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Board of Aldermen Page 11
August 9, 2016

Alderman Siegel

| will differ with my colleagues point about without a cap this would be necessary. Any time you want to
appropriate funds that cross different budget years we are required to put them in these types of
vehicles, whether there is a cap or not. That’s not part of the equation. You may think that’s the case
but it’s how we transfer money (inaudible) across budget years.

Alderman Schoneman

The end result of setting up this fund, there’s no point of having a bucket if you don’t put money into it,
that’s what it is for. | know there’s going to be a separate vote and there’s no money associated with it
but that’s what it is for. The end result is that $900,000 more would be spent next year than the cap
would otherwise allow. Can | ask for a roll call please?

A viva voce roll call was taken which resulted as follows:

Yea: Alderman Wilshire, Alderman Clemons, Alderman Deane, 11
Alderman Cookson, Alderman Dowd, Alderman Caron,
Alderman Siegel, Alderwoman Melizzi-Golja, Alderman O’Brien,
Alderman Lopez, Alderman McCarthy

Nay: Alderman Schoneman, Alderman McGuinness, Alderman LeBrun, 4
Alderman Moriarty

MOTION CARRIED
Resolution R-16-045 declared duly adopted.

R-16-047
Endorsers: Mayor Jim Donchess
Alderman Ken Siegel
Alderwoman Mary Ann Melizzi-Golja
Alderman-at-Large Michael B. O’Brien, Sr.
Alderman Richard A. Dowd
AUTHORIZING THE MAYOR AND CITY TREASURER TO ISSUE BONDS NOT TO EXCEED
THE AMOUNT OF ONE MILLION DOLLARS ($1,000,000) FOR VARIOUS IMPROVEMENTS
AT THE SOLID WASTE DEPARTMENT FOUR HILLS LANDFILL
Given its second reading;

MOTION BY ALDERWOMAN MELIZZI-GOLJA FOR FINAL PASSAGE OF R-16-047 BY ROLL CALL
ON THE QUESTION
Alderman Schoneman

This came through the Budget Review Committee and | voted for it at that time with some reservations
and | still have them. There are three projects that this $1 million is to fund and two of them are normally,
according to Treasurer Fredette, part of the operating budget and | understand that the expenses that
are normally part of the operating budget are done frequently. | question whether or not the work we are
going to do in those areas now really will last for 20 years if we are going to do it again next year.
Secondly, | think we need to be very careful about putting things that ought to be in the operating budget
into a bond.

Board of Aldermen Page 12
August 9, 2016

A viva voce roll call was taken which resulted as follows:

Yea: Alderman Wilshire, Alderman Clemons, Alderman Deane, 11
Alderman Dowd, Alderman Caron, Alderman Siegel,
Alderwoman Melizzi-Golja, Alderman McGuinness, Alderman O’Brien,
Alderman Lopez, Alderman McCarthy

Nay: Alderman Cookson, Alderman Schoneman, Alderman LeBrun,
Alderman Moriarty, 4

MOTION CARRIED
Resolution R-16-047 declared duly adopted.

R-16-048
Endorsers: Mayor Jim Donchess
Alderman-at-Large David W. Deane
Alderman-at-Large Lori Wilshire
Alderman Ken Siegel
Alderman Richard A. Dowd
Alderman David Schoneman
Alderwoman Mary Ann Melizzi-Golja
Alderman-at-Large Michael B. O’Brien, Sr.
Alderman Tom Lopez
Alderman-at-Large Brian S. McCarthy
APPROVING A LOCATION OFF STADIUM DRIVE AS THE REPLACEMENT SITE FOR THE
DAVID W. DEANE SKATEBOARD PARK CURRENTLY LOCATED ON BRIDGE STREET
Given its second reading;

MOTION BY ALDERMAN DEANE FOR FINAL PASSAGE OF R-16-048
ON THE QUESTION
Alderman Deane

| have a few things that I’d like to explain to the general public. If | have offended anyone in the audience
| apologize. | didn’t mean anything by it. | am a little perplexed about the claims of transparency issues.
| am of the belief that that couldn’t be further from the truth. There was a request by a citizen for all
information pertaining to the activity that had gone on with the skate board park committee. You are
correct: we haven’t met in three years so there are no minutes. Ms. Lovering would be posting the
meetings if they were scheduled. This is the e-mail that was sent to Mrs. Johnson from Dory Clark,
Deputy Corporation Counsel and it contained eight attachments. One of the attachments had all of the
locations mentioned that was stated earlier that no one knew about. These are all public documents.
This is from Attorney Clarke:

