COG’s last post….

I was discussing this with a Hyannis East parent yesterday, and she thought it was important enough to be published.

The school's transportation budget increased by $450,000 last year increase per student transportation to $1,286.

There are 64 square miles in Barnstable which means there is an average of 86 students per square mile.

All of the kids at Hyannis East live within one square mile of the school which means the density per student is 276 students per square mile, or 320% more than the rest of the districtl

Closing Hyannis East means virtually all of the kids (those eligible for free or reduced lunch) will be eligible for free transportation increasing the Transportation budget 11%, and reduce the net savings from the school's closure to $300,000.

Yesterday's Patriot Star reported the total savings from school closings will be only $3 million, or half the shortfall.

Grenier's plan is like shoveling shit against the tide.

Ed Tynan and Tom Michael are available.  Tom Michael was superintendent of the Burlington School District when the district underwent a radical loss in enrollment in the mid-seventies.

Tom arrainged to lease the closed schools to Northeastern University, and thankfully so, as enrollment reversed itself within ten years saving the town hundreds of millions of dollars in costs of constructing new schools.

Why not hire both experienced superintendents to figure out this mess; both are former Barnstable school superintendents, and been there and done that.

Grenier came from Carver that has an enrollment of 2,000. 

She obviously can't handle the cuts.

 
CLICK ON LINK BELOW;

http://thedogpaddler.com/RandomUploads/Ball/ball.htm

Last night Attorney Bruce Gilmore, a contract lawyer for the town of Barnstable and the Airport Commission, came to the dais during the town council hearing with the Capetown Plaza, AKA the Kmart Mall, lease executed in 1968,

and a line of bull shit a mile long.

He said the Kmart Mall lease was for a 40-year term with a sixteen year option that was signed by the Airport Commission in 2004.

He also said that at that time, because of a Faustian Minimum Standard Contract signed in 1988, that enabled the airport to receive $15 million in FAA grants, revenues generated from the mall from here to eternity will have to be credited to the airport.

The lease prescribed the annual lease payment levels throughout the term of the lease that range from $7,500 to $70,000.

The 40-year lease expired on May 31, 2008, but Gilmore and the Airport Commission, at the request of the lessee, Cape Harbor Associates of Hastings, Minnesota, signed a twenty-year lease extension in 2004 at the ridiculously low annual lease rate of $60,000.

Gilmore said he had no choice but to trade the orchard for an apple because the lease agreement told him so.

The going rate in 2004 for raw land leases in prime retail areas was $3.00 per square foot, but Gilmore and the airport commission rolled over like little puppy dogs and signed the 20-year extension for five cents per square foot.

The property, Map and Parcel 311-092 is directly across the street from the Cape Cod Mall, the most prime commercial property in town encompassing 25.88 acres.

There are 43,250 square feet in an acre.

25.88 X 43,250 = 1,119,310 X $3.00 = $3,357,930

The real annual value of the lease in 2004 was $3.4 million.

Gilmore said he and the Airport Commission signed the twenty-year extension for $60,000, leaving $65,958,600 on the table based on the raw land lease.

Gilmore and the Airport Commission’s other option was to wait four years to let the lease expire whereupon the airport would become the landlord.

Prime retail space leases between

$30 and $40 per square foot,

 and the property has 250,000 square feet of retail space

grossing the lessee $7,500,000 - $10,000,000 in lease revenue each year. 

CLICK ON IMAGES TO ENLARGE



 

Both Gilmore, as the Airport Commission’s attorney, and the Airport Commission, had a fiduciary responsibility to Barnstable taxpayers.

In 2004 the options were;

1) Extend the lease 20 years for a total yield of $1,200,000

2) Wait four years for the lease to expire, refuse to extend the lease, then go to court to get a yield of $160,000,000.

Gilmore said the contract was for 56 years which means it would expire in 2024.

If that was the case

why sign a contract extension in 2004?

Gilmore also said the contract expired on May 31, 2008,

but had an option for 16 more years.

So what's the real deal Brucie Boy?

