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LEGISLATIVE YEAR 2021

RESOLUTION: R-21-150

PURPOSE: Amending the U.S Department of Housing and Urban
Development Annual Action Plans for Fiscal Years 2021 and
2022 relative to the Community Development Block Grant

(“CDBBG”)
SPONSOR(S): Mayor Jim Donchess
COMMITTEE Human Affairs Committee
ASSIGNMENT:
FISCAL NOTE: Fiscal impact will be an additional $9,742.00 of CDBG funds for

Fiscal Year 2022 to be used tor specific purposes.

ANALYSIS

This resolution amends the HUD Annua! Action Plans for fiscal years 2021 and 2022. as a result
of additional CDBG funding, funds that are now available to reprogram, and a change in the use
of one agency’s FY21 CDBG funds.

Approved as to account linancial Services Division
structure, number and _
Appreved as to form: Office of Corporation Counsel

by Drab 4 (Corde
Date: ( Naame. Bow

R-21-151

RESOLUTION

RELATIVE TO A BALLOT REFERENDUM CONCERNING SPORTS BETTING
WITHIN THE CITY OF NASHUA

CITY OF NASHUA

In the Year Two Thousand and Twentv-One

RESOLVED by the Board of Aldermen of the City of Nashua that the folowing question
be placed on a ballot for the municipal election to be held on November 2. 2021:

“Shall the City of Nashua allow the operation of sports book retail locations within the
City of Nashua?”

FURTHER RESOLVED that the Board of Aldermen will hold a public hearing at least
15 days and no less than 30 days before the question is to be voted on and that notice of said
public hearing be posted in two public places and published in a newspaper of general circulation
at least 7 days before said public hearing.

LEGISLATIVE YEAR 2021
RESOLUTION: R-21-151

PURPOSE: Relative to a ballot referendum concerning sports betting
within the City of Nashua

ENDORSER(S): Alderman-at-Large Michael B. O’Brien, Sr.
Alderman-at-Large Ben Clemons
Aiderman' Patricia Klee

COMMITTEE .
ASSIGNMENT: Personnel/Administrative Affairs Committee
FISCAL NOTE: It is estimated that the additional costs for printing of ballots

and programming voting machines will not be more than $500.

ANALYSIS

This resolution follows the procedure required by RSA 287-I:6 which requires that if the
operation of sports book retail locations is to be allowed in a city or town that the question be put
to the voters of said city or town. If a majority of the voters vote “yes” on the question, sports
book retail locations will be allowed in Nashua in accordance with other lawful requirements of
the statutes and regulations.

Approved as to form: Office of Corporation Counsel
By: rewie, Lot CR
Date: + Newnes OD

A special meeting of the Board of Aldermen was held Monday, June 7, 2021, at 7:00 p.m. via
teleconference.

President Lori Wilshire presided; Deputy City Clerk Allison Waite recorded.

Prayer was offered by Deputy City Clerk Allison Waite; Alderman Patricia Klee led in the Pledge to the
Flag.

President Wilshire

As President of the Board of Aldermen, | find that due to the State of Emergency declared by the
Governor as a result of the COVID-19 pandemic and in accordance with the Governor's Emergency
Order #12 pursuant to Executive Order 2020-04, this public body is authorized to meet electronically.

Please note that there is no physical location to observe and listen contemporaneously to this meeting,
which was authorized pursuant to the Governor's Emergency Order. However, in accordance with the
Emergency Order, | am confirming that we are:

Providing public access to the meeting by telephone, with additional access possibilities by video or
other electronic means:

To access Zoom, please refer to the agenda or the City’s website for the meeting link.

To join by phone dial: 1-929-205-6099 Meeting ID: 853 6483 0438 Passcode: 715114

The public may also view the meeting via Channel 16.

We previously gave notice to the public of the necessary information for accessing the meeting, through
public postings. Instructions have also been provided on the City of Nashua’s website and publicly noticed in
the Nashua Telegraph, City Hall, and the Nashua Public Library.

If anyone has a problem accessing the meeting via phone or Channel 16, please call 603-589-3329 and they
will help you connect.

In the event the public is unable to access the meeting via the methods mentioned above, the meeting will
be adjourned and rescheduled. Please note that all votes that are taken during this meeting shall be done
by roll call vote.

