Search

Board of Aldermen 05-11-2021 Page 19
A viva voce roll call was taken which resulted as follows:

Yea: Alderman O’Brien, Alderwoman Kelly, Alderman Dowd,
Alderman Caron, Alderman Lopez, Alderman Tencza,
Alderwoman Lu, Alderman Jette, Alderman Schmidt, Alderman Laws,
Alderman Cleaver, Alderwoman Harriott-Gathright, Alderman Wilshire 13

Nay: 0

MOTION CARRIED

MOTION BY ALDERMAN CARON FOR FINAL PASSAGE OF O-21-056 AS AMENDED, BY ROLL CALL
A viva voce roll call was taken which resulted as follows:

Yea: Alderman O’Brien, Alderwoman Kelly, Alderman Dowd,
Alderman Caron, Alderman Lopez, Alderman Tencza,
Alderwoman Lu, Alderman Jette, Alderman Schmidt, Alderman Laws,
Alderman Cleaver, Alderwoman Harriott-Gathright, Alderman Wilshire 13

Nay: 0
MOTION CARRIED
Ordinance O-21-056 declared duly adopted as amended.

O-21-058
Endorsers: Mayor Jim Donchess
Alderman-at-Large Michael B. O’Brien, Sr.
Alderman Jan Schmidt
Alderman Linda Harriott-Gathright
Alderman Patricia Klee
AMENDING THE FLOODPLAIN MANAGEMENT LAND USE ORDINANCES
Given its second reading;

MOTION BY ALDERMAN TENCZA FOR FINAL PASSAGE OF O-21-058, BY ROLL CALL
ON THE QUESTION

President Wilshire

Discussion on that motion? Alderman Jette.

Alderman Jette

| just think it is important for the public to know that this change in the ordinance has to do with flood insurance
and the Flood Insurance Program recommended that we make these changes. This will enable us to maintain
a rating better than most communities which also enables people to get a break on, if they need flood
insurance, by adopting these changes we are complying with the policies and procedures of the National Flood
Insurance Program which enables our citizens who do need flood insurance to get a lower rate on that flood
insurance. So this is a great benefit to those people who need flood insurance and it also enables us to make
sure that buildings that are built, new buildings or improvements to buildings that they comply with the flood
insurance requirements so that damage by flood is lessened.

Board of Aldermen 05-11-2021 Page 20
President Wilshire

Thank you Alderman Jette. Motion is for final passage. Further discussion? Alderman Lopez?

Alderman Lopez

Yeah | just wanted to add that | had asked whether or not this would, by moving the flood plains would it
change any of the expectations or requirements for development in that area to manage any kind of
remediation or environmental hazards, specifically concerned about the Mohawk Tannery or the expansion of
the Riverfront Landing properties. And the answer | was given was nope, because it’s still going to flood so
they need to build it so that it would survive the flood.

President Wilshire
Ok. Anyone else? Seeing none, would the Clerk please call the roll?
A viva voce roll call was taken which resulted as follows:
Yea: Alderman O’Brien, Alderwoman Kelly, Alderman Dowd,
Alderman Caron, Alderman Lopez, Alderman Tencza,
Alderwoman Lu, Alderman Jette, Alderman Schmidt, Alderman Laws,
Alderman Cleaver, Alderwoman Harriott-Gathright, Alderman Wilshire 13
Nay: 0
MOTION CARRIED
Ordinance O-21-058 declared duly adopted.
O-21-059
Endorsers: Alderman Richard A. Dowd
Alderman-at-Large Michael B. O’Brien, Sr.
Alderman Patricia Klee
Alderman Jan Schmidt

Alderman Linda Harriott-Gathright
Alderman-at-Large Ben Clemons

AUTHORIZING A RIGHT TURN ONLY LANE ON AMHERST STREET TO COTTON ROAD CONNECTOR
Given its second reading;

MOTION BY ALDERMAN DOWD FOR FINAL PASSAGE OF O-21-059, BY ROLL CALL
ON THE QUESTION

Alderman Dowd

And I'd like to speak to it.

President Wilshire

Alderman Dowd.

Alderman Dowd

Yes, anybody that is familiar with this corner which is near the Pressed Sandwich Shop. There are three lanes
and the righthand lane which is meant for turning on to Cotton, people get in that lane and then try to merge

Board of Aldermen 05-11-2021 Page 21

and there’s no lane on the other side of the intersection and it has been very hazardous including trailer trucks
I’ve seen try to do that and merge. And then the three lanes of cars get squished into two. | am surprised there
haven’t been more accidents there. But | have the concurrence of the City Engineer for these changes and |
ask that we pass it tonight.

