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THE REQUEST FOR THE ADDITIONAL FUNDING OF
$1,550,000.00 WOULD COVER:

THE ADDITIONAL COST OF THE PROPOSED BID FOR THE
HVAC SYSTEM UPGRADE AND

REPLACEMENT OF LOCKERS IN LOCKER ROOMS AREAS

SPECIAL BOARD OF ALDERMEN
APRIL 26, 2021
7:00 PM

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PRESIDENT LORI WILSHIRE CALLS ASSEMBLY TO ORDER

PRAYER OFFERED BY CITY CLERK SUSAN K. LOVERING

PLEDGE TO THE FLAG LED BY ALDERMAN SKIP CLEAVER
ROLL CALL

PUBLIC HEARINGS
R-21-127

AUTHORIZING THE MAYOR AND CITY TREASURER TO ISSUE BONDS NOT TO EXCEED THE
AMOUNT OF FIVE MILLION FOUR HUNDRED EIGHT THOUSAND DOLLARS ($5,408,000) FOR THE
FISCAL YEAR 2021 CITY’S SEWER INFRASTRUCTURE PROGRAM

Testimony in Favor

Testimony in Opposition

Testimony in Favor

Testimony in Opposition

R-21-128
AUTHORIZING THE MAYOR AND CITY TREASURER TO ISSUE BONDS NOT TO EXCEED THE
AMOUNT OF ONE MILLION FIVE HUNDRED FIFTY THOUSAND DOLLARS ($1,550,000) TO PAY
ADDITIONAL COSTS OF THE POLICE DEPARTMENT’S HEATING, VENTILATION, AND AIR

CONDITIONING SYSTEM, WINDOW IMPROVEMENTS AND LOCKER AREA IMPROVEMENT
PROJECT

Testimony in Favor

Testimony in Opposition
Testimony in Favor
Testimony in Opposition

ADJOURNMENT

R-21-127

RESOLUTION

AUTHORIZING THE MAYOR AND CITY TREASURER TO ISSUE BONDS NOT TO
EXCEED THE AMOUNT OF FIVE MILLION FOUR HUNDRED EIGHT THOUSAND
DOLLARS ($5,408,000) FOR THE FISCAL YEAR 2021 CITY’S SEWER
INFRASTRUCTURE PROGRAM

CITY OF NASHUA

In the Year Two Thousand and Twenty-One

RESOLVED by the Board of Aldermen of the City of Nashua that the Mayor of the City
of Nashua and the City Treasurer of the City of Nashua are hereby authorized to issue and sell
general obligation bonds of the City in an aggregate principal not to exceed five million four
hundred eight thousand dollars ($5,408,000). The proceeds of said bonds shall be used for the
Sewer Infrastructure Program project. This project provides for rehabilitation or replacement of
broken, obsolete or failing sewer pipes, catch basins and manholes. This program also funds
repairs on an emergency basis, due to unexpected sewer failures. The useful life of said program
is 50 years.

Pursuant to Nashua City Charter §54-a, this resolution requires a “duly advertised public
hearing.” Also see N.H. RSA 33:9, which requires a 2/3 vote for passage of this resolution.

The bonds shall be general obligations of the City of Nashua, payable as to principal and
interest from ad valorem taxes, which will be levied without limitation as to rate or amount on all
taxable property within the territorial limits of the City of Nashua.

The bonds shall bear the manual or facsimile signature of the City Treasurer and the
Mayor. In accordance with Chapter 91 of the New Hampshire Acts of 2005, bonds issued
pursuant to this resolution shall not require an authenticating certificate of a bank or trust
company doing business in the State of New Hampshire or The Commonwealth of
Massachusetts, or the Commissioner of Revenue Administration.

The bonds are to be issued in fully-registered form by means of a book-entry system or
otherwise and shall have such terms and conditions and be in such form, subject to the provisions
of this resolution and applicable law, as shall be determined by the Mayor and the City
‘Treasurer.

RESOLVED FURTHER, that the Mayor is authorized to enter into the required
contracts therefor as well as any amendments to be made thereto or any other documentation
necessary for the receipt of said funds.

LEGISLATIVE YEAR 2021

RESOLUTION: R-21-127
PURPOSE: Authorizing the Mayor and City Treasurer to issue bonds not

to exceed the amount of five million four hundred eight
thousand dollars ($5,408,000) for the city’s Sewer
Infrastructure Program

SPONSOR(S): Mayor Jim Donchess

COMMITTEE Budget Review Committee

ASSIGNMENT: Board of Public Works

FISCAL NOTE: It is anticipated that the bond would be sold in FY 22/23 for a term

of twenty or twenty-five years. It is estimated the interest rate will
be approximately 2.5% and the total cost of the bond will be
approximately $6,827,000 including interest. The average annual
payment will be approximately $341,000 with the beginning years
at a higher amount.

