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Board of Aldermen

City of Nashua
229 Main Street Lori Wilshire
Nashua, NH 03061-2019 President, Board of Aldermen

(603) 589-3030

May 30, 2019

REC'D CITY CLERK DEPT
Patricia D. Piecuch, City Clerk MAY 30°19 anlod9
City of Nashua

229 Main Street
Nashua, NH 03061-2019

Dear Ms. Piecuch:

Please be advised | am hereby calling a Special Meeting of the Board of Aldermen for Tuesday, June
11, 2019, at 7:00 p.m. in the Aldermanic Chamber. Pursuant to RSA 91-A:3,II(d), the purpose of the
meeting is for the Board to dissolve into a non-public session for consideration of the acquisition, sale, or
lease of real or personal property which, if discussed in public, would likely benefit a party or parties
whose interests are adverse to those of the general community.

Thank you.

Sincerely, . a
A DAL Wikihre

Lori Wilshire

President

cc: Mayor Jim Donchess
Steven A. Bolton, Corporation Counsel

R-19-141
Endorsers: Alderman June M. Caron
Alderman-at-Large Michael B. O’Brien
Alderman Linda Harriott-Gathright
Alderman Richard A. Dowd
Alderman Patricia Klee
Alderman Tom Lopez
Alderwoman-at-Large Shoshanna Kelly
Alderwoman Mary Ann Melizzi-Golja
Alderman-at-Large David C. Tencza
Alderman Jan Schmidt
Alderman-at-Large Lori Wilshire
RELATIVE TO THE TRANSFER OF $25,000 FROM DEPARTMENT 194 “CONTINGENCY”, ACCOUNT
70100 “GENERAL CONTINGENCY” TO DEPARTMENT 109 “CIVIC & COMMUNITY ACTIVITIES”,
ACCOUNTING CLASSIFICATION 56 “OUTSIDE AGENCIES” FOR THE PURPOSE OF PROVIDING
FUNDING TO THE NASHUA ASSOCIATION FOR THE ELDERLY
e Budget Review Committee Recommends: Final Passage

R-19-145
Endorsers: Mayor Jim Donchess
Alderwoman Mary Ann Melizzi-Golja
Alderman Jan Schmidt
Alderman Richard A. Dowd
Alderman Linda Harriott-Gathright
Alderman Tom Lopez
Alderman-at-Large Michael B. O’Brien, Sr.
AUTHORIZING THE CITY OF NASHUA TO ENTER INTO AN AGREEMENT FOR EMERGENCY
AMBULANCE SERVICES WITH AMERICAN MEDICAL RESPONSE, INC.
e Finance Committee Recommends: Final Passage

UNFINISHED BUSINESS — ORDINANCES

O-19-044
Endorsers: Alderman-at-Large Brandon Michael Laws

Alderman Patricia Klee
Alderman June M. Caron
Alderwoman-at-Large Shoshanna Kelly
Alderman-at-Large David C. Tencza
Alderman Jan Schmidt
Alderman-at-Large Lori Wilshire

AMENDING THE BOARD OF ALDERMEN COMPENSATION ORDINANCE

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

O-19-045
Endorsers: Mayor Jim Donchess
Alderman Linda Harriott-Gathright
Alderman Patricia Klee
Alderman Tom Lopez
Alderman June M. Caron
Alderwoman-at-Large Shoshanna Kelly
Alderman Jan Schmidt
Alderman-at-Large Lori Wilshire
UPDATING THE FINANCIAL STANDARDS FOR THE CITY’S WELFARE GUIDELINES
° Personnel/Administrative Affairs Committee Recommends: Final Passage

NEW BUSINESS — RESOLUTIONS

R-19-147
Endorser: Mayor Jim Donchess
AUTHORIZING PURCHASE AND SALE OF CITY LAND AT 21 PINE STREET (MAP 77, LOT 17) AND
LAND OF PUBLIC SERVICE COMPANY OF NEW HAMPSHIRE D/B/A EVERSOURCE ENERGY AT
3 PINE STREET EXTENSION (MAP 77, LOT 2A)

R-19-148
Endorser: Mayor Jim Donchess
AMENDING THE AUTHORIZATION FOR THE SALE OF LAND ON BRIDGE STREET AND SANDERS
STREET

