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Aldermen, Board of

Regular Meeting

Nashua, NH · November 25, 2014

AgendaMinutes

Minutes

A regular meeting of the Board of Aldermen was held Tuesday, November 25, 2014, at 7:33 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 Donchess led in the Pledge to the Flag. The roll call was taken with 12 members of the Board of Aldermen present; Alderman Dowd, Alderman Chasse, Alderman Siegel were recorded absent. Mayor Donnalee Lozeau and Corporation Counsel Stephen M. Bennett were also in attendance. REMARKS BY THE MAYOR I would begin my remarks this evening by thanking our volunteers, many of whom are here tonight willing to continue to serve the city in a volunteer capacity with multiple meetings and thoughtful reflection on things that would serve our city well. I am grateful as I know this board is for their service. Speaking of volunteers I would also like to thank our Community Emergency Response Team, also known as CERT, who played a significant role in an interesting exercise that was conducted last week by a disaster plan simulation by the Homeland Security Office. It was simulating a hurricane slamming into the United States and Canada. It was a unique opportunity to actually realistically test resources like social media, crowd sourcing and digital volunteers during a disaster. It was a very unique opportunity. Nashua was the only municipality in the United States to participate. I wanted to thank those volunteers to be able to test their abilities in a disaster. I want to thank our emergency management director who coordinated that and oversaw that happening along with our GIS Department, Mr. Angelo Marino, as the helm of creating some remarkable marks that should in the future serve our city well. I also want to take a moment to mention that our students from Nashua High School that were inducted into the National Honor Society. It was the largest group of students inducted that anyone could ever remember: 122 students which is quite an achievement. Thanksgiving is here and I wanted to send out my Thanksgiving wishes to my colleagues here on the Board, our city staff, and to people in our community and to keep in mind the thought of those who cannot be sharing Thanksgiving with their loved ones because they are away serving our country. I hope that we have a wonderful and successful stroll on Saturday. I hope to see you all there. Speaking of families that are facing a Thanksgiving without loved ones that happens for any number of reasons, I would like to take a moment to send my deepest sympathies to the family of our former corporation counsel, Jamie McNamee. I think all of you know how dedicated he was to Nashua and our citizens from being a private attorney in private practice, to being a Nahua alderman, to being our corporation counsel under two mayors. I’m not sure how many corporation counsels actually pulled that off. He volunteered in our community as a coach, as a non-profit board member, as a mediator. As many of you know having read some of his decisions and participated in conversations with him over the years, he was very thoughtful in everything that he did. He treasured his family, delighted in his children’s accomplishments. He loved his wife. He looked to say she was the smart and strongest, sassiest woman he knew. That was one of the things that I really appreciated about Jamie: his ability to be a partner with strong women which also not easy, but pulled it off very well. Jamie had a way of bringing out the best in people. I think Nashua is better because of him. I know there is a lot of people in our community that are better because of him. I know I’m better because of him, and I think I was a better mayor because of what I learned from Jamie both his institutional knowledge before my time here and from his time that was spent here. He will be missed by so many of us in the community. For those of you that didn’t know and may have learned today in his obituary, who knew that he could sing? What I’ll remember most is the way he laughed. I’ll keep that with me for a long time to come. With that, I would thank everybody for their kind attention tonight. RESPONSE TO REMARKS OF THE MAYOR – None RECOGNITION PERIOD – None Bd. of Aldermen – 11/25/14 Page 2 READING MINUTES OF PREVIOUS MEETINGS AND PUBLIC HEARING MOTION BY ALDERMAN McCARTHY THAT THE MINUTES OF THE BOARD OF ALDERMEN MEETINGS OF NOVEMBER 12, 2014, AND NOVEMBER 13, 2014, AND THE PUBLIC HEARING CONDUCTED BY THE COMMITTEE ON INFRASTRUCTURE OF NOVEMBER 13, 2014 BE ACCEPTED, PLACED ON FILE AND THE READINGS SUSPENDED MOTION CARRIED COMMUNICATIONS MOTION BY ALDERMAN DONCHESS THAT ALL COMMUNICATIONS BE READ BY TITLE ONLY MOTION CARRIED From: Alderman-at-Large Jim Donchess Re: Intersection of Charron Avenue and Amherst Street MOTION BY ALDERMAN DONCHESS TO ACCEPT, PLACE ON FILE AND REFER TO THE COMMITTEE ON INFRASTRUCTURE President Deane The public will have the opportunity to speak on this communication during the first Public Comment period. MOTION CARRIED From: John Seusing, Chief of Police Re: Request for Hearing to Revoke Pawnbroker and Secondhand Dealer License Number 19 issued to Family Pawn MOTION BY ALDERMAN MCCARTHY TO ACCEPT, PLACE ON FILE AND THAT A HEARING BE SCHEDULED BEFORE THE BOARD OF ALDERMEN ON MONDAY, DECEMBER 8, 2014, AT 7:00 PM IN THE ALDERMANIC CHAMBER ON THE QUESTION President Deane I’ve signed a letter to hold the special meeting and I’ve signed two letters to the Chief of Police to alert them of the meeting being scheduled. They are both in possession of the City Clerk. They are in his hands right now. MOTION CARRIED From: John Seusing, Chief of Police Re: Request for Hearing to Revoke Pawnbroker and Secondhand Dealer License Number 29 issued to Nashua Pawn MOTION BY ALDERMAN MCCARTHY TO ACCEPT, PLACE ON FILE AND THAT A HEARING BE SCHEDULED BEFORE THE BOARD OF ALDERMEN ON MONDAY, DECEMBER 8, 2014, AT 7:00 PM IN THE ALDERMANIC CHAMBER MOTION CARRIED From: John L. Griffin, Chief Financial Officer Re: Fiscal Note for Amended Resolution R-14-082 Bd. of Aldermen – 11/25/14 Page 3 MOTION BY ALDERMAN DOWD TO ACCEPT AND PLACE ON FILE MOTION CARRIED MOTION BY ALDERWOMAN MELIZZI-GOLJA THAT THE RULES BE SO FAR SUSPENDED AS TO ALLOW FOR THE ACCEPTANCE OF A COMMUNICATION THAT WAS RECEIVED ON OCTOBER 23, 2014 FROM RONALD DOUCETTE DATED OCTOBER 20, REGARDING A CONCERN ABOUT TRAFFIC ON ELM STREET AND MAKING ELM STREET A ONE-WAY STREET MOTION CARRIED MOTION BY ALDERMAN SCHONEMAN THAT THE RULES BE SO FAR SUSPENDED AS TO ALLOW FOR THE INTRODUCTION OF A COMMUNICATION PLACED ON OUR DESKS THIS EVENING MOTION CARRIED MOTION BY ALDERMAN SCHONEMAN TO ACCEPT AND PLACE ON FILE MOTION CARRIED PERIOD FOR PUBLIC COMMENT RELATIVE TO ITEMS EXPECTED TO BE ACTED UPON THIS EVENING Mike Smith, 13 Alice Drive. I’m here with some of my neighbors to talk about a request that we made to Alderman Donchess about getting the traffic lights changed at the intersection of Charron Ave and Amherst Street. It’s become evident to everybody there’s a lot of congestion in that area. There’s a long wait time at that traffic light to get anywhere in that area. Primarily the request was to change the traffic lights to allow a left hand turn from Charron Ave onto Amherst Street. In order to do that today, exiting Charron Ave there are two lanes that exit onto Amherst Street. You have to take a right turn to head east on Amherst Street, get into the jug handle by Dunkin Doughnuts and then take a left to turn onto Amherst Street heading west. Up until this past July or early August, you could do that during one traffic light cycle at that intersection because when the Amherst Street traffic stopped then Charron Ave got the green light to go and then the two jug handles got the green lights so you could travel continuously through that intersection. Sometime during July or early August, a change was made to the sequence of the lights at that intersection. Now when the Amherst Street traffic stops, the jug handles get the green light and then Charron Ave gets the green light. Everybody coming out of Charron Ave has to move into he jug handle waiting through another cycle of the lights. A lot of times the number of cars in that jug handle near Dunkin Donuts is so great that it backs up back out to Amherst Street into the right hand lane of Amherst Street of the eastbound traffic. In proposing the ability to make the left hand turn from Charron Ave onto Amherst Street, we believe that will not only speed up the traffic coming out of Charron Ave and moving into and out of that intersection rather quickly but also eliminates the cars bunching up in the jug handle. It would reduce the danger to motorists in that area, motorists who are waiting in the jug handle and are out in the right hand lane of Amherst Street and also to motorists traveling eastbound on Amherst Street. We were wondering why the left hand turn is not allowed there. For instance today, fire trucks responded to calls from the Airport Fire Station go down Charron Ave and do take a left hand turn onto Amherst Street. It appears that there is no impediments in the road to being able to take a left hand turn there. I thought about what it would involve for the city to change to make this happen. We believe the changes are rather minimal. You would have to make a change to the traffic signs whether there are metal poles up on