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Board of Aldermen 06-28-2022 Page 6

R-22-045
Endorsers: 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 Shoshanna Kelly
Alderman Alex Comeau
Alderman Richard A. Dowd
Alderman Derek Thibeault
Alderwoman-at-Large Gloria Timmons
Alderman Patricia Klee
Alderman-at-Large Lori Wilshire

RELATIVE TO THE SUPPLEMENTAL APPROPRIATION OF $50,294.73 OF FY2022 UNANTICIPATED REVENUE

INTO FUND 7024 “OPIOID ABATEMENT EXPENDABLE TRUST FUND”
Given its first reading; Assigned to the BUDGET REVIEW COMMITTEE by President Wilshire

R-22-046
Endorsers: Mayor Jim Donchess

Alderman-at-Large Michael B. O’Brien, Sr.
Alderman Thomas Lopez
Alderman Richard A. Dowd
Alderman Patricia Klee
Alderwoman-at-Large Gloria Timmons
Alderman-at-Large Lori Wilshire

RELATIVE TO THE TRANSFER OF $4,500 FROM DEPARTMENT 194 “CONTINGENCY”, ACCOUNT 70100
“GENERAL CONTINGENCY” TO DEPARTMENT 103 “LEGAL”, ACCOUNTING CLASSIFICATION 51 “SALARIES

& WAGES”
Given its first reading; Assigned to the BUDGET REVIEW COMMITTEE by President Wilshire

R-22-047
Endorsers: Mayor Jim Donchess

Alderman-at-Large Michael B. O’Brien, Sr.
Alderman John Sullivan
Alderman-at-Large Melbourne Moran, ur.
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

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

FUND 7058 “PARK REHABILITATION EXPENDABLE TRUST FUND”
Given its first reading; Assigned to the BUDGET REVIEW COMMITTEE by President Wilshire

NEW BUSINESS — ORDINANCES

O0-22-019
Endorsers: Alderman-at-Large Ben Clemons
Alderman-at-Large Michael B. O’Brien, Sr.
Alderwoman-at-Large Shoshanna Kelly
Alderman Alex Comeau
Alderman Richard A. Dowd
Alderman Derek Thibeault
Alderman Thomas Lopez
Alderman Patricia Klee
Alderman-at-Large Lori Wilshire
CHANGING THE DOWNTOWN IMPROVEMENTS FUNDING PLAN

Board of Aldermen 06-28-2022 Page 7

Given its first reading; Assigned to the BUDGET REVIEW COMMITTEE and the DOWNTOWN
IMPROVEMENT ADVISORY COMMITTEE by President Wilshire

O-22-020
Endorsers: Alderman Richard A. Dowd
Alderman-at-Large Melbourne Moran, Jr.
Alderman-at-Large Michael B. O’Brien, Sr.
Alderwoman-at-Large Shoshanna Kelly
Alderman Thomas Lopez
Alderwoman-at-Large Gloria Timmons
Alderman Patricia Klee
ESTABLISHING ONE-WAY STREETS AND CHANGING THE STOP INTERSECTION NEAR THE FRANKLIN
STREET SCHOOL
Given its first reading; Assigned to the COMMITTEE ON INFRASTRUCTURE by President Wilshire

0-22-021
Endorsers: Alderman Richard A. Dowd
Alderman-at-Large Michael B. O’Brien, Sr.
Alderman-at-Large Melbourne Moran, Jr.
Alderman Thomas Lopez
Alderman Patricia Klee
Alderwoman-at-Large Shoshanna Kelly
Alderwoman-at-Large Gloria Timmons
ESTABLISHING NO PARKING AREAS DURING SCHOOL HOURS NEAR THE FRANKLIN STREET SCHOOL
Given its first reading; Assigned to the COMMITTEE ON INFRASTRUCTURE by President Wilshire

0-22-022
Endorsers: Alderman Ernest A. Jette
Alderwoman-at-Large Gloria Timmons
Alderman-at-Large Melbourne Moran, Jr.
Alderman-at-Large Michael B. O’Brien, Sr.
Alderman Richard A. Dowd
Alderman Derek Thibeault
Alderman Patricia Klee
UPDATING ENVIRONMENTAL HEALTH DEPARTMENT FOOD-SERVICE FEES
Given its first reading; Assigned to the PERSONNEL/ADMINISTRATIVE AFFAIRS COMMITTEE by President
Wilshire

