Search

O-18-012, Amended

Endorser: Mayor Jim Donchess

AMENDING THE FEE SCHEDULE OF THE CITY BUILDING REGULATIONS
° Personnel/Administrative Affairs Committee Recommends: Final Passage with Proposed Amendments
° Amended & Tabled at full Board level pending public hearing — 5/22/2018

NEW BUSINESS — RESOLUTIONS

R-18-040
Endorser: Mayor Jim Donchess
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

R-18-041
Endorser: Mayor Jim Donchess
RELATIVE TO THE TRANSFER OF $65,000 FROM DEPARTMENT 162 “STREET LIGHTING”,
ACCOUNT 54100 “ELECTRICITY” TO DEPARTMENT 191 “SCHOOL CAPITAL IMPROVEMENTS”,
ACCOUNT 81100 “SCHOOL DEFERRED MAINTENANCE”

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

R-18-043
Endorsers: Mayor Jim Donchess
Alderman-at-Large Lori Wilshire

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”

R-18-044
Endorsers: Mayor Jim Donchess
Alderman-at-Large Lori Wilshire
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”

R-18-045
Endorsers: Mayor Jim Donchess
Alderman-at-Large Lori Wilshire
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 TUBERCULOSIS PROGRAM
OF GREATER NASHUA”

R-18-046
Endorsers: Mayor Jim Donchess
Alderman-at-Large Lori Wilshire

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”

R-18-047
Endorsers: Mayor Jim Donchess
Alderman-at-Large Lori Wilshire
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”

R-18-048
Endorser: Mayor Jim Donchess
AUTHORIZING A SUB-AGREEMENT BETWEEN THE NASHUA REGIONAL PLANNING
COMMISSION AND CITY OF NASHUA, NASHUA TRANSIT SYSTEM

R-18-049
Endorser: Mayor Jim Donchess
AUTHORIZING THE CITY OF NASHUA TO ENTER INTO A CONTRACT WITH THE SOUHEGAN
VALLEY TRANSPORTATION COLLABORATIVE FOR TRANSIT SERVICES

R-18-050
Endorser: Mayor Jim Donchess
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

R-18-051
Endorser: Mayor Jim Donchess
RELATIVE TO THE TRANSFER OF $20,000 FROM DEPARTMENT #181 “COMMUNITY

DEVELOPMENT” INTO DEPARTMENT #186 “TRANSPORTATION” FOR THE PURPOSE OF
TRANSFERRING ADDITIONAL MATCHING GRANT FUNDS TO REHABILITATE THE NASHUA
TRANSIT CENTER

NEV BUSINESS — ORDINANCES
O-18-017
Endorser: Alderman Patricia Klee
AUTHORIZING A STOP SIGN ON LOCK STREET AT ITS INTERSECTION WITH ORANGE STREET
PERIOD FOR GENERAL PUBLIC COMMENT
REMARKS BY THE MEMBERS OF THE BOARD OF ALDERMEN

Committee announcements:

ADJOURNMENT

PROPOSED AMENDMENTS FROM BUDGET REVIEW COMMITTEE R-18-019

RESOLUTION

RELATIVE TO THE ADOPTION OF THE FISCAL YEAR 2019 PROPOSED BUDGET
FOR THE CITY OF NASHUA GENERAL, ENTERPRISE, AND SPECIAL REVENUE
FUNDS

CITY OF NASHUA

In the Year Two Thousand and Eighteen

RESOLVED by the Board of Aldermen of the City of Nashua that the Fiscal Year 2019
Proposed Budget for the General Fund of the City of Nashua be and is hereby adopted, and that
the following amounts are hereby appropriated for the several accounts and for other needs of the
City of Nashua General Fund for the fiscal year beginning July 1, 2018, and ending June 30,
2019, and for the purpose of Section 50-a et seq. of the Nashua Revised City Charter, as amended,
each item of this budget shall be considered as a separate appropriation. The proposed
General Fund appropriation amount is $262,763,651 with estimated General Fund Revenues of
$62,297,937 including estimated state funding for education in the amount of $35,257,382.

