COG...Citizen for Open Government in Barnstable, MA

SAD NEWS OUT OF BARNSTABLE...

Town Attorney, Bob Smith, passed away this morning, Sunday, September 30th at 9:30 AM.

Bob hasn't worked for six weeks, and had been in both Cape Cod Hospital, and its extended care facility on Route 28 for the past two weeks.

Bob, 64, had been ill with pancreatic cancer.

Rest In Peace, Bob

What goes around, comes around...

If you have the time to watch Janet Joakim, and her band of thieves playing on the Town of Barnstable website;

CLICK ON THE LINK BELOW TO SEE FOR YOURSELF, BUT BE SURE TO COME BACK FOR THE REST OF THE STORY

Town Council 09-27-2007 3H-47Min.wmv

Notice the Council's cavalier and permissive attitude toward the town's policy of airport price gouging enabled by its policy of fuel monopoly.

If it's okay for the council to stick it to Rectrix and other Hyannis visitors,

then the handful of gasoline station owners in Barnstable,

should have the same right to stick it to Barnstable automobile owners.

Today is Sunday, September 30, 2007, and I’ve copied and pasted some of today’s highest and lowest gasoline prices in eastern Massachusetts.
 
CLICK ON IMAGES TO ENLARGE

I’ve also pasted the latest average annual per capita gasoline consumption from the EPA.

Massachusetts per capita gasoline consumption is 458 gallons and the state is ranked 34th in the U.S. on per capita gasoline consumed.


Since the average family of 3 consumes

1,374 gallons of gasoline each year in Massachusetts,

and the average per gallon price of regular gasoline in Barnstable is $.45 higher than other areas,

the average Barnstable family of three typically spends

$658 more each year for gasoline than their off-Cape peers.

Note how all of the Councilors, except for Greg Milne and Jim Munafo, accepted Airport Commission Dunning and Airport Manager’s premise that gouging jet aircraft operators over the next 30-years will enable the airport to pay its share of building the new terminal.

Mosby said the town’s mark-up of

$1.78 per gallon

on jet fuel times the hundred thousand gallons sold at the airport will generate sufficient profits to pay back the town loan.

There are many in town who say they've seen Joakim flying around town on a broom,

and others who say they've seen her driving around in a hoopty.

If Joakim does buy gasoline, she's paying $.45 a gallon more than she should if Barnstable was treated fairly.

The issue is, “If it’s okay for Janet to anoint Doc Mosby and Michael Dunning’s plans to screw jet pilots on the purchase of jet fuel, then there's nothing to say about automobile fuel prices.

Rectrix Aviation owners invested $8 million at the Barnstable airport to provide charter service to and from all parts of the country and Hyannis.

Rectrix employs 35 people locally at good wages.

Rectrix’s business is to bring high rollers, who can afford to pay from $5,000 to $25,000 each way to Hyannis.

Many of Rectrix's customers own expensive homes in town, don’t send kids to the school program, and pay millions of dollars in property taxes.

Some Councilors think it’s unfair to force these homeowners to pay $500 more in property taxes so permanent homeowners can get a $666 property tax cut,

but they obviously could care less that Rectrix has to charge these seasonal residents $5,000 more to fly in and out of Hyannis because of the exorbitant cost of fuel.

Mosby, Dunning, Joakim, et al conspired to drive the company out of business by forcing it to pay $4.26 a gallon for jet fuel, for which its competition spends $2.00 a gallon.

Many of these jets have 5,000 fuel tanks.

Do the math.

One of the reasons Rectrix Aviation is suing the Dunning and Mosby in the U.S. District Court of Massachusetts is for damages due to the airport's monopolistic policy on jet fuel.

Congress enacted the Sherman Anti-Trust Act 150 years ago making monopolist practitioners guilty of a felony, and subject to millions of dollars in fines.

Last week Mosby, Dunning, et al lawyers, in their answer to the complaint, admitted the town does have a monopoly on jet fuel sales, but justify the monopoly because the FAA permit’s the practice.

The lawyers didn't say the FAA also has a contract with the Barnstable Airport to treat all Fixed Base Operators (FBO’s) equally,

and that the other FBO at the airport,

sell fuel to other aircraft owners,

and the two airlines self-fuel their aircraft, which is what Rectrix wanted do.

The Sherman Anti-Trust Act pre-dates the FAA, so the court will decide whether a monopoly on jet fuel is permitted in Barnstable. 

Whether or not the FAA trumps the Sherman Anti-Trust Act, as well as interstate commerce laws, is an issue that will be decided next year,

and tens of millions of your tax dollars are riding on that decision.

Since it was YOU who voted Joakim, et al into office,

are you willing to risk your money on a decision made by many of these folks who can barely manage their family budgets?

Last month, in a court filing, Rectrix lawyers said the company is open to settle the lawsuit.

COGgers think it's prudent to sit down with Mr. Cawley and resolve the problems for the most part created by the person who confessed to killing his wife two times this year...

I’ve copied and pasted some items from plaintiff’s answer to Rectrix Aviation Inc.’s complaint relative to the monopoly on the sale of jet fuel being challenged by Rectrix Aviation…

47. The defendants admit that Dunning met with Cawley on or about January 11, 2005; that Dunning told Cawley that the BMAC exercised a lawful proprietary exclusive right to sell jet fuel at the Airport and that Dunning did not think that the BMAC was likely to relinquish that exclusive right; and that Cawley threatened the BMAC with litigation.

52. Dunning and Mosby do not recall the details of all of their conversations with Cawley during the Spring and Summer of 2005, but state that they would have agreed that if Rectrix had a fuel tank it could, subject to reasonable restrictions, self-fuel aircraft that it owned;

Dunning and Mosby admit that they knew at that time that Rectrix did not have its own fuel tank;....

52. The other defendants admit that they knew at that time that Rectrix did not have its own fuel tank and lack knowledge or information sufficient to form a belief as to truth of the remaining allegations in ¶ 52.

56. The defendants admit that the BMAC would not allow Rectrix to self-fuel from a fuel tank leased from Air Cape Cod...

57. The defendants admit that the BMAC has allowed Airport tenants fueling propeller planes with avgas (not jet fuel) to use the tank of Griffin Avionics, another FBO; ...

71. The defendants admit that on or about June 16, 2006, Mosby informed Rectrix that Rectrix was not allowed to fuel third party jet aircraft, including aircraft Rectrix was servicing under its purported management contracts with Bombardier and CitationShares and that such fueling was not permitted under the December 20, 2005 resolution;....

72. The defendants admit that Rectrix disputed whether it was permitted under the BMAC’s December 20, 2005 resolution and the MOUs [Memorandum of Understanding] to fuel jet aircraft under its purported management contracts and that Rectrix as well as other FBOs are sometimes allowed, subject to the Airport’s operational requirements, to use common ramp space to service aircraft, including self-fueling;...

73. The defendants admit that Gilmore sent a letter to counsel on or about June 21, 2006, that Rectrix’s counsel responded to Gilmore’s letter shortly thereafter, and that Rectrix continued to fuel aircraft for some time;...

74. The defendants admit that the July 4th weekend is one of the busiest weekends of
the summer, that Mosby sent Rectrix a letter on or about June 30, 2006 and that the letter
contains the language selectively quoted in ¶ 74; refer the Court to the full text of the letter;...

The Barnstable Municipal Airport is an enterprise fund much like many others in town.  All enterprise funds operate from revenue collected as "user fees" except the Airport.

Joakim, Mosby, Dunning, et al have eschewed the user fees to pay for airport capital improvements, the Passenger Facility Charge (PFC) authorized by the FAA.

A PFC is a special surtax on all passenger tickets.

Had the Airport Commissioner adopted Passenger Facility Charges when it was enacted by Congress in 1990, the airport could have built the new terminal, roadways, and parking, and had millions of dollars left over from its cash reserves.

The only people who don't want to collect PFC's are the three local airlines that fly to Nantucket and Marthas Vineyard.

Town assets and resources at the airport are being used so the owners of these airlines can line their pockets with local money, and expand their enterprises all around the world, like in the South Pacific, Caribbean, Oregon, Maryland, and now Vermont.

