Itr may 15

Choosing ChelmsfordChoosing Chelmsfordby Timothy McIlvenna

11 Brook Street

II choose Chelmsford.

II choose to celebrate that we have come through what we think is the worst of the

economic crisis, and are now increasing services where possible, including lifeguardsat the beaches and more hours at McKay.

II choose to support and treasure the volunteers - the MANY volunteers - who help

this community in so many ways.

II choose to participate in town government, knowing that town government is not a

spectator sport.

II choose to communicate directly with our volunteers, appointed and elected

officials, and town administration, even when I disagree, so that communication CAN be dialog, and that mutual respect and understanding can prevail.

II choose to support our teachers and administration, and take the time every so

often when they go above and beyond to send emails praising them, copying theirleadership, so they know how much their efforts are appreciated.

II choose to watch closely the actual meetings that occur, and not just read about

them in blogs or mailings.

II choose to commend those that work tirelessly to ensure Chelmsford gets its due

for grant money, so that our town can be improved beyond what our local funding canprovide.

II choose to try to attend many great events in Chelmsford like parades, breakfasts,

book sales, concerts on the common and many of the other offerings that Chelmsfordhas each week.

II choose to believe we will move beyond recalls and

mailings, and spend our collective limited resources to move us forward, to increaseour sense of community, to continually restore the Lion's pride, to be sires that willwin more, and children that will truly guard what has already been won.


POLITICALLY INCORRECTwith TOM CHRISTIANO

Politically Incorrect 16th Anniversary Show,

taped on April 26, 2011,

with (L to R) Town Manager Paul Cohen,

Planning Bd Chair Sue Carter, Show Host Tom Christiano, School Comm Chair Janet

Askenburg & Selectmen Chairman George Dixon.

Topics included the current Town Meeting, the recall petitions,

9 North Road & the Fire Station.

A very interesting & informative show.

CLICK HERECLICK HEREfor showfor show

http://www.viddler.com/explore/intownreport/videos/17/



Chelmsford SSooaapp OOppeerraa CentralMcClure: 14 Day Window for Recall Has Not Started YetA letter from Richard McClure to the Town Clerk.www.chelmsford.patch.comApril 21, 2011

Dear Ms. Delaney,

Please be advised that this office represents Mr. RolandVan Liew and other registered voters who are signatorsto the recent recall affidavits for Jon Kurland, GeorgeDixon, Matthew Hanson and Patricia Wojtas. As you arewell aware, Mr. Van Liew caused to be delivered to youroffice numerous pages of affidavits petitioning for the re-call of these Selectmen pursuant to section 3-12 of theChelmsford Town Charter on April 19, 2011. For more article click here

Cohen: Town is Adhering to Recall BylawsTown Manager Paul Cohen said the town is act-ing within the bylaws and the 14-day window forthe selectmen recall to collect signatures startedTuesday.By Krista Perry www.chelmsford.patch.comApril 21, 2011

Town Manager Paul Cohen today said the town isacting within the bylaws regarding the process for re-calling four selectmen.

On Tuesday, Roland Van Liew completed the firststep of the recall process and returned affidavits with25 signatures from each of the town's precincts to re-call four selectmen. Now, he has 14 days to collectsignatures from 10 percent of the town's voters toforce a recall election.

In a letter from Richard McClure, Van Liew's lawyer,to Town Clerk Elizabeth Delaney and Town ManagerPaul Cohen, McClure asserts For more article click here

Recall proponent blasts Recall proponent blasts

Chelmsford petition time ruleChelmsford petition time rule

By Rita Savard, [email protected]/22/2011 www.lowellsun.comCHELMSFORD -- A race against the clock to recall four selectmenhas one resident locking horns with town officials over the law.

Businessman Roland Van Liew turned in the required 25 signa-tures from each of the town's nine voter precincts Tuesday, jump-starting the recall. Once the signatures are certified, the townclerk must issue petitions in the name of each person targeted forrecall.

Van Liew is accusing Selectmen Matt Hanson, Jon Kurland,George Dixon and Pat Wojtas of failing to uphold the law by nottaking to court an alleged violation of a preservation restriction ona 9 North Road building project.

But Richard McClure, Van Liew's attorney, said yesterday that hisclient has a dilemma. Van Liew has 14 days to collect about 2,400signatures, 10 percent of registered voters townwide, to trigger aspecial election. But that clock started running on Tuesday whenthe affidavits were filed -- and the town has not issued the formalpetition forms that must be used, McClure said.

McClure said the clock shouldn't begin ticking until his client hasthe official paperwork required to gather signatures.

"Theoretically, your office could take 13 days to prepareTheoretically, your office could take 13 days to prepare

and deliver the blank original petitions; leaving myand deliver the blank original petitions; leaving my

clients only one day to obtain signatures from 10 perclients only one day to obtain signatures from 10 per--

cent of the town's voters,cent of the town's voters," McClure wrote in a letter to TownClerk Betty Delaney. "It is my opinion the correct interpreIt is my opinion the correct interpre--

tation of (the bylaw) is that the filing of the signedtation of (the bylaw) is that the filing of the signedFor more article click here

Superior Court Judge Restarts Recall ClockThe judge today decided the 14-day window forRoland Van Liew to collect signatures from 10 percent of the town's voters will start today.By Krista PerryApril 22, 2011www.chelmsford.patch.com

A Middlesex Superior Court Judge this afternoon ruled that the 14-daywindow for Roland Van Liew to collect signatures from 10 percent of thetown's voters will start today. Van Liew is trying to recall four selectmen.

Richard McClure, Van Liew's attorney, brought the case to court in an ef-fort to seek an injunction on the grounds that the 14-day time periodshould start when the lead petitioner receives the blank petitions onwhich to collect signatures, and not when the initial 25 signatures to startthe recall process were turned in, which was Tuesday.

"(The judge) reset the clock today,"(The judge) reset the clock today," said Town Manager PaulCohen. "He also determined the town clerk’s preparation of reHe also determined the town clerk’s preparation of re--

call blanks met the requirements for delivery, so she doesn’tcall blanks met the requirements for delivery, so she doesn’t

have to do anything beyond that despite the assertion shehave to do anything beyond that despite the assertion she

had to deliver petitions to all the people who (initially)had to deliver petitions to all the people who (initially)

signed it.signed it."For more article click here

A Letter from Richard McClureMcClure addresses the town manager, selectmen and residents.April 24, 2011www.chelmsford.patch.comOpen Letter to the Residents of Chelmsford, Town Manager, PaulCohen, and the Chelmsford Board of Selectmen

As you are all well aware, the town manager has filed a complaintagainst me with the State Ethics Commission. As Mr. Cohen takes hisdirection from the Board of Selectmen, I must presume the Board iscomplicit in his decision regarding same. Not having received the pro-fessional courtesy of a copy of said complaint, I will have to accept Mr.Cohen’s explanation for his reasoning which he delivered to me vialive commentary on last Saturday’s WCAP morning show.

Apparently, Mr. Cohen feels that I am in violation of state and localethics regulations which purport to prevent an elected public officialfrom acting as the attorney for parties who wish to bring legal actionagainst the Town. Obviously, Mr. Cohen is referring to my representa-tion as the attorney for myself, my family and over 400 voters from thetown of Chelmsford in a recent Petition for Preliminary Injunction filedin Middlesex Superior Court.

Contrary to Mr. Cohen’s selective version of the facts, I do not repre-sent anyone seeking the recall of 4 current members of the Board ofSelectmen. I represented myself, my family and over 400 Chelmsfordvoters who For more click here

Another injunction filed in recall effortKevin Zimmerman/Staff Reporter • Tue, Apr 26, 2011www.chelmsfordmassnews.com

The selectmen recall case returns to court later today over the issueof how many blank petitions the town must supply to recall support-ers.In a letter addressed to Middlesex Superior Court Assistant ClerkMartha Brennan, Attorney Richard McClure argues the time con-straints in place to collect the nearly 2,500 required signatures meansmore than 700 blank petitions - for each of the selectmen - deliveredby the town is inadequate."Plaintiffs contend that the 700 blank petitions already dePlaintiffs contend that the 700 blank petitions already de--

livered to the signatories to the recall affidavits is insuffilivered to the signatories to the recall affidavits is insuffi--

cient given the fact that there are over 22,000 registeredcient given the fact that there are over 22,000 registered

voters in the Town of Chelmsford and less than 14 daysvoters in the Town of Chelmsford and less than 14 days

during which to collect signatures. Plaintiffs wish to soduring which to collect signatures. Plaintiffs wish to so--

licit signatures by forwarding petition blanks to registeredlicit signatures by forwarding petition blanks to registered

voters via the U.S. mail, at their own expensevoters via the U.S. mail, at their own expense," wrote Mc-Clure.For more article click here

The Story Thus FarThe Story Thus Far

http://chelmsfordmassnews.com/another-injunction-filed-in-recall-effort-p2665-1.htm

http://chelmsford.patch.com/articles/a-letter-from-richard-mcclure

http://chelmsford.patch.com/articles/superior-court-judge-restarts-recall-clock

http://www.lowellsun.com/todaysheadlines/ci_17907296

http://chelmsford.patch.com/articles/cohen-town-is-adhering-to-recall-bylaws

http://chelmsford.patch.com/articles/mcclure-14-day-window-for-recall-has-not-started-yet

Two sides argue over recall signaturesTwo sides argue over recall signaturesBy Monica Jimenez / Wicked Local Chelmsford

GateHouse News ServiceApr 27, 2011

www.wickedlocal.com/chelmsford

Chelmsford — Selectman Jon Kurland.is raising the question of whether local businesses should toleraterecall petition canvassers on their premises. But according to recall leader Roland Van Liew, the signaturecollectors are doing nothing wrong – and as a state Civil Liberties Union attorney sees it, neither Kurlandnor Chelmsford store managers are in a position to stop them.

Signature collectors have been sighted at Drum Hill Road businesses, local supermarkets and stores likeCVS. An info sheet these out-of-town petitioners have been handing out refers prominently to a controver-sial 9 North Road building project.

Kurland claimed because the petitioners are being paid, they are not showing residents what they’re sign-ing, misleading them about what the recall would do, or distracting them with an emotional issue. Peoplehave come to him asking how to combat the recall, Kurland said, and he has suggested they contact storemanagers and discuss the petitioners’ presence.

“There are times when it’s appropriate for businesses to look at what people are doing,There are times when it’s appropriate for businesses to look at what people are doing,”Kurland said.Petitioners are exercising their right to free speech by approaching people outside these stores, he said,but so is a person holding a graphic anti-abortion or pro-death-penalty poster – or a person holding a signto boycott the store. Managers might take issue with this behavior, Kurland said, and they should view therecall effort in the same light.

“These are outsiders trying to destroy our town,These are outsiders trying to destroy our town,” Kurland said. “A recall effort would crippleA recall effort would cripple

us.us.”Van Liew maintained the recall is a vehicle for residents to remove officials they nolonger support from Town Hall. He referred specifically to Town Manager Paul Cohen.

“The out-of-towners who are gathering signatures are giving voters theThe out-of-towners who are gathering signatures are giving voters the

chance to assert their will,chance to assert their will,” Van Liew said. “The out-of-towner in TownThe out-of-towner in Town

Hall is thwarting the voters’ will.Hall is thwarting the voters’ will.”

Van Liew said the petitioners are professionals who have been instructed to informresidents of what they’re signing and they have no reason to lie.

Kurland’s approach to the petitioners has drawn another kind of criticism. Although hesaid he used the word “boycottboycott” purely in the context of persuasive rhetoric, he has also reminded peoplethey have the right to stop shopping at a store to express disapproval of petitioners.

State Civil Liberties Union attorney Sarah Wunsch said freedom of speech may be a protected right, butKurland’s words in this case may raise concerns because he is a selectman.

“He has coercive authority,He has coercive authority,” Wunsch said.

She also referred to the legal case Batchelder v. Allied Stores International, in which a court upheld a citi-zen’s right to collect signatures in a large shopping mall. It is possibleChelmsford’s supermarkets could get in trouble for heeding advice to removepetitioners, Wunsch said.

“If he [Kurland] puts pressure on local businesses and causesIf he [Kurland] puts pressure on local businesses and causes

them to stop someone else from collecting signatures, it couldthem to stop someone else from collecting signatures, it could

be an Article 9 case,be an Article 9 case,” Wunsch said.

Article 9 of the state constitution guarantees equal access to the ballot.

Copyright 2011 Chelmsford Independent. Some rights reserved

Roland Van Liew

Jon Kurland

Agreement reached over recall petitionsKevin Zimmerman/Staff Reporter • Thu, Apr 28, 2011

www.chelmsfordmassnews.com

Although he prepared to argue his client should be given more recall petitions, Attorney Richard McClure and the townreached an out-of-court settlement Tuesday."The clerk will accept exact duplicates,The clerk will accept exact duplicates," said Town Manager Paul Cohen.

Town Clerk Betty Delaney provided Roland Van Liew with 700 petitions for each of the four selectmen involved in the re-call. McClure argued time constraints in place to collect the nearly 2,500 required signatures made the 2,800 issued inad-equate.

"Plaintiffs contend that the 700 blank petitions already delivered to the signatories to the recall affiPlaintiffs contend that the 700 blank petitions already delivered to the signatories to the recall affi--

davits is insufficient given the fact that there are over 22,000 registered voters in the Town of Chelmsdavits is insufficient given the fact that there are over 22,000 registered voters in the Town of Chelms--

ford and less than 14 days during which to collect signatures. Plaintiffs wish to solicit signatures byford and less than 14 days during which to collect signatures. Plaintiffs wish to solicit signatures by

forwarding petition blanks to registered voters via the U.S. mail, at their own expenseforwarding petition blanks to registered voters via the U.S. mail, at their own expense," McClure wrote tothe court on Tuesday.

