Aldermen, Board of

A regular meeting of the Board of Aldermen was held Tuesday, February 9, 2010 at 7:30 p.m. in the Aldermanic Chamber. President Brian S. McCarthy presided; Deputy City Clerk Patricia Piecuch recorded. Prayer was offered by Deputy City Clerk Patricia Piecuch; Alderman Pressly led in the Pledge to the Flag. The roll call was taken with 15 members of the Board of Aldermen present. Her Honor Mayor Donnalee Lozeau and Corporation Counsel James M. McNamee were also in attendance. REMARKS BY THE MAYOR Mayor Lozeau I thought I would take a moment tonight to talk to you about our staff that went above and beyond in the last couple of weeks for two items; first the Presidential visit, as you are all aware, really had the community abuzz, and our staff both police and fire really rose to the occasion and did a nice job. I think when Nashua was showcased on the national news and in the national press I think it was a wonderful event. Now granted there are people, and we have all heard, that were not able to get into the building at a certain point. That was a judgment call, of course, made by both the Secret Service and the Fire Marshall and was really out of the hands of many people. It was a great event, and I think we were well represented. Almost a year to the day a second five-alarm fire occurred in this city on Pine Street. At 3:00 a.m. on Sunday in bitterly cold weather, a very dangerous circumstance being the five-alarm fire as well as the cold, the ice, the need for other departments to come in and help the city. It was an amazing site to behold the way they worked together during that time. For those families that lost their homes, fire, of course, is a devastating event. For the business owners it is the same. For the community to look at it and think there is a landmark building built in the 1900s that we potentially will lose, was also very devastating. I want you to know that again, aside from police and fire, the Fire Marshall, the streets department, community development, the risk department, the legal department have really been working hard together to look at what the options might be for that building and its property going forward with the owners of that building. But, again, I am very proud of the work the city has done pulling together around something very critical and dangerous. Lives were not lost. I thought it was important to mention that tonight. Mr. President, thank you for your attention this evening. RESPONSE TO REMARKS OF THE MAYOR Alderman Pressly Thank you Mr. President. Madam Mayor thank you for mentioning the building that caught on fire. I would like to stress to you and the members of the Board the importance of that building and protecting the façade of it, and I would like to encourage all of us to work individually and together with the Mayor and the staff to see what we can do to see that that façade is protected. If you would indulge me for a moment, I will tell you that I served over 20 years ago, and I started out through historic preservation and we created the Nashua Historic District. We did it in two years, and after that we turned to other historic properties that we could focus on. Low and behold, we found out that Community Development Block Grant money also had a historic component so we went to Mitch Focus or Martha’s Exchange and we twisted his arm and we said Bd. of Aldermen – 02/09/10 Page 2 can’t we give you a couple thousand dollars and will you remove the plastic that you have outside your building and take a look at the original storefront that you have. We begged and pleaded, and finally he agreed to do it. That small beginning of public money is what turned Main Street around. Before he died, every time I went into Martha’s Mitch Focus reminded me that some of us encouraging the preservation of that storefront is what motivated the whole preservation of downtown. I say this to tell you I think it was the best investment of public money that this city has ever made, and the importance of our wonderful buildings and what they can do to revitalize areas. I am not sure what we can do Madam Mayor, but I for one, and I think there are others who will join me, if we could help in any way to help the owners to know that we appreciate that building and we will work with them in any way that we can to see that at least the façade, which is a beautiful special building, be protected. I think if we could do that we could end up revitalizing that part of our city just as we did Main Street many years ago. Thank you. Mayor Lozeau Could I please Mr. President? I would appreciate it. I didn’t speak to it in my remarks because it is a privately owned building, but when I talked about the staff coming together, I meant that sincerely. Beyond the obvious, the economic development staff, community development staff, myself, and risk management as well as the Fire Marshall have been working on this since Sunday trying to find out whether or not we could assist in any way, whether we had dollars that maybe could be used for this. I appreciate that building as well, but the first priority is public safety. Alderman Pressly Absolutely. Mayor Lozeau Now we have had three structural engineers that have been on that site and all have said that the building is not structurally sound. The third floor is going to have to be removed from that building and likely the building will be demolished is where the owners are heading. The building has asbestos. There is an