Illegal occupancy will cost Osborns $122,375

From the Eagle Tribune;

December 19, 2010
Illegal occupancy will cost Atkinson couple $122,375

By Cara Hogan chogan@eagletribune.com The Eagle Tribune Sun Dec 19, 2010, 12:30 AM EST

ATKINSON — It cost Margaret and Daniel Osborn more than $500 a day for each of the 223 days they lived in their 8 Valcat Lane home.

The Osborns must pay the town of Atkinson $122,375 in civil penalties for living in their home without an occupancy certificate, Rockingham County Superior Judge Kenneth McHugh ruled Thursday. The couple also must pay the attorney fees the town incurred fighting the matter in court.

The town ordered the Osborns to install a sprinkler system in their home because it was not easily accessible by fire and other emergency vehicles. A building permit issued in May 2008 specified the necessity for a sprinkler system.

But the Osborns didn't install one and moved in anyway, occupying the house from Nov. 30, 2009 until July 10 this year.

McHugh ordered the Osborns to pay statutory penalties of $275 for the first offense for living there without the certificate and $550 for each subsequent offense — incurred daily.

"They didn't have the necessary occupancy permit," town attorney Sumner Kalman said Friday. "The town sent them a cease-and-desist notice as of Dec. 14 (2009), and they had five days to conform to regulations and they ignored that. The town told them again and again to comply, but it took until the spring of 2010 for the town to go for legal action. It was a long process and it's not like the town didn't give the Osborns enough time."

The Osborns received a $5,700 cost estimate for a sprinkler system in May 2008. But they tried to avoid the need for such a system by building a new driveway instead, according to court documents. A proposed driveway plan, with a grade of 23 percent, was submitted to the town in October 2008. The town immediately deemed that plan as "not acceptable."

The Osborns did have two avenues of appeal, McHugh noted in his decision, but did not take advantage of either one of them. Margaret Osborn testified she wasn't aware of the right to appeal, although she was a member of the Atkinson Zoning Board of Adjustment for two years while that board considered her request to build the home.

Fire Chief Michael Murphy wrote in May 2008 that a sprinkler system should be a condition of a building permit. The town building inspector adopted Murphy's recommendation and made it a construction requirement.

McHugh called the case an issue of "he said, she said," with arguments back and forth between Margaret Osborn and Murphy, along with other town officials.

"The important thing in this case is there was a disagreement between Mrs. Osborn and the chief between what was said in a meeting," Kalman said. "Only one could be believed and it was quite obvious the judge believed Chief Murphy. Mrs. Osborn's story was just not reasonable. It was a good decision."

The Osborns could not be reached for comment Friday. Their attorney, Bernard Campbell, said he had not read the decision and could not comment on it.

If the Osborns install a sprinkler and have the house inspected, they could qualify for an occupancy permit and move in legally, Kalman said.

Town Manager Phil Smith said he is glad the case is completed.

"We want to put it behind us and move onto other things," he said.

Atkinson man guilty of hiring illegal immigrants

From the Eagle Tribune;

December 15, 2010
Atkinson man guilty of hiring illegal immigrants

By Doug Ireland direland@eagletribune.com The Eagle Tribune Wed Dec 15, 2010, 12:28 AM EST

ATKINSON — A 53-year-old local man has pleaded guilty to employing illegal immigrants at his Dunkin' Donuts stores in Maine.

George Valvanis of Atkinson pleaded guilty Monday in U.S. District Court in Portland to a single count of recruiting or hiring illegal immigrants unauthorized and one count of lying on an immigration document, according to U.S. Attorney Thomas E. Delahanty II of Maine.

The case was investigated by U.S. Immigration and Customs Enforcement's homeland security investigations.

Valvanis managed several Dunkin' Donuts stores in the Portland area and employed 18 illegal immigrants between 2001 and 2009, according to court records.

He faces a maximum prison term of five years on the charge of lying on a document and six months on the hiring charge.

"ICE HSI will hold employers who knowingly hire an illegal work force accountable for their actions," said Bruce M. Foucart, special agent in charge of ICE HSI in Boston.

"Our office will continue to investigate and find employers who flout our laws and hire illegal labor in order to reduce the demand for illegal employment and protect employment opportunities for the nation's lawful work force," Foucart said in a statement. "ICE HSI will use enforcement tools, civil and criminal, when appropriate to bring about compliance."

Valvanis is to be sentenced in April by U.S. District Judge D. Brock Hornby.

Report from the Courtroom 2: Davis v. Osborns, et al.

