Aldermen, Board of

A regular meeting of the Board of Aldermen was held Tuesday, August 11, 2015, at 7:32 p.m. in the Aldermanic Chamber. President David W. Deane presided; City Clerk Patricia D. Piecuch recorded. Prayer was offered by City Clerk Patricia D. Piecuch; Alderwoman Pamela T. Brown 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 – There were none. RECOGNITION PERIOD – None READING MINUTES OF PREVIOUS MEETINGS MOTION BY ALDERMAN McCARTHY THAT THE MINUTES OF THE BOARD OF ALDERMEN MEETING OF JULY 14, 2015, BE ACCEPTED, PLACED ON FILE AND THE READINGS BE SUSPENDED MOTION CARRIED COMMUNICATIONS MOTION BY ALDERMAN CHASSE THAT ALL COMMUNICATIONS BE READ BY TITLE ONLY MOTION CARRIED From: David W. Deane, President, Board of Aldermen Re: Committee Assignments MOTION BY ALDERMAN CHASSE TO ACCEPT, PLACE ON FILE AND CONCUR WITH THE COMMITTEE ASSIGNMENTS FOR THE REMAINDER OF THE 2014-2015 TERM ON THE QUESTION Alderwoman Melizzi-Golja For those who may not have the documents in front of them, would Alderman Chasse just explain what this communication is about? Alderman Chasse It’s about the new committee assignments that the President made up due to the fact that we have a new member to the Board of Aldermen, replacements and stuff like that. Alderwoman Melizzi-Golja I believe Alderman Cookson is taking all of Alderman Sheehan’s positions except for Human Affairs, is that correct? President Deane That is correct and none of the leadership will change, the Vice Chair’s, none of those have been changes. Those are to remain and Alderman McGuinness is going to remain on Human Affairs and Board of Aldermen – 8/11/15 Page 2 Alderman Cookson is going to pick up the balance of everything else. Alderwoman Melizzi-Golja Thank you. MOTION CARRIED From: Stephen Dookran, P.E., City Engineer Robert Saunders, P.E., Senior Staff Engineer Re: (R-15-160) Approval of a Three-Way Agreement for East Hollis Street Railroad Crossing and Transferring Funds MOTION BY ALDERMAN McCARTHY TO ACCEPT AND PLACE ON FILE MOTION CARRIED From: Patricia Piecuch, City Clerk Re: Proposed City Charter Amendment – R-15-126 MOTION BY ALDERMAN CHASSE TO ACCEPT AND PLACE ON FILE MOTION CARRIED From: Mayor Donnalee Lozeau Re: FY2016 Like for Like Escrows MOTION BY ALDERMAN WILSHIRE TO ACCEPT AND PLACE ON FILE MOTION CARRIED PERIOD FOR PUBLIC COMMENT RELATIVE TO ITEMS EXPECTED TO BE ACTED UPON THIS EVENING PETITIONS – None NOMINATIONS, APPOINTMENTS AND ELECTIONS MOTION BY ALDERMAN CHASSE THAT THE RULES BE SO FAR SUSPENDED AS TO ALLOW FOR THE READING OF A MAYORAL APPOINTMENT RECEIVED AFTER THE AGENDA WAS PREPARED MOTION CARRIED The following Appointment by the Mayor was read into the record: Nashua Arts Commission Tracy Hatch (New Appointment) Term to Expire: September 1, 2018 31 Pennichuck Street Nashua, NH 03064 MOTION BY ALDERMAN CHASSE TO ACCEPT THE APPOINTMENT BY THE MAYOR AS READ AND REFER IT TO THE PERSONNEL/ADMINISTRATIVE AFFAIRS COMMITTEE MOTION CARRIED Board of Aldermen – 8/11/15 Page 3 REPORTS OF COMMITTEE Finance Committee............................................................................. 07/15/15 There being no objection, President Deane declared the report of the July 15, 2015 Finance Committee accepted and placed on file. Finance Committee............................................................................. 08/05/15 There being no objection, President Deane declared the report of the August 5, 2015 Finance Committee accepted and placed on file. Committee on Infrastructure Site Visit: 86-87 Palm Street ................. 07/08/15 There being no objection, President Deane declared the report of the July 8, 2015 Committee on Infrastructure Site Visit accepted and placed on file. Committee on Infrastructure .............................................................. 