The dirt clearly marks
gained land. Please note
there is not one sprinkler
head located in the area
on the other side of the
telephone pole going
towards 123 Conant road.
Hiitill
|
AGENDA MEETING OF THE BOARD OF ALDERMEN OCTOBER 9, 2018
1.
9(a).
PRESIDENT BRIAN S. McCARTHY CALLS ASSEMBLY TO ORDER
PRAYER OFFERED BY CITY CLERK PATRICIA PIECUCH
PLEDGE TO THE FLAG LED BY ALDERMAN-AT-LARGE LORI WILSHIRE
ROLL CALL
REMARKS BY THE MAYOR
RESPONSE TO REMARKS OF THE MAYOR
RECOGNITIONS
READING OF MINUTES OF PREVIOUS MEETINGS
Board of Aldermen ............ 0.0 ccc cce cece ee cee eee tee ee teetee setts estteetteeseeeees 09/25/2018
Special Board of Aldermen ............ 00. .c0 cece cee eee eee tte teste etttteetsttseees 09/25/2018
Special Board of Aldermen ............ 00... cece eect eee tee eee steetttteetssteseees 10/02/2018
COMMUNICATIONS REQUIRING ONLY PROCEDURAL ACTIONS AND WRITTEN REPORTS
FROM LIAISONS
From: J. Bradford Westgate, Esquire
Re: |The Springs, a 62+ Condominium Community (699 and 701 West Hollis Street)
Petition for Waiver of School Impact Fees
PERIOD FOR PUBLIC COMMENT RELATIVE TO ITEMS EXPECTED TO BE ACTED UPON
THIS EVENING
9(b). COMMUNICATIONS REQUIRING FINAL APPROVAL
10.
11.
12.
13.
PETITIONS
Petition for Street Discontinuance — Portion of Conant Road
° Committee on Infrastructure Recommends: Granting Petition with Proposed Amended Plan
° Also assigned to NCPB; Favorable Recommendation of Amended Plan - 9/13/2018
NOMINATIONS, APPOINTMENTS AND ELECTIONS
Appointments by the Mayor
REPORTS OF COMMITTEE
Committee on Infrastructure... 00... cece cee eee ces eretererevevarererersreree 09/26/2018
Personnel/Administrative Affairs Committee........0... 0.0.0 10/01/2018
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
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
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 G. 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
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
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
e Personnel/Administrative Affairs Committee Recommends: Final Passage with Proposed Amendments
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
e Personnel/Administrative Affairs Committee Recommends: R-18-073 is Necessary
R-18-074
Endorser:
Mayor Jim Donchess
AUTHORIZING THE CITY TO ENTER INTO A SHORT-TERM REAL PROPERTY LEASE
AGREEMENT FOR 44 BROAD STREET
e Committee on Infrastructure Recommends: Final Passage
ANTICIPATED RECOMMENDATION FROM HUMAN AFFAIRS COMMITTEE MTG OF 10/08/2018
R-18-083
Endorsers:
Mayor Jim Donchess
Alderman-at-Large Lori Wilshire
Alderman Ken Gidge
Alderman Linda Harriott-Gathright
Alderman Richard A. Dowd
Alderman Patricia Klee
Alderman-at-Large Brandon Michael Laws
Alderman Tom Lopez
Alderman June M. Caron
Alderwoman-at-Large Shoshanna Kelly
Alderwoman Mary Ann Melizzi-Golja
Alderman-at-Large David C. Tencza
Alderman Jan Schmidt
Alderman-at-Large Michael B. O’Brien, Sr.
Alderman-at-Large Brian S. McCarthy
RELATIVE TO THE ACCEPTANCE AND APPROPRIATION OF $1,105,000 FROM THE UNITED
STATES DEPARTMENT OF TRANSPORTATION, FEDERAL TRANSIT ADMINISTRATION AND
$97,500 FROM THE STATE OF NEW HAMPSHIRE, DEPARTMENT OF TRANSPORTATION INTO
TRANSIT GRANT ACTIVITY “TRANSIT CAPITAL OUTLAY” FOR THE PURCHASE OF TWO
ELECTRIC HYBRID BUSES
UNFINISHED BUSINESS — ORDINANCES
O-18-022
Endorsers: Mayor Jim Donchess
Alderman Ken Gidge
Alderman Linda Harriott-Gathright
Alderman Richard A. Dowd
Alderman Tom Lopez
Alderman June M. Caron
Alderwoman-at-Large Shoshanna Kelly
Alderwoman Mary Ann Melizzi-Golja
Alderman-at-Large David C. Tencza
Alderman-at-Large Michael B. O’Brien, Sr.
