Aldermen, Board of

AGENDA MEETING OF THE BOARD OF ALDERMEN APRIL 26. 2011 1. PRESIDENT BRIAN S, MCCARTHY CALLS ASSEMBLY TO ORDER 2. PRAYER OFFERED BY CITY CLERK PAUL R. BERGERON 3. PLEDGE TO THE FLAG LED BY ALDERMAN PAUL M. CHASSE, JR. 4. ROLL CALL 5. REMARKS BY THE MAYOR 6. RESPONSE TO REMARKS OF THE MAYOR 7. RECOGNITIONS R-11-104 Endorsers: Mayor Donnalee Lozeau Board of Aldermen HONORING HOME HEALTH AND HOSPICE CARE 8. READING MINUTES OF PREVIOUS MEETING Board of Aldermen 04/12/11 9. COMMUNICATIONS From: David and Francine Ryan, Mohawk Properties, Inc. Re: Ordinance 0-11 -67 From: A. David Pierce Re: Ordinance Proposal 0-11-67 Titled "Changing the One-Way Streets and Stop Intersections Near The Mount Pleasant Elementary School" From: Lisa Fauteux, Director of Public Works Re: Ordinance 0-11-67: Street Layout Plan From: Mayor Donnalee Lozeau Re: Contract Award for Harbor Ave Sewer Separation From: Mayor Donnalee Lozeau Re: Appointment of Deputy Corporation Counsel PERIOD FOR PUBLIC COMMENT RELATIVE TO ITEMS EXPECTED TO BE ACTED UPON THIS EVENING 10. PETITIONS 11. NOMINATIONS, APPOINTMENTS AND ELECTIONS 12. REPORTS OF COMMITTEE Finance Committee 04/06/11 Finance Committee 04/20/11 Committee on Infrastructure 04/13/11 Personnel/Administrative Affairs Committee 04/14/11 Special Personnel/Administrative Affairs Committee 04/20/11 13. WRITTEN REPORTS FROM LIAISONS Board of Public Works Commission 04/11/11 Child Care Advisory Commission.... 03/10/11 14. CONFIRMATION OF MAYOR'S APPOINTMENTS Building Code Board of Appeals Daniel D. Bergeron (Reappointment) Term to Expire: March 31,2014 27 Webster Street Nashua, NH 03064 Alvin B. Corzilius (Reappointment) Term to Expire: March 31, 2014 39 Stark Street Nashua, NH 03064 LouAnn Fornataro, Alternate (Reappointment) Term to Expire: March 31, 2014 196 Main Street Nashua, NH 03060 Erwin Ziner, Alternate (Reappointment) Term to Expire: March 31, 2014 27 Hawthorne Village Road Nashua, NH 03062 Business & Industrial Development Authority Camille Pattison (New Appointment) Term to Expire: September 31,2012 3 Farley Street Nashua, NH 03063 Capital Equipment Reserve Fund Carol Anderson (Reappointment) Term to Expire: December 31, 2012 17 Sycamore Street Hudson, NH 03051 Ethnic Awareness Committee M. Carmen Nunez (Re-Appointment) Term to Expire: December 31, 2013 2A Brewster Street Nashua, NH 03060 Nashua Arts Commission J. Christopher Williams (New Appointment) Term to Expire: April 1,2012 142 Main Street, 5th Floor Nashua, NH 03060 Bonnie K. Guerico (New Appointment) Term to Expire: April 1,2013 66 Meadow Drive Hollis, NH 03049 Charles E. Matthews (New Appointment) Term to Expire: April 1,2013 17 Shelbourne Road Nashua, NH 03063  Frank Teas (New Appointment) Term to Expire: April 1, 2013 P.O. Box 486 Nashua, NH 03061 Elizabeth "Liz" Racioppi (New Appointment) Term to Expire: April 1, 2014 15 Middle Dunstable Road Nashua, NH 03062 Eric Valliere (New Appointment) Term to Expire: April 1, 2014 6 Church Street Nashua, NH 03060 Zoning Board of Adjustment Robert Carlson (Moving from Full to Alternate Member) Term to Expire: September 11, 2011 17 Cabot Drive Nashua, NH 03064 Richard Johnson, Jr. (New Appointment) Term to Expire: September 11, 2014 12 Dunlap Drive Nashua, NH 03064 CONFIRMATION OF PRESIDENT OF THE BOARD OF ALDERMEN APPOINTMENTS Liaison to Greeley Park Bandshell Project Alderman-at-Large Barbara Pressly (New Appointment) Term to Expire: December 31, 2011 11 Orchard Avenue Nashua, NH 03060 Hunt Legacy Trustees Gillian Hinkle (New Appointment) Term to Expire: December 31, 2012 50 Catalina Lane Nashua, NH 03064 Ira F. Harris Lecture Trustees Jane Hanle-Olsson (Reappointment) Term to Expire: December 31, 2012 169 Coburn