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Board of Aldermen Page 4
April 26, 2016

COMMUNICATIONS
There being no objection, President McCarthy declared that all communications be read by title only.

From: Larry D. Goodhue, Chief Executive Officer, Pennichuck Corporation
Re: Annual Meeting of Sole Shareholder

MOTION BY ALDERMAN MCGUINNESS TO ELECT THE FOLLOWING INDIVIDUALS TO THE
PENNICHUCK CORPORATION BOARD OF DIRECTORS, EACH FOR A THREE-YEAR TERM AND UNTIL
THEIR SUCCESSORS ARE ELECTED AND QUALIFIED: C. GEORGE BOWER, JAY N. LUSTIG, JOHN D.
MCGRATH AND PRESTON J. STANLEY, JR.; AND, AUTHORIZE THE MAYOR TO TRANSMIT, BY
PROXY CARD, THE VOTE OF THE SOLE SHAREHOLDER TO THE BOARD OF DIRECTORS OF
PENNICHUCK CORPORATION

A Viva Voce Roll Call was taken, which resulted as follows:

Yea: Alderman Wilshire, Alderman Clemons, Alderman Cookson, 14
Alderman Dowd, Alderman Caron, Alderman Siegel,
Alderman Schoneman, Alderwoman Melizzi-Golja,
Alderman McGuinness, Alderman LeBrun, Alderman Moriarty,
Alderman O’Brien, Alderman Lopez, Alderman McCarthy

Nay: 0
MOTION CARRIED

From: Mayor Jim Donchess
Re: Contract Award for Amherst Street Improvements — Charron Avenue to Diesel Road

MOTION BY ALDERMAN COOKSON TO ACCEPT, PLACE ON FILE AND EXTEND THE CONTRACT
WITH MELANSON HEATH & COMPANY IN THE AMOUNT OF $116,500

A Viva Voce Roll Call was taken, which resulted as follows:

Yea: Alderman Wilshire, Alderman Clemons, Alderman Cookson, 14
Alderman Dowd, Alderman Caron, Alderman Siegel,
Alderman Schoneman, Alderwoman Melizzi-Golja,
Alderman McGuinness, Alderman LeBrun, Alderman Moriarty,
Alderman O’Brien, Alderman Lopez, Alderman McCarthy

Nay: 0
MOTION CARRIED

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

Mr. Paul Garant, Fire Commissioner

| would like to applaud Alderman Michael O’Brien for the action taken at the Budget Review Committee
meeting last evening. Recusing himself from the discussion when the vote on this resolution was a mark of
Mike’s deep ethical foundation. It is without a doubt that if he had not recused himself this resolution would
have been moved to tonight's meeting with a favorable recommendation. Rather it was moved with no
recommendation.

A regular meeting of the Board of Aldermen was held Tuesday, October 22, 2019, at 7:30 p.m. in the
Aldermanic Chamber.

President Lori Wilshire presided; City Clerk Susan K. Lovering recorded.

Prayer was offered by City Clerk Susan K. Lovering; Alderwoman-at-Large Shoshanna Kelly led in the
Pledge to the Flag.

President Wilshire

Before we start, | am going to ask Alderman Dowd under State Law that you give us the reason that you
can’t be here and if you are alone, and if you can hear us.

Alderman Dowd

I’m having an issue with my legs that is causing me to have difficulty to walk, so hopefully that’s getting
better. | can hear you and | am all alone.

President Wilshire

Thank you Alderman Dowd. Can you hear us?
Alderman Dowd

| can hear you, yes.

The roll call was taken with 13 members of the Board of Aldermen present; Alderman Gidge was
recorded absent. Alderman Tencza arrived at 7:32 PM after roll call.

