Aldermen, Board of

A regular meeting of the Board of Aldermen was held Tuesday, October 26, 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 Cox led in the Pledge to the Flag. President McCarthy Before I ask the Clerk to take the roll, Alderman Wilshire is participating by telephone and under the terms of the State law that allows her to do that, she needs to explain why she can'tattend, if she can hear us, and who she is with if anyone. Alderman Wilshire Thank you. I am unable to be there for medical reasons, I am home alone, and I can hear you fine. Thank you. President McCarthy And we can hear you. The roll call was taken with 14 members of the Board of Aldermen present. Alderman Wilshire was not in attendance, but participated in the meeting via telecommunication. Alderman Melizzi-Golja arrived after the roll was taken. President McCarthy Before we begin I am going to recognize Alderman Clemons to make a motion similar to the one we made the last time people were participating by phone so that we can accept procedural motions without the roll call vote. MOTION BY ALDERMAN CLEMONS THAT THE RULES BE SO FAR SUSPENDED AS TO ALLOW FOR THE ACCEPTANCE OF PROCEDURAL ACTIONS WITHOUT OBJECTION AND TO ALLOW FOR THE INTRODUCTION OF TWO LIAISON REPORTS RECEIVED AFTER THE AGENDA WAS PREPARED A Viva Voce Roll Call was taken, which resulted as follows: Yea: Alderman Clemons, Alderman Vitale, Alderman Craffey, Alderman Deane, Alderman Pressly, Alderman LaRose, Alderman Tabacsko, Alderman Melizzi-Golja, Alderman Cox, Alderman Sheehan, Alderman Wilshire, Alderman Chasse, Alderman Flynn, Alderman Cookson, Alderman McCarthy 15 Nay: o MOTION CARRIED Her Honor Mayor Donnalee Lozeau and Corporation Counsel James M. McNamee were also in attendance. REMARKS BYTHE MAYOR Members of the Board, I would call to your attention tonight two appointments. The first being a re- appointment, Mr. Carl Andrade to the BIDA and the second being a new appointment to the Conservation Commission with Suzanne Harvey. I always enjoy the opportunity to remind the Board, or share with the Board, something they already know, which is we are certainly blessed in this community with great volunteers that are willing to serve. In addition, I know that some of you had the opportunity to hear already that we have been awarded the FRA (Federal Rail Administration) funding for our planning application that was put in for commuter rail. That is something certainly to celebrate and we are quite excited about it. It really gives us an opportunity to Bd. of Aldermen - 10/26/10 Page 2 go forward with the planning, some feasibility work, and some of the environmental impact work that needs to be done. It is really our first significant step forward in the reality of commuter rail in Nashua so I wanted to make sure that I mentioned that. As always, thank you for your kind attention tonight. RESPONSE TO REMARKS OF THE MAYOR - None RECOGNITION PERIOD - None READING MINUTES OF PREVIOUS MEETING AND PUBLIC HEARINGS There being no objection, President McCarthy declared the minutes of the Board of Aldermen meeting of October 12,2010, and the Public Hearings conducted by the Planning & Economic Development Committee on October 5, 2010 accepted and placed on file. Alderman Deane Thank you. The 1i h was our last full Board meeting? President McCarthy Correct. Alderman Deane I have a comment if you don't mind. I would like to state for the record at the last meeting when we discussed the legislation associated with placement of trash barrels and the amendments that were brought forward, I misspoke. I stated in the minutes that I believed this was an oversight maybe by the Legal Department for not adding it in there, which is the amendment that you brought forward that you had talked with or e-mailed back and forth with which I was not part of that e-mail communication with the legal department staff. I don't think there was anybody else on distribution. It was not my intent to slander or malign anybody in the legal department. It was brought to my attention after the meeting. I think the way I was approached was unprofessional, inappropriate. I have been on this planet for 54 years and I have never been called a coward. I was called a coward that night by a city employee. If anybody in this Chamber was to do that to a city employee I would support censuring them. It is wrong. I attempted to have a conversation with the individual but to no avail. I am sure the Mayor will take whatever corrective actions she sees necessary. Whether you agree or disagree with somebody, my intentions that evening were not to malign anyone. I misspoke I apologized for what I said it was incorrect. Thank you. President McCarthy Thank you Alderman Deane. There being no objection, President McCarthy declared that communications be read by title only. COMMUNICATIONS From: Dorothy Clarke, Associate Corporation Counsel Re: Application for a Discretionary Preservation Easement for a Portion