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R-21-155

RESOLUTION

RELATIVE TO THE TRANSFER OF $75,000 FROM DEPARTMENT 194
“CONTINGENCY”, ACCOUNT 70100 “GENERAL CONTINGENCY” TO
DEPARTMENT 198 “INTERFUND TRANSFERS”, ACCOUNT 89725 “TRANSFER TO
CITY RETIREMENT TRUST FUND”

CITY OF NASHUA

In the Year Two Thousand and Twenty-One

RESOLVED by the Board of Aldermen of the City of Nashua that $75,000 be transferred
from Department 194 “Contingency”, Account 70100 “General Contingency” to Department 198
“Interfund Transfers”, Account 89725 “Transfer to City Retirement Trust Fund” for the purpose
of adding funds to the City Retirement Trust Fund to cover FY2021 retirement related severance
payments.

LEGISLATIVE YEAR 2021

RESOLUTION: R-21-155
PURPOSE: Relative to the transfer of $75,000 from Department 194

“Contingency”, Account 70100 “General Contingency” to
Department 198 “Interfund Transfers”, Account 89725
“Transfer to City Retirement Trust Fund”

SPONSOR(S): Mayor Jim Donchess

COMMITTEE
ASSIGNMENT: Budget Review Committee

FISCAL NOTE: Reduces FY2021 General Fund surplus and increases
resources available in the City Retirement Trust Fund to cover
certain FY2021 retirement related severance payments in
excess of the original $500,000 FY2021 budget appropriation
for this purpose. The current balance in the City Retirement
Trust Fund is $27,378.

ANALYSIS

This legislation authorizes the transfer of $75,000 from funds available in the

General contingency account to the City Retirement Trust Fund for the purpose of covering
certain FY2021 retirement related severance payments in excess of the original FY202! Budget
appropriation for this purpose.

Charter Sec. 53 permits the Board of Aldennen to transfer any unencumbered appropriation
balance or any portion thereof from one department, fund or agency to another.

NRO § 5-130, H provides that “when proposed legislation to transfer or reappropriate a
particular appropriation or portion thereof has had its first reading, such funds shall not be
expended or transferred while the legislation is pending”.

Approved as to account Financial Services Division
structure, numbers, ers

and amount: By: /s/John Griffin
Approved as to form: Office of Corporation Counsel

By: NPyeardn Cia Me

Date: \ | \ dus ‘go
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O-21-067

ORDINANCE

RECOGNIZING JUNETEENTH AS A CITY HOLIDAY AND REVISING THE
HOLIDAY SECTION OF THE UNAFFILIATED EMPLOYEES PERSONNEL
POLICIES

CITY OF NASHUA
In the Year Two Thousand and Twenty-One

WHEREAS, the federal government recently recognized June 19 as a national holiday
known as “Juneteenth”, to acknowledge and celebrate the end of the Civil War and the
emancipation of Black Americans, and to commit together to eradicate systemic racism that still
undermines our founding ideals and collective prosperity.

NOW, THEREFORE, BE IT RESOLVED by the Board of Aldermen of the City of
Nashua that the City of Nashua recognizes June 19 as a city holiday known as Juneteenth.

FURTHERMORE, THE CITY OF NASHUA ORDAINS that Part I “Administrative
Legislation,” Chapter 50 “Personnel”, Article I “General Provisions”, Section 50-6 “Merit
system for personnel administration pursuant to Charter §86-a” 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:

“§ 350-6. Merit system for personnel administration pursuant to Charter §86-a.
Pp

A. The “City of Nashua Unaffiliated Employees Personnel Policies”, dated Auyt2029
January 1, 2022, is hereby adopted. These personnel policies are the merit system for
personnel administration required by Charter §86-a.”

