IN-TOWN REPORT 08 12 09

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In-Town Report Conceptual photo / Not the actual official design Not the actual official design

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The latest IN TOWN REPORT contains a great deal of information about current issues facing our town, many townwide photos, and video links to local TV shows and meetings, all contained in one convenient & free publication. This IN TOWN REPORT should be useful to anyone interested in the town of Chelmsford. This issue of the IN TOWN REPORT covers the following: * SPECIAL TOWN MEETING ARTICLES - VIDEOS * TOWN MANAGER & FIRE CHIEF ANSWER QUESTIONS * LINKS TO FIRESTATION & DPW NEW PROPOSAL BRIEFINGS * CHELMSFORD RESIDENTS APPEAL BILLERICA 40B - VIDEO * REPEAL 40B CITIZEN'S INITIATIVE PETITION * AFFORDABLE HOUSING PLAN COMMITTEE * PROPOSED GROTON ROAD ASPHALT PLANT * NIKI TSONGAS HEALTH CARE FORUM * MORE LOCAL TOPICS * VIDEO OF CHELMSFORD RESIDENTS ON NBC DATELINE PROGRAM * $3.8 MILLION FEDERAL STIMULUS MONEY AWARDED TO CHELM * WOODSTOCK 40TH ANNIVERSARY REFLECTIONS * MANY MORE TOPICS OF LOCAL INTEREST...PHOTOS & VIDEOS Reminders: (1) Community Gardens Grand Opening Party, Saturday, August 15th at 9 AM, on Robin Hill Road. (2) The Bruce Freeman Rail Trail (also known as the Bike Path) will have a Grand Opening ribbon cutting ceremony & other celebrations on Saturday, August 29th, beginning at 10:00 AM in Chelmsford Center! Thanks to all of you who help make Chelmsford such an outstanding town. Tom Christiano TM Representative, Precinct 9 CHRISTIANO PRODUCTIONS: POLITICALLY INCORRECT: Tues & Weds 8:30 PM; Thurs 7:00 AM; Sundays 11:00 AM Chelmsford Cable TV Channel 8

Transcript of IN-TOWN REPORT 08 12 09

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In-Town Report Conceptual photo / Not the actual official designNot the actual official design

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Hello,

Next Monday night (8/17) is the special Town Meeting.

Articles 1 & 2 ask if Chelmsford should tack on a additional 0.75% to the meals taxbringing it up from 6.25% to 7%.And increasing the town's hotel occupancy tax from 4 % to 6 %.All the monies from these increases will be funneled back into the town.

Article 4 asks for a new consolidated Department of Public Works to be locatedon Alpha drive in an existing building.

And Article 5 asks for a new Center Fire Department to be builton the ball field between Chelmsford Street and Wilson Street .

As a resident you do not need to be a Town Meeting RepresentativeAs a resident you do not need to be a Town Meeting Representativeto have your voice heard.to have your voice heard.

If you have strong opinions on these issues all Chelmsford residents canIf you have strong opinions on these issues all Chelmsford residents canask questions and or debate the topics at hand at Town Meeting during theask questions and or debate the topics at hand at Town Meeting during theappropriate time.appropriate time.

Although a Non-Rep cannot vote they can still be heard, by contacting yourAlthough a Non-Rep cannot vote they can still be heard, by contacting yourTown Meeting Representatives in your precinct.Town Meeting Representatives in your precinct.

I remember when I was collecting signatures to run for a Town Rep seat one of my neighbors asked me“Who is our precinct 6 Rep now?”

They were surprised when I replied “You have 18 of them.”

CLICK HERE for a list of your Town Meeting Representatives

Thanks,Roy

PS: If you are in Tom Christiano’s or my precinct and would like to share your opinions on theTown Meeting articles feel free.We welcome your input.

ROY EARLEY TOM CHRISTIANO184 Chelmsford Street 6 Drew CircleTM REP Precinct 6 TM REP Precinct [email protected] [email protected]

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$electmen No tax hike for$electmen No tax hike forhotels, restaurantshotels, restaurants

http://www.lowellsun.com/local/ci_12928786

Residents make call at Chelmsford Town MeetingResidents make call at Chelmsford Town MeetingBy Rita Savard, [email protected]

07/28/2009

CHELMSFORD -- After chewing on the idea of raising taxes on restaurant meals and hotel rooms, select-men decided not to support the move in a 3-2 vote last night.

Special Town Meeting will have the ultimate say on whether to increase the town's hotel occupancy taxfrom 4 to 6 percent, and tack an additional 0.75 percent onto the state's 6.25 percent tax for restaurantmeals on Monday, Aug. 17.

But Selectmen Clare Jeannotte, Eric Dahlberg and Sean Scanlon saidthey could not recommend that voters take on more tax increases duringa stalled economy. Selectmen Pat Wojtas and George Dixon said theywere in favor of the local options taxes to help pump an estimated$290,000 back into town coffers.

With Chelmsford down $1.7 million in state aid from last year, Wojtas saidthat at least the state provided some room to help recoup the loss.

"They are exactly that -- local options," she said, adding that the hike would cost another quarter on a $30meal tab. "You either go out to eat, stay at a hotel or you don't. It's a choice. If you can afford a $30 meal,you can afford a quarter."

Jeannotte, who opposed the tax hikes, said the town could have saved hundreds of thousands more if statelawmakers gave cities and towns the power to forgo collective bargaining with unions over health-insuranceplans. Instead, Jeannotte said the burden of shouldering a shortfall in state funding has once again fallenon local businesses and taxpayers.

Local-option taxes, enabled under the new state budget signed by Gov. Deval Patrick, were created as ameans for cash-strapped cities and towns to bring in additional revenue in the wake of state cutbacks.

Town Manager Paul Cohen said approving the local-option taxes could generate about $290,000 in addi-tional revenue for Chelmsford, according to estimates from the Department of Revenue.Without the tax in-crease, Cohen said Chelmsford schools will have to cut an additional $200,000 from their budget, andanother $87,000 will have to be stripped from the town's public-safety departments.

In a separate 3-2 vote, selectmen last night shot down a proposal to build a new $12 million Center FireStation on the corner of Wilson and Chelmsford streets, with Jeannotte, Dahlberg and Scanlon opposingthe measure, and Wojtas and Dixon voting in favor.

"There's no question this building is deplorable and doesn't meet the needs of a modern station," Jeannottesaid. "But I would find it much easier to support something a little smaller, in a different location that costsless."

Dahlberg said he would have no problem supporting to replace the sagging fire station's floor for about$600,000 instead, but was hard-pressed to support a multimillion-dollar building that the town is not evensure it can staff when completed.

Selectmen also voted 4-1 to recommend relocating the town's Department of Public Works to the OldMother Hubbard dog-food plant on Alpha Road, for about $12.8 million -- a cost savings of more than $18million, which the town would pay to build a new facility from scratch. Dahlberg cast the dissenting vote.

All articles will ultimately be decided by Special Town Meeting.

The Selectmen explainThe Selectmen explainthe reasons forthe reasons fortheir votes on thetheir votes on thelocal tax optionlocal tax option

CLICK HERECLICK HEREfor VIDEO CLIPfor VIDEO CLIP

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From www.chelmsfordmassnews.com

Selectmen just say ‘Selectmen just say ‘NoNo ’’7/26/097/26/09

By Kevin Zimmerman

By a 3-to-2 vote, the Board of Selectmen decided not to support the plan to implement new restaurant andhotel taxes at the Aug. 17 special Town Meeting.

Only board members Pat Wojtas and George Dixon agreed the local option taxes, which are expected toraise about $287,000 this fiscal year, would be a good idea.

Wojtas cast a positive vote because she believes these are the types of revenue generators the townpushed its legislators to pass on Beacon Hill.

Dixon and Wojtas also cast the only two “Yes” votes in support of a new Center Fire Station on Wilson andChelmsford streets.

Selectmen Chairman Clare Jeannotte agreed the current facility is no longer adequate but would be morecomfortable supporting a smaller station at a different location. She did not elaborate on how big or wheresuch a building should be constructed.

Selectman Eric Dahlberg said he would be willing to support spending $600,000 out of the Capital Budgetto fix the floor of the station.

Board member Sean Scanlon dismissed the whole idea of anew station. He believes the current structure, built in 1952,remains a viable option for a department whose mission hasnot changed.

Chelmsford Fire Fighters Local 1834 Union President JohnKivlan said that is simply not true.“Our mission has changed,” Kivlan said Tuesday morning.“When it was built in 1952, it was built for a call (volunteer)fire department.”

Over the years, as the town’s population increased, the number of calls has also risen, said Kivlan.

And the types of calls and how to respond to them, including hazardous material spills and more technicalrescue operations, are always evolving.

*************************************************************************************

Sean Scanlon responds to articleSean Scanlon responds to article

To the Editor:

I just wanted to write you to clarify your article detailing my position on the fire station. Iam not sure why you reported that I do not support the construction of a new fire stationat all, since I stated that I do, just not the option that was presented. I usually would notdo this, but I am providing you my transcript from last night, given the apparent misunder-standing.

Regarding comments that the fire department’s mission has not changed since the facility was built in 1952,those were not my words either. In making my decision, I tried to use data provided by the fire chief andtown manager regarding personnel numbers since 1985.

