Aldermen, Board of

A regular meeting of the Board of Aldermen was held Tuesday, January 12, 2010 at 7:30 p.m. in the Aldermanic Chamber. President Brian S. McCarthy presided; City Clerk Paul R. Bergeron recorded. President McCarthy Before I ask the Clerk to offer the prayer, it is with some sadness that I noted that the city lost a good friend and devoted public servant yesterday when Victor DuVarney passed away. I had the pleasure of serving with him for the last five of his 22 years in this Chamber. Before that he spent more than two decades in the Fire Department and as the Chief totaling 49 years of service to the community. He will be missed. He was always a gentleman and exemplified the kind of attitude of giving back to the community that I think we all strive for. I would ask that we observe a moment of silence in recognition of Mr. DuVarney. The Board of Aldermen observed a moment of silence in recognition of Victor C. DuVarney, Jr. Prayer was offered by City Clerk Paul R. Bergeron; Alderman Clemons led in the Pledge to the Flag. The roll call was taken with 15 members of the Board of Aldermen present. President McCarthy Welcome to all of our new and returning members. Her Honor Mayor Donnalee Lozeau and Corporation Counsel James M. McNamee were also in attendance. REMARKS BY THE MAYOR Mayor Lozeau Again let me extend my congratulations to you on your election as President and to the newly elected Aldermen that join us this evening. As I said on Sunday, I am looking forward to working with all of you as we deal with the serious problems that are going to face us over the next two years. My door is always open. Please do not hesitate to stop in or call should you have any questions or concerns. Tonight I would not call your attention to anything on your agenda. Instead I would speak to a request for a rules suspension tonight to allow for the introduction of R-10-03. This resolution will allow Nashua to apply for an additional $250,000 from the New Hampshire Department of Environmental Services revolving loan fund for the Haines Street area sewer separation project. This action was approved yesterday by the Board of Public Works. This resolution has been prepared so that we are able to take advantage of some additional stimulus funds that have been reallocated by the State. The State has set an application deadline for Tuesday, January 19th, which is the internal deadline for information for items to be included for the Governor and Council’s agenda for the 27th. We are not going to meet that deadline, but we are working with them in the hopes that continued positive action in the right direction can be completed before the Governor and Council meeting on the 27th. Moving this resolution forward this evening will allow for a timely public hearing and committee discussion and hopefully approval by the full board at your next meeting, January 26th. Your approval of the suspension to allow us to move forward would be much appreciated. Bd. of Aldermen – 01/12/10 Page 2 Like the President said earlier at the beginning of the meeting tonight, I would like to take a moment and close my remarks on a very somber note. Yesterday Nashua lost a great public servant and friend with the passing of Victor DuVarney, Jr. Victor was a native of Nashua who for 49 years was dedicated to serving his community. He followed in the footsteps of his Grandfather who was active in Nashua politics in the 1800s and his Uncle who served in the Fire and Police Departments. At the age of 23, he became a Nashua firefighter and he worked his way through the ranks to retire as Nashua’s Fire Chief 27 years later. He served as an Alderman for 22 years from 1978 to 1999. He was an inspiration to his Son and his Grandson, which resulted in their service to the Fire Department. His contributions have had an immeasurable affect on this community for which the city is truly grateful. I know firsthand that he was very proud to have four generations of his family serve his city and prouder still that they continue their service today. I would like to extend our sincere condolences and deepest sympathies to the DuVarney family this evening as the President has done, and I would thank you for your kind attention this evening. RESPONSE TO REMARKS OF THE MAYOR – None RECOGNITION PERIOD – None READING MINUTES OF PREVIOUS MEETING AND PUBLIC HEARING MOTION BY ALDERMAN CLEMONS THAT THE MINUTES OF THE BOARD OF ALDERMEN MEETING OF DECEMBER 22, 