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R-22-041

RESOLUTION

RELATIVE TO THE SUPPLEMENTAL APPROPRIATION OF $500,000 OF FY2022
ASSIGNED FUND BALANCE INTO FUND 7025 “CITY RETIREMENT TRUST FUND”

In the Year Two Thousand and Twenty-Two

RESOLVED by the Board of Aldermen of the City of Nashua to appropriate $500,000 of
FY2022 assigned fund balance into Fund 7025 “City Retirement Trust Fund” for the purpose of
funding FY2022 retirement related severance payments.

LEGISLATIVE YEAR 2022

RESOLUTION: R-22-041

PURPOSE: Relative to the supplemental appropriation of $500,000 of
FY2022 Assigned Fund Balance into Fund 7025 “City
Retirement Trust Fund”

SPONSOR(S): Mayor Jim Donchess

COMMITTEE Budget Review Committee

ASSIGNMENT:

FISCAL NOTE: This resolution will reduce the Assigned Fund Balance for

future liabilities. The current balance in Assigned Fund
Balance is $8,655,000 and the current balance in the City
Retirement Trust Fund is $78.73.

ANALYSIS

This resolution appropriates $500,000 of FY¥2022 assigned fund balance into the City Retirement
Expandable Trust Fund (ETF).

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 Lg Divisio
structure, numbers,
and amount;

Approved as to form: Offi y ht €ounsel

By: Wp CCa Se.
Date: - Hevine PAD

R-22-044

RESOLUTION

RELATIVE TO THE SUPPLEMENTAL APPROPRIATION OF $1,500,000 OF FY2022
ASSIGNED FUND BALANCE INTO DEPARTMENT 126 “FINANCIAL SERVICES”,
ACCOUNT 68500 “ABATEMENTS”

In the Year Two Thousand and Twenty-Two

RESOLVED by the Board of Aldermen of the Citv of Nashua to appropriate $1,500,000
of FY2022? assigned fund balance into Department 126 “Financial Services”. Account 68500
“Abatements” for the purpose of funding additional tax abatements.

LEGISLATIVE YEAR 2022

RESOLUTION: R-22-044

PURPOSE: Relative to the supplemental appropriation of $1,500,000 of
FY2022 Assigned Fund Balance into Department 126
“Financial Services”, Account 68500 “Abatements”

SPONSOR(S): Mayor Jim Donchess
COMMITTEE
ASSIGNMENT: Budget Review Committee
FISCAL NOTE: This resolution will reduce the Assigned Fund Balance portion
for Overlay. The current balance assigned for overlay is
$1,500,000.
ANALYSIS

This resolution appropriates $1,500,000 of FY 2022 assigned fund balance tor the purpose of
funding additional tax abatements.

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, caps
and amount. np... /s/ John L. Griffin

Approved as to form: Office of Corporation Counsel

By: ‘\D pee view heer
Date: (O Ly MR Anon

A regular meeting of the Board of Aldermen was held Tuesday, June 28, 2022, at 7:31 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 Melbourne Moran, Jr. 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 14 members physically in attendance and 1 participating via Zoom of the Board of
Aldermen present: Alderman O’Brien, Alderman Sullivan, Alderman Klee (via Zoom), Alderman Moran,
Alderman Lopez, Alderman Jette, Alderman Clemons, Alderwoman Kelly, Alderman Comeau, Alderman
Dowd, Alderman Gouveia, Alderman Cathey, Alderman Thibeault, Alderwoman Timmons, Alderman Wilshire.
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 - None

COMMUNICATIONS REQUIRING ONLY PROCEDURAL ACTIONS AND WRITTEN REPORTS
FROM LIAISONS

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

From: Lisa Fauteux, Director of Public Works
Re: Referral from Board of Aldermen — R-22-038

From: Tim Cummings, Director of Economic Development
Re: Communication on Supplemental Appropriation of $75,000 — R-22-047

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

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

COMMUNICATIONS REQUIRING FINAL APPROVAL

From: Susan K. Lovering, City Clerk
Re: Issuance of Warrant to Chief of Police for Unlicensed Dogs