ANALYSIS

This resolution authorizes the City to issue and sell general obligation bonds up to $5,408,000
for the annual sewer infrastructure program. This project can be found in the Capital
Improvements Program for FY 2021.

Pursuant to Nashua City Charter §54-a, this resolution requires a “duly advertised public
hearing”. Also see NH RSA 33:9, which requires a 2/3 vote of all the members for passage of
this resolution.

This legislation should be referred to the Board of Public Works for its review and approval.

Approved as to account Financial Services Division
structure, numbers
Approved as to form: Office. of Corporation Counsel

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Date: Af se ( ‘ eo

NJ] SI

R-21-128

RESOLUTION

AUTHORIZING THE MAYOR AND CITY TREASURER TO ISSUE BONDS
NOT TO EXCEED THE AMOUNT OF ONE MILLION FIVE HUNDRED FIFTY
THOUSAND DOLLARS ($1,550,000) TO PAY ADDITIONAL COSTS OF THE POLICE
DEPARTMENT’S HEATING, VENTILATION, AND AIR CONDITIONING SYSTEM,
WINDOW IMPROVEMENTS AND LOCKER AREA IMPROVEMENT PROJECT

CITY OF NASHUA

In the Year Two Thousand and Twenty-One

RESOLVED by the Board of Aldermen of the City of Nashua that the Mayor of the City
of Nashua and the City Treasurer of the City of Nashua are hereby authorized to issue and sell
general obligation bonds of the City in an aggregate principal not to exceed one million five
hundred and fifty thousand dollars ($1,550,000). The proceeds of said bonds shall be used in
addition to the $2,800,000 previously appropriated under Resolution R-19-127 approved on
April 30, 2019 to pay costs of the Police Department’s heating, ventilation, and air conditioning
system, window improvements and locker area improvement projects. The useful life of the
improvements is twenty years.

With the approval of this additional borrowing, the total amount available for this
renovation project will be four million three hundred fifty thousand dollars ($4,350,000).

The Mayor may allocate more funds to any one or more of such projects, and less to
others, so long as, in the judgment of the Mayor, each of the projects described above can be
completed within the total appropriation made by this Resolution.

Pursuant to Nashua City Charter $54-a, this resolution requires a “duly advertised public
hearing.” Also see N.H. RSA 33:9, which requires a 2/3 vote of all the members for passage of
this resolution.

The bonds shall be general obligations of the City of Nashua, payable as to principal and
interest from ad valorem taxes, which will be levied without limitation as to rate or amount on all
taxable property within the territorial limits of the City of Nashua.

The bonds shall bear the manual or facsimile signature of the City Treasurer and the
Mayor. In accordance with Chapter 91 of the New Hampshire Acts of 2005, bonds issued

RESOLUTION R-21-128

pursuant to this resolution shall not require an authenticating certificate of a bank or trust
company doing business in the State of New Hampshire or The Commonwealth of
Massachusetts, or the Commissioner of Revenue Administration.

The bonds are to be issued in fully-registered form by means of a book-entry system or
otherwise and shall have such terms and conditions and be in such form, subject to the provisions
of this resolution and applicable law, as shall be determined by the Mayor and the City
Treasurer.

RESOLVED FURTHER, that the Mayor is authorized to enter into the required
contracts therefor as well as any amendments to be made thereto or any other documentation
necessary for the receipt of said funds.

21.

22.

of the City of Nashua and all such materials shall be remitted and delivered, at Independent
Contractor's expense, by Independent Contractor to the City of Nashua upon completion,
termination, or cancellation of this contract. Alternatively, if the City of Nashua provides its
written approval to Independent Contractor, any books, reports, studies, photographs, negatives or
other documents, data, drawings or other materials including but not limited to those contained in
media of any sort (e.g., electronic, magnetic, digital) prepared by or supplied to Independent
Contractor in the performance of its obligations under this contract must be retained by
Independent Contractor for a minimum of four years after final payment is made and all other
pending matters are closed. If, at any time during the retention period, the City of Nashua, in
writing, requests any or all of the materials, then Independent Contractor shall promptly remit and
deliver the materials, at Independent Contractor's expense, to the City of Nashua. Independent
Contractor shall not use, willingly allow or cause to have such materials used for any purpose
other than the performance of Independent Contractor's obligations under this contract without
the prior written consent of the City of Nashua.

PUBLIC RECORDS LAW, COPYRIGHTS, AND PATENTS Independent Contractor expressly agrees
that all documents ever submitted, filed, or deposited with the City of Nashua by Independent
Contractor (including those remitted to the City of Nashua by Independent Contractor pursuant to
paragraph 20), unless designated as confidential by a specific statue of the State of New
Hampshire, shall be treated as public records and shall be available for inspection and copying by
any person, or any governmental entity.

