Search

R-18-039
Endorsers: Mayor Jim Donchess
Alderman Linda Harriott-Gathright
Alderwoman-at-Large Shoshanna Kelly
Alderwoman Mary Ann Melizzi-Golja
Alderman Jan Schmidt
Alderman-at-Large Michael B. O’Brien, Sr.
Alderman Ken Gidge
RELATIVE TO THE ACCEPTANCE AND APPROPRIATION OF $22,347 FROM THE STATE OF
NEW HAMPSHIRE, DEPARTMENT OF ENVIRONMENTAL SERVICES, EXOTIC SPECIES
PROGRAM AND AUTHORIZING THE TRANSFER OF MATCHING FUNDS
e Human Affairs Committee Recommends: Final Passage

R-18-041

Endorser: Mayor Jim Donchess
Alderman Linda Harriott-Gathright
Alderman Richard A. Dowd
Alderman Patricia Klee
Alderman Ken Gidge
Alderwoman-at-Large Shoshanna Kelly
Alderwoman Mary Ann Melizzi-Golja

Alderman Jan Schmidt
RELATIVE TO THE TRANSFER OF $65,000 FROM DEPARTMENT 162 “STREET LIGHTING”,
ACCOUNT 54100 “ELECTRICITY” TO DEPARTMENT 191 “SCHOOL CAPITAL IMPROVE-
MENTS”, ACCOUNT 81100 “SCHOOL DEFERRED MAINTENANCE”

e Budget Review Committee Recommends: Final Passage

R-18-042
Endorser: Mayor Jim Donchess
AUTHORIZING THE CITY OF NASHUA TO ENTER INTO A LEASE AGREEMENT WITH LIQUID

THERAPY, LLC FOR 14 COURT STREET, UNIT B
e Finance Committee Recommends: Final Passage

R-18-043
Endorsers: Mayor Jim Donchess
Alderman-at-Large Lori Wilshire
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.
RELATIVE TO THE ACCEPTANCE AND APPROPRIATION OF $190,800 FROM THE STATE OF
NEW HAMPSHIRE DEPARTMENT OF HEALTH AND HUMAN SERVICES INTO PUBLIC HEALTH
AND COMMUNITY SERVICES GRANT ACTIVITIES “FY19 AND FY20 STD AND HIV PREVENTION

GRANT”
e Human Affairs Committee Recommends: Final Passage

Board of Aldermen Page 4
May 24, 2016

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

Mr. Fred Teeboom, 24 Cheyene Drive

Mayor Donchess, thank you very much for your kind comments. I’m not sure any of you attended the
commemoration last Sunday but | invite you all to go to the memorial and take a look at the latest
sculpture, it’s very impressive.

O0-016-011 — Reducing the Taxation for Certain Chartered Public Schools. One of the truly most
incorrect and inappropriate statements that | ever heard made before the Board of Aldermen was made
on May 10" and | refer to the minutes on page 12, referring to the charter schools Alderman Clemons
said “I think that they syphon money off of the district for the benefit of the few and then the rest of the
population is left behind.” The Academy for Science and Design is a top scoring school on NECAP in
New Hampshire and it is rated the 50" best school in the entire United States by Newsweek Magazine.
Let’s look at the figures. The average cost for students in the public schools K-12 in Nashua is $13,000
per student. The cost per teacher is almost $89,000 per teacher. There are 1,005 teachers in Nashua
for 11,500 students in K-12 and that’s from the Board of Education data. This means that there is a load
of $11,500 divided by 1,005 teachers or 11.4 students per teacher. There are 257 Nashua students in
the Academy of Science and Design. The entire enrollment is 525. That saves 257 divided by 11.4 is
22.5 teachers that you don’t have to hire because they are at the Academy of Science and Design;
otherwise they would have to be educators in the Nashua system. 22.5 teachers at a rate of $89,000 per
teacher is $2 million. You add to that the 45% overhead it doubles the teachers cost. The savings just
for the Academy of Science and Design is $2.9 million that the taxpayers don’t have to pay. If you look
at the 464 Nashua students at all of the regional schools; Manchester, Derry; there are about 10 or so, all
of it is in the Board of Education data, that would save $3.6 million and if you multiply that by the 45%
overhead that amounts to $5.2 million that Nashua taxpayers do not have to pay because those students
do not go to public schools. Let’s look at it another way, the state pays Nashua $40.1 million in
education aid and that computes to $3,400 per student in education aid and if you multiply that times the
275 students who are at the Academy of Science and Design, that’s a savings of $2.62 million. Look at
all of the charter schools, there are 464 students and multiply that by $13,000 and the state aid of $3,400
you end up with $4.4 million. No matter how you look at it the savings are enormous. In O-016-011 we
are talking about a tax reduction of $80,000 for the Academy of Science and Design and $145,000 for all
the other charter schools; that compares with up to a $5 million savings? This is a no brainer. You can
see that the Nashua taxpayers are going to get tax relief, you get better schools and you should fully
support O-016-011.

