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A regular meeting of the Board of Aldermen was held Tuesday, August 11, 2020, at 7:30 p.m. via
teleconference.

President Lori Wilshire presided; City Clerk Susan Lovering recorded.
Prayer was offered by City Clerk Susan Lovering; Alderman Jan Schmidt 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 Governors Emergency Order. However, in accordance with the
Emergency Order, | am confirming that we are:

a) 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: 8200156 6657 Password: 553666

The public may also view the meeting via Channel 16.

b) Providing public notice of the necessary information for accessing the meeting:

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 at
www.nashuanh.gov and publicly noticed at City Hall.

c) Providing a mechanism for the public to alert the public body during the meeting if there are
problems with access:

If anybody has a problem accessing the meeting via phone or Channel 16, please call 603-821-2049
and they will help you connect.

d) Adjourning the meeting if the public is unable to access the meeting:

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. When 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.

Board of Aldermen 8-11-2020 Page 2

The roll call was taken with 14 members of the Board of Aldermen present: Alderman Patricia Klee,
Alderwoman Shoshanna Kelly, Alderman Richard A. Dowd, Alderman June M. Caron, Alderman Benjamin
Clemons, Alderman Thomas Lopez, 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.

Alderman Michael B. O’Brien, Sr. was recorded absent.

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

Alderman Klee

Here, | can hear everybody and | am alone at this moment in the room and | am doing social distancing.
Alderwoman Kelly

| am here, | am alone | can hear everyone and | am following the Governor’s Order to stay home.
Alderman Dowd

| can hear everyone, | am here alone following social distancing in accordance with the Governor's Order.
Alderman Caron

| am here, | am alone, | can hear everyone and | am following Governor's Orders.

Alderman Clemons

| am here, | can hear everyone, | am by myself and | am following the Governor’s Declaration to please stay at
home.

Alderman Lopez

| am here, | am alone, | can hear everything that’s going on and it’s a pandemic so | am staying away from
people.

Alderman Tencza

| am present, | am alone, | can hear everybody and | am at home per the Governor’s Orders.
Alderwoman Lu

Hello, | am here alone, | can hear you and | am staying at home.

Alderman Jette

| am here, | am with my wife, | am at home and! am staying safer at home and | can hear everyone.
Alderman Schmidt

| am present, | can hear everyone and | am in the room alone except for this thing.

Alderman Laws

| am here, | am alone, | can hear you and | am keeping you all safe from me.

Board of Aldermen 8-11-2020 Page 3

Alderman Cleaver
| am here, | am alone and | am practicing social distancing. | can hear everyone.

Alderman Harriott-Gathright

| am here, | am alone and | am practicing social distancing in accordance with the Governor.
President Wilshire
| am here, | am alone and | am practicing social distancing and | can hear everyone. The first thing I’d like to

say is | would like to wish Alderman O’Brien well, he won’t be with us this evening, he is a little under the
weather. So my best wishes to him for a speedy recovery.

Alderman Lopez

Madam President, may | just ask the Clerk to note for the record that Alderman Schmidt did show the Board a
bird.

President Wilshire

Thank you Alderman Lopez. Also joining us this evening is Mayor Donchess and Corporation Counsel Steve
Bolton. Good evening Mayor, do you wish to address the Board?

REMARKS BY THE MAYOR

Mayor Donchess

Alright, well Madam President thank you very much and it is nice to see you all on a very warm August evening.
| had a few things | wanted to get into tonight. First of all, an update regarding the City’s COVID-19 response. |
see that Director Bagley, our Public Health Director is on the call and she and the Public Health Department
continue to do a very fantastic job in helping the community contain the spread of the virus. We receive periodic
updates and right now, as of yesterday, Nashua had had about 800 cases, COVID-19 positive. We have
currently 34 active cases, we have talked about the contact tracing before, but Public Health works with all of
those 34 patients, anybody who tests positive and then figures out who they contacted in the recent days and
then works with the contacts, in this case about 130 to advise them to quarantine to get tested and the
measures that need to be taken to protect themselves and the public from the potential spread of the virus.

We have accomplished a lot; the number of positive cases that we find every month is going down. Right now
we have only about 2 cases, positive cases, patients in the hospitals together. At Nashua’s peak we were in the
range always — every week of 15 to 20 cases and of course we only have 34 active cases because most people
have recovered and unfortunately we have seen 41 deaths but no one has died for over a month. This has been
a great community effort, people have really taken to the masks and are wearing masks and taking other
measures that protect our families, our friends, our community because they know that that’s the way to contain
the spread of the virus.

