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Board Of Aldermen - Agenda - 6/21/2022 - P3

By dnadmin on Mon, 11/07/2022 - 07:49
Document Date
Thu, 06/16/2022 - 15:50
Meeting Description
Board Of Aldermen
Document Type
Agenda
Meeting Date
Tue, 06/21/2022 - 00:00
Page Number
3
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/boa_a__062120…

FINANCIAL SERVICES DIVISION

118 OTHER GENERAL GOVERNMENT 32 107
126 FINANCIAL SERVICES 33 111
CAPITAL IMPROVEMENTS
various CAPITAL EQUIPMENT 306
81 CAPITAL IMPROVEMENTS 217, 218
OTHER PUBLIC SAFETY
159 HYDRANT FEES — FIRE PROTECTION 137
162 STREET LIGHTING 138
DEBT SERVICE, CONTINGENCY & INTERFUND_
TRANSFERS
193 DEBT SERVICE 210
194 CONTINGENCY 214
198 INTERFUND TRANSFERS 215
2508 SPECIAL ROAD AND HIGHWAY FUND 249, 250 249, 250
2510 PENNICHUCK ACQUISITION BOND FUND 251, 252 291, 252
VARIOUS | CITY SPECIAL REVENUE FUNDS FUNDED BY 257 257
GRANTS
PUBLIC WORKS and ENGINEERING
160 ADMINISTRATION and ENGINEERING 39 157
161 STREET DEPARTMENT 39 161
177 PARKS AND RECREATION 40 165
168 SOLID WASTE FUND 222 223-227
169 WASTERWATER USER FUND 231 232-236
PUBLIC SAFETY
152 FIRE DEPARTMENT 36, 248 126
COMMUNITY DEVELOPMENT DIVSION
153 BUILDING INSPECTION 43 185
155 CODE ENFORCEMENT 43 188
170 HYDROELECTRIC OPERATIONS 43 189
181 COMMUNITY DEVELOPMENT 192
182 PLANNING & ZONING 44 195
185 SUSTAINABILITY 198
109 CIVIC & COMMUNITY ACTIVITIES 207 59
186 TRANSPORTATION 257 201

Page Image
Board Of Aldermen - Agenda - 6/21/2022 - P3

Finance Committee - Agenda - 4/20/2022 - P17

By dnadmin on Sun, 11/06/2022 - 21:43
Document Date
Fri, 04/15/2022 - 11:50
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 04/20/2022 - 00:00
Page Number
17
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__042020…

17.

18.

19,

upgrading, demotion, transfer, recruitment, advertising, layoff, termination, rates of pay,
or other forms of compensation and selection for training, including apprenticeship.

Without limitation of the foregoing, Professional Consultant's attention is directed to
“Title 41“Public Contracts and Property Management” C.F.R. Subtitle B “Other
Provisions Relating to Public Contracts” Section 60 “Office of Federal Contract
Compliance Programs, Equal Employment, Department of Labor” which, by this
reference, is incorporated in this contract.

Professional Consultant agrees to assist disadvantaged business enterprises in obtaining
business opportunities by identifying and encouraging disadvantaged suppliers,
consultants, and sub consultants to participate to the extent possible, consistent with their
qualification, quality of work, and obligation of Professional Consultant under this
contract.

In connection with the performance of work under this contract, Professional Consultant
agrees not to discriminate against any employee or applicant for employment because of
race, creed, color, national origin, sex, age, or sexual orientation. This agreement includes,
but is not limited to, the following: employment, upgrading, demotion or transfer,
recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of
compensation, and selection for training, including apprenticeship.

Professional Consultant agrees, if applicable, to insert these provisions in a!l subcontracts,
except for subcontracts for standard commercial supplies or raw materials. Any violation

of any applicable provision by Professional Consultant shall constitute a material breach
of the contract.

ENDORSEMENT Professional Consultant shall seal and/or stamp and sign professional
documents including drawings, plans, maps, reports, specifications, and other instruments
of service prepared by Professional Consultant or under its direction as required under the
laws of the State of New Hampshire.

