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PETITION
TO
RELEASE FACADE EASEMENT

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

Alia Maak Properties, LLC, owner of 452 Amherst Street since 1995, respectfully
petitions the Board to release the Fagade Easement which burdens the property.

In 1981, the owners of 452 Amherst Street converted the existing house into the
Country Tavern Restaurant. A condition of approval imposed by the Zoning Board of
Adjustment for the use variance to allow a restaurant, was to maintain the aesthetic of the
building. The attached Fagade Easement was recorded at the Hillsborough County
Registry of Deeds in August 1982. Over the years, the successive owners of the property
and the operators of the Country Tavern Restaurant have honored the Fagade Easement.

Today, Alia Maak Properties, LLC intends to sell the property. Given (1) the age, size,
and layout of the property; (2) the development of Amherst Street since the early 1980's:
(3) the Amherst Street traffic counts; and (4) the Park Industrial/Mixed Use Zoning, we
expect the building to be demolished and replaced with a retail or commercial business.

The Easement worked well for 35 years. The Facade Easement now burdens the
property to the detriment of the owners. In 2019, the Fagade Easement acts as an
impediment to any potential sale and re-development of the site. We therefore respectfully
request the City release the Easement.

PETITION TO RELEASE FACADE EASEMENT

The Facade Easement Release is being petitioned by: Alia Maak Properties, LL

Andrew A. Prolman, Esq. LL
603-883-8900 Prunier & Prolman, P.A.

Telephone Number Petitioner
June 4, 2019 20 Trafalgar Square. Nashua, NH 03063
Date Address

Petition received Cher ra edo JUNE 4, 2019

City Clerk Date

Petition introduced at Board of Aldermen Meeting

DATE

The foregoing Petition was granted, conditional on the petitioner's recording the Release of Fagade

Easement in the Hillsborough County Registry of Deeds, by the Board of Aldermen on
DATE

Attest:

DATE CITY CLERK

Return to:

RELEASE
OF
FACADE EASEMENT

The City of Nashua, a municipal corporation with an address of 229 Main Street,
Nashua, New Hampshire, 03060, hereby releases the Fagade Easement recorded at the
Hillsborough County Registry of Deeds on August 10, 1982 at Book 2940, Page 478.

This Release of Fagade Easement is authorized by Petition to Release Fagade Easement

which was duly passed by the City of Nashua Board of Aldermen on , 2019.
Executed this day of , 2019
CITY OF NASHUA

James W. Donchess, Mayor

Duly Authorized
STATE OF NEW HAMPSHIRE
COUNTY OF HILLSBOROUGH
On this the day of , 2019, before me, the undersigned officer,

personally appeared the above named James W. Donchess, Mayor of the City of Nashua, known
to me (or satisfactorily proven) to be the person whose name is subscribed to the within
instrument, and acknowledged that he executed the same on behalf of the City of Nashua for the

purpose herein contained.

Before me:

Justice of the Peace / Notary Public
My Commission Expires:

BK-2940 PGE-478

004654 We ID 11 00 sa 92

FACADE EASEMENT

We, kenwood C. Jones and Jeanette D. Jones, husband and
wife as joint tenants with rights of survivorship, of 1&0
Vheeler Road in Hollis, New Hempshire, for valuable considera-
tion, grents to the City of Neshua, a nunicipal corporation
(Grantee), without covenants, a facade easement with respect

to the building presently situated on the following described

prenises:

A certcin tract of land with the buildings thereon situate
off Acherst Street in Neshua, “illsborough Tounty, New
Hempsrire, bounded and described es follows:
Beginning at en iron pipe set in the ground on the couthwest-
erly line of Amherst Street at lend of P & A Construction
Co., Inc., said pipe being

1) North 43° 15" west and a distance of one hundred
eignty and no Ltlenths (166.0) feet fron an iron pipe cet on the
southwest line of Amherst Street at land of P & A Corctructicn
Co., Inc. anu lend of Lebel; thence running

2) South 51° 24' west « distance of one hundred thirty-
four and seventy hundredths (134.70) feet to an iron pin;
thence running

3) North 51° 29' west a distance of two hundred thirty-
one end no tenths (231.0) feet to an iron pipe; thence running

4) North 42° 41' east a distance of one hundrei seventy
and no tenths (170.0) feet to an iron pipe set on the souih-
westerly line of Amherst Street; thence running

5) South 42° 51' east a distance of two hurdred fifty-
one and no tenths (251.0) feet to the iron pipe at point of

beginning.

