Aldermen, Board of

A regular meeting of the Board of Aldermen was held Tuesday, October 28, 2014, at 7:30 p.m. in the Aldermanic Chamber. President David W. Deane presided; City Clerk Paul R. Bergeron recorded. Prayer was offered by City Clerk Paul R. Bergeron; Alderman Siegel led in the Pledge to the Flag. The roll call was taken with 15 members of the Board of Aldermen present. Mayor Donnalee Lozeau and Corporation Counsel Stephen M. Bennett were also in attendance. REMARKS BY THE MAYOR Mayor Lozeau I would just take a moment to mention the First Annual Gate City Fall Festival that we had last Saturday and thank all the city employees and all the volunteers on the committee who did so much work to make that such a successful event. We had more than 50 organizations participate in the parade. We had over 200 kids in costumes. We had more people in the parade than watching the parade, but we think that next year that will get better as the audience understands it. We also had people that went to the wrong place to watch the parade because they didn’t realize it was going in the other direction. There was some interesting things that occurred. Holman Stadium, the events that day in the stadium were great. I’d like to thank the aldermen and school board members that joined with me to watch the parade from the Firemen’s Monument. I think we really had some fun. I just wanted to reach out and tell everybody that it went terrific, and I look forward to next year’s event. Thank you for your kind attention. RESPONSE TO REMARKS OF THE MAYOR – None RECOGNITION PERIOD – None READING MINUTES OF PREVIOUS MEETINGS MOTION BY ALDERMAN McCARTHY THAT THE MINUTES OF THE BOARD OF ALDERMEN MEETING OF OCTOBER 13, 2014, AND OCTOBER 14, 2014, BE ACCEPTED, PLACED ON FILE AND THE READINGS SUSPENDED MOTION CARRIED COMMUNICATIONS MOTION BY ALDERMAN CHASSE THAT THE RULES BE SO FAR SUSPENDED AS TO ALLOW FOR THE ACCEPTANCE OF A COMMUNICATION FROM MR. CUTTER AND PLACE IT ON FILE MOTION CARRIED PERIOD FOR PUBLIC COMMENT RELATIVE TO ITEMS EXPECTED TO BE ACTED UPON THIS EVENING – None PETITIONS Petition for Street Discontinuance – A Portion of Hughey Street MOTION BY ALDERMAN DONCHESS TO ACCEPT THE PETITION FOR STREET DISCONTINUANCE ASSIGN IT TO THE COMMITTEE ON INFRASTRUCTURE AND THE NASHUA CITY PLANNING BOARD AND THAT A PUBLIC HEARING BE SCHEDULED FOR WEDNESDAY, DECEMBER 10, 2014, AT 7:00 PM IN THE ALDERMANIC CHAMBER MOTION CARRIED Bd. of Aldermen – 10/28/14 Page 2 NOMINATIONS, APPOINTMENTS AND ELECTIONS Joint Convention with the Woodlawn Cemetery Board of Trustees MOTION BY ALDERMAN CHASSE THAT THE BOARD OF ALDERMEN MEET IN JOINT CONVENTION WITH THE WOODLAWN CEMETERY BOARD OF TRUSTEES FOR THE PURPOSE OF ELECTING TWO TRUSTEES MOTION CARRIED President Deane called for nominations. Trustee Niles Jensen nominated Howard Frizzell and Daniel Buslovich for five-year terms to expire March 31, 2019 MOTION BY ALDERMAN CARON TO CLOSE THE NOMINATIONS MOTION CARRIED A Viva Voce Roll Call vote was taken on the appointment of Howard Frizzell and Daniel Buslovich to the Woodlawn Cemetery Board of Trustees for terms to expire March 31, 2019, which resulted as follows: Yea: Alderman McCarthy, Alderman Dowd, Alderman Schoneman Alderman Chasse, Alderman Caron, Alderman McGuinness Alderman Sheehan, Alderman Soucy, Alderman Donchess Alderman Moriarty, Alderman Siegel, Alderwoman Melizzi-Golja Alderwoman Brown, Alderman Wilshire, Alderman Deane Daniel Buslovich, Dana Farwell, Charles Farwell, Jr. Niles Jensen, Jr., Michael McLaughlin, Mayor Lozeau 21 Nay: 0 MOTION CARRIED President Deane declared Howard Frizzell and Dan Buslovich duly appointed to the Woodlawn Cemetery Board of Trustees for terms to expire March 31, 2019. Oath of Office administered by Corporation Counsel Stephen Bennett to Daniel Buslovich MOTION BY ALDERMAN CHASSE THAT THE CONVENTION NOW ARISE MOTION CARRIED Appointment of Timothy Lavoie to the Capital Equipment Reserve Fund  Tabled 8/12/ 14 REPORTS OF COMMITTEE Finance Committee ............................................................................ 