ASSIGNMENT, TRANSFER, DELEGATION, OR SUBCONTRACTING Professional Consultant
shall not assign, transfer, delegate, or subcontract any rights, obligations, or duties under
this contract without the prior written consent of the City of Nashua. Any such assignment,
transfer, delegation, or subcontracting without the prior written consent of the City of
Nashua is void. Any consent of the City of Nashua to any assignment, transfer, delegation,
or subcontracting shall only apply to the incidents expressed and provided for in the written
consent and shall not be deemed to be a consent to any subsequent assignment, transfer,
delegation, or subcontracting. Any such assignment, transfer, delegation, or subcontract
shall require compliance with or shall incorporate all terms and conditions set forth in this
agreement, including all incorporated Exhibits and written amendments or modifications.
Subject to the foregoing provisions, the contract inures to the benefit of, and is binding
upon, the successors and assigns of the parties.

CITY INSPECTION OF CONTRACT MATERIALS The books, records, documents and
accounting procedures and practices of Professional Consultant related to this contract shall
be subject to inspection, examination and audit by the City of Nashua, including, but not
limited to, the contracting agency, the Board of Public Works, Corporation Counsel, and,

GC 9 of 13

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Finance Committee - Agenda - 4/20/2022 - P17

Board Of Aldermen - Agenda - 6/21/2022 - P4

By dnadmin on Mon, 11/07/2022 - 07:49
Document Date
Thu, 06/16/2022 - 15:50
Meeting Description
Board Of Aldermen
Document Type
Agenda
Meeting Date
Tue, 06/21/2022 - 00:00
Page Number
4
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/boa_a__062120…

PUBLIC SAFETY

150 POLICE DEPARTMENT 35 & 239 116
EDUCATION
191 SCHOOL DEPARTMENT 45, 259-275 206
CAPITAL IMPROVEMENTS
1001 CAPITAL EQUIPMENT 218
ENTERPRISE FUNDS-REVENUE &
APPROPRIATIONS
6000 SOLID WASTE FUND ESTIMATED REVENUES 222
6000 SOLID WASTE FUND APPROPRIATIONS 223
WASTEWATER
6200 WASTEWATER FUND ESTIMATED REVENUES 231
6200 WASTEWATER FUND APPROPRIATIONS 232
SPECIAL REVENUE FUNDS-REVENUE &
APPROPRIATIONS
City Special Revenue Funds
2501 PUBLIC HEALTH CLIENT FEES FUND 238 238
2502 LAW ENFORCEMENT TRAINING FUND 239 239
2503 PARKS & RECREATION PROGRAMS FUND 240 240
2504 HOLMAN STADIUM EVENTS FUND 241 241
2505 PEG ACCESS CHANNELS FUND 244-245 244-245
2506 HUNT BUILDING FACILTY RENTAL FUND 246-247 246-247
2507 FIRE TRAINING FACILTY RENTAL FUND 248 248
2508 SPECIAL ROAD & HIGHWAY FUND 249-250 249-250
2510 PENNICHUCK ACQUISITION BOND FUND 251-252 251-252
School Special Revenue Funds
2100 FOOD SERVICES 259-260 259-260
2120 SUMMER FEEDING PROGRAM 261 261
2201 DRIVER’S EDUCATION 262 262
2204 SUMMER SCHOOL 263 263
2207 ADULT CONTINUING EDUCATION 264-265 264-265
2212 ATHLETIC REVENUE FUND 266 266
2217 SCHOOL FACILITIES RENTAL 267 267
2222 AFTER SCHOOL PROGRAM 268 268
2227 NORTH STUDENT SHOP 269 269

Page Image
Board Of Aldermen - Agenda - 6/21/2022 - P4

Board Of Aldermen - Agenda - 6/21/2022 - P5

By dnadmin on Mon, 11/07/2022 - 07:49
Document Date
Thu, 06/16/2022 - 15:50
Meeting Description
Board Of Aldermen
Document Type
Agenda
Meeting Date
Tue, 06/21/2022 - 00:00
Page Number
5
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/boa_a__062120…

2232 SOUTH STUDENT SHOP 270 270
2247 CULINARY ARTS 271 271
2252 DAY CARE 272 272
2257 SPECIAL EDUCATION-LOCAL TUITION 273 273
2258 SCHOOL CTE TUITION FUND 274 274
3899 SCHOOL GRANTS 275

ADJOURNMENT

Page Image
Board Of Aldermen - Agenda - 6/21/2022 - P5

Board Of Aldermen - Agenda - 6/21/2022 - P6

By dnadmin on Mon, 11/07/2022 - 07:49
Document Date
Thu, 06/16/2022 - 15:50
Meeting Description
Board Of Aldermen
Document Type
Agenda
Meeting Date
Tue, 06/21/2022 - 00:00
Page Number
6
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/boa_a__062120…

