You just were awarded a judgment for $18 million,

Would you pay a lawyer to represent you on appeal?

John Klimm and the Barnstable town council didn’t…

When the lower court ruled for the Plaintiffs in Barnstable’s school funding lawsuit last year, the town was automatically awarded $18 million in damages resulting from a legislative error..

The original Education Reform finance formula omitted an allowance for  enrollment growth.  When called on the issue, the legislature immediately included a post formula addendum called Overburden Aid  to adjust Chapter 70 Aid to reflect growth. 

During the 89's Barnstable's enrollment grew from 5,200 to 7,200 or 39%.

Massachusetts General Law Chapter 70 defines ""Overburden aid'', for each municipality is the gross overburden amount for that municipality multiplied by the foundation aid percent.

The only other reference to Overburden Aid,

Chapter 70: Section 5 Municipalities receiving overburden aid; reductions

Section 5. Beginning in fiscal year nineteen hundred and ninety-four and for every fiscal year thereafter, the following shall apply to any municipality receiving overburden aid: the overburden aid amount for said municipality shall be reduced by an amount equal to seventy-five percent of any increase over the prior year in its lottery and additional assistance local aid.

In 1997 I asked Tom Collins, Finance Director of the Department of Education to simulate Overburden Aid for Barnstable.

The town would get a little less than $2 million per year. 

The eligibllity threshold for Overburden Aid was a Per Capita Income  less than the state Per Capita Income. 

Barnstable’s average income was six-tenths of one percent less that its state equivalent.

The Census Bureau, producer of Per Capita incomes nationwide, cautioned,

“For purposes of interpreting income, use, median reportings, as average income (per capita) is subject to extreme variability.”   

1

Barnstable’s Median Income was 20% less than the state median which meant the town met the standards for Overburden Aid, significant enrollment growth, as well as a poor district.

Since the intent of Overburden Aid was to adjust Chapter 70 aid to poorer communities, its erroneous use of Per Capita Income excluded a district that was unquestionably eligible.

Bob Antonucci, the Commissioner of Education in 1998 offered to mitigate the per capita/median income through a “trigger bill” that would raise the threshold to “1% greater than state Per Capita Income, but a Median Income less than the state.”  The caveat was that I cease RAGE activities.

TheRAGE lawsuit included a request the court to order the Median Income limitation as a condition of eligiblity for Overburden Aid, and $8 million as damages for the non-receipt of Overburden Aid in IF/Yes 96, 97, 98, and 99.

In 2004 an SJC-appointed  superior court judge found for the plaintiffs, which meant Barnstable was in store for a huge windfall.

Within a short time the Attorney General, who defended the Commissioner, filed an appeal with the SJC, which prompted me to call  Attorney Smith, Andre Ravenelle, Superintendent of Schools, and Peter Gossels, the RAGE attorney.  Gossels recommended the town have counsel during the SJC appeal to separate Barnstable from the poor urban communities that had far different claims.

The commingled case was headed by a Brockton student.

Her district  received $113 million in Chapter 70 funds to support a $114 million school budget (99% state funded). 

Barnstable’s school budget was $47 million with all but $3.7 million from property taxes (9%).

The ACLU, representing Brockton, and the other 14 poor districts, and the AG stipulated that all plaintiffs had \ similar problems to streamline the appeal process.

Barnstable needed an attorney to argue that its case be bifurcated because of the disparity in Chapter 70 funding with poor plaintiff districts...

I talked with Councilor Ann Canedy, also an attorney about the need for the town to have a lawyer.  A week later she told me she had discussed the matter with John Klimm and Bob Smith, and the town would file an”amicus brief.” 

Klimm, Smith, and the town council did nothing during the appeal. 

2

The merits of Barnstable’s case were not heard.  All 18 plaintiffs were  Brockton in the eyes of the SJC because of the unchallenged stipulation.

Had Barnstable’s claims been argued to the SJC, and Barnstable’s appeal been denied, damages would increase an additional $10 million as compensation for unpaid Overburden Aid (incorporated into Base Aid in 2000, and disbanded) up until this year.  Barnstable officials, as plaintiffs, would also be meeting with Beacon Hill leaders to determine a new level of Chapter 70 funding that would satisfy the court.

Great work Mr. Klimm, and the council,

Your inaction in the RAGE appeal lead to the citizen’s demand for the split tax and residential exemption.  In his answer to the initial RAGE complaint, the Democrat AG who is running for Governor, said, sic “Barnstable is undeserving of additional aid until it takes advantage of legislative taxpayer relief already enacted, (the split tax and residential exemption.)

The question isn’t if you will run this town down the toilet, it’s when.

December 18, 2005

3

RAGE gave us a chance John, and you blew it

A  critique of Hank's debut

Last Thursday’s council hearing was the first full hearing for Hank Farnham as President of the Barnstable town council.  After watching for a half hou,  I had to stop.   I  was reminded, howeveer, of a local sheriff candidate a few years back who campaigned at the annual Native American pow wow.  At the end of each campaign promise he was greeted with a series of “oogahs." 

Then att the end the candidate began walking towards a meadow, the Chief cautioned him, “Be careful not to step in  “oogah.”

For those who’d like to view a reprise, the council hearing is rebroadcast today and tomorrow on Channel 18.

Public Comment. 

Lou Gonzaga, a COGGER, spoke about the money that  could be used for municipal services should the town secede from the Cape Cod Commission (CCC).

Councilor Response to Public Comment

Farnham went into a five-minute lecture on the method the CCC is funded which was completely fabricated, and as luck would have it, entirely bogus.

The truth as to the method of funding the Cape Cod Commission

The Cape Cod Commission and Barnstable County are funded by assessments to each municipality's state aid.  Barnstable’s county assessments this year are approximately $1 million, with half going to fund county government, and the remainder the CCC.

If the town of Barnstable were to leave the CCC,

The state woould simply mail the $500K, not spent on the agency, along with balance of School Aid, tottery receipts, etc.

