In Barnstable the three biggest lies are; [1] I’ll honor the wishes of my constituents on the split tax. [2] I’m from town hall, and I’m here to help you. [3] You can believe everything with the town manager's name on it..

Mark Milne, the town’s $130,000 Finance Director, responded to John Julius’s public document law request for the list of the town's expenditures on outside law firms in F/Y 07 and F/Y 08.

I’m going to lay my cards on the table right up front by telling you I’ve been doing some research on the efficacy of municipal in-house lawyers vs. contractor law firms specializing in municipal law such as Koppleman and Paige.

I should have my work completed early next week, but right now I can tell you that communities the size of Barnstable typically don’t hire in-house lawyers.

Fall River, for example, is twice the size of Barnstable, yet employs 4 part time lawyers (interns) on a budget of less than $100,000.

Next week I’ll write an argument for not funding Barnstable’s legal department.

Barnstable’s legal department comes with a price tag in excess of $600,000 in salary and benefits for three lawyers, a paralegal, and a secretary, but that’s only the tip of the iceberg.

In F/Y07 Mark Milne said he wrote $500,000 in checks to outside law firms increasing the lawyer tab to $1.1 million, not including damage awards.

Milne's report is a flat-ass lie, and I’m going to prove it.

Milne reported checks totaling $23 282.52 in F/Y 08 to Anderson-Kreiger for “specialized airport representation.”

Anderson-Kreiger is Bruce Gilmore, Doc Mosby, Fred Sanchez, Larry Wheatley, and Michael Dunning’s law firm that is defending the quintet in the First U.S. District Court in Boston against monopoly and RICO Act (racketeering) charges.

The Rectrix lawsuit was filed on July 20th, 2006, which was three weeks after the beginning of F/Y07

From July 20th, 2006 to June 26, 2007 (Fiscal year 2007) Anderson-Kreiger filed 43 separate documents, and made 30 appearances before Judge Stearns.

Most of the filings were long, and required significant preparation time, including the initial answer to Rectrix’s lengthy complaint.

The dates of the court appearances in F/Y07 were:

7/20/2006, 7/28/2006, 8/2/2006, 8/10/2006, 8/23/2006, 8/28/2006, 9/6/2006, 9/8/2006, 9/11/2006, 9/18/2006, 10/13/2006, 10/16/2006, 10/20/2006, 10/24/2006,, 11/7/2006, 11/10/2006, 11/13/2006,, 12/19/2006, 12/21/2006, 12/22/2006, 1/5/2007, 1/8/2007, 1/18/2007, 2/9/2007, 2/15/2007, 2/28/2007, 3/5/2007, 3/9/2007, 6/26/2007

In F/Y08 which began on July 1, 2007 and ended on June 30, 2008, Anderson-Kreiger produced 33 additional filings and made 24 court appearances.

In the F/Y2007 and F/Y2008 Anderson-Kreiger filed 80 documents and made 47 court appearances yet Milne purports to have paid the law firm less than $37,000.

Anderson-Kreiger had court dates on the following days in F/Y08;

7/27/2007, 8/20/2007, 8/22/2007. 8/27/2007. 8/27/2007. 9/10/2007, 9/12/2007, 9/18/2007, 9/24/2007, 10/30/2007, 11/16/2007, 11/19/2007, 11/21/2007, 11/26/2007, 11/26/2007, 11/30/2007, 1/9/2008, 1/15/2008, 2/11/2008, 2/15/2008, 4/7/2008, 4/10/2008, 6/19/2008, 6/24/2008, 8/4/2008, 8/8/2008

Posted below is the top section of Milne's report to Julius, and Anderson Kreiger is the first entry.

Even if the town has a major balance at Anderson-Kreiger, how does Milne explain this;

In June of 2005 (the beginning of F/Y2006) the town acquired the Connecticut water company at a ridiculously high price ($10 million) despite the fact it’s true value was known by the Massachusetts Department of Telecommunication and Energy (DET) that monitored every profit and loss and Balance sheet from 1911 – 2006.

The Barnstable Water Company franchise, awarded to the Wadsworth family in 1911 by the Massachusetts General Court, had a caveat that anytime the town wanted to acquire the company it could do so, at “cost,” which is why the DTE monitored the books each year.

The DTE’s value in 2005, including the 109 acres in Cummaquid owned by the BARLACO, Corporation, a subsidiary of the Barnstable Water Company, was in the $4 - $5 million range according to DET records, which was subsequently verified by Water Services Superintendent, Phil Osborne.

