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Board of Aldermen 10-09-2018 Page 5

For 27 years they’ve cared for it, | understand there is precedent to do something like this. But we don’t
have to sell it. It is just awful and it just a big argument and it is not going to get any better if we give or
sell it or deed it over to anyone. So until they can agree, | would just say we don’t have to sell that land
and | don’t think we should.

President McCarthy

| am going to ask Attorney Bolton to explain it, but we are not actually selling it, we are simply
relinquishing the right of way claim that we have and giving back the property to its rightful owner. Can
you elaborate on the process?

Steven Bolton, Corporation Counsel

You are correct Mr. President. It is not a question of the City selling the land or giving the land or
deciding if someone is acquired it by adverse possession of someone else has acquired it by deed.
We've got no power to do any of those things. The City doesn’t own the land. What the City has is a
right to use that land for public travel, pedestrian and vehicular and the other uses commonly made of
roadways by municipalities. So laying sewer pipes and so forth, utilities can use it as well for overhead
wires or underground pipes and conduits. And to the extent that they have the right to do that we can’t
give their rights up either.

Who owns the land may be a subject of dispute between these two families. We don’t have the
authority; the City does not have the authority to decide that dispute. The Superior Court does, the
Superior Court is not hindered in any way by you passing the petition or not passing the petition. All
this petition is asking you to do is give up the City’s right to use it as the roadway. It is at least arguable
that we don’t need to use it as the roadway since we have moved the road over. The woman who
spoke a few minutes ago is absolutely right, the term for adverse possession is 20 years, but there is
more that has to be proven. They have a right to go to court and attempt to prove that. | don’t know if
this helps you or not in determining what you wish to do. But the fact is you are not granting anyone
anything that they don’t already own or taking anything they already own away from anyone no matter
which way you go on this.

Alderman Gidge

| believe that the people who will receive that parcel, you say it is theirs, the fact is that they did not own
the property when that was used as a right-of-way.

Attorney Bolton

| would beg to differ Mr. Gidge, they have owned it since they owned the abutting property, since either
one of these families purchased their interest in the abutting property, when they purchased that
abutting property, they also got the fee interest in the road out to its then center line.

Alderman Gidge

It is a little confusing for me. Okay so they buy the property so in a sense, we have the right of way, but
it is their land?

Attorney Bolton

Correct.

Alderman Gidge

If we give up the right of way it becomes completely their land?

Board of Aldermen 10-09-2018 Page 6

Attorney Bolton

We have an easement interest over property that belongs to other people. If we give up that easement
interest, obviously we no longer have it so that unburdens their property.

Alderman Gidge
Thank you very much, thank you.

Alderwoman Melizzi-Golja

Yes so Attorney Bolton just for my understanding, so we’ve given up our easement, the property reverts
back to the original, the owner of the property.

Attorney Bolton
| wouldn’t use the word “reverts” | would say their property becomes unburdened.

Alderwoman Melizzi-Golja

It becomes more usable for them, they now have the use of all of that property that we had the
easement on. So by granting this petition, once that is done, if the Toupins at 123 want to do anything,
they would then need to go to Superior Court. What they are requesting can’t be done here?

Attorney Bolton
Correct.

Alderwoman Melizzi-Golja

So really nothing can happen to address their need here at the Board of Aldermen and in fact us
granting the petition kind of paves the way for them to go to Superior Court with an attorney because
we can’t do anything.

Attorney Bolton
| would say it neither helps nor hurts, it neither improves their case nor damages their case.

Alderwoman Melizzi-Golja

Right. But they can’t make their case here. We have no authority over that, right?

Attorney Bolton

This Board cannot decide property rights.

Alderman Tencza

May | just ask one more question of Corporation Counsel? So regardless of this petition, | mean these
property disputes are difficult for neighbors, but the Toupins could have gone to Superior Court

regardless of what we do with this, they could have filed a petition a couple weeks ago even though this
right of way easement hasn’t been lifted?

Board of Aldermen 10-09-2018 Page 7

Attorney Bolton

If their contention is that they have been adversely possessing this property for 27 years, they could
have gone any time in the last 7 years. They still have the right to go and that is not going to expire any
time soon either. As | said, whatever is done here this evening impedes no one and helps no one.

