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LEGISLATIVE YEAR 2020

ORDINANCE: O-20-034
PURPOSE: Extending temporary adjustments of site plans to allow for

greater outdoor seating at restaurants

ENDORSERS: Alderman-at-Large Michael B. O’Brien, Sr.
Alderman-at-Large Ben Clemons

COMMITTEE
ASSIGNMENT:

FISCAL NOTE: None.

ANALYSIS

This legislation extends the ability for the community development director or designee to modify
existing site plans to enable restaurants to provide additional outdoor seating for an additional year,
through January 1, 2022.

This measure should be referred to the Planning Board and a public hearing scheduled.

Approved as to form: Office of Corporation Counsel

By:

Date:

A regular meeting of the Board of Aldermen was held Tuesday, November 10, 2020, at 7:30 p.m. via
teleconference.

President Lori Wilshire presided; City Clerk Susan Lovering recorded.
Prayer was offered by City Clerk Susan Lovering; Alderman Ben Clemons led in the Pledge to the Flag.
President Wilshire

As President of the Board of Aldermen, | find that due to the State of Emergency declared by the
Governor as a result of the COVID-19 pandemic and in accordance with the Governor's Emergency
Order #12 pursuant to Executive Order 2020-04, this public body is authorized to meet electronically.

Please note that there is no physical location to observe and listen contemporaneously to this meeting,
which was authorized pursuant to the Governors Emergency Order. However, in accordance with the
Emergency Order, | am confirming that we are:

Providing public access to the meeting by telephone, with additional access possibilities by video or
other electronic means:

To access Zoom, please refer to the agenda or the City’s website for the meeting link.

To join by phone dial: 1-929-205-6099 - Meeting ID: 820 5048 7247 Passcode: 411072

The public may also view the meeting via Channel 16.

We previously gave notice to the public of the necessary information for accessing the meeting, through
public postings. Instructions have also been provided on the City of Nashua’s website at www.nashuanh.gov
and publicly noticed at City Hall and Nashua Public Library.

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

In the event the public is unable to access the meeting via the methods mentioned above, the meeting will
be adjourned and rescheduled. Please note that all votes that are taken during this meeting shall be done
by roll call vote.

Let’s start the meeting by taking a roll call attendance. VWhen each member states their presence, please
also state 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 15 members of the Board of Aldermen present: Alderman Michael B. O’Brien,

Sr., Alderman Patricia Klee, Alderwoman Shoshanna Kelly, Alderman Richard A. Dowd, Alderman June M.
Caron, Alderman Benjamin Clemons, Alderman Thomas Lopez, Alderman David C. Tencza, Alderwoman

Elizabeth Lu, Alderman Ernest Jette, Alderman Jan Schmidt, Alderman Brandon Michael Laws, Alderman

Skip Cleaver, Alderman Linda Harriott-Gathright, Alderman Wilshire.

Mayor James W. Donchess, Corporation Counsel Steven A. Bolton, were also in attendance.

Board of Aldermen 11-10-2020
ROLL CALL

Alderman O’Brien

| am present, | can hear the proceedings and | am alone.
Alderman Klee

| am here, | can hear the proceedings and | am alone.
Alderwoman Kelly

I’m here, | can hear everyone and | am alone.

Alderman Dowd

| am present, | can hear the proceedings and | am alone.
Alderman Caron

Yes, | am here, | am alone and | can hear everyone.

Alderman Clemons

Page 2

Hi, | am here, | am alone in this room, although my wife is home with me and | can hear everyone.

Alderman Lopez

| am here, | am alone and | can hear and see everyone.

Alderman Tencza

| am present, | am alone in the room and | can hear everyone.

Alderwoman Lu
| am alone and | can hear everyone.

Alderman Jette

| am here, | can hear the proceedings and | am with my wife.

Alderman Schmidt

| am present and | am alone in the room.
Alderman Laws

| am here, | am alone and | can hear you.

Alderman Cleaver

| am present, my daughter is in an adjoining room and | can hear the proceedings just fine.

Board of Aldermen 11-10-2020 Page 3

Alderman Harriott-Gathright

| am present, | can hear everyone and | am in this room alone.
President Wilshire
| am here, | am alone and | can hear everyone.

Susan Lovering, City Clerk

You have 15 in attendance.
President Wilshire

Thank you. Also with us this evening is Mayor James Donchess and Corporation Counsel Steve Bolton. Mayor,
do you wish to address the Board this evening?