President Wilshire

Any further discussion on Ordinance 21-059? Seeing none the motion is for final passage of Ordinance 21-
059 by roll call. Would the Clerk please call the roll?

A viva voce roll call was taken which resulted as follows:
Yea: Alderman O’Brien, Alderwoman Kelly, Alderman Dowd,
Alderman Caron, Alderman Lopez, Alderman Tencza,
Alderwoman Lu, Alderman Jette, Alderman Schmidt, Alderman Laws,
Alderman Cleaver, Alderwoman Harriott-Gathright, Alderman Wilshire 13
Nay: 0
MOTION CARRIED
Ordinance O-21-059 declared duly adopted.
O-21-060
Endorsers: Alderman Richard A. Dowd
Alderman-at-Large Michael B. O’Brien, Sr.
Alderman-at-Large Lori Wilshire
NO PARKING AT CERTAIN TIMES AND NO ON-STREET STUDENT DROP OFF OR PICK UP ON

SECTIONS OF CLEVELAND STREET
Given its second reading;

MOTION BY ALDERMAN DOWD FOR FINAL PASSAGE OF O-21-060, BY ROLL CALL

ON THE QUESTION

Alderman Dowd

And I'd like to speak to it.

President Wilshire

Alderman Dowd?

Alderman Dowd

So this is the Fairgrounds Middle School, it is part of the project we have developed a holding lane for the new
parents drop off. We don’t want any parking in there during the school hours because that would make the
holding lane useless. Cleveland Street is extremely busy and it is going to be paved very shortly for final
paving and we don’t want students dropped off in zones that would make it dangerous for them getting into the
school. So we are going to put signs for no drop offs of students in these areas. And this has been approved
by the City Engineer, Dan Hudson.

President Wilshire

The motion is for final passage by roll call. Any discussion? Alderman O’Brien.

Board of Aldermen 05-11-2021 Page 22
Alderman O’Brien

Thank you. And | agree totally with my fellow Alderman, Alderman Dowd. But one other Alderman who is not
here this evening, Alderman Clemons, did have a concern because Fairgrounds Junior High is a voting place

and that was discussed at the Infrastructure Meeting and allowances will be made on that. And to the friends
of our community who do have handicapped children, if you remember, there is a handicap playground there

and this will not affect their fun to be able to access that facility. Thank you.

President Wilshire
Alderman Dowd?
Alderman Dowd

Yeah | just want to follow up along with that. We did put several new handicap spots in the new parents
parking area that are adjacent to the handicap playground so that it is much easier access for them to get to
that playground from that higher level.

President Wilshire

Any further discussion? The motion is for final passage of Ordinance 21-060 by roll call. Would the Clerk
please call the roll?

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

Yea: Alderman O’Brien, Alderwoman Kelly, Alderman Dowd,
Alderman Caron, Alderman Lopez, Alderman Tencza,
Alderwoman Lu, Alderman Jette, Alderman Schmidt, Alderman Laws,
Alderman Cleaver, Alderwoman Harriott-Gathright, Alderman Wilshire 13

Nay: 0
MOTION CARRIED

Ordinance O-21-060 declared duly adopted.

NEW BUSINESS — RESOLUTIONS

R-21-137
Endorser: Mayor Jim Donchess
Alderman Jan Schmidt
Alderman Richard A. Dowd
Alderman-at-Large David C. Tencza
Alderman Linda Harriott-Gathright
Alderman-at-Large Michael B. O’Brien, Sr.
Alderwoman Elizabeth Lu
Alderman Tom Lopez
Alderman June M. Caron
Alderman Skip Cleaver
Alderman-at-Large Lori Wilshire
RELATIVE TO THE ACCEPTANCE AND APPROPRIATION OF $352,078 FROM THE STATE OF NEW
HAMPSHIRE DEPARTMENT OF HEALTH AND HUMAN SERVICES INTO PUBLIC HEALTH AND
COMMUNITY SERVICES GRANT ACTIVITY “FY2022 REGIONAL PUBLIC HEALTH NETWORK
SERVICES”