MOTION BY ALDERMAN CLEMONS TO ACCEPT, PLACE ON FILE, AND COMMIT THE WARRANT TO THE CHIEF
OF POLICE TO ISSUE THE CIVIL FORFEITURE, 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 Cathey,

assigned by Professional Consultant to perform work under this contract. Approved key
personnel shall not be taken off of the project by Professional Consultant without the prior
written approval of the City of Nashua, except in the event of termination of employment.
Professional Consultant shall, if requested to do so by the City of Nashua, remove from the
job any personnel whom the City of Nashua determines to be incompetent, dishonest, or
uncooperative.

. CITY OF NASHUA REPRESENTATIVE The City of Nashua may designate a City of Nashua
representative for this contract. If designated, all notices, project materials, requests by
Professional Consultant, and any other communication about the contract shall be
addressed or be delivered to the City of Nashua Representative.

. CHANGES TO SCOPE OF WORK The City of Nashua may, at any time, by written order,
make changes to the general scope, character, or cost of this contract and in the services or
work to be performed, either increasing or decreasing the scope, character, or cost of
Professional Consultant's performance under the contract. Professional Consultant shall
provide to the City of Nashua within 10 calendar days, a written proposal for accomplishing
the change. The proposal for a change shall provide enough detail, including personnel
hours for each sub-task and cost breakdowns of tasks, for the City of Nashua to be able to
adequately analyze the proposal. The City of Nashua will then determine in writing if
Professional Consultant should proceed with any or all of the proposed change. If the
change causes an increase or a decrease in Professional Consultant's cost or time required
for performance of the contract as a whole, an equitable adjustment shall be made and the
contract accordingly modified in writing. Any claim of Professional Consultant for
adjustment under this clause shall be asserted in writing within 30 days of the date the City
of Nashua notified Professional Consultant of the change.

When Professional Consultant seeks changes, Professional Consultant shall, before any
work commences, estimate their effect on the cost of the contract and on its schedule and
notify the City of Nashua in writing of the estimate. The proposal for a change shall
provide enough detail, including personnel hours for each sub-task and cost breakdowns
of tasks, for the City of Nashua to be able to adequately analyze the proposal. The City of
Nashua will then determine in writing if Professional Consultant should proceed with any
or all of the proposed change.

Except as provided in this paragraph, Professional Consultant shall implement no change
unless the City of Nashua in writing approves the change. Unless otherwise agreed to in
writing, the provisions of this contract shall apply to all changes. The City of Nashua may
provide verbal approval of a change when the City of Nashua, in its sole discretion,
determines that time is critical or public health and safety are of concern. Any verbal
approval shall be confirmed in writing as soon as practicable. Any change undertaken
without prior City of Nashua approval shall not be compensated and is, at the City of
Nashua's election, sufficient reason for contract termination.

. CITY OF NASHUA COOPERATION The City of Nashua agrees that its personnel will
cooperate with Professional Consultant in the performance of its work under this contract
and that such personnel will be available to Professional Consultant for consultation at
reasonable times and after being given sufficient advance notice that will prevent conflict
with their other responsibilities. The City of Nashua also agrees to provide Professional

GC 3 of 13

Board of Aldermen 06-28-2022 Page 2

Alderman Thibeault, Alderwoman Timmons, Alderman Wilshire 15
Nay: 0
MOTION CARRIED

From: Susan K. Lovering, City Clerk
Re: NRO 5-6 Compensation — Alderwoman-at-Large Gloria Timmons

MOTION BY ALDERMAN O’BRIEN TO REVIEW THE RULES OF THE ALDERMANIC PROCEUDURE WITH
ALDERWOMAN-AT-LARGE GLORIA TIMMONS ON NRO 5-6 REGARDING COMPENSATION, BY ROLL CALL

