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Good morning Aldermen & Mayor Donchess,

You have all received on Monday June 13, 2016 the Memorandum referenced below from
Attorney Nicosia email. Once you read it, you will realize that it lists the same concerns
that were presented to you back at the last meeting by Attorney Nicosia. This is the same
meeting where | was naively under the impression you were willing to all actually work
on the redraft with Attorney Nicosia. | actually had hope that this poorly written
legislation would be redone the right way; where it actually considered all its effects on
All Nashua Citizens/Constituents and All Nashua Property Owners (single family
residence owners, all forms of residential rental properties owners, all forms of
commercial properties owners, all business owner renters, all renters from all forms of
residential rental properties).

Believe me, | was totally blown away when | found out that the ordinance came back as
originally written. Are you kidding me? This is like the federal government where the
republican party constantly refuse to reach across the aisle to compromise with the
democratic party or vice versa because they are the better party. When it should be
about doing what is best for All Americans not just a few! My parents raised me to not
slap stick my work or treat others unfairly. But that in everything you do everyday, to
always do your out most best, and keep in mind always how it will effect others around
you.

This ordinance as currently written:

-. Has loop holes, may be easily misinterpreted, lacks clear written procedural steps to be
understood by all.

-. Will increase court proceedings rather than lower them between city and property
owners. No savings to city there. Thus, force property owners to have no choice but to
raise prices on cost of goods sold or raise rents to cover these extra business costs not
currently budgeted (court costs, fines, etc). These then will make cost of goods sold and
housing even more unaffordable for low income families.

-. Will unfairly fine property owners for damage cause by mother nature, negligent
contractor, or code violations caused by a tenant. Instead of allowing due process to
property owner, will cause them to go to court. In the town of Durham, NH and others,
there is an administrative Appeal to town council prior to the ultimate imposition of the
fine for aggrieved property owners who have been issued a citation. The Nashua
housing code blue book references a board of Housing Appeals and Appeals for a
condemnation order but it has nothing that relates to appeals from these types of
citations.

-allows only 10 days to comply. What if job is complex? Contractor is
unavailable? Insurance or tenant issues? Even section 8 allows for 30 days for non life
threatening issues.

-allows selective enforcement and may be abused by third parties. Will arm residential
and commercial tenants with retaliatory measures to abuse process by intentionally
damaging property, notifying inspector resulting in administrative fine imposed on
property owner without due process and not as the true responsible party. Especially

From: Siegel, Ken [mailto:SiegelK@nashuanh.gov]

Sent: Friday, June 10, 2016 7:50 PM

To: Peter Nicosia <Nicosia@Nicosia-Associates.com>; Lovering, Susan <LoveringS@nashuanh.gov>

Cc: Clemons, Benjamin <ClemonsB@nashuanh.gov>; Cookson, Mark <CooksonM@nashuanh.gov>:
McCarthy, Brian <mccarthvb@nashuanh.gov>; doodlebugsS@comcast.net

Subject: RE: RE: Request for Continuance (Proposed Nashua Ordinance O-16-003, Chapter 74) Aldermen
Meeting June 14

Attorney Nicosia,

The Board of Aldermen is not a court of law. The decision of whether to postpone debate on this
legislation rests solely with the members of the board as a whole and not with any one member or
subset of members. Should the majority of members of the full board vote to table this legislation till
the next meeting then that will happen. If that does not happen then the legislation will be debated and
voted on at the meeting on June 14th.

Best regards,
Ken

Ken Siegel
Alderman Ward 9

From: Peter Nicosia [Nicosia@Nicosia-Associates.com]

Sent: Friday, June 10, 2016 3:31 PM

To: Lovering, Susan

Cc: Clemons, Benjamin; Cookson, Mark; Siegel, Ken; McCarthy, Brian; doodlebugs5@comcast.net
Subject: RE: RE: Request for Continuance (Proposed Nashua Ordinance O-16-003, Chapter 74) Aldermen
Meeting June 14

Hello again:

Having not received any response, I'm following up on the prior email below.
Please advise as to whether you will grant this brief professional courtesy of a two week extension.