Because the petitions were numbered the clerk did not think she could accept photocopies of the originals, said Cohen.Town Counsel Kopelman & Paige reached an agreement with McClure over allowing copies.McClure also dismissed claims of "a smoking gun" surrounding an e-mail he sent to both town counsel and Epsilon GroupLLC's lawyers last fall. For more click here

Filing pushes for immediate recall voteKevin Zimmerman/Staff Reporter • Mon, May 02, 2011

www,chelmsfordmassnews.com

Attorney Richard McClure plans to argue before a Middlesex Superior Court judge Monday that Chelmsford officials' ac-tions have irreparably harmed the recall effort to the point where an election should be scheduled immediately.McClure believes elected and appointed officials worked to "thwart the recall effortthwart the recall effort" and violated recall supporters'First Amendment rights to collect signatures.This third injunction requesting an immediate recall election or at least giving proponents an additional 14 days to obtainsignatures follows McClure's earlier ones aimed at establishing when the 14-day collection period begins and whether pe-titioners can turn in photocopied forms."It's kind of three strikes and you're out,It's kind of three strikes and you're out," McClure said Saturday afternoon.The latest filing, on behalf of "all registered voters of Chelmsford," claims Board of Selectmen member Jon Kurland vio-lated Article 9 of Massachusetts' Declaration of Rights by "denying equal access to the ballotdenying equal access to the ballot."For more article click here

Court issues order against town in recallPublished • Tue, May 03, 2011


A Middlesex Superior Court judge issued a restraining order Tuesday morning and ordered Chelmsford officials to stop in-terfering with the recall effort.The judge also extended the deadline to collect signatures until midnight on May 11."I imagine they'll appeal it,"I imagine they'll appeal it," said Attorney Richard McClure. "I'd be willing to be they'll appeal it.I'd be willing to be they'll appeal it."Town Manager Paul Cohen said town counsel plans to appear in court later this afternoon.Read the restraining order here. CLICK HERE for the restraining order here.

Next court battle scheduled for recall effortBy Monica Jimenez / Wicked Local Chelmsford

GateHouse News ServiceMay 03, 2011


Chelmsford —The next court battle over an effort to recall four Chelmsford selectmen will be fought Thursday, May 5 at 10 a.m.The following day, May 6, is Chelmsford resident Roland Van Liew’s deadline to collect enough signatures to recall select-men George Dixon, George Kurland, Pat Wojtas and Matt Hanson. He must have the names of 10 percent of Chelms-ford’s registered voters to call a special election for the selectmen’s removal.A court granted an order Tuesday giving Van Liew until May 11 to get the signatures, but took it back a few hours later.The legal skirmish began when Van Liew, represented by local attorney and Planning Board member Richard McClure,claimed attempts to gather signatures were obstructed by the actions of Selectman Kurland, Town Clerk Betty Delaney,Town Manager Paul Cohen and George Dixon.The argument was largely based on a statement Kurland made last week: He suggested people contact store managersto discuss the presence of petitioners on their premises. Van Liew and McClure said this violated the right of equal access

http://chelmsfordmassnews.com/court-issues-order-against-town-in-recall-p2690-1.htm

http://chelmsfordmassnews.com/filing-pushes-for-immediate-recall-vote-p2683-1.htm

http://chelmsfordmassnews.com/agreement-reached-over-recall-petitions-p2676-1.htm

to the ballot.Middlesex Superior Court ordered the deadline to collect signatures extended from May 6 to May 11 and summoned thefour defendants named in Van Liew’s action to a May 11 hearing. The court also issued a restraining order forbidding theofficials from interfering with signature-gathering efforts.“I fully expect that the defendants will continue to waste more taxpayers’ money in appealing this deciI fully expect that the defendants will continue to waste more taxpayers’ money in appealing this deci--

sion; further evidence that they will stop at nothing to prevent a legitimate, constitutionally-protectedsion; further evidence that they will stop at nothing to prevent a legitimate, constitutionally-protected

recall electionrecall election,” McClure said in a statement shortly after the decision was handed down.He was right in one sense: Town counsel reacted quickly, arguing against the deadline extension and Van Liew’s claims onTuesday afternoon. The judge decided to vacate the order and scheduled a Thursday morning hearing to address VanLiew’s complaint with all parties present.Cohen said this new development will cost the town a good deal more in legal fees, but added at least part of it could havebeen avoided.“We were not given proper noticeWe were not given proper notice,” he said Tuesday afternoon, referring to that morning’s hearing. “Otherwise, itOtherwise, it

probably would have been resolved today. The judge could only go on one side of the story, which ledprobably would have been resolved today. The judge could only go on one side of the story, which led

to the doing and undoing of the order. It’s unfortunate because I would have liked to resolve thisto the doing and undoing of the order. It’s unfortunate because I would have liked to resolve this

sooner.sooner.”Copyright 2011 Chelmsford Independent. Some rights reserved

Judge to Decide Today on RecallA superior court judge heard from both the town and Richard McClure today.

By Krista Perry 5/5/11

www.chelmsford.patch.com

A superior court judge today will issue a ruling on an injunction and other pleadings from Richard McClure, who today saidhe was acting as his own attorney.

Attorney Spencer Kimball accompanied McClure to court today. Kimball said he was representing Roland van Liew.

Roland van Liew seeks to recall selectmen Jon Kurland, Pat Wojtas, George Dixon and Matt Hanson. McClure has raisedquestions over the 14-day window to collect those signatures, how many petitions the town should provide and who theyshould be provided to.

Today in court the town's counsel Kopelman and Paige told the judge it is illegal for McClure, who is an elected official tothe Planning Board, to represent someone else in a case against the town. Though Kimball came to court today, the townsaid, all affidavits McClure has submitted have been on behalf of Roland van Liew.

McClure argued he has his first amendment rights to fight a case in court and appear on behalf of himself in a case againstthe town.

The town also argued McClure did not provide timely notice of court appearances and did not provide important docu-ments to them. The town also said some documents were given to the media before counsel had a chance to see them.

Judge Herman Smith said McClure was "walking a fine linewalking a fine line" and "was never clear about his rolewas never clear about his role" in the proceedings.

McClure also argued Selectman Jon Kurland had been interfering with the signature-gathering process by calling storemanagers and asking workers be removed when they have the right to be there. McClure said Kurland told people to boy-cott the stores the signature takers stood outside of.

"He's using his authority as a selectman,He's using his authority as a selectman," said McClure.

Judge Smith said Kurland's opposition to his own recall is not illegal.

"I find you intolerable,I find you intolerable," Judge Smith said of McClure at one point in court.

The judge will make a decision on the matter today. Check Chelmsford Patch for the latest on this case.

Ruling due today on latest recall suitRuling due today on latest recall suitKevin Zimmerman/Staff Reporter • Thu, May 05, 2011


Middlesex Superior Court Judge Herman Smith Jr. promised a ruling today on a motion to dismiss the ongoing court caseover Chelmsford's selectmen recall effort.During Thursday morning's hearing, Smith offered searing criticism of how Attorney Richard McClure has litigated his caseagainst town officials including Town Manager Paul Cohen and Town Clerk Betty Delaney.Smith questioned why McClure neglected to serve the town properly through Delaney's office with every new developmentand claim.

"This is the most unseemly case I've seen in 21 years on the bench,This is the most unseemly case I've seen in 21 years on the bench," said Smith. "I'm not going to tolerateI'm not going to tolerate

gross and unprofessional conduct on your part. You walk a very fine line and I find it intolerable. I wasgross and unprofessional conduct on your part. You walk a very fine line and I find it intolerable. I was--

n't born yesterday.n't born yesterday."

Following the hearing, McClure said the town and its lawyers Kopelman & Paige received notice every time he filed a motion with the court.

"These are emergency filings,These are emergency filings," said McClure. "I'm not going to send them through Betty Delaney's office.I'm not going to send them through Betty Delaney's office."Kopelman & Paige attorney Jonathan Silverstein rejected McClure's claim of notification.

"We've never seen the first amended complaint,We've never seen the first amended complaint," said Silverstein. "This is a violation of the rules of civilhis is a violation of the rules of civil

procedure. Attorney McClure has blurred the lines all along. The rules of procedure appear to meanprocedure. Attorney McClure has blurred the lines all along. The rules of procedure appear to mean

nothing to him. The rules of professional conduct mean nothing to him.nothing to him. The rules of professional conduct mean nothing to him."

Silverstein went on to say McClure's lawsuits have less to do with protecting the rights of Chelmsford voters than providingpublicity to the plaintiffs and their lawyer.

He pointed to actions from Delaney's office - which he said dropped everything as it prepared forTown Meeting to certify recall affidavit signatures and issue petitions - as proof town officials neverattempted to hamper the recall effort.

"There has been no interference from town officials. They have bent over backThere has been no interference from town officials. They have bent over back--

wards,wards," said Silverstein. "They (plaintiffs) wanted it to go to court. They wanted toThey (plaintiffs) wanted it to go to court. They wanted to

wave their flag in the media.wave their flag in the media."

McClure believes officials interfered with every step of the process. He wanted to know why thetown didn't adopt a passive defensive - what it does if someone files a suit against one of Chelms-ford's elected boards.

"This is about four selectmen being recalled. The town as an entity has no interestThis is about four selectmen being recalled. The town as an entity has no interest

in this,in this," said McClure. "From the chain of command at the top - selectmen and theFrom the chain of command at the top - selectmen and the

town manager, who reports to the selectmen - we have an active demonstration to fight a legitimate retown manager, who reports to the selectmen - we have an active demonstration to fight a legitimate re--

call election.call election."

The judge disagreed with McClure's assessment specifically because the town is listed as a defendant in the case.

"The town can't defend itself?The town can't defend itself?" asked Smith. "You get to dictate their strategy as well?You get to dictate their strategy as well?"

Smith also questioned why the plaintiffs continued to claim town officials used their positions of authority to thwart the re-call effort. McClure argued Selectman Jon Kurland sent e-mails and letters to media outlets in which he urged residents tocomplain about petition signature gatherers outside local stores by contacting those businesses’ corporate offices andthreatening to boycott if petitioners were not removed.

"Selectmen were expressing their own opinions; they have a First Amendment right to do that,Selectmen were expressing their own opinions; they have a First Amendment right to do that," saidSmith. "Selectman Kurland is urging people not to sign. Why is that illegal?Selectman Kurland is urging people not to sign. Why is that illegal?"

Such a tactic, said McClure, constituents an illegal action because Kurland used his position of authority to impede the re-call effort.

With a limited time frame to gather names on a petition, when signature gatherers were chased off a commercial property -which McClure said is a violation of their First Amendment rights - the recall effort is harmed.

Smith also questioned that argument.

If petitioners were worried about not having enough time to collect signatures, why did they pick up only two of the 700(per selectman) petitions on Good Friday? The balance of the petitions remained at the Town Clerk's Office until the dayafter Easter.

"What about the three and a half days you sat on your hands?What about the three and a half days you sat on your hands?" asked Smith.

Once the hearing concluded, lead plaintiff Roland Van Liew said he picked up two petitions on Good Friday, because ontwo petitions included his name as a signer of an affidavit. Van Liew said he was intimated by Delaney when seeking theadditional petitions.

Van Liew said he asked Delaney to provide 3,000 (per selectman) petitions and was told that wasn't going to happen. ForVan Liew, the town only followed through on what the charter requires it to do after he filed or threatened to file a lawsuit.

"This is how they impede me,This is how they impede me," said Van Liew.

Failing a dismissal from Smith, town counsel also filed a motion to disqualify McClure from representing anyone in the re-call effort. As a municipal employee, which he is as an elected member of the Planning Board, McClure cannot be involvedin court proceedings that impact Chelmsford, town counsel said.

Richard Richard

McClureMcClure

UPDATED: Court Sides with Town, Denies InjunctionThe recall petitioners have until 5 p.m. today to file their signatures to force an election.



The court has denied an injunction by Richard McClure, siding with the town.

Yesterday the town and Richard McClure and Spencer Kimball argued their stances in court regarding the recall of fourselectmen. McClure said he was representing himself during court while Kimball was representing Roland Van Liew, leadrecall petitioner.

Van Liew is trying to recall Selectmen Matt Hanson, Pat Wojtas, Jon Kurland and George Dixon. In court McClure raisedquestions about when the 14-day clock to collect signatures started as well as how many petitions should be provided toVan Liew.

The judge also orders McClure "not communicate directly with any defendant in this matter except throughnot communicate directly with any defendant in this matter except through

counsel for the other plaintiffs or directly to defendant's counsel. The defendant's request for sanccounsel for the other plaintiffs or directly to defendant's counsel. The defendant's request for sanc--

tions is DENIEDtions is DENIED."

McClure said he disagrees with the judge's ruling.

"I cannot agree with one iota of it. Judges are incorrect on enough occasions that we have TWO levelsI cannot agree with one iota of it. Judges are incorrect on enough occasions that we have TWO levels

of appellate courts,of appellate courts," said McClure in an e-mail. "Apparently, the point (sufficient signatures) is moot as weApparently, the point (sufficient signatures) is moot as we

have more than enough signatures for a recall of all 4 Selectmen. I will most likely file a motion for have more than enough signatures for a recall of all 4 Selectmen. I will most likely file a motion for

reconsideration before appeal on the other issues.reconsideration before appeal on the other issues."