I requested 25 years of data to gain a long term picture of staffing, and to try to make a prediction abouthow things might look 25 years from now since the station would serve us well for at least another 50 years

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if built. The data showed that since 1985, the number of fire personnel has not changed dramatically. Inmaking my statement about the fire department’s mission, my confusion wasn’t that the mission couldchange – I certainly understand that the mission of our fire department has evolved, especially since 9/11.

My confusion wasn’t that the department needs more space – I get it – trucks are bigger and the fire fight-ers need a place to sleep. I just questioned whether the mission has changed so much that it warranted afacility three times the size of the current station.

Since my campaign, I have promised to speak my mind on every issue. As a public official, it is my duty toclearly articulate my positions to the public. Given the confusion from my words last night, it seems I didnot succeed in doing so. I apologize to the firefighters of Chelmsford for misrepresenting the job they do,even if unintentionally. I have great respect for the servicemen and women of our town.

As a Selectman, my number one priority is serving the tax payers of our community. I just want to ensurethat if we are going to pay beyond 2 ½ for a fire station, that it is built to serve the requirement as frugallyas possible. If you have any questions, please do not hesitate to contact me.

Sean ScanlonSelectman, Town of Chelmsford

My prepared comments from Monday night:

“I first want to delineate that my position on this project is not a reflection of the firefighters. I respect thejob they perform and appreciate the way they put themselves out there for those in need. I also believethat the firefighters need a new station, and that the current one is not safe, and does not fulfill their opera-tional requirements.

I also understand that the current site is not conducive to meeting their future requirements. I support ask-ing the public if they are willing to pay for a new station. That being said, I have misgivings about the cho-sen location, and the project’s size.

For decades, the fire department has operated from the current station without difficulty.While the configu-ration was not ideal, the fire fighters made it work and I applaud them for that. I understand that largertrucks require larger space, and technology should be upgraded to meet 21st century technological andsafety standards.

What I find confusing is that a mission requirement could change such over the past 25 years to requirenot double, but triple the size facility with relatively little change in personnel numbers.

“There have been comparisons made with the upgraded police facility completed a few years ago, almostto a point where I have to ask whether the push for a large fire station is based more on comparing red toblue, than upon requirements.

The police station was built during a different economic climate and under different leadership. Had the po-lice station been proposed today, I would likely have the same concerns that I am sharing with you tonight.The fire station is being requested during difficult financial times.

If you are going to request a new building in a recession, I feel that there should be certain understand-ings. In summary, I support the construction of a new fire station, but cannot in good conscience as arepresentative of the community support the option as presented.”

***********************The Selectmen explain theThe Selectmen explain thereasons for their votes onreasons for their votes onthe new DPW buildingthe new DPW building

CLICK HERECLICK HEREfor VIDEO CLIPfor VIDEO CLIP

The Selectmen explain theThe Selectmen explain thereasons for their votes onreasons for their votes onthe new Center Fire Stationthe new Center Fire Station

CLICK HERECLICK HEREfor VIDEO CLIPfor VIDEO CLIP

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From www.chelmsfordmassnews.com

Finance Committee disagrees on Fire Station proposalFinance Committee disagrees on Fire Station proposal7/30/09

By Kevin Zimmerman

Although the Finance Committee plans to recommend passage of the five articles at the Aug. 17 specialTown Meeting, the fire station proposal failed to garner unanimous support.

The six members at Thursday’s meeting, Dwight Hayward was not present, agreed something needs to bedone to address an inadequate Center Fire Station, but could not reach a consensus on when such a proj-ect should happen.

Chairman Mary Frantz and member David Turocy balked at the idea of bringing the $12 million fire stationplan and a $13 million proposal for a new DPW facility to representatives in one meeting. Both voted not torecommend approval of the fire station article.

They believed the DPW project should move forward because purchasing and rehabbing the Alpha Roadbuilding -- which is currently on the market -- would lower the cost of that facility about $18 million.

Turocy, who served on the DPW/Fire Facilities Study Committee, worries that if officials ask for too much atone time, voters could reject both projects.

“It’s in the best interest of the town to get something rather than nothing,” said Turocy. “I’m voting againstgetting nothing.”

One project is going to be a “hard sell” to financially strapped residents, so why push for two? asked Frantz.

“I’m with Dave,” said Frantz. “I’m not certain people will feel we ought to deal with two capital projects atonce.”

Member Vincent Villano questioned the logic behind the wait-and-see-if-we-can-afford-it-later attitude.

“There is never a good time,” said Villano. “This is not a luxury. I don’t know how I can’t support it.”

Villano and member Jon Kurland said the distressed economy brings down the costs of borrowing funds,purchasing material and hiring contractors.

If the town waits, the fire station becomes more expensive.

Right now, the cost of borrowing $12 million is expected to increase the taxes on the average single-familyhome around $72 a year.

Kurland doesn’t believe a $20-per-quarter tax increase -- in the payback schedule’s peak year of 2013 --should kill the station plan.

“The fire station is a less expensive project with a greater need,” said Kurland. “You’re sending the wrongmessage.You’re saying the fire station is not required much as the DPW.

**********************************************************

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Recommendations: One from Column A, One from Column B7/31/09

By Kevin Zimmerman

Town Meeting representatives will hear conflicting recommendations on the adoption of local option taxes atthe Aug. 17 special session.

On Monday, the Board of Selectmen voted 3-to-2 not to recommend approval of either the restaurant mealor hotel room tax.

But on Thursday night, the Finance Committee opted for a different approach.

The six members present voted unanimously to recommend Town Meeting adopt the taxes.

“These are small areas to raise revenues in town,” said Finance Committee member Vincent Villano. “I can’timagine this affecting businesses at all.”

If approved, the restaurant meal tax would increase by ¾ of one percent, which with the state sales tax in-crease to 6 ¼ percent set for Saturday would make Chelmsford’s rate 7 percent.The hotel room tax would increase to 6 percent.

“The meal’s tax in New Hampshire is now 9 percent,” said Finance Committee member Jon Kurland. “But, ifthere’s a restaurant you want to go to you are going to go regardless if (meal taxes) 7 percent or 9 percent.”Kurland said the meal’s tax would have a greater impact on residents than the hotel tax, but he did not be-lieve the town could reject either.

“We don’t have much choice,” said Kurland.

Chairman Mary Frantz agreed.Frantz said towns that don’t accept these options will not find sympathy from Beacon Hill when asking forlocal aid relief.

“I can hear the legislators say, ‘Are you taxing to the levy limit? Did you adopt local option taxes?’” saidFrantz. “We’ve been begging for local options. I don’t think this will affect businesses. If you go out to eat, it’spart of the bill.”

***********************************Chelmsford boards split on hotel, meals taxChelmsford boards split on hotel, meals tax

By Rita Savard, [email protected]/08/2009

CHELMSFORD -- Taking a different stance from the Board of Selectmen, the Chelmsford Finance Commit-tee finds raising hotel room and restaurant meal taxes more palatable.

In a 6-0 vote, the Finance Committee recommended that Town Meeting adopt raising the taxes on restau-rant meals and hotel rooms to help offset reductions in state aid. Committee member Dwight Hayward wasnot present to vote.

"We need the revenue. The new budget the town manager put together depends on that revenue," said Fi-nance Committee Chairwoman Mary Frantz. "We didn't feel raising the meal tax was going to impact peopleto that great of an extent, because when people go out to eat they don't make a decision based on the tax."

The Finance Committee's vote sends a different message to Town Meeting, compared to the Board of Se-lectmen, which voted against the tax increases in a previous 3 to 2 vote. Selectmen Clare Jeannotte, SeanScanlon and Eric Dahlberg said hiking taxes any more would place too much of a burden on residents in a

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stalled economy.

Selectmen Pat Wojtas and George Dixon recommended the local options taxes for the same reasons as theFinance Committee.

With Chelmsford down $1.7 million in state aid from last year, Frantz said increasing the town's hotel occu-pancy tax from 4 to 6 percent, and tacking an additional .75 percent onto the state's 6.25 percent tax forrestaurant meals, gives municipalities something they've been lobbying for.

"We've been asking our state legislators again and again for options," she said. "They gave us an option, sowe felt we ought to take it."

Chairwoman Jeannotte, who opposed the tax hikes, has said the town could have saved hundreds of thou-sands more if state lawmakers gave cities and towns the power to forgo collective bargaining with unionsover health-insurance plans. Instead, Jeannotte said the burden of shouldering a shortfall in state fundinghas once again fallen on local businesses and taxpayers.

The decision to increase the tax ultimately rests in the hands of Town Meeting representatives on Monday,Aug. 17. The local options taxes can go into effect in October if approved by municipalities by the end of Au-gust.

The Finance Committee also voted unanimously to support building a new $12 million Center Fire Stationon the corner of Wilson and Chelmsford streets, and to relocate the Department of Public Works to the OldMother Hubbard dog food plant on Alpha Road. In a previous 3 to 2 vote, Selectmen shot down the fire sta-tion proposal, but voted 4 to 1 in favor of relocating the DPW, with Dahlberg casting the dissenting vote.

***********************************Trying to sell the DPW and Fire Station plansTrying to sell the DPW and Fire Station plans

8/7/09By Kevin Zimmerman

Less than a quarter of the Town Meeting representatives turned out Thursday night to hear why officialsinsist Chelmsford needs a new DPW facility and Center Fire Headquarters.

The short version appears to be the belief that both departments currently operate out of woefully out-datedand inadequate buildings.

Permanent Building Committee Chairman Pat Maloney opened his presentation with a PowerPoint slideshowing the Richardson Road DPW site that uses a trailer as its main office and includes buildings withcracks running from the foundation to roof.

