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Board Of Aldermen - Agenda - 12/11/2018 - P3

By dnadmin on Sun, 11/06/2022 - 22:17
Document Date
Sun, 12/09/2018 - 09:58
Meeting Description
Board Of Aldermen
Document Type
Agenda
Meeting Date
Tue, 12/11/2018 - 00:00
Page Number
3
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/boa_a__121120…

Planning Board

Maggie Harper (New Appointment)

(Moving from Alternate to Full Member)

3 Taft Street
Nashua, NH 03060

Tax Increment Financing Advisory Board

Michael Cerato (New Appointment)
4 Water Street, Suite 201
Nashua, NH 03060

Chris Lewis (New Appointment)
670 North Commercial Street
Manchester, NH 03101

Tia Phillips (New Appointment)
2 Clocktower Place
Nashua, NH 03060

Zoning Board of Adjustment

A. John "Jay" Minkarah, Alternate (New Appointment)

13 Mount Pleasant Street
Nashua, NH 03064

Term to Expire:

Term to Expire:

Term to Expire:

Term to Expire:

Term to Expire:

March 31, 2020

September 30, 2019

September 30, 2019

September 30, 2019

September 11, 2020

CONFIRMATION OF APPOINTMENTS BY PRESIDENT OF THE BOARD OF ALDERMEN

Citizens Advisory Commission for Community Grants

Elizabeth G. Houde (New Appointment)

12 Oldfield Road
Nashua, NH 03060

UNFINISHED BUSINESS — RESOLUTIONS

R-18-066

Endorsers: Alderman-at-Large Lori Wilshire

Alderman June M. Caron
Alderman Patricia Klee

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

Alderman Tom Lopez

Alderwoman-at-Large Shoshanna Kelly

Term to Expire:

October 1, 2021

RELATIVE TO ADDRESSING POSSIBLE INEQUITIES IN SICK LEAVE POLICY FOR

CERTAIN UNAFFILIATED EMPLOYEES

e Personnel/Administrative Affairs Committee Recommends: Final Passage with Proposed Amendments

Page Image
Board Of Aldermen - Agenda - 12/11/2018 - P3

Board Of Aldermen - Agenda - 12/11/2018 - P4

By dnadmin on Sun, 11/06/2022 - 22:17
Document Date
Sun, 12/09/2018 - 09:58
Meeting Description
Board Of Aldermen
Document Type
Agenda
Meeting Date
Tue, 12/11/2018 - 00:00
Page Number
4
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/boa_a__121120…

R-18-073
Endorsers: Alderman-at-Large Brian S. McCarthy
Alderwoman-at-Large Shoshanna Kelly
Alderman-at-Large Michael B. O’Brien, Sr.
Alderman Jan Schmidt
Alderman Tom Lopez
Alderman-at-Large Brandon Michael Laws
Alderwoman Mary Ann Melizzi-Golja
PROPOSING AN AMENDMENT TO THE CITY CHARTER RELATIVE TO FILLING
VACANCIES ON ELECTED BOARDS BY MAJORITY VOTE OF THE REMAINING
MEMBERS OF THAT BOARD

e Personnel/Administrative Affairs Committee Recommends: Final Passage with Proposed Amendments

R-18-087
Endorsers: Mayor Jim Donchess
Alderwoman Mary Ann Melizzi-Golja
Alderman-at-Large Lori Wilshire
Alderman Linda Harriott-Gathright
Alderman Richard A. Dowd
Alderman Patricia Klee
Alderman-at-Large Brandon Michael Laws
Alderman June M. Caron
Alderman-at-Large David C. Tencza
Alderman-at-Large Michael B. O’Brien, Sr.
APPROVING THE PRELIMINARY DESIGN AND CONSTRUCTION OF THE GREELEY PARK
BOAT RAMP
e Committee on Infrastructure Recommends: Final Passage

R-18-092
Endorsers: Mayor Jim Donchess

Alderman-at-Large Michael B. O’Brien, Sr.
Alderman Ken Gidge
Alderman Linda Harriott-Gathright
Alderman Richard A. Dowd
Alderman Patricia Klee
Alderman-at-Large Brandon Michael Laws
Alderwoman Mary Ann Melizzi-Golja
Alderman-at-Large David C. Tencza

