The enema within; Janet Joakim, John Klimm, and Paul Niedzwieki, latter day racketeers...

Definition of racketeering; A person or persons who commit crimes such as extortion, loansharking, bribery, and obstruction of justice in furtherance of illegal and legal business activities.

The town's next RICO Act lawsuit will dissect the Blanchard's Liquor Store's discretionary DRI referral to the Cape Cod Commission.

Clearly the Cape Cod Commission acted beyond its statutory limits when it accepted John Klimm and Janet Joakim's "dime-drop" of Blanchard's request to move to property the company acquired two years ago.

The move cleared all local permitting agencies, including the Barnstable Zoning Board of Appeals (ZBA).

As a last resort after clearing all Barnstable regulatory boards and commissions, the development was turned over to the Cape Cod Commission as a discretionary referral by Janet Joakim and John Klimm in a definitive display of vengeance and abuse of power.

By accepting Blanchard's as a discretionary DRI referral, the Cape Cod Commission ignored statutory limits of the Cape Cod Commission Act.

In 1989 the Massachusetts legislature enacted the Cape Cod Commission Act which not only created the Cape Cod Commission, but also delineated the four corners of its authority.

The Cape Cod Commission Act postulates;

"The standards and criteria for developments of regional impact shall be based on the following factors:"

(1)the impact of the development on the environment and natural resources, including but not limited to air, ground and surface water supply and quality; ecological, coastal, historical, cultural, architectural, archaeological, and recreational resources; endangered species habitats, open space, agriculture and aquaculture;

(2)the impact of the development on existing capital facilities, including but not limited to transportation and infrastructure, sewage, waste disposal, water supply, fair affordable housing, and meaningful employment;

(3)the physical size of the development and the site to be developed;

(4)the amount of pedestrian and vehicular traffic which the development would produce;

(5)the anticipated number of new residents or employees generated by development;

(6)the location of the development near a waterway, public land or municipal boundary;

(7)the extent of waste disposal, water supply, sewage treatment, parking, tourist services and public education facilities required for the development;

(8)the importance of the development to economic development in the region;

(9)the effect of the development on resources of the surrounding municipalities;

(10)other factors of regional concern as they may arise.

Clearly the legislature’s intent was to provide control and mitigation of developments in one town that negatively impact surrounding communities.

The Cape Cod Commission is a regional agency.

The Act does provide for discretionary referrals for developments within a community that do not exceed one of the specific thresholds in the interim standards and criteria set forth in the list published above.

The Cape Cod Commission Act postulates:

"A development may be referred to the commission by a municipal agency, in the municipality where the development is located, or by the county commissioners or by the board of selectmen in any other municipality provided that the commission accepts the referral as a development which may have regional impacts and which presents one or more of the concerns listed."

1. The new Blanchard’s proposed location is in the center of Barnstable well insulated from impacting Yarmouth, Sandwich, or Mashpee, the towns that abut Barnstable, ergo presents no regional impact.
2. Blanchard’s impacts to the environment were fully divulged to Site Plan Review, the Planning Board, Growth Management, and the Zoning Board of Appeals, and none exceeded Commission thresholds that would trigger a DRI,
   
3. ergo Blanchard's is not eligible as a discretionary referral because
   
4. none of the impacts exceed the conditions listed.

The Act gives the Commission broad powers on broad issues and broad areas such as areas of critical development planning concern (DCPC), like the Craigville Beach area from Long Beach Ave, from South Main Street, to the Avenues that was accepted as a DCPC, but not isolated small projects such as Blanchard's.

The Commission is responsible for the establishment of local comprehensive plans for all 15 Cape communities.

Section 3 of the Cape Cod Commission Act ;

There is hereby created the Cape Cod commission which shall be the regional planning and land use commission for Cape Cod and shall have the responsibilities, duties, and powers established herein in Barnstable county.

The commission shall be the regional planning agency for Cape Cod in accordance with applicable laws and regulations as provided in this act.

The commission shall be an agency within the structure of Barnstable county government pursuant to this act, and shall operate in accordance with Barnstable county administrative and budgetary procedures and in accordance with the provisions of section eighteen.

