Atkinson Town Hall
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Wednesday, June 6, 2012
More Atkinson Accounting Abuses
ARTICLE SUBMISSION:
From the Eagle Tribune;
Anonymous said...
June 6, 2012
Atkinson audit shows need to separate funds
By Cara Hogan
chogan@eagletribune.com The Eagle Tribune Wed Jun 06, 2012, 01:50 AM EDT
ATKINSON — An audit of the town's books turned up a problem in the financial reporting of two different nonprofit funds.
The town's yearly audit report, conducted by Tim Greene, partner at accounting firm Roberts and Greene, came out this week.
Greene said the audit found the Police Detail Fund and Recreation Revolving Fund were not separated correctly in the town's financial reports.
"It has to do with internal reporting," he said. "They report both in one fund. I'm recommending that they track the funds separately. It's two separate activities, so you want to keep them separate."
He said the finances of the two funds are not mixed up, but it's an internal issue that needs to be fixed so there is no mix-up in the future.
Selectmen's Chairman Fred Childs said the board plans to fix the issue.
"We'll change it; it's very simple," he said. "That will be done right away."
This is not the first time Atkinson has had an issue with two different town funds being connected in some way. The state Attorney General's Charitable Trust Unit investigated the joint accounting between the Elderly Affairs Department and the Police Department in 2008. The state ruled the two groups had to separate their funding because of a conflict of interest.
Childs said the past issues make the board eager to alter the finances of the two funds now.
"This is sort of similar to the Elderly Affairs and the Police Department," Childs said. "It's two different accounts, so they can be looked at separately."
Police Chief Philip Consentino said he was concerned to hear there was any confusion in that fund, but glad to hear it will be quickly resolved.
"It's classified under one fund, where there could be 10 or 12 individual funds," he said. "They want the police department separate from everything, which is absolutely fantastic. It will be rectified and nothing has gone astray. My money is safe."
The Police Detail Fund is money that comes from every officer who works an outside detail job, he said.
"Every time an officer goes out on detail, X number of dollars from each hourly wage goes to the special fund," Consentino said. "So ,whenever a cruiser is used, $10 goes into the account. That special account can only be used for capital expenses for the police department. It has nothing to do with recreation."
Otherwise, the town had no financial problems, according to Greene.
"We had no other significant comments," he said.
NOTE TO PHIL: IT IS NOT YOUR MONEY! IT IS THE TAXPAYERS, YOU ARROGANT.........
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585 comments:
«Oldest ‹Older 401 – 585 of 585To 11:16 - I disagree with you. I know many people who are disatisfied with the way the Town is being run, many or most. For you to say it is only a small group is preposterous and merely your opinion. The town closes rank on it's residents and services only those it approves of and only those who support their thinking. To say that people are required to run for political office is ignorant. ALL residents count, those who service and those who do not. So stop thei the holier than thou attitude and stop being so biased. ALL PEOPLE COUNT.
So on Wednesday August 15, 2012 you saw an Atkinson Police vehicle at a Haverhill motel? What time did this happen? The black SUV was seen on Monday evening about 645 PM speeding down 121 in Haverhill at Rte 125. What is going on and why are the police out of town?
May be it is a drug informant that needed to be hid some where in the hotel! Hells bells !!! Wouldn't that be a change after all that has happened in town especially after the Conman avoided doing any thing about the known drug activity in well known neighborhood. I can't image why that came to be because he is sworn to do his duty as head of the APD. Time to go Conman!!
If you know of someone who has too many pets in an unsanitary environment, and the animals aren't receiving proper nutrition or medical attention, you may be witnessing a case of animal hoarding. It might be easy in these situations to blame the hoarder and assume his or her actions are intentional, but according to the American Society for the Prevention of Cruelty to Animals (ASPCA), animal hoarders generally believe they're helping the creatures in their care
Updated in the Town vs. Osborn case can be viewed at
http://www.courts.state.nh.us/supreme/opinions/2012/2012081atkinson.pdf
Essentially what does it say? If you can take the time to say "go to" then tell us the now up to date story.
Read it yourself, I am not going to paraphrase for you if you are too lazy.
What's up with the fireworks at 3:00 in the morning and the motorcycles racing up and down Main St.? My children were crying from all the noise last night. Where are the Police?
Anyone know where the Morelli Farm is/was located?
http://ftp.resource.org/courts.gov/c/F2/207/207.F2d.565.4748_1.html
8:02 am, I can do that but you seem to forget that there are many here who just wont do that . I asked that you do it so that it would be on the site for all to see and comprehend. That isn't asking to much of you is it? If it is then why bring it up . Your the one who brought the subject up is it not? I'm sure you can post it by your expertise of the having read it on your computer. Thank you for letting us know that there is an update with or with out your help for all to see here on this site.
To cure or remedy a problem then you should be able to put it on this site for all to see. That is if your one of the people on site that are in favor of true justice and want to see the justices here known to all who read here.
If you want something posted, you do it. Why are you always looking for other people to do your bidding?
I want to address comments made by August 17, 2012 11:16 AM
In this town, the officials lie to us, pretend there's no crime, pretent there's no conspiracy, pretend everyone else is on their side. Well few are on your side anymore yet we are stuck with you and can't vote you out, no one voted you in. You make it impossible for residents to know what's going on here because when questions are asked, we get lied to. Strong words? Yes but accurate. I saw a crime committed and told the police and they swept it under the rug, said to others, nothing happened. Fact is, there was more than one of us that saw and now all 8 of us know that you are lying to the public.
Please tell we who did not see the crime what it was and when it took place. Instead of 8 people knowing about it let the whole of the Atkinson Reporter 2 site readers know it . May be ,just may be, the BOS will then act as it should to correct the situation.
That would expose me to problems with the police as others have experienced and have talked about. We know they don't publish the logs and they hide the crime. Now I know for sure myself and just wanted to share with others the truth.
Either you're full of it or your afraid of the Conman and you don't have to be. The anonymous posting you already made is just that - ANONYMOUS. He and or any one else would be crazy to try to find out who you are. If after posting any thing and your bothered by him or them then you have the right of inquiry of the internet site[s] to expose and sue the person[s] that expose you or any one else that write any thing as being anonymous. They wouldn't take the chance of doing that when the internet postings are for all the lengths of time to the end of time. Your either bluffing with what you have written or are a blow heart making trouble here. We all deserve to see what is true if there be truth to the not followed up crime you and the "8" have said you've all seen. Share it or go away is what you should be doing.
If I give details, I will be exposed. As far as suing anon internet people, it cost money to sue. Not bluffin here, take people for what they say for a change, why don't you? You always criticize everything that is said, not said or not said how want it to be said.
Mr. Akin and Mr. Ryan each have voted in this Congress for 10 abortion-restricting measures as well as those that limited other family planning services.
Atkinson Police Log
Sunday, Aug. 12
Arrests: Charles Dagas, 20, 6 Dana Drive, Groveland, charged with unlawful possession of an alcoholic beverage; Jason Gore, 18, 184 School St., Groveland, charged with facilitating an underage drinking party, 1:35 a.m.
Monday, Aug. 13
Theft by unauthorized taking: Heald Bailey Drive, 4:30 p.m.
Tuesday, Aug. 14
Criminal mischief: Route 111, 12:02 a.m.
Criminal mischief: Summit Drive, 7:12 a.m.
Criminal trespassing: Industrial Way, 5:36 p.m.
Thursday, Aug. 16
Summons: Matthew Willinsky, 30, 998 Main St., Lynnfield, charged with speeding, having a suspended license, 10:15 p.m.
Sunday, Aug. 19
Criminal trespassing: Coventry Lane, 2:01 p.m.
This is an improvement.
Anyone hear how Baldwin's mortgage is lately?
Please consider posting the article I posted to danvilledelivery to this forum.
http://danvilledelivery.wordpress.com/2012/08/22/standard-of-excellence/
The school board is getting ready to choose among three unqualified candidates to replace Superintendent SINI without considering the one excellent leader in the district -- Tony Dibartolomeo. If you agree with my points -- or at least agree they are worthy of consideration, please post the article here.
For readers of this blog, if you agree with me that Mr. D would restore excellence to the district, please email or call your school board rep.
thanks...len!
Mr. Akin and Mr. Ryan each have voted in this Congress for 10 abortion-restricting measures as well as those that limited other family planning services.
Personally I feel my tax dollars should not fund plan parenthood.
It's cheaper to prevent pregnancy than to raise a child.
it's cheaper to euthanize the handicapped, elderly, and unattractive than to subsidize their defects. have i covered your defect? the only defects aborted babies have are their parent[s].
I did not say abort, I said prevent. I'd say that you have a defect based on your suggestions on how to save money.
the post you responded to was not talking about prevention.
Women will seek abortions whether they are legal or not. It always has been and always will be. Making it legal made if safe. Outlaw it and women will die. And don't say they deserve it. That is hardly a Pro-life position.