Now on the Agenda tonight is an amendment to the mask ordinance which we all passed, which was proposed
by the Board of Health, which you all passed in recent months. The amendment would add some clarification to
the mask requirement. First of all, working with the Police Department and the Police Department has been
doing a very good job of encouraging compliance without formally citing anyone. The Ordinance would be
amended to make it clear that the owner of the business, the business which is open to the public such as a
store, a supermarket and the like, has a responsibility to ensure that the people who enter the business, the
customers are wearing masks.

Board of Aldermen 8-11-2020 Page 4

And the reason for that is that it helps the Police Department focus on someone when there is a situation where
people are not on in compliance; helps the PD to focus on a responsible person with whom to discuss the need
to ask the customers to wear a mask.

Number Two, it does clarify some ambiguous situations making it clear that in gyms, the user of the gym is to
wear a mask going in but when they are actually exercising that is not a requirement. Also, making it clear than
an indoor/outdoor restaurant group situations, a mask is required except when the customer is actually eating or
drinking. Then, of course, a mask does not need to be required; otherwise should be worn.

But in any event, this is something | suspect will be referred to Committee and we can discuss it in more detail
there, but again, it is part of our community’s effort to make sure that we keep the community safe. As | said,
this has involved a lot of public sacrifice, many people not going out as much, having the inconvenience of the
masks and all these sacrifices that people have made have really accomplished a lot here in Nashua in
containing what could have been a much bigger outbreak. But we need to be watchful, we see what can
happen in a State that opens too early; Florida, Texas, Arizona we see as prime examples.

Madam President, in addition to those items | wanted to mention the fact that the Economic Development has
received and the City has received a $750,000.00 grant for additional loans for COVID-19 relief for small
business. As you will recall together we enacted a COVID-19 Relief Fund where we combined various Federal
sources of money, totaling about $1.2 million dollars and from that fund have made around 50 grants and loans
to small businesses and non-profits. Now with the $750,000.00 we will be able to reach additional businesses,
provide additional relief and again if the same average holds, it would be 20, 25, 30 different loans can be
granted from that fund.

Last meeting, Madam President, we received an update from the Assessing Department regarding the
assessing dashboard, which | think you saw the functionality, all the different things that the Assessing
Dashboard can accomplish for the people who wish to use it. That is now on line and active so anyone can use
that from the public via the City Website. So that was the culmination of a very big effort.

Madam President, | would also like to give my best to Mike O’Brien if he is watching. Mike if you are watching, |
hope you are feeling better soon.

Finally Madam President, the mother of Bill Barry, who we all know, Nancy Barry did pass away in recent days. |
wanted to extend my condolences to Bill and Helen and their entire family. Nancy was very beloved by the
family and her passing is of course very sad.

That concludes my remarks, Madam President. Thank you.

President Wilshire

Thank you Mayor. Any responses to the Remarks by the Mayor? Seeing none, Recognition Period.

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 Board of Aldermen
meeting of July 14, 2020, and regular Board of Aldermen meeting of July 14, 2020 accepted, placed
on file, and the reading suspended.

Board of Aldermen 8-11-2020 Page 5

COMMUNICATIONS REQUIRING ONLY PROCEDURAL ACTIONS AND WRITTEN REPORTS
FROM LIAISONS

From: Sarah Marchant, Community Development Division Director
Re: Amendment to Transit Advertising Services

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

From: Daniel Donovan, Chief Operating Officer, Nashua School District
Re: One Time Budget Funds FY21

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

From: Donna Graham, Legislative Affairs Manager
Re: Communications Received from the Public

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

From: David Fredette, Treasurer/Tax Collector
Re: Purchase Replacement for the 2018 Ford E450 Transit Van from FY2021 Capital Equipment
Reserve Fund (CERF)

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

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

COMMUNICATIONS REQUIRING FINAL APPROVAL

From: Tim Cummings, Economic Development Director
Re: | A Contract for NAI Norwood to assist as necessary on a case by case basis with the advisory and
procurement/disposition of commercial real estate

MOTION BY ALDERWOMAN LU TO ACCEPT, PLACE ON FILE, AND AWARD THE PROFESSIONAL
SERVICES CONTRACT TO ASSIST THE CITY AS NECESSARY ON A CASE BY CASE BASIS WITH
THE ADVISORY AND PROCUREMENTIDISPOSITION OF COMMERCIAL REAL ESTATE TO NAI
NORWOOD. THIS IS A MULTI-YEAR CONTRACT AND HAS BEEN APPROVED BY THE FINANCE
COMMITTEE AT ITS MEETING OF AUGUST 8, 2020, BY ROLL CALL