(1)to assist local governments in developing local comprehensive plans and, when requested, to assist local governments in carrying out their local planning and regulatory responsibilities;

(2)to review and comment upon local comprehensive plans;

(3)to sue and be sued;

(4)to make use of alternate dispute resolution mechanisms such as negotiation, mediation or arbitration;

(5)to retain, employ and remove employees, consultants, agents and attorneys, consistent with Barnstable county administrative, personnel and budgetary procedures, subject to Barnstable County's compliance with the affirmative action requirements set forth in Chapter 151B of the General Laws, as needed to carry out its responsibilities under this act;

(6)to apply for and receive state, federal and private grants and loans and to expend such funds with the approval of the county commissioners;

(7)to hold public hearings;

(8)to appoint hearing officers and, where it deems appropriate, to delegate to such hearing officers the responsibility to hold public hearings under this act and to assemble and report the record for decision by the commission or its designee and recommend decisions to the commission or its designee; however, any applicant or party aggrieved, following a hearing by a hearing officer, shall have the right to a public hearing before the commission in accordance with the provisions of Section Five (H) of this Act.

(9)to enter into contracts with the approval of the county commissioners;

(10)to recommend to state agencies appropriate regulations for consistency with the regional policy plan;

(11)to promulgate and amend rules and regulations as appropriate to carry out its responsibilities under this act;

(12)to appoint advisory boards, commissions, subcommittees and panels as it deems appropriate to carry out its responsibilities under this act;

(13)to recommend public acquisition of specified land areas for preservation or recreational purposes;

(14)to make use of the services of federal, state, county and local employees as may be available to the commission to carry out its responsibilities under this act;

(15)to coordinate its regulatory functions with local, state and federal authorities and, where possible and appropriate, to conduct joint hearings with those authorities;

(16)to acquire funds as described in section eighteen and to manage such funds;

(17)to make grants with the approval of the county commissioners and provide technical assistance to municipalities for use in local planning activities;

(18)to assist municipalities in the study of local land use concerns;

(19)to adopt plans, maps and studies as appropriate to carry out its responsibilities under this act;

(20)to negotiate and enter into development agreements as described in section fourteen;

(21)to conduct public education;

(22)to conduct an annual public conference on land use on Cape Cod and to invite to such conference any private, local, state or federal governmental representatives it deems appropriate;

(23)to produce an annual report which will be included in the annual Barnstable county report;

(24)to require impact fees from persons in accordance with section fifteen;

(25)to utilize land-use management tools lawful under the Constitutions of the United States and Commonwealth of Massachusetts and under the General Laws;

(26)to reimburse commission members for reasonable expenses incurred in connection with their service on the commission consistently with Barnstable county administrative and budgetary procedures;

(27)to establish a process and procedures for siting and developing capital facilities and developments of regional impact which are necessary to ensure balanced growth.

The Commission was also given the task of setting regional goals for the provision of fair, affordable housing, job creation, waste disposal, open space, recreation, coastal resources, capital facilities, economic development, historic preservation, and any other goals deemed appropriate and important by the commission.

The Blanchard’s Liquor Store project does not exceed, conflict, or remotely measure up to any the Cape Cod Commission Act's covenants, except traffic. 

True there will be automobile and small truck traffic, but the level is well below MEPA and DRI thresholds.

Both the nearby 1,400-student Hyannis Middle School, and Centerville CVS store generate four to five times more vehicle traffic than Blanchards.

The Hyannis Middle School alone generates more left turn in and left turn out trips per day than the total daily traffic anticipated at Blanchards.

Last night the town council approved a zoning amendment to accomodate a drive-thru bank on the property abutting Blanchard's site.

The bank is closer to the intersection of Strawberry Hill and Route 28, and will generate twice as many vehicle trips per day than the Blanchard's project.

The Cape Cod Commission purports to align itself with the Massachusetts Environmental Policy Act (MEPA) thresholds for the filing of Environmental Notification Forms (ENF).

Blanchard’s project failed to exceed any and all MEPA thresholds.

The Cape Cod Commission defines itself;

ü The Commission's regulatory powers are well defined and generally limited to reviews of large-scale developments, known as "Developments of Regional Impact" (DRIs), throughout Cape Cod (all 15 towns of Barnstable County). The Commission's authority supplements local authority. Towns refer projects to the Commission for DRI review as

(1) mandatory referrals, which are required for any project exceeding specific thresholds, and

(2) discretionary referrals, which towns use at their option to seek Commission consideration of specific project-related impacts.

(3)At the option of applicants, joint state/regional reviews are conducted for projects going through the Massachusetts Environmental Policy Act (MEPA) process.

