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Board of Aldermen 05-25-2021 Page 20

What we have proposed here is that if our officers, on a voluntary basis, when they take their annual physical
fitness test wish to take the incentive program and can score at an 80" percentile or higher, they would get a
wellness day off; or the 90" percentile or higher, they would be entitled to two wellness days off. The benefit to
the days off are 1) they cannot take them on any major holidays and 2) they can be denied by administration if
they incur overtime. And as | said before, it is totally on a voluntary basis but wellness promotes good physical
health, promotes good mental health, promotes longevity and retention in this field and also cuts down on
absenteeism. I'll entertain any questions or can go into more depth if anyone would like.

President Wilshire

Does anyone have questions? | don’t see anyone.
Deputy Chief Testaverde

Thank you.

Chairman Dowd

Thanks Deputy Chief.

President Wilshire

The motion before us is for final passage of Resolution 21-132. If there’s no further discussion, would the
Clerk please 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 15

Nay: 0
MOTION CARRIED
Resolution R-21-132 declared duly adopted.

R-21-134
Endorsers: Mayor Jim Donchess
Alderman Richard A. Dowd
Alderman-at-Large Michael B. O’Brien, Sr.
Alderman Linda Harriott-Gathright
Alderman-at-Large Lori Wilshire
RELATIVE TO THE SUPPLEMENTAL APPROPRIATION OF $30,000 OF UNANTICIPATED REVENUE
INTO DEPARTMENT #160 “PUBLIC WORKS ADMINISTRATION & ENGINEERING”
Given its second reading;

MOTION BY ALDERMAN O’BRIEN FOR FINAL PASSAGE OF R-21-134, BY ROLL CALL

Board of Aldermen 05-25-2021 Page 21

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 15

Nay: 0
MOTION CARRIED
Resolution R-21-134 declared duly adopted.

R-21-135
Endorser: Mayor Jim Donchess
AUTHORIZING A FIRST AMENDMENT TO PURCHASE AND SALE AGREEMENT FOR REAL
PROPERTY LOCATED AT 141-143 BURKE STREET (MAP 11, LOT 158)
Given its second reading;

MOTION BY ALDERMAN TENCZA FOR FINAL PASSAGE OF R-21-135, 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 Laws,
Alderman Cleaver, Alderwoman Harriott-Gathright, Alderman Wilshire 15

Nay: 0
MOTION CARRIED
Resolution R-21-135 declared duly adopted.

R-21-136
Endorsers: Mayor Jim Donchess
Alderman-at-Large Lori Wilshire
Alderman-at-Large Michael B. O’Brien, Sr.
Alderman Jan Schmidt
Alderman Patricia Klee
Alderman Linda Harriott-Gathright
Alderman-at-Large Lori Wilshire
AUTHORIZING DEVELOPER AGREEMENT WITH PAYMENT IN LIEU OF TAXES (PILOT) FOR
BRONSTEIN REDEVELOPMENT
Given its second reading;

MOTION BY ALDERMAN SCHMIDT FOR FINAL PASSAGE OF R-21-136, BY ROLL CALL

Board of Aldermen 05-25-2021 Page 22

ON THE QUESTION
President Wilshire

| would also just like to note that there was a favorable recommendation on this Resolution from the Board of
Public Works. Is there discussion on the motion for final passage? Seeing none, would the Clerk please 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 15

Nay: 0
MOTION CARRIED
Resolution R-21-136 declared duly adopted.

R-21-140
Endorsers: Mayor Jim Donchess
Alderman Richard A. Dowd
Alderman-at-Large Michael B. O’Brien, Sr.
Alderman Linda Harriott-Gathright
Alderman Skip Cleaver
Alderman Thomas Lopez
Alderwoman Elizabeth Lu
AUTHORIZING THE CITY OF NASHUA TO ENTER INTO A CONTRACT WITH THE TOWN OF
MERRIMACK FOR TRANSIT SERVICES
Given its second reading;

MOTION BY ALDERMAN HARRIOTT-GATHRIGHT FOR FINAL PASSAGE OF R-21-140, 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 Laws,
Alderman Cleaver, Alderwoman Harriott-Gathright, Alderman Wilshire 15
Nay: 0
MOTION CARRIED

Resolution R-21-140 declared duly adopted.

