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2nd company advises Belmont Fire's engine 2 is not worth refurbishing

BELMONT — Fire Chief Dave Parenti said yesterday that he has gotten a second opinion regarding the condition of Engine 2 and has recommended to the town administrator that it not be refurbished.

Gary Wadland, a shop foreman for McDevitt Truck in Manchester, said, "I do not believe in my professional opinion it would be in your best interest to invest in refurbishing this unit."

McDevitt's opinion is similar to the one Parenti received on November 4 from Repair Service of New England (RSNE) that evaluated the engine, air system, brake system and radiator.

"Professionally speaking, I would not recommend putting the time nor the money into this unit not knowing what other issues may arise," wrote RSNE owner Ricky Gagnon.

Parenti has discussed adding a warrant article to the 2014 warrant for a $200,000 refurbishment of the engine but had told selectmen he wanted to have the truck evaluated — especially for rusted frame rails.

The RSNE report was presented to selectmen two weeks ago, however no mention was made of the condition of the frame and Selectman Jon Pike asked for a second opinion.

Along with the same problems identified by RSNE with the engine, radiator, air system and brakes, McDevitt said the "major decline is the frame rail and body rust, of what we can see and can't see."

He went on to say that "there is no repair for frame rails having rust between them, only the replacement of the rails."

Parenti said yesterday that Engine 2 is the third engine to respond to a fire. It is a 1997 Pierce ES460. He said that if the department were to refurbish it, he would expect to use it for 10 more years — five as a second line truck and five as a third line truck.

Should the selectmen choose not to refurbish it, he would placing it on the town warrant for 2015 and having it in service by early 2016.

There are three engines in Belmont, said Parenti. Engine 1 is the first response vehicle and is two years old. He said it is scheduled for replacement in 2031. Engine 3 is the second truck to respond and is scheduled for replacement in 2020.

Parenti said Engine 1 is the primary attack engine while Engine 3 is primary used during a fire as a water source. Currently, Engine 2 works as a replacement for either of those two engines when they are out of service for repairs or for simultaneous calls.

Selectmen were scheduled to review the two recommendations at their meeting yesterday.

Last Updated on Tuesday, 19 November 2013 01:30

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Lawyers argue about admissibility of evidence on off day for Eric Grant trial

LACONIA — Attorneys representing the Belknap County prosecutor and Eric Grant, who is on trial for aggravated felonious sexual assault, met briefly in a motions hearing yesterday to argue whether or not a judge should allow evidence that the alleged victim was harming herself.

Grant is on trial for for allegedly digitally penetrating the girl, 10 at the time, at a 2006 New Year's Eve party at his house. The girl made her accusations during a therapy session in April of 2012, six years later. She and her immediate family live in California.

At the time of the alleged assault, Grant was married to the girl's mother's sister and they lived in Gilford. The girl and her family were visiting the area.

Asst. Belknap County Prosecutor Carley Ahern had asked the judge on Thursday to allow evidence of self-mutilation after the victim mentioned it while testifying on the first day of Grant's trial.

Ahern said yesterday she has no intention of using evidence of the girl's self-mutilation as evidence of rape. However, she does want to use to illustrate to the jury the girl's state of mind.

She said once the girl's mother knew she was no longer self-harming, the girl started smoking pot. Ahern said it's an attempt by the state to show the girl was "struggling."

Emily McLaughlin, who is defending Grant, has objected to admitting the self-harming for a number of reasons. She said yesterday that if Ahern is not eliciting the girl's self-harming as evidence then she has contradicted what she told the court in a hearing on Thursday.

"I thought long and hard about how to defend this case," McLaughlin said to Judge James O'Neill, arguing yesterday that self-harming testimony would entail the use of expert witnesses and she was assured before the trial that Ahern would not be presenting any expert testimony nor would she need to prepare for it.

She also filed a motion requesting O'Neill stops Belknap County Deputy Sheriff Judy Estes from presenting any expert testimony. Estes investigated the case of behalf of the sheriff's department and is scheduled to testify today.