poles or paint a left hand arrow in the left lane of Charron Ave. Then you would have to reprogram the traffic lights to stop the westbound traffic on Amherst Street until Charron Ave is complete going through the green traffic light. Other than that, I’m not sure there’s much of anything else that needs to be done. I think it would help clear that whole area of traffic. My neighbors and I are finding that a lot of the traffic coming out of Charron Ave does want to head westbound on Amherst Street. It’s not just to turn right and head eastbound on Amherst Street. We hope that you will consider our request and hope that you will approve something like that. Thank you. George Todgham, Alice Drive. I’m a resident of Ward 1 and I am appearing tonight to offer background pertaining to Alderman Donchess’ letter request to consideration of a change to the traffic pattern. There’s four points I want to address. One is that Charron Avenue is a much used portal for folks in Ward 1. Residents often travel through this intersection many times a day. Since the latest signal timings which Bd. of Aldermen – 11/25/14 Page 4 Mike says was back in July, the transition from Charron Ave to Amherst Street west has become a distinctly more onerous experience than were true six months ago. I’ve done several timings on my own while sitting and waiting in traffic to traverse the complicated intersection. The timings reveal the following: A motorist waiting to turn right, the only allowable turn, but really wants to go west on Amherst Street, will spend approximately two minutes waiting first in the jug handle and then on Amherst Street by Ruby Tuesdays starting from the time they receive a green light at Charron Avenue until they are permitted to clear the jug handle light at Ruby Tuesday’s. If a motorist is unfortunate enough to just miss the green light from Charron Avenue onto Amherst Street, the total wait time will expand to three minutes because it’s a very long light coming out of Charron Avenue. My observation is that more than half and possibly ¾ of the traffic turning right from Charron Avenue onto Amherst Street actually want to go west on Amherst Street but they are subject to playing the jug handle game. Finally, there are two lanes on Charron Avenue leading to the signal but they are not equally used. The right lane regularly backs up past the Pep Boys back entrance while the left lane only gets a few vehicles each light cycle. Since the left lane is really only useful to motorists turning right who wish to continue traveling east on Amherst Street towards the city, this observation leads further credence to my theory that the preponderance of traffic from Charron Avenue really wants to travel west. I believe the reprogramming of the signals and providing new signage allowing the left turn from Charron Avenue would in the short term relieve much of the stress felt by motorists using the Charron Avenue intersection and please a lot of people in Ward 1. Thank you. PETITIONS – None NOMINATIONS, APPOINTMENTS AND ELECTIONS Election of Dr. George Bower as Merrimack Valley Regional Water District’s Representative on Pennichuck Corporation Board of Directors MOTION BY ALDERMAN MORIARTY TO ELECT DR. GEORGE BOWER AS THE MERRIMACK VALLEY REGIONAL WATER DISTRICT’S REPRESENTATIVE ON PENNICHUCK CORPORATION BOARD OF DIRECTORS FOR A THREE YEAR TERM Alderman Moriarty I’d just like to offer a few words of support for this nomination and get some background. Our city’s association with the Pennichuck Water Company is certainly not without controversy. This particular nomination is a great nomination. It’s a solution to problems that fortunately didn’t occur. Namely the way the bylaws are written for Pennichuck there is a position written in there for the Merrimack Valley Regional Water District to nominate somebody. This particular position, it was three years ago that the city purchased Pennichuck. This position has in some sense has technically already expired. Depending on how you read the bylaws, the Pennichuck Directors could have read them in such a fashion as to be uncooperative, but they didn’t. They could have read them very literally who the bylaws are written and insisted that this nomination action not come out of the water district and go through the Board; that the nomination would have to go through the nominating process on the current Pennichuck Water Works. But it’s great that two things happened here but nobody really recognized if you weren’t paying close attention. One was that the board of directors that we have on Pennichuck are a good group of people doing the right thing. They had confidence that this nomination would be a good person. The second thing that happened which is a little more obvious is that Dr. Bower is just an outstanding candidate and has a background which not many people that I run into have. It’s in safety, health and environment technology. SHE we call it at work. I’m convinced the skills will be perfectly applicable for Pennichuck. Again I’ve said enough but both sides of this have done well by themselves. Thank you. MOTION CARRIED President Deane declared Dr. George Bower duly elected to the Pennichuck Corporation Board of Directors. Appointment of Timothy Lavoie to the Capital Equipment Reserve Fund  Tabled 8/12/ 14 Bd. of Aldermen – 11/25/14 Page 5 REPORTS OF COMMITTEE Finance Committee ............................................................................ 11/05/14 There being no objection, President Deane declared the report of the November 5, 2014 Finance Committee accepted and placed on file. Human Affairs Committee .................................................................. 11/20/14 There being no objection, President Deane declared the report of the November 20, 2014 Human Affairs Committee accepted and placed on file. Committee on Infrastructure ............................................................... 11/13/14 There being no objection, President Deane declared the report of the November 13, 2014 Committee on Infrastructure accepted and placed on file. Personnel/Administrative Affairs Committee ...................................... 11/17/14 There being no objection, President Deane declared the report of the November 17, 2014 Personnel/Administrative Affairs Committee accepted and placed on file. Pennichuck Water Special Committee ............................................... 11/17/14 There being no objection, President Deane declared the report of the November 17, 2014 Pennichuck Water Special Committee accepted and placed on file. WRITTEN REPORTS FROM LIAISONS – None CONFIRMATION OF MAYOR'S APPOINTMENTS Business & Industrial Development Authority MOTION BY ALDERMAN McCARTHY TO CONFIRM BY VOICE VOTE THE APPOINTMENT OF THE FOLLOWING INDIVIDUALS TO THE BUSINESS & INDUSTRIAL DEVELOPMENT AUTHORITY FOR TERMS TO EXPIRE SEPTEMBER 13, 2017: HEATH GAFFNEY, 27 CATHEDRAL CIRCLE, NASHUA, JACK TULLEY, 110 MIDDLE DUNSTABLE ROAD, NASHUA, AND BRADLEY VEAR, 547 AMHERST STREET, NASHUA MOTION CARRIED President Deane declared Heath Gaffney, Jack Tulley and Bradley Vear duly appointed to the Business & Industrial Development Authority for terms to expire September 13, 2017. Alderman Moriarty 547 Amherst Street, I think is a business address. In the future, can we make sure just for transparency that the people that are listed that their home addresses are listed? President Deane I will ask the Mayor if she can do that. They will be sworn in at a later date, none of them are in attendance. Bd. of Aldermen – 11/25/14 Page 6 Downtown Improvement Committee MOTION BY ALDERMAN SOUCY TO CONFIRM BY VOICE VOTE THE APPOINTMENT OF JOHN KOUTSOS, 3 EAST DUNSTABLE ROAD, NASHUA, TO THE DOWNTOWN IMPROVEMENT COMMITTEE FOR A TERM TO EXPIRE DECEMBER 31, 2017 MOTION CARRIED President Deane declared John Koutsos duly appointed to the Downtown Improvement Committee for a term to expire December 31, 2017. Oath of Office administered by Corporation Counsel. Nashua Arts Commission MOTION BY ALDERMAN DONCHESS TO CONFIRM BY VOICE VOTE THE APPOINTMENT OF THE FOLLOWING INDIVIDUALS TO THE NASHUA ARTS COMMISSION FOR TERMS TO EXPIRE APRIL 1, 2017: PAUL LAFLAMME, 28 LUTHERAN DRIVE, NASHUA, ELIZABETH RACIOPPI, 15 MIDDLE DUNSTABLE ROAD, NASHUA, AND ERIC VALLIERE, 6 CHURCH STREET, NASHUA ON THE QUESTION Alderman Moriarty Just to show that I am not picking on anybody or Brad Vear, Eric Valliere, I consider him a friend, but 6 Church Street is not a home address. President Deane That’s duly noted. MOTION CARRIED President Deane declared Paul LaFlamme, Elizabeth Racioppi and Eric Valliere duly appointed to the Nashua Arts Commission for terms to expire April 1, 2017. Oath of Office administered by Corporation Counsel to Elizabeth Racioppi. Nashua Housing Authority MOTION BY ALDERMAN CARON TO CONFIRM BY VOICE VOTE THE APPOINTMENT OF JAMES R. TOLLNER, 1 SEQUOIA CIRCLE, NASHUA, AND ERIC WILSON, 60 INDIAN ROCK ROAD, NASHUA, TO THE NASHUA HOUSING AUTHORITY FOR TERMS TO EXPIRE OCTOBER 14, 2019 MOTION CARRIED President Deane declared James Tollner and Eric Wilson duly appointed to the Nashua Housing Authority for terms to expire October 14, 2019. Oath of Office administered by Corporation Counsel to Jim Tollner. Bd. of Aldermen – 11/25/14 Page 7 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 Given its third reading; MOTION BY ALDERMAN MCCARTHY TO AMEND R-14-052 IN ITS ENTIRETY BY REPLACING IT WITH