Read Superior Court Judge Smith's ruling:

"This Court DENIES the plaintiffs' Emergency Motion For Further Injunctive Relief for the following reasons. The plaintiffsclaim in their Emergency Motion that the defendant Town of Chelmsford (Town), two selectmen, Jon Kurland, GeorgeDixon, and the town manager, Paul Cohen have been interfering with the plaintiffs' right to petition for signatures in theireffort to obtain sufficient signatures to proceed with a recall vote against four selectmen, including Jon Kurland andGeorge Dixon.

This Court finds that the plaintiffs do not have a likelihood of success on the merits.

Based upon the evidence before the Court, the individuals were exercising their constitutional right of political speech invoicing opposition to the recall vote petition efforts. None of the individuals were speaking for the Town. There is not oneiota of evidence indicating that the Town did anything to hinder or impair the recall petitioning effort nor is there any evi-dence that Court finds that the plaintiffs' allegations are wholly lacking in merit.

2. ORDER ALLOWING Defendant's Emergency Motion to Disqualify.

Plaintiffs' Counsel. After hearing this Court ALLOWS the Defendant's Emergency Motion to Disqualify Plaintiffs' Counselupon the following grounds. As clearly and accurately set out in the defendant's motion and supporting memorandum,which this Court adopts in its entirety,

Attorney Richard P. McClure is an elected and sworn member of the Chelmsford Planning Board and, as such, is a mu-nicipal employee within the meaning of G.L. c. 268A. Under G.L. c. 268A, Section 17(c): No municipal employee shall,otherwise than in the proper discharge of his official duties, act as agent or attorney for anyone other than the city or townor municipal agency in prosecuting any claim against the same city or town, or as agent or attorney for anyone in connec-tion with any particular matter in which the same city or town is a party or has a direct and substantial interest. In thiscase, Attorney McClure has filed pleadings on behalf of all the plaintiffs, all of whom are prosecuting claims against theTown. This constitutes a knowing violation of the conflicts of interest law enunciated in G.L. c. 268A, Section 17(c). Thelatest example of Attorney McClure's violation is the so-called "Plaintiffs' First Amended Petition for Certiorari, Petition forWrit of Mandamus, Complaint for Declaratory Judgment and Preliminary Injunctive Relief'(1) Paper #8 on the Court'sdocket (First Amended Complaint) which is signed by Richard P. McClure both as a Pro Se partyplaintiff and as attorney.No attorney for the other plaintiffs is named nor signed the First Amended Complaint. On this basis as well party in thismatter. Attorney Richard P. McClure, may, of course, represent himself.

Further, any other pleading filed by AttorneyRichard P. McClure in his supposed capacity as counsel for the other plaintiffsin this matter is hereby STRICKEN.

Further this Court ORDERS that Attorney Richard P. McClure shall not communicate directly with any defendant in thismatter except through counsel for the other plaintiffs or directly to defendant's counsel. The defendant's request for sanc-tions is DENIED."

RReeccaall ll ppeett ii tt iioonnss ff ii lleedd wwii tthh TToowwnn CClleerrkkBy Monica Jimenez / Wicked Local Chelmsford



Chelmsford —Signatures to recall four Chelmsford selectmen were submitted to the Town Clerk today at about 4 p.m. Chelmsford resi-dent Roland Van Liew, who is leading the effort to recall selectmen George Dixon, Jon Kurland, Pat Wojtas and Matt Han-son, turned in the papers with one hour to spare before the 5 p.m. deadline.

Town Clerk Betty Delaney must now make sure all the signers are registered Chelmsford voters from the correctprecincts, and that 10 percent of registered voters have signed. The town charter gives the Board of Registrars five daysto complete this process, according to Town Manager Paul Cohen.

Once the signatures are certified, a special election will be called so voters can decide whether to remove the four select-men from their positions. Earlier today, a court granted and then rescinded a deadline extension for the recall effort. Localattorney and Planning Board member Richard McClure, who was representing Chelmsford resident and recall leaderRoland Van Liew, appeared in court Tuesday morning, claiming town officials interfered with the signature collectionprocess. The complaint specifically named Selectman Kurland, Town Clerk Betty Delaney, Town Manager Paul Cohen andSelectman George Dixon.

The argument was based on a statement Kurland made last week: He suggested people contact store managers to dis-cuss the presence of petitioners on their premises. Van Liew and McClure said this violated the right of equal access tothe ballot.

“Our town manager and selectmen have made it crystal clear that they don’t want residents to have aOur town manager and selectmen have made it crystal clear that they don’t want residents to have a

chance to vote disapproval of their unethical and unlawful behavior, but the recall petition is going tochance to vote disapproval of their unethical and unlawful behavior, but the recall petition is going to

give Chelmsford's voters that opportunity,give Chelmsford's voters that opportunity,” Van Liew said Tuesday.

Middlesex Superior Court ruled that day to give Van Liew until May 11 to get the signatures, but rescinded the order a fewhours later pending a hearing Thursday. Ultimately, the judge decided Kurland had not broken any rules.

“Based upon the evidence before the Court, the individuals were exercising their constitutional right ofBased upon the evidence before the Court, the individuals were exercising their constitutional right of

political speech in voicing opposition to the recall vote petition efforts. None of the individuals werepolitical speech in voicing opposition to the recall vote petition efforts. None of the individuals were

speaking for the Town,speaking for the Town,” read the ruling, issued Friday afternoon. “There is not one iota of evidence indicatingThere is not one iota of evidence indicating

that the Town did anything to hinder or impair the recall petitioning effort nor is there any evidencethat the Town did anything to hinder or impair the recall petitioning effort nor is there any evidence

that anyone was using Town resources or personnel to do so. In short this Court finds that the plainthat anyone was using Town resources or personnel to do so. In short this Court finds that the plain--

tiffs’ allegations are wholly lacking in merit.tiffs’ allegations are wholly lacking in merit.”

The court also ordered McClure disqualified as counsel for Van Liew, ruling that because he holds a position on a townboard, he has a conflict of interest.

“In this case, Attorney McClure has filed pleadings on behalf of all the plaintiffs, all of whom are proseIn this case, Attorney McClure has filed pleadings on behalf of all the plaintiffs, all of whom are prose--

cuting claims against the Town,” reads the ruling. “This constitutes a knowing violation of the concuting claims against the Town,” reads the ruling. “This constitutes a knowing violation of the con--

flicts of interest law enunciated in G.L. c. 268A, Section 17(c).flicts of interest law enunciated in G.L. c. 268A, Section 17(c).”

Finally, the court chastised the plaintiffs for failing to give town counsel proper notice of Tuesday’s hearing, which made itnecessary to schedule another hearing Thursday; the court also noted McClure’s evasion of the issue.“Such unprofessional conduct is unacceptable,Such unprofessional conduct is unacceptable,” read the ruling.

Now that Van Liew’s signatures are in, the town has until Friday, May 13 at 5 p.m. to certify them.


RichardRichard

McClureMcClure

RolandRoland

Van LiewVan Liew

Van Liew's Expense Report: $70,000 on RecallVan Liew's Expense Report: $70,000 on Recall

A look at how much money Roland van Liew has spent on the recall effort.By Krista Perry

May 5, 2011


As Roland van Liew tries to recall Selectmen Matt Hanson, Jon Kurland, Pat Wojtasand George Dixon, here is a look at how much he is spending on the effort. Becausethe effort is considered a political campaign for an election, van Liew is required tofiled expense paperwork with the town clerk's office.

Date Company Expense Purpose

3/17/11 Curry Printing $15,941 Printing, mailing, postage

4/1/11 Curry Printing $4,054.88 Printing and mailing

4/13/11 SNI Companies $1,728 Canvassing

4/22/11 Staples $891.94 Admin and copying supplies

4/22/11 Powderhouse Political Consulting $9,000 Signature gathering

4/24/11 SNI Companies $1,237.50 Canvassing

4/26/11 Powderhouse Political Consulting $6,000 Canvassing

4/27/11 Curry Printing $6,869.04 Printing and mailing

4/27/11 SNI Comapnies $1,237 Canvassing

4/29/11 Curry Printing $14,129 Mailing and printing

4/29/11 Kimball Political Consulting $5,181 Canvassing

4/29/11 Airline and Thrifty auto rental $3,024 Travel expenses

Total: $69,295.98$69,295.98

$$$ so far

Chelmsford officials to face recall voteVan Liew petition sets up special election to remove four selectmen

By Jennifer Myers, [email protected]/14/2011

CHELMSFORD -- Chelmsford voters will head to the polls this summer to decide whether to remove four ofthe town's five selectmen from office.

Resident Roland Van Liew alleges that Selectmen George Dixon, Jon Kurland, Pat Wojtas and Matt Han-son failed to uphold the law by not taking to court an alleged violation of a preservation restriction on a controversial 9 North Road building project developed by the family of former Selectman Philip Eliopoulos.

Selectman Jim Lane was not on the board at the time. He replaced Selectman Eric Dahlberg, who did notseek re-election this spring.

Town Clerk Betty Delaney confirmed yesterday morning that Van Liew had submitted the required numberof voter signatures (2,363 per selectman) to force a recall election. The petitions submitted included 2,537signatures to recall Hanson, 2,523 for Kurland, 2,504 for Dixon and 2,495 for Wojtas.

According to Town Manager Paul Cohen, selectmen will vote Monday night on when to hold the election.The Town Charter stipulates the election must be held 60 to 90 days from the certification of signatures.The election is expected to cost $18,000 to $20,000.

"My hope is that the selectmen simply resign and spare the town the expense,My hope is that the selectmen simply resign and spare the town the expense," said Van Liew.

"This is all about Paul Cohen,This is all about Paul Cohen," said Kurland, who cast the lone vote against the building project, buthas expressed vocal opposition to Van Liew's mass mailings pushing the recall, stating he does not believehis colleagues violated the law. "This is just a naked power play by someone who wants to buyThis is just a naked power play by someone who wants to buy

our government for whatever it will cost him to get rid of Paul Cohen.our government for whatever it will cost him to get rid of Paul Cohen."

Van Liew says that no one wants to see a recall, but it is the last resort for voters who feel their elected offi-cials are not protecting their best interests.

"Once officials are elected, there is no way to make them do anything,Once officials are elected, there is no way to make them do anything," he said. "They actThey act

independently and that is how it should be, but if they don't act in the best interest ofindependently and that is how it should be, but if they don't act in the best interest of

their constituents,their constituents,

voters have no voters have no

recourse when therecourse when the

judicial system andjudicial system and

state agencies willstate agencies will

not enforce thenot enforce the

law.law."

The catalyst for the recall effort is a a two-story, 15,494-square-foot office building that will eventually house medical, dental and lawoffices for the Eliopoulos family. The2-acre parcel, behindthe Center Fire Station,was purchased fromEastern Bank byMichael Eliopoulos, father of the former selectman.

OUT TO SHAKE UP THE BOARD: OUT TO SHAKE UP THE BOARD: Chelmsford resident Roland Van Liew has submitted enough signatures to force a special election to recall four of the town’s five selectmen over the building project at 9 North Road,behind him.Heading for a recall ballot are, from left, Selectmen Jon Kurland, Pat Wojtas, Matt Hanson and George Dixon.

Sun photo/ Tory Germann

Last July, John Carson, Paul Hart and Joe Shanahan, the last three surviving members of the 1978 Boardof Selectmen, criticized the sitting selectmen, arguing that their intent on creating a preservation restrictionon the 2-acre parcel was to keep it as open space.

An attempt to halt construction last year was rejected by a state Land Court judge.

At the time, Philip Eliopoulos said the wording of the preservation restriction clearly allows for some development, while establishing standards of density on the site. He stated that is why three town boards,town counsel and the state Land Court have all given the project a green light.

"All of this opportunity for the selectmen to show the worst side of politics could haveAll of this opportunity for the selectmen to show the worst side of politics could have

been avoided if the state authorities had done their job,been avoided if the state authorities had done their job," said Van Liew. "They are all asleepThey are all asleep

at the wheel. All I had asked for was that the selectmen allow a formal inquiry to proceedat the wheel. All I had asked for was that the selectmen allow a formal inquiry to proceed

and place the preservation restriction before a Land Court judge for interpretation.and place the preservation restriction before a Land Court judge for interpretation."

Last year, Van Liew spearheaded an effort to recall Planning Board members George Zaharoolis andSusan Carter for voting to approve the project. The recall never got off the ground because Van Liew didnot submit the required number of signatures before the deadline.

"The Planning Board recall was just a shot across the bow, a warning,The Planning Board recall was just a shot across the bow, a warning," said Van Liew. "We warned them in March 2010 that there would be a firestorm of outrage and they couldWe warned them in March 2010 that there would be a firestorm of outrage and they could

be recalled; they ignored those warnings and issued the special permits anyway.be recalled; they ignored those warnings and issued the special permits anyway."

He added that if the Planning Board members had been removed from office, their replacements would beappointed by Cohen, "the guy who is the problem.the guy who is the problem."

"There was no incentive to carry that effort to completion, but the law does not provide forThere was no incentive to carry that effort to completion, but the law does not provide for

him to replace selectmen because they are his boss,him to replace selectmen because they are his boss," Van Liew said.

Van Liew also took exception to last month's 76-48 Town Meeting vote to amend the town's recall bylaw, increasing the required signatures from 10 to 15 percent ofthe town's registered voters and increasing the number ofdays to obtain those signatures from 14 to 20, saying it"makes it almost impossible to recall anyone.makes it almost impossible to recall anyone."

