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RESOLUTION:

PURPOSE:

SPONSOR(S):

COMMITTEE

ASSIGN

MENT:

FISCAL NOTE:

LEGISLATIVE YEAR 2022

R-22-006

Relative to the acceptance of an additional $377,873.50 from
the State of New Hampshire, Department of Health and
Human Services into Transit Grant Activity “Federal Transit
Authority (“FTA”) Operating Grant”

Mayor Jim Donchess

Human Affairs Committee

The fiscal impact is a $377,873.50 grant to be used for a specific
purpose.

ANALYSIS

This resolution authorizes the City to accept funds from the State of New Hampshire,
Department of Health and Human Services for the purpose of providing fixed route
transportation services for individuals ages 60 and up. These funds are in addition to funds
previously authorized under R-20-044. This funding shall be in effect from July 1, 2022 through
June 30, 2024.

Approved as to account
structure, numbers,

and am

Approved as to form:

ount:

Financial Services Division

Office of Corporation Counsel

By: Vay whe, Moule.
Date: [9 Aasulasir hag

R-22-007

RESOLUTION

RELATIVE TO THE ACCEPTANCE OF $98,250 FROM THE STATE OF NEW
HAMPSHIRE, DEPARTMENT OF HEALTH AND HUMAN SERVICES INTO POLICE
GRANT ACTIVITY “FY2022 COVID-19 VACCINATION AID GRANT”

CITY OF NASHUA

In the Year Two Thousand and Twenty-Two

RESOLVED by the Board of Aldermen of the City of Nashua that the City of Nashua is
authorized to accept $98,250 from the State of New Hampshire, Department of Health and
Human Services into Police Grant Activity “FY2022 Covid-19 Vaccination Aid Grant” for the
purpose of assisting the State with vaccinating individuals in accordance with the New
Hampshire Coronavirus Disease 2019 Vaccination Plan. This funding is for January 1, 2022

through March 31, 2022. No local match is required.

The Mayor is authorized to enter into any grant agreement or other documents necessary
to further the purposes hereof.

LEGISLATIVE YEAR 2022

RESOLUTION: R-22-007

PURPOSE: Relative to the acceptance of $98,250 from the State of New
Hampshire, Department of Health and Human Services into
Police Grant Activity “FY2022 COVID-19 Vaccination Aid

Grant”
SPONSOR(S): Mayor Jim Donchess
COMMITTEE
ASSIGNMENT: Human Affairs Committee
FISCAL NOTE: Fiscal impact is a $98,250 grant to be used for a specific purpose.

ANALYSIS

This resolution authorizes the City to accept $98,250 from the State of New Hampshire,
Department of Health & Human Services for the purpose of reimbursing the Nashua Police
Department personnel costs related to assisting the State in vaccinating individuals in accordance
with the New Hampshire Coronavirus Disease 2019 Vaccination plan.

Approved as to account Financial Services Division
number and/or ;
structure, and amount: By: _/s/John F. Griffin
Approved as to form: Office of Corporation Counsel

O-22-003

ORDINANCE

RELATIVE TO REQUIRING FACE COVERINGS THROUGH FEBRUARY 28, 2022

CITY OF NASHUA

In the Year Two Thousand and Twenty-Two

Whereas, the Nashua Board of Health finds that the public’s health remains threatened
due to increased Covid-19 transmission and that the requirement of face coverings in the City
should be extended.

Thus, the Board of Health urges the Board of Aldermen to extend the current face
coverings requirements through February 28, 2022.

Now therefore, the City of Nashua ordains that the following Emergency Public Health
Order adopted by the Nashua Board of Health is hereby approved:

1. Employees of all businesses shall wear a face covering over their mouth and nose when
interacting with the public and whenever they are within six feet of a co-worker or a

customer.

2. Members of the public entering any business, including without limitation any outdoor
area where business of any sort is conducted, work site, or government building must
wear a face covering over their nose and mouth.

3. Members of the public entering a restaurant for the purpose of picking up food for take-
out or any other purpose must wear a face covering over their mouth and nose. Members
of the public dining at a restaurant may remove face covering when actively eating and
drinking.

4, Residents, visitors, and members of the public entering or present at a residential or
commercial building complex of greater than two (2) units must wear a face covering

over their nose and mouth while in common areas and communal spaces.

