Aldermen, Board of

A regular meeting of the Board of Aldermen was held Monday, July 8, 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 Pressly led in the Pledge to the Flag. The roll call was taken with 13 members of the Board of Aldermen present; Alderman Dowd, Alderman Melizzi-Golja, and were recorded absent; Alderman Vitale arrived after roll call at 7:35 Her Honor Mayor Donnalee Lozeau and Deputy Corporation Counsel Stephen M. Bennett were also in attendance. REMARKS BY THE MAYOR – None RESPONSE TO REMARKS OF THE MAYOR – None RECOGNITION PERIOD – None READING MINUTES OF PREVIOUS MEETING AND PUBLIC HEARINGS MOTION BY ALDERMAN WILSHIRE THAT THE MINUTES OF THE REGULAR MEETING OF THE BOARD OF ALDERMEN OF JUNE 25, 2013, AND THE PUBLIC HEARINGS CONDUCTED BY THE PLANNING & ECONOMIC DEVELOPMENT COMMITTEE OF JUNE 18, 2013 AND THE COMMITTEE ON INFRASTRUCTURE OF JUNE 26, 2013, ACCEPTED, PLACED ON FILE AND THE READINGS SUSPENDED MOTION CARRIED COMMUNICATIONS MOTION BY ALDERMAN CHASSE THAT ALL COMMUNICATIONS BE READ BY TITLE ONLY MOTION CARRIED From: Mayor Donnalee Lozeau Re: Contract Award for Single Stream Recycling MOTION BY ALDERMAN CHASSE TO ACCEPT, PLACE ON FILE AND APPROVE THE REVENUE GENERATING CONTRACT AWARD TO CASELLA RECYCLING ON THE QUESTION Alderman Deane If the commodities market drops out, is there any reoccurring reduction of what their responsible for paying us for? That happened a number of years ago. You’ll probably remember, Alderman McCarthy, when we had a contract with this fellow and the metal market, the scrap steel market in particular, bottomed out. The next thing you know we had this huge pile of scrap down there. He was very slow in taking it away. It got to the point where we were running out of area to store it. Is there any provisions in the contract? Mayor Lozeau Actually there is. I don’t’ have the contract with me but if you do within a page or two in there’s a set flat rate regardless of the market. Alderman Deane Set flat rate back to the city regardless of the market. Bd. of Aldermen – 07/08/13 Page 2 Mayor Lozeau That’s correct. Alderman Deane If that set flat rate was to be changed in any way, who would have the authority to change that? Mayor Lozeau If it would have to be the Board. Alderman Deane The Board of Aldermen, not the Board of Public Works. Mayor Lozeau Right. The same process would have to be followed to change the contract. Alderman Deane Did you ever ask the Director of Public Works about Casella, if she still had any interest in that at all? Mayor Lozeau As I suspect that evening when I responded to you that there was not a conflict and that I would be aware of it, that is correct. I asked her specifically today and there is no conflict. Alderman Deane Thank you. Mayor Lozeau You’re welcome. MOTION CARRIED From: Mayor Donnalee Lozeau Re: FY13 Street Paving Program MOTION BY ALDERMAN DEANE TO ACCEPT, PLACE ON FILE AND APPROVE THE CONTRACT AWARD TO SUNSHINE PAVING IN THE AMOUNT OF $1,087,024, AND THAT THE PROVISIONS OF NRO 5-90(F) REGARDING THE RECONSIDERATION PERIOD BE WAIVED ON THE QUESTION Alderman Moriarty This and the next two contracts ask that the reconsideration period be waived. Although I’m happy to oblige a request for a rush on occasion, I do feel that reconsideration period is an integral part of the process to provide some small amount of check and balance. I prefer that it not become a habit to waive it so I’m going to be voting no on the following three. Bd. of Aldermen – 07/08/13 Page 3 President McCarthy It’s not that there’s a rush, it’s that the contractor can’t start until the reconsideration period has expired unless we do it this way. Alderman Moriarty Nevertheless, planning ahead could allow for that. Alderman Donchess I have two questions. Number one, is there an average cost for a linear foot so we get some sense of how many feet of pavement we get out of a million eight-seven thousand. There may or may not be. I’m not sure. Number two, I believe we appropriate one million for this purpose within the capital improvements budget. So my question is: Where is the other $87,000 coming from? Mayor Lozeau This money for paving crosses two fiscal years. It what remains in the prior fiscal year and the new fiscal year going forward. There is not a price per linear foot. On the finance memo which I’m not certain that I have with me tonight, but we have probably just over 4 miles of paving. That price would change. It wouldn’t necessarily be the same each year. There’s a few mitigating factors. One is the market as you can imagine as it’s a petroleum based produce. Two, depending on the type of road they’re doing. If they’re doing, let’s say, a straight shot the cost associated with that, if there’s no reclaiming or additional work, would be less than that on say a road that required additional work or some level of reclaiming or milling at a certain level. So it’s not easy to have just a straight cost. But we average somewhere between 4 and 6 miles a year on our million dollar budget. Alderman Deane To your point of the reconsideration period, is Sunshine Paving Corporation done with all the street paving that they were contracted out to do for this paving season already? Mayor Lozeau I’m not certain that they are done. They maybe. What I know, Alderman Deane, relative to reconsideration is as the chairman says it’s an effort to allow them to make the most of when it’s not raining and continue the work that they’re already doing and not to stop them. Alderman Deane I didn’t hear him mention any rain but it has been raining. Mayor Lozeau Well as you know that impacts. They take advantage of the good days and plan as best they can like we do on projects. This is just a process that has already been in place that I didn’t think there was a problem with so I’ve maintained this process the same way it’s been done. Alderman Deane There’s a total of 7,608 linear feet of roadway being paved for this amount of money. I can give you the details of the roads, if you like, or I can share this finance packet if you’d like to take a look at it. It gives the PCI, the ratings that the Public Works Department does on the roadways and it clearly describes Bd. of Aldermen – 07/08/13 Page 4 where they’re paving and what the linear footage is on each roadway that they’re doing, location street to street. Alderman Donchess Thank you, Alderman Deane. We don’t need to hold up the meeting. I will definitely take a look. Mayor Lozeau We also put the paving schedule on line every year. Then we notify the alderman when we’re in their area as well. MOTION CARRIED From: Mayor Donnalee Lozeau Re: Contract Award for Screening and Disinfection Facility – Construction MOTION BY ALDERMAN WILSHIRE TO ACCEPT, PLACE ON FILE AND APPROVE THE CONTRACT AWARD TO METHUEN CONSTRUCTION IN THE AMOUNT OF $11,733,801, AND THAT THE PROVISIONS OF NRO 5-90(F) REGARDING THE RECONSIDERATION PERIOD BE WAIVED ON THE QUESTION Alderman Deane I support the project. I don’t support carrying a million plus dollars in contingency that we lose control of so I’m going to be voting against this. Thank you. MOTION CARRIED From: Mayor Donnalee Lozeau Re: Contract Award for Screening and Disinfection Facility – Construction Oversite MOTION BY ALDERMAN CARON TO ACCEPT, PLACE ON FILE AND APPROVE THE CONTRACT AWARD TO HAZEN AND SAWYER IN THE AMOUNT OF $1,113,253, AND THAT THE PROVISIONS OF NRO 5-90(F) REGARDING THE RECONSIDERATION PERIOD BE WAIVED MOTION CARRIED PERIOD FOR PUBLIC COMMENT RELATIVE TO ITEMS EXPECTED TO BE ACTED UPON THIS EVENING – None PETITIONS - None NOMINATIONS, APPOINTMENTS AND ELECTIONS – None REPORTS OF COMMITTEE Finance Committee............................................................................. 06/19/13 There being no objection, President McCarthy declared the report of the June 19, 2013 Finance Committee accepted and placed on file. Bd. of Aldermen – 07/08/13 Page 5 Committee on Infrastructure ............................................................... 06/26/13 MOTION BY ALDERMAN COOKSON THAT THE REPORT OF THE JUNE 26, 2013 COMMITTEE ON INFRASTRUCTURE BE ACCEPTED, PLACED ON FILE AND THAT THE PETITIONS FOR STREET ACCEPTANCE FOR PORTIONS OF INDIAN ROCK ROAD AND SOUTH DEERWOOD DRIVE AND THE PETITION FOR STREET DISCONTINUANCE & PUBLIC EASEMENT TO BE DISCONTINUED FOR DOZER ROAD (SO-CALLED) BE GRANTED MOTION CARRIED Planning & Economic Development Committee .................................. 06/18/13 There being no objection, President McCarthy declared the report of the June 18, 2013 Planning & Economic Development Committee accepted and placed on file. WRITTEN REPORTS FROM LIAISONS – None CONFIRMATION OF MAYOR'S APPOINTMENTS – None UNFINISHED BUSINESS – RESOLUTIONS - None UNFINISHED BUSINESS – ORDINANCES O-13-43 Endorsers: Alderman-at-Large Lori Wilshire Alderman Diane Sheehan Alderman-at-Large Jim Donchess Alderman June M. Caron Alderman-at-Large Barbara Pressly RELATIVE TO THE LOCATION OF ESTABLISHMENTS WITH LICENSES PERMITTING CONSUMPTION OF ALCOHOLIC BEVERAGES ON PREMISES Given its second reading; MOTION BY ALDERMAN WILSHIRE FOR FINAL PASSAGE OF O-13-43 Alderman Chasse Roll call please. A viva voce roll call was taken which resulted as follows: Yea: Ald. Wilshire, Ald. Chasse, Ald. Caron Ald. Sheehan 4 Nay: Ald. Moriarty, Ald. Donchess, Ald. Tabacsko, Ald. Deane, Ald. Vitale, Ald. Craffey, Ald. Cookson, Ald. Pressly, Ald. McCarthy 9 MOTION FAILED Alderman Chasse I didn’t get a chance to weigh in on this one, but I’d like to give you some thoughts about this. First of all, I am veteran. Bd. of Aldermen – 07/08/13 Page 6 President McCarthy We don’t have a motion on the floor. We’ll need a motion first. Do you want to make one? Alderman Chasse No because then I can’t talk about it if I make the motion. President McCarthy Sure you can. Alderman Chasse I want to make a motion to table O-13-43. Now, I can’t talk about it so I’m going to rescind that motion, and I’m going to make a motion for final passage again. President McCarthy You can’t. MOTION BY ALDERMAN DEANE FOR INDEFINITE POSTPONEMENT FOR O-13-43 ON THE QUESTION Alderman Chasse Like I said I didn’t get to put my two cents in on O-13-43. I saw the public comments over here by a lot of the people from the VFW. I have nothing against the VFW individuals. I know the work they do. I listened to the people that live on the street that have children there. There was never a group in that area that was brought together by the ward alderman or the mayor to discuss this. Here’s my dilemma: If I went there and I was going to open up Paul’s Sports Bar, I guarantee you it would have been a 15 to 0 vote not to let me do it. It’s not about the VFW. I don’t care what the Telegraph says. It’s about alcohol on school premises. That’s it. Period. I’ll make it known right now I was not in favor of having alcohol in Holman Stadium, and I do like to have a brewski every now and then. But that’s not the point. It’s up for indefinite postponement. Hopefully it won’t make it. I would like to table if it doesn’t make it and I’ll tell you why. If the VFW does not go in that place, it gives us the perfect time to do the right thing and that is to keep alcohol away from the schools. Thank you. Alderman Moriarty If it didn’t have clauses to exempt pre-existing establishment then I might believe that statement. But basically I’m voting against it for two reasons. Obvious reasons. There’s no history of problems that need to be solved. Secondly, the veterans in this case do deserve the benefit of the doubt and even if necessary, which it’s not, they would deserve extra leniency. MOTION BY ALDERMAN SHEEHAN TO TABLE Alderman Chasse Roll call please. Bd. of Aldermen – 07/08/13 Page 7 A viva voce roll call was taken which resulted as follows: Yea: Ald. Wilshire, Ald. Chasse, Ald. Caron Ald. Donchess, Ald. Sheehan 5 Nay: Ald. Moriarty, Ald. Donchess, Ald. Deane, Ald. Vitale, Ald. Craffey, Ald. Cookson, Ald. Pressly, Ald. McCarthy 8 MOTION FAILED President McCarthy That motion for indefinite postponement is back in front of the Board. Alderman Wilshire I agree with Alderman Chasse. If there were no veterans in here discussing this issue and if it were Paul in here opening Paul’s Sports Bar in that establishment, it would have failed 15-0. You know it; I know it. To Alderman Moriarty’s point, there’s been no problem because there are no liquor permits on a school property. This would be the first one we’d allow. That’s why there’s no problem yet. I’m trying to prevent that. A viva voce roll call was taken which resulted as follows: Yea: Ald. Moriarty, Ald. Donchess, Ald. Tabacsko, Ald. Deane, Ald. Vitale, Ald. Craffey, Ald. Cookson, Ald. Pressly, Ald. McCarthy 9 Yea: Ald. Wilshire, Ald. Chasse, Ald. Caron 4 Ald. Sheehan Ordinance O-13-43 declared indefinitely postponed. NEW BUSINESS – RESOLUTIONS - None NEW BUSINESS – ORDINANCES - None PERIOD FOR GENERAL PUBLIC COMMENT Paula Johnson, 15 Westborn Drive. Hope everybody had a great Fourth of July, although it was a little bit hot out there to say the least on the Fourth of July but it gave us our country’s birth again. It made us feel great about this country all over again. Tonight I’m going to talk about a couple of things, and Attorney Bennett, I’m going to challenge you again. That the people of Nashua that you say that we do not have the right to see the Mayor’s calendar. Since our Mayor is elected and she and her staff are paid by taxpayers of this city, we have the right to see her internal and external calendar. This is not about her dentist or doctor’s appointments. It is about the fact that her position as Mayor is a public office and a public trust. So I went back over some legislation when I was on this Board, and we were brutal sometimes to Mayor Streeter. We held his feet to the fire. I’m sure all of you remember who were on the Board. There was a resolution, R-05-329, Establishing an Expense Account in the Mayor’s Office. I went back over this and I’m kind of saying to myself why did we do this? We did this because we didn’t like the way the Mayor was spending money for purchases on certain things. I was really surprised because it was Alderman LaRose Bd. of Aldermen – 07/08/13 Page 8 who wrote the resolution, and a lot of us felt it needed to be done. I don’t know if the Mayor’s gas is being paid by us, as citizens, whether or not she’s tanking up at the city barn. But if that’s the case, we have the right to know her mileage, where she’s going, personal and business. We have the right to see an expense report. This piece of legislation talked about every 30 days financial services, excuse me, three months, financial services shall submit to the Board of Aldermen every three months an accounting of all expenses charged to this account. It was pursuant to IRS Publication 463. Although Attorney Bennett, you say we’re not entitled to it, there’s always another way to get it. And I, as a citizen, if the Mayor is using the gas that the citizens pay for to put in her car and/or if she’s using her personal car which we know she is, if she’s charging the city mileage, we have the right to know where she’s going with the mileage. So nay, nay, nay when you say we’re not entitled to this. We sure are. As long as everybody is on that payroll we, the people, remember, we the people, are entitled to this. So that’s the first thing tonight. I kind of was a little bit annoyed when I read that in the paper. Also we do have the right to know how much the sidewalk project is costing us and that includes labor of the people that are out there. If they weren’t doing the sidewalk, and they’re doing an excellent job, where else would they be? And I’d like to know what isn’t falling behind because you say nothing’s falling behind. So we, the people, really have that right to know on that sidewalk project since it’s going on over budget. And we also know the Broad Street Parkway isn’t coming in within the timeline. The next thing I want to talk about on September 25, 2012, Alderman Sheehan accosted me in the parking lot with a verbal tyrant for a matter that I had and continue to have no knowledge of whatsoever. A public official has a duty, an obligation to treat all citizens who come before the Board or who do business in the city with respect. I asked for an apology and to date I have not received one. At the time on 9-25 and to present, I remain a citizen and a taxpayer of this City of Nashua. I will leave it to the good people of Nashua who know of my past contributions and loyalty to this city to form their own judgments about the decorum of elected officials. Thank you. REMARKS BY THE MEMBERS OF THE BOARD OF ALDERMEN Alderman Pressly I would just like to comment that it was erroneously reported in the newspaper that I was opposed to the tablets and that is very contrary to my position, and it has been. Apparently the reporter, there was a voice vote and she heard a few voices say no, but it was not myself. So I want you to know that having universal technology for the whole Board was one of the ideas that the committee that I chaired on technology. It should be part of a larger plan, but it’s a first step. I think it’s positive that everyone in the Chamber have the same technology, the same information. It will be information that’s available to the public, to the people that are sitting in the gallery and at home on television. I think it is a step to universalize our information, become a united team so that when we’re discussing and voting on issues we all are looking at the same thing along with the public. I just wanted to clear up the record that I am now and always have been supportive of having tablets for everyone in the Chamber. T thank you. Alderman Cookson I just wanted to express our appreciation, my family and myself, for a wonderful July 4th. Really enjoyed the hospitality, great fireworks show, and I hope everybody in the city enjoyed it as well. Then I also wanted to express my condolences to the Rainer family who lost a wonderful person this past weekend. A father of seven, a grandfather of ten, and numerous great grandchildren. Ron was much too young, a 65 year-old man who passed away. He’ll be sorely missed. Alderman Vitale I just wanted to let everybody in Ward 1 know that Wednesday from 6 – 7 p.m., I will be holding the ward coffee at the Starbucks at Exit 6. I hope anybody can join me that has question that they would like to ask. Thank you. Bd. of Aldermen – 07/08/13 Page 9 Alderman Deane I enjoyed the fireworks from my front yard. But what I was really amazed by was at about, I don’t know what time it was, 10:30, whatever it was, there seemed like there was a second show that a lot of people didn’t get a chance to see, but I did. Oh my God, I think they set all of those things off at the same time. It was unbelievable. It looks like they might have missed a portion of them or something. Put it this way, Mayor, everybody had gone home but us. We were sitting out there and all of a sudden the whole sky lit up. Alderman Chasse I was still there. Mayor Lozeau Some of us was still there. It was the humidity, Alderman Deane. They had duds. Merrimack and Manchester had the same problem. Alderman Deane Is that why they all went off at the same time? Mayor Lozeau I don’t know how they lit them, but they were very frightening to