07/08/15 There being no objection, President Deane declared the report of the July 8, 2015 Committee on Infrastructure accepted and placed on file Committee on Infrastructure .............................................................. 07/29/15 There being no objection, President Deane declared the report of the July 29, 2015 Committee on Infrastructure accepted and placed on file. Planning & Economic Development Committee .................................. 07/07/15 There being no objection, President Deane declared the report of the July 7, 2015 Planning & Economic Development Committee accepted and placed on file. WRITTEN REPORTS FROM LIAISONS - None CONFIRMATION OF MAYOR'S APPOINTMENTS – None UNFINISHED BUSINESS – RESOLUTIONS R-15-110 Endorser: Mayor Donnalee Lozeau ESTABLISHING AN EXPENDABLE TRUST FUND FOR STATE EMPLOYER PENSION COSTS AND APPROPRIATING $2,730,000 FROM FUND BALANCE ASSIGNED FOR THIS PURPOSE INTO THE EXPENDABLE TRUST FUND  Amended & Tabled – 2/24/15 Board of Aldermen – 8/11/15 Page 4 R-15-156 Endorsers: Mayor Donnalee Lozeau Alderwoman Pamela T. Brown Alderwoman Mary Ann Melizzi-Golja AUTHORIZING THE CITY OF NASHUA TO ENTER INTO CONTRACTS WITH NASHUA COMMUNITY COLLEGE, RIVIER UNIVERSITY, DANIEL WEBSTER COLLEGE, TOWN OF HUDSON, TOWN OF MERRIMACK, SOUHEGAN VALLEY TRANSPORTATION COLLABORATIVE, AND THE PLUS COMPANY FOR TRANSIT SERVICES Given its second reading; MOTION BY ALDERWOMAN BROWN FOR FINAL PASSAGE OF R-15-156 MOTION CARRIED Resolution R-15-156 declared duly adopted. R-15-157 Endorsers: Mayor Donnalee Lozeau Alderman-at-Large Lori Wilshire Alderwoman Pamela T. Brown Alderwoman Mary Ann Melizzi-Golja Alderman-at-Large Jim Donchess Alderman June M. Caron Alderman David Schoneman Alderman Richard A. Dowd Alderman-at-Large Brian S. McCarthy Alderman-at-Large David W. Deane RELATIVE TO THE ACCEPTANCE AND APPROPRIATION OF $170,000 IN FUNDS AND EQUIPMENT FROM THE LEADERSHIP GREATER NASHUA CLASS OF 2012 LEGACY PLAYGROUND GROUP TOWARDS AN ACCESSIBLE PLAYGROUND AT LABINE PARK Given its second reading; President Deane For everyone’s information, the Board of Public Works gave this a favorable recommendation on the 16th day of July. MOTION BY ALDERMAN WILSHIRE FOR FINAL PASSAGE OF R-15-157 ON THE QUESTION Alderman Chasse I am happy to see this go through but I don’t like that last statement that’s made in there. What is the purpose of the $15,000 if we don’t have it done by a particular date? Mayor Lozeau The $15,000; Alderman Chasse, is a grant from a group called “KaBOOM!” and they had approved that grant some time ago for the group and they have extended the deadline more than once so if we are not able to do it by that date, that $15,000 is in jeopardy. It would mean that we would take something out of the park instead of purchasing a piece of equipment that it could be used toward. Board of Aldermen – 8/11/15 Page 5 Alderman Chasse Otherwise the “KaBOOM!” goes caput. President Deane That’s what it sounds like. Mayor Lozeau I would agree. Alderman Chasse Thank you. MOTION CARRIED Resolution R-15-157 declared duly adopted. UNFINISHED BUSINESS – ORDINANCES NEW BUSINESS – RESOLUTIONS R-15-158 Endorser: Mayor Donnalee Lozeau APPROVING A FIVE YEAR FOURTH AMENDMENT TO A LICENSE AGREEMENT WITH UNITED PARCEL SERVICE, INC. FOR PARKING ON WHIPPLE STREET FOR MINE FALLS PARK Given its first reading; assigned to the COMMITTEE ON INFRASTRUCTURE by President Deane R-15-159 Endorser: Mayor Donnalee Lozeau Alderman-at-Large Lori Wilshire AUTHORIZING THE SALE OF TAX DEEDED PROPERTY LOCATED ON MARLBORO STREET AND WESTLAND AVENUE TO PENNICHUCK WATER WORKS, INC. Given its first reading; assigned to the COMMITTEE ON INFRASTRUCTURE by President Deane R-15-160 Endorser: Mayor Donnalee