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Aldermen, Board of

Regular Meeting

Nashua, NH · June 14, 2011

AgendaMinutes

Minutes

A regular meeting of the Board of Aldermen was held Tuesday, June 14, 2011 at 7:30 p.m. in the Aldermanic Chamber. President Brian S. McCarthy presided; Deputy City Clerk Patricia Piecuch recorded. Prayer was offered by Deputy City Clerk Patricia Piecuch; Alderman-at-Large David W. Deane led in the Pledge to the Flag. The roll call was taken with 14 members of the Board of Aldermen present; Alderman Flynn was not in attendance. Her Honor Mayor Donnalee Lozeau and Corporation Counsel James M. McNamee were also in attendance. REMARKS BY THE MAYOR This evening I would call your attention to the Library contract which is on your agenda for consideration. I wanted to take a moment to thank the Library Trustees along with the Library employees who are taking the initiative to step up right away, prior to their contract expiration, and to understand the circumstances surrounding the request from the City. I think it is really quite an achievement that that contract is before us. I think that they have lead the way and their willingness to work cooperatively with us is very telling for their strength of character because almost without being asked, they were willing to consider what we were asking and, as I like to say, they understood the state of the company. I wanted to take a moment to thank them. I hope this Board will embrace and pass that contract and, as you know, we have others this week to deal with. Thank you so much for your kind attention tonight. RESPONSE TO REMARKS OF THE MAYOR RECOGNITION PERIOD – None READING MINUTES OF PREVIOUS MEETINGS MOTION BY ALDERMAN CLEMONS THAT THE MINUTES OF THE BOARD OF ALDERMEN MEETINGS OF MAY 18, MAY 24, AND MAY 31, 2011, BE ACCEPTED, PLACED ON FILE, AND THE READINGS SUSPENDED MOTION CARRIED COMMUNICATIONS MOTION BY ALDERMAN DEANE THAT ALL COMMUNICATIONS BE READ BY TITLE ONLY MOTION CARRIED From: Roger L. Houston, Planning Director and CIC Secretary Re: Capital Improvements Committee’s Recommendation on Amending the FY 2012 Capital Improvements Budget MOTION BY ALDERMAN DEANE TO ACCEPT AND PLACE ON FILE ON THE QUESTION Alderman Deane Should this not be referred to the Budget Review Committee for discussion? President McCarthy I have a note that it is actually addressed to the Budget Committee as well, correct? It will get to the Budget Committee by that mechanism as well, and it is on the agenda for June 16th. Bd. of Aldermen – 06/14/11 Page 2 Alderman Deane Yes it is, as a communication, but it is a change to the budget. President McCarthy You want to refer it to the Budget Committee as well? Alderman Deane I’d like to do that. I’d like to accept, place on file and refer to the Budget Review Committee. MOTION BY ALDERMAN DEANE TO ACCEPT, PLACE ON FILE AND REFER TO THE BUDGET REVIEW COMMITTEE MOTION CARRIED PERIOD FOR PUBLIC COMMENT RELATIVE TO ITEMS EXPECTED TO BE ACTED UPON THIS EVENING None PETITIONS The following Petitions for Street Acceptance were received and read into the record: Anthony Circle, Colonial Avenue, Evelyn Circle, Lojko Drive, Wanda Lane MOTION BY ALDERMAN COX TO ACCEPT THE PETITIONS AS READ, REFER THEM TO THE COMMITTEE ON INFRASTRUCTURE AND THAT A PUBLIC HEARING BE SCHEDULED FOR WEDNESDAY, JULY 13, 2011, AT 7:00 PM IN THE ALDERMANIC CHAMBER MOTION CARRIED NOMINATIONS, APPOINTMENTS AND ELECTIONS - None REPORTS OF COMMITTEE Budget Review Committee................................................................... 05/23/11 There being no objection, President McCarthy declared the report of the May 23, 2011 Budget Review Committee accepted and placed on file. Budget Review Committee................................................................... 05/25/11 There being no objection, President McCarthy declared the report of the May 25, 2011 Budget Review Committee accepted and placed on file. Budget Review Committee................................................................... 05/26/11 There being no objection, President McCarthy declared the report of the May 26, 2011 Budget Review Committee accepted and placed on file. Bd. of Aldermen – 06/14/11 Page 3 Budget Review Committee................................................................... 05/31/11 There being no objection, President McCarthy declared the report of the May 31, 2011 Budget Review Committee accepted and placed on file. Budget Review Committee................................................................... 