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Board of Aldermen Page 8
January 24, 2017

Attorney Bolton

We have no plan to do that. If anyone thinks it would be a courteous thing to do, we could certainly consider
doing that.

Alderman Deane

Thank you.

Alderman Siegel

Might | just use the term “send out a clarification”. It might be a more appropriate term because it probably is
reasonable to clarify why an answer was given and now we are having a public hearing which is in opposition
to what was said in there. | think your explanation would be fine, just clarify.

Attorney Bolton

I'll take care of that.
MOTION CARRIED

O-17-032
Endorser: Alderman David Schoneman
PROHIBITING PARKING ON A PORTION OF MANCHESTER STREET NEAR THE TOWN OF
MERRIMACK BORDER

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

PERIOD FOR GENERAL PUBLIC COMMENT
Kristen Nelson, 2928 Tangerine Court, Leesburg, Florida.

| am a God-fearing citizen who has been traveling the United States of America helping all citizens to realize
the new codification possibility of citizen overlay zones. With God, all things are possible. These citizen
overlay zones will allow Nashua, the second largest city in New Hampshire, to codify or add in a new life peace
zone overlay in any desired demographic area that would include a neighborhood and business district so that
life is always preserved that is peacefully developing in the mother’s womb. | have been traveling with lay
brother, Steven Gerard, third order Franciscan, and learning the art of petitioning this new diplomacy of life. |
wholeheartedly encourage all of you to not just ponder this new fruitful constitutional vision and movement but
also ask and schedule in an LPZ educational presentation for your next city council meeting of February 14. |
am told that New Hampshire is unique like Illinois and citizens rely on your legislative ability to codify new
zoning laws. Brother Steve seems to have a developing understanding of the importance of the proper
approach to codifying new citizen overlay zones in your Live Free or Die State of New Hampshire. Brother
Steve and | are now preparing to attend the upcoming Washington, DC March for Life this coming Thursday,
Friday and Saturday. If you have not scheduled an activity then come meet with us and walk for the original
concept called life peace zones that are displayed on this banner before you. A developing citizen for life and
peace. Clap, clap, clap. Thank you.

Steven Gerard, 1109 West 8"" Street, Lorraine, Ohio.

Peace and all good, beloved Mayor and Aldermen and Alderwoman here in the fine City of Nashua. | have
been traveling the country since about 2009. The original concept of the citizen overlay zones is called life
peace zones. | have the original article in my hand and will email it so you have it readily available. Every
child peacefully developing in the mother’s womb has a right to birth and has the right to dance. | think you all

Board of Aldermen Page 9
January 24, 2017

just confirmed beautiful Rachel Rendina. I’m delighted to let you know, | love the arts. | love dance. I’ve
taught country western dance. I’ve danced waltzes and polkas. I’m delighted that before she left she said she
had an infinity for dance for children, or someone commented on that. Every child peacefully developing in the
mother’s womb has that infinity too and deserves that right for their future life and journey. I’m here because |
desire to explore a new possibility with all of you. A new possible movement that is going to require your
heartfelt and mental dedicated work for analyzing for your charter city that might actually move the Constitution
of New Hampshire in a new direction. You may very well legislate a possibility to add a new chapter in the
zoning law. It would take me an hour to go over everything, but | am going to give you your first homework
since I’m a Franciscan lay brother. | like to do that. | used to teach at the University of Cincinnati. If the
students were learning about statistics or calculus or accounting, all of those courses | taught as an adjunct
instructor. | gave them plenty of homework. Your first assignment is to remember the following book: “Killing
the Culture” written by Father Richard Spitzer, former President of Gonzaga University. Your next assignment
is going to be a journey with me to help me write my book called “The Diplomacy of Life.” I’m going to need all
of your help. The original concept of citizen overlay zones, life peace zones, pro lifers urged me to get to
Aurora, Illinois. | believe the State of New Hampshire and Illinois have something in common. So! am going
to need all of your help to understand how citizens who are not permitted to petition in their cities and states
because they elect you, you move the cities in these new directions. | want to write about the four phases of
the diplomacy of life. Codification, realization, promulgation, and implementation of these new citizen overlay
zones. | will conclude with in my journey of life as | travel, | try to learn the word peace because of the original
concept of life peace zones. Pax, peace in Latin. Pace, peace in Italian. Santi, peace in India. Heping, peace
in Chinese, ala paix, to peace in French. Beke, peace in Slovakia. | hope in the near future some of you will
get on board with this new possibility. It will take an educational presentation to talk to you about some of the
court cases that you need to be mindful of. Come walk with us in Washington, DC this Thursday, Friday and
Saturday. If you want to call me, if it’s cold or rainy, at 619-806-2124. |’ll repeat it again: 619-806-2124. |
invite all of you to become citizens for life and peace. Right now. Clap, clap, clap. Citizens for life and peace.

