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Board Of Aldermen - Agenda - 9/28/2021 - P97

By dnadmin on Mon, 11/07/2022 - 07:08
Document Date
Fri, 09/24/2021 - 17:19
Meeting Description
Board Of Aldermen
Document Type
Agenda
Meeting Date
Tue, 09/28/2021 - 00:00
Page Number
97
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/boa_a__092820…

R-21-171

RESOLUTION

ISSUING PRECEPTS TO THE SELECTMEN OF THE CITY WARDS FOR THE
MUNICIPAL GENERAL ELECTION ON NOVEMBER 2, 2021

CITY OF NASHUA

In the Year Two Thousand and Twenty-One

WHEREAS, NRO 23-1.5 provides that polls shall be open for elections starting at 6:00
a.m. and ending at 8:00 p.m.

NOW THEREFORE, BE IT RESOLVED by the Board of Aldermen of the City of
Nashua that the City of Nashua shall hold the Municipal General Election on Tuesday,
November 2, 2021; the polls shall be open between the hours of 6 a.m. and 8:00 p.m.; and
precepts shall be issued to the selectmen of the city wards directing them to issue their warrants
calling meetings of the voters in their wards.

Page Image
Board Of Aldermen - Agenda - 9/28/2021 - P97

Board Of Aldermen - Agenda - 9/28/2021 - P98

By dnadmin on Mon, 11/07/2022 - 07:08
Document Date
Fri, 09/24/2021 - 17:19
Meeting Description
Board Of Aldermen
Document Type
Agenda
Meeting Date
Tue, 09/28/2021 - 00:00
Page Number
98
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/boa_a__092820…

RESOLUTION:

PURPOSE:

ENDORSERS:

COMMITTEE

ASSIGNMENT:
FISCAL NOTE:

LEGISLATIVE YEAR 2021
R-21-171

Issuing precepts to the selectmen of the city wards for the
municipal general election on November 2, 2021

Mayor Jim Donchess

The City Clerk estimates that the cost to conduct the Municipal
General Election will be approximately $46,673 broken out as
follows:

07.1.565 — $1300, Wages, Overtime $ 1,494
07.1.565 — $1514, Wages, Elections $18,630
07.1.565 — 55600, Printing $10,500
07.1.565 = 53435, Election Services $14,880
07.1.565 — 55607, Postage $ 994
07.1.565 — 61299, Miscellaneous Supplies $175

$46,673

ANALYSIS

This resolution issues precepts to the selectmen of the city wards for the November 2, 2021

municipal general election.

Approved as to form:

Office of Corporation Counsel

Date: Q Seplevwke, Zoo-

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Board Of Aldermen - Agenda - 9/28/2021 - P98

Board Of Aldermen - Agenda - 9/28/2021 - P99

By dnadmin on Mon, 11/07/2022 - 07:08
Document Date
Fri, 09/24/2021 - 17:19
Meeting Description
Board Of Aldermen
Document Type
Agenda
Meeting Date
Tue, 09/28/2021 - 00:00
Page Number
99
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/boa_a__092820…

R-21-172

RESOLUTION

AUTHORIZING THE MAYOR TO ENTER INTO A SECOND AMENDMENT TO
CONCESSION AGREEMENT WITH GRANITE DIAMOND, LLC

CITY OF NASHUA

In the Year Two Thousand and Twenty-One

RESOLVED by the Board of Aldermen of the City of Nashua that the Mayor is
authorized to enter into a Second Amendment to Concession Agreement in substantially the
same form as the attached. This amendment extends the Concession Agreement for a term of one
year beginning on January 1, 2022 and ending on December 31, 2022.

