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Board Of Aldermen - Minutes - 5/26/2020 - P14

By dnadmin on Sun, 11/06/2022 - 23:11
Document Date
Tue, 05/26/2020 - 00:00
Meeting Description
Board Of Aldermen
Document Type
Minutes
Meeting Date
Tue, 05/26/2020 - 00:00
Page Number
14
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/boa_m__052620…

Board of Aldermen 5-26-2020 Page 14

R-20-040
Endorser: Mayor Jim Donchess
Alderman Linda Harriott-Gathright
Alderman-at-Large David C. Tencza
Alderman-at-Large Michael B. O’Brien, Sr.
Alderman Richard A. Dowd
Alderman Jan Schmidt
AUTHORIZING THE MAYOR AND CITY TREASURER TO BORROW FROM THE NEW
HAMPSHIRE DEPARTMENT OF ENVIRONMENTAL SERVICES STATE REVOLVING LOAN
FUND AN ADDITIONAL AMOUNT NOT TO EXCEED TWO MILLION FIVE HUNDRED THOUSAND
DOLLARS ($2,500,000) FOR PUMP STATION UPGRADES
Given its first reading;

MOTION BY ALDERMAN DOWD TO ACCEPT THE FIRST READING OF O-20-040 BY ROLL CALL,
ASSIGN IT TO THE BUDGET REVIEW COMMITTEE AND THE BOARD OF PUBLIC WORKS AND
THAT A PUBLIC HEARING BY THE BOARD OF ALDERMEN BE SCHEDULE FOR WEDNESDAY,
JUNE 10, 2020, AT 7:00 P.M. VIA WEBEX

A viva voce roll call was taken which resulted as follows:

Yea: Alderman O’Brien, Alderman Klee, Alderwoman Kelly, Alderman Dowd,
Alderman Caron, Alderman Clemons, Alderman Lopez, Alderman Tencza,
Alderwoman Lu, Alderman Jette, Alderman Schmidt,
Alderman Cleaver, Alderwoman Harriott-Gathright, Alderman Wilshire 14

Nay: 0
MOTION CARRIED

R-20-041
Endorser: Alderman-at-Large David C. Tencza
Alderman-at-Large Ben Clemons
Alderman Skip Cleaver
Alderman Linda Harriott-Gathright
Alderman Skip Cleaver
APPROVING THE COST ITEMS OF A COLLECTIVE BARGAINING AGREEMENT BETWEEN THE
MAYOR AND THE BOARD OF FIRE COMMISSIONERS OF THE CITY OF NASHUA, NEW
HAMPSHIRE AND LOCAL #789, INTERNATIONAL ASSOCATION OF FIRE FIGHTERS FROM JULY
1, 2019 THROUGH JUNE 30, 2023 AND AUTHORIZING A RELATED TRANSFER AND
SUPPLEMENTAL APPROPRIATION
Given its first reading;

MOTION BY ALDERMAN TENCZA TO ACCEPT THE FIRST READING OF O-20-041 BY ROLL CALL,
ASSIGN IT TO THE BUDGET REVIEW COMMITTEE AND THAT A PUBLIC HEARING BY THE BOARD
OF ALDERMEN BE SCHEDULE FOR WEDNESDAY, JUNE 10, 2020, AT 7:00 P.M. VIA WEBEX

ON THE QUESTION

Attorney Bolton

Madam President, before we get there, | think you should inquire of Alderman O’Brien if he really means to
be a sponsor of this? | think that might have been inadvertent.

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Board Of Aldermen - Minutes - 5/26/2020 - P14

Board Of Aldermen - Minutes - 5/26/2020 - P15

By dnadmin on Sun, 11/06/2022 - 23:11
Document Date
Tue, 05/26/2020 - 00:00
Meeting Description
Board Of Aldermen
Document Type
Minutes
Meeting Date
Tue, 05/26/2020 - 00:00
Page Number
15
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/boa_m__052620…

Board of Aldermen 5-26-2020 Page 15
Alderman O’Brien

No there’s other people that who do have some affiliation with other people that are employed by the City,
but the thing is | thought | could (inaudible) | cannot vote on it, and | recuse myself of a vote, but | can
definitely sponsor something. | was under that impression or can you explain to me the difference between
sponsorship and actually voting in favor of something?

