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R-22-016

RESOLUTION

AUTHORIZING THE MAYOR AND CITY TREASURER TO ISSUE BONDS
NOT TO EXCEED THE AMOUNT OF FIVE MILLION DOLLARS ($5,000,000) FOR
FRANKLIN STREET SCHOOL BUILDING IMPROVEMENTS

CITY OF NASHUA

In the Year Two Thousand and Twenty-Two

RESOLVED by the Board of Aldermen of the City of Nashua that the Mayor of the City
of Nashua and the City Treasurer of the City of Nashua are hereby authorized to issue and sell
general obligation bonds of the City in an aggregate principal not to exceed five million dollars
($5,000,000). The proceeds of said bonds shall be used for Franklin Street School Building
renovations and improvements.

Pursuant to Nashua City Charter §54-a, this resolution requires a “duly advertised public
hearing.” Also see N.H. RSA 33:9, which requires a 2/3 vote for passage of this resolution.

The bonds shall be general obligations of the City of Nashua, payable as to principal and
interest from ad valorem taxes, which will be levied without limitation as to rate or amount on all
taxable property within the territorial limits of the City of Nashua.

The bonds shall bear the manual or facsimile signature of the City Treasurer and the
Mayor. In accordance with Chapter 91 of the New Hampshire Acts of 2005, bonds issued
pursuant to this resolution shall not require an authenticating certificate of a bank or trust
company doing business in the State of New Hampshire or The Commonwealth of
Massachusetts, or the Commissioner of Revenue Administration.

The bonds are to be issued in fully-registered form by means of a book-entry system or
otherwise and shall have such terms and conditions and be in such form, subject to the provisions
of this resolution and applicable law, as shall be determined by the Mayor and the City
Treasurer,

RESOLVED FURTHER, that the Mayor is authorized to enter into the required
contracts therefor as well as any amendments to be made thereto or any other documentation
necessary for the receipt of said funds.

RESOLUTION:

PURPOSE:

SPONSOR(S):

COMMITTEE
ASSIGNMENT:

FISCAL NOTE:

LEGISLATIVE YEAR 2022
R-22-016

Authorizing the Mayor and City Treasurer to issue bonds not
to exceed the amount of five million dollars ($5,000,000) for
Franklin Street School Building improvements

Alderman Richard A. Dowd

Budget Review Committee
Board of Education

It is anticipated that the bond would be sold in FY 23 for a 20-year
term. It is estimated the interest rate wil! be approximately 2.5%
and the total cost of the bond will be approximately $6,312,500
including interest. The average annual payment will be
approximately $315,625 with the beginning years at a higher
amount.

ANALYSIS

This resolution authorizes the City to issue and sell general obligation bonds up to $5 ° bresen

for Franklin Street School Building renovation and improvements. This project will be
to the Capital Improvements Committee in March 2022.

resented

As this legislation is an authorization to borrow money, this resolution requires a “duly
advertised public hearing” pursuant to Nashua City Charter §54-a. NH RSA 33:9 requires a 2/3
vote of al] the members for the issuance of bonds. This resolution is also a specific nonjbudget,

supplementary appropriation,

permitted by Charter Sec. 53. Requirements for that are notice and

a public hearing. A two-thirds vote is required under Charter Sec. 56-b for an item or amount

not in the mayor’s budget. A

roll call is required under Charter Sec. 49.

This legislation should be referred to the Board of Education for its review and approval.

Approved as to account
structure, numbers and
amount:

Approved as to form:

Financial Services Division |

By: /s/John F. Griffin

Office of Corporation Counsel

By: Vite (fates
Date: ye Mowe Ap Dan

A regular meeting of the Board of Aldermen was held Tuesday, March 8, 2022, at 7:30 p.m. in the aldermanic chamber
and via Zoom teleconference which meeting link can be found on the agenda and on the City’s website calendar.

President Lori Wilshire presided; City Clerk Susan Lovering recorded.

Prayer was offered by City Clerk Susan Lovering; Alderman Tyler Gouveia led in the Pledge to the Flag.

