by Thomas P. Caldwell
HILL — Attorney John Teague pronounced the efforts of the Hill School District AREA Withdrawal Study Committee a "good attempt at addressing the somewhat vague points" the State Board of Education had requested following a hearing in Concord last month.
Others attending Monday's meeting were not as satisfied with the discussion, and Franklin School Board Vice-Chair Greg Husband abstained from the vote to approve the compilation of the information for a review and formal vote next Monday, April 14.
The study committee met April 7 to address the two points the State Board of Education outlined in a letter following the March 26 hearing in Concord. State Board Chair Tom Raffio wrote that the withdrawal plan needed additional information about the disposal of property and the assumption of liabilities upon the dissolution of the AREA agreement between the Franklin and Hill school districts; and it lacked a detailed analysis of the financial and educational consequences of the proposed withdrawal.
Until Monday, Franklin had not participated in the study initiated last November. After appointing representatives to the committee, the city tabled the matter and Hill's representatives met alone to draft the document that seeks to end the Hill School District's tuition agreement with Franklin. Although the law allows 180 days to draft such a report, the study committee completed it in 42 days, aided in its efforts by prior discussions about withdrawing from the Franklin school system.
Hill is looking to be freed of the agreement so it can negotiate tuition agreements with Winnisquam or Newfound as well as Franklin. Although it might send students elsewhere, the school district is not looking to separate from School Administrative Unit 18 which oversees the Franklin and Hill school districts.
Franklin School Board Chair Tammy Feener questioned why Hill would want to remain a part of SAU 18 if it was sending its students elsewhere. "Wouldn't you want a say in what their education was?" she asked.
Hill board members responded that they are only looking at the tuition agreements at present, although they might consider withdrawing from SAU 18 at a future point. Others pointed out that Hill currently has no say in the education of students attending Franklin schools, as SAU 18 uses a weighted vote system that effectively denies Hill a chance to participate: Franklin's vote always trumps Hill's under the current policy.
In addressing the first point in the state board's letter, SAU 18 Business Administrator Michael O'Neill reviewed the rental factor built into the current tuition agreement. He said it is based on the annual bond payment for the high school, divided by the average daily membership. That figure currently stands at $376.83, he said.
O'Neill also noted that state statute calls for any debt remaining to be paid until the end of the bond. In the case of the Franklin School District, that debt amounts to about $250,000 a year which would be allocated according to the projected enrollment.
He also noted that Hill would be responsible for its portion of state building aid. At the time of the bond, the state provided 30 percent of the cost of building, plus 10 percent for each district in an AREA agreement. Hill would be obligated to make up that 10 percent, or $25,000 per year, for the next five years, O'Neill said.
It was when the committee took up the state board's second point — the educational and financial consequences of Hill's leaving the district — that the discussion grew heated. The committee had asked Franklin High School Principal Richard Towne for an analysis of class sizes with and without Hill students. For most courses, the removal of Hill students would not have a great impact on average class sizes. Exceptions are in mathematics, where class sizes would be halved, and in honors courses where the impact might call into question Franklin's ability to continue offering the classes.
Towne said that, when there are fewer than 10 students in a class, the district has to take a hard look at whether it should continue offering that class. AP Calculus 2, which has only three students now, would have a single student if Hill pulled out. Physics I currently has nine students and that number would drop to six if the Hill students left.
Husband said the educational consequences could be even greater, as Hill contributes $650,000 to the Franklin School District budget. It would be likely that the city could not take such a financial hit without eliminating some teaching positions, thus affecting educational offerings in Franklin.
Hill representatives argued that, since they would not necessarily leave Franklin, and since students currently in the Franklin school system might choose to remain there until they graduate from high school, the loss of that much money would not necessarily follow, and if Hill did withdraw, Franklin would have time to make adjustments over the next five years while some Hill students remained in the high school.
On a different point, Towne pointed out that the report that had gone to the state board inaccurately reflected the number of classes offered in each of the three school districts under consideration. Winnisquam's course listings included classes that take place at the Huot Regional Technical Education Center in Laconia but those classes were not included under Franklin, although Franklin also sends students to the Laconia tech center. Likewise, Franklin students take part in some of the classes that Winnisquam offers at its agricultural center. He agreed to provide an updated course list so the offerings would be accurately listed in the charts.
The information discussed Monday night will be assembled as an addendum to the earlier report and the study committee will meet on the 14th to formally approve the changes.
"The state board really wanted to be sure that Franklin had an opportunity to take part in this," Teague concluded.
Last Updated on Wednesday, 09 April 2014 12:58
LACONIA — A Belknap County Superior Court judge will not dismiss a lawsuit against the city for selling a home that was contaminated by lead paint to a family who claims their son was harmed by the lead.
Stephanie Randall and her minor son have filed suit for negligence, negligent misrepresentation, and violating the Consumer Protection Act, claiming the city failed to disclose that the house they bought on 192 Elm Street in 2003 was contaminated.
The suit was originally filed in 2012, nine years after Jamison Randall bought the home from the city. At the time of the sale, the city allegedly failed to provide Jamison Randall with the proper lead paint remediation documentation.
Three years after he purchased the home or in 2006, his son was born. In 2008, the Randalls learned their son had a blood lead level of 21 mg/dl; 5 mg/dl is considered the highest acceptable level.
The suit claims the child has developmental and cognitive disorders caused by lead paint ingestion.
According to background information provided in Judge James O'Neill's ruling of March 27, 2013, Library Director Randy Brough told Jamison Randall that the house had previously been used as group home so it would have to have been remediated. The library used it for storage prior to the sale.
Although Jamison Randall had an inspection done before he bought the house, he contends the city had a duty to provide him with the report of a 1996 inspection performed by Alpha Lead Consultants, Inc.
