Aldermen, Board of

A regular meeting of the Board of Aldermen was held Tuesday, August 14, 2012, at 7:30 p.m. in the Aldermanic Chamber. President Brian S. McCarthy presided; Deputy City Clerk Patricia Piecuch recorded. Prayer was offered by Deputy City Clerk Patricia Piecuch; Alderman Kathy Vitale led in the Pledge to the Flag. The roll call was taken with 14 members of the Board of Aldermen present; Alderman Tabacsko was recorded absent; Alderman Vitale and Alderman Sheehan arrived after roll call. Her Honor Mayor Donnalee Lozeau and Deputy Corporation Counsel Stephen M. Bennett were also in attendance. REMARKS BY THE MAYOR Thank you, Mr. President. I would begin this evening’s remarks by sending out thank yous to all the volunteers that are on the list tonight to be appointed to serve on our Boards and Commissions. As I know you all agree, we are fortunate to have them willing to do that - some of whom are here this evening. I also wanted to take a moment to, hope that you – well, I shouldn’t say hope but I would like to think that you might be able to support two recommendations of the Budget Committee. One, on 12-34 relative to CERF - to put funds back into the CERF account. And, the second, 12-59, relative to escrows. I hope you’ve all had the chance to take a look at the escrows and see that the majority of them, as a matter of fact, it might even be all of them, are one-time expenses. Items that we had talked about - when I use the term we, some that I had talked about with my staff throughout the year - and some that we’ve talked about as a collective group here throughout the year on things that we’d like to see happen. I have said to folks throughout the year that we would look and see what would happen towards the end of the year and if funds were available then, yes, we’d look at whether or not we could come up with a match to purchase CNG busses or that, yes, we would look at getting the traffic study done that we wanted to do, that we would take care of the airport runway match that way instead of building it into the base budget. So, I think it is a thoughtful list. I think that you should also know that there are four items – three on the aldermanic approved list and one on the mayor’s, or the administration’s approved list, that will require further legislation because four items create expendable trust funds. In order to do that it has to come back or be introduced in the board for discussion about those expendable trust funds and we can have more discussion around the policy then. But setting aside the funds for that discussion for things like the water ways, for the things like the energy efficiency money, pensions, things like that. It is important to set those funds aside through this process so that we can revisit them. So, I would appreciate any support you can offer to those two measures tonight and as always, I would thank you for your kind attention this evening. RESPONSE TO REMARKS OF THE MAYOR – None RECOGNITION PERIOD – None READING MINUTES OF PREVIOUS MEETINGS AND PUBLIC HEARING MOTION BY ALDERMAN WILSHIRE THAT THE MINUTES OF THE BOARD OF ALDERMEN MEETINGS OF JULY 10, JULY 12, AND AUGUST 6, 2012, AND THE PUBLIC HEARING CONDUCTED BY THE PLANNING & ECONOMIC DEVELOPMENT COMMITTEE ON JULY 17, 2012, BE ACCEPTED, PLACED ON FILE, AND THE READINGS SUSPENDED MOTION CARRIED COMMUNICATIONS MOTION BY ALDERMAN MORIARTY THAT ALL COMMUNICATIONS BE READ BY TITLE ONLY MOTION CARRIED Bd. of Aldermen – 08/14/12 Page 2 From: Niles F. Jensen, Jr., Chairman, Woodlawn Cemetery Board of Trustees Re: Request for Joint Convention with Woodlawn Cemetery Board of Trustees MOTION BY ALDERMAN WILSHIRE TO ACCEPT, PLACE ON FILE AND THAT THE BOARD OF ALDERMEN MEET IN JOINT CONVENTION WITH THE WOODLAWN CEMETERY BOARD OF TRUSTEES ON WEDNESDAY, SEPTEMBER 12, 2012, AT 7:30 PM IN THE ALDERMANIC CHAMBER MOTION CARRIED From: Alderman-at-Large Barbara Pressly Re: Proposed Amendments to R-12-39 MOTION BY ALDERMAN PRESSLY TO ACCEPT, PLACE ON FILE AND REFER TO THE PENNICHUCK WATER SPECIAL COMMITTEE MOTION CARRIED From: Mayor Donnalee Lozeau Re: FY12 Street Paving Program MOTION BY ALDERMAN DEANE TO ACCEPT, PLACE ON FILE AND AUTHORIZE CHANGE ORDER NO. 1 TO THE CONTRACT WITH SUNSHINE PAVING FOR A NET CHANGE IN THE AMOUNT OF $350,000 RESULTING IN A NEW CONTRACT VALUE OF $1,137,900 AND THAT THE PROVISIONS OF NRO 5-90(F) REGARDING THE RECONSIDERATION PERIOD BE WAIVED MOTION CARRIED From: Mayor Donnalee Lozeau Re: Contract Award for Construction, Demolition and Metal Scrap Processing MOTION BY ALDERMAN WILSHIRE TO ACCEPT, PLACE ON FILE AND AWARD THE MULTI-YEAR CONTRACT TO ENVIRONMENTAL RESOURCE RETURN IN AN AMOUNT NOT-TO-EXCEED $300,000 MOTION CARRIED MOTION BY ALDERMAN WILSHIRE THAT THE RULES BE SO FAR SUSPENDED AS TO ALLOW FOR THE INTRODUCTION OF A COMMUNICATION RECEIVED AFTER THE AGENDA WAS PREPARED MOTION CARRIED From: Stephen M. Bennett, Corporation Counsel Re: R-12-063 MOTION BY ALDERMAN WILSHIRE TO ACCEPT AND PLACE ON FILE MOTION CARRIED PERIOD FOR PUBLIC COMMENT RELATIVE TO ITEMS EXPECTED TO BE ACTED UPON THIS EVENING Geoff Daly, 48 Walden Pond Drive, Nashua If I may, may I place on file because I’m going to read part of this statement here and it is to do with what we’re going to discuss tonight? President McCarthy Which item are you addressing? Bd. of Aldermen – 08/14/12 Page 3 Mr. Daly This is R-12-65, 63 and 62. President McCarthy If you give that to our legislative assistant. Mr. Daly First of all, I’d like to refer to R-12-65 which is a revision of R-12-39 presented by Alderman Barbara Pressly tonight. I think it is a very good intention, and a very appropriate change in the ordinance. I think it should be very satisfying for everybody at the end of the day. Now we get to R-12-63 and R-12-62. What I just handed to the clerk is continuation of what we started last year. After last week’s Aldermanic meeting, special water, Pennichuck Water meeting, I spoke with Mr. Leonard. I believe all of you, except one or two aldermen whose e-mail I do not have, received a copy of it including the administration and I believe Mr. Bennett. At that meeting nobody had received a copy of the wording within the easement even though it was received in the city administration on July 27th. My letter to Mr. Leonard was for a meeting concerning how this easement and the