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A special meeting of the Board of Aldermen was held Tuesday, October 10, 2017, at 7:00 p.m. in the
Aldermanic Chamber.

President Brian S. McCarthy presided; City Clerk Patricia D. Piecuch recorded.

Prayer was offered by City Clerk Patricia D. Piecuch; Alderman Sean McGuinness led in the Pledge
to the Flag.

The roll call was taken with 12 members of the Board of Aldermen present; Alderman Clemons, Alderman
Cookson and Alderman Lopez were recorded absent.

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

PUBLIC HEARING

R-17-119
RELATIVE TO A BALLOT REFERENDUM TO ALLOW KENO
WITHIN THE CITY OF NASHUA
Testimony in Favor — None
Testimony in Opposition — None
Testimony in Favor — None

Testimony in Opposition — None

ADJOURNMENT

MOTION BY ALDERMAN WILSHIRE TO ADJOURN
MOTION CARRIED

The meeting was declared adjourned at 7:04 p.m.

Attest: Patricia D. Piecuch, City Clerk

Board of Aldermen — 10/09/17 Page 2
MOTION CARRIED
Resolution R-17-138 given its second reading

MOTION BY ALDERMAN DOWD FOR FINAL PASSAGE OF R-17-138
MOTION CARRIED

Resolution R-17-138 declared duly adopted.

READING MINUTES OF PREVIOUS MEETING

MOTION BY ALDERMAN WILSHIRE THAT THE MINUTES OF THE BOARD OF ALDERMEN
MEETING OF SEPTEMBER 26, 2017, BE ACCEPTED, PLACED ON FILE, AND THE READING
SUSPENDED

MOTION CARRIED

COMMUNICATIONS

MOTION BY ALDERMAN SIEGEL THAT ALL COMMUNICATIONS BE READ BY TITLE ONLY
MOTION CARRIED

From: Mayor Jim Donchess
Re: Communication — Retiree Drug Subsidy “Reopening” Plan Years 2012 and 2013

MOTION BY ALDERMAN SIEGEL TO ACCEPT, PLACE ON FILE AND AUTHORIZE THE CITY TO
ENTER INTO THE SERVICE AGREEMENT AND BUSINESS ASSOCIATE AGREEMENT WITH PART D
ADVISORS, INC.

MOTION CARRIED

From: Brian S. McCarthy, President, Board of Aldermen
Re: Aldermanic Member — Citizens Advisory Commission for Community Grants

MOTION BY ALDERMAN WILSHIRE TO ACCEPT, PLACE ON FILE AND CONCUR WITH THE
APPOINTMENT OF ALDERMAN JUNE M. CARON TO THE CITIZENS ADVISORY COMMISSION FOR
COMMUNITY GRANTS

MOTION CARRIED

From: Brian S. McCarthy, President, Board of Aldermen
Re: Appointments to Nashua Rail Transit Committee

MOTION BY ALDERMAN CLEMONS TO ACCEPT, PLACE ON FILE AND CONCUR WITH
THE APPOINTMENT OF ALDERMAN MCCARTHY AND ALDERMAN O’BRIEN TO THE
NASHUA RAIL TRANSIT COMMITTEE

MOTION CARRIED

MOTION BY ALDERMAN MORIARTY THAT THE RULES BE SO FAR SUSPENDED AS TO
ALLOW FOR THE INTRODUCTION OF A COMMUNICATION RECEIVED AFTER THE
AGENDA WAS PREPARED

MOTION CARRIED

From: Alderman-at-Large Daniel T. Moriarty
Re: Pro and Con Information re: Ballot Question on the Performing Arts Center

Board of Aldermen — 10/09/17 Page 3

MOTION BY ALDERMAN MORIARTY TO ACCEPT AND PLACE ON FILE
MOTION CARRIED

Alderman Moriarty

| was hoping to speak on that. When would be the appropriate time to do that?

President McCarthy

The communication has been accepted by the Board. If you wish to speak, probably under Remarks by
Members of the Board at the end would be appropriate. Did you raise your hand when | asked for
discussion?

Alderman Moriarty

| did, yes. | apologize if it wasn’t high.

President McCarthy

I’ll allow some discussion, but not an entire reading of it because we did vote to read communications by
title only.

