Aldermen, Board of

A regular meeting of the Board of Aldermen was held Tuesday, April 24, 2012, 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 Mary Ann Melizzi-Golja led in the Pledge to the Flag. President McCarthy Before I ask the Clerk to call the roll, Alderman Cookson is participating by telephone and under the terms of the state law that allows him to do that, he needs to explain why he can’t attend, if he can hear us, and who he is with, if anyone. Alderman Cookson I’m on a business trip and unable to attend the meeting this evening. Thank you for allowing me to call in in accordance with the state law. I am in hotel room by myself. Thank you. President McCarthy And we can hear you as well. The roll call was taken with 14 members of the Board of Aldermen present; Alderman Sheehan was recorded absent. Alderman Cookson was not in attendance but participated in the meeting via telecommunication. Her Honor Mayor Donnalee Lozeau and Deputy Corporation Counsel Stephen M. Bennett were also in attendance. REMARKS BY THE MAYOR This evening, I wanted to bring to the Board’s attention that coming in tonight hopefully under suspension of the rules for a first and second reading is the naming of a field at Veteran’s Memorial Park for Mr. Fred Lajoie. Both myself and Alderman Craffey had been working on this, talking to different folks and we really did not realize they had hoped to do this on Saturday when they have their opening day. So, hopefully the Board will look kindly upon that. Also, coming under suspension tonight but only for a first reading is the naming of the fields at Roby Park for Jeff Morin. I wanted to also mention and send out kudos to, I don’t know if any of you saw this but, Mr. Tim Perry, who is a new resident of Nashua was the first New Hampshire person to cross the finish line at the Boston Marathon, so I thought some of you might enjoy hearing that. Also, Earth Day and Arbor Day, as you know, has happened in the last week or so. I wanted to thank the students at Main Dunstable School. We had a wonderful celebration there planting their new Magnolia tree, which actually replaced a tree that they lost in the October storm. Also, I thought that you all might like to know that we had 112 students from Pennichuck Middle School that spent an hour and a half cleaning up Greeley Park, another hour and a half walking from Greeley Park to the boat ramp and off to Rancourt Park, cleaning trash on their way and they filled more than two dump trucks full of trash. I think the students were really excited about it and felt like it was a really good community service. I think they understand that it’s their neighborhood and our neighborhood and pitching in is really important so I thought I’d share some of that good news with the Board tonight. I thank you for your kind attention. Bd. of Aldermen – 04/24/12 Page 2 RESPONSE TO REMARKS OF THE MAYOR President McCarthy My only response would be I guess I wish we could get our community to understand the need to not disperse the trash in the first place. Before I begin with the agenda, I’m going to recognize Alderman Wilshire to make a motion to accept procedural motions without objection. MOTION BY ALDERMAN WILSHIRE 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 Wilshire, Alderman Dowd, Alderman Melizzi-Golja, Alderman Chasse, Alderman Caron, Alderman Moriarty, Alderman Donchess, Alderman Tabacsko, Alderman Deane, Alderman Vitale, Alderman Craffey, Alderman Cookson, Alderman Pressly, Alderman McCarthy 14 Nay: 0 MOTION CARRIED RECOGNITION PERIOD – None READING MINUTES OF PREVIOUS MEETINGS AND PUBLIC HEARING There being no objection, President McCarthy declared the minutes of the Board of Aldermen meetings of April 10 and April 11, 2012, and the public hearings conducted by the Human Affairs Committee of April 12, 2012, accepted placed on file and the readings suspended. COMMUNICATIONS There being no objection, President McCarthy declared that all communications be read by title only. From: Niles F. Jensen, Chairman, Woodlawn Cemetery Board of Trustees Re: Request for Joint Convention with Woodlawn Cemetery Board of Trustees There being no objection, President McCarthy accepted the communication, placed it on file and scheduled a joint convention with the Woodlawn Cemetery Board of Trustees for Tuesday, May 8, 2012, at 7:30 p.m. in the Aldermanic Chamber. From: Dick Gagnon, CMSg, LLC, Operating Nashua’s Public Access Station Re: Survey Results There being no objection, President McCarthy accepted the communication and placed it on file. From: Alderman-at-Large David W. Deane Re: Department 532 Anticipated Year End Surplus There being no objection, President McCarthy accepted the communication and placed it on file. Bd. of Aldermen – 04/24/12 Page 3 ON THE QUESTION Alderman Deane Mr. President, I would like that referred to the Budget Review Committee. President McCarthy And referred to the Budget Review Committee. Alderman Deane And while I have the floor, I’d like to withdraw my next communication. I was working on four pieces of legislation that I asked the legal department to cease and desist on. Therefore, prior to public comment, and there was no legislation handed out, I will not be bringing those pieces of legislation in. Thank you. From: Alderman-at-Large David W. Deane Re: Request for Suspension of Rules to Allow for the 1st Reading of Legislation Communication Withdrawn There being no objection, President McCarthy declared the rules so far suspended as to allow the introduction of a communication from Mr. Cutter and to accept it and place it on file. PERIOD FOR PUBLIC COMMENT RELATIVE TO ITEMS EXPECTED TO BE ACTED UPON THIS EVENING President McCarthy I would comment that we anticipate a second reading of R-12-35. Geoff Daly, 48 Walden Pond Drive, Nashua Good evening ladies and gentlemen. I’m sorry I look a bit burnt, I’ve just got back from Nevada, spent a couple of days out in the desert there. Tonight you are going to be talking about Alderman Donchess’ bill R-12-013. That is the preservation of the chimney in the Millyard. This I think is a great piece of legislation, and I think we need to get it done as quickly as possible, but I also want you to consider setting up a committee, maybe under Alderman Donchess’ guidance, to oversee what is done in the preservation of this chimney. Now during the past week I happened to have been with some of the top structural engineers in the nation, and we got to discussing the Millyard, and I showed them some of the pictures of the demolition that is currently going on. They said who was the idiot who decided to go and fill in what you are going take down, why didn’t you build over the top of it and make it part of the preservation that this bill here looks at preserving the chimney. You’ve all heard evidence prior, over many months, of the people saying well we’ve got no parking space. These engineers are building a 7 ¼ million sq. ft. facility, and I’m part of it, and these people know what they are doing, and I said to you weeks ago we’ve got composite materials that can be used to maintain that structure. Well one of the senior engineers said well we’re going to be building half the floors out of composite materials in this building. Why don’t we look, instead of backfilling this huge space now, why don’t we look at extending the bridge, and I understand we’ve just released another $977,000 to FST to design a bridge that b the way I went back and checked weeks ago, was paid for 15 years ago. Why are we paying more money to design a bridge that has already been designed? Why don’t we take that money and extend that bridge and Bd. of Aldermen – 04/24/12 Page 4 build it right over the hole that now exists next door to the chimney we’re going to preserve? It makes common sense, engineering sense. They were astonished that we’re going to knock down such a historic piece of boiler house. They said why don’t you just knock it down to the level where the boilers are and continue building part of your road structure over the top of it and preserve it. I want you to consider when you look at this amended bill, R-12-013, and take some of the money we’re going to preserve it with and utilization of citizens and engineers and we know there are a lot of them and the Mayor also knows I have offered my services on numerous occasions to this city at no cost, and you’re paying these “consultants” hundreds of thousands of dollars if not millions of dollars and at the end of the day does the City really get what it wants? To be honest with you, no. We know what happened in the high school and you know President McCarthy what I found and what I ended up managing to save this city at the end of the day. So I’m asking you again if Alderman Donchess would like to head up or supervise or advise some committee people, I know there would be a lot of people step forward to help not only preserve the chimney but even look at working with FST to continue the bridge right across that open space instead of backfilling it. I don’t think we need to do that. We can then preserve some of what we’ve got in the city without destroying it. I understand that the main steam turbine is actually in the building that is not going to get knocked down, it is only the secondary turbine that is in the main boiler house. As far as the chimney is concerned, I don’t know if this new finding of asbestos is near the chimney or not. I would like to know because the Chairman of the Historic Commission was never allowed inside the Boiler House. He was stopped at the back entrance. So we don’t know what is really inside it. I will again ask the Mayor, and I will sign whatever paperwork it is, to be allowed inside to look at where this asbestos is because if it is close to where the chimney is, which is what I’ve been told it may be, we’ve got to make sure that nobody goes and damages anything. This bill you are going to look at tonight is very important. This is part of Nashua and we cannot, after all of this time, afford any damage to occur. So I’m again asking you Mayor let me in. I will sign whatever paperwork you need and I would like to go and see where this asbestos is because I’ve been told it is near the chimney. Thank you. PETITIONS – None NOMINATIONS, APPOINTMENTS AND ELECTIONS – None REPORTS OF COMMITTEE Budget Review Committee ................................................................... 