“A picture really tells a thousand words,” said Maloney. “The DPW responsibilities have increased signifi-cantly over the years but the facilities haven’t kept pace.”

Town Meeting will vote on a $13 million proposal to purchase theOld Mother Hubbard building on Alpha Road along with a coupleof adjacent parcels, which would then be converted into a unifiedDepartment of Public Works center.

Right now, DPW is spread around town at four locations includ-ing the Sewer Department’s office on Kidder Road, which coststhe town $74,100 a year in rent.

Town Manager Paul Cohen said the $13 million project could beadded to the current excluded debt levy without any significantchanges to residents’ tax bills.

The town’s excluded debt currently consists of the $31 million middle and high schools projects and the on-going sewer construction.

Today, the costs of those projects add about $460 to the bill of a $360,000 residence -- the town’s average

Proposed Alpha Road siteProposed Alpha Road site

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single-family home value.But as the principal declines, as the town pays off those projects, the DPW costs would be substituted inkeeping the level at about $460 for excluded debt.

Adding in the $12 million Center Fire Station plan would bump up that $460 payment $73 in the peak pay-back year, fiscal 2014, said Cohen.

The current North Road fire station was constructed in 1952 for a volunteer department servicing a town of10,000 residents.

A fire headquarters on Wilson and Chelmsfordstreets would address the current site’s lack of train-ing room, living quarters and office space, said Mal-oney. And it would be constructed on a parcel thetown already owns.

The proposed 27,041 square-foot building would in-clude five vehicle bays to allow storage of equip-ment now scattered around town.

Fire Prevention and its equipment now housed atthe Princeton Street station would be moved to theCenter, where it should be, said Maloney.

There would also be room for an emergency com-mand center and a backup dispatch facility.Although no reps suggested the fire station should not be replaced -- pointing to the fact that the basementof the North Road site is currently filled with wood cribbing keeping the floor above in place -- some stillquestioned the size and location of the new building.

“Wilson Street should be preserved as open space in the Center,” said Ralph Hickey.Hickey also worried what would happen to the girls’ softball fields currently located on the Wilson Streetsite. Those ball fields, now utilized by the youngest players, would be moved to Southwell Park where themajority of softball games are played.“If the girls had a place to play in the Center, I’d support it,” said Hickey.

Other reps had concerns about the impact a 27,000 square-foot building would have on the 2 acre site. Thecurrent North Road facility is a 3,500 square-foot building on a 10,000 square-foot lot.

Although the Permanent Building Committee has not developed a plan that shows the exact location of thebuilding, Maloney said it would take up about one-quarter of the lot.Still others worried about trucks pulling out onto Chelmsford Street.

Fire Chief Jack Parow said the trucks would control the traffic lights at Chelmsford and Fletcher streets andin Chicken Corner, just as they currently do on North Road.

Town Meeting will vote on both proposals at its Aug. 17 special ses-sion. Both articles require a two-thirds majority to pass.

If one or both passes at Town Meeting, a special election will be setfor October to allow all voters a chance to weigh in on the plans.

On Aug. 12, both the Richardson Road DPW and the North Roadfire station will hold open houses to give residents a chance to seewhy the building committee believes both locations should be re-placed.

Fran McDougall offered a unique suggestion for Town Meeting to close Thursday night’s forum.

“Can we have a signup list for those who toured the facilities?” she asked. “If you didn’t you can’t ask anyquestions at Town Meeting.”

While that earned some laughter it probably wouldn’t garner support from town counsel, said Cohen.

Proposed Chelmsford/Wilson Street siteProposed Chelmsford/Wilson Street site

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The following is a question for the Chelmsford Chief of the Fire Department:

Why do we need the proposed new Fire Station to be this particular size?

Answer from our Fire Chief, Jack Parow:

The size of the New Station is based on the services we provide (our Mission) and the equipment we useto provide those services. The Engineers and Architects that are familiar with fire station design and thecurrent standards reviewed our operations and needs and came up with the space requirements for ourdepartment's needs both current and into the near future. Keep in mind the current station was built over55 years ago for a volunteer department. It was not built to provide the type of services we provide today.

Currently we house seven (7) pieces of apparatus in the Center Station:Engine 1 (Quint), Rescue 1, Rescue 2, Shift Officer's Vehicle, Brush Engine 1, a boat and a large traileredelectric generator.

The following pieces of equipment were in the Center Station before we lost the basement and would againbe stored in the new center station:Reserve Engine 6, the Fire Alarm Truck, the Chief's car and the Operations Deputy's car. They do not fit inthe station anymore because of the shoring in the basement. I think you need to remember that we had 6bays of space before we lost the basement.

The new plan calls for centralizing our operations and relocating Fire Prevention in the new station. Thiswould require space for the fire prevention office and room for the Fire Prevention Deputy's and Fire Pre-vention Captain's car inside. In addition, we need to house the Special Operations trailer (for Haz Mat andtrench rescue, which is now outside) and the arson investigation car inside.

The reason to house the staff vehicles inside is that they all respond to various emergencies and in thewinter you have to brush snow and scrap ice off of the windows before we can respond. In addition, all thebattery operated equipment, i.e., meters, computers, etc. freeze in the winter and will not function properlyuntil they warm up.

This is no way to operate a business when someone's life could be on the line. All in all, I think if you lookat the proposed floor plan the office space is very conservative. We are not looking for more than we needto do our jobs properly. The apparatus floor and storage area accounts for one third of the over all space.

There are two rooms on the floor plan that may create some confusion because of the way they are la-beled, the "MEP" room is the mechanical, electrical and plumbing room and the "FP" room is for the fireprotection systems (fire alarm and sprinkler).

Replacing this station is not a new idea, the 1996 Town Master Plan called for a new Center Station.

A link to the recent Firestation & DPW briefings is as follows:

For FIRE DEPT. CLICK HEREFor FIRE DEPT. CLICK HERE For DPW CLICK HEREFor DPW CLICK HERE

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WWhhaatt iiss tthhee ccuurrrreenntt ssttaattuuss aass ffaarr aass uunniioonn nneeggoottiiaattiioonnss aanndd ccoonnttrraaccttss ggoo??WWhhiicchh uunniioonnss hhaavvee sseettttlleedd tthheeiirr ccoonnttrraaccttss ssoo ffaarr??

TToowwnn MMaannaaggeerr PPaauull CCoohheenn ::

TThhee TToowwnn ooff CChheellmmssffoorrdd’’ss GGeenneerraall GGoovveerrnnmmeenntt uunniioonn ccoonnttrraaccttss,, wwiitthh tthhee eexxcceeppttiioonn ooff tthhee ppoolliiccee ppaattrrooll ooffffii--cceerrss,, eexxppiirree aatt tthhee eenndd ooff tthhee ccuurrrreenntt ffiissccaall yyeeaarr oonn JJuunnee 3300,, 22001100.. TThhee ppoolliiccee ppaattrrooll ooffffiicceerrss’’ ccoonnttrraacctt eexx--ppiirreedd tthhiiss ppaasstt JJuunnee 3300.. TThhee SScchhooooll DDeeppaarrttmmeenntt’’ss ccoonnttaaccttss eexxppiirreedd tthhiiss ppaasstt JJuunnee 3300.. TThhee SScchhooooll CCoommmmiitttteeeeiiss iinn tthhee mmiiddsstt ooff ccoonnttrraacctt nneeggoottiiaattiioonnss wwiitthh iittss uunniioonn eemmppllooyyeeeess.. TThhuuss ffaarr,, tthheerree hhaavvee bbeeeenn nnoo iinnccrreeaasseess iinntthhee ccoommppeennssaattiioonn ppllaannss ffoorr tthhee TToowwnn’’ss uunniioonn oorr nnoonn--uunniioonn eemmppllooyyeeeess..

IInn--TToowwnn RReeppoorrtt ::

WWhhaatt iiss tthhee mmoosstt iimmppoorrttaanntt tthhiinngg TToowwnn MMeeeettiinngg RReepprreesseennttaattiivveess sshhoouulldd rreemmeemmbbeerr aass tthheeyy wwaallkk iinnttooTToowwnn MMeeeettiinngg oonn AAuugguusstt 1177tthh??

