Aldermen, Board of

A regular meeting of the Board of Aldermen was held Tuesday, October 12, 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 Melizzi-Golja led in the Pledge to the Flag. The roll call was taken with 14 members of the Board of Aldermen present; Alderman Craffey was not in attendance. President McCarthy stated that Alderman Craffey was dealing with family issues. Her Honor Mayor Donnalee Lozeau and Corporation Counsel James M. McNamee were also in attendance. REMARKS BY THE MAYOR I have no remarks this evening relative to the agenda but I did think it would be valuable to take a moment to share with you what you may have noticed going on around City Hall. I don’t know if any of you have had the chance to be at the front of the building today but the scaffolding went up today in the front of the building, up the front steps, to get some of the work done for the changes here in the building. We expect the scaffolding to be in front of the building about two weeks while they do the cupola on top of the building. Then that scaffolding will come down and over the next two weeks, we expect the windows to be completed and then the work will begin on the roof. If you have a minute to go up to the auditorium, you can start to see where they are taking out the closed in ceiling tiles that hide two skylights on the roof so when you walk into the auditorium, it already looks much bigger. I just thought I would take a moment to call some of that work to your attention. The staff is very excited about their new work environment with the windows and very thrilled about seeing the auditorium coming back to its original beauty, so to speak. Thank you for your kind attention tonight. 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 SEPTEMBER 28, 2010, BE ACCEPTED, PLACED ON FILE, AND THE READINGS SUSPENDED ON THE QUESTION Alderman Cookson I’m just assuming by that motion that the Great American Downtown presentation before the Board of Aldermen is what you’re referring to as Board of Aldermen meeting minutes? Alderman Clemons Yes. President McCarthy Yes. Bd. of Aldermen – 10/12/10 Page 2 MOTION CARRIED COMMUNICATIONS - None PERIOD FOR PUBLIC COMMENT RELATIVE TO ITEMS EXPECTED TO BE ACTED UPON THIS EVENING Bob Burgess, 32 Bates Drive, Nashua. The first one is Resolution 10-67, Changing the Name of the Broad Street Parkway upon Completion to the Millyard Technology Park. I’m strongly opposed to this living in Nashua over the years and worked in a few of the industries in the city and we’ve seen what happened to the industry. Who knows what this milliard is going to end up turning out to be down the road. As we look at all the vacant mills in town here, which a good many of us made our living on. They are gone. I strongly believe in leaving this the Broad Street Parkway. Resolution 10-69, request the city prepare and issue a request for proposal, completion or replacing the Greeley Park Bandshell. As we look at the economy in the city, where 39 percent of the youngsters in the school system are on fixed or reduced lunches, we look at the foreclosures in the city, we look at the lack of good paying jobs in the city, at this time, and I’m proposed to spending any money on here. I kind of wonder if this is a result of a handful of residents on the southern side of Swart Terrace. I’ve had a garden down there for in excess of 20 years, and I’m down there a good many days in the afternoons and evenings. You can probably throw a baseball from the bandshell to the garden. I’ve got the first garden there. Very little music I hear down there. The only music I hear down there that I have problems with is some of these ball teams have this banging music in the evening. I think we went overboard with the bandshell, and we’re making too much noise. It’s sad to see little going on in the park this year donw there. We used to have a good many up there like the races started there and everything. They are all gone. They moved down to Holman Stadium and elsewhere. I think it’s a shame. I live the next street over north of Greeley Park. I haven’t heard any complaints on my street. I’ve talked to people in the northern part of