0-22-023
Endorsers: Alderman Richard A. Dowd
Alderman-at-Large Melbourne Moran, Jr.
Alderman-at-Large Michael B. O’Brien, Sr.
Alderman Derek Thibeault
Alderwoman-at-Large Gloria Timmons
Alderman Patricia Klee
Alderman-at-Large Lori Wilshire
UPDATING FIRE PREVENTION FEES
Given its first reading; Assigned to the PERSONNEL/ADMINISTRATIVE AFFAIRS COMMITTEE by President

Wilshire

PERIOD FOR GENERAL PUBLIC COMMENT

REMARKS BY THE MEMBERS OF THE BOARD OF ALDERMEN

Committee announcements:

ADJOURNMENT

Board of Aldermen 06-28-2022 Page 8

MOTION BY ALDERMAN O’BRIEN THAT THE JUNE 28, 2022, 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, Alderwoman Kelly, Alderman Comeau,
Alderman Dowd, Alderman Gouveia, Alderman Thibeault, Alderman Wilshire 12

Nay: Alderman Clemons, Alderman Cathey, Alderman Cathey 3

MOTION CARRIED
The meeting was declared adjourned at 9:19 p.m.

Attest: Susan K. Lovering, City Clerk

revised AGENDA MEETING OF THE BOARD OF ALDERMEN JUNE 28,

2022

7:30 PM Aldermanic Chamber and by Zoom

To Join Zoom meeting: httos://usO2web.zoom.us/j/87023318812? pwd=SjROVI9F c3hBbIVECGHKNUxLSjNTZz09
Meeting ID: 870 2331 8812 Passcode: 182261

To Join by Telephone: 1-929-205-6099
Meeting ID: 8702331 8812 Passcode: 182261

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.

9(a).

9(b).

PRESIDENT LORI WILSHIRE CALLS ASSEMBLY TO ORDER

PRAYER OFFERED BY CITY CLERK SUSAN K. LOVERING

PLEDGE TO THE FLAG LED BY ALDERMAN-AT-LARGE MELBOURNE MORAN, JR.
ROLL CALL

REMARKS BY THE MAYOR

RESPONSE TO REMARKS OF THE MAYOR

RECOGNITIONS

READING OF MINUTES OF PREVIOUS MEETINGS

COMMUNICATIONS REQUIRING ONLY PROCEDURAL ACTIONS AND WRITTEN
REPORTS FROM LIAISONS

From: Donna Graham, Legislative Affairs Manager
Re: New Middle School Naming

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

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

COMMUNICATIONS REQUIRING FINALAPPROVAL

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

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

PETITIONS

NOMINATIONS, APPOINTMENTS AND ELECTIONS

REPORTS OF COMMITTEE

Finance

COMMICE... coc cccccccecccecceececeeuae vet eee ces teveveceeteeceeeryeescecttesessstets tibet etseveeststversresees O5/04/2022
Budget Review
COMMItCE. 6. occ ccc ccc sec ceecce ce teveeecee crevasse ste erevertesceevestisesssecetsesessceetssessseereesss+ 06/16/2022

CONFIRMATION OF MAYOR'S APPOINTMENTS

UNFINISHED BUSINESS — RESOLUTIONS

R-22-035

Endorsers: Mayor Jim Donchess

Alderman-at-Large Michael B
O'Brien, Sr. Alderman Jonn
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

* Budget Review Committee with anticipated recommendation for final passage with possible

amendments

R-22-038
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-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
- Budget Review Committee with anticipated recommendation for final passage

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”

« Budget Review Committee with anticipated recommendation for final passage

* Board of Public Works with a positive recommendation

UNFINISHED BUSINESS — ORDINANCES

NEW BUSINESS —- RESOLUTIONS

R-22-045
Endorser: Mayor Jim Donchess
RELATIVE TO THE SUPPLEMENTAL APPROPRIATION OF $50,294.73 OF FY¥2022 UNANTICIPATED REVENUE
INTO FUND 7024 “OPIOID ABATEMENT EXPENDABLE TRUST FUND”

R-22-046
Endorser: Mayor Jim Donchess
RELATIVE TO THE TRANSFER OF $4,500 FROM DEPARTMENT 194 “CONTINGENCY”, ACCOUNT 70100
“GENERAL CONTINGENCY” TO DEPARTMENT 103 “LEGAL”, ACCOUNTING CLASSIFICATION 51
“SALARIES & WAGES”

