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Aldermen, Board of

Regular Meeting

Nashua, NH · November 24, 2015

AgendaMinutes

Minutes

A regular meeting of the Board of Aldermen was held Tuesday, November 24, 2015, at 7:30 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; Alderman-at-Large Jim Donchess led in the Pledge to the Flag. The roll call was taken with 14 members of the Board of Aldermen present; Alderman Dowd was recorded absent. Mayor Donnalee Lozeau was not in attendance; Corporation Counsel Stephen M. Bennett was also present. REMARKS BY THE MAYOR – None RESPONSE TO REMARKS OF THE MAYOR – None RECOGNITION PERIOD – None READING MINUTES OF PREVIOUS MEETING MOTION BY ALDERMAN McCARTHY THAT THE MINUTES OF THE BOARD OF ALDERMEN MEETINGS OF NOVEMBER 10, 2015, BE ACCEPTED, PLACED ON FILE AND THE READING SUSPENDED MOTION CARRIED COMMUNICATIONS MOTION BY ALDERWOMAN BROWN THAT ALL COMMUNICATIONS BE READ BY TITLE ONLY MOTION CARRIED From: Arthur L. Barrett, Jr., Chairman, Board of Library Trustees Re: Request for Joint Convention with the Board of Library Trustees MOTION BY ALDERWOMAN BROWN TO ACCEPT, PLACE ON FILE AND THAT THE BOARD OF ALDERMEN MEET IN JOINT CONVENTION WITH THE BOARD OF LIBRARY TRUSTEES ON TUESDAY, DECEMBER 8, 2015, AT 7:30 PM IN THE ALDERMANIC CHAMBER MOTION CARRIED From: David G. Fredette, Treasurer/Tax Collector Re: Purchase Replacement for the Sterling LT95 Roll-Off Truck MOTION BY ALDERMAN COOKSON TO ACCEPT, PLACE ON FILE AND APPROVE THE PURCHASE REPLACEMENT FOR THE STERLING LT95 ROLL-OFF TRUCK MOTION CARRIED MOTION BY ALDERMAN WILSHIRE THAT THE RULES BE SO FAR SUSPENDED AS TO ALLOW FOR THE INTRODUCTION OF A COMMUNICATION RECEIVED AFTER THE AGENDA WAS PREPARED MOTION CARRIED Board of Aldermen – 11/24/15 Page 2 From: Board of Police Commissioners Re: Felony Press Releases 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 – None PETITIONS – None NOMINATIONS, APPOINTMENTS AND ELECTIONS Appointments by the Mayor The following Appointment by the Mayor was read into the record: Cultural Connections Committee Jean Adie (New Appointment) Term to Expire: December 31, 2018 19A Fairmount Street Nashua, NH 03064 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 Hunt Memorial Building Board of Trustees Harold Solomon (New Appointment) Term to Expire: December 31, 2018 16 Durham Street Nashua, NH 03063 MOTION BY ALDERMAN CHASSE TO ACCEPT THE APPOINTMENTS BY THE MAYOR AS READ AND REFER THEM TO THE PERSONNEL/ADMINISTRATIVE AFFAIRS COMMITTEE MOTION CARRIED REPORTS OF COMMITTEE Finance Committee............................................................................. 11/18/15 There being no objection, President Deane declared the report of the November 18, 2015 Finance Committee accepted and placed on file. Committee on Infrastructure ............................................................... 11/12/15 There being no objection, President Deane declared the report of the November 12, 2015 Committee on Infrastructure accepted and placed on file. Personnel/Administrative Affairs Committee......................................... 11/09/15 There being no objection, President Deane declared the report of the November 9, 2015 Personnel/Administrative Affairs Committee accepted and placed on file. Board of Aldermen – 11/24/15 Page 3 Substandard Living Conditions Special Committee ............................. 11/18/15 There being no objection, President Deane declared the report of the November 18, 2015 Substandard Living Conditions Special Committee accepted and placed on file. WRITTEN REPORTS FROM LIAISONS - None CONFIRMATION OF MAYOR'S APPOINTMENTS Auditorium Commission MOTION BY ALDERMAN CHASSE TO CONFIRM BY VOICE VOTE THE APPOINTMENT OF PAUL LAFLAMME, 28 LUTHERAN DRIVE, NASHUA, TO THE AUDITORIUM COMMISSION FOR A TERM TO EXPIRE DECEMBER 31, 2018 MOTION CARRIED President Deane declared Paul LaFlamme duly appointed to the Auditorium Commission for a term to expire December 31, 2018. Mine Falls Park Advisory Committee MOTION BY ALDERMAN MCGUINNESS TO CONFIRM BY VOICE VOTE THE APPOINTMENT OF MICHAEL WATT, 10 ROYAL CREST DRIVE, NASHUA, TO THE MINE FALLS PARK ADVISORY COMMITTEE FOR A TERM TO EXPIRE OCTOBER 31, 2018 MOTION CARRIED President Deane declared Michael Watt duly appointed to the Mine Falls Park Advisory Committee for a term to expire October 31, 2018. Oath of Office administered by Corporation Counsel. Zoning Board of Adjustment MOTION BY ALDERMAN CARON TO CONFIRM BY VOICE VOTE THE APPOINTMENT OF KATHRYN