Friday, August 5, 2011

A Long And Winding Pant Load

Kenneth M. O’Brien

There has been a concerted effort to obscure the facts surrounding
whether Ann Beinema is still, in some way, associated with the 10-person suit related to the landfill site assignment.

The  following is a summary of  the timeline and facts related to this issue.

Ann Beinema was first appointed to the Board of Health (BOH) in the summer of 2009. Her appointment was conditional upon her withdrawal from the10-person suit.

Kirsti Pecci first presented the motion to withdraw Ann and Larry Beinema from the 10-person suit to the BOH's attorneys and Casella's attorneys in August of 2009.  From that time until March, 2010, Ann Beinema was working with the Board of Health and Michael Scott, the BOH's attorney, to locate the records requested by Scott's associate, Attorney Turano-Flores and Mr. Kirsch.  When Mr. Scott established that they could not be located, Attorney Pecci moved forward with the affidavits, as Mr. Kirsch had suggested. 

Atty. Pecci forwarded the affidavits to Ms. Turano-Flores and Mr. Scott on March 26, 2010.  On April 8, 2010, Mr. Scott agreed to Mr. Kirsch's edits, which did not require changes be made to the affidavits.  Ms. Pecci finally got comments back from Turano-Flores on April 14, and she did not like the form of the affidavits.  Ms. Pecci made the changes requested and sent them back out immediately. 

Once Ms. Pecci finally got Ms.Turano-Flores' approval, she served this assented to motion on the court via a Rule 9A filing on April 16, 2010, which the court granted.  Once Ms. Turano-Flores and Mr. Scott, the attorneys for the BOH, finally admitted that the BOH office and the Hearing Officer had lost the complete copies of Ann and Larry's 10-citizen group registrations, and once the BOH attorneys finally signed off on the affidavits needed because those forms had been lost, the assented-to withdrawal was filed immediately, as  
Mr. Clark was aware.

Some confusion arises as to the fact that Ann Beinema’s name still appears on the suit.  It 
should be understood that once the court gives the suit a name, that name is with it until the end.  For example, this case is still called, "Town of Sturbridge," etc, even though Sturbridge withdrew in the fall of 2008.

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References: Email from Kirstie Pecci Sent: Wednesday, April 14, 2010 12:01 PM To: Sarah Turano-Flores; Michael Scott; Rob Kirsch; David Gold with cc: to Christopher Clark;
Email From: Sarah Turano-Flores Sent: Wed Apr 14 12:24:53 2010 To: Kirstie Pecci Michael Scott, Christopher Clark and Ann Beinema;
Email From: Kirsch, Rob Sent: Wednesday, April 14, 2010 3:45 PM
To: Sarah Sturano-Flores; Kirstie Pecci  Michael Scott, David Gold, Christopher Clark and Ann Beinema;
Email From: Christopher Clark  Sent: April 15, 2010 8:39:08 AM EDT
To: Rob Kirsch, Sarah Sturano-Flores, Kirstie Pecci, Michael Scott, David Gold, and Ann Beinema.

25 comments:

  1. I am sure that its not just the timeline that appears to be somewhat questioned. I am sure it is also the contact that may have happened between some members of the Board of Health and the Pro Bono Atty. Time will tell if this is the case. Once the ethics complaint is complete and or the police so called investigation is done this matter will be put to rest. Questions do come about when Ann speaks about certain parts of the site assignments it is ovious that she is coached about the topic that she brings forward. Also all the questions and research that she request has cost the BOH thousand of dollars in legal fees which Casella will not pay for. I wonder if this research material ends up in other hands that wouild otherwise have to pay for or would not be entitled to. Hopefully not. If any member of the BOH or any town board act in the wrong manner action should be taken to correct this. Its not diffcult to do the wrong thing, its much easier to do the right thing.

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  2. "Questions do come about when Ann speaks about certain parts of the site assignments it is ovious that she is coached about the topic that she brings forward"

    How about being a little more respectful. The only obvious thing is that Ann Beinema is a smart and capable citizen who doesn't need to be coached.

    You want to talk about coached, try Chris Clark or Jim Morin.

    You want to talk about costing the town and the residents money, especially through legal fees, try the same names peskey. No one else comes close to our mismanager and health dissector.

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  3. Does anyone remenber the desperate legal opinion that appeared after Mr. Clark realized that the Council of 2010 was going to comply with the charter by staying with three members?? They claimed that Ann was the 4th or 5th appointed member, and therefor should be removed so Mr. Clark could appoint her replacement. Back then, Mr. Clark was OK with only three BoH members.

