Search

AGENDA MEETING OF THE BOARD OF ALDERMEN NOVEMBER 27, 2018

1.

9(a).

9(b).

10.
11.

12.

13.

PRESIDENT LORI WILSHIRE CALLS ASSEMBLY TO ORDER
PRAYER OFFERED BY CITY CLERK PATRICIA PIECUCH
PLEDGE TO THE FLAG LED BY ALDERMAN-AT-LARGE DAVID C. TENCZA
ROLL CALL
REMARKS BY THE MAYOR
RESPONSE TO REMARKS OF THE MAYOR
RECOGNITIONS
R-18-093
Endorsers: Mayor Jim Donchess
Board of Aldermen
RECOGNIZING ALEXIS DURANT FOR HER DEDICATION AND VOLUNTEER WORK WITH
THE HOMELESS
READING OF MINUTES OF PREVIOUS MEETING AND PUBLIC HEARINGS
Board of AIGErmen 0.00... cee ce cce cee ee este vaeeeeteetatetettstasereetssssereseeee 21/13/2018

COMMUNICATIONS REQUIRING ONLY PROCEDURAL ACTIONS AND WRITTEN REPORTS
FROM LIAISONS

From: Dorothy Clarke, Deputy Corporation Counsel
Re: Proposed Amendment to R-18-073 (Legislation proposing a City Charter Amendment
Regarding the Filing of Elected Vacancies)

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

COMMUNICATIONS REQUIRING FINAL APPROVAL

From: Lori Wilshire, President, Board of Aldermen
Re: Committee Assignments

From: Jim Donchess, Mayor
Re: Contract for Board of Public Works Pension Administration

From: Jim Donchess, Mayor
Re: Purchase Replacement for 2018 Ford Explorer Police Cruiser

PETITIONS
NOMINATIONS, APPOINTMENTS AND ELECTIONS

REPORTS OF COMMITTEE

Finance Committee....... 00... cee te cee eects see ttteeetttstesttseeeseeess 11/15/2018
Special Personnel/Administrative Affairs Committee............................. 11/19/2018

CONFIRMATION OF MAYOR'S APPOINTMENTS

UNFINISHED BUSINESS — RESOLUTIONS

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 Tabled pending Scheduling of Public Hearing — 10/09/2018

UNFINISHED BUSINESS — ORDINANCES

O-18-029

Endorsers: Alderman-at-Large Michael B. O’Brien, Sr.
Alderman-at-Large Lori Wilshire
Alderman Patricia Klee
Alderman Richard A. Dowd
Alderman Ken Gidge
Alderman Linda Harriott-Gathright
Alderman-at-Large Brandon Michael Laws
Alderman Tom Lopez
Alderman June M. Caron
Alderwoman-at-Large Shoshanna Kelly
Alderwoman Mary Ann Melizzi-Golja
Alderman-at-Large David C. Tencza
Alderman Jan Schmidt

INCREASING THE EXEMPTION AMOUNT FOR THE BLIND, ELDERLY, AND DISABLED TAX

EXEMPTIONS BY 25% TOTAL OVER THE NEXT TWO YEARS

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

NEW BUSINESS — RESOLUTIONS

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

NEW BUSINESS — ORDINANCES

PERIOD FOR GENERAL PUBLIC COMMENT

REMARKS BY THE MEMBERS OF THE BOARD OF ALDERMEN

Committee announcements:

ADJOURNMENT

PROPOSED AMENDMENTS FROM PERSONNEL MTG OF 11/19/2018
O-18-029

ORDINANCE

INCREASING THE EXEMPTION AMOUNT FOR THE BLIND, ELDERLY, AND
DISABLED TAX EXEMPTIONS BY APPROXIMATELY 25% TOTAL OVER THE
NEXT TWO YEARS

CITY OF NASHUA

In the Year Two Thousand and Eighteen

The City of Nashua ordains that Part II “General Legislation”, Chapter 295 “Taxation”
be amended by deleting the struck-through language and adding the new underlined language as
shown:

1. In Article I “Exemption for the Blind”, Section 295-1 “Tax exemption granted”:
Ҥ 295-1. Tax exemption granted.

The provisions of RSA 72:37 are adopted and every inhabitant of the City who is legally
blind, as determined by the Blind Services Department of the Vocational Rehabilitation
Division of the Education Department of the state, shall be exempt each year from
taxation upon his or her residential real estate to the value of $45,000 $85,000 in the tax
year beginning April 1, 2018, and $94,000 in the tax year beginning April 1, 2019.”

