Aldermen, Board of

A regular meeting of the Board of Aldermen was held Tuesday, December 13, 2011, 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 Tabacsko led in the Pledge to the Flag. President McCarthy Before I ask the Clerk to take the roll, Alderman Sheehan 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’t attend, if she can hear us, and who she is with, if anyone. Alderman Sheehan I am here by myself, I can hear you. I’m here medical a reason. I’ve had surgery and cannot go out. President McCarthy Acknowledged those present could hear Alderman Sheehan as well. The roll call was taken with 14 members of the Board of Aldermen present; Alderman Sheehan was not in attendance, but participated in the meeting via telecommunication. Alderman Vitale was not in attendance. President McCarthy Alderman Vitale is on family business. Her Honor Mayor Donnalee Lozeau and Corporation Counsel James M. McNamee were also in attendance. President McCarthy Before I move on to business, I am going to ask Alderman Clemons to make the procedural motion we have typically made when someone participates by phone. MOTION BY ALDERMAN CLEMONS THAT THE RULES BE SO FAR SUSPENDED AS TO ALLOW FOR THE ACCEPTANCE OF PROCEDURAL ACTIONS WITHOUT OBJECTION A Viva Voce Roll Call was taken, which resulted as follows: Yea: Alderman Clemons, Alderman Craffey, Alderman Deane, Alderman Pressly, Alderman Dowd, Alderman Tabacsko, Alderman Melizzi-Golja, Alderman Cox, Alderman Sheehan, Alderman Wilshire, Alderman Chasse, Alderman Caron, Alderman Cookson, Alderman McCarthy 14 Nay: 0 MOTION CARRIED REMARKS BY THE MAYOR This evening on your agenda, I just wanted to point out a few items. First, I would like to thank the Personnel Administrative Affairs Committee for their support of Justin Kates as our Emergency Management Director and hope that the Board had an opportunity to look at the minutes or see the interview and that you’ll support the Committee’s recommendation. I’d also like to thank our volunteers for the Downtown Improvement Committee for being willing to step up and serve again and for many of them to continue the service that they have already provided relative to downtown. Bd. of Aldermen – 12/13/11 Page 2 There are two Resolutions tonight that may come up for a second and final reading and I wanted to call your attention to them. One is R-11-170 relative to the date for the deadline for closing on the Pennichuck acquisition. As all of you have probably burned into your memory banks, the current date is December 31st in our agreement. We are asking for an extension to February 3rd because, as you know, the decision from the PUC came the day before Thanksgiving and the way everything is going to work out it is not possible to get that done by December 31st. When speaking to our financial advisors, I asked questions that I think you would have asked that were also right on my mind, which were, how will that impact our careful watch of the interest rates? That, of course, is the concern that we made to the PUC about let’s get this done, interest rates are good. They are still changing every day, if you look at it, but typically according to our advisors, the first couple of weeks in January is usually a really good time to be out there on the market. So, I am hopeful and this is not going to have a negative impact to get that done the way we are all hoping to do it. It would be helpful to get that legislation done tonight if at all possible. The second one is a new one that was just handed out, R-11-172 relative to redistricting. As all of you know, you had a presentation from the City Clerk about redistricting that the state is doing relative to our legislative seats on the state level. Apparently, today information about an amendment that has not yet been out there where you can read it, but it is clear that the subcommittee may be recommending that we change Nashua from what we thought they were going to recommend, three legislators per ward, that they are looking at changing that to have Ward 3 be thrown in with the Town of Hudson for a district. Alderman Sheehan has brought in legislation today because the hearing on this is on Thursday and I’m sure she’ll speak for herself but I understand that she would like a vote from the Board of Aldermen so that when the City Clerk goes up on Thursday for the hearing, and when Mr. Alukonis is up there working on it, they can make it clear what our position is. I am hopeful that you will agree that that is not something that we want to happen. Nashua is of a size and of a need that does not mimic what a Town like Hudson may be interested in and that it is best for us to have three representatives for each of our wards. I also thought I’d take a moment to just give you a status update on brush. So the good news, of course, is that the snow is holding out, I hate to say that out loud, but we have about a dozen crews out a day now; 6 city crews, 6 private crews and we are really making some great progress. As you read in today’s paper, there’s some discussion about soft yard waste. I want to make sure that you understand the approach that we took with soft yard waste. As you all know, the last pick up for soft yard waste is the week of Thanksgiving. That’s how it’s been ever since I’ve been here and I’m sure a lot longer than that. We are extending the time for soft yard pick up because of the sheer amount of debris from the storm. We are up to almost 21,000 cubic yards of brush, almost 700 tons of chips and we know that people are putting out more than they typically would. The reason that we are not just doing a week extension where we drive around, is because we wanted to really maximize how we do that efficiently. The extension is for people to call in. They have until December 23rd to call and let us know that they have soft yard waste to be picked up. That way when we get all the information out we can send out one truck or two trucks, depending on how it’s going to work out, to those areas rather than just have a truck drive through the city and pick it all up. There is not as many people as you might think right now, but there are some people that actually put it in their back yard, held on to the bags, put them in the garage, that sort of thing, it’s an opportunity for them as well. It is our hope that we have that all squared away and taken care of before the snow flies. And on that note, I would take this time to wish everybody in our community and my colleagues here on the Board the merriest Christmas, as we will not be seeing each other until after Christmas in an official setting, I also, for those not celebrating Christmas would wish people happy holidays and of course keeping our thoughts with those that cannot be with their families during this time. Thank you for your kind attention tonight. Bd. of Aldermen – 12/13/11 Page 3 RESPONSE TO REMARKS OF THE MAYOR Alderman Chasse Would the Mayor have the phone number residents are supposed to call for the waste or does Alderman Deane? Mayor Lozeau Off the top of my head, I don’t know the number. They should just call the solid waste office, the landfill. I don’t have the directly in front of me. Perhaps Alderman Deane is going to dig it right up. Alderman Deane I do. It is 589-3410. Alderman Chasse Thank you. Alderman Deane You are welcome. President McCarthy I did want to comment that the other day I called in to see when my neighborhood might get picked up. I hung up the phone and within two minutes I could hear the chipper outside my window. We can either attribute that to coincidence or efficiency. I choose the latter. Alderman Cookson Thank you. With regard to the Mayor’s comments, I too called the solid waste department and the response that I got from them with regard to picking up my soft yard waste was that they would put me on a list as you indicated, and that there is no set time for them to come out and pick up, that they will just make that determination and have it picked up by the 23rd. They told me to put my soft yard waste out. It may sit there for a couple of weeks and then be picked up. Is that the expectation? Mayor Lozeau It may sit there for a week or two it depends on how the calls come in. Say for instance we have a significant amount in an area and by Monday of next week we know that it is worth making a trip out, then that will happen. Alderman Cookson Okay. Thank you. Mayor Lozeau You are welcome. RECOGNITION PERIOD – None Bd. of Aldermen – 12/13/11 Page 4 READING MINUTES OF PREVIOUS MEETINGS There being no objection, President McCarthy declared the minutes of the Board of Aldermen meetings of November 17, November 21, and November 22, 2011 accepted and placed on file. COMMUNICATIONS There being no objection, President McCarthy declared that communications be read by title only. From: Paul R. Bergeron, City Clerk Re: Record of Absence MOTION BY ALDERMAN CLEMONS TO ACCEPT, PLACE ON FILE AND THAT ALDERMAN LAROSE, ALDERMAN DOWD AND ALDERMAN CARON SHALL RECEIVE THEIR QUARTERLY STIPEND IN A PRO RATA AMOUNT BASED ON ACTUAL DATES SERVED IN THE FOURTH QUARTER A Viva Voce Roll Call was taken, which resulted as follows: Yea: Alderman Clemons, Alderman Craffey, Alderman Deane, Alderman Pressly, Alderman Tabacsko, Alderman Melizzi-Golja, Alderman Cox, Alderman Sheehan, Alderman Wilshire, Alderman Chasse, Alderman Cookson, Alderman McCarthy 12 Nay: 0 MOTION CARRIED Aldermen Dowd and Caron Abstained PERIOD FOR PUBLIC COMMENT RELATIVE TO ITEMS EXPECTED TO BE ACTED UPON THIS EVENING James Cutter, 86 Palm Street I want to make a comment on O-11-92, amending the effective date for the installation of new parking meters. I just want to say that both Concord and Manchester don’t have parking meters where there are …audio inaudible… and in Nashua we did some work on Temple Street, but starting at Spring Street and on down there shouldn’t be any meters. In place of meters you would have a sign that said either 2 or 3 hour parking limits. That is it. Thank you. PETITIONS – None NOMINATIONS, APPOINTMENTS AND ELECTIONS – None REPORTS OF COMMITTEE Budget Review Committee ................................................................... 