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Board of Aldermen Page 12
June 14, 2016

appeal that’s even better. It makes no sense. This thing was put together and it’s going to by lying
around for a long time and somebody says let’s go stick this all into the ordinance and that’s probably
why it is poorly drafted. If you look back at paragraph 74.482 and 74.4B1, 2 and 3, then it talks about a
penalty plus $50.00 after ten days up to $1,000. What does that mean? The highest fine, which is a
third violation of $500 so how do you get up to $1,000? Does that mean that you are going to be fined
every day $50.00? It’s unclear and vague by any rationale. Then there is Chapter 182, §26, violation of
penalties it says where no specific penalty is provided then there should be a fine of not more than
$1,000 and another issuance of a citation. So where there is no specific penalty you get a fine of up to
$1,000, what does that mean? What has that go to do with living conditions? Finally there is a lot of talk
about the warning; | think Alderman Clemons made that point. That warning has existed before a
discretionary warning was taken out and then was put back in. It says the head of the code enforcement
department, or his/her designee, may issue a warnings; it’s discretionary, “may” should at least when you
start issuing fines, the (inaudible) was before you had fines. You should at least change “may” to “shall”
so it’s mandatory. It makes it easier on the code enforcement not to have this stuff. It’s easy to put the
code enforcement people to have this list but look at it from the other side; they look for efficiency and
the demand for authority. Are we looking at people who have to meet these conditions and they have to
understand it so send the attorneys in so they can have a field day in court. Enough said but for all of
these reasons, take this thing back, table it, work it, l’m not against higher oversight over landlords, I’ve
owned several food businesses alone and oversight is good but don’t throw in everything but the kitchen
sink that something has to do with living conditions. Thank you.

Mr. Gene Parent, 15 % Main Street

| am totally against this proposed ordinance for a variety of reasons but what really ticked me off was the
way it was introduced. It was snuck in under other agendas so it would not be noticed. You could have
tried to view this ordinance not as an Alderman, not as someone who initiated it or sponsored it nor as a
city employee but as a Nashua landlord or a business owner. This proposed ordinance is vague and
tends to violate, fine and summons to court no one but the landlords and the business owners.
Everything is aimed at us. We have mentioned several times that we would like to sit down and discuss
things and no one said come on over. This to me is a one sided affair, just like Cecile Marquis said.
Does anyone listen to the public anymore? Who do you represent anyway? Please consider all of the
facts. Also, did anyone see the news two weeks ago on Fox News, Bill O’Reilly of the O’Reilly Factor?
He stated that cities across America are milking citizens and taking their money through fines, tickets,
permits, etc. or by increasing or initiating new ones. Is this what this ordinance is about, initiating a new
one and milk us out of the money? As far as Mayor Donchess goes, what you stated before under your
term that things would get better but what’s to say after you are gone; things always change and it’s not
in writing. Four years from now or whenever you go who is going to be next and what are they going to
do to us. I’m against this, please table it or send it back to committee so we can discuss it. We are
willing to talk, are you? Thank you.

Ms. Sue Newman, 25 Charlotte Avenue

| will be brief. | have followed this since the Country Barn Hotel issue came up and embarrassingly |
wasn’t aware of the situation there and be all that as it may, | was out of town today and | looked at the
newspaper on-line and the first thing | went to was the editorial and | assumed this was a slam dunk and
you would be and this legislation would be going through; O-16-003. Sometime later | looked at the front
page and realized there was some controversy with it. Rentals are tough, prices are up and when there
is a shortage of rentals anything that’s got four walls and maybe a roof that is mostly in good condition
can get rented. With that said, my involvement started with this with the television show and sometime
later on that year | spoke with David Deane and | explained in a spirited manner what | thought about the
whole thing; that | thought it was a use of working the system when you could have landlords apparently
keeping substandard or worse than that conditions that they could easily get rented and they got
vouchers so the money was coming in and the repairs were not required. With that | thought the

Board of Aldermen Page 13
June 14, 2016

committee came through with some reasonable things and | thought it was a place to start. | think the
newspaper editorial captured it right that the Bill before the Aldermen gives the city the tools needed to
deal with these repeat offenders while maintaining an appeals process and so forth. But, in fairness, |
think several of these people also had good points. | don’t know if this will pass tonight but | would hope
that you maintain and build in flexibility to keep some of these good people’s concerns in the forefront
with it. | appreciate the efforts because something had to get done and | appreciate the committee’s
work to get something started, thank you.