Please note the snapshot of March 2005 town council agenda during which the $11 million was appropriated for the acquisition of the water company, then go back to Milne's report posted above, and note the Fiscal Year listing for $227,470.70 expenditure to pay for the "defense of the water company acquisition to Edwards, Angel, Palmer & Dodge.

The acquisition lawsuit, a ten-taxpayer action, was filed and completely acted on in mid-2005 or at the onset of F/Y06.

In 1911 the Wadsworth’s agreed to allow the DTE to establish the selling price in the event of a disagreement in the acquisition price.

Klimm’s agreement with Connecticut Water was;

to buy the water company for $10 million ($8 million overpriced), paid for by Hyannis water rate payers, and

$1 million for the 109-acre BARLACO land ($9,000 an acre) that was to be acquired with town funds in January, 2006 as open space.

We immediately filed a 10-taxpayer lawsuit to either stop the acquisition, or enable Hyannis water rate payers to retain the BARLACO property as an expandable asset to finance capital improvements.

We paid Attorney Paul Revere less than $5,000 to file the action in Barnstable Superior Cout which was decided in one hearing pursuant to a motion for summary judgment by the town.

At the hearing the town's motion for summary judgment was granted by Judge Connon.

Short and sweet, we lost !

Mark Milne claims the town’s legal fee in the water company acquisition law suit was

$227,470.70.

Palmer Dodge, the town’s attorney, couldn’t have had more than 15 hours of billable time.

If Mark Milne paid Palmer Dodge more than a quarter million dollars the company's billing rate was more $15,000 an hour.

The 10-taxpayers did not appeal Judge Connon’s decision so the attorney’s fees had to stop with the verdict.

If Milne, Weil, and Klimm "cook the books' at every turn, they must be terminated.

Fortunately for taxpayers the trio is made up of equal parts of stupidity and dishonesty. 

What else seems to be missing from Mark Milne's disclosure report? 

The town is defending itself in the United States Supreme Court. 

Obviously the case had to have wound its way from U.S.District Court, and Appellate Courts.  A law firm from Washington D.C. is defending the town at the Supreme Court. 

The Fitzgerald legal expenses are not listed in Milne's report.

Recently the Cape Cod Times reported the town of Barnstable lost two law suits against Cape Wind.

Milne reported no expenses for Cape Wind legal actions.

It's realistic to assume the Rectrix Law Suit defense costs for the five plaintiffs up this point is closer to $500,000.

Why did Milne grossly understate Anderson Kreiger's legal bill?

The town just lost its lawsuit defending Linda Hutchenrider for refusing to swear Greg Milne to the Charter Commission

Note the explanation "Defense of Milne vs Hutchenrider."

Milne's legal action was the only means he had to defend his election to the Charter Commission.

Hutchenrider refused to administer the oath of office to Milne for a panel to which he was duly elected.

Barnstable Superior Court Judge Kane concurred with Milne that Hutchenrider's action was wrong.

The town tab for that little fiasco was $15,000.

If Milne, Klimm, and Weil spent $500,000 with off-Cape lawyers, the least they can do write a check for $10,000 to Attorney Paul Revere who defended Milne in the town's filing for a summary judgment.

Comments

[John Julius]

Gary, thanks for posting this info... Yes, in my opinion, this is one hell of a big danm LIE! All of it..... I am sure MOST readers here KNOW that all the water compay business went on back in 2005 so how the hell did these numbers come from fiscal year 2007? And yes, what a SHAM and scam as far as I am concerned......

mark Milne and John Klimm actually EXPECT US TO BELIEVE that the water company suit cost 227,470.70??!! ARE THEY INSANE? Everyone knows that that lawsuit was nothing but a BAGJOB! Furthermore, there was ONLY ONE very short hearing in fron of Judge Connon.... we all remember him, right? Judge Connon HEARD THE CASE and never disclosed to ANYONE that his wife WORKED FOR THE DEFENDANT, the Town of Barnstable..... Ah, Judge Connon, ah, ah,,,, SMALL conflict there, your honor?

So Judge Connon heard one short bla blah blah from the Attorney's and then months later he tossed it out..... So in total, the lawyers spent less than 40 minutes actually in a courtroom! And the TAXXPAYERS here were RAPED for $ 227, 470??!!!!! \

Here... next week I am going BACK to see Mark Milne and JOHN KLIMM. I will RE-SUBMIT my request and give them BOTH one last chance. THEN we will ask the STATE AUDITOR JOE DINUCCI's office to come here and do a REAL AUDIT!!! I MIGHT just be standing in front of some post offices to get registered VOTERS signatures asking for this AUDIT!