VITALE, 8 MASSASOIT ROAD, NASHUA, TO THE ZONING BOARD OF ADJUSTMENT FOR A TERM TO EXPIRE SEPTEMBER 11, 2018 ON THE QUESTION Alderman Siegel I’ve discussed this at length at the Personnel & Administrative Affairs Committee and here we are at the full Board. I, at that time, made the argument that I believe that we have an obligation as a city government to be above reproach. Unfortunately, Ms. Vitale has had certain incidences that have occurred and without going into great detail, I will say that I did do some research on this including reading the entire case file in the public record at the superior court. What I found made me feel as though this was not an appointment that we should make. I’d like to say that at the time Ms. Vitale was appointed to the Board as an alternate and there was no information that was available like this and so at the time I felt there was no disqualifying information available despite what I felt was perhaps poor judgement but we don’t keep off Boards because of an occasional lapse in judgement or what we feel is an occasional lapse in judgement or what others may feel is not a lapse in judgement. I think that we as a city have an obligation to the citizens of the city to be above reproach so our standards are not the same as a court of law in which the standard is innocent beyond a reasonable doubt. Again, Ms. Vitale was not tried so we don’t have that standard in play here at all. The other standard that we have is Board of Aldermen – 11/24/15 Page 4 preponderance of the evidence. Again, she was not subject to a civil action but that is a standard. Then we have the standards that a grand jury might decide upon which is that reasonable evidence to proceed with a criminal charge which did happen. Again, this does not mean that something is in fact going to be on somebody’s permanent record but I would argue that our city requires us to be above reproach and a body that’s not the Board of Aldermen sat there and looked at what happened and said this is enough of an issue that we think a criminal charge can be brought and it seems to me that should carry some weight. We are not looking to disqualify someone because of something arbitrary or trivial, everyone makes occasional mistakes. I think I am actually the only person that took the time to look at the public record. Those that wish to rise in defense had every opportunity to look at the same public record to decide if their defense was warranted or not and it’s possible someone else did. Given what I see and given my feeling about our obligations to the city government I think we have an obligation to vote no in this particular case and I would hope that enough of my colleagues would agree with me and I would certainly request a roll call vote on this. Alderman McCarthy First of all, the standard is guilty beyond a reasonable doubt not innocent beyond a reasonable doubt. The problem is that all we get to see is one tiny piece of a process that is lengthy. There is an adage in the legal industry that says that you could get a grand jury to indict a ham sandwich and I agree with that. Indictments are a process where the prosecutor presents his evidence in the best light of his case to a jury that doesn’t get to see rebuttal witnesses and then at the end says there is enough there to say there might be something wrong here and they did that. The prosecutor ultimately decided that there was not enough there to continue with prosecution and dropped the charges. If you want to go by taking small sets of facts then we have to consider that many people that come to this Board in lots of capacities, including being on its membership, have civil proceedings behind them where the settlements are sealed and we don’t get to see them. I don’t want to speculate on what people have done, the only thing we can go by that is fair is a public record of conviction and things that we know happened for which people are being held accountable. There isn’t one in this case. We had a member of this Board who was subject to criminal proceedings and in fact, was either found guilty or pled guilty and when they came up for a position on the land/use Board, my conclusion was that person had never done anything that impaired their ability to behave impartially and in the city’s best interest so I voted for his appointed to it and I am going to vote for this appointment for exactly the same reason. There is nothing here that rises to a standard above the one that we have applied over the