R-19-149

Endorser: Mayor Jim Donchess
Alderman Jan Schmidt

CHANGING THE PURPOSE OF UP TO TWO HUNDRED THIRTY FIVE THOUSAND DOLLARS
($235,000) OF UNEXPENDED BOND PROCEEDS FROM THE ROAD AND TRAFFIC IMPROVEMENTS
PROJECT ON AMHERST STREET BETWEEN CHARRON AVENUE AND DIESEL ROAD TO PAY
COSTS FOR PAVING A PORTION OF PINE HILL ROAD AND VARIOUS STREETS IN THE
NEIGHBORHOOD IF FUNDS REMAIN AVAILABLE

R-19-150
Endorsers: Alderman Patricia Klee
Alderman-at-Large Brandon Michael Laws
AUTHORIZING THE CITY OF NASHUA TO ENTER INTO A LICENSE AGREEMENT FOR A PARKING
AREA OFF ARTILLERY LANE, NASHUA ABUTTING MAP 63 LOT 45

NEW BUSINESS — ORDINANCES
O-19-047
Endorsers: Mayor Jim Donchess
Alderman Tom Lopez
ESTABLISHING AN ANIMAL AND DOG PARK ADVISORY COMMITTEE
PERIOD FOR GENERAL PUBLIC COMMENT
REMARKS BY THE MEMBERS OF THE BOARD OF ALDERMEN

Committee announcements:

ADJOURNMENT

PAULA JOHNSON
15 WESTBORN DRIVE
Nashua, NH 03062
Pii538@aol.com

May 27, 2019

Board of Aldermen
229 Main Street
Nashua, NH 03061

Re: O-19-044

Dear Members of the Personnel & Administrative Affairs Committee:

I’m sorry that I could not appear in front of the committee this evening as I’m out of town.
Please review O-05-115 (this was the ORIGINAL Ordinance).

Adding an Attendance Requirement to The Board of Aldermen’s Compensation.
(No Action was taken).

Brief history: This was written because an Alderman didn’t show up for many committee
meetings and it got to the point that it was out of control. If I remember correctly (since this is
from 2005 — 14 years ago) questions that were asked at the full board and reasons for decisions
could have been asked and better understood if the Alderman attended the meetings. You can’t
do committee work at the full board and that’s why you have committee meetings and your
EXPECTED to attended unless the reasons mentioned in the O-05-115. I felt that if your getting
paid to represent a ward then you need to show up. Back in 2005 we didn’t have the have the
phone or electronics in the Right-to-Know Law as we do now. So, now you don’t have to miss a
meeting unless your seriously ill or out-of-town at a funeral you can phone in, facetime, skype
etc.

The Ordinance/Sec.2-21 Compensation:

Each Alderman shall receive as compensation the maximum sum of five thousand dollars
($5,000.00) per year, quarterly based on attendance at meetings of ihe full board of alderman and
the meetings of the standing committees to which the alderman is assigned. An absence will be
excused only if due to an illness or death in the alderman’s family. If an alderman has more
than five unexcused absences in a quarter, then the alderman’s quarterly compensation will be
reduce proportionally based on the number of meetings attended during the quarter.

The Ordinance defined the following:
1. Attendance
2. ILLNEES OR DEATH in the alderman’s family

>

3. Compensation

Chapter 5. Administration of Government
Part2. Board of Alderman

Article II. General Provisions

§ 5-6 Compensation

A. Each Aldermen shall receive as compensation the sum of $5,000 per year, payable
quarterly.

B. If, in any quarter, any member of the Board of Aldermen is recorded absent at three of
more regular meetings of the Board, the City Clerk shall transmit a communication
stating that fact to the Board of Aldermen, and the stipend for that quarter shall be
withheld. In accepting the communication, the Board may also determine by vote that for
good cause shall include but not limited to attendance at committee and other meetings,
or health or other extenuating circumstances for the absence. Additionally, the Board
may find that the attendance of any member within a quarter has been unacceptable and
by a majority vote withhold any or all of the stipend for that quarter.

Health, illness and extenuating circumstances pretty much covers it ALL.

Now under the Right-To-Know Law 91-A:2 we have different ways to attend meetings if one
cannot.