Alderman Moriarty

I'll be quick. The more | thought about this, I’m inclined to do nothing and let the voters of Nashua make
up their minds on their own without the interference with the Board of Aldermen. | did find that what we
have is two laws that seem to be inconsistent with each other. We have a state law and we have a city
law. The state law says that city staff are not supposed to do anything ever to effect a ballot question.
Then we have a city law that says that the city staff is supposed to provide pro and con information about
a ballot question. The state law, RSA 659:44-a says that no public employee while in performance of their
duties shall electioneer and such a thing is a misdemeanor. | personally don’t want to encourage any city
staff, Director Cummings or the City Clerk, to do anything that might be in violation of the electioneering
statute, to put them at risk at a misdemeanor.

Meanwhile, we do have a city law that says whenever a measure is submitted to vote by the qualified
voters of the City of Nashua that the city charter and corporation counsel shall prepare pro and con
arguments for this, assuming that that submission is pursuant to Sections 98 through 108 of the city
charter. | went back and read the motion when that was made to put the Performing Arts Center on the
ballot as question, and there is no mention of what section of the Charter was used. | have a question to
Alderman Clemons since he made the motion. I’m not picking on you, but you made the motion. So | will
ask you the question: When you made the motion to create the ballot question, what Charter section were
you using to give the Board of Aldermen the authority to put that question on the ballot?

President McCarthy

I’m going to pose that question to Corporation Counsel, who would be in a better position to know what
our rights are to put questions on the ballot.

Attorney Bolton

| don’t pretend to know what Alderman Clemons was thinking in his own mind as to whether any particular
authorizing legislation was impacted. | would say that if a measure was going to be referred to the voters
pursuant to the Charter provisions, really 102, but 98 all the way through 108, the proper way to do that
would have been to amend the introductory language as the charter provides to say: “Be it resolved by the

Board of Aldermen — 10/09/17 Page 4

City of Nashua, upon a vote referred to them by the Board of Aldermen of the City of Nashua.” Words to
that effect are mandated if you are going to have a binding resolution pursuant to those sections.

| particularly asked at that meeting if Alderman Clemons was thinking of a non-binding resolution. His
comment to me was yes, that was what he was envisioning. Those provisions, 98 through 108,
themselves, envision a measure that takes effect if there’s an affirmative vote of the qualified voters. The
very nature of a non-binding referendum is that it is advisory to the Board and the underlying action does
not take effect but merely provides information to the Board.

A combination of all of those things leads me to believe that we are not talking about something that’s
pursuant to 98 through 108, the Charter provisions. There’s also an ordinance provisions, Section 23-15,
which talks about information for voters in the form of pro and con statements. That being the case, |
interpret this to be just a method by which the Board of Aldermen is ordering the prudential affairs of the
city, which it has the right to do, pursuant to RSA 47:17. By prudential affairs, we’re talking about the
finances chiefly of the city. Other matters as well, but certainly finances are included. The underlying
measure here is to have a referendum to advise the Board of Aldermen on a matter that is pertaining to
the prudential affairs of the city. That’s where | see the authority for it.

Alderman Moriarty

A very good answer. Thank you, Attorney Bolton.

Attorney Bolton

You're welcome.

Alderman Moriarty

RSA 47:17 appears to be the statute which allows us to put a non-binding question on the ballot, and as
such doesn’t fall under NRO 23-15 and we are not required to provide pro and con information.

Attorney Bolton

That has been our analysis in the legal department.

Alderman Moriarty
I’m glad we had the discussion and think in advance of tonight’s Board of Aldermen meeting. With that, 1’ll

just leave it and say again | just want city staff to be mindful of RSA 659:44 which says don’t do anything
that might be construed as electioneering because it is a misdemeanor. Thank you.

President McCarthy

Attorney Bolton, is it your opinion that the question that’s being asked falls under the auspices of that
RSA?

Attorney Bolton

If we’re not going to provide it, | don’t have to worry about committing a misdemeanor. |’m fine with the
way we are leaving it.

President McCarthy

Do you believe it would be a misdemeanor if pros and cons were provided on a non-binding question?