10/15/14 There being no objection, President Deane declared the report of the October 15, 2014 Finance Committee accepted and placed on file. Human Affairs Committee .................................................................. 10/16/14 There being no objection, President Deane declared the report of the October 16, 2014 Human Affairs Committee accepted and placed on file. Bd. of Aldermen – 10/28/14 Page 3 Committee on Infrastructure ............................................................... 10/08/14 There being no objection, President Deane declared the report of the October 8, 2014 Committee on Infrastructure accepted and placed on file. MOTION BY ALDERMAN DONCHESS THAT THE RULES BE SO FAR SUSPENDED AS TO ALLOW FOR AN ORAL REPORT OF THE COMMITTEE ON INFRASTRUCTURE MEETING OF OCTOBER 22, 2014, WITH RESPECT TO RESOLUTION R-14-084 AND ORDINANCE O-14-008 MOTION CARRIED Alderman Donchess R-14-084 renames a small portion of Grand Avenue next to the Boys and Girls Club “Positive Place.” After receiving testimony from a number of the members of the club and I think one staff member, the committee recommended the ordinance for final passage. There wasn’t too much discussion. Everybody thought it was a good idea. The resolution was recommended for final passage. O-14-008 authorizes free holiday parking in the downtown. The committee amended that to provide that the no fee parking be only in Zone III including the metered spaces in the two parking garages and with very limited discussion approved the amendment and then recommended the amended ordinance for final passage. We had over time received quite a bit of input regarding particularly Zones I and II and based upon some reservations about those zones we decided to amend it to include only Zone III. Alderman Sheehan If I could just add we said although we were amending it, we wanted to make sure there was a real need to identify what zone three was in a way that people driving there would be able to recognize it so there wasn’t any disappointment when they parked incorrectly. President Deane The discussion hinged around making sure it was properly posted so people understood where it was. Alderman McCarthy Is there an amended fiscal analysis that shows what the revenue loss will be from passing this? Alderman Donchess No, but neither does it show the increased revenue which will result to the downtown merchants as a result of the change. Alderman McCarthy Our ordinances actually require that we have a fiscal analysis that shows the cost of the legislation. Alderman Wilshire I’m a little surprised that the oral report did not include Resolution 14-065, which was the purchase and acquisition of 11-13 Mulberry Street. President Deane There was an extended amount of debate on that and the minutes weren’t completed. These two items that I had spoken to Ms. Lovering about, I didn’t have a problem with putting on the agenda. Without the minutes completed and with a lot of our colleagues not there, and me not knowing whether they had watched the meeting or listened to the tape, I didn’t think it was appropriate to put it on the agenda. If you Bd. of Aldermen – 10/28/14 Page 4 would like to suspend the rules and bring that piece of legislation up, you can feel free to do so. That’s why. Basically oral reports, since my time, has been given on smaller items that we dealt with. That was a decision I made. Okay? Alderman Wilshire No, but okay President Deane Well you have the opportunity to do something about it if