Aldermen, Board of

A regular meeting of the Board of Aldermen was held Tuesday, January 22, 2013, 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 Dowd led in the Pledge to the Flag. President McCarthy Before I ask the Clerk to take the roll, Alderman Pressly and Alderman Sheehan are participating by telephone Under the terms of the state law that allows them to do that, they need to explain why they can‟t attend, if they can hear us, and who they are with, if anyone. Alderman Pressly I‟m at my apartment in Clocktower. I‟m medically grounded for the day, and I‟m all by myself. Alderman Sheehan I am also at my home in Nashua and medically grounded for 48 hours. My children are downstairs but they are sick and sleeping. President McCarthy Acknowledged that those present could hear Alderman Pressly and Alderman Sheehan as well. The roll call was taken with 15 members of the Board of Aldermen present; Alderman Pressly and Alderman Sheehan were not in attendance but participated in the meeting via telecommunication. Her Honor Mayor Donnalee Lozeau and Deputy Corporation Counsel Stephen M. Bennett were also in attendance. President McCarthy Before we begin I am going to recognize Alderman Wilshire to make a motion so we can accept procedural motions without the roll call vote. MOTION BY ALDERMAN WILSHIRE THAT THE RULES BE SO FAR SUSPENDED AS TO ALLOW FOR THE ACCEPTANCE OF PROCEDURAL ACTIONS WITHOUT OBJECTION A Viva Voce Roll Call was taken, which resulted as follows: Yea: Alderman Wilshire, Alderman Dowd, Alderman Melizzi-Golja, Alderman Chasse, Alderman Caron, Alderman Moriarty, Alderman Donchess, Alderman Tabacsko, Alderman Sheehan Alderman Deane, Alderman Vitale, Alderman Craffey, Alderman Cookson, Alderman Pressly, Alderman McCarthy 15 Nay: 0 MOTION CARRIED REMARKS BY THE MAYOR I would just take a moment to thank the Budget Committee members. I apologize that I was unable to attend last week‟s Budget Committee meeting talking about the school security. I had planned a vacation and that Bd. of Aldermen – 01/22/13 Page 2 was planned before the subject matter came up. I do appreciate, Mr. President, you reading my memo as I requested. I don‟t often ask for that but because I couldn‟t attend, I wanted to make sure that you considered some of the comments that I wanted to share in your deliberations. I know that we‟re all in agreement that we need to move forward and really one of the only things that we‟re working on finding the solution to is the funding and whether that would be through the capital reserve account or through a bond as that Resolution proposes. I think all of you are aware that I was in favor of using the capital reserve account. I‟ve not finished reading all of the minutes but got close enough to understand that you looked at other capital dollars that the school is interested in spending and that‟s why the Budget Committee has recommended support of that bond. So, I just wanted to take a minute to thank the Committee for extending that courtesy to meet that night at the meeting and I appreciate your kind attention this evening. RESPONSE TO REMARKS OF THE MAYOR Alderman Deane Welcome back. Mayor Lozeau Thank you. Alderman Donchess I do, Mr. President. Alderman Pressly Mr. President, I cannot hear you. Could you speak closer to the microphone please? President McCarthy That was Alderman Donchess, I believe, that you can‟t hear. Alderman Donchess I was simply going to renew my request to you and Mayor Lozeau to please get together and schedule a meeting of the Recycling Committee. Mayor Lozeau Alderman Donchess, you may recall at the last board meeting when you mentioned that, I told you that we were going to be taking that up at the Board of Public Works meeting. That meeting is on Thursday so we‟ll have a date and send something out to get that first meeting started. Alderman Donchess Thank you very much. Mayor Lozeau You‟re welcome. Bd. of Aldermen – 01/22/13 Page 3 RECOGNITION PERIOD R-13-93 Endorsers: Mayor Donnalee Lozeau Board of Aldermen RECOGNIZING MASTER PATROLMAN JAMES M. HARGREAVES OF THE NASHUA POLICE DEPARTMENT Given its first reading; There being no objection, President McCarthy suspended the rules to allow for the second reading of R-13-93 Resolution R-13-93 given its second reading; MOTION BY ALDERMAN WILSHIRE FOR FINAL PASSAGE OF R-13-93 A Viva Voce Roll Call was taken, which resulted as follows: Yea: Alderman Wilshire, Alderman Dowd, Alderman Melizzi-Golja, Alderman Chasse, Alderman Caron, Alderman Moriarty, Alderman Donchess, Alderman Tabacsko, Alderman Sheehan Alderman Deane, Alderman Vitale, Alderman Craffey, Alderman Cookson, Alderman Pressly, Alderman McCarthy 15 Nay: 0 MOTION CARRIED Resolution R-13-93 declared duly adopted. Alderman Wilshire I‟d like to read the resolution: Recognizing Master Patrolman James M. Hargreaves of the Nashua Police Department City of Nashua, in the Year 2013. RESOLVED by the Board of Aldermen of the City of Nashua that the Mayor and the Board of Aldermen recognize Master Patrolman James M. Hargreaves of the Nashua Police Department for his invaluable contributions to the City of Nashua. Master Patrolman Hargreaves has been an employee of the Nashua Police Department since September of 1989. He is a member of the Bike Unit, the Crime Scene Unit and the Special Reaction Team (SRT). In 2009, Master Patrolman Hargreaves transferred from the UFOB Patrol to the Professional Standards Bureau, Training Division, Firearms Training Unit Specialist. Furthermore, Master Patrolman Hargreaves has received numerous commendations and awards over the course of his career, including: 1991 Letter of Recognition