REMARKS BY THE MAYOR

Mayor Donchess

Yes, Madam President, | do. The COVID-19 epidemic, the rise in cases that we have seen in recent weeks; of
course Public Health has been, for months, working very hard to contain the spread of the virus. We have a
mask ordinance and the City and our community has been working together to try to protect as many of our
community members as possible. But the scientists and the medical experts told us and have been telling us
for quite some time, that in the fall, and as the weather became colder, that we should see a rise in the number
of cases. And, of course, they are basing this upon their experience with other Coronaviruses related to, but not
the same obviously as COVID-19.

The scientists, the science was right, as was predicted, across the country, especially across the country, more
than here in New England, but across the country in many places, in the mid-west, in the south, the number of
cases has climbed very dramatically. In various places, hospitals are virtually overwhelmed. Here in New
England, in New Hampshire, we have also seen a rise in the number of cases, but not to the degree that other
parts of the country have seen, but still something that we need to be concerned about.

| believe the Director of Public Health and Community Services; Bobbie Bagley is on the call. If you have any
questions or need any further information beyond what | give you, but right now, we have in Nashua 150 active
cases. Now you might recall that in the summer months, that number was down to 20 or 25 at various times,
but now it’s up to 150. And that spans all ages, young people, middle aged, older people. The number of
contacts that have been identified, people who were in contact with those 150 positive patients in the days
before they were diagnosed, 263 contacts. That’s a lot of contacts. You might recall that we were down in
much, much lower than that during the summer and early fall, during the better weather.

Now, of course, as you know, it’s very important in containing the spread of the virus that our Public Health
Department do contact tracing; meaning they talk with each of the 263 people, keep in touch with them, advise
them that they need to quarantine and take other protective measures to make sure that they — or to try to limit
the chances that they would spread the virus to yet someone else. Public Health has been doing a very good
job in keeping up with this. They’ve also been holding testing clinics on a periodic basis, weekly basis; there
was one today. Over 100 people were tested today in the Elm Street garage, this afternoon.

Board of Aldermen 11-10-2020 Page 4

Now we have about 6 % people working on the contact tracing and 265 contacts is a lot of people to work with.
So you see on the Agenda, Madam President, R-20-092 which is the acceptance of a grant from the State of
New Hampshire. Once accepted, this will enable the City to take a number of steps with respect to COVID-19
but one of those things is to hire 4 more contact tracers so that we can have more like 10 people working with
these 263 contacts, a number which could rise, because the scientists tell us that December might be a heavier
month than November.

So as we discuss our problems or issues with COVID-19 this afternoon, Madam President, we talked about
asking the Board to act on this for a second reading under a suspension of the rules, R-20-092 so we can
accept the money right away so that Public Health can move forward and hire the 4 contact tracers and get
them to working to protecting the community as soon as we can. So | hope that the Board will consider acting
on that Resolution. Again, it’s merely the acceptance of State money; | hope you will consider acting on that
finally this evening.

Let me move on to the election, Madam President, which was, of course, held on the 3“. The election went
very smoothly, especially under the circumstances. | can’t say enough about City Clerk Sue Lovering and all of
the staff that she employed during the course of the two elections that we held: first the primary and then most
recently, November 3" the General Election. The number of absentee ballots cast was in the vicinity of 15,000,
many times what has ever been cast before. And the tracking procedure that the State established is very time
consuming. A number of entries have to be made over time for each individual ballot. And | have to say that
the City Clerk did a tremendous job in making the election come off as smoothly as | did. | saw her working 7
days a week for long periods of time making sure that all of the data got entered, making sure that every vote
was counted, making sure that every ballot was handled properly. And | just, again, can’t say enough about the
job that Sue Lovering and everyone else did in making sure that this election was as successful as it was.

And, of course, | congratulate all of the people who were successful in winning a week ago today, particularly
the five members of our Board of Aldermen who serve in the Legislature, all were reelected. | know all are up
there fighting for Nashua, so | want to congratulate you on your success.

Finally, Madam President, we have tomorrow — Veterans Day, which unfortunately we are not going to have the
Veterans Day parade. We have a Veterans Committee who oversees the parade and in view of the COVID-19
situation, decided that it was best not to proceed with the parade. And as we discussed this, you and | Madam
President, the need to recognize our Veterans and express our appreciation. We, of course, came across the
idea that we and the Board of Aldermen, the City have never formally recognized the Veterans on the Board of
Aldermen in the context of an Aldermanic Meeting. And there have been a lot of Aldermanic Meetings, and I’ve
never really seen that happen.

