Aldermen, Board of

A regular meeting of the Board of Aldermen was held Tuesday, October 27, 2015, at 7:30 p.m. in the Aldermanic Chamber. President David W. Deane presided; City Clerk Patricia D. Piecuch recorded. Prayer was offered by City Clerk Patricia D. Piecuch; Alderman-at-Large Brian S. McCarthy led in the Pledge to the Flag. The roll call was taken with 14 members of the Board of Aldermen present; Alderman Chasse was recorded absent. Corporation Counsel Stephen M. Bennett was also in attendance. REMARKS BY THE MAYOR - None RECOGNITION PERIOD – None READING MINUTES OF PREVIOUS MEETING AND PUBLIC HEARING MOTION BY ALDERMAN McCARTHY THAT THE MINUTES OF THE BOARD OF ALDERMEN MEETING OF OCTOBER 13, 2015 AND THE PUBLIC HEARINGS CONDUCTED BY THE PLANNING & ECONOMIC DEVELOPMENT COMMITTEE ON OCTOBER 19, 2015, BE ACCEPTED, PLACED ON FILE AND THE READINGS SUSPENDED MOTION CARRIED COMMUNICATIONS MOTION BY ALDERMAN SOUCY THAT ALL COMMUNICATIONS BE READ BY TITLE ONLY MOTION CARRIED From: Mayor Donnalee Lozeau Re: Ordinance O-15-046 MOTION BY ALDERMAN SOUCY TO ACCEPT AND PLACE ON FILE MOTION CARRIED From: Sarah Marchant, Director of Community Development Re: Update of Status on the Mine Falls and Jackson Mills Hydroelectric Projects MOTION BY ALDERMAN DONCHESS TO ACCEPT AND PLACE ON FILE MOTION CARRIED PERIOD FOR PUBLIC COMMENT RELATIVE TO ITEMS EXPECTED TO BE ACTED UPON THIS EVENING Mr. Ed Mooney, 44 ½ Amherst Street I rise in support of Mayor Lozeau’s veto of O-15-046 – Prohibiting the Passing of Objects to or From the Occupant of a Motor Vehicle in a Roadway. I thank Mayor Lozeau for vetoing O-15-046. For all the reasons the Nashua Telegraph encouraged her to do so I encourage this Board to support her. I agree with the Telegraph when they say that O-15-046 is unnecessary. It is overly broad and has nothing to do with public safety other than to squander police resources. I also agree with the Telegraph when they say circumventing the First Amendment is like targeting a constitutionally protected activity which is not the best or the easiest way to send panhandlers on their way. Mayor Lozeau proposes a simpler approach in her veto letter. I support her in that effort and ask that you do too. Board of Aldermen – 10/27/15 Page 2 Mr. Fred Teeboom, 24 Cheyenne Drive I have come in regarding R-15-168 and O-15-046. R-15-168 is the Cable T.V. Franchise Agreement with Comcast. This amended Franchise Agreement ignored the public uprising, as Alderman Deane named it, during the October 21st Finance Committee meeting, for adequate funding for the Public Access Channel operation. All we ask is that the 1.3% of the franchise fee for the three PEG channels be increased to 1.5%. This represents a roughly $60,000 of additional funding per year the public channel. The public channel has been operating since its start-up several years ago for $85,000 every year since. By comparison, the current compensation, the salaries plus benefits for the two G and E Channel managers are $168,000 or $84,000 each. You can fine that on page 227 of the FY ’16 budget. So each of them are getting $84,000 and here we are asking the contract for the public channel for the next seven years to operate at $85,00, therefore to keep the quality of this channel that is being conveyed to you by multiple public comment. I therefore ask you to amend R-15-168 by increasing the PEG funding from 1.3% to 1.5% of the franchise fee in paragraph 7.2 of that agreement and reduce the 2.7% to 2.5% of the franchise fee in paragraph 8.1 of that agreement. This does not alter the 4% franchise fee currently paid by the Comcast subscribers and has miniscule effect on the nearly $300 