That the Fiscal Year 2019 Proposed Budget for the Enterprise Funds of the City of
Nashua be and is hereby adopted, and that the following amounts are hereby appropriated for the
several accounts and for other needs of the City of Nashua Enterprise Funds for the fiscal year
beginning July 1, 2018 and ending June 30, 2019, and the purpose of Section 50-a et seq. of the
Nashua Revised City Charter, as amended, each item of this budget shall be considered as separate
appropriation. The proposed Enterprise Funds appropriation amount 1s $24,605,499 (inclusive of
anticipated Capital Appropriations), with estimated Enterprise Funds Revenues of $20,019,948
and any additional funding for capital and CSO-related expenditures from retained earnings,
bonding and/or State Revolving Fund Loans.

That the Fiscal Year 2019 Proposed Budget for the Special Revenue Funds of the City of
Nashua be and is hereby adopted, and that the following amounts are hereby appropriated for the
several accounts and for other needs of the City of Nashua Special Revenue Funds for the fiscal
year beginning July 1, 2018 and ending June 30, 2019. The proposed Special Funds appropriation
amount is $19,523,519 with estimated Special Revenue Funds Revenues of $19,523,519.

While the budget limitation provisions of the City Charter have recently been found to be
unenforceable by the Hillsborough County Superior Court Southern Judicial District, the
following is provided for illustration. Pursuant to NRO § 5-145, E, the accumulated sum of all

appropriations of the FY2019 combined annual municipal budget is $270,483,718. The FY2019
dollar amount under the limit contained in City Charter Section 56-c is $976,842.

Neither the approval and adoption of this budget, or any appropriation contained herein, or
to any City department or agency, including the Nashua School District, whether as proposed or
amended, shall be deemed to mean that the City has approved any program or responsibility for
funding in accordance with Part 1, Article 28-a of the Constitution of the State of New Hampshire.
Notwithstanding any appropriation herein, the city hereby expressly declines to approve funding
for any program or responsibility for which it is entitled by law to payment from the State of New
Hampshire pursuant to Part 1, Article 28-a of the State Constitution, whether it has previously
been determined that the City is entitled to said funding or not.

2c.
coon Oar WN = 5
Ps

Description

Add to line for National League of Cities - from Mayor

Add to line for Holman Stadium ETF - from Mayor
Add to line for Mine Falls ETF - from Mayor
Add to line for Holman Stadium ETF - from Mayor

Total Net Budget Adjustments to General Fund

General Fund Appropriation (Mayor's Proposed)

General Fund Appropriation (Adjusted)

City of Nashua

Amount below Spending Cap from General Fund Changes

SRF Appropriations (Mayor's Proposed)
Add SRF for 201 Main Street - Mayor Proposed

SRF Appropriations (Mayor's Proposed)
Total SRF

Enterprise Fund Appropriations (Mayor's Proposed)
Total Enterprise Funds

Total Appropriations

FY2019 Budget Adjustments As of 5/30/2018
General Fund
Department # Department Motion Account Number Amount

109 Civic and Community Activities Memo 55 $ 6,697
198 Transfers In/Transfers Out Memo 89750 $ 17,000
198 Transfers In/Transfers Out Memo 89752 $ 69,000
198 Transfers In/Transfers Out Memo 89754 $ 14,000
$ 106,697
$ 262,656,954
$ 262,763,651
$ 976,842

FY2019 Budget Adjustments

Special Revenue Funds

City $ 13,280,682
Memo $ 39,000
$ 13,319,682
School 6,203,837
$ 19,523,519

FY2019 Budget Adjustments

Enterprise Funds

Solid Waste $ 7,720,067
Wastewater 16,885,432

$ 24,605,499

$ 306,892,669

Budget Book
Page Number

83

260
83
83

New Pink Page

Budget Committee
Date

5/30/2018

5/30/2018
5/30/2018
5/30/2018

5/30/2018

PROPOSED AMENDMENTS FROM COMMITTEE ON INFRASTRUCTURE O-18-007

ORDINANCE

PROHIBITING PLACING OR BLOWING YARD DEBRIS IN THE STREET

CITY OF NASHUA

In the Year Two Thousand and Eighteen

The City of Nashua ordains that Part II “General Legislation”, Chapter 285 “Streets and
Sidewalks”, Article IV “General Street and Sidewalk Regulation”, Section 285-28 “Placing snow
in street” of the Nashua Revised Ordinances, as amended, be hereby further amended by deleting
the struck-through language and adding the new underlined language as follows:

Ҥ 285-28. Placing snow or yard debris in street.

