Aldermen, Board of

A regular meeting of the Board of Aldermen was held Tuesday, March 9, 2010 at 7:30 p.m. in the Aldermanic Chamber. President Brian S. McCarthy presided; City Clerk Paul R. Bergeron recorded. Prayer was offered by City Clerk Paul R. Bergeron; Alderman LaRose led in the Pledge to the Flag. The roll call was taken with 13 members of the Board of Aldermen present; Alderman Chasse was not in attendance, but participated in the meeting via telecommunication. Alderman Wilshire was not in attendance. President McCarthy Alderman Chasse is with us by phone. Alderman Chasse can you hear us? Alderman Chasse Yes. President McCarthy Under the terms of our ordinance we need you to state why you can’t be here, whether you can hear everyone, and you need to tell us who is with you. Alderman Chasse This is Alderman Chasse. This is not working. I had a great communication this afternoon, but unfortunately you are just totally breaking up. I guess I am going to ask that maybe Alderman Cox take care of my ordinance for me. He said he would. President McCarthy He will do that. Alderman Chasse I can’t hear you. I am sorry. President McCarthy Alderman Chasse would you like us to just continue and we will take care of the ordinance for you? Alderman Chasse I think you asked me about Alderman Cox. I am sorry. I guess I am going to have to sign off. Alderman Deane Mr. President, is he calling us or are we calling him? President McCarthy We called him. Bd. of Aldermen – 03/09/10 Page 2 Alderman Deane Thank you. Her Honor Mayor Donnalee Lozeau and Corporation Counsel James M. McNamee were also in attendance. REMARKS BY THE MAYOR Yes, Mr. President. Thank you very much. I wanted to begin my remarks tonight talking about the Labine Building on Pine Street. There has been some confusion when I talk to folks about the funds that have been talked about in the newspaper and amongst us that they thought that this money was economic stimulus money, the ARRA dollars, when we talk about the Neighborhood Stabilization money. I just wanted to clear up that actually it is not the ARRA money otherwise known as economic stimulus. It is actually called Housing Stimulus dollars which was signed into law in July of 2008 in the Housing and Economic Recovery Act. So, it’s been a long time in getting to us through the final analysis but those dollars are specifically about housing. If any of you in this room recall that because as we talked about passing the resolution that allowed us to accept these dollars, we explained how it would relate to neighborhoods. So, I just wanted to make sure that was clear to everybody. In addition, I wanted to let you know that the status really is that, at this stage, is that we are working with the owners. As you know, the building has been tarped, the street has been opened, the bricks that were taken down from the third story and in some places the second story have been saved on site, and we are hopeful that we will be able to use Neighborhood Stabilization dollars to leverage against private dollars to restore the building. That is the current plan. So, I just wanted to make sure that I explained that. The second item that I wanted to talk about is we have some good news. Nashua has again been recognized by a magazine for those of you who do not know yet, the editors of This Old House identified the North End of Nashua as the 2010 Best Old House Neighborhood in the State of New Hampshire. The editors were looking for neighborhoods with promising futures, people that care, homes that truly deserve a long term commitment, unique tight-knit neighborhoods with architectural diversity, craftsmanship of the homes and preservation momentum in the area as well as amenities including walk-ability, safety and community. If you go to the city’s home page, there is a little house on the right hand side that is the logo for This Old House. If you click on that you can read the article and see the house on Concord Street that they actually put a picture of on the website. I think they got it right. I’m excited about that and happy to share it. The last item that I would like to share with the Board is of more of a somber note. As many of you know, at our last meeting, I didn’t have an opportunity to speak about Mr. Edmund Keefe. Some of you did make comments about him but I thought it would be nice to share kind of a bigger picture about his life and his history here in New Hampshire and in Nashua, in particular. As you know, he died one month short of being 102. He had been a resident of Nashua for more that 70 years. He started his teaching career here in Nashua at the age of 21 in September of 1929 just months before the Great Depression. Forty-four years he served in education in