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LEGISLATIVE YEAR 2022

RESOLUTION: R-22-035
PURPOSE: Relative to the adoption of the Fiscal Year 2023 proposed

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

SPONSOR(S): Mayor Jim Donchess
COMMITTEE
ASSIGNMENT: Budget Review Committee
FISCAL NOTE: The tax rate cannot be determined at this time. The entire budget is
a comprehensive package and each component impacts the tax
rate.
ANALYSIS

This resolution adopts the Fiscal Year 2023 Budget for the City’s general, enterprise, special
revenue, and grant 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 1, 2022. Nashua City Charter § 56-b.

Approved as to content, Financial Services Division
account structure, numbers, coe

Approved as to form: Office of C

A regular meeting of the Board of Aldermen was held Tuesday, June 14, 2022, at 7:30 p.m. in the aldermanic
chamber and via Zoom teleconference which meeting link can be found on the agenda and on the City’s
website calendar.

President Lori Wilshire presided; City Clerk Susan Lovering recorded.

Prayer was offered by City Clerk Susan Lovering; Alderman-at-Large Ben Clemons led in the Pledge to the
Flag.

Let’s start the meeting by taking a roll call attendance. If you are participating via Zoom, please state your
presence, reason for not attending the 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.

The roll call was taken with 13 members of the Board of Aldermen present: Alderman O’Brien, Alderman
Sullivan, Alderman Klee, Alderman Moran, Alderman Lopez, Alderman Clemons, Alderman Jette, Alderwoman
Kelly, Alderman Dowd, Alderman Gouveia, Alderman Cathey, Alderman Thibeault, Alderman Wilshire.
Alderman Clemons, Alderman Comeau, and Alderwoman Timmons were recorded absert.

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

REMARKS BY THE MAYOR

RESPONSE TO REMARKS OF THE MAYOR

RECOGNITION PERIOD — None

READING MINUTES OF PREVIOUS MEETINGS

There being no objection, President Wilshire declared the minutes of the Special and regular Board of
Aldermen meetings of the April 25 and April 26, 2022 be accepted, placed on file, and the reading
suspended.

COMMUNICATIONS REQUIRING ONLY PROCEDURAL ACTIONS AND WRITTEN REPORTS
FROM LIAISONS

From: David R. Heath, Treasurer, Nashua Airport Authority
Re: Summary of Financial Position and Operating Results

There being no objection, President Wilshire accepted the communication as read and referred it to the
Budget Review Committee.

From: Larry D. Goodhue, Chief Executive Officer of Pennichuck Corporation
Re: Request for Approval of Loans from the New Hampshire State Revolving Fund to Pennichuck Water Works, Inc.
AMENDED from May 24, 2022 Letter

There being no objection, President Wilshire accepted the communication as read and was included in
the Pennichuck Water Special Committee held earlier this evening.

From: Matt Sullivan, Community Development Division Director
Re: Amendment #1 to Approved FY2023 Capital Improvement Program

From: Donna Graham, Legislative Affairs Manager
Re: Communications Received from the Public

From: Lisa Fauteux, Public Works Division Director
Re: Referral from Board of Aldermen — R-22-029

Board of Aldermen 06-14-2022 Page 2

There being no objection, President Wilshire accepted the communications and placed them on file.

From: Tim Cummings, Economic Development Director
Re: Follow Up Memo/Communication on Keefe Auditorium — Relative to Elm Street Middle School Feasibility Study

There being no objection, President Wilshire accepted the communication as read and referred it to the
Committee on Infrastructure.

From: Tim Cummings, Economic Development Director
Re: Communication — Approval & Place on File A Contract for Professional Engineering Services related to the Nashua
Downtown Riverfront Implementation Project with H.L. Turner Group

From: Tim Cummings, Economic Development Director
Re: Communication — Approval & Place on File a Contract Amendment for Professional Engineering Services related
to the Nashua Downtown Riverfront Implementation Project VHB, Inc. for Water Street Design Services

There being no objection, President Wilshire accepted the communications as read and referred them
to the Finance Committee.

