From the Eagle Tribune;
March 31, 2011
Atkinson couple loses another case
By Cara Hogan chogan@eagletribune.com The Eagle Tribune Thu Mar 31, 2011, 12:13 AM EDT
ATKINSON — Margaret and Daniel Osborn just can't seem to win.
Earlier this month, they lost a civil lawsuit brought by their neighbor, Carol Davis, costing them more than $25,000 in damages.
Just a few months ago, in December, the Osborns lost a related case brought by the town of Atkinson, which cost them $122,000. In total, recent court actions have cost the Osborns more than $147,000, plus legal fees.
In 2008, the town issued the Osborns a building permit for their home, but that came with a requirement to install a sprinkler system because the property was not accessible by fire trucks or other emergency vehicles.
Instead, the Osborns built a driveway connecting their property to Chase Island Road, hoping that would allow them to qualify for an occupancy permit.
But they cut down trees and built the driveway across land owned by Davis, who lives at 6 Chase Island Road.
"The respondents acted without right or authority when they entered upon Davis' land, cut trees and created a new driveway," Rockingham Superior Court Judge John Lewis wrote in the ruling in the case brought by Davis.
"Although the court finds that they did not do this with a malicious or hostile intent, they acted to use the property at issue for their own benefit, to deal in particular with access concerns raised by local authorities, and acted as well expressly in the face of Davis' opposition."
Lewis awarded Davis $25,436 in damages for emotional distress and for the cost of removing asphalt and replanting trees.
Attorney Michael Bedard represented Carol Davis and said the case should never have gotten this far.
"(The Osborns) were wrong all around," Bedard said. "It seems that it would have been a lot easier from the beginning to install the sprinkler system, get this occupancy permit and go on with their lives."
Bedard said the Osborns didn't have the right to build through Davis' property. He said they should have stopped when Davis first approached them and told them it was her land.
"Instead of going to an attorney and getting their advice, after Mrs. Davis had asked her to stop the clearing, they kept going," he said.
"It would have cost them no money. Instead, they went through a year, maybe more, of litigation. They could have saved a lot of money just being a little more prudent."
Bedard said the ruling also orders the Osborns to stop using the right of way immediately.
"That was my client's main concern," he said. "The new road was maybe 75 yards away from her house. She testified that she could see it from her window."
Atkinson Town Administrator Philip Smith said he had no comment on the case because it was a civil matter that did not involve the town.
Bernard Campbell represented the Osborns and also had no comment on the case. The Osborns can appeal the decision.
Atkinson Town Hall
The Norman Rockwellian picture of Atkinson
Thursday, March 31, 2011
Tuesday, March 29, 2011
Sapia right, Library Show us the Money!
From the Eagle Tribune;
March 29, 2011
Kimball Library donations a source of disagreement
By Cara Hogan chogan@eagletribune.com The Eagle Tribune Tue Mar 29, 2011, 12:13 AM EDT
ATKINSON — Construction on Kimball Library was completed almost three years ago, but funding for the project is still the source of conflict.
Voters approved a warrant article to spend $2.7 million to build the new library, which opened in 2008.
But there has been a heated debate over nearly $200,000 in donations to the library, which have already been spent. Selectmen recently held a public hearing, required to officially accept the funds. After some fiery exchanges, they opted to postpone their decision.
New Hampshire statutes require any donation over $5,000 to go before a public hearing before being accepted by the town.
"We must resolve what has been wrong in the process of funding the library and fix it," Selectman William Bennett said at the meeting March 21.
The hearing blossomed into an argument between library trustees and Jack Sapia, a former selectman.
Sapia accused trustees of using donations to obscure the real cost of the new library.
"The bulk of the donations are, in fact, cost overruns," he said. "Many of these items are construction items, which would put the total construction cost over the warrant amount. Almost two years after the completion of the library, why are we approving expenses now? It's putting the cart before the horse."
Trustees vice chairman Kay Galloway said the hearing before the Board of Selectmen was just a formality since she was authorized to accept these donations, according to RSA 202.
"We didn't need the selectmen's approval to spend the money. It is not our wish to reopen this," she said. "We would like to see this matter put to rest."
She said the trustees raised money for the Library Legacy Fund and specified that it would go toward helping to build the library and provide things as needed during the construction process.
Alan Phair, chairman of the library trustees, said in an interview after the meeting that he's frustrated selectmen have not accepted the donations.
