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March 21, 2018

Board of Aldermen
City Hall

229 Main Street
Nashua, NH 03060

City of Nashua
Office of the City Clerk

Patricia Piecuch

To the Members of the Board of Aldermen:

City Clerk

229 Main Street
P.O. Box 2019
Nashua, NH 03061-2019

(603) 589-3010
Fax (603) 589-3029
E-Mail: cityclerkdept@NashuaNH.gov

Charter Section 23 requires that the City Clerk “submit his record of the returns of each
municipal election to the board of aldermen...and the board of aldermen shall canvass the

returns and declare the result. Such declaration shall be duly recorded...”

Please be advised that the returns of the Special Municipal Election held on March 20, 2018
for the purpose of filling a vacancy for the Board of Education were as follows:

Sandra Ziehm: 454
Susan Porter: 1,439

1,911 ballots were cast. Election day voter registrations totaled 24 and voter registration at
the close of the polls totaled 56,595. As such, voter turnout for the special election was 3.38%

of registered voters.

Ward-by-ward results appear below:

Ward Sandra Ziehm Susan Porter*
1 8&5 211
2 47 184
3 52 216
4 29 57
5 60 171
6 39 102
7 46 110
8 46 176
9 50 212

Total 454 1439

| would like to express my appreciation to the schools which host our polling locations,
especially to the custodians who make sure the schools are ready for when the Public Works
crew arrive to set-up the polling locations as well as the elected officials. Also, thanks to the

Public Works crew which assist in setting up and tearing down the polls, the Parks and
Recreation crew who assist in setting up flags and directional signs, to the Nashua Transit
Authority who again offered free rides to the polls and to the Mayor and Board of Aldermen
for their support of the City Clerk’s Office. A very special thanks to all our newly elected and
appointed election officials, who for some, were there first time working an election. Thanks
to their dedication and support of the election process, our voting process runs smoothly.

Sincerely,

Patricia D. Piecuch
City Clerk

the attention of CONTRACTOR at any time, a full and complete disclosure of the interest shall be
immediately made in writing to the City. If OWNER determines that a conflict exists and was not
disclosed to the City, it may terminate the contract at will or for cause.

ARTICLE 16 —- TERMINATION OF THE CONTRACT
1. Termination, Abandonment, Or Suspension At Will. The OWNER, 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 OWNER chooses to terminate, abandon, or suspend all or part of the project, it
shall provide CONTRACTOR 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 that part of the project and contract.

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

a. Immediately discontinue work on the date and to the extent specified in the notice.
b. Provide the OWNER with a list of all unperformed services.
iS Place no further orders or sub-contracts 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.

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

e. Not resume work after the effective date of a notice of suspension until receipt of a
written notice from the OWNER to resume performance.

In the event of a termination, abandonment, or suspension at will, CONTRACTOR shall receive all
amounts due and not previously paid to CONTRACTOR for work satisfactorily completed in
accordance with the contract prior to the date of the notice and compensation for work thereafter
completed as specified in the notice. No amount shall be allowed or paid for anticipated profit on
unperformed services or other unperformed work.

2. Termination for Cause. This agreement may be terminated by the OWNER on 10 calendar
day’s written notice to CONTRACTOR in the event of a failure by CONTRACTOR to adhere
to any or all the terms and conditions of the contract or for failure to satisfactorily, in the sole
opinion of the OWNER, to complete or make sufficient progress on the work in a timely and
professional manner. CONTRACTOR shall be given an opportunity for consultation with the
OWNER prior to the effective date of the termination. CONTRACTOR may terminate the
contract on 10 calendar days written notice if, through no fault of CONTRACTOR, the
OWNER fails to pay CONTRACTOR for 45 days after the date of approval by the OWNER
of any Application for Payment.

Upon receipt of notice of termination for cause, CONTRACTOR shall:

a. Immediately discontinue work on the date and to the extent specified in the notice.
b. Provide the OWNER with a list of all unperformed services.

AG-10

APPOINTMENT BY THE MAYOR

MARCH 27, 2018

Energy and Environment Committee
Anita Arden Cala (New Appointment) Term to Expire: March 31, 2020

15 Taylor Street
Nashua, NH 03060

| respectfully request that this appointment be confirmed.

