Aldermen, Board of

A regular meeting of the Board of Aldermen was held Tuesday, October 23, 2012, at 7:32 p.m. in the Aldermanic Chamber. President Brian S. McCarthy presided; City Clerk Paul R. Bergeron recorded. President McCarthy Before we begin, the Chamber lost a long term fixture last week with the passage of Dot Nice, and I would ask that we recognize her with a moment of silence. Moment of Silence Prayer was offered by City Clerk Paul R. Bergeron; Alderman Chasse led in the Pledge to the Flag. The roll call was taken with 13 members of the Board of Aldermen present; Alderman Caron, Alderman Melizzi-Golja were recorded absent. 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 do. This evening I begin my remarks by speaking to R-12-44 relative to recycling. I would thank the sponsor of the legislation for graciously agreeing to table that until the Board of Public Works had an opportunity to speak about it. At our meeting this past week, we did have a discussion about it and I believe that there is a copy of an amendment that Commissioner Moriarty has suggested that the Board consider. I hope he had an opportunity to speak to the sponsor but I don’t know that that took place. I think the amendment that’s been presented by the Board of Public Works with a 4-1 vote goes a long way towards trying to strike a balance. We seem to be having a lot of struggles with which board does which work and I was pleased that Commissioner Moriarty had looked at it in a way to try to provide the information that was necessary in a way that would still get to where I think the Board would like to go with additional information. But, I’m glad that it’s here and I hope that you’ll consider it this evening. The next item, this just in, a communication from me late in the day today - some of you may have heard that President Obama is looking at coming to Nashua on Saturday. They’ve been looking at different locations to try to find the best location for that event. One of the locations that they are considering is Greeley Park. That is due to the fact that Holman Stadium is not available and Stellos Stadium is not available. Now, while Greeley Park may not be their final choice, in order for that to be one that they can consider, it will require you considering suspending the Ordinance that relates to sound in the band shell. So, hopefully you will consider that tonight and make a decision so I can let them know if that’s an option for them or not. I was very pleased, I have to say, that today was a Board meeting so that when the question came up I had an opportunity to bring it here for discussion. Next, I wanted to point out, in case you haven’t seen it, just live today on the city homepage there is a vote button, it’s on the left side of the homepage. If you go to it, you will find information that the City Clerk has put there to make it easily accessible to people, along with things that Mr. Marino has put there relative to a map as it relates to voting locations and also the Transit Department has put together a schedule that they can show you on busses to get you to all the polling places in the city. I think it’s the first time that there’s been a comprehensive look at how that can all be done and put together and hopefully it’s made the Clerk’s job easier and not harder but you might want to check it out or recommend it to folks. Lastly, I want to take a moment to talk about two people that we have lost this past week. As the President of the Board mentioned, we’ve lost Dot Nice last week and I think almost, a majority of us were quoted in the paper talking about our experiences with Dot over the years. I believe my quote was something like, she was dedicated and passionate and behind it all you might not know it but there was a pretty big heart that I think she most often tried to hide. But Dot, not only did she play an important role here in the chamber but she was very involved in the community with different organizations, the Bd. of Aldermen – 10/23/12 Page 2 SummerFun Committee and the VFW and the Ladies Auxiliary and things like that. For those of us who have walked behind her car in a parade more than once, we certainly know all that she brought to the city and all those things that were so important to her and I would send out my sincere sympathies to her husband, Walter, and the rest of her family. Also, we lost Lucy Cudhea. Some of you may recall Lucy. She led the Pledge of Allegiance at the last two Mayoral Inaugurations. Lucy, I’m not going to say she’s a friend any more – she became family to me and her grandfather was actually a mayor of the City of Nashua in 1938, Mayor MacMaster. When Lucy told me that, that’s what prompted me to ask her to participate in my inauguration. She was so excited to be part of it and she remembered being here at 12 years old when her grandfather was sworn in and I think all of us want that for our children, to remember some of those special times on things that are important about being a good citizen. And, so Lucy became somebody that we adopted. She was engaged, she paid attention, she read the paper, and she wanted to make sure people knew what was going on and what it meant. She was involved with WSMN for a long time, but she really loved city government, much the same way as Dot, but with a bit of a different approach and so my condolences go out to her two sons and grandchildren as well. With that, Mr. President, I would thank you for your kind attention, as always this evening. RESPONSE TO REMARKS OF THE MAYOR – None RECOGNITION PERIOD - None READING MINUTES OF PREVIOUS MEETING MOTION BY ALDERMAN WILSHIRE THAT THE MINUTES OF THE REGULAR MEETING OF THE BOARD OF ALDERMEN OF OCTOBER 9, 2012, BE ACCEPTED, PLACED ON FILE, AND THE READING SUSPENDED MOTION CARRIED COMMUNICATIONS 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: Mayor Donnalee Lozeau Re: Presidential Visit – Greeley Park MOTION BY ALDERMAN WILSHIRE TO ACCEPT, PLACE ON FILE AND TEMPORARILY SUSPEND NRO 215-2.1, WHICH PROHIBITS ADDITIONAL OR OUTSIDE AMPLIFICATION DEVICES AND SPEAKERS AT GREELEY PARK, STARTING THURSDAY, OCTOBER 25, 2012 AT 12:00 PM THROUGH SATURDAY, OCTOBER 27, 2012 FOR A VISIT FROM THE PRESIDENT OF THE UNITED STATES MOTION CARRIED Alderman Deane While we’re still in the suspension mode, I’d like to move to further add another memo received from Mayor Lozeau dated 19-October-2012 pertaining to the boiler house oil tanks. Accept it and place it on file. Bd. of Aldermen – 10/23/12 Page 3 President McCarthy I assume that’s a memo that was in our packet? Alderman Deane Yes. From: Mayor Donnalee Lozeau Re: Boiler House MOTION BY ALDERMAN DEANE TO ACCEPT AND PLACE MOTION CARRIED Alderman Deane I would ask that when we get any of these memos that are made part of our packet that they be placed on the agenda so they can be made part of the record. If you wouldn’t mind considering that, I would appreciate it. Thank you. PERIOD FOR PUBLIC COMMENT RELATIVE TO ITEMS EXPECTED TO BE ACTED UPON THIS EVENING Robert Sullivan, 12 Stonybrook Road, Nashua First off, I’d like to give my condolences to Mr. Walton Nice about Dot Nice’s passing away. I knew Dot Nice almost 10 years, especially when I was affiliated with the Nashua Tax Payer’s Association. I’ll never forget her always telling me that the reason why she used to sit back there when I President of the Nashua Taxpayer’s Association, she would collect all the minutes of the meetings and she would give them to me. Then she said, Bob, I hope you’re taking care of all that information I give you so when you go home you can file it somewhere. I said, yeah Dot, I file in my office in the round file. I thought she knew what I meant. About three of four weeks later she called me up and left me a phone message and indicated to me that she found out what the round file meant and she didn’t appreciate me throwing away the paperwork. I had to explain to her that I did read it. I promised her and that all the stuff was on the website, you could get it on your computer and she didn’t realize that. She said she was going to continue to collect the paperwork anyway and I didn’t throw it out until after I resigned