Search

LEGISLATIVE YEAR 2021

RESOLUTION: R-21-157

PURPOSE: Authorizing the City of Nashua to enter into a Memorandum
of Understanding regarding the Bronstein Redevelopment

ENDORSERS: Mayor Jim Donchess
Alderman-at—Large Michael B. O'Brien, Sr.
Alderman Richard A. Dowd
Alderman Thomas Lopez
Alderwoman-at-—Large Shoshanna Kelly
Alderman Jan Schmidt
Alderman Linda Harriott—Gathright
Alderman Skip Cleaver
Alderman~at~Large Lori Wilshire

COMMITTEE
ASSIGNMENT: Committee on Infrastructure
FISCAL NOTE: Parking Fees as stated in agreement.

ANALYSIS

This resolution authorizes the City of Nashua to enter into a Memorandum of Understanding
regarding the Bronstein Redevelopment.

Approved as to form: Office of Corporation Counsel
By: /s/ Celia K. Leonard

Date: August 3, 2021

A special meeting of the Board of Aldermen was held Monday, August 23, 2021, at 7:01 p.m. in the
aldermanic chamber as well as via Zoom teleconference.

President Lori Wilshire presided; City Clerk Susan Lovering recorded.

Prayer was offered by Deputy City Clerk Allison Waite; Alderman June M. Caron 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 11 members of the Board of Aldermen present: Alderman Michael B. O’Brien,
Sr., Alderman Patricia Klee, Alderman Richard A. Dowd, Alderman June M. Caron, Alderman Benjamin
Clemons, Alderman David C. Tencza, Alderwoman Elizabeth Lu, Alderman Jan Schmidt, Alderman Skip
Cleaver (Zoom), Alderman Linda Harriott-Gathright, Alderman Lori Wilshire.

Alderwoman Shoshanna Kelly, Alderman Thomas Lopez, Alderman Ernest Jette, and Alderman Brandon
Michael Laws were recorded absent.

Mayor James W. Donchess, Corporation Counsel Steven A. Bolton were also in attendance.
President Wilshire turned the meeting over to Alderman Richard A. Dowd.
Chairman Dowd

This evening we have three public hearings on three pieces of legislation that will also be coming before the
Budget Committee later this evening.

PUBLIC HEARINGS
R-21-158
ESTABLISHING AN EXPENDABLE TRUST FUND FOR RECREATION FACILITIES FOR EAST SIDE
OF NASHUA, FUNDED BY APPROPRIATIONS, AND MAKING A SUPPLEMENTAL APPROPRIATION
OF $750,000 INTO THE EXPENDABLE TRUST FUND
Chairman Dowd

Is there anyone here that’s going to explain this?

Tim Cummings, Economic Development Director

Yes Mr. Chair. Tim Cummings. I’m participating via Zoom. If | may?
Chairman Dowd
Go ahead.

Tim Cummings, Economic Development Director

Special Board of Aldermen 08-23-2021 Page 2

Thank you Mr. Chair. Again, Tim Cummings, Director of Economic Development. The legislation before
you R-21-158 is a piece of legislation that had come about due to the most recent sale of what has been
traditionally known as the “Renaissance Project”. This is the Phase II which was about $1 million to the
city. Of that $1 million, we are seeking to put $750,000 into an account that will be used for recreational
purposes. We don’t have a project in hand as of right now. We are looking to set aside that money so it’s
clearly identifiable so both the residents in and around that area of the city and other (audio lost). Thank
you. I’m not sure if you heard my explanation. | was just about wrapping up. Should | start over?

Chairman Dowd
We heard most of it. Just the end part.

Tim Cummings, Economic Development Director

The $750,000 would be set aside for a recreational project that we don’t identified as of yet. This was an
original tenant or promise that we made as | understand it when we first endeavored to redevelop that land
which was a decision made | would say about 10 or 15 years ago and we're just trying to fulfill the original
obligation. That is the genesis behind that piece of legislation.

Chairman Dowd

Okay. Are there any questions from any of the aldermen on this legislation?

Alderman Tencza

Director Cummings can you tell us was this — or remind us — was this a requirement of the sale or is this
something that was just the city decided that it would do to supplement the fields that weren’t able to be
developed over at that project?

Tim Cummings, Economic Development Director

It became a requirement. | would not suggest it was in the original legislation for the master development
agreement. We've amended that document quite a few times. One of the last times we amended it, we
amended it so that our recreational field — something for like soccer or something like that wouldn’t
necessarily need to be placed on site but within the area so it could be used. So it’s just staying true to that
original amendment.

