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Board of Aldermen 05-22-2018 Page 7

AUTHORIZING CITY TO ACCEPT AN EXECUTORY INTEREST IN A CONSERVATION
EASEMENT AT THE SULLIVAN FARM PROPERTY
Given its second reading;

MOTION BY ALDERMAN SCHMIDT FOR FINAL PASSAGE OF R-18-029
MOTION CARRIED

Resolution R-18-029 declared duly adopted

R-18-033
Endorsers: Mayor Jim Donchess
Alderman-at-Large Lori Wilshire
Alderwoman Mary Ann Melizzi-Golja
Alderman-at-Large Michael B. O’Brien, Sr.
Alderman Jan Schmidt
Alderman-at-Large David C. Tencza
Alderwoman-at-Large Shoshanna Kelly
Alderman June M. Caron
Alderman-at-Large Michael Brandon Laws
Alderman Patricia Klee
Alderman Linda Harriott-Gathright
RELATIVE TO THE ACCEPTANCE AND APPROPRIATION OF $1,430,000 FROM THE
UNITED STATES DEPARTMENT OF HOUSING & URBAN DEVELOPMENT INTO PUBLIC
HEALTH & COMMUNITY SERVICES GRANT ACTIVITY “HOUSING OPPORTUNITIES FOR
PERSONS WITH AIDS (“HOPWA”)”
Given its second reading;

MOTION BY ALDERMAN WILSHIRE FOR FINAL PASSAGE OF R-18-033
MOTION CARRIED

Resolution R-18-033 declared duly adopted

R-18-034
Endorsers: Mayor Jim Donchess
Alderman-at-Large Lori Wilshire
Alderman Linda Harriott-Gathright
Alderman Richard A. Dowd
Alderman Patricia Klee
Alderman-at-Large Brandon Michael Laws
Alderman Thomas Lopez
Alderman June M. Caron
Alderwoman-at-Large Shoshanna Kelly
Alderwoman Mary Ann Melizzi-Golja
Alderman Jan Schmidt
Alderman-at-Large Michael B. O’Brien, Sr.
RELATIVE TO THE ACCEPTANCE AND APPROPRIATION OF TRANSPORTATION
ENHANCEMENT FUNDS FROM THE STATE OF NEW HAMPSHIRE DEPARTMENT OF
TRANSPORTATION IN THE AMOUNT OF $879,760 AND AUTHORIZING THE TRANSFER OF
MATCHING FUNDS
Given its second reading;

MOTION BY ALDERMAN O’BRIEN FOR FINAL PASSAGE OF R-18-034
MOTION CARRIED

Resolution R-18-034 declared duly adopted

Board of Aldermen 05-22-2018 Page 8
UNFINISHED BUSINESS — ORDINANCES

O-18-011
Endorsers: Mayor Jim Donchess
Alderman-at-Large Lori Wilshire
Alderman June M. Caron
Alderwoman Mary Ann Melizzi-Golja
Alderman-at-Large Michael B. O’Brien, Sr.
Alderman Patricia Klee
UPDATING THE FINANCIAL STANDARDS FOR THE CITY’S WELFARE GUIDELINES
Given its second reading;

MOTION BY ALDERMAN WILSHIRE FOR FINAL PASSAGE OF O-18-011
MOTION CARRIED

Ordinance O-18-011 declared duly adopted.

There being no objection, President McCarthy suspended the rules to allow for a second reading
of Ordinance O-18-012

O-18-012

Endorser: Mayor Jim Donchess

AMENDING THE FEE SCHEDULE OF THE CITY BUILDING REGULATIONS
Given its second reading;

MOTION BY ALDERMAN WILSHIRE TO AMEND O-18-012 BY REPLACING IT IN ITS ENTIRETY
WITH THE PROPOSED AMENDMENT ATTACHED TO THE BUILDING DEPARTMENT MANAGER’S
MEMORANDUM ACCEPTED EARLIER THIS EVENING

MOTION CARRIED

MOTION BY ALDERMAN WILSHIRE TO TABLE O-18-012 PENDING THE PUBLIC HEARING
SCHEDULED FOR WEDNESDAY, MAY 30, 2018, AT 7:00 PM IN THE ALDERMANIC CHAMBER
MOTION CARRIED