The other thing that | wanted to talk about is R-16-015; the expendable trust fund for pensions but there
is no such thing as an “expendable” trust fund. Now this came before at a cost $2.3 million and now it is
$350,000. It wasn’t needed at $2.3 million and it isn’t needed in the form of $350,000. Here are the
facts. The fiscal 17 budget covers the additional $350,000. Look at account 52150 on page 21. A
question was asked by Alderman Schoneman of CFO Griffin on May 18'" and CFO Griffin said “yes, we
funded it.” Why do you need to override the spending cap in 2016 when it’s already funded in 2017, it
makes no sense, unless you have an ulterior motive. (inaudible) This account 52150 is funded at
$21.67 million, its $350,000 above last years’ funding as | mentioned earlier. Then there is account 5175
just for the schools alone, they got an additional $800,000. Then there is account 89725, that’s another
$500,000 in transfers and it’s attached to the city retirement fund. Then there is 7025, trust funds, the
city retirement trust fund which was set up in the year 2000, then there is a trust fund 7076 which is the
school retirement trust fund. | think | still have $300,000 in it, | think it was $700,000 a month ago. There
is funding for pensions all over this budget. Many mentioned the savings set aside in the fund balance,
there is no such thing as savings set aside in the fund balance but there is a term called designated fund
balance. The designated fund balance is recommended in the CAFR report. They recommend that the
CFO set aside some delegated money but that set aside has no legal authority because it doesn’t have

R-18-044
Endorsers: Mayor Jim Donchess
Alderman-at-Large Lori Wilshire
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 Jan Schmidt
Alderman-at-Large Michael B. O’Brien, Sr.
RELATIVE TO THE ACCEPTANCE AND APPROPRIATION OF $130,000 FROM THE STATE
OF NEW HAMPSHIRE DEPARTMENT OF HEALTH AND HUMAN SERVICES INTO PUBLIC
HEALTH AND COMMUNITY SERVICES GRANT ACTIVITIES “FY19 AND FY20 IMMUNIZATION
PROGRAM OF GREATER NASHUA”
e Human Affairs Committee Recommends: Final Passage

R-18-045
Endorsers: Mayor Jim Donchess
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 Mary Ann Melizzi-Golja
Alderman Jan Schmidt
Alderman-at-Large Michael B. O’Brien, Sr.
RELATIVE TO THE ACCEPTANCE AND APPROPRIATION OF $70,000 FROM THE STATE
OF NEW HAMPSHIRE DEPARTMENT OF HEALTH AND HUMAN SERVICES INTO PUBLIC
HEALTH AND COMMUNITY SERVICES GRANT ACTIVITIES “FY19 AND FY20 TUBERCU-
LOSIS PROGRAM OF GREATER NASHUA”
e Human Affairs Committee Recommends: Final Passage

R-18-046

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 Mary Ann Melizzi-Golja
Alderman Jan Schmidt
Alderman-at-Large Michael B. O’Brien, Sr.

