Aldermen, Board of

A regular meeting of the Board of Aldermen was held Tuesday, March 23, 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 Sheehan led in the Pledge to the Flag. The roll call was taken with 14 members of the Board of Aldermen present; Alderman Sheehan arrived after roll call at 7:58 during public comment. Alderman Tabacsko was not in attendance. President McCarthy announced that Alderman Tabacsko was away on business travel. Her Honor Mayor Donnalee Lozeau and Corporation Counsel James M. McNamee were also in attendance. REMARKS BY THE MAYOR Thank you, Mr. President, I would. I would like to begin my comments tonight mentioning what is happing infront of City Hall for those that may have seen some yellow caution tape around. I wanted to make sure that you knew that all is well. That is the beginning work for the front steps and the monument work that we've talked about that is going to be taking place so it has been marked out for dig safe to come in and do their work. You'll probably see that there for the next 3 to 5 days. I just wanted to make sure that you were aware of it. On your agenda tonight, as usual, I am very fortunate to report to you that we continue to have great volunteers willing to step up and serve the City in many capacities. Tonight on your agenda you'll see nine members listed. I also wanted to take a moment to speak about the legislation that's pending tonight relative to the bandshell at Greeley Park. I've given a great deal of consideration to this legislation. I was made aware by Commissioner Pappas some time ago of noise problems at Greeley Park and one of the things I had told her that I would do moving forward would be to take some action relative to looking at what our policies and procedures and permitting process was for Greeley Park. As some of you know, I have talked, at least three times now, at the Board of Public Works meetings about first suspending any use of the bandshell other than SummerFun until we could get a little bit of homework done. So, that was the first thing we did. Secondly, I asked the City Clerk and Mr. Caggiano to work together to draft a policy relative to permitting for the bandshell. Although many of us are under the impression that there may be a permitting process, there really isn't. It's pretty much first come, first served. That policy was then going to be given to what I was calling a Sound Committee that I was going to put together. I have identified, off the top of my head, nine people that I was going to ask to serve much the way we did with Holman Stadium to do some quick work at looking at a policy and some permitting procedures and some parameters by which the use could happen at the bandshell. As I was moving forward doing that, legislation was brought in to just stop the use of the bandshell, again for allowing SummerFun. My concern is this; if we move in this manner I am very concerned about unintended consequences. Things that we might not think of, that none of us would have problem with the bandshell being used. There are many nonprofit agencies that kick off walk-a-thons and starts of events in Greeley Park. They use the sound system for a very short period of time but they need the sound system. Some of you may have received calls from Grace Fellowship whose academy does their graduation there in the summer. I had totally forgotten that they had used the Park for that. I guess that I would just ask you tonight, in your deliberations, to consider this. I made pretty quick work of Holman Stadium. That committee came back, it made recommendations, and you've received those. I think they are reasonable. There is legislation coming forward based on some of those recommendations. I think that the Sound Committee could do that work as well in pretty quick order. Rather than go through a process by where you adopt legislation that then you may rescind later because you support these policies changes, I would ask you to consider tabling this legislation and let the sound committee do its work. I feel pretty confident that we can probably do something in 30-45 days without much trouble, and try Bd. of Aldermen - 03/23/10 Page 2 to get it back in to you actually for action prior to the end of that. I think that would ensure that we don't have unintended consequences. I know for certain that things do come up, that we may not be in a position to respond to, that people may be okay with. So, I would ask you to consider that in your deliberations tonight. I will end my remarks again on a somber note because sadly we again lost a dedicated public servant last week, Deputy Chief Jim Lamb, who had graduated from Nashua High School in 1950 and started with our Fire Department in 1964. He retired after 27 years of service as a Deputy Fire Chief. He, like others that I've spoken of, has a son and a grandson serving the City as firefighters, as well. I just wanted to extend my sincere condolences to his wife and his family in this difficult time. Thank you for your kind attention this evening. RESPONSE TO REMARKS OF THE MAYOR - None RECOGNITION PERIOD - None READING MINUTES OF PREVIOUS MEETING MOTION BY ALDERMAN CLEMONS THAT THE MINUTES OF THE BOARD OF ALDERMEN MEETING OF MARCH 9, 2010, BE ACCEPTED, PLACED ON FILE, AND THE READING SUSPENDED MOTION CARRIED COMMUNICATIONS MOTION BY ALDERMAN DEANE THAT ALL COMMUNICATIONS BE READ BY TITLE ONLY MOTION CARRIED From: David Campbell, Superintendent, Woodlawn Cemetery Re: Request for Joint Convention with the Woodlawn Cemetery Board of Trustees MOTION BY ALDERMAN DEANE TO ACCEPT, PLACE ON FILE AND THAT THE BOARD OF ALDERMEN MEET IN JOINT CONVENTION WITH THE WOODLAWN CEMETERY BOARD OF TRUSTEES ON TUESDAY, APRIL 13,2010, AT 7:30 PM IN THE ALDERMANIC CHAMBER MOTION CARRIED MOTION BY ALDERMAN WILSHIRE THAT THE RULES BE SO FAR SUSPENDED AS TO ALLOW FOR THE INTRODUCTION OF COMMUNICATIONS RECEIVED AFTER THE AGENDA WAS PREPARED MOTION CARRIED From: David K. Pinsonneault, Secretary, Board of Library Trustees Re: Request for Joint Convention with the Board of Library Trustees MOTION BY ALDERMAN WILSHIRE TO ACCEPT, PLACE ON FILE AND THAT THE BOARD OF ALDERMEN MEET IN JOINT CONVENTION WITH THE BOARD OF LIBRARY TRUSTEES ON TUESDAY, APRIL 13, 2010, AT 7:30 PM IN THE ALDERMANIC CHAMBER MOTION CARRIED Bd. of Aldermen - 03/23/10 Page 3 From: Nick Caggiano, Superintendent, Parks & Recreation Department Re: Pending Band Shell Requests MOTION BY ALDERMAN CLEMONS TO ACCEPT AND PLACE ON FILE MOTION CARRIED PERIOD FOR PUBLIC COMMENT RELATIVE TO ITEMS EXPECTED TO BE ACTED UPON THIS EVENING Tracy Pappas, 12 Swart Terrace, Nashua. Thanked everyone on the Board of Aldermen that she has dealt with since 1994. She spoke of when the noise ordinance was passed, stating people from all political backgrounds understood and supported the neighbors, including Alderman Deane, Alderman Tollner, and Alderman Johnson and past Ward 3 Aldermen. Alderman Sheehan looked at the noise study done by the city several years ago and suggested an ordinance. Mrs. Pappas thanked Alderman Sheehan. She also thanked Alderman Pressly, who sat on the board when the plans were approved. What was approved was not what was put up there. She didn't blame the Rotary Club who gave the money. The city never kicked in the money; what they cheated on was the noise abatement and they chose to stick up an unfinished bandshell within 500 feet of people's homes. The previous stage was moveable and most of the time it was on the opposite side of the street from the park. In those days, the city didn't follow it's own rules so unannounced to the abutters the bandshell got stuck up. The city put up an unfinished bandshell and is a private nuisance they have tolerated through the years. The city has either been unable or unwilling or a combination of the two to properly manage the facility. The police department has done absolutely nothing to comply with the law, and the city has refused to enforce it as far as the bandshell goes. Mrs. Pappas recalled Mrs. Murphy on Berkeley Street who was trying to put her twins to bed and was told to turn on a fan. She is now on the Summer Fest Committee and supports the programs, but they feel they have the right to use their own yards. When they want to celebrate a Baptism or First Communion and they are scared to death about what's going to be presented there, it's simply not fair. And it is not legal because in the noise ordinance there's an exception for Stellos Stadium and Holman. The bottom line is it has been going on for years, they have done whatever they could to be good neighbors, and she thinks the city has not been a good neighbor. The mayor has been very different about it than past mayors; she's been very good about it. Back in November or December, the Board of Public Works voted to have