2. In Article II “Exemption for Elderly Persons”, Section 295-3 “Elderly exemption
granted”:

Ҥ 295-3. Elderly exemption granted.

A-——The City of Nashua hereby adopts the provisions of New Hampshire Revised
Statutes Annotated 72:39-a and 72:39-b, as they may be amended from time to
time, relative to elderly tax exemptions. The optional exemption, based on
assessed value, for qualified taxpayers, shall be as follows:

(1) Fora person 65 years of age up to 74 years of age: $455,990 $175,000 in
the tax year beginning April 1, 2018, and $192,000 in the tax year

beginning April 1, 2019;

(2) Fora person 75 years of age up to 79 years of age: $489-000 $203,000 in

=-—— ese se

the tax year beginning April 1, 2018, and $224,000 in the tax year
beginning April 1, 2019; and

(3) Fora person 80 years of age or older: $225,000 $254.000 in the tax year
beginning April 1, 2018, and $280,000 in the tax year beginning April: 1,
2019.”

In Article IV “Tax Credit for Disabled”, Section 295-8 “Tax exemption for the disabled”:
Ҥ 295-8. Tax exemption for the disabled.

A taxpayer who provides proof of eligibility under Title II or Title XVI of the Federal
Social Security Act for benefits to the disabled is entitled to a tax exemption. The
exemption, based on assessed value, for qualified taxpayers shall be $455,000 $175,000
for the tax year beginning April 1, 2018, and $194,000 for the tax year beginning April 1,
2019. The deadline for filing for the exemption shall be the April 15 prior to the setting
of the tax rate.”

OFFICE OF CORPORATION COUNSEL
CITY OF NASHUA

MEMORANDUM

TO: Board of Aldermen

CC: Mayor Jim Donchess
City Clerk Patricia Piecuch

FROM: Dorothy Clarke, Deputy Corporation Counsel VA

DATE: November 14, 2018

RE: Proposed amendment to R-18-073 (legislation proposing a city charter amendment
regarding the filling of elected vacancies)

Attached please find a proposed amended version of R-18-073 (“Proposing an
amendment to the city charter relative to filling vacancies on elected boards by majority vote of
the remaining members of that board”).

This amendment is required because we discovered that the text of the city charter quoted
in the original legislation is missing some language in each of the four sections proposed to be
changed. In 2011, a charter amendment passed allowing vacancies with over six months
remaining in the unexpired term to not always have to be filled by a special election, but, if the
timing was appropriate, could 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, The city

charter has not been modified to show this additional language in the four affected charter
sections, which resulted in outdated text being used in R-18-073,

This proposed amendment adds in the additional charter language regarding the
possibility of filling a vacancy using the regular municipal election, and then proposes the
deletion of that language, as it would not be needed for the pending proposal to fill vacancies by
a majority vote.

We apologize for any confusion this may cause. Please let us know if you have any

additional questions or concerns,

NOVEMBER 14, 2018 PROPOSED AMENDMENTS TO 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:
“8 44, Vacancy in office of aldermen

Vacancies occurring in the office of alderman [aldermen]

olla here a i month. ond ane Oy
VV Oy ul CI

from any cause shall be filled

NOVEMBER 14, 2018 PROPOSED AMENDMENTS TO R-18-073

term-as soon-as-the election results-are- final until the next ‘t 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 ata 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]
Ҥ 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 shall be filled as follows: Hthere scat least si {6} month-end one t#}-day

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.”

NOVEMBER 14, 2018 PROPOSED AMENDMENTS TO R-18-073

Ҥ 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 filled ee ee TO

the election results are final until the next i 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

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.”

Ҥ 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-feHews:

NOVEMBER 14, 2018 PROPOSED AMENDMENTS TO R-18-073

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 ata special meeting called for the express
purpose of filling the vacancy within sixty (60) days following the creation of the vacancy.”

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