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

REMARKS BY THE MAYOR

Mayor Donchess

The main item | wanted to discuss with you is R-19-184 an item that is on for a first reading; but an item
which is of some urgency and which needs to be acted on tonight for reasons that | will explain. As you
recall, the Legislature in the last session increased both municipal and school aid that would go to cities
and towns across New Hampshire. But after the budget passed, that budget was vetoed. There was
not a resolution of the budget until September. Then it was worked out at that point that there would be
additional aid, | think in a reduced amount, but additional aid both to municipal aid and school aid. But
immediately after the budget passed, because the formulas and the like are fairly complicated, it was
unclear as to exactly how much money Nashua would get. We only learned, really last week, what the
specific numbers would be. What the numbers are, are about $1.8 million in additional municipal aid
and about $2.7 million dollars of school aid.

Learning that late last week put us right up against the setting of the tax rate, the tax rate is set by the
DRA, The Department of Revenue Administration. The City does not set its own tax rate although we
can usually, accurately predict what it is going to be. The tax rate is not set by the City but instead the
State DRA and they set the tax rate later this week. All they do is apply the numbers. The Legislature in
increasing aid in these categories that I’ve mentioned, either didn’t take into account at the time or
wasn’t aware of the delay that would result, which would mean that the City would have very little time to
evaluate what to do with respect to this additional aid and with respect to the setting of the tax rate.

Board of Aldermen 10-22-2019 Page 2

The bottom line is that unless R-19-184 is enacted tonight, there will be no City aid, no City aid will be
freed up and no school aid will be freed up either and none of the money could be used for those
purposes.

So what R-19-184 proposes, is that we increase the amount of surplus that gets applied to the tax rate
from $4.5 million to $6.2 million. This will have the effect of reducing the projected tax rate from around
the 3% we are talking about to more like 2.6% so we will have a lower tax rate than we had expected. It
will enable us to apply $2.9 million dollars of money to various needs, city and school. R-19-184 needs
to be enacted tonight because the tax rate is going to be set in a few days or in a couple of days. There
is no necessity to act on R-19-185 which proposes an allocation of the money; it is just one of many
ways that it could be allocated. Once the money is freed up, there is no necessity to immediately decide
exactly how to allocate it. In fact, based upon | believe the opinion of Attorney Bolton, because R-19-
185 would involve a supplemental appropriation, we actually need to hold a Public Hearing with respect
to this item. So acting on it now would really not be the legal way to proceed.

So what | am suggesting is we really need to act on R-19-184 tonight; 185 will go to the Budget
Committee and they will deliberate, Public Hearing and it will come back to the Board. Now | met with
the Budget Committee last night on both of these items in anticipation that we would have this issue
before us tonight. As | am sure Chairman Dowd will confirm, the Budget Committee recommended R-
19-184 unanimously for passage tonight. With respect to 185 simply said that their intention would be to
be to accept the referral and hold discussions and hearings and the Public Hearing regarding that when
the time comes. So again, R-19-184 will increase the amount of surplus applied to the tax rate, it will
help us reduce the projected tax rate to 2.6% increase and will free up $2.9 million dollars of the aid that
we are receiving from the State so that we can use it for the purposes for which the Legislature intended
it.

Now of course, | am available for any questions on any of this. But | think | have summarized it, we
discussed things in a little more detail last night and | am sure we will discuss these issues with the
Budget Committee again when the referral is made.

Also, Madam Chair, on a less detailed note, we have Friday night, the opening of the basketball court
behind the Community Center on Arlington Street. We have been very generously donated this court or
the funds for this court, you’ve accepted those funds by Dick Anagnost, the developer of the Marshall
Street Housing at the corner of Marshall and East Hollis Street. Many of the kids that have moved into
that project are, and that’s workforce housing; affordable housing, 150 some units. Many of the kids
who have moved into those apartments have begun to attend Dr. Crisp School and, of course, the
Community Center is right there. They have been attending and working very closely, the families and
the kids, with Megan Caron and the other people at the Community Center. The owner of the
apartments that is Dick Anagnost felt that he should make a contribution to the Community Center and
in talking with Megan the thing that they thought would be most useful would be to convert this asphalt
area in back of the Community Center to the basketball court. So Friday we are going to open the court,
and we are going to have a shooting contest, | have agreed to be outshot by some of the kids in the
neighborhood which | am sure will happen in free throws. | know possibly Alderman O’Brien is going to
be there.

