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Board of Aldermen Page 3
April 12, 2016

COMMUNICATIONS

MOTION BY ALDERMAN MORIARTY THAT ALL COMMUNICATIONS BE READ BY TITLE ONLY
MOTION CARRIED

From: Larry D. Goodhue, Chief Executive Officer, Pennichuck Corporation
Re: Annual Meeting of Sole Shareholder

MOTION BY ALDERMAN MORIARTY TO ACCEPT, PLACE ON FILE AND REFER TO THE PENNICHUCK
WATER SPECIAL COMMITTEE
MOTION CARRIED

From: Mayor Jim Donchess
Re: Contract Award for Amherst Street Improvements — Charron Avenue to Diesel Road

MOTION BY ALDERMAN COOKSON TO ACCEPT, PLACE ON FILE AND AWARD THE CONTRACT TO
CONTINENTAL PAVING, INC., IN THE AMOUNT OF $1,537,096
MOTION CARRIED

From: Mayor Jim Donchess
Re: 2016 Sewer Program

MOTION BY ALDERMAN SIEGEL TO ACCEPT, PLACE ON FILE AND AWARD THE CONTRACT TO
PARK CONSTRUCTION CORPORATION IN THE AMOUNT OF $1,108,975
MOTION CARRIED

From: Mayor Jim Donchess
Re: Headworks Upgrade

MOTION BY ALDERMAN CARON TO ACCEPT, PLACE ON FILE AND AWARD THE CONTRACT
TO T. BUCK CONSTRUCTION IN THE AMOUNT OF $2,848,222
MOTION CARRIED

PERIOD FOR PUBLIC COMMENT RELATIVE TO ITEMS EXPECTED TO BE ACTED
UPON THIS EVENING

Mr. Fred Teeboom, 24 Cheyenne Drive

| want to talk about R-16-015, the expendable trust funds for retirements mentioned by the Mayor during his
remarks. The first thing | want to say is since the Mayor brought this up in the Telegraph on two different
occasions saying that the question whether mandated expenses were subject to cap, I’d like to say the
following. There were two New Hampshire Supreme Court decisions; there are two state laws in existence
today. There is a National Charter and there are local ordinances. The city attorney back in the early days
when the spending cap passed wrote a legal opinion on this point and 23 years of history has pretty much
established that mandated costs are subject to the spending cap. The other thing that | wanted to mention
because | keep hearing this at Budget meetings is contrary to claims made by those who do not understand
the spending cap or the city budgeting practices, the spending cap does not contain constraint in any manner
accepting and spending grants and gifts if these grants and gifts are dedicated to special revenue funds or
expendable trust funds. This Board routinely accepts grants and gifts throughout the year and places them in
special revenue funds and expendable trust funds without evoking the spending cap and you have to take a
two-thirds vote to supplement the budget. To the point of R-16-015, you are asked to make two decisions with
a single vote requiring 10 affirmative votes to vote $2.23 million for a supplemental budget and $2.23 million to
override the spending cap. This year in the FY 16 budget, $21.3 million is the budgeted on pension payment.
Pension payments are for retirements, benefits and severance payments. This is a staggeringly large amount;

