Selectman, Sapia is once again, representing outside private commercial interests instead of the people of Atkinson.
After the townspeople overwhelmingly passed the Groundwater Withdrawal Control Ordinance by a 67% margin at Special Town Meeting, the Selectmen immediately had a legal responsibility to enforce it as representative of the legally voted mandate of a Town Meeting. That ordinance is in effect until and unless a N.H. court rules otherwise.
Instead, what did our Selectmen do right after the Ordinance passed? They tried to find a way to get out of having to enforce the Ordinance. On behalf of and representing the profit-minded private water company INSTEAD of the people of Atkinson, the Selectmen immediately and outrageously sent letters to the N.H. Dept. of Environmental Services, the Attorney General, and the N.H. Public Utilities Commission, asking each agency to hopefully intervene and say that they didn’t have to enforce the Ordinance.
Those agencies do NOT speak for the courts, nor have any authority to intervene or make legal rulings, but our selectmen still tried and continue to try to improperly use those agencies to get out of their enforcement responsibilities.
Our Town Counsel also does not speak for the judges in the N.H. Court system and
has no standing to attempt to do so. His personal opinion (never given) like that of the selectmen, doesn’t matter a damn. This is a democracy and the voted wishes of the people stand until over-ruled by the courts. Town Counsel, like the Selectmen, is required to defend the Town against any legal actions bought against it.
Also, the Selectmen and Town Counsel are NOT supposed to be representing a private commercial interest AGAINST THE TOWNSPEOPLE. The selectmen and Town Counsel have forgotten who pays their salaries
It is time for all residents to take charge again. We went through this in the 70’s. Selectmen and Planning Board and ZBA appointees who (pandered to, catered to, represented) special interests were not re-elected or re-appointed and were replaced by those who put the best interests of the townspeople first. Sapia and his cohorts were not in Atkinson during those times and have no idea what they are doing, or the severe impact their arbitrary and capricious actions are having or will most certainly cause Atkinson to suffer.
We must protect ours and our children’s health, access to clean and plentiful water, our qualities of life and our property values.
Sickening!
ReplyDeleteWhere can I get copies of these letters? I would like to see them.
ReplyDeleteI think its time to storm town hall and ask the question that anon. put forth on the 28th at 3:43. Its in the column about selectmen mal feasance. Times awastin'!!! Each of the crooks are covering themselves and their tracks while everyone just waits and complains while doing nothing except to hear from the state agencies that foot drag. Call your neighbors and go in force to make it known that this has to stop and ask for immediate resignations of all involved. That way the state has no choice but to do their thing and temporarily run the town until the next election. A breath of fresh air in the running of the town is better than the foul smell that is now existing here.
ReplyDeleteVery sickening. Let's get this taken care of.
ReplyDeleteMr. Sullivan - Please say it isn't so. I beleive that you are to only selectman with integrity and this would surely disappoint me.
ReplyDeleteSapia, what oath did you take when you were sworn in? What in gods name is wrong with you, and who are you "looking out" for because it sure as hell isn't the everyday residents and taxpayers of Atkinson? You are in my opinion - slime, if you indeed did write that letter (prove you didn't). Childs I would also suspect you'd do something like this too. But Sullivan, shame on you, I expected better from you when you ran.
ReplyDeleteSweeeeeeeeeet.............
ReplyDeleteMore juicy stuff from the wonderful little town of Atkinson........
With the consistancy that the BoS (Board of Stupidity)deliberately go against the wishes of the denizens of Atkinson and the LAW I might add, seems to suggest that there must be something in it for them. Here are a few ideas that warrant a tid bit of thought.
1. Perhaps the BoS are recieving funds from this water company.
2. Perhaps the BoS are recieving $$$$$ for the elderly affairs account. Seeing as how we have absolutely no idea where that money goes anyway. Probably due to "Cue ball Phil's" extreme desire to cooperate with the budget committee and their requests.
3. If memory serves me, "Cue ball PHil" tried to borrow money from the policemans fund and was shot down. Perhaps he did it anyway and is now using this "sold town water" to repay that before he gets caught.
4. Or Perhaps this is the BoS' own personal "Pelican Brief"
Just Wait;
ReplyDeleteI'm betting that the selectmen(read that as Jack) is looking for some wiggle room, so that they don't have to implement the water ordinance.
