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Board of Aldermen 09-22-2020 Page 9

From: Mayor James Donchess
Re: Masterplan Committee Designees

From: Linda McGhee, Deputy Planning Manager

Re: — Referral from the Board of Aldermen on proposed R-19-183, to establish a Committee to draft a
Master Plan

From: Linda McGhee, Deputy Planning Manager
Re: Referral from the Board of Aldermen on proposed R-20-059, authorizing the sale of City real
property located at 141-143 Burke Street. (Map 11, Lot 158) to Burke Street Nashua, LLC

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

There being no objection, President Wilshire accepted the communications and placed them on file.
COMMUNICATIONS REQUIRING FINAL APPROVAL - None

PETITIONS - None

NOMINATIONS, APPOINTMENTS AND ELECTIONS

Laurie Ortolano, 41 Berkeley Street President Wilshire, can you hearme?

President Wilshire

Alderman Caron?

Ms. Ortolano Hello?

President Wilshire

Alderman Caron, | can hear you.

Ms. Ortolano This is actually Laurie Ortolano, you skipped Public Comment for items to be acted on, is
that intentional?

President Wilshire

Oh nol am sorry; | did not intentionally skip that.
Ms. Ortolano Ok thank you.

President Wilshire

My apologies.

PERIOD FOR PUBLIC COMMENT RELATIVE TO ITEMS EXPECTED TO BE ACTED UPON THIS
EVENING

President Wilshire

Period for public comment relative to items expected to be acted upon this evening. Is there anyone that
wishes to address the Board?

Board of Aldermen 09-22-2020 Page 10

Ms. Ortolano | do, | thought somebody else might dive in but this is Laurie Ortolano at 41 Berkeley Street. |
just want to speak briefly to the comments by the Mayor, pretty disappointing to hear his tone and what he
said to you folks. He said that, he used the word “deluge” of Right to Knows began about 2 years ago.
Actually | believe there was aramp up that started in June 2019 and that’s when the Legal Office started
tracking these things. | Knowthe other individual who was involved | believe put their first Right to Knowin,
in June or July. So | disagree with the 2-year time frame. | also think he said by that summer of last year,
there were 34,000 document requests, or documents provided. That’s a gross misrepresentation. He’s
talking about the request where | wanted to see the KRT Property Record Cards. Turns out those were
31,000 records which | didn’t know when | put the request in and the City denied them and didn’t produce
them at all. So that’s a misrepresentation.

Also, | am going to send to all of you the letter from Attorney Lehmann where he made the request for the
audio/video files. We did not requestthe transcripts. We were fine with just getting the audio/video files
and didn’t ask the City to do that. The City is the one that said without giving a reason, we will transcribe
these and we will redact them. And we did not ask for that. And to give you a perspective on the amount
of work, its 13 hours atape. Now|’ve been involved in the Assessing Department and lve gone to many
meetings during abatements, those meetings are 4 hours long. And they transcribe those down there ina
matter of you know two days. So 13 hours which is working not full time, 13 hours of minutes for
somebody who is skilled at that is not asking for a lot but we didn’t even ask for it. And 'm going to
produce the letter from Attorney Lehmann that verifies. Because really when | see a Mayor put out wild
accusations and really appear frightened by wnat’s happening here. | think his fear has gotten the best of
him. | think he misrepresented what the position is about.

President Wilshire
Mrs. Ortolano can you stick to the Legislation and not the Mayor please?

Ms. Ortolano Well the Mayor is the one who pitched it and he said he was going to provide some answers
to good questions raised by the public. So! hope he’s able to do that and put his fear aside and get us to
the answers. | would have liked to have heard that at the beginning instead of his frantic dialogue. | don’t
like listening to people who | don’t think have integrity. | wish he had stuck to the issue and answered some
of the questions the public brought forward so that when | gave my first input | would have something to
say for you. So step it up Mr. Mayor. Thank you.

President Wilshire
Anyone else wishing to give public comment on items to be acted upon this evening? Mr. Teeboom?