"We've been going back and forth with the selectmen on this for years and they still have not taken any action," he said. "We documented everything as it related to the donations from the Friends of the Library. Every single transaction was accounted for."
The donations are only 0.07 percent of the total cost of the project. The Friends of the Kimball Library donated $160,585 to the new building, including: $13,000 for the removal of the old library, 17,000 for radiant heat ceiling panels, $47,800 for furniture and computer carrels, $14,400 for computers and three LCD TVs, and more.
Freshwater Farms donated $25,000 worth of landscaping items and work. Project architect Ron Lamarre donated $2,000 worth of shovels and hard hats, and there were other, smaller donations.
Lamarre said the donations were used to buy nicer things for the library, like TVs and higher quality furniture, that the town couldn't pay for.
"The furniture wasn't $47,000," he said. "We upgraded the furniture and paid the difference with the donations. We enhanced the heating system by adding those ceiling panels. The plan was still $2.7 million."
He said donations are still coming in — and should be accepted and used by the town.
"If anything had been done wrong, we would have heard about it," Lamarre said. "There's no smoking gun. The project has been audited by an independent auditor."
But Sapia insisted the donations should not have been spent. He said he was a selectman for part of the building process and the trustees repeatedly told selectmen the project was on budget and on time.
"The truth is, there was a game of bait and switch," he said. "The $13,000 for removal of the old library, wasn't that part of the project? If the money was donated, where did the money go that was part of the warrant? It should have been saved and reduced the overall cost of the project."
Selectman Fred Childs said Sapia had some good points.
"The removal of the old library and the furniture was part of the original plan and shouldn't be a donation," he said. "If you can show these weren't part of the original contract, great. But if these were a part of the original contract, why don't we have the money back? We need to investigate further."
March 29, 2011
Kimball Library donations a source of disagreement
By Cara Hogan chogan@eagletribune.com The Eagle Tribune Tue Mar 29, 2011, 12:13 AM EDT
ATKINSON — Construction on Kimball Library was completed almost three years ago, but funding for the project is still the source of conflict.
Voters approved a warrant article to spend $2.7 million to build the new library, which opened in 2008.
But there has been a heated debate over nearly $200,000 in donations to the library, which have already been spent. Selectmen recently held a public hearing, required to officially accept the funds. After some fiery exchanges, they opted to postpone their decision.
New Hampshire statutes require any donation over $5,000 to go before a public hearing before being accepted by the town.
"We must resolve what has been wrong in the process of funding the library and fix it," Selectman William Bennett said at the meeting March 21.
The hearing blossomed into an argument between library trustees and Jack Sapia, a former selectman.
Sapia accused trustees of using donations to obscure the real cost of the new library.
"The bulk of the donations are, in fact, cost overruns," he said. "Many of these items are construction items, which would put the total construction cost over the warrant amount. Almost two years after the completion of the library, why are we approving expenses now? It's putting the cart before the horse."
Trustees vice chairman Kay Galloway said the hearing before the Board of Selectmen was just a formality since she was authorized to accept these donations, according to RSA 202.
"We didn't need the selectmen's approval to spend the money. It is not our wish to reopen this," she said. "We would like to see this matter put to rest."
She said the trustees raised money for the Library Legacy Fund and specified that it would go toward helping to build the library and provide things as needed during the construction process.
Alan Phair, chairman of the library trustees, said in an interview after the meeting that he's frustrated selectmen have not accepted the donations.
"We've been going back and forth with the selectmen on this for years and they still have not taken any action," he said. "We documented everything as it related to the donations from the Friends of the Library. Every single transaction was accounted for."
The donations are only 0.07 percent of the total cost of the project. The Friends of the Kimball Library donated $160,585 to the new building, including: $13,000 for the removal of the old library, 17,000 for radiant heat ceiling panels, $47,800 for furniture and computer carrels, $14,400 for computers and three LCD TVs, and more.
Freshwater Farms donated $25,000 worth of landscaping items and work. Project architect Ron Lamarre donated $2,000 worth of shovels and hard hats, and there were other, smaller donations.
Lamarre said the donations were used to buy nicer things for the library, like TVs and higher quality furniture, that the town couldn't pay for.
"The furniture wasn't $47,000," he said. "We upgraded the furniture and paid the difference with the donations. We enhanced the heating system by adding those ceiling panels. The plan was still $2.7 million."
He said donations are still coming in — and should be accepted and used by the town.
"If anything had been done wrong, we would have heard about it," Lamarre said. "There's no smoking gun. The project has been audited by an independent auditor."