Hank the Bank's version...

Farnham tells Gonzaga that the CCC is funded through the property tax levy.  He also grossly understates the cost, together with a lengthy cryptic oration something to the effect that if the CCC no longer existed the money collected from taxpayers to fund the agency would remain with them,  and be of no value to the town, ergo Gonzaga was wrong  in his premise.

The bigger picture is why did Farnham tell such a whopper?

4

1. Did he feel compelled to impress his peers that he is truly and “all-knowing” leader?

2. Did he feel the need to impress visitors and television viewers of his vast knowledge and instant recall?

3. Was he sending a message to public commenters that he’s quick on the draw, and will not tolerate inaccuracies.

4. Is he showing signs of stress in being  “outed” as a closet megalomaniac?5. Is he a compulsive liar?6. Is he on such a power trip that he feels he can impose dogma?7. Does he think the public is stupid?8. Does he think his peers are stupid?9. Or is he stupid? 10. Is he trying to show Councilor Crocker that he has a better pair of “dancing

shoes/”11. Is he trying to tell  Councilor Tobey that he’s a bigger liar on the board?

Anyone is eligible to misspeak. 

Anyone can make a mistake.  That’s why there are erasers on pencils.”How can one explain a fib that goes on an on for five minutes….

It looks like this site will go on for years...

Hank, a retired banker, has plans to start his own bank, Bank of Cape Cod.

Can depositors feel safe that their money will be credited to the right account? 

He did credit taxpayers as the ones who deposited $200K of the $500K to fund the Cape Cod.Commission.

Then maybe Hank had an extended senior moment, or maybe it's the same old crap expoused by the last President.

Doubting Thomas's please visitL.

http://www.dls.state.ma.us/cherry/06/Cs06ct_wordassess.htm

At the Department of Revenue page, select Barnstable in the drop-down menue.

Click on Get Report, and open

Please note you are viewing assessments to state aid receipts

The $940,000 listed as County Tax is subtracted from Barnstable's school and lottery aid, is mailed directly to pay half the costs of each, the County government, and the Cape Cod Commission.

5

If the town were no longer a member of the CCC, only half the amount would be assessed, and the remaining half mailed to the General Fund.

Ask yourself, if the town withdrew from the Cape Cod Commission, how could the taxpayers save the $500K? 

Answer, they can't. 

The council would have another $500K to spend on other things.

December 18, 2005

6

RAGE gave us a chance John, and you blew it

More state school aid for Barnstable?  Forget about it…

Ed Moskovitz, who wrote the original Education Reform finance formula in 1993, is writing the new formula as well.  He subscribes  to the theory that the level of state education aid is driven a tax effort determined by dividing  the total adjusted property value by the district's enrollment, or EQV per Student.

Barnstable's EQV per Student is one of the highest.

For example Barnstable's EQV per Student compared to Weston; the state’s wealthiest community;

Barnstable’s EQV per Student is $2.5 million ($14.3 billion divided by 5,900).

Weston’s EQV per Student is $2 million ($4.7 billion divided by 2358).

Barnstable’s Average Single Family Tax bill in 2005 was recorded at $2,784 to Weston's $11,767.

If Barnstable assigned $3.00 per thousand of property value to pay for education, its per student level would be $7,447.   Add state school funding of $1,084, and the per-student spending level should be a comfortable $8,521.

Weston doubled its tax effort for schools by adding $6.00 to its tax rate and provided $11,878, adding $628 of state school money for a total of spending level of $12,506 per student.

The state EQV per Student is $818,814.

which means Barnstable has 3 times more property to tax to support each student.

The average residential tax rate in the state last year was $11.26 to Barnstable’s $6.05.

A $.50 override in Barnstable just for schools will bring in $7 million. $2 million will pay for free busing and the district would have an extra $5

million for teachers and books.

Ed Moskovitz will tell the legislature Barnstable doesn’t need extra state school aid.

"Their problem is they're not paying enough property taxes."

How are you going to argue to that, John, Janet, Janice, and Ralph?

7

The RAGE lawsuit successfully countered Moskovitz. 

Tom Birmingham, Governor Celucci, and Education Commissioner Antonucci,  offered a prospective annual $2 million  settlement in 1997, which would total $18 million today.

Barnstable’s average income was six-tenths of one percent greater than the state average income, making the town  ineligible for the additional annual $2 million in Overburden Aid, while its median income was 20% less than the state median.

Had Mr. Klimm provided funds to pay for an attorney to represent the town in the Supreme Judicial Court challenge, the town could have argued Barnstable merits separately.

Brockton received $113 million in state school aid to support a $114 million school budget (99%), to Barnstable’s $3.7 million to supplement a $47 million budget (9%).  Because Barnstable had no lawyer in the SJC appeal its case was stipulated to be similiar to Brocton.

Chief Justice Margaret H. Marshall, within her majority decision on the Hitchcock decision wrote;

" there are words of caution to the Legislature and administration about their need to continue to perform, and makes clear that under different circumstances, the court would entertain additional appeals."

Unfortunately because John Klimm could have cared less about Barnstable's children, their "different circumstances" were never heard.

December 18, 2005

8

There is a Barnstable Easter Bunny after all and on Sunday if John Klimm sees his shadow, when he leaves his house, there’ll be six more days of winter left in the season.

For those of you who missed the town manager’s state of the town speech last night, following is a complete transcript;

Here comes Peter Cottontail

Coming down the bunny trail,

Hippity Hoppity,

Easter’s on its way,

Bringing every girl and boy,

A basket full of Easter joy

Things to make your Easter

Bright and gay,

He’s got jelly beans for Tommy

Colored eggs for sister Sue

There’s an orchid for your mommy,

And an Easter bonnet too, Oh

Here comes Peter Cottontail

Hoppin down the Bunny Trail

Hippity hoppity

Happy Easter day.

