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Closed 12:30 - 1:00
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125 Main Street, Suite 200
Littleton, NH 03561
Phone: 603.444.3996
Fax: 603.444.1703

Apr 10, 2017

Board of Selectmen Minutes - April 10, 2017


MONDAY, APRIL 10, 2017


5:00 PM




Present:  Town Manager Andrew Dorsett, Chairman Schuyler Sweet, Vice Chairman Franco Rossi, Selectman Milton Bratz, Executive Secretary Ceil Stubbings


Others Present:  Chad Fillion (Channel 2), Eddy Moore, Rudy Gelsi, Ralph Hodgman, Jim McMahon, Amy Sharp, George Austin, Littleton Courier, Chief Paul Smith (Littleton PD)


Sweet called the meeting to order at 5:00 PM.


Pledge of Allegiance


Board/Committee Appointments

The board met in nonpublic session because they were going to discuss the individuals who requested appointments.  We talked about the plusses and minuses of the individuals and came to a conclusion on the appointments. 


Sweet announced the following appointments:

Budget Committee:  Heather Porter, Michael Stevens and George Kirk were reappointed for three year terms.  Ralph Hodgman was appointed to a three year term.

Planning Board:  Mary Menzies was appointed from an alternate position to a full voting member for a three year term. Jim Daly and Bruce were reappointed to three year terms.  Jim McMahon III was appointed as an alternate for a three year term. 

Opera House Management Commission:

Dan Stearns was reappointed to a three year term.

Water & Light Commission:

There is one vacancy which Eddy Moore currently holds.  The board is in a bit of a quandary on this not only because of Eddy Moore and his many years served on the commission but also because of the other applicants who have applied for the position.  We are going to hold off making an appointment for a period of thirty days.  Within the thirty days we are going to ask for a job description.  We are then going to interview all of the applicants. 

Energy Conservation Committee:

Bill Gendreau and John Lofgren have been reappointed for a three year term.  The third position will remain vacant. 

Conservation Commission:

Val Poulsen and Marcie Hornick were reappointed to three year terms.

Zoning Board of Adjustment:

Jessica Daine was reappointed to a three year term.  Ralph Hodgman was appointed to a three year term to replace Art Tighe.  Jim McMahon III was appointed as an alternate.

River District Redevelopment Commission:

There were three vacancies and we are reappointing Alycia Vosinek, Jim McMahon and Brody Tuite.

Franco Rossi made the motion to approve the appointments as stated by Chairman Sweet.  Milton Bratz seconded the motion.  Motion passed 3-0.


Appointments: None


Town Manager’s Report:

Financial Overview

Dorsett went over the financial overview for 2017.  The revenues are at 14% with the understanding that we should be at 25%.  Sewer bills have not gone out yet and a number of other items.  Dorsett then explained the expenses.  Some of the expenses are based on the season.  Overall it looks like we are doing well and within the budget.  Bratz had a question under advertising.  Bratz said the expenditure are at 89%.  Dorsett said the finance director was going to look into that line item.  Bratz said the other question had to do with the Library already having a 50% expenditure.  Dorsett said the library had issued a request for 50% of their funds.  Franco Rossi asked if it were possible to get a report with 2016 so they can do a comparison.  Dorsett said yes.  Milton Bratz said they have received the auditor’s report and there is no letter of exceptions.  This is a good thing.  Bratz advised the Chairman that he might want to put the 2015 audit on the next agenda. 


Other Business: 

Health Officer Update  

Bratz provided the following update to the board:

  1. Bed bug infestation in a West Main Street apartment building.  Was alerted by medical facility treating a resident with bed bug bites.  Alerted Massachusetts building owner; also in contact with local building manager.  Said building recently treated by certified pest control company; awaiting final report due at month’s end.
  2. Notified by NHDES of a petroleum spill at a Union Street business location.  In process.
  3. Notified by NHDES of a rectified past oil spill at a South Street residence.
  4. Notified by NHDES of a rectified past oil spill at a Main Street business.
  5. Notified by NHDES of an approved water testing inspection of a Lisbon Road (Route 302) business.
  6. Apartment complex north of Main Street is experiencing on location sewer backup into sinks, bathtubs and toilets: particulate matter, not human waste.  Highway Department determined our piping system is clear.  Building management notified; Lab results of contents pending.
  7. Following up on a complaint regarding accumulated garbage/trash at an Oak Hill Avenue residence.


In the near future:

Will seek approval of two new ordinances:  Canine Feces as a Public Health Hazard on our Town owned athletic fields.  Currently working with the police chief on draft.  Also, “Dumpsters, Offensive Matter and Standing Water.”  Counsel is in the process of re-writing draft for review and public hearing.

Chairman Sweet explained the ordinances are being tweaked by Town Counsel.  Once the ordinances have been approved they will be followed by a public hearing.  Dorsett said they will notice a public hearing for the next meeting.


Old Business: 

Mount Eustis Road

Chairman Sweet stated they talked about the truck traffic on Mount Eustis Road at the last meeting.  Dorsett said the Safety Committee has talked about this issue several times.  The best solution seems to be to amend the Traffic Ordinance in the section that specifically highlights three streets where truck traffic have been posted as No through Trucking.  Trucks exceeding three ton Gross Vehicle Weight or three or more axels are prohibited on roads with signage marked “No through Trucking.”  Exclusions shall be trucks making a delivery to a home or business on the prohibited road.  Currently Grove Street, Herbert Lane and South Street are on the list.  We are proposing to add Mount Eustis Road to the list. 


