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Board Of Aldermen - Agenda - 10/9/2018 - P2

By dnadmin on Sun, 11/06/2022 - 22:18
Document Date
Sun, 10/07/2018 - 10:34
Meeting Description
Board Of Aldermen
Document Type
Agenda
Meeting Date
Tue, 10/09/2018 - 00:00
Page Number
2
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/boa_a__100920…

Tax Increment Financing Advisory Board

Eric Drouart (New Appointment) Term to Expire: September 30, 2019
52 Main Street, Unit 206
Nashua, NH 03064

Arthur Spilios (New Appointment) Term to Expire: September 30, 2019
15 Technology Way
Nashua, NH 03062

Ex Officio Members

Tim Cummings, Director (New Appointment) Term to Expire: September 30, 2019
Economic Development Division

City of Nashua

229 Main Street

Nashua, NH 03061-2019

David G. Fredette, Treasurer/Tax Collector (New Appointment) Term to Expire: September 30, 2019
City of Nashua

229 Main Street

Nashua, NH 03061-2019

Sarah Marchant, Director (New Appointment) Term to Expire: September 30, 2019
Community Development Division

City of Nashua

229 Main Street

Nashua, NH 03061-2019

APPOINTMENTS BY THE PRESIDENT OF THE BOARD OF ALDERMEN
Auditorium Commission

John C. Franzini (Reappointment) Term to Expire: December 31, 2020
13 Lutheran Drive
Nashua, NH 03063

John J. McAllister (Reappointment) Term to Expire: December 31, 2020
257 Wheeler Road
Hollis, NH 03049

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

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 - 10/9/2018 - P2

Board Of Aldermen - Agenda - 10/9/2018 - P3

By dnadmin on Sun, 11/06/2022 - 22:18
Document Date
Sun, 10/07/2018 - 10:34
Meeting Description
Board Of Aldermen
Document Type
Agenda
Meeting Date
Tue, 10/09/2018 - 00:00
Page Number
3
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/boa_a__100920…

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: R-18-073 is Necessary

R-18-074
Endorser:

Mayor Jim Donchess

AUTHORIZING THE CITY TO ENTER INTO A SHORT-TERM REAL PROPERTY LEASE
AGREEMENT FOR 44 BROAD STREET
e Committee on Infrastructure Recommends: Final Passage

ANTICIPATED RECOMMENDATION FROM HUMAN AFFAIRS COMMITTEE MTG OF 10/08/2018

R-18-083
Endorsers:

Mayor Jim Donchess

Alderman-at-Large Lori Wilshire
Alderman Ken Gidge

Alderman Linda Harriott-Gathright
Alderman Richard A. Dowd

Alderman Patricia Klee
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
Alderman-at-Large Michael B. O’Brien, Sr.
Alderman-at-Large Brian S. McCarthy

RELATIVE TO THE ACCEPTANCE AND APPROPRIATION OF $1,105,000 FROM THE UNITED
STATES DEPARTMENT OF TRANSPORTATION, FEDERAL TRANSIT ADMINISTRATION AND
$97,500 FROM THE STATE OF NEW HAMPSHIRE, DEPARTMENT OF TRANSPORTATION INTO
TRANSIT GRANT ACTIVITY “TRANSIT CAPITAL OUTLAY” FOR THE PURCHASE OF TWO
ELECTRIC HYBRID BUSES

UNFINISHED BUSINESS — ORDINANCES

O-18-022

Endorsers: Mayor Jim Donchess

Alderman Ken Gidge

Alderman Linda Harriott-Gathright
Alderman Richard A. Dowd

Alderman Tom Lopez

Alderman June M. Caron
Alderwoman-at-Large Shoshanna Kelly
Alderwoman Mary Ann Melizzi-Golja
Alderman-at-Large David C. Tencza
Alderman-at-Large Michael B. O’Brien, Sr.

