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O-2 1-070

ORDINANCE

ALLOWING PERMITTED OVERNIGHT PARKING ON MYRTLE STREET

CITY OF NASHUA

in the Year Two Thousand and Twenty-One

The City of Nashua ordains that Part Il “General Legislation”, Chapter 320 “Vehicles
and Traffic”, Articie XIII “Night Parking” Section 320-78.1 “Overnight on-street parking
program in designated downtown areas”, subsection E of the Nashua Revised Ordinances, as
amended, be and hereby is further amended by adding the following new underlined language in
the appropriate alphabetical order:

*320-78.1. Overnight on-street parking program in designated downtown areas.

There shall be a program for on-street overnight parking as described below.

E. The streets where overnight parking is permitted are as follows:
Name of Street Location
Myrtle Street South side. 42? head-in parking spots
Myrtle Street South side, 5 parking spots on the hammerhead

turmmaround at the easterly end”

This ordinance shall become effective 30 days after the Economic Development Director
receives written notice that notice to proceed for construction has been issued for the
redevelopment of the Bronstein parcel. The Economic Development Director will inform the
City Clerk when such notice is received.

LEGISLATIVE YEAR 2021

ORDINANCE: O-2.1-070

PURPOSE: Allowing permitted overnight head-in parking on Myrtle
Street

ENDORSERS: Mayor Jim Donchess

COMMITTEE

ASSIGNMENT:

FISCAL NOTE: Revenue: permit fees of $10 each. Possible loss of revenue

from overnight parking tickets. Estimated cost of materials,
labor, and vehicle overhead for signage only: $257.00

ANALYSIS

This legislation adds head-in parking on Myrtle Street to the overnight on-street parking
program. Pursuant to subsection A(1) of the ordinance, residents of the streets where overnight
parking is permitted are allowed to purchase an annual permit, with a maximum number of 550
permits to be issued.

Approved as to form: Office of Corporation Counsel

By: /s/ Celia K, Leonard

Date: August 3, 2021

t_™ Advanced Presentation Systems, Inc.
C C S Confidential Proposal dba CCS Presentation Systems
qT 132 Northeastern Blvd.
Nashua, NH 03062

ACCEPTANCE

ACCEPTANCE

$23,562.68
NET30 $2,376.00
$4,480.00
$720.00
$2,920.00
SUBTOTAL $34,058.68
TOTAL TAX (TAX EXEMPT) $0.00
PROJECT TOTAL $34,058.68
OPTIONS
TRAINING ROOM WALL MOUNTED DISPLAY OPTION +§842.04
ADD STORAGE ON STREAMING DEVICE OPTION +§1,575.00
SERVICE AGREEMENT OPTION +$1,495.00

TERMS

Invoices are subject to 1.5% interest charge if not paid within the terms. Returns are allowed within 30 days and with a 25% Restocking fee. No returns on
custom items.

| accept this proposal and hereby authorize CCS New England at 132 Northeastern Blvd Nashua, NH 03062 to proceed with the purchase of the included
equipment for the facilities of Nashua Fire Rescue constructing at 177 Lake Street Nashua, NH 03060 as described in the totality of this document. In keeping with
the Terms of Payment listed above. This proposal is valid only if accepted in writing by Nashua Fire Rescue within thirty days of the Proposal / Quote Date and
the deposit (if required by the terms) is received on or by the Acceptance Date. Price quotes contained herein shall remain valid for a period of no more than 30
days from the Acceptance Date, after which pricing may be subject to increases due to fluctuations in tariffs assessed to CCS on products imported from abroad
All pricing is subject to change after 7 days from the date of this proposal. Customer understands, acknowledges and assumes full responsibility for any such
price increase due to fluctuations in tariff charges incurred after 30 days from the Acceptance Date.

WARRANTY
CCS warrants the system installation to be free of defects in workmanship and fit for the intended purpose for a period of 1-year parts and 90 days labor. This
warranty does not cover equipment or system abuse, misuse including but not limited to:

@ Operating outside of environmental, electrical, temperature or humidity specifications

@ System alterations, not approved, nor performed by CCS or bya service facility other than those authorized by the manufacturer.

@ Customer alterations, changes to and or modifications to system equipment. Restoration of system to original state will be billed on a time and
materials basis.

After one-year parts and 90 days labor, any future service requirements will be billed on a time and materials basis unless a CCS Service Contract is in place. All
new equipment, provided by CCS, includes the manufacturer’s warranty. CCS warrants that all AV equipment will be installed in accordance with the
manufacturer’s recommended environmental and electrical operating conditions and requirements. CCS systems are under warranty against defects in
workmanship for a period of 1-year parts and 90 days labor from the date of system acceptance or substantial completion. Owner furnished equipment and
products not purchased from CCS are not covered under warranty.