11/17/11 There being no objection, President McCarthy declared the report of the November 17, 2011 Budget Review Committee accepted and placed on file. Finance Committee ............................................................................ 12/07/11 There being no objection, President McCarthy declared the report of the December 7, 2011 Finance Committee accepted and placed on file. Bd. of Aldermen – 12/13/11 Page 5 Personnel/Administrative Affairs Committee ........................................ 12/08/11 There being no objection, President McCarthy declared the report of the December 8, 2011 Personnel/Administrative Affairs Committee accepted and placed on file. Jt. Planning & Economic Development/Cmte on Infrastructure .......... 11/29/11 There being no objection, President McCarthy declared the report of the November 29, 2011 Joint Planning & Economic Development Committee and Committee on Infrastructure accepted and placed on file. Joint Special School Building Committee ............................................. 11/03/11 There being no objection, President McCarthy declared the report of the November 3, 2011 Joint Special School Building Committee accepted and placed on file. School Construction Projects Committee ............................................. 11/03/11 There being no objection, President McCarthy declared the report of the November 3, 2011 School Construction Projects Committee accepted and placed on file. WRITTEN REPORTS FROM LIAISONS – None CONFIRMATION OF MAYOR'S APPOINTMENTS Planning Board MOTION BY ALDERMAN WILSHIRE TO CONFIRM BY VOICE VOTE THE APPOINTMENT OF RICHARD LAROSE, 18 DOGWOOD DRIVE, NASHUA, TO THE PLANNING BOARD FOR A TERM COTERMINOUS WITH THE MAYOR’S A Viva Voce Roll Call was taken, which resulted as follows: Yea: Alderman Clemons, Alderman Craffey, Alderman Deane, Alderman Pressly, Alderman Dowd, Alderman Tabacsko, Alderman Melizzi-Golja, Alderman Cox, Alderman Sheehan, Alderman Wilshire, Alderman Chasse, Alderman Caron, Alderman Cookson, Alderman McCarthy 14 Nay: 0 MOTION CARRIED President McCarthy declared Richard LaRose duly appointed to the Planning Board for a term coterminous with the Mayor’s. Oath of Office administered by Corporation Counsel. Emergency Management Director MOTION BY ALDERMAN CLEMONS TO CONFIRM BY VOICE VOTE THE APPOINTMENT OF JUSTIN T. KATES, 229 MAIN STREET, NASHUA, TO THE OFFICE OF EMERGENCY MANAGEMENT DIRECTOR FOR AN INDEFINITE TERM AT THE PLEASURE OF THE MAYOR Bd. of Aldermen – 12/13/11 Page 6 ON THE QUESTION Alderman Craffey Thank you very much. At the committee we had a very length discussion with Mr. Kates about his qualifications, and I feel this is a good appointment by the Mayor. They did their homework. He is well qualified and I was very very impressed. Thank you. Alderman Pressly Thank you Mr. Chairman. I also met this gentleman and am very happy to confirm his appointment. I would like to know, however, I think he has been on the job for some time. When was he actually hired and how long has be been on the job? It has been a matter of months I know. Mayor Lozeau Mr. President, thank you. I want to say he has been on the job about 5 months now. Alderman Pressly Five months. Is there some reason that we didn’t have this confirmation earlier? Mayor Lozeau Yes. The reason that you didn’t have it earlier was because I wanted to make sure that the probation period that I had put in place had expired, just on the off chance that he wouldn’t have been somebody that I would bring to the board. Alderman Pressly Thank you. Mayor Lozeau You are welcome. Alderman Cookson What was the probation period that you had set? Mayor Lozeau The initial probation period was ninety days. I extended it a little bit only because of time and things like that. Alderman Cookson So you extended his probation period because you weren’t confident or what was the reason you extended the probation period? Mayor Lozeau Because of where the timing fell. Based on some of the projects that came up in that window, I thought it was best. We had two very big storms. Bd. of Aldermen – 12/13/11 Page 7 Alderman Cookson Correct so it was the… Mayor Lozeau It had nothing to do with his… Alderman Cookson …it was the events that took place that resulted in the delay? Mayor Lozeau That resulted in the extension yes. Alderman Cookson Thank you. President McCarthy If there is no further discussion, would the Clerk please call the roll? A Viva Voce Roll Call was taken, which resulted as follows: Yea: Alderman Clemons, Alderman Craffey, Alderman Deane, Alderman Pressly, Alderman Dowd, Alderman Tabacsko, Alderman Melizzi-Golja, Alderman Cox, Alderman Sheehan, Alderman Wilshire, Alderman Chasse, Alderman Caron, Alderman Cookson, Alderman McCarthy 14 Nay: 0 MOTION CARRIED President McCarthy declared Justin T. Kates duly appointed to the Office of Emergency Management Director for an indefinite term at the pleasure of the Mayor. Downtown Improvement Committee MOTION BY ALDERMAN CHASSE TO CONFIRM BY VOICE VOTE THE FOLLOWING INDIVIDUALS TO THE DOWNTOWN IMPROVEMENT COMMITTEE: BEN CLEMONS, 17 GRAND AVENUE, NASHUA, AND SY MAHFUZ, 227 ½ MAIN STREET, NASHUA FOR TERMS TO EXPIRE DECEMBER 13, 2013 AND MARY LOU BLAISDELL, 32 WEBSTER STREET, NASHUA, JOHN KOUTSOS, 3 EAST DUNSTABLE ROAD, NASHUA, AND RICHARD LANNAN, 7D TAGGART DRIVE, NASHUA FOR TERMS TO EXPIRE DECEMBER 13, 2014 ON THE QUESTION Alderman Pressly Thank you Mr. President. We had asked at one time, as we all can see this as sort of a carryover from the Services Advisory Committee, we had asked I believe for you to clarify when does that committee end and this one start. The Services Advisory was strictly, their purpose was to decide if they would tax certain owners, and this is now a parking group. I’m curious, is one going to end and the other begin? Bd. of Aldermen – 12/13/11 Page 8 President McCarthy I think nit is a separate issue from the appointments. This board created this committee and the issue before us is appointing individuals. The other committee was appointed by this board and either needs to arise on its own or to be eliminated by further action of this board, but that is not what is in front of us this evening. Alderman Pressly Thank you. It seems to be an extension of that group, and I know we had asked you I believe at one of our committees if we could get some clarification. The other question I have, I know I have spoken with the Mayor, that I think the importance is to get some diversity on this group since it is a different, it is a parking group, we need to have a restaurant involved and certainly take a look at the geographic expanse. I’m sort of wondering when can we expect to have the complete committee and when will they start meeting? Mayor Lozeau The committee can start meeting relatively quickly if the appointments are confirmed this evening because that is a majority of the membership. The remaining members, as I told you when I spoke with you, I’m not finished speaking to people and I didn’t want to hold it up any longer while I go through that process. I have spoken to restaurant owners, I have spoken to residents and others, and as I told you I’m interested in talking to another member that had been on the Services Advisory Committee from the Railroad Square area. I think we had some fresh perspective on the Services Advisory Committee and I anticipate we will have some of that on this committee as well. I would like to think that it can probably be done before the end of January, but I would hate to promise that depending on what comes up. Alderman Pressly Thank you. Mayor Lozeau You are welcome. Alderman Cookson Thank you. Question through you to the original maker of the motion Alderman Clemons whose legislation created the committee; how many members on the committee? Is it a 9 member committee? Alderman Clemons It is a 9 member committee. The Economic Development Director is one of those 9 members so there are 8 appointees by the Mayor. Alderman Cookson Nine people in total on this committee… Bd. of Aldermen – 12/13/11 Page 9 Alderman Clemons Nine people in total…. Alderman Cookson …the Downtown Improvement Committee… Alderman Clemons Correct. Alderman Cookson …and I’m just trying to understand the quorum aspect the Mayor brought up. She said that a quorum of 5 people could meet and that is a quorum of the 9, but it couldn’t be a quorum of these 5? You couldn’t have 3 people meet; it would have to be at least 5 people. Alderman Clemons Yeah. Alderman Cookson Okay. President McCarthy No. I think that depends on the rules the committee adopts actually… Alderman Cookson Then help me understand… President McCarthy If the committee… Alderman Cookson …is it… President McCarthy The committee by the way would have 6 members as of the… Alderman Cookson Including the Economic Development Director. Bd. of Aldermen – 12/13/11 Page 10 President McCarthy …including the Economic Development Director. I would content that at the time that they have 6 members, unless the rules adopt a specific number for a quorum, and we did not do that in the ordinance, then a quorum would naturally be 4 until such time as… Alderman Cookson So it is not based on the number identified