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and expected contractor delays has prevented the opening of the office with no reopening date
determined. Additionally, the Mayor has City Hall completely shut down to the public with no
opening date insite.

Posting the applications online would cut the workload for multiple employees of the city. If they
are not easily made publicly available, here is the current process:

1. aright to request has to be submitted daily or weekly to receive email copies of abatement
applications and documentation that are received by the city. As you know the deadline for
abatement applications is March 1st.

2. The assessing office sends the request to the legal office.

The City Attorney has to respond in 5 business days.

4, The Attorney is requiring a full month just to obtain the documents. (the legal office is not
saying the public will receive the documents within the month, only that it will take them a
month to get them). Shockingly, this is the time the new RTK legal coordinator responded to
Ms. Colquhoun to obtain the applications received by the city as of December 18, 2020. Her
email and city response is attached.*

5. Because the legal office is processing the request, once they receive the documents they will
then have to redact any personal information.

6. Ifthe applications are posted online by the assessing office, no redactions are required
(consistent with how other boards are handling applications)

7. Ms. Perry, the legal clerk, has to create a tracking number for the RTK

8. Ms. Perry is then required to log the request in an excel spreadsheet and document the RTK
details across about 10 excel fields.

9. As in the case of Ms. Colquhouns request, and typical for RTK's that are being processed by
the legal office, the attorney writes another letter to state that redactions must be done and
they will need "X" more time.

10. Ms. Perry must update the excel spreadsheet with the updated letter and response time.

11. The legal office then delivers the responsive documents along with another letter written by
the attorney informing you that the responsive documents are provided.

12. Ms. Perry must update the excel spreadsheet with the letter sent by the legal office and
documents that the responsive documents were delivered. Sometimes a new RTK number
must be generated and an entirely new spreadsheet entry must be created.

ww

* Please note to add insult to injury, the legal office will not accept a request for all future
applications received for the March 1st deadline. In other words, the requester has to

continually write RTK's to obtain the application because the legal office will not hold a right-to-
know for future documents received because RSA 91-A does not require them to produce
documents that are not in their possession.

However, Ms. Colquhoun and I requested the email! copies of the Board of Assessor public packets
and the Assessing clerk sends those to us without requiring that we submit bi-weekly requests for
the information. In other words, the assessing office is willing to accept a predated request for
future information and fill the request. But because the request for the public abatement
applications and documents are being forwarded to legal, they will not accept a request for future

documents.
2

I believe the legal office should be accommodating to these types of requests because city hall
remains closed (unlike any other city hall in the state), the public cannot access these records at the
counter any longer and Ms. Kleiner's office redesign has made record retrieval difficult. Given
these extraordinary times, the legal office could accommodate this future request, but is choosing
not to. While Mr. Neumann is correct that RSA 91-A does not require the governmental body to
produce records not in their possession, the legal office is well aware that these documents are kept
(time sensitive March Ist deadline) and reported and the requested documents for 2020
abatement applications are clear and reasonably described public records. The attorneys are
justifying their salaries and complaining about workload by creating more unnecessary paperwork.

So, steps 1-13 have to be repeated for the 3 months to receive all the applications. This seems
totally absurd. While we hired a new RTK legal coordinator, we did not add legal clerks or staffing
and this position. It would not be surprising for the legal office to request more clerical support as
they spin up the paperwork and the required tracking to waste taxpayer dollars.

I am so disappointed that this is how a newly hired RTK legal coordinator is justifying his job on
the back of our tax dollars.

A simple request by you to just post the applications bi-weekly online is their original form will
eliminate all these costs and quickly put this time sensitive public information in the hands of those
interested in understanding how their government functions.

Laurie Ortolano
Al Berkeley Street.

Ms. Colquhoun's RTK request:

From: Laura Colquhoun <lauracolguhoun2(@gmail.com>

Date: Fri, Dec 18, 2020 at 10:35 AM
Subject: Information Needed
To: Brown, Louise <LouiseBQnashuanh.gov>

Louise,

Please provide electronic copies of 2020 abatement applications and supporting
documentation received by the city as of Friday December 18, 2020.

I would like weekly email copies of all 2020 abatements submitted to the Assessing
Department. I should not have to submit a weekly Right-to-know to obtain this data. I am not
required to submit biweekly RTK’s to receive the public information for the Board of Assessor
meetings and if the office were opened, I could review these applications upon walk-in.

Thank you for your assistance.

Mr. Neumann's response to Ms. Colquhoun's request.

December 29, 2020
Laura Colquhoun
30 Greenwood Drive Nashua, NH 03062

Via email only to lauracolguhoun2@gmail.com

RE: Right-to-Know Request received December 18, 2020
Dear Ms. Colquhoun,

The City is in receipt of your email request dated December 18, 2020, under NH RSA 91-A,
the “Right-to-Know” law. The request is for the City to “provide electronic copies of 2020
abatement applications and supporting documentation received by the city as of Friday
December 18, 2020. I would like weekly email copies of all 2020 abatements submitted to the
Assessing Department. I should not have to submit a weekly Right-to-know to obtain this data.
I am not required to submit biweekly RTK’s to receive the public information for the Board of
Assessor meetings and if the office were opened, I could review these applications upon walk-
in.”