Let’s start the meeting by taking a roll call attendance.

The roll call was taken with 15 members of the Board of Aldermen present: Alderman O’Brien, Alderman Sullivan,
Alderman Klee, Alderman Moran, Alderman Lopez, Alderman Jette, Alderman Clemons, Alderwoman Kelly, Alderman
Comeau, Alderman Dowd, Alderman Gouveia, Alderman Cathey, Alderman Thibeault, Alderwoman Timmons, Alderman
Wilshire.

Mayor James W. Donchess, Corporation Counsel Steve Bolton, were also in attendance.
President Lori Wilshire asked for a Moment of Silence for Renny Cushing. Renny Cushing was a 25 year (that I’m aware of)
State Representative that passed yesterday. | know a lot of us served with him and were friends with him so if we could just

take a moment of silence. Thank you.

President Lori Wilshire

Mayor did you wish to address the Board this evening?

REMARKS BY THE MAYOR

Yes, thank you Madam President. | just have a few things. First we have received today our Ukraine flag and we will be
doing a flag-raising ceremony next Tuesday - a week from today - at 5:30 in front of City Hall to recognize and support the
freedom and independence of the Ukrainian people. We have reached out to a number of groups and people in Nashua
and in New Hampshire in hopes that some Ukrainian Americans or as many as possible will be able to join us and of
course you are all invited and | encourage you to attend.

On many occasions | reported to you about the COVID numbers and they got pretty high this past winter. They are
dramatically better, | mean we still have COVID, but the positivity rate, which is the percent of people who test and turn
out to have COVID is 4.8% as of early this week and that is down from almost 30% not so long ago. The number of new
cases per 100,000 within the last 14 days, which is another measurement that is commonly used, is down to around 200
and that was close to 3,000 a few weeks back, so that’s good news. The hospitals have felt a lot of relief so things at
least for the time being are quite a bit better.

| wanted to mention to you Madam President one of the things that’s on your agenda tonight which is my nomination of
Matt Sullivan as the Community Development Director. He has been serving as the City Planning Director for some time
now - almost a year and a half. He previously worked for the Town of Wolfeboro and the Strafford County Regional
Planning Commission. He has done a very good job and has received outstanding reviews by people throughout the City.
We solicited applications and received some from around different areas of the Country. We had an interview team
consisting of Lisa Fauteux, Tim Cummings, Deb Chisholm who works in Community Development, as well as Noah
Telerski. They interviewed several people and unanimously came back and said they didn’t even think it was worth going
to asecond round. That Matt Sullivan was clearly the most qualified. | subsequently talked with the Chair of the Planning
Board. He thought Matt was doing a great job, so based upon all that and my own experience with Matt, which has been
very favorable, | nominated him. He went before the Personnel Committee last night. | think he did a very good job and
he comes before you tonight with the unanimous recommendation of the Personnel Committee.

And finally, Madam President, you see on your agenda the contract for the award of the 2022 paving program. This will
continue with our paving plan of action and pave and crack-seal more streets. This comes to you because it is a contract
of more than a million dollars. It has been recommended by the Board of Public Works and also by the Finance
Committee. So | hope you will approve that contract. That is all | have for you this evening Madam President.

RESPONSE TO REMARKS OF THE MAYOR

Alderman Klee

| am very happy Mr. Mayor that you have put forward Mr. Sullivan to be Director. | worked with him for quite a while since
Sarah has left us and he has been invaluable. He knows about having to go and look things up and he’s just great. He

Board of Aldermen 03-08-2022 Page 2

can cite the different zoning laws and so on that | have to Know especially like in municipal as well as here, so | do
appreciate his knowledge from within and that you put his name forward. Thank you.

Alderman Dowd

| just want to say that | worked with Matt quite a bit with school projects and he has been outstanding. | don’t think we
could find a better person to fill that role having lost Sarah who was hard to replace, but he is doing an outstanding job.