Board of Aldermen 05-25-2021 Page 23

R-21-144
Endorsers: Mayor Jim Donchess
Alderman Jan Schmidt
Alderman Richard A. Dowd
Alderman-at-Large Michael B. O’Brien, Sr.
Alderman Linda Harriott-Gathright
Alderman Thomas Lopez
Alderman-at-Large Lori Wilshire
AUTHORIZING THE PURCHASE OF PROPERTY LOCATED AT “L” PINE STREET (MAP 77, LOT 5)
Given its second reading;

MOTION BY ALDERMAN LOPEZ FOR FINAL PASSAGE OF R-21-144, BY ROLL CALL
ON THE QUESTION

President Wilshire

The motion is for final passage by roll call. Discussion that motion?

Alderman Jette

Thank you Madam Chairman. So this Resolution is regarding the land, it is located just south of the Nashua
River, north of the cove, kind of west of the mill yard property. And it has a radio antenna on it. So this was
reviewed by the Planning & Economic Development Committee, | think the Planning Board and maybe another
Committee who are all recommending final passage. It is a purchase and sale agreement. This Resolution
authorizes the Mayor to enter into a Purchase & Sale Agreement for the purchase of that land at a price of
$325,000.00. There’s a companion Resolution which is R-21-145 which has been referred to the Budget
Review Committee but there’s a Public Hearing scheduled for | think it is June 1°, next week regarding that.
That Resolution authorizes the transfer of $325,000.00 from bond money that was left over from the Broad
Street Parkway and repurposing it for this purpose.

It makes sense to me that rather than passing this tonight, we ought to wait until the public has an opportunity
to express any opinions it may have at the Public Hearing and then that the Budget Review Committee
reviews whether or not to recommend the transfer of the money. Then that would be ready for us to pass at
our next meeting which would be June 8. Until that happens, we don’t really have the money to pay for this
Purchase & Sale Agreement. | talked to Director Cummings and he said he would have no objection to
postponing this to allow for the Public Hearing and then take it up at our next meeting of June 8".

MOTION BY ALDERMAN JETTE TO POSTPONE THIS UNTIL THE NEXT BOARD OF ALDERMEN
MEETING OF JUNE 8, 2021 BY ROLL CALL

ON THE QUESTION

President Wilshire

Is that being seen as a motion to table Attorney Bolton?
Steve Bolton, Corporation Counsel

| think that would actually be classified as a motion to postpone to a time certain that is debatable but only as
to when the appropriate time is.

President Wilshire

OK discussion on that motion? Alderman Tencza.

Board of Aldermen 05-25-2021 Page 24

Alderman Tencza

Madam President, |’ll just say my recollection of discussion of this in Committee was that in going forward with
the Purchase & Sale it would allow the City to do some due diligence on the property now before the money
was approved. | don’t doubt that Alderman Jette had that conversation with Director Cummings, but we could
still pass this tonight. We would enter into the Purchase & Sale, I'll defer to Attorney Bolton or maybe ask
Attorney Bolton, | don’t believe there are any damages that the City would incur if for one reason or another we
had to pull out of the Purchase & Sale of this land in the future, correct?

Attorney Bolton

None that | know of, it’s always possible, but | don’t think it is a major concern. | think if the desire is to
purchase this property that can readily be accomplished, we are hardly down to our $300,000.00.

President Wilshire

So the motion is to postpone to our next meeting. Any further discussion on that motion. Seeing none would
the Clerk please call the roll?

A viva voce roll call was taken which resulted as follows:
Yea: Alderman Klee, Alderwoman Kelly,

Alderman Caron, Alderwoman Lu,
Alderman Jette, Alderman Laws,

6
Nay: Alderman O’Brien, Alderman Dowd, Alderman Clemons, Alderman Lopez,
Alderman Tencza, Alderman Schmidt, Alderman Cleaver,
Alderman Harriott-Gathright, Alderman Wilshire 9

MOTION FAILED
President Wilshire

The motion before us is for final passage. Is there more discussion on the motion for final passage? Seeing
none, would the Clerk please call the roll?

A viva voce roll call was taken which resulted as follows:
Yea: Alderman O’Brien, Alderman Klee, Alderman Dowd, Alderman Caron,
Alderman Clemons, Alderman Lopez, Alderman Tencza,
Alderman Schmidt, Alderman Laws, Alderman Cleaver,
Alderwoman Harriott-Gathright, Alderman Wilshire 12
Nay: Alderwoman Lu, Alderman Jette, Alderwoman Kelly 3
MOTION CARRIED
Resolution R-21-144 declared duly adopted.
President Wilshire

Can | ask who abstained from voting?

Board of Aldermen 05-25-2021 Page 25

City Clerk Lovering

Alderwoman Kelly

President Wilshire

Can | ask why?

