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Aldermen, Board of

Regular Meeting

Nashua, NH · November 17, 2011

AgendaMinutes

Minutes

A special meeting of the Board of Aldermen was held Thursday, November 17, 2011, at 7:30 p.m. in the Aldermanic Chamber. President Brian S. McCarthy presided; Legislative Manager Susan Lovering recorded. Prayer was offered by Legislative Manager Susan Lovering; Alderman Vitale led in the Pledge to the Flag. The roll call was taken with 12 members of the Board of Aldermen present; Alderman Wilshire was not in attendance. President McCarthy Alderman Wilshire has a family emergency to attend to. COMMUNICATIONS MOTION BY ALDERMAN CLEMONS THAT ALL COMMUNICATIONS BE READ BY TITLE ONLY MOTION CARRIED From: Brian S. McCarthy, President, Board of Aldermen Re: Special Board of Aldermen Meeting MOTION BY ALDERMAN CLEMONS TO ACCEPT AND PLACE ON FILE MOTION CARRIED From: Paul R. Bergeron, City Clerk Re: Record of the Returns of the Municipal General Election and the Special Election for the Board of Education held November 8, 2011 MOTION BY ALDERMAN CLEMONS TO ACCEPT AND PLACE ON FILE THE RECORD OF THE RETURNS FROM THE MUNICIPAL GENERAL ELECTION AND SPECIAL ELECTION FOR THE BOARD OF EDUCATION OF NOVEMBER 8, 2011, AS SUBMITTED BY THE CITY CLERK, EXCEPT FOR THE WARD 5 AND WARD 7 ALDERMANIC RACES; THAT THE ELECTION RESULTS FOR THE CANDIDATES NAMED THEREIN BE DECLARED FINAL AND CONCLUSIVE; AND THAT THE CANDIDATES HAVING RECEIVED THE LARGEST NUMBER OF VOTES CAST FOR THE NUMBER OF POSITIONS AVAILABLE FOR THE RESPECTIVE OFFICES, EXCEPT FOR THE WARD 5 AND WARD 7 ALDERMANIC RACES, BE DECLARED DULY ELECTED BY ROLL CALL FOR THE ENSUING TERM A Viva Voce Roll Call was taken which resulted as follows: Yea: Alderman Clemons, Alderman Vitale, Alderman Craffey, Alderman Deane, Alderman Pressly, Alderman Tabacsko, Alderman Melizzi-Golja, Alderman Cox, Alderman Sheehan, Alderman Chasse, Alderman Cookson, Alderman McCarthy 12 Nay: 0 MOTION CARRIED From: Paul R. Bergeron, City Clerk Re: Requests for a Recount of the Votes Cast in the Municipal General Election Held November 8, 2011, in the Race for Ward 5 Alderman and Ward 7 Alderman MOTION BY ALDERMAN CLEMONS TO ACCEPT, PLACE ON FILE, AND THAT A SPECIAL MEETING OF THE BOARD OF ALDERMEN BE SCHEDULED FOR MONDAY, NOVEMBER 21, 2011, AT 6:30 PM IN THE ALDERMANIC CHAMBER FOR THE PURPOSE OF CONDUCTING RECOUNTS OF THE BALLOTS CAST FOR WARD 5 AND WARD 7 ALDERMEN AT THE NOVEMBER 8, 2011 MUNICIPAL GENERAL ELECTION AND THEREAFTER DECLARE THE RESULTS OF THAT RECOUNT, WHICH DECLARATION SHALL BE DULY RECORDED BY THE CITY CLERK AND SHALL BE FINAL AND CONCLUSIVE MOTION CARRIED Special Bd. of Aldermen – 11/17/11 Page 2 From: Brian S. McCarthy, President, Board of Aldermen Re: Request for Meeting of the Aldermen-at-Large Elect MOTION BY ALDERMAN CLEMONS TO ACCEPT AND PLACE ON FILE MOTION CARRIED From: Jim Donchess, Alderman-at-Large Elect Re: Meeting to Discuss Next Term MOTION BY ALDERMAN CLEMONS TO ACCEPT AND PLACE ON FILE MOTION CARRIED UNFINISHED BUSINESS – RESOLUTIONS R-11-163 Endorsers: Alderman-at-Large Brian S. McCarthy Alderman Michael J. Tabacsko Alderman Mary Ann Melizzi-Golja Alderman Jeffrey T. Cox Alderman Diane Sheehan Alderman Kathryn D. Vitale ADDING AN ADDITIONAL SCHOOL IMPROVEMENT PROJECT TO THE SIX MILLION NINE HUNDRED AND FIFTY THOUSAND DOLLARS ($6,950,000) BONDS AUTHORIZED FOR VARIOUS SCHOOL IMPROVEMENTS BY R-10-27 Given its second reading; MOTION BY ALDERMAN TABACSKO FOR FINAL PASSAGE OF R-11-163 BY ROLL CALL ON THE QUESTION Alderman Deane Should I give an oral report? President McCarthy That would be a good idea. Alderman Deane Thank you. Prior to this meeting the Budget Review Committee met along with I believe everyone that is still present. We discussed the $150,000 that was brought in that is required to start performing the design