TToowwnn MMaannaaggeerr PPaauull CCoohheenn ::

TToowwnn MMeeeettiinngg RReepprreesseennttaattiivveess wwiillll aaddddrreessss iimmppoorrttaanntt iissssuueess aatt tthhee uuppccoommiinngg SSppeecciiaall TToowwnn MMeeeettiinngg.. IItt iissiimmppoorrttaanntt ttoo rreemmeemmbbeerr tthhaatt aallll ooff tthhee rreevveennuuee ffrroomm tthhee pprrooppoosseedd llooccaall ooppttiioonn mmeeaallss aanndd rroooomm ooccccuuppaannccyyttaaxxeess wwiillll rreemmaaiinn iinn tthhee ccoommmmuunniittyy.. TThheessee mmoonniieess wwiillll hheellpp pprreesseerrvvee iimmppoorrttaanntt ttoowwnn sseerrvviicceess ssuucchh aass eedduuccaa--ttiioonn aanndd ppuubblliicc ssaaffeettyy.. TThhee pprrooppoosseedd DDPPWW aanndd FFiirree DDeeppaarrttmmeenntt ffaacciilliittiieess pprreesseenntt aann ooppppoorrttuunniittyy ttoo ssaavveeccoonnssiiddeerraabbllee aammoouunnttss ooff mmoonniieess wwhhiillee aaddddrreessssiinngg tthhee ccoommmmuunniittyy’’ss ttwwoo mmaajjoorr ccaappiittaall nneeeeddss.. TThhee AAllpphhaa RRooaadd bbuuiillddiinngg iiss aa uunniiqquuee ooppppoorrttuunniittyy ttoo ssaavvee aallmmoosstt $$2200MM aass ccoommppaarreedd ttoo tthhee ccoosstt ttoo ccoonnssttrruuccttaa nneeww ffaacciilliittyy.. TThhee pprrooppoosseedd FFiirree DDeeppaarrttmmeenntt HHeeaaddqquuaarrtteerrss wwoouulldd aaddddrreessss tthhee nneeeeddss ffoorr 2211sstt cceennttuurryy ffiirreeddeeppaarrttmmeenntt ooppeerraattiioonnss aatt aa ttiimmee ooff ffaavvoorraabbllee ccoonnssttrruuccttiioonn ccoossttss aanndd iinntteerreesstt rraatteess.. TThhee ffaaiilluurree ttoo aacctt nnoowwwwiillll lliikkeellyy mmeeaann tthhaatt tthhee TToowwnn wwiillll ppaayy mmoorree aanndd ggeett lleessss iinn tthhee ffuuttuurree..

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**************************************************************************************************************************TThhee ffoolllloowwiinngg iiss aa rreeccaapp ooff tthhee IInn--TToowwnn RReeppoorrtt''ss AASSKK TTHHEE MMAANNAAGGEERR sseeccttiioonn ffrroomm tthhee llaasstt ccoouuppllee ooff mmoonntthhss..**************************************************************************************************************************IInn--TToowwnn RReeppoorrtt ::

OOvveerr tthhee llaasstt yyeeaarr,,wwiitthh aallll tthhee ddaarrkk cclloouuddss ccoonncceerrnniinngg tthhee eeccoonnoommyy hhaannggiinngg oovveerr tthhee ttoowwnn,,wwhhaatt iiff aannyy ssiillvveerr lliinniinnggss ddoo oorr ddiidd yyoouu sseeee??

TToowwnn MMaannaaggeerr PPaauull CCoohheenn ::

TThhee eeccoonnoommiicc ddoowwnnttuurrnn pprreesseennttss aann ooppppoorrttuunniittyy ffoorr tthhee TToowwnn ooff CChheellmmssffoorrdd ttoo aaddddrreessss iittssttwwoo mmaajjoorr ccaappiittaall ffaacciilliittyy nneeeeddss iinn aa vveerryy ccoosstt--eeffffeeccttiivvee mmaannnneerr..

TThhee TToowwnn nneeeeddss ttoo aaddddrreessss tthhee aannttiiqquuaatteedd aanndd ssttrruuccttuurraallllyy--ddeeffiicciieenntt CCeenntteerr FFiirree SSttaattiioonn aanndd tthhee ddeetteerriioorraatteedd DDPPWW ffaacciilliittiieess oonn RRiicchhaarrddssoonn RRooaadd..

TThhee ccuurrrreenntt eeccoonnoommiicc rreecceessssiioonn ooffffeerrss aa ffaavvoorraabbllee bbiiddddiinngg cclliimmaattee ffoorr ccoonnssttrruuccttiioonn,, rreedduucceedd ccoosstt ffoorr rreeaall eessttaattee aaccqquuiissiittiioonn,, aanndd llooww iinntteerreesstt rraatteess ffoorr bboorrrroowwiinngg..

TThhee ttaaxxppaayyeerrss ccoouulldd ssaavvee mmiilllliioonnss ooff ddoollllaarrss iinn pprroojjeecctt ccoossttss aanndd nnoott eexxppeerriieennccee aa ssiiggnniiffiiccaanntt iinnccrreeaassee iinn tthhee ddeebbtt sseerrvviiccee ccoossttss rreellaatteedd ttoo tthheessee pprroojjeeccttss uunnttiill aafftteerr tthhee eeccoonnoommiicc rreeccoovveerryy aarrrriivveess iinn aa ccoouuppllee ooff yyeeaarrss..

IInn--TToowwnn RReeppoorrtt ::

CCoouulldd yyoouu eexxppllaaiinn tthhee ddiiffffeerreennccee bbeettwweeeenn aa""ddeebbtt eexxcclluussiioonn""oovveerrrriiddeeaanndd aa oovveerrrriiddee lliikkee tthhee vvootteerrss vvootteedd oonn iinn tthhee ttoowwnn''ss 22000088 eelleeccttiioonn??

TToowwnn MMaannaaggeerr PPaauull CCoohheenn::

AAnn oovveerrrriiddee iiss aa ppeerrmmaanneenntt iinnccrreeaassee iinn ttaaxxiinngg aauutthhoorriittyy..

IItt iinnccrreeaasseess tthhee TToowwnn’’ss pprrooppeerrttyy ttaaxx lleevvyy lliimmiitt aanndd bbeeccoommeess ppaarrtt oofftthhee bbaassee ffoorr ccaallccuullaattiinngg ffuuttuurree yyeeaarrss’’ lleevvyy lliimmiittss..

AA ddeebbtt eexxcclluussiioonn iinnccrreeaasseess tthhee aammoouunntt ooff pprrooppeerrttyy ttaaxx tthhaatt tthhee TToowwnn mmaayy rraaiissee ffoorraa tteemmppoorraarryy ppeerriioodd ooff ttiimmee iinn oorrddeerr ttoo ffuunndd ssppeecciiffiicc pprroojjeeccttss..

IItt ddooeess nnoott bbeeccoommee ppaarrtt ooff tthhee bbaassee ffoorr ccaallccuullaattiinngg ffuuttuurree yyeeaarrss’’ lleevvyy lliimmiittss..

IInn--TToowwnn RReeppoorrtt ::

IInn tthhee llaasstt iissssuuee ooff IInn--TToowwnn RReeppoorrtt yyoouu wwrroottee tthhaatt aa ssppeecciiaall eelleeccttiioonn wwoouulldd ccoosstt tthhee ttoowwnn aapppprrooxxiimmaatteellyy$$1188,,000000..GGiivveenn tthhee hhiissttoorryy ooff pprreevviioouuss ddeebbtt eexxcclluussiioonn oovveerrrriiddeess iinn ttoowwnn,, ddoo yyoouu bbeelliieevvee tthhaatt tthhee ddeebbtt eexxcclluussiioonn qquueess--ttiioonn ffoorr aa FFiirree SSttaattiioonn aanndd DDeeppaarrttmmeenntt ooff PPuubblliicc wwoorrkkss bbuuiillddiinngg hhaass aa cchhaannccee aanndd iiss wwoorrtthh tthhee ggaammbbllee aannddccoosstt ooff aa ssppeecciiaall eelleeccttiioonn..

TToowwnn MMaannaaggeerr PPaauull CCoohheenn::

YYeess.. TThhee ssppeecciiaall eelleeccttiioonn ccoosstt ooff $$1188,,000000 wwiillll ppaallee iinn ccoommppaarriissoonn ttoo tthhee hhuunnddrreeddss ooff tthhoouussaannddss ooff ddoollllaarrsstthhaatt ccaann bbee ssaavveedd aannnnuuaallllyy iiff tthheessee pprroojjeeccttss aarree ccoonnssttrruucctteedd ssiimmuullttaanneeoouussllyy dduurriinngg tthhiiss ppeerriioodd ooff aa ffaavvoorr--aabbllee ccoonnssttrruuccttiioonn bbiiddddiinngg cclliimmaattee aanndd llooww iinntteerreesstt rraatteess..

Page 13: IN-TOWN REPORT  08 12 09

IInn--TToowwnn RReeppoorrtt ::

IIff TToowwnn MMeeeettiinngg ttuurrnnss ddoowwnn tthhee pprrooppoossaall oorr iiff iitt ggooeess ttoo tthhee vvootteerrss aanndd iiss vvootteedd ddoowwnn,, wwhhaatt hhaappppeennss nneexxtt?? HHooww ddoo yyoouu aaddddrreessss tthhee pprroobblleemm tthheenn??

TToowwnn MMaannaaggeerr PPaauull CCoohheenn::

IIff tthhee DDPPWW pprrooppoossaall iiss ddeeffeeaatteedd,, tthheenn II aannttiicciippaattee tthhaatt tthhee TToowwnn wwiillll bbee aasskkeedd oovveerr tthhee nneexxtt sseevveerraall yyeeaarrss ttooccoonnssiiddeerr aa ppiieecceemmeeaall aapppprrooaacchh ttoo tthhee rreennoovvaattiioonn aanndd//oorr ccoonnssttrruuccttiioonn ooff tthhee bbuuiillddiinnggss aatt tthhee RRiicchhaarrddssoonnRRooaadd ssiittee..

SSuucchh aa ssoolluuttiioonn ccoouulldd bbee uupp ttoo tthhrreeee ttiimmeess mmoorree eexxppeennssiivvee tthhaatt tthhaann tthhee uunniiqquuee ooppppoorrttuunniittyy pprreesseenntteedd bbyytthhee eexxiissttiinngg ccoommmmeerrcciiaall bbuuiillddiinngg llooccaatteedd ooffff ooff AAllpphhaa RRooaadd..