“Hello Paula,

As you have requested | have collected the available information on the Nashua Skateboard Park
relocation Board which is attached. First, just to make sure there is no confusion, these documents
relate to the Nashua Skateboard Park relocation Board created in 2013 by then Mayor Lozeau. It was
chaired by Alderman Deane and members included some city staff and some citizens. | have attached
minutes from three of the meetings; 4/11/13, 6/16/13 and 8/1/13. Also attached is an informational
packet given to members of this Board and a presentation of the 44 Broad Street site and R-14-018 as
introduced, which started without any action at the end of 2012/2013 legislative term. More recently

Board of Aldermen Page 13
August 9, 2016

there have been some internal group meetings to again discuss this park’s relocation which led to R-16-
048 being introduced which is also attached. Those meetings would not have required minutes.”

Those meetings basically were that | had spoken with Brian Fisk and Director Fauteux and Andy
Patrician to go over and look at other sites. There was no quorum of the committee which was set up by
then Mayor Lozeau. It is my understanding that when the legislation didn’t have any action taken by the
Infrastructure Committee that Mrs. Johnson was called personally by the Director of Public Works and
told that. She’s been called about all of the meetings and she’s been kept abreast of that. That is
transparency.

“Located within these documents you will find the locations of that were discussed and the prevailing
issues with.”

| did meet with Alderman LeBrun in February and it was a very short meeting. We did discuss the site
location and we did look at the location over near the salt barn but that would have required moving an
inordinate amount of trash. The trash line that came off of Stadium Drive worked its way further into the
site. We did dig some test pits and we found ledge and water and it wasn’t conducive. We didn’t do any
geotechnical work on the site because of what we found right off the bat. It would have also meant
moving the blower house that’s there for the ventilation system for the methane. We looked at the cul-
de-sac area and we talked with Eversource about encroachment and things of that nature. Due diligence
was done and there was plenty of transparency. There was nothing done that was underhanded and |
really take offense to be accused of that. This Board voted to give the BIDA authority over the property
on Bridge Street. That vote took place and this Board also knew that when that happened that the
skateboard park had to be moved. We looked at a lot of sites and they are in the documents that were
sent to Mrs. Johnson. If you would like | can sit here and read them off and tell you all of the issues.
Myself and at the time then Economic Development Director Tom Galligani spent an inordinate of time
going through every city owned parcel. Mind you we had a half of million to work with and we were trying
to use that money on top of the ground and not below the ground. Every place we found had ledge,
asbestos, wetlands and contaminations. Other areas that were city owned property had to do with site
plans for detention areas and things of that nature so it couldn’t be disturbed. We looked at everything
that was available and in the end this is the site that we came up with. Alderman Caron sent me an e-
mail about crime and the issues in that end of town and how it’s grown and the traffic problems. That
high school has been there 1972 | believe. In fact, the traffic is probably better than it was in 1972
because it was a single school back then. | don’t think there is much of a traffic increase. The crime in
that area; people jogging and running and things of that nature; | mean | haven’t heard of any inordinate
increases in crime in that area. Parking, there is going to be additional parking added but we still have to
submit a site plan to the Planning Board and they have to approve it. The meetings pertaining to this
legislation and the prior legislation were all posted according to the right-to-know law. They were on-line
and posted in two areas in City Hall, we have publicly discussed them and they have been on numerous
committee agendas and full Board agendas. There have been articles in the Telegraph and in the Union
Leader. It’s not as though this just snuck up and we had a first and second reading and it was done. |
stand with moving forward and supporting the legislation and supporting the location. As the Mayor said
we are going to get a final opinion from our legal department. | kind of struggle with that because |
remember that 20% match and the state money from Stellos. | don’t know how the cul-de-sac made it
into that area because we did have to provide money to build a stadium which was not from the state. |
don’t know where you draw the line there but it is a school facility and the DPW funds and maintains that
facility. It was done in collaboration when we originally did it and the reason was for that match from
Concord. | think that covers what | have to say for now.