No books, reports, studies, photographs, negatives or other documents, data, drawings or other
materials including but not limited to those contained in media of any sort (e.g., electronic,
magnetic, digital) prepared by or supplied to Independent Contractor in the performance of its
obligations under this contract shall be the subject of any application for a copyright or patent by
or on behalf of Independent Contractor. The City of Nashua shall have the right to reproduce any
such materials.

Independent Contractor expressly and indefinitely waives all of its rights to bring, including but
not limited to, by way of complaint, interpleader, intervention, or any third party practice, any
claims, demands, suits, actions, judgments, or executions, for damages or any other relief, in any
administrative or judicial forum, against the City of Nashua or any of its officers or employees, in
either their official or individual capacity of the City of Nashua, for violations of or infringement
of the copyright or patent laws of the United States or of any other nation. Independent
Contractor agrees to indemnify, to defend, and to hold harmless the City of Nashua, its
representatives, and employees from any claim or action seeking to impose liability, costs, and
attomey fees incurred as a result of or in connection with any claim, whether rightful or
otherwise, that any material prepared by or supplied to Independent Contractor infringes any
copyright or that any equipment, material, or process (or any part thereof) specified by
Independent Contractor infringes any patent.

Independent Contractor shall have the right, in order to avoid such claims or actions, to substitute
at its expense non-infringing materials, concepts, products, or processes, or to modify such
infringing materials, concepts, products, or processes so they become non-infringing, or to obtain
the necessary licenses to use the infringing materials, concepts, products, or processes, provided
that such substituted or modified materials, concepts, products, or processes shall meet all the
requirements and be subject to all the terms and conditions of this contract.

FINAL ACCEPTANCE Upon completion of all work under the contract, Independent Contractor
shall notify the City of Nashua in writing of the date of the completion of the work and request
confirmation of the completion from the City of Nashua. Upon receipt of the notice, the City of
Nashua shall confirm to Independent Contractor in writing that the whole of the work was

GC 9 of 12

LEGISLATIVE YEAR 2021

RESOLUTION: R-21-128
PURPOSE: Authorizing the Mayor and City Treasurer to issue bonds not

to exceed the amount of one million five hundred fifty
thousand dollars ($1,550,000) to pay additional costs of the
Police Department’s heating, ventilation, and air conditioning
system, window improvements, and locker area improvement

project
SPONSOR(S): Mayor Jim Donchess
Alderman-at-Large Lori Wilshire
Alderman Richard Dowd
COMMITTEE Budget Review Committee
ASSIGNMENT: Board of Police Commissioners
FISCAL NOTE: It is anticipated that the bond would be sold in FY 22/23 for a term

of twenty years. It is estimated the interest rate will be
approximately 2.5% and the total cost of the bond will be
approximately $1,956,875 including interest. The average annual
payment will be approximately $97,800 with the beginning years
at a higher amount.

ANALYSIS

This resolution authorizes the City to issue and sell general obligation bonds up to $1,150,000 in
additional bond funding for the Police Department building renovations. (See R-19-127.) With
the approval of this bond the total amount available for the renovation project will be
$4,350,000. The original request for the project was in the FY 2019 Capital Improvement
Project.

Pursuant to Nashua City Charter §54-a, this resolution requires a “duly advertised public
hearing”. Also see NH RSA 33:9, which requires a 2/3 vote of all the members for passage of
this resolution.

This legislation should be referred to the Board of Police Commissioners for its review and
approval.

Approved as to account Financial Services Division
structure, numbers and |
amount: By: _/s/John Griffin

Approved as to form: Office of Corporation Gale.
By: Verb

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A regular meeting of the Board of Aldermen was held Tuesday, April 13, 2021, 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-at-Large Brandon Michael Laws 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 Governor's 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:

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

To access Zoom, please refer to the agenda or the City’s website for the meeting link.

To join by phone dial: 1-929-205-6099 - Meeting ID: 87482551110 Passcode: 999999

The public may also view the meeting via Channel 16.

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 and Nashua Public Library.

If anyone has a problem accessing the meeting via phone or Channel 16, please call 603-821-2049 and they will
help you connect.

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.

The roll call was taken with 14 members of the Board of Aldermen present: Alderman Michael B. O’Brien, Sr.,
Alderman Patricia Klee, Alderwoman Shoshanna Kelly, Alderman Richard A. Dowd, Alderman June M. Caron,
Alderman Benjamin Clemons, Alderman Thomas Lopez, Alderman David C. Tencza, Alderwoman Elizabeth
Lu, Alderman Ernest Jette, Alderman Jan Schmidt, Alderman Brandon Michael Laws, Alderman Linda Harriott-
Gathright, Alderman Wilshire.

Alderman Skip cleaver was recorded absent.

Mayor James W. Donchess, Corporation Counsel Steve Bolton, were also in attendance.