AUTHORIZING FREE HOLIDAY PARKING AT METERS IN ZONE III WHICH INCLUDES
THE ELM STREET AND HIGH STREET PARKING GARAGES FROM DECEMBER 10, 2018
THROUGH JANUARY 4, 2019

e Committee on Infrastructure Recommends: Final Passage

Page Image
Board Of Aldermen - Agenda - 10/9/2018 - P3

Board Of Aldermen - Agenda - 10/9/2018 - P4

By dnadmin on Sun, 11/06/2022 - 22:18
Document Date
Sun, 10/07/2018 - 10:34
Meeting Description
Board Of Aldermen
Document Type
Agenda
Meeting Date
Tue, 10/09/2018 - 00:00
Page Number
4
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/boa_a__100920…

O-18-023
Endorsers: Mayor Jim Donchess
Alderman Ken Gidge
CHANGING THE MANAGING DEPARTMENT IN ORDINANCES REGARDING PARKING
° Personnel/Administrative Affairs Committee Recommends: Final Passage

O-18-024
Endorsers: Alderman Tom Lopez
Alderman Ken Gidge
Alderman-at-Large Michael B. O’Brien, Sr.
Alderman-at-Large Brandon Michael Laws
MOVING THE LOCATION OF A YIELD SIGN AT THE INTERSECTION OF WALNUT
STREET AND CENTRAL STREET
° Committee on Infrastructure Recommends: Final Passage

O-18-028
Endorser: Alderman-at-Large Michael B. O’Brien, Sr.
ALLOWING PERMITTED OVERNIGHT ON-STREET PARKING INDEFINITELY ON THOSE
STREETS WHERE IT IS TEMPORARILY PERMITTED

° Committee on Infrastructure Recommends: Final Passage

NEW BUSINESS — RESOLUTIONS

R-18-084
Endorser: Alderman Richard A. Dowd
APPROVING THE COST ITEMS OF A COLLECTIVE BARGAINING AGREEMENT BETWEEN
THE NASHUA BOARD OF EDUCATION AND THE NASHUA ASSOCIATION OF SCHOOL
ADMINISTRATORS AND SUPERVISORS, AMERICAN FEDERATION OF SCHOOL
ADMINISTRATORS, AFL-CIO FROM JULY 1, 2017 THROUGH JUNE 30, 2019 AND RELATED
TRANSFERS

R-18-085
Endorser: Mayor Jim Donchess
AUTHORIZING THE MAYOR AND CITY TREASURER TO ISSUE BONDS NOT TO EXCEED THE
AMOUNT OF SIX HUNDRED AND FIFTY THOUSAND DOLLARS ($650,000) FOR THE PURCHASE
OF TWO AUTOMATED REFUSE TRUCKS

R-18-086
Endorser: Mayor Jim Donchess
RELATIVE TO THE ACCEPTANCE AND APPROPRIATION OF AN ADDITIONAL $54,709.64 FROM
THE STATE OF NEW HAMPSHIRE, DEPARTMENT OF TRANSPORTATION (TRANSPORTATION
ALTERNATIVE PROGRAM FUNDS) INTO COMMUNITY DEVELOPMENT GRANT ACTIVITY “PATH
AND PEDESTRIAN BRIDGE”

NEW BUSINESS — ORDINANCES

PERIOD FOR GENERAL PUBLIC COMMENT

REMARKS BY THE MEMBERS OF THE BOARD OF ALDERMEN

Committee announcements:

ADJOURNMENT

Page Image
Board Of Aldermen - Agenda - 10/9/2018 - P4

Board Of Aldermen - Agenda - 10/9/2018 - P5

By dnadmin on Sun, 11/06/2022 - 22:18
Document Date
Sun, 10/07/2018 - 10:34
Meeting Description
Board Of Aldermen
Document Type
Agenda
Meeting Date
Tue, 10/09/2018 - 00:00
Page Number
5
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/boa_a__100920…

PROPOSED AMENDMENTS MADE IN PERSONNEL -— 10/1/2018

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 Citv 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 +993-2001 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, 4993-2001 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 - 10/9/2018 - P5

Board Of Aldermen - Agenda - 10/9/2018 - P6

By dnadmin on Sun, 11/06/2022 - 22:18
Document Date
Sun, 10/07/2018 - 10:34
Meeting Description
Board Of Aldermen
Document Type
Agenda
Meeting Date
Tue, 10/09/2018 - 00:00
Page Number
6
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/boa_a__100920…