from the Nashua Taxpayer’s Association. So I knew Dot Nice, she was quite a character. I think Mayor Lozeau summed it up pretty well. I want to give my condolences especially to her husband, Walt, who is a heck of a nice guy, very quiet, good demeanor and all the families and friends of Dot Nice. I’d like to talk about Resolution 12-44. Establishing a Committee to investigate an expansion of the City of Nashua’s recycling program. I thought this was a real good idea and I’d like to thank whoever put this together. I think it was Alderman Donchess and I believe it was also Aldermen Deane, Pressly, Chasse and Cookson who endorsed it. It’s great to have the idea. I did see in the Agenda that it had been amended by the Board of Public Works. I didn’t see the amendment or the memo in the agenda, usually these things are at the end of the agenda, typically, and I just read it. It appears that the major difference between what the Board of Aldermen put together and the modification that the Board of Public Works would like, and I apologize but I just got this when I went up to the table. Instead of the Board of Aldermen putting together a committee to look at this, that the Board of Public Works will investigate expanding recycling in the City, specifically included, but not limited to additional curbside recycling and collection of major condos and apartment complexes and private schools, etc., etc. They will report their findings April 30, 2013. I guess it’s good that someone looks into this. But I believe it would be more appropriate that the Board of Aldermen continue with their resolution, because frankly, I think that the Board of Alderman, might get it completed before April 30 because they meet more Bd. of Aldermen – 10/23/12 Page 4 frequently, the Board of Public Works meets every four to six weeks and I don’t know how much they can get done in that period of time. They used to meet twice a month but now they meet once a month, although I attended the 18th meeting and now they’re not meeting until November 29, which is kind of excessive when you really think of it. I think that the Board of Aldermen meeting twice per month are much more open in their proceedings. If citizens want to come to this meeting and comment on the work that they are doing, they can do that. You can’t really do that at the board of public works because they meet at 2:00 p.m. I think it’s because of the openness and transparency of the board of aldermen I think it’s much more beneficial that the board of aldermen just pass the resolution as is. I did have a chance, took the time this afternoon to look through the charter of the board of public works. Frankly, I can’t see where something like this is in the charter, is associated with their responsibility as defined in the charter. There is one area where is says section (f) “They shall have the purchasing as well as the care of control of all teams and other property used in the department of public works established as aforesaid.” This seems to me that a lot of the, it’s the first time I read what the charter or the general powers of the board of public works is, there’s a lot of old language in this. It really seems that maybe this should be updated, although I understand there’s a lot of work associated with updating the charter. However, I really don’t see where the board of public works is responsible for initiative to look into things, especially if the board of aldermen bring it up. But I guess that’s your call. I guess the best thing is to get the job done and I want to again thank you, Alderman Donchess, for bringing this up. Thank you very much. PETITIONS – None NOMINATIONS, APPOINTMENTS AND ELECTIONS – None REPORTS OF COMMITTEE Finance Committee............................................................................... 10/17/12 There being no objection, President McCarthy declared the report of the October 17, 2012 Finance Committee accepted and placed on file. Human Affairs Ad Hoc Committee ....................................................... 10/01/12 There being no objection, President McCarthy declared the report of the October 1, 2012 Human Affairs Ad Hoc Committee accepted and placed on file. Human Affairs Ad Hoc Committee ........................................................ 10/11/12 There being no objection, President McCarthy declared the report of the October 11, 2012 Human Affairs Ad Hoc Committee accepted and placed on file. WRITTEN REPORTS FROM LIAISONS MOTION BY ALDERMAN COOKSON THAT THE RULES BE SO FAR SUSPENDED AS TO ALLOW FOR THE INTRODUCTION OF A LIAISON REPORT RECEIVED AFTER THE AGENDA WAS PREPARED MOTION CARRIED Board of Public Works Liaison Report .................................................. Sept-Oct, 2012 There being no objection, President McCarthy declared the liaison report for the Board of Public Works meetings of September 20, 2012 and October 18, 2012 accepted and placed on file. Bd. of Aldermen – 10/23/12 Page 5 Alderman Cookson I just wanted to make the board know that there are comments with regard to Resolution 12-44 as we discuss it this evening that are part of this liaison report. I’ll be sure to point those out again as we bring up the topic. Thank you. CONFIRMATION OF MAYOR'S APPOINTMENTS - None UNFINISHED BUSINESS – RESOLUTIONS R-12-44 Endorsers: Alderman-at-Large Jim Donchess Alderman-at-Large David W. Deane Alderman Arthur T. Craffey, Jr. Alderman-at-Large Mark S. Cookson Alderman-at-Large Barbara Pressly Alderman Diane Sheehan Alderman-at-Large Lori Wilshire Alderman Richard A. Dowd Alderman Daniel T. Moriarty ESTABLISHING A COMMITTEE TO INVESTIGATE AN EXPANSION OF THE CITY OF NASHUA’S RECYCLING PROGRAM Given its third reading; MOTION BY ALDERMAN DOWD TO AMEND R-12-44 BY REPLACING IT IN ITS ENTIRETY WITH THE PROPOSED AMENDMENT PLACED ON OUR DESKS THIS EVENING ON THE QUESTION Alderman Dowd I can read it if you like. This is a resolution establishing a committee to investigate an expansion of the City of Nashua’s Recycling Program. In the Year Two Thousand and Twelve WHEREAS, the City of Nashua has had an active recycling program for 25 years and many Nashua residents are dedicated recyclers; WHEREAS, the Nashua landfill is a valuable resource which needs to be preserved; WHEREAS, recycling saves the City money in the long run by helping to extend the life the Nashua landfill; WHEREAS, the City does not collect recycling at Nashua condominiums and major apartment complexes; WHEREAS, encouraging an increase in recycling by residents of condominiums and major apartment complexes is in the best interest of all Nashua citizens; WHEREAS, the City could increase recycling at condominiums and major apartment complexes by collecting recycled items at a central point or transfer station at each condominium and major apartment complex; Bd. of Aldermen – 10/23/12 Page 6 WHEREAS, there is an economic incentive for the residents of condominiums and major apartment complexes to deliver recycled items to a central point or transfer station; WHEREAS, NRO 5-43, B (6) provides that the “Director of the Public Works Division shall be responsible for the satisfactory operation of the City’s sanitary landfill, the collection of municipal solid waste and any other related solid waste operations and duties”, and the Board of Public Works has accordingly treated the Solid Waste Department, including recycling, as part of its responsibilities; and WHEREAS, NRO Chapter 270, “Solid Waste” contains references to recycling, including the placement of recycling carts and frequency of recycling collection, as well as stating in NRO 270-10 that “[i]n order to provide for recycling of classes of trash and waste which have an established market value or cannot be used in the sanitary landfill, no person shall place or leave, or caused to be placed, trash or waste material of any kind in any place or on any property for collection except in accordance with rules and regulations promulgated by the Board of Public Works”. NOW THEREFORE, BE IT RESOLVED by the Board of Aldermen of the City of Nashua that the Board of Aldermen request that the Board of Public Works investigate expanding recycling in the