06/01/11 There being no objection, President McCarthy declared the report of the June 1, 2011 Budget Review Committee accepted and placed on file. Budget Review Committee Excerpts re: R-11-112 and R-11-113........ 06/06/11 There being no objection, President McCarthy declared the excerpts of the June 6, 2011 Budget Review Committee regarding R-11-112 and R-11-113 accepted and placed on file. Budget Review Committee................................................................... 06/08/11 There being no objection, President McCarthy declared the report of the June 8, 2011 Budget Review Committee accepted and placed on file. Human Affairs Committee .................................................................... 05/23/11 There being no objection, President McCarthy declared the report of the May 23, 2011 Human Affairs Committee accepted and placed on file. Committee on Infrastructure Excerpt re: R-11-118 .............................. 06/08/11 There being no objection, President McCarthy declared the excerpts of the June 8, 2011 Committee on Infrastructure regarding R-11-118 accepted and placed on file. Pennichuck Water Special Committee ................................................. ............... 06/07/11 There being no objection, President McCarthy declared the report of the June 7, 2011 Pennichuck Water Special Committee accepted and placed on file. WRITTEN REPORTS FROM LIAISONS Nashua Arts Commission..................................................................... 06/01/2011 There being no objection, President McCarthy declared the liaison report of the June 1, 2011 Nashua Arts Commission accepted and placed on file. CONFIRMATION OF MAYOR'S APPOINTMENTS – None Bd. of Aldermen – 06/14/11 Page 4 UNFINISHED BUSINESS – RESOLUTIONS 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 Alderman-at-Large Ben Clemons Alderman Arthur T. Craffey, Jr. Alderman Michael J. Tabacsko 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 Given its second reading; MOTION BY ALDERMAN WILSHIRE FOR FINAL PASSAGE OF R-11-106 MOTION CARRIED Resolution R-11-106 declared duly adopted. Alderman Deane Are we going to act on 105? President McCarthy 105 was passed under suspension on May 24th. Alderman Deane At our last meeting, right? President McCarthy Ya, and has been removed from the agenda. Alderman Deane That was the amended agenda that Sue sent out, I think? President McCarthy Yes. Alderman Deane Thank you. Bd. of Aldermen – 06/14/11 Page 5 R-11-109 Endorsers: Mayor Donnalee Lozeau Alderman Michael J. Tabacsko AUTHORIZING THE CITY OF NASHUA TO BORROW AN AMOUNT NOT TO EXCEED FIFTEEN MILLION FOUR HUNDRED NINETY TWO THOUSAND FOUR HUNDRED AND FIFTY-THREE DOLLARS ($15,492,453) THROUGH THE STATE OF NEW HAMPSHIRE DEPARTMENT OF ENVIRONMENTAL SERVICES STATE REVOLVING LOAN FUND FOR EXPENSES RELATED TO THE STORAGE TANK FACILITY, AERATION BLOWER UPGRADE AND DEWATERING EQUIPMENT REPLACEMENT PROJECTS Given its second reading; MOTION BY ALDERMAN TABACSKO FOR FINAL PASSAGE OF R-11-109 MOTION CARRIED Resolution R-11-109 declared duly adopted. R-11-110 Endorsers: Mayor Donnalee Lozeau Alderman Michael J. Tabacsko Alderman-at-Large Ben Clemons Alderman Arthur T. Craffey, Jr. Alderman Richard LaRose Alderman Mary Ann Melizzi-Golja Alderman Jeffrey T. Cox Alderman Diane Sheehan AUTHORIZING THE TRANSFER OF $45,000 FROM ACCOUNT 374-07990-7111 “CDBG FY2011 CONTINGENCY” INTO ACCOUNT 374-07296-7111 “CDBG – PARKS AND RECREATION DEPARTMENT” Given its second reading; MOTION BY ALDERMAN CLEMONS FOR FINAL PASSAGE OF R-11-110 MOTION CARRIED Resolution R-11-110 declared duly adopted. R-11-112 Endorsers: Alderman Jeffrey T. Cox Alderman Richard LaRose Alderman Mary Ann Melizzi-Golja Alderman Diane Sheehan Alderman-at-Large Ben Clemons Alderman-at-Large Brian S. McCarthy ESTABLISHING A CAPITAL RESERVE FUND AND AN EXPENDABLE TRUST FUND FOR REGIONAL VOCATIONAL EDUCATION Given its second reading; MOTION BY ALDERMAN COX FOR FINAL PASSAGE OF R-11-112 MOTION CARRIED Resolution R-11-112 declared duly adopted. Bd. of Aldermen – 06/14/11 Page 6 R-11-113 Endorsers: Alderman Jeffrey T. Cox Alderman-at-Large Ben Clemons Alderman Richard LaRose Alderman Mary Ann Melizzi-Golja Alderman Diane Sheehan Alderman-at-Large Brian S. McCarthy ESTABLISHING AN EQUIPMENT AND INSTRUCTION PROGRAM REVOLVING FUND FOR REGIONAL VOCATIONAL EDUCATION Given its second reading; MOTION BY ALDERMAN COX FOR FINAL PASSAGE OF R-11-113 MOTION CARRIED Resolution R-11-113 declared duly adopted. R-11-118 Endorsers: Mayor Donnalee Lozeau Alderman-at-Large Barbara Pressly Alderman Arthur T. Craffey, Jr. Alderman Kathy Vitale Alderman Michael J. Tabacsko Alderman Diane