Page Image
Board Of Aldermen - Agenda - 9/28/2021 - P99

Board Of Aldermen - Agenda - 9/28/2021 - P100

By dnadmin on Mon, 11/07/2022 - 07:08
Document Date
Fri, 09/24/2021 - 17:19
Meeting Description
Board Of Aldermen
Document Type
Agenda
Meeting Date
Tue, 09/28/2021 - 00:00
Page Number
100
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/boa_a__092820…

SECOND AMENDMENT TO CONCESSION AGREEMENT

This Second Amendment to the Concession Agreement (hereinafter “Agreement”), dated
as of the latter of the signatures below, is by and between the City of Nashua, a municipality
incorporated in the State of New Hampshire, having a mailing address of 229 Main Street,
Nashua, County of Hillsborough, New Hampshire 03061 (hereinafter “City”) and Granite
Diamond, LLC, a New Hampshire limited liability company with an address of 67 Amherst
Street, Nashua, County of Hillsborough, New Hampshire 03064 (hereinafter “Franchisor’).

WHEREAS, the City and Franchisor entered into a Concession Agreement dated May 14,
2019, whereby the City granted to the Franchisor certain rights in regard to the City’s Holman
Stadium facilities (hereinafter “Premises”);

WHEREAS, the Term of the Concession Agreement was for 2 years, beginning January
1, 2019 and ending December 31, 2020;

WHEREAS, the Concession Agreement also provides for up to 5 additional one-year
options to extend the agreement pursuant to terms to be agreed upon;

WHEREAS, the Parties entered into a First Amendment to the Concession Agreement to
extend the agreement for one year, from December 31, 2020 to December 31, 2021; and

WHEREAS, the Parties now wish to extend the Concession Agreement to cover the
second additional option year.

NOW, THEREFORE, in consideration of the foregoing and other good and valuable
consideration, the receipt of which is hereby acknowledged, the City and Franchisor agree as

follows:

Page Image
Board Of Aldermen - Agenda - 9/28/2021 - P100

Board Of Aldermen - Agenda - 9/28/2021 - P101

By dnadmin on Mon, 11/07/2022 - 07:08
Document Date
Fri, 09/24/2021 - 17:19
Meeting Description
Board Of Aldermen
Document Type
Agenda
Meeting Date
Tue, 09/28/2021 - 00:00
Page Number
101
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/boa_a__092820…

TERM.

The term of the Concession Agreement shall be extended from January 1, 2022 to
December 31, 2022.

OTHER TERMS AND CONDITIONS REMAIN.

In the event of any inconsistencies in the Concession Agreement and this Second
Amendment, the terms of this Amendment shall control. Except as expressly set
forth in this Second Amendment, the Concession Agreement otherwise is
unmodified and remains in full force and effect. Each reference in the Concession
Agreement to itself shall be deemed also to refer to this Second Amendment.
CAPITALIZED TERMS.

All capitalized terms used but not defined herein shall have the same meaning as

defined in the Concession Agreement.

IN WITNESS WHEREFORE, the parties have caused their authorized representatives

to execute and seal this Second Amendment on the date set forth below.

Date:

Date:

CITY OF NASHUA

, 2021 By:
James W. Donchess, Mayor
DULY AUTHORIZED

GRANITE DIAMOND, LLC

2021 By: eee a
John W.S. Creedon, Jr., President and LLC Manager
DULY AUTHORIZED

Page Image
Board Of Aldermen - Agenda - 9/28/2021 - P101

Board Of Aldermen - Agenda - 9/28/2021 - P102

By dnadmin on Mon, 11/07/2022 - 07:08
Document Date
Fri, 09/24/2021 - 17:19
Meeting Description
Board Of Aldermen
Document Type
Agenda
Meeting Date
Tue, 09/28/2021 - 00:00
Page Number
102
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/boa_a__092820…

STATE OF NEW HAMPSHIRE
COUNTY OF HILLSBOROUGH

Onthis day of , 2021, personally appeared the above-named, James W.

Donchess, Mayor of City of Nashua, known to me (or satisfactorily proven) to be the person
whose name is subscribed herein and acknowledged that he/she executed the foregoing
instrument for the purposes contained therein.

Notary Public/Justice of the Peace
Print Name:
My Commission Expires:

STATE OF NEW HAMPSHIRE
COUNTY OF HILLSBOROUGH

On this day of , 2021, personally appeared the above-named,
John W.S. Creedon, Jr., President and LLC Manager of Granite Diamond, LLC, known to me (or
satisfactorily proven) to be the person whose name is subscribed herein and acknowledged that
he/she executed the foregoing instrument for the purposes contained therein.

Notary Public/Justice of the Peace
Print Name:
My Commission Expires:

Page Image
Board Of Aldermen - Agenda - 9/28/2021 - P102

Board Of Aldermen - Agenda - 9/28/2021 - P103

By dnadmin on Mon, 11/07/2022 - 07:08
Document Date
Fri, 09/24/2021 - 17:19
Meeting Description
Board Of Aldermen
Document Type
Agenda
Meeting Date
Tue, 09/28/2021 - 00:00
Page Number
103
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/boa_a__092820…

RESOLUTION:

PURPOSE:

ENDORSERS:

COMMITTEE

ASSIGNMENT:
FISCAL NOTE:

LEGISLATIVE YEAR 2021
R-21-172

Authorizing the Mayor to enter into a Second Amendment to
Concession Agreement with Granite Diamond, LLC

Mayor Jim Donchess

Finance Committee

This Second Amendment to Concession Agreement will
generate a maximum of $28,000 in game fees for the use of
Holman Stadium per baseball season. The City will also receive
40% of net profits of concession sales from City non-league
games and sponsored events. Having this Concession
Agreement does require an increased cost for utilities, grounds
maintenance and overtime.

ANALYSIS

This resolution authorizes the Mayor to enter into a Second Amendment to Concession
Agreement with Granite Diamond, LLC. This Second Amendment extends the Concession
Agreement for an additional year, through December 31, 2022, continuing all the other terms of
the Concession Agreement. The per game fee remains the same.

Approved as to form:

Office of Corporation Counsel

By: Dp. Coa Bs
Date: Septendae. dd, aoe-l

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Board Of Aldermen - Agenda - 9/28/2021 - P103

Board Of Aldermen - Agenda - 9/28/2021 - P104

By dnadmin on Mon, 11/07/2022 - 07:08
Document Date
Fri, 09/24/2021 - 17:19
Meeting Description
Board Of Aldermen
Document Type
Agenda
Meeting Date
Tue, 09/28/2021 - 00:00
Page Number
104
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/boa_a__092820…

O-21-071

ORDINANCE

REMOVING THE FINE LIMITATION ON ANIMAL ORDINANCE VIOLATIONS
RELATING TO DOGS

CITY OF NASHUA

In the Year Two Thousand and Twenty-One

The City of Nashua ordains that Part I] “General Legtslation”, Chapter 93 “Animals”,
Article I “Rules of Keeping Animals”, Section 93-14 “Violations and penalties” of the Nashua
Revised Ordinances, as amended, be hereby further amended by deleting the struck-through
language as follows:

“§ 93-14, Violations and penalties.

Any owner found violating any provision of this article shall be guilty of a violation and
upon conviction thereof shall be punished as provided in § 1-12 of the City Code-execept

SPECtCrlr wr cr ek RT Te oS a =

This ordinance shall become effective immediately upon passage.

Page Image
Board Of Aldermen - Agenda - 9/28/2021 - P104

Board Of Aldermen - Agenda - 9/28/2021 - P105

By dnadmin on Mon, 11/07/2022 - 07:08
Document Date
Fri, 09/24/2021 - 17:19
Meeting Description
Board Of Aldermen
Document Type
Agenda
Meeting Date
Tue, 09/28/2021 - 00:00
Page Number
105
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/boa_a__092820…

LEGISLATIVE YEAR 2021

ORDINANCE: O-21-071
PURPOSE: Removing the fine limitation on animal ordinance violations

relating to dogs

ENDORSER(S): Alderman Patricia Klee
Alderman Thomas Lopez

COMMITTEE
ASSIGNMENT: Personnel /Administrative Affairs Committee
FISCAL NOTE: No fiscal impact.