of the Property at 70 Coburn Avenue Bd. of Aldermen - 10/26/10 Page 3 President McCarthy We have already accepted this communication. What we need to do is vote on the recommendation that was returned from the committee. It was my understanding that someone might want to address this and under our rules they have the right to since we are taking final action on it. Is there anyone in the audience that wishes to address this communication? MOTION BY ALDERMAN TABACSKO TO GRANT THE APPLICATION FOR A DISCRETIONARY PRESERVATION EASEMENT FOR A PORTION OF THE PROPERTY AT 70 COBURN AVENUE FOR 10 YEARS AT 75 PERCENT OF THE FULL VALUE ASSESSMENT OF SAID PORTION BY ROLL CALL ON THE QUESTION Alderman Tabacsko If I may just as a matter of information for anybody who has been following this. We heard this at the Planning & Economic Development Committee. The property is the Sullivan Farm property I think everybody is very familiar with. It is a historic barn and there is enabling legislation, which is all in the communication that we had discussed and had a public hearing on in committee, but essentially what this does is grants property tax relief at 75% which in actual dollars came out to somewhere in the $750 - $800 range. It is a rather complicated application process, it is a Very good cause in my humble opinion, and it restores a valuable rural character in that particular part of the city. This is a very good thing that the committee voted unanimously to approve at this level. I just wanted to make sure everybody understood what this is. It is not a big dollar item in the overall scheme of things. Just wanted to pass that along. President McCarthy Is there any further discussion? Alderman Pressly Thank you Mr. President. I too may have misspoke at the committee level in indicating that we believed at the time that this was the only historic farm and historic barn in the city. This has been challenged and that is wonderful. If there are more people that are actually farming their land and have barns that they thing are over 75 years, please contact me. We would love to know about you, talk with you, and honor the use of your land that way. If you in the audience have a working farm and a historic barn please contact me. Thank you. President McCarthy Is there any further discussion? A Viva Voce Roll Call was taken, which resulted as follows: Yea: Alderman Clemons, Alderman Vitale, Alderman Craffey, Alderman Deane, Alderman Pressly, Alderman LaRose, Alderman Tabacsko, Alderman Melizzi-Golja, Alderman Cox, Alderman Sheehan, Alderman Wilshire, Alderman Chasse, Alderman Flynn, Alderman Cookson, Alderman McCarthy 15 Nay: o MOTION CARRIED Bd. of Aldermen - 10/26/10 Page 4 PERIOD FOR PUBLIC COMMENT RELATIVE TO ITEMS EXPECTED TO BE ACTED UPON THIS EVENING James Vayo! 3 Arlington Street I came out to give my support for R-1 0-64, which is in regard to the design competition for the Nashua Millyard. I just want to make a brief comment saying that I think this is a really great idea and a great way to engage design professionals and the public at large. I would like to offer for reference the New Hampshire Office of Energy and Planning Smart Growth Principles and ask that maybe the committee, and I can take this to the committee separately, but the committee consider it as part of the considerations for the competition at large. I just think it is a great opportunity to have discussion about what is appropriate growth for the City of Nashua. I will give these to the appropriate person. That is all I have for comments. Timothy Nickerson, 1 Clocktower Place Here to speak about as well R-10-64. At the committee level I discussed fairly extensively the kind of basis tenants of it, and wanted to express my appreciation to the five Aldermen-at-large that I have been able to contact regarding this as well as all of the Ward Aldermen regarding it as well and for their support Qn this. Without going into all of the mechanics of the design competition, which I think were really quite well addressed, there are really some simply basic advantages to doing this. This urban design competition for the millyard really highlights, and this is just one tool in the bag of tricks to be able to develop the millyard and be able to get some really great ideas and some new life into the millyard especially with economic development. It really provides the city a great opportunity to open this up to a greater audience and a greater range of thought as to what can really be done with the millyard considering the introduction of the Broad Street Parkway. It is a great opportunity once again for free of charge advice with a public/private partnership. Once again the legislation really does not require the city to construct anything, we are not beholden to anything, it is a great way to get some free advice and really challenge some of the designers throughout the world to be able to create some great ideas for what we can do. I really hope that you