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RESOLUTION:

PURPOSE:

ENDORSERS:

COMMITTEE

ASSIGNMENT:
FISCAL NOTE:

LEGISLATIVE YEAR 2021
R-21-172

Authorizing the Mayor to enter into a Second Amendment to
Concession Agreement with Granite Diamond, LLC

Mayor Jim Donchess

Finance Committee

This Second Amendment to Concession Agreement will
generate a maximum of $28,000 in game fees for the use of
Holman Stadium per baseball season. The City will also receive
40% of net profits of concession sales from City non-league
games and sponsored events. Having this Concession
Agreement does require an increased cost for utilities, grounds
maintenance and overtime.

ANALYSIS

This resolution authorizes the Mayor to enter into a Second Amendment to Concession
Agreement with Granite Diamond, LLC. This Second Amendment extends the Concession
Agreement for an additional year, through December 31, 2022, continuing all the other terms of
the Concession Agreement. The per game fee remains the same.

Approved as to form:

Office of Corporation Counsel

By: Dp. Coa Bs
Date: Septendae. dd, aoe-l

O-21-071

ORDINANCE

REMOVING THE FINE LIMITATION ON ANIMAL ORDINANCE VIOLATIONS
RELATING TO DOGS

CITY OF NASHUA

In the Year Two Thousand and Twenty-One

The City of Nashua ordains that Part I] “General Legtslation”, Chapter 93 “Animals”,
Article I “Rules of Keeping Animals”, Section 93-14 “Violations and penalties” of the Nashua
Revised Ordinances, as amended, be hereby further amended by deleting the struck-through
language as follows:

Ҥ 93-14, Violations and penalties.

Any owner found violating any provision of this article shall be guilty of a violation and
upon conviction thereof shall be punished as provided in § 1-12 of the City Code-execept

SPECtCrlr wr cr ek RT Te oS a =

This ordinance shall become effective immediately upon passage.

LEGISLATIVE YEAR 2021

ORDINANCE: O-21-071
PURPOSE: Removing the fine limitation on animal ordinance violations

relating to dogs

ENDORSER(S): Alderman Patricia Klee
Alderman Thomas Lopez

COMMITTEE
ASSIGNMENT: Personnel /Administrative Affairs Committee
FISCAL NOTE: No fiscal impact.

ANALYSIS

This legislation removes the fine limitation on animal ordinance violations relating to dogs, so
that violations of the “Rules for Keeping of Animals” article of the ordinances will be treated the
same for all animals. NRO §1-12 is the general penalty for violations of ordinances section, and
it provides for a fine of not more than $1,000. This legislation was discussed by the Animal and
Dog Park Advisory Committee.

Approved as to form: Office of Corporation Counsel

By: pet, (Sober
Date: \G Septender IO

A special meeting of the Board of Aldermen was held Monday, September 27, 2021, at 7:00 p.m. in the aldermanic
chamber as well as via Zoom teleconference.

President Lori Wilshire presided; Deputy City Clerk Allison Waite recorded.
Prayer was offered by Deputy City Clerk Allison Waite; Alderwoman Elizabeth Lu led in the Pledge to the Flag.

To join by Zoom — please refer to the agenda or the website for the meeting link and telephone number.

Let’s start the meeting by taking a roll call attendance. When each member states their presence, please indicate if
participating via Zoom state why you are not meeting in person and whether there is anyone in the room with you during
this meeting which is required under the Right-To-Know Law.

Deputy City Clerk Waite called the roll and asked them to state the reason he or she could not attend, confirmed that
they could hear the proceedings, and stated who was present with him or her.

The roll call was taken with 10 members of the Board of Aldermen present: Alderman Michael B. O’Brien, Sr.,
Alderwoman Shoshanna Kelly (via Zoom), Alderman Richard A. Dowd, Alderman June M. Caron, Alderman David C.
Tencza, Alderwoman Elizabeth Lu, Alderman Ernest Jette, Alderman Skip Cleaver (via Zoom), Alderman Linda
Harriott-Gathright, Alderman Wilshire.

Alderman Patricia Klee, Alderman Benjamin Clemons, Alderman Thomas Lopez, Alderman Jan Schmidt, and
Alderman Brandon Michael Laws were recorded absent.

