Atkinson chief: Selectmen threatening his job

From the Eagle Tribune;

July 22, 2011
Atkinson chief: Selectmen threatening his job
By Cara Hogan
chogan@eagletribune.com

ATKINSON — Police Chief Philip Consentino said selectmen are threatening to fire him for doing his job.

Consentino had heart surgery on June 14 and had been doing some work, mostly paperwork, from home while he recovers. But in a letter Consentino said he received on July 12, selectmen asked him to stop doing any police work.

"While you are out recuperating from your surgery, you are instructed that you are not authorized to perform any of your duties as a police chief or elderly affairs director of the town of Atkinson," the letter read. "Performing any of your duties ... you will be subject to disciplinary action up to and including termination."

The letter was a shock, Consentino said, and he doesn't understand why selectmen would threaten his job.

"I have to get a letter like this to throw all this added stress on my recovery," he said yesterday. "The feeling I got in my gut after receiving a letter like that, it just turned my stomach."

But Selectmen's Chairman William Bennett said the town is not trying to keep Consentino from his job.

"Some people think we're trying to push the chief out and that's in no way, shape or form what we're doing," he said. "The standard phrase in administrative letters is 'disciplinary action up to and including dismissal.' It doesn't mean we're trying to fire him. It just means he has to listen to what the Board of Selectmen tell him to do."

In fact, Bennett said, he wants to get Consentino back to work, but it's a liability issue.

"We want him back in the saddle as fast as possible, we just don't want him to push himself and come back too soon," he said. "I know Consentino, he thinks he's invincible. I don't want him to die on the job and his wife sues us for letting him come back to work."

But Consentino said he has a note from his doctor, saying he is recovering well and ready to work.

"My surgeon stated I could go back to work doing light duty at the Police Department behind the desk," he said. "The selectmen rejected that and said I will have to come back in full capacity, and have my doctor sign off on the physical demands for the Atkinson Police Chief."

The selectmen's letter said Consentino would have to be able to lift 25 pounds, carry more than 50 pounds, and be able to twist, bend, crawl and kneel before he can return to work.

"I'm hoping my surgeon will give me the OK to go back to work by Sept. 1, with no restrictions whatsoever," he said. "But why don't they just let me go back to desk duty? They're just restricting the police department's ability to function."

Town Manager Phil Smith would not confirm whether Consentino had presented his doctor's note and been rejected.

"The chief himself would have to release to you his medical documents from his doctor," he said.

Bennett said the letter to Consentino was a slight mistake. The chief does not need to be able to perform those specific physical activities before coming back to work, he said.

"We need to know if he is pain-free enough to make good decisions," Bennett said. "If he comes in and does desk duty, we don't want him jumping into the fray when he's not ready. It's a stressful job."

Three days after his surgery, while still in the intensive care unit, Consentino said, his wife brought him police paperwork and he would sort it out.

"When I finally got home from rehab, I was paying the bills here and sending them to Town Hall," he said. "Now, I get this letter saying I can't do anything. I have totally divorced myself now from the police department. The department is going to suffer dramatically because Detective (Philip) Farrar is not in a position to make decisions that a chief would make."

Selectmen did not appoint an acting chief while Consentino is out. Farrar was named officer in charge when Consentino left for his surgery.

Consentino said he feels persecuted and singled out by the board.

"(Fire Chief) Mike Murphy was out for surgery two months ago," Consentino said. "I called and asked if he was required to send in a note. He said he was surprised because just three days ago, the town had called and asked for a note from his doctor, which was about two months after the fact."

For now, Consentino is focusing on his health and not working for the town.

Atkinson mourns Marine's death

From the Eagle Tribune;

July 15, 2011
Atkinson mourns Marine's death

ATKINSON — Local residents are mourning the death of a 33-year-old Marine killed in an off-duty parachuting accident in Switzerland.

The U.S. Marine Corps said today that Maj. Jeremy J. Graczyk died while on a monthlong leave from his unit in Quantico, Va. No details on how the accident occurred were available.

Graczyk joined the Marines in 1999 after graduating from the U.S. Naval Academy, deployed multiple times to Iraq and Afghanistan and decorated numerous times.

The 1995 Timberlane Regional High School valedictorian is being remembered as a wonderful man dedicated to serving his country.

Atkinson resident Steven Lewis said his son, Garrick Lewis, had known Graczyk since they were children.

"Jeremy was a true American," Lewis said. "He was a kind, warm, full-of-life guy who loved his country."