environmental review going on. If we can find a way to help them and leverage what they have and what we might be able to bring to the table to save two stories of it, rebuild a third story, or keep that building, we will certainly do that. But, I don’t want people to have hope that we could actually pull a rabbit out of our hat and pull it off. As I said, fire is devastating and things happen. I would not want to leave any stone unturned, and that is what we are doing, but I don’t want anybody to have some hope that there is a lot that can be done. The building you will see the streets are closed and have been closed, there is a fence that will be erected around the building for safety reasons, decisions will be made within the week. All I can do is tell you we will do the best we can to support them in whatever it is that needs to be done. Barbara Pressly Thank you Madam Mayor and Mr. President. I appreciate all that you have been doing, and I would like to offer my services to join that team. I served for nine years as one of the state advisors to the National Trust for Historic Preservation and I remain as an Advisor Ameritas. We would be happy to work in any way we can. Many wonderful projects are done by protecting the exterior. That is the part that has public purpose. If there is asbestos, whatever is going on inside can be changed. If we Bd. of Aldermen – 02/09/10 Page 3 can let them know, if you will just convey to them that there are many of us that really will help them in any way that we can to protect the façade. I was out there today and it looked in pretty good shape to me. It looked like we could save it or try to save it anyway, just the exterior. Thank you. RECOGNITION PERIOD R-10-06 Endorsers: Mayor Donnalee Lozeau Board of Aldermen EXTENDING CONGRATULATIONS TO THE NASHUA PAL FORCE JUNIOR TEAM ‘09 Given its second reading; MOTION BY ALDERMAN TABACSKO THAT THE RULES BE SO FAR SUSPENDED AS TO ALLOW FOR A SECOND READING OF RESOLUTION R-10-06 MOTION CARRIED Resolution R-10-06 given its second reading; MOTION BY ALDERMAN TABACSKO FOR FINAL PASSAGE OF R-10-06 MOTION CARRIED Resolution R-10-06 declared duly adopted. READING MINUTES OF PREVIOUS MEETING AND PUBLIC HEARING MOTION BY ALDERMAN CLEMONS THAT THE MINUTES OF THE BOARD OF ALDERMEN MEETING OF JANUARY 26, 2010, AND THE PUBLIC HEARING CONDUCTED BY THE HUMAN AFFAIRS COMMITTEE OF JANUARY 25, 2010 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: Building Code Board of Appeals George Fallet (Reappointment) Term to Expire: March 31, 2012 32 Watersedge Drive Nashua, NH 03063 Bd. of Aldermen – 02/09/10 Page 4 Cable Television Advisory Board George Allen (New Appointment) Term to Expire: January 1, 2013 26 Spencer Drive Nashua, NH 03062 Patricia A. Casey (New Appointment) Term to Expire: January 1, 2013 15 Pine Hill Ave. Nashua, NH 03064 Child Care Advisory Commission Maria Donati (Reappointment) Term to Expire: October 13, 2012 12 Flint Meadow Dr. Brookline, NH 03033 Dorothy Rodriguez (Reappointment) Term to Expire: October 13, 2012 62 Monroe Street Nashua, NH 03060 Sarah Ward (New Appointment) Term to Expire: October 13, 2011 79 West Groton Road Nashua, NH 03062 Conservation Commission Richard Gillespie (Reappointment) Term to Expire: December 31, 2012 15 Spencer Drive Nashua, NH 03062 Historic District Commission William Hooley, Alternate (Reappointment) Term to Expire: September 30, 2012 4 Carmine Road Nashua, NH 03063 MOTION BY ALDERMAN CLEMONS TO ACCEPT THE APPOINTMENTS BY THE MAYOR AS READ AND REFER THEM TO THE PERSONNEL/ADMINISTRATIVE AFFAIRS COMMITTEE MOTION CARRIED REPORTS OF COMMITTEE Finance Committee............................................................................. 01/20/10 There being no objection, President McCarthy declared the report of the January 20, 2010 Finance Committee accepted and placed on file. Finance Committee............................................................................. 02/03/10 There being no objection, President McCarthy declared the report of the February 3, 2010 Finance Committee accepted and placed on file. Bd. of Aldermen – 02/09/10 Page 5 Human Affairs Committee................................................................... 01/25/10 There being no objection, President McCarthy declared the report of the January 25, 2010 Human Affairs Committee accepted and placed on file. CONFIRMATION OF MAYOR'S APPOINTMENTS - None UNFINISHED BUSINESS – RESOLUTIONS – None UNFINISHED BUSINESS – ORDINANCES - None NEW BUSINESS – RESOLUTIONS - None NEW BUSINESS – ORDINANCES O-10-10 Endorser: Alderman Paul M. Chasse, Jr. CREATING A FOUR-WAY STOP AT THE INTERSECTION OF LEWIS STREET AND MONROE STREET Given its first reading; assigned to the COMMITTEE ON INFRASTRUCTURE by President McCarthy O-10-11 Endorser: Alderman Arthur Craffey Alderman-at-Large Ben Clemons ESTABLISHING A HANDICAPPED PARKING SPACE ON MAIN STREET IN FRONT OF THE PERSIAN RUG GALLERY BUILDING Given its first reading; assigned to the COMMITTEE ON INFRASTRUCTURE by President McCarthy PERIOD FOR GENERAL PUBLIC COMMENT James Cutter, 86 Palm Street Read an open letter to Alderman-at-Large Brian S. McCarthy, President, Board of Alderman, City of Nashua. The letter requested assistance with an issue of loss of personal property created by city building inspectors. He explained a month ago he left papers and requested an Aldermanic investigation. He commented beginning with the September 22nd Board of Aldermen meeting and ending with the