Regards,

Peter J. Nicosia, Esquire

Nicosia & Associates, P.C.

PO Box 721

259 Middlesex Road,

Tyngsboro, MA 01879

T: 978-649-4300

F: 978-649-9306

E: nicosia@nicosia-associates.com<mailto:nicosia@nicosia-associates.com&gt;

The Telegraph

It's your Community.

Founded 1832
Editorial Board ¢ Jim Konig, publisher
Roger Carroll, editor

Kathleen MacFarline, evening news editor

594-6467 | fax: 882-2681 | letters@nashuatelegraph.com | The Telegraph, 17 Executive Drive, Hudson, NH 03051

Trump and Clinton
are not in same boat

Ms. Hubley is correct in her
letter “Trump and Clinton are
hardly equals” (June 1). Trump
has succeeded in leveling the
playing field by being a politically
incorrect nonpolitician and that’s
driving liberal progressives and
democratic socialists out of their
minds.

Trump eliminated the race,
woman, sex, gender, etc., cards
that Democrats have used for
years to garner votes. To me,
that’s refreshing. Trump has
a following equal or arguably
more grassroots than Hillary
Clinton and, if I’m not mistaken,
Iran, ISIS and Russia have taken
notice, so the “dangerous” card
won't work, either.

Trump actually has a success-
ful record of accomplishment
relating to economic develop-
ment and has learned from his
failures using established laws.

mvewy ove =

LETTERS TO THE EDITOR

Clinton doesn’t want to distin-
guish between legal and illegal
immigration because her voting
bloc doesn’t want to obey legal
immigration laws and policies.
Building the wall says it all for
Trump followers. Clinton’s slogan
is tired.

Finally, anyone who signs
a nondisclosure affidavit but
doesn’t comply with it is cul-
pable. Anyone who fails to secure
possessed classified information
is culpable. Anyone who mixes
personal and government clas-
sified information without prior
approval is culpable. Anyone who
destroys government property is
culpable. Furthermore, any-
one who mishandles classified
information shouldn’t be granted
a security clearance, which is
required to perform most presi-
dential duties.

To me, all of the above clearly
make Trump more qualified than
Clinton.

Timotiy C. Tiches
Nashua

if Trump were still
in middle school

If Donald Trump were a mid-
dle school student, he would have
been expelled trom school long
ago for repeated bad behavior.

Imagine your 13-year-old
daughter came home from school
complaining a boy made fun of
her because she menstruates.

What if your son asked, in con-
fusion and shame, whether dad
was a.rapist because he was not a
legal immigrant?

How would you feel if you
learned your child was being
publicly mocked because his dis-
ability caused his hands to shake?

You would be livid, and rightly
so.
You would demand the school
discipline the perpetrator and
ensure the bullying stopped.

Unfortunately, we have no
principal to call and must endure
Mr. Trump's bad behavior until
November.

Hopefully he will then be ex
pelled from the political process
and return to reality television.

David S. Robbins
Nashua

Landlord change

would be harmful

Regarding the change to the
way the city handles landlords:
Giving landlords only 10 days to
make non-safety repairs (cracked
glass, chipped paint, dented
vinyl, old weather stripping, etc.)
before a $50 fine is levied is cruel
and unusual treatment. Ever had
a contractor start a job and then
disappear? Or even get one to
give a quote on 10 days’ notice?
The urgency to prevent daily
new fines from piling up after
10 days skyrockets the repair
costs, which forces landlords to
raise rents for the money, hurting
consumers.

All landlords are asking for is
30 days to correct repairs that

OPINION

SUNDAY, JUNE 5, 2016 | PAGE ‘A-4

are not life-threatening, but the
aldermanic committee refused.
So if the aldermen vote for pas-
sage, the fine for repeated daily
minor infractions would be the
same for a leaky gas line or dan-
gerous wiring. Minor repairs and
ones that are critical should not
be on the same timetable.

Instead of the city taking a
landlord to court to determine
guilt prior to issuing a fine,
which is now the law, this new
law will allow the city to issue a
fine at the code officer’s discre-
tion, which allows selective
enforcement. Then the landlord
will have to take the city to court
to prove innocence. The city will
have shifted legal costs onto the
landlord to defend himself or
herself.

