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CITY OF NASHUA, NEW HAMPSHIRE

OFFICE OF THE MAYOR

September 28, 2021

To the Honorable Board of Alderman,

I have this day re-appointed: James E. Pyle
to the office of Energy and Environment Committee
for a term to expire October 31, 2024.

and respectfully request that the re-appointment be confirmed.

Confirmed:

Attest:

City Clerk

CITY OF NASHUA, NEW HAMPSHIRE

OFFICE OF THE MAYOR

September 28, 2021

To the Honorable Board of Alderman,

I have this day re-appointed: Stacey Vignault
to the office of Mine Falls Park Advisory Committee
for a term to expire January 31, 2024.

and respectfully request that the re-appointment be confirmed.

Confirmed:

Attest:

City Clerk

AMENDED AT CTE ON INFRASTRUCTURE 8-11-2021

O-21-068

ORDINANCE

MOVING THE LOCATION OF A NO PARKING ZONE ON THE WEST SIDE OF
CONCORD STREET AT ITS INTERSECTION WITH MOUNT PLEASANT STREET

CITY OF NASHUA

In the Year Two Thousand and Twenty-One

The City of Nashua ordains that Part Il “General Legislation”, Chapter 320 “Vehicles
and Traffic”, Article XII “Parking, Stopping and Standing”, Section 320-69 “No parking on
certain streets” of the Nashua Revised Ordinances, as amended, be hereby further amended by

deleting the struek-throughtlanguage-and-adding the new underlined language as follows:

Ҥ 320-69. No parking on certain streets.

No parking whatsoever shall be permitted on the following streets, except as provided by
law:

Name of Street Side Location

Concord Street West From Mount Pleasant Street south for a
distance of 45 feet”

All ordinances or parts of ordinances inconsistent herewith are hereby repealed.

This ordinance shall become effective at the time of removal and/or installation of the necessary
sign(s) and/or device(s).

R-21-163

RESOLUTION

ESTABLISHING THE USE OF FUND BALANCE FOR TAX RATE

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 NRO §5-
135. B, $4,000,000 of the unassigned general fund balance shall be applied to the Calendar Year

2021 (Fiscal Year 2022) Tax Rate. With approval of this action, unassigned fund balance
remains at or above the five percent (5%) minimum as recommended by Department of Revenue

Administration and the ten percent (10%} minimum as established by NRO $5-136, A.

LEGISLATIVE YEAR 2021

RESOLUTION: R-21-163
PURPOSE: Establishing the use of fund balance for tax rate

SPONSOR(S): Mayor Jim Donchess

COMMITTEE

ASSIGNMENT: Budget Review Committee

FISCAL NOTE: This resolution would apply $4,000,000 of unassigned general
fund balance to the FY22 tax rate. This amount is from fund
balance consisting of anticipated surplus in the FY21 operating
budget.

ANALYSIS

This resolution applies $4,000,000 of the unassigned general fund balance to the Calendar Year
2021 (Fiscal Year 2022) Tax Rate. With approval of this action, unassigned fund balance
remains at or above the five percent (5%) minimum as recommended by Department of Revenue
Administration and the ten percent (10%) as established by NRO $5-136, C.

Per NRO §5-135, B, in order to use unassigned general fund balance to reduce the tax rate, this
resolution must be approved on or before the board's second meeting in September (September
28, 2021) “by 10 members of the Board of Aldermen.”

Approved as to account Financial Services Division
Structure, numbers, and
amount: By: /s/ David G. Fredette

Approved as to form: Office of Corporation Counsel

By: Vopr Qe, Chobe
Date: >) Maat IDO

woe es = x

R-21-164

RESOLUTION

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

CITY OF NASHUA

In the Year Two Thousand and Twenty-One

RESOLVED by the Board of Aldermen of the City of Nashua that $25,000 be transferred
from Department 194 “Contingency”, Account 70100 “General Contingency” into Department
106 “Administrative Services”, Accounting Classification 51 “Salaries & Wages” and $5,000 be
transferred from Department 194 “Contingency”, Account 70100 “General Contingency” into
Department 183 “Economic Development”, Accounting Classification 51 “Salaries & Wages”
for the purpose of funding salaries.

LEGISLATIVE YEAR 2021

RESOLUTION: R-21-164
PURPOSE: Relative to the transfer of $30,600 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
SPONSOR(S): Mayor Jim Donchess
COMMITTEE
ASSIGNMENT: Budget Review Committee
FISCAL NOTE: Reduces amount available in general contingency by $30,000

that could be used for escrow or surplus in FY¥Y22. The current
balance in the general contingency account is $250,000.

ANALYSIS

This resolution authorizes the transfer of $25,000 from General Contingency into Administrative
Services and $5,000 from General Contingency into Economic Development tor the purpose of
providing funding for salaries.