years. I’ve known Ms. Vitale since the day I took office, she was on the Conservation Commission then and she has been on this Board as well as the land/use Boards. She is extremely capable and I’ve never seen anything that would cause me to question her judgement on this Board. Alderwoman Brown I believe that this is a volunteer position and if we are looking so closely at a volunteer then perhaps members of the Board should subject themselves to a criminal background check. I don’t think this has any bearing on her ability to fulfill a volunteer positon on the Zoning Board and therefore I will vote in favor of her appointment also. Alderman Siegel I would be happy to subject myself to any background check. I don’t think it’s germane in this particular case but be that as it may. Despite what Alderman McCarthy said, he did not take the time, to the best of my knowledge, to read the information that was publicly available so whatever your opinion is it is based on not having looked at the same information that I looked at. I believe that is as impartial as you can get because it based on 90 hours of tape recorded conversations in a prison between a prisoner and Ms. Vitale and that did have some bearing on my thoughts on this. Again, I would point out that my feelings are based on hard information that I saw and not speculation by people with motives that might be impure. Board of Aldermen – 11/24/15 Page 5 Alderman Chasse I did vote for her at the committee and I did want it to come up to the full Board before the end of the year. There is no doubt in my mind that she’s qualified and she’s done a great service to the City of Nashua but she had a little bit of a glitch back there and it is well known and if new evidence is found they could bring about another indictment. We, as representatives of the City of Nashua, have to go by higher standards. This is something that stayed in my committee for quite a while. We brought Corporate Counsel in one night and we drilled him with questions and we got our answers. Unfortunately, some of you did not make that committee meeting and I was hoping that everybody would have been there because you would have learned quite a bit. My feelings are that I love her to death, I served with her and she is a nice person but she ran into a glitch and regardless of who it is, forget the name, it’s the higher standard that we have to live by. Alderman Schoneman I did not attend that meeting but I did hear some of the discussion afterwards. I share the view that someone that serves the public, and I would subject myself to a background check, anyone that serves on a Board should be held to a standard that is above reproach. There’s also the phrase that there should not even be a hint of impropriety. These are not statutes but I believe they should be upheld and I do not plan on voting for this appointment. I respect Ms. Vitale’s contributions to the city in the past and I think that there may be a time in the future where such an appointment would be more suitable. Alderman Caron One of the questions that I had to Corporation Counsel was Ms. Vitale had been an alternate on the Zoning Board for all of this time and no one on this Board ever said she should step down and sit out until everything was over. Corporation Counsel said she did take some time off but as an alternate she has been at those meetings because I’ve seen her. So, now because the Mayor wants to move her up to a full member we are having all of this. Well, what happened for the last six months when I think the Board could have asked for her to step down so I find this very confusing. We love her to death and we are saying that she’s done a good job and you’ve let her continue doing that job all of this time while this was going on so what has changed other than the fact that she is moving from an alternate to a full Board member? She still would be doing the same thing that she has done before so that has me in a flux here. Alderman Siegel I had sent an e-mail to the Mayor specifically asking for that resignation and it was immediately following that that Ms. Vitale took her leave of absence. It took me by surprise that Ms. Vitale decided to come back so at the time she must have felt that there was something that clouded her ability to do her job successfully and that was before anything had been decided one way or the other. Alderwoman Brown I believe if we asked Aldermen to raise their hands if they have ever been arrested. President Deane We are talking