GENERAL

MA State Contract OFF50/ MHEC Contract B11 10 of 12 Version NH-2021-10-19 February 28, 2022
8(m) EDWOSB/WOSSB - Cage Code 1G7P0

Certified Small, Minority, Woman-Owned Business

(MA. NH, RI, NY)

AGENDA MEETING OF THE BOARD OF ALDERMEN OCTOBER 26, 2021

7:30 PM Aldermanic Chamber and by Zoom

Join Zoom Meeting: https://us0O2web.zoom.us/j/8822287578 |? pwd=N1 YwMi9BLORSOXM3Q0Y4Y3p1MUdYdz09
Meeting ID: 882 2287 5781 Passcode: 172757

Join by phone: 1-929-205-6099
Meeting ID: 882 2287 5781 Passcode: 172757

If for some reason you have problems with connectivity, please contact us at (603) 589-3329 and someone will assist you. The
public may also view the meeting via Channel 16.

1. PRESIDENT LORI WILSHIRE CALLS ASSEMBLY TO ORDER

PRAYER OFFERED BY CITY CLERK SUSAN K. LOVERING
PLEDGE TO THE FLAG LED BY ALDERMAN RICHARD A. DOWD
ROLL CALL

REMARKS BY THE MAYOR

RESPONSE TO REMARKS OF THE MAYOR

RECOGNITIONS

o NO oO Fk WN

READING OF MINUTES OF PREVIOUS MEETINGS

Special Board of AIGErMe N...... 0... ccc cece cece ee cee eee eee cee n ee nee ene ene ete een EE EEE EEE eae eta EEE EEE 10/07/2021
Special Board of AIGErMen......... 0.0... ccc ccc cee cee cee cee eee eee cee nee nee eee ene ete cen eE et tae eae eta a EE EES 10/12/2021
Board of Aldermen. ........ 02.2.2... ccc eee cee eee cee cee cece e eee ee eee cee eae ceases eee aeesaeaeeceeaeeeeessnises 10/12/2021
Special Board of AIGErMen............ cc ccc ccc ee ee cee cence eee ee eee een nee nee ene ene ete bend eE GEE ene eta aes 10/14/2021

9. COMMUNICATIONS REQUIRING ONLY PROCEDURAL ACTIONS AND WRITTEN REPORTS
FROM LIAISONS

From: Lisa A. Fauteux, Director of Public Works

Re: Referrals from Board of Aldermen — R-21-165, R-21-166 and R-21-169

From: Dorothy Clarke, Esquire

Re: R-21-181 “Authorizing Pennichuck Corporation and Pennichuck East Utility, Inc. to enter into a loan with
CoBank, ACB”

9(a). PERIOD FOR PUBLIC COMMENT RELATIVE TO ITEMS EXPECTED TO BE ACTED UPON THIS EVENING
9(b). COMMUNICATIONS REQUIRING FINAL APPROVAL
PETITIONS

NOMINATIONS, APPOINTMENTS AND ELECTIONS

REPORTS OF COMMITTEE
Work Study Group Relative to Police COMMISSIONETS............... 0c. ccccee cee eee eee ees 09/30/2021
Budget Review Committee 2.0.0.0... cece cece ee ene eee cence eee eee eee cena ee ase eae ene een ees 10/06/2021
Finance Committee... 0.2.0... 2.0 cece cee cee cence eee cee eee eee eee eee ee eee cee eee eeeeeesaeaee seas 10/06/2021
Work Study Group Relative to Police COMMISSIONETS............... 0c. ccccee cee eee eee ees 10/07/2021

10. CONFIRMATION OF MAYOR’S APPOINTMENTS

UNFINISHED BUSINESS — RESOLUTIONS

R-21-177
Endorsers: Mayor Jim Donchess
Alderman-at-Large Michael B. O’Brien, Sr.
Alderman Richard A. Dowd
Alderman Thomas Lopez
Alderman Skip Cleaver
Alderman Linda Harriott-Gathright
RELATIVE TO THE SUPPLEMENTAL APPROPRIATION OF $250,000 OF FY2021 ASSIGNED FUND BALANCE INTO
FUND #6500 “PROPERTY & CASUALTY SELF INSURANCE FUND”
e Budget Review Committee with anticipated favorable recommendation