The proposed changes to the “City of Nashua Unaffiliated Employees Personnel Policies”
currently dated July 1, 2020, are as follows:

In Section II “Benefits”, Subsection A “Holidays”, delete the struckthrough language and
add the new underlined language as follows:

ORDINANCE O-21-067

“A. Holidays

Hleven 14 Twelve (12) holidays are observed by the City (plus Presidential Election Day every
fourth year); eight-¢8} nine (9) are standard holidays and three (3) are selected annually by the

Mayor. The City shall publish an annual schedule of holidays no later than December 1 of the
preceding year.

New Year’s Day Labor Day
Martin Luther King Day Veterans’ Day
Memorial Day Thanksgiving
Juneteenth Christmas Day
Independence Day

Employees shall be paid their regular rate of pay for each holiday. Part-time employees
normally scheduled to work twenty (20) or more hours per week will be paid holiday pay ona
pro-rated basis if the holiday falls ona day that they were normally scheduled to work.

Non-exempt employees who work on a holiday will be paid holiday pay plus one-and-one-half
times their base hourly rate for hours worked. Exempt employees who work on a holiday may
use holiday compensatory time within sixty (60) days of the holiday. Nashua Fire Rescue
Deputy Chiefs who work ona holiday will be paid ten and a half (10.5) hours of holiday pay at
their base hourly rate in addition to their regular pay.”

These changes to the Unaffiliated Employees Personnel Policies shall take effect on January 1,
2022.

LEGISLATIVE YEAR 2021

ORDINANCE: O-21-067

PURPOSE: Recognizing Juneteenth as a City Holiday and revising the
Holiday section of the Unaffiliated Employees Personnel
Policies

ENDORSER(S): Alderman-at-Large Ben Clemons

Alderwoman-at-Large Shoshanna Kelly
Alderman Linda Harriott-Gathright
Alderman-at-Large Lori Wilshire

Personnel/Administration Affairs Committee
Director of Financial Services Division
Human Resources Department

COMMITTEE Personnel Advisory Board
ASSIGNMENT: Mayor
FISCAL NOTE: The daily cost of the Unaffiliated payroll is approximately
$45,000.
ANALYSIS

This legislation makes June 19, “Juneteenth”, a city holiday, and amends the Holiday section of
the existing “Unaffiliated Employees Personnel Policies”, to add Juneteenth as an additional paid
holiday for unaffiliated employees starting in 2022.

Under NRO 50-3, the merit plan may be amended by ordinance. For all amendments introduced
by the Board of Aldermen, the views of the Director of the Financial Services Division. the
Human Resources Department, and the Personnel Advisory Board with the Mayor shall be
sought with respect to each amendment or change.

Approved as to form: Office of Corporation Counsel

By: Pawo (Dow lee_

Date: | Jade nd

A special meeting of the Board of Aldermen was held Tuesday, July 6, 2021, at 7:00 p.m. in the aldermanic
chamber as well as via Zoom teleconference.

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

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

To join by Zoom — please refer to the agenda or the website for the meeting link and telephone number.

Let’s start the meeting by taking a roll call attendance. When each member states their presence, please
indicate if participating via Zoom state why you are not meeting in person and 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 10 physically in attendance and 4 via Zoom members of the Board of Aldermen
present: Alderman Michael B. O’Brien, Sr., Alderman Patricia Klee (via Zoom), Alderwoman Shoshanna
Kelly, Alderman Richard A. Dowd, Alderman June M. Caron, Alderman Benjamin Clemons (via Zoom),
Alderman Thomas Lopez, Alderwoman Elizabeth Lu, Alderman Ernest Jette, Alderman Jan Schmidt,
Alderman Brandon Michael Laws (via Zoom), Alderman Skip Cleaver (via Zoom), Alderman Linda Harriott-
Gathright, Alderman Wilshire.

Alderman David C. Tencza was recorded absent.

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

President Wilshire to turn the meeting over to Alderman June M. Caron.