W2B

Winer & Bennett, LLP

Peter W. Bennett* Kent M. Barker

David K. Pinsonneault Brian C. Kelly*
J. Bradford Westgate* ATTORNEYS AT LAW Brenner G. Webb
Peter G. Webb www.winerbennett.com Barbara W. Halevi*

John M. Edwards*

S. Robert Winer (retired)
All Admitted in NH John V. Dwyer, Jr. (1946-2013)
*Admitted in NH and MA

September 24, 2018
HAND DELIVERED

Brian S. McCarthy, President
Board of Aldermen

City of Nashua

229 Main Street

Nashua, New Hampshire 03060

Re: The Springs, A 62+ Condominium Community (699 and 701 West Hollis Street)
Petition for Waiver of School Impact Fees

Dear Mr..McCarthy:

I represent Springs One, LLC, the developer of The Springs, A 62+ Condominium
Community. The Springs, A 62+ Condominium Community is a housing for older persons (62
and older) condominium approved as such under the Nashua Land Use Code. It is currently in the
process of development. The Condominium will consist of 31 units in two-unit, three-unit, and
four-unit buildings.

Since The Springs, A 62+ Condominium Community is a housing for older persons
community, and all of the residents are required to be 62 years of age or older, Springs One, LLC
is petitioning the Board of Aldermen to waive the public school impact fees.

Accordingly, kindly find enclosed the petition to the Board of Aldermen on behalf of
Springs One, LLC for a full waiver of the public school impact fees.

This petition is filed pursuant to Section 190-85 of the Nashua Land Use Code. We
understand that the Nashua City Planning Board and the appropriate Administrative Officer (of
the Community Development Division) will evaluate the petition and forward written findings and
recommendations to the Mayor and Board of Aldermen for consideration.

We look forward to the Board of Aldermen processing this petition and are happy to appear
at any meetings of the appropriate Aldermanic Committees or the full Board of Aldermen when
the petition is being considered.

Page Image
Board Of Aldermen - Agenda - 10/9/2018 - P6

Board Of Aldermen - Agenda - 10/9/2018 - P7

By dnadmin on Sun, 11/06/2022 - 22:18
Document Date
Sun, 10/07/2018 - 10:34
Meeting Description
Board Of Aldermen
Document Type
Agenda
Meeting Date
Tue, 10/09/2018 - 00:00
Page Number
7
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/boa_a__100920…

September 24, 2018
Page 2

Thank you for your consideration.

Very truly/yours,
/

J. Bradford Westgate
jbwestgate@winerbennett.com

JBW/BWH
Enclosure
cc: Springs One, LLC (w/enc.) (via e-mail only)
Richard A. Dowd (w/enc.) (via e-mail only)
Patricia Piecuch, Nashua City Clerk (w/enc.) (hand delivered)
Roger L. Houston, Planning Department Director (w/enc.) (hand delivered)

Page Image
Board Of Aldermen - Agenda - 10/9/2018 - P7

Board Of Aldermen - Agenda - 10/9/2018 - P8

By dnadmin on Sun, 11/06/2022 - 22:18
Document Date
Sun, 10/07/2018 - 10:34
Meeting Description
Board Of Aldermen
Document Type
Agenda
Meeting Date
Tue, 10/09/2018 - 00:00
Page Number
8
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/boa_a__100920…

CITY OF NASHUA
BOARD OF ALDERMEN

PETITION BY SPRINGS ONE, LLC FOR FULL WAIVER OF IMPACT FEES (FOR
PUBLIC FACILITIES FOR EDUCATION) AS AUTHORIZED UNDER SECTION 190-

85 OF THE LAND USE CODE

September 24, 2018

NOW COMES Springs One, LLC, a New Hampshire limited liability company, with an
address of 22 Brady Drive, Hudson, New Hampshire 03051 (the “Petitioner’’), by and through its
attorneys, Winer and Bennett, LLP, of 111 Concord Street, Nashua, New Hampshire 03064, and
pursuant to Section 190-85 of the Land Use Code, hereby petitions the Board of Aldermen to
waive in full the impact fees (for public facilities for education) imposed by Article VIII of the
Land Use Code. In support of this Petition, Springs One, LLC (the Petitioner) states as follows:

1.