Alderman Wilshire
| was around when the original David W. Deane Skateboard Park was voted on and put in and for a good

reason it was called the David W. Deane Skateboard Park, he did his due diligence, he raised the money
and he got people involved. He has done the same thing this time in terms of doing his due diligence. |

Board of Aldermen Page 14
August 9, 2016

supported the original skateboard park and | support the relocation of this skateboard park and | would
urge you all to as well. Thank you all (speaking to members of the public in attendance) for being out
here too.

Alderman Clemons

| agree 100% with the previous two speakers. Alderman Deane and | don’t often agree on many things
but there is one thing that | know and that is that he would never do anything behind the public’s back. |
am proud to support this with him and | thank him for all of his hard work.

Alderman LeBrun

This legislation should not even be on the agenda this evening. | somewhat hesitate to say that it was
ushered through an unethical process but as they if it walks like a duck and talks like a duck then it’s
most likely a duck. No vote should be taken. This needs to go back to square one and receive proper
vetting. The meetings need to be published properly so the public can participate. Minutes need to be
recorded and posted on-line. We are told this process began in 2012 yet it did not make it to the public
until just recently. Mr. President, let’s be fair to our constituents and ourselves and not cast a vote until
we have a bill that has gone through the process as it is supposed to. Those people responsible for this
jam it down our throats process need to be informed that this is not the way we do things in Nashua.
Nashua is better than this. If we do end up voting on this | only hope the people of Nashua take heed
that there are elected officials ready and willing to disregard their basic right to monitor how and when
legislation they have an interest in is processed through the system. We are elected to represent our
people, not to ignore them. Mr. President, | ask that we do not vote on this legislation and | motion to lay
it on the table until such time as we can do what’s right and proper for the good people of Nashua and |
ask for a roll call.

MOTION BY ALDERMAN LEBRUN TO TABLE
Alderman Clemons

| have a point of order. | thought it was against our rules to have a four minute speech and then have the
same speaker say they would like to table.

President McCarthy

| don’t think that there is anything in the rules that precludes it although we have always considered it to
be a poor practice.

A viva voce roll call was taken which resulted as follows:
Yea: Alderman LeBrun 1
Nay: Alderman Wilshire, Alderman Clemons, Alderman Deane,

Alderman Cookson, Alderman Dowd, Alderman Caron,

Alderman Siegel, Alderman Schoneman, Alderwoman Melizzi-Golja,

Alderman McGuinness, Alderman Moriarty, Alderman O’Brien,

Alderman Lopez, Alderman McCarthy 14
MOTION FAILS
President McCarthy

The motion now is for final passage.

Board of Aldermen Page 15
August 9, 2016

ON THE QUESTION

Alderman Lopez

There are a lot of skateboarders in Ward 4 and it’s been referred to a couple of times tonight as an inner
city sport. | would like to emphasize that it is a sport but it’s not just an inner city sport. There are
competitions all over the world and it should be treated as a sport. | was very interested during public
comment where it was pointed out that this could be a jewel for our city. We do have to do things to
continue to attract and retain the young people that we have in our city today. It’s important to have
facilities, activities and sports that support what they are interested in. | am in favor of placing it at the
proposed location given that Renaissance needs to start building and we do need to make sure that we
do take care of the exiting skateboard population. | do have a question for Alderman Deane. One of the
sites adjacent to the current site was described as ideal in the public comment and | was just wondering
what the disqualifying criteria was because one of the other comments | heard during the Infrastructure
Committee meeting was that one of the major priorities was is the property of more value to the city if
used differently. | have the opinion that if we are going to do this and we are going to make sure that we
support the skateboarding population, we should give them the best site possible and treat them as
though they are an economic opportunity.

Alderman Deane

At the time then Director Galligani, Jack Tulley and other members of BIDA talked about the possibility of
that land being developed down the road. It’s off of a large parcel and they felt it would be very
marketable and they were looking at an increase in tax revenue and development in that area. There are
some other geotechnical issues over there too. They took a lot of asbestos out of there. | don’t know if
there are covenants on it due to the contamination or whether it’s being monitored but | can find that out.

