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period in the ensuing calendar year. The bidding year shall be co-extensive with the
calendar year.

1. Throughout the year, for personnel coming off a shift and/or having a group
number change, the process of initiating them into the upcoming shift period will
require that they be phased in upon returning from their days off. Therefore,
some officers will not actually change shifts/group numbers until after the date
noted on the personnel order.

2. After all bid selections have been made, employees may be reassigned so as to
insure that each shift has a sufficient amount of coverage (distribution of patrol
personnel based on current workload demands) and to assure that the number of
sectors on each shift is proportionate to the workload occurring on each shift.

3. Such reassignments shall be made on the basis of inverse Department seniority;
i.e., the least senior employee shall be the first employee to be reassigned. The
particular shift to which an experienced employee is assigned shall be
determined by Department Management; however, consideration may be given
to employee preference. There will be a minimum of six (6) experienced
employees per shift.

For purposes of this Article, the words “experienced employees" mean employees who have
completed two full years within the Department.

4. Employees transferring into the Uniform Field Operations Bureau shall be
assigned at the discretion of the Chief for the balance of the current quarterly
period during the shift-bidding year. They will be afforded the opportunity to bid
for the balance of the shift-bidding year, based upon their Department seniority.
Such requests shall be submitted a minimum of two weeks prior to the next
schedule of assignments effective date. However, such reassignment shall be
subject to the requirements of the Department and approved by the Chief.

5. As openings occur on any shift, employees may apply, in writing and submitted a
minimum of two weeks prior to the next schedule of assignments effective date,
for such openings based upon their Department seniority. However, such
reassignment shall be subject to the requirements of the Department, approved
by the Chief, and shall be effected no later than the quarterly shift date.

C. Employees may be temporarily assigned to any shift in order to meet Department
requirements. Such temporary assignments normally shall not exceed a period of six (6)
months. Effective January 2, 2004, this period shall change to 3-months to coincide with
the quarterly shifts.

D. As a result of shift bidding, it may be necessary for the Department to assign new day-off
group numbers for each quarterly period.

E. Employees transferred out of the Uniform Field Operations Bureau shall no longer
participate in the shift- bidding program.

F. Probationary employees shall be assigned at the discretion of the Chief during the
training and probationary period and for the balance of the current quarterly period during
the shift bidding year. They will be afforded the opportunity to bid for the balance of the
shift-bidding year based upon their Department seniority. Such requests shall be
submitted a minimum of two weeks prior to the next schedule of assignments effective
date. However, such reassignment shall be subject to the requirements of the
Department and approved by the Chief.

32

G. It is further understood that nothing herein shail serve, or be construed as limiting the
discretion and authority of the Chief of Police to assign or reassign any employee
according to the needs of the Department.

It is understood by all parties that the Shift Bidding System shall not otherwise constitute a waiver
of management's right to determine and assign shifts according to the needs of the Department
and the judgment of management.

ARTICLE 36
MILITARY LEAVE OF ABSENCE

An employee who voluntarily or involuntarily enters into the Armed Forces is entitled to a leave of

absence for the anticipated lenath of enlistment. The employee upon discharae is entitled to

reinstatement to his or her previous position or _a position of like status. Employees called to
serve in the National Guard_or Armed Forces Reserve are entitled to seventeen {17} consecutive
davs of paid leave of absence per Federal fiscal vear (October 15‘ through September 30"! The

emplovee will be required to submit verification of leave orders as evidence of the amount of pay
received. A decision was made to treat all reservists eoualiv, and any reservist called into active

duty will be eligible for the followina benefits:

A. Compensation Guidelines: The City will pay the difference of whatever_military
compensation is paid to each reservist. provided it does not exceed 100% of one’s
monthly amoloyment compensation, during all succeeding months up to five years that
the employee may be on active dutv. This includes weekend trainina. annual training,
and active duty. Compensation will be made on a weekly basis.

B. Health & Dental Insurance Premiums: The Citv and the emplovee will continue to pav
their respective share of health and dental insurance premiums associated _with their
respective plans up to five vears. if employee chooses.

C._ Seniority Riahts: The emolovee will maintain seniority riahts up to_a maximum of five
vears,

D. NH Retirement Svstem:

1. Ifa member leaves NHRS- covered employment to enter directly into the United

States Armed Forces and returns 19 NHRS- coverad employment wilhin one year
following termination of active military dutv, a member mav receive credit for up to

three years at no cost,

2. The Gity and the emplovee will conlinue to pay their respective snare to Ihe
employee's retirement plan if necessarv.

E. Accrual o ion Leave: The emplovee will continue to accumulate all vacation and
sick time _on_a monthly basis as sel forth by the CBA.

