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Q-19-037
Endorser: Alderman Ernest Jette
RAISING THE AGE TO PURCHASE, USE, AND POSSESS TOBACCO PRODUCTS AND
E-CIGARETTES FROM EIGHTEEN (18) TO TWENTY-ONE (21)

O-19-038
Endorsers: Alderwoman Mary Ann Melizzi-Golja
Alderman June M. Caron
AMENDING THE SIGN ORDINANCES RELATIVE TO ADDRESS NUMBERS OF GROUND SIGNS
PERIOD FOR GENERAL PUBLIC COMMENT
REMARKS BY THE MEMBERS OF THE BOARD OF ALDERMEN

Committee announcements:

ADJOURNMENT

V2 PENNIGHUCK” 25 MANCHESTER STREET
PO BOX 1947
MERRIMACK, NH 03054-1947

(603) 882-5191
FAX (603) 913-2305

WWW.PENNICHUCK.COM

VIA HAND DELIVERY

January 30, 2019

EGEIWVE

Mr. Steven A. Bolton | JAN 3.0 2019
Corporation Counsel

City of Nashua By Le °g ee i
229 Main Street oO

Nashua, NH 03060

Re: — Request for Approval of Loan from the New Hampshire Drinking Water
and Groundwater Trust Fund to Pennichuck Water Works, Inc.

Dear Attorney Bolton:

Introduction. As you know, the City of Nashua, New Hampshire (the “City”) is the sole
corporate shareholder of Pennichuck Corporation (“Pennichuck”). The City has been the sole
shareholder since the acquisition of Pennichuck on January 25, 2012.

The purpose of this letter is to request that the City, acting in its capacity as sole shareholder,
approve several resolutions authorizing Pennichuck’s regulated public water utility subsidiary,
Pennichuck Water Works, Inc. (“PWW”), to borrow funds from the New Hampshire Drinking
Water and Groundwater Trust Fund (the “Trust Fund”).

Background. As part of the City’s acquisition of Pennichuck, in accordance with speciai
legislation enacted by the State Legislature, and as unanimously approved by the Mayor and
Board of Aldermen on January 11, 2011, the corporate structure of Pennichuck and its utility
subsidiaries was retained. This corporate structure was retained for several reasons. First, the
Mayor and Board of Aldermen desired to maintain stability and continuity for customers and
employees of the Pennichuck utilities and the communities they serve. Second, retaining the
corporate structure provided continuity for the existing relationships with regulatory agencies
and financial/banking partners. Third, the Mayor and Board of Aldermen unanimously agreed
that the corporate structure would encourage business-smart decisions and rely upon well-
established governance principles of corporate law, pursuant to Pennichuck’s Articles of
Incorporation and its by-laws.

Mr. Steven A. Bolton
Corporation Counsel
January 30, 2019
Page Two

Shareholder Approval of Borrowings Required. Under Article IX of Pennichuck’s Articles of
Incorporation, the City, acting in its capacity as Pennichuck’s sole shareholder, must approve:

“(3) any action to (A) create, incur or assume any indebtedness for borrowed
money or guarantee any such indebtedness of any person, (B) issue or sell
any debt securities or warrants or other rights to acquire any debt securities
of the [Pennichuck] Corporation or any of its Subsidiaries, or (C) guarantee
any debt securities of any person.”

Proposed Borrowings. Pennichuck requests the City’s approval for a loan from the Trust Fund
to PWW. The specifics of this loan are described below:

° under the proposal, PWW would enter into a new long-term loan from the Trust Fund
in the principal amount of $5,500,000 to fund the Merrimack River Raw Water Intake

project.

The Lender. The funds for this loan will be provided by the New Hampshire Drinking Water and
Groundwater Trust Fund. The Trust Fund is administered by the New Hampshire Department of
Environmental Services (“NHDES”). The Trust Fund provides public and private water systems
the opportunity to borrow funds on favorable terms at interest rates that are below commercial loan
rates. Pennichuck has received confirmation from the NHDES that funding is available for this
project.

