Aldermen, Board of

A special meeting of the Board of Aldermen was held Thursday, June 3, 2010 at 7:00 p.m. in the Aldermanic Chambers. President Brian S. McCarthy presided; City Clerk Paul Bergeron recorded. Prayer was offered by City Clerk Paul Bergeron; Alderman Cox led in the Pledge to the Flag. The roll call was taken with 13 members of the Board of Aldermen present; Aldermen Clemons and Alderman Chasse were not in attendance. President McCarthy Alderman Clemons and Alderman Chasse had called to let me know that they would not be able to attend. Her Honor Mayor Donnalee Lozeau and Corporation Counsel James M. McNamee were also in attendance. COMMUNICATIONS MOTION BY ALDERMAN DEANE THAT ALL COMMUNICATIONS BE READ BY TITLE ONLY MOTION CARRIED From: Brian S. McCarthy, President, Board of Aldermen Re: Special Board of Aldermen Meeting MOTION BY ALDERMAN DEANE TO ACCEPT AND PLACE ON FILE MOTION CARRIED UNFINISHED BUSINESS - RESOLUTIONS MOTION BY ALDERMAN TABACSKO TO WITHDRAW FROM COMMITTEE RESOLUTION R-10-28 MOTION CARRIED R-10-28 Endorsers: 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 Given its second reading; MOTION BY ALDERMAN TABACSKO FOR FINAL PASSAGE OF R-10-28 ON THE QUESTION President McCarthy Mayor Lozeau, would you like to explain what the urgency is on … Special Bd. of Aldermen – 06/03/10 Page 2 Mayor Lozeau Certainly. Thank you, Mr. President. The two resolutions that are before you tonight, if I can have the latitude to speak to both of them so I don’t have to repeat myself, relate to operating dollars for our transit department. For years, since transit began operating, it has received federal dollars through the New Hampshire Department of Transportation to contribute toward the operating expenses. When the new Attorney General took office, they changed the procedure that has been used for New Hampshire DOT for distribution of those dollars. In the past, the city really just invoiced them after the resolutions had passed. Now, they want more than just an invoice from the city. They want a Certificate of Vote, that usually accompanies all contracts that I sign, to demonstrate that it’s not just the US DOT, it’s also the New Hampshire DOT. If we don’t get these passed right now with that change in them, we’re going to lose just over $9,000 for this fiscal year, and then potentially all of the operating dollars for the other two fiscal years that are named in these resolutions. When they came to the Board a week or so ago, it was not made clear to me that we needed to get them done that night. The staff had been expecting a second reading and final action that night. I did not realize that. But the Governor/Council meetings, like ours, are limited in the summer so this has to go before G&C in order for those funds to be accepted. So, that’s the urgency of this. I tried to work with DOT to see if they could get things processed on the agenda, assuring them that we would get them this resolution after we took action on the 8th of June, but they couldn’t wait because the deadline for information to be on the G&C agenda is before that date. So, I appreciate this and my apologies that I didn’t make it clear at the last meeting that that was the expectation. Alderman Deane I had a question in the title. Maybe the Mayor can answer. It says as amended. Is that referring to the Urban Mass Transportation Act of 1964? Mayor Lozeau That’s my understanding. Alderman Deane Okay. And my second question is you mentioned I believe R-10-28 is $9,000? Mayor Lozeau Right, $9,755. Alderman Deane $9,755? Mayor Lozeau Is the remaining amount. We have been invoicing all along. That’s