F. Reporting Back to _Work/Discharges:_ Employees will be required to report back to

work in accordance with USERRA: Section 4312 fe). Anvone discharaed under _the
nrovisions of USERRA: Section 4304 will be disqualified from_receiving_all the above

stated benefits.

G.__Re-Emplovment Benefits: Employees will be entitled to re-employment benefits in
accordance with lhe provisions of USERRA: Section 4312 and 4313.

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ARTICLE 3637
TERM OF AGREEMENT

This Agreement shall remain in full force and effect from midnight, July 1, 2648.2022. until
midnight, June 30, 26222026.

Any party intending to alter or modify this Agreement or negotiate a successor agreement hereto,
shall give notice to the other party of such intention at least one hundred and twenty (120) days
prior to the expiration date hereof, after which the parties shall forthwith arrange to commence
collective bargaining negotiations.

Notwithstanding the foregoing, this Agreement shall remain in full force and effect until
superseded by a successor agreement.

This Agreement is dated

NASHUA POLICE COMMISSION NASHUA PATROLMEN’S ASSOCIATION

WITNESSES: WITNESSES:

34

R-22-025

RESOLUTION

AUTHORIZING THE MAYOR TO APPLY FOR AND EXPEND THE COMMUNITY
DEVELOPMENT BLOCK GRANT (“CDBG”) AND HOME INVESTMENT
PARTNERSHIP PROGRAM FUNDS FOR FISCAL YEAR 2023

CITY OF NASHUA

In the Year Two Thousand Twenty-Two
RESOLVED by the Board of Aldermen of the City of Nashua

That the Mayor be, and hereby is, authorized to file an application with the U.S.
Department of Housing and Urban Development (“HUD”) for the annual Community
Development Block Grant (*CDBG”) under the provisions of Title I of the Housing and
Community Development Act of 1974, as amended, and the HOME Investment Partnership
Program under the provisions of Title II of the Cranston-Gonzales National Affordable Housing
Act, and to execute all understandings, assurances and agreements as required therein;

That the following CDBG activities shall be carried out with an annual grant of
$664,000; estimated program income of $45,000; and reproyrammed funds in the amount of
$55,000, as described herein, for a total of $764,000. All activities are more fully described and
shall be consistent with the proposals contained in the communication from Deb Chisholm to the
Human Affairs Committee dated February 11, 2022:

Reprogrammed Funds:

FY22 PLUS Co - ADA compliant bathroom $10,000.00
FY2? Nashua Center - HVAC $45,000.00

Activities to be funded in FY23:

1. Public Services - $99.600
Support of public service programs principally benefiting low-moderate income
beneficiaries of Nashua. This pool of funds shall be applied to CDBG cligible activities
identified through the Citizens Advisory Commission for Community Grants process.
Public Services shall not exceed 15% of the entitlenrent award plus prior year program
income.

RESOLUTION R-22-025

2.

6.

ll.

Project Delivery - $125.000

Construction management related to physical CDBG projects and Housing Improvement
Program, including but not limited to the direct cost of the Urban Programs Department
staff for conducting environmental reviews, drafting scope of work, preparation of bid
documents, bidding, construction management and Davis Bacon compliance.

CDBG Grant Administration - $141.800

General administration and planning costs of carrying out the CDBG and other related
HUD projects by the Urban Programs Department, including but not limited to regulatory
compliance monitoring, IDIS management, preparation of required grant reports,
advertising, recording fees, etc. Amount shall not exceed 20% of the entitlement award
plus actual program income received during the program year.

Owner-Occupied Housing Improvement Program (“HIP’’) - $50.000

Financial and technical assistance to eligible low-moderate income, owner-occupants in
for essential repairs of 1-4 family residential properties. Financial assistance provided in
the form of 0% deferred payment loans and/or grants for certain emergency work, as
described in the Program’s Guidelines. Minor rehab work, including code and safety
corrections, repairs, accessibility, etc. Emergency work, costing at least $1,000 and up to
$5,000, may be offered in the form of a grant rather than a loan to owners at or below
30% AMI. Owners earning above 30% AMI may be offered assistance in the form of a
loan. Repayment of prior HIP loans during the fiscal year, in excess or annual estimated
program income, shall be distributed between this Program and the Rental Improvement
Program.