Terms of the Borrowings. The loan will have favorable terms, which will be reflected in a
written Loan Agreement and Promissory Note issued by PWW, as required by the Trust Fund.
Amounts advanced pursuant to the loan during the construction period will accrue interest at a
rate of 1% per annum, and the total accrued interest will be due upon substantial completion of
the project. The terms of the Trust Fund loan will require repayment of the loan principai pius
interest over a period not to exceed 40 years, commencing six months after the project is
substantially complete. The current interest rate on the Trust Fund borrowing is 3.38% per
annum, though the final rate is not locked in until the loan commences its repayment period. The
loan will be unsecured. The corporate parent, Pennichuck, will provide an unsecured corporate
guaranty of the repayment of the loan in accordance with the terms of a Guaranty Agreement.

Approval by Pennichuck and PWW. The loan to finance the project and the guaranty of the
loan have been approved by the respective Boards of Directors of Pennichuck and PWW.

Pennichuck recommends that the City authorize (i) PWW to enter into the loan under the Trust
Fund, and (ii) Pennichuck to enter into the Guaranty Agreement for the loan.

Mr. Steven A. Bolton
Corporation Counsel
January 30, 2019
Page Three

Other Approvals. As a regulated public utility, PWW must obtain approval of the loan from the
New Hampshire Public Utilities Commission (“NHPUC”), which will approve the loan if it finds
the loan to be consistent with the public good. PWW will file a petition for approval with the
NHPUC in the last week of January or first week of February, 2019, and expects the NHPUC to
consider the petition promptly. Under the Trust Fund, the loan must also be approved by the
Governor and Executive Council.

Lower Costs Are Good for Customers. Pennichuck and its Board of Directors have
determined that the capital project to be financed by. the Trust Fund loan will allow PWW to
continue to provide safe, adequate and reliable water service to its customers on a cost-effective
basis. The terms of the financing through the Trust Fund are very favorable compared to other
alternatives and will result in lower financing costs than would be available under other debt
options. These lower financing costs will be passed on to customers.

Requested Approvals. For the reasons described above, Pennichuck respectfully requests that
the City, acting in its capacity as sole shareholder of Pennichuck and pursuant to Article [X(3) of
Pennichuck’s Articles of Incorporation, authorize the following actions:

RESOLVED, that the City hereby approves the borrowing by Pennichuck Water
Works, Inc. of up to $5,500,000 from the State of New Hampshire pursuant to the New
Hampshire Drinking Water and Groundwater Trust Fund to fund the Merrimack River
Raw Water Intake project;

FURTHER RESOLVED, that the City hereby approves the guaranty by Pennichuck
Corporation of the payment by Pennichuck Water Works, Inc. of the loan authorized in
the prior resolution; and

FURTHER RESOLVED, that the City hereby authorizes Pennichuck Corporation and
Pennichuck Water Works, Inc., their Boards of Directors, and their Officers, to take any
and all actions required to obtain all necessary approvals with respect to the actions
described in these resolutions and to execute and deliver such documents as are
necessary to effect the Trust Fund loan and the guaranty described in these resolutions.

Respectfully submitted,

PENNICHUCK CORPORATION

By: S Lh

Larry D. Goodhue
Chief Executive Officer

cc. Mayor James Donchess

Jim Donchess
Mayor e City of Nashua

To: Board of Aldermen
From: Mayor Jim Donchess

Date: 2/7/19

Pursuant to NRO 5-127.1D Capital Equipment reserve Fund, which states: “During that fiscal year, the

Although the cost this particular purchase i is under the CERF threshold, and. the item is: not part of the
CERF schedule, CERE purchases: for FY2019 are under budget bya proximately $350, ogo a

lam requesting the concurrence and approval of the full Board of Ald@rmen: for the purchase
replacement of the Payroll De ja Formax| EL 2002 Auto e | Pressure Sealer using
available CERF funds ee wees :