December 8th meeting, he spoke briefly about the issue in an effort to be easily understood and remembered. He stated President McCarthy had told him he read about half of the papers and then provided them to the legal department. Mr. Cutter stated those papers leave no doubt the city is responsible for his neighbors taking his land. He commented Director Hersh will not speak to him, but had said she would back him if she was allowed to speak. Stated RSA 676:11 Building Permits Required makes the building inspector responsible for the permit, either he approves or rejects it. Ordinance 190-268, building permits and land use permits states a plot plan must show the actual dimensions of the lot and must agree with the deed. He provided the example of it taking a year of persistence to get the Assessor’s Office to correct the 88 Palm Street tax map. It had been changed along with his in 1950 to agree with the erroneous building permit. In 1968 when his neighbors bought the property it stayed the same even though when the property is sold the tax map must be checked to make sure it agrees with the deed just as Bd. of Aldermen – 02/09/10 Page 6 his did in 1972 for the owner before him. The year before when another building permit was approved in error, it agreed with the one in 1950. He stated a total of 6 errors made by public servants. He stated RSA 641:3 Unsworn Falsification makes it a criminal offense when a person with the purpose to deceive a public servant submits a boundary mark on a plot plan, which he or she knows to be false. RSA 626:3 Effect of Ignorance or Mistake declares a person is not guilty of an offense under Ordinance 190-268 is his/her belief is founded on a written interpretation of the law relating to the offense. He stated that would be the erroneous building permits and the tax maps. He commented the legal department are public servants and have a duty to the citizens in public matters. Believes they have not been honest by avoiding the fact the building permits were approved by public servants when they did not agree with the deed. State he would appreciate the board ensuring the 3’ wide strip of his driveway and clothesline area is returned to him, and the fence, etc. are removed. Robert Sullivan, 12 Stonybrook Road Gave credit to the previous speaker for his persistence and effort, and congratulated the newly elected Aldermen. He remarked he had listened to the last Board of Aldermen meeting where Mr. Gleneck spoke of the Broad Street Parkway, and believed many of the points brought up were appropriate. He stated his belief if the project were presented in the form of a Referendum, the citizens would not vote for it. Given the current economic times, he believes the funds could be used for items such as the school system. He stated he was the individual that brought forth to the Aldermen, on two separate occasions, the need to ask for a non-binding referendum on this particular project. A few years ago Alderman Richardson and two years ago Alderman Clemons supported such a referendum. He requested that be reconsidered. With regard to the Right to Know Law, he stated he had written a short article in response to another citizen pertaining to the Right to Know Law. He read the following sentences from his response; “More openness in government, not less, that is what I believe the citizens are looking for.” He ended the letter to the Editor with “Let’s broaden the Right to Know Law not restrict it. Government at all levels needs to be open and accountable to the citizens not the other way around.” Asked the Board and state elected officials to broaden the Right to Know Law and allow citizens to view all negotiations that take place with our employees. Stated he believed there were a couple of merits that warranted the potential change in the Right to Know Law, which had to do with having the Board of Aldermen able to negotiate. Reiterated the citizens want to know what happens with their governing boards and the other boards that make final decisions as to how contracts and other negotiations are performed. Thanked Mayor Lozeau for her comments at the Board of Education meeting, and commended her for asking all city departments to hold down spending next year. Touched on the current economic conditions, which are expected to continue for the next 2-3 years. Remarked the economy over the past 5-6 years was a consumer based economy, which lead growth through debt and will take several years to climb out of. Speaking on a national level, commented there are two demographics of people that need to be protected; senior citizens and youth. Stated up until about 10 years ago there was a surplus in the Bd. of Aldermen – 02/09/10 Page 7 Social Security system for decades. Our government decided to utilize the surplus on anything especially deficit spending and the military budget. This went on for decades. Instead of putting money aside they would write off paper IOUs. That is one of the reasons we are facing the current situation. Stated this year the government is spending one trillion dollars on our military budget. Commented the book Nemesis by Chalmers Johnson points out there are more monies being spent over and above what is being spent on our military. Believes it would behoove the citizens to consider reducing last year’s military budget by 5% and putting those funds either toward the Social Security system (each and every year) or toward a better healthcare system (not the one presently