O-18-013
Endorsers: Alderwoman Mary Ann Melizzi-Golja
Alderman Richard A. Dowd
Alderman Tom Lopez
Alderman Jan Schmidt
Alderman Patricia Klee
AMENDING THE ACCESSORY DWELLING ORDINANCE
Given its second reading;

MOTION BY ALDERWOMAN MELIZZI-GOLJA FOR FINAL PASSAGE OF O-18-013
ON THE QUESTION
Alderwoman Melizzi-Golja

May | just speak to the amendment? | know that everyone here has read it and we have had discussion
but for the public, the amendment now makes it so that one of the two dwellings in a home that has an
accessory dwelling must always be owner occupied. And this will continue even when the property is
sold. If the new owner desires to have an accessory dwelling, that owner will still have to live in either
the larger or smaller of the two units, so it will always be owner occupied. Thank you.

MOTION CARRIED

Board of Aldermen 05-22-2018

Ordinance O-18-013 declared duly adopted.

O-18-014

Endorser: Mayor Jim Donchess

SETTING PARKS AND RECREATION FEES
Given its second reading;

MOTION BY ALDERMAN CARON FOR FINAL PASSAGE OF O-18-014
MOTION CARRIED

Ordinance O-18-014 declared duly adopted.

NEW BUSINESS — RESOLUTIONS

R-18-036
Endorsers: Mayor Jim Donchess

Alderman June M. Caron
Alderman-at-Large Lori Wilshire
Alderman Richard A. Dowd
Alderman Patricia Klee
Alderman-at-Large Brandon Michael Laws
Alderman Thomas Lopez
Alderwoman-at-Large Shoshanna Kelly
Alderwoman Mary Ann Melizzi-Golja
Alderman-at-Large David C. Tencza
Alderman Jan Schmidt
Alderman-at-Large Michael B. O’Brien, Sr.
Alderman-at-Large Brian S. McCarthy

Page 9

RELATIVE TO THE TRANSFER OF $25,000 FROM DEPARTMENT 194 “CONTINGENCY”,

ACCOUNT 70100 “GENERAL CONTINGENCY” TO DEPARTMENT 109 “CIVIC &

COMMUNITY ACTIVITIES”, ACCOUNTING CLASSIFICATION 56 “OUTSIDE AGENCIES”
FOR THE PURPOSE OF PROVIDING FUNDING TO THE NASHUA ASSOCIATION FOR THE

ELDERLY

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

R-18-037
Endorser: Mayor Jim Donchess

Alderman Linda Harriott-Gathright
Alderman-at-Large Brandon Michael Laws

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

RELATIVE TO THE TRANSFER OF $150,000 FROM DEPARTMENT 159 “OTHER PUBLIC

SAFETY”, ACCOUNT 54835 “HYDRANT FEES” TO DEPARTMENT 198 “INTERFUND

TRANSFERS”, ACCOUNT 89725 “TRANSFER TO CITY RETIREMENT TRUST FUND”
Given its first reading; assigned to the BUDGET REVIEW COMMITTEE by President McCarthy

Board of Aldermen 05-22-2018 Page 10

R-18-038
Endorsers: Mayor Jim Donchess
Alderman June M. Caron
Alderman Richard A. Dowd
Alderman-at-Large Lori Wilshire
Alderman Ken Gidge
Alderman-at-Large Brandon Michael Laws
Alderwoman Mary Ann Melizzi-Golja
Alderman-at-Large David C. Tencza
Alderman Jan Schmidt
Alderman-at-Large Michael B. O’Brien, Sr.
AUTHORIZING FIREWORKS AT HOLMAN STADIUM AFTER 10:00 P.M. ON JULY 17, 2018
Given its first reading; assigned to the PERSONNEL/ADMINISTRATIVE AFFAIRS COMMITTEE by
President McCarthy

R-18-039
Endorser: Mayor Jim Donchess
Alderman Linda Harriott-Gathright
Alderwoman-at-Large Shoshanna Kelly

Alderwoman Mary Ann Melizzi-Golja

Alderman Jan Schmidt

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

Alderman Ken Gidge
RELATIVE TO THE ACCEPTANCE AND APPROPRIATION OF $22,347 FROM THE STATE
OF NEW HAMPSHIRE, DEPARTMENT OF ENVIRONMENTAL SERVICES, EXOTIC SPECIES
PROGRAM AND AUTHORIZING THE TRANSFER OF MATCHING FUNDS

