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R-18-059
Endorser: Alderman-at-Large Brian S. McCarthy
RELATIVE TO THE TRANSFER OF $8,000 FROM DEPARTMENT 194 “CONTINGENCY”,
ACCOUNT 70100 “GENERAL CONTINGENCY” TO DEPARTMENT 107 “CITY CLERK”, ACCOUNT
CLASSIFICATION 55, ACCOUNT 55600 “PRINTING” FOR COSTS RELATED TO THE SPECIAL
MUNICIPAL ELECTION

R-18-060
Endorser: Alderman-at-Large Brian S. McCarthy
DECLARING A MUNICIPAL SPECIAL ELECTION TO FILL A VACANCY ON THE BOARD OF FIRE
COMMISSIONERS ON NOVEMBER 6, 2018, ESTABLISHING THE TIME PERIOD FOR FILING
NOMINATION PETITIONS, ESTABLISHING POLLING TIMES AND ISSUING PRECEPTS TO THE
SELECTMEN OF THE CITY WARDS

R-18-061
Endorser: Mayor Jim Donchess
ESTABLISHING POLLING TIMES FOR THE STATE PRIMARY ELECTION ON SEPTEMBER 11,
2018 AND THE STATE GENERAL ELECTION ON NOVEMBER 6, 2018

R-18-062

Endorsers: Mayor Jim Donchess

Alderwoman Mary Ann Melizzi-Golja

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

Alderman-at-Large Lori Wilshire
RELATIVE TO THE ACCEPTANCE AND APPROPRIATION OF UP TO $650,000 FROM THE
DEPARTMENT OF HOMELAND SECURITY INTO FIRE GRANT ACTIVITY “FY2017 ASSISTANCE
TO FIREFIGHTERS GRANT” AND AUTHORIZING THE TRANSFER OF UP TO $65,000 OF
MATCHING FUNDS FROM THE FISCAL YEAR 2018 BUDGET

R-18-063
Endorsers: Mayor Jim Donchess
Alderman-at-Large Lori Wilshire
RELATIVE TO THE ACCEPTANCE AND APPROPRIATION OF $50,000 FROM THE NH
DEPARTMENT OF HEALTH & HUMAN SERVICES INTO PUBLIC HEALTH & COMMUNITY
SERVICES GRANT ACTIVITY “HEALTHY HOMES AND LEAD POISONING CASE MANAGEMENT”

R-18-064
Endorsers: Mayor Jim Donchess
Alderman-at-Large Lori Wilshire
RELATIVE TO THE ACCEPTANCE AND APPROPRIATION OF $261,767 FROM THE STATE OF
NEW HAMPSHIRE, DEPARTMENT OF SAFETY INTO POLICE GRANT ACTIVITY-“FY2019 OPIOID
ABUSE REDUCTION INITIATIVE (OARI) GRANT”

NEW BUSINESS — ORDINANCES
O-18-018
Endorser: Mayor Jim Donchess
AMENDING BOARD OF BUILDING AND FIRE CODES APPEALS
PERIOD FOR GENERAL PUBLIC COMMENT
REMARKS BY THE MEMBERS OF THE BOARD OF ALDERMEN

Committee announcements:

ADJOURNMENT

Proposed Amendments from Budget Cmte Mtg of 6/25/2018 R-18-040

RESOLUTION

AUTHORIZING THE MAYOR AND CITY TREASURER TO APPLY
TO THE NEW HAMPSHIRE DEPARTMENT OF ENVIRONMENTAL
SERVICES FOR A LOAN OF UP TO FIVE MILLION TWO HUNDRED THOUSAND
DOLLARS ($5,200,000) FROM ITS REVOLVING LOAN FUND FOR EXPENSES
RELATED TO THE PHASE 1 AND PHASE 2 IMPLEMENTATION OF THE
WASTEWATER COLLECTION SYSTEM CAPACITY, MANAGEMENT, OPERATION
AND MAINTENANCE (“CMOM”) PLAN

CITY OF NASHUA

In the Year Two Thousand and Eighteen

WHEREAS the City of Nashua has examined and duly considered the provisions of RSA
486:14 and the New Hampshire Code of Administrative Rules Chapter Env-Wq 500, which
relate to loans from the state revolving fund; and

WHEREAS the City of Nashua deems it to be in the public interest to file a loan
application for the Phase 1 and Phase 2 implementation of the Wastewater Collection System
Capacity, Management, Operation and Maintenance (“CMOM7”) Plan.

