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SPECIAL BOARD OF ALDERMEN
FEBRUARY 6, 2017

Dr. Crisp Elementary
5:00 PM Media Center

PRESIDENT BRIAN S. MCCARTHY CALLS ASSEMBLY TO ORDER

PRAYER OFFERED BY CITY CLERK PATRICIA D. PIECUCH

PLEDGE TO THE FLAG LED BY ALDERMAN-AT-LARGE MARK S. COOKSON
ROLL CALL

COMMUNICATIONS

From: Brian S. McCarthy, President, Board of Aldermen
Re: Special Board of Aldermen Meeting

ADJOURNMENT

Board of Aldermen
City of Nashua
229 Main Street Brian S. McCarthy

Nashua, NH 03061-2019 President, Board of Aldermen
(603) 589-3030

February 3, 2017

Patricia D. Piecuch, City Clerk
City of Nashua

229 Main Street

Nashua, NH 03061-2019

Dear Ms. Piecuch:
Please be advised | am hereby calling a Special Meeting of the Board of Aldermen for Monday, February
6, 2017, at 5:00 p.m. at the Dr. Crisp Elementary School Media Center. The purpose of the meeting is

to meet jointly with the members of the Nashua Delegation.

Sincerely,

Brian McCarthy, President

cc: Mayor Jim Donchess
Steven A. Bolton, Corporation Counsel

A regular meeting of the Board of Aldermen was held Tuesday, January 24, 2017, at 7:30 p.m. in the
Aldermanic Chamber.

President Brian S. McCarthy presided; Deputy City Clerk Judith Boileau recorded.

Prayer was offered by Deputy City Clerk Judith Boileau; Alderman-at-Large Lori Wilshire led in the Pledge to
the Flag.

The roll call was taken with 15 members of the Board of Aldermen present.
Mayor James W. Donchess and Corporation Counsel Steven A. Bolton were also in attendance.

REMARKS BY THE MAYOR

Mayor Donchess

On tonight’s agenda are a number of appointments to various Boards and Commissions in the city. Many of
the people are here to be sworn in. We are fortunate in Nashua to have many people who voluntarily agree to
use their time and talents and creativity. We are looking for people with intelligence and imagination that are
committed to Nashua and we have a whole group of them on the agenda tonight. | want to thank each of them
for agreeing to serve on the various Boards and Commissions. | think you will find that they are people with a
variety of different backgrounds and talents, all of whom will serve the city very well.

The second thing is that we went up to testify on the three pension bills today, one bill would extend the
deadline by which the state pension system must reach the 100%, another to address the so-called assumed
rate of return and another to recommit that state to part of the promise that it originally made which was to pay
for a part of the pension cost for municipal employees. The original promise that was kept for a number of
decades was to pay 35% and now that is zero and the bill proposes 15%; that part of that promise be restored.
| went up, Alderman McCarthy, Alderman O’Brien, Alderman LeBrun and both Aldermen O’Brien and LeBrun
are state reps and State Representative Mariellen MacKay, Fred Teeboom and others were there who were
very helpful and we all testified in favor of the bills and | think the committee at least listened to what we had to
say but we will have to see what happens. | think we made a strong case that the state should help us
address these pension issues.

Coming up | wanted to remind you that we’ve got a few community events. First of all, the Town Halls that |
am holding, there are two next week; one on Tuesday for Ward 2 and is at the Charlotte Avenue School, one
on Thursday for Ward 4 which is at Ledge Street and tomorrow there will be one at the Senior Center at 10:00
a.m. A group of Aldermen have come to these and | find them always interesting and informative, each one
kind of takes on a separate turn in the discussion. Anyone who would like to come is extremely welcome and
we would love to get your input at any of those meetings. Also this week we have a couple of meetings that
we are holding here and right outside of City Hall. We have a Rail Trail lighting ceremony scheduled for 5:00
p.m. on Thursday. This is a project that we’ve all been working on to improve the walkability and livability for
people who use the rail trail. That evening we also have the Snow Plowing Presentation which is going to be
presented by the Director of Public Works, Lisa Fauteux and others to again, go over this years’ snow plowing
plan and answer any questions you or members of the public may have.