Jack will say that NH doe snot have home rule, and that the AG has stated that large groundwater withdrawals are the province of the state, and that the water ordinance ias probably illegal, or unconstitutional,
BUT HE WILL BE LYING AGAIN!!!
Just ask to see the letter! It will not state what he says it does, the letters from legal counsel never do!
And why, because the AG represents the state! They can not give a legal opinion on a town ordinance!
Why are none of these issues addressed at the BOS meetings. Isn't that their job, to address town business whether controversial or not?
ReplyDeleteI’d like to comment on the defensibility of the Water Withdrawal Control Ordinance over-whelmingly adopted at Special Town Meeting.
ReplyDeleteOur N.H.legislature passed a STATE LAW which clearly states:
"Because groundwater is primarily a local resource, cities and towns should have the first opportunity to institute programs for ground- water protection...
"The state, which has general responsibility for groundwater management in the public trust and interest, should develop ground-water protection programs...WHEN SUCH PROGRAMS ARE NOT DEVELOPED BY A LOCAL ENTITY."
We are the "local entity" and very clearly, our local ordinance is enabled and authorized by State law and our State legislature.
Many, many years ago, in the olden days when I was a Selectman, the Town worked on adopting Atkinson’s first and original Master Plan and the regulations which implemented it.
We were told by the N.H. Muncipal Assn., the Southern Rockingham Regional Planning Commission, and yes, by our Town Counsel Sumner Kalman, that a town’s having a Master Plan was absolutely necessary to justify to the Courts any challenged regulations or ordinances adopted by the town.
Master Plans are specifically enabled by State law. A Master Plan is a town’s blue- print for the future. It contains the town's desires, goals and an overview of the guiding principles the town plans on using to achieve smart growth, sound planning and wise resource protection.
Sections of the Plan deal with roads, community facilities, economic development, recreation, housing, and most important, NATURAL RESOURCES PRESERVATION AND PROTECTION. The land use section also includes ordinances and regulations needed to implement the goals of the Plan.
Atkinson (the Selectmen, Planning Board, different citizens study groups, with help from regional planners) put in almost two years working on our Master Plan. Several Community Attitude Surveys were conducted to find out what was important to the townspeople.
We ended up with a strong Master Plan adopted by Town Meeting. The implementing regulations included previous ordinances, some new ones, and the option for any needed future ordinances.
The ordinances which implemented Atkinson’s Master Plan were challenged by our local major builder and Atkinson was taken to court.
Because our ordinances were based on Plan goals and implemented Atkinson’s legally adopted Master Plan, Atkinson easily won in court. Our ordinances, including lot-sizing and our wetlands ordinance were found to be tough, but totally justifiable.
What was important and A CRITICAL FACTOR IN WHY WE WON was that we Selectmen were COMMITTED to defending the Master Plan and its ordinances in Court because both were A MANDATE from the towns-people who legally adopted the Plan and its ordinances at a series of Town Meetings.
We directed Town Counsel to put in maximum effort to win and he won. I was one of the several town officials who testified FOR and ON BEHALF OF THE TOWNSPEOPLE.
The point I’m trying to make is that Town Counsel takes his direction from the Board of Selectmen who ethically, should be taking their direction from the voted wishes of the townspeople.
If our selectman WANT the town to win over any challenge to the Water Withdrawal Control Ordinance and take their enforcement responsibilities seriously, all they have to do is to commit to success and direct Town Counsel to achieve it.
Where can I get copies of the documents/correspondence that indicates this is going on? I want to see the evidence.
ReplyDeleteYeah, Carol. That'll be the day.
ReplyDeleteTo Carol: Nice and informative article. It makes perfect sense. Which is exactly the problem. The BoS all have a severe adversion to anything the townspeople want or that make sense.
ReplyDeleteI would like to look at how that master plan will read after the current (spinless jellyfish) selectment get through with their revisions of that master plan.
1. Economic development. Who cares what is in the best interest of the town. It all depends on what Jack assapia, Frankly Childs and Philip cue ball want and can benifit from.