Board of Aldermen — 10/09/17 Page 5

Attorney Bolton

| believe if one had the ability to write a pro statement and a con statement that satisfied 100 percent of
the people on both sides of the issue then one would be very safe from being accused of violating that
statute. However, human nature being what it is, my prediction would be that someone would not be
happy and would think that the pro statement was too pro or the con statement was too weak, or vice
versa. The possibility of having that statute waved around would be great. Whether a prosecutor would
bring a case, whether a jury would convict, that’s another question.

Alderwoman Melizzi-Golja

Through you to Attorney Bolton. | have had residents of the city, constituents of mine and constituents of
other ward aldermen, ask me where they can find information regarding the performing arts center study,
the minutes from the meetings, and the minutes from the special meeting that the board of aldermen had
regarding keno. At last week’s PEDC meeting, | suggested to Director Cummings that those at least be
posted on the home page because many people have difficulty navigating our website and don’t know
where to find this information. Would you view posting the links to that information, just public record
information that is out there, and making it more accessible to our residents and our voters,
electioneering?

Attorney Bolton

No.

PERIOD FOR PUBLIC COMMENT RELATIVE TO ITEMS EXPECTED TO BE ACTED UPON THIS EVENING
None

PETITIONS — None

NOMINATIONS, APPOINTMENTS AND ELECTIONS

Appointments by the Mayor

The following appointments by the Mayor were read into the record:

Business & Industrial Development Authority

Carl Andrade (Reappointment) Term to Expire: September 13, 2019

10 Clydesdale Circle

Nashua, NH 03062

Citizens Advisory Commission for Community Grants

Beth Quarm Todgham (New Appointment) Term to Expire: October 1, 2018
14 Alice Drive

Nashua NH 03063

Patricia Casey (New Appointment) Term to Expire: October 1, 2019

15 Pine Hill Avenue

Nashua, NH 03064

Jason Telerski (New Appointment) Term to Expire: October 1, 2019

5 Shakespeare Road
Nashua, NH 03062

Board of Aldermen — 10/09/17 Page 6

Michael Apfelberg (New Appointment) Term to Expire: October 1, 2020
7 Edson Street
Nashua, NH 03064

Planning Board

Maggie Harper, Alternate (New Appointment) Term to Expire: March 31, 2020

3 Taft Street

Nashua, NH 03060

MOTION BY ALDERMAN CLEMONS TO ACCEPT THE APPOINTMENTS BY THE MAYOR AS READ
AND REFER THEM TO THE PERSONNEL/ADMINISTRATIVE AFFAIRS COMMITTEE

MOTION CARRIED

Appointments by the President of the Board of Aldermen

The following appointments by the President of the Board of Aldermen were read into the record:\

Citizen Advisory Commission for Community Grants

Michael Joseph (New Appointment) Term to Expire: October 1, 2018
184 Main Street
Nashua, NH 03060

Jennifer Bishop-Saucier (New Appointment) Term to Expire: October 1, 2020
359B Main Street
Nashua, NH 03060

MOTION BY ALDERMAN CLEMONS TO ACCEPT THE APPOINTMENTS BY THE PRESIDENT OF THE
BOARD OF ALDERMEN AS READ AND REFER THEM TO THE PERSONNEL/ADMINISTRATIVE
AFFAIRS COMMITTEE
MOTION CARRIED
REPORTS OF COMMITTEE

Human Affairs Committee 20.00... cecccccececaeececeeeeseeeeeaecenaeeeeaneernaess 10/04/17

There being no objection, President McCarthy declared the report of the October 4, 2017, Human Affairs
Committee accepted and placed on file.

Committee on Infrastructure. .........c. cece cccececececcecceceeeeeaceeeaeeesaueetraeeeraneers 09/27/17

There being no objection, President McCarthy declared the report of the September 27, 2017, Committee on
Infrastructure accepted and placed on file.

Planning & Economic Development Committee ...............c eee 10/03/2017

There being no objection, President McCarthy declared the report of the October 3, 2017, Planning &
Economic Development Committee accepted and placed on file.

WRITTEN REPORTS FROM LIAISONS — None

CONFIRMATION OF MAYOR'S APPOINTMENTS - None

Board of Aldermen — 10/09/17 Page 7

UNFINISHED BUSINESS — RESOLUTIONS

R-17-129
Endorsers: Alderman-at-Large Mark S. Cookson
Alderman Don LeBrun
FOR THE CITY TO RESEARCH THE FEASIBILITY OF PURCHASING THE FORMER DANIEL
WEBSTER COLLEGE PROPERTY LOCATED AT 20 UNIVERSITY DRIVE
Given its third reading;

Alderman Schoneman

| wanted to point out for Alderman Cookson’s absence, he did text me saying he is running late. He will be
here as soon as he can. He’s on his way.