Containing 36,716 square feet, more or less,
Excepting premises conveyed in deed of Carl D. Fox and

Jeannine P, Fox, dated October 25, 1976, and recorded at the

Hillsborough County Registry of Deeds in Volure 2491, Page 506.
Also excepting seid portion of the above-described premises

as may have been acquired by the State of New Hanpshire under a

Petition to widen Route 101-A as recorded at the Hillsborough

County Registry of Deeds in Volume 2561, Pege 149.
Subject to the non-access rights and slope and embaniaent

rignts of the State of ew Hampshire as recorded at the said
Registry of Deeds in Volusze 2467, Page 222,

leaning and intending to describe and convey a part of the
premises conveyed to the within Grantors by deed of Carl D, Fox
and Jeannine P, Fox, dated Jenuzry 16, 1979, end recorded at
the iiiilsborough County Registry of Deeds in Volume
Fage
Suia facade easement is limited and defined cs follows:

A. The architectural integrity of suid building shall
be preserved without aodification and no suostarntial enange
to tre facude of the Building shell be made unless and until
tne lity of iashua, by its Zoning Board, has reviewed and
aporoved plans and specifications oz such change, routine
repeirs and maintenance excepted.

BE. This grant shall not restrict the right of the Crantor,
his heirs, successors end assigms, to decorate and or renodel
the interior as he may deem appropriate,

C. In the event the building is destroyed, or damazed
to the extent that cost of repairs will exceed fifty percent
of the market value or replacement cost of the building,
whichever is less, by fire, collapse or otuer calamity, this
facade easement shall terminate and be extinguished

IN WIThESS WHEREOF I have hereunto set my hand this
day of February, 1982,

Witness: _

Jeanette D. uwones

Kenwood C/’ Jones

STATE OF NEY HAMPSHIRE - COUNTY OF HILLSBOROUGH, SS

The foregoing instrument was acknowledged f
} before U5
day &. February, 1982 by “° es

BK-2940 PGE-475

APPOINTMENTS BY THE MAYOR

JUNE 11, 2019

Board of Assessors
Paul R. Bergeron (New Appointment) For an Indefinite Term at the Pleasure of the Mayor

15 Stanstead Place
Nashua, NH 03063

| respectfully request that this appointment be confirmed.

Jim Donchess
Mayor

A regular meeting of the Board of Aldermen was held Tuesday, May 28, 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 Richard A. Dowd led in the Pledge to the
Flag.

The roll call was taken with 14 members of the Board of Aldermen present; Alderman Gidge was
recorded absent. Alderman Lopez, Alderman Laws and Alderman Clemons arrived after roll call at 7:31
p.m., 7:32 p.m., and 7:33 p.m., respectively.

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

REMARKS BY THE MAYOR

Mayor Donchess

First of all | want to thank everybody who was involved in yesterday's Memorial Day Parade. The
Veteran’s Committee did a great job in putting the parade on. We had a number of Aldermen come and
march in the parade which was really great. The weather was fantastic; the crowds were | think more
than usual. | think overall it was a great tribute to our service people and the Veterans from Nashua and
throughout the region that we were honoring in holding the parade. So | want to thank everybody
involved.

On an issue that has been in the news recently, if you read the New York Times on Sunday on the front
page, “City is high-jacked by tools stolen from the NSA, Baltimore is extorted”. What this is about is a
malware which they call “Eternal Blue” which has being used by bad actors around the globe to try to
penetrate the security, IT Systems of cities and towns and private institutions as well; businesses and
the like. They try to extort money in exchange for them giving up what they are doing. So what
happens is they use this “Eternal Blue” malware to get into a system, and IT System, and completely
shut operations down. Baltimore has been hit recently, Atlanta back a ways, many other cities and
towns have been attacked. When this happens, the cost can be very, very considerable. And of course
the disruption is also very considerable.

So | want the Board of Aldermen to know, because you might have read these same articles, that the
City is actively working to prevent our system from being penetrated or compromised by this or any
other malware, ransomware or anything else. If you want to, we could set up a meeting with Bruce
Codagnone who is the Director of IT to talk about some of the details. As an overview, our system
blocks known malicious IP addresses, those are regularly circulated by Homeland Security. There is a
very effective firewall that prevents suspicious e-mails and other traffic from getting into the City system.
There is a subscription to a service which notifies us of zero day threats. In other words if a flaw ina
software system is discovered elsewhere, which is somehow penetrated, before a patch is developed,
we, the City, get notice that this has occurred so we can here act to block anything that might come in
before there is a patch developed that can permanently block that threat.