Avenue Nashua, NH 03063 Nashua Arts Commission Alderman-at-Large Mark S. Cookson (New Appointment) Term to Expire: December 31, 2011 18 Inca Drive Nashua, NH 03063 UNFINISHED BUSINESS - RESOLUTIONS R-11-97 Endorsers: Alderman-at-Large Ben Clemons Alderman Michael J. Tabacsko Alderman Diane Sheehan Alderman Mary Ann Melizzi-Golja ADOPTING THE COMMUNITY REVITALIZATION TAX RELIEF INCENTIVE PROGRAM • Planning & Economic Development Committee Recommends: Final Passage as Amended R-11-101 Endorsers: Mayor Donnalee Lozeau Alderman-at-Large Ben Clemons Alderman Kathy Vitale Alderman Arthur T. Craffey, Jr. Alderman-at-Large Barbara Pressly Alderman Richard LaRose Alderman Michael J. Tabacsko Alderman Mary Ann Melizzi-Golja Alderman-at-Large Mark S. Cookson Alderman-at-Large Brian S. McCarthy ADDING TWO ADDITIONAL PARCELS TO THE AMHERST STREET ECONOMIC REVITALIZATION ZONE • Planning & Economic Development Committee Recommends: Final Passage UNFINISHED BUSINESS - ORDINANCES 0-11-56 Endorsers: Alderman-at-Large Barbara Pressly Alderman-at-Large David W. Deane Alderman Arthur T. Craffey, Jr. Alderman Richard P. Flynn Alderman-at-Large Mark S. Cookson PROVIDING FOR AN ADVANCED LEFT TURN SIGNAL FOR TRAFFIC HEADING SOUTH ON MAIN STREET AT THE TRAFFIC SIGNAL AT MAIN STREET, KINSLEY STREET AND MEDICAL CENTER DRIVE • Committee on Infrastructure Recommends: Final Passage 0-11-61 Endorsers: Mayor Donnalee Lozeau Alderman-at-Large David W. Deane Alderman-at-Large Brian S. McCarthy Alderman Arthur T. Craffey, Jr. Alderman Mary Ann Melizzi-Golja Alderman Richard P. Flynn RELATIVE TO FINANCIAL POLICIES • Personnel/Administrative Affairs Committee Recommends: Final Passage as Amended 0-11-62 Endorsers Alderman-at-Large Barbara Pressly Alderman-at-Large David W. Deane Alderman Arthur T. Craffey, Jr. RELATIVE TO THE DISTRIBUTION OF COMMUNICATIONS TO COMMITTEES • Personnel/Administrative Affairs Committee Recommends: Indefinite Postponement 0-11-63 Endorser: Alderman-at-Large Mark S. Cookson RELATIVE TO THE RESPONSIBILITIES OF AN ALDERMANIC LIAISON • Personnel/Administrative Affairs Committee Recommends: Indefinite Postponement 0-11-64 Endorsers: Mayor Donnalee Lozeau Alderman Michael J. Tabacsko Alderman-at-Large Brian S. McCarthy Alderman Richard LaRose Alderman Kathy Vitale Alderman Jeffrey T. Cox Alderman Diane Sheehan Alderman-at-Large Ben Clemons AMENDING THE BUILDING CONSTRUCTION ORDINANCES TO ADOPT THE 2009 INTERNATIONAL EXISTING BUILDING CODE AS THE EXISTING BUILDING CODE FOR THE CITY OF NASHUA • Planning & Economic Development Committee Recommends: Final Passage 0-11-65 Endorser: Alderman Richard LaRose AUTHORIZING A STOP SIGN ON THE SOUTHEAST CORNER OF SOUTHWOOD DRIVE •WITH ITS INTERSECTION Committee WITH on Infrastructure SOUTHWOOD Recommends: FinalDRIVE Passage 0-11-66 Endorser. Alderman Diane Sheehan ESTABLISHING A 15-MINUTE PARKING ZONE ON A PORTION OF AMHERST STREET • Committee on Infrastructure Recommends: Final Passage 0-11-67 Endorsers: Mayor Donnalee Lozeau Alderman Diane Sheehan Alderman-at-Large Lori Wilshire Alderman Jeffrey T. Cox CHANGING THE ONE-WAY STREETS AND STOP INTERSECTIONS NEAR THE MOUNT PLEASANT ELEMENTARY SCHOOL • Committee on Infrastructure Recommends: Final Passage NEW BUSINESS - RESOLUTIONS R-11-105 Endorsers: Mayor Donnalee Lozeau Alderman-at-Large Lori Wilshire Alderman Richard Larose Alderman Diane Sheehan RELATIVE TO THE ACCEPTANCE AND APPROPRIATION OF UP TO $200,000 FROM THE STATE OF NEW HAMPSHIRE DEPARTMENT OF HEALTH AND HUMAN SERVICES INTO SPECIAL REVENUE ACCOUNT #378-7225 "JARC - OPERATING FY 2012" AND #378-7226 "JARC - CAPITAL FY 2012" R-11-106 Endorsers: Mayor Donnalee Lozeau Alderman-at-Large Lori Wilshire Alderman-at-Large Barbara