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Board of Aldermen — 3/21/17 Page 23

MOTION BY ALDERMAN CLEMONS TO AMEND O-17-034 IN ITS ENTIRETY BY REPLACING IT WITH
THE GOLDEN ROD COPY PROVIDED WITH THE AGENDA

ON THE QUESTION
Alderman Clemons

The original intent of the ordinance was to add Badger Street as a street where residents could overnight park.
After review from the fire department, they said they would have a difficult time getting their trucks down the
street if there was overnight parking. What this amendment does is instead of allowing the on-street parking on
Badger Street, it allows the residents of Badger Street to purchase the on-street parking permits. Then they can
park somewhere else in the neighborhood, similar to what we have done up in French Hill. | want to thank
Alderman Schoneman for suggesting this amendment.

Alderman Lopez

Part of the reason the fire department didn’t endorse putting it on Badger Street is because the road is only 18
feet wide. They also pointed out that it is the same condition one street over on Pierce Street. | started talking
to the residents about overnight parking spaces there. So far, nobody really uses it but overnight parking
program, in general, is something we should be looking carefully at each step of the way that we add to it. A lot
of the reasoning behind adding Badger Street was every street except for that one was added. It turns out there
was a reason why that was not added and maybe one street to many was added.

Alderman Moriarty

If the fire department says it is too narrow then | will take their word for it.
MOTION CARRIED

MOTION BY ALDERMAN CLEMONS FOR FINAL PASSAGE OF O-17-034 AS AMENDED
MOTION CARRIED

Ordinance O-17-034 declared duly adopted as amended.

O-17-035
Endorsers: Mayor Jim Donchess
Alderman-at-Large Mark S. Cookson
Alderman David Schoneman
Alderman Sean M. McGuinness
Alderman Don LeBrun
Alderman-at-Large Lori Wilshire
Alderman Richard A. Dowd
Alderman June M. Caron
Alderwoman Mary Ann Melizzi-Golja
Alderman Tom Lopez
Alderman-at-Large Brian S. McCarthy
ADOPTING THE ALL VETERANS’ TAX CREDIT
Given its second reading;

MOTION BY ALDERMAN COOKSON FOR FINAL PASSAGE OF O-17-035

ON THE QUESTION

Board of Aldermen — 3/21/17 Page 24
Alderman Cookson

It has a lot of support, and | appreciate everybody signing up for this. | think it’s a worthy piece of legislation and |
believe it should be passed. | know that Mayor Donchess has requested that we table it this evening. I’m not

going to make that motion right now, but | wanted to be cognizant of Mayor Donchess’ request and at least allow
us discussion before we decide to table if that’s what the aldermen motion.

Alderman Siegel

I’m not making the motion either because | don’t want to shut down discussion, but | absolutely support it, and |
think it is the right thing to do.

MOTION BY ALDERMAN DEANE TO HOLD
ON THE QUESTION

Alderman Deane

That’s debatable.

Alderman Clemons

From what | understand this has passed the Senate. When would it pass the House and then when would it
take effect if it passed, the amendment that would allow us to do this in increments?

Attorney Bolton

| don’t know when the House is going to vote on it. | don’t know anyone who does know. But as it is written
currently if it does pass the House, and if the Governor signs it, it takes effect immediately.

President McCarthy

When does this legislation in its current form, what tax year does it affect first?

Attorney Bolton

If it were to be passed tonight it would affect the tax year beginning April 1, 2017. If itis passed after April 1, it
would affect the tax year beginning April 1, 2018. That’s in the state law. It’s nothing that can be amended at
this level to change it. The other thing worth pointing out is what you are allowed to do if the version that has
currently passed the Senate and will eventually be before the House allows is for a 3-year phase in. It doesn’t
tell you how to do a three-year phase in. It doesn’t necessarily have to be in equal amounts, but it does not
provide for any longer term. Presumably you could do it on a shorter term, but it basically says a three-year
phase in.

Alderman Clemons
Under the way that the state law is written, would this be allowed to be retroactive? If we were to table this and

it passes the legislature, are we able to retroactively say that veterans for this upcoming tax year would be able
to take advantage of the 1/3 say that we were going to give them as a tax advantage?

Attorney Bolton

You could make it retroactive to that effect because the applicable provision says it shall take effect within the
town or city on the date set by the governing body or in the tax year beginning April 1*' following its adoption,

Board of Aldermen — 3/21/17 Page 25

whichever shall occur first. So if you wanted to say it shall first occur for the tax year April 1, 2017, even
though you passed it after that date. Obviously April 1, 2017 occurs before April 1, 2018.

