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Board of Aldermen — 3/22/16 Page 18

how it is worded. | don’t know that much is accomplished by going back to committee because again the
issues that were discussed are not germane to what is being done with this legislation in general. They’re just
not. A lot of the issues associated with landlord and tenant issues that’s not what this is. Remember this is
like defining a different fork in the road. Instead of going to court, we give a fine first. And by the way, nobody
forfeits their right to go to court if they decide they want to go to court. That’s not forfeited.

Alderman Moriarty

I'll follow Alderman Clemons’ lead. He heard the audience make a request. |, too, have listened to the
audience request.

MOTION ALDERMAN MORIARTY TO REFER O-16-003 TO PERSONNEL/ADMINISTRATIVE AFFAIRS
COMMITTEE

ON THE QUESTION
Alderman Clemons

| will support the motion unless someone thinks it should go to the Substandard Committee. If your motion
passes, Alderman Moriarty, and | will support it, | will look to reach out to you folks and try to figure out a way
that we can discuss the legislation in a smaller group first hopefully and then a larger group. That would be my
intention as the chair.

MOTION BY ALDERMAN DEANE TO AMEND TO SEND O-16-003 TO THE SUBSTANDARD LIVING
CONDITIONS

A Viva Voce Roll Call was taken, which resulted as follows:

Yea: Alderman Wilshire, Alderman Clemons, Alderman Deane, 9
Alderman Dowd, Alderman Schoneman, Alderman McGuinness,
Alderman LeBrun, Alderman Moriarty, Alderman McCarthy

Nay: Alderman Cookson, Alderman Caron, Alderman Siegel, 5
Alderman O’Brien, Alderman Lopez

MOTION CARRIED

O-16-004
Endorsers: Alderman Benjamin Clemons
Alderman-at-Large Michael B. O’Brien, Sr.
Alderman Tom Lopez
Alderman Richard A. Dowd
Alderman-at-Large Brian S. McCarthy
EXTENDING HOURS OF SALE OF ALCOHOLIC BEVERAGES BY ON-PREMISES LICENSEES
Given its second reading;

Alderman Clemons
The Personnel/Administrative Affairs Committee recommended that we indefinitely postpone O-16-004 so
despite the fact that this is my legislation; | will go with what the committee said and recommend indefinite

postponement.

MOTION BY ALDERMAN CLEMONS FOR INDEFINITELY POSTPONEMENT OF O-16-004

Board of Aldermen — 3/22/16 Page 19
ON THE QUESTION
Alderman Clemons

This is something that | actually had a request for. It came about from people that both work in the service
industry and people who patronize establishments. It came about in 2013 when the legislation was introduced
at the state house to allow cities and towns to do this. Although | wasn’t an alderman at the time, | agree with
it. | had a discussion with some of the aldermen, and it never came up. This time around, now that I’m on the
board, it’s one of the things | wanted to get done. | believe that we are at a disadvantage with our neighbors to
the south. There are folks in Nashua who will go to Tyngsboro. They will go to Lowell or other places in
Massachusetts and patronize those establishments because they stay open later. Some of the people that do
that do that because they like to go out at a later time. Some of them do it because they are getting off of their
shift of work and want to go out and have a drink, like the rest of us might want to do one night. The fact that
they have to drive to Tyngsboro when the state allows any city or town to adopt this, | don’t think is fair.
Furthermore, | think we’re doing the folks in our restaurants and in the service industry a disservice by not
allowing those establishments to stay open and compete with the places that are south of the border. It was
for those reasons that | brought this forward. | would ask that you not support indefinite postponement.

Alderman Siegel

| am going to recuse myself as | have a direct financial interest in the outcome of this as the CEO of a distilled
spirits company.

