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Board of Aldermen 3-10-2020 Page 24
President Wilshire

No, | suspended the rules for a second reading of O-22 this evening. That's the money that the Mayor had
asked for at the beginning of the meeting, the supplies for the Coronavirus and all the additional materials
that the City is going to need.

Alderman Lopez
OK | thought 23 was for that.

President Wilshire

That’s coming.

Alderman Lopez

Can | just object then so we vote?
President Wilshire

Can you object to what?

Alderman Lopez

To not voting on it. Frankly if we are going to talk about setting aside our responsibilities as Aldermen to
oversee budgetary items, for an emergency, we should it make it very clear that we know what we are
doing when we do it rather than there being confusion among Board members about whether we just
suspended the rules or didn't.

Alderman O’Brien

Thank you Madam President. | would like to be recognized with a motion of final passage of R-20-022 and
if | may speak to my motion?

MOTION BY ALDERMAN O’BRIEN TO RECOMMEND FINAL PASSAGE OF R-20-022
ON THE QUESTION
Alderman O’Brien

Thank you. And | appreciate my colleague, Alderman Lopez, but | think as we all watch the news, we are
living in very unique times right here with this Coronavirus and | think what the Mayor is asking, not to put
words into your mouth on this, but | think the citizens of Nashua want us to be prepared if something should
happen. Looking at the dollar amount, it’s $50,000.00 but that’s short money if it should ever really hit in
force into the City of Nashua. So | think in order to prepare for this, | am willing to support the Mayor to
delegate this and to have it at the ready in case we need to get in to defeat the Coronavirus. If we posture
on this, by the time we meet as a Board and try to approve it, it may be too late. So I’d much rather think
like a Boy Scout and be prepared and get ready for this and approve this right now and have it ready in
case it —| hope it never happens. But if it manifests, | want to be prepared. Thank you.

Alderman Klee
Thank you. | just had a quick question. The money that we are going for this, the account the contingency

account that has $84,750.00, do we take this $50 out and then we also support another that is going
forward, the $25,000.00 out of the same account would leave us $9,750.00.

Board of Aldermen 3-10-2020 Page 25

If we need more, I’m sure the Mayor could write us a check for it. | just want to make sure that this
$50,000.00; | guess | have a little anxiety that it’s not going to be enough, especially hearing all the things
that you were talking about.

Mayor Donchess

Well if we need more, we will have to come up with another place, for example, you know we haven't had a
tough winter. So there are various places where we probably would have money, that we could potentially
possibly use.

Alderman Klee

Thank you.

Alderman Lopez

So in response to the comment about posturing, | was trying to point out that we hadn’t actually made it
clear what we were doing and | was concerned that members of the public might see as not having done
this clearly, given that other Aldermen had asked the question. So from my perspective | would say
posturing is just driving right past that. So Madam President, Mr. Vice President, if you guys want to run
the meeting that way that’s fine. | just want to make it clear, | just want to make sure that we are following
the procedures, because | would hate for us to do this and then somebody to challenge us on how we did
it. That’s going to be Attorney Bolton’s issue to deal with. | consider it just a matter of protocol within the
meeting. When it comes to the actual support for keeping the City functioning during a potential outbreak
or impairment of services, | don’t have any objections.

President Wilshire
What do you think | did | wrong over here?

Alderman Lopez

| think it would have been good if you had said “without objection we will suspend the rules” instead of just
saying, “we are suspending the rules” and then when | pointed that we didn’t do that, we could have just
had a vote, you both just drove right past it. So it is clear now that what we are doing is what we are doing,
but by not making the vote on the procedural part, anybody who objects to it on procedural grounds is now
being positioned as though they object to being ready for the Coronavirus, instead of just saying “wait we
should have made sure we all agreed to suspend the rules’.

President Wilshire

OK.

Alderwoman Lu

| think | understand Alderman Lopez correctly, you are just asking for a vote on moving it to having the
second reading, am | correct?

Alderman Lopez
That’s what | was asking for before, but we’ve driven past that point.
Alderwoman Lu

How did we get past it so quickly.