Wouldn't it have been in our best interests to let the contract expire in 2008, and take our chances on winning the $200 million by suing the bastards?

I’m not a lawyer, but when I was in college I was required to take business law, and as I recall a contract must be equitable to both parties.

Barnstable taxpayers are one of the parties,

and their end of the extension is $60,000 over a 20 year period

or $1.2 million.

Cape Harbor Associates is the second party, and its end of the deal is

$200 million ($10 million per year for the 20 year extension term).

If I was a judge, and the issue was brought to court, I would say the contract extension lacked good and valid consideration, was grossly inequitable and onerous.

Again if I was a judge, I would rule the lease term is

in violation of MGL Chapter 90, Section 51 f that prohibits airport commissions from leasing property under its control for periods longer than 20 years.

and Chapter 30 b that limits municipal leases to 30 years.

If I was a judge, I would rule the airport, as an enterprise fund, is governed by MGL Chapter 44 Section 53f ½ which prohibits the enterprise fund from accepting lease revenue from properties

not acquired by an enterprise fund,

nor under the direct control of an of an enterprise fund,

The Kmart mall was acquired by the town of Barnstable forty years before Chapter 44, Section 53 ½ f was enacted,

and is not under the direct control of the airport,

ergo lease revenue must be credited to the town's General Fund.

Is Bruce Gilmore ready to give up the Airport's enterprise fund status?

It seems to me that the airport commission has not choice but to give up one or the other.

If the airport wants to keep the Kmart Mall lease revenue, and gives up its enterprise fund status, the airport will come under the control of the town manager, who can then just take the lease money.

If I was a judge I would rule the contract extension was not only prohibited by law, but also contrary to public policy

ergo void.

If I was a judge and ruled according to MGL Ch. 44, Section 53 ½ f, I would rule the contract extension signed in 2004 was invalid because it was not signed by the party bound; the Town Manager.

If I was Attorney Gilmore representing the town on the Kmart Mall,

I would have let the lease expire,

and let the lessee sue,

because as I see it an option is optional

which means both parties must agree.

Come on stupid Cape Harbor is grossing $10 million every year.

If Gilmore leaned on them on the lease extension, the company would have upped its ante to $3 million a year.

People in the real world would gladly take a sure $7 million every year, than risk the full $10 million.

What’s the worst that could happen if Gilmore waited until May 31, 2008 when the 40 year lease expired and told Cape Harbor to go shit in its hat on the 16 year extension?

If the town was forced to buy out the value of the contract it would have to pay $1,200,000,

which is chump change compared to $200,000,000.

If I was a judge, I would rule that recent construction/demolition of the Hoyt Cinima/Filenes Furniture and Registry of Motor Vehicles/Tweeters/Bernie and Phil’s were material changes,

ergo necessitating a contract change.

Gilmore’s advice to the airport commission to just roll-over and extend the contract without so much as a whimper is gross misfeasance. 

Gilmore's performance last night made wonder who he was representing, the town, or Cape Harbor Associates.

Councilor Crocker and Farnham’s responses to Gilmore gave me the impression they are Cape Harbor Associates’ agents.

Rugo showed me that he hasn’t the foggiest about law, and he’s a lawyer. 

We're talking about $200 million, not $2, and the town is snookered behind the eight ball.

I can't fight for the people by myself.

I'm a dinosaur from the fifties when everything was clearly defined, and life was much simpler.

We knew who our enemies were and we stood up for ourselves.

We all had a little John Wayne in us.

If my dad left me the Kmart Mall property and lease, I would have marked an X on every day on 40 calendars from May 30, 1968 to May 31, 2008.

And before the lease was over I'd have hired Kasowitz, Benson, Torres & Friedman LLP, Rectrix's lawyers to invalidate the lease extension.

I damn sure wouldn't roll over with my tail between my legs like Gilmore.

But Generation X is not the fifties, and I'm out of touch.

Events of the last few years point that out.  Folks in town can thank me for the Residential Exemption. 