RELATIVE TO THE ACCEPTANCE AND APPROPRIATION OF $41,243.50 FROM THE STATE OF

NEW HAMPSHIRE DEPARTMENT OF HEALTH AND HUMAN SERVICES INTO PUBLIC HEALTH

AND COMMUNITY SERVICES GRANT ACTIVITY “FY19 PUBLIC HEALTH NETWORK SERVICES”
e Human Affairs Committee Recommends: Final Passage

R-18-047
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.
RELATIVE TO THE ACCEPTANCE AND APPROPRIATION OF $25,000 FROM THE STATE
OF NEW HAMPSHIRE DEPARTMENT OF HEALTH AND HUMAN SERVICES INTO PUBLIC
HEALTH AND COMMUNITY SERVICES GRANT ACTIVITY “FY19 SUBSTANCE MISUSE
SERVICES”
e Human Affairs Committee Recommends: Final Passage

R-18-048

Endorsers: Mayor Jim Donchess
Alderman Ken Gidge
Alderman Linda Harriott-Gathright
Alderman Patricia Klee
Alderwoman Mary Ann Melizzi-Golja
Alderman Jan Schmidt
Alderman-at-Large Michael B. O’Brien, Sr.

Alderman-at-Large Brian S. McCarthy
AUTHORIZING A SUB-AGREEMENT BETWEEN THE NASHUA REGIONAL PLANNING
COMMISSION AND CITY OF NASHUA, NASHUA TRANSIT SYSTEM

e Finance Committee Recommends: Final Passage

R-18-049

Endorsers: Mayor Jim Donchess
Alderman Ken Gidge
Alderman Linda Harriott-Gathright
Alderman Richard A. Dowd
Alderman Patricia Klee
Alderman Tom Lopez
Alderwoman-at-Large Shoshanna Kelly
Alderwoman Mary Ann Melizzi-Golja
Alderman-at-Large Michael B. O’Brien, Sr.

Alderman-at-Large Brian S. McCarthy
AUTHORIZING THE CITY OF NASHUA TO ENTER INTO A CONTRACT WITH THE SOUHEGAN
VALLEY TRANSPORTATION COLLABORATIVE FOR TRANSIT SERVICES

e Finance Committee Recommends: Final Passage

R-18-050
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

Alderwoman-at-Large Shoshanna Kelly

Alderwoman Mary Ann Melizzi-Golja

Alderman Jan Schmidt

Alderman-at-Large Michael B. O’Brien, Sr.

Alderman-at-Large Brian S. McCarthy
RELATIVE TO THE ACCEPTANCE AND APPROPRIATION OF AN ADDITIONAL $71,259 FROM
THE STATE OF NEW HAMPSHIRE, DEPARTMENT OF TRANSPORTATION (TRANSPORTATION
ALTERNATIVE PROGRAM FUNDS) INTO COMMUNITY DEVELOPMENT GRANT ACTIVITY
“PATH AND PEDESTRIAN BRIDGE” AND TO AUTHORIZE THE TRANSFER OF MATCHING AND
NON-MATCHING FUNDS IN THE AMOUNT OF $86,202

e Human Affairs Committee Recommends: Final Passage

UNFINISHED BUSINESS — ORDINANCES

O-18-010
Endorser: Alderwoman Mary Ann Melizzi-Golja
AMENDMENTS TO THE EXPLOSIVE MATERIALS CODE
e PEDC Recommends: Final Passage with Proposed Amendments

O-18-015
Endorsers: Alderman-at-Large Brian S. McCarthy
Alderman Richard A. Dowd
Alderman Ken Gidge
Alderman Linda Harriott-Gathright
Alderman June M. Caron
Alderwoman Mary Ann Melizzi-Golja
Alderman Jan Schmidt
Alderman-at-Large Michael B. O’Brien, Sr.
AMENDING THE CITY’S STORMWATER MANAGEMENT ORDINANCES
e Also assigned to the NCPB; Favorable Recommendation with Suggested Amendments - 6/7/2018
e PEDC Recommends: Final Passage with Proposed Amendments