IIff tthhee FFiirree DDeeppaarrttmmeenntt HHeeaaddqquuaarrtteerrss pprrooppoossaall iiss ddeeffeeaatteedd,, tthheenn II aannttiicciippaattee tthhaatt tthhee TToowwnn wwoouulldd rreevviissiitt tthheeddeecciissiioonn wwiitthhiinn aa ccoouuppllee ooff yyeeaarrss aass ttoo wwhhaatt aaccttiioonn ttoo ttaakkee wwhheenn tthhee fflloooorr ooff tthhee ffiirree ssttaattiioonn nneeeeddss ttoo bbee rree--ppllaacceedd..

RReeppllaacciinngg tthhee fflloooorr ooff tthhee cceenntteerr ffiirree ssttaattiioonn ddooeess nnoott aaddddrreessss tthhee iinnaaddeeqquuaatteessppaaccee,, ffiirree ttrraaiinniinngg ffaacciilliittiieess,, aaddmmiinniissttrraattiivvee ooffffiicceess,, lloocckkeerr ffaacciilliittiieess,, mmaallee aanndd ffeemmaallee lliivviinngg qquuaarrtteerrss,,AADDAA iiss--ssuueess aanndd ootthheerr ddeeffiicciieenncciieess ooff tthhee ccuurrrreenntt ffiirree hheeaaddqquuaarrtteerrss..

TThhee cceenntteerr ssttaattiioonn wwaass bbuuiilltt oovveerr 5500 yyeeaarrss aaggoo wwhheenn tthhee ttoowwnn hhaadd aa mmuucchh ssmmaalllleerr ppooppuullaattiioonn wwiitthh lleessssccoommmmeerrcciiaall ddeevveellooppmmeenntt..

II ccaann nnoott jjuussttiiffyy aa ssiiggnniiffiiccaanntt iinnvveessttmmeenntt iinnttoo tthhee ccuurrrreenntt llaanndd--lloocckkeedd llooccaattiioonn.. TThheerreeffoorree,, tthhee TToowwnn mmaayyoonnccee aaggaaiinn bbee ccoonnffrroonntteedd wwiitthh tthhee nneeeedd ttoo ppaayy ccoonnssiiddeerraabbllyy mmoorree aatt aa ffuuttuurree ddaattee ttoo pprroovviiddee aann aaddeeqquuaatteeffiirree hheeaaddqquuaarrtteerrss ffaacciilliittyy..

IInn--TToowwnn RReeppoorrtt ::

DDooeess tthhee ttoowwnn hhaavvee aannyy iiddeeaa wwhhaatt tthhee cceenntteerr ffiirree ssttaattiioonn pprrooppeerrttyy iiss wwoorrtthh oonn tthhee ooppeenn mmaarrkkeett iiff iitt sshhoouullddbbee ssoolldd ooffff iinn tthhee nneeaarr ffuuttuurree??

TToowwnn MMaannaaggeerr PPaauull CCoohheenn::

AAnn aapppprraaiissaall ooff tthhee cceenntteerr ffiirree ssttaattiioonn iiss iinn pprroocceessss.. II eexxppeecctt ttoo hhaavvee tthhee rreessuullttss iinn aaddvvaannccee ooff tthhee ssppeecciiaallttoowwnn mmeeeettiinngg..

IInn--TToowwnn RReeppoorrtt ::

AAnndd hhooww mmuucchh wwoouulldd iitt ccoosstt ttoo rreeppllaaccee tthhee cceenntteerr ssttaattiioonn''ss fflloooorr??

TToowwnn MMaannaaggeerr PPaauull CCoohheenn::

TThhee eessttiimmaatteedd ccoosstt ttoo rreeppllaaccee tthhee cceenntteerr ffiirree ssttaattiioonn''ss fflloooorr iiss $$559900,,000000..

Page 14: IN-TOWN REPORT  08 12 09

IInn--TToowwnn RReeppoorrtt ::

CCoonncceerrnniinngg tthhee aaddddiittiioonnaall hhootteell && mmeeaall ttaaxx tthhaatt TToowwnn MMeeeettiinngg wwiillll bbee vvoottiinngg oonnnneexxtt mmoonntthh,, hhaass tthhee rreevveennuuee ffrroomm tthhaatt ttaaxx aallrreeaaddyy bbeeeenn ffiigguurreedd iinnttoo tthhee 22001100 bbuuddggeett??

TToowwnn MMaannaaggeerr PPaauull CCoohheenn::

YYeess.. II hhaavvee iinncclluuddeedd tthhee $$228877,,771155 iinn aaddddiittiioonnaall mmeeaallss aanndd hhootteell ttaaxxeess iinn tthhee aaddjjuussttmmeennttss ttoo bbaallaannccee tthhee TToowwnn’’ss ccuurrrreenntt ((FFYY1100)) ooppeerraattiinngg bbuuddggeett..

IIff tthhee TToowwnn MMeeeettiinngg ddooeess nnoott aapppprroovvee tthhee llooccaall ooppttiioonn ttaaxxeess,, tthheenn II wwiillll pprrooppoossee tthhaatt tthhee SScchhooooll DDeeppaarrtt--mmeenntt’’ss bbuuddggeett bbee rreedduucceedd bbyy aann aaddddiittiioonnaall $$220000,,000000 aanndd tthhee TToowwnn’’ss ppuubblliicc ssaaffeettyy ppeerrssoonnnneell bbuuddggeett ((ppoolliicceeaanndd ffiirree)) bbee rreedduucceedd bbyy $$8877,,771155..

IInn--TToowwnn RReeppoorrtt ::

IIssnn''tt tthhaatt ppllaann kkiinndd ooff lliikkee DDeevvaall PPaattrriicckk ffiigguurriinngg iinn hhiiss CCaassiinnooss rreevveennuuee ppllaann iinnttoo tthhee SSttaattee''ss bbuuddggeett bbeeffoorree iittccaammee uupp ffoorr aa vvoottee??

TToowwnn MMaannaaggeerr PPaauull CCoohheenn::

MMyy rreessppoonnssiibbiilliittyy iiss ttoo ssuubbmmiitt aa bbaallaanncceedd bbuuddggeett ttoo tthhee TToowwnn MMeeeettiinngg.. II aamm rreeqquueessttiinngg tthhaatt tthhee TToowwnn MMeeeett--iinngg aaddoopptt tthhee llooccaall ooppttiioonn ttaaxxeess.. IIff tthhee rreevveennuuee iiss nnoott aavvaaiillaabbllee ffrroomm tthhee llooccaall ooppttiioonn ttaaxxeess,, tthheenn tthhee bbuuddggeettwwiillll bbee rreedduucceedd..

II aamm pprroovviiddiinngg ssppeecciiffiicc ddeettaaiillss oonn hhooww tthhee bbuuddggeett wwiillll bbee rreedduucceedd.. TThhiiss iiss nnoo ddiiffffeerreenntt tthhaann tthhee rreecceenntt aaccttiioonnbbyy tthhee SSttaattee lleeggiissllaattuurree ttoo ccoonnssiiddeerr nneeww rreevveennuuee ssoouurrcceess aass ppaarrtt ooff iittss bbaallaanncceedd ssttaattee bbuuddggeett..

IInn--TToowwnn RReeppoorrtt ::

HHooww ddooeess tthhee ttoowwnn ffiigguurree oouutt pprroojjeecctteedd rreevveennuuee ffrroomm aa ttaaxx tthhaatt iiss nnoott oonn tthhee bbooookkss yyeett??

TToowwnn MMaannaaggeerr PPaauull CCoohheenn::

TThhee pprroojjeecctteedd rreevveennuueess ffrroomm tthhee llooccaall ooppttiioonn mmeeaallss ttaaxx iiss pprroovviiddeedd ttoo tthheeTToowwnn bbyy tthhee MMaassssaacchhuusseettttss DDeeppaarrttmmeenntt ooff RReevveennuuee..

TThhee SSttaattee hhaass aacccceessss ttoo ccoorrppoorraattee iinnccoommee aanndd ssaalleess//mmeeaallss ttaaxx ffiilliinnggssbbyy ffoooodd eessttaabblliisshhmmeennttss ttoo ddeevveelloopp iittss eessttiimmaatteess..

Page 15: IN-TOWN REPORT  08 12 09

Chelmsford residents appeal to stop planned Billerica apartment complexChelmsford residents appeal to stop planned Billerica apartment complexhttp://www.lowellsun.com/todaysheadlines/ci_12973151

By Chris Camire, [email protected]/01/2009

BILLERICA -- A lawyer representing a group of Chelmsford residents is appealing the Billerica Zoning Board of Appeals'recent approval of a proposed 384-unit apartment complex on Rangeway Road.

The controversial 40B project, situated on the Chelmsford line, could significantly increase Billerica's affordable-housingstock. It was approved by the board last month.

Attorney Dan Hill, of Charlestown, is now requesting that a Middlesex Superior Court annul the board's decision to grant acomprehensive permit to K&K Developers Inc.

In the appeal, Hill writes that the ZBA's decision "exceeded the board's legal authority, was arbitrary and capricious, andwas an abuse of the board's discretion."

"The board abused its discretion by unnecessarily approving a project that threatens to flood the plaintiff's properties,threatens the environment, threatens to overload Billerica's public water and sewer systems, and threatens the safety ofthe project's own residents," Hill wrote.

The ZBA's decision came after eight months of debate. The final vote was 4-1, with Ralph McKenna voting in opposition.Chairman Doris Pearson, Joseph Shaw, Patricia Flemming and Ellen Sargent voted in favor.

