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SPECIAL BOARD OF ALDERMEN

APRIL 29, 2019

6:45 PM Aldermanic Chamber

PRESIDENT LORI WILSHIRE CALLS ASSEMBLY TO ORDER

PRAYER OFFERED BY CITY CLERK PATRICIA D. PIECUCH

PLEDGE TO THE FLAG LED BY ALDERMAN-AT-LARGE MICHAEL B. O’BRIEN, SR.
ROLL CALL

COMMUNICATIONS

From: Lori Wilshire, President, Board of Aldermen
Re: Special Board of Aldermen Meeting

UNFINISHED BUSINESS — RESOLUTIONS

R-19-127
Endorsers: Mayor Jim Donchess
Alderman-at-Large Lori Wilshire
Alderman-at-Large Michael B. O’Brien, Sr.
Alderman Linda Harriott-Gathright
Alderman Richard A. Dowd
Alderman-at-Large Brandon Michael Laws
Alderman Tom Lopez
Alderwoman-at-Large Shoshanna Kelly
Alderwoman Mary Ann Melizzi-Golja
Alderman-at-Large David C. Tencza
Alderman Jan Schmidt
Alderman-at-Large Ben Clemons
AUTHORIZING THE MAYOR AND CITY TREASURER TO ISSUE BONDS NOT TO EXCEED
THE AMOUNT OF TWO MILLION EIGHT HUNDRED THOUSAND DOLLARS ($2,800,000) FOR
POLICE DEPARTMENT HEATING, VENTILATION, AND AIR CONDITIONING SYSTEM (HVAC),
AND WINDOW IMPROVEMENTS
e Budget Review Committee Recommends: Final Passage
e Also assigned to Board of Police Commissioners: Favorable Recommendation Issued 4/18/2019

ADJOURNMENT

Board of Aldermen
City of Nashua
229 Main Street

Nashua, NH 03061-2019
(603) 589-3030

Lori Wilshire
President, Board of Aldermen

April 24, 2019

Patricia D. Piecuch, City Clerk
City of Nashua

229 Main Street

Nashua, NH 03061-2019

Dear Ms. Piecuch:

REC'D CITY CLERK DEPT
APR 24°19 pedo?

Please be advised | am hereby calling a Special Meeting of the Board of Aldermen on Monday, April 29,
2019, at 6:45 p.m. in the Aldermanic Chamber. The purpose of the meeting is to allow for the third
reading of Resolution R-19-127, Authorizing the Mayor and City Treasurer to Issue Bonds not to Exceed
the Amount of Two Million Eight Hundred Thousand Dollars ($2,800,000) for Police Department Heating,
Ventilation, and Air Conditioning System (HVAC), and Window Improvements,

Thank you.

pncerely, . .

Lori Wilshire
President

cc: Mayor Jim Donchess

Steven A. Bolton, Corporation Counsel

PENNICHUCK CORPORATION AND SUBSIDIARIES
CONSOLIDATED STATEMENT OF CHANGES IN STOCKHOLDER'S EQUITY
For the Year Ended December 31, 2014
(in thousands, except per share data)

Accumulated
Additional Other
Common Stock Paid in Retained Comprehensive
Shares Amount Capital Earnings/(Deficit) Income (Loss) Total
Balance as of
January 1, 2014 1,000 §$ - $ 30,561 $ (4,099) $ 298 $ 26,760
Common dividends declared-
$276.554 per share - - - (277) - (277)
Net loss - - : (1,775) - (1,775)
Other comprehensive income (loss):
Unrealized gain on derivatives,
het of taxes of $(140) - : - - (209) (209)
Reclassification of net loss
realized in net income, net of
taxes of $61 : - : : 9] 9]
Balance as of
December 31, 2014 1,000 $ - $ 30,561 $ (6,151) $ 180 $ 24,590
——= >= == === ——

The accompanying notes are an integral part of these consolidated financial statements.

A regular meeting of the Board of Aldermen was held Tuesday, April 23, 2019, at 7:30 p.m. in the Aldermanic
Chamber.

President Lori Wilshire presided; Deputy City Clerk Judith Boileau recorded.

Prayer was offered by Deputy City Clerk Judith Boileau; Alderman Linda Harriott-Gathright led in the Pledge to
the Flag.

The roll call was taken with 9 members of the Board of Aldermen present; Alderman Gidge, Alderman Dowd,
Alderman Lopez, Alderwoman Kelly, Alderwoman Melizzi-Golja and Alderman Tencza were recorded absent.

Mayor James W. Donchess and Corporation Counsel Steven A. Bolton were also in attendance.

