Aldermen, Board of

AGENDA MEETING OF THE BOARD OF ALDERMEN SEPTEMBER 23, 2014 1. PRESIDENT DAVID W. DEANE CALLS ASSEMBLY TO ORDER 2. PRAYER OFFERED BY CITY CLERK PAUL R. BERGERON 3. PLEDGE TO THE FLAG LED BY ALDERWOMAN PAMELA T. BROWN 4. ROLL CALL 5. REMARKS BY THE MAYOR 6. RESPONSE TO REMARKS OF THE MAYOR 7. RECOGNITIONS R-14-075 Endorsers: Mayor Donnalee Lozeau Board of Aldermen RECOGNIZING AND CONGRATULATING DOMINIQUE BOUTAUD FOR BEING AWARDED A SILVER MEDAL AND DIPLOMA FROM LA SOCIETE ACADEMIQUE ARTS-SCIENCES-LETTRES 8. READING MINUTES OF PREVIOUS MEETING Board of Aldermen .............................................................................. 09/10/14 9. COMMUNICATIONS From: Mayor Donnalee Lozeau Re: Line Item Veto R-14-061 From: Mayor Donnalee Lozeau Re: Veto O-14-027 From: Paul R. Bergeron, City Clerk Re: City Results from State Primary Election PERIOD FOR PUBLIC COMMENT RELATIVE TO ITEMS EXPECTED TO BE ACTED UPON THIS EVENING 10. PETITIONS 11. NOMINATIONS, APPOINTMENTS AND ELECTIONS Appointment of Timothy Lavoie to the Capital Equipment Reserve Fund  Tabled 8/12/ 14 12. REPORTS OF COMMITTEE Budget Review Committee ................................................................. 09/15/14 Finance Committee............................................................................. 09/03/14 13. WRITTEN REPORTS FROM LIAISONS 14. CONFIRMATION OF MAYOR'S APPOINTMENTS ANTICIPATED FROM PERSONNEL/ ADMINISTRATIVE AFFAIRS MTG OF 9/22/14 Nashua Airport Authority Sandra Adams (New Appointment) Term to Expire: August 31, 2017 5 Scarborough Drive Nashua, NH 03063 Richard Moushegian (Reappointment) Term to Expire: August 31, 2019 78 Tennyson Avenue Nashua, NH 03062 Planning Board Suneela Mistry, Alternate (New Appointment) Term to Expire: March 31, 2017 15 Wild Rose Drive Nashua, NH 03063 Review and Comment Commission John Cepaitis (New Appointment) Term to Expire: December 31, 2015 16 Shakespeare Road Nashua, NH 03062 UNFINISHED BUSINESS – RESOLUTIONS R-14-052 Endorsers: Mayor Donnalee Lozeau Alderman Richard A. Dowd AUTHORIZING THE MAYOR AND CITY TREASURER TO ISSUE BONDS NOT TO EXCEED THE AMOUNT OF SEVEN HUNDRED FIFTY THOUSAND DOLLARS ($750,000) FOR THE PURCHASE OF A CITYWIDE TELECOM SYSTEM INCLUDING BOTH THE CONSULTANT PHASE AND EQUIPMENT  Budget Review Committee Recommends: Final Passage R-14-056 Endorsers: Alderman-at-Large Lori Wilshire Alderman-at-Large Brian S. McCarthy Alderman-at-Large Diane Sheehan Alderman Richard A. Dowd AUTHORIZING THE MAYOR AND CITY TREASURER TO ISSUE BONDS NOT TO EXCEED THE AMOUNT OF SIX MILLION DOLLARS ($6,000,000) FOR THE SECOND AND THIRD PHASE OF THE RADIO COMMUNICATIONS UPGRADE  Tabled – 9/10/14; Special BOA scheduled for 9/29/14 at 7:00 p.m. in Aldermanic Chamber R-14-064 Endorser: Mayor Donnalee Lozeau RELATIVE TO THE RE-APPROPRIATION OF FISCAL YEAR FY2015 ESCROWS  Budget Review Committee Recommends: Final Passage as Amended R-14-074 Endorser: Mayor Donnalee Lozeau ESTABLISHING THE USE OF FUND BALANCE FOR TAX RATE  Budget Review Committee Recommends: Final Passage R-14-061 Endorsers: Alderman-at-Large Lori Wilshire Alderman Michael Soucy Alderman-at-Large Diane Sheehan APPROVING THE COST ITEMS OF A COLLECTIVE BARGAINING AGREEMENT BETWEEN THE NASHUA BOARD OF POLICE COMMISSIONERS AND NASHUA PATROLMAN’S ASSOCIATION FROM JULY 1, 2011 THROUGH JUNE 30, 2018 AND RELATED TRANSFERS  Vetoed UNFINISHED BUSINESS – ORDINANCES O-14-027 Endorsers: Alderman-at-Large Jim Donchess Alderman-at-Large Lori Wilshire Alderman Ken Siegel Alderman Michael Soucy Alderman-at-Large Diane Sheehan Alderman-at-Large David W. Deane REGARDING NOTIFICATION TO THE FINANCE COMMITTEE OF POLICE AND FIRE DEPARTMENT