Ahern said she didn't object and was only going to elicit testimony from Estes about her investigation of the case and not as an "expert," presumably of rape or any psychological aftermath of rape.

McLaughlin also requested that the most recent written motions and their written responses be sealed — meaning only the attorneys and the judge and his clerks have access to them.

Ahern said she has no objections so O'Neill granted McLaughlin's motion, although he noted most of the recent revelations have been made in open testimony.

O'Neill said he would issue his final ruling on whether or not the self-mutilation as well as two family pictures apparently showing the girl and Grant together on two separate vacations after the alleged rape can be admitted.

McLaughlin wanted the two pictures entered as evidence — meaning the jury would be able to see them. Ahern has objected because she said they are two moments in time and are not reflective of the overall feelings of the girl toward her uncle.

During testimony last week, the alleged victim, her mother and her step-father all testified that after the alleged assault on New Year's Eve of 2006 she didn't want to be around Grant.

He mother testified that she forced the girl to be nice when Grant and he and his family visited them in California the next year and that she made her go to Jamaica on a family trip in 2011.

No jurors were present for Thursday's argument nor were they present yesterday. Testimony is scheduled to resume at 10 a.m. this morning.

Last Updated on Tuesday, 19 November 2013 01:27

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Governor visits Forrester turf to push for Medicaid expansion

PLYMOUTH — Governor Maggie Hassan called on Republican members of the N.H. Senate to compromise on health care expansion when she and Democratic legislative leaders spoke at a press conference at the Whole Village Family Resources Center here on Monday morning. It was not coincidental that the location of the gathering was in the district of Republican Senator Jeanie Forrester of Meredith, chairman of the powerful Senate Finance Committee.
The House and Senate will vote this Thursday on whether to expand Medicaid to about 49,000 poor adults but committees in both chambers differ on how to implement the expansion. A proposal by the Republican Senate shifts the adults out of a state managed care program to private insurance through the federal insurance marketplace in 2015.
But Hassan and fellow Democrats say that isn't feasible as there is only one insurance company that's interested in providing insurance in the federal health exchange. "The bill lacks workable, achievable and realistic timelines and includes no measures to ensure competition and cost-effectiveness on the exchange," said Hassan
She and Speaker of the House Terie Norelli have offered a compromise path which would adopt the Senate proposal to shift the entire newly eligible population of individuals and families with incomes at 0 to 133 percent of the federal poverty level for income onto the New Hampshire's health insurance exchange with premium assistance, but on a three year timeline.
''The proposal allows for workable, responsible and effective implementation, including increased competition to ensure cost-effectiveness on the exchange'' said Hassan, who maintains that the Senate bill will not work.
She said that both plans will require federal waivers and would end the expansion if federal financial support fell below promised levels. The Senate would give the government one year to approve its use of the marketplace or the expansion would end.
The Senate plan would end automatically at the end of three years when federal funding begins dropping below 100 percent unless the Legislature reauthorizes the program. The federal government is scheduled to pick up 90 percent of the cost of Medicaid expansion after the first three years.
Hassan said that the stakes are high with $2.5 billion in federal funds hanging in the balance and said that failure to enact health care expansion by January 1 will cost the state $500,000 a day for every day that it is delayed.
She said that Republican Senate leadership has taken a ''my way or the highway'' approach over the deadline for implementation, which she said is unrealistic and can't be accomplished in a short time frame.
Hassan said that she was confident that there are members of the Senate (where the GOP holds a 13-11 edge) who still want to get health care expansion done and appealed to Forrester to work with her.
''I know how important preventing substance and alcohol abuse is to Senator Forrester. Just last month, New Futures of New Hampshire named Senator Forrester Legislator of the Year for her efforts to increase drug and alcohol prevention funding. I hope that Senator Forrester and her colleagues will put the hard-working people and families of our state first and negotiate constructively to finalize a New Hampshire plan that can be implemented successfully and responsibly.''
Also speaking at the press conference were Norelli, Senate Minority Leader Sylvia Larsen, and Michelle McEwen, president and CEO of Speare Memorial Hospital.


