Aldermen, Board of

A regular meeting of the Board of Aldermen was held Tuesday, May 25, 2010 at 8:10 p.m. in the Aldermanic Chamber. President Brian S. McCarthy presided; Deputy City Clerk Patricia Piecuch recorded. President McCarthy Before I ask for the prayer, I would like to note the city lost a long time servant in the person of Tom Kelley who passed away at the end of last week. Mr. Kelley spent 22 years in this Chamber advancing the affairs of the city. I would like to ask for a moment of silence in his memory. A moment of silence was observed in memory of Thomas B. Kelley. Prayer was offered by Deputy City Clerk Patricia Piecuch; Alderman Sheehan led in the Pledge to the Flag. The roll call was taken with 12 members of the Board of Aldermen present; Aldermen Vitale and LaRose and Cox were not in attendance. Her Honor Mayor Donnalee Lozeau and Corporation Counsel James M. McNamee were also in attendance. REMARKS BY THE MAYOR Thank you, Mr. President. This evening I start my comments on a high note. Some of you may have noticed that the front steps are completed. The monument has been reset out there and they really look terrific. In addition, what is coming around your desks right now is a picture of the cannon at Greeley Park. Let me just remind you of some of the facts that I talked to you about before when the cannon was removed for restoration. The cannon is a German Howitzer manufactured in 1917 and captured by U.S. forces at the St. Mihiel Offensive on September 12, 1918. The gun was dedicated and presented to the City of Nashua on November 1, 1933 by the Armistice Day Committee, James Coffey Post #3 American Legion and VFW Post 483. The gun is a very rare remaining example of a Krupp Gun; most of the captured guns were lost during the scrap drives of WWII. The cannon has been removed from the park before for some restoration and this time it was removed from the park in late spring because of exterior corrosion, and the corrosion had left many holes and rusty edges and that sort of thing. Now, the cannon was sandblasted so they could evaluate issues. Some of you may remember that the cannon, each time it was restored, was really just sandblasted and spray painted a battleship gray. The company that did this work, we put out some bids, and I don’t know if you remember but the bids ranged from $2,000 to $11,000. And then, the last bid came in for 95¢. Statewide Collision, the owners, Rick Defelices and Tony Dahl, wanted to do the work as a community service project and they did the work over the winter. Their goal was to get it here before Memorial Day. As you can tell by the picture, which is why I wanted to distribute it to you, they actually did the work necessary to go back to find out what the right color should be that depicted how the gun was originally done. They did an amazing job. So, if some of you haven’t seen it, I would encourage you to do so. For those of you in Nashua, like me that have a picture in one of your childhood picture books of you next to a gray or black cannon, maybe it’s time to get a new one. I’m hopeful to have a bit of a recognition ceremony for them when I give them the whole 95¢ that they’ve charged us for this amazing job that they did. In addition, a little more good news, we received our compensation from the Pride to pay out the lease that they owed us. Oh, I’m sorry, not the Pride, excuse me, from the American Defenders. It took some time to get that done and it’s been completed. Actually, the Pride always paid their bills. I knew that you’d want to know that that money has come in. Bd. of Aldermen – 05/25/10 Page 2 Lastly, on a more somber note, as the President pointed out, we certainly did lose a very passionate and dedicated public servant this week. As he mentioned, he served on the Board for 22 years. He came in as a Ward 2 Alderman and after a few terms was elected an Alderman-at-Large. He served as the President of the Board. He chaired the Joint Special School Building Committee, oversaw the building of four new schools at the time, he was the leader and Chairman of the Downtown Initiative Amenities Program, which is how we got our brick sidewalks and benches and things of that nature. He was the Interim Director of Administrative Services. He was the President of the Exchange Club, the Humane Society, the United Way Campaign Chair and a Rotarian. He ended his career in City service as the AA to a former Mayor. It’s people like Tom Kelley that have left a mark on this community, and I believe the City owes him a debt of gratitude for that time that he served and continued all the way until his death to care about this community that he adopted some time ago. Our deepest sympathies go out to his wife, Caroline, and the rest of his family, and I just wanted to end on that note. Thank you for your kind attention, as always, this evening. RESPONSE TO