Finally | wanted to briefly mention that the Safe Stations Program has really picked up in 2017. As of today
there are about 97 reports and things seem to be going well even though we don’t know if this trend will hold.
The OD trend is lower in 2017 than it was in the last part of 2016 and in most of 2016. We hope this program
can make an impact on the opioid crisis that we are all very concerned about.

Alderman Lopez

Board of Aldermen Page 2
January 24, 2017

My thanks to the Mayor for continuing to work on the lighting of the rail trail and his efforts in investing in the
opioid crisis with the Mayor’s Opioid Task Force. These are both issues that are hitting Ward 4 particularly
hard and I’m sure that everybody appreciates the effort that he is putting into it.

RESPONSE TO REMARKS OF THE MAYOR - None

RECOGNITION PERIOD — None

READING MINUTES OF PREVIOUS MEETING

MOTION BY ALDERMAN WILSHIRE THAT THE MINUTES OF THE BOARD OF ALDERMEN MEETING
OF JANUARY 10, 2017, BE ACCEPTED, PLACED ON FILE, AND THE READING SUSPENDED
MOTION CARRIED

COMMUNICATIONS

MOTION BY ALDERWOMAN MELIZZI-GOLJA THAT ALL COMMUNICATIONS BE READ BY TITLE ONLY
MOTION CARRIED

From: William McKinney, Building Department Manager
Re: Request to Apply Permit Fees Paid Prior
e PEDC Recommends: Granting Request

MOTION BY ALDERWOMAN MELIZZI-GOLJA TO ACCEPT, PLACE ON FILE AND GRANT THE REQUEST
TO APPLY THE PERMIT FEES PAID IN THE AMOUNT OF $26,476.50 TO THE RE-ISSUED PERMITS FOR 8-
45 BENNETT STREET

MOTION CARRIED

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

PETITIONS — None
NOMINATIONS, APPOINTMENTS AND ELECTIONS — None

REPORTS OF COMMITTEE

Finance Committee... 0.0.0... ccc ccc cee cee cee cee eee cue eeecueuenenetertneneneneners 01/04/17

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

Human Affairs COMMittee........ eee ceeccceeccceececeuecececceeeueceeaceeeaeceraneeranees 01/09/17

There being no objection, President McCarthy declared the report of the January 9, 2017
Human Affairs Committee accepted and placed on file.

Committee on Infrastructure. 0... .0c cc cccccccccccnecccceeceeeecececeeeuuecereeereneeenases 01/11/17

There being no objection, President McCarthy declared the report of the January 11, 2017
Committee on Infrastructure accepted and placed on file.

Board of Aldermen Page 3
January 24, 2017

Personnel/Administrative Affairs Committee. ...0...0.0..00cccceccecseceeceeeeeeeeees 01/19/17

There being no objection, President McCarthy declared the report of the January 19, 2017
Personnel/Administrative Affairs Committee accepted and placed on file.

Planning & Economic Development Committee... cceecceeeeeeeeeees 01/03/17

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

Strategic Planning Committee........... ccc ccc ceeeeceeeeeeeeeeeetttteeeeeeeeeeeenaes 01/05/17

There being no objection, President McCarthy declared the report of the January 5, 2017
Strategic Planning Committee accepted and placed on file.

MOTION BY ALDERMAN CLEMONS THAT THE RULES BE SO FAR SUSPENDED AS TO ALLOW FOR
AN ORAL REPORT OF THE PERSONNEL/ADMINISTRATIVE AFFAIRS COMMITTEE MEETING HELD
EARLIER THIS EVENING

MOTION CARRIED

Alderman Clemons gave an oral report of the Personnel/Administrative Affairs Committee meeting held prior
to the full Board of Aldermen meeting.

There being no objection, President McCarthy declared the oral report of the January 24, 2017,
Personnel/Administrative Affairs Committee accepted and placed on file.

WRITTEN REPORTS FROM LIAISONS — None

CONFIRMATION OF MAYOR'S APPOINTMENTS

Nashua Arts Commission

MOTION BY ALDERMAN SIEGEL TO CONFIRM BY VOICE VOTE THE APPOINTMENT OF RACHEL
RENDINA, 31 DANIEL WEBSTER HIGHWAY, NASHUA, TO THE NASHUA ARTS COMMISSION FOR

A TERM TO EXPIRE JANUARY 31, 2020

ON THE QUESTION

Alderman Cookson

| want to take a moment to express my appreciation to Rachel for stepping forward to take on this roll. I’ve
known Rachel for several years and | think she will be a great addition to the Arts Commission. She has an
affinity for dance and for children. Both my daughter and myself appreciate all of the time she spent with
Alexandra and helping her with dance and in many different other capacities.