But Sapia insisted the donations should not have been spent. He said he was a selectman for part of the building process and the trustees repeatedly told selectmen the project was on budget and on time.
"The truth is, there was a game of bait and switch," he said. "The $13,000 for removal of the old library, wasn't that part of the project? If the money was donated, where did the money go that was part of the warrant? It should have been saved and reduced the overall cost of the project."
Selectman Fred Childs said Sapia had some good points.
"The removal of the old library and the furniture was part of the original plan and shouldn't be a donation," he said. "If you can show these weren't part of the original contract, great. But if these were a part of the original contract, why don't we have the money back? We need to investigate further."
Wednesday, March 23, 2011
Davis WINS! Court finds Osborn responsible
Yes, Rockingham Superior Court Judge, John Lewis, handed don his decision today. In the 13page Order, he States that the Osborns "have no property rights" to the Right of Way across Mrs. Davis land, as Maggie has so often claimed.
Judge Lewis further stated that the Osborn's trespassed upon Mrs. Davis' land, and diminished it's value with their "negligent excavating and cutting of trees". The Court also recognized Mrs. Davis' attempts to stop this effective theft of her land, by proscription, by asking Mrs. Osborn to stop, which Maggie not so kindly dismissed. The Court also stated that this WAS a claim for which enhanced damages, for the market value of the trees could be awarded, but he failed to do so, as Mrs. Osborn did not seem to have any idea of the exact number, type or size of trees removed, nor could Mrs. Davis Prove what existed before the Osborn's wanton destruction commenced.
Mrs. Davis has the right to do anything she wishes with the Osborns illegal driveway. The Court also enjoined the Osborns from using the driveway whether Mrs. Davis bars it or not. Continued use of this driveway on the part of the Osborns could result in trespassing charges.
This decision creates a dilemma for the town. Normally for the size lot, and location up on Valcat ln. a permit would only be issued to build a 1,400 sq.ft. home with a sprinkler system. The Osborns were granted a variance on the condition that they had direct access to Chase Island rd. to build a 2,600 sq.ft. house, with a sprinkler system. After obtaining that variance, by submitting plans to that effect, the Osborn's apparently had the Architectural firm of Silverlake Assoc. design a home of over 4,000 sq.ft. which NOW stands upon this site. This is acknowledged by the town, which states a 4,000 sq.ft. home on their tax card.
The Town has obtained an eviction Order for the Osborn's home due to their defiance in adhering to the building permit to which they agreed. The Osborn's are attempting to appeal the amount of the fine and attornies fees to the Supreme Court. Now the Town which has fined and Ordered Mr. Mason to tear down the overbuilt portion of his home, just around the corner from the Osborns, is now faced with a home that does NOT have a sprinkler system, and is overbuilt by 2,800 sq.ft.
Now that the Osborns no longer have access to the road that allowed them to overbuild, nor do they have a sprinkler system, to satisfy their building permit.
This leaves the town to decide if they Order Osborns to tear down the overbuilt portion of their home as they have done to Mr. Mason. or do they simply refuse to enforce zoning ordinances for anybody.
"Oh what tangled webs we weave, when first we set out to deceive"
Judge Lewis further stated that the Osborn's trespassed upon Mrs. Davis' land, and diminished it's value with their "negligent excavating and cutting of trees". The Court also recognized Mrs. Davis' attempts to stop this effective theft of her land, by proscription, by asking Mrs. Osborn to stop, which Maggie not so kindly dismissed. The Court also stated that this WAS a claim for which enhanced damages, for the market value of the trees could be awarded, but he failed to do so, as Mrs. Osborn did not seem to have any idea of the exact number, type or size of trees removed, nor could Mrs. Davis Prove what existed before the Osborn's wanton destruction commenced.
Mrs. Davis has the right to do anything she wishes with the Osborns illegal driveway. The Court also enjoined the Osborns from using the driveway whether Mrs. Davis bars it or not. Continued use of this driveway on the part of the Osborns could result in trespassing charges.
This decision creates a dilemma for the town. Normally for the size lot, and location up on Valcat ln. a permit would only be issued to build a 1,400 sq.ft. home with a sprinkler system. The Osborns were granted a variance on the condition that they had direct access to Chase Island rd. to build a 2,600 sq.ft. house, with a sprinkler system. After obtaining that variance, by submitting plans to that effect, the Osborn's apparently had the Architectural firm of Silverlake Assoc. design a home of over 4,000 sq.ft. which NOW stands upon this site. This is acknowledged by the town, which states a 4,000 sq.ft. home on their tax card.
