Consentino Resigning? Could it be?

The Talk in the Town Hall is that Long time, controversial police chief Philip Consentino may be retiring soon. At over 70 years old, this should have been expected, but the rumors are that this one is not totally by choice. Sources form inside law enforcement were overheard laughing about Consentino's latest foibles, There are rumors of a threatened lawsuit, although the details are being closely held. We will endeavor to keep you posted. One can only wonder what this latest threat could be, given his uncanny ability to enlist his good works with Elderly affairs to provide cover for his shenanigans as police chief in years past. His career as chief in Atkinson began ignominously with an accusation of improper use of funds, that blew up into a six year lawsuit with former selectman Wayne Peak. Then there were legal issues with his officers, labor relations cases with his officers, accusations of union busting during their organization drive, The infamous "Town that hates halloween" story made national news after his boneheaded comment that "his men" will turn cars with Mass. plates around at the border. Illegal, but that is nothing new for chief. Then there were more labor relations suits, his conflict of interest issues, his sleight of hand with donation funds, his conflicts between his numerous hats, his willful disobeying of Court Orders. Yes, Phil's tenure has been both expensive for the Town, and colorful. To the best of our knowledge he is the only part time chief in the state to be found in contempt of court, and to have pleaded the Fifth over 20 times on the witness stand. We can't wait to see what new chapter Phil will add to his legacy.

Candidates file for town, school offices in N.H.

Staff reports The Eagle Trubune

Contested races for town and school posts in some towns are about as few and far between as snowstorms have been this winter.

Other towns, including Atkinson and Derry, will have plenty of choices on the ballot next month.
Candidates in almost all towns and school districts had until 5 p.m. yesterday to file paperwork to get on the ballot for local elections March 12.

Atkinson
Atkinson has a three-way race for a three-year selectmen’s seat.
Incumbent Selectman Fred Childs is being challenged by William Baldwin and Craig Schuster, both of whom ran unsuccessfully last year.

Incumbent road agent Edward Stewart wants another two-year term, but he’s being challenged by Brian Klimaszewski.

Jean Sanders will try to unseat incumbent cemetery trustee Kathleen Friel for a three-year term.

Michael Turell is running unopposed for a three-year term as treasurer.

Incumbent Raymond Fournier is being challenged for a three-year term on the Conflict of Interest Committee by Jean-MacMillan Foley. Jean Sanders is running against incumbent Joyce LaFrance for a two-year term on the committee. No one filed for a single one-year term spot.

Harlan Cheney and incumbent Budget Committee members Bill Smith and Susan Carroll are vying for two three-year terms.

There’s a race for library trustee, too. James Cobb, Timothy Dziechowski and incumbent Alan Phair are seeking two three-year terms.

Incumbent Adele Dillon is unopposed for a one-year term as checklist supervisor.

Incumbent Helen Galloway is unopposed for a three-year term as trustee of trust funds.

Take Back America!

An economics professor at a local college made a statement that he had never failed a single student before, but had recently failed an entire class. That class had insisted that Obama's socialism worked and that no one would be poor and no one would be rich, a great equalizer.

The professor then said, "OK, we will have an experiment in this class on Obama's plan".. All grades will be averaged and everyone will receive the same grade so no one will fail and no one will receive an A.... (substituting grades for dollars - something closer to home and more readily understood by all).

After the first test, the grades were averaged and everyone got a B. The students who studied hard were upset and the students who studied little were happy. As the second test rolled around, the students who studied little had studied even less and the ones who studied hard decided they wanted a free ride too so they studied little.

The second test average was a D! No one was happy.

When the 3rd test rolled around, the average was an F.

As the tests proceeded, the scores never increased as bickering, blame and name-calling all resulted in hard feelings and no one would study for the benefit of anyone else.