Selectman William Bennett said he knew Graczyk and his family well.

"My son grew up with him," Bennett said. "He didn't deserve it; he was a really good kid."

Atkinson projects behind schedule

From the Eagle Tribune;

July 15, 2011
Atkinson projects behind schedule
By Cara Hogan
chogan@eagletribune.com

ATKINSON — Work on two town building projects has been delayed.

One involves repairing a leaky roof at the fire station; the other is the removal of asbestos at the police station.

Selectman Fred Childs said work should start soon at the two stations, both located on Academy Avenue.

"The Fire Department is going to be painted and we're trying to decide whether to make repairs or replace the whole roof," he said.

Voters approved $46,000 for the roof, Fire Chief Michael Murphy said. But there's no final deal with a contractor, so nothing has started.

That prompted Murphy to send a letter to selectmen this week.

"I asked selectmen what the status is moving forward," he said. "I wanted to prompt them to find out where we stand and when work will start. I'm getting tired of seeing the damage."

Murphy said the leaky roof has caused minor damage to wallboard, ceiling tiles and paint. The building is only 10 years old. "People are pointing fingers left and right and there's no recourse," he said. "This has been going on for the past few years. The bottom line is the roof needs to be repaired. This is the time of year to be doing work on a roof."

Childs said scheduling problems have delayed the project.

"We've been getting prices for it," he said. "But (Selectman William) Bennett has missed a couple of meetings and (Selectman William) Friel, too. We haven't really all been together the last couple of months. But it's still in the works."

Murphy said he knows selectmen are busy, but wants to make sure the work starts this summer. "I don't believe any construction would interfere with the department," he said. "It's all roof work, not interior work. I'm sure we could manage with the contractor."

Repairs at the police station are also behind schedule.

"At the Police Department, we're changing all the air conditioning vents and putting a whole new ceiling in," Childs said. "There was some asbestos residue in there. Instead of cleaning that out, we're just replacing it. That should be done by next weekend."

It will cost about $4,000 for the new ceiling and vents as the town makes sure the air quality is safe for employees. Detective Sgt. Philip Farrar said the work at the station had been scheduled and then rescheduled.

"There is no work going on at this point," he said. "They were supposed to come in and take the ceiling down last weekend, but now they're saying this weekend. I'm really not sure what's going on."

Childs said the town had a contractor, but then found a better deal, causing the delay.

Friel knew someone who could do it a lot cheaper, but because it was a holiday weekend, he couldn't do it right away," Childs said. "Now, they're making sure it's being done right. I know they're anxious to get it done, but we are going to do it. We haven't been overlooking it, things don't happen at the snap of a finger sometimes."

Childs said there are many projects in town right now, including painting the Historical Society and making repairs to the Community Center.

Atkinson police chief recovering from surgery

From the Eagle Tribune;

July 4, 2011
Atkinson police chief recovering from surgery
By Cara Hogan
chogan@eagletribune.com

ATKINSON — Police Chief Philip Consentino came home from the hospital Thursday after heart surgery on June 14.

Consentino had surgery to repair a leaky valve in his heart. He has been on medical leave from the police department while in the hospital.

"This was very major surgery," he said. "It was an eight-hour surgery. They ripped me up and sewed me back together."

Consentino said he's still in pain and can't return to work yet, but he's happy to be home again.

"I called (the station) two to three times a day to make any major decisions and answer questions while I was in the hospital," he said. "I'm home now, running things from the house, sorting out different bills and doing paperwork. I can't get out and run 100 miles per hour yet, but my brain and arms are still working, so I can still do something."

The longtime chief he should be able to get back into the office in a few weeks.

"I have an appointment with the surgeon next Tuesday and, hopefully, I'll get a clean bill of health," he said. "I'd say a couple of weeks and then I'll be able to get back, whether it's just light duty work, sitting at a desk or whatever."

Until then, Detective Philip Farrar is in charge.

"He seems to be recovering quite well and I'm hoping he'll be back real soon," Farrar said of Consentino. "In the meantime, we're holding our own here."

Farrar took over as second in command after Lt. William Baldwin left the department for a job in Plaistow. The selectmen voted to bring in an independent company to review the staffing needs of the department and put off hiring Baldwin's replacement. Just a few weeks later, Farrar announced he would be retiring this summer, leaving the department understaffed.

But now, Farrar said, Consentino's surgery has changed his plans.

