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Board of Aldermen 09-12-2018 Page 9

MOTION BY ALDERMAN DOWD FOR FINAL PASSAGE OF R-18-068 AS AMENDED
MOTION CARRIED

Resolution R-18-068 declared duly adopted as amended.

R-18-069
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
Alderman-at-Large David C. Tencza
Alderman Jan Schmidt
Alderman Michael B. O’Brien, Sr.
AUTHORIZING THE CITY OF NASHUA TO ENTER INTO A CONTRACT WITH BAE FOR
TRANSIT SERVICES
Given its second reading;

MOTION BY ALDERMAN HARRIOTT-GATHRIGHT FOR FINAL PASSAGE OF R-18-069
MOTION CARRIED

Resolution R-18-069 declared duly adopted.

R-18-070
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-at-Large David C. Tencza
Alderman Jan Schmidt
Alderman-at-Large Michael B. O’Brien, Sr.
Alderman-at-Large Brian S. McCarthy
AUTHORIZING THE ACCEPTANCE OF A LICENSE FROM BAE OVER LAND LOCATED
ON THE CORNER OF CANAL STREET AND NASHUA DRIVE FOR A BUS SHELTER
Given its second reading;

MOTION BY ALDERMAN TENCZA FOR FINAL PASSAGE OF R-18-070
MOTION CARRIED

Resolution R-18-070 declared duly adopted.

Board of Aldermen 09-12-2018 Page 10

R-18-071
Endorsers: Alderman-at-Large Lori Wilshire
Alderman Linda Harriott-Gathright
Alderman Ken Gidge
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
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 APPROPRIATION OF U.S. DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT HOME INVESTMENT PARTNERSHIP PROGRAM FUNDS TO
NEIGHBORWORKS OF SOUTHERN NEW HAMPSHIRE
Given its second reading;

MOTION BY ALDERMAN GIDGE FOR FINAL PASSAGE OF R-18-071
MOTION CARRIED

Resolution R-18-071 declared duly adopted.
UNFINISHED BUSINESS — ORDINANCES

O-18-007
Endorsers: Alderwoman Mary Ann Melizzi-Golja
Alderman Patricia Klee
Alderman Tom Lopez
Alderman-at-Large Michael B. O’Brien, Sr.
PROHIBITING PLACING OR BLOWING YARD DEBRIS IN THE STREET
Given its fifth reading;

MOTION BY ALDERWOMAN MELIZZI-GOLJA TO AMEND O-18-007 IN ITS ENTIRETY BY
REPLACING IT WITH THE PROPOSED AMENDMENTS RECOMMENDED BY THE COMMITTEE
ON INFRASTRUCTURE

MOTION CARRIED

MOTION BY ALDERWOMAN MELIZZI-GOLJA FOR FINAL PASSAGE OF O-18-007 AS AMENDED
MOTION CARRIED

Ordinance O-18-007 declared duly adopted as amended.

O-18-020
Endorsers: Alderman Tom Lopez
Alderman Ken Gidge
PROHIBITING PARKING ON A PORTION OF THE SOUTH SIDE OF EAST PEARL STREET
Given its second reading;

MOTION BY ALDERMAN LOPEZ FOR FINAL PASSAGE OF O-18-020
MOTION CARRIED

Ordinance O-18-020 declared duly adopted.

Board of Aldermen 09-12-2018 Page 11

O-18-021
Endorsers: Mayor Jim Donchess
Alderman Ken Gidge
Alderman Richard A. Dowd
Alderman Patricia Klee
Alderman-at-Large Brandon Michael Laws
Alderman Linda Harriott-Gathright
Alderman-at-Large Brian S. McCarthy
AUTHORIZING THE CITY TO LEASE PARKING SPACES LOCATED AT THE CROWN
STREET PARK AND RIDE
Given its second reading;

MOTION BY ALDERMAN LAWS FOR FINAL PASSAGE OF O-18-021
MOTION CARRIED

Ordinance O-18-021 declared duly adopted.
NEW BUSINESS — RESOLUTIONS

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 first reading; assigned to the PERSONNEL/ADMINISTRATIVE AFFAIRS COMMITTEE by
President McCarthy