PURCHASING REQUESTS  Vetoed NEW BUSINESS RESOLUTIONS NEW BUSINESS – ORDINANCES PERIOD FOR GENERAL PUBLIC COMMENT REMARKS BY THE MEMBERS OF THE BOARD OF ALDERMEN Committee announcements: ADJOURNMENT  3konna/ee l£ozeau MAYOR September 16,2014 Paul Bergeron, City Cleric City Clerk's Office 229 Main Street Nashua, NH 03060 Re: Line Item Veto R-14-061 Dear Mr, Bergeron: I am exercising my veto power, as authorized by Charter § 47, in regard to R-14-061, which approves the cost items of the Nashua Police Patrolman's collective bargaining agreement. I have addressed on several occasions my concerns regarding a number of cost items in this contract. I stand by my concerns outlined in the letter I sent to the Board August 12,2014. While the price of this collective bargaining agreement exceeds what the city has budgeted for this contract I recognize that the Board of Aldermen wants to move forward and that there is a benefit to bringing negotiations to a close. However, it should not be done at any cost. I cannot permit a provision to go into effect that allows 57 of the 137 member bargaining unit to avoid the actual cost of paying back their health care premium increases (after the application of retroactive wage increases) using accrued sick or vacation leave. No other city employee utilizing a city healthcare plan had this opportunity. If sick time is selected, as it most likely will be, to pay for the remaining retroactive healthcare costs, those members will still have ample opportunity to accrue and receive upon retirement the maximum allowable payout for accrued sick leave (120 days). In the end, it will cost these 57 employees nothing to "pay off" their remaining health care premiums while other, less well paid, city employees paid for their increased premiums with weekly wage deductions. This board has recognized, up to now, that all our employees should share the same cost when utilizing the city healthcare plans. It was the fair thing to do and it remains the only fair way to address this issue. Since 2011 when a majority of employees were willing to cooperate and make the changes we requested by paying a greater share of healthcare premiums along with added deductibles and co-pays, I have assured them that I would not accept any contracts that did not require all employees to share the same costs. I cannot now 229 Main Street • PO Box 2019 • Nashua, NH 03061-2019 603.589.3260 * fax 603.5943450 • NashuaMayor@NashuaNH.gov allow without action, this one group to escape the same costs, particularly when the proposed contract before us contains a number of additional costly increases. Therefore, after a great deal of thought and consideration, I hereby veto the following cost item contained in Article 16 of the proposed Nashua Police Patrolman's collective bargaining agreement as indicated by strikethrough below: "Any amount of increased health insurance premium contributions due retroactivity from an employee shall be paid, in the first instance, by deducting the amount due from the employee's retroactive wage increases for FY 12, FY 13, FY 14 and FY 15. Should there remain any balance on the increased health insurance premium contributions due retroactively from the employee that balance shall be paid fey reducing either the employee's sick or vacation leave-accruals during the remaining term of this agreement" Respectfully submitted. cc: Board of Aldermen Police Commissioners Chief John Seusing  ^Dorma/ee Ißozeau MAYOR September 17,2014 Paul Bergeron, City Clerk City Clerk's Office 229 Main Street Nashua, NH 03060 Re: Veto O-l 4-027 Dear Mr. Bergeron: I am exercising my veto power, as authorized by Charter § 47, in