wording was to be put together so that everybody is happy from the city, Mr. Slattery, Pennichuck and the citizens of Nashua. Basically the words we had been told were perpetual easement. Well tonight I’ve gone through the ordinance you’re going to read. I’m sorry the crafting of this is very poor. You can drive a 40 ton truck through it. I proposed to him could this be recrafted to state in perpetuity under the management, control and supervision of the Pennichuck Corporation, City of Nashua appointed maintenance departments-such as the Park and Rec..’s, city street, waste water departments and the city engineer, Nashua conservation Commission appointed by the City of Nashua, Audubon Society to be a steward in kind with the Conservation Commission with the assistance, advice of NH Wild Life Fish and Game and Wetlands Bureau support as need to conserve the Kettle Bog. The land access from Manchester Street to the playing fields along side the Kettle Bog and adjacent to the Pennichuck Middle School to come under the Parks and Rec’s, Streets, Waste Water departments along with a citizens advisory committee of nine citizen volunteers assisting the City of Nashua and Pennichuck Corporation in providing oversight to the easement area of Parcel “F” given in perpetuity by Mr. Slattery, a/k/a North Concord Properties, LLC to the citizens of Nashua’s benefit and use in perpetuity. This way we know that if the City of Nashua ever says we don’t want to be in the water business anymore, we know a) the Kettle Bog is conserved and the playing fields remain for the use of the citizens of Nashua. The ordinances as they’ve been written up don’t say that. There’s actually a contradiction in one of them. It turns out that the condominium association and Mr. Slattery, the owner of the land, if they’re not happy with what is going on in the Bog area, can cancel the easement. And yet alter on in the docket, it says perpetuity. That’s in contradiction. And I will tell you I have sought legal advice on the use of those words and the person has said to me it needs to be recrafted, not redrafted, recrafted. So tonight when you vote on it, and it is good. Mayor, I’ll tell you this, it’s good that the city is eventually going to get the bog, the Kettle Bog, one that took 17,000 years to form. But we need to recraft the wording in this. No disrespect to you, Mr. Bennett, but legalese, there’s a very famous attorney, Mr. Paul John Howard, who gave a 20 minute ted talk recently on legalese and we’re getting caught up in it again. We need to simplify it and that was why my communication to Mr. Leonard, and he was possibly going to wait until the end of tonight to see what you were going to do. But I believe that if we recraft it in a manner as I communicated to him and you all have a copy of the e-mail I sent previously, everybody at the end of the day is going to be happy. That includes the city, this chamber, because remember what I said, the ordinance O-96-06, the only people who can change it are you, the elected board of aldermen. Nobody else. The mayor can’t do it. The legal department can’t do it. They can give you advice. Mr. Slattery can’t do it and Pennichuck can’t do it. But it was done. And you never received a copy of that at all until after January the 17th when the city Bd. of Aldermen – 08/14/12 Page 4 got it. You got it after the closing of the city’s acquisition of the Pennichuck Corporation. So let’s do what is right for the people and the taxpayers and everybody else in the city. I think we can put this all to bed and it can be very easily and very quietly done. We don’t have to have it all wrapped up in all of this legalese, quite honestly. And as I said, I have spoken with several attorneys. The other thing and maybe the Mayor can answer this through you, Mr. Chair. We’re awarding a contract for the demolition and disposal of scrap for $300,000. What benefit does the city get at the end of the day? Do we get some money back because I can tell you right now cast iron on the scrap market is getting premium dollars? So is aluminum, premium dollars. So is the benefit or to the person who’s being awarded a $300,000 contract? Are we going to see some dollars back in that allows you, as the aldermen, next year when you have the budget review, and the mayor comes in front of you, she doesn’t necessarily have to ask for more money because some of this money we’re going to recover from the scrap side. So that is something I think that should be done with. I will say, Alderman Pressly, thank you for your revision, and you, Alderman Donchess, for bringing it up on Parcel “F”. Thank you, sir. PETITIONS – None NOMINATIONS, APPOINTMENTS AND ELECTIONS Appointments by the Mayor The following Appointments by the Mayor were read into the record: Board of Registrars Patricia Lucier (New Appointment) For a Term to Expire: December 31, 2015 2 Bowman Lane Nashua, NH 03062 Building Code Board of Appeals Kevin Slattery (Reappointment) For a Term to Expire: September 1, 2015 54 Berkley Street Nashua, NH 03064 Business & Industrial Development Authority Camille Pattison (Reappointment) For a Term to Expire: September 30, 2015 3 Farley Street Nashua, NH 03064 Jason B. Haviland (Reappointment) For a Term to Expire: September 30, 2015 29 Todd Road Nashua, NH 03064 Historic District Commission Frank H. Mellen (Reappointment) For a Term to Expire: September 30, 2015 10 Meade Street Nashua, NH 03064 Bd. of Aldermen – 08/14/12 Page 5 Mine Falls Park Advisory Committee Carol Rust (New Appointment) For a Term to Expire: September 1, 2015 6 Langholm Drive Nashua, NH 03062 Paul Bunker (New Appointment) For a Term to Expire: September 1, 2015 10 Owls Head Drive Nashua, NH 03063 Nashua Arts Commission Tina Cassidy (New Appointment) For a Term to Expire: September 1, 2015 Northern Ballet Theatre 36 Arlington Street Nashua, NH 03060 Zoning Board of Adjustment Rob Shaw (Reappointment) For a Term to Expire: September 11, 2015 14 Sweet William Circle Nashua, NH 03062 MOTION BY ALDERMAN CHASSE TO ACCEPT THE APPOINTMENTS BY THE MAYOR AS READ AND REFER THEM TO THE PERSONNEL/ADMINISTRATIVE AFFAIRS COMMITTEE MOTION CARRIED REPORTS OF COMMITTEE Budget Review Committee ................................................................... 