So Mark Milne and Manager Klimm, you get one more LAST chance. And we want the TRUTH!

They actually EXPECT us to believe that in fiscal year 2007 303,495 was paid to Palmer & Dodge and the very next fiscal year they were only PAID, 318. 75????!! Yeah, RIGHT!!!

These guys are incredible, not to mention, in my opinion, LIARS! And sometimes good at it!

See you guys early Monday or Tuesday....

The problem with basing a town's entire legal policy and practice on the charismatic authority of one man becomes apparent when that man passes away. You can be left with the spectacle of his successor desparately trying to fill his hand-crafted shoes. Barnstable needs institutions, not personality cults.

If Bob Smith was Perry Mason, then Ruth Weil is Hamilton Burger.

From what I've read in the newspapers she's "0"fer a bunch.

[MORK FROM ORK]

Earth to James Moonafoo...

Earth to James Moonafoo...

The Barnstable Senior Center is in your precinct...

Repeat....The Barnstable Senior Center is in your precinct.....

You stupid bastard....the Senior Center is the building you stood out if front of in the rain last November when you got elected....Who knows, you might have gone inside and voted......

Get it? Elected in the Senior Center....maybe the building is in your precinct...

Repeat...Precinct voters typically vote within their precinct.....

Yesterday Moonafoo told Dorothy Hughes he'd be willing to help with the air conditioning and mildew at the Senior Center, but since the building isn't in his precinct, there's nothing he can do.

Moonafoo told Mrs. Hughes to call Tom Rugo.....

Earth to Moonafoo...Precinct 2 is on the opposite side of Route 28....Like across the street from the Hyannis Middle School....

That's okay Moonafoo...Watch the ball game....I sent Mrs. Hughes to Greg Milne....The Senior Center isn't in his precinct, but it's in the town, along with the seniors who visit....Get it the seniors who are freezing to death both in winter and summer live in TOWN...IN TOWN....NOT ORK...THEY LIVE IN THE TOWN OF BARNSTABLE...

Do you think Jim Munafo is aware that he earns his living as an air conditioning mechanic at a Brewster nursing home?

MunUFO must be thinking of the redistricting plan he's devised with Rugo to move Schwaab out of the Precinct.

[John Julius]

Jim MunUFO might be 'next' on the recall list..... Jimmy, understand? Jim, ANYONE is better than you, and I mean EVERYONE!

As for Dorothy Hughes, Dorothy, don't worry. Greg will get it done for you and if need be, Gary and i can help him.. But overall, Greg is the BEST and ONLY councilor who pays attention-- to anything!

Oh, and mr. Klimm, perhaps when I see you come Monday on my NEW FREEDOM OF INFORMATION REQUEST on the LIES from Mark Milne, I will speak to you PRESONALLY about getting the A/C fixed at the Senior Center, and John, if by chance I have a busy Monday and cannot get to town hall, please keep your cell on. I will call you on that as you never seem to return any of my calls to town hall... not sure why!

Does anyone know WHY Manager Klimm won't return my calls to his office. And I am NOT ALONE, trust me! Anyone NOT in JK's world is not worthy of return calls. That's okay though John... you'll be gone soon, and we'll all be the better for it!

Good day....and Mr. Munafo, go dig your Elect Jim Munafo signs out. You may need them soon......Or does Mike Daly's charter prohibit us from recalling the UFO? Jim which precinct are you in again? Jim? Hello, Jim, anyone home? Anyone home? Lights are on but I guess no one is home.

It might be tough to recall MunUFO. First, you'd have to figure out what planet he's on. Then, Ruth Weil would have to approve the language.

Do you think she knows Martian?

[John Julius]

Gary, seems that Janet, oops I mean Able Kane has disappeared from our radar screen.... think you might have worn her down! So Janet, come on... we know you are still here, reading. Perhaps you might want to comment on the LIES in Mark Milne's numbers here..... come on Janet, inquiring TAXPAYER MINDS want to know the truth.

Wasn't it John Kerry one time who said,"anyone know where I can get a hunting license around here"? Well Janet, we want to know at our town hall, "anyone know where we can find some truth around here"? In this rotten filthy town, slim chances....

So do log in here Able, ah, Janet. And let us know the 'president's version.... Funny how this woman accused us of wasting taxpayer money on the water company lawsuit and gee, LOOK at the major league WASTE these MORONS just cost us all! And Janet, really now, IF you were any kind of President and you had even HALF a brain, you could see that SOMEONE took our TAX DOLLARS to the cleaners..... and here, it's business as usual...