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April 12, 2016

it’s the third largest expense in the city budget at the salaries and benefits. In addition, there are already two
city expendable trust funds, one for the school and one for the city that have within those accounts a combined
amount of $700,000. Those two funds are set up through R-00-68; it is similar to what you have in R-16-016.
Earlier this year $150,000 was transferred to the city’s expendable trust fund through R-16-006 and in addition
to all of that there is $800,000 budgeted for the retirement and severance in the school department. CFO
Griffin presented a very fine briefing to the Budget Review Committee on R-16-015 but he did not mention the
end of year surpluses in any of his charts. | examined personally the financial reports and the CAFR for ten
years and found consistently end of year surpluses in the pension 52150 accounts. Last year the surplus net
account amounted to $1 million. The year before that the surplus account in that account amounted to
$870,000. | looked over the ten year period and there’s typical end of year surpluses in the account that
wanes near $1 million surplus. Alderman Siegel, who was a brand new Alderman, recognized this point and in
a Budget Review Committee meeting in July of 2014, he proposed cutting $400,000 from the budget fund,
52150, surpluses. That vote was adopted unanimously, to cut the pension fund. The question was asked with
all of these surpluses in the pension fund, why are those funds escrowed at the end of the year an expendable
trust fund of which already exists. Why do you need another pension trust fund on top of the ones that we
already have? There’s no emergency fund that we require, nobody is demanding that this be paid now, there’s
plenty of money available. | suggest that the real reason for this particular override vote is to come up with an
additional $3.3 million for next years’ budget because any supplemental budget you vote becomes a baseline
for next years’ budget. Take a look at the budget book on pages 10 and 11; it gives you a detailed analysis.
To emphasize this point Mayor Donchess members of the school board on 23 March was asked this question.
You gave us 2% and everybody else got a 1% increase in next years’ budget, how are you going to pull that
off? Somebody asked are you expecting this $2.23 million to pass and he said “| hope so.” Then the Board
member asked him well what if it doesn’t and he said I'll come back to you. That’s the real purpose, not
because you need the pension money. You have plenty of money; you have $1 million in surplus. The
question in the end is do we really need to override the spending cap for the pension requirements? The
answer is no. What the Board should really do is examine closely why end of year surpluses in the pension
fund 52150 are not escrowed. | think you can probably expect about $1 million this year. Thank you.

Attorney Andrew Prolman, Prunier & Prolman, P.A.

| represent the Clocktower Place Apartments and | am here tonight to answer any questions that the Board
members may have about the proposed refinancing deal that we have with our lenders and with the city. |
would add one thing to the Mayor's initial comments. That is if this refinancing effort is successful, which we
expect it will be, we will be able to preserve the 55 low income housing units that are now at Clocktower Place
well into the next generation of tenants and that is a very important piece of the puzzle to my client, Ed Bryce;
he builds apartments and believes in housing for all and that’s as much of a driving force as anything with this
effort. If the Board has any questions | am here for the night.

Mr. Robert Sherman, 7C Taggart Drive

| am president of the teacher’s union and | am also an elected member of the Pelham Budget Committee. | am
here to urge you to pass the Mayor’s pension plan for the following reasons. First, there would be no need for
this legislation if the New Hampshire State Legislature had not reneged on its commitment to fund a share of
the pension plan which was at 25% and was originally had been 35%. | understand the dilemma that you face
and particularly what our town’s face. Secondly, the inflation rate on which the spending cap is based is
probably at its lowest level and as you can see, inflation has begun to inch upward. Therefore, now is the time
without raising taxes to approve the Mayor’s plan which may get this community through the next two or three
years under the spending cap. The teacher’s contract is coming to an end in August and the Board of
Education needs additional funding to maintain the services and educational quality of the system. | believe
that the community's reputation is partially based on the quality of its school system which is based on the
teachers who are teaching the students in the classrooms. Those teachers are well educated in their subjects
because they have been educated at our nation’s best universities. They have been attracted to this
community because this community rewards its educators in their pay and benefits. Nashua, when it twice
became the number one place to live in the United States paid its teachers’ salaries that were the best in the

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April 12, 2016

state or in the top five in the communities. Looking at the 162 public school districts today, there are 52 better
or average teacher paying districts in Nashua’s $58,468.00. Some of our surrounding towns pay better on the
average; Amherst, Brookline, Hollis and Londonderry. Manchester is at $59,384.00; Portsmouth is at
$69,714.00 and Concord is at $70,225.00. Now consider the starting pay in Nashua with a BA and no
experience is $39,284.00 and with no step freezes it would take a new teacher 15 years to reach the maximum
pay now which is $67,676.00. Then realize the tuition at UNH is $17,624.00 and out of state is $31,424.00 per
year and that the average student loan debt in 2014 was $33,000.00. Add to this the cost of living in Nashua
and will this community have problems in the future in attracting good teachers into this community. It’s your
vote tonight and it could and will affect the quality of education that will be offered to the children of Nashua
now and in the future. Hopefully you will support the Principal's contract also.

