Finance Committee
Regular MeetingNashua, NH · March 17, 2010
Minutes
REPORT OF THE FINANCE COMMITTEE
MARCH 17,2010
A meeting of the Finance Committee was held on Wednesday, March 17, 2010 at 8:15 p.m. in
the Aldermanic Chamber.
Mayor Donnalee Lozeau presided.
Members of the Committee present: Alderman-at-Large David W. Deane, Vice Chair
Alderman-at-Large Ben Clemons
Alderman-at-Large Barbara Pressly
Alderman Kathy Vitale
Alderman Arthur T. Craffey, Jr.
Alderman Paul M. Chasse, Jr.
Also in Attendance: Lt. Fisher, NPO
Karen Smith, Business Manager, NPD
Brian Sojka, NPD
Officer Reidy, NPD
COMMUNICATIONS
From: Robert Gabriel, Purchasing Manager
Re: Purchase of Mid-Size Unmarked Police Vehicles Requested by Nashua Police
Department (Value: $119,750)
Account: 331-68045-6613-6267 Recovery Act Grant 2009 - Vehicles $24,125
Account Balance Remaining After Purchase: $107,450
Account: 331-68045-6613-6271 JAG Grant 2009 - Vehicles $24,125
Account Balance Remaining After Purchase: $2,649
Account: 531-68020-6610 Unmarked Patrol Cars Group 1- NPD $71,500
Account Balance Remaining After Purchase: $575
MOTION BY ALDERMAN CLEMONS TO ACCEPT, PLACE ON FILE AND AWARD THE
CONTRACT TO MACMULKIN CHEVROLET IN THE AMOUNT OF $119,750. FUNDS ARE
AVAILABLE IN ACCOUNT NOS. 331-68045-6613-6267 ($24,125), 331-68045-6613-6271
($24,125) AND 531-68020-6610 ($71,500)
ON THE QUESTION
Alderman Deane
Where do we stand in our vehicle replacement schedule?
Mayor Lozeau
Are you talking relative to the unmarked vehicles?
Alderman Deane
Yes.
Lt. Fisher
The three vehicles that in essence are being replaced are three detective unmarked vehicles
which are two Chevrolet Impala's and a Ford that are the trade-ins. The three Chevrolet
Impala's will in essence replace those. Then an unmarked vehicle for professional standards
and an unmarked vehicle for the problem oriented policing unit. Did that answer your question?
Alderman Deane
No. You have a matrix of vehicles in, vehicles out. What else do we have remaining this fiscal
year that needs to be replaced?
Finance - 03/17/10 Page 2
Karen Smith
For this fiscal year, we've already replaced our regular patrol cruisers. These are the detective
vehicles that Lt. Fisher has addressed for the budgeted items, if that's your question. He is
correct that the three vehicles that were budgeted are being replaced. And then he also
answered the question that the other two are grant items. So, there are no additional cruisers or
unmarked vehicles to be purchased with budget funds.
Mayor Lozeau
That's why I wasn't certain, Alderman Deane, whether your question had to do with the cruisers.
That's why I asked if it was unmarked.
Alderman Deane
Are we back on schedule from a couple of years ago where we didn't do the replacements on
some of these?
Karen Smith
We can never be back on schedule. Once you're off track, unless you buy additional vehicles
within a year, you can't get back on schedule. We did have at one time, Mayor Lozeau had
purchased a portion of those vehicles, kind of mid-cycle, but we are still behind schedule. I
don't know if Brian Sojka could add to that as far as how many vehicles we're still behind. Do
you have that information with you?
Mayor Lozeau
Relating to the cruisers or the unmarked vehicles?
Alderman Deane
The cruisers. Both.
Mayor Lozeau
Alderman Deane, with all due respect, I don't know that they're prepared to answer that
question accurately tonight.
Mr. Sojka
I believe the marked are 2-3 cars behind right now. I believe in the next year to two years, we
may be back to our regular rotation again.
Alderman Deane
Look at that. He surprised us all. He was prepared.
Mayor Lozeau
It's not that he isn't prepared, Alderman Deane, with all due respect. It's that sometimes I don't
want people to feel that they have to answer something with certainty if they are not prepared to
do that. I'm trying to be respectful of what they are here for this evening.
Alderman Deane
So am I, Mayor. So am I. I feel I should be able to ask a question. This is a lot of money.
Mayor Lozeau
And, I'm happy to let you ask the question. I just want to be make sure that we're clear about
what it is about.
Alderman Deane
It just doesn't appear that way at times. That's all. Thank you very much.
MOTION CARRIED
Finance - 03/17/10 Page 3
From: Robert Gabriel, Purchasing Manager
Re: Purchase of Unmarked Police Vehicle Requested by Nashua Police Department
(Value: $25,990)
Account: 331-68045-6613-6267 Recovery Act JAG Grant 2009 - Vehicles
Account Balance Remaining After Purchase: $81,460
MOTION BY ALDERMAN CLEMONS TO ACCEPT, PLACE ON FILE AND AWARD THE
CONTRACT TO ALLEN MELLO DODGE IN THE AMOUNT OF $25,990. SOURCE OF
FUNDING IS ACCOUNT NO. 331-68045-6613-6267
ON THE QUESTION
Alderman Deane
I believe when you folks were here last with the marked cruisers we had spoken about this type
of vehicle. You had gone down to Tyngsboro to look at the vehicle. Are we buying this as
somewhat of a prototype to see how it works out?
Lt. Fisher
In essence, yes. This vehicle is going to go to the motor vehicle unit. It will let us test and
evaluate it. The motor vehicle unit doesn't transport prisoners so we don't have to buy a cage
and some of the ...
Alderman Deane
Added extras.
Lt. Fisher
This will let us test it for durability, things like that, and how it handles without having to invest
what we normally invest in a marked cruiser.
Alderman Deane
It will be interesting to see what your maintenance and operation findings are on the vehicle in
the end. Thank you.
Alderman Clemons
We're getting into a situation where Ford might not be making a Crown Vic in '011. That's my
understanding. This is an alternative. Are there any other alternatives out there besides the
Dodge?
Lt. Fisher
There's two other. Brian and I are scheduled to look in two weeks they are having an
"unveiling" so to speak down in Massachusetts. The Massachusetts Chiefs of Police
Conference which allegedly will be able to look at what the new Ford looks like. I think on the
Ford Website last Thursday announced it nationally. It's a substantially different car than the
Crown Victoria. At the 24 th of this month, there's a Chevrolet Caprice unveiling. And then the
last week in April, April 28 th , there's another show where we're supposedly be able to look at
and touch that car. This has all popped up in the last three or four days. When Alderman
Deane asked this question last time, we're really just looking at the Dodge in anticipation of
what Chevrolet might do. There's a lot supposition articles written. So we are aggressively
Finance - 03/17/10 Page 4
looking at what the next generation is. And the Mayor is really up to speed on this too. She's
asked the exact same questions. I think we're doing what we can right now to try to find out
number one, what the next police car is going to be and obviously, number two, how much it is
going to cost us.