RECOGNITION PERIOD — None

READING MINUTES OF PREVIOUS MEETINGS

There being no objection, President Wilshire declared the minutes of the Board of Aldermen meetings of
February 8 and February 15, 2022 be accepted, placed on file, and the reading suspended.

COMMUNICATIONS REQUIRING ONLY PROCEDURAL ACTIONS AND WRITTEN REPORTS
FROM LIAISONS

From: Adam Pouliot, Fire Marshal

Re: 19 Roby Street

From: Jennifer McCormack, Nashua Public Library Director
Re: Nashua Public Library Strategic Plan

From: Donna Graham, Legislative Affairs Manager

Re: Communications Received from the Public

There being no objection, President Wilshire accepted the communications and placed them on file.

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

Kevin Rourke, Nashua Police Chief

Good evening. Thank you for allowing me to speak tonight. I'd like to speak on behalf of the Collective Bargaining
Agreement between the Nashua Police Commissioners and the UFPO Local 645. The Union is made up of 17 civilian
members. Most of these are civilian supervisors and they supervise the Teamsters Union. They include 3 lawyers, IT
manager, Community Policing Coordinator, 2 Fleet Maintenance Supervisors, Citywide Radio Communications
Supervisor, 2 Domestic Violence Advocates, the Records Manager and our Building Maintenance Supervisor. They are
some very talented and important people that we have today at the PD.

During the early part of negotiations, we expressed to them, like we do all our Unions, the cities perspective on important
items. One of those important items was the health care give back with HMO deductible plan. This was very important to
the Mayor and the City. They gave that back with no reservation. They were very reasonable in their proposal. The
Nashua Police Commissioners and | think this is a very fair and reasonable contract and | would ask that you support this
contract this evening. Thank you.

Tim Senna

Thank you. Tim Senna, 62 Underhill Street, Nashua. I’m just here to briefly speak to Ordinance 0-22-004 which will
prohibit a right turn on red from Adventure Way onto Daniel Webster Highway. | just want to start by thanking Alderman
Thibeault for offering this legislation and everybody who supported it either here in this chamber or with the Infrastructure
Committee.

The reason | want to speak to this tonight it’s not a particularly exciting or attractive piece of legislation, but anybody who’s
driven down Daniel Webster Highway lately can see how important that intersection is becoming. The Bu’s gas station
has recently opened there and the recent influx in gas prices has caused significant traffic increases in that area backing
up in both directions, not just down the South end, but the North end as well. Just around the corner we have plans and
intent from the Costco Superstore to open their new location behind Old Navy, which is going to add to that block of traffic.

| want to repeat my thanks to Alderman Thibeault and hope that everybody in this room will keep this intersection at the
forefront of their minds as this development increases. It’s going to get a lot worse before it gets any better and | hope

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this is just the first of several items that come forth to help mitigate the problems that may arise with the increase in traffic.
Thank you.

Brad Westgate, Esquire

Good evening Madam President and members of the Board. My name is Brad Westgate. I’m a lawyer at Winer &
Bennett, 111 Concord Street, Nashua. Here to speak on the Petition filed by Elizabeth Lu relative to building permit
authorization for a vacant lot at 19 Roby Street. Ms. Lu and her husband Matthew Plante are here as well. They live at
17 Roby Street. 19 Roby Street as | mentioned is a vacant lot. They would like to build a single family home and related
retaining wall and other improvements on 19 Roby Street. They would have to go through a number of processes to have
the permits necessary to do so. They have been before the Zoning and Planning Board for a number of permits already,
but are before this Board because of a Petition | filed on their behalf on January 31.

There is a State Statute that requires the governing body of a municipality to authorize the issuance of building permits
when the property doesn’t have frontage on a city accepted street and that’s the case here. This end of Roby Street was
never built out and accepted by the city, of course, most of Roby Street was. It was laid out on a plan many, many years
ago — 1916 actually. What happens is that when 20 years pass after the laying out of the street and the city doesn’t
accept it, the law at the time provided that that street effectively reverted to private access only. So this Statute requires
this Board in this particular case to authorize the issuance of building permits if they’re able to pursue getting the
necessary building permits for the project. You’re action doesn’t actually generate the permit, they still have to go through
the normal Building Department channels for that process.