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

NEW BUSINESS — ORDINANCES

O-18-015
Endorser: Alderman-at-Large Brian S. McCarthy
Alderman Richard A. Dowd
Alderman Ken Gidge
Alderman Linda Harriott-Gathright
Alderman June M. Caron
Alderwoman Mary Ann Melizzi-Golja
Alderman Jan Schmidt
Alderman-at-Large Michael B. O’Brien, Sr.
AMENDING THE CITY’S STORMWATER MANAGEMENT ORDINANCES
Given its first reading;

MOTION BY ALDERWOMAN MELIZZI-GOLJA TO ACCEPT THE FIRST READING OF O-18-015,
ASSIGN IT TO THE PLANNING & ECONOMIC DEVELOPMENT COMMITTEE AND THE NASHUA
CITY PLANNING BOARD AND THAT A PUBLIC HEARING BE SCHEDULED ON TUESDAY, JUNE
5, 2018, AT 7:00 PM IN THE ALDERMANIC CHAMBER

MOTION CARRIED

O-18-016
Endorser: Alderman Tom Lopez
Alderman Richard A. Dowd
Alderman Ken Gidge
ESTABLISHING A NO PARKING ZONE ON THE WEST SIDE OF PINE STREET
Given its first reading; assigned to the COMMITTEE ON INFRASTRUCTURE by President McCarthy

Board of Aldermen 05-22-2018 Page 11

PERIOD FOR GENERAL PUBLIC COMMENT

Christopher Griffin

Good evening. | am a member of your disabled community and | have a question for you all. Why has
the City of Nashua been discriminating against mobile disabled by not providing proper handicap
access on the north side of the bridge. This has been going on for over 42 months. The City was
notified of the problem 6 months ago and still the problems remain. The City is in a unique position
here because this field corporation who is relying on to give the access on the north side bridge did not
do that for 3 years. You are in a unique position because now they can renegotiate and have the ramp
put in which would give 24 hour access to the disabled community which would help make up for the
time that we’ve lost. Because 3 years is a long time to not have any access.

They started giving some access back in December when they started answering the phone which they
were supposed to have answered back in 2014. But when | tried to use it 2 weeks ago, | got their
answering machine. So still they are failing to comply with federal ordinances and the agreed upon
decision by you all to give them the responsibility of managing access for the disabled. I’m curious as
to why and I’ve mentioned this to other people in the City, that the City should be going after them for
the time lost. And the response I’ve gotten is “we have no interest in doing that”. So |’m curious as to
all of you, what do you think? Do you think that disabled people in the community deserve that
contract? And since we have an opportunity, since they broke the contract, renegotiate and possibly
put ina ramp? Is it equitable? Is it fair?

Because if you all don’t agree with me, my next option is to go have somebody from the state with an
attorney to file charges against you for violations to the Americans with Disabilities Act for 180 days.
That adds up to $660,000.00. Not only that from the Federal Highway Administration, Section 504, it
says you are not allowed to discriminate and since you did not provide access for 3 years at all, that’s a
form of discrimination and you can be held accountable for that also in federal and privately. | don’t
want any of that but the City has been sitting back for the 6 months | have been talking to them, doing
nothing. So | figured I’d meet with the people who really make these decisions and see what you all
think. So I’d love to hear from you right now if you all have any comments or responses to what I’ve
said.

President McCarthy

This is the public comment period, we accept comments we don’t respond to them during public
comment period.

Christopher Griffin

So can | ask for a letter from you all within the next week, from each one of you to be sent to my house
as to what your response is to my questions, because | think it deserves an answer and deserves an
answer quickly. Because the people | am working with are finishing up a case and once they start
investigating | won’t let them stop. Thank you all very much.

President McCarthy

You’re welcome.
Christopher Griffin
If need be, let me know and I'll leave my address so you can all mail me a letter if you choose to.

REMARKS BY THE MEMBERS OF THE BOARD OF ALDERMEN

Board of Aldermen 05-22-2018 Page 12

Alderman Lopez

The Tree Street Block Party is June 9" so everybody is invited to that. And then additionally a new
mural is being announced by Positive Street Art and it is particularly important to me because it is to
acknowledge people who have we lost to recovery. So there is more information on their web site but it
is important | think as we look at the opioid crisis and we look at the responses that we have, not to lose
focus on the fact that there are people still struggling who have lost close family members and there are
still people who are struggling with recovery. So just because it is not in the news as much as it was
last year it still is very important to stay focused on it as a City.