PERIOD FOR PUBLIC COMMENT RELATIVE TO ITEMS EXPECTED TO BE ACTED UPON THIS EVENING

COMMUNICATIONS REQUIRING FINAL APPROVAL

From: Mayor Jim Donchess
Re: Multi-Year Contract Award - Single Stream Recycling

MOTION BY ALDERMAN GOUVEIA TO APPROVE, PLACE ON FILE, AND AWARD A THREE YEAR
CONTRACT FOR THE TRANSPORTATION AND PROCESSING OF THE CITY OF NASHUA’S SINGLE
STREAM RECYCLABLES AT AN ANNUAL COST OF $400,000, AND FOR A TOTAL AMOUNT NOT TO
EXCEED $1,200,000 FOR THE THREE YEARS, TO CASELLA RECYCLING, LLC, OF CHARLESTOWN,
MA, PENDING APPROVAL OF THE FY23 OPERATING BUDGET AND SUBJECT TO ANNUAL BUDGET
APPROVALS. THE TERM OF THIS CONTRACT WILL BE FROM JULY 1, 2022 THROUGH JUNE 30, 2025.
FUNDING WILL BE THROUGH: DEPARTMENT: 168 SOLID WASTE; FUND: SOLID WASTE; ACCOUNT
CLASSIFICATION: 55 OTHER CONTRACTED SERVICES

MOTION CARRIED

From: Tim Cummings, Economic Development Director
Re: ARPA Funding Framework

This was tabled at Human Affairs Committee meeting on June 13, 2022.
PETITIONS - None

NOMINATIONS, APPOINTMENTS AND ELECTIONS

Appointments by the Mayor

Cultural Connections Committee

Nonyem Egbuonu (re-appointment) Term to Expire: April 30, 2025
c/o Interfaith Council

P.O. Box 209

Nashua, NH 03061

Board of Aldermen 06-14-2022 Page 3

There being no objection, President Wilshire accepted the nomination and referred him to the
Personnel/Administrative Affairs Committee.

Joint Convention with The Edgewood Cemetery Board of Trustees

There being no objection, President Lori Wilshire declared that the Board of Aldermen meet in joint
convention with The Edgewood Cemetery Board of Trustees for the purpose of re-electing Trustees
Robert Mcintosh and Douglas Gagne and called for a nominations.

Trustee Maffee nominated Robert McIntosh and Douglas Gagne for a five-year term both to expire on
March 31, 2027.

A viva voce roll call was taken on the re-appointments of Robert McIntosh and Douglas Gagne which resulted
as follows:

Yea: Trustee Andrade, Trustee Hollis, Trustee Lozeau, Trustee Maffee,
Trustee McIntosh, Mayor Donchess 6

Alderman O’Brien, Alderman Sullivan, Alderman Klee, Alderman Moran,

Alderman Lopez, Alderman Jette, Alderman Clemons, Alderwoman Kelly,

Alderman Dowd, Alderman Gouveia, Alderman Cathey, Alderman Thibeault,

Alderman Wilshire 13
Nay: 0
MOTION CARRIED

President Wilshire declared Robert McIntosh and Douglas Gagne duly re-appointed to The Edgewood
Cemetery Board of Trustees with terms to expire March 31, 2027.

Oath of Office administered by Corporation Counsel to Robert McIntosh.
There being no objection, President Wilshire declared that the Joint Convention now arise.

REPORTS OF COMMITTEE

Human Affairs Committee... cee ne nee ceeee eee eee eta eee eta eeeenaes 04/18/2022, 05/02/2022, 05/09/2022

There being no objection, President Wilshire declared the reports of the April 18, May 2, and May 9, 2022
regular and Special Human Affairs Committee be accepted and placed on file.

Planning & Economic Development Commiittee............. 02.0. .cecce cence enee neces eee eee eee eeeeaeeeeeeeeeeeeees 04/19/2022

There being no objection, President Wilshire declared the report of the April 19, 2022 Planning & Economic
Development Committee be accepted and placed on file.

lars lace- O10)00100 ||: cre 04/20/2022

There being no objection, President Wilshire declared the report of the April 20, 2022 Finance Committee be
accepted and placed on file.

