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Somersworth men arrested for Alton bank robbery

ALTON — Police Chief Ryan Heath said yesterday that two men who are alleged to have robbed the Meredith Village Savings Bank at gunpoint on October 10 have been arrested.

Heath said Phillip Gage, 46, and Marvin Eugene Ansteth Jr., 40, both of Somersworth, have been arrested by federal authorities and charged in the U.S. District Court, District of Maine in Portland.

Police said that Gage is the alleged man who entered the bank while Ansteth is alleged to have been driving the get-away car and waiting on Range Road.

The MVSB Branch is on 82 Wolfeboro Highway next to the Hannaford Supermarket.

Authorities believe Gage entered the brand and 4:34 p.m. and brandished a handgun. While holding one employee at gunpoint, he allegedly jumped over the counter and emptied the teller drawers, fleeing initially on foot.

Heath said both will be prosecuted by federal authorities.

Last Updated on Thursday, 21 November 2013 02:08

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Outgoing Mayor Seymour describes state-of-the-city

LACONIA — Speaking to some 50 residents of the Taylor Community yesterday, Mayor Mike Seymour offered his perspective on "the state of the city" as his second and last 2-year term draws to a close.

Likening the position of the mayor and City Council to the chairman and directors of a corporation, Seymour described the city manager as the chief executive officer, who together with the heads of municipal departments manages the day-to-day operations of the city. He counted the hiring of Scott Myers, who served four terms as mayor of Dover, as the four city manager in 40 years as among the most significant decisions of his tenure. He said a number of highly qualified candidates were interviewed, but "from the first opening minutes most of us were confident that he was the right guy."

Recalling his intention to convene a business "roundtable", Seymour said that while he was warned he would hear nothing but complaints about city government, he persevered. "At the first meeting I was hammered for the first hour," he admitted. But, he said that the group succeeded in streamlining and simplifying the process of opening a business in the city and preparing a packet to guide entrepreneurs through the process. "We still have a way to go," he remarked, "but the city has become more business friendly."

As a candidate Seymour championed a strategic plan for the city that would dovetail with its Master Plan by setting priorities with specific objectives and measures for achieving them. The City Council, city manager and department met several times and hammered out a plan designed to "go from putting out fires to stopping them altogether."

Seymour said that steps have been taken to enhance the appearance of the city, address its social and economic challenges and tackle the incidence of substance abuse. He singled out the "Got Lunch!" program, begun in response to the high numbers of students qualifying for free and reduced-price lunch because of low incomes, which became a model for 17 like programs in other communities. The council budgeted for additional personnel in the Police Department to curb drug trafficking. However, he stressed that "the city can't do it all by itself".

Perhaps the most visible undertaking of Seymour's tenure is the renovation and expansion of the Huot Regional Technical Educaiton Center, along with the reconstruction of the science laboratories and reconfiguration of playing fields at Laconia High School. He said that when the project was first proposed there were those who said it was beyond the city's means. "We couldn't not afford not to do it," Seymour said, explaining that the offerings of the Huot Center will develop the workforce that local and regional firms, many of which were partners in the project, require to grow and prosper. Likewise, he described the new stadium as "a win-win for everybody in the city," which as a venue of state tournaments will attract visitors to the city.

Seymour said that the progress of the recycling program and how best to reinvest in downtown were outstanding issues still facing the city. The mayor, who cast the deciding vote against introducing a "Pay-As-You-Throw" (PAYT) program, said that between 30 percent and 32 percent of solid waste is being recycled through the mandatory recycling program, but in reply to a question said that municipalities with PAYT programs topped 40-percent. "We're literally throwing money away every week by not recycling to max," he remarked, while adding that "we've moved the needle in the right direction. The question," he continued, "is can we do this on our own before our hand is forced."

After much discussion about how to apply funds accrued by the downtown Tax Increment Financing (TIF) district, said that the council will hold a work session in December to "make sure this money is spent wisely." He specifically mentioned the WOW Trail as a project that would provide the city with "an economic boost."

Looking ahead, Seymour remarked that efforts must be made to minimize the impact on downtown of the reconstruction of the Main Street Bridge. "I'm glad Ed (Engler) is going to be mayor next year," he quipped.