No person shall by himself ef or by his agent or agents throw, push, blow or put any
snow, efice, or yard debris, including but not limited to leaves, branches, and grass

cupping. into oracress the right- of-way of any way, street, lane, oralley or sidewalk.
FE Bese e g ‘i valk—This section
shall not apply to the following situations: (i) placement he has been directed or requested
by the Division of Public Works; or (ii) clean-up or collection of material is
simultaneously occurring. Any person who shall violate this section shall upon
conviction be subject to punishment as provided in § 1-12.”

AMENDED AND TABLED AT FULL BOARD — 5/22/2018 AMENDED

O-18-012

ORDINANCE

AMENDING THE FEE SCHEDULE OF THE CITY BUILDING REGULATIONS

CITY OF NASHUA

In the Year Two Thousand and Eighteen

The City of Nashua ordains that Part II “General Legislation”, Chapter 105 “Building
Construction”, Article VI “Fees”, Section 105-22 “Fee Schedule” of the Nashua Revised
Ordinances, as amended, be hereby further amended by deleting the struck-through language and
adding the new underlined language as follows:

Ҥ 105-22. Fee Schedule.

A.

Building permit fee schedule.

(1)

(2)

(3)

A nonrefundable application processing fee shall be paid at the time of filing of
any application:

(a) Building permit: $2535.

New buildings, additions, alterations, mobile homes, in-ground swimming pools,
basements, connecting structures, future expansion areas and areas capable of
being used as living or occupiable space shall be included to calculate aggregate
floor area:

(a) Residential — 1 & 2 Family and Townhouses (per square foot of area
affected): $0. 4415.

(b) Commercial — including Multi-Family (per square foot of area affected):
$0.2025.

Structures designed and certified to LEED standards shall be eligible for the
following reduction in their building permit fee:

(a) LEED standard certification: 5%.
(b) LEED silver certification: 10%.
(c) LEED gold certification: 15%.

(d) LEED platinum certification: 20%.

Board of Aldermen Page 10
May 24, 2016

in an expense to taxpayers. | don’t think it’s a religious conviction but it’s a promise to taxpayers for us to
hold the line. As time goes on we will have discussions around this horseshoe and set priorities and
come to conclusions.

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

Yea: Alderman Wilshire, Alderman Clemons, Alderman Dowd, 9
Alderman Caron, Alderman Siegel, Alderwoman Melizzi-Golja,
Alderman O’Brien, Alderman Lopez, Alderman McCarthy

Nay: Alderman Cookson, Alderman Schoneman, Alderman McGuinness, 5
Alderman LeBrun, Alderman Moriarty

MOTION FAILS

MOTION BY ALDERMAN SIEGEL FOR INDEFINITE POSTPONEMENT OF R-16-015
ON THE QUESTION

Alderman Clemons

I’m disappointed with the way the last vote went. | kind of look at this situation as the miser who has
millions of dollars and lives in a mansion that has a leaky roof and mold growing everywhere and doesn’t
pay his taxes. The idea is the miser sets his budget and says | am not going to spend more than
$30,000 this year, even though he lives in a house that leaks every time it rains and he sleeps in a room
that has mold and that affects his health. But he wants to continue to be a millionaire so he keeps that
money in his account rather than spending a little bit of it to fix his house and have a better quality of life
and to pay his taxes. | look at this situation as something that’s similar. We have an obligation from the
State of New Hampshire that says we have to pay for these pension costs. There is no way around it.
We have millions of dollars set aside to pay for these pension costs and yet a minority of this board is
holding hostage that money against the will of the majority so that we can take it from a need that is
going to make the quality of life for our citizens in this city better. | really have a problem with that. Like
Alderman Siegel said, at what point do we take that ideology and look at the reality and say this is
something we just have to do? We have the resources, we have the funds. Let us not forget that all that
money that is sitting aside, we have already taxed people on. Our citizens have already paid taxes for
this purpose. Essentially what we are telling them is even though we’ve already taxed you and put your
money aside, we’re going to tax you again for what the state is telling us what we have to pay. | don’t
think that’s right. You folks can hide behind the Spending Cap and say | made a pledge to this, but in
reality what you’re doing is you’re double-taxing people. You can use the Spending Cap as a way of
saying | pledged | wouldn't override the Spending Cap but in this situation you are double taxing people.

