we just play the game" This blog is for informational purposes to try and let taxpayers know what issues can have an effect on their town. As my good buddy Shaun Grimley told me, "get involved, volunteer and run for office rather than just complain about everything."

Jeff Bennett

25 comments:

  1. Perhaps some young lady or gentleman can esplain to me why that sidewalk on dat there Baldwinville Road project has de sidewalk a goin up one side of de road, then as it gits close to dat red barn, the sidewalk has ta suddenly shift to de other side of de road, go a ways den shift right back over to the same side of de road as de red barn? Why can't the side walk simply go up one side of the road all de way to Templeton Center?? I hear tell that de did that cause ole jerry's barn is a sittin on town owned land and if N dat sidewalk went up dat way peeps a be findin out that part of de red barn gots to go. Not sue if N dat be true but ain't der a way to measure from the center of the road all the way over to the end of town owned land? ain't der a plan somewhere a showin the boundary of de road and public land?

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  2. A sidewalk would bring foot traffic right to the door of Carol's treasures. They should think about the potential for increased business. If you're walking down the sidewalk and looking for some used clothes, a couch someone threw out, or a piece of plywood painted as an ear of corn, you'd barely have to step off the sidewalk to get what you're looking for!

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  3. Sidewalk is going on the east side right in front of the big red barn (I thing the front wall will be right on the side walk - see the plans at the highway barn- some poeple had to sign off on temporary easements on the other side because of grading and seeding etc.

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  4. Jeff as chairman of the planning board i for one do know the laws and how they apply to the work i do for the town .You are not the only one that has access to the ethics laws of the commonwealth . so if you have something to say about my work on the planning board and how it has or may hurt the town in any way than say it loud and clear !!! dont do it with your famous grassy knoll conspiracy plot words . It doesnt work , Thanks

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  5. My famous grass knoll conspiracy words, did not know we are in dallas. I simply put on the table how anyone who is involved in developing while being a member of a planning board can use that to their advantage and can move zoning along to benefit them in the future, it happens quite often in many cities and towns. Take the issue of the town by-law about gravel banks and how you ended up in court with Templeton over that by-law, now is it possible as a member of the planning board that you could steer a zoning change forward to benefit you in any future gravel removal operations? Simple question and a simple point. But if anyone wants a conspiracy theory, get land for a school at the Templeton deveopmental center, get the town to pay for the sewer to go down route 202 so it is closer to exit 19 and then the deveopers can toss aside the on site sewer treatment plant and all the associated costs and only have to pay a fraction of that costs to continue the sewer connection down route 2A rather than trying to get it all the way down route 202. Now since you seem to have some kind of an interest in that because you always remove your self from the table when that project comes up, does that connect to the location of the school and getting a town sewer connection down route 202 on taxpayer dime? No conspiracy theory, just a couple questions. Is it good policy to have developers on the planning board when that board proposes and writes the rules governing where and how development can happen? It is the white elephant that has been in the room for a long time. And it is not unique to Templeton, but I believe taxpayers should be aware of this when they hear about new projects and when they attend planning board meetings and hearings. Plain & simple and no theory.

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    1. Lets clear the air . First of all the gravel issue with me and the town was prior to me being on the planning board ,and the select board at the time were trying to do selective enforcement ,SO I HAD A LITTLE FUN WITH THEM ! also dont forget the selectman are the permit granting authority .{ not the planning board } .Second . As for the school possibly going at the TDC site that to me is simply a great location at a great price for the town . As far as the sewer being brought to the site ,that is a long shot do to the distance , and if it were to be done it would be better to run it up RT.2A not rt.202 as the town would see a huge revenue stream from the connections along the way . keep in mind the ONLY way this could be done would be with a Mass Works Grant with the state, thereby not haveing a financial burdin on the local taxpayers in town . IF THE STATE WANTS TO GIVE US MONEY TO DO IT .THAN I SAY TAKE IT . And last as i have stated from the very begining .the reason that i excuse myself from any local permits for the mall is because I am the one that talked the developers into coming to town with the hopes of someday building in our town . thereby creating jobs and tax revenue . AND YES I HAVE TALKED WITH ETHICS COMMISSION AND THEY TOLD ME TO KEEP DOING WHAT IM DOING . One more thing if the mall were to have the ability to hook to town sewer than we would see more money coming in thru there user fees.