million city budget but will have an enormous effect on the quality of operation of the P-Channel for the next seven years. The other one I want to comment on is O-15-046, commonly referred to as the Panhandling Ordinance. This ordinance is clearly targeted to remove the First Amendment rights of people we consider undesirable, namely panhandlers. This makes this ordinance no less onerous than anti-black laws in the 50’s. I know, I lived in Miami Beach in the mid 1950’s and I have first-hand experience with deliberate discrimination. This ordinance has nothing to do with public safety. For example, look under one of the several exceptions of this ordinance. It reads “This section shall not apply to any city permitted events.” In an earlier amendment the example for a special event was stated as “street parades.” Are we saying that a child accepting can from a float in a parade is safe but a motorist donating money or a panhandler accepting money is not safe? Conversely, are we saying a neighborhood ice cream vendor can no longer sell ice cream to kids in the street from the back of a truck because it is unsafe? Keep in mind, unequal enforcement of this ordinance, if passed, can and will lead to expensive lawsuits. It was a lesson learned by the Town of Hudson which settled for $37,500 in a lawsuit against an anti-panhandling ordinance earlier this year. There are already NH state laws in place that address real public safety on this subject. RSA 265:37-b,I No person shall stop or a vehicle in such a manner as to impede or render dangerous the use of the roadway by others. There’s another one. RSA 265:40,I No person shall stand on the travelled portion of a roadway for the purpose of soliciting…contributions from the occupant of any vehicle. That covers it all. Ordinance O-15-046 is before you for an override. This takes two votes. When moved for reconsideration of the Mayor’s veto, vote NO and kill this off. If however the reconsideration should pass, vote NO on the roll call, just by ten votes for an override and remove this stain from our city. PETITIONS – None Board of Aldermen – 10/27/15 Page 3 NOMINATIONS, APPOINTMENTS AND ELECTIONS Appointments by the Mayor The following Appointment by the Mayor was read into the record: Auditorium Commission Paul LaFlamme (New Appointment) Term to Expire: December 31, 2018 28 Lutheran Drive Nashua, NH 03063 MOTION BY ALDERMAN CARON TO ACCEPT THE APPOINTMENT BY THE MAYOR AS READ AND REFER IT TO THE PERSONNEL/ADMINISTRATIVE AFFAIRS COMMITTEE MOTION CARRIED REPORTS OF COMMITTEE Finance Committee............................................................................. 10/21/15 There being no objection, President Deane declared the report of the October 21, 2015 Finance Committee accepted and placed on file. Committee on Infrastructure .............................................................. 10/14/15 There being no objection, President Deane declared the report of the October 14, 2015 Committee on Infrastructure accepted and placed on file. Human Affairs Committee ................................................................... 10/15/15 There being no objection, President Deane declared the report of the October 15, 2015 Human Affairs Committee accepted and placed on file. Planning & Economic Development Committee ................................ 