Let’s start the meeting by taking a roll call attendance. VWhen each member states their presence, please
also state whether there is anyone in the room with you during this meeting, which is required under the
Right-To-Know Law.

Deputy City Clerk Waite called the roll and asked them to state the reason he or she could not attend,
confirmed that they could hear the proceedings, and stated who was present with him or her.

The roll call was taken with 14 members of the Board of Aldermen present: Alderman Michael B. O’Brien,
Sr., Alderman Patricia Klee, Alderman Richard A. Dowd, Alderman June M. Caron, Alderman Benjamin
Clemons, Alderman Thomas Lopez (arrived after roll call at 7:24 p.m.), Alderman David C. Tencza,
Alderwoman Elizabeth Lu, Alderman Ernest Jette, Alderman Jan Schmidt, Alderman Brandon Michael
Laws, Alderman Skip Cleaver, Alderman Linda Harriott-Gathright, Alderman Wilshire.

Alderwoman Shoshanna Kelly was recorded absent.

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

Special Board of Aldermen 06-07-2021 Page 2
President Wilshire

As is usual and customary, tonight is a public hearing of the Personnel/Administrative Affairs Committee so
| will be turning the meeting over to Alderman June M. Caron.

Chairman Caron
Thank you Madam President. | would like to check to see if Mayor Donchess is here.
Mayor Donchess
Yes Madam Chair | am here.
PUBLIC HEARING

R-21-143 - PROPOSING AN AMENDMENT TO THE CITY CHARTER RELATIVE TO THE MANNER OF
APPOINTMENTS TO THE NASHUA BOARD OF POLICE COMMISSIONERS

Chairman Caron
Okay thank you.

So we’re here to have a public hearing on R-21-143 Proposing an Amendment to the City Charter Relative
to the Manner of Appointments to the Nashua Board of Police Commissioners. Before we get started with
testimony, Mayor would you like to say a few words since you are the sponsor of this proposal?

Mayor Donchess

Well Alderwoman Trish Klee is going to talk to the Resolution.
Chairman Klee

Oh okay, then Alderwoman Trish Klee.

Alderman Klee

Thank you Madam Chair. I’m just going to say a few things to try to help those understand what the
proposed change does if the Commissioners fall under the City.

The actual changes would mean that we would go from three commissioners to five commissioners. We
would go from one person nominating the commissioners — the New Hampshire Governor — to two different
elected officials nominating the commissioner — the Nashua Mayor and the President of the Board of
Aldermen. It would go from one committee of five individuals — the Governor’s Executive Council, none at
this time from Nashua, approving the nomination to two committees. The first would be made up of five
members of the Board of Aldermen members which would be the Personnel/Administrative Affairs
Committee and the second by the full Board of Aldermen, 15 members, all from Nashua.

It should be noted that each of the Nashua Committees, the public will be given the opportunity to have
their voices heard and the vetting and interview process will be at full transparency. Throughout New
Hampshire’s history, there have been 20 municipalities that have lost control of the commissioners or police
department and all but one, Nashua, has taken back control.

Special Board of Aldermen 06-07-2021 Page 3

| Know that someone is going to ask why introduce it now. | think bottom line is it’s time. It’s time for the
Nashua residents to have a voice in their police department. We pay the bills, the salaries, and we have
the legal liability if something goes wrong but we don’t have a voice. | believe this change will bring full
transparency and accountability. Thank you Madam Chair.

Chairman Caron

Thank you. Anything to add Mayor?

Mayor Donchess

No Madam Chair.

Chairman Caron

Thank you. Chief Carignan | understand you have a small presentation to make to the Committee. Thank
you.

Police Chief Michael Carignan

Good evening everyone and thank you. My name is Michael Carignan, the Chief of the Nashua Police
Department. |’d like to speak in opposition to this legislation to have the Nashua Police Commissioner
appointed by the Mayor and Board of Aldermen as opposed to the current process of appointment by the
Governor. |’d like to be very clear on this point. I’m here to oppose this on a positional level. I’ve enjoyed
a close and positive working relationship with most of you on the Board and the Mayor’s office. My
concerns are based on the position and not the names of the current people in office.