MOTION CARRIED

MOTION BY ALDERMAN O’BRIEN TO GRANT THE PETITION FOR STREET DISCONTINUANCE
AS AMENDED

ON THE QUESTION
Alderman O’Brien

May | speak to my motion?

President McCarthy

Please.
Alderman O’Brien

Mr. President and fellow colleagues on the Board, this was a very tough one, ok? When | got into being
an Alderman | had the clear understanding that we are going to have to make some tough decisions,
we all did, particularly those sitting as Chairmen of their particular committees. This was one of those
such circumstances. | had clear knowledge that unfortunately somebody was going to leave the
meeting very disappointed, as was the case. | am proud to say that my Committee and it is my opinion
my Committee and particularly my members of the Committee did do their diligence to sit down and to
listen to what both petitioners had to say.

Both petitioners were granted, | gave them a lot of leeway to make sure that they would be properly
heard, and | think that this item was vetted well. So therefore | come to tell this Board that as far as the
current law and procedures by what is under our domain as Aldermen, and the fact of the duty of the
Infrastructure Committee that did vote unanimously to approve this, | urge you to vote the same for this
petition. Thank you, Mr. President.

Alderman Dowd

Every time | hear something with amendment | think of Alderman Chasse. Could the Chairman of
Infrastructure please explain what the amendment is for the general public so that they know what
changed.

Chairman O’Brien

| really don’t have that clearly, could corporate counsel assist me with that, because this was a very
complex issue and there were tons of paperwork that we kind of meted through.

Attorney Bolton

| believe that the amendment is instead of the discontinued portion extending further to the south on
Conant Road it is limited just to the two properties on one corner or the other corner of | believe it is
Kathy Drive.

Board of Aldermen 10-09-2018 Page 8
Alderman Jette

At the risk of complicating this further, the plan was also amended because the Gilbertsons
surveyor/engineer had originally drawn the line from as you can see the picture that Mrs. Toupin
provided, if you look at the blue line so you see a yellow box and above the yellow box there’s a corner
of the blue line. Where that blue line, that corner of the blue line is actually the property line that is
separating the Gilbertson’s property on the right from the Toupin’s property on the left.

The City Engineer told the Gilbertsons’ surveyor that line should be drawn perpendicular from that
point, there is actually an iron pin there, from that point to the street. So the surveyor originally drew
that line perpendicular to what is now Conant Road, the center line of what is now Conant Road.

Mr. Dookran then asked him to amend it because Mr. Dookran changed his opinion because the line
from that iron pin separating the two properties should be drawn perpendicular to the center line of the
old Conant Road. Then from the center line of the old Conant Road to the center line or the edge of the
new Conant Road and the angle is somewhat altered. So the Gilbertsons’ engineer complied with Mr.
Dookran’s request to re-draw the plan and that is the amended plan that is now before us which has
been approved by the Planning Board and Mr. Dookran.

Alderman Lopez

| just wanted to comment that it was that revision, Alderman O’Brien, | have to give him a lot of credit for
being bold enough to embrace the method we did last time. He let everybody sit down and really
hashed it out and | was particularly nervous, literally being between two neighbors on a situation like
this. But he gave everybody a fair shot and he did attempt the Solomon maneuver, you know where
apparently you cut a baby in half and it is not allowed. According to State guidelines it has to be a
perpendicular line, so we really did the best we could in trying to resolve this. Personally it pains me, |
know | have some residents in Ward 4 who are still arguing over a fence even though one of the moved
away. It is really unfortunate to see neighbors coming to blows over property lines and evaluations.

It was my hope that we would be able to settle this and one of the recommendations or opportunities
that Engineer Dookran had pointed out is after this is settled, then the neighbors can absolutely sell
their neighbor a chunk of the land that they want, that they have used, that they put flower beds on,
they have a basketball hoop on and that kind of stuff.

| honestly think at this point we really just need to do our role as Aldermen and either grant the petition

or not grant it, preferably I'd prefer to grant it because then at least somebody is getting what they are
looking for and then let the Courts do what they are supposed to do.