07/09/12 There being no objection, President McCarthy declared the report of the July 9, 2012 Budget Review Committee accepted and placed on file. Budget Review Committee ................................................................... 07/19/12 There being no objection, President McCarthy declared the report of the July 19, 2012 Budget Review Committee accepted and placed on file. Budget Review Committee ................................................................... 08/07/12 There being no objection, President McCarthy declared the report of the August 7, 2012 Budget Review Committee accepted and placed on file. Finance Committee .............................................................................. 07/18/12 There being no objection, President McCarthy declared the report of the July 18, 2012 Finance Committee accepted and placed on file. Finance Committee .............................................................................. 08/01/12 There being no objection, President McCarthy declared the report of the August 1, 2012 Finance Committee accepted and placed on file. Bd. of Aldermen – 08/14/12 Page 6 Committee on Infrastructure ................................................................. 07/11/12 There being no objection, President McCarthy declared the report of the July 11, 2012 Committee on Infrastructure accepted and placed on file. Pennichuck Water Special Committee ................................................. 08/02/12 There being no objection, President McCarthy declared the report of the August 2, 2012 Pennichuck Water Special Committee accepted and placed on file. Personnel/Administrative Affairs Committee ........................................ 07/23/12 There being no objection, President McCarthy declared the report of the July 23, 2012 Personnel/Administrative Affairs Committee accepted and placed on file. Joint Special School Building Committee ............................................. 06/28/12 There being no objection, President McCarthy declared the report of the June 28, 2012 Joint Special School Building Committee accepted and placed on file. School Construction Projects Committee ............................................. 06/28/12 There being no objection, President McCarthy declared the report of the June 28, 2012 School Construction Projects Committee accepted and placed on file. WRITTEN REPORTS FROM LIAISONS Conway Ice Rink Commission .............................................................. 07/02/12 There being no objection, President McCarthy declared the liaison report of the July 2, 2012 Conway Ice Rink Commission accepted and placed on file. CONFIRMATION OF MAYOR'S APPOINTMENTS Airport Authority MOTION BY ALDERMAN CHASSE TO CONFIRM BY VOICE VOTE THE REAPPOINTMENT OF DONALD DAVIDSON, 71 BROWNING AVENUE, NASHUA, TO THE AIRPORT AUTHORITY FOR A TERM TO EXPIRE AUGUST 31, 2017 MOTION CARRIED President McCarthy declared Donald Davidson duly appointed to the Airport Authority for a term to expire August 31, 2017. Cable Television Advisory Board MOTION BY ALDERMAN CRAFFEY TO CONFIRM BY VOICE VOTE THE REAPPOINTMENT OF LAWRENCE ARTZ, 7 FOUNTAIN LANE, NASHUA, TO THE CABLE TELEVISION ADVISORY BOARD FOR A TERM TO EXPIRE AUGUST 8, 2015 MOTION CARRIED President McCarthy declared Lawrence Artz duly appointed to the Cable Television Advisory Board for a term to expire August 8, 2015. Bd. of Aldermen – 08/14/12 Page 7 Ethics Review Committee MOTION BY ALDERMAN VITALE TO CONFIRM BY VOICE VOTE THE REAPPOINTMENT OF LARRY L. TAYLOR, 6 FAXON STREET, NASHUA, TO THE ETHICS REVIEW COMMITTEE FOR A TERM TO EXPIRE APRIL 30, 2015 MOTION CARRIED President McCarthy declared Larry L. Taylor duly appointed to the Ethics Review Committee for a term to expire April 30, 2015. Oath of Office administered by Deputy Corporation Counsel Steven Bennett. Tax Increment Financing Advisory Board MOTION BY ALDERMAN SHEEHAN TO CONFIRM BY VOICE VOTE THE APPOINTMENT OF THE FOLLOWING INDIVIDUALS TO THE TAX INCREMENT FINANCING ADVISORY BOARD FOR TERMS TO EXPIRE AUGUST 1, 2013: MICHAEL CONNEELY, 48 MAIN STREET, NASHUA, JEN HINDERER, 2 COURT STREET, NASHUA, NICK CAGGIANO, 100 CONCORD STREET, NASHUA, AND CORNELIA ESCHBORN, 52 MAIN STREET, UNIT #502, NASHUA MOTION CARRIED President McCarthy declared the aforementioned individuals duly appointed to the Tax Increment Financing Advisory Board for terms to expire August 1, 2013. Oath of Office administered to Mr. Conneely and Ms. Eschborn by Deputy Corporation Counsel Steven Bennett. UNFINISHED BUSINESS – RESOLUTIONS R-12-20 Endorsers: Mayor Donnalee Lozeau Alderman Michael J. Tabacsko Alderman Kathy Vitale Alderman Richard A. Dowd Alderman Mary Ann Melizzi-Golja Alderman-at-Large Brian S. McCarthy APPROPRIATING $650,000 FOR THE PURCHASE OF LAND FOR THE DIVISION OF PUBLIC WORKS AT 836, 844, AND 848 WEST HOLLIS STREET (MAP D, LOTS 84, 85, AND 86) AND AUTHORIZING THE ACQUISITION OF THAT PROPERTY • Tabled at Full Board Level – 5/8/12 R-12-34 Endorsers: Mayor Donnalee Lozeau Alderman Michael J. Tabacsko Alderman-at-Large Brian S. McCarthy Alderman Richard A. Dowd Alderman Mary Ann Melizzi-Golja RELATIVE TO TRANSFERS AND APPROPRIATIONS OF $740,000 INTO THE CAPITAL EQUIPMENT RESERVE FUND (CERF) Given its second reading; MOTION BY ALDERMAN MELIZZI-GOLJA FOR FINAL PASSAGE OF R-12-34 BY ROLL CALL Bd. of Aldermen – 08/14/12 Page 8 A viva voce roll call vote was taken which resulted as follows: Yea: Alderman Wilshire, Alderman Dowd, Alderman Melizzi-Golja, Alderman Chasse, Alderman Caron, Alderman Moriarty, Alderman Donchess, Alderman Sheehan, Alderman Deane, Alderman Vitale, Alderman Craffey, Alderman Cookson, Alderman Pressly, Alderman McCarthy 14 Nay: 0 MOTION CARRIED Resolution R-12-34 declared duly adopted. R-12-43 Endorsers: Alderman Richard A. Dowd Alderman Michael J. Tabacsko Alderman-at-Large Brian S. McCarthy Alderman Diane Sheehan Alderman Mary Ann Melizzi-Golja Alderman June M. Caron Alderman Kathy Vitale Alderman-at-Large David W. Deane Alderman-at-Large Jim Donchess Alderman-at-Large Lori Wilshire RELATIVE TO AUTHORIZING THE EXPENDITURE OF $615,000 FROM THE SCHOOL CAPITAL RESERVE FUND TO BE USED FOR VARIOUS SCHOOL IMPROVEMENTS Given its second reading; MOTION BY ALDERMAN DOWD FOR FINAL PASSAGE OF R-12-43 MOTION CARRIED Resolution R-12-43 declared duly adopted. R-12-53 Endorsers: Mayor Donnalee Lozeau Alderman Diane Sheehan Alderman Michael J. Tabacsko