a committee come up with policies for the bandshell. Most of the problems are the outside use rentals. They have pictures of five people sitting in the park and they are all Massachusetts plates. She calls them blast-a-thons. They start from 12 - 8, pay a nominal fee and neighbors are forced to walk the malls. They aren't getting any tax break on their property taxes and they aren't able to use their yards. She recognized it would be difficult to come up with a permit process at the committee level. She believes they should respect the vote of the Board of Public Works for a committee, but in the meantime, she believes there can be a stopgap measure. She doesn't want the Nashua Christian Academy stuck without a place and also mentioned the Veterans event. Robert Early, 16 Swart Terrace, Nashua. He has been a resident of Nashua and this neighborhood for 40 years. He knows how the city managed concerts. Once the band concerts were moved from the west side to the east side of Concord Street the problem with the noise began. To get at the root of the problem, the neighbors had a meeting several years ago with George Crombie, DPW Manager. Mr. Crombie stated that there was no acoustical reports with the building of the Bandshell. Mr. Early stated that Mr. Crombie had stated that the Bandshell was an experimental design. Mr. Early indicated that Greeley Park and the neighbors were set up as subjects for an experiment in acoustical engineering unwittingly. Mr. Early and the neighbors learned at the Infrastructure Committee 2 weeks ago that the plans for the Bandshell consisted of an award winning design which disappeared and the project was left as it is now. Due to a lack of financial support, the project was stopped which omitted the funding of the baffles which were to go over the Bandshell and was an Bd. of Aldermen - 03/23/10 Page 4 essential noise mitigating feature. There has been no change in it for 20 years. It was basically a brand new bathtub that could not hold water and flooded the neighborhood. The Bandshell lends to the toxic effects that the continuation of noise, thumping and whaling for hours. The people who support this ordinance do not oppose charitable services, rock music or church services. This is about noise mitigation. Toxic noise constitutes an unreasonable interference with the reasonableness and enjoyment of a homeowner's property. Tom Pappas, 12 Swart Terrace, Nashua. He has been a resident since 1992. The problem is the Bandshell at Greeley Park and the problem has had a negative effect on the neighborhood. He believes that the issue with the Bandshell is that it is incomplete, not built as originally designed. In the Bandshell he states as much sound goes out the side of it as directed towards the audience attending concerts. The resolution is a simple solution to a known problem, it has an objective standard and it is easily understood and easily enforced. It will not affect the Summer Fun activities nor many other activities that go on in the Park. This ordinance will affect the private use of a public facility that has gotten out of hand. Mr. Pappas said that last fall there was a private use of the Bandshell on a beautiful weekend afternoon, lasting 6 or 7 hours with loud music and at times inappropriate language. One of the neighbors took pictures which showed less than 20 people sitting there listening to this music and the predominant plates were from out of state. This group had numerous amplification capabilities. It was loud for a very long time which is something he feels that the neighbors should not have to suffer through anymore. He said that there is no good balance between the public's interest in using the facility for legitimate public needs and benefits such as Summer Fest and the neighborhood's private enjoyment of their homes. That balance needs to be restored and is done so by this resolution. The neighborhood wants to lend its voice to support this. He was interested in the Mayor's comments about unintended consequences and thought about tabling this. The people at the Infrastructure Committee realized that this is probably not the last step in addressing Greeley Park and the use of the Bandshell. He realizes that there are different long term solution but until it happens the neighbors need relief and they need relief now. 2 studies were done in 2003 and 2006 which both identified the problems and the impact on the neighborhood, the construction of the facility as a problem and both of them agreed on a number of recommendations to improve. Some of them simple some complicated. 7 years has passed and not one of those recommendations have been implemented. He thanked the 2 Aldermen that sponsored this for the simple solution. Rather than tabling he would suggest is that it be passed and then it can always be amended if a Sound Committee 30-45-60-90 days comes up with a thing that you ought to consider. Make the effective date 30 days from tonight and force the Sound Committee to do its work in the 30 days. We have been waiting for years for something. Force the Committee to do its work. If they don't this goes into effect. That way the Board will know that the problem will be addressed if everybody agrees that it is a problem, the neighbors will know that either we will get the relief that this provides or at least we get some other relief that might make some sense and avoid unintended consequences. The neighbors will be more than happy to participate in the Sound Committee. He urged them to start the solution to the problem with passage of this ordinance. Tracy Pappas, 12 Swart Terrace, Nashua. Added that one ideas of the committee was to move the speakers, but that has been done seven or eight times. She doesn't believe moving the speakers is going to solve the problem. PETITIONS - None NOMINATIONS, APPOINTMENTS AND ELECTIONS - None Bd. of Aldermen - 03/23/10 Page 5 REPORTS OF COMMITTEE Committee on Infrastructure . 03/10/10 There being no objection, President McCarthy declared the report of the March 10, 2010 Committee on Infrastructure accepted and placed on file. Personnel/Administrative Affairs Committee . 03/17/10 There being no objection, President McCarthy declared the report of the March 17, 2010 Personnel/Administrative Affairs Committee accepted and placed on file. Special Planning & Economic Development Committee . 03/04/10 There being no objection, President McCarthy declared the report of the March 4, 2010 Special Planning & Economic Development Committee accepted and placed on file. Special Planning & Economic Development Committee . 03/06/10 Alderman Cookson The minutes inaccurately reflect the attendance in that meeting. It reflects my attendance as absent. I was actually present that Saturday. President McCarthy That correction will be made. There being no objection, President McCarthy declared the report, as corrected, of the March 6, 2010 Special Planning & Economic Development Committee accepted and placed on file. Jt Planning & Economic Development & Committee on Infrastructure... 03/08/10 There being no objection, President McCarthy declared the report of the March 8, 2010 Joint Planning & Economic Development Committee and the Committee on Infrastructure accepted and placed on file. Special Planning & Economic Development Committee . 03/13/10 Alderman Cookson Just a question to you. I noticed that the March 13th Special Planning & Economic Development Committee meeting, as well as the next one which we will be taking up, neither one of those have text transcripts. They are only audio files. Is it going to become practice for our board to accept audio files as minutes? President McCarthy We have minutes, they are just not verbatim. Bd. of Aldermen - 03/23/10 Page 6 Alderman Cookson I understand they are not verbatim. The first two, the one that happened on the fourth and the sixth, there are minutes. The one that happened on the 13th , the text minutes aren't available on line. President McCarthy We'll look into that; they should be. There being no objection, President McCarthy declared the report of the March 13 2010 Special Planning & Economic Development Committee accepted and placed on file. School District Budget Deficit Ad Hoc Committee '" . 03/15/10 There being no objection, President McCarthy declared the report of the March 15, 2010 School District Budget Deficit Ad Hoc Committee accepted and placed on file. Alderman Cookson My question still pertains to the minutes from the 15th . The School District Budget Deficit Ad Hoc Committee on line? I only saw the audio file this afternoon when I checked. President McCarthy We'll check that. Joint Special School Building Committee . 01/28/10 There being no objection, President McCarthy declared the report of the January 28, 2010 Joint Special School Building Committee accepted and placed on file. School Construction Projects Committee . 