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R-21-142

RESOLUTION

RELATIVE TO THE ADOPTION OF THE FISCAL YEAR 2022 PROPOSED BUDGET
FOR THE CITY OF NASHUA GENERAL, ENTERPRISE, AND SPECIAL REVENUE
FUNDS

CITY OF NASHUA

In the Year Two Thousand and Twenty One

RESOLVED by the Board of Aldermen of the City of Nashua that the Fiscal Year 2022
Proposed Budget for the General Fund of the City of Nashua be and is hereby adopted, and that
the following amounts are hereby appropriated for the several accounts and for other needs of the
City of Nashua General Fund for the fiscal year beginning July 1, 2021, and ending June 30,
2022, and for the purpose of Section 50-a et seq. of the Nashua Revised City Charter, as
amended, each item of this budget shall be considered as a separate appropriation. The proposed
General Fund appropriation amount is $290,366,852 with estimated General Fund Revenues of
$64,979,022 including estimated state funding for education in the amount of $32,839,691.

That the Fiscal Year 2022 Proposed Budget for the Enterprise Funds of the City of
Nashua be and is hereby adopted, and that the following amounts are hereby appropriated for the
several accounts and for other needs of the City of Nashua Enterprise Funds for the fiscal year
beginning July 1, 2021 and ending June 30, 2022, and the purpose of Section 50-a et seq. of the
Nashua Revised City Charter, as amended, each item of this budget shall be considered as
separate appropriation. The proposed Enterprise Funds appropriation amount is $38,344,285
(inclusive of anticipated Capital Appropriations), with estimated Enterprise Funds Revenues of
$33,155,377 and any additional funding for capital and CSO-related expenditures from retained
earnings, bonding and/or State Revolving Fund Loans.

That the Fiscal Year 2022 Proposed Budget for the Special Revenue Funds of the City of
Nashua be and is hereby adopted, and that the following amounts are hereby appropriated for the
several accounts and for other needs of the City of Nashua Special Revenue Funds for the fiscal
year beginning July 1, 2021 and ending June 30, 2022. The proposed Special Funds
appropriation amount is $18,570,313 with estimated Special Revenue Funds Revenues of
$18,570,313.

RESOLUTION R-21-142

Neither the approval and adoption of this budget, or any appropriation contained herein,
or to any City department or agency, including the Nashua Schoo! District, whether as proposed
or amended, shall be deemed to mean that the City has approved any program or responsibility
for funding in accordance with Part 1, Article 28-a of the Constitution of the State of New
Hampshire. Notwithstanding any appropriation herein, the city hereby expressly declines to
approve funding for any program or responsibility for which it is entitled by law to payment
from the State of New Hampshire pursuant to Part 1, Article 28-a of the State Constitution,
whether it has previously been determined that the City is entitled to said funding or not.

LEGISLATIVE YEAR 2021

RESOLUTION: R-21-142
PURPOSE: Relative to the adoption of the Fiscal Year 2022 proposed

budget for the City of Nashua general, enterprise, and special
revenue funds

SPONSOR(S): Mayor Jim Donchess

COMMITTEE
ASSIGNMENT: Budget Review Committee

FISCAL NOTE: The tax rate cannot be determined at this time, however estimates
will be provided. The entire budget is a comprehensive package
and each component impacts the tax rate.

ANALYSIS

This resolution adopts the Fiscal Year 2022 Budget for the City’s general, enterprise, and special
revenue funds. For the purpose of Section 50-a et seq. of the Nashua Revised City Charter, as
amended, each item of this budget shall be considered as a separate appropriation.

A public hearing on the budget shall be held before its adoption by the board of aldermen with at
least seven days’ notice. Nashua City Charter $ 56-a; NRO § 5-8.

Nashua City Charter § 56-b provides that the board of aldermen may reduce any item in the
mayor's budget by a majority vote, but an increase or addition requires a vote of two-thirds of
the members of the board. Court decisions concerning Nashua’s Charter suggest that a court
may find that this provision, when applied to the budget resolution itself, is inconsistent with
state statutes and therefore unenforceable. See memorandum of Corporation Counsel dated
March 8, 2018.

The budget shall be finally adopted not later than August |, 2021. Nashua City Charter § 56-b.