2. Roads. Are only good for squeezing $$$$ and UNnessities out of builders.
3. Community facilities. Other than a new police station or elderly center. Got no use for them.
4. Housing. Again whatever we want to squeeze from builders for the town. And by the term "town" I mean Jack Assapia, Frankly Childs and Philip cue ball.
5. Natural Resources. Naturally they are there to do as we see fit. Besides it's not like they are going to run out or anything.
>>>>>>>Now that is a revision I am sure the BoS (Board of Stupidity" can live with<<<<<<<<<<<<<<<<<<<
By the way...............
ReplyDeleteI was just slightly less excited than usual to get to the meat of the blog today and I happened to notice that piece of shit blue cruiser. I just have one question for Der Kommissar Consentino.......
If that car is such a JUNK, why would you even want your son to drive it?
There are serious issues of the negligent and abusive use of power in this town, that's clear. No doubt, in not doing their job, the various "leaders" of this community have ticked off a lot of people, and I'm glad this blog is here to get the information out.
ReplyDeleteBut I have to be honest about the tone of many of the posts here; they're very immature. The aim of this board, to get this info out and remedy the abuses of power we all witness, is seriously hurt by the juvenile and vindictive nature of the majority of the posts here.
It's too bad, because what's going to happen is that the people in the middle are going to be TOTALLLY TURNED OFF by the immature 4th grade tone of many of the posts here, and it's going to take much longer to get things done because of this. Important changes in government come when a critical mass of the public becomes energized around an issue and acts. That's less likely to happen because of the poor quality of posting around here.
I still support the mission (which is why I'm posting this), but let's grow up people; we're not much better than the other side when we act like uneducated brats...
Anon @ 9:11 says some immature wrtiting is going on and he is right. On the other hand he is wrong because its done out of frustration of those towns people who are of the attitudes of "let the other guy do it". They'd rather pay higher taxes by not watching what is going on and for which they are paying for dearly! When , finally , they do see the publics outrage they make comments regarding civilty out of so called shock values!! People wouldn't be shocked if they paid attention and listened to what neighbors and friends were saying ,thinking, and doing about the towns problems. I can't say I'm shocked at some of the responses to what has been written . I can say its done out of frustration and desperation with good intentions by those who object to unfair practices by the officials elected to do the electorates bidding. Shocking as it may seem to some its time to join together and make the changes needed now before it gets worse. Truman said if you can't stand the heat in the kitchen get out . In this instance the town has to vent the heat in its political kitchen before it goes up in smoke and flames.
ReplyDelete8:10 Great post!
ReplyDeleteAt Monday night's Selectmen's Mtg,
ReplyDeleteRussell McAllister announced that the Selectmen had received a response letter to the one they had sent the N.H. Attorney General asking for a legal opinion as to whether the Selectmen had to enforce the Water Withdrawal Control Ordinance.
McAllister read aloud from parts of the A.G's letter -- that the AG said that their office "declines" to give the selectmen any legal opinion because the matter can only be decided by the courts.
Also that the AG's office doesn't get involved in litigation between private companies and towns.
The Selectmen had, once again, tried to do an end-run around the legally-voted Town Meeting mandate of the townspeople, but were bought up short.
At a previous meeting MacAllister had stated that THREE letters had gone out from the selectmen against the Ordinance -- to the AG, the PUC and to DES.
But at Monday night's meeting he didn't mention the selectmen receiving any response to their other sell-out-the-townspeople letters.
It was an insult and a slap in the face to the people of Atkinson that Sapia even sent out those letters to try to benefit the water company at the expense of the townspeople. Well, it didn't work. His efforts came to naught. The AG's office refused to co-operate with him against the townspeople.
This is just another reason why Sapia must be replaced in the next election. Selling out the townspeople -- like his refusing to honor the 2005 Town Meeting vote about the Honor Roll panels --is a regular practice of his and shows a contempt for the people he is supposed to be serving.
Anyone read Nov.2, 2007 Eagle Tribune on the article on the Water Withdrawel? Oh my God. Another hurdle over the people's vote being ignored. Where do our Constitutional rights come into play here !!!! The water co. did not fill in the application correctly but can re-apply which could take up to six mo. to a year. Maybe they ( BOS ) figure we'll forget all about it by then. So what else is new.
ReplyDelete