A Hyannis Theater for the Performing Arts, what a unique, novel idea.

A $10 million price tag…the perfect affordable price…Everything costs $10 million in Toonsville.

I’d like to recommend the perfect spot for the Performing Arts theater, the Paddock Restaurant on West Main Street., and the property behind it.

9

You know, the site with the gaudy orange seats, that gets a tent erected around it it the spring.

All that needs to be done is to fund and staff the Barnstable Cultural Arts Department.

Bob Smith and his trusty assistant Dave Houghton are naturals to head up the new board.

John the Klimm Clam Man need appoint a few others for a payroll of $750K.

The Performing Art Center would pay for itself through the sale of tickets. It could be the town’s next big money-making enterprise account.

Someone could call Ernie Bock, Jr., Trustee for his late father, Ernie Bock. Ernie has been looking for a site for his Theater for the Performing Arts. I heard he’s got six or seven million in an account to build one.

Ernie wasn’t moved with a potential Hyannis site last year, but a move to West Main Street has that Hyannis port “ring” and he might reconsider.

While we’re at it John, how about transforming the failing Marstons Mills Airfield into Six Flags Cape Cod, or selling huge stars for $1,000 apiece emblazoned with the names of local benefactors that could be cemented into the sidewalks on Main Street, Hyannis?

The remaining transcript of Klimm’s state of the town speech follows.

Here comes Peter Cottontail

Hopping down the Bunny Trail

Listen to him hop and listen to him say

“Try to do the things you should”

“Maybe if you’re extra good”

He’ll roll lots of Easter eggs your way

You’ll wake up on Easter morning

And you’ll know that he was there

When you find those chocolate bunnies

10

That he’s hiding everywhere, Oh,

Here comes Peter Cottontail

Hoppin down the Bunny Trail

Hippity Hoppity

Happy Easter Day.

April 14, 2006

11

John Klimm’s tumbling weed mercantile megalopolis may take a tumble….

The Danforth Aerodrome might be have to be transformed into the Danforth Hippodrome….(my idea)

The current lessee can’t afford the $1,000 a month rent payments on Klimm’s $14 million property….

Searching for a common ground…

If aeroplanes won‘t work, maybe horses will…

John Klimm is looking for ideas for the 64-acre piece…

My suggestion is a two-month run of

Cirque du Soleil

during summer months….

And we all thought the Cotuit Marina would be the first enterprise account to go…..

See them tumbling downPledging their love to the groundLonely but free I'll be foundDrifting along with the tumbling tumble weed

Cares of the past are behindNowhere to go but I'll findJust were the trail will windDrifting along with the tumbling tumble weed

In case you didn’t know tumbling weeds die, turn brown, then tumble to spread their seeds.

John Klimm uses tumble weeds to build enterprise accounts.

Aren’t we lucky the sellers of the Hyannis Golf Course are still operating the links and keeping the money?

It’ll be difficult for the golf course to fail until the town takes it over next year…

The town’s Olde Fairgrounds course has 700 members at $600 a year who keep that account in the black except for paying off the note that bought and built the course.

12

All Klimm has to do now is find 700 more golfers to pay $600 a year membership fees for the Hyannis course, and then figure away to retire the $5 million note to buy the second half of the links.

How's the membership drive going, John?

And of course as long as the Hyannis Water Company’s $10 million note is held by the town, water rates won’t have to go up, and the town can rebuild the company’s infrastructure at no cost to the rate payers.

Hey John, a whole year has gone by and the poison pipes are still in the ground.

The best pump at the airport is still pumping water that gags you when you drink it,

and the birds are still roosting with their rear ends facing the wrong way at the top of the 90 year old wooden water tank off Route 6.

Did I miss it, or is John Klimm’s state of the town speech coming up?

Tell us as only you can in your inimitable style, how great it is here in Barnstable, John. I know when night has goneThat a new world's born at dawnI'll keep rolling alongDeep in my heart is a songHere on the range I belongDrifting along with John Klimm’s tumbling tumble weeds 

The Sons of the Pioneers...with a little help from Roy Rogers.

April 13, 2006

13

With the exponential increase in violent crime in Barnstable, Patty Page will have to rerecord her classic…

If you’re fond of marijuana and crack cocaine,

Quaint little ghettos here and there,

You’re sure not to love Klimm’s Cape Cod.

If you like the taste of beans/rice stew

Served in a shanty with an ocean view, 

You’re sure not to fall in love with Klimn’s Cape Cod .

Streetwalkers waving to beckon you.

Miles of concrete beneath the skies of blue.

Police sirens blaring’ all night and morn 

Remind you of the can of sardines where you were born.

If you spend an evening you won’t want to stay,

Watching the mayhem on Klimm’s Cape Cod Bay

You’re sure not to fall in love with Klimm’s Cape Cod .

You’re sure not to fall in love, in love, in love. 

You’re sure not to fall in love, in love,

With Klimm’s Cape Cod,

Klimn’s Cape Cod .

There’s hardly a day that goes by when the Cape Cod Times doesn’t report a Barnstable murder, shooting, stabbing, high speed chase, mugging, or drug deal.

I read the Boston Globe and Boston Herald every day, and it seems to me the lead for frequency in major newspaper-reported crime is here in Barnstable.

Yesterday a commenter reported that after home owners in the Fresh Holes neighborhood asked police for more protection, they were told to “hire a police detail.”

14

This is the same modus operandi used by Police Chief Finnegan when faced with dozens of teenagers congregating at Wendy’s, Christy’s on Route 28 an Bearses Way, and at the Route 6 Burger King.

Finnegan asked the town council to order all businesses in town to be shut down between 1:00 AM and 3:00 AM.

While police chiefs throughout the country would disagree with Finnegan, they’d rather know where the kids are hanging out to keep an eye on them, rather than not know what’s going on, the Council still complied with the Chief's request.

As it stands today, there are another 500 more affordable homes to be built in Hyannis alone.