MOTION CARRIED

President McCarthy declared Rachel Rendina duly appointed to the Nashua Arts Commission for a term to
expire January 31, 2020.

Oath of Office administered by Corporation Counsel.

Board of Aldermen Page 4
January 24, 2017

Board of Building and Fire Codes Appeals

MOTION BY ALDERMAN LEBRUN TO CONFIRM BY VOICE VOTE THE APPOINTMENT OF THE
FOLLOWING INDIVIDUALS TO THE BOARD OF BUILDING AND FIRE CODES APPEALS FOR TERMS
TO EXPIRE JANUARY 31, 2020: DANIEL BERGERON, 27 WEBSTER STREET, NASHUA; SCOTT COTE,
39 TENBY DRIVE, NASHUA; AND KEVIN SLATTERY, 4 BERKELEY STREET, NASHUA

MOTION CARRIED

President McCarthy declared Daniel Bergeron and Kevin Slattery duly appointed to the Board of Building and
Fire Codes Appeals for terms to expire January 31, 2020.

Oath of Office administered by Corporation Counsel.

Board of Registrars

MOTION BY ALDERMAN CARON TO CONFIRM BY VOICE VOTE THE APPOINTMENT OF GWENDOLYN
MIKAILOV, 11 APPLETREE GREEN, NASHUA, TO THE BOARD OF REGISTRARS FOR A TERM TO
EXPIRE DECEMBER 31, 2018

MOTION CARRIED

President McCarthy declared Gwendolyn Mikailov duly appointed to the Board of Registrars for a term to
expire December 31, 2018.

Oath of Office administered by Corporation Counsel.

Citizens Advisory Commission for Community Grants

MOTION BY ALDERMAN CARON TO CONFIRM BY VOICE VOTE THE APPOINTMENT OF MICHAEL
APFELBERG, 7 EDSON STREET, NASHUA, TO THE CITIZENS ADVISORY COMMISSION FOR
COMMUNITY GRANTS FOR A TERM TO EXPIRE JANUARY 31, 2020

MOTION CARRIED

President McCarthy declared Michael Apfelberg duly appointed to the Citizens Advisory Commission for
Community Grants for a term to expire January 31, 2020.

Oath of Office administered by Corporation Counsel.

Downtown Improvement Committee

MOTION BY ALDERMAN CLEMONS TO CONFIRM BY VOICE VOTE THE APPOINTMENT OF AMANDA
SCHNECK, 26 CHESTER STREET, NASHUA, TO THE DOWNTOWN IMPROVEMENT COMMITTEE FOR A
TERM TO EXPIRE DECEMBER 31, 2019

MOTION CARRIED

President McCarthy declared Amanda Schneck duly appointed to the Downtown Improvement Committee
for a term to expire December 31, 2019.

Oath of Office administered by Corporation Counsel.

Environment and Energy Committee

MOTION BY ALDERMAN LOPEZ TO CONFIRM BY VOICE VOTE THE APPOINTMENT OF THE
FOLLOWING INDIVIDUALS TO THE ENVIRONMENT AND ENERGY COMMITTEE FOR TERMS TO
EXPIRE JANUARY 31, 2020: GARY LAMBERT, 32 COLUMBIA AVENUE, NASHUA; MICHAEL SEIDEL,

Board of Aldermen Page 5
January 24, 2017

19 JEREMY PLACE, NASHUA; SYLVIE STEWART, 44 SPRING COVE ROAD, NASHUA; AND, DANIEL M.
WEEKS, 7 SHATTUCK STREET, NASHUA
MOTION CARRIED

President McCarthy declared Gary Lambert, Sylvie Stewart and Daniel M. Weeks duly appointed to the
Environment and Energy Committee for terms to expire January 31, 2020.