Alderman Gidge

To Mr. Bolton, do we have to give up the easement?

Attorney Bolton

You do not have to approve this petition, no you can approve it or not approve it as you will.

Alderman Gidge

My question is do we have to give up the easement? Or are you just basing it on....

Attorney Bolton

Let me know put it this way, discontinuing a street and giving up the easement are two ways of saying
the same thing.

Board of Aldermen 10-09-2018 Page 9

Alderman Gidge

| would like to say one thing; Alderman O’Brien did give everyone a chance and | want to thank you.
And | will be voting with Alderman O’Brien. So thank you.

Alderman Dowd

Doing the discontinuance or not doing the discontinuance doesn’t change the property lines, so if there
is a dispute on the property lines it would hold whether we pass this or not pass this. When you grant
the easements over multiple properties, you can have an easement for power lines, if they give up the
right for the easement of the power lines, then they no longer have a right to put power lines through
your property. In this case, we have no longer a right to put a road there. But it doesn’t change the
property line location one iota.

MOTION CARRIED

NOMINATIONS, APPOINTMENTS AND ELECTIONS

Appointments by the Mayor

The following Appointments by the Mayor were read into the record:

Airport Authority

Brian H. Law (New Appointment) Term to Expire: August 31, 2023
78 Concord Street

Nashua, NH 03064

Cultural Connections Committee

Sylvia Gale (Reappointment) Term to Expire: February 28, 2021
4 Clergy Circle
Nashua, NH 03064

Environment and Energy Committee

James E. Pyle (New Appointment) Term to Expire: October 31, 2021
14 Elyston Circle
Nashua, NH 03064

Mine Falls Park Advisory Committee

Greg Andruskevich (Reappointment) Term to Expire: June 30, 2020
3 Caraway Lane
Nashua, NH 03063

Michael Watts (Reappointment) Term to Expire: October 31, 2021
10 Royal Crest Drive, #10
Nashua, NH 03060

Nashua Arts Commission

Tina Cassidy (Reappointment) Term to Expire: September 1, 2021
36 Arlington Street
Nashua, NH 03062

DEI ARTMI NT , : ae wats ode. Sy ‘.
REQUESTED: ..- | RECOMMENDS |,
A-3 Department of
Public Works Crown Hill Pool
_. (Park and Rec} Repairs 188,000 188,000

The pool surface at Crown Hill Pool is in need of rehabilitation. This concrete pool has been painted yearly for the past 25 years.
The paint layer has built up to such a level that it needs to be removed. The removal of the Chlorinated Rubber Paint has to be
done by sandblasting. After the sandblasting is done it should be repainted with an acrylic paint or a heavy duty liner should be
put in place. This will preserve the pool for the next 15-20 years. This will also cut down on costly yearly man-hours that are

currently spent painting the pool.

A-3 Library West Wing Renovations

0 0

With the sale of the Chandler Library Building in 2012 the Board of Trustees was able to move forward with their longstanding plan
to renovate the unfinished East Wing of the Library. After studying current library usage and the limitations of the East Wing the
Board has changed their plans and will renovate the West Wing to become the Chandler Memorial Wing and will incorporate
architectural details and artifacts from the original Chandler Building. Although the project will be completed using trust funds and
proceeds from the sale of the building there will be some additional annual utility and maintenance costs associated with the

increased use of the space.

A-3 Police Department Garage Roof Replacement .
- 80,000 80,000

The existing attached five bay garage/indoor range roof will be removed and replaced. The existing HVAC equipment will be
temporarily removed and put back in place after the new roof is installed. The roof has been leaking and is not able to be
repaired. This project meets the definition of a capital improvement in that the estimated cost is in excess of $50,000 and it’s the
rehabilitation of an existing facility with an anticipated life expectancy in excess of 10 years. This is anew FY 2017 project that
was not previously listed on the six-year plan but should be considered due to the urgent need as the roof cannot be repaired.