you’d like to. There being no objection, President Deane declared the oral report accepted and placed on file. WRITTEN REPORTS FROM LIAISONS – None CONFIRMATION OF MAYOR'S APPOINTMENTS – None UNFINISHED BUSINESS – RESOLUTIONS R-14-068 Endorsers: Mayor Donnalee Lozeau Alderman-at-Large Lori Wilshire Alderman-at-Large Diane Sheehan Alderwoman Mary Ann Melizzi-Golja Alderman Michael Soucy Alderman Ken Siegel Alderman June M. Caron Alderman Richard A. Dowd RELATIVE TO THE ACCEPTANCE AND APPROPRIATION OF $53,594 FROM THE UNITED STATES DEPARTMENT OF JUSTICE INTO POLICE GRANT ACTIVITY “2014 JUSTICE ASSISTANCE GRANT (MULTI-JURISDICTIONAL)” Given its second reading; MOTION BY ALDERMAN WILSHIRE FOR FINAL PASSAGE OF R-14-068 MOTION CARRIED Resolution R-14-068 declared duly adopted. R-14-076 Endorsers: Mayor Donnalee Lozeau Alderman-at-Large Lori Wilshire Alderman-at-Large Diane Sheehan Alderwoman Pamela T. Brown Alderwoman Mary Ann Melizzi-Golja Alderman June M. Caron Alderman Richard A. Dowd Alderman Ken Siegel RELATIVE TO THE ACCEPTANCE AND APPROPRIATION OF $50,000 FROM THE STATE OF NEW HAMPSHIRE, DEPARTMENT OF SAFETY INTO POLICE GRANT ACTIVITY - “HOMELAND SECURITY IED TRAINING GRANT” Given its second reading; MOTION BY ALDERMAN SHEEHAN FOR FINAL PASSAGE OF R-14-076 MOTION CARRIED Bd. of Aldermen – 10/28/14 Page 5 Resolution R-14-076 declared duly adopted. R-14-077 Endorsers: Mayor Donnalee Lozeau Alderman-at-Large Lori Wilshire Alderman-at-Large Diane Sheehan Alderwoman Pamela T. Brown Alderwoman Mary Ann Melizzi-Golja Alderman June M. Caron Alderman Richard A. Dowd Alderman Ken Siegel Alderman Michael Soucy RELATIVE TO THE ACCEPTANCE AND APPROPRIATION OF UP TO $350,000 FROM THE NEW HAMPSHIRE DEPARTMENT OF SAFETY-HOMELAND SECURITY GRANT PROGRAM FOR REIMBURSEMENT OF OVERTIME AND BACKFILL COSTS ASSOCIATED WITH SPECIALIZED TRAINING Given its second reading; MOTION BY ALDERMAN CARON FOR FINAL PASSAGE OF R-14-077 MOTION CARRIED Resolution R-14-077 declared duly adopted. R-14-080 Endorsers: Mayor Donnalee Lozeau Alderman-at-Large Lori Wilshire Alderwoman Pamela T. Brown Alderwoman Mary Ann Melizzi-Golja Alderman-at-Large Diane Sheehan RELATIVE TO THE APPROVAL OF A SUBGRANT FROM THE CITY OF NASHUA TO THE TOWN OF HUDSON OF $100,000 FROM NASHUA’S BROWNFIELDS CLEANUP FUND Given its second reading; MOTION BY ALDERWOMAN MELIZZI-GOLJA FOR FINAL PASSAGE OF R-14-080 ON THE QUESTION Alderman Siegel I just wanted to note for the record, for those watching, that this does not represent a taxpayer of Nashua paid subsidy for the Town of Hudson. This is a transfer of a federal grant from one entity to another. It’s not one that we were using that they are making good use of for a child’s ball field. President Deane It’s my understanding it’s the Zachary Thompkins Field over in Hudson. This money is going to be used to help with that cleanup. MOTION CARRIED Resolution R-14-080 declared duly adopted. Bd. of Aldermen – 10/28/14 Page 6 R-14-084 Endorser: Alderwoman Pamela T. Brown RENAMING A PORTION OF GRAND AVENUE AS POSITIVE PLACE Given its second reading; MOTION BY ALDERWOMAN BROWN FOR FINAL PASSAGE OF R-14-084 ON THE QUESTION Alderman Donchess A number of people from the club came and spoke in favor of this resolution. It covers only the section of Grand Avenue west of Seventh. It’s the section that has only the Boys and Girls Club as an address. The members did a really good job and explained why this would help the club and would reinforce the message that the Club has: that it is a very positive experience for the kids who participate. I think everyone on the committee was very favorably disposed and voted unanimously to recommend final passage of the resolution. Alderwoman Brown I’d like to just mention that the young teens that spoke before us, several of them, had