REMARKS BY THE MEMBERS OF THE BOARD OF ALDERMEN
Alderman O’Brien

Tomorrow up at the LOB, the Legislative Office Building, up in Concord, the Transportation Committee is going
to be hearing House Bill 267, which is the repeal of the Rail Transit Authority. Those, like myself, who are
keenly interested at home or my fellow aldermen that are interested in getting commuter rail, we need the Rail
Transit Authority to do that. | hope to see some of you there.

Alderman Moriarty

| noticed while reading through R-17-031, that there is a bit of a backfire. It actually reduces the amount that
the budget can grow. It says the existing NRO 255-61 describes the wastewater system fund shall be legal
accounting entity of the city. It talks about the revenues and expenditures. It’s already well defined what that
wastewater system fund is. We can go to last year, previous years and we know what that amount is. Then
you go to the next page and it talks about when you calculate the Spending Cap. It says that this ordinance is
going to redefine what the combined annual municipal budget is. For the purpose of calculating the Spending
Cap, the combined annual municipal budget does not include these sewer funds. When we go to calculate
what the next budget can be, we take the current budget and we don’t include the wastewater system fund.
Then we add the one percent growth to that and that’s what the next budget can be. Because we’re not going
to be counting the wastewater system fund, we don’t get to grow the budget by the one percent of that fund. If
that fund was $1 million the rest of the budget would be able to grow one percent of a million dollars on top of
the one percent that the budget gets to grow anyway. We’re missing out on that opportunity to grow the
budget by one percent in the wastewater fund.

Alderman Lopez

Board of Aldermen Page 10
January 24, 2017

Tomorrow at Harbor Homes is Project Homeless Connect. Any individuals who are homeless or having
trouble with housing, it’s an opportunity to meet all the organizations that could support you in Nashua. That’s
between 11 a.m. and 2:00 p.m. on High Street. Tomorrow is also the Annual Point in Time count where we try
to take a snapshot of everybody who doesn’t have secure housing.

Alderman Siegel

| have a problem with the possibility of our meetings becoming sort of a dumping ground for anybody who
wants to wander through from whatever location, wherever they are in the country, and using our public space
as a forum for these types of views, which we may hold, which is fine; we may not hold. But this is a
governmental body. We’re not here as a forum for somebody to espouse a viewpoint that’s not relevant to
Nashua. If those people are from Nashua, God bless. They can come in here, and we have certainly have
heard a lot of public testimony at the general comment period, which could best to described as somewhat
different. | respect people’s rights to free speech, but | would hope that they would respect our rights and feel
free to have that free speech where their local governments are located and not view this as the latest strategy
in whatever needs to be done or felt needs to be done to visit an opinion in a public forum. Others may not
share my point of view, but | find the possibilities incredibly troubling. Where does it end? That’s just my
Opinion.

Alderman Clemons

In regards to what the previous speaker just said, | could not disagree more. | think our public comment period
at the end of the Board of Aldermen meetings need to be as open and as liberal to whoever wants to come and
speak to us. Whether they be from Nashua or Florida or Ohio, if they have come to the meeting to speak to us
and they think they have something relevant to say to us then we should allow them to say it. | don’t agree
with anything that was said this evening in the public comment. | don’t agree. Those aren’t my views. I’m
prochoice. However, | will never, ever advocate for the nine people the right to speak regardless of where they
come from. It’s a value that | hold dear to my heart and one that is written well into our Constitution.

