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Wednesday, June 19, 2013

Can Templeton water department budget stalemate be broken?

   
Can Templeton water department budget stalemate be broken?
Andres Caamano
Senior News Editor/NIE Director

With less than two weeks before a Special Town Meeting that could well determine how Templeton voters want to handle the town’s Water Department, the two sides mired in the dispute over the department’s fiscal year 2014 budget have shown little willingness to budge.

After writing last week how it took only 141 voters to reject funding for the department at last month’s Annual Town Meeting, it was only a few hours before I was sitting down with Advisory Board chairman Wilfred Spring to learn what was behind the board’s exhaustive push for details on the department’s proposed budget, going as far back as February.


Oftentimes, such a tug of war relates to officials demanding more information and the added time spent compiling it. In an email sent by Templeton Municipal Light and Water General Manager John Driscoll to the advisory board, Driscoll makes such an argument, writing that “this is the first time that Templeton Water has been asked directly by Advisory for a budget breakdown that is more detailed than the one that I am to present at my own Water Commission.”

In addition, Driscoll also voiced frustration over what he construed as differing opinions on how state law should guide the department’s operation.

“We don’t operate under (Massachusetts General Law) Chapter 44 (as suggested by the advisory board), but instead under Chapter 164. We can’t operate under 44, as that would need to be reversed in Boston. Chapter 164 allows the department to raise water rates and fees as they see fit.”

Under Spring’s interpretation, though, as written in a summary of recent correspondence with the water department, “in accordance with MGL 44 Sec 53 F 1/2, during a fiscal year that an enterprise incurs a loss, such loss shall be included in succeeding fiscal years’ budgets.” Driscoll, though, disagreed, stating, “(Spring) is completely off base. The primary responsibility by a manager is to bring in enough revenue to operate,” adding that MGL Chapter 164 supports the department’s move to raise its customer rate for one quarter to cover losses incurred last year tied to nine water main breaks.

With the Special Town Meeting scheduled for June 27, Driscoll noted he’s confident that the failure at getting the water department budget passed at town meeting won’t happen this time around.

“I think there’s a groundswell of people who want this (issue) to go away,” he said, adding that he found no legal justification to not fund the water department, as was voted at town meeting.

In my sit down with Spring, though, a significant amount of time was spent discussing the department’s failure to provide the same level of detail as had been done each fiscal year since fiscal 2009, using what is known as “Form 4.0,” particularly relating to staff pay, as non-salary income, including overtime, standby and “time in grade” pay is separated out.

Driscoll had said last week in a phone interview that it was not until March 25 that he was requested to complete that form, but in an email reply on March 4 to Spring about needing to provide “the detailed water budget for FY14,” the general manager admitted being unable to “locate a Microsoft Excel Template file which all of this information would fit into nicely.”

Such requests by Spring actually date as far back as February, as he wrote an email asking for “a detailed line item water budget for FY14, and not a summary recap,” shortly after Driscoll’s first released version of the budget that month.

That “recap,” just 22 line items, inexplicably listed department staff pay — 25 percent of the total budget — as a single number. On March 11, he offered another version, this time expanding only slightly to 44 lines.

That version, with its lacking detail, only opened the door to skewed numbers that were presented to Annual Town Meeting voters, as it appeared — at least on paper — that four of the department’s eight staff members were in line for raises of nine to more than 14 percent.

Two weeks later, on March 25, Driscoll responded to the advisory board by email, having received a revised version of the 4.0 spreadsheet (created by the board), or what could be tabbed as “Form 4.1,” with the general manager writing he would “amend the attached spreadsheet and email it back to you as soon as possible.”

Town meeting came and went. And no additional information on staff pay had been made available to the board.

Nonetheless, anyone paying close attention to the numbers could see that with a budget slated to be $3,270 less than the $1.41 million that the department was operating under, it would be extremely tough to dole out large raises without significant cuts elsewhere.

Spring acknowledged the overall budget number had largely been unchanged over previous years, having grown just $29,194 since fiscal 2009 to the one proposed (a total of 2.12 percent over that span), but that the board still was right to press for information provided in the past.

And without that information, the board simply could not recommend approval.

Recognizing that the data was likely incomplete, Spring said that he did note on town meeting floor that it “appears” big raises were in that budget, even if some department critics blindly took those numbers as concrete proof that the department was handing out lucrative pay raises.