REMARKS BY THE MAYOR

Mayor Donchess

One of the issues on the agenda is R-19-132, which is the resolution authorizing the transfer of the lease from the
previous owner of the Silver Knights to the new owner, the Creedon family. | think this is a very positive thing for
the city. The new owners have come in and have shown a lot of enthusiasm for the team and for the ability to have
very quality baseball at Holman Stadium. They do own another team within the league, the Worcester Bravehearts
so they know the business very well. They held a reception for fans and others at Holman the other night, | think
last Wednesday. Of course they were very received. The fans are very enthusiast about the change. | do believe
they will bring energy. | mentioned to Alderman Laws that there’s a deal that they have so you can eat there every
night as much as you want at the game. I’ve mentioned that to others and people have expressed an interest in
their ability to deliver quality food as well. The committee endorsed this unanimously and enthusiastically. Mr.
Creedon is here, and | hope that the board will endorse

R-19-132.

There are two issues on the agenda pertaining to ongoing efforts to do two things: reform the assessing function of
the city government and to improve the effectiveness and efficiency of a number of city departments. Those two
things are the appointment of Lydia Foley as a member of the Board of Assessors to replace a more longstanding
member. She is a person located downtown who has extensive experience in real estate, knows the market really
well, very Nashua dedicated. She will be, in my opinion, a very effective and a good member of the Board of
Assessors. Secondly is the appointment of Ms. Kim Kleiner as the Administrative Services Director. Her
experience and her expertise, both in her private career before the city and certainly since she has been working
for the city for the last three years and change, makes her the best qualified person to take over this new function
and to immediately begin, and this has already begun, but immediately begin to effect changes not only in
assessing but to improve the efficiency and effectiveness of operations elsewhere: IT, purchasing and other areas
of city government. As we discussed before when you authorized the position, the city had an Administrative
Services for 20 plus years through about all or part of six different administrations. The two successful, long
standing administrative services directors, those being Russ Marcoux and later Maureen Lemieux, were both
internal people who had been on the Board of Aldermen, who knew city government very well, who didn’t have to
come in and try to figure out a very complex system here. Both of them had Nashua experience before they were
hired. There was one administrative services director between Russ Marcoux and Maureen Lemieux who was
brought in from the outside, who | think we could be safe to say did not stay very long and was not a successful
holder of that position because that gentleman did not have the type of knowledge and experience with city
government that Russ Marcoux and Maureen Lemieux had had before they assumed the position. If we don’t want
to wait three or four or six months to do a search, and then wait for six months or a year for the person to get up to
speed, if we want to do anything anywhere in the near term, Ms. Kleiner is the most effective person we can find
and probably at the end of a search we would arrive at the same decision anyway. | know this is not before you for
a vote tonight, I’m sure it is going to go to a committee. | will be at the Personnel Committee when it comes up on
the 6", but | wanted to articulate some of my reasons for appointing Ms. Kleiner as her appointment came in.

Board of Aldermen 04-23-2019 Page 2

A couple of other things. The Board of Public Works has before them, and I’m sure they will approve it, a contract
for crack sealing. This is something that will be in addition to the 30 miles of paving we will do in calendar year
2019. This contract will enable crack sealing of 30 additional miles of streets. Crack sealing means the contractor
goes in and fills the cracks in a street to help preserve it for a period of some years so we can preserve some
streets while we pave others so when we get to the streets that have been crack sealed they are in better shape
than they would be if this weren’t undertaken. It is a very effective use of money because the contract is for | think
one hundred and forty some thousand dollars and will enable us to crack seal we think 30 miles of streets, 31
miles, thereby preserving not for the same period of time as paving would, but for several years or more. It will
enable us to preserve the streets while others are being paved. | just wanted to point that out because | know you
all are very interested in making sure the pot holes get filled, the streets get paved. We did 25 miles in 2018. |
think that | have talked to you all very frequently about this. This is another effort that will improve our response
with respect to the longstanding problems with street quality.

Finally, coming up on May 4, is the Nu Muse Music Festival. This is not the first year. | think it’s the third year that
we have held this festival in the spring. | hope anybody who is interested will attend. It’s usually very interesting.
Hopefully the weather will be good. It’s a quality musical festival which will be held downtown. | hope everybody
can attend that on May 4".

RESPONSE TO REMARKS OF THE MAYOR — None

RECOGNITION PERIOD - None

READING MINUTES OF PREVIOUS MEETINGS AND PUBLIC HEARINGS

There being no objection, President Wilshire declared the minutes of the Board of Aldermen
meetings of April 9, 2019, April 15, 2019, and the public hearings conducted by the Human Affairs
Committee on April 8, 2019, and the Planning & Economic Development Committee on April 16, 2019,
accepted, placed on file, and the readings suspended.

