LITTLETON BOARD OF SELECTMEN

MEETING MINUTES

SEPTEMBER 28, 2005

Present: Chairman Bill Hight, Vice Chairman George Hicks, Selectman Burt Ingerson, Town Manager Jason Hoch

Chairman Hight opened the Selectmen’s Meeting at 4:00 pm.

CITIZENS’ CONCERNS

Art Tighe: stated he was here on behalf of the merchants Main Street. He noted he had approached Chairman Hight regarding the merchants concerns and complaints and it was suggested that he come to a Selectmen’s meeting to discuss his concerns. Mr. Tighe reported the Main Street Merchants have issues regarding the loitering, trespassing, drug use, and noise on Main Street. He had been in contact with Jim Alden and they have been in contact with Chief Cam Brown of the Littleton Police Department. Chief Borwn had stated that the Police Department has been aware of the complaints. Mr. Tighe stated that when Chief Babin was Chief he had a presence on the street was able to move people on in a non-confrontational way. He stated there must be a better way to deal with this problem. There is also some pan handling going on, but when the police are called they are told there is nothing we can do, until you as a civilian press charges. Mr. Tighe stated he felt we need an ordinance but added he realizes that it is a problem that could not be fixed tomorrow.

Jim Alden stated that there are gatherings of 15 kids or more that block the sidewalk. They are pan handling, drinking and drug dealing which create an undesirable environment. This is compounded by the fact there is no ordinance which can be enforced. With a lack of police presence on Main Street how can the no loitering be enforced.

Dale Lewis explained he was the Treasurer of the Masonic Temple who also had a problem with loitering but had chased people off the property. He had never called the Police Department. He asked what the Selectmen and Police Department need to create the tools to make the issue go away. He added that littering has also been a problem in front of the Masonic Temple.

Dean Hammerly, owner of the Elephant’s Trunk , spoke of some of the exchanges with some of the people who had been loitering on the seats in front of the store. She explained that she had spoken to loiterers telling them the seats were for customers and they were private property. When she asked them to move they normally would. She stated she had a had a problem on a Saturday , however, when she was walking up the street and asked a few girls not to block the sidewalk. The response she got was unfavorable.

Art Tighe stated there are generally groups of 10-15 people. He cited the situation in front of the public library as an example. Consequently, he does not send his kids to the library.

Jeff Wheeler, owner of the Village Book Store, these groups create an unwelcoming presence, sitting on the window boxes. When asked to move, you get similar responses as have been already mentioned.

Art Tighe asked what are the rules and what are the numbers of hours of police time for Main Street per month? Does the Police Department have the laws and the tools they need to solve this problem.

Jim Sourdakis, owner of Gold House, noted his business is open a little later then the rest of the merchants until 10 or 11 at night. He goes out numerous times to tell people loitering in front of his restaurant to move along. He has been sworn at but generally they move but come back and sometimes block the entrance to his restaurant. Some of his customers leave because of this. He also noted there is also a problem behind his business with loitering and loud music blaring.

Lea Williams, stated she feels intimidated on Main Street and her assistant has observed what she feels are drug deals going on.

Barb Ashley stated she has had a mixed summer. There was loitering in front of the information booth and the loiterers were told they had to leave because the area was for the tourist. In general, she said, the loiterers would move on but recently someone kicked in the door. She also has observed what she feels are drug deals going down. After the door was kicked in the Police Department was called but the only officer on duty was Officer Fowler who was coving a 50-mile radius from 5AM to 2PM. Ms. Ashley stated she is concerned that we do not have enough coverage.

Jason Hoch, Town Manager stated Ordinances look good on paper only. He used the dog waste ordinance as an example. The violation is not noticed until the owner and his dog have long gone. There is no way of knowing what dog was involved unless you do DNA testing. So the ordinance doesn’t work unless the officer physically sees the dog leaving the waste and the owner not cleaning it up.

Chief Cameron Brown read the NH RSA relating to Criminal Trespass, Disorderly Conduct, Loitering and Prowling. He noted the town could not create an ordinance that interfered with the New Hampshire RSA’s. .

Bruce Hadlock asked why the town couldn’t create some type of ordinance to ask these people where they came from.

Chief Brown read what town counsel had provided him relating to private loitering. He noted that people standing around on public property is a different situation.

Dean Hammerly stated that on private property if someone walks in and you don’t want them there they can be asked to leave and if they don’t they can be charged with trespassing.

Chief Brown further described some of the actions that would be considered trespassing including fighting, invoking violent behavior and interfering with emergency right of ways. If the officer doesn’t see the conduct directly, it needs to have a complaint filed. An arrest warrant can then be issued.