01/28/10 There being no objection, President McCarthy declared the report of the January 28, 2010 School Construction Projects Committee accepted and placed on file. Alderman Cookson The January 28, 2010 School Construction Projects Committee, there was a motion made during that meeting to approve Turner Building Science as well as Harvey Construction for the design and development stage of the project. By accepting these minutes, can you tell me how much the Board of Aldermen is approving for the design and development stage? President McCarthy The Board of Aldermen has no authority in that regard. It's the Joint Special School Building Committee. Bd. of Aldermen - 03/23/10 Page 7 Alderman Cookson So whether we accept the minutes or not, the appropriate funds have been appropriated for the design and development stage? President McCarthy Yes. CONFIRMATION OF MAYOR'S APPOINTMENTS Airport Authority MOTION BY ALDERMAN COOKSON TO CONFIRM BY VOICE VOTE THE APPOINTMENT OF THE FOLLOWING INDIVIDUALS TO THE AIRPORT AUTHORITY: RICHARD A. MOUSHEGIAN, 78 TENNYSON AVENUE, NASHUA FOR A TERM TO EXPIRE AUGUST 31,2014 AND DENNIS STEPHENS, 9 BYRON DRIVE, NASHUA, FOR A TERM TO EXPIRE AUGUST 31,2011 MOTION CARRIED President McCarthy declared Richard A. Moushegian and Dennis Stephens duly appointed to the Airport Authority for the aforementioned terms. Oath of Office administered by Corporation Counsel. Building Code Board of Appeals MOTION BY ALDERMAN FLYNN TO CONFIRM BY VOICE VOTE THE APPOINTMENT OF THE FOLLOWING INDIVIDUALS TO THE BUILDING CODE BOARD OF APPEALS: JOHN RUDOLPH,6 FOWELL AVENUE, NASHUA FOR A TERM TO EXPIRE MARCH 31, 2013 AND KEVIN T. SLATTERY, 54 BERKELEY STREET, NASHUA, FOR A TERM TO EXPIRE MARCH 31, 2012 MOTION CARRIED President McCarthy declared John Rudolph and Kevin Slattery duly appointed to the Building Code Board of Appeals for the aforementioned terms. Cable Television Advisory Board MOTION BY ALDERMAN PRESSLY TO CONFIRM BY VOICE VOTE THE APPOINTMENT OF PAUL F. JOHNSON, 44 BROWNING AVENUE, NASHUA, TO THE CABLE TELEVISION ADVISORY BOARD FOR A TERM TO EXPIRE JANUARY 1,2013 MOTION CARRIED President McCarthy declared Paul F. Johnson duly appointed to the Cable Television Advisory Board for a term to expire January 1, 2013. Child Care Advisory Commission MOTION BY ALDERMAN VITALE TO CONFIRM BY VOICE VOTE THE APPOINTMENT OF DR. PATRICIA H. HOWSON, 79 HAWTHORNE VILLAGE ROAD, NASHUA, TO THE CHILD CARE ADVISORY COMMISSION FOR A TERM TO EXPIRE OCTOBER 13, 2012 MOTION CARRIED Bd. of Aldermen - 03/23/10 Page 8 President McCarthy declared Dr. Patricia H. Howson duly appointed to the Child Care Advisory Commission for a term to expire October 13, 2012. Historic District Commission MOTION BY ALDERMAN SHEEHAN TO CONFIRM BY VOICE VOTE THE APPOINTMI::NT OF FRANK H. MELLEN, 10 MEADE STREET, NASHUA, TO THE HISTORIC DISTRICT COMMISSION FOR A TERM TO EXPIRE SEPTEMBER 30,2012 MOTION CARRIED President McCarthy declared Frank H. Mellen duly appointed to the Historic District Commission for a term to expire September 30, 2012. Oath of Office administered by Corporation Counsel. New England Rail Coalition MOTION BY ALDERMAN CLEMONS TO CONFIRM BY VOICE VOTE THE APPOINTMENT OF BARBARA PRESSLY, 11 ORCHARD AVENUE, NASHUA, TO THE NEW ENGLAND RAIL COALITION FOR A TERM TO EXPIRE DECEMBER 13,2013 MOTION CARRIED President McCarthy declared Barbara Pressly dUly appointed to the New England Rail Coalition for a term to expire December 31, 2013. Oath of Office administered by Corporation Counsel. Planning Board MOTION BY ALDERMAN LAROSE TO CONFIRM BY VOICE VOTE THE APPOINTMENT OF THOMAS C. IRELAND, 8 DEACON DRIVE, NASHUA, TO THE PLANNING BOARD FOR A TERM TO EXPIRE MARCH 31, 2013 MOTION CARRIED President McCarthy declared Thomas C. Ireland duly appointed to the Planning Board for a term to expire March 31, 2013. Oath of Office administered by Corporation Counsel. CONFIRMATION OF PRESIDENT OF THE BOARD OF ALDERMEN APPOINTMENTS Ira F. Harris Lecture Trustees MOTION BY ALDERMAN CRAFFEY TO CONFIRM BY VOICE VOTE THE APPOINTMENT OF JUDITH CUDHEA, 2 ROGERS STREET, NASHUA, TO THE IRA F. HARRIS LECTURE TRUSTEES FOR A TERM TO DECEMBER 31,2011 MOTION CARRIED President McCarthy declared Judith Cudhea duly appointed to the Ira F. Harris Lecture Trustees for a term to expire December 31, 2011. Bd. of Aldermen - 03/23/10 Page 9 UNFINISHED BUSINESS - RESOLUTIONS R-10-07 Endorsers: Mayor Donnalee Lozeau Alderman Paul M. Chasse, Jr. Alderman-at-Large Ben Clemons Alderman Richard LaRose Alderman Mary Ann Melizzi-Golja Alderman Jeffrey T. Cox Alderman Kathy Vitale AUTHORIZING THE MAYOR TO ENTER INTO THE ATTACHED MEMORANDUM OF AGREEMENT WITH THE REFLECTION GARDEN AND LABYRINTH COMMITTEE RELATIVE TO THE CONSTRUCTION OF A REFLECTION GARDEN AND LABYRINTH AT ROTARY COMMON Given its second reading; MOTION BY ALDERMAN CHASSE FOR FINAL PASSAGE OF R-10-07 MOTION CARRIED Resolution R-10-07 declared duly adopted. R-10-10 Endorsers: Mayor Donnalee Lozeau Alderman Jeffrey T. Cox AUTHORIZING THE PURCHASE OF LAND AND IMPROVEMENTS AT 40 PINE STREET, TAX LOT 83-80 FOR THE SUM OF $225,800 Given its second reading; MOTION BY ALDERMAN COX FOR FINAL PASSAGE OF R-10-10 MOTION CARRIED Resolution R-1 0-1 0 declared duly adopted. UNFINISHED BUSINESS - ORDINANCES 0-10-12 Endorsers: Alderman Diane Sheehan Alderman-at-Large Barbara Pressly RELATIVE TO THE USE OF THE GREELEY PARK BANDSHELL Given its second reading; MOTION BY ALDERMAN SHEEHAN TO AMEND 0-10-12 IN ITS ENTIRETY BY REPLACING IT WITH THE GOLDEN ROD COPY PROVIDED WITH THE AGENDA MOTION CARRIED MOTION BY ALDERMAN CLEMONS TO FURTHER AMEND 0-10-12 Alderman Clemons The motion is to insert the passage after it reads except for Summer Fun events and programs ... And any groups or individuals who have applied for future use of the Park prior to March 23, 2010. The reason for me introducing this motion is that we had several Aldermen received calls from different groups who applied to use the Bandshell prior to this restriction being thought of and Bd. of Aldermen - 03/23/10 Page 10 brought up via the ordinance that we are discussing. The purpose of the communication that was introduced earlier from Mr. Caggiano was to get on record the groups that had applied to use the Bandshell for later dates in this year. There 5 of them and they include the Nashua Christian Academy, several walkathons, the Nashua Baptist Church for various dates. The concern was raised that these folks had spent money, planning, some time on these events and wanted to makes sure and basically were hoping that they would continue their events without this ordinance affecting them. What this motion intends to do is to allow those groups who have applied prior to today to be allowed to use the Bandshell with the amplification that they would have expected to use. I think it is a good compromise. These folks and these groups have planned on using this and some of them had used them in the past. I don't think that we should be ruining any graduation plans based on this ordinance. I think this is a good compromise and I think moving forward that groups can plan that if they do need amplification that maybe Greeley Park is not the best do it. Alderman Deane Although I appreciate my colleague's amendment, I am not going to support it and I will tell why. It has nothing to do with the folks, the phone calls and ruining people's lives - that is not why we are here. I tend to agree with what Mr. Pappas had brought up. I think that the Mayor has stated that she has her ducks in a row with this group of people that are willing to step forward and spend some time with those in the neighborhood as well as surveying the current and prior uses, some of the sound issues that we have at the Park. I support putting an ordinance in that does have some restrictions here, absolutely I do, 100 0/0. I think we should spend the time and not just pick and choose by date every year of who is going to use what and when. The amendment although would suffice for this year next year it is probably going to change and the applications won't be in and then we will be revisiting it. I think it should be re-referred to the Infrastructure Committee. I think the Mayor should be given - if she feels that 45 days from the date it goes back from this evening if that would be a good timeline for her to put a committee together to meet on it then it could bring a report back to the Infrastructure Committee that Alderman Cox chairs. Whoever wanted to come down could sit down and review it and go over it. We could make the appropriate amendments at the committee level itself hopefully with a good number of my colleagues attending and understanding what we are trying to do and what the neighbors are trying to do.. We