city, specifically including but not limited to, additional curbside recycling, and collection of recycling at residential condominiums, major apartment complexes, and private schools; and FURTHERMORE, BE IT RESOLVED, that the Board of Public Works present a report of its findings and recommendations on this subject to the Board of Aldermen by April 30, 2013. This is a good concept, and I have nothing against the concept. I live in a condominium complex, and I’m on the Board of Directors and have been for quite some time. We do have some concerns. I think investigating this completely and coming up with findings that can be presented to the various organizations that you’ll be impacting, I think is critical. I think this is a reasonable way of doing it. I don’t think it should be done in too short a period of time. I think we ought to be thorough. It’s going to take time, I would think. If you’re going to try and talk to all of the condominium associations and apartment complexes that’s going to take some time. Quite frankly, I don’t know how many aldermen want to spend that much time in this particular subject, but perhaps the board of public works establishing the type of committee that Alderman Donchess is looking for would have a better opportunity to collect that data and get it back to us. I think if it’s not done right not only is it going to cost the condominium complexes more money, but it could also cost the city more in the long run. I think the facts need to be found and presented to the board of aldermen so we can make a sound decision. T hank you. Alderman Donchess When I originally proposed this, I thought over the course of recycling in the city. It has always been an inclusive and widely supported program. When we launched the first pilot in 1987, we had volunteers go out and circulate the bins in the first neighborhood that was going to undertake the program. Then as that expanded, we continued to use volunteers. It has always been a very inclusive situation. So when I proposed this, I looked at the charter which gives the board of aldermen the authority to investigate any question pertaining to the welfare of the city. I thought: “Well, we should look at this question. How can we expand recycling beyond where it is into the apartment projects and elsewhere.” As I was campaigning last year, a lot of people from condominiums did ask about this subject. When this was proposed in June or so, at one point it was going to be heard at a time when the president of the board, Mr. President, you, couldn’t make it, and we proposed it at that point. It came up for a vote two weeks Bd. of Aldermen – 10/23/12 Page 7 ago. I had heard that the board of public works wanted to have a member of the board of public works included on the committee. Now I had not heard that directly, but I think another member of the board of aldermen had gone to the meeting or whatever and suggested that. I said: “Fine. Let’s include whatever they want really.” So we amended the resolution last week to include a member of the board of public works. But the mayor two weeks ago said that the board of public works wanted to consider it further and asked that it be postponed. And rather than have a divisive argument over something that I think should be an inclusive subject, I of course agreed to go along with two more weeks. Then I got Commissioner Moriarty’s amendment which I found a bit discouraging. Why? Because now instead of three aldermen and two citizens and a member of the public works, now the board of public works comes back with “We want the board of aldermen not to be involved at all. We want to do it.” I thought: “Oh great. Now we’re going to have what? A dispute between the two boards over who is going to do this?” But I focused on a sentence that was included in Commissioner Moriarty’s letter with a cover letter to the amendment. That sentence reads: “I would welcome participation from the board of aldermen and anticipate both staff and resident involvement.” As I thought about that sentence, I thought even though I had not intended to exclude anyone when I proposed this in the beginning, as I thought about what Commissioner Moriarty had written, and I’ve known him for many years, it occurred to me that I, in proposing the original membership of the committee, probably overlooked the board of public works and the role that they have in both solid waste pickup and management. But I think what Commissioner Moriarty is now proposing goes too far in the other direction because now it does not include any aldermen and doesn’t include any citizens. Yes, the board of public works supervises garbage collection and the recycling efforts but the board of aldermen needs to fund those things. And as Alderman Dowd just pointed out, if we’re going to be able to effectively decide how to extend recycling into the condominiums, which is one of the areas where everybody is looking at trying to do it, we need to get input from those residents. So before we came in tonight I prepared an amendment to the Moriarty amendment which I will offer now. I would leave all of the “whereas” clauses as they are, and I will read it, but I will explain it in substance. What it proposes is that we include everyone. All of the members of the board of publics, three members of the board of aldermen to be appointed by you, Mr. President, as well as citizens to be appointed by you. Then it’s not exclusive. We don’t have the board of public works saying they are going to do it; we don’t have the board of aldermen saying we’re going to do it. We include everyone which has been the spirit of recycling for the last 25 years. The amendment that I would propose would substitute for the last two paragraphs that Commissioner Moriarty had written. It substitutes the following: “Now therefore, be it resolved by the Board of Aldermen of the City of Nashua that the Board of Aldermen establish a committee consisting of the members of the Board of Public Works, and three aldermen and three citizens of Nashua to be appointed by the President of the Board of Aldermen, investigate expanding recycling in the city…” Then it just continues to go on as Commissioner Moriarty’s resolution does. Except at the last furthermore clause it just says: “…that the Committee present a report…” and it gives the same dates rather than the board of public works. I have this in writing typed, if you like, if that would help. President McCarthy I think we’ll need it if it passes, but I think everybody is clear on what the text of the amendment is. Is there anyone who is not clear on it? Alderman Donchess So Mr. Donchess, what it would say is we now have larger committee, an inclusive committee. All the board of public works, some members to be appointed by you and some citizens, who, together, can work on the deadline that has been proposed by the board of public works. I offer that as an amendment which I think is a more inclusive approach than either of the two that we’ve considered to date. Bd. of Aldermen – 10/23/12 Page 8 President McCarthy The motion is to amend the proposed amendment to include a committee consisting of the four public works commissioners, three members of the board of aldermen and three citizens, the last six appointed by the President of the Board. Is that correct, Alderman Donchess? Alderman Donchess With the only caveat being that there are five members of the board of public works. President McCarthy It wasn’t clear to me whether the mayor was included in her ex officio role or not in the amendment. Let’s just make that clear. Alderman Donchess But the mayor is more than an ex officio member. The member is the presiding officer of the board of public works. I intended to include the mayor when I said amendment. Alderman Tabacsko How many citizen reps? President McCarthy Three. Alderman Moriarty As with any commission, committee or ad hoc committee, there tends to be or there needs to be a chair person. I would like to ask Alderman Donchess if he might recommend or at least his opinion who he feels the chair person should be, or if it should simply be up to vote of the committee members. Alderman Donchess My