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Board of Aldermen 05-14-2019 Page 16

according to the CDC in 2017 this is for all Americans nationwide but you can take a sampling in New
Hampshire and Nashua as well but 40.8% of Americans who said that they smoked daily or some days
are age 25 years or older. So you are not losing a lot of customers or market base, it’s only like 12%
but you are still retaining a majority of the people who may buy or use tobacco products in America.
And as a member of our youth | am really concerned about protecting our health because we are the
future and we might be sitting in the same seats that you are all sitting in today. And if we don’t protect
the health of our youth as nicotine is a very addictive drug, it has been compared to levels of cocaine
and heroin and as we are dealing with opioid crisis, New Hampshire and even Massachusetts in this
day and age, | think tobacco might be put to that level if we don’t pass this ordinance. Thank you.

COMMUNICATIONS REQUIRING FINAL APPROVAL - None

PETITIONS

Petitions for Street Acceptance: Adelaide Avenue and Pendant Lane
e Committee on Infrastructure Recommends: Granting Petitions

MOTION BY ALDERMAN O’BRIEN TO GRANT THE PETITIONS FOR STREET ACCEPTANCE
FOR ADELAIDE AVENUE AND PENDANT LANE
MOTION CARRIED

NOMINATIONS, APPOINTMENTS AND ELECTIONS — None

REPORTS OF COMMITTEE

Budget Review Committee... 0.0... 00... cece tee tenet tttttttttsteeteeseees 04/22/2019

There being no objection, President Wilshire declared the report of the April 22, 2019, Budget
Review Committee accepted and placed on file.

Budget Review Committee... 00.0.0... eter tee ttt ttttteetetseees 04/29/2019

There being no objection, President Wilshire declared the report of the April 29, 2019, Budget
Review Committee accepted and placed on file.

Budget Review Committee... 0.0.0.0... cette ttt ttt tttteeeeeees 05/02/2019

There being no objection, President Wilshire declared the report of the May 2, 2019, Budget
Review Committee accepted and placed on file.

Budget Review Committee... 00.2.0... 0... cette ttt etttetsteneeess 05/07/2019

There being no objection, President Wilshire declared the report of the May 7, 2019, Budget
Review Committee accepted and placed on file.

Committee on Infrastructure......... 0... te tees etteteeeeees 04/24/2019
There being no objection, President Wilshire declared the report of the April 24, 2019, Committee on
Infrastructure accepted and placed on file.

Personnel/Administrative Affairs Committee... ........0... 0.0... ceeeeeeeeeeeeeeeee. 05/06/2019

There being no objection, President Wilshire declared the report of the May 6, 2019, Personnel/
Administrative Affairs Committee accepted and placed on file.

Board of Aldermen 05-14-2019 Page 17

CONFIRMATION OF MAYOR'S APPOINTMENTS

Administrative Services Director

There being no objection, President Wilshire declared Kim Kleiner, 32B Courtland Street,
Nashua, duly appointed to the Office of Administrative Services Director for an indefinite term
at the pleasure of the Mayor.

Oath of Office administered by Corporation Counsel.

Board of Assessors

Lydia Foley, 2 Bruce Street, Nashua, withdrawn.

Conservation Commission

There being no objection, President Wilshire declared Brandon Pierotti, 14 Lochmere Lane,
Nashua, and Richard Gillespie, 15 Spencer Drive, duly appointed to the Conservation
Commission for a term to expire December 31, 2021.

Oath of Office administered by Corporation Counsel to Brandon Pierotti.

Mine Falls Park Advisory Committee

There being no objection, President Wilshire declared Trisha Mullin, 275 Broad Street, Nashua,
duly appointed to the Mine Falls Park Advisory Committee for a term to expire May 1, 2022.

Oath of Office administered by Corporation Counsel.

Zoning Board of Adjustment

There being no objection, President Wilshire declared Nicholas Kanakis, 159 Main Street,
Nashua, duly appointed as an alternate member to the Zoning Board of Adjustment for a term
to expire September 11, 2020

Oath of Office administered by Corporation Counsel.

Alderman Caron

Excuse me | believe we skipped Richard Gillespie as a reappointment to the Conservation
Commission.

President Wilshire
He wasn’t here.
Alderman Caron

Oh I’m sorry | didn’t hear you call his name.