All it took was $23,365.03 of non-salaried income targeted toward four staff members to skew their salary lines. For example, two department utility specialists were shown to each be in line for raises at 14.36 percent in the next fiscal year. Once the non-salaried income was separated out, though, that increase shrunk to 1.01 percent, as part of a previously agreed union contract.

So without knowing how much non-salaried income would be in the budget at last month’s town meeting, is the $23,365.03 cited here based on guesses or assumptions?
Nope.

During a two-hour sit down with Driscoll Monday, he handed over a new budget spreadsheet, which could be tabbed, “Form 4.2.” In it, virtually all the demanded detail was there.

Knowing how it had been done historically in the 4.0 form, what took so long? Driscoll argued that “I had become accustomed to it being a formality to get the budget approved by the town.”

Showing just how entrenched both sides are at this point, when asked whether this latest data could now be handed off to the advisory board, Driscoll said, “I wouldn’t give it to (Spring), without the (light and water board commissioners) first being OK with every number. It’s more important that the board approves the numbers first, as the board hired me, can fire me, so I answer to them first.”

(Andres Caamano is the Senior News Editor/NIE Director at The Gardner News. He can be reached at acaamano@thegardnernews.com.)

Two Hours on Monday???

9 comments:

  1. I guess after all the Gardner news as we see can get to the bottom of the issues and print what the people need to read. Both sides and with it told here it shows why and when the issues started and the truth was not given by Driscoll as in the past he tends to make his story telling fit their hidden agenda. People should be outraged at the way the commissioners don't care how the General manager handles the issues we read about.Over and over again it's said we are picking on them and if they read both sides they would know why. They lie, I've proven that and when LTE go in TGN you have to prove it before they will print it. I have done just that.Please support the efforts of the Advisory and Select board, They are looking out for Templeton as a town and not just a department that thinks they do things right over there.Remember it is our business.

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    1. Mr. Driscoll is the same Manager who wrote the same report two years in a row, that is in the Annual Town Report, you can get from the clerks office. I guess he did not want to bother, so he handed in one he had used before. To the best of my knowledge, that was supposed to be corrected this year. Mr. Spring was the person who noticed. Last night, the Light and Water Commissioners voted for the new, revised budget, with out even looking at it. Not one question! Not one comment! With the Water Department in the red, with the debt growing every day, it would seem to me, that they would take a good look at their Department and make some changes. Don't hold your breath, it is easier to just charge the customers more. Only you, can make things right. Stand up for yourselves, get their hand out of your pocket. Go to the Special town meeting and support the people working for you! The Advisory Board, and Selectmen! My opinion, Bev.

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  2. The water budget may have only grown 2.12% but they don't tell you the rent was 35,000.00. When i asked about it a year ago they told me it was to pay down the bond on the building.The water department cant pay it to the light department because they dont have the money. So now its just free cash to swell in areas of the budget they need too. The shell game goes on and you will need to pay more for needless lawyer fees and other bills from the lawyer unitemized for the selectmen to sign off on to pay.The commissioners are fine with the General manager not following the law in more ways than one ,but thats ok it will only reflect on them after it has been brought to their attention the laws they don't follow. Our rights are spelled out clearly in the chapter 164 mgl,and have been defined clearly by their attorney at our selectmans meeting.This is a fact and on video, To quote Dana thats what we have lawyers for! Tick tock one week, you can view for your self what was said on part#1 BOS meeting @58 min.The select board are the auditing authority for the town. They should have all copies of all contracts of 5,000.00 or more for public viewing during regular business hours."PERIOD" We paid for the lawyer to tell us this and now its clear to all what should be done. So lets do things right over there and send all 5k+ contracts to the selectboard so i can have a nice sitdown! To not follow the law would make people think there may be somethings to hide? Why would we not have the rights of the chapter 164 laws work for us also,not just the department that governs them.This topic and others i have information on will be a LTE soon and i look forward to the 1 week deadline to pass to make it all come full circle. All legal and most of all "All True" I think we can all agree the truth is only an option for the L+W commission,when they want it to be. The option to have the AG office check this over is the best option for Templeton.They will not believe it till it comes from her office. Please Help us "Martha".

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  3. This is such a friggin joke......it seems the town and the BOS have no power, all I read about is bitching about how bad the L&W is yet no one does the obvious.....FIRE DRISCOLL !! ...it 's obvious for even myself to see HE IS THE PROBLEM...so fire his worthless POS butt immediately !