Mr. John McCallister, 47A Williams Street

| am the president of the Nashua Firefighters Association, Local 789. | am here tonight to speak and ask you
guys to support legislation R-16-015 for the expendable trust fund for pension costs. This legislation is taking
money previously set aside for pension costs and allowing it to be used for that purpose. This is a reasonable
request and | would ask that it be approved. To limit the use of the budgeted money under the spending cap is
wrong. The state has down-shifted these pension costs to the city and towns across New Hampshire and it’s
not the city’s fault nor is it our employees fault. | ask you as a Ward 7 resident and also an employee of this
city to approve this fair legislation and use our tax dollars for the purpose that it is intended for. | also am
asking you tonight to consider our contract between the Nashua Firefighters Association and the City’s first
reading tonight. Please take that into consideration, it was negotiated in faith by our members as well as the
city and | think it’s a very reasonable deal. Thank you for your time tonight.

Ms. Paula Johnson, 15 Westborn Drive

| am not going to say much about R-16-015, | am going to concur with what Mr. Teeboom has said but I’m just
getting a choke hold here. I’m listening to the unions whining about this pension. This is taxpayers dollars too
that’s going into this and | haven’t seen where my taxes have gone down in the last 8 years but maybe they will
come down this because | endorsed you, Mayor. | think we are at a turning point in this city that we need to
have some tax relief. | get it what’s happening with the pensions but the pensions are not a thing in the private
sector anymore, very few people have that grade of pension. Nobody has $93,000 pensions other than usually
union workers and that come from the city. | am listening to this whining and | can’t deal with it, it’s my taxes
and | think there has to be a compromise here but the compromise is not to override that spending cap that we
the people of the city worked hard to get it into effect. A teacher's union member changed it and now they are
whining about it. | want to talk about R-16-001 and that’s the downtown parking money. I’ve said for many
years that money should be returned to the citizens. It should have been used several years ago to help with
the paving of our streets. $170,439.20 can be used to decorate the downtown, | don’t have a problem with
maybe $10,000 or $20,000 but $170,000; that should remain in the general fund and be used to help reduce
our taxes. Oh he’s not here, the Alderman that has a nice pension. | ran into him at Market Basket and | had
congratulated him on his election and | said to him that | hoped he would be considerate of us taxpayers
because a lot of our seniors are on fixed incomes and that usually means that you don’t have another source
of income. He said to me that he was on a fixed income too and me being who | am and | can’t keep my
mouth shut, | turned to him and said, yes, on my tax dollars. Then when | realized how much he is actually
getting, that just blew me over. The average person does not make over $93,000 that a lot of the employees
of this city do. The average person who is on a fixed income, a pension, they are lucky if they get $22,000 in
social security, maybe $30,000 or $40,000 so | hope you will remember us taxpayers who have to pay this.
Thank you.

Mr. Gary Hoffman, 18 Harbor Avenue
| am here to speak in favor of R-16-015. I'd first like to get a little clarity on the pension issue. The average

pension in New Hampshire, which is from the New Hampshire Retirement Service for teachers is $22,961; for
the police department it’s $35,000; and for the fire department its $37,000. 95% of pensioners in New

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April 12, 2016

Hampshire get less than $50,000 per year. If you want to support pension reform for some of these ones that
are over $100,000 I'll stand right with you but let’s not play with the facts. Some of the previous speakers
talked about this legislation would protect against down shifting from the state. At one time the state paid 35%
of employer pension cost and then it went to 25% and now we are down to 0%. Ina city this smart they set
aside some money to prepare for this day and | think it was prudent and now it’s time that we pass this
legislation so that the city itself is not adversely affected by decisions that the state made. If we don’t do this,
what’s going to happen? Well, you can look at the numbers, we have a 1.3% spending cap; inflation is not
likely to be much higher in the next couple of years. We have the Trans Pacific partnerships down the road,
NAFTA, the days of 4% or 5% inflation are not coming up any time soon. It’s probably going to remain
between 1% and 2%. Right now | am a teacher in the City of Nashua and right now the Board of Education is
having a tough time meeting the Mayor’s current 2% budget increase and that is with no raises next year, no
step increases, nothing, not for the teaching staff and not for the secretaries. They are already talking about
layoffs and I’m sure the fire department is in the same boat. Do we want to lay-off more city workers and
reduce the city services even more? | don’t think many people in the city do. | know some of the people that
might be affected by these lay-offs and some are seated in this room. When you are thinking about this
pension trust fund, think about the services and the consequences if we don’t do this the next three years. |
implore all of you to please support this legislation. Thank you.

