Months ago, immediately after the Central Massachusetts Housing Alliance filed its absolutely BULLSHIT so-called ‘MBTA Zoning’ lawsuit against the Town of Holden, your correspondent on this Blog site wrote that that lawsuit should be dismissed for the plaintiffs’/claimants’ “lack of standing.” Welp, Worcester Superior Court Judge Daniel Wrenn did just THAT this week and dismissed that lawsuit for plaintiffs’ “lack of standing.”

SEE  Judge dismisses lawsuit against Holden over defiance of MBTA housing law (yahoo.com)

Let’s have a BIG round of applause for the Town of Holden’s Select Board and Town Manager. THEY displayed real cojones and stood up for the rule of law in defending against these bogus claims AND the bogus threats made by Massachusetts Attorney General Andrea Campbell who has pushed the illegal and ultra vires so-called ‘MBTA Zoning Guidelines,’ promulgated by the intellectually dishonest Massachusetts Department of Housing and Community Development, that warp the clear intent of Mass. Gen. Laws Ch. 40A, Section 3A.

The truth is that Ch. 40A, Section 3A APPLIES ONLY TO THOSE SO-CALLED ‘MBTA COMMUNITIES’ THAT HAVE LAND WITHIN HALF A MILE (0.5 MILES) OF ONE OF THE TRANSIT STOPS OR TERMINALS DESCRIBED IN THAT STATUTE. MOREOVER, THE ONLY SANCTION/PENALTY FOR NOT COMPLYING WITH THAT STATUTE IS THE CUT-OFF OF STATE FUNDS DESCRIBED IN SECTION 3A(b).

SEE  General Law – Part I, Title VII, Chapter 40A, Section 3A (malegislature.gov)

STERLING has received NO STATE FUNDS described in Section 3A(b) AND DOES NOT HAVE ANY LAND WITHIN HALF A MILE OF ANY TRANSIT STOP OR TERMINAL LISTED IN SECTION 3A, YET THE GUTLESS STERLING PLANNING BOARD AND TOWN PLANNER HAVE UNDERTAKEN TO DESIGNATE BOGUS ‘MBTA ZONING DISTRICT’ PROVISIONS WITHIN THE TOWN OF STERLING. WHAT GROVELING CLOWNS.

ANY SUCH ZONING CHANGES MUST BE APPROVED AT A STERLING TOWN MEETING. MAKE SURE YOU SHOW UP AND VOTE THEM DOWN. WITH THE TOWN WELL-WATER SHORTAGE WE DON’T NEED ANY MORE HIGH-DENSITY HOUSING THAT SELF-SERVING WEASEL DEVELOPER, CARL CORRINNE, BENT CHAIRMAN OF THE STERLING PLANNING BOARD, WOULD LOVE TO BUILD.

I’d like to think that the principled stand taken by Town of Holden officials will stiffen the spines of Sterling officials when it comes to these matters, but experience demonstrates that that result is highly unlikely.

J.G.

On 6 December 2023 the Sterling Select Board will meet jointly with the corrupt Board of Health to pick an interim BOH member following Ms. Martin’s resignation, AND to pick a BOH Audit Committee member from among applicants who were signatories to the 16 October 2023 Sterling Special Town Meeting Voter Petitions—

Click to access 2023_12_6_agenda.pdf

That oughta be fun to watch, so come on out to that meeting if you are able to do so.

In upcoming weeks and months, as the BOH audit progresses, we can expect layers of Sterling BOH cronyism, fraud, waste, abuse, misfeasance, malfeasance, misrepresentation, abuse of power, and incompetence to be exposed.

And THAT means, among other things, that the firing of the Sterling BOH’s ‘full-time Health Agent’ [WINK, WINK], David “Nowhere Man” Favreau, should be effected sometime during 2024.

J.G.

Sterling Board of Health Assclown Autocrats Hoffman and Catalano remain intractable advocates for their illegal December 2022 “Deep Observation Hole” local regulation that may, one hopes, get them sued someday soon in Housing Court or Superior Court by an adversely-affected property owner. In the meantime the other BOH member, Catherine Martin, has resigned and jumped ship– https://www.sterling-ma.gov/home/news/board-of-health-vacancy

Hoffman and Catalano continue running their David “Nowhere Man” Favreau full-time [WINK, WINK] Health Agent protection racket too.

The good news is that they are all subject to the upcoming voter-approved BOH audit– BOH Audit Committee Vacancy | Sterling MA (sterling-ma.gov)

Catalano faces re-election in May 2024– Board of Health | Sterling MA (sterling-ma.gov)

Will someone honorable, knowledgeable, and responsible PLEASE step up to challenge her in 2024 so that the Townspeople can boot her sorry ass into oblivion???