"The fact that Town Meeting rubber-stamped theThe fact that Town Meeting rubber-stamped the

change is indicative of how bad the situation inchange is indicative of how bad the situation in

Chelmsford has become after years and years ofChelmsford has become after years and years of

backroom deals,backroom deals," he added.

"We will deal with it,We will deal with it," Kurland said of the recall election."There are a lot of citizens that do not know what isThere are a lot of citizens that do not know what is

going on and there will be a genuine grass-roots going on and there will be a genuine grass-roots

effort by some citizens to educate them. I take effort by some citizens to educate them. I take

exception to the fact that Van Liew keeps throwingexception to the fact that Van Liew keeps throwing

out the word corruption; there was no corruptionout the word corruption; there was no corruption.

"It is no surprise that he got the signatures It is no surprise that he got the signatures

considering he paid $70,000 to get mailings out andconsidering he paid $70,000 to get mailings out and

hire a bunch of people to gather signatures withouthire a bunch of people to gather signatures without

explaining to people what they are signing,explaining to people what they are signing," Kurlandsaid, alleging that some signature gatherers told voters theywere gathering signatures to repeal the 9 North Road project.

A construction crew works on the office building at 9North Road in Chelmsford yesterday. Looking on in thebackground are former Selectman Phil Eliopoulos, right,whose family is developing the project. At left is his sis-ter, Dina Eliopoulos.

Sun photo/ Tory Germann

Frances T. McDougallFrances T. McDougallFriday the Thirteenth is a very sad day inChelmsford. It will be interesting to peruse the listof people who signed this petition and ask themfor their reasons.

Frances T. McDougallFrances T. McDougall It is on the Town's website. They did make the quota. Now we must payfor an election. Sad. Can't wait to see the list.

Maria Castro Karafelis Maria Castro Karafelis I am absolutelyamazed at how much damage one person cando. He must be on cloud nine, figuring that he"won". Let me tell you something Mr., you mayhave won this battle, but the WAR is not over yet.

Barbara Ward Barbara Ward Democracy is not always prettyand seldom inexpensive. Sometimes we justhave to the whole drill, and it may even be goodfor us.

Frances T. McDougallFrances T. McDougall I think we all can say inunison: We will not permit an agent provocateurto undermine the democratically established, bycharter, Town of Chelmsford, MA, USA. As chil-dren of the sires, we will protect our duely estab-lished governmental entity.

Joanne Bartels StanwayJoanne Bartels Stanway Time to talk to thevoters - again.

Susan Spiegel GravesSusan Spiegel Graves We NEED to talk tothe voters but how?

Frances T. McDougallFrances T. McDougall I haven't learned whatthe native language is yet.

Susan Julian Gates Susan Julian Gates I would like to know whyDaphne Freeman signed.

Frances T. McDougallFrances T. McDougall It is certainly a slap inthe face after this town honored her late husbandby naming a lake and a bike path after him. Nogood deed goes unappreciated.

Susan Julian Gates Susan Julian Gates Fran, I would say on itsface (joke intended), I agree. I don't know herwell enough to ask her about this, but I sure wishsomeone would contact her.

FACEBOOK CHATTERFACEBOOK CHATTER - - The RecallThe Recall

Barb Costello BelangerBarb Costello Belanger Wow! There were defi-nitely a few selectmen in the past I would have loved tosee recalled but not these. Oh how times are changing

Mike CombsMike Combs I wonder how many signatures they'dhave gotten if Chelmsford hadn't tried to cut the num-ber of days allowed, refused photocopies, fought overthe number of petitions, threatened to boycott storesthat allowed petition gathering, decided to change therecall rules, and threatened some kind of home busi-ness audit of their attorney.

I'm dismayed at the result.

Jeff HardyJeff Hardy Recalls are not for disagreements over is-sues, thats what elections are for. This is just patheticand I hope this town finally shows Mr Van Lie andfriends, they cannot be bought.......

Mike CombsMike Combs I wasn't in favor of this recall, but I sup-port the right to recall elected officials even if theyhaven't been convicted of a crime. Democracy and thewisdom of the voters is the worst form of governmentexcept for all those other forms that have been tried.

Maria Castro Karafelis Maria Castro Karafelis Very, very sad day inChelmsford!! What I would like to know is how manypeople actually read the top portion of the recall peti-tion that presented the actual reasoning for the peti-tion, or did they just listen to all the "stories" they weretold and actually believed it because they are so un-aware of what is going on in town. But then again, ittook close to $70K for him to get those signatures withall the propaganda and mis-statements. It's a shame,all that money could have brought so much good to thetown of Chelmsford, but now it is bringing nothing butsadness and stress.

Danielle B. EvansDanielle B. Evans And how about if their signaturegatherers weren't being paid $2.00 a signature andweren't misleading citizens into signing???? This is adisgusting and shameless use of money!!!!!!

Jeff Hardy Jeff Hardy For the record, the Town played by therules and to say the town's actions may have assistedin this disqusting effort is irresponsible

Brenda Kijanka PlunkettBrenda Kijanka Plunkett Truly a sad day inChelmsford. Where is the "dislike" button.

Timothy McIlvennaTimothy McIlvenna I choose to think of this as anopportunity. Let's determine how we work together toensure that rather than run a negative campaignagainst the recall - we run a positive campaign to urgepeople to go to the polls to show that we support ourelected officials, that a small but well funded minoritycannot overcome the greater electorate, when thatelectorate is rallying around a basic and fundamentalpremise about what we value as a community. I am notagainst an individual, or a small group, I am notfor/against a building, I am for Chelmsford. Let's makethis about much more than what others want to debate,let us win a decisive victory, aim for record turnout, andcount on the voters of Chelmsford being what they are- smart, engaged, and proven to speak loudly whenengaged correctly. I choose Chelmsford.

Dennis ReadyDennis Ready I choose Chelmsford

Dennis Ready Dennis Ready Roy,Want to come on Town Talk next wed. I will let you talkDennis

Tom ChristianoTom Christiano Just an FYI. Roy and Laurie knewthey wouldn't get to say too much on the show this weekbecause Philip and Dick would be on the show togetherand they had so much to discuss. Roy and Laurie werefine with that fact as they also wanted to hear what Philipand Dick had to say to each other and to the viewers athome. One of the show panelists insisted, as a conditionof coming on the show, that Roy and Laurie were on theshow as well.I didn't "enjoy" talking about these divisive issues on theshow or asking those questions, however it was inportantto hear what Philip and Dick had to say. We could easilyhave used another hour to discuss this important issue intown.

Nick DeSilvioNick DeSilvio Folks you all know I like and respectmany of you but I would like to make a request. Can weplease put two in the hat in this 9 North road discussion.Its destroying our town and we just continue to fuel thefire. There are so many other issues and victories thatshould be discussed but we continue to keep trying toride this dead horse. Except for this bullcrap recall situa-tion, 9 north road is over, the law has spoken, let it goand move on. Lets learn fron this issue for the next timebut please, please let it go. Thanks for letting me vent.

☆☆☆☆☆☆☆☆☆☆☆☆☆☆☆☆☆

Brad Marmo Brad Marmo Great point Tim, I agree. End of theday, for me at least, this is all about process. 9 NorthRoad is what it is today because the Prev Agreementwasn't air tight and the process allowed what it allowed.RVL and Co. were able to pull this off because theprocess allowed it. These are the bylaws on the books,these are the breaks. All we can do, like Tim said, isfight for what we believe in (Chelmsford) by participat-ing in our existing system (voting).

Mary Gregoire Mary Gregoire I choose Chelmsford

Maria Castro Karafelis Maria Castro Karafelis Me 3, I choose Chelmsford

Jodi O'Neill Jodi O'Neill I couldn't agree with you more Tim. I'llgladly work on the campaign to support our Selectmen.

Andrew Giannino Andrew Giannino Chelmsford has always been mychoice to raise my family and will continue to be justglad I live no where near van looney

Nick DeSilvio Nick DeSilvio I choose Chelmsford as well.

Jennifer Vaughan AlmeidaJennifer Vaughan Almeida I choose Chelmsfordtoo.

LeighAnn Poehler Sciacca LeighAnn Poehler Sciacca I choose Chelmsfordtoo! I'll gladly work on the campaign to support our se-lectman as well.

Frances T. McDougallFrances T. McDougall Interesting comments. I es-pecially like the names of people who click "like" Putsthe views of some "citizens" in a more visible position.

Richard McClure Richard McClure That Fran, doesnt miss a trick! Aregular Sherlock Holmes! Now what? post their namesand addresses?

Richard McClure Richard McClure I choose Chelmsford, too! That'swhy I'll be voting in favor of a "total recall."

Richard McClure Richard McClure One last comment before I godouble-check my property security/video system, thiscould be Chelmsford's "best" day since they sent militiato Lexington/Concord.

Nick DeSilvio Nick DeSilvio Dick I truely support your right to votefor a recall but I can also state its a joke to recall andwaste all that energy to recall an official for the reasonsI have listen to all of these months. Its share stupiditybut don't take it personal.

Richard McClure Richard McClure None taken, Nick.

Rick MahoneyRick Mahoney I choose a responsible, accountableand doing the right thing Chelmsford...the voters shalldecide in the end.

Roy Earley Roy Earley One Town, One Team! Oh wait a minute that's the motto that didn't work.

I choose Chelmsford!

Yeah that's the ticket ;)

Tom Christiano Tom Christiano Hi Nick. I would like nothing better thanto not have to talk about 9 North Road on my show. Ifound that last show very upsetting and I didn't enjoyhosting it at all. The great majority of my shows this season did not talkabout 9 North Road, as you know. I don't like discussing itat all as it's a very divisive issue in town.However, when people want to come on my show to dis-cuss that North Road issue, and when it will help clarifywhat happened, and when the principals are willing tocome on the show, I have an obigation to let both sidespresent their cases to the viewers at home.Yes, it would have been easier for me to say no to themand discuss all of the other great things going on in ourtown instead...but to deny that there is this issue in townand to not let the people speak about it if they wish, is justnot the right thing to do. I will let anyone come on myshow to talk about any important issue in town if I feelthere are people who want to hear what they have to sayabout that issue. It's just the right thing to do, and I'm onlyinterested in doing what's right, not what's easy or fun totalk about on the show.

Nick DeSilvioNick DeSilvio Tom I am truely sorry if you took offenseto my statement. It was not direrted to you or your show.You are correct and have always been fair but its what Ihave been telling folks around town who bring this subjectup, let it go, besides Lewny should move. I'm not trying tohid from the issue but its over and we all have to let it go.Nothing is going to change the building is built, let start toall come together and do what this town does best, worktogether to get things accomplished for the betterment ofChelmsford. No we don't have to sing kumbaya.

Tom Christiano Tom Christiano Thanks Nick. I'm glad your commentwasn't directed at me or my show. As I explained above, Ionly want to do what's right on the show and not justwhat's easy. I will gladly let people I disagree with comeon the show and present their side of an important issue,if someone from the other side is also there to present theother side. The more information we all get about an issue the better.It's not a good idea to bury our heads in the sand and ig-nore what's going on in our world (that's local, state or na-tional issues). That doesn't solve any problems and onlylet's them grow and become more difficult to solve lateron. Look at the deficit and national debt for example.As you know, I am not at all in favor of this recall businessand I wish it was never started. I asked Dick McLure a se-rious question about that on the show this week and itwas good to hear from him directly as to what he thoughtabout it.Thanks again.

He-Who ShallNot-BeNamed He-Who ShallNot-BeNamed Sorry, Nick, but the lawhas not finished speaking re: 9 North Road; the case isstill alive with a ruling still pending in the Land Court and,no matter what the decision, both parties are ready, will-ing and able to appeal... this wont be over for a long, longtime.

Nick DeSilvio Nick DeSilvio Let me put in the best light that I can.You can go on forever but it's just plan "bullshit". Waste-ing the plantiffs money, the taxpayer money, and courttime with frivolous nonsense is just being disingenuos tothis community. We as a community have real issues toresolve but no we play around with this trailer trash law-suit. I know you and I agree on somethings but this is justwrong. In the end whats the objective spend as much tax-payer dollars as possible so some lawyers can make apretty penny(I'm not taking a personal shot). Sorry thatsjust my opinion, no one has to agree.

Virginia Chadbourne Virginia Chadbourne If the townspeople feel these se-lectmen acted wrongly, we could have defeated them inthe next election. I strongly object to wasting $20,000 to$40,000 of our tax money on the special electionprocesses. I too found that the signature collectors werenot knowledgeable about the issue and on more than oneoccasion completely misrepresented the issue to peoplewho very nearly signed. Too few of us were around tospeak up when it happened, we need to fix that beforethe special vote!

AASK THE MANAGERSK THE MANAGERITR:

How soon can the town put together a recall election?

PAUL COHEN:

The recall of elected officers provision of the Town Charter provides that the

recall election be held not less than 60 and not more than 90 days after the date that the Town

Clerk certifies that a sufficient petition has been filed. Therefore, an election would take place

between

mid-July to mid-August.

ITR:

When the recall election happens, if one or more selectmen are removed from office

what happens next?

PAUL COHEN:

If one or more members of the Board of Selectmen were removed from office, Massachusetts

General Laws Chapter 41, Section 10 provides as follows: "If there is a failure to elect or a va-

cancy occurs in the office of selectman, the remaining selectmen or selectman may call a spe-

cial election to fill the vacancy and shall call such election upon the request in writing of two

hundred registered voters of the town, or twenty per cent of the total number of registered vot-

ers of the town, whichever number is the lesser; provided, that such request is filed with them

or him not less than one hundred days prior to the date of the next annual

election."