NOW THEREFORE, BE IT RESOLVED by the Board of Aldermen of the City of
Nashua that:

Mayor James Donchess is hereby authorized on behalf of the City of Nashua to file an
application for a loan up to $5,200,000 for the Phase 1 and Phase 2 implementation of the
Wastewater Collection System Capacity, Management, Operation and Maintenance (“CMOM”)
Plan to be made in accordance with New Hampshire Code of Administrative Rules Chapter Env-
Wg 500;

If such loan is made, the City of Nashua agrees to repay the loan as stipulated in the loan
agreement;

The Treasurer for the City of Nashua is hereby designated as authorized representative of
the City of Nashua for the purpose of furnishing such information, data and documents
pertaining to the City of Nashua for the loan as may be required, and otherwise to act as the
authorized representative of the City of Nashua and take any such other action in connection
with this application as may be necessary; and

The Mayor is authorized to enter into the required contracts therefore as well as any
amendments to be made thereto or any other documentation necessary for the receipt of said
funds.

PROPOSED AMENDMENTS FROM INFRASTRUCTURE MTG OF 6/27/2018
O-18-007

ORDINANCE

PROHIBITING PLACING OR BLOWING YARD DEBRIS IN THE STREET

CITY OF NASHUA

In the Year Two Thousand and Eighteen

The City of Nashua ordains that Part II “General Legislation”, Chapter 285 “Streets and
Sidewalks”, Article IV “General Street and Sidewalk Regulation”, Section 285-28 “Placing snow
in street” of the Nashua Revised Ordinances, as amended, be hereby further amended by deleting
the struck-through language and adding the new underlined language as follows:

Ҥ 285-28. Placing snow or yard debris in street.

No person shall by himself ef or by his agent or agents throw, push, blow or put any

snow, efice, or yard debris, including but not limited to leaves, branches, and grass
clippings, into oraeress the right- of way of any way, street, lane, oralley or sidewalk.

e his-se h Wy A val—This section

shall not apply to the following situations: (i) placement hi has been directed or requested

by the Division of Public Works: or (ii) clean-up or collection of material is

simultaneously occurring. This section shall be enforced in accordance with the

provisions of § 74-1 through § 74- 5.” Anypersonawhe shal elate this seetion shalt

bi ral idedin-$ >>

PENNICHUC kK” 25 MANCHESTER STREET

PO BOX 1947
MERRIMACK, NH 03054-1947

(603) 882-5191
FAX (603) 913-2305

WWW.PENNICHUCK.COM

VIA HAND DELIVERY

JECEIVE

June 28, 2018 JUN 2 8 2018

fon, f

Mr. Steven A. Bolton [By

Corporation Counsel
City of Nashua

229 Main Street
Nashua, NH 03060

Re: — Request for Approval of Loans from (1) the New Hampshire Drinking Water
Revolving Loan Fund Program to Pennichuck East Utility, Inc. and (2) the New
Hampshire Drinking Water and Groundwater Trust Fund to Pennichuck Water
Works, Inc.

Dear Attorney Bolton:

Introduction. As you know, the City of Nashua, New Hampshire (the “City’’) is the sole
corporate shareholder of Pennichuck Corporation (“Pennichuck”). The City has been the sole
shareholder since the acquisition of Pennichuck on January 25, 2012.

The purpose of this letter is to request that the City, acting in its capacity as sole shareholder,
approve several resolutions authorizing two of Pennichuck’s regulated public water utility
(“PWW”), to borrow funds from the State of New Hampshire pursuant to the State Drinking
Water Revolving Loan Fund Program (the “SRF Program”) and the New Hampshire Drinking

corm

Water and Groundwater Trust Fund (the “Trust Fund”).