J.G.

Sterling’s corrupt, incompetent, lawless and wasteful Board of Health, soon to be subject to an audit investigation thanks to Warrant Article 9’s passage during the 16 October 2023 Sterling Special Town Meeting, will be discussing the passage of Warrant Articles 8 and 9, by OVERWHELMING voter majorities, during its 9 November 2023 public meeting– 11-09-2023_posted_agenda_form_sterling.pdf (sterling-ma.gov)

The 16 October 2023 Special Town Meeting was conducted after more than 600 Sterling voter-petitioners called for it to protest the crooked Board of Health’s ILLEGAL December 2022 local regulation requiring “Deep Observation Hole” testing of all pre-April 1995 septic systems upon pending sale or transfer of the targeted properties.

Your correspondent was informed that the crooked Board of Health’s so-called ‘full time’ Agent [Wink, Wink], David Favreau, who continues to submit big ‘overtime’ claims on his official Town of Sterling time sheets while running Favreau Construction & Septic Services– Title 5 Inspections | Sterling, MA | David Favreau Construction & Septic Services (favreausepticservices.com)— pushed for adoption of the illegal “Deep Observation Hole” testing local regulation after he had a dispute with an intelligent Bean Road septic system owner who knew what the Massachusetts state-level septic system regulations say about “Deep Observation Hole” tests—they are the LAST RESORT, NOT THE FIRST RESORT, in determining seasonal high ground water levels. What David Favreau needs to wear is a locked-on GPS tracking collar—the kind put on wolves—so that the Auditors and the rest of us can learn what he really does and where he really goes every day.

But David Favreau IS NOT the only Sterling Favreau Clan member in position to profit from the crooked Board of Health’s illegal December 2022 “Deep Observation Hole” local regulation. These Favreau Clan members are too—

Home Page | L.R. Favreau Septic Service

Home| Quality Paving & Professional Excavation Services | Sterling, MA (tylerfavreau.com)

SO, PLEASE come on out to the 9 November 2023 Sterling Board of Health public meeting and point out these fascinating Favreau Clan Conflicts of Interest. Under the March 2023 landmark Massachusetts Supreme Judicial Court decision in Barron et al. vs. Kolenda et al.— BARRON vs. KOLENDA, 491 Mass. 408 (masscases.com) — you have an absolute Constitutional right to do so.

J.G.

Sterling Town Moderator Jennifer Scalise-Mullett, during Sterling Annual and Special Town Meetings, runs a PROTECTION RACKET for bent Town of Sterling officials and employees by implementing her UNCONSTITUTIONAL speech suppression/discussion suppression ‘Decorum Policy’ prohibiting the mention, by name, of such bent Town officials and employees.

That ‘Decorum Policy’ was rendered UNCONSTITUTIONAL by the Massachusetts Supreme Judicial Court in its March 2023 landmark case, Barron et al. vs. Kolenda et al., 491 Mass. 408 (2023), involving bent Town of Southborough officials protecting themselves by means of UNCONSTITUTIONAL speech and discussion suppression during official meetings. SEE BARRON vs. KOLENDA, 491 Mass. 408 (masscases.com)

You can bet that Jennifer Scalise-Mullett did not cook up her UNCONSTITUTIONAL ‘Decorum Policy’ alone.

By letter, in spring 2023, ccd to the Sterling Select Board, I warned Ms. Scalise-Mullett about her violations of Sterling voters’ free speech and discussion rights during Sterling Town Meetings. In view of her continued illegal conduct displayed during the 16 October 2023 Sterling Special Town Meeting I filed a ‘Case Report’ about her with the Foundation for Individual Rights and Expression (FIRE). FIRE has staff lawyers and also retains outside lawyers where needed to bring lawsuits against government officials violating individuals’ free speech rights. FIRE is now the PREMIER U.S. organization upholding citizens’ speech protections. SEE https://www.thefire.org/   I have donated to FIRE for many years.

Below is the email I sent on 17 October 2023, about Ms. Scalise-Mullett’s UNCONSTITUTIONAL Town Meeting ‘Decorum Policy,’ to the Sterling Select Board, Town Administrator, Secretary to the Select Board, and Town Clerk, with ccs to the Massachusetts Municipal Association, FIRE, and Town Counsel Gregg Corbo.