Alpha reported that lead-based paint was present in the home. The Alpha report was disclosed to the city when it purchased the house in 1998. The Library maintained a copy of the report in its files, however it was not turned over to Jamison Randall in the course of the sale to him.
The Alpha report was turned over to the family's attorney as part of the initial discovery process after the suit was filed.
The city had tried in 2012 to get the case dismissed, arguing that the statute of limitations, from the time of the sale to the date the injury was first discovered, had expired.
The trial court originally agreed with the city in a summary judgment ruling. However in May of 2012 the U.S. Court of Appeals, First Circuit, overturned the ruling, concluding that the Randalls could not have known of the injury within three years of the sale, because the child wasn't born yet.
With the case once again alive, in late 2013 the city asked the trial court to dismiss the suit. After a hearing in February, O'Neill ruled the case could go forward to trial.
When contacted yesterday, City Manager Scott Myers said he couldn't discuss ongoing litigation but noted the city is working with its attorneys and the Randall's attorneys.
Last Updated on Wednesday, 09 April 2014 12:51
LACONIA — A man who lives in a tent behind the Lowe's Home Improvement store in Gilford is being held on $5,000 cash-only bail after he allegedly cut someone's hand with a knife during an altercation on Elm Street Sunday night.
Affidavits said Trevor Bond, 30, argued with a friend over a pizza while the two were in the victim's home at 210 Endicott Street North in Laconia.
The victim said Bond has threatened him with a knife because the victim told him Bond couldn't cook his pizza and had asked him to leave. He also said Bond ripped off his oven door.
The victim's injuries were minor and he said he got them fending off the Bond and the kitchen knife.
Both the victim and a second person who was in an adjoining bedroom said Bond allegedly threatened several times to kill the victim.
Bond is facing one count of second-degree assault, one count of criminal threatening with a deadly weapon, and one count of criminal mischief.
In court on Monday, Prosecutor Jim Sawyer said Bond suffers from some mental health issues and although he is not a fight risk, argued that he presents a danger to himself and to others.
He said he would agree to converting Bond's cash bail to personal recognizance bail if Bond is admitted to the N.H. State Hospital in Concord.
Sawyer noted that Bond is already on bail for a similar instance with a knife when he allegedly threatened someone who was trying to hold him.
Bond's public defender said that although her client lives in a tent behind Lowes, he has a fixed address on Hoyt Road and will not leave the area. She argued that Bond should be released on personal recognizance bail because he has been seeing a councilor at Genesis Behavioral Health and she would not want his therapy to be interrupted.
Judge Jim Carroll agreed that Bond is a danger to himself and others but said he would convert the bail to personal recognizance if he was admitted to the N.H. State Hospital.
Bond tried to speak a number of times during the video hearing but Carroll advised him to speak to his lawyer. Apparently either during or after the telephone conversation Bond had with his lawyer, he became upset and destroyed the cellular phone offered by the jail to communicate with her.
Last Updated on Wednesday, 09 April 2014 12:36
BELMONT — Search warrant affidavits obtained from the 4th Circuit Court, Laconia Division indicate the police are investigating the sudden death of a 23-year-old man on April 4 as a possible heroin overdose.
The paperwork indicates that when first responders arrived just after 4 a.m., one of five people who were in the mobile home at 7 Northbrook Road was performing CPR on Camren Ess, who he found laying on the bathroom floor, unconscious and not breathing.
The person performing CPR said he found Ess slumped over and sitting cross-legged on the floor.
The first responding police officer noticed a spoon containing brown solid matter which appeared to be heroin on the bathroom sink. He also saw an orange cap that he recognized as coming from a hypodermic needle.
Police affidavits said the official resident of the house is a man who is diabetic and keeps syringes in the house for emergency glucose injections. He was not in the home that night because he is in the hospital.
Apparently Ess didn't live at 7 Northbrook Road but was known to occasionally sleep there.
The diabetic man's mother — who doesn't live there — told police that her son's syringes had gradually been disappearing and she thought someone was pilfering them. She said he had a new box and there should be more than there were.
On the day in question, said affidavits, a total of six people, or three couples, were in the home. One couple told police they were sleeping in the bedroom and had no idea what was happening in the rest of the house.
A second couple that included Ess, was already in the home when a third couple arrived at 2 a.m. Apparently, a third man came to the home along with the third couple and left almost immediately.
Three of the surviving people told police they were all in the living room watching a movie on Netflix and all fell asleep.
The late arriving couple told police that at some point they woke up and went to the bathroom to "hook up". When they reached the bathroom, they told police they found Ess laying on the bathroom floor.
The male began administering CPR and someone else called 9-1-1.
After 18 minutes, first responders were able to get a faint pulse however Ess died about 16 hours later. When one of the females in the house told first responders Ess had been doing heroin, firefighters administered NARCAN or Naloxone, which if administered in time can negate the effects of an opiate overdose.
Affidavits indicated that had Ess survived, he likely would have suffered severe brain damage.
The application for the search warrant said police were searching the house, the property, and any and all outbuildings for evidence of possession of a controlled drugs or narcotics. Police also asked for and received permission to seize the television, any television components associated with a Netflix account and cell phones.
Judge Jim Carroll granted the search warrant on April 4. Police maintained a secure perimeter while Belmont detectives secured it.
There is a candlelight vigil being held for Ess on Friday at Belmont's Sargent Park at 5 p.m.
Facebook postings include a number of people who responded to a posting that said "I hate heroin" by checking that they agree.
One person wrote that all are welcome at the vigil however they are to leave their drugs and alcohol at home and show up only if they want to remember what a good person Ess was.
Police said it could take as much as six to eight weeks for the state lab to officially determine how Ess died.
Last Updated on Wednesday, 09 April 2014 02:03
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