04/16/12 There being no objection, President McCarthy declared the report of the April 16, 2012 Budget Review Committee accepted and placed on file. Finance Committee ............................................................................ 04/04/12 There being no objection, President McCarthy declared the report of the April 4, 2012 Finance Committee accepted and placed on file. Human Affairs Committee .................................................................... 04/12/12 There being no objection, President McCarthy declared the report of the April 12, 2012 Human Affairs Committee accepted and placed on file. Bd. of Aldermen – 04/24/12 Page 5 Human Affairs Committee .................................................................... 04/18/12 There being no objection, President McCarthy declared the report of the April 18, 2012 Human Affairs Committee accepted and placed on file. Committee on Infrastructure ................................................................. 04/04/12 There being no objection, President McCarthy declared the report of the April 4, 2012 Committee on Infrastructure accepted and placed on file. Committee on Infrastructure ................................................................. 04/11/12 There being no objection, President McCarthy declared the report of the April 11, 2012 Committee on Infrastructure accepted and placed on file. Technology Use Assessment Ad Hoc Committee ................................ 04/12/12 There being no objection, President McCarthy declared the report of the April 12, 2012 Technology Use Assessment Ad Hoc Committee accepted and placed on file. WRITTEN REPORTS FROM LIAISONS Nashua Regional Planning Commission .............................................. 04/20/12 There being no objection, President McCarthy declared the liaison report of the April 20, 2012 Nashua Regional Planning Commission accepted and placed on file. CONFIRMATION OF MAYOR'S APPOINTMENTS – None UNFINISHED BUSINESS – RESOLUTIONS R-12-13 Endorsers: Alderman-at-Large Jim Donchess Alderman Diane Sheehan Alderman Arthur T. Craffey, Jr. Alderman-at-Large David W. Deane Alderman Mary Ann Melizzi-Golja Alderman Daniel T. Moriarty Alderman-at-Large Barbara Pressly Alderman-at-Large Mark S. Cookson REGARDING THE PRESERVATION OF THE NASHUA MILLYARD CHIMNEY Given its second reading; MOTION BY ALDERMAN DONCHESS TO AMEND R-12-13 IN ITS ENTIRETY BY REPLACING IT WITH THE GOLDEN ROD COPY PROVIDED WITH THE AGENDA ON THE QUESTION Alderman Chasse Could the endorser of the resolution please state the difference between the original versus the amended for the residents of Nashua? Thank you. Bd. of Aldermen – 04/24/12 Page 6 Alderman Donchess The resolution as you see it, although originally sponsored by me became basically a collaborative effort. What we did was the principal amendment is down in the “now therefore” paragraph. The resolution paragraph. As originally proposed it flatly stated that the chimney be preserved. In working with the Infrastructure Committee with input from President McCarthy and Alderman Tabacsko, in the context of the committee meeting, we came up with language which basically establishes first of all that this is an important structure; that was originally there. But we added language suggesting that; the next clause says that the Board of Aldermen has authority to determine what happens with the Millyard chimney. That thought was originally there. Then the next clause suggests that we encourage the development of a proposal to maintain the Nashua Millyard chimney at its current height. That takes into account the fact that cost could be a factor and the committee would like to see the cost of various alternatives before making a final decision. The resolution, I think, as originally proposed suggested simply suggested it should be maintained and did not include the cost factor. Then the final clause suggests that the Board of Aldermen intends to make the final decision. I think that thought was in the original resolution. The main change is that we are encouraging, rather than requiring, the development of a proposal to maintain the chimney at its current height. Others had input into that amendment so if they have different or additional thoughts, they could add them. Alderman Chasse I understand your resolution. The only problem I have is what you are doing here is you are saying the Board of Aldermen is going to have the authority to say what is going to happen with the chimney. If we have a bunch of construction engineers that come in and say this chimney has got to come down because of hazard or whatever; it is not up to standards, it won’t be able to take the high winds, these guys go to school, these guys are engineers, and now you are giving the authority to the Board of Aldermen to say we want to keep it up there. I’m not a construction engineer, I’m in the accounting field and you are in the field of being a lawyer. What I’m saying is if there are people that have these degrees that have been to school, and say it is not sound and it has got to come down for the safety of the individuals especially after we build the Broad Street Parkway; if that thing falls down and hits a few of the cars or hurts somebody the City could be in for a real good lawsuit. I don’t want to see the chimney come down first of all. I understand that, but I think we’re stepping out of our bounds here. I don’t feel comfortable saying the chimney is going to stay there especially if it becomes a safety issue. Alderman Donchess Yes Alderman Chasse, this does not establish that the Board of Aldermen has authority over the chimney. What it states is the existing reality, which is that the Board of Aldermen already has authority to decide what to do with the chimney because under Section 48 of the Nashua City Charter, under New Hampshire RSA 47 Section 5, which is incorporated into the Nashua City Charter, and under Nashua Revised Ordinances Section 5.4, the Board of Aldermen has authority to make decisions regarding the disposition of any city property. This has been city property since 1991. Under Charter and State law and City Ordinance the Board of Aldermen does have the decision, and this merely states that. Why does it state it, because it seemed to be moving in the direction that someone other than the Board of Aldermen was going to make the final decision, and it seemed to me that since we do have legal authority here we should assume that authority and make the decision. In terms of the safety issue, I think that there are 15 people here all of whom are reasonable, and in the end I’m sure the decision of professionals that know a lot about this area will have a great influence on what the Board decides. I think you are proposing a situation that is not going to exist. I don’t think someone is going to Bd. of Aldermen – 04/24/12 Page 7 come in and say that the chimney cannot be saved, I think it will be an issue of cost. What this suggests is that the Board, through a majority vote, will decide whether it is worth expending those funds. I believe it should be saved because I think it is an important symbol for the city, but it is still the first principle here is that the decision needs to be made by a majority vote of the Board. If someone came forward and said that it is impossible to save it, I don’t think that is going to happen, then we would have to think about what to do with that. But I think you’re worried about something that is very unlikely to occur. Alderman Tabacsko Just to follow-up on that; I guess from my own personal interpretation, this basically just gathers the cost and brings that back to the Board to make that determination if we can afford to restore it and preserve it. That is how I interpreted the discussion