Alderman Clemons
Right. Thank you.
Alderman Pressly
Could you explain the difference between the two vehicles?
Lt. Fisher
The charger that we're looking at, specific to this motion, is a four-door car. It's fairly similar in
its capabilities to the full size Ford. My personal experience, when I drove it, it has better driving
manners than the full size Ford, but the outward visibility isn't where I would like it to be for our
police officers. It sits down a little bit further. They average about two miles per gallon better in
gas. Supposedly if Tyngsboro is pretty up front with their maintenance schedule, it looks about
the same maintenance schedule that Mr. Sojka experiences in the garage for the Fords.
Alderman Pressly
It seems to me that it would be easier to get all of them the same model just for maintenance
and familiarity in driving and all? What made you get a different model?
Lt. Fisher
That's specific to Alderman Deane's question about what we are looking at. The Dodge we
know is planned to keep going for awhile. So one of the things we thought we could do is buy
this. They are about the same amount of money too. We can bUy this, get to use this, see if we
like it, and then have some better decision-making. The Chevrolet platform we use that for the
detectives. It's a front wheel drive. They aren't quite as expensive. They aren't quite as much
car, if that's the right word for it, than the Ford Crown Victoria is. The Crown Victoria's are rear
drive platform. It does better for patrol-type work. The detective vehicles, the Chevrolets, are
front wheel drive. They're not driven as hard. We are going to take a look at whether we would
have to re-tool if we picked up the different vehicle. That's another one of the costs that both
the Mayor has asked about and, I think, Alderman Clemons was alluding to. Are we going to
have to re-tool, get new cages. Only our marked cars, about 20 of cars, have cages in them.
They're like cage - behind the officer so you can transport prisoners. Detective vehicles don't
have those. We don't really have substantial two different cars. They're really two different
purposes and then we tool the car and equip the car specific to its purpose.
Alderman Deane
I didn't know if Alderman Pressly was aware of the fact that it was a year or so ago that Ford
announced that they were going to discontinue the Crown Vic line. That was why the
discussion about the other types of vehicles that were out there and they have obviously been
researching that.
Alderman Pressly
Thank you. I was curious about that.
Finance - 03/17/10 Page 5
Mayor Lozeau
Basically as Alderman Deane said, what they have is going to be gone. There's three potential
replacements for that. They are trying to figure out which one works the best and is most cost
effective, in a nutshell.
Alderman Clemons
After looking at the new Ford model that is coming out and the Chevy model that is coming out,
and looking at the pricing and reviews and that type of thing, would we anticipate to continue
using for next year's replacement the Crown Vic's and look at maybe a test model for one of
those two if that seems appropriate or if we're fairly confident with the Dodges, at that point,
we'll be going with that? What do you see in the future as far as what direction we're going to
go? What's the plan?
Lt. Fisher
Any departure from where we are is going to cost us more money. I think we'll have to take a
look at that. I can only guess, and we don't want to go out there, but I can bet that people are
going to be scrambling to try to scoop up those last few Fords because they are in the same
boat we are. They have cages that were expensive. They might have bought the last
generation light bar that only fits the Ford and things like that. I think there's going to be some
scrambling. We're going to have to take a hard look at that. I'd also be interested in the quality
of these other vehicles. If this is some whiz-bang thing, it's a lot safer, it's better, it's more fuel
efficient, we'll have to take a hard look at it and see what the proposals are going to be. The
Chief asks us these questions all the time, as does the mayor. They are great questions, and I
look forward to it. We're trying to do our homework so I can have a better answer for you next
time we talk about this.
MOTION CARRIED
From: Robert Gabriel, Purchasing Manager
Re: Purchase of Ballistic (Bulletproof) Tactical Vests Requested by Nashua Police
Department (Value: $41,753. 45)
Account: 531-46030-6372 Police Department - Protective Clothing
Account Balance Remaining After Purchase: $126,489 (2 Digit)
MOTION BY ALDERMAN CLEMONS TO ACCEPT, PLACE ON FILE AND APPROVE THE
PURCHASE WITH RILEY'S SPORT SHOP IN THE AMOUNT OF $41,753.45. FUNDS ARE
AVAILABLE IN ACCT. NO. 531-46030-6372
ON THE QUESTION
Alderman Chasse
The 15 vests that were bought in 2005, what was the warranty on them?
Officer Reidy
Five years, sir, and it expires in May of this year.
Alderman Chasse
Is that a standard life span for them? Five years?
Officer Reidy
Yes, sir.
Finance - 03117110 Page 6
Alderman Chasse
You don't have to "sir" me. I've had my days in the service. The new ones you're buying is
there a five year life span for them also?
Officer Reidy
That's correct, five years.
Alderman Chasse
And you're taking the old ones and using them for training?
Officer Reidy
That's correct.
Alderman Chasse
They only have a five-year life span. Have they been out there before by somebody else prior
to us? I'm surprised. Why only five years? You really don't use them every day do you?
Officer Reidy
The company warranty them for only five years. Quite honestly, once you wear these vests, its
best described as putting a garbage bag on afterwards. The officers, in a tactical operation,
they may be in these vests for anywhere from 8 to 16 hours. It gets extremely hot and the
officers sweat in these vests and they take quite a beating. The carriers for these vests really
break down over time. So, five years on a tactical vest, you're at the end of the life expectancy
for that vest.
Mayor Lozeau
And those that are tactical, they're mandatory to wear every day.
Officer Reidy
Every day. That's correct.
Alderman Pressly
I was wondering if we would have a fashion show tonight.
Officer Reidy
If I had known, we could have brought one in for you.
Alderman Pressly
Is one person assigned to one vest?
Officer Reidy
Yes, these are individually issued and individually fitted.
Mayor Lozeau
They did just describe how they use them. Wouldn't you hope, Alderman Pressly?
Alderman Pressly
That's why I asked.
Alderman Deane
Do they make a lot of noise when you put them in the dryer? In the washer?
Officer Reidy
Unfortunately, we can't put them in the dryer.
Finance - 03/17/10 Page 7
Alderman Deane
They have to air dry?
Officer Reidy
Yes. When we do these operations, sometimes it is in the rain and snow. These things get
soaks. The new vests that we are purchasing, the new standards that the National Institute of
Justice came out with is that the ballistic panels have to be waterproof now because when water
got into the ballistic panels, it would degrade it. The new standards now says it has to be
waterproof. A lot of these operations in the rain or snow, we would have to air dry these as
much as two days to get these tactical vests dried again. The new standards help eliminate
that.
Alderman Deane
That's still Kevlar technology?
Officer Reidy
Troyon and Spectra are the two products that are in the ballistic package.