COMMUNICATIONS REQUIRING ONLY PROCEDURAL ACTIONS AND WRITTEN REPORTS
FROM LIAISONS

From: David Villiotti, Executive Director, and Nashua Children’s Home
Re: Clarification of Mr. Teeboom’s Testimony

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

From: Mayor Jim Donchess
Re: Administrative Services Director and Division

There being no objection, President Wilshire accepted the communication, placed it on file and referred
it to the Personnel/Administrative Affairs Committee.

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

| just want to clarify that our ordinances state that we have 15 minute public comment period. We only have
two people signed for this public comment period. Mr. Teeboom.

Fred Teeboom, 24 Cheyenne Drive, Nashua

On your agenda this evening, and | just read through the minutes, under “Communications for Procedural
Action” is a letter wherein the Executive Director of the Nashua Children’s Home claims that | gave false or

Board of Aldermen 04-23-2019 Page 3

erroneous testimony before the Human Affairs Committee during its public hearing on April 8 concerning
CDBG funding.

Let us set the record straight. | gave testimony during the public hearing wherein | summarized the
applications submitted for CDBG funding of $803,000 in a detailed spread sheet — the spreadsheet looks like
this - which you'll find attached to the minutes of the 8-April public hearing.

| concluded that the applications were not adequately validated by the Nashua Urban Programs Department
and by the Human Affairs Committee. On my direct question to the committee: “Do you review these
applications?” acting Chairwoman Caron stated “No.” | refer you to page 8 of the public hearing minutes.

| determined that the Nashua Urban Programs Department collects $252,000 of the $803,000 CDBG
funding, representing a 31 percent, 31 percent management fee. Well in excess of the 20% that HUD
mandates as the management limit. Our Urban Department in the City of Nashua collects 31 percent.

| asked the committee a few questions about the Nashua Children’s Home. The letter on your agenda from
Mr. Villiotti clarifies that the Nashua Children’s Home serves 85 children. With an annual budget of $5.1
million that means the support for each child costs, on average, $60,000 a year. Is this standard for these
services? The Nashua Children’s Home CDBG application states total compensation, salaries plus benefits,
to be $4 million. The letter from Mr. Villiotti clarifies that he employs a full-time staff of 70. That means the
employees, on average, earn a compensation of about $57,000. Is this standard for these services?

The application by the Nashua Children’s Home does not state Mr. Villiott’ s compensation and
neither does Mr. Villiotti’ s letter list his compensation. | looked at Form 990, the Non-Profit IRS filing for the
Nashua Children’s Home. That’s public information. | determined that Mr. Villiottis’ compensation in year
2017, last year’s filling, his total compensation was $139,129. Let me repeat that: Mr. Villante’s
compensation was $139,128. It seems that executive directors and there’s others on the
spreadsheet, but I’m only addressing Mr. Villiotti letter, it seems that executive directors for
non-profit corporations are compensated a great deal of money from their charitable grants.

Mr. Villiotti claims that if the Nashua Children’s Home did not exist in his letter, then the taxpayers of Nashua
are on the hook for $47,411 per student. He does not show how he derived this figure. | note in his CDBG
application and in the Form 990 IRS filing that the combined state and school district funding amount to
over 85% of his budget. This funding does not vanish should the Nashua Children’s Home disappear but
would be assigned to another caretaker for the children to take care of, so | would consider this statement
to be a self-serving misrepresentation and scare tactic by Mr. Villiotti.

| have done the research from available data, and intend to forward my findings to the HUD Regional Office
in Boston with a request for an audit of Nashua’s administration of CDBG funding. There are many more
things that are questionable and irregularities which | did not address because | am only addressing the item
on the item, Mr. Villiotti s letter. | have documented the findings in this letter and additional findings that |
won't go into because of the time limit, in a letter to Mayor Donchess and to the President of this Board
and the members of this Board. Here’s the letter. It’s a signed letter and it includes the spreadsheet |
mentioned earlier. | request that this letter be included in the minutes of this meeting. I’d like to hand it to you,
if could hand it to one of your clerks. Thank you very much.

Steven Elliott, 256 Pine Street

I’m speaking because | am against this resolution, 18-073, the thing for making it so that board positions or
administrative positions are voted on by current members if there’s a vacancy. | think that this shouldn’t
happen because it’s a waste of space on the ballot first of all. There’s a lot more important things that the
citizens of Nashua probably prefer to vote on. The other thing is you’re all supposed to be like democrats.