Jim Donchess
Mayor

A special meeting of the Board of Aldermen was held Wednesday, March 14, 2018, at 7:30 p.m. in the
Aldermanic Chamber.

President Brian S. McCarthy presided; City Clerk Patricia Piecuch recorded.

Prayer was offered by City Clerk Patricia Piecuch; Alderman Ernest A. Jette led in the Pledge
to the Flag.

The roll call was taken with 12 members of the Board of Aldermen present; Alderman Ken Gidge and
Alderman Tom Lopez were recorded absent. Alderman Tencza arrived after roll call at 7:31 p.m.

Mayor James W. Donchess and Corporation Counsel Steven A. Bolton were also in attendance.
REMARKS BY THE MAYOR

Thank you Mr. President. On your desk tonight we have the proposed budget for fiscal 2019. This is
being introduced a couple months earlier than we have in the past because we know that you may
know that you may need time to study it and understand it, especially for the new members of the
board and to give those people on the budget committee relief so that they are not here every night
over a period of four weeks late into the evening. Now the budget is | am going to say a tight budget,
the amount that it would increase spending over the amount appropriated in the current year which is
fiscal 2018 is 1.3%. Now that base includes two supplemental appropriations that were done during
the year. If those supplemental appropriations were excluded the budget would be up from the
budget passed last year by 1.6%.

The driving factor here is the fact that we have a re-evaluation coming, a State ordered re-evaluation
which we don’t know for sure what is going to happen. Given the rather rapid increases in residential
home values, it could result in a shift from some value from commercial which has not gone up as
much as residential possibly, to residential, which would mean a tax increase without the budget even
being a factor. So with that in mind in order to minimize, to lessen any impact of the re-evaluation I’ve
kept the budget very tight, at either 1.3% or 1.6% depending on how you look at it. But to get there,
we’ve definitely had to impose some discipline or impose some things that would not be ideal maybe.
I’ve had to limit all of the major departments, those being Police, Fire and Schools to a 2.5% increase
despite the request by them for more money than that. And you will see other things in the budget,
the surf is funded at a lower level than last year and some other things have been reduced. So as
you go through the budget, you will see that as | said it’s very tight! A 1.6% increase is | think
reasonable under the circumstances that we are facing in order to minimize a property tax increase
that we know may be coming as a result of the State ordered re-evaluation.

Also on the budget is the final action on the Teachers’ Contract. As I’ve said before | think this is a
major step forward in fairly compensating our teachers for the very important work that they do in the
classroom. We have had a problem over the last few years in terms of an out migration of trained,
seasoned, mid-career teachers for districts nearby such as Amherst, Hollis, even Manchester, where
mid-career teachers are paid at a higher level than the current contract pays Nashua teachers. The
contract that you have before you and which has been recommended by the Budget Committee
improves that situation considerably and | hope that you will follow the recommendation of the Budget
Committee and approve that contract.

Finally, coming up very shortly is our recognition of Chief Galipeau for his many years of service to the
City of Nashua. We have, of course, a proclamation or a resolution that’s going to be passed by the
Board that we will read to him. But I’d like to say on a personal level that I’ve very much enjoyed
working with Chief Galipeau. He is a very dedicated City employee, dedicated to the mission of
Nashua Fire Rescue, which is to help people in all circumstances. And | would also say that we
embarked on the Safe Stations Program in November of 2016 which | think has achieved some
significant results and is also being used as a model in other places around the country. We could not
have done that without the active cooperation and support of both NFR, the Fire Department and

Special Board of Aldermen 03-14-2018 Page 2

especially Chief Galipeau who led the effort from the perspective of the Fire Department. So | know
he’s going to be retiring on April 1*' and is going to be going on a few vacations with his wife and that’s
well deserved. | just want to say that he really deserves the community’s thanks and we really owe
him for all that he’s done for the City, both in recent years and throughout the 38 years of his career.
That’s all | have Mr. President.

