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Friday, March 30

Selectmen efforts to usurp Library Trustees authority?

Click Title -Library RSA's
Has anyone wondered why after two years of planning we STILL have no construction bid documents ready to go? I mean, kindergarten passed 17 days ago, and they have already broken ground behind the academy, yet we STILL don't have bid documents for the new library. At whose doorstep does the blame for this lie? The Selectmen as this blog hears.

Apparently after last years presentation Mr. Sapia wanted Architect Ron LaMarre fired, which is really funny as he has not been officially hired yet, because the selectmen refuse to release the monies. It seems Jack feels that the selectmen should have ultimate oversight and authority over this project, too bad the law says differently. Are you willing to place the library on hold for 18 months so that you can take the town to court over this idiotic usurpation of the library trustees authority, Jack?

Try this on for size, the construction industry is dead right now. Contractors are looking for work, and would surely discount their rates to get the job. If we could have construction bid documents ready to go within the next 45 days or so, we could save probably 5-8% of the cost. This means $125,000- $180,000. Yet we can't do this because our selectmen are trying to usurp control of this project.

Jack, when will you do the right thing, just because it is the right thing. Then again, in light of your recent debacle with Linda, maybe you should just keep your mouth shut until you are kicked out of office.

6 comments:

Anonymous said...

Please correct me if I am wrong, but it is my understanding that with a municipal project, ie., firehouse, library, etc., the construction documents are not done until after the vote is taken which authorizes the building. Construction documents are expensive and take time. Let's hope the architect can move forward with them soon. Please, please don't tell me that a consultant is needed for this too!

Publius said...

The final documents, Yes! but the scutwork, the initial designs, the spec drawings, the basic systems, could have been started before had the architect been retained, but he gave the trustees a list of items that needed to be done, and they only retained him for the initial sketch because of the money issues.

Anonymous said...

To clarify, all the "scutwork" has been done. last year the selectmen were authorized to spend $800,000 to get the library project done faster this year. The selectmen refused, because they didn't like the architect Ron L. And now that the town has approved the work, it's been about 3, or 4 weeks and the selectmen continue to waste time in signing the contract. the monday after the vote, the Trustees were there asking to sign the contract, the selectmen refused. (even though it was the contract that the town lawyer has said was perfect) -- now that we put it in the drawer for a year, magically things changed, and the selectmen dont like it anymore.

RUMOR HAS IT that the selectmen VOTED YES to sign the contract on friday morning, they will sing it monday night and Ron L. the architect already has 3/4 the work done (all for free). JACK VOTED NO. and after the meeting, he continued to talk to Fred and Paul, about how bad of an idea it is. (Oh yeah, this is illegal because no public official can talk to another public official in regards to public matters without having a public meeting). As a heads up to the selectmen, if you magically change your mind over the weekend, expect a lawsuit referring to the public right to know LAW.

THANK YOU TRUSTEES for getting SO much done WITHOUT the support of the selectmen. YOU KNEW WHAT WAS RIGHT for the town. The selectmen chose not to care, because they all have their own agenda. Again, thanks alot Trustees, your work has truly paid off.. and it's a shame the selectmen keep refusing to sign, or "forgetting to send" the contract to the lawyer; we all know that we COULD have had men on the ground preparing the land by now, but since the selectmen now have put us 3 weeks behind schedule, I hope that brilliant architect can make it up.

Anonymous said...

After the last two years I don't trust Jack to walk my dog, why would I trust him to head up a $2.5M project.

Publius said...

Let me explain, The selectmen have NO AUTHORITY over the library OR ANY FUNDS OR ASSESTS RAISED AND APPROPRIATED FOR THE LIBRARY.

Therefore, The library is the same aas the school board as far as the selectmen are concerned.

When the school board asks for their $11M every year, do you vote no on that check, Jack? The answer is no, you dont have that right. You must sign the check. It is the same here. You don't get to hold up funds because you don't like the architect, you dont get to insert your buddy into the process as a consultant. You do what the trustees want. And right now they want you to shut up!

By the way, when did your buddy's consulting contract go out to bid?

You can't even usurp power correctly.

Anonymous said...

Try this on for size.

The issue of non-posted, non-minuted meetings at which town business is discussed without the public being present, or being able to observe, has already been decided.

Here is the link, for those who wish to read it yourselves, I will quote some of the more relevant portions.

http://www.nh.gov/judiciary/superior/superorders/cioffe.htm

Anne Cioffi

v.

Town of Sanbornton, et al.

No. 2001-E-022

ORDER

In this case, Town compliance with RSA 91-A before the May 30, 2001 adoption of new procedures was casual, at best. Meetings were not properly noticed. If notices of meetings were posted at all, they were posted in a small font, on a bulletin board located behind a door, which was full of papers. The Selectmen did not articulate the reasons for going into nonpublic sessions with a specific reference to an appropriate section in RSA 91-A:3, II. See RSA 91-A:3, I(b) and did not take or keep minutes of those nonpublic sessions.

In addition, the public was not allowed to review checks to be signed at meetings, despite the Town’s assertions to the contrary. This allowed the Selectmen to conduct Town business in a manner that circumvented the requirement of sunshine. One example is the police chief’s salary advance. The issue was decided initially by individual telephone calls to each of the selectmen. The Selectmen "ratified" their individual decisions by signing the check for the salary advance during a public meeting. The check was one of many Town checks in a pile to be signed. The public was not permitted to see the checks and, therefore, could not know what issue was being decided by the Selectmen. The Town’s position is that the chief, as a matter of professional integrity, called the individual Selectmen to inform them of the issue. The Court accepts this explanation as bearing on the good faith of both the chief and the Selectmen, but nevertheless holds that the later "official" action at the meeting was not conducted in accordance with RSA 91-A requirements.

