Management letters for FY 17 - FY 23 (which is not yet posted to website)

FY 17 signed March 27, 2018

FY 18 signed January 21, 2019

FY 19 signed November 18, 2019

FY 20 signed January 28, 2021

FY 21 signed March 3, 2022

FY 22 signed April 6, 2023

FY 23 signed April 1, 2024.

If a management letter is signed, it indicates audit is complete. Even if signed April 1 or April 4, audit could still be presented to town publicly before our annual town meeting, if administration wanted it so, in my opinion. If we could get audits completed by November, January or February in the past, there should be no reason why we cannot get it done going forward, in my opinion.

 April 22, 2024

A new ruling from the Hampden Superior Court in Springfield has found that a Massachusetts law permitting cities and towns to take homes or other real estate from tax delinquent owners – including their equity – is unconstitutional.

The ruling echoes a similar conclusion from the U.S. Supreme Court last year.

The Hampden decision marks the first time a Massachusetts court has declared unconstitutional this longstanding practice by dozens of cities and towns in the state. Housing attorneys and lawmakers told GBH News it could spur more action by state courts and the legislature to abolish the practice.

Sen. Mark Montigny (D-New Bedford) said lawmakers have dragged their heels for too many years and failed to address what he calls “equity theft” sanctioned by state laws.

“We have millions and millions and millions of dollars almost exclusively stolen from vulnerable people,” Montigny said Monday. “It's outrageous. There is no excuse ever for taking equity from a vulnerable person. I also call out any mayor or any municipal official who has stolen the equity over the last ten years to return it now.”

Montigny said he is prepared to demand the legislature take up his bill in the coming weeks, which would not only abolish the equity-taking law but also cut the interest rate that municipal tax collectors can assess from 16 percent to 5 percent. The legislation would allow for more manageable repayment plans for local taxpayers delinquent in their bills.

Kaplan said he expects to see a slew of claims for repayment of equity lost in foreclosure cases.

“Small communities, large communities and tax lien buyers are really going to have to brace for huge liability,” he said.

The Massachusetts Collectors and Treasurers Association did not respond to GBH News request for comment. And neither did Daniel Hill, an attorney for Tallage, LLC, the largest tax lien investor in the state. Tallage principal William P. Cowin donated more than $17,000 to lawmakers in the state over the last five years. Hill contributed another $7,500 to politicians over the same period, according to data from the Massachusetts Office of Campaign and Political Finance.

Montigny said such special interests have helped delay action in the State House.

 Hi Ms. Herman,

 

Thank you for stopping by the Site earlier today.  As I indicated earlier, I was hoping to be able to gather more information to provide to you before responding to your emails. However, you requested that I respond to your email even though I only have limited information at this point.  I just want to provide some context on how my branch (EPA’s Removal Program) got involved.  My understanding is that the Town of Templeton had requested assistance from EPA’s Brownfields Program to conduct a targeted brownfields assessment at the Temple Stuart Site.  During the course of the brownfields assessment work, elevated levels of PCBs were identified in surficial soils in certain areas. When these areas were identified, the EPA’s Brownfields Program and MassDEP referred the Site to EPA’s Removal Program for evaluation.  EPA’s Removal Program primarily addresses releases or threat of releases of hazardous substances to the environment that pose an imminent and substantial endangerment to human health and the environment. The Removal Program performs time-critical removal actions to conduct response actions to minimize or reduce acute exposure to such releases.  The Removal Program evaluated the data collected by the Brownfields program and determined that a time-critical removal is warranted to address the contact threat that exists due to the PCB concentrations located in the surficial soils.  With the Action Memorandum dated May 8, 2024 that you have referenced, our program documented the need for a removal action and seek approval and funding to conduct the removal action to address the PCB contaminated surficial soils.  As you had requested, I have attached the data that was provided to us from the Brownfields Program regarding their PCB sampling efforts.

 

I have reached out to Jim Byrne, EPA Brownfields Project Officer, to check on the status of the Phase II environmental assessment report that is being generated as part of their targeted brownfields assessment.  Unfortunately, I do not know the current status of that report at this point. That Phase II assessment report is a very comprehensive report and does take a significant level of effort to generate.  The data set attached to this email will also be in the Phase II report.  I do believe that Phase II report should address many of the questions that you have raised.  Jim did indicate that he would be willing to discuss with you the work that is being done for the targeted brownfields assessment if that is something you would like.

 

I have also spoke with Adam Lamontagne, the Town Administrator, briefly yesterday and he did offer work with us to put information onto the Town’s website regarding this Site. Liz McCarthy from our front office has been assigned to work me on this project. I will work with Liz and Adam to post information regarding EPA’s removal action (factsheet/periodic updates) and when available, the Phase II assessment report onto the Town’s website so residents can easily obtain the information.

 

After the Removal Program completes its removal action, the Site will be returned back to the Brownfields Program to allow them to continue their work; and referred back to MassDEP for any future environmental regulatory oversight.

 

Wing

 

Wing Chau, Federal On-Scene Coordinato

 Templeton has a bylaw stating selectmen cannot serve on any other elected positions in town, town residents need to expand that bylaw, following recommendations from DOR and include selectmen shall not serve on any other appointed town positions and include EDIC, which when done correctly is a separate corporation from the town (that should get your attention).

 https://www.templetonma.gov/town-administrator/files/weekly-report-7324

I recommend looking at item concerning EDIC.

Also make note of fire dept. issues.

 . As noted in Chapter 44, Section 31 of the Massachusetts General Laws “No department financed by municipal revenue…shall incur a liability in excess of the appropriation made for the use of each department,…each item voted by the town meeting…being considered as a separate appropriation, except in cases of major disaster.”

 MGL chapter 41, Section 58. Whenever any appropriation shall have been expended or whenever, in the judgment of the town accountant, it appears that the liabilities incurred against any appropriation may be in excess of the unexpended balance thereof, he shall immediately notify the selectmen and the board, committee, head of department or officer authorized to make expenditures therefrom, and no claim against such appropriation shall be allowed nor any further liability incurred until the town makes provision for its payment. The town accountant shall, at regular intervals and as often at least as once each month, send to the selectmen and to each board, committee, head of department or officer having the disbursement of an appropriation a statement of the amount of orders approved and warrants drawn on behalf of said board, department or officer during the preceding month, and a statement of the balance of such appropriation remaining subject to draft. Each head of a department, board or committee authorized to expend money shall furnish the town accountant, at the close of the financial year, a list of bills remaining unpaid, showing to whom and for what due, and their amounts; and the town accountant shall incorporate the same in his annual report covering the financial transactions of the town, as provided by section sixty-one.