Cc ass
Sue Lovering, Legislative Affairs M
Larry Budreau, Human Resources: Directo :

Peter Donovan, Payrall Manager “
David Fredette, Treasurer/Tax Collector = .-~

229 Main Street + PO Box 2019 + Nashua, New Hampshire 03061-2019
603.589.3260 * fax 603.594.3450 * NashuaMayor@NashuaNH.gov
www. NashuaNH.gov

Ana

PETITION
FOR
STREET ACCEPTANCE

TO THE HONORABLE BOARD OF ALDERMEN OF THE CITY OF NASHUA:

Pursuant to the Nashua Revised Ordinances, Chapter 285, Article Ill, Sections 21-22, the
undersigned requests that the following described portion of:

PINE & CENTRAL STREETS

Said Pine Street is 40.00 feet wide and Central Street is 70.00 feet wide. A portion of the south side of Central
Street and the east side of Pine Street to be added to the Right of Way of the City of Nashua. As depicted on
olan entitled “City of Nashua Plan for Parcel 83-80 40 Pine Street“ Prepared for the City of Nashua, By the
Land Surveyor for the City of Nashua, Dated May 31, 2018 and recorded at Hillsborough County Registry of
Deeds plan #

To be accepted for public use and maintenance:

POINT OF BEGINNING AT A DRILL HOLE SET ON THE SOUTHEASTERLY SIDE OF CENTRAL STREET,
SAID POINT THE PROPERTY CORNER OF LOT 83-79 AND NOW OR FORMERLY HINCH CROWLEY
REALTY, THENCE

S17°22'47’E A DISTANCE OF 2.0 FEET TO A DRILL HOLE SET, AT THE NORTHEASTERN POINT OF
THE LOT 83-80 AND NOW OR FORMERLY CITY OF NASHUA AND LOT 83-79 AND NOW OR FORMERLY
HINCH CROWLEY REALTY, THENCE

$71°07'13’W A DISTANCE OF 27.69 FEET TO A DRILL HOLE SET, AT THE ANGLE POINT OF LOT 83-80
NOW OR FORMERLY CITY OF NASHUA, THENCE

$43°51'17”W A DISTANCE OF 22.07 FEET TO AN IRON PIN SET, AT THE ANGLE POINT OF LOT 83-80
NOW OR FORMERLY CITY OF NASHUA, THENCE

S71°54’57’°W A DISTANCE OF 3.66 FEET TO AN IRON PIN SET AT PINE STREET, AT THE PROPERTY
CORNER OF LOT 83-80 NOW OR FORMERLY THE CITY OF NASHUA, THENCE

N18°05'03”W A DISTANCE OF 12.06 FEET TO A DRILL HOLE SET AT THE INTERSECTION OF PINE
STREET AND CENTRAL STREET, THENCE

N71°07'13’E A DISTANCE OF 50.85 FEET TO AN IRON PIN AT THE POINT OF BEGINNING.

THE AREA OF THE PARCEL TO BE ADDED TO THE RIGHT OF WAY IS 237 S.F.

PETITION/STREET ACCEPTANCE:

The street acceptance is being petitioned by: )

i [as fie Meecacst! 9)

PETITIONER >

| certify that | have received a Mylar showing the limits of the street to be accepted and that said
street = been constructed in accordance with the approved plan.

E ent. 13, 2018 bh doh ev
DATE CITY ENGINEER
Petition introduced at Board of Aldermen Meeting JUNE 26, 2018
DATE
Public Hearing conducted by the Committee on Infrastructure:
JULY 25, 2018 7:00 P.M. ALDERMANIC CHAMBER
DATE TIME PLACE

Notice of this hearing was sent out to all abutters of that portion of the street for which acceptance
was requested, as listed on the attached list.