The Town should have known that its business was conducted in a manner inconsistent with the requirements of RSA Chapter 91-A but, unfortunately, Town officials did not take advantage of any training offered to on the subject. Moreover, the response by Town officials to citizen inquiries (which were often aggressive) was unnecessarily defensive. Accordingly, the Court finds that the petitioner has satisfied her burden of showing RSA 91-A violations, at least until May 30, 2001.

One deficiency not corrected is the procedure of making decisions by signing checks at the Selectmen’s meetings. The Selectmen chairperson testified that these checks were available for public review; however, other testimony indicated that this type of public access is illusory. The check signing process is a de facto secret ballot, inconsistent with the RSA 91-A requirement that Town business be conducted in public unless subject to an exemption. The Court therefore directs the Town to correct this deficiency, either by making the check manifest a part of the agenda included in the meeting notice,2 or by otherwise stating during the public meeting what action the Selectmen are taking when they sign a check.

Based on the foregoing, the petitioner’s request for relief is GRANTED as follows:

1. The Town shall modify its check signing process, either by making the check manifest a part of the agenda included in the meeting notice, or by otherwise stating during the public meeting what action the Selectmen are taking when they sign a check. This order shall not be construed as requiring the Selectmen to reveal information recognized by RSA 91-A as confidential, so long as the board goes through the RSA 91-A process of conducting such business in a non-public session.

What this all means is that ALL meetings must be posted, in a conspicuous manner.

When ratifying previous decisions made out of the public eye, by signing a check, as was done with the purchase of the SUV for the Pd, the issue must be either included in the meeting posting, or announced at the meeting, and a vote taken in public.

All town business except that specifically listed in RSA 91A:3, II shall be conducted in full view of the public.

This means Selectman Sapia that you do not continue to speak about an issue after the cameras are turned off.


ATKINSON's Vietnam HONOR ROLL as VOTED and PASSED by 2005 Town Meeting and re-approved at Special Town Meeting Sept. 12

EDITORIAL-


A voice of compassion, an example of fairness and reasonable government.

One who believes in the strength and comfort you, your children and your family can draw from good government leadership.

A person who knows Atkinson is our home -- our most important possession that must be preserved and protected through fair taxes and sound community planning and where our children must be safe to grow to become a new generation of leaders.

One who knows that the citizens of Atkinson are all neighbors with her leadership to be dedicated and responsive to all.

One who believes that when those from Atkinson have served our nation and honors are deserved, those honors must be given.

In Valerie Tobin, we now have a leader we know we can entrust with these responsibilities because they are part of her character.

It is our honor to endorse Valerie for election to Atkinson’s Board of Selectmen.

Just a note for those who wish to count the deer.

In January 08 this blog had 16,000 hits and 1,500 unique visitors (for the month).

In 2007 this blog had over 100,000 hits and 5,750 unique visitors (for the year).

EDITORIAL-


"I offer nothing more than simple facts, plain arguments, and common sense . . ." [TP, 1776]

We take no small measure of umbrage at such a hostile official act against this BLOG’s patron. Therefore, a timely Editorial comment is both appropriate and necessary.

Discussion of Atkinson’s financial direction, from any viewpoint, is fundamental and encouraged and we will always attempt to limit and correct errors.

However, Righteous indignation towards purported error of such inconsequential nature is not appropriate.

The ENTIRE car deal is problematic. If it was caused by poor judgement, improper exercise of authority, neglect or mistake or even specious reasoning, this will never trump the facts that the entire questionable transaction started and ended within a very small circle of confidants.

We find the entire circumstances surrounding the disposition of the police Cruiser highly irregular at the least and the "explanations" somewhat trifling and exhaustive of our intellect.

Mr. Consentino: It’s time to go. Being Chief of Atkinson’s Police Department is NOT a birthright. That is a fabled legend of yesteryear.

Historically in Atkinson, police chief appointments were made "under the hand of the selectmen" for terms of one year at a time, as was also the case in the beginning of Mr. Consentino’s assorted and discontinuous stream of appointments to this position.

Your only remaining credential established on a claim of indispensability has faded.

So time is neigh. Plan a graceful exit, Clean out your desk, Accept the gratitude and tearful sentiments from some. We plan no editorial recriminations. It is time. Thank you for your service, We wish you a long and happy retirement. Bon Voyage.

LETTER


"To All Atkinson Residents,

I am writing to ask for your help. A member of the Atkinson Police Department needs our help. I am here to ask for your help in Corporal John Lapham's fight for his life. As you are aware, John has been diagnosed with Leukemia. He has been once again hospitalized with an infection that is threatening his life. He is one of the bravest people that I have ever met. He has never asked of anything from the residents of the town. Now is our chance to step up and help both him and his family out. As everyone is aware John has been out of work for a few months. His family has been busy helping John to get better. He needs our help, and I am hoping that this town can step up to the plate and help. From the moment that I met John, I have admired him. He does alot, but never asks for anything in return. He has helped so many people in this town. I for one am one of those people. Please help him.

There is a fund set-up in his name at TDBanknorth in Plaistow. Any amount will help John, while he is out of work. It would be great if this town could help ease a burden off his wife.

Thank You

Also if anyone would like to send a card, please address it to:

John Lapham
c/o Dana-Farber/Brigham and Women's Cancer Ctr.
Inpatient mail
75 Francis Street
Boston, MA 02115
United States

Please show Corporal John Lapham, that this community can stand up and show our support to those in need. I for one, miss John and can not wait until he can get better and return to work. Please show him that we support him. "