Swart Terrace. They are happy. Seems to be only a handful of the people down at the bottom of the hill on Swart Terrace. As you look at those homes, they aren’t the average homes. When you take the middle to the low class people like me, well, I’m probably a middle class, I’d say, they said they can’t afford air condition down there. If they sure can’t, how can all the residents in all the other ends of the city? We heard they coulnd’t leave their windows open. It was so hot last summer, I wouldn’t want to leave any windows open. I’m a firm believer, I can’t see spending any money on this bandshell at this time. If the economy picks up and things start to look better in the city, maybe we can look on it further. The last one is Resolution 10-56, this is the cost item collective bargaining between the board of commissioners and the communication employees. There’s 15 employees involved here. If you take all the goodies, the salaries, the health insurance, all the benefits, I think it ends up $76,000 for each member. We look at the dental plan. They are 100 percent paid, the insurance, A, B and C. A is cleaning x-rays, they don’t pay a dime. If you go to fillings, the city pays 85 percent of that in Section B of that. I’ve been in here I don’t know how many times talking about this holiday Fast Day. I don’t know how many people in this room could put their hand up and say they have Fast Day off. This was eliminated 19 years ago. Nineteen years. Why are we continually putting this into union contracts? I kind of wonder how many more unions in the city have got this. I think we should hold this back to the ten federal holidays. I think with this contract, we’ve been very good. The only thing I can see in here that I like is people hired after 2000, if they keep sick days on the book, they are only going to get 20 percent once they retire. But other than that, I this is costing us a fortune. I tried to get the health figures downstairs, but it’s pretty hard. I guess some people you just can’t get through. At one time I used to be able to talk to them. But the taxpayers pick up 90 percent of a Bd. of Aldermen – 10/12/10 Page 3 HMO plan. This contract, I hope down the road, somebody will go in and say this is a year of the contracts. We’ve got to tighten our belts. And what are we getting back? I’d like to know how many concessions we’re giving out of this union for the taxpayers of the city. We just can’t keep continuing to giving all this. When like I say, my figures are better than $77,000 for each of those 15 people for this contract. Thank you. PETITIONS – None NOMINATIONS, APPOINTMENTS AND ELECTIONS – None REPORTS OF COMMITTEE Budget Review Committee ................................................................... 10/04/10 There being no objection, President McCarthy declared the report of the October 4, 2010 Budget Review Committee accepted and placed on file. Finance Committee .............................................................................. 10/06/10 There being no objection, President McCarthy declared the report of the October 6, 2010 Finance Committee accepted and placed on file. Committee on Infrastructure ................................................................. 09/25/10 There being no objection, President McCarthy declared the report of the September 25, 2010 Committee on Infrastructure accepted and placed on file. Pennichuck Water Special Committee ................................................ 09/27/10 There being no objection, President McCarthy declared the report of the September 27, 2010 Pennichuck Water Special Committee accepted and placed on file. Pennichuck Water Special Committee ................................................ 10/06/10 There being no objection, President McCarthy declared the report of the October 6, 2010 Pennichuck Water Special Committee accepted and placed on file. Joint PEDC/BIDA ................................................................................. 