5. This order applies to all individuals over the age of 2, regardless of vaccination status.

ORDINANCE Q-22-003

6.

10,

11.

A face covering is not required to be worn by any person if said person can show a
medical professional has advised that wearing a face covering may pose a risk to said
person for health related reasons. This exception to the face covering requirement for
health reasons shall require a person to have in his or her immediate possession a written
document executed by a medical doctor, registered nurse practitioner, or a physician’s
assistant authorized to prescribe medication which document certifies that the practitioner
has warned the individual that he or she should not wear a face covering because it would
pose a risk to his or her health.

All businesses open to the public, including restaurants, retail stores, service providers,
and places of amusement and recreation, and residential and commercial buildings of
greater than two (2) units shall post at each public entrance a notice stating “FACE
COVERINGS REQUIRED.”

Persons engaged in utilizing cardio, strength training, and other gymnasium equipment
may remove the face covering during the actual use of such equipment provided a
distance of six (6) feet from any other person is maintained.

Persons at places of amusement, including bingo halls, bowling alleys, charitable gaming
facilities, and similar places where food and drink is served secondarily to the main
activity may remove face covering while actually engaged in eating or drinking and not at
other times.

Persons receiving personal care services including hair cutting and other hair treatment,
facials, tattooing, piercing, and similar services, may remove face covering during any
limited period during which the face covering actually interferes with the performing of
the service.

For purposes of this ordinance and any other face covering requirements now in force or
hereafter adopted the following words shall have the indicated meanings:

“Business” means any manager or supervisor on the premises when a violation occurs
and any owner of the business.

“Face covering” means a covering made of cloth, fabric, or other soft or permeable
material, without holes, that covers only the nose, mouth, and surrounding areas of the
lower face. A face covering may be a 2-layer cloth mask or a surgical mask, but may not
be a gaiter or scarf.

“Owner” means any one or more of the natural persons owning a business; in the case of
a business owned by a partnership “owner” means the partnership and all general and
limited partners; in the case of a business owned by a limited liability company “owner”
means the company and all managers and members thereof; in the case of a business
owned by a corporation “owner” means the corporation and all officers, and directors,
thereof; and in the case of a business owned by a corporation having fewer than ten (10)
shareholders “owner” means all shareholders.

ORDINANCE O-22-003

This ordinance shail be effective immediately and shall continue in effect until the end of the day
of February 28, 2022. The Board of Health and the Board of Aldermen reserve the right to
revisit this end date if the public’s health remains threatened due to increased transmission.

The City Clerk is directed not to codify this ordinance in the Nashua Revised Ordinances but to
designate it as Covid-19 Emergency Measure No. (City Clerk to assign appropriate
number upon passage) and publish it and any subsequent emergency measures on the city
website,

ORDINANCE:
PURPOSE:

ENDORSERS:

COMMITTEE

ASSIGNMENT:

FISCAL NOTE:

LEGISLATIVE YEAR 2022

O-22-003
Relative to requiring face coverings through February 28, 2022

Alderman-at-Large Melbourne Moran, Jr.

Personnel/Administrative Affairs Committee

None.

ANALYSIS

This legislation approves the Board of Health’s recommended extension of the regulations
requiring the wearing of face coverings by persons at various places, effective through February

28, 2022.

Approved as to form:

Office of Corporation Counsel

By: /s/_ Steven A. Bolton

Date: January 19, 2022

process for securing the necessary maintenance and repairs of such Equipment, should
same become necessary, shall be as follows: Upon reasonable request and notice by
Contractor, the City shall endeavor to facilitate and/or fund (depending on the owner of
such Equipment) the repair of non-essential video, production, editing and broadcast
equipment within thirty (30) days; however, for essential video, production, editing and
broadcast equipment, computers, etc. that are essential and necessary for the full
performance of Contractor’s obligations hereunder, the City shall endeavor to make
arrangements for repairs not later than ten (10) days from the date such repair is requested.
If City and Contractor mutually agree that replacement of such non-essential or necessary
Equipment is necessary or advisable, to initiate the procurement process for such
replacement as soon as possible, but not later than ten (10) days from the date it is
determined that replacement equipment is needed. Contractor shall be responsible for
maintaining any equipment Contractor voluntarily acquires on its own initiative for
equipment above and beyond the equipment provided by the City and/or cable company.