A Viva Voce Roll Call was taken, which resulted as follows:

Yea: Alderman Deane, Alderman Cookson, Alderman Dowd, 8
Alderman Caron, Alderman Schoneman, Alderman McGuinness,
Alderman LeBrun, Alderman Moriarty

Nay: Alderman Wilshire, Alderman Clemons, Alderman O’Brien, 5
Alderman Lopez, Alderman McCarthy

MOTION CARRIED

Alderman Siegel abstained from voting.

Ordinance O-16-004 declared indefinitely postponed.
NEW BUSINESS — RESOLUTIONS

R-16-020
Endorser: Mayor Jim Donchess
AUTHORIZING AN AGREEMENT TO RESTRUCTURE THE DEBT OF CLOCKTOWER HOUSING
ASSOCIATES LIMITED PARTNERSHIP

Given its first reading; assigned to the FINANCE COMMITTEE by President McCarthy

R-16-021
Endorsers: Alderman Richard A. Dowd
Alderman-at-Large Lori Wilshire
APPROVING THE COST ITEMS OF A COLLECTIVE BARGAINING AGREEMENT BETWEEN THE
NASHUA BOARD OF EDUCATION AND THE NASHUA ASSOCIATION OF SCHOOL PRINCIPALS
FROM JULY 1, 2015 THROUGH JUNE 30, 2018
Given its first reading; assigned to the BUDGET REVIEW COMMITTEE by President McCarthy

Board of Aldermen — 3/22/16 Page 20

R-16-022
Endorsers: Alderman June M. Caron
Alderman Don LeBrun
Alderman Richard A. Dowd
Alderman-at-Large Michael B. O’Brien, Sr.
AUTHORIZING THE MAYOR TO APPLY FOR AND EXPEND THE COMMUNITY DEVELOPMENT
BLOCK GRANT (“CDBG”) AND HOME INVESTMENT PARTNERSHIP PROGRAM GRANT FOR
FISCAL YEAR 2017
Given its first reading;

MOTION BY ALDERMAN CARON TO ACCEPT THE FIRST READING OF R-16-022, REFER IT TO THE
HUMAN AFFAIRS COMMITTEE AND THAT A PUBLIC HEARING BE SCHEDULED FOR MONDAY, APRIL
11, 2016, AT 7:00 PM IN THE ALDERMANIC CHAMBER

MOTION CARRIED

R-16-023
Endorsers: Mayor Jim Donchess
Alderman-at-Large Lori Wilshire
Alderman Ken Siegel
Alderman June M. Caron
Alderman-at-Large Michael B. O’Brien, Sr.

RELATIVE TO THE ACCEPTANCE AND APPROPRIATION OF $28,600 FROM THE NEW HAMPSHIRE
HIGHWAY SAFETY AGENCY INTO POLICE GRANT ACTIVITY “FY16 SUSTAINED TRAFFIC
ENFORCEMENT PROGRAM (STEP)”

Given its first reading; assigned to the HUMAN AFFAIRS COMMITTEE by President McCarthy

NEW BUSINESS — ORDINANCES - None

PERIOD FOR GENERAL PUBLIC COMMENT — None
REMARKS BY THE MEMBERS OF THE BOARD OF ALDERMEN
Alderman O’Brien

I’m very disappointed with the bill that just got passed as far as the ordinance. My years as a firefighter | have
seen good landlords, | have seen bad landlords. Particularly when | see in the situations of good landlords,
they are dedicated people that really supply good housing with the city. But | have seen some really bad ones,
and they don’t care too much about the people. These are the people that I’m very much concerned about.
Sometimes they are repeat customers that we unfortunately refer to them sometimes in the fire department.
I’m glad it went to the Substandard Living Committee. | hope the landlords here that wanted it to be tabled; |
hope they bring back legitimate and very well thought solutions because right now | thought this bill as written
was a good bill. It needed to be applied. If there was something wrong with it as we do in this Chamber all the
time, we adjust a law to fix it and make it even better. We didn’t get the get go on this so now we’re going back
to the drawing board. | am willing as a member of that committee to do my job and listen to the landlords and
their input. | hope that they do come back not to complain but to come up and make this especially for life
safety issues and other issues. We want to make Nashua a very viable city to live in. It’s our responsibility as
aldermen to make sure that the housing in this city is worthwhile and is a good domicile for these people to
grow and live. I’m willing to work in the future to see where this goes.