Given its first reading; assigned to the HUMAN AFFAIRS COMMITTEE, by President Wilshire

Board of Aldermen 05-11-2021 Page 23

R-21-138
Endorser:

Mayor Jim Donchess

Alderman Jan Schmidt

Alderman Richard A. Dowd
Alderman-at-Large Michael B. O’Brien
Alderman Linda Harriott-Gathright
Alderwoman Elizabeth Lu

Alderman June M. Caron

Alderman Tom Lopez
Alderman-at-Large Lori Wilshire

RELATIVE TO THE ACCEPTANCE AND APPROPRIATION OF $25,563.84 FROM THE STATE OF NEW
HAMPSHIRE DEPARTMENT OF SAFETY “STATE HOMELAND SECURITY GRANT PROGRAM” INTO
POLICE GRANT ACTIVITY “2020 HOMELAND SECURITY GRANT PROGRAM”

Given its first reading; assigned to the HUMAN AFFAIRS COMMITTEE, by President Wilshire

R-21-139
Endorser:

Alderman Jan Schmidt

Alderman Richard A. Dowd

Alderman Tom Lopez

Alderman-at-Large Michael B. O’Brien, Sr.
Alderman Linda Harriott-Gathright

AUTHORIZING THE BUS PULL OFF AND SHELTER EASEMENT ON BRIDGE STREET AND
TEMPORARY CONSTRUCTION EASEMENT AND USE EASEMENT AGREEMENT ON SANDERS

STREET

Given its first reading; assigned to the COMMITTEE ON INFRASTRUCTURE and NASHUA CITY PLANNING
BOARD, by President Wilshire

R-21-140
Endorser:

Mayor Jim Donchess

Alderman Richard A. Dowd
Alderman-at-Large Michael B. O’Brien, Sr.
Alderman Linda Harriott-Gathright
Alderman Skip Cleaver

Alderman Tom Lopez

Alderwoman Elizabeth Lu

AUTHORIZING THE CITY OF NASHUA TO ENTER INTO A CONTRACT WITH THE TOWN OF
MERRIMACK FOR TRANSIT SERVICES

Given its first reading; assigned to the FINANCE COMMITTEE, by President Wilshire

R-21-141
Endorser:

Alderman Ernest A. Jette

Alderman Richard A. Dowd
Alderman-at-Large Michael B. O’Brien, Sr.
Alderman Skip Cleaver

Alderman Linda Harriott-Gathright
Alderman Jan Schmidt
Alderwoman-at-Large Shoshanna Kelly
Alderman-at-Large Lori Wilshire

AUTHORIZING THE EXPENDITURE OF UP TO $24,500 FROM THE CONSERVATION FUND FOR
WORK ON THE SALMON BROOK TRAIL

Given its first reading; assigned to the BUDGET REVIEW COMMITTEE, by President Wilshire

Board of Aldermen 05-11-2021 Page 24

R-21-142
Endorser: Mayor Jim Donchess
Alderman Linda Harriott-Gathright

RELATIVE TO THE ADOPTION OF THE FISCAL YEAR 2022 PROPOSED BUDGET FOR THE CITY OF

NASHUA GENERAL, ENTERPRISE, AND SPECIAL REVENUE FUNDS
Given its first reading; assigned to the BUDGET REVIEW COMMITTEE and schedule a SPECIAL BOARD OF
ALDERMEN PUBLIC HEARING for Wednesday, June 17, 2020, at 7:00 p.m. to be held AT NASHUA HIGH
SCHOOL NORTH IN THE AUDITORIUM, by President Wilshire

R-21-143
Endorsers: Mayor Jim Donchess

Alderman Thomas Lopez
Alderman-at-Large Brandon Michael Laws
Alderwoman-at-Large Shoshanna Kelly
Alderman Patricia Klee
Alderman Jan Schmidt

PROPOSING AN AMENDMENT TO THE CITY CHARTER RELATIVE TO THE MANNER OF

APPOINTMENTS TO THE NASHUA BOARD OF POLICE COMMISSIONERS

Given its first reading;

MOTION BY ALDERMAN LAWS THAT RESOLUTION R-21-143 IS NECESSARY AND IS ASSIGNED TO
THE PERSONNEL/ADMINISTRATIVE AFFAIRS COMMITTEE AND A SPECIAL BOARD OF ALDERMEN
PUBLIC HEARING IS SCHEDULED FOR MONDAY, JUNE 7™, 2021 AT 7:00 P.M. BY ROLL CALL.