President McCarthy

As the Mayor said, we went up today on the retirement bills. It remains to be seen what effect the testimony
actually had on the committee. | did have a conversation with a couple of the reps afterwards which indicated
they had been listening and may look at some of the issues. A lot of interesting discussion was had. We also
went up last week and spoke to the aircraft fees legislation that Alderman LeBrun introduced. | think that one,
the point was made at least, we had other representatives from businesses at the airport and from business
from Pease Airport that echoed the sediments of we’re losing the battle to bring corporations to southern New
Hampshire and something needs to be done about it. | believe that bill will actually be sent back from the
Transportation Committee and referred to the Ways and Means Committee where | suspect some work will be
done to look at things like can the fuel tax have a slight increase to compensate the revenue we would lose
from the millage part of the registration fees. Tomorrow on our behalf, we didn’t have time to deal with the rail
resolution, and we’ve frankly sent quite a few of them north in the past anyway, Ms. Lovering will be taking a
letter from me that just references the resolutions that we have passed and copies of the resolutions to hand
out. I’m of the opinion that since there is no funding associated with the Rail Authority at this point that
repealing it is simply a mechanism to ensure that it is harder in the future to get rail to Nashua if we need it and
expressed my opposition to them doing that. This is an identical bill to one that we went an testified against a
few years ago. There was a request that try to get another meeting with the Legislative Delegation. The
evenings are quite crowded but Alderman Clemons has cancelled the Personnel on February 6, which is the
night of the Ward 7 meeting. We haven’t verified it with the Delegation yet, but | think what we are going to do
is schedule a meeting with the Delegation at Dr. Crisp at 5:00 p.m. which would then go to when the ward
meeting is at 7 o’clock so people can attend both of those things. We will keep you posted on whether that
words out or not.

Board of Aldermen Page 11
January 24, 2017

Committee announcements:
Alderman Dowd

Thursday is the Construction Projects Committee and Joint Special School Building Committee at 7 p.m. here
in the Aldermanic Chamber

Alderman Cookson

We will have the Committee on Infrastructure tomorrow evening at 7:00 p.m. Anything referred to our
committee this evening, will be discussed at the February Infrastructure meeting.

Alderwoman Melizzi-Golja

Next Tuesday, the 31°", Strategic Planning will be in the auditorium. The following Tuesday is PEDC. We have
two public hearings at 7 PM and then PEDC will follow.

ADJOURNMENT

MOTION BY ALDERMAN WILSHIRE THAT THE JANUARY 24, 2017 MEETING OF THE BOARD OF
ALDERMEN BE ADJOURNED

MOTION CARRIED

The meeting was declared adjourned at 3:25 p.m.

Attest: Judith Boileau, Deputy City Clerk

AGENDA MEETING OF THE BOARD OF ALDERMEN JANUARY 24, 2017
1. PRESIDENT BRIAN S. McCARTHY CALLS ASSEMBLY TO ORDER
2. PRAYER OFFERED BY CITY CLERK PATRICIA PIECUCH
3. PLEDGE TO THE FLAG LED BY ALDERMAN-AT-LARGE LORI WILSHIRE
4. ROLL CALL
5. REMARKS BY THE MAYOR
6. RESPONSE TO REMARKS OF THE MAYOR
7. RECOGNITIONS
8. READING OF MINUTES OF PREVIOUS MEETING
Board of AIGErmen..............:cccccccececeeeeeeereeeeeeeeeeeeeeecceeeeeeeeeeeecennreeeeeeeeeesnnnnteaeeeeereeteees 01/10/2017
9. COMMUNICATIONS
From: William McKinney, Building Department Manager
Re: Request to Apply Permit Fees Paid Prior

e PEDC Recommends: Granting Request

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

10. PETITIONS
11. NOMINATIONS, APPOINTMENTS AND ELECTIONS

12. REPORTS OF COMMITTEE

Finance Committee. ...0.... ce cecc ccc c cee ecce cee ae cesses ae veseesaaveveesuaaeveseeaaeveesaaeeeseeanass 01/04/17
Human Affairs Committee. ....0.00 0c ccc ccc ce cence ces eaeeecesae ae eeesaeaeeeeseeaeeeeeevaaaeeeeeas 01/09/17
Committee on Infrastructure. ...00.00.. cece cee cee cee ee ceeces ee ceseesuaaeeeeseaaeverseeaetevenvaanenes 01/11/17
Personnel/Administrative Affairs Committee......0....0000. cc ceeec cece ence eeses ae eeeeeean eens 01/19/17
Planning & Economic Development Committee. ..............cccccccccccceeeeecceeeeeeeeeeeessseeees 01/03/17
Strategic Planning COMMittee........... ccc cece ceeeeeeeeeeeeeeeeeeeaeeeeeeeeesesstteeeeeeeeeeeees 01/05/17