The foregoing petition was granted by the Board of Aldermen and Mayor on ‘AUGUST 14, 2018
DATE

Attest:

AUGUST 14, 2018
DATE

Qu

/ rr.
PUTY CITMSYERK

DUE TO LACK OF ABUTTER NOTIFICATION PETITION RESUBMITTED TO THE BOARD OF ALDERMEN

Petition introduced at Board of Aldermen Meeting

Public Hearing conducted by the Committee on Infrastructure: a

DATE TIME PLACE

Notice of this hearing was sent out to all abutters of that portion of the street for which
acceptance was requested, as listed on the attached list.

The foregoing petition was granted by the Board of Aldermen and Mayor on

DATE

Zoning
R-C
Maximum Density 12.5
Minimum Lot 5000 SF.
Minimum Width 50”
83-80 el Minimum Frontage 50’
2091-0356 ot RE Minimum Depth 75°
«Rh Far cwey Front Setback Min. 10’
ces Side Setback Min. 7’
S172 47°F Maximum Side Setback 20’
2.00’ Minimum Rear Setback 20’
Maximum Height 100°
Maximum Stories 70
83-63 N71°07°137E Open Space Percentage 35
~ 50.85’ Max. Floor Area Ratio 1.0
8744-0655 ns A LEGEND
- ©Q> EXISTING UTILITY POLE
DRILL HOLE SET 6-6-2018
G IRON ROD SET 6-6-2018
NOTES : LOCUS MAP.
1. NORTH REFERENCE IS GRID. NOT TO SCALE
2. DEED REFERENCE 8190—1044
3. THE INTENT OF THIS PLAN IS TO SUBDIVIDE LOT 83-80 INTO TWO LOTS.
N18°05'03"W PARCEL A WILL BE RETAINED BY THE CITY OF NASHUA FOR RIGHT OF WAY
} 83-79 AND THE REMAINDER OF LOT 83-80 TO BE A BUILDING LOT.
12.06 4. THIS PLAN IS BASED ON RECORDED PLANS AND DEEDS.
8794-1165 5. FIELD WORK DONE MAY 4, 2018 TO MAY 11, 2018.
A
&y 0
Lg ez,
& 4 CROSS WALK
S ~ SIGNAL
W zs
& A SIGN PARCEL A Cee
Vv A a | 237 SF,
\yem S725 13 MAST ARM BLOW-UP
_ - 83-77 DETAIL
8S" 62 7177-0026 . CROSS WALK Oe
8215-2857 (et SIGNAL SCALE: 1" = 10
CITY OF NASHUA
PLAN REFERENCES: GRAPHIC SCALE | PLAN for PARCEL 83-80
7. LAND OF ALBERT DIANNE CENTRAL STREET, NASHUA N.H,, 20 8 #0 “

40 PINE STREET
BY EARL WILLIAMS SURVEYOR, SCALE 1°=20’, DATED: MARCH 12,1951

AND REVISED SEPTEMBER 18, 1954, RECORDED AT H.C.R.D. PLAN #& 1059
12. LAND OF EVA PASTOR PINE & CENTRAL STREET, NASHUA NH,

PREPARED FOR: CITY OF NASHUA
BY EARL WILLIAMS SURVEYOR, SCALE 1°=20', DATED: JANUARY 26, 1947. ( IN FEET ) NASHUA, NEW HAMPSHIRE
RECORDED AT CITY OF NASHUA, EARL WILLIAMS FILE PLAN #161. i inch = 20 ft. ,
3. “SUBDIVISION PLAN FOR DISPOSITION PARCELS”, MYRTLE STREET PROJECT SCALE: 1” = 20’ DATE: JUNE 7, 2018
BY HAMILTON ENGINEERING ASSOC. INC., SCALE 1°=50’, | CERTIFY THAT THE WORK NECESSARY FOR THIS PLAN HAS AN ERROR CITY ENGINEER'S OFFICE
DATED: DECEMBER 27, 1972 H.C.R.D. PLAN # 6724. OF CLOSURE NO GREATER THAN 1° IN 39,634, Aw Joven oe]
SHEET 1 OF 1 TRAETER