opinion would be it would be up to the committee to decide. Although if anyone felt a different way, I don’t have strong feelings how a committee chair would be established. President McCarthy My gut feel on it would be that one of the aldermen would be appointed as the chair if it is in fact a subcommittee of the board of aldermen. Alderman Donchess And I assume that means by the President of the Board, which would be fine with me. MOTION CARRIED President McCarthy The motion then is to amend the original legislation with the amended that was just crafted with the two amendments. Bd. of Aldermen – 10/23/12 Page 9 Alderman Dowd I just wanted to point out one thing even though I read the amendment which included the original motion. The part that I think you’ll have problems with condominium associations, at least the largest one in the city, is where it says that you will collect from a central point. Right now at the Village of Kessler Farm, our trash collection provider does the recycling and picks up at every individual unit. They may not be favorable, at least in spirit, of having a central location plus the condominium association having to find a place where you put that kind of facility. That maybe something you’ll have some pushback from certain condominium associations. Alderman Donchess I don’t think that language is there anymore. I think we took the “whereas’” that the board of public works had written and included these two new paragraphs which basically track what they did, except that we added just a few more members. I think the original language regarding the central point is no longer there. President McCarthy It is in the sixth paragraph. Alderman Donchess In the “whereas” clause you mean? President McCarthy I’m not sure that precludes the committee from making recommendations that go beyond that. Alderman Donchess I don’t either. President McCarthy The motion then is to substitute this amendment for the original R-12-44. MOTION CARRIED MOTION BY ALDERMAN DONCHESS FOR FINAL PASSAGE OF R-12-44 AS AMENDED MOTION CARRIED Resolution R-12-44 declared duly adopted as amended. Bd. of Aldermen – 10/23/12 Page 10 R-12-77 Endorsers: Mayor Donnalee Lozeau Alderman Michael J. Tabacsko Alderman Richard A. Dowd Alderman Mary Ann Melizzi-Golja Alderman Diane Sheehan Alderman-at-Large Barbara Pressly Alderman Arthur T. Craffey, Jr. APPROVING A FIRST AMENDMENT TO THE SITE LEASE AGREEMENT WITH SPRINT SPECTRUM L.P. RELATIVE TO ITS WIRELESS COMMUNICATIONS SITE LOCATED IN MINE FALLS PARK Given its second reading; MOTION BY ALDERMAN TABACSKO FOR FINAL PASSAGE OF R-12-77 MOTION CARRIED Resolution R-12-77 declared duly adopted. UNFINISHED BUSINESS – ORDINANCES – None NEW BUSINESS – RESOLUTIONS R-12-78 Endorsers: Mayor Donnalee Lozeau Alderman-at-Large Brian S. McCarthy Alderman Michael J. Tabacsko Alderman Arthur T. Craffey, Jr. Alderman Richard A. Dowd AUTHORIZING THE CITY OF NASHUA TO ENTER INTO A GROUND LEASE AGREEMENT WITH CVS MANCHESTER NH, L.L.C. Given its first reading; assigned to the FINANCE COMMITTEE by President McCarthy R-12-79 Endorsers: Alderman-at-Large Lori Wilshire Alderman Arthur T. Craffey, Jr. Alderman Diane Sheehan Alderman Michael J. Tabacsko RELATIVE TO THE RECLASSIFICATION OF U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT HOME INVESTMENT PARTNERSHIP PROGRAM CHDO FUNDS AND FUNDING THE 45-47 CHESTNUT STREET PROJECT Given its first reading; assigned to the HUMAN AFFAIRS COMMITTEE by President McCarthy NEW BUSINESS – ORDINANCES O-12-26 Endorser: Alderman Diane Sheehan AUTHORIZING A STOP SIGN ON LOWELL STREET AT ITS INTERSECTION WITH ORANGE STREET Given its first reading; assigned to the COMMITTEE ON INFRASTRUCTURE by President McCarthy Bd. of Aldermen – 10/23/12 Page 11 PERIOD FOR GENERAL PUBLIC COMMENT Paula Johnson, 15 Westborn Drive, Nashua I come before you again tonight asking for my public apology. I’m just not going to let this go. I sent you an email, Mr. President, on October 14 and asked for a response by the 21st for the meeting tonight. You did tell me earlier that you were too busy and haven’t had a chance to respond. This is public information at this point in time. I am aware you have a different version of what happened downstairs in the parking lot. People have told me that they heard that they heard the Alderman slam the door and screech out of the parking lot. I don’t appreciate her verbally attacking me. I don’t care what you all do in this chamber, nobody cares anymore but I as a private citizen am tired of not being able to get this apology. What’s so hard about apologizing? Alderman Pressly said that in the last meeting about an apology. What’s so hard? Something was done, it was done wrong and I am entitled to an apology. If this person doesn’t apologize maybe they don’t have the right and shouldn’t have the privilege of representing the community and city. You shouldn’t be nasty to a constituent who never said a word to you, never spoke to you, I don’t even care about you. You’re not even my Alderman. To be verbally attacked like that is unacceptable. Maybe we need to bring this before the ethic review committee at this point in time and if there are any other citizens who had this happen to them, maybe they need to come forward so we can do this as a group and then make sure whoever is on that committee, there is no conflict of interest to hear the case. I want my apologize. When I’m told there are two different versions of this and I can’t get an apology, I take that as a character assassination on me. I’ve sat on Board of Education for two years, I was an Alderman in the Chamber for four years and I was a State Rep for two years. Never, ever did I ever talk to anybody like that. Even the times when Dot Nice wouldn’t be talking, I was never rude to her and for this to happen, I don’t think so. I want my apology. I think I’m entitled to this apology. Nobody should ever be this rude to any constituent in this city. Thank you. Robert Sullivan, 12 Stonybrook Road Good evening. Alderman McCarthy may I suggest we hang up the code of conduct that used to be hanging in this chamber. Remember back in 2008 I would ask you and others where did it go? I asked Mayor Lozeau if it could be re-hung up. She replied to me in an email that she was not responsible for the tings that are hung up in the Aldermanic Chamber, but it’s the responsibility of the President of the Board of Alderman. I asked a previous president, why isn’t it up and there is no room. I’m looking at the walls right now. There is plenty of space there. There is plenty of space right above Alderman Wilshire’s head right behind her. There is plenty of space here. There’s a space. There’s a space there. There’s a space there. Plenty of space to hang it back up. Maybe you could consider that Alderman McCarthy and get it up there in the near future. I don’t know why it was taken down in the first place. I know that it was taken down shortly after Item #8, about how to handle citizens in a better way and then it was shortly taken down by the Alderman who was a violator of that, but that person is no longer with us here in these chambers. If you could give that your consideration I would appreciate it. I would like to talk about a little talk I had at the Board of Public Works meeting last week. I hate to beat a dead horse, I really do. It’s not easy to come here and talk about these things. Frankly, I’m concerned about the Board of Public Works meeting at 2:00 p.m. once a month or once every month and a half at 2:00 p.m. Here is one of the main reasons why I’m concerned. They used to meet early evening or late afternoon to better accommodate citizen participation. Who can go to the meetings today? People who are retired. People who are unemployed. People who can leave work and go. It really restricts citizens from participating in a publicly elected board and I let the Board of Public Works know about that. The other thing it does, is it restricts citizens from running for that office. I don’t think it’s intentional. I’m hoping that it isn’t. But maybe one of the unintended consequences is that by having the meetings at Board of Public Works meetings at 2:00 