March 3, 2015 Minutes

These minutes were posted by the Selectmen.




Call to order at 6:00 P.M. by Larry Konopka, Chairman


Larry Konopka (LK), Chairman, Eric Nilsson (EN), Vice-Chairman, Linda Small (LS), Gerard LeDuc (GL), Albert Douglas (AD), Michael Williams (MW),Town Administrator, and Delores Fritz, Recording Secretary.




Fred Hast: I have three questions for you.

1. Taxes on the Rustic Crust? (LS) It is for a three year period and are staggered.

2. You let a Department Head go and paid him for several weeks, Why? (LK) Because he had built up some time. Fred Hast: It was for at least six to seven weeks? (LK) It was a while back and I would need to check the records. If you come in and talk to Mike, he can show you some of the records. Fred Hast: Can you give the taxpayers a reason why? (LK) Fred, I do not have an answer, I would have to check the records. (MW) Prior to release of some of these records, I would have to check with someone and let you know. Fred Hast: If you run a business, you need to keep informed. (LK) I do have the information but not with me. If you ask these questions, the Board can get back to you.

3. Your Non-Public Minutes – have your reviewed them and can you release them to the public? There is a certain limit as to how long you can keep them. A lot of them can probably be released. Years ago there was a lot of attendance at these meetings but now people cannot find out what is going on when you go in Non-
Public Session. Let the people know at least about some of them. You hire
a Police Officer in Non-Public and you come out and do not say anything about rate of pay or anything. (LK) We do review them and we do note that in Public Session.

Fred Hast: Also, did you get a letter back about Main Street. (LK) Yes, it is under Information Items on tonight’s Agenda.

Close Public Input


(GL) Shaw Road; (EN) Info: Board of Selectman Representative to Planning Board; (AD) Info: Aqueduct Purchase Committee, Fred Okrent, Thank You Selectman.


1. Select Board Election Day Coverage

(LK) How many do we need? (MW) You need a quorum; at least one Board member during the course of the day and a quorum when polls close. Board agreed on particular times of participation so that entire day is covered.
(LK) related he would be in the Town Hall on an intermittent basis.

2. Town Meeting – Motions and Seconds

(GL) agreed that he would make all the Motions and (EN) agreed to Second.
(AD) will be motioning the Aqueduct Warrant Article (Warrant Article No. 18).

3. Snow Banks and Road Safety

Selectman Konopka recused himself and was seated in the audience. (5:10 P.M.)

Shaw Road: (GL) My wife and I were coming out of Shaw Road and almost had a head-on collision with another truck. For some reason, the road seems narrower there that it used to be. You cannot see around the bend.

Berry Road: (LS) It the same on Berry Road when coming out of the driveway. There are a lot of embankments that are really high.

Tilton Hill Road: (EN) Tilton Hill Road is also hard to see. (MW) We can have George take a look at some of these places. It would be best if he could drive around Town. (LS) It is hard to see traffic and the snow should be pushed back some. (EN) George needs to go out on roads to see and we will have him push back the snow on Shaw Road. The snow around the school area where the buses come out should be pushed back. (GL) The roads seem to be shrinking and I would like to see it pushed back a little.

Selectman Konopka returned and was seated on the Board. (5:15 P.M.)


1. Dot 2015 Paving Program

(MW) Two letters were sent to DOT regarding road repair and DOT sent a response. Main Street is not on the list; it is noted that Pittsfield-Gilmanton,
NH 1-7, 10 miles (Intersection of NH 28 in Pittsfield northerly to the Intersection NH 140 in Gilmanton) and Pittsfield, Dowboro Road, 1.3 miles (Intersection of Mountain Road southerly to approximately 500 ft. south of the Intersection of Prescott Road.) It is noted in their letter that Towns are welcome to apply for a grant to pave State roads, however road then becomes responsibility of Town. (EN) I would like to have some input on this from George. (MW) to request George attend next Board meeting.


1. Jeanne Frenette

Ms. Frenette was present.

Ms. Frenette: I am not a happy camper about this. It has happened twice to me. In the last two to three years, a census taker was on my property of which no one notified us. I was in my basement doing laundry and there was a man peering in my basement window. Anyone like that idea?? I was unhappy about that and voiced my opinion.

On Monday morning, I was home with my grandson who is 8 years old, who came to me to let me know there was a man outside my window who had come to the house in a white car and was looking in my windows again. Does anyone know how to use a phone book to give me a call to let me know this is happening? He knows the color of my walls, my floors and the dimension of the building which has not changed over the past years. This individual was tramping over my plants to measure the house dimensions. We are wasting money to pay him. I have a shed which my husband built to cover the well head which they charge me $400 a year, every year, and there is nothing in it. It was moved so the kids can play in it. Nothing has changed at our house.