Earlier this evening just before the meeting started, | had passed out, and | think all of the members of the Board received
it, wo sheets of paper. One was a proposed motion that | had edited from the motion that Miss Graham had sent out with
your packets earlier today and the second page of that sheet is the edits that | actually did to that motion. The reason
essentially for the edits was that Adam Pouliot, the Fire Marshal, had met with Mr. Plante yesterday or the last day or so
he’s been communicating with Mr. Plante and also with Miss Graham and Matt Sullivan, Planning Director, regarding his
initial letter of February 22 commenting on his thoughts relative to access. Because of his meeting with Mr. Plante and
further review of the matter, he came to the conclusion - that is Mr. Pouliot - that the access as provided in the plans that’s
made by Hayner Swanson for this project would be satisfactory.

Because the original motion tied into his letter of February 22, which had some specific recommendations regarding
access, given that those have now really changed, | suggested the motion for approval be modified to rather than tying
into his February 22 letter and instead reference just generally that the requirements for the Fire Marshal be satisfied in
connection with the issuance of the permit. Thank you Madam Chairman. We respectfully request that the motion be
granted and we respect your time.

Laurie Ortolano

Laurie Ortolano, 41 Berkeley Street. | am here to speak about R-22-008 the Expendable Trust Fund for 14 Court Street. |
am not in support of this and feel that we should be looking at another way to address Court Street and | would hope that
the Board would think a little about this. There is an existing resolution that was passed in 2011 - R-11-160 which is sent
up to establish an Expendable Trust Fund and has been funded for renovations, repairs, and maintenance for various city
buildings. So I’m wonder why R-11-160 is not being utilized.

The other thing is that Laura Colquhoun is going to dial in and talk to you about the special revenue fund that’s used by
the Hunt Building. | think you have a lot more transparency when you put a building like 14 Court Street into that special
revenue fund. Now personally 14 Court Street is a white elephant. It’s a money pit and | think the only reason why we
maintain that old building is that the central fire station emergency call lines come in from the north and south into that
building and | don’t know if that can be moved. That's the significance of that building. There are call lines there and so if
that’s not the case, Alderman O’Brien can clear that up but there is some significance with the Fire Department in that
building and the rest of the building is so expensive to maintain. You know the communication by the Administration when
they spoke to the Board last week when they said they hoped this would become self-sufficient. | think what should have
been said is “most likely it will never be”. That hasn’t been a self-sufficient facility probably in 50 years and | don’t think
you’re gonna get it there. | think Peacock Players and other places that are utilizing those theaters you should look for
spaces downtown that you can move those places to and not operate that building anymore.

We were not told accurate information last year about the roof cost. It was budgeted for $750,000 and ended up being
$250,000. Money ended up being shifted over there. | think there was a total lack of transparency in what went on with
that building and | don’t want to create an avenue that allows that to exist so use the existing resolution if you want or pay

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attention to Miss Colquhoun because | think she’s going to make more sense on greater transparency and accountability.
Thank you.

Karen Bill

Karen Bill, 95 Parnell Place, Nashua. I’d like to speak about the communications received from the public. While | was
reading through the 350 page Board of Alderman packet for this evening’s meeting, | was puzzled for the support for
keeping outside dining like someone said it was going to go away. Then | was informed with a letter from the Mayor
asking the residents if they wanted it to be continued. In language that didn’t mention altering...

President Wilshire

Miss Bill, we aren’t taking action on that this evening.
Karen Bill
Well you did take action on it as a point of order because you approved the communication so that is taking action.

President Wilshire

No, we are not taking action on that this evening Miss Bill. But you can talk about it at the next public comment period if
you like. Thank you.

