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Meaning and intending to describe Serenity Lane as shown on plan entitled “Subdivision
Plan (Map ‘B’ Lot 57, Monis Farms Estates (Ext.), Serenity Lane, Nashua, New
Hampshire“, Prepared for/Record Owner: Etchstone Properties, Inc., dated 7 Oct 2015
with revisions through 1/26/16, prepared by Hayner/Swanson, Inc., recorded in the HCRD
as Plan # 38863.

Also shown on plan entitled “Street Acceptance Plan and Profile-Serenity Lane (Map ‘B’
Lots 20 &57), Monis Farm Estates, Searles & Middle Dunstable Roads, Nashua, New
Hampshire “, Prepared for: Etchstone Properties, Inc, dated 24 January 2018, prepared by
Hayner/Swanson, Inc., and on file at the City of Nashua Engineering Department.

REV 08/13

PETITION/STREET ACCEPTANCE:

The street acceptance is being petitioned by:

DATE PETITIONER

Au uc< 16 LI yA | ) dots

| certify that | have received a Mylar showing the limits of the street to be accepted and that said
street has been constructed in accordance with the approved plan.

& [26 [20/9 ee

"DATE CITY ENGINEER

Petition introduced at Board of Aldermen Meeting

DATE

Public Hearing conducted by the Committee on Infrastructure:

DATE TIME PLACE

Notice of this hearing was sent out to all abutters of that portion of the street for which acceptance
was requested, as listed on the attached list.

The foregoing petition was granted by the Board of Aldermen and Mayor on

DATE

Attest:

DATE CITY CLERK

REV 08/13

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Civil Boginecrs/Land Surveyors
sree Congress Stroet Nashus, New Hampshire 03062-1301
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www haynerswanroncom

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NASHUA, NEW HAMPSHIRE

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A regular meeting of the Board of Aldermen was held Tuesday, August 13, 2019, at 7:30 p.m. in the
Aldermanic Chamber.

President Lori Wilshire presided; City Clerk Patricia D. Piecuch recorded.

Prayer was offered by City Clerk Patricia D. Piecuch; Alderman-at-Large Brandon Michael Laws led in
the Pledge to the Flag.

The roll call was taken with 14 members of the Board of Aldermen present; Alderman Harriott-Gathright
was recorded absent. Alderwoman Mary Ann Melizzi-Golja arrived after roll call at 7:50 p.m.

Mayor James W. Donchess and Corporation Counsel Steven A. Bolton were also in attendance.

There being no objection, President Wilshire went out of order to the Recognition Period to
recognize Chief Andrew Lavoie

Mayor Donchess

Thank you Madam President. We tonight wanted to, and | am going to get up and read the proclamation
that is on behalf of the City and the Board of Aldermen and the Mayor. We wanted tonight to recognize of
course Chief Lavoie for all of his years of service. He was a great Chief; he reached out to the
community in a way that the Police Department maybe has not done before and established a wonderful
precedent for Chief Carrignan and the others that will follow. He is not an egotistical man, he’s not
looking for recognition. He has always represented the City and the Department with great dignity, with
great professionalism so we wanted to recognize him. There was a retirement party, | could not be there
because of a vacation. President Wilshire was going to represent me but she could not do so because
she was sick so we wanted to invite Chief Lavoie in to accept our official appreciation and present him
with the Proclamation. So I’d ask Chief Lavoie to come up.

RECOGNITION PERIOD

Mayor Donchess read into the record a Proclamation honoring Chief Andrew Lavoie.

REMARKS BY THE MAYOR

Mayor Donchess

Thank you Madam President. A few things | want to discuss tonight, first another appointment issue; |
have appointed Sue Lovering, currently the Assistant Executive to the Board of Aldermen as City Clerk.
City Clerk Piecuch has done a great job for the City with the elections and elsewhere for quite a few
years now. She resigned effective September 17". | accepted her resignation with regret but she is
going on to work in charge of the State Elections for Secretary of State Gardner so obviously that is a
great position for her. Although with regret, | couldn’t argue with the decision to move to the Secretary of
State Office. Sue Lovering is someone who knows the City very, very well, knows all of us, knows City
Procedures, has worked for here for many years previously in the Legal Department before the Board of
Aldermen. She is very good with the public and | am very confident that in the intervening time between
now and September 17'", Ms. Lovering will learn even more about election procedure. | think she is
taking or has taken a course this week or next week; something like that.