about an appointment, we are not going to sit here and vet members of the Board, that’s out of line. Board of Aldermen – 11/24/15 Page 6 Alderwoman Brown I am not asking to that, I am just making a point that those in glass houses should not throw stones and I think it’s unreasonable for us to hold Ms. Vitale up to such a high level of qualifications as to deny her offer to volunteer. President Deane Everyone has a vote. Alderman Chasse It’s not just high standards for Ms. Vitale it’s high standards for anybody representing the City of Nashua. Alderman Cookson The one thing that I haven’t heard this evening or in previous comments is that this land/use Board is a quasi-judicial and that should have weight on any decision that’s made by this Board this evening. With that being said, I am not supporting this nomination because you should be above reproach and there are just too many question. A viva voce roll call was taken which resulted as follows: Yea: Alderman McCarthy, Alderman Caron, Alderman McGuinness, 7 Alderman Moriarty, Alderwoman Melizzi-Golja, Alderwoman Brown, Alderman Wilshire Nay: Alderman Schoneman, Alderman Chasse, Alderman Cookson, 7 Alderman Soucy, Alderman Donchess, Alderman Siegel, Alderman Deane MOTION FAILED MOTION BY ALDERMAN MCCARTHY TO TABLE MOTION FAILED Division Taken; 6-8 MOTION BY ALDERMAN COOKSON FOR INDEFINITE POSTPONEMENT A viva voce roll call was taken which resulted as follows: Yea: Alderman Schoneman, Alderman Chasse, Alderman McGuinness, 9 Alderman Cookson, Alderman Soucy, Alderman Donchess, Alderman Moriarty, Alderman Siegel, Alderman Deane Nay: Alderman McCarthy, Alderman Caron, Alderwoman Melizzi-Golja, 5 Alderwoman Brown, Alderman Siegel, Alderman Wilshire MOTION CARRIED Appointment indefinitely postponed. Board of Aldermen – 11/24/15 Page 7 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 UNFINISHED BUSINESS – ORDINANCES O-15-060 Endorsers: 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 second reading; MOTION BY ALDERMAN MORIARTY TO AMEND O-15-060 IN ITS ENTIRETY BY REPLACING IT WITH THE GOLDEN ROD COPY PROVIDED WITH THE AGENDA ON THE QUESTION Chairman Moriarty The purpose of this ordinance is to allow churches parking spots for weddings. The amendment is to put a restriction on the number of parking spots and the length of time those parking spots can be reserved. It is for no more than four parking spaces for no more than two hours. Then there are some other minor details about making it so that they use traffic cones instead of meter bags because we don’t have parking meters anymore. MOTION CARRIED MOTION BY ALDERMAN MORIARTY FOR FINAL PASSAGE OF O-15-060 AS AMENDED MOTION CARRIED Ordinance O-15-060 declared duly adopted as amended. O-15-070 Endorsers: Alderman June M. Caron Alderman-at-Large David W. Deane AMENDING THE TRUCK TRAFFIC PROHIBITION ON GILLIS STREET Given its second reading; MOTION BY ALDERMAN CARON FOR FINAL PASSAGE OF O-15-070 MOTION CARRIED Ordinance O-15-070 declared duly adopted. Board of Aldermen – 11/24/15 Page 8 O-15-071 Endorser: Alderman David Schoneman ESTABLISHING A HANDICAPPED PARKING SPACE IN FRONT OF 3 BEACON COURT Given its second reading; MOTION BY ALDERMAN SCHONEMAN FOR FINAL PASSAGE OF O-15-071 MOTION CARRIED Ordinance O-15-071 declared duly adopted. O-15-072 Endorsers: Alderman June M. Caron Alderman-at-Large Daniel T. Moriarty ADDING PARKING RESTRICTIONS ON BOWERS STREET EAST OF ARLINGTON STREET Given its second reading; MOTION BY ALDERMAN CARON FOR FINAL PASSAGE OF O-15-072 MOTION CARRIED Ordinance O-15-072 declared duly adopted. O-15-073 Endorsers: Alderwoman Mary Ann Melizzi-Golja Alderman June M. Caron Alderman-at-Large Lori Wilshire Alderwoman Pamela T. Brown Alderman Ken Siegel Alderman-at-Large Daniel T. Moriarty Alderman-at-Large Jim Donchess Alderman Michael Soucy Alderman-at-Large Mark S. Cookson Alderman Sean M. McGuinness Alderman David Schoneman Alderman Richard A. Dowd Alderman-at-Large Brian S. McCarthy Alderman-at-Large David W. Deane AMENDING THE EXEMPTION FOR ELDERLY PERSONS BY INCREASING THE MAXIMUM ALLOWED INDIVIDUAL AND COMBINED NET INCOMES AND ASSETS Given its second reading; MOTION BY ALDERWOMAN MELIZZI-GOLJA TO AMEND O-15-073 IN ITS ENTIRETY BY REPLACING IT WITH THE GOLDEN ROD COPY PROVIDED WITH THE AGENDA ON THE QUESTION Alderwoman Melizzi-Golja I would like to thank Alderman Caron and Alderman McCarthy for providing the support for this at the committee level because I was unable to attend that committee meeting. The change