Ladies and Gentlemen,

As you know, immediately before the 16 October 2023 Sterling Special Town Meeting, Jennifer Scalise-Mullett, elected Sterling Town Moderator, announced her ‘decorum’ policy that speakers having the floor were not permitted to mention Town officials or Town employees by name during Warrant Article discussions. That policy constitutes an official Town of Sterling speech suppression/discussion suppression and Town officialTown/employee PROTECTION RACKET rendered UNCONSTITUTIONAL by the landmark decision handed down by the Massachusetts Supreme Judicial Court in March, 2023, Barron et al. vs. Kolenda et al., 491 Mass. 408 (2023). SEE BARRON vs. KOLENDA, 491 Mass. 408 (masscases.com) 

In spring 2023, by letter, with cc to the Sterling Select Board, enclosing a full copy of the Barron vs. Kolenda decision, I warned Ms. Scalise-Mullett about her unconstitutional Sterling Town Meeting speech suppression/discussion suppression policy and practices. 

During the 16 October 2023 Sterling Special Town Meeting, when Ms. Scalise-Mullett attempted to cut off, in violation of my rights under the Massachusetts Constitution, my mention of David Favreau, the Sterling Board of Health Agent who continues running up big overtime claims on his official Town of Sterling Time Sheets while running David Favreau Construction & Septic Services–Title 5 Inspections | Sterling, MA | David Favreau Construction & Septic Services (favreausepticservices.com) — and his being in an obvious conflict of interest, I talked over her deliberately to share that information with the Special Town Meeting attendees. I had a Constitutional right to do so.

In view of Ms. Scalise-Mullett’s ongoing, official, violations of  Sterling Town Meeting speakers’ Constitutional rights I have filed a ‘Case Report’ with the Foundation for Individual Rights & Expression (FIRE). FIRE has staff lawyers and also retains private counsel to uphold the free speech/free discussion rights of all U.S. citizens.

Jim Gettens

Sterling, MA

J.G.

Thanks to two or three sharp-eyed Sterling citizen-voters it has come to light that as-yet unidentified STERLING TOWN GOVERNMENT SCUMBAGS typed out, ILLEGALLY, the 16 October 2023 Special Town Meeting Warrant Article 9 with language DIFFERENT FROM the language set forth in the Petition for that Warrant Article signed by more than 200 Sterling citizen-voters. HATS OFF to those vigilant citizen-voters!

The following material is reproduced from emails sent and received by Petition organizer Gary Menin concerning this unfolding scandal (some names have been omitted for privacy/confidentiality purposes):

“shall” and “all” are keywords here. 

MGL Chap 39, sect 10:

The selectmen shall insert in the warrant for the annual meeting all subjects the insertion of which shall be requested of them in writing by ten or more registered voters of the town and in the warrant for every special town meeting all subjects the insertion of which shall be requested of them in writing by one hundred registered voters or by ten per cent of the total number of registered voters of the town whichever number is the lesser. 

Gary 

978 422 8155

It’s just another way to try to get the article thrown out.  So they have two choices I guess.  They can either type up the article and make a new warrant and spend our money at the printing press that way, or they can just have handouts available to take the place of the wrong wording in the warrant.  

But I think they were hoping that no one would see and then the instructions would be different and not as detailed as Gary wants.  They reworded the most important task, which is to compare with other towns in the area. 

The biggest section that is wrong is around line 296

It’s supposed to say:

This independent audit shall review the Board of Health’s financial records to evaluate operating procedures, verify financial controls, and comment on management practices in a formal, transparent process in comparison to other comparable rural residential Towns in Central Massachusetts.  The audit shall be comprised of three components:  an opinion, financial statements and supplementary information, and a separate management letter.  And audit committee shall be formed for this specific process.    It doesn’t say that in the warrant

They changed the word expertise to experience in two places…..line 280 and 300

On line 307 it’s supposed to say The audit committee SHOULD identify areas………and they changed it to CAN identify areas.  

On line 310 it’s supposed to say DELIBERATION METHODS  and they left out METHODS  and changed it to just DELIBERATIONS!!!!  

On line 311  it says questions concerning the efficiency of the Board  and it’s supposed to say efficiency and FOCUS of the Board.  

There’s a misspelling on line 279……..One vs. on

There’s a couple of other small mistakes, but even still, it’s supposed to be word for word.  

The one about the deep hole itself does not have misspellings and changes.  

This is not just one typo, it’s a change of phrases and sentences and instructions.  

I wonder what kind of repercussions they could get for altering this?  Whoever did that clearly has no clue that you are not supposed to change the wording since that’s what people signed their names on the other side of the paper for.  

