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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 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.

Board of Aldermen 09-22-2020 Page 18
Tax Increment Financing Advisory Board

There being no objection, President Wilshire confirmed the reappointments of the following
individuals to the Tax Increment Financing Advisory Board: Sarah Marchant, 229 Main Street
Nashua; Chris Lewis, 670 North Commercial Street, Manchester; David Fredette, 229 Main Street,
Nashua; Eric Drouart, 57 Main Street#206, Nashua; Tim Cummings, 229 Main Street, Nashua;
Michael Cerato, 4 Water Street, Nashua; and Tia Phillips, 2 Clocktower Place, Nashua; all with terms
to expire September 30, 2021.

Oath of Office to be administered at a later date.

Peter Schaefer This is Peter Schaefer, | was selected for the Master Planning Committee and | hope | got
on to the video in time to get sworn in. Is this the right time?

President Wilshire
Corporation Counsel, would you please do the honor?

Oath of Office administered by Corporation Counsel to Peter Schaefer.

UNFINISHED BUSINESS —- RESOLUTIONS

R-20-059
Endorsers: Mayor Jim Donchess
Alderman Richard A. Dowd
Alderman Linda Harriott-Gathright
Alderman David C. Tencza
Alderman-at-Large Lori Wilshire
AUTHORIZING THE SALE OF CITY REAL PROPERTY LOCATED AT 141-143 BURKE STREET
(MAP 11, LOT 158) TO BURKE STREET NASHUA, LLC
Given its second reading;

Alderman Jette
| have a motion to amend but! will defer to Corporation Counsel. | know that Alderman Tencza is going to

make a Motion for final approval. Should that come first and then the Motion to Amend following that or |
am to go first.

Attorney Bolton

You should go first.

Alderman Jette

Ok.

MOTION BY ALDERMAN JETTE TO AMEND R-20-059 BY ADDING TO EXHIBIT A OF THE
PURCHASE AND SALE AGREEMENT ATTACHED THERETO THE FOLLOWING PARAGRAPH, “SAID
PARCEL TO BE CONVEYED SUBJECT TO ALL MATTERS OF RECORD, INCLUDNG THE

‘PROPOSED CONSERVATION EASEMENT AS SHOWN ON THE PLAN, WHICH EASEMENT SHALL
BE RESERVED TO THE CITY AT THE TIME OF CONVEANCE,” BY ROLL CALL

ON THE QUESTION

Board of Aldermen 09-22-2020 Page 19
Alderman Jette

And I'd like to speak to that. Madam President?

Alderman O’Brien, Vice President

| think Madam President has had trouble with her internet, we discussed it earlier. So in her absence, until
she comes back, as Vice President of the Board, I'll take over the meeting and Alderman Jette, you are
recognized to speak.

Alderman Jette

Ok, thank you very much. So the reason for this amendment is that the Conservation Commission and
Sarah Marchant, Community Development Director wanted to reserve an easement around the pond, Edge
Ville Pond, or also Known an (inaudible) Pond which is located on this lot that we are conveying. And the
plan outlines the dimensions of the easement, however, the Resolution and the description on the
Purchase & Sale Agreement did not reserve that easement. So | thought for clarification it should be made
clear that we are reserving that conservation easement. | reviewed this with Deputy Corporation Counsel
Leonard who provided the language that | just read to you. She also spoke to the buyer who has agreed
that the conveyance would be subject to this easement. Director Cummings is also aware. | haven’t heard
one way or the other from him. | don’t think he has any problem with this. So! would ask that we adopt
this amendment.

Vice President O’Brien

Thank you, Alderman Jette. Is there any further comment on the Jette amendment? Alderman Dowd?
Alderman Dowd

| just wanted to say Alderman Jette that’s a very good catch and I’m glad you made that catch and | will be
supporting the addition, | think it’s important that we provide that protection on the wetland.

Alderman Jette

Thank you.

Vice President O’Brien

Thank you, Alderman Dowd, any other further comment on the Jette amendment?

Alderman Caron

Yes, Alderman O’Brien?

Vice President O’Brien

Yes, recognizing Alderman Caron.