MOTION CARRIED
From: Robert Gabriel, Purchasing Manager
Re: Contract Award for CTV Studio Lighting (Value: $33,500)
Account: 305-6013 Cable Access Special Revenue Fund
Account Balance Remaining After Purchase: $91,801
MOTION BY ALDERMAN CLEMONS TO ACCEPT, PLACE ON FILE AND AWARD THE
CONTRACT TO BARBIZON LIGHTING IN AN AMOUNT NOT TO EXCEED $33,500.
SOURCE OF FUNDING IS ACCT. NO. 305-6013
ON THE QUESTION
Alderman Pressly
As the liaison to this group, I would like to tell you that the new setup is just really great. They
will be having an open house probably within a month or so. I hope everybody will come. It
really is wonderful. I trust you've been there, Mayor.
Mayor Lozeau
Yes. I should tell the committee that one of the things we're looking at before the contract is
signed is looking at whether or not we can use green lighting and that sort of thing. It's going to
depend on affordability and that sort of thing, but we're looking at what our options might be for
that.
Alderman Pressly
I think they've done a lot to know what they've spent and what they have. They certainly got
good value for what they purchased, in my opinion.
Mayor Lozeau
Thank you. They've done it on budget, on time. It's all good. It would just be a bonus to get the
lights that are green.
MOTION CARRIED
Finance - 03/17/10 Page 8
From: Robert Gabriel, Purchasing Manager
Re: Contract Award for Upgrade of Aeration Blowers, Aeration Tanks & Secondary Clarifiers
Design Phase Services (Value: $171,141)
Account: 792-53032-3747 Capital Improvements - NWTF
Account Balance Remaining After Purchase: $578,749
MOTION BY ALDERMAN CLEMONS TO ACCEPT, PLACE ON FILE AND AWARD THE
CONTRACT TO WOODWARD & CURRAN IN THE AMOUNT OF $171,141. FUNDS ARE
AVAILABLE IN ACCT. NO. 792-53032-3747
MOTION CARRIED
From: Robert Gabriel, Purchasing Manager
Re: Contract Award for CSO Drop-Over Structure Project Construction Phase Services
(Value: $89,600)
Account: 792-01310-3791 Construction - CSO Drop Over Structures
Account Balance Remaining After Purchase: $0
MOTION BY ALDERMAN CLEMONS TO ACCEPT, PLACE ON FILE AND AWARD THE
CONTRACT TO S E CONSULTANTS IN THE AMOUNT OF $89,600. SOURCE OF FUNDING
IS ACCT. NO. 792-01310-3791
ON THE QUESTION
Mayor Lozeau
This is the item that we took up at the last Finance meeting. This is now the oversight of that
work.
MOTION CARRIED
MOTION BY ALDERMAN CLEMONS THAT THE RULES BE SO FAR SUSPENDED AS TO
ALLOW FOR THE INTRODUCTION OF A COMMUNICATION RECEIVED AFTER THE
AGENDA WAS PREPARED
ON THE QUESTION
Mayor Lozeau
I put on everybody's desk tonight a memo from Director Hersh that was given to me relative to
Pine Street. This communication deals with giving you a snapshot of the Labine building and
some decisions that had to be made. The funding that we're talking about here is coming from
the Neighborhood Stabilization dollars. It was the cost associated with saving the bricks and
keeping them from going inside, about cleaning up the site, about moving the fence in to get the
streets open. We needed to get approval from the Neighborhood Stabilization oversight
administrators which is the CDFA, the Community Development Finance Authority for them to
allow us to dedicate funds. We wanted to make sure that we could use the dollars from that
project for this, rather than having to use city dollars. They just approved that on Friday, and
this memo reflects that information. At the next finance meeting, you'll have the official memo
from me that will be placed on file with the city clerk and provided to the committee.
Alderman Deane
When we accepted that $1.5 million, it gave you sole authority over the money, right? Did it
not?
Finance - 03/17/10 Page 9
Mayor Lozeau
Except for if we purchase things; it will come back to the board. I don't believe we can purchase
properties. That was an item that came up and I'm not sure that legal has provided me with any
different information than what I'm under the impression of. And that is, should we buy a
project, land or building or anything like that under this. I believe it still comes under the
jurisdiction of the Board of Aldermen to purchase property. I will check.
Alderman Deane
Was this building underinsured? That's what I've been told. The owners of the building did not
have enough insurance on the building. Is that true?
Mayor Lozeau
I wouldn't want to speak on behalf of the owners and whether they consider themselves over or
under insured. I can tell you that there was not enough funds for the owners to rebuild the
building.
Alderman Deane
So if we get into a situation now where somebody else has a fire and they are underinsured, is
the city going to go bail them out too? This is wrong. Although I understand the historical
significance of the building and the neighborhood and all that has been stated about it, I can't
support the city spending any money on this project. I think it's wrong. If they weren't insured
properly to the replacement value amount of the structure, we shouldn't be involved. We should
not be throwing money at something because somebody has a financial problem. And that's
what this does.
Mayor Lozeau
I would disagree, Alderman Deane, and for these reasons. First of all, I don't think we are
throwing any money at this project. To characterize it as throwing money at something really
doesn't do justice to what's going on here. I think the city is investing in this project. We
received $1.5 million that was designed specifically for us to invest in stabiliZing our
neighborhoods. It isn't about a fire happening and somebody was underinsured and we're
bailing them out. Those owners didn't need the city to play any role at all. They had enough
money to take that building down and then do what they wanted with their property. They could
have chose to rebuild it through another source. They could have went to a financial institution.
They could have partnered with somebody. They could have done a lot of things. If you look at
this project, we have a few options. One is we can do absolutely nothing and let the owners do
what they want to do and let that corner be developed or not developed in a manner the owners
of the property want to see happen. Or, we could look at it and try to leverage dollars from the
city to have some role in how we develop that area, which as you know, is an area that we have
targeted over the years, before I got here and since I got here, as an area that needs some
redevelopment. We've looked at the Bronstein Apartments and what we could be doing there.