2009, AND THE PUBLIC HEARING CONDUCTED BY THE PLANNING & ECONOMIC DEVELOPMENT COMMITTEE ON DECEMBER 21, 2009, BE ACCEPTED, PLACED ON FILE, AND THE READINGS SUSPENDED MOTION CARRIED COMMUNICATIONS – None PERIOD FOR PUBLIC COMMENT RELATIVE TO ITEMS EXPECTED TO BE ACTED UPON THIS EVENING - None PETITIONS – None NOMINATIONS, APPOINTMENTS AND ELECTIONS Appointments by the Mayor The following Appointments by the Mayor were read into the record: Board of Registrars Carol Ann Cordero (Re-Appointment) Term to Expire: December 31, 2010 144 Amherst St. Nashua, NH 03064 Michael Popovich (Re-Appointment) Term to Expire: December 31, 2011 6 Alex Circle Nashua, NH 03062 Bd. of Aldermen – 01/12/10 Page 3 Kathryn Fogal (Re-Appointment) Term to Expire: December 31, 2012 105 Coburn Woods Nashua, NH 03063 Business and Industrial Development Authority Jason B. Haviland (New Appointment) Term to Expire: September 13, 2012 29 Todd Road Nashua, NH 03064 Cable Television Advisory Board Andrew Cernota (Re-Appointment) Term to Expire: January 1, 2013 129 Shelley Drive Nashua, NH 03062 Child Care Advisory Commission Joan Schulze (Re-Appointment) Term to Expire: October 13, 2012 11 Spencer Drive Nashua, NH 03062 Conservation Commission Cynthia Overby (New Appointment) Term to Expire: December 31, 2011 520 Broad Street Nashua, NH 03063 David MacLaughlin, Alternate (New Appointment) Term to Expire: December 31, 2012 4 Heritage Village Drive Nashua, NH 03062 Peggy Trivilino (Re-Appointment) Term to Expire: December 31, 2012 14 Profile Circle Nashua, NH 03063 Mine Falls Park Advisory Committee Edward D. Moran (New Appointment) Term to Expire: December 31, 2012 37 Tampa Street Nashua, NH 03064 Zoning Board of Adjustment Gerard A. Reppucci (Moving from Alt. to Full Member) Term to Expire: September 11, 2010 83 Kinsley Street Nashua, NH 03060 MOTION BY ALDERMAN CLEMONS TO ACCEPT THE APPOINTMENTS BY THE MAYOR AS READ AND REFER THEM TO THE PERSONNEL/ADMINISTRATIVE AFFAIRS COMMITTEE Bd. of Aldermen – 01/12/10 Page 4 ON THE QUESTION Alderman Deane I have a question of the Chair of the committee if you don’t mind Mr. President. Normally on a re- appointment there has to be a formal request made by a member of this board for a re-interview. On the back side of this, Mr. Reppucci is going from an alternate to a full member. Will he be interviewed again? Alderman Clemons I don’t believe so no. Alderman Deane I respectfully request that he come in for an interview. Alderman Clemons I will try to arrange that. Alderman Deane Thank you very much. President McCarthy Is there any further discussion? MOTION CARRIED REPORTS OF COMMITTEE Finance Committee............................................................................. 01/06/10 There being no objection, President McCarthy declared the report of the January 6, 2010 Finance Committee accepted and placed on file. Planning & Economic Development Committee.................................. 12/21/09 There being no objection, President McCarthy declared the report of the December 21, 2009 Planning & Economic Development Committee accepted and placed on file. Joint Special School Building Committee............................................ 12/17/09 There being no objection, President McCarthy declared the report of the December 17, 2009 Joint Special School Building Committee accepted and placed on file. School Construction Projects Committee............................................ 12/17/09 There being no objection, President McCarthy declared the report of the December 17, 2009 School Construction Projects Committee accepted and placed on file. CONFIRMATION OF MAYOR'S APPOINTMENTS - None Bd. of Aldermen – 01/12/10 Page 5 UNFINISHED BUSINESS – RESOLUTIONS – None UNFINISHED BUSINESS – ORDINANCES – None NEW BUSINESS – RESOLUTIONS R-10-01 Endorser: Mayor Donnalee Lozeau Alderman Michael J. Tabacsko Alderman-at-Large Ben Clemons Alderman Arthur T. Craffey, Jr. RELATIVE TO THE ACCEPTANCE AND APPROPRIATION OF $75,000 FROM THE STATE OF NEW HAMPSHIRE, DEPARTMENT OF SAFETY INTO SPECIAL REVENUE ACCOUNT #336-6274 “PUBLIC SAFETY INTEROPERABILITY COMMUNICATIONS GRANT” AND TO AUTHORIZE THE TRANSFER OF MATCHING FUNDS IN THE AMOUNT OF $15,000 FROM ACCOUNT #590-23536 “PRIOR YEAR ESCROW, COMMUNICATIONS” Given its first reading; assigned to the HUMAN AFFAIRS COMMITTEE and the BUDGET REVIEW COMMITTEE by President McCarthy R-10-02 Endorser: Mayor Donnalee Lozeau Alderman-at-Large Barbara Pressly Alderman-at-Large