in the committee, but it is based on the number of persons meeting at any particular time, a few appointees? President McCarthy It is based on the number of people on the committee, which is the number that have been appointed. Alderman Cookson So in this particular instance where we are looking at 5 appointees, and 6 including the Economic Development Director, they could meet with 4 individuals, and that is what you are saying? President McCarthy Yes. That would be my interpretation until some rules are adopted. Alderman Cookson Was that different then the Mayor’s interpretation earlier when she said that…help me understand, I thought you said that they could meet with the 5 because they were supposed to be a group of 9. Mayor Lozeau I don’t know that I said 5. I meant the 5 plus the Economic Development Director so there are 6. I don’t see why they couldn’t meet as long as they post and do business. But as the President has mentioned, each committee, as you know as you serve on one, develops their own rules and how they are going to conduct business. I anticipate with Christmas in the next week or two I don’t see them meeting then… Alderman Cookson Right. Mayor Lozeau …the first of the year …I’m not certain and I don’t want to predict on their behalf what may occur. Ordinarily I would have brought all 9 in. I just didn’t want to continue to hold up the process. Alderman Cookson Understood. I was just curious what constituted a quorum for this group. Thank you. Alderman Deane Thank you. Will they be supplying their agendas and their meeting minutes to the City Clerk’s office? Bd. of Aldermen – 12/13/11 Page 11 President McCarthy I would assume so. Their meetings will need to be posted and will need to have recorded minutes. Alderman Deane So who is going to be charged with that task? The Chairman of the committee? President McCarthy I think that is something the committee has to come up with. Alderman Deane Thank you. President McCarthy Is there any further discussion? If not, would the Clerk please call the roll? A Viva Voce Roll Call was taken, which resulted as follows: Yea: Alderman Craffey, Alderman Deane, Alderman Pressly, Alderman Dowd, Alderman Tabacsko, Alderman Melizzi-Golja, Alderman Cox, Alderman Sheehan, Alderman Wilshire, Alderman Chasse, Alderman Caron, Alderman Cookson, Alderman McCarthy 13 Nay: 0 MOTION CARRIED Alderman Clemons Abstained President McCarthy declared Mary Lou Blaisdell, Ben Clemons, John Koutsos, Richard Lannan and Sy Mahfuz duly appointed to the Downtown Improvement Committee for the aforementioned terms. Oath of Office administered to Ben Clemons by Corporation Counsel. UNFINISHED BUSINESS – RESOLUTIONS MOTION BY ALDERMAN CLEMONS TO RECONSIDER RESOLUTION R-11-159, AUTHORIZING THE ACQUISITION OF PROPERTY AT 17 JACKSON STREET, TAX MAP 39, LOT 27, FOR A PURCHASE PRICE NOT TO EXCEED $300,000 ON THE QUESTION Alderman Cookson I’m just curious; if we knew that this was going to be brought up this evening shouldn’t the public have been informed of that particular resolution? President McCarthy Perhaps. Bd. of Aldermen – 12/13/11 Page 12 Alderman Cookson Well I know the legislation says that if we’re going to take action on a particular piece of legislation that the President of the Board should inform the public. Is that not true? President McCarthy Is there any member of the public present who would like to comment to us on the reconsideration of R-11- 159? Alderman Cookson The fact of the matter is that they weren’t informed. How many of us knew that this particular piece of legislation was going to be reconsidered this evening? I wish somebody else would have shared that information. Thank you. Alderman Deane I found this out yesterday afternoon probably around 4:30 p.m. or so. If I could Alderman McCarthy, could I speak to this? President McCarthy Yes in one second. It is my understanding that we passed this at a meeting that the Mayor was not in attendance at, and had she been here she would have told us that we should table it and hold it because there wasn’t necessarily a reason to acquire the property at this point. Alderman Deane That is not what was stated yesterday. What was stated yesterday was they weren’t 100% sure, but they were 99% sure. What has happened pertaining to the Board of Public Works is that the preliminary design contract with Hazen and Sawyer for the screening & disinfection facility was approved in October, award for this contract was contingent upon final approval of the 17 Jackson Street purchase stipulated by the Finance Committee on October 19, 2011, a motion made by Alderman Clemons. Hazen & Sawyer continued to review locations and system types most feasible for a CSO facility. Hazen & Sawyer has determined that an underground closed conduit system in the Bancroft Street area is the most feasible because of the following advantages…Although this might seem sort of painful to some of us, this is a good thing in the long run because it removes a lot of items that do not belong on the list for replacement through capital. There will be a gravity flow system and will not have a high cost of operations and maintenance for pumping, it will be underground and will not have the issues of an above-ground open tank, and it will be constructed entirely in the public right-of-way on property owned by the City. Renaissance Downtown does not see a significant impact to its Phase III development in the Bancroft Street area. Renaissance also prefers the underground storage as opposed to an open tank in proximity of its development. With this alternative location selected, the 17 Jackson Street acquisition is no longer necessary. A request is being made to the Board of Aldermen to reconsider the favorable vote on R-11-159 on the approval of the purchase & sale agreement of 17 Jackson Street. I guess what they found is a more conducive way to do this without purchasing that property. It is a gravity fed system whereas you take all of the high cost operations of the pump and put the system below the ground. The only disadvantages with whomever, I forget the owner of that property is still in arrears with property taxes and that dilapidated structure is still going to remain there unless this board decides to take action on it. But that is what was discussed yesterday afternoon at the Public Works meeting. Bd. of Aldermen – 12/13/11 Page 13 I’m in full support of this. I think it is nice that Hazen & Sawyer found a way to reduce the operational and maintenance costs of this project and were able to put it on our own property. I plan on supporting the motion to reconsider. Thank you. Alderman Clemons I also would like to just state for the record that the intention will be if we reconsider this, to table the resolution until a further time so if there was anyone from the public that wanted to have their chance to speak to us either as a group or individually they will get that opportunity. President McCarthy I would point out as well that we have already finally passed it and they had the opportunity to speak on the evening that it was brought back for final passage. Is there any further discussion of the motion to reconsider? That motion being non-debatable, I would ask that the Clerk please call the roll. A Viva Voce Roll Call was taken, which resulted as follows: Yea: Alderman Clemons, Alderman Craffey, Alderman Deane, Alderman Pressly, Alderman Dowd, Alderman Tabacsko, Alderman Melizzi-Golja, Alderman Cox, Alderman Sheehan, Alderman Wilshire, Alderman Chasse, Alderman Caron, Alderman Cookson, Alderman McCarthy 14 Nay: 0 MOTION CARRIED R-11-159 Endorsers: Mayor Donnalee Lozeau Alderman Diane Sheehan Alderman Jeffrey T. Cox AUTHORIZING THE ACQUISITION OF PROPERTY AT 17 JACKSON STREET, TAX MAP 39, LOT 27, FOR A PURCHASE PRICE NOT TO EXCEED $300,000 Given its fourth reading; MOTION BY ALDERMAN CLEMONS TO TABLE R-11-159 A Viva Voce Roll Call was taken, which resulted as follows: Yea: Alderman Clemons, Alderman Craffey, Alderman Deane, Alderman Pressly, Alderman Dowd, Alderman Tabacsko, Alderman Melizzi-Golja, Alderman Cox, Alderman Sheehan, Alderman Wilshire, Alderman Chasse, Alderman Caron, Alderman Cookson, Alderman McCarthy 14 Nay: 0 MOTION CARRIED Resolution R-11-159 tabled. UNFINISHED BUSINESS – ORDINANCES – None Bd. of Aldermen – 12/13/11 Page 14 NEW BUSINESS – RESOLUTIONS R-11-167 Endorser: Mayor Donnalee Lozeau AUTHORIZING THE MAYOR AND CITY TREASURER TO ISSUE BONDS NOT TO EXCEED THE AMOUNT OF FIFTEEN MILLION FOUR HUNDRED NINETY-TWO THOUSAND FOUR HUNDRED AND FIFTY-THREE DOLLARS ($15,492,453) FOR THREE WASTEWATER PROJECTS Given its first reading; MOTION BY ALDERMAN DEANE TO ACCEPT THE FIRST READING OF R-11-167, ASSIGN IT TO THE BUDGET REVIEW COMMITTEE AND THE BOARD OF PUBLIC WORKS AND THAT A PUBLIC HEARING BE SCHEDULED FOR WEDNESDAY, DECEMBER 21, 2011, AT 7:00 P.M., OR IMMEDIATELY FOLLOWING THE FINANCE COMMITTEE, IN THE ALDERMANIC CHAMBER BY ROLL CALL A Viva Voce Roll Call was taken, which resulted as follows: Yea: Alderman Clemons, Alderman Craffey, Alderman Deane, Alderman Pressly, Alderman Dowd, Alderman Tabacsko, Alderman Melizzi-Golja, Alderman Cox, Alderman Sheehan, Alderman Wilshire, Alderman Chasse, Alderman Caron, Alderman Cookson, Alderman McCarthy 14 Nay: 0 MOTION CARRIED R-11-168 Endorser: Mayor Donnalee Lozeau Alderman Michael J. Tabacsko Alderman Arthur T. Craffey, Jr. Alderman-at-Large Ben Clemons Alderman Mary Ann Melizzi-Golja Alderman Jeffrey T. Cox Alderman-at-Large Lori Wilshire Alderman Diane Sheehan Alderman June M. Caron RELATIVE TO THE ACCEPTANCE AND APPROPRIATION OF $150,000 FROM THE STATE OF NEW HAMPSHIRE DEPARTMENT OF SAFETY INTO SPECIAL REVENUE ACCOUNT #336-6275 “2010 HOMELAND SECURITY GRANT PROGRAM” Given its first reading; assigned to the HUMAN AFFAIRS COMMITTEE by President McCarthy R-11-169 Endorser: Mayor Donnalee Lozeau CREATING A SPECIAL REVENUE FUND FOR PAYMENT OF THE ACQUISITION BOND FOR PENNICHUCK CORPORATION Given its first reading; MOTION BY ALDERMAN DEANE TO ACCEPT THE FIRST READING OF R-11-169, ASSIGN IT TO THE BUDGET REVIEW COMMITTEE AND THAT A PUBLIC HEARING BE SCHEDULED FOR WEDNESDAY, DECEMBER 21, 2011, AT 7:00 P.M., OR IMMEDIATELY FOLLOWING THE PUBLIC HEARING ON RESOLUTION R-11-167, IN THE ALDERMANIC CHAMBER BY ROLL CALL Bd. of Aldermen – 12/13/11 Page 15 A Viva Voce Roll Call was taken, which resulted as follows: Yea: Alderman Clemons, Alderman Craffey, Alderman Deane, Alderman Pressly, Alderman Dowd, Alderman Tabacsko, Alderman Melizzi-Golja, Alderman Cox, Alderman Sheehan, Alderman Wilshire, Alderman Chasse, Alderman Caron, Alderman Cookson, Alderman McCarthy 14 Nay: 0 MOTION CARRIED President McCarthy Attorney McNamee was reminding me under State law we have to vote on this resolution at least fifteen (15) days but not more than thirty (30) after the public hearing, which actually means that we are going to have to schedule a special meeting the first week in January to meet that timeframe. R-11-170 Endorser: Mayor Donnalee Lozeau AUTHORIZING THE MAYOR TO EXECUTE AN EXTENSION OF THE AGREEMENT AND PLAN OF MERGER BETWEEN THE CITY OF NASHUA AND PENNICHUCK CORPORATION Given its first reading; MOTION BY ALDERMAN CLEMONS THAT THE RULES BE SO FAR SUSPENDED AS TO ALLOW FOR THE SECOND READING OF R-11-170 A Viva Voce Roll Call was taken, which resulted as follows: Yea: Alderman Clemons, Alderman Craffey, Alderman Deane, Alderman Pressly, Alderman Dowd, Alderman Tabacsko, Alderman Melizzi-Golja, Alderman Cox, Alderman Sheehan, Alderman Wilshire, Alderman Chasse, Alderman Caron, Alderman Cookson, Alderman McCarthy 14 Nay: 0 MOTION CARRIED Resolution R-11-170 given a second reading; MOTION BY ALDERMAN CLEMONS FOR FINAL PASSAGE OF R-11-170 ON THE QUESTION Alderman Deane This will extend it until the 3rd of February? President McCarthy I believe that is correct. Mayor Lozeau Yes. Bd. of Aldermen – 12/13/11 Page 16 Alderman Deane And they don’t predict that the settlement of the bonds will not occur until some time in January? Mayor Lozeau Thank you Mr. President. Alderman Deane it won’t happen until January to be on the bond market. The other important thing about the February 3rd date, if you do the math you look at it and say why wasn’t it 30 days or 45 days, that type of thing that is typical, we were very careful to make sure that we’re not impacting the Pennichuck shareholder meeting that is scheduled for September 6th if we don’t acquire the company before then because that is typically when, I don’t know that it is a meeting, but it is typically when they would make the determination on paying a dividend, and we don’t want that to happen. So enough time to let us get our business done without… Alderman Deane What is the date of that meeting? Mayor Lozeau I don’t know if it is a meeting, but that is when a dividend would be paid, February 6th. Alderman Deane February 6th. Mayor Lozeau So we want to make sure we avoid that. Alderman Deane Are we going to be kept apprised of the, hopefully not a negative impact on the rates, should there be one? Mayor Lozeau Thank you Mr. President. Yes. We will be sure to let you know. We are cautiously optimistic, but we had met with Moody’s and we have met with Fitch and our financial people and all of them have suggested that early January is a better time for us then the end of December. I hope they are right, but how do you predict? Alderman Deane How are you going to relay that to the board? In a memo? Mayor Lozeau Certainly. Alderman Deane I would like it in writing. Bd. of Aldermen – 12/13/11 Page 17 Mayor Lozeau Well as soon as I know. I try to send you updates now and again on things I think you are interested in. Clearly that would be one of them. Alderman Pressly Thank you. I just want to make sure that there are no loose ends to the agreement. I read in the paper many times that you have said everything is in order to proceed with the merger. I just want to make sure have any sort of loose ends surfaced recently that we need to be aware of? Mayor Lozeau All of the loose ends that we are aware of are the ones on your agenda tonight… Alderman Pressly Okay. Mayor Lozeau …setting up the right account, making sure we meet the deadlines, the fifteen days, all of those things we have tried to work back from so that we don’t have any that would come to you at the end of December or into January and that would throw this off late again. We believe that we have identified everything and made provisions for it. But then again, it is a very complex item so again I don’t want to promise that we didn’t miss something that we might have to come back and bring to you, but we are doing our very best to make sure that we are dotting all of the Is and crossing all of the Ts. Alderman Cookson Thank you. So what are the items that are going to result in this not closing by December 31st? What is that punch list of items that need to occur that aren’t going to happen before the 31st of December? Did you say one of them was… Mayor Lozeau Being on the bond market. Alderman Cookson But that could happen at any time, we don’t have to wait until January correct? Mayor Lozeau Actually we do. Alderman Cookson And why is that? Mayor Lozeau I didn’t bring the list of reasons with me this evening Alderman Cookson, but particularly it is because the market, as they say, there is nobody with any interest in buying bonds during the holiday week. Bd. of Aldermen – 12/13/11 Page 18 Alderman Cookson Okay, but that is certainly something that one of our consultants could have told us three months ago or two months ago, is that… Mayor Lozeau They did tell us that. President McCarty We didn’t know three months ago when the PUC would issue their ruling on the merger agreement, which it did the day before Thanksgiving. Alderman Cookson Right so they tell us the day before Thanksgiving, still there is action that could be taken sooner than this correct? Mayor Lozeau No there isn’t Alderman Cookson. There are things that had to be in place. We had to determine our underwriters, we had to come before the Finance Committee and get their approval for having the underwriter and then to negotiate with them and then to get them on board and now we are having the kickoff discussions about where we go from there and who is at the table. We want to make sure that we do this in a very thoughtful way and get the best interest rate and all of those things that we can get right now. That is not something you compress to try to hurry before December 31st. Alderman Cookson Certainly not. I’m not suggesting that you compress it I’m just saying wasn’t some of that information available to us; for example creating a special revenue fund for payment of the acquisition of Pennichuck, that is something that we didn’t have to hear about for the first time this evening is it? Mayor Lozeau It is because we hadn’t determined how in fact we were going to have the funds come in and go out to pay the debt. There was a lot of legal work that was involved there; PUC settlement reading and interpretation, structure of how that was going to happen. If we would have known a long time ago we could have set it up a long time ago, but you wait until the PUC gives a ruling. If we would have done all of that work and paid the financial advisors and the attorneys to develop the system and then PUC would have said no you can’t use that system, it would have been all spent for nothing. We have been very diligent in our work. Alderman Cookson Very good. Thank you. Mayor Lozeau You are welcome. Bd. of Aldermen – 12/13/11 Page 19 Alderman Pressly Thank you. I was under the impression that the calendar year was really important to the Pennichuck shareholders. I know that has been mentioned throughout this process. Has that changed or is that going to have an issue with Pennichuck and the shareholders? Mayor Lozeau We don’t believe there will be an issue. It is one of the reasons that we would like to have this done tonight so that if there is a problem and we have to come back and do something differently we still have a little bit of time for that, but I anticipate there not to be a problem. President McCarthy I assume that requires the ratification of the board of directors not of the shareholders. Mayor Lozeau That is correct. Alderman Pressly Their taxation issue was the issue they were hoping to have finished by the December 31st. Thank you. President McCarthy Is there further discussion? The motion is for final passage. Would the Clerk please call the roll? A Viva Voce Roll Call was taken, which resulted as follows: Yea: Alderman Clemons, Alderman Craffey, Alderman Deane, Alderman Pressly, Alderman Dowd, Alderman Tabacsko, Alderman Melizzi-Golja, Alderman Cox, Alderman Sheehan, Alderman Wilshire, Alderman Chasse, Alderman Caron, Alderman McCarthy 13 Nay: Alderman Cookson 1 MOTION CARRIED Resolution R-11-170 declared duly adopted. R-11-171 Endorser: Mayor Donnalee Lozeau Alderman Michael J. Tabacsko Alderman Richard A. Dowd Alderman Arthur T. Craffey, Jr. Alderman Diane Sheehan Alderman Jeffrey T. Cox RELATIVE TO THE ACCEPTANCE AND APPROPRIATION OF $125,000 FROM FORTISTAR METHANE GROUP, LLC AS A CONTRIBUTION TOWARD THE FOUR HILLS LANDFILL GAS COLLECTION PROJECT Given its first reading; assigned to the HUMAN AFFAIRS COMMITTEE and the BOARD OF PUBLIC WORKS by President McCarthy Bd. of Aldermen – 12/13/11 Page 20 Alderman Deane