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LEGISLATIVE YEAR 2020

RESOLUTION: R-20-033

PURPOSE: Authorizing the Mayor to execute a confirmatory deed to
Pennichuck Water Works

ENDORSERS: Mayor Jim Donchess

COMMITTEE

ASSIGNMENT:

FISCAL NOTE: No fiscal impact.

ANALYSIS

This resolution authorizes the Mayor fo execute a confirmatory deed on behalf of the City to
Pennichuck Water Works substantially similar to the attached document. It is believed that the
City deeded this parcel to Pennichuck in the 1960s along with other surrounding property but
that deed was never recorded and is now lost. Pennichuck has been paying taxes on the property
since the 1960s.

Charter §77(f) provides that the Planning Board “shall review and make recommendations to the
mayor and board of aldermen on. . . on the purchase and sale of any land by the city.”

Approved as to form: Office of Corporation Counsel

By:_/s/ Steve Bolton

Date: April 23, 2020

R-20-034

ORDINANCE

APPROVING THE COST ITEMS OF SIDEBAR AGREEMENTS BETWEEN THE
NASHUA BOARD OF POLICE COMMISSIONERS AND THE FIVE NASHUA POLICE
DEPARTMENT UNIONS REGARDING A POLICE DEPARTMENT RECRUITING
INCENTIVE

CITY OF NASHUA

In the Year Two Thousand and Twenty

RESOLVED by the Board of Aldermen of the City of Nashua that the cost items of the
attached sidebars between the Nashua Board of Police Commissioners and the following Unions
are hereby approved:

Nashua Police Patrolman’s Association (NPPA);
Nashua Police Supervisor’s Association (NPSA);
N.E.P.B.A Local 125, LU.P.A., AFL-CIO;
Teamsters Local 633; and

U.F.P.O. Local 645.

Wwe whe

The sidebar agreements cover the period from November 20, 2019 through November 20, 2020
and concern a Police Department recruiting incentive program.

NASHUA POLICE DEPARTMENT

28 Officer James Roche Drive
Mailing Address: PO Box 785
Nashua, NH 03061-0785

Chief of Police Michael Carignan
Main Phone: (603) 594-3300
Website: www.nashuapd.com

November 20th, 2019

Agreement between Nashua Police Department and Nashua Police Patrolman’s
Association (NPPA) regarding $500.00 recruiting incentive.

The Nashua Police Department will pay a $500.00 recruiting incentive to any member of the
Nashua Police Patrolman’s Association who successfully recruits a candidate for a police officer
or dispatcher position with the Nashua Police Department, provided that the following two

conditions are achieved:

4) The NPPA member facilitates an in-person meeting with the police officer or dispatch
candidate with a member of the Nashua Police Department's Recruiting Division.

2) The candidate is successfully hired as a police officer or dispatcher with the Nashua
Police Department.

Due to the scope and duties of NPPA members that are assigned to the Professional Standards
Bureau, NPPA members that are assigned to the Professional Standards Bureau, with the
exception of the members assigned to the Firearms Training Unit (FTU), will not be eligible for

this incentive.

The terms and conditions of this agreement will expire on November 20, 2020.

Agreed to:
Put Vd SK
Daniel Archambault Michael Carignan ()

President, NPP Chief of Police

Date: U a /q Date: lash

C.A.L.E.A. Nationally Accredited Law Enforcement Agency

NASHUA POLICE DEPARTMENT

38 Officer James Roche Drive
Mailing Address: PO Box 785
Nashua, NH 03061-0785

Chief of Police Michael Carignan
Main Phone: (603) 594-3500
Websile: www.nashuapd.com

November 20th, 2019

Agreement between Nashua Police Department and Nashua Police Supervisor's
Association (NPSA) regarding $500.00 recruiting incentive.

The Nashua Police Department will pay a $500.00 recruiting incentive to any member of the
Nashua Police Supervisor's Association who successfully recruits a candidate for a police officer
or dispatcher position with the Nashua Police Department, provided that the following two
conditions are achieved:

1) The NPSA member facilitates an in-person meeting with the police officer or dispatch
candidate with a member of the Nashua Police Department's Recruiting Division.

2) The candidate is successfully hired as a police officer or dispatcher with the Nashua
Police Department.

Due to the scope and duties of NPSA members that are assigned to the Professional Standards
Bureau, NPSA members that are assigned to the Professional Standards Bureau will not be

eligible for this incentive.

The terms and concitions of this agreement will expire on November 20", 2020.

