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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

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.

Board of Aldermen 01-11-2022 Page 3

Laura Colquhoun

It’s on the agenda.

President Wilshire

We're not acting on it. It’s going to be sent to a committee where they will act on it.

Laura Colquhoun

Okay. When is going to be acted on? It’s on the agenda.

President Wilshire

Ms. Colquhoun it has to go to a committee before it would be acted on by the Board.

Laura Colquhoun

Well if it’s on the agenda, I’m allowed to talk about it.

President Wilshire

We're not taking action on it.

Laura Colquhoun

I’m not asking you to take action but | want you to know how | feel.

President Wilshire

Well you can do that at the next meeting when this is taken up.

Laura Colquhoun

Allright. Thank you.

President Wilshire

Anyone else that wishes to give public comment?
Laurie Ortolano

President Wilshire are there any items that allow public comment to happen because there is nothing being acted on, is
there?

President Wilshire

No there isn’t. That’s true.
Laurie Ortolano
So | don’t know why we put it in. Just checking to see if I’m missing something. Thank you. I'll lower my hand.

President Wilshire

Thank you.

COMMUNICATIONS REQUIRING FINAL APPROVAL - None

PETITIONS - None

Board of Aldermen 01-11-2022 Page 4

NOMINATIONS, APPOINTMENTS AND ELECTIONS - None

REPORTS OF COMMITTEE

Finance Committee ... 0.00. e cece cece eee cease sees eens sae eeaeee vanes eedee eae aeaene nan eenas 12/15/2021

There being no objection, President Wilshire declared the report of the December 15, 2021 Finance Committee be
accepted and placed on file.

CONFIRMATION OF BOARD OF ALDERMEN AND MAYOR’S APPOINTMENTS - None

UNFINISHED BUSINESS — RESOLUTIONS - None

UNFINISHED BUSINESS — ORDINANCES - None

NEW BUSINESS —- RESOLUTIONS

R-22-001
Endorsers: Alderman Richard A. Dowd
Alderman Patricia Klee
Alderman-at-Large Melbourne Moran, Jr.
Alderman Thomas Lopez
Alderwoman-at-Large Shoshanna Kelly
Alderwoman-at-Large Gloria Timmons
Alderman-at-Large Lori Wilshire
APPROVING THE COST ITEMS OF A COLLECTIVE BARGAINING AGREEMENT BETWEEN THE NASHUA
BOARD OF EDUCATION AND THE NASHUA ASSOCIATION OF SCHOOL ADMINISTRATORS AND
SUPERVISORS, AMERICAN FEDERATION OF SCHOOL ADMINISTRATORS, AFL-CIO FROM JULY 1, 2021
THROUGH JUNE 30, 2024 AND RELATED TRANSFERS
Given its first reading; Assigned to the BUDGET REVIEW COMMITTEE by President Wilshire

R-22-002
Endorsers: Mayor Jim Donchess
Alderman Ernest A. Jette
Alderman Patricia Klee
Alderman Alex Comeau
Alderman Tyler Gouveia
AUTHORIZING THE EXPENDITURE OF $1,810 FROM THE CONSERVATION FUND
Given its first reading; Assigned to the BUDGET REVIEW COMMITTEE by President Wilshire

R-22-003
Endorsers: Mayor Jim Donchess
Alderman-at-Large Michael B. O’Brien, Sr.
Alderman Patricia Klee
Alderman-at-Large Melbourne Moran, Jr.
Alderwoman-at-Large Shoshanna Kelly
Alderman Derek Thibeault
Alderman John Sullivan
Alderman-at-Large Lori Wilshire
RELATIVE TO THE ACCEPTANCE OF UP TO $150,000 FROM THE NATIONAL ENDOWMENT FOR THE ARTS,
AMERICAN RESCUE PLAN (“ARP”) FUNDS INTO ECONOMIC DEVELOPMENT GRANT ACTIVITY “GRANTS TO
LOCAL ARTS AGENCIES”
Given its first reading; Assigned to the HUMAN AFFAIRS COMMITTEE by President Wilshire

NEW BUSINESS - ORDINANCES

Board of Aldermen 01-11-2022 Page 5

O-22-001
Endorsers: Alderman-at-Large Lori Wilshire
Alderman-at-Large Michael B. O’Brien, Sr.
Alderman-at-Large Melbourne Moran, Jr.
Alderwoman-at-Large Shoshanna Kelly
Alderman Alex Comeau
Alderman Tyler Gouveia
Alderman Derek Thibeault
Alderwoman-at-Large Gloria Timmons
Alderman Richard A. Dowd
DISSOLVING THE SUBSTANDARD LIVING CONDITIONS ALDERMANIC SPECIAL COMMITTEE
Given its first reading; Assigned to the PERSONNEL/ADMINISTRATIVE AFFAIRS COMMITTEE by President Wilshire