Laura Colquhoun

Laura Colquhoun, 30 Greenwood Drive. I’m here tonight to speak against the establishing of an expendable trust fund for
14 Court Street. It would be beneficial to the Nashua taxpayers and more transparent to have the City set up a special
revenue fund account. The City currently has this type of account on the Hunt Building. This would show all the
taxpayers the income vs. the expenses on a monthly basis of Court Street. Also in setting up this special revenue fund
account, the City would be able to set-up a separate line appropriation for Court Street as stated in resolution R-21-142. It
is important that the Nashua taxpayers have transparency on all the properties that are owned and operated by the City of
Nashua whether the City is making money on the property or not.

The City has not done a presentation on Court Street since February 2020 and that is not acceptable in the eyes of the
taxpayers. By putting the Court Street in a special revenue fund account, the taxpayers could see the progress on Court
Street monthly and not have to wait to find out where the taxpayers stand on the building. Tax payers will be able to see
when and if this property will ever be profitable. | ask the Board of Alderman to vote this down Resolution R-22-008 to
set-up this expendable trust fund for Court Street. Taxpayers demand and deserve transparency. Thank you.

Matthew Gouthro

Thank you Madam President, Board of Aldermen, Mr. Mayor. Matthew Gouthro, 104 Fawn Lane, Nashua, NH.
Today you are going to hear an update of the strategic plan of our public library by Jennifer McCormack. Changes and
enhancements to our library here in Nashua.

President Wilshire

We are not acting on that this evening Matthew.

Matthew Gouthro

Okay, I'll wait to the next session then. Thank you.

President Wilshire

Sorry about that and thank you. Gerry Prunier. He’s not here?
Rob Parsons

If | may, I’m Rob Parsons, Mr. Pounier was representing us. I’m owner of The Landing which is a parcel just south of

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Adventure Way, south of the intersection that was to be voted on tonight. He is not going to speak tonight. We are going
to address it at a later date. But there is an abutter on that road that would like to speak if they could take his spot.

President Wilshire

Is that something that we are taking action upon this evening, Adventure Way? Okay, | need your name and address and
you have 3 minutes okay.

Bob Greer

Bob Greer, owner of Sky Venture NH, One Adventure Way. We are the business that is on Adventure Way and we are
most heavily affected by whatever action this is. Yes this intersection has been a big problem lately, but the problem is
with traffic coming into the area versus leaving the area. I’d like everyone to keep that in mind, please. I’ve got customers
that are trying to leave and they want to leave and go north because they can avoid a lot of traffic that way. Leaving
Adventure Way on a red light assuming there is no traffic coming north, it makes perfect sense. Obviously you have to
wait if there is traffic coming, you can’t turn, it’s very logical, but it’s a very easy way to reduce traffic on Adventure Way.
Again, the biggest back up is from traffic coming into the area and leaving. Thank you.

COMMUNICATIONS REQUIRING FINAL APPROVAL

From: Mayor Jim Donchess
Re: Contract Award in excess of $1,000,000 — 2022 Paving Program

MOTION BY ALDERMAN KLEE TO APPROVE THE AWARD OF THE CONSTRUCTION CONTRACT FOR THE 2022
PAVING PROGRAM TO SUNSHINE PAVING CORPORATION OF HUDSON, NH, IN THE AMOUNT OF $4,562,802.50.
FUNDING WILL BE THROUGH DEPARTMENT: 160 ADMIN/ENGINEERING; FUNDS: BOND AND TRUST; ACTIVITY:
PAVING; AND DEPARTMENT 169 WASTEWATER; FUNDS: BOND AND WASTEWATER; ACTIVITIES SEWER
REHAB AND STORMWATER ABATEMENT

MOTION CARRIED

PETITIONS
Petition for Authorization for Issuance of Building Permits for a Building on a Private Road - 19 Roby St.