R-22-035

RESOLUTION

RELATIVE TO THE ADOPTION OF THE FISCAL YEAR 2023 PROPOSED BUDGET
FOR THE CITY OF NASHUA GENERAL, ENTERPRISE, SPECIAL REVENUE AND
GRANT FUNDS

CITY OF NASHUA

In the Year Two Thousand and Twenty-Two

RESOLVED by the Board of Aldermen of the City of Nashua that the Fiscal Year 2022
Proposed Budget for the General Fund of the City of Nashua be and is hereby adopted, and that
the following amounts are hereby appropriated for the several accounts and for other needs of the
City of Nashua General Fund for the fiscal year beginning July 1, 2022, and ending June 30,
2023, and 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. The proposed
General Fund appropriation amount is $302,998,903 with estimated General Fund Revenues of
$72,322,078 including estimated state funding for education in the amount of $41,110,000.

That the Fiscal Year 2023 Proposed Budget for the Enterprise Funds of the City of
Nashua be and is hereby adopted, and that the following amounts are hereby appropriated for the
several accounts and for other needs of the City of Nashua Enterprise Funds for the fiscal year
beginning July 1, 2022 and ending June 30, 2023, and 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
separate appropriation. The proposed Enterprise Funds appropriation amount is $44,082,794
(inclusive of anticipated Capital Appropriations), with estimated Enterprise Funds Revenues of
$38,222,735 and any additional funding for capital and CSO-related expenditures from retained
earnings, bonding and/or State Revolving Fund Loans.

That the Fiscal Year 2023 Proposed Budget for the Special Revenue Funds of the City of
Nashua be and is hereby adopted, and that the following amounts are hereby appropriated for the
several accounts and for other needs of the City of Nashua Special Revenue Funds for the fiscal
year beginning July 1, 2022 and ending June 30, 2023. The proposed Special Revenue Funds
appropriation amount is $36,607,613 with estimated Special Revenue Funds Revenues of
$36,607,613 for the City of Nashua. The proposed Special Revenue Funds appropriation amount
is $22,974,364 with estimated Special Revenue Funds Revenues of $22,974,364 for the Nashua

School District.

Page Image
Board Of Aldermen - Agenda - 6/21/2022 - P6

Board Of Aldermen - Agenda - 6/21/2022 - P7

By dnadmin on Mon, 11/07/2022 - 07:49
Document Date
Thu, 06/16/2022 - 15:50
Meeting Description
Board Of Aldermen
Document Type
Agenda
Meeting Date
Tue, 06/21/2022 - 00:00
Page Number
7
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/boa_a__062120…

RESOLUTION R-22-035

Neither the approval and adoption of this budget, or any appropriation contained herein,
or to any City department or agency, including the Nashua School District, whether as proposed
or amended, shall be deemed to mean that the City has approved any program or responsibility
for funding in accordance with Part 1, Article 28-a of the Constitution of the State of New
Hampshire. Notwithstanding any appropriation herein, the city hereby expressly declines to
approve funding for any program or responsibility for which it is entitled by law to payment
from the State of New Hampshire pursuant to Part |, Article 28-a of the State Constitution,
whether it has previously been determined that the City is entitled to said funding or not.

Pursuant to NRO § 5-145, E, the accumulated sum of all appropriations of the F¥2023
combined annual municipal budget pursuant to Nashua City Charter §56-c is $406,663,584. The
FY2023 dollar amount under the limit established by City Charter Section 56-c is $113,341 ,062.
Please find attached the Combined Annual Municipal Budget Calculation for the FY2023
Proposed Budget and the City of Nashua Charter and Related Laws pertaining to $56-c and §56-
d.

Page Image
Board Of Aldermen - Agenda - 6/21/2022 - P7

Board Of Aldermen - Agenda - 6/21/2022 - P8

By dnadmin on Mon, 11/07/2022 - 07:49
Document Date
Thu, 06/16/2022 - 15:50
Meeting Description
Board Of Aldermen
Document Type
Agenda
Meeting Date
Tue, 06/21/2022 - 00:00
Page Number
8
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/boa_a__062120…

City of Nashua

Charter and Related Laws

§ 56-c. Limitation on budget increases 32

Recognizing that final tax rates for the City of Nashua are set by the New Hampshire
Department of Revenue Administration pursuant to RSA 21-J:35(1}, the mayor, the board of
aldermen, and all departments in the City of Nashua including the mayor’s office, aldermanic
office, legal department, administrative services division, Community services division,
community development division, school department, public works division, fire department,
police department, public libraries, parking garages and cemeteries shall prepare their annual
budget proposals and the Board of Aldermen shall act upon such proposals in accordance with
the mandates in this paragraph.