A viva voce roll call was taken which resulted as follows:
Yea: Alderman Klee, Alderwoman Kelly, Alderman Dowd, Alderman Caron,
Alderman Clemons, Alderman Lopez, Alderman Tencza,
Alderwoman Lu, Alderman Jette, Alderman Schmidt, Alderman Laws,
Alderman Cleaver, Alderwoman Harriott-Gathright, Alderman Wilshire 14

Nay: 0

MOTION CARRIED

Board of Aldermen 8-11-2020 Page 6

From: Tim Cummings, Economic Development Director

Re: Notice of Contract Change for Martini Northern Relative to Proceeding with a Guaranteed Maximum
Price (“GMP”)

MOTION BY ALDERMAN LOPEZ TO ACCEPT, PLACE ON FILE, AND APPROVE THE NOTICE OF

CONTRACT CHANGE/AMENDMENT FOR THE RENOVATIONS AT THE PUBLIC HEALTH BUILIDING

FOR A GUARANTEED MAXIUMUM PRICE (“GMP”) OF $2,825,625.00 BY MARTINI NORTHERN, BY

ROLL CALL

ON THE QUESTION

President Wilshire

Any discussion on that Motion? Alderman Jette?

Alderman Jette

Yes, thank you Madam President. Has this been referred, | mean has this gone through a Committee, the

Finance Committee for example? You know, we are talking about as Alderman Lopez mentioned, it’s a big

number and | am just wondering if a Committee of the Board has reviewed this?

President Wilshire

| could defer to Mr. Cummings? Director Cummings? Mayor do you know? | don’t think it’s been before a
Committee.

Alderman Jette

That being the case, could | move to let it be referred to whatever Committee you feel is appropriate
Madam President for a review and recommendation to the Full Board?

President Wilshire

Director Cummins?

Tim Cummings, Director of Economic Development

Madam President, yes this contract has been reviewed already by the Finance Committee when we initially
approved it and it was understood at that time that we were going to be approving the full contract and then
when we arrived at a guaranteed maximum price we would be letting you know.

President Wilshire

So it’s already been approved?

Director Cummings

The full contract has been correct. This process has been reviewed by the Legal Department and this is
what they advised as the process.

President Wilshire

Are you ok with that Alderman Jette?

Board of Aldermen 8-11-2020 Page 7
Alderman Jette

Well | appreciate that but | would feel more comfortable if a Committee reviewed this, | mean we are
agreeing to a guaranteed maximum price. | don’t Know about the rest of the Aldermen but | don’t know, |
don’t feel comfortable saying that this price is appropriate. | think it should be reviewed by a Committee; it
should be vetted before a Committee. Is there any problem is there a time crunch we are facing?

Director Cummings

Yes, yes — that will cause a problem.
Alderman Jette

OK well in the future, | would appreciate it if you would bring this before us before it causes a problem. You
know, you are asking us to approve something, | don’t know about the rest of the Aldermen, but | feel, | am
in a position where | am approving something that you know, | know it’s a reduction of the full amount that
originally was talked about. But | can’t stay, you know, if somebody asks me, if one of my constituents asks
me, what is this all about, is this price appropriate? | really don’t know, | guess | am relying upon you and |
don’t feel comfortable. | feel that we have a process. We have Committees and when things come before
the Board of Aldermen we are not supposed to be acting with a few days’ notice about something based
upon — you know with all due respect — your recommendation. | think it is appropriate for a Committee to
review it. | don’t know what the time crunch is, but | am telling you how | feel. So what is the time crunch,
what is going to happen if we don’t approve this tonight?

Director Cummings

Yes thank you and just so you know, | am having trouble with my internet connection so | apologize. So we
have deadlines and we have the contract ready to go and we are trying to keep on schedule. This is going
to be a year’s long process. If you delay this tonight it is essentially a one month delay before this Board
convenes again and you will push the whole project schedule. | am not the arbiter of the process, | am
following the process that has been previously outlined and just doing what was relayed to me. So that’s
just what we have done past practice and that’s why it is following this course of action.

President Wilshire

| am going to go to the Mayor first and | have a lot of hands up. Mayor?