Since the owners of these new homes must have combined annual incomes that does not exceed $43,200, the future for ghetto life in Barnstable is assured for years to come.

The two affordable-only developments, one in the out-of-the-way Industrial Park abutting the airport, will keep the police busy for years to come.

Added to the 500 affordable homes will be 100 high-end condos in Hyannis that target retirees.

Combining the poor with the affluent keeps the criminal food chain viable.

The elderly are easy marks, and can be had usually without a weapon which reduces the severity of the crime, and gets the perpetrator quickly back out on the street for a reprise.

Klimm calls his policy “Smart Growth” to patronize Beacon Hill's Massachusetts Housing and Community Development Agency, that also fosters "Smart Growth."

The rumors around town are, that should Patrick win the Governor’s race, Klimm would be the new Director of the agency.

The way I figure it's worth a vote for Duval to enable him take our beloved John to Boston so we'll have the opportunity to undo what he has wrought on us,

and save our town.

Barnstable is by far the state's municipal affordable housing compliance leader.

Klimm and his gang even went further than the state by inventing an even more liberal version, AHOD.

Klimm’s legacy in Barnstable will be that it was he who was responsible for turning the city into a smaller version of Atlantic City, and without the gambling.

15

Perhaps the Mashpee tribe should think about opening a large-scale bingo parlor in the Hyannis Independence Park.

What’s scary about the increase in crime in Barnstable is that, unlike Boston, 95% of the town doesn’t have street lights, nor the money to hire a sufficient number of policemen.

October 06, 2006

16

Barnstable Town Manager, John Klimm, a COGger?

“The Barnstable Airport is a part of town government, whether they recognize it or not.”  John Klimm, January 24, 2008.

This post is for the information of my very good friend Suzanne McAuliffe, Chairwoman of the Yarmouth Board of Selectmen, co-founder/Treasurer of RAGE, and her peers on the Yarmouth board.

Finally, after two and a half years of hammering away at the crazies who run and manage the airport, the town manager seems to have had an epiphany;

he agrees that control of the airport must be returned to the people through their elected representatives.

Klimm has finally come to the conclusion that numb-nuts like Airport Commissioners Dunning, Kimber, former commissioner, Wheatley, and Airport Manager, Doc Mosby, have to be stopped running the airport by the seat of their pants

with a complete and utter disregard of the concerns of Barnstable and Yarmouth citizens.

The airport-control race is on in earnest.

Yarmouth will file legislation within weeks in the General Court to secure a voting member on the Airport Commission,

much like Barnstable did to get a similar seat on the Steamship Authority.

The issues are very similar;

part of the airport is within the town of Yarmouth, planes take off and land over Yarmouth spewing oil and lead,

the 24/7/365 terrorizing of Yarmouth citizens by excessive engine noise,

public and private land takings resulting from FAA height restrictions have eggregiously curtailed Yarmouth land uses,

traffic to and from the airport jamsYarmouth roads, including the multi-million widening of Willow Street, and

groundwater pollution of the Zone 2 area of recharge to the town's only water supply.

17

Rep. Cleon Turner and Sen. Rob O'Leary can dust off the arguments made by Bob O’Brien, also an Airport Commissioner, and Barnstable’s voting member on the Steamship Authority, to the legislature as a blueprint to get a Yarmouth voting Airport Commissioner.

While a voting member on the Airport Commission is a step forward,

it may not be enough, because he or she will be a distinct minority, so Attorney, Peter Kopf will have to keep up the pressure on Janet Joakim, and her ilk,

until voters town-wide show them the door out of town hall next year

when the approve a new town charter

that will move control of the airport to town hall.

There’s even more good news for the future;

John Klimm is the odds-on favorite to become the town’s first mayor.

John just made the Barnstable Airport Commission the poster child for the Charter Commission to frame a government that will sever the tether that binds the executive branch to totally incompetent parochially-elected councilors.

Two and a half years ago when Sue McAuliffe, and a peer on the Yarmouth Board of Selectmen, appeared before the Town Council, and were forced to wait until 9:30 PM to be recognized, Greg Milne, and myself gave a power point presentation why the management of the airport should be brought under the control of the town manager/town council.

John Klimm never uttered a pro or con word on the resolve to effect the management change that night for fear he’d lose his job.

The resolve was defeated, and COG was conceived,

Had the council gone along with Greg Milne,

o the Rectrix lawsuit would have been avoided,  o a mini-convention center, like Ocean Edge, would be operating in

the industrial park, o the airport terminal REMODELED, o airport approaches restricted to those pre-1999, o early AM take-offs terminated, o threats to both the Hyannis and Yarmouth water supplies managed,

18

o and the former good relationship between the two neighboring communities restored.

John Klimm concurs with COG tenets; Mosby, Wheatley, Dunning, Sanchez, Gilmore, Kimber, et al, are cancers that need to be excised.

Sue and her peers on the Yarmouth Board of Selectmen will be pleasantly surprised to see their Town Administrator, Bob Lawton, sitting alongside Klimm, when they watch the YouTube.

Bob was asked to advise the Charter Commission as an expert, which includes his affiliation with the Massachusetts Municipal Association.

My advice to Yarmouth selectmen;

take care of Bob, because once Barnstable has a mayor, the first mayor will try to steal him, ala you former Assistant Town Administrator.

February 12, 2008

19

Klimm’s talking, walking, and acting like a mayor lately….

John Klimm took a giant step away from the clutches of some members of the Town Council at the most recent Charter Commission meeting when he tossed the Airport Commission under the bus.

Klimm acknowledged that the Barnstable Airport is too big an asset to be controlled by risk-taking, maniacal, and dysfunctional funambulists who have a complete disregard for public money.

The biggest failing of the current charter is that the town manager is tethered to the majority leader on the council that supported him during the last contract negotiation.

Unfortunately for most Barnstable taxpayers the current majority leader is James Crocker, the councilor who serves voters in the small, but most affluent village of Osterdorkville.