RESPONSE TO REMARKS OF THE MAYOR

Alderman O’Brien:

Thank you Mr. President. Mr. Mayor thank you for your remarks but | would like to remind you that
tomorrow up at Concord and being a State Rep is also a big red letter day for the City as far as
Commuter Rail. | think in looking at the calendar the vote will come up for tomorrow to try to put $4
million back into the ten-year transportation plan in the State. Right now it seems to be hijacked and
removed from the budget even though Nashua is seeking and to remind you the private authority in
doing the rail, the $4 million will still go toward a track study. It’s basically no strings attached to it too
much and why it’s being hijacked from the State — now | know Mr. Mayor we did come out with the
resolution from this very Board which reminds and | hope everyone in our delegation did receive that
to understand that this Board is not really mandating, but is requesting that our delegates that we
have sent up to Concord to remind them of their duty to vote as Nashuans and try to get something
worthwhile commuter rail into Nashua that | think will go for a long, long way of economic vitality for
our City. | don’t know, Mr. Mayor, if you would like to comment on my remarks or not on that.

Mayor Donchess:

Well Alderman O’Brien of course | agree completely. We would be a big step forward if we could
complete the planning for the capital coder project, $4.1 million or $4.2 million without the expenditure
of any State funds, would certainly advance the chances of getting commuter rail in Nashua. We are
pursuing, as you know, a two horse strategy as someone put it. One being the $4 million that
Alderman O’Brien has spoken about, the other being the private approach which we are working on
with the Boston Service Rail Corporation. | would just remind the legislators that 35.1% of the State’s
gross state product is generated in the Manchester/Nashua area and that we really need — we are
growing jobs down here and we need the State’s help to continue to grow the economy of our region
in the State by getting their assistance with respect to our infrastructure. So thank you for raising that
raising that Alderman and State Rep O’Brien.

Alderman Jette:

Mayor, the 1.3 and the 1.6% increase that you talked about sounds like it would be within the
spending cap. Could you comment on what the status of the spending cap is in your mind and
whether or not this would be within that, if it’s still something that we have to stick by.

Mayor Donchess:

Well the Hillsborough County Superior Court ruled that the spending cap that Nashua has is
inconsistent with State law and is unenforceable. However, for the purposes of illustration only within
the budget you will see the spending cap calculation, what it would be if the spending cap were still
enforceable. The budget that is proposed here that | have proposed is $1,083,000.00 below what the
spending cap, were it still in effect, would have allowed. So this is considerably below, but again, the
point here is that we know we have a re-evaluation coming. The facts suggest that residential
property has gone up a lot and commercial maybe shopping centers and other things like that have
not gone up as much. Therefore, there could be a shift towards residential in terms of the whole tax
pie meaning potentially, possibly we are going to try to lessen its impact as much as possible but
meaning a tax increase for residences without regard to the budget. So | have proposed a very lean

Special Board of Aldermen 03-14-2018 Page 3

budget which would mitigate, lessen the impact of the re-evaluation. But again, were the spending
cap still enforceable, this budget would be $1,083.000.00 below the amount allowed.

RECOGNITION PERIOD
R-18-016
Endorsers: Mayor Jim Donchess
Board of Aldermen
RECOGNIZING CHIEF STEVEN G. GALIPEAU OF NASHUA FIRE RESCUE
Given its first reading;

There being no objection, President McCarthy suspended the rules to allow for a second
reading of R-18-016

Resolution R-18-016 given its second reading;

MOTION BY ALDERWOMAN MELIZZI-GOLJA FOR FINAL PASSAGE OF R-18-016
MOTION CARRIED

Resolution R-18-016 declared duly adopted.
Mayor Donchess presented Chief Galipeau with a key to the city.

READING MINUTES OF PREVIOUS MEETINGS

There being no objection, President McCarthy declared the minutes of the Board of Aldermen
meetings of February 27, 2018, and March 1, 2018, accepted, placed on file, and the readings
suspended.