Mayor Donchess

Well | would say that under the circumstances it didn’t seem that this coming back to the Committee a
second time was really necessary because of the very substantial price reduction that we achieved. So this
is the Public Health Building, the renovation of the Public Health Building has been in discussion for how
many years, eight years? The Board, the City did approve a contract for the renovation work up to a
maximum price of $3.6 million dollars. And now we are in a situation where we have leased space and we
are going to move Public Health down to Main Street for one year and this project needs to be completed
within one year in order to get them out of the leased space and back into the renovated space over at
Public Health.

Now certainly | understand Alderman Jette’s point that these matters should be reviewed by Committee,
but what | am trying to contribute here is that the $3.6 million was reviewed by a Committee, was approved
by a Committee and now as a result of Director Cummings negotiating and all the other things that have
gone into this, we have reduced the price below that previously approved by the Board of Aldermen by
$800,000,.00. So if we were increasing it by $800,000.00 | think we would have certainly thought, Oh my
God, this requires an explanation but since we have reduced it by $800,000.00 from the figure approved by
the Board of Aldermen | think everybody’s assumption was that people would be comfortable with that.

Board of Aldermen 8-11-2020 Page 8

President Wilshire

Mayor, do you know when the Finance Committee approved that?

Mayor Donchess

No, you mean the $3.6?
President Wilshire

Yes.

Mayor Donchess

No, | am not sure.

Alderman Lopez

| think | might have made the motion for that as well in the spring.
President Wilshire

The motion for what?

Alderman Lopez

For the funding for that amount, because if | remember originally it was $1.5 and then Legislation came
across saying like, Ok there’s been some changes in the project so now we have to change the amount. So
then earlier this year | sponsored a motion to do that.

Alderman Dowd

Yes, you are going to see several of these GMP’s on all the projects we have going on. You are going to
see them on 3 schools. As long as the amount, by the way, when they get that number, they predict a price
for the project and then they go back and sharpen their pencils and get the actual prices when they go out
to bids and everything. If it comes in under the amount that was approved for bonding, it really shouldn’t be
an issue. It’s not like we are trying to increase the bond, we are saving money. So it just means that the
final prices that were obtained by the contractor were less than was anticipated. So | don’t think you know
it needs to go back before a Committee as long as it is under the bonded price. The City is saving money
and it would just be whatever discussion you would have at a Committee, you could have right now.

Alderman Laws

Thank you Madam President. | have nothing to add after the last two speakers, thank you.

Alderman Lopez

| just want to say that | am inclined at this point to leave my motion the same that was initially proposed.
But | did want to acknowledge that | see Alderman Jette’s point as well. Communication is very, very
important and | think there’s a number of situations where it is extremely important for the Board of
Aldermen to be briefed on things where they haven’t necessarily been given all the details or information
hasn’t been conveyed particularly accurately. So as a rule of thumb, there should always be willingness to
communicate with the Board; even if it is in written form or something along those lines before we are
expected to make a decision on something, because while this is definitely a much lower number and lower

Board of Aldermen 8-11-2020 Page 9

is good as | understand it, we don’t necessarily know if any changes to the scope of service have been
made. If like they didn’t add the elevator or any changes like that. So being generally briefed on what we
are being asked to vote on, is at least courtesy, which | agree we should be extended a little bit more
carefully in the future. But | am not inclined to hold this up because the Public Health Department is
extremely important especially now, they have long been overlooked. Their needs are not ambitious, they
are pretty humble. They are looking for a handicap accessibility and facilities that are capable of handling
the kind of work that they do. So | appreciate that we are actually able to address this at a time where
Public Health’s Mission is at the forefront of what our City’s activities are. | don’t want to hold it up, | want
to make that we get this done.

Alderman Tencza

Very briefly Madam President, so | believe Director Cummings sent us all a Memo on this back on July 27"
which stated that the scope of work was not going to change whatsoever with this new price. And then we
also received it in the packet that Ms. Graham sent out to us. So we have had ample notice, | mean | think
anyone who would want to ask Director Cummings questions about any of this had the opportunity to do
so. They could have put what they found on the record here tonight | think we have spent several minutes
talking about this when there has been opportunity to get this information beforehand. So | would hope that
we can move forward with this tonight and save some money for the City on this project. Thank you.

Alderman Lopez

If | could follow up? | just want to clarify that my point was more than we are not causing a delay when we
ask for information. We are just doing our due diligence and that should be something that City
Departments are happy to do. In this case they did it, everything should be fine and we can move forward
But as a general rule of courtesy, we should be briefed on everything we are doing and that is an
expectation that all Aldermen should have that they are reviewing these processes.