will rid Greeley Park of the obnoxious amplification issues that these folks have dealt with for so long. So I am not going to support any amendments. I think we should re-refer it, give the Mayor an opportunity to put the committee together that she says that she has the folks. I am sure the Mayor would gladly set up a 45 or 50 day timeline. Let the people meet, generate a report. I sat on the Holman Stadium Committee. It was a good group of people, it was a lot more in-depth although we did have a tremendous amount of help from Mr. Caggiano and staff along with Financial Services and other people from the Mayor's Office. It did go quite well and I think we could probably do the same thing and nail this down once and for all and not just pick and choose dates and times and groups and events and things of that nature. In many times that I have been down there, people have more stereo equipment in the trunks of their cars than all the people combined in my neighborhood owned and they got that blaring. We should really spend some time and do this right. I am not going to support any amendments. I would like to re-refer it to the Infrastructure Committee. Alderman Vitale I think that I would have to agree with Alderman Deane and also my question is that when do we normally see the first bookings taking place in the Bandshell that might involve amplification. Mayor Lozeau The spring time starts ticking. The ones that Alderman Clemons has mentioned were ones that apparently Mr. Caggiano had on his desk. I thought after I had suspended the booking of anything Bd. of Aldermen - 03/23/10 Page 11 except for Summer Fun that there was not anyone under the impression that they were moving forward. There are a lot of things late in the summer because Summer Fun takes a lot of time there but it happens relatively quickly. The work on the Sound Committee - I had started doing that work. When the legislation came in I stopped because I was concerned about the way that it read. Otherwise I think I would have had to have had the work dong prior to some of the first bookings that were mentioned tonight. I had spoke with Alderman Sheehan and Commissioner Pappas on serving on the Sound Committee to ensure that it would be moving right along. President McCarthy Mayor Lozeau, if I could ask you indicated to me that I think that was not a procedure for signing up to use the Bandshell? Mayor Lozeau It is a first come, first serve. I know there was some discussion about a NRO that had a process for permitting at parks. My understanding was that was changed or rescinded some years ago when there were issues at Library Hill with different groups that were trying to use the park at Library Hill and some conflict. So the policy was changed to be a first come, first serve. So they get a sign up but there is not an actually permitting or policy process. President McCarthy I guess I am trying to understand if we don't have a permitting process why do we have a list of applications? Mayor Lozeau Because they don't get what we would consider a permit. For instance, you get a permit to encumber a sidewalk and that sort of thing. They actually go through a process with different departments that actually sign off and then they are given that. The process that Parks has put in place is a first come, first serve application so that they have something with the date on it to be able to say this came in before another one that I received. That is my understanding of how it has been happening, Alderman Clemons I appreciate that the Mayor is going to put together a committee to look at this as well as some of the work that Mr. Caggiano has done in organizing this first come, first serve, organizing these groups. It is basically a calendar but I would imagine that it gets stressful. In creating a better streamlined process seems like a smart thing to do. However, I think what the neighbors are looking for is relief and they want relief now. By passing this ordinance tonight and by amending it the way that I have suggested I believe that we will have a good temporary solution that appeases the neighbors that prevents for the most part amplification coming from Greeley Park for now and gives us time to look at a better plan which we can come forwards with and amend this ordinance. I think that is the proper way that we should do business because if we don't, then good weather may come early and groups may want to use Greeley Park and these folks in the neighborhood may be suffering in late March, early April if the committee does not deliberate in time. I just think we ought to move forward with this with the exceptions and that is why I made the motion. Bd. of Aldermen - 03/23/10 Page 12 Alderman Pressley There have been 2 suggestions brought forth as to how to dispose of this legislation and I plan to defer to the prime sponsor on her choice. However I would like to speak to one part of this and 1 reason that I am very interested in this project is a little bit different from the sound. When I served 20 years ago, I worked with the Rotary on this project and they conducted a really terrific design contest across the community and a wonderful design was chosen. It was absolutely gorgeous. In the interim, I moved onto serve in the State Senate and a couple of years later the project was built and what we have there now is no way at all like the winning design. Not only does it not have the sound barrier but it is not the beautiful design that won the contest. So I put out a plea to everyone here, everyone in the viewing audience, if you have a memory as mine, if you were part of the Rotary over 20 years ago if we could locate that design that would be wonderful. We have researched in City Hall trying to find it. It has not been found to date. But if we are going to be making changes at the Bandshell I think it is really worthwhile to make it a beautiful, beautiful work of art instead of what we have today. As far as how we dispose of this I hope the original design will be found in time to implement that. But as far as the decision tonight, I defer to the prime sponsor of the bill, Alderman Deane The prior speaker brought up concerns and then was looking for a temporary solution. These people don't want a temporary solution. They want a permanent solution and I am just of the belief that if we are going to do something then let's spend a little bit of time and I know the sun is coming out and we are all praying for that, we are praying for good weather but I really think that we should spend the time, get the committee's recommendations, have a special Infrastructure meeting if we have to-I am sure that Alderman Cox would be more than gracious to schedule one of those if we had to just to discuss this one item. Go through it, make the said amendments on it. Basically we will set the policy and that will give the Police Department some teeth to enforce this when they go up there. I am not looking to drive different groups or organizations from using Greeley Park. I think it is a beautiful place. It is well utilized. The neighbors need some relief from what has gone on there. I think that we all understand that. I would like to put an ordinance with good policy in place so that it sticks. You are going to have to give a little leeway to the Park Department for something that might come up that is a new, things are going to change as time goes on but I think we basically all understand what the neighborhood is asking for and I would just as soon re-refer it but I think I will see what the prime sponsor wants to do and leave it at that. Alderman Larose I agree with the previous speaker. I think that this has to be resolved correctly and not in different phases. If you look at the memo that we received from Mr. Caggiano, all the people who have applied have been contacted. It appears that the Nashua Christian Academy - they were told that they should find another venue. The Care Pregnancy Center Walkathon they have moved their event to the Four Corners at Sargent Avenue. The March of Dimes Walkathon will resubmit for Holman Stadium Parking lot. The Baptist Church was told that the shell was not available at this time. The HIV Task Force was told that the shell was not available at this time. It appears to me that the Park Department has put a moratorium on this at this point in time to find out what we are going to do. So if that is the case then they will not allow anyone to use the Bandshell until we resolve this problem. I think re-referring it to the Infrastructure Committee is the way to go. Get that committee going and as Alderman Dean said the Holman Stadium Committee got down and did the work right away. I expect that this committee would do the same thing. So I think that is in the best interest of everybody. Mr. Pappas suggested