Board of Aldermen — 4/11/17 Page 9
There are no exemptions stated in Nashua charter, 56-c. Zip. Not a single exemption. The only exemption
under the Cap, to get out of the Cap, are ten affirmative votes by the Board of Aldermen. It used to be 2/3 but
referendum made it ten votes. | think in 2005. That’s the only exemption. There is no other exemption. The
Nashua charter par. 56-c is crystal clear in what comprises the Combined Annual Municipal Budget subject to
the cap. You know what it is? This is what itis. It is all in the white pages, the yellow pages, the green pages,
and the pink pages. All adopted by the Board of Aldermen. The only thing that is not part of the combined
annual municipal budget are in the blue pages. That’s because there is no department request. They are trust
funds, CERF, fund balance. Only the blue pages are not part of the combined annual budget. Everything else
is. Anybody who says it is not, is wrong.
A city ordinance cannot conflict with the city charter. The city charter is clear and unambiguous. On the
question by the Mayor Donchess repeatedly: “should the sewer fund be ‘inside’ or ‘outside’ the budget cap,”
there can be only one answer. The entire sewer fund is subject to the Cap. There is no other answer.
We all understand the real purpose for O-17-31. It’s not to set up a new fund. It is to contrive an end-run
around the Cap to make a $9.1 million space under the Cap without 10 required votes. It’s an end-run. It’s an
illegal end-run. It's an improper end-run. | urge, in conclusion, to amend O-17-031 to strike the entire Section
2. It’s really irrelevant to the sewer fund. It’s just a discussion about the Spending Cap. Strike the entire
Section 2, and | urge you to do it to avoid possible legal action against the city. And when you do take this
vote, please take a roll call vote so we know who votes which way. Thank you.
PETITIONS — None
NOMINATIONS, APPOINTMENTS AND ELECTIONS
Joint Convention with Woodlawn Cemetery Board of Trustees
There being no objection, President McCarthy declared that the Board of Aldermen meet in Joint Convention
with the Woodlawn Cemetery Board of Trustees for the purpose of electing two trustees.
President McCarthy called for nominations.
Trustee Niles Jensen nominated Michael McLaughlin and Dana Farwell for five-year terms to expire
March 31, 2022
There being no objection, President McCarthy declared the nominations closed.
A Viva Voce Roll Call vote was taken on the appointment of Michael McLaughlin and Dana Farwell to the
Woodlawn Cemetery Board of Trustees for terms to expire March 31, 2022, which resulted as follows:
Yea: Alderman Wilshire, Alderman Clemons, Alderman Deane
Alderman Cookson, Alderman Dowd, Alderman Caron
Alderman Siegel, Alderman Schoneman, Alderwoman Melizzi-Golja
Alderman McGuinness, Alderman LeBrun, Alderman Moriarty
Alderman O’Brien, Alderman Lopez, Alderman McCarthy
Daniel Buslovich, Dana Farwell, Niles Jensen, Jr.,
Mayor Donchess 19
Nay: 0
MOTION CARRIED
President McCarthy declared Michael McLaughlin and Dana Farwell duly appointed to the Woodlawn
Cemetery Board of Trustees for terms to expire March 31, 2022.