09/29/10 There being no objection, President McCarthy declared the report of the September 29, 2010 Joint Planning & Economic Development Committee and Business & Industrial Development Authority accepted and placed on file. WRITTEN REPORTS FROM LIAISONS – None CONFIRMATION OF MAYOR'S APPOINTMENTS – None Bd. of Aldermen – 10/12/10 Page 4 UNFINISHED BUSINESS – RESOLUTIONS R-10-56 Endorser: Alderman-at-Large Lori Wilshire APPROVING THE COST ITEMS OF A COLLECTIVE BARGAINING AGREEMENT BETWEEN THE NASHUA BOARD OF POLICE COMMISSIONERS AND NASHUA POLICE COMMUNICATION EMPLOYEES N.E.P.B.A. LOCAL 125, I.U.P.A., AFL-CIO FROM JULY 1, 2010 THROUGH JUNE 30, 2011 AND AUTHORIZING THE TRANSFER OF $19,000 FROM ACCOUNT #597-86605 “CONTINGENCY- NEGOTIATIONS” INTO ACCOUNT #531-11900 “POLICE-PAYROLL ADJUSTMENTS” Given its second reading; MOTION BY ALDERMAN WILSHIRE FOR FINAL PASSAGE OF R-10-56 ON THE QUESTION Alderman Flynn When you decide how you’re support the resolution or not support the resolution, the pros of this contract are it is only one year, there is 14 people now. There’s going to be 15 people shortly. We do have the funds identified to pay for the additional cost of the contract. That’s the pros of this contract. The cons of this contract are that there are no further health concessions. The city continues to pay 90 percent of the HMO cost. In essence, the city is paying an additional 90 percent on all of the increases of health care costs. The dental plan, no changes. Two-people, fully paid, a two-person dental plan. They have a unique thing in their grid. I didn’t noticed this when we passed the contract a couple years ago. But the grid when you jump from four years to five years and when you jump from nine years to ten years, every five years, the grid actually for those people goes up an extra two percent. That’s, I think, a way of having longevity without having a longevity language within he contract. We don’t budget longevity. As a city we budget $600,000 for longevity across all of the city employees, but we don’t budget this because it’s kind of hidden within the grid. When you add that four percent in year five, for example, then all of the increases in subsequent years are using that four percent, not two percent, added to their base. So it actually makes the contract richer and richer for those people. As far as was mentioned earlier about time off, these people have a unique situation. They all work these four days on, two days off. Most people work five days on, two days off. So over the course of the year, they have 16 extra days off. If you pass this contract, they also go from 11 ¼ holidays to 12 holidays. If you’re on vacation and you’ve been here for 15 years, you get 16 days off for vacation. As far as sick days, if you’re hired prior to July, 2000, you have 15 sick days a year and if you’re hired after July, 2000, you have 12 sick days per year. There’s a lot of time that the city has over time continued to add to their contract as a means of coming to some kind of grips or agreement. But when you look at this contract going into it, it was a pretty solid contract. They had nice increases in the last term of the contract, and this contract here is extremely generous. I don’t think they get Fast Day off. They get Flag Day off. So those are the pros and the cons, I think, as you decide how you are going to vote on the contract tonight. Alderman Cookson Roll call please. Bd. of Aldermen – 10/12/10 Page 5 A Viva Voce roll call vote was taken on the motion for final passage by roll call which resulted as follows: Yea: Alderman Clemons, Alderman Vitale, Alderman Pressly, Alderman LaRose, Alderman Tabacsko, Alderman Melizzi-Golja, Alderman Cox, Alderman Sheehan, Alderman Wilshire, Alderman McCarthy 10 Nay: Alderman Deane, Chasse, Alderman Flynn, Alderman Cookson 4 MOTION CARRIED Resolution R-10-56 declared duly adopted. R-10-58 Endorser: Mayor Donnalee Lozeau APPROVING A SIX-YEAR AGREEMENT WITH PICTOMETRY INTERNATIONAL CORP. FOR IMAGING, SOFTWARE AND DATA PRODUCTS Given its second reading; MOTION BY ALDERMAN COOKSON FOR FINAL PASSAGE OF R-10-58 MOTION CARRIED Resolution R-10-58 declared duly adopted. R-10-59 Endorser: Alderman-at-Large David W. Deane Alderman Arthur T. Craffey, Jr. Alderman Paul M. Chasse Alderman Diane Sheehan CLARIFYING THE USE OF THE EXPENDABLE TRUST FUND FOR SPORTS TOURNAMENT TRAVEL