R-22-047
Endorser: Mayor Jim Donchess
Alderman O’Brien
Alderman Sullivan
RELATIVE TO THE SUPPLEMENTAL APPROPRIATION OF $75,000 OF FY2022 UNANTICIPATED REVENUE
INTO FUND 7058 “PARK REHABILITATION EXPENDABLE TRUST FUND”

NEW BUSINESS —- ORDINANCES

O-22-019
Endorser: Alderman-at-Large Ben Clemons
CHANGING THE DOWNTOWN IMPROVEMENTS FUNDING PLAN

O-22-020
Endorser: Alderman Richard A. Dowd
ESTABLISHING ONE-WAY STREETS AND CHANGING THE STOP INTERSECTION NEAR FRANKLIN STREET

SCHOOL

O-22-021

Endorser: Alderman Richard A. Dowd
ESTABLISHING NO PARKING AREAS DURING SCHOOL HOURS NEAR FRANKLIN STREET SCHOOL
O-22-022

Endorser: Alderman Ernest A. Jett

Alderwoman-at-Large Gloria Timmons

UPDATING ENVIRONMENTAL HEALTH DEPARTMENT FOOD-SERVICE FEES

O-22-023
Endorser: Alderman Richard A. Dowd
Alderman-at-Large Melbourne Moran, Jr.
UPDATING FIRE PREVENTION FEES

PERIOD FOR GENERAL PUBLIC COMMENT

REMARKS BY THE MEMBERS OF THE BOARD OF ALDERMEN

Committee announcements:

ADJOURNMENT

Consultant with access to City of Nashua records in a reasonable time and manner and to
schedule items that require action by the Board of Public Works and Finance Committee
in a timely manner. The City of Nashua and Professional Consultant also agree to attend
all meetings called by the City of Nashua or Professional Consultant to discuss the work
under the Contract, and that Professional Consultant may elect to conduct and record such
meetings and shall later distribute prepared minutes of the meeting to the City of Nashua.

DISCOVERY OF CONFLICTS, ERRORS, OMISSIONS, AMBIGUITIES, OR DISCREPANCIES
Professional Consultant warrants that it has examined all contract documents, has brought
all conflicts, errors, discrepancies, and ambiguities to the attention of the City of Nashua
in writing, and has concluded that the City of Nashua's resolution of each matter is
satisfactory to Professional Consultant. All future questions Professional Consultant may
have concerning interpretation or clarification of this contract shall be submitted in writing
to the City of Nashua within 10 calendar days of their arising. The writing shall state
clearly and in full detail the basis for Professional Consultant's question or position. The
City of Nashua representative shall render a decision within 15 calendar days. The City of
Nashua's decision on the matter is final. Any work affected by a conflict, error, omission,
or discrepancy which has been performed by Professional Consultant prior to having
received the City of Nashua's resolution shal! be at Professional Consultant's risk and
expense. At all times, Professional Consultant shall carry on the work under this contract
and maintain and complete work in accordance with the requirements of the contract or
determination of the City of Nashua. Professional Consultant is responsible for requesting
clarification or interpretation and is solely liable for any cost or expense arising from its
failure to do so.

TERMINATION OF CONTRACT

A. TERMINATION, ABANDONMENT, OR SUSPENSION AT WILL. The City of Nashua, in its
sole discretion, shall have the right to terminate, abandon, or suspend all or part of the
project and contract at will. If the City of Nashua chooses to terminate, abandon, or
suspend all or part of the project, it shall provide Professional Consultant 10 day’s written
notice of its intent to do so.

If all or part of the project is suspended for more than 90 days, the suspension shall be
treated as a termination at will of all or part of the project and contract.

Upon receipt of notice of termination, abandonment, or suspension at will, Professional
Consultant shall:

1. Immediately discontinue work on the date and to the extent specified in the notice.

2. Place no further orders or subcontracts for materials, services, or facilities, other
than as may be necessary or required for completion of such portion of work
under the contract that is not terminated.

3. Immediately make every reasonable effort to obtain cancellation upon terms
satisfactory to the City of Nashua of all orders or subcontracts to the extent they
relate to the performance of work terminated, abandoned, or suspended under the
notice, assign to the City of Nashua any orders or subcontracts specified in the
notice, and revoke agreements specified in the notice,

4. Not resume work after the effective date of a notice of suspension unti! receipt of
a written notice from the City of Nashua to resume performance.