91-A:2 Meetings Open to Public. —

I. For the purpose of this chapter, a "meeting" means the convening of a quorum of the
membership of a public body, as defined in RSA 91-A:1-a, VI, or the majority of the members of
such public body if the rules of that body define "quorum" as more than a majority of its
members, whether in person, by means of telephone or electronic communication, or in any
other manner such that all participating members are able to communicate with each other
contemporaneously, subject to the provisions set forth in RSA 91-A:2, I, for the purpose of
discussing or acting upon a matter or matters over which the public body has supervision,
control, jurisdiction, or advisory power. A chance, social, or other encounter not convened for
the purpose of discussing or acting upon such matters shall not constitute a meeting if no
decisions are made regarding such matters.

III. A public body may, but is not required to, allow one or more members of the body to
participate in a meeting by electronic or other means of communication for the benefit of the
public and the governing body, subject to the provisions of this paragraph.

(a) A member of the public body may participate in a meeting other than by attendance in person
at the location of the meeting only when such attendance is not reasonably practical. Any reason
that such attendance is not reasonably practical shall be stated in the minutes of the meeting.

(c) Each part of a meeting required to be open to the public shall be audible or otherwise
discernable to the public at the location specified in the meeting notice as the location of the
meeting. Each member participating electronically or otherwise must be able to simultaneously
hear each other and speak to each other during the meeting, and shall be audible or otherwise
discernable to the public in attendance at the meeting's location. Any member participating in
such fashion shall identify the persons present in the location from which the member is
participating. No meeting shall be conducted by electronic mail or any other form of
communication that does not permit the public to hear, read, or otherwise discern meeting
discussion contemporaneously at the meeting location specified in the meeting notice.

Former Alderman Moriarty called into meetings if he was away on business and BOE member
Bill Mosher calls in for ALL full board and committee meetings due to illness.

| have attached my comments from the Board of Aldermen’s meeting dated May 14, 2019.

Thank you for allowing my communication to be read.

/ truly yours,
fe
iC C
Paula Johnson
Former member of the

BOE, BOA and NH State
Representative

Board of Alderman Meeting - May 14, 2019

NEW BUSINESS — ORDINANCES O-19-044

Endorser: Alderman-at-Large Brandon Michael Laws

Alderman Patricia Klee

Alderman June M. Caron

Alderwoman-at-Large Shoshanna Kelly

Alderman-at-Large David C. Tencza

Alderman Jan Schmidt

Alderman-at-Large Lori WilshireAMENDING

THE BOARD OF ALDERMEN COMPENSATION ORDINANCE
Given its first reading; assigned to the PERSONNEL/ADMINISTRATIVE AFFAIRS
COMMITTEE by President Wilshire

PERIOD FOR GENERAL PUBLIC COMMENT:

Paula Johnson, | still live in Nashua, exhausted from this whole thing. | don’t know how | ever
sat on this, maybe ‘cause | was younger. | would like to thank the Aldermen for that bill, the
smoking, | want to say it takes courage to vote what you feel is right, you beat a dead horse to
death, you know, it went round and round. And some of the Aldermen that | don’t agree with
many times, | want to say thank you, because yeah does it have to be at the State Level?

