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Board of Aldermen 5-26-2020 Page 7

From: Matt Sexton
Re: Face masks

There being no objection, President Wilshire accepted the communications and placed them on file.
President Wilshire

Alderman Klee?
Alderman Klee

Thank you very much. Madam President, there is one communication there for Mrs. Laurie
Ortolano relative to the pandemic muzzling. I’d like to either have it be resubmitted with signature
from the sender or to make note that Mrs. Ortolano said that she, in fact, was the author of the blog
that she referenced.

President Wilshire

OK, well | move to accept all communications and place them on file except for that one.
Alderman Klee

Thank you very much, | appreciate that.

President Wilshire

You're welcome.

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

The public has access to contemporaneously listen in to this meeting through dialing the
following number 978-990-5298 and using the password 273974. The Public may also view this
meeting on Comcast Channel 16.

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

You may also submit your comments via e-mail which will be accepted and placed on file with the
minutes of the meeting. Please e-mail yourcomments to: BOA@nashuanh.gov

President Wilshire

Alderman Jette?

Alderman Jette

So as | understand it, the correspondence that was referred to by Alderman Klee, you were asking if there
was no objection that all of that list of correspondence that you read would be accepted and placed on file

and the reading waived. Alderman Klee objected so there’s an objection, so if | could ask Attorney Bolton,
does that mean that the proper step now is to vote on whether or not to accept that communication?

Board of Aldermen 5-26-2020 Page 8

Attorney Bolton

The way | recall what occurred, the Clerk read all of the communications and before the President did
anything, Alderman Klee raised some concerns about one of those communications. The President
indicated that she would exclude that from the ones she would accept and place on file. She has indicated
that all of the others, unless there’s an objection, would be accepted and placed on file. | think the
appropriate thing at this point in time, is that if anyone has objections to any of the other communications
they be raised. If not, there is one communication that is still unaddressed. So people could, any member
of the Board could move that be accepted, could move that anything else be done with it, it could be
referred to a Committee. It could be responded to in an appropriate way. But before you now is the
President’s indication that she will accept and place on file all of the other communications. So the most
immediate thing facing you is whether anyone objects to any of those communications.

Alderman Jette

| have no objection to any of the others. | thought you had said if there was no objection, they would all be
accepted, except the one referenced to by Alderman Klee. So | guess | would like to make a motion that
that communication also be accepted and placed on file and the reading waived.

MOTION BY ALDERMAN JETTE TO ACCEPT MRS. ORTOLANO’S COMMUNICATION BE ACCEPTED
AND PLACED ON FILE WITH THE READING WAIVED

ON THE QUESTION

President Wilshire

Further discussion on that Motion? Alderman Klee.
Alderman Klee

Thank you, Madam President. My objection to this particular is that it very specifically states, please
include this Blog, and goes on to print the Blog that was there. | believe that the Blog was, in fact, written
by Mrs. Ortolano, | asked her, the comment to the effect that it was. However, this is going into the public
record. If the public were to pick this up, they could it was nothing more than a Nashua Telegraph article,
rather than someone’s personal opinion, the person that in fact is asking for it to be there. | just want to
make sure that this communication when it goes in, anybody reading it now or in the future, understands
that this was, in fact, written by Mrs. Ortolano. It is not signed on the bottom as if it is hers. It is nowhere
said “this is my Blog” and this is why | object to it. | have no problem, once she indicates that this is her
Blog for the Public Record to have it put into the file.

President Wilshire

Do you have anything further Alderman Jette?

Alderman Jette

So if she admitted that it was hers, can’t we just note that it was from her? | mean this is just a
communication from a person in the public it doesn’t mean that anything in it is accurate or inaccurate or

true or untrue. The public has a right to communicate. | just don’t understand why we would exclude that.
But | would, | see you have your hand up so I'll wait and hear what you’ve got to say.