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

R-18-075
Endorsers: Mayor Jim Donchess
Alderman-at-Large Brian S. McCarthy
Alderwoman Mary Ann Melizzi-Golja
Alderman Richard A. Dowd
Alderman Ken Gidge
Alderman-At-Large Brandon Michael Laws
Alderman Tom Lopez
Alderman-At-Large Michael B. O’Brien, Sr.
ESTABLISHING AN EXPENDABLE TRUST FUND TO ACCEPT DONATIONS FOR
BEAUTIFICATION PROJECTS
Given its first reading; assigned to the BUDGET REVIEW COMMITTEE by President McCarthy

Board of Aldermen 09-12-2018 Page 12

R-18-076

Endorser: Mayor Jim Donchess
Alderman Ken Gidge
Alderman Richard A. Dowd
Alderman Linda Harriott-Gathright
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-At-Large Michael B. O’Brien, Sr.
Alderman Brian S. McCarthy

ESTABLISHING THE USE OF FUND BALANCE FOR TAX RATE
Given its first reading; assigned to the BUDGET REVIEW COMMITTEE by President McCarthy

NEW BUSINESS — ORDINANCES

O-18-022

Endorser: 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

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

O-18-023
Endorser: Mayor Jim Donchess
Alderman Ken Gidge
CHANGING THE MANAGING DEPARTMENT IN ORDINANCES REGARDING PARKING
Given its first reading; assigned to the PERSONNEL/ADMINISTRATIVE AFFAIRS COMMITTEE by
President McCarthy

O-18-024
Endorser: 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
Given its first reading; assigned to the COMMITTEE ON INFRASTRUCTURE by President McCarthy

Board of Aldermen 09-12-2018 Page 13

0-18-25
Endorser: Alderman Tom Lopez
Alderman Ken Gidge
Alderman Linda Harriott-Gathright
Alderwoman Mary Ann Melizzi-Golja
AMENDING VENDOR LICENSE ORDINANCES
Given its first reading; assigned to the PERSONNEL/ADMINISTRATIVE AFFAIRS COMMITTEE by
President McCarthy

O-18-026
Endorser: Alderman Richard A. Dowd
Alderman Ken Gidge
Alderwoman Mary Ann Melizzi-Golja
Alderman-At-Large Michael B. O’Brien, Sr.
AMENDING THE ZONING MAP BY REZONING TWO AREAS OF LAND ON AMHERST
STREET FROM AIRPORT INDUSTRIAL (Al) TO PARK INDUSTRIAL WITH MIXED USE
OVERLAY DISTRICT (PI/MU)
Given its first reading;

There being no objection, President McCarthy referred O-18-026 to the Planning & Economic
Development Committee and the Nashua City Planning Board, and scheduled a public hearing
for Tuesday, October 16, 2018, at 7:00 p.m. in the Aldermanic Chamber

O-18-027
Endorser: Alderman Richard A. Dowd
Alderman Ken Gidge
Alderman-At-Large Michael B. O’Brien, Sr.
Alderwoman Mary Ann Melizzi-Golja
AMENDING THE AIRPORT APPROACH ZONE OVERLAY DISTRICT
Given its first reading;

There being no objection, President McCarthy referred O-18-027 to the Planning & Economic
Development Committee and the Nashua City Planning Board, and scheduled a public hearing
for Tuesday, October 16, 2018, at 7:00 p.m. in the Aldermanic Chamber

PERIOD FOR GENERAL PUBLIC COMMENT

Laurie Ortolano, 41 Berkeley Street. Thank you for having community input. | wanted to talk a little bit
to you about concerns | have with practices in the assessing office. | came to Nashua about 5 years
ago and | became concerned after a few things with my tax bill about permits not being captured in the
City. | came from a town that | served on as an elected official for about 8 years and where permits
were always captured when work was done. | started to recognize that wasn’t happening here, and
started calling into the Assessor's Office and could not really get anywhere.

| elevated my concerns to other offices and was unable to make a connection. When the appraisal data
came out from KRT a few weeks ago, my husband and | are both engineers and | worked as an
analysist for Westinghouse as an engineer for many years. We are both data driven people so we
grabbed that KRT data base and we punched for about 30 hours on that data base and converted it
from a PDF file into an excel file and captured a lot of records. We cross-checked a lot of data and
started looking at some neighborhoods. | became very concerned and then came into City Hall a
couple of weeks ago to the permitting department and did some investigating, went upstairs to the
Assessor’s Office, had a discussion with two of the assessors there, raised many red flags and started
a bit of a stir.