13. WRITTEN REPORTS FROM LIAISONS
14. CONFIRMATION OF MAYOR'S APPOINTMENTS
Nashua Arts Commission
Rachel Rendina (New Appointment) Term to Expire: January 31, 2020
31 Daniel Webster Highway, #624
Nashua, NH 03060
Board of Building and Fire Codes Appeals
Daniel Bergeron (New Appointment) Term to Expire: January 31, 2020

2/7 Webster Street
Nashua, NH 03064

Scott Cote (New Appointment)
39 Tenby Drive
Nashua, NH 03062

Kevin Slattery (New Appointment)
4 Berkeley Street
Nashua, NH 03064

Board of Registrars

Gwendolyn Mikailov (New Appointment)
11 Appletree Green
Nashua, NH 03062

Citizens Advisory Commission for Community Grants

Michael Apfelberg (New Appointment)
7 Edson Street
Nashua, NH 03064

Downtown Improvement Committee

Amanda Schneck (New Appointment)
26 Chester Street
Nashua, NH 03064

Environment and Energy Committee

Gary Lambert (New Appointment)
32 Columbia Avenue
Nashua, NH 03064

Michael Seidel (New Appointment)
19 Jeremy Place
Nashua, NH 03064

Sylvie Stewart (New Appointment)
44 Spring Cove Road
Nashua, NH 03062

Daniel M. Weeks (New Appointment)
7 Shattuck Street
Nashua, NH 03064

Ethics Review Committee

Timothy Bush (New Appointment)
282 East Dunstable Road
Nashua, NH 03062

John (Jack) D. Kelley
12 Skyline Drive
Nashua, NH 03062

(New Appointment)

Term to Expire:

Term to Expire:

Term to Expire:

Term to Expire:

Term to Expire:

Term to Expire:

Term to Expire:

Term to Expire:

Term to Expire:

Term to Expire:

Term to Expire:

January 31, 2020

January 31, 2020

December 31, 2018

January 31, 2020

December 31, 2019

January 31, 2020

January 31, 2020

January 31, 2020

January 31, 2020

December 31, 2019

December 31, 2019

ANTICIPATED RECOMMENDATIONS FROM PERSONNEL/ADMINISTRATIVE AFFAIRS MTG - 01/24/17

Ethics Review Committee

Michael J. Tabacsko (New Appointment) Term to Expire: December 31, 2019
5 Federal Hill Road
Nashua, NH 03062

Sindiso Mnisi Weeks (New Appointment) Term to Expire: January 31, 2020
7 Shattuck Street
Nashua, NH 03064

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

e Human Affairs Committee Recommends: Final Passage

UNFINISHED BUSINESS — ORDINANCES

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)

NEW BUSINESS — ORDINANCES

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

Q-17-031

Endorser: Mayor Jim Donchess

RELATIVE TO THE WASTEWATER SYSTEM FUND AS A SEWER FUND
Q-17-032

Endorser: Alderman David Schoneman

PROHIBITING PARKING ON A PORTION OF MANCHESTER STREET NEAR THE TOWN OF
MERRIMACK BORDER

PERIOD FOR GENERAL PUBLIC COMMENT
REMARKS BY THE MEMBERS OF THE BOARD OF ALDERMEN
Committee announcements:

ADJOURNMENT

TO:
FROM:
DATE:
RE:

City of Nashua
Department of Building Safety

Community Development Division
City Hall, 229 Main Street, PO Box 2019
Nashua, New Hampshire 03061-2019
Tel: 603.589.3080 @ Fax: 603.589.3119

Sarah Marchant, Director

MEMORANDUM

William McKinney, Building Department Manager
December 9, 2016

Request to apply permit fees paid prior

The Department of Building Safety has received a request from Bennett — Prescott, LLC to
re-issue all associated permits for 3 multi-unit condominium buildings to be constructed at
8-45 Bennett Street in Nashua and to apply permit fees paid in October 2007 in the
amount of $26,476.50 to the re-issued permits.