EXPENSES TO CITY-FUNDED SPORTS TEAMS AND TRANSFERRING $2,000 FROM ACCOUNT 552-91055 “PARKS AND RECREATION DEPARTMENT–TRAVEL, STATE CHAMP TEAMS” INTO THE EXPENDABLE TRUST FUND Given its second reading; MOTION BY ALDERMAN DEANE FOR FINAL PASSAGE OF R-10-59 ON THE QUESTION Alderman Deane Through you, Mr. President, does anyone have any questions about this legislation? I’d be more than happy to answer them. Thank you. MOTION CARRIED Resolution R-10-59 declared duly adopted. Bd. of Aldermen – 10/12/10 Page 6 R-10-62 Endorsers: Alderman Arthur T. Craffey, Jr. Alderman Michael J. Tabacsko Alderman-at-Large Barbara Pressly Alderman Mary Ann Melizzi-Golja Alderman Diane Sheehan Alderman Kathy Vitale APPROVING A THREE YEAR AGREEMENT WITH THE SOCIETY FOR THE PROTECTION OF NEW HAMPSHIRE FORESTS FOR CONSULTING AND RELATED SERVICES TO IDENTIFY AND ACQUIRE PROPERTIES FOR CONSERVATION PURPOSES AND AUTHORIZING THE TRANSFER OF $50,000 FROM ACCOUNT #372-7007 “NASHUA CONSERVATION FUND” INTO ACCOUNT #372-01045 “CONTRACTING SERVICES – PARCELS FOR ACQUISITION” Given its second reading; MOTION BY ALDERMAN TABACSKO TO TABLE R-10-62 AT THE FULL BOARD LEVEL PENDING A RECOMMENDATION FROM THE FINANCE COMMITTEE ON THE QUESTION Alderman Clemons The finance committee actually endorsed this resolution, I believe it was last week. I was fairly certain that that is what happened. I’ll defer to the mayor, if I could, Mr. President. Mayor Lozeau I believe, and I am going to keep an eye over there for Mrs. Lovering, but I believe what happened is they got confused on which resolution came to the finance committee so we took up the communication, but not the resolution. Alderman Clemons Okay. President McCarthy I believe in the interests of complete disclosure that our very thorough but overworked legislative assistant may have sent R-10-62 and 63 to the inverted committees of the ones that they were assigned to. Hence, this one finance has not taken care of – R-10-62. Alderman Clemons Yes. Right. President McCarthy And on the one that we will take up next, it has a favorable recommendation from the wrong committee. Bd. of Aldermen – 10/12/10 Page 7 Alderman Clemons I stand corrected. Alderman Tabacsko It would appear this got a favorable recommendation from the wrong committee as well. President McCarthy No, this hasn’t appeared on the wrong committee’s agenda yet. The motion on the floor is to table pending a recommendation from the finance committee. Any further discussion on the non- debatable motion to table? Alderman Clemons My only question is is this something that is time sensitive? President McCarthy No it is not. Alderman Deane When this was discussed at the budget committee, we asked if there were time constraints on it. We were told that there were. Now we’re told that there not. So there’s no time constraints as you have stated, Mr. President? President McCarthy That’s what I am told was the opinion of Director Hersh to our Legislative Assistant. Mayor Lozeau, do you have something to … Mayor Lozeau I was just going to say that I think that the issue was that extra week to go to finance wouldn’t be a problem. MOTION CARRIED Resolution R-10-62 tabled at the full Board level. R-10-63 Endorsers: Mayor Donnalee Lozeau Alderman-at-Large Ben Clemons Alderman Michael J. Tabacsko Alderman Jeffrey T. Cox Alderman Diane Sheehan Alderman Mary Ann Melizzi-Golja Alderman-at-Large Lori Wilshire RELATIVE TO THE ACCEPTANCE AND APPROPRIATION OF $1,000,000 FROM THE U.S. ENVIRONMENTAL PROTECTION AGENCY INTO SPECIAL REVENUE ACCOUNT #371- 7038 “EPA BROWNFIELDS REVOLVING LOAN FUND GRANT” Given its second reading; Bd. of Aldermen – 10/12/10 Page 8 MOTION BY ALDERMAN CLEMONS FOR FINAL PASSAGE OF R-10-63 Alderman Deane This is the piece of legislation that was referred to Human Affairs but the chairman was okay with the discussion that was had at the finance committee? President McCarthy Yes. MOTION CARRIED Resolution R-10-63 declared duly adopted. UNFINISHED BUSINESS – ORDINANCES MOTION BY ALDERMAN CLEMONS TO RECONSIDER ORDINANCE O-10-28 ON THE QUESTION President McCarthy For the purpose of offering amendments, I presume? Alderman Clemons Yes. Alderman Cookson