| know Counsel Steve Bolton has been very helpful since Monday, | have spoken to him and he has
been wonderfully receptive and | am very appreciative and you should all be thankful you have such

Board of Aldermen 09-12-2018 Page 14

strong legal counsel and | am too that helps with the management of our City. Patricia Klee has been a
wonderful Alderman for me because she is a smart lady who understands data and that has been super
for me. But | think some people within your office are not as data oriented and | think your Assessor’s
Office, it’s just critical that the integrity of that office be solid. They create the equalization within which
we all pay and contribute to the budget or the money for this City. It has to be done fairly and equitably.

So the permitting is a huge issue for me. | have certainly have uncovered I’m going to say 40 permits
cases of significant amounts of money not captured that | questioned and the City is looking into it, the
Mayor’s Office and now the counsel are looking into this. The second thing and | am opposed to this is
the use of MLS verifications on properties that change property assessments. | came from a town that
did not do this practice, we do here in the City, the problem that | have is that these MLS verifications
are being done randomly and not to all homes sold. So when you target certain homes and you don’t
do it to others, you create big discrepancies and this is where your disproportionate assessments occur.

And | have had, | must tell you as Aldermen, some difficulty in communicating with City Hall- that we
shouldn't be talking about our tax rate oh Mrs. Ortolano your taxes are going down. That is immaterial.
What is so important to all of us is the assessment because it is that assessment data that sets the
equity and determines what we all should fairly pay. The reason we have an appeal process in this City
on appraisals and assessment data is because of that equity. | do not get to come over and complain
once you set the tax rate. That’s the end. You have good questions about KRT, | think it is a difficult
process. My husband and | have talked to them, awesome, there were many people from my
neighborhood that came in, but | don’t think the City has done a good job or the letter is particularly
helpful in knowing how to present data and | think Mr. Mayor has over-simplified what you need to do to
go in there. We were certainly confused and we are two educated people and | don’t know, I’m not
even certain we presented ourselves correctly. That’s that.

My concerns with this Assessor’s Office run deep and it has been four years of significant frustration
from me of trying to get through to people and | am really thankful that this assessment data came out. |
am completely opposed to accepting KRT’s assessment in the City or appraisals, because you are
creating significant disproportionate assessments because of the poor practices in your assessor’s
Office. | have run a lot of data to get to try to get to this. So | am just sharing that with you and | want to
put it on the record. It has been very challenging working with my City element and some people like |
said Patricia Klee was wonderful, Steve Bolton understood the questions to ask. And | am appreciative
of that but | think we have a ways to go. Thank you.

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

Yes thank you, | didn’t want to do it earlier but | did yesterday go to a couple of wards and | too want to
extend my thanks to the City Clerk and all the people that worked on the polls, they did a fantastic job.
It was great to see a lot of people show up for a primary and congratulations to all the winners and to all
the losers, you came out and you did a great job too. You showed us what democracy is and that was
good to have those choices. Thank you.

Alderman Schmidt

Thank you, first | would like to apologize for being late but had a very good reason. The Hillsborough
County Delegation just tonight voted to bring $8 million dollars back to our IDN in Nashua supporting all
of the programs that help people leaving prisons and hospitals and | am so glad to have brought that
back. Thank you.

Board of Aldermen 09-12-2018 Page 15
Alderman Tencza

Just a follow up, again thank you to Clerk’s Office and | had questions yesterday for them and | was
amazed at how quickly they were able to respond and how knowledgeable. | was able to get back to
folks who had questions, with really answers that everyone could accept. So thank you for all the hard
work that the Clerk’s Office had done.

Just to follow up on something that the Mayor talked about earlier and Ms. Ortolano talked about tonight
too. These meetings, if nothing else, it is an opportunity for folks to go talk to KRT and get information.
It is not the end of the process as the Mayor outlined; there are multiple other steps. If you really feel
that your assessment is off, it is going to be worth your time to go these meetings, get information and
then figure out how to approach it later on. So hopefully folks are happy and satisfied as the process
goes forward.

Alderwoman Melizzi-Golja

First | would like to thank GAD and all of the restaurants and breweries and wineries that took part in
putting together a great evening Sunday night on Main Street. The Mayor and Alderman Lopez were
there serving and the Mayor | hear might be serving at MT so let us know. And the only request of
course is that we have heaters because it gets cold when the sun goes down. But it was a delightful
evening and some of us got to sample beers from the brewery that is going to be opening up in the fire
station over by the Court Street Building and they were very good.