a 45 day moratorium. Well maybe it is going to take us more than 45 days but I think we can do it and I think that is the way to go. Bd. of Aldermen - 03/23/10 Page 13 Alderman Cookson The previous speaker mentioned several of the points that I was going to bring up. It appears as though 4 of the 5 organizations that were planning on using Greeley Park have either been told that they can't use it at this time or are looking for another venue at this time. That in as such is a cause of concern for myself. There was an action taken by our Parks and Recreation Department to notify these individuals, these organizations that they could not use the facility and when in fact the legislation was still in Committee. It was not until this evening .. so I am not sure why that took place. It is not a law. It has not been approved by the full Board of Aldermen. I think notifying them that there was a potential but the way that I read this memorandum from Superintendent Caggiano it says that they were contacted on 3/10 and in fact 3/10 was when we had our Infrastructure Committee meeting and discussed this. So they were told that they would need to find another venue. They were contacted on 3/9. So maybe the Mayor can shed some light because some of these contacts were made prior to us even discussing this piece of legislation in the Infrastructure Committee meeting, happened on 3/9 that they told the Baptist Church that they could not have a service. Can I ask a question through you to the Mayor? President McCarthy Certainly. Alderman Cookson Is there a reason why the Parks and Recreation Department contacted some of these organizations prior to our discussion of this ordinance at the committee level? Mayor Lozeau I actually had talked to the Park and Recreation Department through the Board of Public Works months ago and asked that we not book any amplified events. I don't know why they chose to contact anybody. I was not aware of it. This email came in on 3/12 and I was not here in the office. Alderman Cookson So this correspondence was not a result of the ordinance that was submitted by Alderman Sheehan and Alderman Pressley at the Infrastructure Committee meeting? Mayor Lozeau Alderman Cookson, I can't answer that question on .. Alderman Cookson The contacted somebody on the 9th which was the day before the Infrastructure Committee. Mayor Lozeau Months ago, I put that in place. That is why I was rather surprised when I heard that there were applications pending. I had that conversation with Alderman Sheehan today because I did not know that there was anybody under the impression that the park was available to them at all. I spoke with Pastor Berube as many of you have and I told him that I would be working on a back-up plan should there be a problem. But in the meantime, I had intended when I asked at the Board of Public Works and got support from the members to suspend amplified events there in December as we talked Bd. of Aldermen - 03/23/10 Page 14 about and get the Sound Committee up and running by the time the holidays were through and January came into play, this conversation took place at the Board of Public Works and I was moving forward. So from my perspective people were already hearing that when they called in. it was not an action later. So I was surprised by this as well. Alderman Cookson Thank you Mayor. Mayor Lozeau You are welcome. President McCarthy I think Alderman Vitale was next some time ago. Alderman Vitale I will defer at the moment. Alderman Chasse I am going to support sending this back to committee and I will tell you why. Let's just say perhaps that everyone us decides to go to Greeley Park on the same day and we all brought big boom boxes. They are not amplified but we all brought the big boom boxes and we had 15 or 20 family gatherings. I bet you those 15-20 boom boxes can make just as much noise as amplified so this is probably the perfect time to put some teeth into this thing, saying maybe certain decibel - I don't have the answer but maybe putting our heads together maybe we can come up with some kind of solution to that problem. The other one is maybe it is time for us to look and believe me there is a lot of Massachusetts cars that use Greeley Park and maybe it is time that we do like they did up in Merrimack say for residents only. It is our park and I know that even the small parks in the city of Nashua are being used by Massachusetts people. Maybe it is time we put some teeth to this, making more rules and giving these people in the neighborhood what they are looking for but I will support sending it back to committee. Alderman Cox I agree with everything Alderman Deane had to say. I would just like to add that I think that the neighbors made a great point at the committee meeting and again this evening. They are looking for something and I hesitate to say yesterday as they were looking for 7-15 years ago for relief on this so I would probably like to see this past tonight. However the committee wants to work with us with Infrastructure to do a special meeting, to do anything we have to put a comprehensive plan together without the pressure of 30 days or 40 days. But do it and do it right. That Holman Stadium package was fantastic. I think it was very well done and very well executed and that is the way it should be. I would prefer to see this in place now so to have relief as we speak or vote and have us work together to come up with a very comprehensive plan that would amend and/or change or add to this for the future. Alderman Clemons I echo Alderman Cox's comments. Bd. of Aldermen - 03/23/10 Page 15 Alderman Wilshire As do I. Alderman Sheehan I would like to add to that as well because I think when it is just a policy sometimes there is a lack of clarity and that is why things might have been sitting in a pile on a desk. If we can legislate we can work it out and then we can open it back up with rules in place. But we paid for a study 7 years ago and they paid for one and nothing happened then. So the best of intentions are often there but for clarity I think it needs to be legislated and I think they do relief right now. Because these people on this list who have already applied and been put into limbo I think we ought to afford them the opportunity to have theirs but as of today, accepting no more applications and there is no reason that the Sound Committee can't going. That should have already been going. I don't understand why it might have been stopped because that language was pulled off the ordinance so I think that this is ready and this is what is fair to the people to be able to use their homes. Alderman Pressley Point of order. Is there not a motion for an amendment before us. Would you clarify .. President McCarthy The motion is to amend - Ms. Lovering has the exact wording but it was basically to accept those who have applied prior to today from the terms of the ordinance as I understand it the 5 applications that are on the memo that were distributed to us. Alderman Pressley Further clarification please. Does the prime sponsor support this amendment or not supporting it? Would you clarify your position? Alderman Sheehan I am supportive of that and open to hearing other amendments. To amend it just to allow for Nashua Christian Academy perhaps which was applied for on 1/7 and their graduation is scheduled for 5/29. Alderman Pressley Would you read the amendment please because the amendment suggests all of them. So we would have to vote that down in order to have another amendment. Alderman Clemons The way with the amendment the ordinance would read the following: Except for Summer Fun events and programs and any groups or individuals who have applied for future use of the Park prior to March 23, 2010 use of Greeley Park shall be limited to non-amplified use. Bd. of Aldermen - 03/23/10 Page 16 President McCarthy So my understanding of the amendment that it would in addition to Summer Fun accept the 5 applications that are on the memo that we received from the terms of the ordinance and they would be allowed to proceed with amplified sound. Alderman Pressley If I understood and I felt a consensus around here that most people felt that this amendment should be denied and that we should go with re-referred instead. Would the prime sponsor clarify what her position is please? Do you prefer to have it passed with all of these or do you prefer to re-refer it? Alderman Sheehan I prefer to pass it. Alderman Pressley As amended? Alderman Sheehan As amended. Alderman Deane I must commend you for the leeway that you are allowing on the amendment. It is like the Titanic. As long as you are in a happy, go-lucky mood I would like to continue. I just wanted to state my position to the Ward 3 Alderman that I want to legislate policy. I really want to do