So the reason | appointed her early was to make it clear at least to who my choice is subject to
confirmation by the Board of Aldermen. But also to give her time to get more up to speed regarding any
parts of the job that she is not familiar with yet. So | present her to you as my nominee for the City Clerk’s
position and hope you will confirm her because | am confident that over the next period of time, Ms.
Lovering will do a great job for the citizens of Nashua.

Board of Aldermen 08-13-2019 Page 2

| did want to mention Madam President a couple of the Resolutions that are before us. One will require a
bit of discussion, that being R-19-159 which is calling for the funding of the full measure and list that we
would conduct over the next several years. Now the City has not done — a Full Measure & List means we
make an effort to go out and see every property. The last time a Full Measure & List was done in Nashua
was in 1991; which was actually when | was Mayor before. Over the last 30 or 28 years, the City has not
done a Full Measure & List; this is unusual. Manchester, for example, did a Full Measure & List in 2006,
2011 both. There’s NH NHAAO which is a Board of Assessors that makes recommendations regarding
best practices; they say that a City should do a Full Measure & List every 9 years at a minimum. So these
28 years have gone by and Steve Bolton, the City Attorney, can fill you in on more of the details, but at
this point, as a result of the events which have transpired, at both the Department of Revenue
Administration or the so-called DRA and the Board of Tax & Land Appeals have expressed the very
strong desire that we undertake a Full Measure & List and cite the fact that there has been almost 30
years since we did it.

Now a year and a half ago or more when we were discussing the revaluation with the DRA were they as
interested as they are now in the Full Measure & List? No; | mean their position at that point seemed to
be “well we would prefer it, but it is kind of up to you”. But there has been a campaign on-going for what
a year now, claiming without basis, but claiming that the Nashua records are full of inaccuracies and
there are all kinds of inequities and problems. That campaign has been conducted here, before the DRA
in Concord, multiple complaints. As a result of that, both the level of priority for both agencies at least in
our perception has, their priority regarding this has been raised considerably. Now they are very
interested that we proceed.

Certainly there is a legal argument that they could maybe not order us to do this but that is a legal
debate. In addition to that there are many things they can order us to do; many of them unpleasant. So |
think that the approach we need to take is to work with, cooperate, and attempt to maintain a strong
working relationship with the agencies that regulate our assessments; those being the Department of
Revenue Administration and the Board of Land & Tax Appeals. In order to re-establish or establish their
confidence in the Nashua operation and the information that we have in our property files, the way to do
that is to comply with their desire and to proceed after 28 years with a Full Measure & List.

If a Nashua citizen genuinely believes that there are issues that need to be corrected within the Nashua
Property records, the only way to really address that in a comprehensive way is to undertake a Full
Measure & List. If you actually believe that there are errors and that these are fairly widespread, now
these are beliefs that | do not hold after reviewing many property files and looking at many different
accusations and complaints and the like. But if you really believe that then the way to find out and to
make corrections is to undertake the Full Measure & List and to maintain the confidence of our agencies
at this point who have heard over and over and over about all the problems. None of that has been
verified by them; the DRA has not been here in a long time. The current examiner for us has never even
visited the office downstairs so they have no independent knowledge beyond what they have done before
which always verified the accuracy of the Nashua record showing us to be in good standing.

| have seen these letters that make various statements which are again not accurate. This idea that we
would get only a 15% or even a 5% or 10% entry rate, there is no basis for that opinion. And for KRT
that is not their opinion. For example, it is stated here that some assessors at the recent BTLA Hearing
think there is a 10% entry rate; well one of the assessors up there, probably the most senior one was Mr.
Gagne from Manchester. In 2006 Manchester did a Full Measure & List in which they made vigorous
efforts to reach out and contact people. They got over a 60%, that is 6-0 not 16, 60% entry rate. Now
they did follow up calls and things like that but that’s what they achieved in 2006.

In 2011 they undertook to do one again; this time they did not undertake as much of an outreach, after all
they had just did done 5 years before. But they got somewhere between 25 and 30% entry. Recently
KRT who we used for the assessment that we did in 2018 did Saco, Maine, 55%; they did Long Meadow,
Mass it was over 40% and they did Brunswick, Maine, over 60%. Now these high 50%/60% ranges, |
don’t think we probably are going to achieve here but Manchester did. If we want to put the money into
making sure that we get into as many houses as we can with the kind of follow up that was made in

Board of Aldermen 08-13-2019 Page 3

Manchester in 2006;p maybe we can achieve the same 60% that they did. But this idea that we should
defy the regulators, that we should fight, that we should obstruct the effort of the State to find out what is
the situation with the rational that we are only going to get a 5% or 10% entry rate is a foolish way to
proceed, in my opinion.