Alderwoman Kelly

| tried to ask a question and | was not recognized.
President Wilshire

You can’t abstain if you don’t have a conflict, I’m sorry | didn’t see you, you could have spoken up.
Alderwoman Kelly

I’m speaking up now.

President Wilshire

You can’t abstain if you are here.

Alderwoman Kelly

Then my vote is “no”.

President Wilshire

OK.

City Clerk Lovering

You have 12 yeas and 3 nays.

UNFINISHED BUSINESS — ORDINANCES

O-21-061
Endorsers: Alderman Thomas Lopez
Alderman Richard A. Dowd
Alderman Patricia Klee
CHANGING THE LOCATION OF THE HANDICAPPED PARKING SPACE ON WATER STREET
Given its second reading;

MOTION BY ALDERMAN LOPEZ TO AMEND O-21-061 BY REPLACING IT WITH THE GOLDENROD
COPY OF AMENDMENTS RECOMMENDED AT THE COMMITTEE ON INFRASTRUCTURE, BY ROLL
CALL

ON THE QUESTION

And I'd like to speak to it.

Board of Aldermen 05-25-2021 Page 26

President Wilshire

Alderman Lopez.

Alderman Lopez

So | don’t think there’s an actual goldenrod, | think we are all using digital here. But the gist of the changes
that we made and Alderman Jette can probably elaborate a little bit because he’s the one who spotted it. The
Legislation didn’t exactly target the space that needed to be moved so they were amending it after the meeting
in order to make sure that the correct space was being moved. There was the conclusion, however, that they
could move the space anyway, because we empowered the Mayor to make adjustments as needed due to the
downtown parking barriers. And the reason why this is particularly important is because we need to make sure
we opened up a space where it was needed by a restaurant that is opening. So Alderman Jette if you have
any comments on that you'd like to add?

Alderman Jette
If | may, Madam Chairman?
President Wilshire
Alderman Jette?
Alderman Jette
So during our discussion it was pointed out to us by the new owner of the Sub Zero Ice Cream Shop on the
corner of Water and Main Street that the handicap spots are actually on a severe incline. Alderman Lopez
also noted that that was not the best place for a handicap spot that it would be better to be a more level area.
And also Mr. McCabe from Sub Zero pointed out that there is a hydrant there. So if the space were put right in
front of the hydrant, the next space available beyond the 15 feet from the hydrant where you can’t park, it
would make the spot more accessible to people using that handicap spot. So that’s where we moved it to, it’s
the first spot east of the hydrant. Thank you.
President Wilshire
So the motion is to amend Ordinance 21-061. Is there further discussion on that motion?
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 15

Nay: 0

MOTION CARRIED

Board of Aldermen 05-25-2021 Page 27
MOTION BY ALDERMAN LOPEZ FOR FINAL PASSAGE OF O-21-061 AS AMENDED, 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 Laws,
Alderman Cleaver, Alderwoman Harriott-Gathright, Alderman Wilshire 15

Nay: 0
MOTION CARRIED
Ordinance O-21-061 declared duly adopted as amended.

NEW BUSINESS — RESOLUTIONS

R-21-146
Endorser: Alderman-at-Large Lori Wilshire
Alderman Richard A. Dowd
Alderman Skip Cleaver
Alderman Patricia Klee
Alderman-at-Large Michael B. O’Brien, Sr.
Alderman Linda Harriott-Gathright
AUTHORIZING PENNICHUCK CORPORATION AND PENNICHUCK EAST UTILITY, INC. TO ENTER
INTO A TERM LOAN WITH COBANK, ACB
Given its first reading; assigned to the PENNICHUCK SPECIAL WATER COMMITTEE, by President Wilshire

R-21-147
Endorsers: Alderman Ernest Jette
Alderman Patricia Klee
Alderwoman Elizabeth Lu
Alderman Linda Harriott-Gathright
Alderwoman Elizabeth Lu

AUTHORIZING THE CONVEYANCE OF DISCONTINUED PORTIONS OF (OLD) GROTON ROAD

Given its first reading; assigned to the COMMITTEE ON INFRASTRUCTURE, NASHUA PLANNING BOARD,
and SCHEUDLE A SPECIAL BOARD OF ALDERMEN PUBLIC HEARING ON WEDNESDAY, JUNE 23, 2021,
AT 7:00 P.M., by President Wilshire

Alderman Dowd

Yes, I’d like to suspend the rules as to introduce a first reading of Ordinance R-21-148 that | received this
afternoon from Legal. | will read the — | think everyone was sent a copy. If you’d like | can read it and then talk
to it.