Agreed to:

Ler, Reh Dilhed {Lo

Keith Dillon Michael Carignan
President, NPSA Chief of Police

Date: |} \2 AQ Date: \o-\ 1

C.A.L.E.A. Nationally Accredited Law Enforcement Agency

NASHUA POLICE DEPARTMENT

28 Officer James Roche Drive
Mailing Address: PO Box 785
Nashua, NH 03061-0785

Chief of Police Michael Carignan
Main Phone: (603) 594-3500
Website: www.nashuapd.com

Novernber 20th, 2019

Agreement between Nashua Police Department and
N.E.P.B.A. Local 125, |.U.P.A., AFL-CIO regarding $500.00 recruiting incentive.

The Nashua Police Department will pay a $500.00 recruiting incentive to any member of
NLE.P.B.A. Local 125, |.U.P.A., AFL-CIO who successfully recruits a candidate for a police officer
or dispatcher position with the Nashua Police Department, provided that the following two

conditions are achieved:

1) The N.E.P.B.A. Local 125, 1.U.P.A., AFL-CIO member facilitates an in-person meeting
with the police officer or dispatch candidate with a member of the Nashua Police

Department's Recruiting Division.

2) The candidate is successfully hired as a police officer or dispatcher with the Nashua
Police Department.

The terms and conditions of this agreement will expire on November 20", 2020.

Agreed to:
Carrie Curtis Michael Carignan
President, N.E.P.B.A. Local 125, 1.U.P.A., AFL-CIO Chief of Police

Date: [ [ LE Mf 9 Date: he \G

C.A.L.E.A. Nationally Accredited Law Enforcement Agency

NASHUA POLICE DEPARTMENT

28 Officer James Roche Drive
Mailing Address: PO Box 785
Nashua, NH 03061-0785

Chief of Police Michaet Carignan
Main Phone: (603) 594-3500
Website: www.nashuapd.com

November 20th, 2019

Agreement between Nashua Police Department and
Teamsters Local 633 regarding $500.00 recruiting incentive.

The Nashua Police Department will pay a $500.00 recruiting incentive to any member of
Teamsters Local 633 who successfully recruits a candidate for a police officer or dispatcher
position with the Nashua Police Department, provided that the following two conditions are
achieved:

1) The Teamsters Local 633 member facilitates an in-person meeting with the police officer
or dispatch candidate with a member of the Nashua Police Department's Recruiting

Division.

2) The candidate is successfully hired as a police officer or dispatcher with the Nashua
Police Department.

Due to the scope and duties of Teamsters Local 633 members that are assigned to the
Professional Standards Bureau, Teamsters Local 633 members that are assigned to the
Professional Standards Bureau will not be eligible for this incentive.

The terms and conditions of this agreement will expire on November 20%, 2020.

Agreed to:

Oberg Bb ctiecciied: fiber. “ ou d LO

U

Michele Guilbeault Michael Carigna
President, Teamsters Local 633 Chief of Police

Date: /auf 19 Date: ies) \

C.A.L.E.A. Nationally Accredited Law Enforcement Agency

19.

20.

21.

22.

23.

employee of the City of Nashua with a view toward securing a contract or securing
favorable treatment with respect to the awarding or amending or making of any
determinations with respect to the performance of this contract. If City of Nashua
determines that such gratuities were or offered or given, it may terminate the contract at
will or for cause in accordance with paragraph 8.

The rights and remedies of this section shall in no way be considered for be construed as a
waiver of any other rights or remedies available to the City of Nashua under this contract
or at law.

Third Party Interests and Liabilities. The City of Nashua and Independent Contractor,
including any of their respective agents or employees, shall not be liable to third parties for
any act or omission of the other party. This contract is not intended to create any rights,
powers, or interest in any third party and this agreement is entered into for the exclusive
benefit of the City of Nashua and Independent Contractor.

Survival of Rights and Obligations The rights and obligations of the parties that by their
nature survive termination or completion of this contract shall remain in full force and
effect.

Severability. In the event that any provision of this contract is rendered invalid or
unenforceable by any valid act of Congress or of the New Hampshire legislature or any
court of competent jurisdiction, or is found to be in violation of state statutes or regulations,
the invalidity or unenforceability of any particular provision of this contract shall not affect
any other provision, the contract shall be construed as if such invalid or unenforceable
provisions were omitted, and the parties may renegotiate the invalid or unenforceable
provisions for sole purpose of rectifying the invalidity or unenforceability.

Modification of contract and Entire Agreement. This contract constitutes the entire
contract between the City of Nashua and Independent Contractor. The parties shall not be
bound by or be liable for any statement, representation, promise, inducement, or
understanding of any kind or nature not set forth in this contract. No changes, amendments,
or modifications of any terms or conditions of the contract shall be valid unless reduced to
writing and signed by both parties.

Choice of Law and Venue. This contract shall be governed exclusively by the laws of the
State of New Hampshire and any claim or action brought relating to this contract, the work
performed or contracted to be performed thereunder, or referable in anyway thereto shall
be brought in Hillsborough County (New Hampshire) Superior Court Southern Judicial
District or in the New Hampshire 9th Circuit Court—Nashua and not elsewhere.