MOTION BY ALDERMAN O’BRIEN PURSUANT TO NRO 5-6 COMPENSATION TO PAY ALDERWOMAN-AT-LARGE
GLORIA TIMMONS, HOWEVER, TO REVIEW THE ALDERMANIC PROCEDURE AND UPON OUR REQUIREMENTS
TO BE HERE — REFRESHER OF OUR COMMITMENTS THAT WE HAVE HERE ON THIS BOARD, BY ROLL CALL
ALDERMAN O’BRIEN WITHDREW HIS MOTION

MOTION BY ALDERMAN O’BRIEN TO COMPENSATION ALDERWOMAN-AT-LARGE GLORIA TIMMONS, 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 Cathey,
Alderman Thibeault, Alderwoman Timmons, Alderman Wilshire 15

Nay: 0
MOTION CARRIED

PETITIONS - None

NOMINATIONS, APPOINTMENTS AND ELECTIONS - None

REPORTS OF COMMITTEE

Finance Committee. ........0 0c ee cece cece e scat beeen eves veces pease ee eea teeta eeaseeaeeaeveeeeeeneeneas 05/04/2022

There being no objection, President Wilshire declared the report of the May 4, 2022 Finance Committee be
accepted and placed on file.

Budget Review Commmittee.......... 0... ..cccccccce cee eee eee e ce eee eee eee teens cee eeeeageaee eee eeceseeeeeaeaeeneeteeeeeesees 06/16/2022

There being no objection, President Wilshire declared the report of the June 16, 2022 Budget Review
Committee be accepted and placed on file.

There being no objection, President Wilshire suspended the rules to allow for the oral report of the
Budget Review Committee meeting held last night regarding proposed Resolutions R-22-038 and
R-22-042.

Alderman Dowd gave an oral report of the Budget Review Committee meeting of June 27, 2022 with respect to
Resolutions R-22-038, R-22-042.

CONFIRMATION OF MAYOR'S APPOINTMENTS - None

Board of Aldermen 06-28-2022 Page 3

UNFINISHED BUSINESS — RESOLUTIONS

R-22-035
Endorsers: Mayor Jim Donchess

Alderman-at-Large Michael B. O’Brien, Sr.
Alderman John Sullivan
Alderman Patricia Klee
Alderman Thomas Lopez
Alderman Alex Comeau
Alderman Richard A. Dowd
Alderman John Cathey
Alderman Derek Thibeault
Alderman-at-Large Lori Wilshire

RELATIVE TO THE ADOPTION OF THE FISCAL YEAR 2023 PROPOSED BUDGET FOR THE CITY OF NASHUA

GENERAL, ENTERPRISE, SPECIAL REVENUE AND GRANT FUNDS

Given its second reading;

MOTION BY ALDERMAN DOWD TO AMEND THE MAYOR’S BUDGET BY $360,000 IN THE FIVE ITEMS JUST READ
(ADD $25,000 TO THE GREAT AMERICAN DOWNTOWN; REDUCED DOWNTOWN IMPROVEMENTS BY $25,000;
ADDED TO PARK REHAB ACCOUNT 7058 INTERFUND TRANSFER FOR LABINE FIELD $275,000; REDUCE
DOWNTOWN IMPROVEMENTS BY $75,000; ADDED CAPITAL IMPROVEMENT SCHOOL DEFERRED MAINTENANCE —
ADDED $160,000 FOR A TOTAL DEFERRED MAINTENANCE FOR CAPITAL IMPORVEMENTS IN THE SCHOOL
DEPARTMENT OF $260,000. THE TOTAL ADJUSTMENTS TO THE GENERAL FUND OF $360,000 WHICH INCREASED
THE MAYOR’S BUDGET TO $303,358,903. AN INCREASE IN WASTEWATER ASSETS FOR $41,772. THE PROPOSED
GENERAL FUND AS AMENDED WILL BE $303,358,903. ENTERPRISE FUNDS REMAINS THE SAME AT $44,082,704.
SPECIAL REVENUE FUNDS STAY THE SAME AT $59,581,977. THE AMENDED BUDGET IS $407,023,584, BY ROLL
CALL

A viva voce roll call was taken which resulted as follows:
Yea: Alderman O’Brien, Alderman Klee, Alderman Moran, Alderman Lopez,
Alderman Jette, Alderman Clemons, Alderwoman Kelly, Alderman Comeau,
Alderman Dowd, Alderman Thibeault, Alderwoman Timmons, Alderman Wilshire 12