Of course, one excellent way to prevent abortions is to prevent pregnancies. The primary function of Planned Parenthood is to provide prevention help, AND, other health services to poor women, like Mammograms and Pap Smears. Wouldn't you agree that helping prevent cancer is a savings to society? Abortion is only a minor function of PP and funded privately.
Obamacare will help make birth control available birth control to many more women. If you are against abortions and against birth control, be prepared to help raise the child.
Who brought up abortion? Is Phil Consentino pregnant? Is the Atkinson blog's pet cat, Meow, with kittens? I think there must be another blog where this discussion is more appropriate.
Obamacare is going to take what little wealth we have left and send us all to an early grave!
JMhO
JMhO
Why don't you spend a little time and learn what Obamacare really is and not blindly following the GOP's lies about it.
Where do you think the poor get their healthcare? A private doctor. Hardly. They go to the ER. And, of course, they can't pay so who then pays? Us because the hospitals need to charge more to make up for the losses.
One might think that if everyone had insurance, and insurance companies competing to get those new customers, that maybe our health care costs and taxes might go down. Also, before Obamacare, hundreds of thousand were one serious illness or accident away from bankruptcy because insurance companies could decide to cap coverage. Do you think that is right? Remember, Romney was for it before he was against it.
Moderator, it's the political season. Time to create a sister blog where folks can discuss issues that are not directly related to the corruption in Atkinson.
Thanks
Why bother. Everything in this blog is nonsense. At least a political discussion will add some meaning.
Remember when this blog had an impact. Roadway signs pointing to it being removed. That was lost when it changed hands.
I come here every few months to see if anything has changed. All I see is the same crap. Face it people, this blog now has absolutely no influence on town actions or officials and absolutely no credibility.
Moderator(s) - Put a fork in it.
Obamacare will bankrupt this country..Just what his agenda is all about. I hope he and his agendas will get kicked to the curb.
I have to agree with 8/24 @ 8:50 . The title of the site says it all , Atkinson Reporter 2. The site has lost its goals of writing about and complaining of the wrongs in town and what should be done about them. Since when is this site the national news and where is the huge problem of abortion issues in town? The only time there was any national news ,deservedly so, on this site was when the chief made the Halloween fiasco national news. Its time to devote the site to removing the corruption from Atkinson and not the countries problems . The town can't seem to solve its own problems and certainly can't solve the countries issues within its own borders.
Vote that fraud, Obama, out of office.
What about voting out the fraud here in town? There doesn't seem to be any effort to do that at the towns ballot box year after year.
What's new pussycat whoaa whoa whoaaa
Meow
Cats aren't causing the fraud in town. Its nuts like you that are the problem that allows the thieves to commit the fraud by posting your stupid remarks . Get a life and do things that are constructive and tax saving instead of making "A.H" comments about animals . You act as one so I will make an exception if you have the need for preparation h for your body openings.
hey jordan shallow aren't you geting enough attention from your own cat
That takes care of Shallow if he is the one writing about the cats. If not then it narrows it down alot to the "nut" that is a waste of time and the air we breathe. What a waste .........
ok maybe its not him then...I know its the chief. Dont you have anything better to do than blog about stupid cats. Maybe its my old "flame" Baldwin. List the flame went out...leave me alone will you. I dont have anything for you anymore. ;)
The last commentary doesn't make any real sense to me. Who the hell is this blogger talking about if it isn't Shallow ,if there is a Shallow that has a cat? They did say they were an old "flame" of Baldwin and I have no idea what that is about either. List isn't the right word to say or indicate lest or least if that is what the screwball was trying to say. If you "dont have any thing for you any more" are you saying that to a person or are you saying that to leave the site,that is hopefully you're leaving the site!
sounds like the blogger is a secrect admirer of former APD Baldwin!!!! Who could it be???
You think you know but you have no idea!!!
Both of you haven't answered the question posted by 7:21. You do have a way of avoiding any question for every one to see the/your answer and further confuse what has been said on the site. I would expect an answer unless your the chief.
Anyone see the guy with the gun filming the meeting last night?
Was he qualified to carry the gun?
Carrying guns in a public meeting is against the law.
The only time to carry a firearm to a public meeting is when one is on official duty . To make it clear to us who is the carrier of the firearm?
To August 28, 2012 1:01 PM:
It was the camera guy.
I think its Baldwin that is writing the cat comments about me, he is and has been jealous of my relationships with my cats!!
I rather doubt it is Baldwin. The cat comments happen at times he would be working and at times after that. If he were using a Town of Plaistow computer then he is in deep dodo. If it is his own computer being used during work time then he is in deep dodo as well. If he sees this blog then he might comment on his being the alleged cat subject writer . To say he is the cat commenter with out proof is wrong and your going to go into court for it if your found out . My suggestion is for the nut case to stop the cat stuff and let us get on with the original intent of the site
He's some wierdo that's for sure.
ATKINSON — Concerns surrounding a cancer-causing compound in local wells continue, but a state response to the issue is expected soon.
Within the month, the Environmental Protection Agency is expected to determine how it will handle around 34 homes with well water contaminated with 1,4 Dioxane, according to Town Administrator Bill Innes.
Dixoane is a manmade cancer-causing compound the state began to require testing for beginning in 2011, according to John Regan, Department of Environmental Services supervisor for Waste Management.
The contamination was accidentally discovered near the end of
last year, after well water containing Dioxane was being tested for other impurities.
Since then, testing has expanded “like a target with a bull’s-eye on it” to cover around 75 homes, 34 of which have wells that contain some level of the carcinogen, Innes said.
All of the homes fall within a “plume” centered around Emery and Belknap Drives, two residential streets southwest of the intersection of Routes 111 and 121, he said.
There are a number of options for how the EPA could respond, including piping clean water into the affected neighborhoods.
“They’re deciding on which option is the best option and whether or not the EPA can fund it for us,” Innes said. “There is no way to clean the chemical out of the wells.”
The DES is currently supplying bottled water to around 15 households with well water containing 3 micrograms of Dioxane per liter of water or higher, Innes said.
The other properties testing positive for Dioxane are showing some level of the compound below that level, he said.
“What the DES is looking for is the size of the plume and, if it’s moving, the direction it’s moving,” Innes said. “So far, it doesn’t appear to be moving. They’ll continue to test over time, but right now we think it’s stable.”
The state also is investigating what may have caused the plume in the first place.
One possible source of the contamination could have been a release of a chlorinated solvent in 1989 from a nearby company that manufactured rolled aluminum, according to DES groundwater expert Stephen Roy.
Innes believes the contamination could be from an oil or gasoline spill that happened in that area several years ago. But the compound also is typically found in shampoos and detergents.
“It could have happened in a number of ways,” Innes said. “Someone could have dumped something. There could have been a chemical spill in a garage.”
Once the EPA’s decision on how it will respond comes down, the town will hold a hearing at the Atkinson Community Center to inform those affected by Dioxane on what the next steps are.
“The goal right now is to find a permanent solution, and that’s what the
EPA, DES and Atkinson local government is working on,” Innes said.
ATKINSON — Concerns surrounding a cancer-causing compound in local wells continue, but a state response to the issue is expected soon.
Within the month, the Environmental Protection Agency is expected to determine how it will handle around 34 homes with well water contaminated with 1,4 Dioxane, according to Town Administrator Bill Innes.
Dixoane is a manmade cancer-causing compound the state began to require testing for beginning in 2011, according to John Regan, Department of Environmental Services supervisor for Waste Management.
The contamination was accidentally discovered near the end of
last year, after well water containing Dioxane was being tested for other impurities.
Since then, testing has expanded “like a target with a bull’s-eye on it” to cover around 75 homes, 34 of which have wells that contain some level of the carcinogen, Innes said.
All of the homes fall within a “plume” centered around Emery and Belknap Drives, two residential streets southwest of the intersection of Routes 111 and 121, he said.
There are a number of options for how the EPA could respond, including piping clean water into the affected neighborhoods.
“They’re deciding on which option is the best option and whether or not the EPA can fund it for us,” Innes said. “There is no way to clean the chemical out of the wells.”
The DES is currently supplying bottled water to around 15 households with well water containing 3 micrograms of Dioxane per liter of water or higher, Innes said.
The other properties testing positive for Dioxane are showing some level of the compound below that level, he said.
“What the DES is looking for is the size of the plume and, if it’s moving, the direction it’s moving,” Innes said. “So far, it doesn’t appear to be moving. They’ll continue to test over time, but right now we think it’s stable.”
The state also is investigating what may have caused the plume in the first place.
One possible source of the contamination could have been a release of a chlorinated solvent in 1989 from a nearby company that manufactured rolled aluminum, according to DES groundwater expert Stephen Roy.