Now the Rotary Club earlier in the week had the Veterans from the Rotary Club, this was on Monday, tell a little
bit about their service experience. That seemed like a really good way for us to go and we, Madam President,
discussed this and thought that we would like to ask our Veterans, those being Alderman Dowd, Jette and
Cleaver, to take a few moments to tell us about their service and what they did. In a way of expressing our
appreciation and in a way of honoring all of our Veterans in Nashua, let’s hear the very interesting stories that
we can get right here in our own Chamber, of course, our virtual Chamber. | don’t know when, Madam
President, you would like them to tell us about this, now or later in the meeting, whatever you think is best. But |
would like to hear from them and, of course, thank them for their service as well as all of the Veterans. My
father was a Veteran, he fought in World War II, he was part of the 7" Army, the 70 Infantry Division. He
enlisted in 1942, was involved in training at various military bases, then went over to Europe, was sent over to
Europe in late 1944 where he fought in Northern France and Central Germany, they fought through to
Nuremberg against, of course, the German Nazis. And then once the war was over was involved in the
administration of the jail in Nuremberg where the Nazi war criminals were held while the Nuremberg trials were
going on. He left the service in 1946 as a Captain, came back to the United States and went back to civilian life.
So | just wanted to recognize him as well.

In any event, Madam President, those are my remarks. Again, thank you to our Veterans and if anybody has
any questions or comments, of course, I’d be glad to hear them.

Board of Aldermen 11-10-2020 Page 5

President Wilshire

After Responses to the Remarks of the Mayor, we will take up the Veterans on our Board under “Recognition
Period”, how’s that?

RESPONSE TO REMARKS OF THE MAYOR - None

RECOGNITION PERIOD

President Wilshire

| am going to call on Alderman Cleaver to start us off. Alderman Cleaver would you care to share with us?
Alderman Cleaver

Thank you very much Thank you, Mr. Mayor and thank you, Madam President. Yes, | want to wish all the
Veterans, all of our Veterans a very happy and healthy Veterans Day tomorrow. The bottom line is we
don’t recognize and support our Veterans as much as we should. This is a good time to thank them and
recognize their service, all services, all eras, all people and so | hope everybody has a good Veterans Day.
| might also say | am a US Marine, and that | enlisted in 1965. As such | wanted to say that the US Marine
Corp birthday is today, November 10". This is not a highly recognized holiday outside the Marine Corp, but
it is very important to us. This is the 245" Anniversary, 1775. So to all of my fellow Marines throughout the
area, congratulations, and happy birthday.

| served in the Marine Corp Air Wing, not in the Infantry, but in the Air Wing and | was involved in fighter
squadron training operations. | went to basic training, of course, as we all did and weapons training and so
on and so forth. The School in Jacksonville, Naval Air Station, and subsequently served in Beaufort Marine
Corp Air Station, the Yuma Marine Corp Air Station in Arizona and Roosevelt Roads Naval Air Station in
Puerto Rico, as well as Naval Air Facility Andrews Air Force Base which is now called Joint Base Andrews.

| learned a lot, it helped me to qualify to be an air traffic controller when | got out, so | joined the FAA and
was an air traffic controller in Pittsburg and Boston Logan. And so it was a good experience for me in that
regard. | am going to also say that my dad was a US Navy Veteran during World War II, he fought in the
Pacific and in the Pacific War Zone there was a long mail delay between the War Zone and the East Coast.
So my parents referred to me before and after my birth as the Skipper, so that’s where | got the name Skip.
That’s about it for me, on to Mr. Dowd and Mr. Jette.

President Wilshire
Well thank you for your service, Alderman Cleaver or Skip, Skipper. Thank you. Alderman Dowd.
Alderman Dowd

| joined the Navy in 1968 after graduating from St. A’s. It was the Vietnam War at the time. | originally was
an enlisted person and went through Submarine Training and was Special Projects Electronic Technician
on the USS Halibut SSN587 and was qualified in nuclear submarines. While on the submarine, | was
selected for Officer Candidate School and went to OCS in Newport, Rhode Island. | served on the USS
McCloy DE1038 as Electronics Material Officer, Electronics Warfare Officer and Legal Officer. | did
graduate from the Naval Justice School. | am qualified in nuclear submarines and Surface Warfare Officer
and | worked in the Defense Industry for over 35 years.

So | would also like to thank all of our Veterans. | had taken a few of my friends that are Marines to the
birthplace of the Marine Corp in Philadelphia. They were very excited about seeing that particular spot. So
again congratulations to all of our Veterans and hope that we honor them as they should be honored.

