GILMANTON — The Police Department prosecutor here has asked Judge Jim Carroll of the 4th Circuit Court, Laconia Division to reconsider his ruling to dismiss a charge of attempted theft against a former town firefighter.
The motion says that Carroll's decision to dismiss the charge against Bryon McSharry was in response to an oral motion made by his attorney that the prosecution responded to in writing.
"The issue before the court, as the state understood it, was whether the McSharry could legally be charged with attempted theft, not whether there was sufficient evidence to prove attempt," wrote Prosecutor Dave Estes.
The state argues that it was prepared to go to trail and can prove that McSharry was, at the time of the alleged attempted theft, a call firefighter with Gilmanton, but that he had not been at the fire department for a number of months.
On October 18, 2013 at 4 a.m., said the prosecution, McSharry was seen at the Gilmanton Fire Station by a "credible witness" who said he removed a gas key from the Gilmanton Fire Department's forestry vehicle, drove his personal vehicle to the gas pumps, and then returned the key to the original location.
When confronted, police argue that McSharry didn't provide a credible explanation.
Estes said the state should have an opportunity to present its evidence to Carroll at a bench trial so he assess the totality of the circumstances and credibility of the witnesses.
On February 19, Carroll ruled that the Court was not persuaded with the additional review of the state's pleadings and the particulars of this case "fail to satisfy the statute's required purposeful substantial step toward the commission of a crime."
Last Updated on Thursday, 06 March 2014 01:31
LACONIA — Students in the city's public schools are becoming increasingly proficient in mathematics and reading, according to standardized test results.
Assistant Superintendent Kirk Bleiter gave the School Board an overview of the latest results from the Northwest Evaluation Assessment tests to the School Board Tuesday evening.
Bleiter and other district curriculum specialists told the board that overall Laconia students are performing better than the national average in the reading and mathematical skills.
NWEA tests are being administered three times a year to Laconia students in the third through 10th grades, Bleiter said.
The assessment tests, which are built on Common Core State Standards, are designed to allow teachers and administrators to assess students' learning levels on the new standards and monitor students' development on a continuing and ongoing basis.
The results show that Laconia students are more proficient in math when compared to results of the New England Common Assessment Program — or NECAP — tests which were administered under the federal No Child Left Behind education program. Proficiency in reading also increased significantly, the board was told.
The data collected from the assessment tests also reveal that students are doing better in retaining what they learn from a prior year. One area of concern, however, is that sixth-graders score below the national average in reading. Bleiter said part of that may be that students often experience difficulty in making the transition from the smaller elementary schools with one teacher for all subjects to the larger middle school with different teachers for differing courses.
Bleiter said that giving the NWEA test three times a year allows teachers and administrators to make changes or corrections to their instructions in order to better ensure that students will be able to master the material of a particular course.
School Board member Scott Vachon said that the NWEA tests are a valuable tool because "students are getting real intervention (from teachers) in real time. This will make them more successful in school and more successful after they leave school."
Referring to those Common Core critics who have alleged that collecting data on students is an invasion of privacy, Vachon said, "People who are afraid of data collection should look at what we're getting out of it."
NOTE: Superintendent Teri Forsten told the board that she is looking at the possibility of filling the Elm Street School principal vacancy with someone already working in the school system. She said she has identified some internal candidates and recommended delay starting a full-fledged search process until the middle of the month by which time she would have the opportunity to talk with the internal candidates. Jim Chase is serving as interim principal.
Last Updated on Thursday, 06 March 2014 01:15
BELMONT — The three candidates for the one available seat on the Board of Selectmen made their final pitch for Belmont voters at a sparsely attended candidates' forum at the High School Tuesday night.
Candidate Dan McLelland, Sr. said his familiarity with Belmont's town government makes him the best qualified candidate. He served as a selectman before resigning his seat to become town administrator, a position he held from 2000 to 2005. Before that he had served on the Budget Committee.
Completely retired now, he said he has the time to devote to the town and said he would address issues that had been before the town since 2000 — the town hall building, the preservation of the Gale School and the completion of one Belmont section of the WOW Trail.
He said he inherited the Belmont Mill (as town administrator) when it was about three-quarters finished and he said there were a lot of problems then and he's not surprised there are problems today.
Incumbent Ron Cormier said he is running for a fourth term because he wants to see the Belmont Village Revitalization project through to its completion.
Born in Belmont, Cormier is raising his family and said he got interested in town government when he took over his family home in 2005 and got his first tax bill.
Since then, he said he's learned that "it's not as easy to lower a tax bill" as he thought it would be.
He said his goal shifted to finding ways to make the town better and that the Belmont Village Revitalization project is part of that goal.
The work Cormier said he wants to see through completion is the work on the Belmont Mill, the use of the former Northway Bank Building, the installation of a footbridge in the village center, and some landscaping and paving that must be done this spring to complete the water and sewer portion of the project.
George Condodemetraky has been a selectman twice before.
He said the town needs more long-term planning and that Belmont should have a growth plan in place. "Instead of reacting to problems we should be planning for them."
He said he is concerned with protecting Belmont's agricultural land because someday, residents will have to think about where they're going to grow their food.
