This appeared in the Eagle-Tribune on Monday.
Published: December 03, 2007 12:00 am
Resident seeks restraining order against town officials
By Margo Sullivan , Staff writer
Eagle-Tribune
PELHAM - A Pelham woman has asked for a restraining order against the town's code enforcement officer and the planning director.
Paula Jarek of 378 Mammoth Road filed papers Thursday in Nashua Superior Court, saying she needed relief from "overly aggressive practices" which caused hardship for her family.
"I am in fear of my safety and the safety of my family," she wrote, saying Thomas Wakefield, the code enforcement officer, has "abused his authority as a town official to photograph my home and belongings/persons on countless occasions."
She also said that Wakefield is behind a state audit of the family business and an IRS audit, and tried to have her in-laws evicted from the in-law apartment on their property.
Wakefield could not be reached for comment on Friday.
The judge denied Jarek's petition for an immediate restraining order against Wakefield, but directed the clerk to set a date for a hearing, which will be held on Dec. 12.
Wakefield is the only named defendant, but Jarek also indicated that she wants a second restraining order against Jeff Gowan, the town's planning director. Jarek said Gowan is Wakefield's boss and likely not only knows about Wakefield's actions, but also might have encouraged him.
Gowan did not want to comment on the restraining order on Friday. He said Jarek and her husband, Nick, have complained to selectmen, and they have launched an investigation.
"The public has a right to their opinions and to pursue protections," Gowan said.
Jarek said the problems with Wakefield started 18 to 19 months ago when he cited her husband for selling cars from the family home. The couple was in violation of the zoning laws because their home is in a residential area, but they cooperated and stopped selling cars, she said. But she said Wakefield has not stopped checking their property and taking photographs.
"I feel I am being stalked," she wrote in the court papers. "I wholeheartedly believe Tom Wakefield has and will continue to intimidate me and harass my family."
The spectacle of a resident feeling persecuted by a town official is an all too familiar feeling here in Atkinson, Just ask, Mrs. Grant, or Mr. Acciard, or Mr. Kaye, or too many others to list here. Government is supposed to be responsive to the needs of it's constituents, not a vehicle boost the power hungry ego's of it's elected elite. However, it is somewhat comforting to know that Atkinson is not the only community in southern NH, where residents have to go to court to get their officials to do the right thing.
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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).
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. "
11 comments:
In rebuttal to this article we only have one side. There are a lot of people that break code enforcement laws and think they have a right to....These gentlemen might just be working in the interest of the residents. We are all innocent until proven guilty.
Point taken, but our point in drawing attention to this incident was not to indict code enforcement officers, but to point out that there are other places where residents FEEL that they have to sue the town or its officials to get any form of justice.
I believe it is not an issue of what the residents feel. It is simply a fact. The only way the law-breaking and rule-breaking will end is by filing lawsuits. Sad to say but that's the way our town government operates.
It would be one thing if everyone was filing frivolous lawsuits like the Polito lawsuit or when Baldwin sued.
It is another thing where a serious wrong was committed on the part of Selectmen and since they act like they are above the law, they will not change until they are removed or sued enough times to get the message they must change their behavior.
Case in point: Selectmen get ANOTHER complaint against the chief. So we have 8 that's right, EIGHT that we have documentation for at:
http://www.atkinsontaxpayers.org/
atkinson/category/complaints/
So the Selectman do nothing about the 8th complaint. Where I work, you get one strike and that's it, you're FIRED. We know there have been far more than 8 complaints against Consentino not to mention the lawsuits and cost to taxpayers in legal fees and higher insurance premiums.
So when the the Selectmen receive the umpteenth complaint against him, what do they do? Well, we don't really know because it is a secret personnel issue, but there were no suspensions or terminations announced, were there? After so many complaints and lawsuits the Selectmen failed, once again, to do their jobs.
I'm not blaming Consentino anymore because in my opinion, he can't control himself. The truth is all documented on a website so the debate on "his good name" is over. The problem is our selectmen do nothing to correct the problem.
Mr. Jack Sapia, as Chairman of the Selectmen, you are not doing what we elected you to do. I will not vote for you in the next election. I just hope we don't get another lawsuit because of your failure to do the right thing. If we do, then I hold you responsible. It will be YOUR FAULT.
There is nothing more dangerous than a petty bureaucrat with a hunger for power. Give them a little and they will find a way to justify harrassment. Whether it is small town, big city, and even condo associations. There is always some who reads every word of the zoning or controlling documents and then spends there day looking for the tiniest infraction.
I have personally turned in people in my community to the inspection division. But only for safety issues like having 6 foot high bushes and fences at street corners. Makes seeing cars very difficult unless you are Superman. That is why zoning requires less the 3.5'.
But as much as I was beaten up as a kid by my "peers" I would never find satisfaction by inflicting harm on others.