p.m., the citizens feel they cannot run for it because they cannot attend at those times. The Board of Public Works or the Chair of the Public Works never said this is only temporary. If someone runs for this office and they can’t meet during the daytime, then we’ll put these meetings after hours. That was never mentioned. Thank goodness, Commissioner Tracy Papas put a Bd. of Aldermen – 10/23/12 Page 12 motion to move the meetings to 7:00 p.m. so that the public could participate if they wanted to. All I know is that I had to leave the meeting on the 18th early because I had to get back to work. I wish I was retired but I’m not. I’m not that well off. I have to get back to work. I cannot attend meetings that take place at 2:00 p.m. for that long. Just thing about that last thing, coming across restricting who can run for the Board of Public Works. It’s not good at all. I’m also going to have to start as I stated at that meeting to start charging the City of Nashua comp time for my vacation. I will have to take vacation time to attend these meetings. I don’t think I should have to. I hope my wife’s not listening tonight because when she finds out about it I’m in deep doo doo. Maybe she can call Mayor Lozeau. I had a nondisclosure agreement drafted and I will be sending that to you Mayor as Chair of the Board of Public Works either tomorrow or the day after, a nondisclosure agreement indicating that I will be sending you a bill for the hours that I have to take vacation time for if I want to attend a Board of Public Works meeting. I just would appreciate it if you didn’t go around telling people how much I made so that you could just invoice the City. I’m not a publicly elected official, I don’t have to tell people what I make. But I am going to send a bill to the City if I have to attend a Board of Public Works meeting during work time, because the only way I can do that is to take vacation time. I don’t think that’s right. Does the Board of Alderman think its right? I sent you an email about that, but never got any response. So, thank you Commissioner Pappas, not to be confused with the other Commissioner Pappas for putting that in. I think the Board of Public Works are good people. Sometimes we all get a little hot under the collar now and then. I’m sure that these meetings will be moved to a better time to accommodate the citizens of Nashua. Because at one time they were and it was January 2008 when then were changed to 3:45. Now they are at 2:00 p.m. Unacceptable. I had an opportunity to listen to another meeting, the end of it. I think it was a joint meeting between the Board of Alderman and the School Board of Ed. I only saw the end of it and I did see Superintendant Conrad talk about the issues associated with passing the budget in the City such a late period of time. He indicated that in his opinion, we may not be getting the best teacher candidates because the other towns and cities are hiring them and the main reason is that they pass the budget in the March timeframe. I have been here for the last two or three years asking the Board of Alderman to bring in the budget time. The rest of the State of New Hampshire, 99% of them pass the budget before this city does. The City of Manchester gets their budget to the Board of Alderman four to six weeks sooner than we do. Now we are hearing from Superintendant Conrad that if the budget were pulled in earlier, then the Board of Education and the School system would understand how many dollars they have and then they go out and hire teachers, maybe get the cream of the crop. I’m not saying any of the candidates that we hire aren’t the best, I’m just repeating what Superintendant Conrad said. Again, citizens have critiqued, very positively, the errors of the ways of the Board of Alderman for allowing it to take that long and I also remember Alderman Deane bringing in a resolution stating something to the effect that the budget should e pulled in earlier. Maybe it’s time to reconsider that because there is definitely a benefit associated with doing that. But that’s up to you folks. Regarding R-12-69, I was wondering where we were with that. I think there was a commitment by Mayor and President McCarthy about putting together a spread sheet to track the labor associated with the Main Street sidewalk. I think that was about a month ago. I was wondering where that was. I think it was you, Alderman Donchess that brought that up and you convinced the Board of Alderman to start tracking the labor associated with the sidewalk project. I might be getting these things confused, but I think you convinced Alderman McCarthy and our Mayor to put a simple sheet together so they could track the labor. I was wondering where we were with that. Frankly, when it comes to R-12-69 I was surprised that it even went to the Board of Public Works for their approval. I don’t think they approved it. Again, I read the charter and when it comes to financing and ascertaining costs associated with projects, that’s this group in here. I didn’t see anything in the general powers under chapter 60, the Board of Public Works where it’s there responsibility. That doesn’t mean they can’t do it. But if you folks want to have the labor tracked, that’s your business and when the Board of Alderman pass a resolution and state that this is what we need to do, then whatever organization or publicly elected board is responsible for that particular situation, it should be carried out. Thank you very much for listening to me. Hopefully, next time I come, we will be able to see the Code of Conduct once again hanging in the Aldermanic Chambers. Bd. of Aldermen – 10/23/12 Page 13 Tracy Pappas, 12 Swart Terrace, Nashua I asked that the rules so far be suspended that I can speak. I was not here at the beginning of the meeting. President McCarthy No objections. Tracy Pappas, 12 Swart Terrace, Nashua I probably would have planned on coming here in regards to, I’m actually here on two issues. The President speaking at Greeley Park. Of course I didn’t know it was on the agenda. The main issue I would have spoken to was the recycling issue that came from Alderman Donchess. I didn’t thought it was going to be in front of Committee, not in front of the Full Board. The reason I thought so is, I watched that exchange on the meeting three times. I made a motion for positive recommendation of that ordinance. It was seconded by Commissioner Moriarty. Then Commissioner Moriarty proceeded to pass out his amendment. A proper motion was never made to approve that piece of legislation as amended. The Mayor said that was what was on the table. It wasn’t, I watched it several times and I’m normally the one that reads through most of the agenda at the Public Works meetings. Again, I figured it was going to go back to committee for that reason. The second reason is that I didn’t think that the Board of Public Works had the authority to write and amend legislation. Apparently, now they must have some kind of new authority to do so. I don’t know what happened. The main reason I’m here. We watched Chanel 16 at my house and we heard the issue about the President Speaking at Greeley Park. Clearly, he could speak at Greeley Park and also the law can be adhered to. There were a couple of violations through the years and we’ve had to take pictures. I will read what my son wrote and I’m here because of him. I said, it’s just not worth it, I’m not going down there. He said, mom you have to. So, here is what he said. It’s not a heavy metal band. It’s a great opportunity for Nashua having the President speak. Certainly anyone using a loud speaker at the park, no neighbors would object to. The other thing he said, was it would be great if they could enforce the people who disrupt the peace and don’t follow the law rather than objecting to the President of the United States coming to speak. Again, I apologize for not coming earlier. I had just assumed that the Board of Public Works legislation was going to go back in front of a different committee, because (1) it was not properly amended, and (2) I don’t think the Board of Public Works has the authority to amend legislation. Someone might want to