by Thomas P. Caldwell
HILL — The Hill School Board is moving forward with the termination of its Authorized Regional Enrollment Area agreement with the Franklin School District and is leaning toward a realignment with the Newfound Area School District, but Chair Shelly Henry said they have not ruled out any of the interested parties at this point.
Hill is even reopening the door to the Winnisquam Regional School District, which failed to respond to the local school district's request for proposals. School Administrative Unit 18 Superintendent Robert McKenney told the school board on Oct. 8 that he had spoken with Dr. Tammy Davis, Winnisquam's superintendent, who told him she would be back in touch after her school board meets on Oct. 21 to let him know if there is any interest in accepting Hill students there.
Newfound provided the most comprehensive proposal but Franklin and the Merrimack Valley School District also sent letters of interest to Hill. Franklin's proposal was to continue under the same terms as the current AREA agreement, while Merrimack Valley stated it looked forward "to the chance to discuss and specify the scope of services and enter into a mutually beneficial agreement with the Hill School District."
The Hill School Board has met twice with its attorneys to discuss how to proceed with the split, what goes into the agreement, and how much the district will have to spend. The board will be meeting with Attorney John Teague again on Oct. 23.
McKenney said the board should begin the negotiation process by Nov. 1 in order to meet the statutory deadlines for hearings and budgeting for the school district meeting in March.
The superintendent noted that, during a law conference he had attended, one of the topics was "Breaking Up Is Hard To Do" but the attorneys noted that breaking up was easier than coming together, and they went on to discuss the complexities of working out an agreement to join another district.
A key consideration is the cost per pupil in a tuition agreement, and Business Administrator Amanda Bergquist said she is waiting for her counterpart at Newfound, Michael Limanni, to provide that information. McKenney noted that SAU 4 Superintendent Stacy Buckley who oversees the Newfound school district had been in touch to find out the status of the proposal.
The other major item on the Oct. 8 agenda was the 2015-2016 budget, and McKenney cautioned the board that the legal costs associated with ending the AREA agreement already are straining the current-year budget of $2,000. At the moment, next year's budget for legal costs remains undetermined.
Another item subject to change next year is the tuition account. Currently Hill sends 22 students to Franklin Middle School at a cost of $11,191 per student; and 39 students to Franklin High School at $9,089 per student. Both the number of students and the per pupil cost will be adjusted later in the budget year to reflect changes in the school population and the new tuition costs if Hill sends its students elsewhere.
Bergquist said the salary account will increase to compensate for a Title I grant that may not be available next year and that there is a new item in next year's budget for tutors because there may be a need for services beyond the school day. The school board was to discuss that item in further detail during a nonpublic session at the end of the meeting.
A proposal to purchase a new server for the school district's computer network elicited some discussion with Henry saying there has been a lot of technology spending in recent years and she was reluctant to support another large expenditure. Jennie D. Blake School Principal Jay Lewis said the current server was handed down from Franklin and that it has crashed a number of times. The school board asked for a listing of all computers and equipment with Henry saying there are a number of iPads in the school and she wondered if they were being used as much as they could be.
The proposed budget calls for 20 additional hours for special education due to an anticipated increase in numbers next year.
Bergquist said she is placing a 10 percent increase in the health services budget but she expected the actual increase to be much less than that. The insurance company will not have an updated figure for another month or so, she said.
Among other news at the meeting was Lewis' announcement that School Resource Officer Chris Hart will begin Drug and Alcohol Reduction Education (DARE) classes for grades 4 and 6 on Oct. 16.
NH Partners in Education has named the Jennie D. Blake School a Blue Ribbon Award School for its active volunteerism, and Dr. Dominique Beaulieu, program director at Riverbend Community Mental Health, is working to establish a community outreach program for students and parents in the school building.
Last Updated on Friday, 10 October 2014 01:24
Police recovered cocaine from car of drunk man who was not behind the wheel; his defense protesting search
SUPERIOR COURT — A Gilford man who is charged with one count of possession of cocaine is asking a judge to disallow all of the evidence seized from his car because he says it should not have been towed or inventoried.
Atty. Steve Mirkin says Richard Varricchio, of Lake Street was a passenger in his own car on November 30, 2013 when the driver was pulled over by a N.H. State Police Trooper on Route 11 just east of the Walmart parking lot entrance.
When the driver failed a field sobriety test he was charged with driving while intoxicated, arrested and taken to jail.
The officer spoke to Varricchio, who allegedly told police he had also been drinking and didn't think he should drive. Police took Varricchio into "protective custody," handcuffed him, and drove him less than a mile to his parent's home on Lake Street in Gilford.
While one trooper was taking Varricchio home, a second trooper conducted an inventory search of the car and allegedly found a baggie containing cocaine.
Mirkin argues that the cocaine should not be allowed into evidence because his client wasn't properly taken into protective custody and that the search was unlawful.
He said the trooper never determined Varricchio was impaired — only that he had been drinking — and that Varricchio exercised proper caution when he chose not to drive in front of a state police officer.
He said being "taken into protective custody" is not an arrest but is a seizure that may not be made without adhering to constitutional provisions against unreasonable seizure.
Mirkin said there is no exact legal definition of intoxication and the closest he could come was a 1983 case that described a person as being unable to walk five feet without stumbling or stand without supporting himself.