The ramifications of the bill,
because of two bad local land-
lords, will be massive for good,
hard-working landlords and ten-
ants who are struggling.

Bradley Whitney
Nashua

Lovering, Susan

From: Bob <rhkkeating@yahoo.com>

Sent: Monday, June 13, 2016 10:26 PM

To: Lovering, Susan

Subject: in support of 0-16-003 Adm. Enf. Ordinance

To the Nashua Board of Aldermen,

My name is Bob Keating. | live in Nashua at 5 Coburn Woods. As! am not able to attend tomorrow night’s meeting, |
wanted to write to all of you to ask for your support of adopting 0-16-003, Administrative Enforcement of Ordinances.
The ordinance gives a much needed tool for increasing compliance in the cases where repeated attempts to get needed
repairs completed have not occurred. As you are aware, the state legislature has enabled this kind of ordinance to be
implemented and we should take this opportunity to enact this ordinance so as to assist the work of the code
enforcement officers in getting needed repairs done.

| believe there has been sufficient time to get input from all parties. My wife Hilary and | volunteer with Granite State
Organizing Project in its work on safe housing and this, along with our experience as owners of rental property for over
30 years, have helped shape our viewpoint. Thanks for your consideration of supporting adoption of this new
ordinance.

Sincerely,
Bob Keating

Sent from Mail for Windows 10

From: James B. and Mary E. Cutter
86 Palm St., P.O. Box 69-Nashua, NH 03061 Ph. 889-4246
Date: June 14, 2016
To: Alderman-At-Large Brian S. McCarthy, President
Ce: Jim Donchess, Mayor, Steve Bolton, Corporaion Counsel,
Thomas Lopez, Alderman, Ward 4.
Subject: 1949 Plat Plan error at 88 Palm Street.

Dear Alderman McCarthy,

You have heard me talk many times about the City error that gave a

large part of our driveway/clothesline area to
We would like it very much if the

But, as far as I know,

Section 45 of the City Charter,
ordinances of the city.'.

Enclosed is a copy of,
for Mayor Donchess.

Sincerely,

a

it appears
helped because an ordinance would

'1949 Plat

the
of Aldermen

Gilbertsons.
Board helped us.
to be easier if Mayor Donchess
not be needed. I have found in
the Mayor ‘shall enforce the

Plan Error at 88 Palm Street.’

AGENDA MEETING OF THE BOARD OF ALDERMEN JUNE 14, 2016

1.

2.

3.

10.

11.

PRESIDENT BRIAN S. McCARTHY CALLS ASSEMBLY TO ORDER
PRAYER OFFERED BY CITY CLERK PATRICIA PIECUCH

PLEDGE TO THE FLAG LED BY NASHUA VETERANS AND NATIONAL ANTHEM
SUNG BY ALAN ST. LOUIS

ROLL CALL

REMARKS BY THE MAYOR

RESPONSE TO REMARKS OF THE MAYOR
RECOGNITIONS

Recognition of Emergency Preparedness StormReady Rating

READING OF MINUTES OF PREVIOUS MEETINGS AND PUBLIC HEARING

Special Board of Aldermen Public HearingS....................:00ceeeeeeeeeeeeeee 05/23/16
Board of AIGermen........0... cece ec cee cee ee ee eneeeeee tees eaaaeeeeeeeeeeeesaaaeeeeees 05/24/16
Special Board of Aldermen/Board of Public Works Joint Meeting ...... 05/31/16

COMMUNICATIONS

From: John Griffin, Chief Financial Officer
Re: Uncompleted Projects Status Report

From: Mayor Jim Donchess
Re: Contract Award with Sanborn, Head & Associates for Gas Collection and Control Services

From: Roger L. Houston, Planning Director and CIC Secretary

Re: Amendment to FY2017 Capital Improvement Program to Include the Rail Trail Lighting
Program, Prioritized as a Short-Term “A-1” Project; and the Southwest Park Rectangular
Fields, Prioritized as a long-Term Priority “B-3”