from the Deputy Chief for a suicide prevention 1995 Letter of Recognition from his Captain for an arrest 1996 Exchange Club Officer of the Year, Award from the International Police Chief Association for Tactical Training and a Commendation Bar Lifesaving 1999 Letter of Recognition from his Captain for an arrest of a police impersonator Bd. of Aldermen – 01/22/13 Page 4 2001 Commendation Bar Distinguished Unit Action 2004 Two Letters of Commendation 2008 Letter of Commendation from Chief Donald Conley for the capture of an escaped prisoner 2010 Commendation Bar Distinguished Unit Action The City of Nashua is fortunate to have dedicated employees such as Master Patrolman James M. Hargreaves, and we congratulate him on his retirement and his years of service to the citizens of Nashua. READING MINUTES OF PREVIOUS MEETINGS AND PUBLIC HEARING There being no objection, President McCarthy declared the minutes of the Board of Aldermen meetings January 3, 2013, January 8, 2013 and January 17, 2013, accepted, placed on file and the readings suspended. COMMUNICATIONS There being no objection, President McCarthy declared that all communications be read by title only. From: Pennichuck Corporation Re: R-13-92 There being no objection, President McCarthy accepted the communication, placed it on file and referred it to the Pennichuck Water Special Committee PERIOD FOR PUBLIC COMMENT RELATIVE TO ITEMS EXPECTED TO BE ACTED UPON THIS EVENING Jeff Kleiner, 32 Courtland Street, Nashua I‟m here to speak in relation to the bond issue this evening for school security. I‟d like to publicly thank all the folks from the public hearing we had at the high school as well as the meeting last week that have come and spoke in favor of it, and as well as the one gentleman that spoke against it. I think getting any issue deserves a good debate. I won‟t get into the details of why we need this security system because I believe that the board here as well as the school board and the citizens of the city realize that we need it. It‟s just a matter of where are we going to get the money. The capital reserve account, by latest accounts, if we do put this through that particular venue, will leave a $890,000 deficit. As President McCarthy obviously stated, it‟s going to get to zero. It can‟t get to $890,000 in the negative, so something is going to have to get cut. There are other items in that list that need to be addressed that are also safety issues. This certainly is the most important. I‟d like to remind you of the same thing I said last week. This is a public safety issue and that falls under the purview of this board, not the school department. This unit, this body here is responsible for the safety of the citizens of this city. Those are our children, our teachers, our custodians, our principals, and all the staff that goes in and out of those school buildings. This is where it falls, not for the school department. We‟ve heard all of the facts. We‟ve heard all the testimony, and I don‟t believe anybody believes that any of the facts are disputed. We need to have this done. So I look at you as a jury. When you have the facts in front of you, and it is beyond a reasonable doubt that it has to be done and the only way to fund this is through a bond from the city, you can only come back with one verdict and pass that tonight. We had seven votes last week. That leaves us a few left. Some of the aldermen were not here are also listed as sponsors on this. So I don‟t believe we‟re going to have an issue. I just hope that nobody has gone backwards. I hope that the items that you folks that were here last week said, you spoke from your heart and not as a politician. As a school board member Ziehm well put last week, and I‟m sure she‟ll mention again tonight, please don‟t make this a political issue. This is for the citizens of your city. Please pass this tonight. Thank you. Bd. of Aldermen – 01/22/13 Page 5 Fred Teeboom, 24 Cheyenne Drive, Nashua I am here to address R-12-87, the bond resolution for upgrading the school access control system. In year 2007 security consultant W. L. Bliss was contracted to conduct a threat assessment of city school buildings. Bliss reported in February 2008 that the Nashua School District, and I quote: “is in an extremely vulnerable situation regarding the ability of the School District and individual school buildings to protect their students and staff from trespass of unstable visitors and armed intruders.” That‟s 2008. Nothing has changed in the five years since this finding. Superintendent Conrad may have prepared every conceivable plan and policy, but how do you protect instantaneously against the action of an armed intruder. Just look, for example, at the Broad Street Elementary School, where the only physical security right now is a sign inside the main entrance that reads: “All visitors must report to the office upstairs.” Now do you tell an armed intruder to check in, or to wait until you have reviewed the plans and procedures? Secure access is not a luxury issue, it is a safety issue. This is not funding to be taken from the School Capital Reserve Fund. Too often, the School Capital Reserve Fund has been raided to make up for a deficit elsewhere. In year 2009, for example, $3.36 million was raided from the School Capital Reserve Fund to cover a deficit in the school department. In year 2005, the School Capital Reserve Fund was depleted by $10.8 million to cover a large deficit in the city budget which I believe dealt with health insurance but I haven‟t been able to track that yet. Furthermore, no capital improvements for school security improvements were funded in the