Also these statements are made that we should go out and get bids before we authorize any money; that
is against City Purchasing Regulations, adopted by the Board of Aldermen. That is a very bad practice, |
mean we never put out an RFP or a bid proposal, proposal for bids unless we have the appropriation;
otherwise people don’t know that we are serious. So our own regulations require that we have money
appropriated before we solicit bids. Now where does this estimate come from? Yes it is a KRT estimate
but we have not got an actual quote regarding how much it would cost since 1991 because we haven’t
gone out to bid. So if we put out one three and the number comes in lower, fine; we don’t spend as
much. If we get a higher number, then we consider appropriating more money. Given what has occurred
and | guess the desirability of getting into as many houses as we can, maybe we should spend a little
more money and make the same kind of effort that Manchester did when they received 60, six zero, %
entry.

Steve, | am going to ask him to fill you in a little bit more on his interactions with the BTLA and the DRA
from the legal perspective. | think he can give you more detail than | have, but | think we would be
putting the City in a bad position if we just defy and just say we are not going to do this, we don’t really
care what you think; make us. Because probably in very short order we will get an order that we do it;
and when we get an order it can cost more money than it will if we just proceed on our own. The Full
Measure & List being our control not in the DRA or the BTLA’s control.

The other thing | wanted to mention Madam President is R-19-148. | think there has been some
misunderstanding regarding this. This would authorize the sale that has been recommended by the
Infrastructure Committee as well as the City’s Business & Industrial Development Authority. There is a
long history to this, there’s the Development Agreement that goes back 10 years or so or more. This
does not allocate the funds though; that is what | am getting at, it does not allocate the funds. These
funds come in as revenue, the Board of Aldermen can and should consider how to appropriate these
funds over the course of the remainder of the Fiscal Year. There’s nothing that prevents once this
passes, the Board of Aldermen from deciding how the money should be used.

There are those who think it should be rededicated to the neighborhood; others maybe to recreation,
maybe both. But there are various arguments that could be made, people may have different opinions
but those are things that can be discussed in detail when a proposal is made as to exactly how to
allocate this money. But again, my point in speaking on this is that this merely authorizes the transaction
and if you read it, it is very clear, | mean it speaks not at all to any allocation. There has been a
recommendation from the Planning Board but that is their thoughts, their recommendation. You are not
bound in enacting this thing you do not enact their recommendation and their recommendation is not
referred to. So | just wanted to be clear on that.

Now if Madam President will allow, | would ask Attorney Bolton to follow up with respect to the BTLA, the
DRA and what has transpired with them from his perspective as the City’s Attorney.

Steve Bolton, Corporate Counsel

For reasons that are not entirely clear, back in June the Board of Tax & Land Appeals which | should tell
you, the Board of Tax & Land Appeals typically hears specific cases when a taxpayer believes that they
have been disproportionally highly assessed compared to other properties in the community. The BTLA
as it is called sits in judgment of that case; the taxpayer has the burden of proof. | or someone else in my
office would represent the City and we would have a hearing on the particular property at issue and what
it is worth. They do a similar thing when property is taken by eminent domain, but in that case the position
is reversed a little bit, we tend to argue for a lower value and the property owner for a higher value. In
the case of tax appeals, we are arguing for the higher value and they are arguing for the lower value.
That is generally what the BTLA does.

Board of Aldermen 08-13-2019 Page 4

As | said for reasons not entirely clear to us, in June they decided to open a docket to explore whether
Nashua was doing things correctly within the Assessing Department: whether there were failings that led
to inequities and disproportionalities within the Department. So we had that Hearing a week ago today. |
should say that by every statistical measure that the International Association of Assessing Officials has
in standards that they have set, we meet them all. Those same standards have been adopted by the NH
Assessing Standards Board, we meet them all. Over the last 15 years at five year intervals, the NH
Department of Revenue Administration and their Municipal & Property Division, does a study of our and
all the other municipalities; does a study on our assessment records. It is a statistically significant
number of samples and checks those records for accuracy. If one card fails, we still meet the standard.
If two cards fail, we flunk; we have never failed, never.

In-between those 5 year intervals, there’s a much less strenuous review; we’ve not failed those as far as
our property records are concerned. 10 years there was an issue whether the former assessor had filed
complete compliance report following the revaluation that that employee did. Again, no problem with the
information as to individual pieces of property. Now we explained all of this, we had the assessor from
Manchester not in our instance, not as a City favor to us, completely on his own the assessor for
Manchester who is highly qualified, he is a member of the Assessing Standards Board, he is previous
employee of the Department of Revenue Administration. He spoke and said if the municipality meets all
the standards which Nashua does, | am very worried, both as the Chief Assessor in Manchester and a
member of the Assessing Standards Board, what are you using for criteria? If you can do that to them, |
should be worried that you are going to do it to my community next. So we are hopeful as to how this
exploration will come out.

