No matter how anyone tries to frame it, the Templeton advisory committee did not follow town bylaw, as in violated the bylaws of Templeton on September 20, 2023 during which the committee discussed and voted against a transfer from the town reserve fund. 

Templeton town bylaws clearly state:

§ 9-6

Meetings.

The Advisory Committee shall meet jointly with the Select Board whenever there is a request to consider adjusting spending limits on any revolving fund, any end of year financial transfer or any request of transfer from the Town reserve fund.

Failure to follow bylaws, policy, state law, etc., leads to a lack of trust in any entity. I hope this committee that is supposed to look at financial issues especially and at all articles for any town meeting, annual or special objectively and independently from the TA or selectmen, gets back on track and follows the bylaws of the town, which were voted on by the people of Templeton, which if one looks at history, finance committees were started and later mandated by state law, with the aim of helping people at town meeting have an understanding of what is being asked of them and what are the pro and cons of each article. Hard to trust any recommendations from an entity that fails to follow a simple bylaw.

Something to remember as one contemplates article 22 of the upcoming STM on November 15, 2023.

 https://www.templetonma.gov/home/select-board/pages/stone-bridge

 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.

 By The Republican Editorials

The law is complicated, but for it to serve a civil society, it must be inherently fair. The plight of a Springfield woman now before the Supreme Judicial Court smacks of unfairness.

It is legal in Massachusetts for people in arrears on property taxes to face foreclosure on their homes. In the course of that, they have lost more than the security of shelter and dollar value of what’s owed to a municipality.

In May, the U.S. Supreme Court issued a ruling, Tyler v. Hennepin County, Minnesota, that is likely to end this greedy feasting on misfortune. The high court found that this process violates the “Takings Clause” of the Fifth Amendment of the U.S. Constitution. The ruling stands in conflict with Chapter 60 of the Massachusetts General Laws.

Springfield homeowner Ashley Mills and two legal groups want the SJC to broker an end to this practice. Attorney Frank Bailey, of the Pioneer Public Interest Law Center, says the Massachusetts statute contains language akin to what the high court found unconstitutional in Minnesota. New York and Nebraska have adjusted laws in light of the decision.

Massachusetts appears poised to join that movement away from a deeply unjust practice. After the May ruling, the Massachusetts Land Court said municipalities engaged in tax foreclosure cases must “provide just compensation to property owners.”

 

You forwarded this message on Thu 10/26/2023 12:53 AM

JB

jeff bennett

To:​Currie, Michael;​Toth, Timothy;​Rivard, Matthew;​Griffis, Terry;​Richard, Julie​

Thu 10/26/2023 12:53 AM

Good day, that time of the year so long days go late into evening, how ever, I still find time to do some reading. Since I am sure there is no funding in the GF budget for crack sealing and as a result of a public records request and a few questions, one response was a link to commbuys, I did some reading, saw the name of Clark and sent email asking a few things. Below is my email and response from Clark. So my question remains, if no money in GF budget for crack sealing, how was crack sealing on Partridgeville Road paid for? Route 101 from Gardner into East Templeton is a state road so TRD02 would most likely pay for that work, but Partridgeville Road still leaves a question. The town administrators lack of forthcoming responses to public records requests and questions are only going to hold for so long. On another note, just watched finance portion of your meeting, odd the accountant did not mention money lost on stabilization funds- investment income loss, which is evident when comparing August BvA with September BvA. Even more glaring is ack of question on it from any member of the board. Perhaps time to re-read your code of conduct, which is hilarious, considering who brought it forward. I mean the performance by Julie Richard on August 9, 2023 so called dog hearing makes it even more laughable. 

Jeff Bennett

---

From: Thompson Clark, Kelly (OSD) <Kelly.ThompsonClark@mass.gov>
Sent: Tuesday, October 24, 2023 10:33 AM
To: jeff bennett <j_bennett506@hotmail.com>
Subject: RE: crack sealing roads

 

Jeff, to what contract are you referring?  If you are referring to TRD02 which includes asphalt/paving services it is an active contract.  It renewed in SEPT2021 through AUG2024 and then has one more three-year renewal through 2027.  As for funding, that is a matter for the Town of Templeton as they are the ones paying for It not the State unless, it is a State road then the DOT likely procured the work and if the contract is active then there is no error.

 

From: jeff bennett <j_bennett506@hotmail.com>
Sent: Tuesday, October 24, 2023 9:25 AM
To: Thompson Clark, Kelly (OSD) <Kelly.ThompsonClark@mass.gov>
Subject: crack sealing roads

 

CAUTION: This email originated from a sender outside of the Commonwealth of Massachusetts mail system.  Do not click on links or open attachments unless you recognize the sender and know the content is safe.

 

Good day, Templeton town administrator forwarded me a document with your name attached to it, email dated May 27, 2021, regarding a contract for crack sealing roads in Templeton for a period of time ending June 30, 2023. A public bidding document can be found of Templeton town website. I observed the company doing crack sealing last week, October 2023, which is after the past contract has expired, which brings me to my question (as a concerned resident who tries to keep up with government stuff) If a contract expires for a service apparently paid for with state funds, how does that work? Is a bid for service for a stated period of time actually just an open ended contract with no time limit or limit on funds available either town or state funds?

Your help in guiding me to understand this is greatly appreciated.

 

regards,

Jeff Bennett

concerned resident and laymen.

 Selectmen are elected to work for you and to look out for you.

Seems odd they handout almost 100 thousand dollars of your money for bonuses for town employees for doing their jobs while some residents lost jobs, had hours reduced and had small businesses still trying to get back to where they were. Then the selectmen put $147,500.00 in town savings. Of interest is only 45 thousand into capital stabilization and 45 thousand into infrastructure stabilization. Selectmen reward town employees for doing their job but shortchange residents again. Putting maximum money aside for roads, drainage, sidewalks, etc. seems to be an afterthought of selectmen. Town financial management policy, which selectmen often ignore, states Local Funding – The first source of capital investment shall be the Capital Stabilization Fund. So, per the FMP, items such as new police cruisers, which helps reduce wasting money on costly repairs to old cruisers, should be paid for by the capital stabilization fund. Also, per a town meeting vote and presentation by the selectmen back in 2018, a funding source for capital is / was supposed to be meals tax, which again, selectmen ignore town meeting vote and their own presentation to town meeting. Time for town meeting to override selectmen again. How long would have 10 Pleasant Street building been standing if town meeting had followed selectmen vote on $2500.00 deposit into the demolition revolving fund? Selectmen were not thinking of residents then and they are not thinking of residents now. People need to show up to town meeting and use their authority to increase funding into the accounts that benefit residents. How long are people going to put up with a flooded road because selectmen do not seem to place much importance on it? Please show up to vote.

 from last town administrator weekly report:

. Also attended the Select Board meeting where

the Board approved the Fall Town Meeting (FTM) warrant containing 22 articles. The warrant has been signed by the Select Board and turned over to the Town Clerk. The Fall Town Meeting will take place on November 15th at 6:00pm at Narragansett Regional located at 460 Baldwinville Road. Hope to see a great turnout for the Town Meeting!

Seems odd the warrant is not post to town website, especially when town meeting voted for a town website for the posting of town business and information. Perhaps selectmen do not want you reading the warrant too soon?