Board of Aldermen 3-10-2020 Page 26

Attorney Bolton

| mean | may have missed it, but apparently Alderman Lopez believes that the President didn’t say words to
the effect of “unless there’s any objection the rules will be suspended”. | thought that’s what she said, at
least I’m pretty sure that’s what she meant to say. What would have been proper, whether she said that or
not, if someone did not want the rules to be suspended, someone of the members of the Board to at that
point, say, “point of order, | would like us to vote on the suspension of the rules”. No one did that then. If
you don’t speak up timely, you have acquiesced and that acquiescence is the equivalent of a unanimous
vote to go along with what the President is proposing. So that happened. Meanwhile, the second reading
occurred and then a motion for final passage was made. That’s where you are now to go back a couple
steps now to when the rules were suspended, as | say rightly or wrongly at the time, you’ve got to raise it
immediately, you can’t raise it a couple steps down the road.

Alderman Lopez

Point of order at the risk of interrupting, | did say “objection” and that was my purpose. If | used the wrong
phrase and it wasn’t clear to the President what | was trying to do then | apologize but | was literally trying
to say we should object to just having the rules suspended without actually having a vote on it.

Attorney Bolton

These things happen and | am sure the President will be more careful and more aware in the future.
President Wilshire

Absolutely.

Attorney Bolton

But if you are trying to follow the rules, what’s before you right now is the motion for final passage of this
Resolution.

Alderman Lopez

And if | might interrupt one more time | would just, | was trying not to interrupt so that’s why | didn’t push it
any harder. | should have probably better terminology.

Alderwoman Lu
My recollection was simply that Alderman Lopez asked and noted at that point the motion was made or

after that point the motion was made so it doesn’t seem to me that the motion had been made yet when the
objection had come up.

Attorney Bolton

My recollection is the second reading had occurred before either Alderman Lopez or Alderman Jette
indicated any objection. Now that may be wrong, but! don’t really think it matters at this point.

Alderman Dowd
Relative to what we are doing, relative to this Ordinance, it was explained in detail by the Mayor at the

beginning of the meeting on this particular Ordinance. So when this came up, it should have been
anticipated what we were going to do.

Board of Aldermen 3-10-2020 Page 27

That we were going to suspend the rules, get a second reading and pass this so he could fulfill wnat he
asked to do at the beginning of the meeting. So | don’t think there was any ambiguity as to what we were
trying to do with this Ordinance.

President Wilshire
The motion on the floor is for final passage of Resolution 20-020.
Alderwoman Lu

Thank you. When | have been listening to the Mayor, | don’t take that as instructions of what we are going
to do. So | was not prepared for the instructions that will be suspending the rules. | understood it was a
request but | thought it was something that could or would be voted on. Thank you.

Alderwoman Kelly

| apologize, | actually just want some clarity from Attorney Bolton. So if this were to happen again and
someone objects do we not need to wait to be called on do we just interrupt and say, “I object” in order to
get the timing you are talking about.

Attorney Bolton

The strictly correct way is to say, “point of order’. Any time that you hear “if there are no objections’ it is
proper to say “I object, | do object” or words to that effect. And you don’t have to be recognized and the
same thing if you want to raise a point of order, you can raise that without being recognized. In this case
the President or in Committee it would be the Chairman, Chairperson, Chair, interrupt the speaker and ask
the person who called out “point of order’, “what is the point of order’ and a point of order should be
something that has been done or is being done in violation of the rules. It should not be used just “l
disagree”. It should be calling the attention of the Chair to a transgression of the rules.

Alderwoman Kelly

Thank you very much.

President Wilshire

The motion before us is for final passage of Resolution 20-022. Further discussion on that?
MOTION CARRIED

Resolution 20-002 is declared duly adopted.

R-20-023
Endorser: Mayor Jim Donchess
RELATIVE TO THE ADOPTION OF THE FISCAL YEAR 2021 PROPOSED BUDGET FOR
THE CITY OF NASHUA GENERAL, ENTERPRISE, AND SPECIAL REVENUE FUNDS
Given its first reading;

There being no objection, President Wilshire accepted the first reading of R-20-023, referred it to the
Budget Review Committee and scheduled a Special Board of Aldermen public hearing for
Wednesday, May 20, 2020, at 7:00 p.m. at NHS-North Auditorium

Board of Aldermen 3-10-2020 Page 28
Alderman Lopez

Point of order? What is O-20-023.