ITR:

How soon after the recall election can the town put together another election to fill the

vacant selectmen seats?

PAUL COHEN:

Another election could be scheduled no sooner than two months after the recall election. This

would be in the October/November time period. It is possible that the remainder of the unex-

pired terms for seats on the Board of Selectmen may be for as little as 5 months, but no longer

than 17 months.

ITR:

How much will the recall election & the election to fill the selectmen seats cost the

town?

PAUL COHEN:

The estimated cost for a recall election is $16,000 - $20,000. The same

estimated cost would apply for an additional election to fill a vacancy(s) on the Board of

Selectmen.

ITR:

According to the recall bylaw an official who is removed from office via recall can not be

appointed to public office for 1 year. But can they run for the open selectmen seat in a

elected race?

PAUL COHEN:

An election official who is removed from office via recall can seek election to any office in town.

Therefore, if a member of the Board of Selectmen were to be recalled, that member could seek

election to an open seat on the Board of Selectmen.

ITR:

When the selectmen recall goes forward could the named selectmen resign the seat and

then run for the same seat in an election to fill the seat?

There by eliminating the cost of the recall electionThere by eliminating the cost of the recall election and only forcing one election on

the town instead of two?

PAUL COHEN:

Yes, however, the members would not be required to run for the same seat/unexpired term.

ITR:

If all 4 selectmen get recalled in the election, there would not be a quorum.

How would that affect the conducting of business at the BOS for the 60 to 90 days

it would take to have an election to fill the vacant seats?

PAUL COHEN:

In the event that there were to be less than a quorum of less than three of the five-member

Board of Selectmen, the remaining member(s) would only be able to perform ministerial func-

tions of the Board. For example, the one or two members would be able to schedule a special

election to fill the vacancies on the Board of Selectmen, approve the issuance of one-day liquor

licenses, etc. Such a short-handed Board would not be able to issue debt, make appointments

of town officials, develop policy, or conduct other executive functions.

ITR:

It has been reported that Roland Van Liew has spent over $70,000 on the recall so far.

How much has the town spent so far on the recall?

PAUL COHEN:

The Town is invoiced by Town Counsel on a monthly basis. I have not received the invoice for

April's legal services. Therefore, I do not have a total cost that the Town has incurred regarding

the recall effort.

ITR:

Would you accept an invitation to appear on Tom Christiano's Politically Incorrect

opposite Roland Van Liew ?

PAUL COHEN:

I have never declined an invitation to appear on Tom's show. I have expressed to Tom my willing-

ness to appear on his show at any time, with anyone, without qualifications, to discuss any matter

pertaining to the Town.

POLITICALLY INCORRECTwith TOM CHRISTIANO

Politically Incorrect

taped on May 10, 2011,

with (l to r) Dick McClure, Laurie Myers, TC, Roy "Scoop" Earley & Philip Eliopoulos.

The new Politically Incorrect TV Show, with Philip Eliopoulos, DickMcClure, Laurie Myers and Roy "Scoop" Earley

This was a very interesting and informative show. I can't say I "enjoyed" hosting this show, however I had to ask the tough questions that many people in town want to hear the answers to.

Tom “TC” Christiano

CLICK HERECLICK HERE

http://www.youtube.com/watch?v=cfHBLxsqtKw

http://www.youtube.com/watch?v=cfHBLxsqtKw

IInn--TToowwnn RReeppoorr ttpresents

9 North Road:The Inside ScoopThe Inside Scoop


The Drawbacks : It looked smaller on paperIt looked smaller on paper

The Plus side : When your inside you won’t feel ClaustrophobicWhen your inside you won’t feel Claustrophobic

http://www.viddler.com/explore/re007hq/videos/194/


TOWN TALKTOWN TALKwith Dennis Ready with Dennis Ready

and Mary Gregoireand Mary Gregoire

CLICKCLICK

HEREHERE

forfor

clipclip

CLICKCLICK

HEREHERE

forfor

clipclip

Selectman Jim Lane talks with DennisSelectman Jim Lane talks with Dennisand Mary about the Recall, and Mary about the Recall, TownTown Meeting,Meeting,the In-Town Report & Open Spacethe In-Town Report & Open Space

Dennis talks with Mary about the Recall,Dennis talks with Mary about the Recall,Roland Van Liew and Tom Christiano’s PoliticallyRoland Van Liew and Tom Christiano’s PoliticallyIncorrect with Incorrect with Richard McClure and Philip Richard McClure and Philip EliopoulosEliopoulos

Selectman Jon Kurland talks with DennisSelectman Jon Kurland talks with Dennisand Mary about the Recall, and Mary about the Recall, Roland Van LiewRoland Van Liewand about the “fight for Chelmsford’s soul”and about the “fight for Chelmsford’s soul”

CLICKCLICK

HEREHERE

forfor

clipclip
















WHOSE “CHEATING” WHO?This recall is cheating Chelmsford out of having a board of Selectmenwho are unable to focus on our numerous town issues.

It is cheating Chelmsford by casting the town in a negative light to thesurrounding communities.

It is cheating Chelmsford by scaring good people away from publicservice because they may end up on the wrong side of an issue and besubjected to harrassment of a rich resident who can't stand anyonewho doesn't agree with him.

It is cheating Chelmsford by potentially damaging the town's reputationas a wonderful place to live which could possibly affect home sales during the busiest time of year for real estate transactions.

It is cheating Chelmsford residents who will have to pay for an specialelection when a regular election process could have determinedwhether residents are truly unhappy with any or all of these elected offi-cials.

I am also dismayed at the result - how on earth did it get this far?

Mary Gregoire- Town Meeting Rep

Precinct 9

How Can Parents Explain Bin Laden's Death?How Can Parents Explain Bin Laden's Death?How do you talk to kids about terrorism?How do you talk to kids about terrorism?


www,chelmsford.patch.com

Moms Talk is a feature on Chelmsford Patch that is part of a new initiative on our Patch sites to reach out to moms and families.

Each week in Moms Talk, our Moms Council of experts and smart moms take your questions, give advice and share solutions.

Moms Talk will also be the place to drop in for a talk about the latest parenting hot topic. If you have a question for our council, e-mail it [email protected].

Question: How have you talked to your kids, if at all, about Osama bin Laden's death and what that means for the country and forthe world? What is the best way to approach the talking to kids about this? How did you talk to your kids about 9/11? What weretheir reactions?

Vivian Merrill: My kids were 6 and 1 when 9/11 occurred, so we didn’t have a big discussion about what happened with them. Sadly, foryounger kids watching it on TV, it probably wasn’t that different than the destruction seen in other parts of the world, or many movies parentswatch. The war in the Middle East has been going on their entire lives. Although we agree Bin Laden had it coming, it took a very long time.Many people directly affected by 9/11 admit Bin Laden’s death doesn’t really give them a lot in closure.

Several of Bin Laden’s kids and wives didn’t even like him-a concept rare in this country, but probably common and accepted in certain partsof the world. Unfortunately, a lot of people did like Bin Laden, or at least believed in him, and they will gladly take his place. Those are the onessomebody should be watching, if one knows where they are. I agree the American people do not know half of what the government is doing toprotect its interests, and an event like this makes you focus on all the things a government is responsible for.

"I mourn the loss of thousands of precious lives, but I will not rejoice in the death of one, not even an enemy. Returning hate for hate multiplieshate, adding deeper darkness to a night already devoid of stars…”

Don’t know who said this, but it appeared in a Facebook post I came across this morning, along with a comment about American bloodlust,which a lot of people feel this country is entitled to. This country is so involved with other countries’ problems that many people feel it’s notpaying attention to what’s going on within itself. People are angry everywhere, and doing what they feel they need to in order to survive.That’s a world-wide situation all by itself.

Does Bin Laden’s death give us a new hope? I’m not getting that feeling, but I suppose time will tell. We as a country need something to behopeful for. Neither of my kids mentioned anything last night, so for us it was pretty much just another day, with some big news thrown in be-tween the homework, fixing supper and feeding the horse and dogs. Just a blip in the radar, which we have no control over. The war is notover, it’s just changed a little.

Rachel McElligott: My kids are too young to understand September 11th so I haven't had to discuss this with them yet. They are still able tolive a carefree kid existence. In many ways I feel lucky I haven't had to cross this bridge yet. I often think about how I will be able to explain tothem the pain and heartbreak that was experienced during that awful time. I hope I will be able to teach them about the great strength andcourage that was also shown by so many.

I think explaining to your children about how scary and hard life can be, is tough on any parent. I know I try very hard to protect my childrenfrom outside events and influences.

My advice as a parent, would be to be honest and tell them as much as you feel comfortable with sharing.

After long wait, Route 3 sound barriers on the way in Chelmsford

By Chris Camire, [email protected]/29/2011

www.lowellsun.com

BOSTON -- Colin Fretwell was at work when his cellphone rang about 5:45 Wednesday afternoon.

He answered. Gov. Deval Patrick was on the line.

Patrick, who was in a meeting with state Rep. Jim Arciero, D-Westford, had just committed to funding a long-soughtsound barrier between Twiss Road and Route 3 in Fretwell's North Chelmsford neighborhood.

Fretwell and his wife, Paula, have been at the center of a decade-long struggle to get a sound barrier built in their neigh-borhood. Arciero asked Patrick to tell Fretwell the good news personally.

"I was extremely impressed because he didn't have to do that,I was extremely impressed because he didn't have to do that," said Fretwell. "He has bigger things to do.He has bigger things to do."

Of course, Twiss Road residents have been promised that the project would be done before. Even before the expansionof Route 3 began, Chelmsford residents and state and local officials had been pushing to buffer the rumble of speedingtraffic near Exit 33.

In 2007, area lawmakers secured funding for the project. The money never materialized.

This time is different, said Arciero.

Patrick sent a letter Wednesday to Arciero and Reps. Cory Atkins, D-Concord, Tom Golden, D-Lowell, and David Nangle,D-Lowell, as well as Sen. Susan Fargo, D-Lincoln, assuring them that the project will be completed this year.

The Massachusetts Department of Transportation plans to advertise the project on May 7, and expects to begin construc-tion by the early fall. If all goes as planned, construction should be completed by the end of the year.

"As you know, there are differences of opinion about whether the noise thresholds for such projectsAs you know, there are differences of opinion about whether the noise thresholds for such projects

have been met in this case,have been met in this case," wrote Patrick in the letter. "However, in a close call, I believe the decisionHowever, in a close call, I believe the decision

should go in favor of your constituents.should go in favor of your constituents."

The project is expected to cost $7 million. It will be funded with MassHighway road and bridge money.

The Route 3 North expansion widened lanes in both directions and removed vegetation between the two lanes. Severalneighborhoods did receive sound protection, but the one in question was always on the cusp of qualifying under statestandards.

Patrick visited Twiss Road resident Mary Tiano in 2006 when he was running for governor. He said the conditions wereoutrageous and that something had to be done.

The Fretwells are hoping that come next summer, they will be able to open their windows at night without being awak-ened by the rumble of a passing tractor-trailer.

"We've waited 11 years come September, so another few months isn't going to make a whole lot of difWe've waited 11 years come September, so another few months isn't going to make a whole lot of dif--

ference,ference," said Paula Fretwell. "We're hoping and praying it will be done.We're hoping and praying it will be done."

There are about 40 homes in the neighborhood -- which consists of Twiss Road, Leedberg Street, Main Street and Water-ford Place -- that could benefit from the sound barrier.

Colin Fretwell said some people may wonder why he and his wife would put up with noise from the highway for a decade,rather than move. He said their home has sentimental value.

"My wife was born in the house we live in, and we've lived there for 30 years, so there's more than justMy wife was born in the house we live in, and we've lived there for 30 years, so there's more than just

monetary value,monetary value," he said.

The Fretwells credit Atkins, Golden, Nangle, Fargo, as well as former state Rep. Geoff Hall, D-Westford, for trying to getthe project off the ground. The couple recently reached out to Arciero, who represents their district, to see if he could help.

Arciero arranged a meeting with Patrick. The rest is history.

"This has been a priority of mine,"This has been a priority of mine," said Arciero. "After the widening of Route 3, there has been an inAfter the widening of Route 3, there has been an in--

creased amount of noise pollution for the residents in that area.creased amount of noise pollution for the residents in that area."

Spring Town Meeting 2011

Reps reject stabilization fundReps reject stabilization fundBy Monica Jimenez / Wicked Local Chelmsford

GateHouse News ServiceApr 26, 2011

www.wickedlocal.com

Chelmsford —Chelmsford Town Meeting representatives rejected a proposed stabilization fund for Nashoba Technical High SchoolMonday night after a heated debate about the school district’s spending.

The vote was close – 55 in favor, 74 against. Newcomers to the debate lined up to ask questions alongside longstandingproponents and opponents of the vocational school's revolving funds.

Nashoba Tech Business Manager Jeanne Savoie and Superintendent Judith Klimkiewicz fielded questions from a dozenChelmsford residents after the article was presented. Klimkiewicz, who arrived late, explained she had been at Groton’sTown Meeting to support the same article, where it passed.

Chelmsford resident and Nashoba Tech School Committee member Sam Poulten repeated arguments made to Chelms-ford town officials, pointing out the district does put revolving fund money back into the schools and merely has excessbecause it spends well. Besides, Poulten said, that excess is invariably used up, as it will be this time around when stateand federal funds dry up.

“Do we want to spend money for the sake of spending it?Do we want to spend money for the sake of spending it?” Poulten asked. “Or do we want to put it away and save it?”Or do we want to put it away and save it?”