MOTION BY ALDERMAN DOWD FOR INDEFINITE POSTPONEMENT OF R-17-129
MOTION CARRIED

Resolution R-17-129 declared indefinitely postponed.

R-17-132
Endorsers: Mayor Jim Donchess
Alderman-at-Large Lori Wilshire
Alderwoman Mary Ann Melizzi-Golja
Alderman June M. Caron
Alderman-at-Large Michael B. O’Brien, Sr.
Alderman-at-Large Daniel T. Moriarty
Alderman Ken Siegel
Alderman Tom Lopez
Alderman-at-Large David W. Deane
Alderman Don LeBrun
RELATIVE TO THE ACCEPTANCE AND APPROPRIATION OF $78,273 FROM THE DEPART-
MENT OF HOMELAND SECURITY INTO FIRE GRANT ACTIVITY “FY2016 ASSISTANCE TO
FIREFIGHTERS GRANT”
Given its second reading;

MOTION BY ALDERMAN WILSHIRE FOR FINAL PASSAGE OF R-17-132
MOTION CARRIED

Resolution R-17-132 declared duly adopted.

R-17-133
Endorser: Mayor Jim Donchess
Alderman-at-Large Lori Wilshire
Alderman Ben Clemons
Alderman Richard A. Dowd
Alderwoman Mary Ann Melizzi-Golja
Alderman-at-Large Michael B. O’Brien, Sr.
Alderman Tom Lopez
Alderman-at-Large Brian S. McCarthy
AUTHORIZING THE CITY TO ENTER INTO A MEMORANDUM OF UNDERSTANDING WITH
THE BOSTON SURFACE RAILROAD COMPANY, INC.
Given its second reading;

MOTION BY ALDERMAN WILSHIRE FOR FINAL PASSAGE OF R-17-133
MOTION CARRIED

Board of Aldermen — 10/09/17 Page 8
Resolution R-17-133 declared duly adopted.
R-17-135
Endorser: Mayor Jim Donchess
RELATIVE TO THE APPROVAL OF THE DOWNTOWN RIVERFRONT MASTER PLAN ADOPTED

BY THE CITY PLANNING BOARD
Given its second reading;

MOTION BY ALDERWOMAN MELIZZI-GOLJA FOR FINAL PASSAGE OF R-17-135

ON THE QUESTION

Alderwoman Melizzi-Golja

| just want to point out that Director Marchant gave everyone who was at PEDC of this manual with the
information around the proposal. If you did not receive on in your mailbox, please let her know. She has it
available for you. As you heard that evening, this is looking at the riverfront development from the Millyard
Technology Park to the Rail Bridge out near BAE to the east side of the library. Thank you.

Alderman Schoneman

| was at that PEDC meeting, and | thought it was a great presentation. | think it is a wonderful plan. For
anyone who is watching at home and wondering about costs, there will certainly be a cost as this plan is
developed. Adopting the plan doesn’t obligate us to that cost. It is just a plan to look at the future to see what
we can do to improve the waterfront access and the aesthetic value of the waterfront to the city. We will take a
look at the various phases and expenditures as time moves on.

Alderman Dowd

We also discussed at that meeting, even though I’m not a member, that in putting that forward it would be a
phased approach no matter what we did, so it would not all be done at one time.

MOTION CARRIED

Resolution R-17-135 declared duly adopted.

