Sunday, November 10, 2013

Town's increasing costs for legal bills questioned

Town's increasing costs for legal bills questioned

Kerry O'Brien
News Staff Writer

HUBBARDSTON — With Nov. 19 Special Town Meeting voters to be asked to approve providing an additional $22,000 to supplement the town’s $40,000 legal services fund, concerns are being raised about why relatively common lawsuits have required so much time and money.

“It doesn’t seem like anyone else is, but I’m beside myself,” said Finance Committee member and Zoning Board of Appeals Chairman Edward Blanchard. “These are costs that are cruel and unusual to the taxpayer.”

In recent years, the town has become involved with a higher number of cases than is typical, according to Town Administrator Anita Scheipers.


“Due to several active legal cases, we are experiencing higher than normal monthly legal bills, exceeding what was predicted for our fiscal year 2014 legal cost,” she said. “This article will appropriate additional money to get us through the fiscal year.”

Currently, four cases are ongoing. They concern a dog license violation, automotive dealer license violations, a transfer of town-owned property and an appeal of a previous decision on a radio tower.

During the discussion of the town’s ongoing legal matters, Selectman Christopher Norcross expressed his desire for the town to discontinue several proceedings.

“We spent enough money on the church and the dogs,” he said. “Can we stop spending money on these cases?”

Ms. Scheipers indicated that several cases are nearing a close, while others remain ongoing.

Mr. Blanchard questioned why the cases are taking so long, and stated that he would like an explanation from town counsel Kopelman & Paige.

“These aren’t difficult cases,” he said. “(Kopelman & Paige) should give a reason why it’s taking so long. I think we should ask Kopelman & Paige to process these cases on a pro-bono basis."

Mr. Blanchard also questioned why the town doesn’t work with a local legal firm.

“What can we do in the future to control cases before they become $29,000 to $30,000?” he said. “We can put out a bid for legal services and we’re not mandated to chose the lowest bidder. There are lots of local municipal attorneys ... Kopelman & Paige does two-thirds of the state.”

The Board of Selectmen did not take a vote regarding the matter.

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Speaking of Kopelman & Paige.... please review

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252 Baldwinville Road

These documents relate to the Municipal building Project at 252 Baldwinville Road.  Please click on the “blue links” and the documents will open up in a new window.


General Ledger accounts  for total cost of 252 Baldwinville Rd $761,042 including interest

K & P checklist for purchasing a municipal building



Municipal Lien certificate assessed value $366,650

Appraisal – not done

Building Inspection – not done



Settlement Statement – what did the town purchase for $399,925? Why is it higher than                                   assessed value?

E-mail as an Invoice – Who allows the release of $399,925 on the basis of an e-mail?

This e-mail thread  - electronic correspondence regarding USDA loan and 252 Baldwinville Rd.

USDA loan applicationWhen did the BOS vote to apply for a USDA loan?

The Obligation of funds  - also signed by GPS. On whose authority?

Columbus letter to USDA – all communication through BC w/o a vote by the BOS

Municipal sub-bids – total cost of project now over 3 million + invoice for desks

Phase II  21E – Why was this 21E done AFTER the purchase and by the Town? Against K&P's own checklist for purchasing a municipal building.

Election results for override for 252 Baldwinville Rd (Feb 6, 2012) 934 NO 

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Kopelman & Paige Invoices

Templeton –
Legal services prior to K&P rehire in February 2012

Blatman, Bobrowski & Mead           $ 5,535.00**

K&P Legal services:

Legal services for February  2012   $5,097.55

Legal services for  March 2012       $7,417.47

Legal services for  April 2012          $4,289.47

Legal services for  May 2012           $7,986.67

Legal services for  June 2012          $120.88

**In February 2012 the total cost of legal expense was $10,632.55. Watch the re-hire of Kopelman & Paige…forthwith.

$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$

Winchendon –


March $7,417.47
April    $4,289.47
May     $7,986.67

In my opinion, it doesn't hurt to do an RFQ for town counsel.

My opinions...supported by FACTS ! ! !

Julie Farrell

 

2 comments:

  1. As we look at these bills and other towns costs of legal fees our light and water commission is letting our pocket be picked also by someone who can't read a law put in front of him. Mr Driscoll just paid 2,728.28 for fees related to a law that require all contracts of 5,000.00 or more to be open for public view and kept in a binder to view during normal business hours. Mgl 164 sec.56c given to him by me 2 months ago and asked prior to that about where they were and he went off in a rant in front of the commission and didn't even get their attention . Our commission has failed even the simplest tasks and are nothing but a rubber stamp for the law breaking General Manager. They are as much at fault as he in this and soon the facts are to be out for the public to question why we don't have the rights we are allowed by the laws that govern the Light and Water commission and when brought to their attention just do nothing to comply with the law. Are they hiding Illegal contracts? Are they open and truthful as we have been told ?
    $2,728.28 makes me wonder and it should you also.
    Your Light BILLS and Water BILLS will soon be increased to allow more radical spending in a department not under control of the commission we have elected.

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    Replies
    1. The best move the voters of this town ever made was to get rid of Kopelman and Page. This is a very powerful law firm, but that does not mean we need them. They said they did not work for the whole board of Selectmen, and it became very clear they were not working for the people in this town. The people in Hubbardston need to give them the boot, right out of the door. Dave is right about our Light and Water business. Oh, did I say OUR ?? We may need to take control of them back, as the Commissioners do not think they owe the town anything other than keeping the lights on and the water running !! Dave is also right about the rates. Keep your eye on your bill because the new rate study was done, so I am figuring the good old boys are due to slide in a rate hike, any time now. The economy has had a effect on how much electricity and water was used because of the number of empty homes in town. Now you would think the people in charge of these departments would cut back on their expenses, to kind of offset these losses. That is what most businesses would do, but not these guys. They will feel justified to raise the rates, or if they can't do that, plan on a increase in one of the extra charges because they can legally do that. I hope everyone has learned what having too much trust will get you in the end...Maybe it is true that nice guys finish last, so it pays to be aware of what goes on, and never feel foolish about asking questions. Enjoy the day, and a huge THANK YOU TO THE PEOPLE WHO FOUGHT FOR OUR RIGHT TO FREE SPEECH, AND TO KEEP OUR COUNTRY FREE.!! Have a good Veterans Day, Bev.

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