Chelmsford resident and former School Committee chairman Kathy Duffett barraged Savoie with questions about the sur-plus in the district’s existing revolving accounts, drawing rebuke from new moderator Richard DeFreitas. Refusing to letup, Duffett insisted the excesses in the existing revolving funds should be addressed before a new fund is created.

Precinct representatives were asked to raise their tickets again after voting against the article -- the numbers were closeenough for several reps to request a recount.Copyright 2011 Chelmsford Independent. Some rights reserved

Farming, electronic voting, Heart Pond articles passdBy Monica Jimenez / Wicked Local Chelmsford


www.wickedlocal.com

Chelmsford —Several heavy-hitting articles were passed at the two final Town Meeting sessions this past week, including a recall bylawamendment and Community Preservation Committee fund appropriations for repairs to the town clock and the steeplehousing it. A few articles presented on Thursday and Monday generated less discussion, but are likely to improve thetown in important ways.

Electronic votingRepresentatives approved an article to amend Chelmsford’s charter and appropriate $10,000 to purchase an electronictally and display system and use it for voting at Town Meeting.The electronic voting system would involve individually recording the votes of precinct representatives via handheld key-pads with buttons for “yes,” “no,” and “abstain.” With the help of Microsoft PowerPoint, the votes would be projected ontoa screen at the front of the hall and verified by representatives before being archived online for general access.The current method of raising one’s ticket for “yea” and keeping it down for “nay” makes it hard to keep track of who votedfor what. But the electronic voting system – already used at the State House and, starting this past April, in the town ofWayland – would clearly provide this information to everyone inside and outside the hall.Town Manager Paul Cohen predicted the system would help Town Meetings go more quickly and smoothly, as well asmake the meetings more transparent and the representatives more accountable to the citizens who elected them.The system could also serve to check attendance at Town Meeting and survey large crowds at public hearings.

Right to Farm bylawChelmsford has joined the ranks of Massachusetts towns with a Right to Farm bylaw. The Chelmsford Agricultural Com-mission proposed the law, which affirms support for local agriculture particularly in the case of farmer-abutter disputes.“There is a long, proud tradition of farming in Chelmsford,” said local attorney Doug Hausler, who spoke on behalf ofthe Agricultural Commission on Thursday.Hausler said farmers sometimes find themselves in conflict with abutters over activities like fertilizing fields, which createsan odor. Expecting a more typical suburban atmosphere, neighbors to farms occasionally complain of the “nuisance” andeven “abuse” they put up with.

“This law would shift the burdenThis law would shift the burden,” Hausler said. “As a community, we say the activities of farmers takeAs a community, we say the activities of farmers take

precedence over the nuisance suffered by abutters.precedence over the nuisance suffered by abutters.”Representatives proved curious about who in town qualifies as a farmer. The answer given at Town Meeting was that peo-ple tending animals or crops on at least two acres are usually considered farmers, as opposed to people raising chickensor vegetable gardens in their backyards. Agricultural Commission members estimated Chelmsford is home to more than 10farms.A fire safety provision, which regulates farm burning, was added to the bylaw. Representatives also accepted an amend-ment changing how to notify people moving into houses near farms. The method originally proposed was handing home-buyers a paper notice informing them agricultural activities would be going on in the neighborhood. Now, a notice must bepublished annually in at least two newspapers.

Heart Pond preservationA CPC appropriation to combat invasive weeds at Heart Pond was approved Monday night after a conversational detourabout boating on the pond.Precinct 1 Rep Patrick Hayes complained it’s unfair for residents to fund the weed treatment when they aren’t allowed touse the public boat ramp at the pond, especially because boats often introduce invasive weed species into the ecosystem.“I find it egregious we can’t use the boat ramp, but I see people boating on the pond all day. It’s for aI find it egregious we can’t use the boat ramp, but I see people boating on the pond all day. It’s for a

select few,select few,” Hayes said.Precinct 5 Rep Paul Eriksen agreed.“People should be allowed to use the pond to its fullest capacity,People should be allowed to use the pond to its fullest capacity,” Eriksen said.President Mark Schmeizl of the Heart Pond Association, which applied for the CPC appropriation, said anyone can boat onthe pond using a canoe or kayak, which can be carried across the beach.Precinct 8 Rep and Board of Health Director Richard Day brought the discussion back to the article at hand.“I’ve monitored this pond for 30 years and watched it change from a nice, well-ecologically-balancedI’ve monitored this pond for 30 years and watched it change from a nice, well-ecologically-balanced

pond to the overgrowth it is today,pond to the overgrowth it is today,” Day said.Now that the Heart Pond article has passed at Town Meeting, the war against the weeds will begin this month and continuewith a second treatment in early June.Schmeizl said several species of invasive vegetation – curly leaf pond weed, fanwort, purple loosestrife and algae – havegrown dramatically in number over the summer. It will cost about $25,000 to treat the pond.Copyright 2011 Chelmsford Independent. Some rights reserved

Recalls to get tougher in townBy Rita Savard, [email protected]

04/29/2011 www.lowellsun.com

CHELMSFORD -- After a two-and-a-half-hour marathon, Town Meeting approved changes to recalling elected officials.

Under the new amendment, a petitioner trying to remove an elected official from office must obtain signatures from 15 per-cent of the town's registered voters, instead of 10 percent. The petitioner will also have 20 days to gather signatures, in-creased from 14 days.

The measure passed with 76 voting in favor, and 48 opposed.

The article launched the second night of Town Meeting, with representatives wrestling over several proposed amend-ments, including bringing the issue to a townwide vote. But only one amendment to the article, brought forward by KarenDeDonato, was approved.

DeDonato proposed the 90-day rule to launch a recall on a newly elected official be changed to one year after the electiondate.

Representatives opposed to the article said changing the bylaw would make it almost impossible to recall elected officials.

"What we're doing here is saying, we don't want voters to have a chance to recall,What we're doing here is saying, we don't want voters to have a chance to recall," said Brian Latina.

Currently, 25 signatures are required from each of the town's nine voter precincts to jumpstart the recall process. Once theinitial signatures are certified by the Town Clerk's Office, the petitioner must then obtain additional signatures from 10 per-cent of the town's registered voters, or about 2,400 names.

Last night's vote raises the requirement to about 3,545 names.

Supporters of the new bylaw said recalling anyone from office is serious business, and should require more signatures.

If an egregious act is committed that warrants a recall, Glenn Thoren said people "will stand in linewill stand in line" to sign such a peti-tion.

The town's first recall effort in history was launched last fall by resident Roland Van Liew, who tried to oust two members ofthe Planning Board. That attempt failed, but Van Liew is currently in the process of trying to recall Selectmen Matt Hanson,Jon Kurland, George Dixon and Pat Wojtas.

Van Liew is accusing the officials of failing to uphold the law by not taking an alleged violation of a preservation restriction

on a 9 North Road building project to court.

Town Meeting also approved spending $10,000 on an electronic voting and display system. Town Manager Paul Cohensaid the $10,000 system would create a public record of individual votes for the first time in town history.

Besides transparency, Cohen said electronic voting would also help move Town Meeting along at a steadier pace, eliminat-ing the need for manual head counts during votes that are too close to call by a show of raised tickets.

In addition, voters passed a Right-to-Farm Bylaw. The measure gives added protection to farmers in the event of potentialproperty disputes.

Developed by the Massachusetts Department of Agricultural Resources and the Massachusetts Farm Bureau Federation,the Right-to-Farm bylaw was enacted in the 1980s to help prevent farmers' operations from being shut down by neighborswho considered them a nuisance.

Town Meeting will wrap up at 7:30 p.m. Monday, when representatives tackle the final two warrant articles, including re-pairs to the 169-year-old town clock and the steeple of First Parish Unitarian Universalist Church, in which the clock sits.

Town Meeting approves CPC funds for churchTown Meeting approved spending Community Preservation Committee funds to fix the steeple and clock at the First Parish Unitarian Church.

Kevin Zimmerman/Staff Reporter • Mon, May 02, 2011www.chelmsfordmassnews.com

Although it appeared the debate on using Community Preservation Funds for work at First Parish UnitarianChurch would turn into another marathon debate, a majority of Town Meeting representatives approvedboth in less than two hours Monday night.

Throughout the debate and question period, proponents and opponents of using CPC funding argued whythey saw it as either a good move or instead a bad precedent in town.

"This is a road we should not go down,This is a road we should not go down," said Town Meeting Representative Paul Rigazio.The church receives $50,000 in rent from two cellular providers which use the antenna in the steeple, saidRigazio. He believes the church should use that money to mend its structure.

"The first requirement of a landlord is to take care of the building. They should have doneThe first requirement of a landlord is to take care of the building. They should have done

that,that," said Rigazio. "They had the money.They had the money."

He would prefer the town fix the clock inside the steeple then sell the clock to the church of $1.Some representatives argued that because the town owns the clock located inside the steeple; it makes nosense to spend money on fixing the clock and not the steeple.

"We have one iconic clock and it is a steeple clock and steeple clocks have to live in aWe have one iconic clock and it is a steeple clock and steeple clocks have to live in a

steeple,steeple," said Town Meeting Representative Pat Magnell. "Not fixing it means in the future theNot fixing it means in the future the

problem only becomes worst.problem only becomes worst."

More importantly, said Magnell, First Parish sits smack in the middle of the town's Center Historic Districtand should be protected.

"The clock sits in a steeple that overlooks Town Common,The clock sits in a steeple that overlooks Town Common," she said. "I would like to win oneI would like to win one

for historic preservation in the Common area.for historic preservation in the Common area."

CPC Chairman, and First Parish Church member, Bob Morse presented the two articles as a viable use forhistoric preservation money.

"CPC money has been used a couple of dozen times in the state for churches,CPC money has been used a couple of dozen times in the state for churches," said Morse."This is not ground-breaking. And this has a clear public benefit.This is not ground-breaking. And this has a clear public benefit."

For Town Meeting Representative George Kalos the benefit to the historic church is on par with money ap-proved last year to fix the North and Old town halls.

"We spent $5 million (on the town halls) and they are asking for 7 percent of that to fixWe spent $5 million (on the town halls) and they are asking for 7 percent of that to fix

what was the original town hall.what was the original town hall."

Under Article 23, CPC funding totaling $66,810 will be used to fix the steeple, to replace the clock's roofand to replace broken and missing slates on the church’s roof. First Parish would match CPC funding tocover the total estimated cost of $133,620.Article 22 will use $96,424 of CPC funding to fix the town's clock housed in the steeple.

TAKING HIM IN MODERATIONTAKING HIM IN MODERATIONLOWELL SUN POLITICAL COLUMNLOWELL SUN POLITICAL COLUMN

byby

Rita SavardRita Savard

5/1/115/1/11

GROWING PAINS were obvious at Chelmsford Town Meeting last week,where the new Moderator DickDeFeitas had his first tour with the gavel.

Reps wrangled for more than an hour over whether to support a stabilization fund for Nashoba Valley Tech-nical High School, and then went into overtime for a measure that placed a limit on blank nomination papercopies.

DeFreitas broke into a sweat.

Throughout the night, he took heat for shutting off some speakers and making some slip-ups in the ques-tion and debate periods.

Near the end of the night Rep.Bill Griffin jokingly asked a visbly frazzled DeFreitas if the position was all hethought it would be.“Unless you live it, you really don’t know,Unless you live it, you really don’t know,” the former selectman said. “I thought I was preI thought I was pre--

pared.pared.”

On night two of Town Meeting, DeFreitas handed reps a copy of the “DeFreitas Fairness Doctrine,” guidelines for questions,answers and debates.

DeFreitas also included his resume,listing experience as an “active professional jazz musician.”Despite his attempt at keeping order and moving things along, Town Meeting has rolled into a third sessiontomorrow night, for the first time in about a decade, according to reps.

Perhaps DeFreitas’ biggest gaffe was telling the audience that tomorrow night might pose a conflict in hispersonal shedule. DeFreitas, who ran unopposed, replaced Dennis McHugh, a Chelmsford attorney whostepped down from the role after 30 years.

To Defreitas credit, Rep. Jeff Hardy said he was stepping inat a “volatile” time, when the town has been di-vided over recall issues and lawsuits.

