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LEGISLATIVE YEAR 2021

RESOLUTION: R-21-142
PURPOSE: Relative to the adoption of the Fiscal Year 2022 proposed

budget for the City of Nashua general, enterprise, and special
revenue funds

SPONSOR(S): Mayor Jim Donchess

COMMITTEE
ASSIGNMENT: Budget Review Committee

FISCAL NOTE: The tax rate cannot be determined at this time, however estimates
will be provided. The entire budget is a comprehensive package
and each component impacts the tax rate.

ANALYSIS

This resolution adopts the Fiscal Year 2022 Budget for the City’s general, enterprise, and special
revenue funds. 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.

A public hearing on the budget shall be held before its adoption by the board of aldermen with at
least seven days’ notice. Nashua City Charter $ 56-a; NRO § 5-8.

Nashua City Charter § 56-b provides that the board of aldermen may reduce any item in the
mayor's budget by a majority vote, but an increase or addition requires a vote of two-thirds of
the members of the board. Court decisions concerning Nashua’s Charter suggest that a court
may find that this provision, when applied to the budget resolution itself, is inconsistent with
state statutes and therefore unenforceable. See memorandum of Corporation Counsel dated
March 8, 2018.

The budget shall be finally adopted not later than August |, 2021. Nashua City Charter § 56-b.

Approved as to content, Financial Services Division

account structure, numbers,

and amount: By: _/s/John Griffin

Approved as to form: Office of Corporation Counsel
By:

Date: 1 Maw. ar

R-21-143

RESOLUTION

PROPOSING AN AMENDMENT TO THE CITY CHARTER RELATIVE TO THE
MANNER OF APPOINTMENTS TO THE NASHUA BOARD OF POLICE
COMMISSIONERS

CITY OF NASHUA

In the Year Two Thousand and Twenty-One

RESOLVED by the Board of Aldermen of the City of Nashua that pursuant to RSA 49-
B:5, the following amendment to the Nashua City Charter is deemed necessary and shall be
submitted to the voters by placing it on the ballot at the next regular municipal election on
November 2, 2021, in the manner required by NH RSA 49-B with the following question and
summary:

Shall the municipality approve the charter amendment summarized below?

SUMMARY

This amendment would provide for appointment of Board of Police Commissioners by the
Mayor and the President of the Board of Aldermen upon approval of the Board of Aldermen.
Appointments shail be based upon qualifications, merit and record of community service and
should be balanced so that the membership of the Commission reflects the citizenship of the
City. Members of the immediate family of and residents of the same household with the Mayor
and any Alderman would be ineligible.

The Nashua City Charter shall be amended by deletion of the current sections A-101 through A-
102 and A-141 through A-146 and by addition of the following new A-100 through A-102:

§ A-100. Appointments Based Upon Qualifications, Merit, and/or History of Community
Involvement

The Board of Police Commissioners of the City of Nashua shall consist of five (5)
members. Appointments will be based upon qualifications, merit and record of community
service. The Mayor and the President of the Board of Aldermen should use their best efforts to
balance the membership of the Commission to reflect the citizenship of the City. In no event
shall a member of the immediate family or a resident of the household with the Mayor or any
Alderman be eligible for appointment.

RESOLUTION R-21-143

§ A-101. Appointment of commissioners

The Mayor shall, with the advice and approval of the Board of Aldermen, appoint three
(3) persons to the Board of Police Commissioners, each holding office for a three (3) year term,
or until his or her successor is duly appointed and qualified. The President of the Board of
Aldermen shall with the advice and approval of the Board of Aldermen appoint two (2) persons
to the Board of Police Commissioners, each holding office for a three (3) year term, or until her
or his successor is duly appointed and qualified. Notwithstanding the foregoing any person
holding office as a commissioner under the appointment of the governor and council under the
authority of Laws 1913, chapter 148, at the date of the passage of this section shall continue in
office as such commissioner until the expiration of his or her said term of office. The first, third,
and fifth appointments following such term expirations shall be by the Mayor and the second and
fourth by the President of the Board of Aldermen and shall be staggered such that the term of one
or of two commissioners shall expire each year. Thereafter any vacancy from any cause shall be
filled by the original appointing authority with approval of the Board of Aldermen for the
remainder of the term or for a new term as is applicable. Each said commissioner shall have been
a resident of the City of Nashua when appointed for at least five years immediately preceding the
date of her or his appointment and shall remain a resident during said term. The Mayor or the
President of the Board of Aldermen shall, annually, on or before the first day of August
thereafter, with the advice and approval of the Board of Aldermen, appoint one or two
commissioners, who shall succeed the ones whose term expires and who shall serve for three (3)
years from September first unless sooner removed as (hereinafter) provided. Not more than three
commissioners shall be of the same political party.