GC 9 of 9

NASHUA POLICE DEPARTMENT

28 Officer James Roche Drive
Mailing Address: PO Box 785
Nashua, NH 03061-0785

Chief of Police Michael Carignan
Main Phone: (603) 594-3500
Website: www.nashuapd.com

November 20th, 2019

Agreement between Nashua Police Department and
U.F.P.O. Local 645 regarding $500.00 recruiting incentive.

The Nashua Police Department will pay a $500.00 recruiting incentive to any member of U.F.P.O
Local 645 who successfully recruits a candidate for a police officer or dispatcher position with the
Nashua Police Department, provided that the following two conditions are achieved:

1) The U.F.P.O. Local 645 member facilitates an in-person meeting with the police officer
or dispatch candidate with a member of the Nashua Police Department's Recruiting
Division.

2) The candidate is successfully hired as a police officer or dispatcher with the Nashua
Police Department.

The terms and conditions of this agreement will expire on November 20", 2020.

Agreed to:

William Mansfield Michael Carignan
President, U.F.P.O. Local 645 Chief of Police
Date:___// L asf 4g Date: was \n

C.A.L.E.A. Nationally Accredited Law Enforcement Agency

RESOLUTION:
PURPOSE:

ENDORSER(S):

COMMITTEE
ASSIGNMENT:

FISCAL NOTE:

LEGISLATIVE YEAR 2020
R-20-034

Approving the cost items of sidebar agreements between the
Nashua Board of Police Commissioners and the five Nashua
Police Department Unions regarding a Police Department
recruiting incentive

Mayor Jim Donchess
Alderman Richard A. Dowd

The cost analysis is as follows: The $500.00 incentive award is
payable for a finite period of time. Assuming 4 incentive awards
will be paid, the total cost is $2,000. The Police Department will
be able to pay for such awards in its FY2020 or FY2021 operating
budget, depending upon when the incentive award is paid out.

ANALYSIS

This resolution approves the cost items of sidebar agreements between the Nashua Board of
Police Commissioners and the five Police Department Unions regarding a Police Department
recruiting incentive. The Agreements have a term of one year, commencing on November 20,
2019 and expiring on November 20, 2020. The board of aldermen must vote whether or not to
approve the cost items of these sidebars within thirty days of receipt. RSA 273-A:3 II (c).

Approved as to account Financial Services Division
_ number and/or structure,

and amount:

Approved as to form:

By:__/s/ John Griffin

Office of Corporation Counsel
By:__/s/ Dorothy Clarke

Date: April 23, 2020

A regular meeting of the Board of Aldermen was held Tuesday, April 14, 2020, at 7:30 p.m. via
teleconference.

President Lori Wilshire presided; City Clerk Susan Lovering recorded.
Prayer was offered by City Clerk Susan Lovering; Alderman Richard A. Dowd led in the Pledge to the Flag.
President Wilshire

As President of the Board of Aldermen, | find that due to the State of Emergency declared by the
Governor as a result of the COVID-19 pandemic and in accordance with the Governors Emergency
Order #12 pursuant to Executive Order 2020-04, this public body is authorized to meet electronically.

Please note that there is no physical location to observe and listen contemporaneously to this meeting,
which was authorized pursuant to the Governor's Emergency Order. However, in accordance with the
Emergency Order, | am confirming that we are:

a) Providing public access to the meeting by telephone, with additional access possibilities
by video or other electronic means:

We are utilizing WebEx through the City’s IT Department for this electronic meeting. All members
of the Board of Aldermen have the ability to communicate contemporaneously during this meeting
through this platform, and the public has access to contemporaneously listen in to this meeting
through dialing the following number 978-990-5298 and using the password 273974. The Public
may also view this meeting on Comcast Channel 016.

b) Providing public notice of the necessary information for accessing the meeting:

We previously gave notice to the public of the necessary information for accessing the meeting,
through public postings. Instructions have also been provided on the City of Nashua’s website at
www.nashuanh.gov and publicly noticed at City Hall.

c) Providing a mechanism for the public to alert the public body during the meeting if there are
problems with access:

If anybody has a problem accessing the meeting via phone or Channel 016, please call 603-821-
2049 and they will help you connect.

d) Adjourning the meeting if the public is unable to access the meeting:

In the event the public is unable to access the meeting via the methods mentioned above, the
meeting will be adjourned and rescheduled. Please note that all votes that are taken during this
meeting shall be done by roll call vote.

Let’s start the meeting by taking a roll call attendance. When each member states their presence, please
also state whether there is anyone in the room with you during this meeting, which is required under
the Right-To-Know Law.