Janet, get together with the other 11 MORON councilors and GET RID of the entire legal department AND the Manager. And take Tom Lynch with John Klimm. No offense but Tom Lynch knows about as much about running any town as Donal Duck.... Sorry Tom but once a HCAK always a hack, and YOu and John Klimm are two of the biggest hacks anywhere.

Janet, we look forward to YOU going bye bye and do us all a favor and remove the Manager for his gross incompetence and WASTE!

Get rid of the entire legal department and we could eliminate the BUS and SPORTS fees in town and STILL have money left over! Janet, ah Able.... getting this?

[John Julius]

Yeah, and after Ruth Weil gets done playing around with the language, we can have one of the COUNTLESS OUTSIDE LAW FIRMS take the case.....

Hell, at this point, I might even go back to law school. Maybe I can get the account for Barnstable. After all, RIGHT NOW there are almost THIRTEEN HUNDRED OPEN PENDING LAWSUITS against this town! I said ONE THOUSAND and THREE HUNDRED cases! So SOMEONE stands to rake in a LOT of clams!

So again, BYE BYE to the entire Town Attorney's Office... they are the biggest WASTE of tax dollars in this town, along with John Klimm's "Growth Management Dep't." I bet anyone if we could get rid of the Legal Dep't AND GROWTH MANAGEMENT, we would save about $ 1.5 MIL a year, or damn close to that!

[Rennaisance Man]

Interesting post today. In light of impropriety and illegality reported on this recall effort, emphasis on legal talent and litigation should be helpful to COG.

Noting postings and comments on previous sites it appears that you simply do not know who I am?

[John Julius]

The recall will be all over shortly and Janet Joakim will be history. And NO ONE cares who you are. We could care less, and there are no improprieties or illegalities here. Janet can try all she wants. She is as stupid as Hillary was a few weeks back--- she does NOT GET IT!

Janet, you are DONE--- COOKED. FINISHED...... so get over it.... This just PROVES how stupid this woman is..... HOW MANY SIGNATURES in precinct six will get turned in? Ah,,,, ah, ah,,,, Janet, did you catch my letter in the Patriot? Abuse of power is the ONLY reason for ANYONE's RECALL, and like I said, IF the present charter allowed for a recall of the Manager, this would be a double whammy.....

Take two asprin Janet. It'll be all over come next Thursday. Have you written your resignation 'speech' yet? The only question left is: Will she cry or not? I can see it now. Well Janet, the poor INNOCENT MAN from Blanchard's ought to hire himself a good Attorney and take all of you idiots to the cleaners! ABUSE? Yeah, like I said, in MY opinion, I would say so!

Bye bye Janet, bye bye.

[Gary Lopez]

Impropriety and illegal are general terms.

Be specific. Name one illegal act in the recall.

Name one act of impropriety.

Janet sent a mass mailing with the same broad charges.

Folks are giving them to Taryn and others who are collecting signatures.

You may have the say in town hall, but we have the ear of the voters.

Roydon Richardson had his day.

[Able Kane]

One act of impropriety?!

How about falsely accusing Janet of purging the ZBA

How about falsely accusing Janet of causing the ZBA resignations.

Taryn cannot actually circulate the petition since she resides in Precinct 10.

Maybe Roy Richardson has had his day but so have you

Joakim had everything to do with the ZBA resignations.

The ZBA resigned because of interference from Joakim.

Barton resigned from the Appointments Committee because of Joakim.

Only Joakim and Rugo from the council testified before the ZBA in the Blanchard's permit.

Only Joakim from the council went to the Cape Cod Commission to refer Blanchard's as a discretionary referral.

Joakim wrote a letter on town stationary to each of the ZBA members asking them to reject Blanchard's request.

Joakim is a cousin-in-law of Silas Atsalis who is married to Pendergast's daughter.

Joakim never referred Cape Cod Package Store to the Cape Cod Commission even though the same traffic problems, and more so, exist at the corner of Route 28 and Pitchers Way.

Read the ZBA statement when all members resigned.

The town has no ZBA.

It will take years to get a ZBA anywhere near qualified as those who resigned.

Why don't you put Roy Richardson on the ZBA?

I may be over the hill, but I managed to put Joakim where she belongs; obscurity.

you did?

I should have said, "I helped orchestrate the recall effort that will put Janet Joakim where she belongs; obscurity

After she's recalled the only time she'll set foot in town hall is to renew her dog license (the one she wears around her neck)

[*]

Joakim just posted some crap about the recall. You are right, Gary. She is incapable of admitting fault for anything!

How do you suppose she will explain away that letter she wrote to the ZBA on town council stationery pressuring them to kill the Blanchard's project?