Mirkin said the officer who placed Varricchio into custody made none of those observations so he should not have put him into protective custody, implying Varricchio could have walked home and/or made other arrangements to get home and retrieve his car.
Mirkin also noted that from the discovery provided to him, Varricchio's car was in the breakdown lane just east of the entry to Walmart. He said the law states that only time a car is to be towed, is when "the owner of custodian of the vehicle is under arrest or otherwise incapacitated and the vehicle is a menace to traffic if permitted to remain."
He also argued that the car had to be a menace or an active threat to the safety of others at that time in order to be towed but the car was in a wide breakdown lane on Route 11.
Mirkin said that an inventory search must be conducted in a neutral manner and not in an investigatory manner. It is designed to protect the property interests of the owner and the safety interests of the police.
He said there is no indication that once the trooper found the baggie that he stopped his search and applied for a warrant. There is also no indication that Varricchio gave the police permission to search it.
Mirkin said the state police's own policy requires an inventory form to be left in the car that documents what was in the inventory search and no such form was found.
Belknap County Prosecutor Melissa Guldbrandsen countered that the trooper properly "determined that Varricchio was not fit to operate the vehicle and he was placed into protective custody."
She said the trooper's statement said that "Varricchio indicated he consumed too much alcohol and could not drive. I observed Varricchio reeked of an alcoholic beverage, had red glassy eyes and slurred speech..."
Guldbrandsen said the troopers exercised sound discretion when they honored Varricchio's own statements that he couldn't drive and provided him a courtesy ride to his parent's home."
She said it is consistent with the laws governing protective custody and in the alternative, the troopers could have brought him to the Belknap County Jail.
She said there is no reason the troopers should have left the car on the side of the road indefinitely. She also said that the inventory was done according to a neutral policy and that she will call two of three troopers involved to testify at the suppression hearing.
Last Updated on Friday, 10 October 2014 01:19
GILFORD — About 100 people signed a petition asking Selectmen to reverse their decision to make Cat Path one way and remove the speed bumps. The petition was submitted last night.
Speaking for the petitioners was Missy Perkins, who lives on Cherry Valley Road and said that many other roads in town would benefit more from the speed bumps. Perkins also said she had seen at least one resident of the road going the wrong way.
Accompanying Perkins was Sue Salmon who said they could use one way limits and speed bumps on their roads as well.
Marc Bourgeoise, who lives on Governor's Island, said people there wish their road was private but said he understands that everyone's tax dollars pay for the road so it's not. He said Cat Path is also public and paid for by tax dollars, adding the speed bumps are "extreme."
"I think the goal is to make it a private street with tax dollars," Perkins said.
Selectmen John O'Brien and Gus Benevides said the board had been talking about Cat Path for two years, that there had been public hearings about the changes, and that they wished Perkins and the others had come to those hearing.
"The board dragged its feet before we did anything," Benevides said, saying he was hoping more people than those who lived on Cat Path would have made their wishes known before the board took action.
He told them the speed going down the hill was a problem and there were a number of accidents on Cat Path.
As to the speed bumps, Benevides said they are temporary and will have to be removed before winter.
Selectman Richard Grenier said he wished he had voted against the speed bumps and in retrospect, doesn't think they were a very good idea.
Selectmen also said that if there were people going the wrong way on Cat Path it would be a police matter.
Town Administrator Scott Dunn accepted the petition.
In other business, selectmen agreed to close the portion of Belknap Mountain Road from the entrance to the town fields to the corner of Alva Wilson Road for Halloween.
In response to a speed complaint from a resident of lower Belknap Mountain Road, selectmen asked the police chief to evaluate the speeds in the area especially between 7 and 8:30 a.m.
Chief Anthony Bean Burpee said he has a growing list of places for which residents want speed and traffic studies but he agreed that the area in and around Gilford Village along Belknap Mountain Road is a priority because of all the school children.
Last Updated on Thursday, 09 October 2014 01:13
LACONIA — A psychiatrist working for the N.H. Office of Forensics Examiners has determined the former Belmont man who allegedly hacked his mother and brother to death with an ax is competent to stand trial.
Even though Dr. Daniel Comiskey determined Shawn Carter is capable of standing trial and assisting in his own defense, his attorney have requested a second evaluation, which was granted without state objection by Belknap County Superior Court Judge James O'Neill III.
Public Defender Robin Wight wrote that once Comiskey's report was submitted, she and her co-counsel met with Carter and came away with "significant concerns."
Carter's attorneys have obtained the services of Dr. Phillip Kinsler and estimate his services will cost about $5,000, however because he has no money to pay for the second evaluation, Wight and Atty. Eric Wolpin also motioned for the state to pay for Kinsler.
O'Neill approved the expense.
Carter is accused of using an ax to chop his mother and his brother to death in the Sunset Avenue home the three shared along Lake Winnisquam in May of 2013.
Their bodies were discovered by a Belmont Patrol Officer who responded to the home for a well-being check after one of Priscilla Carter's coworkers became concerned when she didn't come to work or answer her phone.
Carter was arrested by Belmont and Tilton Police about four hours after the bodies were found, while driving his mother's car along Rte. 3 in nearby Tilton.
Last Updated on Wednesday, 08 October 2014 12:56
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