support this this evening. Thank you. Mike Gallagher, 9 Old Coach Road I am here to speak primarily in regard to R-10-65. As a member of the Conservation Commission, I heard from Commissioner Maclaughlin that his presentation along with the Society for the Protection of New Hampshire Forests was very well received, and received the approval of the Planning & Economic Development Committee. I was at the Planning Board meeting where it was well received and approved as well. Based on the number of sponsors, which I think is fantastic, I would encourage you to support it. Also in regard to R-10-62, the three-year agreement with the Society for the Protection of New Hampshire Forests, in my short period of time working with them I have been thoroughly impressed with the passion, the knowledge, and commitment that they have. I would suggest your support of that as well. Thank you very much. PETITIONS - None NOMINATIONS, APPOINTMENTS AND ELECTIONS - None Bd. of Aldermen - 10/26/10 Page 5 REPORTS OF COMMITTEE Finance Committee '" . 10/20/10 There being no objection, President McCarthy declared the report of the October 20, 2010 Finance Committee accepted and placed on file. Committee on Infrastructure . 10/13/10 There being no objection, President McCarthy declared the report of the October 13, 2010 Committee on Infrastructure accepted and placed on file. Pennichuck Water Special Committee .. 10/12/10 There being no objection, President McCarthy declared the report of the October 12, 2010 Pennichuck Water Special Committee accepted and placed on file. Pennichuck Water Special Committee . 10/18/10 There being no objection, President McCarthy declared the report of the October 18, 2010 Pennichuck Water Special Committee accepted and placed on file. Pennichuck Water Special Committee . 10/20/10 There being no objection, President McCarthy declared the report of the October 20, 2010 Pennichuck Water Special Committee accepted and placed on file. Personnel/Administrative Affairs Committee . 10/14/10 There being no objection, President McCarthy declared the report of the October 14, 2010 Personnel/Administrative Affairs Committee accepted and placed on file. Planning & Economic Development Committee . 10/05/10 There being no objection, President McCarthy declared the report of the October 5, 2010 Planning & Economic Development Committee accepted and placed on file. Planning & Economic Development Committee . 10/19/10 There being no objection, President McCarthy declared the report of the October 19, 2010 Planning & Economic Development Committee accepted and placed on file. WRITTEN REPORTS FROM LIAISONS Board of Police Commissioners .. 10/20/10 There being no objection, President McCarthy declared the liaison report of the October 20,2010 Board of Police Commissioners accepted and placed on file. Board of Public Works '" . 10/18/10 There being no objection, President McCarthy declared the liaison report of the October 18, 2010 Board of Public Works accepted and placed on file. Bd. of Aldermen - 10/26/10 Page 6 Alderman Deane Everybody got a copy of the agenda. Everything on the agenda that you see here was approved except for the grievance that was item, #5. That was not approved. Just so there is no misunderstanding, I did not generate this director's report, this was done by staff. It is submitted once a month. It is very nice and very informational, covers a lot of different items that all of the different departments within the division are working on. I thought it wo'uld be helpful for everybody to get a copy of that, and I will make sure that everyone gets a copy along with the agenda. What I will do next time is amend the agenda to reflect the actions that were taken by the Board of Public Works~ Thank you. Child Care Advisory Commission . 10/14/10 There being no objection, President McCarthy declared the liaison report of the October 14, 2010 Child Care Advisory Commission accepted and placed on file. Review and Comment Commission . 10/21/10 There being no objection, President McCarthy declared the liaison report of the October 21, 2010 Review and Comment Commission accepted and placed on file. Hunt Trustees/Architect Meeting ,. 10/13/10 There being no objection, President McCarthy declared the liaison report of the October 13, 2010 Hunt Trustees/ Architect meeting accepted and placed on file. Planning Board . 