Brian S. McCarthy Alderman Michael J. Tabacsko Alderman-at-Large Lori Wilshire Alderman Diane Sheehan Alderman Richard P. Flynn Alderman Mary Ann Melizzi-Golja Alderman-at-Large Ben Clemons Alderman Kathy Vitale Alderman Arthur T. Craffey, Jr. Alderman Jeffrey T. Cox SUPPORTING RAIL SERVICE AND AUTHORIZING JOINING THE NEW ENGLAND RAIL COALITION Given its first reading; assigned to the PLANNING & ECONOMIC DEVELOPMENT COMMITTEE by President McCarthy MOTION BY ALDERMAN DEANE THAT THE RULES BE SO FAR SUSPENDED AS TO ALLOW FOR THE FIRST READING OF A RESOLUTION RECEIVED AFTER THE AGENDA WAS PREPARED MOTION CARRIED R-10-03 Endorser: Mayor Donnalee Lozeau AUTHORIZING THE MAYOR AND CITY TREASURER TO APPLY TO THE NEW HAMPSHIRE DEPARTMENT OF ENVIRONMENTAL SERVICES (NHDES) TO INCREASE THE AMOUNT OF THE LOAN BY UP TO $250,000 FROM ITS REVOLVING LOAN FUND FOR ADDITIONAL EXPENSES RELATED TO THE HAINES STREET AREA SEWER SEPARATION PROJECT Given its first reading; Bd. of Aldermen – 01/12/10 Page 6 MOTION BY ALDERMAN DEANE TO ACCEPT THE FIRST READING OF R-10-03 BY ROLL CALL, ASSIGN IT TO THE BUDGET REVIEW COMMITTEE AND THE BOARD OF PUBLIC WORKS AND SCHEDULE A PUBLIC HEARING FOR THURSDAY, JANUARY 21, 2010, AT 7:00 PM IN THE ALDERMANIC CHAMBER ON THE QUESTION Alderman Deane I just want to speak briefly. At the Board of Public Works meeting yesterday, I took the agenda and went on the city’s web site and peeled off everybody’s e-mail address. What I am finding out now is a lot of people haven’t accessed that or don’t know how to access it. Whether they are using that type of service of not, but I did send an attachment along that detailed the motions that were made by the Board of Public works along with the other items that were approved. I sent it to your city address. My city e-mail comes to my home e-mail address. I don’t access, I forget the name of the program. I did send it along. If people have trouble opening it could you let me know and I will try another format. I know the Mayor had some problems. I have Windows 1968 so that is part of my problem. I will try to do a better job in sending that along using something that is a little more current that other people on the planet might still be using. Thank you. Alderman Tabacsko I was just going to say that I was unable to open the attachment. Alderman Deane It was some good reading too. President McCarthy We can’t wait until you upgrade to Windows 69. The motion is to refer R-10-03 to the Budget Review Committee and schedule a public hearing. Is there any further discussion? A Viva Voce Roll Call vote was taken, which resulted as follows: Yea: Alderman Clemons, Alderman Vitale, Alderman Craffey, Alderman Deane, Alderman Pressly, Alderman LaRose, Alderman Tabacsko, Alderman Melizzi-Golja, Alderman Cox, Alderman Sheehan, Alderman Wilshire, Alderman Chasse, Alderman Flynn, Alderman Cookson, Alderman McCarthy 15 Nay: 0 MOTION CARRIED Resolution R-10-03 assigned to the BUDGET REVIEW COMMITTEE and the BOARD OF PUBLIC WORKS NEW BUSINESS – ORDINANCES O-10-01 Endorser: Alderman Paul M. Chasse, Jr. CREATING A BUS PARKING ONLY ZONE ON A PORTION OF THE NORTH SIDE OF CLEVELAND STREET NEAR FAIRGROUNDS ELEMENTARY SCHOOL Given its first reading; Bd. of Aldermen – 01/12/10 Page 7 MOTION BY ALDERMAN CHASSE THAT THE RULES BE SO FAR SUSPENDED AS TO ALLOW FOR THE SECOND READING OF O-10-01 ON THE QUESTION Alderman Deane I would like to know what the sense of urgency is to suspend the rules. Alderman Chasse The signs are already up. Actually this is a new system of picking up and dropping the students at the Fairgrounds Elementary School, and they are bringing in the buses on Cleveland Street at this particular time. The city has already made an entranceway for the buses, the signs are already installed, and they put these up due to the fact that they started this new system right after the holidays at the beginning of the second part of the year. I am just trying to clean this up. It really has no bearing on any speed limit or anything. Alderman Deane Thank you. Alderman Pressly May I ask the member a question please? President McCarthy Sure. Alderman Pressly Is there any harm being done if we acted on this in the routine way? I have a personal objection to suspending the rules unless it is truly an emergency. Would any harm be done if we allowed this to go through the process just on the principle of not frivolously suspending the rules? Would any harm be done if we did wait? Alderman