Innes believes the contamination could be from an oil or gasoline spill that happened in that area several years ago. But the compound also is typically found in shampoos and detergents.
“It could have happened in a number of ways,” Innes said. “Someone could have dumped something. There could have been a chemical spill in a garage.”
Once the EPA’s decision on how it will respond comes down, the town will hold a hearing at the Atkinson Community Center to inform those affected by Dioxane on what the next steps are.
“The goal right now is to find a permanent solution, and that’s what the
EPA, DES and Atkinson local government is working on,” Innes said.
Does anyone know if HAWC has wells in that area?
May be the cat nut will drink the water and get as sick as he really is. Not that I wish him a case of cancer but he does try to spread his "cat cancer" blah blahs around . Although it isn't a good subject or thing for some residents it is good to see commentary on this situation of common concern here as this site was intended for a change.
I don't wish cancer on anyone but I do wish the cat man would just go away, he's obnoxious.
Its tough to see any person with mental problems. It is shame full that those close to this nut case aren't trying to get him/her the help they need. A bag full of pills aren't the answer for this person. A so called rest in a mental institution is needed before he/she hurts or kills some one or more people. Obsessive behaviors, which this person has,leads to further mental breakdowns . Every one knows this with all that has happened lately in the news nationally.
Probably he's on something.
Obsessed people are dangerous and it takes alot of energy to be obsessed. He is obsessed by hatred and he is fixated on cats and his imaginary cat woman. Go see a shrink.
For unknown reasons, pet hoarders tend to be women-- hence the fact that our Crazy Cat Lady is a "lady". It's not always easy to spot an actual Crazy Cat Lady, since many self-identified lunatics are simply eccentric, loving women who care passionately about their pets, and fireworks.
If you suspect that a neighbor is a pet hoarder, contact your local animal control center or humane society as soon as possible.
Why is it that certain candidates related to the chief are soliciting votes from the elderly? She came into my neighborhood and knocked on every elderly door and not the non elderly. Seems a little fishy to me.
10:00 pm, You did comment on "crazy cat ladies" but not on men. You left out the fireworks comments explanation. Who does one complain to about the all year fireworks explosions when the APD fail to respond to them. Reading through and between the lines of your comment above leads me to believe your the "nut case" trying to cover up your wackie self made remarks from their beginnings. Get lost!
Funny that the real loonies are at home with no friends and nowhere to go and their 'prey' are off having a wonderful time this weekend. Get a life and go live it elsewhere. The guy has nothing to do on a Saturday night but attack others. What a jerk.
Yeah what about cat men who sit up all night and harass others by being obnoxius? odwdy
Cat Hoarders often have major dysfunction in work, social and daily activities, reduced awareness of surroundings, and impaired ability to form close relationships with people. Watch out for them!!
What town official do you mean?
At the risk of asking has there been any more news about the layover placement?
What I really meant was rumors of the placement of the engine layover place.I'm sure it would have been in the papers if it weren't to be a rumor.
Speaking of rumors is the Animal Control really zoning in on the "cat lady" thats inhumane!
Why isn't the Blog doing something useful like listing the local and state candidates' positions on the issues, so that the voters can make informed decisions? It would be of more value/interest than the usual drivel.
The problem is that Atkinson is a very heavy town of republicans . To say the readers should or have to be informed is ,in my opinion only, the drivel you talk about. You can't really think your going to sway a few democrats that are in town and if you do the amount of them is so insignificant that their vote will be little and of no affect or effect for you to bother with. Why not get on the stick to remove the corrupt in town and make the town a better place to live in? It is a waste of time to bring national politics to this site when the site can not solve the towns problems that are really of concern to its readers.
Animal hoarding in adulthood often begins after triggering events such as a loss of a stabilizing relationship, economic hardship, major health issues or other trauma. Often it results from a complex interaction of disordered attachment, addictive behavior patterns, compulsive caregiving, other problems arising out of early childhood experiences, and adult coping styles after loss or trauma. Therefore, intervention and treatment require a highly individualized approach
To 5:57 PM, 7 Sep: I specifically said "local and state candidates' positions on the issues, so that the voters can make informed decisions" -- not "national." If you want to twist that around to where "being informed" is wrong; and how that doesn't serve your objective; escapes me.
To 5:15 A.M. , I did make a mistake by using the word national . The local politics ,for sure, should be on the site. I do not feel the state stuff should be when this site is about the town and its residents and how it is run by its officials. If you want state and national politics go else where and speak your piece. I do that from time to time . I do like being informed and that was what was on my mind when I made my mistake . By the way ! You made a mistake as well . My time mark was 5:52 not 5:57 A.M. So that makes me believe we are both not perfect but observant of one anthers reading and writing here.
The need for effective mental health interventions for specific offender populations has become clear in recent decades. In particular, individuals who engage in stalking and harassment have increasingly attracted the attention of the public and mental health and criminal justice professionals, however no evidence-based treatment currently exists for this population.
Poor you.
It is obvious your attempt to be so knowledgeable mental illness comes from your taking sections from psychology and mental health book[s]. I feel its a good thing for all the crazies to see here. It appears your not qualified in the field of therapy . You do and can continue your attempts at being brilliant in what you take the time to write here . That is only if and I do say if you use the quotes from your reading these books here. After all you don't want to be responsible for someone going over the edge or having them hurt anyone would you? Who are you directing your "poor you" comment to? As for your commentary of stalking and harassment that is true but it is a well known fact that a certain person is responsible for these actions. That is why I asked who you directed the "poor you" comment to.
To: September 8, 2012 6:45 AM:
I did screw up on the time of your previous post--my eyesight and memory are both a litte shaky before 6 AM--guess that comes with age!
By state, I was referring to the local candidates for State Representative, etc., primarily; as WMUR and the networks, papers, etc., cover gubenatorial, and above. Was not looking for a place to discuss politics, but a place where the "local candidates" positions on issues that might affect Atkinson could be found, and compared--similar to what WMUR's site does--but at local level.
To me this would be a beneficial thing that the Blog could do--for those of us who want to discuss something other than cats, etc.
Thanks for listening!
- A mother and daughter have been charged in connection with a cat-hoarding case in which humane officers seized 51 cats and found 113 dead kittens.
The seized cats needed medical treatment, food and water because they were found living in cramped, extremely filthy and badly ventilated quarters, prosecutors said
-What is worse, the Animal Rescue agent said, was - there are two sisters being charged in connection with operating a cat house, one is charged with delinquency of a minor, her sister. The property owner has denied any knowledge of any cats, including the one sitting on his faceduring the interview.
Did it happen here in Atkinson? What pleasure do you have putting it on this site? You have to be a sicko if you get pleasure from blogging your stories of cats and the people involved in the cases. That stuff is in the papers and television to hear about. This site is about the town and its politics that are of real concern to the readers here. Your the one who is wrong by publishing your cat tripe just to continue your vicious attempts to pick on a or any cat[s] owning person. Its time for you to stop and write things of real concern here in town. If not then the sites administrator should remove your cat foolishness as they are received before they get published on the site. If that were to be done it would be better for the towns readership. If not done as needed then the site shows it is in fear of repercussions from those few who control the town with corrupt actions as has been the case many times in the past. Lets get back to what the site was originally made to read and respond to.
Glad I moved out of Atkinson several yaers ago. It's fun to read the BS that still continues... kind of like the never ending saga
Atkinson has to be the worst, most corrupt and indecent town in the state.
I wouldn't want to raise children here.
Last three who wrote here , #1. Your moving away was probably the best thing you did. Any one living here with any brains could tell you that under the current towns circumstances. Would you be willing to move back if the opportunity were to present itself? #2 There can no doubt about what you've said. The problem is "they" have everyone under their thumbs , [both hands] , and because "they" do no one wants to really do any thing about it out of fear. The only way is to go to the ballot box to end this problem anonymously. Just be sure your ballot is face down in case one of "they" are at or near the ballot box. Then all you have to do is walk away with a great feeling that you voted for change that benefits the town and not "they". #3 Children are raised by parents of good intentions with a willingness to make them good citizens and the childrens future raising of their own children. It makes no difference where they are raised but how. Why not move back here ,if possible ,and try to make a difference in the town knowing why you moved away in the first place. Geographic tours,[moving], do not change things. A willingness and a firm stance for what is right is what this town needs. Except for the dirty politics and certain town officials it is a great place to live in and finish raising your children.
The ballot box idea won't work for those people who are no elected. They are the worst of the worst here.
This is not a good environment to raise children. Bad example, no law enforcement.
The culture here is unhealthy. How many people have complained about not getting services and it's about who you know! This is ignorant and unacceptable on so many levels. The culture will not change until those responsible buck up and stop paying dirty politics.