Condodemetraky supports recycling and noted that Belmont is one of the only towns left in the area that doesn't have some kind of mandatory recycling program.
He also wants to protect the aquifer that run beneath the town and said it is unfortunate that the land above it was zoned for industrial uses before the town knew it was an aquifer.
"Industry and aquifer don't mix," he said. "We can't afford to loose the quality of our water."
Condodemetraky also said he has a plan to bring money into Belmont but he won't tell anyone what it is unless he is elected.
In response to a question about bringing business and industry to town, Both Cormier and McLelland agreed that Belmont is primarily a residential community and that its lack of infrastructure makes it difficult to attract commercial business and industry to town.
Cormier said studies have been done on the Route 106 corridor relative to water and sewer but adding those services is very expensive.
Referring to a planning charrette, he thinks Belmont's future lies in making it a destination center using the village as an anchor. He said the design is such that the area can be used for concerts and fairs and, coupled with the Riverwalk, he said the goal is for the village merchants to gain some revenue from that.
"The industrial piece just isn't there," he said.
Condometraky said the town is sitting on a gold mine but nobody knows about it except him.
"My plan that I'm not going to tell you about will attract plenty of money," he said.
Last Updated on Thursday, 06 March 2014 01:07
LACONIA — After weeks of often acrimonious deliberation, the Belknap County Convention last night adopted the 2014 county budget, which appropriates $25,596,863, more than $200,000 less than last year, and raises $13,663,314 in property taxes, a decrease of 1.6 percent.
The convention reduced the budget recommended by the Belknap County Commission by more than $974,000, or 3.6 percent.
The budget carried by a margin of 11 to 5. Four of the five Democratic members of the convention — Reps. Beth Arsenault and David Huot of Laconia, Ian Raymond of Sanbornton and Lisa DiMartino of Gilford — dissented along with Republican Dennis Fields of Sanbornton.
The Republican majority consisted of Reps. Colette Worsman, Bob Greemore and Herb Vadney of Meredith, Jane Cormier and Stephen Holmes of Alton, Michael Sylvia and Charles Fink of Belmont, Frank Tilton and Bob Luther of Laconia, Richard Burchell of Gilmanton and Guy Comtois of Barnstead.
Democrat Ruth Gulick of New Hampton, who has challenged the validity of an earlier vote on the budget in court (see related story on page 9), abstained and Republican Don Flanders of Laconia was absent.
"I'm satisfied now," said Tilton. He said that the convention applied $1,775,000 of the county's undesignated fund balance to offset property taxes, less than the $2 million recommended by Belknap County Commission, and $65,000 less than the projected surplus in 2013. "We're adding $65,000 to our fund balance," he said.
Tilton said that the budget funds the salaries and health benefits of two additional corrections officers, addressing among the county's most critical needs.
Finally, Tilton explained that when the 2013 and 2014 budgets are adjusted for eliminating the appropriation for the Lakes Region Mutual Fire Aid Association from the county budget and billing municipalities directly, the increase in the amount to be raised by taxes is 2.3 percent. The increase matches the projected increase in the tax commitment permitted by Laconia's property tax cap.
Worsman, who chairs the convention, congratulated her colleagues for what she called "a tremendous job," conceding that "a 2.3 percent increase in taxes is not what any of us wanted to do."
Tilton proposed a motion reaffirming the convention's authority over line items in throughout the budget, which has set the convention and commission at loggerheads for the past two budget cycles. It carried by 10 to 6, with Republicans Luther and Fields joining four Democrats — Huot, Gulick, Raymond and DiMartino in dissent.
Speaking for the commission Steve Nedeau, the only commissioner at the meeting, read a prepared statement. He began by refuting a number of accusations that Worsman leveled against County Administrator Debra Shackett in an an e-mail to the commissioners.
Turning to the budget he reminded the convention that the commission is contractually bound to pay $3.1 million in health insurance premiums in 2014 and said that "to knowingly and intentionally underfund nearly $540,000 of that obligation, with no plan how to implement such a radical cut, and then claim no responsibility for your actions is certainly not acting in the public's best interest."
"We have continued . . . to cater to your attempts to micro-manage, to respond to your conjecture and accusations of both staff and elected officials," Nedeau continued. "We sit here meeting after meeting while you misinform the public (and each other), ignore anyone who doesn't support your view, and then take action, based on false information."
Nedeau said that "the arbitrary and reckless cuts to the county budget will unfortunately result in employee layoffs," explaining that reducing health insurance costs by over $500,000 is "not an option."
Raymond proposed including Nedeau's statement in the minutes of the meeting, but his motion failed on a tie vote of 8 to 8
"How can it not be included in the record?" asked Luther.
When the meeting was opened to the public, Dave Devoy congratulated Worsman on her leadership and assured her "the silent majority is with you."
Hunter Taylor of Alton also endorsed the work of the convention, but chided both Republicans and Democrats, telling them "it's time you behaved like adults."
Last Updated on Wednesday, 05 March 2014 03:22
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- Democrats challenge budget vote by phone in court
- Justin Slattery is new executive director of Belknap Economic Development Council
- Scheduled fight at county jail lands pair in hot water
- Recovery Court program celebrates first graduate
- Judge orders man to stay out of Laconia after alleged assault