MOTION BY ALDERMAN JETTE TO AUTHORIZE THE ISSUANCE OF A BUILDING PERMIT PURSUANT TO RSA
674:41 FOR THE ERECTION OF A SINGLE-FAMILY DWELLING UNIT AT 19 ROBY STREET WITH SOLE ACCESS
VIA ROBY STREET, A PRIVATE ROAD, PROVIDED THAT: 1) THE MUNICIPALITY NEITHER ASSUMES
RESPONSIBILITY FOR MAINTENANCE OF SAID PRIVATE ROAD NOR LIABILITY FOR ANY DAMAGES
RESULTING FROM THE USE THEREOF; AND 2) PRIOR TO THE ISSUANCE OF A BUILDING PERMIT, THE
APPLICANT SHALL PRODUCE EVIDENCE THAT NOTICE OF THE LIMITS OF MUNICIPAL RESPONSIBILITY AND
LIABILITY HAS BEEN RECORDED IN THE HILLSBOROUGH COUNTY REGISTRY OF DEEDS FOR THE LOT FOR
WHICH THE BUILDING PERMIT IS SOUGHT; AND 3) ACCESS TO THE NEW STRUCTURE WILL BE PROVIDED BY
A 16-FOOT WIDE DRIVEWAY WHICH SHALL EXTEND TO WITHIN 50 FEET OF AT LEAST ONE EXTERIOR DOOR
PER NFPA 1 CHAPTER 18; AND 4) THE E911 ADDRESS ASSIGNED TO THIS PROPERTY WILL BE 19 ROBY
STREET; AND 5) THE APPLICANT SHALL SATISFACTORILY ADDRESS ALL REQUIREMENTS OF THE CITY
ENGINEERING DEPARTMENT

ON THE QUESTION

Alderman Jette

As you heard from Attorney Westgate the history of this and this motion that | just read is what | proposed at the
Infrastructure Committee meeting because | felt that it included all the requirements of the law, and the Planning Board,
and the Fire Marshal. However since then as you heard Attorney Westgate explain, the Fire Marshal has indicated that
the 16 foot wide driveway that he talked about in his letter is no longer a requirement and that he and the engineering
company that is working with the petitioner/applicant will come up with a different way of dealing with this. Its unfortunate
the Fire Marshal didn’t sent another explaining that, but he did send an e-mail which Attorney Westgate showed me and
our about to be new Planning Director Matt Sullivan confirmed that was the case.

So in view of that, | would like to make a motion to amend what | just read to you by replacing it with the amended motion
that was just passed out to you. | hope that | don’t have to read the whole thing. I'll just point out that Attorney Westgate

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made some improvements to what | had written and most significantly #3 he’s changed it to read, “The petitioner shall
satisfactorily address all requirements of the Fire Marshal’s office” instead of specifying the driveway that was outlined in
the original motion. So that’s basically the amendment and so | move to amend the original motion by replacing it with
that copy.

MOTION BY ALDERMAN JETTE TO AMEND TO GRANT THE PETITION AND AUTHORIZE THE ISSUANCE OF
BUILDING PERMIT(S) PURSUANT TO RSA 674:41 FOR THE ERECTION OF A SINGLE-FAMILY DWELLING UNIT
AND RELATED IMPROVEMENTS AT 19 ROBY STREET WITH SOLE ACCESS VIA ROBY STREET, A PRIVATE
ROAD, PROVIDED THAT: 1) THE MUNICIPALITY NEITHER ASSUMES RESPONSIBILITY FOR MAINTENANCE OF
SAID PRIVATE ROAD NOR LIABILITY FOR ANY DAMAGES RESULTING FROM THE USE THEREOF; 2) PRIOR TO
THE ISSUANCE OF A BUILDING PERMIT, THE PETITION SHALL PRODUCE EVIDENCE THAT NOTICE OF THE
LIMITS OF MUNICIPAL RESPONSIBILITY AND LIABILITY HAS BEEN RECORDED IN THE HILLSBOROUGH
COUNTY REGISTRY OF DEEDS FOR THE LOT FOR WHICH THE BUILDING PERMIT IS SOUGHT; 3) THE
PETITIONER SHALL SATISFACTORILY ADDRESS ALL REQUIREMENTS OF THE FIRE MARSHAL’S OFFICE; 4)
THE E911 ADDRESS ASSIGNED TO THIS PROPERTY WILL BE 19 ROBY STREET; AND 5) THE PETITIONER
SHALL SATISFACTORILY ADDRESS ALL REQUIREMENTS OF THE CITY ENGINEERING DEPARTMENT

Present Wilshire

The motion is to amend. Alderman O’Brien you wanted to speak.