Board of Aldermen 05-14-2019 Page 18

UNFINISHED BUSINESS — RESOLUTIONS

R-18-073, Amended
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

R-19-130
Endorsers: Mayor Jim Donchess
Alderman Tom Lopez
Alderman-at-Large Brandon Michael Laws
AUTHORIZING THE SALE OF TAX DEEDED PROPERTY LOCATED AT 4 % - 6 CANAL
STREET
Given its second reading;

MOTION BY ALDERMAN KLEE FOR FINAL PASSAGE OF R-19-130
MOTION CARRIED

Resolution R-19-130 declared duly adopted.

R-19-131

Endorser: Mayor Jim Donchess

AUTHORIZING THE GRANTING OF AN EASEMENT TO THE NASHUA MILLYARD
ASSOCIATES, INC., OVER LAND LOCATED AT 2 PINE STREET EXTENSION
Given its second reading;

MOTION BY ALDERMAN O’BRIEN FOR FINAL PASSAGE OF R-19-131
MOTION CARRIED

Resolution R-19-131 declared duly adopted.

R-19-135
Endorsers: Mayor Jim Donchess
Alderman Linda Harriott-Gathright
Alderman-at-Large Lori Wilshire
RELATIVE TO THE APPROPRIATION OF $24,850 FROM DEPARTMENT #194
“CONTINGENCY”,
ACCOUNT #70100 “GENERAL CONTINGENCY” INTO VARIOUS NEW ACCOUNTS IN
DEPARTMENT #106 “ADMINISTRATIVE SERVICES”
Given its second reading;

MOTION BY ALDERMAN HARRIOTT-GATHRIGHT FOR FINAL PASSAGE OF R-19-135 BY ROLL
CALL

Board of Aldermen 08-13-2019 Page 19
ON THE QUESTION
Alderman Dowd

I'd like to speak to the amendment. The Amendment basically was adjusting it so that the line involved
goes out to the center of Amherst Street because they don't like to leave an arbitrary line on the border.
The Planning Department wanted to go out to the middle of the street, so that’s basically the amendment.

MOTION CARRIED

MOTION BY ALDERMAN DOWD FOR FINAL PASSAGE OF O-19-046 AS AMENDED
ON THE QUESTION

Alderman Dowd

This is a lot on the front of Amherst Street has always been used for general business, it was operating
under a variance as Chili’s from the time Chili's closed until the time the new owners applied for a
restaurant, the time it elapsed so the variance went away. So we have been working with Director
Marchant to change a lot of the zoning on Amherst Street to reflect that the first 200 feet are General
Business as 99% of them are. The only other question is if you are wondering why we didn’t do the lot next
door, it was because we didn’t want to impose that on them and they didn’t ask. So we are just doing that
one lot.

MOTION CARRIED
Ordinance O-19-046 declared duly adopted as amended.

O-19-048
Endorsers: Alderman Richard A. Dowd
Alderman-at-Large Lori Wilshire
Alderman Linda Harriott-Gathright
Alderwoman Mary Ann Melizzi-Golja
AUTHORIZING A STOP SIGN ON COTTON ROAD AT ITS INTERSECTION WITH THE
COTTON ROAD CONNECTOR
Given its second reading;

MOTION BY ALDERMAN DOWD FOR FINAL PASSAGE OF O-19-048

ON THE QUESTION

Alderman Dowd

| have extra copies but if anybody wants to know where the stop sign is going, it is there is a new
restaurant there, the Press Café, people come out of the parking lot and zip on to the street and people try
to defy physics by occupying the same space at the same time. So the Board of Public Works asked us to
pass this to put a stop sign there.

Alderman O’Brien

Just to follow up with Alderman Dowd said, it did go to the Committee of Infrastructure which handles the
laws of physics quite well.

MOTION CARRIED

Board of Aldermen 08-13-2019 Page 20

Ordinance O-19-048 declared duly adopted.

NEW BUSINESS — RESOLUTIONS

R-19-160
Endorsers: Mayor Jim Donchess
Alderman-at-Large Lori Wilshire
Alderman-at-Large Michael B. O’Brien, Sr.
Alderman Richard A. Dowd
Alderman Patricia Klee
Alderman-at-Large Brandon Michael Laws
Alderman Tom Lopez
Alderwoman-at-Large Shoshanna Kelly
Alderwoman Mary Ann Melizzi-Golja
Alderman-at-Large David C. Tencza
Alderman Jan Schmidt
RELATIVE TO THE ACCEPTANCE AND APPROPRIATION OF $27,000 FROM THE NEW
HAMPSHIRE CHARITABLE FOUNDATION INTO PUBLIC HEALTH AND COMMUNITY
SERVICES GRANT ACTIVITY “FY20 SUBSTANCE MISUSE PREVENTION”
Given its first reading; assigned to the HUMAN AFFAIRS COMMITTEE by President Wilshire