Alderman Clemons

| fully support the full tax credit. There’s no doubt about it. | think this is something that the city can do as a
thank you to our veterans for all of the service that they have given us. I’m on the fence as to whether or not it
makes sense to do it in thirds or whether or not it makes sense to do the whole thing all at once. | would
recommend that if we hold this that we think about having it be retro effective this year so that the veterans this
year can get something out of it.

Alderman Dowd

Obviously as a veteran, myself, | fully support giving the benefit to the other veterans. Also as Chair of Budget,
| recognize there are a whole bunch of variables coming up very soon relative to the budget. | know that we
would probably want to get some idea what’s going on with the budget before we pass something that is going
to incur additional costs. | happened to be in Manchester today in City Hall on personal business. | know this
issue is even a bigger issue for Manchester because they have far more veterans. They are waiting for the
state to take some action to see if they can phase it in because they would have the same issue we would.

Alderman Schoneman

| am one of the co-sponsors as many of us are. | fully support the veterans. | think the service they provide is
very, very valuable. By the way, as a public servants, folks in the military as they are don’t get paid really very
well not like folks around here might in a public service type position. | think anything we can do for them is
good. But! do believe that we have some issues that we need to give careful consideration to, and | would be
in favor of holding it until we get that House Bill pass.

Alderwoman Melizzi-Golja

I’m also a cosponsor of this and fully support it, but | also feel that holding it is the appropriate thing to do at this
point until we see what goes on. | would agree to making it retroactive to April 1 of this year. | also think that while
we are holding it, it would be useful to think about what it means to phase something in and maybe have the city
start looking at a plan. Is it going to be phased in across two years, across three years? Is it 1/3, 1/3, 1/32 How
are we going to determine how it is going to be phased in so | would ask that that be considered so when we get
something from Concord we can quickly address it.

Alderman O’Brien

Holding is not a bad idea, but in my ten years’ experience as being a State Representative, this was a Senate Bill.
It has yet to see the light of day in the New Hampshire House which is its own legal legislative authority. What you
see out of the Senate Bill today maybe morphed into something by the powers adjudicated by the legislature to
change the bill completely. Holding is a good idea. I’d like to see it referred back to the committee because what
we end up with in the future may not be exactly what we have before us right now. We could be looking at
something totally different and I’m just cautionary to that position.

Alderman Deane

| think that is a great idea.

MOTION BY ALDERMAN DEANE TO RE-REFER O-17-035 TO PERSONNEL
MOTION CARRIED

Ordinance O-17-035 referred to PERSONNEL/ADMINISTRATIVE AFFAIRS COMMITTEE.

Board of Aldermen — 3/21/17 Page 26
NEW BUSINESS — RESOLUTIONS

R-17-093
Endorsers: Alderman-at-Large Brian S. McCarthy
Alderman Richard A. Dowd
Alderwoman Mary Ann Melizzi-Golja
Alderman Tom Lopez
Alderman-at-Large Michael B. O’Brien, Sr.
AMENDING THE PURPOSE OF THE EXPENDABLE TRUST FUND FOR FUNDING THE JULIA T.
WARD PRIZE TO A MEMORIAL MURAL PROJECT AT THE AMHERST STREET ELEMENTARY
SCHOOL
Given its first reading;

MOTION BY ALDERMAN DOWD TO ACCEPT THE FIRST READING OF R-17-093, REFER IT TO THE
BUDGET REVIEW COMMITTEE, AND THAT A PUBLIC HEARING BE SCHEDULED FOR MONDAY,
APRIL 24, 2017, AT 7:00 PM IN THE ALDERMANIC CHAMBER

ON THE QUESTION

Alderman Lopez

| just thought about this and realized that as much as | am a fan of murals, | also volunteer with the non-profit
that makes them so can | retract my endorsement because | want to stay clear of that?

President McCarthy

| don’t think there’s any conflict there.

MOTION CARRIED

NEW BUSINESS — ORDINANCES - None

PERIOD FOR GENERAL PUBLIC COMMENT — None

REMARKS BY THE MEMBERS OF THE BOARD OF ALDERMEN

Alderman Lopez

| just want to encourage everybody to come to the Awareness Walk on Saturday at noon at Greeley Park. |
can’t attend because | will be on my trip to Honduras, but | am hoping to find someone to Skype with to watch
the opening remarks and procedures. Solidarity and awareness of what is hitting our community is very, very
valuable. This is the point where people who are struggling with addiction and recovery are getting the sense
that everybody is backing up and supporting us. It’s very important for people in recovery to get the sense that
the community is behind them in this. | encourage everybody to attend so you can encourage our own
community members to succeed.