Other tree streets, about what we could do about density. This money was targeted for that. It
just so happens that this building had a fire. It is right along the area where we talked about
investing these dollars. In addition, as you know, it's along the Broad Street Parkway. Now
while the Broad Street Parkway isn't going to effect that building, that certainly is a building that
when you go into that neighborhood lays out what people's opinion is of that neighborhood just
in how it is designed. So from my perspective, the first option is look at restoring the building. If
we can do that with a private developer and keep it on the city's tax rolls that's how I would like
to invest our money. If we can't do that, I would like to own that site because this site isn't just
that triangle where that building is. This is an additional three parcels that abut this. Having
some ability to have ownership and how that site is developed and how that plays into key
Finance - 03/17/10 Page 10
pieces in this neighborhood that we're looking at, I think is crucial. And whether it's that building
rebuilt or something different, I think putting the city in the driver seat for that is really important
at this juncture. And that's what this does. Does that mean if a building burns down
somewhere else in the tree streets, we're going to run in there and buy it? I think it depends on
what the property is and what we bring to the table. Frankly, I'm concerned about some of the
buildings that are being purchased by some of the other non-profits that receive funds where
they are investing more dollars in than the value of the property on a building that is not historic
in nature. But those aren't our funds to deal with. I think we have an opportunity to spend our
funds very wisely and in a very key location here. I think from my perspective the ability to
control that site and how it is developed, especially as we're looking across and meeting with
the Housing Authority about Bronstein, knowing about what we're doing in the Millyard. We're
hopefully going to purchase the building on the other corner for the Broad Street Parkway. It's
all being able to look at this from a distance. And when you layout the maps and you start
looking at those pieces and you see what Batesville has done that's now Pond View, we have a
great opportunity here to do something. I think we ought to make sure we do everything we can
to do that. I feel very strongly as you can tell about that.
Alderman Deane
I appreciate your opinion, as always, Mayor. Let me give you my vision of the money. The $1.5
million we received. I was under the impression that we were going to be looking in that area
that was pretty much laid out for these properties that were in foreclosure, looking at the costs of
them and wondering whether they should be demolished or should they be repaired. These are
the residential properties up through the tree streets area. That's what I thought the money was
going to be used for. It's just rather ironic that we're sitting on a piece of legislation to buy
another building across the street for $250,000 in the same neighborhood and tearing it down.
We purchased other property on the other side of this Labine building and torn that down. We
purchased property in the Millyard and tore that down that didn't have to be torn down. Now we
have these emergency stop work orders because of this, and I'll say it, I guess it's an
underinsured property that now the city has taken a vested interest in because of the Broad
Street Parkway and the neighborhood vision and everything else. I really struggle with the
money be used like this. I know the building has historical significance. I understand all of that,
but so did the buildings in the Millyard that got torn down for no good reason. Those had
historical significance. So does the Gate City Fence or the Forest building that runs from one
end to the other, where a portion of that is probably going to have come down. That has
historical significance. That whole area is changing, and then you have this fire and you have a
building that is constructed to fall in upon itself that was probably in pretty much disrepair to
begin with. That fire just about destroyed the whole thing. Whether they tear it to the ground it
and reconstruct it or whatever they choose to do as private owners ... Are other people in the
neighborhood going to be afforded the same opportunity with their properties? I just don't get
why. I object to the fact that somebody's underinsured and the city is dolling out this money to
make up the difference.
Alderman Clemons
The fact that these folks were underinsured, I don't think really plays into this because as you
pointed out, Alderman Deane, the purpose of the grant that you thought it was was to redo
properties that were in foreclosure. My argument there would be the same as yours. Why are
these properties in foreclosure? Why can't they pay their bills? You can use the same
argument. I don't think it has anything to do with it. I think the money that we have needs to be
leveraged in the most effective use. In this case, this opportunity presented itself. That building
is a very historical building. It sort of is the catalyst of the neighborhood in the sense that when
you drive up there, that's what you see. I think that restoring that building and getting it back to
an even better state than it was before it burned down is the right thing to do. Whether or not
the owners had the proper insurance on there or not, I don't think really matters. Because I
think that even if they did, this would still be something that we would want to do.
Finance - 03/17/10 Page 11
Alderman Pressly
I don't think the insurance has anything to do with it either. I think the issue is the building. We
now know that the building is eligible for listing on the National Register of Historic places.
Although it is not listed, it is eligible which means it is eligible for tax credits. It's what in
preservation circles they call an anchor building. It's sort of the building that holds a whole
neighborhood together. If you loose that, you lose far more than just that one building. I'm
totally out on that limb with the Mayor. I think that this building really everything should be done
to save the building for the neighbors' sake, for the whole community sake. Often times if you
really invest and show the people what a great building and an area is, it has a wonderful ripple
effect. I do support this. I do have a question though. Where do we go from here with it? Has
it been decided yet? Are they going to sell it to the city so the city can then ...
Mayor Lozeau
We've made an offer. We're hopeful to have an agreed to price and then we'll move forward
with that.
Alderman Pressly
I think that is the thing to do. When you have a situation like this, you mentioned it, Madam
Mayor, at one meeting, and we've talked about it in some circles, we need to identify these
buildings throughout the city before there's a fire or before something happens to damage them.
It would be important and possibly the Historic District Commission is that vehicle. But, we need
to identify all the buildings within the historic district have been surveyed. They are on file and
they are registered for the quality of what they are. But outside the district boundaries, they
have not been identified. There are single buildings throughout the city that have been listed on
the National Register by themselves. I would hope as a result of this that someone will take on
that effort to identify all the historic buildings throughout the city so that we're prepared. We
probably need to also take a look at their condition and how valuable or maybe not of value they
are to a neighborhood so if again an emergency like this happens we have everything lined up.
We've also started to put together a list of contractors and engineers that specialize in historic
buildings. I'm sure all of you know that any professional has a tendency to favor or disfavor
different techniques. We're finding that there are engineers within driving distance of Nashua
that are recognized and are considered preservation engineers so if something like this
happens again, we're ready to move really quickly on identifying the building, knowing a bit
about it. So, I totally support this, and thank you.
Mayor Lozeau
I want to make it very clear that the insurance does not have anything to do with this. The
owners did not need help from the city to take care of their building. I'm hoping to leverage
these dollars because $1.5 million is not going to rebuild this building. I don't want to leave
anybody with the impression that when we do this and when we do the purchase and sales,
presto-change-o, we're going to have a building built back up and it's going to be that building.
can't tell you that that is going to be the case. So we're trying very hard to have a reasonable
purchase and sales that doesn't eat up what funds that we can leverage. We have a RFP
prepared and ready to go out. I'm hoping that will be out in the next day or so to get out there
and have people respond to it to make sure that there's people interested in working with us to
get this job done. Alderman Pressly, the buildings that you talk about, where in that place
where that if an owner choose to have enough insurance to rebuild, that's their choice. If they
have enough insurance to take it down, that's their choice. If there's mortgage is paid, and they
have no insurance, that's their choice. So the city's role is somewhat limited on what we can
do. In addition to categorizing, as you're describing, all of our buildings and having some kind of
information about all of them, what I wanted to find out is if there's something else the city could
Finance - 03/17/10 Page 12
do to have some kind of insurance policy that we might look at that maybe building owners
could contribute to so that in a crisis we might be able to have dollars that could be used to help
if they are underinsured or to help if we do want to save it or whatever that might be. Some of
you are very familiar with the building in Railroad Square that had the car accident. It would
have been quicker and easier for the owners to go in and knock that building down and have
either a blank space or start over or whatever. We have tried to work with them to try and save
the building. Frankly, while in the long run the city is likely to benefit from that building, they are
being replaced and rebuilt and structurally sound, we are very much on the short end of the
stick right now. It looks horrible. It's wiping out a sidewalk and parking meters. We're losing
income from those parking meters, and I'm very concerned about how long it's taken. But the
process for them to go to the historic district and bring their plans in has really taken a toll. I'd
like to see if we could find a way for certain buildings ... anyways, that's a whole other story. I
think the dollars that are being used here are being well spent.