10/19/15 There being no objection, President Deane declared the report of the October 19, 2015 Planning & Economic Development Committee accepted and placed on file. WRITTEN REPORTS FROM LIAISONS - None CONFIRMATION OF MAYOR'S APPOINTMENTS – None UNFINISHED BUSINESS – RESOLUTIONS R-14-079 Endorser: Alderman David Schoneman APPROVING THE LOCATION OF A NEW BENCH IN GREELEY PARK NEAR MANCHESTER STREET Given its second reading; MOTION BY ALDERMAN SCHONEMAN FOR FINAL PASSAGE OF R-14-079 Board of Aldermen – 10/27/15 Page 4 ON THE QUESTION Alderman Schoneman This went through the Infrastructure Committee and at the last meeting it was approved pending the final location for the bench and I’ve worked with Mr. Caggiano from the Parks and Rec Department and he has determined that it would suit Parks and Rec very well if this bench was located about 6’ to 8’ inside of the sidewalk on the Manchester Street side and underneath a nice, big shady branch at that large tree there. I just want to let my colleagues on the Infrastructure Committee know that I have taken care of that. MOTION CARRIED Resolution R-14-079 declared duly adopted. R-15-110 Endorser: Mayor Donnalee Lozeau ESTABLISHING AN EXPENDABLE TRUST FUND FOR STATE EMPLOYER PENSION COSTS AND APPROPRIATING $2,730,000 FROM FUND BALANCE ASSIGNED FOR THIS PURPOSE INTO THE EXPENDABLE TRUST FUND  Amended & Tabled, 2/24/15 R-15-168, Amended Endorser: Mayor Donnalee Lozeau APPROVING A PROPOSED CABLE TELEVISION FRANCHISE AGREEMENT RENEWAL BETWEEN THE CITY OF NASHUA AND COMCAST Given its third reading; MOTION BY ALDERMAN MORIARTY FOR FINAL PASSAGE OF R-15-168 AS AMENDED MOTION CARRIED Resolution R-15-168 declared duly adopted as amended. MOTION BY ALDERMAN SIEGEL TO TAKE FROM THE TABLE R-15-169 MOTION CARRIED R-15-169 Endorser: Mayor Donnalee Lozeau AMENDING THE SPECIAL REVENUE FUND FOR ROAD AND HIGHWAY EXPENDITURES BY INCREASING THE ANNUAL FUNDING AMOUNT FROM MOTOR VEHICLE PERMIT FEES Given its third reading; MOTION BY ALDERMAN SIEGEL FOR FINAL PASSAGE OF R-15-169 MOTION CARRIED Resolution R-15-169 declared duly adopted. Board of Aldermen – 10/27/15 Page 5 R-15-177 Endorsers: Mayor Donnalee Lozeau Alderwoman Pamela T. Brown RELATIVE TO THE ACCEPTANCE AND APPROPRIATION OF UP TO $270,000 OF LEASE PAYMENTS GENERATED FROM PROPERTY LOCATED AT 25 CROWN STREET, ACQUIRED WITH FEDERAL FUNDS, FOR THE CONSTRUCTION OF A PARK AND RIDE Given its second reading; MOTION BY ALDERWOMAN BROWN FOR FINAL PASSAGE OF R-15-177 MOTION CARRIED Resolution R-15-177 declared duly adopted. R-15-180 Endorsers: Mayor Donnalee Lozeau Alderman-at-Large Lori Wilshire Alderwoman Pamela T. Brown Alderwoman Mary Ann Melizzi-Golja Alderman Ken Siegel Alderman Michael Soucy Alderman Sean M. McGuinness Alderman June M. Caron Alderman-at-Large Brian S. McCarthy Alderman Richard A. Dowd RELATIVE TO THE ACCEPTANCE AND APPROPRIATION OF $44,890 FROM THE UNITED STATES DEPARTMENT OF JUSTICE INTO POLICE GRANT ACTIVITY “2015 JUSTICE ASSISTANCE GRANT (MULTI-JURISDICTIONAL)” Given its second reading; MOTION BY ALDERMAN WILSHIRE FOR FINAL PASSAGE OF R-15-180 MOTION CARRIED Resolution R-15-180 declared duly adopted. R-15-181 Endorsers: Mayor Donnalee Lozeau Alderman-at-Large Lori Wilshire Alderwoman Pamela T. Brown Alderwoman Mary Ann Melizzi-Golja Alderman Ken Siegel Alderman Michael Soucy Alderman Sean M. McGuinness Alderman June M. Caron Alderman Richard A. Dowd Alderman-at-Large Brian S. McCarthy RELATIVE TO THE ACCEPTANCE AND APPROPRIATION OF $29,800.50 FROM THE STATE OF NEW HAMPSHIRE, DEPARTMENT OF SAFETY “STATE HOMELAND SECURITY GRANT PROGRAM” INTO FIRE GRANT ACTIVITY “2015 HOMELAND SECURITY GRANT PROGRAM” Given its second reading; MOTION BY ALDERWOMAN MELIZZI-GOLJA FOR FINAL PASSAGE OF R-15-181 MOTION CARRIED Resolution R-15-181 declared duly adopted. Board of Aldermen – 10/27/15 Page 6 R-15-184 Endorsers: Mayor Donnalee Lozeau Alderman-at-Large Lori Wilshire Alderwoman Pamela T. Brown Alderwoman Mary Ann Melizzi-Golja Alderman June M. Caron Alderman Richard A. Dowd