I fought city hall for seven years before the council adopted it. 

When you look at your tax bill and see that $105,000 abatement, think of me.

I want to thank the folks who’ve logged on and those who commented.

I tried to prevent the train impending train wreck without success.

Unfortunately because the town infected with corrupt or half-wit politicians/administrators, it has already crashed and burned,

and months before the second Great Depression has landed.

Things will go from bad to worse when Barnstable gets the double whammy when Governor Patrick announces local aid cuts for F/Y09 and F/Y10.

Who needs a blogger to tell you, “I told you so," after you coffin is closed.

For three years I've asked voters not to elect anyone on the council or the school committee. 

I supported all the losers.

How are the guys and gals you voted for working out for you?

Peace. 

 
It was fun while it lasted, otherwise I wouldn't have done it. 

PEOPLE GET THE GOVERNMENT THEY DESERVE.

Gary Lopez

Comments

[JJ]

GOOD RIDDANCE THE BAD RUBBISH

[John Julius]

Gary, let Gilmore mouth off and spew all the lies he wants. Last time I knew five of those idiots at the airport are in federal court and are facing a major lawsuit that is going to cost us all millions. Take a gander at the Patriot today....so let this knowitall spew all the lies he wants. Keep your eye on that outcome and see how much Mr. Gilmore knows.

These peole are nothing but a bunch of liars and thieves and 95% of the people in this town know it....

so watch that trial and see what gives. And watch to see how the Judge does rul on the monies. According to the suit, the town is accused of taking in revenues which is not legal under the guidelines. So IF the judge DOES rul on that and finds this to be the case, then we will have good grounds to have this entire matter investigated, because they will have been found guilty on this one item. THEN let's see if mr. Gilmore is right. Then and only then will this be finished.

In the meantime, I AM going to get a copy of the lease and we can see for ourselves what is going on.... Do I believe Mr. Gilmore? NO, NOT FOR ONE 's see what a federal Judge has to say about the alledged revenues going to the town....

Last, I find it reprehensible about the school SUPER. If this is true that she has been out on Friday's teaching a class in another town as alledged, she should be FIRED immediately and any school committee member who may have KNOWN she was doing this should also resign immediately!

Does anyone know if this accusation is true?

Please let us know. Thanks

[prissy]

Gary, I know you're down but please don't give up on us. Sometimes we have to be hit on the head several times before we wake up. I'm from the "old school too" and I don't understand stupidity from any source and most especially from our elected officials. The deal on the airport impacts this town to such a degree that it could pay for the teacher's salaries and/or any other good cause but the council just sits stupidly by and says "yes Mr. Gilmore, you're right Mr. Gilmore" and moves on. I agree 100% with you .. take them to court and see what happens; it can't be worse than it is now. We pay for all those attorneys, let them earn their keep. Please, please don't give up on us.

[John Julius]

Did people last night see how fast Crocker and others on the council STOPPED Greg Milne from discussing and asking questions about the airport revenues? This is okay though. When the Attorney General does get the copy of the lease and they take a peek, they can also watch a few of the many re-runs on all this, including mr. Crocker and his pals..... are some people here hiding something? Is there something SOME people here do not want known?

Like I said, right now in FEDERAL Court is a huge lawsuit. If I am correct, is not Mr. Gilmore one of those named in this lawsuit? Should Mr. Gilmore eveb BE DISCUSSING anything on this in the first place? Since I am no Attorney, I do not know, but I DO know that one of the allegations in this complex lengthy suit is that of DIVERTING FINDS TO THE TOWN OF BARNSTABLE..... so folks.... let's just wait....

Here is something else I DO know. IF this lawsuit DOES reveal the diversion of MONEY into the town, I bet that the INSPECTOR GENERAL's office just might want to come here, ask some questions and investigate.

SO if Mr. Gilmore wants to come to the town podium and continue his dog & pony shows, let him. ALL OF THIS IS WAY BIGGER than him, the Manager and all the idiots on the council!