Alderman Chasse
I'm looking at both sides of the coin, and I have to agree with both of you. What I don't like is
we get this in front of us tonight, and I don't have time to sleep on it. You're asking me to make
a decision. It says in the bottom line "Given the immediacy of the situation, and per City Code
Section 5-90G, you authorized the expenditure of $50,000" so they could secure the building. Is
the building not secure right now?
Mayor Lozeau
The decision tonight for this night is to accept and place on file this communication that you
received. I made the decision under the NRO.
Alderman Chasse
So you've already gave the $50,000.
Mayor Lozeau
Committed, that's correct.
Alderman Chasse
Did I hear you say we put a purchase and sales on it? The City of Nashua is looking to buy this
particular building?
Mayor Lozeau
That's correct.
Alderman Chasse
Are we going to pay to put it back up?
Mayor Lozeau
We're putting an RFP out. I'm hoping to get a private person to come in and want to renovate
and rebuild that building. Our dollars can be used to leverage the costs so it is affordable for
somebody to do that. What I don't want to do is I don't want to get in a situation where we end
up ... For instance, we looked at whether or not we should be partnering with one of the other
agencies that received these same dollars to pool our money and build a building again. I didn't
want to do that because I didn't want it to be a non-profit and not on the tax rolls. The stages
Finance - 03/17/10 Page 13
are this: First a decision had to be made to not demo the building completely. That required a
decision to be made about the cost associated with the stopping the demo - tarping the
building, moving the fence, getting the street open, saving the bricks, not dumping the bricks in
the building, that sort of thing. I had to make that decision. I did that. That's what before you
tonight. The next step.
Alderman Chasse
That's not my question. My question is at the end when it is all build, said and done, who's
going to own the building?
Mayor Lozeau
Not the city.
Alderman Chasse
Are you going to turn around and sell it?
Mayor Lozeau
My hope is that we will take ownership of the site as it is. Find a private developer to come
along and develop that building and they will own it. We will sell it back to them or we will give it
to them, depending on how the dollars work. We will take these neighborhood stabilization
dollars and we'll leverage them as they were intended to be leveraged. As Alderman Deane
was mentioning, if we bought a foreclosed property or an abandoned property, renovated it, I
have said to the board since the beginning when we accepted these dollars, I do not want to be
a landlord. I don't want to be in a business of owning property. So, all I'm trying to do is secure
it long enough to determine whether or not we can find somebody that can then be able to take
their own dollars, leverage it with what the city has on the table, and put that building back on
the market and use it again. If that doesn't happen, and that building has to come down, then
the city will own those four pieces of land that we can then decide what we are doing. Are we
selling them, are we using them? What are we going to do with that. That's Plan B.
Alderman Chasse
I can see other things happening out there. Let's say somebody's house burns down and I
agree with Alderman Deane. They will say: "I need help. I'll go see the city." I know it's a
historic building. I understand it's a historic building, but ...
Mayor Lozeau
The owners don't need help from us though.
Alderman Chasse
I know they would have destroyed the whole thing. I understand that. I understand that it would
have been a vacant lot and they could have done whatever they want and you want another
house to go up or you want something else to go up because you want tax revenue from it. I
understand that perfectly well. I'm just saying I think we're opening a can of worms here
because other people are going to say they can't get help from the city because it's not a
historic building.
Finance - 03/17/10 Page 14
Mayor Lozeau
Let me tell you again. Nobody is helping anybody with anything. The owners don't need our
help. We did not step up and say: "Poor you, you don't have enough money." The argument
that you are making, fundamentally needs somebody to go: you helped them, you put money
on the table for them. And, we are not putting money on the table for them. We are putting
money on the table because we applied for money. We asked for money for neighborhood
stabilization. We said you've got this money, we'd like to apply for it and we'd like to use it in
the neighborhood strategically to develop that neighborhood in ways that we think meet with our
Master Plan and better serve the community. If this fire would not have happened and this
opportunity - I shouldn't call it an opportunity because it's too bad that the fire happened. I
would have liked to leave the building perfectly alone. It was owned property, it paid taxes, it
wasn't a problem. But when the damage happened and we had an opportunity to say we can
use these funds and leverage it, nobody needed our help. This benefits the city. This benefits
the neighborhood. This isn't an individual homeowner that didn't have the money and please
come help me. That's not the can that we are opening. I understand that it may appear that
way, but I can tell you unequivocally that it absolutely not the case here. It just isn't. And the
buildings that came down in the Millyard that maybe didn't need to come down, all I can say it
didn't happen on my watch. I put a lot of time into looking at some of these things. As a matter
of fact, under the new plan for the Broad Street Parkway, we're not going to have to take down
the Nimco building. And the Gate City building, we're only going to take a portion off the back.
There are things that we're being careful about.
Alderman Chasse
It's okay. I'm only voting to put this on file anyway. You've already spent the $50,000.
Mayor Lozeau
I know but I just wanted you to have some comfort in knowing the approach I took and why.
Alderman Pressly
Would it be fair to say that the $50,000 that has been spent will be part of the return and
leverage package so over time that will be reinvested in other properties?
Mayor Lozeau
Potentially. We have to look at how these dollars will be used, how many are on the table. I
don't' want anybody under the impression that we are putting this money out there and that it all
comes back to us. Any money that comes back goes back to the CDFA, not back to the city.
Alderman Pressly
Okay, but that is basically the goal of all this type of money, to be able to respond to
circumstances, be it this building or another building, step in, do what needs to be done for the
community and then hopefully get the property back on its feet and then use this money another
time.
Mayor Lozeau
The key word here is stabilization. Neighborhood stabilization. If somebody said to me you
have to come up with a million dollars of city dollars to put in there and rebuild or leverage, I'd
say I'm sorry, I can't do that. If you haven't paid attention, I have school troubles; I have roads
that aren't. ... I have plenty to that I could not justify doing that. But because these funds were
Finance - 03/17/10 Page 15
available and are specifically targeted for this purpose, I think it would be a mistake for us not to
utilize it this way.
Alderman Pressly
I just said before and I will say again, that we should do whatever it takes to save this money
and this neighborhood. Thank you.