REMARKS OF THE MAYOR – None RECOGNITION PERIOD - None READING MINUTES OF PREVIOUS MEETINGS MOTION BY ALDERMAN CLEMONS THAT THE MINUTES OF THE BOARD OF ALDERMEN MEETINGS OF APRIL 13, 2010, AND APRIL 27, 2010 BE ACCEPTED, PLACED ON FILE, AND THE READINGS SUSPENDED MOTION CARRIED COMMUNICATIONS MOTION BY ALDERMAN WILSHIRE THAT ALL COMMUNICATIONS BE READ BY TITLE ONLY MOTION CARRIED From: Brian S. McCarthy, President, Board of Aldermen Re: Transcription of Minutes MOTION BY ALDERMAN CLEMONS TO ACCEPT, PLACE ON FILE AND CONCUR WITH THE TRANSCRIPTION POLICY PROVIDED THEREIN ON THE QUESTION Alderman Cookson Thank you Mr. President. Have we at any point in time ever researched what it might cost to outsource this service, and if it was a comparison in price to what we are paying our city employees to do this service for? President McCarthy We outsource some of it now to various people and the price is generally the same. Alderman Cookson We outsource it to current employees in addition to what they typically do. My question is have we ever researched into looking into the cost of professionally outsourcing the transcription services. Bd. of Aldermen – 05/25/10 Page 3 President McCarthy In terms of hiring a contractor to do it no. We have hired individuals who may or not be city employees at the time they do it. That cost runs us $13-$15 an hour. Alderman Cookson Thank you. Alderman Deane So basically what you want to remove is the um, ah, and okays. President McCarthy From my discussions with our Legislative Assistant, there are numerous places where those take place and numerous places where someone will start a sentence and then start it over again. It occurs to me that according to her we have been removing those ever since she started that job, which is some time ago so clearly the lack of umms and ahhs and false starts has not been a problem. My understanding of the issue was that we weren’t doing that level of transcription on presentations and discussion items. The change is basically to do that. There is also as I pointed out, the fact that doing roll call votes verbatim when someone participates by telephone results in approximately 30 paragraphs for every procedural motion that is made during the meeting, and that would be collapsed into the single sentence yea and nay list that we have always done. Alderman Deane I don’t think that was as much of a problem as I had with what was going on. The problem I had was there were sections of minutes where discussion was had, and that is what it said, discussion was had, and that was the end of it and there was never anything transcribed. President McCarthy That is what I was just referring to, and that is the policy that we will replace with giving those the same level of transcription that our normal discussion prior to a vote has. Alderman Deane I do share their pain with some of what goes on, but it is just part of recording what the public has a right to know, and basically this is just going to allow them to clean up some of the formatting that goes on as well as there will just be a list of the roll call votes similar to what… President McCarthy I believe that this policy addresses the issue that you have brought up numerous times about not transcribing the discussion in a general discussion or not transcribing the presentations, and those will be done to the same level we have always done everything else. Alderman Deane Okay. Thank you. Bd. of Aldermen – 05/25/10 Page 4 Alderman Sheehan We still have the audio available as well. President McCarthy Yes. Alderman Sheehan Thank you. President McCarthy Is there any further discussion? MOTION CARRIED PERIOD FOR PUBLIC COMMENT RELATIVE TO ITEMS EXPECTED TO BE ACTED UPON THIS EVENING James Vayo, 3 Arlington Street, Nashua I just wanted to address this board in regards to Resolutions 10-28 and 10-29 endorsed by the Mayor for Authorizing the Filing of Applications and Execution of Grants and agreements with the State of New Hampshire and the Federal Government. I have read through these resolutions, and they didn’t really define their action. I guess the question I am having is what affect will these things have, does the city foresee grant monies coming in anticipation of these rules, and is there a prior authorizing entity that is being replaced or is this new authorization that didn’t exist prior to this resolution? I guess another part of it is I am curious about how mass transportation is defined for this grant money. Thank you. PETITIONS Petition Requesting $2,000,000 be Added to the School Budget President McCarthy I forgot to mention that Alderman Cox is actually upstairs at the Zoning Board of Adjustment since there is a case that is important to him. Alderman LaRose is still ill and cannot attend. Alderman Vitale had contacted me to say she would be unable to be here. That being the case, can someone who is over there pick up the motion? MOTION BY ALDERMAN MELIZZI-GOLJA TO ACCEPT AND PLACE ON FILE ON THE QUESTION Alderman Deane This is not the same petition that we got over at the North school during the public hearing. Bd. of Aldermen – 05/25/10 Page 5 President McCarthy Yes it is. Alderman Deane Where is the rest of it? President McCarthy The signature pages are on file, as is noted on the agenda, in Sue’s office. Alderman Deane So there is only this one signature page? President McCarthy I had her duplicate the entirety of the text and the front signature page, and she has the copies of the rest of the signature pages. Alderman Deane So would that be implied in the motion? President McCarthy Yes. Alderman Deane So the motion is to accept and place on file what we have in front of us here? President McCarthy Which includes the copy. It is basically to file the copy that she has, which is all of it. Alderman Deane Thank you. Alderman Tabacsko Do we know how many pages that amounts to or how many signatures? President McCarthy I can have her get it out. I believe there are about 1,000 signatures on the one that we received. Alderman Tabacsko Thank you. I think that is important for the record. Bd. of Aldermen – 05/25/10 Page 6 Alderman Deane I know I looked through it, and the top 30 or so pages had 1 or 2 signatures per page, and then as I got through that the pages started to fill up a bit more, but I didn’t take the time to count them all either. Alderman Tabacsko Thank you. Alderman Deane You are welcome. President McCarthy Is there any further discussion? MOTION CARRIED NOMINATIONS, APPOINTMENTS AND ELECTIONS - None REPORTS OF COMMITTEE Budget Review Committee................................................................... 04/27/10 There being no objection, President McCarthy declared the report of the April 27, 2010 Budget Review Committee accepted and placed on file. Budget Review Committee................................................................... 05/03/10 There being no objection, President McCarthy declared the report of the May 3, 2010 Budget Review Committee accepted and placed on file. Finance Committee .............................................................................. 04/21/10 There being no objection, President McCarthy declared the report of the April 21, 2010 Finance Committee accepted and placed on file. Finance Committee .............................................................................. 05/0510 There being no objection, President McCarthy declared the report of the May 5, 2010 Finance Committee accepted and placed on file. Committee on Infrastructure ................................................................ 04/28/10 There being no objection, President McCarthy declared the report of the April 28, 2010 Committee on Infrastructure accepted and placed on file. CONFIRMATION OF MAYOR'S APPOINTMENTS – None Bd. of Aldermen – 05/25/10 Page 7 UNFINISHED BUSINESS – RESOLUTIONS R-10-12 Endorser: Mayor Donnalee Lozeau Alderman-at-Large David W. Deane Alderman Michael J. Tabacsko Alderman Paul M. Chasse, Jr. Alderman Diane Sheehan Alderman Jeffrey T. Cox Alderman Mary Ann Melizzi-Golja Alderman-at-Large Barbara Pressly Alderman Arthur T. Craffey, Jr. Alderman Kathy Vitale Alderman Richard J. LaRose Alderman-at-Large Brian S. McCarthy APPROVING A HOLMAN STADIUM SPONSORSHIP AGREEMENT Given its second reading; MOTION BY ALDERMAN DEANE TO AMEND R-10-12 IN ITS ENTIRETY BY REPLACING IT WITH THE GOLDEN ROD COPY PROVIDED WITH THE AGENDA MOTION CARRIED MOTION BY ALDERMAN DEANE FOR FINAL PASSAGE OF R-10-12 AS AMENDED ON THE QUESTION Alderman Deane I just wanted to let the board know that the one amendment that was made was on the back page, top bullet “All sponsorship requests that are to be submitted to the Board of Public Works for approval, all applications are to include camera ready art work of the advertisement signage requested in the application.”. The Board of Public Works will get the camera ready art work with their packets, they will see what the advertising is going to be, and then they will vote it up or down at their meetings. Thank you. President McCarthy Is there any further discussion? MOTION CARRIED Resolution R-10-12 declared duly adopted as amended. UNFINISHED BUSINESS – ORDINANCES - None NEW BUSINESS – RESOLUTIONS R-10-27 Endorsers: Alderman-at-Large Brian S. McCarthy Alderman Jeffrey T. Cox AUTHORIZING THE MAYOR AND CITY TREASURER TO ISSUE BONDS NOT TO EXCEED THE AMOUNT OF SIX MILLION NINE HUNDRED AND FIFTY THOUSAND DOLLARS ($6,950,000) FOR VARIOUS SCHOOL IMPROVEMENTS Given its first reading; Bd. of Aldermen – 05/25/10 Page 8 MOTION BY ALDERMAN DEANE TO ACCEPT THE FIRST READING OF R-10-27, ASSIGN IT TO THE BUDGET REVIEW COMMITTEE AND SCHEDULE A PUBLIC HEARING FOR MONDAY, JUNE 7, 2010 AT 7:00 PM IN THE ALDERMANIC CHAMBER BY ROLL CALL A Viva Voce roll call vote was taken which resulted as follows: Yea: Alderman Clemons, Alderman Craffey, Alderman Deane, Alderman Pressly, Alderman Tabacsko, Alderman Melizzi-Golja, Alderman Sheehan, Alderman Wilshire, Alderman Chasse, Alderman Flynn, Alderman Cookson, Alderman McCarthy 12 Nay: 0 MOTION CARRIED Resolution R-10-27 assigned to the BUDGET REVIEW COMMITTEE R-10-28 Endorser: Mayor Donnalee Lozeau Alderman Michael J. Tabacsko Alderman Mary Ann Melizzi-Goja AUTHORIZING THE FILING OF APPLICATIONS AND EXECUTION OF GRANT AGREEMENTS WITH THE UNITED STATES DEPARTMENT OF TRANSPORTATION AND THE NEW HAMPSHIRE DEPARTMENT OF TRANSPORTATION FOR GRANTS UNDER THE URBAN MASS TRANSPORTATION ACT OF 1964, AS AMENDED, FOR FISCAL YEARS 2011 AND 2012 President McCarthy Mayor Lozeau could I ask you to just briefly comment on the nature of the grants before I assign them? Mayor Lozeau My understanding from Mr. Sousa is I believe both the state and federal government have made some changes and require new language. It is my expectation to come in and explain that when they are heard. Are they being taken up tonight? President McCarthy No. Mayor Lozeau They are being assigned to committee right? President McCarthy Yes. Are these grants that deal with transportation as in road infrastructure or with the urban transit system? Mayor Lozeau With urban transit I believe. Given its first reading; assigned to the HUMAN AFFAIRS COMMITTEE by President McCarthy Bd. of Aldermen – 05/25/10 Page 9 R-10-29 Endorser: Mayor Donnalee Lozeau Alderman Michael J. Tabacsko Alderman Mary Ann Melizzi-Goja Alderman Diane Sheehan Alderman-at-Large Barbara Pressly AUTHORIZING THE FILING OF APPLICATIONS AND EXECUTION OF GRANT AGREEMENTS WITH THE New Hampshire DEPARTMENT OF TRANSPORTATION FOR GRANTS UNDER THE URBAN MASS TRANSPORTATION ACT OF 1964, AS AMENDED, FOR FISCAL YEAR 2010 Given its first reading; assigned to the HUMAN AFFAIRS COMMITTEE by President McCarthy NEW BUSINESS – ORDINANCES O-10-18 Endorser: Alderman-at-Large David W. Deane Alderman-at-Large Ben Clemons Alderman Arthur T. Craffey, Jr. RESCINDING THE NO-PARKING ZONE ON THE SOUTH SIDE OF WEST HOLLIS STREET BETWEEN PALM STREET AND EATON STREET Given its first reading; assigned to the COMMITTEE ON INFRASTRUCTURE by President McCarthy PERIOD FOR GENERAL PUBLIC COMMENT James B. Cutter, 86 Palm Street, Nashua This is an open letter to Alderman-at-Large Brian McCarthy: Dear Alderman McCarthy, The city attorney knows I am right because he keeps avoiding the fact the building permits were in error by having boundary lines that did not agree with the deed. We know the boundary lines should agree with the deed because I was able to get the Assessing Department to change the tax map to agree with the deed. To protect the taxpayer when misinformed by the public servant, building inspector, there is RSA 626:3 Effect of Ignorance or Mistake. That places the blame on the public servant and makes the city responsible for correcting the mistake. Very truly yours, James Cutter. Thank you. REMARKS BY THE MEMBERS OF THE BOARD OF ALDERMEN Alderman Cookson Thank you Mr. President. I wanted to thank the Mt. Pleasant PTO for this past weekend’s block party. Had a wonderful time out there. Got to sit in a dunk tank. I was in the water more often than not. We have some great arms out there. If they are not already playing Cal Ripken baseball they will be shortly. That was a wonderful event. Thank you so much for the invitation to join you. I had a great time meeting several teachers and the principal out at Mt. Pleasant. I also wanted to thank the VFW Post 483 for a wonderful event, Loyalty Day. I was able to participate in that. Just a great time. VFW put on a great program. Thank you. Alderman Chasse French Heritage Night tomorrow night at 5:30 p.m. at the Water Street ramp area. Come on out and speak French. Bd. of Aldermen – 05/25/10 Page 10 Alderman Tabacsko Thank you. I want to give one last plug for the PAL Golf Tournament coming up two weeks from tomorrow. I would like to thank everybody who has signed up for sponsorships and golf. There are still some slots available. If you would like to do a sponsorship or to play just let me know. To many of you out there that have promised I will be around tomorrow collecting checks. Just fair warning, I am out tomorrow collecting. Thank you. Alderman Craffey Fairmount/Little Florida Crime Watch tomorrow at Amherst Street School at 6:30 p.m. Committee announcements: Alderman Wilshire The Human Affairs Committee will meet tomorrow night at 7:00 p.m. in these Chambers. Alderman Deane The Budget Review Committee will meet Thursday night at 7:00 p.m. in these Chambers. ADJOURNMENT MOTION BY ALDERMAN DEANE THAT THE MAY 25, 2010 MEETING OF THE BOARD OF ALDERMEN BE ADJOURNED MOTION CARRIED The meeting was declared adjourned at 8:35 p.m. Attest: Patricia Piecuch, Deputy City Clerk