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    2. Kirk, can I have that direct pipeline you may have to state ethice because I have not been able to get them to answer on anything, not even on an opinion they gave to Templeton that if a couple of selectmen are involved in a recount then they cannot sign the warrant, since that could affect a few thousand selectmen in the state, as in if you have a finnacial interst in the election (selecmen pay) than you can't be signing a warrant if that above opinion was actually written. Secondly having the sewr go up route 2A would have a financial burden on taxpayers as in having to build and maintain pumping stations, who in Templeton is called to clean them out or pump those if any mishaps occur. And Kirk, when you asked those developers to come to Templeton, did you explain those large fees they would have to pay in order to work in town? When you were having a little fun wth the selectmen did you take into account the other people you were affecting with the dust and what else people were complaining about back then, even if it were only one person. Did you think of the financial impact on the taxpayers of Templeton as in legal costs when you were having a little fun with the selectmen.
      Set point match now lets evolve forward and get you on the elementary school building committee so you can have a little fun with the school committee okay? And I am protesting right now if you come to the dunk tank and throw balls at me because you may have a personal vendetta against me!!!! charge Kirk double

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    3. Jeff is totally correct in the gravel pit deal, Kirk kept "circumventing" the system to do what he wanted, he kept changing his plans to suit the situation so he could strip the land clean, just like he did at exit 19. I was involved in the town at that time and he sure did his homework to find how he could do things against the bylaws but "legal" in his way of thinking. He also "helped" skelton get his development rights for echo hill before zoning went in so gerry's land would be grandfathered,

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    4. anonymous Your right . I did everything legal . However your Echo Hill statement is Dead Wrong . I have never been involved with this project and if you do a little more of your own homework im sure you will find out that project has timed out . meaning you only have so many years before a subdivision has to be built or the plans are no good and one must start over . like I said do your homework and find out ,because I do not have any knowledge of this project . Let me know what you find !

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  6. I for one am glad Kirk is on the planning board, Carol S did nothing about the former planner not working her hours. when Kirk found out, the time clock appeared and she quit immediately. (guilty conscience I think) He stopped a money leak in this town. as a chairman he stepped up. Can we use that timeclock for others??

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    1. Wow I cant believe what im hearing .Kirk does more for this town than i think anybody knows and his knowledge of the bylawys is very impressive . What he did prior to being a town official should have nothing to do with what is going on today . I believe that if i were going to do anything in this town , Kirk would be the first person that i would talk to ,and furthermore i know for a fact that i would rather have him working for me than against me .

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    2. Kirk does what's good for Kirk. Count your blessings that you don't have one of Kirk's projects adjacent to your property. And the correct term for Kirk is "self proclaimed" developer. He has offered many plans, but none has taken fruition.

      Strip mine under the guise of building his home. Then never seed the raped moonscape left behind. Attempt to bring in sludge, for which I would bet there was a tipping fee. Drain a wetland at exit 19. Change the fees for the project he's going to benefit from. etc etc

      Yep, if everyone was a citizen like Kirk, we would be in bad shape!

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    3. Oh, so should every citizen be like you? Cuz you sound like a flawless person. If you're so righteous, how about suggesting some solutions for moving Templeton along? Hmm...no? You just enjoy knocking others down. Ya, I want to be like you.

