Aldermen, Board of

AGENDA MEETING OF THE BOARD OF ALDERMEN OCTOBER 13, 2015 1. PRESIDENT DAVID W. DEANE CALLS ASSEMBLY TO ORDER 2. PRAYER OFFERED BY CITY CLERK PATRICIA PIECUCH 3. PLEDGE TO THE FLAG LED BY ALDERWOMAN MARY ANN MELIZZI-GOLJA 4. ROLL CALL 5. REMARKS BY THE MAYOR 6. RESPONSE TO REMARKS OF THE MAYOR 7. RECOGNITIONS R-15-178 Endorsers: Mayor Donnalee Lozeau Board of Aldermen CONGRATULATING THE 14 YEAR-OLD NASHUA BABE RUTH TEAM ON THEIR DISTRICT AND STATE DIVISION CHAMPIONSHIPS R-15-179 Endorsers: Mayor Donnalee Lozeau Board of Aldermen CONGRATULATING THE 15 YEAR-OLD NASHUA BABE RUTH TEAM ON THEIR DISTRICT AND STATE DIVISION CHAMPIONSHIPS 8. READING MINUTES OF PREVIOUS MEETINGS AND PUBLIC HEARINGS Non-Public Sessions Unsealed 9/22/15 ............................................. 07/14/15, 8/11/15, 9/2/15 Board of Aldermen .............................................................................. 09/22/15 Budget Review Committee Public Hrg ................................................ 09/21/15 Budget Review Committee Public Hrg ................................................ 10/05/15 9. COMMUNICATIONS From: Mayor Donnalee Lozeau Re: Millyard Chimney Lettering PERIOD FOR PUBLIC COMMENT RELATIVE TO ITEMS EXPECTED TO BE ACTED UPON THIS EVENING 10. PETITIONS 11. NOMINATIONS, APPOINTMENTS AND ELECTIONS Appointment by the Mayor 12. REPORTS OF COMMITTEE Budget Review Committee ................................................................. 09/21/15 Budget Review Committee ................................................................. 10/05/15 Finance Committee............................................................................. 10/07/15 Committee on Infrastructure ............................................................... 09/23/15 Personnel/Administrative Affairs Committee ....................................... 09/28/15 13. WRITTEN REPORTS FROM LIAISONS 14. CONFIRMATION OF MAYOR'S APPOINTMENTS Board of Assessors Mary Lou Blaisdell, Alternate (Reappointment) Term to Expire: April 24, 2018 32 Webster Street Nashua, NH 03064 Board of Registrars Susan A. Waye (New Appointment) Term to Expire: December 31, 2016 1 Almont Street Nashua, NH 03060 Business & Industrial Development Authority Jason B. Haviland (Reappointment) Term to Expire: September 30, 2018 29 Todd Road Nashua, NH 03064 Camille Pattison (Reappointment) Term to Expire: September 30, 2018 3 Farley Street Nashua, NH 03064 Conservation Commission Sherry Dutzy (Reappointment) Term to Expire: December 31, 2018 18 Swart Terrace Nashua, NH 03064 Richard Gillespie (Reappointment) Term to Expire: December 31, 2018 15 Spencer Drive Nashua, NH 03062 Historic District Commission Steve Edington (New Appointment) Term to Expire: August 1, 2018 9 Vespa Lane Nashua, NH 03064 Nashua Arts Commission Tina Cassidy (Reappointment) Term to Expire: September 1, 2018 12 Newcastle Drive, #10 Nashua, NH 03060 Tracy Hatch (New Appointment) Term to Expire: September 1, 2018 31 Pennichuck Street Nashua, NH 03064  Review & Comment Commission Teresa Barr (New Appointment) Term to Expire: December 31, 2016 26 Sagamore Road Nashua, NH 03062 Zoning Board of Adjustment Jean-Paul Boucher (Reappointment) Term to Expire: September 11, 2018 8 Fox Meadow Road Nashua, NH 03060 