APPOINTMENTS BY THE MAYOR

Conservation Commission

Sherry Dutzy (Reappointment)
18 Swart Terrace
Nashua, NH 03064

Cultural Connections Committee

Sandra Pratt (New Appointment)
24 Gingras Drive
Nashua, NH 03060

Downtown Improvement Committee

David Grebowski (Moving to Full Member)
172 Main Street
Nashua, NH 03060

Mary Lou Blaisdell (Reappointment)
32 Webster Street
Nashua, NH 03064

Richard Lannan (Reappointment)
7D Taggart Drive
Nashua, NH 03060

Mine Falls Park Advisory Committee

Lisa Hardy (New Appointment)
7 Burritt Street
Nashua, NH 03060

Nicholas Serpa (Reappointment)
9 Joston Place
Merrimack, NH 03054

| respectfully request that these appointments be confirmed.

FEBRUARY 19, 2019

Term to Expire:

Term to Expire:

Term to Expire:

Term to Expire:

Term to Expire:

Term to Expire:

Term to Expire:

Jim Donchess
Mayor

December 31, 2021

March 1, 2022

December 31, 2019

December 31, 2020

December 31, 2020

March 1, 2022

December 31, 2019

A special meeting of the Board of Aldermen was held Tuesday, January 22, 2019, at 7:00 p.m. in the
Aldermanic Chamber.

President Lori Wilshire presided; City Clerk Patricia Piecuch recorded.
Prayer was offered by City Clerk Patricia Piecuch; Alderman Ken Gidge led in the Pledge to the Flag.

The roll call was taken with members of the Board of Aldermen present; Alderwoman Melizzi-Golja
was recorded after roll call.

President Wilshire
Alderwoman Melizzi-Golja was stuck in traffic coming over the Hudson Bridge; she will be with us shortly.
Tonight’s Special Board of Aldermen Meeting is a presentation and a status update on the Performing Arts Center

with Director Cummings from the Office of Economic Development. Would you care to join us Director Cummings,
there is an empty seat here and an empty seat there.

PRESENTATION

Status Update on the Performing Arts Center with Tim Cummings, Director of Economic Development

Tim Cummings, Director of Economic Development

Thank you.
President Wilshire

Thank you for being here.

Mr. Cummings

Thank you for having me. For the record my name is Tim Cummings and | am the Director of Economic
Development for the City. | am here before you this evening to provide a status update relative to the Performing
Arts Center project. What is before you is a quick one-page memo which | will make sure that my Corporation
Counsel has first. So what is before you is a one-page memo which basically outlines some of the major items,
tasks, new developments that have occurred since the last time we were together discussing this project, which
was on December 20", 2018. Niel Cannon and | gave this body an overview of how the New Market Tax Credit
Program works.

What | thought | would do today is just highlight in bullet form some of the major new developments that have
occurred along the way. | also have some attachments which | will go through, not in any particular detail because
we do have a regularly scheduled meeting where these presentations are discussed at length. For this evening’s
conversation, just want to give you a thumbnail type presentation more than anything else to kind of give you the
reader’s digest version.

With that being said, as | just alluded to a few moments ago, we have regularly scheduled meetings and | provided
this group with the schedule of meetings occurring between now and May. Essentially it is every Wednesday night
at 5:00 p.m. in Room 208 here in City Hall for about 2 hours we will be meeting and primarily focusing on designing
the Performing Arts Center.

Architecture and Construction Manager Contracts were recently approved by the Finance Committee. We awarded
Harvey Construction for the Construction Management; and then ICON in partnership with OTJ as our Architectural
Team for the design. | will note, | didn’t add it on to this list because we did this a few months back and again