10/21/10 There being no objection, President McCarthy declared the liaison report of the October 21, 2010 Planning Board accepted and placed on file. Alderman Tabacsko Just a procedural question; would it be appropriate to have you assign that Liaison Report from the Planning Board to the Planning & Economic Development Committee because it affects legislation that is subject to a public hearing that is upcoming. I think it should be reflected at that public hearing. The Liaison Report of the Planning Board meeting of October 21, 2010 assigned to the PLANNING & ECONOMIC DEVELOPMENT COMMITTEE by President McCarthy CONFIRMATION OF MAYOR'S APPOINTMENTS Business & Industrial Development Authority MOTION BY ALDERMAN CLEMONS TO CONFIRM BY ROLL CALL THE REAPPOINTMENT OF CARL ANDRADE, 10 CLYDESDALE CIRCLE, NASHUA, TO THE BUSINESS & INDUSTRIAL DEVELOPMENT AUTHORITY FOR A TERM TO EXPIRE SEPTEMBER 13, 2013 Bd. of Aldermen - 10/26/10 Page 7 A Viva Voce Roll Call vote was taken which resulted as follows: Yea: Alderman Clemons, Alderman Vitale, Alderman Craffey, Alderman Deane, Alderman Pressly, Alderman LaRose, Alderman Tabacsko, Alderman Melizzi-Golja, Alderman Cox, Alderman Sheehan, Alderman Wilshire, Alderman Chasse, Alderman Flynn, Alderman Cookson, Alderman McCarthy 15 Nay: o MOTION CARRIED President McCarthy declared Carl Andrade duly appointed to the Business & Industrial Development Authority for a term to expire September 13, 2013. Conservation Commission MOTION BY ALDERMAN CRAFFEY TO CONFIRM BY ROLL CALL THE APPOINTMENT OF SUZANNE HARVEY, 8 CRAWFORD LANE, NASHUA, AS AN ALTERNATE MEMBER TO THE CONSERVATION COMMISSION FOR A TERM TO EXPIRE DECEMBER 31,2013 A Viva Voce Roll Call vote was taken which resulted as follows: Yea: Alderman Clemons, Alderman Vitale, Alderman Craffey, Alderman Deane, Alderman Pressly, Alderman LaRose, Alderman Tabacsko, Alderman Melizzi-Golja, Alderman Cox, Alderman Sheehan, Alderman Wilshire, Alderman Chasse, Alderman Flynn, Alderman Cookson, Alderman McCarthy 15 Nay: o MOTION CARRIED President McCarthy declared Suzanne Harvey duly appointed to the Conservation Commission for a term to expire December 31,2013. Oath of Office administered by Corporation Counsel. UNFINISHED BUSINESS - RESOLUTIONS MOTION BY ALDERMAN CRAFFEY TO TAKE FROM THE TABLE R-10-62 BY ROLL CALL A Viva Voce Roll Call vote was taken which resulted as follows: Yea: Alderman Clemons, Alderman Vitale, Alderman Craffey, Alderman Deane, Alderman Pressly, Alderman LaRose, Alderman Tabacsko, Alderman Melizzi-Golja, Alderman Cox, Alderman Sheehan, Alderman Wilshire, Alderman Chasse, Alderman Flynn, Alderman Cookson, Alderman McCarthy 15 Nay: o MOTION CARRIED Bd. of Aldermen - 10/26/10 Page 8 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" MOTION BY ALDERMAN CRAFFEY FOR FINAL PASSAGE OF R-10-62 BY ROLL CALL President McCarthy Just to remind the board, this is a resolution that was referred by some mystery to the wrong committee. wonder if the Clerk would be so kind as to read the title. A Viva Voce Roll Call vote was taken which resulted as follows: Yea: Alderman Clemons, Alderman Vitale, Alderman Craffey, Alderman Deane, Alderman Pressly, Alderman LaRose, Alderman Tabacsko, Alderman Melizzi-Golja, Alderman Cox, Alderman Sheehan, Alderman Wilshire, Alderman Chasse, Alderman Flynn, Alderman Cookson, Alderman McCarthy 15 Nay: a MOTION CARRIED Resolution R-10-62 declared duly adopted. 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 second reading; MOTION BY ALDERMAN TABACSKO FOR FINAL PASSAGE OF R-10-64 BY ROLL CALL Bd. of Aldermen - 10/26/10 Page 9 ON THE QUESTION Alderman Craffey I just wanted to state my support for this. Given everything that is going on in the ward, this is an excellent way for the Broad Street Parkway to enter to the downtown tree street district. It is a crown jewel that I can foresee coming to beautify the area. That in conjunction with the land use at the Labine building with the park that is going to be built there, it will be a nice segway into the Tress Streets. Thank you. President McCarthy Is there any further discussion? A Viva Voce Roll Call vote was taken which resulted as follows: Yea: Alderman Clemons, Alderman Vitale, Alderman Craffey, Alderman Deane, Alderman Pressly, Alderman LaRose, Alderman Tabacsko, Alderman Melizzi-Golja, Alderman Cox, Alderman Sheehan, Alderman Wilshire, Alderman Chasse, Alderman Flynn, Alderman Cookson, Alderman McCarthy 15 Nay: o MOTION CARRIED Resolution R-10-64 declared duly adopted. 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 second reading; Bd. of Aldermen -10/26/10 Page 10 MOTION BY ALDERMAN VITALE FOR FINAL PASSAGE OF R-10-65 BY ROLL CALL ON THE QUESTION Alderman Clemons I would just like to say briefly that I think this is a wonderful piece of property that we are adding as conservation land. I think it further achieves our goal of trying to maintain some green space that we have left in Nashua. I fully support this and hope the rest of the board will as well. Alderman Tabacsko Not to repeat anything the previous speaker said, I stated my very strong support for this at committee and I just wanted to state again for the record that this piece kind of completes what started out as a pretty big jigsaw puzzle out there in the southwest. This is very very good news indeed and I encourage us to take a look at the map that goes along with this and what this means for open space. This is the kind of thing that impacts generations to come and something we should all be proud to have been a part of. Thank you. Alderman Vitale As part of