Alderman Kathy Vitale Alderman-at-Large Barbara Pressly Alderman Richard A. Dowd Alderman Mary Ann Melizzi-Golja Alderman Arthur T. Craffey, Jr. AUTHORIZING THE ACCEPTANCE OF A TRAIL EASEMENT DEED FROM NASHUA RIVER HOLDING COMPANY, LLC ALONG THE NASHUA RIVER WEST OF NASHUA DRIVE Given its second reading; MOTION BY ALDERMAN SHEEHAN FOR FINAL PASSAGE OF R-12-53 MOTION CARRIED Resolution R-12-53 declared duly adopted. Bd. of Aldermen – 08/14/12 Page 9 R-12-55 Endorsers: Alderman Richard A. Dowd Alderman Michael J. Tabacsko Alderman Mary Ann Melizzi-Golja Alderman-at-Large Brian S. McCarthy ESTABLISHING AN EXPENDABLE TRUST FUND FOR SCHOOL UTILITY COSTS AND TRANSFERRING $100,000 FROM THE FY2012 BUDGET SCHOOL ELECTRICITY ACCOUNT INTO THE EXPENDABLE TRUST FUND Given its second reading; MOTION BY ALDERMAN DOWD FOR FINAL PASSAGE OF R-12-55 ON THE QUESTION Alderman Moriarty Does the police department have an expendable trust for unanticipated utility costs? President McCarthy Not as far as I know. Alderman Moriarty Does the fire department have a trust fund for the unanticipated utility costs? President McCarthy Nope. Alderman Moriarty Does the board of public works have one? President McCarthy Nope. Alderman Moriarty And if there are unanticipated utility costs, can the school board come to the board of aldermen and request that funding? President McCarthy I assume they can. Alderman Moriarty So I’m wondering why this is necessary, possibly Alderman Dowd can explain. Bd. of Aldermen – 08/14/12 Page 10 Alderman Dowd They want to establish this because unlike the other departments you mentioned, they have over 18 facilities in the city including two high schools which are very large. Depending on the year, that account can vary within $100,000. They want to establish this account so that they can have a handle on the electricity account with the increase in expenditures and the increase in costs without having to come back and do formal legislation. They felt this was the best way to handle that account. Alderman Moriarty It would seem since we did bond $2.1 million for HVAC improvements to two of our schools this past winter and we recently finished approximately $2 million HVAC improvements to other schools that if anything we should be expecting unanticipated surpluses so I certainly don’t see the use for establishing a separate fund aside from this. MOTION CARRIED Resolution R-12-55 declared duly adopted. R-12-59 Endorser: Mayor Donnalee Lozeau RELATIVE TO THE RE-APPROPRIATION OF FISCAL YEAR 2013 ESCROWS Given its second reading; MOTION BY ALDERMAN WILSHIRE FOR FINAL PASSAGE OF R-12-59 ON THE QUESTION Alderman Pressly I agree with the mayor that a lot of these items have been discussed through the years and some are new. What I don’t see, however, are the issues that the Board of Aldermen have brought up many times as their needs. My question would be to you, Mr. President: Was there any discussion with some of the issues, the two that I know we’ve talked about is to remove the obsolete boiler that’s in the anteroom and the other was to have a fund for the technology upgrade. Were these considered in this list in any way? President McCarthy I would assume they were considered. I don’t think there’s any need to put funding towards them at this point in time. We have funding in the building fund if we do anything with the HVAC equipment here. We had concluded that we were not ready to do anything with technology during the budget discussions. Alderman Pressly Just a further question. How do we get some of these issues resolved? I think the Board of Aldermen has a fair number of needs that have not been addressed. President McCarthy They can be brought in as other legislation or through whatever mechanism you think would resolve them. Bd. of Aldermen – 08/14/12 Page 11 Alderman Pressly A further question then. To establish an expendable trust fund for the board of aldermen would be brought up separately as the others? President McCarthy You can do it however you like. I would simply find an appropriation to do the work. I think the money is there for the two things that you just discussed when we get to the point of needing it. Alderman Deane I request a roll call, Mr. President. Alderman Donchess I intend to vote no on this for two basic reasons. First there are $2.3 million worth of expenditures here in rough terms. As I expressed at the budget committee, in my opinion we should have access to the departments who are requesting these escrows with respect to many of these transfers just like we do at budget time. I would have liked to see some of these departments come in and explain the details regarding these proposals, many of which I’m not familiar with. So I can’t vote on something that has not been explored at least in my view to the proper extent. Number two, the resolution funds the creation of four reserve accounts, one of those I do understand the reason for and support, that being the water river cleanup, $50,000 reserve fund. The others I question because the city has so many reserves that it seems to me we’re holding taxpayers’ money without a need to do so. We have a $325,000 contingency account in this year’s budget. We have $27.5 million in the undesignated fund balance which is available if there are problems with budgets going over. Also with respect to some of these line items, such as pensions, there is some slack already built into the budget. So we’ve got already a triple backup system. Number one, the slack in the budget; number two, the contingency account; number three, the reserve. So in my mind we don’t need to be creating all these different, at least the three reserve funds. So for those two reasons, I’m going to be voting no on this resolution. Alderman Pressly I have a question, I believe to yourself. If we were to vote this down, could we not approve each department individually throughout the year after we’ve had a chance to discuss with their department heads the different issues and the needs for this and accommodate through the fact that we have not had a chance to discuss it with them? President McCarthy I believe the answer to that question is no because if we don’t approve the escrows then all of that money simply lapses into the general fund and we would have to make separate appropriations which would be supplemental