Aldermen, Board of

AGENDA MEETING OF THE BOARD OF ALDERMEN OCTOBER 8. 2013 1. PRESIDENT BRIAN S. MCCARTHY CALLS ASSEMBLY TO ORDER 2. PRAYER OFFERED BY CITY CLERK PAUL R. BERGERON 3. PLEDGE TO THE FLAG LED BY ALDERMAN ARTHUR T. CRAFFEY, JR. 4. ROLL CALL 5. REMARKS BY THE MAYOR 6. RESPONSE TO REMARKS OF THE MAYOR 7. RECOGNITIONS 8. READING MINUTES OF PREVIOUS MEETING AND PUBLIC HEARING Board of Aldermen 09/24/13 9. COMMUNICATIONS From: Mayor Donnalee Lozeau Re: Millyard Chimney • Tabled 8/13/13 From: Paul R. Bergeron, City Clerk Re: Certificate of Insufficiency From: Mayor Donnalee Lozeau Re: Contract Award for Broad Street Parkway North - Construction From: Mayor Donnalee Lozeau Re: Obligation to Reimburse the Merrimack Valley Regional Water District for Expenses Related to the Pennichuck Corporation Acquisition PERIOD FOR PUBLIC COMMENT RELATIVE TO ITEMS EXPECTED TO BE ACTED UPON THIS EVENING 10. PETITIONS 11. NOMINATIONS, APPOINTMENTS AND ELECTIONS 12. REPORTS OF COMMITTEE Finance Committee 09/18/13 Finance Committee 10/02/13 Committee on Infrastructure 09/25/13 Human Affairs Committee 10/03/13 13. WRITTEN REPORTS FROM LIAISONS Conservation Commission Jan-Aug, 2013 14. CONFIRMATION OF MAYOR'S APPOINTMENTS Zoning Board of Adjustment Jonathan Currier (Reappointment) Term to Expire: September 11,2016 6 New Searles Road Nashua, NH 03062 • Tabled 9/10/13 UNFINISHED BUSINESS - RESOLUTIONS R-13-129 Endorsers: Alderman-at-Large David W. Deane Alderman Arthur T. Craffey, Jr. Alderman-at-Large Lori Wilshire Alderman June M. Caron Alderman-at-Large Barbara Pressly Alderman Kathy Vitale Alderman-at-Large Jim Donchess Alderman Daniel T. Moriarty APPROVING A NEW LOCATION FOR THE DAVID W. DEANE SKATE PARK • Amended & Tabled - 9/10/13 R-13-141 Endorsers: Mayor Donnalee Lozeau Alderman-at-Large Lori Wilshire Alderman Diane Sheehan Alderman Richard A. Dowd Alderman Mary Ann Melizzi-Golja Alderman June M. Caron Alderman Michael J. Tabacsko Alderman Kathy Vitale Alderman Arthur T. Craffey, Jr. Alderman-at-Large Barbara Pressly RELATIVE TO THE ACCEPTANCE AND APPROPRIATION OF $50,193 FROM THE UNITED STATES DEPARTMENT OF JUSTICE INTO POLICE GRANT ACTIVITY "2013 JUSTICE ASSISTANCE GRANT (MULTI-JURISDICTIONAL)" • Human Affairs Committee Recommends: Final Passage FM 3-143 Endorsers: Mayor Donnalee Lozeau Alderman Diane Sheehan Alderman Michael J. Tabacsko Alderman Arthur T. Craffey, Jr. Alderman Richard A. Dowd AUTHORIZING THE GRANTING OF EASEMENTS TO PENNICHUCK WATER WORKS, INC. FOR CONSTRUCTION AND MAINTENANCE OF WATERUNES BEING RELOCATED AS A RESULT OF THE BROAD STREET PARKWAY PROJECT • Committee on Infrastructure Recommends: Final Passage R-13-144 Endorsers: Mayor Donnalee Lozeau Alderman-at-Large Lori Wilshire Alderman Diane Sheehan Alderman Richard A. Dowd Alderman Mary Ann Melizzi-Golja Alderman June M. Caron Alderman Michael J. Tabacsko Alderman Kathy Vitale Alderman Arthur T. Craffey, Jr. RELATIVE TO THE ACCEPTANCE AND APPROPRIATION OF $102,928 FROM THE STATE OF NEW HAMPSHIRE DEPARTMENT OF SAFETY INTO POLICE GRANT ACTIVITY "2012 HOMELAND SECURITY GRANT PROGRAM" • Human Affairs Committee Recommends: Final Passage UNFINISHED BUSINESS - ORDINANCES 0-12-21 Endorsers: Alderman Mary Ann Melizzi-Golja Alderman June Caron Alderman Michael Tabacsko Alderman Diane Sheehan Alderman Richard A. Dowd AMENDING THE COMPOSITION OF THE REVIEW AND COMMENT COMMISSION • Human Affairs Committee Recommends: Final Passage as Amended • Personnel/Administrative Affairs Committee Recommends: Final Passage 0-13-41 Endorsers: Alderman-at-Large James Donchess Alderman-at-Large Brian S. McCarthy Alderman-at-Large Lori Wilshire Alderman Michael Tabacsko Alderman-at-Large Barbara Pressly Alderman Arthur T. Craffey, Jr. Alderman Mary Ann Melizzi-Golja ESTABLISHING AN OVERNIGHT ON-STREET PARKING PILOT PROGRAM IN A DESIGNATED DOWNTOWN AREA • Committee on Infrastructure Recommends: Final Passage as Amended 0-13-52 Endorser Alderman Michael J. Tabacsko AUTHORIZING A STOP SIGN ON BRIARCLIFF DRIVE AT ITS INTERSECTION WITH FORDHAM DRIVE • Committee on Infrastructure Recommends: Final Passage 0-13-53 Endorsers: Alderman-at-Large Barbara Pressly Alderman-at-Large Mark S. Cookson Alderman Arthur T. Craffey, Jr. Alderman Diane Sheehan AMENDING THE STARTING TIME OF PARKING METER AND PAY STATION HOURS FROM 8:00 A.M. TO 9:00 A.M. • Committee on Infrastructure Recommends: Final Passage as Amended • Also assigned to Downtown Advisory Committee for Informational Purposes NEW BUSINESS ~ RESOLUTIONS NEW BUSINESS - ORDINANCES 0-13-57 Endorser: Alderman Diane Sheehan ESTABLISHING A NO PARKING ZONE ON A PORTION OF THE SOUTH SIDE OF AUBURN STREET PERIOD FOR GENERAL PUBLIC COMMENT REMARKS BY THE MEMBERS OF THE BOARD OF ALDERMEN Committee announcements: ADJOURNMENT  229 Main Street City of Nashua P.O. Box 2019 Nashua, NH 03061-2019 Office of the City Clerk (603) 589-3010 Paul R. Bergeron Patricia Piecuch Fax (603) 589-3029 City Clerk Deputy City Clerk E-Mail: cityclerkdept@NashuaNH.gov CERTIFICATE OF INSUFFICIENCY September 27,2013 To the Mayor and Members of the Board of Aldermen: On September 13, 2013, the Office of the City Clerk accepted a petition seeking to amend the City Charter, the purpose of which was to amend Section 56-c, Limitation on budget increases. RSA 49-B:5 II provides that a written petition for an amendment to the city charter may be filed by the number of voters equal to at least 20 percent of the number of votes cast at the last regular municipal election. Whereas the number of votes cast at the November 2011 municipal election totaled 7,613 votes, the minimum number of voters required to petition for a charter amendment is 1,523. Upon review, 1,203 of 1,601 signatures were certified. The petition, therefore, has been determined to be insufficient. An additional 320 signatures were required. This Certificate of Insufficiency is being provided to the Mayor and Board of Aldermen as required under RSA 49-B:3. IV. A copy of the first three pages of the petitioners' committee affidavit is attached. The complete affidavit and the petitions submitted to the City Clerk on September 13, 2013 are on file in the City Clerk's Office. The petitioners' committee has been notified of the petition's insufficiency and will have an opportunity to amend the initial filing in accordance with the provisions of RSA 49-B:3, if it so chooses. CERTIFICATION WITNESS my hand and the Seal of the saicj^ity of Nashua, New Hampshire, this 27,h day of September 2013. Attest: STATE OF NEW HAMPSHIRE COUNTY OF HILLSBOROUGH The foregoing instrument was acknowledged_before me this 27 day of September 2013 by Paul R. Bergeron, Clerk of the Cit  Affidavit Regarding the Creation of Petitioners* Committee Pursuant RSA 49-B:5 (Proposed Amendment to the Nashua City Charter) ' -'We, the undersigned, Gary Hoffman. Karen Costura-Hoffman. Maida Latvis, Judith Loftus and Susan Guidici of Nashua, NH, hereby make oath and attest to the fact that we are registered voters in the City of Nashua, County of Hillsborough, State of New Hampshire, and are the five registered voters hereby constituting a Petitioner's Committee pursuant to RSA 49-B:5. The purpose of the Petitioner's Committee is to put forth the amendment to the Nashua City Charter ' as provided below. The members of the Petitioner's Committee and their attestation to this Affidavit are provided below: I. Gary Hoffman 18 Harbor Avenue Apartment 104 Nashua, NH 03060 Hillsborough County State o f New H ampshire . DATED this t h e ^ ^ d a y of Signature of A SWORN