Background. As part of the City’s acquisition of Pennichuck, in accordance with special
legislation enacted by the State Legislature, and as unanimously approved by the Mayor and
Board of Aldermen on January 11, 2011, the corporate structure of Pennichuck and its utility
subsidiaries was retained. This corporate structure was retained for several reasons. First, the
Mayor and Board of Aldermen desired to maintain stability and continuity for customers and
employees of the Pennichuck utilities and the communities they serve. Second, retaining the
corporate structure provided continuity for the existing relationships with regulatory agencies
and financial/banking partners. Third, the Mayor and Board of Aldermen unanimously agreed

eet

Mr. Steven A. Bolton
Corporation Counsel
June 28, 2018

Page Two

that the corporate structure would encourage business-smart decisions and rely upon well-
established governance principles of corporate law, pursuant to Pennichuck’s Articles of
Incorporation and its by-laws.

Shareholder Approval of Borrowings Required. Under Article IX of Pennichuck’s Articles of
Incorporation, the City, acting in its capacity as Pennichuck’s sole shareholder, must approve:

“(3) any action to (A) create, incur or assume any indebtedness for borrowed
money or guaraniee any such indebtedness cf any person, (B) issue or sell
any debt securities or warrants or other rights to acquire any debt securities
of the [Pennichuck] Corporation or any of its Subsidiaries, or (C) guarantee

any debt securities of any person.”

Proposed Borrowings. Pennichuck requests the City’s approval for one loan from the SRF
Program to PEU and one loan from the Trust Fund to PWW. The specifics of these loans are

described below:

(1) under the proposal, PEU would enter into a new long-term loan from the SRF
Program in the principal amount of $4,240,000 to finance the cost of the Locke Lake
New Groundwater Source Project; and

(2) under the proposal, PWW would enter into a new long-term loan from the Trust Fund
in the principal amount of $3,375,000 to finance the cost of the Pennichuck Core Water
Main Replacement Project.

The Lenders. The funds for these loans will be provided by the State of New Hampshire
Drinking Water Revolving Loan Fund Program and the New Hampshire Drinking Water and
Groundwater Trust Fund. The SRF Program and the Trust Fund are administered by the New
Hampshire Department of Environmental Services (“NHDES”). The SRF Program and the Trust
Fund provide public and private water systems the opportunity to borrow funds on favorable terms
at interest rates that are below commercial loan rates. Pennichuck has received confirmation from
the NHDES that funding is available for each of these loans and projects from these two respective
funding sources.

Terms of the Borrowings. Both of these loans will have the same favorable terms, which will
be reflected in separate written Loan Agreements and Promissory Notes issued by PEU and
PWW, as required by the SRF Program and the Trust Fund. Amounts advanced pursuant to the
loans during the construction period will accrue interest at a rate of 1% per annum, and the total
accrued interest will be due upon substantial completion of the project. The terms of the SRF
and Trust Fund loans will require repayment of the loan principal plus interest over a 30-year
period, commencing six months after the project is substantially complete. The current interest

SPECIAL
BOARD OF ALDERMEN/BOARD OF PUBLIC WORKS
JOINT MEETING

MAY 31, 2016
6:30 PM

PRESIDENT BRIAN S. MCCARTHY CALLS ASSEMBLY TO ORDER
PRAYER OFFERED BY CITY CLERK PATRICIA D. PIECUCH
PLEDGE TO THE FLAG LED BY ALDERMAN KEN SIEGEL

ROLL CALL

COMMUNICATIONS

From: Brian S. McCarthy, President, Board of Aldermen
Re: Special Board of Aldermen Meeting

ADJOURNMENT

Aldermanic Chamber

Mr. Steven A. Bolton
Corporation Counsel
June 28, 2018

Page Three

rate on the SRF Program and Trust Fund borrowings is 2.424% per annum, though the final rate
is not locked in until the loan commences its repayment period. The loans will be unsecured.
The corporate parent, Pennichuck, will provide an unsecured corporate guaranty of the
repayment of the loans in accordance with the terms of a Guaranty Agreement.