Lozeau AUTHORIZING THE MAYOR TO ENTER INTO A RAILROAD AGREEMENT WITH THE STATE OF NEW HAMPSHIRE AND PAN AM RAILWAYS FOR THE PURPOSE OF REPLACING A RAILWAY HIGHWAY CROSSING ON EAST HOLLIS STREET Given its first reading; MOTION BY ALDERMAN McCARTHY THAT THE RULES BE SO FAR SUSPENDED AS TO ALLOW FOR THE SECOND READING OF R-15-160 MOTION CARRIED Resolution R-15-160 given its second reading; MOTION BY ALDERMAN McCARTHY FOR FINAL PASSAGE OF R-15-160 Board of Aldermen – 8/11/15 Page 6 ON THE QUESTION Alderman Chasse Why is this not going to committee? President Deane There was a memo that we accepted and placed on file earlier and we have a September 15th deadline I believe it was for the funding. Alderman Chasse So it’s time sensitive? President Deane Yes. Alderman Chasse Thank you. President Deane Is there any further discussion? Alderman Cookson When is our next Board of Aldermen meeting? President Deane It is on September 9th but that doesn’t assure the fact that once it went into committee whether it would come back out in time. Alderman Cookson Understood, I was just curious when the next one was. President Deane I am kind of looking forward to the piece of roadway and the tracks being fixed. Alderman Cookson Yes, I am too; thank you. MOTION CARRIED Resolution R-15-160 declared duly adopted. Board of Aldermen – 8/11/15 Page 7 R-15-161 Endorser: Alderman-at-Large Lori Wilshire APPROVING AN AGREEMENT WITH THE NASHUA TOWING AND RECOVERY ASSOCIATION Given its first reading; assigned to the FINANCE COMMITTEE by President Deane R-15-162 Endorser: Mayor Donnalee Lozeau RELATIVE TO THE RE-APPROPRIATION OF FISCAL YEAR FY2016 ESCROWS Given its first reading; assigned to the BUDGET REVIEW COMMITTEE by President Deane R-15-163 Endorser: Mayor Donnalee Lozeau Alderman-at-Large Lori Wilshire Alderwoman Pamela T. Brown Alderwoman Mary Ann Melizzi-Golja Alderman Ken Siegel Alderman June M. Caron Alderman Richard A. Dowd RELATIVE TO THE ACCEPTANCE AND APPROPRIATION OF $94,500 FROM THE STATE OF NEW HAMPSHIRE, DEPARTMENT OF SAFETY, INTO “WASTEWATER GRANT ACTIVITY, “2014 STATE HOMELAND SECURITY PROGRAM (SHSP) GRANT” Given its first reading; assigned to the HUMAN AFFAIRS COMMITTEE by President Deane NEW BUSINESS – ORDINANCES O-15-058 Endorser: Alderman-at-Large Lori Wilshire Alderwoman Pamela T. Brown AUTHORIZING DISCOUNTED LEASED ROOFTOP PARKING SPACES AT THE HIGH STREET PARKING GARAGE FOR UP TO 8 RESIDENTS OF DALIANIS HOUSE Given its first reading; assigned to the COMMITTEE ON INFRASTRUCTURE by President Deane O-15-059 Endorser: Alderman Paul M. Chasse, Jr. REMOVING THE FIFTEEN-MINUTE PARKING TIME LIMIT ON A PORTION OF THE WEST SIDE OF ASH STREET Given its first reading; assigned to the COMMITTEE ON INFRASTRUCTURE by President Deane O-15-060 Endorser: Alderman-at-Large Daniel T. Moriarty Alderman-at-Large Jim Donchess AMENDING THE PARKING METER ORDINANCE TO PERMIT THE USE OF METER BAGS FOR WEDDINGS Given its first reading; assigned to the COMMITTEE ON INFRASTRUCTURE by President Deane O-15-061 Endorser: Alderman Paul M. Chasse, Jr. Alderman Michael Soucy ALLOWING PERMITTED OVERNIGHT ON-STREET PARKING ON A PORTION OF WILDER STREET Given its first reading; assigned to the COMMITTEE ON INFRASTRUCTURE by President Deane Board of Aldermen – 8/11/15 Page 8 O-15-062 Endorsers: Alderman-at-Large Jim Donchess Alderman Richard A. Dowd ESTABLISHING A 25 M.P.H. SPEED LIMIT ON BEAUVIEW AVENUE Given its first reading; assigned to the COMMITTEE ON INFRASTRUCTURE by President Deane PERIOD FOR GENERAL PUBLIC COMMENT Ms. Mary Elizabeth Carroll – 91 ½ Chandler Street I went to the Board of Health a couple of weeks ago because I am on fire and I told her that I had a Board of Health issue and she told me to go to Community Council. It is her issue, it’s been