The City will gladly fulfill all Right to Know requests for non-exempt public records within its
current possession. However, under NH RSA 91-A, IV, the City must make available, upon
request, only reasonably described records that are within the City’s files and immediately
available for release. Further, the City is not required to assemble information into a form
in which it is not already kept or reported. In light of this, the City respectfully declines to
honor any standing requests for future records not presently in its possession.

Due to prior Right-to-Know requests, and other Legal Department obligations, and other
Assessing Department obligations, and duties and the renovation of the assessing department.
The time reasonably necessary to gather and review the requested documents is on or before
January 26, 2021.

Sincerely,
/s/ Jesse B. Neumann
Jesse B. Neumann Attorney/RTK Coordinator

ce: File # 2020-415

Graham, Donna

RESTRIC EE SURE T
From: Jennifer Mcgregor <jenmcshea@aal.com>
Sent: Saturday, January 02, 2021 8:13 PM
To: Board of Aldermen
Subject: Performing Arts Center Architecture

CAUTION: This email came from outside of the organization. Do not click lmks/open attachments if source is
unknown.

Dear Board of Aldermen,
l am glad that Nashua will build a Performing Arts Center in the heart of downtown. Good job!

However, | am dismayed by the architect's plan. It seems to me that "Modern" design becomes dated and sad within a
decade. Think of Scollay Square in Boston, the Brutalist City Hall, which is one of the biggest eyesores in

Boston. Compare that to the Lowell Auditorium, Cary Memorial Hall in Lexington, the Plymouth (MA) Memorial Hall and
the Colonial Theatre in Laconia. These are timeless, beautiful, uplifting buildings that will be beautiful and elegant 100
years from now. Also, consider the architecture on Main Street, which boasts some lovely classical buildings. Please
reconsider the bland, flat design that you have chosen and make something lasting and beautiful.

Thank you for your consideration,
Jennifer McGregor

8 Hydrangea Road
Nashua NH

THE CITY OF NASHUA “The Gate Cy"

Administrative Services Division

Date: January 5, 2021
To: Mayor Jim Donchess
Board of Aldermen
From: Kimberly Kleiner, Administrative Services Director
Subject: Public Information and Transparency

Attached is a chart of the Assessing Tools and Information found on several New Hampshire
municipal websites. As you can see, the Nashua Assessing department is more transparent than
other cities and towns in Southern New Hampshire.

Assessing Tools and Information Available to the Public Online

Muni
Tools Nashua | Manchester | Concerd | Hudson | Salem Keene | Milford | Amherst | Sedford | Merrimack | Hampton | Hooksett

x x x x x x x x x

Dashboard
Code
Data Disc
Infa
Use
Deadlines
Credit
Forms
GIS Viewer
Newsletter
Property Data (WebPro
Record Cards
Sale Search Tool
Tax Lack
tial Tax Payer Resources
Revaluation Status Re

‘ax Rate

mM] x | | HK] KE PE | oe pet fe foe ] oe | me | wx Pe fe |

Excavation Tax

Jim Donchess
Mayor » City of Nashua

To: Board of Aldermen

From: Mayor Jim Donchess

Date: December 29, 2020

Re: Multi-Year Contract Award — Lead Paint Risk Assessment and Inspection Services

Pursuant to NRO: § 5-74/B: A contract that extends from the current fiscal year into succeeding
fiscal year(s} in which no funds have been appropriated nor otherwise designated for this purpose
shall be approved by the full Board of Aldermen before the contract shall become binding on the
City. ; i

The Finance Committee has approved and placed on file the notification of the award of the
referenced contract at the January 6, 2021 meeting and as such | am requesting the full Board of
Alderman approve the following contract:, vas

item: : . a - Lead Paint Risk Assessment and ‘Inspections Services o

Vatue: a uo $336,000 (not io exceed)

Vendor: ot Alchemy Lead Management

Purchasing Memo#: 21-067 dated December 28, 2020 |

Contract Term: 42 months: oS
Thank you.

229 Main Street + PO Box 2019 + Nashua, New Hampshire 03061-2019
603.589.3260 + fax 603.594.3450 » NashuaMayor‘@NashuaNH.gov
www. NashuaNH.gov

Community Development 589-3095

City of Nashua pemmmgaraenngSeeaee
Community Development Division Urban Programs ceosoee
City Hall, 229 Main Street, PO Box 2019 cee ee een apes
Nashua, New Hampshire 03061-2019 FAX 589-3398

wwe, gonashua.com

To: Kelly Parkinson, Purchasing Manager

cc: Sarah Marchant, CD Director
Janet Graziano, Financial Manager

From: Carrie Schena, UPD Manager
Date: December 29, 2020

Re: Lead Paint Risk Assessment/Inspectional Services (Value: $336,000)
ACTIVITY: 1092,20.10.50 (confirm) ACCOUNT CATEGORY: 54225
LEAD HAZARD CONTROL GRANT: INSPECTION SERVICES

The City was recently awarded a new $5.7M leac-paint and healthy homes grant from HUD’s Office of Lead
Hazard Control & Healthy Homes to address lead hazards in housing occupied by low-income households.
All lead hazards must be identified by a NH licensed Risk Assessor/Lead Paint Inspector per state and
federal requirements. A RFP was issued to solicit qualified proposals io provide this service. The total # of
housing units to be inspecied, per our grant agreement with HUD, is approximately 210 over the 42-month
grant period.