Last two , Well why not see if there is some person who is to the liking of the voters that can beat the established corrupt that are now in office. It takes guts I know but its time for a change in who is running things, the voters or these jerks now in office. You have heard of grass roots have you not? An insistence of the removal of the police chief who is well over the age of retirement and his failed capabilities as chief is what is needed. The ballot box is the cure and if it isn't then a definite look at Atkinson is needed from the state and federal governments . Where is the accounting for the many articles that these governing agencies the town and are responsible for? For that matter where have these things that were given the town now? Are they all in use or in a hiding place known only to one of two chiefs of police? As for dirty politics the voters and those non appearing voters are the ones who let them get away with it. When you use the word culture you really have to know what the word means. Politics ,dirty or not, is not cultural by the word definition of culture, at least not here. " The culture will not change until those responsible buck up and stop playing dirty politics" is a cop out . They will not stop so long as you let them get away with what they are doing. As long as they can they will do the thieving from the town and its people for their own and their other friends reasons. If they be so dirty then how do you expect them to stop if no one is going to make them stop? The answer is at the ballot box or with the state and federal levels investigating them because they are not going to stop on their own. As for being ignorant and unacceptable I question who is.just that. You let them get away with it and that is ignorance on your part and it is unacceptable to all the towns people. Its time for an awakening as to who is the voter taxpayer and who are the elected officials running the town on the voters and taxpayers dollar .
How about you? You seem to be full of idealism. The problem is, no one wants to spend their life dealing with these thieves. Dirty politics IS our culture, if you understand the meaning of the word. To say that my buck up comment is a cop out is insane because it is the truth and nothing will change until the elected do thier jobs. You are clearly of the same mind but you lack a vocabulary.
So run for something, stop asking others to do your bidding for you.
Health and age reasons prevent me from running. Everyone has ideals and that includes you. How you deal with ideals is the problem in this town . There are good people and there are the bad people . Most of the bad are town officials and you allow them to be in official capacity when you "cop out" at the ballot. You talk top people in town and you can help make the difference the town sorely needs.How do you expect the elected to do their jobs when they control the corrupt actions they perform before your very own eyes? If you and all of the towns voters will not have some one or more persons run for the offices needed for the needed change then we all pay the price for the inaction you and those of your thinking allow to happen by not letting them get away with it. Everyone knows the chief has to go but no one is doing what is necessary to remove him by the means available. Do you think that what he has done and it were you that did it you'd be still on the job? Wake up and become a man/woman that is responsible for the corrupt officials in town by allowing them to run things their way and not yours on your dollar. As for using the word culture I think of art, social activities, etc. and in this subject it ,in my opinion, shouldn't be used here. You might call it "cultural" but you really should look at the first three letters of the word. Cults are of a danger to all of society are they not? There is a cult in town and its the corrupt officials that you apparently want to see and allow in office by not removing them via what was said here before this writing . Maybe those who have read these blogs we have made will have the guts to do the right thing at the ballot box or insist on an investigation of officials in town. JMHO
Cult is four letters and there are people here who are actually working for the good of the town, so stop telling everyone what to do while finding excuses for your own lack of involvement. Some contribute also have health issues and are not young.
Your right!! Cult is a four letter word. IO agree that there are several people in town who are working for the good of the town. I am saying get rid of those who aren't working for the betterment of the town. You know as well as I do who they are so get off my case and you do what you do what you should do other than criticize me in that regard. I make no excuse for my not being involved in removing these jackasses we know that are the problem. My excuses are valid where yours are not . I say this because you apparently are one who wants to keep their buried head in the sand. For you to come at me says your one of those that sides with those to remove. It almost makes me think your a Conman family member or him himself writing here. Do you want change or not is the question? If you do nothing in that regard you allow the problem to continue with your blessings. I would think you'd be letting people, in person, no less what you really think by saying you want the change to take place. I'm not trying to argue with you and it wasn't my intention then or now. Will you say you want change on this site or will you avoid doing it? If you avoid doing it I'd have to say If my thoughts are right about who you really are that of being a Conman person who is trying to cya for the corruption in town. You now have my explanation now lets see your actions for getting them out of town politics.
My head buried in the sand? You don't know who I am or what I do, so bug off.
Cat Hoarding is at once a complex animal cruelty issue, mental health issue and public safety issue. The ASPCA works to ensure hoarders and their victims get the help they need.
Please Chief I beg you to help these poor little cats.
I do not care who you are but I do have concerns as to what your able to do about this wacko situation. If your a selectman then do your job and stay true to the oath you took in getting into office. If your another of the "officials" in town then you do understand and know what is going on among the corrupt that are in question. Not that I'm accusing you of being one but as of now I haven't seen or heard of any one in power that are doing the necessary things to rid the town of its thieves . You said I do not know who you are and that is a truth. If your so prominent among the towns people or an official then you have no fear of what should be done to rid the town of its heavy handed jerks. Your no Acciard for sure but at least he had balls enough to take the Conman to court not only to win his case but to repair the unwarranted damage to his business by you know who. You know who has cost the town plenty of money because of his actions that were not warranted due to the truths of his actions against certain town residents. Do you have the balls or are you the Conman or one of his pals? See yah!! in the funny papers that is.
Seriously? You do not know who you are speaking with so let it up. I am not going respond to you again because I do not like the bullying from you or anyone else.
Are you on the animal control?
Are you a selectman?
Are you on conflict of intrest?
Im getting warmer!!!
Are you threatening me 4:50PM? I do have a right to say what I want to and to who I want to. If you look back at what I've written you would see my intent was to write to the general public and not you alone. You responded and I did in return to you. So you see it is you not me that is upset. and then you make an insinuation of your power to threaten me. Did I do that to you? You must feel threatened by my truthful writing. If your so powerful why not say who you are so everyone will know. And I assure you that I didn't write at 6:07 PM. to further this debate between you and me. You did say you weren't going to respond to my writing again didn't you - then why did you if you have nothing to hide other than what seems to be a thin skin that you have from someone elses writing. By the way! Why are afraid of being bullied if your so powerful is beyond me to say the least. After all I'm just an old man in poor health as compared to you .
maybe your a former cop who went to a new local police force?
Nooooo It can't be the guy that wants to be a selectman after screwing the town....
I do not read any threats posted here but the 6:43 person is very angry for no reason IMHO.
Cops posting here no doubt.
email received from bfriel@atkinson-nh.gov
Good Evening:
I am writing today to respectfully ask for your support at the Primary
Election on Tuesday, September 11, 2012 to act as your State
Representative for the next two years.
I have been a resident of Atkinson since 2000 and live here with my Wife
Kathleen, and my three children who all attend Atkinson Academy. I've
been active as a volunteer in Atkinson since 2000, serving on the Zoning
Board of Adjustment from 2000 through 2008. I am currently serving the
Town and its residents as Selectman and have been since 2008. My
current term will expire in 2014.
I have been involved in youth sports as an assistant soccer coach for
Timberlane Youth Soccer, Flag football coach for Timberlane Youth
Football and I am currently a coach for the Timberlane Tornadoes third
and fourth grade tackle team. I believe that it's an important
responsibility to serve the communities in which we live and I would
like to continue to do so by serving the Towns of Atkinson and Plaistow
in the House of Representatives.
During the past six months I have reached out to many residents from the
Towns of Atkinson and Plaistow trying to determine the issues that are
of most concern to our residents. It is my firm belief that as a State
Representative, the issue that I take to the State House should be the
issues that directly affect our residents; they should not be my issues.
Throughout this process many residents asked questions about the make-up
of our House of Representatives. As a follow-up to these questions, I
offer the following:
The New Hampshire House of Representatives is the lower house
in the New Hampshire General
Court . The
House of Representatives consists of 400 members coming from 103
districts across the state, created from divisions of the state's
counties. With 400 State Representatives and 24 Senate Members of the
upper house, the New Hampshire General Court is the largest state
legislature in the United States. On average, each legislator
represents about 3,300 residents. If the same level of representation
were present in the U.S. Congress
,
that body would have approximately 99,000 members. Representatives are
elected for a two year term and are only paid a salary of $200 per the
term, as are New Hampshire State Senators. Districts vary in number of
seats based on their populations, with the least-populous districts
having only one member and the most having 13. In multi-member
districts, voters are allowed to cast as many votes as there are seats
to be filled, which often results in one party winning all of the seats
in the district. The House of Representatives has met in
Representatives Hall of the State House
in Concord
since 1819. Representatives Hall is thus the oldest chamber in the
United States still in continuous legislative use.
Tomorrow is the Primary election. I am asking for your vote as one of
your State Representatives. If you pull a ballot and see my name,
please fill in the circle next to it. If you pull a ballot and do not
see my name, please write me in at the space provided for State
Representative.
Thank you for your support.
Bill Friel
bfriel@atkinson-nh.gov
can he use the towns email for this?