Before Crocker the archfiend on the council was Hank Farnham, who represents lesser affluent folks in the village of West Barnstable.

Klimm let the cat out of the bag during his presentation to the Charter Commission this week when he said that

swapping the council and town attorney offices was one of his major accomplishments.

Klimm minced no words explaining the need to separate his office from the coffee room.

He spoke of his frustrations from having his office door opened for never ending greetings by the 13 councilors.

During that period Farnham was the council leader, and as such issued an average of 13 missives/communiqués per day citing his opinion on just about every issue on the manager’s daily agenda.

What's up with Klimm's change of policy on the airport?

In August, 2005 during an attempt to reign-in the BMAC to the control of the manager/council,

20

Klimm never offered an opinion either way.

The antagonists for airport change were Farnham and Crocker,

which may explain Klimm’s reluctance to get involved at that time.

But the BMAC's misfeasance on dozens of issues may be the cause for Klimm’s change of heart.

Did the airport alienate the council because of the RECTRIX legal action,

or the impending mega-million dollar lawsuits by the Yarmouth Board of Selectmen, and Yarmouth homeowners who live under the newly created (1997) flight approaches,

or both?

 COG thinks that Klimm had an epiphany that as mayor he'll have

a position that would enable him to cut his tether,

freeing him to make day to day decisions without having to look over his shoulder.

During the last charter commission action, Klimm had been in office less than a year, ergo uncertain of his popularity, so he asked supporters to run as charter commission candidates.

Ultimately the mayor-less 1999 Charter Commission product, a tepid change to the current charter, was unacceptable to voters.

Without Greg Milne serving on the charter commission, the prognosis is a 4 - 4 deadlock between;

“fine-tunists” and

major change supporters.

The race is on;

Will Milne’s legal challenge outlive the finite life expectancy of the Charter Commission?

If Milne's court action isn't resolved within 16 months there'll be no charter for voters to approve.

21

To prevent a massive waste of time, money, and energy, the Charter Commission should explore the legality of bringing two charters to the voters;

1. a fine-tuned version of the old charter, 2. a completely new charter, or 3. none of the above.

Klimm holds all the aces;

It’s was his decision to fund the legal action to prevent Milne from taking his rightful place on the Charter Commission,

Klimm appropriated the funds to pay the outside law firm.

The “fine-tunists” on the Charter Commission answer to Klimm, ergo he can recommend they support a mayoral form of government, because he'd be the mayor, and autonomous leader of the executive branch.

Klimm’s 180 degree change on the airport is a preemptive strike against Crocker, Farnham, and an attempt to distance himself from Doc Mosby and Michael Dunning.

Another reason to support a mayoral form of government in Barnstable.

Of the four other communities that adopted the council-manager form of government,

Barnstable stands alone because all councilors are parochially elected.

and even worse; there are 13 of them to contend with.

In theory Barnstable's charter provides for a separation between the manager (executive branch) and council (legislative branch),

but because of the overlapping nature of most issues,

the manager is forced into a subservient position to council leadership to keep his job.

Let's face it, the whole charter needs to be scrapped.

Can you imagine the condition of the state if the Senate and House hired the governor?

The council-mayor form of government provides for a complete separation of powers between the executive and legislative branches because everybody is elected.

Maybe John Klimm finally realized that he’s far better off being his own man

22

rather than having to kowtow to a bunch of career underachievers,

whose only reason to serve is town-paid health insurance,

or to keep the seat warm for an in-law, who was termed out, but intends to run again in the next term.

It’s time to quit being a wimp John.

It's time for you to support the council-mayor-town administrator form of government,

and use your influence to help the Charter Commission pen a decent product that'll be acceptable to voters.

If the Middleborough casino is up an running in 18 months, you'll be the 2 - 5 favorite for mayor.

Your chances of being the first Mayor of Barnstable are the same as the Patriots chances of winning the Super Bowl.

As the Mayor John can spend all of his Thursdays at home watching the Council on television.

February 02, 2008

23

BARNSTABLE STATE OF THE CITY; EVERYTHING'S COMING UP ROSES FOR THE "IN" CROWD...

"Good" jobs at "good" pay for all of Klimm's "good" pals....

"If you want more money than Klimm's making, he'll "hook you up" for a better paying job at the Cape Cod Commission," a planning agency with no planners, statisticians, traffic engineers, or hydrogeologists,  just lawyers who don't know shit about the law."

BRILLIANT, ABSOLUTELY BRILLIANT;

It "pays" to know John....

BE INFORMED and ALERT;

KNOW BOTH THE CROOKS IN BARNSTABLE TOWN HALL,

AND WHERE THE PEDOPHILES IN YOUR NEIGHBORHOOD LIVE....

24

John Klimm is set to unleash the “P” words; epochal, prolific, profound probative, operative, portentous, and prodigious as adjectives to define Barnstable's precarious fiscal condition six months from now...

The “P” words are synonyms for the word significant.

Where I come from people who toss away virtual and literal fortunes are called “degenerates,” like in degenerate gamblers, degenerate alcoholics, degenerate drug abusers, degenerate sex offenders, etc., and it looks like I can add

degenerate political wasteaholics

to the group.

Going into F/Y 08, or July, 2007, the Massachusetts Department of Revenue (DOR) certified $17,321,483 in free cash, and $6,519,140 in the stabilization fund,

or $24 million in cash reserves for Barnstable.

The obscene level of money in the town's checking account was the primary factor in the town's AAA bond rating.

Standard and Poor, and Moody's assume that fortunes in cash reserves means the ability to pay debt in times of tight money.

Barnstable's cash reserves don’t include the $156 million in tax, fees, fines, state, and federal aid revenue that was available to the town last year.

Today’s Barnstable Patriot reports;

Town enters FY’10 facing “significant deficit”Town Manager John Klimm will offer an overview of the challenges of the coming 2010 budget at the Sept. 4 town council meeting.