"I put the retirement plans on hold for now just because I don't know when he's coming back, and I'm not going to walk away and leave him stranded," he said. "We've got a good crew here and we're doing fine. Everyone pitches in."

Selectmen's Chairman William Bennett said everyone is relieved the surgery went well.

"We're very happy that the chief is recovering so well," Bennett said. "We're glad to have him back in town and we look forward to him getting back in the saddle. "

There have been no problems at the department in Consentino's absence.

"The chief left a capable man in charge," Bennett said. "Farrar will remain in charge until the chief is ready to return."

The Atkinson community has stepped up to help Consentino and his wife during his recovery.

"The outpouring of people sending me cards, and calling and offering help has been absolutely amazing," Consentino said. "So many people took the time to send me a get well card and I really appreciate their concern. It gives you a warm feeling knowing there are people who care about you."

Atkinson wants out of regional hazmat group

From the Eagle Tribune;

June 23, 2011
Atkinson wants out of regional hazmat group
By Cara Hogan
chogan@eagletribune.com

ATKINSON — If there's a hazardous waste incident in Atkinson, town officials would like to handle it themselves.

The town is one of 15 in a nearly 20-year-old municipal group that formed to respond regionally to hazmat situations. Two years ago, Atkinson stopped paying its $6,000 annual membership dues.

That brought Hampstead Selectman Richard Hartung, who's also chairman of the Southeastern New Hampshire Hazardous Material Mutual Aid District, to the Atkinson selectmen's meeting Monday night.

Hartung asked selectmen to reconsider their decision to leave the group. But if they wouldn't, Hartung said, they should give official notice of their withdrawal.

"There is an allotment of dues for each town for the year and Atkinson chose not to pay theirs," he said. "We haven't had anything official from the town or board. The simple fact of not paying does not exclude you."

The town opted out when fire Chief Michael Murphy recommended the payments be cut to save the town some money.

"They offer a valuable resource, it's just their resources go way beyond what Atkinson needs," he said. "Our exposure is minimal. There's very little risk in town compared to Salem or Derry, where they have major highways going through their communities and a lot of industry and commercial manufacturing. It's good insurance, but I think I provide a level of protection."

Murphy said the town spent $4,500 for its own equipment.

"Last year, we put in a special hazardous vehicle, equipped with spill containment equipment," he said. "We have the capability of getting out there and handling a first response spill until we call in additional resources, whether private or the state. We didn't leave the town without anything."

But Hartung said it's not possible for Atkinson to have the same kind of coverage the Mutual Aid District offers.

"I don't think it's a thing the town can really do on their own," he said. "I took some umbrage with what was said they have their own capacity, I think it's very limited whatever they have."

Hartung said the Emergency Response Team includes 50 members, drawn from fire departments within the district. Those people are trained to deal with chemical, biological, radiological or nuclear incidents. And, he said, those types of spills do happen in member towns.

"The teams are activated numerous times during the year across the district," he said. "Atkinson has been involved for 20 years, but I'm not sure how many times they've needed our services."

Atkinson Selectmen's Chairman William Bennett said the town may still reconsider its decision, but he needs more information first.

"If the bylaws say because we're members and we owe the past dues, we might just pay," he said. "If it requires a formal vote from the board to end our association, we may do that. It depends on what the bylaws say."

Selectman William Friel said the town just doesn't have the money to pay membership dues.

"We can't pay it," he said. "The line item for this was eliminated by the Budget Committee."

Murphy said he stands behind his decision to leave the organization unless more information comes out. Bennett agreed.

"Chief Murphy feels he's adequately equipped to respond to a hazmat spill and he knows a whole lot more about responding to hazmat threats than I do," he said. "If he tells me he's all set, I'm not going to second guess that decision."

Hartung said he still hopes the town will reconsider.

"I believe it's within their capability to pay this, if they choose to," he said. "It is an issue of public safety and this organization brings an outstanding value."

The other member towns include Windham, Hampstead, Hooksett, Auburn, Candia, Chester, Danville, Derry, Litchfield, Londonderry, Pelham, Plaistow, Salem and Sandown.

Two charged after crashing stolen car

From the Eagle Tribune;

Two charged after crashing stolen car
By Cara Hogan

View All Photos
Posted: 06/22/2011 12:14 AM
ATKINSON — Two Lawrence men, allegedly driving a stolen car, led police on a high-speed chase through town before crashing early yesterday morning.

