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Special Board of Aldermen 07-25-2022 Page 17

candidates that spoke out here, | applaud them for volunteering to come out here and step forward and putting
themselves in this position to help assist our government during this time of need.

| just think that at the end of the day, this should be settled by the voters in a special election. | Know that the Charter
has been changed recently to reflect that and | hope in the future that we have a review of our Charter to see if we can
put unique situations like this back in the hands of the voters. | appreciate you allowing comments for this and thank
you for your continued support of our residents here in Nashua.

President Wilshire

Thank you.

Allison Dyer

Hi. Allison Dyer, 9 Squire Drive Nashua, New Hampshire. | just wanted to echo the sentiments of the previous
speaker, Mr. Gouthro and again say that | thought everyone did a wonderful job with their speeches this evening. |
would have to say | would love to see June Caron come back. | think she has been great for the City of Nashua in the
time that she was there and | think that she's contains a broad spectrum of views and | think that would be good for the
residents of Nashua again. So thank you again.

President Wilshire

Thank you. Is there anyone else wishing to give public comment on the Ward 7 nomination? Seeing none, okay, I'm
gonna close public comment. Right now I'm going to open up the floor for nominations

President of Board of Aldermen calls for nominations for Ward 7 vacancy
Alderman Dowd nominates June Caron
Alderman Dowd

The first thing we should all be thinking about is why are we here this evening? We're here to select the best
candidate to fill the Ward 7 slot. All the candidates are good, hardworking people, and it's no reflection against any of
them. I've Known a number of Aldermen in like 12 years serving on the Board of Aldermen and | have never seen an
Alderman that works as hard as Alderman Caron. She is in a number of things and works hard to support all the
people in her Ward. So many people in her Ward that | talked to that were shocked that she didn't run again. | think
it's probably a fair bet that if she had run this last term that she would have won since she’s been elected five previous
times.

Also, | think it's a good idea to have a diverse Board - new people and people with experience and knowledge
because the new people learning every day, and can hear what has happened in the past, and take that extensive
background into consideration. So | just think that we need that mix of experience. Certainly June Caron with 45
years working for the city, and 10 years on the Board of Aldermen, and all of the different things she's involved in -
Senior Center, going back to school, Lions Club number of things that | think that she presents the best person that
can represent the people in Ward 7 and | think that's why we're here this evening and | think that's the way we ought
to go.

Alderman Clemons nominates Tim Sennott

Alderman Clemons

| have known Tim for the last couple of years as a hard working Ward Moderator. Somebody who has a lot of interest
in local government, in politics particularly here in Nashua obviously. He cares a lot about his neighborhood and he's
involved in the goings on in his neighborhood. | think that he will offer a fresh perspective to this Board. | have
worked well with June in the past and | think that she would do a great job as well but | think we need to look to the
future and | think that Tim will offer us that path forward. So | hope that my colleagues will join me and support Tim
this evening.

President Wilshire

Any other nominations?

Special Board of Aldermen 07-25-2022 Page 18

Alderman O'Brien

Thank you, Madam President. | would like to make a motion to close nominations.
MOTION BY ALDERMAN O’BRIEN TO CLOSE NOMINATIONS, 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 Jette, Alderman Clemons, Alderwoman Kelly,
Alderman Comeau, Alderman Dowd, Alderman Gouveia, Alderman Thibeault,

Alderwoman Timmons, Alderman Wilshire 13

Nay: Alderman Lopez 1

MOTION CARRIED
VOTE ON ELECTION OF WARD 7 VACANCY FOR THE REMAINDER OF THE 2022-2023 LEGISLATIVE TERM

A viva voce roll call was taken which resulted as follows:

June Caron: Alderman O’Brien, Alderman Sullivan, Alderman Klee,

Alderman Jette, Alderwoman Kelly, Alderman Comeau,

Alderman Dowd, Alderman Gouveia, Alderman Wilshire 9
Tim Sennott: Alderman Moran, Alderman Lopez, Alderman Clemons,

Alderman Thibeault, Alderwoman Timmons 5

President Wilshire

So the votes go to June Caron. Ms. Caron would you please come up and be sworn in.
Oath of Office administered by Corporation Counsel.
Alderman Dowd

Alderman Caron we have good news and bad news. The good news is you've been elected to the Ward 7 Alderman.
The bad news is you have a meeting following this one.

Alderman Caron

| thought | was going to go home and celebrate or cry.

ADJOURNMENT

MOTION BY ALDERMAN O’BRIEN THAT THE JULY 25, 2022, SPECIAL MEETING OF THE BOARD OF
ALDERMEN BE ADJOURNED, 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, Alderwoman Kelly,
Alderman Comeau, Alderman Dowd, Alderman Gouveia, Alderman Caron,
Alderman Thibeault, Alderwoman Timmons, Alderman Wilshire 15

Nay: 0

MOTION CARRIED

Special Board of Aldermen 07-25-2022 Page 19

The meeting was declared adjourned at 8:19 p.m.