Board of Aldermen 5-26-2020 Page 9
Alderman Klee

Thank you very much and | don’t disagree with you Alderman Jette. The public has the right to put into the
public record any of their opinions and so on. | just want it to be noted that the opinion of the Blog is, in fact,
that of Mrs. Ortolano and that it was not a third party. It wasn’t something perhaps that was written by the
Nashua Telegraph or the Manchester Union or any other, even a third-party Blog. | very specifically asked
her who is the author of this. Her comment to me, in an e-mail, was you know that it’s me. | did not know
that it was her and if it were her, | don’t understand why she didn’t specifically state, “I would like to have
my Blog put into the public record”. And that’s my objection and | apologize.

President Wilshire

Alderman Lopez and then Alderman Schmidt.

Alderman Lopez

Yeah, | just wanted to double check with Attorney Bolton’s opinion on two different questions. The first is if
we do refuse to accept the communication can we stipulate what goes in there, because it seems like this
is just Mrs. Ortolano’s comment so It should just be accepted as coming from her, regardless of its voracity.
But then the second thing is if we did either refer this to Committee or hold it until the next meeting to allow
her the chance to elaborate on it, it is still already in tonight’s Agenda, it would still be included as part of
that so as an end result she just has her comment (inaudible)?

Attorney Bolton

| think Alderman Lopez is correct in everything he said.

Alderman Lopez

Can somebody make a note of that?
Alderman Schmidt

Thank you, Madam President. Whenever somebody writes to me, | always write back. If they have not
included their name and address, | think that’s essential only because in the days before the pandemic we
had people come to speak with us who had to give us their name and their address. Very simply | don’t
think we should accept anything that comes to us unless they have identified who they are and where they
live. It is just simple rules that we have followed since | began. | don’t care if it gets includes this time or
not, it’s pretty clear that it is hers, she sent it to us. | don’t have a problem with it but | really think that we
should vet the e-mails that come to us to be assured that they are from someone in our City. Thank you.

Alderwoman Kelly
| didn’t have my hand up if that’s what you thought.
President Wilshire

Oh | thought you did, I’m sorry. Alderwoman Lu.

Board of Aldermen 5-26-2020 Page 10
Alderwoman Lu

Thank you, Madam Chairman, the way it looks to me is that a resident in Nashua who either wrote or saw
something that they feel that they would like to come to our meeting and read, they feel that it is relevant. |
don’t know that is germane to our decision whether it was her idea or someone she knows. She would like
to have read it before us and | think that’s all that matters.

Alderman Klee

Thank you, Madam President, | am willing to remove my objection as long as we make note in the record
that this Blog was, in fact, written by Mrs. Ortolano.

President Wilshire

Well it’s going to be in the minutes now because you’ve discussed it.

Alderman Klee

Fine by me, thank you very much.

Alderman Dowd

| assume that there’s not a link, that it is something that is just written in the letter. Ok because if there
were a link, | would have an objection to it because then we can’t control where the link would take public
to. | have no problem with accepting the communication as long it is indicated that the comments are from
the sender.

President Wilshire

OK, so the Motion now, Alderman Jette?

Alderman Jette

Well in view of the fact that Alderman Klee has withdrawn her objection, if | withdraw my motion, will it not
just be accepted and placed on file without objection?

President Wilshire

No, your motion is still in order because we already didn’t accept it. So your motion would be in order. The
question is to accept the communication, place it on file and suspend the reading.

A viva voce roll call was taken which resulted as follows:

Yea: Alderman O’Brien, Alderman Klee, Alderwoman Kelly, Alderman Dowd,
Alderman Caron, Alderman Clemons, Alderman Lopez, Alderman Tencza,
Alderwoman Lu, Alderman Jette, Alderman Schmidt,

Alderman Cleaver, Alderwoman Harriott-Gathright, Alderman Wilshire 1

Nay: 0

MOTION CARRIED

Board of Aldermen 5-26-2020 Page 11

COMMUNICATIONS REQUIRING FINAL APPROVAL
From: Tim Cummings, Director of Economic Development
Re: Contract Award for Professional Engineering Services related to the Nashua Downtown Riverfront
Implementation Project to Hayner/Swanson, Inc.
MOTION BY ALDERMAN HARRIOTT-GATHRIGHT TO AWARD THE CONTRACT FOR
PROFESSIONAL ENGINEERING SERVICES RELATED TO THE NASHUA DOWNTOWN RIVERFRONT
IMPLEMENTATION PROJECT TO HAYNER/SWANSON, INC. IN AN AMOUNT NOT TO EXCEED
$24,000 BY ROLL CALL
A viva voce roll call was taken which resulted as follows:
Yea: Alderman O’Brien, Alderman Klee, Alderwoman Kelly, Alderman Dowd,
Alderman Caron, Alderman Clemons, Alderman Lopez, Alderman Tencza,
Alderwoman Lu, Alderman Jette, Alderman Schmidt,
Alderman Cleaver, Alderwoman Harriott-Gathright, Alderman Wilshire 14
Nay: 0
MOTION CARRIED