The appeal claims the board hastily closed its public hearing on June 17 despite advice from its own peer-review engineerthat talks should continue until the developer tested the soil for drainage issues. It also alleges that ZBA members held pri-vate, one-on-one meetings to discuss the project with the developer in order to skirt open-meeting laws.

"We feel that the board had a lot of options that it chose not to take," said Hill.

Reached by phone yesterday, Pearson refused to comment on the appeal.

"We've already expressed our support of the project as we've approved it," Pearson said. "Now that it's been appealed, Idon't think it would be appropriate to comment."

The complaint's claims could be addressed through a trial or a motion for summary judgment, in which a judge decides acase without a full trial, said Hill.

The ZBA granted a comprehensive permit to the developers believing it would give the town "breathing room" with its af-fordable-housing goals,

The permit to build the eight-building Aspen Apartments complex was granted under the state's Chapter 40B guidelinesand represented a significant downsizing from an original proposal that called for 672 units as recently as mid-June.

Chapter 40B enables developers to obtain comprehensive permits that bypass zoning bylaws in towns where less than 10percent of the housing stock qualifies as affordable. Developers must then set aside 25 percent of housing units in the de-velopment as affordable. In the case of Aspen Apartments, that means at least 96 units must be affordable.

In explaining her vote in favor of the project last month, Pearson noted that Billerica has a goal of putting 95 units of afford-able housing on the market each year. "This will give us some breathing room," she said. That sentiment was echoed bySargent.

Throughout the proceedings, concerns were raised about the technical feasibility of the project based on soil quality andtraffic considerations.

Bill Griffin,Bill Griffin,Town Meeting Representative Town Meeting Representative precinct 9precinct 9

Speaks to the Town Manager Speaks to the Town Manager and Selectmenand Selectmenabout the proposed about the proposed 40B complex on the 40B complex on the border of Chelmsfordborder of Chelmsford

CLICK HERE for CLICK HERE for VIDEO CLIPVIDEO CLIP

Page 16: IN-TOWN REPORT  08 12 09

From John BelskisJohn Belskis - Chairman of the coalition to Repeal 40B

August 4,2009

A citizen's Initiative Petition to repeal MGL 40B Secs 20 - 23 was filed this morning with the office of the Attorney General.After a 20 day appeal period the AGO will issue a letter authorizing the Secretary of State to provide petition forms for thecollection of the required 66,000+ signatures required to place repeal on the ballot.

We anticipate approval as we withstood significant legal challenges in the 2007 filing and I can't imagine what other ar-guments could be provided. I expect that DHCD, CHAPA, MassHousing, REBA, etc,etc, already have teams of lawyerspreparing new objections.

Until you folks gather the required signatures, we cannot get on the ballot and repeal this law! Between the stimulus funding and what appears to be an improving housing market there will no doubt be a resurgenceof 40B projects. Don't wait for that to happen! We'll put the petitions in your hands by mid September. Get us the signa-tures that can protect you from future 40B abuses.

Please let us know that you will work on the collection campaign. If you have not done so already, reply to this message,or sign up on the web site http://www.repeal40b.com/contact.php

John Belskis

************************************************************************************************************************************************The citizen’s initiative Petition 09-02 has been posted on the Attorney General Officesite with a copy of the filing and signers.

(Also of note, a petition has been filed to repeal the Sales Tax On Alcohol)(Also of note, a petition has been filed to repeal the Sales Tax On Alcohol)

CLICK HERE TO VIEWCLICK HERE TO VIEW************************************************************************************************************************************************

Low-cost housing law targetedhttp://www.bostonherald.com/business/real_estate/view/20090805low-cost_housing_law_targeted/srvc=home&position=also

By Christine McConville Wednesday, August 5, 2009

An initiative to remove a controversial affordable housing law from the state’s books may go before voters in 2010.

Yesterday, the nonprofit Coalition to Repeal 40B submitted its preliminary petition to the Massachusetts Attorney General’s office.

“All we want to do is let the citizens decide if it’s a good law,” said coalition director John Belskis, whose members represent 184 Massachu-setts communities.

Phil Hailer, spokesman for the state Department of Housing and Community Development, which oversees the 40-year-old law, declined tocomment on the petition, saying he had not seen it yet.

Under Chapter 40B, builders may bypass local zoning restrictions, as long as at least 20 percent of the housing units are set aside for peoplewho make less than 80 percent of the community’s median income.

The law also stipulates that developers’ profits be capped at 20 percent. In most cases, any excess profit is to be given to the community thathouses the developments.

Supporters say the law is the only way to build lower-cost housing in pricey suburbs, while critics say the developments it brings are too big.

Two years ago, the coalition tried to place the same question on the ballot. That effort failed when the group could not secure the necessarysignatures.

Since then, the housing market has collapsed, and 40B developers’ profits have come under scrutiny.

Massachusetts Inspector General Gregory Sullivan has said 40B developers owe cities and towns $100 million in excess profits, and a Sen-ate committee has called for tougher accountability standards for developers.

If the Attorney General determines that the petition is legal, coalition members must secure signatures from nearly 66,600 Massachusettsresidents. If those signatures are deemed valid, then voters will be able to decide the future of 40B at the polls.

************************************************************************************************************************************************

John BelskisJohn Belskis will be a guest on Tom Christiano’s local talk show “POLITICALLY INCORRECT” this fall to talk about the

Repeal 40B petition and process.Along with State Representative Jim Arcieroand Planning Board member Colleen Stansfield

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Affordable Housing Plan CommitteeAffordable Housing Plan CommitteeThe Chelmsford Board of Selectmen will accept applications for appointment to the Affordable HousingPlan Committee until August 31, 2009.

Chelmsford’s first Affordable Housing Plan was certified in July 2005, and must be recertified by July2010. By having a certified Plan, the Town is able to manage affordable housing projects that arepresented to local boards under Chapter 40B regulations, provided a specific number of units are createdeach year.

The 2005 Plan presented a comprehensive overview of existing housing in Chelmsford, as well as dataregarding demographics, housing needs, regulations and permitting, and strategies for achieving theChapter 40B mandated affordable housing inventory of 10% of the Town’s total housing units.The need to have a certified Plan in place is further indicated by Department of Housing and Community

Development regulations which state:

If a community has a DHCD approved Housing Production Plan and is granted certification ofcompliance with the plan by DHCD, a decision by the Zoning Board of Appeals (ZBA) relativeto a comprehensive permit application will be deemed "consistent with local needs" under MGLChapter 40B. "Consistent with local needs" means the ZBA's decision will be upheld by theHousing Appeals Committee.

Requirements for Affordable Housing Plans have changed since 2005. The next version must includemore detailed information, including a numerical goal for annual housing production. That goal must besufficient to increase the Town’s number of affordable housing units by at least 0.50% of its total unitsduring every calendar year included in the Plan.

The Plan must include Implementation Strategies by which the Town will achieve its housing productiongoals, and a schedule for implementation of the goals and strategies for production of units, including thefollowing strategies, if applicable:

1. The identification of zoning districts or geographic areas in which the municipality proposes tomodify current regulations for the purposes of creating affordable housing developments to meetits housing production goal

2. The identification of specific sites for which the municipality will encourage the filing ofComprehensive Permit applications

3. Characteristics of proposed residential or mixed-use developments that would be preferred bythe municipality (examples might include cluster developments, adaptive re-use, transit-orientedhousing, mixed-use development, inclusionary housing, etc.)

4. Municipally owned parcels for which the municipality commits to issue requests for proposalsto develop affordable housing

5. Participation in regional collaborations addressing housing developmentThe Affordable Housing Plan Committee will consist of nine members: one member each from the Boardof Selectmen, Planning Board, Conservation Commission, Zoning Board of Appeals, and HousingAuthority Board of Directors; and four citizen representatives.

Resources available to this committee will include staff of the Community Development Department andthe Chelmsford Housing Authority. In addition, DHCD holds periodic Housing Production Planworkshops, and posts copies of approved plans from other communities on their website. NMCOG hasworked with member communities to develop plans, and recently hired a staff person to focus on areahousing issues.

The expected timeline for the committee is as follows:

August 2009 – Board of Selectmen solicit volunteers for appointment to the Affordable Housing Plan Committee

September 2009 – Board of Selectmen make appointments to the AHPC

October 2009 to April 2010 – committee revises current Plan to meet all necessary criteria specified in DHCD regulations

March 2010 – committee submits Plan to Chelmsford Planning Board and Board of Selectmen forendorsement

April 2010 – updated plan submitted to DHCD for approval

June 2010 – committee will be disbanded when the new Plan is certifiedDHCD regulations state that the Department must notify the community of acceptance/rejection of itsPlan within 90 days of submission. If possible, the Committee should complete and submit the revisedHousing Plan no later than April 1, 2010.

CLICK HERE FOR APPLICATIONCLICK HERE FOR APPLICATION

Page 18: IN-TOWN REPORT  08 12 09

Rough road for asphalt plantBy Peter Costa/Staff Writer Chelmsford Independent

Wed Aug 05, 2009

CHELMSFORD -

Trouble arrived by the truckload Monday for a proposed asphalt plant in Westford.

Dozens of Chelmsford and Westford residents opposed the plant at Monday night’s WestfordPlanning Board Meeting, held at the Abbot School in Westford.

Leading the Chelmsford charge was Selectmen Chairwoman Clare Jeannotte, who read a letterfrom the Chelmsford selectmen to the Westford Planning Board that received rousing and sus-tained applause from the hearing attendees.