At the end of last week’s meeting, Klimm requested the workshop and reminded

25

the council “that we … will be facing a deficit situation, a fairly significant deficit situation next year.”

He said he wanted to make sure the all councilors were aware of the situation.

The town has used upwards of $6 million in cash reserves to balance the annual budget for the past several years, as expenditures have consistently outpaced revenues.

This structural deficit has been identified within the annual budget process, with some cautions that times of building excess revenue were coming to a close.

The town council will also be updating its strategic plan in the coming months to help guide priorities in the budgeting process. 

What makes Klimm a chronic degenerate is his use of the phrase,

“expenditures have consistently out paced revenues.”

“Real people” would say spending exceeds income, or they have a champagne appetite, and a beer budget.. 

John Klimm wants us to believe that he is merely a victim of circumstances, like increased oil and energy prices, but the truth is he has a degenerate urge to spend.

On September 4th when Klimm announces the town’s precarious financial position, he already approved an order that taxpayers give Joe Keller $250,000 to help him finance his “ghetto in the industrial park,” that will be build on leased town property.

Joe says the quarter million dollar gift will enable him to receive a $1 million gift from the state.

Keller admits that Citizen’s Bank will loan him $15 million, which means he’ll own a 148-unit apartment house with less than $1 million of his own money.

Also on September 4th Klimm approved an order that will give $108,000 to a company acquiring Flag Ship estates to pay down the costs of two condos to an affordable price.

At the last council hearing $400,000 was appropriated to pay the interest on Land Bank-acquired properties.

It seems the 3% property tax surcharge on Barnstable property owners wasn’t enough to acquire $50 million in Land Bank properties.

26

Also last week the council approved $750,000 to buy a motel on Craigville Beach Road that sits on 6ths of an acre of buildable land.

John Klimm will argue that he never voted on a single land acquisition, but he also never disapproved one either.

Simple math tells me that $24 million (in the bank) - $6 = $18 million is still in the bank.

What up John?  $18 million in cash reserves is 13% of the town budget, or a bigger percentage than every other  city in Massachusetts with the exception of Cambridge. 

So what's the big deal?

Do you want to know what I think?

When degenerates are caught with their fingers in the cookie jar, they always lie about the level of their losses, and I believe that’s the situation we're faced with today.

This morning I called the DOR and asked if Klimm had mailed the board his schedule for cash reserves available in F/Y09, and he hadn’t.

Do yourself a favor John.  On September 4th when you give your "panic in the streets" piece about the dire straits of town finances, save us all a lot of time and energy by telling us how much free cash and stabilization is in the bank for F/Y09.

All we have to do is subtract that number from $24 million, to learn just how big a degenerate you are.

A deficit is the negative difference between spending, and the budget.

If it weren’t for cash reserves Klimm’s, wasteful practices would be deficit spending.

The council is equally at fault for the deficit spending last fiscal year, as the body approved all spending.

If you live in Precinct 6, when Janet Joakim comes knocking on your door, you can ask her why we need an override.

Klimm’s dog and pony show next Thursday is the prelude to an override next spring.

Call John Klimm and your town councilor today, and tell he or she where then can stick their override, and they can start with the schools.

Six years ago enrollment was 7,200 and climbing.

27

We built a new high school, two elementary schools, and rebuilt the Hyannis Middle School.

We thought we'd never reach the $5,500 per student spending mandate. 

Today the enrollment is 5,700, the school budget; $62 million, and per student spending approaching $12,000.

Since 2000 the police budget increased 121% ($5.6 million), and town hall operations; $8.2 million (169%),

August 29, 2008

28

Your choice Barnstable; More Monopoly money for Papa Doc, or 125 teacher lay-offs, fewer policemen, even fewer municipal services, including unpaved roads….

Last Thursday night Town Manager, John Klimm told us all that the $17,321,483 free cash (unrestricted cash reserves) dwindled to $7,500,000.

Klimm tacitly implied the council, led by Janet Joakim, pissed away $9,821,483 of the town’s savings to float $10,000,000 in overspending.

While we can't expect much from Janet Joakim, who balances the town’s check book like she does her own, we do expect more from the town's $135,000 a year CEO.

The Massachusetts Department of Revenue postulates cash reserves should equal 5% of the budget, or $5+ million, which, according to Klimm, will leave $2.5 million in cash reserves available to supplement next year’s budget.

The problem is if the council taps into the $2.5 million available as cash reserves to balance next year's shortfall,

the town will lose its AAA bond rating.

Klimm recommended next year’s budget be level funded plus the additional 2½% levy increase over last year’s levy. 

John recommended the council to spend within revenue that will be available, and not further deplete savings.

For example, both the F/Y08 and F/Y09 school budgets were supplemented with separate infusions of $4 million from free cash, which means with no supplemental funds available to fund next year's school budget,

$59.2 million will be available for the school district;

($62 million in F/Y09 - $4 million from free cash in F/Y09 unavailable in F/Y10= $58 million + 60% of $2 million from the Proposition 2½ levy increase = $1.2

29

million.  $58 million + $1.2 million = $59.2 million.

The school committee claims F/Y09 energy and diesel fuel costs will result in a $600,000 deficit.

If energy and fuel costs continue to remain at current levels, next year’s school budget shortfall will climb to $3.4 million.

Teachers have yet to negotiate a contract for next year, but assuming teachers get a 2.5% pay increase, or $2 million, the amount would offset the 2 1/2% levy increase.

In a nut shell next year’s school budget faces a up $5.5 million shortfall which will have to be made up through125 teacher layoffs.

The municipal payroll also faces a $2.5 million shortfall, and more layoffs.

There is no need for a single layoff in Barnstable next year.

  while at the same time free cash could be increased by $4 million or more.  

How?

Remember the Kmart Plaza?

The 40-year Kmart Plaza lease was signed in 1968, which means it expires this year.