Attorney Bolton

| think, Alderman O’Brien, if you have a conflict, you ought to recuse yourself from any involvement in the
measure including sponsorship and including voting and advocating for.

Alderman O’Brien

Well. let us the record clear so that my constituents who have duly elected me completely understand what
the problem is. My son works for the Fire Department. He is over the age of 18, he is emancipated, he
does not live with me. And as we all know in some families, some people get along, some people don’t But
in this case, my son has no financial (inaudible) until when | die and | hope he doesn’t kill me, but the thing
is | think this is taking great affect to my constituents who do support me and expect me to do the right thing
and harboring my ability my ability to vote and speak for my constituents with this. | think it is unduly,
particularly with other members with some ties to different functions. | could see it, | always recuse myself,
my wife who was a para who worked for the School Department as much as the former President of our
Board, Brian McCarthy. Both of us recused ourselves, because it was a financial impact. But having one’s
son just as a job, there’s no financial ties and | think the flavor of that Ordinance that keeps me from doing
this | am notin favor. So under protest, | will take the advice of counsel and | will recuse myself with deep
regret and apologies to my constituents, thank you.

A viva voce roll call was taken which resulted as follows:
Yea: Alderman Klee, Alderwoman Kelly, Alderman Dowd,

Alderman Caron, Alderman Clemons, Alderman Lopez, Alderman Tencza,
Alderwoman Lu, Alderman Jette, Alderman Schmidt,

Alderman Cleaver, Alderwoman Harriott-Gathright, Alderman Wilshire 13
Nay: 0
Ms. Lovering

You have 13 yeas and one abstention (Alderman O’Brien).
MOTION CARRIED
NEW BUSINESS — ORDINANCES

There being no objection, President Wilshire suspended the rules to allow for the first reading of an
Ordinance received after the agenda was prepared.

O-20-019
Endorser: Alderwoman-at-Large Lori Wilshire
RELATIVE TO PERMITS FOR FIREWORKS DISPLAYS
Given its first reading

MOTION BY ALDERMAN O’BRIEN TO SUSPEND THE RULES FOR A SECOND READING OF O-20-019
ROLL CALL

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Board Of Aldermen - Minutes - 5/26/2020 - P15

Board Of Aldermen - Minutes - 5/26/2020 - P16

By dnadmin on Sun, 11/06/2022 - 23:11
Document Date
Tue, 05/26/2020 - 00:00
Meeting Description
Board Of Aldermen
Document Type
Minutes
Meeting Date
Tue, 05/26/2020 - 00:00
Page Number
16
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/boa_m__052620…

Board of Aldermen 5-26-2020 Page 16

ON THE QUESTION

Alderman Klee

Madam President, | just want to make sure | have this. Yes this is the Ordinance relative to Bishop Guertin
displaying fireworks during their celebration of their drive-through diploma. Just for the public | just wanted
to make sure that they understand what this is, in fact, doing and that is actually a short, | think it is non-
commercial type of fireworks and Atlas will be setting those off for what the Fire Marshall...

President Wilshire

’ll get to that if we can suspend the rules.

Alderman Klee

I’m sorry, | forgot. My apologies, yes.

President Wilshire

No need to apologize. Anyone else? The Motion is to suspend the rules to allow for a second reading.
Would the Clerk call the roll?

A viva voce roll call was taken which resulted as follows:
Yea: Alderman O’Brien, Alderman Klee, Alderwoman Kelly, Alderman Dowd,
Alderman Caron, Alderman Clemons, Alderman Lopez, Alderman Tencza,
Alderwoman Lu, Alderman Jette, Alderman Schmidt, Alderman Laws,
Alderman Cleaver, Alderwoman Harriott-Gathright, Alderman Wilshire 14
Nay: 0
MOTION CARRIED

Ordinance O-20-019 was given its second reading;

O-20-019
Endorser: Alderwoman-at-Large Lori Wilshire
RELATIVE TO PERMITS FOR FIREWORKS DISPLAYS
Given its second reading

MOTION BY ALDERMAN O’BRIEN FOR FINAL PASSAGE OF O-20-019 BY ROLL CALL

ON THE QUESTION

Alderman O’Brien

And if | could speak to my motion?