Could the maker of the motion be a little more forthcoming with the… President McCarthy You should have an amendment on your desks that amends the penalties section of the ordinance. After we had passed it the last time, it occurred to me that we might have made it impossible for us to levy a fine which we can for any other violation in the ordinances. Alderman Cookson Thank you, Mr. President. MOTION CARRIED O-10-28 Endorser: Alderman-at-Large David W. Deane AMENDING THE SOLID WASTE ORDINANCES TO REQUIRE COLLECTION ITEMS TO BE PLACED WITHIN A PROPERTY OWNERS' LOT LINE FRONTAGE AND REMOVING THE PROVISION REGARDING LANDFILL SECURITY Bd. of Aldermen – 10/12/10 Page 9 MOTION BY ALDERMAN CLEMONS TO AMEND O-10-28 BY REPLACING IT IN ITS ENTIRETY WITH THE AMENDED COPY PLACED ON OUR DESKS THIS EVENING MOTION CARRIED ON THE QUESTION Alderman Clemons Just briefly, essentially what this does is it just moves the penalty that we had amended in committee to the violation and penalty section, if you will, of our ordinances. It just moves it down there. It also allows for a fine to be levied in addition to the penalties that were discussed the evening that it came before the Personnel Committee. So it really doesn’t change anything at all. In my opinion, it actually enhances the legislation because it just gives one more tool to the solid waste department. But nothing that we discussed insomuch as the purpose of the ordinance or the penalties that we added will change. Alderman Pressly I would just like to comment that I’m a little bit confused and surprised by this because this was heard so many times. It was at the board of public works. It’s gone through a lot of discussion. I’m just surprised that this would come up now. I’d like to ask the original maker of the law to comment and see if it affects the individuals that have been affected. Alderman Deane I don’t think the language would cause some effect. The problem I have with it is, I see no sense of urgency to reconsider to begin with. I think if we’re going to amend something like this, even though I believe this was an oversight maybe by the legal department for not adding it in there, but I think if you’re going to amend the legislation then you could do as Alderman Sheehan has done to another piece of legislation that we passed at our last meeting and brought in a separate ordinance to repeal the work that I had done on another piece of legislation. Even though this wouldn’t be a repeal, I still think if you were going to amend this, I think the appropriate thing to do would have been to bring a ordinance in with this amendment added to it so that those that maybe effected or those that may want to speak on the ordinance would have an opportunity to do so. Because as of right now, they don’t. Alderman Pressly I appreciate that, and I usually do support the ability for people to speak to it. However, I do believe it was an error, and I do believe it would be fine for us to make the change tonight. Thank you. MOTION CARRIED MOTION BY ALDERMAN CLEMONS FOR FINAL PASSAGE OF O-10-28 AS AMENDED MOTION CARRIED Ordinance O-10-28 declared duly adopted as amended. Bd. of Aldermen – 10/12/10 Page 10 NEW BUSINESS – RESOLUTIONS R-10-64 Endorsers: Mayor Donnalee Lozeau Alderman Michael J. Tabacsko Alderman Mary Ann Melizzi-Golja Alderman-at-Large Brian S. McCarthy Alderman Jeffrey T. Cox Alderman Diane Sheehan Alderman-at-Large Ben Clemons Alderman Arthur T. Craffey, Jr. Alderman-at-Large Lori Wilshire Alderman-at-Large Barbara Pressly AUTHORIZING THE MAYOR TO ESTABLISH AN INTERNATIONAL DESIGN COMPETITION TO GENERATE NEW IDEAS FOR THE NASHUA MILLYARD AND THE SECTION OF THE BROAD STREET PARKWAY FROM LEDGE AND CENTRAL STREETS TO THE BOILER HOUSE Given its first reading; assigned to the PLANNING & ECONOMIC DEVELOPMENT COMMITTEE by President McCarthy R-10-65 Endorsers: Alderman Kathy Vitale Alderman-at-Large Lori Wilshire Alderman Michael J. Tabacsko Alderman-at-Large Brian S. McCarthy Alderman-at-Large Ben Clemons Alderman Arthur T. Craffey, Jr. Alderman-at-Large Barbara Pressly Alderman Mary Ann Melizzi-Golja Alderman Jeffrey T. Cox Alderman Diane Sheehan AUTHORIZING THE ACQUISITION