To their great surprise, ALL FAILED and the professor told them that socialism would also ultimately fail because when the reward is great, the effort to succeed is great, but when government takes all the reward away, no one will try or want to succeed. Could not be any simpler than that. These are possibly the 5 best sentences you'll ever read and all applicable to this experiment:

1. You cannot legislate the poor into prosperity by legislating the wealthy out of prosperity.

2. What one person receives without working for, another person must work for without receiving.

3. The government cannot give to anybody anything that the government does not first take from somebody else.

4. You cannot multiply wealth by dividing it!

5. When half of the people get the idea that they do not have to work because the other half is going to take care of them, and when the other half gets the idea that it does no good to work because somebody else is going to get what they work for, that is the beginning of the end of any nation.

The Tower, the Sequel to the Sequel to the Sequel

Yes people, the long dormant TOWER issue is back again! But THIS time it is being pushed as a revenue generator behind the fire station. The "official" story line goes something like this; Cell companies will pay to lease space on a 160' tower in the pristine center of town, OH, AND if our petulant police chief gets his way (he was thwarted the first two tries) he can get his communications equipment up there as well. This time there is no mention of who will pay the $260,000 cost of building the tower, or the equipment to be housed there. But you know who will ultimately be on the hook.... YOU GOT IT! THE TAXPAYERS! This is the regurgitation of the very same debunked arguments from two and five years ago. Five years ago, the police dept. did not put a warrant article forward for the tower, but Billy Baldwin was circulating at town meeting a prospectus for the project which would have been billed as a public safety issue, and an emergency need later in the year. It called for a $260,000 tower, and $510,000 of equipment to go along with it. And NONE of this would have addressed the communications issue of the PD which was low power transmission outages for the shoulder held radios. Experts stated at the time that vehicle repeaters were the most cost effective means of solving this, but Phil would have none of it. You see, with vehicle repeaters the shoulder radios only needed to transmit to the car. The higher power radio in the car, would then connect with the PD to facilitate communications. Phil admitted the cars have no blackout problems. These are used by police depts. across the country and chiefs in those communities swear by them. WE COULD HAVE INSTALLED VEHICLE REPEATERS IN EVERY CAR FOR A TOTAL OF $27,465.00! Not the $770,000 it would take to erect Phils phallic symbol in the center of town. By the way, no one has ever ID'ed or found the communications equipment that the chief got through Plaistows grant 6 years ago, and was certified to have been installed on a tower in Atkinson when in reality it was stored in a closet somewhere. So many question, so much wasted taxpayer dollars, all to feed one man's fragile ego, When will it all stop?

Electioneering, the sequel to the sequel of the sequel.

As it does every election season, this Issue once again rears it's ugly head. And, as always the prime practitioner of this lost art is our Chief of Police! Yes, the very man charged with UPHOLDING THE LAW.....(chuckling).... sorry, could not contain myself at that phrase applied to that man. Many will remember the Chiefs admission that he had petitions signed in the Elderly Affairs cruisers, and that he had people come down to the Pd to sign petitions for his warrant articles. Many more will remember that the Chief of Police owns a private non profit corporation, that although it is not affiliated with the town, and is not accountable to the town for its contributions and spending, is housed in the PD, uses PD personnel, equipment, time, space, and the Elderly Affairs customer list to do it's fundraising. These are valuable town funded resources unavailable to other non profits in the area. Well word has it that another non profit in town has petitioned the selectmen for "equal access to town resources". So far the selectmen have declined to either grant this request or acknowledge the chief's use of his official status for personal political purposes as well as for his own non profit's success. Surely if any other business in town used taxpayer funded town resources for their own gain, there would be an uproar, and the selectmen would put an immediate stop to it, but somehow when the transgressor is the Chief of Police, the public and the selectmen are unusually quiet. So much for their fiduciary responsibilities. It is high time that these quasi illegalities stop. The Chief has spent decades driving a truck through loopholes in the laws, and crowing about this immoral ability of his. This column would admonish him to act honorably, but it has become apparent over the last decade that this unappointed, unqualified, interlocutor has no understanding of that term.

Town wins against Osborns, but THEY win TOO!