Alderman Caron

Yes thank you. | also agree with that amendment, | thought it was already part of the project because there

was some talk aboutit. So think that’s great Alderman Jette that you brought it in as an amendment and |
will support it.

Board of Aldermen 09-22-2020 Page 20

Vice President O’Brien

Ok, thank you, any further comments on the Jette amendment. Seeing none, would the Clerk please call
the roll, by rollon the Jette amendment please, adopting the Jette amendment.

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
Vice President O’Brien

And | welcome back our President, Alderman Wilshire. What we have now before us for you to bring
before the Board is R-20-059 as amended.

MOTION BY ALDERMAN TENCZA FOR FINAL PASSAGE OF R-20-059 AS AMENDED, BY ROLL
CALL

A viva voce roll call was taken which resulted as follows:

Yea: Alderman O’Brien, Alderman Klee, Alderwoman Kelly, Alderman Dowd,
Alderman Caron, Alderman Clemons, Alderman Lopez, Alderman Tencza,
Alderwoman Lu, Alderman Jette, Alderman Schmidt, Alderman Laws,

Alderman Cleaver, Alderwoman Harriott-Gathright, Alderman Wilshire 15

Nay: 0
MOTION CARRIED

Resolution R-20-059 declared duly adopted.

R-20-062
Endorsers: Mayor Jim Donchess
Alderman June M. Caron
Alderman Richard A. Dowd
Alderman Thomas Lopez
Alderman Linda Harriott-Gathright
Alderman Jan Schmidt
Alderman Patricia Klee
Alderman Skip Cleaver
Alderman-at-Large Lon Wilshire
RELATIVE TO THE ACCEPTANCE AND APPROPRIATION OF $37,903 FROM THE UNITED
STATES DEPARTMENT OF JUSTICE INTO POLICE GRANT ACTIVITY -“2019 JUSTICE
ASSISTANCE GRANT (MULTI-JURISDICTIONAL)”
Given its second reading;

MOTION BY ALDERMAN HARRIOTT-GATHRIGHT FOR FINAL PASSAGE OF R-20-062, BY ROLL
CALL

Board of Aldermen 09-22-2020 Page 21
A viva voce roll call was taken which resulted as follows:

Yea: Alderman O’Brien, Alderman Klee, Alderwoman Kelly, Alderman Dowd,
Alderman Caron, Alderman Clemons, Alderman Lopez, Alderman Tencza,
Alderwoman Lu, Alderman Jette, Alderman Schmidt, Alderman Laws,

Alderman Cleaver, Alderwoman Harriott-Gathright, Alderman Wilshire 15

Nay: 0
MOTION CARRIED

Resolution R-20-062 declared duly adopted.

R-20-063

Endorsers: Mayor Jim Donchess

Alderman June M. Caron

Alderman Patricia Klee

Alderman Richard A. Dowd

Alderman Thomas Lopez

Alderman Jan Schmidt

Alderman-at-Large Lon Wilshire
RELATIVE TO THE ACCEPTANCE AND APPROPRIATION OF THE SUM OF $37,500 FROM THE
STATE OF NEW HAMPSHIRE, DEPARTMENT OF SAFETY, “STATE HOMELAND SECURITY
GRANT PROGRAM”, INTO POLICE GRANT ACTIVITY, “2019 HOMELAND SECURITY GRANT
PROGRAM”

Given its second reading;

MOTION BY ALDERMAN KLEE FOR FINAL PASSAGE OF R-20-063, BY ROLL CALL
ON THE QUESTION

President Wilshire

Discussion on that motion? Alderwoman Lu?

Alderwoman Lu

Thank you. |just don’t understand do these grants come in unexpectedly after the Budget passes. So this
is just an unexpected $75,000.00?

President Wilshire

No grants are kind of on a rolling basis. Some of them are annual. Some of them every two years and
they don’t go by our Fiscal Year or our Budget at all. They apply for these grants and they are granted
whenever the grantor decides to approve them. So yeah, we don’t always know when we are getting
these. You know, we apply for them, they come in when they come in.

Alderwoman Lu

Thank you.

President Wilshire

You're welcome. Any further discussion? Seeing none, would the Clerk please call the roll?