that. But I want to do it the right way. I don't perceive the Mayor having people walking through people's yards on dead days with decibel meter. I don't see any of that. I think that we are all aware of the fact of what has gone on there, what the problems are and I think it is going to be a process that is going to take a little short order to do with this committee and I think that we can probably get something back here that pretty much lays it out prior to the beautiful weather being here and the people attempting to use their properties in that area. I am not going to support the amendment s. I really think we should spend a little bit of time, get the thing done and get it done right, set the policy and we will legislate the policy for the use of the facility. That is what we ought to be doing. You know to pick and choose dates and times and locations and groups and when somebody got a permit in. The other thing on the permits is that the permitting process from my understanding on the Library Hill thing was some sort of constitutional challenge that was made and people would go down and sign up for Library Hill and horde the facility and never show up. But the permitting process does work in other instances with athletic fields. That has been going on for years and city permits that out from this date to that date and we are well aware of that with the baseball program that your children are involved in. I really think we ought to let this committee look at it and pass it and pass it once. We will get input from the neighbors although we have already gotten it but I think that their input is going to playa major role in some of the policy because they are the ones that are really directly affected. So I would like re-refer it. We have to vote on Alderman Clemons' amendment first and then I am going to make a motion, Mr. Chairman. Alderman Vitale Again I would have to agree. I recognize the abutters and the people in the neighborhood concerns that they want relief for this upcoming season and that we don't pass it by and be it passed onto Bd. of Aldermen - 03/23/10 Page 17 another year. I think that Mr. Pappas mentioned 30 days is the amount of time that I thought I heard him say. We have heard the Mayor say that she thinks that she can pull this all together within 45 days. If we re-refer it to committee and we look at it in terms as we are going to get this done for the upcoming season, I don't see why we shouldn't be able to do that and have it be an ordinance that is comprehensive and does address the concerns that have been brought up here this evening and in the years past. I believe that would be the best way to go. Alderman Melizzi-Golja I understand the concern about wanting to have more meat in this and I certainly agree with Alderman Deane that the police need to have something that they can enforce. I guess my concern and what I thought what I heard from the neighbors and abutters is that they wanted something and they were even happy if we pass this now and then came back and amended it. My concern is that through no fault of these agencies there seems to be a miscommunication and 5 agencies thought they were going to have this. Well someone took these. The Mayor asked them not to take reservations. But there are 5 agencies that think they are going to be able to hold events. It looks like 2 of them have rescheduled. The other 3 have been asked to reschedule. 30-45 days in looking at the graduation is going to have the biggest impact in terms of their plans and what they do. With the primary sponsor supporting the amendment, I am also going to support that and then do the other work and come back with the work from the Sound Committee to amend this. Alderman Clemons Roll call. Alderman Flynn I am really undecided how I am going to vote on this. As I read this communication from Superintendent Caggiano he talks about the following requests from the Bandshell are in the pending file. Is there another file that is approved? Is this the only 5 applications that exist today or is there another list that we are not seeing that does not fall into this suspension by the Board of Public Works? Mayor Lozeau Alderman Flynn thank you for asking that question. Nobody was told that they could use Holman Stadium. None of them were told that they could not. The point that Alderman Cookson was making was some were told that they could not. What I am concerned about is similar to what you are concerned about. There is calendar... Alderman Deane Point of order. Holman Stadium? Mayor Lozeau Did I say Holman Stadium? I am sorry it has been a long day. President McCarthy I think that the question is if there are other applications other than these that have been approved. Bd. of Aldermen - 03/23/10 Page 18 Mayor Lozeau No applications other than Summer Fun have been approved. There are apparently applications in a pending file but they were not told that they could use the Bandshell. What I am concerned about is that there is also a calendar of typical events that happen year after year, some are like the Leukemia Foundation, the YMCA, Habitat, American Cancer Society, Lights on after School. Those are repeat events every summer and those are some of the other ones that I don't think they have potentially put in an application yet but I don't know the answer to that. Alderman Flynn Thinking along the same line, if we were to not adopt the amendment how would the interim period and re-refer this? In order to adopt this amendment and decide to re-refer how would that interim period of 45 days, how would that be handled in terms of other applications? Would it still be like a list that would be kept of first come, first serve but told that it is not available at this time? How would we handle that if we just delayed this tonight? Would we leave those people in suspense as well for the next 45 days as they stand? Is that some of the risk of re-referring that tonight? Mayor Lozeau My understanding and as I told Alderman Sheehan when we spoke earlier today, I was not aware that Mr. Caggiano had given anybody a green light or a red light. It was my understanding that he was telling people that through the Board of Public Works I had told them that we were going to suspend the use of amplified events at the Stadium, the opportunity to use the sound system. I was under the impression that he was telling that to people when they called and asked. I also as I said thought the work would be done by the time this graduation that we are discussing tonight would be in place. It would be my intention to keep that same message in place but just ensure that it has been delivered. Until we resolve this and until our policy on permit is done there will be no amplified events. Alderman Flynn And that would be something that would be exercised by the Board of Public Works? Mayor Lozeau I had already thought that we did. I was surprised that there was anything pending sort to speak. was not aware of that. Alderman Flynn Thank you. Mayor Lozeau You are welcome. Alderman Pressley If I understand it correctly there is already a moratorium on anything - this piece of paper with the 5 applications - they were turned down not because of anything that this committee has done but something that the Mayor has requested. So I intend to vote tonight to try to accommodate Bd. of Aldermen - 03/23/10 Page 19 everybody. I intend to vote for the amendment then I trust that Alderman Deane will re-refer as amended so that we can accommodate to all thinking on this and get it back in committee and work on it. Thank you. Alderman Cookson If you look out 30-45 days that puts right at the beginning of Mayor the middle of May and that would potentially effect 2 of these agencies, the Care Net Pregnancy Center Walkathon scheduled for 5/8 and the March of Dimes Walkathon scheduled for the 22 nd . Both of those agencies have indicated that they would move either to Four Corners Sargent Ave. The second one that they would resubmit for the Holman Stadium Parking Lot. So that really leaves the Nashua Christian Academy's graduation on 5/29. If I understood you Mayor and through you Mr. President to the Mayor, I understood you to say when I asked my question earlier that you would be willing to or are working with Pastor Berube to make sure that this graduation has a place to take place. Because regardless of whatever we do over the next 30-45 days whether it is your Sound Committee or whether it is the Infrastructure Committee, this is probably the one group that can't wait for the work to be done. Can you respond to that please? Mayor Lozeau Absolutely. I spoke with Pastor Berube to explain that we would work on a back-up plan. 45 days is like a magic number that we just pulled out of the air. For all I know we could pull something off in 2 