this community. He started as a teacher, teaching U.S. History and Ancient History from 1929 to 1945. He was the principal of Nashua High School from 1945 to 1958 and then the Superintendent of Schools from 1958 to 1973. He was hired at $1,600 per year, which actually was reduced to $1,440 per year and then to just $5 a day, all within his first year because of the Depression. The good news for Nashua was that he stayed with us. After retirement he served eight terms as a State Representative, representing Ward 8. That is when I first had the opportunity to meet and serve with him. He served many years as a volunteer at the Nashua Historical Society creating programs for 4th graders and guiding them Bd. of Aldermen – 03/09/10 Page 3 through the Society as part of their local history studies. He had a tremendous impact on thousands of residents in Nashua during his teaching career. Students, teachers and parents all benefited from him. He not only taught history but he lived through the times that our current students are studying right now in History classes. He lived out a long life of commitment and community service that is an example to both young and old of what it means to be a good citizen. It seems that Nashua not only supports longevity in neighborhoods and homes but in individuals as well. I would extend our thanks and our condolences and our sympathies to Mr. Keefe’s family. Thank you for your kind attention this evening. RESPONSE TO REMARKS OF THE MAYOR Alderman Pressly Thank you Mr. President. Madam Mayor thank you very much for your wonderful effort on trying to save the Labine building. I know it is still iffy, but I know that you and the whole staff at the city have done everything possible to try to save that building. To one interesting tie in on your presentation tonight, Mr. Keefe also was on the original group that created the Historic District for the north end so he would be very very pleased to know that some of his hard work in the preservation of the city is being honored in This Old House. He was the original representative from the Historical Society serving on that commission. Thank you for your comments. RECOGNITION PERIOD R-10-08 Endorsers: Mayor Donnalee Lozeau Board of Aldermen EXTENDING CONGRATULATIONS TO THE NASHUA PAL FORCE SENIOR TEAM ‘09 Given its first reading; MOTION BY ALDERMAN TABACSKO THAT THE RULES BE SO FAR SUSPENDED AS TO ALLOW FOR A SECOND READING OF R-10-08 MOTION CARRIED Resolution R-10-08 given its second reading; MOTION BY ALDERMAN TABACSKO FOR FINAL PASSAGE OF R-10-08 MOTION CARRIED Resolution R-10-08 declared duly adopted. READING MINUTES OF PREVIOUS MEETINGS MOTION BY ALDERMAN CLEMONS THAT THE MINUTES OF THE BOARD OF ALDERMEN MEETINGS OF FEBRUARY 23, 2010, BE ACCEPTED, PLACED ON FILE, AND THE READINGS SUSPENDED MOTION CARRIED COMMUNICATIONS MOTION BY ALDERMAN PRESSLY THAT ALL COMMUNICATIONS BE READ BY TITLE ONLY MOTION CARRIED Bd. of Aldermen – 03/09/10 Page 4 From: Traffic Safety Group Re: Ordinance O-10-10, Amended MOTION BY ALDERMAN COX TO ACCEPT AND PLACE ON FILE PERIOD FOR PUBLIC COMMENT RELATIVE TO ITEMS EXPECTED TO BE ACTED UPON THIS EVENING President McCarthy Before I recognize the speaker I do want to comment that at the last meeting I was incorrect in my assertion that new business should be held until the end of the meeting. Our ordinances do allow for comments on ordinances and resolutions at any phase of their life during the first public comment period. James Bernard, 21 Lewis Street Speaking with regard to O-10-10 stated the ordinance was brought about as a four-way stop sign. The intention of the neighbors was to control the speed of traffic on Lewis Street. Remarked there have been studies done, there have been accidents at Monroe and Lewis, and some concerns with visual obstructions coming out of Monroe have been expressed. Reiterated the concern of the neighbors is the traffic. The streets comes off of Lake Street at an angle. People accelerate coming from west to east on Lake Street, cross Lake Street onto Lewis Street, and continue to accelerate into the neighborhood. The street itself is 24’ wide and the average speed is about 40 mph. He commented on the number of children residing in the neighborhood. He stated by making Lewis Street a one way from Monroe to Lake Street will resolve 50% of the speeding. The neighborhood is willing to accept the proposal of a one-way street although they prefer the four way stop solution. Requested the board pass the legislation as the situation is affecting the quality of life in the neighborhood. PETITIONS – None NOMINATIONS, APPOINTMENTS AND ELECTIONS Appointments by the Mayor The following Appointment by the Mayor was read into the record: Airport Authority Mr. Dennis Stephens (New Appointment) Term to Expire: August 31, 2011 9 Byron Drive Nashua, NH 03062 MOTION BY ALDERMAN CLEMONS TO ACCEPT THE APPOINTMENT BY THE MAYOR AS READ AND REFER IT TO THE PERSONNEL/ADMINISTRATIVE AFFAIRS COMMITTEE MOTION CARRIED Bd. of Aldermen – 03/09/10 Page 5 REPORTS OF COMMITTEE Budget Review Committee ................................................................... 