A-3 School Department Deferred Maintenance 610,000 610,000

First project conducts an architectural/engineering assessment of Elm St. to develop a preliminary scope of work and cost
estimate for construction. Second project is to replace the “storefront” doors at the front and main entrances to Pennichuck Middle
School. Next are miscellaneous paving needs at NHS North, Bicentennia' and Fairgrounds Middle Schools; replacing the vinyl
siding on the Amherst St. gym; upgrade ventilation in the continuing education wing at FMS; design fee for replacing the FMS flat
roof sections; replace boiler controllers at NHS North; and replace air handling unit at Pennichuck MS. All of these projects have
been previously requested but due to funding level, not completed.

TOTAL.FY 2017 SHORT-TERM"A" PROJECTS? ~~ << $2,288,538. $ 2,288,538.

19

Board of Aldermen 10-09-2018 Page 10
Lindsay Rinaldi (Reappointment) Term to Expire: April 1, 2021

705 Belmont Street

Belmont, MA 02478

Nashua City Planning Board

Maggie Harper (New Appointment) Term to Expire: March 31, 2020
(Moving from Alternate to Full Member)

3 Taft Street

Nashua, NH 03060

Zoning Board of Adjustment

A. John "Jay" Minkarah, Alternate (New Appointment) Term to Expire: September 11, 2020
13 Mount Pleasant Street
Nashua, NH 03064

There being no objection, President McCarthy accepted the Appointments by the Mayor as read
and referred them to the Personnel/Administrative Affairs Committee.

REPORTS OF COMMITTEE

Committee on Infrastructure.........ccccccccceccccecccceecectececceceeaseeaeeceeaueeeaueceuaeseeaeerenaess 09/26/2018

There being no objection, President McCarthy declared the report of the September 26, 2018,
Committee on Infrastructure accepted and placed on file.

Personnel/Administrative Affairs Committee......0... 0... ccc cccccccccceceecuceeecececeueeeeueeeeaneees 10/01/2018

There being no objection, President McCarthy declared the report of the October 1, 2018, Personnel/
Administrative Affairs Committee accepted and placed on file.

CONFIRMATION OF MAYOR'S APPOINTMENTS

Hunt Memorial Building Board of Trustees

Terry Romano (New Appointment) Term to Expire: September 30, 2023
Jackson Falls, 52 Main Street

PO Box 65

Nashua, NH 03061

There being no objection, President McCarthy declared Terry Romano, 52 Main Street, Nashua,
duly appointed to the Hunt Memorial Building Board of Trustees for a term to expire September
30, 2023.

Tax Increment Financing Advisory Board

Eric Drouart (New Appointment) Term to Expire: September 30, 2019
52 Main Street, Unit 206
Nashua, NH 03064

Arthur Spilios (New Appointment) Term to Expire: September 30, 2019
15 Technology Way
Nashua, NH 03062

Board of Aldermen 10-09-2018 Page 11

Ex Officio Members

Tim Cummings, Director (New Appointment) Term to Expire: September 30, 2019
Economic Development Division

City of Nashua

229 Main Street

Nashua, NH 03061-2019

David Fredette, Treasurer/Tax Collector (New Appointment) Term to Expire: September 30, 2019
City of Nashua

229 Main Street

Nashua, NH 03061-2019

Sarah Marchant, Director (New Appointment) Term to Expire: September 30, 2019
Community Development Division

City of Nashua

229 Main Street

Nashua, NH 03061-2019

There being no objection, President McCarthy declared Eric Drouart, 52 Main Street, Nashua,
Arthur Spilios, 15 Technology Way, Nashua, and Director Tim Cummings, Treasurer David G.
Fredette, and Director Sarah Marchant duly appointed to the Tax Increment Financing Advisory
Board for terms to expire September 30, 2019.

Oath of Office administered by Corporation Counsel to Arthur Spilios

APPOINTMENTS BY THE PRESIDENT OF THE BOARD OF ALDERMEN

Auditorium Commission

John C. Franzini (Reappointment) Term to Expire: December 31, 2020
13 Lutheran Drive
Nashua, NH 03063

John J. McAllister (Reappointment) Term to Expire: December 31, 2020
257 Wheeler Road
Hollis, NH 03049

There being no objection, President McCarthy declared John C. Franzini, 13 Lutheran Drive,
Nashua, and John J. McAllister, 257 Wheeler Road, Hollis, duly reappointed to the Auditorium
Commission for terms to expire December 31, 2020.