work of the Charlotte Avenue Elementary School HVAC improvements. Alderman McCarthy stated that the rationale behind it was to get the design work done prior to the construction season starting and that way we can get a leg up on the construction project when school gets out so that things will be in motion, and hopefully completed prior to the beginning of school in the fall, God willing, but we will see what happens. That is what the money is for. Thank you Alderman McCarthy. President McCarthy Thank you. Is there any further discussion of the motion? Special Bd. of Aldermen – 11/17/11 Page 3 Alderman Cookson Thank you. Just a quick question. I understand that we received the agenda, I typically don’t like to have the discussion in one committee meeting and then have it come to the full board whether it be the same day or the next day as has been practices in the past. What is keeping this or what would keep it from being on the agenda for next Tuesday the 22nd and what is the urgency? Alderman Tabacsko It is a matter of expediency I guess in my mind. As it was mentioned in the earlier meeting, this is the $150,000 to allow the design work to be done. It was a couple of weeks ago at the Joint Special School Building Committee that we had met and made the motion contingent upon board approval. We were here and had discussed this earlier this evening so I am hoping that we can get this finalized so that that design work can continue now. The sooner the better; even a few days, even a weekend probably does make a difference. 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 Tabacsko, Alderman Melizzi-Golja, Alderman Cox, Alderman Sheehan, Alderman Chasse, Alderman Cookson, Alderman McCarthy 12 Nay: 0 MOTION CARRIED Resolution R-11-163 declared duly adopted. President McCarthy Before we adjourn I wanted to make a couple of comments. The City of Nashua lost a dear friend a week or so ago. Russell Marcoux our former Administrative Services Manager fell ill only a couple of weeks ago and passed away last week. I want to express my condolences to his family. I always considered Russ a friend. He was in city government when I was first elected, and I knew him from budget hearings and things before that. He left and went to Framingham, he went to Rhode Island, and he was a Town Manager in a couple of places in New Hampshire winding up in Bedford. I went to his memorial service yesterday and there were literally hundreds of people there, which showed, I think, the esteem in which he was held by the Town of Bedford where he currently resided and worked, and all of the other places he has lived and people he has touched. There were a number of people from Nashua that I ran into at the service. Russ will be sorely missed I think by all of those who knew him. On a much lighter note, Happy Birthday to Alderman Tabacsko. Sue has finished the discussions with all of those elected on dates for the Caucus and it appears that it will be on December 7th at this point. Special Bd. of Aldermen – 11/17/11 Page 4 Alderman Sheehan I know there are not any planned remarks, but I have one that I was asked to make by a community member that I would like to share if I may. The Fancy Friday people are having a Fancy Friday this Friday. It begins at Old Amsterdam and this Fancy Friday is to benefit the Veterans F.I.R.S.T. program, which helps prevents homelessness in veterans or people who are homeless veterans be able to become self-sustaining families again. The ticket cost is $5 and they are available at Old Amsterdam after 4:00 p.m. until about 10:00 p.m. It is kind of a progressive event that goes from different downtown places. They are online if you want to look them up. But it is this Friday and it benefits Veterans F.I.R.S.T. Thank you. Alderman Pressly My calendar says there is a Finance meeting on the 7th. Will there be an accommodation for that? President McCarthy Yes. We will work it around one way or the other. Alderman Pressly Okay. Thank you. President McCarthy That appears to be the only day for perhaps the next decade that we can get the entire board together. The first meeting in January may be a challenge. Is there anything else? ADJOURNMENT MOTION BY ALDERMAN COX THAT THE NOVEMBER 17, 2011, SPECIAL MEETING OF THE BOARD OF ALDERMEN BE ADJOURNED MOTION CARRIED The meeting was declared adjourned at 7:44 p.m. Susan Lovering Legislative Manager