For the past two days, The Osborns have been fighting in Court to retain the driveway which they built across Carol Davis' land.

First up at bat was James LaValle, the contractor who not only surveyed the land upon which they built the driveway, but he is also the man who put the right of way on Carol Davis plot plan back in 1995 for then owner Valenti. In Atkinson v. Osborn, Maggie claimed alternatively that "the Town" had told her that she "owned the deeded right of way", "her lawyer" told her that she "owned the deeded right of way", and that "Mr. LaValle" told her that she "owned the deeded right of way". Maggie's only problem today is that Mr. LaValle testified that he "did not tell Mrs. Osborn that she owned the deeded right of way". Sorry Mags, Somebody is lying, and it doesn't look good for you. After Maggie backed off, in Court, her oft tearful claim that she owned a deeded right of way across Mrs. Davis land, she claimed that it was a "road of aged". The only problem for Maggie was that In order for it to be a "road of aged" or a "road by prescription" it had to have been "in regular and constant public use" for a minimum of 20 years. Mr. Lavalle testified that he did the original design in 1995, in addition he admitted that the original road, Valcat ln., was not shown on any of his plans for the driveway. Again, Sorry Mags.

Next up was Paul Shea, neighbor to the osborn's who was there to testify to the "history of the land" up there. Unfortunately for him Davis' attorney questioned him on his investment in the Osborn's illicit driveway. It seems that Mr. Shea ponied up $14,000.00 to invest in the driveway, after Maggie advised him that he had a deeded, right of way through there. Again, too bad for the osborns, under cross examination, mr, Shea admitted that he had no knowledge of any right of way existing there until Maggie told him about it, he further testified that he consulted no attorney, or advisor, instead investng his money on the word of Margaret Osborn alone. Sorry, Paul should have bought Enron stock.

Last up today was Maggie Osborn. Maggie NOW claimed that she notified Mrs. Davis up front about the driveway she intended to build and Mrs. Davis had no problem with it. Of course this flies in the face of her admission at the ZBA that she had forgot to notify Mrs. Davis of the meeting. Another lie? Maggie then had to backpedal, when asked to show where on HER DEED, she was granted access to Mrs. Davis land. (cue the crickets)

Shortly after this exchange the Judge pulled the attornies into chambers, when they emerged he told the Court that he would rule on this case but first he wanted the parties to get together and try to work out a settlement. He cautioned the parties that although he would issue a ruling in this case, his court was not the lottery and no one should expect to get rich there, Mrs. davis is the only party with a claim.

the two sides have 2 weeks to file their closing arguments, then if no settlement is reached he will rule.

Question is: What will the Town then do, when The Osborn's lose their driveway, THAT was the ONLY thing that allowed them to build a 2,600 sq.ft. home on that site, Without that the site would only support a 1,400 sq.ft. home.,and not the 4,400 sq.ft. McMansion that sits there now.

Report from the Courtroom: Atkinson v. Osborns

Yes, although it is not known to most the Town has been in court twice in the last week against the Osborn's. This stems from the eviction Order obtained by the Town this summer against the Osborn's. The Osborn's are trying to do an end around the town by attempting to get the Court to rescind the eviction Order and allow them to live in the home until the issues are resolved "because it is the Christmas Season".

Maggie, in her Court testimony claimed to be "homeless", And Town Counsel, Sumner Kalman dropped the ball by not following up asking her where they stay every night, which would be the home that sits at 8 valcat ln. that they were evicted from in May.

Maggie in her court testimony also claimed that "they have done everything that the town has asked of them, except for two issues, which are in dispute" those being the sprinkler system and the tearing down of the boathouse. She conveniently ignores the fact that she agreed to the sprinkler system because the town can not get a fire truck up that road because it is too steep. She also claimed that she "thought she didn't need the sprinkler system after talking to the fire chief". She re-counts the town's numerous attempts to help her with a work around, but ignores her end of the proposals, for example:

She proposed a dry hydrant drawing from the lake in lieu of sprinklers: Problem is no one has a pump that can pump the volume of water necessary to fill an 8" pipe(hydrant width) to a height of 130', (roof elevation above the lake.)

She then proposed a cistern at the top of the ridge, which she claimed would benefit her neighbors as well. This never materialized.