OF APPROXIMATELY 40.34 ACRES OF LAND AND IMPROVEMENTS THEREON AT 11 - 13 GROTON ROAD FOR THE PURCHASE PRICE OF TWELVE THOUSAND SEVEN HUNDRED DOLLARS ($12,700) PER ACRE; AUTHORIZING THE ACQUISITION OF AN EASEMENT APPROXIMATELY 884 FEET IN LENGTH ALONG THE NORTHERLY SIDE OF GROTON ROAD FOR THE PURPOSE OF A BICYCLE/PEDESTRIAN TRAIL AND UTILITY EASEMENT; AUTHORIZING THE CONVEYANCE OF A CONSERVATION EASEMENT UPON CERTAIN LANDS OWNED OR TO BE OWNED BY THE CITY ON SAID 40.34 ACRES TO THE SOCIETY FOR THE PROTECTION OF NEW HAMPSHIRE FORESTS; AND AUTHORIZING THE PAYMENT OF TEN THOUSAND DOLLARS ($10,000) TO THE SOCIETY FOR THE PROTECTION OF NEW HAMPSHIRE FORESTS FOR A STEWARDSHIP ENDOWMENT FOR MAINTAINING THE CONSERVATION EASEMENT Given its first reading; assigned to the PLANNING & ECONOMIC DEVELOPMENT COMMITTEE and the NASHUA CITY PLANNING BOARD by President McCarthy Alderman Deane What’s the funding mechanism for this? Do you know off the top of your head? Bd. of Aldermen – 10/12/10 Page 11 President McCarthy I do not know off the top of my head. I believe it’s from the conservation fund. Alderman Tabacsko I thought it said so. Alderman Pressly Yes, it does. R-10-66 Endorser: Alderman Diane Sheehan RELATIVE TO THE TRANSFER OF $92,000 FROM ACCOUNT 591-86005 “FY2011 GENERAL CONTINGENCY” INTO ACCOUNT 577-11 “CODE ENFORCEMENT, PAYROLL – FULL TIME” Given its first reading; assigned to the BUDGET REVIEW COMMITTEE by President McCarthy R-10-67 Endorser: Alderman Diane Sheehan CHANGING THE NAME OF THE BROAD STREET PARKWAY UPON COMPLETION TO THE MILLYARD TECHNOLOGY PARKWAY Given its first reading; assigned to the COMMITTEE ON INFRASTRUCTURE and the NASHUA FIRE CHIEF by President McCarthy R-10-68 Endorser: Alderman Diane Sheehan NAMING THE NEW CITY PARK ON PINE STREET “LABINE PARK” Given its first reading; assigned to the COMMITTEE ON INFRASTRUCTURE and the BOARD OF PUBLIC WORKS by President McCarthy R-10-69 Endorser: Alderman-at-Large Barbara Pressly Alderman Richard P. Flynn REQUESTING THE CITY PREPARE AND ISSUE A REQUEST FOR PROPOSALS TO COMPLETE OR REPLACE THE GREELEY PARK BANDSHELL Given its first reading; assigned to the COMMITTEE ON INFRASTRUCTURE by President McCarthy NEW BUSINESS – ORDINANCES O-10-37 Endorser: Alderman-at-Large David W. Deane NARROWING THE REASONS THAT PERMIT AN IMMEDIATE CONTRACT AWARD Given its first reading; assigned to the PERSONNEL/ADMINISTRATIVE AFFAIRS COMMITTEE by President McCarthy Bd. of Aldermen – 10/12/10 Page 12 O-10-38 Endorser: Alderman Diane Sheehan REPEALING THE TWO-HOUR PARKING TIME LIMIT ZONE ON THE NORTH SIDE OF AUBURN STREET Given its first reading; assigned to the COMMITTEE ON INFRASTRUCTURE by President McCarthy PERIOD FOR GENERAL PUBLIC COMMENT James Cutler, 86 Palm Street, Nashua. I have an open letter to Alderman-at-Large McCarthy. Dear Alderman McCarthy, On January 12 and April 13 of this year, I gave you the statutes and papers to prove without doubt the city had made errors to cause our neighbors to take a three-foot wide strip of our driveway and clothesline area. You said if anyone wants to take up our cause, they are welcome. And, our Ward 4 Alderman Craffey has said he will. But he does not need to make an effort since you, Counsel McNamee, Mayor Lozeau, our public servants, see enclosed. And what I have is a public servants code of conduct. A public servant is someone who holds a government position, either by election or by appointment. When you hold public office, you should understand that there are certain expectations that you will be required to uphold. In the US a general code of ethics adopted on July 11, 1958, should be adhered to by all government employees and public servants. Country. All public servants should devote loyalty to the highest moral, principles and to their country above other citizens, personal, political affiliation or current department/position. According to the code of ethics for government service. And, constitutional law. And other laws of the United States must be consistently upheld reports a code of ethics for government service. I brought along something else here too. A private dispute between neighbors of a property line is resolved in