Dan Wolf is a local businessman.  He has taken local money to expand his wealth throughout the world.

If the Airport Commissioners and the Town Council want to build a new terminal, or anything else at the airport, it should be done through passenger facility charges, not by ripping off airport tenants.

90% of the airport's customers carry lunch buckets to work in Nantucket every day.

If they can pay $100 to fly to and from work each day, I'm sure an extra $4.50 Passenger Facility Charge won't put a dent in their economic situations.

What is fair about forcing Rectrix, a few cab owners, and airport tenants to finance the airport so Dan Wolf can create airlines all over the world? 

Lastly bear in mind that us taxpayers, through Mosby, Dunning, Wheatley, Sanchez, and Gilmore's lawyers

ADMITTED TO OPERATING A JET FUEL MONOPOLY. 

A VIOLATION OF THE SHERMAN ANTI-TRUST ACT IS A FELONY.

 

There's more than one way to skin the crooks on the Barnstable Council....

The Barnstable Town Council, comprised of four practicing attorneys, ignored conflict of interest allegations, and a subsequent affirmation by Michael Dunning,

by reappointing Dunning to another four-year term on the Barnstable Municipal Airport Commission…

Dunning will have his day in civil court, but his recent affirmation of violations of Massachusetts General Law Chapter 268 Section 2 must be addressed by the State Ethics Commission.

The following is from a complaint just filed with the board..

State Ethics Commission
One Ashburton Place
Room 619
Boston MA 02108

Complaint against Michael Dunning, Airport Commissioner, Barnstable Municipal Airport

Gentlemen:

I am asking the Commission to institute an investigation of conflict of interest of Barnstable Airport Commissioner, Michael Dunning for his role in negotiating and signing a Barnstable Municipal Airport lease for two of his law firm’s clients. 

Dunning signed the leases as an Airport Commissioner.

Michael Dunning is an attorney and a partner in the law firm of Dunning & Kirrane, L.L.P. of Mashpee, Massachusetts. 

On January 22th, 2004 the firm incorporated Silvia Aviation, L.L.C. which became Silvia Aviation I, L.L.C. on January 10th, 2005.  Silvia Aviation I, LLC is owned by Floyd Silvia.

Then on August 9th, 2004, Kevin M. Kirrane, Dunning’s partner, incorporated Silvia Aviation II, LLC, owned by Floyd Silvia’s brother Ronald Silvia.

Dunning, signed leases for both corporations in his official capacity as an airport commissioner on August 13, 2004, six months prior to Silvia Aviation I, LLC becoming an entity.

Dunning, as a member of the BMAC permitted the Silvias to build two hangars that did not comply with the airport’s minimum standard agreement with the FAA (less than 10,000 square feet).

The BMAC allowed the smaller constructions to avoid Cape Cod Commission Act thresholds for an environmental review (DRI).

The BMAC gave the Silvia’s an 18 month lease abatement not available to other airport tenants.

The BMAC exempted the Silvia’s from the 3%-of-gross-sales tax other airport tenants paid.

When Richard Cawley, CEO of Rectrix Aviation, Inc., another airport tenant asked how the Silvia’s were given special treatment, he was told that he should have used the services of Kirrane & Dunning, LLP.

When Cawley asked if retaining Dunning‘s law firm for legal work was a conflict of interest, the commissioner replied sic, “that’s the way things are done on Cape Cod.”

This complaint is being filed at this time pursuant to an admission in answer to a complaint in a lawsuit filed in the U.S. District Court of Massachusetts.

These allegations and Dunning’s answer are in a civil complaint in United States District Court of Massachusetts, Case 1:06-cv-11246-RGS, dated 07/20/2006.

While Mr. Dunning is being sued for civil Racketeer Influenced and Corrupt Organizations and Sherman Anti-Trust Acts violations, I feel that these same charges are criminal violations of MGL Ch. 268 Sec. 2.

Enclosed are copies of appropriate pages from the Rectrix Aviation, Inc. complaint and Dunning’s recently filed (Sept. 25, 2007) answer to the complaint in which he admits to the charges.

Yours truly,

 

Gary Lopez

I am posting Dunning's answer to the Rectrix complaint that was submitted on September 27th, 2007

RECTRIX AERODROME CENTERS, INC.,
Plaintiff,
v.
BARNSTABLE MUNICIPAL AIRPORT
COMMISSION et al.,
Defendants.
Civil Action
No. 06-11246-RGS

ANSWER

The defendants, the Barnstable Municipal Airport Commission (the “BMAC”), Michael
A. Dunning (“Dunning”), Bruce P. Gilmore (“Gilmore”), Quincy Mosby (“Mosby”), Francisco
Sanchez (“Sanchez”) and Larry F. Wheatley (“Wheatley”), answer as follows the
correspondingly numbered paragraphs of the complaint by Rectrix Aerodrome Centers, Inc.
(“Rectrix”).

77. The defendants admit that the BMAC entered into a lease with Silva Aviation I,owned by Floyd Silva, in August, 2004, and at a later time entered into a lease with Silva Aviation II, owned by Ronald Silvia; that the BMAC granted the Silvias a rental abatement; and that the Silvia leases do not require the Silvias to pay 3% of their Airport-generated revenues to the BMAC; and deny the remaining allegations in ¶ 77.

78. The defendants admit that the BMAC approved construction of two hangars by the Silvias each of less than 10,000 square feet of gross floor area and that the Minimum Standards contain the language selectively quoted in ¶ 78; refer the Court to the full text of the Minimum Standards; and deny the remaining allegations in ¶ 78.

79. The defendants admit that Floyd and Ronald Silvia are brothers, that they were represented by the same attorney before the BMAC, and that the hangars were built by the same builder; state that the allegations concerning the Cape Cod Commission’s regulations are conclusions of law that require no response; and deny the remaining allegations in ¶ 79.

80. The defendants admit that Dunning’s law partner, Kevin Kirrane, provided legal services to the Silvias and incorporated Silvia Aviation I, LLC, owned by Floyd Silvia, and Silvia Aviation II, LLC, owned by Ronald Silvia; that the BMAC entered into a lease with Silva Aviation I in August 2004 and entered into a lease with Silva Aviation II at a later time; lack knowledge or information sufficient to form a belief as to the truth of the allegations in ¶ 80 concerning the dates of incorporation of Silvia Aviation I, LLC, or Silvia Aviation II, LLC; admit that the BMA received a public records request on or about December 29, 2004 from Rectrix and that defendant Mosby responded to this request on or about February 3, 2005; lack knowledge or information sufficient to form a belief as to the truth of the allegations in ¶ 80 as to
whether copies of the Silvia leases were included in the response because the BMAC staff did not retain copies of the records supplied to Rectrix in response to its request; and deny the remaining allegations in ¶ 80.

81. The defendants lack knowledge or information sufficient to form a belief as to the truth of the allegations contained in ¶ 81; but the defendants deny that the Silvias were given special treatment by the BMAC because Dunning’s law firm did legal work for the Silvias or that Rectrix would receive special treatment by the BMAC were it to seek to hire Dunning’s law firm to do legal work.

Your Barnstable Town Councilors, especially Gary Brown, who nominated Dunning for reappointment after he was left off the interview list, appointed him to another term.

You, as voters, have a visceral obligation to punish your elected representatives, just as the State Ethics Commission does by sanctioning Dunning.

You and I know most of the councilors are crooks, and we have a low standard proof to convict and punish.

We simply just don't vote for them.

If Dunning is found guilty of Conflict of Interest he could face three years in prison,

you only have to vote against the twelve councilors who voted to reappoint Michael Dunning, by voting Oui on three.

By voting YES on 3, and a COG-endorsed Charter Commissioner, we can run the crooks out of town hall, and begin to take back our town.

 

IN NOVEMBER DO NOT VOTE FOR;

• GARY BROWN
• JAMES MUNAFO
• HENRY FARNHAM

CHAPTER 268A  SECTION 2

d) Whoever, directly or indirectly, corruptly asks, demands, exacts, solicits, seeks, accepts, receives or agrees to receive anything of value for himself or for any other person or entity in return for influence upon the testimony under oath or affirmation of himself or any other person as a witness upon any such trial, hearing or other proceeding or in return for the absence of himself or any other person therefrom;—shall be punished by a fine of not more than five thousand dollars or by imprisonment in the state prison for not more than three years or in a jail or house of correction for not more than two and one half years, or by both such fine and imprisonment in a jail or house of correction; and in the event of final conviction shall be incapable of holding any office of honor, trust or profit under the commonwealth or under any state, county or municipal agency.