ask the City Attorney about that. But again, someone speaking on a loudspeaker at Greeley Park does not break the noise ordinance. Nor would any neighbor ever object to it. We have a pretty tight neighborhood group. Go door-to-door. If you need to get out during the day park your cars out front. I think it’s a great opportunity. But I think it’s unbelievable that someone said that we’re going to have to break the law for someone to use a loudspeaker, it’s wrong. Even though the law has been broken and just certain people complained, you hit four or five houses that are affected by this unfinished facility and never has anyone complained about someone using a loudspeaker. As I said, I think we might want to amend city charter if the Board of Public Works is able to amend legislation. Thank you. REMARKS BY THE MEMBERS OF THE BOARD OF ALDERMEN Alderman Pressly First, I would also like to extend condolences to the Nice Family and the Cudhea Family. I knew both of these women. I have wonderful, fond memories of my relationships with both of them. They will be missed and my condolences to both of the families. If the Board of Aldermen remembers, we did send out a letter to all the candidates suggesting a communication concerning Rail to communicate with the Board of Alderman. I would like to report that three people have extended a desire to talk with us: Mr. Will Brown who running in Ward 9, who definitely supports passenger and freight rail. Peggy Gilmore who running in Senate 12. She also supports Rail. I have not spoken with yet, possibly a Ward 3 Bd. of Aldermen – 10/23/12 Page 14 alderman has, but MaryEllen MacKay who is running in Ward 3 has contacted me and would like to have a discussion on it. I had hoped we would hear from more, but three is a start. I think they all have the letter and it’s the beginning of a dialogue. That’s a report, I wanted to put that into the record before the election so the public will know those are three people who did respond to our letter. President McCarthy I would point out that Deb. Pignatelli contacted me to tell me she was also in support and I recommended to her that she come to the last PEDC meeting, which she wound up not doing. I also received a letter from a candidate, I believe for Register of Probate who pointed out that for whatever good it would do, he was fully in support of Commuter Rail and was running for an office that paid no money and had no responsibilities and he thought he was eminently qualified for that position. Alderman Pressly That first letter is out there and I have to believe it will help us in the next term to have a communication with the people who do prevail. The other item, on Saturday night Nashua received some very nice awards. Saturday night was the first time that the New Hampshire Coalition of community media had an event in Concord, New Hampshire. There are 35 PEG stations throughout the state and they gave out six different category awards and Nashua received two of them. For the education channel, best in show was for Nashua for the 2011 Turkey Bowl. Best in Show for public channel was Garage X. Nashua did receive two out of the six awards given to 35 different stations throughout the State. The last think I would like to mention is that on Saturday, October 13, I had the great pleasure of going to the Keefe Auditorium and listening to the Air Force Band of Liberty. Some of you may or may not know they were the Guest of the City. They gave an absolutely fabulous performance. I saw Alderman Moriarty and his four kids there. It was an incredibly wonderful concert. It was free of charge and there were quite a few seats still available, so we might work on a way to get this word out more extensively throughout the community. I was very proud. The City and the Band conductor specifically complimented Mayor Lozeau for her to facilitate their coming and particularly honored her that night. Thank you. Alderman Cookson I would like to begin my comments this evening by also extending condolences to the Nice family. I sat in here many an evening when Dot was in the back and go to hear about how we did at the conclusion at that meeting and what she thought about that. I also got to know Dot in a very different way and that was over the VFW with the Women’s Auxiliary. If you have not had opportunity to visit the VFW and the fine work they do, I was unable to attend their spaghetti last week, but they do a fabulous job for this City and it is important for us to remember all the heroes that you see within those walls. I got to know Dot in that capacity as well. She will be absolutely missed. With regard to Commissioner Pappas’ comments during Public Comment and the idea or the thought that Public Works is amending legislation. I know that Commissioner Moriarty had provided a communication. I was not expecting the final format as proposed by the Board of Public Works, even though I know that Mayor Lozeau had mentioned she was going to take it to Legal just to confirm the language was accurate and correct. I don’t know if I expected to see it in this format this evening. I don’t know if it would have gone back to Committee or if it would have been discussed here this evening, but I think ultimately we made some good amendments this evening. We accepted what the Board of Public Works wanted, was that the entire Board of Public Works is part of the solution. Another interesting point is, the importance of involving the Board of Public Works, and this was expressed at the their meeting last week, was that they are responsible for the resources of Public Works; the division director and all the superintendents so they have the inroads to access that information. It’s important that we have the Board of Public Works involved in this. I think that’s positive. I also like Alderman Donchess’ amendments to further include again, “Alderman as well as the public”. I think that will go a long way. I am looking forward to seeing what this Committee does and I’m looking forward to the President making those Aldermen and citizens part of this committee. Finally, as I was reviewing the October 9, Board of Alderman Meeting minutes, I just wanted to reiterate there seem to be Bd. of Aldermen – 10/23/12 Page 15 some concern about the thoroughness of the meeting minutes from a previous informational meeting that took place at Main Dunstable School. And that was, that the way the meetings were captured, at least two Aldermen thought that those meetings were incomplete. I asked the City Clerk to at least provide me those guidelines for Public Meeting minutes. According to the guidelines, as so prescribed by State Law, even though some Aldermen may feel that those minutes were incomplete, they actually do meet the letter of the law. I would again like to thank Alderman Moriarty for capturing those, because I would not have been able to do it without your assistance. We have members that were present, we have participants from the public who appeared before the body, we had a brief description of the subjects discussed, there were no final decisions that were made, no motions that were made that particular meeting. We captured what the meeting was for, the date, the time and when it adjourned. Again, we did everything that was asked of us. Again, I would like to thank Alderman Moriarty for capturing those and helping make those available to the Public. Thank you. Alderman Craffey Thank you. I want to thank everybody who showed up at Ward 4 Community Meeting we had on October 18. I especially want to thank Alderman Deane who helped facilitate what could have been a very volatile situation, but we got through it very well and I want to thank him for his assistance. I want to thank the residents of Chautauqua Street that came out. I want to thank the business owners who came out. We were there about an hour. We came to a solution that satisfied all parties involved and we will bring it up with the Infrastructure Committee in the next couple of weeks. I want thank those from PAL and Daniel Webster College and all the others who did the clean up from the Rail Trail on October 17. It looks nice. I walk it everyday. Thank