ON THE QUESTION

President Wilshire

Is there discussion on that?

Alderman Jette

| have, | guess this would be a parliamentary inquiry to Attorney Bolton if | may.

President Wilshire

You sure can.

Alderman Jette

So this motion is to - is that this Resolution is necessary. So | am wondering is that just a procedural matter? A
question of whether it is necessary or not, isn’t that something that we are going to determine after the public
hearing and the Personnel & Administrative Affairs has a chance to weigh in on it and make a recommendation
and then we vote on it finally. That’s my first question. And secondly, this Resolution is not to change anything
about how the Police Commission is selected, it is to place before the voters the question whether or not the

voters would like a change to occur. So | think if Attorney Bolton could clarify that for us, | appreciate it. Thank
you.

President Wilshire

Attorney Bolton.

Board of Aldermen 05-11-2021 Page 25

Steve Bolton, Corporation Counsel

Yes, Alderman Jette, you are correct that the declaration of “necessary” is just because of the way the State
Statute on how municipalities amend a charter is written. So the relevant provision is RSA 49B:5 which begins
the municipal officers, which in our case in Nashua is the Board of Aldermen. So the municipal officers may
determine that one or more amendment to the Municipal Charter are necessary and shall by order provide for
notice of a public hearing thereon. And the statute goes on to go through all of the other necessary steps. The
last step is a vote by the voters. Preliminary to that working backwards is the determination by the Board of
Aldermen to place the question on the ballot and submit it to the voters. But before you ever get to that, you
have to have a public hearing, you have to determine whether or not you want to modify the proposed
amendment. If after the public hearing, you are satisfied with the wording, you make that known. If you are
unsatisfied with the wording and you make modifications to the proposed amendment, a further public hearing
must be held.

Once the wording is finalized by the Board, the proposed amendment is submitted to three State Officers; the
New Hampshire Attorney General, Secretary of State and Commissioner of the Department of Revenue
Administration for their determination as to whether the proposed amendment conflicts with any general laws
of the State of New Hampshire; that is the statute for the New Hampshire Constitution. Following basically the
green light from those three State Officials, assuming we get to that stage, then the Board could vote at that
point as to whether or not to place it on the ballot and submit it to the voters. You never get to any of those
steps unless there’s a preliminary finding that it is necessary. So it is necessary in the sense that if you are
even going to consider it further, you have to make the determination that it is necessary at least to study the
situation.

Alderman Jette

Thank you.

President Wilshire

You're all set Alderman Jette.

Alderman Jette

Yes, | appreciate the clarification from Attorney Bolton. So as | understand it, our voting in favor of this tonight,
all that means is that we are allowing it to proceed for all of those further steps that have been explained by
Attorney Bolton. This is just the beginning, it just allows us to even consider whether or not a Charter change
is warranted or not. By voting in favor of this, we are not voting to change anything; at least not at this point. If
| understood him correctly.

President Wilshire

| think you did.

Alderman Jette

Thank you.

President Wilshire

That’s what | understood too. Thank you. Alderman Lopez.

Alderman Lopez

Just for my part, | am voting in favor of the public having a chance to weigh in on this due to public hearing and

Board of Aldermen 05-11-2021 Page 26

then again if it proceeds to the referendum | think this is an issue that needs to have citywide accurate polling
in the form of voting.

President Wilshire
Alderman Lu?
Alderwoman Lu

Thank you Madam President. | have been following the Agenda along and | didn’t think we were voting on this
tonight.

President Wilshire

We are voting on sending it forward to the Personnel Administrative Affairs Committee and for them to
schedule a public hearing.

Alderwoman Lu

OK just if you could help me. This is kind of unusual right, for a new business to actually be voted upon to
send it to Committee?

President Wilshire

It is a Charter Change so | believe we have to have a public hearing and in order to do that we have to pass
this along.

Alderwoman Lu

Ok so we don’t just send it to a Committee, we have to vote to send it to the Committee.
President Wilshire

Because it is a Charter Change, yes.
Alderwoman Lu

OK.

President Wilshire

Anyone else?

Alderwoman Kelly

Alderwoman Kelly.

President Wilshire

Alderwoman Kelly.

Alderwoman Kelly

| also just wanted some clarification. This would be if it were to go through all those steps Attorney Bolton,
through Madam President, this would be binding ballot question, correct?