The FARSIDE of ChelmsfordFARSIDE of Chelmsford

The Dick EraThe Dick Era

CLICKHERE

http://www.youtube.com/watch?v=EJyOAD1FByA



FACEBOOK CHATTER - Town MeetingFACEBOOK CHATTER - Town MeetingRoy Earley • ITR commentary ITR commentary

4/28/114/28/11

People in town are drinking way too much "Tiger's blood".People in town are drinking way too much "Tiger's blood".April 28 at 11:55am

Laurie Pascall Myers Yeah, but are we "WINNING"?Yeah, but are we "WINNING"?April 28 at 12:30pm ·

Roy EarleyDon't make plans for Monday night TM RepsApril 28 at 9:01pm via iPhone · · Like ·

Pamela Davies At this rate, we can go home and go straight into watching the royal wedding.April 28 at 9:37pm · Like

Rick Mahoney Maybe Monday won't be as long, trying to be a little optimistic at this point.April 28 at 9:57pm · Like · 3 people

Eliane Consalvo Any bets we will be out by 11 Monday?April 29 at 1:57am · Like · 1 person

Gail Coleman Kruglak Any bets we won't get through the first article before 10?April 29 at 6:41am · Like

Nick DeSilvio I really hate going on business trips but I am now exciting about my next trip because I get to miss townmeeting round 3. Sorry guys but we are a disfunctional group. I don't know about you but I was PREPARED to be in andout of town meeting in less than two hour. I knew how I was going to vote on every article but some folks refuse to moveon with the business of the day. Last night was beyond passion, it was about who can be the most obnoxious,thats usu-ally me but not this time. I would like to put an article out there for the next town meeting, lets remove all the chairs andtables then lets see how fast the meeting are. Did that at one of my companies and I can't tell you how productive andfun that was, everyone couldn't believe what a difference it made.April 29 at 8:51am · Like · 2 people

Roy Earley Can always have town meeting at the high school's PAC again ;)April 29 at 9:09am · Like

Nick DeSilvio Anything, just so people are alittle uncomfortable. Did anyone count how many time did Jerry get up be-cause if he got up one more time I was going to show everyone in the room a perfect technique of tackling a QB in theopen field.April 29 at 9:12am · Like · 1 person

Debbie Dery I honestly believe that this article should have presented at fall town meeting. We still do not know what willhappen but the first thing we need to do is change the charter of the town? I consider this serious business. Nothinghappened because of the recall in the fall and it died a slow death. Are we going to change our bylaws because there areresidents who are not happy concerning the property at 9 North Road and want to voice their disproval and feel that thisis one way to be heard? I might not like what's going on but to change our town charter because it might make the dem-ocratic process more difficult is hard to swallow.April 29 at 10:52am · Like

Debbie Dery Our biggest problem now is to get the voters to come out and vote against the recall. I am sure that thebiggest voting block will come from the residents that are unhappy with the current situation. This will not stop anyonefrom recalling our elected officials but maybe they will just go after one at a time instead because of the increase to15%What is going to stop Roland from recalling Jim Lane? He was also on the planning board at the time of North Road.April 29 at 11:20am · Like

Nick DeSilvio Deb, I think the rules prevent him for 6 month or something like that.April 29 at 11:59am · Like

Frances T. McDougall I watched eye contact between Jerry and Mike Combs. It was very evident to me that they were incahoots. Love that word. Why the heck were we elected? Yipes. I love how they always refer to those "citizens" whosevote we are denying.. The majority don't even know that we were having a town meeting.April 29 at 5:24pm · Like

Frances T. McDougall Nor do they care!April 29 at 5:24pm · Like

Frances T. McDougall And further more... Oh the hell with it.April 29 at 5:25pm · Like

Mike Combs I love the word cahoots, too. I've never spoke to Jerry and I deny exchanging meaningful glances with him.I'm not saying I wouldn't exchange meaningful glances with him, just that I haven't so far.Fran, I happen to think voters, and even seniors, should get a say in things. The recall isn't about you and the bylawchange wasn't about you. Debbie, if the first recall fails, I don't think there will be a second attempt, even if it were al-

☆☆☆☆☆☆☆☆☆☆☆☆☆☆☆☆☆

lowed. Gathering support runs into diminishing returns.And for the record, I don't think we'd have spent hours debating recalls if it weren't for one man and the barn-like struc-ture he's building.April 29 at 10:16pm · Like

Roy Earley Isn't the name of our Watchdog Bulldog Mascot Cahoots?I think it is ;)April 29 at 10:27pm · Like

Frances T. McDougall And tell me again Mike, just what did Phil do exactly that was illegal and while you're doing that ex-plain to me how the Plannin Board and the Selectmen were complicit in all this? Cite the legal rulings, not the rantings ofaall the green-eyed crybabies who started this mess, ie. lawyers and dentists whose daddies didn't build them a building.I'm serious . Please cite the illegalities of this whole process before you continuously malign a good family.April 30 at 7:31am · Like · 1 person

Susan Julian Gates ‎@Mike, as I have told you before, you can certainly have an aesthetic opinion about the building, butthere was NOTHING illegal done in the construction or purchase of the land, so why continue to harp on it? It only leadsto confusion. The blame for the recall is on one man and the people who signed the recall petitions. I hope the end resultof town meeting is the reformation of the by-law and that the moderator learns through experience how to run a meeting.April 30 at 9:14am · Like

Mike Combs I trust your judgement that this was as legal as sleeping with a neighbor's wife, but I still don't think it's ethi-cal. My ethics are not defined by what a lawyer can get away with. I continue to harp on it because the it's at the root of our current discussions, including the vote to make recalls more dif-ficult. I look at the fire station vote and conclude that voter trust in elected officials is required to get things done, andthat trust has been damaged.April 30 at 9:58am · Like

Frances T. McDougall You are not nice Mike Combs. Thank you Susan.April 30 at 3:42pm · Like

Gail Coleman Kruglak Whether you like it or not, Fran, there is a very large number of Chelmsford residents who are not re-call supporters and agree that the recall is a bit over the top, but still are very very angry about 9 North. Making every dis-cussion a chess game to block the "opponent" isn't fostering any better feeling among residents. Part of the reason townmeeting discussions went on endlessly, the fire station failed, and a big part of the great divide in town is due to the dis-pleasure about this structure. Many of my Precinct 7 neighbors feel that if it was buildable and the Chairman of the Bd ofSelectmen knew that , why couldn't ther have been discussion about the fire station expansion there? Mike is merely stat-ing his opinion, doesn't make him a bad person.4 hours ago · Like

Susan Julian Gates Gail, honestly, if people are angry, ok, but it is pretty much water over the dam. Fulminating over it is awaste of time. And have you explained to those who are so "very, very angry about 9 North" that the property was and isprivate property and that the owner has the same rights they have to build on the property within the law? As an electedofficial I would think you would want to make sure your constituents were not basing their opinions on falsehoods. Istand by my comment above and won't repeat it.4 hours ago · Like

Gail Coleman Kruglak You don't need to repeat it. As an elected official, I do alot of listening to be sure I'm hearing whatpeople think about issues, not just what I think. I'm not sure the legality of buildng is the primary issue. The intent of thePreservation Restriction as affirmed by the then board members, the Town Manager's affirmation that he was under theimpression that it was unbuildable, while the Chairman of the Bd of Selectmen knew or felt strongly that the restrictionwould not hold up. I think that's where the issue gets murky. Like you, I don't think anyone did anything illegal, but it surehas caused a whole lot of bad feelings and mistrust and telling constituents that "it's water under the dam and to basi-cally get over it", is not my style4 hours ago · Like

Osama Bin Laden's last facebook post

☆☆☆☆☆☆☆☆☆☆☆☆☆☆☆☆☆☆☆☆☆

The members of First Parish would like to extend a heartfelt

thank you to the Town of Chelmsford.

We sincerely appreciate the support shown usby the Town Meeting Representatives whovoted to approve the Community PreservationCommittee (CPC) funding for both the steepleand the town clock during Monday nights TownMeeting.

Together, in a partnership of support and caringfor this historic meetinghouse, we will truly be

guarding what our Chelmsford sires have won.

Sincerely,

First Parish StandingCommittee

Community preservation anticipates booster shotCommunity preservation anticipates booster shotBy Monica Jimenez / Wicked Local Chelmsford



Chelmsford — After two proposed Community Preservation projects caused some anxiety at this year's Town Meeting, Chelmsford residentshave reason for relief: A bill guaranteeing significant state support for the Community Preservation Act (CPA) is again advancing through thestate legislature after stalling at the end of last year’s session.The bill would assure a 75 percent state match for money collected in Chelmsford and in other towns that have adopted the CPA. Supporters saythis and other changes could bolster the CPA’s effectiveness and encourage more communities to join the voluntary program.“We’re very excited about it and sincerely hope it passes,We’re very excited about it and sincerely hope it passes,” said Carol Williams, chairwoman of the CPA committee in Rehoboth.If it does, instead of worrying over Community Preservation expenditures — unheard of in Chelmsford before this year’s Town Meeting — peoplewill be free to dream big.“With more funding, we would be able to bond projects for 10 years instead of five years,With more funding, we would be able to bond projects for 10 years instead of five years,” said Chelmsford Community Preser-vation Committee (CPC) Chairman Bob Morse. “If we were able to bond further, we could take on bigger projects.If we were able to bond further, we could take on bigger projects.”Per CPA guidelines, Chelmsford residents pay a 1.5 percent property tax surcharge with a $100,000 exemption, which comes out to about $55for the average homeowner. The money goes into a fund maintained by the Chelmsford Community Preservation Committee and can be spentonly on preserving open space, recreation, historic preservation projects and affordable housing.From 2002 to 2007, the state matched annual CPA money dollar for dollar, with the money coming from per-filing recording fees paid at countydeed registries. But increased participation in the CPA and a steep drop in real estate sales have shaken state support for the program. In the 10years since the act was passed, almost 140 more towns have adopted it, stressing state resources.In 2008, the state contribution dropped to 67 percent of local funds. The match has continued to decline, to about 27 percent this year.Chelmsford Community Preservation Committee Chairman Bob Morse told Town Meeting Thursday, April 28 that going back to a 75 percentstate match would make a difference.“It would be a really good thing,It would be a really good thing,” Morse said. “It would increase funding quite nicely.It would increase funding quite nicely.”

The right moveAs soon as the CPA was passed in 2001, Morse knew it was right for Chelmsford.“It was the answer to a long-pressing question of how to pay for certain things,It was the answer to a long-pressing question of how to pay for certain things,” Morse said. “Primarily, we were interestedPrimarily, we were interested

in preserving open space.in preserving open space.”Morse advocated adopting the CPA along with Bernie Lynch, then Chelmsford’s town manager. They put an article on the April 2001 Town Meet-ing warrant, asking representatives to accept a 1/2 percent property tax surcharge with a $100,000 exemption.Representatives approved the article and Chelmsford became the sixth community to join the CPA, after Bedford, North Andover, Duxbury, Nan-tucket and Harvard. Ayer followed three weeks later, Westford a month later and Dracut and Tyngsboro a week after Westford.At first only the CPC was proposing projects, Morse said, but once people began to learn about the fund, applications began trickling in. EagleScout hopefuls requested funding to spruce up the town’s open space with tree farms and sheds. The Chelmsford Housing Authority used CPCfunds as seed money for senior housing projects, including two developments on Sheila Avenue.But the largest CPC projects to date are Chelmsford’s town halls. The North Town Hall, currently empty, will undergo an exterior and interiorrestoration and before serving as a community center. The Center Town Hall, which has been housing the Chelmsford Center for the Arts, will beupdated to provide handicapped access and a new performance center.The projects are expected to go out to bid this month and work should begin later this year.“People will be able to drive by North Town Hall and see it fully restored,People will be able to drive by North Town Hall and see it fully restored,” Morse said. “It’s a fundamental symbol of ChelmsIt’s a fundamental symbol of Chelms--

ford and a nice thing for the town.ford and a nice thing for the town.”Putting money aside for open space, community housing and historic preservation has done wonders for Chelmsford overall, Morse said — with-out this money, the town could be a very different place.“The CPA has added to Chelmsford’s open space, created large units of affordable housing and helped the town meet its 10 percent affordablehousing requirements,” Morse said. “It has helped keep the town looking historic and beautiful.”

FlexibilityIf the state legislature passes the new CPA bill, Chelmsford could soon be allowed to use its CPC funds for one more purpose: Rehabilitating ex-isting outdoor recreation facilities. Right now, CPA funding can only be used for recreation projects originally built with CPA money, which hasproven a roadblock for communities that want to fix up older playgrounds and parks.The bill would also let communities that set a 1 percent property tax surcharge for their CPA fund count other sources of revenue, such as hotelor meal taxes, toward their local contribution. Lastly, the proposal would add another optional exemption for the first $100,000 of property valuefor commercial and industrial properties. Residents of Chelmsford and other towns already enjoy this exemption for homes.“This would provide a similar opportunity for small commercial enterprises – mom and pop businesses,” Roth said.This year, the bill has 26 cosponsors in the Senate and 90 in the House. State Sen. Cynthia Stone Creem, D-Newton, one of those who filed thebill last year, said the legislation will revive a partnership between the state and towns to fund important needs.“This bill is about enhancing the quality of life in Massachusetts, and I am very hopeful it will be enacted this year,This bill is about enhancing the quality of life in Massachusetts, and I am very hopeful it will be enacted this year,” shesaid recently.Morse is already looking ahead to what projects might be possible in Chelms-ford with more state funding. He predicts many open space owners will sell offtheir properties in the years to come; if the CPC is still going strong, it will beable to snatch up this land and preserve it.Morse has also been considering acquiring a piece of property in town that be-longs to UMass Lowell and is currently used by the state.“It’s a beautiful site with old buildings and a lot of land,It’s a beautiful site with old buildings and a lot of land,” Morse said.“It would be a terrific project that would bring together all threeIt would be a terrific project that would bring together all three

CPC purposes.CPC purposes.”In the meantime, Morse said, he and the CPC will continue doing the work theyhave done for a decade – keeping an eye on the accounts and on the commu-nity so when the need arises, they’re there.“We try to keep abreast of what’s going on so we can be ready toWe try to keep abreast of what’s going on so we can be ready to

make purchases,make purchases,” Morse said. “We’ll keep our fingers on the pulse ofWe’ll keep our fingers on the pulse of

the landowners and see what happens.the landowners and see what happens.”


She's got Chelmsford coveredShe's got Chelmsford coveredBy Marie Donovan, Sun Correspondent


CHELMSFORD -- While her official title may be executive assistant to the town manager and the Board of Selectmen, youcould also add "vent therapist" to Tricia Dzuris' unofficial calling card.

That's because when people in town get steamed about anything from controversial town business to irksome neighbors,she's often the first person they call.

"They usually start here, because our phone number is at the bottom of the town's webpage. PeopleThey usually start here, because our phone number is at the bottom of the town's webpage. People

need someone to listen to them and to vent their frustrations to,need someone to listen to them and to vent their frustrations to," said Dzuris, who will be honored tomorrowalong with her peers across the country on Administrative Professionals Day.