Fred Teeboom Yes, |do. This is Fred Teeboom. This is the first time | have participated in this Zoom
business. | have a comment on R-20-067 which is the use of fund balance for taxrate. First of all, there is
supposed to be a letter from the Mayor to explain why this is to be done, that’s by the Ordinance as quoted
in this Resolution. | did not see the letter from the Mayor. Can somebody explain to me why the Mayor did
not address this in a letter? Anybody?

Alderman Clemons

We received a letter today.

Mr. Teeboom | did not see that in the Budget Committee’s Agenda which took place yesterday. Anyway let
me then go forward. | hope | don’t have to do a Right to Know to request another one. The request is for

$4.5 million so the fund balance is supposed to stay above 10% of Fiscal Year Appropriations. What is the
amount in fund balance at this moment before this Resolution is adopted? Can somebody address that?

Board of Aldermen 09-22-2020 Page 11
Steve Bolton, Corporation Counsel

Madam President?

President Wilshire

Attorney Bolton.

Attorney Bolton

The Ordinance allows for public comment. It does not mean that the Board of Aldermen is subjected to a
cross examination.

President Wilshire
Thank you, Attorney Bolton.

Mr. Teeboom In absence of his letter which does not exist to my knowledge, it’s fair for me to ask the
question what is the fund balance. Could somebody address that question?

President Wilshire

| am not seeing anyone stepping up to answer your question, Mr. Teeboom.
Mr. Teeboom Alright, then I'll make some more comments.

President Wilshire

Ok.

Mr. Teeboom The Fund Balance is supposed to be a certain amount that after you deduct this $4.5 million
you are still supposed to have 10% or more of that fund balance to represent Fiscal Year Appropriations.
So, the question then is, what are the year fiscal appropriations ending on June 30" of this year? Is the
fiscal appropriations the General Fund Appropriation? Is it total appropriations? Is it all appropriations
including county taxes? Could somebody address to me exactly what is meant by “Fiscal Year
Appropriations’ relative to this Resolution?

President Wilshire

As the Attorney just stated, we are not going to go back and forth. If you have some comments, please
leave your comments Mr. Teeboom.

Mr. Teeboom Like Lori Ortolano said, howcan you ask questions if you don’t produce the letter you are
supposed to address this with? | have no idea if this $4.5 million leaves 10% of fiscal appropriationsin the

general fund. Generally the General Fund is about $30 million dollars. So we should at this moment have
at least $30.5 million dollars thereabout in the General Fund.

Mayor Donchess
Madam President, if it will shorten things, | could answer this.

Mr. Teeboom That would be helpful.

Board of Aldermen 09-22-2020 Page 12

Mayor Donchess

The letter did go out but Mr. Teeboom hasn't received it. A fund balance will go up at the end Mr.
Teeboom so Mr. Griffin can you give the exact number but | believe it’s — the fund balance will go up above
the figure you just mentioned and is going to be added to, to the tune of about, | think about $700,000.00.

Mr. Teeboom So you are $700,000.00 above the 10%.

Mayor Donchess

No above what is now and it is already about the 10%. So to get the exact figure, why don’t we turn to Mr.
Griffin. But the fund balance is above the 10%, more like 11 something, 11 and a fraction of a percentage
and will be going up if this proposal is adopted.

Mr. Teeboom So after this proposal is adopted and you take $4.5 million out of ...

Mayor Donchess

But remember that it is being back filled by the surplus which exceeds $4.5 million. So yes, in essence
what we are doing is we are applying surplus but the way the Resolution reads is it is fund balance money
but then the surplus moves into the fund balance. So at the end of the day it will be higher at June 30,
2020, it will be higher than it was on June 20, 2019.

Mr. Teeboom Mayor, | understand howit’s supposed to work. But | do not understand exactly wnat is
counted as fiscal year appropriations under the Resolution.

Mayor Donchess

Well that’s the answer that | have for your question. Mr. Griffin can give you the exact numbers. Butitis
above 10% and it’s going up not down.

John Griffin, CFO

Mr. Mayor and Madam President, | can help out a little bit here if | may?
President Wilshire

Mr. Griffin?

Mr. Griffin

As | indicated last night during the Budget Review Committee, the anticipated — we anticipate $36.8 million
dollars of fund balance before the application of the $4.5 amount towards the taxrate. That leaves us with
an 11.4% of the fiscal ’20 budget. Mr. Teeboom, you’ve asked why don’t we include more than that. We
never have, since I've been here. So we use the General Fund Appropriations as the denominator.

Mr. Teeboom Ok you use general fund appropriations of the denominator. | think somebody on this Board
ought to take a look at this Resolution, at the Ordinance thatthe Resolution refers to which is NRO 5135 A,
and B and C that starts fixing the thing. Because anybody that looks at it will be completely confused
exactly what is meant here, I’ve asked for that before. And a letter from the Mayor would help. | think if the
Mayor would address this question that | have of 5135 A and B and try to clarify this with maybe an
Ordinance change that would be helpful. Because right nowthere’s language you here | won’t bother you
with thatis not clear. With that | appreciate it. | would say though | am surprised that not a single, Ive
listened to the tape because there are no minutes on this Budget Meeting last night. So | listened to the
audio recording. | do not remember any Alderman asking any detailed questions other than Alderman

Board of Aldermen — 1/12/16 Page 5
Alderman Clemons

| am very excited to be here and |’m looking forward to working with all of you and | think Nashua;
hopefully we can move in the right direction together in the next two years.

Alderman Wilshire

| would like to welcome the new Mayor and the new members of the Board. | look forward to working
with all of you. Nice job to those who worked on the Inauguration Committee, it was very well done and
everyone had a good time.

Also, my condolences go out to the family of Bob Valade, who | have known for many years. We both

worked at the Department of Health and Human Services. | considered him a good friend and he will be
missed. My condolences also go out to the family of Don Gross.

President McCarthy

| would like to remind our legislative assistant to remind all of you that prior to our next meeting we will
have the photography session for the Board at 6:30 p.m. so please try to be here on time so that we can
get that organized. It’s still pretty tough to photo shop people in later. The process is a sight to behold.
Committee announcements:

Alderman Siegel

The Substandard Living Conditions Committee will be holding a meeting next Tuesday, January 19" at
7:00 p.m.

Alderwoman Melizzi-Golja

The Planning and Economic Development is also going to be having a meeting next Tuesday if we can
figure out space for that at 7:00 p.m.

Alderman Clemons

As there are two pieces of legislation now pending, | have not set a date for the Personnel &
Administrative Affairs Committee meeting but | will reach out to the members and we will schedule a date
that works for everyone.

ADJOURNMENT

MOTION BY ALDERMAN WILSHIRE THAT THE JANUARY 12, 2016, MEETING OF THE BOARD OF
ALDERMEN BE ADJOURNED

MOTION CARRIED

The meeting was declared adjourned at 7:48 p.m.

Attest: Patricia D. Piecuch, City Clerk

Board of Aldermen 09-22-2020 Page 13

Clemons asking what the tax rate was going to be and that is surprising. The Aldermen oughtto be more
familiar with this kind of accounting and the fact that you only give them a day for the meeting on this
question as well as on the escrow question which is quite complex, you give them only a day to make a
vote is not excusable. Thank you.

President Wilshire
Thank you. Anyone else from the public that wishes to give public comment?

Beth Scaer, East Hobart Street First of all wnen | connected about a couple of minutes before the meeting
started, | could hear some of the Aldermen mocking the protesters against the face covering ordinance and
| felt that was really disrespectful. It is their first amendment right and they don’t deserve to be mocked.
And also, | wanted to speak about the updated face covering Ordinance that you are going to be voting on
tonight. | am asking all of you to please strike the provision from the updated face covering Ordinance that
requires businesses to block customers from entering who aren’t wearing a face covering and don't
produce documentation proving that they have a medical condition.

This Ordinance could bring serious harm to Nashua small businesses, especially since the surrounding
New Hampshire towns don’t have this requirement. Blocking customers from entering a business could put
businesses at risk of a lawsuit for discrimination against someonewith a disability and this provision brings
new financial hardships to Nashua small businesses that have already suffered so much under the COVID
shutdowns and restrictions. And too many of our small businesses are barely scraping by. If this
Ordinance were working as intended, the outbreak at City Hall would not have occurred. Were the Mayor
and his staff flouting the current face covering ordinance. If so, they knowthemselves how difficult this
ordinance is to follow. Why would they require businesses to enforce the wearing of face coverings when
they can’t follow the ordinance themselves. And thanks very much to Alderman Ben Clemons for speaking
up and voting on behalf of Nashua’s small businesses at the Committee Meeting on the updated
ordinance. Thank you.

President Wilshire

Thank you, anyone else that wishes to give public comment? Hello?
Laura Colquhoun Laura Colquhoun.

President Wilshire

Can you, name and address for the record please?

Robert Farineli 92 Ledge Street | would also like to voice my displeasure first of all at the few Aldermen
who were mocking the face mask protest. That’s very, extremely disrespectful to your constituents who
have the right to exercise their first anendment right. And | would ask the Aldermen to strike this updated
ordinance down. Our Nashua business owners have already gone through enough hardship as it. Some
are very afraid that the City will come after them after this law and they the right to exercise their business
the way they want to. It’s been very clear that the Police have no interest in enforcing this and quite frankly
that business owners have the right — business owners that do not want to enforce this have the right to run
the business the way they want to. Again if you do not like the fact that a business doesn’t want you to
wear a mask, you should not shop there. And as | said again, and I'll say this again, if you want to wear a
mask, go ahead. Ifa business wants someone to wear a mask, whatever. It’s their business. But the fact
that you, the people who support this feel they really have the need to go in and force businesses that are
already struggling to enforce mandates they don’t want to under the threat of | would assume Nashua
Boards going after this business licenses or what not is what you are planning to do for punishment. It’s
totally unacceptable.

Board of Aldermen 09-22-2020 Page 14
President Wilshire

Well that’s not the case Robert, that’s not the case at all.

Mr. Farineli Then howto do plan on enforcement, who is planning on enforcing this and how?
President Wilshire

This isn’t a give and take, I’m just telling you the City is not looking for people’s business licenses. Do you
have anything else Robert?

Mr. Farineli Can you explain to me how you plan on enforcing this then?

President Wilshire

No | cannot.

Mr. Farineli Of course Nashua loves to keep its secrets.

President Wilshire

Thank you. Anyone else wish to give public comment? Laura, name and address for the record?

Laura Colquhoun 30 Greenwood Drive. First of alll am very insulted by the tone and what the Mayor said,
| don’t think he knows what he’s talking about. | had sent a Right to Know last year in and | asked for a
listing of open building permits. | got back over 33,000 documents. No one bothered to call me or anything
else, | just got 33,000 documents back and they said, “Oh we can’t tell you wnat’s open’. It’s also
happening now that if you even ask a question to Assessing they are going in and they aresendinga
stupid question to the Legal Department and making it a Right to Know. | think that’s a waste of time and
money. | have had Right to Knows with Dave (inaudible) | send it to him, no problem | get it back and if he
doesn’t understand what | am asking for, he gives me an e-mail or he gives me a call and he gets me the
information. If we start not going to the Departments, we are going to get garbage out and that’s wnat we
have been getting right nowwith going through the Legal Department. So | do not feel that we need this
person, | think if the City could get the people and their Departments to actually give the information that
we are asking and not try to inundate us with paperwork which we don’t even want, it would be much more
efficient and we wouldn’t be spending so much money. And | really think if the Mayor looked at the Legal
Department, they are not getting one Right to Know a day. | know for a fact its maybe up to one a month
or something like that. But the more the City is trying to hide, the more people are going to ask for Right to
Knows. And we have a Right to Know. And that’s it, thank you.

President Wilshire

Thank you. Anyone else wishing to give public comment this evening for items on the Agenda? Seeing
none, we will go back order of our business. Nomination, Appointments and Elections. Appointments by
the Mayor.

Appointments by the Mayor

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

Cultural Connections Committee

Eric Drouart (Reappointment) Term to Expire: December 31, 2020

52 Main Street, Unit 206
Nashua, NH 03064

Board of Aldermen 09-22-2020 Page 15

Mohammed Mustak Arif (Reappointment) Term to Expire: February 28, 2023
1 Kinsley Street
Nashua, NH 03060

Adelina Hernandez (Reappointment) Term to Expire: July 30, 2023
56 Chestnut Street
Nashua, NH 03060

Jessica Gorhan (Reappointment) Term to Expire: December 31, 2023
97 Western Avenue
Henniker, NH 03242

Nashua Arts Commission

Judith Carlson (Reappointment) Term to Expire: April 1, 2023
5 Manchester Street
Nashua, NH 03064

Paul LaFlamme (Reappointment) Term to Expire: April 1, 2023
28 Lutheran Drive
Nashua, NH 03063

Steve Ruddock (New Appointment) Term to Expire: July 30, 2023
5 Town Crier Road
Amherst, NH 03031

Travis Tripoldi (New Appointment) Term to Expire: April 1, 2023

15 Manchester Street

Nashua, NH 03064

Tax Increment Financing Advisory Board

Angelina Spillios (New Appointment) Term to Expire: September 30, 2021
15 Technology Way

Nashua, NH 03062

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
Personnel/Administrative Affairs Committee........... 0.0.00... cece ce cecceceeecesseeeeees 09/10/2020

There being no objection, President Wilshire declared the report of the September 10, 2020
Personnel/Administrative Affairs Committee accepted and placed on file.

Human Affairs Committee... 2.0.0.2... cc cece ccc ce ceceee ces cceeeseeceteeeveretereneees 09/14/2020

There being no objection, President Wilshire declared the report of the September 14, 2020 Human Affairs
Committee accepted and placed on file.

Finance Committeeé........0...... ccc ccc ccececccccccececccceceeeeecettesteeeerurteecurteeanes 09/16/2020

There being no objection, President Wilshire declared the report of the September 16, 2020 Finance
Committee accepted and placed on file.

Board of Aldermen 09-22-2020 Page 16

There being no objection, President Wilshire suspended the rules to allow for the oral report of the
Budget Review Committee meeting held Monday, September 21, 2020 regarding proposed
Resolutions R-20-066, R-20-067, and R-20-069.

Alderman Dowd gave an oral report of the Budget Review Committee meeting of September 21, 2020 with
respect to Resolutions R-20-066, R-20-067, and R-20-069.

Alderman Dowd

Yes, thank you. We did have a meeting last night on R-20-066, it’s a Collective Bargaining Agreement with
the Nashua Association of Schools on a one-year contract at a 1.5% increase andit passed the Board
unanimously. On R-20-067, that’s the $4.5 million that was mentioned before going towards the taxrate, we
did get a letter from the Mayor today and it is 11.4% that will be in accordance with NRO S-135 and that also
passed the Budget Review Committee unanimously.

On R-20-069 which was the escrows, we had some discussion. The reason it was sort of short notice was
the fact that with all that’s going on with City Hall closed that people have to do all these calculations and
everything, the timeframe was shortened. But we have had onechange. | made a proposal to change Line
22 which is the CERF amount by $100,000.00 to add $100,000.00 to the Police Expendable Trust Fund.
The Police Expendable Trust Fund is a fund much like we have an expendable trust fund for snowplowing,
not that they are equivalent. Right now that expendable trust fund is to handle pop up, emergency, major
crimes that need to be investigated right away and they don't have time to come back and go througha
series of Aldermanic Meetings because as we all know the trail goes cold when you are dealing with those
kind of activities. Right nowthe balance in there is like $405.00 and we put $100,000.00 in there to cover
any major expense. And being the liaison to the Police Commission | note that they really have a dire need
for this. In the past, we have years where we didn’t have to use it. We've had other years were we’ve had
to use more than that. It all depends on what happensin the City of Nashua. So in order to be able to
entertain major crime thathappens, they need that money to refer to and it passed with one negative vote.
And | believe that’s it.

President Wilshire

Thank you, Alderman Dowd.

CONFIRMATION OF MAYOR'S APPOINTMENTS

Business and Industrial Development Authority

There being no objection, President Wilshire confirmed the reappointments of the following
individuals to the Business and Industrial Development Authority: Jack Tulley, P.O. Box 600,
Nashua for a term to expire September 13, 2023; and Mark Prolman, 70 Crestwood Drive, Hollis, for
a term to expire April 30, 2023.

Oath of Office to be administered at a later date.

Eneray and Environment Committee

There being no objection, President Wilshire confirmed the reappointment of the following
individual to the Energy and Environment Committee: Anita Arden Cala, 15 Taylor Street, Nashua,

for a term to expire March 31, 2023.

Oath of Office will be administered at a later date.

Board of Aldermen 09-22-2020 Page 17

Master Plan Committee

There being no objection, President Wilshire confirmed the new appointments of the following
individuals to the Master Plan Committee: Mary Ann Melizzi-Golja, 2 Amble Road, Nashua;

Homa Jaferey, 5 Poliquin Drive, Nashua; Gloria McCarthy, 65 Musket Drive, Nashua; Peter Schaefer,
15 E Street, Nashua; Gene Porter, 77 Concord Street, Nashua; Marjorie Bollinger Hogan,

67 Cannongate Ill Road, Nashua; and Amber Logue, 20 Lock Street, Nashua.

Oath of Office administered by Corporation Counsel to Gene Porter, Gloria McCarthy, Amber Logue, and
Peter Schaefer: Oath of Office administered to be administered at a later date for those not present.

Mine Falls Park Advisory Committee

There being no objection, President Wilshire confirmed the reappointment of the following
individual to the Mine Falls Park Advisory Committee: Greg Andruskevich, 3 Caraway Lane,
Nashua, with a term to expire June 30, 2023.

Oath of Office to be administered at a later date.

Nashua Airport Authority

There being no objection, President Wilshire confirmed the reappointment of the following
individual to the Nashua Airport Authority: David Heath, 4 Southgate Drive, Nashua, witha term to
expire August 31, 2025.

Oath of Office administered by Corporation Counsel.

David Heath A correction on my address, Madam President. My address was really 4 Southgate Drive if
that matters.

President Wilshire
Ok we will note that for the record. Thank you. Thank you for stepping up.
Nashua Arts Commission

There being no objection, President Wilshire confirmed the reappointments of the following
individuals to the Nashua Arts Commission: Paul LaFlamme, 28 Lutheran Drive, Nashua, with a
term to expire April 1, 2022; and Judith Carlson, 15 Manchester Street, Nashua, with a term to
expire April 1, 2023.

Oath of Office administered by Corporation Counsel to Judith Carlson; Oath of Office will be administered
at a later date for Paul LaFlamme.

Nashua Planning Board

There being no objection, President Wilshire confirmed the reappointments of the following
individuals to the Nashua Planning Board: Michael Pedersen, 11 Delaware Road, Nashua, witha
term to expire January 1, 2024; Scott LeClair, 10 Daylily Drive, Nashua, with a term to expire March
31, 2022; Lawrence Hirsch, 12 Salmon Brook Drive, Nashua; and Maggie Harper, 3 Taft Street,
Nashua, both with terms to expire March 31, 2023.

Oath of Office administered by Corporation Counsel; Oath of Office administered to be administered at a
later date for those not present.