From: Mayor Jim Donchess
Re: Contract for Two Year External Audit Contract with Melanson Heath

MOTION BY ALDERMAN KLEE TO AWARD THE CONTRACT FOR TWO YEAR EXTERNAL AUDIT
CONTRACT WITH MELANSON HEATH (YEAR ONE COST IS $122,500 FOR FY2020 AND $125,000
FOR FY2021 BY ROLL CALL

ON THE QUESTION

President Wilshire

Discussion on that Motion? Alderwoman Lu?

Alderwoman Lu

Thank you. | am just uncertain, what is an external audit?

President Wilshire

It is done by an outside firm, in other words, it is not internally doing, so it is an outside firm coming in to do
that audit.

Alderwoman Lu

Is this something that we do every year.
President Wilshire

Yes.

Alderwoman Lu

Thank you.

Board of Aldermen 5-26-2020 Page 12

President Wilshire
You’re welcome. Any further discussion? Seeing, none, would the Clerk please take the roll?
A viva voce roll call was taken which resulted as follows:
Yea: Alderman O’Brien, Alderman Klee, Alderwoman Kelly, Alderman Dowd,
Alderman Caron, Alderman Clemons, Alderman Lopez, Alderman Tencza,
Alderwoman Lu, Alderman Jette, Alderman Schmidt,
Alderman Cleaver, Alderwoman Harriott-Gathright, Alderman Wilshire 14
Nay: 0
MOTION CARRIED
PETITIONS - None

NOMINATIONS, APPOINTMENTS AND ELECTIONS

The following Appointments by the Mayor were read into the record:

Energy and Aggregation Committee

Robert Blaisdell (New Member Appointment) Term to Expire: May 31, 2023
24 Railroad Square
Nashua, NH 03064-2278

Lawrence Lutton (New Member Appointment) Term to Expire: May 31, 2023
47 Concord Street
Nashua, NH 03064

There being no objection, President Wilshire accepted the Appointments by the Mayor as read and
referred them to the Personnel/Administrative Affairs Committee.

REPORTS OF COMMITTEE

Human Affairs Committee... 00.0.0... cic ccc ccc cee cce cee cee cae aee verter eneteraeneueneneneners 05/11/2020

There being no objection, President Wilshire declared the report of the May 11, 2020 Human Affairs
Committee accepted and placed on file.

Budget Review Committee... ......... 0.0. etter tettt tities 05/13/2020

There being no objection, President Wilshire declared the report of the May 13, 2020 Budget Review
Committee accepted and placed on file.

Budget Review Committee... ......... 0.0. etter tttttttttttttieees 05/19/2020

There being no objection, President Wilshire declared the report of the May 19, 2020 Budget Review
Committee accepted and placed on file.

CONFIRMATION OF MAYOR'S APPOINTMENTS — None

Board of Aldermen 5-26-2020 Page 13

UNFINISHED BUSINESS — RESOLUTIONS

R-20-037
Endorsers: Mayor Jim Donchess
Alderman-at-Large Michael B. O’Brien, Sr.
Alderman Patricia Klee
Alderman June M. Caron
Alderman Linda Harriott-Gathright
Alderman Richard A. Dowd
Alderman Thomas Lopez
Alderman Skip Cleaver
AUTHORIZING THE CITY OF NASHUA TO ENTER INTO A CONTRACT WITH THE SOUHEGAN
VALLEY TRANSPORTATION COLLABORATIVE FOR TRANSIT SERVICES
Given its second reading;

MOTION BY ALDERWOMAN KELLY FOR FINAL PASSAGE OF R-20-037 BY ROLL CALL
A viva voce roll call was taken which resulted as follows:
Yea: Alderman O’Brien, Alderman Klee, Alderwoman Kelly, Alderman Dowd,

Alderman Caron, Alderman Clemons, Alderman Lopez, Alderman Tencza,

Alderwoman Lu, Alderman Jette, Alderman Schmidt,

Alderman Cleaver, Alderwoman Harriott-Gathright, Alderman Wilshire 14
Nay: 0
MOTION CARRIED
Resolution R-20-037 declared duly adopted.

