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Board of Aldermen 06-12-2018 Page 5
FINANCE COMMITSE..... oo. ccc cece cece cece cence eee eeeeeeeeeeeeeeeeeeeeeeeeesecesceeseeeeceeseeeeeess 06/06/2018

There being no objection, President McCarthy declared the report of the June 6, 2018, Finance
Committee accepted and placed on file.

Committee on Infrastructure 2.00.0... ccccccccccsececececeeececececeaeeeeaeeesaueeeeaeeerneettaeeeraners 05/23/2018

There being no objection, President McCarthy declared the report of the May 23, 2018, Committee on
Infrastructure accepted and placed on file.

Personnel/Administrative Affairs Committee.....0....0... ccc cccccceeccceceeceeeeceeeereeeeranees 06/04/2018

There being no objection, President McCarthy declared the report of the June 4, 2018, Personnel/
Administrative Affairs Committee accepted and placed on file.

Planning & Economic Development Commiittee................. cc cccccccceecestteeeeeeeeeeettneees 06/05/2018

There being no objection, President McCarthy declared the report of the June 5, 2018, Planning &
Economic Development Committee accepted and placed on file.

Substandard Living Conditions Special Committee ............ cece cceeeetttteeeeeeeees 05/21/2018

There being no objection, President McCarthy declared the report of the May 21, 2018, Substandard
Living Conditions Special Committee accepted and placed on file.

CONFIRMATION OF MAYOR'S APPOINTMENTS

President McCarthy

Before we take up the new ones, Michael Watt is in the audience who was appointed to the Downtown
Improvements Committee as an alternate at our last meeting. I’d like to ask him to come forward for the
Oath of Office.

Downtown Improvement Committee

Michael Watt, Alternate (New Appointment) Term to Expire: March 31, 2021

5 Strawberry Bank Road, Apt. 16

Nashua, NH 03062

Oath of Office administered by Corporation Counsel.

Downtown Improvement Committee

Danielle Skelley (New Appointment) Term to Expire: June 1, 2021

175 Main Street

Nashua, NH 03060

There being no objection, President McCarthy declared Danielle Skelley, 175 Main Street,

Nashua, duly appointed to the Downtown Improvement Committee for a term to expire June 1,
2021.

President McCarthy

Ms. Skelley is not in attendance this evening and will be sworn in later.

Board of Aldermen 06-12-2018 Page 6

Nashua Airport Authority

David Heath (New Appointment) Term to Expire: August 31, 2020
7 Casey Circle
Nashua, NH 03063

There being no objection, President McCarthy declared David Heath, 7 Casey Circle, Nashua,
duly appointed to the Nashua Airport Authority for a term to expire August 31, 2020.

Oath of Office administered by Corporation Counsel.
UNFINISHED BUSINESS — RESOLUTIONS

R-18-019
Endorser: Mayor Jim Donchess
RELATIVE TO THE ADOPTION OF THE FISCAL YEAR 2019 PROPOSED BUDGET FOR
THE CITY OF NASHUA GENERAL, ENTERPRISE, AND SPECIAL REVENUE FUNDS
Given its second reading;

MOTION BY ALDERMAN DOWD TO AMEND R-18-019 IN ITS ENTIRETY BY REPLACING IT
WITH THE PROPOSED AMENDMENTS PROVIDED WITH THE AGENDA BY ROLL CALL

A viva voce roll call was taken which resulted as follows:
Yea: Alderman Wilshire, Alderman Gidge, Alderman Harriott-Gathright
Alderman Dowd, Alderman Klee, Alderman Laws, Alderman Lopez
Alderman Caron, Alderwoman Kelly, Alderman Jette, Alderwoman Melizzi-Golja
Alderman Tencza, Alderman Schmidt, Alderman O’Brien, Alderman McCarthy 15
Nay: 0
MOTION CARRIED
Alderman Dowd
At the Budget Meeting, it was discussed about holding the budget until the next Board of Aldermen
meeting from this one so that we can have some input from the people doing the revaluation of the
City.
MOTION BY ALDERMAN DOWD TO POSTPONE TO R-18-019, AS AMENDED, UNTIL THE JUNE
26, 2018, BOARD OF ALDERMEN MEETING
MOTION CARRIED

Resolution R-18-019 postponed until next Board of Aldermen meeting

Board of Aldermen 06-12-2018 Page 7

R-18-030
Endorsers: Mayor Jim Donchess
Alderman Ken Gidge
Alderman Linda Harriott-Gathright
Alderman Richard A. Dowd
Alderman Patricia Klee
Alderman-at-Large Brandon Michael Laws
AUTHORIZING THE CONVEYANCE OF A DISCONTINUED PORTION OF AMHERST
STREET
Given its second reading;

MOTION BY ALDERMAN GIDGE FOR FINAL PASSAGE OF R-18-030
MOTION CARRIED

Resolution R-18-030 declared duly adopted.