Chief Brown responded to a question by Casey Hadlock that his officers can only go by the laws that are on the books. Recent Legislation has just gave police officers more control of what is considered noise. Effective 7/22/05, the police officer can now make a judgment call on what noise is as opposed to the old law that allowed only what a sensible person would judge as loud noise.

Chief Brown reported on some of the stats of his Department and brought with him a copy of the police log for anyone interested to take a look at. He noted there had been an arrest for pan handling. There have been times officers have told people to turn their stereo down. The availability of an officer to patrol Main Street depends on the hours of the day. There have also been homeless people which have been refried to Woody Miller for his assistance.. Chief Brown reported some people want to spend the winter in jail. Some people don’t want our help. . There are towns that have ordinances against public lounging or sleeping. One town has an ordinance for obstructing a passageway with 3 or more people. . Chief Brown added in 1998 there as an arrest for obstruction of a sidewalk. The case was dismissed because there were 3 people obstructing a sidewalk when the officer asked them to leave 2 did, the other would not. The judge threw it out because the passage was clear since the other 2 left. .

Chief Brown said if the community votes to do something at town meeting and puts some type of punitive value on it. Adding the tools you create have to be effective and legal. What value is an ordinance to enforce if there is no punitive amount?

Perry Moulton asked if there could be some funds used from the parking meter funds to cover the cost of putting a uniformed parking meter person on Main Street.

Chief Brown noted there are 3 administrative staff working about 1-1 ½ each afternoon prior to 5 pm on the Main street.

Perry Moulton asked if the person in the uniform has the authority to break up groups and ask people to move along Main St.

Chief Brown reported part of the problem is an officer can stop and start walking Main Street and in 10 minutes be called away to another part of town.

Brien Ward noted when Babin was Chief he policed as a community model. The current style now is a prosecutor model. Babin interacted with the community. It doesn’t have to be the chief walking up and down Main Street. Brien stated that in the last four years neither the Chief nor the Deputy Chief have been a presence on Main Street, communicating with the people.

Stephanie Bailey reported she was interested in working with teens, targeting an audience of people in town, schools and the Reach Program.

Chief Brown suggested she get in contact with courts diversion.

Brien Haddlock asked how about video cameras for watching back streets and other areas around town. This might be cost effective.

Chief Brown noted that they are highly effective in Europe due to the fear of big brother watching over you as you break in somewhere. Chief Brown is not sure how this idea would be perceived here.

Mike Clafflin stated this is the first step; recognizing there is a problem. He asked the Selectmen if they would be receptive to a committee working on suggestions and coming back to a Selectmen’s Meeting to discuss further.

Chairman Hight stated he keeps hearing that what the people want is a police presence on Main Street. There is some respect for someone in uniform. Some times a cruiser could be parked on Main Street. This seems to affect traffic flow differently when they see a cruiser.

Art Tighe asked Chief Brown what his solution to this problem is.

Chief Brown suggested a dialogue, education, finding an approach or a solution that is best for everyone. He noted the court system is not a victim justice system it is a criminal justice system. He doesn’t not want to expose the town to liability. The 1^st step is knowing there are issues and no one is disagreeing there are issues here.

Chief Brown noted some of his officers have taken Spanish to keep up with the changes happening in town.

Stephanie Bailey noted the program she is working with offers some workshops. She added there are gangs in the high school as well as gangs on the street. You can't deny we need something constructive for the youth as well as the adults to do.

Janie Fillion from Laconia Saving Bank reported the kids abuse property, they need a police presence. There have been a number of skate boarders, playing ball, and packing snow building ramps. She told them its private property; they respond no it’s not its Main Street. She had called Chief Brown and he told her there needs to be something in writing of what can and can’t be done on the property. She is worried about the liability that comes with the drive through area of the bank.

Chairman Hight said a youth center would be great but there is no money to buy one or build one. You need full time staff to man it.

Chief Brown noted there has bee 3 attempts to have a skateboard park. A group gets into action; there is a preliminary meeting than it falls apart. There is no free ticket.

Stephanie Bailey noted her program would help with eliminating the undesirable element from Main Street.

Chief Brown referred her to the resource officer.

Jane McKay from White Mountain Mental Health noted some of the group down town were born and raised in Littleton. They are your friend’s kids, some with serious mental illness. Some with clearly visible problems and they will do what they can to help the Main Street business. Some of the businesses just have to ask that person not to do that again. They are really aware this population has a small piece of this issue. Noting they are adults with rights and you can’t lock them up for 40 years. Adding they will do what they can to help.

Jim Sourdakis advised listening the 60-70% of they people present. They want more of a Police Department presence on Main Street. ?