Sheehan Alderman Jeffrey T. Cox Alderman Mary Ann Melizzi-Golja Alderman-at-Large Brian S. McCarthy NAMING THE PROPERTIES ACQUIRED BY THE CITY AT 11-13 GROTON ROAD AND 35 GROTON ROAD FROM RITA M. TERRELL AND ALBERT W. TERRELL “TERRELL HOMESTEAD CONSERVATION AREA” Given its second reading; MOTION BY ALDERMAN PRESSLY FOR FINAL PASSAGE OF R-11-118 MOTION CARRIED Resolution R-11-118 declared duly adopted. R-11-119 Endorsers: Alderman-At-Large Brian S. McCarthy Alderman-At-Large Ben Clemons Alderman-at-Large Lori Wilshire Alderman Diane Sheehan Alderman Jeffrey T. Cox Alderman Michael J. Tabacsko APPROVING THE COST ITEMS OF A COLLECTIVE BARGAINING AGREEMENT BETWEEN THE NASHUA PUBLIC LIBRARY BOARD OF TRUSTEES AND THE NASHUA PUBLIC LIBRARY EMPLOYEES, AFT, FPE, LOCAL #4831 FROM JULY 1, 2011 THROUGH JUNE 30, 2013 Given its second reading; MOTION BY ALDERMAN CLEMONS TO AMEND R-11-119 BY REPLACING ARTICLE 38 WITH THE GOLDEN ROD VERSION PROVIDED WITH THE AGENDA Bd. of Aldermen – 06/14/11 Page 7 ON THE QUESTION Alderman Clemons During the discussion at the committee, one of the alderman noticed that there was a discrepancy in the wage increases. I believe that is what Article 38 changes, that wage discrepancy. Alderman Cookson I would further comment that the Grade 1 max in FY12, going up to the Grade 1 max in FY13, it was actually a 4.9 percent increase instead of a .5 percent increase. The arithmetic was incorrect. Now the value of Grade 1 max of $27,197 is the correct value. That was the change that was made on Schedule B. MOTION C ARRIED MOTION BY ALDERMAN CLEMONS FOR FINAL PASSAGE OF R-11-119 AS AMENDED ON THE QUESTION Alderman Cookson I just wanted to say in committee I did not support the contract, and it was because of the arithmetic error that was in Schedule B of Article 38, Wages. Now that that is corrected, I am happy to support this contract. Alderman Deane I’ll also note that, not unanimously, but the Budget Committee did vote to reconsider and we did make the amendments and had some discussion on the error that had been made and sent it forward with that amendment with, I believe, unanimous support of the committee, itself. Thank you. Alderman Pressly I would just like to follow up with what the Mayor said. I think the library has led the way. I think it is really great, and they should be commended for this. Thank you. MOTION CARRIED Resolution R-11-119 declared duly adopted as amended. R-11-120 Endorser: Mayor Donnalee Lozeau AUTHORIZING THE MAYOR TO GIVE PRIOR WRITTEN CONSENT TO PENNICHUCK EAST UTILITY, INC.’S PROPOSAL TO BORROW UP TO $400,000 FROM THE STATE REVOLVING LOAN FUND Given its second reading; MOTION BY ALDERMAN CHASSE FOR FINAL PASSAGE OF R-11-120 MOTION CARRIED Resolution R-11-120 declared duly adopted. Bd. of Aldermen – 06/14/11 Page 8 UNFINISHED BUSINESS – ORDINANCES – None NEW BUSINESS – RESOLUTIONS R-11-124 Endorsers: Mayor Donnalee Lozeau Alderman-at-Large Lori Wilshire Alderman Richard LaRose Alderman Diane Sheehan Alderman-at-Large Ben Clemons Alderman Kathy Vitale Alderman Arthur T. Craffey, Jr. Alderman Michael J. Tabacsko Alderman Mary Ann Melizzi-Golja Alderman Jeffrey T. Cox Alderman-at-Large Barbara Pressly RELATIVE TO THE ACCEPTANCE AND APPROPRIATION OF $50,593 FROM THE FEDERAL EMERGENCY MANAGEMENT AGENCY (“FEMA”) INTO ACCOUNT #792- 3783 “FEMA – HAZARD MITIGATION FUNDS” Given its first reading; assigned to the HUMAN AFFAIRS COMMITTEE by President McCarthy Alderman Chasse Last meeting, we had R-11-111, which was a background check for directors and interim officers for the Pennichuck, sent to the Personnel/Administrative Affairs Committee. Do you think, seeing background checks are going to cost money, that we should also send this to the Budget Committee? President McCarthy Sure. What was the number? Alderman Chasse R-11-111 President McCarthy R-11-111 will be referred to the BUDGET COMMITTEE. NEW BUSINESS – ORDINANCES O-11-74 Endorser: Alderman Diane Sheehan ESTABLISHING A NO PARKING ZONE ON A PORTION OF CONCORD STREET Given its first reading; assigned to the COMMITTEE ON INFRASTRUCTURE by President McCarthy O-11-75 Endorser: Alderman-at-Large Barbara Pressly RELATIVE TO THE USE OF ELECTRONIC DEVICES DURING MEETINGS Given its first reading; assigned to the PERSONNEL/ADMINISTRATIVE AFFAIRS COMMITTEE by President McCarthy Bd. of Aldermen – 06/14/11 Page 9 O-11-76 Endorsers: Alderman-at-Large Ben Clemons Alderman Michael J. Tabacsko Alderman Jeffrey T. Cox Alderman Diane Sheehan Alderman-at-Large Lori Wilshire ESTABLISHING A COMMITTEE AND FUNDING PLAN FOR DOWNTOWN IMPROVEMENTS Given its first