Mr. President could you send that to the Board of Public Works too? President McCarthy Sure. Alderman Deane Thank you. MOTION BY ALDERMAN SHEEHAN THAT THE RULES BE SO FAR SUSPENDED AS TO ALLOW FOR THE FIRST READING OF A RESOLUTION RECEIVED AFTER THE AGENDA WAS PREPARED ON THE QUESTION Alderman Pressly Thank you Mr. President. As most of you know I am a strong opponent to suspension of the rules, except I declare this a true emergency. Having served in both chambers; at the State House, they do things at the last minute, spur of the moment, catch you by surprise, and that is just the way they work. I had a long conversation with Alderman Sheehan, encouraged her to stay home and keep her foot up, and told her that I would be happy to endorse this and speak to this tonight. I will speak later in the meeting. A Viva Voce Roll Call was taken, which resulted as follows: Yea: Alderman Clemons, Alderman Craffey, Alderman Deane, Alderman Pressly, Alderman Dowd, Alderman Tabacsko, Alderman Melizzi-Golja, Alderman Cox, Alderman Sheehan, Alderman Wilshire, Alderman Chasse, Alderman Caron, Alderman Cookson, Alderman McCarthy 14 Nay: 0 MOTION CARRIED R-11-172 Endorser: Alderman Diane Sheehan Alderman-at-Large Ben Clemons Alderman Arthur T. Craffey, Jr. Alderman-at-Large Barbara Pressly Alderman Richard A. Dowd Alderman Michael J. Tabacsko Alderman-at-Large David W. Deane Alderman Mary Ann Melizzi-Golja Alderman Jeffrey T. Cox Alderman-at-Large Lori Wilshire Alderman June M. Caron Alderman-at-Large Mark S. Cookson Alderman-at-Large Brian S. McCarthy Alderman Paul M. Chasse, Jr. DISAPPROVING THE REAPPORTIONMENT OF NASHUA’S WARD 3 Given its first reading; MOTION BY ALDERMAN SHEEHAN THAT THE RULES BE SO FAR SUSPENDED AS TO ALLOW FOR THE SECOND READING OF R-11-172 Bd. of Aldermen – 12/13/11 Page 21 A Viva Voce Roll Call was taken, which resulted as follows: Yea: Alderman Clemons, Alderman Craffey, Alderman Deane, Alderman Pressly, Alderman Dowd, Alderman Tabacsko, Alderman Melizzi-Golja, Alderman Cox, Alderman Sheehan, Alderman Wilshire, Alderman Chasse, Alderman Caron, Alderman Cookson, Alderman McCarthy 14 Nay: 0 MOTION CARRIED Resolution R-11-172 given a second reading; Alderman Sheehan I will start with reading it and then I will speak to it. Can you hear me clearly or shall I ask somebody there to read it? President McCarthy First you need to make a motion for final passage. MOTION BY ALDERMAN SHEEHAN FOR FINAL PASSAGE OF R-11-172 ON THE QUESTION Alderman Sheehan Thank you. First I will read it and then I will explain how it came to be. “Resolution Disapproving the Reapportionment of Nashua’s Ward 3, City of Nashua in the Year Two Thousand and Eleven Resolved by the Board of Aldermen of the City of Nashua that Whereas the New Hampshire House of Representatives has proposed a bill to reapportion districts for electing state representatives, and Whereas that bill or amendments to it contemplate combining Nashua’s Ward 3 with the Town of Hudson to create a new district, and Whereas Nashua’s Ward 3 would likely not have sufficient representation in the House of Representatives because of the disproportion in population size between Nashua’s Ward 3 and the Town of Hudson, Now Therefore be it Resolved by the Board of Aldermen of the City of Nashua that the City of Nashua disapproves the reapportionment of Nashua’s Ward 3 in New Hampshire House Bill 592.” It goes on further in the important part I feel is the analysis; it says: “This resolution resolves that the Board of Aldermen disapprove House Bill 592, the reapportionment of districts for state representatives. Recently, the house has contemplated redistricting wards of cities with bordering towns. By combining wards with bordering towns, if the ward is smaller than the town, sufficient representation would not be given to the ward. Specifically, various state representatives have considered combining Nashua’s Ward 3 with the Town of Hudson, creating a new mega-district. The population of Nashua’s Ward 3 is 9,448 and the population of the Town of Hudson is 24,467. There is concern that Nashua’s Ward 3 would not have sufficient representation due to the disproportion in population. The City of Nashua and the Town of Hudson have different interests: the municipal budgets are separate; the schools are in different districts, etc.” I appreciate everybody’s leniency with a suspension of the rules. This came to my attention late Monday night, and I did speak to the committee chair and verified the information and then have spent today trying to get information together so that I could bring this tonight as the hearing is this Thursday. It is important I think that Ward 3 be represented and I just don’t see how that could happen with these numbers where we Bd. of Aldermen – 12/13/11 Page 22 have approximately 25% of the population going in is not conducive to having Ward 3 represented. Our City as a whole could potentially loose three seats, and that isn’t serving our interest as well. I was very concerned. I have heard from a lot of constituents, and I’m very pleased to see that we have 14 co- sponsors. That would be my comments. Alderman Clemons Thank you. I am disappointed in the Legislature for even considering something like this. We passed a Constitutional amendment to give towns their own representatives the last couple of years. I think that amendment was passed in 2006. The hope was that a small town say like Hollis or Mason or some town like that would actually be able to have their own representative. Well Nashua we have 9 districts that really for the purposes of electing a State Representative are like little towns in amongst themselves. Each of them have a representative and it is important that we try to keep that especially whereas the population of Nashua divided into 9 can sustain that number; 3 representatives for each ward. It is the way that it was with the exception of the last ten years with the super district in wards 5, 8, and 9. That is the way that it has been for as long as anyone here probably can remember. I think it is good that we’re getting rid of the super district that we had in 5, 8, and 9 and giving each of these wards their own representatives. I think that is more logical, I think it makes sense. When you take Ward 3 and even just looking at the ward map itself, there is no physical way, unless you are in a canoe or you swim across the river or walk across the ice, there is no physical way to get from Ward 3 in Nashua to Hudson without crossing over into Ward 7. That to me should be a no brainer in and of itself that this is something that does not make sense, and does not serve the population of either Hudson or the citizens of Ward 3. Beyond that, for all of the reasons that were stated by Alderman Sheehan, combining these two districts or for that matter any district in Nashua with one of its surrounding towns does not make any sense. We have separate interests, there are different issues that Nashua has to deal with then what these towns have to deal with and we should have our own representatives. I am proud to sponsor this and I really hope that our representatives in Nashua are listening to us and listen to this, and for that matter the ones that are in Hudson too because they shouldn’t have to have to worry about Nashua either. This is something that does not serve the interests of either community, and I really hope that when this is presented to the committee on Thursday that they take it to heart and reconsider doing what is right and appointing 3 representatives to each Nashua ward. Thank you. Alderman Pressly Thank you. Alderman Sheehan did e-mail me a report from Kevin Landrigan and the title is “House Redistricting Plan Chops up Cities”. She has spoken with the Chairman of the committee and he has basically told her we need people to go up there, we need people to call. As luck would have it I happen to know the Chairman of the committee. Didn’t serve with him the State House, but has served with him many years ago on a statewide preservation project so I have already placed one call and I will plan to go up. If anyone else wants to go I would be happy to drive you. If I understand it, Mr. Bergeron are you going to take this, will you take this up with you, this Resolution? Paul Bergeron Yes, that was my intent. Alderman Pressly And if others would like to go. I would like to read the phone number. Citizens can call, if I understood Alderman Sheehan correctly, the Chairman said it would be important to hear from people through phone calls or showing up at the hearing. The number to call, the name of the Chairman is Paul Mirski and his Bd. of Aldermen – 12/13/11 Page 23 phone number is 632-5555. Please if you are watching this or listening to this please make phone calls to him, and if anyone else can go please let me know. Thank you. Alderman Wilshire Thank you. I agree with the previous two speakers, and no need in repeating what they both said, but I don’t think anyone is well served by this plan. Thank you. Alderman Cookson I just wanted to add a bit of information to Alderman Pressly’s phone number. Based on a conversation as well as a communication with Alderman Sheehan, it appears that the phone might not be answered as quickly and so there is a fax number as well. If you feel so inclined to send the Chair a fax, anything sent to the Chair of the committee has to be included on the agenda. If you want to again have your voice heard let me share with you the fax number; again it is attention Paul Mirski, House Special Committee Chair on Redistricting, the fax number is 603-271-6689. President McCarthy Any further discussion on the motion for final passage? If