§ A-102. Removal of commissioners

The Mayor or President of the Board of Aldermen with the advice and approval of the
Board of Aldermen shall have full power to remove any commissioner which he or she or her or
his predecessor has appointed.

LEGISLATIVE YEAR 2021

RESOLUTION: R-21-143
PURPOSE: Proposing an amendment to the City Charter relative to the

manner of appointment of the Nashua Police Commission.

SPONSOR(S): Mayor Jim Donchess
Alderman Thomas Lopez
Alderman Brandon M. Laws
Alderwomen Shoshanna Kelly
Alderwoman Patricia Klee
Alderwoman Jan Schmidt

COMMITTEE
ASSIGNMENT: Personnel/Administrative Affairs Committee
FISCAL NOTE: The City Clerk estimates the cost associated with a charter
amendment as approximately $200 during a regular municipal
election.
ANALYSIS

This Resolution would submit to the voters a proposed amendment to the City Charter providing
for appointment of police commissioners by the mayor and the president of the board of
aldermen with the approval of the board of aldermen.

The procedure for charter amendments is set forth in RSA 49-B:5. The Board of Aldermen must
hold an initial vote to determine if the amendment is “necessary”. If the amendment is
determined to be necessary, the Board of Aldermen must order that notice be given for a public
hearing on the amendment. Notice of the public hearing must be published in a newspaper of
general circulation at least seven (7) days prior to the scheduled hearing. The notice must
contain the text of the proposed amendment and a brief explanation.

Within seven (7) days after the public hearing, the Board of Aldermen shall file with the City
Clerk a report containing the proposed amendment. Within ten (10) days of filing, the City Clerk
files a certified copy of the report to the secretary of state, the attorney general, and the
commissioner of the department of revenue administration pursuant to RSA 49-B:4-a. Within
seven (7) days after receiving approval from the secretary of state, the attorney general, and the
commissioner of the department of revenue administration, the Board of Aldermen may vote to
order the proposed amendment to be placed on a ballot at the next regular municipal election.

Approved as to form: Office of rg eS -
By: /

Date: May 6, 2021

R-21-144

RESOLUTION

AUTHORIZING THE PURCHASE OF PROPERTY LOCATED AT “L” PINE STREET
(MAP 77, LOT 5)

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 hereby
authorized to purchase property located at “L” Pine Street (Tax Map 77, Lot 5) from Nashua
Millyard Associates, Inc. on terms and conditions in substantially similar to the attached
Purchase and Sale Agreement. The purchase price of said land and buildings shall be three
hundred twenty five thousand dollars ($325,000).

FURTHER RESOLVED by the Board of Aldermen of the City of Nashua that the Mayor,
with the assistance of the Office of Corporation Counsel, is authorized to prepare and execute all
necessary documents and take all necessary actions contemplated by the above described Purchase
and Sale or required to effectuate the same.

REAL ESTATE PURCHASE AND SALE AGREEMENT

THIS REAL ESTATE PURCHASE AND SALE AGREEMENT (this “Agreement”) is made and
entered into as of this day of , 2021, by and between Nashua Millyard
Associates Inc., having a mailing address of 22 Kehoe Avenue, Nashua, New Hampshire
(“Seller”) and The City of Nashua, a New Hampshire municipal corporation, having an address
of 229 Main Street, Nashua, New Hampshire 03060, (“Buyer”).

1, PURCHASE AND SALE. Seller agrees to sell and convey, and Buyer agrees to buy, on
the terms and conditions hereinafter set forth, a parcel of land with all the improvements thereon,
located in Nashua, Hillsborough County, New Hampshire, known as or described as Lot 77-5 of
the City of Nashua Tax Maps, having an address of L Pine Street, Nashua, New Hampshire,
being the property described in a deed recorded in the Hillsborough County Registry of Deeds,
Book 3769, Page 97 (“Premises”).

2. PURCHASE PRICE. Subject to any adjustments and prorations hereinafter described,
Buyer agrees to pay for the Premises the sum of Three Hundred Twenty-Five Thousand and 00/100
Dollars ($325,000.00) (“Purchase Price”). There is no deposit.