Notwithstanding the text above, the parties agree that nothing herein shall relieve
Contractor of its obligations to seek monetary and, if appropriate, non-monetary
damages for any equipment that is broken or destroyed due to the negligence or willful
misconduct of any employee, agent, contractor or invitee of Contractor, or any producer or
other user of facilities.

5. Contractor will not knowingly permit (and will institute protections to help prevent), any
facility it manages or the cable channel under its control to be used for the production or
dissemination, regardless of the technology used, of any material that can be legally defined as
Obscene, found to be defamation, libel and/or slander; in violation of copyright or other
intellectual property law, commercial speech inconsistent with the requirements for non-
commercial public access programming; material in violation of privacy or misappropriation
laws; material lacking proper consents and/or authorizations; or other unlawful material,
subject to and in accordance with applicable law regarding what constitutes unlawful
programming and the due process that may be applicable with respect to limitations,
restrictions, prohibitions, remedies, sanctions, settlement agreements and other dispositions
regarding such programming.

a. Contractor shall make good faith efforts to prevent the airing of such obscene
programming and shall suspend, any such programming subject to applicable law, if and when
Contractor receives actual and reasonable knowledge of the unlawful content and/or
character of that programming.

b. Contractor shall require program producers and or program sponsors to sign a user and/or
producer/sponsor form (however termed) by which the producer(s)/sponsor(s)/user(s) accept
responsibility for liabilities, if any, arising from the cablecasting of their productions or
sponsored programming, including but not limited to liabilities for defamation, copyright
violation and other possible liabilities, and in such form the producer(s)/sponsor(s)/user(s)
shall acknowledge that they shall not hold the City and/or Contractor liable, and shall
indemnify the City and/or Contractor, for their own productions and or sponsored
programming.

5|Page

A regular meeting of the Board of Aldermen was held Tuesday, January 11, 2022, at 7:30 p.m. in the aldermanic chamber
and via Zoom teleconference which meeting link can be found on the agenda and on the City’s website calendar.

President Lori Wilshire presided; City Clerk Susan Lovering recorded.
Prayer was offered by City Clerk Susan Lovering; Alderwoman-at-Large Shoshanna Kelly led in the Pledge to the Flag.
Let’s start the meeting by taking a roll call attendance. If you are participating via Zoom, please state your presence, reason

for not attending the 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.

The roll call was taken with 11 members in attendance and 4 participating via Zoom of the Board of Aldermen present:
Alderman O’Brien, Alderman Sullivan (via Zoom), Alderman Klee, Alderman Moran, Alderman Lopez, Alderman Jette,
Alderman Clemons (via Zoom), Alderwoman Kelly, Alderman Comeau, Alderman Dowd (via Zoom), Alderman Gouveia,
Alderman Cathey (via Zoom), Alderman Thibeault, Alderwoman Timmons, Alderman Wilshire.

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

President Wilshire

I'd like to have John Cathey sworn in. So John I’m going to turn it over to Attorney Bolton so you can be sworn in.
Oath of office was administered to Alderman John Cathey.
Congratulations Alderman Cathey.

REMARKS BY THE MAYOR

Mayor Donchess

Well first, again, | wanted to discuss the COVID-19 situation. As you probably have heard, the number of cases and the
overall transmission within the community is up considerably. The two measures we’ve been talking about over these last
two years principally in terms of gauging transmission are the positivity rate and the number of new cases per 100,000
people over the last 14 days. Positivity rate as of a day or so ago was 28.4 percent — nearly double what | reported to you
two weeks ago. The number of new cases for per 100,000 is over 1,800. That was 1,200 and something two weeks ago.
Of course during the summer months, that was way down like 70 — 50.

We have about 58 people in the hospital as of yesterday between the two hospitals. Hospitals are definitely stressed.
They called on the city to see if we could provide employees and help. We've worked with the Fire Department and the
Police Department to provide officers on detail if and when they’re necessary but the hospitals have gotten some good
news in the sense that there are National Guard at St. Joe’s. The National Guard is expected at Southern and FEMA is
going to be helping out as well. So they think that they’re in better shape than they thought when we talked last week and
therefore, they may or may not need fire and police officers who would be hired on a detailed basis. Same terms as
normal details.