This is 6:43 in answer to the threat by and of the powerful anonymous person to me. First, I'm not afraid of the person . Second, it is clear it is a threat because of the past unwarranted and illegal actions towards other people in town . I don't think this powerful unknown would commit bodily harm or death to me even under his powerful person threat to me due to the nuts position. [See all the above commentaries by 6:43 and 4:50] If this screwball wants to follow me around for traffic stops let them. I,too, can document any harassment and make another civil court claim against the town to better my care and wealth at the towns expense. This nuts threat, big or small, is no real threat to me because I know I hit a nerve with the screwball by telling nothing but truths. The nut is trying to cover their backside in feeble their attempts to shut me down from expressing my right of opinion[s]. So to you @ 8:12 if you read again the powerful person statement you would see the threat the nut has made. If I were afraid of the nut or their threat to me would I respond to them as I have ? No I'm not angry nor am I in fear of the screwball. My only concern is that the town has another daffy "powerful person" trying to stifle peoples opinions and views of the corrupt officials in town that few seem to want to stand up to. JMHO
I read the comment and all he said was that you don't know who you are speaking to. You were making assumptions about who HE is and you can't do that on a blog. It could be anyone. In the end, you are freaking out about something you imagined in your own head.
BTW, I am also tired of your bullying rants here.
And I'm tired of your bully accusations as well. I could care less about who I'm writing or speaking to just as long as they ,in their devious ways, threaten me and others. Point out to me where I'm wrong in that regard and before you do reread his statement about being "powerful and you don't know who I am ",as indicated by him to me. Then ask yourself why he didn't keep to himself how "powerful" he was so as to indicate he is /was a town official. How would any person take that statement from someone who says what they and not take it as being a threat. I do not know about you but I wouldn't dare to say some or any thing near as his gorilla chest beating to say what they did with out being defensive of the nuts actions toward me or any another person. Your problem ,to me anyway, is that your the same person ,again,covering their backside. If this anonymous powerful person were to apologize for their statements and were sincere then I would accept the apology. I don't see it happening for two reasons, one ,he has no guts to be a real man ,two, he is the same person covering his backside from his fear of a law suit and being exposed for his dumb mistake because of his statements. Now on a better note - did you readers vote today?
Your freaking out about someone that is in your head. Your crazy. Your starting to realize that arent you. Thats what the doctors told you! Thats what the judge told you! Its true. Your insane! All in your head.
How can you say that when ---you---- do not know who I am? If anyone is crazy it is you and your having said I was shows that you definitely are the nut case. Why don't you apologize and get past your having been told the truths here on the site? If you can't then shut up and go away. I have better things to write about than your stupid come backs.
Hypocrit!
The cat it had some company one night out in the yard,
Someone threw a boot-jack, and they threw it mighty hard;
It caught the cat behind the ear, she thought it rather slight,
When along came a brick-bat and knocked the cat out of sight
Seriously? You do not know who you are speaking with so let it up. I am not going respond to you again because I do not like the bullying from you or anyone else
Well then shut up and stop your fools attempts to keep this ongoing. Go away chief,got it? Please do not answer "got it" or you will be ongoing.
I forgot to add the word supporter after the word chief ? Sorry!!
You think everyone who disagrees with you must be a Chief supporter? Your position defies logic.
It looks like 6:16 is threatening people.
Woof! Woof!
Read Senator Rand Paul's new book, "Government Bullies". Makes everything much clearer, including Chief
Consentino and our laughable BOS.
Just a humble resident and voter from Podunk, NH
Rand Paul has offered to campaign for Romney. Libertatians unite with the GOP!
It just goes to show everyone every where what a laughing stock the town is! Its really bad when there is a published book by a Senator who is a politician himself. He has to be a sure electable for sticking his neck out enough to be critical of all the government bullies the book talks about. Who knows, maybe the book will force the towns issues to the forefront that will end the problems of the town once a for all. JMHO
Why don't you read it and report back to us.
The book discusses issues at the federal level.
And it trickles all the way down to individual families. Bullying has always been a way of life for some in America Doesn't matter if it's Washington DC or a house on East Podunk Street. Bullying has become THE Cottage Industry in Atkinson, just ask Police Chief Phil Consentino.
Woof! Woof!
2:45 May be the chief and the selectmen will have a get together to read it at the library.
What's new pussycat? Woah, Woah
What's new pussycat? Woah, Woah
Pussycat, Pussycat
I've got flowers
And lots of hours
To spend with you.
So go and powder your cute little pussycat nose!
Pussycat, Pussycat
I love you
Yes, I do!
You and your pussycat nose!
What's new pussycat? Woah, Woah
What's new pussycat? Woah, Woah
Pussycat, Pussycat
You're so thrilling
And I'm so willing
To care for you.
So go and make up your cute little pussycat face!
Pussycat, Pussycat
I love you
Yes, I do!
You and your pussycat face!
What's new pussycat? Woah, Woah
What's new pussycat? Woah, Woah
Pussycat, Pussycat
You're delicious
And if my wishes
Can all come true
I'll soon be kissing your sweet little pussycat lips!
Pussycat, Pussycat
I love you
Yes, I do!
You and your pussycat lips!
You and your pussycat eyes!
You and your pussycat nose!
For sure this cat nut is no Tom Jones.
Now, “Lake People”, you are not really part of Atkinson as town government has assiduously maintained for decades. Where have you been? Have you not heard the repeated verbal proclamations at Town Deliberative Session microphones by distinguished Town Officials? We townies do enjoy the large tax bills you pay. But don’t get any ideas that you are due tax abatements for the $25,000 to $50,000 to repair Chase Island road to nowhere! Here’s the deal: We, the Town, provide you with trash pickup, period. You…. pay $2,200 a lineal foot for your beach front into our coffers.
“Lake People”, the Town of Atkinson ends at that sign! Now it is official. Get it and move on or move out! Pay your high tax bills and don’t try for an abatement because we know you can afford to foot the bridge bill and all those other nasty little road bills plus pay your high tax bills, which, by the way, we must raise to pay for that new sign and all the inconvenience you have caused. Thank you!
We did truly appreciate your attendance recently. All of you Chase Island Lake People, sitting there...meekly witnessing our show of concern for public safety ...which was true but also a “dog and pony show” to hide a hidden agenda which reads like...WE WANT NO FINANCIAL RESPONSIBILITY FOR CHASE ISLAND ROAD AND IT’S RESIDENTS. WE WANT TAX MONEY FLOWING OUR WAY. However, we did enjoy watching you kneel before us, and we caught it on camera for the Town, too. It was a fitting and proper display of submission to our authority and we did give you what you said you wanted and what we really wanted, which is the permission to pay for all current and future road repairs out of your own pockets.
How sweet it is!
Oh, by the way. Keep that tax money flowing! We have to expand Town Hall this year to make more room for those who have no clue as to the Town’s obligations to tax payers or its methodology of deceit. And besides...it is cruelty to animals, not to have adequate space to strut dogs and ponies.
I think the cat nut is the Chief. He sits at his computer all day and waits for attention from the blog. If he doesn't get it, he blogs about cats.
There is a way to find out if that is true. RTK law is one and the, gutless to do it, selectmen have the right to go into the history of the chiefs department computers to see who is doing it. If they are any computer abuses then it can be dealt with it as needed.
You said a mouth full but there can be other discrip of more powerful words that could be used on the subject !!
I stand accused
There's a list a mile long
Of all my sins
Of everything that I've done wrong
I'm so ashamed
There's nowhere left for me to hide
This is the day
I must answer for my life
NOT GUILTY....AGAIN
Crazy ass Ho!
Oh, you're guilty we know it but you lie so much you probably forgot how bad you really are.
Speaking of Ho's. I predict that Meditation Lane will be a lot more peaceful now that that the town troublemaker has knocked up his live in. Maybe the neighbors can organize a celebration of their with fireworks. You know what they say about payback.
Ho Ho Ho.
some father he's going to be, ouch.
I think the cat poster is the same person posting the guilty poem. He can cut and paste from the internet, such talent.
friel useing the towns e mail list for his personal use time for big bill to go (to jail) electionearing
take the conman with you bill. you can be cell mates.
funny 'electionearing' accusations coming from the chief no less!!!
I can picture the Conman rolling ball bearings in his hand like Humphrey Bogart while saying they can't do this to me I'm king !
Sure is "Good to be King". Isn't it, Phil!
http://www.youtube.com/watch?v=PvIz_GXKUss
What was going down on MediCation Lane toady at 3AM? What? No more fireowrks....y'all just shootin' guns instead?
All night long again, the gun shots on MediCation Lane.
Call in the State Police and the Sheriffs to stop it. Make sure you tell them that that APD are looking the other way when it happens. One or more callers with guts can also ask that these enforcement agencies listen to the noise as it happens to get results that can not be denied. I'd do it but I live out of range of hearing the noise.
I don't really know if anyone called it in, I didn't...so in all fairness to APD, they might not have known.
I live on meditation and didnt here one thing. Might have the wrong rd.