AMENDING R-18-001 “AUTHORIZING THE MAYOR AND CITY TREASURER TO ISSUE BONDS

NOT TO EXCEED THE AMOUNT OF FIFTEEN MILLION FIVE HUNDRED THOUSAND DOLLARS

($15,500,000) FOR THE PERFORMING ARTS CENTER LOCATED AT 201 MAIN STREET”

e Budget Review Committee Recommends: Final Passage

R-18-094
Endorser: Alderman Richard A. Dowd
APPROVING THE COST ITEMS OF A COLLECTIVE BARGAINING AGREEMENT BETWEEN
THE NASHUA BOARD OF EDUCATION AND THE NASHUA TEACHERS’ UNION, LOCAL 1044,
AFT, AFL-CIO, UNIT C, SECRETARIES FROM JULY 1, 2018 THROUGH JUNE 30, 2022 AND
RELATED TRANSFERS
e Budget Review Committee Recommends: Final Passage

Page Image
Board Of Aldermen - Agenda - 12/11/2018 - P4

Board Of Aldermen - Agenda - 12/11/2018 - P5

By dnadmin on Sun, 11/06/2022 - 22:17
Document Date
Sun, 12/09/2018 - 09:58
Meeting Description
Board Of Aldermen
Document Type
Agenda
Meeting Date
Tue, 12/11/2018 - 00:00
Page Number
5
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/boa_a__121120…

UNFINISHED BUSINESS — ORDINANCES

O-18-019
Endorser: Alderwoman-at-Large Shoshanna Kelly
Alderman Tom Lopez
Alderman-at-Large Brandon Michael Laws
Alderman-at-Large Lori Wilshire
Alderman Jan Schmidt
AMENDING THE LAND USE CODE BY ADDING PROVISIONS REGARDING URBAN
CHICKENS
° Planning & Economic Development Committee Recommends: Final Passage w/ Proposed Amendments

NEW BUSINESS — RESOLUTIONS

R-18-096
Endorser: Alderman-at-Large Lori Wilshire
DECLARING A MUNICIPAL SPECIAL ELECTION TO FILL A VACANCY ON THE BOARD OF
ALDERMEN ON MARCH 5, 2019, ESTABLISHING THE TIME PERIOD FOR FILING NOMINATION
PETITIONS, ESTABLISHING POLLING TIMES AND ISSUING PRECEPTS TO THE SELECTMEN OF
THE CITY WARDS

R-18-097
Endorser: Alderman-at-Large Lori Wilshire
RELATIVE TO THE TRANSFER OF $31,870 FROM GENERAL CONTINGENCY INTO VARIOUS
CITY CLERK DEPARTMENT ACCOUNTS FOR EXPENSES RELATED TO THE MUNICIPAL SPECIAL
ELECTION ON MARCH 5, 2019

R-18-098
Endorser: Mayor Jim Donchess
AUTHORIZING THE SALE OF TAX DEEDED PROPERTY LOCATED AT 38 *% WEST HOLLIS
STREET TO MANCHESTER HOUSING SERVICES, INC. D/B/A NEIGHBORWORKS SOUTHERN
NEW HAMPSHIRE

R-18-099
Endorser: Alderman June M. Caron
AUTHORIZING THE MAYOR TO ENTER INTO A SUCCESSOR “CONCESSION AGREEMENT”
WITH NASHUA COLLEGIATE BASEBALL, INC.
NEW BUSINESS — ORDINANCES
O-18-030
Endorser: Alderman-at-Large Brandon Michael Laws
INCREASING FEES FOR LEASED CITY PARKING SPACES
PERIOD FOR GENERAL PUBLIC COMMENT
REMARKS BY THE MEMBERS OF THE BOARD OF ALDERMEN

Committee announcements:

ADJOURNMENT

Page Image
Board Of Aldermen - Agenda - 12/11/2018 - P5

Board Of Aldermen - Agenda - 12/11/2018 - P6

By dnadmin on Sun, 11/06/2022 - 22:17
Document Date
Sun, 12/09/2018 - 09:58
Meeting Description
Board Of Aldermen
Document Type
Agenda
Meeting Date
Tue, 12/11/2018 - 00:00
Page Number
6
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/boa_a__121120…

PROPOSED AMENDMENTS MADE IN PERSONNEL -— 12/3/2018

AMENDED
R-18-066

RESOLUTION

RELATIVE TO ADDRESSING POSSIBLE INEQUITIES IN SICK
LEAVE POLICY FOR CERTAIN UNAFFILIATED EMPLOYEES

CITY OF NASHUA

In the Year Two Thousand and Eighteen
RESOLVED by the Board of Aldermen of the City of Nashua

WHEREAS a change to the policy related to sick leave accumulation and
severance payment upon retirement was made effective July 1, 2001;

WHEREAS said change to the policy in certain cases may have resulted in
employees being deprived of a benefit that had already been earned;

NOW THEREFORE it is hereby resolved that the Unaffiliated Employees
Personnel Policies Section B. 3. Sick Leave shall be amended by deleting the
redlined language and adding the bold language in paragraphs 4 & 5.

Accrual Maximum & Retirement Payout —- Employees (currently employed as
of passage of this resolution) hired prior to July +995-2001 may accrue up to
a maximum of ninety (90) days of sick leave and receive a payout of one
hundred percent (100%) of their sick leave balance upon retirement from the
City, or can accrue an unlimited amount of sick leave and be eligible to
receive a payout of twenty percent (20%) of their unused sick leave
balance upon retirement. (This choice must be communicated to and
confirmed by Human Resources no later than twenty (20) business days
following passage of this resolution.)

Employees hired on or after July 1, 4995-2001 can accrue an unlimited amount of sick
leave and are eligible to receive a payout of twenty percent (20%) of their unused sick
leave balance upon retirement.

Page Image
Board Of Aldermen - Agenda - 12/11/2018 - P6

Board Of Aldermen - Agenda - 12/11/2018 - P7

By dnadmin on Sun, 11/06/2022 - 22:17
Document Date
Sun, 12/09/2018 - 09:58
Meeting Description
Board Of Aldermen
Document Type
Agenda
Meeting Date
Tue, 12/11/2018 - 00:00
Page Number
7
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/boa_a__121120…

PROPOSED AMENDMENTS MADE IN PERSONNEL -— 12/3/2018
AMENDED
R-18-073

RESOLUTION

PROPOSING AN AMENDMENT TO THE CITY CHARTER RELATIVE TO FILLING
VACANCIES ON ELECTED BOARDS BY MAJORITY VOTE OF THE REMAINING
MEMBERS OF THAT BOARD

CITY OF NASHUA

In the Year Two Thousand and Eighteen

RESOLVED by the Board of Aldermen of the City of Nashua that pursuant to RSA 49-
B:5, the following amendment to the Nashua City Charter is deemed necessary and shall be
submitted to the voters by placing it on the ballot at the next regular municipal election on
November 5, 2019, in the manner required by NH RSA 49-B with the following summary:

Shall the municipality approve the charter amendment summarized below?

This amendment changes the way that vacancies on the Board of Aldermen, Board of Education,
Board of Public Works, and Board of Fire Commissioners are to be filled until the next
municipal election. Currently, if there are more than six (6) months remaining in an unexpired
term that has been vacated, the vacancy is filled by a special election held after forty (40) days
but before one hundred and eighty (180) days following the creation of the vacancy, or, if the
regular election timing is appropriate, the vacancy can be filled by the non-incumbent candidate
who receives the most votes at the regular municipal election for the next term of office which is
then vacant. This charter amendment would instead require vacancies on the Board of
Aldermen, Board of Education, Board of Public Works, and Board of Fire Commissioners to be
filled until the next municipal election by majority vote of the remaining members of that board
within sixty (60) days following the creation of the vacancy.