Alderman O’Brien
I’ve been practicing.

Mayor Donchess

We will see who prevails there, Alderwoman Wilshire is going to be there, | think Alderman Clemons,
Alderwoman Caron, Matt Plante who is the Police Commissioner, he said he’d come as well and try to
shoot some baskets, free throws. We will see if any of us can beat the kids in the neighborhood. There
will be some prizes awarded, so we expect to have a good time.

Board of Aldermen 10-22-2019 Page 3

So | hope that any of you who are available can make it. You are free to join the free throw shooting
contest as well if you feel like you can beat Alderman O’Brien, that will be a tough thing. We look
forward to that event, to having the basketball court, thank you to Mr. Anagnost for donating the money
for this very useful project. Hopefully we will see a successful event on Friday night. That’s all | have
Madam President.

President Wilshire

Mr. Mayor my granddaughter was the regional New England Free Throw Champion for the Elks. | might
invite her to come by.

RESPONSE TO REMARKS OF THE MAYOR
Alderman Dowd

Yes | just want to confirm the Mayor’s analysis of the Budget Meeting last night and | think any time we
can lower the tax rate for the citizens of Nashua it is a good thing.

President Wilshire

Thank you. For the record, Alderman Tencza joined us at 7:32 PM.
RECOGNITION PERIOD - None

READING MINUTES OF PREVIOUS MEETINGS

There being no objection, President Wilshire declared the minutes of the Board of Aldermen
meetings of October 8, 2019, accepted, placed on file, and the reading suspended.

COMMUNICATIONS REQUIRING ONLY PROCEDURAL ACTIONS AND WRITTEN REPORTS
FROM LIAISONS

From: Tim Cummings, Director of Economic Development
Re: Downtown Riverfront TIF Update

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

From: Douglas A. Barry, CAE, Humane Society for Greater Nashua
Re: Appointment of Becky Longval to the Animal and Dog Park Advisory Committee

There being no objection, President Wilshire accepted the communication, placed it on file, and
referred it to the PERSONNEL/ADMINISTRATIVE AFFAIRS COMMITTEE.

From: Tim Cummings, Director of Economic Development
Re: Communication regarding O-19-057 with Downtown Improvement Committee’s
Comments

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

PERIOD FOR PUBLIC COMMENT RELATIVE TO ITEMS EXPECTED TO BE ACTED UPON THIS
EVENING - None

COMMUNICATIONS REQUIRING FINAL APPROVAL - None

Board of Aldermen 10-22-2019 Page 4

PETITIONS - None
NOMINATIONS, APPOINTMENTS AND ELECTIONS - None
REPORTS OF COMMITTEE
Special Finance Committee... 00... cece cee ee eette eee ee tet tteettttetssteeesseeeees 10/08/2019

There being no objection, President Wilshire declared the report of the October 8, 2019, Special Finance
Committee accepted and placed on file.

Planning and Economic Development Committee... ............ 00. .cc cee cee eee ce eee eee eee eeeee eee 10/15/2019

There being no objection, President Wilshire declared the report of the October 15, 2019, Planning and
Economic Development Committee accepted and placed on file.

Finance Committee. ..... 20... cec cece ccc cce cee cee cee ceeeeee tee ueeceuen tee eeraeneueaeneuenerantnetes 10/16/2019

There being no objection, President Wilshire declared the report of the October 16, 2019, Finance
Committee accepted and placed on file.

Special Budget Review Commiittee............ 0.0 cece tee ttt tttttttteteeeeeee — 10/17/2019

There being no objection, President Wilshire declared the report of the October 17, 2019, Special
Budget Review Committee accepted and placed on file.