that night, and maybe Alderman Donchess wants to comment further on that, but that was my interpretation. President McCarthy My understanding of the situation with regard to the Charter and the State law is even if it has to come down, this board has to vote to do that because we are responsible for lands and buildings owned by the City. Alderman Donchess I was just going to follow up on Alderman Tabacsko; yes I think I understand it essentially as he has stated it. Again, the reason for indicating the obvious point that President McCarthy just stated that the Board of Aldermen has authority here was that it seemed that the Board might not be, the way the flow was going maybe the Board of Aldermen wasn’t going to make the decision. The first point was to establish that we have legal authority over this piece of city property and then from there we developed the idea that we would like to encourage, subject to further review, when the alternatives are developed, the preservation of the chimney at its current height or at a higher height if that is possible, to be determined by a majority vote of the Board of Aldermen. President McCarthy Is there any further discussion of the motion to amend? A Viva Voce Roll Call was taken, which resulted as follows: Yea: Alderman Wilshire, Alderman Dowd, Alderman Melizzi-Golja, Alderman Chasse, Alderman Caron, Alderman Moriarty, Alderman Donchess, Alderman Tabacsko, Alderman Deane, Alderman Vitale, Alderman Craffey, Alderman Cookson, Alderman Pressly, Alderman McCarthy 14 Nay: 0 MOTION CARRIED MOTION BY ALDERMAN DONCHESS FOR FINAL PASSAGE OF R-12-13 AS AMENDED Bd. of Aldermen – 04/24/12 Page 8 A Viva Voce Roll Call was taken, which resulted as follows: Yea: Alderman Wilshire, Alderman Dowd, Alderman Melizzi-Golja, Alderman Chasse, Alderman Caron, Alderman Moriarty, Alderman Donchess, Alderman Tabacsko, Alderman Deane, Alderman Vitale, Alderman Craffey, Alderman Cookson, Alderman Pressly, Alderman McCarthy 14 Nay: 0 MOTION CARRIED Resolution R-12-13 declared duly adopted as amended. R-12-23 Endorsers: Alderman Diane Sheehan Alderman Mary Ann Melizzi-Golja Alderman Daniel Moriarty Alderman June Caron Alderman Richard A. Dowd Alderman Arthur T. Craffey, Jr. Alderman Kathy Vitale AUTHORIZING THE MAYOR TO APPLY FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT, FISCAL YEAR 2013 Given its second reading; MOTION BY ALDERMAN MELIZZI-GOLJA FOR FINAL PASSAGE OF R-12-23 ON THE QUESTION Alderman Melizzi-Golja At our meeting, I think every member of the committee commented that we were sad we didn’t have more money, more funds to award and fulfill some of the other requests. We wanted to thank the community agencies who had applied, both those who had received funding and those who had not, and recognize that all of them provided a very important service in the community. Alderman Deane Once we approve this, I’m just looking at this neighborhood impact imitative, this is for neighborhood revitalization. I’m of the understanding that it’s being used up in the French Hill area when all these folks come to help clean and it’s going to cover the cost of that. Is that what it is being used for? Alderman Wilshire The current Community Development Block Grant has funding. That’s not included in this. This would be for a new imitative. Alderman Deane So this $10,000 is for next year? Bd. of Aldermen – 04/24/12 Page 9 Alderman Wilshire Yes. Alderman Deane Do we know if it is happening next year? Alderman Wilshire I’m not aware of whether it is or not. My understanding is they are going to try to make it an annual event, but I don’t know any further about that. A Viva Voce Roll Call was taken, which resulted as follows: Yea: Alderman Wilshire, Alderman Dowd, Alderman Melizzi-Golja, Alderman Chasse, Alderman Caron, Alderman Moriarty, Alderman Donchess, Alderman Tabacsko, Alderman Deane, Alderman Vitale, Alderman Craffey, Alderman Cookson, Alderman Pressly, Alderman McCarthy 14 Nay: 0 MOTION CARRIED Resolution R-12-23 declared duly adopted. R-12-24 Endorsers: Alderman-at-Large Lori Wilshire Alderman Diane Sheehan Alderman Mary Ann Melizzi-Golja Alderman Daniel Moriarty Alderman June Caron Alderman Arthur T. Craffey, Jr. Alderman Richard A. Dowd AUTHORIZING THE MAYOR TO APPLY FOR THE HOME INVESTMENT PARTNERSHIPS GRANT, FISCAL YEAR 2013 Given its second reading; MOTION BY ALDERMAN WILSHIRE FOR FINAL PASSAGE OF R-12-24 A Viva Voce Roll Call was taken, which resulted as follows: Yea: Alderman Wilshire, Alderman Dowd, Alderman Melizzi-Golja, Alderman Chasse, Alderman Caron, Alderman Moriarty, Alderman Donchess, Alderman Tabacsko, Alderman Deane, Alderman Vitale, Alderman Craffey, Alderman Cookson, Alderman Pressly, Alderman McCarthy 14 Nay: 0 MOTION CARRIED Resolution R-12-24 declared duly adopted. Bd. of Aldermen – 04/24/12 Page 10 R-12-25 Endorsers: Alderman Michael J. Tabacsko Alderman Kathy Vitale Alderman Diane Sheehan Alderman-at-Large Lori Wilshire Alderman Richard A. Dowd Alderman Mary Ann Melizzi-Golja Alderman Daniel T. Moriarty Alderman-at-Large Brian S. McCarthy Alderman-at-Large Jim Donchess APPROVING THE COST ITEMS OF A COLLECTIVE BARGAINING AGREEMENT BETWEEN THE NASHUA BOARD OF FIRE COMMISSIONERS AND LOCAL #789, INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS FROM JULY 1, 2011 THROUGH JUNE 30, 2013 AND AUTHORIZING THE TRANSFER OF $47,730 FROM ACCOUNT #597- 86605 “CONTINGENCY-NEGOTIATIONS” INTO ACCOUNT #532-11915 “FIRE-PAYROLL ADJUSTMENTS” Given its second reading; MOTION BY ALDERMAN TABACSKO FOR FINAL PASSAGE OF R-12-25 ON THE QUESTION Alderman Tabacsko I just wanted to mention that I had a phone conversation with Commission Paul Garant yesterday. He really wanted to be here to speak at public comment in support of this. Unfortunately he had a medical situation and was unable to attend tonight. He just wanted me to assure the board that he’s here in spirit and that he is fully in favor of this. I see that the members of the Local are here as well. I just think that this is a good contract, and I urge my colleagues to join me in voting in favor. Thank you. Alderman Chasse I have a question through you to the Mayor, please. Mayor Lozeau I know that the retroactive portion of this is not to the same date as the city school custodians. Is there going to be any compensation returned to them or is there any other allocations to the individuals? The custodians? Mayor Lozeau Alderman Chasse, I’m not sure if you were able to be here the night that I did a presentation. I think you were not. Alderman Chasse I think I was in Florida. Mayor Lozeau Well I wasn’t going to say that. It’s unfortunate because it was riveting. Alderman Chasse I wasn’t calling in. Bd. of Aldermen – 04/24/12 Page 11 Mayor Lozeau I actually did a presentation relative to the other unions and what the status was. What I proposed that evening and the way that I could support the fire contract was to in essence the easiest way to describe it is to reset the date to October 1st. We have sidebar agreements that we’re hoping that the library and the schools take up with their employees. Under that it’s our intention should this board support it and the employer boards support it and the unions support it that we would not send compensation back per se but they would get what would be like a health care holiday where they may not have to pay that increase cost for a period of time. That’s what we’re looking at. I’m hopeful also that by resetting the date to October 1st the remaining unions that have not come to the table that are at impasse may be more inclined to move with that being closer to the striking distance than July. But I thought it was important to not penalize the employees that came in early and at the same time try to move forward. But I also did point out that evening that I think it’s important that every contract that comes in from this date forward has October 1st. I hope that answers your question. Alderman Chasse Thank you. A Viva Voce Roll Call was taken, which resulted as follows: Yea: Alderman Wilshire, Alderman Dowd, Alderman Melizzi-Golja, Alderman Chasse, Alderman Caron, Alderman Moriarty, Alderman Donchess, Alderman Tabacsko, Alderman Deane, Alderman Vitale, Alderman Craffey, Alderman Cookson, Alderman Pressly, Alderman McCarthy 14 Nay: 0 MOTION CARRIED Resolution R-12-25 declared duly adopted. R-12-28 Endorsers: Mayor Donnalee Lozeau Alderman-at-Large Lori Wilshire Alderman Diane Sheehan Alderman Arthur T. Craffey, Jr. Alderman Kathy Vitale Alderman Mary Ann Melizzi-Golja RELATIVE TO THE ACCEPTANCE AND APPROPRIATION OF A $2,480,000 LEAD-BASED PAINT HAZARD CONTROL GRANT FROM THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT Given its second reading; MOTION BY ALDERMAN WILSHIRE FOR FINAL PASSAGE OF R-12-28 A Viva Voce Roll Call was taken, which resulted as follows: Yea: Alderman Wilshire, Alderman Dowd, Alderman Melizzi-Golja, Alderman Chasse, Alderman Caron, Alderman Moriarty, Alderman Donchess, Alderman Tabacsko, Alderman Deane, Alderman Vitale, Alderman Craffey, Alderman Cookson, Alderman Pressly, Alderman McCarthy 14 Bd. of Aldermen – 