Board of Aldermen 11-10-2020 Page 6

President Wilshire
Thank you for your service, Alderman Dowd. Alderman Jette?
Alderman Jette

Yes thank you. | too would like to acknowledge all of our Veterans and | would also like to wish my wife a
Happy Birthday, she was a Marine in the air wing coincidentally. | joined the Army ROTC as a Freshman at
Boston College in 1963. When | graduated from College in 1967, | was Commissioned a Second
Lieutenant in the Transportation Corp. | was fortunate enough to delay my active duty during the height of
the Vietnam War which enabled me to go to Law School. When | graduated from Law School, | began my
active duty then in 1970.

After attending the Transportation Officer Basic Course, | was assigned to the Legal Assistance Office at
Fort Eustis Virginia, which was then the home of the Transportation Corp. Then | was very lucky, there was
a reduction in force and | was reassigned to the Reserves to a Transportation Reserve Unit here in

Nashua. One of my duties there was to develop an Emergency Evacuation Plan for the City, during my
time there. Then | was assigned to a Non-Commissioned Officer Academy, which is a school for non-
commissioned officers in Concord. Then | was assigned to a Ready Reserve Control Group until | was
discharged in 1977 with the rank of Captain. So thank you for acknowledging us and | appreciate it very
much. Thank you.

President Wilshire
Thank you for your service, Alderman Jette. And to all Veterans out there, thank you all for your service.
READING MINUTES OF PREVIOUS MEETINGS

There being no objection, President Wilshire declared the minutes of the Special Board of Alderman
and regular Board of Aldermen meeting of October 27, 2020 accepted, placed on file, and the
readings suspended.

COMMUNICATIONS REQUIRING ONLY PROCEDURAL ACTIONS AND WRITTEN REPORTS
FROM LIAISONS

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

From: John L. Griffin, Chief Financial Officer/Comptroller
Re: Nashua Fire Rescue IAFF Local #789 Unit Collective Bargaining Agreement — Contract
Costing

From: Linda McGhee, Deputy Planning Manager
Re: Referral from the Board of Aldermen on proposed R-20-083, authorizing the acquisition of property
at 36 Buckmeadow Road, Tax Map C, Lot 762, for a purchase price of $370,000

From: Linda McGhee, Deputy Planning Manager
Re: Referral from the Board of Aldermen on proposed O-20-034, extending temporary
adjustments to site plans to allow for greater outdoor seating at restaurants

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

Board of Aldermen 11-10-2020 Page 7

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

President Wilshire
Ms. Colquhoun?

Laura Colquhoun 30 Greenwood Drive. My comments will be in regards to the purchasing of the Lot at 36
Buckmeadow Drive and the property at 55 Franklin Street. In reviewing Mr. Donovan’s letter that he sent
out to the Finance & Operation Committee dated October 6, 2020, that was also attached to the Board
package, | would like to know where he received his information because his facts are incorrect. Mr.
Donovan explained that our elementary schools at the end of this past year, left us with no extra
classrooms. However, in not doing his due diligence, he neglected to see what was actually happening in
Nashua currently. The official October 2020 enrollment shows that Nashua currently is down by 860
students. The elementary schools went from 326 students to 165 students. That is a 49.39% drop in
elementary school children. And the City wants to purchase a building for the elementary children; this
action does not make sense.

We can assume that some of these students will not be coming back because their parents feel that their
children are getting a better education than they would be getting with the Nashua Public Schools.
Therefore, why is the City of Nashua purchasing these properties now? Has the City reviewed the financial
loss of approximately $3,200,000.00 at minimum in the financial aid and how is it going to affect our current
budget? These are facts that the Board of Aldermen need to consider before making purchases that are not
currently in our budget and currently do not need.

| also have comments on the Performing Arts Center. The guaranteed maximum price amendment is a
joke because it only speaks of the actual building. If the Board Members actually looked at the two pages
of exclusion, they would realize that the Nashua Taxpayers are going to have to come up with a lot more
money in order to make this project work. Do we have a contractor selected that will do all the excluded
work listed and these tasks have been priced into the project yet? As it is, the City of Nashua is waiving all
permit fees so that Nashua Taxpayers will be responsible for that portion also. This is tax dollars that are
coming out of the Nashua taxpayers’ wallet. What are the total fees that Nashua taxpayers will have to
eat? Where is the money coming from for the wood plaza decking, the metal frame skylights, acoustical
ceiling tile and grid, wall covering, etc.? Can the Board of Aldermen say where this money is coming from
and how much will it cost? Let every board member vote and let it go on the record, because when the City
comes back and asks the taxpayer for more money after this project, | want the taxpayers to hold the
Mayor and the Board of Aldermen accountable. These are questions worthy of answers now. Thank you.