Approved as to content, Financial Services Division

account structure, numbers,

and amount: By: _/s/John Griffin

Approved as to form: Office of Corporation Counsel
By:

Date: 1 Maw. ar

R-21-143

RESOLUTION

PROPOSING AN AMENDMENT TO THE CITY CHARTER RELATIVE TO THE
MANNER OF APPOINTMENTS TO THE NASHUA BOARD OF POLICE
COMMISSIONERS

CITY OF NASHUA

In the Year Two Thousand and Twenty-One

RESOLVED by the Board of Aldermen of the City of Nashua that pursuant to RSA 49-
B:5, the following amendment to the Nashua City Charter is deemed necessary and shall be
submitted to the voters by placing it on the ballot at the next regular municipal election on
November 2, 2021, in the manner required by NH RSA 49-B with the following question and
summary:

Shall the municipality approve the charter amendment summarized below?

SUMMARY

This amendment would provide for appointment of Board of Police Commissioners by the
Mayor and the President of the Board of Aldermen upon approval of the Board of Aldermen.
Appointments shail be based upon qualifications, merit and record of community service and
should be balanced so that the membership of the Commission reflects the citizenship of the
City. Members of the immediate family of and residents of the same household with the Mayor
and any Alderman would be ineligible.

The Nashua City Charter shall be amended by deletion of the current sections A-101 through A-
102 and A-141 through A-146 and by addition of the following new A-100 through A-102:

§ A-100. Appointments Based Upon Qualifications, Merit, and/or History of Community
Involvement

The Board of Police Commissioners of the City of Nashua shall consist of five (5)
members. Appointments will be based upon qualifications, merit and record of community
service. The Mayor and the President of the Board of Aldermen should use their best efforts to
balance the membership of the Commission to reflect the citizenship of the City. In no event
shall a member of the immediate family or a resident of the household with the Mayor or any
Alderman be eligible for appointment.

RESOLUTION R-21-143

§ A-101. Appointment of commissioners

The Mayor shall, with the advice and approval of the Board of Aldermen, appoint three
(3) persons to the Board of Police Commissioners, each holding office for a three (3) year term,
or until his or her successor is duly appointed and qualified. The President of the Board of
Aldermen shall with the advice and approval of the Board of Aldermen appoint two (2) persons
to the Board of Police Commissioners, each holding office for a three (3) year term, or until her
or his successor is duly appointed and qualified. Notwithstanding the foregoing any person
holding office as a commissioner under the appointment of the governor and council under the
authority of Laws 1913, chapter 148, at the date of the passage of this section shall continue in
office as such commissioner until the expiration of his or her said term of office. The first, third,
and fifth appointments following such term expirations shall be by the Mayor and the second and
fourth by the President of the Board of Aldermen and shall be staggered such that the term of one
or of two commissioners shall expire each year. Thereafter any vacancy from any cause shall be
filled by the original appointing authority with approval of the Board of Aldermen for the
remainder of the term or for a new term as is applicable. Each said commissioner shall have been
a resident of the City of Nashua when appointed for at least five years immediately preceding the
date of her or his appointment and shall remain a resident during said term. The Mayor or the
President of the Board of Aldermen shall, annually, on or before the first day of August
thereafter, with the advice and approval of the Board of Aldermen, appoint one or two
commissioners, who shall succeed the ones whose term expires and who shall serve for three (3)
years from September first unless sooner removed as (hereinafter) provided. Not more than three
commissioners shall be of the same political party.

§ A-102. Removal of commissioners

The Mayor or President of the Board of Aldermen with the advice and approval of the
Board of Aldermen shall have full power to remove any commissioner which he or she or her or
his predecessor has appointed.

Board of Aldermen 04-13-2021 Page 11

So | am extremely excited that we are getting this started. And everyone that had anything to do with it from
Director Marchant’s office etc., this is really, really exciting and | am glad that we’ve got it started. Thank you.

President Wilshire

Anyone else? Alderman Lopez?

Alderman Lopez

Yeah | just wanted to say that | am also very excited about this. | am appreciative of Alderman Kelly and the
attention that she was able to bring to this. Housing is a huge problem in our City, it is an urgent problem, we
need to do a lot. This is a good start, we have a lot more work to do and baby steps are good but we really,
really need to meet the need as it presents today.