actually approached Mr. Maryanski, the director of teen services and really put together a document, an essay, describing why they would like the address of the Boys and Girls Club to be renamed to One Positive Place. They did a fine job. Thank you. MOTION CARRIED Resolution R-14-084 declared duly adopted. UNFINISHED BUSINESS – ORDINANCES O-14-008 Endorsers: Alderman-at-Large Jim Donchess Alderman-at-Large Daniel T. Moriarty Alderman David Schoneman Alderman Sean M. McGuinness Alderwoman Pamela T. Brown Alderwoman Mary Ann Melizzi-Golja Alderman-at-Large Diane Sheehan AUTHORIZING FREE HOLIDAY PARKING AT METERS IN ZONES I, II AND III FROM DECEMBER 10, 2014 THROUGH DECEMBER 26, 2014 Given its second reading; MOTION BY ALDERMAN DONCHESS TO AMEND O-14-008 IN ITS ENTIRETY BY REPLACING IT WITH THE GOLDEN ROD COPY PROVIDED WITH THE AGENDA ON THE QUESTION Alderman Donchess The ordinance as originally proposed provided free or no fee parking in all zones in the downtown. The amendment provides for the free parking in Zone III and the metered spaces in the parking garages which I think are part of Zone III but we included that language just to make it clear what was being specified. Bd. of Aldermen – 10/28/14 Page 7 Alderman Siegel This will have a fiscal impact on this fiscal year, is that correct? President Deane Yes it will. Alderman Siegel Is the Downtown Improvement Committee money calculated based on this fiscal year? I know its calculated year-end. We have a different year than they do. Alderman McCarthy This will in fact impact the calendar year calculation which is what determines next year’s budget number for the Downtown Improvement Committee. Alderman Siegel That’s not relative to this fiscal year because that’s already been calculated. Is that correct? This legislation which removes parking revenue would impact next fiscal year’s calculation of the Downtown Improvement Committee allocation. Is that what I’m hearing? Alderman McCarthy Correct. MOTION CARRIED MOTION BY ALDERMAN DONCHESS FOR FINAL PASSAGE OF O-14-008 AS AMENDED MOTION BY ALDERMAN MCCARTHY TO POSTPONE UNTIL THE NOVEMBER 11, 2014, MEETING SO THE FISCAL ANALYSIS CAN BE PREPARED ON THE QUESTION Alderman Chasse Is that mandatory? President Deane It’s in our ordinances. Alderman Donchess Can we make it clear who is going to do the fiscal analysis just to make sure it gets can by the 11th? President Deane I would imagine Mr. Griffin would handle that. Mayor Lozeau I’ll take care of making sure it gets done. Bd. of Aldermen – 10/28/14 Page 8 Alderman Donchess Thank you. MOTION CARRIED Ordinance O-14-008 postponed NEW BUSINESS RESOLUTIONS R-14-086 Endorser: Alderwoman Mary Ann Melizzi-Golja AUTHORIZING A MODEL OFFICE LEASE FOR THE HUNT MEMORIAL BUILDING AND THE HUNT MEMORIAL BUILDING BOARD OF TRUSTEES TO LEASE OFFICE SPACE USING THE MODEL LEASE WITHOUT FURTHER APPROVAL OF THE BOARD OF ALDERMAN FOR FIVE YEARS Given its first reading; assigned to the FINANCE COMMITTEE by President Deane R-14-087 Endorsers: Mayor Donnalee Lozeau Alderman-at-Large Lori Wilshire Alderman-at-Large Diane Sheehan RELATIVE TO THE ACCEPTANCE AND APPROPRIATION OF $300,000 FROM THE U.S. ENVIRONMENTAL PROTECTION AGENCY INTO COMMUNITY DEVELOPMENT GRANT ACTIVITY – “BROWNFIELDS CLEANUP REVOLVING LOAN FUND PROGRAM” Given its first reading; assigned to the HUMAN AFFAIRS COMMITTEE by President Deane R-14-088 Endorsers: Mayor Donnalee Lozeau Alderman-at-Large Lori Wilshire Alderman-at-Large Diane Sheehan RELATIVE TO THE ACCEPTANCE AND APPROPRIATION OF A $3,400,000 LEAD-BASED PAINT HAZARD CONTROL GRANT FROM THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT Given its first reading; assigned to the HUMAN AFFAIRS COMMITTEE by President Deane R-14-089 Endorser: Mayor Donnalee Lozeau RELATIVE TO THE TRANSFER OF $15,000 