going on for two years and I would like some help and get someone to believe me because she doesn’t believe me. The environment affects the whole world. It is an allergy; I don’t know what type it is because she won’t tell me. I know that she was at two businesses two years ago. I don’t know what to do. My son has a girlfriend and he doesn’t believe me either because he is not feeling it, it’s an allergy. I don’t know where to go for help. I tried the doctor route and they threw me in the mental ward six times. The physical doctors never heard of burning for an allergy. Thank you. Mr. Dave Wendt, 4 Melissa Drive I am here to talk about the absentee election for your September 8th Mayoral Primary. I registered for an absentee ballot on July 28th. I have proceeded now today to call and ask where my ballot is because I am leaving and I want to know how I can vote. They proceeded to tell me that “we don’t have them yet.” If you read anything with regard to title Elections, 15-9, it’s all 45 days, everything is 45 days. You have to apply 45 days ahead and I was 46 or 42 or something like that. Now we are sitting here with an election taking place within 30 days and we have no absentee ballots. How are you going to mail these to military people, it’s impossible. How are you going to mail them to anybody that’s travelling out of the state or out of the country, it’s impossible. What the clerk who I spoke to said that we are supposed to have these in our hands 30 days prior to the election and that happens to be the 8th and that’s passed. Somebody is not on the ball here because we are technically violating a law somewhere that says we should have these election absentee ballots for these people to use. What good is having an absentee ballot if you don’t have the ballots? It’s just really frustrating. Thank you. President Deane We will look into that, Mr. Wendt. Mr. Eric Brand, 19 Eastbrook Drive I am the leader of the Legacy Playground Group and I’ve had a couple of wows tonight. First is that I can’t believe that I am still at a Board of Aldermen meeting and it’s this quick. My second wow is that I am kind of speechless tonight which some of you might find hard to believe. This has been a long journey and we have gone through a lot of things to be able to make this a reality. Hopefully this reality comes to fruition before the end of the year as our hope is. We are all very excited and happy to move on so thank you all very much. President Deane Good luck with your project, Eric. Board of Aldermen – 8/11/15 Page 9 REMARKS BY THE MEMBERS OF THE BOARD OF ALDERMEN Alderman Wilshire Tomorrow at 12:00 p.m. there will be a ribbon cutting for the medical and dental clinic at Harbor Homes. They are now providing medical care and dental care which is really a good service to our homeless constituents. Thank you. Alderwoman Brown There will be a Neighborhood Watch meeting next Tuesday, August 18th at St. Louis Church on West Hollis Street. It’s for Ward 4 and it’s a new location and a new time. That’s Tuesday, August 18 th. Since filing period is coming up for the office of Aldermen I just would like to announce that I have decided not to run for re-election and I’d like to thank my colleagues, Mayor Lozeau and staff and most importantly my constituents for this opportunity to serve. Thank you. Alderwoman Melizzi-Golja I know a lot of us hate to think about it but we will soon be starting school again and just as an invitation to all of you personally to attend the Nashua Goes Back to School event. It will be held on August 27th at Library Plaza from 5:00 p.m. – 6:30 p.m. We hope to see you there and let’s hope that we have a sunny day. Thank you. Alderman Donchess Just so we know what the absentee ballot situation is; would it be