Mr. Joseph Haas

Two of you Aldermen know who | am because | sent them an e-mail back in April and | checked the
website today and it’s not listed under correspondence. Do you have to be a resident of this city in order
to get correspondence over to the full council here?

President McCarthy

| don’t know how you submitted it.

Mr. Haas

| sent it to the City Clerk, | see her sitting right there, Patty and your assistant, she’s the one that told me
to come here and just you know, talk; she didn’t say to sign up. Also the Mayor, | wrote you an e-mail
and | talked with you on the phone. This is with regard to my attending an auction back in November
over at the Mayflower, McLaughlin Transportation. | got there before the auction occurred, it was
advertised as a public auction and they told me to scram and to get out. The owner didn’t want me on
his property.

President McCarthy

Does this have anything to do with is on our agenda to be acted upon this evening?

Mr. Haas

Yes, item #13, | presume is your increase in compensation of your elected officials, is that still on?
President McCarthy

Of “elected officials” yes.

Mr. Haas

Yes, an elected official meaning the Town Clerk who isn’t doing her job as far as | am concerned.
President McCarthy

No, the Bill deals with paying personnel who work at the polls on Election Day.

Mr. Haas

Okay, | didn’t see the details on-line, I’m sorry. So | wait until the public section later in order to discuss
what | was hoping, not to waste your time, but if the two; Dowd and Lopez, if they had transferred that e-

mail over to the rest of you | wouldn’t have to be here today. And Lavoie, I’ve been to his police
commission and him too and | voiced my frustration over there. Me as a citizen wanting to spend money

Board of Aldermen Page 14
June 14, 2016

in the city and being told to scram and get lost, it’s a public auction but we don’t want there, that’s
ridiculous. There’s an RSA 444:06 that the City Clerk...

President McCarthy

You have to wait until the second public comment period to speak on that.
Mr. Haas

Well in the meantime are you going to take a break or a recess, can you have my e-mail distributed to
the rest of the people?

President McCarthy

No we cannot.
Mr. Haas

Well that’s tampering with public records and that’s a crime. You guys are criminals.

President McCarthy

Sir, | will let you speak to the issue later on but | am not going to let you call this Board criminals.
Mr. Haas

Okay, thank you, | appreciate it.

Mr. Bradley Whitney, 38 Fifield Street

| own several properties and | am a landlord. | always use the same contractor and sometimes they are
busy so if you only give ten days then that can include six working days or eight working days depending
on when you get your ten day notice. It is 1 % time rate on Saturdays and double time on Sundays and
most of us cannot afford that. | would like you to take into consideration that it is pretty unreasonable
and very harmful to hard working people that may be ill. | don’t know what the length of time is for the
warning period, there’s no time that they give you thirty days or ten days warning period. It hasn’t been
explained so we are in the dark on that. | hired a contractor and he put in sumps that should have taken
six to nine months and it took 1 % and | had to get rid of him and get someone else. There are problems
and we try to solve them but | don’t think you are reasonable and you are looking out for your own
interests only and | don’t see any problem with an infestation fine or time period to get rid of bed bugs.
It’s a lot different than a broken window. This ordinance is a one shot that takes care of everybody but
you don’t have two different time periods for emergency/health or some minor detail. | think it should be
revised for that and | don’t think it’s fair to put it through and it’s being forced down our throats and we
don’t have any input and | didn’t think that was the way Nashua worked. Nashua is a wonderful town
and you guys are all great people but you are not really...this is being pushed through too fast for me
and we should feel that our voices are heard. Thank you.