President Wilshire

Sure.

MOTION BY ALDERMAN DOWD TO SUSPEND THE RULES TO ALLOW FOR A FIRST READING OF R-
21-148 BY ROLL CALL

Board of Aldermen 05-25-2021 Page 28
ON THE QUESTION
Alderman Dowd

So the Resolution is R-21-148, Authorizing the acquisition of a portion of property at 44 Buck Meadow Road,
Tax Map C, Lot 25, City of Nashua. In the year 2021 resolved by the Board of Aldermen of the City of Nashua
that the Mayor is authorized to purchase a portion of the property located at 44 Buck Meadow Road, Tax Map
C, Lot 25, shown as the area of acquisition on the attached plan for consideration on terms to be mutually
agreed upon by the City and the sellers. Further resolved by the Board of Aldermen of the City of Nashua that
the Mayor will assist the Office of Corporation Counsel and is authorized to prepare and execute all necessary
documents related to such purchase. Funds for the new purchase will come from Fund 5800, School Capital
Project Fund, Project New Middle School, Account 81600 Land.

The analysis reads, This Resolution would authorize the City to acquire a portion of the property at 44 Buck
Meadow Road for consideration and on terms to be negotiated with the sellers. This is the same parcel which
is before the Board on Petition for Street Layout in a parallel process to the Layout Petition the City reached
out to the owners of the parcel in an attempt to negotiate a direct purchase in lieu of taking for the land
necessary for the new road. This Legislation authorizes such a direct purchase on terms to be mutually
agreed upon and approved by the Board of Aldermen. Funds for the purchase will come from Fund 5800
School Capital Projects Fund, New Middle School Account 81600 Land. Chapter 77 provides the Planning
Board will review and make recommendations to the Mayor and the Board of Aldermen on the purchase and
the sale of any land on the City.

We have had unexpected successful negotiations with the owners of this property. This is the last little piece
that connect the land that we bought previously with the school property. It’s a very small lot and we weren’t
sure whether we would be successful in purchasing it but it looks like we are at a very reasonable price and we
have a meeting with them tomorrow. Attorney Leonard suggested that we get this in front of the Board for its
first reading. We are not passing anything tonight, we are not authorizing anything tonight. | am going to
presume that the President will send it to Infrastructure and to the Planning Board where we will get

recommendations back. By the time it goes to Infrastructure we will have all of the details. If anybody has any
questions | could address them.

President Wilshire
Well the motion is to suspend the rules.
Alderman Dowd
OK.
President Wilshire
Would the Clerk please 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 15
Nay: 0

MOTION CARRIED

Board of Aldermen 05-25-2021 Page 29

R-21-148
Endorsers: Alderman Richard A. Dowd

Alderman Thomas Lopez
Alderman-at-Large Michael B. O’Brien, Sr.
Alderman Jan Schmidt
Alderman-at-Large Ben Clemons
Alderman Linda Harriott-Gathright
Alderman Skip Cleaver
Alderman Patricia Klee
Alderwoman-at-Large Shoshanna Kelly
Alderman-at-Large Brandon Michael Laws

AUTHORIZING THE ACQUISITION OF A PORTION OF PROPERTY AT 44 BUCKMEADOW ROAD, TAX

MAP C, LOT 25

Given its first reading; assigned to the COMMITTEE ON INFRASTRUCTURE and PLANNING BOARD

NEW BUSINESS — ORDINANCES

O-21-064
Endorser: Aldermen Thomas Lopez
Alderman-at-Large Ben Clemons
Alderman Richard A. Dowd
Alderman Jan Schmidt
Alderman Patricia Klee
Alderwoman Elizabeth Lu
Alderman Linda Harriott-Gathright
Alderman Skip Cleaver
AUTHORIZING A “POLICE PARKING ONLY” PARKING SPACE ON ASH STREET
Given its first reading; assigned to the COMMITTEE ON INFRASTRUCTURE, by President Wilshire

O-21-065
Endorsers: Alderman-at-Large Ben Clemons
Alderman-at-Large Brandon Michael Laws
Alderman Richard A. Dowd
Alderman Jan Schmidt
Alderman Linda Harriott-Gathright
Alderman-at-Large David C. Tencza
Alderman Patricia Klee
Alderman Tom Lopez
Alderman-at-Large Michael B. O’Brien, Sr.
Alderwoman Elizabeth Lu
Alderwoman-at-Large Shoshanna Kelly
RESCINDING THE FACE COVERING ORDINANCES