Approval by Pennichuck, PEU and PWW. The loans to finance the projects listed above and
the guaranty of the loans have been approved by the respective Board of Directors of
Pennichuck, PEU and PWW.

Pennichuck recommends that the City authorize (1) PEU to enter into the loan under the SRF
Program; (ii) PWW to enter into the loan under the Trust Fund, and (iii) Pennichuck to enter into
the Guaranty Agreements for both companies and loans.

Other Approvals. As regulated public utilities, PEU and PWW must obtain approval of the
loans from the New Hampshire Public Utilities Commission (““NHPUC”), which will approve
the loans if it finds the loans to be consistent with the public good. PEU and PWW will file
petitions for approval with the NHPUC in early July, and expects the NHPUC to consider the
petitions promptly. Under the SRF Program and the Trust Fund, the loans must also be approved
by the Governor and Executive Council.

Lower Costs Are Good for Customers. Pennichuck and its Board of Directors have
determined that the capital projects to be financed by the SRF Program and Trust Fund loans will
allow PEU and PWW to continue to provide safe, adequate and reliable water service to its
customers on a cost-effective basis. The terms of the financings through the SRF Program and
Trust Fund are very favorable compared to other alternatives and will result in lower financing
costs than would be available under other debt options. These lower financing costs will be
passed on to customers.

Requested Approvais. For the reasons described above, Pennichuck respectiully requests that
the City, acting in its capacity as sole shareholder of Pennichuck and pursuant to Article IX(3) of
Pennichuck’s Articles of Incorporation, authorize the following actions:

RESOLVED, that the City hereby approves the borrowing by Pennichuck East Utility,
Inc. of up to $4,240,000 from the State of New Hampshire pursuant to the State
Drinking Water Revolving Loan Fund Program to finance the cost of the Locke Lake
New Groundwater Source Project;

FURTHER RESOLVED, that the City hereby approves the borrowing by Pennichuck
Water Works, Inc. of up to $3,375,000 from the State of New Hampshire pursuant to
the New Hampshire Drinking Water and Groundwater Trust Fund to finance the cost of
the Pennichuck Core Water Main Replacement Project;

Mr. Steven A. Bolton
Corporation Counsel
June 28, 2018

Page Four

FURTHER RESOLVED, that the City hereby approves the guaranty by Pennichuck
Corporation of the payment by Pennichuck East Utility, Inc. and Pennichuck Water
Works, Inc. of each of the loans authorized in the two prior resolutions; and

FURTHER RESOLVED, that the City hereby authorizes Pennichuck Corporation,
Pennichuck East Utility, Inc., and Pennichuck Water Works, Inc., their Boards of
Directors, and their Officers, to take any and all actions required to obtain all necessary
approvals with respect to the actions described in these resolutions and to execute and
deliver such documents as are necessary to effect the State Drinking Water Revolving
Loan Fund and Trust Fund loans and the guarantees described in these resolutions.

Respectfully submitted,

PENNICHUCK CORPORATION

Larry D. Goodhue
Chief Executive Officer

cc. Mayor James Donchess

Chairman Len Fournier - Superintendent Vice Chairman

NILES F. JENSEN JR. Mayor JIM DONCHESS - Ex-Officio MICHAEL L. MCLAUGHLIN
Secretary 101 Kinsley Street Treasurer
BARBARA A. WHITMORE Nashua, New Hampshire 03060 DAVID G. FREDETTE

Phone: (603) 594-3354 Fax: (603) 594-3418

July 2, 2018

Nashua Board of Alderman
Attn: Susan Lovering

City Hall

Nashua, NH 03060

Dear Susan,

Would you please schedule a Joint Convention with the Alderman to nominate three new
Trustees, to the Board of Trustees for Woodlawn / Pinewood Cemeteries.

The nominees are:
e Mark Coulombe (Replacing the resigning Charles Farwell, Jr.)
e Patricia Bedinger (Replacing Marvis Mellen — Passed Away)
e Todd Whitney (Replacing John Economopoulos — Resigned)

Thank You,
Len Fournier
Superintendent

Woodlawn/Pinewood Cemeteries

CC: Niles Jensen, Chairmen of Trustees

Incorporated 1895