Budget Review Committee. .............cc ccc ce cece cee eee eee cee ee ee eceee ee ea eee eeeeteeeeeeeeaaeeaeeegaes 04/25/2022, 05/05/2022

There being no objection, President Wilshire declared the reports of the April 25, and May 5, 2022 Budget
Review Committee be accepted and placed on file.

Committee on Infrastructure........ 0000 ccc eee e cece eee ee scat eee eee vee ee saa eeaeeeeeseategaeeneeaeeaeeaaes 04/27/2022

Board of Aldermen 06-14-2022 Page 4

There being no objection, President Wilshire declared the report of the April 27, 2022 Committee on
Infrastructure be accepted and placed on file.

There being no objection, President Wilshire suspended the rules to allow for the oral report of the
Human Affairs Committee meeting held last night regarding proposed Resolutions R-22-025 and
R-22-037 and the communication from Director Cummings on ARPA funding.

Alderman Lopez gave an oral report of the Human Affairs Committee meeting of June 13, 2022 with respect to
Resolutions R-22-025, R-22-037 and the ARPA funding.

There being no objection, President Wilshire suspended the rules to allow for the oral report of the
Pennichuck Water Special Committee meeting held prior to tonight’s Board of Aldermen meeting
regarding proposed Resolutions R-22-036 and R-22-039.

Alderman Klee gave an oral report of the Pennichuck Water Special Committee meeting of June 14, 2022 with
respect to Resolutions R-22-036 and R-22-39.

CONFIRMATION OF MAYOR'S APPOINTMENTS

Board of Registrars

There being no objection, President Wilshire confirmed the new appointment of William Grady, 14 Tinker Road,
Nashua, to the Board of Registrars for a term to expire May 1, 2025.

Oath of Office administered by Corporation Counsel.

Conservation Commission

There being no objection, President Wilshire confirmed the new alternate appointment of Richard Widhu,
23 Syracuse Road, Nashua, to the Conservation Commission for a term to expire May 1, 2025.

Oath of Office administered by Corporation Counsel.

Cultural Connections Committee

There being no objection, President Wilshire confirmed the following reappointment and new appointment to the
Cultural Connections Committee: Deepa Mangalat, 18 Wild Rose Drive, Nashua, for a term to expire February 28,
2025; and Claudia Decker, 59 Robinson Road, Hudson, for a term to expire May 24, 2025.

Oath of Office will be administered at a later date.

Nashua Arts Commission

There being no objection, President Wilshire confirmed the following new appointments to the Nashua Arts
Commission: Joseph Olefirowicz, 35 Newbury Sireet, Nashua; Deanna Hoying, 361 Whitford Street, Manchester;
and Lauren Spira-Savett, 39 Coburn Avenue, Nashua, all with terms to expire May 31, 2025.

Oath of Office administered by Corporation Counsel

UNFINISHED BUSINESS — RESOLUTIONS

R-22-025, Amended
Endorsers: Mayor Jim Donchess
Alderman-at-Large Michael B. O’Brien, Sr.
Alderman Patricia Klee
Alderman-at-Large Melbourne Moran, Jr.
Alderman Thomas Lopez
Alderman Richard A. Dowd

Board of Aldermen 06-14-2022 Page 5

Alderman Derek Thibeault
Alderwoman-at-Large Gloria Timmons
AUTHORIZING THE MAYOR TO APPLY FOR AND EXPEND THE COMMUNITY DEVELOPMENT BLOCK GRANT
(“CDBG”) AND HOME INVESTMENT PARTNERSHIP PROGRAM FUNDS FOR FISCAL YEAR 2023
Given its third reading;

MOTION BY ALDERMAN LOPEZ TO AMEND R-22-025 BY REPLACING IT WITH THE GOLDEN ROD
COPY OF AMENDMENTS MADE AT THE HUMAN AFFAIRS COMMITTEE ON JUNE 13, 2022

MOTION CARRIED

MOTION BY ALDERMAN LOPEZ FOR FINAL PASSAGE OF R-22-025 AS AMENDED
MOTION CARRIED

Resolution R-22-025 declared duly adopted as amended.