Nay: Alderman Sullivan, Alderman Gouveia, Alderman Cathey 3

MOTION CARRIED

MOTION BY ALDERMAN DOWD FOR FINAL PASSAGE AS AMENDED - TO APPROVE THE TOTAL BUDGET FOR THE
CITY OF NASHUA AT $407,023,584 WITH AN INCREASE TO THE GENERAL FUND TO $303,358,903, BY ROLL CALL

A viva voce roll call was taken which resulted as follows:
Yea: Alderman O’Brien, Alderman Klee, Alderman Moran, Alderman Lopez,
Alderman Jette, Alderman Clemons, Alderwoman Kelly, Alderman Dowd,
Alderman Thibeault, Alderwoman Timmons, Alderman Wilshire 11

Nay: Alderman Sullivan, Alderman Comeau, Alderman Gouveia, Alderman Cathey 4

MOTION CARRIED

Resolution R-22-035 declared duly adopted as amended

R-22-038
Endorsers: Mayor Jim Donchess

Board of Aldermen 06-28-2022 Page 4

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

Alderman Patricia Klee

Alderman-at-Large Melbourne Moran, Jr.

Alderman Thomas Lopez

Alderman-at-Large Ben Clemons

Alderwoman-at-Large Shoshanna Kelly

Alderman Alex Comeau

Alderman Richard A. Dowd

Alderman Tyler Gouveia

Alderman John Cathey

Alderman Derek Thibeault

Alderman-at-Large Lori Wilshire
AUTHORIZING THE MAYOR AND CITY TREASURER TO ISSUE BONDS NOT TO EXCEED THE AMOUNT OF
TWO MILLION AND FOUR HUNDRED FIFTY THOUSAND DOLLARS ($2,450,000) FOR WALNUT STREET
OVAL INTERSECTION PROJECT AND WEST PEARL STREET STREETSCAPING

Given its second reading;

MOTION BY ALDERMAN JETTE FOR FINAL PASSAGE OF R-22-038, 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 Thibeault, Alderwoman Timmons, Alderman Wilshire 14

Nay: Alderman Cathey 1

MOTION CARRIED

Resolution R-22-038 declared duly adopted.

R-22-042
Endorsers: Mayor Jim Donchess

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

RELATIVE TO THE SUPPLEMENTAL APPROPRIATION OF $320,000 FROM FY2022 ASSIGNED FUND

BALANCE INTO DEPARTMENT 152 “FIRE”, ACCOUNT 51330 “SHIFT COVERAGE”

Given its second reading;
Alderman Dowd
You want to add $35,000 to the 320 so it ends up at $355,000.

Alderman O’Brien

Excuse me. Can you repeat - $35,000?

Board of Aldermen 06-28-2022 Page 5

Alderman Dowd
$35,000 added — total amount $355,000.

Alderman O’Brien

Okay.

President Wilshire

Is that your motion to amend?

Alderman O’Brien

Yes.

MOTION BY ALDERMAN O’BRIEN TO AMEND RELATIVE TO THE SUPPLEMENTAL APPROPRIATION OF $355,000
FROM FY2022 ASSIGNED FUND BALANCE INTO DEPARTMENT 152 “FIRE”, ACCOUNT 51330 “SHIFT COVERAGE”,
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 Cathey
Alderman Thibeault, Alderwoman Timmons, Alderman Wilshire 15

Nay: 0
MOTION CARRIED

MOTION BY ALDERMAN O’BRIEN FOR FINAL PASSAGE 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, Alderwoman Kelly,
Alderman Comeau, Alderman Dowd, Alderman Gouveia, Alderman Cathey
Alderman Thibeault, Alderwoman Timmons, Alderman Wilshire 15

Nay: 0
MOTION CARRIED

Resolution R-22-042 declared duly adopted as amended.

UNFINISHED BUSINESS — ORDINANCES - None

NEW BUSINESS — RESOLUTIONS