Alderwoman Lu

Thank you. | just wanted to point out that you know the change to a contract was a little bit confusing for
me and | wanted to look at the original contract to see what might have changed. Unfortunately, when |
went to look at the original contract, | found that none of 2020 contracts are currently on the City Web Site
and | reached out to a couple of people about that so that | could prepare for this evening, but haven’t
received a response. So | think that’s a broken link or just something for the efficient, you know, that
should be corrected so we can review the contracts that you know — do the research. But if itis justa
matter of we now have a guarantee and that is the only difference is that now they are guaranteeing us that
there won’t be any changes to the price? Is that correct?

President Wilshire

That’s the — what did he call it? Guaranteed Maximum Price.

Steve Bolton, City Counsel

Madam President, | can probably answer that. Right now you’ve got a contract which calls for a price that
we won't go over. That can be amended by change order in the future as well. So if something is found
that needs to be corrected that no one currently knows about, it could be that there will be a further change
order that adds $10,000.00 or $20,000.00 or whatever number. So it is guaranteed in this contract, but it
does not mean that this contract can’t be amended to include additional work that is not now anticipated.

Alderwoman Lu

Just a follow up, it has been my understanding, so when we enter a contract with, when we enter a contract
for work for the City, we don’t necessarily know what the true price will be?

Board of Aldermen 8-11-2020 Page 10

Attorney Bolton

As with any contract, it can be amended over time. Construction contracts are complex and certainly
renovations are even more complex than new construction. And we’ve got a contractor, actually we have
several trade contractors agreeing to do certain work for certain prices. Those all get added up, our
construction manager adds their fee, a certain amount of continency for odds and ends and that becomes
the guaranteed maximum price under the contract as it exists. It is not unlikely that in the course of doing
the work that the contractor has agreed to do something is discovered that requires additional work that the
contractor has not yet agreed to do. But once we discover that, we may decide that is better to address it
now than later or we may essentially have little to no choice if not addressing that additional work would be
a violation of building code. If that happens and we are requiring a contractor to do extra work, extra work
begets extra pay. So we may well be in a position to negotiate how much to pay for that extra work. So if
we agree to modify the contract, to amend the contract, we may, in fact, be paying more. Sometimes, |
would say less often, the reverse can be true. Something you think needed to be corrected when you enter
into the contract, once you start removing walls and floors and ceiling tiles, you find out that something that
you thought needed to be corrected and the contractor has agreed for a price to correct that, you find out —
Woah, we don’t need to have that done, it’s in better shape that we thought it was, in which case the
change order can come along that reduces the guaranteed maximum price. So it’s possible to amend a
contract in either direction; to remove work or to add work and that can be expected if you are adding work
it costs more, if you are removing work you can expect it to cost less.

President Wilshire
Are you all set Alderman Lu?
Alderwoman Lu

Yes thank you. Just a comment that it is surprising to learn that before the work begins a contractor wants
to reduce the guaranteed maximum, that’s all. But thank you for your concise explanation Attorney Bolton.

Attorney Bolton

Yeah | can answer that too. At the time that we enter into a contract with a construction manager, the
construction manager, the design professional are estimated what areas of the work might cost. The
guaranteed maximum price generally is set after bids have come in from all the trade contracts. So you get
a bid from your electrical contractor and a bid from your mechanical contractor, a bid for the framing and
roofing and a bid for the electrical wiring. And as | say you add all that up. One of the jobs of the
construction manager is to assist us in that process of bidding out the segment of the work to the various
trade contractors. So in the construction management form, this is very typical. The contract is based on
an estimate to begin with and then the guaranteed maximum price is set after the construction manager
has already performed some of its duties.

President Wilshire

Ok so the motion before us to accept, place on file and approve the guaranteed maximum price by Martini
Northern by roll call. Any further discussion? Alderman Jette.

Alderman Jette

Yeah | just want to say | mean | don’t take any great pleasure in being a road block on these things; | take
my job seriously. | mean | appreciate Alderman Tencza’s pointing out that there was a Memo written on
July 27" on this. And it included 21 pages | think of amounts of details. | didn’t, maybe it is my fault, |
didn’t expect that we would be voting on this tonight, | thought it would be referred to a Committee. | mean
our rules, you know Section 5-19 of the Nashua Revised Ordinances says that every Ordinance Order or