R-22-027
Endorsers: Mayor Jim Donchess
Alderman-at-Large Michael B. O’Brien, Sr.
Alderman Patricia Klee
Alderman Alex Comeau
Alderman Richard A. Dowd
Alderman Derek Thibeault
Alderman-at-Large Lori Wilshire
AUTHORIZING THE MAYOR AND CITY TREASURER TO ISSUE BONDS NOT TO EXCEED THE AMOUNT OF
THREE MILLION SEVEN HUNDRED THOUSAND DOLLARS ($3,700,000) FOR THE REPLACEMENT AND
UPGRADE OF RADIO COMMUNICATIONS EQUIPMENT
Given its second reading;

MOTION BY ALDERMAN CATHEY FOR FINAL PASSAGE OF R-22-027
MOTION CARRIED

Resolution R-22-027 declared duly adopted.

R-22-029
Endorsers: Mayor Jim Donchess
Alderman-at-Large Michael B. O’Brien, Sr.
Alderman Patricia Klee
Alderman-at-Large Melbourne Moran, Jr.
Alderman Alex Comeau
Alderman Richard A. Dowd
Alderman Derek Thibeault
AUTHORIZING THE MAYOR AND CITY TREASURER TO BORROW AN AMOUNT NOT TO EXCEED SIX MILLION
NINE HUNDRED THOUSAND DOLLARS ($6,900,000) THROUGH THE ISSUANCE OF BONDS AND/OR A LOAN
THROUGH THE NEW HAMPSHIRE DEPARTMENT OF ENVIRONMENTAL SERVICES STATE REVOLVING LOAN
FUND FOR THE WASTEWATER TREATMENT PLANT DRY WELL VALVE REPLACEMENT PROJECT
Given its second reading;

MOTION BY ALDERMAN JETTE FOR FINAL PASSAGE OF R-22-029
MOTION CARRIED
Resolution R-22-029 declared duly adopted.

R-22-030
Endorsers: Mayor Jim Donchess
Alderman Richard A. Dowd
Alderman Derek Thibeault
Alderman-at-Large Michael B. O’Brien, Sr.

Board of Aldermen 06-14-2022 Page 6

Alderman Patricia Klee

Alderman-at-Large Melbourne Moran, Jr.

Alderman Thomas Lopez

Alderman Alex Comeau

Alderman Tyler Gouveia

Alderman John Cathey

Alderman-at-Large Lori Wilshire
RELATIVE TO THE TRANSFER OF $25,000 FROM DEPARTMENT 194 “CONTINGENCY”, ACCOUNT 70100
“GENERAL CONTINGENCY” TO DEPARTMENT 109 “CIVIC & COMMUNITY ACTIVITIES”, ACCOUNTING
CLASSIFICATION 56 “OUTSIDE AGENCIES” FOR THE PURPOSE OF PROVIDING FUNDING TO THE NASHUA
ASSOCIATION FOR THE ELDERLY

Given its second reading;

MOTION BY ALDERWOMAN KELLY FOR FINAL PASSAGE OF R-22-030
MOTION CARRIED

Resolution R-22-030 declared duly adopted.

R-22-031
Endorsers: Mayor Jim Donchess
Alderman-at-Large Michael B. O’Brien, Sr.
Alderman John Sullivan
Alderman Patricia Klee
Alderman Thomas Lopez
Alderman Richard A. Dowd
Alderman John Cathey
Alderman Derek Thibeault
Alderman-at-Large Lori Wilshire
AUTHORIZING THE CITY OF NASHUA TO ENTER INTO CONTRACTS WITH THE SOUHEGAN VALLEY
TRANSPORTATION COLLABORATIVE, NASHUA COMMUNITY COLLEGE, RIVIER UNIVERSITY, TOWN OF
HUDSON AND TOWN OF MERRIMACK FOR TRANSIT SERVICES
Given its second reading;

MOTION BY ALDERMAN SULLIVAN FOR FINAL PASSAGE OF R-22-031
MOTION CARRIED

Resolution R-22-031 declared duly adopted.

