Will council reconsider marina decision?

LACONIA — When the City Council meets next on July 13, it will consider the request of Erica Blizzard, who owns and operates Lakeport Landing Marina, to reconsider its decision to sell the property her firm has leased from the city for the past 30 years to its neighbor and competitor, Irwin Marine.

When the council met earlier this week, Blizzard reminded councilors of the process leading to the decision. After receiving offers from both Lakeport Landing and Irwin Marine, the council asked City Manager Scott Myers to hold "informal conversations" with the two parties to gauge their reactions to terms and conditions the council expected to attach to the sale of the property and report to the council when it met on Monday, June 8.

Myers wrote to both parties on June 1 and, in addition to outlining the conditions specified by council, asked each to submit their "highest and best offers" for the property to his office by 4 p.m. on June 8. Blizzard said that she understood that the council would weigh all aspects of the responses, but continue negotiations without making a final decision, much less a decision based solely on the offers submitted, on June 8.

But, after meeting privately for 40 minutes the councilors voted 4-2 to accept Irwin Marine's offer of $528,000 for the property. Blizzard said that had she known the council would accept the highest offer she would not have submitted her original offer of $331,400, but a higher one.

After Blizzard addressed the council, Councilor Brenda Baer (Ward 4), who with Councilor Armand Bolduc (Ward 6) voted not to sell to Irwin Marine,  asked the council to suspend its rules in order to create an opportunity to reconsider its decision. The council's rules of procedure stipulate that motions to reconsider votes be made at the same meeting the votes are taken, or by written notice at the next meeting. In this case, neither deadline was met. Reconsideration motions must be made by a councilor who voted with the prevailing side.

A two-thirds majority of the six councilors is required to suspend rules. Suspending the rule is the first of two hurdles that must be cleared before reconsidering the original vote. In addition, a councilor who voted to sell the property to Irwin Marine must offer the motion to reconsider the vote and that vote would have to pass by a a majority vote.

Mayor Ed Engler asked City Manager Scott Myers if he believed Baer's motion was in order. Myers replied that no substantial event, such as entering a purchase and sales agreement, had occurred since the council voted on June 8 that would forestall reconsideration of the vote, but suggested seeking the advice of legal counsel. Myers subsequently informed the councilors that a motion to suspend rules would be in order when the council meets on July 13. At the same time, he explained that if the council chooses to suspend its rule, then one of the four councilors who voted in the majority when the decision was made — Councilor Ava Doyle (Ward 1), David Bownes (Ward 2), Henry Lipman (Ward 3) or Bob Hamel (Ward 5) — must offer a motion to reconsider that vote. Any of the six councilors could second the motion to enable he council to debate whether to rescind its vote to sell the property to Irwin Marine, which would require a simple majority vote.

The property, a 0.81 acre strip between the roadway and railway, was leased to Lakeport Landing in 1985 for 10 years with two 10-year renewal periods. The lease will expire this Oct. 31, and the tenant has no renewal rights. In 1987 Lakeport Landing constructed a 9,840-square-foot building on the lot. Under the terms of the lease, ownership of building will go to the city at the expiration date. An independent appraiser pegged the value of the property at $480,000

Trash talk: Gilford looks to 'control own destiny'?

GILFORD — Selectmen voted unanimously Wednesday to approve a memorandum of understanding (MOU) between the town and the city of Laconia outlining the status of an agreement regarding the Laconia (trash) Transfer Station.

The MOU puts on paper the financial agreement between the two communities and is effective July 1 or when the city of Laconia also approves it. It is also gives the town a solid point in time should it decide to leave the arrangement with the city and build it's own transfer station.

"This is a good starting point for winding down our relationship," said Town Administrator who worked with Laconia City Manager Scott Myers on the MOU.

Dunn said yesterday that no decisions have been made regarding the town building it's own transfer station but a Solid Waste Committee has been formed and is looking at the future of Gilford and its garbage. He said that the rubbish relationship between the two communities has been a good one.

However, he said, there is a sense among some people in Gilford that "the town should control its own destiny". He said that the committee is evaluating the recycling station property on Kimball Road for future use and says is is likely large enough to hold a transfer station.

Dunn said there was a stump dump there years ago but otherwise the property should be suitable if that's the direction the committee and the selectmen would like to go.

"It's a lengthy permitting process with restrictions from the old stump dump, but I think it's big enough," he said.

According to the MOU approved by selectmen, the city of Laconia retains the first $5 per load of all revenues collected from Gilford residents and commercial haulers, which pays for scale expenses that include staff, maintenance, future upgrades, and administrator services.