reading; assigned to the PLANNING & ECONOMIC DEVELOPMENT COMMITTEE and the BUDGET REVIEW COMMITTEE by President McCarthy PERIOD FOR GENERAL PUBLIC COMMENT James Cutter, 86 Palm Street, Nashua. This is to Alderman McCarthy. Attorney McNamee says in his January 25, 2011 memorandum “The city cannot solve this private matter, etc.” and “the city did not create, etc.” but, he avoids the 1950 and 1971 building permits for 88 Palm Street because they prove the city building inspector is the cause approving permits with a plot plan that does not agree with deed and tax map. A restraining order has: “The defendant shall not enter the premises and curtilage where the plaintiff resides.” Curtilage has a nickname of unroofed domicile because it is considered part of the house. It is the driveway, clothesline area, or other grounds surrounding the house habitually used for domestic purposes. Curtilage has no statute of limitations because it is protected by the 4th Amendment, Bill of Rights, of the US Constitution and Article 19 of the New Hampshire Constitution. I have proven the city is responsible for our neighbors taking a three-foot wide strip of our driveway and clothesline area. Since it is protected by the law of the land, we feel no politician wants to be known as someone who does not care about the constitutional rights of their constituents. Thank you. Dave Ridley, 25 Highland Farms, Bedford. Something happened to me in Nashua that may be of interest to you. I maybe this city’s – I’m one of its 100 biggest fans. It is the most underrated city in the state among New Hampshirites. I’m always ready to defend it against any who would sully its name. But sometimes the threat to a city’s reputation comes from its own police department. One May 25th – I’m a journalist by the way, an independent journalist. On May 25th I was attempting to videotape outside the Joe Biden event at the Radisson here in Nashua. An employee of the Radisson informed me that the police department – hinted to me that the police department was pressuring them to kick me off during this event of great public interest. Some minutes later, they did ask me to leave. I did but I left a little slowly in protest. I don’t think it’s appropriate for a person to be kicked out of excerpt via the outskirts of a Joe Biden event. Before I could get to my car a Sergeant Linehan arrested me, grabbed my groin after arresting me, and hauled me off to prison for the night – jail for the night. Interrupting a journalist in the lawful performance of his duty is a serious matter, and I have concerns about this. My recommendation, if you want to do something about is, is that you watch the video. I videotaped the whole thing pretty much until he got the camera. The video can be found at ridleyreport.com which is my channel. Ridleyreport.com. The other thing you can do, if you wish, if you don’t like what you see is to reconsider your support for NPD’s generous budget. REMARKS BY THE MEMBERS OF THE BOARD OF ALDERMEN Alderman Cookson I noticed on the way into city hall this evening the flags that lined Main Street today. I wanted to say what a great way to celebrate Flag Day. It actually commemorates the adoption of the flag of the United States which happened on this day by resolution of the Second Continental Congress in 1777. So thank you for putting those flags out on Main Street. It was a beautiful way to remember Flag Day. I also wanted to thank all of the citizens who came out last night to the public hearing of the Mayor’s Fiscal Year 12 proposed budget. I thought it was good dialogue. We had quite a bit of discussion. I hope that we take up some of those questions that were raised last evening in our budget wrap-up session. I think there were some things that need to be addressed, and I hope that we do that. I believe we have at least two Bd. of Aldermen – 06/14/11 Page 10 budget review committee meetings the rest of this week, Wednesday and Thursday. Maybe we’ll get a chance to take up some of those items that were discussed last night. Finally, after this week’s budget review committee meetings, if you’re free this weekend, Nashua West Rotary is hosting their 9th Annual Rib Fest out at the Anheuser Busch plant in Merrimack. Everyone is certainly welcome to come out and join us for ribs. There are plenty of activities for children. It should be a fun event for everyone – family, children. No pets, unfortunately, but that’s taking place this weekend beginning Friday at 4:00 p.m., Friday, 4:00 p.m. – 11:00 p.m., Saturday, 11:00 a.m. – 11:00 p.m., and Sunday, 11:00 a.m. – 4:00 p.m. I hope