R-21-178
Endorsers: Mayor Jim Donchess

Alderman-at-Large Michael B. O’Brien, Sr.
Alderman Patricia Klee
Alderman Richard A. Dowd
Alderman Jan Schmidt
Alderman Skip Cleaver
Alderman Linda Harriott-Gathright
Alderman-at-Large Lori Wilshire

CHANGING THE USE OF FUNDS FOR A COMMUNITY DEVELOPMENT CAPITAL IMPROVEMENTS PROJECT FROM
MASTER PLAN TO LAND USE CODE UPDATE
e Budget Review Committee with anticipated favorable recommendation

R-21-143
Endorsers: Mayor Jim Donchess

Alderman Thomas Lopez
Alderman-at-Large Brandon Michael Laws
Alderwoman-at-Large Shoshanna Kelly
Alderman Patricia Klee
Alderman Jan Schmidt

PROPOSING AN AMENDMENT TO THE CITY CHARTER RELATIVE TO THE MANNER OF APPOINTMENTS TO THE

NASHUA BOARD OF POLICE COMMISSIONERS

e Tabled at Board of Aldermen August 10, 2021 meeting

UNFINISHED BUSINESS — ORDINANCES

NEW BUSINESS —- RESOLUTIONS

R-21-179
Endorser: Mayor Jim Donchess
AUTHORIZING THE MAYOR TO ENTER INTO A FEDERAL AID PROGRAM PROJECT AGREEMENT WITH THE
STATE OF NEW HAMPSHIRE FOR THE PURPOSE OF INSTALLING RECTANGULAR RAPID FLASHING BEACONS
AND TO ACCEPT FOUR HUNDRED AND FIFTY-TWO THOUSAND DOLLARS ($452,000.00) FOR THE PROJECT

R-21-180
Endorser: Alderman-at-Large David C. Tencza
APPROVING THE COST ITEMS OF A SIDEBAR (MEMORANDUM OF AGREEMENT) BETWEEN THE CITY OF
NASHUA BOARD OF FIRE COMMISSIONERS AND THE NASHUA FIREFIGHTERS ASSOCIATION I.A.F.F. LOCAL
789 REGARDING MILITARY DUTY PAY

R-21-181
Endorser: Alderman-at-Large Lori Wilshire
AUTHORIZING PENNICHUCK CORPORATION AND PENNICHUCK EAST UTILITY, INC. TO ENTER INTO

A LOAN WITH COBANK, ACB

NEW BUSINESS —- ORDINANCES

O-21-072
Endorser: Mayor Jim Donchess

AUTHORIZING FREE HOLIDAY PARKING AT METERS IN ZONE III WHICH INCLUDES THE ELM STREET AND
HIGH STREET PARKING GARAGES FROM DECEMBER 6, 2021 THROUGH JANUARY 1, 2022

PERIOD FOR GENERAL PUBLIC COMMENT

REMARKS BY THE MEMBERS OF THE BOARD OF ALDERMEN

Committee announcements:

ADJOURNMENT

fan) THE CITY OF NASHUA “The Gate City’

Division of Public Works

oAdannistration

Memorandum
To: Board of Aldermen
From: Lisa M. Fauteux, Director of Public Works
Date: September 24, 2021
RE: Referrals from Board of Aldermen — R-21-165, R-21-166 and R-21-169

Please be advised that the Board of Public Works met on September 23, 2021 and voted to
provide the Board of Aldermen with positive recommendations concerning proposed
resolutions R-21-165, R-21-166 and R-21-169.

9 Riverside Street « Nashua, New Hampshire 03062 + Phone (603) 589-3140 « Fax (603) 589-3169

Steven A. Bolton
Corporation Counsel
BoltonS@nashuanh.gov

Celia K. Leonard
Deputy Corporation Counsel
LeonardC@nashuanh.gov

229 Main Street
P.O. Box 2019
Nashua, NH 03061-2019

OFFICE OF
CORPORATION COUNSEL
FIRST MEMORANDUM
TO: Board of Aldermen
FROM: Office of Corporation Counsel
Dorothy Clarke, Esquire
DATE: October 21, 2021
RE: R-21-181 “Authorizing Pennichuck Corporation and Pennichuck East Utility, Inc.

CITY OF NASHUA

to enter into a loan with CoBank, ACB”

Dorothy Clarke
Deputy Corporation Counsel
DoryC@nashuanh.gov

Nicole M. Clay
Attomey/RTK Coordinator
ClavyN@nashuanh gov

T: (603) 589-3250
F; (603) 589-3259
Legal@nashuanh.gov

Attached please find a letter from Pennichuck with supporting information for Resolution

R-21-181 “Authorizing Pennichuck Corporation and Pennichuck East Utility, Inc. to enter into a

loan with CoBank, ACB”.