GC 4 of 13

S\ THE CITY OF NASHUA "The Gate City’

Office af Economic Development

TO: Lori Wilshire, President

Ce: Board of Aldermen

FROM: Tim Cummings, Economic Development Director
Date: June 22, 2022

RE: Communication on R-22-047 Relative to a Supplemental
Appropriation of $75,000 for Saint Andrew’s Park Improvements

I am writing to ask that you favorably approve R-22-047 Relative to Saint Andrew’s Park
Improvements.

The genius of this legislation comes from the sale of a facade easement off Amherst Street.
Where the City released an easement in exchange for $50,000 along with some other additional
minor conditions. At any rate, at the time of when the easement release approval was sought by
me a few ideas were floated as uses for the funds. Specifically, the idea of using it for downtown
public art was articulated. However, this use failed to gain traction and consensus. Fast forward
to the Joint PEDC and Infrastructure Committee on May 17" where now that we had received
the $50,000 I asked the Joint body what their pleasure would be in using the funds. Again, it was
clear that using it on public art in the downtown was not a prevailing matter, but some of the
suggestions were as follows: parking improvements, historic preservation, supplemental CDBG
spending, additional money for the Performing Arts Center or use it on Court Street Theater.

Ultimately, the general sentiment expressed was that there was a preference to preserve the
$50,000 and not allow it to lapse to the unassigned fund balance where it would default to unless
some sort of proactive action was taken. Additionally, it was clear there was consensus to use
the funds for general infrastructure improvements.

To that end and hearing the sentiments of the Joint body. I made some internal inquiries to see if
there was a capital improvement need that fit with the available money. After speaking with
Director Fauteux, I learned that Saint Andrew’s Park was in need of repair. Furthermore, it is my
understanding that Saint Andrew’s Park is the last park in the city to receive some sort of
attention and/or upgrade.

229 Main Street, Suite 234 » Nashua, New Hampshire 03060 * Phone (603) 589-3106

I further learned that there is a tentative plan to procure equipment along the lines of the
following to improve the park if there was $75,000 available:

e Swings including one inclusive
e Climbing Web Activity Net,

Some Playground Structures w/ Climbing Structures and Slides
Congo Drums

e Inclusive spinner

e Mushroom Steps
*Please note, some of these items may change and is for illustrative purposes only to help provide an
understanding as to how the money may be used.

As noted above having identified $50,000 of the necessary $75,000 there is a need to find an
additional $25,000. In consultation with the Finance Department, I learned that through
miscellaneous revenue an additional $25,000 could be identified with a NHRS reimbursement
and the sale of some vehicles/equipment. Using these three sources, we could achieve the
$75,000 without raising the funds through the property tax base.

The below chart more clearly identifies the three sources of funds that aggregates to $75,000.

45100 Sale of Vehicles & Equipment $13,000
45910 NHRS Reimbursements $12,000
45912 Other Reimbursements (release of the easement) $50,000

$75,000

Therefore, 1 am recommending and requesting that R-22-047 be adopted.

THANK YOU.

LEGISLATIVE YEAR 2022

RESOLUTION: R-22-046

PURPOSE: Relative to the transfer of $4,500 from Department 194
“Contingency”, Account 70100 “General Contingency” to
Department 103 “Legal”, Accounting Classification 51
“Salaries & Wages”

SPONSOR(S): Mayor Jim Donchess

COMMITTEE

ASSIGNMENT:

FISCAL NOTE: Reduces amount available in general contingency by $4,500

that could be used for escrow or surplus in FY22. The current
balance in the general contingency account is $150,600.

ANALYSIS

This resolution authorizes the transfer of $4,500 from General Contingency into the Legal
Department for the purpose of funding FY2022 unanticipated additional payroll expenses.

Charter Sec. 53 permits the Board of Aldermen to transfer any unencumbered appropriation
balance or any portion from one department, fund or agency to another.

NRO 5-130, H provides that “when proposed legislation to transfer or re-appropriate a particular
appropriation or purpose thereof has had its first reading, such funds shall not be expended or
transferred while the legislation is pending”.

Approved as to account Financial Services Division
structure, numbers and L
amount: By: ZL -

Approved as to form: Office of/Corporation Counsel