FY2013 annual budget, nor in the FY2012 budget, the FY2011 budget, the FY2010 budget and not in the FY2009 budget. None of these budgets contained funding. It was proposed but none of it was funded for security improvements. This is not funding for education, this is funding for children‟s safety. This should be paid for by the city, as this bond will do, not by the school district. This has the same purpose as a construction bond for renovating a school, for example same as $6.95 million was bonded through Resolution R-10-27 for school HVAC improvements, roof replacement, fire alarm equipment and switchgear equipment. Incidentally, two of those items had a useful lifespan of 10 years, and the other had a useful lifespan of 20 years. Bonding this project could and should have been done in 2009, after the school deficit was uncovered, instead of cancelling the project or the system altogether. To do nothing, same as nothing was done 3½ years ago, would be so negligent that it boggles the mind. Thank you. Sandra Ziehm, 147 Chestnut Street, Nashua I was here last week for the committee meeting, so I‟m not going to make this long. There‟s just two points I would like to reiterate. One is that I believe without the lockdown at Sandy Hook, there would have been more children who didn‟t make it. I heard stories, I‟m sure you all did about the teacher who locked her children in the bathroom. I‟m getting emotional; I apologize for that. She went out and played decoy and saved those children‟s lives. Lockdown does affect lives. How can you place a value on a child‟s life, never mind 20 children‟s lives. So that would be my first point. My second point is that if you don‟t fund this, the school is going to be $900,000 in the wrong ledger. We don‟t have $10,000 laying around that I know of. I try to watch those dollars as closely as I know how. I would employ you all to do what‟s right for our children. Thank you very much. Tom Vaughan, 6 Kevin Road, Nashua I‟m also a member of the school board, and I‟m here tonight to urge that you pass R-12-87, which allows bonding of the school security. I also would like to keep this brief. I endorse the points that have been made by the previous speakers. The only thing that I would add is that the consensus on functionality that existed before, still exists, I think. I think the consensus overall and costs also exists. What we have found is the costs will rise based on two things: one is inflation because it has been some time since the system was cost out, and second because we‟ve learned some things from Sandy Hook unfortunately. For instance, we have moved funds around to allow the purchase of what are called “columbine locks” and that was not in the original bid. I suspect as we go through the system, we‟ll find some places where there‟s better technology and some inflation so the cost may rise a little. The costs now are at $2.4 million; that‟s the latest estimate. Bd. of Aldermen – 01/22/13 Page 6 That puts real pressure on the capital reserve fund. We might be able to move some things off and do some other things, but to leave a reasonable amount in the capital reserve for other contingencies to get this system going expeditiously and to allow a reasonable level of security for Nashua students, I hope that you will pass this bond. Thank you. Steven Notinger, 25 Spindlewick Drive, Nashua I have four children in the school system, two at Bicentennial and two at Nashua South. I support everything that has been said here. I don‟t have much to add. I‟d just point out that I think everyone would agree that it‟s the city‟s job to protect its citizens, not the school system. All we‟re talking about here is having the city do its job rather than put the burden on the school system to have to defend itself when it doesn‟t have the resources to do so. It seems like a pretty simple issue. Unless I‟m missing something, I‟m going to stop there and leave it to you guys. Daniel Richardson, 70 Berkeley Street, Nashua I, too, have not a lot more to add to what‟s already been said tonight. I support everything that‟s already been said by the prior people very eloquently speaking on multiple facets of this. However, I wanted to comment on what happened, the commentary from the budget committee, where both the chairman indicated that it was not a complete system and former Alderman Teeboom indicated that it was a complete system. I think both of you are actually correct in that the hardware is completely specified. It is a complete system. However, to really have a system you have to have the concept of operations. You have to the procedures. You have to have emergency drill procedures. You have to have all the documentation and all the paper in place to have a complete system. And it‟s not just for one school; you have to have it at every school. Each one is going to be a little bit different because each one is going to be configured a little bit different, so you will incur that cost. It‟s not insignificant because you‟re going to have to live by those documents and practice by those documents. As the military does, you fight like you train; you train like you fight. Those things will be costly and I‟m quite frankly not sure if they‟ve been costed into the bond price. If not, they‟re going to have to come out of somewhere else. But that is another cost that you have to be aware of, and I want to thank you. David Wendt, 4 Melissa Drive, Nashua I‟ll pass at this time. Colleen Naus, 15 East Dunstable Road, Nashua I support everything that‟s been said this evening. I think it‟s a long time coming that the schools were said to be unsafe back when the