AUTHORIZING FREE HOLIDAY PARKING AT METERS IN ZONE III WHICH INCLUDES
THE ELM STREET AND HIGH STREET PARKING GARAGES FROM DECEMBER 10, 2018
THROUGH JANUARY 4, 2019
e Committee on Infrastructure Recommends: Final Passage
O-18-023
Endorsers: Mayor Jim Donchess
Alderman Ken Gidge
CHANGING THE MANAGING DEPARTMENT IN ORDINANCES REGARDING PARKING
° Personnel/Administrative Affairs Committee Recommends: Final Passage
O-18-024
Endorsers: Alderman Tom Lopez
Alderman Ken Gidge
Alderman-at-Large Michael B. O’Brien, Sr.
Alderman-at-Large Brandon Michael Laws
MOVING THE LOCATION OF A YIELD SIGN AT THE INTERSECTION OF WALNUT
STREET AND CENTRAL STREET
° Committee on Infrastructure Recommends: Final Passage
O-18-028
Endorser: Alderman-at-Large Michael B. O’Brien, Sr.
ALLOWING PERMITTED OVERNIGHT ON-STREET PARKING INDEFINITELY ON THOSE
STREETS WHERE IT IS TEMPORARILY PERMITTED
° Committee on Infrastructure Recommends: Final Passage
NEW BUSINESS — RESOLUTIONS
R-18-084
Endorser: Alderman Richard A. Dowd
APPROVING THE COST ITEMS OF A COLLECTIVE BARGAINING AGREEMENT BETWEEN
THE NASHUA BOARD OF EDUCATION AND THE NASHUA ASSOCIATION OF SCHOOL
ADMINISTRATORS AND SUPERVISORS, AMERICAN FEDERATION OF SCHOOL
ADMINISTRATORS, AFL-CIO FROM JULY 1, 2017 THROUGH JUNE 30, 2019 AND RELATED
TRANSFERS
R-18-085
Endorser: Mayor Jim Donchess
AUTHORIZING THE MAYOR AND CITY TREASURER TO ISSUE BONDS NOT TO EXCEED THE
AMOUNT OF SIX HUNDRED AND FIFTY THOUSAND DOLLARS ($650,000) FOR THE PURCHASE
OF TWO AUTOMATED REFUSE TRUCKS
R-18-086
Endorser: Mayor Jim Donchess
RELATIVE TO THE ACCEPTANCE AND APPROPRIATION OF AN ADDITIONAL $54,709.64 FROM
THE STATE OF NEW HAMPSHIRE, DEPARTMENT OF TRANSPORTATION (TRANSPORTATION
ALTERNATIVE PROGRAM FUNDS) INTO COMMUNITY DEVELOPMENT GRANT ACTIVITY “PATH
AND PEDESTRIAN BRIDGE”
NEW BUSINESS — ORDINANCES
PERIOD FOR GENERAL PUBLIC COMMENT
REMARKS BY THE MEMBERS OF THE BOARD OF ALDERMEN
Committee announcements:
ADJOURNMENT
PROPOSED AMENDMENTS MADE IN PERSONNEL -— 10/1/2018
AMENDED
R-18-066
RESOLUTION
RELATIVE TO ADDRESSING POSSIBLE INEQUITIES IN SICK
LEAVE POLICY FOR CERTAIN UNAFFILIATED EMPLOYEES
CITY OF NASHUA
In the Year Two Thousand and Eighteen
RESOLVED by the Board of Aldermen of the Citv of Nashua
WHEREAS a change to the policy related to sick leave accumulation and
severance payment upon retirement was made effective July 1, 2001;
WHEREAS said change to the policy in certain cases may have resulted in
employees being deprived of a benefit that had already been earned;
NOW THEREFORE it is hereby resolved that the Unaffiliated Employees
Personnel Policies Section B. 3. Sick Leave shall be amended by deleting the
redlined language and adding the bold language in paragraphs 4 & 5.