you. Alderman Deane Thank you. I wanted to give my condolences out to Dot Nice’s family and her many friends. She was a pretty interesting lady to know. She was very robust with her positions and she did not hold back telling you what was what, which I always found interesting with her. In Lucy, in delivering newspapers with my younger boys, we delivered Lucy’s newspaper to her at the end of Rogers Street. I can tell you, I’ve never seen anybody drive a car around as much as that lady did. She was everywhere in that car. I’m at work and I see her driving through the parking lot. What is she doing here? She was an interesting lady and I did have a few conversations with her, but I didn’t know she had passed away or that she was even ill. She was just so full of energy all the time it was sad to hear. Alderman Sheehan Sunday, I had the pleasure along with the Mayor to attend the One-City-One-Book event put on by the Friend’s of the Library. I want to commend them on an excellent job done. This year’s book selection was When Madeline was Young, by author Jane Hamilton who came and had the reception. It was a very entertaining hour. It was a phenomenal event. I look forward to it every year and just wanted to tell them it was a very good afternoon spent with a book that I enjoyed very much. I hope they continue the program. Alderman Tabacsko I just wanted to join the rest of my colleagues in extending condolences to Dot Nice’s family. Thank you. Alderman Donchess I had a little bit of an education this morning. Our cars were broken into overnight. I called the Police and they came down. I learned that there are these groups of kids or even adults who go through the City at night and check cars to see if they’re open and ours happened to be opened and take whatever is in there. So, I have learned through Facebook and emails that there are a lot of other people this has Bd. of Aldermen – 10/23/12 Page 16 happened to. I would recommend everyone lock your cars at night, leave your light on if you can. Hopefully, we can prevent this as much as possible. My other issue is just a question. I don’t know if there is anyone who can answer it, but in terms of the President coming to Greeley Park, hopefully before the event, I don’t know who is in charge of security if it’s the City or the Secret Service, but hopefully it will be publicized as to what security there is going to be in the sense that at an indoor facility everyone lines up and goes through a metal detector. Now it’s a walk-in thing. It would be nice to know how early you have to get there. Since it’s in my neighborhood, I think probably a lot of people will walk in and it would be helpful to them to know how much in advance they need to get there. Alderman Chasse I feel kind of lonesome tonight. I think these three desks here are the medical ward of the Chambers. I’m going to speak about Dot Nice. I would like to give condolences for her family. Dot did a lot of work for the VFW. It is public knowledge right now that she won’t be doing any work for them, nor will anybody else. The VFW will be closing their doors very shortly. The members of the VFW received a letter in the mail last week and they just cannot make it. I’ve already put a little zinger in there for somebody to go take a look at that building which would be beneficial to the City of Nashua. I will not mention who. With that, I hope my two colleagues get back, especially Alderman Caron, because Alderman Moriarty does not share his candy. By the way, on Coaches Corner, I forget to mention that Alderman Caron did a lot of work for me on that and I really appreciate it. Alderman Dowd I would also like to send my condolences to the Nice family. I remember as a Board of Education member coming in, prior to the Board of Alderman meeting, she would fill us in on what to expect that evening. I think she had more of an insight as to what was going on than even some of the Aldermen. She will be missed. I don’t know how many people read the editorial in the Telegraph today. We have an election coming up and I have to say that, New Hampshire being the state with the lowest of amount of monies allocated to education per student is nothing to be proud of. I know we have to watch our spending at the State level, but if we don’t educate our future leaders, we’re in trouble. It cost more to go to our State Schools here in New Hampshire than any other State Schools in the country. Quite frankly, I don’t think we should hold out as being very supportive of our youth. Alderman Wilshire My condolences also to Dot Nice’s family and Lucy Cudhea’s family. Two very nice ladies who will be missed for many reasons. Dot and I never in the beginning saw eye-to-eye on a lot of issues, but we became friends over time and I will miss her. In fact, I never thought we would see eye-to-eye on a lot of the issues and Dot ended up helping me with my campaign. She was quite a lady and Lucy too. Lucy was a very nice lady. She will be missed. I used to run into her at Norton’s Café having breakfast in the morning. She will be missed. Having been a very active crime watch group member, I would know that in all neighborhoods in the City of Nashua, Alderman Donchess, you need to lock your car. They tell us every crime watch group there have been a rash of break-ins in mostly cars that are unlocked. Just a word to the public, just keep your cars locked out there. As far as security with the President coming to town, no matter where he is indoors or out, there will be plenty of security. I did go to the event last week in Manchester at an outdoor park and they still have to go through security clearance as they would in a indoor event. It’s not just a walk-in event, especially with a sitting President. November 3 the Nashua Soup Kitchen and Shelter will be holding their annual dinner auction. I’m sure there are still tickets available and it is always a good event with a lot of good auction items. We hope to see you all there. Thank you. Bd. of Aldermen – 10/23/12 Page 17 Alderman Pressly I would like to respond to something that Alderman Deane said. I did not know that Lucy Cudhea drove her car all over town. The last time I saw her was the morning that there was home invasion on my street, Morningside Street. All the police, the bomb squad, everything was there. I was blocked in by yellow tape. I stepped outside, looked at the yellow tape and there was Lucy Cudhea standing on the other side of the yellow tape. I don’t know she heard about it, but she heard there was an event taking place on my street and she was the one citizen who showed up. That was the last time I saw her. Alderman Craffey I just wanted to say a special thank you to Chief Seusing and the Traffic Patrol. We had been having problems with speeders coming down Ledge Street. A couple of near misses. Particular thanks to Officer Kennedy. They were out there in unmarked cars last week and number of citations were issued. I just wanted to say thank you to the Nashua Police Department. Alderman McCarthy I will join my colleagues in expressing condolences to Dot Nice’s family. My experience with her is much like Alderman Wilshire. We didn’t see eye-to-eye when I first met her years ago. But by, not this past election, but the one before that she had a sign for me in her yard, so I guess we came to terms with each other. Yes, lock the car Alderman Donchess. I live what I would consider to be a fairly safe area of the City and I have very good evidence that people visit my car more often than I would like in the middle of the night. Alderman Donchess Only in recent years have I started to lock the back door, so I guess I’m from the past. Alderman McCarthy I will thank the Nashua Police Department for successfully recovering some things I lost out of my car a number of years ago. I also wanted to comment on the meeting we had with the Board of Education this past week. I want to thank the Board of Education for having the meetings and I do intend to have those meetings on a continual basis. I was particularly happy with the presentation from Ledge Street on the Leader in Me Program and the kids that came to speak to us. For anyone who did not see the meeting there were a number of students from Ledge Street and they paired up one-on-one with Alderman to show them some of the work they have been doing. This gives a much better feel for where all those millions go to and a feeling that maybe it is doing some good and it’s something we like to see out of our educational system. I want to make the Board aware that I did convey our thanks to the principal and staff at Ledge Street and send a letter that I asked her to distribute to each of the students who had visited with us. Committee announcements: President McCarthy The Budget Committee is scheduled for next Monday, but I believe we will be moving that to Tuesday. The Ad Hoc Committee will move from Tuesday to Monday. Alderman Cookson Infrastructure will be tomorrow evening at 7:00 p.m. in these Chambers. Bd. of Aldermen – 10/23/12 Page 18 Alderman Dowd The School Building Committee and the Joint School Building Committee Meetings will be Thursday at Nashua High North. Unfortunately I will not be able to attend, but I’m hoping to get a quorum because we have some things that need to be approved. Alderman Cookson I should have mentioned it as I was letting people know about the Infrastructure Meeting, but tomorrow evening, Mayor correct me if I’m wrong, I know that at least Mark Sousa will be joining us. Is Economic Development Director Galligani going to be there as well. Mayor Lozeau My understanding is they are going to be presenting on Parking together. Alderman Cookson So we will be having an update tomorrow evening about the downtown parking. I know when we passed the legislation last year to change it to three tiers, including Saturday and extending hours, so we will be getting an update tomorrow evening from Mark Sousa and Development Director Galligani on that. It should be an interesting conversation. I hope you are able to join us. NON-PUBLIC SESSION Regarding Surplus Broad Street Parkway Properties MOTION BY ALDERMAN WILSHIRE THAT THE BOARD OF ALDERMEN GO INTO NON-PUBLIC SESSION BY ROLL CALL PURSUANT TO RSA 91-A:3, II (D) TO CONSIDER THE ACQUISITION, SALE OR LEASE OF REAL PROPERTY WHICH, IF DISCUSSED IN PUBLIC, LIKELY WOULD BENEFIT A PARTY WHOSE INTERESTS ARE ADVERSE TO THOSE OF THE GENERAL COMMUNITY MOTION SECONDED BY ALDERMAN DOWD A Viva Voce Roll Call vote was taken which resulted as follows: Yea: Alderman Wilshire, Alderman Dowd, Alderman Chasse, Alderman Tabacsko, Alderman Sheehan, Alderman Vitale, Alderman Craffey, Alderman Cookson, Alderman Pressly Alderman McCarthy 10 Nay: Alderman Moriarty, Alderman Donchess, Alderman Deane 3 MOTION CARRIED The Board of Aldermen entered non-public session at 8:49 p.m. MOTION BY ALDERMAN WILSHIRE THAT THE BOARD OF ALDERMEN SEAL THE MINUTES OF THE NON-PUBLIC SESSION BY ROLL CALL UNTIL SUCH TIME AS THE MAJORITY OF THE BOARD VOTES THAT THE PURPOSE OF THE CONFIDENTIALITY WOULD NO LONGER BE SERVED Bd. of Aldermen – 10/23/12 Page 19 A Viva Voce Roll Call vote was taken which resulted as follows: Yea: Alderman Wilshire, Alderman Chasse, Alderman Moriarty, Alderman Donchess, Alderman Tabacsko, Alderman Sheehan, Alderman Deane, Alderman Vitale, Alderman Craffey, Alderman Cookson, Alderman Pressly, Alderman McCarthy 12 Nay: 0 MOTION CARRIED MOTION BY ALDERMAN WILSHIRE TO COME OUT OF THE NON-PUBLIC SESSION AND RETURN TO THE REGULAR MEETING OF THE BOARD OF ALDERMEN MOTION CARRIED ADJOURNMENT MOTION BY ALDERMAN DONCHESS THAT THE OCTOBER 23, 2012 MEETING OF THE BOARD OF ALDERMEN BE ADJOURNED MOTION CARRIED The meeting was declared adjourned at 10:49 p.m. Attest: Paul R. Bergeron, City Clerk  ^borwaiee Ifo&ecui MAYOR To: Board of Aldermen From: ponofcffeeLozeau Date:^pfctober23,2012 Re: Presidential Visit - Greeley Park The President of the United States will be holding a campaign event in Nashua on Saturday, October 27,h. The decision to hold the event at Greeley Park was made within the last day. The event will require an amplified sound system. The sound system will be set up beginning Thursday and will require several sound checks. NRO 215-2.1 prohibits the use of an amplified speaker system necessary for this type of event. Therefore, I have requested that a motion for your consideration be made at tonight's meeting to temporarily suspend NRO 215-2.1 from Thursday, October 25lh through Saturday, October 27,h for the purposes of this event. 229 Main Street • PO Box 2019 • Nashua, NH 03061-2019 603.589.3260 • fax 603.594.3450 • NashuaMayor@NashiiaNH.gov  Qicnnalee ifozeaa MAYOR To: Frorr Date: October 19, 2012 Re: Boiler House Oil Tanks There has been significant discussion and concern relative to the oil tank removal at the Boiler House as part of the work for the Broad Street Parkway. I thought the attached document prepared by HIS would be very helpful in clarifying the process and status. Thank you. 229 Main Street • PO Box 2019 • Nashua, NH 03061-2019 603.589.3260 • fax 603.594.3450 • NashuaMayor@NashuaNH.gov  Summary - Boiler House and Associated Tanks Prepared by Hayner/Swanson, Inc. October 19,2012 October 2011 - NCM started demolition contract. Besides building demolition, work included several tanks: • North of the Boiler House, work included removal of the buried remnants of a tank thought to be 35 feet in diameter. • Work included removal of 6 interior 30,000 gallon tanks and associated contaminated soil. January 2012 After excavation revealed that the exterior tank was 50 foot diameter (instead of 35 feet), plans were prepared to put work at this tank back out to bid. January 2012 The 6 interior tanks were cleaned and removed. Contaminated soil was also removed. Quantity of contaminated soil was greater than anticipated. March 2012 Contract for exterior tank was awarded to EQ Northeast. March 2012 After removal of a pile of asbestos containing material inside the building, an additional tank was discovered under the Boiler House floor. March 2012 EQ Northeast's contract was amended to address the newly found tank. July 2012 After NCM completed their demolition work, EQ Northeast started their work on the tanks. August 2012 EQ Northeast completed work at the exterior 50 foot diameter tank. Liquid (oil and water) was removed and the tank was cleaned and backfilled. August 2012 - EQ Northeast also completed the removal of the small tank (approximately 500 gallons) beneath the Boiler House floor slab. August 2012 - While addressing this small tank, a volume of oil was also discovered in a brick channel beneath the floor slab. September 2012 - This oil was removed. Related work was funded by NHDES fund for remediation of leaking underground storage tanks. All tank work completed.  Special Liaison Committee: Board of Public Works Submitted by: Atdermen Mark S. Cookson & Art Craffey Meetings covered by this submission Committee Date Date 20-Sep-12 18-Oct-12 Cookson (Liaison) X X Lozeau (Chair) X X Lavoie (Vice Chair) X X Gagnon X X Moriarty X X Pappas X X x - defined as "in attendance" Also in Attendance: Dir Fauteux, Engineer Dookran, Supt Caggiano, Sorensen, Leclerc Key Points to be shared with Board of Aldermen: | 20-Sep-12 | Public Comment by Alderman Pressly re: R-12-69 Accountability R-12-67 Favorable Recommendation R-12-69 Hold @BPW John Vancor, HS BSP Update Boiler House Demolition Complete - contractor remove equipment Pine/Palm Street Chimney - RFPforDesign/Build proposals extended 1wk 9/27 | 18-Oct-12 | Public Comment dominated by concerns regarding BPW Meeting Time R-12-75 Tabled @ BPW - more clarity; more result in $30-40K shortfall for new position Summer help restrictions Micromanagement by BOA 0-12-25 Positive Recommendation R-12-44 Recycling - Amendment proposed by Comm Moriarty - should be directed by BPW & not BOA Should be entire BPW and not just a single member Motion by Comm Pappas to modify meeting beginning Jan 2013 BSP - more $ for Bridge Design. Special BPW meeting to be scheduledO with BOA to see design. Questions or concerns raised by the Board or Committee to be addressed to the Board of Aldermen. Questions or concerns raised by the Board of Aldermen, or any of its members, Link to Minutes htto://www.n3shuanh,qov/Aqenda$ Minute$/Board%2QQP/p20Public%20WQrks/