There is malware detection software on all the PC’s, there is ant-virus software and the City receives
security patches when a flaw in a software system that we operate is discovered elsewhere. The users,
in other words, our employees, are asked to report suspicious e-mails so that they can be investigated.
There is a practice that is often used called “phishing” which puts an e-mail into someone’s box which
looks like something official. It might say “Click here to update and confirm your user name and
password” but that would never come from a legitimate City source. IT would never ask someone put
your password in an e-mail. That did result and it was reported in a newspaper a phishing expedition, a
successful one over at the school department where maybe a year ago some payroll was stolen from a
few employees who were duped into responding to one of these phishing e-mails. That money was of
course restored by Risk but was lost to the City as a result of the details of the scheme.

Board of Aldermen 05-28-2019 Page 2

But there is phishing training, in other words, IT puts out phishing e-mails to our employees to make
sure that they don’t respond and if they do respond to a suspicious e-mail that we, the City, creates, they
are then asked to undergo more training regarding how to detect suspicious e-mails.

We get regular Homeland Security updates. Bruce Codagnone is part of the Cyber Security Sub-
Committee of the State IT Department, where he gets a lot of information there. So given that this has
been in the news, given that this is a threat, we are taking many actions to make sure or try to minimize
any risk that the City of Nashua faces. As Mr. Codagnone reminds me when we discuss this, there are
never any guarantees; you just don’t know what is going to happen. All you can do is to act diligently to
reduce any risks. There are constant malware attacks going on; much of it is diverted. As | understand
it, a day doesn’t go by where this is not someone trying to do something with a system like ours. If you
did want to hear more about this as a Board or in one of the Committees of course we could set this up.
It might be an issue of concern so | wanted to at least reassure you that many steps are being taken to
combat the risk.

Finally we have a couple of Ward meetings, Ward 7 and Ward 3. I’ve been holding these for four years
now in every Ward; a great opportunity for us to hear from constituents and vice versa. We often do
presentations regarding things that are going on with the City. | want to thank all of the Aldermen who
have attended so far. | think it is very helpful to have members of the Board attend. | think at Ward 3 we
had Alderwoman Wilshire, Alderwoman Klee, Alderman Dowd and at Ward 7 we had of course
Alderwoman Caron and | believe Alderwoman Wilshire and maybe somebody else. | forget exactly who
attended but that is a great help and I’ve always encouraged the Aldermen to come. We've also had
some of our State Reps come, and that is helpful too because we are all working as a team; Aldermen,
State Reps, sometimes the State Senators attend, sometimes even our Executive Counselor Debora
Pignatelli to work as a team and to advance Nashua’s interests and to make progress for our
community. So thank you all for coming and there is an open invitation to anybody on the Board of
Aldermen who wants to attend any of these Ward Meetings. The next one is in Ward 2 on Tuesday and
hopefully you will be able to attend when you are available and learn from our citizens.

In any event, that’s all | have Madam President unless there are any questions.
President Wilshire

| am just going to just note for the record that Alderman Laws and Alderman Clemons have joined us
during the Mayor’s comments.

RESPONSE TO REMARKS OF THE MAYOR

Alderman Lopez

| definitely would be interested in attending a presentation by IT over the security methods that we use.
I’m kind of curious, since we have at least half a dozen different data bases, some of which are
obsolete, some of which are not, some of which talk to each other exactly whether that makes it more
secure because phishing can’t figure out which one into. Or whether there is a need to invest in
upgrades or more collaboration so | would definitely like to hear about that.

Alderman Klee

| guess I’m going to do a me too moment but yes | would like to also do that. As far as our City doing
phishing, I'll be honest with you, | received an e-mail that was, | thought it was from the Historic
Commission that I’m on. It said to open up the, it was the blue prints of something on Concord Street. It
looked legitimate, | looked at it, it said NashuaNH.gov, opened it up and it was one of those that caught.
So | would love to be able to ask Mr. Codagnone and so on when can we and when can’t we. I’ve done
all the things of checking it and | went through the little extra training.

Board of Aldermen 05-28-2019 Page 3

So it does become very difficult to know if you don’t know who this person is sending it. So | would love
to have some kind of a meeting like that.

Mayor Donchess

| think there was one situation where they sent phishing expedition of e-mails that look like that they
came from me and I’m asking them to do X, Y, or Z which obviously | never sent.

Alderman Lopez

| have you on spam filter anyway.

Mayor Donchess

Anyway so yes, they can look very legitimate when you click on them, they may have logos and the like
and it looks absolutely real. So you really need to be careful on what you click on especially and what
you respond to.

Alderman Laws

Just because it is irrelevant right now, | am currently being phished by a fake Paul Shea account. So if
anybody is getting messages. | confirmed it, is fake, they are talking about community grants so they
know what they are doing. It’s on Facebook as well.