RELATIVE TO THE ACCEPTANCE AND APPROPRIATION OF UP TO $35,000 FROM THE STATE OF NEW HAMPSHIRE DEPARTMENT OF TRANSPORTATION INTO TRANSIT GRANT ACTIVITY “TRANSIT CAPITAL IMPROVEMENTS” Given its second reading; MOTION BY ALDERMAN CARON FOR FINAL PASSAGE OF R-15-184 MOTION CARRIED Resolution R-15-184 declared duly adopted. MOTION BY ALDERMAN SIEGEL TO WITHDRAW R-15-182 FROM THE PERSONNEL/ADMINISTRATIVE AFFAIRS COMMITTEE Alderman Siegel I’d like to explain that. That is for the committee to investigate the Country Barn Motel, etc. that Alderman Donchess had filed. Alderman McCarthy I guess I’d like to understand the genesis of the motion. That committee has not met to consider that resolution at all, correct? Alderman Siegel That would be correct. MOTION CARRIED R-15-182 Endorsers: Alderman-at-Large Jim Donchess AUTHORIZING THE DESIGNATION OR APPOINTMENT OF A COMMITTEE OF THE BOARD OF ALDERMEN TO CONDUCT AN INVESTIGATION INTO LIVING CONDITIONS, POSSIBLE CODE VIOLATIONS AND POTENTIAL NEW CODE PROVISIONS AT THE COUNTRY BARN MOTEL AND 23 TEMPLE STREET Given its second reading; MOTION BY ALDERMAN SIEGEL FOR FINAL PASSAGE OF R-15-182 ON THE QUESTION Alderman Wilshire I am not sure why this is being pulled out of committee and not heard at the committee level. I guess my question to the maker of the motion is why isn’t this going through the committee process? Board of Aldermen – 10/27/15 Page 7 Alderman Siegel The simple reason is because this is a formation of a simple committee and we have people that whose health may be in jeopardy and to have this sit in committee while we contemplate that and then have it come before the full Board of Aldermen, depending on the schedule, I think is a needless delay. At this point, we are already at six weeks since the original request for information which we just received thankfully. I think given that this is an issue for our Welfare clients I think it is incumbent upon us to take a look at this as soon as possible. The actual resolution itself seemed to me to be fairly mechanical. I was surprised that we didn’t act on it even at the time at the full Board of Aldermen meeting. That’s the gist of this. Alderman Dowd I read the information that we got and it was pretty extensive. All the inspections have been done and all of the violations have been notified and are slated to be corrected. I just want to know what we think the committee is going do? President Deane My idea would be to appoint a committee and refer the information provided by the administration to that committee to look at and act upon it. MOTION CARRIED Resolution R-15-182 declared duly adopted. UNFINISHED BUSINESS – ORDINANCES O-15-063 Endorser: Alderman-at-Large Brian S. McCarthy PROVIDING AN EXCEPTION TO THE LAND USE CODE FOR CITY HIGHWAY PROJECTS Given its second reading; MOTION BY ALDERMAN MCCARTHY FOR FINAL PASSAGE OF O-15-063 MOTION CARRIED Ordinance O-15-063 declared duly adopted. O-15-064 Endorsers: Mayor Donnalee Lozeau Alderwoman Pamela T. Brown Alderman-at-Large Lori Wilshire Alderwoman Mary Ann Melizzi-Golja Alderman-at-Large Brian S. McCarthy Alderman Richard A. Dowd AMENDING THE TRANSIT-ORIENTED DEVELOPMENT SPECIAL ZONING DISTRICT TO AN OVERLAY ZONING DISTRICT AND AMENDING THE PERMITTED USES TABLE TO INCLUDE RAIL Given its second reading; MOTION BY ALDERWOMAN BROWN FOR FINAL PASSAGE OF O-15-064 MOTION CARRIED Ordinance O-15-064 declared duly adopted. Board of Aldermen – 10/27/15 Page 8 O-15-065 Endorsers: Mayor Donnalee Lozeau Alderman-at-Large Lori Wilshire Alderwoman Pamela T. Brown Alderwoman Mary Ann Melizzi-Golja Alderman Richard A. Dowd Alderman-at-Large Brian S. McCarthy AMENDING THE ZONING MAP BY ADDING