regard to O-l 4-027, Regarding Notification to the Finance Committee of Police and Fire Department Purchasing Requests. In short, this ordinance does not address any ongoing problem with the purchasing process and it places additional, unnecessary administrative burdens on the Purchasing Department. The current process works quite well in that each department, including Police and Fire, simplyfillsout a "Request to Include on Finance Committee Agenda Form" and forwards the form and supporting information to the Purchasing Department. If the submittal is deemed to be in compliance with purchasing requirements, the Purchasing Manager along with the Chief Rnancial Officer approves the request and forwards it to the Mayor for review and signature. When all signatures are obtained, the item is placed on the Finance Committee Agenda for final review and approval. During the purchasing process, there is ample opportunity for discussion between the requesting department and the Purchasing Department when questions or issues arise. This ordinance requires advance notification to the Finance Committee members BEFORE the Purchasing Manager, CFO and Mayor have had the opportunity to perform their due diligence review of the proposed purchase. This proposed change runs counter to the orderly conduct of city business and expectations of all city departments and divisions and will disrupt an existing process that has been in place and effective for a number of years. Respectfully submitted, 229 Main Street • PO Box 2019 • Nashua, NH 03061-2019 603.589.3260 • fax 603.594.3450 • NashuaMayor@NashuaNH.gov  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 Memorandum To: Board of Aldermen From: Paul R. Bergeron, City Clerk (¡¡^ Re: City Results from State Primary Election Date: September 19,2014 A summary of the votes cast in the City of Nashua during the State Primary Election held on Tuesday, September 9, 2014, are attached. These are the official results released by the Secretary of State's Office. A statewide summary of results is available online at: http://sos.nh.eov/2014PrimResults,aspx. Statewide, 19.18% of all registered voters cast ballots. The Secretary of State had predicted a turnout of 20%. In Nashua, 8,424 of the City's 50,671 voters cast ballots - a turnout of 16.62%. 2.4 Republican ballots were cast in Nashua for every Democratic ballot. Statewide, the ratio was 2.8 Republican ballots cast for every Democratic ballot. The City relocated three of its polling locations for the September Primary Election. Ward 1 voters cast ballots at Birch Hill Elementary School; Ward 3 ballots cast ballots at the First Baptist Church on Manchester Street; and Ward 5 voters cast ballots at CrossWay Christian Church on Main Dunstable Road. Interestingly, the wards with the highest voter turnouts were Wards 1, 3 and 5 with 21.73%, 19.91% and 18.38%, respectively, of the voters casting ballots. During election day, we received a number of constructive comments and suggestions from voters relative to poll arrangments and parking at the new polling locations, and we will do our best to implement those ideas for November's State General Election. Wards 3 and 5 also served as pilot sites for a handicap accessible voting system which may offer better ease of use and greater flexibility in installation versus the current system which requires access to a hard-wired fax line. Staff from the University of Florida were on site last week to provide support for Prime III, a self-contained electronic voting system. Reports on the use of the device were very favorable, and the few negative comments received can easily be addressed going forward. I would