Alderman Lopez

My question was just if the site was vetted and it sounds like it was. It’s my opinion that we should make
sure that we commit fully to this. | also think that we need to make sure that the community that they are
moving into receives them positively. Perhaps we should look at creating an Advisory Board for the
skate park that includes a representative from that neighborhood or maybe that Alderman.

Alderman Siegel

With all due respect to my colleague, Alderman LeBrun, he was not on the Board in the previous term
when this was discussed and in fact there was a proposal originally to put this at the starting area where
the Broad Street Parkway is and that was widely discussed and publicized and widely objected to at the
time. The feedback from the public was taken into the account and back to the drawing board everybody
went. As the liaison to the Board of Public Works I’ve been at many of the public meetings where that
has been discussed publicly and this has always been above board. As we heard from Alderman Deane
tonight, Mrs. Johnson appeared to have been kept well in the loop; | would say more than other citizens.
| don’t see a transparency issue here and nor did | ever. | have also witnessed the discussion about the
various site issues and this is clearly the best site. As far as the objection, | think there is this underlying
prejudice that somehow if people are younger and they are on a skateboard that represents trouble and |
am a little confused because it seems to me that people on a skateboard who are skateboarding
represents exactly what is not trouble but something constructive and healthy and social that is away
from electronic devices and other distractions. | would be happy to put on a suit and tie and get ona
skateboard and I’m not young. That should make everybody happy unless | am a demographic that is
somehow is offensive.

Board of Aldermen Page 16
August 9, 2016

Alderman Moriarty

| thank Alderman Deane for his hard work and if | don’t vote yes on this | will have my 10 year old son
who is a skateboarder will probably have a hard time forgiving me so count me in.

Alderman O’Brien

| offer to go watch Alderman Siegel skateboarding. This could be a baseball park or like what we did
with the Legacy Playground. These are hallmarks that make Nashua great. It includes skateboard parks
and horseshoe pits and other recreational facilities. If we voted to pass this resolution can the School
Board shoot down the wishes of the Board of Aldermen?

President McCarthy

If what you are getting to is should we refer it to the Board of Education, | don’t think that is proper
because they either have authority of they don’t so | am going to ask Attorney Bolton to opine on how it
would be handled but | suspect their vote is separate from ours.

Attorney Bolton

It’s not entirely dissimilar from the fact that this will be going before the Planning Board and they will have
to have a plan that they can approve. The Board of Aldermen has a certain level of authority but other
requirements also have to be fulfilled so it could get derailed at the Board of Education or the Planning
Board so it’s got to meet every requirement.

Alderman Schoneman

| think to have a facility like this is clearly good for the folks who want to use it. | think the choices that
they would be faced with if they didn’t have that are not good and healthy. | also think that based on
everything | have heard this is a great location for it. I’m also sensitive to the fact that actions that we
take can be frustrating for people. | think what helps us to get through that is process because process
is what self-government is about. | don’t see any fault with the process that was taken and | understand
the frustration and | respect the opinions of those who have spoken of their frustration but this looks like
a good location and | believe that the process was well documented and well committed and | will
support it.

Alderman Dowd

Just for the public’s information, the Board of Education has authority because it’s the Stellos lot, is that
correct?

President McCarthy

That is the belief. When we built Stellos we did it under the authority of the Joint Special School Building
as a school project which entitled us to reimbursement under the state aid to build an education building.

Alderman Dowd

Shawn Smith was part of the committee up to a point because they were considering other school sites
but this is a school site and | wonder why he dropped off.

Alderman Deane

He was on the committee originally when we were looking at areas within the confines of a school.

Board of Aldermen Page 17
August 9, 2016

Alderman Caron

| think the idea of a skateboard park is very important for the city. The city took great pride in building the
original skateboard park. The skateboard park is Ward 7 and even when | worked for the city we did not
have a lot of problems there. Yes, there was some vandalism but when you looked further into it; it was
not the skateboarders who were causing the problems. The skateboarders worked very hard to run
camps and teach kids how to use that facility and to take care of it and be proud of it. | think moving this
over to an area where we already have recreation facilities is a great thing. If you want Nashua to be
progressive and for people to think about us then you don’t want that skateboard park to die on Bridge
Street and never get replaced. A lot of the locations had asbestos or ledge so | think that he and his
committee and the group from Eastern Border has done a very good job and | am fully in favor of
relocating the park at this site.