Alderman Deane
You cited 5-90G, and in 5-90G, it states: "The written finding, specifying in detail the reason for
the contract, the need for immediate action, and the contract terms and amounts, shall be
addressed to the Board of Aldermen and filed with the City Clerk, in which event award of the
contract may be made immediately by the Mayor without aldermanic approval, and shall be
presented to the Finance Committee at its next meeting for review." This wasn't given to the
Board of Aldermen. Was it filed with the city clerk's office?
Mayor Lozeau
Alderman Deane, this memo is not from me. It's to me from Director Hersh. What I said as we
started is I know I have to take that action. Write the memo and file it, and I intend to do that. I
simply could not do it between the time I got the information and the time I had for the finance
committee tonight. So, in my world the next finance committee meeting isn't tonight's meeting.
I was just trying to be courteous giving you this information as quickly as I could. So, I will take
those actions, as Mr. Gabriel pointed out to myself and Director Hersh that there is a process
that needs to be followed, and it will be. As I said to Mr. Gabriel, I just assume get the memo
from Director Hersh out to the members so they know they have a full explanation. My memo
will be significantly shorter than this and will be filed with the Board and the City Clerk's Office.
Alderman Deane
But the $50,000 has already gone, right?
Mayor Lozeau
No giggling, Alderman Chasse. I get to make that decision and I did make a decision. Yes.
Alderman Chasse
It's all about the money.
Mayor Lozeau
Actually in this instance, it's all about the time. They did a heck of a job getting those streets
open for us quickly and saving those bricks. We had to make a decision and I made it.
Actually in this instance, it's all about the time. They did a heck of a job getting those streets
open for us quickly and saving those bricks. We had to make a decision and I made it.
Alderman Deane
These are a portion of the NROs that need to be looked at, I think. When I look at that, maybe
I'm just not looking at it broadly enough. But I always looked at 5-90G as we had a sewer
collapse. There's a hole in the street. Yes, go down and fix it. I always looked at 5-90 where if
we had something that posed an immediate threat to the neighborhood. Ya, there's falling
bricks but there was a fence around the building that they had to put up. Ya, there was probably
Finance - 03/17/10 Page 16
issue with the fire department with their response time getting to different neighborhoods
because of that being closed off. You could use those as examples in this neighborhood, but I
think this is a far stretch using this portion of the NROs to spend $50,000 to try to save a
building that is in absolute disrepair and % of it is inside the basement. Like I said to you earlier,
Mayor, I looked at when we got that $1.5 million, I looked it when it was called neighborhood
stabilization money where you go through these areas similar to what they did - remember the
old Myrtle Street project when they did the little urban renewal down there? They dropped the
bulldozer blade and just leveled that whole neighborhood because it was in such disrepair. I
looked at this money as being used for going in and taking care of some of the blight. Whatever
is happening here that we're not privy to, except for what you've told us this evening, we don't
work here, whatever is going on with these builders and the owners and these other people to
save something, it looks like it is in absolute disrepair to me. I understand the historical
significance that Alderman Pressly brings up, and your issues with how it is a pivotal portion of
the neighborhood and all this other stuff. What did it have in it? The Social Club.
Mayor Lozeau
It isn't necessarily what was in the building. It is where the building is. ..
Alderman Deane
It's just ironic that ...
Alderman Clemons
People lost their homes...
Alderman Deane
We're buying a building across the street from it and tearing it down. Pardon me.
Alderman Clemons
People lost their homes in that building in that fire.
Alderman Deane
I understand that Alderman Clemons.
Alderman Clemons
There are hundreds of members of the Club Social that no longer have a place to go.
Alderman Deane
That's not true, Alderman Clemons.
Alderman Chasse
That's not true.
Alderman Clemons
And lots of..
Finance - 03/17/10 Page 17
Alderman Deane
They have re-established themselves.
Mayor Lozeau
Alderman Deane, with all due respect. ..
Alderman Clemons
There are patrons in that store that no longer have a place to shop. They have to shop
somewhere else. Getting that building rehabbed and trying to get those businesses back in
there, yes, I agree with the mayor. I think we should do it, and we should try to do it as fast as
we can. If we can get people back into their homes or maybe it will be something different. I
don't know. But the building was a central piece of the neighborhood. The neighborhood that I
live in. And yes, I have an interest in that. I want the building there. I want it back and I would
like to have it be similar to what it was before.
Alderman Deane
There's going to be significant changes to that neighborhood. It will never be the same as the
next couple of years go on. This isn't a battle I'm going to win. Enjoy spending the money. I
won't support any part of it. I was under the impression the money was going to be utilized for
other purposes. And, I understand what you're saying, Mayor. Believe me, it's nothing
personal. You had to make a decision and that's what you chose to do with it. That's fine too.
Mayor Lozeau
I don't take it personal. I didn't envision the money being used for this building. It just
happened that we had that money and what happened to the building happened. I can tell you
that the $1.5 million would not be able to do some of what you described with coming in and
doing the projects and things like that. Some of the abandoned and foreclosed properties that
I'd like to have seen taken out, you'd be surprised. Well you wouldn't be because you're in the
business. When you start rehabbing a house, taking it down, it always costs more than you
expect. The other thing that I think that has been missed here tonight that I think is important to
say is that the owners have actually been in a hardship waiting for us to do our due diligence.
They have dollars that have not been released from their bank and from their insurance
company because they are waiting for us because without an appraisal, we can't spend this
money. I already told you if it was $50,000 straight city dollars, I would not have made the same
decision that I made. To me it was an emergency knowing that it would be gone and that
decision could not have been revisited. No, it wasn't a sewer collapse which we have done
more than once here. But it was the building is going to be gone in three hours, do you want to
try to keep it because if you do 1'11 tell you it cost an awful lot of heartburn for these owners
who went out of their way to say and they are just regular Joes that just happened to invest in
this building a long time ago. It was a lot easier for them to just be done. So, I don't' want to
mitigate what they've had out there either.
Alderman Pressly
I've been trying to think about how to discuss this debate and one thought comes to mind. One
man's trash is another man's treasure. We all have different ideas how to spend the money.
Although I would support fixing sewer collapses, I think this is really important, and I appreciate
what you have done.
Finance - 03/17/10 Page 18
Alderman Chasse
This is just on a piece of paper to file?
Alderman Deane
It wasn't the piece of paper, Alderman Chasse. It was the content.
MOTION CARRIED TO SUSPEND THE RULES
From: Katherine E. Hersh, Director, Community Development Division
Re: $50,000 demo costs for 43 Pine Street
MOTION BY ALDERMAN CLEMONS TO ACCEPT AND PLACE ON FILE
MOTION CARRIED
UNFINISHED BUSINESS - None
NEW BUSINESS - RESOLUTIONS - None
NEW BUSINESS - ORDINANCES
0-10-15
Endorser: Alderman-at-Large David W. Deane
RELATIVE TO ANNUAL UPDATES OF THE PURCHASING MANUAL
.. Also assigned to Personnel/Administrative Affairs Committee
MOTION BY ALDERMAN CLEMONS TO RECOMMEND FINAL PASSAGE AS AMENDED IN
THE PERSONNEL/ADMINISTRATIVE AFFAIRS COMMITTEE PRIOR TO THIS MEETING
ON THE QUESTION
Alderman Chasse
Did we scratch out "and then provided to the finance committee"?