not, would the Clerk please call the roll? A Viva Voce Roll Call was taken, which resulted as follows: Yea: Alderman Clemons, Alderman Craffey, Alderman Deane, Alderman Pressly, Alderman Dowd, Alderman Tabacsko, Alderman Melizzi-Golja, Alderman Cox, Alderman Sheehan, Alderman Wilshire, Alderman Chasse, Alderman Caron, Alderman Cookson, Alderman McCarthy 14 Nay: 0 MOTION CARRIED Resolution R-11-172 declared duly adopted. NEW BUSINESS – ORDINANCES O-11-92 Endorsers: Alderman Arthur T. Craffey, Jr. Alderman-at-Large Mark S. Cookson Alderman-at-Large David W. Deane Alderman-at-Large Barbara Pressly AMENDING THE EFFECTIVE DATE FOR THE INSTALLATION OF NEW PARKING METERS UNDER O-11-71 Given its first reading; assigned to the COMMITTEE ON INFRASTRUCTURE by President McCarthy PERIOD FOR GENERAL PUBLIC COMMENT James Cutter, 86 Palm Street Open letter to Alderman-at-Large Brian McCarthy; Dear Alderman McCarthy, on April 26th at the Aldermanic meeting I gave each of you a copy of my presentation to remind you Pine Street is now very direct to the Millyard. Mayor Lozeau, etc. want us to believe changing Palm and Pine Streets is for the best interest of the Broad Street Parkway. The real reason is for redeveloping the Tree Streets area. Keep in mind these streets are not park of the Broad Street Parkway and money should not be taken from the bond approved for the Broad Street Parkway. Bd. of Aldermen – 12/13/11 Page 24 Kinsley and West Hollis Streets where Pine and Palm Streets’ traffic go to and from the Millyard now has heavy traffic at times. In order to avoid that traffic besides Pine and Palm Streets now goes by way of Central, Chestnut, Ledge, Ash, Vine, and Walnut Streets. As you see it is not necessary to go to Palm Street on West Hollis Street to go to the Millyard. And if you want to attract business to the Millyard you make it easier to get to. Very truly yours. Thank you. REMARKS BY THE MEMBERS OF THE BOARD OF ALDERMEN Alderman Cookson Thank you. Let me first begin by saying Resolution 11-159, which was reconsidered this evening, apparently a several people or at least a few of the members of the Board of Aldermen knew that was going to be reconsidered. My objection isn’t to the particular resolution, my objection is to the fact that there was information that was available that could have been shared with the Board of Aldermen and should have been shared with the public prior to it even being reconsidered. That was my only objection is I think that we could have done a better job communicating it to members of the Board of Aldermen so that they would have been prepared, they could have had the resolution if they had wanted it, and that the public, whoever was here, could have commented on it. I think that is very clear in the legislation that was submitted several years ago making sure that we didn’t surprise anybody with legislation that was going to be brought in or considered. I think we just need to do a careful job of looking at that. Obviously we knew that it was going to be addressed because it was on the outline that was presented to the President and some other members of the board. With that, I think we should do a better job of making sure that the information is available to everyone. Finally, I just want to wish all of my colleagues and the citizens of Nashua a very Merry Christmas and happy holidays. Thank you. Alderman Caron I just wanted to say that I attended the Senior Outing last weekend. Park & Recreation and the High School Hospitality & Culinary Art students did another wonderful job. It is nice to see the program is ongoing. It is 21 years and kind of hard to believe it has been going on that long. I too would like to wish everyone here a Merry Christmas and happy holidays. Alderman Chasse I would like to wish happy holidays to everyone in this Chamber and the residents out there in the City of Nashua and our boys that are still in harms way. Thank you. Alderman Wilshire Thank you. I also would like to wish everyone a Merry Christmas, happy holidays. Thank you. Alderman Sheehan Thank you. I know a couple of people have said it, but I just want to say again if anybody things the redistricting plan isn’t a good idea who is listening please go to Concord on Thursday at 1:30 p.m. in Room 306 at the Legislative Office building on North State Street in Concord. I spoke to the Committee Chair and he said that having an outcry from people is going to be the determining factor if they are going to change, and I have been very impressed with the response I have gotten from my ward. I guess I shouldn’t be surprised anymore because they are smart and very active people. If you could follow the directions that were given out Bd. of Aldermen – 12/13/11 Page 25 by both Alderman Pressly and Alderman Cookson that would be great. This isn’t a done deal and this could very definitely go back to the other plan that was on the table, which is each ward having 3. As a follow-up, I learned some other things that I think maybe need to be looked at in Concord. This is something that is timely when we’re looking at the Post Office stepping away from one day turnaround. Committee Chairs that do not participate with e-mail really tie the hands of their constituents’ ability, and I would like to see somebody in Concord who has watched this that maybe could draft something that committee chairs should be required to use e-mail, and also that when a communication is sent to the Chair of the committee and the whole committee it also needs to be maintained as part of the record and not decided whether or not to be attached. Currently if the whole committee gets it, it doesn’t have to be part of the record and it can be discarded. That is too much inside baseball for constituents to be able to track. You shouldn’t need a playbook to be able to participate effectively with your state legislator, and it is a very difficult process to be able to follow with this redistricting process, and a lot of these hurtles are ones that were man made that we don’t need in this day and age. People should be able to reach a state legislator by e-mail. It is just how business is done now. I just want to thank everybody who went out of their way to reach out, say something nice, bring something over, send a card. Being laid up like this it has been nice, I keep getting surprises every day so I want to thank everybody for that and the extra help that I have gotten so thank you. I would like to wish everybody a Merry Christmas, a Happy Hanukah to those who celebrate that, and hope everyone has a great New Year. Thank you. Alderman Cox Wish to wish everyone in the Chamber here and all city departments and employees and the citizens of Nashua a happy and safe holiday season as well as to our men and women serving overseas that have their families waiting for them. Thank you. Alderman Melizzi-Golja Before my Christmas greeting, I just have a request. I was unable to attend the presentation on the millyard last week and have had an opportunity to review the minutes, but the presentation itself is not up on the website so you are reading minutes without being able to see everything else that was there. I asked Ms. Lovering to get me a copy of what was presented. If that link could be there. President McCarthy It should be up. I’m sure the administration will take care of that. Mayor Lozeau I wasn’t aware that it wasn’t. Alderman Melizzi-Golja And that is why I’m saying it because I checked as late as like 5:15 p.m. tonight because I thought well maybe something had happened. I have had people ask me about it. Thank you. Again, to echo the greetings for a Merry Christmas, Happy New Year, Happy Hanukah to everyone here in the Chamber as well as in the city. Thank you. Bd. of Aldermen – 12/13/11 Page 26 Alderman Tabacsko Thank you. I would just add my Merry Christmas and holiday wishes to everyone. Thank you. Alderman Dowd I was able to attend the Board of Education meeting last night. I can’t remember the name of the organization, but about 10 years ago the school district entered into en energy savings agreement with this company, and Lorne Swindell many of you know is affectionately known as the Prince of Darkness and is still involved in that endeavor to save energy for the school district, and last night they received a plaque congratulating them for saving almost $8 million in the last ten years on energy conservation. I think that is an admirable think for the school district. Having said that, I wish everyone in the Chamber and everyone in the City happy holidays and safe holidays and also I have an employee that is overseas serving in Afghanistan and he and all of the other people that are serving over there, I wish them well and a safe holiday. Alderman Pressly I am afraid I’m going to bring up an unhappy issue. I’m really quite distraught to find out what is going to happen to our Millyard with the Broad Street Parkway. People are just now beginning to find out just how it is going to absolutely tear up that historic part of our city. I have been struggling with this. I know some of you were able to go on this tour. Over 100 people showed up spontaneously on short notice to attend this tour that took place on Saturday. It was just amazing, over 100 people. There were people there that spoke of their second and third generation friends and families that had worked in the mills. They are very upset. I even learned that this Boiler House that we are all saying oh you have to tear it down that is a favorite building for a lot of people. Apparently it is absolutely fascinating inside. The Chairman of the Historic District Commission had been promised he could go in and