The town owns the 40-acre Kmart Plaza property, and leased the land at a bargain rate to Cape Harbor Associates of Hastings, Minnesota in 1968.

There are six separate buildings at the Kmart Plaza totaling 250,000 square feet.

If the buildings were leased at a rate of $35 per square foot, the annual revenue would total $9,821,483.

If the buildings were leased at a rate of $30 per square foot the annual revenue would total $7,477,530.

Massachusetts General Law Chapter 53 F ½, prohibits enterprise funds from retaining lease revenue from properties

30

1) not acquired with enterprise fund revenue, and

2) not under the direct control of the enterprise fund.

Since the Kmart Plaza is outside the airport fence, completely unrelated to airport activity, and was not acquired with airport enterprise funds,

lease revenue from all outside the airport fence town-acquired properties must be credited to the town’s general fund,

including the Kmart Plaza, and the Steamship Authority Parking lot on Mary Dunn Road.

Last year, after vigorous prompting from COG, there appeared to be a consensus on the Council to wrest the Kmart Plaza from the airport, but as usual the message went in one ear, and out the other of the bozos led by Janet Joakim.

The council and John Klimm can't delay another moment.

Last year Michael Dunning, as Chair of the Airport Real Estate Subcommittee, told the Airport Commission that he was working on the sale or re-lease of the Kmart Plaza as the means to finance a new structure at the airport (new terminal).

COG to John Klimm…..

Get off your dead ass, drive over to the airport, and take the goddamn Kmart lease away from Mosby.

If you’re afraid to go alone, give me a call, and I’ll go with you.

I’m not afraid of the titmouse pipsqueak.

After Klimm strips Mosby of the Kmart Plaza lease, he can subsequently notify the tenants that effective immediately lease payments are to be made to the Town of Barnstable.

The new revenue will not only fully fund the school and municipal budgets, but also swell cash reserves by $4 million.

If none of the three lawyers in the town’s payroll are able to handle the job, dump their asses, and hire Kopleman and Paige to handle the town’s legal work just like 122 other Massachusetts cities and towns.

31

Barnstable teachers and municipal employees should let Klimm know there is plenty of

cash strewn around town to adequately fund municipal services with millions left over.

September 08, 2008

Today's post is a letter mailed to the Attorney General asking thay John Klimm be prosecuted....

September 3, 2008

Office of Attorney General Martha CoakleyOne Ashburton PlaceBoston, MA 02108

Dear Ms. Coakley:

I would like your office to investigate/prosecute Barnstable Town Manager, John Klimm for violations of MGL Ch. 40, Sections 39A, 39E, 39G, 41,  and Ch. 41, Section 69A, 69B.

CHAPTER 41. OFFICERS AND EMPLOYEES OF CITIES, TOWNS AND DISTRICTS

 OFFICERS IN CHARGE OF ROADS, SEWERS AND WATER WORKS

 Chapter 41: Section 69A. Water commissioners; election; tenure; quorum; vacancies

 Section 69A. Any town establishing a water supply or water distributing system under authority of section thirty-nine A of chapter forty may establish a board of three water commissioners or authorize its selectmen to act as such.

Such commissioners shall, in the first instance, be elected by ballot to hold office, one until the expiration of three years, one until the expiration of two years, and one until the expiration of one year, from the next succeeding annual town meeting; and at the annual town meeting held on the day on which the shortest of such terms expires, and at each annual town meeting thereafter, one such commissioner shall be elected by ballot for the term of three years.

32

A majority of said commissioners shall constitute a quorum for the transaction of business.

After the election of a board of water commissioners under authority of this section, any vacancy occurring in said board from any cause may be filled for the remainder of the unexpired term by said town at any legal town meeting called for the purpose.

Any such vacancy may be filled temporarily in the manner provided by section eleven, and the person so appointed shall perform the duties of the office until the next annual meeting of said town or until another person is qualified. Nothing herein contained shall prevent action under section twenty-one or sixty-nine.

TITLE VII. CITIES, TOWNS AND DISTRICTS

 CHAPTER 41. OFFICERS AND EMPLOYEES OF CITIES, TOWNS AND DISTRICTS

 OFFICERS IN CHARGE OF ROADS, SEWERS AND WATER WORKS

 Chapter 41: Section 69B. Water commissioners; powers and duties

 Section 69B. The water commissioners, or the selectmen authorized to act as such, in a town establishing a water supply or water distributing system under authority of section thirty-nine A of chapter forty shall have exclusive charge and control of the water department and water system, subject to all lawful by-laws and to such instructions, rules and regulations as the town may from time to time impose by its vote.

They may establish fountains and hydrants, may relocate or discontinue the same, may regulate the use of the water and fix and collect just and equitable prices and rates for the use thereof, and shall prescribe the time and manner of payment of such prices and rates.

The income of the water works shall be appropriated to defray all operating expenses, interest charges and payments on the principal as they accrue upon any bonds or notes issued for the purpose of a municipal water supply.

If in any fiscal year there should be a net surplus remaining after providing for the aforesaid charges for that fiscal year, such surplus, or so much thereof as may be necessary to reimburse the town for moneys theretofore paid on account of its water department, shall be paid into the town treasury.

If in any fiscal year there should be a net surplus remaining after providing for the aforesaid charges and for the payment of any such reimbursement in

33

full, such surplus may be appropriated for such new construction, extraordinary maintenance, or repairs, as the water commissioners, or selectmen authorized to act as such, with the approval of the town, may determine upon; and in case a net surplus should remain after payment for such new construction, extraordinary maintenance, or repairs, the water rates shall be reduced proportionately.

Said commissioners, or the selectmen authorized to act as such, shall annually, and as often as the town may require, render a report upon the condition of the works under their charge, and an account of their doings, including an account of the receipts and expenditures.