Alderman O’Brien

Thank you Madam President as many of the members here on the Infrastructure Committee remember, we did discuss
this the other night. The Jette anendment seems to meet some of our concerns and satisfies the needs and wants and
flavor of what the Fire Marshal basically agrees. So as Chairman, | say that it meets what we discussed and would fully
support this motion and I’d like to thank Alderman Jette working with and cleaning this up and appreciate it. Thank you.

Alderman Klee

Thank you. This looks really good, but | just have some clarification if anybody can answer it. When it says “municipality
neither assumes responsibility for maintenance for said private road nor a liability for any damages resulting from the use
thereof” does that mean we don’t pave it? We don’t have to do the paving, we don’t have to plow it, will there be trash
pick-up for that particular address? If there is any accident or anything that happens on that is the City liable for anything?

Alderman O’Brien

I’m going to have to research, but maybe somebody else can give a better answer, but basically it’s a private road. | think
that would mean the owners would be responsible for the paving. Trash — | think that’s the one that | question. | think
everyone through their tax base has some entitlement to trash pick-up.

Alderman Klee
The reason | brought that up is recently | have been approached by someone, and | think Alderman Dowd can speak to it
as well, from someone in Ward 2 that has recently built a few homes considered a private road and the City will not pick-

up their trash nor will they pave it. That’s why | wanted clarification on this and perhaps Alderman Dowd.

President Wilshire

I’m going to call on Alderman Jette.
Alderman Jette

Yes, it means exactly what it says that the City does not assume responsibility for the maintenance of the road, so that
includes paving, plowing, or any of those things. Secondly, the city does not have any liability for any damages that might
result from the use thereof. That’s right out of the Statute that enables them to build a house on an unapproved street
with our permission.

As far as the trash pick-up, my understanding is that they are close enough to the accepted portion of Roby Street and if
they put the barrels out on the property line of this new lot, it would actually bisect it’s adjacent to the approved part of

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Roby Street, so if they put their barrels out there they would get trash pick-up. If they keep the barrels on the private road,
there would not be trash pick-up.

Alderman Dowd
| researched this on the Manchester Street issue and both Matt Sullivan and with DPW. No there would be no trash
collection, no plowing on private roads for a number of reasons which people can research if they want to. You can’t bring

your barrels to the end of the street and expect the City to pick them up. They won’t do that.

Alderman Cathey

Based on this topic, I’m going to withdraw because | had a different understanding based on what came before the
Planning Board.

President Wilshire

Anyone else? Alderman Lopez.

Alderman Lopez

| just would like to ask Corporation Counsel for their opinion on the amendments that they were working on and then
additionally (this probably sounds like a stupid question but since it’s been over 110 years since the road was conceived
and we don't do these petitions very much), where the Petition includes a specific address does that create any
complications if later we have to amend the address for any future projects like trying to get E911 up-to-date or something
along those lines? Two questions for Attorney Bolton.

Steve Bolton, Corporation Counsel

| think the E911 protocol were taken into consideration by the Fire Marshal’s office when they assigned the 19 Roby
Street address to this parcel. So if the legislature changes the law and requires us to renumber everything, this will be
included in that but | don’t anticipate that happening. That’s going to be the same situation with every property that the
legislature requires it will have to do it. But | don’t think it presents a particular problem in this case.

I’ve got no opinion on the trash collection. As far as | Know, my office was not asked to review that and it’s a new question
which would take some research before | could give an informed opinion on that. | have every reason to believe that the
situation is exactly as Attorney Westgate and Alderman Jette described it, so if this is what the Fire Marshal’s office
desires, | see no legal impediment if any of you wish to have written confirmation from the Fire Marshal’s office that’s up to
you.