UNFINISHED BUSINESS — ORDINANCES

O-20-017
Endorsers: Alderwoman-at-Large Shoshanna Kelly
AUTHORIZING FREE PARKING AT METERS AND PAY STATION SPACES THROUGH
NOVEMBER 15, 2020
(tabled at May 21, 2020 BOA mtg)

NEW BUSINESS — RESOLUTIONS

R-20-039
Endorser: Alderman-at-Large Lori Wilshire
Alderman-at-Large Michael B. O’Brien, Sr.
Alderman-at-Large David C. Tencza
Alderman Richard A. Dowd
AUTHORIZING PENNICHUCK CORPORATION AND PENNICHUCK WATER WORKS, INC. TO
ISSUE TAXABLE BONDS OF UP TO $75,000,000
Given its first reading; assigned to the BUDGET REVIEW COMMITTEE by President Wilshire

Board of Aldermen 5-26-2020 Page 14

R-20-040
Endorser: Mayor Jim Donchess
Alderman Linda Harriott-Gathright
Alderman-at-Large David C. Tencza
Alderman-at-Large Michael B. O’Brien, Sr.
Alderman Richard A. Dowd
Alderman Jan Schmidt
AUTHORIZING THE MAYOR AND CITY TREASURER TO BORROW FROM THE NEW
HAMPSHIRE DEPARTMENT OF ENVIRONMENTAL SERVICES STATE REVOLVING LOAN
FUND AN ADDITIONAL AMOUNT NOT TO EXCEED TWO MILLION FIVE HUNDRED THOUSAND
DOLLARS ($2,500,000) FOR PUMP STATION UPGRADES
Given its first reading;

MOTION BY ALDERMAN DOWD TO ACCEPT THE FIRST READING OF O-20-040 BY ROLL CALL,
ASSIGN IT TO THE BUDGET REVIEW COMMITTEE AND THE BOARD OF PUBLIC WORKS AND
THAT A PUBLIC HEARING BY THE BOARD OF ALDERMEN BE SCHEDULE FOR WEDNESDAY,
JUNE 10, 2020, AT 7:00 P.M. VIA WEBEX

A viva voce roll call was taken which resulted as follows:

Yea: Alderman O’Brien, Alderman Klee, Alderwoman Kelly, Alderman Dowd,
Alderman Caron, Alderman Clemons, Alderman Lopez, Alderman Tencza,
Alderwoman Lu, Alderman Jette, Alderman Schmidt,
Alderman Cleaver, Alderwoman Harriott-Gathright, Alderman Wilshire 14

Nay: 0
MOTION CARRIED

R-20-041
Endorser: Alderman-at-Large David C. Tencza
Alderman-at-Large Ben Clemons
Alderman Skip Cleaver
Alderman Linda Harriott-Gathright
Alderman Skip Cleaver
APPROVING THE COST ITEMS OF A COLLECTIVE BARGAINING AGREEMENT BETWEEN THE
MAYOR AND THE BOARD OF FIRE COMMISSIONERS OF THE CITY OF NASHUA, NEW
HAMPSHIRE AND LOCAL #789, INTERNATIONAL ASSOCATION OF FIRE FIGHTERS FROM JULY
1, 2019 THROUGH JUNE 30, 2023 AND AUTHORIZING A RELATED TRANSFER AND
SUPPLEMENTAL APPROPRIATION
Given its first reading;

MOTION BY ALDERMAN TENCZA TO ACCEPT THE FIRST READING OF O-20-041 BY ROLL CALL,
ASSIGN IT TO THE BUDGET REVIEW COMMITTEE AND THAT A PUBLIC HEARING BY THE BOARD
OF ALDERMEN BE SCHEDULE FOR WEDNESDAY, JUNE 10, 2020, AT 7:00 P.M. VIA WEBEX

ON THE QUESTION

Attorney Bolton

Madam President, before we get there, | think you should inquire of Alderman O’Brien if he really means to
be a sponsor of this? | think that might have been inadvertent.