The Commission's regulatory powers are well defined and generally limited to reviews of large-scale developments, known as "Developments of Regional Impact" (DRIs), throughout Cape Cod (all 15 towns of Barnstable County).

At the option of applicants, joint state/regional reviews are conducted for projects going through the Massachusetts Environmental Policy Act (MEPA) process.

The Commission’s own bi-laws require local permitting agencies to suspend all hearings pending the completion of the DRI.

Blanchard’s went through local permitting boards, without incident, including the Zoning Board of Appeals to which the Building Inspector answers.

Town Manager, John Klimm, and Town Council President, Janet Joakim, tacitly waived their discretionary DRI referral powers when they didn't refer the Blanchard’s project as a discretionary DRI referral prior to or during local permitting agency hearings.  

Cape Cod Commission DRI after all local permitting agencies reviewed the project is double jeopardy.

How much more mitigation can the Cape-wide agency impose on the project, than those of ZBA, Site Plan Review, and Licensing Board?

The Cape Cod Commission sub-committee is made up of members from Falmouth, Truro, and Bourne, etc. most of whom couldn't find the place with a GPS locator.

On March 25, 2008 Janet Joakim authored a letter to the ZBA citing traffic objections to Blanchard's, sending a carbon copy to John Klimm.

If she and Klimm deemed the project sufficient in size to warrant a discretionary DRI referral, they should have done it in March prior to the ZBA hearing.

Joakim and Klimm's joint act referring Blanchards to the Cape Cod Commission is plain old dirty politics and vengeance.

Paul Niedzwieki, the former assistant town manager, a former employee who answered directly to John Klimm, and indirectly to Janet Joakim, is now Cape Cod Commission Director.

Niedzwieki ‘s orchestration of the acceptance of Klimm and Joakim’s discretionary DRI referral, is outside the four corners of the Cape Cod Commission Act.

Joakim and Klimm are operating a legal protection racket, and Paul Niedzwieki is their enforcer "leg breaker."

Janet Joakim's recall is in reality the catharsis to flush away the nasty crap attached to the bowels of 367 Main Street.

Next week when her recall is officially in progress, we'll see what other bad stuff is flushed along with her. 

How do I really feel about the Cape Cod Commission?

After Joakim's recall petitions are submitted, I plan to pull a citizen's referendum petition calling for a special election wherein the voters will be asked to decide whether Barnstable asks to get out of the Cape Cod Commission.

I'll be collecting signatures, along with other volunteers, at the post offices in town.

Hopefully we'll have enough signatures to force an election that will coincide with Yarmouth's election to opt out of the Cape Cod Commission.

I did it before (1994), and I can do it again.

Timing is everything.  In 1994 the Cape Cod Commission was in its infancy, and made 120 substantive changes before election day.

Today money is tight, the Commission is 20 years old, there's very little land to develop, and the town could use the $500,000 a year it sends to finance the Cape Cod Commission.

This time the towns of Bourne, Sandwich, Yarmouth, and Provincetown are set to join Barnstable in getting away from the extortion racket gangsters.

 

Comments

[John Julius]

Gary, like I said, it is all abuse of POWER, from town officials. In my opinion the owner of Blanchard's has a slamdunk LAWSUIT against Janet Joakm personally AND in her capacity as the council president. He also has recourse for legal action against John Klimm both personally AND AS TOWN MANAGER. He also has legal recourse, I assume, against the entire legal department as well. After all, these incompetent idiots ALLOWED the abuse of power to occur.....

Judging from all the FACTS that we are aware of, anyone with even HALF a brain knows that this was nothing but a disgusting ABUSE of power from John Klimm and Janet Joakim..... The owner of Blanchard's will have a field day with a suit against these morons....

After all, Janet DID help get one of her RELATIVES get appointed to the zoning Board. And after all, Janet also DID help the MASS resignation of the zoning Board..... and it also appears that Janet and others 'helped' this to be pushed over to the Cape Cod Commission.

I foresee the owner of Blanchard's SUING the living crap out of these abusive MORONS and I hope they get what they deserve! And I suspect they will.

So to Janet, John klimm, Ruth Weil and the other ASSWIPES involved in this gross display of ABUSE of POWER, good luck. Go hire yourselves a VERY GOOD TEAM of lawyers because you are going to need it!