Io realize that the APD may have not known about the noise, however, are they not out cruising the town during the night. I was always led to believe and know it to be true that noise travels at a far distances at the times of night the noise was to have taken place. If one can hear just one very loud m/c some where on the other side of town then there can be no excuse to not hear loud explosive noise from fireworks or firearms. Either the story is made up or the APD officers are deaf when outside the station riding around while on patrolling the town. JMHO
It was Meditation. If you didn't 'hear' a thing, maybe it was you. When the idiot is shooting at night when all else is quiet, it's easy to tell where they are.
Im sure you called the "cops" and they did nothing to help poor old you again. The boy who cried wolf has entered the building again.
8:36, As I said I'm out of hearing range . That should make you aware that I am not living close by to hear the noise. -- 12:33, Same reply to you as it was to 8:36. I am not the original complaining person . The person[s] shooting off firearms aren't any to safe to live within a mile of them. .22 caliber bullets can travel a mile unless they hit some thing in flight. The heavier arms are as much a problem as the .22 caliber bullet. They may not go as far but they do hit with heavy impact at a shorter distance. Why wait for the time of intended or accidental bullets striking a home or a person? There are crazies in town and it wouldn't surprise me any if they were to kill someone or cause damage to any ones property. If your blind to the past actions of retaliation and the many court cases on a certain town official then you should make yourself aware of the crazy stuff that goes on in town . -- What I would appreciate is that the response one gives to answer any bodies written blogging here be answered with the time of the person being responded to. It not only makes it clear to who you are writing about it also helps not to confuse others about who you write about.Thanks to all for any consideration about this problem.
To 12:33. If you are so sure someone called, you must be the one who called or the cops. In either case, I know what I heard but since I was a visitor in the neighborhood, it was not my place to report it.
We all heard it, over and over and over.
To 2:37. They certainly do have some crazies in Town and they do not care what they hit or they wouldn't be doing it. I think the residents of your Town are desensitized to trouble since they cannot get the proper response when things happen.
Anyone who shoots guns in a neighborhood must be on drugs, have an anger issue or be just plain dumb...maybe all three.
12:33 Must be kidding. Everything is swept under the rug here and the criminals are the real liars.
There is no defense for some of the things that are going on here.
Its time for action! If the APD aren't doing what they should then the Sheriffs and State police should do the job of policing the town. By doing that then maybe we can get rid of the problems of noise ,drug parties,etc. After these things are no longer a problem then the APD can be used with new leadership and some of its current new members to do its job. The lack of action of and by the APD have for to long protected the certain few by the past to present department sweeping these things under a rug. Time for change is finally here but to do the action for the necessary change is the problem. Insist on the BOS to do what they they should do as elected officials who took the oath of office. JMHO
there is no problems with noise or drug parties. I think you like on wysteria lane mrs wolf...keep crying,nobody is listening.
11:46, I'm not Mrs. Wolf and I do not live on her street. If she is crying wolf then may be she should have some one look to see if she has a medical/ mental problem. For you to say it is this Mrs. Wolf your accusing of making the "crying" then you must have an axe to grind with her. Let us all know what it is because your freely using her as an excuse to stop the complaints thus far. I have to say it was a great attempt to silence this issue of noise on or about the area of Medication/Meditation Lane on your part. Now I can assume your one of the perpetrators and police involved in the matter. Your attempt in cya's and those others involved in this fools late time noise making has been seen through so why not stop this noise making that may ne a safety issue if the firearms use is true especially so. I still think the State Police and Sheriffs should be called in as was my feelings @ 6:59. Shame on the BOS if they continue to not act as I said at that time.
Jordan knows he's just a liar.
Oh, but there is a wolf and he keeps coming back. Can't wait until he's caught by his own stupidity.
Phil, be careful! You wouldn't want to strain a muscle patting yourself on the back.
EagleTribune.com, North Andover, MA
September 19, 2012
Atkinson Elderly Affairs programs is humming along
By Dustin Luca
dluca@eagletribune.com
---- — ATKINSON — Months after residents weighed in on a battle between Elderly Affairs director and police Chief Phil Consentino and those who opposed his leadership of the program, the program continues to run unchanged. It also continues to be successful, according to Consentino and the seniors it serves.
Every month, the Elderly Affairs department drives some 150 local seniors to doctor’s appointments, the pharmacy, hair salon and more.
The department also provides medical equipment and money to elderly residents in need, specifically those who strive to stay independent and live on their own while struggling to do so.
The department receives a budget to pay its five drivers $10 to $11 an hour, gas, vehicle maintenance and the $100 Consentino receives every year as a part-time director of the program. This year, the department had a $40,743 budget, up from $37,166 the year before.
Everything else the department does is c
overed by a trust fund set up after Consentino drew criticism over his handling of the department in 2008.
Since its creation in 1993, the department and its director have been a frequent target of controversy.
In 2008, the state’s Charitable Trust Unit of the Attorney General’s Office found a conflict of interest with the department being intermingled with the police department.
The trust fund was created as a result of that investigation.
Last year, selectmen paid $5,000 for an independent study of the police department after several conflicts with Consentino. Part of the study’s findings reached the same conclusion as the Charitable Trust Unit’s investigation, saying the two departments should be separated.
Most recently, warrant articles brought forward at Town Meeting in March by the Board of Selectmen sought to fill Consentino’s role as director of the department with a part-time position paying $25,000 a year. Another article aimed to move Elderly Affairs to the town’s Community Center.
After some public deliberation, voters opted to keep the department at the police station. They also voted on an article that first aimed to spend $25,000 to hire a director of Senior and Recreation Affairs. That was later amended to spend only $1 before being rejected altogether.
Six months later, the department has what it needs to keep moving forward, Consentino said, although the town’s elderly community is expected to grow slowly.
“I don’t foresee it getting to that point where it would require additional help,” Consentino said.
Selectmen’s Chairman Fred Childs said Elderly Affairs should be distanced from the police department, as the independent study said. But with the outcome of the town’s vote this year, “That’s all been worked out already.”
Older residents interviewed who use the program said they don’t want it to change at all.
Louise Waters, 84, says the town should “leave it the way it is.”
“It isn’t broke. Why fix it?” Waters said. “They’re doing a wonderful job the way they’re doing it now.”
The department helped Francis Armitstead, 85, bring her husband home after a heart attack. The hospital he was at wouldn’t release him unless certain equipment was at home, which the d
epartment provided and set up.
“How could they do anything more than that?” Armitstead said.
It doesn't make it right. I was surprised that people voted for this and they should still move it out of the pd.
wah wah wah boo hoo boo hoo, they no like me, they think me crazy. boom boom crack boom boom crack
Could tiny organisms carried by house cats be creeping into our brains, causing everything from car wrecks to schizophrenia?
its not your fault.... the cats made you do this...
could you have a more serious case of obsession? it's like internet stalking, with harassment.
get a life!
you are the one with a cat so you ought to know
Cats, noise,and crazy people making insults and accusations are not the only problems in this town. Why not let these things rest for a while. Trying to make things better here should be the goals of everyone in town and not this stuff that stands in the way of progress in town life.
agreed to moment of truce
Article submission please.
Supreme Court Decision of Osborn Appeal
NOTICE: This opinion is subject to motions for rehearing under Rule 22 as
well as formal revision before publication in the New Hampshire Reports.
Readers are requested to notify the Reporter, Supreme Court of New
Hampshire, One Charles Doe Drive, Concord, New Hampshire 03301, of any
editorial errors in order that corrections may be made before the opinion goes
to press. Errors may be reported by E-mail at the following address:
reporter@courts.state.nh.us. Opinions are available on the Internet by 9:00
a.m. on the morning of their release. The direct address of the court's home
page is: http://www.courts.state.nh.us/supreme.
THE SUPREME COURT OF NEW HAMPSHIRE
___________________________
Rockingham
No. 2011-085
TOWN OF ATKINSON
v.
MALBORN REALTY TRUST & a.
Argued: June 13, 2012
Opinion Issued: August 17, 2012
Sumner F. Kalman, Attorney at Law, P.C., of Plaistow (Thea S. Valvanis
and Sumner F. Kalman on the brief, and Mr. Kalman orally), for the petitioner.
McGrath Law Firm, P.A., of Concord (Peter McGrath and Jason Beecher
on the brief, and Mr. McGrath orally), for the respondents.
CONBOY, J. The respondents, Malborn Realty Trust and its trustee,
Daniel Osborn, appeal an order of the Superior Court (McHugh, J.) that
enjoined Osborn from occupying property in Atkinson because he lacks an
occupancy permit and that imposed a civil penalty for this violation. See RSA
676:15 (2008), :17 (Supp. 2011). The petitioner, Town of Atkinson (Town),
cross-appeals the trial court’s failure to award it attorney’s fees. See RSA
676:17, II. We affirm the trial court’s issuance of the injunction, modify its
imposition of civil penalties, reverse its denial of attorney’s fees, and remand.