There are people tonight who will be unsheltered, who will be homeless. A lot of that tracks back to the
housing quality and the access to, you know, what kind of places they can stay. So there’s a lot of work for us
to do here and | think we should get started. Thanks.
President Wilshire
Anyone else? Seeing none, the motion is for final passage of Resolution 21-118. Would the Clerk please call
the roll?
A viva voce roll call was taken to adjourn the Board of Aldermen meeting which resulted as follows:
Yea: Alderman O’Brien, Alderman Klee, Alderwoman Kelly, Alderman Dowd,
Alderman Caron, Alderman Clemons, Alderman Lopez, Alderman Tencza,
Alderwoman Lu, Alderman Jette, Alderman Schmidt, Alderman Laws,
Alderwoman Harriott-Gathright, Alderman Wilshire 14
Nay: 0
MOTION CARRIED

Resolution R-21-118 declared duly adopted.

Board of Aldermen 04-13-2021 Page 12

R-21-120
Endorsers: Mayor Jim Donchess
Alderman Richard A. Dowd
Alderman Thomas Lopez
Alderman-at-Large David C. Tencza
Alderman Jan Schmidt
Alderman-at-Large Michael B. O’Brien, Sr.
Alderman Patricia Klee
Alderman Linda Harriott-Gathright
Alderman-at-Large Ben Clemons
Alderman Skip Cleaver
Alderwoman-at-Large Shoshana Kelly
Alderman-at-Large Lori Wilshire
RELATIVE TO THE TRANSFER OF $755,000 FROM DEPARTMENT 194 “CONTINGENCY”,
ACCOUNT 70112 “CONTINGENCY FOR EDUCATIONAL PRIORITIES” TO VARIOUS SCHOOL
DEPARTMENT ACCOUNTS
Given its second reading;

MOTION BY ALDERMAN CLEMONS FOR FINAL PASSAGE OF R-21-120, 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, Alderwoman Kelly, Alderman Dowd,
Alderman Caron, Alderman Clemons, Alderman Lopez, Alderman Tencza,
Alderwoman Lu, Alderman Jette, Alderman Schmidt, Alderman Laws,
Alderwoman Harriott-Gathright, Alderman Wilshire 14

Nay: 0
MOTION CARRIED

Resolution R-21-120 declared duly adopted.

Board of Aldermen 04-13-2021

R-21-122
Endorsers:

Mayor Jim Donchess

Alderman Richard A. Dowd

Alderman Thomas Lopez
Alderman-at-Large Michael B. O’Brien
Alderman Jan Schmidt
Alderman-at-Large David C. Tencza
Alderman Linda Harriott-Gathright
Alderman Skip Cleaver

Alderman Patricia Klee
Alderwoman-at-Large Shoshanna Kelly
Alderman-at-Large Ben Clemons
Alderman June M. Caron
Alderman-at-Large Brandon Michael Laws
Alderman-at-Large Lori Wilshire

Page 13

RELATIVE TO THE ACCEPTANCE AND APPROPRIATION OF UP TO $1,500,000 FROM

THESTATE OF NEW HAMPSHIRE, DEPARTMENT OF HEALTH AND HUMAN SERVICES

FOR COVID-19 VACCINATION AID
Given its second reading;

MOTION BY ALDERMAN CARON FOR FINAL PASSAGE OF R-21-122, 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, Alderwoman Kelly, Alderman Dowd,
Alderman Caron, Alderman Clemons, Alderman Lopez, Alderman Tencza,
Alderwoman Lu, Alderman Jette, Alderman Schmidt, Alderman Laws,

Alderwoman Harriott-Gathright, Alderman Wilshire

Nay:

MOTION CARRIED

Resolution R-21-122 declared duly adopted.