04/24/12 Page 12 Nay: 0 MOTION CARRIED Resolution R-12-28 declared duly adopted. R-12-30 Endorsers: Mayor Donnalee Lozeau Alderman-at-Large Brian S. McCarthy Alderman Michael J. Tabacsko Alderman-at-Large Lori Wilshire Alderman Diane Sheehan Alderman Arthur T. Craffey, Jr. Alderman Kathy Vitale Alderman-at-Large Barbara Pressly Alderman Mary Ann Melizzi-Golja RELATIVE TO THE ACCEPTANCE AND APPROPRIATION OF A $6,500,000 CONGESTION MITIGATION AND AIR QUALITY PROGRAM GRANT FOR PARK AND RIDE FROM THE U.S. FEDERAL HIGHWAY ADMINISTRATION AND THE NEW HAMPSHIRE DEPARTMENT OF TRANSPORTATION Given its second reading; MOTION BY ALDERMAN TABACSKO FOR FINAL PASSAGE OF R-12-30 ON THE QUESTION Alderman Deane Where is the second location? Mayor Lozeau There has not been a second location determined. Initially, I think you might recall, Alderman Deane, there was talk about it being on Daniel Webster Highway. Alderman Deane That was a number of years ago. Mayor Lozeau Going forward, I think it’s going to depend on what happens at Exit 36 South and what else might be there. Alderman Deane So this is the money to put the train station on Crown Street. Mayor Lozeau This is the money to purchase a park and ride and potentially for a train station on Crown Street. That’s correct. Bd. of Aldermen – 04/24/12 Page 13 Alderman Moriarty I believe there’s a second half. There’s another resolution associated with purchasing actual land. What happens if that resolution fails? How does this, what happens to 12-30? Mayor Lozeau I wouldn’t sign the contract. As I said to the committee as well, we’re not quite certain that the state is going to take that before the Executive Council right now. As you know, we have a bit of a challenge ahead of us there. But I thought that it was important for the process to move forward and for them to see that we’re still interested in making some of this headway. So it’s going to depend on DOT signing their end. That came to us prior to the executive council vote where they did not pass the rail study so there are conversations that I am involved with with Councilor Wheeler and the state to see if they are going to move forward with this. Alderman Moriarty I guess you answered a different question, but to full disclosure to the audience that weren’t watching the Human Affairs Committee, I voted for this at the Human Affairs Committee so I recommended but just clarifying what I mean is if we do receive the $6.5 million but we don’t purchase the land on Crown Street what happens to that money, the $6.5 million? Mayor Lozeau We still have it. Alderman Moriarty We can hold on to it? Mayor Lozeau We can pick other sites. A Viva Voce Roll Call was taken, which resulted as follows: Yea: Alderman Wilshire, Alderman Dowd, Alderman Melizzi-Golja, Alderman Chasse, Alderman Caron, Alderman Moriarty, Alderman Donchess, Alderman Tabacsko, Alderman Deane, Alderman Vitale, Alderman Craffey, Alderman Cookson, Alderman Pressly, Alderman McCarthy 14 Nay: 0 MOTION CARRIED Resolution R-12-30 declared duly adopted. UNFINISHED BUSINESS - ORDINANCES O-12-07 Endorser: Alderman Michael J. Tabacsko AUTHORIZING STOP SIGNS ON COLONIAL AVENUE AND CAPE AVENUE AT THEIR INTERSECTION WITH COUNTRYSIDE DRIVE Given its second reading; Bd. of Aldermen – 04/24/12 Page 14 MOTION BY ALDERMAN TABACSKO FOR FINAL PASSAGE OF O-12-07 A Viva Voce Roll Call was taken, which resulted as follows: Yea: Alderman Wilshire, Alderman Dowd, Alderman Melizzi-Golja, Alderman Chasse, Alderman Caron, Alderman Moriarty, Alderman Donchess, Alderman Tabacsko, Alderman Deane, Alderman Vitale, Alderman Craffey, Alderman Cookson, Alderman Pressly, Alderman McCarthy 14 Nay: 0 MOTION CARRIED Ordinance O-12-07 declared duly adopted. NEW BUSINESS – RESOLUTIONS R-12-32 Endorsers: Alderman Richard A. Dowd Alderman Mary Ann Melizzi-Golja APPROVING THE COST ITEMS OF A COLLECTIVE BARGAINING AGREEMENT BETWEEN THE NASHUA BOARD OF EDUCATION AND THE NASHUA TEACHERS’ UNION, LOCAL #1044 AFT, AFL-CIO, UNIT B PARAPROFESSIONALS FROM JULY 1, 2012 THROUGH JUNE 30, 2014 Given its first reading; assigned to the BUDGET REVIEW COMMITTEE by President McCarthy R-12-33 Endorser: Alderman Mary Ann Melizzi-Golja AUTHORIZING THE CITY OF NASHUA TO ENTER INTO AN OFFICE SPACE LEASE AGREEMENT WITH GREAT AMERICAN DOWNTOWN Given its first reading; assigned to the FINANCE COMMITTEE by President McCarthy R-12-34 Endorser: Mayor Donnalee Lozeau RELATIVE TO TRANSFERS AND APPROPRIATIONS OF $740,000 INTO THE CAPITAL EQUIPMENT RESERVE FUND (CERF) Given its first reading; assigned to the BUDGET REVIEW COMMITTEE by President McCarthy There being no objection, President McCarthy suspended the rules to allow for the first reading of resolutions received after the agenda was prepared. R-12-35 Endorsers: Mayor Donnalee Lozeau Alderman Arthur T. Craffey, Jr. NAMING CENTRAL CAL RIPKEN MAJORS FIELD AT VIETNAM VETERANS MEMORIAL PARK “FRED LAJOIE FIELD” Given its first reading; There being no objection, President McCarthy suspended the rules to allow for the second reading of R-12-35. Resolution R-12-35 given its second reading; Bd. of Aldermen – 04/24/12 Page 15 MOTION BY ALDERMAN CRAFFEY FOR FINAL PASSAGE OF R-12-35 A Viva Voce Roll Call was taken, which resulted as follows: Yea: Alderman Wilshire, Alderman Dowd, Alderman Melizzi-Golja, Alderman Chasse, Alderman Caron, Alderman Moriarty, Alderman Donchess, Alderman Tabacsko, Alderman Deane, Alderman Vitale, Alderman Craffey, Alderman Cookson, Alderman Pressly, Alderman McCarthy 14 Nay: 0 MOTION CARRIED Resolution R-12-35 declared duly adopted. R-12-36 Endorsers: Mayor Donnalee Lozeau Alderman Mary Ann Melizzi-Golja NAMING THE ROBY PARK FIELDS THE “JEFF MORIN FIELDS AT ROBY PARK” Given its first reading; assigned to the PERSONNEL/ADMINISTRATIVE AFFAIRS COMMITTEE and the BOARD OF PUBLIC WORKS by President McCarthy NEW BUSINESS - ORDINANCES O-12-09 Endorser: Alderman Mary Ann Melizzi-Golja AMENDING THE ORDINANCE REGARDING THE HUNT MEMORIAL BUILDING BOARD OF TRUSTEES Given its first reading; assigned to the PERSONNEL/ADMINISTRATIVE AFFAIRS COMMITTEE by President McCarthy PERIOD FOR GENERAL PUBLIC COMMENT James Cutter, 86 Palm Street, Nashua This is to Alderman-at-Large Brian McCarthy and the rest of the Board. Dear Alderman McCarthy, Only Alderman Caron, Donchess, Dowd and Moriarty have not heard me speak about our problem. For over two years in these chambers, I have read to you, Mayor Lozeau and City Attorney McNamee statutes that apply to it. The problem is city building inspectors approved two building permits for 88 Palm Street that had a boundary line that was not the same as on the deed. Since they were approved by city officials our neighbors were convinced they owned a three-foot wide strip of our driveway and clothesline curtilage area and installed a fence. City Attorney McNamee continuously avoids the building permits to get the city out of correcting our problem. Our neighbors should be ordered to return our land to us because there is no statute of limitation with curtilage. See, RSA 627:9(I), Cartilage and RSA 626:3, Effect of ignorance or mistake. Mayor Lozeau has credited Alderman Deane for making her a better mayor. In our opinion, if she truly wants to be a better mayor, she needs to take care of us, a couple of senior citizens. If Mayor Lozeau does not feel like it, we are requested the Board of Aldermen to Act. Sincerely, Geoff Daly, 48 Walden Pond Drive, Nashua. I have an ongoing concern with the interviews, the comments that have come from the administration within this city concerning Parcel F. As I said, the past week I’ve been out in Nevada. I’ve had no telephone, I’ve had the occasional use of e-mail. I read today I quote from the Telegraph “Lozeau participated in 19 of those discussions excluding a period from December 2010 to September 2011, and said subject from the beginning Bd. of Aldermen – 04/24/12 Page 16 revolved around convincing Slattery not to develop the land.” We have had our Mayor on numerous occasions state in public she has been in negotiations for over a year. We find out that these negotiations were done by Mr. Patenaude and Mr. McNamee with her being involved partly, but not for a period of time from December 2010 to September 2011. Ladies and gentlemen I came in front of you and the Conservation Commission last July. The Mayor said she was in negotiation. I’m sorry Mayor you must have either forgotten that you weren’t or you were. Then we go to February’s audio/video where again we learn oh no the piece of land, which is in the O-96-06 is not included in the purchase and sale to North Concord Properties. Ladies and gentlemen have you been out and see the devastation, which by the way the Planning Board stated in parts of their stipulations there was to be a buffer. I have the Pennichuck drawing showing a tree buffer around the tank. There is nothing there. President McCarthy even stated last year and this year, you won’t see the tank. You can see it from Henri Burque Highway, and again I repeat Henri Burque Highway. Plus the Mayor negotiated a 75’ buffer and a realignment of the homes