Mr. Bernie Cote, 22 Greenlay Street
| wanted to talk about Charron Avenue. I’m against it. | think Mayor Donchess said that Pep Boys and the

other one was going to give land and have two right lanes to turn right and put a left lane to go into the other
stores, am | correct?

President McCarthy

Mr. Cote, this is the public comment period and not question and answer and we actually don’t have anything
on the agenda to do with that property. | would encourage you to talk to Alderman Dowd and the Mayor when
the meeting adjourns at the end of the evening.

PETITIONS — None

NOMINATIONS, APPOINTMENTS AND ELECTIONS

Joint Convention with Woodlawn Cemetery Board of Trustees

MOTION BY ALDERMAN MCGUINNESS THAT THE BOARD OF ALDERMEN MEET IN JOINT
CONVENTION WITH THE WOODLAWN CEMETERY BOARD OF TRUSTEES FOR THE PURPOSE OF
REAPPOINTING A TRUSTEE

MOTION CARRIED

President McCarthy called for nominations.

Trustee Niles Jensen nominated Barbara Whitmore for a five-year term to expire March 31, 2021

MOTION BY ALDERMAN LEBRUN TO CLOSE THE NOMINATIONS
MOTION CARRIED

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April 12, 2016

A Viva Voce Roll Call vote was taken on the appointment of Barbara Whitmore to the Woodlawn Cemetery
Board of Trustees for a term to expire March 31, 2021, which resulted as follows:

Yea: Alderman Wilshire, Alderman Clemons, Alderman Deane, 18
Alderman Cookson, Alderman Dowd, Alderman Caron,
Alderman Siegel, Alderman Schoneman, Alderwoman Melizzi-Golja,
Alderman McGuinness, Alderman LeBrun, Alderman Moriarty,
Alderman Lopez, Alderman McCarthy, Trustee Daniel Buslovich,
Trustee Dana Farwell, Trustee Niles Jensen, Jr., Mayor Donchess
Nay: 0
MOTION CARRIED
Trustee Barbara Whitmore abstained.

President McCarthy declared Barbara Whitmore duly appointed to the Woodlawn Cemetery Board of Trustees
for a term to expire March 31, 2021.

Oath of Office administered by Corporation Counsel Steven A. Bolton

MOTION BY ALDERMAN SCHONEMAN THAT THE CONVENTION NOW ARISE
MOTION CARRIED

Appointment by the Mayor
The following Appointment by the Mayor was read into the record:
Conservation Commission
William S. Parker (New Appointment) Term to Expire: December 31, 2018
1 Rockland Street
Nashua, NH 03064
MOTION BY ALDERMAN CLEMONS TO ACCEPT THE APPOINTMENT BY THE MAYOR AS READ AND
REFER IT TO THE PERSONNEL/ADMINISTRATIVE AFFAIRS COMMITTEE
MOTION CARRIED
REPORTS OF COMMITTEE
Budget Review Committee 0.0.0.0... cceeeeeeeeeeeeeeeeetsseteeetseseeeeeeeeeeeeeeee 03/21/16

There being no objection, President McCarthy declared the report of the March 21, 2016
Budget Review Committee accepted and placed on file.

Budget Review Committee ............ ccc cccccccecececeeeeeeeeeeeeeeeeeeeeeeees 03/28/16

There being no objection, President McCarthy declared the report of the March 28, 2016
Budget Review Committee accepted and placed on file.

Finance COMMittee........ 0... ccecccecccecccececucecececececeterevereeeceeecevereeererenenens 04/6/16

There being no objection, President McCarthy declared the report of the April 6, 2016
Finance Committee accepted and placed on file.

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April 12, 2016

Committee on Infrastructure ....00. 0c cccccecceecceeeceeceeeeseceseeereeeraeereneraees 03/23/16

There being no objection, President McCarthy declared the report of the March 23, 2016
Committee on Infrastructure accepted and placed on file.