Detective Sgt. Philip Farrar said Officer Kevin Donnelly was on a routine patrol and tried to pull over a white 1994 Honda Accord for speeding on Sawyer Avenue at 6:30 a.m. yesterday.

"The car didn't stop and there was a short pursuit of about a mile or so," Farrar said. "Donnelly called it off because it got too excessive in speed, up to 70 mph on back roads."

The Honda crashed shortly afterward at the intersection of Sawyer Avenue and Main Street, going straight through the intersection and hitting a stone wall.

Farrar said the two men fled the vehicle. "I apprehended them 30 minutes later on the other side of town on Lewis Lane. They offered no resistance when arrested," he said.

Farrar said the two men had disturbed the neighborhood while they ran from the police, knocking on and trying to open doors.

"They were trying to get help, I guess," Farrar said. "A woman said they told her they had missed the school bus, which we got a chuckle out of."

Jeremiah Torres, 18, and Irvin Diaz, 19, both from Lawrence, allegedly stole the car earlier yesterday morning in Lawrence before driving to Atkinson.

Both were arrested and charged with receiving stolen property, conduct after an accident, operating after revocation, reckless driving and disobeying a police officer.

The two men are both known gang members in Lawrence, according to Farrar.

"Lawrence (police) said they have both been involved in shootings down there," Farrar said. "These guys are bad guys; they're the real deal. It would appear that Atkinson is a throughway to Salem from Lawrence and Haverhill, all the crime from Lawrence heading our way every day."

Torres and Diaz are in custody, Farrar said, held on $25,000 cash bail each. They are scheduled for video arraignment today in Plaistow District Court.

Atkinson rail panel counters bias claims

From the Eagle Tribune;

June 21, 2011
Atkinson rail panel counters bias claims
By Cara Hogan
chogan@eagletribune.com

ATKINSON — The Atkinson Commuter Rail Investigatory Committee defended themselves against charges of bias at last night's selectmen meeting.

The committee wrote an official report on the proposed Massachusetts Bay Transportation Authority layover station on the Plaistow and Atkinson line on May 16, outlining the impact it would have on Atkinson. But when Selectmen's chairman William Bennett read the report, he called it "biased" and told the committee to make significant changes before the board would accepted and release it to the public.

Robert Clark, a member of the investigatory committee, responded with documents that he said answered Bennett's questions and comments on the report. He denied any bias and said the committee did its best with limited resources.

"All our committee members agree we reported the facts both positive and negative," he said. "All reports come with a bit of conjecture. The fact is there will be noise and air pollution. We ask the selectmen for their opposition to this layover station, and we ask the report be posted to the town website."

Bennett agreed to post the report, but not without his comments, which critiqued nearly every aspect of the report.

"I found the report biased against the potential benefits of a commuter rail station," he said. "It minimized the benefits and exaggerated the drawbacks."

Joe DeMonaco, another committee member, also defended the work.

"Nowhere in that report do we say we're against the commuter rail," he said. "We're just against the layover station. We should take lessons from places like Bradford and Rockport. They have had so many problems with pollution from their layover stations."

He said the MBTA is not a good neighbor and would not take measures to minimize the noise or air pollution. And Bennett agreed.

"Your point that we can't trust the MBTA further than we can throw one of their locomotives is a good one," Bennett said. "We have to work with the state and make sure the MBTA doesn't thumb their nose at local regulations."

Even with the disagreement over the report, the selectmen and the committee did agree that the town should be involved in the upcoming negotiations between Plaistow, the New Hampshire Department of Transportation and the MBTA.

"We will be sending a letter to the DOT about those potential impacts on Atkinson," Bennett said. "We want to make sure if it does go through, our interests are protected."

Selectman Fred Childs said he agreed with many of Bennett's comments and supported taking official action against the layover station.

"We can't do anything about the station, that's Plaistow's decision," he said. "I want to send a letter to them. We can express our concerns, that is all."

Selectman Friel said he was also against the layover station and specifically angry with Plaistow's actions.

"I am not pleased with the way Plaistow has done this under the cover of darkness," he said. "We are not notified when issues come up and I do not appreciate it."

The board also reinstated the committee members, allowing them to continue to work on the issue, though they have completed the report.

"I think it was a very positive meeting," Clark said afterward. "We're still a committee, and we hope to help the town."

The committee also commended the Board of Selectmen for a recent land purchase of two acres that would provide a small sound buffer between the station and a local neighborhood, Bryant Woods. The public will soon be able to read the report on the town website, with comments and criticisms from the Board of Selectmen included.