TWO TRANSIT-ORIENTED DEVELOPMENT (TOD) OVERLAY DISTRICTS Given its second reading; MOTION BY ALDERMAN DOWD FOR FINAL PASSAGE OF O-15-065 MOTION CARRIED Ordinance O-15-065 declared duly adopted. O-15-067 Endorsers: Alderman-at-Large Jim Donchess Alderman-at-Large Lori Wilshire Alderwoman Pamela T. Brown Alderwoman Mary Ann Melizzi-Golja Alderman-at-Large Brian S. McCarthy Alderman Richard A. Dowd Alderman David Schoneman EXTENDING THE OVERNIGHT ON-STREET PARKING PERMIT PROGRAM FOR ANOTHER YEAR Given its second reading; MOTION BY ALDERMAN DONCHESS FOR FINAL PASSAGE OF O-15-067 MOTION CARRIED Ordinance O-15-067 declared duly adopted. O-15-046, Amended Endorsers: Alderman Michael Soucy Alderman David Schoneman Alderman Sean M. McGuinness Alderman Ken Siegel Alderman-at-Large Lori Wilshire PROHIBITING THE PASSING OF OBJECTS TO OR FROM THE OCCUPANT OF A MOTOR VEHICLE ON A ROADWAY  Vetoed MOTION BY ALDERMAN SOUCY TO RECONSIDER O-15-046 AS AMENDED ON THE QUESTION Alderman Soucy I’ll be very brief but I just want to address four points from Mr. Teeboom and thank you, I think you have been as passionate as I have been, just on the other side. He indicates that we already have a law, 265:40 and 265:40, and I want to be clear about this, does not cover what I am trying to do as he explained. It states no person shall stand on the traveled portion of a roadway. When we are dealing with laws we are dealing with language; stand on the traveled portion of a roadway. This allows people to still stand in the Board of Aldermen – 10/27/15 Page 9 medians which even the Mayor in her veto letter indicated that it was a safety hazard. That law does not cover it. The last thing he indicated under §B-5, he was talking about the exemptions and that there are too many exemptions. I’d like to briefly go over the exemptions. Under §B-2 we have an exemption for private roads because we have no enforcement on private roads or legally parked vehicles. There is an exemption for any law enforcement or public safety official acting within the scope of their official duties. The other one is this shall not apply to vehicles helping people involved in an accident. That makes sense as a perfect exemption. The one that he indicates “shall not apply to any city permitted event such as parades,” he didn’t read the whole thing. This section shall not apply to any city permitted events when the roadway has been closed to regular traffic.” Lastly I’ll just say that it’s not a First Amendment right, people will be allowed to hold their signs it’s just a matter of an action. In fact when we work on panhandling issues or any issued like that we try to find the best practice or the best model. This is the best model out there. People are trying to be creative all of the time and trying to find new things to do and they are being challenged. Charleston, S.C. just copied ours so this is the way things are going. I’ll make a comment on the veto. The Mayor, and I’m happy that she is in agreement that being on the median is a safety issue so we need to address the safety issue. That’s why I am asking for reconsideration and I am going to ask my colleagues for the votes needed for reconsideration. Division Taken MOTION FAILED NEW BUSINESS – RESOLUTIONS R-15-185 Endorser: Mayor Donnalee Lozeau APPROVING A SITE LEASE AGREEMENT WITH T-MOBILE NORTHEAST, LLC TO RELOCATE THE LESSEE’S COMMUNICATION EQUIPMENT LOCATED AT WHIPPLE STREET, MINE FALLS PARK TO THE NEW REPLACEMENT TOWER Given its first reading; assigned to the FINANCE COMMITTEE and the BOARD OF PUBLIC WORKS by President Deane R-15-186 Endorser: Mayor Donnalee Lozeau APPROVING A FIRST AMENDMENT TO EASEMENT IN GROSS WITH