Aldermen, Board of

AGENDA MEETING OF THE BOARD OF ALDERMEN OCTOBER 22. 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 MICHAEL J. TABACSKO 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 10/08/13 Planning & Economic Development Committee Public Hearing 10/01/13 9. COMMUNICATIONS From: Mayor Donnalee Lozeau Re: Millyard Chimney • Tabled 8/13/13 From Paul R. Bergeron, City Clerk Re: Certificate of Sufficiency From: Mayor Donnalee Lozeau Re: Resolution R-13-145, Cost Items of Police Supervisors Union Collective Bargaining Agreement PERIOD FOR PUBLIC COMMENT RELATIVE TO ITEMS EXPECTED TO BE ACTED UPON THIS EVENING 10. PETITIONS 11. NOMINATIONS, APPOINTMENTS AND ELECTIONS Appointments by the Mayor 12. REPORTS OF COMMITTEE Finance Committee 10/16/13 Pennichuck Water Special Committee 10/09/13 Planning & Economic Development Committee 10/01/13 13. WRITTEN REPORTS FROM LIAISONS 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-13-97 Endorsers: Alderman Daniel T. Moriarty Alderman-at-Large Jim Donchess Alderman-at-Large Barbara Pressly Alderman Arthur T. Craffey, Jr Alderman-at-Large David W. Deane PROCEDURE FOR A PROXY VOTE FOR PENNICHUCK CORPORATION'S ANNUAL MEETING OF THE SOLE SHAREHOLDER • Pennichuck Water Special Committee Recommends: Indefinite Postponement 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 • Amended & Tabled 9/10/13 FOR THE DAVID W. DEANE SKATE PARK R-13-145 Endorser: Alderman-at-Large Lori Wilshire Alderman-at-Large Barbara Pressly Alderman Richard A. Dowd APPROVING THE COST ITEMS OF A COLLECTIVE BARGAINING AGREEMENT BETWEEN THE NASHUA POLICE COMMISSION AND THE NASHUA POLICE SUPERVISORS ASSOCIATION FROM JULY 1, 2011 THROUGH JUNE 30, 2015 AND AUTHORIZING RELATED TRANSFERS • Recommendation Anticipated from Budget Review Committee Mtg of 10/21/13 UNFINISHED BUSINESS - ORDINANCES 0-13-37 Endorser:Alderman Daniel T. Moriarty Alderman-at-Large Brian S. McCarthy Alderman-at-Large Barbara Pressly Alderman-at-Large Mark S. Cookson Alderman Arthur T. Craffey, Jr. Alderman-at-Large David W. Deane Alderman Diane Sheehan Alderman Michael J. Tabacsko Alderman-at-Large Jim Donchess Alderman Richard A. Dowd ESTABLISHING RULES FOR PENNICHUCK CORPORATION SOLE SHAREHOLDER VOTING • Pennichuck Water Special Committee Recommends: Final Passage as Amended 0-13-50 Endorser. Mayor Donnalee Lozeau AMENDING THE ZONING ORDINANCE BY ESTABLISHING A GROUNDWATER MANAGEMENT ZONE OVERLAY DISTRICT TO INCLUDE THE GROUNDWATER MANAGEMENT •• Also Planning ZONES FOR & Economic FOUR HILLS Development LANDFILL Committee AND THE Recommends: GILSON Final ROAD SITE Passage assigned to NCPB; Favorable Recommendation Issued 9/5/13 NEW BUSINESS - RESOLUTIONS R-13-146 Endorsers: Mayor Donnalee Lozeau Alderman-at-Large Lori Wilshire Alderman Diane Sheehan ACCEPTING 7 NEW PORTABLE RADIOS FROM THE STATE OF NEW HAMPSHIRE R-13-147 Endorsers: As Required by RSA 49-B ORDERING THAT A PROPOSED AMENDMENT TO CITY CHARTER SECTION 56-c, RELATIVE TO THE LIMITATION ON BUDGET INCREASES, BE PLACED ON THE BALLOT AT THE NEXT REGULAR STATE BIENNIAL ELECTION NEW BUSINESS - ORDINANCES 0-13-58 Endorsers: Alderman-at-Large David W. Deane Alderman-at-Large Mark S. Cookson Alderman-at-Large Barbara Pressly Alderman Arthur T. Craffey, Jr. Alderman-at-Large James Donchess RESCINDING THE AUTHORIZATION FOR PARKING METERS ON QUINCY STREET 0-13-59 Endorser: Alderman-at-Large Mark S. Cookson REGARDING THE VOTING PRIVILEGES OF ALDERMANIC LIAISONS 0-13-60 Endorser Alderman Michael J. Tabacsko ESTABLISHING A 25 M.P.H. SPEED LIMIT ON FORDHAM DRIVE AND OTHER STREETS IN THE SURROUNDING NEIGHBORHOOD 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 Cierk E-Mail: cltyclerkdept@NashuaNH.gov CERTIFICATE OF SUFFICIENCY October 17,2013 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 City Charter 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. As an additional 320 signatures were required, the initial filing was determined to be insufficient. In accordance with the provisions of NH RSA 49-B:3.IV, a Notice of Insufficiency was delivered to the Petitioners' Committee; the Committee notified the City Clerk of its intention to amend the initial filing; and the Committee then filed a supplementary petition. Upon review of the supplementary petition, 452 of 635 signatures appearing on those petition forms were verified. A total of 1,655 voter signatures have now been certified by the City Clerk. Since that number exceeds the minimum required for a petitioned charter amendment question, I find, therefore, that the filing is sufficient to have the question placed before the voters in an upcoming