Alderman Dowd

The budget.

Alderman Lopez

OK because | have 20-020 that’s why | was confused.

NEW BUSINESS — ORDINANCES - None

President Wilshire

Without objection, would suspend the rules to accept a communication placed on our desk this evening
from Larry Budreau, H.R. Director, regarding UAW Professional Work Schedule & Pay Practices.

From: Larry Budreau, Human Resources Director
Re: UAW Professional Work Schedule & Pay Practices

There being no objection, President Wilshire suspended the rules and accepted a communication
from Larry Budreau regarding UAW Professional Work Schedule & Pay Practices

PERIOD FOR GENERAL PUBLIC COMMENT

Stacie Laughton Honorable Board | am Selectman Stacie Marie Laughton, Ward 4, 80 Elm Street, Unit 1. |
come before you tonight, that was a very interesting meeting. Not bad for this type of statement | have to
make. My statement is kind of mixed. A little over a week ago, my wife, who is a former Selectman in the
City, she passed away. And she was kind of looking forward to seeing some of the stuff | might do going
forward and | have been in contact with the Chief of Police, Fire Department, some member of the Board,
the Mayor. She loved this City, she loved this Board and she loved the fact that the one time she was,
excuse me, | have a little cough, she loved the fact that one time when she was a Selectman we called her
the “Ballot Box Girl’. Interestingly enough in the last primary when | started my work again as a Selectmen,
| was placed at the ballot box because | have an achilles / tendon issue. And you know, it’s really sad that |
come and | have to tell you that.

Also | just want to thank the City and Bob Mack and other people at my church. | have a copy of cremation
ledger. There were not people of very much money, the City of Nashua was there for us in this time. And |
just want to thank the Welfare Department and the City for making such services available to people like
myself. With that, | always try to remain as non-partisan but | do want to say that she would be happy that |
am serving as a Selectman with the City. She’d also be happy that | am also going to run again for State
Representative. And | am going to run for her and | am going to keep my head clear. | have been very
fortunate to be offered a second chance to be a Selectman. You know, people recall my past, and | will just
say in the past | did call in a bomb threat unfortunately to the local hospital. In my past | committed felonies
and | am sorry. | have never got a chance to say I’m sorry for 2012 and I’ve never got a chance to say | am
sorry for the bomb threat. | am sorry. But! thank you for the opportunity to be able to serve within this
government again. And hopefully we can take it to the next level. And | have to shout out to all the City
services who helped my wife and | during this time, the Fire Department, all the personnel from Engine 4
and the Ladder Company and the various Police Officers who have helped with different things.

Board of Aldermen 3-10-2020 Page 29

Also, a big shout out to Hearts Peer Support Center in Nashua. | am member there, | am on the Board of
Directors and hopefully | will be running for that Board’s president soon. I’ve also been a guest in their
respite center. Because of my past, | didn’t want to fall apart again. | didn’t want to see the news come out
where | was going to break the law again or be stupid. But | am here today strong and | am here ready to
continue to serve this City because that’s what my wife Lisa Laughton would want me to do. | know this is
an odd statement for this Board but | am not just any individual. So | appreciate this opportunity and |
appreciate this government, the City, all of its services, Bob Mack, Hearts Peer Support Center and coming
up in May we are going to have an awesome celebration of life service for her. Selectman Lisa Laughton
would only want the best for her service to remember who she was. Though her and | made mistakes, we
are good people and | appreciate the second chance that I’ve been given to serve the City and hopefully a
second chance at the State position that | lost, that | made history on in 2012. But my hope is that | can try
to you know get to serve in that capacity.

I'll shut my mouth and | will let you finish your meeting and you have a great night and thank you for, again,
a second chance to serve within this City. Thank you.

REMARKS BY THE MEMBERS OF THE BOARD OF ALDERMEN
President Wilshire

Do you mind if | let the Mayor say a few things first?

Mayor Donchess

Very quickly.

Alderman Jette

Only one bite at the apple.