those of us that thought the show was over as you described. Alderman Sheehan I also enjoyed it and enjoyed the second show that we got on Fancy Friday. I was out enjoying the Flash Fancy Friday, there was a minor show over the river. I don’t know who did that but it was right as we were walking by so it made for some interesting Fancy Friday pictures. I wanted to also thank for the Fourth of July show. I think they did a wonderful job. They always do. I’m always amused that Boston’s are over much sooner than ours are. I always think of that as a feather in our cap. Alderman Donchess I had a parliamentary question for Mayor Lozeau which is related to the branding project. When I believe NorthStar came to us in November, the Economic Development Director told us that we could expect a bunch of materials, a website redesign or a logo, etc., by February. February has past so I’m just curious as to what happened with the project and why the delay and where do we stand at this point? Mayor Lozeau I can’t recall what dates were given, but I do know that the branding initiative should be coming to a Chamber near you anytime now. I think they are trying to be careful not to launch it in the depth of summer. But I think they are pretty much finishing up, and they are working on how to unveil it. I’m sure that the Economic Development Director will be speaking both with the President of the Board and the Chairman of the Planning & Economic Development Committee about how to roll it out here. Alderman Moriarty At this past February or March, I forget exactly which month, Pennichuck Corporation Annual Shareholder meeting, I had a question about the finances and the accounting which I deferred because it Bd. of Aldermen – 07/08/13 Page 10 wasn’t really the appropriate venue to talk about it. There’s a pending ordinance on the proxy vote. I’m wondering whether we’ll get to address those two topics in a Pennichuck Water Special Committee anytime soon. President McCarthy Yes. I had originally asked them for some dates in June and early July when they could come. Then the budget pushed that a little further so I didn’t try to schedule that then. I’m going to set that up for a date not long from now. Alderman Caron I just found out before I left that some of the streets in Ward 7 were not picked up by Solid Waste so please keep your trash cans out. They will be taking care of them first ting tomorrow. Thank you. Alderman Chasse I went to Holman Stadium on the Fourth of July. I didn’t watch the fireworks from there but I was there for the ceremony of Greg Andruskevich and his father. They were both inducted into the Hall of Fame. I could tell you a little bit about Greg. When I first started playing softball at Hampshire Chemical, Gregg was a young pup working out of the Nashua Telegraph, and I’ll tell you this man used to write about everybody. All the men’s softball, the girls softball leagues, the little leagues. The write-ups in the Nashua paper were huge. He covered every game. Now all I see in there is AP or nothing or you catch these little boxes for your teams that are playing right now. During those days, Gregg would have been down there and you would have had some publicity on all these games. It’s well deserved that he gets this recognition. I wish it was more reporters like that that would cover local sports. It was an honor to see him get elected. Thank you. Alderman Wilshire I just wanted to report back on the weather for the Club National 14th Annual Golf Tournament. It was rain free. Alderman Chasse Correction on that. It was misting when we were taking registrations. President McCarthy I would comment that the Fourth of July fireworks were quite enjoyable as they always are. I think that’s one of the best things that we do in the course of the year to celebrate our community and our country. Reminder: the Chamber will be worked on over the next ten days or so so please clean your desks off before you leave. Alderman Deane Just the top? Mayor Lozeau And underneath. Bd. of Aldermen – 07/08/13 Page 11 Alderman Deane Why? What’s going on underneath? President McCarthy They’re doing wiring. Alderman Pressly But we can leave things in the drawer, right? President McCarthy Our understanding is we can leave stuff in the drawer. If we can’t then Sue will pack those up for us so please clean out the underneath and the top. I want to wish upcoming birthdays to Alderman Wilshire and Alderman Donchess. Alderman Wilshire And I’d like to wish, and I’m sure the Board will join me, in wishing you a happy upcoming birthday. President McCarthy Thank you. Committee announcements: ADJOURNMENT MOTION BY ALDERMAN DEANE THAT THE JULY 8, 2013 MEETING OF THE BOARD OF ALDERMEN BE ADJOURNED MOTION CARRIED The meeting was declared adjourned at 8:05 p.m. Attest: Patricia Piecuch, Deputy City Clerk