The Town has obtained an eviction Order for the Osborn's home due to their defiance in adhering to the building permit to which they agreed. The Osborn's are attempting to appeal the amount of the fine and attornies fees to the Supreme Court. Now the Town which has fined and Ordered Mr. Mason to tear down the overbuilt portion of his home, just around the corner from the Osborns, is now faced with a home that does NOT have a sprinkler system, and is overbuilt by 2,800 sq.ft.
Now that the Osborns no longer have access to the road that allowed them to overbuild, nor do they have a sprinkler system, to satisfy their building permit.
This leaves the town to decide if they Order Osborns to tear down the overbuilt portion of their home as they have done to Mr. Mason. or do they simply refuse to enforce zoning ordinances for anybody.
"Oh what tangled webs we weave, when first we set out to deceive"
Wednesday, March 9, 2011
Atkinson Voting Results!
From the Eagle Tribune;
March 8, 2011
Atkinson Town Results, 2011
The Eagle Tribune Tue Mar 08, 2011, 11:39 PM EST
Article 1: Election of officers
Selectman: three-year term, elect one
* William Friel: 702
Road Agent: two-year term, elect one
* Edward Stewart: 680
Cemetery Trustee: three-year term, elect one
* Donald Murphy: 693
Conflict of Interest: three-year term, elect two
No candidates
Conflict of Interest: two-year term, elect one
No candidate
Trustee of the Trust Fund: three-year term, elect one
* Barbara Snicer: 666
Budget Committee: three-year term, elect two
* Harold Morse: 628
Library Trustee: three-year term, elect one
* Marnie Finn: 642
Supervisor of the Checklist: one-year term, elect one
* Leslie Barbera: 644
Article 2: Trucking restriction: Are you in favor of an amendment to the zoning ordinance to restrict trucking between 9 p.m. and 6 a.m. in all zones by adding subsection "nn" to the Permitted Use Chart.
* Yes: 550
No:255
Article 3: Operating Budget: $3,966,546. Should this article be defeated, the default budget shall be $3,953,181.
* Yes: 547
No: 268
Article 4: Shall the town vote to raise and appropriate the sum of $161,000 for the purchase of a parcel of land located at Map 13 Lot 40 on Academy Avenue, consisting of 0.83 acres, located in Town Center. The purchase price is the current town-assessed value of the parcel. Said sum to come from the unreserved fund balance. The purpose of this land is for open-air activities with all future construction to be limited to a gazebo or bandstand and restroom facilities until the year 2021. This is a Special Article in addition to Article 3, the Operating Budget.
Yes: 315
* No: 537
Article 5: Shall the town raise and appropriate the sum of $10,000 for repairs and improvements including the reinforcement of the floors at the Atkinson Community Center? This is a Special Article in addition to Article 2011-3, the Operating Budget.
* Yes: 648
No: 204
Article 6: Shall the town raise and appropriate the sum of $46,080 to replace the roof on the fire station? This is a Special Article in addition to Article 3.
* Yes: 508
No: 335
Article 7: Shall the town raise and appropriate the sum of $2,500 to remove an unused chimney that has failed structurally at the Police Station? This is a Special Article in addition to Article 3, the operating budget.
* Yes: 608
No: 240
Article 8: Shall the town raise and appropriate the sum of $60,000 to update the existing Fire Protection System at Town Hall and bring it into compliance? This is a Special Article in addition to Article 3, the operating budget.
Yes: 270
* No: 573
Article 9: Shall the town raise and appropriate the sum of $35,000 to purchase and install a stand-by, self-starting, propane electric generator, which will provide enough electricity to power Town Hall in an emergency situation, thus allowing the Town Hall to remain operational during a power outage? The installation of said generator will be under the supervision of the Board of Selectmen. This is a Special Article in addition to Article 3, the operating budget.
Yes: 225
* No: 622
Article 10: Shall the Town vote to replace the rear sidewalks at Town Hall, and to raise and appropriate the sum of $12,000 for this purpose? This is a Special Article in addition to Article 3, the operating budget.
Yes: 319
* No: 529
Article 11: Shall the Town vote to raise and appropriate the sum of $12,500 to irrigate Fields 1, 2, 3 and 4 at Woodlock Park, under the direction of the Board of Selectmen and the Road Agent? This is a Special Article in addition to Article 3, the operating budget.