R-18-035
Endorser: Mayor Jim Donchess
Alderman Linda Harriott-Gathright
Alderman Richard A. Dowd
Alderman Patricia Klee
Alderman Tom Lopez
Alderman-at-Large Michael B. O’Brien, Sr.
Alderman-at-Large Brian S. McCarthy
RELATIVE TO THE ACCEPTANCE AND APPROPRIATION OF $30,001 FROM
RENAISSANCE DOWNTOWNS, LLC INTO PUBLIC WORKS CAPITAL PROJECT
ACTIVITY “EAST HOLLIS STREET GATEWAY IMPROVEMENTS PROJECT”
Given its second reading;

MOTION BY ALDERMAN HARRIOTT-GATHRIGHT FOR FINAL PASSAGE OF R-18-035
MOTION CARRIED

Resolution R-18-035 declared duly adopted.

R-18-036
Endorsers: Mayor Jim Donchess

Alderman June M. Caron

Alderman-at-Large Lori Wilshire

Alderman Richard A. Dowd

Alderman Patricia Klee

Alderman-at-Large Brandon Michael Laws

Alderman Thomas Lopez

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 TRANSFER OF $25,000 FROM DEPARTMENT 194 “CONTINGENCY”,
ACCOUNT 70100 “GENERAL CONTINGENCY” TO DEPARTMENT 109 “CIVIC &
COMMUNITY ACTIVITIES”, ACCOUNTING CLASSIFICATION 56 “OUTSIDE AGENCIES”
FOR THE PURPOSE OF PROVIDING FUNDING TO THE NASHUA ASSOCIATION FOR THE
ELDERLY

Given its second reading;

Board of Aldermen 06-12-2018 Page 8
MOTION BY ALDERMAN CARON FOR FINAL PASSAGE OF R-18-036

ON THE QUESTION

Alderwoman Caron

Thank you. When | was here a couple of weeks ago to the Committee to talk about the $25,000.00
evidently there were some phone calls to some of the Aldermen concerning no air conditioning at the
Senior Center. The air conditioning problem was only in one room and that was an HVAC problem.
They had notified HW Wells & Halls and they went in last week and everything was fixed to their
satisfaction. So the rest of the building was still air conditioned, it was one particular room. Just to
remind everybody, we have 13 HVACs up on that roof and two of them have gone down. So they are
really working on it and obviously this money isn’t going to go to pay for that but it will hopefully ease
your mind about the $25,000.00 for the Senior Center.

Alderman Klee

| would like to thank Alderman Caron. | was one of the people that got one of the phone calls and |
contacted her and she continued on and explained it to me. And then | got a thank you for having it
fixed it but | let them know that | had nothing to do with it. But thank you so much for escalating that.

MOTION CARRIED
Resolution R-18-036 declared duly adopted.

R-18-037
Endorsers: Mayor Jim Donchess
Alderman Linda Harriott-Gathright
Alderman-at-Large Brandon Michael Laws
Alderman-at-Large Michael B. O’Brien, Sr.
RELATIVE TO THE TRANSFER OF $150,000 FROM DEPARTMENT 159 “OTHER PUBLIC
SAFETY”, ACCOUNT 54835 “HYDRANT FEES” TO DEPARTMENT 198 “INTERFUND
TRANSFERS”, ACCOUNT 89725 “TRANSFER TO CITY RETIREMENT TRUST FUND”
Given its second reading;

MOTION BY ALDERMAN O’BRIEN FOR FINAL PASSAGE OF R-18-037
MOTION CARRIED

Resolution R-18-037 declared duly adopted.

R-18-038
Endorsers: Mayor Jim Donchess

Alderman June M. Caron

Alderman Richard A. Dowd

Alderman-at-Large Lori Wilshire

Alderman Ken Gidge

Alderman-at-Large Brandon Michael Laws

Alderwoman Mary Ann Melizzi-Golja

Alderman-at-Large David C. Tencza

Alderman Jan Schmidt

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

AUTHORIZING FIREWORKS AT HOLMAN STADIUM AFTER 10:00 P.M. ON JULY 17, 2018

Given its second reading;

MOTION BY ALDERMAN CARON FOR FINAL PASSAGE OF R-18-038

Board of Aldermen 06-12-2018 Page 9

ON THE QUESTION
Alderman Caron

Thank you. As you know we try to make sure that fireworks go off at a reasonable hour, but July 17"
we will be celebrating Holman Stadium’s 80" Anniversary and no | wasn’t there when it opened. So
because of the different activities that are going to take place and obviously the Mayor and dignitaries
will be there to speak, the game may run past 9:00 so we have extended it for that one night and one
night only that the fireworks could go off at 10:00 if needed. So! appreciate all your support on that.
Thank you.