    If Chairman Lazo actually threatened Mr. Clark's employment if Mr. Clark didn't appoint Ann, why wasn't Mr. Clark fired for trying to remove her last year?

    If Mr. Lazo and others should be critizised for anything, it should be for not removing Mr. Clark for often appearing to be more loyal to the landfill operator than he is to the people of Southbridge.

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  4. Peskey Bug:

    With the exception relating to meeting with other members of a town body in excess of a quorum, State Ethics Law does not prohibit talking to other people. This applies to governmental issues as well as where one might find good sushi. This is amplified by the fact that the town manager will not approve independent funds for legal representation for the BOH. Rather, they are dependent upon legal counsel financed by Casella.. If you are going to maintain that as an unbiased source of information, you may as well advocate a cooking show hosted by Hannibal Lecter.

    As regards “research” ending up in other hands, these are public documents. Therefore, whoever’s hands they end up in is not an issue.

    Finally, as regards thousands of dollars being spent, how much has been spent by our police department investigating town councilors, bar owners and other public officials while drugs, theft, vandalism and prostitution run rampant on our streets?

    Make “business friendly” Southbridge Home? Really?

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  5. Ken
    A cooking show would be better because of the end results. Some public documents that are handled by some public officals or elected are at times not to be given out to the public like in cases of litigations. One has to question if the rumors of such are the case. Hopefully not. If you recall council went into private session to discuss what has been said the cost associated with legal representation for the BOH. I am sure council had some dicussion about this. The BOH has a Atty. to contact just because some dont like his opinion o well.

    Finally regardless of the cost associated with a police investigations, if a town councilor, bar owner or other officals of the town violates the law thats or appears to should be investigated friends or not. Wrong is wrong no matter who they are, and yes after speaking to some of my friends on the police department they continue to investergate the crimes you mention more than you would think or would you like us to think.

    by the way I much rather watch a cooking show put on by Max because he always comes out with something GOOD

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  8. If anything needs to be investigated, it is the board of health minutes. I do not want to share my opinion about who may be guilty of either incompetence or corruption-it doesn't matter what I think anyway. I can state factually that there is at least one temporary employee that has prepared impressive accurate verbatim minutes. However, there does appear to be an additional composer of sorts, and the state should investigate, because it is a dozen times or more serious than what the town alleges a member may have done.

    It would be wise for the town council to request that Mr. Early's office inspect and investigate and allow their decision to stand. Especially the curious meeting of October 2009, and of course the video helps discern what was actually said.

    Maybe then we will get RecycleBank back?

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  9. Ms. Peskey Bug,

    I don't mean to come off like a smartypants knowitall or anything, but it would perhaps be useful to your non-credibility as an anonymous commenter on a weird blog if you were to educate yourself on some of the nitty gritty specifics concerning the Freedom of Information Act:

    http://www.foiadvocates.com/

    The Secretary of the Commonwealth also has great PDF guide to Massachusetts Public Records law.

    www.sec.state.ma.us/pre/prepdf/guide.pdf

    I know that our municipal police force exists to uphold the law, but my understanding is that enforcement of civil issues concerning potential ethics violations is generally something that's done with attorneys. Am I wrong on this? My friend who used to work at the Ethics Commission told me that he was in the Enforcement division: he wasn't a police officer; he was a lawyer. He investigated potential violations of ethics law, and reported back to the Commission, which would issue a ruling and/or a penalty.

    I asked him if any municipal police officers were ever involved with assisting him in any of his investigations when I talked to him yesterday, and he said no.

    I am concerned that Mr. Clark may have a potentially actionable habit of mis-using municipal police resources to conduct investigations in certain directions, seeking out potential civil suits for folks that are on the wrong side of the street from him on any given day. He should be more careful about the way he uses municipal resources. At the rate he's going he's opening himself up to a very credible fraud allegation.

    If this sort of thing keeps going on, someday someone is going to end up filing a civil suit against the town, and they're going to win.

    When that happens, I as a taxpayer will be utterly livid at the prospect of having to cover a settlement and legal expenses for someone with a successful police harassment lawsuit. We're too broke to meet EPA standards for water quality without dumping animal urine into the system, remember?

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  10. @JP You know, it's funny, but I was a lot more pro-Casella when RecycleBank was getting me 20% off my groceries at Big Y. I'd love for RecycleBank to come back, and add Big Bunny to the list of businesses you could get coupons from. My kids love that giant rabbit in the sky!