Mariellen MacKay, Alternate (New Appointment) Term to Expire: October 1, 2018 9 Webster Street Nashua, NH 03064 Rob Shaw (Reappointment) Term to Expire: September 11, 2018 14 Sweet William Circle Nashua, NH 03062 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 R-15-161 Endorser: Alderman-at-Large Lori Wilshire APPROVING AN AGREEMENT WITH THE NASHUA TOWING AND RECOVERY ASSOCIATION  Finance Committee Recommends: Final Passage as Amended R-15-164 Endorser: Mayor Donnalee Lozeau AUTHORIZING RELEASE OF A CERTAIN LEVY EASEMENT ON 75 CROWN STREET  Committee on Infrastructure Recommends: Final Passage R-15-165 Endorsers: Mayor Donnalee Lozeau Alderwoman Pamela T. Brown AUTHORIZING THE SALE OF SURPLUS BROAD STREET PARKWAY PROPERTY  Committee on Infrastructure Recommends: Final Passage R-15-169 Endorser: Mayor Donnalee Lozeau AMENDING THE SPECIAL REVENUE FUND FOR ROAD AND HIGHWAY EXPENDITURES BY INCREASING THE ANNUAL FUNDING AMOUNT FROM MOTOR VEHICLE PERMIT FEES  Budget Review Committee Recommends: Final Passage R-15-170 Endorser: Mayor Donnalee Lozeau AUTHORIZING THE MAYOR AND CITY TREASURER TO ISSUE BONDS NOT TO EXCEED THE AMOUNT OF SEVENTEEN MILLION DOLLARS ($17,000,000) FOR STREET REPAIR AND PAVING  Budget Review Committee Recommends: Final Passage R-15-175 Endorser: Mayor Donnalee Lozeau APPROVING A FIRST AMENDMENT TO THE SITE LEASE AGREEMENT WITH SPRINT SPECTRUM REALTY COMPANY, L.P. (SUCCESSOR-IN-INTEREST TO SPRINT SPECTRUM, L.P.) TO RELOCATE THE LESSEE’S COMMUNICATION EQUIPMENT LOCATED AT WHIPPLE STREET, MINES FALL PARK TO THE NEW REPLACEMENT TOWER  Finance Committee Recommends: Final Passage  Also assigned to the Board of Public Works; to appear on its 10/22/15 agenda R-15-176 Endorsers: Alderman-at-Large Lori Wilshire Alderman Michael Soucy APPROVING THE COST ITEMS OF A COLLECTIVE BARGAINING AGREEMENT BETWEEN THE NASHUA BOARD OF POLICE COMMISSIONERS AND UAW PROFESSIONAL EMPLOYEES OF THE NASHUA POLICE DEPARTMENT, LOCAL #2322, FROM JULY 1, 2015 THROUGH JUNE 30, 2018 AND AUTHORIZING RELATED TRANSFERS  Budget Review Committee Recommends: Final Passage UNFINISHED BUSINESS – ORDINANCES O-15-046, Amended Endorsers: Alderman Michael Soucy Alderman David Schoneman Alderman Sean M. McGuinness Alderman Ken Siegel Alderman-at-Large Lori Wilshire PROHIBITING THE PASSING OF OBJECTS TO OR FROM THE OCCUPANT OF A MOTOR VEHICLE ON A ROADWAY  Personnel/Administrative Committee Recommends: Final Passage as Amended O-15-052 Endorser: Alderwoman Pamela T. Brown PROHIBITING PARKING ON A PORTION OF THE WEST SIDE OF PALM STREET  Committee on Infrastructure Recommends: Final Passage as Amended O-15-069 Endorsers: Alderman-at-Large David W. Deane Alderman-at-Large Lori Wilshire Alderman Michael Soucy AMENDING CERTAIN MOTOR VEHICLE ORDINANCE FINES AND REQUIRING MOTOR VEHICLE OWNERS TO PAY TOWING FEES  Personnel/Administrative Affairs Committee Recommends: Final Passage NEW BUSINESS – RESOLUTIONS R-15-180 Endorsers: Mayor Donnalee Lozeau Alderman-at-Large Lori Wilshire RELATIVE TO THE ACCEPTANCE AND APPROPRIATION OF $44,890 FROM THE UNITED STATES DEPARTMENT OF JUSTICE INTO POLICE GRANT ACTIVITY “2015 JUSTICE ASSISTANCE GRANT (MULTI-JURISDICTIONAL)” R-15-181 Endorsers:Mayor Donnalee Lozeau Alderman-at-Large Lori Wilshire RELATIVE TO THE ACCEPTANCE