being reviewed). Believes it is time to start speaking up and ensure we protect the seniors and youth. James Vayo, 3 Arlington Street Mr. Vayo introduced himself as a recent graduate of the Boston Architectural College. Stated he has a degree in architecture, and is currently unemployed. While at college, he took a class in 18th Century buildings, which involved understanding fire-proof and fire-resistant buildings of the 18th and 19th Century. Suggested the Board imagine the Landmark/Odd Fellow building had a fire, and asked if the city would allow that building to be torn down and another put up in its place. Did not believe the city would allow that to happen. Feels the building on Pine Street is very much the same type of building; it is a masonry exterior building with either a steel structure or wood frame structure post system inside. These buildings are designed to burn down without taking down the buildings around them, and then be re-built within the masonry walls that are standing. Stated when he hears claims by engineers that the third story likely needs to come down he finds it hard to believe. Remarked he is neither an engineer nor a licensed architect, but can state those buildings were designed to be rebuilt. Suggested the board look at any method possible to provide incentive for the restoration of the exterior façade of that building as you don’t get to build masonry like that again, and the city only has so many of them. Stated the building stands at a very important intersection; at the end of the Broad Street Parkway intersection. If the building is torn down the property will be worth a lot of money when the parkway is completed. He stated “those two things together and the untimely event, makes me raise my eyebrows a little bit.” If the core of the building can be gutted and the exterior façade used with a modern building within, the city would achieve the best of both worlds. REMARKS BY THE MEMBERS OF THE BOARD OF ALDERMEN Alderman Deane Questioned whether the previous speaker was implying the Broad Street Parkway might have had something to do with the fire, and stated he would not think that would be the case. He stated he may have misunderstood what was being said. With regard to the architectural remarks pertaining to the exterior, stated he has done some work in some older buildings in the city, and they used to set the structural timbers into a mudsill. The buildings were designed so that if there was a fire the terracotta and brick veneer would stay, the wood structure would collapse inside, and the façade would remain basically unscaved. A lot depends on the quality of the exterior façade like the pointing of the masonry and how tattered some of that was. He commented on the brick veneer issues addressed at the Hunt Building. Bd. of Aldermen – 02/09/10 Page 8 The structural integrity of the façade is being looked at now and a recommendation will come forward. Thanked the speaker for his comments and interest. Alderman Pressly Stated last Wednesday she had her thyroid surgically removed and is doing well. She remarked because of that procedure she became the first beneficiary of the Sunshine Fund that the Board supports. She thanked the Board for the beautiful flowers and well wishes she received from them. Alderman Cox Informed the Board and the public of an upcoming event called Empty Bowls taking place on February 17th at Nashua High School South from 6:00 – 8:00 p.m. All benefits go to the Nashua Soup Kitchen. The children made the bowls and many restaurants and businesses in the city are contributing to make it another successful event. Alderman Flynn Stated there is a new category on the tax return this year called Making Work Pay and Government Retiree Credits, Schedule M. If you don’t fill it out you lose money for not filling it out. It is on line 38 of Form 1040, line 22 of Form 1040A, and line 8 of Form 1040EZ. For most people it looks like a government retiree credit, but actually almost everybody is entitled to the making work pay credit ($400 for an individual and $800 for filing jointly). Speaking to senior citizen homeowners in Nashua stated at the end of the last term the Board of Aldermen agreed to change the income limit for married seniors (to $40,000). He believes there are some people who could benefit from that change, and now is the time to either visit the city web site for additional information or visit the city Assessor’s Office to see if you qualify. President McCarthy Stated he has all four dates arranged for the public input sessions on strategic planning, and will get the information on that out this week. Believes there will be a meeting prior to those dates to further discuss format. Committee announcements: Alderman Clemons The Personnel/Administrative Affairs Committee will meet this Thursday at 7:00 p.m. in the Aldermanic Chamber. Alderman Cox The Committee on Infrastructure meeting previously scheduled for Wednesday, February 10th has been cancelled due to anticipated inclement weather. The speaker lives in Cornish and would have had a six hour round trip. The next meeting is February 24th. He will work with the Mayor’s Office to coordinate the speaker to give his update some time in March. Bd. of Aldermen – 02/09/10 Page 9 ADJOURNMENT MOTION BY ALDERMAN LAROSE THAT THE FEBRUARY 9, 2010 MEETING OF THE BOARD OF ALDERMEN BE ADJOURNED MOTION CARRIED The meeting was declared adjourned at 8:17 p.m. Attest: Patricia Piecuch, Deputy City Clerk