May 10, 2023, Templeton annual town meeting, article 16 - CPC funding reclaiming and fence tennis courts at Gilman Waite field, appropriation voted by town meeting, $139,500.00. Bid for the work was opened August 30, 2023, $178,500.00, so the Advisory Committee has agenda item for meeting this Wednesday, September 20, 2023 at 6:30 P.M. - reserve fund request from parks & rec. July 2023 (FY24) monthly report from accountant shows reserve fund balance at $47,500.00. We (the town) are still in the first quarter and already going after monies from reserve fund, and it would have to be $39,000.00 to make up the short fall to pay for the project. If the transfer were to be approved and contract awarded, would the work be complete before winter, would the company be able to do the project this late in the year (I would assume they have other work already) so if the project is put off until next year, would that bid figure hold? In my humble opinion, it would be irresponsible to use the reserve fund for tis project, as it would be overriding town meeting vote, which if one looks at the ATFC handbook, it states the reserve fund is not for that (overriding town meeting vote) This needs to go back to town meeting and ask them to amend their vote and put a new dollar figure in front of them. If this is the town administrator approach to town budgeting, we need a new TA.

from the handbook that is put together by the ATFC (association town finance committees) which is what the Advisory Committee is in Templeton: to provide for urgent or unforeseen expenditures

that could not have been anticipated before town

meeting; and/or;

• to allow immediate expenditures of funds in the event of an emergency (threat to public safety or health)

when the delay of having to call a special town

meeting could be potentially harmful.

In either case, the finance committee must approve

all proposed transfers from a reserve fund. It is also

understood that a reserve fund should not be to reverse a vote of town meeting or as a “backdoor” means of increasing the budget. Finance committees should adopt their own reserve fund guidelines to supplement the state statute, and should help other town officials gain a better understanding of appropriate uses of a

reserve fund.

$40,000.00 is a substantial amount of tax dollars, this belongs in front of town meeting. The difference between appropriation and the bid received is $39,000.00 and if 39K is taken from town reserve fund at this time, it would leave $8,500.00 for use in any emergency for the rest of the FY, until June 30, 2024.

 Perhaps the Templeton Town Administrator does not really know what he is doing.

There should come a time when some employees are held accountable by their boss. the select board.

Another town bylaw violated by the selectmen.

In addition to any other remedy provided by law, this § 133-6 of the bylaws may be enforced by the Animal Control Officer, or any police officer of the Town, or the Board, through any means available in law or equity, including but not limited to criminal indictment in accordance with MGL c. 40, § 21, noncriminal disposition in accordance with MGL c. 40, § 21D and Subsection E of this section and, in instances of a violation of a nuisance dog or dangerous dog order issued pursuant to MGL c. 140, § 157, in accordance with MGL c. 140, § 157A, as may be amended from time to time.

The selectmen meeting agendas stated MGL chapter 140, section 146, rather than MGl chapter 140, section 157. Intent met, I don't think so.

Might be time for some employees to go and time to hire a new lawyer.

 Templeton residents need to become involved, as in We the People!

A classic example of bad bylaw:

Town bylaw, chapter 47-4 (legal affairs, town counsel) select board is responsible for legal affairs and that includes appointing town counsel annually in June. The boards own minutes show they violated that bylaw by appointing town counsel in July (July 12, 2023) non criminal disposition bylaw, chapter 1, article II, subsections 1-7 / schedule of civil assessments, B - select board, 

A violation of the provisions of the Rules and Regulations of the Select Board:

(a) 

Fine allowed: $300.

(b) 

Fine schedule: as established in rules and regulations.

(c) 

Enforcing agent: Select Board or designee.

So if the select board is the offender and they are essentially, the judge and jury, how does that work? 

Town meeting can punish them by removing their pay. Town meeting can reject their budget. Town meeting can override the amounts they might propose to use to fund various town funds, as in town meeting could put more money away and give them less discretionary money to play with. It is the best card residents have to play.

 Email back and forth from Jeff Bennett to Town Admin and selectmen and police chief.

From: jeff bennett <j_bennett506@hotmail.com>
Sent: Thursday, September 14, 2023 1:16 AM
To: Adam D. Lamontagne <alamontagne@TempletonMA.gov>; Currie, Michael <mcurrie@TempletonMA.gov>; Rivard, Matthew <mrivard@TempletonMA.gov>; Griffis, Terry <tgriffis@TempletonMA.gov>; Toth, Timothy <ttoth@templetonma.gov>; Bennett, Mike <mbennett@TempletonMA.gov>
Subject: select board dog hearing

 

Wednesday, September 13, 2023, select board held a hearing which involved determine whether a dog was a nuisance or dangerous dog and there was a lawyer for town present, 2 police officers and animal control officer. The agenda lists the basis for the hearing as MGL chapter 140 section 146. My concern is does anyone read the law or check what is being used to hold such a hearing? Do the police and the animal control officer know the law which they are there for?