And after watching last night and seeing a couple councilors trying to STOP Greg Milne from further discussing all this and asking questions, it is putrid, just putrid!

[prissy]

So the town lawyers go all the way to the Supreme Court to fight a little girl regarding a sex discrimination suit, but they won't go to court to fight a ridiculous lease?

[prissy]

Watching the school in front of the town council doing the two step regarding school busing and it's interesting to note that Mr. Crocker wants them to go to the council to approve a contract but Mr. Crocker will not discuss the contract with Mr. Gilmore regarding the airport .. interesting!!! what's the difference Mr. Crocker???

[John Julius]

Prissy,

Thanks for paying attention... people should be watching jimmy Crocker and any other councilor who DOES NOT WANT to fight the lease, etc.

But here, as I said, wait till the federal jury rules on the Rectrix case. Don't forget. ONE of the allegations in this federal lawsuit is that the Airport diverted FUNDS illegally which is supposedly not permited.

SO FOLKS, did I MAKE this one up too? Did Gary make that up? Nope. This is IN THIS FEDERAL LAWSUIT and here is my promise to people here that we are trying to help:

IF a federal JURY does find them GUILTY on this count of ILLEGALLY diverting MONIES into the town's general fund, then I WILL IMMEDIATELY ask THE US ATTORNEY Michael Sullivan to investigate every damn bit of this!

FURTHERMORE, I got a phone call from someone else this a. m. who told me that ALSO included in the LAW, Ch 44, section 153 f 1/2 is yet another provision that allows for the COUNCIL OR GOVERNIG BODY to VOTE to immediately TAKE the funds and put them into the town's general fund IF the airport general fund was in existence for more than three years. SO IF THIS IS TRUE, then WHY is the council NOT DOING THIS??!!

So folks, as we all know, ROME was not built in a day and we will not settle this one overnight! But right now, I am waiting for the TOWN MANAGER JOHN KLIMM to return my call so I can go get the lease. If I don't hear from him, I have his cell and will call him on that number. So John, when you read this, please call me 508 237-2700. I am waiting and I want the copy of the lease, even though they do not have to give this to me for ten days, as pre the public records law....

Any bets on this one? Think Mr. Gilmore will find some legal snag that will prevent me from getting a copy?

The more these idiots try to hide, the deeper their giant hole will get...

[John Julius]

Here, a oouple more things:

1. Did people see last night that the Mr. GILMORE DOG & PONY SHOW WAS NOT ON THE AGENDA yet they allowed him to come UNANNOUNCED and then speak for what, a HALF HOUR?

ANY ORDINARY citizen has ONLY THREE MINUTES and their buddies get all the time in the world. Typical Barnstable....

And don't forget, if I am correct, mr. Gilmore himself is one of FIVE named in the FEDERAL LAWSUIT against the good folks there at the Barnstable Airport.....

These people are ALL A JOKE. EVERY ONE of them except Greg Milne, who is all by himself. At least Greg can sleep at night...

If someone has the time to research the CH 44, section 153 1/2 law, please confirm the part of the council being allowed to VOTE to take the moeny and place it in the TOWN's GENERAL FUND!

Thanks

[Para legal]

It's pretty clear to me. Gilmore was paid off by the lessee.

Maybe the two lawyers on the Airport Commission got a share too, because they should have known the lease could be broken.

Thousands of property leases are broken every day in the U.S. These types of actions are more common than divorces.

[Tom S.]

John,

Did you see the exchange last night between Greg Milne and Fred Chirigotis? Greg raised a question about a sub committee meeting that went into executive session.

Greg's comment was in response to a comment from Al Baker during public comment about the same meeting.

After raising a question about the use of executive session, Fred Chirigotis corrected Greg twice despite Greg's protests.

Fred Chirigotis's attitude towards Greg last night was quite telling. Earlier this week I heard a rumor that there was a move being contemplated to seek Greg's resignation from the council. Apparently Greg has worn out his welcome and a number of councilors want him gone.