R-19-161
Endorser: Mayor Jim Donchess
Alderman-at-Large Michael B. O’Brien, Sr.
Alderman Ken Gidge
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 Ben Clemons
Alderman-at-Large Lori Wilshire
ESTABLISHING POLLING TIMES FOR THE MUNICIPAL GENERAL ELECTION ON
NOVEMBER §, 2019 AND ISSUING PRECEPTS TO THE SELECTMEN OF THE CITY WARDS
Given its first reading;

There being no objection, President Wilshire suspended the rules to allow for a second reading of
R-19-161

Resolution R-19-161 given its second reading;

MOTION BY ALDERMAN CARON FOR FINAL PASSAGE OF R-19-161
ON THE QUESTION

Alderman Clemons

The next Resolution on here is a Referendum, so! am wondering, this won't prohibit that from being added
to the ballot will it?

President Wilshire

No.

Board of Aldermen 08-13-2019 Page 21

Alderman Clemons

OK thank you.

MOTION CARRIED

Resolution R-19-161 declared duly adopted.

R-19-162

Endorsers: Alderman-at-Large Ben Clemons

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

Alderman Ken Gidge

Alderman-at-Large Brandon Michael Laws
Alderman Tom Lopez

Alderman-at-Large David C. Tencza

RELATIVE TO A BALLOT REFERENDUM TO ALLOW SPORTS BETTING WITHIN THE CITY OF

NASHUA

Given its first reading; assigned to the PERSONNEL/ADMINISTRATIVE AFFAIRS COMMITTEE by
President Wilshire

R-19-163

Endorser: Mayor Jim Donchess

Alderman-at-Large Michael B. O’Brien, Sr.
Alderman Ken Gidge

Alderman Richard A. Dowd

Alderman Patricia Klee

Alderman June M. Caron

Alderwoman Mary Ann Melizzi-Golja

RELATIVE TO THE SUPPLEMENTAL APPROPRIATION OF $1,500,000 OF FY2019
UNANTICIPATED REVENUE FROM DEPARTMENT #126 “FINANCIAL SERVICES”,
ACCOUNTING CLASSIFICATION #45 “MISCELLANEOUS REVENUE” INTO FUND #7026
“CAPITAL EQUIPMENT RESERVE FUND”

Given its first reading; assigned to the BUDGET REVIEW COMMITTEE by President Wilshire

R-19-164

Endorser: Mayor Jim Donchess

Alderman-at-Large Michael B. O’Brien, Sr.
Alderman Tom Lopez

Alderman June M. Caron

Alderwoman Mary Ann Melizzi-Golja

RELATIVE TO THE SUPPLEMENTAL APPROPRIATION OF $1,000,000 OF FY2019
UNANTICIPATED REVENUE FROM DEPARTMENT #126 “FINANCIAL SERVICES”,
ACCOUNTING CLASSIFICATION #42 “LICENSES AND PERMITS” REVENUE INTO FUND
#6600 “BENEFITS SELF INSURANCE FUND”

Given its first reading; assigned to the BUDGET REVIEW COMMITTEE by President Wilshire

R-19-165
Endorser:

Mayor Jim Donchess
Alderman Ken Gidge
Alderman Tom Lopez
Alderman June M. Caron

RELATIVE TO THE APPROPRIATION OF $2,000,000 OF FY2020 ASSIGNED FUND BALANCE
INTO FUND #6600 “BENEFITS SELF INSURANCE FUND”
Given its first reading; assigned to the BUDGET REVIEW COMMITTEE by President Wilshire

Board of Aldermen 08-13-2019 Page 22

R-19-166
Endorsers: Mayor Jim Donchess
Alderwoman Mary Ann Melizzi-Golja
Alderman-at-Large Michael B. O’Brien, Sr.
Alderman Ken Gidge
Alderman Richard A. Dowd
Alderman Patricia Klee
Alderman-at-Large Brandon Michael Laws
Alderman Tom Lopez
Alderman June M. Caron
Alderman-at-Large David C. Tencza
Alderman Jan Schmidt
Alderman-at-Large Lori Wilshire
RELATIVE TO THE ACCEPTANCE AND APPROPRIATION OF $110,000 FROM THE NEW
HAMPSHIRE CHARITABLE FOUNDATION INTO PARKS & RECREATION GRANT ACTIVITY
“JEFF MORIN FUND, PLAYGROUND IMPROVEMENTS AT ROBY PARK”
Given its first reading; assigned to the HUMAN AFFAIRS COMMITTEE by President Wilshire