Alderman Deane
That's left in there.
Alderman Chasse
It's still in there, right?
Alderman Deane
Absolutely.
Mayor Lozeau
I'm actually going to move to amend, unless someone does, to take that language out.
Alderman Chasse
That's up to the endorser.
Finance - 03/17/10 Page 19
Mayor Lozeau
Well, it's not just up to the sponsor. As a member of the committee, anybody can, if you're a
member of the committee or if you're a sponsor.
Alderman Pressly
I don't have the ordinance in front of me. What's in there now and what is it that you want to
change?
Mayor Lozeau
In the meeting prior to this meeting, the committee took it up and allowed me to speak and raise
a concern that I had. The language was to say that under the provision of the purchasing
manual that the procedures, rules and regulations shall be collected in a purchasing manual
which shall be reviewed and updated annually and then provided to the finance committee. The
committee and the sponsor agreed to an amendment that now reads "which shall be reviewed
annually and updated as necessary and then provided to the finance committee." I had asked
that committee to consider striking the language "and then provided to the finance committee."
The reason that I had asked that was because I am concerned about legislating through
ordinance items of the staff shall provide to committee members. We had a lengthy discussion
in the prior committee about who knew that we had a purchasing manual, who didn't. We talked
about the orientation, as you know, Alderman Pressly. My concern is that members have this.
It is my intention to have the updated manual on the website by the end of the month which I
said to the committee. My problem is legislating receipt of something that anybody can get
should they choose to get it. I think it is a legitimate concern to say we have to even know it's
there to have it, and I can understand that. But you would be surprised how many locations and
ordinances and resolutions where it tasks staff or the mayor to do things that we lose track of or
didn't know we were suppose to do, or whatever the case may be. I think that there's a shared
responsibility here for having the information to do your job.
Alderman Pressly
Have you made a motion to do that?
Mayor Lozeau
Yes, I just made that motion in my conversation. It's open to amendment right now. It's a little
different than the legislative procedure at the state.
MOTION BY MAYOR LOZEAU TO PUT A PERIOD AFTER "AS NECESSARY" AND STRIKE
THE LANGUAGE "AND THEN PROVIDED TO THE FINANCE COMMITTEE"
ON THE QUESTION
Alderman Pressly
As a member of the finance committee, I support the legislation as drafted. I know I want a
copy and so with all due respect, I would not support your amendment. Sorry, Madam Mayor.
Mayor Lozeau
No apologies necessary.
Finance - 03/17/10 Page 20
Alderman Vitale
I would have to agree with Alderman Pressly. I think in this case, having the information given
to the finance committee is more important, if I could put it that way. I don't know any other way
to insure that we do get it at this point other than it's on the website. I know I can go to the
website, if my printer is down, I can't print it out. It doesn't do me any good to have it at my
house looking it up. I like the hard copy.
Mayor Lozeau
I don't disagree. Anybody that asked for it, we'd give it to them. I'm happy to withdraw my
motion. There's no point having that argument when the consensus of the group clearly is to
have it in there. So, I will withdraw that amendment and leave it as it is with the motion to pass
with the amendment that I read earlier.
MOTION WITHDRAWN
MOTION CARRIED TO RECOMMEND FINAL PASSAGE AS AMENDED IN THE
PERSONNEL/ADMINISTRATIVE AFFAIRS COMMITTEE PRIOR TO THIS MEETING
DISCUSSION
Alderman Deane reviewed the warrant and it appears to be an increased use in credit cards.
He asked if the city had new credit cards and all departments now have them.
Mayor Lozeau responded no.
Alderman Pressly asked if they could find out who had credit cards and what limits and
boundaries they had.
Mayor Lozeau said she would be happy to provide that information.
In response to Aldermen Deane's request, Mayor Lozeau stated she would provide him with a
copy of the credit card policy.
Alderman Deane remarked that this is the first time he's picked up on a number of citizen bank
4700 accounts. He hadn't seen that in the past. He also asked about contacting Comcast
about the city's contract and opening the contract for renegotiating the services being brought
into city buildings. He asked the Mayor if she thought that would be worthwhile.
Mayor Lozeau remarked it is always worth an effort to look at something if the city can save
dollars. She believed they were 5 years into a 7-year contract. It's in the contract that Comcast
cable would be included at no charge to the city. It's the internet services that have grown in
service since the contract was signed. The Mayor has reached out to Comcast to ask them
about that. They are looking at what the dollars are. She doesn't know if they will be willing to
open the contract.
Alderman Deane said it was quite an eye-opener to see the cost of the T-1 line go into the
police department and the difference in cost from the Comcast line. He knows the city has
gotten rid of quite a few of the T-1 lines.
Mayor Lozeau believed the city had less than a half a dozen T-1 lines.
Alderman Deane said even when the fibers went in, the city was still stuck with quite a few of
the T-1 lines. He asked if Mr. Barker had that information.
Finance - 03/17/10 Page 21
Mayor Lozeau said she could get that information for Alderman Deane.
Mayor Lozeau stated that Alderman Deane has been voting against the warrant. She was
curious why and wanted to make sure he wasn't seeing something that the rest of the members
were missing. The warrant is funds that the city has already obligated itself to. It's a process by
which they make sure that a service has been rendered and then is paid for.
Alderman Deane
They might have been services that have been rendered and money that had been budgeted
and then appropriated to the certain vendors but when I look through some of the expenditures
that are being made, he doesn't agree with what has been done with the money and way it is
being spent, and not necessarily in city hall. Alderman Deane still has not received an answer
on a contractual clothing allowance, where the City is buying items at an apparel store in
Manchester. He doesn't have problem putting uniforms on police officers; he has a problem
buying them suits. He also looks at the school district paying mileage out to all these people,
and that's their right, but Aldermen Deane sees spending trends and some just don't see what's
going on in the real world. He really struggles with what they are spending money on.
Alderman Deane said he could pull out 90-100 items out of a warrant. He would love to ask
these people if it were their money if they would be spending it this way.
Mayor Lozeau has been concerned about it, and she doesn't necessarily disagree with some of
the points Alderman Deane raised. The clothing allowance are in the union contracts. Some
other items are likely in the budget. She suggested Aldermen Deane bring his concerns to her
attention while she's putting her budget together, she can ask those questions. But when it gets
to the warrant, the suit has already been bought. The vendor has no idea whether or not we
agree that the suit should be bought. He should be paid and that's what the warrant represents.