THE GOLDEN ROD COPY PLACED ON OUR DESKS THIS EVENING MOTION CARRIED MOTION BY ALDERMAN MCCARTHY FOR FINAL PASSAGE OF R-14-052 AS AMENDED ON THE QUESTION President Deane I was at Budget last night so if the Board doesn’t mind, I can explain the amendments. We took the bond out of the resolution. One of the items that I had asked the Mayor about was if we could find some money instead of bonding for the consulting to pay for the consultant. What the budget committee did last night was they decided it was best to get the consultant in as the legislation states in the first paragraph, have the work done, come back with a cost and another piece of bond legislation to cover the cost once we knew what that number was. That’s what this represents. The $750,000 is gone. We took $30,000 in cash. You can see the transfers from the purchasing department of $20,000; police and fire threw in $2500; and the schools threw in $5,000. We’ll get the consultant onboard to work with the IT director. We’ll get a RFP out, get the scope of work that needs to be done and cost and then another piece of legislation will be filed to fund the work and there will be another public hearing. That’s basically what the amendment is about, and the budget committee adopted that last night. MOTION CARRIED Resolution R-14-052 declared duly adopted as amended. R-14-063 Endorsers: Alderman-at-Large David W. Deane Alderman Ken Siegel REGARDING THE CMAQ (CONGESTION MITIGATION AND AIR QUALITY PROGRAM) LOOP TRAFFIC PROJECT Given its second reading; MOTION BY ALDERMAN DONCHESS FOR INDEFINITE POSTPONEMENT OF R-14-063 MOTION CARRIED Resolution R-14-063 declared indefinitely postponed. R-14-073 Endorsers: Mayor Donnalee Lozeau Alderman-at-Large Lori Wilshire Alderman Richard A. Dowd Alderman-at-Large Brian S. McCarthy AUTHORIZING THE GRANTING OF AN EASEMENT TO PENNICHUCK WATER WORKS, INC. FOR CONSTRUCTION, UTILIZATION AND MAINTENANCE OF A WATERLINE Bd. of Aldermen – 11/25/14 Page 8 Given its second reading; President Deane This has a favorable recommendation from the Planning Board. MOTION BY ALDERMAN WILSHIRE FOR FINAL PASSAGE OF R-14-073 ON THE QUESTION President Deane This is that unnamed alleyway between Park and Pearson. I brought that one-way legislation in that the Public Works Director has sent out a recommendation and a suggestion on some amendments to that. This happens to be that little unnamed alleyway. MOTION CARRIED Resolution R-14-073 declared duly adopted. R-14-083 Endorsers: Mayor Donnalee Lozeau Alderman-at-Large Lori Wilshire Alderman Sean M. McGuinness Alderman-at-Large David W. Deane APPROVING THE PROPOSAL OF PENNICHUCK CORPORATION TO ENTER INTO LONG TERM LOANS WITH COBANK AND THE NEW HAMPSHIRE DEPARTMENT OF ENVIRONMENTAL SERVICES STATE REVOLVING FUND Given its second reading; MOTION BY ALDERMAN McGUINNESS FOR FINAL PASSAGE OF R-14-083 MOTION CARRIED Resolution R-14-083 declared duly adopted. R-14-085 Endorsers: Mayor Donnalee Lozeau Alderwoman Pamela T. Brown AUTHORIZING THE SALE OF TAX DEEDED PROPERTY LOCATED AT 23 BUCK STREET Given its second reading; MOTION BY ALDERWOMAN BROWN FOR FINAL PASSAGE OF R-14-085 MOTION CARRIED Resolution R-14-085 declared duly adopted. R-14-086 Endorsers: Alderwoman Mary Ann Melizzi-Golja Alderman-at-Large Diane Sheehan Alderwoman Pamela T. Brown 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 second reading; Bd. of Aldermen – 11/25/14 Page 9 MOTION BY ALDERWOMAN MELIZZI-GOLJA TO AMEND R-14-086 IN ITS ENTIRETY BY REPLACING IT WITH THE GOLDEN ROD COPY PROVIDED WITH THE AGENDA MOTION CARRIED MOTION BY ALDERWOMAN MELIZZI-GOLJA FOR FINAL PASSAGE OF R-14-086 AS AMENDED ON THE QUESTION Alderwoman Melizzi-Golja Paragraph 2 initially spoke to the model lease being approved every five years. In conversation with the Hunt Board of Trustees, they agreed to having it approved annually by the Board of Aldermen and then what was approved would then be used for the next year without the contracts coming to Finance and the Board of Aldermen. In paragraph 3, line 2, it states that we’re authorizing them to use the annually approved model lease to enter into leases without further approval. The last paragraph was added that the leases once approved by the trustees will be provided to the finance committee as a communication as the meeting immediately following the lease signing. President Deane The premise behind all of this was to give them an opportunity if they had somebody that they could get in there that needed to move in a hurry. They would have the opportunity to do that. Alderwoman Melizzi-Golja The model lease we’re just basically filling in the blanks on that. If there would be any deviation certainly that would come to the Board. President Deane Okay. That’s great. MOTION CARRIED Resolution R-14-086 declared duly adopted as amended. R-14-087 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-at-Large Brian S. McCarthy 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 second reading; MOTION BY ALDERMAN WILSHIRE FOR FINAL PASSAGE OF R-14-087 MOTION CARRIED Resolution R-14-087 declared duly adopted. Bd. of Aldermen – 11/25/14 Page 10 R-14-088 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 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 second reading; MOTION BY ALDERMAN SHEEHAN FOR FINAL PASSAGE OF R-14-088 MOTION CARRIED Resolution R-14-088 declared duly adopted. UNFINISHED BUSINESS – ORDINANCES O-14-029 Endorsers: Alderman-at-Large Jim Donchess Alderwoman Pamela T. Brown Alderman-at-Large Diane Sheehan Alderwoman Mary Ann Melizzi-Golja Alderman-at-Large Lori Wilshire Alderman-at-Large Brian S. McCarthy EXTENDING THE OVERNIGHT ON-STREET PARKING PERMIT PROGRAM FOR ANOTHER YEAR Given its second reading; MOTION BY ALDERMAN DONCHESS FOR FINAL PASSAGE OF O-14-029 ON THE QUESTION Alderman Schoneman I just want to point out that the Infrastructure Committee has approved an extension of the existing program. We’re contemplating adding certain streets and neighborhoods to the program. We recommended approving this now while the additional streets are still being considered by the various departments in the city. If anyone would like to add more, I think they should be encouraged to let their alderman know because the possibility does exist during the term of this program to add streets as necessary. MOTION CARRIED Ordinance O-14-029 declared duly adopted. Bd. of Aldermen – 11/25/14 Page 11 NEW BUSINESS RESOLUTIONS R-14-094 Endorser: Alderman-at-Large Jim Donchess Alderwoman Mary Ann Melizzi-Golja Alderman-at-Large Daniel T. Moriarty Alderwoman Pamela T. Brown Alderman-at-Large Brian S. McCarthy Alderman-at-Large Lori Wilshire Alderman-at-Large Diane Sheehan Alderman Sean M. McGuinness RELATIVE TO THE ADOPTION OF THE NASHUA ARTS AND CULTURAL PLAN Given its first reading; Alderman Donchess I would like to move that before this is referred to committee that it be amended in four places: on page 29, 33, 67 and 70 to delete the references to the use and sale of alcohol at the Keefe Auditorium. The reason I would like to amend that now is the commission has done a really good job on this plan, and they’ve proposed a lot of exciting things that could really move the arts forward in our community. I think we should take the time to discuss those things and to make people aware of what the proposals are and hopefully everyone can get together behind those proposals in order to advance the arts. In various sections of the plan it suggests that alcohol might or will be sold at Keefe. We all know that that has been an issue of some controversy which has now been resolved by the School Board, the board that has exclusive authority over that issue. To me is seems like, and I think I saw some comments along these lines by some of the proponents of the alcohol provision today on line, that let’s just get this issue behind us. Let’s not re-debate it over and over again. Let’s talk about what we can work together on. In my mind, the plan is stronger and has a stronger consensus if we delete the references to the sale of alcohol, an issue over which we, the Board of Aldermen, have absolutely no control anyway and again which has been decided already. Thank you. Alderman McCarthy I’m not going to support amending it now. I’d like to have a chance to read it before we chop chunks out of it. We can certainly take care of that in committee after we’ve had the discussion of the plan. Alderwoman Melizzi-Golja I, too, would like to address that in committee and have members of the two organizations that put the plan together at the table to discuss that with us. Alderman Schoneman I support the initiative to amend this. I think the issue has been resolved. It was clearly contentious. If we don’t’ have authority over it then to perpetuate the discussion on something that we cannot do anyway would seem to me to be harmful to the community. If there’s no point in doing it then I can’t see any point in going forward with that. Alderwoman Brown I will not support the amendment at this time. I also feel that I would like to read it in its entirety and discuss the amendment in committee. I ask for a roll call. Bd. of Aldermen – 11/25/14 Page 12 Alderman Soucy I think it does need to be amended. I don’t really care if it is amended here or in committee, but it’s going to make it much more likely that I would vote in favor of it once it’s amended. Alderman Sheehan I have had some conversation as well. I think