CAPTION: Hassan Medicaid in AA

Governor Maggie Hassan speaks at a press conference at the Whole Village Family Resources Center in Plymouth on Monday at which she urged Republican senators to compromise on a health care expansion plan whose fate will be decided by the legislature on Thursday. Senator Andrew Hosmer (D-Laconia) is at the left and House Seaker Terie Norelli, is second from right. (Roger Amsden/for The Laconia Daily Sun)

Last Updated on Tuesday, 19 November 2013 01:20

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Owner seeks demolition permit for Hathaway House

LACONIA — Cafua Management Company, LLC, the Dunkin' Donuts franchise owner of the historic Hathaway House at 1106 Union Avenue, is in the process of seeking a demolition permit to raze the Victorian mansion built in 1870.

As of Monday, Greg Nolan, director of development at Cafua, has distributed applications for a demolition permit to some — Public Works and Fire — but not all of the appropriate city departments. The process requires applications, which can be downloaded from the city website, to be signed by officials of the Department of Public Works, Water Department, Fire Department and Planning Department as well as the gas and electric utilities servicing the property then submitted to the Code Enforcement officer.

A Planning Department representative said Monday it has not seen a copy of the application as of yet and Code Enforcement reported the same.

Because the Hathaway House is of more than 700-square-feet in area and 75 years old, as well as visible from a public right-of-way, the application must also be presented to the Heritage Commission for review. Pam Clark, who chairs the Heritage Commission, said yesterday that she will decline to sign the demolition permit and instead will schedule a public hearing in an effort to preserve the building. She said that despite repeated attempts she has been unable to reach Nolan, who has also failed to return calls from The Daily Sun.

Once the commission schedules a public hearing, the owner is required by ordinance to post a sign to that effect, along with the date, time and place of the hearing, on the building in plain sight. Should the public hearing close without agreement on an alternative to demolition, the Heritage Commission shall meet with the owner within 10 days to seek agreement on an alternative. Without an agreement to preserve the building, the owner may proceed with demolition while the Heritage Commission, with the consent of the owner, shall photograph and document the building as well as encourage the owner to salvage any important architectural features.

On Saturday, members of the city's Heritage Commission picketed at the Dunkin' Donuts store next door to the Hathaway House protesting what they said was the deliberate neglect of the Hathaway House. Carrying banners that read ''Dunkin' Donuts Lied'' and ''Anywhere But Here'' the protesters passed out leaflets explaining why they were picketing and urged customers to boycott Dunkin' Donuts at a number of locations, including both Union Avenue and South Main Street as well
as the Mobil Mart and Airport Country Store in Gilford and near the traffic circle in Alton.

''This is demolition by neglect'' said Clark, who said that it has been obvious that Cafua has been preparing to demolish it for some time. ''They promised to maintain it and lease it or sell it five years ago. But they haven't. The roof is leaking and they hired a crew to knockout the windows, remove asbestos and board up the building a few weeks ago. But it's not too late to save it if people will speak up,'' said Clark.
She said that in addition to the boycott a petition drive is being launched in opposition to the building's demolition.

Dorothy Duffy of the Heritage Commission said that she is disappointed in Laconia for not acting more aggressively to preserve older buildings. "We should be paying more attention. Just recently we've lost the Tilton House, the Putnam House and the Baker House. It's sad to see these buildings which were such a big part of our city's history lost,'' said Duffy.

Mary Jane Hoey, another member of the commission, said that the owners have made no attempt to sell or lease the building and that there were no answers to telephone inquiries made about the property.

Charlie St. Clair, whose parents operated the Hathaway House clothing store from 1957 until the 1970s at the property, said ''the city should have learned from what happened to O'Shea's (the former Moulton Opera House building which was demolished during "urban renewal" in the 1970s). This is our history and it shouldn't be torn down.''