Mayor Donchess

We changed the presentation of the Budget this year making it book-like rather than this and including a lot
more information with even some pictures and stuff and it is easier for everybody to get it to it and
understand it and understand what the money is spent on. It’s a lot easier to understand now, even
Alderman Lopez will be able to follow it.

Alderman Lopez

No he can't.

President Wilshire

Are you all set Mayor?
Mayor Donchess

Yes.

President Wilshire

OK, Alderman Tencza, | am going to start down your end.

ORDINANCE O-21-045

BC. Amend Section 901.1, Scope, to read: The provisions of this chapter shall specify
where fire-protection systems are required and shall apply to the design,
installation, and operation of fire-protection systems. The Chief of the Fire
Department or the Chief's designee shall have full authority to enforce and
administer, in the capacity of Building Official, the provisions of Chapter 9, Fire
Protection Systems, except in regard to detached one- and two-family dwellings

andimuliplesinste family dwellings-ewnhouses}, not more than three stories

high with separate means of egress, and their accessory structures.

ED. Amend Section 1612.3 by inserting in the spaces provided for the "name of the
jurisdiction" and "date of issuance": the City of Nashua; June 15, 1979.

§ 105-9.1. Existing Building Code.

Repair, alteration, change of occupancy, addition and relocation of existing buildings,
including historic buildings, shall comply with the International Existing Building Code,
2069 adopted as a component of the New Hampshire State Building Code per RSA 155-
Aas published by the International Code Council, Inc. and any amendments adopted
thereto. Said document and referenced code is on file in the effice- ofthe City Clerk
Department of Building Safety of the City of Nashua, New Hampshire. Said code is
hereby adopted as part of the Building Code of the City of Nashua in the State of New
Hampshire for the control of existing buildings and structures within the scope of said
code. The regulations, provisions, conditions and terms of said code are hereby referred
to, and adopted and made part hereof as if fully set out in this chapter, with any
amendments prescribed in this chapter.

§ 105-9.2. Amendments to Existing Building Code.
A, Amend Section 101.1 by inserting “The City of Nashua.”
B. Amend Section 106.3 by replacing with the following paragraph:

106.3. Examination of documents. The building official shall examine or cause
to be examined the accompanying construction documents and shall ascertain by
such examinations whether the construction indicated and described is in
accordance with the requirements of this code and other pertinent laws or
ordinances. The building official is authorized to require third party peer review
where applications for unusual design or magnitude of construction are filed, such

ORDINANCE | O-21-045

as high-rise structures, elaborate framing systems, extensive retaining walls and
complicated foundation designs. It shall be the Building Official's responsibility
to determine when a third party peer review shall be required. The applicant shall
pay all fees and costs related to the performance of a third party peer review.

C. Amend Section 106.6 by inserting the following new subsection:

106.6.1. Architect/Engineer responsibilities during construction. When the
laws of the State of New Hampshire require that construction documents be
prepared by registered architects or engineers, the registered architects or
engineers who have prepared plans, computations and specifications or the
registered architects or registered engineers who have been retained to perform
construction phase services, shall perform the following tasks for the portion of
the work for which they are directly responsible:

1. Review, for the conformance to the design concept, shop drawings,
samples, and other submittals, which are submitted by the contractor in
accordance with the requirements of the construction documents.

2. Review and approve of the quality control procedures for all code-
required controlled materials, structural tests and special inspections.

3. Be present at intervals appropriate to the stage of construction to become
generally familiar with the progress and quality of the work and to
determine, in general, if the work is being performed in a manner
consistent with the construction documents and accepted engineering
practice standards.

4, Such tasks are in addition to requirements for structural observations or
other duties specified in the adopted International Existing Building Code.

D. The New Hampshire Enerey-Cede International Energy Conservation Code as
adopted per the State of New Hampshire and all amendments adopted thereto

shall control such matters as provided for by Chapters 3, 6, 7, 8 and elsewhere
regarding energy efficiency as long as said energy code is in effect.