Attest: Susan Lovering, City Clerk

SPECIAL BOARD OF ALDERMEN
JULY 25, 2022

7:00 PM Aldermanic Chamber and via Zoom

Join Zoom Meeting: https://usO2web.zoom.us/j/84635304901?pwd=XCnG 1 mpx VHj7FYtgsdAD7Vcel2WLYF.1
Meeting ID: 846 3530 4901 Passcode: 897575

Join by telephone: 1-929-205-6099
Meeting ID: 846 3530 4901 Passcode: 897575

If for some reason you cannot connect to Zoom, please contact us at (603) 589-3329 and they will help you with
connectivity. The public may also view the meeting via Channel 16.

PRESIDENT LORI WILSHIRE CALLS ASSEMBLY TO ORDER

PRAYER OFFERED BY INTERIM DEPUTY CITY CLERK TARA KING
PLEDGE TO THE FLAG LED BY ALDERMAN THOMAS LOPEZ
ROLL CALL

PUBLIC HEARING

R-22-045
RELATIVE TO THE SUPPLEMENTAL APPROPRIATION OF $50,294.73 OF FY2022 UNANTICIPATED
REVENUE INTO FUND 7024 “OPIOID ABATEMENT EXPENDABLE TRUST FUND”

Testimony in Favor

Testimony in Opposition

Testimony in Favor

Testimony in Opposition

R-22-047

RELATIVE TO THE SUPPLEMENTAL APPROPRIATION OF $75,000 OF FY2022 UNANTICIPATED

REVENUE INTO FUND 7058 “PARK REHABILITATION EXPENDABLE TRUST FUND”

Testimony in Favor

Testimony in Opposition

Testimony in Favor

Testimony in Opposition

COMMUNICATIONS REQUIRING ONLY PROCEDURAL ACTIONS AND WRITTEN REPORTS FROM LIAISONS

From: Alderman-at-Large Ben Clemons
Re: Ward 7 appointment questions

NOMINATIONS, APPOINTMENTS AND ELECTIONS

Ward 7 Alderman Vacancy

Interview of Candidates:

e June M. Caron
24 Montgomery Street
Nashua, NH 03060

e §=Tim Sennott
62 Underhill Street
Nashua, NH 03060

e Bob Resch
114 East Glenwood Street
Nashua, NH 03060

e Ray Guarino
59 Elgin Street
Nashua, NH 03060

President of Board of Aldermen calls for nominations for Ward 7 vacancy
President of Board of Aldermen closes nominations
President of Board of Aldermen calls for a vote on nomination

CONFIRMATION OF MAYOR'S APPOINTMENTS

Office of City Clerk

Daniel R. Healey Term to Expire: Indefinitely
Derry, New Hampshire

ADJOURNMENT

R-22-045

RESOLUTION

RELATIVE TO THE SUPPLEMENTAL APPROPRIATION OF $50,294.73 OF FY2022
UNANTICIPATED REVENUE INTO FUND 7024 “OPIOID ABATEMENT
EXPENDABLE TRUST FUND”

In the Year Two Thousand and Twenty-Two

RESOLVED by the Board of Aldermen of the City of Nashua to appropriate $50,294.73
of FY2022 unanticipated revenue from Department 118 “Other General Government”, Account
43594 “Opioid Litigation Funds” into Fund 7024 “Opioid Abatement Expendable Trust Fund”.

LEGISLATIVE YEAR 2022

RESOLUTION: R-22-045

PURPOSE: Relative to the supplemental appropriation of $50,294.73 of
FY2022 unanticipated revenue into Fund 7024 “Opioid
Abatement Expendable Trust Fund”

SPONSOR(S): Mayor Jim Donchess

Alderman-at-Large Michael B. O'Brien, Sr.
Alderman John Sullivan
Alderman—at-Large Melbourne Moran, Jr.
Alderman Thomas Lopez
Alderwoman-at-Large Bhoshanna Kelly
Aldermm Alex Comeau

Alderman Richard A. Dowd

Alderman Derek Thibeault
Alderwoman-at-Large Gloria Timmons
Alderman Patricia Klee
Alderman-at-Large Lori Wilshire

COMMITTEE
ASSIGNMENT: Budget Reiview Committee
FISCAL NOTE: This resolution will reduce FY2022 year-end General Fund

surplus. The current balance in the Opioid Abatement
Expendable Trust fund is $27,236.

ANALYSIS

This resolution appropriates $50,294.73 of FY2022 unanticipated revenue into the Opioid
Abatement Expendable Trust Fund. The amount received represent the City’s proportionate
share ofi funds received from the State of New Hampshire for all opioid-related settlement funds
or judgements. The City anticipates future unknown payments from the State of New Hampshire
which will also be supplementary appropriated into this Expendable Trust Fund.