Alderman Lopez

| appreciate the leadership that Alderman Siegel has shown in addressing issues of substandard housing. |
worked with him before becoming an alderman and helping him to engage the community and get constituent
feedback. The overwhelming response that | have heard from my constituents consistently since the formation

Board of Aldermen — 3/22/16 Page 21

of that committee is that the city needs to be taking a larger role from the perspective of the constituents in
code enforcement. As was discussed in committee, as | was following the discussion and watching the reports
of the departments, the issue isn’t whether or not the code, itself, is solid. It’s whether it can be acted on ina
way that is meaningful to the needs of the tenants. | understand the arguments that were raised by the
landlords that came today. Some of them did email me and repeat those concerns. | also have been following
the Substandard Housing Committee since last fall. | also have reached out to several landlords in my ward
and invited them to observe what was going on in the committee, provide positive feedback because it was my
opinion early in the formation of that committee that having landlord be a positive voice in that committee to
discuss best practices to do what was actually described in the public committee of the landlords of Nashua
have this consistent policy. This is something you should be doing. | don’t think the city necessarily needs to
be in a position where it has to police problem landlords if the landlords will talk among themselves and
coordinate and reach an agreement as to what should be done and what shouldn’t be done. | do think we
need to step in when we have landlords who are not complying and have a pattern of that which is born out
both by the number of code violations they receive regularly and the interactions that they have had with the
police, the fire, etc. That does impact the city, and that does impact the people that are living in the buildings
who may not actually be the violators but victims of it. | was disappointed as well that this was sent back to the
Substandard Housing Committee because | think it is something that is very real to a lot of people who are
going home tonight without any resolution for immediate hope for it. Again | would like to commend Alderman
Siegel for taking up that cause the way that he has. | am happy that it is being forwarded to the Substandard
Housing Committee because | would like to see moving forward more landlords stepping up to say this is what
should be done and this is what shouldn't’ be done. While the city is responsible for the code and the
ordinances the landlords can speak to the actual application of them. | would like to see both sides working
together more to the benefits of our tenants and our constituents. | also wanted to as a side make a follow up
to a couple of weeks ago. Makelt Labs is still doing a campaign to receive CDFA money. That campaign
needs to receive pledges from anybody intending to support them by March 31“. As they are a tenant
effectively of city property and they are working to rehabilitate that property and put it in good order, | hope
everybody in the public is looking at that opportunity because it can benefit them professionally in terms of a
business and also help strengthen a very deserving program in our community.

President McCarthy

| would comment on the legislation that we just sent back to committee. Over the years | have had a lot of very
complex pieces of legislation that | authored, debated ad nauseam in committees and sent back to
committees. While | always find it frustrating that we move backwards instead of forward on those, | don’t think
| can say that I’ve ever seen a case where the end product was worse for having done that. Unfortunately
most of them have left, but | would like to encourage the landlords who are here to come and talk to the
committee. Let’s facilitate some dialogue. If there are things that need to happen, let’s do them. | think the bill
is good and workable the way it is. | think it will be better if the good landlords stand up here and say do it
rather than don’t. | would like to see us work with them in committee and come back with a bill. | don’t even
know if we need to change it. It may just be education of how the process is going to work. | did hear some
things about when we do the application that we may need to adjust, but | think with some more discussions
with the landlords we will have something that all of the good ones will endorse. | would encourage Alderman
Siegel and his committee to take that up and do a good job on that as you’ve done getting this far with the bill.

Committee announcements:

Alderman Clemons

There will be a Personnel/Administrative Affairs Committee meeting on April 4.
Alderman Dowd

Construction and Joint Special this Thursday at NHS North.