The Urban Programs Department evaluated the two proposals received according to the criteria within the
RFP. The Risk Assessor recommended herein successfully completed two similar contracts for the City and
has demonstrated capacity to handle the volume of work. We base this recommendation on the combination
of experience, capacity, quality of work, and cost of services. Further this company qualifies as a Woman
Owned Business (VW/BE).

The Urban Programs Department and this Office recommend awarding the contract in a sum not-to-exceed
(NTE) $336,000 to Alchemy Lead Management. The source of funding will be the Lead Based Paini
Hazard Control Grant, which has a line item budgeted for risk assessmeniiead paint inspection services.

A CONTRACT BETWEEN THE CITY OF NASHUA
AND

ALCHEMY LEAD MANAGEMENT
NAME AND TITLE OF INDEPENDENT CONTRACTOR

189 KELLEY STREET, MANCHESTER, NH 03102
ADDRESS OF INDEPENDENT CONTRACTOR

WHEREAS, the City of Nashua, a political subdivision of the State of New Hampshire, from time to
time requires the services of independent Contractor; and

WHEREAS, it is deemed that the services of Contractor herein specified are both necessary and
desirable and in the best interests of the City of Nashua; and

WHEREAS, Contractor represents they are duly qualified, equipped, staffed, ready, willing and able
to perform and render the services hereinafter described;

Now, THEREFORE, in consideration of the agreements herein made, the parties mutually agree as
follows:

1. DOCUMENTS INCORPORATED. The following exhibits are by this reference incorporated herein and are
made part of this contract:

Exhibit A- General Conditions for Contracts
Exhibit B - Scope of Services

The Contract represents ihe entire and integrated agreement between the parties and supersedes
prior negotiations, proposals, representations or agreements, either written or oral. Any other
documents which are not listed in this Article are not part of the Contract.

2. WorK TO Be PERFORMED. Except as otherwise provided in this contract, Contractor shall furnish all
services, equipment, and materiais and shall perform all operations necessary and required to carry
out and perform in accordance with the terms and conditions of the contract the work described in
Exhibit B.

3. PERIOD OF PERFORMANCE. Contractor shall perform and complete all work within the time periods set
forth in Exhibit B. The time periods set forth in Exhibit B may only be altered by the parties by a written
agreement to extend the period of performance or by termination in accordance with the terms of the
contract. Contractor shall begin performance upon receipt of a Notice to Proceed and a valid
purchase order from the City.

4, COMPENSATION. Contractor agrees to perform the work for a total cost not to exceed $336,000, which,
unless otherwise provided in this contract, shall be paid in accordance with the provisions of Exhibit B.
Requests for payment must include a detailed summary of the expenditures reported in a form that
supports the approved budget. Specifically, contractor agrees to provide the following with each
request for payment:

1. Appropriate invoice forms. The forms shall include the project purchase order number, a isting of
personne! hours and billing rates, and other expenditures for which payment is sought.

2. <A progress report. The report shall include a descripiion of the work accomplished, problems
experienced, upcoming work, any extra work carried out, and a schedule showing actual
expenditures billed for the period, cumulative total expenditures billed and paid ta date under the
contract, and a comparison of cumulative total expenditures billed and paid to the approved
budget.

The City will pay for work satisfactorily completed by Contractor, The City will pay Contractor within 30
days o7 approval by the City of the submitted invoice forms and progress reports. The City will make no
payments until the invoice forms and progress reports have been submitted and approved. The parties
expressly agree that progress payments shail not exceed the amounts for any particular task or phase of
work set forth in Exhibit B and may be made in accordance with General Condition paragraph 14.

5. EFFECTIVE DATE OF CONTRACT. This contract shall not become effective until and unless approved by
the City of Nashua.

6. Novices. All notices, requests, or approvals required or permitted to be given under this contract
shall be in writing, shall be sent by hand delivery, overnight carrier, or by United States mail, postage
prepaid, and registered or certified, and shall be addressed to:

CITY REPRESENTATIVE:

Carrie Schena, Urban Programs Manager

City of Nashua, Community Development Division
229 Main Street

Nashua, NH 03060

CONTRACTOR REPRESENTATIVE:
Debbie-Ann Valente

Alchemy Lead Management

189 Kelley Street

Manchester, NH 03102

Any notice required or permitted under this contract, if sent by United States mail, shall be deemed to
be given to and received by the addressee thereof on the third business day afier being deposited in
the mail. The City or Contractor may change the address or representative by giving written notice to
the other party.

IN WITNESS WHEREOF, the parties nereto have caused this contract to be signed and intend to be legally
bound thereby.

independent Contractor {date}

Mayor, City of Nashua {date}