She then claimed to have a "deeded right of way, directly to chase island rd.". Chief Murphy told her that if she did have that, and the grade was such that he could get a pumper up there, he would work with that as soon as she provided engineered plans for it. She provided no engineered plans, but went ahead and built her driveway(which it now looks like she may lose, because she built it) across Carol Davis' land, and even after cutting through Valcat ln 8' thereby cutting off access to the lots beyond hers, the grade is still 13.6%, FAR too steep for a 63' long, 17 ton fire truck.

Maggie's lawyer, made the claim that there was no access problem for their house, because her neighbor gets his pickup up there to plow, UPS and FEDEX get up there. Once again, Sumner dropped the ball by not following this juvenile comparison up by asking the relevance in these examples to getting a 63' long, 17 ton fire truck up that hill.

Forgotten also in Maggie's cloak of victimhood was the fact that the town ONLY gave her permission to build a 2,600 sq.ft. home because she claimed ownership of a direct right of way to Chase Island rd.and agreed to sprinkle, without that she would only have been allowed to build a 1,400 sq. ft. home on that site. She also forgot to mention that after submitting plans for a 2,600 sq.ft. home to get the building permit, she had Silverlake assoc. design a 4,400 sq.ft. home which is what was built.

The town, for their part does not want to "beat up" on the Osborn's during the Christmas Season, but spent the money, time and effort to go to Court to obtain an eviction Order, which they are now content to ignore. Why did they spend the money in the first place if they were not going to enforce it? The town is also faced with the hypocrisy of obtaining a court order for Mr. Mason to tear down the overbuilt portion of his home on the lake, while ignoring the VASTLY overbuilt Osborn Manse.

And our selectmen wonder why people get pissed at the high handed manner in which they selectively enforce and prosecute laws and violations in this town.

Atkinson energy audit shows potential savings

From the Eagle Tribune;

November 30, 2010
Atkinson energy audit shows potential savings

By Cara Hogan chogan@eagletribune.com The Eagle Tribune Tue Nov 30, 2010, 12:01 AM EST

ATKINSON — The town could save 53 percent on fuel and 30 percent on electricity to heat the town's buildings, but only by spending $706,000 on energy-saving repairs and updates.

The just-completed energy audit of eight town buildings is the first of its kind for Atkinson, according to Town Manager Philip Smith.

"The town has addressed issues individually as needed, but never as comprehensive as what's been done now," Smith said. "The last thing they did that was an electric audit, an electric company coming in and looking at the electric usage. But this looks at much more."

Elmer Arbagast of Arbagast Energy Auditing did the audit and analyzed the energy usage in each building, coming up with changes, large and small, to improve energy efficiency and save money.

"I went to all the buildings and looked at all the energy usage, temperature and humidity, took all the data collected and put together a list of potential recommendations," he said.

The list includes changing lighting, weatherizing buildings with new insulation, and upgrading heating, ventilation and air conditioning. Arbagast said there is potential for on-site renewable energy: a thermal solar unit at the police station and a combined heat-and-power unit at Town Hall. He said the changes would reduce the town's CO2 emissions by 53 percent.

However, all of the recommendations would be expensive, costing more than $700,000. Arbagast said most towns don't do everything on the list.

"Most towns implement some of the recommendations over multiple years," he said. "I would anticipate Atkinson implementing half of these over five years."

The town applied for a federal stimulus grant to fund the energy audit, which cost just under $15,000. Because of the funding, other towns also are looking to have energy audits, and Arbagast said he might be working with Windham next.

Smith said the town will officially unveil the report and all the details at the selectmen's meeting Dec. 7.

A look at Southern NH superintendent pay

From the Eagle Tribune;

November 28, 2010
A look at Southern NH superintendent pay

By John Toole jtoole@eagletribune.com The Eagle Tribune Sun Nov 28, 2010, 12:41 AM EST

Londonderry School District's Nathan J. Greenberg is New Hampshire's superintendent of the year. But he's not the highest paid superintendent in Southern New Hampshire.

That honor goes to Timberlane Regional School District's Richard A. La Salle, whose $135,960 salary is tops among six superintendents in the region, according to figures released last month by the state Department of Education.

But Greenberg, whose pay for 2010-2011 is $131,325, has something La Salle can't claim this year: a raise. Greenberg's School Board gave him a $2,575 increase over last year's salary.

There is only about a $20,000 difference between Southern New Hampshire's highest and lowest paid superintendents. Their contracts are typical for New Hampshire superintendents, falling in the range of $120,000s to $130,000s. The state's highest paid superintendent is Manchester's Thomas Brennan at $160,471.

Superintendents work an average of 70 hours a week, getting up to check on road conditions before dawn and meeting late at night with school boards, according to Mark Joyce, a former superintendent who is executive director of the New Hampshire School Administrators Association.

"Being a CEO, you are 24/7/365," Joyce said.

The job has great challenges and great rewards, he said.

"You cannot operate in the role to make friends," Joyce said. "You have hard decisions to make on the part of children."

Is Londonderry's Greenberg worth the money? His School Board thinks so.

"Nate every day is like a page out of a how-to-grow-your-business-successfully book," Londonderry School Board member Steve Young said. "He's always in the schools, with management and with the employees. He knows everyone."

Greenberg has coped with reduced personnel, but "not reduced the delivery of the product, which is the education of the student in the classroom," Young said.

The Londonderry superintendent also has been in the thick of the state school funding fight, helping to start a coalition to look out for the interest of school districts.

"It was very important to him that we not make this a fight for us, but make it for every child in New Hampshire," Young recalled.

By the numbers

A superintendent, like a ballplayer, also can be measured by statistics.

Look at key numbers compiled for the state Department of Education and Greenberg comes to the head of the class.

His dropout rate? One of the best in New Hampshire at 2.8 percent. His student attendance? Beats the state average at 95.9 percent.

Salem's Michael Delahanty ranks fifth in pay among the region's six superintendents at $120,500.

Salem School Board member Bernard Campbell said Salem's superintendent should rank first or second in the region for pay.

"Mr. Delahanty's salary has been dropping (in comparison to other superintendents) for some time and that concerns me," Campbell said. "He has a sincere desire to see students succeed. He does not rest, literally and figuratively, to achieve that goal."

Joyce said pay for New Hampshire's school superintendents is typical for northern New England, but much lower than Massachusetts.

Andover, Mass., earlier this year advertised a superintendent's post with a salary range of $180,000 to $200,000.

Parents should evaluate superintendents on the experience of their children in schools, on the superintendent's communication from school to home, Joyce said. Taxpayers, who may not be parents, should look at their superintendent's stewardship of public resources and skills in management, he said.

Some say pay is too high

George Lovejoy, chairman of the New Hampshire Advantage Coalition, which has campaigned for local government tax and spending caps, said school administrators are costing taxpayers "way too much money."

It's not just in the top salaries, but the growth in the administration: more assistant superintendents, more business managers and finance officers, Lovejoy said.

"They get pay increases when the general worker, the taxpayer, is out of work or not receiving pay increases," he said.

They also get benefit packages and retirement plans, Lovejoy said.

The number of administrators has grown even as the number of students enrolled has declined in recent years, he said.

"There's something wrong with that," he said.

Lovejoy advocates a state study of school administrative units. He wonders if New Hampshire would be better with fewer of them through consolidations.

"Do we need a district in every other town?" he asked. "I think we can do a better job than we are now doing."

If teachers aren't doing the job in the classroom, they should be replaced. The same goes for superintendents, in Lovejoy's mind.

"Do we have progress in performance in the subject areas in the classroom?" Lovejoy asked.

Rick Trombly, director of public affairs for the National Education Association-New Hampshire, which represents 16,000 unionized teachers and support staff, said some of his members will tell you their superintendents are paid appropriately, while others will have a less rosy view.

That's because of the natural tension between labor and management, he said. Their opinions, he said, vary district by district, almost member to member.

Parents, in evaluating whether their superintendent is paid appropriately, should look at a variety of factors, in Trombly's view. How does the superintendent get along with the school board? The faculty? Does he understand the laws that govern education?

"Is the superintendent able to inspire not only the school community, but the local community" in support of education, Trombly asks.

"Can you say the superintendent has the interests of the students at heart when he makes a decision?" he said.

But Trombly admits the job of a superintendent isn't easy.

"Sometimes these people are running a school community that is larger than some of the towns in this state," Trombly said.


All about superintendents

Superintendent Pay 2010-2011

Richard A. La Salle, Timberlane, $135,960

Nathan J. Greenberg, Londonderry, $131,325

Frank Bass, Pelham-Windham, $121,411

Brian J. Blake, Sanborn Regional, $120,750

Michael W. Delahanty, Salem, $120,500

Mary Ellen Hannon, Derry, $117,749

Thanksgiving to All, In the President's words.

President George Washington's 1789 Thanksgiving Proclamation. Reads as follows, and is followed by Abraham Lincoln's Thanksgiving Proclamation.