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. 56-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, Nik a WA
and amount: By: 0 a vy

fl

Approved as to form: Office of Corporation Counsel

By: Vt, CP 0 ka
Date: AY Aine. POA

R-22-047

RESOLUTION

RELATIVE TO THE SUPPLEMENTAL APPROPRIATION OF $75,000 OF FY2022
UNANTICIPATED REVENUE INTO FUND 7058 “PARK REHABILITATION
EXPENDABLE TRUST FUND”

In the Year Two Thousand and Twenty-Two

RESOLVED by the Board of Aldermen of the City of Nashua to appropriate $75,000 of
FY2022 unanticipated revenue from Department 118 “Other General Government”, Account
Classification 45 “Miscellaneous Revenue” into Fund 7058 “Park Rehabilitation Expendable
Trust Fund” for the purpose of repairs, replacements and improvements at Saint Andrew’s Park
located on the City’s Tax Map B Lot 140.

4. Indemnification. Manchester shall fully defend, indemnify, and hold harmless Nashua from any
and all claims, lawsuits, demands and causes of action, liability, loss, damage and/or injury or any kind
whatsoever (including without limitation all claims for monetary loss, property damage, equitable
relief, personal injury, and/or wrongful death), whether brought by an individual or other entity, or
imposed by a court of competent jurisdiction or by administrative action of any federal, state, or local
government body or agency, arising out of, in any way whatsoever, any acts, omissions, negligence, or
other misconduct related to Manchester’s use of the Welfare Application. This indemnification applies
to and includes, without limitation, the payment of all penalties, fines, judgments, awards, decrees,
attorneys' fees, and related costs or expenses, and any reimbursements to Nashua for all legal fees,
expenses, and costs incurred by them.

5. Authority to Enter Agreement. Each Party warrants that the individuals who have signed this
Agreement have the actual legal authority and right to make this Agreement and bind each respective

Party.

6. Amendment; Modification. No supplement, modification, or amendment of this Agreement shall
be binding unless executed in writing and signed by the Parties.

7. Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether
of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given
or performed by a Party shall give the other Party any contractual right by custom, estoppels, or
otherwise.

8. Attorneys’ Fees and Costs. If any legal action or other proceeding is brought in connection with
this Agreement, the successful or prevailing Party, if any, shall be entitled to recover reasonable
attorneys' fees and other related costs, in addition to any other relief to which the Party is entitled.

9. Entire Agreement. This Agreement constitutes the entire agreement between the Parties related to
the matters specified herein, and supersedes all prior oral or written statements or agreements between
the Parties related to such matter.

10. Enforceability, Severability, and Reformation. If any provision of this Agreement shall be held
invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and
enforceable. The intent of the Parties is to provide as broad an indemnification as possible under the
laws of the State of New Hampshire. In the event that any aspect of this Agreement is deemed
unenforceable, the Court is empowered to modify this Agreement to give the broadest possible
interpretation permitted by the laws of the State of New Hampshire.

11. Applicable law. This Agreement shall be governed exclusively by the laws of the State of New
Hampshire, without regard to conflict of law considerations.

12. Exclusive Venue and Jurisdiction. Any lawsuit or legal proceeding arising out of or relating to
this Agreement in any way whatsoever shall be exclusively brought and litigated in Hillsborough

RESOLUTION:

PURPOSE:

SPONSOR(S):

COMMITTEE
ASSIGNMENT:

FISCAL NOTE:

LEGISLATIVE YEAR 2022

R-22-047

Relative to the supplemental appropriation of $75,000 of
FY2022 unanticipated revenue into Fund 7058 “Park
Rehabilitation Expendable Trust Fund”

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

Alderman John Sullivan
Alderman-at-Large Melborune Moran, Jr.
Alderman Thomas Lopez
Alderman-at-Large Ben Clemons
Alderwoman-at-Large Shoshanna Kelly
Alderman Alex Comeau

Alderman Richard A. Dowd

Alderman Derek Thibeault

Alderman Patricia Klee
Alderman-at-Large Lori Wilshire

Budget Review Committee

This resolution will reduce F¥2022 year-end General Fund
surplus. The current balance in the Park Rehabilitation
Expendable Trust fund is $2,473.

ANALYSIS

This resolution appropriates $75,000 of FY2022 unanticipated revenue into the Park

Rehabilitation Expendable Trust Fund for the purpose of making improvements and repairs at

Saint Andrew’s Park.

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. 56-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
structure, numbers,
and amount:

Approved as to form:

Financial Services Division

2 Ah

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Office &f Corporation Counsel

By: Dye Ge Cl be
Date: a4 Jeure. Wane