Alderman Lopez

| gather that the inconvenience to the neighbors is directly tied to how long the Mayor’s speech is going
to be? | feel that it is worth the celebration though.

MOTION CARRIED
Resolution R-18-038 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 second reading;

MOTION BY ALDERWOMAN MELIZZI-GOLJA TO AMEND O-18-007 IN ITS ENTIRETY BY
REPLACING IT WITH THE PROPOSED AMENDMENTS PROVIDED WITH THE AGENDA

ON THE QUESTION

Alderman Klee

| don’t know if this can be answered by this group but | did get a phone call about this. The question
was if people have yard waste and debris in their yard because of rain and so on and it gets washed
into the streets, is it their responsibility to have to go back out and get it and so on. That was a concern

that they had.

Alderwoman Melizzi-Golja

| have no idea but this | think is addressing people who are habitual offenders and | think if the whole
street is washed out like we have seen with some of the heavy rains or we’ve seen gravel from the
sides of the roads washed into streets, that’s kind of an Act of God sort of thing. This is really targeted
at chronic offenders and Aldermen Jette | think that from our conversation with the Board of Public
Works they are kind of feeling like it is intentional. It is just like if you have snow in your hard and we
have wind and it drifts it into the street, it is not like you dumped it there.

Alderman Jette

| think the Ordinance prohibits placing debris in the street so if it gets there by Act of God or nature,
then you cannot be liable for that, it is only if you do it yourself.

Board of Aldermen Page 8
May 24, 2016

problems.
A Viva Voce Roll Call was taken, which resulted as follows:

Yea: Alderman Wilshire, Alderman Clemons, Alderman Cookson, 13
Alderman Dowd, Alderman Caron, Alderman Siegel,
Alderman Schoneman, Alderwoman Melizzi-Golja, Alderman McGuinness,
Alderman LeBrun, Alderman O’Brien, Alderman Lopez,
Alderman McCarthy

Nay: Alderman Moriarty 1
MOTION CARRIED

MOTION BY ALDERMAN SIEGEL FOR FINAL PASSAGE OF R-16-015 AS AMENDED BY ROLL
CALL

ON THE QUESTION

Alderman Siegel

Let me deal with some of the issues that were raised both in the Budget Review Committee and just
recently in public comment. This idea that this money is something that is already accounted for; on its
surface one could say yes, we have a budget in front of us but you have to look and see what happened
in order to make that happen. | would particularly like to focus on the Capital Equipment Reserve Fund
which has been hacked down by $700,000. So, yes, we made a budget but what we are doing is playing
a dangerous game of kick the can. We can play that game, for that matter why not just have no Capital
Equipment Reserve Fund amount. At a certain point there is a threshold by which we are cutting our
own throat. You can bleed out from a little razor cuts just as well as you can bleed out from just slicing
your aorta. | believe that this is a fairly significant problem so with the money | am going to propose
eventually that we help to restore our Capital Equipment Reserve Fund because we cannot allow the
maintenance work in this city that our reserve funds to go down to the point where we are not replacing
our equipment. It is a fallacy that this has been accounted for or that there is some ulterior motive, in
fact, | am specifically going out of my way to demonstrate that this has absolutely nothing to do with the
desire to expand the spending cap. If the amount was $100,000 or $1 million then that would be the
amount. It is the exact amount specified by CFO Griffin and in fact, we have an estimate for years two
and three that we are going to have a $2 million additional pension problem. Clearly, we aren’t going to
solve that with any existing money in the fund; we can solve it partially but not completely so there will be
other changes and again, when the time comes which is in Budget not before this committee, | will try to
make some suggestions which hopefully can constructively address that problem. This is not about
playing some weird fiscal game. Frankly, | think it’s a flaw in the spending cap legislation the way it was
crafted that we have this expansion, for example, you can’t level fund a budget and say I’m going to take
from this account and move it here and have the same amount of money but now you need 10 votes to
do that. | was never quoted as having any desire to override the spending cap and my reference to
Prometheus has to do with the agony involved in trying to get a budget through and the feeling that we
have revisited this before. While Mr. Teeboom would like to classify himself as the eagle that pecks out
my liver, | would not discredit the eagle with that analogy because that is not what | had in mind,
unfortunately | don’t believe that there is any other bird that | can think of and be in polite company but
he is not who | was referring to. | certainly didn’t refer to myself as Prometheus, the giver of fire to the
humans which is what he really was; sorry to correct you on that. Nonetheless, getting back to the
legislation, | believe this is important to pass because this is a real problem. Again, we have this issue in
the budget; it’s a very clear hole. I’m not looking to put this into random areas, for example, beautifying
the city, additional salaries; | was very explicit in this legislation. It was there to plug the pension hole.