The next $10 per load from town residents and commercial haulers is retained by the city to pay for capital upgrades. Anything above this is returned to Gilford as revenue sharing.

According to Laconia Finance Director Donna Woodeman, the city took out a 10-year loan in fiscal year 2009 for $1,045,000 of capital upgrades. She said the bonds will be retired by fiscal year 2019 — or in three years. Gilford's portion of this, according to the MOU, is $377,862 plus interest and administrative fees totaling $54,091.

Gilford pays 31-percent of the disposal (tipping) fees due at the Concord Regional Solid Waste Resource Recovery Cooperative incinerator and or to Waste Management of New Hampshire and Laconia pays the 69-percent balance. The MOU states that these proportions could change by mutual agreement.

The MOU also states that the agreement can be terminated by either party with 180 days notice.

Dunn said it is too soon to tell if it is the will of the Solid Waste Committee and the Seletboard that the town build its own transfer station. He said the committee is talking about many rubbish related things, including the cost of transporting recyclables and the possibility of curb-side pickup.

Should building its own transfer station be the recommendation of Gilford's committee  and the selectmen, Dunn said there would be a bond article on a future warrant to pay for it and the three-year time period left on the town's portion of the Laconia Transfer Station bond is about the amount of time it would take to get a bond approved and build a new facility.

1st Safety Board report on Laconia plane crash describes eyewitness report

LACONIA — The National Transportation Safety Board released it's preliminary report on the June 18 plane crash that injured the president of a local insurance company.

The crash occurred at 8:45 a.m. and Tom Volpe was piloting the plane. He had just taken off from a private runway on his property on Hadley Road. He crashed in a field about 400 feet south west from where he took off.

Volpe was extricated by firefighters from the plane and taken by helicopter to Dartmouth-Hitchcock Medical Center in Lebanon for serious injuries. As of yesterday his condition had been upgraded to satisfactory, according to a media representative from the hospital.

The report said that a female witness to the crash said she heard the plane "on the takeoff roll and turned around to watch it depart." She said she watched the Piper PA-22-150 take off and begin climbing to the south when the engine started "'spitting and sputtering."

She said Volpe banked right and began heading toward her but said "the pilot saw her standing there so he banked to the left." She said Volpe "pulled up to avoid hitting a house, entered a right turn and descended into the field."

The witness told investigators she heard a "pop, pop" as it climbed over the house but told them Volpe was flying it all of the time but "' in trouble' from the time he took-off until the impact."

Volpe, said investigators, was flying to Hampton Airport in the Seacoast area and had not filed  a flight plan. The report said the visual meteorological conditions prevailed for a personal flight under federal regulations. He was medically certified by the FAA in October of 2014 and reported a total of 905 flight hours. He holds a private pilot certificate for a single-engine land (not water) and instrument airplane.

The report said the both of the plane's wings and the firewall were damaged while the empennage (or tail assembly) and tail control section were not. There was no fire.

The plane was removed from the property on the day of the crash and secured by the NTSB.


Man charged with killing kitten by throwing it against wall during domestic dispute

LACONIA — A local man who allegedly threw a two-week old kitten against a wall and killed it during an argument with his girlfriend was released on $10,000 personal recognizance bail yesterday morning.

Police said Donald Dube, 50, of 324 Union Avenue also assaulted his girlfriend twice during the argument at her apartment at 95 Union Ave. at 11:40 p.m. Thursday night.

He appeared by video yesterday morning in the 4th Circuit Court, Laconia Division.

A media release said that when police arrived at the scene, the victim appeared to have been assaulted and the kitten was dead.

Dube was charged with two separate counts of domestic-violence related simple assault, two counts of simple assault, one felony count of cruelty to animals and one misdemeanor count of cruelty to animals.

Police said yesterday that they didn't ask for cash-only bail because Dube has had very little criminal activity and the assaults allegedly involved pushing.

The two counts of cruelty to animals reflects two different theories of how the kitten died. The felony alleges that Dube threw the kitten against a wall while the misdemeanor alleges that he fell on the kitten during the argument.

Police also said that Dube did not appear to be intoxicated during the assault.

Conditions of his release were that he stay away from 95 Church St. and the victim, that he have no contact or purchase any animals, that he refrain from all alcohol and non-prescribed drugs, and that he possess no firearms or ammunition.

The last two bail conditions are standard in Judge Jim Carroll's bail orders when someone is charged with any crime.