Amend the City Charter by adding new underlined language as follows:
“§ 44, Vacancy in office of aldermen

Vacancies occurring in the office of alderman [aldermen] from any cause shall be filled

Page Image
Board Of Aldermen - Agenda - 12/11/2018 - P7

Board Of Aldermen - Agenda - 12/11/2018 - P8

By dnadmin on Sun, 11/06/2022 - 22:17
Document Date
Sun, 12/09/2018 - 09:58
Meeting Description
Board Of Aldermen
Document Type
Agenda
Meeting Date
Tue, 12/11/2018 - 00:00
Page Number
8
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/boa_a__121120…

termras-seon-asthe election results-arefinat until the next municipal election by the election
of some qualified person by the recorded votes of at least a majority of all members of the
board of aldermen at the next regular meeting or at a special meeting called for the express
purpose of filling the vacancy within sixty (60) days following the creation of the vacancy.”

[Board of Public Works]
“§ 59. How chosen: tenure of office

The board of public works shall be composed of the mayor and four members to be
chosen by the qualified voters of the city at large, voting in their respective wards. .

Vacancies s shall be tilled es follows: Hethere is atleast si (6) months and one (1) day

; 2 2 until the
next municipal election by the election of some qualified person by the recorded votes of at
least a majority of all members of the board of public works at the next regular meeting or at
a special meeting called for the express purpose of filling the vacancy within sixty (60) days
following the creation of the vacancy.”

Page Image
Board Of Aldermen - Agenda - 12/11/2018 - P8

Board Of Aldermen - Agenda - 12/11/2018 - P9

By dnadmin on Sun, 11/06/2022 - 22:17
Document Date
Sun, 12/09/2018 - 09:58
Meeting Description
Board Of Aldermen
Document Type
Agenda
Meeting Date
Tue, 12/11/2018 - 00:00
Page Number
9
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/boa_a__121120…

“§ 73. Fire commissioners, how chosen

..At each subsequent general municipal election three or two members of the fire
commission shall alternatively be elected for a full four-year term, in order to maintain a

board of five members.. . Vacancies shall be tilled fs Follows there is at least sex (©)

the clection-resulis-are final until the next municipal ‘lection ‘by the ‘lection of some
qualified person by the recorded votes of at least a majority of all members of the board of

fire commissioners at the next regular meeting or at a special meeting called for the express
purpose of filling the vacancy within sixty (60) days following the creation of the vacancy.”

“§ 75. Board of education: How chosen

..[F]our or five candidates shall be elected to the board at each general municipal
election in order to maintain a board of nine members. Vacancies shall be filled as-felttews-

Page Image
Board Of Aldermen - Agenda - 12/11/2018 - P9

Board Of Aldermen - Agenda - 12/11/2018 - P10

By dnadmin on Sun, 11/06/2022 - 22:17
Document Date
Sun, 12/09/2018 - 09:58
Meeting Description
Board Of Aldermen
Document Type
Agenda
Meeting Date
Tue, 12/11/2018 - 00:00
Page Number
10
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/boa_a__121120…

i until the next municipal election by the election
of some qualified person by the recorded votes of at least a majority of all members of the
board of education at the next regular meeting or at a special meeting called for the express
purpose of filling the vacancy within sixty (60) days following the creation of the vacancy.”

term-as-seen-asthe election results are final

If approved by the voters at the November 5, 2019 regular municipal election, this charter
amendment will be effective on January 1, 2020.

Page Image
Board Of Aldermen - Agenda - 12/11/2018 - P10

Board Of Aldermen - Agenda - 12/11/2018 - P11

By dnadmin on Sun, 11/06/2022 - 22:17
Document Date
Sun, 12/09/2018 - 09:58
Meeting Description
Board Of Aldermen
Document Type
Agenda
Meeting Date
Tue, 12/11/2018 - 00:00
Page Number
11
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/boa_a__121120…