Although it is not feasible for the city to acquire the entire former Laconia State School property, Seymour said there is some discussion of purchasing sections of it, though the state has insisted "all or nothing." He foresaw rebuilding the Central Fire Station as the most immediate capital project on the horizon.

Responding to a question about the future of the Hathaway House, Seymour said that unfortunately the city had only the developer's word that the building would be preserved and nothing in writing that would bind him to fulfill his promise. Alluding to lessons learned, he said that in the future "we should take the appropriate steps."

Bob Selig, chief executive officer of the Taylor Community, chided the mayor about his beard, which he said would not yet qualify for spot on the Red Sox's roster. Seymour said that the beard would be removed by the Polished & Proper Barbershop and Shave Parlor with the proceeds going to the 2013 WLNH Children's Auction.

Last Updated on Thursday, 21 November 2013 02:05

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Committee sets price tag for interim county jail plan at $3.5M

LACONIA — A  $3.5 million bond issue which was discussed by the Belknap County Jail Planning Committee Tuesday night is seen by committee members as a bridge to get the county to a position where it can build a new correctional facility while dealing with crowding and the lack of program space at the current facility.
The bond issue would include a 48-bed temporary housing unit, which would cost $1,584,681 for a three-year contract;  $500,000 for a schematic design for a new facility and $1 million for replacing the HVAC system at the current jail. Committee members believe that elements of the newly-installed HVAC system could be reused in construction of a new facility. The other $400,000 would be used for additional site work such as lights and fencing for the temporary facility.
Maggie Pritchard of Genesis Behavior Health, a member of the committee, said that the county needs to move ahead with the program in order to achieve compliance with corrections guidelines, meet safety standards and maintain programs.
''Until we take action we're liable to lawsuits. We should move ahead for a good reason: we need it and we need to provide jail services which are reasonable,'' said Pritchard.
“It gives us time,'' said Alida Millham of Gilford of the proposal. She is a former chairman of the Belknap County Convention who recently became a member of the committee and two weeks ago maintained that the county should act to put temporary housing in place next year.
Three Democratic members of the Belknap County Convention, Representatives David Huot of Laconia, Ian Raymond of Sanbornton and Lisa DiMartino of Gilford pressed the committee and its chairman, County Commissioner Ed Philot (D-Laconia) to develop firm information on a timeline for breaking ground for a new county correctional facility.
Philpot said that the next step for the committee, which he said has stepped back and refocused since it became apparent that a $42 million price tag for a new jail set by a New York consulting firm is out of the question, is to develop  a schematic design based on the community corrections program which has been eyed as the model for a new facility.
''We're convinced that we can reduce that much further and do substantially better on the price,'' said Philpot, who said that at best it would be two to three years before the project is ready to break ground.
''What we know is that we can't continue to operate this way.''
Huot said that a plan with firm information and a timeline is needed ''the sooner the better'' and urged the committee and Belknap County Commissioners to to meet with the Executive Committee of the Belknap County Convention to develop positive communication with the legislators who would be asked to vote for the plan.
''Lay it all out and see how much it costs,'' said Huot, who said that a forceful public presentation in order to gain support is needed and that should include highlighting current deficiencies in facilities and programs.
Philpot said the county has been reluctant to create a high profile on the current facility's problems due to concern that it will cause legal actions to be brought against the county, leading to having a federal judge in control.
Belknap County Corrections Superintendent Dan Ward said that there are currently 140 inmates  in the facility, which is designed for 120, and that the 17 women inmates are housed in the gymnasium, which keeps that part of the facility from being used for recreation during the months when outside recreation is limited.
''We've been sending upwards of 30 people away (to facilities in other counties) during recent months.  If we install a temporary facility we get all of the prisoners back and get the use of the gymnasium back as well as have some program space,'' Ward told the committee.
He said that the land where the temporary facility would be  located is level and located just to the right of the current jail and that all power, water and sewer lines can be connected directly on site and no changes would be needed to the road which serves the jail.
Ward said that the 50 foot by 100 foot temporary unit provides both fixed cells as well as dorm space and is divided by a middle wall which would allow male and female prisoners to be housed on different sides of the same structure.
“We have 50 employees and 130 inmates and can't continue to operate the facility this way” said Ward.
He said that the county could be put in a position where it would need as many as four more temporary structures during construction of a facility if it involves extensive renovation or repairs of the current structure.
County Administrator Debra Shackett said that even if the temporary housing is acquired, it won't solve the structural problems with the current facility, which she said ''is rotting away.''
She said the new HVAC system is needed as soon as possible because ''no air is moving and mold is growing'' in the jail.
Shackett also questioned what the county would be getting that it already doesn't have if it spends $500,000 more on a schematic plan for the jail.
Architect Gary Goudreau, who worked on plans for the current jail four years ago and is a member of the jail committee, said that it will allow realistic cost estimates which are based on actual design rather than estimated program and jail spaces.
He said that architectural fees are generally about 8 percent of the entire cost of a building project, which would make it between $2 and $3 million for a $37 million facility and that schematic designs cost about 15 percent of the architectural fees, which would amount to around $475,000 for a schematic design.
''You'll  still have the rest of the architectural fees to pay for a final design you can use for a bid document,'' said Goudreau.