Mr. Erik Bray, 3 Dover Street

| want to voice my support for this Bill but at the same time ask that you table it and further the
discussion. | am a property owner and not a landlord and | have struggled to comprehend the objection
to this ordinance. | think what is being triggered here emotionally by both the landlords in opposition and
property owners in favor of is that code enforcement clearly needs work and | think this is a great first

Board of Aldermen Page 15
June 14, 2016

step but the focus on the landlords as opposed to the properties in general neglects the fact that you can
drive down many streets in Nashua and see things that appear in direct contradiction with the
established ordinances. As a property owner it’s disappointing. We need to know what to expect in our
communities and are the ordinances enforceable. You are a Board that establishes ordinances. If
further discussion is needed on this to garner community support and have an ordinance that is
enforceable and that’s supported and that betters our community then further the discussion, it’s great to
hear what’s happening and help explain it to the people, make the right decision. Nashua desperately
needs realistic expectations that property owners understand and they are held accountable for. If this is
the ordinance that establishes that then so be it but if it takes more time to get it right to improve the
entire community, property owners, renters and landlords then do it. That’s all | ask.
PETITIONS — None
NOMINATIONS, APPOINTMENTS AND ELECTIONS — None
REPORTS OF COMMITTEE

Budget Review Committee 00.0.0... cece eeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeee 05/19/16

There being no objection, President McCarthy declared the report of the May 19, 2016
Budget Review Committee accepted and placed on file.

Budget Review Committee 2000.00.00... eeeeeeeeeeeeeeeeeeeeeeteeeeeeeeeeeeeeeeeeee 05/23/16

There being no objection, President McCarthy declared the report of the May 23, 2016
Budget Review Committee accepted and placed on file.

Budget Review Committee 200.000.000.000... eeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeee 05/31/16

There being no objection, President McCarthy declared the report of the May 31, 2016
Budget Review Committee accepted and placed on file.

Budget Review Committee 2000.00.00... eeeeeeeeeeeeeeeeeeeeeeteeeeeeeeeeeeeeeeeeee 06/02/16

There being no objection, President McCarthy declared the report of the June 2, 2016
Budget Review Committee accepted and placed on file.

Finance COMMIttee 2.0.0... ee ccecccecccececececeeeceeceeeeeseaeseaeeeaeseaereaeeeaeenaes 06/01/16

There being no objection, President McCarthy declared the report of the June 1, 2016
Finance Committee accepted and placed on file.

Personnel/Administrative Affairs Committee. ......0..00..0c.cccccceceeeceeeeeeeeeeee 06/06/16

There being no objection, President McCarthy declared the report of the June 6, 2016
Personnel/Administrative Affairs Committee accepted and placed on file.

Planning & Economic Development Committee ............... eee 05/17/16

There being no objection, President McCarthy declared the report of the May 17, 2016
Planning & Economic Development Committee accepted and placed on file.

Board of Aldermen Page 16
June 14, 2016

Planning & Economic Development Committee ............... eee 06/07/16

There being no objection, President McCarthy declared the report of the June 7, 2016
Planning & Economic Development Committee accepted and placed on file.

Substandard Living Conditions Special Committee ..................e. 05/26/16

There being no objection, President McCarthy declared the report of the May 26, 2016
Substandard Living Conditions Special Committee accepted and placed on file.

WRITTEN REPORTS FROM LIAISONS - None
CONFIRMATION OF MAYOR'S APPOINTMENTS
Conservation Commission

MOTION BY ALDERMAN CLEMONS TO TAKE FROM THE TABLE THE APPOINTMENT OF
WILLIAM S. PARKER TO THE CONSERVATION COMMISSION

A Viva Voce Roll Call was taken, which resulted as follows:

Yea: Alderman Wilshire, Alderman Clemons, Alderman Dowd, 13
Alderman Caron, Alderman Siegel, Alderman Schoneman,
Alderwoman Melizzi-Golja, Alderman McGuinness, Alderman LeBrun,
Alderman Moriarty, Alderman O’Brien, Alderman Lopez,
Alderman McCarthy