Mosby and Dunning's $15 million for the new airport terminal is still a colossal fib but the facts need to be corrected...

My conversation with the House Clerk is accurate.

The Clerk found the Governor’s Capital Budget items (2225) “on file” in the Senate, but the Governor's Office of Administration and Finance say that it's not the Governor's Five Year Investment Plan.

The Five Year Investment Plan includes bond authorizations already approved by the Legislature.

I got a call from Tom Ryan from the Office of Administration and Finance late this afternoon.

Tom was the person who searched the Governor's Five Year Finance Plan last week searching for the $15 million appropriation that Airport Manager Mosby said the town would lose if the Town Council failed approve a $3.3 million bond to pay the town’s share of building the new terminal.

Mr. Ryan did find capital budget authorization 6006-9980 that was described in an email to John Klimm from Massachusetts Aeronautical Commission Executive Officer, Robert Welsh, as the source of the state’s $15 million share of building the terminal.

Bond Authorization #6006-9980 was authorized by the legislature in 2000, but Governor Celucci did not include the $15 million authorization to build Barnstable airport terminal expansion.

Barnstable Airport's $15 million bond authorization is part of $8 billion in similar authorizations approved by the legislature in the last seven years that past Governors failed to act on.

Governor Patrick did not act on the $15 million authorization to build the terminal in his F/Y08 budget, nor did he include it in his five-year borrowing plans until F/Y2012.

During my conversation with Mr. Ryan I advised him that his office could be part of a scam, and advised him to view the YouTube video link in both of today's posts, in which both Mosby and Dunning clearly assert that unless the Council failed to approve a $3.3 bond to pay the town's share of building the terminal before October 3rd, the state's $15 million grant would fail to materialize.

Mosby and Dunning clearly lied, and the question of why remains.

Mosby and Dunning did not endear themselves to the Governors Office of Administration and Finance, and may find it difficult to get state grants for other uses in the future.

I am waiting for a scanned email copy of the 2000 bond authorization from Mr. Ryan, and will post it once it is received.

Confucius once said, "Be careful what you wish for."

Between the state and Barnstable Town Council, it looks like Mosby and Dunning have just out of wishes from the state.

I am posting a link to the 2000 legislation, and a
copied and pasted text from the email from Tom Ryan.

http://www.mass.gov/legis/laws/seslaw00/sl000235.htmHi

Gary,

Here is the link to the specific bond authorization you referenced:

http://www.mass.gov/legis/laws/seslaw00/sl000235.htm

And in this legislation, here is the line item that authorizes borrowing for municipal airports

SECTION 2E

EXECUTIVE OFFICE OF TRANSPORTATION AND CONSTRUCTION.
Massachusetts Aeronautics Commission.
6006-9980 For a program of airport planning, development and improvements in the commonwealth; provided, that the funds provided herein, in addition to the funds authorized in item 6006-9680 of section 2I of chapter 205 of the acts of 1996, shall be available for the purpose of conducting environmental analysis and mitigation and construction of a new passenger terminal, aircraft apron, automobile parking areas, access roads and other related improvements at the Barnstable Municipal Airport; provided further, that funds shall be made available for the purpose of conducting environmental analysis and mitigation, modifying and expanding the existing passenger terminal, and constructing automobile parking areas, access roads, bike paths and other related improvements at the Nantucket Memorial Airport; provided further, that funds shall be made available for the purpose of constructing passenger terminal improvements at the Marshfield Municipal Airport; provided further, that not less than $3,000,000 shall be expended for development and improvement projects at the commonwealth's other municipal and private airports as deemed necessary by the Massachusetts aeronautics commission; provided further, that all airport development and improvement expenditures made hereunder shall be subject to the regulations of said commission regarding matching fund requirements, so-called; provided further, that not more than $350,000 may be expended for the administrative costs directly attributable to the commission; provided further, that $11,000,000 shall be expended for the runway expansion at the Pittsfield Municipal Airport; provided further, that not more than $1,243,200 shall be expended for the design and construction of wastewater treatment and disposal facilities at the Plymouth Municipal Airport; and provided further, that the commission is authorized and directed to seek federal participation for projects earmarked herein whenever applicable.....................$42,213,200

As you can see, this bond authorization is from the year 2000.   The fact that this was passed by the Legislature in 2000, but you haven't seen funds spent in Barnstable yet, helps to explain the difference between a bond authorization and an operation budget appropriation.   

Bond authorizations have to be released by the Governor.   

There is currently approximately 8 Billion in bond authorizations available.   

Clearly the state can not afford to release all of these funds.   So bond authorizations are available to use over many years.

The 5 year capital plan that the Governor announced in August is not legislation, but it explains the plan for the next 5 years and uses existing bond authorizations. 

The plan calls for $1.5B in borrowing for fiscal year 2008 and within this amount, $10M for the Massachusetts Aeronautics Commission.

On a side note, on page 14 of the Governor's capital report you will see the plan calls for $12B in spending in the next five fiscal years, with a cap on borrowing keeping combined debt service and payment of debt-like obligations for existing and new debt within 8% of budgeted revenues (FY07 debt service was approximately 7.65% of FY07 budgeted revenues) and that by the end of the 5 year capital plan, debt service will decrease as a percentage of the Commonwealth’s budgeted revenues.

So as I have said before, while I do not know about the plans of the Massachusetts Aeronautics Commission, I do not believe the $10M budgeted in FY08 has any spending in Barnstable.

As for the story about the House Clerk, that also is incorrect.    The 5 year capital plan does not get filed with the Legislature.   It relies on existing bond authorization ( like the one from Chapter 235 of the Acts of 2000 and dozens of other bond bills previously passed by the Legislature ).    The Senate Docket he referenced to you is simply a record of the letter sent by the Governor that went along with this announced capital plan.   I am surprised they didn't tell you that.

I hope this is helpful.

Tom

Quincy Doc Mosby, and Michael Dunning, better known as con men, scam artists, swindlers, grifters, bunko artists, and flim flam men, pulled off another swindle last night on the eleven “marks” on the Barnstable Town Council…

Unfortunately the people who really got it stuck up their butts are Barnstable taxpayers.

In case you didn't watch the YouTube that depicted the events, please view it now;

http://www.youtube.com/watch?v=5rTJ240jZGI

At last night’s Barnstable Town Council meeting John Klimm reported the receipt of a letter from

Robert Welch, the Executive Director of the Massachusetts Aeronautical Commission, aka MAC,

Mr. Welch cited that the bond number for the airport’s $15 million grant appropriation was

6006-9980.

Mr. Welsh made me out to be a liar, because I wrote that the legislature never made such an appropriation.

Mr. Welch further stated that in order for the airport to be assured of the money,

the council had to approve the project last night, or the deal was off.

This morning I called House Speaker DiMasi’s office and asked for a copy of Docket# 6006-9980.

No one in his office knew what I was talking about so  his aide transferred me to the House Clerk.

When I gave the Clerk the number, he told me that

the number sounded like a line item in a budget, and asked me for the year.

I told him I thought it was this year.

The House Clerk said he couldn't help me, and asked where I got the information.

I told him,  "From the Office of Administration and Finance website, specifically to the F/Y 2008 - 2012 Finance Investment Plan that is prominently displayed with links to the PDF file."

The House Clerk then entered the Governor’s Capital Budget (Finance Investment Plan) into his search engine and found that the Governor's Finance package was

“on file”

in the Senate as Docket# 2455,

and that Item 6006-9980 was probably an item in the Docket.

Having some experience with the legislature in the RAGE lawsuit, I asked the House Clerk

if his characterization of “on file” meant what I thought it did,

“That the bill was being “waked” in the Senate.

He answered, “Yes.”

I then asked him if all spending measures still had to originate in the House, to which he replied,

“Yes.”