you’ll come out and join us. All of the money that we raise at Rib Fest actually goes back into the community for scholarships, so I hope you’re able to join us this weekend. Thank you. Alderman Chasse The Nashua Postal Carriers would like to thank all the Nashua residents who donated food at the food drive. They accumulated over 23,000 pounds which was an increase of over 6,000 pounds from last year. They would also like to thank all the volunteers who work to make this drive a success. A special thanks goes out to the baseball players from Nashua North who worked a full day distributing the goods to charity organizations in the City of Nashua. On a second note, I’d like to ask all the residents of Nashua who have weekend yard sales to please remove their signs from the telephone poles when their yard sale is complete. I’m not giving you permission to put the signs up on the poles. It is illegal, but I’m not against somebody trying to make a quick buck. If your yard sale is over, please remove those signs because all they do is fall down and gives a little extra work to the workers of Nashua. Thank you. Alderman Wilshire I would just like to say that our police budget is not a generous budget. The police budget is a budget that meets the needs of the residents of the City of Nashua. I just wanted to say that for the record. Thank you. Alderman Sheehan Tomorrow at 1:00 p.m. at the Courtyard Marriott there is a blood drive at 1:00 p.m. to 3:30 p.m. if anybody is able. They are in a dire need with the message that I was given. Also between 7:00 p.m. – 9:00 p.m., there is a Ward 3 proposed changes meeting at the Amherst Street School for anyone who has any interest in finding out if they are being added to Ward 3, essentially, because no one is leaving the ward, but there is a couple of streets added going further down on Amherst Street. Alderman Melizzi-Golja This Saturday, at 1:00 p.m. at Nashua Technology Park at the auditorium at 200 Innovation Way, the Flatley Corporation will be giving an overview of the proposal for Tara Commons. They will also be giving an update on the extension of Research Drive and Innovative Way. Again that will be this Saturday, June 18th at 1:00 p.m., 200 Innovation Way in the auditorium. Also next Wednesday, June 22, at 7:00 p.m. at Immaculate Church Center in Rooms 5 and 6, there will be a meeting regarding the redistricting changes for Ward 8. Again, Wednesday, June 22, 7:00 p.m., at the Immaculate Conception Parish Center, Rooms 5 and 6. Alderman Tabacsko Thank you. I just briefly wanted to mention that this Friday evening at 7:00 p.m. at Alpine Grove there is a benefit fundraiser for Fire Commissioner Paul Garant. I think everybody probably saw the article in the paper about the time that Commissioner Garant has had with his health issues. I know I have spoken with a number Bd. of Aldermen – 06/14/11 Page 11 of the firefighters and the President of the Local, Jim Kirk. He’s got tickets but tickets are also available at the door. We found out the easiest way right now is to just show up Friday night at 7:00 p.m. Tickets are available at the door. Hopefully, the more people that show up, the better it’s going to be for the fundraiser. I encourage everybody to join in on that. Alderman Pressly I, too, take great pride in our police department. However, I am concerned with the information that we received tonight from journalist, Dave Ridley. I think we need to find out just what did happen. And the reason I think it is important , I think the State of New Hampshire is very, very lucky and fortunate to be first in the nation. We take great pride in welcoming all political figures. It does benefit the city economically. It generates extra people, extra people going to our restaurants and using our hotels. I think it is really important that we make it very clear that journalists are welcome. At first start, I don’t know who we should ask to do this, maybe Alderman Wilshire. I believe you’re the liaison. Are you the liaison to the police department. Alderman Wilshire I am but I don’t delve into police matters. When it comes to arrests, I don’t get into that, Alderman Pressly. Alderman Pressly Well, what I’d like to know is what is their policy when there is an event taking place? I’ve always assumed that people can stand outside. They hold signs as a rule, and that a journalist and anyone is welcome to take pictures. If that has changed could you at least find out what the police policy is for political events. President McCarthy I think it would be appropriate if you want an answer from the department for