Alderman O’Brien

Thank you. This seems to have been brought forward by the good people of Bishop Guertin in order to
assist them in celebrating in this terrible time that we are living in with the COVID-19. What they were

looking for is to be able to enhance the graduation ceremony. They are Class C fireworks; they are the ones
that people can buy. And as the good citizens of Nashua know, no one is supposed to light any fireworks off

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Board Of Aldermen - Minutes - 5/26/2020 - P16

Board Of Aldermen - Minutes - 5/26/2020 - P17

By dnadmin on Sun, 11/06/2022 - 23:11
Document Date
Tue, 05/26/2020 - 00:00
Meeting Description
Board Of Aldermen
Document Type
Minutes
Meeting Date
Tue, 05/26/2020 - 00:00
Page Number
17
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/boa_m__052620…

Board of Aldermen 5-26-2020 Page 17

in the City of Nashua according to the Fire Marshall, and | know you all do it, but you can do it when you are
permitted. So this is Bishop Guertin asking for the permit. The display they said would not last longer than 8
minutes, which seems to be somewhat adequate. They will be under the supervision of the Fire Marshall. |
wish we could have done it for our North Municipal high school students, but unfortunately with the way
things are, that cannot be. So | would like to say at this time, although this will affect the Bishop Guertin
Cardinals, | do with the Titans (audio cuts out). But we will go with that.

President Wilshire

We couldn’t hear you, you cut out.
Alderman O’Brien

| don’t know, must be the bandwidth.
President Wilshire

OK so | was approached through the Fire Department by Bishop Guertin to have a 5 to 8-minute fireworks
display done professionally. They are going to set up a drive-through type setting in their Fieldhouse and
each graduate is going to go by car, through the field. They are going to project the graduate’s picture up on
the wall and then after their ceremony and they get their diplomas, they are just going to have a 5 to 8-
minute display of fireworks, which | thought was reasonable. So | agreed to sponsor this for them. Any other
discussion on that?

Alderman Clemons

Yes President Wilshire? Thank you. Actually | have a question on this, so the way that, and correct me if |
am wrong, but the way that the Ordinance is written, this would allow for not just Bishop Guertin this time but
any organization or anyone to get a permit to display fireworks by the Fire Marshall is that correct? Or would
it have to come to the Board of Aldermen?

President Wilshire

| would have to defer to Corporation Counsel.

Attorney Bolton

It sets standards for when the Fire Marshall can grant a permit. So yes, other groups or organizations or
entities would be eligible to apply as well.

Alderman Clemons

OK thank you. Yes thank you, | think that’s reasonable. | think it takes the politics out of it which | like. | don’t
have any objection to BG doing this. | don’t have much objection to another organization doing it either,
particularly because it is going to be under the supervision of the Fire Department. So | think this is just good
policy and | support it.

Alderman Jette

Yes thank you, Madam President. The idea or the proposal made by Bishop Guertin for a short several
minute firework display under supervision etc., that all sounds good and | would hate to oppose anything like
that. However, the Ordinance that has been submitted to us, constitutes a complete change in the way the
City deals with fireworks. Right now, under the Fireworks Ordinances no fireworks without permit is allowed.
And no permits will be issued except to the City of Nashua for programs and displays under its control.

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Board Of Aldermen - Minutes - 5/26/2020 - P17

Board Of Aldermen - Minutes - 5/26/2020 - P18

By dnadmin on Sun, 11/06/2022 - 23:11
Document Date
Tue, 05/26/2020 - 00:00
Meeting Description
Board Of Aldermen
Document Type
Minutes
Meeting Date
Tue, 05/26/2020 - 00:00
Page Number
18
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/boa_m__052620…

Board of Aldermen 5-26-2020 Page 18

| believe this was something with a long history, it goes back to primarily the use of fireworks at Holman
Stadium and the neighbors in that area objecting to it.

And back then the Board of Aldermen then set a policy that fireworks displays would not be allowed except
those done by the City. Right now, no one can get a permit to do a fireworks show other than the City of
Nashua. This Ordinance would allow anyone to apply for a permit from the Fire Marshall. The Fire Marshall
the Ordinance says, can issue permits as long as there are proper safety procedures put into effect, that
whoever is doing it, indemnifies the City for any damage and have proper amounts of insurance to cover it.
Other than that, the Fire Marshall has no discretion as to who he, he can’t deny any permit in a non-
discriminatory way. So nothing limits him from, and nothing enables him to limit how many fireworks shows
there are put on in the City. You know, | hate to use an exaggeration to make the point, but the only
standards he has is — Is it Safe? Did the applicant sign an indemnity agreement? And did the applicant get
proper insurance?