like to express my appreciation to the schools that host our polling places, to the folks at First Baptist Church and CrossWay Christian Church who offered the use of their facilities for voting purposes, to the public works crews that assist in setting up and tearing down the polls, to the Mayor and Board of Aldermen for their support, and to all of our elected and appointed election officials. Our voting process would not run smoothly without their dedication. City of Nashua, NH 9/9/14 Includes write-in candidates who received at least 3S votes (R5A 659:88) Official results, State Primary Election, Wards 1 - 9 Republican Total 1 2 3 Governor 26 30 252 33 20 45 19 17 Daniel J. Greene 43 19 312 427 408 3588 429 453 160 539 228 Walt Havenstein 632 1697 255 136 169 190 170 275 220 198 84 Andrew Hemingway 10 21 112 9 8 11 10 7 Jonathan Smolin 19 17 5649 United States Senator 2 1 0 29 3 2 3 8 2 Gerard Beloin 8 3404 481 205 280 454 389 640 395 417 143 Scott P. Brown 1 2 16 0 2 1 0 3 Robert D'Arcy 3 4 1 0 0 6 23 3 3 5 4 1 Miro Dziedzic 3 1 23 2 4 3 1 0 Mark W. Farnham 4 5 0 4 4 5 28 4 3 4 2 2 Bob Heghmann 6 6 62 4 2 9 5 11 Walter W. Kelly 9 10 3 5 3 2 29 3 0 3 0 10 Andy Martin 109 119 1008 121 44 131 79 84 Jim Rubens 176 145 119 124 103 112 1205 159 134 157 73 224 Bob Smith 5827 Representative in Congress 311 268 2404 100 364 159 204 Marilinda Garcia 441 334 223 177 220 266 250 2287 347 239 374 114 300 Gary Lambert 64 94 873 99 42 163 56 73 Jim Lawrence 174 108 12 9 11 23 140 18 18 11 10 28 Mike Little 5704 Executive Councilor 219 238 1903 85 237 112 152 Steve Hattamer 366 240 254 517 241 290 342 315 3137 514 379 382 157 Dave Wheeler 5040 Page 8 of 8 City of Nashua, NH 9/9/14 Official results, State Primary Election, Wards 1 - 9 State Senator 1 2 3 Kevin A. Avard - District 12 611 314 Michael McCarthy - District 12 297 315 Doris Hohensee - District 13 .. . . . . 4 8 7 Sheriff James A. Hardy 748 527 485 County Attorney Dennis Hogan 741 540 502 County Treasurer Lynda Bennett 185 130 126 David G. Fredette 508 352 363 Sean W. Thomas 109 90 67 Register of Deeds Pamela D.Coughlin 365 285 264 Mary Ann Crowell 195 96 87 Howard D. Coffman 156 135 153 Register of Probate Joseph Kelly Levasseur 678 502 448 County Commissioner Sandra Ziehm 711 517 481 State Representatives 3 nominated per ward 1 Carl W. Seidel 663 Eric R. Eastman 473 Elizabeth Ferreira 505 Includes write-in candidates who received at least 35 votes (RSA 659:88) 4 5 6 7 8 9 Total 423 1348 353 ,....,.. „ 965 193 290 353 454 435 2217 208 672 301 392 459 482 4274 212 653 300 385 455 470 4258 56 146 61 99 112 99 1014 129 502 218 240 325 336 2973 38 87 54 65 58 71 639 113 323 154 155 248 240 2147 39 172 71 98 109 124 991 53 161 69 125 77 98 1027 197 625 273 345 414 443 3925 201 635 288 368 448 428 4077 Page 2 of 8 City of Nashua, NH 9/9/14 Official results, State Primary Election, Wards 1 - 9 State Representatives 3 nominated per ward Peggy McCarthy 400 Donald B. McClarren 372 Kenneth E. Ziehm II 346 Write-in: Lisa Scontsas Write-in: Jeffrey Creem Write-in: Howard Coffman Elizabeth Van Twuyver Write-in: Alicen Hogan Write-in: Austin Hogan Don LeBrun David Murotake Barry Palmer James Summers Michael Reed Troy Saunders Ron Simoneau Duane Erickson Douglas Habecker Edith Hogan Timothy Twombly Ronald G. Brophy II Ed Stebbins Includes write-in candidates who received at least 35 votes (RSA 659:88) 4 203 43 37 5 547 520 323 263 6 213 191 218 7 226 161 232 290 8 303 422 Page 9 of 8 City of Nashua, NH 9/9/14 Official results, State Primary Election, Wards10- 9 5tate Representatives 3 nominated per ward 1 2 Will Brown Joseph F. Krasucki Barbie Mahoney Bill Ohm Paul Pakenham Delegates