As of today there are four councilors lined up to seek the resignation: Chirigotis, Rugo, Farnham and Crocker. Janet Joakim is expected to go along but has not committed to the effort has of yet.

When it does happen there will be at least a majority of councilors seeking the resignation. Apparently they are going to then replace Greg by appointment and may already have a person waiting in the wings.

Also last night Greg Milne asked about Hyannis East being replaced with parking for the new rink. He go dead air for a response.

[Pauline from Cotuit]

With the fiscal crisis facing the town, you would think the council would go full speed ahead to break the Kmart Mall lease.

It's certainly worth the effort.

The tenant might even make a deal to make the town go away.

[John Julius]

Folks, Gary has been banging away at the mass corruption in this town now for many years. it is getting worse.

And for anyone reading, Manager Klimm has NOT returned my call about me getting the copy of the lease. I will now try him on his cell, and I will bet anyone a grand that he does not answer.

Any one want to bet?

[Shadrack]

So what if councilors ask for his resignation? Greg Milne was elected by the people. What provision is there in the charter for getting rid of another councilor for his point of view???

[From the Hill, Boston]

First off why do we have a lawyer named in a federal racketeering suit renewing leases if that's what happened???? 2nd why is a lawyer named in a federal racketeering law suit explaining the lease situation to the people of Barnstable.

Third, who invited him and why? He was not on the agenda??

There is something rotten in Barnstable.

I would think any legal contracts being considered by the airport should be going though some type of oversite committee due to the alagations of wrong doing there.

There is no one in charge in Barnstable. The town Govt. is out of control.

Greg milne is the only stand up guy on the council. He is the only one that seems to care about the tax payers.

Crocker didn't like how the guests were being treated by his own fellow councilors. Well Jimmy we don't like how we have been treated by you and your cronies!!

Cherigotis has bought into the olde boys network.

It's like a big old orgy down there on south street.

I can difine integrity this way in Barnstable

The members of the ZBA who resigned and Greg Milne.

The rest of them should be investigated for high crimes!

The BBO should be informed of Gilmores antics.

[Pssssssst!]

I am convinced that John Klimm is a modern day vampire who sucks the blood out of every living being that gets near him.

Look at some before and after pictures of people who entered his inner circle. Take Joakim, for example. She started off all bright-eyed and enthusiastic, and now, well, just look at her.
Same goes for sooooo many others. Tom Lynch, Ruth Weil, Ralph Cahoon, Paul McDonald, etc...

They aren't Klimmbobs, they are Klimmpires - bloodthirsty vampire soldiers of John Klimm's evil empire.

Klimm has had his eye on Hyannis East Elementary for YEARS. However there is no way they are going to use that valuable land as a parking lot.

I heard from a fairly reliable source that Klimm wants to put a new police station at the HyEast location as step number two in the racial cleansing plan for Hyannis.
They want to turn the cop shop on Phinney's Lane into a homeless shelter. Before you know it, downtown Hyannis will look like Telluride!

John, if Klimm calls you back, be sure to wear some garlic around your neck and hold a crucifix close to the phone!

[Tom S.]

To the commenter from 2:29:

Bruce Gilmore is the attorney for the airport, since the airport is not directly under the town they need there own legal expert.

He was invited last night my John Klimm at the request of Fred Chirigotis. Fred Chirigotis made the request after the subject of the Kmart lease came up at this weeks school committee meeting.

The council liaison to the school committee, Janice Barton, wanted the Kmart lease issue explained after the school committee meeting this week.

The agenda was already published before the school committee meeting, that's why Bruce Gilmore's name did not appear

[bugsy]

I went before the Council in September of 2007 at Gary's request to ask for a copy of that lease and an opinion from the Town Attorney for why the KMART lease revenue should not be deposited to the General Fund.

Not one person replied to my request. I was meet with stone cold silence.

We still have not secured an acure copy of the lease, but we know it exists. It is not a total fiction.

It appears that the only way to get information from this Town Council is to embarrass a Councilor before a large group of residents and then threaten an Open Meeting petition to expose them further.