President Wilshire to turn the meeting over to Alderman Richard A. Dowd.
Alderman Dowd

Yes, we have three items for public hearings this evening. The first is R-21-168 Relative to the Transfer of $30,000
from Account 70100 “General Contingency” to Accounting Classification 51 “Salaries & Wages’ in Administrative
Services ($25,000) and Economic Development ($5,000) for the Purpose of Funding Salaries and Establishing an
Opioid Abatement Expendable Trust Fund Funded by Appropriations and Making a Supplemental Appropriation of
$27,223.40 into the Expendable Trust Fund. Is there anyone here that’s going to give us an overview of this
Resolution?

Director Bobbie Bagley, Division of Public Health and Community Services

Yes good evening. Bobbie Bagley, Director for the Division of Public Health and Community Services. Just here to
give information on establishing the trust fund for the opioid abatement. This is going to be funds that will be coming
into the city from several suits that have been filed against several of the pharmaceutical companies that produced
opioid drugs over the next 18 years. As a result of this, the funds will be distributed over that period of time in different
amounts and allocations to the City of Nashua as well as to the other parts of our State as well.

These funds are to be used for recovery work for services that include intervention, treatment, and recovery services
that will help mitigate opioid use disorder. The objective of getting this funding is to distribute this to services
providers in our community that are providing these particular services so we can extend and tie it with opioid use and
substance use disorder. So it’s very specific to the opioid resettlement that’s expected to come to the State of New
Hampshire over a period of 18 years from different resettlements that have been filed over the course of time.
Chairman Dowd

All set?

Director Bobbie Bagley, Division of Public Health and Community Services

Thank you.

Chairman Dowd

Is there any explanation for the other part of the Resolution?

Special Board of Aldermen 09-27-2021 Page 2

Director Kim Kleiner, Administrative Services

Good evening. Kim Kleiner, Administrative Services Director. So one piece of legislation is not tied to the other. The
first part of the legislation on the agenda is the transfer of $25,000 into Administrative Services and the transfer of
$5,000 into salaries and wages for Economic Development. That’s actually 164. 168 is the legislation that Director
Bagley is speaking to. They are not linked together but I’m happy to give you an overview of 164 the salaries and
wages.

Chairman Dowd

You're right. There are two different ones. | don’t know why they were combined. We'll address 164 first and then do
168 but we have both explanations.

Director Kim Kleiner, Administrative Services

Certainly.
Chairman Dowd
Relative to R-21-164.

Director Kim Kleiner, Administrative Services

This legislation is for a transfer of $25,000 into the Administrative Services salaries and wages of $25,000 and $5,000
into the salaries and wages for Economic Development.

President Wilshire

Was that Resolution 168?

Chairman Dowd

164. On the word document we got, they were combined under 168 and they should have been two — 164, and 168.
President Wilshire

Which one here is 168 and 169?

Alderman O’Brien

That’s true.

President Wilshire

That’s what’s on the agenda.

Director Kim Kleiner, Administrative Services

| believe 164 may come at Budget Review. | don’t believe that it requires a public hearing but I'll defer to Mr. Griffin.

John Griffin, CFO

Yes Mr. Chairman and members of the committee. | was just going to say it was never the intent for Resolution 164
to be a public hearing because it’s a transfer.

Chairman Dowd

Okay.

Special Board of Aldermen 09-27-2021 Page 3

John Griffin, CFO

We noticed it late this afternoon and tried to contact the legislative office but we thought we'd be able to explain it
here. So there really isn’t any need to have a agree and disagree for 164.

Chairman Dowd
So we only need a public hearing on 168 and 169?

John Griffin, CFO

Correct.
Chairman Dowd

So 168 was just described to us about the opioid abatement expendable trust fund that was explained by Director
Bagley. Okay. So on R-21-168 I'll take any testimony in favor.