court. A public dispute is when a city or town approves building permits, 1950, 1971, 48 Palm Street, in error that shows the clothesline area in violation of RSA 641:3(d), Unsworn Falsification. A property line does not agree with the property deed and only needs to be corrected by the city or town. RSA 626:3(ii), effective ignorance on the state. Land use for a driveway, clothesline and all domestic purposes is known are curtilage. RSA 627:9. And is protected by the Fourth Amendment Bill of Rights of the US Constitution, Article 19 of the New Hampshire Constitution. Thank you for your time. Bob Burgess, 32 Bates Drive, Nashua. There’s a few things I’d like to bring up. The first one is kind of soft. For years now the city’s been collecting compost in the landfill. Years ago the residents in the city used to be able to get some of this compost for gardening and whatever. I’d be curious what’s happening with that compost as it sits today. It would be a revenue source if they probably wanted to sell some to some good gardeners in the city. The next one, the new access channel in the city, this has been in the works now for better than a year. I haven’t heard any progress on this. I’d be curious what’s taking place with this. I think the residents would like to know on both of these issues. I think it would be something to bring in. I’d like to refer you to September 27th, the school finance committee. Mr. Donovan, let’s take a read what he says here. Basically we had the budget at $99,000 for Medicare fees that we pay for the billing which is a percent of the bill. The amount plus the portables were not in our budget. So basically the city agreed they would take three of our insurance line items and take this amount and put them in the city accounts. It goes on to talk about $99,000. I’d be curious if this went through the finance committee or the budget committee and who actually performed this and what the legality of it was. Bd. of Aldermen – 10/12/10 Page 13 The last one, I’ve been trying to get an answer since April 20th. I know this isn’t in my neighborhood but I like the legality of something. This is referring to Ordinance O-10-10, create a four-way stop sign at the intersection of Lewis Street and Monroe Street. This was drafted by City Attorney Dorothy Clarke. In the analysis it said the erection, removal and maintenance of all traffic control devices must conform to applicable state statutes and the latest edition of the manual of uniform traffic control devices. Since April I’ve tried three aldermen, we won’t mention any names. They are good alderman. The first attempt was made in April. I said could you check with the legal department since the legal department isn’t going to give any answers to the residents, the legality of this ordinance where it states it’s got to meet the manual of uniform traffic control devices. We all know sitting here tonight it didn’t meet it. The traffic committee denied this in all respects. So April came and went, June came, tried another alderman. No luck. August came. Tried an alderman-at- large, and it kind of perturbs me when somebody don’t answer my e-mails. But Alderman McCarthy, I was wondering if you or anybody here tonight, if this is a legal document, where she states, Attorney Clarke, it must conform - not shall, may, can – is this a legal document with those signs being up there as they are today when to me the word “must” is like mandatory. If it don’t conform to these manual of traffic control devices, it’s an illegal sign. I was wondering if you could get back to me, Alderman McCarthy, or maybe one of the aldermen sitting here tonight. I’d appreciate it. Like I say, two of the three aldermen at least had the courtesy to get back to me. But the third one, you know you got people running when they won’t answer you. Thank you. REMARKS BY THE MEMBERS OF THE BOARD OF ALDERMEN Alderman Cookson I wanted to start by saying this past Saturday I was able to attend the dedication of the reflection garden and labyrinth at Rotary Common with my daughter, Alexandra. It was a beautiful dedication. They did a fine job with it. It’s a beautiful labyrinth as well. I’m sure