R-22-036
Endorsers: Alderman Patricia Klee

Alderman-at-Large Michael B. O’Brien, Sr.
Alderman Richard A. Dowd
Alderman-at-Large Melbourne Moran, Jr.
Alderman Derek Thibeault
Alderman-at-Large Lori Wilshire

AUTHORIZING PENNICHUCK CORPORATION TO RENEW AND EXTEND ITS LINE OF CREDIT WITH TD BANK,

N.A.

Given its second reading;

MOTION BY ALDERMAN KLEE FOR FINAL PASSAGE OF R-22-036
MOTION CARRIED

Resolution R-22-036 declared duly adopted.

R-22-037
Endorsers: Mayor Jim Donchess

Board of Aldermen 06-14-2022 Page 7

Alderman-at-Large Michael B. O’Brien, Sr.

Alderman John Sullivan

Alderman Patricia Klee

Alderman-at-Large Melbourne Moran, Jr.

Alderman Thomas Lopez

Alderman Richard A. Dowd

Alderman Derek Thibeault

Alderman-at-Large Lori Wilshire
RELATIVE TO THE ACCEPTANCE OF $1,031,630 FROM THE STATE OF NEW HAMPSHIRE DEPARTMENT
OF HEALTH AND HUMAN SERVICES INTO VARIOUS PUBLIC HEALTH AND COMMUNITY SERVICES
GRANT ACTIVITIES

Given its second reading;

MOTION BY ALDERMAN KLEE FOR FINAL PASSAGE OF R-22-037
MOTION CARRIED

Resolution R-22-037 declared duly adopted.

R-22-039
Endorsers: Alderman Patricia Klee
Alderman Thomas Lopez
Alderman-at-Large Michael B. O’Brien, Sr.
Alderman-at-Large Lori Wilshire
AUTHORIZING PENNICHUCK CORPORATION AND PENNICHUCK WATER WORKS, INC. TO BORROW FUNDS
FROM THE STATE OF NEW HAMPSHIRE REVOLVING LOAN FUND
Given its second reading;

MOTION BY ALDERMAN DOWD FOR FINAL PASSAGE OF R-22-039
MOTION CARRIED

Resolution R-22-039 declared duly adopted.

UNFINISHED BUSINESS — ORDINANCES

O-22-015
Endorsers: Mayor Jim Donchess
Alderman Patricia Klee
Alderman-at-Large Melbourne Moran, Jr.
Alderman Thomas Lopez
Alderman Richard A. Dowd
Alderman Tyler Gouveia
Alderman John Cathey
Alderman Derek Thibeault
ESTABLISHING A GREELEY PARK ADVISORY COMMITTEE
Given its second reading;

MOTION BY ALDERWOMAN KELLY TO FURTHER AMEND O-22-015 BY REPLACING IT WITH THE
GOLDEN ROD COPY WITH THE FOLLOWING EDIT: UNDER §12-42, SECOND TO LAST SENTENCE,
STRIKE “A MEMBER OF THE BOARD OF ALDERMEN OR” AND CHANGE THE WORD “ANY” TO “AN”

MOTION BY ALDERMAN SULLIVAN TO STRIKE “GREELEY PARK” AND SUBSTITUTING IT WITH “A
CITY-WIDE PARK ADVISORY COMMITTEE”

MOTION BY ALDEMAN KLEE TO MOVE THE QUESTION
MOTION CARRIED

Board of Aldermen 06-14-2022 Page 8

MOTION BY ALDERMAN SULLIVAN TO STRIKE “GREELEY PARK” AND SUBSTITUTING IT WITH “A CITY-
WIDE PARK ADVISORY COMMITTEE”

MOTION FAILED

MOTION BY ALDERWOMAN KELLY TO AMEND O-22-015 BY REPLACING IT WITH THE GOLDEN ROD
COPY

MOTION CARRIED

MOTION BY ALDERWOMAN KELLY TO FURTHER AMEND O-22-015 BY MAKING THE FOLLOWING
EDIT: UNDER §12-42, SECOND TO LAST SENTENCE, STRIKE “A MEMBER OF THE BOARD OF