Someone more flappable might complain, but Dzuris, 50, said with the occasional exception of a resident who is really un-hinged, she is glad to provide the service.

"I enjoy working with the public. If I was tucked away in a back office, I wouldn't enjoy it as much as II enjoy working with the public. If I was tucked away in a back office, I wouldn't enjoy it as much as I

do,do," she said. "Sometimes, municipal employees get a bad rap, but one thing I love about this job is, ISometimes, municipal employees get a bad rap, but one thing I love about this job is, I

have fantastic co-workers.have fantastic co-workers."

Not all of her callers are angry.

One woman, for example, called because she wanted someone to rescue a squirrel that was stuck in the ice in her back-yard, flailing around. Dzuris has fielded calls about raccoons in trees, skunks under sheds and opossums in garbage cans-- you name it.

"I do a lot of redirecting. I get a lot of animal-control calls,I do a lot of redirecting. I get a lot of animal-control calls," she said.

Dzuris started her career with the town as a billing clerk in the Sewer Department in 2005.

Her duties sound like they would be hard to fit into one person's job, but somehow she manages. In advance of yester-day's annual Town Meeting, Dzuris worked with Town Manager Paul Cohen to prepare the multipage warrant. She alsodoes all of the online postings for the Board of Selectmen's various committees and those appointed by the manager.

"The website takes up a lot of time, but I enjoy it. We try to keep it current. My town manager is veryThe website takes up a lot of time, but I enjoy it. We try to keep it current. My town manager is very

open and transparent. Any time a document comes in, it goes on the web immediately,open and transparent. Any time a document comes in, it goes on the web immediately," she said.

Each fiscal year, the Chelmsford resident also does the layout and design for the annual Town Report.

"I love it when the community sends me pictures of events in town,I love it when the community sends me pictures of events in town," she said.

Dzuris, who previously helped raise $100,000 in funds as a member of the Varney Park Restoration Committee, serves onsome appointed town committees after hours.

"I'm on all the fun committees -- the ones that get to give money away,I'm on all the fun committees -- the ones that get to give money away," she said.

Those include the Celebrations Committee, the Arts and Technology Education Fund, the Community Action ProgramCommittee and the board of directors for the Paul Center. Dzuris also helps coordinate Winter Fest, the Farmers Market,the Holiday Prelude and various events at the Chelmsford Center for theArts. She also serves as director of Chelmsford Stars Come 4th, which isput on each May by the Parade Committee.

"It's just incredible, the talent in the showIt's just incredible, the talent in the show," she said. While shehas never held elected office, Dzuris was recently appointed to serve anunexpired one-year term as a Town Meeting representative for Precinct 1.

Before she began her career as a municipal worker, Dzuris was a makeupartist for Ultima II cosmetics and later an account executive who soldOscar de la Renta fragrances and Liz Claiborne cosmetics to departmentstores in New England and New York.

She'll still offer beauty tips if you ask.

"The mineral powders work great, but use a smoothing baseThe mineral powders work great, but use a smoothing base

first,first," she said.

A single mom whose daughter is in college, Dzuris also took a big per-sonal leap in 2007 when she became a foster parent. Her most recent fos-ter child returned to his birth father earlier this month, and while shemisses him a lot, she wouldn't change the time they had together for any-thing.

"It has been very rewarding. My office mates are so supportiveIt has been very rewarding. My office mates are so supportive

of it,of it," she said.

Woman allegedly attacked Woman allegedly attacked by group home resident Sunday morningby group home resident Sunday morning

in South Chelmsfordin South Chelmsford

Kevin Zimmerman/Staff Reporter • Mon, May 09, 2011www.chelmsfordmassnews.com

A 29-year-old resident of a Gary Road group home reportedly entered a nearby home Sundaymorning where he allegedly attacked a pregnant female occupant.

According to the police report, Thodla Chhom, a resident of a Massachusetts Department ofPublic Health group home for individuals with mental retardation at 5 Gary Road, appeared atthe front door of a nearby home.

After telling the neighbor he was looking for a cat, Chhom reportedly entered the home,grabbed the woman and tore off her shirt.

The woman's husband was home at the time of the alleged incident. The husband told policehe witnessed the attack on his wife then tackled Chhom. Both men ended outside on thehome's front lawn.

According to the police report, the smaller Chhom, who is listed as being 1 foot shorter thanthe husband, was able to rip the man's shirt off before fleeing to the nearby group home.

Neither husband nor wife received serious injuries beyond a small scratch to the arm.

Responding officers Paul Richardson and Gary White then went to 5 Gary Road to speak withthe two individuals charged with supervising the group home's residents.

According to the report, neither supervisor was aware that Chhom had left the house.

Believing Chhom posed an "obvious" threat to others, the Chelmsford officers contacted Trin-ity Ambulance to have him transported to Lowell General Hospital.

Officers then contacted Michael Weir, director of nine group homes, to tell him what had oc-curred. Weir said he would pick up Chhom and take him to the more secure Hogan RegionalCenter in Davers.

Chhom had been at the Hogan center before moving to the Gary Road home, said Weir.

Weir said after spending time at Hogan, Chhom would be returned to the Gary Road home.

As of mid-day Sunday, no charges had been filed.

Wine Rack license debateWine Rack license debate

back to Step 1back to Step 1Kevin Zimmerman/Staff Reporter • Wed, May 11, 2011


After Town Meeting went into overtime, the clock has

been reset on the Wine Rack license transfer debate.

The Board of Selectmen opened the public hearing ona request to transfer the license from its Boston Roadto a proposed Alpine Lane site in mid-April.

As per the board's policy, it did not vote that night, but agreed to con-tinue the hearing to its next regularly scheduled meeting.However, that May 2 session was cancelled because Town Meetingwent to a third night.

Because the selectmen continued the hearing to a specific date andtime then cancelled the meeting, it's back to the beginning."Basically the hearing needs to start over,Basically the hearing needs to start over," said Town ManagerPaul Cohen.

On May 23, the board will open another hearing on the matter, butCohen doesn't expect this one to linger.

"I believe they will make a decision that evening,I believe they will make a decision that evening," said Cohen.Board of Selectmen Chairman George Dixon,however isn't so sure about an open and shutdebate.

"I'd have to discuss this with the board,I'd have to discuss this with the board,"said Dixon. "If they want to take a vote thatIf they want to take a vote that

night, we'll take a vote. If not, we'll put itnight, we'll take a vote. If not, we'll put it

off.off."

Chelmsford Chelmsford officialofficial admits dumping fill in Billericaadmits dumping fill in BillericaBy Evan Lips, [email protected]


BILLERICA -- A Pinehurst resident who got caught dumping fill into the wetlands behind his house also hap-pens to be the Town of Chelmsford's building inspector.

Scott Hammond, owner of a split-cape-style house on Highview Street, appeared last night before the Conser-vation Commission and admitted he knew what he was doing when he dumped truckloads of fill into a town-owned protected wetlands area.

"I apologize,I apologize," a stoic Hammond said.

Conservation Commission Director Markus Pinney said Massachusetts Department of Environmental Protec-tion officials contacted him after they heard from one of Hammond's neighbors that fill was being dumped ontoprotected areas. Such dumping is illegal.

Hammond rarely spoke during his enforcement hearing. His attorney, Stephen Lentini, said Hammond was notappearing before the commission with a "combative nature" and is ready and willing to work with the town.

Lentini later led commission members through a photographic timeline detailing the evolution of Hammond'sproperty, beginning in 1987 when Hammond bought the house.

He showed aerial photographs of the property as it appeared the year after Hammond moved in, and in theyears 2001, 2005 and 2008.

Lentini paused on the 2008 photo and said that was the year Hammond, "in an effort to pull some of hisin an effort to pull some of his

trailers around the back, laid down some loam and some gravel in a resource area.trailers around the back, laid down some loam and some gravel in a resource area."

"There's no argument from us tonight,There's no argument from us tonight," Lentini said."All we're looking for is a little bit of extra time to fix itAll we're looking for is a little bit of extra time to fix it."

Pinney acknowledged that arranging for a soils expert to work with Hammond will take weeks.

Before Hammond apologized, commission member Diane DePaso said she was "shockedshocked" to hear that notonly did someone willfully dump fill on top of protected wetlands, but that it was done by an enforcement officialemployed by a neighboring town.

"Did you not know that this was town property?Did you not know that this was town property?" she said. "So you knowingly built on townSo you knowingly built on town

property and filled in protected wetlands?”property and filled in protected wetlands?”

"Well, thank you for being honest,Well, thank you for being honest," she added, "but I have to say I was shocked when I sawbut I have to say I was shocked when I saw

this.this."

DePaso said some of her shock came from the fact that she works as a volunteer on a town board.

"When I hear that somebody employed by a town did this ... I am shocked,When I hear that somebody employed by a town did this ... I am shocked," she said.

After the meeting, Hammond said he is "going to make it right.going to make it right." He also admitted that part of a swimmingpool he installed 20 years ago encroaches on town property, as well.

Billerica Town Manager John Curran could not be reached for comment.

Conservation Commission members voted to meet again July 13 to discuss the status of efforts to clean up thewetlands near Hammond's property.

Lentini said the extra time will give officials opportunity to put together a restoration project, which will likelybegin in the fall.

Choosing Chelmsford - An Opportunity for us!Choosing Chelmsford - An Opportunity for us!

II choose to think of our upcoming election as an opportunity.

Let's determine how we work together to ensure that rather than run anegative campaign against the recall - we run a positive campaign tourge people to go to the polls to show that we support our elected officials, that a small but well-funded minority cannot overcome thegreater electorate, when that electorate is rallying around a basic andfundamental premise about what we value as a community.

II am not against an individual or a small group,

II am not for/against a building,

II am for Chelmsford.

Let's make this about much more than what others want to debate, let us win a decisive victory, aim for record turnout, and count on thevoters of Chelmsford being what they are - smart, engaged, andproven to speak loudly when enrolled correctly.


Timothy Timothy McIlvennaMcIlvenna11 Brook Street11 Brook Street

EXTRA ExtrasEXTRA Extras

AFTER PROM BREAKFAST: Parents - The CHS PTO sponsors an After Prom Event every yearsince 1986. This is a well-chaperoned alcohol and drug free event.This event has been instrumental in preventing a tragedy from happening here in Chelmsford. Parents we need your “support”.Please encourage your senior to attend the After Prom, spread theword to other parents and most importantly send in a financial donation. This is a very expensive endeavor and this year, we arevery far from our fundraising goal. Please consider sending in a donation, approach your place of employment, or ask your local businesses that you frequently visit to help support this importantevent. Unfortunately, without supportthis event will have to be significantly downsized this year.

The APB Committee would like tothank everyone who has donated or volunteered to help the APB. How-ever, we are in need of food donations for breakfast. Please con-sider donating something from the list. For more information, seeflyer in important documents.

Most seniors prefer not to have their parent/guardian chaperon. Parents of juniors, sophomores and freshman we could use your help.Please consider volunteering from11:30PM to 5:30AM on June l to the 2.

If you have any questions, please contact Noni Smith at [email protected] or call 978-256-1438.

Please send all donations to the CHS After Prom, 200 RichardsonRd,N Chelmsford, MA 01824.

Thank you for your support!

QUOTE OF THE WEEK:

“Without justice, “Without justice,

courage is weak.”courage is weak.”- Benjamin Franklin

What Obama andWhat Obama and

Trump Did theTrump Did the

Night OsamaNight Osama

bought the farmbought the farm


Obama AddressesObama Addresses

the Nation Afterthe Nation After

the Death ofthe Death of

Osama bin LadenOsama bin Laden

- Unedited- Unedited


You say Osama, I sayYou say Osama, I say

ObamaObama

Osama, ObamaOsama, Obama

Obama, OsamaObama, Osama

Let’s call the wholeLet’s call the whole

thing offthing off

CLICKCLICK

HEREHERE

Hitler finds out that OsamaHitler finds out that Osama

Bin Laden is deadBin Laden is dead



http://www.youtube.com/watch?v=_VfF5fMAFmI&feature=grec_index

http://www.youtube.com/watch?v=_VfF5fMAFmI&feature=grec_index

http://www.youtube.com/watch?v=YsnRKP56oxg&feature=related




https://www.youtube.com/watch?v=GzKp43RC9Dk&feature=player_embedded









https://www.youtube.com/watch?v=jizISMi47Ho&feature=player_embedded#at=56







https://www.youtube.com/watch?feature=player_embedded&v=9lKNzk_4iew#at=48

https://www.youtube.com/watch?feature=player_embedded&v=9lKNzk_4iew#at=48

If you have any comments on the If you have any comments on the In-Town Report In-Town Report drop me a line atdrop me a line at

[email protected]@gmail.com

In-Town Report News Links:

LOWELL SUN

CHELMSFORD INDEPENDENT

CHELMSFORDMASSNEWS.COM

CHELMSFORD PATCH

ROY EARLEYROY EARLEYTown Meeting Representative Precinct 6Town Meeting Representative Precinct 6In-Town ReportWestlands WatchdogsOpen Space Steward

ITRITR on FACEBOOK link

http://www.facebook.com/group.php?gid=68800427919&ref=ts

http://chelmsford.patch.com/

http://chelmsfordmassnews.com/clients/chelmsfordmassnews/index1.htm?twindow=Default&smenu=1&mad=No

http://www.wickedlocal.com/chelmsford/

http://www.lowellsun.com/

Itr may 15

News & Politics

Transcript of Itr may 15