Alderman Lopez

| am not aware of any real link between skateboarding and crime. The police department has never
announced that they keep confiscating skateboards at the scene of crimes or anything.

A viva voce roll call was taken which resulted as follows:

Yea: Alderman Wilshire, Alderman Clemons, Alderman Deane, 14
Alderman Cookson, Alderman Dowd, Alderman Caron,
Alderman Siegel, Alderman Schoneman, Alderwoman Melizzi-Golja,
Alderman McGuinness, Alderman Moriarty, Alderman O’Brien,
Alderman Lopez, Alderman McCarthy

Nay: Alderman LeBrun 1
MOTION CARRIED
Resolution R-16-048 declared duly adopted.

R-16-050
Endorsers: Mayor Jim Donchess
Alderman Richard A. Dowd
Alderman Tom Lopez
AUTHORIZING THE SALE OF SURPLUS BROAD STREET PARKWAY PROPERTY
Given its second reading;

MOTION BY ALDERMAN LOPEZ TO AMEND R-16-050 IN ITS ENTIRETY BY REPLACING IT WITH
THE GOLDEN ROD COPY PROVIDED WITH THE AGENDA

ON THE QUESTION

President McCarthy

Would you care to mention what the changes are in the golden rod copy?

Mayor Donchess

| think what the change is and maybe the Infrastructure Committee can correct me if | am wrong but one
small parcel was dropped out of this because it is a parcel that is ineligible for federal reimbursement. It
is part of the little roadway that goes down from the Millyard down to Mine Falls and the idea is that we

Board of Aldermen Page 18
August 9, 2016

want to maintain that right-of-way so people can get down to Mine Falls Park and we wouldn’t want to
sell that plus probably no one would buy it anyway.

MOTION CARRIED

MOTION BY ALDERMAN LOPEZ FOR FINAL PASSAGE OF R-16-050 AS AMENDED
MOTION CARRIED

Resolution R-16-050 declared duly adopted as amended.

R-16-051
Endorsers: Mayor Jim Donchess
Alderman-at-Large Lori Wilshire
Alderwoman Mary Ann Melizzi-Golja
Alderman-at-Large Michael B. O’Brien, Sr.
AUTHORIZING THE FILING OF APPLICATIONS AND EXECUTION OF GRANT AGREEMENTS
WITH THE U.S. DEPARTMENT OF TRANSPORTATION FOR GRANTS UNDER THE URBAN
MASS TRANSPORTATION ACT OF 1964, AS AMENDED, FOR FISCAL YEARS 2017 AND 2018
Given its second reading;

MOTION BY ALDERMAN WILSHIRE FOR FINAL PASSAGE OF R-16-051
MOTION CARRIED

Resolution R-16-051 declared duly adopted.

R-16-052

Endorsers: Mayor Jim Donchess
Alderman-at-Large Michael B. O’Brien, Sr.

RELATIVE TO THE TRANSFER OF UP TO $59,861 FROM DEPARTMENT 194 -CONTINGENCY,
ACCOUNT 70150 — GENERAL CONTINGENCY INTO VARIOUS SALARIES & WAGES AND
FRINGE BENEFIT ACCOUNTS FOR THE PURPOSE OF ADDITIONAL SALARY INCREASES
FOR MERIT EMPLOYEES OFF THE MERIT SALARY SCHEDULE

Given its second reading;

MOTION BY ALDERMAN O’BRIEN FOR FINAL PASSAGE OF R-16-052
MOTION CARRIED

Resolution R-16-052 declared duly adopted.