R-19-167
Endorser: Mayor Jim Donchess
Alderman-at-Large Michael B. O’Brien, Sr.
Alderman Ken Gidge
Alderman Richard A. Dowd
Alderman Patricia Klee
Alderman Tom Lopez
Alderwoman-at-Large Shoshanna Kelly
Alderwoman Mary Ann Melizzi-Golja
Alderman Jan Schmidt
Alderman-at-Large Lori Wilshire
RELATIVE TO THE SUPPLEMENTAL APPROPRIATION OF $1,000,000 OF FY2019
UNANTICIPATED REVENUE FROM DEPARTMENT #191 “SCHOOL”, ACCOUNTING
CLASSIFICATION #43 “INTERGOVERMENTAL REVENUE” INTO SCHOOL CAPITAL
PROJECT ACTIVITY “DISTRICT-WIDE MIDDLE SCHOOL RENOVATIONS”
Given its first reading; assigned to the BUDGET REVIEW COMMITTEE and the CAPITAL
IMPROVEMENTS COMMITTEE by President Wilshire

R-19-168
Endorser: Mayor Jim Donchess
Alderman-at-Large Michael B. O’Brien, Sr.
Alderman Ken Gidge
Alderman Richard A. Dowd
Alderman Patricia Klee
Alderman-at-Large Brandon Michael Laws
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 SUPPLEMENTAL APPROPRIATION OF $300,000 OF FY2019
UNANTICIPATED REVENUE FROM DEPARTMENT #126 “FINANCIAL SERVICES”,
ACCOUNTING CLASSIFICATION #42 “LICENSES AND PERMITS” REVENUE INTO
CAPITAL PROJECT ACTIVITY “14 COURT STREET COURTYARD IMPROVEMENTS”
Given its first reading; assigned to the BUDGET REVIEW COMMITTEE and the CAPITAL
IMPROVEMENTS COMMITTEE by President Wilshire

Board of Aldermen 08-13-2019 Page 23

R-19-169

Endorser: Mayor Jim Donchess

Alderman-at-Large Michael B. O’Brien, Sr.
Alderman Ken Gidge

Alderman Richard A. Dowd

Alderman Patricia Klee
Alderman-at-Large Brandon Michael Laws
Alderman Tom Lopez

Alderwoman Mary Ann Melizzi-Golja

RELATIVE TO THE SUPPLEMENTAL APPROPRIATION OF $700,000 OF FY2019
UNANTICIPATED REVENUE FROM DEPARTMENT #126 “FINANCIAL SERVICES”,
ACCOUNTING CLASSIFICATION #42 “LICENSES AND PERMITS” REVENUE INTO
PUBLIC WORKS CAPITAL PROJECT ACTIVITY “INFRASTRUCTURE IMPROVEMENTS
CITYWIDE”
Given its first reading; assigned to the BUDGET REVIEW COMMITTEE and the CAPITAL
IMPROVEMENTS COMMITTEE by President Wilshire

R-19-170

Endorser:

Mayor Jim Donchess
Alderman Richard A. Dowd

RELATIVE TO THE RE-APPROPRIATION OF FISCAL YEAR FY2020 ESCROWS
Given its first reading; assigned to the BUDGET REVIEW COMMITTEE by President Wilshire

R-19-171

Endorsers: Mayor Jim Donchess

Alderman-at-Large Lori Wilshire
Alderman Richard A. Dowd
Alderman-at-Large Michael B. O’Brien, Sr.
Alderman Ken Gidge

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 Ben Clemons

APPROVING AN AMENDMENT TO THE LEASE WITH NASHUA ICE CENTER
(KNOWN AS CONWAY ARENA)
Given its first reading; assigned to the FINANCE COMMITTEE by President Wilshire

Board of Aldermen 08-13-2019 Page 24

R-19-172
Endorsers: Mayor Jim Donchess
Alderman-at-Large Lori Wilshire
Alderman Richard A. Dowd
Alderman-at-Large Michael B. O’Brien, Sr.
Alderman Ken Gidge
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 Ben Clemons
AUTHORIZING THE MAYOR TO ENTER INTO A POWER PURCHASE AGREEMENT
(PPA) AND LEASE WITH REVISION ENERGY
Given its first reading; assigned to the FINANCE COMMITTEE by President Wilshire