there’s better ways to say that they need some things to be different for the Symphony without tying it to a school. I think there’s a lot of people who have some concern over this. What I would be voting to support is to amend it right now but then in committee perhaps using some alternate language that talks about what the needs of the Symphony are in relation to having a proper venue but not having anything be about the school because I think that’s the issue. I think we can still have conversations but it doesn’t necessarily need to be about a school. I think a lot of people will feel better if that’s taken out at this juncture. Another alternate can be added. I’ve gotten a lot of people reaching out to me. Having school-aged children, I’m rather tied to that constituency. Alderman Moriarty A week ago today we discussed this very topic when this plan was presented at the Planning & Economic Development Committee. There is some merit to the discussion of whether or not we amend it at all because it is an advisory group. The purpose is this is what they are advising us to do. By us amending it, we’re sort of putting words in their mouth even though it may be the proper thing to do. I’m personally going to vote against the amendment because of that specific reason, similar to what Alderman McCarthy was saying earlier. Alderman Schoneman I agree with Alderman Moriarty’s note that this is an advisory document. It makes it a little difficult because I still will support the amendment because it’s going to be hard for me to endorse this when the time comes if that language is contained in there. While we didn’t write the document so in a sense we can’t or shouldn’t amend it, I think the resolution, itself, somehow has to state that the City of Nashua really via the Education Board is not permitting alcohol in Keefe Auditorium. That’s reality. A viva voce roll call was taken which resulted as follows: Yea: Ald. Schoneman, Ald. Sheehan, Ald. Soucy Ald. Donchess, Ald. Wilshire, Ald. Deane 6 Nay: Ald. McCarthy, Ald. Caron, Ald. McGuinness Ald. Moriarty, Ald. Melizzi-Golja, Ald. Brown 6 MOTION FAILED Resolution R-14-094 assigned to the PLANNING & ECONOMIC DEVELOPMENT COMMITTEE by President Deane NEW BUSINESS – ORDINANCES – None PERIOD FOR GENERAL PUBLIC COMMENT Jim Cutter, 86 Palm Street. Dear President Deane, Ordinance O-00-24 was adopted May 12, 2000 to solve the problem of people blocking our driveway with a no parking sign. The no parking sign was placed for about 12 years until BSP construction when it was removed. It was not replaced after work was done because of changes to city traffic ordinances with O-12-025. Changes made by the DPW with approval of the Board of Aldermen. Bd. of Aldermen – 11/25/14 Page 13 One of the changes was to override O-00-24 with new Ordinance O-12-025. It cannot be overridden by Ordinance O-12-025 because it has superior authority due to the fact there is a $40 fine after seven days it is $60 for parking that blocks a driveway. When it was only a $10 fine after 7 days, it is $20 for parking where pavement parking, street designs of the BSP say you cannot park. IN late fall 2013, I asked to have it replaced and was told by the DPW they could not do anything because of the weather. After they made a study like the one done to get Ordinance O-00-24 approved they replaced it on September 5. But 5 days later order removed by Mayor Lozeau due to a complaint because Marguerite’s Place would lose two parking spaces. They were not thinking. Across nearly Kinsley Street is all they need. We need the sign because it will help move Broad Street Parkway traffic along smoothly and it will keep people from getting a parking ticket. And, don’t forget the DPW, who with Board of Aldermen approval is in charge of the ordinances agreed with me and replaced the sign. It appears that when the DPW replaced the sign their next step would have been to do the paperwork but was interrupted by Mayor Lozeau. With that in mind, please help us and anyone else traveling on Palm Street. We need the sign replaced as soon as possible. Sincerely, Jim. Paul Shea, 102 Tolles Street I’m a board member of City Arts Nashua. I just wanted to say a few words about the City Arts and Culture Plan. I was very enthused last week to see Liz Racioppi of the Arts Commission deliver the presentation on the long awaited Nashua Arts and Culture Plan at the Economic & Development Committee. I want to thank everybody who has been a part of the commission’s work including the community who provided input along the way. The long term hope for this document is that it be reviewed and possibly be included as part of the city’s strategic plan. Our community’s artistic and culture expression are of great value and to stand as a city and declare that we will foster these parts of our identity and becoming even more richly more developed will not only send a strong clear message about their importance but will lay the ground work for an even more vibrant Nashua in years and in generations ahead. Thank you to everyone who spoke positively about that tonight and I’m looking forward to seeing where it goes. Happy Thanksgiving. REMARKS BY THE MEMBERS OF THE BOARD OF ALDERMEN Alderman Wilshire I wanted to also send my condolences to the McNamee family and wish all my constituents a Happy Thanksgiving. Alderwoman Brown I would also like to wish my constituents and everyone else in the city a Happy Thanksgiving. Alderwoman Melizzi-Golja As my colleagues have stated, I would like to state condolences to Mr. McNamee’s family. I had the pleasure of working with him while I was on the Board of Ed and getting to know him. He will be greatly missed here in the city. Happy Thanksgiving wishes to everyone in the community. We hope to see you at the stroll. If you have the opportunity, stop by the Hunt Building to see the Festival of Trees. Alderman Donchess I would like to join Mayor Lozeau in extending our condolences and other aldermen of course to Jamie’s family. I’ve known him for many years. Our daughters were very good friends in pre-kindergarten, kindergarten, Mount Pleasant. As a result, I spent a lot of time with him in those years. He was on the Board of Aldermen. He was a really fine alderman. I didn’t serve in city government when he was city attorney, but he appeared to do an extremely good job at that as well. I know many people will miss him including of course his wife and his children, but many others. He was really a good guy and I am very sorry that he faced a premature death long before he should have passed away. Bd. of Aldermen – 11/25/14 Page 14 Alderman Soucy I just want to remind everyone that Thanksgiving is for turkey, cranberry sauce and the Nashua Exchange Club Annual Ski Swap. They do this every year. All of the profits go to the children from the surrounding areas. It’s a great, great time to get bargains on the skis or to turn in your own equipment and maybe make a few dollars yourself. It’s going to be a Nashua High School South, Friday, the 28, 29 and 30. Again it’s the Nashua Ski Shop hosted by the Nashua Exchange Club. Alderman Sheehan I echo my colleague’s condolences to the McNamee family. He was our corporation counsel when I first started on the Board of Aldermen. He’s someone who would be walking through the neighborhood with his dog. Just used to seeing somebody and it’s very sad when something happens to somebody so young. I’d also like to wish my colleagues and fellow Nashuans a Happy Thanksgiving and remind everybody to drive carefully and leave early. Thanks. Alderman McGuinness I didn’t know Jamie, but I offer my condolences. Everyone says he’s a fine man. I want to wish everyone a great Thanksgiving to all in the city and looking forward to the turnout on the stroll on Saturday night. I love that. I go every year. Alderman Caron I, too, would like to send my condolences to the McNamee family. The first time Jamie was corporation counsel I was working for the city. He helped us a lot with some of the issues that we would have. He was a gentleman. He was wonderful to work with. I also want to thank Park-Recreation for allowing the Senior Center to set up a table at their annual outing two weeks ago at the Crowne Plaza. Because of that we got four new members to the Center. That’s always a plus. We were happy for that. I would also like to wish my colleagues a Happy Thanksgiving. Alderman Schoneman I’d like to express my thoughts about Happy Thanksgiving for everybody here at the table and of course at home. While Thanksgiving is just a couple of days that means that Christmas is not far behind. In fact this is the last Board of Aldermen meeting until the Santa and the Park event which will be on Sunday, December 7 at Greeley Park at the gazebo between 12 and 2 in the afternoon. It’s sponsored by the Friends of Greeley Park and really headed up by Alameda Murphy with the coordination of Parks and Rec which have been very, very helpful. It’s free and kids can perhaps expect a little surprise from Santa. I encourage families to bring their kids out. Although I did not know Mr. McNamee, I certainly know people that have known him outside of the horseshoe here in the Ward 3 neighborhood. I wish to express my heartfelt condolences to his family and friends. Alderman McCarthy I would echo what everyone else has said about Jamie. I met him shortly after I was first on the Board the first time he