Alderwoman Lu
Thank you. This $1 million was from the sale of did you say the Sanders Street?

Tim Cummings, Economic Development Director

| did not say Sanders Street. What! said was Renaissance.
Alderwoman Lu

Oh, the last parcel. | just wondered because did the developer pay extra for that to include $770,000
toward the recreational facilities? | came on the Board after a lot of this had happened. But looking back
on it, | noted that that was at some point the intention. In the end, did they pay above market value for that
parcel or is that $1 million fair market value and we as the city is putting $750,000 toward the recreation
fields? Which of those two is it?

Special Board of Aldermen 08-23-2021 Page 3

Tim Cummings, Economic Development Director

I’m not sure | understand the question.

Alderwoman Lu

All right. I'll rephrase if | could.

Chairman Dowd

Yes go ahead.

Alderwoman Lu

Was my understanding that at some point in the intention of the master development agreement that the
Renaissance development group — | know it’s not called that — were agreed to contribute toward the

recreational facility. Have | got that right?

Tim Cummings, Economic Development Director

| believe they were supposed to provide one on site.
Alderwoman Lu
Did we waive that at any point or did that remain part of the agreement?

Tim Cummings, Economic Development Director

We gave them the ability to develop the land without having to provide that on site with the understanding
that the monies that came from the purchase would be used towards a recreational purpose.

Alderwoman Lu
Okay. So this is essentially wnat we had planned?

Tim Cummings, Economic Development Director

Yes. Correct.

Alderwoman Lu

Thank you.

Chairman Dowd

Any other questions?
TESTIMONY IN FAVOR- None

TESTIMONY IN OPPOSITION

Fred Teeboom

First of all, | sent the Budget Committee a letter that you should have on your desks or in an e-mail that points
out that there is now a spending cap in place. (no audio)

Special Board of Aldermen 08-23-2021 Page 4

Chairman Dowd

You're on mute.

Fred Teeboom

It would be nice to point this out during the questioning period. Second of all, it seems to me that the public
should comment before the Aldermen comment. Anyway, you got my memorandum on this and the spending
cap is in place so the ordinances that apply to the spending cap to the extent that they don’t violate or they
conform with State law requires you to meet NRO 5-145 E. Any supplemental appropriation needs to state in
the Resolution the amount that is under the cap or over the cap. | did not see any amount in this Resolution
stating the amount under the cap and over the cap. That’s got to be fixed before you can pass it onto the full
Board.

The second comment is there’s a $750,000 that should go to surplus. | don’t understand why there’s this need
to spend this money that hasn’t even gotten a purpose yet. This should be transferred to the fund balance and
be used to offset the taxes which are now 3 % percent larger this year. So this should NOT be appropriated.
This $750,000 should lapse into fund balance. Thank you.

Chairman Dowd

Anyone else who would like to give testimony in opposition? Seeing and hearing no one.

TESTIMONY IN FAVOR - None

TESTIMONY IN OPPOSITION - None

Chairman Dowd

| will close the public hearing on Resolution R-21-158. We'll be addressing this further in the budget
meeting.

Alderman O’Brien
A 7:15 p.m.

R-21-160

RELATIVE TO THE SUPPLEMENTAL APPROPRIATION OF $250,000 INTO EXPENDABLE TRUST
FUND ESTABLISHED FOR THE BUSINESS AND INDUSTRIAL DEVELOPMENT AUTHORITY

Chairman Dowd
Mr. Cummings.

Tim Cummings, Economic Development Director

Yes thank you Mr. Chair. Tim Cummings, Director of Economic Development. The legislation before you
essentially seeds an account that would be used by the Business Industrial Authority over the coming years
for future projects. (no audio)

Mr. Chair I’m getting reports everyone on line can hear me.

Chairman Dowd

Okay now we can hear you again.

Special Board of Aldermen 08-23-2021 Page 5

Tim Cummings, Economic Development Director

(no audio)...is a portion of the million dollars that came in from the sale that recently occurred. This is
something that | think would be very good for Nashua because it would allow us to work on additional
projects with our BIDA that we have in place.

Chairman Dowd
Again are there any questions from the Aldermen to Director Cummings?
Alderwoman Lu

Thank you. Director Cummings what projects do you have in place? | know that you’ve met twice this year
but | don’t know if you’re meeting. What projects are being developed? Is it possible to know that?

Tim Cummings, Economic Development Director

(no audio) is their priority to develop future projects.
Chairman Dowd

Does that answer your question?

Alderwoman Lu

| think so. Yes thank you.

Chairman Dowd

Any other aldermen? There is no one in the chamber for public comment so I'll open up to the people on
Zoom.