appropriations to the budget. Alderman Pressly But that could be done. President McCarthy As supplemental appropriations; we can’t approve them as escrows. Bd. of Aldermen – 08/14/12 Page 12 Alderman Pressly So the issues at hand, the issues where we’d like to get more information, they could be funded in another way individually, President McCarthy As could anything else, yes. Alderman Pressly Okay, thank you. A viva voce roll call vote was taken which resulted as follows: Yea: Ald. Wilshire, Ald. Dowd, Ald. Melizzi-Golja, Ald. Chasse, Ald. Caron, Ald. Moriarty, Ald. Sheehan, Ald. Vitale, Ald. Craffey, Ald. Pressly, Ald. McCarthy 11 Nay: Ald. Donchess, Ald. Deane, Ald. Cookson 3 MOTION CARRIED Resolution R-12-59 declared duly adopted. UNFINISHED BUSINESS – ORDINANCES O-12-12 Endorsers: Alderman Daniel T. Moriarty Alderman Arthur T. Craffey AMENDING THE ORDINANCE REGARDING SIGNS AND HANDBILLS AT POLLING PLACES Given its second reading; MOTION BY ALDERMAN MORIARTY FOR FINAL PASSAGE OF O-12-12 MOTION CARRIED Ordinance O-12-12 declared duly adopted. O-12-16 Endorser: Alderman Richard A. Dowd AMENDING THE ZONING MAP BY CHANGING A TRACT SOUTHWEST OF AMHERST STREET FROM AIRPORT INDUSTRIAL (AI) TO GENERAL BUSINESS (GB) Given its second reading; MOTION BY ALDERMAN DOWD FOR FINAL PASSAGE OF O-12-16 MOTION CARRIED Ordinance O-12-16 declared duly adopted. Bd. of Aldermen – 08/14/12 Page 13 NEW BUSINESS – RESOLUTIONS R-12-60 Endorsers: Mayor Donnalee Lozeau Alderman-at-Large Lori Wilshire Alderman Diane Sheehan Alderman Mary Ann Melizzi-Golja Alderman June M. Caron Alderman Richard A. Dowd Alderman Arthur T. Craffey, Jr. Alderman-at-Large Barbara Pressly RELATIVE TO THE ACCEPTANCE AND APPROPRIATION OF $400,000 FROM THE UNITED STATES DEPARTMENT OF JUSTICE INTO PUBLIC HEALTH AND COMMUNITY SERVICES GRANT ACTIVITY – “SAFE HAVENS - SUPERVISED VISITATION AND SAFE EXCHANGE GRANT PROGRAM” Given its first reading; assigned to the HUMAN AFFAIRS COMMITTEE by President McCarthy R-12-61 Endorsers: Mayor Donnalee Lozeau Alderman-at-Large Lori Wilshire Alderman Diane Sheehan Alderman Richard A. Dowd Alderman Mary Ann Melizzi-Golja Alderman June M. Caron Alderman-at-Large Jim Donchess Alderman Kathy Vitale Alderman Arthur T. Craffey, Jr. Alderman-at-Large Barbara Pressly RELATIVE TO THE ACCEPTANCE AND APPROPRIATION OF $52,083 FROM THE UNITED STATES DEPARTMENT OF JUSTICE INTO POLICE GRANT ACTIVITY - “2012 JUSTICE ASSISTANCE GRANT (MULTI-JURISDICTIONAL)” Given its first reading; assigned to the HUMAN AFFAIRS COMMITTEE by President McCarthy R-12-62 Endorsers: Mayor Donnalee Lozeau Alderman-at-Large Brian S. McCarthy Alderman Kathy Vitale Alderman Diane Sheehan Alderman-at-Large David W. Deane Alderman Richard A. Dowd Alderman Mary Ann Melizzi-Golja AUTHORIZING THE ACCEPTANCE OF A FIRST AMENDMENT TO ACCESS AND RECREATIONAL EASEMENT FOR THE ATHLETIC FIELD ADJACENT TO THE PENNICHUCK MIDDLE SCHOOL FROM NORTH CONCORD STREET PROPERTIES, LLC, SUCCESSORS IN INTEREST TO PENNICHUCK CORPORATION Given its first reading; assigned to the COMMITTEE ON INFRASTRUCTURE by President McCarthy Bd. of Aldermen – 08/14/12 Page 14 R-12-63 Endorsers: Mayor Donnalee Lozeau Alderman-at-Large Brian S. McCarthy Alderman Diane Sheehan Alderman Mary Ann Melizzi-Golja Alderman Kathy Vitale Alderman-at-Large David W. Deane Alderman Richard A. Dowd AUTHORIZING THE ACCEPTANCE OF A CONSERVATION EASEMENT DEED FOR A PORTION OF ASSESSOR’S MAP 51, LOT 8 FROM NORTH CONCORD STREET PROPERTIES, LLC Given its first reading; assigned to the COMMITTEE ON INFRASTRUCTURE by President McCarthy R-12-64 Endorsers: Mayor Donnalee Lozeau Alderman-at-Large Brian S. McCarthy Alderman Michael J. Tabacsko Alderman Richard A. Dowd Alderman Kathy Vitale Alderman-at-Large Barbara Pressly ADDING FOUR ADDITIONAL PARCELS TO THE SOUTHWOOD-TRAFALGAR ECONOMIC REVITALIZATION ZONE Given its first reading; assigned to the PLANNING & ECONOMIC DEVELOPMENT COMMITTEE by President McCarthy R-12-65 Endorser: Alderman-at-Large Barbara Pressly REGARDING AN INTENTION TO APPROPRIATE FUTURE FUNDS RECEIVED FROM PENNICHUCK CORPORATION FOR EMINENT DOMAIN COST REIMBURSEMENT INTO THE NASHUA CONSERVATION FUND Given its first reading; assigned to the PENNICHUCK WATER SPECIAL COMMITTEE by President McCarthy R-12-66 Endorser: Alderman-at-Large Barbara Pressly REGARDING PAINTING THE INTERIOR OF THE TWO PARKING GARAGES WHITE AND CONSIDERING MURALS Given its first reading; assigned to the COMMITTEE ON INFRASTRUCTURE by President McCarthy R-12-67 Endorser: Mayor Donnalee Lozeau APPROVING A FIRST AMENDMENT TO THE TOWER COMMUNICATIONS SITE LEASE AGREEMENT WITH METROPCS MASSACHUSETTS, LLC RELATIVE TO ITS WIRELESS COMMUNICATIONS SITE LOCATED IN MINE FALLS PARK (10 WHIPPLE STREET) Given its first reading; assigned to the FINANCE COMMITTEE and the BOARD OF PUBLIC WORKS by President McCarthy Bd. of Aldermen – 08/14/12 Page 15 NEW BUSINESS - ORDINANCES O-12-21 Endorsers: Alderman Mary Ann Melizzi-Golja Alderman June Caron Alderman Michael Tabacsko Alderman Diane Sheehan Alderman Richard A. Dowd AMENDING THE COMPOSITION OF THE REVIEW AND COMMENT COMMISSION Given its first reading; assigned to the PERSONNEL/ADMINISTRATIVE AFFAIRS COMMITTEE and the HUMAN AFFAIRS COMMITTEE by President McCarthy O-12-22 Endorser: Mayor Donnalee Lozeau Alderman-at-Large David W. Deane AMENDMENTS TO THE PURCHASING ORDINANCES TO ALLOW SALE OF SURPLUS STOCK BY ONLINE AUCTION 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 To Alderman McCarthy: Several days after the Infrastructure Committee meeting, it occurred to me our problem could be solved very easily. Then I wrote to Kathy Hersh with my solution, who in turn sent my letter to the legal department for them to reply to me. Deputy Counsel Bennett then wrote our problem is a civil matter and the city cannot intervene. To that I say the city can intervene because it was mistakes made by building inspectors and the assessing department, all of them are public servants and cannot be served a civil matter. I have papers for Mayor Lozeau and Deputy Counsel Bennett, Alderman-at-Large Cookson, Alderman Craffey and you to read. In those papers I have explained the curtilage claimed by the Gilbertson’s is protected by the Fourth Amendment of the Constitution and when taken away is … of our constitutional rights. All we want is a letter sent soon