on that property. They did not measure the buffer and I have discussed this extensively before I left with the Planning Department. They know nothing about what the Mayor negotiated. They haven’t received the plan that you were shown. They are saying it is 40’. Well on your own documents, and I’m going to repeat this again for the umpteenth time, this is in your own document that is sitting out in that hallway concerning wetlands and wetland buffer requirements, and it is under Article 10, Table 112-; all wetlands shall be delineated in the field by a New Hampshire Certified Wetland Scientist per local and state regulation. There are 9 RSAs covering this by the way including several NROs and WVEs. Prime wetlands of which the Pennichuck Brook, Bowers Pond, Harris Pond, Holts Pond, Pennichuck Pond, Supply Pond, asterisk at the end; protection extends to their wetlands. Ladies and gentlemen the wetlands include the bog. So it is not 40’ it is 75’. Okay the Mayor got 75’. Mr. Slattery is now right in to an area where he has cut within 55’ of the water, he has pulled stumps out, and there has been tremendous erosion and washoff over these last couple of days because you’ve now got an unstable soil. I want you to ask the Mayor tonight, and I’m pleading with you, I know you say I can’t ask the Mayor a question, but I’m asking you to ask the question; who is renegotiating the ordinance and are we going to be deeded with the property, and when is it going to take place and who in the city is going to enforce the 75’ buffer that the Mayor negotiated with Mr. Slattery. If he wants to thumb his nose at the city it is this Chamber who has the right to turn around and say you bypassed us on the ordinance, you are not going to bypass us on this. And I think you also should make sure that he puts trees back up so that that tank, which is 192’ in diameter and 56’ at the center, is hidden from Henri Burque Highway. We’ve let this man bulldozer you and dupe you. And I would also like to bring to your attention, and there is another person sitting here and I know she didn’t sign up tonight, there have been no police officers, no state troopers, no flag men on Concord Street whilst Continental Paving were ripping up and putting in the sewer lines. I got numerous e-mails. One came from a very irate owner of property on Rancourt; took them ten minutes to get out onto Concord Street, and no assistance, no help from Continental Paving. I understand within our own building code and requirements, when you start digging on a public highway you need appropriate enforcement, and it is normally either a flag person, a state trooper, or a city police officer. That has not happened at all for the past 11 days of operation on Concord Street if not maybe longer. The mess down there is awful. But coming back on this tree cutting, Mr. Marino issued a Intent to Cut from April this year to December. He clear-cut that whole 14.5 acres between April 1st and April 7th. Something doesn’t match up here. When the city Planning Department go on site and they find that he has cut into the approved 75’ that the Mayor negotiated and they didn’t know anything about it. You all need to ask the question why not. Why was the Planning Department not aware of what the Mayor had negotiated, and she presented you the revised plans. Bd. of Aldermen – 04/24/12 Page 17 They don’t have those. We’re going to have an incredible problem, and as I said to you the other day, I think we have all been duped because Mr. Slattery’s best friend owns Clovelly Apartments, and they’ve got a lot of people who are not going to resign their leases and they are moving out. What a ploy. They will flatten it and then they will rebuild on it with Mr. Slattery getting what he wants. That’s why, and it is hearsay on my part, but I was told that the Mayor knew on Friday before the public hearing that the offer of the $4.8 million had been withdrawn, it was taken off the table. So you had all of these public people stand up in public and make a statement and then Mr. Westgate stands up and reads out 9 pages …audio inaudible… of BS. It is an insult, an absolute insult to this city and to this Chamber. But all of this has gone on and the people are the losers. As Alderman Deane said, we either buy it now or we live with it. Well looks like we are going to live with it, but you have the right to demand that the Planning Board and the Zoning Board rules and regulations be adhered to. The fact that the Conservation Commission was bypassed just adds to the problem. I have been in communication with the National Heritage Bureau at the State of New Hampshire. The Chief Botanist recognizes the bog as a Kettle bog and I told you the other day that is 18,000 years old, 18,000. The nearest one to us is Ponemah. The other one is down in Durham and they are guarded. They are guarded very very carefully. The Audubon Society have people who patrol around it just picking up because the average public person can’t be bothered to carry in and carry out. Here we have a bog that could have been exemplary but it is not because back when they developed Clovelly Apartments nobody knew what we know today. But now we’ve got the chance to make sure if Mr. Slattery does continue on doing what he is doing he is going to do it to the letter of the law. I will tell you right now Mr. Harry Stewart from the DES will be probably visiting that site in the new few days. Commissioner Burack has been informed as well. Believe me when you read the State code, the State code overrides everything that you do in this Chamber, and it is in there. So you’ve got a chance again to stop Mr. Slattery thumbing his nose at the city and again in the negotiations that we were told the Mayor was going to continue on with, the bog should be deeded to the Conservation Commission, that parcel where the playing field is including the access road gets deeded to the City. Then if he wants to continue on developing, he develops exactly as per the State and City codes. That includes not re-contouring any of the land. How that got changed in the ZBA requirements from 2004 I don’t know because in the 2004 stipulation it said there will be no regarding, no re-contouring of lot 51-8 including dredge and fill. I’ve looked at the plans in the development department. They are going to have to push dirt to the depth of over 30 feet and about 190 to 200 feet wide. It has to be compacted. I spoke with the people up in Concord. They had no idea that 6.5 million gallon tank was there. I come back and say the AoT was deficient and incomplete. It wasn’t misleading; the basic work that was submitted was good, but it was incomplete and deficient due to the fact it didn’t show that tank. Not only that, within the code it says you cannot change any topography that will effect the flow of water. Now I know everybody said oh well the water all flows to the Pennichuck. No it doesn’t. It flows in three directions actually, and I will come back and say I spent 7 years at London University studying dendritic hydrology so I do know what I’m talking about. I’ve had my disagreements with Commissioner Gillespie and we’ve come to a sort of general opinion on that. But ladies and gentlemen Mike McCloskey who is looking after Beazer is now finding some of the material from Beazer is actually creeping back when the water rises and falls on the river. They discovered possibly, and they’ve got to check it, there may be material underneath the railroad tracks. What do we do then? It is just like somebody dumped some oil from that development, doesn’t go down the drain, goes onto the grass, it is eventually going to get into the watershed. That parcel of land lays within the watershed. But I come back again to these articles where the Mayor is quoting various things. I’ve got a huge problem; who do I trust. I want you tonight to ask full timeline. This doesn’t give a timeline, really doesn’t. And who was Bd. of Aldermen – 04/24/12 Page 18 in the negotiations for the ordinance side? Again I come back I have asked the Mayor to be part and parcel of certain things to help out. I will do it for free. I’m not charging. I feel that is, as a citizen, that is part of my duty. There are about 4 or 5 other people that have said the same thing. A couple of them are a little shy to come forward and do it. Yeah I have been accused of grandstanding; maybe, but you are the keeper, you are the fiscal people of the money. The Mayor, the President, and the Legal Department are the fiduciary side for the viability of the City. Right now the city’s viability is in danger, great danger. Think carefully as you close tonight about asking some of the things I’ve raised. It may be out of the ordinary that you would do this, but I think it behooves you. If you haven’t been up and seen, I know Alderman Caron has been up there and she luckily got the people to stop the barbwire being put up on the fence, totally against city ordinance, not allowed to do it, and I congratulate Alderman Caron for doing that. Otherwise you would be sitting there now with barbwire all around