bringing this to fruition I would like to thank our Conservation Commission for their work in securing this. Alderman Pressly Thank you Mr. President. This is particularly satisfying for me because it is sort of like a project coming full circle. As you know we have this conservation amount of money and it hCiS been building up over years. It was my pleasure to sponsor that at the State House when I served in the Senate there. It has really been wonderful. It has been used throughout the state. What this means is that we have money available, set aside, that was- acquired through unanticipated revenue when we lost open space. It has been in this account waiting for this appropriate purchase. I would like to thank you and I think it is really wonderful. President McCarthy Is there any further discussion? A Viva Voce Roll Call vote was taken which resulted as follows: Yea: Alderman Clemons, Alderman Vitale, Alderman Craffey, Alderman Deane, Alderman Pressly, Alderman LaRose, Alderman Tabacsko, Alderman Melizzi-Golja, Alderman Cox, Alderman Sheehan, Alderman Wilshire, Alderman Chasse, Alderman Flynn, Alderman Cookson, Alderman McCarthy 15 Nay: o MOTION CARRIED Resolution R-10-65 declared duly adopted. Bd. of Aldermen - 10/26/10 Page 11 UNFINISHED BUSINESS - ORDINANCES 0-10-33 Endorser: Alderman-at-Large David W. Deane Alderman Diane Sheehan REGARDING THE APPROVAL OF TRAFFIC CONTROL DEVICES IN SITE PLAN APPROVALS Given its second reading; MOTION BY ALDERMAN DEANE TO AMEND 0-10-33 IN ITS ENTIRETY BY REPLACING IT WITH THE GOLDEN ROD COpy PROVIDED WITH THE AGENDA BY ROLL CALL ON THE QUESTION Alderman Chasse Could the maker of the motion explain the difference between the original and the amended versions please? Alderman Deane If you look on the back of 0-10-33, you will see the underlined segment, "Pursuant to RSA 47: 17, VIII, all traffic control devices must be approved by the Board of Aldermen through legislation." Alderman Chasse Thank you. Alderman Deane You are welcome. President McCarthy Is there any further discussion of the motion to amend? A Viva Voce Roll Call vote was taken which resulted as follows: Yea: Alderman Clemons, Alderman Vitale, Alderman Craffey, Alderman Deane, Alderman Pressly, Alderman LaRose, Alderman Tabacsko, Alderman Melizzi-Golja, Alderman Cox, Alderman Sheehan, Alderman Wilshire, Alderman Chasse, Alderman Flynn, Alderman Cookson, Alderman McCarthy 15 Nay: o MOTION CARRIED MOTION BY ALDERMAN DEANE FOR FINAL PASSAGE OF 0-10-33 AS AMENDED BY ROLL CALL Bd. of Aldermen - 10/26/10 Page 12 A Viva Voce Roll Call vote was taken which resulted as follows: Yea: Alderman Clemons, Alderman Vitale, Alderman Craffey, Alderman Deane, Alderman Pressly, Alderman LaRose, Alderman Tabacsko, Alderman Melizzi-Golja, Alderman Cox, Alderman Sheehan, Alderman Wilshire, Alderman Chasse, Alderman Flynn, Alderman Cookson, Alderman McCarthy 15 Nay: o MOTION CARRIED Ordinance 0-10-33 declared duly adopted as amended. 0-10-34 Endorser: Alderman Kathy Vitale ESTABLISHING A NO PARKING ZONE ON BOTH SIDES OF PINE HILL ROAD BETWEEN PERIMETER ROAD AND UNIVERSITY DRIVE Given its second reading; MOTION BY ALDERMAN VITALE TO AMEND 0-10-34 IN ITS ENTIRETY BY REPLACING IT WITH THE GOLDEN ROD COPY PROVIDED WITH THE AGENDA BY ROLL CALL ON THE QUESTION Alderman Vitale I was just going to point out in the title it was the streets being named that was changed. President McCarthy If there is no further discussion, would the Clerk please call the roll? A Viva Voce Roll Call vote was taken which resulted as follows: Yea: Alderman Clemons, Alderman Vitale, Alderman Craffey, Alderman Deane, Alderman Pressly, Alderman LaRose, Alderman Tabacsko, Alderman Melizzi-Golja, Alderman Cox, Alderman Sheehan, Alderman Wilshire, Alderman Chasse, Alderman Flynn, Alderman Cookson, Alderman McCarthy 15 Nay: o MOTION CARRIED MOTION BY ALDERMAN VITALE FOR FINAL PASSAGE OF 0-10-34 AS AMENDED BY ROLL CALL ON THE QUESTION Alderman Cookson Thank you. I didn't have an opportunity to speak about this at committee because I wasn't in town. I have had conversations with Alderman Vitale I have had conversations with Chairman Cox regarding it, and I have had the opportunity to continue that conversation with a member of the traffic study group, is that the group that delivers the memorandum to the committee, the traffic study group? I am indifferent about this piece of legislation. I understand Alderman Vitale's purpose in being proactive. think it is good to be proactive. We're looking at 4 homes going on Pine Hill Road and we want to make Bd. of Aldermen - 10/26/10 Page 13 sure that there is no parking on either side of the road. It certainly hasn't been a problem over at least the last four years when I was the Ward 1 Alderman and probably many years before that. I don't think it will be a problem moving forward either, and that is why I say I am indifferent about it. I can see us wanting to address it before it becomes an issue, but the width of the