to the Gilbertson’s as explained in those papers. Sincerely. Geoff Daly, 48 Walden Pond Drive, Nashua Mr. Bennett, you put out a memo this evening about the Kettle Bog area. The description actually is way off. What it should have said is the Kettle Bog is south of the Hayden Green Condominium site and east of the Pennichuck playing fields and abuts the southwest section of Clovelly Apartments and extends to the edge of the Henri Bourque Highway. When we look at all the maps that are on the city site and even the Hayden Green site, the Kettle Bog, and you were all given, a number of you were given this map the other day, the Kettle Bog lies south of Hayden Green and east of the playing fields. One of the things I did when I was in college at University of London, is I took geography and cartography. I’ve been over and looked at the maps very carefully and when I saw your memo tonight, I go: “Woo. Access Road?” The access road, sir, is southwest of the bog, the Kettle Bog. So the true position of the bog is as I just described it. I’m quite willing to sit down with you and go over it with you later on. One thing I want to point out to this Chamber, this was a map that the Mayor gave out drawn up by Hayner Swanson for Hayden Green. In this area it states: “The water supply protection district is shaded light purple.” Ladies and gentlemen, the light purple area includes the Kettle Bog. I’ve had this checked by the state hydrologist. They agree. The Kettle Bog lies within the Pennichuck Watershed Supply System. So again, I come back on the ordinance and easement area. It’s got to be recrafted. It’s got to be recrafted Bd. of Aldermen – 08/14/12 Page 16 very carefully because we’ve got maps that have been approved and seen by this Chamber and by the state and we’re going to get ourselves into deep trouble if we don’t keep our water supply clean. And I come back to a conversation I had with Mr. Leonard. He was not aware that the natural water springs are being polluted from the run off from Manchester Street, from the Henri Bourque Highway, from Concord Street, from Clovelly Apartments and possibly if there’s an overflow from the Hayden Green design catch man basin which right now I’ll tell you, and I’ve said it before, Hayden Swanson did a pretty good job and we just hope that the compaction rate and the soil absorption rate is as good as it has been. As I said when the hurricane came through here, there was water up to my calves in that gully. Seven hours later it was dry. So we know it’s very good absorption. There’s papers being written on it by a university student paid for by Pennichuck Corporation. Now I want to come on to one other aspect and that is this Broad Street Parkway business. As we all know, I sent you all an email tonight. Apparently I put too many megabytes of attachments to it so a number of them got bounced but I can rectify that. Anyway, we demolished the boiler house. We’ve got 200 plus blocks of granite left within the boiler house area. We’re going to backfill that. And as you all know we built a brand new fire station on East Hollis Street. East Hollis Street running where the fire station is used to have a road running down, bounded on all sides by the massive granite blocks. The majority were taken out and buried behind the fire station, between the fire station and the right-of-way for the railway. When they wanted to redo the shoreline by Jackson Falls condominium, the architectural people which actually was HL Turner under John Lavine, and who might know the work he’s done at Walden Pond, he had to go out and they had to buy a number of these blocks at over $300 a piece. I actually mentioned it to Alderman Deane. He was amazed that we bury this stuff. Manchester has a huge stockpile, huge stockpile on Cohast Street. There’s got to be four or five hundred blocks of granite there. Whenever they demolish or tear something down or modify something, all those blocks are taken over and put in there for either future use, repair or replacement. We should be doing the same thing because in FST’s original plan, when we were building a four lane Broad Street Parkway, they stated that the river bank will have to be hardened and it would be appropriate hardening material similar to the existing granite walls now in the vicinity. Well I know some of the blocks have been moved around because of trees so that’s got to be reworked. But why are we going to bury 200 plus granite blocks underneath the roadway and then go out and buy them? It doesn’t make fiscal sense and it doesn’t make a good, responsible accounting for FST and the engineers who are designing the bridge. You take all the materials you’ve got available and you utilize them. You don’t buy them because they’re going to fill that whole area and it’s about 40 foot deep. Lots of truckloads of soil and dirt and everything else. The other thing, the number of bricks that were ground up, and I know because I remember a lot of people saying, “well, can we get hold of some as souvenirs?” And a few people, I understand, correct me if I’m wrong, Mayor, the answer was yes, if you ask for them. Send me a letter. Any of that hasn’t happened. A few of those bricks, I understand have been given by the city to the Holocaust Memorial where they are being assembled now to represent one of the chimneys that was used in the camps there which is excellent. The other one is we’ve talked about the bridges. There’s a company that I know of and one of the principals there was a professional at the University of Maine. They have designed, patented composite bridges. We should be looking as part of the Broad Street Parkway to utilize that type of construction because it will save us tens, if not hundreds, of thousands of dollars over the lifetime of that bridge. These polamarick bridges don’t decay like steel does. They’re not affected by road salts. Yes, we had a couple of people who, “Oh ya, we can add stuff to the concrete.” They are absolutely correct, but I saw when I was down at a particular military base the other week a polamarick bridge being assembled. There were 54-foot length beams carried by six soldiers, put in place. They had that whole abutment area covered in less than four hours. They got six of those beams per truck, on a 55-foot semi truck, six of them. If they did that in steel