NEW BUSINESS — ORDINANCES

O-19-049

Endorser: Mayor Jim Donchess
Alderman-at-Large Michael B. O’Brien, Sr.
Alderman Ken Gidge
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

AUTHORIZING FREE HOLIDAY PARKING AT METERS IN ZONE III WHICH INCLUDES THE
ELM STREET AND HIGH STREET PARKING GARAGES FROM DECEMBER 9, 2019 THROUGH
JANUARY 3, 2020

Given its first reading; assigned to the COMMITTEE ON INFRASTRUCTURE by President Wilshire

O-19-050
Endorsers: Alderman Tom Lopez
Alderman-at-Large Lori Wilshire
Alderman Patricia Klee
Alderwoman Mary Ann Melizzi-Golja
CHANGING THE LOCATION OF THE PARKING PERMITS FOR DALIANIS HOUSE RESIDENTS
Given its first reading; assigned to the COMMITTEE ON INFRASTRUCTURE by President Wilshire

O-19-051
Endorser: Alderwoman-at-Large Shoshanna Kelly
Alderman Tom Lopez
Alderman June M. Caron
Alderman Jan Schmidt
PROVIDING FREE LIBRARY PARKING FOR UP TO THREE HOURS FOR NASHUA STUDENTS
USING THE NASHUA PUBLIC LIBRARY
Given its first reading; assigned to the COMMITTEE ON INFRASTRUCTURE by President Wilshire

Board of Aldermen 08-13-2019 Page 25

O-19-052
Endorsers: Alderman Patricia Klee
Alderwoman-at-Large Shoshanna Kelly
Alderman Tom Lopez
AMENDING NRO 93-6 IMPOUNDMENT OF DOGS, CATS, FERRETS AND CHICKENS
Given its first reading; assigned to the PERSONNEL/ADMINISTRATIVE AFFAIRS COMMITTEE by
President Wilshire

O-19-053
Endorser: Mayor Jim Donchess
Alderman-at-Large Michael B. O’Brien, Sr.
AUTHORIZING SIGNATURES FOR CONTRACTS LESS THAN $1,000
Given its first reading; assigned to the PERSONNEL/ADMINISTRATIVE AFFAIRS COMMITTEE by
President Wilshire

PERIOD FOR GENERAL PUBLIC COMMENT

Laurie Ortolano 41 Berkeley Street. There were some things Ms. Kleiner said that were disappointing to
hear. For me as a taxpayer, the quality of the Assessing staff is an issue and | don’t understand why we
haven't been able to conclude an investigation with an Assessor who did not do his job for the month of
April, did not go out and inspect properties, is a confessed sex addict, has a number of issues and we
accept that. And that’s a problem for me.

President Wilshire

The problem here is | don’t think we need to be saying that about people in the City.
Ms. Ortolano |’m only saying what he said. Ok?

President Wilshire

It is not acceptable in our Chamber, thank you.

Ms. Ortolano Ok fine, that’s fine for you but you’re sitting up there and | am the taxpayer and this is the
person you have working in the office. And | notice that he came out tonight to sit with the crew. | notice
Ms. Walley isn’t here. She wasn’t invited. I’d like to know why somebody so valued isn’t here? I'd like to
understand that. But that’s a disappointment. I’d like to share something with you that | shared up at the
BTLA and as you know | had a big concern with permit data and also EYB. Let’s talk about EYB, Effective
Year Build. This was a big issue from the very first day you came out in September and talked about the
KRT meetings that were being set up. | think it was Mary Ann who talked about her District, having
concerns with EYB, The Mayor spoke about it. | started focusing on Effective Year Build as a concern
and | couldn’t get anyone in the Assessing Office to validate it. They wouldn’t speak with me, they wouldn’t
meet with me, they wouldn’t talk to us, they rejected any attempt we had for a meeting even though we met
with neighbors and we couldn’t get any confirmation.

Over the last couple of months investigating and digging deep and looking into records, | found a set of
notes that was a meeting with KRT on 10/11/18. It was about five days after | had a phone call with Rob
Tozier about my property and EYB and | was trying to figure out why they never came back and did an
inspection. We went to the Hearing on September 6" and no one showed up. On August 5"" | called KRT
in Haverhill and | said, “Why didn’t you come” and that’s when | learned that they were told by John
Duhamel we wouldn't let them in which was not true. But after that, he went and had a meeting with the
Board of Assessors where only one Board Member was there and Ms. Walley was asked to take notes. At
that meeting it said, in the record, KRT discovered that the Effective Year Build was being used to increase
depreciation. This is an ineffective measure for anything that has maintenance issues or anything that is