New Business:

Sansousy Contract

Dorsett said the DRA reviews all assessing contracts prior to their acceptance.  They reviewed the initial contract and made some modifications to the contract. Sansousy addressed each one of the points with the exception of one.  This one point they said they could not address and stated the reason why.  Dorsett said he has sent this contract back to the DRA and we are waiting for their response.  Dorsett said they can have a quick turnaround time, but there have been times when it has taken months.  Bratz stated that Sansousy assesses our utilities.  We have more than one assessing firm, this one deals only with utilities such as Moore Dam and other utilities.  Bratz asked if there more companies that strictly deal with utilities. Dorsett said there are only two in the state.  Sweet asked if the board needed to vote on this contract.  Sweet said they would vote on the contract later under board action of the agenda. 


Dorsett said he brought this up at the last meeting.  We are having a Littleton Greenup Day on Saturday, April 22nd.  After the cleanup there will be a public barbeque.  The Town will provide bags and gloves.  If anyone wants to clean a particular road come to the Town Office and sign up.  The bags can be left on the side of the road or brought to the Transfer Station.  There will also be businesses and organizations at the park.  Dorsett then showed a list of upcoming meetings that occur on a regular basis.  These meetings can be found on the Town website.  The next River District meeting on May4th, there is going to be a presentation of the River District Plans.  That will be a good meeting for the public to attend to see where we are with the plans.  On Thursday, May 18th at the Opera House, the Parks and Recreation will be holding a public forum on the plans for a new recreation building project. 


Public Comments:

Rudy Gelsi asked if the list of meetings were going to be posted.  What is the matter with you guys, you can’t hear?  You need to take the wax out of your ears.  Dorsett said they are all posted on the Town website.  Gelsi said there has been a lot in the news about the Right to Know Law.  He asked if there was any kind of format for a citizen, like himself to ask for information, or are you just going to abuse your power when someone asks a question?  Gelsi said he did some investigation about his request.  He sent an email about the right to know some information.  As far as he can tell it does not matter what he asks to the Town.  Under RSA 91-A the Town has to supply him with all the information that he asks.  Gelsi said he asked you guys very polite, who are the attorney that take care of the Town business.  He does not understand why there is so much friction.  He is not going to stop.  Dorsett said he asked Gelsi which type of law or situation he was asking about.  Dorsett said they use different attorneys for different reasons.  Gelsi said he only wants to know who we employ and pay.  Dorsett said we do not employ an attorney.  Gelsi said they contract with an attorney and he would like to know who that is that you pay with his money.  Dorsett said we employ the prosecutor, is that the information you want.  Gelsi said the prosecutor is not what he is asking about.  He wants to know who these people are that you guys are paying with his money.  Sweet told Gelsi that he needed to listen to Andrew, there are multiple attorneys.  Gelsi said he understands and told Sweet he did not have to repeat.  What are you? The only one that went to school.  Gelsi said he asked the question if the Town Manager was going to abide by the laws.  Dorsett said that when Gelsi asked the question he asked who the attorney was, it sounded like he was referring to a specific case.  Franco Rossi asked Gelsi if he just wanted to know all the attorney’s that serve the town.  Gelsi said yes.  Sweet said they would get him a list of all the attorney’s the Town has hired period.  Sweet asked Gelsi if he had any other problems.  Gelsi responded by saying he has no problem, you have the problem. 


Ralph Hodgman asked if there were fines or an ordinance regarding the dog feces.  Bratz said there is a fine structure for like dropping it on a sidewalk.  Bratz said they are talking about changing the fines and the signage.  They are also talking about deputizing a number of people.  Bratz said it is adding to the ordinance.  Sweet said there is also no language that covers athletic fields.  Hodgman said he walks over to the school board meetings, there are feces all over the sidewalks.  Sweet asked if there were any other public comment.  There being none Sweet moved to Board Action.


Board Action:

Dorsett said they could make a motion to accept the proposed contract based on DRA approval.  Rossi asked if the DRA makes a recommendation do they have to accept that.  Dorsett said we are a political subdivision of the state.  We are required to follow the law. Sweet said it is probably in our best interest to accept their recommendations.  Bratz said Sansoucy is a highly recommended company.  Sweet said they do not need to take action on this at this time.  They do need to go into RSA per the following RSA:


George Austin asked if there were any time for other business.  Sweet told him they had already been though that portion of the agenda.  He built the pedestrian bridge and his patience has run out on trying to get the job closed out.  He needs to get paid up, it has been five months.  Dorsett advised Austin to make an appointment with him to go over the issue.  This is a business matter.  Dorsett went on to say it is a contractual issue rather than dealing with it in a public meeting.  Austin said his problem is that he ended up having to do the paperwork for the engineers, in order to force this action and it has already been three weeks.  Dorsett told him to try to set up a time before the end of the week to try and find out what is still pending.  Austin asked why the engineer has been allowed to just sit on this.  Dorsett said he didn’t know if they have.  He knows there has been information going back and forth.  It would be better to discuss this in a business meeting.  Dorsett said that is all he has to say about this for now.  Sweet suggested the board ask that the Town Manager get this resolved. 


Note:  The board may go into a nonpublic session per the following RSA’s:

__X_ RSA 91-A:3, II (a)  The dismissal, promotion, or compensation of any public employee or the disciplining of such employee, or the investigation of any charges against him or her, unless the employee affected (1) has a right to a public meeting, and (2) requests that the meeting be open, in which case the request shall be granted.

Rossi made the motion to go into nonpublic session per the above RSA.  Bratz seconded the motion.

Motion passed after a unanimous roll call vote. The board entered the nonpublic session at 5:53 PM.

The board came out of the nonpublic session at 6:18 PM.  Rossi made the motion to seal the minutes.  Bratz seconded the motion.  Motion passed 3-0 after a unanimous roll call vote.  Rossi mad the motion to adjourn.  Bratz seconded the motion.  Motion to adjourn passed 3-0. The meeting adjourned at 6:19 PM.