or concrete, there would be one beam. That would have been six trucks. We talk about pollution. If you can move six of these composite beams into place with one truck, not six, you’ve reduced the pollution to the City of Nashua by an enormous amount. The guys will sit there idling away until they are offloaded because they’ll be six trucks long. We’ve really got to look at that. We really have. Bd. of Aldermen – 08/14/12 Page 17 Lastly I come back to the Salmon Brook area which is bounded by the two parks now. That’s another reason for saving those granite blocks. We’re going to have to redo to hold the riverbank area there. I don’t think the city can afford something like 200 blocks at $300 a piece to redo that whole section of the Salmon Brook when we get around to finishing it off. We’re going to have to take the roof off of that dam and clean it all up and get rid of all the trees and the garbage that right now run underneath the Main Street road and underneath Simoneau Plaza down into the area behind Simoneau Plaza area. We’ve got a lot of garbage down there all caught up. We can’t afford to throw these granite blocks away by covering them up when we’ve got the Salmon Brook area. We’ve got the new bridge going in on the Broad Street Parkway. We’re going to have to harden certain areas according to the original FST report. And you can go back and look at it. I’m sure they’ll repeat it again in the new design. You just don’t put a bridge in without making sure you’re shoreline is secure. So we should not be filling in the old boiler house area with dirt and losing all of those granite blocks, which is an amenity to this city, and then the same thing with the chimney. We’ve heard no more about what’s going on with that. I’ve had two people ask me. Can we come in and talk to you about putting the composite stuff inside the chimney. I’ve had no approach from anybody, whether it be the administration or the department of public works. But we’re spending sixty odd thousand dollars for some consultant to come in and tell us what we already know. Ya, it’s an old chimney. But there are people out there who can save it for us. And as Alderman Donchess has put before us before, we need that. That is part of Nashua. That chimney is an icon for Nashua. And even the Mayor said when she was growing up here, she could see that chimney. Ya, it’s come down a little bit and we want to try and return it back to the height it was, but I’m disappointed that no one has attempted to ask how do we go about this composite reinforcing of the Millyard chimney to save it. I’ll tell ya, $64,000 buys an awful lot of composite material, and I know that for a fact. We just put up 26 tons of overhead grading and catwalk, $19,000. So if we think about it, bring as many people as we can in on all sorts of decisions. Utilize the people in the city. There’s a lot of people out there who’ve got a lot of knowledge, just got to reach out and ask them. Like I said, I’ve got two people who have approached me about this composite stuff. I’ve reached out. I’ve had no phone calls back. So we’ve got to look at all the costs. We’ve got to look at saving stuff wherever we can. Thank you very much. REMARKS BY THE MEMBERS OF THE BOARD OF ALDERMEN Alderman Pressly I would just like to comment what a thrill it’s been to watch the Olympic games in London. I’m sure many of you have enjoyed them too. What a thrill to see the amazing athletic skills of people from all over the globe. The display of sportsmanship is so wonderful to see. It was particularly fun for me because I lived in London for 2 ½ years many years ago. They did an amazing job of organizing and seeing that it was done well. The coverage was extraordinary. I hope everyone had the same joy of what I had. Thank you. Alderman Cookson I wanted to thank our two speakers this evening that gave public comment. Then during the first public comment I thought it was particularly interesting was as one of our public speakers addressed, the contract award for construction demolition and scrap metal processing. He posed a question, and if I could, I’d like to pose it to the Mayor at this point in time. I don’t know if there’s an answer, and I was curious what the answer might be. Is there a benefit to the city with regard to the scrap metaling of the cast iron and the aluminum beside the removal of it for the cost of $300,000? Mayor Lozeau I believe there is a benefit but, Alderman Cookson, we discussed it at the public works meeting. I don’t have that information in front of me to accurately answer the question. Bd. of Aldermen – 08/14/12 Page 18 Alderman Cookson Thank you. Alderman Craffey I just wanted to remind everybody that we have a Mine Falls Trail Day this weekend at 9:00 a.m. Dress appropriately in yard work. Come on down and work on the trails, clean them up. We meet at the Lincoln Park entrance. Dress appropriately for light yard work, long pants, make sure we don’t get any ticks. Thank you. Alderman Deane I just had one comment. It was a sad day yesterday in the world of baseball with the passing of Johnny Pesky. Google his name and read about his life. He was quite an amazing guy. I always was really sort of irate when major league baseball decided they were going to put a limitation on the amount of coaching staff that was allowable in the dugout. Our friend, if you remember him, Dan Douquette, remember he sat over here one day telling us all sorts of tall tales, he was the one charged with kicking Pesky out of the dugout and getting rid of him. I always thought it was wrong. I said: “You know, what can a man of that age really contribute to the program of the Red Sox team?” The more I thought about it, he probably contributed more than some of the other guys that were there and knew more than probably all of them put together. They had an advantage of giving him the boot out of there, but he was quite an amazing guy. I remember when I was a kid, we’d go to Fenway Park and you’re see the Fungo Circles. You don’t see those at many ballparks. Those were Pesky’s fungo circles. That’s where he would stand and hit ground ball after ground ball. He never bent over and picked a ball up. He’d take his fungo bat and bang it, and the ball would come up in his hand. It was an art to watch him. If you saw any of the tribute to him yesterday, Jim