Do you know there is actually a written requirement for a PARCs grant.
I. REGULATIONS, STATUTES, OR AUTHORIZATION GOVERNING THIS GRANT PROGRAM: This BID is issued according to 301 CMR 5.00, 815 CMR 2.00 (Grants and Subsidies), and Chapter 102, Section 2A of the Acts of 2021 (An Act Relative to Immediate Covid-19 Recovery Needs). Note that application of funds from Chapter 102, Acts of 2021 to grant programs is at the discretion of the Secretary. All properties for which grant assistance is provided must be open to the general public (not local residents only) for appropriate active recreational use. All properties acquired or developed will become protected parkland under Article 97 of the Amendments to the Constitution of the Commonwealth of Massachusetts, dedicated to recreation use in accordance with M.G.L. Chapter 45.
Too bad the Parks commission in Templeton was created by special legislation rather than by acceptance of MGL chapter 45, section 2.
Not sure if this is a problem for Templeton getting the grant, but I am inquiring and letting the state know the details.
MGL chapter 45 - Section 2. A town may elect a board of park commissioners, consisting of three or five persons and prescribe their terms of office, or the members of a town planning board or department of public works, or road commissioners may if so authorized by vote of the town act as park commissioners therein. In a town which has not elected a board of park commissioners or has not authorized the town planning board so to act, the selectmen shall act as such board of park commissioners and have authority to approve or disapprove the acquisition of lands by eminent domain as set forth in section seventy-nine of chapter ninety-two and shall have all other powers and duties of a park commission. The mayor of a city may, with the approval of the city council, appoint a board of park commissioners for said city, consisting of five persons, who shall hold office for terms of one, two, three, four and five years respectively from the first Monday in May next following such appointment, or until their successors are qualified; and thereafter the mayor shall annually, before the first Monday in May, with like approval appoint one such commissioner for a term of five years from said first Monday in May. No member of the city council, clerk or treasurer of such city or town shall be such commissioner. In cities a vacancy in such board shall be filled in like manner for the residue of the unexpired term. A commissioner may be removed by a vote of two thirds of the voters of a town, or by a vote of two thirds of all the members of a city council. Such commissioners shall serve without compensation.
Powers and duties of boards of park commissioners
Section 5. Such boards may lay out and improve public parks, make rules for their use and government, appoint all necessary engineers, surveyors, clerks and other officers, including a police force to act in such parks, define their powers and duties and fix their compensation and do all acts needful for the proper execution of their powers and duties. They shall have the authority given to the mayor, aldermen, selectmen, road commissioners and tree warden respectively by section seven of chapter eighty-four and by chapter eighty-seven, in places under their jurisdiction. Subject to appropriation, such boards shall also have the power to conduct park programs and recreation activities at places other than such public parks.
All of Templeton selectmen and the town administrator need to read MGL chapter 45 section 5, probably multiple times, and realize to have a properly functioning Parks commission, the selectmen and TA need to get the hell out of the way, as Park commissioners have authority over parks, but since Templeton selectmen and adam lamontagne do not wish to get out of the way and want to argue or wish to not give up assumed authority, how can Templeton be eligible for a PARCs grant? The state agency/individuals who have oversight of the grant have been made aware of the Templeton situation concerning park commission and the refusal of the TA and selectmen to allow them to operate and function per MGL chapter 45, which I believe should disqualify the town for the grant and until that is settled, article 16 of the November 15, 2023 special town meeting should be passed over.
Just looked at Article 12 and a thought occurred to me..............We're doing this because we need a Deed that states "recreational use" somewhere to justify use of the P.A.R.C grant we are not eligible for based on Chapter 311 of the Acts of 2022 that created Parks and Recreation.
ReplyDeleteNot that it matters, but I see no funds attached, so are deeds/title searches now free and possible legal research free?
Article 12 and Article 16 both violate regulations and were created by the same folks bringing you the Warrant.
Management is not our strong suit in Templeton.
Eligibility Requirements of P.A.R.C Program
ReplyDelete(3) PARC Program. (a) Only municipalities with a Park, Playground, or Recreation Commission, or any combination thereof, duly established pursuant to M.G.L. c. 45, § 2, and a Conservation Commission duly established pursuant to M.G.L. c. 40, § 8C, are eligible to participate in the PARC Program.
Chapter 311 of the Acts of 2022- created by our staff
Notwithstanding section 2 of chapter 45 of the General Laws, there shall be a parks and recreation commission in the town of Templeton that shall consist of 7 members, each of whom shall be appointed by the select board for a term of 1 year.
MEANINGS
Pursuant = in agreement with
Notwithstanding= In spite of
Can anyone else see the problem?
I am sick and tired of our control hungry Select Board screwing up everything we try and accomplish due to their lack of knowledge or follow thru.
ReplyDeleteThey Created the Parks Commission yet demand control and appointment powers which costs us opportunities. Then they hire an inexperienced grant writer, who we have nobody to train that knows how to do their own job, nevermind Grant Writing.
From our TA, Assist TA and Grant Writer , NONE of them have any Office management, or experience other than in Templeton. Being trained by untrained.
Remember, Our TA was a management fellow when He came here, not and experienced staff member from another location.
Assistant TA last job was Secretary at a law firm over a decade ago
Grant Writer is college grad, who our Chairman promoted as a Superstar
Parks and Recreation need to be established as the single entity the law requires without the over reach of the Select Board.
The Bid just opened and promoted at Select Board meeting is most likely invalid as it states "Selectboard is controlling authority" referencing Gilman Waite, well, not according to the law!
As Jeff points out, Read Chapter 45 Section 5. The Selectboard does not know what they created, how to handle it or what to do............Pathetic.
Yes, there appears to be a problem. Details count.
ReplyDelete