We do not need creeps and thieves making our lives miserable and we want to be left alone. I called the Police Department. The tag on his car said Assessor but anyone can get a magnetic sign and put it on their car, but if I do not know him, I do not answer the door. If he had knocked, which he did not, I would have heard him knock. I have a German Shepard and a Chihuahua and they never barked but there he was. You could follow his tracks around the house peering in the windows. Police Officer seemed to think that is his job.

When I came here tonight, I left my house at 5:01 P.M. and it took about 8-9 minutes to get here. It took the Police 35 minutes to respond and get to my house. If a burglar is robbing a place, he is in the house 10-12 minutes. He would not have been there when the Police arrived. I do not appreciate this. I do not appreciate being “blown off.” Maybe on Friday, we could have gotten a phone call that they were coming and it would have eliminated this matter. Some of my neighbors had the same issues but I did not find out about this until after this event occurred. It better not happen again. I will not be nice about it.

(MW) Ms. Frenette, do you have No Trespassing signs around your property?
Ms. Frenette: I used to but not anymore. (MW) The Police Officer arrived within eight minutes and was at the end of the driveway questioning the Assessor.
Ms. Frenette: I have a telephone and it would be nice to know the Police Officer was on his way. You can’t make a phone call?

Ms. Frenette left meeting at 5:28 P.M.


2. Selectman Representative to Planning Board

(EN): (GL), (LK) and I have all been on the Planning Board at one time or another. (AD) is on Zoning. After the elections, it may be necessary to ask Larry to step in as Selectboard representative on the Planning Board. I believe that this is allowable. (MW) Yes, I have checked with NHMA and it is permissible.
(EN) This will be if needed. Board agreed.

(LS) Also, BCEP will need Selectman rep on that Board at their next meeting which is the last Thursday in March.

(LK) Whatever the Board decides; we will see what the new Board of Selectman wants to do.

(AD) Are there any parameters that have to be followed by not being a Board member? (MW) No.

3. Aqueduct Purchase Committee Update

(AD) Just to bring the Board up-to-date on the committee meetings – we had a meeting in January when we received a “restrictive report – NOT FOR PUBLIC REVIEW” which contains mostly financial information. The Committee reviewed that. Mr. Sansoucy walked us through the report, answered questions posed, and relayed some other information. To continue, we need a second contract because the funds were not encumbered – this is on a Warrant Article (No. 18) for the Town Meeting which hopefully will pass. This is not an additional $25,000 but is needed to continue the research. The Aqueduct Purchase Committee will make a recommendation by end of April to purchase/not purchase which will be submitted to the Board of Selectmen. If we move forward, Public Hearings will need to be held. I will say that the numbers are lower than anticipated from last year.


1. Tax Deferral Application – Watson

(MW) This has all been reviewed by Avitar.

(LS) Motion to approve tax deferral Tax Map R28, Lot 2. (GL) Second.
After Discussion: Carried 5-0.

Discussion: (LS) It shows a total amount deferred over the years plus interest. Is interest also being applied? (MW) Interest is accrued as well. (LS) So thinking of the value of the property, there is going to be more owed. It is getting real close and Town needs to consider whether they can sell the property for that amount. We should take a close look at this and decide what we are going to do.

2. Current Use Application – Carl Wallman; Tax Map R08, Lot 01

(MW) I have included the letter from Avitar. (EN) This is for two separate properties. The Wallman property description is “wishy-washy.” This can be tabled for more definitive description. Board agreed.

3. Current Use Application – Weldon Realty Partnership: Tax Map R32, Lots 1 and 12

(EN) Motion to approve Current Use Application Tax Map R32, Lots 1 and 12 per Avitar recommendation. (LS) Second. Carried 5-0.


(LS) Motion to approve Accounts Payable and Checks Register.
(EN) Second. Carried 5-0.

(LS) Motion to approve Payroll and Direct Deposit.
(EN) Second. Carried 5-0.


1. Public Session Minutes – February 17, 2015

(EN) Motion to approve Public Session Minutes of February 17, 2015.
(AD) Second. Carried 4-0. (GL) Abstain.

2. Non-Public Session Minutes – February 17, 2015

(EN) Motion to approve Non-Public Session Minutes of February 17, 2015.
(AD) Second. Carried 4-0. (GL) Abstain.