Alderwoman Melizzi-Golja

Thank you. Mayor Donchess, several of us were talking about this recent incident in Baltimore, it is
pretty scary to see what can happen. Mr. Codagnone came to PEDC with Ms. Kleiner and spoke not in
depth but did talk about the precautions that our IT Department is taking and also the need to update
programs and systems they we are using. So thank you for mentioning it, because it is certainly
something we all need to be aware of. In Baltimore they said it was like having a truck just come and
take all their paper records and empty all their records, which is pretty scary.

Alderman Lopez

| just had a thought and | guess Attorney Bolton can answer this. Can this be like a presentation that is
nonpublic because | don’t know if streaming our security protocols on YouTube is going to help the
situation?

President Wilshire

We will have a discussion.

Attorney Bolton

Some of it is probably appropriate for non-public; most of it probably if public is fine.

Alderman Harriott-Gathright

I’d just like to say they have a lot of training on-line because I’ve been a victim of some of this and had to
actually go through the training. One of the trainings was actually 45 minutes and it was strictly about

ransomware and malicious, most of it was about that.

RECOGNITION PERIOD — None

Board of Aldermen 05-28-2019 Page 4
READING MINUTES OF PREVIOUS MEETINGS AND PUBLIC HEARINGS

There being no objection, President Wilshire declared the minutes of the Board of Aldermen
meetings of May 14, 2019, May 16, 2019, and May 20, 2019, accepted, placed on file, and the
readings suspended.

COMMUNICATIONS REQUIRING ONLY PROCEDURAL ACTIONS AND WRITTEN REPORTS
FROM LIAISONS — None

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

Fred Teeboom Thank you my name is Fred Teeboom | reside at 24 Cheyenne Drive. | am here to talk
about R-19-126 on your agenda for final action, the CDBG Funding. Now | became involved it seemed
to be defunding when | got contacted by Lynn Barry who is now 87 years old; she was 86 at the time.
She has a simple hot water line leak in a mobile home that would have taken maybe a $20.00 sharp
knife fix or maybe a $100.00 or $200.00 repair bill and she wound up with an $1,100.00 mortgage on a
single sole possession mobile home. And like | said, 86 years old, she used to have her own business,
many years a tax payer and here she wound up with a mortgage because she wanted some help for
emergency repairs.

That prompted me to take a closer look at CDBG funding; in all the years involved in Aldermanic
business I’ve never really been concerned about CDBG funding. But this business with Lynn Barry
prompted me to get involved. So my first question is, how many of you have read the February 7™
communications that mention in the second paragraph of R-19-126 which gives the background on the
funding? Has anybody really looked at that? | didn’t think so; I’m not sure anybody on the first
committee did either because | asked that question before. Well | looked at the data, there’s not all that
much but it is background on the funding. | had written a letter to the Board of Aldermen dated 23 April
about that, about my concerns about CDBG funding, and | had also compiled, it took me about a day to
do it, compiled a detailed spread sheet of the funding profile. | just wondered how much was requested,
how much was awarded, what the award was for, how many people it served, what the budget is and
what the compensation is to the extent that could be determined from these submittals in the February
7, data.

Now the first thing that struck me was that the City Administration takes 32% of the funding right off of
the top, 32%. Now the City is not supposed to collect more than 20%, HUD Regulation. I’ve been in
touch with HUD, the regional office, at levels well above the level that the City HUD Program Manager
deals with. | am going to ask that they investigate this. What the City did, they broke their cut as | called
it, their Administrative cut into 2 parts. One part is $135,000.00; the other one $115,000.00 by far the
largest amount for the CDBG funding, 32%. | don’t think that’s appropriate. | am going to ask for a
review on that. No one ever questioned it and | reviewed the minutes in the Committee; nobody in the
Committee questioned it. Some of you, most of you on the Committee are here.

The next thing that struck me and I’m not going to go through all of them because that’s not my purpose
here, is an item as #2 on the Resolution, the Resolution at the sequential numbering of the funding 1 —
11 if you look at it; #2 Entrepreneurship For All. Now they are being awarded $40,000.00 for support of
micro enterprises. Seems ok; it’s a new application but their executive director earns $185,000.00 a
year in annual compensation. | presume that is benefits and salary, but $185,000.00. Their Program
Manager, who | guess is the next person underneath the Executive Director, he makes $145,000.00 a
year. | know that because the applications ask for the Chief Managers to provide their compensation.
Of all those that applied, only Entrepreneurship For All supplied this information; even though it is
required in the applications. No one in the Committee asked this question. So | question with that kind
of compensation provided to the managers of these non-profits, do they really need CDBG money?