was corporation counsel. I got to see him at work a lot, both here in city hall and I had the unique experience of sitting through at least two complete trials with him in issues that involved the city. It was great fun to watch him work in court. I will miss him as an intellectual colleague and as a colleague in city government and as a friend. It’s too bad we lose people like that. He’s been a great asset to the city. I look forward to the stroll and Happy Thanksgiving to everybody. Alderman Deane I wanted to make a couple of comments about Attorney McNamee. Although I had a few run-ins with him, one of the things I really look at is the work that he did during the whole Pennichuck process. I think if it Bd. of Aldermen – 11/25/14 Page 15 wasn’t for his work that probably wouldn’t have happened. Then rather was the infamous hanging around at the Crowne Plaza during the Nashua Teacher Union negotiations. I spent quite a bit of time sitting in a booth with him and the Mayor talking for hours on end waiting for negotiations. That was a nightmare. He was an interesting guy to talk to. He was a very, very smart man and he will be missed. It’s sad as Alderman McCarthy said to lose somebody like that. He was a wealth of knowledge. I’d like to wish everybody in the community a safe Thanksgiving. People have to remember there is going to be some snow tomorrow. It’s the first time and it seems like everybody forgets how to drive in it. Make sure you give our public works an inch because they are a lot bigger than your cars are. We want to make sure that everybody gets to their destination safety. Alderman McGuiness, your birthday is on the 3 of December this year. It was on the third last year too, right? Just checking. Happy Birthday, buddy. Committee announcements: President Deane The budget committee is having a meeting on the first because of the alcohol issue at the Board of Education last night. We have an AFSCME contract. Mr. Farrington said they were tied up with alcohol over at the school and nobody could make it over here. He asked if we could have another budget meeting and that’s the only thing on the agenda. I said not a problem. Our special board meeting, once that information gets delivered by the city clerk, the ball will be in their court. We’ll see if they care to come in front of us and explain everything. The police department has all of what they need to operate with. I have a feeling that meeting might not happen, but that’s just my hunch. Alderman Moriarty Tuesday, December 2, at 7 PM, Strategic Planning Committee. Wednesday, December 3, Finance Committee. President Deane Do you have an agenda for Strategic Planning yet? Alderman Moriarty The first order of business is to figure out the order of business. President Deane The first order of business at the start of any committee is to elect a clerk. Alderman Moriarty I had a couple good discussions in the past day that I’ll write up and send to the committee members to get us thinking. I wanted to do it today but had a couple of things get in the way. I apologize. President Deane The other committee members, have they been alerted and available to attend? Everybody will be there. There will be 8 of us Bd. of Aldermen – 11/25/14 Page 16 ADJOURNMENT MOTION BY ALDERMAN WILSHIRE THAT THE NOVEMBER 25, 2014 MEETING OF THE BOARD OF ALDERMEN BE ADJOURNED MOTION CARRIED The meeting was declared adjourned at 8:36 p.m. Attest: Paul R. Bergeron, City Clerk

Agenda

AGENDA MEETING OF THE BOARD OF ALDERMEN NOVEMBER 25, 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 ALDERMAN-AT-LARGE JIM DONCHESS 4. ROLL CALL 5. REMARKS BY THE MAYOR 6. RESPONSE TO REMARKS OF THE MAYOR 7. RECOGNITIONS 8. READING MINUTES OF PREVIOUS MEETINGS AND PUBLIC HEARING Board of Aldermen .............................................................................. 11/12/14 Special Board of Aldermen ................................................................. 11/13/14 Public Hearing Conducted by the Committee on Infrastructure .......... 11/13/14 9. COMMUNICATIONS From: Alderman-at-Large Jim Donchess Re: Intersection of Charron Avenue and Amherst Street From: John Seusing, Chief of Police Re: Request for Hearing to Revoke Pawnbroker and Secondhand Dealer License Number 19 issued to Family Pawn From: John Seusing, Chief of Police Re: Request for Hearing to Revoke Pawnbroker and Secondhand Dealer License Number 29 issued to Nashua Pawn From: John L. Griffin, Chief Financial Officer Re: Fiscal Note for Amended Resolution R-14-082 PERIOD FOR PUBLIC COMMENT RELATIVE TO ITEMS EXPECTED TO BE ACTED UPON THIS EVENING 10. PETITIONS 11. NOMINATIONS, APPOINTMENTS AND ELECTIONS Election of Dr. George Bower as Merrimack Valley Regional Water District’s Representative on Pennichuck Corporation Board of Directors Appointment of Timothy Lavoie to the Capital Equipment Reserve Fund  Tabled 8/12/ 14 12. REPORTS OF COMMITTEE Finance Committee............................................................................. 11/05/14 Human Affairs Committee ................................................................... 11/20/14 Committee on Infrastructure................................................................ 11/13/14 Personnel/Administrative Affairs Committee ....................................... 11/17/14 Pennichuck Water Special Committee ................................................ 11/17/14 13. WRITTEN REPORTS FROM LIAISONS 14. CONFIRMATION OF MAYOR'S APPOINTMENTS Business & Industrial Development Authority Heath Gaffney (Reappointment) For a Term to Expire: September 13, 2017 27 Cathedral Circle Nashua, NH 03063 Jack Tulley (Reappointment) For a Term to Expire: September 13, 2017 110 Middle Dunstable Road Nashua, NH 03062 Bradley Vear (Reappointment) For a Term to Expire: September 13, 2017 547 Amherst Street Nashua, NH 03063 Downtown Improvement Committee John Koutsos (Reappointment) For a Term to Expire: December 31, 2017 3 East Dunstable Road Nashua, NH 03060 Nashua Arts Commission Paul LaFlamme (Reappointment) For a Term to Expire: April 1, 2017 28 Lutheran Drive Nashua, NH 03063 Elizabeth Racioppi (Reappointment) For a Term to Expire: April 1, 2017 15 Middle Dunstable Road Nashua, NH 03062 Eric Valliere (Reappointment) For a Term to Expire: April 1, 2017 6 Church Street Nashua, NH 03060 Nashua Housing Authority James Tollner (Reappointment) For a Term to Expire: October 14, 2019 1 Sequoia Circle Nashua, NH 03063 Eric Wilson (Reappointment) For a Term to Expire: October 14, 2019 60 Indian Rock Road Nashua, NH 03063 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  Anticipated Recommendation from Budget Review Committee Mtg of 11/24/14 R-14-063 Endorsers: Alderman-at-Large David W. Deane Alderman Ken Siegel REGARDING THE CMAQ (CONGESTION MITIGATION AND AIR QUALITY PROGRAM) LOOP TRAFFIC PROJECT  Committee on Infrastructure Recommends: Indefinite Postponement R-14-073 Endorsers: Mayor Donnalee Lozeau Alderman-at-Large Lori Wilshire Alderman Richard A. Dowd Alderman-at-Large Brian S. McCarthy AUTHORIZING THE GRANTING OF AN EASEMENT TO PENNICHUCK WATER WORKS, INC. FOR CONSTRUCTION, UTILIZATION AND MAINTENANCE OF A WATERLINE  Pennichuck Water Special Committee Recommends: Final Passage  Also assigned to Board of Public Works; Favorable Recommendation Issued 10/30/14 R-14-083 Endorsers: Mayor Donnalee Lozeau Alderman-at-Large Lori Wilshire Alderman Sean M. McGuinness Alderman-at-Large David W. Deane APPROVING THE PROPOSAL OF PENNICHUCK CORPORATION TO ENTER INTO LONG TERM LOANS WITH COBANK AND THE NEW HAMPSHIRE DEPARTMENT OF ENVIRONMENTAL SERVICES STATE REVOLVING FUND  Pennichuck Water Special Committee Recommends: Final Passage R-14-085 Endorsers: Mayor Donnalee Lozeau Alderwoman Pamela T. Brown AUTHORIZING THE SALE OF TAX DEEDED PROPERTY LOCATED AT 23 BUCK STREET  Committee on Infrastructure Recommends: Final Passage R-14-086 Endorsers: Alderwoman Mary Ann Melizzi-Golja Alderman-at-Large Diane Sheehan Alderwoman Pamela T. Brown 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  Finance Committee Recommends: Final Passage as Amended R-14-087 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-at-Large Brian S. McCarthy 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”  Human Affairs Committee Recommends: Final Passage R-14-088 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 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  Human Affairs Committee Recommends: Final Passage UNFINISHED BUSINESS – ORDINANCES O-14-029 Endorsers: Alderman-at-Large Jim Donchess Alderwoman Pamela T. Brown Alderman-at-Large Diane Sheehan Alderwoman Mary Ann Melizzi-Golja Alderman-at-Large Lori Wilshire Alderman-at-Large Brian S. McCarthy EXTENDING THE OVERNIGHT ON-STREET PARKING PERMIT PROGRAM FOR ANOTHER YEAR  Committee on Infrastructure Recommends: Final Passage NEW BUSINESS RESOLUTIONS R-14-094 Endorser: Alderman-at-Large Jim Donchess RELATIVE TO THE ADOPTION OF THE NASHUA ARTS AND CULTURAL PLAN NEW BUSINESS – ORDINANCES PERIOD FOR GENERAL PUBLIC COMMENT REMARKS BY THE MEMBERS OF THE BOARD OF ALDERMEN Committee announcements: ADJOURNMENT Jim Donchess Alderman-at-Large 4 Rockland Street Nashua, NH 03064 November 19,2014 Dear President Deane and Members of the Board of Aldermen, The intersection of Charron Avenue and Amherst Street has is experiencing increased congestion following the opening of Whole Foods at Turnpike Plaza. My understanding is that plans