Pressly Alderman Richard P. Flynn Alderman Diane Sheehan Alderman Mary Ann Melizzi-Golja Alderman Jeffrey T. Cox Alderman Richard LaRose Alderman Kathy Vitale RELATIVE TO THE ACCEPTANCE AND APPROPRIATION OF $150,000 INTO SPECIAL REVENUE ACCOUNT #341-6135 "COMMUNITY-BASED TOBACCO PREVENTION & CONTROL GRANT" FROM THE STATE OF NEW HAMPSHIRE DEPARTMENT OF HEALTH & HUMAN SERVICES R-11-107 Endorser:Mayor Donnalee Lozeau Alderman-at-Large Brian S. McCarthy RELATIVE TO THE TRANSFER OF $2,000 FROM ACCOUNT* 502-51030 "LEGAL, OUTSIDE COUNSEL SERVICES" INTO ACCOUNT* 502-11900 "LEGAL, PAYROLL ADJUSTMENTS" NEW BUSINESS - ORDINANCES 0-11-70 Endorser: Mayor Donnalee Lozeau AMENDING SEWER USE FEES RATES AND CHARGES 0-11-71 Endorser: Alderman-at-Large Brian S. McCarthy ESTABLISHING DOWTOWN PARKING ZONES AND AMENDING PARKING METER HOURS, FEES AND PENALTIES PERIOD FOR GENERAL PUBLIC COMMENT REMARKS BY THE MEMBERS OF THE BOARD OF ALDERMEN Committee announcements: ADJOURNMENT April 13,2011 Mohawk Properties, Inc. 64 Courtland St. Nashua, NH 03064 Alderman Jeffrey Cox, Chairman Infrastructure Committee and Board Members, Our Corporation owns the five family property located at 10 Abbott St. We are opposed to the City ordinance O-l 1-67 part of which changes a portion of Abbott St beginning at French St. northerly to Mt. Pleasant St. to a one way street. Clockwise traffic flow is already in place around the school with French St. one way westerly and Mt Pleasant St. one way easterly. Having Abbott St. one way northerlyfromFrench St. to Mt. Pleasant St would reward the parents of students who continuously break the law by illegally parking on the east side of Abbott St. as well as the sidewalks. A better solution might be to have Abbott St. one way northerly for approximately one hour in the morning and one hour in the afternoon Monday through Friday during the school year. This would allow the lower section of Abbott St. to become accessible for a majority of the time. Restricted access to our apartment building would have a negative effect not only to our tenants but to our neighbors as well. David and Francine Ryan Mohawk Properties, Inc. 64 Courtland St. Nashua NH 03064  >' yOi4(Z Copy < ~TtfQMK you J QUZ Lt>v£ftibfGr JL£T7£K April 17,2011 Subject: Ordinance Proposal 0-11-67 Titled "Changing the One-Way Streets and Stop Intersections Near the Mt. Pleasant Elementary School" To: Nashua Board of Aldermen My name is A. David Pierce and I reside at 13 Manchester Street. I respectfully request that the impacts of the changes proposed in the subject proposal be more completely evaluated prior to implementation and funds expenditure. It is my belief that review of this proposal has been incomplete in considering its following aspects: A. The changes are unnecessary due to incompatibility with the school district policy of walking distance being less than one mile from the school. This school has been claimed to be a neighborhood walk-to school. Such a school should have the majority of students walking as the distance is incompatible with motor transport. According to Superintendent Conrad, the total number of students is 325. The number who are driven to school and picked up by their parents each day is 171. He also mentioned that 55 students that take a bus. The remaining 99 are walkers. Walkers constitute 30 percent. It is clear that the issue of concern has been caused not by the two decades of existing traffic direction. [By way of comparison, approximately 300 students attend Amherst St School. There are 81 student transported in two buses primarily from Clock Tower Mill complex. There are 220 students who walk to Amherst St school. Walking students constitute 73 percent. Why is