If those conditions are satisfied, | believe and | defer to Attorney Bolton on this, but if those conditions are
satisfied, | don’t think the Fire Marshall could deny anybody a permit and he can’t deny, there is no limit on
who can get these permits, how often they can get them. So we have completely different look or way we
regulate fireworks. Fireworks could be done every night at Holman Stadium. They could be done every
night anyplace where it can be done safely. So | hate to rain on Bishop Guertin’s parade but this Ordinance
doesn’t say that the display that Bishop Guertin wants to do, as limited as that is, this Ordinance doesn’t say
that it is limited in any way. It would permit the Bishop Guertin show and it would also permit a whole bunch
of other displays, fireworks displays being used. So | think, you know, this is one of the problems that we
run into when things are presented to us at the last minute and an Ordinance is drafted very quickly,
presented to us without a proper discussion and vetting by a Committee. | just think is bad Legislation. |
think it sets a bad precedent for the City. As much as | would like to allow Guertin to do what they want to
do for their graduation, | cannot support this Ordinance.

Alderman Klee

Thank you, Madam President. | have to somewhat agree with Alderman Jette. | do feel uncomfortable that
we are setting this up that it could be a display that would not be able to be denied. The truth is that | get
many constituents that contact me, even from this weekend, fireworks were going off throughout the City.
They don’t want to call the Police to ask them to come chase them down, because they know, especially
nowadays there’s so much going on and you don’t want to put anybody in harm’s way. But year after year,
we have personal homes setting off fireworks. Not if it is suddenly if an organization is going to be able to do
this, | have no problem with Bishop Guertin, | have no problem with this one-time thing, if it were able that
we did an Ordinance that allowed this one-time, | would not have that issue. But to give a carte blanche,
and to say that anytime, for any reason, as long as it meets the criteria that Alderman Jette outlined, | do
have an issue with it. | want Bishop Guertin to be able to do this, | just don’t want to give that much power.
I’m sorry. | do have that issue. Thank you.

President Wilshire

OK, Alderman Lu, did you have your hand up?
Alderman Lopez

| had mine up as well.

President Wilshire

| see you Tom.

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Board Of Aldermen - Minutes - 5/26/2020 - P18

Board Of Aldermen - Minutes - 5/26/2020 - P19

By dnadmin on Sun, 11/06/2022 - 23:11
Document Date
Tue, 05/26/2020 - 00:00
Meeting Description
Board Of Aldermen
Document Type
Minutes
Meeting Date
Tue, 05/26/2020 - 00:00
Page Number
19
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/boa_m__052620…

Board of Aldermen 5-26-2020 Page 19
Alderman Caron

| do too.

President Wilshire

Ok.

Alderwoman Lu

Thank you, Madam Chairman. | simply wanted to offer to my the Ward 6, | actually thought that this was
being held last weekend and I, if | had Known that | had time to go out and speak with people, | would
definitely got some feedback and reached out to people because my concern with this, the broadness of the
Ordinance, is we have all kinds of neighborhoods that could be subjected to just unforeseen noise. | don’t
see the time duration, the duration of this was a limitation in the Ordinance. My understanding is that’s what
Bishop Guertin wants in this particular instance, but you know, what if they were longer? So | just wanted to
speak an apology to Ward 6 that | didn’t reach out to discuss this with them. Thank you.

Alderman Lopez

So | really like the intent behind this for Bishop Guertin, | think this is a very difficult time for children who are
graduating and that they deserve something special, to recognize their accomplishments to give them that
sense of community that they get from graduating and that transition from this to you are graduating, you
have accomplished something and the community recognized it. So | am in favor of letting Bishop Guertin
launch their fireworks but like the Alderman that spoke before me, | don’t see that this is a good idea to lump
that one-time situation, which | think should be special. It should be unique; it should be Bishop Guertin’s
idea and their effort. Into a broader change in Ordnance that we can’t fully vet, we need to do this in a timely
manner to that Bishop Guertin can enact it, but at the same time, we have a Citywide change. So my
question to Attorney Bolton is if we amend this Ordinance to be specific to the problem before us which is
Bishop Guertin....

President Wilshire

Alderman Lopez, can | interrupt you for a second? Whoever just joined the meeting, can you please mute
yourself. Thank you, sorry Alderman Lopez.