are underway to seek contributions from private property owners to pay for improvements to this intersection. I support these efforts. However, constituents have asked me whether in the shorter term we could enable a left turn from Charron Avenue to Amherst Street. For people wishing to go west on Amherst Street, enabling a left turn would eliminate the lengthy maneuver of turning right, then proceeding through the jug handle by Dunkin Donuts, and then travelling through the Charron Avenue/Amherst Street intersection. I believe the Board of Aldermen - as a body or through one of the committees - should look into whether it is feasible to enable a left turn from Charron Avenue to Amherst Street. I propose that we undertake to investigate this possibility. OFFICE OF CORPORATION COUNSEL CITY OF NASHUA MEMORANDUM TO: Board of Aldermen FROM: John Seusing, Chief of Police DATE: November 20, 2014 RE: Request for hearing to revoke pawn broker and second hand dealer license number 19 issued to Family Pawn I am requesting that the City of Nashua Board of Aldermen schedule and conduct a hearing pursuant to NRO §220-10,B(1)(2) and RSA 398:5 and, following the hearing, revoke Pawn broker and Sccond-hand Dealer license number 19 issued to Family Pawn. This request for license revocation is based on the police investigation and arrest of Hai Phuoc Ho, owner of Family Pawn, and Lan Tran, an employee for the Class A felony of receiving of stolen property in violation of RSA 637:7, 637:1. The subsequent search of the residence of Hai Phuoc Ho and Lan Tran at 20 Cox Street, Nashua, NH, revealed hundreds of stolen items worth thousands of dollars. Our police investigation also found that Family Pawn failed to maintain accurate transaction records as required by NRO §220-5 and 220-8; to hold items for a 30 day period after purchase as required by NRO §220-7 A, B; and, to obtain the identification of all sellers/pledgers of property as required NRO §220-6 A. Family Pawn is located at 433 Amherst Street, Nashua, NH and Hai Phuoc Ho has a mailing address of 20 Cox Street, Nashua, NH 03064. Please notify me when a hearing has been scheduled and I will have the detectives who were involved in this investigation and arrests attend the hearing to provide the necessary information regarding the investigation. OFFICE OF CORPORATION COUNSEL CITY OF NASHUA MEMORANDUM TO: Board of Aldermen FROM: John Seusing, Chief of Police DATE: November 20, 2014 RE: Request for hearing to revoke Pawnbroker and Secondhand Dealer license number 29 issued to Nashua Pawn I am requesting that the City of Nashua Board of Aldermen schedule and conduct a hearing pursuant to NRO §220-10,B(l)(2) and RSA 398:5 and, following the hearing, revoke Pawnbroker and Secondhand Dealer license number 29 issued to Nashua Pawn. This request for license revocation is based on the police investigation and arrest of Carl Branco, owner of Nashua Pawn, for the Class A felony of receiving of stolen property in violation of RSA 637:7,637:1. Following the police investigation, it was determined that Mr. Branco purchased in excess of566 stolen gift cards in 2014 as well as another 100 plus stolen items worth thousands of dollars. Our police investigation also found that Nashua Pawn had failed to maintain possession of all pawn property for 30 days subsequent to their purchase in violation of NRO §220-7. Nashua Pawn is located at 83 Main Street, Nashua, NH and Carl Branco, the owner, has a mailing address of 3 Briarwood Lane, Litchfield, NH 03052. Please notify me when a hearing has been scheduled and I will have the detectives who were involved in this investigation and arrest attend the hearing to provide the necessary information regarding the investigation. City of Nashua Office of the Chief Financial Officer 229 Main Street - Nashua, NH 03060 (603) 589-3171 Fax (603) 589-3233 TO: Members of the Board of Aldermen FROM: John L. Griffin, Chief Financial Officer DATE: November 18,2014 RE: Fiscal Note for Amended Resolution R-14-082 Per Mayor Lozeau's request, please find below the Fiscal Note for Amended Resolution R-14-082. The bond would be sold in late FY 15 for a twenty (20) year term for the amount of $1,500,000. It is estimated the interest rate will be approximately 4.0% and the total cost of the bond over the 20 years will be $2,130,000 including interest. The average annual payment will be approximately $106,500 and it is planned to have payments beginning in FY 16. R-14-052 AMENDED RESOLUTION RELATIVE TO THE TRANSFER OF FUNDS FOR THE ASSESSMENT AND DESIGN OF A NEW CITYWIDE TELECOM SYSTEM CITY OF NASHUA In the Year Two Thousand and Fourteen RESOLVED by the Board of Aldermen of the City of Nashua that the following transfers are approved to fund the costs associated with the hiring of a consultant to design a new telephone system and prepare a request for proposals that will be issued to vendors to install the new telephone system. To achieve “current state” documentation, a consultant will assist us in discovery and network design and be the solutions architect that will partner with us to design a citywide telecommunications strategy. Such transfers are shown below: FROM: Department 130 Purchasing, 51 Salaries & Wages $20,000 Department 150 Police, 53 Professional & Technical Services $ 2,500 Department 152 Fire, 53 Professional & Technical Services $ 2,500 Department 191 School, 53 Professional & Technical Services $ 5,000 TO: Department 122 Information Technology, 53 Professional Services $30,000 FISCAL NOTE: The transfers will fund the cost of a consultant to design and determine the cost of a new telephone system. This work will identify the project costs prior to issuing an RFP. The transfers will reduce the FY2015 appropriations in Department 130 Purchasing by $20,000, Department 150 Police by $2,500, Department 152 Fire by $2,500 and Department 191 School by $5,000. The transfers will increase the FY2015 appropriations in Department 122 Information Technology by $30,000. AMENDED R-14-086 RESOLUTION 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 ALDERMEN FOR FIVE YEARS CITY OF NASHUA In the Year Two Thousand and Fourteen RESOLVED by the Board of Aldermen of the City of Nashua that the attached lease shall be the model lease for office space at the Hunt Building. No lease shall have a term of longer than five (5) years, including any renewal options, unless such lease is approved by the board of aldermen. RESOLVED FURTHER, that the Hunt Memorial Building Board of Trustees will annually provide the Board of Aldermen a model lease for their approval. The approved model will be used for all leases during the next one-year timeframe. RESOLVED FURTHER, that the Hunt Memorial Building Board of Trustees are authorized to use the annually approved model lease to enter into leases for Hunt Memorial Building office space without further approval of the Board of Aldermen. RESOLVED FURTHER, that leases, once approved by the trustees, will be provided to the Finance Committee as a communication at the meeting immediately following the lease signing. 6 Main Street Office Lease This LEASE entered into this day _, 20 , by and between the City of Nashua, New Hampshire (“Lessor”) and _ (“Lessee”), which including any extensions or renewals is referred to herein as the “Lease.” In and for the mutual covenants set forth herein, and other good and valuable consideration paid, the parties agree as follows: 1. LEASE OF PREMISES AND TERM The Lessor leases to the Lessee office space # within the property situated at 6 Main Street, Nashua, New Hampshire depicted on Attachment A (showing both exclusive and non- exclusive space) and subject to the terms of this agreement (“Premises”). The original term of this Lease shall commence on the day of , 20 and shall expire on the ___day of ______, 20 . Upon the end of the term of this Lease, the Lessee shall vacate the Premises and deliver up the Premises to Lessor in substantially the same condition as when this Lease commencement, reasonable wear and tear excepted, free and clear of Lessee’s property, or claims of any sort. Any property of the Lessee remaining on the Premises 7 days after Lessee has vacated, may be disposed of by the Lessor, at its sole discretion. 2. EXTENSION OF LEASE REQUEST If Lessee is current on all obligations of the Lease, Lessee may request, on mutually agreeable terms with Lessor, up to 3 one year lease extensions. Such request shall be in writing and be sent to Lessor no later than 90 days prior to then-current Lease termination date. . Lessor shall respond in writing within 30 days after receiving such request. If no written response is received by the Lessee from the Lessor, the request is deemed denied. Rent will be subject to increase based on current CPI rate, not to exceed 3%. 3. RENT The rent for said term shall be $ ; per month, payable on the first day of each month. Lessee will owe a prorated amount for any partial months when Lease commences on a day other than the first of the month. A late fee of $50 will be charged on the 10th day of the month if rent has yet to be received. A twenty five dollar ($25) fee is charged for the first returned check. After a second check is returned, a fifty dollar ($50.00) fee will be assessed, no further personal checks will be accepted and payment must be made in cash, cashier’s check or money order. 4. DEPOSIT A security deposit, equal to one month’s rent, is due at the time Lessee signs the Lease. Thirty (30) days after Lessee vacates the Premises, provided all rents and charges due Lessor by Lessee are fully paid and the Premises are left in a clean and rentable condition, having been cleaned and all other obligations under the Lease have been performed, the security deposit shall be returned by Lessor to Lessee. The security deposit may be forfeited by Lessee in whole or in part if: (i) any unpaid sums are due by Lessee to Lessor; (ii) the Premises is not left in the same clean condition as when the tenancy began; (iii) the Premises has not been cleaned and repaired after Lessee vacates, (iv) any notice, obligations or provisions provided in this Lease have not been met; (v) any utilities remain unpaid; or (vi) repair is necessary to the Premises, or fixtures (reasonable wear and tear excepted). Lessor shall provide Lessee with a breakdown of the forfeited funds within thirty (30) days of the completion of any cleaning or repair work or payment of the expense incurred. If said sum exceeds the security deposit, Lessee shall be responsible to pay said excess sum immediately to the Lessor upon invoice. The security deposit shall not be used by Lessee as the last month’s rent. 5. PAYMENT OF REAL AND PERSONAL PROPERTY TAXES Lessee shall be solely responsible for the payment of all properly assessed real and personal property taxes on the Premsies no later than the due date of said taxes. Lessee shall be required to pay real or personal property taxes on improvements added by Lessee during the term of this Lease. Should Lessee believe that it is entitled to an exemption from such real or personal property taxes, Lessee may apply for same to the board of tax assessors pursuant to applicable statutes, laws and/or regulations. The failure of the Lessee to pay the duly assessed personal and real estate taxes when due shall be cause to terminate this Lease by the Lessor. 6. UTILITIES The Lessor shall provide electricity and heating on the Premises. The Lessor will have control of thermostat settings and maintain a comfortable working climate. Lessee is responsible for all telephone and any other telecommunications and internet connections and charges. Lessor does not warrant the quality or adequacy of the utilities or services specified above, nor does Lessor warrant that any of the utilities or services specified above will be free from interruption caused by repairs, improvements, or alterations of the building or the Premises or any of the equipment and facilities of the building, any labor controversy, or any other causes of any kind beyond Lessor ‘s reasonable control. Any such interruption--and any other inability on Lessor’s part to fulfill Lessor’s lease obligations resulting from any such cause--will not be considered an eviction or disturbance of Lessee’s use and possession of the Premises, or render Lessor liable to Lessee for damages, or relieve Lessee from performing Lessee’s Lease obligations. 7. LESSOR’S MAINTENANCE The Lessor, at its cost, shall maintain, in good condition, the structural parts of the Premises including foundations, exterior walls, HVAC and existing fire and safety systems. 8. PUBLIC AREAS Lessee shall have access, but not exclusive access, to the common meeting areas on the main floor and on the grounds subject to the Board of Trustee’s policy regarding such use as the same may be amended from time to time. Availability will be reserved with the Building Administrator. Common areas reserved by the Lessee will be cleaned and returned to their original condition at the end of Lessee’s use of the space at the sole responsibility and expense of the Lessee. 9. MAINTENANCE/SECURITY In keeping with the historical nature of the building and especially respecting the most recent renovations, the Lessee shall, at its own expense, maintain and clean portions of the Premises identified as Lessee‟s exclusive area on Attachment A. The Lessee shall be liable for any damage to any portion of the Premises depicted on Attachment A resulting from the acts or omissions of the Lessee, its authorized representatives, agents and invitees. Lessee shall be responsible for collecting its own trash and proper disposal into the Lessor provided trash and recyclable barrels in the lower level of the building. All common restrooms and hallways will be maintained by the Lessor and it shall be understood that the Lessee‟s cooperation in good faith will be necessary. Lessor will be responsible for snow removal from all sidewalks and entryways. Lessee is responsible for securing and locking its exclusive area as well as any public/common areas used by the Lessee. 10. PARKING Lessor is not providing any parking as part of this Lease. Lessee is responsible to follow both metered and non-metered parking ordinances and shall be solely responsible for tickets and/or citations resulting from its violations of such ordinances. 11. ALTERATIONS Structural, interior and/or exterior alterations to the premises must be submitted by the Lessee to the Lessor in writing in a detailed project plan for approval. The Lessee shall not make any structural, interior or exterior alterations to the Premises without the written prior consent of the Lessor and the Historic District Commission‟s approval when applicable. The Premises shall be returned to its original condition prior to termination of the Lease by the Lessee and at the Lessee’s sole expense. 12. Signage Exterior signage will be provided by the Lessor in keeping with the historic nature of the property and complying with the Historic District Commission guidelines. Interior signage will be provided by the Lessee on the exterior wall of the Lessee’s office suite. Nothing is to be hung on or adhered to on the custom doors and/or the oringal wood work throughout the building. 13. INSURANCE REQUIREMENTS OF LESSEE Lessee will, prior to the execution of this agreement, file with the City of Nashua Risk Manager a certificate of insurance evidence general liability coverage in the amount of $1,000,000 per occurrence and $2,000,000 aggregate, naming the City of Nashua as an additional insured. Lessee shall furnish proof of property coverage for the value of contents. The City of Nashua requires thirty days notice of cancellation or material change in coverage. The cost of said insurance shall be borne by the Lessee solely. It is the responsibility of the Lessee to file with the City of Nashua Risk Manager updated certificates of insurance upon renewal. Failure to meet all insurance requirements shall constitute a default of the Lease and may result in immediate termination of this Lease and evacuation of the Premises. 14. PROPERTY OF LESSEE, LIABILITY AND INDEMNITY All property of Lessee kept, stored or maintained on the Premises shall be at the sole risk of the Lessee. Lessor shall not be responsible for the loss of or damage to property or injury to persons, occurring in or about the Premises, by reasons of any acts, omissions or negligence of other persons or Lessee in and about the Premises, or by reason of accident, or for no reason. Lessee shall defend, indemnify and hold the Lessor harmless from all claims and liabilities for losses of or damage to property or injuries to persons occurring in or about the premises caused by Lessee’s negligent acts or omissions. Said indemnification shall include all claims and liabilities and losses as well as any and all incurred legal fees and costs. Lessor is not responsible for Lessee’s furnishings or personal property in the event of fire or other casualty. For purposes of this paragraph, “Lessor” shall include the landlord and its agents, inlcuing the Hunt Building Board of Trustees. 15. COVENANT TO HOLD HARMLESS Regardless of any coverage provided by any insurance, Lessee agrees to indemnify and shall defend and hold harmless the Hunt Building, the City, its agents, officials, employees and authorized representatives and their employees from and against any and all suits, causes of action, legal or administrative proceedings, arbitrations, claims, demands, liabilities, interest, attorney‟s fees, costs and expenses of any kind or nature in any manner caused, occasioned, or contributed to in whole or in part by reason of any negligent act, omission, or fault or willful misconduct, whether active or passive, of Lessee or of anyone acting under its direction or control or on its behalf in connection with or incidental to the performance of this rental agreement. Lessee‟s indemnity, defense and hold harmless obligations, or portions thereof, shall not apply to liability caused by the sole negligence or willful misconduct of the Lessor. 16. NOTICES All notices and reports required herein shall, if directed to the Lessor; hand delivered to the Building Administrator on the Premises, and if to the Lessee; mailed postage pre-paid, to: Name Street Address City/State/Zip 17. SUPERSESSION/INTEGRATION/MATERIAL TERMS/WAIVERS This Lease supersedes and replaces any prior Lease or other agreement between the parties hereto and is a fully integrated document to be interpreted in accordance with its express terms and without reference to other documents or oral interchanges between the parties. All terms of this Lease are material terms and are to be fully complied with. A waiver of compliance on any occasion shall not be deemed to constitute an agreement to waiver on any other occasion. 18. PROHIBITION AGAINST ASSIGNMENT The Lessee shall not assign this Lease without first obtaining the Lessor’s written consent which may or may not be given in the discretion of the Lessor. 19. LESSOR’S RIGHT OF ENTRY The Lessor and the Lessor‟ s authorized representatives shall have the right to enter the Premises at all times for any reasonable purposes inlcuding but not limited to: to determine whether the Premises are in good condition and whether the Lessee is complying with its obligations under this agreement; or to do any necessary maintenance or to make any restoration to the Premises. The Lessor shall endeavor to give reasonable notice of its intent to enter the Premises pursuant to this section in non-emergency situations. Lessor shall have the right to enter in any emergency without prior notice. 20. CONFORMANCE WITH THE LAW In all actions permitted hereby by the Lessee shall conform to all pertinent federal, state and local laws, whether statutory or decisional. The Lessee shall not violate any law, building or fire code, act without a requisite license or permit or suffer or allow a violation of law to occur on the Premises. 21. HOLDOVER If Lessee shall remain in possession of the Premises after the termination date or earlier termination of the Lease then the Lessee shall be deemed a Tenant-at-Will whose tenancy is terminable at any time. All terms of this Lease including rent shall remain in full effect. Additionally, Lessee shall pay to Lessor all damages incurred by Lessor on account of such holding over by Lessee. 22. NO ASSIGNMENT OR SUBLEASE Lessee shall not assign to a third party any obligation or right under this lease. Lessee shall not sublet all or any part of the Premises. 23. DEFAULT BY LESSEE The following shall be deemed to be events of default by Lessee under this Lease: (a) Lessee shall fail to pay any installment of the Rent and/or late fee within 10 days when due. (b) Lessee hereunder shall file a petition or be adjudged bankrupt or insolvent under any applicable federal or state bankruptcy or insolvency law or admit that it cannot meet its financial obligations as they become due, or a receiver or trustee shall be appointed for all or substantially all of the assets of the Lessee, and not dismissed within sixty (60) days after commencement of such action, unless such action is commenced by Lessee, in which case there shall be no grace period. (c) Lessee shall make a transfer in fraud of creditors or shall make an assignment for the benefit of creditors. (d) Lessee shall do or permit to be done any act which results in a lien being filed against the Premises or the real property upon which the Premises are located which is not satisfied by payment, bond or other security satisfactory to Lessor in its sole discretion within sixty (60) days after Lessee has notice thereof. (e) The liquidation, termination, dissolution or (if the Lessee is a natural person) the death of Lessee. (f) Lessee shall assign or attempt to assign any of the rights or obligations under this Lease. (g) Lessee shall be in default of any other term, provision or covenant of this Lease, other than as specified in subparagraph (a) through (e) above, and such default is not cured within thirty (30) days after written notice thereof from Lessor to Lessee, unless such default, if capable of being cured, cannot reasonably be cured within said thirty (30) days and cure is promptly commenced within said thirty (30) day period and is being diligently pursued to completion. 24. REMEDIES FOR LESSEE‟S DEFAULT Upon the occurrence of any event of default set forth in the Lease, Lessor shall have the option to pursue any one or more of the following without notice or demand: (a) Without declaring the Lease terminated, Lessor may enter upon and take possession of the Premises and expel or remove Lessee and any other person who may be occupying all or any part of the Premises without being liable for any claim damages, and shall use reasonable efforts to relet the Premises on behalf of Lessee and receive the rent directly by reason of such reletting. Lessee agrees to pay Lessor upon demand any deficiency that may arise by reason of any reletting of the Premises; further, Lessee agrees to reimburse Lessor for any reasonable expenditure made by it in order to relet the Premises, including but not limited to repair costs. (b) Without declaring the Lease terminated, Lessor may enter upon the Premises without being liable for any claim for damages, and perform Lessee‟s obligations under the Lease. Lessee agrees to reimburse Lessor on demand for any reasonable expenses which Lessor may incur in effecting compliance with Lessee‟s obligations under this Lease; further Lessee agrees that Lessor shall not be liable for any damages resulting to Lessee from effecting compliance with Lessee‟s obligations under this Lease unless such damages are caused by the gross negligence or willful misconduct of Lessor. (c) Lessor may terminate this Lease, in which event Lessee shall immediately surrender the Premises to Lessor, and if Lessee fails to surrender the Premises, Lessor may, without prejudice to any other remedy which it may have for possession or arrearages in rent enter upon and take possession of the Premises and expel or remove Lessee and any other Lessee who may be occupying all or any part of the Premises without being liable for any claim for damages. Lessee agrees to pay on demand the amount of all loss and damage which Lessor may suffer for any reason due to the failure of Lessee to maintain and/or repair the Premises prior to the termination of the Lease as required hereunder and/or due to the inability of Lessor to relet the Premises on satisfactory terms or otherwise. All rights and remedies of Lessor herein or existing at law or in equity are cumulative and the exercise of one or more rights or remedies shall not be taken to exclude or waive the right to the exercise of any other. Failure of Lessor to declare an event of default immediately upon its occurrence, or delay in taking any action in connection with an event of default, shall not constitute a waiver of the default, but Lessor shall have the right to declare the default at any time and take such action as is lawful or authorized under this Lease. Pursuit of any one or more of the remedies shall not preclude pursuit of any one or more of the other remedies provided elsewhere in this Lease or provided by law, nor shall pursuit of any remedy hereunder or at law constitute a forfeiture or waiver of any rent or damages accruing to Lessor by reason of the violation of any of the terms, provision or covenants of this Lease. Failure by Lessor to enforce one or more of the remedies provided hereunder or at law upon any event of default shall not be deemed or construed to constitute a waiver of the default or of any other violation or breach of any of the terms, provisions or covenants contained in this Lease. Lessor may collect and receive rent due from Lessee without waiving or affecting any rights or remedies that Lessor may have at law or in equity or by virtue of this Lease at the time of such payment. Institution of a forcible detainer action to re-enter the Premises shall not be construed to be an election by Lessor to terminate this Lease. All waivers made pursuant to the terms and provisions of this Lease must be in writing and signed by the waiving party. Lessee is responsible for any and all costs incurred by Lessor including reasonable attorney’s fees and court costs in seeking to terminate this Lease and/or recover any past due rental payments, fees or other charges or in enforcing any of its rights under this Lease or applicable law. 25. APPLICABLE LAW This Lease shall be governed by and construed in accordance with the laws of the State of New Hampshire and all actions, suits and claims brought to enforce the terms of this Lease shall be brought in a court of competent jurisdiction in the State of New Hampshire. 26. TERMINATION. Either party shall have the right to terminate this Lease upon thirty (30) days written notice to the other party. 27. Lessee’s Conduct, Smoking Smoking is prohibited inside the Premises. No article or substance shall be kept, sold or distributed on or from the Premises which is illegal, noisy, dangerous or which might increase the insurance risk of the leased premises. Misuse or vandalism of Premises by Lessee or Lessee’s invitees, guests or licensees is grounds for termination of tenancy. If damages occur to Premises, Lessee shall be responsible for the costs of repair. In the event the security deposit does not fully compensate Lessor for damages, Lessee shall be chargeable for any such shortfall. 28. Locks and Keys. Locks must not be changed nor may additional locks be installed without the prior written consent of Lessor. Lessee shall return to Lessor all keys to Premises within one (1) day of vacating Premises. Failure to return keys upon vacating Premises will result in a Fifty Dollar ($50.00) charge per day until keys are returned. 29. Policies, Rules and Regulations. Lessee must abide by any policies, rules or regulations adapted by Lessor, including the Hunt Building Board of Trustees, for the Hunt Building. The Hunt Building By: ______________________ Donnalee Lozeau, Mayor Lessee By: ______________________ Print Name:___________________________
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