President Wilshire
Anyone else wish to give public comment? Seeing none, Communications Requiring Final Approval.

COMMUNICATIONS REQUIRING FINAL APPROVAL

From: Mayor Jim Donchess
Re: Multi Year Contract Award - Transit Operation Services

MOTION BYALDERMAN HARRIOTT-GATHRIGHT TO ACCEPT, PLACE ON FILE, AND APPROVE THE
CONTRACT AMENDMENT TO THE EXISTING FIVE-YEAR CONTRACT FOR TRANSIT OPERATIONS
WITH FIRST TRANSIT IN AN AMOUNT NOT TO EXCEED $372,057. FUNDING WILL BE THROUGH
DEPARTMENT 186 TRANSPORTATION: ACCOUNT 55690 REGULAR TRANSPORTAION SERVICES,
BY ROLL CALL.

Board of Aldermen 11-10-2020 Page 8
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

From: Mayor Jim Donchess
Re: Multi Year Contract Award — Architect & Engineering Services

MOTION BY ALDERMAN KLEE TO ACCEPT, PLACE ON FILE, AND APPROVE AMENDMENT 3 IN
THE AMOUNT OF $158,400 TO EXTEND THE CONTRACT FOR THREE YEARS WITH FLOW
ASSESSMENT OF AUBURN, NH, FOR THE COMBINED SEWER OVERFLOW MONITORING
PROGRAM. FUNDING WILL BE THROUGH DEPARTMENT 169 WASTEWATER; FUND:
WASTEWATER; ACCOUNT CLASSIFICATION: 53 PROFESSIONAL SERVICES, 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
PETITIONS - None
NOMINATIONS, APPOINTMENTS AND ELECTIONS

Appointments by the Mayor

The following new appointment by the Mayor was read into the record:
Master Plan Committee

Heidi L. MacDonald (new appointment)

42A Chestnut Street

Nashua, NH 03060

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

REPORTS OF COMMITTEE

Special Finance Committee... 0... cee cen cee ee cee cae eee sae cee eae eee eae eee neeeees 10/26/2020

There being no objection, President Wilshire declared the report of the October 26, 2020 Special Finance
Committee accepted and placed on file.

Board of Aldermen 11-10-2020 Page 9
Budget Review Committee. ..... 2.0... cee cee cee cee ne cee ne cee sne cee nee eee nee tenes eaenees 10/26/2020

There being no objection, President Wilshire declared the report of the October 26, 2020 Budget Review
Committee accepted and placed on file.

Personnel/Administrative Affairs Committee... 20.0.0... 0.0 cece cece cee cee ceeeeecueeee eee eeeaes 10/28/2020

There being no objection, President Wilshire declared the report of the October 28, 2020
Personnel/Administrative Affairs Committee accepted and placed on file.

Committee on Infrastructure held jointly with
Personnel/Administrative Affairs Committee... 20.0.0... 0.00 cce cece ee cece ee eeeeeeees 10/28/2020

There being no objection, President Wilshire declared the report of the October 28, 2020 joint meeting with
Committee on Infrastructure and Personnel/Administrative Affairs Committee accepted and placed on file.

Finance Committee...... 0... ec ccc cee cee cee cee cee eee cueuee eee eee tee eueaeetueeeevertntaentnnenes 11/04/2020

There being no objection, President Wilshire declared the report of the November 4, 2020 Finance
Committee accepted and placed on file.

There being no objection, President Wilshire suspended the rules to allow for the oral report of the
Planning and Economic Development Committee meeting held Monday, November 9, 2020,
regarding proposed Resolution R-20-083.

Alderman Tencza

Thank you, Madam President. | can report that the Committee had a very efficient meeting last night on R-
20-083. We heard a presentation from Alderman Dowd about the importance of passing this piece of
Legislation as it relates to the development of the new Middle School. There was brief discussion
regarding the timing of this Resolution as it relates to the bond that was previously passed. | can report that
the Committee, after the presentation was speechless and passed the Resolution unanimously out of
Committee. Thank you.

President Wilshire

Thank you, Alderman Tencza.

There being no objection, President Wilshire suspended the rules to allow for the oral report of the

Human Affairs Committee meeting held Monday, November 9, 2020, regarding proposed Resolution
R-20-087.

Alderwoman Kelly

So we met last night on R-20-087 and the Committee was unanimous in their decision on this.
President Wilshire

Thank you, Alderwoman Kelly.

Alderman Lopez

Madam President, if | may just add to Alderman Tencza’s report, at our entirely succinct meeting he also, it
was so quick he didn’t even have to turn the light on in his room for the whole meeting.