Please note that the letter references Attachment B, which is a confidential term sheet for

the term loan with CoBank, ACB. This attachment is not included in the document attached to

this memo. This document, which is a confidential financial document, will be provided to the

Board separately.

V2 PENNICHUCK:

25 WALNUT STREET
PO BOX 428

NASHUA, NH 03061-0428

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

WWW.PENNICHUCK.COM
October 8, 2021

Mr. Steven A. Bolton
Corporation Counsel
City of Nashua

229 Main Street
Nashua, NH 03060

Re: Pennichuck East Utility, Inc. — Request for Approval of Term Loan with CoBank, ACB

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 resolutions authorizing Pennichuck’s regulated public water utility subsidiary,
Pennichuck East Utility, Inc. (“PEU”), to enter into a term loan with CoBank, ACB (“CoBank”).

Background. As part of the City’s acquisition of Pennichuck, in accordance with special
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.

Shareholder Approval of Borrowings Required. Under Article [X of Pennichuck’s Articles of

Incorporation, the City, acting in its capacity as Pennichuck’s sole shareholder, must approve:
p y g pacity pp

“(3) any action to (A) create, incur or assume any indebtedness for borrowed
money or guarantee any such indebtedness of any person, (B) tssue 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.”

-2-

Proposed Term Loan Borrowing from CoBank

PEU is a New Hampshire public utility corporation providing retail water service to approximately
8,565 customers in the New Hampshire towns of Atkinson, Barnstead, Bow, Chester, Conway,
Derry, Exeter, Hooksett, Lee, Litchfield, Londonderry, Middleton, Pelham, Plaistow, Raymond,
Sandown, Tilton, Weare and Windham. PEU is wholly-owned by Pennichuck which, in turn, is
wholly-owned by the City.

PEU has entered into a Master Loan Agreement with CoBank dated as of February 9, 2010 (the
“Master Loan Agreement”), which provides the framework for CoBank to make loans to PEU from
time to time. A copy of the Master Loan Agreement is attached to this letter as Attachment A.

PEU requests the City’s approval for PEU to enter into a term loan with CoBank in an amount of
up to $2,550,000 with an amortization period of up to 25 years, with an interest rate to be
determined based on market conditions (currently estimated at approximately 4.25% per annum).
A copy of the CONFIDENTIAL term sheet for the term loan with CoBank is attached to this
letter as Attachment B.

The proceeds from the CoBank loan will be used for “one time” use of debt funds to refill PEU’s
Rate Stabilization Funds (“RSF funds”) to their imprest levels, in conjunction with the
implementation of new rate structure elements in PEU’s current permanent rate proceeding before
the NH Public Utilities Commission (Docket No. DW 20-156), including the implementation of a
Material Operating Expense Factor (“MOEF”) in its allowed revenues which is designed to
maintain the RSF funds at or near their imprest levels on a going forward basis.

The CoBank loan will be secured by (i) a security interest in PEU’s equity interest in CoBank
(consisting of PEU’s $212,825 earned equity investment in CoBank from patronage dividends
received since 2010, and PEU’s right to receive future patronage dividends), and (ii) the
unconditional guarantee of PEU’s obligations to CoBank by Pennichuck pursuant to the
Guarantee of Payment (Continuing) dated as of February 9, 2010 between Pennichuck and
CoBank (the “Guaranty Agreement”), a copy of which is attached to this letter as Attachment C.

The Lender — CoBank, ACB. CoBank is a government sponsored enterprise (“GSE”) owned by
its customers, who consist of agricultural cooperatives, rural energy, communications and water
companies and other businesses that serve rural America. As a GSE, CoBank issues its debt
securities with the implicit full faith and credit of the United States Government and uses these
low-cost funds to make loans to companies like PEU that meet its charter requirements. Asa
result of the implicit backing of the U.S. Government, CoBank’s borrowing costs are lower than
commercial banks and financial institutions, and these lower costs are passed on to its borrowers.
In addition to the tower rates, CoBank loans generally have fewer covenants or restrictions as
compared to loans from commercial banks and other financial institutions.

Approval by Pennichuck and PEU. The CoBank loan and guaranty have been approved by the
Board of Directors of Pennichuck and PEU.

Pennichuck recommends that the City authorize (i) PEU to enter into the loan with CoBank; and
(ii) Pennichuck to guaranty the loan.