Nay: 0
MOTION CARRIED

MOTION BY ALDERMAN CLEMONS TO CONFIRM BY VOICE VOTE THE APPOINTMENT OF
WILLIAM S. PARKER, 1 ROCKLAND STREET, NASHUA, TO THE CONSERVATION COMMISSION
FOR A TERM TO EXPIRE DECEMBER 31, 2018

ON THE QUESTION
Alderman Schoneman

| am the Aldermanic Liaison to the Conservation Commission and | attended the last meeting and Mr.
Parker was there and | said | would speak on his behalf tonight. | had a chance to speak with him to
make sure that he understood what the commission was all about and what his role would be there and
he does and he enthusiastically, as the Mayor said before, would like to serve on that commission.

A Viva Voce Roll Call was taken, which resulted as follows:

Yea: Alderman Wilshire, Alderman Clemons, Alderman Dowd, 13
Alderman Caron, Alderman Siegel, Alderman Schoneman,
Alderwoman Melizzi-Golja, Alderman McGuinness, Alderman LeBrun,
Alderman Moriarty, Alderman O’Brien, Alderman Lopez,
Alderman McCarthy

Nay: 0

MOTION CARRIED

Board of Aldermen Page 17
June 14, 2016

President McCarthy declared William S. Parker duly appointed to the Conservation Commission for a
term to expire December 31, 2018.

Oath of Office administered by Corporation Counsel.

Business & Industrial Development Authority

MOTION BY ALDERMAN CARON TO CONFIRM BY VOICE VOTE THE APPOINTMENT OF KIM
REAGAN, 30 TEMPLE STREET, NASHUA, TO THE BUSINESS & INDUSTRIAL DEVELOPMENT
AUTHORITY FOR A TERM TO EXPIRE MAY 1, 2019

A Viva Voce Roll Call was taken, which resulted as follows:

Yea: Alderman Wilshire, Alderman Clemons, Alderman Dowd, 13
Alderman Caron, Alderman Siegel, Alderman Schoneman,
Alderwoman Melizzi-Golja, Alderman McGuinness, Alderman LeBrun,
Alderman Moriarty, Alderman O’Brien, Alderman Lopez,
Alderman McCarthy

Nay: 0
MOTION CARRIED

President McCarthy declared Kim Reagan duly appointed to the Business & Industrial Development
Authority for a term to expire May 1, 2019.

Oath of Office administered by Corporation Counsel.

UNFINISHED BUSINESS — RESOLUTIONS

R-16-030
Endorsers: Mayor Jim Donchess
Alderman Richard A. Dowd
Alderman-at-Large Lori Wilshire
Alderwoman Mary Ann Melizzi-Golja
Alderman-at-Large Michael B. O’Brien, Sr.
Alderman-at-Large Brian S. McCarthy
CREATING A SPECIAL REVENUE FUND FOR SCHOOL CAREER AND TECHNICAL
EDUCATIONS (CTE) TUITION FEES
Given its second reading;

MOTION BY ALDERMAN DOWD FOR FINAL PASSAGE OF R-16-030

ON THE QUESTION

Alderman Dowd

This was recommended for final passage at the Budget Review Committee and it’s creating a special
revenue fund where we can put the monies collected for CTE tuition from people outside of Nashua. It
allows the Board of Education to collect that money so that when we go to replace the equipment that’s

used in the CTE courses they will have some money to do that. That was the intent when the CTE was
built at the two new high schools but it’s just been a while for us to get to this point.

Board of Aldermen Page 18
June 14, 2016

Alderman Moriarty

Career and Technical Education, | am a big fan of it. Mid-skilled and advanced manufacturing jobs is
something | could talk about for a long time. I’m all for it and we should have this in the school budget
and we should have it in the city budget but | am voting against this particular resolution which creates
the special revenue fund has the effect of bypassing the spending cap. Oddly enough the laws that
allow us to create the special revenue fund do not require ten votes which is kind of strange because in
all of the other cases where they are bypassing the spending cap they require ten votes. | urge you to
think about that and vote no. Thank you.