My next question of the House Clerk was, "Then what the Hell is the bill doing in the Senate?

The House Clerk said,

“We have a new Governor, and he is surrounded by a bunch of amateurs who filed the bill in the wrong branch of the legislature.”

What this means to Barnstable taxpayers and voters is that the $15 million has not been appropriated for the new airport terminal. 

Until Mosby, or someone else, tells him the Governor that if he wants any action on his capital spending plan, he better send a copy over to the House Clerk so he can send it over to the House Ways and Means Committee.

If Mosby’s 6006-9980 $15 million appropriation hasn’t even been officially filed  the “Drop Dead” date won't come up for at least another year, or even ever if the appropriation survives the House and Senate.

Every Legislator in both branches of the State House will be tacking on their own wish list spending items to the measure which means the odds of Mosby's $15 million making it through to the Governor are 15 million to 1.

The Barnstable Town Council last night were flat out scammed, which mean you got "taken" as well.

Why the rush to approve something that probably won’t happen?

I believe Mosby and Dunning simply want the approval to build the terminal, even if its was a $300 bond.

Give them the OK to build the terminal, and they'll build it, not with state funds, but with the proceeds from the sale, or a front-loaded lease, of the Kmart Plaza.

Mosby, Dunning, and their attorney, Bruce Gilmore, have stated many times that the Airport Commission

“owns” the Kmart Plaza,

and to prove it, they have the quitclaim deed.

If they "own" it, they can "sell" it.

COG will file a lawsuit on Monday or Tuesday asking the Court to rule with the Massachusetts Department of Revenue Tax Chief; that if the airport is to remain an enterprise fund, it will have to give up all lease revenue from properties;

not acquired by the enterprise fund,

and not under the "direct use" of the enterprise fund.

If the court concurs with the DOR Tax Chief, the Airport Commission will have then be forced to either give up lease revenue from the Kmart Mall, BankNorth, the Steamship Authority Parking Lot, and other properties outside the airport fence, or give up its enterprise fund status by becoming just another town department like the Department of Public Works, or the Health Department under the control of the Town Manager.

Voters elected the eleven Barnstable Town Council“marks”, and must suffer the consequences.

If the Kmart Plaza hasn’t been sold yet, there still may  be time to salvage the $10 million in annual revenue to the town’s general fund.

Voters have to begin by not electing

Gary Brown,

James Munafo, or

Hank Farnham

in the November election,

and then vote “Yes” on Question 3, 

and at least five COG-endorsed Charter Commissioners.

There are no other options.

If a picture is worth a thousand words….what's the value of a series of clips from last night's Town Council hearing, and the Hyannis Village Association-sponsored Meet-the-Candidates Nigh

Thanks to Charter Commission candidate Taryn Thoman, who filmed and edited some of last night's action from both events, you can get up to speed without any written words from me.

Bear in mind that the School Committee, together with the recently retired School Superintendent, Tommy MacDonald,

cut the school’s 125-student PM Alternative Learning Program

that caused thousands of high school kids with kid’s problems to be suspended multiple times until they gave up hope and quit school.

MacDonald, Lawler, and Murphy were also responsible for adopting bus fees.

MacDonald, Lawler, and Murphy were also at the helm when Barnstable parents filed a number of racial and ethnic complaints

causing the U.S. Department of Education to send the New England Equity Alliance at Brown University for an intensive investigation of wholesale discrimination and bullying in the Barnstable School District…

MacDonald said last night that he asked for the New England Equity Alliance to investigate discrimination and bullying problems in Barnstable.

Brown University, in the New England Equity Alliance report, categorically states that the investigation was ordered by the U.S. Department of Education, pursuant to a number of complaints.

$50 million to $75 million of your tax dollars rest on Quincy "Doc" Mosby, and Michael Dunning credibility.

Both are defendants in the Rectrix Aviation lawsuit...

As you watch the video of John Klimm speaking last night,

ask yourself if you really want these guys on the witness stand in U.S. District Court testifying before a Boston jury with that much of your money at stake?

Rectrix wants to settle the lawsuit. 

I recommend that John Klimm pick up the telephone today, and beg Rich Cawley for forgiveness.

Mosby is an obvious chronic liar.

With him on the stand the town will not only lose the case, but will be exposed for maximum punitive damages.

Please watch for yourself, and act....


Please click on each of the links and see what I mean..

http://www.youtube.com/watch?v=5rTJ240jZGI

http://www.youtube.com/watch?v=1T1zh-oZ2yQ

http://www.youtube.com/watch?v=kTDVs3ona_E

http://www.youtube.com/watch?v=rU7saukPoZ0

 

Joakim, Brown, Munafo, and Farham’s tactics to stonewall the Hyannis Civic Association

Last June Debbie Krau and Tony Peletier, in recognition that three of the four Hyannis Town Councilors were up for reelection,

scheduled September 27th as the Association’s annual “Meet the Candidates Night.”

What better day. 

Thursdays are reserved for Town Council hearings, and since no meeting was scheduled for tonight, the assumption was that all incumbents would be free to debate at the Hyannis Civic Association event.

The Council rarely schedules back to back hearings on consecutive Thursdays, and it held a meeting last week, September 20th.

The Hyannis Civic Association rented the Hyannis West Elementary School to hold the event.

If Brown, Munafo, and Farnham really wanted to debate their political opponents tonight,

does anyone believe that Janet Joakim would turn down an offer from the trio to start tonight's Council hearing at 8:00 PM to enable their participation in both public events?

So far, the trio up for reelection have opted to play “Mickey the Dunce” by making Joakim the "bad guy.

Joakim writes a couple of internet blogs and posted the following on her Seven Villages blog;

This Thursday, the town council will have a special meeting to conduct public hearings on 12 requests for Community Preservation Funding. 

These public hearings are a culmination of work done per the Community Preservation Act, voted in by you, the residents of this town.

I would much rather be writing about how our hard-working CPC committee realized that they needed to design a schedule to accommodate this process rather than bring forth items here and there throughout the year– and about how they have developed an application process and hold public hearings in order to prepare for the meeting this Thursday.

Or how many different individuals, groups, organizations and our staff have worked on preparing applications making presentations and putting on public hearings  leading up to the meeting.

But I am posting tonight because of a scheduling conflict and a disturbing post by Eric Scwhaab that I came across while dealing with this conflict.

The Greater Hyannis Area Civic Association has scheduled a candidates night for the same evening as our special meeting.

Both meetings were scheduled in the mid summer. An article about this issue was posted by David Still on the Barnstable Patriot Website - on their Dot Commons section which allows readers to post responses. This response was by Eric Schwaab and reads as follows:

This and the past few posts have focused on Eric Schwaab and his candidacy for town council in precinct 3.

The motivation is simple.  This man represents a small group of angry and destructive gadflies who call them selves COG.

He states the following on his blog:

“I hope to restore some semblance of sanity to our Town Council. 

My friends at CapeCOG drafted me for this position and I hope you will allow me an opportunity to introduce myself.

I’d like your vote for the 3rd Precinct. I’d like to represent your best interests before the Town Council.”

Their plan is one they are proud of.   Schwaab, who bought a summer home in Hyannis three years ago, would change his voter registration from Brighton to Barnstable, then at the same counter pull papers to run for charter commission and town council in a seat with an incumbent considered vulnerable.

Luckily, a local guy, Mike Hersey, has also thrown his hat in the ring and we can only hope that in the preliminary election on Tuesday residents of precinct 3 will show Mr. Schwaab that they won’t fall for the act and Gary Lopez and the COG group has put together.

According to people who have met Schwaab at the door when he went door-to-door, Schwaab claims that the town is allowing asbestos filled water into their precinct and it is harmful to the area’s children and elderly. 

That is not true. 

That is not legal. 

There are measures in place to test the water and prevent this.

Schwaab also says he will make changes at the airport — a promise that can’t be kept unless this charter commission puts a question on the ballot that would bring the airport under the town’s management.

He says he will lower the property taxes?

How will he lower them any further now that the residential exemption is in effect?

Let’s not forget that he dodged that extra tax when he was still registered to vote and claimed his primary home was in Brighton. 

The town was sending tax bills to his address in Hyannis, not knowing that they were forwarded to his home in Brighton and he was not charged the residential exemption.