and subscribed before me, this ^ d a y / z / q f / ï e/ S My Commission Expires NOTARY PUBLIC 2. Karen Costura-Hoffman 18 Harbor Avenue Apartment 104 Nashua, NH 03060 Hillsborough County State of New Hampshire ^ DATED this the 7 day of / y f r ^ " / 2013 Signature of Affiant SWORN and subscribed before me. this $ _ day My Commission Expires NOTARY PUBLIC 1 3. (Via id a Latvis 9 Manchester Street Nashua, NH 03064 Hillsborough County State of New Hampshire a * . DATED this the f day of / r f A * ^ ,2013 Ugnature of Affiant SWORN and subscribed before me, this day / I f A t L- / , 2013 / A - / 4 - / 7 My Commission Expires 4. .Judith Loftus 4 Dartmouth Street Nashua, NH 03064 Hillsborough County State of New Hampshire DATED this the 4 * c j a y of 2013 Ä \ SWORN and subscribed before me, this ^ day iS/ "¡Z"*» \o% t «„ OWU5 :2 = V " ! My Commission Expires NOTARY PUBLIC 2 5. Susan Guidici. 8 Mahogany Drive Nashua, NH 03062 Hillsborough County State of New Hampshire DATED this the 9 day of Signature of Affiant My Commission Expires The Petitioner's Committee puts forth the following amendment to the Nashua City Charter: "Shall the municipality approve the charter amendment reprinted below? In order to more accurately measure cost increases to municipal expenditures, the municipality will amend the City Charter, Section 56-c, titled "Limitation on budget increases11, paragraph two, by adding the text which appears in bold italics and deleting the text which appears in brackets and which is struck through as follows: (n establishing a combined annual municipal budget for the next fiscal year, the mayor and the board of aldermen shall consider total expenditures not to exceed an amount equal to the combined annual budget of the current fiscal year, increased by a factor equal to the average of the changes in the Gross Domestic Product (GDP) Implicit Price Deflator (IPD) for State and Local Government Consumption Expenditures and Gross Investment [Consumer Price Index Urban (CPI U)| of the three (3) calendar years immediately preceding budget adoption as published by the Bureau of Economic Analysis [U.S. Bureau of Labor Statistics!.11 in accordance with Chapter RSA 49-B:5.H.a . an additional twenty voters of the City of Nashua have signed this affidavit in the space below. have read the Affidavit Regarding the Creation of Petitioners' Committee Pursuant RSA 49- B: 5 (Proposed Amendment to the Nashua City Charter) and hereby sign this Affidavit as one of the twenty registered voters required by law.  229 Main Street City of Nashua P.O. Box 2019 Nashua. NH 03061-2019 Office of the City Clerk (603) 589-3010 Paul R. Bergeron Patricia Piecuch Fax (603) 589-3029 City Clerk Deputy City Clerk E-Mail: cityclerkdept@NashuaNH.gov September 27, 2013 Mr. Gary Hoffman 18 Harbor Avenue, Apt. 104 Nashua, NH 03060 Dear Mr. Hoffman: The Office of the City Clerk has completed its review of the 133 petition forms submitted on September 13, 2013 for the purpose of placing a question on the ballot to amend City Charter Section 56-c, Limitation on budget increases. The City Clerk has determined that the petition is insufficient for lack of the required number of valid signatures. RSA 49-8:3 requires that the petitions be signed by "a number of voters equal to at least 20 percent of the number of votes cast in the municipality at the last regular municipal election." The total number of votes cast at the November 8, 2011 municipal election was 7,613. Therefore, 1,523 signatures were required for the petition to be deemed sufficient; the City Clerk certified 1,203 signatures. There were a total of 1,601 signatures on the petition forms, 398 of which were rejected for various reasons including: not registered to vote, invalid addresses, and duplicate