Brien Ward noted you have one Police Office that could be reallocated for the summer as he works for the school 8 months of the year. He added he is very personable and knows how to use the schools resources.

Chief Brown said he is still handling school issues for the summer school and doesn’t just go on vacation during the summer. He cannot be redeployed and totally walk away from the school during the summer.

Jason Hoch stated he was trying to put some thoughts together from the discussions. The answers may not be a full time police officer, but there are some other tools that have come up during the conversations. We have started down the road to deal with the problem and we need to look at what we can do differently with out pointing fingers.

George Hicks noted St. Johnsbury had a very serious problem with this issue and it might be helpful for the Chiefs to talk about these ideas. The answer may be more money in March, if that is what we need.

Stephanie Bailey noted we should see what other resource the other Main Street programs used.

Ruth Taylor suggested downtown ambassadors to serve the town tourist.

Jason Hoch stated there has been some constructive conversation here and this conversation should continue. There is no magic answer.

Ruth Taylor offered the assistance of the Main Street program and the Chamber of Commcerce...

Chairman Hight thanked the merchants from Main Street for their thoughts and suggestions and told them the Selectmen would be getting back to them.

Dan Cullen came in to bring the Selectmen pictures of the street light that has been out on Crane Street referred to in a letter from Sue Pilotte. Eddy Moore stated the Water & Light Department never shut the light off but had repaired it once. Water and Light will do what ever the selectmen advise them to do.

Jason Hoch bought up the topic of the status of the Opera House. He said they had a letter from the Fire Marshal and that Jeff Tiery & Associates were submitting their report soon. They had been at the Opera House on September 19^th. Jason reported he would provide updates as reports were received. The police cruisers have been moved out of the basement and a revised exit plan has been put into place. Most of the documents stored have been moved to storage. The records storage area have been moved away from the electric box. The full fire system is to be tested by the end of the month. The Historical Society has marked the exit and was clearing up the overhanging vegetation on the stairs. The exit doors had been flipped so they will open outward. Jason would like to form a timetable to keep things organized where there has been some interest in chipping away at the different areas. He noted he would like to get the volunteers in on their own schedule.

Brien Ward inquired as to the comprehensive plan for the opera house and what goal has been made open up the building to the public again.

Jason Hoch replied this will be easier to answer once we get the reports back.

Brien Ward said you don’t need a report to do the electric work.

Jason said if he was to hire an electrician he wasn’t planning on doing it immediately. Looking at the information right now it would cost about $50,000 to do the basement.

Brien Ward stated you can get it from the budget before election.

Brien Ward noted there was $7,500 in the town-building fund and some volunteers would help in the Historical Society area but the town is responsible for repairs to the building.

Jason stated we need to get the reports back and review them to see what we need to do. Asking Brien Ward when the decision was made that the volunteers and funds for town building repairs would only help with the historical society area? Adding he must have misunderstood what those funds could be used for. He then asked Brien Ward if the performance area was eligible for use of the volunteers and repair funds.

Brien Ward said when they get some plans they can identify what it can be used for.

Brien Ward recommended a spending freeze and reallocation of expenditures from the Fire Department, Police Department and from drug forfeiture funds. He gave the Selectmen a copy of his suggestions.

George Hicks said it would have to be put to town meeting to the voters. to see if they will give $50,000, $100,000 or what ever it takes.

Brien Ward reported a majority of the items were maintenance issues and no one is maintaining the building.

George Hicks said we don’t have the money in the budget. It keeps getting voted down.

Brien Ward spoke with Chairman Hight and got a budget print out as of the end of August. He stated he believes $100,000 could be reallocated from different parts of the budget. Some from legal fees, some from town meeting media services. He noted you can pick and choose whatever you are going to do. The drug forfeiture fund has $79,000 that could be used; there is no reason not to get the building fixed. He stated he talked with someone from Grafton County and they use the drug forfeiture funds for building maintenance.

Chief Brown said he believed that it could not be used for that purpose.

Brien Ward said he checked with Paul Leavett and that he had given him a list of what it could be used for. Building and improvements were on that list. He recommended the Chief check with Paul at the Grafton County Sheriff’s Department.

Chief Brown asked if Karen Noyes agreed with the fact that it could not be used for building repairs unless it’s related to drug investigation?

Karen Noyes agreed.

Brien Ward stated it should be the Town’s goal to reopen the building. Joel Bedor has given him a lot of feed back including a list people who want to reuse the opera house. n.

The meeting adjourned at 5:45 pm.

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Chairman William R. Hight

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Vice Chairman George O. Hicks

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Selectman Burton E. Ingerson