Agenda

REVISED SPECIAL BOARD OF ALDERMEN NOVEMBER 17, 2011 7:30 p.m. Aldermanic Chamber PRESIDENT BRIAN S. MCCARTHY CALLS ASSEMBLY TO ORDER PRAYER OFFERED BY CITY CLERK PAUL R. BERGERON PLEDGE TO THE FLAG LED BY ALDERMAN KATHY VITALE ROLL CALL COMMUNICATIONS From: Brian S. McCarthy, President, Board of Aldermen Re: Special Board of Aldermen Meeting From: Paul R. Bergeron, City Clerk Re: Record of the Returns of the Municipal General Election and the Special Election for the Board of Education held November 8,2011 From: Paul R. Bergeron, City Clerk Re: Requests for a Recount of the Votes Cast in the Municipal General Election Held November 8,2011, in the Race forward 5 Alderman and Ward 7 Alderman From: Brian S. McCarthy, President, Board of Aldermen Re: Request for Meeting of the Aldermen-at-Large Elect From: Jim Donchess, Alderman-at-Large Elect Re: Meeting to Discuss Next Term UNFINISHED BUSINESS - RESOLUTIONS R-11-163 Endorsers: Alderman-at-Large Brian S. McCarthy Alderman Michael J. Tabacsko Alderman Mary Ann Melizzi-Golja Alderman Jeffrey T. Cox Alderman Diane Sheehan Alderman Kathryn D. Vitale ADDING AN ADDITIONAL SCHOOL IMPROVEMENT PROJECT TO THE SIX MILLION NINE HUNDRED AND FIFTY THOUSAND DOLLARS ($6,950,000) BONDS AUTHORIZED FOR VARIOUS SCHOOL IMPROVEMENTS BY R-10-27 ADJOURNMENT Board of Aldermen City of Nashua 229 Main Street / P 0 Box 2019 Nashua, NH 03061-2019 (603) 589-3030 * FAX:(603) 589-3039 November 15, 2011 Paul R. Bergeron, City Clerk City of Nashua 229 Main Street Nashua, NH 03061-2019 Dear Mr. Bergeron: Please be advised I am revising the purpose of the Special Meeting of the Board of Aldermen called for Thursday, November 17, 2011, at 7:30 p.m. in the Aldermanic Chamber to include the following: 1) Canvass the returns of the November 8, 2011 Municipal Elections; 2) Schedule a meeting, within seven days thereafter, for the purpose of conducting any requested recounts and declaring the final results of such recounts or contests; 3) Acceptance of communications regarding a request for a meeting of the Aldermen-at-Large Elect; and, 4) Allow for the second reading of Resolution R-11-163, Adding an Additional School Improvement Project to the Six Million Nine Hundred and Fifty Thousand Dollars ($6,950,000) Bonds Authorized for Various School Improvements by R-10-27. Thank you. Sincerely, President i * cc: Mayor Donnalee Lozeau James M. McNamee, Esq., Corporation Counsel City of Nashua 229 Main Street Office of the City Clerk P.O. Box 2019 Nashua, NH 03060 Paul R. Bergeron Tricia Piecuch (603)589-3010 City Clerk Deputy City Clerk Fax (603)589-3029 November 10,2011 Board of Aldermen City Hall 229 Main Street Nashua, NH 03060 To the Members of the Board of Aldermen; In accordance with Charter Section 23, please find attached the Record of the Returns of the Municipal General Election and the Special Election for the Board of Education held on November 8, 2011. The charter requires the City Clerk to "submit his record of the returns of each municipal election to the board of aldermen...and the board of aldermen shall canvass the returns and declare the result. Such declaration shall be duly recorded..." 