PUBLIC HEARINGS
R-21-168
ESTABLISHING AN OPIOID ABATEMENT EXPENDABLE TRUST FUND FUNDED BY APPROPRIATIONS AND
MAKING A SUPPLEMENTAL APPROPRIATION OF $27,223.40 INTO THE EXPENDABLE TRUST FUND

TESTIMONY IN FAVOR - None
TESTIMONY IN OPPOSITION - None
TESTIMONY IN FAVOR - None
TESTIMONY IN OPPOSITION - None
Chairman Dowd closed the public hearing on Resolution R-21-168 at 7:09 p.m.
Chairman Dowd opened the public hearing on Resolution R-21-169 Authorizing the City of Nashua to Enter into an
Agreement and Consent to Joint Use with Liberty Utilities and Making a Supplemental Appropriation of $38,394. Who
is going to give us an overview of that?
Dan Hudson, City Engineer
| can do that Mr. Chair. So Dan Hudson, City Engineer. The city has a drainage and sewer easement which runs off
the end of Swart Terrace towards the railroad to the east. Liberty Utilities wishes to upgrade their gas service to that
neighborhood. They have a high pressure main along the railroad so they're seeking to co-exist in our easement for a
portion of it because where it comes to Swart Terrace is narrow.
Working with Legal, we’ve drafted an agreement with them. It involves them paying us to line one of our drainage
pipes which is in close proximity to this proposed gas line. Those linings are now good for 50 plus years, 75 years, or
something like that. So we’re comfortable with this co-existence and this easement area with a provision that that
lining occur. So the $38,394 that’s derived from our lining contract with our contractor, and their unit rates, and this is
no cost to the city. This is Liberty making that contribution in return for us granting this right to co-exist on our
easement.

Chairman Dowd

Any questions from any of the Aldermen on this Resolution? Seeing none, I'll open up the public hearing on R-21-
169.

Special Board of Aldermen 09-27-2021 Page 4

R-21-169

AUTHORIZING THE CITY OF NASHUA TO ENTER INTO AN AGREEMENT AND CONSENT TO JOINT USE
WITH LIBERTY UTILITIES AND MAKING A SUPPLEMENTAL APPROPRIATION OF $38,394

TESTIMONY IN FAVOR
Andrew Mills

My name is Andrew Mills. | work for Liberty Utilities. We're at 38 Bridge Street in Nashua. Just to kind of quickly
highlight the need for this easement. So we are trying to as we continue to work to replace our aging infrastructure in
the city, all of our cast iron that’s 100 plus years old, this easement will allow us to cross and continue that goal.
Without this easement, we won’t be capable of replacing over a 2,000 feet of old bear steel from the early 1960s and
some of it is from 1910. So this easement will allow us to replace some gas main before the city decides to pave
Swart Terrace either at the end of this year or early next year preventing future leaks under a brand new road and
helps our long-term goal of as | said replacing our aging infrastructure to allow all around allow a safer distribution
system in the City of Nashua. Thank you.

TESTIMONY IN OPPOSITION - None

TESTIMONY IN FAVOR - None

TESTIMONY IN OPPOSITION - None

Chairman Dowd closed the public hearing on Resolution R-21-169 Authorizing the City of Nashua to Enter into an
Agreement and Consent to Joint Use with Liberty Utilities and Making a Supplemental Appropriation of $38,394 at
7:13 p.m.

ADJOURNMENT

MOTION BY ALDERWOMAN O’BRIEN THAT THE SEPTEMBER 27, 2021, SPECIAL MEETING OF THE BOARD
OF ALDERMEN BE ADJOURNED, 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, Alderwoman Kelly, Alderman Dowd, Alderman Caron,

Alderman Clemons, Alderman Tencza, Alderwoman Lu, Alderman Jette,

Alderman Cleaver, Alderman Harriott-Gathright, Alderman Wilshire 11
Nay: 0
MOTION CARRIED

The meeting was declared adjourned at 7:14 p.m.

Attest: Allison Waite, Deputy City Clerk

SPECIAL BOARD OF ALDERMEN
SEPTEMBER 27, 2021

7:00 PM Aldermanic Chamber and via Zoom

Join Zoom Meeting: https://usO2web.zoom.us/j/83472411294?pwd=eDIijVi9weD VXWXIRQzhtRHRXQkRXUTOY
Meeting ID: 834 7241 1294 Passcode: 044143

Join by telephone: 1-929-205-6099
Meeting ID: 834 7241 1294 Passcode: 044143

If anybody has a problem accessing the meeting via phone or Channel 16, please call 603-589-3329 and they will help you
connect.