election. This Certificate of Sufficiency 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 are on file in the City Clerk's Office. RSA 49-B:5 requires that "within 10 days of receipt of a report that a petition is sufficient, the municipal officers shall by order provide for a public hearing on the proposed amendment. The notice of the hearing shall be published in a newspaper having general circulation in the municipality at least 7 days prior to the hearing, and shall contain the text of the proposed amendment and a brief explanation. The hearing shall be conducted by the municipal officers or a committee appointed by them. Certificate of Sufficiency Page 1 10/17/2013 Within 7 days after the public hearing, the municipal officers or the committee appointed by them shall file with the municipal clerk a report containing the final draft of the proposed amendment and a written opinion by an attorney admitted to the bar of this state that the proposed amendment is not in conflict with the general laws or the constitution. In the case of a committee report, a copy shall be filed with the municipal officers. Within 7 days after the hearing, the municipal officers shall order the proposed amendment to be placed on the ballot at the next regular municipal election or, in the case of municipalities with biennial elections, at the next regular state biennial election, if such election is held not less than 60 days nor more than 365 days thereafter...." CERTIFICATION WITNESS my hand and the Seal of the said Citv of Nashua. New Hampshire, this 17lh day of October 2013. Attest: STATE OF NEW HAMPSHIRE COUNTY OF HILLSBOROUGH Certificate of Sufficiency Page 2 10/17/2013  Affidavit Regarding the Creation of Petitioners' Committee Pursuant RSA 49-B:5 (Proposed Amendment to the Nashua City Charter) We, the undersigned, Gary 1 loffman. Karen Costura-Hoffman. Maida Latvis. Judith Loftus and Susan Guidici of Nashua, Nil, 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: 1. Gary Hoffman 18 Harbor Avenue Apartment 104 Nashua, Nil 03060 I lillsborough Count}' State of New I lampshire * DATED this t h e ^ ^ a y of , 2013 Signature of A HS? flf/ COMMISSION \ o EXPtfES :Z B \-Z. DKOffiSJJ, tyjm SWORN and subscribed before me, this ^ " ^ d a y % '•% 20« ; /^/¿gy / s My Commission Expires NOTARY PUBLIC Karen Costura-Hoffman 18 Harbor Avenue Apartment 104 Nashua. Nil 03060 1 lillsborough County State oi mate of New iNCvv iI lampsmre lampshire a DATED this the J da> of J y P A * ¿ • m \ . V yW/)\ Signature of Affiant SWORN and subscribed before me, this 9 day ^ f A j A My Commission Expires NO I AR Y PUBLIC a 3. Maida Latvis 9 Manchester Street Nashua, NH 03064 Hillsborough County State of New Hampshire a " . DATED this the f day of fl' ^ ,2013 Signature of Affiant SWORN and subscribed before me, this f _ day / I f A / L* , , 2013 / A - / 7 _ _ My Commission Expires 4. Judith Loftus 4 Dartmouth Street Nashua,Nil 03064 Hillsborough County State of New 1 lampshire DATED this the *4*clay of ,2013 SWORN and subscribed before me, this ¿v day / / ¿ f ^ / t e i t NOTARY PUBLIC M> Commission Expires 1 5. Susan (iuidici. 8 Mahogany Drive Nashua, NH 03062 Hillsborough County State of New 1 lampshire * - . DATED this the g day of / f f # > L , 2013 Signature of Affiant SWORN and subscribed before me, this 9 day A. ,; i , 2013 M ' M - ' - Z - .. 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 increases", 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: In 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 currcnt 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 In accordance with Chapter RSA 49-B:5.ll.a , an additional twenty voters of the City of Nashua have signed this affidavit in the space below. W e, the undersigned registered voters in the City of Nashua, County of Hillsborough, State of New Hampshire the do hereby make oath and attest to the fact that we are registered voters, and have read the Affidavit Regarding the Creation of Petitioners' C'ommittee Pursuant RSA 49-B:5_ (Proposed Amendment to the Nashua City ('harter} and hereby sign this Affidavit as one of the twenty registered voters required by law. 3  Çùorwa/ee ïfozeati MAYOR October 18, 2013 Nashua Board of Aldermen 229 Main Street Nashua, NH 03060 Dear President McCarthy and members of the Board: The purpose of this communication is to provide you with my thoughts relative to Resolution R-13-145. On May 14 of this year, only five months ago, this board voted not to approve the cost items of a proposed Police Supervisors collective bargaining agreement. Those voting against approving the cost