7,613 voters turned out for the elections. The names of 44,042 Nashua residents appeared on the checklists at the polls' opening; another 99 residents registered to vote at the polls on election day. Voter turnout, therefore, was 17.2% of the registered voters. The City Clerk's Office has citywide results for the November Municipal General Elections dating back to 1937, when 10,408 voters cast ballots. The voter turnout of 7,613 is the fourth-lowest turnout for a Municipal General Election during the past 74 years. Only the November city elections of 2009 (6,961), 1985 (6,755) and 1973 (7,180) had fewer votes cast. Paul R. Bergen City Clerk Unofficial Results - Municipal Election - Nashua, NH - November 8,2011 ["] denotes winner(s) Wards 1 2 3 4 5 6 7 8 9 Total Total Ballots Cast 1135 762 959 394 971 650 814 960 968 7613 Absentee Ballots Cast 21 19 24 3 37 33 35 24 29 225 Beginning Voter Registration 5823 5007 4793 3535 5760 4463 4295 5021 5345 44042 New Voter Registration 17 5 8 9 10 8 11 20 11 99 Total Election Day Reg. 5840 5012 4801 3544 5770 4471 4306 5041 5356 44141 Turnout Percentage 19.4% 15.2% 20.0% 11.1% 16.8% 14.5% 18.9% 19.0% 18.1% 17.2% Mayor (1) "Donnalee Lozeau 909 597 756 307 771 499 650 745 769 6003 Alderman-at-Large (3) "Brian S. McCarthy 508 335 393 131 469 236 327 442 488 3329 Daniel Richardson 250 207 326 114 240 138 216 204 229 1924 Fred S. Teeboom 382 256 278 144 335 221 284 288 302 2490 Benjamin M. Clemons 464 292 367 162 404 281 293 381 447 3091 "Lori Wilshire 585 402 522 188 435 304 419 484 459 3798 \James W. Donchess 760 455 567 233 574 422 448 533 538 4530 Board of Education (5) •Robert Hallowell 675 412 506 222 519 358 431 550 552 4225 "Elizabeth Van Twuyver 650 392 474 215 481 327 386 493 515 3933 "William Mosher 629 381 479 210 552 338 431 510 544 4074 "Steven G. Haas 680 463 533 208 527 341 425 532 544 4253 "Kimberly Smith Muise 694 459 574 246 596 384 485 549 602 4589 Fire Commission (3) "Kevin E. Gage 703 455 599 237 554 408 503 525 545 4529 "Paul Garant 660 416 476 224 551 385 441 500 581 4234 "Ralph V. Kelloway, Jr. 635 399 478 212 479 349 422 459 496 3929 Public Works (2) "Kevin S. Moriarty 658 431 630 225 579 385 448 476 579 4411 Ed Stebbins 377 234 324 121 290 180 256 325 340 2447 "Timothy Lavoie 551 333 367 201 408 332 390 340 397 3319 Charter Question "YES 467 360 571 147 535 259 351 343 510 3543 NO 125 100 158 38 158 79 99 102 159 1018 City of Nashua 229 Main Street Office of the City Clerk P.O. Box 2019 Nashua, NK 03060 Paul R. Bergeron Tricla Piecuch (603)589-3010 City Clerk Deputy CitjfCjerk Fax (603)589-3029 November 10,2011 Board of Aldermen City Hall 229 Main Street Nashua, NH 03060 To the Members of the Board of Aldermen: The Office of the City Clerk has received a request from Michael Gallagher for a recount of the votes cast in the Municipal General Election held on November 8, 2011, in the race for Ward 5 Alderman. A copy of that request is attached. Under Section 26 of the City Charter, the Board of Aldermen is required to conduct the recount at a meeting held within one week after the Board canvasses the returns of the city election. I would request, therefore, that the Board of Aldermen schedule a special meeting, for that purpose, at the time it meets to canvass the returns of the November 8 th city elections. Section 26 of the City Charter also provides that candidates have until 48 hours prior to the meeting of the Board of Aldermen, at which the returns are to be canvassed, to request a recount. It is possible, therefore, that the City Clerk may receive additional requests between the time this communication was composed and the deadline to request a recount. Thank you. r « Paul R. Bergeron City Clerk 9 Old Couch Road Nashua, NK 03062 November 8,2011 In regards to: Ward 5 Recount Mr, Paul R. Bergeron 229 Main Street Nashua, NH 03060 Dear Mr. Bergeron, Per City Charter section 26 (listed below) 1 would like to formally request a recount of the votes for the position of Ward 5 Alderman during the