Article submission please. Supreme Court Decision of Osborn Appeal . 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. For those of you unfamiliar with this case, here are the headlines. The Osborns bought 3 small lake lots up on Valcat ln., and combined them to build a McMansion on the property. Originally they were approved for a 1,400 sq.ft. house because of the lot size, and it's inaccessibility to fire emergency equipment. They PROMISED to install a sprinkler system in exchange for approval for a 2,600 sq.ft. home. ONE condition was that they had to have direct access to a Class V road. They CLAIMED they did, not mentioning that they had to destroy Carol Davis property to lay it across her land to comply. They did, and Mrs. Davis sued, won, and they lost their pretty new illegal driveway. In the mean time, they CHANGED the plans they submitted to get their building permit, hiring Silverlake associates to design a 4,000 sq.ft. McMansion. In spite of the fights with the town, as they tried to wiggle out of their promise to install the sprinkler system, they built the current 4,000 sq.ft. home, while building their driveway across Mrs. Davis' land. Although the town refused to give them an occupancy permit without reducing the grade to comply with their permit (8%), the town later relaxed this to 10%, NEITHER of which they met, They MOVED INTO THEIR NEW HOME! They cut down the top of the ridge along Valcat ln, by approximately 10 ft. in their quest to reduce the grade, but the closest they could come was a 13.9% grade. Not enough for fire trucks to make it up. So to summarize; They applied and got a permit to build a 2,600 sq.ft. home with a sprinkler system, and direct access to a Class V road, with no more than an 8% grade. They then redesigned the home to approximately 4,000 sq.ft., with NO sprinkler system, NO direct access, NO 10% grade, and they DESTROYED their neighbors land to do so. AND they have been living illegally in the house for most of 3 years! They lost their case with Mrs. Davis. They Lost their case with the town. but here is the sad part. The Town SHOULD have received a fine of $275 the first day they were living in the house illegally, and $575 every successive day. BUT, because of how Sumner filed this, and the notification of this fine system the town was shorted this money, only being eligible for $50,000 in fines, and $20,000 in legal fees. Had the town PROVED they were living in the house illegally all that time, the fines would have been around the $500,000 mark. Corruption lives and thrives in Atkinson. As does Crappy Neighbors!