E. The provisions of chapters 53,6,-4-8,-9,10,-H_ and/4 the International

Existing Building Code as adopted per the State of New Hampshire and all
amendments thereto shall specify where fire protection systems are required, and
shall apply to the design, installation and operation of fire-protection systems. The
Chief of the Fire Department or the Chief's designee shall have full authority to
enforce and administer, in the capacity of Building Official, the provisions of fire-
protection systems except in regards to detached one- and two-family dwellings

andunultiple-sinele-family dwellings (tewnkeuses}, not more than three stories

high with separate means of egress and their accessory structures.

ORDINANCE O-21-045
§ 105-10. Adoption of Residential Code.

Detached one- and two-family dwellings and multiple single-family dwellings
(townhouses), not more than three stories high with separate means of egress, and their
accessory structures shall comply with the International Residential Code-Pirst editor,
2000. adopted as the New Hampshire State Building Code per RSA 155-A as published
by the International Code Council, Inc. and any amendments adopted thereto. Said
document and referenced code is on file in the effiee-of the CHy-Cleric Department of
Building Safety of the City of Nashua, New Hampshire. Said code is hereby adopted as a
part of the Building Code of the City of Nashua, in the State of New Hampshire, for the
control of residential buildings and structures within the scope of said code. The
regulations, provisions, conditions and terms of said code are hereby referred to, adopted
and made part hereof as if fully set out in this chapter, with any amendments prescribed
in this chapter.

§ 105-11. Amendments.

A. Amend section R101.1 by inserting: the City of Nashua.

€B. Amend Section R106.2 by replacing it with the following:

R106.2. Site or Plot plans. The construction documents submitted with an
application for a permit to build a detached one- or two-family dwelling on an
approved or otherwise legal lot of record shall be accompanied by a plot plan.
Such plot plan shall be drawn to scale, showing all property lines, easements,
drainage facilities, and proposed and existing buildings with respect to location.
sufficiently detailed information shall be provided to clearly show the location
and extent of any wetland area(s) located on or immediately adjacent to the
subject property. The Building Official reserves the right to require an elevation
contour, slope and drainage plan in ten-foot increments or less for lots or sites that
may affect abutting properties and stormwater runoff.

BC. Arend Add Section R106.56 by replacing itwith inserting the following:

R106.56. Certified plot plans. Upon the completion of the foundation inspection
and prior to the frame inspection, a certified plot plan shall be filed with the
Planning and Building Department. Said plan shall be certified by a New
Hampshire licensed land surveyor or engineer, be drawn to scale, and indicate
boundary locations, zoning setbacks, and the dimensions, locations and elevation
at the top of constructed foundations. Said plan shall be accompanied by a
statement from said surveyor or engineer indicating the foundation complies with
the setback requirements of the Nashua Zoning Ordinance and with the approved
grading plan, if such has been required. Sufficiently detailed information shall be
provided to clearly show the location and extent of any wetland area(s) located on
or immediately adjacent to the subject property. If construction deviates in any
detail shown on said certified plot plan, the Building Official may require

ORDINANCE

O-21-045

submission of a revised certified plot plan prior to the issuance of a certificate of

occupancy.

Amend Table R301.2(1) by inserting the following design criteria into the space

provided:

Reef Ground snow load

Wind speed

Seismic design category
Weathering

Frost-line depth

Termite

Decay

Winter design temperature
Ice Barrier Underlayment

Flood hazards

Air Freeze Index

Mean Annual Temp

Shall be as required by the International Building
Residential Code and base elevations determined by

Case Study document ERDC/CRREL TR-02-6,
February, 2002

496 115 miles per hour Ultimate —- See Figure
301.2(H)A

683% 30% 4} B 17%-33%)
Severe

Minimum of 48 inches

Slight to moderate

Slight to moderate

0°

Yes

Flood Insurance Rate Maps of June 15, 1979, as
updated April 13, 1999, and thereafter (September

25, 2009)
No

No

ARTICLE II Mechanical Code

§ 105-12. Short title.

This article shall be known as and may be cited as the ‘““Mechanical Code of the City of
Nashua, New Hampshire.”

§ 105-13. Adoption of Mechanical Code.

A certain document and referenced code on file in the effee-ofthe-City-Cler
Department of Building Safety of the City of Nashua, New Hampshire, being marked and

designated as the "International Mechanical Code,Fhird Edition 2009," adopted as per