ANALYSIS

This legislation removes the fine limitation on animal ordinance violations relating to dogs, so
that violations of the “Rules for Keeping of Animals” article of the ordinances will be treated the
same for all animals. NRO §1-12 is the general penalty for violations of ordinances section, and
it provides for a fine of not more than $1,000. This legislation was discussed by the Animal and
Dog Park Advisory Committee.

Approved as to form: Office of Corporation Counsel

By: pet, (Sober
Date: \G Septender IO

Page Image
Board Of Aldermen - Agenda - 9/28/2021 - P105

Board Of Aldermen - Minutes - 9/27/2021 - P1

By dnadmin on Mon, 11/07/2022 - 07:08
Document Date
Mon, 09/27/2021 - 00:00
Meeting Description
Board Of Aldermen
Document Type
Minutes
Meeting Date
Mon, 09/27/2021 - 00:00
Page Number
1
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/boa_m__092720…

A special meeting of the Board of Aldermen was held Monday, September 27, 2021, at 7:00 p.m. in the aldermanic
chamber as well as via Zoom teleconference.

President Lori Wilshire presided; Deputy City Clerk Allison Waite recorded.
Prayer was offered by Deputy City Clerk Allison Waite; Alderwoman Elizabeth Lu led in the Pledge to the Flag.

To join by Zoom — please refer to the agenda or the website for the meeting link and telephone number.

Let’s start the meeting by taking a roll call attendance. When each member states their presence, please indicate if
participating via Zoom state why you are not meeting in person and whether there is anyone in the room with you during
this meeting which is required under the Right-To-Know Law.

Deputy City Clerk Waite called the roll and asked them to state the reason he or she could not attend, confirmed that
they could hear the proceedings, and stated who was present with him or her.

The roll call was taken with 10 members of the Board of Aldermen present: Alderman Michael B. O’Brien, Sr.,
Alderwoman Shoshanna Kelly (via Zoom), Alderman Richard A. Dowd, Alderman June M. Caron, Alderman David C.
Tencza, Alderwoman Elizabeth Lu, Alderman Ernest Jette, Alderman Skip Cleaver (via Zoom), Alderman Linda
Harriott-Gathright, Alderman Wilshire.

Alderman Patricia Klee, Alderman Benjamin Clemons, Alderman Thomas Lopez, Alderman Jan Schmidt, and
Alderman Brandon Michael Laws were recorded absent.

President Wilshire to turn the meeting over to Alderman Richard A. Dowd.
Alderman Dowd

Yes, we have three items for public hearings this evening. The first is R-21-168 Relative to the Transfer of $30,000
from Account 70100 “General Contingency” to Accounting Classification 51 “Salaries & Wages’ in Administrative
Services ($25,000) and Economic Development ($5,000) for the Purpose of Funding Salaries and Establishing an
Opioid Abatement Expendable Trust Fund Funded by Appropriations and Making a Supplemental Appropriation of
$27,223.40 into the Expendable Trust Fund. Is there anyone here that’s going to give us an overview of this
Resolution?

Director Bobbie Bagley, Division of Public Health and Community Services

Yes good evening. Bobbie Bagley, Director for the Division of Public Health and Community Services. Just here to
give information on establishing the trust fund for the opioid abatement. This is going to be funds that will be coming
into the city from several suits that have been filed against several of the pharmaceutical companies that produced
opioid drugs over the next 18 years. As a result of this, the funds will be distributed over that period of time in different
amounts and allocations to the City of Nashua as well as to the other parts of our State as well.

These funds are to be used for recovery work for services that include intervention, treatment, and recovery services
that will help mitigate opioid use disorder. The objective of getting this funding is to distribute this to services
providers in our community that are providing these particular services so we can extend and tie it with opioid use and
substance use disorder. So it’s very specific to the opioid resettlement that’s expected to come to the State of New
Hampshire over a period of 18 years from different resettlements that have been filed over the course of time.
Chairman Dowd

All set?

Director Bobbie Bagley, Division of Public Health and Community Services

Thank you.

Chairman Dowd

Is there any explanation for the other part of the Resolution?

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Board Of Aldermen - Minutes - 9/27/2021 - P1

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