Alderman Lopez

That’s ok, if we amended this so that is specific to Bishop Guertin, do we have to reintroduce the Legislation
completely in order to get it to the Committee or does somehow passing that restrict what we can propose to
the Board of Aldermen?

Attorney Bolton

| don’t think that’s the problem. | think the problem is that if you pass Legislation it allows the Roman
Catholic Organization to do something while keeping in place a restriction against any other religion doing
that or any other ethnic group or civic organization or social club or for-profit organization, | think you run
into a serious discrimination on the basis of suspect class.

Alderman Lopez

That makes sense. So in your opinion, if we amended the Ordinance to make each application subject to
Aldermanic Approval for now and then maybe went back at this at a separate time and said, let’s appoint a
specific committee like the Special Events Committee to vet these and approve them with an Aldermanic

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Board Of Aldermen - Minutes - 5/26/2020 - P19

Board Of Aldermen - Minutes - 5/26/2020 - P20

By dnadmin on Sun, 11/06/2022 - 23:11
Document Date
Tue, 05/26/2020 - 00:00
Meeting Description
Board Of Aldermen
Document Type
Minutes
Meeting Date
Tue, 05/26/2020 - 00:00
Page Number
20
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/boa_m__052620…

Board of Aldermen 5-26-2020 Page 20

Liaison that still leaves a mechanism for neighborhood concerns to be brought in. But at the same time, it
lets us get this done so that Bishop Guertin can have their graduation?

Attorney Bolton

| think neutral standards are probably the way to go. So if you wanted to limit the length, temporal length of
the display, 10 minutes, or 12 minutes, | think something like that would be appropriate. | think if you wanted
to say any entity could obtain permits for no more than one display per year, two displays per year. | think
those sorts of neutral restrictions would be appropriate. Requiring organizations to come before a political
body, one at a time, | think that’s problematic.

Alderman Lopez

OK then my last question is, there’s still the opportunity because we are the ones creating this Ordinance to
amend this later on to add those stipulations that you suggested, right?

Attorney Bolton

You could introduce another Ordinance at your next meeting to add restrictions, relax restrictions, provide
more standards, different standards, alter the insurance requirements, provide more guidance to the Fire
Marshall. Any of those things can be done this evening, at your next meeting or any future meeting.

Alderman Lopez

So Madam President, this is my last comment, | think my priority personally is to make sure that we don’t
interrupt a graduating class that has already had a pretty bad hand dealt to them. But! am also extremely
aware of how this could potentially impact the Tree Streets if say every nightclub or every casino or
whatever could launch fireworks. You have several places downtown that are safe but they are also kind of
a nuisance for neighbors. So | do share Alderman Jette’s concerns that this is being pushed through in a
way that is not timely but now | understand that it is because we are trying to avoid any preferential
treatment. So | would jus suggest to the Board that we continue forward with this Legislation and then
introduce additional amendments that we can vet very thoroughly in a Committee setting.

President Wilshire

All set Alderman Lopez?

Alderman Lopez

Yes, thank you.

President Wilshire

You're welcome; Alderman Caron?
Alderman Caron

Oh thank you very much. One of my concerns that | mentioned this morning when | saw this was the fact
that the residents live so close to that baseball field and as Alderman Lu said, she probably would have time
to knock on doors or try to find out, do we have any sense as to how the neighbors feel. My other concern is
the same with Alderman Jette, | mean | have been involved with fireworks for an awful long time. | know the
problems and situations that we have gone through and that’s why that Ordinance was put in, that fireworks
would be performed by the City. And as you know, 4" of July is going to be here before we know it, and
once this is passed, you are going to see a lot of people come out looking for permits for that time period.
And | am just not sure this is what we should be doing as a last resort.

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Board Of Aldermen - Minutes - 5/26/2020 - P20

Finance Committee - Agenda - 1/5/2022 - P30

By dnadmin on Sun, 11/06/2022 - 21:39
Document Date
Thu, 12/30/2021 - 13:43
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 01/05/2022 - 00:00
Page Number
30
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__010520…

December 8, 2021 Page 2
20211208 Nashua Phase Ill Stage 2 Budget Update.docx

accrued labor and expenses in accordance with the enclosed fee schedule. We will not invoice
in excess of the budgeted amount without your approval.