The trial court found the following facts. Before 2007, the subject
property was a seasonal camp. In June 2007, the Town’s zoning board of
adjustment granted Osborn a variance to convert the property to year-round
use and to construct a new three-bedroom home. One condition of the
variance was that access to the property had to “meet the requirements of the
Police and Fire Departments.”
In 2008, Osborn applied for a building permit. The Town’s fire chief
reviewed the application and recommended that the building permit be
conditioned upon the installation of a sprinkler system because the property
had poor access to a class V highway. See RSA 229:5 (2009) (setting forth
highway classification system). The building inspector adopted this
recommendation, and, in May 2008, issued the conditional building permit.
On September 30, 2008, Osborn’s wife, Margaret, met with the Town’s
fire chief to discuss the Osborns’ plan to improve access to the property by
constructing a new driveway. The fire chief agreed that a satisfactory driveway
could eliminate the need for a sprinkler system.
In October 2008, the Osborns submitted a proposed plan to build a
driveway with a 23% grade, which the Town immediately rejected. In
subsequent meetings, the fire chief told Margaret that although the required
grade was 8%, he would accept a driveway with a 10% grade. The Osborns
never submitted a satisfactory driveway plan to the fire chief. Ultimately,
without the fire chief’s consent, they installed a driveway with a 13.7% grade.
They did not install a sprinkler system. Because the home lacked the required
sprinkler system, the Town declined to issue a certificate of occupancy for it.
Nonetheless, the Osborns moved into the home on November 30, 2009.
According to the Town’s building code, it is unlawful to occupy a building
without a certificate of occupancy.
On or about December 14, 2009, the Town served Osborn with notice
that occupying the home violated the Town’s building code. The notice stated
that the Town could bring an enforcement action under RSA 676:15 and an
action for civil penalties and attorney’s fees under RSA 676:17. In March 2010,
the Town filed such an action. Later that month, following a hearing on the
Town’s request for a preliminary injunction, the court ordered Osborn to vacate
the premises. He and his family did so on July 1, 2010.
After conducting a bench trial and a view of the premises, the trial court:
(1) permanently enjoined Osborn from occupying the premises without a
certificate of occupancy; (2) ruled that no certificate of occupancy could be
issued until a sprinkler system is installed in the house; and (3) imposed a civil
penalty of $109,725. The trial court also ruled that the Town was the
prevailing party and was entitled to its reasonable attorney’s fees pursuant to
RSA 676:17, II. Although the court originally awarded the Town reasonable
attorney’s fees of $20,000, it later vacated this award in its entirety in response
to the respondents’ motion for reconsideration. This appeal and cross-appeal
followed.
The respondents challenge the trial court’s decision to issue the
requested injunction and, alternatively, its calculation of the civil penalty. In
its cross-appeal, the Town challenges the trial court’s denial of its request for
an award of reasonable attorney’s fees. We first address the respondent’s
appeal.
I. Injunction
A. Standard of Review
It is within the trial court’s sound discretion to grant an injunction after
consideration of the facts and established principles of equity. N.H. Dep’t of
Envtl. Servs. v. Mottolo, 155 N.H. 57, 63 (2007). We will uphold the trial
court’s factual findings unless the evidence does not support them or they are
erroneous as a matter of law. Rabbia v. Rocha, 162 N.H. 734, 738 (2011). “We
will uphold the issuance of an injunction absent an error of law, an
unsustainable exercise of discretion, or clearly erroneous findings of fact.”
Frost v. Comm’r, N.H. Banking Dep’t, 163 N.H. 365, 374 (2012).
B. Respondents’ Arguments
The respondents first argue that a sprinkler system was not required to
secure a certificate of occupancy because the Town’s fire chief waived this
requirement when he met with Margaret in September 2008. Waiver is a
question of fact. So. Willow Properties v. Burlington Coat Factory of N.H., 159
N.H. 494, 499 (2009). “A finding of waiver must be based upon an intention
expressed in explicit language to forego a right, or upon conduct under the
circumstances justifying an inference of a relinquishment of it.” Id. (quotation
omitted). We will not overturn the trial judge’s determination unless clearly
erroneous. Id.
Here, the trial court found that “[w]hat was said during [the September
2008] meeting is the core dispute between the parties. It is a classic he saidshe
said exchange.” After considering “all the evidence presented on th[e]
issue,” the trial court credited the fire chief’s version of the conversation.
“While the testimony presented by the parties conflicted, the trial judge was in
the best position to evaluate the evidence, measure its persuasiveness and
assess the credibility of the witnesses.” In the Matter of Henry & Henry, 163
N.H. 175, 180 (2012) (quotation omitted). We defer to the trial court’s
judgment on such issues as resolving conflicts in the testimony, measuring the credibility of witnesses, and determining the weight to be given evidence. Id. at
183. As the fact finder, the trial court was entitled to accept or reject, in whole
or in part, the testimony of any witness or party, and was not required to
believe even uncontroverted evidence. Id. at 181.
The respondents next assert that based upon the fire chief’s
representations during his meeting with Margaret in September 2008, the
doctrine of municipal estoppel precludes the Town from requiring Osborn to
install a sprinkler system. “The doctrine of municipal estoppel has been
applied to municipalities to prevent unjust enrichment and to accord fairness
to those who bargain with the agents of municipalities for the promises of the
municipalities.” Thomas v. Town of Hooksett, 153 N.H. 717, 721 (2006). The
elements of estoppel are: First, a false representation or concealment of
material facts must have been made with knowledge of those facts; second, the
party to whom the representation was made must have been ignorant of the
truth of the matter; third, the representation must have been made with the
intention of inducing the other party to rely upon it; and fourth, the other party
must have been induced to rely upon the representation to his or her injury.
Id. “Each element of estoppel requires a factual determination.” Id. (quotation
omitted).
The respondents contend that “the representations of the Fire Chief
constituted a waiver of the requirement for a sprinkler system,” and that the
Osborns “reasonably relied on th[is] representation . . . and acted accordingly”
to their detriment. Here, having credited the fire chief’s version of the
September 2008 meeting, the trial court found that the fire chief did not
represent, falsely or otherwise, that the sprinkler requirement was waived. As
there is evidence to support this finding, and it is not legally erroneous, we
uphold it. See Rabbia, 162 N.H. at 738.
The respondents next argue that requiring the Osborns to install the
sprinkler system violates Laws 2010, chapter 282. See RSA 153:5, :10-a, III
(Supp. 2011); RSA 155-A:10, VII (Supp. 2011). We review the trial court’s
statutory interpretation de novo. Frost, 163 N.H. at 374. We are the final
arbiter of the intent of the legislature as expressed in the words of the statute
considered as a whole. Id. When examining the language of the statute, we
ascribe the plain and ordinary meaning to the words used. Id. We interpret
legislative intent from the statute as written and will not consider what the
legislature might have said or add language that the legislature did not see fit
to include. Id. We also interpret a statute in the context of the overall
statutory scheme and not in isolation. Id.
Laws 2010, chapter 282 precludes a municipality from adopting or
enforcing “any ordinance, regulation, code, or administrative practice requiring
the installation of fire sprinkler systems in any new or existing detached one or 2-family dwelling unit in a structure used only for residential purposes”
before July 1, 2011, “unless such adoption is earlier authorized by law.” Laws
2010, 282:4. The respondents argue that this section barred the Town from
enforcing the sprinkler requirement. However, the trial court found that the
Town’s fire chief was not enforcing a municipal ordinance, regulation, code or
practice, but instead was adhering to regulations adopted by the State Fire
Marshall. See N.H. Admin. Rules, Saf-C 6008.01.
As evidence in the record
supports this finding, we uphold it. See Rabbia, 162 N.H. at 738.
Laws 2010, chapter 282 also precludes the State Fire Marshall from
adopting rules that “require automatic suppressant or sprinkler systems in
detached one- or 2-family dwelling units in a structure used only for residential
purposes.” Laws 2010, 282:1. Except for such rules, Laws 2010, chapter 282
allows the State Fire Marshall to “adopt the most recent edition of . . . the
national fire protection association code or other recognized codes as rules, in
whole or in part.” Id.
The respondents do not assert that the state regulations at issue violate
Laws 2010, chapter 282. We observe that these regulations adopt the National
Fire Protection Association (NFPA) Fire Code, which allows fire chiefs to
mandate sprinkler systems when “[s]ite conditions or unique structure designs
. . . result in a fire department access road design that does not meet the
specific requirements” of the NFPA Fire Code. NFPA 1 Uniform Fire Code
Handbook § 18.2.2.1.2 comment at 378 (2003); see NFPA 1 Fire Code §§ 3.2.2,
18.2.3.1.4 (2009); see also N.H. Admin. Rules, Saf-C 6008.01-03. Accordingly,
we hold that requiring the Osborns to install a sprinkler system did not violate
Laws 2010, chapter 282.