Board of Aldermen — 3/22/16 Page 22
Alderman Cookson

Infrastructure Committee tomorrow evening, March 23, at 7 PM in these Chambers.

Alderman Wilshire

Human Affairs is April 11". We will have a public hearing on the CDBG and also a presentation on opioids
discussion.

ADJOURNMENT

MOTION BY ALDERMAN WILSHIRE THAT THE MARCH 22, 2016, MEETING OF THE BOARD OF
ALDERMEN BE ADJOURNED

MOTION CARRIED

The meeting was declared adjourned at 9:35 p.m.

Attest: Patricia D. Piecuch, City Clerk

AGENDA MEETING OF THE BOARD OF ALDERMEN MARCH 22, 2016

10.
11.
12.

13.
14.

. PRESIDENT BRIAN S. McCARTHY CALLS ASSEMBLY TO ORDER

PRAYER OFFERED BY CITY CLERK PATRICIA PIECUCH

PLEDGE TO THE FLAG LED BY ALDERMAN DAVID SCHONEMAN

ROLL CALL

REMARKS BY THE MAYOR

RESPONSE TO REMARKS OF THE MAYOR

RECOGNITIONS

READING OF MINUTES OF PREVIOUS MEETING

Board Of AIGErMen.........cesccrsscsssecssssssssssssscentenesssonesenssserseseatersenees 03/8/16
COMMUNICATIONS

From: Len Fournler, Superintendent, Woodlawn/Pinewood Cemeteries
Re: Request for Joint Convention with Woodlawn Cemetery Board of Trustees

From: Mayor Jim Donchess
Re: Contract Award of Library HVAC Maintenance

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

PETITIONS
NOMINATIONS, APPOINTMENTS AND ELECTIONS

REPORTS OF COMMITTEE

Finance Committee 0.0.0.0... sec csececccecneessveeccosceucecsacesesessueaessessesaees 03/16/16
Human Affairs COmmittee..............:ccccccssesccensscsseesesccencscescecsssessseeneeseee 03/14/16
Personnel/Administrative Affairs Committee ...............cccccsccssssssereseseees 03/07/16
Planning & Economic Development Committee..................csesseccceeeeee 03/15/16

WRITTEN REPORTS FROM LIAISONS

CONFIRMATION OF MAYOR'S APPOINTMENTS

Cultural Connections Committee

Rafael Calderon (New Appointment) For a Term to Expire: February 28, 2018
394 Notre Dame Avenue

Manchester, NH 03102

Syivia E. Gale (New Appointment) For a Term to Expire: February 28, 2018

4 Clergy Circle
Nashua, NH 03064

Deepa Mangalat (New Appointment) For a Term to Expire: February 28, 2019

18 Wild Rose Drive
Nashua, NH 03063

Downtown Improvement Committee

Simon Sarris (New Appointment) For a Term to Expire: December 13, 2016

23 Auburn Street
Nashua, NH 03064

UNFINISHED BUSINESS —- RESOLUTIONS

R-16-007
Endorsers: Mayor Jim Donchess
Alderman-at-Large Lori Wilshire
Alderman June M. Caron
Alderwoman Mary Ann Melizzi-Golja
Alderman-at-Large Michael B. O’Brien, Sr.
Alderman Tom Lopez
RELATIVE TO THE ACCEPTANCE AND APPROPRIATION OF $40,000 FROM THE STATE
OF NEW HAMPSHIRE DEPARTMENT OF HEALTH AND HUMAN SERVICES INTO PUBLIC
HEALTH AND COMMUNITY SERVICES GRANT ACTIVITY “FY2016 AND FY2017 CLIMATE

AND HEALTH ADAPTATION PLAN (CHAP)”
e Human Affairs Committee Recommends: Final Passage