02/18/10 There being no objection, President McCarthy declared the report of the February 18, 2010 Budget Review Committee accepted and placed on file. Finance Committee .............................................................................. 03/03/10 There being no objection, President McCarthy declared the report of the March 3, 2010 Finance Committee accepted and placed on file. Committee on Infrastructure ................................................................ 02/24/10 There being no objection, President McCarthy declared the report of the February 24, 2010 Committee on Infrastructure accepted and placed on file. Planning & Economic Development Committee ................................... 03/02/10 There being no objection, President McCarthy declared the report of the March 2, 2010 Planning & Economic Development Committee accepted and placed on file. CONFIRMATION OF MAYOR'S APPOINTMENTS – None UNFINISHED BUSINESS – RESOLUTIONS – None UNFINISHED BUSINESS – ORDINANCES O-10-07 Endorser: Alderman Paul M. Chasse, Jr. ESTABLISHING A 25 M.P.H. SPEED LIMIT ON LAWNDALE AVENUE Given its second reading; Alderman Cox For the record I would like to first say Alderman Chasse would like to be making the motions tonight for the pieces that he brought forward. He is on vacation and tried to participate by telephone, which was unsuccessful. MOTION BY ALDERMAN COX FOR FINAL PASSAGE OF O-10-07 MOTION CARRIED Ordinance O-10-07 declared duly adopted. O-10-08 Endorser: Alderman Paul M. Chasse, Jr. ESTABLISHING A NO PARKING ZONE ON THE SOUTH SIDE OF REVERE STREET Given its second reading; MOTION BY ALDERMAN COX FOR FINAL PASSAGE OF O-10-08 MOTION CARRIED Ordinance O-10-08 declared duly adopted. Bd. of Aldermen – 03/09/10 Page 6 O-10-09 Endorser: Alderman Paul M. Chasse, Jr. Alderman-at-Large David W. Deane PROHIBITING THE OPERATION OF TRAILER-TRUCKS ON ROBINSON ROAD Given its second reading; MOTION BY ALDERMAN COX FOR FINAL PASSAGE OF O-10-09 MOTION CARRIED Ordinance O-10-09 declared duly adopted. 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 second reading; MOTION BY ALDERMAN COX TO RE-REFER O-10-10 TO THE COMMITTEE ON INFRASTRUCTURE ON THE QUESTION Alderman Deane Thank you. Was that the wish of Alderman Chasse? Alderman Cox Correct Alderman Deane. President McCarthy Is there any further discussion? Alderman Cox Alderman Chasse has received a few e-mails. Some constituent conversations need to be had. He spoke with me, and we have discussed, with the Mayor’s Office, doing some further due diligence to look into all of the facts and other options and things that can be had for this area and make sure that we do the most complete and best thing possible. Alderman Chasse agrees fully it is not just the sight impairment and would like to make sure we do further diligence and make sure that we have the best resolution possible for that street. Thank you. Alderman Deane I just wanted to comment on a couple of items. I was a little surprised that there was even a recommendation for a four way stop sign and that a warrant analysis wasn’t even done. I was taken aback. We spent a lot of time in the past with four way stop signs. I think Ward 3 is probably the most inundate ward with four way stop signs. In most cases there aren’t even ordinances associated with them. In other cases there was no warrant analysis done, ordinances came in, and they were slapped up all over the place. We’re always told that stop signs aren’t traffic calming measures. Bd. of Aldermen – 03/09/10 Page 7 It was evident this evening through the comment given by the gentleman that lives on this very street that there are some speeding issues that need to be addressed, but the idea of a four way stop sign with no warrant analysis is what I considered as a bone being thrown to Alderman Chasse in lieu of as he stated, they wouldn’t let him file legislation to make this road into a one way street. I will go along with his wishes. It is his ward and I understand that. As the nicer weather approaches and these children are getting out of school – there is obviously an issue that was raised this evening by the gentleman that spoke earlier during public comment – I don’t want to see this dragged out into September. We will meet and take action on whatever other recommendations, but the only recommendation that was offered was a four