Yes: 314
* No: 531
Article 12: Shall the Town raise and appropriate the sum of $10,000 to be added to the Recreation Capital Reserve Fund, created for the purpose of acquisition, design, renovation and development of recreation areas, to include, but not limited to, fields and playgrounds? This is a Special Article in addition to Article 3, the operating budget.
Yes: 271
* No: 575
Article 13: Shall the Town adopt the following amendment to the Atkinson Conflict of Interest Ordinance: Section VII, Paragraph A (2) Delete "... P.O. Box 224..." and replace it with "... P.O. Box 450 ..."?
* Yes: 666
No: 119
Article 14: Shall the Town deposit 100 percent of the revenue collected pursuant to RSA 79-A:7 [Land Use Change Tax (LUCT)] in the Conservation Fund in accordance with RSA 36-A:5 III, as authorized by RSA 79-A:25 II?
* Yes: 557
No: 230
Article 15: Shall the Town vote to raise and appropriate the sum of $40,000 from the Fire Department Capital Reserve Fund for the purchase of a new 2011 Command/Rescue Unit as part of the regular Fire Department equipment replacement program? The old vehicle will be disposed of in accordance with Article 2008-32. This article has no tax impact. This is a Special Article in addition to Article 3, the operating budget.
* Yes: 609
No: 249
Article 16: Shall the Town raise and appropriate the sum of $60,000 to be added to the Fire Department Capital Reserve Fund, previously established for the purpose of acquiring fire equipment and vehicles, as outlined in the Board of Engineers' Capital Improvement Plan? This Special Article is in addition to Article 3, the operating budget.
* Yes: 504
No: 349
Article 17: Shall we adopt the provisions of RSA 40:14-b to delegate the determination of the Default Budget to the Municipal Budget Committee which has been adopted under RSA 32:14?
* Yes: 512
No: 265
Article 18: Shall the Town raise and appropriate the sum of $132,100 to reconstruct 0.4 mile of Hovey Meadow Road? This Special Article is in addition to Article 3, the operating budget.
* Yes: 521
No: 329
Article 19: Shall the Town raise and appropriate the sum of $12,300 to shim and overlay 0.12 mile of Hoyt Circle? This Special Article is in addition to Article 3, the operating budget.
* Yes: 521
No: 330
Article 20: Shall the Town raise and appropriate the sum of $109,000, of which $85,000 is to reconstruct 0.25 mile of Merrill Drive, from Old Coach Road to Hovey Meadow Road, and $24,000 is to shim and overlay 0.3 mile of Merrill Drive from Hovey Meadow Road to Walker Road? This Special Article is in addition to Article 3, the operating budget.
* Yes: 516
No: 333
Article 21: Shall the Town raise and appropriate the sum of $15,000 to be added to the Winter Expendable Trust Fund, created in 2010 for the purpose of funding additional costs, in excess of the annual Operating Budget, for the plowing and removal of snow and winter weather management? This Special Article is in addition to Article 3, the operating budget.
Yes: 392
* No: 442
Article 22: Shall the Town vote to discontinue the Library Capital Reserve Fund, with the balance to lapse into the General Fund? (Balance as of 12/31/10: $50,069.52).
* Yes: 603
No: 198
Article 23: The cost to purchase, prepare the site and install a generator at the Library is approximately $50,000. It is proposed that half of the cost will come from the discontinued Library Capital Reserve Fund, which when it lapses into the General Fund is shown as "Undesignated Fund Balance." The second half will come from the Friends of the Library's Legacy Fund. hus there will be zero impact upon the 2011 Town Budget. The net amount to be raised and appropriated through taxes is zero dollars.
Shall the Town raise and appropriate the sum of $50,000 to purchase, prepare site, and install a 3 phase 80KW 120/208 volt Propane Generator with 800 amp 3 phase Nema 3R load shedding transfer switch to run the Kimball Library in the event of a power outage? Half the cost up to a maximum of $25,000 to come from the Undesignated Fund Balance with the remaining amount (up to $25,000) to come from a donation pledged by the Friends of the Kimball Library. The Construction of said Generator will fall under the supervision of the Board of Selectmen and the Library Trustees. This is a Special Article in addition to Article 03, the Operating Budget and has zero impact upon the tax rate.
Yes: 297
* No: 531
Article 24: Shall the Town vote to have all meetings of the Kimball Library Trustees televised by ACTV-20, and to raise and appropriate the sum of $1,000 to fund this directive? This Special Article is in addition to Article 3, the operating budget, but is intended to be incorporated in the Cable TV Operating Budget beginning in 2012.