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

PETITIONS

NOMINATIONS, APPOINTMENTS AND ELECTIONS

12. REPORTS OF COMMITTEE

Budget Review Committee ...............0. ccc cccececeeeeeeeeeeeeeteeetetteseeeeeeeeeeeeees 05/19/16
Budget Review Committee ...............0c cc cceeecceeeeeeeeeeeeeeeeeeeeeteteeeeeeeeeees 05/23/16
Budget Review Committee ...............0. ccc cececeeeeeeeeeeeeeteteteteeeeeeeeeeeeeeeee 05/31/16
Budget Review Committee ...............0. ccc ceecceeeeeeeeeeeeeteteteteeeeeeeeeeeeeeeeeee 06/02/16
Finance Committee..........0.0 0c cccceceeeceeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeees 06/01/16
Personnel/Administrative Affairs Committee .............0..ccccccceeeeeeeeeeetees 06/06/16
Planning & Economic Development Committee...............0. cee 05/17/16
Planning & Economic Development Commiittee................. eee 06/07/16

Substandard Living Conditions Special Committee... ee 05/26/16

13. WRITTEN REPORTS FROM LIAISONS
14. CONFIRMATION OF MAYOR'S APPOINTMENTS
Conservation Commission

William S. Parker (New Appointment) For a Term to Expire: December 31, 2018
1 Rockland Street

Nashua, NH 03064

e Tabled until 6/14/16

Business & Industrial Development Authority

Kim Reagan (New Appointment) For a Term to Expire: May 1, 2019
30 Temple Street, Suite 400
Nashua, NH 03060

UNFINISHED BUSINESS — RESOLUTIONS

R-16-030
Endorsers: Mayor Jim Donchess

Alderman Richard A. Dowd
Alderman-at-Large Lori Wilshire
Alderwoman Mary Ann Melizzi-Golja
Alderman-at-Large Michael B. O’Brien, Sr.
Alderman-at-Large Brian S. McCarthy

CREATING A SPECIAL REVENUE FUND FOR SCHOOL CAREER AND TECHNICAL

EDUCATIONS (CTE) TUITION FEES

e Budget Review Committee Recommends: Final Passage

R-16-033
Endorser: Mayor Jim Donchess
AUTHORIZING THE MAYOR AND CITY TREASURER TO ISSUE BONDS NOT TO
EXCEED THE AMOUNT OF TWO MILLION TWO HUNDRED THOUSAND DOLLARS
($2,200,000) FOR THE PURCHASE AND INSTALLATION OF A CITYWIDE TELECOM
SYSTEM
e Budget Review Committee Recommends: Final Passage

R-16-035
Endorsers: Mayor Jim Donchess
Alderman Ken Siegel
Alderman-at-Large Daniel T. Moriarty
RELATIVE TO THE RESCINDING OF AUTHORIZED UNISSUED DEBT
e Budget Review Committee Recommends: Final Passage

R-16-036

Endorsers: Mayor Jim Donchess
Alderman-at-Large Lori Wilshire
Alderman June M. Caron
Alderman-at-Large Mark S. Cookson
Alderman Tom Lopez
Alderman-at-Large Michael B. O’Brien, Sr.
Alderwoman Mary Ann Melizzi-Golja

UPDATING THE FINANCIAL STANDARDS FOR THE CITY’S WELFARE GUIDELINES
e Personnel/Administrative Affairs Committee Recommends: Final Passage

R-16-037
Endorsers: Alderman Richard A. Dowd
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 Tom Lopez
Alderman-at-Large Brian S. McCarthy
AUTHORIZING THE TRANSFER OF UP TO $1,146,336 FROM THE SCHOOL CAPITAL
RESERVE FUND INTO CAPITAL PROJECT ACTIVITY “SCHOOL HVAC IMPROVEMENTS”
FOR THE PURPOSE OF IMPROVING HVAC SYSTEMS AT VARIOUS SCHOOLS
e Budget Review Committee Recommends: Final Passage