Accrual Maximum & Retirement Payout — Employees (currently employed as
of passage of this resolution) hired prior to July +993-2001 may accrue up to
a maximum of ninety (90) days of sick leave and receive a payout of one
hundred percent (100%) of their sick leave balance upon retirement from the
City, or can accrue an unlimited amount of sick leave and be eligible to
receive a payout of twenty percent (20%) of their unused sick leave
balance upon retirement. (This choice must be communicated to and
confirmed by Human Resources no later than twenty (20) business days
following passage of this resolution.)
Employees hired on or after July 1, 4993-2001 can accrue an unlimited amount of sick
leave and are eligible to receive a payout of twenty percent (20%) of their unused sick
leave balance upon retirement.
W2B
Winer & Bennett, LLP
Peter W. Bennett* Kent M. Barker
David K. Pinsonneault Brian C. Kelly*
J. Bradford Westgate* ATTORNEYS AT LAW Brenner G. Webb
Peter G. Webb www.winerbennett.com Barbara W. Halevi*
John M. Edwards*
S. Robert Winer (retired)
All Admitted in NH John V. Dwyer, Jr. (1946-2013)
*Admitted in NH and MA
September 24, 2018
HAND DELIVERED
Brian S. McCarthy, President
Board of Aldermen
City of Nashua
229 Main Street
Nashua, New Hampshire 03060
Re: The Springs, A 62+ Condominium Community (699 and 701 West Hollis Street)
Petition for Waiver of School Impact Fees
Dear Mr..McCarthy:
I represent Springs One, LLC, the developer of The Springs, A 62+ Condominium
Community. The Springs, A 62+ Condominium Community is a housing for older persons (62
and older) condominium approved as such under the Nashua Land Use Code. It is currently in the
process of development. The Condominium will consist of 31 units in two-unit, three-unit, and
four-unit buildings.
Since The Springs, A 62+ Condominium Community is a housing for older persons
community, and all of the residents are required to be 62 years of age or older, Springs One, LLC
is petitioning the Board of Aldermen to waive the public school impact fees.
Accordingly, kindly find enclosed the petition to the Board of Aldermen on behalf of
Springs One, LLC for a full waiver of the public school impact fees.
This petition is filed pursuant to Section 190-85 of the Nashua Land Use Code. We
understand that the Nashua City Planning Board and the appropriate Administrative Officer (of
the Community Development Division) will evaluate the petition and forward written findings and
recommendations to the Mayor and Board of Aldermen for consideration.
We look forward to the Board of Aldermen processing this petition and are happy to appear
at any meetings of the appropriate Aldermanic Committees or the full Board of Aldermen when
the petition is being considered.
SPECIAL BOARD OF ALDERMEN
PUBLIC HEARING
JUNE 9, 2016
A Public Hearing was conducted by the Board of Aldermen on Thursday, June 9, 2016, at 7:00 p.m. at the Nashua
High School North Auditorium, 8 Titan Way, Nashua, New Hampshire.
President Brian S. McCarthy presided; City Clerk Patricia D. Piecuch recorded.
Prayer was offered by City Clerk Patricia D. Piecuch; Alderman Richard A. Dowd led in the Pledge to the Flag.
The roll call was taken with 12 members of the Board of Aldermen present; Alderman Cookson, Alderman Clemons and
Alderman LeBrun were recorded absent. Alderman Lopez, Alderman McGuinness and Alderman Wilshire arrived after
roll call at 7:12 p.m., 7:20 p.m. and 7:30 p.m., respectively.
His Honor Mayor James W. Donchess was also in attendance.
R-16-034
RELATIVE TO THE ADOPTION OF THE FISCAL YEAR 2017 PROPOSED BUDGET
FOR THE CITY OF NASHUA GENERAL, ENTERPRISE AND SPECIAL REVENUE FUNDS
Presentation by Mayor Donchess on Proposed FY17 Budget
Mayor Donchess
This is the first budget that | have proposed this time around. The basic process here is that under the City Charter
the Mayor proposes a budget to the Board of Aldermen which comprises all operations of city government and then
the Board of Aldermen, specifically through the Budget Review Committee, reviews the budget in detail and
ultimately the Budget Review Committee makes a recommendation and the Board of Aldermen must pass the
budget. The city can’t soend money unless those expenditures are approved by the Board of Aldermen or through
the budget process. | proposed this budget this year about one month ago and since that time the Budget Review
Committee has been considering that budget. It is not an easy job because every department comes before the
committee and talks through their section of the budget which makes the job very difficult because it can involve late
nights and a lot of meetings during a compressed period of time. My goal next year is to propose the budget in late
April so the Budget Review Committee has more time to work on it and it’s not as difficult for the people on the
Budget Review Committee and their families. Let me go through some of the features that are in the budget. First
of all | think the priorities this year in this budget were first, public safety; police department and the fire department,
of course we are in the middle of a very difficult opioid crisis, both administering Narcan which revives people from
overdose situations. As we go through some of the numbers | think you will see that was an emphasis. The second
priority | think was the city schools given the 1.3% budget cap | am proposing a budget for schools which is up 2.2%
therefore significantly over the spending cap for that portion of the budget which is a budget that | believe will
maintain at least the current service level with a very moderate cap. Third is public space and park improvements,
you will see particularly in the capital improvements section of the budget that | proposed a number of projects for
parks and public spaces. | think those are important to the quality of life in the city and people enjoy our extremely
fine park system and | think some of the projects in the budget will enhance that advantage that we have. Those
include hopefully a new soccer field, the lighting of the Rail Trail, money for a carousel at the Legacy Playground
that’s going to be built at Labine Park and an automated irrigation system which will enable the soccer fields that we
do have to be watered automatically so it’s more efficient, is better for the grass and takes up less personnel time.
The other priority | believe is the capital equipment reserve fund and the replacement fund and the reason | say that
is because that part of the budget is up 40% from last year from $1.3 million to $1.8 million which has probably gone
up more than any other section of the budget as compared with last year at least.
John Griffin is the CFO and he and many others have worked very hard on the budget. The second slide shows
what the proposed operating budget is which is $248 million and this does not include the enterprise funds or some
of the off budget items. The spending cap this year based upon the provisions of the city charter is 1.3%. The
operating budget of the city is under the spending cap as proposed by $100,000. The amount that the budget has
September 24, 2018
Page 2
Thank you for your consideration.
Very truly/yours,
/
J. Bradford Westgate
jbwestgate@winerbennett.com
JBW/BWH
Enclosure
cc: Springs One, LLC (w/enc.) (via e-mail only)
Richard A. Dowd (w/enc.) (via e-mail only)
Patricia Piecuch, Nashua City Clerk (w/enc.) (hand delivered)
Roger L. Houston, Planning Department Director (w/enc.) (hand delivered)
CITY OF NASHUA
BOARD OF ALDERMEN
PETITION BY SPRINGS ONE, LLC FOR FULL WAIVER OF IMPACT FEES (FOR
PUBLIC FACILITIES FOR EDUCATION) AS AUTHORIZED UNDER SECTION 190-
85 OF THE LAND USE CODE
September 24, 2018
NOW COMES Springs One, LLC, a New Hampshire limited liability company, with an
address of 22 Brady Drive, Hudson, New Hampshire 03051 (the “Petitioner’’), by and through its
attorneys, Winer and Bennett, LLP, of 111 Concord Street, Nashua, New Hampshire 03064, and
pursuant to Section 190-85 of the Land Use Code, hereby petitions the Board of Aldermen to
waive in full the impact fees (for public facilities for education) imposed by Article VIII of the
Land Use Code. In support of this Petition, Springs One, LLC (the Petitioner) states as follows:
1.
The Petitioner is a limited liability company, organized under the laws of the State
of New Hampshire, with an address of 22 Brady Drive, Hudson, New Hampshire
03051.
The Petitioner is the owner of certain real estate situated at 699 and 701 West
Hollis Street, Nashua, New Hampshire 03062, shown as Sheet F, Lot 59 on the
City of Nashua Assessor’s Maps (the “Premises”).
The Petitioner is currently constructing at the Premises a housing for older
persons community to be known as The Springs, A 62+ Condominium
Community, approvals for which have been granted by the Planning Board of the
City of Nashua and one or more state agencies (the “Community”).
The Community will consist of thirty-one (31) dwelling units (each containing
999 square feet of habitable space), in duplex, triplex or quadruplex buildings,
and a community building.
The Community will be governed by state and federal laws and regulations
pertaining to so-called housing for older persons (age 62 and older), including, but
not limited to, RSA 354-A:15, II and Section 190-42 of the Land Use Code.
To qualify as housing for older persons 62 years of age or older under RSA 354-
A:15, I, such housing must be intended for, and solely occupied by, persons 62
years of age or older. Accordingly, school age children are prohibited from
residing in the Community.