* Yes: 445
No: 385
Article 25: Shall the Town raise and appropriate the sum of $46,470 to be added to the Mosquito Control Expendable Trust Fund, created in 2006? This Special Article is in addition to Article 3, the operating budget.
* Yes:636
No: 206
Article 26: Shall the Town raise and appropriate the sum of $23,500 to purchase a new police cruiser? One old vehicle will be disposed of in accordance with Article 2008-32. This Special Article is in addition to Article 2011-3, the Operating Budget.
* Yes: 501
No: 341
Article 27: Shall the Town vote to raise and appropriate the sum of $26,315 for the purpose of purchasing a new police cruiser for the Police Department, of which $22,315 to come from the Police Detail Revolving Fund, created under RSA 31:95-h in 2006 for this purpose, and $4,000 to come from the Atkinson Police Charitable Fund. Two vehicles will be disposed of in accordance with Article 32. There is no tax impact for this article. This Special Article is in addition to Article 3 the Operating Budget.
* Yes: 536
No: 306
Article 28: Shall the Town accept Ashford Drive as a Town Road?
* Yes: 580
No: 236
Article 29: Shall the Town accept Brittany Lane as a Town Road?
* Yes: 577
No: 241
Article 30: Shall the Town accept Blackford Drive as a Town Road?
* Yes: 580
No: 245
Article 31: Shall the Town delegate the responsibility of accepting town roads which have been approved by the Planning Board and the Town Engineer, to the Board of Selectmen, per RSA 674:40 a?
Yes: 526
No: 293
Article 32: Shall the Town vote to change the purpose of the existing Cable TV Capital Reserve Fund created in 1993, Article 40, "... to develop and equip a facility for Atkinson Community Television ..." to include Information Technology (IT) services, and rename the fund ACTV and IT Communications Capital Reserve Fund? The fund would be used to purchase equipment and software, support all aspects of ACTV and IT needs, as well as future technology changes not explicitly listed herein. Two-third's vote required for passage.
* Yes: 521
No: 287
Article 33: Shall the Town vote to create an additional part-time Clerical Position for Town Hall, and to raise and appropriate the sum of $9,200 to fund this position? This Article is in addition to Article 3, the operating budget, for a period not to exceed 12/31/11 and thereafter to be at the discretion of the Board of Selectmen.
Yes: 146
* No: 598
Article 34: To see if the town will vote to establish a Recreation Commission under the provisions of RSA 35-B, consisting of five members: Two persons for three years, Two persons for two years, and one person for one year. Their successors shall be appointed for three year terms. Current members of the "Recreation Commission," that is currently in place, shall serve out their current terms.
* Yes: 505
No: 325
March 8, 2011
Atkinson Town Results, 2011
The Eagle Tribune Tue Mar 08, 2011, 11:39 PM EST
Article 1: Election of officers
Selectman: three-year term, elect one
* William Friel: 702
Road Agent: two-year term, elect one
* Edward Stewart: 680
Cemetery Trustee: three-year term, elect one
* Donald Murphy: 693
Conflict of Interest: three-year term, elect two
No candidates
Conflict of Interest: two-year term, elect one
No candidate
Trustee of the Trust Fund: three-year term, elect one
* Barbara Snicer: 666
Budget Committee: three-year term, elect two
* Harold Morse: 628
Library Trustee: three-year term, elect one
* Marnie Finn: 642
Supervisor of the Checklist: one-year term, elect one
* Leslie Barbera: 644
Article 2: Trucking restriction: Are you in favor of an amendment to the zoning ordinance to restrict trucking between 9 p.m. and 6 a.m. in all zones by adding subsection "nn" to the Permitted Use Chart.
* Yes: 550
No:255
Article 3: Operating Budget: $3,966,546. Should this article be defeated, the default budget shall be $3,953,181.
* Yes: 547
No: 268
Article 4: Shall the town vote to raise and appropriate the sum of $161,000 for the purchase of a parcel of land located at Map 13 Lot 40 on Academy Avenue, consisting of 0.83 acres, located in Town Center. The purchase price is the current town-assessed value of the parcel. Said sum to come from the unreserved fund balance. The purpose of this land is for open-air activities with all future construction to be limited to a gazebo or bandstand and restroom facilities until the year 2021. This is a Special Article in addition to Article 3, the Operating Budget.