Chairman Caron

Thank you Madam President. We are here for a Special Board of Aldermen meeting on July 6, 2021 to
hear public testimony concerning R-21-151 Relative to a Ballot Referendum Concerning Sports Betting

within the City of Nashua. We’re going to start within the chamber first. Is there anyone here that would
like to speak in testimony in favor?

Alderman Lopez

Just as a point of order as Alderman O’Brien to put his mic on mute.
Alderman O’Brien

I’m muted.

President Wilshire

Jeff are you available?

Jeff Poehnert

| took care of it | think.

President Wilshire

Okay thank you.

Special Board of Aldermen 07-06-2021 Page 2
Chairman Caron

Thank you. Someone raised their hand. Please come to the podium and state your name and address please.
The Clerk will tell you when she starts the 3 minute time limit.

PUBLIC HEARINGS
R-21-151

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

TESTIMONY IN FAVOR
Giovanna Bonilla

’

Good evening. My name is Giovanna Bonilla. | live at 5 Hopi Drive here in Nashua, New Hampshire. |
also the Director of Events and Partnerships at Boston Billiards Pub and Casino.

m

| am here to ask for the Board’s support of the referendum for sports betting be put back on the ballot. |
believe the last time it was on the ballot my understanding from the sounding boards, and talking to the
community is there was a deep misunderstanding on what the vote was for and what it actually meant. So
this is not to decide if people can bet on sports. Itis legal. | think people know that now. It’s legal in the
State. They can do it from their phone. The only thing this would do is allow people to go to a brick and
mortar in person facility to make their bets. There will only be ten in the State so the longer we wait, the
less likely we'll ever have on in Nashua. | assume that they will make their ten selections in the future.
Fifty-one percent of the proceeds would to our education fund for the State so it would do great good there.
While it wouldn’t directly support charitable gaming in Nashua, it would indirectly support immensely as it
would draw people in and definitely make us more diverse and get more people to come to Nashua to
watch games, come on Sundays, and they might dabble and support the other games, therefore supporting
our food and beverage sales and also the charitable gaming that benefits many of the Nashua charities
that we have here.

Chairman Caron

Thank you.

Giovanna Bonilla

You’re welcome.

Chairman Caron

Is there anyone else in the chamber that would like to speak in favor? Okay we'll go to Zoom. Is there

anyone who would like to speak concerning the gaming that’s on Zoom? Would you raise your hand so we
can see you?

Mike Apfelberg

Well you already stated my name but my name is Mike Apfelberg, President of the United Way of Greater
Nashua. | would also as was just previously stated, I’d like to express my support of putting R-21-151
putting the issue before the voters of allowing sports gaming in the City. We are one of many nonprofits
that have participated in charitable gaming and have benefited greatly from the proceeds of charitable
gaming in our community. Between Boston Billiards and the River, these two organizations have pumped

Special Board of Aldermen 07-06-2021 Page 3

through their charitable gaming operations literally, literally many millions of dollars and between the two
well in excess of $10 million into our City’s nonprofits supporting really critical resources.

Now | understand that sports betting will not directly benefit charitable gaming, will not as such directly
have proceeds benefitting charities however, the vitality of these organizations is a function of the product
they have to sell to the public and how interesting it is as a place to go and spend your money. We have
some very competitive organizations just across the border. For example, the Everett Casino down in
Boston is a huge competitor and there’s also competition up in Maine. We really just do not want those
dollars leaving our community if at all possible. So I’d like you to consider putting this on the ballot.

I’d also like to reinforce that we should put some muscle behind communicating what this actually means
this time around so that people aren’t confused when they go to vote. Thank you very much and |
appreciate you entertaining this motion.

Chairman Caron

Thank you. Is there anyone else on Zoom that would like to speak in favor?

Jim Rafferty

Jim Rafferty would like to speak. Can you see me? Can you hear me?
Chairman Caron

Yes. Could | have your name and address please?