A Viva Voce Roll Call was taken, which resulted as follows:

Yea: Alderman Wilshire, Alderman Clemons, Alderman Dowd, 10
Alderman Caron, Alderman Siegel, Alderman Schoneman,
Alderwoman Melizzi-Golja, Alderman O’Brien, Alderman Lopez,
Alderman McCarthy

Nay: Alderman McGuinness, Alderman LeBrun, Alderman Moriarty 3
MOTION CARRIED
Resolution R-16-030 declared duly adopted.

R-16-033
Endorser: Mayor Jim Donchess
AUTHORIZING THE MAYOR AND CITY TREASURER TO ISSUE BONDS NOT TO
EXCEED THE AMOUNT OF TWO MILLION TWO HUNDRED THOUSAND DOLLARS
($2,200,000) FOR THE PURCHASE AND INSTALLATION OF A CITYWIDE TELECOM
SYSTEM

Given its second reading;

MOTION BY ALDERMAN WILSHIRE FOR FINAL PASSAGE OF R-16-033 BY ROLL CALL
A Viva Voce Roll Call was taken, which resulted as follows:

Yea: Alderman Wilshire, Alderman Clemons, Alderman Dowd, 12
Alderman Caron, Alderman Siegel, Alderman Schoneman,
Alderwoman Melizzi-Golja, Alderman McGuinness, Alderman LeBrun,
Alderman O’Brien, Alderman Lopez, Alderman McCarthy

Nay: Alderman Moriarty 0
MOTION CARRIED
Resolution R-16-033 declared duly adopted.

R-16-035
Endorsers: Mayor Jim Donchess
Alderman Ken Siegel
Alderman-at-Large Daniel T. Moriarty
RELATIVE TO THE RESCINDING OF AUTHORIZED UNISSUED DEBT
Given its second reading;

Board of Aldermen Page 19
June 14, 2016

MOTION BY ALDERMAN SIEGEL FOR FINAL PASSAGE OF R-16-035
A Viva Voce Roll Call was taken, which resulted as follows:

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

Nay: 0
MOTION CARRIED

Resolution R-16-035 declared duly adopted.

R-16-036
Endorsers: Mayor Jim Donchess
Alderman-at-Large Lori Wilshire
Alderman June M. Caron
Alderman-at-Large Mark S. Cookson
Alderman Tom Lopez
Alderman-at-Large Michael B. O’Brien, Sr.
Alderwoman Mary Ann Melizzi-Golja
UPDATING THE FINANCIAL STANDARDS FOR THE CITY’S WELFARE GUIDELINES
Given its second reading;

MOTION BY ALDERMAN WILSHIRE FOR FINAL PASSAGE OF R-16-036
ON THE QUESTION

Alderman Siegel

While | believe that this is well intentioned | don’t believe that this is something we should adopt. This
increases the amount of money that we are giving away and | don’t believe that’s warranted and | don’t
think that we have an obligation to do that and so | would urge that we don’t do so.

A Viva Voce Roll Call was taken, which resulted as follows:
Yea: Alderman Wilshire, Alderman Clemons, Alderman Dowd, 8
Alderman Caron, Alderwoman Melizzi-Golja, Alderman O’Brien,

Alderman Lopez, Alderman McCarthy

Nay: Alderman Siegel, Alderman Schoneman, Alderman McGuinness, 5
Alderman LeBrun, Alderman Moriarty

MOTION CARRIED
Resolution R-16-036 declared duly adopted.