Rental Improvement Pregram - $125,000

Program offering 0% interest, deferred payment loans for essential repairs of residential
rental properties containing |-8 units, occupied by income eligible tenants. Financing
and other terms more fully described in the Program’s Guidelines. Properties located in
the City’s lowest income census tracts will receive priority.

Municipal Protect - Pine Street Pedestrian Crosswalk - $30,797
Create a mid-block pedestrian crossing to help tiie low to moderate income affordable
housing community cross Pine Street and safely enter Mine Falls Park.

PLUS Company - $15.623
Flooring replacement at 19 Chesinut Street.

Adult Learning Center - $75.000
Approximately half of the funding needed for roof replacement at 4 Lake Street.

Boys and Girls Club - $14,000
Replacement of a portion of blocked sewer pipe at One Positive Place.

. Nashua Children’s Home - $23.195

insulation at the 125-year old 86 Concord Street home, and sewer repair at 125 Amherst
Street facility.

Nashua Soup Kitchen and Shelter - $30.000
Flooring for the Soup Kitchen at 2 Quincy Street.

RESOLUTION R-22-025

12. Area Agencw/Gateways - $8.985
Replace fencing at 4 Beard Street group home.

13. Opportunity Networks - $25,000
Replace windows at 116 Perimeter Road facility.

14. Continvency $0
Reserve funds that may be applicd to any of the activities described herein for uniorescen

costs. Funds may be directed to other unforeseen cligible community needs, subject to
Board of Aldermen approval.

That all open and active CDBG activities from previous Action Plans be carried forward and

entered in the F¥23 Action Plan as applicable; and

ht

oF)

That the following HOME activities be carried out with an annual grant of $427,000:

HOME Grant Administration - $42,700

Administration of the HOME Program by the Urban Programs Department. including
determining ctigibility, technical assistance to participants, compliance with program
regulations, underwriting, preparation and review of construction specs, environmental
review, long-term monitoring and reporting to HUD.

Community Housing Development Organization (CHDO) Reserve - $64,050

Mandatory set aside, equal to 15% of the annual grant, for specific activities to be undertaken
by a private nonprofit, community-based organization that has staff with the capacity to
develop affordable housing for the community it serves. In order to quality for designation as
a CHDO, the organization must meet certain requirements pertaining to their legal status,
organizational structure, capacity and experience as it relates to the project they are
developing.

Homebuver Assistance Program - $55,006

Direct financral assistance toward down payment and ciosing costs for cligible low-income
homebuyers purchasing a home in Nasnua, including counseling, underwriting and other
direct costs,

Affordable Housing Development - $265.250

Acquisition, rehabilitation and /or conversion of residential and'or non-residential buildings
to create affordable rental and/or home-owner housing, occupied by HOME-cligible
households. Projects may be developed by non-profit, for-profit, public or private entities.

LEGISLATIVE YEAR 2022

RESOLUTION: R-22-025

PURPOSE: Authorizing the Mayor to apply for and expend the
Community Development Block Grant (“CDBG”) and Home
Investment Partnership Program Funds for Fiscal Year 2023

SPONSOR(S): Mayor Jim Donchess
Re Human Affairs Committee
FISCAL NOTE: Fiscal impact will be a total of $764,000 CDBG funds and a total

of $427,000 in HOME Investment Partnership funds to be used for
specific purposes.

ANALYSIS

This resolution authorizes the Mayor to apply for and expend the Fiscal Year 2023 annual
Community Development Block Grant and HOME Investment Partnership Funds.

Approved as to form: Office of Corporation Counsel

By: eek, Coal,
Date: 5 Cpt Poon

R-22-026

RESOLUTION

AUTHORIZING FIRST AMENDMENTS TO DEVELOPER AGREEMENTS FOR
BRONSTEIN REDEVELOPMENT

CITY OF NASHUA

In the Year Two Thousand and Twenty-Two

WHEREAS, the Board of Aldermen passed Resolution R-21-136 on May 25, 2021,
which authorized developer agreements for the Bronstein Redevelopment which included, inter
alia, provisions regarding payments in lieu of taxes (PILOTs) pursuant to RSA 203:23, XIV,
impact fee waivers, building fee waivers, wastewater service fees and street improvements;