3. TITLE. Seller shall convey the Premises to the Buyer at the Closing in fee simple with
good, insurable, and marketable title by Quitclaim Deed, free and clear of all liens and
encumbrances, except as set forth in the deed or matters of record, and except for:

a). acertain lease regarding radio antennas and tower with the Tenant known as Absolute
Broadcasting LLC (the “Radio Tower Lease”); and

b). a proposed easement from Seller to Public service of New Hampshire, to be recorded
soon (the “PSNH Easement”); and

c). a certain Option to Purchase Property (the “Option”) attached hereto and incorporated
herein by reference. Seller shall convey the Premises to the Buyer subject to the terms and
conditions of the Option. The Buyer shall accept title to the Premises subject to the Option and,
upon closing and transfer of title, Buyer shall assume and perform all obligations of the “Seller”
under the Option.

The above listed items are and shall be Permitted Exceptions under Section 5 below.

Parties shall also deliver such additional documents as may be required under this Agreement or
as may be reasonably required by their respective counsel or the title insurance companies insuring
the transaction, including but not limited to, assignments, affidavits, leases, documents, and
certificates

4, CLOSING. The closing shall occur on or before June 30, 2021, at a time and location
mutually agreed to by the parties.

5. INSPECTION AND DUE DILIGENCE PERIOD. The obligations of Buyer to consummate
the transaction contemplated by this Agreement are expressly conditioned on the satisfaction of each
of the following conditions and, if any such condition is not satisfied as hereafter provided, Buyer

will be entitled to either: (a) waive the same in writing; or (b) terminate this Agreement. On such
termination the Buyer and Seller will be released from further performance hereunder.

A. Title Examination/Survey.

1. If Buyer desires an examination of title or survey of the Premises, it
shall pay the cost thereof.
2. The Buyer shall report to the Seller the results of any such survey or

examination of title within thirty (30) days of the acceptance of this Agreement by the Seller and in
such report (the “Title Report”) identify any survey issues, defects in title, encumbrances or other
matters which would render title unmarketable (collectively the “Objections”) and (ii) any mortgages,
liens or other financial encumbrances (“Financial Encumbrances”). In the Title Report, the Buyer
shall also identify those matters of title to which the Buyer has no objection (the “Permitted
Encumbrances”). If the Buyer does not provide a Title Report within the time period set forth above,
this contingency shall be deemed waived by the Buyer.

3. The Seller, at its election, may attempt to remove or correct the
Objections in or within thirty (30) days of receipt of the Title Report. With respect to the Financial
Encumbrances, they shall be paid in full from the funds due Seller at the closing.

4, During the pendency of this Agreement, the Seller shall not (i) enter
into any tenancy agreement, lease, occupancy agreement or other agreement concerning the
possession or use of the Premises with any third parties; (ii) grant any easements, establish any
covenants, nor suffer, permit or grant any encumbrances (including mortgages, liens or attachments);
or (iii) grant, transfer, assign, convey, pledge, mortgage or otherwise hypothecate any interest in the
Premises, or suffer the same to occur. In the event that an involuntary attachment is placed against
the Premises, then the Seller shall have up to thirty (30) days to cause a release or discharge of such
attachment to be duly issued or ordered and recorded.

5. In the event the Seller is unable or unwilling to remove the Objections
within the thirty (30) day period specified in subparagraph (c) above, then, at the Buyer’s election, (i)
this Agreement shall terminate and neither party having any further obligations to or rights against
the other under this Agreement; or (ii) the Buyer may elect to complete the Closing and accept such
title to the Premises as the Seller may convey, with a reasonable diminution in the Purchase Price. In
the event that an encumbrance or a matter akin to an Objection against the Premises after the effective
date of the Title Report and before the Closing, then the Seller shall undertake to remove such
encumbrance or matter prior to the Closing to enable the SELLER to convey the Premises as
contemplated in Section 3 above.

6. Notwithstanding the aforestated, The Option, the PSNH easement, and
the Radio Tower Lease are and shall be deemed Permitted Exceptions.

B. Due Diligence. Buyer shall have forty-five (45) days from the execution of
this Agreement (the “Due Diligence Period”) to undertake at its sole cost and expense, at its sole
option, any of the following: (i) an Environmental Phase I Report; (ii) an Environmental Phase II
Report (if deemed prudent as a result of the Environmental Phase J); (iii) cost estimates to address
any environmental issues; (iv) test pits and borings; (v) wetlands studies; (vi) Zoning/Planning review
with the City of Nashua; and (vii) investigation into any other issues relevant to Buyer’s decision to
the purchase of the Premises.