The controversy surrounding the Hathaway House began in 2008. Cafua, the largest Dunkin' Donuts franchisee in the Northeast, acquired the property in 2000. In 2008 the firm proposed razing the house and constructing a Dunkin' Donuts store and strip mall on the property. However, after a series of meetings with city officials and concerned citizens, Cafua agreed to preserve the Hathaway House and build the Dunkin' Donuts outlet on the remaining 0.75-acre parcel.

When the project was approved, Nolan assured the Planning Board that the Hathaway House would be repainted as well as fitted with a fire alarm and fire suppression system. He said the company had no plans for the building other than to preserve it. In July 2010, when the The Citizen published a story implying that Cafua intended to relinquish control of the building, Nolan told the Planning Department, according to former Assistant Director Seth Creighton, that although the company sought to sell or lease the property, "there will be a condition that the house cannot be scrapped." He repeated that he intended to paint the building, but conceded that the work had yet to be scheduled. He also said he had demanded the newspaper apologize for its story or risk litigation.

The fate of the Hathaway House led to the establishment of the Heritage Commission in 2008. The commission, consisting of five members, is charged with surveying and inventorying the city's cultural and historic resources, including buildings of historic and architectural significance and advise the Planning Board and other agencies on managing and protecting them.

The home was built in 1870 by Samuel C. Clark, a prominent attorney in Lakeport, then known as Lake Village. Clark was born in Lake Village on January 9, 1832, when Andrew Jackson began his second term as president of the United States. He was schooled in Gilford and at the New Hampton Academy then studied law with Stephen Lyford of Laconia and Asa Fowler of Laconia. In 1857, Clark was admitted to the New Hampshire Bar and named Clerk of the Court in Belknap County, a
position he held until 1874.
Clark served two two-year terms the New Hampshire House of Representatives, the first in 1867 and the second 10 years later. Meanwhile, he was named assistant Clerk of the House in 1870 and 1872 and clerk in 1873 and 1875. Perhaps his initial political success went to his head, because Clark, who was called "Squire," had begun to fancy himself a future governor and intended the house would be his official residence.
Although he never became governor, Clark earned notoriety and respect in the the community. He was a promoter and director of the Laconia and Lake Village Horse Railroad and during the Civil War served as deputy provost marshal, overseeing the military police. Later he was a director of both Laconia National Bank and Lake Village Savings Bank.
All the while he maintained a lively law practice at the Clark Block on Elm Street. Clark died unexpectedly on March 19, 1897 after a brief bout of pneumonia.
Clark and his wife Clarissa had three children. A son Samuel Clarence, born in 1857, died in infancy, but three years later Clarissa gave birth to twins, Samuel Clarence, known as Samuel, Jr. and Claribel.
Samuel, Jr. married but sired no offspring. He died in December, 1901, eleven months after his mother passed away at the age of 66. Claribel, who never married, lived in the family home while traveling frequently and widely, until her death at 93 in 1953. Local legend has it that her ghost has stalked the mansion ever since.
Four years later, the St. Clairs acquired the property. In September 1957, The Laconia Evening Citizen reported that the St. Clairs, Constance and her husband Richard, had restored the house to its "Victorian splendor" inside and out to house a clothing store called the Hathaway House.
"All Laconia has watched with interest and appreciation the work as it has progressed," wrote City Editor Ebba M. Janson, "and the couple have received many letters from persons who visited the house years ago thanking them." The exterior of the house was painted a gray beige, setting off the distinctive white woodwork, while the interior was decorated with Victorian wall papers and period hues and graced with elegant chandeliers. The weathervane and cupola, sold earlier to an antique dealer, were returned to the barn.
In the 1970s, the St. Clairs sold the property, which became home to a string of businesses before it was acquired in 2000 by an affiliate of Cafua.


CAPTION Charlie St. Clair, whose mother once owned the Hathaway House (background) and operated a woman's clothing store in it, pickets in front of Dunkin' Donuts Saturday to protest neglect of the building, which the owner wants to demolish. (Roger Amsden/for The Laconia Daily Sun)

Last Updated on Tuesday, 19 November 2013 01:15

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