Section 146 deals with "a license valid throughout state; removal of dog into another town or city, whereas section 157 deals with nuisance or dangerous dogs; orders for remedial action; appeal; violation of order. I have to wonder if any order to the owner of said dog is valid when the wrong section of the law was used to prosecute a resident? 

 

regards,

Jeff Bennett

From: Adam D. Lamontagne <alamontagne@TempletonMA.gov>
Sent: Thursday, September 14, 2023 2:50 PM
To: jeff bennett <j_bennett506@hotmail.com>; Currie, Michael <mcurrie@TempletonMA.gov>; Rivard, Matthew <mrivard@TempletonMA.gov>; Griffis, Terry <tgriffis@TempletonMA.gov>; Toth, Timothy <ttoth@templetonma.gov>; Bennett, Mike <mbennett@TempletonMA.gov>
Subject: RE: select board dog hearing

 

Dear Jeff,

 

Thank you for pointing out that scrivener’s error.  Rest assured that the notice sent to the dog’s owner correctly referenced the law and the Board’s actions will be valid. 

 

Adam D. Lamontagne, MPA, MCPPO

Town Administrator

From: jeff bennett <j_bennett506@hotmail.com>
Sent: Friday, September 15, 2023 4:27 AM
To: Adam D. Lamontagne <alamontagne@TempletonMA.gov>; Currie, Michael <mcurrie@TempletonMA.gov>; Rivard, Matthew <mrivard@TempletonMA.gov>; Griffis, Terry <tgriffis@TempletonMA.gov>; Toth, Timothy <ttoth@templetonma.gov>; Bennett, Mike <mbennett@TempletonMA.gov>
Subject: Re: select board dog hearing

 

The scrivener's error?? Just who is responsible for creating the agenda for select board meetings, key word, responsible, as in it is possible to delegate authority but not responsibility, anyone who has served in military knows that one. Fact, in the select board operating procedures policy, page 2,it very clearly states "B. Preparation of Meeting Agenda & Packet: The Town Administrator shall cause the preparation of meeting agendas, in consultation with the Chair, and information packets and shall make the requirements thereof known to persons who may have business before the Board." So do not go giving me a scriven made an error, it falls on the town administrator and the chair and since you all failed again, you should at least own up to it. With all of your education, you should be able to admit you all goofed again. It is a pattern that is so obvious. As for Harrington, his firm and your lawyer, wrong again!

regards,

Jeff Bennett

 From: jeff bennett <j_bennett506@hotmail.com>

Sent: Tuesday, September 12, 2023 6:12 AM
To: Bennett, Mike <mbennett@TempletonMA.gov>
Subject: non criminal disposition

 

Good day, i have a law enforcement question; Templeton has a number of bylaws with fines in place and we have non criminal disposition means of further enforcement. My question is if proof exists that a bylaw was violated and there is a fine listed but the party ignores the fine, would it be proper procedure for a resident to file a police report so as to pursue collection of money owed the town? According to town bylaws, the party responsible for enforcing bylaw is not the police department but ignoring the fine, would that constitute criminal or non criminal behavior that would become the business of law enforcement?

regards,

Jeff Bennett

 September 13, 2023, a dog hearing is scheduled for selectmen meeting, how can selectmen with a straight face have a hearing to decide if a dog and/or owner violated or did not follow a town bylaw when the selectmen and other town officials do not follow the town bylaws themselves. Town bylaw states the selectmen shall appoint a town counsel in June, yet the chair and the town administrator waited until July to appoint town counsel. This means they either do not know the bylaws or chose to ignore them. Since the selectmen are law breakers themselves, they have no right to sit in judgment of anyone else, so I hope they do not bring up town bylaws and by not following the bylaw, nor their own policy, they need to pay up the $300.00 per selectman fine, that is another town bylaw under non-criminal disposition.

 On face book there is a letter from the Templeton fire department union ( I think 4 members) the letter talks about union declining a bonus from arpa money, but then suggests the department could use some arpa money for ems things. So, to members of the union, there is a thing called ambulance receipts, which is money collected to cover costs of ems service. Town meeting was told the ambulance service would pay for itself. The department chose a new tanker over replacing the 2014 ambulance. July monthly expenditure report shows a balance of $7,000.00 in fire/ems donation fund and $961,000.00 balance in ambulance receipts. Fy2024 Ambulance/EMS budget voted at town meeting is $534.500.00 while the FY2023 ambulance/EMS budget was $290,250.00 - almost 100% increase in ambulance funding from fy23 to fy24. EMS does not require any arpa money.