The second thing is the Everett Turnpike project there is going to be a public hearing on October 3,
2018 at the Merrimack High School. The Hearing will begin at 7:00 but the doors will open at 6:00 so
there will be an opportunity to look at the information they have. If you would like to look at a draft of the
environmental study it is available at www.everettturnpikewidening.com.

The Wheels and Wings event is going to be at the airport, I’m sure Alderman Dowd will be there, that is
Saturday from 10 to 2 and | think something that they do that is very important for families who have
children who are sensitive to noise, they do a ‘no horn hour’ the last hour. So the sirens will not be
going and the horns will not be honking, but your child will still have an opportunity to enjoy the
equipment.

The last household hazardous waste will be October 6 and November 3 so as we all get ready to clean
up and do all our fall clean ups, just a reminder that there are two more hazardous waste collections.

And finally, | can’t believe it was only a couple of weeks ago, but thank you Mayor Donchess for all of
the City support for the Nashua Goes Back to School Event. Someone said to me — oh well you do it at
the library and | said — no you don’t understand, we have Fire & Police and Park & Rec and we have
the Library and certainly we couldn’t do it without the school district support and all of the principals
being there. As usual, my right-hand person, as | point to my left, Alderman Caron who coordinates this
event of packing the bags which Mayor Donchess witnessed this year, but just thank you to the City for
all of their support and to the committee and Alderman Caron. Thank you.

Alderwoman Shoshanna Kelly

| wanted to thank the Board for passing R-18-070, | know that it is a small thing but helping to reduce
congestion downtown for BAE, giving them some alternatives and certainly as a member of the Board
of Energy & Environment Committee | think this is a step in the right direction to help us reduce our
energies.

Board of Aldermen 09-12-2018 Page 16
Alderman Caron

Yes thank you, | too would like to thank the City Clerk’s office. | know they worked very diligently on
election day and a couple of days prior to and this is a good training session, the primary especially
because you do have a lot of new people this year. So kudos to your staff.

| also would like to say that | heard that the Back to School Event went very well, unfortunately | didn’t
get there because the Senior Center was having their Annual Meeting the same day and by the time
that got done it was rather late for me to go. But Mayor, next year we are going to bring you in to pack
bags with our RSV people. And you can see first-hand how fast they work, thank you.

Alderman Lopez

| just wanted to comment on the yard waste removal, R-18-007, it had almost as many amendments as
the actual 007. So we went back and forth with basically every possible angle of how to do it fairly and |
think the primary driver of that was to address safety concerns of wet leaves as they would affect
motorcycles, | don’t think it is the intent to be regular Police activity event so | just wanted to comment
on that.

And | also wanted to thank Director Marchant for all the work that she has put into the bridge to Mine
Falls project. We broke ground on it last week, our estimate was that we would be done toward the end
of November and | think it is really important for people who are living in the inner City to access green
space and experience it for themselves. So! am looking forward to completing that project.

Alderman Klee

Sorry for being late | had a Committee Delegation. | just wanted to say thank you to someone who is
not here and that is Director Fauteux who took the time last week to literally sit with me for four hours
and bring me from place to place to department to department within the Public Works. | truly
appreciate it, it was quite a learning experience and she said she is going to do something very similar
for all of us and | think it would be great for those who haven't had the chance to do it, | really think it
would be a good educational thing. Thank you.

Alderman Dowd

Yesterday | got to spend quite a few hours with the past City Clerk and he was explaining to me what
the days and duties are of the City Clerk the day of elections and | know that Patricia was up from 3:00
a.m. until 2:00 a.m. the next morning and everything ran extremely smoothly. There is so much that
she has to do during the day and her staff, that we really owe them a debt of gratitude.

Alderman Harriott-Gathright

| would like to say thank you too to Patricia and her staff, in Ward 9 everything went really well and it
was just good seeing new faces inside the polls. So thank you.

Alderman Gidge

I'd like to add a little bit to that | went to the New Hampshire Election Procedures, by the way it was put
on very well it was at a high school and the theatre which seats 1,031 people. That's where the
Secretary of State brought his people down and they talk about the new things that were taking place.
But he did mention a study from Sydney in the Harvard Kennedy School which around the world they
study the republics and democracies.