The budget estimate is based on our Fiscal Year 2022 fee schedule with the City and may
need to be adjusted for specific tasks (e.g., bid-phase services) based on the start date of the
services.

SCHEDULE

Sanborn Head is already working on this project under the issued purchase order and will
update our budgets to complete the project following written authorization to proceed from
the City.

ACCEPTANCE AND TERMS OF ENGAGEMENT

We understand that the City will issue a new Contract for Professional Services and a
Purchase Order to Sanborn Head for the scope of services and budget estimate described
herein.

CLOSING

Thank you for the opportunity to submit our proposal for design and permitting services.
We look forward to working with you on this project. Please do not hesitate to call us should
you require additional information.

Very truly yours,
SANBORN, HEAD & ASSOCIATES, INC.

im - Fah a. TZ So ae

Edward A. Galvin, PE Eric S. Steinhauser, PE, CPESC, CPSWQ
Project Manager Senior Vice President

ENN

EAG/ESS:eag
Enclosure: _ Revised Proposal for Design & Permitting Services, dated April 7, 2021

Copies to: Kerry Converse, City of Nashua
Darrin Santos, City of Nashua

P:\3000s\3066.2 4\ Project Control\ Budget Update\20211208 Nashua Phase III Stage 2 Budget Update.docx

SANBORN HEAD

Page Image
Finance Committee - Agenda - 1/5/2022 - P30

Board Of Aldermen - Minutes - 5/26/2020 - P21

By dnadmin on Sun, 11/06/2022 - 23:11
Document Date
Tue, 05/26/2020 - 00:00
Meeting Description
Board Of Aldermen
Document Type
Minutes
Meeting Date
Tue, 05/26/2020 - 00:00
Page Number
21
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/boa_m__052620…

Board of Aldermen 5-26-2020 Page 21

| appreciate BG’s idea but maybe if they had known about this a little bit earlier, we could have vetted this a
little bit more. But | really do have some concerns as Corporation Counsel about all of these people who are
going to come out and be looking to shoot fireworks. And | know, | get plenty of calls, especially at 4"" of
July of close quarters of people shooting fireworks. So | appreciate what they are trying to do but | really am
hesitating approving this. Thank you.

President Wilshire
Alderman Dowd?
Alderman Dowd

Yes, acouple things. One, | work with the Fire Marshall on a number of occasions and trust me when | say
that they will ensure any time that they grant a permit for fireworks, that all safety measures will have to be
met including space, distance, type of fireworks, having a truck standing by and all of that. Also, they
probably could have just gone out and bought fireworks and in this kind of display and lit them; off because
they are the Class C, they are the ones you can buy up on Amherst Street if you want to go by them. But
they wanted to do it right and they wanted to have the Fire Marshall there and the Fire Department there and
make sure everything was done safely. | would like to see us let them have this occasion and if want to bring
back into a Committee and discuss it further and put more t’s and c’s in it, we can do that, but again, | think if
tomorrow they decided to do a graduation at Holman Stadium for Nashua High which | don’t think they can
do because they are still a larger class, you know, an 8 minutes display or 6 minute display is pretty short. |
can tell you on the 4" of July I’ve seen displays going on at Charlotte Avenue School that are probably 45
minutes to an hour with no permit. So | think we would be, let’s give these kids something.

President Wilshire
Alderman Klee and then Alderman O’Brien.
Alderman Klee

Thank you, Madam President. | have to say | do have a concern that we are opening a Pandora’s Box and |
know for a fact that many people are constantly wanting to celebrate this and celebrating that and while |
don’t blame them, currently they do it without Fire Marshall approval. | hear them going off constantly, | see
them on the Civic Sounding Board. | just don’t want to open it up that you can say yes to this and the Fire
Marshall can say yes to this but there is no saying no. We look into, ok well you said it as Attorney Bolton
said, you said it for this Catholic Organization, why aren’t you saying it for this Muslim Group or these other
groups and so on. While | want them to have this special celebration, | am not feeling comfortable, | feel like
we are just opening up a Pandora’s Box and | don’t want to go there.