Alderman Klee

Thank you Madam President. | have no issue with what the Fire Marshal. My only concern, and | know it sounds like a
silly one, but | don’t want anybody to come later on. We do have a case with a very angry builder in Ward 2. It’s my
constituent which is why I’m involved in it that is very upset that he can’t get trash pick-up - were told could not bring it to
end of street. If that is the case, then he could bring it to the end of the street as was spoken to the 19 Roby property. So
| want to have equity and fairness. | want to make sure that we’re doing it the right way because Alderman Dowd and |
will both will be getting some phone calls because we know he’s listening so if we can. | Know Matt Sullivan, soon to be
Director Sullivan, is on the line. | hate to put him on the spot. He may not be able to answer this question. | don’t see
anybody from Public Works there, but if maybe we could get more information. | really am concerned about it because we
both have been going round and round for months on this one.

President Wilshire

Mr. Sullivan is here.

Matt Sullivan, Planning Director

I’d be happy to address this question. For the record, Matt Sullivan, Planning Director for the City of Nashua. The
uncertainly that Alderman Cathey referred to at the Planning Board level was that this specific situation is bit of an unclear
one in that we are not certain whether to treat it as a private driveway or as a private road. Therefore there was some

Board of Aldermen 03-08-2022 Page 8

consideration that trash pick-up may, in fact, be provided to the site based on its unique status at the cap of the road as it
stands.

In speaking to representatives from the Public Works Department, it will ultimately come to Solid Waste to make to make
a decision. It is not similar to the Manchester Street situation which involves multiple private units on a larger private road
and therefore there is a differentiation. All be it we do not know exactly what will happen with this specific proposal this
evening. That was the uncertainty that we spoke to at the Planning Board level however. | want to make that very clear
that there is a difference in the two circumstances.

President Wilshire

Thank you very much.

Matt Sullivan, Planning Director

Of course.

Alderman O’Brien

Thank you Madam President. While we are on the subject matter and this is really for the benefit for some of the newer
Alderman, but being on Infrastructure for a while as Chairman, we get these occasional blips like this. Property within the
city is coming down to I’m not saying overbuilt, but what was once considered a vacant lot now is being occupied. But the
street numbers have been numbered. The system up in Concord - in case you do not know - but all 911 calls go to
Concord. From Concord, they get fed out to the individual communities. So that’s the “E”. It stands for “Enhanced 911
System”. They can tell exactly where the call is being made from and everything so it is imperative.

We have the authority as a municipality to grant an exception and we have in the past such as like an address number 19
and then the next one would be off numbered or something like that just to allow. At some future point, we may need to
renumber the City if we ever get to that, but we have had several examples such as New Searles Road that | can think of
and other different things. If you have questions of what the E911 what it basically means, but I’m glad to see that this
one is very simple. It seems to meet the Fire Marshal’s approval which means it meets Concord’s approval. | don’t have
any problem with making Concord frown on occasion, but it just seems to meet the standards so I’m content with this.
Thank you.

President Wilshire

Mr. Sullivan did you want to add something to that?

Matt Sullivan, Planning Director

| did receive an email this morning from Fire Marshal Pouliot at 9:25 a.m. stating, “Good morning Matt, | met with Mr.
Plante on Roby Street yesterday morning to view the site to make sure it will meet our requirements. After viewing the
site, the Fire Marshal’s office has no concern with this project moving forward”. | also spoke to the Fire Marshal this
evening just before the meeting he confirmed that | could represent that he did, in fact, confirm that the site complies with
his expectations. Thank you.

President Wilshire

Thank you. So the motion is to amend with the copy that was given handout this evening.
MOTION CARRIED

MOTION BY ALDERMAN LOPEZ FOR FINAL PASSAGE AS AMENDED
MOTION CARRIED

NOMINATIONS, APPOINTMENTS AND ELECTIONS

Joint Convention with Trustees of Woodlawn/Pinewood Cemeteries

There being no objection, President Wilshire accepted the communication, placed it on file, and scheduled a Joint