appropriate to ask the City Clerk when the ballots may be available? Ms. Piecuch After the filing period had closed on Friday and the drawing of the names the information was submitted to the company that will be printing the ballots. I approve the ballot proof yesterday so hopefully within two to three days we will have the ballots. According to state law there is no set time as far as when ballots for delivery is except for those individuals who are in the military that qualify as what we call a “UOCAVA voter” (Uniformed Overseas Citizen Absentee Voting Act) Those ballots for federal and state elections have to be available 45 prior to the elections but that law, according to the Secretary to State’s office, does not apply to local elections. Alderman Donchess As I understand the procedure once you do have the ballots, if a person is not going to be in town they can show up at your office and just vote. If they come in they can just vote there and leave the ballot with the City Clerk’s office. Ms. Piecuch That is correct and as soon as we do receive the ballots, we do have absentees on hand and those ballots will go out automatically that day. Alderman Soucy Now that we are in the height of our election cycle, I too wanted to make an announcement and let my colleagues know first that after serving four years as a Fire Commissioner and now two years having the privilege of sitting in the Ward 5 chair, I have decided to not run for re-election. I am going to spend Board of Aldermen – 8/11/15 Page 10 more time with my family and get my kid through college, I’ve got added work responsibilities and to do this job right I think we need somebody who really needs to put all of this time in. I am doing this in the hope that somebody in Ward 5 will step up to the plate and give him or her enough time to actually put a good campaign together. I’ll send my thanks in December because I’m not gone yet; I’ve still got some legislation that I want to push through in the next four months but it’s been a privilege that the people of Ward 5 allowed me to sit in their chair, thank you. Alderman Caron First of all I would like to announce that the art’s show this weekend at Greeley Park; they were kind enough that we found all of the Summer Fun posters, there’s about 17 of them and they will be on display this weekend because a lot of them were done by local artists like Calvin Levi and a lot of the art students. I will be at the booth all weekend to talk about Summer Fun. There was a question as to why we went from Summer Fest to Summer Fun. President Deane That was a law suit, right? Alderman Caron No, it was a Cease and Desist Order from the Wisconsin Cheese Fair because they had a Chees Fest or something. Please take time to come down and see the posters, they are quite unique. I’m glad that Mrs. Murphy kept calling me because she found them in the basement of Greeley Park, which really upset me but anyway we are going to work on putting them in a permanent home so people will have a chance to see them. The other thing is that they wanted me to remind you that the Nashua Senior Center will be holding the first forum for the candidates who are running for Mayor and I understand that all six will be there. It’s not just open for members of the senior center it is open to the public. All we would ask is that you call in and give your name so that we make sure that we have enough space. Right now we have about 60 people who have signed up and we are looking forward to it. As you know, our moderator will be Mr. Ed Lecius and yours truly will be in charge of the time keeping so remember that gentlemen. Alderman Chasse I would like to thank everyone on this Board who supported the Club Nashua Golf Tournament and also the people of Nashua, we