Board of Aldermen 5-26-2020 Page 15
Alderman O’Brien

No there’s other people that who do have some affiliation with other people that are employed by the City,
but the thing is | thought | could (inaudible) | cannot vote on it, and | recuse myself of a vote, but | can
definitely sponsor something. | was under that impression or can you explain to me the difference between
sponsorship and actually voting in favor of something?

Attorney Bolton

| think, Alderman O’Brien, if you have a conflict, you ought to recuse yourself from any involvement in the
measure including sponsorship and including voting and advocating for.

Alderman O’Brien

Well. let us the record clear so that my constituents who have duly elected me completely understand what
the problem is. My son works for the Fire Department. He is over the age of 18, he is emancipated, he
does not live with me. And as we all know in some families, some people get along, some people don’t But
in this case, my son has no financial (inaudible) until when | die and | hope he doesn’t kill me, but the thing
is | think this is taking great affect to my constituents who do support me and expect me to do the right thing
and harboring my ability my ability to vote and speak for my constituents with this. | think it is unduly,
particularly with other members with some ties to different functions. | could see it, | always recuse myself,
my wife who was a para who worked for the School Department as much as the former President of our
Board, Brian McCarthy. Both of us recused ourselves, because it was a financial impact. But having one’s
son just as a job, there’s no financial ties and | think the flavor of that Ordinance that keeps me from doing
this | am notin favor. So under protest, | will take the advice of counsel and | will recuse myself with deep
regret and apologies to my constituents, thank you.

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 Cleaver, Alderwoman Harriott-Gathright, Alderman Wilshire 13
Nay: 0
Ms. Lovering

You have 13 yeas and one abstention (Alderman O’Brien).
MOTION CARRIED
NEW BUSINESS — ORDINANCES

There being no objection, President Wilshire suspended the rules to allow for the first reading of an
Ordinance received after the agenda was prepared.

O-20-019
Endorser: Alderwoman-at-Large Lori Wilshire
RELATIVE TO PERMITS FOR FIREWORKS DISPLAYS
Given its first reading

MOTION BY ALDERMAN O’BRIEN TO SUSPEND THE RULES FOR A SECOND READING OF O-20-019
ROLL CALL

Board of Aldermen 5-26-2020 Page 16

ON THE QUESTION

Alderman Klee

Madam President, | just want to make sure | have this. Yes this is the Ordinance relative to Bishop Guertin
displaying fireworks during their celebration of their drive-through diploma. Just for the public | just wanted
to make sure that they understand what this is, in fact, doing and that is actually a short, | think it is non-
commercial type of fireworks and Atlas will be setting those off for what the Fire Marshall...

President Wilshire

’ll get to that if we can suspend the rules.

Alderman Klee

I’m sorry, | forgot. My apologies, yes.

President Wilshire

No need to apologize. Anyone else? The Motion is to suspend the rules to allow for a second reading.
Would the Clerk call the roll?

A viva voce roll call was taken which resulted as follows:
Yea: Alderman O’Brien, 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

Ordinance O-20-019 was given its second reading;

O-20-019
Endorser: Alderwoman-at-Large Lori Wilshire
RELATIVE TO PERMITS FOR FIREWORKS DISPLAYS
Given its second reading

MOTION BY ALDERMAN O’BRIEN FOR FINAL PASSAGE OF O-20-019 BY ROLL CALL

ON THE QUESTION

Alderman O’Brien

And if | could speak to my motion?

Alderman O’Brien

Thank you. This seems to have been brought forward by the good people of Bishop Guertin in order to
assist them in celebrating in this terrible time that we are living in with the COVID-19. What they were

looking for is to be able to enhance the graduation ceremony. They are Class C fireworks; they are the ones
that people can buy. And as the good citizens of Nashua know, no one is supposed to light any fireworks off