is that the net income for a single individual has been changed from $46,000 to $50,000; and I believe in the discussion it was explained that this would provide some equity so if people went from finding themselves married to becoming single they would not lose some of their economic stability as a result of that change in income. MOTION CARRIED Board of Aldermen – 11/24/15 Page 9 MOTION BY ALDERWOMAN MELIZZI-GOLJA FOR FINAL PASSAGE OF O-15-073 AS AMENDED MOTION CARRIED Ordinance O-15-073 declared duly adopted as amended. NEW BUSINESS – RESOLUTIONS R-15-192 Endorser: Alderman-at-Large Brian S. McCarthy AUTHORIZING THE USE OF THE LIBRARY LOT ANNEX PARKING LOT BY 30 TEMPLE STREET Given its first reading; assigned to the COMMITTEE ON INFRASTRUCTURE by President Deane R-15-193 Endorsers: Mayor Donnalee Lozeau Alderman Michael Soucy AUTHORIZING THE SALE OF A PARCEL OF LAND TO PROPERTY OWNERS ALONG RADCLIFF DRIVE AND SHORE DRIVE Given its first reading; assigned to the COMMITTEE ON INFRASTRUCTURE by President Deane NEW BUSINESS – ORDINANCES MOTION BY ALDERMAN SIEGEL TO SUSPEND THE RULES TO ALLOW FOR THE INTRODUCTION OF PROPOSED AMENDMENTS TO O-15-074 IN ITS ENTIRETY WITH THE COPY DISTRIBUTED THIS EVENING ON THE QUESTION Alderman Siegel The one change is to change the funding source which is to be the unused salary line item from the Traffic Engineer as opposed to general contingency. The reason is it’s being changed at this point as opposed to at the committee level is because the funds are frozen at the first reading so if we can change it here at the first reading then the funds won’t go anywhere and we won’t be voting on something where the money may have gone away by the time we get to committee and get it back here. It’s purely a mechanical issue at this point. MOTION CARRIED O-15-074 Endorsers: Alderman Ken Siegel Alderwoman Mary Ann Melizzi-Golja Alderman Sean M. McGuinness AUTHORIZING A SCHOOL SAFETY ZONE AND TWO SCHOOL ZONE FLASHING SPEED LIMIT SIGNS ON SPIT BROOK ROAD AND TRANSFERRING $20,000 TO FUND THEIR PURCHASE AND INSTALLATION Given its first reading; assigned to the COMMITTEE ON INFRASTRUCTURE by President Deane O-15-075 Endorser: Alderman David Schoneman Alderman-at-Large Jim Donchess ALLOWING RESIDENTS OF RAILROAD SQUARE TO PURCHASE OVERNIGHT ON-STREET PARKING PERMITS Given its first reading; assigned to the COMMITTEE ON INFRASTRUCTURE by President Deane Board of Aldermen – 11/24/15 Page 10 O-15-076 Endorser: Alderman June M. Caron Alderman-at-Large David W. Deane AUTHORIZING A STOP SIGN ON QUINCY STREET AT ITS INTERSECTION WITH EAST HOLLIS STREET Given its first reading; assigned to the COMMITTEE ON INFRASTRUCTURE by President Deane PERIOD FOR GENERAL PUBLIC COMMENT - None REMARKS BY THE MEMBERS OF THE BOARD OF ALDERMEN Alderman Caron I wish everyone a Happy Thanksgiving. Alderman McGuinness I am looking forward to the Holiday Stroll on Saturday. Alderman Cookson I wish you all a Happy Thanksgiving. Alderman Siegel I wish my colleagues a Happy Thanksgiving and hopefully I’ll see you at the Holiday Stroll. Alderwoman Melizzi-Golja I would thank everyone for the flowers and your condolences regarding to my mother’s recent death. Also, our Emergency Management Director, Justin Kates has been recognized as one of five Certified Emergency Managers by the International Association of Emergency Managers. Happy Thanksgiving to everyone. Alderwoman Brown I just want to wish everyone a Happy Thanksgiving. Alderman Wilshire Happy Thanksgiving. President Deane Alderman McGuinness, Happy Birthday on December 3rd. Committee announcements: Alderman Siegel The Substandard Living Conditions Committee has a special meeting at the Nashua Soup Kitchen on November 30th at 4:00 p.m. Board of Aldermen – 11/24/15 Page 11 Alderman Chasse There is a Personnel & Administrative Affairs Committee on December 14th. President Deane There is a Budget Review Committee meeting on the first day of the month. ADJOURNMENT MOTION BY ALDERMAN CHASSE THAT THE NOVEMBER 24, 2015, MEETING OF THE BOARD OF ALDERMEN BE ADJOURNED MOTION CARRIED The meeting was declared adjourned at 8:09 p.m. Attest: Patricia D. Piecuch, City Clerk Board of Police Commissioners Nashua Police Department © Panther Drive; P.O. Box 785 f Nashua, NH 03061-0785 N.H. Commissioner Robert E. VaJade (603) 882-1653 Nashua Police Department: (603) 594-3500 Commissionerjames R. Tollner (603) 566-1267 Administration Fax: (603) 594-3615 Commissioner Nicholas Dahl (603) 233-0650 November 19,2015 Alderman David