Oh, and Janet, sorry but Judge Connon won't be hearing any more cases involving the Town..... Sorry...............

[John Julius]

So to our Head Town Attorney Ruth Weil:

Ruth, READ this, please. Ruth, YOU are the HEAD town attorney here. And you found this okay to allow this abuse to go on? YOU and the other so called TOWN ATTORNEY'S allowed this to go on? Ruth, this is pure common sense! Ruth, WHY didn't YOU send this to the CCC way back when? Ruth? Ruthie, we can't hear you.... Ruth? Hello? Anyone home?

Ruth, for a supposed Head Town Attorney, you have NO CLUE.... furthermore, YOU allowed this to go on. Thus, Ruth, in my opinion, YOU are not only a participant but an accessory as well. Ruth, the Barnstable TAXPAYERS pay you a very handsome salary, and for this we EXPECT YOU and the other OVERPAID HACKS in the town's legal department to HELP US and PROTECT us... Obviously you did not....

So Ruth, if someone takes legal action against the town, in MY opinion, YOU are the one most responsible! And if they sue you personally it is no one's fault except your own. YOU were the one who allowed this.

[John Julius]

Gary, amen to getting out of the Cape Cod Commission... By now everyone knows that putting Paul Neidzweicki was the biggest bag job on the planet... Paul is nothing more than John Klimm's HACK former assistant manager... Paul has never had a 'real job' and he is about as qualified to run the CCC as I am to be the President of the USA........ Paul Neidzweicki is supposedly a law grad although one would never know it... As far as I am concerned, Paul isn't worth 10 cents.... Sorry Paul but the truth is the truth....

I went to the ceremony when they chose paul and I told the County Commissioners when they hired Paul that I thought he was a BAG JOB, and he was! I was right in Lance Lambros's face and told him that I thought their choice of Paul Neidzweicki was a JOKE, and it was!

This toewn is FULL OF HACKS all over the place. John Klimm is a HACK. So is his new assistant Tom Lynch. And the school supreintendant Patricia grenier is a HACK who makes $ 180,000 a year, and FOR WHAT? Ruth Weil is a HACK. So are the other two Town Lawyers who don't do a damn thing. The "Growth Management Dep't" is full of more HACKS. The School Dep't has ITS OWN FULL TIME HIGHLY PAID ATTORNEY, Bill Butler, who is another HACK...

and WHO pays for all these hacks? The taxpayers. We have THREE FULL TIME LAWYERS in the Legal Dep't and yet we get stuck PAYING the more WASTE of another $ million or so annually on OUTSIDE LAW FIRMS! It is putrid.....

And THIS is why COG exists. For anyone new, COG stands for

CITIZENS

FOR

OPEN GOVERNMENT.

Town hall does not like us, but who cares? This is OUR MONEY! Watch the morons on the council one Thursday night and see the circus! Lindsey Counsell is the HEAD of the Community Preservation Committee.... He could care LESS HOW MUCH MONEY HE WASTES! Last night the morons on the council voted unanamously to WASTE $ 750K for basically LESS than 3/4 of an acre for the old run down Suni Sands Motel on Craigville BEach Road.... Think Lindsey Counsell CARES ONE DAMN BIT that they are paying WAY TOO MUCH for this RIPOFF? Think Lindsey would care IF that was HIS money?!

Folks, the Community Preservation Act was like the land bank--- nothing but a RIPOFF and run by, you guessed it, MORE HACKS. Lindsey is another of the MAJOR league HACKS. Lindsey, enjoy your time because when that hack job dries up, you will never survive in the real world.....

It is time to get rid of these hacks before we all go bankrupt!

[The Oracle]

The quietness from Blanchards tells everything you need to know. Hammer time coming for the RICO gang of 3 and possibly 4.

[as long as I don't have to be her nurse...]

Town Hall isn't going to like you. Ever! What are you going to do? Have a cry about it? Scream victimhood?

Janet Joakim needs to understand that Gary Lopez intends to deliberately outlive her sorry ass for the purpose of bringing her wilted flowers at her hospital room and whisper into her dying ear that he got the split-tax passed and he's paying lower taxes.

So much for the No Place for Hate Community!

[sayonara, it's more lucrative to take what's mine and go!]

Last post for the night, folks. I'm taking Janet on the resignation. You position for the recall.

Either way, it's goodnight Joakim.

Word in Barnstable Village is that Paul N. hates his job and is already looking around for something else.