Obama's Green Energy Debacle

President Obama has chosen not to work "diligently" to create jobs, in his first three years. Getting his health care plan passed was of paramount importance to him. He chose instead to "advance green energy" which "will create millions of new quality high paying American jobs". So far this dream has been an economic nightmare. While the Heritage Foundation has done yeoman's work on this issue, here are some details the general public may have missed, as details are the victim of the President's daily lies. Through various programs the President has dedicated over $90 billion dollars to his "green initiative". Under his stimulus plan, there were the various loan guarantee programs(remember Solyndra?, the 1703, and 1705 programs. Under the Dept. of Energy there was the now infamous 1605 programs. Under these programs, initially 26 companies got taxpayer monies. An Additional 13 companies got monies through various spending bill amendments. Out of these companies 80% of them were run, founded, or connected to Large Obama Donors, and bundlers. Most of them are now bankrupt. As to the bankruptcies, 26 green energy companies received $42B, in total. here are the bankruptcies; Solar Trust of America:Filed Bankruptcy in Oakland, CA, April 3, 2012 Bright Source:Bright Source warned Obama’s Energy Department officials in March 2011 that delays in approving a $1.6 billion U.S. loan guarantee would embarrass the White House and force the solar-energy company to close. Bright Source lost billions of dollars but is getting more money to keep trying. Solyndra: Obama gave $500,000,000 (that’s a HALF BILLION!) in taxpayer money to Solyndra who shut its doors and laid off 1100 workers in August 2011 after billions in losses due to failure to make a solar product that works! Barack Obama was not vetted before being elected President and neither was Solyndra before Mr. Obama threw that taxpayer money down the drain of unproven technology. LSP Energy: LSPEnergy LP filed bankruptcy protection and a sale of its assets in Feb 2012 Energy Conversion Devices: On February 14, 2012 Energy Conversion Devices, Inc. and its subsidiaries filed for bankruptcy Abound Solar: Abound Solar received a $400 million loan guarantee from Barack Obama then announced in June, 2012 that it would file for bankruptcy. Many of these failed corporations, such as Abound, donated MILLIONS and continue to donate to Barack Obama’s campaign. Can you say, “Democrat Slush Fund”? Yes this is illegal. But Democrats are being protected from being prosecuted, for now. SunPower: SunPower stopped producing solar cells in 2011 at near bankruptcy then restructured with the help of, get this, oil giant TOTAL, Inc. who owns 60% stake in SunPower. Irony? The company is still struggling. Beacon Power: Beacon Power Corp filed for bankruptcy protection in October, 2011 just a year after Obama approved a $43 million Government loan guarantee. They remain barely in business, still struggling to make energy that makes sense or that works at all. Ecotality: ECOtality, a San Francisco green-tech company that never earned any money and remains on the verge of bankruptcy after receiving roughly $115 million in two loan guarantees from President Obama, who wants to do some more of this kind of Democrat Slush Fund Guarantees after he is elected to a 2nd term. A123 Solar: A123 Solar received $279 million from taxpayers thanks to President Obama’s Department of Energy loan guarantees even after the Solyndra bankruptcy and is getting another $500M from Obama after a loss of $400M. UniSolar: Uni-Solar filed for Ch 11 bankruptcy in June 20, 2012 after laying off hundreds of workers. UniSolar received even more Obama money after showing now progress, no profits and is still failing… yet they still remain in business with Obama’s help. Azure Dynamics: Azure Dynamics filed for bankruptcy in June , 2012 wasting millions in Obama “Stimulus” money and received abatement on taxes owed and and several tax credits. Azure Dynamics LLC filed for bankruptcy protection in Canada and the US. Azure laid off 120 of its 160 employees in Oak Park; Boston; Vancouver, British Columbia; and the UK. The Amonix Solar: manufacturing plant in North Las Vegas, subsidized by more than $20 million in federal tax credits and grants given by Obama Administration, has closed its 214,000 square foot facility a year after it opened. Evergreen Solar: Evergreen Solar received $527 Million in Taxpayer money from Obama and filed bankruptcy in late 2011. Evergreen, which closed its taxpayer-supported Devens factory in March, 2011 cut more than 1800 jobs. Evergreen’s $450 million factory, turned out to be a colossal “waste” of taxpayer money. Ener1: Ener1 Inc. received a $118 million U.S. Energy Department grant from President Obama to make electric-car batteries but filed for bankruptcy protection January 2012 after defaulting on bond debt. Add to this, the rest of the energy loans, and grant from the DOE; Mountain Plaza, Inc. (Dandridge, Tennessee), designed and implemented “truck-stop electrification” technology. Beacon Power Corp: Received $43 million in federal loan guaranteed in 2009 and also received $29 million in PA grants – Bankrupt in October 2011 Olsen’s Crop Service and Olsens Mills Acquisition Co. (Berlin, Wisconsin), a private company producing ethanol. Babcock and Brown: Received $178 million in federal grants in December 2009 (4 months after it went bust) – Bankrupt in early 2009 Fisker Automotive: $529 million in federal loan guarantees — Multiple 2012 sales prediction downgrades for first car release, delivery and cash flow troubles; Assembling cars in Finland Range Fuels (Soperton, Georgia), tried to develop a technology that converted biomass into ethanol without the use of enzymes. Johnson Controls: Received $299 million in federal grants in 2009 — Low demand caused cancellation of a new factory, operating at half capacity Raser Technologies (Provo, Utah), geothermal power plants and technology licensing. Nevada Geothermal: Received $98.5 million in federal loan guarantees in 2009 — Defaulting on long-term debt obligations, 85% drop in stock value Spectrawatt (Hopewell, New York), solar cell manufacturer. Thompson River Power LLC (Wayzata, Minnesota), designed and developed advanced products and services to support stable, reliable and efficient electricity grid operation. The president likes to tout his green energy street crd, but this is the dirty underbelly of his economic capriciousness, that he will not tell America. This is what happens when Government chooses winners and losers based upon Political considerations, rather than economic analysis.