AND APPROPRIATION OF $29,800.50 FROM THE STATE OF NEW HAMPSHIRE, DEPARTMENT OF SAFETY “STATE HOMELAND SECURITY GRANT PROGRAM” INTO FIRE GRANT ACTIVITY “2015 HOMELAND SECURITY GRANT PROGRAM” R-15-182 Endorser: Alderman-at-Large Jim Donchess AUTHORIZING THE DESIGNATION OR APPOINTMENT OF A COMMITTEE OF THE BOARD OF ALDERMEN TO CONDUCT AN INVESTIGATION INTO LIVING CONDITIONS, POSSIBLE CODE VIOLATIONS, AND POTENTIAL NEW CODE PROVISIONS AT THE COUNTRY BARN MOTEL AND 23 TEMPLE STREET R-15-183 Endorsers: Alderman Michael Soucy Alderman-at-Large Lori Wilshire ESTABLISHING AN EXPENDABLE TRUST FUND FOR APPROPRIATIONS EQUIVALENT TO CONCEALED CARRY FIREARM LICENSE FEES FOR THE USE OF THE POLICE DEPARTMENT AND APPROPRIATING $10,000 FROM UNANTICIPATED REVENUE INTO THE EXPENDABLE TRUST FUND R-15-184 Endorsers:Mayor Donnalee Lozeau Alderman-at-Large Lori Wilshire RELATIVE TO THE ACCEPTANCE AND APPROPRIATION OF UP TO $35,000 FROM THE STATE OF NEW HAMPSHIRE, DEPARTMENT OF TRANSPORTATION INTO TRANSIT GRANT ACTIVITY “TRANSIT CAPITAL IMPROVEMENTS” NEW BUSINESS – ORDINANCES O-15-070 Endorser: Alderman June M. Caron AMENDING THE TRUCK TRAFFIC PROHIBITION ON GILLIS STREET O-15-071 Endorser: Alderman David Schoneman ESTABLISHING A HANDICAPPED PARKING SPACE IN FRONT OF 3 BEACON COURT PERIOD FOR GENERAL PUBLIC COMMENT REMARKS BY THE MEMBERS OF THE BOARD OF ALDERMEN Committee announcements: ADJOURNMENT  AMENDED R-15-161 RESOLUTION APPROVING AN AGREEMENT WITH THE NASHUA TOWING AND RECOVERY ASSOCIATION CITY OF NASHUA In the Year Two Thousand and Fifteen RESOLVED by the Board of Aldermen of the City of Nashua that the attached contract (to June 30, 2018) with the Nashua Towing and Recovery Association relative to the towing of vehicles for the city is hereby approved.  AMENDED O-15-046 ORDINANCE PROHIBITING THE PASSING OF OBJECTS TO OR FROM THE OCCUPANT OF A MOTOR VEHICLE ON A ROADWAY CITY OF NASHUA In the Year Two Thousand and Fifteen The City of Nashua ordains that Part II “General Legislation”, Chapter 320 “Vehicles and Traffic”, Article V “Crosswalks” of the Nashua Revised Ordinances, as amended, be and hereby is further amended by deleting the struck-through language and adding the new underlined language as follows: “ARTICLE V Pedestrians and Crosswalks § 320-19. Pedestrian right-of-way. When traffic-control signals are not in place or not in operation, the driver of a vehicle shall yield the right-of-way, slowing down or stopping if need be to so yield, to a pedestrian crossing the roadway within a crosswalk when the pedestrian is upon the half of the roadway upon which the vehicle is traveling or when the pedestrian is approaching so closely from the opposite half of the roadway as to be in danger. § 320-20. No passing. Whenever any vehicle is stopped at a marked crosswalk or at any unmarked crosswalk at an intersection to permit a pedestrian to cross the roadway, the driver of any vehicle approaching from the rear shall not overtake and pass such stopped vehicle. § 320-21. Signs. Authority is hereby granted to the Traffic Department to erect signs at appropriate crosswalks, where the traffic volume is substantial, indicating the crosswalk and the fact that pedestrians have the right-of-way. ORDINANCE O-15-046 § 320-22. Violations and