“Chelmsford citizens have submitted a significant number of petitions and other correspon-dence to the Board of Selectmen documenting their opposition. They have expressed legitimateconcerns about this industry and its operation and location in such proximity to residents. Theirobjections concern potential impacts to the local environment, air quality, our aquifers, impactsto property values, public health, traffic safety, noise and truck traffic and maintenance of roads,”she said, reading from the letter.

Jeannotte pointed out Chelmsford already has an asphalt plant and asked why there is a needfor two plants within six miles of each other.

“Our residents will receive no direct benefit from the construction of the plant and yet the com-munity is faced with a myriad of risks and concerns,” Jeannotte said.

The 4-acre plant proposed by Newport Materials LLC would be located at 540 Groton Road inWestford, just over the line from Chelmsford. Douglas Deschenes, the attorney representing theplant applicants, said the facility would produce about 1,000 tons of asphalt per day, whichwould require an estimated 84 daily truck stops. Not included in that figure is the number oftrucks needed to carry in raw material from a quarry next door, which would include eight truck-loads of new and 10 truckloads of recycled product, according to Deschenes.

Deschenes said that a typical day would mean that the plant would open at 6 or 6:30 a.m. andmanufacturing would begin. The facility would have the capability for storing 800 tons of materialin silos on the site and the silos could be filled in 2 1/2 hours, Deschenes said.

Westford Planning Board member Andrea Peraner-Sweet expressed her concern about theearly hours when trucks would be competing with school busses.

“If we start to see 10 trucks per hour at 7 a.m. then I am wondering {what happens} when thebuses start running for the kids both in Chelmsford and Westford,” she said.

Other board members expressed concern about dust, noise, traffic, storm water drainage andmanufacturing hours.

Deschenes said the plant would probably operate for 39 weeks of the year.

“There is a seasonality to it. The typical season is from March 15 to December 15 or 39 weeks,”he said.

Page 19: IN-TOWN REPORT  08 12 09

Letter from the Chelmsford Board of Selectmen to Westford town officials opposing the construction

of an asphalt plant on Route 40

cc: Chelmsford Board of SelectmenWestford Board of Selectmen P. Cohen, Chelmsford Town ManagerJ. Ross, Westford Town Manager

State Representatives:J. ArcieroC. AtkinsT. GoldenD. NangleState Senator Susan FargoAtty. Deschenes

Page 20: IN-TOWN REPORT  08 12 09

Shouting, name-callingShouting, name-calling overshadow Tsongas health-care forumovershadow Tsongas health-care forum

By Prudence Brighton, Sun Correspondent08/09/2009

CHELMSFORD -- Emotions ran as high as the temperature inside and outside Town Hall auditorium yes-terday as more than 1,000 people converged on U.S. Rep Niki Tsongas' forum on health-care reform.

Tsongas expressed hope for a "moderated discussion," which quickly dissolved as the room erupted intoboos, jeers, and catcalls. Supporters tried to counter with applause and cheer, but could not compete withthe decibel level of the plan's opponents.

"We're turning into a Communist country," declared Jeri-an Butal of Methuen, saying that the Obama ad-ministration's plan will force the elderly into hospices rather than hospitals. "Don't pass this bill. Let us voteon it."

Tsongas said that forcing elderly people into hospices is not part of the bill, but she said, "There comes amoment when people need to talk to their families and their doctors about their end-of-life choices." Thatdrew boos, jeers and complaints that the government would make these decisions.Other opponents complained about illegal aliens, and said that people over 60 will have their health carerationed.

Originally planned as a "Congress on the Corner" meeting at a local supermarket, the forum was moved toTown Hall as Tsongas and her staff saw what was happening at similar events across the country. Arrestsand injuries have been reported when some members of Congress have held public meetings on healthcare. On Friday, one congressman reported receiving a death threat because he had not scheduled such ameeting with constituents.

Yesterday, President Obama argued that Congress was close to finalizing "real health insurance reform"but, as he has for weeks now, he warned against listening to opponents who he said were spewing mis-leading information and outlandish claims to defeat "the best chance of reform we have ever had."

Chelmsford Town Hall gym has a posted capacity of 220, and police were forced to keep hundreds outsidein the parking lot. Some expressed outrage at being kept out, but police stood firmly in the doorway. TheDemocratic National Committee has charged the Republican Party with orchestrating disruptions at otherforums on health care and bringing in nonresidents make noise. Some members of Tsongas's staff specu-lated that opposition was bused in from New York and Connecticut. But Brian Martin, Tsongas's chief ofstaff, downplayed that possibility. (Cars parked in the Town Hall lot carried Massachusetts plates.)

Tsongas said the health-care plan allows everyone access to quality care. When more people are healthy,the cost of care goes down as well as insurance premiums.

Opponents were in no mood to hear Tsongas explain any benefits of the legislation. Shouting to be heardover everyone, Larry Bavis of Billerica demanded, "Let us talk. Let us talk."

Tsongas' explanation of the bill was cut short as people rushed the microphone to ask questions.

Lee Libbey of Lowell asked about a provision of the bill that he said would give the government access topeople's bank accounts through electronic transfers. Tsongas explained that the bill is in transition and ex-ists in "three different pieces" among committees. Language that is in the bill now could easily come outduring the legislative process.

Dorothy Kalil, also of Methuen, and Butal's mother, said, "I do not support this at all. There are not enoughrich people in this country to pay for this bill." She complained that Tsongas receives top-notch health careas a member of Congress.

Tsongas said that she does have a tremendous array of choices as a participant in the federal employee'shealth-care plan.

"We're your employer. We don't have any choice," someone in the crowd shouted back.

David Dubinsky of Chelmsford was cheered when he identified himself as a retired U.S. Marine, then

Page 21: IN-TOWN REPORT  08 12 09

booed when he said he favored health-care reform.

But Lena Perez of Haverhill was booed when she said she was a cancer survivor and then cheered whenshe said she opposed the bill. Perez was on the verge of tears several times while telling her story.

"She's an actress," one bill supporter shouted.

Paula Van Dever of Concord said, "The Veterans Administration saved my nephew's life and my family frombankruptcy. Why is a public option (for health care) any more controversial than that?"

Mary Phennice of Haverhill, a mother of three sons, said her oldest son graduated from college and cannotfind a job, so he has no health care, she said. The young man also has kidney disease. She asked Tsongasto consider situations like her son's.

"He can go to work for McDonald's," one bill opponent shouted.

Bavis, a retired firefighter, did not speak during the forum, but said later, "She's (Tsongas) not going toworry about my family. I'm going to worry about my family, my children, and my mother. My mother is 86and she's here, too. And she's against this. She likes it the way it is."

Two Chelmsford seniors interrupted to support Bavis' arguments, but declined to give their names. One ofthem said, "I won't give my name because of the Gestapo politics. The Obama administration will be inves-tigating us if we give our names."

After the forum, Tsongas said, "I knew this would be passionate. I knew it would be a significant meeting.There's so much at stake, so it is very, very good to have these forums. It's a highly complicated bill andpeople are asking all of us in Congress to listen."

Tsongas plans another forum in Hudson this week. She's asking her staff to find a venue large enough tohandle another substantial crowd.

PolitiFact.com, a nonpartisan project of the St. Petersburg Times, is fact-checking statements by membersof Congress, the White House, lobbyists and interest groups on the health-care reform bill. Go to http://www.politifact.com/truth-o-meter/subjects/health/

CLICK HERE FOR VIDEO FOOTAGECLICK HERE FOR VIDEO FOOTAGE

Photos by Tom ChristianoPhotos by Tom Christiano

Page 22: IN-TOWN REPORT  08 12 09

Extra!!!Extras!!!

Submitted by:Timothy McIlvenna - P1 Town Meeting Representative & Finance CommitteeTimothy McIlvenna - P1 Town Meeting Representative & Finance Committee

2010 Census: Why fill out the census form?Source: 2010.census.gov

Every household in the country will receive a questionnaire in 2010. To ensure an accu-rate and fair count of all populations at all geographic levels in the nation, the CensusBureau needs you or someone in your household to respond to the census question-naire.

CLICK HERECLICK HERE**************************************

Submitted by: Nick DeSilvio - School CommitteeNick DeSilvio - School Committee

AMERICAN ASSOCIATION OF SCHOOL ADMINISTRATORSAMERICAN ASSOCIATION OF SCHOOL ADMINISTRATORS

Exploring the Possibility and Potential forExploring the Possibility and Potential forPay for Performance in America’s Public SchoolsPay for Performance in America’s Public Schools

In response to a growing dialogue at the local, state and national levels around the idea ofrestructuring teacher pay to include performance measures, the American Association ofSchool Administrators surveyed a randomly selected sample of its members to gauge theirfeedback and interest in pay‐for‐performance programs.

AASA launched this survey in light of the renewed national conversation and feedback fromAASA members who sense a shift in the tide of teacher compensation.

For the purposes of this survey, AASA used the term "pay for performance” to represent acompensation system that uses financial incentives/motivation for employees.

Pay-for-Performance Survey (Pay-for-Performance Survey (PDFPDF ) - AASA's latest research explores ) - AASA's latest research explores

the possibility and potential for performance pay in schools.the possibility and potential for performance pay in schools. CLICK HERECLICK HERE**************************************

From www.chelmsfordmassnews.com

The last picture show -- at last?By Kevin Zimmerman

July 29 2009Nearly a decade after it sold its last ticket, the Route 3 Cinema should be gone within a few weeks.