WHEREAS, due to circumstances changing there is a need to increase the amount of
building fee waivers in the developer agreements from up to $100,000 to up to $250,000 to
achieve the intended result of no City building fees being paid for the redevelopment; and

WHEREAS, while NRO 105-27 allows for the full or partial waiver of building fees only
“to the extent of the value of municipal public improvements and/or land dedication which an
applicant obligates itself to make over and above impact fees and the applicant’s fair share of
off-site improvements imposed as a condition of site plan or subdivision approval,” given that
the redevelopment will add 50 new apartments, 40 of which will be affordable units, to the
housing stock of the City and add approximately 2500 square feet of community space, it is in
the public interest to waive all of the fees notwithstanding there is no land dedication or
developer-paid municipal public improvements.

NOW THEREFORE, BE IT RESOLVED by the Board of Aldermen of the City of
Nashua that the City is authorized to enter into first amendments to the development agreements,
with the Nashua Housing and Redevelopment Authority, Bronstein 4% Limited Partnership and
Bronstein 9% Limited Partnership regarding the waiver of building fees for the Bronstein
Redevelopment in substantially the same form as the attached.

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 first amendments to the
development agreements or required to effectuate the same.

RESOLUTION:

PURPOSE:

ENDORSERS:

COMMITTEE
ASSIGNMENT:

FISCAL NOTE:

LEGISLATIVE YEAR 2022

R-22-026

Authorizing First Amendments to Developer Agreements for
Bronstein Redevelopment

Mayor Jim Donchess
Alderman-at-Large Lori Wilshire

Budget Review Committee

The City will waive up to $250,000 in building permit fees.

ANALYSIS

While R-21-136 contemplated one developer agreement, due to programmatic requirements
under the tax code for the type of tax credit the development is utilizing, the tax credit investor’s
counsel required two separate partnerships and separate developer agreements with each
partnership. This resolution authorizes first amendments to the two developer agreements for the
Bronstein Redevelopment, which amendments increase the amount of the building permit fees

waivers.

Approved as to account

Financial Services Division

number and/or structure,

and amount:

Approved as to form:

By: /s/John Griffin

Office of Corporation C

By: or

Date: __ April 6. 2022

FIRST AMENDMENT TO DEVELOPMENT AGREEMENT

THIS FIRST AMENDMENT (“Amendment”) to the certain Development Agreement
dated September 10, 2021 (“Development Agreement”) is made as of this _ day of :
2022, by and between Nashua Housing and Redevelopment Authority, a New Hampshire
municipal housing authority under RSA Chapter 203 with its principal address of 40 East Pear!
Street, Nashua, New Hampshire 03060, (“NHRA”), Bronstein 4% Limited Partnership a New
Hampshire limited partnership with a mailing addresses 40 East Pearl Street, Nashua, New
Hampshire 03060 (“the “Developer”), and the City of Nashua, a New Hampshire municipal
corporation with a principal address of 229 Main Street, Nashua, New Hampshire 03060 (“City”)
(each a “party”, together the “parties’’).

Recitals

WHEREAS, the undersigned parties entered into the Development Agreement dated as of
September 10, 2021 for the development of 41 Central Street, Nashua, New Hampshire and
recorded in the Hillsborough County Registry of Deeds at Book 9600, Page 1396 on March 23,

2022;

WHEREAS, development has begun and circumstances have changed causing the parties
to wish to modify the terms of the said Development Agreement;

NOW, THEREFORE, in and for the mutual covenants set forth in the original
Development Agreement, as modified by this Amendment, and for other good and valuable
consideration paid and acknowledged, the parties hereby agree to modify the Development
Agreement as follows:

1, Modify Section 8 (a). In Section 8 Waiver on Impact Fees and Permit Fees

subsection (a). Delete the existing subsection and replace it with the following:

“a, Building Permit fees (including all trade permits, plumbing, mechanical,
electrical) for up to Fifty Five Thousand Seven Hundred Twenty Two Dollars

($55,722)”;

2. Other Terms And Conditions. Ali other terms and conditions shall remain in full
force and effect except as expressly modified by this Amendment.

3. Runs With the Land. The terms and conditions of this Agreement shall run with
the land and be binding on any party holding an interest in the Property, including, but not
limited to, any fee holder, tenant or the holder of a condominium interest.

4. Recording. A copy of this Agreement will be recorded in the Hillsborough
County Registry of Deeds.

Signature pages follow