If Buyer shall discover or determine prior to the expiration of the Due Diligence Period
that it is not satisfied in any way with the status of the Premises or the results of any of its due
diligence or inspections, Buyer shall have right to terminate this Agreement and have any Deposit
refunded forthwith, and all the parties shall thereafter be released from any further obligations
hereunder.

6. POSSESSION OF THE PREMISES AND RISK OF LOSS. The Premises shall be
delivered to the Buyer at the time of the closing free of Nashua Millyard Associates personal
property, and encumbrances. The risk of loss or damage to the Premises, by fire or other casualty,
or condemnation, prior to the Closing Date is assumed by Seller. If all or a portion of the Premises
should be destroyed or damaged by fire, other casualty, or taken by eminent domain, Buyer may, at
its option, terminate this Agreement by written notice delivered to the Seller at or prior to the closing,
and both parties shall be discharged from all further obligations or Buyer may accept assignment of
insurance or condemnation proceeds and proceed with purchasing the Premises.

7. FINANCING. This Agreement is not contingent upon the Buyer obtaining financing.

8. REPRESENTATIONS AND WARRANTIES OF SELLER. Seller represents and
warrants to Buyer that the following are true as of the date of this Agreement and will be true as
of the Closing:

(a) The Premises are not the subject of any existing cease and desist orders,
enforcement actions, or any federal, state of local code enforcement violations.

(b) — Except as set forth in Section 3 above, there are no unrecorded outstanding pending
or threatened liens, claims, rights of first refusal, licenses, or encumbrances against
or affecting the Premises, which have not been disclosed to Buyer in this
Agreement.

(c) There are no outstanding claims, losses or demands against Seller by any person,
entity, or governmental unit respecting Seller’s ownership, use, or occupancy of the
Premises, which have not been disclosed to Buyer in this Agreement, including
without limitation Mechanic’s Liens.

(d) Seller has no knowledge of any boundary disputes or encroachments affecting the
Premises.

(e) There is only one lease, the Radio Tower Lease, on a portion of the Premises with
Absolute Broadcasting Inc.

(f) Seller has no knowledge of any pending or threatened litigation that may adversely
affect the transfer of the Premises hereunder or materially affect the value of the
Premises.

(g) Neither the whole nor any portion of the Premises has been condemned,
requisitioned, or otherwise taken by any public authority and no notice of any such

condemnation, requisition or taking has been received by the Seller and no such
condemnation, requisition or taking is threatened.

(h) Seller has not knowingly released into the environment or discharged, placed or
disposed of any hazardous materials, substances, or waste or knowingly caused the
same to be released into the environment or discharged, placed or disposed of at,
on, or under the Premises. Notwithstanding the foregoing, the Seller cannot
represent to Buyer that there are no hazardous waste issues as a result of the current
activities of other unit owners. To the best of Seller’s knowledge, the Premises
complies in all material respects with all applicable federal and state environmental
laws and regulations. Seller has not received any written notice from any
governmental authority or any written complaint from any third party with respect
to its alleged non-compliance with, or potential liability under, any environmental
laws and regulations.

(i) Except as set forth in Section 3 above, there are no rights of first refusal or options
to purchase associated with the Premises.

Gj) Seller has authority to enter into this Agreement and will provide necessary
authority documents at the Closing.

These representations shall survive the Closing.

Other than the representations contained above and the proposed Quitclaim Deed, Seller
makes no representation or warranty as to fitness, merchantability, condition or use of the Premises
for any particular purpose as the Premises is sold “AS-IS”.

9. DEFAULT AND REMEDIES, In the event that Buyer defaults in the performance of its
obligations hereunder, Seller shall be entitled to retain any Deposit as reasonable liquidated
damages.

10. ACCESS TO THE PREMISES. The Seller hereby grants to the Buyer, its agents and
independent contractors, access to the Premises to undertake such activities as may be necessary
for the Buyer to exercise its rights this Agreement. The Buyer shall restore any portion of the
Premises disturbed by the Buyer in connection with such activities. Buyer, its agents and
independent contractors, shall use their best efforts to minimize the disturbances and impact on
Seller during such activities and shall indemnify and hold harmless Seller from any damages
resulting from such activities.

11. BROKERAGE. Seller and Buyer represent and warrant to each other that neither has dealt
with any real estate broker, agent or salesperson in connection with this transaction. Each party
agrees to defend, indemnify, and hold the other harmless from any claims, costs, judgments, or
liabilities of any kind advanced by persons claiming real estate brokerage fees through the
indemnified party. The indemnities set forth in this Section shall survive closing.