analysis was done in 2008-2009. We just need to get it done, whatever way, whether it‟s bonded. I‟m wondering if some of the non-priorities, or what I would consider non-priorities, like the beautification of the bridges and the Broad Street Parkway, and all of that, shouldn‟t take precedent if you don‟t have the money or you‟re arguing over the money of how to do this. Remember that the kids and the police and the fire should be the first priority in my opinion. Maybe you can work something else out to help bond this essential thing to keep our kids safe. Thank you. Pam Jordan, 13 Ashland Street. I spoke last Thursday as well so I‟ll try not to repeat everything that I said then. But for those of you who weren‟t here last Thursday, I‟m speaking as the parent of a second grader at the wonderful Charlotte Ave School as well as being a concerned taxpayer and vote. My husband and I moved here after being away from the United States for ten years. We were living in Canada. We moved here in 2011, and we chose Nashua for specific reasons. The Money Magazine articles that helped. Knowing that it had a good mayor that helped. And then also doing our research on the school system that we saw through online sources that it‟s a strong school system. It seemed like a safe place in which to raise a child. That‟s the context of why I‟m here Bd. of Aldermen – 01/22/13 Page 7 tonight and very concerned. I‟m sure some of you read about what the President said in his Second Inaugural Address yesterday. He stated his concern about the safety of our nation‟s children in public schools. And I‟m sure that no matter what your political stripe that you would agree with what he said that he wants to be sure that we care for each and every child, and that child would be in a safe place wherever he or she goes to school. I understand that we‟re here tonight to discuss how best to fund a new access control system, but I would hate to think that due to a lack of political will, we will see a repeat of what happened in 2009 when comprehensive school safety was placed on the back burner or it seemed to be. The proposed bond to pay for a new access control system, which as you know members of the aldermanic budget committee unanimously approved last Thursday, and costs significantly less than the Broad Street Parkway bond, would signal to Nashua residents that our elected officials value school safety as a long term priority. And we can follow in the footsteps of Bedford and other highly reputable school districts that have already installed similar upgradable access control systems. The bond measure would also ensure that the Nashua School District‟s capital reserve fund won‟t be quickly depleted as other speakers have already addressed, and in such a way funds would continue to be available to cover other time sensitive capital improvements in the school district. Also, I think what we‟ve been talking about too is the need for a comprehensive approach to school safety that this system that we‟re talking about, the access control system, is one important piece of a larger system. I think Dan Richardson has spoken about this. It involves effective safety procedures, regular lockdown drills, hiring more mental health counselors who will identify and focus their attention on at-risk kids. But this comprehensive school safety system must have an upgradable access control system in place. I believe this one should be quite sound and that a bond would cover it and allow for other important improvements to take place using the capital reserve fund. So to at least try to sum up here, let‟s not be penny wise and pound foolish. Let‟s invest responsibly in a long term school safety program. Our kids are worth it. Thank you. PETITIONS – None NOMINATIONS, APPOINTMENTS AND ELECTIONS Appointments by the Mayor The following Appointments by the Mayor were read into the record: Conservation Commission Nicholas S. Frasca (New Appointment) Term to Expire: December 31, 2015 One Blue Jay Hill Nashua, NH 03064 Planning Board Scott E. LeClair, Alternate (New Appointment) Term to Expire: March 31, 2016 10 Daylily Drive Nashua, NH 03062 David Robbins, Alternate (New Appointment) Term to Expire: March 31, 2016 102 Cherrywood Drive Nashua, NH 03062 Edward Weber, Alternate (New Appointment) Term to Expire: March 31, 2016 4 Cabernet Court Nashua, NH 03062 Bd. of Aldermen – 01/22/13 Page 8 Zoning Board of Adjustment Jean-Paul (JP) G. Boucher Term to Expire: September 11, 2015 (Moving from Alternate to Full Member) 8 Fox Meadow Road Nashua, NH 03060 There being no objection, President McCarthy accepted the Appointments by the Mayor as read and referred them to the Personnel/Administrative Affairs Committee. REPORTS OF COMMITTEE Budget Review Committee ................................................................. 01/17/13 There being no objection, President McCarthy declared the report of the January 17, 2013 Budget Review Committee accepted and placed on file. Human Affairs Ad Hoc Committee ...................................................... 01/14/13 There being no objection, President McCarthy declared the report of the January 14, 2013 Human Affairs Ad Hoc Committee accepted and placed on file. Personnel/Administrative Affairs Committee ....................................... 01/15/13 There being no objection, President McCarthy declared the report of the January 15, 2013 Personnel/Administrative Affairs Committee accepted and placed on file. WRITTEN REPORTS FROM LIAISONS Review & Comment Commission Liaison Report ............................... 