that whole facility. But they’ve still got the angled pieces on there but nobody from the city departments; Planning Department or Building Department told them take them down and put the proper caps on. That is why I say you’ve got to ask questions and get answers because he is plowing ahead. He is already laying roads I understand in from the Pennichuck end of the facility. Again, you’ve got another chance to really rectify some of the problems and some of the failures that have taken place in the city. Thank you. REMARKS BY THE MEMBERS OF THE BOARD OF ALDERMEN Alderman Vitale On May 2, I will be having my Ward Coffee at Starbucks on Coliseum Avenue from 6:00 p.m. to 7:00 p.m. for anybody from Ward 1 that would like to join me and discuss ward business. Alderman Deane I think it’s only appropriate to read the resolution about Fred Lajoie. It was kind of passed over as a quick vote. It’s too bad he’s not here. Fred always said to me, and I’ve known him since 1987, we were over dedicating the field to Dick Flynn, Fred said: “Dave, why don’t they dedicate fields to people when they are alive instead of when they are dead. He doesn’t even know about it.” I said: “Well, Fred, I guess that’s the way it goes.” So it’s kind of funny that as far as I know Fred is still walking around. I usually see him down at the donut shop. But I think it would be appropriate to read this because Fred has been a major player in youth baseball. RESOLVED by the Board of Aldermen of the City of Nashua that Central Cal Ripken Majors Field at Vietnam Veterans Memorial Park shall be named “Fred Lajoie Field”. This is to honor Fred Lajoie who has been an integral part of Nashua and New Hampshire youth baseball for more than forty years. Fred Lajoie has been deeply involved in youth baseball in Nashua for the last 44 years. He started as a coach and manager of the Nashua West Roofers in 1968 then took on the role of President of the Nashua West Baseball Association in 1972 for the next ten years. During that time he was instrumental in the renovation of the Nashua West facilities and in so doing set an example statewide of what can be done through a volunteer system. His time as president earned him the Nashua Parks and Recreation Service to Youth Award and a certificate of appreciation from the City of Nashua for devotion to the city and its youth. In 1982 Mr. Lajoie was appointed State Commissioner by Babe Ruth Baseball in their new Bambino Division to organize a New Hampshire program which is now known as the Cal Ripken Division of Babe Ruth Baseball. Under his leadership this division grew from a mere 3 leagues in 1982 to the present 54 leagues and over 21,000 youngsters. For the last 30 years he has served as the New Bd. of Aldermen – 04/24/12 Page 19 Hampshire Cal Ripken State Commissioner and for 5 years he served as the Assistant New England Commissioner. Mr. Lajoie’s leadership led to a successful 1988 Babe Ruth Bambino World Series at Holman Stadium and 6 other World Series in various states throughout the country between 1998 and 2005. Fred Lajoie has been recognized as an institution in youth baseball for his hands-on service and dedication to the youth of the City of Nashua. In 1989, he received the Exchange Club Book of Golden Deeds Award for Service to the Youth of the City of Nashua; in 1998, the Babe Ruth Baseball National Volunteer of the Year Award; and in 2008 he was elected to the New England Babe Ruth Hall of Fame for 40 years of service to youth and the development of Cal Ripken Baseball in New England. Fred Lajoie has been a leading force in youth baseball in Nashua and throughout the state of New Hampshire. His accomplishments and dedication bring pride to the City of Nashua. He’s an unbelievable individual. The years that I have worked with him, and we’ve had our disagreements, Fred has always looked out for the best interests of the youngsters, as he calls them. He’s a great guy, and this is very nice. Thank you. Alderman Donchess I wanted to follow-up on that as well. You see in the Resolution that Fred was the leader of the 1988 Babe Ruth Bambino World Series at Holman Stadium, and I was in city government at that time and that was a really great event. I had the pleasure of seeing him quite often when I was in city government before. I wanted to thank Mayor Lozeau and Alderman Craffey for putting this together. As Alderman Deane said, he is well deserving of this. I left for 20 or so years and he has been going strong for all of this time. This is certainly well deserved. I don’t know if it is too late Mr. President, but could you offer the opportunity for other people to co-sponsor this? President McCarthy Actually I can’t under our ordinances. We amended them some years ago to allow sponsorships only until the time of first reading. Alderman Donchess That is fine. I would like to co-sponsor at least in spirit then if not in the letter because Mr. Lajoie has done so much for this community. Alderman Moriarty Saturday at 11:00 a.m. Earth Week Celebration at the Terrell Homestead sign unveiling; Gilson Road entrance. I think we all know this week is spring vacation. My kids are at home right now in South Nashua with the sitter. They have been perfect angels so they are allowed to stay up. Hello Amelia, Rebecca, Charlotte, Owen. Now the excitement is over. Good night. Bd. of Aldermen – 04/24/12 Page 20 Alderman Caron I too would like to congratulate Fred Lajoie for his service for Babe Ruth Baseball. I also knew Fred as a member of the Park & Recreation Commission and was very instrumental in helping us get a lot of these facilities maintained and upgraded for baseball over the years. I have the sentiments of Aldermen Donchess and Deane that Fred is a true gentleman and it is nice that he is going to be recognized when he can be there at the unveiling this weekend. On another note, I would like to clarify Mr. Daly’s comments concerning me and Parcel F. Even though it was very nice of you, I did not go to the facility, I made a phone call based on a request by a citizen concerning the fencing that was going up around the parcel, and they were asking me to check about the so-called barbwire. I made that phone call, got the information back to that citizen. It was just a request that had been put in, but I had not taken a walk down to that facility. Thank you. Alderman Chasse Nashua just lost a real great citizen. Hector Boissonneault passed away Sunday evening. Hector did a lot for the kids. Hector was the type of guy I tried to bring him up for some citizen awards and he wanted no part of it. Hector single handedly took care of that Camp Doucet. Camp Doucet has been around, I remember when I was a Boy Scout going there as a kid, and Camp Doucet is still operating today all through Hector. Hector was also involved with the Nashua Children’s Home, with that golf tournament that I run every year. He was the main person behind it. Over the years Hector has taken the Nashua Children’s Home and put them right under his wing. He has helped the Children’s Home numerous times, and I’m sure that Alderman Wilshire will be able to elaborate on that. It was sudden, it is going to hurt. Like I say our tournament is coming up and it is going to be kind of tough not seeing Hector there because he was the main stay. When you say gentleman and you look in the dictionary his picture is there believe me. I want to give my condolences to the Boissonneault family. We lost a good man folks. Thank you. Alderman Wilshire Thank you. You are right Alderman Chasse, Hector Boissonneault was a friend, first and foremost a friend of mine, and he did a lot for the kids in this community. It was the second biggest fundraiser that the Children’s Home had. Under Hector’s direction, raised over $150,000 for the boys and girls at Nashua Children’s Home. We will truly miss him. He was a real gentleman, a great friend. I can’t say enough. Hector was just a truly terrific guy and he will really be missed. On a brighter note, I would like to thank Alderman Moriarty for participating in the Nashua Soup Kitchen & Shelter’s Run for Food & Shelter on April 15th. I understand he won a medal for running in the 10K. Congratulations and thanks for your support on that Alderman Moriarty. I would also like to invite everyone to the Nashua Children’s Home Annual Meeting on Tuesday, May 15th at 7:00 p.m. in the Mark Rowland gymnasium. Thank you. Committee announcements: Alderman Tabacsko Thank you. Just wanted to let everybody know next Tuesday, May 1st at 7:00 p.m. Planning & Economic Development that meeting will be chaired by Alderman Vitale because I’m going to be out of town. But then also the following Tuesday, which is our next Full Board meeting, May 8th, prior to that meeting at 6:30 p.m. Bd. of Aldermen – 04/24/12 Page 21 we’re going to convene the Planning & Economic Development Committee as a special meeting for a presentation by the consultant who is doing the branding initiative, which is a joint effort between the City and the Chamber. That is going to be on May 8th, two weeks from tonight as a Planning & Economic Development Committee meeting. That will start at 6:30 p.m. I was at the initial meeting of an advisory committee and if you don’t remember the conversation that took place about this consistent branding, please make an effort to come for that before the Board meeting on the 8th. It is a good thing for the city from both the business community and the city, and it will pay dividends in the long run. I just urge everybody to take a listen to that presentation. Thank you. President McCarthy How long do you anticipate that presentation running Alderman Tabacsko? Alderman Tabacsko That is why we set it at 6:30 p.m., that we will be done for the 7:30 p.m. meeting. President McCarthy I think we are also going to have a presentation that evening that we can do during the regular meeting if we need to. There have been several requests that we get a prediction of bond costs, and I believe we’re going to do that that evening because the budget will be introduced as well. Alderman Tabacsko We can try to narrow that down with Director Galligani. I’m not sure if there is a planned presentation time. I didn’t actually look into that, they just suggested 6:30 p.m. President McCarthy We will work on that, but be aware that both of those things will happen that evening. Alderman Deane I didn’t hear you too clearly. What did you say, a presentation on what? President McCarthy The bond futures that we had asked about. Alderman Deane About the future of bonding in the City? President McCarthy Yeah. Alderman Deane Is there going to be a presentation? Bd. of Aldermen – 04/24/12 Page 22 President McCarthy Yes. Alderman Deane Can we get a copy of it prior to the meeting? President McCarthy We can try to do that. Alderman Deane You can get it you think? President McCarthy I think so. Alderman Deane And we could get it in our packets prior to the meeting? President McCarthy I believe we can do that. Alderman Deane Thank you. Alderman Chasse The Personnel/Administrative Affairs Committee will meet on Monday, May 7th at 7:15 p.m. Alderman Dowd For Alderman Cookson, tomorrow night is the Committee on Infrastructure meeting here at 7:00 p.m. We will be getting an update on the Broad Street Parkway. Unfortunately Alderman Cookson will still be out of town and I will be chairing that meeting. President McCarthy Alderman Deane are you available for a budget meeting next Thursday evening, May 3rd? Alderman Deane That is a good question. Alderman Donchess How come you only ask him? Bd. of Aldermen – 04/24/12 Page 23 President McCarthy Because the para's contract is on the Budget Committee agenda and I want to schedule a meeting for that evening. Since I need to recuse myself since my wife is a member of the bargaining unit, Alderman Deane as the Vice Chairman of Budget would have to preside. Alderman Donchess Thank you. Alderman Deane I will be there. I don’t think I’ve ever missed a Budget Committee meeting. I will do that for you. President McCarthy Thank you. Alderman Deane You are welcome. President McCarthy The Budget Committee will meet next Thursday, May 3rd. Are there any other committee announcements? ADJOURNMENT MOTION BY ALDERMAN CRAFFEY TO ADJOURN A Viva Voce Roll Call was taken, which resulted as follows: Yea: Alderman Wilshire, Alderman Dowd, Alderman Melizzi-Golja, Alderman Chasse, Alderman Caron, Alderman Moriarty, Alderman Donchess, Alderman Tabacsko, Alderman Deane, Alderman Vitale, Alderman Craffey, Alderman Cookson, Alderman Pressly, Alderman McCarthy 14 Nay: 0 MOTION CARRIED The meeting was declared adjourned at 8:52 p.m. Attest: Paul R. Bergeron, City Clerk  New residential development Bus pull off area Kiss & Ride drop off/ pick-up area Station ticket sales and waltmq area incorporated in Alternate access, direct from building redevelopment Uenton Street, require* additional land acquisition Triangle Pacific Building redeveloped for cammfrciat uses 800-foot platform - access from Crown Street, parking lot, and neighborhood Handicapped ac^wiblo pedestrian walkway over tracks, connecting parking to platform 200 spare? for commuter parking {available alter hours for residential fverflo*. parking1 narking for residential and commercial development Pedestrian (and emergency vehicle) access from Crown 11 ill neighborhood. JriTf,' • Jtf'•••••• f! i; • '"fr^trl ' "t'lt < lit - il I iV" V ¡. J r^TWiii' '. H J| W If the station were located south of Crown Street, the issue of parking potentially spilling on to neighborhood streets would need to be addressed. One strategy would be to designate resident-only parking areas, with effective enforcement. Strategies for addressing this issue in other communities should be studied. A second station location alternative is centrally located within the district between Bridge Street and East Holhs and west of Belknap Street, in an area refered to during this studv as the "Core", This site alternative offers great potential for acccss iind economic and transit-oriented development, but requires significant infrastructure investment (relocation of sections of rails and roads), and a significant change in existing land use. A third option, the former Johns Manvillc site north of Bridge Street, also requires a great deal of infrastructure investment, yet offers fewer benefits than the second site. It is important to note that any of these three sites is feasible,  April 19,20 J 2 OVERALL STATUS O F T H E BROAD S T R E E T PARKWAY P R O J E C T • I ederal Highway Administration's (THWA)'s review of the Environmental Rc Fvaluation Study is complete and an updated Record of Decision has been issued. With the release of the Rccord of Decision, federal funding earmarked for the project is now available. EARLY PRIORITIES FOR C ONSTRUCTION • Boiler House Demolition The contract to demolish the Boiler House was advertised for construction on July 12. 2011. Bids were opened on August 5, 2011. y^The lowest bid ($918.538) was received from NCM Demolition and Remediation, S U P . A contract award of $1,010,392 that includes 10% as contingency is significantly lower than the $2,500,000 estimate of probable construction cost prepared by Credere Associates, the design consultant. A portion ($384,000) of the contract is being funded by Brownfields grants. 'Hie City's management team and Credere Associates met with representatives from NCM and reviewed their bid. NCM attributed much of the difference between their bid and the estimate to the extent of the work that will be done in- house, avoiding subcontracting markups. NCM also noted the extent of their due diligence effort during preparation of their bid. During September 2011, the contract with NCM was approved by the City of Nashua, NHDOT and FHWA. As previously reported, the work includes removal of the buried remnant of an oil storage tank adjacent to the boiler house. During construction it has been determined thai the tank is 50 feet in diameter instead of 30 feet as indicated in records. The location of this tank is critical to the contractor's work plan for demolition. In order to avoid potential claims for delay in the overall demolition, work to lddress this larger than anticipated tank has been deferred until after demolition is romplete A contract to complete the work related to the tank has been advertised for construction Bids were opened on April 4, 2012 and are under review. Some demolition activities are taking longer than anticipated primarily due to precautions being taken by the contractor to limit vibrations in order to protect nearby buildings. Demolition is now anticipated to be complete in June, 2012.  April 19,2012 • Pine Street and Palm Street Improvements A contract for the Pine Street and Palm Street Improvements was advertised in September 2011. Bids were opened on September 30, 2011. Three bids were received. The lowest bid is $2,119,303 (compared to the Engineer's Estimate of $2,070,516). The contract has been approved. A neighborhood meeting lira held on March^29^2012 to discuss the construction activities and schedule. Updates to the project schedule will be provided online. Construction has commenced on the contract with work to be substantially complete this year Final paving will be completed in Spring 2013. • Millyard Chimney International Chimney Corporation (ICC) has completed work on this initial stabilization effort. The original plan was that after demolition of the Boiler House, a contract will be advertised for rehabilitation of the chimney. The work may include repointing joints, reconstruction of the top 15 feet, applying a compound on the four sides to produce a uniform appearance, repainting the "MILLYARD" letters and restoration of lightning protection. A structural analysis of the chimney was performed by Weidlinger Associates, Inc. (WAI) that concluded that even with the anticipated restorative work, the chimney will not comply with the seismic or wind requirements of the State of New Hampshire Building Code. WAI recommended that the height of the chimney be reduced from its original 180 foot height to 100-120 feet. Engineers from ICC reviewed WAI's report and agreed with the conclusions. At present, options are being reviewed. Both WAI and ICC have been asked for their input on whether there is any practical way to reinforce the chimney in order to meet the wind load requirements at the original height of 180 feet. We have also asked for budgetary cost estimates for what reducing the height would cost. We have also asked WAI how likely it is that a waiver will be granted for seismic load requirements (which WAI noted would still be required for the lower height). Additionally, we have asked both WAI and ICC if there is a cost effective way to demolish and construct a new chimney to the original height in a way that would comply with wind loads and be eligible for a waiver on the seismic loading. Restoration of this chimney has been identified as an important aspect of the Parkway project-wide program for mitigation of impacts to historic resources. 