But | did let them know that Nashua was considering and basically had plans to do a Full Measure & List
for tax year 2022. Frankly this is something that | have recommended for approximately 2 years now. So
the suggestion that this is a knee-jerk reaction to some of the criticism that that Department has been
subjected to over the last 10 months is inaccurate. As the Mayor said before, 30 years is a long time
without undertaking the Full Measure & List process. It is called a Full Measure & List because there is in
fact measurements done to confirm the square footage, listing refers to listing the attributes of a particular
property. In residential properties the number of bedrooms, number of bathrooms, square footage of the
home, does it have special amenities, special features, tennis courts, basketball courts, whatever else
might be, central air conditioning that sort of thing.

If we do not undertake this, | think we are going to see some pushback from the Department of Revenue
Administration who will encourage the Board of Tax & Land Appeals to order us to do this. | think there is
some wiggle room in the law as to whether we could fight that; | don’t recommend that we do. It is
something that we ought to do anyway; but we ought to do it of our volition rather than wait until we are
ordered. The primary reason for that is it will be more strenuous; we won't just be ordered to do it, they
will want to monitor it every step of the way. They will want to add requirements perhaps that are not
ordinarily required. These things have every likelihood of costing us more money, delaying and delay
costs money as well. | happen to think that we have a good set of data currently. But you always run into
the “Well when is the last time you did a Full Measure & List”.

By the time this comes around, if we go forward with it and do it for 2022, we will be 31 years old. If we
don’t do it, the number will get higher and higher. People start looking at you with a little more
skepticism. If | go in and I’ve got the Pheasant Lane Mall appealing or something, I’d like to be able to
say “we are as accurate as we can be and we just did a Full Measure & List within the last few years’. |
think in the long run, the expenditure will be well worth it. And it is not spend $1.3 million or spend
nothing; by 2023 at a minimum we have to do a statistical evaluation, that is going to cost more than half
that $1.3 by itself. So you might as well do it right every few decades then put it off any longer. Sol am
with the Mayor on this and | am certainly going to be here all evening so any questions feel free.

Board of Aldermen 08-13-2019 Page 5

RESPONSE TO REMARKS OF THE MAYOR

Alderman Dowd

Yes | just want to congratulate the City Clerk, Trish Piecuch for her new appointment up at the State. |
know she will do a great job up there and congratulations. And for Ms. Lovering, even though we are
going to miss her severely, she won't be that far away and congratulations on your pending appointment.

Alderman Klee

Yes | would like to each Alderman Dowd’s sentiments and as State Rep | am glad to see Ms. Piecuch
coming up to the State House and working. | know she has been doing a lot of work on our behalf, going
to a lot of different conferences and truly working your tail off. | am grateful that you are going to be the
one working this project. We are going to miss Ms. Lovering but | Know where she lives; she’s in my
Ward. And we will know where she works so congratulations both of you.

President Wilshire
Just for the record I’d like to note that Alderwoman Melizzi-Golja arrived at 7:50 p.m.
READING MINUTES OF PREVIOUS MEETINGS AND PUBLIC HEARINGS

There being no objection, President Wilshire declared the minutes of the Board of Aldermen
meetings of July 9, 2019, July 22, 2019, August 6, 2019, and the public hearing conducted by the
Planning & Economic Development Committee on July 16, 2019, accepted, placed on file, and the
readings suspended.

COMMUNICATIONS REQUIRING ONLY PROCEDURAL ACTIONS AND WRITTEN REPORTS
FROM LIAISONS

From: J. Bradford Westgate, Esquire
Re: Acceptance of Legacy Drive and Serenity Lane

There being no objection, President Wilshire accepted the communication and referred it to the
Committee on Infrastructure.

From: Tim Cummings, Economic Development Director
Re: | Communication Seeking a Review & Approval of Design Concept Plans for the
Performing Arts Center located at 201 Main Street

There being no objection, President Wilshire accepted the communication and referred it to the
Planning & Economic Development Committee.

There being no objection, President Wilshire suspended the rules to allow for the introduction of a
communication received after the agenda was prepared

From: Marylou Blaisdell, Chair, on Behalf of the Downtown Improvement Committee
Re: 0-19-051 Providing Free Library Parking For Up To Three Hours for Nashua Students Using
the Nashua Public Library

There being no objection, President Wilshire accepted the communication and referred it to the
Committee on Infrastructure.