Alderman Jette

One of my constituents e-mailed me saying that she read in the newspaper that it is costing the city
more to dispose of recyclables than it has in the past and she is asking should she stop taking her
recyclables to the landfill in order to save the city money. | am going to respond to her directly but |
want everyone to know that the City is still firmly committed to the recycling program. Recyclables do
not yet cost more than it costs to put it in the landfill but we are heading in that direction and | am
working on a resolution to form a committee to study the whole issue of waste and recycling and try to
figure out how the City can best deal with waste and recycling. It is a big problem but there are
solutions out there so | am hoping that this committee that we form will be able to get information from
the experts in the field and help our solid waste department figure out the best way to deal with this
problem.

But in the meantime, yes the City is still very much committed to recycling, please separate your
recyclables, put them in the proper containers and if you live in a place like this woman does where we
don’t pick up, please bring it to the recycling center. And please look at the City’s website about the
instructions about what is recyclable and what isn’t. Some people unfortunately think that the more
stuff that they can put in the recycling the better it is, but not necessarily. There is a limited itemization
of the types of materials that we can accept and that our contractor will take from us and plastic bags is
not one of them. The types of things you can put in recycling is not universal, it is a limited list. So
please look at the City’s website about what that is and please continue to recycle what you can.
Thank you.

Alderwoman Melizzi-Golja

Yes | would just remind everyone that the Sculptors continue to work at Makelt Labs and you can go
out there and chat with them and watch them as they are working. They are there Monday through
Saturday. | was out there last weekend and they enjoy having people come and talk to them about
their work. You can take a little tour of Makelt Labs also while you are there.

| would just also remind people that this weekend is Memorial Day Weekend and | hope you will join us
at the parade. Thank you.

Alderman Tencza

Thank you Mr. President. Over the weekend on Sunday | had the opportunity to attend the dedication
ceremony at the Main Street United Methodist Church for the new building that they constructed over
the last couple of years which was really a feat for the Church. | wanted to congratulate Pastor Cullin
and the entire congregation for really breathing new life into their building and into the congregation as
well as their little portion of Main Street. Everything from the roofing work that they did to the
landscaping really came out fantastic and it is a great property now right there on the corners of Main
Street and Temple Street.

In raising the money for the project, Mr. President, they called the campaign “The Heart of Nashua
Campaign” and one of the things that | learned that the church on four separate occasions has voted to
actually remain on Main Street in Nashua because they think that is an important place for them to be in

Board of Aldermen 05-22-2018 Page 13
all the work that they do. | was impressed by that but | was also thinking about our own fund raising
campaign that is going to be undertaken for the Arts Center and | thought that maybe naming the

campaign something such as the “Soul of Nashua” might be a nice compliment to all the work that the
churches are doing in the downtown area. So | just want to congratulate the congregation.

Committee announcements:

Alderman Dowd

On May 30" we will have the next meeting of the Budget Committee. If you are anticipating making any
motions please think about them and have them structured for that meeting. If not, because we have a
tight budget and are expecting an impact from the revaluation in the City, if there are no motions we
should be ready on that date to take a final vote and recommend final passage to the full Board and
then that will be at the subsequent meeting where the City’s budget will come before this entire Board.

Alderwoman Melizzi-Golja

Yes PEDC will be Tuesday June 5" and as you heard we have the public hearing on Wastewater and
we will continue our discussion on the blasting ordinance. Thank you.

Alderman Caron

Yes thank you. Personnel will be meeting on Monday, June 4" and we will be getting the report from
the Personnel Advisory Board and HR concerning some of the questions that some of the staff had with
the pay scale changes.

Alderman O’Brien

Thank you Mr. President, tomorrow night, Wednesday, May 23” at 7:00 p.m. Infrastructure will be
meeting here in the Chamber. All are welcome, thank you.

ADJOURNMENT

MOTION BY ALDERMAN WILSHIRE THAT THE MAY 22, 2018 MEETING OF THE BOARD OF
ALDERMEN BE ADJOURNED

MOTION CARRIED

The meeting was declared adjourned at 8:07 p.m.

Attest: Judith Boileau, Deputy City Clerk

City of Nashua
Department of Building Safety

Community Development Division

City Hall, 229 Main Street, PO Box 2019
Nashua, New Hampshire 03061-2019

es
Tel: 603.589.3080 e Fax: 603.589.3119 CODE COUNCI?