On Wednesday, Town Manager Paul Cohen said he expects the own-ers of the vacant hulk on Chelmsford Street to “come in very soon” fora demolition permit.

Cohen said the ongoing Stop & Shop/Valley Properties lawsuit thathas stalled construction of a grocery store on the theater lot continuesin the courts. Although if the Appeals Court sides with the town andStop & Shop, Valley Properties only remaining option would be theMassachusetts Supreme Court.

In the meanwhile, trucks that spend most of the day pulling in and outof the parking lot are part of the finishing work to the Bruce FreemanRail Trail, which begins almost directly behind the cinema site.

An Aug. 29, ribbon cutting ceremony for the rail trail is scheduled to occur at 10 a.m. at the Old Town Hall inChelmsford Center.

Page 23: IN-TOWN REPORT  08 12 09

NBC DATELINENBC DATELINEA Stranger in the House:A Stranger in the House:‘All I could see was his eyes’

Chelmsford's Shea McDonough describes thenight killer Adam Leroy Lane broke into herbedroom on Pine Hill Road.

CLICK HERE for VIDEO CLIPCLICK HERE for VIDEO CLIP

To watch the full DATELINE episodeTo watch the full DATELINE episodeCLICK HERECLICK HERE

**************************************Water district wins $3.8M for solar panelsWater district wins $3.8M for solar panelsBy Rita Savard, [email protected]

http://www.lowellsun.com/todaysheadlines/ci_13003753

08/06/2009

CHELMSFORD -- The sun is shining down on the Chelmsford Water District, where $3,783,000 of federal

stimulus money will help create one of the largest municipal solar projects on the East Coast.

The Massachusetts Department of Environmental Protection has awarded the town the funding to install a

new photovoltaic system that will harness enough sun to power the entire Crooked Spring Water Treat-

ment Plant during peak operating hours. The solar-panel system is being funded as part of the Green In-

frastructure portion of the federal stimulus package.

"This will have a huge impact on the district's carbon footprint, reducing it by 132 tons of CO2 emissions

annually," said Todd Melanson, environmental compliance manager for the district. "That equates to 111

acres of forest saved annually."

The solar project was part of an energy-management plan that the Chelmsford Water District had been

pursuing for 18 months. The goal was to help the district gain control over skyrocketing utility costs.

By partnering with energy experts at UMass Lowell, the Chelmsford Water District came up with a "shovel

ready" plan using 2,300 solar panels to generate about 500 kilowatts of electricity, or 100 percent of the

plant's peak operating power.

Page 24: IN-TOWN REPORT  08 12 09

What will likely become a model project for other water districts in New England, Melanson said, received

its biggest push from Chelmsford legislators. Representatives Jim Arciero of Westford, Cory Atkins of Con-

cord, Tom Golden Jr. and David Nangle, both of Lowell, along with Sen. Susan Fargo of Lincoln, sent a let-

ter to the DEP in support of the green project.

"This is a great win for Chelmsford," said Arciero. "In these tough fiscal times, any additional funding that

we can get for a worthy project like this is a tremendous asset to the town."

Chelmsford's slice of the Green Infrastructure funds was part of the $17.2 million total received by Massa-

chusetts for similar energy-saving projects. Ultimately, said Melanson, the goal of green projects is to pro-

tect natural resources and deliver renewable energy at a significant cost savings.

Besides powering the Crooked Spring treatment plant, the solar panels will also produce extra energy,

which means an even higher savings on the water district's National Grid electricity costs.

The primary goal of the district, said Melanson, is to reduce its energy reliance on National Grid by

25 percent.

**************************************

From www.chelmsfordmassnews.com

You want fries with that office?You want fries with that office?By Kevin Zimmerman

08/05/09

Apparently the key to Chelmsford’s future lies with lunch.During a recent joint session between the Board of Selectmen and the Master Plan Committee, the concept of allowing businesses aimed at workers along Billerica Road popped up more than once. “I’d like to see Route 129 zoned for restaurants,” said Selectman Sean Scanlon.Scanlon wasn’t allow in that assessment.

Master Plan Committee Chairman Jim Lane said his board agrees Billerica Road from Route 3 to Commu-nity Tree should be rezoned to allow eateries that cater to the 9-to-5 crowd.The committee didn’t get into a lot of specifics about how many or what types of restaurants would workbest there, Lane said Wednesday afternoon.“Probably a fast-food type,” said Lane. But that doesn’t mean strictly counter service, said Lane.

He could envision chain restaurants, like a Chili’s or T.G.I. Friday’s, the kind of places that do quick tableturns especially at lunchtime. When zoning along Billerica Road was changed to allow offices about adecade again, it stopped from allowing ancillary businesses such as restaurants because many believedthat would hurt commercial developments in Central Square.

That is no longer the thinking.“It is not going to pull business away from the Center,” said Town Manager Paul Cohen. “Those are two dif-ferent markets.” Cohen and Lane both said all you have to do is look at lunchtime traffic heading towardBillerica to know it’s time to make the zoning change.

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Page 25: IN-TOWN REPORT  08 12 09

From www.chelmsfordmassnews.com

OOrder rder uup?p?By Kevin Zimmerman

8/8/09

Although Master Plan Committee member Phil Eliopoulos announced a couple of weeks ago Honey DewDonuts is expected to move into the old Skip's site on Chelmsford Street, as of Friday the company had notpulled a building or Board of Health permit.

It's no secret that Ryan Development, which built the plaza, envisioned a coffee shop with drive-throughwindow as a tenant. That was always part of the Planning Board discussions, but Ryan never mentionedwhich coffee shop it might pursue.

There's been some activity in the empty store fronts of the strip mall, but Community Development DirectorEvan Belansky said those workers are most likely from Ryan and not a new tenant.

******************************************************************

Tom Christiano: My Woodstock Anniversary

It was 40 years ago this coming weekend that some friends and I rented a bigtruck and drove to the Woodstock Music Festival in New York. A few of myfriends are no longer with us, however they enter my thoughts often, especiallyat times like this, when a Woodstock anniversary looms. I am lucky to have sur-vived the many hazards along the way during the past 40 years and I try toenjoy each day of health that I am lucky to experience.

Gary, one of my best friends (before and after the Woodstock Festival) succumbed to Cancer at theage of thirty-nine. I was the best man at his wedding. I often think about the additional years I havehad beyond Gary's 39, and how life is so uncertain and seemingly random. How some of us make itto sixty and beyond, and some of us don't make it to forty. There is no rhyme or reason...it just iswhat it is. I try to remember to Live every day with thankfulness.

Another one of my Woodstock friends, George, also didn't make it to forty. He died a self inflicteddeath (from self immolation) after suffering from some serious problems for a number of years. Ioften think of George when I read about someone committing suicide. It is hard for most people tounderstand mental anguish unless they have experienced it themselves. I try to Live every day withcompassion for those experiencing difficult lives.

The following NY Times article, about the Woodstock Festival, was pretty close to how I remember it.I was lucky to have had the big truck to sleep in, as it rained a lot that weekend. There were about tenof us who rented the truck together. We weren't very well prepared...we just pretty much took theclothes on our backs, a few bucks in our pockets, and we took off for New York, from Waterbury, CT.The Woodstock tickets cost $18.00 for the entire weekend. When we arrived there on friday night,they had already stopped taking the tickets, as there were so many people there they just decided toopen it up to everyone.

I still have my Woodstock tickets, framed in my home office, as a reminder of that crazy weekendforty years ago. Everyone at Woodstock seemed to be peaceful and friendly. It was a true gatheringof Love and Peace... as the old cliches remind us of how the young people then seemed to haveideals about compassion and building a better society.

Tom Christiano

Page 26: IN-TOWN REPORT  08 12 09

It's true...many of us thought that way. Yes, it's also true that we were young, inexperienced and irre-sponsible.....what young person isn't? However, in those days we also thought about building a bet-ter, more compassionate society....one where LOVE consciousness is the highest goal one couldever achieve, and inner PEACE the primary reason to study philosophies from around the world.

I often wish I saw and heard more of that idealism fromtoday's younger generations.....though I'm sure thereare millions of young Americans that feel the same waytoday as we did forty years ago. Youth and Idealism al-most always go together. Someone once said: "Idealismis the final luxury of youth." There is always a need for more LOVE and PEACE, itseems to me.

Happy Anniversary!Tom

******************************************************************

Every Thursday 2PM to 6PM Every Thursday 2PM to 6PM at the Chelmsford Common at the Chelmsford Common

thru September 24ththru September 24th

Tom Christiano

Page 27: IN-TOWN REPORT  08 12 09

QUOTE OF THE WEEK:QUOTE OF THE WEEK:PPoolliittiiccssPPoolliittiiccss iiss tthhee aarrtt ooff llooookkiinngg ffoorr ttrroouubbllee,, iiss tthhee aarrtt ooff llooookkiinngg ffoorr ttrroouubbllee,, ffiinnddiinngg iitt eevveerryywwhheerree,, ddiiaaggnnoossiinngg iitt iinnccoorrrreeccttllyy ffiinnddiinngg iitt eevveerryywwhheerree,, ddiiaaggnnoossiinngg iitt iinnccoorrrreeccttllyy aanndd aappppllyyiinngg tthhee wwrroonngg rreemmeeddiieess..aanndd aappppllyyiinngg tthhee wwrroonngg rreemmeeddiieess..

- Groucho Marx - Groucho Marx

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