I’m opposed to this legislation because it brings local political control into the daily management of the
police department. With that local political control comes local, political influence. That can be a
dangerous thing. I’d like to briefly explain some of my rational. Under the current system, three
commissioners are nominated by the Governor and approved by the Executive Council which has Nashua
representation. Each of the current three commissioners has been appointed by a Democratic Governor
Maggie Hassan and have been reappointed by Republican Governor Chris Sununu. Each has been
confirmed by Democratic Executive Council Deb Pignatelli and reappointed by Republican Dave Wheeler.

These commissioners must be Nashua residents and have been so for the last five years. We currently
have two lifelong Nashua residents and a third who has lived here with his family for over 32 years. They
are taxpaying Nashua residents who have a vested interest in the management of the police department.
They are reviewed and are briefed on all officers we hire, promote, and on some occasions fire. They meet
with us monthly to review every aspect of our budget to make sure we are spending within our means.
They make recommendations and ensure our programs and expenditures are valid and well thought out.
There have been many occasions where the commission have questions about our operations and asked
us to look for alternative solutions to the problem. They have been very clear on contract negotiations and
always keep the city budget issue in mind when reviewing our requests. They are local, vested citizens of
Nashua. We do have local control.

With local political control, it brings political influence over the daily operations of the police department.
When a police commissioner is selected by the Mayor and aldermen, they are more likely to have a political
loyalty to that politician, especially when it comes to reappointment. With that loyalty comes influence.
That influence can affect who we hire, who we promote, and who we transfer. The Governor has a much
lower stake in the day-to-day operations of the Nashua city government and therefore is much less able to
exert control and influence over police business. The Nashua Police Department has always prided
ourselves on never compromising our hiring standards. It is one of the cornerstones of what makes us a
great agency.

Special Board of Aldermen 06-07-2021 Page 4

You all reaped the benefits of that through the quality of the police officers that work in Nashua. It could
mean that those less qualified may get hired or promoted based on the personal wishes of a local politician.
Decisions may not be based on qualifications and the level of professionalism from our agency would
suffer.

A majority of the police officers that come to work in Nashua are from cities and towns where there is local
political influence and control. They come here for the very reason of avoiding the negative element. They
know that when it comes to Nashua, they will be hired and progress through the ranks based solely on
performance and not who you know. That could change under the current proposal. It greatly increases
the likelihood that this influence would significantly lower the quality of officers hired and promoted.

The dangers don’t only come from who gets hired or promoted, local political loyalty can also bring
influence over criminal investigations and how they are handled. As you will hear later tonight, there are
times when allegations are made involving local officials, entities and there needs to be an ability to
effectively and appropriately conduct those investigations without fear of influence over those political
offices. You'll hear from retired Nashua Police Chief Tim Hefferan who will advise that he was only able to
conduct an investigation in the early ‘90s because he didn’t fear reprisal from the local sitting officials.

The current system allows for better transparency which as of late has been something expected more and
more by our citizens. Under our current system if an allegation is made, an investigation is completed and
the outcome can be presented with the public knowing that there has not been any influence from political
offices. Not matter what the outcome, the local government can now say they had no influence. That will
not be the case if you make these proposed changes.

Finally on this point, | can say that | as well as my past few predecessors have never received a call from
the Governor or an Executive Council member expressing any attempts to influence the daily operations of
the Nashua Police Department. It has been presented that we are the only city without local appointments.
First of all as | spoke earlier, all of our commissioners are local, Nashua taxpaying citizens. Secondly, |
agree wholeheartedly that we are the only police department left with no system. That’s a good thing. The
Nashua Police Department is considered the leader of police agencies in this State. We have a reputation
for professionalism and progressive thinking throughout the State and New England. We've been
nationally accredited since 1991. Our very first accreditation report recognized us for having a non-locally
appointed commissioner to keep political influence out of the management of the department.