Yes: 315
* No: 537
Article 5: Shall the town raise and appropriate the sum of $10,000 for repairs and improvements including the reinforcement of the floors at the Atkinson Community Center? This is a Special Article in addition to Article 2011-3, the Operating Budget.
* Yes: 648
No: 204
Article 6: Shall the town raise and appropriate the sum of $46,080 to replace the roof on the fire station? This is a Special Article in addition to Article 3.
* Yes: 508
No: 335
Article 7: Shall the town raise and appropriate the sum of $2,500 to remove an unused chimney that has failed structurally at the Police Station? This is a Special Article in addition to Article 3, the operating budget.
* Yes: 608
No: 240
Article 8: Shall the town raise and appropriate the sum of $60,000 to update the existing Fire Protection System at Town Hall and bring it into compliance? This is a Special Article in addition to Article 3, the operating budget.
Yes: 270
* No: 573
Article 9: Shall the town raise and appropriate the sum of $35,000 to purchase and install a stand-by, self-starting, propane electric generator, which will provide enough electricity to power Town Hall in an emergency situation, thus allowing the Town Hall to remain operational during a power outage? The installation of said generator will be under the supervision of the Board of Selectmen. This is a Special Article in addition to Article 3, the operating budget.
Yes: 225
* No: 622
Article 10: Shall the Town vote to replace the rear sidewalks at Town Hall, and to raise and appropriate the sum of $12,000 for this purpose? This is a Special Article in addition to Article 3, the operating budget.
Yes: 319
* No: 529
Article 11: Shall the Town vote to raise and appropriate the sum of $12,500 to irrigate Fields 1, 2, 3 and 4 at Woodlock Park, under the direction of the Board of Selectmen and the Road Agent? This is a Special Article in addition to Article 3, the operating budget.
Yes: 314
* No: 531
Article 12: Shall the Town raise and appropriate the sum of $10,000 to be added to the Recreation Capital Reserve Fund, created for the purpose of acquisition, design, renovation and development of recreation areas, to include, but not limited to, fields and playgrounds? This is a Special Article in addition to Article 3, the operating budget.
Yes: 271
* No: 575
Article 13: Shall the Town adopt the following amendment to the Atkinson Conflict of Interest Ordinance: Section VII, Paragraph A (2) Delete "... P.O. Box 224..." and replace it with "... P.O. Box 450 ..."?
* Yes: 666
No: 119
Article 14: Shall the Town deposit 100 percent of the revenue collected pursuant to RSA 79-A:7 [Land Use Change Tax (LUCT)] in the Conservation Fund in accordance with RSA 36-A:5 III, as authorized by RSA 79-A:25 II?
* Yes: 557
No: 230
Article 15: Shall the Town vote to raise and appropriate the sum of $40,000 from the Fire Department Capital Reserve Fund for the purchase of a new 2011 Command/Rescue Unit as part of the regular Fire Department equipment replacement program? The old vehicle will be disposed of in accordance with Article 2008-32. This article has no tax impact. This is a Special Article in addition to Article 3, the operating budget.
* Yes: 609
No: 249
Article 16: Shall the Town raise and appropriate the sum of $60,000 to be added to the Fire Department Capital Reserve Fund, previously established for the purpose of acquiring fire equipment and vehicles, as outlined in the Board of Engineers' Capital Improvement Plan? This Special Article is in addition to Article 3, the operating budget.
* Yes: 504
No: 349
Article 17: Shall we adopt the provisions of RSA 40:14-b to delegate the determination of the Default Budget to the Municipal Budget Committee which has been adopted under RSA 32:14?
* Yes: 512
No: 265
Article 18: Shall the Town raise and appropriate the sum of $132,100 to reconstruct 0.4 mile of Hovey Meadow Road? This Special Article is in addition to Article 3, the operating budget.
* Yes: 521
No: 329
Article 19: Shall the Town raise and appropriate the sum of $12,300 to shim and overlay 0.12 mile of Hoyt Circle? This Special Article is in addition to Article 3, the operating budget.
* Yes: 521
No: 330
Article 20: Shall the Town raise and appropriate the sum of $109,000, of which $85,000 is to reconstruct 0.25 mile of Merrill Drive, from Old Coach Road to Hovey Meadow Road, and $24,000 is to shim and overlay 0.3 mile of Merrill Drive from Hovey Meadow Road to Walker Road? This Special Article is in addition to Article 3, the operating budget.