Rice said that Pesky was the main reason for his success in baseball. You look at Jim Rice and little Johnny Pesky, it’s quite a remark to make. Thank you. Alderman Sheehan I’m looking forward to August 24th, the next Fancy Friday. This one will be benefiting the Nashua Children’s Home. It is a fancy and famous, which means your fancy outfit should be reflected as somebody who is famous. So anybody who is looking to support the program, I have wristbands. They will be available at some of the downtown merchants as well for $10. Even if you can’t go, buying a wrist band is a good cause to support so I look forward to beating up on my phone tomorrow, running around wristbands. So anybody could call me. I have plenty to distribute. Thank you. Alderman Donchess I would like to be the first to congratulate our very able assistant on what I believe is her birthday today although I wish you were home going out to dinner with her husband or whatever than being here. But here she is. A sign of her dedication. Number two, I for one, like the idea of saving the granite blocks that apparently are over at the boiler house. Alderman Caron I’d like to extend our condolences to the Campbell family on the passing of Jim Campbell yesterday. Jim worked for the Board of Public Works and the Street Department for over 25 years. He was a foreman for the mechanic division. He was a very nice guy and I worked with him quite a bit, especially when he had to deal with my vehicles. My condolences to the Campbell family. Bd. of Aldermen – 08/14/12 Page 19 Alderman Chasse I’d like to thank all the sponsors out there that helped us out for the Club National Golf Tournament for the Nashua Children’s Home. We gave a check another night just shy of $16,000. It was a beautiful day. Thank you. Alderman Melizzi-Golja Just a reminder to everyone that next Thursday, August 23, from 5:00 – 6:30 p.m. will be the 8th Nashua Goes Back to School event for all school-aged children in the City of Nashua, both those who attend public, private and home-school. Each of the alderman and the mayor are invited. Also, thank you to many of the residents of Ward 8 who participated in a neighborly yard cleaning last Saturday. Your efforts were greatly appreciated. And in reference to the question about scrap metal, on the back in the memo from the Mayor, it indicates that revenue from the metal recycling operation is to be directed to and account is referenced which is scrap metal recycling. Thank you. Alderman Dowd I too would like to thank all the athletes from the Olympics. I have often supported sports in the schools, sometimes to the opposition of other people on the Board of Ed but a number of those young students who have brought home gold medals for the United States and stood on a podium representing our country are going back and representing their high schools in those same sports. I think that speaks a lot for these young kids that have put in so much time and effort to reach that kind of a goal and to dominate in their sports and also just to show the pride, the US Mens Basketball team, they’re all millionaires standing up on the podium all signing the National Anthem with their hand over their heart and accepting flowers which I thought was something else, but it goes to show that there was a lot of spirit and comradely amongst our athletes representing this country which I think is very important. Alderman Wilshire I would like to take this opportunity to thank the Club National and all the sponsors for the 13th Annual Golf Tournament and the proceeds that have gone to Nashua Children’s Home over those years. The club has raised almost $200,000 over that period of time for the transitional living program at Nashua Children’s Home. It receives no public funding, just donations and contributions from the generous support of people like the club. I’d also like to thank the hockey players who participated in the all day power play over at Cyclone Arena in Hudson, July 24th. It’s a 24-hour hockey game. They raised $30,000 for the Children’s Home. So we are very fortunate to have those types of supporters out there and as you know in the non- profit world, you’ve got to raise money and we’ve had some really good supporters so I want to thank them. Also, I’d like to extend a happy birthday to Sue Lovering. Alderman Deane I’d like to take the landfill question that was brought up earlier. Under Attachment C3, I believe it’s more than just a transfer of funds. It states from the contractor, themselves, that “we are currently serving the City of Nashua Four Hills Landfill for the recycling of their C&D debris as well as the scrap metals, ERRCO and LL&S also provides unique products that the landfill uses in their day-to-day operations. These NH DES approved products are our chip cover which can be used as daily covering in the landfill and our intermediate road base product that helps to stabilize roads in and out of the landfill. We are the only New Hampshire based company that can provide these materials and they are an important revenue source for the landfill.” It goes on to say: “As we have done with previous contracts, we’re able to credit all revenues from the metals, cover chips and intermediate road base towards the disposal recycling of Nashua’s C&D debris. We will defer to the landfill’s preference.” And it goes on to state that. So there’s a little mingling going on but there is revenue associated with it. Thank you, Mr. President. Bd. of Aldermen – 08/14/12 Page 20 President McCarthy Speaking of birthdays, in addition to Ms. Lovering’s, 20 percent of the board has a birthday between now and our next meeting. Alderman Moriarty on the 20th, Alderman Cookson on the 28th, and Alderman Melizzi-Golja on September 8th. In addition, 20 percent of the city clerk’s office also has birthdays. Mr. Bergeron on August 17 and Ms. Piecuch on August 27th. Committee announcements: Alderman Cookson Infrastructure is next Wednesday, the 22nd, at 7:00 p.m. right here in these Chambers. Alderman Chasse Personnel/Administrative Affairs on Monday, the 20th, 7:00 p.m. in these Chambers. ADJOURNMENT MOTION BY ALDERMAN SHEEHAN THAT THE AUGUST 14, 2012 MEETING OF THE BOARD OF ALDERMEN BE ADJOURNED MOTION CARRIED The meeting was declared adjourned at 8:40 p.m. Attest: Patricia Piecuch, Deputy City Clerk