that that you contact the chief. Alderman Pressly I didn’t hear you. President McCarthy I said I think it would be appropriate if you want the answer to that question that you contact the chief and ask for it. Alderman Pressly I’ll be happy to do that then on behalf on the Board. I think we need to clarify what the policy is. Alderman Tabacsko Point , Mr. President Alderman Pressly Oh, for myself, not the Board. Sorry. Alderman Tabacsko Thank you. I’m not interested in chief’s response. Bd. of Aldermen – 06/14/11 Page 12 Alderman Pressly Well, I am. And I think the citizens of Nashua would be interested too. What the policy is on what are the rules when you’re having an event with a national political figure. Thank you. President McCarthy The event is on private property. Rules are up to the owner of the property. Alderman Deane I, too, noticed the abundance of flags on Main Street. It made me head to Dept. 552 and look at Line Item 69015 and noticed that it has been overspent by $77. Mr. Caggiano purchased a few more flags. You can tell. I have never seen that many lined like that. It’s an arduous task too. There’s holes in the ground that they have to blow out with a compressor. Then they put a little pipe down there and the stuff that’s in the hole normally comes straight back up at you. But it did look nice. Thank you, Mayor. Also, this week starts the City of Nashua Cal Ripken City Championship hosted by Nashua West Cal Ripken located on Ledge Street. The participants are two teams from West, two from South, two from Northwest and two from North. The games are played throughout the city for the next five to six days. It’s a lot of fun. A lot of comradery with the kids. It’s going to be interested to see who wins. I hope everybody participating the best of luck. Thank you. Alderman Craffey Certainly an interesting tournament this year. First time in a few years that Nashua North is not hosting it. It will be interesting. Next Monday, the 20th, the Ward 4 informational meeting at Ledge Street School. On Thursday, the 23rd, here in the Aldermanic Chamber is the redistricting informational meeting for Ward 4. We are picking up a few streets for those who are interested. Thank you. Alderman Vitale This Saturday, the 18th, the students at our two high schools will be graduating. I would like to say congratulations to them and it includes my son, Chris, will be graduating and moving on to college. Alderman Deane Mr. President, I would be remiss to not wish the Nashua North Varsity Baseball team the best of luck in their quest to win their division title. The game time hasn’t been set. I know they are graduating that same day. So there’s a chance anyone attending the graduation may see a lot of the seniors that are graduating in a uniform because they are playing in Manchester, unfortunately. I wish they were playing at Holman. But those games have been well attended. It’s a great team. A lot of those kids that are on that team, I have known since they were in t-ball. To see them strive in a varsity situation, being the finals, it’s a pretty good thing. Thank you. Alderman Cookson Just another side note with regard to Nashua High School North baseball, one of their graduate, Brad Zapanas, who is the starting shortstop at Boston College was just drafted by the Chicago Cubs in the 42nd round this past weekend, I believe it was. So, Congratulations to Brad Zapanas and his family. I know they’ve got a long lineage of supporting basement in Nashua. Bd. of Aldermen – 06/14/11 Page 13 President McCarthy Remarks by members of the board, round two. Alderman Chasse Seeing we’re on sports talk, go Bruins! Alderman Wilshire I just wanted to wish Nashua West the best in the Cal Ripken tournament as my grandson is on one of those teams. Good luck. Alderman Deane He may have the opportunity to play at the nicest field in the city too. Alderman Sheehan If we’re going to recognize family members graduating, I’d like to mention that Legislative Manager Susan Lovering’s son is graduating also. Congratulations. Alderman Melizzi-Golja It has nothing to do … as I was shuffling papers here, I just wanted to remind folks that the summer fun program is really kind of kicking into high gear now that we’re approaching the end of the school year. There’s a lot of free events going on. Two weeks from this Tuesday is the kick off of the team reading program at the library. I would just encourage people to check the city website. I know the calendars are posted around town for events that are available Thank you. Alderman Tabacsko What the heck, I can’t pass up