COMMUNICATIONS REQUIRING ONLY PROCEDURAL ACTIONS AND WRITTEN REPORTS
FROM LIAISONS

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

There being no objection, President McCarthy accepted the communication and placed
it on file

From: William McKinney, Building Department Manager
Re: |Request to Apply Permit Fees Paid Prior

Communication withdrawn

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

Adam Marcoux, 4 Jolori Lane, President of the Nashua’s Teacher’s Union. First! offer my apologies
to Alderman McCarthy for mistakenly using his name in an e-mail to my staff regarding his abstention
at the budget meeting. My apologies. We did clarify that it was Alderman O’Brien and expressed his
sympathy to us that he had to abstain and we respect your stance on that. | am here to obviously
speak in favor of the contract that we spent over a year negotiating with the School Board. This is in
replace of a bridge contract that lasted one year and as mentioned by the Mayor, this contract goes
and moves us forward when it comes to our salary schedule. As I’ve told the membership and the
Board of Education, it’s not perfect, but it’s a start and it’s moving in the right direction and its four

Special Board of Aldermen 03-14-2018 Page 4

years of stability for our teachers, for our school district and most importantly for our students. |
wanted to thank the Budget Committee and Alderman Dowd for their formal support and a unanimous
decision to send it forward to the full board and | look forward to hopefully having a unanimous
decision tonight to send forward to the membership. Thank you.

Ren Beaudoin, 90 Burke Street, Nashua, | also do work here in public health. I’m here to talk about R-
18-008. | just wanted to make a brief comment. | did send some of the concerns that I’ve had over to
a few folks earlier, so | thank you all for looking at that. | just had something to ask the board to just
take a little bit of time to really look into that merit plan. The plan itself looks like a good plan, but the
grid which was made, the old grid versus where new folks, or folks that land on that new grid versus
the old grid, a lot of people have gone down. And that’s where | really would ask the board to really
take a critical look at, to see where folks were and where they land on this new plan. That’s all.
Thank you.

Gary Hoffman, 38 Perham Street, Nashua, New Hampshire. I’m here to speak in favor of R-18-008,
the new collective bargaining agreement that’s been tentatively agreed with the Board of Education
Nashua Teacher’s Union. The first thing, I’d like to thank the Budget Committee for unanimously
passing this agreement a couple weeks ago. Alderman Jette had asked a question about the
spending cap and | know that it’s been deemed unenforceable by the Courts but I’m sure it’ll still be
used in planning purposes at the very least. But the number was 1.9% this year and | confirmed it
with the CFO the city government inflation was 3% last year so no matter what happens at least for
the next three years that 3% number will be with us so it’s likely to you know, just for a base line. If
you're curious about any of this information, feel free to contact me. | keep spreadsheets on it all.

Regarding the new Collective Bargaining Agreement | guess in terms of planning this deal is unique in
the fact that previous collective bargaining agreements that have been brought before this Board
usually the money, the expensive parts of the budget, are towards the end in years 3 or 4 and then it
tends to be leaner in the beginning. I’ve always thought that is sort of psychological break because
always assume the future is going to be better than present conditions. This agreement actually does
the opposite. This agreement becomes less expensive in years 3 and 4 then it is in the beginning of
the contract, | realize that year 1 is already paid for and has already been budgeted. Years 3 and 4 |
believe the cost increase is actually below 2% so as a Board going forward and planning, it’s nice to
have an agreement where the numbers actually go down and it becomes actually more affordable.
So it’s something to consider. Also just by passing this agreement it is going to improve morale in the
public schools. | am a public school teacher as many of you know. | view this contract as more ten
years in the making. The last time we had significant movement on the salary schedule was 2008
and so a lot of teachers have been waiting for about 10 years and some stopped waiting a few years
ago like Mayor Donchess said and did move to Amherst and even Manchester in some cases. So |
urge you to unanimously support this agreement and thank you.

COMMUNICATIONS REQUIRING FINAL APPROVAL — None
PETITIONS — None

NOMINATIONS, APPOINTMENTS AND ELECTIONS

Appointments by the Mayor

The following appointments were read into the record:

Downtown Improvement Committee

Michael Watt, Alternate (New Appointment) Term to Expire: March 31, 2021
5 Strawberry Bank Road, Apt. 16
Nashua, NH 03062

Special Board of Aldermen 03-14-2018 Page 5
Mine Falls Park Advisory Committee

Brian Edwards (Reappointment) Term to Expire: September 1, 2019

1 Rice Avenue

Nashua, NH 03060

There being no objection, President McCarthy accepted the appointments by the Mayor
as read and referred them to the Personnel/Administrative Affairs Committee.