The provisions of this section relative to the powers and duties of the water commissioners, or the selectmen acting as such, shall also apply to the commission, board or person having charge and control of the water department or water system of any city, town, or district established under special law, notwithstanding any contrary provision therein, upon the acceptance of this section by such city, town, or district.

TITLE VII. CITIES, TOWNS AND DISTRICTS

CHAPTER 40. POWERS AND DUTIES OF CITIES AND TOWNS

PUBLIC WATER SUPPLY

Chapter 40: Section 39A. Water supply or distributing system; establishment; maintenance and operation; exception

Section 39A. A town, by a majority of its voters present and voting thereon at a town meeting at which the voting list shall be used, may establish a water supply or water distributing system and maintain and operate the same, in accordance with sections thirty-nine B to thirty-nine G, inclusive; but no such system shall be established to supply water in any town while the inhabitants of any part thereof are being served directly by a water company or a water supply district, water district, or fire district supplying water to its inhabitants, except in accordance with section thirty-eight or with special law.

Any town may vote to authorize its board of selectmen to act as water commissioners, with all the powers and duties of such commissioners, until water commissioners shall be elected as hereinafter provided.

A town which has so voted may, at an annual town meeting, or at a special town meeting called for the purpose and held at least thirty days before the next annual town meeting, vote that at such next annual town meeting water commissioners shall be elected. 

34

CHAPTER 40. POWERS AND DUTIES OF CITIES AND TOWNS

Chapter 40: Section 1. Nature and scope

Section 1. Cities and towns shall be bodies corporate, and, except as otherwise expressly provided, shall have the powers, exercise the privileges and be subject to the duties and liabilities provided in the several acts establishing them and in the acts relating thereto.

Except as otherwise expressly provided, cities shall have all the powers of towns and such additional powers as are granted to them by their charters or by general or special law, and all laws relative to towns shall apply to cities.

In 2005 the town manager conspired with the town attorney to acquire the privately-owned Barn stable Water Company by subverting the provisions of Ch. 40, Sec. 39 which requires a vote of the people.

The town council subsequently illegally authorized the town manager to be the sole manager of the Hyannis public water supply.

The town manager thereupon appointed a board of overseers, answerable to him on all important matters, such as establishing water rates, borrowing, and capital improvements.

The Barnstable Water Company water distribution system was neglected for twenty years, and is in such bad shape experts advise $33 million in capital improvement is needed immediately

The system hadn’t been flushed in twenty-five years because the water reserve capacity is insufficient, while other water systems are flushed annually.

The 700 fire hydrants of the Hyannis water supply are 50 years old and have 2 inch hose connections, while 4 inch connections are standard everywhere else.

Public health and safety are at risk because hoses can dispense less that 50% flow capacity.

The 100-year-old wooden water tank has been shut down for nearly a year after it became the source for a “boil water” order, that continues to this very day.  As you know, contrary to steel tanks, wood supports bacteria.

There are 45 miles of Asbestos/Concrete pipe that are more than 50 years-old that are in need of replacement.

There are also 80 miles of 100-year-old cast iron pipe that are far beyond useful life.

35

Mahar pump #4 is drawing surface water from ponds contaminated with the potentially deadly Cryptosporidium. 

Revenue for the water department is down 6.5%, and delinquent bills increased 9%. 

The water department can’t receive federal and state grants because there are no elected water commissioners to sign off on them.

Borrowing $33 million at 2% for a period of twenty years means an annual debt reduction payment of $2 million, and extending the period to 30 years means an annual amortization payment of $1.7 million.

The water company currently grosses $2.8 million, after three water rate increases, and a doubling of the annual service fee.

Klimm’s water board wants to borrow money to begin the most urgent capital improvements, but Klimm has put his foot down on water rate increases of more than 5.75%.

Last November a "boil water" order resulting from elevated levels of e-coli bacteria, for the Hyannis water supply, was ordered for the Hyannis water supply by the DEP, which was lifted after the 100-year-old water tank was disconnected from the water supply.

Here we are eleven months later and the ancient water tank is still off-line because e-coli bacteria cannot be removed.

I would like your office to investigate the bifurcated water company acquisition in which the 109-acre BARLACO Cummaquid (acquired through water rate increases approved by the Massachusetts Department of Public Utilities in 1985 for the specific purpose of land acquisition) was separated from the water company and acquired by the town for $1 million.

Had the BARLACO property remained an integral part of the water company as ruled by the Massachusetts Department of Telecommunication and Energy (DTE) (Mr. Philip Osborne), the property could be sold to finance capital improvements.

Klimm is just as much of a slumlord as the former owners.

The problem is Hyannis could become a mini-Katrina disaster resulting from a total failure of the Hyannis water supply and distribution system.

Hyannis water is already a cocktail of alkali (to elevate the PH, starch (to keep asbestos from flaking off into the water supply), chlorine (to kill deadly pathogens), and who knows what else.

36

The acquisition of the Barnstable Water Company is nefarious; $10 million of Hyannis water rate payer funds to acquire a company that wasn't worth $1 million, and the town's acquisition of 109 acres of Hyannis water rate payer-owned undeveloped property in Cummaquid for $9,000 an acre.

If anything the reverse of the deal would be fair.

The acquisition, negotiated by town manager, John Klimm, is suspect and reeks corruption.

15,000 Hyannis residents beg the Attorney General to investigate, and to order the town manager/town council to turn over the water department to Hyannis water rate payers.

Barnstable currently has four other water departments that are part of four fire districts, and all managed by elected water commissioners; COMM, Cotuit, West Barnstable, and Barnstable.

I would ask the AG to investigate the payment of $227,000 to Palmer and Dodge to defend a ten-taxpayer action filed to stop the water company acquisition based on the same reasons outlined in this letter.

I feel $227,000 to defend against the ten-taxpayer $3,000 action that was dismissed at the first court hearing is excessive, and suspicious as water rate payers were back charged for the amount.

Your prompt attention to this matter is appreciated.

Yours truly,

Gary Lopez

September 03, 2008

37