UNFINISHED BUSINESS — ORDINANCES — None

NEW BUSINESS — RESOLUTIONS

R-17-139
Endorser: Mayor Jim Donchess
AUTHORIZING THE CITY OF NASHUA TO ENTER INTO A LEASE AGREEMENT WITH ABSOLUTE
BROADCASTING, LLC FOR A PORTION OF 1 PINE STREET EXTENSION

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

Board of Aldermen — 10/09/17 Page 9

R-17-140
Endorser: Mayor Jim Donchess
Alderman-at-Large Lori Wilshire
Alderman Richard A. Dowd
Alderman June M. Caron
Alderwoman Mary Ann Melizzi-Golja
Alderman-at-Large Michael B. O’Brien, Sr.
RELATIVE TO THE ACCEPTANCE AND APPROPRIATION OF $32,000 FROM THE NEW
HAMPSHIRE CHARITABLE FOUNDATION INTO PUBLIC HEALTH AND COMMUNITY
SERVICES GRANT ACTIVITY “FY2018 NHCF SUBSTANCE ABUSE PREVENTION”
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 Caron

I’d like to extend my condolences to Jim Sanderson’s family who passed away in Florida over the weekend.
Jim Sanderson was a longtime coach and friend to the Parks and Recreation Department. He worked very
hard to teach kids baseball. He was a coach for over 40 years. He worked alongside the other Mr. Baseball,
which was Ray Orban. | considered Jim a friend when | needed help for our basketball program for our senior
boys. He stepped in and continued to coach in that program for another 15 years. The community has lost a
wonderful citizen and person who was involved with the youth of Nashua. My heart goes out to Jim’s family,
Gail and their daughters. Thank you.

Committee announcements:

Alderman Clemons

Personnel/Administrative Affairs next Monday at 7:00 p.m. here in the Chamber.

Alderman Schoneman

Infrastructure, tomorrow night, October 11, here in the Chamber at 7:00 p.m.

Alderwoman Melizzi-Golja

PEDC next Tuesday here in the Chamber at 7:00 p.m.

ADJOURNMENT

MOTION BY ALDERMAN WILSHIRE THAT THE OCTOBER 10, 2017 MEETING OF THE BOARD OF
ALDERMEN BE ADJOURNED

MOTION CARRIED

The meeting was declared adjourned at 8:02 p.m.

Attest: Patricia Piecuch, City Clerk

To: Members of the Board of Aldermen

From: Alderman-at-large Dan Moriarty

Date: October 10", 2017

Submitted for acceptance at the October 10" regular Board of Aldermen.

Summary: The Aldermen should request that the City Clerk prepare pro and con information to
inform the public about the ballot question on the performing arts center. However; if the City
staff feel they cannot safely prepare information that does not violate RSA 659:44-a in which
case no further action will be taken regarding informing the public relative to the arts center
ballot question — and avoid committing a misdemeanor.

First: there is a state law which forbids public employees from trying to affect the outcome of an
election.

659:44-a Electioneering by Public Employees. — No public employee, as defined in RSA 273-
A:1, IX, shall electioneer while in the performance of his or her official duties or use government
property, including, but not limited to, telephones, facsimile machines, vehicles, and computers,
for electioneering. For the purposes of this section, "electioneer" means to act in any way
specifically designed to influence the vote of a voter on any question or office. Any person who
violates this section shall be guilty of a misdemeanor.

Second: Nashua Revised Ordinances 23-15 states that the city shall provide pro and con
information to the voters explaining a ballot question. It is possible that enacting 23-15 could be
inconsistent with RSA 659:4-a so care must be taken.

Chapter 23: Elections and Campaigns

Article tlt Referendum Questions

23-15 Information and arguments

Whenever a measure is submitted to a vote by the qualified voters of the City pursuant to Sections 98
through 108 of the City Charter, the City Solicitor/Corporation Counsel shall prepare, and the City Clerk
shall publish, information and arguments pro and con upon each measure. Such information and
arguments shall, prior to publication, be approved by 2/3 of the Board of Aldermen, and publication
shall be accomplished by the printing of such information and arguments in a newspaper of general
circulation in the City not less than seven days prior to the day the measure is to be voted upon. The City
Clerk may also take such steps as he shall deem appropriate to give such information and arguments as
wide a distribution among the voters as possible.

Next: Charter section 102 says that the Board of Aldermen is allowed to have the city vote on a
question about a topic the Aldermen normally has authority over. We have made use of this
clause in order to generate the ballot question on the arts center.

§ 102. Referendum measure from board of education submitted to popular vote, when

The board of aldermen may, of its own motion, and shall, upon request of the board of
education in case of a measure originating with said board of education and pertaining to the
affairs under its administration, submit to a vote of the qualified voters of the city for adoption or
rejection, at a general or special municipal election, any proposed measure, or a proposition for
the repeal or amendment of any measure, which the respective board may, after this act [charter]