many of us are going to be able to go by and enjoy as well. It’s just absolutely gorgeous. I hope you will all take the opportunity to go and see the labyrinth at Rotary Common. Secondly, prior to this evening’s meeting, there was a presentation by the Service Advisory Committee over at Studio 99. I wanted to complement the committee for doing a wonderful job in conjunction with the economic development department. I thought they did a great job in researching and presenting all the potential solutions that would help cultivate vitality in downtown. So compliments to both the Service Advisory Committee that the mayor had put together as well as their own economic development department. Thank you. Alderman Pressly Mr. Burgess will be pleased to know that I had already planned to announce this, but I want you all to get out your calendars. On the 21st, which is a week from this Thursday, the Nashua Community Television is going to have an open house at their production studio. It’s at 9 Riverside Drive. It’s really gorgeous. I’ve been there. You’re going to be quite impressed. It is the actual physical studio. All automation and production equipment is now in. They have a green lighting system. It is currently being used for non-meeting government productions. Once public television is launched, it will also be the facility used for that. There will be staff demonstrations on how the things work, so I hope you all will plan to be there. It’s going to be Thursday, the 21st from 3:00 p.m. to 6:00 p.m. Everyone is welcome to come. I think you’re going to be quite impressed. It’s a very, very nice facility. I think you’ll all be pleased. Save the date. Bd. of Aldermen – 10/12/10 Page 14 Alderman Deane I think I have an answer for the compost. What the city did last time when they collected the compost is they used that for the six inches of cover on the face of the landfill. We didn’t have to use bonded money to go out and buy dirt. What we collected, we composted and then we used for final cover for seed. I believe, I can’t attest to the fact, but when this landfill is ready to cap, I’m sure that the compost that’s now sitting down there will also be used for the same purpose. I would tend to think that the compost that is happening over at the park department, down on the lower corner by the salt barn, I don’t see any reason why the park department couldn’t shuttle some buckets down to some of the folks that are down there that might want it. I don’t know if they’re going to get involved in tailgate sales, but I think if they were going to dump it on the gardens as requested down there, I’m sure there’s a ton of it down there. But that’s something that I guess you’d have to go through the mayor’s office to find out. I’d like to thank all the folks that came out to support the Salvation Army and Sullivan Farms and their 10-10-10 event that probably attracted around 10,000 people, I would say. It was a really good turnout. It was a nice day. I know the folks that own the farm were happy because I think they sold just about everything except the clapboards off the barn. They had a good day. It’s their biggest day of the year, and it really kind of helped them out. Thank you. Alderman Vitale I just wanted to remind the residents in Ward 1 that tomorrow if they would like to come and join me at Starbucks at 6:00 p.m., I’d be willing to answer any questions they might have or work on any concerns that the ward one residents would have. Thank you. President McCarthy There are no birthdays this month, so I suppose I’ll just offer my congratulations to the Mayor again on her 50th birthday. This could become a regular thing. Committee announcements: Alderman Clemons Personnel/Administrative Affairs this Thursday, 7 o’clock in these Chambers. Alderman Cox Committee on Infrastructure tomorrow evening in these Chambers, 7 o’clock. And the Maplewood Crime Watch group, next Tuesday, 7 o’clock at Main Dunstable Elementary School. ADJOURNMENT MOTION BY ALDERMAN LAROSE THAT THE OCTOBER 12, 2010 MEETING OF THE BOARD OF ALDERMEN BE ADJOURNED MOTION CARRIED The meeting was declared adjourned at 8:15 p.m. Attest: Paul R. Bergeron, City Clerk