to State Conv. 2 elected in Ward 4; 3 each in Wards 1 - 3 and 5 - 9 1 2 Bob Duffy 363 Elizabeth Ferreira 419 Marie Muller 290 Carl W. Seidel 581 Shumei Yin 170 2 Daniel E. Hogan 431 Bill Horn 336 Jennifer Horn 469 Cathy Clair John Clair Howard D. Coffman Rita Costanzi Jeffrey Creem Paul Harrington Janet M. Heitmiller Richard F. Heitmiller Elizabeth Van Twuyver Includes write-in candidates who received at least 35 votes (R5A 659:88) 9 216 242 170 394 125 Page 4 of 8 City of Nashua, NH 9/9/14 Official results, State Primary Election, Wards 1 - 9 Includes write-in candidates who received at least 35 votes (R5A 659:88) Delegates to State Conv. 2 elected in Ward 4; 3 each in Wards 1 - 3 and 5 - 9 1 2 5 David G. Fredette 545 David Murotake 541 Kathryn E. Peterson 447 6 Michael Reed 233 Greg Surbey 210 7 Edward Chaszar 92 Edith Hogan 255 Beth Scaer 96 Linda M. Twombly 229 Timothy Twombly 295 8 Albert C. Cernota 264 Andrew P. Cernota 244 Roberta M. Cernota 236 Dave MacLaughlin 404 9 Joan M. Donahue 227 James T. Lockwood 223 Daniel T. Moriarty 345 Karen Thoman 206 Paul Thoman 201 Page 8 of 8 City of Nashua, NH 9/9/14 Official results, State Primary Election, Wards 1 - 9 Democratic 1 2 3 4 5 6 7 8 9 Total Governor Ian Freeman 15 11 15 6 10 8 18 11 13 107 Maggie Hassan 357 227 318 139 272 157 230 259 235 2194 Clecia Terrio 6 2 3 1 8 3 5 8 4 40 2341 United States Senator Jeanne Shaheen 358 221 311 140 277 156 239 263 235 2200 Representative in Congress Ann McLane Kuster 329 208 300 136 264 139 223 250 213 2062 Executive Councilor Jennifer Daler 99 94 110 49 71 50 67 93 80 713 Diane Sheehan 257 125 218 92 211 112 165 165 162 1507 2220 State Senator 1 2 3 4 5 6 7 8 9 Totai Peggy Gilmour 357 218 286 861 Bette R. Lasky 307 139 152 229 261 233 1321 Sheriff Bill Barry 313 203 281 126 247 148 199 223 207 1947 County Attorney Patricia M. LaFrance 325 205 292 132 249 156 217 232 210 2018 County Treasurer Theodore Groh 316 193 279 126 241 14B 200 225 206 1934 Page 8 of 8 City of Nashua, NH 9/9/14 Official results, State Primary Election, Wards14- 9 Register of Deeds 1 2 3 Louise Wright 319 198 282 Register of Probate Elizabeth Kulig 322 197 276 County Commissioner Teresa Moler 321 201 280 State Representatives 3 nominated per ward 1 2 3 Sylvia E. Gale 267 Jan Schmidt 272 Thomas D. Woodward 262 2 Suzanne Mercier Vail 143 Suzanne Harvey 186 Ward T. Shaff 127 3 Alan Cohen 206 MariellenJ. MacKay 220 Cindy Rosenwald Pamela T. Brown . a 283 David E. Cote Mary J. Gorman Raymond P. Labrecque Rita Gail MacAuslan Michael Pedersen  4 5 6 7 8 9 Total 132 249 159 205 230 203 1977 128 245 152 201 224 205 1950 129 246 159 200 230 207 1973 8 4 81 102 112 5 193 174 202 Page 7 o f 8 City of Nashua, NH 9/9/14 Official results, State Primary Election, Wards 1 - 9 State Representatives 3 nominated per ward 1 2 3 4 5 6 7 8 9 Efstathia C. Booras 114 Ken Gidge 134 LeeGuerette ... ...... ,,.. , ... _ HO _-,._. „ ,f . - _— 7 Michael Alexander Garcia 78 Allison Nutting 169 John Paolillo 58 186 Timothy Soucy , 1 —• *—— 8 Daniel C. Hansberry 181 Donald T. Jean 160 Latha Mangipudi 228 9 Linda C. Harriott-Gathright 170 Marty Jack 169 Michael B. O'Brien, Sr. „, ,. • . 19 2 1 2 3 4 5 6 7 8 9 Total Ballots Cast-Republican 1036 720 735 286 894 420 533 695 659 5978 Ballots Cast - Democratic 393 245 349 157 304 178 273 286 261 2446 Ballots Cast-Total 1429 965 1084 443 1198 598 806 981 920 8424 Voter Registration-Ending 6576 5842 5444 3941 6518 5160 5026 5994 6170 50671 Turnout Percentage 21.73% 16.52% 19.91% 11.24% 18.38% 11.59% 16.04% 16.37% 14.91% 16.62% Same Day Voter Registration 50 47 42 30 39 18 28 45 16 315 Absentee Ballots Cast 43 31 43 17 35 18 33 45 26 291 Page 8 of 8