UNFINISHED BUSINESS — ORDINANCES

O-16-003, Amended
Endorsers: Mayor Jim Donchess
Alderman Ken Siegel
Alderman Don LeBrun
ADMINISTRATIVE ENFORCEMENT OF ORDINANCES
e Substandard Living Conditions Special Committee Recommends: Final Passage as Further
Amended

O-16-010
Endorser: Alderman-at-Large David W. Deane
ADOPTION OF AMENDMENTS TO MERIT EMPLOYEE RULES AND REGULATIONS EFFECTIVE

JULY 1, 2016
e Personnel/Administrative Affairs Committee Recommends: Indefinite Postponement

O-16-011
Endorsers: Alderman Don LeBrun
Alderman Ken Siegel

Alderman David Schoneman

Alderman Tom Lopez
ADOPTING PROVISIONS FOR REDUCED TAXATION FOR CERTAIN CHARTERED
PUBLIC SCHOOL FACILITIES
e Tabled at Full Board Level — 5/10/16

O-16-012
Endorser: Mayor Jim Donchess
MOVING PARKING OVERSIGHT AND MANAGEMENT FROM THE TRANSPORTATION
DEPARTMENT IN THE COMMUNITY DEVELOPMENT DIVISION TO THE OFFICE OF

ECONOMIC DEVELOPMENT IN THE MAYOR’S OFFICE
e Personnel/Administrative Affairs Committee Recommends: Final Passage

NEW BUSINESS — RESOLUTIONS

R-16-039
Endorser: Mayor Jim Donchess
AUTHORIZING THE CITY OF NASHUA TO ENTER INTO CONTRACTS WITH NASHUA
COMMUNITY COLLEGE, RIVIER UNIVERSITY, DANIEL WEBSTER COLLEGE, TOWN OF
HUDSON, TOWN OF MERRIMACK, SOUHEGAN VALLEY TRANSPORTATION
COLLABORATIVE, AND THE PLUS COMPANY FOR TRANSIT SERVICES

R-16-040
Endorser: Alderwoman Mary Ann Melizzi-Golja
AUTHORIZING THE MAYOR AND CITY TREASURER TO ISSUE BONDS NOT TO EXCEED
THE AMOUNT OF ONE MILLION SIX HUNDRED FIFTY THOUSAND DOLLARS ($1,650,000)
FOR THE SPIT BROOK ROAD FIRE STATION 3 BUILDING RENOVATIONS

R-16-041

Endorsers: Mayor Jim Donchess

Alderman June M. Caron

Alderwoman Mary Ann Melizzi-Golja
RELATIVE TO THE TRANSFER OF $25,000 FROM DEPARTMENT 159 — OTHER PUBLIC
SAFETY, ACCOUNTING CLASSIFICATION 54 —- PROPERTY SERVICES, HYDRANT FEES TO
DEPARTMENT 109 — CIVIC & COMMUNITY ACTIVITIES, ACCOUNTING CLASSIFICATION 56 —
OUTSIDE AGENCIES FOR THE PURPOSE OF DONATING TO THE NASHUA ASSOCIATION
FOR THE ELDERLY

R-16-042
Endorser: Mayor Jim Donchess
ESTABLISHING POLLING TIMES FOR THE STATE PRIMARY ELECTION ON SEPTEMBER 13,
2016 AND THE STATE GENERAL ELECTION ON NOVEMBER 8, 2016

R-16-043
Endorsers: Mayor Jim Donchess
Alderman-at-Large Lori Wilshire
Alderwoman Mary Ann Melizzi-Golja
RELATIVE TO THE ACCEPTANCE AND APPROPRIATION OF $63,648 FROM THE
DEPARTMENT OF HOMELAND SECURITY INTO FIRE GRANT ACTIVITY “FY2015
ASSISTANCE TO FIREFIGHTERS GRANT”

NEW BUSINESS — ORDINANCES
O-16-013
Endorser: Mayor Jim Donchess
INCREASING THE COMPENSATION OF ELECTION OFFICIALS
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.

B. The location of the violation and the date and time on which it was observed.

C. The name and address of the person responsible for the violation.

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

E. A statement or table describing the penalties for future occurrences of the same violation.
F. A statement as to whether the citation is being issued for a first, second, or subsequent

offense.