2  April 19,2012 Representatives of the New Hampshire Department of Historie Resources, NHDOT and FHWA were briefed on November 3, 2011. All voiecd support for the effort the City has undertaken in reviewing alternatives. Input has been requested from NHDOT and FHWA on possible use of Design/Build procurement for work on the chimney. Coordination with these agencies is continuing. STATUS OF THE PROJECT ROADWAY DESIGN Fay, Spofford& Thomdike, LLC, has commenced work on the Roadway Design. The design has been advanced to the 30% stage. Borings and other field investigation activities are continuing. STATUS OF THE PROJECT BRIDGE DESIGN In consultation with NHDOT and FHWA, it has been determined that the bridges will be procured using a traditional Design/Bid/Build process. Fay, Spofford & Thomdike, LLC has prepared a proposal for the design of the three bridges. STATUS OF THE RIGHT OF WAY ACQUISITION There are several aspects of the project related to right-of-way acquisition for which the extent of unknown information leads to uncertainty with respect to the budget and schedule: • Property needed for the project includes parcels that are needed in entirety, as well as parcels where only a portion of the property is needed. • Most of the full parcel acquisition has been completed. Many partial acquisitions cannot commence until further design development occurs. • NHDOT and their consulting appraisers are working on appraisals for high priority acquisitions. In an effort to accelerate the acquisition process, the City of Nashua is supporting NHDOT by managing some of the ongoing appraisal work. OVERALL PROJECT BUDGET Following completion of the 2007 Cost Reduction Study an analysis of projected costs led to the conclusion that the cost to complete the project could be $68.1 million. Following this analysis, the upper limit of potential City expenditures to complete this project (the difference between cost to complete and available federal funding) was estimated to be $37.6 million dollars. 3  April 19,2012 As various components of the project continue to be refined, opportunities to reduce overall expenditures continue to be evaluated. However, there are still areas where costs cannot be determined until further coordination and design development occur. These allowances include costs associated with mitigating subsurface contamination, relocating utilities, acquiring right-of-way and obtaining necessary permits. Costs based on the methodology used previously to establish the budget in 2007 dollars arc being used as a baseline of analysis. Generally the budget is consistent with the baseline previously established in 2007 dollars using the same methodology. Current cost projections are anticipated to be $46 million before adding allowances for contingencies. This compares with $45.8 million previously projected for Option 2. With application of the previously described allowances to address costs that may be incurred due to presently unknown concerns, it appears reasonable to conclude that the maximum level projected for City funding will not be exceeded. With these allowances, the total in 2007 dollars rises to $49.6 million. In January 2011, inflationary rates were applied to the 2007 dollar total resulting in a project budget of $67.3 million. Actual costs and adjustments to escalation rates arc used to prepare monthly projections of project cost. The update performed in March 2012 results in projection of project cost of $64,371,498. ENVIRONMENTAL MITIGATION There are several aspects of subsurface contamination for which there are uncertainties with respect to budget and schedule. This includes subsurface contamination within the Millyard, as well as buried asbestos material at several locations within the project area. Efforts are underway to compile records from NHDOT files to document the extent of past investigation and define the scope of work remaining. A meeting was held on March 17, 2011 with NHDES. The stormwater management design strategy for the Parkway was presented. Feedback from NHDES was positive. UTILITY AND RAILROAD COORDINATION This project includes significant impacts to utility and railroad facilities within the project area. Efforts to update previous coordination by NHDOT (performed in 1999 to 2002) have been initiated. Utility owners have been contacted and one-on-one meetings have commenced to discuss implication of the project to the existing utility infrastructure. Meetings have been held with owners of water, gas, power and telephone utilities. Coordination necessary for the early Pine Street and Palm Street contract has been prioritized. 4  April 1% 2012 A coordination meeting was held wilh representatives of Pan Am Railroad in December, 2011. It is anticipated that a follow-up meeting will be held following review of 30% design plans. This meeting will be requested in April, 2012. PUBLIC MEETINGS Between June 2007 and August 2010, there were eight public meetings that focuscd on progress of the Parkway Supplementary Analysis; the Cost Reduction Study and the ongoing Environmental Re-Evaluation. These meetings are summarized in an August 12, 2010 memorandum prepared by Nashua Regional Planning Commission (NRPC). In addition, Mayor Lozcau and Project Manager John Vancor attended the Aldermanic Infrastructure Committee meeting on March 10,2010 to discuss the acquisition of 40 Pine Street for the project. Leon Kenison, P.K., Director of Public Works and Stephen Dookran, P.B., City Engineer attended the Aldermanic Infrastructure meeting on May 12, 2010 and discussed several aspects of the project. The Parkway project has also been discussed at several meetings of the Board of Public Works. The Aldermanic Infrastructure Committee held a meeting which included a walk of the route of the portion of the project south of the Nashua River on September 25, 2010. A joint meeting of the Planning and Economic Development Committee and the Business & Industrial Development Authority (BIDA) was held on December 7, 2010. The meeting focused on redevelopment of the former Mohawk Tannery site. Project Manager John Vancor attended Aldermanic Infrastructure Committee meetings on October 13, 2010; December 8,2010; January 26,2011; October 26, 2011; January 5, 2012 and February 22, 2012 to provide updates on several aspects of the project. Project Administrator Leon Kenison, P.E. attended the Aldermanic Infrastructure Committee Meeting on April 13, 2011 to provide an update on several aspects of the project. Meetings of City Staff and consultants continue with numerous stakeholders to discuss plans and progress of the Project. There are monthly progress briefings of the Board of Public Works Commissioners and members of the Aldermanic Infrastructure Committee, S James B. and Mary E. Cutter 86 Palm St., P.O. Box 69 Nashua, NH 03061 April 24, 2012 Alderman-At-Large Brian S. McCarthy, OPEN LETTER. President and Board of Aldermen, City of Nashua Dear Alderman McCarthy, Only, Aldermen Caron, Donchess, Dowd and Moriarty have not heard me speak about our problem. For over two(2) years in these chambers, I have read to you, Mayor Lozeau and City Attorney McNamee statutes that apply to it. The problem is City Building Inspectors approved two(2) building permits for 88 Palm St. that had a boundary line that was not the same as on the Deed. Since they were approved by city officials our neighbors were convinced they owned a 3 foot wide strip of our driveway and clothesline Curtilage area and installed a fence. City Attorney McNamee continuously avoids the Building Permits to get the City out of correcting our problem. Our neighbors should be ordered to return our land to us because there is no statute of limitation with Curtilage. See RSA 627:9 (I), Curtilage and RSA 626:3, Effect of Ignorance or Mistake. Mayor Lozeau has credited Alderman Deane for making her a better mayor. In our opinion, if she TRULY WANTS to be a better mayor. She needs to take care of us, a couple of SENIOR CITIZENS. If Mayor Lozeau does not feel like it, we are requesting the Board of Aldermen to act. Sincerely, / - pc. Donnalee Lozeau, Mayor James M. McNamee, Corporation Counsel Board of Aldermen