01/10/13 01/15/13 There being no objection, President McCarthy declared the liaison report of the January 10, 2013, and January 15, 2013 Review & Comment Commission accepted and placed on file. CONFIRMATION OF MAYOR'S APPOINTMENTS – None UNFINISHED BUSINESS – RESOLUTIONS R-12-87 Endorsers: Alderman-at-Large David W. Deane Alderman-at-Large Jim Donchess Alderman-at-Large Barbara Pressly Alderman Arthur T. Craffey, Jr. Alderman Kathy Vitale Alderman Diane Sheehan Alderman Daniel T. Moriarty Alderman June M. Caron Alderman Richard A. Dowd AUTHORIZING THE MAYOR AND CITY TREASURER TO ISSUE BONDS NOT TO EXCEED THE AMOUNT OF TWO MILLION FOUR HUNDRED AND EIGHT THOUSAND NINE HUNDRED DOLLARS ($2,408,900) FOR UPGRADING THE SCHOOL ACCESS CONTROL SYSTEM Given its second reading; Bd. of Aldermen – 01/22/13 Page 9 MOTION BY ALDERMAN DEANE FOR FINAL PASSAGE OF R-12-87 BY ROLL CALL A Viva Voce Roll Call was taken, which resulted as follows: Yea: Alderman Wilshire, Alderman Dowd, Alderman Melizzi-Golja, Alderman Chasse, Alderman Caron, Alderman Moriarty, Alderman Donchess, Alderman Tabacsko, Alderman Sheehan Alderman Deane, Alderman Vitale, Alderman Craffey, Alderman Cookson, Alderman Pressly, Alderman McCarthy 15 Nay: 0 MOTION CARRIED Resolution R-12-87 declared duly adopted. R-13-90 Endorser: Alderman Richard A. Dowd ORDER TO FILL TO GRADE THE UNPROTECTED BASEMENT LOCATED AT 1 FERRY ROAD, NASHUA, NEW HAMPSHIRE Given its second reading; MOTION BY ALDERMAN DOWD FOR FINAL PASSAGE OF R-13-90 ON THE QUESTION Alderman Deane I went up there this afternoon around 4:30 p.m. or so, and the fence is up around the whole foundation. Alderman Dowd I saw that yesterday as well and had communication with the inspections and also communication with Attorney Bennett. If I could, through the chair, I‟d like to have Attorney Bennett give the findings of the city and why they are still recommending passage. Attorney Bennett We have been checking regularly on the status of that fence. It was put back up and was inspected. There is a remaining problem with the fence which is there are gaps in the fence that would permit, particularly small kids to get through and into that same area. So there is a continued concern that the fence as it is right now will not prevent everyone from getting in there, particularly kids who tend to gravitate towards those types of nuisances. Alderman Deane Is the height of the fence an issue? The fence doesn‟t seem much higher than five feet. Attorney Bennett I don‟t believe it‟s five feet; I think it‟s closer to four which is what was required. There‟s a certain area of that fence too that goes across concrete. While it‟s sturdy right now, they braced it before and it fell down. Bd. of Aldermen – 01/22/13 Page 10 Alderman Deane The section by the garage? Attorney Bennett Right. Alderman Deane That‟s what I saw. It‟s not consistent with the rest of the picket fence that‟s there. I was just wondering because I took a ride up there to see and it looked like there were tire tracks in the snow. It looked like somebody had been there. And then you are correct in your assumption that the areas by the garage are not consistent with the rest of the fencing. Through those communications, he‟s been told to make that consistent and get rid of the… Attorney Bennett He was told that he had to repair the fence and fill the foundation and that the fence would have to be inspected. I think the biggest problem again is those gaps where kids could get through. Nobody‟s sure who actually fixed the fence either. The neighbors reported someone came up there, but they‟re not sure it was the owner who was responding. Alderman Deane When the resolution passes, what‟s the timeline on mobilization to fill the foundation up? Attorney Bennett Once the owner is served, he has 15 days to comply with the order. Alderman Deane Thank you. Alderman Dowd Having looked at the fence myself, it looks like it‟s a band aid fix, and I think one or two things ought to happen. Either they ought to fix the fence correctly or they ought to fill in the foundation. I think if we pass this tonight that one of those two things will happen in the near future. If we don‟t pass it and the fence fell down or somebody got in there, we‟d have to go through this whole process again which is a long time going. A Viva Voce Roll Call was taken, which resulted as follows: Yea: Alderman Wilshire, Alderman Dowd, Alderman Melizzi-Golja, Alderman Chasse, Alderman Caron, Alderman Moriarty, Alderman Donchess, Alderman Tabacsko, Alderman Sheehan Alderman Deane, Alderman Vitale, Alderman Craffey, Alderman Cookson, Alderman Pressly, Alderman McCarthy 15 Nay: 0 MOTION CARRIED Bd. of Aldermen – 01/22/13 Page 11 Resolution R-13-90 declared duly adopted. UNFINISHED BUSINESS – ORDINANCES O-12-31 Endorser: Alderman-at-Large Barbara Pressly PROVIDING FOR PUBLIC COMMENT PERIODS AT MEETINGS OF COMMITTEES ESTABLISHED BY THE BOARD OF ALDERMEN Given its second reading; MOTION BY ALDERMAN CHASSE FOR INDEFINITE POSTPONEMENT OF O-12-31 A Viva Voce Roll Call was taken, which resulted as follows: Yea: Alderman Wilshire, Alderman Dowd, Alderman Melizzi-Golja, Alderman Chasse, Alderman Caron, Alderman Tabacsko, Alderman Sheehan, Alderman Vitale, Alderman Craffey, Alderman McCarthy 10 Nay: Alderman Moriarty, Alderman Donchess, Alderman Deane, Alderman Cookson, Alderman Pressly 5 MOTION CARRIED Ordinance O-12-31 declared indefinitely postponed. O-13-32 Endorser: Alderman-at-Large Barbara Pressly PROVIDING FOR A PERIOD OF DISCUSSION BY THE ALDERMEN DURING FULL BOARD OF ALDERMEN MEETINGS Given its second reading; MOTION BY ALDERMAN CHASSE FOR INDEFINITE POSTPONEMENT OF O-13-32 A Viva Voce Roll Call was taken, which resulted as follows: Yea: Alderman Wilshire, Alderman Dowd, Alderman Melizzi-Golja, Alderman Chasse, Alderman Caron, Alderman Moriarty, Alderman Donchess, Alderman Tabacsko, Alderman Sheehan Alderman Deane, Alderman Vitale, Alderman Craffey, Alderman Cookson, Alderman McCarthy 14 Nay: Alderman Pressly 1 MOTION CARRIED Ordinance O-13-32 declared indefinitely postponed. MOTION BY ALDERMAN CHASSE TO WITHDRAW FROM COMMITTEE ORDINANCE O-12-30, AMENDING THE PROCEDURE FOR THE DISPOSITION OF PERSONAL PROPERTY RECEIVED BY THE POLICE DEPARTMENT Bd. of Aldermen – 01/22/13 Page 12 A Viva Voce Roll Call was taken, which resulted as follows: Yea: Alderman Wilshire, Alderman Dowd, Alderman Melizzi-Golja, Alderman Chasse, Alderman Caron, Alderman Donchess, Alderman Tabacsko, Alderman Sheehan, Alderman Vitale, Alderman Craffey, Alderman McCarthy 11 Nay: Alderman Moriarty, Alderman Deane, Alderman Cookson, Alderman Pressly 4 MOTION CARRIED O-12-30 Endorsers: Alderman-at-Large Lori Wilshire Alderman Michael J. Tabacsko AMENDING THE PROCEDURE FOR THE DISPOSITION OF PERSONAL PROPERTY RECEIVED BY THE POLICE DEPARTMENT Given its second reading; MOTION BY ALDERMAN CHASSE FOR FINAL PASSAGE OF O-12-30 ON THE QUESTION Alderman Chasse O-12-30 came before us. Unfortunately the two sponsors could not make it to the meeting. We had Nashua P.D. Detective Hagen that came down and was at the meeting along with Attorney Bennett. There were some questions that were asked of both of them. Everybody from the committee got their answers. They were satisfied so instead of prolonging this or waiting for the sponsors to show up and bring the Nashua PD again, we figured we bring this up to the full board. Thank you. President McCarthy Alderman Chasse, can you describe for the public what the change is to the procedure in disposition of property. Alderman Chasse It was Alderman Craffey that asked the question, or maybe Attorney Bennett would like to help us out. I don„t have it front of me. Alderman Deane I have a copy of the legislation right here that I can lend my colleague. Alderman Chasse Was it the part that had to do with the 180 days, Alderman Craffey? Alderman Craffey They changed some of the wording. They changed felonious to illegally so they could cover that property that was obtained under misdemeanors. They changed under 55-5(d), they changed a large part of that after the Bd. of Aldermen – 01/22/13 Page 13 words “shall not be retained.” They took out “upon” and all the way to the end to allow them to post it on EBay and other electronic websites to sell the property on those websites. That were the main changes that were put forth with this legislation. I ask Attorney Bennett to help us to make sure that we covered everything. President McCarthy I‟ve looked for my stolen property on EBay before, but I never thought it would be listed by the police department. Alderman Vitale I believe one wording change was so we align with the way the state refers to it. It‟s to align the wording with state law. Alderman Chasse Some of the other stuff that wasn‟t in the ordinance was that if an individual showed up at the auction and saw some of their possessions there, the Nashua PD would definitely turn it over to them. The other thing was if the thing was auctioned off, they would go back and buy it from the individual who bought it and return it to its rightful owner. Those were a couple of the other questions that were asked during the course of the meeting. Alderman Deane Are all of the auction items, they‟re going to take pictures of them and they're all going to go on an auction site, is that what‟s going to happen now? Alderman Chasse That‟s what would happen. Alderman Deane So anybody in the area that had something taken from their property or their car or their house or whatever, will now be able to instead of looking at things outside in the parking lot, when they have the auction, they can now go on this auction site and view all of the possessions that the police department is putting up for auction on the internet. Alderman Chasse That‟s correct. They are going to use different avenues. I‟m not going to say they are just going to use EBay. They may decide to use something else, but they will be visible. You‟ll be able to check them out the day of the auction also. If you see your possession there, you‟ll be able to reclaim it. Alderman Deane Didn‟t they actually name a site that other departments in the state have used that has been used specifically for this purpose? Alderman Chasse Yes, I think it‟s in conjunction with the state where other police departments are putting it out there also. Bd. of Aldermen – 01/22/13 Page 14 Alderman Deane Thank you. Alderman Vitale It was brought up that there is a notice of when the auction is taking place. I asked if it could also be noted on the city website so people that didn‟t necessarily get the newspaper would be able to see from the city website that the auction was going to be taking place so there was a link that they could go to also. Alderman Deane And that link will be on the police department‟s site? Alderman Vitale Also. I think they currently have links off the police department‟s website, but it would be helpful for people to be able to get there off the city website also. They said they would look into putting it there also. Alderman Moriarty Now that I have a better understanding of what‟s going on, I just want to make sure. Alderman Chasse made the motion to pull this bill from the committee from which he chairs, is that correct? Alderman Chasse That is correct. Alderman Moriarty And all the members of that committee are here at the moment, correct? President