MEMORANDUM

TO: Brian McCarthy, Board of Aldermen President
FROM: William McKinney, Building Department Manager
DATE: May 18, 2018

RE: Amendment to City Legislation 0-18-012

President McCarthy,

In preparation of approval of city legislation 0-18-012, to amend permit fees and during
updating of our permit templates an error was located involving a single proposed fee on page
3 that should be amended.

City legislation 0-18-012, page 3, B. Mechanical permit fee schedule, (1) Residential
mechanical, (c) (3) Refrigeration piping, coil or condensing unit: $6-58 40 is incorrect. The
correct proposed amount should $6.50 15.

| respectfully request the following amendment to City legislation 0-18-012, page 3, B.
Mechanical permit fee schedule, (1) Residential mechanical, (c) (3) Refrigeration piping, coil or
condensing unit: $6.59 75.

My sincerest apology for this error.

Respectfully,

William A. McKinney
Manager/Building Official
Department of Building Safety

AMENDED
O-18-012

ORDINANCE

AMENDING THE FEE SCHEDULE OF THE CITY BUILDING REGULATIONS

CITY OF NASHUA

In the Year Two Thousand and Eighteen

The City of Nashua ordains that Part Il “General Legislation”, Chapter 105 “Building
Construction’, Article VI “Fees”, Section 105-22 “Fee Schedule” of the Nashua Revised
Ordinances, as amended, be hereby further amended by deleting the struck-through language and
adding the new underlined language as follows:

Ҥ 105-22. Fee Schedule.

A.

Building permit fee schedule.

(1)

(2)

(3)

A nonrefundable application processing fee shall be paid at the time of filing of
any application:

(a) Building permit: $2535.

New buildings, additions, alterations, mobile homes, in-ground swimming pools,
basements, connecting structures, future expansion areas and areas capable of
being used as living or occupiable space shall be included to calculate aggregate
floor area: .

(a) Residential — 1 & 2 Family and Townhouses (per square foot of area
affected): $0.4415.

(b) Commercial — including Multi-Family (per square foot of area affected):
$0.2025.

Structures designed and certified to LEED standards shall be eligible for the
following reduction in their building permit fee:

(a) LEED standard certification: 5%.
(b) LEED silver certification: 10%.
(c) LEED gold certification: 15%.

(d) LEED platinum certification: 20%.

AMENDED
ORDINANCE O-18-012

(4) Alterations, repairs, fire damage:
(a) Residential (per square foot of area affected): $0.0610.
(b) Commercial (per square foot of area affected): $0415.

(5) Additional plan review for minor modifications of previously approved drawings,
including commercial tenant fit-up:

(a) Residential (per square foot of area affected): $0.0305.
(b) Commercial (per square foot of area affected): $0.0710.

(c) When, in the Building Official's opinion, the nature of the work is not
related to floor area, the permit fee may be based on a construction cost of

9-006 -rails-per-doHar$0.60 per $100.
(6) Moving a building from lot to lot: $455180.

(7) Demolition — the total removal and disposal of a structure:
(a) Up to 1,000 square feet: $2230.

(b) Excess beyond 1,000 square feet (fee for each additional 100 square feet
or part thereof of aggregate floor area): $2:593.

(8) Elevaters:-$88. Certificate of Occupancy — existing space/owner change: $50.

(9) Special construction — not including signs, but including and not limited to
membrane structures, temporary structures, canopies and awnings, pedestrian
walkways, radio and television towers, radio and television antennas, elevators,
commercial solar energy systems, commercial wind energy systems and
commercial (other than asphalt roofing shingles) re-roofing:

(a) Fee shall be based on a construction or installation cost of 9-006-mills-per
dotar$0.60 per $100.

(10) Retaining walls over four feet in height above grade Gvhicheveris-greater}:

(a) Minimum:-$55-or Residential: minimum $25 or $0.10 per linear foot
(whichever is greater).

(b) Pertnearfeot: $0.20. Commercial: minimum $50 or $0.25 per linear foot
(whichever is greater).

(11) Minimum fee for miscellaneous equipment (each), excluding the application fee,
where not otherwise provided for by this section [for example: residential
antennas, small sheds (less than 506200 square feet), or construction trailers| or as
deemed appropriate by the Building Official or his or her designee:

(a) Residential: $4620.
(b) Commercial: $3545.