TESTIMONY IN FAVOR - None

TESTIMONY IN OPPOSITION

Fred Teeboom

I’m in opposition for the same purpose and the same reason before. Again, this is a supplemental
appropriation. This has to meet the requirements of NRO 5-145 because you’re doing a supplemental
appropriation and you’re subject to the ordinances related to REPORTING of (no audio) none of which is
stated in this Resolution.

Second of all, the $250,000 which has no purpose yet just like the $750,000. The spending craze just
continues on this Board of Aldermen if you pass this. This should go to fund balance and part of it should
be used to offset taxes which is going to be over 3 % percent this year. You're putting this into projects that
have even no project. This is insane. It’s ridiculous. It’s unacceptable. Thank you.

Chairman Dowd

Thank you Mr. Teeboom.

TESTIMONY IN FAVOR — None.

Special Board of Aldermen 08-23-2021 Page 6

TESTIMONY IN OPPOSITION - None

Chairman Dowd

I'll close the public hearing on Resolution R-21-160.
Alderman O’Brien

Hearing closed at 7:20 p.m.

R-21-162
RELATIVE TO THE RE-APPROPRIATION OF FISCAL YEAR FY2022 ESCROWS

Chairman Dowd
Mr. Griffin

John Griffin, CFO

Thank you Mr. Chairman and members of the Committee. John Griffin, CFO. This particular piece of
legislation historically was not a supplemental appropriation but our legal team, finance team felt it worthy
of one re-appropriates prior year escrows for a different purpose a supplemental appropriation is warranted.
As you can see from the legislation, the Mayor proposed approximately $5.3 million of unexpended
appropriations into various items. As the Mayor indicated during the budget process, there really wasn’t
enough room to properly fund CERF — our Capital Equipment Reserve Fund. Fortunate that due to maybe
a light winter or a few other things coming into our hands, we can put $3 million in CERF coupled with the
million dollar balance we’re projecting, we should be able to end Fiscal 2023 fund the very important pieces
of equipment and other things that are funded by CERF.

The remaining funds as we’ll see during the Budget Committee for other one-time purposes to include
sharing of matches with American Rescue Plan projects as well as other expendable trust fund deposits
that we know to include the Police Department, overtime, etc. Those funds are broken down into the
operating budgets where the appropriations were not spent and what's referred to as “other or multiple
departments” where unlike escrows we’re able to fund these projects.

The Mayor also requested that | send to you the like for like escrows that the Mayor is able to appropriate.
We appropriated about $5.2 million of like for likes. Mainly about half of it is to fund capital projects that are
ongoing — very important to the city and the other due to the pandemic there was programming, projects,
and other initiatives that were not able to be executed during the last year and half. So those have been
appropriated and the sum total of the appropriations is about $4.95 million. We'll definitely get into it during
the budget review but the first thing the Mayor does is he asks me what is our expected revenues that
exceed budget. That number is about $5.8 to $6 million. So we will be able to buy down the tax rate as we
normally do every year the first meeting in September. There could be other appropriations not spent as
we Clear up all the books and make the final journal entries but I’m in complete support of this proposal
having vetted all the projects with the team of directors and other contributors along with the Mayor. So
thank you.

Chairman Dowd

Thank you Mr. Griffin. Any questions from the Aldermen although we'll be getting this in more detail on the
budget meeting. Do you have a general question relative to the ordinance?

Alderwoman Lu

Thank you. | just wanted to — if you could just go over for me once more. Did you say there’s $5.8 million

Special Board of Aldermen 08-23-2021 Page 7
revenue expected above the budgeted revenue for 2021?

John Griffin, CFO

John Griffin, CFO. That’s correct Alderwoman Lu. Predominantly our strategy has been to be very
conservative in our estimate of motor vehicle revenues and once again we were able to have a healthy
surplus over budgeted revenue which is called out in our most recent Standard and Poors rating which
we're very proud of. So that’s a large part of it and then there’s other revenues that contribute up to the
$5.8 million. Thank you.

Alderwoman Lu

Could | just ask a follow up?

Chairman Dowd

Follow up.

Alderwoman Lu

And |’m just trying to understand this process better. So with the escrows, those are appropriations that
came in below our projections — expenses that came in below, right?

John Griffin, CFO

That’s correct. So we look at the anticipated appropriations not spent in every department. We determine
whether they’re worthy on a like for like basis to move forward. Some don’t move forward and others do.
Then the difference to fund all these other projects that were not included in the original Fiscal 2021
budget, we were able to fund these with a re-appropriation approval of the Board of Aldermen. The direct
answer is these are appropriations that have not been spent. So they were budgeted amounts — haven’t
been spent.