McCarthy Since the full Board is here, I would assume that‟s true. Alderman Moriarty And that members of that committee voted to pull it from the committee. It appears, correct? So essentially I voted no to pull it partly because I had no idea what was going on and also because general principle of process to give the people of the committee an opportunity to finish their chance to vote on it. Given that those members are here and they support this then essentially I‟m going to take their recommendation as if it was brought on the agenda with a recommendation for final passage. Thank you. A Viva Voce Roll Call was taken, which resulted as follows: Yea: Alderman Wilshire, Alderman Dowd, Alderman Melizzi-Golja, Alderman Chasse, Alderman Caron, Alderman Moriarty, Alderman Donchess, Alderman Tabacsko, Alderman Sheehan Alderman Deane, Alderman Vitale, Alderman Craffey, Alderman Cookson, Alderman Pressly, Alderman McCarthy 15 Nay: 0 Bd. of Aldermen – 01/22/13 Page 15 MOTION CARRIED Ordinance O-12-30 declared duly adopted. NEW BUSINESS - RESOLUTIONS R-13-91 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 Michael J. Tabacsko Alderman-at-Large David W. Deane Alderman Kathy Vitale Alderman Arthur T. Craffey, Jr. Alderman-at-Large Mark S. Cookson Alderman Daniel T. Moriarty Alderman-at-Large Jim Donchess Alderman-at-Large Brian S. McCarthy Alderman-at-Large Barbara Pressly RELATIVE TO THE ACCEPTANCE AND APPROPRIATION OF $63,125 FROM THE STATE OF NEW HAMPSHIRE INTO POLICE GRANT ACTIVITY – “FY2013 VIOLENCE AGAINST WOMEN GRANT PROGRAM” AND TO AUTHORIZE THE TRANSFER OF $45,000 FROM DEPARTMENT 194 – “CONTINGENCY”, ACCOUNT #70120 – “CONTINGENCY, POLICE GRANTS” Given its first reading; assigned to the HUMAN AFFAIRS COMMITTEE and the BUDGET REVIEW COMMITTEE by President McCarthy R-13-92 Endorsers: Mayor Donnalee Lozeau Alderman Michael J. Tabacsko Alderman-at-Large Brian S. McCarthy Alderman-at-Large Barbara Pressly APPROVING THE PROPOSAL OF PENNICHUCK CORPORATION TO GIVE PENNICHUCK EAST UTILITY, INC. AUTHORITY TO ENTER INTO LONG TERM LOANS FROM COBANK, ACB Given its first reading; assigned to the PENNICHUCK WATER SPECIAL COMMITTEE by President McCarthy NEW BUSINESS – ORDINANCES O-13-33 Endorsers: Alderman Diane Sheehan Alderman-at-Large David W. Deane ESTABLISHING A HANDICAPPED PARKING SPACE IN FRONT OF 11 MOUNT PLEASANT STREET Given its first reading; assigned to the COMMITTEE ON INFRASTRUCTURE by President McCarthy PERIOD FOR GENERAL PUBLIC COMMENT Jim Cutter, 86 Palm Street, Nashua. Open letter to Alderman McCarthy. Dear Alderman McCarthy, Do you deny building inspectors‟ errors caused our problem when I have proven numerous times they were guilty? Maybe it is because you favor Mayor Lozeau. At the last Aldermanic meeting, I stated Mayor Lozeau had Bd. of Aldermen – 01/22/13 Page 16 refused to take a 16-page package on our problem. At the end of the meeting when I went to give her a copy of my presentation, she said she never refuses papers given to her. Well, Alderman McCarthy, I do not know why she did. Remember every time I speak of her, I tell the truth. On November 29, at the BPW meeting, a room full of people including Alderman Cookson saw her refuse it. It will cost the city only $3.50 to send a certified letter to the Gilbertson to inform them the 1950-1971 building permits were wrong to have 53.57 feet for the Palm Street boundary line. It should have been 51 to agree with their deed. Taking more than 51 feet is trespassing on the Cutter property. There is no doubt in my mind, the other aldermen, TV viewers know I‟m right. Our problem is a black mark on the city, and anyone who agrees with them. Please take care of our problem. Sincerely. Thank you. REMARKS BY THE MEMBERS OF THE BOARD OF ALDERMEN Alderman Pressly Just to let you know, I did try to beep in to sponsor some of those other pieces but somehow it did not get heard. I just wanted to make a comment that it appears as though, once again, all of the nominees for appointments are men. I think we need to start looking for some women to fill these slots and particularly on the land use boards. I think it‟s important to have gender balance in all the work that we do. Thank you. President McCarthy Which pieces of legislation did you wish to cosponsor? Alderman Pressly The first two, R-13-91 and R-13-92. President McCarthy Okay. Alderman Pressly Thank you very much. Alderman Deane I know it‟s cold out, but I just wanted to remind kids that baseball season is right around the corner. President McCarthy Now that football season is over. Alderman Deane I‟m a 49‟ers fan. My football is not over. Children in the city from the ages, believe it or not, four to twelve, we have a website up. All three Cal Ripken leagues have all merged. We have a website. It‟s: NashuaCapRipken.org. You can download the application and fill it and mail it and you‟ll be part of our baseball program in the spring. It‟s an awful day for the Patriot‟s. I know some of my colleagues suffered through that game. There were others of us who weren‟t there that sat at home and suffered through it just as well. In fact, we got to see the replays not on such a bigger board as you, but it was kind of a terrible way to end the season, but there‟s always next year. Thank you. Bd. of Aldermen – 01/22/13 Page 17 Alderman Tabacsko I just would note that pitchers and catchers report in about 20 days and I became a 49ers fan also on Sunday night. One thing I did want to comment on is on the vote we took tonight on the bonding. I just wanted to clarify for the record, there was some comments made at different points along the course of that debate that