There being no objection, President Wilshire suspended the rules to allow for the oral report of
the Special Budget Review Committee meeting held last night regarding proposed Resolutions
R-19-184 and R-19-185

Alderman-at-Large Wilshire gave an oral report of the Special Budget Review Committee meeting of
October 21, 2019 with respect to Resolutions R-19-184 and R-19-185.

President Wilshire

The Budget Committee did meet last night and recommended for final approval R-19-184. The
Resolution that the Mayor just spoke about, the money that is coming down for the State and as the
Mayor indicated, we have to take action tonight otherwise we can’t control where that money goes. We
would like to have more control over that. The Budget Review Committee did recommend final passage
on that.

CONFIRMATION OF MAYOR'S APPOINTMENTS — None

Board of Aldermen 10-22-2019 Page 5

UNFINISHED BUSINESS — RESOLUTIONS

R-18-102
Endorsers: Alderman-at-Large Lori Wilshire
Alderman-at-Large Michael B. O’Brien, Sr.
Alderman Richard A. Dowd
Alderman-at-Large Brandon Michael Laws
Alderman Jan Schmidt
APPROVING THE COST ITEMS OF A COLLECTIVE BARGAINING AGREEMENT BETWEEN
THE NASHUA BOARD OF POLICE COMMISSIONERS AND UFPO LOCAL 645
PROFESSIONAL
EMPLOYEES OF THE NASHUA POLICE DEPARTMENT FROM JULY 1, 2018 THROUGH JUNE
30,
2022 AND AUTHORIZING RELATED TRANSFERS
e Tabled at BOA meeting 09/24/19 with approved amendments

R-19-179
Endorsers: Alderman-at-Large Ben Clemons
Alderman-at-Large Michael B. O’Brien, Sr.
Alderman Ken Gidge
Alderman Linda Harriott-Gathright
Alderman Richard A. Dowd
Alderman Patricia Klee
Alderman Tom Lopez
Alderwoman Mary Ann Melizzi-Golja
Alderman Jan Schmidt
Alderman-at-Large Lori Wilshire
APPROVING THE COST ITEMS OF A COLLECTIVE BARGAINING AGREEMENT BETWEEN
THE NASHUA BOARD OF EDUCATION AND THE NASHUA SCHOOL CUSTODIAN UNION,
LOCAL 365/COUNCIL 93, AFSCME, AFL-CIO FROM JULY 1, 2016 THROUGH JUNE 30, 2021
AND RELATED TRANSFERS
Given is second reading;

MOTION BY ALDERMAN CLEMONS FOR FINAL PASSAGE OF R-19-179 BY ROLL CALL
ON THE QUESTION
Alderman Clemons

I’d like to speak to that. Thank you. This has been a long time coming for this bargaining unit and for
these hard working men and women of our City. In 2015 the School Board decided that it would be a
good idea to investigate privatization of the custodians and that proved to be an ineffective strategy that
the City was very much against. It would have been actually more costly to us in the long run. Then
after that decision was made to keep the custodians, they have been fighting to get a contract since
then. So this has been going on since 2015. It is what | consider to be a sad chapter in the City’s history
but one that hopefully tonight, with your support, we can move beyond and not go down this road again.

We have hard working people in our schools and the custodians are exactly that. They are custodians
of our school; they are the ones that get there early in the morning, leave late at night. They are the
ones that know where every leak is when it first develops and they are the ones that tell us what we
need to fix, when it needs to be fixed. They take care of our schools. So | am proud to support this; |
think that from a cost perspective, it is one of the more modest contracts that have come before us. |
think it is fair and | would urge everyone to support it. Thank you.