Pennichuck Water Special Committee. ..................cccccccceeeceeeeeeeeeeeees 03/29/16

There being no objection, President McCarthy declared the report of the March 29, 2016
Pennichuck Water Special Committee accepted and placed on file.

Personnel/Administrative Affairs Committee... cecceecseeeeeeeeees 04/04/16

There being no objection, President McCarthy declared the report of the April 4, 2016
Personnel/Administrative Affairs Committee accepted and placed on file.

Planning & Economic Development Committee ...................ee 04/05/16

There being no objection, President McCarthy declared the report of the April 5, 2016
Planning & Economic Development Committee accepted and placed on file.

WRITTEN REPORTS FROM LIAISONS — None
CONFIRMATION OF MAYOR'S APPOINTMENTS
Arts Commission

MOTION BY ALDERMAN LOPEZ TO CONFIRM BY VOICE VOTE THE APPOINTMENT OF THE
FOLLOWING INDIVIDUALS TO THE ARTS COMMISSION FOR TERMS TO EXPIRE APRIL 1, 2017;
ALISON BANKOWSKI, 35 MANCHESTER STREET, NASHUA, AND JUDITH CARLSON, 15
MANCHESTER STREET, NASHUA

MOTION CARRIED

President McCarthy declared Alison Bankowski and Judith Carlson duly appointed to the Arts Commission for
terms to expire April 1, 2017

Oath of Office administered by Corporation Counsel Steven A. Bolton.

Planning Board

MOTION BY ALDERMAN CLEMONS TO CONFIRM BY VOICE VOTE THE APPOINTMENT OF MICHAEL
PEDERSEN, 11 DELAWARE ROAD, NASHUA, TO THE PLANNING BOARD FOR A TERM TO EXPIRE
JANUARY 5, 2020
MOTION CARRIED

President McCarthy declared Michael Pedersen duly appointed to the Planning Board for a term to expire
January 5, 2020.

Oath of Office administered by Corporation Counsel Steven A. Bolton.

Board of Aldermen Page 9
April 12, 2016

UNFINISHED BUSINESS - RESOLUTIONS

R-16-001
Endorsers: Alderman Benjamin M. Clemons
Alderman-at-Large Brian S. McCarthy
ESTABLISHING AN EXPENDABLE TRUST FUND FOR APPROPRIATIONS FOR DOWNTOWN
IMPROVEMENTS AND TRANSFERRING UP TO $170,439.20 INTO THE EXPENDABLE TRUST FUND
Given its second reading;

MOTION BY ALDERMAN CLEMONS FOR FINAL PASSAGE OF R-16-001
MOTION CARRIED

Resolution R-16-001 declared duly adopted.

R-16-012
Endorser: Alderman-at-Large Daniel T. Moriarty
AUTHORIZING PENNICHUCK CORPORATION, PENNICHUCK WATER WORKS, INC., PENNICHUCK
EAST UTILITY, INC., AND PITTSFIELD AQUEDUCT COMPANY, INC. TO BORROW FUNDS FROM
THE NEW HAMPSHIRE DRINKING WATER STATE REVOLVING LOAN FUND

Given its second reading;

MOTION BY ALDERMAN MORIARTY FOR FINAL PASSAGE OF R-16-012
MOTION CARRIED

Resolution R-16-012 declared duly adopted.

R-16-013
Endorser: Alderman-at-Large Daniel T. Moriarty
AUTHORIZING PENNICHUCK CORPORATION AND PENNICHUCK EAST UTILITY, INC. TO ENTER
INTO A LONG TERM LOAN WITH COBANK

Given its second reading;

MOTION BY ALDERMAN MORIARTY FOR FINAL PASSAGE OF R-16-013
MOTION CARRIED

Resolution R-16-013 declared duly adopted.