NEW BUSINESS — RESOLUTIONS

R-18-052
Endorsers: Alderman-at-Large Lori Wilshire
Alderman Tom Lopez
RELATIVE TO AMENDING THE FISCAL YEAR 2018 HOUSING AND URBAN DEVELOPMENT
ANNUAL ACTION PLAN BY AMENDING NASHUA SOUP KITCHEN AND SHELTER’S USE OF
FUNDS

NEW BUSINESS — ORDINANCES

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

ADJOURNMENT

PROPOSED AMENDMENTS FROM PEDC MTG OF 6/19/2018 O-18-010

ORDINANCE

AMENDMENTS TO THE EXPLOSIVE MATERIALS CODE

CITY OF NASHUA

In the Year Two Thousand and Eighteen

The City of Nashua ordains that Part 2 “General Legislation”, Chapter 156 “Fire
Prevention”, Article IV “Fire Prevention Code” of the Nashua Revised Ordinances as amended,
is hereby further amended by adding the following new underlined section:

§ 156-8.1. Amendments to the Explosive Materials Code.

Section 65.9.1 of the 2009 Edition of the National Fire Protection Association NFPA 1 Fire
Prevention Code states:

“65.9.1 The manufacture, transportation, storage, sale, and use of explosive materials shall
comply with NFPA 495, Explosive Materials Code, and NFPA 498, Standard for Safe Havens
and Interchange Lots for Vehicles Transporting Explosives.”

In addition to State law, State administrative rules, and the above-referenced adopted NFPA
Codes, the City has the following additional requirements with respect to explosives and

blasting:
A. Permit Application.

(1) Permit applications and all required documentation shall be submitted to the
Nashua Fire Marshal a minimum of seven (7) days prior to scheduled
commencement of work for review and verification of completeness of
application. Any omission of required information shall be considered a reason
for denial.

(2) Permits will be issued no more than seven (7) days in advance of the blast and
will be valid for no more than seven (7) days as identified by the dates listed on
the permit, and may be extended per approval of the Fire Marshal, subject to an
additional fee.

3)

The following must be submitted with the application:

(a) A copy of the license issued under RSA Chapter 158 by the State Police to
the Applicant allowing purchase, storing, and transport of high explosive,
along with proof of identification.

(b) A copy of blasting supervisor’s and all other blaster’s Certificates of
Competency for Explosives issued under RSA Chapter 158 by the State
Police.

(c) A list of owner(s) of the property and/or responsible parties.

(d) A letter of permission from the property owner(s) of the blasting or
explosives discharge site.

(e) Approved, stamped Site Plan delineating area of blasting.

(f) A Blast Plan consisting of a detailed map and plan locating the blast site,
blast area, all buildings and structures within five hundred (500) feet of the
blast area or such extended distance as may be specified by the Fire
Marshal.

(2) Copies of Safety Data Sheet (SDS) and/or Technical Data Sheet
information for all products, materials and compounds that will be used on
the site in association with the blasting operation.

(h) Insurance requirements as follows:

1. Coverage must be written with an insurance carrier licensed to do
business in the State of New Hampshire. Certificate of insurance
must name the City of Nashua as additional insured.

2. City of Nashua requires thirty (30) days written notice of
cancellation or material change in coverage.

3. Comprehensive General Liability - $1,000,000 per occurrence:
$2,000,000 aggregate.

4. Certificate of insurance must reflect that coverage includes
blasting.

5. Motor Vehicle Liability - $1,000,000 combined single limit.

6. The certificate holder must be listed as: City of Nashua, 229 Main
Street, Nashua, NH 03060

7. Workers’ Compensation — As required by statute.

(4)

(5)

Prior to acting on any permit the Fire Marshal may consult with such federal, state
and/or City officials and employees whose area(s) of responsibility are, or may
be, affected by the proposed blasting operation.