Last Updated on Tuesday, 15 April 2014 11:44

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Briarcrest case headed to trial

LACONIA — Following a brief hearing in Belknap County Superior Court yesterday, the dispute over the future ownership of Briarcrest Estates appears headed for trial in March.

The dispute hinges on a statute enacted in 1987 that requires owners of manufactured housing parks, upon receiving an offer to purchase their park, to "consider any offer received from the tenants or a tenants' association" and to "negotiate in good faith with the tenants concerning a potential purchase." Failure to comply carries a liability to the tenants of $10,000 or 10 percent of the purchase price, whichever is greater.

In July, the Mark and Ruth Mooney, who own the park, accepted an offer from Hometown America Corporation of Chicago to purchase Briarcrest Estates for $10 million. In accord with the law, tenants representing about 40 percent of the 241 units in the park incorporated as the Lakemont Cooperative and matched the $10 million offer.

In response, the Mooneys, represented by attorney Paul Fitzgerald, asked the Belknap County Superior Court to approve the sale of the park to Hometown America, claiming that since a majority of tenants oppose cooperative prefer commercial ownership of the park, approving the transaction would be in keeping with the intent of the statute to safeguard the best interests of tenants. Last week a majority of tenants, represented by attorney Phil McLaughlin, filed a petition with the court opposing the sale of the park to the cooperative along with a motion to intervene in the litigation on behalf of the Mooneys.

The Lakemont Cooperative, represented by attorney Robert Shepherd, asked the court to dismiss the Mooneys' petition, arguing that as the owners of the park they were in no position to represent the interests of its residents. Moreover, the cooperative reminded the court that the law does not prescribe that it include a specific number, let alone the majority, of tenants to make an offer and pursue the transaction.

In objecting to the cooperative's petition to dismiss, Fitzgerald argued that the term "tenants" and "tenants association," which are nowhere defined, are ambiguous, but can only reasonably taken to refer to a majority of the tenants. Consequently, he concludes that the Mooneys "owe(s) conflicting duties of good faith" to both the cooperative and the majority and could face a liability of $1 million for failing to bargain in good faith with either.

Fitzgerald asked the court to resolve the ambiguity of the statute and in the meantime to deny the cooperative's motion to dismiss the case along with its requests to order that the law is not ambiguous and the cooperative does not require a majority. And finally to refrain from ordering the Mooneys to negotiate with the cooperative until the case resolved.

When the parties appeared before Justice James D. O'Neill, III yesterday Shepherd insisted that the law is not at all ambiguous and that Fitzgerald, by reading tenants to mean majority, was seeking to add words to it that amounted to "a distortion of the plain meaning of the statute." He said that since the majority of tenants have not tendered an offer for the park, there was nothing to negotiate with them. By tenants, he said the statute refers to "the tenants who made the offer."

Speaking for the majority of tenants, McLaughlin told the court he was familiar with the legislative history of the statute, which rested on the premise that given the opportunity, a majority of tenants would choose to purchase their parks. Consequently, the statute does not contemplate the circumstances that have arisen at Briarcrest Estates. He offered the court a "hypothetical," wondering how the statute would apply if the majority opposed to cooperative ownership incorporated as a tenants association, offered to acquire the park on terms identical to those proposed by Hometown America and assigned its right to purchase to the commercial entity.

After listening to the arguments presented by all three parties, O'Neill granted the motion of the majority of tenants to intervene and ordered the case to trial on March 22.

Last Updated on Thursday, 21 November 2013 02:16

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