In establishing a combined annual municipal budget for the next fiscal year, the mayor and the
board of aldermen shall consider total expenditures not to exceed an amount equal to the
combined annual budget of the current fiscal year, increased by a factor equal to the average of
the changes in the Gross Domestic Product Implicit Price Deflator (!PD} for State and Local
Government Consumption Expenditures and Gross Investment of the three (3) calendar years
immediately preceding budget adoption as published by the Bureau of Economic Analysis 33

This provision shall not prevent the mayor and the board of aldermen from establishing a
combined annua! municipal budget below this limit.

This provision shall not prevent the mayor and the board of aldermen from appropriately
funding any programs or accounts mandated to be paid from municipal funds by state and
federal

law.

§ 56-d. Exception to budget limitation34

The total or any part of principal and interest payments of any municipal bond, whether
established for school or municipal purposes, may be exempted from the limitation defined in
paragraph 56-c upon an affirmative vote of at least ten (10) aldermen. This decision shall be
made annually.

In addition, capital expenditures deemed necessary by the mayor and the board of aidermen,
subject to recommendation by the capital improvements committee (ref. Paragraph 77- a of
the City Charter) may similarly be exempted from this limitation upon an affirmative vote of at
least ten (10} aldermen.

Page Image
Board Of Aldermen - Agenda - 6/21/2022 - P8

Board Of Aldermen - Agenda - 6/21/2022 - P9

By dnadmin on Mon, 11/07/2022 - 07:49
Document Date
Thu, 06/16/2022 - 15:50
Meeting Description
Board Of Aldermen
Document Type
Agenda
Meeting Date
Tue, 06/21/2022 - 00:00
Page Number
9
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/boa_a__062120…

City of Nashua Combined Budget Analysis to the
FY23 Proposed Budget

Combined Annual Municipal Budget Calculation (per Nashua City Charter § 56-c)

Description

Arnpropriations
General Fund
Enterprise Funds

Special Revenue Funds (includes Grants)
Total Appropriations

Supplemental Appropriations

General Fund
Enterprise Funds

Capital Project Funds
Total Supplemental Appropriations

Total Appropriations

Spending Cap Calculation

FY2022 Total Appropriations
Add: F¥2022 Supplemental Appropriations
FY2022 Total Appropriations

Last 3-Years Annual Average S&L IPD
Allowable Spending Over Prior Year Total Appropriations

Maximum Appropriations Allowed {Line 20 plus Line 23)

Total Proposed Appropriations - FY2023
Total Appropriations Under the Spending Cap

FY 2022 FY 2023
291.026,961 $ 302,998,903
38,344,285 44,082.704
95,981,790 59,581,977
425,353,036 A) 406,663,534
2,338,394 $
1,859,440 -
76,290,225 2
80,488.059 3 :
505,841,095 $ 406,663,584
$ 425,353,036
80,488,059
3 505,841,095
2.8%
$ 14,163,551
$ 520,004,646
406,663. 584
3 (113,341,062)

Page Image
Board Of Aldermen - Agenda - 6/21/2022 - P9

Board Of Aldermen - Agenda - 6/21/2022 - P10

By dnadmin on Mon, 11/07/2022 - 07:49
Document Date
Thu, 06/16/2022 - 15:50
Meeting Description
Board Of Aldermen
Document Type
Agenda
Meeting Date
Tue, 06/21/2022 - 00:00
Page Number
10
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/boa_a__062120…

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

Page Image
Board Of Aldermen - Agenda - 6/21/2022 - P10

Board Of Aldermen - Minutes - 6/14/2022 - P1

By dnadmin on Mon, 11/07/2022 - 07:49
Document Date
Tue, 06/14/2022 - 00:00
Meeting Description
Board Of Aldermen
Document Type
Minutes
Meeting Date
Tue, 06/14/2022 - 00:00
Page Number
1
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/boa_m__061420…

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

Page Image
Board Of Aldermen - Minutes - 6/14/2022 - P1

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