take photographs. They forgot to call him so they are going to try to get the photographs of the inside of the building. It was a complete power that powered the whole millyard. It is quite interesting. It turns out we are going to lose another fairly famous building because of the pathway. I’m trying to figure out how did this happen. When I ran for office two years ago I had been informed that it was a done deal, we couldn’t change it, it had all been approved, and I said well that being the case I will do whatever I can to make it worthwhile. Well I’m going to alter that position considerably. As you know I have a long history in my passion for preservation and I’ve asked at almost every meeting what about the smokestack, and would you believe that the very first thing they did having promised everyone that the smokestack wouldn’t be changed, the first thing they did was take off 15’. So now we find out not only is the smokestack in jeopardy, but the railroad station that is a one of a kind, is going to be chopped off. I took it upon myself to get a hold of the minutes that this was passed and it is really quite fascinating; in going through them I cannot find it, and the date was September 23, 2008, I cannot find a single place that anybody talked about the possibility of putting this pathway right through the industrial history of our city. It is pretty clear to me that the fact that they were ramrodding this through these historic buildings was not even talked about or considered. The other thing that I learned that was quite a shock to me is that there has been a lot of misunderstanding; where did this plan come from. Even Alderman LaRose, I found it in the minutes, he was under the impression that it started in the ‘80s, that this plan for the road fell from the sky in the ‘80s, and I was around at that time, and it had to do with air quality, and they had machinery at the Whiting block and they tested and they tested and the EPA and the Feds said if you Nashua want to get any federal money whatsoever, I think Alderman McNamee was around at that time too, if you wanted to get any federal money you had to create another river crossing. So low and behold the Planning Department brought forth this plan and we all sort of thought boy that was fast, where did that come from. Well just found out the plan that we are talking about building goes back to urban renewal back in 1968 and it is the national plan that has been sort of declared an absolute failure. In Nashua this was the last vestige of the plan that destroyed the Greek community, the Irish community I believe, and that we are now talking about Bd. of Aldermen – 12/13/11 Page 27 undoing all of those things. It was famous for destroying communities. Throughout this discussion we know that there have been many neighborhoods across the river that have complained bitterly that this would do great damage to their neighborhoods as it did to the Greek and Irish ones. It totally destroyed a big section of the Tree Streets. The irony for me is that this project that we have struggled with all of these years is the last vestige of an urban renewal project that the whole country has been dismantling and considered a failure because of all of the damage that it did. I feel it is not over until it is actually built and over. We absolutely must be able to say why can’t we go back to the original plan. The original route does not damage the millyard like this alternative does. In reading the minutes, it seemed to have been strictly a financial decision, they decided that they would save money. One consultant, Mr. Zizzi even said you will save on gas because of this. That is just crazy for us to destroy the heritage of our millyard when we can go back to the original plan. We bought the properties along there. It has already been started along the original path. Why it was switched it was unclear how it got switched. I don’t know if anybody ever voted on it being switched to go cut right through the millyard and wipe out these wonderful buildings. I don’t know how it happened, but it hasn’t been done yet and so I’m going to make a strong effort in the future, and I hope I will be joined by some of you, that we stop this very destructive path and that we go back to the original path. That would be a compromise for those who want this parkway. I have said many times if I had been voting I would not have voted for it. Maybe for those of you who did vote for it, maybe I would like to ask you did you have any idea when you voted for this that it was going to destroy the structures, very famous railroad building over there that is one of a kind, maybe the only one in the northeast. New York they said may have one of them. Did you have any idea, did anybody even mention the history of the millyard when this was voted on? I don’t see a single word in these minutes that anybody even thought about the history. I think the question needs to be asked of all of you these; Aldermen McCarthy, Wilshire, Clemons, LaRose, Tamposi, Cox, Tabacsko, Teeboom, Plamondon, and Bolton did any of you people know what you were destroying when you voted for this? I am going to do whatever I can, I know the Mayor is looking very angrily at me and I can understand that… Mayor Lozeau Please don’t determine what my facial expression is, it is pretty blank frankly. Alderman Pressly Well I think it is really important that we stop and take a look and see if we cannot put this back to the original plan. We have already purchased the land there. That is what Mr. Crombie started. We bought the buildings, we have started that pathway, we don’t have to destroy these buildings. They are not destroyed yet. Even the Boiler House they are still just mitigating the toxins. I’m pretty unhappy and I’m hoping I will be spending most of my holiday exploring ways to see if we can’t, at this stage, make some changes and save the buildings and alter this route so that it does not destroy to the extent that it is intended to. There are other ways to do it; we still have time to do that. Thank you very much. Alderman Deane Thank you. In that same vein, yesterday at the Board of Public Works meeting they approved a professional services contract with Fay, Spofford & Thorndike of Bedford, NH for the final design of the Broad Street Parkway in the amount of $1,527,043. The money is coming out of the bond account. That is the final design contract. It will have to go to Finance and since it exceeds…I guess if it makes it out of Finance approved then it has to be approved by the Board of Aldermen. That is correct isn’t it Alderman McCarthy? The Finance Committee doesn’t approve that and the Board of Aldermen… President McCarthy I don’t believe so if it is over a million dollars. Bd. of Aldermen – 12/13/11 Page 28 Alderman Deane Pardon me? President McCarthy I don’t believe they do if it is over a million dollars. Alderman Deane So it doesn’t matter whether the Finance Committee votes on that or not? President McCarthy I don’t know off the top of my head. Alderman Deane Would Attorney McNamee know that? James M. McNamee, Esq. I think the process that you have adopted is if it is over a million dollars it goes to the Finance Committee and then requires approval by the full board as well. Alderman Deane Okay. So the full board would have a say in that. Thank you. Merry Christmas to everyone as well. Alderman Craffey Thank you. I just want to wish everyone in the Chamber and the citizens of Nashua a very Merry Christmas and happy holidays. It will be a special Christmas for my wife and me as both of our sons are coming back from Iraq in the next week so it will be a very joyous Christmas at the Craffey house. I want to wish a Merry Christmas to those still serving overseas. Thank you. Alderman Clemons Just to briefly comment on what one of the previous speakers said; I absolutely knew what I was voting for when I voted for the Broad Street Parkway and I could not support nor would I recommend that this board support going down the original path of that parkway as it would cost millions of dollars more to do that to the taxpayer. In addition to that, the buildings that are being torn down, in my opinion not every old building is a historic building, some buildings are just old buildings that are eyesores and loaded with asbestos and toxins and they should be taken out, and that is what this plan is doing. We’re going to be using that space a lot better. I think if I had to go back to 2008 my vote on the Broad Street Parkway would be the same as it was back then today knowing what I know now. With that said, I would just like to wish all of my colleagues and everyone in the city happy holidays. Thank you. Bd. of Aldermen – 12/13/11 Page 29 President McCarthy I would also wish everyone happy holidays. Due to the 15 day period between the hearing and the meeting, we will be scheduling a special Board of Aldermen meeting on Thursday, January 5, 2012 to deal with that piece of legislation on the revenue fund. I apologize for that, but we can’t do much about what the statute says that is peculiar to creation of special revenue funds. I would also point out that we typically have a gathering after the meeting on the last meeting before Christmas. Our last meeting in December happens to fall after Christmas this year so we will be putting something together on the 27th. Details will be forthcoming. Committee announcements: Alderman Clemons There will be a special Personnel/Administrative Affairs Committee meeting on December 19th at 7:00 p.m. at the Nashua High School North Board Room. The reason for that is so that we can interview the new Pennichuck Board of Directors. The