R-16-010
Endorsers: Mayor Jim Donchess
Alderman Richard A. Dowd
AUTHORIZING THE MAYOR AND CITY TREASURER TO INCREASE THE BOND
AUTHORIZATION FOR ROAD AND TRAFFIC IMPROVEMENTS ON AMHERST STREET
BETWEEN CHARRON AVENUE AND DIESEL ROAD AND ISSUE BONDS NOT TO EXCEED
THE AMOUNT OF ONE MILLION FOUR THOUSAND DOLLARS ($1,004,000)

e Anticipated Recommendation from Budget Review Committee Mtg of 3/21/16

R-16-011
Endorsers: Mayor Jim Donchess
Alderman Richard A. Dowd
Alderman-at-Large Michael B. O’Brien, Sr.
Alderman Don LeBrun

Alderman Sean M. McGuinness
RELATIVE TO THE ACCEPTANCE AND APPROPRIATION OF UP TO AN ADDITIONAL $62,000

FROM THREE PROPERTY OWNERS AS CONTRIBUTIONS TOWARD THE ROAD AND
TRAFFIC IMPROVEMENTS ON AMHERST STREET BETWEEN CHARRON AVENUE AND

DIESEL ROAD
e Anticipated Recommendation from Budget Review Committee Mtg of 3/21/16

R-16-016
Endorsers: Mayor Jim Donchess
Alderman Ken Siegel
Alderman-at-Large Brian S. McCarthy
Alderwoman Mary Ann Melizzi-Golja
AUTHORIZING THE CITY OF NASHUA TO ENTER INTO A FIRST AMENDMENT TO
LEASE AGREEMENT WITH MAKEIT LABS FOR A PORTION OF 25 CROWN STREET

e Finance Committee Recommends: Final Passage

R-16-017
Endorsers: Mayor Jim Donchess
Alderman-at-Large Lori Wilshire
Alderman Ken Siegel
Alderman June M. Caron
Alderwoman Mary Ann Melizzi-Golja
Alderman-at-Large Michael B. O’Brien, Sr.
Alderman Tom Lopez
RELATIVE TO THE ACCEPTANCE AND APPROPRIATION OF $70,000 FROM THE STATE
OF NEW HAMPSHIRE DEPARTMENT OF HEALTH & HUMAN SERVICES INTO PUBLIC
HEALTH AND COMMUNITY SERVICES GRANT ACTIVITIES “FY17 AND FY18
TUBERCULOSIS PROGRAM OF GREATER NASHUA”
e Human Affairs Committee Recommends: Final Passage

R-16-018
Endorsers: Mayor Jim Donchess
Alderman-at-Large Lori Wilshire
Alderman-at-Large Michael B. O’Brien, Sr.
Alderwoman Mary Ann Melizzi-Golja
Alderman Don LeBrun
Alderman Ken Siegel
Alderman June M. Caron
Alderman Richard A. Dowd
Alderman Tom Lopez
RELATIVE TO THE ACCEPTANCE AND APPROPRIATION OF $120,000 FROM THE STATE
OF NEW HAMPSHIRE DEPARTMENT OF HEALTH & HUMAN SERVICES INTO PUBLIC
HEALTH AND COMMUNITY SERVICES GRANT ACTIVITIES “FY17 AND FY18
IMMUNIZATION PROGRAM OF GREATER NASHUA”
e Human Affairs Committee Recommends: Final Passage

R-16-019
Endorsers: Mayor Jim Donchess
Alderman-at-Large Lori Wilshire
Alderman June M. Caron
Alderman Ken Siegel
Alderwoman Mary Ann Melizzi-Golja
Alderman-at-Large Michael B. O’Brien, Sr.
Alderman Don LeBrun
Alderman Tom Lopez
RELATIVE TO THE ACCEPTANCE AND APPROPRIATION OF $170,000 FROM THE STATE
OF NEW HAMPSHIRE DEPARTMENT OF HEALTH & HUMAN SERVICES INTO PUBLIC
HEALTH AND COMMUNITY SERVICES GRANT ACTIVITIES “FY17 AND FY18 STD & HIV
DISEASE CONTROL”
e Human Affairs Committee Recommends: Final Passage