Notwithstanding that we followed Town recommendations for review of the Petition Motion – prior to signature collection – the following highlighted “most important” statement was surreptitiously removed in the published version after the 214 signatures signed version was submitted. 

The corresponding Motion excerpt from the published warrant is provided below – see link ( https://www.sterling-ma.gov/sites/g/files/vyhlif1266/f/uploads/10_16_2023_stm_warrant.pdf ).

.

We’ll be thoroughly checking both documents for any more unauthorized changes.

Gary Menin, Sr. 
978 422 8155

The Sterling Town Government SCUMBAGS responsible for this attempted fraud on the public are low enough to blow the buffalo on an old Buffalo Nickel–

https://external-content.duckduckgo.com/iu/?u=https%3A%2F%2Ftse1.mm.bing.net%2Fth%3Fid%3DOIP.d1SmgNo2_dVb8v-cOSumoAHaHa%26pid%3DApi%26h%3D160&f=1&ipt=84479372a3d01747e101946afb52433b58d4988e3f3b2a6c51b59872fa418d2d&ipo=images

If you didn’t think that some real SCUMBAGS populate the Sterling Municipal Building, then you need to think again and start voting intelligently. This Blog was started to expose them and their underhanded maneuvers after local media ignored the problem.

UPDATE: The Sterling Police Department should initiate a felony investigation under Mass.Gen.Laws Ch. 267, Sec. 1– https://malegislature.gov/Laws/GeneralLaws/PartIV/TitleI/Chapter267/Section1 — beginning with Town Administrator William Caldwell, then to Maureen “Our Lady of Perpetual Bullshit” Cranson, and thence up and down the Sterling Municipal Building chain.

J.G.

KUDOS to former Sterling Board of Health member Gary Menin for organizing and spearheading the Petition drives (2) that succeeded in calling the Special Town Meeting scheduled for 16 October 2023 and getting Articles 8 and 9 on that Special Town Meeting Warrant. Unlike ANY of the current Board of Health members, Gary Menin is actually trained and certified in Massachusetts septic system requirements, parameters, and testing under Massachusetts Title V, 310 CMR 15.000.  SEE  download (mass.gov)

THE SPECIAL TOWN MEETING WARRANT: 10_16_2023_stm_warrant.pdf (sterling-ma.gov)   More than 600 Sterling citizen-voters signed the Petition for what is now Article 8, and, as a follow-up, given only a 3-day window, more than 200 Sterling citizen-voters signed a second Petition for what is now Article 9. Since the successful Petitions required the Town to schedule the Special Town Meeting, the Town then added Articles 1-7 to the Warrant.

BACKGROUND, ARTICLE 8:  In December 2022 the autocratic, out-of-control, dishonest Board of Health slid through its new local regulation requiring “Deep Observation Hole” septic system testing for pre-1995 Sterling septic systems in cases of property sales/transfers, IN VIOLATION OF 310 CMR 15.302(4). This new local regulation serves no purpose EXCEPT TO BENEFIT THE LOCAL SEPTIC SERVICE COMPANIES BY GENERATING WORK/REVENUES FOR THEM.

NOTE:  The Sterling Board of Health’s own ‘full-time’ (WINK, WINK) ‘Health Agent,’ DAVID ’NOWHERE MAN’ FAVREAU, WHO CONTINUES TO CLAIM OVERTIME ON HIS BOH TIME SHEETS (WINK, WINK), RUNS ‘DAVID FAVREAU CONSTRUCTION & SEPTIC SERVICES’ — Title 5 Inspections | Sterling, MA | David Favreau Construction & Septic Services (favreausepticservices.com)

Another branch of the Favreau clan runs ‘Favreau Septic Services’– Home Page | L.R. Favreau Septic Service

YEAH, the BOH’s new “Deep Observation Hole” testing requirement—SUCH A DEAL!

ARTICLE 9, if passed, would require an Audit of the Sterling BOH. Maybe the Auditors will suggest that, as a condition of continued BOH employment, David ‘Nowhere Man’ Favreau wear a GPS tracking device at all times so we can learn what he really does all day!

COME OUT AND PASS ARTICLES 8 AND 9 AT THE STERLING SPECIAL TOWN MEETING ON 16 OCTOBER 2023 AND DELIVER THE BITCH-SLAP THAT THE CORRUPT, DISHONEST, OUT-OF-CONTROL STERLING BOARD OF HEALTH WELL-DESERVES.

J.G.

Here’s the bent Select Board’s 18 September 2023, 8:00 a.m. Agenda—

2023_9_18_agenda_amended.pdf (sterling-ma.gov)

J.G.