road just doesn't allow for any parking whatsoever, and I think the issue that I have most concern about is if this is adopted it is the implementation of the notice or the signage associated with the legislation, and my. understanding is that only two signs will be erected on that span of road between University and Indian Rock and Coburn Ave. They will only be placed on one side of the road and not both sides of the road. It is just going to be an oversized sign that says no parking on both sides of the road. Again, I am indifferent about it. I don't think it will be an issue in the future. If you would like to address it with legislation that is going to result in the expenditure of about $1,000 to put up two signs I think the money would be better spent elsewhere, but that is my opinion. Alderman Vitale I would like to point out that when this sub-division was brought before the Planning Board it was one of the things that was discussed by residents of the area; their concern about the homes there and the type of traffic that they would see in front of their homes. We all know that when new homes are built the length of the driveways currently are for two cars to be outside and a turnaround. If you have any company or anything there is that problem. It was discussed during the presentation to the Planning Board and the Zoning Board and it was something that was brought up by the residents that they thought was a necessity. That was why I submitted the legislation. I think it is good. Right now you know the softball field that is part of what was Daniel Webster College there have been people that pull off the side of the road there. With the new homes being built there will be curbing there versus non-curbing that exists now so you won't be able to pull off in the same way that you would before. I would prefer that the legislation go in now so that people purchasing those homes know that restriction is in place before they purchase the home and not have something where we are getting phone calls down the road as to problems in front of their house with traffic and their cars are out there or anything else. I would prefer that goes in before versus later so the people purchasing those homes know up front. President McCarthy Is there any further discussion of the motion for final passage? A Viva Voce Roll Call vote was taken which resulted as follows: Yea: Alderman Clemons, Alderman Vitale, Alderman Craffey, Alderman Deane, Alderman Pressly, Alderman LaRose, Alderman Tabacsko, Alderman Melizzi-Golja, Alderman Cox, Alderman Sheehan, Alderman Wilshire, Alderman Chasse, Alderman Flynn, Alderman Cookson, Alderman McCarthy 15 Nay: o MOTION CARRIED Ordinance 0-10-34 declared duly adopted as amended. Bd. of Aldermen - 10/26/10 Page 14 NEW BUSINESS - RESOLUTIONS R-10-70 Endorsers: Mayor Donnalee Lozeau Alderman-at-Large Lori Wilshire Alderman Michael J. Tabacsko Alderman-at-Large Ben Clemons Alderman Mary Ann Melizzi-Golja Alderman Arthur T. Craffey, Jr. Alderman Jeffrey T. Cox Alderman Diane Sheehan Alderman Kathy Vitale RELATIVE TO THE ACCEPTANCE AND APPROPRIATION OF $90,590 FROM THE UNITED STATES DEPARTMENT OF JUSTICE INTO SPECIAL REVENUE ACCOUNT #331-6272 "2010 JUSTICE ASSISTANCE GRANT (MULTI-JURISDICTIONAL)" Given its first reading; assigned to the HUMAN AFFAIRS COMMITTEE by President McCarthy R-10-71 Endorsers: Mayor Donnalee Lozeau Alderman Michael J. Tabacsko Alderman Jeffrey T. Cox Alderman Arthur T. Craffey, Jr. RELATIVE TO THE ACCEPTANCE AND APPROPRIATION OF $350,000 FROM THE STATE OF NEW HAMPSHIRE, DEPARTMENT OF ENVIRONMENTAL SERVICES INTO CAPITAL PROJECT ACCOUNT #791-3786 "SOLID WASTE, COMPRESSED NATURAL GAS (CNG) REFUSE HAULER TRUCKS" Given its first reading; assigned to the HUMAN AFFAIRS COMMITTEE and the BOARD OF PUBLIC WORKS by President McCarthy R-10-72 Endorsers: Mayor Donnalee Lozeau Alderman Diane Sheehan Alderman Michael J. Tabacsko Alderman Mary Ann Melizzi-Golja Alderman Arthur T. Craffey, Jr. Alderman Jeffrey T. Cox Alderman-at-Large Lori Wilshire APPROVING A MULTI-YEAR AGREEMENT WITH INTEGRATED PAPER RECYCLERS, LLC FOR SINGLE STREAM RECYCLING Given its first reading; assigned to the FINANCE COMMITTEE and the BOARD OF PUBLIC WORKS by President McCarthy NEW BUSINESS - ORDINANCES - None PERIOD FOR GENERAL PUBLIC COMMENT James Cutter, 86 Palm Street Open letter to Alderman-at-Large Brian McCarthy: Dear Alderman McCarthy at the last Aldermanic meeting I reminded you of the prior dates that I gave you statutes, RSA 641:3 and RSA 626:3 with papers that prove without a doubt the city had made errors that have allowed our neighbors to take a strip of our driveway and clothesline area. Since no one needs an attorney when making out a building permit application nor do they need a college degree it is safe to say the statutes/laws are easy to understand. A friend of mine asked a couple of attorneys what they thought of all of the Aldermanic meetings I have attended and gotten Bd. of Aldermen - 