R-16-014
Endorsers: Alderman-at-Large Brian S. McCarthy
Alderman Richard A. Dowd
Alderwoman Mary Ann Melizzi-Golja
Alderman June M. Caron
Alderman-at-Large Michael B. O’Brien, Sr.
CHANGING THE PURPOSE OF UP TO $600,000 OF UNEXPENDED BOND PROCEEDS FROM THE
BROAD STREET ELEMENTARY SCHOOL BUILDING PROJECT, $159,815 OF UNEXPENDED BOND
PROCEEDS FROM THE SCHOOL ROOF REPLACEMENTS PROJECT AND $228,956.44 OF
UNEXPENDED SCHOOL CAPITAL RESERVE FUND APPROPRIATIONS FROM THE ~~ HIGH
SCHOOLS’ GYM FLOORS PROJECT TO THE SUNSET HEIGHTS ELEMENTARY SCHOOL HVAC
IMPROVEMENTS AND BUILDING RENOVATIONS PROJECT
Given its second reading;

MOTION BY ALDERMAN DOWD FOR FINAL PASSAGE OF R-16-014 BY ROLL CALL

Board of Aldermen Page 10
April 12, 2016

ON THE QUESTION
Alderman Dowd

As we were going through the school projects, we realized we would have some amount of savings from some
other projects listed here. When we were looking at the bonding, we realized that we would utilize these funds
and not increase the amount of bond. We had passed this in concept back quite a while ago. We had to wait
until we knew the exact funds in these accounts. We now know that and now want to transfer these funds so
we may complete Sunset Heights Elementary School HVAC project.

Alderman Deane

Clarification on the $228,956.44. Is that coming directly out of the school capital reserve fund, and if so, what’s
the sum total left in that account?

President McCarthy

It's not coming out of that account. It’s coming out of the capital account that the gym floor money was
transferred into by an earlier resolution. | couldn’t tell you off the top of my head exactly what's left in the
reserve fund.

A Viva Voce Roll Call was taken, which resulted as follows:

Yea: Alderman Wilshire, Alderman Clemons, Alderman Dowd, 11
Alderman Caron, Alderman Siegel, Alderman Schoneman,
Alderwoman Melizzi-Golja, Alderman McGuinness, Alderman LeBrun,
Alderman Lopez, Alderman McCarthy

Nay: Alderman Deane, Alderman Cookson, Alderman Moriarty 3
MOTION CARRIED
Resolution R-16-014 declared duly adopted.

R-16-015
Endorsers: Mayor Jim Donchess
Alderman Ken Siegel
Alderman-at-Large Brian S. McCarthy
Alderman-at-Large Lori Wilshire
Alderman Richard A. Dowd
Alderman June M. Caron
Alderman-at-Large Michael B. O’Brien, Sr.
ESTABLISHING AN EXPENDABLE TRUST FUND FOR STATE EMPLOYER PENSION COSTS
AND APPROPRIATING $2,230,000 FROM FUND BALANCE ASSIGNED FOR THIS PURPOSE
INTO THE EXPENDABLE TRUST FUND
Given its second reading;

Alderman Siegel

Typically | would make a motion for a final passage and move forward but this is a piece of legislation that
requires ten votes and we are missing an Alderman here. | believe that we could go through this entire debate
and come to a point where we vote on this at which point whatever the outcome is and we go through the
exercise of tabling and | would prefer not to waste the Boards the time unless it’s the pleasure of the Board.
So we go through the debate at a point where are all present. Of course, | can’t make that decision myself but

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April 12, 2016

my motion here would have been for final passage but | don’t want to make that motion. On the other hand, if |
were to motion to table that effectively stifles all debate and | think that’s bad form at this early stage. |
welcome other Alderman’s comments on this but it would be my intention to make a motion to table this but |
am not doing it right now because | don’t want to stifle the ability to discuss whether or not that’s something
that is the will of the Board.

Alderman Wilshire

| would support that motion. | agree that it is a very important decision we are making with the pensions and |
think having all 15 members here would be beneficial.

Alderman Deane

| would thank Alderman Siegel for not moving to table. | guess we can look at this in a number of different
ways. It is a spending cap override. | asked Attorney Clarke and | got that answer. So we are going to seta
precedent now that if an Alderman is missing then we are not going to vote on something. That’s what we are
being asked to do tonight. Regardless of whatever the subject matter is, that’s the precedence that is being
set. | would hope that in the future when we turn around and somebody is not here that we continue to do that;
that we show everyone the same generosity that we are showing Alderman O’Brien. This does require ten
votes and that doesn’t matter either; that’s the precedent that is being set. | don’t agree with it but it’s however
the majority of the Board wants to rule.