had another great year and we donated another $15,000 to the Nashua Children’s Home. President Deane Very nice. Alderman Schoneman I’d like to echo my colleague, Alderman Caron’s announcement about the Greeley Park event this weekend. I too have heard from Mrs. Murphy who was very adamant about making sure that we got the word out to everybody. Come to Greeley Park this weekend. Alderman Dowd Since we don’t meet until after the next election we are going to be having, I just want to make a plea for the people of Nashua to actually get out and vote. I’d like to see a better turnout than what we had for the last election and I hope that everybody takes the time to vote. Board of Aldermen – 8/11/15 Page 11 Alderman McCarthy Due to the impact on our Summer Fun, I’d like to invite my colleagues to join me in once again this year in boycotting Cheese Fest. Alderman Wilshire I forgot to announce the Touch-a-Truck event that is going on this Saturday, August 15th at the Nashua Airport. I believe it starts at 10:00 a.m. and it’s always a good event. President Deane It is. Okay, birthdays this month, Alderman Moriarty as well as Alderman Cookson and then right before the big election is Alderwoman Melizzi-Golja in September. Happy Birthday to everybody. Committee announcements: Alderman Wilshire On Thursday, August 20th at 7:00 p.m. is Human Affairs. Alderman Dowd On the 27th there will be a School Construction and Joint School Building Committee meeting. Alderman Chasse On August 31st at 7:00 p.m. in a Personnel & Administrative Affairs Committee meeting and at this time I would like to request that Attorney Bennett be there please. Alderman Donchess There is no meeting of the Infrastructure Committee tomorrow but we will be meeting on the 26 th of August at 7:00 p.m. President Deane As we already know due to the Mayoral primary and special election to fill the vacant Board of Public Works seat the next Board of Aldermen is going to be on September 9th and not September 8th. NON-PUBLIC SESSION MOTION BY ALDERMAN MCCARTHY THAT THE BOARD OF ALDERMEN GO INTO NON-PUBLIC SESSION BY ROLL CALL PURSUANT TO RSA 91-A:3,II(D) TO CONSIDER THE ACQUISITION AND SALE OF REAL PROPERTY WHICH, IF DISCUSSED IN PUBLIC, WOULD LIKELY BENEFIT A PARTY OR PARTIES WHOSE INTERESTS ARE ADVERSE TO THOSE OF THE GENERAL COMMUNITY SECONDED BY ALDERWOMAN MELIZZI-GOLJA Board of Aldermen – 8/11/15 Page 12 A Viva Voce Roll Call was taken, which resulted as follows: Yea: Alderman McCarthy, Alderman Dowd, Alderman Schoneman, 15 Alderman Chasse, Alderman Caron, Alderman McGuinness, Alderman Cookson, Alderman Soucy, Alderman Donchess, Alderman Moriarty, Alderman Siegel, Alderwoman Melizzi-Golja, Alderwoman Brown, Alderman Wilshire, Alderman Deane Nay: 0 MOTION CARRIED The Board of Aldermen went into non-public session at 8:00 p.m. MOTION BY ALDERMAN MCCARTHY THAT THE BOARD OF ALDERMEN SEAL THE MINUTES OF THE NON-PUBLIC SESSION BY ROLL CALL UNTIL SUCH TIME AS THE MAJORITY OF THE COMMITTEE VOTES THAT THE PURPOSE OF THE CONFIDENTIALITY WOULD NO LONGER BE SERVED A Viva Voce Roll Call was taken, which resulted as follows: Yea: Alderman McCarthy, Alderman Dowd, Alderman Schoneman, 15 Alderman Chasse, Alderman Caron, Alderman McGuinness, Alderman Cookson, Alderman Soucy, Alderman Donchess, Alderman Moriarty, Alderman Siegel, Alderwoman Melizzi-Golja, Alderwoman Brown, Alderman Wilshire, Alderman Deane Nay: 0 MOTION CARRIED MOTION BY ALDERMAN MCCARTHY TO COME OUT OF THE NON-PUBLIC SESSION AND RETURN TO THE REGULAR MEETING OF THE BOARD OF ALDERMEN MOTION CARRIED ADJOURNMENT MOTION BY ALDERMAN MCCARTHY THAT THE AUGUST 11, 2015, MEETING OF THE BOARD OF ALDERMEN BE ADJOURNED MOTION CARRIED The meeting was declared adjourned at 8:40 p.m. Attest: Patricia D. Piecuch, City Clerk