weeks and have something ready for the Infrastructure Committee but I did tell him that we would have back up. In the off chance that the decision is made by the Board of Aldermen that no matter what the policy or permitting is that they don't want amplified events still should have a back-up plan. So yes I have told him that I will work with him and have a back-up. Alderman Deane Supporting the amendment and then re-referring it to committee does not do anything. It does nothing. It puts an amendment on something that has been re-referred so it sits in committee. I just wanted to lay that out. I am ready to vote. Alderman Larose My motion was to move the question. President McCarthy I don't think that will be necessary. If there is no further comment the motion was on the amendment. A roll call was requested. Will the Clerk please call the roll. A Viva Voce roll call vote was taken which resulted as follows: Yea: Alderman Clemons, Alderman Pressley, Alderman Melizzi-Golja, 8 Alderman Cox, Alderman Sheehan, Alderman Wilshire, Alderman Flynn, Alderman McCarthy Nay: Alderman Vitale, Alderman Craffey, Alderman Deane, Alderman Larose, 6 Alderman Chasse, Alderman Cookson MOTION CARRIED TO AMEND Bd. of Aldermen - 03/23/10 Page 20 MOTION BY ALDERMAN DEANE TO RE-REFER 0-10-12 TO THE COMMITTEE ON INFRASTRUCTURE, AS AMENDED, BY ROLL CALL ON THE QUESTION Alderman Clemons Let me temper this with, I think that the intentions of the Mayor to form a committee to look at this issue further is the right thing to do. I think that there can be a lot of healthy proposals that come out of doing that. That being said, I don't think that the work that will be done should prevent us from passing this tonight and the reason being is that we have the authority to amend this or repeal this or replace with it something else once that work is done. What this does as it was just amended in the meantime is to put into place a policy that protects the neighborhood from unwanted noise from that venue with the exception of the 5 groups that had applied previously. I think that is fair. I think that is what the neighbors are looking for. That is the reason why I will not support sending this back to committee because I believe that we can have that work done and come forward with something but in the meantime we should have a policy in place that satisfies the neighborhood and I think that is what this does. Alderman Cox I would like to agree with the previous speaker. I would also like to restate my position. I would like to see this passed tonight as amended and I would just like to restate what Alderman Deane said that when you amend this and re-refer to committee that does absolutely nothing. I don't think we recommended final passage out of committee and the Public Works Department gave it a favorable recommendation to have it do nothing. So I agree with the previous speaker. I would like to see us pass this tonight as amended and get to work on doing a comprehensive plan that can come forward especially the budget period upon us. As the Mayor state, we pulled a number out of the air. 30 days and 40 days whatever it takes to have a good comprehensive plan come back forward that is the way it should go. Alderman Vitale I agree that we can go on and pass it tonight. It will do the relief and we can amend it and everything else as it comes up. But I still think sending it back to the Infrastructure Committee is the way to go. I know that we can write a comprehensive ordinance before the time period that we need amplification by other groups that are not currently part of the Summer Fun program. I think that is a better way to go as we have heard the Mayor say right now. There are no groups being booked for amplification anyhow. So if they are not being booked I don't understand why can't send this back right now. Currently the way that it has been stated the neighborhood is going to have the relief that they are seeking up until we pass a comprehensive ordinance. So I think sending it back to committee is the way to go. Alderman Melizzi-Golja I agree with Alderman Clemons and Alderman Cox and I am looking back at my notes and Mr. Pappas stated that he was in favor of the current resolution but in hearing the information about the Sound Committee also stated that he believed that this resolution was not the last step. Therefore I am going to vote to support this as it has been amended and then let any work coming from the Sound Committee be reflected in any changes in this resolution. Bd. of Aldermen - 03/23/10 Page 21 Alderman Deane I have a question for our Legal Counsel. My question to the Good Attorney is we have in place a policy that we can't bring like-minded or like-purpose legislation twice in a term. Where would that fall if we went to rewrite this and wanted to bring this back up again in the same part of the term? Would that have any bearing on this tonight or would we have to wait until the next term? Corporation Counsel McNamee No I don't think you would have to delay. If I have been following the discussion correctly you are talking about taking some action right now and then further clarifying the way that you want to regulate this particular facility. It would be different legislation although it would be all legislation directed toward the same facility. But you are not prohibitive from passing 2 ordinances related to Greeley Park in one session. President McCarthy Also the rule is on the resubmission of a piece of legislation that was indefinitely postponed which if this is passed it would not be. Alderman Deane What rule is that? President McCarthy It is in Mason's. It may not be in the draft that we currently use. Alderman Deane That is currently what we have adopted, correct? President McCarthy Yes. Alderman Deane You might want to find that out. President McCarthy That rule was in the old brown version. I am not sure that even made it into the blue version. The blue version has language in it that essentially allows thins to be resubmitted. The purpose of the rule is so that the same bill does not get introduced over and over again once it has been defeated. But the intent was not to stop adjustments to things that are supported from being made after they have been done. Alderman Deane Like you couldn't keep bringing in the same bill by reducing say the dollar amount by a dollar each time you brought it in because it would have the same intents and purposes. Bd. of Aldermen - 03/23/10 Page 22 President McCarthy That is actually a different bill in the terms. I believe that it is an identical bill that is intended to be .. the purpose of that section is to stop simply biting the apple over and over again on something that does not get a majority support on the Board. In this particular case if we have something that passes I believe we have every right to further amend to make changes within the same term. Alderman Deane But the reoccurrence or resubmission of a verbatim bill is prohibited unless of course you add a letter or change a number, you can file it every week if you would like. That is interesting. President McCarthy Yes. Corporation Counsel McNamee Just as an example of a piece of legislation that would fit within. This has happened in the past couple of years. The indefinite postponement of a resolution to approve the cost items of a collective bargaining agreement can then be resubmitted to this Board. The numbers within the agreement have changed. There is some substantial difference but actually the resolution is almost identical. I think that is the distinction that you are talking about. But that would not apply here. You are talking about completely different pieces of legislation. Alderman Deane Well under state law ... Mason's rules are not going to trump state law, right? Corporation Counsel McNamee That would be the case. Alderman Deane So that is a moot point on the CBA's. President McCarthy The motion is to re-refer to committee. Is there any further discussion on that motion? Alderman Cookson I would like to ask the Chair of the Infrastructure Committee to help me understand -= if it is re- referred back to committee what is the expectation of the Chair with regard to what action might be taken over the next 30-45 days. Would you see the Infrastructure Committee seeking information potentially the same information that the Sound Board that the Mayor is putting together is seeking or do you see the Infrastructure Committee waiting until a response comes back from the Sound Board? Bd. of Aldermen - 03/23/10 Page 23 Alderman Cox I would see it that we would work with the Mayor's Office obviously awaiting the results from the Sound Committee but also asking her office to work with us in putting a group together with some of the neighbors to also work on the policy side and put