Here in Atkinson it is stated that there is to be NO DUMPING of human waste onto ones property. There is a law against it:
"400:7 Land Application of Septage. The land application of septage containing disease-causing bacteria and infectious viruses and protozoa; the stockpiling in any form, and the land spreading of Class B sewage sludge containing heavy metals, pathogens, parasites and hazardous organic chemicals, is not allowed in the Town of Atkinson, New Hampshire. This ordinance shall not apply to any facility owned and/or operated by the Town of Atkinson for the disposal of sewage/septage/sludge generated within the Town of Atkinson, New Hampshire. (1998)"
Yet in October Peter Lewis as he routinely does, dumped large amounts of human waste (sludge) onto his farm fields. This was on his fields off of Salem Road. Is this legal? No. Does the town enforce it? NO.
I or anyone else would most likely get arrested for taking a crap on our front lawns yet in Atkinson, the "Big" guys can get away with it.
To fishgutz:
You are unreal. You rat out your neighbors over an issue regarding their own property! Yet what I find about you and what I can tell from reading what you post, is that on one hand you will bash an agency like the police department; but the second someone does something you don't like you couldn't dial the cops fast enough. People like you put a smile on my face. After all folks, free speech and those who defend it do so for people like fishgutz.
You would be surprised at how often residents "have to" take dramatic steps to be heard. Atkinson and Pelham are certainly not unique in that aspect. I write a local blog called NewHampshireRealEstateBlog.com
and will put a link to your site on mine. Interesting reading.
10:04
He paid for the right to have police protection period! Weather or not he is complementing or complaining about the police. He has earned their complete service by paying taxes.
And we are not complaining about all the officers, just the leaders. Most do their jobs just fine considering the circumstances they have to deal with.
To Anon @ 10:04
I added the comment about ratting out safety violation in the interest of full disclosure.
A "petty bureaucrat" would have been driving around with a tape measure and issuing citations for a fence or bush that is 3'7" instead of 3'6".
An intersection where a home owner had 8' high bushes, inches from a busy street corner was an extreme safety hazard. I waited months for someone from the city to notice and ask the owner to trim the shrub. A year went by. So I finally called. That is not being a nosy busy body. That is doing the job that the local code enforcement should have done months ago.
As other noted, we do not know the other side of this home owner's story. It could very well be that there were significant violations on a continuing basis. It could also be that the code enforcement officer decided to "teach the home owner a lesson."
Hopefully the reporter will do their job and get the whole story.
I can't help but wonder how many people who read the blog are turning away from you for towards Jack. It seems the man can't to anything without being criticized. Granted, the Viet Nam Memorial was a huge goof. But a moment of silence for our veterans at war is not a goof; visiting a school board meeting is not unusual, nor is it wrong. The Selectmen as a whole sit in their meetings as say they would like to School Board to come to them. Why can't Mohammad go to the mountain for a change? Child predators would or should be a concern to any parent. Why not try to do something which might keep the kids safe? A what's wrong with a committee. All our committees are volunteer - no money. Most importantly, I wonder how many of your readers are wondering all these same things?
To Anon @6:44
First noone has siad it is wrong for selectmen to go to the school board. What these comments have said is why cant he do the selectmen's job before worrying about everyoone else's.
Second, The Vietnam Honor Roll was not "a huge GOOF"!!! It was a clear deriliction of his sworn duty to uphold the votes taken by the residents of Atkinson, in favor of the opinions of a few of his friends. This is wrong on many levels, and the fact that it cost residents money in court fee's and attornies fees, and cost the taxpayers money in legal fees, and a special town meeting to ORDER him to do his duty, is beyond wrong!
Third, it is not that he can't do anything right in this blog's contributors eyes, but that he ACTUALLY ACCOMPLISHES SO LITTLE, in fact!
Fourth, noone is saying that child predators are not a concern, I believe I saw a comment earlier that stated this nicely; If he wants to do this as an individual, that is admirable, and he should do what ever he can if this is something he believes in. However, If he is intending to do something, as a selectman, as it would appear form his conduct so far in this issue, The taxpayers already pay the county attorney, the sherrif, the county commissioners, and our own local police to take care of this problem, Jack's committee has no authority, nor any right to infringe upon these other elected officials duties, as a matter o fact, selectmen have legal problems every time they try to usurp the statutory duties of another elected official, and with this boards track record of lawsuits, the town would be better served if they could just do their own jobs, and leave everyone elses alone.
And lastly, A moment of silence to honor troops in harms way, is not a bad thing; Howver it is looked at as a contrived moment of apparent sincereity, because he just spent two and a half years shitting on these very veterans. If this was an honest outpouring of sincere respect, then why hasnt he done it throughout his tenure on the board, instead of starting this year when he took the chair? How can you profess to respect veterans, when you refuse to honor those veterans?
FOR THE CHEAP SEATS, THIS IS CALLED HYPOCRACY!!! tHY NAME IS JACK!
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