Chasse No harm done, but it is really nothing like say if it were a speed limit or something like that and counts had to be taken I would say yes, but this is just two signs that are already up there. Theoretically they could disobey the signs because they are not law. I just figured I would clean it up right now. They have been using that system for a couple of weeks now, and for the safety of the kids, and believe me it made all of the residents in that area happy. I am just trying to get this over with. It is up to you the way you vote. Alderman Pressly Thank you. Bd. of Aldermen – 01/12/10 Page 8 President McCarthy The motion is to suspend the rules to allow for a second reading of O-10-01. MOTION CARRIED Ordinance O-10-01 given its second reading; MOTION BY ALDERMAN CHASSE FOR FINAL PASSAGE OF O-10-01 MOTION CARRIED Ordinance O-10-01 declared duly adopted. O-10-02 Endorser: Alderman-at-Large Brian S. McCarthy UPDATING THE REFERENCE TO THE VERSION OF MASON’S MANUAL OF LEGISLATIVE PROCEDURE USED BY THE BOARD OF ALDERMEN Given its first reading; assigned to the PERSONNEL/ADMINISTRATIVE AFFAIRS COMMITTEE by President McCarthy O-10-03 Endorser: Mayor Donnalee Lozeau CORRECTING AND UPDATING SEVERAL ITEMS OF ADMINISTRATIVE LEGISLATION Given its first reading; assigned to the PERSONNEL/ADMINISTRATIVE AFFAIRS COMMITTEE by President McCarthy O-10-04 Endorser: Mayor Donnalee Lozeau UPDATING THE RESPONSIBILITY FOR PARKING METER AND PERMIT MATTERS Given its first reading; assigned to the PERSONNEL/ADMINISTRATIVE AFFAIRS COMMITTEE by President McCarthy O-10-05 Endorser: Alderman-at-Large Ben Clemons UPDATING THE DESCRIPTION OF WHAT VEHICLES MAY BE USED AS TAXICABS AND QUALIFYING ALL HYBRID ELECTRIC VEHICLES TO BE USED AS TAXICABS Given its first reading; assigned to the PERSONNEL/ADMINISTRATIVE AFFAIRS COMMITTEE by President McCarthy O-10-06 Endorser: Alderman-at-Large Ben Clemons Alderman-at-Large Lori Wilshire Alderman Diane Sheehan Alderman Jeffrey T. Cox REDUCING THE ANNUAL TAXICAB VEHICLE LICENSE FEE FOR HYBRID ELECTRIC VEHICLES Given its first reading; assigned to the PERSONNEL/ADMINISTRATIVE AFFAIRS COMMITTEE by President McCarthy PERIOD FOR GENERAL PUBLIC COMMENT – None Bd. of Aldermen – 01/12/10 Page 9 REMARKS BY THE MEMBERS OF THE BOARD OF ALDERMEN Alderman Deane Thank you. I wanted to publicly thank the City Clerk, his staff, and everyone else that participated in Sunday’s festivities at the North High School. It was well run. Again, Mr. Bergeron you do an outstanding job for the city no matter what you do. Thank you very much. Alderman Pressly I would like to announce that next Thursday are the oral arguments before the Supreme Court regarding the purchase of Pennichuck. It is at 10:00 a.m. I will be driving. If anyone would like to carpool with me you are more than welcome. If you have never been to the Supreme Court, it is an interesting thing to be part of. It is a very short period so you would be back by noon time if you choose to go. Let me know if you would like a ride. Thank you. Alderman Clemons I would like to welcome all of the new Aldermen and say hello to all of the returning Aldermen and say that I am very hopeful that this term has a positive tone to it and that we can work together collaboratively and do really good things for this city in the next two years. Thank you. President McCarthy I would echo the sentiments thanking the City Clerk and the Inauguration Committee for their work on the Inauguration. I would like to comment that the hospitality program at Nashua High did its typical outstanding job of providing refreshments for the Inauguration program. Committee announcements: Alderman Clemons The Personnel/Administrative Affairs Committee will meet this Thursday at 7:00 p.m. in these chambers. Alderman Tabacsko The Planning & Economic Development Committee will meet a week from tonight, Tuesday, here at 7:00 p.m. Alderman Deane The Budget Review Committee will meet on January 21, 2010. Other than the Vice-Chair, I would like the members involved, anyone wishing to step forward to clerk the committee please contact me as soon as possible. President McCarthy We have a Committee of the Whole meeting tomorrow evening at 7:00 p.m. Bd. of Aldermen – 01/12/10 Page 10 ADJOURNMENT MOTION BY ALDERMAN WILSHIRE THAT THE JANUARY 12, 2010 MEETING OF THE BOARD OF ALDERMEN BE ADJOURNED MOTION CARRIED The meeting was declared adjourned at 7:55 p.m. Attest: Paul R. Bergeron, City Clerk