He touts that as more proof that the town is somehow inept.

But, when the town caught on to this, he had gone for TWO years getting that tax break that he should not have received, and he didn’t bring it to the town’s attention.

If he claims he did, then he is demonstrating his ability to comfortably twist the truth like his friend Gary Lopez.

On his blog he responds to the charge that he is blatantly carpet-bagging by explaining that his condo in Brighton is his home office…. meaning he works out of his home….. in Brighton….  A home office is an office set up in your HOME.  Will he go home to work and come her to sleep?

The bottom line is that the group that recruited him called COG is run by Gary Lopez, a gadfly who wrote angry letters to the editors and showed up at meetings — until he discovered the blogging tool.

His blog has brought together people like John Julius, Eric Schwaab, Peter Doiran and others who spend hours spinning conspiracy theories, filing unsuccessful an wasteful lawsuits against the town that cost each and every tax payer money to attend to, they send John Julius and Peter Doiran to the Town Council meetings to rant and rave and throw out accusations, and they orchestrated a very public, very hateful, recall attempt against me because they disagreed with a vote I took.

Members of that group have now created websites about me full of incredibly sick accustations , with photos of my face on Osama Bin Ladin’s head language that embarasses any decent human being, that have many wondering about the levels of sanity among the members of COG.

This group has never actually tried to work with people in the town. Julius and Lopez were each invited to discuss issues and numbers at various times and each declined.

Schwaab claimed to be involved in committees during the purchase of the water company in Hyannis, but no one remembers him being at public hearings and workshops, and he would have had to have been a full time resident to serve officially.

Gadflies are present in every level of government. They are important, they are necessary and occasionally they can be credited for righting wrongs.  I was one myself before I ran.

But gadflies like the COG group are more destructive than constructive.  The try to convince us that despite the good news about our bond ratings, and the recognitions we get locally and nationally, we are all corupt.  This group has accused me of accepting bribes and stealing money.  This group has continuously hurled visceral insults at good people. They attack family and appearances, they post personal and private information about those they attack; they stoop to levels that will bring any discussion to the gutter level.

This group will always have a new conspiracy to report.

This group recruited and is supporting Eric Schwaab, the fellow from Brighton with the dog and no true, clear, understanding of what life is really like for us who have one true home in BArnstable and who stick it out all four seasons.

Schwaab state’s “I’d like to represent your best interests before the Town of Barnstable.” How can he do that when he doesn’t know us well enough to understand what those best interests are.

Please vote for Mike Hersey or Jim Munafo this Tuesday Sept. 18th.  Let’s send Mr. Schwaab and his dog back to his home office and his wife in Brighton.

Before I go into the essence of this post, I want everyone to know that the

Assessor made more than 500 mistakes on both sides when he determined eligibility for the Residential Exemption. 

Hundreds of permanent residents were wrongfully denied,

and hundreds of seasonal residents erroneously received the $105,000 abatement.

Within days after confirming that he mistakenly received the Residential Exemption abatement, Schwaab called the Assessor, offering to repay the $1,380.

The Assessor told Schwaab that he couldn’t accept the check because the “books were closed on those years.”

Schwaab IMMEDIATELY wrote a check for $1,380 to the Calvary Baptist Church that feeds 100 needy people on a daily basis.

Schwaab's act of benevolence was contrary to Joakim's assertions that he somehow benefited from the Assessor's mistakes.

Joakim disingenuously neglected to write about Schwaab's contribution, but that's par for the course in all covens.

Today the Assessor was on WXTK talking about the shit job he did sorting who was, and who was not eligible for the Residential Exemption.

His mistakes were enabled because homeowners typically defer perusal of tax bills to mortgage holders that debit mortgage escrow accounts.

My post today raises the question as to the legitimacy of tonight’s Town Council hearing on the 12 CPA grants.

Massachusetts General Law specifically limit’s the Town Council’s role in CPA participation to appointing the CPA Committee, and setting the annual budget for CPA spending.

While the law empowers the Town Council to participate in individual awards,

it prohibits the Council from reducing or increasing money awards.

The law also prohibit’s the Council from making CPA grants without prior approval from the CPA committee. 

The CPA Act clearly limits the Council's role in CPA awards and acquisitions to setting the four corners of the budget,

with no standing in individual awards.

Once again Joakim will grandstand to boost her sagging ego.

This time at the expense of voters who have the absolute right to hear political candidates.

Witches and gremlins are noted for screwing up the works, and Joakim is no different.

I’m posting the Massachusetts Department of Revenue Informational Guideline Release (IGR), which has the power of law, that further defines the Community Preservation Act written in 2000, the year the Act was adopted by the Legislature and signed into law by the Governor;

The Community Preservation Committee must consist of five to nine members.

The members must include a designee from each of the following boards, commissions or authorities:

The conservation commission (G.L. Ch. 40 §8C).

The historical commission (G.L. Ch. 40 §8D).

The planning board (G.L. Ch. 41 §81A).

The board of park commissioners (G.L. Ch. 45 §2).

The housing authority (G.L. Ch. 121B §3).

If these municipal agencies do not exist in the community, the by-law or ordinance may designate other members from agencies or persons performing like duties.

C. Action

A quorum of a majority of the entire membership of the Community Preservation Committee must be present for the committee to meet and act. A majority vote of the entire committee membership is needed to take any action.

D. Role

The Community Preservation Committee is responsible for evaluating the community preservation needs of the city or town and making recommendations to the community’s legislative body as part of the annual budget process.

Its role is analogous to that of a capital planning committee in developing a multiyear capital improvement plan for a community and presenting an annual capital budget to its legislative body.

1. Annual Needs Study

The committee must study the community preservation needs, possibilities and resources of the city or town consulting with various municipal agencies, particularly those represented on the committee.

It should then develop a community preservation program and financial plan for the city or town.

The program should identify long term and short term goals and needs, set criteria for evaluating proposed acquisitions and initiatives, prioritize projects and estimate their costs.

The financial plan should include a multi-year revenue and expenditure forecast and identify the fund or other municipal financing source for each proposed project.

The program and financial plan should be reviewed and updated annually to reflect changes in the community’s needs, priorities and resources.

The committee must hold at least one public informational hearing as part of the initial study and annual review process.

Notice of the annual hearing must be posted at least two weeks before the hearing date. In addition, the committee must publish a hearing notice in a newspaper of
general circulation in the community for each of the two weeks before the hearing date.

2. Annual Recommendations and Budget

Each year, the committee must make recommendations to the legislative body for funding community preservation acquisitions and initiatives.

The committee may propose appropriations or reservations from fund financing sources for specific projects or categories of projects.

These recommendations should be included in an annual community preservation budget presented as part of the community’s annual budget process.

The community preservation budget should include the committee’s revenue projections for the fiscal year and identify all expenditures the committee proposes funding with Community Preservation Fund
financing sources.

In addition to appropriations and recommendations for projects or categories of projects, this would include committee
administrative and operating expenses, debt service and any other existing or ongoing obligations.

Alternatively, debt service, committee administrative and other expenses to be financed with annual fund revenues may be included in the community’s omnibus budget.

The community preservation budget
should account for the commitment of funds for these expenditures, however.

3. Additional Recommendations

Throughout the year, the committee may make additional recommendations on acquisitions and initiatives to the extent funds are available to support them.

4. Legislative Body Action on Recommendations

The legislative body may make appropriations from or reservations of
community preservation funds in the amount recommended by the committee or it may reduce or reject any recommended amount.

It may also decide to reserve all or part of the annual revenues recommended for
appropriation for specific acquisitions or initiatives for later appropriation by allocating them to the reserve for that category of expenditures instead.

For example, annual revenues recommended for a particular open space acquisition may be reserved for future open space purposes.

The legislative body may not increase any recommended appropriation or reservation, however. In addition, it may not appropriate or reserve any fund monies on its own initiative without a prior recommendation by the committee.

E. Recordkeeping

The Community Preservation Committee is responsible for maintaining records relating to the use of the Community Preservation Fund. G.L. Ch. 44B §13.

These records are subject to disclosure as public records. G.L. Ch. 66 §10.