Alderman O’Brien

Tomorrow | will be attending, unfortunately, the funeral for the firefighter from Watertown who passed away in
the line of duty from a medical incident in the performance of fighting a fire. That is the home department to
my father-in-law and my brother-in-law. The firefighting business does grow deep in my family. It’s always
tragic when you lose somebody. | want to express my condolence to the community and to the citizens of the
Watertown in their loss.

Board of Aldermen — 3/21/17 Page 27

Alderman Siegel

On a lighter note, I’d like to congratulate the City Room Café for being elected one of the top ten places to eat
breakfast in New Hampshire. My secondary office. Hurray for City Room!

Alderman Dowd

As we get into the budget season, | am starting to schedule meetings for budget. We're anticipating the
budget from the Mayor in late April. | would like everyone to start thinking about the budget. On that note,
tomorrow night is the Board of Education’s public hearing on their budget. | would encourage if anyone’s
thinking there’s any place in the school budget that can be adjusted, | know we only have final say on the dollar
amount, you could attend that public hearing tomorrow and ask the Board of Education directly about their
budget.

Alderman Cookson

| Know on this Board and in the Committee meetings we’re faced with several unique situations. There was a
public hearing that took place recently which | found kind of odd as | reviewed the minutes. During public
comment, the members of the public were actually asked questions. | don’t recall that being part of the
process or the procedure that we typically go through. We typically ask for testimony in favor and testimony in
opposition. We let them speak and then we carry on and then we close that portion of the public hearing and
then we go on and have the discussion during the regular committee meeting. | just found it odd. | didn’t know
if we’re sort of relaxing some of the protocol and the procedures that we typically abide by. It was just an
observation, and | just wanted to express that. | Know that typically on any public hearings that | would conduct
| don’t recall conducting them in that fashion. | was just looking for some guidance on that.

| will also follow up by indicating that tomorrow evening at 6:00 p.m.. at the Parish of the Resurrection we will
be having lentil soup if anybody would like to come by for soup. Then St. Chris is having a fish fry on Friday
afternoon beginning at 4:30 p.m. You’re more than welcome to join us at either one of those during this Holy
season. Thank you.

Alderman Deane

| wanted to make some comments about public comment that was made earlier a few hours ago about the
wastewater treatment facility and about the budget process. In the very recent past, the wastewater treatment
facility was inspected. Near perfect. Near perfect. The facility is running now better than it ever has. | find it
very disturbing to hear public comments like that that aren’t true as far as | am concerned. I’ve spent countless
hours down there with the Director, myself, Andy Patrician, maintenance staff, and finance committee
members can attest to the amount of purchasing and projects that are going on down at wastewater. To alarm
the public that the wastewater treatment plant isn’t operating efficiently or operating right or whatever the case
may be couldn’t be further from the truth. We're up-to-date on our work schedule, our wastewater equipment
reserve fund schedule of replacements. The finance committee again can attest to that.

You know when you look at the shared employees of wastewater, that’s been going on for years. That’s
nothing new. It has to go through the Board of Public Works through their budget process. The Mayor chairs
that Board. | haven’t heard a peep about that. Ever. Ever. | find it rather disturbing that there would be
accusations made that they would be sliding people into that area because of this pending legislation. There’s
five commissioners: The Mayor and four commissioners that look at the budget. They see what is being
presented. | guess we can be critical of things, but when you look at the boards and commissions that we
have in this community, | was always under the impression that they would be working with their respective
divisions. The fire commission supports the fire department, the police commission supports the police
department, the cemetery board of trustees, and the board of public works should be supporting the division of
public works and their process and the work that all the men and women in the division of public works do
citywide.

Board of Aldermen — 3/21/17 Page 28

| just wanted to let the Board know that wastewater is doing just fine. There’s nothing wrong down there. To
make accusations that there’s going to be 50, 100, 200 percent increases in wastewater user fees is ridiculous.
Absolutely ridiculous for somebody to come up and say that. I’ve been listening to this for quite some time
now, and it’s just time to set the record straight that that is not the case. It’s unfortunate that people come out
and say things like that but if they are going to come out and say stuff like that, | have documentation
associated with my claims. If somebody wants to come out and make those accusations, they should have
documentation associated with their claims. And, I’d like to see it. Thank you.

Committee announcements:

Alderman Cookson

Infrastructure is cancelled for tomorrow evening.

Alderman Dowd

Construction and Joint Special is this Thursday, and it is going to be at Sunset Heights.

Alderwoman Melizzi-Golja

PEDC, April 4; Strategic Planning, April 6.

Alderman Cookson

Can | ask what’s going on with the Board of Aldermen meeting scheduled for next Tuesday evening?

President McCarthy

As of right now, we have no business for it. If anything comes up between now and Friday, which | sincerely
doubt, we will have it. If it doesn’t, we will announce that it is cancelled.

ADJOURNMENT

MOTION BY ALDERMAN LOPEZ THAT THE MARCH 21, 2017 MEETING OF THE BOARD OF ALDERMEN
BE ADJOURNED

MOTION CARRIED

The meeting was declared adjourned at 9:48 p.m.

Attest: Judith Boileau, Deputy City Clerk

AGENDA MEETING OF THE BOARD OF ALDERMEN MARCH 21, 2017
1. PRESIDENT BRIAN S. McCARTHY CALLS ASSEMBLY TO ORDER

2. PRAYER OFFERED BY CITY CLERK PATRICIA PIECUCH

3. PLEDGE TO THE FLAG LED BY ALDERMAN-AT-LARGE MICHAEL B. O’BRIEN, SR.

4. ROLL CALL

5. REMARKS BY THE MAYOR

6. RESPONSE TO REMARKS OF THE MAYOR

7. RECOGNITIONS

8. READING OF MINUTES OF PREVIOUS MEETINGS AND PUBLIC HEARINGS

Sfor-| cee) av(e(- 180011 occ ce 02/14/2017
Board of Aldermen Mayor’s State-of-the-City............0 ccc cccccceeeeeeeeeeeenttteeeeeeeeeeees 02/21/2017
Board of Aldermen. ..............c0c ccc ti nr ri oi iii titenitetieenneeee 02/28/2017
Public Hearing Conducted by the Budget Review Committee ..............ccceeeceeeeees 02/27/2017

Public Hearing Conducted by the Planning & Economic Development Committee ... 03/07/2017
9. COMMUNICATIONS

From: Thomas J. Leonard, Chairman, Pennichuck Corporation Board of Directors

Re: Special Meeting of the Sole Shareholder — March 24, 2017

° Pennichuck Special Water Cmte Recommends: Election of James M. Murphy

From: Len Fournier, Superintendent, Woodlawn/Pinewood Cemeteries
Re: Request for Joint Convention with the Woodlawn Cemetery Board of Trustees

From: Mayor Jim Donchess
Re: Veterans’ Tax Credit State Legislation and Proposed Resolution O-17-035

From: Mayor Jim Donchess
Re: Notification of Extension of the Contract for Portable Toilet Rental and Service

PERIOD FOR PUBLIC COMMENT RELATIVE TO ITEMS EXPECTED TO BE
ACTED UPON THIS EVENING

10. PETITIONS
11. NOMINATIONS, APPOINTMENTS AND ELECTIONS

12. REPORTS OF COMMITTEE

Budget Review Committee. ............. occ cccccccccccecccenteeeeeeeeeeeeenneeeeeeeeeeeeeesstieeeeeeeeeeeennaaes 02/27/2017
Finance Committee... cece ccc cece ces ee ee eee see aeeeeeee aa vessesaaaevessaaaeeeeseaeeeesaaeness 02/15/2017
Committee on Infrastructure. ....00.0 0c cece cece eee c eee eeees esau eeesesaeaeesee aaa eeses aaa eesevaaaeetenas 03/08/2017
Human Affairs Committee. ...000000 0. cece cee ee ce cee eee eeses eee eees aug eeeeeeeaeveseeaeaeeneeae 03/02/2017
Pennichuck Water Special COMMiIttee........... cece ccecceeeeeeeeeeeeeeteeeeeeeeeeeeeesaeeees 03/01/2017
Personnel/Administrative Affairs Committee.....0000...00000 cece cece ceeeeceeseeeeeeeeenaeeeeees 03/06/2017

Planning & Economic Development Committee. .............0.ccccccccceeeeececeeeeeeeeeeestteeeeees 03/07/2017

13. WRITTEN REPORTS FROM LIAISONS
14. CONFIRMATION OF MAYOR'S APPOINTMENTS
Cultural Connections Committee

Mohammad Mustak Arif (New Appointment) Term to Expire: February 28, 2020
12 East Pearl Street, Apt. 3
Nashua, NH 03060

Environment and Energy Committee

Doria Brown (New Appointment) Term to Expire: February 28, 2020
34 Cellu Drive
Nashua NH 03060

Zoning Board of Adjustment

Steven Lionel (New Appointment) Term to Expire: September 11, 2019
19 Cabot Drive
Nashua, NH 03064

CONFIRMATION OF THE APPOINTMENTS OF THE PRESIDENT OF THE BOARD OF ALDERMEN
Auditorium Commission

John C. Franzini (New Appointment) Term to Expire: December 31, 2017
13 Lutheran Drive
Nashua, NH 03063

Hunt Legacy Trustees

Mary Greene (New Appointment) Term to Expire: December 31, 2018
38 Concord Street
Nashua, NH 03064

UNFINISHED BUSINESS — RESOLUTIONS

R-17-086
Endorser: Alderman-at-Large Daniel T. Moriarty
AUTHORIZING RELEASE OF A CERTAIN SEWER EASEMENT RESERVED ON FORMER HILTON
AVENUE (OFF DANE STREET)

e Committee on Infrastructure Recommends: Final Passage

e Also assigned to the Board of Public Works; Favorable Recommendation Issued 2/23/17

R-17-090
Endorser: Alderman-at-Large Daniel T. Moriarty
AUTHORIZING PENNICHUCK CORPORATION AND PENNICHUCK EAST UTILITY, INC. TO
BORROW FUNDS FROM THE NEW HAMPSHIRE DRINKING WATER STATE REVOLVING
LOAN FUND

e Pennichuck Water Special Committee Recommends: Final Passage

UNFINISHED BUSINESS - ORDINANCES

O-16-020, Amended
Endorser: Mayor Jim Donchess
CLARIFYING AND UPDATING THE ELDERLY HOUSING SUPPLEMENTAL USE REGULATIONS
AND RELATED PROVISIONS

e Planning & Economic Development Committee Recommends: Final Passage as Amended

e Also assigned to NCPB; Favorable Recommendation Issued 2/2/17

O-17-029
Endorser: Alderman-at-Large Brian S. McCarthy
Alderman-at-Large Michael B. O’Brien, Sr.
Alderman-at-Large Daniel T. Moriarty
Alderwoman Mary Ann Melizzi-Golja
REGARDING SIDE AND REAR SETBACKS FOR A LOT WITH MULTIPLE PRINCIPAL
BUILDINGS
e Planning & Economic Development Committee Recommends: Indefinite Postponement
e Also assigned to NCPB; Favorable Recommendation Issued 2/2/17

O-17-031
Endorsers: Mayor Jim Donchess
Alderman Richard A. Dowd
Alderman Ben Clemons
Alderman-at-Large Lori Wilshire
Alderman June M. Caron
Alderwoman Mary Ann Melizzi-Golja
Alderman-at-Large Michael B. O’Brien, Sr.
RELATIVE TO THE WASTEWATER SYSTEM FUND AS A SEWER FUND
e Budget Review Committee Recommends: Final Passage

O-17-034

Endorser: Alderman Ben Clemons

ADDING BADGER STREET TO THE OVERNIGHT ON-STREET PARKING PROGRAM
e Committee on Infrastructure Recommends: Final Passage as Amended

O-17-035
Endorsers: Mayor Jim Donchess
Alderman-at-Large Mark S. Cookson
Alderman David Schoneman
Alderman Sean M. McGuinness
Alderman Don LeBrun
Alderman-at-Large Lori Wilshire
Alderman Richard A. Dowd
Alderman June M. Caron
Alderwoman Mary Ann Melizzi-Golja
Alderman Tom Lopez
Alderman-at-Large Brian S. McCarthy
ADOPTING THE ALL VETERANS’ TAX CREDIT
e Personnel/Administrative Affairs Committee Recommends: Final Passage

NEW BUSINESS — RESOLUTIONS
R-17-093
Endorsers: Alderman-at-Large Brian S. McCarthy

Alderman Richard A. Dowd

Alderwoman Mary Ann Melizzi-Golja
AMENDING THE PURPOSE OF THE EXPENDABLE TRUST FUND FOR FUNDING THE JULIA T.
WARD PRIZE TO A MEMORIAL MURAL PROJECT AT THE AMHERST STREET ELEMENTARY

SCHOOL
NEW BUSINESS — ORDINANCES
PERIOD FOR GENERAL PUBLIC COMMENT
REMARKS BY THE MEMBERS OF THE BOARD OF ALDERMEN
Committee announcements:

ADJOURNMENT