ALDERMEN OR” AND CHANGE THE WORD “ANY” TO “AN”
MOTION CARRIED

MOTION BY ALDERWOMAN KELLY FOR FINAL PASSAGE OF O-22-015 AS AMENDED
MOTION BY ALDERWOMAN KELLY TO REREFER O-22-015 TO COMMITTEE, BY ROLL CALL

MOTION BY ALDERMAN KLEE TO MOVE THE QUESTION
MOTION CARRIED

MOTION BY ALDERWOMAN KELLY TO REREFER O-22-015 TO COMMITTEE, BY ROLL CALL
A viva voce roll call was taken which resulted as follows:

Yea: Alderman O’Brien, Alderman Sullivan, Alderman Jette, Alderwoman Kelly 4
Nay: Alderman Klee, Alderman Moran, Alderman Lopez, Alderman Clemons,
Alderman Dowd, Alderman Gouveia, Alderman Cathey, Alderman Thibeault,
Alderman Wilshire 9

MOTION FAILED

MOTION BY ALDERMAN MORAN TO MOVE THE QUESTION
MOTION CARRIED

MOTION BY ALDERWOMAN KELLY FOR FINAL PASSAGE OF O-22-015 AS AMENDED, BY ROLL CALL
A viva voce roll call was taken which resulted as follows:

Yea: Alderman O’Brien, Alderman Sullivan, Alderman Klee, Alderman Moran,
Alderman Lopez, Alderman Jette, Alderman Clemons, Alderman Dowd,
Alderman Gouveia, Alderman Cathey, Alderman Thibeault,
Alderman Wilshire 12

Nay: Alderwoman Kelly 1
MOTION CARRIED

Ordinance O-22-015 declared duly adopted as amended.

Board of Aldermen 06-14-2022

O-22-016
Endorsers: Alderman Patricia Klee
Alderman Derek Thibeault
Alderman Thomas Lopez
CLARIFYING ANIMAL PROHIBITIONS IN PARKS
Given its second reading;

MOTION BY ALDERMAN KLEE FOR FINAL PASSAGE OF O-22-016
MOTION CARRIED

Ordinance O-22-016 declared duly adopted.

O-22-017
Endorsers: Mayor Jim Donchess
Alderman Patricia Klee
Alderman-at-Large Melbourne, Jr.
Alderman Thomas Lopez
Alderman Derek Thibeault
Alderwoman-at-Large Shoshanna Kelly
Alderman-at-Large Lori Wilshire
ESTABLISHING A HOUSING TRUST FUND COMMITTEE

Given its second reading;

MOTION BY ALDERMAN CLEMONS TO AMEND O-22-017 BY REPLACING IT WITH THE GOLDEN ROD
COPY OF AMENDMENTS MADE AT THE PERSONNEL/ADMINISTRATIVE AFFAIRS COMMITTEE

MOTION BY ALDERWOMAN KELLY TO FURTHER AMEND O-22-017 UNDER §12-45. MEMBERSHIP;
TERMS, A (3) TO ADD AT THE END OF THE SENTENCE “SUBJECT TO APPROVAL OF BOARD OF
ALDERMEN”; A (4) TO ADD AT THE END OF THE SENTENCE “SUBJECT TO APPROVAL OF BOARD
OF ALDERMEN”; AND A (5) TO ADD AT THE END OF THE SENTENCE “SUBJECT TO APPROVAL OF

BOARD OF ALDERMEN”
MOTION CARRIED

Page 9

MOTION BY ALDERWOMAN KELLY FOR ACCEPT THE GOLDEN ROD COPY AS AMENDED

MOTION CARRIED

MOTION BY ALDERMAN CLEMONS FOR FINAL PASSAGE AS AMENDED

MOTION CARRIED

Ordinance O-22-017 declared duly adopted as amended.

O0-22-018
Endorsers: Mayor Jim Donchess
Alderman-at-Large Michael B. O’Brien, Sr.
Alderman Richard A. Dowd
Alderman Patricia Klee
Alderman Alex Comeau
Alderman-at-Large Lori Wilshire
AMENDING ALDERMANIC JOINT COMMITTEES
Given its second reading;

MOTION BY ALDERMAN THIBEAULT FOR FINAL PASSAGE OF O-22-018

MOTION CARRIED