1. Recommendations

The committee must keep a record of its recommendations to the legislative body and the specific action taken on them.

2. Expenditures

The committee should track all appropriations and expenditures made
from the fund. The municipal clerk certifies all appropriation votes and
the accounting officer maintains the official financial records of the municipality. The committee should periodically monitor spending from the fund, however, in the same manner as department heads review
monthly reports from the accounting officer on the status of their budgets.

3. Property Interests

The committee must maintain an inventory of all real property interests acquired, disposed of or improved by the community afterrecommendation of the committee.

The inventory must contain, at a minimum, the names and addresses of the grantors and grantees, the amount of consideration and all relevant action dates. It should also reference all documents related to acquisitions, dispositions and
improvements, such as purchase and sale agreements and deeds.

VII. ANNUAL REPORTING REQUIREMENTS

All community preservation communities must annually submit the following
reports:

A “Community Preservation Surcharge Report” (Form CP-1) (Attached) to the
Municipal Data Management/Technical Assistance Bureau by September
15.

This report details surcharge commitments of the previous fiscal year and is required for a state trust fund distribution to be made to the community.

A “Community Preservation Fund Report” (Form CP-2) (Attached) to the Bureau of Accounts by October 31. This report details all fund activity ofthe previous fiscal year. A copy must also be submitted to the Executive
Office of Environmental Affairs (EOEA).

A “Community Preservation Initiatives Report” (Form CP-3) (Attached) to the
EOEA by August 15. This report details acquisitions and other community preservation initiatives of the previous fiscal year.

In addition, all financial activity related to the Community Preservation Fund must be reported in Schedule A. See column “Open Space Acquisition Fund” in the special revenue section, Part V, under other special revenue.
Note that the law defines the Council’s role with the term, “may,” and the CPA Committee’s role as “must.”

In CPA cities with sane, rational, and normal Councilors, the CPA Committee evaluates and takes comments for proposals and makes the final decisions.

If the CPA Committee needs oversight, that job rests with the Mayor or City Manager.

Once again Joakim will be sticking her “big” nose into something that is clearly not her business.

This time she’s probably doing it so Councilors Brown, Munafo, and Farnham can escape debating their political opponents in front of the voters.

Farnham has nothing to do with Hyannis you say!

Farnham is the liason to the Airport which is in Hyannis, and played a key role in appointing one of his West Barnstable constituents, Skip Simpson, to the Hyannis Water Board.

Farnham was also instrumental in the theft of Hyannis water rate payer’s BARLACO property two years ago.

When will Joakim learn that politics the "Joakim Way" will no longer be tolerated by Barnstable voter?

Airport Insecurity

Last Thursday I published a post that cited Denise Garcia’s answer whether the Massachusetts Aeronautical Commission (MAC) had granted the Barnstable Municipal Airport (BMAC) $16 million to build the new terminal.

Ms. Garcia told me flat out that MAC had made no such decision, but did say the Massachusetts Legislature approved the money via the Massachusetts Department of Administration and Finance’s (MDAF) five year capital budget.

I logged onto the MDAF website and found the F/Y2008 - 2012 Five-Year Capital Investment Plan (nee Five Year Capital Budget) which was signed into law in August, 2007 by Governor Deval Patrick.

CLICK ON IMAGES TO ENLARGE

I could not find any grants to the Barnstable Municipal Airport in the budget, so I telephoned the agency, and had two different budget managers do a hand search.

The pair spent five hours searching, and I was told that the agency was positive no such grant was appropriated in the $300 million Transportation section of the budget.

I posted the story last Thursday in the early AM so town officials could read it.  You can scroll down the posts to September 20 and read the post yourself.

At the Council hearing John Klimm gave the BMAC as list of 16 “must do’s”,

the first of which was to provide written verification the $16 million was set aside as a grant to build the terminal at BMA.

Councilor Greg Milne echoed Klimm’s request by asking that

written verification be brought in before this Thursday’s Council Hearing.

I’d like to stop right here and ask you, the readers, a question; 

“If the BMAC was in receipt of a letter from MAC attesting to the $16 million grant,

Shouldn't have Mosby or Dunning brought a copy of the letter to the Town Council hearing last Thursday night?”

A $16 million grant to any local agency, especially the BMAC, is significant.

If the BMAC had been notified in writing the Commission had been granted $16 million, news of the gift would have been aired long before last Thursday’s hearing.

Mosby and Dunning told the Cape Cod Times that should the Town Council fail to approve the town’s $3.3 million share of building the new terminal by October 1,

$30 million in MAC and FAA grants would go by the wayside,

and infuriate Barnstable taxpayers.

If the legislature approved, and Governor Patrick signed. the Five-Year Capital Investment Plan in August,

why the October 1st deadline?

It would have made more sense for a July 30 deadline because the Capital Budget was signed in August.

Unless someone from the State Office of Admistration and Finance can find an appropriation for the Barnstable Airport in the August budget,

1) Someone on the BMAC is confused, or

2) The money was appropriated outside the Capital Budget.

3) None of which makes sense.

Today the rumor around town is that the BMAC is in receipt of a letter from a Lieutenant Colonel from MAC.

If there is such a letter, John Klimm, and the Council need to ask the author if the money will come to the BMAC from MAC.

For convenience I’ve posted the names and means of contact for MAC personnel.  The name on any letter from MAC should be from one of the following;

Arthur G. Allen
Chairman
617-973-8881
arthurallen@comcast.net

Robert S. Mirabito
Vice Chairman
617-973-8881
rsmboston@hotmail.com

Jeffrey C. Fallon
Commissioner
617-973-8881
navajokid@aol.com

William (Bill) J. Nutt
Commissioner
617-973-8881
william.nutt@amg.com

Michael A. Leger
Commissioner
617-973-8881
maleger@verizon.net

Robert E. Welch, Jr.
Executive Director
617-973-8881
robert.welch@mac.state.ma.us

Wayne C. Kerchner
Chief Legal Counsel
617-973-8884
wayne.kerchner@mac.state.ma.us

Lorraine A. Bohannon
Program Coordinator II
617-973-8898
lorraine.bohannon@mac.state.ma.us

Michael Thompson
Manager of Finance
and Administration
617-973-8882
michael.thompson@mac.state.ma.us

Lawrence J. Gallo
Manager of Airport
Engineering
617-973-8896
lawrence.gallo@mac.state.ma.us

Joanne M. Ruddy
Airport Engineer
617-973-8891
joanne.ruddy@mac.state.ma.us

Denise J. Garcia
Manager of Aviation
Planning
617-973-8890
denise.garcia@mac.state.ma.us

Steven L. Rawding
Aviation Planner
617-973-8893
steven.rawding@mac.state.ma.us

Richard I. Bunker
Aeronautical Inspector
617-973-8887
richard.bunker@mac.state.ma.us

I spoke with Denise Garcia, the Planner for the terminal project, and Thompson, a Manager at the Office of Administration and Finance, both of whom are in the list.

Mosby's letter should be signed by one of the people listed to be authentic.

It just doesn't make sense for MAC and its annual $10 million budget to hand over two-thirds of the 2009 and 2010 budgets to the BMAC so it can build a low priority terminal.

Last Thursday Doc Mosby iterated and reiterated to several councilors that a MAC study in 1999 stated the BMAC generated $165 million to the LOCAL ECONOMY.

Mosby was asked to confirm the figure, "because the level seemed unbelievable".

Mosby reiterated the $165 million to the LOCAL economy.

I spent most of the day on the Commonwealth’s website searching for that 1999 MAC report because I don't believe the Barnstable Airport generates three times the annual town levy.

While I couldn't find the 1999 report, I did find the following letter from Mosby to a state official.

Note that Mosby claims the  $165 million is the airport’s contribution to the

STATE economy,

and that the BMA’s contribution to the local economy is

$1.6 million a year,

or less than Spanky’s Clam Shack’s annual receipts for the summer season.

What’s up at Barnstable

By Quincy "Doc" Mosby

Editor’s note: This is the second part of a commentary by the manager of Barnstable Municipal Airport.

Aside from companies like Rectrix, some major airline carriers have set their sights on Barnstable Municipal Airport.