Board of Aldermen Page 20
June 14, 2016

R-16-037
Endorsers: Alderman Richard A. Dowd
Alderman-at-Large Lori Wilshire
Alderman June M. Caron
Alderman Ken Siegel
Alderwoman Mary Ann Melizzi-Golja
Alderman-at-Large Michael B. O’Brien, Sr.
Alderman Tom Lopez
Alderman-at-Large Brian S. McCarthy
AUTHORIZING THE TRANSFER OF UP TO $1,146,336 FROM THE SCHOOL CAPITAL
RESERVE FUND INTO CAPITAL PROJECT ACTIVITY “SCHOOL HVAC IMPROVEMENTS”
FOR THE PURPOSE OF IMPROVING HVAC SYSTEMS AT VARIOUS SCHOOLS
Given its second reading;

MOTION BY ALDERMAN DOWD FOR FINAL PASSAGE OF R-16-037
ON THE QUESTION
Alderman Dowd

There are several schools that have been complaining about the air quality in the schools and this is
going to do a significant amount of work at Mt. Pleasant, Fairgrounds and one other school. This will be
to improve the quality of the air, the temperature of the air of the schools so that the students can
continue to learn better. It’s not the final solution which would require a project.

Alderman Moriarty

The school HVAC improvements, we have been doing a lot of them over the past years on the average
of $6 million and $9 million per year. It’s a lot of good work has been made and this school capital
reserve fund, in my belief, should be devoted towards not maintenance but | had the impression it was
for special capital improvements and so | am going to be voting no on this.

Alderman Siegel

| am somewhat astonished, there’s a problem in this school where students and teachers are literally
having trouble breathing and functioning so | think under those circumstances one has to be a little bit
circumspect about how one defines how funds are used. Presumably they are used to better the health,
safety and welfare and education of our students and given that they are having trouble breathing and
functioning, | would suggest that this would be one of the highest profile things we can do.

Alderman Moriarty

| will just repeat that we are spending between $6 million and $9 million per year for HVAC
improvements. We are not punishing the children by voting no on this.

Alderman Siegel

If a majority of this Board agree with that statement, that we are not punishing the children then in fact we
will be punishing the children and the staff. Again, | would urge passage of this.

Alderman Dowd

This school is not slated for one of these HVAC projects that he’s talking about that does an extensive
renovation of the school and this school is going to take a unique renovation to do the final correction.
These are interim steps so the kids can go to school and be able to breathe when it’s really hot.

Board of Aldermen Page 21
June 14, 2016

Alderman Lopez

| really don’t understand why we are collecting taxes if we are not making sure that kids can breathe in
the schools, it seems like kind of a no brainer.

Alderman Moriarty

| would like to point out one last time that we are spending between $6 million and $9 million so the
children can breathe. At the Joint Special School Building Committee, there is a project that’s on-going
and there was sort of an end of the year sweeps that there was money that was left over from other
projects that were being collected in order to plus up an existing contract. So, the money is being spent
out there and to portray this as voting no as somehow we are making kids not be able to breathe is
completely misleading.

A Viva Voce Roll Call was taken, which resulted as follows:

Yea: Alderman Wilshire, Alderman Clemons, Alderman Dowd, 12
Alderman Caron, Alderman Siegel, Alderman Schoneman,
Alderwoman Melizzi-Golja, Alderman McGuinness, Alderman LeBrun,
Alderman O’Brien, Alderman Lopez, Alderman McCarthy

Nay: Alderman Moriarty 1
MOTION CARRIED

Resolution R-16-037 declared duly adopted.
UNFINISHED BUSINESS — ORDINANCES

O-16-003, Amended
Endorsers: Mayor Jim Donchess
Alderman Ken Siegel
Alderman Don LeBrun
ADMINISTRATIVE ENFORCEMENT OF ORDINANCES
Given its third reading;

MOTION BY ALDERMAN SIEGEL TO AMEND O-16-003 IN ITS ENTIRETY BY REPLACING IT
WITH THE GOLDEN ROD COPY PROVIDED WITH THE AGENDA

A Viva Voce Roll Call was taken, which resulted as follows:

Yea: Alderman Wilshire, Alderman Dowd, Alderman Caron, 9
Alderman Siegel, Alderman Schoneman, Alderwoman Melizzi-Golja,
Alderman O’Brien, Alderman Lopez, Alderman McCarthy

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

MOTION CARRIED
MOTION BY ALDERMAN SIEGEL FOR FINAL PASSAGE OF O-16-003 AS AMENDED

ON THE QUESTION