PRESIDENT LORI WILSHIRE CALLS ASSEMBLY TO ORDER

PRAYER OFFERED BY CITY CLERK SUSAN K. LOVERING
PLEDGE TO THE FLAG LED BY ALDERMAN JAN SCHMIDT
ROLL CALL

PUBLIC HEARINGS

R-21-168
RELATIVE TO THE TRANSFER OF $30,000 FROM ACCOUNT 70100 “GENERAL CONTINGENCY”
TO ACCOUNTING CLASSIFICATION 51 “SALARIES & WAGES” IN ADMINISTRATIVE SERVICES
($25,000) AND ECONOMIC DEVELOPMENT ($5,000) FOR THE PURPOSE OF FUNDING SALARIES
ESTABLISHING AN OPIOID ABATEMENT EXPENDABLE TRUST FUND FUNDED BY
APPROPRIATIONS AND MAKING A SUPPLEMENTAL APPROPRIATION OF $27,223.40 INTO THE
EXPENDABLE TRUST FUND

Testimony in Favor
Testimony in Opposition
Testimony in Favor

Testimony in Opposition

R-21-169

AUTHORIZING THE CITY OF NASHUA TO ENTER INTO AN AGREEMENT AND CONSENT TO
JOINT USE WITH LIBERTY UTILITIES AND MAKING A SUPPLEMENTAL APPROPRIATION OF
$38,394

Testimony in Favor
Testimony in Opposition
Testimony in Favor

Testimony in Opposition

ADJOURNMENT

R-21-168

RESOLUTION

ESTABLISHING AN OPIOID ABATEMENT EXPENDABLE TRUST FUND FUNDED
BY APPROPRIATIONS AND MAKING A SUPPLEMENTAL APPROPRIATION OF
$27,223.40 INFO THE EXPENDABLE TRUST FUND

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
31:19-a, the City of Nashua hereby establishes an opioid abatement expendable trust fund, for
the purpose of accepting payments from the New Hampshire Opioid Abatement Trust Fund used
for all opioid-related settlement funds or judgments.

Funds will be used in accordance with RSA 126-A:86 I (1) through (14) for the
intervention, treatment, and recovery services related to opioid use disorder.

The Mayor is appointed as the agent to expend. Any balance remaining in the
expendable trust fund at each fiscal year end will not lapse or be closed out to the General Fund,
but will remain in this expendable trust fund.

FURTHERMORE, BE IT RESOLVED by the Board of Aldermen of the City of
Nashua to appropriate $27,223.40 of Fiscal Year 2021 unanticipated revenue from Department
#118 “Other General Government”, Accounting Classification #43 “Intergovernmental
Revenue”, Account #43594 “Opioid Litigation Funds” into this new opioid abatement
expendable trust fund, which represents a recently received payment from the State of New
Hampshire from the State Trust Fund noted above.

LEGISLATIVE YEAR 2021

RESOLUTION: R-21-168
PURPOSE: Establishing an opioid abatement expendable trust fund

funded by appropriations and making a supplemental
appropriation of $27,223.40 into the expendable trust fund

SPONSOR(S): Mayor Jim Donchess

COMMITTEE
ASSIGNMENT: Budget Review Committee
FISCAL NOTE: Establishes a restricted fund to account for appropriations

designated for a specific purpose. Supplemental appropriation
of money received by the City for this purpose.

ANALYSIS

This legislation establishes a non-lapsing opioid abatement expendable trust fund, funded by
appropriations, to be used for the purposes listed in the legislation. RSA 31:19-a, I provides
for an annual accounting and report of the activities of the trust.

This legislation also appropriates $27,223.40 of FY2021 unanticipated revenue from Other
General Government — Intergovernmental Revenue — Opioid Litigation Funds into the new
expendable trust fund. This money is a recently received payment from the New Hampshire
Opioid Abatement Trust Fund used for all opioid-related settlement funds or judgements. The
City anticipates future payments from the State, which will also be appropriated into this
expendable trust fund. The time span of receiving these payments can be up to 18 years.

Charter Sec. 53 permits specific non-budget, supplementary appropriations. There should be
notice and a public hearing. A two-thirds vote is required under Charter Sec. $6-b for an item or
amount not in the mayor’s budget. A roll call is required under Charter Sec. 49.

Approved as to account Financial Services Division
structure, numbers, .
and amount: By: /s/David G. Fredette

Approved as to form: Office of Corporation Counsel
By: | Bul
Date: « Sepwniee Zon