reason we are doing it at Nashua High School North is because there is more room there. I would encourage all members to come and participate in that discussion. It will be your chance to ask questions and to interact with the new board members. Again, that is December 19th at Nashua High School North at 7:00 p.m. Alderman Tabacsko We’ve got the Planning & Economic Development Committee meeting for next Tuesday night although I have a potential option for us in that regard. The one piece of legislation that is at that committee is R-11- 166, which has to do with the impact fees on the Coliseum senior housing project and to move to refund those. The City Planning Board has already made a favorable recommendation on that and it has been my experience at the Planning & Economic Development Committee that this is typically a fairly routine bit of legislation. It is certainly not lost on me the comments about doing things out of the standard routine, however given the time of year and the spirit of the holidays, in an effort to save people a potential trip to City Hall, I would be happy to make the motion to take this from committee if I thought there was any consensus that would make sense. I’m not interested in creating a big debate. It is a convenience for myself I will freely admit. I have a business opportunity that just came up this afternoon that I could take advantage of if we did this, but it would also be a convenience for not having a meeting that night. I am just kind of trying to gauge if that is a motion that might receive favorable consideration. MOTION BY ALDERMAN TABACSKO TO TAKE FROM COMMITTEE R-11-166 A Viva Voce Roll Call was conducted, which resulted as follows: Yea: Alderman Clemons, Alderman Craffey, Alderman Pressly, Alderman Dowd, Alderman Tabacsko, Alderman Melizzi-Golja, Alderman Cox, Alderman Sheehan, Alderman Wilshire, Alderman Chasse, Alderman Caron, Alderman McCarthy 12 Nay: Alderman Deane, Alderman Cookson 2 MOTION CARRIED Bd. of Aldermen – 12/13/11 Page 30 R-11-166 Endorser: Alderman Kathy Vitale REFUNDING THE IMPACT FEES PAID BY COLISEUM SENIOR HOUSING FOR HOUSING FOR THE ELDERLY PURSUANT TO NRO § 190-85 MOTION BY ALDERMAN TABACSKO FOR FINAL PASSAGE OF R-11-166 ON THE QUESTION Alderman Tabacsko I will just state this is the senior housing on Coliseum Drive. According to the fiscal note on the legislation, the amount of impact fees to be refunded to Coliseum Senior Housing is $13,900. In the analysis it tells us that under “NRO § 190-85, impact fees may be waived by the board of aldermen for a development of elderly housing that can be reasonably expected not to require additional educational facilities. This resolution would waive and refund the impact fees paid by the Coliseum Senior Housing for development of certain housing for the elderly at the Coliseum Seniors Residence off Coliseum Avenue and shown on a site plan of Sheet E Lot 760….” It calls for it to be referred to the Planning Board, which it was, and as I mentioned I happened to be able to watch the Planning Board meeting on television the other night, and I know that they did in fact make a favorable recommendation on that. Thank you. Alderman Clemons Thank you. This is just because they put that addition on the existing building that was up there, is that correct? Alderman Tabacsko That is my understanding. Alderman Clemons Okay. That building already had that tax exemption, this is just for the new portion of it? President McCarthy It is not a tax exemption, it is the… Alderman Clemons The impact fee. President McCarthy …it is the impact fee, which we collect. Alderman Clemons Thank you. Bd. of Aldermen – 12/13/11 Page 31 President McCarthy Is there any further discussion? A Viva Voce Roll Call was conducted, which resulted as follows: Yea: Alderman Clemons, Alderman Craffey, Alderman Deane, Alderman Pressly, Alderman Dowd, Alderman Tabacsko, Alderman Melizzi-Golja, Alderman Cox, Alderman Sheehan, Alderman Wilshire, Alderman Chasse, Alderman Caron, Alderman Cookson, Alderman McCarthy 14 Nay: 0 MOTION CARRIED Resolution R-11-166 declared duly adopted. President McCarthy Are there any further committee announcements? Alderman Wilshire The Human Affairs Committee will meet on Thursday, December 22, 2011 at 7:00 p.m. Alderman Deane Through you Mr. President to Alderman Tabacsko, what was the date of your Planning & Economic Development Committee meeting? Alderman Tabacsko Tuesday, December 20th. Alderman Deane A Budget Review Committee meeting on December 20th at 7:00 p.m. Did you get that Sue? Does that work? Do I get in everybody’s 15 day window? President McCarthy No we would have to go back and redo the votes on the 21st and it still doesn’t get us 15 days from the 27th. Alderman Deane What about the 23rd? President McCarthy Neither one of those get…the problem is that we have to have 15 days between that meeting, whenever it is, and… Alderman Deane Okay so I can do it on like the 3rd of January if I want? Bd. of Aldermen – 12/13/11 Page 32 President McCarthy No. There has to be 15 days after the public hearing before… Alderman Deane And the public hearing we set on? President McCarthy The 21st. Alderman Deane So it has to be within that 15 day window. President McCarthy The board meeting has to be more than 15 but less than 30 days after that hearing. Alderman Deane Okay. Nix my date. President McCarthy What is it you are trying to achieve? Alderman Deane Well I have two pieces of legislation that we have to deal with. If you want to deal with them during the next term we can do that. President McCarthy No, I assumed that we were going to have a Budget Committee meeting after the hearings on the 21st. Alderman Deane I didn’t want to do that. President McCarthy Okay. Alderman Deane I will talk to Sue and get a date after the meeting. President McCarthy Okay. Bd. of Aldermen – 12/13/11 Page 33 Alderman Sheehan Thank you. I wanted to announce that the next meeting for the Big Day of Serving in French Hill, which is on May 19th, will be at the Church of the Resurrection on December 19th at 7:00 p.m. The Big Day of Serving is a program that is coming into French Hill and servicing a city block where they are bring in between 500 and 1,000 volunteers to revitalize and rehab that area including three non-profits, private residences, and a city park in the course of one day. A lot of local people have wanted to get involved and there is an informational meeting for volunteers or people who are interested in volunteering. Again, it is at the Church of the Resurrection on Broad Street, December 19th at 7:00 p.m. Anyone is welcome to attend. Alderman Chasse I guess to my surprise the Finance Committee meeting on the 21st is at 6:30 p.m. Mayor Lozeau It is. Alderman Chasse Thank you. Unless you are cancelling yours now so it could be pushed back to 7:00 p.m.? Alderman Deane We haven’t scheduled anything. Alderman Chasse I thought earlier you scheduled something on the 21st. Alderman Craffey That was a public hearing. Alderman Chasse Public hearing at 7:00 p.m.? President McCarthy The hearings are currently scheduled for 7:00 p.m. If the Budget Committee meeting is not going to follow those two hearings we probably could move the Finance Committee meeting back to 7:00 p.m. because of the way they are scheduled, if people don’t mind waiting through the Finance Committee to the hearings, which I think are likely to be lightly attended. What is the preference of the board? Alderman Chasse I would just like to know, that is all it is because I have to make plans. I hate these last minute things when I didn’t check my e-mail and I didn’t find out the meeting was moved up. President McCarthy Does it cause a problem if the Finance Committee meeting is at 6:30 p.m. for you Alderman Chasse? Bd. of Aldermen – 12/13/11 Page 34 Alderman Chasse Just as long as I know in advance that it is concrete, and if I can’t make it I will let you know in advance. Alderman Cookson Thank you. I had a question with regard to a resolution that was referred to the Committee on Infrastructure. I know it was cancelled for tomorrow evening. Are there any plans to have a meeting of the Committee on Infrastructure prior to our last meeting on the 27th? Alderman Cox Not as of yet. Alderman Cookson I think the 20th is open. President McCarthy Are there any other committee announcements? Alderman Deane Before we leave, I think we would be remiss not to thank the soccer council for the overseeder that they gave the City. I saw the picture of the Mayor with the big check and everything in the paper, and I think we kind of hastily did it because we didn’t think there was any other budget legislation that was going to be out in front of us, but that is a nice piece of equipment. I talked with the Park Department and it is a good thing. The soccer council has donated a lot of money to the Park & Recreation although they have been responsible for lowering the soccer fields by 4 or 5” from compaction, but they have always come to the table to help maintain the facilities. I would just like to personally thank them. I think the rest of the board would want to thank them as well. ADJOURNMENT MOTION BY ALDERMAN DOWD THAT THE DECEMBER 13, 2011 MEETING OF THE BOARD OF ALDERMEN BE ADJOURNED A Viva Voce Roll Call was taken, which resulted as follows: Yea: Alderman Clemons, Alderman Craffey, Alderman Deane, Alderman Pressly, Alderman Dowd, Alderman Tabacsko, Alderman Melizzi-Golja, Alderman Cox, Alderman Sheehan, Alderman Wilshire, Alderman Chasse, Alderman Caron, Alderman Cookson, Alderman McCarthy 14 Nay: 0 MOTION CARRIED The meeting was declared adjourned at 9:15 p.m. Attest: Paul R. Bergeron, City Clerk