penalties. Violators of any of the provisions of this article Sections 320-19 or 320-20 shall be subject to punishment as provided in § 1-12. § 320-22.1. Distributing or receiving objects to or from occupants of a motor vehicle on a roadway. A. Intent of section. This section is intended to promote the health, safety and welfare of pedestrians and the occupants of a motor vehicle traveling on a public roadway in the city, and to provide for the free flow of motor vehicle traffic on public roadways in the city. B. (1) No person shall distribute any object to, receive any object from, or exchange any object with the occupant of a motor vehicle when the vehicle is located in the travel portion of the roadway. (2) This section shall not apply to the distribution, receipt, or exchange of any object with the occupant of a motor vehicle on a private road, private property or when the motor vehicle is (i) lawfully parked in accordance with New Hampshire law and with the ordinances and regulations of the City of Nashua and (ii) no portion of the vehicle is located upon, or is obscuring or obstructing, any portion of any travel lane or the travelled way of the roadway. (3) This section shall not apply to any law enforcement or public safety official acting in the scope of his or her official duties. (4) This section shall not apply to the distribution, receipt, or exchange of any object with the occupant of a motor vehicle located in the roadway in order to assist the occupant after a motor vehicle accident, with a disabled motor vehicle, or in any emergency situations involving the occupant or any person. (5) This section shall not apply to any city permitted events when the roadway has been closed to regular motor vehicle traffic. C. Any person violating this section shall be fined as follows: the offense will have a fine of not more than $500. All ordinances or parts of ordinances inconsistent herewith are hereby superseded only to the extent necessary to effectuate this legislation. This ordinance shall become effective upon passage.  AMENDED O-15-052 ORDINANCE PROHIBITING PARKING ON A PORTION OF THE WEST SIDE OF PALM STREET CITY OF NASHUA In the Year Two Thousand and Fifteen The City of Nashua ordains that Part II “General Legislation”, Chapter 320 “Vehicles and Traffic”, Article XII “Parking, Stopping and Standing”, Section 320-69 “No parking on certain streets” of the Nashua Revised Ordinances, as amended, be hereby further amended by adding the new underlined language in alphabetical order as follows: “§ 320-69. No parking on certain streets. No parking whatsoever shall be permitted on the following streets, except as provided by law: Name of Street Side Location … Palm Street West From a point 200 feet north of Kinsley Street north for a distance of 37 feet” All ordinances or parts of ordinances inconsistent herewith are hereby repealed. This ordinance shall become effective at the time of removal and/or installation of the necessary sign(s) and/or pavement markings.  APPOINTMENT BY THE MAYOR OCTOBER 13, 2015 Mine Falls Park Advisory Committee Michael Watt (New Appointment) Term to Expire: October 31, 2018 10 Royal Crest Drive, Apt. 10 Nashua, NH 03060 I respectfully request that this appointment be confirmed. Donnalee Lozeau Mayor