round two. July 7th, is a Thursday. Conway Arena, PAL is having a first annual sportsman dinner. Writer Mike Lupika originally from Nashua, now writing for the Daily News and several other books is going to be the keynote speaker. It will be a very nice event. Tickets are, I believe, $75 or a table for eight for $500. This has been a very big season of fundraising for PAL, and I know I’ve been kind of stumping for that. And, by the way, thanks everybody. The golf tournament was a big success. I appreciate everybody’s support. This event, first annual sportsman’s dinner, is something that we’re trying and hope to make a regular event and would be looking for support. If anybody is interested in buying a table, if your company wants to buy a table, let me know. We’d really like to make this an important event for the city. It’s July 7th. Thanks. President McCarthy I wanted to comment that a few minutes ago one of our speakers said that members of this board lack respect for constitutional rights. I have to comment that I think nothing could be further from the truth. The constitutions and charters represent the grant of power from the people to the government they chose to govern them. In this particular case, this government, the city government of Nashua is not empowered to rule, determine or otherwise interfere with the workings of private property rights. With the sole exception of our eminent domain powers to take properties for public use, we don’t have the right to get involved in property disputes. That is why, on numerous occasions, more than one city attorney, more than one city administration, and at least one president of the board of aldermen, two I believe, have told that individual that his remedy is to be sought in the civil courts which are the device that is empowered by the people to make Bd. of Aldermen – 06/14/11 Page 14 those determinations, not this board. I think it would be insulting to the constitution if we were to try to out step the bounds of power on this board and assert ourselves into a civil dispute which we are not entitled to do. Secondly, I want to wish Alderman Craffey a happy belated birthday from a couple days ago. Lastly, I would be remiss not to mention and in a large amount of trouble if I didn’t send my best wishes and affections to my wife of 36 years this evening. Committee announcements: Alderman Cox – Committee on Infrastructure next Wednesday, here in these Chambers, at 7:00 p.m. On Monday is the Ward 9 redistricting meeting at the Holiday Inn in Nashua at 7:00 p.m. Alderman Wilshire- Monday, June 20th, Human Affairs, here at 7:00 p.m. Alderman Deane – Budget Review tomorrow and Thursday at the Holiday Inn. Alderman Chasse – Finance at 6:00 p.m. tomorrow night. ADJOURNMENT MOTION BY ALDERMAN LAROSE THAT THE JUNE 14, 2011 MEETING OF THE BOARD OF ALDERMEN BE ADJOURNED MOTION CARRIED The meeting was declared adjourned at 8:10 p.m. Attest: Patricia Piecuch, Deputy City Clerk

Agenda

REVISED AGENDA MEETING OF THE BOARD OF ALDERMEN JUNE 14, 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-AT-LARGE DAVID W. DEANE 4. ROLL CALL 5. REMARKS BY THE MAYOR 6. RESPONSE TO REMARKS OF THE MAYOR 7. RECOGNITIONS 8. READING MINUTES OF PREVIOUS MEETING Special Board of Aldermen .................................................................. 05/18/11 Board of Aldermen................................................................................ 05/24/11 Special Board of Aldermen ................................................................... 05/31/11 9. COMMUNICATIONS From: Roger L. Houston, Planning Director and CIC Secretary Re: Capital Improvements Committee’s Recommendation on Amending the FY 2012 Capital Improvements Budget PERIOD FOR PUBLIC COMMENT RELATIVE TO ITEMS EXPECTED TO BE ACTED UPON THIS EVENING 10. PETITIONS Petitions for Street Acceptance: Anthony Circle, Colonial Avenue, Evelyn Circle, Lojko Drive, Wanda Lane 11. NOMINATIONS, APPOINTMENTS AND ELECTIONS 12. REPORTS OF COMMITTEE Budget Review Committee ................................................................... 05/23/11 Budget Review Committee ................................................................... 05/25/11 Budget Review Committee ................................................................... 05/26/11 Budget Review Committee ................................................................... 05/31/11 Budget Review Committee ................................................................... 06/01/11 Budget Review Committee Excerpts re: R-11-112 and R-11-113 ........ 