GEORGE WASHINGTON’S THANKSGIVING PROCLAMATION – 1789

“Whereas it is the duty of all nations to acknowledge the providence of Almighty God, to obey His will, to be grateful for His benefits, and humbly implore His protection and favor; and whereas both Houses of Congress have, by their joint committee, requested me to recommend to the people of the United States a day of Public Thanksgiving and Prayer, to be observed by acknowledging with grateful hearts the many signal favors of Almighty God, especially by affording them an opportunity peaceably to establish a form of government for their safety and happiness.

“Now therefore I do recommend and assign Thursday the twenty-six of November next, to be devoted by the people of these States to the service of that Great and Glorious Being, who is the Beneficent Author of all the good that was, that is, or that will be; that we may then all unite in rendering unto Him our sincere and humble thanks for His kind care and protection of the people of this country, previous to their becoming a nation; for the single manifold mercies, and the favorable interpositions of His providence, in the courage and conclusion of the late war; for the great degree of tranquility, union and plenty which we have since enjoyed; for the peaceable and rational manner in which we have been enabled to establish Constitutions of Government for our safety and happiness, and particularly the national one now instituted; for the civil and religious liberty with which we are blessed, and the means we have of acquiring and diffusing useful knowledge; and in general, for all the great and various favors which He has been pleased to confer upon us.

“And also, that we may then unite in most humbly offering our prayers and supplications to the Great Lord and Ruler of Nations, and beseech Him to pardon our national and other transgressions; to enable us all, whether
in public or private institutions, to perform our several and relative duties properly and punctually; to render our National Government a blessing to all the people, by constantly being a government of wise,
just, and constitutional laws, discretely and faithfully executed and obeyed; to protect and guide all sovereigns and nations (especially such as have shown kindness to us) and to bless them with good governments,
peace and concord; to promote the knowledge and practice of true religion and virtue, and the increase of science, among them and us; and generally, to grant unto all mankind such a degree of temporal prosperity an He alone knows to be best.”

______________________________________________________________

Proclamation of Thanksgiving by the President of the United States of America

The year that is drawing toward its close has been filled with the blessings of fruitful years and healthful skies. To these bounties, which are so constantly enjoyed that we are prone to forget the Source from which they come, others have been added which are of so extraordinary a nature that they can not fail to penetrate and soften even the heart which is habitually insensible to the ever-watchful providence of Almighty God.

In the midst of a civil war of unequaled magnitude and severity, which has sometimes seemed to foreign states to invite and to provoke their aggression, peace has been preserved with all nations, order has been maintained, the laws have been respected and obeyed, and harmony has prevailed everywhere, except in the theater of military conflict, while that theater has been greatly contracted by the advancing armies and navies of the Union.

Needful diversions of wealth and of strength from the field of peaceful industry to the national defense have not arrested the plow, the shuttle, or the ship; the ax has enlarged the borders of our settlements, and the mines, as well of iron and coal as of the precious metals, have yielded even more abundantly than theretofore. Population has steadily increased notwithstanding the waste that has been made in the camp, the siege, and the battlefield, and the country, rejoicing in the consciousness of augmented strength and vigor, is permitted to expect continuance of years with large increase of freedom.

No human counsel hath devised nor hath any mortal hand worked out these great things. They are the gracious gifts of the Most High God, who, while dealing with us in anger for our sins, hath nevertheless remembered mercy.

It has seemed to me fit and proper that they should be solemnly, reverently, and gratefully acknowledged, as with one heart and one voice, by the whole American people. I do therefore invite my fellow-citizens in every part of the United States, and also those who are at sea and those who are sojourning in foreign lands, to set apart and observe the last Thursday of November next as a day of thanksgiving and praise to our beneficent Father who dwelleth in the heavens. And I recommend to them that while offering up the ascriptions justly due to Him for such singular deliverances and blessings they do also, with humble penitence for our national perverseness and disobedience, commend to His tender care all those who have become widows, orphans, mourners, or sufferers in the lamentable civil strife in which we are unavoidably engaged, and fervently implore the interposition of the Almighty Hand to heal the wounds of the nation and to restore it, as soon as may be consistent with the Divine purposes, to the full enjoyment of peace, harmony, tranquility, and union.

In testimony wherof I have herunto set my hand and caused the seal of the United States to be affixed.

[Signed]

A. Lincoln

Most people forget the origin of Thanksgiving, and our children are usually taught in school that it's purpose was to give thanks to the indians that helped the pilgrims through that first winter. In truth it was our leaders giving thanks to God for our Nation. For Freedom, our Constitution, and the ability to live their lives without having to ask permission from an overriding government, or a tempermental King.