James Rafferty

James Rafferty — 52 Main Street, Apt. 404. | am the General Manager of The River Casino and Sports Bar
and in the very near future the Lucky Moose Casino and Tavern at Exit 6 where I’m sitting right tonight.

| wanted to speak in favor of R-21-151. | think it would be good for the City of Nashua. When we look
back at the previous opportunity for folks in Nashua to vote in favor of sports betting, | think there was a lot
of confusion about what people were betting for. | think it’s much clearer now and we need to do a better
job of communicating with all the citizens of the benefits of sports betting for Nashua. The citizens of New
Hampshire, and the New England, and the United States have voted with their feet on sports betting. It’s
extremely popular endeavor and we need to get into this business. When people say they’re going over
the State line to do it, heck with that - Manchester is taking a lot of money out of our pockets by not having
a facility here. So there’s lots of good reasons to do it. My company will support it. We're going to doa
better job of communicating and | really appreciate Mike O’Brien, and Ben Clemons, and Trish Klee for
helping us get this resolution going and | would ask you all to support this resolution. Thank you very
much.

Chairman Caron

Thank you. Okay, once again, anyone else on Zoom who would like to give testimony concerning sports
betting?

Okay seeing none. We will now take testimony in opposition of sports betting. Is there anyone in the
chamber that wants to speak in opposition? Okay.

Looking on Zoom is there anyone on Zoom who wants to speak in opposition of sports betting? Okay
seeing none.

Special Board of Aldermen 07-06-2021 Page 4

TESTIMONY IN OPPOSITION — None

Chairman Caron

We will repeat is there anyone here who would like to speak in favor of sports betting within the chamber?
Okay. Anyone on Zoom? Okay seeing none.

TESTIMONY IN FAVOR - None
Chairman Caron

Testimony in opposition of sports betting. Anyone within the chamber? Is there anyone on Zoom who would
like to speak in opposition? Okay seeing none.

TESTIMONY IN OPPOSITION — None

Chairman Caron closed the public hearing on Resolution R-21-151 Relative to Ballot Referendum
Concerning Sports Betting within the City of Nashua.

Alderwoman Lu

Excuse me Madam Chairman. | received a message that someone is having trouble with the password
getting in on Zoom.

Chairman Caron

They'll be able to speak during public comment. Okay. We will move on to legislation R-21-152 Proposing
and Amendment to the City Charter Relative to Adding Two Additional Members to the Board of Health.

R-21-152

PROPOSING AN AMENDMENT TO THE CITY CHARTER RELATIVE TO ADDING TWO
ADDITIONAL MEMBERS TO THE BOARD OF HEALTH

President Wilshire

Can we ask the sponsor to give us a synopsis of why he’s putting this legislation in?

Chairman Caron

Oh | was going to ask that and if there was anyone from the Board of Health that wanted to speak on this.
Alderman Lopez.

Alderman Lopez

Yup so as we all know from the pandemic when there’s a major health crisis presenting itself to Nashua,
the Board of Health is the one that we turn to for health advice and best practices for managing it. They
also meet monthly to go over the operations of the Public Health Department — everything from City
Welfare, to grants coming in, to other outbreaks that don’t necessarily have as pronounced an impact on us
as a community but definitely impact individuals as a whole like Lyme Disease outbreaks, or Hepatitis
outbreaks, that kind of stuff.

Project Name: 2019 Local & Collector Roadways

Scope of Work: Machine Paving, Hand Paving. Joint Adhesive, Cold Planing, Milling of Transitions
Reclamation, Excavation, Gravel Installation, Grading, Structures, Drainage, (Catch Basins and Pipe
Installation), Granite and Bituminous Curbing, Traffic Loops, Traffic Maintenance, Loam & Seed,
Temporary and Thermoplastic Striping.

Contract Amount: $4,436,399.97

Completion Date: December 15, 2020

City Project Lead: Mark Saunders, saundersm@nashuanh.gov , (603) 589-3120