PROPOSED AMENDMENTS FROM PEDC - 12/4/2018 AMENDED
O-18-019

ORDINANCE

AMENDING THE LAND USE CODE BY ADDING PROVISIONS REGARDING
URBAN CHICKENS

CITY OF NASHUA

In the Year Two Thousand and Eighteen

The City of Nashua ordains that Part II “General Legislation”, Chapter 190 “Land Use”,
of the Nashua Revised Ordinances, as amended, be hereby further amended as follows:

1. In Article III “Base Districts”, Section 190-15 “Permitted Uses”, Table 15-1 “Use
Matrix”, add new entry “287a.”, add the new underlined language, and delete the struck-through
language as follows:

Key: “P” mean permitted as of right. “C” means permitted as a conditional use. “S” means permitted as a special

exception. “A” means permitted only as an accessory use. “-“ means prohibited. Refer to Article XLII or the source
referred to under “Land Use Code” for specific definitions of uses.
Land Use Zoning District
Code
Use
3| 3] »
5/5/24
2/2i/zE/3/ es} 3s} 8 v Z 2/3
BS 2) 2/E/8/ 818i ¢]8 Els} ele
9 S\/*¥|S4)/2Z/Sl/BlEl| ola Z\/2| 2] 3
g) § 2 se s/ 2/3/38) 3/2/28) 2) 1/812] 2]
5 | ¢€ ~|/S)/2/8)/e el} e | S/F) ee) el el ele]
8 9 _ a a 2 c c a = ° S xs | =
ze] 6 2#/e/e/f]8| 8] & Ble; es] 2/8] 2] &
= - = — — = 2 2 = CB) = —_ o 5
BA S/S / s/f; 2/2/28) 5) 68) £) EE] Sl] x =
Al wel nly = S o| © | = ra =
nNI|n | © A/RP IPP] s|/o;a | ale] es] s &
SiS /2l/Fs) a] <j ma] a | <
esi | 2] me) me) oe] el me] me oe OP Al ea] BP a] et]
287. Livestock,
noncommercial
raising and
keeping of
livestock,
horses and p|pP ey] - 7 7 7 7 7 7 7 c| - 7 7
poultry, the =
raising of
swine and fur
animals for
commercial
use

Page Image
Board Of Aldermen - Agenda - 12/11/2018 - P11

Board Of Aldermen - Agenda - 12/11/2018 - P12

By dnadmin on Sun, 11/06/2022 - 22:17
Document Date
Sun, 12/09/2018 - 09:58
Meeting Description
Board Of Aldermen
Document Type
Agenda
Meeting Date
Tue, 12/11/2018 - 00:00
Page Number
12
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/boa_a__121120…

ORDINANCE O-18-019

287a.
Chickens, as

an accessory - >
use

289. Stable,
commercial,
riding
academy, or
kennel in
which all
animals, few
poultry or
other forms of
life are
completely
enclosed in
pens or other
structures

2. In Part Il “General Legislation”, Chapter 190 “Land Use”, Article VI “Supplemental
Use Regulations”, add the following new section:

“§190-31.1. Keeping of Chickens.

A. Purpose. It is the intent of this section to allow for the keeping of domestic female
chickens on a lot for the sole use and enjoyment of the residents of the lot on which such
chickens are kept, while at the same time preserving the quality of life of the surrounding
neighborhood by not allowing chickens to be kept in a number or in a manner that could
create a nuisance.

B. Applicability. This section applies to chickens as defined in §190-264. This section does
not apply to R-40 and R-30 zoning districts.

C. Standards.

(1) Chickens shall be kept in accordance with all applicable City Ordinances and
regulations, and state laws, including but not limited to RSA 644:8, Cruelty to

Animals.

(2) Up to six (6) chickens may be kept on a lot. Only female chickens are
allowed to be kept. Adult male or crowing male chickens (roosters) are
prohibited.

(3) The keeping of chickens shall be accessory to and on the premises of a single-
family or two-family detached dwelling and
shall be for personal use only.

(4) Noperson shall sell eggs or engage in chicken breeding or any commercial
activity related to the keeping of chickens.

(5) Chickens shall not be permitted to roam free. Chickens shall be secured in a coop
during non-daylight hours.

Page Image
Board Of Aldermen - Agenda - 12/11/2018 - P12

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