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  7. Yes a time clock or that time clock can be used for every one but one does not have anything to do with the other. My point of writing what I wrote and I am reading a book "Thinking like a writer; A lawyers guide to effective writing & Editing" If one reads the blog entry of the scanned in and now on blog item from stsehouse news concerning ethics, there is a sentance from State Ethics Commission Executive Director that pretty much says it all "The conflict of interest law requires a municipal employees undivided loyalty to the municipality. That loyalty is compromised when a municipal employee is paid privately for performing work that is also regulated by the municipality." So back to my intended point of trying to get people to think about things, if there is a developer of any magnitude and they serve on the planning board, whos best interest, as in loyalty, do they have in mind when they propose for instance a new zoning change. Are they looking out for the town, as in the residents, or are they looking over their shoulder at their wallet, as in looking out for their interest down the road? That is it, that was my point, loud and clear. So when Kirk made the "my grassy knoll consiracy theory that does not work" comment, was that a guilty conscience speaking? Back to the time clock, we certainly can use one, then we have to buy time clocks and we have to buy time cards and track them, store them and then install cameras to make sure no one is punching someone else's time card because they are running a little late, hope you see where I am going with that. Perhaps the selecmen can station themselves at the various buildings with a stop watch and time when the employees show up for work. I would like to think we have professionals who will do the right thing. I would say Anonymous, maybe ask that question at a selectmen meeting and see what happens. Thanks for that question or comment. Don't tell anyone Anonymous, but I had been approached and asked what happens to a position if it is not funded weeks before the time clock and the resignation so maybe there was something else at work there, oops, there I go with the grassy knoll again! keep that a secret okay.

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  8. "IF THE STATE WANTS TO GIVE US MONEY TO DO IT .THAN I SAY TAKE IT"

    That kind of thinking leads to a bankrupt state and a bankrupt country.

    Private development should not get state grants. If a project makes economic sense, it will get done with private money. If it doesn't make economic sense without private money paying the freight, it shouldn't get done.

    The state and the federal government are not Santa Claus, and we're all too old to believe there is a Santa. It is our money, and it is money we're borrowing from China and expecting our kids to repay.

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  9. its not up to you what i do on my property . after all the work in preparing the property and dealing with your sh-t you got what you asked for .YOU ASKED ME TO STOP . as far as your sludge concern . It was ME NOT YOU that refused it. after doing my own research on the product . Your exit 19 wetland draining that you speak of should be addressed to MASS.HIGHWAY .as that was part of the reconstruction of RT. 202 . and last if you really knew what the Hell you were talking about than you would know that i did not vote or TAKE PART IN ANY DISSCUSSION as a member of the planning board on changing the fees for site plan review . THAT WOULD BE WRONG .

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    1. OK YOU GUYS! I SAY STOP! THIS KIND OF BICKERING IS NOT GOING TO DO ANYONE, ANY GOOD. DO YOU ALL HEAR ME! If Kirk wanted to be a influence, he could be like "the late great, Roger Dines." He never was on any board but worked in other ways. It is amazing how cheap people can be bought. If Jeff, Kirk and I look at the same picture, we may see different things. Mark, If the state has grant money, and we do not take it ...What do you think! No one else is going to take it!,and go happily on their way! Of course they will. I am sure most peojects get help from the state or fed. gov.,other wise nothing would get done. What little our town has ever got, is not a drop in the bucket compared to the other large projects that go on everyday. I am in favor of time clocks, I have said it before. A camera to see if anyone is cheating...Bennett give me a break! If our people are not to be trusted at all, then fire them all. What in the hell did you guys drink last night? Only a small few have enough ba==s to not play by the rules. We can not take it out on every one. It is funny, there are days you can not please everyone. Kirk is not sitting at home eating blueberries, running the town without getting out of his chair. I am sure that he knows what he does is open for everyone to see. What happens in the future we have no way of knowing. If he gets rich with the land near exit 19, good for him. It could be, it just sits there, and sits there. Having any businesses in this town would be more than welcome as far as I am concerned. Oh yah, What in the hell would be wrong with a grocery store, a McDonalds..any place for people to work, a part time jobs for a few kids after work. This kind of bad mouthing is no good..We have a right to disagree, we still need to work with each other! ENOUGH, DO YOU HEAR ME! Bev.