T-MOBILE NORTHEAST, LLC (SUCCESSOR IN INTEREST TO OMNIPOINT COMMUNICATIONS MB OPERATIONS, LLC) TO INCREASE EASEMENT FEES Given its first reading; assigned to the FINANCE COMMITTEE and the BOARD OF PUBLIC WORKS by President Deane NEW BUSINESS – ORDINANCES O-15-072 Endorser: Alderman June M. Caron Alderman-at-Large Daniel T. Moriarty ADDING PARKING RESTRICTIONS ON BOWERS STREET EAST OF ARLINGTON STREET Given its first reading; assigned to the COMMITTEE ON INFRASTRUCTURE by President Deane MOTION BY ALDERWOMAN MELIZZI-GOLJA THAT THE RULES BE SO FAR SUSPENDED AS TO ALLOW FOR THE FIRST READING OF AN ORDINANCE RECEIVED AFTER THE AGENDA WAS PREPARED Board of Aldermen – 10/27/15 Page 10 ON THE QUESTION Alderwoman Melizzi-Golja I would just like to indicate that I believe everyone received an e-mail today from Ms. Lovering indicating that this ordinance was prepared in time and for whatever reason did not appear on the agenda. I just don’t want people to perceive that this is just being brought in now. MOTION CARRIED O-15-073 Endorsers: Alderwoman Mary Ann Melizzi-Golja Alderman June M. Caron Alderman-at-Large Lori Wilshire Alderman Ken Siegel Alderman-at-Large Jim Donchess Alderman-at-Large Mark S. Cookson Alderman Sean M. McGuinness Alderman David Schoneman Alderman Richard A. Dowd Alderman-at-Large Brian S. McCarthy Alderman-at-Large David W. Deane Alderwoman Pamela T. Brown Alderman Daniel T. Moriarty AMENDING THE EXEMPTION FOR ELDERLY PERSONS BY INCREASING THE MAXIMUM ALLOWED INDIVIDUAL AND COMBINED NET INCOMES AND ASSETS Given its first reading; assigned to the PERSONNEL/ADMINISTRATIVE AFFAIRS COMMITTEE by President Deane PERIOD FOR GENERAL PUBLIC COMMENT Mr. Mark Maynard, 263 Main Street We’ve been in business at 263 Main Street for 25 years. We are proposing to build a 96 rental unit on 263-265, 1, 2 and 3 Prospect Streets. We have been working with the planning staff for two years and they recommended that I come here as with the Mayor’s office because the Board is the only one that can make a decision on this. I make the application that and paid all my fees and I made my HUD application because it would be a HUD project. I then got a bill for $10,000 last week and I’ve done two previous downtown projects, Jackson Falls and Meridian Place and I’ve never had this fee and I’m not arguing the fee. All I am asking is rather than make it tied to the planning process I would like the fee charged to the building permit process. When I apply for the building permit I’ll pay it. The planning staff and the Mayor’s office tell me that the Board of Aldermen is the only one that can make that decision and unfortunately in this world we live in; I’ve already made my application to HUD and I can’t get funding without an approval so there’s no funding until I get an approval so it’s the new world we live in. It’s approximately four months that I am willing to pay interest on the $10,000. I’m just asking the Board for that waiver and I don’t even know if I am doing the right process or not. Alderman McCarthy Are you talking about the impact fee? Mr. Maynard Yes, sir. Board of Aldermen – 10/27/15 Page 11 Alderman McCarthy I think the issue is that we don’t assess the impact fee until a certificate of occupancy is granted. Mr. Maynard That’s not what the planning staff tells me, sir. Alderman McCarthy I think we bill it at the end of the project rather than the beginning is probably the problem here. Mr. Maynard Well because they say I’m scheduled to be before the Board on November 5th and they are saying that I can’t. President Deane The impact fee is levied at the end of the project. It sounds like you have been given misinformation. We are Aldermen and we are here to help you but you have to remember that we can’t give directives to the city staff. We can make suggestions and recommendations but we can’t give directives. It sounds to like maybe if Alderman McCarthy wants to make a phone call and inquire tomorrow to find out. It does sound to me like your impact fees should be levied at the bitter end and not at the beginning. If you want to wait a few minutes perhaps you can meet with Alderman McCarthy after the meeting. Alderman McCarthy Just so I can understand the issue, you would actually prefer that it were assessed when the building permit fee was assessed so that you know about it up front, is that correct? Mr. Maynard Yes, like I said I’ve been dealing with the staff for two years and I only heard about it last week and they referred me to this Board. I’m confused but I’ll talk to Alderman McCarthy after the meeting. Alderman McCarthy I’ll just warn you that we may not have the ability…the impact fees are a creature of the State Planning RSA’s and we may not have the ability to assess that any time except when a certificate of occupancy is issued. Mr. Maynard That’s fine. That’s what I want. REMARKS BY THE MEMBERS OF THE BOARD OF ALDERMEN Alderwoman Melizzi-Golja I assume that many of you either read the paper today or saw yesterday in the news snip-it’s of the conversation between Senator Gregg and Judge Souter regarding the teaching of civics. We often have members of the Boy Scouts here to learn about local government and I always find that encouraging. I just think that if we go out and work with members of the community that this is something that we all Board of Aldermen – 10/27/15 Page 12 need to consider because I think that all of us are concerned about members of our community understanding government and their role in government. Alderman Dowd Next week we have a city election and I would like people to please get out and vote. It’s very important and I’d like to see bigger percentages than we have had in the past. Alderman McCarthy I’ll just read §190:78, paragraph A says “the fee payer shall pay the impact fee required by this article to the City of Nashua prior to the issuance of a certificate of occupancy.” President Deane Okay, so you are in the clear. Committee announcements: ADJOURNMENT MOTION BY ALDERMAN CARON THAT THE OCTOBER 27, 2015, MEETING OF THE BOARD OF ALDERMEN BE ADJOURNED MOTION CARRIED The meeting was declared adjourned at 8:07 p.m. Attest: Patricia D. Piecuch, City Clerk PROPOSED "TRANSIT-ORIENTED DEVELOPMENT DISTRICT" SOUTHEAST NASHUA  O-15-073 ORDINANCE AMENDING THE EXEMPTION FOR ELDERLY PERSONS BY INCREASING THE MAXIMUM ALLOWED INDIVIDUAL AND COMBINED NET INCOMES AND ASSETS CITY OF NASHUA In the Year Two Thousand and Fifteen The City of Nashua ordains that Part 11 "General Legislation", Chapter 295 "Taxation", Article III "Exemption for Elderly Persons", Section 295-4 "Qualifications" of the Nashua Revised Ordinances, as amended, is here by further amended by deleting the struck-through language and adding the new underline language as follows: "§ 295-4. Qualifications. To qualify, the person must have been a New Hampshire resident for at least three consccutive years, own the real estate individually, jointly, or if the real estate is owned by a spouse, he/she must have been married tor at least five years. In addition, the taxpayer must have a net income of not more than $3640,000 or, if married, a combined net income of not more than $4650,000 and own net assets not in excess of $455150,000, excluding the value of the person's residence." This ordinance shall take effect for the tax year commencing April I, 2016.