The respondents next assert that an injunction was not warranted in this
case because the fire chief and/or the Town acted arbitrarily, unreasonably,
and/or capriciously. In effect, they claim that the balance of equities in this
case weighs in their favor. Our task on appeal is not to reweigh the equities.
Because the respondents have failed to persuade us that the trial court
committed an error of law or an unsustainable exercise of discretion, or made
clearly erroneous findings of fact, we uphold its decision to enjoin Osborn from
occupying the premises until a sprinkler system is installed. See Frost, 163
N.H. at 374.
II. Civil Penalty
The trial court imposed a civil penalty pursuant to RSA 676:17, I, which
provides, in pertinent part:
Any person who violates . . . any requirement or condition of
a permit or decision issued by, any local administrator or land use offense, and $550 for subsequent offenses, for each day that such
violation is found to continue . . . after the date on which the
violator receives written notice from the municipality that the
violator is in violation, whichever is earlier. Each day that a
violation continues shall be a separate offense.
The trial court found that the violation continued for 200 days – from
December 14, 2009, when the notice of violation was received, until July 1,
2010, when Osborn and his family vacated the premises. The court imposed a
civil penalty of $275 for the first day of the violation and a penalty of $550 for
the additional 199 days of the violation ($550 x 199 = $109,450). The total civil
penalty imposed was $109,725 ($275 + $109,450).
As the respondents rightly concede, the last sentence of RSA 676:17, I,
was added in 2009 in response to our decision in Town of Amherst v. Gilroy,
157 N.H. 275 (2008). See N.H.H.R. Jour. 64 (2009). In Gilroy, 157 N.H. at
278-79, we held that because the pre-2009 version of the statute lacked this
last sentence, “a continuing violation [was] a single offense.” See RSA 676:17, I
(2008) (amended 2009). Following our decision in Gilroy, the legislature added
the last sentence, which, as the respondents also rightly concede, means that
RSA 676:17, I, like other statutes with similar language, “authorizes a
separate, individual penalty for each day” of violation. Gilroy, 157 N.H. at 279
(quotation omitted); see Simpson v. Young, 153 N.H. 471, 474-75, 478 (2006)
(construing RSA 540-A:4, IX) ;
Town of Henniker v. Homo, 136 N.H. 88, 88-90
(1993) (construing RSA 236:127).
The respondents first argue that the total civil penalty imposed should
have been only $275. They contend that because a copy of the pre-2009
version of RSA 676:17, I, was attached to the notice of violation they received,
that version controls. Thus, they argue that imposing a civil penalty pursuant
to the post-2009 version of RSA 676:17, I, violates their constitutional rights to
procedural due process.
However, the record does not reflect, and the respondents have not
pointed to, any evidence that this argument was made in the trial court. See
Baer v. N.H. Dep’t of Educ., 160 N.H. 727, 732 (2010). It is the burden of the
appealing party, here the respondents, to provide this court with a record
sufficient to demonstrate that the issues on appeal have been raised before the
trial court. See id. Because the respondents have not demonstrated that they
preserved their procedural due process arguments for our review, we decline to
address them. See Bank of N.Y. Mellon v. Cataldo, 161 N.H. 135, 139 (2010).
The respondents assert, in the alternative, that the trial court
miscalculated the civil penalty by assessing the first day of violation at $275 and each subsequent day at $550. They contend that because there was only
one notice of violation, the penalty imposed should have been $275 per day for
each of the 200 days of the offense, or $55,000. We agree.
“[W]hen interpreting statutes, we do not merely look at isolated words or
phrases, but instead we consider the statute as a whole.” Appeal of Alexander,
163 N.H. 397, 409 (2012) (quotation omitted). Under the plain meaning of RSA
676:17, I, the civil penalty imposed is $275 per day “for the first offense” and
$550 per day “for subsequent offenses.” Reading RSA 676:17, I, as a whole, we
conclude that word “offense” refers to the violation(s) for which “the violator
receives written notice from the municipality that the violator is in violation.”
Here, because the Town issued only one notice of violation, only a “first offense”
is at issue. Pursuant to RSA 676:17, I, therefore, the respondents are subject
to a penalty of $275 for each of the 200 days of this offense ($275 x 200 =
$55,000). Accordingly, we modify the trial court’s order to reduce the civil
penalty imposed to $55,000.
III. Attorney’s Fees
In its cross-appeal, the Town argues that the trial court erred when it
declined to award the Town any of its reasonable attorney’s fees pursuant to
RSA 676:17, II. “A prevailing party may be awarded attorney’s fees when that
recovery is authorized by statute, an agreement between the parties, or an
established judicial exception to the general rule that precludes recovery of
such fees.” Bennett v. Town of Hampstead, 157 N.H. 477, 483 (2008)
(quotation omitted). “We will not overturn a trial court’s award of attorney’s
fees unless it is an unsustainable exercise of discretion.” Id.
RSA 676:17, II provides that in an enforcement action, such as this one,
“the municipality shall recover its costs and reasonable attorney’s fees actually
expended in pursuing the legal action if it is found to be a prevailing party.”
(Emphasis added.) An award of prevailing party attorney’s fees under this
section is mandatory. Id. at 484-85.
The trial court initially awarded the Town $20,000 as its reasonable
attorney’s fees. The trial court later vacated this award on the ground that
because the Town’s counsel is paid on retainer, counsel could not demonstrate
the reasonable attorney’s fees the Town “actually expended” on this case. RSA
676:17, II. In its ruling, the trial court construed the phrase “actually
expended” to mean money actually paid to counsel. The trial court evidently
decided that because Town counsel is paid a general retainer, the court could
not determine what the Town paid counsel for his work on this case.
Although the trial court’s decision arguably is consistent with one
definition of “to expend,” which is “to pay out,” this is not the only meaning of the word. Webster’s Third New International Dictionary 799 (unabridged ed.
2002). Another definition of “to expend” is “to consume by use.” Id. A general
retainer is “consumed by use” when it is depleted.
Given the evident purpose of RSA 676:17, II, which is to mandate an
award of reasonable attorney’s fees to a prevailing municipality, see Bennett,
157 N.H. at 484-85, we hold that when a municipal attorney is paid under a
retainer agreement, the phrase “actually expended” means the amount of the
retainer that has been depleted because of the attorney’s work on the
enforcement action. Therefore, we reverse the trial court’s ruling that the Town
was not entitled to any of its reasonable attorney’s fees, and remand for further
proceedings consistent with this opinion.
Affirmed in part; modified in
part; reversed in part; and
remanded.
DALIANIS, C.J., and HICKS and LYNN, JJ., concurred.
WASHINGTON (AP) — Nearly 6 million Americans — significantly more than first estimated— will face a tax penalty under President Barack Obama's health overhaul for not getting insurance, congressional analysts said Wednesday. Most would be in the middle class.
The new estimate amounts to an inconvenient fact for the administration, a reminder of what critics see as broken promises.
The numbers from the nonpartisan Congressional Budget Office are 50 percent higher than a previous projection by the same office in 2010, shortly after the law passed. The earlier estimate found 4 million people would be affected in 2016, when the penalty is fully in effect.
That's still only a sliver of the population, given that more than 150 million people currently are covered by employer plans. Nonetheless, in his first campaign for the White House, Obama pledged not to raise taxes on individuals making less than $200,000 a year and couples making less than $250,000.
And the budget office analysis found that nearly 80 percent of those who'll face the penalty would be making up to or less than five times the federal poverty level. Currently that would work out to $55,850 or less for an individual and $115,250 or less for a family of four.
Average penalty: about $1,200 in 2016.
Long in reading but informative. Now the town has to enforce the outcome of the courts action and its determinations of the issues. This is better reading than the stupid cat stuff. JMHO
The penalty for not buying mandatory insurance is a fine. Just like in Mass.
More government intrusion into our lives and the anon thinks it's "fine". Mass premiums shot up after they passed their health insurance law. Hold onto your wallets folks. Obamacare will do the same for you. Hey, you can always get food stamps like our food stamp president wants. Everyone can be dependent upon good ole Uncle Sam. Until the country goes belly up that is...
The real penalty is the loss of our freedom.
Anon 2:52 didn't say it was 'fine' He said it 'a fine' or 'a penalty'.
Read before you criticize people.
Abortion is not the kind of procedure you can save up for- it needs to be done right away. Due to the deep stigma in our society surrounding abortion, this is not the kind of thing many women would be able to ask family or friends to chip in for. This is a procedure that needs to be covered by health insurance. Anti-Choice activists are always looking for ways they can create barriers to care that limit women's access to reproductive health services they think we shouldn't have. The Stupak Amendment would be like plopping down a huge wall around the clinics where we need to go to for care- some will be able to climb it, but many more won't.
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