Deane, President Board of Aldermen City of Nashua Dear Aldermanic President Deane: Chief of Police Andrew J. Lavoie made a suggestion to the Board of Police Commissioners that the members of the Board of Aldermen be placed on our distribution list for receiving felony Press Releases. We all agreed that this would be beneficial in keeping everyone well-informed of various police incidents in the City of Nashua. The most efficient way of adding all the Board of Aldermen members to our distribution list would be to forward all Press Releases to the board members via the city global contact of BOA@NashuaNH.eov. We anticipate implementing this within the next few weeks. We are looking forward to hearing your thoughts on this change. Sincerely, lames R. Tollner, Clerk cc: Board of Aldermen Members Chief of Police Andrew Lavoie Deputy Chiefs Michael Carignan & Denis Linehan Sue Lovering / N A NATIONALLY ACCREDITED LAW ENFORCEMENT AGtNCY APPOINTMENTS BY THE MAYOR NOVEMBER 24, 2015 Cultural Connections Committee Jean Adie (New Appointment) Term to Expire: December 31, 2018 19A Fairmount Street Nashua, NH 03064 Hunt Memorial Building Board of Trustees Harold Solomon (New Appointment) Term to Expire; December 31, 2018 16 Durham Street Nashua, NH 03063 I respectfully request that this appointment be confirmed. Donnalee Lozeau Mayor 11/24/15 PROPOSED AMENDMENTS TO O-l5-074 ORDINANCE AUTHORIZING A SCHOOL SAFETY ZONE AND TWO SCHOOL ZONE FLASHING SPEED LIMIT SIGNS ON SPIT BROOK ROAD AND TRANSFERRING $20,000 TO FUND THEIR PURCHASE AND INSTALLATION 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 VI "Speed limits", of the Nashua Revised Ordinances, as amended, be hereby further amended by adding the following new underlined language in the appropriate alphabetical order: "§ 320-24. School safety zones. The following streets and parts of streets are hereby established as school safety zones, and a speed limit of 20 miles per hour is hereby established in such zones and will be enforced during school opening, closing or recess: Name of Street Location Spit Brook Road From 350 feet west of the crosswalk between World Academy and Roby Park to 300 feet east of that crosswalk" "§ 320-26. School speed limits when flashing. At the following school safety zones, flashing speed limit signs shall be installed, at a location to be determined by the Department of Streets. Such safety zones are as follows: Name of Street Location Spit Brook Road Approximately 350 feet west of the crosswalk between World Academy and Roby Park ORDINANCE 11/24/15 PROPOSED AMENDMENTS TO 0-15-074 Spit Brook Road Approximately 300 feet east of the crosswalk between World Academy and Roby Park" And further, be it RESOLVED by the Board of Aldermen of the City of Nashua that the sum of $20,000 be transferred from Department 161 - Streets, Accounting Classification 51 - Salaries and Wages into Department 161 - Streets, Accounting Classification 61 - Supplies and Materials for the purpose of fiinding the purchase and installation of two solar powered school zone flashing speed limit signs with radar speed feedback at the locations authorized above. All legislation or parts of legislation inconsistent herewith are hereby repealed. This legislation shall take cffect following its passage.

Agenda

AGENDA MEETING OF THE BOARD OF ALDERMEN NOVEMBER 24, 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 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 MEETING Board of Aldermen .............................................................................. 11/10/15 9. COMMUNICATIONS From: Arthur L. Barrett, Jr., Chairman, Board of Library Trustees Re: Request for Joint Convention with the Board of Library Trustees From: David G. Fredette, Treasurer/Tax Collector Re: Purchase Replacement for the Sterling LT95 Roll-Off Truck 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 Finance Committee............................................................................. 11/18/15 Committee on Infrastructure ............................................................... 11/12/15 Personnel/Administrative Affairs Committee ....................................... 11/09/15 Substandard Living Conditions Special Committee ............................. 