signatures. RSA 49-B:3.IV.a provides that within 2 days after receiving a copy of the clerk's certificate, the committee may file a notice of intention to amend it with the City Clerk. (When the last day for performing any act under the election laws is a Saturday (or) Sunday...the action required shall be deemed to be duly performed if it is performed on the following business day." RSA 652:18.11). The City Clerk will then issue supplementary petition forms, and the committee will have 10 days after the date of filing of the notice of intention to file a supplementary petition to correct the deficiencies in the original petition. In this instance, the committee will be required to submit supplementary petitions, which have been properly executed, containing the signatures and residential addresses of at least 320 Nashua voters. If the committee chooses not to file notice of intention to amend the petition within the time allowed under state law, the initial filing will become null and void and of no further force or effect. Sincerely, Paul R. Bergeron City Clerk cc: Karen Costura-Hoffman, Maida Latvis, Judith Loftus, Susan Guidici Mayor Lozeau, Board of Aldermen  Qicruiaiee 1£oz£cui MAYOR To: Froi Date: \Q(itober3, 2013 Re: Contract Award for Broad Street Parkway North - Construction I am requesting the Board of Aldermen's concurrence and approval for the award of the Broad Street Parkway North Construction contract in the amount of $11,052,579 to RS Audley, pursuant to NRO § 5-90 (E). This award was approved by the Board of Public Works on September 19, 2013 and by the Finance Committee during the October 2,2013 meeting. I am also requesting that the provision of NRO § 5-90 (F) regarding the reconsideration period be waived. Attached please find Purchasing Manager's Memo #14-051 regarding this award. Thank you. 229 Main Street • PO Box 2019 • Nashua, NH 03061-2019 603.589.3260 • fax 603.594.3450 • NashoaMayor@NashuaNH.gov  City of Nashua Central Purchasing 229 Main Street Nashua NH 03060 603-589-3330 Fax: 603-589-3344 September 23, 2013 Memo #14-051 TO: MAYOR LOZEAU FINANCE COMMITTEE SUBJECT: CONTRACT AWARD FOR BROAD STREET PARKWAY NORTH - CONSTRUCTION - REQUESTED BY DIVISION OF PUBLIC WORKS (VALUE: $11,052,579) DEPARTMENT: 160 PUBLIC WORKS ADMINISTRATION/ENGINEERING; FUND: CAPITAL PROJECTS; ACTIVITY DESCRIPTION: BROAD STREET PARKWAY The Broad Street Parkway - North Construction Contract includes construction of a portion of the Broad Street Parkway. Work will include widening and upgrades to Broad Street, east of the Exit 6 interchange, as well as the replacement of the Baldwin Street Bridge over the Pan Am railroad tracks. The new bridge will span both the railroad and the proposed Parkway. The construction of the improvements and new roadway will also include a new signalized intersection at the intersection of the Parkway with Broad Street, a closed drainage system and construction of 7 bioretention ponds and one detention pond. Other improvements include new sidewalks on Broad Street, and the removal of existing large building foundation slabs at #44 Broad Street and the former Fimbel Door Manufacturing site. The bid documents included three bid alternatives: (Alt 1) upgrade to the bridge rail, (Alt 2) upgrade to the abutment concrete surface treatment, and (Alt 3) paving a sidewalk on one side of the parkway within project limits. Bids were solicited from eighty-four (84) firms and information for bidders was posted on the City's web-site under reference document IFB0148-090313 as well as advertised in both the Nashua Telegraph and Union Leader. Five (5) bids was received and opened on September 4th, 2013. A summary of low bidder RS Audley's submission is below: Base Bid Alt 1 Alt 2 Alt 3 Total $10,880,997 $132,070 $10,812 $28,700 $11,052,579 It is recommended that a contract be awarded to RS Audley, Inc. for a value of the total of Base Bid plus the Bid Alternatives subject to City approval of each Bid Alternative. Contract award is also pending approval by New Hampshire Department of Transportation (NHDOT)and Federal Highway Administration (FHWA). Fay Spofford & Thorndike has provided the detailed bid tabulation (comparison) and has reviewed the bids and recommends along with City staff the award be made to RS Audley, Bow, NH as the qualified low bidder. RS Audley was prequalified by NHDOT. Pursuant to NRO § 5-90 (E), approval by the Finance Committee of a contract award in excess of $1,000,000 shall be submitted to the full Board of Aldermen at its next regularly scheduled meeting for final approval prior to award of the contract. Contract documents including plans and specifications are available for review in the Aldermanic Office. The proposed contract is in the same format as past contracts which both our risk Management and Legal Departments have approved. The City Engineer's Office, Board of Public Works (September 19, 2013 meeting) and this Office recommend awarding the contract in the amount of $11,052,579 to low bidder RS Audley, Bow, NH. Respectfully, Robert Gabriel Purchasing Manager Cc: J. Griffin J. Vancor S. Dookran L. Fauteux  ^îôowiaiee Ifozeau MAYOR TO: \ Board of ftWkiïBén FROM: Çtyftaffee Lozeau DATE: G^cjober 4,2013 RE: Obligation to reimburse the Merrimack Valley Regional Water District for expenses related to the Pennichuck Corporation acquisition I am requesting that this board reaffirm its obligation to the Merrimack Valley Regional Water District ("the district") to reimburse the district for expenses incurred as a result of its participation in the Pennichuck Corporation acquisition process and to pay that obligation in full utilizing the recently declared shareholder dividend from Pennichuck Corporation. In the Fall of 2011, this board directed our team to negotiate an agreement with the district to drop its opposition to the city's acquisition of Pennichuck and to support a proposed settlement agreement to be presented to the Public Utilities Commission ("PUC"). An agreement was reached with the district consisting of three components: (1) Dedicating one (1) seat on the Pennichuck Board of Directors to the district; (2) Payment of the district's costs incurred during the acquisition process at an agreed-to amount of $250,000. paid from dividends paid to the city by Pennichuck; and, (3) The district's concurrence on the petition for approval of the acquisition of Pennichuck by the City of Nashua. In reliance on this agreement, the district withdrew its opposition to the acquisition and signed the proposed settlement agreement. The PUC, by order dated November 23,2011, approved the acquisition and settlement agreement. The city has fulfilled one of its promises to the district by dedicating one (1) seat on the Pennichuck Board of Directors to the district. The city's remaining obligation under the agreement is to reimburse the district for its expenses in an agreed-to amount of $250,000. It is just short of two years since the district fulfilled its obligations to the city. The Pennichuck Board of Directors has recently declared a dividend to the city in the amount of $500,000. I believe that this board should now reaffirm the city's obligation to the district and direct the Pennichuck Corporation to disperse, on behalf of the city, $250,000 of the dividend's proceeds to pay the city's obligation to the other seven (7) municipalities that comprise the district. Thank you. 229 Main Street • P 0 Box 2019 • Nashua, NH 03061-2019 603.589.3260 • fax 603.594.3450 • NashuaMayor@NashuaNH.gov