Charter Sec. 53 permits the Board of Aldennen to transfer any unencumbered appropriation
balance or any portion from one department. fund or agency to another.

NRO 5-130, H provides that “when proposed legislation to transfer or re-appropriate a particular
appropriation or purpose thereof has had its first reading. such funds shall not be expended or
transferred while the legislation 1s pending”.

Approved as to account Financial Services Division
structure, numbers and :

nate By. /s/ David G. Fredette
Approved as to form: Office of Corporation Counsel

By: Ver. CoN
ae: 4 huh IDI

R-21-165

RESOLUTION

AUTHORIZING THE CITY OF NASHUA TO ENTER INTO COMMUNICATIONS
TOWER LEASE AGREEMENT

CITY OF NASHUA

In the Year Two Thousand and Twenty-one

RESOLVED by the Board of Aldermen of the City of Nashua that the City is authorized
to enter into a Communications Tower Lease Agreement with Cellco Partnership, d/b/a Verizon
Wireless in substantially the same form as the attached.

FURTHER RESOLVED 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 Lease or required to effectuate the same, including but not limited to
grants or other funding sources for the Lease and exercising the right to renew the Lease.

LEGISLATIVE YEAR 2021

RESOLUTION: R-21-165
PURPOSE: Authorizing the City of Nashua to enter into Communications

Tower Lease Agreement

ENDORSERS: Mayor Jim Donchess
COMMITTEE

ARSICNMENT: Finance Committee
ASSIGNMENT: Board of Public Works

FISCAL NOTE: The City will be paid forty-three thousand two hundred ($43,200)
per year in rent increasing by 2% each year

ANALYSIS

This resolution authorizes the City to enter into a lease with Cellco Partnership, d/b/a Verizon
Wireless substantially similar to the attached document.

Approved as to form: Office of Corporation Counsel

By:

Date:, Se a FZ 7O

SITE NAME: Nashua 8 NH
SITE NUMBER: 450292
ATTY/DATE: McLane/August 4, 2021

COMMUNICATIONS TOWER LEASE AGREEMENT

This Agreement, effective as of the later of the dates on which it is signed below (the “Effective
Date’’), is made by and between the City of Nashua, New Hampshire, a body corporate and politic, located
in Hillsborough County, and whose mailing address is PO Box 2019, 229 Main Street, Nashua, New
Hampshire, 03061, hereinafter designated LESSOR, and Cellco Partnership, d/b/a Verizon Wireless, a
Delaware general partnership with its principal office located at One Verizon Way, Mail Stop 4A W100,
Basking Ridge, New Jersey 07920 (telephone number 866-862-4404), hereinafter designated LESSEE.
The LESSOR and LESSEE are at times collectively referred to hereinafter as the “Parties” or individually
as a “Party”. The Parties make this Agreement with reference to the following facts, which are an integral

part of this Agreement:

A. LESSOR is the owner of the historic Holman Stadium baseball stadium and public park
complex on a certain parcel of property (the entirety of LESSOR’s property is referred to hereinafter as the
“Property”), located at 67 Amherst Street, Nashua, Hillsborough County, New Hampshire. The Property is
shown on the Tax Maps of the City of Nashua as Parcel ID 0063-00052. LESSOR owns and operates
multiple light poles supporting light fixtures to provide nighttime lighting of the baseball field and stadium.

B. LESSEE is a wireless telecommunications carrier that desires to expand and strengthen its
coverage and service in the vicinity of the Property.

C, LESSOR has in the past contracted with one or more other wireless providers to replace
one or more light poles at the Property with poles able to support both light fixtures and wireless
communications equipment.

D. LESSOR and LESSEE have agreed that it would further their respective interests if
LESSOR were to permit LESSEE to (i) replace an existing light pole/stanchion with a 130° monopole style
communications tower (the “Tower’) to be owned by LESSOR; (ii) relocate the existing stadium light
fixture to the new Tower; and (iii) lease space on and adjacent to the Tower for LESSEE’s wireless
communications facility; all in accordance with the terms and conditions set forth in this Agreement.

NOW, THEREFORE, in consideration of the foregoing and other good and valuable consideration,
the Parties, intending to be legally bound hereby, agree as follows:

A. Construction Phase

The Parties intend for this Agreement to cover both the short term period of LESSEE’s construction
of the Tower as well as the long term period during which LESSEE will lease a portion of the Tower, and
related rights required for LESSEE’s wireless communications facility. For ease of reference and the
convenience of the Parties, the Agreement is divided into two parts: the Construction Phase and the
Operational Phase. The Construction Phase shall begin as soon as practicable after the Effective Date of
this Agreement and the Operational Phase will begin on the Commencement Date (as defined in Section 3.a.
of the Operational Phase portion of this Agreement). During the Construction Phase, the Parties undertake

as follows: