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Board Of Aldermen - Agenda - 2/23/2016 - P34

By dnadmin on Sun, 11/06/2022 - 21:36
Document Date
Tue, 02/23/2016 - 00:00
Meeting Description
Board Of Aldermen
Document Type
Agenda
Meeting Date
Tue, 02/23/2016 - 00:00
Page Number
34
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/boa_a__022320…

Default Rate shall mean: (1) in the case of principal, 4% per annum in excess of the rate(s)
that would otherwise be in effect on the loans under the Promissory Notes and Supplements; and (2)
in the case of overdue interest, fees and other charges, 4% per annum in excess of the CoBank Base
Rate, as in effect from time to time.

Distribution shall mean the payment of any dividend or distribution of any kind to its
shareholders or other owners, whether in cash, assets, obligations or otherwise, and whether paid
directly or indirectly, such as by a reduction in or a rebate of rates or the purchase or redemption of
any equity or other securities or interests in the Company, or the purchase of any assets or services
for a price that exceeds the fair market value thereof.

Dollars and the sign “$” shall mean lawful money of the United States of America.

Enforcement Action shall mean a formal judicial or administrative proceeding filed by any
governmental authority to enforce any Law.

ERISA shall mean the Employee Retirement Income Security Act of 1974, as amended from
time to time, and the regulations and published interpretations thereof.

ERISA Plans shall have the meaning set forth in Section 4.10 of the Agreement.

Event of Default shall mean any of the events specified in Article 8 of the Agreement and
any event specified in any Promissory Note and Supplement or other Loan Document as an Event of
Default.

Financial Statements shall mean: (1) in the case of the initial Promissory Note(s) and
Supplement(s) to the Agreement, the financial statements furnished to CoBank in connection with
the initial Promissory Note(s) and Supplement(s); and (2) in the case of each other Promissory Note
and Supplement to the Agreement, the most recent annual financial statements furnished to CoBank
pursuant to Sections 5.06(A) of the Agreement.

GAAP shall mean generally accepted accounting principles in the United States.

Guarantor shall have the meaning set forth in Section 2.04(B) hereof.

Guaranty shal] have the meaning set forth in Section 2.04(B) hereof.

Indemnitees shall have the meaning set forth in Section 10.08 hereof.

Investments shall have the meaning set forth in Section 6.09 of the Agreement.

Laws shall mean all laws, rules, regulations, codes, orders and the like.

Lien shall mcan any mortgage, deed of trust, pledge, security interest, hypothecation,
assignment, deposit arrangement, cncumbrance, lien (statutory or other), or preference, priority or

other security agreement or preferential arrangement, charge or encumbrance of any kind or nature
whatsoever (including, without limitation, any conditional sale or other title retention agreement).

Page Image
Board Of Aldermen - Agenda - 2/23/2016 - P34

Board Of Aldermen - Agenda - 10/13/2020 - P20

By dnadmin on Sun, 11/06/2022 - 22:57
Document Date
Fri, 10/09/2020 - 13:58
Meeting Description
Board Of Aldermen
Document Type
Agenda
Meeting Date
Tue, 10/13/2020 - 00:00
Page Number
20
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/boa_a__101320…

prevent, mitigate, treat, or cure disease or other conditions, and, unlike a pharmaceutical or bio-
logic, achieves its purpose by physical, structural, or mechanical action but not through).

Furthermore, since a mask can easily be shown to have a negative impact on bodily functions in

3 ways: (1) with a finger oximeter that will show blood oxygen levels will drop, (2) with an OSHA
meter that measures O2 & CO2 levels that is in the area where one is breathing and (3) with blood
pressure readings taken before and after a period of time with a mask, the mask has consequences
to the health of any individual and therefore should only be prescribed by a medical doctor that
has evaluated a person for their ability to safely wear said medical device.

Ordering universal mask use can be said to be practicing medicine without a license which is

not legal. Additionally, OSHA has standards and regulations regarding mask use in the work-
place. The standards require that a person needs to be medically evaluated before a mask can be
worn, For more information on OSHA standards on PPE see https://m.youtube.com/watch? fea-
ture=youtu.be&fbclid=IwAROGKfIn0Qp YceA-NGmXJNZ-WwsR3 YQbRVUrLUTdAluW V_qw-
J4TSYe6nU4U &v=KeovvuviAJM#menu. Aside from these legal issues is the question of whether
an ordinance not passed by a legislative body can be legally enforced. And lastly there are issues as
to whether a mask mandate goes against our constitutional and civil rights.

What about the liability issues with a mask policy?

You may be concerned about the liability issues of someone who acquires Covid-19 and claims
they got in in your shop or business if you don’t have a mask policy. Such a lawsuit would have
no merit as there would be no way to prove the causation of a person’s illness. On the other hand,
if you have a universal mask policy, you could be deemed liable if the mask causes harm to one
of your patrons or employees. Short term use of a mask can cause a person to become dizzy and
faint. If this happens and the person injures themselves on your premises and you have a manda-
tory mask policy, you could be legally liable.

There are also health issues that can be caused by prolonged wearing of a mask. This is because
the mask will collect germs that are being exhaled. The warm moist interior surface of the mask
will then act as a petri dish and multiply these germs. Rebreathing these bacteria and viruses can
cause illness to the mask wearer. Some medical conditions that can be caused by prolonged mask
wearing include, but are not limited to: pleurisy, bronchitis, Legionnaires’ Disease, collapsed lung,
impetigo, staph infections, heart attacks and even Covid. If you are requiring employees to wear

a mask and they develop a medical condition that can be attributed to the forced mask wearing,
you could be found liable for their medical problems.

At this point, you may want to argue that medical doctors wear masks
all day. Until recently they were not frequently used outside of surgery or dental offices. They
are actually called surgical masks because they were designed to be used in surgery to stop spittle
from the medical staff from contaminating an open sterile surgical site. Surgery takes place ina
controlled, air-conditioned environment. In addition, extra oxygen is pumped into the room to
compensate for the mask wearing. Surgeons are trained to wear masks, know not to touch them
and change them frequently. When they are used in a doctor's office, they are changed between
each patient encounter to avoid cross contamination. The pores on both surgical masks and N95

Page Image
Board Of Aldermen - Agenda - 10/13/2020 - P20

Board Of Aldermen - Agenda - 10/13/2020 - P21

By dnadmin on Sun, 11/06/2022 - 22:57
Document Date
Fri, 10/09/2020 - 13:58
Meeting Description
Board Of Aldermen
Document Type
Agenda
Meeting Date
Tue, 10/13/2020 - 00:00
Page Number
21
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/boa_a__101320…

masks are too large to stop a virus which is only 0.1 microns in size. Cloth masks have even larger
pores. These masks were never designed to stop viral transmission and requiring untrained per-
sons to wear a mask can have unintended consequences.

Some other things to consider:

1) Deaf and hard of hearing persons lose the ability to communicate when they can't
read lips.

2) Veterans, rape victims and others with PTSD cannot wear a mask without serious
psychological effects and may also be triggered emotionally when they see others wearing masks.
3) Masks hide faces and make it harder to identify persons committing crimes.
Shoplifting becomes easier. And heaven forbid, a child is abducted in your establishment, even
with video footage, it would be difficult to identify the perpetrator.

4) And lastly masks hide smiles, a normal human emotion. A smile is contagious and
promotes a sense of wellbeing. A lack of smiles can create an atmosphere of fear and anger. If an
establishment has a required mask policy, some patrons believe they have the right to confront
and intimidate others with no masks. This can put the safety of all at risk and has even escalated
to gun fire on at least two occasions so far.

In closing I would iike to implore you to take all these points into
consideration. Are your citizens, customers and/or employees going to be safer and healthier
with the mask policy you choose to go with? Is the policy going to lead to a positive or negative
environment? Are you following science or just kowtowing to the fear mongering that is currently
sweeping our country? A report with links to scientific studies, medical experts and news articles
relating to mask wearing is included along with this handout for further information.

~ Written by a member of #healthfreedomNH

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Board Of Aldermen - Agenda - 10/13/2020 - P21

Board Of Aldermen - Agenda - 10/13/2020 - P22

By dnadmin on Sun, 11/06/2022 - 22:57
Document Date
Fri, 10/09/2020 - 13:58
Meeting Description
Board Of Aldermen
Document Type
Agenda
Meeting Date
Tue, 10/13/2020 - 00:00
Page Number
22
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/boa_a__101320…

From: Daniel Steagald <dansteagald@icloud.com>
Sent: Thursday, September 24, 2020 6:23 AM

To: Board of Aldermen

Subject: Mask Mandate

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

Good morning folks

| just read a news article about the update to Nashua’s face covering policy. It’s not like me to reach out to politicians
but | wanted to say thank you for continuing to take this pandemic seriously and for doing what’s necessary to keep our
city safe (even if it somehow offends many people}. It’s a hard spot to be in, but please know some of us in Nashua fully
support these actions. Thanks again

Dan Steagald
17 1/2 Arlington St
Nashua NH 03060

Sent from my iPhone

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Board Of Aldermen - Agenda - 10/13/2020 - P22

Board Of Aldermen - Agenda - 10/13/2020 - P23

By dnadmin on Sun, 11/06/2022 - 22:57
Document Date
Fri, 10/09/2020 - 13:58
Meeting Description
Board Of Aldermen
Document Type
Agenda
Meeting Date
Tue, 10/13/2020 - 00:00
Page Number
23
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/boa_a__101320…

Graham, Donna

From: Laurie Ortolano <laurieortolano@gmail.com>
Sent: Thursday, September 24, 2020 9:09 AM

To: Board of Aldermen; Brown, Louise

Subject: Fwd: Adopting new abatement procedures

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

I want to share with you all a procedural change I would like to address with the Board of Assessors but will
also be addressing with the Aldermen. I am requesting that Lousie Brown and Donna Graham place this
correspondence in the next Board packet for the respective Boards.

Thank you,

Laurie Ortolano
41 Berkeley St.
Nashua, NH 03064

n--------- Forwarded message ---------

From: Laurie Ortolano <laurieortolano@gmail.com>

Date: Thu, Sep 24, 2020 at 8:57 AM

Subject: Adopting new abatement procedures

To: Board of Assessors <boassess@unashuanh.gov>

Cc: Leonard, Celia <LeonardC@nashuanh.gov>, Legal Department <Legal@nashuanh.gov>,
<normandr(@nashuanh.gov>, Mandile, Michael <mandileM@nashuanh.gov>, Dame, Douglas
<dameD(@nashuanh.gov>, Turgiss, Gary <GaryT(@nashuanh.govy>, Turgiss, Greg <GregT(@nashuanh.gov>,
Kleiner, Kimberly <kleinerK(@nashuanh.gov>, Gerry, James <James.Gerry@dra.nh.gov>

THIS IS NOT A RIGHT TO KNOW DOCUMENT REQUEST - NO DOCUMENTS ARE BEING
REQUESTED

September 24, 2020
Board of Assessor members,

I am requesting that this letter be accepted as a correspondence for the next Board packet.
Laurie Ortolano

41 Berkeley St

Nashua

I am concerned about the method used to address or fail to address my 2019 abatement. | had an opportunity to
speak with 3 well respected Chiefs and the DRA this week. I do not understand why my abatement was allowed
to expire without action and I would like to understand why that method was used. I have submitted discovery
questions to help me understand the process.

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Board Of Aldermen - Agenda - 10/13/2020 - P23

Board Of Aldermen - Agenda - 10/13/2020 - P24

By dnadmin on Sun, 11/06/2022 - 22:57
Document Date
Fri, 10/09/2020 - 13:58
Meeting Description
Board Of Aldermen
Document Type
Agenda
Meeting Date
Tue, 10/13/2020 - 00:00
Page Number
24
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/boa_a__101320…

That being said, I would like to offer some of the remarks shared from my communication with other officials
on this matter.

Every abatement is treated as a separate entity by the BTLA or courts.

An abatement is not litigation, an appeal is.

The purpose of an abatement is to determine an opinion of value for a property based on the April 1 date of the
abatement year.

It is believed that the language "failure to respond is a denial" appears to have been added to RSA 76:16 at some
later date. I have not researched this yet, but will do so.

Based on information and belief in communicating with state experts, they believe the language was added to
account for an accidental abatement misplacement or oversight that would cause an abatement to inadvertently
be overlooked.

Based on information and belief in communicating with state experts, it is not intended to be means for
deliberately deciding to skip it.

The Board of Assessor or Selectmen are responsible for approval, denial, or failure to respond.

One Chief stated that they had never used "failure to respond" for a denial and that all applications are acted on.
One Chief stated that they act on all abatments that do not have a representative. They did say that commercial
properties that do have a representative sometimes do not receive a letter of denial, but the Chief is in frequent
communication with these people and knows them well, for example, CPTM as a representative.

One Chief said they almost never do not respond to an abatement and only have done so on commercial
properties with representatives. They said that the BTLA frowns about just ignoring an application without
good cause.

Here are some procedural changes I would like the Board to consider:

1. All abatement applications submitted, that do not have a representative assigned, will be acted on, either
approved or denied, with a letter sent.

2. The final abatement list provided to the Board will clearly show abatements that were deemed denied by
failure to respond. The board will then be able to monitor what properties fall in this category.

3. Anyone who submits an application that is being acted on will be allowed to know who the Certified
Supervisor Assessor is assigned perform the abatement or provide oversight. If the abatement is
assigned to a certified assessor to do the work, this information will be public for the property owner.

4. As it stands right now the abatement list does provide the name of the assessor assigned to the property,
so this is a public document and property owners can have this information. Additionally, the assessor
contacts the property owner to visit the property and review the card.

5. However, property owners whose properties are listed with consultants are not allowed to have the name
of the consultant. I believe this may not be legal and may be an unfair process for those with abatements.
Property owners whose abatements are assigned to a consultant have no way to verify that a certified
supervisor assessor is addressing their application. They have to use a more cumbersome and extensive
Right-To-Know process to figure this out.

6. All property owners that request placement on the agenda for communication regarding their abatement
will not be denied the request. You can establish the rule that they will only have 1 opportunity to
address the board, etc.

Here is why I am requesting these procedural changes.
1. J was told by Attorney Bolton that Ms. Kleiner was handling my 2019 abatement. Ms. Kleiner is not a

certified supervisor assessor but she did provide a list that showed the abatement was placed with a
consultant.

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Board Of Aldermen - Agenda - 10/13/2020 - P24

Board Of Aldermen - Agenda - 10/13/2020 - P25

By dnadmin on Sun, 11/06/2022 - 22:57
Document Date
Fri, 10/09/2020 - 13:58
Meeting Description
Board Of Aldermen
Document Type
Agenda
Meeting Date
Tue, 10/13/2020 - 00:00
Page Number
25
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/boa_a__101320…

2. Mr. Greg Turgiss was a certified Supervisor Assessor but could not address my 2019 abatement because
ofa conflict of interest.

3. When I asked Ms. Kleiner to provide the name of the consultant assigned to my abatement, I received no
response and she would not provide the name.

4, Because I receive no response, and I have a hostile relationship with the Assessing office, Legal Office,
and Mayor, I believe that the City did not use a consultant to determine an opinion of value.

5. T have not had the opportunity to speak with an expert about my 2018 appeal or 2019 abatement,
because the City has provided no expert for me. The Legal office provided no expert for the mediation
on February 13, 2020 for the 2018 appeal. Ms. Kleiner provided no expert or name for the 2019
abatement. I seem to be overlooked and believe it is retaliation.

6. I was denied four times the opportunity to address the Board regarding my 2019 application when other
property owners were granted the opportunity to speak with the Board.

7. The Board can only prevent this from happening again, if you enact procedures to prevent this from
happening again.

Sincerely,
Laurie Ortolano

Page Image
Board Of Aldermen - Agenda - 10/13/2020 - P25

Board Of Aldermen - Agenda - 10/13/2020 - P26

By dnadmin on Sun, 11/06/2022 - 22:57
Document Date
Fri, 10/09/2020 - 13:58
Meeting Description
Board Of Aldermen
Document Type
Agenda
Meeting Date
Tue, 10/13/2020 - 00:00
Page Number
26
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/boa_a__101320…

Graham, Donna_

From: Tim Hogan <v8hnir@hotmail.com>
Sent: Friday, September 25, 2020 3:13 PM
To: Graham, Donna

Subject: Opposition to newest mask ordinance

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

Please forward to the appropriate people,

I want to voice my opposition to the newest mask requirement.

Enough already. If someone wants to wear a mask, fine. You cannot force the public to do so. This is harming
our business large and small.

Main Street was dead last night, on a beautiful night.

Sullivan Street, Nashua

Get Outlook for Android

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Board Of Aldermen - Agenda - 10/13/2020 - P26

Board Of Aldermen - Agenda - 10/13/2020 - P27

By dnadmin on Sun, 11/06/2022 - 22:57
Document Date
Fri, 10/09/2020 - 13:58
Meeting Description
Board Of Aldermen
Document Type
Agenda
Meeting Date
Tue, 10/13/2020 - 00:00
Page Number
27
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/boa_a__101320…

Graham, Donna

From: M K <gouma4/sport@gmail.com>
Sent: Saturday, September 26, 2020 12:08 AM
To: Board of Aldermen

Ce: Lu, Eizabeth

Subject: Performing Arts Center

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

Good Evening,

I am sending my opinion along about the bonds funding the Performing Arts Center.

Iam 100% against this project. This is a luxury you are voting for during a time when people are losing jobs
and their businesses, and are worrying about putting food on the table and paying for their housing.

A couple of months ago you were worried about "optics" when transferring funds of around $24,000 for
dancing downtown. $5.5 million is significantly worse "optically."

I can't believe that you are expecting people who are devastated financially to face tax increases for a
performing arts center. In this era of masks and social distancing, use of such a place would be minimized.

Ms. Lu, I am including you specifically as you are my ward alderwoman. I always enjoy reading the minutes of
the meetings as you are not afraid to ask questions. I don't often agree with your votes, but I respect your
attempts to be informed. I know I have missed the deadline for submission of opinions, and so it is likely the
Board will choose to ignore my opinion. Another disenfranchised voter.

I will read the minutes of the September 29 meeting with interest. 1 am hoping that you halt this project at least
until the end of the pandemic. It is the fiscally responsible thing to do, and shows respect for the citizens of
Nashua who are facing hard times.

I hope you do not choose "bad optics," but I am pessimistic that you will show respect to those who are
currently suffering.

Marian Knight
29 Harris St.

Page Image
Board Of Aldermen - Agenda - 10/13/2020 - P27

Board Of Aldermen - Agenda - 10/13/2020 - P28

By dnadmin on Sun, 11/06/2022 - 22:57
Document Date
Fri, 10/09/2020 - 13:58
Meeting Description
Board Of Aldermen
Document Type
Agenda
Meeting Date
Tue, 10/13/2020 - 00:00
Page Number
28
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/boa_a__101320…

Graham, Donna

From: johncaw@ myfairpoint.net
Sent: Sunday, September 27, 2020 9:37 PM
Subject: Mask police

CAUTION: This email came from outside of the organization. Do not click links/open attachments if source is unknown.
And everyone said this could never happen here in the gocd ole USA....
https://www.vyoutube.com/watch?v=981rM4FDutQ

Go to 5:25 of the video if you want to see the worst of it...

Well it's happening and MASKS still do nothing to stop a virus...NOTHING.....but sending the police to arrest people for
not wearing a mask, when looters and rioters go free, certainly does something to the fabric of society.

In hind sight, it's a good thing thing that the convicted criminals were released from prison due COVID, to make way for
these really dangerous non mask wearers...

Citizens get arrested for being in public, criminals go free...It took 36 years langer than he thought but, this is George
Orwell's, 1984 come to, life.

"War is peace. Freedom is slavery. Ignorance is strength. Wear a mask. It will protect you and save the world, even
though it doesn't do either"

Nice job to those of you who supported enacting a MASK mandate...

To all of you that BID NOT support the MASK mandate, thank you for standing up to the madding crowd, mob, that is
doing their utmost to ruin our country.

Respectfully,
John Cawthron

8 Troon Circle
Nashua, NH 03062

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Board Of Aldermen - Agenda - 10/13/2020 - P28

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