11/18/15 13. WRITTEN REPORTS FROM LIAISONS 14. CONFIRMATION OF MAYOR'S APPOINTMENTS Auditorium Commission Paul LaFlamme (New Appointment) Term to Expire: December 31, 2018 28 Lutheran Drive Nashua, NH 03063 Mine Falls Park Advisory Committee Michael Watt (New Appointment) Term to Expire: October 31, 2018 10 Royal Crest Drive, Apt. 10 Nashua, NH 03060 Zoning Board of Adjustment Kathryn Vitale (Moving from Alternate to Full Member) Term to Expire: September 11, 2018 8 Massasoit Road Nashua, NH 03063 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 UNFINISHED BUSINESS – ORDINANCES O-15-060 Endorsers: 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  Committee on Infrastructure Recommends: Final Passage as Amended O-15-070 Endorsers: Alderman June M. Caron Alderman-at-Large David W. Deane AMENDING THE TRUCK TRAFFIC PROHIBITION ON GILLIS STREET  Committee on Infrastructure Recommends: Final Passage O-15-071 Endorser: Alderman David Schoneman ESTABLISHING A HANDICAPPED PARKING SPACE IN FRONT OF 3 BEACON COURT  Committee on Infrastructure Recommends: Final Passage O-15-072 Endorsers: Alderman June M. Caron Alderman-at-Large Daniel T. Moriarty ADDING PARKING RESTRICTIONS ON BOWERS STREET EAST OF ARLINGTON STREET  Committee on Infrastructure Recommends: Final Passage O-15-073 Endorsers: Alderwoman Mary Ann Melizzi-Golja Alderman June M. Caron Alderman-at-Large Lori Wilshire Alderwoman Pamela T. Brown Alderman Ken Siegel Alderman-at-Large Daniel T. Moriarty Alderman-at-Large Jim Donchess Alderman Michael Soucy Alderman-at-Large Mark S. Cookson Alderman Sean M. McGuinness Alderman David Schoneman Alderman Richard A. Dowd Alderman-at-Large Brian S. McCarthy Alderman-at-Large David W. Deane AMENDING THE EXEMPTION FOR ELDERLY PERSONS BY INCREASING THE MAXIMUM ALLOWED INDIVIDUAL AND COMBINED NET INCOMES AND ASSETS  Personnel/Administrative Committee Recommends: Final Passage as Amended NEW BUSINESS – RESOLUTIONS R-15-192 Endorser: Alderman-at-Large Brian S. McCarthy AUTHORIZING THE USE OF THE LIBRARY LOT ANNEX PARKING LOT BY 30 TEMPLE STREET R-15-193 Endorsers:Mayor Donnalee Lozeau Alderman Michael Soucy AUTHORIZING THE SALE OF A PARCEL OF LAND TO PROPERTY OWNERS ALONG RADCLIFF DRIVE AND SHORE DRIVE NEW BUSINESS – ORDINANCES O-15-074 Endorsers: Alderman Ken Siegel Alderwoman Mary Ann Melizzi-Golja AUTHORIZING A SCHOOL SAFETY ZONE AND TWO SCHOOL ZONE FLASHING SPEED LIMIT SIGNS ON SPIT BROOK ROAD AND TRANSFERRING $20,000 TO FUND THEIR PURCHASE AND INSTALLATION O-15-075 Endorser: Alderman David Schoneman ALLOWING RESIDENTS OF RAILROAD SQUARE TO PURCHASE OVERNIGHT ON-STREET PARKING PERMITS O-15-076 Endorser: Alderman June M. Caron AUTHORIZING A STOP SIGN ON QUINCY STREET AT ITS INTERSECTION WITH EAST HOLLIS STREET PERIOD FOR GENERAL PUBLIC COMMENT REMARKS BY THE MEMBERS OF THE BOARD OF ALDERMEN Committee announcements: ADJOURNMENT AMENDED O-15-060 O RD I N A N CE AMENDING THE PARKING METER ORDINANCE TO PERMIT THE USE OF METER BAGS FOR WEDDINGS 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 XI “Parking Meters”, Section 320-47 “Parking meter and reserved space fees; permits; meter bags”, of the Nashua Revised Ordinances, as amended, be and hereby is further amended by adding the following new underlined language: “§ 320-47. Parking meter and reserved space fees; permits; meter bags. … D. The Transportation Department Manager, or a person designated by said Manager, is authorized to issue meter bags or traffic cones to the owners/operators of downtown businesses for the purpose of facilitating construction renovation or weddings. Unless used by the City or for funerals or weddings, each meter bag or traffic cone shall cost $10 per day, per space, paid in advance. The person using the meter bag or traffic cone shall remove it after the authorized period of use has expired and return them to the Transportation Department Manager. No meter bag shall be issued for a period longer than two weeks, at which time a business may apply for an extension of time. No more than 4 parking spaces for no more than 2 hours may be reserved per wedding.” All ordinances or parts of ordinances inconsistent herewith are hereby repealed. This legislation shall take effect following its passage. AMENDED O-15-073 ORDINANCE AMENDING THE EXEMPTION FOR ELDERLY PERSONS BY INCREASING THE MAXIMUM ALLOWED INDIVIDUAL AND COMBINED NET INCOMES AND ASSETS CITY OF NASHUA In the Year Two Thousand and Fifteen The City of Nashua ordains that Part II “General Legislation”, Chapter 295 “Taxation”, Article III “Exemption for Elderly Persons”, Section 295-4 “Qualifications” of the Nashua Revised Ordinances, as amended, is here by further amended by deleting the struck-through language and adding the new underline language as follows: “§ 