The fees requested to be applied are:

Address | Date Bldg Elec Plumb Mech School Total
Issued Permit Permit Permit Permit | Impact Fee
Fee Fee Fee Fee
8-22 10/30/2006 | $,1820.00 | $733.50 $613.00 | $261.00 | $5,378.00 | $8,805.50
Bennett
St.
15-29 10/30/2006 | $1,820.00 | $793.50 $613.00 | $261.00 | $,5378.00 | $8,865.50
Bennett
St.
31-45 10/1/2007 | $1,820.00 | $733.50 $613.00 | $261.00 | $5,378.00 | $8,805.50
Bennett
St.
Total $5,460.00 | $2,260.50 | $1,839.00 | $783.00 | $16,134.00 | $26,476.50

The prior permits for these addresses were issued but have since expired. In accordance
with the building code, permits issued by the Department of Building Safety are valid for
180 days and expire if work does not commence within that 180 day period. Extensions
may be granted by the Building Official if requested by the applicant.

In accordance with Chapter 105 Building Construction, Article VI Fees, Subsection 105-21
Permits and fees (A}(1) a refund of permit fees may be requested for discontinued or
abandoned projects however, none was requested by the applicant.

Due to the length of time that has passed, 8 years, and that the permits expired in July of
2008 it is my position that the request to apply the prior fees to newly applied for permits
would equate to a permit fee waiver request in 2016.

In accordance with Nashua City Ordinance Chapter 105 Building Construction, Article VI
Fees, Subsection 105-21 Permits and fees (B) the ability to waive fees is granted and
intentionally restricted to the Board of Aldermen.

§ 105-21 Permits and fees.

[Amended 9-9-2002 by Ord. No. 0-02-74; 7-8-2003 by Ord. No. O-03-184; 5-24-
2004 by Ord. No. 0-04-13; 9-13-2005 by Ord. No. 0-05-109; 8-14-2007 by Ord. No.
0-07-1086]

A.

A permit shall not be valid until the prescribed fees have been paid and the permit
issued. No permit to begin work for new construction, alteration, removal, demolition
or other building operation shall be issued until the fees prescribed in this section
have been paid to the Department of Building Safety, nor shall an amendment to a
permit necessitating an additional fee because of an increase in the estimated cost
or scope of work involved be approved until the additional fee has been paid.

(i)

Where a permit has either been revoked or a project discontinued or abandoned
within six months of the issuance of such permit, such permit may be returned to
the Building Official for cancellation. One-half of the permit fee shall be refunded by
the City Treasurer on certificate of the Building Official, except all penalties that may
have been imposed on the permit held under the requirements of this chapter shall
first be collected. If a project is abandoned without notice being made to the Code
Official before a six-month interval has elapsed since the date such permit was
issued, no refund shall be made. Residential or nonresidential use shall be in
accordance with the intent of the Building Code of the City of Nashua, New
Hampshire.[1]

[1]

Editor's Note: See Ari. Il of this chapter.

(2).

The fees for permits shall be charged as follows: The total amount of the permit
shall be rounded to the nearest dollar (drop the total amount due under $0.50 and
increase the total amount due from $0.50 to $0.99 to the next whole dollar).

B.
The Board of Aldermen may, at its option, waive or reimburse, as the case may be,
payment of fees payable under this section, in whole or in part, to the extent of the
value of municipal public improvements and/or land dedication which an applicant
obligates itself to make over and above impact fees and the applicant's fair share of
off-site improvements imposed as a condition of site plan or subdivision approval.

Due to the economic circumstances that resulted in the construction delay, that the
applicable codes the original permits were granted remain valid and that the applicant paid
all fees in advance, including impact fees, the Department of Building Safety supports the

Nashua Board of Aldermen granting approval of fees paid in 2007 being applied to all
permits requested to be re-issued for 8-45 Bennett Street in Nashua.

| have reviewed the staff time dedicated to this project for plan and documents reviews and
inspections performed and feel that no adjustment to the fee amounts to be applied are
necessary. All work performed to date by our office will not be repeated as the applicable
codes that review and inspections were conducted remain valid.

Therefore, | respectfully request that the Nashua Board of Aldermen grant the request of
Bennett — Prescott, LLC to apply all fees paid in 2007 in the amount of 26,476.50 to all re-
issued permits for 8-45 Bennett Street in Nashua.

Respectiully, c

Building Official/Manager
Department of Building Safety