Alderman Siegel

One, | don’t believe Nashua is a leaky house. We're not a miser millionaire. In fact the taxpayers of
Nashua deserve us to be very careful with their money so | respect that. | respect my colleagues on the
board that voted both for and against it. | believe they did in good conscience; | appreciate that. | want
to make that very, very clear. This is done. We argued it. We went through and it’s not a minority of the
Board holding the majority. It’s exactly the way the rules work. It takes 2/3; we didn’t have it. We're
done. That’s the way it goes.

Alderman Schoneman

AMENDED
ORDINANCE O-18-012

(4) Alterations, repairs, fire damage:
(a) Residential (per square foot of area affected): $0.0610.
(b) Commercial (per square foot of area affected): $0.4415.

(5) Additional plan review for minor modifications of previously approved drawings,
including commercial tenant fit-up:

(a) Residential (per square foot of area affected): $0.90305.
(b) Commercial (per square foot of area affected): $0.0710.

(c) When, in the Building Official's opinion, the nature of the work is not
related to floor area, the permit fee may be based on a construction cost of

9-006-mills-per-delar$0.60 per $100.
(6) Moving a building from lot to lot: $455180.

(7) | Demolition — the total removal and disposal of a structure:
(a) Up to 1,000 square feet: $2230.

(b) Excess beyond 1,000 square feet (fee for each additional 100 square feet
or part thereof of aggregate floor area): $2593.

(8) Hlevaters—$88- Certificate of Occupancy — existing space/owner change: $50.

(9) Special construction — not including signs, but including and not limited to
membrane structures, temporary structures, canopies and awnings, pedestrian
walkways, radio and television towers, radio and television antennas, elevators,

commercial solar energy systems, commercial wind energy systems and
commercial (other than asphalt roofing shingles) re-roofing:

(a) Fee shall be based on a construction or installation cost of 9-006-m#Hls-per
dettar$0.60 per $100.

(10) Retaining walls over four feet in height above grade G@vhicheveris-sreater):

(a) Minimunm—355—or Residential: minimum $25 or $0.10 per linear foot
(whichever is greater).

(b) Pertnearfeet—$020- Commercial: minimum $50 or $0.25 per linear foot
(whichever is greater).

(11) Minimum fee for miscellaneous equipment (each), excluding the application fee,
where not otherwise provided for by this section [for example: residential
antennas, small sheds (less than $90200 square feet), or construction trailers] or as
deemed appropriate by the Building Official or his or her designee:

(a) Residential: $4020.
(b) Commercial: $3545.

AMENDED
ORDINANCE

O-18-012

(12) Re-inspection of the same work due to the failure to pass an initial inspection or
the unavailability of the premises at the time of initial inspection: $3075.

(13) Phased construction (foundation permits, interior demolition permits or shell
Pp
permits): Phased construction shall be charged a 25% surcharge on the original
permit fee for each upgrade phase.

(14) Surcharge for permits issued after construction started without a permit: 100% of
applicable fee, but not to exceed $250$275 Residential / $500 Commercial.

(15) Expedite-service fee for special processing and after-hours service: $75 per hour
per staff member, with a minimum of $459200 (4we-heurs) for weekends or time
not contiguous with normal work hours.

B. Mechanical permit fee schedule.

(1) Residential mechanicalneludine multfamily (1 & 2 Family and Townhouses).

(a)
(b)

(c)

(d)

Nonrefundable application processing fee: $2530.

Delivery system:

[1]

[2]
[3]

Gas supply piping (base fee downstream of meter or regulator set;
test witnessed) (each): $49— 0-99k BTU - $25; 100-199k BTU -
$40; 200k BTU and above - $50 plus $0.22 per 1,000 BTU.

Gas supply outlets (each branch): $3396.50.

Installation of Fuel oil storage tanks less than 499 gallons, fuel oil
(each): $6-5015.

Equipment:

[1]

[2]

43]
Bi4l
4415]
Pie]
to1Z]

FAILS]
£8419]

Furnace: $3850940.

Water Heater: $15.

Refrigeration system piping, coil, or condensing unit: $6-5015.
Boiler, water or steam: $38-5040.

Boiler, water or steam, with domestic hot-water generator: $4445.
Burner, conversion or replacement, oil or gas: $6-3015.

Heater, vented or unvented, floor, wall, room or gas log (each):
$650925.

Dryer, exhaust or ventilation fan er-baseboardteep(each): $36.
Baseboard loop (each): $10.

Wood or pellet stove and associated chimney: $4940.