A CALEA certification is not easy to obtain or maintain as you’ve heard and learned. We have held the
highest level of certification for years. We are an agency that is committed to and strives to follow best
practices in the field of law enforcement. You have seen over the past year that we do not have problems
that other communities or police agencies have. | have worked with numerous community groups
alongside many of you aldermen and alderwoman as well as the Mayor. Many of you have continually told
me that we are by far the best agency in the State. Many of you have campaigned on the safety and
confidence your police department provides. You promote Nashua as being the safest and best place to
live in the State as well as the country. You have all expressed the confidence that we are leaders among
policing in this State.

| have asked many of you what if anything would you like to see changed. What concerns do you have
about how the agency is being run? The answer from all of you have been that our agency is the best. |
agree that we are the best so why would you change it to something less? Why would you want to bring
into question local political influence? That makes no sense to me or anyone else.

We've been compared to Manchester and Portsmouth as agencies that have changed to local control. |’
curious as to what is great about that. Portsmouth has elected police commissioners. | think we can all
agree that elected commissioners would bring you more potential for political favoritism and loyalties.
Manchester has a commission that is advisory only. They have no decision making powers. Instead,
giving all the power to the Mayor. Is the goal for us to strive to be more like Manchester? People choose to
move to Nashua these other towns and cities for a reason.

m

CITY OF NASHUA, NH
PUMP STATION UPGRADES - PHASE 2

CHANGE ORDER NO. 1

Substantial Completior

SUMMARY
ORIGINAL CONTRACT PRICE & DATE OF s 5,335,200.00
SUBSTANTIAL/FINAL COMPLETION
CONTRACT PRICE / TIME PRIOR TO CHANGE ORDER Ky §,335,200.00
Item No. Description of Items Add / Deduct
ORIGINAL PRICE
i Generator Price Increase $ 10,450.00
2 Blackstone Gravity Re-Route $ 24,503.74
3 Blacksone Catch Basin Credit $ -
4 Blackstone Floats $ 9,813.19
5 Moving Blackstone Building $ 2,940.64
6 Blackstone Pig Launch § 15,929.00
7 Blackstone Bollards $ -
8 Santerre Pig Launch $ 11,075.42
9 Santerre Bollards $ 1,380.56
10 Santerre Wet Well Modifications - Not to Exceed $ 51,861.87
It Spaulding Isolation Valve $ 6,051.39
12 Harris Isolation Valve $ 5,307.34
13 Maurice Street Paving Credit $ - Time
Net Contract Price Increase of this Change Order (PCO-_$ 139,313.15
CONTRACT PRICE & DATE OF
SUBSTANTIAL/FINAL COMPLETION WITH ALL $ §,474,513.15

Note: Items 3, 7, and 13 are not included in this change order.

6/21/23
6/21/23
0 days
0 Days
6/21/23

Time

Final Completio:

9/19/23

9/19/23

0 days
0 Days

9/19/23

Special Board of Aldermen 06-07-2021 Page 5

Regarding the fiscal responsibility of the current system. It has been presented that one of the reasons
behind this move is because the police department with commission approval has come in each year with a
budget that is above the cost of living which leads to a much higher tax rate. That statement doesn’t cover
the whole story. When contracts are negotiated, they usually cover a multi-year period usually three years.
The contracts are negotiated with the City’s Corporate Counsel present every step of the way. They’re
reviewed and approved by the Commission who has input throughout the process. The contracts then go
through the same system as every contract in the city. They must be approved by you the aldermen and
alderwomen. Some have passed and some have failed as part of the process. Each year the department
is given recommended increases to the budget from the previous year. If for example the police
department tis asked to come in at a zero percent increase, the reality is that is a cut in services after
contractual obligations are met even though those were previously agreed to. It is the responsible thing to
do for me to inform the city government what that change would look like. This year for example a zero
percent increase would only be achieved with the layoff of approximately 10 of our newest officers. Those
ten officers by the way are some of the most diverse officers this department has ever hired. | believe each
of you would be disappointed if | chose to layoff each of those employees and never informed any of you of
what that consequence was.

Instead, we’ve continued to meet and develop a strategy which will be proposed next week that will bring
us not only within the current request but will assist in funding next year’s budget. Regardless of what
happens, we have always stated that we will come in on budget no matter what that number is but we owe
it to everyone to show exactly what that would look like. It’s also important to note that each month we
meet with the commission in a public meeting. There are usually one to two aldermen and alderwomen
present at each of these meetings where they are able to ask questions and listen to the operations of the
department. The minutes for each meeting are posted on line after being approved. The Nashua Police
Department also posts our yearly goals and objectives and our five-year plan. We are very transparent and
willing to answer any questions or concerns our citizens may have.