O-22-002
Endorsers: Alderwoman-at-Large Shoshanna Kelly
Alderman-at-Large Ben Clemons
Alderwoman-at-Large Gloria Timmons
ALLOWING ALDERMEN PARTICIPATING IN MEETINGS THROUGH VIDEO TELECONFERENCING TO BE THE
PRESIDING OFFICER AND CONDUCT THE MEETING
Given its first reading; Assigned to the PERSONNEL/ADMINISTRATIVE AFFAIRS COMMITTEE by President Wilshire

PERIOD FOR GENERAL PUBLIC COMMENT

Laurie Ortolano

Hi. My name is Laurie Ortolano. | live at 41 Berkley Street. | finished a Right-to-Know lawsuit regarding Nashua’s
assessing records in December in Superior Court. One of the challenges involved the records return by the contracted
appraisal company responsible for creating the 2018 assessments. The contract signed by the city and the company is a
boilerplate document development by the DRA and widely used by municipalities around the State. The contract calls for
all documents and property record cards used to create the new values be returned to the city when the contract ends. |
filed a Right-to-Know to inspect these documents and was denied by the city under 91-A exemption for draft material and
confidential information. | contacted many Chiefs throughout the State, the DRA, and attended Assessing Standards
Board meeting in Concord. | questioned everyone on the confidentiality and draft nature of the information. Not one
person backed Nashua’s decision to make those records exempt from public disclosure. | wrote back to the city three
times presenting a new argument each time on the importance of these materials being public. These records provided
an audit trail for the work done by the hired company and allowed a property owner to verify that Nashua created equity in
these new assessments.

After three months of denials, | added this to my lawsuit. | then wrote formal Right-to-Know requests to four towns to
request to inspect the records returned by their hired appraisal companies. Unlike Nashua, my requests were answered
in a matter of hours. One request — this was the Town of Moultonborough where | own a home. Chief Hughes who
served as the Director for the DRA invited me up to inspect these records expounding that they are your records. Chief
Michaud from Hudson granted written access to the records and the Wolfeboro assessing clerk also welcomed me up to
inspect the records. | finally contacted the assessor in Littleton, New Hampshire. Why did | pick Littleton? Because the
Littleton assessing office is contracted to KRT. The same company we hired to do our 2018 assessment. The contract
language for the return data was identical and KRT did the same type of 2018 update as was done in Nashua. When |
called the Littleton assessing Chief Dorcette from KRT, | wondered how far my reputation reached. Mr. Dorcette
immediately stated that these records if we still have them available are public records and affirmed his remarks in writing.
Why did Nashua deny...

Donna Graham, Legislative Affairs Manager

30 second.
Laurie Ortolano
When Ms. Kleiner was placed as Acting Chief of the Assessing office, | objected strongly. She did not have the skillset to

be qualified for such a technical position. Ms. Kleiner assured the Board that she would consult with Chiefs around the
State to verify that her work was compliant. In December under cross examination in court, Ms. Kleiner stated that she

Board of Aldermen 01-11-2022 Page 6

never spoke with any other State experts about the public nature of these records. Had | lived in any other place in New
Hampshire, | would have had access to these records.

Donna Graham, Legislative Affairs Manager

Your time is up.

Laurie Ortolano

Ms. Kleiner deliberately acted to shut down — I’m on one sentence — the audit trail that allowed me to verify my property
assessment and defend it in court as well as KRT’s work. The matter is now in the hands of the Judge and should not be.

This was a needless, costly legal challenge...

President Wilshire

Okay, your time is up Ms. Ortolano.
Laurie Ortolano

Okay, | ran 15 seconds. Seriously? Nobody is here to talk. Seriously Ms. Wilshire? | wish somebody else had picked a
new President. Fifteen seconds.

President Wilshire

Anyone else from the public wishes to give comment? Seeing no one.
Committee announcements:

Alderman Moran

Just announcing that there’s no business next for the Planning and Economic Development Committee so we'll be
cancelling that meeting on Wednesday.

President Wilshire

Thank you. Anyone else? Seeing none.
REMARKS BY THE MEMBERS OF THE BOARD OF ALDERMEN

Alderman Thibeault

Yeah | just want to say thank you to everybody that’s been helping me over the last couple of months. I’ve been coming
to these meetings and | think most everybody that’s here, including former Aldermen and Alderwomen, have helped me
out and | think that’s great. It’s a lot to learn. | take this responsibility of being part of this group serious. | really thank
everybody and look forward to doing great work for the city this year with all of you guys. Thank you.

Alderman Lopez

| just wanted to make a comment relative to something that the Mayor had mentioned and just bring it to the public’s
attention. In order to support the hospitals, one thing that you can do is contact the United Way. They are looking for
volunteers in non-critical areas such as door greeters. So there are some things that you can do. The United Way is
organizing (inaudible) effort. | would just urge the public to be considerate of their healthcare workers who are likely doing
triple and quadruple times normal amount of work that they were trained to do and be sensitive to what they're seeing
every day. Thank you.

Alderman Klee

Thank you Madam President. | want to welcome all the new Board members. I’m looking forward to working with you for
the next two years.