The Petitioner is a limited liability company, organized under the laws of the State
of New Hampshire, with an address of 22 Brady Drive, Hudson, New Hampshire
03051.

The Petitioner is the owner of certain real estate situated at 699 and 701 West
Hollis Street, Nashua, New Hampshire 03062, shown as Sheet F, Lot 59 on the
City of Nashua Assessor’s Maps (the “Premises”).

The Petitioner is currently constructing at the Premises a housing for older
persons community to be known as The Springs, A 62+ Condominium
Community, approvals for which have been granted by the Planning Board of the
City of Nashua and one or more state agencies (the “Community”).

The Community will consist of thirty-one (31) dwelling units (each containing
999 square feet of habitable space), in duplex, triplex or quadruplex buildings,
and a community building.

The Community will be governed by state and federal laws and regulations
pertaining to so-called housing for older persons (age 62 and older), including, but
not limited to, RSA 354-A:15, II and Section 190-42 of the Land Use Code.

To qualify as housing for older persons 62 years of age or older under RSA 354-
A:15, I, such housing must be intended for, and solely occupied by, persons 62
years of age or older. Accordingly, school age children are prohibited from
residing in the Community.

Page Image
Board Of Aldermen - Agenda - 10/9/2018 - P8

Board Of Aldermen - Agenda - 10/9/2018 - P9

By dnadmin on Sun, 11/06/2022 - 22:18
Document Date
Sun, 10/07/2018 - 10:34
Meeting Description
Board Of Aldermen
Document Type
Agenda
Meeting Date
Tue, 10/09/2018 - 00:00
Page Number
9
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/boa_a__100920…

as The current rate of the impact fee for a 999 square foot residential unit in a duplex
or multifamily dwelling is $531.50 per unit.

8. As a result, without an abatement, educational facilities impact fees totaling
$16,476.50 would be imposed on the thirty-one (31) units in The Springs, A 62+
Condominium Community. To date, none of the units at The Springs, A 62+
Condominium Community have been completed and no impact fees have yet
been assessed.

9. Section 190-85 of the Land Use Code provides, in pertinent part, that the impact
fees may be waived if the “new development consists of....elderly housing which
can be reasonably expected not to require additional educational facilities.”

10. In light of the foregoing, in accordance with Section 190-85 of the Land Use
Code and based on the provisions of RSA 354-A:15, II, which prohibit any
persons younger than 62 years of age from residing at The Springs, A 62+
Condominium Community, it can be reasonably expected (in fact, it is certain)
that the thirty-one (31) units of housing for older persons at The Springs, A 62+
Condominium Community will not require additional public educational
facilities.

WHEREFORE, the Petitioner respectfully requests that pursuant to Section 190-85 of the
Land Use Code, the Board of Aldermen waive in full the impact fees imposable against the
Premises.

Respectfully Submitted,
Springs One, LLC

By its attorneys,

Winer and Bennett, LLP

radford Westgate, Esquire

.O. Box 488

Nashua, New Hampshire 03061-0488
(603) 882-5157

Page Image
Board Of Aldermen - Agenda - 10/9/2018 - P9

Board Of Aldermen - Agenda - 10/9/2018 - P10

By dnadmin on Sun, 11/06/2022 - 22:18
Document Date
Sun, 10/07/2018 - 10:34
Meeting Description
Board Of Aldermen
Document Type
Agenda
Meeting Date
Tue, 10/09/2018 - 00:00
Page Number
10
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/boa_a__100920…

PETITION
FOR
STREET DISCONTINUANCE

TO THE HONORABLE BOARD OF ALDERMAN OF THE CITY OF NASHUA:

Pursuant to the Nashua Revised Ordinances, Chapter 285, Section 24, the undersigned
requests that the following described portion of:
Conant Road; the areas identified as AREA ‘A’ and AREA ‘B’ on the attached PROPOSED
REVERSION PLAN prepared by JEFFREY LAND SURVEY, LLC

be discontinued from public dedication or use:

. The petitioners Edward &. Melissa Gilbertson, of 121 Conant Road, owners of record of
Parcel C-1032 AND Michael Fournier, of 119 Conant Road, owner of record of Parcel C-2800,
jointly petition for the AREA ‘A’.and AREA ‘B’ be discontinued from public dedication or use.