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  10. Any business that succeeds in this town will benefit all of us. I can't wait to see the project at Exit 19 become a reality. I don't give a flying ---- where the funding comes from for the utilities whether its a grant from the govt or private funds. The point is we NEED this project to happen. It would be nice to not have to leave the town and go to Gardner, Athol or Rindge to buy food or other consumer items. Kirk is a good guy. Stop picking on him. I'm sorry people don't like change, but its gonna happen whether you act like a grump or not. More people should be trying to create business development here and get this town on better financial footing. Instead of tearing each other down, try making some actual suggestions on how to improve life here.

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  11. Bev - Templeton has 8000 residents, there are more than 300 million people in the US. So whatever the feds give Templeton, multiply that times about 38,000 and you get the picture. If Templeton gets $1 million, that works out to $38 Billion spent across the country, because everybody gets their slice of the pork pie. And the projects that get funded are things that we would NOT choose to fund if it were "real" money. We all foolishly allow our government to spend money that is borrowed. Tell me this, Bev: Would you put your children or grandchildren in debt to pay for a sewer system for that proposed mall?

    We have to STOP acting like there's free money out there. Whatever they give Templeton, every other Congressman is trying to bring the same and more pork for his district. The federal government is borrowing and spending 50 cents for every tax dollar collected. Somebody has got to pay that money back eventually. Do you think people today would pay 50% more in taxes to fund our current spending? Of course not. So why ask our children to pay that money back with interest?

    These windmills, solar panels, and boondoggles are a waste of money. Americans are wasting these grants because they don't see it as real money. And we have to get our share. Act like citizens, not clients of Big Government. Demand that congress stop wasting this money. It's been done. Look at the example set by the governor of Wisconsin. He rejected 150 million dollars to pay for some high-speed rail boondoggle.

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    1. Mark point taken, your right about the way the government works ,and the system is broken . However just for the record , The proposed mall at exit 19 has never been pending and or conditional of the municipal sewer line being available to hook to . the investors have known from the start that it would be served with on site treatment . However should this be an option ,of course they would consider it . Just thought you should know .

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  12. Mark you are right about how the government spends money, I am very aware of the mess we are in as a country. The time will come very soon when we will have to deal with this. You and I have not been the cause of this problem. Politicians in Washington do more wheeling and dealing than we could ever imagine, but if there is a way down the road to help business get established, we need to help all we can. I do not care whose business it is, or where it is. I know one thing, the people in town can not afford a over ride, so if grants come down the road, I still say go for them. I am always in favor of letting the people in our town decide how they want to spend their money. It dawned on me one day, the people sitting around the table at the Light and water meeting, not one of those people need to worry about how much anything costs, except maybe Chris. It seems they all get paid so well, it is no wonder, they are out of touch with the needs of people less well off. I am not dumb enough to spend money foolishly, cleaning up after GS's people will cost us enough, and take us forever to get it done. My opinions, Bev.

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  13. Kirk - Is the plan to seek government money for construction of this treatment facility, or will it be funded by the investors?

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    1. Mark The investors are footing the whole thing approx.50,000.000.00 . Yes thats 50 Million . for the entire project . The least we can do as a town is support them !!! They even offered to pay for the grant writer to file on the towns behalf .

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  14. Kirk - I don't agree that the "least we can do" is support them. I am 100% against government grants of this type. Too often, projects get done because of "grants".

    They are not footing the "whole thing" if they are applying for grants. That's going on the country's credit.

    We disagree on this issue after all. You sounded as though you were also against government spending money it doesn't have. Money that our children and grandchildren will have to repay with interest.

    Citizens don't need "grants" from the government. The word has bad connotations, as in the king granted me this land. Or the nobility granted him a pardon. We're citizens, there is nobody to "grant" us anything. Sorry, there is no Santa Claus.

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    1. Mark The Mass works grant we speak of would be for the benefit of the proposed new school ,should it be built at the TDC land . and if so then it could be utilized by the proposed mall at there expense . We dont have to agree on everything ,however its nice to agree to disagree . Thanks

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