After review and verification by the Fire Marshal, or as determined by the Fire
Marshal by an independent expert on an as needed basis at the applicant’s
expense, the Fire Marshal shall act on the application and either issue the permit,
with any condition(s) necessary to achieve the purposes of State Law or
Regulation, NFPA Codes, or City Ordinances, or deny the permit application,
along with the reason(s).

B. Additional Pre-Blast Inspection Requirements.

(1)

(2)

3)

Prior to conducting any blasting, the Applicant or their agent shall conduct pre-
blast structural condition inspections on all structures within two hundred and
fifty (250) feet from the location of all proposed blasts or such extended distance
as may be specified by the Fire Marshal prior to permit issuance. The preblast
survey shall document the existing visual conditions of the interior and exterior of
the structure including improvements to the property and other physical factors
that could reasonably be affected by the blasting. Structures such as pipelines,
cables, transmission lines, cisterns, wells, and other water systems warrant special
attention: however the assessment of these structures may be limited to surface
conditions and other readily available data.

The individual person or entity conducting the inspection shall give written
notice, not less than ten days in advance, to the owner of the property concerned,
as well as to any tenants of the property. The notice shall include:

(a) Information on the blasting that will take place.

(b) When blasting may occur, including dates and times, or a range of dates
and times.

(c) A five (5) business day window for a property owner and/or tenant to
request a pre-blast inspection.

(d) The mailing address, e-mail address and telephone number those property
owner and/or tenants can use to obtain information regarding the blasting
or inspections, and to request at no cost, pre-blast inspections.

(e) The mailing address, e-mail address and telephone number and

instructions about how and where to contact the Applicant, or his or her
representative concerning blast-related complaints or claims.

Pre-blast inspections.

(a) Descriptions on the pre-blast inspection shall locate any existing cracks,
damage, or other defects, and shall include such information so as to make
it possible to determine the effect, if any, of the blasting operations on the
defect.

(b) Where significant cracks or damage exists, or for defects too complicated
to describe in words, photographs or videos shall be taken. A photographic
or video survey can be used in lieu of a written form.

(c) The Applicant, as well as the owner and/or tenant of the property being
inspected, shall sign all such inspections once completed.

(d) A property owner and/or tenant refusal, for whatever reason, to allow a
pre-blast inspection, or to sign a pre-blast inspection form, shall be noted
on the pre-blast inspection form.

(e) The Applicant shall provide copies of the completed pre-blast inspections
to each property owner and/or tenant. When a blast inspection is complete,
with written consent of the property owner and/or tenant, the Fire Chief,
the Fire Marshall or their designees shall be permitted to request a copy.

(f) The inspections shall be kept by the Applicant and be made available to
the City, property owner and/or tenant pursuant to B.3(e), upon request,
for a minimum of five (5) years from the end date of the last blasting

permit issued.

Post-Blast Inspections and Blasting Damage Complaints.

(1) Any property owner and/or tenant can request, and receive at no charge, a post-
blast inspection, following the same requirements in B(3), above.
(2) Upon receipt of any blasting damage complaint, the Applicant shall notify the

Fire Marshal of the complaint and provide a copy of the blasting complaint within
twenty-four (24) hours. The Applicant shall also provide a copy of the
Applicant’s blasting complaint investigation findings when completed to the
Nashua Fire Marshal’s Office.

Seismic Measuring Devices.

(1)

(2)

3)

Prior to conducting any blasting, the Applicant or their agent shall identify the
two closest structures to the blasting site not owned by the owner of the blast site,
that are within five hundred (500) feet or such distance as designated by the Fire
Marshal, and request written permission from the owner(s) thereof to install and
monitor seismic measuring equipment.

The Applicant shall make two attempts to obtain such permission.

Ifthe second attempt is unsuccessful, the seismic measuring equipment shall be
installed between the structure and the blast location as close as reasonable to the
structure.