Oath of Office administered by Corporation Counsel.
Ethics Review Committee

MOTION BY ALDERMAN CLEMONS TO CONFIRM BY VOICE VOTE THE APPOINTMENT OF THE
FOLLOWING INDIVIDUALS TO THE ETHICS REVIEW COMMITTEE: TIMOTHY BUSH, 282 EAST
DUNSTABLE ROAD, NASHUA; JOHN (JACK) D. KELLEY, 12 SKYLINE DRIVE, NASHUA; AND
MICHAEL J. TABACSKO, 5 FEDERAL HILL ROAD, NASHUA FOR TERMS TO EXPIRE DECEMBER 31,
2019; AND, SINDISO MNISI WEEKS, 7 SHATTUCK STREET, NASHUA, NH, FOR A TERM TO EXPIRE
JANUARY 31, 2020

MOTION CARRIED

President McCarthy declared Michael J. Tabacsko duly appointed to the Ethics Review Committee for the
aforementioned terms.

Oath of Office administered by Corporation Counsel.
UNFINISHED BUSINESS — RESOLUTIONS

R-16-083
Endorsers: Mayor Jim Donchess
Alderman-at-Large Lori Wilshire
RELATIVE TO THE ACCEPTANCE AND APPROPRIATION OF $58,000 FROM THE STATE
OF NEW HAMPSHIRE INTO POLICE GRANT ACTIVITY “FY2017 VIOLENCE AGAINST
WOMEN GRANT PROGRAM” AND TO AUTHORIZE THE TRANSFER OF $59,533
Given its second reading;

MOTION BY ALDERMAN WILSHIRE FOR FINAL PASSAGE OF R-16-083
MOTION CARRIED

Resolution R-16-083 declared duly adopted.

UNFINISHED BUSINESS — ORDINANCES — None

NEW BUSINESS — RESOLUTIONS

R-17-086
Endorser: Alderman-at-Large Daniel T. Moriarty
AUTHORIZING RELEASE OF A CERTAIN SEWER EASEMENT RESERVED ON FORMER HILTON
AVENUE (OFF DANE STREET)
Given its first reading; assigned to the COMMITTEE ON INFRASTRUCTURE and the BOARD OF PUBLIC
WORKS by President McCarthy

Board of Aldermen Page 6
January 24, 2017

NEW BUSINESS — ORDINANCES

O-17-030
Endorser: Alderman David Schoneman
ALLOWING RESIDENTS OF JEFFERSON STREET TO PURCHASE OVERNIGHT ON-STREET
PARKING PERMITS

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

O-17-031
Endorser: Mayor Jim Donchess
Alderman Richard A. Dowd
Alderman Ben Clemons
Alderman-at-Large Lori Wilshire
Alderman June M. Caron
Alderwoman Mary Ann Melizzi-Golja
Alderman-at-Large Michael B. O’Brien, Sr.
RELATIVE TO THE WASTEWATER SYSTEM FUND AS A SEWER FUND
Given its first reading;

MOTION BY ALDERMAN DOWD TO ACCEPT THE FIRST READING OF R-17-031, ASSIGN IT
TO THE BUDGET REVIEW COMMITTEE AND THAT A PUBLIC HEARING BE SCHEDULED FOR
MONDAY, FEBRUARY 27, 2017, AT 7:00 PM IN THE ALDERMANIC CHAMBER

ON THE QUESTION
Alderman Deane

| read Attorney Clarke’s e-mail and her response to former Alderman Teeboom that said the sewer fund was
already established as a special revenue account and therefore it had been operating as one and we didn’t
need to have a public hearing on the legislation. VVhat’s changed in her response to Mr. Teeboom and the
motion that Alderman Dowd has just made and if that’s the case | would like to be supplied with the legislation
associated with establishing the wastewater treatment fund as a special revenue account along with all of the
minutes associated with committee meetings or wherever it was sent to along with the full Board for final
passage.

Attorney Bolton

Nothing has changed and | agree with Attorney Clarke that there is no technical requirement to have a public
hearing but in the interest of allowing the public speak and in the spirit of being abundantly cautious we
recommended that a public hearing be held. We can’t be wrong in having one, we can listen to whatever
testimony there would be and make a decision as to whether to approve this piece of legislation; amend it or
not approve it at all. | will institute a search for records when this was established. My sense is that it was
approximately 25 to 30 years ago.

Alderman Deane
Attorney Bolton, was the solid waste department set up as a special revenue account as well?