items agreed on two things: (1) that they supported the work done by all members of the police department and (2) the cost items of that proposed contract were not consistent with the terms negotiated and approved with other city unions. This board requested that the Police Commission and the Supervisors Union return to the negotiation table to address the objections raised to the percentage of the wage increases for FY 12, 13 and 14 and to return with a collective bargaining agreement more in line with those previously approved by this board. The collective bargaining agreement now before you does not reduce, by even a fraction of a percent, the previously proposed wage increases for FY12, 13 or 14. The educational incentive increase of $250.00 per year has also been retained. Which means in addition to the annual educational incentive payment they have already received (as they have an evergreen clause in their collective bargaining agreement) each member of the union with a college degree (25 out of 32) will receive a lump sum payment of $500.00 upon the signing of this agreement. Additionally they will receive another annual educational incentive payment in December of this year ranging from $500.00 to $1,250.00. The proposed increase of personal days from 4 to 5 days per year was negotiated out. While this is a change between the two proposals, this maintains their current level of days to be used for sick and personal. There are no other employees in the city that have 5 personal days per year. 229 Main Street • PO Box 2019 • Nashua, NH 03061-2019 603.589.3260 • fax 603.594.3450 • NashuaMayor@NashuaNH.gov The proposed contract, which was previously rejected, required the union members to pay the increased health care premiums effective October 1,2011. While this proposed contract maintains that provision, remember that the members of this union have not had to pay any of the increased co-pays and deductibles which the majority of city employees have been paying since October 1, 2011. The only change to the health care article from the previous proposal is instead of fheir wages covering the cost of the retroactive employee premium contribution; this proposal actually contains an additional option for repayment of these contributions by members voluntarily giving up a portion of their accrued sick leave balance. This option allows the union member to "repay" the amount owed to the city since October 1, 2011 in its entirety without a weekly payroll deduction. In summary, this board is being asked to approve exactly the same cost items as it rejected earlier this year. There have been no concessions in the percentage of the wage increases for FY12,13 and 14. Furthermore, there are no concessions made by the union that reduced the cost of the contract for those fiscal years. The annual increase of $250 to the educational incentive remains. They also propose to retroactively pay increased premium costs with sick days that have no cash value to the healthcare program. This in particular is a dangerous precedent to set. Your request that the parties return to the negotiation table and bring the percent of the wage increases in line with other city unions has been ignored. With the exception of adding a fourth year with an additional 2.5% wage increase this is the same collective bargaining agreement that was rejected by this board in May 2013. Even worse, from my perspective, this proposal adds an objectionable option to account for the funds owed to the healthcare program. I encourage this board to reject the cost items of this proposed collective bargaining agreement. Donnalee Lozeau Cc: Budget Review Committee  APPOINTMENTS BY THE MAYOR OCTOBER 22, 2013 Business and Industrial Development Authority Carl Andrade (Reappointment) For a Term to Expire: September 13. 2016 10 Clydesdale Circle Nashua, NH 03062 Downtown Improvement Committee Benjamin Clemons (Reappointment) For a Term to Expire: December 13, 2016 177 Kinsley Street Nashua, NH 03060 Sy Mahfuz (Reappointment) For a Term to Expire: December 13, 2016 227 Main Street Nashua, NH 03060 Ron Lafleur (New Appointment) For a Term to Expire: December 13, 2016 93 West Pearl Street, Apt. 5 Nashua, NH 03060 Nashua Housing Authority Paul Deschenes (Reappointment) For a Term to Expire: October 13, 2018 57 Tyler Street Nashua, NH 03060 Tax Increment Financing Advisory Board Tom Galligani (New Appointment) For a Term to Expire: November 1, 2014 Economic Development Director City of Nashua 229 Main Street Nashua, NH 03060 I respectfully request that these appointments be confirmed. Donnaiee Lozeau Mayor