Within the near term, a low-cost carrier like Jet Blue
Airlines could very well provide service to other major destinations such as Atlanta, New York, or Washington, DC.

I have already had very productive meetings with Jet Blue officials, but talks are still in the infant stages.

Cape Air, the most tenured and largest tenant at the airport, which employs the world’s largest fleet of Cessna 402 aircraft, is also looking for the potential to expand its service to new markets at some point.

Better airline service for the Cape? Why bother?

The answer to these questions are numerous, but worthy of discussion.

Home prices on Cape Cod have risen dramatically
over the past five years to a point where the average price of a modest-style single family dwelling hovers somewhere around $400,000. And home prices are still on the rise!

Also, you might be surprised to learn that Barnstable Municipal Airport is routinely visited by well-known sports figures, movie stars, and government officials.

Many celebrities, of course, are local Cape residents.

Given the upscale living standards common to Cape Cod, and the airport’s high visibility, these two factors alone should stimulate community-wide support for the airport’s move toward modernization.

By the way, here is one other fact that the public
may not be aware of, but should appreciate.

In the world of aviation, there is a term called “leakage.”

Leakage could be characterized as the number of people who travel from the Cape to either Logan or Providence airports to catch flights to other major
destinations.

In 2004 there were approximately 163,000 round trips from the Cape to Logan Airport alone, either by personal vehicles or other modes of transportation such as Plymouth & Brockton Bus Lines. That’s a lot of revenue leaving the Cape, and a lot of vehicular traffic on our roadways.

Wouldn’t it make more economical sense if we could recapture that leakage, and send them out of Barnstable Airport by air?

But what about the economic benefits to the Town of Barnstable and the region?

That’s a valid question.

The airport operates as an enterprise activity, is self sufficient, and all operations are totally supported by user fees.

What’s the tangible benefit of such an operational strategy?

No tax burden on local residents!

The airport’s economic impact on the local economy is estimated at approximately $1.3
million.

More than $660,000 is contributed annually to the Town of Barnstable through assessment of direct and indirect costs.

This small “aviation city” located within the heart of Hyannis is undoubtedly the town’s largest single employer.

Airport employees, including full and part-time, and tenants operating on the airport exceed 1,907
personnel.

The results of an economic study conducted in 1999 by the Massachusetts Aeronautics Commission revealed that

Barnstable Municipal Airport’s economic impact to the state’s economy exceeded $165,498,723, and has increased steadily at a rate of

more than 10 percent per annum.

Modernization does not come without a certain degree of tradeoffs, but it should be noted that more jets operating in and out of Hyannis does not mean more noise and  other nuisances imposed on residents. Now some might say, “OK, who’s this guy kidding?

More jets definitely mean more noise!” Again, the facts are irrefutable.

Over the past 36 months, the airport has seen a dramatic decrease on noise complaints. In 2001,
the average number of monthly noise complaints exceeded 2,300.

Today, that number has reached an all-time low of less than 43 complaints per month.

Of the total number of complaints logged, about one in every five is related to jet operations.

The airport is very sensitive to noise and other airport impacts on the public at large.

We have made many strides over the past 36 months, and will continue to pursue and employ whatever technologies are available to minimize negative impacts.

And what of passenger travel and the outlook for Cape Cod? Remember the Big Dig?

It only takes being stuck in the Boston traffic to appreciate the advantage of using Barnstable Airport for your travel needs.

Here’s a reality check: it takes about one and
one half hours to drive to Boston’s Logan Airport.

If there is one traffic jam, you’re lucky to catch your departing flight out of Logan!

With a major carrier operating from Hyannis (let’s say Jet Blue, for example), by the time it takes to drive the distance to Logan or even the Providence airport, you could have driven to Hyannis, parked your car, cleared security, and be in Washington, DC, Newark, NJ, or even Atlanta before the departure from Logan or T.F. Green ever left the runway!

If time equals money, you do the math.

The result is quite simple!

My response to Mosby's claims;

• The drive to Logan from Barnstable is one hour.
• Barnstable workers can not afford to pay $125 for a one-way ticket.
• A family of four would spend $625 for a one-way airfare from Hyannis to Logan, and can rent a stretch limousine to transport all four for $150.
• In June 48 Barnstable officials flew to Los Angeles for the All American City awards, and all took limousines to either Providence of Logan both inbound and outbound.
• The round trip airfare to go to work in Boston means workers would spend $62,250 each year just for transportation.
  
• Even if a worker could afford to fly from Logan to Hyannis each day, the time consumed getting from their Boston workplace to Logan, wait for the flight, the flight itself, and the time to drive from the BMA to their home would take at least double the driving time.
• If Mosby was to interview 1000 Barnstable residents who commuted to Logan to catch flights to their destinations, less than 15% would be flying south to Atlanta.
• Mosby's assumptions are juvenile.
  
• Mosby's noise assertions are outrageous, as noise pollution is at an all time high.
• The number of employees at Cape Cod Hospital is double that of the airport.
• The Cape Cod Mall hires more people than the airport.
  

I believe the letter Mosby wants the Town Council to sign attesting to the fact that, subject to certain conditions, will amount to a complete validation of the terminal.

Once the letter is signed, it will give the BMAC the license to sell the South Wind Plaza (Kmart Mall), and use the proceeds to finance the terminal.

Saying goodbye to $10 million in annual lease revenue is the equivalent of trading the orchard for an apple.

The dearth of news of the Horace Mann Charter School deficit isn't "good" news.

ORGINAL POST REDACTED SINCE TODAY'S CAPE COD TIMES RELEASED A FURTHER UPDATE ON THE HORACE MANN ELEMENTARY SCHOOL DEFICIT....

It’s been a matter of hours since my post on the Marstons Mills Horace Mann Public Charter School, a telephone call to Mr. Edward Palladino, of the State Auditor’s office regarding the school’s budget deficit, and this morning’s story in the Cape Cod Times.

Reading between the lines, another of Dr. Angela Castoria’s personnel recommendations may be at the heart of the scandal.

Angela brought the former chief school administrator, Mr. Deusser, to the job after encountering him in a Caribbean restaurant sipping Bahamas Mammas.
You may remember a couple of other posts in which Deusser’s extraordinary thirst for greenbacks resulted in him performing both the school’s chief administrative position at $110K as well as the Technology Director’s job at $52,000.

Deusser claimed he had enough time to do both jobs.

Why would the school's Technology Director’s job go unfilled? It doesn't make sense..

Why would the school fail to fill the already budgeted Technology position this term?

Some of the teachers that were "let go" by the Horace Mann School will end up in the Barnstable School District.

Did the Barnstable School District really need these positions?

What cuts will be made to offset the already budgeted district?

The Times also reports Angela’s former secretary, who was promoted to the school’s financial manager, was let go.

COG asked in a prior post whether the bookkeeper was qualified for her job at the Charter School in the first place.

Is the school’s Board of Trustees now saying that the bookkeeper is responsible for the deficit?

The Times reports that an audit has yet to be commissioned.

Ed Palladino, from the State Auditor’s Office, didn’t get back to me yesterday afternoon, so I think I’ll just have him read today’s Cape Cod Times which can be added to the information I already gave him.

Voters and taxpayers need to ask why.

Why did Ralph Cahoon, Tommy MacDonald, Dave Lawler, and Patrick Murphy decide the district would be better off with two completely autonomous and independent school districts operating within the town’s school district?

The other Horace Mann Charter School, the 5th and 6th Grade School, was recently placed on the Department of Educations “Failing List.”

The Horace Mann Elementary School’s enrollment is all White except for two African American students.

The school also has only two Latino students in its 473 enrollment.

The school’s enrollment boasts only 7% of its students from low income families, yet its budget is the largest of all of the town's elementary schools, and the school's MCAS scores are significantly lower than the Hyannis West Elementary School where the student demographics are completely opposite to the Horace Mann School.

The Horace Mann elementary charter school belies the fact that it costs more to teach poor, non-English-speaking students.

How did Janice Kimber and Tim Telman get to be the equivalent of the town’s School Committee?

Why should one School Committee be elected, while the two others formed through osmosis?

Why did the primary school district merge its finance department with that of the town as a cost-saving measure, while the two other districts operate with their own business managers?