    How hard is that ?? everyone pussyfoots around this...be done with the problem...fire him.

    If you do not fire him then you are just as bad as him.

    I am so sick of reading this crap daily.....end the problems...take command...take charge....lead for christs sake.

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    1. GOOD GRIEF!!! Don't you think the selectmen would have taken care of Mr.Driscoll, by now if they could have?? The issue is Acts of 2000, Chapter 93. There is a big difference in how this ruling is interpreted. Who is ultimately in charge? Until this is answered, Mr. Driscoll is not going anywhere. How to get the answer, can be gotten through a law suit, or by going to the Attorney General. It seems that the Commissioners do not have have a problem with going to court, because the lawyer will be paid BY YOU, and anyone else who has town water. Hopefully, common sense will prevale, and they will agree go to the AG. I think Mr. Driscoll is good at numbers, and that was what he was hired for. I doubt he knows much about the Water Department, and for sure he knows nothing about how Town Meetings work, and dealing with the public is not his strong suite. The solution to your anxiety in dealing with this problem is a easy one. Go the the Special Town Meeting, and take as many people with you as you can! Vote to support the Selectmen, and the Advisory Board. This would solve many problems for us all. My opinion, Bev.

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  4. Down hear in the lower forty we have hurd about a chain of command. Mr. Driscoll is not the problem, the problem are the L&W Commissioners themselves and the way they do business.

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    1. The Commissioners handed whatever power they had to Mr. Driscoll, a long time ago. The Commissioners have been a rubber approval stamp, since our friend from Echo Hill, was in charge. That is why they worked so hard to get rid of Julie. She asked questions, they did not want asked, and would not take no for a answer. You get paid to be a commissioner, and will get along fine, if you do not rock the boat. Bev

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  5. Mr. chucklbummy, where were you on tuesday to see how they run their meetings. I mean how he runs their meetings. Laws are broken and have been pointed out but to comply with it will uncover the truth. Theres no other reason to not comply with the lawyers wisdom. Their lawyers wisdom is for 300.00 per hour and they were handed the copy of the law in question at the meeting by me. Some think "Enough" is steering the crashing car and i for one hope he is a casualty,of his own making. Tick tock J.D. Tick Tock.
    Time to come clean and swap sides in my opinion!
    I would have to disagree with lower40 as i can tell you the whole table of them are, some are just worse than others.
    In my opinion Lie cheat steel are the 3 main functions the L+W Commissioners have for business. All provable facts, This time now they let Driscoll take away our rights as citizens. Not even any discussion about it at the meeting. The facts are in the contracts, they will protect them and the cost certification audit till the bitter end.
    The end will be sooner/not later. The papers they spent your money on and the light and water resources/help put out were many lies and now after time has passed it proves it. Just look at your water bill. Proof!
    Dump the commission and get the business pointed in the right direction. The rates will be lower just for firing their lawyers. The secrets and the books and contracts will be public and where they should be. Restore our rights and vote to abolish them. Why did they show no concern for the point i made to them? I think its time to pull the plug on the boat,let it sink.The Selectboard can do the job just fine and with time on our side they should be doing it.The crap Edwards spewed last time around about a superposition was a good read if people were blind then they know better now.The laws won't allow the things he put in TGN, Thinking the people are stupid,where did he learn that from D.O. The lies told by Stewy had no basis and he was called out in my LTE with proof about it. Dana "is" well you know!
    And Driscoll just has another chapter 164 set of laws to live by. Help The Advisory and new Select Board Fix these problems for Templeton's future. Owe i almost forgot another "WATER MAIN BREAK TODAY ON SAWYER STREET"
    @ 2:15pm more O.T.. I wonder how much tax payer resources will not be used by them this time. Their lawyer stated multipal times unlike the sewer department the water only uses ratepayers money.

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  6. dave smart writes "Owe i almost forgot another "WATER MAIN BREAK TODAY ON SAWYER STREET @2:15 MORE O.T.." What exactly are you trying to say david smart? It appears that you are insinuating the water breaks were purposeful. I hope I am mistaken. If it is what you are saying, then you should check out the picture on the front page of today’s Gardner News. Perhaps they are also working (deeply undercover I would imagine) in Gardner to help their colleagues get overtime too. On the other hand, maybe it’s simply that the “fuzzy feeling in your *ss” has gone to your head!

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