Municipal Election held on November 8,2011 at the Main Dunstable School. Please let me know if you require any further information. City Charter section 26 provides that "Any candidate who is dissatisfied with the return of the vote at any municipal election may have a recount of the vote cast at such election for the office for which he was a candidate...by notifying the city clerk and all candidates for the same office who were returned as having received a larger number of votes than himself that he request such recount or proposes to make such contest by notice in writing left at the office of the city clerk and delivered in hand to or left at the usual place of abode of each of such other candidates at least forty-eight hours before., .the meetings of the board of aldcrmcn...at which the returns are to be canvassed. The...board of aldermen, at said meeting, oral an adjourned meeting or meetings specially held for that purpose within one week thereafter, shall thereupon recount the ballots in the presence of the interested parties, or their representatives..." Sincerely, Michael Gallagher cc; Aldeiman Michael J. Tabacsko se iuiìiH NOV 0 9 2011 City of Nashua 229 Main Street Office of the City Clerk P.O. Box 2019 Nashua, NH 03960 Paul R. Bergeron Tricia Piecuch (603)589-3010 City Clerk Deputy City Clerk Fax (603)589-3029 November 10, 2011 Board of Aldermen City Hall 229 Main Street Nashua, NH 03060 To the Members of the Board of Aldermen: The Office of the City Clerk has received a request from Michelle Spears for a recount of the votes cast in the Municipal General Election held on November 8, 2011, in the race for Ward 7 Alderman. A copy of that request is attached. Under Section 26 of the City Charter, the Board of Aldermen is required to conduct the recount at a meeting held within one week after the Board canvasses the returns of the city election. I would request, therefore, that the Board of Aldermen schedule a special meeting, for that purpose, at the time it meets to canvass the returns of the November 8<h city elections. Thank you. Sincarely, Paul R. Bergeron'/ City Clerk £ / ////ó/¿/ Q NOUiriip^i ta cr>t scyùis itus te éfet j/% ha*, o^ /S Ht*nlo(sh o Board of Aldermen City of Nashua 229 Main street Brian S. McCarthy Nashua, NH 03061-2019 President, Board of Alderman (603)589-3030 Date: 14-Nov-2011 To: Board of Aldermen, Aldermen elect Subj: Request for meeting of the Aldermen-at-large elect Dear Colleagues: This morning I was asked by a member of the board about the possibility of the Aldermen-at-Large elect meeting to discuss "committee assignments, leadership positions, and the next term", prior to the caucus of the new Board of Aldermen. I was led to believe this was intended to be a private meeting. I replied that 1) I thought such a meeting, while not violating the letter of the Right-to- know law, was inconsistent with its intent; and 2) I see no reason why we would want to exclude the ward aldermen from such a discussion. I opined that I believed this was the function of the caucus of the board, and that I would not participate in any discussion of the committee assignments prior to the caucus, nor would I participate in any meeting which excluded the ward aldermen or was held in private. Sincerely, Brian S. McCarthy Alderman-at-large Page 1 of I Lovering, Susan From: Jim Donchess [jim@dritpc.com] Sent: Monday, November 14. 2011 2:14 PM To: Lovering, Susan Subject: Meeting to discuss next term Would you please forward this email to the same list that you forwarded Brian's letter. Brian has suggested a meeting including all aldermen and aldermen-elect in a public setting open to the public to discuss assignments, leadership and the next term. I think such a meeting is a good idea. Let's proceed to schedule it. Jim Donchess 11/15/2011

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