10/26/10 Page 15 nowhere. Both said it was political meaning it was carried out for a reason that best serves a desired outcome rather tha~ for a reason that is morally justifiable. th On September 24 Mayor Lozeau's automobile was rear-ended and when speaking about the accident she said she called the police "as required by law". Now we can count on Mayor Lozeau's help because it is easy to see she wants everyone to follow her lead and obey the law. Since I have been coming here for over a year we ask the city to immediately inform our neighbors to remove their fence and return our land to us. Very truly yours, James B. Cutter. Thank you. REMARKS BY THE MEMBERS OF THE BOARD OF ALDERMEN Alderman Melizzi-Golja I'm going to pass out a handout that I received from the Greater Nashua Project Homeless Connect. It is a wish list for items that they would like donated for their event, which is going to be Tuesday, November 30 th . In recent communication with them one of the services they provide to individuals attending the event is a haircut, and I found out they are looking for a few people to provide haircuts. If you know of anyone please contact our welfare department. I understand that a few of the people that have provided haircuts in the past are unable to do so this year. If you would share this wish list with members of your community I know they will be grateful for any donations they receive. Thank you. Alderman LaRose Thank you Mr. President. The Hunt Memorial Building will be holding a pre-construction restoration viewing November 1yth. What they will be doing is viewing the floor plans for each room's restoration and will meet with the architect. There will be refreshments served. I believe it is at 7:00 p.m. Alderman Pressly Thank you Mr.- President. I would like to take a moment of personal privilege. My son Bob graduated from Nashua High School 5th in his class in 1982, he went onto the Navel Academy and has served for over 20 years in the Marine Corps both as active duty and in the reserves, has had two tours of duty in Iraq, and he retired from the Marine Corps Monday the 18th , and I had the privilege of going to the Pentagon for the service. It was really a very exciting event. We had a tour of the Pentagon area, were able to see the memorial place where the 9/11 tragedy occurred. It is probably one of the few memorials in the country where the actual location where people were killed is the place of the memorial. It was quite a meaningful experience. He was retired in the Hall of Heroes so I would just like to share with you, it is sort of interesting to see sometimes what happens with our kids and the quality of our school system. Thank you. Alderman Clemons Thank you. I would just like to say to anyone that is watching and those that are in the audience, next Tuesday is election day please go out and vote. It is the most important thing that we can do as citizens of this country. It is our duty to do that. It only takes 5 minutes. The polls are open from 6:00 a.m. to 8:00 p.m. Please go out and vote. Thank you. Alderman Craffey Thank you Mr. President. On October 28 th at the Amherst Street School at 6:30 p.m. is the Little Florida Crime Watch. On November 8th the Labine building land use public meeting will be held in Palm Square at 6:30 p.m. That is on West Hollis Street. The architects are bringing forward their ideas. On November 15th there will be Bd. of Aldermen - 10/26/10 Page 16 a Ward 4 Informational meeting at 7:00 p.m. at the Amherst Street School. I also want to say get out and vote please. Thank you. Alderman Sheehan Thank you. The November 2 nd Crime Watch meeting has been cancelled for French Hill, due to the election. November 3rd is the Chester Street Crime Watch meeting. Just a reminder to people who are out driving, Sunday night sometimes children dress in very dark costumes, it is Trick or Treat so just slow down between 6:00 p.m. and 8:00 p.m. and look for children darting out. President McCarthy I wanted to take a minute to thank the board for supporting the second acquisition of land from the Terrell's near Yudicky Farm. That is an issue that has been close to my heart since I was first elected a long time ago. I had actually spoken with one of the Terrell families a number of years ago. At the time we were actually adversarial parties to a lawsuit over the use of Yudicky Farm so as you can imagine at the time that conversation didn't go very far. I am glad to see that we have gotten much further with that now and gotten to the point where we preserved that substantial amount of acreage in the southwest. Committee announcements: Alderman Cox The Committee on Infrastructure will meet tomorrow evening in these Chambers at 7:00 p.m. ADJOURNMENT MOTION BY ALDERMAN COX THAT THE OCTOBER 26,2010 MEETING OF THE BOARD OF ALDERMEN BE ADJOURNED A Viva Voce Roll Call vote was taken which resulted as follQws: Yea: Alderman Clemons, Alderman Vitale, Alderman Craffey, Alderman Deane, Alderman Pressly, Alderman LaRose, Alderman Tabacsko, Alderman Melizzi-Golja, Alderman Cox, Alderman Sheehan, Alderman Wilshire, Alderman Chasse, Alderman Flynn, Alderman Cookson, Alderman McCarthy . 