It wasn’t too long ago that the schools were built for children.

It seems that somehow Barnstable schools are operated for adults; teachers, administrators and trustees, with children as an after thought.

The Horace Mann Schools might be okay if the results were positive, but with each passing day we learn that the Horace Mann Charter School are just havens for the elite, and sources of patronage for the mediocre.

It’s been two weeks since we reported the $150,000 deficit at the Marstons Mills Horace Mann Charter Public Elementary School, and the clamor from school administrators is deafening.

Since the school is an elementary school grades K – 4, student involvement probably can be ruled out.

If the student body is deemed to be culpable, and if the New England Equity Alliance report can be believed, there's a strong probability the two African American or the two Hispanic students enrolled at the school will be the prime suspects,

eliminating 469 Caucasian students from the suspect list.

Since the school term had hardly started when the deficit was discovered, the cause couldn’t possibly be from over-staffing.

The money could have been missing during the last fiscal year, and the deficit mistakenly carried over as a surplus.

If the money was lost during the last term, the crook may have absconded with more than $400,000 (the $250,000 surplus and $150,000 from this year).

In 1996 School Superintendent Davidian hired 34 more employees than the School Committee scheduled.

Since half the fiscal year had lapsed when the School Committee learned that,

unless it imposed draconian spending cuts,

the school budget would be $1.6 million in the red by the end of the term.

After the Deputy Commissioner of Education, Dave Driscoll,

now the Commissioner of Education,

learned of the potential deficit,

he tapped the Foundation Budget Reserve Account,

set up by the legislature to finance school deficits,

and shipped the $1.6 million to Barnstable,

through then State Representative, John Klim,

and the actual deficit was avoided.

Since the Department of Education has a special interest in charter schools,

the commissioner could be asked to reprize his 1997 action.

This is an election year, and the School Committee should soon have some answers about the lost money.

Only 5% of the school budget needs to be scanned which means the bugaboo should have been discovered in

two days,

not two weeks.

Maybe some of our readers can help find the lost money, so I've posted the school's F/Y08 budget.

Principal		109,816
Secretary		31,072
Bookkeeper		51,397
Technology Asst		52,745
Tech Asst		18,300
Art Teacher		83,636
SPED Teacher		188,110
Music Teacher		52,951
Prevention Specialist		41,880
Reading Specialist		66,974
School Assistant		35,396
SPED Teaching Asst		81,120
FL Assistant		7,691
Library Assistant		18,300
Enrichment Teacher		69,651
Elementary Teachers		1,103,599
Kindy Teacher		161,450
Kindergarten TA		25,007
Guidance		67,801
PE/Health		82,401
Nurse		46,486
Teacher Assistants		41,384
Custodian Head		41,413
Custodians		70,720
Custodial Overtime		2,000
Substitutes		15,000
Longevity		31,200
Medicare		33,828
Health Insurance		203,728
Sick Leave Buyback		5,000
Total		2,840,177

Symptoms of an unhealthy school district abound in Barnstable…

This November election will feature a new player in the Barnstable School Committee race.

The new candidate isn’t Tommy MacDonald, because he’s been at the heart of the district’s problems having retired as school's superintendent a year ago.

MacDonald, a major player in the school district's ailments now wants to be part of the solution by playing musical chairs with his former 82-year old mentor, Peg Dandridge.

The “new” candidate isn’t really new to the school committee having served for sixteen years on the committee, during the district's volatile growth period, the mid-eighties to late nineties.

Dolby was Chairman of the School Committee when enrollment skyrocketed from 3,500 to 7,200 necessitating the construction of two new schools, and a massive reconstruction of the Hyannis Middle, and Barnstable High schools.

Since the current school committee has been in place, enrollment has taken a 25% nose dive to 5,500.

What are the symptoms of the district’s ailments?

The first and foremost symptom is racial and ethnic discrimination, and bullying that resulted in complaints filed with the United States Department of Education.

Once the allegations were affirmed, the U.S.D.O.E. ordered the Equity Alliance at Brown University to investigate and produce a finding.

That report which was fully published on this site last month chronicling the discrimination involving Blacks and Brazilians, as well as bullying in general throughout the district..

The NEEA found that the school district is in reality three autonomous districts, all lacking a uniform discipline policy.

The NEEA recommended a standard district-wide bullying policy where all adult employees from school bus drivers, intervention specialists, janitors, teachers, and administrators, handled hate problems alike.

The NEEA likened the district to mom and dad’s differing discipline policies, where children joust for the more liberal parent.

The NEEA also determined the base causes of discrimination are the virtually all white and all minority elementary schools, including the MM Horace Mann Elementary Charter School,

and the abrupt assimilation of all students at the 5th and 6th Grade Horace Mann Charter School.

Ten and eleven-year-old white children are suddenly confronted with Black and Brazilian students for the first time, and the minorities, who were the majority at Hyannis East and West Elementary Schools, suddenly find themselves in the minority.

The NEEA noted the social behavior problems begin in the 5th Grade School, and progressively get worse in the middle and high schools.

Other issues identified in the NEEA report were the impacts from higher than normal

Out of School Suspension Rate that is 62% greater than the state’s rate

(9.5% - 5.8%),

and the district’s Drop-Out Rate

which is also 62% greater than the state Drop Out Rate

(5.2% - 3.3%).

The NEEA correctly pointed out the two anomalies are linked. 

The overuse of Out of School Suspension policy causes children to believe they are failures destined not to graduate, ergo quit school.

Barnstable’s 10th grade MCAS failure rate is greater than the state average,

and the district’s 10th grade English MCAS score is tied with the state average.

The 5th and 6th Grade Horace Mann Charter Public School was just placed on both the U.S. and state DOE’s failing lists.

The K – 4 Marstons Mills Horace Mann Public School is in a deficit, 

and since the school is independent and autonomous, the town’s Financial Director can't participate in a financial audit.

Conversely the school commissioned its own audit, which means school adminstrators who are reponsible for the misfeasance, will disseminate the audit results.

The two Horace Mann Charter schools were created by the current school committee and Tommy MacDonald without the benefit of community involvement.

Andre Ravenele, the former Superintendent of Schools, was fired with a year remaining on his contract because he objected to the Horace Mann Charter School philosophy..

The current School Committee and Tommy MacDonald never offered an explanation how the Horace Mann Charter Schools benefits students.

In 1993 the legislature and Governor enacted Education Reform that

stripped local school committees of all powers in the process inventing "SITE-BASED MANAGEMENT.

School Committees set the school budget,

and hired the School Superintendent.

“Site-based management was created ten years before the current school committee and MacDonald came up with their own version.”

Since 1993 school principals have hired their own teachers as acted as masters of their schools except for budgets.

The current School Committee and Tommy MacDonald never offered a public explanation why handing over the purse strings and complete control of two schools to a handful of appointed individuals, not accountable to anyone in the community, including the school committee, is best for children..

COG believes, since the Finance Director is precluded from participation in the audit of the deficit, the Barnstable Town Council/Town Manager should ask the State Auditor to audit the school’s books.

With the two charter schools, the current School Committee is only responsible for the education of 73% of the district's enrollment,

as the education of the remaining 27% is controlled by adminstrators of the two Horace Mann Charter Schools.

The negative factors in the Barnstable School District, if present in most other school districts in the state, would be addressed through community involvement.

A good example of community problem solving is the Dennis/Yarmouth School District citizen committee that just halved its Drop Out and Out of School Suspension rates.

To my knowledge the only Barnstable School District community committee in the last four years was the Superintendent Search Committee.

The current School Committee plus Tommy MacDonald eschewed the advice of scores of talented experienced school administrators, business executives, and others to serve on problem-solving committees..

The current school committee and Tommy MacDonald exhibited their nastiness by closing ranks to keep an outsider from serving on the committee.

MacDonald, et al, itossed fellow school committee member, Peggy Dandridge, under the bus when School Committee Chairman, Ralph Cahoon collected the signatures for Tommy MacDonald's nomination papers because he believed long-term school committeeman, Tom Dolby would defeat one of the three incumbent school committee people up for reelection.

This is the year of reform in Barnstable government, and hopefully voters won't forget the School Committee.