Now the good news, if there is any, is that the hospitals were particularly concerned about the projections coming from the
University of Washington which has been pretty accurate and has been projections throughout the last two years. They
have projected that February is going to be a very difficult month. The next month or so here is going to be very difficult.
The peak may occur in the first couple of weeks in February but that same group in the University of Washington is
projecting a very steep decline come April and May in terms of specially the number of people who will be fatally struck
with the virus. We have suffered — Nashua tragically the loss of five more people over the last couple of weeks. So we
now have about 120 people who have passed away here in our community. | think we can at least take some hope in the
idea that we may see a steep decline in early spring.

Again, Public Health doing vaccinations that will soon be putting out home tests and, again, is very dedicated in doing a
great job.

On more mundane business, | wanted to mention that from time to time I'll be reporting to you regarding the status of Bills
in the legislature. These do affect us. We principally are watching — we're watching a lot of things but we principally
watch Bills where the State hits us with reduced revenue or increased expenses. Last year, the State increased the city’s
pension bill over and above an increase in wages by $4 million resulting in about a 2 percent tax increase just for that.

Board of Aldermen 01-11-2022 Page 2

This year the amount of school aid is projected to be down over $2 million hitting the hard working taxpayers of Nashua
with another 1 percent tax increase there. So we are watching any Bills that would impact our financial position.

| want to mention House Bill 1432 in which it is proposed that the State never spend even ten cents on commuter rail. We
can talk about commuter rail in more detail but the business community here is solidly behind it. Population very much
behind it. Now we have some traction both at the State level through the DOT doing the final planning phases of the
capital corridor project as well as some attention from Washington. We'll be learning more in the coming weeks on that.

| did have a rather interesting meeting with Chief Rourke of the Police Department. He is looking at some very interesting
things. First of all, we’re talking about for the first time providing hybrid cruisers which they believe perform pretty well. It
will cost a little more but we'll increase the mileage by 7 miles per gallon and over a course of a year at the Police
Department that will make a big difference.

The body cameras which have been new this year seem to be functioning pretty well. In some instances have actually
reduced the level of confrontation. Some of the people that the Police Department is dealing with are little more calm
when they realize that they are on camera. There have been a few technical issues with them which they're trying to work
out with the company. So we may have some interesting things coming there.

Finally Madam President, | wanted to inform the Board about a project being undertaken by Dante Castellano and some
other students at Nashua South. They are, again, for the second year providing $5 per tree. They're working with an
organization called, “Treeplenish” to plant they hope 275 trees at a cost to the homeowner of $5 per tree. Now these are
small trees, small samplings but at a very limited cost and the students will be able to at least plant some of them. This
year the three species are a form of Dogwood, a Northern Red Oak, and a common apple which is probably a crab apple.
So thank you Dante. If anyone out there would like a tree, we’re in contact with Dante so you can contact the Mayor’s
office or Dante directly maybe at the school. Probably the Mayor’s office is the best and we will get any kind of messages
through to him. You can also sign up through the treeplenish website.

So that’s all | have Madam President and before | conclude, | want to welcome, again, we had the inauguration on
Sunday but | want to welcome again our new members. We look forward to a very productive two years.

RESPONSE TO REMARKS OF THE MAYOR - None

RECOGNITION PERIOD — None

READING MINUTES OF PREVIOUS MEETINGS

There being no objection, President Wilshire declared the minutes of the Special and regular Board of Aldermen
meetings of December 14 and December 21, 2021 be accepted, placed on file, and the reading suspended.

COMMUNICATIONS REQUIRING ONLY PROCEDURAL ACTIONS AND WRITTEN REPORTS
FROM LIAISONS

From: Mayor Jim Donchess
John L. Griffin, Chief Financial Officer/Treasurer/Tax Collector
Re: Comptroller Appointment
There being no objection, President Wilshire accepted the communication and place it on file.

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

Laura Colquhoun

Laura Colquhoun from 30 Greenwood Drive. I’m speaking against Ordinance O-22-002 which calls for allowing Aldermen
participation in meetings through video teleconferencing.

President Wilshire

Ms. Colquhoun, we're not acting on that this evening. We're not acting on that.