Alderman Siegel

| actually agree with Alderman Deane’s sentiment, however the problem is that we’ve gone through what we
would call the “Soucy” maneuver in memorializing our former colleague, and | don’t want to see that kind of
stuff going on. To be honest with you, | hear what you are saying and | don’t necessarily disagree with it and |
agree that if this is what we are going to do that we would probably want to have everyone have the same
courtesy, however | will point out that there are different pieces of legislation with different requirements.
Nonetheless, | hear what you are saying and | don’t disagree with it in principle.

Alderman Clemons

| understand where Alderman Deane is coming from, however | don’t think that it necessarily sets a precedent
and my advice would be that if you don’t think that we should table this then if somebody makes that motion,
vote no.

Alderman Deane

It's abundantly clear to me that you don’t have the ten votes to pass this and that’s why we are going to move
to table it, there’s no other reason. Let’s be upfront about it. It does set a precedence if we are using that but
the majority rules; | don’t question anybody’s reasoning behind how they vote but from what | am hearing it
sounds like we don’t have a member here and we want everyone to vote to be fair which is fine but we should
be fair to everyone. If someone else isn’t here for something else or it requires eight votes or ten votes or a
simple majority of members present, it no longer falls into play. | just don’t think it’s a good thing to be doing.

President McCarthy

If | might offer a pragmatic interpretation of Alderman Siegel’s original comments, if there are not ten votes to
pass it but there are not eight votes to indefinitely postpone it, if it receives nine votes in a motion for final
passage it is likely that it will get tabled anyway because there are enough votes to do that. | think Alderman
Siegel was simply saying better we not debate it this week and debate it two weeks from now since it will
ultimately be tabled anyway because of the fact that it has a particular number of votes, it changes it.

Board of Aldermen Page 12
April 12, 2016

Alderman Schoneman

| see the points on both sides. | think that regarding not having somebody here in general, we do operate
under a system that establishes a quorum and when there are enough people to form a quorum then votes can
be had. | also think that as important as this legislation is, and | agree that it would be tabled either way, | think
that if there is not the ten votes | think it’s better to just have that vote and determine that result because then
at least we are more clear moving forward publicly exactly where the Board stands. There is an awful lot that
rides on this legislation. It’s not just a transfer of pension funds for the purpose of pension fund funding to the
state, it's something that will inflate the FY ’17 baseline and it’s something that the school board and other
departments are already planning on spending. | think there needs to be clarity as to where the Board stands.

Alderman Moriarty

| would like to echo the comments made by Alderman Schoneman. If we take a vote and find out that there
are not ten votes then at least the Mayor can get to work. | travel a lot and we have a system in place for our
people to call when they are travelling. | routinely schedule my time away to make sure that | am available.
MOTION BY ALDERMAN MORIARTY FOR FINAL PASSAGE

ON THE QUESTION

President McCarthy

| would comment that Alderman O’Brien is an engagement where he is performing a wedding as we speak and
| don’t think the guests would have liked him Skyping into a Board of Aldermen meeting in the middle of the
proceedings. He informed me that he was unable to change that schedule.

Alderman Siegel

I’m a little bit concerned. | gave the Board the courtesy of not making the motion to table out of the chute so
now | suppose that Alderman Moriarty has just motioned for final passage and forcing us to go through this
entire discussion, is that correct?

President McCarthy

Yes, but | would point out that a motion to table is still in order with the motion for final passage before us.

Alderman Siegel

| never made a motion to table. | don’t Know what the parliamentary procedure is here. Alderman Moriarty
certainly has the right to do that. Here we are going to go through the machinations that were described at
which point there wouldn't be... probably the votes for indefinite postponement so I’m trying to be efficient in our
use of time. If it’s the will of the Board to not do that so be it.

President McCarthy

| appreciate that. In theory | should have demanded that a motion be put forward before we had any
discussion. | was trying to allow us some latitude since it is a smaller group than many.

MOTION BY ALDERMAN CLEMONS TO TABLE
Alderman Deane

Can | have a roll call please?