Board of Aldermen 06-12-2018 Page 10
Alderman Klee

Thank you, that clarifies it.

Alderman Harriott-Gathright

But what he just said, is that end the amendment that it is for placing? | haven’t read it so | am just
asking the question.

Alderwoman Melizzi-Golja

Put any snow or yard debris including but not limited to and it shall not apply to situations where
placement has been directed or requested by DPW — like when they tell you to put your barrels along
the curb and they are in the road. Or clean up or collection of material as simultaneously occurring —
and that was to recognize the fact that people have employed companies to come and clean their yards
and while they are in the process of cleaning the yard, they may place it in the road and then come by
and vacuum it up or do whatever and remove it. But it the long-term like “let me blow it into the street
so | don’t have to bag it”.

Alderman Tencza

| will say that | am not in favor of the snow ordinance as it is now, I’m not in favor of amending it to
include yard debris as well only because | think it is so arbitrary and the City doesn’t have the resources
to really enforce this across the board in every neighborhood. And | think some neighborhoods will be
targeted more so than others. My other objection to it would be that any violation which is perceived by
apparently a Police Officer who is assigned to help enforce the Ordinance subjects a person up to
$1,000.00 fine per day when there is a violation that is alleged.

Certainly | don’t think that right now that is how the Ordinance is being used or they are that heavy-
handed, but | would feel much more comfortable with this if there was more language in the Ordinance
so that someone would have to be warned multiple times before they are hit with any type of fine. If
there are chronic offenders of this, certainly the City knows about it and are getting calls but I’m not so
much concerned now but in the future if this Ordinance is on the books and a Police Officer or Police
Chief, Director of Public Works wants to start enforcing this pretty heavy-handedly | think they could.
So again, I’m not in favor, I'll be voting against the amendment as well as the Ordinance.

Alderman Lopez

| just wanted to ask a question of Corporation Counsel, is there a dispute process if you are fined in this
nature and you disagree?

Attorney Steven Bolton

Yes it’s atrial. If you say you didn’t do it is up to the City to prove you did do it.

Alderman Lopez

So it has to go all the way to trial, there isn’t like a review board or anything?

Attorney Bolton

Since my office would be prosecuting these things, | will tell you that | don’t think we are going to be
doing things where this any indication that it might have been an accident or caused by wind or rain or
some other naturally occurring phenomenon. It just doesn’t benefit anyone to go around heavy-
handedly enforcing this. The provision about snow has been on the books at least 35 years, probably
much longer than that. And | don’t remember ever there being a prosecution about it.

Board of Aldermen 06-12-2018 Page 11

The most that has ever happened is we have had the Police go over and tell someone “hey look you
can’t just plow the snow from your parking area across and dump it on the sidewalk across the street”.
And after that, that seemed to take care of the problem. But there has been a perceived problem that
people are in fact blowing leaves into the road, it creates a hazard, leaves get slippery when wet and it
is hoped that with something on the books, either the Police Department or Public Works employees,
when they inform someone that it shouldn’t be done, it will stop being done. When you don’t have
anything on the books, sometimes people just won’t listen to what is a good idea on its face.

Alderwoman Melizzi-Golja

| would just say that when this concern was brought to me initially, before moving forward with this, |
spoke with Director Marchant, and | also e-mailed our Code Enforcement Office, and the response | got
back from both of them is that this is a problem throughout the City and they have nothing on the books
to address it. And both of them spoke to me about hours of time being spent dealing with this situation.
And | also received some phone calls and e-mails from people in other parts of the City saying “thank
you because this is a problem and we have a chronic offender and it doesn’t matter what anyone from
the City says they know there is nothing that can be done”. So after getting that feedback that made
me decide to go forward with this. | know that it has been on-going in terms of being a problem across
the City.