UNFINISHED BUSINESS —- ORDINANCES

O-16-003
Endorsers: Mayor Jim Donchess
Alderman Ken Siegel
Alderman Don LeBrun
ADMINISTRATIVE ENFORCEMENT OF ORDINANCES
e Personnel/Administrative Affairs Committee Recommends: Final Passage as Amended

O-16-004

Endorsers: Alderman Benjamin Clemons
Alderman-at-Large Michael B. O’Brien, Sr.
Alderman Tom Lopez
Alderman Richard A. Dowd
Alderman-at-Large Brian S. McCarthy

EXTENDING HOURS OF SALE OF ALCOHOLIC BEVERAGES BY ON-PREMISES LICENSEES

e Personnel/Administrative Affairs Committee Recommends: Indefinite Postponement

NEW BUSINESS — RESOLUTIONS

R-16-020
Endorser: Mayor Jim Donchess
AUTHORIZING AN AGREEMENT TO RESTRUCTURE THE DEBT OF CLOCKTOWER HOUSING
ASSOCIATES LIMITED PARTNERSHIP

R-16-021
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
PRINCIPALS FROM JULY 1, 2015 THROUGH JUNE 30, 2018

R-16-022
Endorsers: Alderman June M. Caron
Alderman Don LeBrun
AUTHORIZING THE MAYOR TO APPLY FOR AND EXPEND THE COMMUNITY DEVELOPMENT
BLOCK GRANT (“CDBG”) AND HOME INVESTMENT PARTNERSHIP PROGRAM GRANT FOR
FISCAL YEAR 2017

R-16-023
Endorsers: Mayor Jim Donchess
Alderman-at-Large Lori Wilshire
RELATIVE TO THE ACCEPTANCE AND APPROPRIATION OF $28,600 FROM THE NEW
HAMPSHIRE HIGHWAY SAFETY AGENCY INTO POLICE GRANT ACTIVITY “FY16 SUSTAINED
TRAFFIC ENFORCEMENT PROGRAM (STEP)”

NEW BUSINESS — ORDINANCES

PERIOD FOR GENERAL PUBLIC COMMENT

REMARKS BY THE MEMBERS OF THE BOARD OF ALDERMEN
Committee announcements:

ADJOURNMENT

AMENDED
O-16-003

ORDINANCE

ADMINISTRATIVE ENFORCEMENT OF ORDINANCES

CITY OF NASHUA

In the Year Two Thousand and Sixteen

The City of Nashua ordains that Part II ‘General Legislation” of the Nashua Revised
Ordinances as amended, is hereby further amended by adding the following new Chapter as
follows:

“Chapter 74

ADMINISTRATIVE ENFORCEMENT OF ORDINANCES

§ 74-1. Citation authority.

City departments or officials charged with the responsibility for enforcing the ordinances and
codes of the city are hereby authorized to issue citations for any violation of the ordinances or
codes that they are responsible for enforcing. The enforcement authority provided hereby is
provided for in RSA 31:39-c and is in addition to the authority for ordinance and code
enforcement that currently exists.

§ 74-2. Citation defined.

A citation is a written and/or printed notice describing a specific violation of a city ordinance or
code which is served on the person responsible for the violation. Each day on which a violation
exists or occurs is a separate offense, and a citation may be issued for each offense. A citation
shall be served in the manner described in this chapter, and shall contain the following
information:

A. A clear and concise description of the violation.

The location of the violation and the date and time on which it was observed.
The name and address of the person responsible for the violation.

The penalty for the violation as provided for in this chapter.

A statement or table describing the penalties for future occurrences of the same violation.

am oO w

A statement as to whether the citation is being issued for a first, second, or subsequent
offense.