R-16-053
Endorsers: Mayor Jim Donchess
Alderman-at-Large Lori Wilshire
Alderman Tom Lopez
Alderman Richard A. Dowd
Alderwoman Mary Ann Melizzi-Golja
Alderman-at-Large Michael B. O’Brien
AUTHORIZING THE CITY OF NASHUA TO PARTICIPATE IN THE NASHUA REGION
INTEGRATED DELIVERY NETWORK (IDN) OF THE BUILDING CAPACITY FOR
TRANSFORMATION, A DELIVERY SYSTEM REFORM INCENTIVE PAYMENT (DSRIP)
PROGRAM
Given its second reading;

MOTION BY ALDERMAN WILSHIRE FOR FINAL PASSAGE OF R-16-053
MOTION CARRIED

Board of Aldermen Page 19
August 9, 2016

Resolution R-16-053 declared duly adopted.
UNFINISHED BUSINESS — ORDINANCES

O-16-011
Endorsers: Alderman Don LeBrun
Alderman Ken Siegel
Alderman David Schoneman
Alderman Tom Lopez
ADOPTING PROVISIONS FOR REDUCED TAXATION FOR CERTAIN CHARTERED
PUBLIC SCHOOL FACILITIES
e Tabled at Full Board Level — 5/10/16

O-16-015
Endorsers: Alderman-at-Large Lori Wilshire
Alderman Richard A. Dowd
Alderman-at-Large Michael B. O’Brien, Sr.
PROVIDING FOR CONFIDENTIAL REDACTIONS ON THE RECORD OF EXPENDITURES
Given its second reading;

MOTION BY ALDERMAN WILSHIRE TO AMEND O-16-015 IN ITS ENTIRETY BY REPLACING IT
WITH THE GOLDEN ROD COPY PROVIDED WITH THE AGENDA

ON THE QUESTION
Alderman Schoneman

What were the changes?

Alderman Siegel

The original legislation has some vague terms that allowed for terms like “etc.” and “exceptions” without
very clear definitions. There was an objection that this would be something that could potentially just be
misused. Changes were made to explicitly solve the problem that we wanted to solve and changed the
wording so that it is very clear that not only that this only apply to the police department but that there
was an override mechanism so that the public would have say if in fact this was deemed something that
we wanted to not have redacted. The wording was changed from the previous to be “payments where
disclosure could endanger or compromise police department personnel. Redactions in this situation may
be overridden by a vote of the Finance Committee.” Very simply it just applies to that particular element,
the police department and only that.

MOTION CARRIED

MOTION BY ALDERMAN WILSHIRE FOR FINAL PASSAGE OF O-16-015 AS AMENDED
ON THE QUESTION

Alderman Schoneman

The Finance Committee will see reports that are not redacted, is that correct? It’s only the public copy
that’s going to be redacted, is that correct?

Board of Aldermen Page 20
August 9, 2016

Alderman Siegel

No, that is not correct. Anything that is seen by the Finance Committee is public information and we will
see it redacted. We have the opportunity at that meeting to ask questions and vote whether or not we
want to have it redacted and that vote can occur in either public session or non-public session. This
legislation does not mandate whether or not we go into non-public session. | think that would be not in
the spirit of what we are trying to do. | would also point out two separate things; one is that any individual
committee member can inquire of the police department what this might be without then giving away the
information. | would further state that even should expenses be made public, our options for rescinding
those expenses are limited since the Board of Aldermen, by statute, has no control over police
department expenditures. This legislation is there to protect people’s lives. This shouldn't be very
controversial. We scoped it down to where it only applies to one thing.

Alderman Schoneman
How would the Finance Committee review the legitimacy of it? They are going to see a payment that’s

redacted and not know who it’s too but if they had a question about it then they could bring it up, is that
correct?

Alderman Siegel

That would be correct. We have every opportunity to ask questions and have those questions answered
either in public or in a non-public session at the discretion of the committee.

Alderman Schoneman
How has this been handled in the past?

President McCarthy

| believe that all names have been published in the past. | would just hope the right people didn’t read
them.

Alderman Schoneman
If there was a question about a payment that was redacted we could raise the question.

President McCarthy

Yes.

Alderman Moriarty

| am not sure how a Worker’s Compensation payment being redacted protects somebody’s life. | think |
could support this for item #3 but the other two is public money.

Alderman Siegel

First of all, the wage garnishments were part of the original ordinance and the reason is that it is state
level and we are not allowed to reveal that information. The only change to the ordinance that’s been in
effect on the books is to add the additional exclusion for the police department under those
circumstances in which there is reasonable belief that somebody’s life could be in jeopardy.