This was the complaint that was sent to the Inspector General's Office by then Chairman of the Sewer Commissioners, Farrell.
Gregory W. Sullivan
Office of Inspector General
Dear Sirs
The following is a complaint against town attorneys Kopelman and Paige (K&P) and their fraudulent behavior in regards to their representation of the Town of Templeton and specifically the Board of Sewer Commissioners in a case heard before Judge Robert Cornetta in April of 2005 (case 02-2424C) in Worcester Superior Court. The law firm of K&P should have recused themselves from this case due to shoddy or fraudulent legal work done for the town in regards to the Assignee and Assumption Agreement in the early nineties. Instead the firm of K&P proceeded to botch the case so that they could escape any legal damages that might have been assigned to the firm of K&P by the Town of Templeton and or Erving Paper Mills. After losing the case on purpose the firm of K&P brokered what is believed to have been an illegal settlement between Erving Paper Mills and the Town of Templeton in early 2006. Then the firm of K&P kept the responsible parties (Sewer Commissioners) from taking legal steps to protect the town’s interest by working with town selectman Gerald Skelton and his wife town
coordinator Carol Skelton to stifle any efforts for legal remedy for the town by the Sewer Commissioners. The allegation follows.
The Town of Templeton entered into a contract with Erving Paper Mills in March of 1974 (see Helen Flaster’s email (EHF)) to operate and maintain the town’s wastewater treatment plant (WWTP). The contract was to last thirty years from the time the plant became operational in 1979.
Both the length of the WWTP contract and the responsible parties to that contract had already been established in the Federal part of this lawsuit, which began in 1996. Templeton Board of Sewer Commissioners vs American Tissue Mills of Massachusetts et. al; U.S. District Court Civil Action. No. 96-40140-NMG was that case. The case established as facts that Erving was a party to the contract and the contract ended 30 years from when the plant became operational in 1979.
The law firm of Merrick O'Connel Dimale out of Worcester handled the Federal part of the case for the Sewer Commissioners.
Attorney Joseph Hamilton who works for Merrick and O'Connel summarizes the case for the town in a letter sent to selectmen in 1999 (EHF).
In 1991 American Tissue Mills of Mass. bought the Baldwinville Products paper mill from Erving Paper Mills and took over the responsibilities for operation and maintenance of the Town’s WWTP. The law firm who represented the town’s interest in 1991 regarding the WWTP contract transfer was K&P specifically John Giorgio (EHF). This Assignee and Assumption Agreement in1991 (EHF) was a novation and therefore required the signatures of the original parties of the 1974 WWTP contract. The Town of Templeton and Erving Paper Mills were left off the new contract in 1991 by K&P.
Although the WWTP was in disrepair under Erving’s watch prior to 1991, American Tissue Mills let the plant continue to deteriorate. American Tissue also began taking in large amounts septage and other wastes from outside haulers. In November of 1992 a mixture of organic pesticide residues and acrylinitrile and
This is why K&P did not want to let go of our town as a client. There is so much these guys did wrong, Len's business would be greatly affected, and hopefully have to pay US DAMAGES. We cannot let this go. When you work for the town, that does not mean you work to cover some ones ass, at the expence of every man, woman, and child in this town. Let the government take this, and see what happens. You all need to know our new town council is the BEST MUNICIPAL LAWYER IN NEW ENGLAND. He has connections, I feel he will do what he can to make sure things are as fair as he can. Please, please come to the meeting Thursday night. It is the most important meeting we will have in the 250 year history of our town. Bev
ReplyDeleteThere is only one thing that needs to be answered before you vote for an investigation concerning the WWTP contract issue, Was Erving a party to the contract? If the answer is yes then the town has been cheated and the responsible parties need to be identified. This issue alone could drive the town into receivership.
ReplyDeleteYou know how some people cry poverty, but they are not really poor at all. Guess what guys, when I tell you this town is poor, I am not kidding. This is a slap in the face to all the people who tried to do what they could, to make this a good town to live in, the place you could feel safe in, and afford to have the things to make your life full. I did not think, any of those people would have dreamed that things could have gone so wrong. They have gone so, SO so, wrong! That being said, what do we do now? Eat the mistakes a few people have made,and try to dig ourselvs out of the hole we are in! Oh I said "MISTAKES" OH BOY, AM I A DUMMY, THESE WERE NOT MISTAKES!! We have paid alot of attention to the Waste water treatment plant, that was no mistake, no way, no how. The only mistake that was made, by K&P is they thought they could pull off this scam, shut down the investigation, and ride off into the sunset. My way of looking at this is Mr. Charlie Housen is as responsable to the Town of Templeton, as he was the day he signed that contract 30+years ago. THE FIRM OF K&P, HAVE DONE THE MOST TO HURT THIS TOWN, HANDS DOWN!! ETHICS, I GUESS LEN THINKS THESE ARE FOR EVERYONE ELSE TO FOLLOW! !! Ok now that is clear, what about 252 Baldwinville Rd.? How much chance we ever get our money back on that? Why in the world, would anyone with a brain in their head buy that dump, for 400,000., during this economy, seeing anyone would be so lucky to get half of that? Where did that money go? I would love to follow the money!! Maybe someone will!! That will be a good read, but YOU ALL KNOW YOU WON'T SEE THE TRUTH WRITTEN IN THE GSNOOS. WHY START NOW?? THE GSNOOS HAS NOT TOLD 'YOU THE PEOPLE' THE TRUTH ONCE, SO WHY DO YOU THINK THEY WILL STRART NOW? IT WILL BE A HAPPY DAY FOR ME, WHEN I SEE THEIR DOORS CLOSE. ALL OF THE THINGS THAT WE ARE ASKING TO BE LOOKED AT, UNDER ARTICLE 8 ARE THINGS THAT WE HAVE THE FACTS, TO PROVE WHAT WE ARE SAYING. IF THERE ARE NO PROBLEMS, LIKE JEFF SAYS, VOTE YES, THAT WILL KILL THE ELEPHANT IN THE ROOM AND WE CAN GO ON. WHAT EVER YOU DO, DON'T LET ANYONE CONN YOU INTO THINKING WE DO NOT NEED THIS INVESTIGATION!!!bEV
DeletePurchase of 252 Baldwinville Rd aka "The Boondoggle" was completed WITHOUT an appraisal or building inspection. The settlement statement for 252 Baldwinville Rd was completed by Shirrin Everett of Kopelman & Paige...settlement statement does NOT include an address never mind the parcel information.
ReplyDeleteCasella Settlement - why give back $369,000? without town meeting approval? really? Why?
Chapter 93 Acts of 2000 - aka "The Scam" Light and water just don't mix...so what is the proper procedure for combining two separate town departments?
WWTP lawsuit ....have you read all of these documents? Because there's lots more where these came from...
Please attend the STM on November 15th. Please support Article 8 - Attorney General Investigation.