15 Nay: o MOTION CARRIED The meeting was declared adjourned at 8:20 p.m. Attest: Paul R. Bergeron, City Clerk TO: BOARD OF ALDEREMAN FROM: DICK LAROSE} ALDERMAN WARD TWO RE: LIAISON REPORT FOR PLANNING BOARD MEETING 10/21/10 The Plann'ing Board voted a favorable recommendation· to proposed ordinance 0--10-35 with a suggested amendment 1. 1. Restoration: In the event the subdivision approval terminates or lapses before all required subdivision improvements and utilities have been completed} the Planning Boardmay, at its discretion} use the funds available in the Financial Guarantee to restore all or any portion of the site to a natural condition. The Planning Board will not use the Financial Guarantee to restore the site if the cost to complete all required improvements and utilities would be less than the cost of performing such restoration. The Planning Board will not make any decision to use a Financial Guarantee for restoration without obtaining an estimate for the cost of both restoration and completion of all required improvements and utilities from the City Engineer or a similarly qualified consultant TO: BOARD OF ALDERMAN FROM: DICK LAROSE ALDERMAN WARD 2 RE: HUNT TRUSTEES/ARCHITECT MEETING 10-13-10 The trustees and the architect reviewed the preliminary design with a walk thru of the building, and discussed where the elevator and a new handicapped restroom will be located. We also reviewed the rooms for potential rental office space etc. The next meeting we should receive information on HVAC and electric wiring, and an update on the design. New Hampshire's Office of Energy &. Planning Smart Growth Principles Smart Growth Principles for New Hampshire can help guide developers and citizens as they work together to create development patterns more consistent with community goals and values. Take a look at the eight principles and some of the examples that illustrate why these are so important to NH! Principle #1 - Maintain traditional compact settlement patterns to efficiently use land, resources, and investments in infrastructure. Principle #2 - Foster the traditional character of New Hampshire downtowns, villages, and neighborhoods by encouraging a human scale of development that is comfortable for pedestrians and conducive to community life. Principle #3 - Incorporate a mix of uses to provide a variety of housing, employment, shopping, services, and social opportunities for all members of the community. Principle #4 - Preserve New Hampshire's working landscape by sustaining farm and forest land and other rural resource lands to maintain contiguous tracts of open land and to minimize land use conflicts. Principle #5 - Provide choices and safety in transportation to create livable, walkable communities that increase accessibility for people of all ages, whether on foot, bicycle, or in motor vehicles. Principle #6 - Protect environmental quality by minimizing impacts from human activities and planning for and maintaining natural areas that contribute to the health and quality of life of communities and people in New Hampshire. Principle #7 - Involve the community in planning and implementation to ensure that development retains and enhances the sense of place, traditions, goals, and values of the local community. Principle #8 - Manage growth locally in the New Hampshire tradition, but work with neighboring towns to achieve common goals and address common problems more effectively. More information about the NHOEP's smart growth principles is available on the web at: http:jhyyvw.nh.gov!oeg!programs!SmartGrowth!learn!SmartGrowthPrinciples.htl11  Greater Nashua Project Homeless Connect Tuesday, November 30, 2010 from 12:00pm to 4:00pm Harbor Homes, Inc. PRO'JECT H!OM LESS 45 High Street CONNECT Nashua, NH 03060 Dear Project Homeless Connect Participants, In the past Project Homeless Connect events, we have been extremely pleased with the overwhelming response of items for clients (particularly the number of winter coats). Based on this past generosity -and to diversify the items to be handed out at this year's event, we have come up with a "wish list" for your consideration when thinking of donation itenlS to collect. Donations of the following items would be greatly appreciated: tl Batteries • Flashlights • Mittens/Gloves • Hats • Scarves • Backpacks/Duffel Bags <t Winter Socks G Winter Boots lID Hand Wanners (I Thermal Underwear (Long Johns) " Small Blankets e Gasoline Gift Cards (» Store Gift Cards (to Shaw's/Market Basket, Dunkin Donuts,Walmart) 41} Haircut Vouchers Thanl( you in advance for your great generosity and continuous dedication to all the members of our cOlnmunity. Your collaboration is essential to the success of the Proj ect Homeless COilllect! Sincerely, The PRC Planning Committee