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  11. Amelia, it's funny but despite that silly storyline in the Telegram that uses "Casella Critic", the main criticism is of a poorly done site assignment that has not been enforced-so it isn't Casella's fault, it is the board of health, a town manager that won't share his legal budget, and DEP/EPA-they are at fault more than Casella might be.

    Casella is usually very good about picking up the trash, but it is how the handle it afterward that concerns me sometimes, and of course single stream is very 70's.

    Mr. Clark stated RecycleBank had been tried three years and did not change the recycling volume, but this is not true. they have actually stated in meeting on numerous occasions that lots of trash comes from out of town. THAT seriously complicates taking an accurate recycling rate.

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  12. You forgot that we didn't have it for three years, either.

    A little over two.

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  13. Mr. Clark has the duties of town manager,has to somehow contend with the failed Casella contract, dealing with the school situated next to our old dump, and then the terrible the tornado. He also micromanages the board of health agenda and the health department through Mr. Morin, has the law suits to deal with, coming up with creative schemes to get money, like raising the sewer rates and looting the landfill enterprise fund, so of course he is over his head.

    Exaggerating the RecycleBank lifespan was maybe a simple mistake-he just rounded it up a number, but I was annoyed by his chronological dementia when he stated during his appointment of Dean Cook that he had been on the board of health for six years-that wasn't rounding up, that was double his experience experience.

    If Mr. Clark excludes the twenty-two Doctors that signed the petition against the increase of garbage and trash from the board of health because he is concerned about health advocacy, we have a problem.

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  14. Good luck to anybody planning on attending the Sturbridge meeting of the Southbridge Town Council tomorrow.

    Did you ever try to get anywhere on rte 20 in Sturbridge during the start of the Pan Mass Challenge?

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  15. Ken, feel free to share, if you deem it appreciate , my FOIA requests today.

    In turn, I will provide them in their entirety to you when received.

    I'm tired of being intimidated by Clark and Charette, and watching what has happened to Father Peter, and now Anne, has motivated me.

    I'll take the records of harassment to my new attorney, and give and and Fr. Peter his name as well.

    People who ignore the law deserve to be held accountable.

    Anne, Fr. Peter and I, according to all attorneys I've spoken wit, are entitled to know who the accuser is. He cant hide behind 'it's an open invesigation'.

    Thet act like Nixon and G. Gordon Liddy.

    Enough is enough. It's time for both to go, and for the town to pay the price for their ignorance of the law, and due process.

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  16. So let me get this straight. Clark is taking this action against Ann B. based on an anonymous complaint? Hmmmm...

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  17. It's the way Nixon and Liddy do their dirty work, Mike.

    To anyone that is harassed in this manner, tell them what I told Det. mikey Sullivan, when he refused to tell me who filed a complaint (how's Deb, Mike? I'll fill her in when I see her on how you harass her friends, you jerk):

    Tell them you have a lawyer (I do). When they say they don't want to talk to your lawyer, tell them tough, shove it where the sun doesn't shine.

    Apologies to the good cops.

    Don't incriminate yourself, and make their case.

    You have a Constitutional righ to know your accuser.

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  18. I should have a civil liberties workshop here in town. Maybe I'll get arrested. ;)

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  19. A Southbridge Town Council meeting in Sturbridge on the day of the Pan Mass Challenge?

    Wow! That IS Nixonian.

    Halderman played by Detective Roettger (sp?)

    Ehlichmann played by Chief Charette

    Robert Bork by played Mr. Caprera,

    John Mitchell played by Councilor Clemence.

    Martha Mitchel played by Monique Manna

    John Dean ( We need one fairly bad.)

    Nixon played by Mr. Christopher Clark

    Spiro Agnew played by Councilor Nikolla

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  22. The EHS meeting is on charter 13- I can't believe how unprofessional and out of control Councilor Clemence is!.

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  24. "Lady Democrat" has this to say.
    The Town Manager, Chris Clark should be fired!
    Start a petition drive to do so!
    The Police Chief should take care of the herion problems in Town.
    Ann pays both the Town Manager & Police Chief's salaries.
    Ann is a honest and generous person who can do without this Town's SHIT!
    Holding a town council meeting out of town is illegal. We should call all the news channels and state police.
    Denise Clemence doesn't know what she is doing!
    This is all a violation of our rights!
    Don't let them pull the wool over our eyes.
    Remeber the song, Smiling Faces tell lies.
    We need to change the form of Government to a town administrator and selectman. I want a government were I can vote on the issues.
    WAKE UP SOUTHBRIDGE

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