AREA ‘A’ and AREA ‘B’ constitute in excess of 60% of the total square footage encompassed by |
areas ‘A’, ‘B’, ‘C’, and ‘D’ on the attached plan. AREA ‘A’ and AREA ‘B’ border Katie Lane.

in compliance with direction from the Nashua City Engineer, Stephen Dookran, P.E., and
Nashua City Surveyor, Mark Jennings, all four adjacent properties have been surveyed and
included on the attached PROPOSED REVERSION PLAN prepared by JEFFREY LAND
SURVEY, LLC. All comments and feedback received from multiple reviews of this survey plan by
the City Engineer's Office have been incorporated by Mr. Gregg Jeffrey into the attached — .
PROPOSED REVERSION PLAN.

The petitioners understand that the City Engineer would prefer all four landowners to jointly
submit the petition; however, with Alderman Jette checking with Attorney Celia Leonard, and with
her reply that one or all of the four owners can petition “that the City discontinue a street or a
portion of ROW’, the joint petitioners would like to petition for a partial discontinuance of Areas ‘A
and ‘B’.

in compliance with the request of the City Engineer’s Office, all four landowners who could
potentially benefit from the proposed reversion plan of Areas A,.B, C, and D have been personally
contacted by Edward and Melissa Gilbertson multiple times to invite their participation in the
discontinuance. Michael Fournier, of 119 Conant Road, has agreed to join the petition after the
first contact and has also invested significant funds into his property survey. Brian and Lynne
Mullally, of 68 McKenna Drive, have responded that they would very much like to join the petition
to have the land identified as Area ‘D’ added to their property, but the costs would present a
financial hardship for them at this time. Daniel Toupin and Patricia Falbo-Toupin, of 123 Conant
Road, have no interest in joining the discontinuance. When first contacted, they stated that they
did not want to pay the expense for the surveyor, nor to pay any additional taxes. On our third -
contact with them, we informed them that we had paid for their survey and that Alderman Jette —
had found the amount of their potential tax increase to be only $81 annually. Dan Toupin stated
that they still did not want to participate because they did not agree with the surveyed markers
that had been coordinated with and already reviewed by the City Surveyor, Mark Jennings.

The petitioners thank you for your consideration of this petition.

Page Image
Board Of Aldermen - Agenda - 10/9/2018 - P10

Board Of Aldermen - Agenda - 10/9/2018 - P11

By dnadmin on Sun, 11/06/2022 - 22:18
Document Date
Sun, 10/07/2018 - 10:34
Meeting Description
Board Of Aldermen
Document Type
Agenda
Meeting Date
Tue, 10/09/2018 - 00:00
Page Number
11
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/boa_a__100920…

PETITION/STREET DISCONTINUANCE:

The street discontinuance is being petitioned by:

(603) 888-5711 Edward and Melissa Gilbertson
(603) 321-2096 Michael Fournier
Telephone Number Petitioner

121 Conant Road (Gilbertson)

5 June 2018 119 Conant Road (Fournier)
Date Address

The petitioner has submitted three copies of the petition and plan (along with three copies of the 24”
x 36” recordable mylar surveyor prints) of the proposed street discontinuance showing the abutting
owners, the location of the new proposed property lines, any existing utilities and the new bounds to
be set.

Plan and petition received \— 06/08/2018
CITY CLERK DATE
The foregoing petition ( ) is ( ) is not The foregoing petition ( ) is ( ) is not
Recommended for approval: recommended for approval:
CITY ENGINEER DATE CHAIRMAN, NASHUA PLANNING BOARD DATE
Petition introduced at Board of Aldermen Meeting JUNE 26, 2018
DATE

Public Hearing conducted by the Committee on Infrastructure:

JULY 25, 2018 7:00 P.M. ALDERMANIC CHAMBER
DATE TIME PLACE

In accordance with Chapter 19, Section 19-37, the foregoing petition was granted, conditional on the
petitioner’s recording the plan in the Hillsborough oo Registry of Deeds, by the Board of
Aldermen and Mayor on

DATE

Attest:

DATE CITY CLERK

Page Image
Board Of Aldermen - Agenda - 10/9/2018 - P11

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