R-21-125
Endorsers:

Alderman Jan Schmidt
Alderman-at-Large David C. Tencza
Alderman Linda Harriott-Gathright
Alderman Richard A. Dowd

Alderman Patricia Klee
Alderman-at-Large Michael B. O’Brien, Sr.
Alderman Skip Cleaver
Alderman-at-Large Ben Clemons
Alderwoman-at-Large Shoshanna Kelly
Alderman Thomas Lopez

Alderman June M. Caron
Alderman-at-Large Lori Wilshire

SUPPORTING NONPARTISAN FAIR REDISTRICTING
Given its second reading;

MOTION BY ALDERMAN SCHMIDT FOR FINAL PASSAGE OF R-21-125, BY ROLL CALL

Board of Aldermen 04-13-2021 Page 14

ON THE QUESTION

Alderman Schmidt

And I'd like to speak to it please.

President Wilshire

Alderman Schmidt?

Alderman Schmidt

Thank you. Every 10 years after our Census, the State is required to reapportion the Districts. In the past, it
has been partisan at times. And to avoid that, we simply ask that this be — we are supporting non-partisan and
fair re-districting as a City. And | wanted to thank Mr. Keating for coming and making a point of this. It is very
important. Thank you.

President Wilshire

Alright. The Motion is for final passage of Resolution 21-125 by Roll Call. Further discussion on that motion,
Alderman Klee?

Alderman Klee

Thank you Madam President. When Alderman Schmidt had brought this up and spoke to myself and the other
Alder Reps, | was very on-board with it. Ten years ago when they were doing the re-districting, one of the
things that had happened was Ward 3 was they tried to pull us across the river into another town. That is just
not acceptable. Nashua should remain in Nashua and that’s the way it should be. We should be represented
by Nashua and I’m sure the Ward 3 Citizens would not have wanted to be represented by someone from
across the river. It is just not the way it belongs. So | do appreciate that we are doing this and we need to
make it a point that Nashua will just stay within Nashua. Thank you.

President Wilshire

Anyone else? Motion is for final passage of Resolution 21-125. Seeing no one, would the Clerk please call
the roll?

A viva voce roll call was taken to adjourn the Board of Aldermen meeting which resulted as follows:
Yea: Alderman O’Brien, Alderman Klee, Alderwoman Kelly, Alderman Dowd,

Alderman Caron, Alderman Clemons, Alderman Lopez, Alderman Tencza,

Alderwoman Lu, Alderman Jette, Alderman Schmidt, Alderman Laws,

Alderwoman Harriott-Gathright, Alderman Wilshire 14
Nay: 0
MOTION CARRIED

Resolution R-21-125 declared duly adopted.

Board of Aldermen 04-13-2021 Page 15

UNFINISHED BUSINESS — ORDINANCES

Q-21-053
Endorsers: Alderman Ernest A. Jette
Alderman Richard A. Dowd
Alderman Patricia Klee

AUTHORIZING A STOP SIGN ON SHAWNEE DRIVE AT ITS INTERSECTION WITH CONANT ROAD
Given its second reading;

MOTION BY ALDERMAN JETTE FOR FINAL PASSAGE OF O-21-053, BY ROLL CALL

ON THE QUESTION

Alderman Jette

And | would like to speak to it.

President Wilshire

Alderman Jette?

Alderman Jette

So one of our residents had a near miss at the intersection of Conant Road and Shawnee Drive and was
surprised when he went back and looked at it, there was no stop sign on Shawnee Drive. He complained to
the Public Works Department and Traffic Department and went out and took a look and agreed that a stop sign
should be there on Shawnee Drive. So the Public Works Department contacted me and asked me to sponsor
this Ordinance. The Infrastructure Committee unanimously recommended final passage. And | hope that my
fellow Aldermen will vote for this as well. Thank you.

President Wilshire

Thank you Alderman Jette. Discussion on Ordinance 21-053? Seeing none, the Motion is for Final Passage.
Would the Clerk please call the roll?

A viva voce roll call was taken to adjourn the Board of Aldermen meeting which resulted as follows:
Yea: Alderman O’Brien, Alderman Klee, Alderwoman Kelly, Alderman Dowd,

Alderman Caron, Alderman Clemons, Alderman Lopez, Alderman Tencza,

Alderwoman Lu, Alderman Jette, Alderman Schmidt, Alderman Laws,

Alderwoman Harriott-Gathright, Alderman Wilshire 14
Nay:
MOTION CARRIED

Ordinance O-21-053 declared duly adopted.