Fred Hast: The tax deferral on Watson evaluation is getting up there. What about other properties that owe taxes? What about working on them? (MW) We are in the process of working on them. Properties on Main Street, Chestnut Street and Loudon Road are all in the process of being worked on. Fred Hast: What about the ones that have signed agreements; some will be paying for ten years. (MW) Some will take up to ten years. Fred Hast: That is a long time. If the Board had kept up with them we would not be in this position. The previous Board did not work on them. The bill climbs rapidly. If you had pushed them three years ago, it would have been better and not need a ten year period to pay. (MW) Properties with delinquent taxes for three years are properties that Board has deeded.
Fred Hast: He explained how it would have been better to have payment agreements after they are delinquent for three years with the return being faster.

Fred Hast: A list of the Town deeded properties and the payment agreements should be posted on the bulletin board. (MW) No, I do not believe that we should do that. I would not want to humiliate people who are making a good faith effort to comply with the payment agreements. If someone would want to review these, I can provide them with the information, but will not post it.

Break: 5:45 P.M. Resume: 5:59 P.M.


3. Aqueduct Purchase Committee

(AD) Before we go into Non-Public Session, I am requesting that Board allow Fred Okrent to report on the Aqueduct Purchase. I am sorry that I forgot that Fred was coming to do this and he is here now. Board agreed that this was appropriate.

Fred Okrent was present.

Fred Okrent: Just to refresh everyone’s memory, the committee was formed to inquire, make recommendations and determine whether to purchase/not purchase the Pittsfield Aqueduct Company. As you will note by the outline (see attached), we have discussed the advantages/disadvantage of purchase and have hired a consultant to produce a report detailing financial, legal and feasibility issues of the entire project. Should we decide to proceed, there are several avenues available to us dependent upon the City of Nashua (vested or not vested).

(LS) I am happy that we are moving forward and progress is being made.
(AD) The people involved are offering good knowledge and we are all learning about water districts.

(MW) Have you considered engaging legal counsel? Fred Okrent: We have not engaged legal counsel as we have no authority to do that. This is just to study the feasibility. Should the Committee recommend purchase and the BOS decide to proceed, public hearings and a special town meeting will have to be held, for which Mr. Sansoucy would be available for through the entire process. Acquisition costs can be rolled into the bond issue to finance the purchase according to State law. (LK) Have you checked with Mr. Sansoucy what counsel he would recommend? (AD) No, but he will guide us step-by-step in the process every time a decision has to be made. (GL) When and if we get to the Public Hearing/Special Town Meeting stages, he has assured us that no question will be unanswered. Fred Okrent: He will follow the process to the end.

(AD) I want to thank the Board for allowing Fred to address the Board on this and also Fred Okrent for his update on the Aqueduct Purchase Committee.

Fred Okrent left meeting at 6:11 P.M.


(EN) Motion to go into Non-Public Session per 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 unless the employee affected: (1) Has a right to a meeting, and (2) request that the meeting be open, which case the request shall be granted and RSA 91-A:3 II (e) – Consideration or negotiation of pending claims or litigation which has been threatened in writing or filed against the Town or any subdivision thereof, or against any member thereof because of his membership in such body, until the claim or litigation has been fully adjudicated or otherwise settled. (AD) Second. Carried 5-0. Individual members of the Board were polled and all agreed.

Board went into Non-Public Session at 6:12 P.M.

Board returned to Public Session at 6:49 P.M.

NOTE: RSA 91-A (III) – Minutes of proceeding in non-public session shall be kept and the record of all actions shall be promptly made available for public inspection, except as provided in this section. Minutes and decision reached in non-public session shall be publicly disclosed within seventy-two (72) hours of the meeting, unless, by recorded vote of 2/3 of the members present, it is determined that divulgence of the information likely would affect adversely the reputation of any person other than the members of the Board, or render the proposed action ineffective. In the event of such circumstances, information may be withheld until, in the opinion of a majority of members, the aforesaid circumstances no longer apply.

Shall the Minutes be publicly disclosed? No.

Motion made by (EN) and Seconded by (AD) to not publicly disclose the Minutes because it is determined that divulgence of the information likely would affect adversely the reputation of any person other than a member of the Board and render the proposed action ineffective.


(AD) I would like to say Thank You to Larry and Linda for the experience you have offered me and making me understand a lot of things I did not know. Thank you Larry for your guidance and I hope both your futures are bright. Hopefully, we will see you again.


(LS) Motion to adjourn. (LK) Second. Carried 5-0.

Meeting adjourned at 6:50 P.M.

Approved: March 17, 2015

____________________________ ______________________
Eric Nilsson, Vice-Chairman Date

I hereby certify that these Minutes were recorded by me on March 3, 2015, transcribed and publicly posted
On March 5, 2015.

Delores A. Fritz, Recording Secretary

Attachment: (1)
Olympus: 1:01:57
BOS Attachment 3-3-15