seemed to indicate that if you didn‟t sign on as a cosponsor to that legislation that you were possibly against it. And nothing could be further from the truth in my case. I just wanted to make sure that that‟s well understood. I never doubted that this would be done. The measures that needed to be done would be done. It was a matter of how do we pay for it and while this seems to be the most expedite, and that‟s why I voted for it tonight because it‟s an important issue, I just want to make sure that everybody realizes that non sponsorship of legislation does not indicate an automatic assumption that can be made. I just wanted to point that out. Thank you. Alderman Donchess I had a few things, and I‟ll try to make each of them very quick. First I wanted to thank the people who came tonight and to the budget committee last week to speak regarding the issue of school security. I think they effectively brought their point of view to the board of aldermen, and they had a positive contribution. Number two, I wanted to personally add my congratulations to Jim Hargreaves, the person who got the resolution tonight. I‟ve known him for a number of years and he‟s a very good police officer. In addition to all the other honors that were listed when Alderman Wilshire read the resolution, he was also for several years President of the Police Patrolmen‟s Association. Number three, I wanted to mention this last time but it slipped my mind. Alderman McCarthy had hosted the annual event for after the meeting of December for our members of the Board of Aldermen. I did attend and it was quite, I thought, a good time, and I wanted to thank Alderman McCarthy for putting that together. Finally, I hope that my two colleagues who are under the weather, Alderman Pressly and Alderman Sheehan, feel better as quickly as possible. Alderman Moriarty I‟m the alternate liaison to the Nashua Arts Commission. As I was enjoying the Symphony New Hampshire this past Saturday with my son with me, I noticed in the brochure the Nashua Arts Commission is one of the sponsors. It was a great event, and I‟m going to go ahead and give them a plug since it‟s my job to give them a plug. Friday, February 8, is their next event. It‟s actually call Fanfare. It‟s a fundraiser. Please attend. It‟s a chance to have dinner and auction, win a trip to Africa or various things like that and listen to some good music. They have another two more concerts and then the season is over for the year. Alderman Melizzi-Golja Just a thank you to Ann Ackerman who has been the chair of the Ethnic Awareness Committee. She stepped down from that position. The new chair is Tom Lopez, who many of you know from the Soup Kitchen. The vice chair is Niva Muchuma. Thank you to both of them. Also, Lutheran‟s Social Services, services for new Americans which is involved in the resettlement of immigrants in the community is having an open house, Thursday, February 7, from 5:30 – 8:00 p.m. at their new satellite office on 18 Franklin Street. Thank you. Alderman Dowd I‟ve investigated the other projects that the school has on their school capital reserve list. They are in dire need of repair. There‟s four tracks involved, and the two at the middle schools are in very bad shape. And the tennis court is in dire need of being fixed as well. The projects are well worth being done and I‟m glad that we‟ve passed the bond so they can be done out of school capital reserve. Bd. of Aldermen – 01/22/13 Page 18 Alderman Wilshire I‟d just like to let the community know that there is a move afoot to establish some community gardens here in the city. There‟s a group that‟s holding an organizational meeting at Palm Square on Wednesday, January 30th, from 5:30 – 7:30 p.m. They‟ve been talking about maybe finding some place in the tree street area to start some community gardens, and I think it‟s a really good idea. Also looking forward to Cal Ripken sign ups and watching my grandkids play baseball come spring. President McCarthy I wish a Happy Birthday to Alderman Dowd on February 4th. I certainly hope that you‟re celebrating more than the Ravens are on that day. Alderman Deane He will be. Alderman Dowd Go 49ers! Committee announcements: President McCarthy The Pennichuck Water Committee will meet next Tuesday. Alderman Cookson We‟ll be meeting tomorrow evening, the Infrastructure Committee. Wednesday evening, 7:00 p.m., in these Chambers. Also on Thursday afternoon at 2:00 p.m., the Board of Public Works is meeting at 9 Riverside. Alderman Dowd Thursday is the School Building Committee and the Joint Special School Building Committee. The school construction projects committee is going to meet at 6:30. There was a little confusion on one of the earlier agendas. It is 6:30, not 6:00. We don‟t have a lot to discuss so we can follow it immediately by the Joint Special. Alderman Wilshire Human Affairs Committee will meet on Thursday, January 31st at 7:00 p.m., here in the Chambers. Alderman Deane Before I move to adjourn, I hope everybody shows up to the Joint Special School Building Committee meeting. We miss those who don‟t show up that often. Bd. of Aldermen – 01/22/13 Page 19 ADJOURNMENT MOTION BY ALDERMAN DEANE TO ADJOURN A Viva Voce Roll Call was taken, which resulted as follows: Yea: Alderman Wilshire, Alderman Dowd, Alderman Melizzi-Golja, Alderman Chasse, Alderman Caron, Alderman Moriarty, Alderman Donchess, Alderman Tabacsko, Alderman Sheehan Alderman Deane, Alderman Vitale, Alderman Craffey, Alderman Cookson, Alderman Pressly, Alderman McCarthy 15 Nay: 0 MOTION CARRIED The meeting was declared adjourned at 8:34 p.m. Attest: Patricia Piecuch, Deputy City Clerk