Alderman Deane said there were two settlements in the warrant for legal services provided
through Risk that exceeded $10,000. Normally when there is any sort of settlement, legal
payments, it always comes to this committee. Finance hasn't had any non-publics to discuss
those settlements, one going back to 2001.
Mayor Lozeau thought some of the ones they had last year in this committee could be the ones
that are just getting paid out now, but she'll look into those.
Alderman Deane remarked under 308 area, WC, there's Marvel Plate Glass. Perhaps that was
a typo. Alderman Deane will peel out the ones he has concerns with for the next warrant and
send them to the Mayor. He also has a problem with the link sent electronically.
Mayor Lozeau said they are looking at that.
Alderman Pressly asked when the appropriate time was to question the expenditures?
Alderman Deane said when they receive the warrant, the expenses have already been made.
Mayor Lozeau said you have to pay payroll.
Alderman Pressly asked if you have question on policy, then it should be brought up at the next
budget process?
Mayor Lozeau reiterated her previous suggestion to Alderman Deane. If a member raises a
concern to her, she can bring it up during her budget process. She said after her first finance
meeting, she asked every division director to take responsibility for their section of the warrant.
Before I received it, I wanted their signatures on it. Each director has signed their respective
piece of the warrant, to say they had incurred those expenses and they should be paid. She
Finance - 03/17/10 Page 22
used the school deficit as an example, stating if the teachers worked last week and this week
there's no money to pay them, the city still has to pay them.
Alderman Deane notices a lot of food purchases with petty cash reimbursement. A few years
ago, they took all those food lines out of the budget. It seems petty cash is being used as a way
around it for reimbursement.
Mayor Lozeau replied that she provides a lot of food in her office for meetings and things like
that. In some departments she feels it is appropriate, depending on who is doing what. She
used the example of the time there was a crew out on a sewer collapse in 20 degree weather,
working on day, she supported the superintendent buying them pizza.
WARRANT
MOTION BY ALDERMAN CLEMONS TO APPROVE WARRANT #17 IN THE TOTAL
AMOUNT OF $9,113,264.12 OF WHICH $2,126,741.37 ARE ACCOUNTS PAYABLE,
$5,170,172.65 ARE PAYROLL AMOUNTS, $45,059.85 ARE PREPAY AMOUNTS AND
$1,771,290.25 ARE WIRE TRANSFERS
MOTION CARRIED
POSSIBLE NON-PUBLIC SESSION
ADJOURNMENT
MOTION BY ALDERMAN CHASSE TO ADJOURN
MOTION CARRIED
The Finance Committee meeting was adjourned at 9:40 p.m.
Alderman-at-Large Ben Clemons
Committee Clerk
City of Nashua Planning and Zoning 589-3090
Community Development Division B!Jilding Safety
Code Enforcement
589-3080
589-3100
City Hall, 229 Main Street, PO Box 2019 Urban Programs 589-3085
FAX 589-3119
Nashua, New Hampshire 03061-2019 www.gonashua.com
Page I of2
MEMORANDUM
TO: M·ayor Donnalee Lozeau ! ''-'
FROM: Katherine E. Hersh, Director'"~J'.~~
SUBJ: $50,000 demo costs for 43 Pine Street
DATE: March 12,2010
As you are aware, a fire broke out in the early morning hours on Sunday February i h at 43 Pine
Street. At your directive, staff has spent a considerable amount of time uncovering every stone
to save the Labine building, built in 1900. Its location at the comer of Ledge and Pine Streets
Inakes it a visible and critical component of the neighborhood, especially with the construction
of the Broad Street Parkway. The Labine building is Nashua's only example of a true turn-of..
the-century flat-iron building.
We sought and received approval from CDPA to spend the City's Neighborhood Stabilization
Program grant funds to acquire and rehabilitate the building. The approval came not a moment
too SOOH, since demolition oftlle structure was well underway. The City, through our Risk
Management Departluent, -has worked closely with the owners of the property. The owners share
our desire to save this historic building, but do not have the resources to do so.
The City had three structural engineers look at the building immediately after the fire. All three
recomn1ended that the third floor of the entire building needed to be ren10ved at minimum to
determine if the remainder of the building was structurally sound enough or needed to be
demolished as well. Once the third floor was removed, the City toured the building with a
structural engineer and determined that n1uch of the relnainder of the building could remain.
The demolition of the Labine building at 43 Pine Street was originally contracted by the owners,
45 Pine St. LLC, with Dempro Construction. The scope was to demolish the entire building and
femove all the Inaterials, leaving a flat safe site. Once the City received approval to use
Neighborhood Stabilization funds for the acquisition and rehabilitation of 43 Pine Street from
CDFA, the City approached the owners of the building, who agreed to halt demolition. The
owners gave the City permission to discuss the demolition with Dempro Construction, who had
begun work and was on site.
City of Nashua Community Development
Planning and Zoning
589-3095
589-3090
Community Development Division Building Safety
Code Enforcement
589-3080
589-3100
City Hall t 229 Main Street. PO Box 2019 Urban Programs 589-3085
FAX 589-3119
Nashua, New Hampshire 03061-201 9 www.gonashua.com
Page 2 of2
Due to the expedient nature of the situation, public safety concerns, and that the demolition
contractor was on the site, I spoke with you and received permission to go forward with the
halting of the construction on February 24th and negotiate with the contractor. I contacted Tim
Dunne of Dempro Construction, the demo company, and asked them to change the scope of their
work. The initial scope allowed hiln to do the majority of the work with cranes and other heayy
equipment. However, rather than demolishing the building and removing the material, we asked
hiln to carefully remove the third floor bricks without damaging the first and second floors.
Afterwards the debris that was left from the wood framing inside the building needed to be
removed. The new scope of work was far nlore labor intensive and time consUlning.
Tim Dunne had originally planned to sell all the brick, which he had estimated at a value of
$100,000. However, he left all the bricks that were removed from the building on site. He
cleaned up the entire site and had a number of people working through the weekend to allow the
City to re-open Ledge and Pine Streets on Monday. He also Inoved the fence for the City, which
was not in his original contract.
Jennlfer Deshaies and I found Thn Dunne to be very responsive and accommodating to the City.
M.r. Dunne took a risk that he ulight not get paid, and has nothing in writing frOlu the City as we
did not have tilne to process a contract prior to the work being done. Also, given the nature of
the situation and the tiule sensitivity due to safety concerns, it was not feasible to go out to bid
and follow the normal purchasing procedure.
Given the inl1uediacy of the situation, and per City Code Section 5-90 G, you authorized the
expenditure of $50,000 to pay Dempro Construction from Neighborhood Stabilization funds to
secure 43 Pine Street without demolishing the entire building. It took a couple of additional
weeks to have all the paperwork and written approvals in place, which is why I was not able to
h
provide this memo to you in time to be placed on the March 1i Finance agenda.
Thank you.