295-4. Qualifications. To qualify, the person must have been a New Hampshire resident for at least three consecutive years, own the real estate individually, jointly, or if the real estate is owned by a spouse, he/she must have been married for at least five years. In addition, the taxpayer must have a net income of not more than $3650,000 or, if married, a combined net income of not more than $4650,000 and own net assets not in excess of $125150,000, excluding the value of the person's residence.” This ordinance shall take effect for the tax year commencing April 1, 2016. M Nashua • Public Library November 5, 2015 Mr. David Deane, President Nashua Board of Aldermen City of Nashua, NH Dear President Deane, The Board of Library Trustees requests a Joint Convention with the Mayor and Board of Aldermen for the purpose of placing the name of John Farrer in nomination as Library Board Trustee for a seven year term to expire on March 31, 2022, and the name of Holly Klump in nomination as Library Board Trustee for the duration of the term previously held by Maurice Arel, which will expire on March 31, 2016. A copy of Mr. Arel's resignation letter, effective November 4, 2015, is attached. Sincerely, . — -t — •r — -- Board of Library Trustees Nashua Public Library Cc: Donnalee Lozeau, Mayor Patricia Piecuch, City Cierk ALB/acs 2 Court Street | Nashua, NH 03060 [ 603.589.4600 j www.nashualibrary.org Maurice L. Arel 6 Fireside Circle Nashua, NH 03063 1811 October 27, 201S Mr. Arthur ßarrett. Chairman Nashua Public Library Board of Trustees Nashua Public Library Court Street Nashua, NH 03060 Dear Mr. Barrett: It is with mixed emotions that I submit my resignation from the Nashua Public Library Board of Trustees effective November 4, 2015. As you are aware I have served the City of Nashua in various capacities continuously since January 1,1964 and this resignation will mark the end of my service. I am truly blessed to have served under your leadership and with the many devoted citizens who have served with me. I also want to thank Director Jennifer McCormack and her staff for the excellent job that they do everyday serving our patrons. I wish you, the Board and the staff continued success. I will miss you all. Sincerely, au/ice L. Arel City of Nashua Office of The Treasurer 229 Main Street - Nashua, NH 03060 (603) 589-3185 Fax (603)589-3228 To: Board of Aldermen November 16,2015 From: David G. Fredette, Treasurer/Tax Collector ^OCJ I Re: Purchase replacement for the Sterling LT95 Roll-off truck The purpose of this communication is to request approval from the Board of Aldermen for an item that was listed in the FY2016 Adopted Budget under Planned CERF Replacements that will exceed the ten percent purchase price threshold. In particular, the Sterling LT95 Roll-off Truck for the Solid Waste Department has come in at $ 117,400, which is above the $89,822 budgeted amount by $27,578 The reason for the variance in price is due to diesel engine emission changes in model year (s) 2004 through 2012 that were not captured in original estimated price of $89,822. For additional information, the city has to date purchased 16 of the items listed on the planned CERF replacement schedule for $1,691,190 which is $144,143 below the planned replacement cost of $1,835,333. As a result, the CERF fund has sufficient funding for the city to purchase the Sterling LT95 Roll-off Truck for $117,400. Pursuant to NRO 5-127.1 D Capital Equipment reserve Fund, which states: "During that fiscal year, the city may purchase that equipment, or equipment that will serve the same stated purpose as the listed equipment as lone as the price does not vary by more than ten percent of the estimated replacement value. All purchases from the Capital Equipment Reserve Fund must comply with the city's purchasing approval process. Any other requests to use funds from the Capital Equipment Reserve Fund must be approved by the board of aldermen." I respectfully request the approval from the Board of Aldermen for this planned purchase, which is over the ten percent threshold. Cc: Mayor Donnalee Lozeau 15-024 John Griffin, CFO/Comptroller Lisa Fauteux, DPW Director Jeff Lafleur, Superintendent Solid Waste APPOINTMENTS BY THE MAYOR NOVEMBER 24, 2015 Cultural Connections Committee Jean Adie (New Appointment) Term to Expire: December 31, 2018 19A Fairmount Street Nashua, NH 03064 I respectfully request that this appointment be confirmed. Donnalee Lozeau Mayor

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