Thursday, November 19, 2009

What's The Big Deal?--Its In Violation of the Law!

Middleborough has been appropriating money to conduct snow and ice removal from PRIVATE ways. Town Counsel, last Monday, told the Selectmen that the law prohibits the Town from appropriating public funds to remove ice and snow from private ways. See MGL Ch. 40, Sec 6C. Until the question of using public monies for this purpose is put on a ballot (see MGL Ch. 40, Sec. 6D), our collective tax monies cannot be spent to give those people living on private ways a freebie.

If the private ways need plowing, they should do what the rest of us do...they should hire a snow plow. I pay for mine, and apparently, in these fiscally strapped times, I am supposed to pay for them.

DPW head Baggas is simply addressing the claim that the Town does not have a revenue problem, it has a spending problem. He is finding a way to reduce spending by stopping illegal activity defined by the use of public monies to plow private ways. Our illustious BoS is "considering" the question. What is there to consider? The statutes are clear, and as Attorney Murray stated, it would be easy for a 10 taxpayer lawsuit to get an injunction against the Town to stop the plowing.

The Schools want an override, as do other departments in Town, yet there is a group of people on the private ways that want the Town to continue to illegally appropriate scarce funds for their personal benefit, and to the detriment of the rest of us. Maybe the money saved could buy some computers for the schools, fix the elevator at the library, of even pay for custodial services at Town Hall.

But how is there any question that the plowing practice must stop under the law, and that it cannot be done without a vote of the citizens of Middleborough.

As an aside, it is incredible that our illustrious and always vigilant local newspaper has the opinion that it does not even know why this has become an issue or ever was raised. Well, illegally spending our tax money always is an issue, particularly where the Town is setting up to ask us to give more. Two-ply! Two-ply!


Anonymous said...

Where do I sign up for the Ten Taxpayer suit?

AMB said...

If you want to join the other 12 taxpayers that already have contacted me to bring suit, you can forward you name and address to me at

Please note that we currently intend to see if the BoS will first come to a conclusion within the next two meetings. If they do not resolve this issue legally, or decide to carry the illegal practice forward at the other taxpayers' expense, then the suit for injunctive relief will be brought to enjoin the Town fromits illegal practice.

Anonymous said...

This is crazy and should have never been started,it must cost thousands in sand & salt,manpower,fuel&truck repairs for a certain few,i have a hundred foot PRIVATE driveway i would like plowed also to save me some money,i will call and try to get on the list,its my tax dollars to.

Anonymous said...

There are plenty of contractors and landscapers out there that can and would plow these private ways.Make a few calls and find out,i did.These people just don't want to pay,they want it for nothing.

Anonymous said...

Adam,this is off topic,but why are 2 selectman and the town administrator protecting the IT dept from a review suggested by the fin. see if we can save some money and who are they trying to protect.Its a joke.

Anonymous said...

I pay for plowing and have for years. I am unemployed, now and would love to save some money but not at the expense of breaking the law.
Adam, I will not join your cause, however, I do applaud you and the others.
These rich people, a lawyer, an eye doctor, and a library director, that lives on Rivers Edge,should be ashamed of themselves for asking the Board of Selectmen to break the law this year, so that can be accepted next year and to save some money for this year.
Do you people, not just the ones I just listed, but everyone,have any idea, what this problem with Dubai is going to do to all of us?
Wake up, everyone, start thinking of each other and the economics.Start thinking of other things other than just your own pocket books.
You don't have a clue. Massachusetts with Middleborough in it could easily be bankrupt next year.
Become sustainable from your own back yards. Volunteer to help each other and the elderly. Force your children and especially the teen agers to help your family out wherever they can. Teach your children how to cook. Teach them how to bargain shop. How to do without all the latest fads and gadgets. Teach them pride and dignity and give them self esteem by being creative and thinking of new solutions. Give them projects and a different lifestyle this coming year. Teach them how to volunteer to help others.
Yes, Adam, this has nothing to do with the beginning of my comment but it does go along with wastefulness and teaching right from wrong.

Anonymous said...

We are watching the BOS meeting re: the plowing issue. The chairman in listing the residents who are suing the town felt the need to point out: "renter", "daughter", etc. implying they are NOT taxpayers since they do not own property, and therefore that they should have no beef. We want to ask the following: do they own vehicles? Correct me if I am wrong, but don't EXCISE TAXES ALSO GO TO THE TOWN? If "yes", then they ARE taxpayers...
Furthermore, I don't think that being a "taxpayer" should be a requirement -- any resident registered to vote has an equal vote or say in how the Town is run and money is spent at Town Meeting. Money that is illegally spent, is money that is not there for legal services that everyone needs such as the schools, for example.

Anonymous said...

People are forgetting that no matter how you live or where you live, it is almost a given that you are a taxpayer. The question of being a tax payer in a town is not negotiable.
If your a renter, than your rent is subject to always rising because your landlord pays the taxes based on the rent and the rent goes up if the taxes go up.
If you drive on town streets, than you pay a gasoline tax and a federal tax that comes back to the town from the government in one way, shape or form.
Truth be known, we have been put in a very precarious spot by the selectmen with their own agenda's. Mostly political.
I am one, that will be writing the ethics board, the inspector general, the attorney general and the municipal overseers.
Hope, others join me.
The Brockton Enterprise editorial, the articles,the Dan Murray letter, and the minutes will all be included in their packets as proof of the broken law.
Do I have my own agenda? Yes. That is the agenda of practicality. The town is breaking a law and it will cost the town royally because they are doing it.
Who the hell do the BOS think they are?
Vote every one of them out as soon as we can, without costing us more money.
MiMi did and said the right thing this time. But she still is breaking the law.Same with Steve Mckinnon.
The BOS can expect a phone call and will get it from some overseer, trust me on that.
If you are reading this, than please, go on Mass.Gov and get the phone numbers and addresses.
To continuously bash someone because they are looking out for the good of the town is wrong.
Shame on all of them.