Alderman Lopez

There was like 3 years ago a massive snowbank on East Hollis right next to the State Courthouse and |
think they were spoken to and then they just never did it again. | think in most cases if you address it
once or twice, it doesn’t even need to necessarily get to the fine and that has kind of been my
experience. I’m sure the public can dispute it that typically Code Enforcement doesn’t come out heavy-
handed but if they did, because that is a legitimate concern, if they did, then it would definitely be our
responsibility as Aldermen to address that and amend the legislation so it is not so heavy-handed.

Ultimately we don’t want to spend a lot of Corporation Counsel’s time having somebody in court over
where their leaves ended up or whatever. | understand Alderman Tencza’s point, | think we just have
to make sure that the implementation is as we intend it and then if an unintended consequence occurs,
then we need to address that too. Or the future version of us.

Alderman Klee

| agree with actually all three of the Aldermen. | had a case where someone was blowing leaves into
the street. They had come in from Connecticut where in their neighborhood that’s what they did, they
put it out into the street and they had a big, giant machine that came in and sucked it out. Once it was
explained that they really shouldn’t be doing that because we don’t have such a machine, they stopped
doing it. So | do think for the most part, just warning or a talking-to is enough to fix it but for repeat
offenders | do think we should have something on the books.

Alderman Dowd

| support the Ordinance and | do agree with Alderman Tencza that it probably should have some
additional language in it. | hope that we don’t have issues going forward where it has to come back and
we have to add the additional language, although | think | would have liked to see some additional
language in it relative to warnings. The other thing that concerns me is our Code Enforcement is
already strapped and short-handed so | don’t see them going out on this case unless it is a habitual
offender because they don’t have the time. | think as it is written will suffice, it gives the City some
leverage if something happens. If we do have problems with it downstream, we can always bring it
back and amend it

Board of Aldermen 06-12-2018 Page 12
Alderman O’Brien

I'll yield Mr. President.

Alderman Harriott-Gathright

Question, are you able to amend here? I’m not sure? For example, can you just add a little language
as warnings?

President McCarthy

If we are going to add a change of that substance, | would recommend sending it back to Committee to
do that work.

Alderman Harriott-Gathright

Can we send it back to back to Committee? Recommend sending it back?

President McCarthy

So a motion to re-refer to Infrastructure Committee.

MOTION BY ALDERMAN HARRIOTT-GATHRIGHT TO RE-REFER O-18-007 TO THE COMMITTEE
ON INFRASTRUCTURE
MOTION CARRIED

Ordinance O-18-017 re-referred back to the Committee on Infrastructure

Alderwoman Melizzi-Golja

| will contact Director Marchant and get some feedback from her but | do believe that it is our practice to
give warnings and this would have given them more teeth to say “we are giving you a warning but there
is now something on the books that we can enforce”. But! will follow up with Director Marchant and
Alderman O’Brien, | will bring her comments to your next Committee meeting.

Alderman Klee

| just have a question about warnings, in the past, many of the offices don’t have a way of tracking who
they have warned and who they haven’t warned.

President McCarthy

This is a discussion that would be better held at Infrastructure.
Alderman Klee
Ok, thank you.

O-18-012, Amended

Endorser: Mayor Jim Donchess

AMENDING THE FEE SCHEDULE OF THE CITY BUILDING REGULATIONS
Given its third reading;

MOTION BY ALDERMAN TENCZA FOR FINAL PASSAGE OF O-18-012 AS AMENDED
MOTION CARRIED

Board of Aldermen 06-12-2018 Page 13

Ordinance O-18-012 declared duly adopted as amended.

NEW BUSINESS — RESOLUTIONS

R-18-040

Endorser: Mayor Jim Donchess

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 O’Brien, Sr.

Alderman Ken Gidge

Alderman Linda Harriott-Gathright

Alderman Richard A. Dowd

Alderman Patricia Klee

Alderman-at-Large Brandon Michael Laws
AUTHORIZING THE MAYOR AND CITY TREASURER TO APPLY TO THE NEW HAMPSHIRE
DEPARTMENT OF ENVIRONMENTAL SERVICES FOR A LOAN OF UP TO TWO MILLION
FIVE HUNDRED THOUSAND DOLLARS ($2,500,000) FROM ITS REVOLVING LOAN FUND
FOR EXPENSES RELATED TO THE IMPLEMENTATION OF THE WASTEWATER
COLLECTION SYSTEM CAPACITY, MANAGEMENT, OPERATION AND MAINTENANCE
(“CMOM”) PLAN

Given its first reading; assigned to the BUDGET REVIEW COMMITTEE and the BOARD OF PUBLIC
WORKS by President McCarthy

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”
Given its first reading; assigned to the BUDGET REVIEW COMMITTEE by President McCarthy

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

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