Then, you get the whole dog and pony show.

I think last night was a success. I hope Gary reconsiders his decision to stop posting to this blog.

[mary clements]

Mr. Gary Lopez,

You are not fighting corruption in this town by yourself. We all feel spent. I log on to your site, and end up having to save the data for review at a later point. The information is serious, extensive and comprehensive. Information on this site can be used to demonstrate that there is a long term breach of public trust with no accountability. That having been said, it will take years to undo the mess that has been created by malfeasance. If you come off your game, no one at this point is going to blame you. This is exhausting, and contrary to what sitting town officials think, nobody really gloats on an "I told you so" basis when things are honestly this bad.

Greg Milne needs to be protected right now. Evidently, he is considered a leak and a traitor and not a hero. Obviously he is compromised. If you lay off the support, you lose an ally that made a difference.

I would like to speak with Greg Milne. I have information that will protect him from political demise.

Once again, this lobby group and associated figures need remain cohesive. The last thing this "body politic" needs is to dismantle completely and leave the intellectually deficient in charge during a crisis.

Nothing was ever gained by generously feeding the fox in charge of the hen house!

[>>>]

Let Gary have his fit.

He'll be back before the end of the Super Bowl.

[What the?]

Keep Hyannis East open. They want an alternative?
Close BWB. Do the right thing, not the white thing.

[Bruce]

Good luck Gary and thanks for all your hard work trying to educate a flock of sheep!! They just LOVE being led to slaughter!! The info you supplied was extraordinary and unbelieveably well researched! However with these townspeople you would need a sledgehammer and a weeks time to get through! Thanks again and I hope you reconsider.

[Heading for the hills]

Another rumor being spread among teaching staff is that HyEast is all but sold to a Hotel outfit.

Last one over the bridge is a rotten egg!

[John Julius]

Bruce:

Thanks for your support of Gary. Yes, he does a ton for us all and our community. WHERE ELSE does any town have anyone so dedicated to stopping town corruption? Nowhere and NO ONE else does anything even close!

As many know, Gary has been fighting for the good of us all now for many years. I started about 4 years ago and we both have been kicked around by a bunch of extremely incompetent thieves and liars! The town council is a JOKE. So is the town Manager. And so is the School Superintendant. These clowns ALL have ALL the answers when in fact NONE of them would ever succeed in the real world. It is obvious as the day is light.

Gary has done so much for us all and he deserves a mountainload of credit. So far these lying cheating thieves have been able to dodge crisis after crisis, but their day will come. Personally I hope it will come soon when the Rectrix lawsuit is settled. Many people are not familiar with this major suit that will cost us all millions. Is anyone surprised?

Having said this, I noticed that the Patriot did TWO stories yesterday on the lawsuit. Gee, funny how there was NO MENTION of the FIVE who are NAMED in this lawsuit! And Mr. Gilmore, if I am correct, is one of them. So here is this supposed expert on the airport giving his half hour speel the other night and HE IS ONE of those named in this very expensive lawsuit!

And two final things:

1. WHY was Mr. Gilmore's item on the AGENDA? He just strolled into the room and took over.

2. He stands at the podium babbling and spewing garbage for what? A half hour or more? And yet, any ordinary town resident barely gets three minutes. These guys are nothing but one big joke!

And let's see how Mr. Gilmore fares with the other four when this lawsuit goes in front of a federal jury. Then let's see how much of an expert he and these idiots are! If they are found guilty, I hope they lose their law liucenses, which is what SHOULD happen!

[What the?]

Has anyone seen Grenier's contract? Does it include an annual performance review?

If the HyEast property is sold, will those proceeds go into the general fund, or what?

What happens to school choice? If, for example, children currently attending the elementary charter school want to remain in the building and don't care if it is charter or not, what should they do?

[What the?]

Doesn't anybody see that the closing of Hyannis East is being done to protect the fat cats and helicopter moms at BWB. It's about the MONEY. He who has it has the power and the Hy East folks don't have it like the BWB knobs do.