* Yes: 516
No: 333
Article 21: Shall the Town raise and appropriate the sum of $15,000 to be added to the Winter Expendable Trust Fund, created in 2010 for the purpose of funding additional costs, in excess of the annual Operating Budget, for the plowing and removal of snow and winter weather management? This Special Article is in addition to Article 3, the operating budget.
Yes: 392
* No: 442
Article 22: Shall the Town vote to discontinue the Library Capital Reserve Fund, with the balance to lapse into the General Fund? (Balance as of 12/31/10: $50,069.52).
* Yes: 603
No: 198
Article 23: The cost to purchase, prepare the site and install a generator at the Library is approximately $50,000. It is proposed that half of the cost will come from the discontinued Library Capital Reserve Fund, which when it lapses into the General Fund is shown as "Undesignated Fund Balance." The second half will come from the Friends of the Library's Legacy Fund. hus there will be zero impact upon the 2011 Town Budget. The net amount to be raised and appropriated through taxes is zero dollars.
Shall the Town raise and appropriate the sum of $50,000 to purchase, prepare site, and install a 3 phase 80KW 120/208 volt Propane Generator with 800 amp 3 phase Nema 3R load shedding transfer switch to run the Kimball Library in the event of a power outage? Half the cost up to a maximum of $25,000 to come from the Undesignated Fund Balance with the remaining amount (up to $25,000) to come from a donation pledged by the Friends of the Kimball Library. The Construction of said Generator will fall under the supervision of the Board of Selectmen and the Library Trustees. This is a Special Article in addition to Article 03, the Operating Budget and has zero impact upon the tax rate.
Yes: 297
* No: 531
Article 24: Shall the Town vote to have all meetings of the Kimball Library Trustees televised by ACTV-20, and to raise and appropriate the sum of $1,000 to fund this directive? This Special Article is in addition to Article 3, the operating budget, but is intended to be incorporated in the Cable TV Operating Budget beginning in 2012.
* Yes: 445
No: 385
Article 25: Shall the Town raise and appropriate the sum of $46,470 to be added to the Mosquito Control Expendable Trust Fund, created in 2006? This Special Article is in addition to Article 3, the operating budget.
* Yes:636
No: 206
Article 26: Shall the Town raise and appropriate the sum of $23,500 to purchase a new police cruiser? One old vehicle will be disposed of in accordance with Article 2008-32. This Special Article is in addition to Article 2011-3, the Operating Budget.
* Yes: 501
No: 341
Article 27: Shall the Town vote to raise and appropriate the sum of $26,315 for the purpose of purchasing a new police cruiser for the Police Department, of which $22,315 to come from the Police Detail Revolving Fund, created under RSA 31:95-h in 2006 for this purpose, and $4,000 to come from the Atkinson Police Charitable Fund. Two vehicles will be disposed of in accordance with Article 32. There is no tax impact for this article. This Special Article is in addition to Article 3 the Operating Budget.
* Yes: 536
No: 306
Article 28: Shall the Town accept Ashford Drive as a Town Road?
* Yes: 580
No: 236
Article 29: Shall the Town accept Brittany Lane as a Town Road?
* Yes: 577
No: 241
Article 30: Shall the Town accept Blackford Drive as a Town Road?
* Yes: 580
No: 245
Article 31: Shall the Town delegate the responsibility of accepting town roads which have been approved by the Planning Board and the Town Engineer, to the Board of Selectmen, per RSA 674:40 a?
Yes: 526
No: 293
Article 32: Shall the Town vote to change the purpose of the existing Cable TV Capital Reserve Fund created in 1993, Article 40, "... to develop and equip a facility for Atkinson Community Television ..." to include Information Technology (IT) services, and rename the fund ACTV and IT Communications Capital Reserve Fund? The fund would be used to purchase equipment and software, support all aspects of ACTV and IT needs, as well as future technology changes not explicitly listed herein. Two-third's vote required for passage.
* Yes: 521
No: 287
Article 33: Shall the Town vote to create an additional part-time Clerical Position for Town Hall, and to raise and appropriate the sum of $9,200 to fund this position? This Article is in addition to Article 3, the operating budget, for a period not to exceed 12/31/11 and thereafter to be at the discretion of the Board of Selectmen.
Yes: 146
* No: 598
Article 34: To see if the town will vote to establish a Recreation Commission under the provisions of RSA 35-B, consisting of five members: Two persons for three years, Two persons for two years, and one person for one year. Their successors shall be appointed for three year terms. Current members of the "Recreation Commission," that is currently in place, shall serve out their current terms.
* Yes: 505
No: 325
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