that?] B. This proposal puts walking students at further risk, particularly during winter. Mt Pleasant St. slopes uphill going from Manchester St. east to Concord St. Presently, walking students taking the Mt Pleasant St. path are not substantially threatened by the nature of the westerly traffic flow as it connects to Manchester St. Further walking risk discourages the desired walk-to school district policy. C. City plows cannot operate on sidewalks more narrow than 5 feet wide. The sidewalks along Mt Pleasant Street from Manchester to Concord St are only 4 feet wide and the city rarely expends the effort to manually clear it using a bucket loader. The street plows mound the snow along and over the sidewalks leaving students the only option to walk up the street. Mt Pleasant St. is only 20 feet wide. With parents having picked up their student and attempting to drive uphill on snow bank-narrowed Mt Pleasant St., walking students will be at risk on icy streets. D. Mt Pleasant St. egress onto Concord St. will result in more Concord St. contention. It is common knowledge that Concord St. has heavy Hudson or Merrimack-bound through- commuters. While crossing guards do a great job protecting children from commuters at school crosswalks, thè additional flow disruption of Mt Pleasant St egress onto Concord St. will add yet another pedestrian-threatening dynamic. The excessive number of students motor transported to this neighborhood school is the root of the present traffic issue. Additionally, this has given rise to parking problems. To encourage further parents driving students by reversing the one-way system to conjoin a major heavily- travelled traffic artery (Concord St) is an invitation to exacerbate traffic and safety problems. I believe a traffic analysis is in order since the substantially increased traffic along Mt Pleasant St from Manchester St to Concord St. from this proposed change is a threat to walking students. I request that 0-11-67 be referred once again to the Committee on Infrastructure for a completion of analysis of impacts on traffic and safety before the Board of Aldermen consider passing this ordinance change. The analysis means prescribed in various Nashua Ordinances is to observe the "Guidelines for the Preparation of Traffic Impact Reports and Traffic Management Plans". At this present time concerning this issue, no traffic study or analysis has been performed by the Nashua Regional Planning Commission (NRPC) or Board of Public Works or Nashua Street Department. Sincerely, A. David Pierce  City of Nashua Division of Public Works Engineering Department 9 Riverside Street Telephone (603) 589-3120 Nashua, NH 03062 Fax (603) 589-3169 Memorandum April 22,2011 To: Alderman Cox, Chair of Infrastructure Committee Board of Aldermen From: Lisa Fauteux, Director of Public Works Stephen Dookran, P.E., Engineering Department Cc: Mayor Donnalee Lozeau Re: Ordinance O-l 1-67: Street Layout Plan Attached is a plan showing the following changes in the pavement striping and signing on the streets in the vicinity of Mt. Pleasant St School in support of O-l 1-67: French St from Manchester St to Abbott St - This will continue as 1-way in westerly direction. Existing parking on the north side of the street will be striped for 15 spaces with dimensions typical for parallel parking with the goal of optimizing the useable space. Abbott St from French St to Mt. Pleasant St - Currently is a 2-way with parking allowed on the west side of the street. The pavement width between the curbed sidewalks is 27.2 ft. With 8 ft for parking, the 19.2 ft left for travel does not work well for 2-direction traveling when vehicles stop to drop off/pick up students. Proposed