Board of Aldermen 05-11-2021 Page 27

Attorney Bolton

Yes, the voter’s decision is determinative. It is binding, it is yes or no by the voters.

Alderwoman Kelly

Thank you.

President Wilshire

Alderwoman Lu?

Alderwoman Lu

Thank you. Since we are going to vote today, | do have a question. Could one of the endorsers or the person
who brought this motion forward explain why there might be a need because if that’s what we are voting on
whether there’s a need....

President Wilshire

Well we vote on that only after the public hearing. | mean we are voting to send this to the Committee and for
them to hold a public hearing. We are not voting and saying “yes we agree with this process with the Charter
Change’.

Alderwoman Lu

So | apologize. | think this is the first time a Charter Change has come before me and it didn’t look any different
on the Agenda so | wasn’t aware that ... OK so we are going to vote whether we want to even pay attention to
this, correct?

President Wilshire

Yes.

Alderwoman Lu

Thank you.

President Wilshire

You’re welcome. Alderman Lopez?

Alderman Lopez
| mean | think the Legislation is here so personally | am voting in favor of having the public comment in order

to, if we need to have it go before the referendum and | would like to go on record as voting in favor of
following the law in order to change the Police Commissioners if we choose to do that since this is all due to
State’s Statutes governing this process.

President Wilshire

Anyone else? Alderman Lu.

Alderwoman Lu

Well it sounds like quite a protracted process. And | wonder since there has been some type of a polling done,

Board of Aldermen 05-11-2021 Page 28

could we know how the polling turned out. | understand it seems to be a poll sent out to perhaps Mayor
Donchess’ email list but that would help me if | knew. Apparently Mayor Donchess thought it was a good idea
to get that information. Could we have the results of the poll from your chosen list?

President Wilshire

Mayor, did you wish to speak on that?

Mayor Donchess

In thinking about this and talking with some of the Aldermen who contacted me about it, | thought it be worth
sounding out the people | am in contact with at least regarding what they thought. So about 1,900 and some
people got the email and opened it. About 600 people voted, the two questions, now we are in a history where
there had been 130 years of the Nashua Police Commission and there’s only been one woman appointed in
130 years. So | asked the question, should there be a mandatory number of women on the Commission. And
that sort of tracked the current requirement that there has to be a party balance; you can’t have more than two
members of the same party on the Commission now according to the Charter. And that came out fairly close,
it was in favor of mandatory female members but it was 51/49 or so.

The other question was asked, well who should make the appointment, should it continue to be the Governor
and a Council up in Concord or should it be local appointments, the Mayor and the Board of Aldermen. Now
that came out quite decidedly in favor of local appointments; more than 2 to 1. And | think the exact numbers
were at about 600 people voted so it was like 410 to 194 of the people who decided to express an opinion.

President Wilshire
Are you all set Alderman Lu?
Alderwoman Lu

Yes, but actually a follow up. Have there been a lot of females that have been overlooked, presented as a
candidate and overlooked?

Mayor Donchess

Well | don’t know, this is a very political and secretive process. So what happens is there’s something that
goes on between the councilor and the governor, usually as I’ve heard it over the decades, often it is a friend of
the governor's councilor who gets, not in every case, it depends on the relationship between the governor’s
councilor and the governor. But somehow, I’ve never heard of an application process or any kind of vetting
process or anything like that. And someone proposes a member and then the council votes on it. So | don’t
know if women have been considered. | don’t know who has been considered, | don’t know who has applied, |
have no idea of who has expressed an interest.

But | do know that there are many qualified women in Nashua who could be appointed and serve very
competently on the Nashua Police Commission. But because there seemed to be a divided opinion on that,
this does not mandate women. It just says that — it expands the number of appointments from 3 to 5 and says
that the membership should reflect the citizenship of the community. And it says that merit, qualifications and
a history of community service should be considered. | think that using that procedure we could arrive at a
group of appointees that would serve the community and the Police Department very well.

| would point out that there used to be many other cities, a number of other cities, Manchester, Laconia, Berlin
and other cities who had the governor appoint the Police Commissioners. All but Nashua have abandoned
that process. Portsmouth was the last one about 20, 25 years ago opted for a local procedure as have all the
other cities. So of the 200 and some communities in New Hampshire, we are the only one where — whoever
supervises the Police Department is not selected locally.