Joint Convention with the Library Board of Trustees

There being no objection, President McCarthy declared that the Board of Aldermen meet
in Joint Convention with the Library Board of Trustees for the purpose of electing a trustee
and called for nominations.

Trustee Laflamme nominated Manuel Espitia for a term to expire March 31, 2025.
There being no other nominations, President McCarthy closed the nominations.

A Viva Voce Roll Call vote was taken on the appointment of Manuel Espitia for a term to expire March
31, 2025, which resulted as follows:

Yea: Alderman Wilshire, Alderman Harriott-Gathright
Alderman Dowd, Alderman Klee, Alderman Laws
Alderman Caron, Alderwoman Kelly
Alderman Jette, Alderwoman Melizzi-Golja, Alderman Tencza
Alderman Schmidt, Alderman O’Brien, Alderman McCarthy
Trustee Laflamme, Mayor Donchess 15

Nay: 0

MOTION CARRIED

President McCarthy declared Manuel Espitia duly appointed to the Board of Library Trustees for a
term to expire March 31, 2025.

Oath of Office administered by Corporation Counsel Steven A. Bolton.

There being no objection, President McCarthy declared that the Convention now arise.
Joint Convention with Woodlawn/Pinewood Cemeteries Board of Trustees

There being no objection, President McCarthy declared that the Board of Aldermen meet
in Joint Convention with the Woodlawn/Pinewood Cemeteries Board of Trustees for the
purpose of electing two trustees and called for nominations.

Trustee Niles Jensen nominated Niles Jensen and David Aponovich for five year terms to expire
March 31, 2023.

There being no other nominations, President McCarthy closed the nominations.

Special Board of Aldermen 03-14-2018 Page 6

A Viva Voce Roll Call vote was taken on the appointment of Niles Jensen and David Aponovich to the
Woodlawn/Pinewood Cemeteries Board of Trustees for terms to expire March 31, 2023, which
resulted as follows:

Yea: Alderman Wilshire, Alderman Harriott-Gathright
Alderman Dowd, Alderman Klee, Alderman Laws
Alderman Caron, Alderwoman Kelly
Alderman Jette, Alderwoman Melizzi-Golja, Alderman Tencza
Alderman Schmidt, Alderman O’Brien, Alderman McCarthy
Trustee Buslovich, Trustee Dana Farwell,
Trustee Jensen, Mayor Donchess 17

Nay: 0

MOTION CARRIED

President McCarthy declared Niles Jensen and David Aponovich duly appointed to the Woodlawn/
Pinewood Cemeteries Board of Trustees for terms to expire March 31, 2023.

Oath of Office administered by Corporation Counsel Steven A. Bolton to Niles Jensen.

There being no objection, President McCarthy declared that the Convention now arise.

Joint Convention with Edgewood Cemetery Board of Trustees

There being no objection, President McCarthy declared that the Board of Aldermen meet
in Joint Convention with the Edgewood Cemetery Board of Trustees for the purpose of
electing three trustees and called for nominations.

Trustee Mafee nominated Douglas Barker and Charles Hall for terms to expire March 31, 2023, and
Brian Law for a term to expire March 31, 2020.

There being no other nominations, President McCarthy closed the nominations.

A Viva Voce Roll Call vote was taken on the appointment of Douglas Barker, Charles Hall and Brian
Law to the Edgewood Cemetery Board of Trustees, which resulted as follows:

Yea: Alderman Wilshire, Alderman Harriott-Gathright
Alderman Dowd, Alderman Klee, Alderman Laws
Alderman Caron, Alderwoman Kelly
Alderman Jette, Alderwoman Melizzi-Golja, Alderman Tencza
Alderman Schmidt, Alderman O’Brien, Alderman McCarthy
Trustee Andrade, Trustee Maffee, Mayor Donchess 16

Nay: 0

MOTION CARRIED

President McCarthy declared Douglas Barker, Charles Hall and Brian Law duly appointed to the
Edgewood Cemetery Board of Trustees for the aforementioned terms.