Board of Aldermen 04-23-2019 Page 4

This is completely undemocratic because if all but one person were to resign or die, that means that one
person gets to pick the rest of who runs the whatever committee. That's not democratic; that’s demonic. You
shouldn't do this. If | see this end up on the ballot, I’m going to go to every house and tell them they should
vote against this so please don’t waste the ballot space and try to stop concentrating power amongst
yourselves because it is going to increase volatility. Suppressing volatility doesn’t suppress it; it actually
increases it and it will be very bad for everybody. Thank you.

COMMUNICATIONS REQUIRING FINAL APPROVAL

From: Larry D. Goodhue, CEO/CFO, Pennichuck Corporation

Re: Annual Meeting of Sole Shareholder

° Pennichuck Special Water Cmte Recommends: Election of C. George Bower, Jay N. Lustig,
John D. McGrath, Preston J. Stanley, Jr., Deborah Novotny

MOTION BY ALDERMAN CLEMONS TO ELECT THE FOLLOWING INDIVIDUALS TO THE PENNICHUCK
CORPORATION BOARD OF DIRECTORS UNTIL THEIR SUCCESSORS ARE

ELECTED AND QUALIFIED: C. GEORGE BOWER, JAY N. LUSTIG, JOHN D. MCGRATH AND PRESTON
J. STANLEY, JR., FOR THREE-YEAR TERMS AND DEBORAH NOVOTNY FOR A ONE-YEAR TERM;
AND, AUTHORIZE THE MAYOR TO TRANSMIT, BY PROXY CARD, THE VOTE OF THE SOLE
SHAREHOLDER TO THE BOARD OF DIRECTORS OF PENNICHUCK CORPORATION

MOTION CARRIED

PETITIONS — None

NOMINATIONS, APPOINTMENTS AND ELECTIONS

Appointments by the Mayor

The following Appointments by the Mayor were read into the record:

Administrative Services Director

Kim Kleiner (New Appointment) For an Indefinite Term at the Pleasure of the Mayor
32B Courtland Street

Nashua, NH 03064

Board of Assessors

Lydia Foley (New Appointment) For an Indefinite Term at the Pleasure of the Mayor
2 Bruce Street

Nashua, NH 03064

Conservation Commission

Brandon Pierotti (Reappointment) Term to Expire: December 31, 2021

14 Lochmere Lane

Nashua, NH 03063

Richard Gillespie (Reappointment) Term to Expire: December 31, 2021

15 Spencer Drive
Nashua, NH 03062

Board of Aldermen 04-23-2019 Page 5
Environment and Energy Committee

Bob Hayden (New Appointment) Term to Expire: January 21, 2020

84 Dutton Rd

Lyndeborough, NH 03082

Mine Falls Park Advisory Committee

Trisha Mullin (New Appointment) Term to Expire: May 1, 2022

275 Broad Street

Nashua, NH 03063

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

REPORTS OF COMMITTEE
Budget Review Commiittee............ 0... cece cece etter ettttetttsteesereees 04/04/2019

There being no objection, President Wilshire declared the report of the April 4, 2019, Budget
Review Committee accepted and placed on file.

Budget Review Committee... 0.0... 00.0... eee teeter ettttetttstettseeeees 04/10/2019

There being no objection, President Wilshire declared the report of the April 10, 2019, Budget
Review Committee accepted and placed on file.

Budget Review Committee... 0.0... 0.0.00. eettttetttteettsteeteereees 04/15/2019

There being no objection, President Wilshire declared the report of the April 15, 2019, Budget
Review Committee accepted and placed on file.

Finance Committee 2.00.0... 0. cece ccc ece cee cee cee ceeeee caters tertttateteeersterersereeee 04/17/2019

There being no objection, President Wilshire declared the report of the April 17, 2019, Finance
Committee accepted and placed on file.

Human Affairs Committee 2.0.00... 0. ccc cee cece ee cee eeeeteseeeeeterersetettrerererere 04/08/2019

There being no objection, President Wilshire declared the report of the April 8, 2019, Human Affairs
Committee accepted and placed on file.

Pennichuck Water Special Committee ................0. eect eteteeeeeeeeese 04/17/2019

There being no objection, President Wilshire declared the report of the April 17, 2019, Pennichuck Water
Special Committee accepted and placed on file.

Special Personnel/Administrative Affairs Committee............ 0.0.00. cee cee eee eee eee eee 04/15/2019

There being no objection, President Wilshire declared the report of the April 15, 2019, Special Personnel/
Administrative Affairs Committee accepted and placed on file.

Board of Aldermen 04-23-2019 Page 6
Planning & Economic Development Committee ............... 0c eeeeeeeeeeeeees 04/16/2019

There being no objection, President Wilshire declared the report of the April 16, 2019, Planning and Economic
Development Committee accepted and placed on file.