In the United States, they pointed to New Hampshire and said that New Hampshire’s officials are the
first in the nations for transparency, distribution, information to the public and the Secretary of State
certainly could have taken credit but he didn’t. He turned right around and he pointed to the people like

Board of Aldermen 09-12-2018 Page 17
Patricia and the other people. After sitting there listening to that and listening and watching and going
to the polls, | have got to tell you, everybody who goes to the polls, just thank whomever is there

because it is so hard, it is a long day, with rules that are changing etc. So again thank you very much
for your work, | do appreciate it.

Committee announcements:
Alderwoman Melizzi-Golja
Yes PEDC will meet next Tuesday the 19".

Alderman Lopez

Substandard Living Conditions Committee was postponed from tomorrow to next Thursday so we just
rescheduled it to the following Thursday.

ADJOURNMENT

MOTION BY ALDERWOMAN MELIZZI-GOLJA THAT THE SEPTEMBER 12, 2018 MEETING OF
THE BOARD OF ALDERMEN BE ADJOURNED
MOTION CARRIED

The meeting was declared adjourned at 8:29 p.m.
Attest: Patricia D. Piecuch, City Clerk

A special joint meeting of the Board of Aldermen and Board of Public Works was held Tuesday, May 31, 2016,
at 6:30 p.m. in the City Hall Auditorium.

President Brian S. McCarthy presided; Legislative Manager Susan Lovering recorded.

Prayer was offered by Legislative Manager Susan Lovering; Alderman Ken Siegel led in the Pledge to the
Flag.

The roll call was taken with 12 members of the Board of Aldermen present; Alderman Schoneman, Alderman
Clemons and Alderwoman Melizzi-Golja.were recorded absent.

The roll call was taken with 4 members of the Board of Public Works present; Commissioner Pappas was
recorded absent.

Mayor James W. Donchess and Corporation Counsel Steven A. Bolton were also in attendance.
COMMUNICATIONS

MOTION BY ALDERMAN WILSHIRE THAT ALL COMMUNICATIONS BE READ BY TITLE ONLY
MOTION CARRIED

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

MOTION BY ALDERMAN WILSHIRE TO ACCEPT AND PLACE ON FILE
MOTION CARRIED

DISCUSSION

Update on the status of property acquisitions for the Broad Street Parkway.

Mayor Donchess

| wanted to meet with you just to update everybody about what is going on with respect to the funding for the
Broad Street Parkway, particularly the reimbursement from the Federal Government for the federal earmark
that was passed by Congress and designated for the is project. The Infrastructure Committee has been
updated by John Vancor at various times and he will give you a more detailed explanation but in overview the
history of the situation is that in the fall of 2010, the route of the parkway was changed from one that kind of
skirted to west of the Millyard to one that directly entered into the Pine Street Extension. At the time that
happened there had already been parcels acquired by the State of New Hampshire on the city’s behalf for the
original route and when the route was changed some of those parcels were no longer necessary for the new
route; those being where the NIMCO Building is, a parking lot that is south of there and the area where the
police training facility are which are all kind of on the western edge of the Millyard and then in the fall of 2014,
the federal highway began to inform the city that they didn’t regard these original acquisition expenses as
being eligible for federal reimbursement because the parcels were not used ultimately for the road even though
they had approved the change in the route via a Record of Decision in 2010 without raising this in any way as
an issue. In any event, a whole group of people have been working on this ever since. First of all, Mayor
Donnalee Lozeau was very involved, John Vancor has been very involved, Lisa Fauteux on behalf of the Board
of Public Works, City Engineer Steve Dookran, our finance people; John Griffin and David Fredette as well as
the Legal Department. This issue has been discussed by the city, the state DOT and federal highway. The
underlying issue is if these $5 or $6 million of expenditures that were made in acquiring and moving and
dealing with the issues pertaining to these now ineligible parcels, if those are eligible for federal reimbursement
then we would not be able to use $2 or $3 million of the federal earmark that we had been granted by
Congress. After many discussions and a lot of meetings with the state DOT and federal highway, although
they remain in insisting that those parcels are not eligible we believe we have arrived at a solution that will
enable us to use the entire federal earmark. In arriving to this point | want to add that we have had the help of