Board of Aldermen 10-22-2019 Page 6
A viva voce roll call was taken which resulted as follows:

Yea: Alderman O’Brien, Alderman Harriott-Gathright, Alderman Dowd,
Alderman Klee, Alderman Laws, Alderman Lopez
Alderman Caron, Alderwoman Kelly, Alderman Jette,
Alderwoman Melizzi-Golja, Alderman Tencza, Alderman Schmidt,
Alderman Clemons, Alderman Wilshire 14

Nay: 0
MOTION CARRIED

Resolution R-19-179 declared duly adopted.

UNFINISHED BUSINESS — ORDINANCES - None

O-19-055
Endorsers: Alderman Richard A. Dowd
Alderman-at-Large Michael B. O’Brien, Sr.
Alderman Ken Gidge
Alderman Linda Harriott-Gathright
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 Benjamin M. Clemons
Alderman-at-Large Lori Wilshire
AUTHORIZING THE POLICE DEPARTMENT TO DONATE LOST OR ABANDONED
BICYCLES
Given is second reading;

Alderman Dowd

This Legislation allows the Police Department to make viable use of the bikes that they collect as stated
in the Ordinance or the Resolution. There’s a little complication, there was a change in State Law that
allowed us to do this so that portion can be explained by Corporation Counsel. But it is something that
we are allowed to do and it will benefit the people that end up having the bike donated to them. | think it
is the proper action to pass it.

MOTION BY ALDERMAN DOWD FOR FINAL PASSAGE OF O-19-055 BY ROLL CALL
A viva voce roll call was taken which resulted as follows:
Yea: Alderman O’Brien, Alderman Harriott-Gathright, Alderman Dowd,

Alderman Klee, Alderman Laws, Alderman Lopez

Alderman Caron, Alderwoman Kelly, Alderman Jette,

Alderwoman Melizzi-Golja, Alderman Tencza, Alderman Schmidt,

Alderman Clemons, Alderman Wilshire 14

Nay: 0

MOTION CARRIED

Board of Aldermen 10-22-2019 Page 7

Ordinance O-19-055 declared duly adopted.

NEW BUSINESS — RESOLUTIONS

R-19-182
Endorsers: Mayor James Donchess
Alderman-at-Large Lori Wilshire
Alderman-at-Large Michael B. O’Brien, Sr.
Alderman Patricia Klee
Alderman-at-Large Brandon Michael Laws
Alderman Richard A. Dowd
Alderman Tom Lopez
Alderman June M. Caron
Alderman Linda Harriott-Gathright
Alderwoman-at-Large Shoshanna Kelly
Alderwoman Mary Ann Melizzi-Golja
Alderman Jan Schmidt
RELATIVE TO THE ACCEPTANCE AND APPROPRIATION OF $25,000 FROM JSI RESEARCH
AND TRAINING INSTITUTE INTO PUBLIC HEALTH AND COMMUNITY SERVICES GRANT
ACTIVITY “FY20 ENVIRONMENTAL HEALTH TRACKING”
Given its first reading; assigned to the HUMAN AFFAIRS COMMITTEE by President Wilshire

R-19-183
Endorser: Mayor James Donchess
Alderman-at-Large Michael B. O’Brien, Sr.
Alderman Patricia Klee
Alderman-at-Large Brandon Michael Laws
Alderman Tom Lopez
Alderman Linda Harriott-Gathright
Alderman Richard A. Dowd
Alderman June M. Caron
Alderwoman-at-Large Shoshanna Kelly
Alderwoman Mary Ann Melizzi-Golja
Alderman at-Large David C. Tencza
Alderman Jan Schmidt
Alderman-at-Large Lori Wilshire
TO ESTABLISH A COMMITTEE TO DRAFT A MASTER PLAN
Given its first reading; assigned to the PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE by
President Wilshire

R-19-184
Endorser: Mayor James Donchess

APPLYING SURPLUS IN REDUCTION OF TAXES
Given its first reading;

There being no objection President Wilshire suspended the rules to allow for the second reading
of R-19-184.

Resolution R-19-184 given its second reading;