a comprehensive plan together as the group did for Holman Stadium. Alderman Cookson Thank you. President McCarthy Any further discussion on the motion to re-refer? If not, would the Clerk please call the role A Viva Voce roll call vote was taken which resulted as follows: Yea: Alderman Vitale, Alderman Craffey, Alderman Deane, Alderman Pressley, Alderman Larose, Alderman Chasse, Alderman Cookson 7 Nay: Alderman Clemons, Alderman Melizzi-Golja, Alderman Cox, Alderman Sheehan, Alderman Wilshire, Alderman Flynn, Alderman McCarthy 7 MOTION FAILED MOTION BY ALDERMAN CLEMONS FOR FINAL PASSAGE AS AMENDED BY ROLL CALL] ON THE QUESTION President McCarthy Is there any discussion on that motion? Alderman Pressley Would you repeat the motion please. President McCarthy The motion is for final passage of 0-10-12 as amended by roll call. If there is no further discussion, I will ask the Clerk to call the roll A Viva Voce roll call vote was taken which resulted as follows: Yea: Alderman Clemons, Alderman Vitale, Alderman Craffey, Alderman Pressley, Alderman Melizzi-Golja, Alderman Cox, Alderman Sheehan, Alderman Sheehan, Alderman Flynn, Alderman Cookson, Alderman McCarthy 11 Nay: Alderman Deane, Alderman Larose, Alderman Chasse 3 MOTION CARRIED Bd. of Aldermen - 03/23/10 Page 24 Ordinance 0-10-12 declared duly adopted as amended. NEW BUSINESS - RESOLUTIONS - None NEW BUSINESS - ORDINANCES - None PERIOD FOR GENERAL PUBLIC COMMENT James Cutter, 86 Palm Street, Nashua He read an open letter to Alderman McCarthy concerning a billing permit plot plan that needs to have boundary lines on outside work that agrees with the deed and the tax map. He is here due to the fact that building inspectors approved building permits that gave his neighbors a 3 foot wide strip of his driveway and clothes line area and the Legal Department since 2006 keeps avoiding the fact. The Nashua Web Page is "the City Attorney does not represent individuals in private legal matters" but his is a public matter as he explained in his 2/9 letter. He went through a history of building permit violations that were in violation of 0 192725-1 Section 36 passed in 1949 and known today as 0-90-268. With those approvals and assessment errors, his neighbors were led to believe that they owned his land. He does not blame the neighbors but puts the blame on public servants. He is asking the city to inform his neighbors to remove their fence, shed, etc. and return the land to him. REMARKS BY THE MEMBERS OF THE BOARD OF ALDERMEN Alderman Vitale stated that the child care advocates of Nashua are going to join together to celebrate the Week of the Young Child on Monday, April1ih at a special proclamation ceremony to be held here at City Hall which will begin at 9 am as providers and children in their care join local children entertainer Steve Blunt for a sing along on the front steps of City Hall in downtown Nashua. A tour will be given by Patricia Piecuch, Deputy City Clerk and end will in the Aldermanic Chamber where the Mayor will proclaim the Week of the Young Child for April 11 th - 1i h. The Child Care Advisory Commission of Nashua is planning the event and the theme is "early years are learning years". For anyone interested can contact Christina Lister, the coordinator of Child Care Services for the city of Nashua at 589-4540. Alderman Craffey stated that the crime watch for the Little Florida is at the Amherst Street School this Thursday. Alderman Deane that he did not feel that NRO 5-90(G) which sanctions for the Mayor in emergent and immediate actions was used for a $50,000 appropriation for the demolition costs to stop the demolition at 43 Pine Street, the Levine Building. He stated that the law gives the Mayor the right to step in for immediate action and contract terms and the amount and it will also be addressed to the Board of Aldermen through the Finance Committee for review. Alderman Deane said that it should have been in the Aldermanic packet prior to the last Finance Committee meeting and it was not. No letter outlining in 590G associating with the cost, the reason, the need for immediate action, contract terms and amounts. He feels that the true spirit and intent on the NRO was not followed in this case. He wants that changed. He knows that all have diverse opinions about what should happen to the building but it is not the building itself. It is the process that is important. It is for emergent reasons, collapsed street, sewer, etc. He stated that we even approved tearing down the building just across from it He believes that the NRO needs to be looked at. Alderman Pressley supports both actions and believed thatthere was an emergency. A decision was made to try to save the building and in order to do that they took action immediately. I also support that if there is a sewer failure that action needs to be taken but believes that this building is special. It Bd. of Aldermen - 03/23/10 Page 25 is impossible to compare the 2 buildings. One has historic value, eligible to list on the National Register for Historic Places and Preservation while the other one has been designated to be demolished as part of the Broad Street Parkway straightening of roads. The circumstances warranted it and she supports both of those actions. Alderman Wilshire encouraged all citizens of Nashua to participate in the survey that the City is doing regarding its consolidated plan. Every 5 years the City has put together a consolidated plan for HUD for the use of the CDBG funds. She feels that citizens can have their voices heard and participate in the survey which is available at go Nashua.com She also announced that the Nashua Soup Kitchen and Shelter is holding its 1t h annual run for food and shelter on 4/11. The road race is part of the NH 2010 Grand Prix race series. There is a 10K run, a 5K run, and a 3K walk and a kids' sprint. Alderman Cookson announced that March was Celtic Heritage month and he attended a concert at the Nashua Public Library in which Eva Clancy gave a 2 hour performance. She is the daughter of Bobby Clancy from the famous Irish group the Clancy Brothers. In addition, the business improvement district is having a public information session next Tuesday, March 30th at 6:00 p.m. upstairs in the Auditorium. They are looking for input of whether we should impose a tax or a fee associates with the downtown merchants. Lastly he was excited that the agenda for the next 2 weeks included a special Planning and Economic Development Public input session at the Senior Activities Center and scheduled for Saturday, 4/3/10 at 11 am. President McCarthy thanked all of the residents who turned out for the vision 20/20 sessions that they have had to date. They received some very helpful feedback which be sent to the Board with some published results. Committee announcements: Alderman Cox states that the Infrastructure Committee will be meeting on Wednesday, 3/24 at 7:00 p.m. ADJOURNMENT MOTION BY ALDERMAN LAROSE THAT THE MARCH 23, 2010 MEETING OF THE BOARD OF ALDERMEN BE ADJOURNED MOTION CARRIED The meeting was declared adjourned at 9:30 p.m. Attest: Paul R. Bergeron, City Clerk Nashua bUe Library 2 Court Street, Nashua. NH 03060-3475 603-589-4600 www.nashualibrary.org March 5, 2010 Mr. Brian McCarthy, Pr~sident Nashua Board of Aldermen City ofNashua, NH Dear President McCarthy, The Board of Library Trustees requests a Joint Convention with the Mayor and Board of Aldermen for the purpose of placing the name of Kathleen Veracco, 5 Tomolonis Drive, Nashua, NH 03062 in nomination as Library Board trustee for a seven-year term to expire on March 31, 2017. Cordially, David K. Pinsonneault, Secretary Board of Library Trustees Nashua Public Library cc: Arthur L. Barrett, Jr., Chairman Donnalee Lozeau, Mayor DKP/acs A World of Information@your libraryTM Lovering, Susan From: Caggiano, Nick Sent: Friday, March 12, 2010 3:52 PM To: Sheehan, Diane Cc: Kenison, Leon; Lozeau, Donnalee; Stohrer, Deb; Dwane, Tom SUbject: Pending band shell requests Alderman Sheehan- Per your request. The following requests for the band shell are in the pending file. I also included Tom Dwanes the notes regarding the status of the requests. Tom did contact some of them this week. Thank You Nick Caggiano Superintendent Nashua Parks & Recreation department * Jan 7th Nashua Christian Academy graduation for 5/29/10 Contacted 3/10 and told that they would need to find another venue * Jan 28th Care Net Pregnancy Center walkathon for 5/8/10 Moved event to 4 Corners / Sargents Ave * Feb 1st March of Dimes walkathon for 5/22/10 They will resubmit for Holman Parking Lot * Feb lOth Nashua Baptist Church for 7/4/10 service Contacted on 3/9/10 and told the shell is not available at this time. * Feb 11th HIV Task Force walkathon for 9/11/10 Message 3/11/10 the shell is not available at this time. 1