FROM PRIOR YEAR ESCROWS – ECONOMIC DEVELOPMENT - BIDA APPRAISAL INTO DPW PROJECTS ACTIVITY “EAST HOLLIS STREET GATEWAY IMPROVEMENT PROJECT” Given its first reading; assigned to the BUDGET REVIEW COMMITTEE by President Deane NEW BUSINESS – ORDINANCES O-14-032 Endorser: Alderwoman Pamela T. Brown ESTABLISHING A HANDICAPPED PARKING SPACE IN FRONT OF 66 ASH STREET Given its first reading; assigned to the COMMITTEE ON INFRASTRUCTURE by President Deane O-14-033 Endorser: Alderman-at-Large David W. Deane ESTABLISHING THE UNNAMED STREET BETWEEN PEARSON AVENUE AND PARK STREET AS A ONE-WAY STREET IN A SOUTHERLY DIRECTION Given its first reading; assigned to the COMMITTEE ON INFRASTRUCTURE by President Deane Bd. of Aldermen – 10/28/14 Page 9 PERIOD FOR GENERAL PUBLIC COMMENT Jim Cutter, 86 Palm Street. Dear President Deane, It took over a year for the DPW to return on September 4, 2014 with no parking sign opposite our driveway to comply with Ordinance O-00-24. Then removed it five days later per order of Mayor Lozeau because of a complaint. That is when I found out someone had failed to notify our family Ordinance O-00-24 had been repealed by Ordinance O-12-025 due to a new street design. The new design adds a tree, crosswalk no one uses, speed hump that does not slow traffic and bike path that drivers use for a speed land. I ask how can a crosswalk, speed hump and tree have anything to do with our driveway when they are 100 feet away? Ordinance O-00-24 was passed to ensure we at 86 Palm Street have free movement going in and out of our driveway. And with about 12 years with the no parking sing in front of 85-87 Palm Street it is grandfathered based on circumstances previously existing. Time is of the essence because snow and icy conditions will be here soon when it is difficult to install a sign. So in all due respect to Mayor Lozeau, we would like her to give us the same response as she gave Barbara Alves’ complaint and order the no parking sign replaced immediately. REMARKS BY THE MEMBERS OF THE BOARD OF ALDERMEN President Deane Your motion, Alderman McCarthy, to postpone until 11-November, that’s Veterans Day. City Hall is closed and our meeting has been moved to the 12th by our NROs. Do you want to reconsider your motion since you voted on the prevailing side and amend it to the 12th? Alderman McCarthy I would contend that by our ordinances which moved the meeting that the motion would have moved with it. President Deane Not necessarily. MOTION BY ALDERMAN MCCARTHY TO POSTPONE O-14-008 TO THE BOARD OF ALDERMEN MEETING OF NOVEMBER 12, 2014 MOTION CARRIED Alderman McCarthy I just want to wish my son and his bride all the best. President Deane Congratulations. Alderman Sheehan I want to congratulate the library on a fantastic, One City One Book event last Friday with B.A. Shapiro. It was nice to see the Mayor there too. We had a nice talk. There’s a reception ahead of time. It was a first time sellout which was a great event for them. Hopefully that keeps happening so next year people get your tickets early because there were disappointed people. Second, I went to a program tonight at North called Young Americans Turn Up the Music. It was amazing. I think we have a lot of Broadway bound talent that were signing their hearts out tonight and what they learned in just two days of working with this group, it was just amazing. If anybody has the chance to either go or let their children participate, I say you should do it. It was very moving and I commend the children. They did a great performance. Bd. of Aldermen – 10/28/14 Page 10 Alderman Moriarty Regarding the Pennichuck Water Special Committee meeting on November 17, some of the members of the committee got an email that I sent out. I just want to give everybody a heads-up for the Right-to- Know. The