Alderwoman Lu

Okay. Thank you.

Chairman Dowd

All set?

Alderwoman Lu

Yes | am thank you.

Chairman Dowd

All right thank you. Any other questions? All right.

TESTIMONY IN FAVOR - None

TESTIMONY IN OPPOSITION

Fred Teeboom

| have a question. Is this surplus money?

Special Board of Aldermen 08-23-2021 Page 8

John Griffin, CFO

John Griffin, CFO. To the extent the appropriations have not been spent, they would be considered surplus
if they’re not redirected to fund other important activities in the city. Thank you.

Chairman Dowd

Does that answer your question Mr. Teeboom?

Fred Teeboom

| didn’t hear the answer. Could you repeat? A simple yes or no. Is this surplus money?

John Griffin, CFO

This is surplus appropriations.
Fred Teeboom

Exactly. Exactly. This money should go directly to fund balance and part of it used to a rainy day money
when you really need it, and part of it to offset the taxes because they’re going to be over 3 % percent this
year. Now the capital spending is totally out of control with this thing. In the back of this Resolution, I’m
holding it up, you have it on your desks, and you should have it at home, is a table that’s almost illegible.
The font is .2 font. I’m not going to spend my 3 minutes trying to analyze this list. Just to give you an idea
of the stupidity in this spending. To fund a disc golf, | have no idea what that is, for $30,000; to fund the
cost of the School Department legal matter which is the school plenty of money to take care of their legal
problems - $200,000; to fund the cost for cell phone stipends for employees - $7,000; to fund the 2022 Your
Voice, Your Choice — | have no idea what it is - $50,000; and the Elm Street Middle School which | thought
with plenty of bonding over $100 million if | remember right through the school — yet here’s another $75,000
to do more studies. This is a complete waste. This and the other million dollars adds to $6.2 million should
all be placed in the fund balance. | sent you an e-mail on this question. If this is appropriated...

Alderman O’Brien

Thirty seconds.

Fred Teeboom

... serious, serious problems. As far as this 3 minutes, | don’t think it’s legal to contain public comments to 3
minute limit - the clerk and that’s another problem. The big problem is it is between these two resolutions
subject to this public hearing and that’s why there’s a public hearing for the public to say we don’t want you
to start misspending this kind of money. We talked about $6.2 million.

Alderman O’Brien

Time Mr. Teeboom.

Fred Teeboom

Apply this not defined, not allocated, and stupidity like (no audio)

TESTIMONY IN FAVOR - None

TESTIMONY IN OPPOSITION

Special Board of Aldermen 08-23-2021 Page 9
Laurie Ortolano

Laurie Ortolano — 41 Berkeley Street. Thank you. | just want to piggyback off of what Fred Teeboom has
said and there’s not many public people out here. It’s been something that has (no audio)... |’m just
pointing out that Fred Teeboom made a comment about this money that surplus that seems to be divvied
up and distributed among a lot of pretty high cost projects. | don’t understand in this city why money isn’t
returned back to the taxpayers or put into a rainy day fund and looked at differently on distribution. You
know we end up with — we have a tax increase. | think we understand what’s coming next year with the re-
evaluation and redistribution between commercial and residential properties. | don’t understand it. | know |
came from a small town that was only 7 — 8,000 but there was so much attention put into returning money
to the taxpayer and in the city it seems about we always have a new project we get to look at to go spend it.
| don’t understand it. | wish there were more people out here to talk to it frankly but there aren’t. | think you
as a group should be doing a better job about looking at how you distribute this money versus what you put
back and give back to the taxpayers. Thank you.

Chairman Dowd

Is there anyone else that wants to speak in opposition? Seeing and hearing no one. We'll close the public
hearing on R-21-162 at 7:35 p.m.

ADJOURNMENT

MOTION BY ALDERWOMAN O’BRIEN THAT THE AUGUST 23, 2021, SPECIAL MEETING OF THE
SPECIAL BOARD OF ALDERMEN BE ADJOURNED, BY ROLL CALL

A viva voce roll call was taken to adjourn the Board of Aldermen meeting which resulted as follows:
Yea: Alderman O’Brien, Alderman Klee, Alderman Dowd, Alderman Caron,
Alderman Clemons, Alderman Tencza, Alderwoman Lu, Alderman Schmidt,
Alderman Cleaver, Alderman Harriott-Gathright, Alderman Wilshire
11
Nay: 0
MOTION CARRIED

The meeting was declared adjourned at 7:36 p.m.

Attest: Michael B. O’Brien, Acting Clerk