the … Alderman Deane Okay, and what’s the total dollar amount for R-10-29? Special Bd. of Aldermen – 06/03/10 Page 3 Mayor Lozeau Actually, it’s the reverse as Alderman Tabacsko is giving me the high sign. I didn’t realize the order they were in. The Fiscal Year 2010, which is resolution R-10-29, is the $9,755 because that’s the remaining amount for the year. For R-10-28, I’m not certain I know the entire total, but it would be all of the operating dollars which would be significant if this is our last invoice for this year. I’m sure that we invoice either monthly or quarterly. I’d be happy to let you know what that amount is. And this, Alderman Deane, these are resolutions that have passed this body before. The only difference is naming the New Hampshire Department of Transportation. Alderman Deane No, I understand that. It’s just I like to know what I am voting on. It went to committee; it got withdrawn, and a dollar amount was mentioned. I just want to understand what I am voting on before I cast my vote. That’s all. I’m sure you can relate to that, right? Mayor Lozeau I absolutely understand that. So my expectation was that for Fiscal Year 10 it was important to know that immediately. For the other two fiscal years, because it was both fiscal years, I really didn’t think about it in the sense of … and frankly, I’m not sure we’d even know at this stage for Fiscal Year 12 or Fiscal Year 11 because I’m not certain those budgets have been done on the state and federal level. Alderman Deane But you’re going to find out. You’ll let us know. Mayor Lozeau You’ll know. Yes. Alderman Deane Thank you. Mayor Lozeau You’re welcome. And I think we now capture that in the budget book too. Alderman Deane Thank you very much. Mayor Lozeau You’re welcome. MOTION CARRIED Resolution R-10-28 declared duly adopted. Special Bd. of Aldermen – 06/03/10 Page 4 MOTION BY ALDERMAN MELIZZI-GOLJA TO WITHDRAW FROM COMMITTEE RESOLUTION R-10-29 MOTION CARRIED R-10-29 Endorsers: 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 second reading; MOTION BY ALDERMAN MELIZZI-GOLJA FOR FINAL PASSAGE OF R-10-29 MOTION CARRIED Resolution R-10-29 declared duly adopted. NON-PUBLIC SESSION MOTION BY ALDERMAN DEANE THAT THE BOARD OF ALDERMEN GO INTO NON-PUBLIC SESSION BY ROLL CALL PURSUANT TO RSA 91-A:3,II(e) TO CONSIDER A PENDING CLAIM OR LITIGATION WHICH HAS BEEN THREATENED IN WRITING OR FILED AGAINST THE CITY SECONDED BY ALDERMAN TABACSKO A Viva Voce Roll Call was taken, which resulted as follows: Yea: Alderman Vitale, Alderman Craffey, Alderman Deane, Alderman Pressly, Alderman LaRose, Alderman Tabacsko, Alderman Melizzi-Golja, Alderman Cox, Alderman Sheehan, Alderman Wilshire, Alderman Flynn, Alderman Cookson, Alderman McCarthy 13 Nay: 0 MOTION CARRIED MOTION BY ALDERMAN DEANE THAT THE BOARD OF ALDERMEN SEAL THE MINUTES OF THE NON-PUBLIC SESSION BY ROLL CALL UNTIL SUCH TIME AS THE MAJORITY OF THE BOARD VOTES THAT THE PURPOSE OF THE CONFIDENTIALITY WOULD NO LONGER BE SERVED Special Bd. of Aldermen – 06/03/10 Page 5 Yea: Alderman Vitale, Alderman Craffey, Alderman Deane, Alderman Pressly, Alderman LaRose, Alderman Tabacsko, Alderman Melizzi-Golja, Alderman Cox, Alderman Sheehan, Alderman Wilshire, Alderman Flynn, Alderman Cookson, Alderman McCarthy 13 Nay: 0 MOTION CARRIED MOTION BY ALDERMAN DEANE TO COME OUT OF THE NON-PUBLIC SESSION AND RETURN TO THE SPECIAL MEETING OF THE BOARD OF ALDERMEN MOTION CARRIED ADJOURNMENT MOTION BY ALDERMAN TABACSKO THAT THE JUNE 3, 2010, SPECIAL MEETING OF THE BOARD OF ALDERMEN BE ADJOURNED MOTION CARRIED The meeting was declared adjourned at 8:45 p.m. Attest: Paul Bergeron, City Clerk