06/06/11 Budget Review Committee ................................................................... 06/08/11 Human Affairs Committee..................................................................... 05/23/11 Committee on Infrastructure Excerpt re: R-11-118............................... 06/08/11 Pennichuck Water Special Committee ................................................. 06/07/11 13. WRITTEN REPORTS FROM LIAISONS Nashua Arts Commission ..................................................................... 06/01/2011 14. CONFIRMATION OF MAYOR'S APPOINTMENTS UNFINISHED BUSINESS – RESOLUTIONS 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 Alderman-at-Large Ben Clemons Alderman Arthur T. Craffey, Jr. Alderman Michael J. Tabacsko 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 • Human Affairs Committee Recommends: Final Passage R-11-109 Endorsers: Mayor Donnalee Lozeau Alderman Michael J. Tabacsko AUTHORIZING THE CITY OF NASHUA TO BORROW AN AMOUNT NOT TO EXCEED FIFTEEN MILLION FOUR HUNDRED NINETY TWO THOUSAND FOUR HUNDRED AND FIFTY-THREE DOLLARS ($15,492,453) THROUGH THE STATE OF NEW HAMPSHIRE DEPARTMENT OF ENVIRONMENTAL SERVICES STATE REVOLVING LOAN FUND FOR EXPENSES RELATED TO THE STORAGE TANK FACILITY, AERATION BLOWER UPGRADE AND DEWATERING EQUIPMENT REPLACEMENT PROJECTS • Budget Review Committee Recommends: Final Passage R-11-110 Endorser: Mayor Donnalee Lozeau Alderman Michael J. Tabacsko Alderman-at-Large Ben Clemons Alderman Arthur T. Craffey, Jr. Alderman Richard LaRose Alderman Mary Ann Melizzi-Golja Alderman Jeffrey T. Cox Alderman Diane Sheehan AUTHORIZING THE TRANSFER OF $45,000 FROM ACCOUNT 374-07990-7111 “CDBG FY2011 CONTINGENCY” INTO ACCOUNT 374-07296-7111 “CDBG – PARKS AND RECREATION DEPARTMENT” • Human Affairs Committee Recommends: Final Passage R-11-112 Endorsers:Alderman Jeffrey T. Cox Alderman Richard LaRose Alderman Mary Ann Melizzi-Golja Alderman Diane Sheehan Alderman-at-Large Ben Clemons Alderman-at-Large Brian S. McCarthy ESTABLISHING A CAPITAL RESERVE FUND AND AN EXPENDABLE TRUST FUND FOR REGIONAL VOCATIONAL EDUCATION • Budget Review Committee Recommends: Final Passage R-11-113 Endorsers:Alderman Jeffrey T. Cox Alderman-at-Large Ben Clemons Alderman Richard LaRose Alderman Mary Ann Melizzi-Golja Alderman Diane Sheehan Alderman-at-Large Brian S. McCarthy ESTABLISHING AN EQUIPMENT AND INSTRUCTION PROGRAM REVOLVING FUND FOR REGIONAL VOCATIONAL EDUCATION • Budget Review Committee Recommends: Final Passage R-11-118 Endorsers: Mayor Donnalee Lozeau Alderman-at-Large Barbara Pressly Alderman Arthur T. Craffey, Jr. Alderman Kathy Vitale Alderman Michael J. Tabacsko Alderman Diane Sheehan Alderman Jeffrey T. Cox Alderman Mary Ann Melizzi-Golja Alderman-at-Large Brian S. McCarthy NAMING THE PROPERTIES ACQUIRED BY THE CITY AT 11-13 GROTON ROAD AND 35 GROTON ROAD FROM RITA M. TERRELL AND ALBERT W. TERRELL “TERRELL HOMESTEAD CONSERVATION AREA” • Committee on Infrastructure Recommends: Final Passage R-11-119 Endorsers: Alderman-At-Large Brian S. McCarthy Alderman-At-Large Ben Clemons Alderman-at-Large Lori Wilshire Alderman Diane Sheehan Alderman Jeffrey T. Cox Alderman Michael J. Tabacsko APPROVING THE COST ITEMS OF A COLLECTIVE BARGAINING AGREEMENT BETWEEN THE NASHUA PUBLIC LIBRARY BOARD OF TRUSTEES AND THE NASHUA PUBLIC LIBRARY EMPLOYEES, AFT, FPE, LOCAL #4831 FROM JULY 1, 2011 THROUGH JUNE 30, 2013 • Budget Review Committee Recommends: Final Passage as Amended R-11-120 Endorser: Mayor Donnalee Lozeau AUTHORIZING THE MAYOR TO GIVE PRIOR WRITTEN CONSENT TO PENNICHUCK EAST UTILITY, INC.’S PROPOSAL TO BORROW UP TO $400,000 FROM THE STATE REVOLVING LOAN FUND • Pennichuck Water Special Committee Recommends: Final Passage UNFINISHED BUSINESS – ORDINANCES – None NEW BUSINESS – RESOLUTIONS R-11-124 Endorsers: Mayor Donnalee Lozeau Alderman-at-Large Lori Wilshire Alderman Richard LaRose Alderman Diane Sheehan RELATIVE TO THE ACCEPTANCE AND APPROPRIATION OF $50,593 FROM THE FEDERAL EMERGENCY MANAGEMENT AGENCY (“FEMA”) INTO ACCOUNT #792- 3783 “FEMA – HAZARD MITIGATION FUNDS” NEW BUSINESS – ORDINANCES O-11-74 Endorser: Alderman Diane Sheehan ESTABLISHING A NO PARKING ZONE ON A PORTION OF CONCORD STREET O-11-75 Endorser: Alderman-at-Large Barbara Pressly RELATIVE TO THE USE OF ELECTRONIC DEVICES DURING MEETINGS O-11-76 Endorsers: Alderman-at-Large Ben Clemons Alderman Michael J. Tabacsko Alderman Jeffrey T. Cox ESTABLISHING A COMMITTEE AND FUNDING PLAN FOR DOWNTOWN IMPROVEMENTS PERIOD FOR GENERAL PUBLIC COMMENT REMARKS BY THE MEMBERS OF THE BOARD OF ALDERMEN Committee announcements: ADJOURNMENT
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