In closing, | want you to know that | believe this proposal is not good for the City of Nashua or the Nashua
Police Department. It brings in local political influence to an accredited agency that is able to be
accountable yet independent to local political influence. Statements made about this change making us a
better police department are just not true. No one has been able to explain how this would make us better
other than giving more power and control to local influence. It would undermine our ability to effectively run
this organization as well as we have for the past 30 years. If you respect your police department which has
been an instrumental institution in having Nashua voted one of the best cities to live, then please do not
consider voting for this change. Thank you very much to everyone for your time tonight. As always, please
feel free to call me or e-mail with any questions or concerns. Thank you.

Chairman Caron
Thank you Chief.
Chairman Tollner would you like to add to the Chief's comments. Thank you.

Commissioner Jim Tollner

Thank you for the opportunity to speak. | will be brief.

The Nashua Police Commission works diligently to ensure that the Nashua PD is a well-run and respected
department making Nashua a safe place to live and raise a family. I’ve been on both sides of this issue —
as a Police Commissioner and as an Alderman and my opinion has never wavered. An independent
commission is best for Nashua.

Regarding the secret process, not the case. There is always an opportunity to speak with any sitting
Governor. Former administrations, past Mayors have absolutely had conversations opposing candidates

Special Board of Aldermen 06-07-2021 Page 6

before a Governor. Choosing to ignore an opportunity is not the same as being excluded from the process.
Saying Nashua is the only remaining city with Governor appointed local Commissioners is true. | suggest
that be viewed as a positive as there are other New Hampshire police departments struggling to manage
the very change you are not contemplating.

Accountability. Every meeting as the Chief said is open to the public and for the last five months we have
held in-person meetings. Senior level staff at the police department participate on numerous local nonprofit
boards which lends itself to successful community policing. Each Commissioner is local, resides in
Nashua, and is responsible and responsive to the citizens in the exact same way as each member of the
Board of Aldermen.

As the Board of Aldermen are aware, the survey was incorrect with respect to the police department
budget. The Board of Commissioners proposes a budget in the exact same way that Nashua Fire and the
Board of Education does. The Mayor and the Board of Aldermen approve the final police budget. The
Commissioners do not. As | have always said, any business or municipality at times will have issues or
bumps in the road that need to be addressed. It is how you handle those situations that will prove the value
and integrity of each institution.

Over the course of time, the Commission has dealt with a few of those situations and has done so with the
utmost consideration of its citizens, staff, and city. | was just saying to some folks the other day, imagine if
you were at a Mayors convention and one Mayor says, my police department has one of the highest
CALEA scores nationally and last year has recruited the most diverse police class in the city’s history.
Despite the national climate is at full complement and actually it’s the only PD in the State with such a
distinction, and they have an outstanding relationship with the nonprofits and social service agencies.
Don’t take my word for it, ask them. And then this mayor says, as | always tell my community, we enjoy
living, working, and playing in one of the safest cities in America. People — that Mayor is Jim Donchess and
that city is Nashua. Why would you change it? You have local control but some of you are proposing is
total control. The only question we should be asking is how this legislation is deemed necessary and
worthy of a Charter change. Thank you for your time and consideration.

Chairman Caron
Thank you Chairman Tollner.
Before we get started, I’d like to acknowledge that Corporation Counsel Steve Bolton is here. Do we have

any board members that have any questions to the prior speakers before we get started to the testimonies?
Okay, seeing none.

Alderman Lopez

Madam Chair, | just wanted to let you guys know that | had showed up. | was a little late. Sorry.
Chairman Caron

Thank you Alderman Lopez. Alderman Lopez has shown up at 7:24. Thank you.

Okay, then we will start with testimony in favor and please remember that you must give your name and

address and you have three minutes to speak. Try to keep all your information as concise as you can. So
we will start. We'll warn you at 30 seconds I’ve been told. Thank you.

TESTIMONY IN OPPOSITION

Greg Murphy Good evening. I’m Greg Murphy from 231 Salmon Street in Manchester, NH. By way of
introduction | want to let the folks know that | appreciate the opportunity. | am currently the accreditation