way stop sign. Since we pulled the trigger and amended it and made it a one way street I guess that got people’s attention, which is good. Maybe there is a better way to resolve this other than making it a one way street. I, along with I believe everybody else on this board, received – I received one e-mail from the folks I believe live at 1 Lewis Street. Maybe that is the wrong address. They weren’t too happy with this, but other than that I am sure Alderman Chasse being his ward he has been dealing with constituents in that area. I don’t see a need to – is your motion to table? I think the motion would be to re-refer. President McCarthy I had re-stated it as a motion to re-refer. Alderman Deane Okay. Thank you. I just didn’t want to have it stuck here. We can deal with it in Infrastructure. Thank you. Alderman Clemons I grew up in the neighborhood. I know it very well. That is a street that has been a problem. I don’t think creating it as a one-way is the solution to that. But I think certainly looking into other things, including the four-way stop, is appropriate. So, I will support re-referring. Alderman Pressly I will also support re-referring, but only with the understanding that something be done here. Alderman Chasse indicated that he’s worked a long time on this, and I think it is time based on the discussion tonight at the meeting that this be resolved. Thank you very much. MOTION CARRIED Ordinance O-10-10 re-referred to Committee on Infrastructure. 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 second reading; MOTION BY ALDERMAN CRAFFEY FOR FINAL PASSAGE OF O-10-11 Bd. of Aldermen – 03/09/10 Page 8 ON THE QUESTION Alderman Cookson I had raised concerns in the Infrastructure Committee meeting last week with regard to this particular ordinance with the idea of it setting precedent for any shop owner who might be interested in establishing a handicapped spot in front of their store. I certainly wanted to be empathic of the owner’s clientele and making sure that they had appropriate access, but in the minutes that we just accepted, the February 24, 2010, Committee on Infrastructure committee meeting, I had raised concerns and had requested the Chair make a request to get some information. At this point in time, I would like to, through you, ask the chair of the committee if those requests have been submitted and what information he may have received in response to those inquiries. Alderman Cox I have submitted every question that we had. The update Alderman Cookson is referring to for where we stand downtown will be scheduled in the near future, within the next three meetings. Other than that, the only other questions regarding the traffic safety report and everything else have all been answered and we will have all the information for tomorrow night’s meeting. Alderman Cookson The particular question that I was interested in was: Are we in ADA compliance with our handicapped parking in the downtown area. Alderman Cox I do not have an answer to that yet. Alderman Cookson Was that question submitted? Alderman Cox Yes. Alderman Cookson To whom? Alderman Cox Director Kenison. Alderman Cookson At the committee meeting, we determined that there were five handicapped spots on Main Street, and its totality, and three additional handicapped spots on Water Street. There just seems to be a mismatch of where we place our handicapped spots, why we place them there. I think we need to have a better idea of where the handicapped spots are, where they should be located, if we are in ADA compliance. While I appreciate the request of the maker of the motion, I can’t support the ordinance at this time without the additional information. Bd. of Aldermen – 03/09/10 Page 9 MOTION CARRIED Ordinance O-10-11 declared duly adopted. NEW BUSINESS – RESOLUTIONS R-10-09 Endorsers: Mayor Donnalee Lozeau Alderman-at-Large Lori Wilshire Alderman-at-Large Ben Clemons Alderman Michael J. Tabacsko Alderman Kathy Vitale Alderman Mary Ann Melizzi-Golja Alderman Diane Sheehan RELATIVE TO THE ACCEPTANCE AND APPROPRIATION OF $25,000 FROM THE STATE OF NEW HAMPSHIRE, DEPARTMENT OF SAFETY INTO SPECIAL REVENUE ACCOUNT #331-6252 “2009 FEDERAL STREET SWEEPER GRANT” Given its first reading; assigned to the HUMAN AFFAIRS COMMITTEE by President McCarthy R-10-10 Endorsers: Mayor Donnalee Lozeau Alderman Jeffrey T. Cox Alderman Arthur T. Craffey, Jr. Alderman Kathy Vitale Alderman-at-Large Brian S. McCarthy AUTHORIZING THE PURCHASE OF LAND AND IMPROVEMENTS AT 40 PINE STREET, TAX LOT 83-80 FOR THE SUM OF $225,800 Given its first reading; assigned to the COMMITTEE ON INFRASTRUCTURE and the NASHUA CITY PLANNING BOARD by President McCarthy NEW BUSINESS – ORDINANCES O-10-13 Endorser: Mayor Donnalee Lozeau AMENDING THE ‘LAND USE CODE’ BY ADDING PROVISIONS REGARDING DRUG REPLACEMENT THERAPY FACILITIES Given its first reading; MOTION BY ALDERMAN TABACSKO TO ACCEPT THE FIRST READING OF O-10-13, ASSIGN IT TO THE PLANNING & ECONOMIC DEVELOPMENT COMMITTEE AND THE NASHUA CITY PLANNING BOARD AND THAT A PUBLIC HEARING BE SCHEDULED FOR TUESDAY, APRIL 6, 2010, AT 7:00 PM IN THE ALDERMANIC CHAMBER MOTION CARRIED O-10-14 Endorser: Alderman-at-Large David W. Deane Alderman-at-Large Barbara Pressly CHANGING THE DUE DATE OF THE PROPOSED AMOUNT OF UNDESIGNATED GENERAL FUND BALANCE TO BE USED TO REDUCE THE ANTICIPATED TAX RATE Given its first reading; assigned to the BUDGET REVIEW COMMITTEE by President McCarthy Bd. of Aldermen – 03/09/10 Page 10 O-10-15 Endorser: Alderman-at-Large David W. Deane RELATIVE TO ANNUAL UPDATES OF THE PURCHASING MANUAL Given its first reading; assigned to the PERSONNEL/ADMINISTRATIVE AFFAIRS COMMITTEE and the FINANCE COMMITTEE by President McCarthy PERIOD FOR GENERAL PUBLIC COMMENT James Cutter, 86 Palm Street. Read a letter into the record addressed to Alderman McCarthy. On February 9, Mr. Cutter went over the statutes and ordinances that proves the city is responsible for his neighbors taking a three-foot wide strip of his land. It was questioned that the length of time his problem has existed may have caused the lost of his property to adverse possession. Mr. Cutter read into the record the definition of “adverse possession,” citing RSA 508:2, the definition of cartilage,” citing RSA 627:9 and referred to RSA 644:18; 627:9 and 173-B. Mr. Cutter believed the Board had all the information needed to rule in his favor and would like the city to inform his neighbors that mistakes were made and they should remove the fence, shed and anything on the 3- foot wide strip of his property. In citing RSA 31:102, he said the fence should be removed soon. REMARKS BY THE MEMBERS OF THE BOARD OF ALDERMEN Alderman Melizzi-Golja announced that on Saturday, March 13, the Flatley Company is hosting a meeting to present recent improvements to their property and buildings and to provide an opportunity for comment on their preliminary plans for future improvements. The meeting will be at 1 PM at 200 Innovative Way. Alderman Deane stated city-wide baseball applications for children ages 5-12 for Nashua West, Nashua Northwest, Nashua North and Nashua South are available, as well as the little league program that the city offers. The information can be found on the city’s website at gonashua.com as well as printed by the local paper, The Telegraph. The biddy basketball programs are in their playoff modes and after the all-stars tournament, the city will have another successful end to a huge basketball season within the city. President McCarthy wished Alderman Clemons and Alderman Chasse a happy birthday. He reminded the public that they are half-way through the first four of the Vision 2020 public input sessions. The next one is this Saturday at Fairgrounds Elementary School at 10:00 a.m. The fourth will be a week from this Thursday at NHS-North. He looks forward to seeing more members of the public at those sessions. Information is available on the city’s website. People may also send their answers to the city. President McCarthy had a numerous discussions with members of the Board and others regarding what happened at the last public comment period. He believes they run a fine balance of not making content based restrictions on what members of the public say during a public comment period. On the other hand, the city is also trying to produce a family television show and don’t want the content of what happens in these meetings to be out of character with proceedings that take place. He doesn’t believe they had much right to stop the comments that were made. He asked the members of the public who address the board to give some consideration to the nature of the activities that take place and consideration to the rest of the citizens who are the viewing audience. If someone is going to stand up and say something that they wouldn’t say in front of their wife, kids, boss, clergyman or their mother, they ought not to say it during public comment. Bd. of Aldermen – 03/09/10 Page 11 Committee announcements: Alderman Cox: Infrastructure, tomorrow at 7 PM. Next Tuesday, March 16th, the Maplewood, Rosewood Crime Watch meeting will be at 7:00 p.m. at Main Dunstable Elementary School. Alderman Craffey: Crime Watch meeting for the Tree Streets is next Wednesday. March 28th, is the Fairmount/Little Florida crime watch. ADJOURNMENT MOTION BY ALDERMAN DEANE THAT THE MARCH 9, 2010 MEETING OF THE BOARD OF ALDERMEN BE ADJOURNED MOTION CARRIED The meeting was declared adjourned at 8:25 p.m. Attest: Paul R. Bergeron, City Clerk