Board of Aldermen 05-14-2019 Page 40 Yeah | think it’s better at the State Level that they
address it so then it’s at throughout the State, not just one community, another community,
State Law supersedes City anyway. I’m here to talk about and | know it’s going for its first
reading, O-19-044. Let’s talk about that legislation and what has happened. | was the original
sponsor of that legislation, remember Alderman Wilshire, remember Attorney Bolton. No? Well
let me refresh your memory. The reason | did the compensation and what was the intent of this?
The intent didn’t have anything to do with pregnancy or adoption, it wasn’t the reason why. And
it had nothing to do with any of this. It had to do, we had an Alderman, if you remember correctly
that never came to Committee meetings. He would show up more times at the full Board
meeting and yet he was being paid to sit around the horseshoe for meetings and the full Board
meeting. That was the intent of this. Not the intent of somebody being pregnant or adoption.
And I’m a woman and | have the right to say that. And | have the right to say what the intention
was; because | was the original maker of it and there was no action. But over the years, it got
watered down a little bit. And the reason | made so clear and | sat down with Dori Clarke and we
really worked on this. So nobody would be left out but the question was, why should you be paid
for meetings that you did not attend? Simple as all that. You go to work, you get paid; you don't
go to work, you don’t get paid. There is no sick time really here because it’s not a job. That’s
why we never put in certain things because this is not a job this is an elected position. You go to
the polls, you have the voters vote for you; you get a stipend, it’s not a paycheck it is a stipend.
By rights it is not even supposed to have taxes taken out if you look at the US Code. This was
added in after. So this is why | wrote this piece of legislation. No action was taken because that
person, after it got written, decided to show up to the meetings again. So this isn’t a job and if
you can’t fulfill your duties because of maternity or adoption, there are other ways to be in touch
with the Board. You can Skype, you can FaceTime. There is a member of the Board of
Education that doesn’t come to any meetings anymore because he’s ill and he’s telephonically.
So you don’t have to have this in legislation that says because you are pregnant or you have an
adoption that you can’t come to meetings. You can call in at every meeting and you can still be
part of the meeting and be paid for your presence. So when we did this, it was based on the

attendance at meetings of the Full Board of Aldermen and the meetings of the standing
committees; that’s what you are paid for. All the work is really done in the Committee. Am |
correct? Of course | am correct. And then you bring it to the Board to vote on it, which is
assigned. And absence will be excused only if due to illness, which illness could cover
pregnancy because you don’t have to put down health, illness, and or death in the Alderman’s
family. Simple, it’s simple. Let’s not water it down and make it more complicated than it is. You
are being paid to be here. When | was on this Board | was raising 3 children; worked part-time,
ran a business with my husband because he worked all the time so | was basically raising them
by myself and | managed to be at every meeting here. Very rarely did | take any time off unless |
was sick. So if you want to be an elected official, you can still have children, you can still have a
pregnancy, you can still adopt, you can still have a baby and attend every meeting. You can
Skype, you can FaceTime or you can be on the phone. This piece of legislation was written
probably for somebody, you know, and if I’m correct | think she’s pregnant she just put her
name on the legislation which | think is a conflict now. Self-serving and the mere fact that it
should not be like this. These words on the original and the ones that were changed covers
everything, maybe you should just add in there ‘can be at the meeting by FaceTime, Skype and
/ or telephonically’ like on does at the Board of Education. So there’s no reason why you can’t
attend a meeting unless of illness and/or death in the family. Thank you very much.

ADDING AN ATTENDANCE REQUIREMENT TC THE BOARD OF ALDERMEN’S

dn the Year Two Thousand and Five —

The City 6f Nashua ordains that Chapter 2 “Administration”, Article II “Board of
Aldermen”, Division 1 ‘Generally’, Sec. 2-21 “Compensation”
Ordinances, as amended, is hereby further amended by adding the following new underlined

language:

“Sec. 2-21. Compensation.

Each alderman shail receive as compensation the maximum sum of five thousand
dollars ($5,000.00) per year, payable quarterly based on attendance at meetings of the full
board of aldermen and the meetings of the standing committees to which the alderman is
assigned. An absence will be excused only if due to an illness or death in the alderman’s

family. if an alderman has more than five unexcused absences in a quarter, then the

alderman’s quarterly compensation will be reduced pravortionally based on the number

of meetings attended during that quarter.

‘The provisioris of NRO section 2-271 et seq., Conduct Regulations, and other conflict-of-
interest standards shall not apply to votes on ordinances setting compensation of the

board of aldermen under charter section 45-a.”

Te 6 eee y
NO ACTION

of the Neshua Revised

City of Nashua. NH
Page tof t

Chapter 5. Administration of Goue os

Part 2. Board of Aldermen oe
Article ll. General Provisions :

§ 5-6. Compensation.

INRO 1975, T. 3, § 1; NRO 1987, § 2
,§ 2-21;

1978 by Ord. No. O-78-4; 6-24-1980 by oa. hy ae

1992 by Ord. No. O-92-11, 8-8-2000 by Ord. as 0-80-53; 6

2007 by Ord. No. O-07-115; 12-22-2009 by Ont. Noes 8-8

«aN FA he 4

*

A. Each Alderman shail r j ;
ail re : : =)
epi Céive as compens