Merrimack Valley Regional Water District has nominated Dr. George Bower to on the Pennichuck Board of Directors. We will discuss that on November 17. The way the bylaws work that position does not have to go this time. His initial term doesn’t have to go through the Pennichuck Board of Directors process. His name won’t come up on the annual meeting next spring. Instead we’ll have to schedule a Special meeting. What I’m going to have to do is submit some sort of document or a communication at the November 12th Board of Aldermen meeting so we can get the process going. Our opportunity to interview that candidate will be at the November 17 Pennichuck Water Special Committee meeting. Then we’ll vote at a full Board of Aldermen meeting so they can call a special meeting. There’s just some process involved. I just wanted everyone to know there’s a heads up that it’s coming. Alderman McCarthy My understanding of the Charter was that the initial Board members went through the same process as the normal appointment process which in fact would refer them to the Personnel/Administrative Affairs Committee and not the Pennichuck Special Water Committee, which is if I recall correctly, what we did with all of the other director nominees. They went to Personnel. I wondering why we’re handling this one differently from the rest of the initial slate of directors. Alderman Moriarty I didn’t intend to. If it’s supposed to go to Personnel that’s fine. President Deane Okay. We’ll send it to Personnel. Alderman Moriarty We’re still going to have the Pennichuck Water Special Committee meeting because we have other business. Alderman Siegel I would just like to thank Sgt. Tom Bolton who gave me my ride along with the Nashua Police Department. That was the Friday before last from 9:00 p.m. to 3:00 a.m. I got to see Nashua’s finest and Nashua’s finest. I highly recommend it. We should be very proud of our police department in the way that they handle themselves. Alderwoman Melizzi-Golja I’d like to echo the Mayor’s thank you to all of those who participated and worked on the Gate City Festival. Also recognize those members of City Arts Nashua and the Nashua Arts Commission for their efforts in putting together Art Walk. Thank you. Alderwoman Brown I enjoyed the parade too. I got to see the whole thing and so did my daughters. I’d like to remind everybody that a week from today is Election Day. I understand that there are some excellent candidates so please get out there and vote. Every vote counts. Thank you. Bd. of Aldermen – 10/28/14 Page 11 Alderman Wilshire I’d like to send my condolences out to the family of Tina Corrvieau. A very nice lady that worked at BAE Systems, and her husband did as well. She died much too young. Also good news. I’d like to let everyone know that the ActorSingers will be performing Young Frankenstein at the Keefe Auditorium on November 7-9. It should be a good show. Committee announcements: Alderman Dowd There’s a meeting tomorrow evening at 7:00 p.m. for the Construction Committee and at 8:00 p.m. the Joint School Building Committee. Alderman Moriarty Finance Committee is November 5th. President Deane We had a CERF meeting today that went on for a couple of hours. The finance committee agenda when that stuff comes rolling in is going to be quite lengthy. I will be bringing in a resolution to fund the compactor at the landfill. It needs to be replaced. Just letting everybody know that that is coming down the pike. We had a lot of fun, right Mayor? Unbelievable. Mayor Lozeau I’m all about the fun. President Deane Two hours of it. ADJOURNMENT MOTION BY ALDERMAN CHASSE THAT THE OCTOBER 28, 2014 MEETING OF THE BOARD OF ALDERMEN BE ADJOURNED MOTION CARRIED The meeting was declared adjourned at 8:08 p.m. Attest: Paul R. Bergeron, City Clerk