Attorney Bolton

Solid waste was an enterprise fund. Whether it actually met all of the requirements of a special revenue
account: | think the answer to that is probably not because although we do charge tipping fees for commercial
haulers, the collection and disposal of residential waste, particularly single-family and smaller residential

Board of Aldermen Page 7
January 24, 2017

dwellings as opposed to large complexes, that is essentially funded through tax dollars so | don’t believe that
was set-up with all of the technical requirements of a special revenue account but we do refer to it and it’s
somewhat structured as an enterprise fund but at this point it is sort of a hybrid situation.

President McCarthy

Part of the question is whether or not it qualifies as a special revenue fund, was legislation passed that tried to
establish it as one at some point.

Attorney Bolton

My guess is no but | don’t know that for sure.
Alderman Deane

If we go back in time and look at the operation and maintenance along with the collections at solid waste, there
was a point in time when a supplemental appropriation out of the tax base was not required and that happened
when the closure requirements from the state along with permitting and landfill expansion were brought in to
extend the life of our solid waste disposal area down at Four Hills. There was a point in time when there was a
generous amount of money that was spent on plenty of other things outside of the landfill. Now what we are
required to do is provide a $4+ million supplemental appropriation to cover those costs and |’m pretty much
convinced that if you took the collection cost out of that budget and let it sit alone the operations and
maintenance of that landfill would be paid for and then some with the tipping revenue that is brought in on a
yearly basis. It makes me wonder since they were both established as enterprise funds and whereas the solid
waste department was at one time was solvent, it was flushed with cash because it used to be used for other
purposes and in fact, Mayor Donchess probably remembers when he was Mayor that some of that money was
used for reducing the tax rate and other things. | was wondering if that had, in fact, been done and while you
are out searching for this piece of special revenue account legislation associated with wastewater | was
wondering if we could take a gander and see if there is one for solid waste as well. If they don’t want to do that
and honor my request then that’s fine too.

Attorney Bolton

It will be done.

Alderman Deane

Is Attorney Clarke going to send out a retraction of what she sent to former Alderman Teeboom?
Attorney Bolton

Nothing that Attorney Clarke said was wrong.
Alderman Deane

I’m not implying that.

Attorney Bolton

She doesn’t have to retract it. It’s accurate.
Alderman Deane

So | take your answer is no.

Board of Aldermen Page 5
June 14, 2016

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”

There being no objection, President McCarthy declared the communication accepted and placed
on file

There being no objection, President McCarthy suspended the rules to allow for the introduction
of communications received after the agenda was prepared

From: Alderman Ken Siegel
Re: Response to Request for Continuance from Attorney Peter J. Nicosia
(Proposed Nashua Ordinance O-16-003, Chapter 74) - Alderman Meeting June 14

There being no objection, President McCarthy declared the communication accepted and placed
on file

From: Peter J. Nicosia, Esquire
Re: Memorandum in Opposition to Proposed Nashua Ordinance O-16-003, Chapter 74
(Board of Aldermen Meeting June 14, 2016)

There being no objection, President McCarthy declared the communication accepted and placed
on file

From: Bob Keating
Re: In Support of O-16-003 Administrative Enforcement Ordinance

There being no objection, President McCarthy declared the communication accepted and placed
on file

From: Unsigned Email from Doodlebugs5@comcast.net
Re: June 15, 2016 Aldermen Meeting; Proposed Nashua Ordinance O-16-003, Chapter 74

There being no objection, President McCarthy declared that communication accepted and placed
on file

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

Ms. Mariellen MacKay, 9 Webster Street

| am here in support of O-16-003. | am here also as a commission member of the Nashua Housing
Authority and | am going to be brief because | am also a member of the Zoning Board of Adjustment and
we are meeting upstairs. This ordinance and | did speak with my fellow commission members on the
Housing Authority. It is in line and keeping with how the Nashua Housing Authority runs its Section 8
operations. As probably the largest landlord in this city, this addresses a need that the Housing Authority
supports. A landlord, for instance, does not abate a violation within a reasonable amount of time then
our executive director is in agreement that a civil penalty should be imposed but before warnings and not
before ample time and not without absolute recourse. | understand that there is concern around an
appeals process but an appeals process exists today and that is going to court, there is not Appeals
Board. | guess when the Mayor referenced what Manchester does to gain so much money Nashua
would have to do the same thing in order to be able to support an Appeals Board. | think that while