CONFIRMATION OF MAYOR'S APPOINTMENTS — None
UNFINISHED BUSINESS — RESOLUTIONS

R-18-073, Amended
Endorsers: Alderman-at-Large Brian S. McCarthy
Alderwoman-at-Large Shoshanna Kelly
Alderman-at-Large Michael B. O’Brien, Sr.
Alderman Jan Schmidt
Alderman Tom Lopez
Alderman-at-Large Brandon Michael Laws
Alderwoman Mary Ann Melizzi-Golja
PROPOSING AN AMENDMENT TO THE CITY CHARTER RELATIVE TO FILLING VACANCIES
ON ELECTED BOARDS BY MAJORITY VOTE OF THE REMAINING MEMBERS OF THAT
BOARD
Given its seventh reading;

MOTION BY ALDERMAN CARON TO AMEND R-18-073 IN ITS ENTIRETY BY REPLACING IT WITH THE
PROPOSED AMENDMENTS MADE BY THE PERSONNEL/ADMINISTRATIVE AFFAIRS COMMITTEE
MOTION CARRIED

MOTION BY ALDERMAN CARON THAT R-18-073, AS AMENDED, IS NECESSARY AND THAT A PUBLIC
HEARING BE SCHEDULED FOR TUESDAY, MAY 14, 2019, AT 7:00 PM IN THE ALDERMANIC CHAMBER
MOTION CARRIED

MOTION BY ALDERMAN CARON TO TABLE R-18-073, AS AMENDED, AT THE FULL BOARD LEVEL’
Alderman Clemons

May |, through you, ask a question of Corporation Counsel?

President Wilshire

Yes.

Alderman Clemons

The motion that we just made, that reflects what’s on our desks this evening?

Attorney Bolton

| think we would prefer if there was a licit motion to replace with the blue copy on our desks this evening
because there was a typographical error that inserted the board of public works where it would have been
correct to say the board of fire commissioners. That is picked up in the blue copy. If we can get a motion to
amend to replace the measure with the blue copy that would solve that problem.

MOTION BY ALDERMAN CARON TO AMEND R-18-073 IN ITS ENTIRETY BY REPLACING IT WITH THE
BLUE COPY PLACED ON OUR DESKS THIS EVENING
MOTION CARRIED

Board of Aldermen 04-23-2019 Page 7

MOTION BY ALDERMAN CARON TO TABLE R-18-073, AS AMENDED, AT THE FULL BOARD LEVEL
MOTION CARRIED

R-19-118
Endorsers: Mayor Jim Donchess
Alderman-at-Large Michael B. O’Brien, Sr.
Alderman Linda Harriott-Gathright
Alderman Richard A. Dowd
Alderman Patricia Klee
Alderman-at-Large Brandon Michael Laws
Alderman Tom Lopez
Alderman June M. Caron
Alderwoman Mary Ann Melizzi-Golja
Alderman Jan Schmidt
Alderman-at-Large Lori Wilshire
RELATIVE TO THE ACCEPTANCE AND APPROPRIATION OF UP TO $218,486 FROM THE
STATE OF NEW HAMPSHIRE DEPARTMENT OF HEALTH AND HUMAN SERVICES INTO
TRANSIT GRANT ACTIVITY “FEDERAL TRANSIT AUTHORITY (“FTA”) OPERATING GRANT”
Given its second reading;

MOTION BY ALDERMAN HARRIOTT-GATHRIGHT FOR FINAL PASSAGE OF R-19-118
MOTION CARRIED

Resolution R-19-118 declared duly adopted.

R-19-121
Endorsers: Mayor Jim Donchess
Alderman-at-Large Michael B. O’Brien, Sr.
Alderman Linda Harriott-Gathright
Alderman Richard A. Dowd
Alderman Patricia Klee
Alderman-at-Large Brandon Michael Laws
Alderman Tom Lopez
Alderman June M. Caron
Alderwoman Mary Ann Melizzi-Golja
Alderman-at-Large David C. Tencza
Alderman Jan Schmidt
Alderman-at-Large Lori Wilshire
RELATIVE TO THE ACCEPTANCE AND APPROPRIATION OF $43,113 FROM THE UNITED
STATES DEPARTMENT OF JUSTICE INTO POLICE GRANT ACTIVITY “2018 JUSTICE
ASSISTANCE GRANT (MULTI-JURISDICTIONAL)”
Given its second reading;

MOTION BY ALDERMAN KLEE FOR FINAL PASSAGE OF R-19-121
MOTION CARRIED

Resolution R-19-121 declared duly adopted.