Board of Aldermen 10-09-2018 Page 12
UNFINISHED BUSINESS — RESOLUTIONS

R-18-066
Endorsers: Alderman-at-Large Lori Wilshire
Alderman June M. Caron
Alderman Patricia Klee
Alderman Linda Harriott-Gathright
Alderman-at-Large Brandon Michael Laws
Alderman Tom Lopez
Alderwoman-at-Large Shoshanna Kelly
RELATIVE TO ADDRESSING POSSIBLE INEQUITIES IN SICK LEAVE POLICY FOR
CERTAIN UNAFFILIATED EMPLOYEES
Given its second reading;

MOTION BY ALDERMAN WILSHIRE TO RE-REFER R-18-066 TO THE PERSONNEL/
ADMINISTRATIVE AFFAIRS COMMITTEE

ON THE QUESTION

Alderman Lopez

| think it is very gracious of Alderman Wilshire to re-refer it to Committee. As we just found out there is a
lot of work that gets done in those committees and we do have some pretty detailed conversations about
issues, before bringing them back to the Board of Aldermen. | think it was a very unfortunate situation
having an e-mail sent out which cast a specific perception of that because | feel that it undermines the
work that we do in the Committee. So while | understand the reasoning behind taking another look at it
and making sure that everybody is happy moving forward, | also think that is important to remember that
the work that the committees do is important and our role as Aldermen is an important part of that.

MOTION CARRIED
Resolution R-18-066 re-referred to committee.

R-18-073
Endorsers: Alderman-at-Large Brian S. McCarthy
Alderwoman-at-Large Shoshanna Kelly
Alderman-at-Large Michael B. O’Brien, Sr.
Alderman Jan Schmidt
Alderman Tom Lopez
Alderman-at-Large Brandon Michael Laws
Alderwoman Mary Ann Melizzi-Golja
PROPOSING AN AMENDMENT TO THE CITY CHARTER RELATIVE TO FILLING
VACANCIES ON ELECTED BOARDS BY MAJORITY VOTE OF THE REMAINING MEMBERS
OF THAT BOARD
Given its second reading;

MOTION BY ALDERWOMAN KELLY THAT R-18-073 IS NECESSARY AND THAT IT BE TABLED
AT THE FULL BOARD LEVEL PENDING THE SCHEDULING OF A PUBLIC HEARING

ON THE QUESTION
Alderman Jette
As a point of order | think we can question. So does that mean that we are approving this and that it will

be scheduled for a public hearing at some future date but the details of it are what they are and cannot
be changed later. Or can amendments be made to it? I’m not sure.

Board of Aldermen 10-09-2018 Page 13

President McCarthy

Amendments can in fact be made to it later on. It is a two-step process for Charter change, there needs
to be a finding that the change is necessary by the Board and then a public hearing and then approval of
the change and putting it on the ballot. We have lots of time to deal with this since it won’t appear on the
ballot until a year from November at the next municipal election.

Alderman Jette

The amendment to the City Charter as it appears now, is it necessarily what is going to be presented to
the voters in November of 20197 It could be changed?

President McCarthy

That’s correct.
Alderman Jette

Thank you.

Alderman Lopez

| just want to comment that | do think that this is necessary and if the voters don’t agree that’s fine, but |
think we at least need to raise the point because we spent a lot of money on municipal elections, we
strained our own staff. We had a lot of volunteers working for low voter turn-out. So | think we at least
need to raise the question of can we do this better.

MOTION CARRIED
Resolution R-18-073 tabled at full Board level.

R-18-074
Endorser: Mayor Jim Donchess
AUTHORIZING THE CITY TO ENTER INTO A SHORT-TERM REAL PROPERTY LEASE
AGREEMENT FOR 44 BROAD STREET

Given its second reading;

MOTION BY ALDERMAN O’BRIEN FOR FINAL PASSAGE OF R-18-074
MOTION CARRIED

Resolution R-18-074 declared duly adopted.