President Wilshire
Alderman O’Brien and then Alderman Tencza?
Alderman O’Brien

Thank you, Madam President and if | cut out, | don’t know what’s wrong with the bandwidth but | had to re-
sign on. As most of you know, I’ve had a lot of experience with this particular subject matter. | don’t know if
many of you know it, but many of our citizens enjoy a campfire in the backyard. In order to have that
campfire, whether you are Catholic, Protestant, Muslim or whatever, you have to petition to have a permit
and it is by State Guidelines. The State has directed the State Fire Marshall and the State has appointed all
the Lieutenants and Captains and Deputy Chiefs as Fire Wardens and they are able to go out and give the
permits. Now they have to go out and physically come out and look at the facility that is going to have that
particular bonfire to make sure that certain criteria such as that the fire has to be 25 feet from any one
structure and everything else.

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Board Of Aldermen - Minutes - 5/26/2020 - P22

By dnadmin on Sun, 11/06/2022 - 23:11
Document Date
Tue, 05/26/2020 - 00:00
Meeting Description
Board Of Aldermen
Document Type
Minutes
Meeting Date
Tue, 05/26/2020 - 00:00
Page Number
22
Image URL
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Board of Aldermen 5-26-2020 Page 22

And | feel comfortable with this, because | fully trust the Fire Marshall if they want to do this, that if they want
to come out, if somebody is getting a permit, that’s a far cry from somebody doing it illegally. And there is a
lot of illegal activity and that’s where we get into trouble. That’s where we had the fire that had four buildings
and four alarms several years ago by children playing with fireworks illegally. But in this type of situation, if
the person gets the permit, that means the Fire Marshall has the right to establish a certain amount of
criteria that needs to be followed in order for them to have this particular display. And that goes across the
board for many different groups or social groups. Some permits may be denied because of a close
proximity to other structures, combustible structures, and everything such as less than 25 feet away from
combustibles when you have a fire pit.

The other good thing with a permit is you are asking permission to have the fire. So therefore, as the same
rules with a fire permit, if a neighbor calls up and complaints that the smoke and everything from the fire
permit is a nuisance, then the engine company goes out and terminates the permit. And if this is a case
where neighbors call up, they are able to, I’m sure the call will go back to the Fire Marshall to which they will
immediately cease the display from it to be done. So it seems with a permit, seems better than somebody
going out and doing it. If the Fire Marshalls want to take that type of responsibility, | fully entrust them with
the safety of the City and | feel that they are capable of doing that. It will do a lot of work, | understand, but it
is one of those things that they are capable of doing if they so wish. And | feel a lot more comfortable if it’s
permitted. Thank you.

President Wilshire
Thank you, Alderman O’Brien. Alderman Tencza?
Alderman Tencza

Thank you, Madam President. Just to bring up one thing that Alderman Jette said about the Fire Marshall
having or saying that it is safe and that would be enough. | would just have to disagree with that. | think
there is a State Law on what is safe and what people are able to do as far as fireworks are concemed,
especially in a private display. The State Fire Marshall's Office also has regulations that the City Fire
Marshall would abide by so it wouldn’t be left up to the opinion of the City’s Fire Marshall it would be in
guidance according to the regulations to State Law. And then, you know, a lot of the issues that people are
talking about, | think Alderman O’Brien just hit on this but the people who are letting off fireworks in our
neighborhoods are not going to get a permit, they are not going to go through the insurance requirements,
but if there are other groups that may this 4"" of July, you know, private groups or public groups be able to
get a safe display together for their group and are able to go through the permitting process, | think it may be
a good thing even though it is, as someone said, the 4"" of July will be here before we know it so | think we
may be overthinking this a little bit too much. It seems like people want Bishop Guertin to be able to do this,
so hopefully we can pass this tonight for them, because if not they will lose that opportunity.

Alderman Clemons

Thank you. | have a question through you to Corporation Counsel. Would it be possible under your, do you
think that it would overly discriminating if the City were to put a limit on how many of these could apply? So
in other words let’s say the City set a limit of 10 permits and it was first come first serve?

Attorney Bolton

There’s nothing on the face of that that’s discriminatory. If it turns out that every year 10 Irish Groups apply
for St. Patrick’s Day and that ends up with — those are all the permits folks. And when Bastille Day comes
along the Lafayette Club has been held out, | think that becomes a problem. So maybe you want to do so
me kind of rotating system or something like that so it’s not the same group every year. So it becomes, you
know, how does it work in actuality as opposed to on the face of it. But if you want to say that there will be
10 permits and in and of itself, | don’t think that’s wrong but we would have to monitor to it as experience
shows.

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Board Of Aldermen - Minutes - 5/26/2020 - P22

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