changes include a one-way 10.2 ft travel lane northbound and a 9 ft parent drop off/pick-up lane on the school side leaving 8 ft on the residential side for 10 parking spaces. South-bound traffic traditionally using this portion of Abbott St would continue on Merrimack St, turn left on French St and then turn right on Abbott St again. Manchester St. between French St and Abbot St Striping will be delineated with paint to formalize the existing parking spaces. Mt. Pleasant St between Manchester St and Concord St - The current one-way travel to the west will be reversed to reduce the conflicts that exist on Manchester St with opposing one way approaches. Consequently, the stop sign on the Manchester St approach will be removed and one added to the Concord St approach. Allowed parking will continue on the north side of the street. Mt. Pleasant St from Abbott St to Manchester St - This will continue as 1-way in the easterly direction. Existing parking on both sides of the street will be striped for 21 spaces to optimize the useable space and to avoid blocking driveways. Administration Street City Parks-Recreation Solid Waste Traffic Wastewater Business Office Department Engineer Department Department Department Treatment PJant (603)589-3140 (603)589-4750 (603)589-3120 (603)589-3370 (603)589-3410 (603)589-4700 (603)589-3560  - S W t a l e e 1£osleoa Mayor To: Board of Aldermen Re: Contract Award for Harbor Ave Sewer Separation I am requesting the Board of Aldermen's concurrence and approval for the award of the Harbor Avenue Sewer Separation contract in the amount of $4,936,751 to DeFelice Corporation, pursuant to NRO § 5-90 (E). This award was approved by the Board of Public Works on April 11,2011 and by the Finance Committee during the April 20,2011 meeting. I am also requesting that the provision of NRO § 5-90 (F) regarding the reconsideration period be waived due to the need to begin this phase of the project to meet the requirements of the Consent Decree. Attached please find Purchasing Manager's Memo #11-110 regarding this project. 229 Main Street • PO Box 2019 • Nashua, NH 03061-2019 603.5893260 • fax 603.594.3450 • NashuaMayor@NashuaNH.gov  City of Nashua Central Purchasing 229 Main Street Nashua NH 03060 603-589-3330 Fax: 603-589-3344 April 11. 2011 Memo #11-110 TO: MAYOR LOZEAU FINANCE COMMITTEE SUBJECT* CONTRACT AWARD FOR HARBOR AVE SEWER SEPARATION PROJECT CONSTRUCTION PHASE REQUESTED BY DPW ENGINEERING (VALUE: $4,936,751) ACCOUNT: 792-01310-3748 CONSTRUCTION PHASE - HARBOR AVE SEWER ACCOUNT BALANCE REMAINING AFTER PURCHASE: $163,250 The Harbor Avenue Sewer Separation is required by the CSO Consent Decree as modified ¡n 2009 to reduce combined sewage overflows at CS0005 and to reduce the size of the disinfection facility at CS0006. The second purpose of this project is to address some combined sewer surcharge problems that have occurred in the Harbor Avenue area, a low-lying area with combined sewers. The proposed project includes the installation of approximately 10,800 feet of new storm drains and replacement of approximately 7,500 feet of sewer system on Harbor Avenue, Tyler Street, Prospect Street, Bowers Street, East Otterson Street. Pond Street, Bowery Street, Lyons Street, Harbor Court, New Street, Dearborn Street and Marshall Street. The stormwater removed from the sewers will be discharged via a new outfall to be constructed at 25 Pond Street. An easement for this drainage has been obtained and approved through R-11-89. Bids were advertised in the Nashua Telegraph on March 2nd and the Manchester Union Leader on March 3rd, and information for bidders was posted on the City's web-site under reference document IFB0378- 033111. A total of nine (9) prime contractors were present at the mandatory pre-bid conference, and eight (8) of them purchased project plans and contract documents. Four (4) bids were received and opened on March 31st with summary results shown below. Pennichuck Contractor City Portion Portion Bid Total De Felice Corporation $4,936,750.40 $1,022,471.50 ~ $5,959,221.90 Albanese Brothers, Inc. $5,160,095.00 $1,079,839.50 $6,239,934.50 R D Edmunds & Sons Ine $4,849,525.00 $1,556,239.50 $6,405,764.50 F L Merrill Construction, Inc. $5,252,830.00 $1,482,462.30 $6,735,292.30 A copy of the low bid by item is also attached. As it is in the best interest of the City to have all of the deep excavations (sewer, drain and water) performed by one contractor, bidders were required to submit bids on both the City's Sewer Separation contract and Pennichuck's water main improvements in the project area. The contract is being awarded to the bidder that is designated as the lowest responsive and responsible bidder of the total combined bid price of both contracts. It is the intent of this effort to minimize disturbances and disruptions and centralize construction activities via coordination efforts of one prime contractor. References for De Felice Corporation have been checked and found to be satisfactory. Based upon the submitted bids and available funds, we recommend awarding this contract to the low bidder De Felice Corporaton of Dracut, MA in the amount on $4.936,750.40. Contract documents including plans and specifications are available for review in the Aldermanic Office. Both our Risk Management and Legal Departments have been sent the proposed construction contract for their review, which is in the same format as past contracts they have approved. This project is being funded by a loan provided under the New Hampshire State Water Pollution Control Revolving Loan Fund (SRF) and is eligible for a 20 percent NHDES State Aid Grant Pursuant to NRO § 5-90 (E), approval by the Finance Committee of a contract award in excess of $1,000,000 shall be submitted to the full Board of Aldermen at its next regularly scheduled meeting for final approval prior to award of the contract. The City Engineer's Office. Board of Public Works (April 11, 2011 meeting) and this Office recommend awarding the contract in the amount of $4,936,751 to low bidder DeFelice Corporation, Dracut, MA. The source of funding is through account 792-01310-3748 Construction Phase - Harbor Ave Sewer Separation - Capital Improvements. Please note that 15% of the total award ($740,500) will be spent in FY11, 65% in FY12 ($3,208,901) and the remainder ($987,350) in FY13. Respectfully, Robert Gabriel Purchasing Manager Ce: J. Griffin J. Walker C. O'Connor S. Dookran  Çbonnatee Ißozeaa MAYOR To: Board of Aldermen From: Date: Re: Appointment of Deputy Corporation Counsel I am pleased to inform you that effective May 1,2011.1 am appointing Dorothy Clarke, Esq. as Deputy Corporation Counsel as allowed in NRO 5-38 A. In consultation with Corporation Counsel McNamee we recognize that Dory's responsibilities and interactions within the Legal Department are more closely described in the Position Description Form for Deputy Corporation Counsel than her current position of Assistant Corporation Counsel. As those of you who have worked with Dory know she is an invaluable member of the Legal Department and takes great pride in being thorough and accurate as she carries out her duties and responds to requests for services. Thank you for your attention to this matter and for your anticipated confirmation of this promotion for Attorney Clarke. 229 Main Street • PO Box 2019 • Nashua, NH 03061-2019 603.589.3260 -fax603.594.3450 • NashuaMayor@NashuaNH.gov