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Board of Aldermen 5-26-2020 Page 5

We have, right now, we have more than 8,000 people who filed unemployment claims in Nashua.
Unemployment claims and they are out of work. Those are just people who are working for New Hampshire
businesses. The people who are out of work who had been working in Massachusetts are not included in those
numbers, so conservatively we can say that right this second there are 10,000 people out of work right in our
community.

Now the full economic effects of that have not been felt yet, because the Federal Government in spending what
trillions of dollars is providing, one thing they are trying to do, one thing that is a good thing that they are trying
to do is provide $600.00 per person, per week for all the unemployed people. But that ends soon. That ends in
July. We don’t know what we are facing down the road from that. Many cities around New Hampshire actually
and around the country are actually laying off and furloughing employees. We have been lucky to avoid that so
far. But we need to contain costs and be cautious as we go into the next year and years that follow. All the
people, all the economic experts here in New Hampshire, those who understand the New Hampshire Property
Tax, predict that the major impact will not be now, or even especially in the first part of Fiscal ‘21 but will be in
the year further on into the year and Fiscal ’22 and ’23. If we build non-sustainable budgets, that drive a
Department up basically 17% in two years, | just don’t think that’s, | Know that we cannot sustain that and that
we cannot afford the kind of tax increases that would result.

We know that others will be looking for the same kind of contract if it is granted to one employee organization.
And again, Madam President, | mean | know that we as a group, | know the Board of Aldermen have many
personal friends that are firefighters. We have had a good relationship with them over the years. | don’t like
having to say this, but | believe it is my responsibility to the entire community to do so. We cannot build non-
sustainable budgets that we just can’t support in the years to come. So | don’t want to elaborate further, but |
wanted to be forthright, put it on the table right at the beginning and let you know what | believe the picture
facing the City is. | know that if we work together, if we continue to right the virus, if we support the business
community as we have been doing, if we help the small businesses recover, maybe we won’t see — hopefully,
we pray we won't see a big decline in property values or that most people will get back to work quickly and the
strong economy that we had some months ago, pre-COVID19 will return. But we don’t and | am confident that it
will, but we don’t know when. It might take a while. So | want to be optimistic but | think we need to realistic and
cautious. In any event, Madam President, that’s what | have for you and | would be, of course, willing to answer
any questions if anybody has any.

President Wilshire

Thank you, Mayor. Responses to Remarks of the Mayor? Seeing none? Recognition Period.

RESPONSE TO REMARKS OF THE MAYOR - None

RECOGNITION PERIOD - None

READING MINUTES OF PREVIOUS MEETINGS

There being no objection, President Wilshire declared the minutes of the Board of Aldermen
meetings of May 12, 2020 and May 20, 2020 accepted, placed on file, and the reading suspended.

COMMUNICATIONS REQUIRING ONLY PROCEDURAL ACTIONS AND WRITTEN REPORTS
FROM LIAISONS

From: Laurie Ortolano
Re: Assessing Concerns and the Hiring of a Chief

From: W.R. Sutton
Re: Budget

Board of Aldermen 5-26-2020 Page 6

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Robert Guzas
PAC project

Laura Colquhoun
Need to put a hold on the Art Center

Laurie Ortolano
Pandemic muzzling of the public

Laurie Ortolano
Misapplied Mason Rules are used against the public

Jim Tullis
Outside renovations of the Arts Center

Donald C. Davidson, Board of Fire Commissioners
Board of Fire Commissioners Approval of the IAFF Local 789 CBA

Sue Newman
Ordinance O-20-018

Kim Kleiner, Administrative Services Director
Administrative Services Division/Nashua School District - Response to Budget Review
Questions — Grant Writer

Dave Winchester
Proposal for mandatory face masks

Adam A. Marcoux, President, Nashua Teachers’ Union
Approve the Board of Education’s Request for a 2.25% increase in the FY2021 Budget

Joshua Twohig
Mask Mandate

Linda McGhee, Deputy Planning Manager
Referral from the Board of Aldermen on proposed R-20-028, authorizing the City of Nashua
to enter a Master Development Agreement with Lansing Melbourne Group, LLC.

Linda McGhee, Deputy Planning Manager
Referral from the Board of Aldermen on proposed R-20-033, authorizing the Mayor to
execute a confirmatory deed to Pennichuck Water Works

Tammy Cates
AGAINST mandatory mask requirement

Marcy Norse
Masks

Board of Aldermen 5-26-2020 Page 7

From: Matt Sexton
Re: Face masks

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

Alderman Klee?
Alderman Klee

Thank you very much. Madam President, there is one communication there for Mrs. Laurie
Ortolano relative to the pandemic muzzling. I’d like to either have it be resubmitted with signature
from the sender or to make note that Mrs. Ortolano said that she, in fact, was the author of the blog
that she referenced.

President Wilshire

OK, well | move to accept all communications and place them on file except for that one.
Alderman Klee

Thank you very much, | appreciate that.

President Wilshire

You're welcome.

PERIOD FOR PUBLIC COMMENT RELATIVE TO ITEMS EXPECTED TO BE ACTED UPON THIS
EVENING - None

The public has access to contemporaneously listen in to this meeting through dialing the
following number 978-990-5298 and using the password 273974. The Public may also view this
meeting on Comcast Channel 16.

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

You may also submit your comments via e-mail which will be accepted and placed on file with the
minutes of the meeting. Please e-mail yourcomments to: BOA@nashuanh.gov

President Wilshire

Alderman Jette?

Alderman Jette

So as | understand it, the correspondence that was referred to by Alderman Klee, you were asking if there
was no objection that all of that list of correspondence that you read would be accepted and placed on file

and the reading waived. Alderman Klee objected so there’s an objection, so if | could ask Attorney Bolton,
does that mean that the proper step now is to vote on whether or not to accept that communication?

Board of Aldermen 5-26-2020 Page 8

Attorney Bolton

The way | recall what occurred, the Clerk read all of the communications and before the President did
anything, Alderman Klee raised some concerns about one of those communications. The President
indicated that she would exclude that from the ones she would accept and place on file. She has indicated
that all of the others, unless there’s an objection, would be accepted and placed on file. | think the
appropriate thing at this point in time, is that if anyone has objections to any of the other communications
they be raised. If not, there is one communication that is still unaddressed. So people could, any member
of the Board could move that be accepted, could move that anything else be done with it, it could be
referred to a Committee. It could be responded to in an appropriate way. But before you now is the
President’s indication that she will accept and place on file all of the other communications. So the most
immediate thing facing you is whether anyone objects to any of those communications.

Alderman Jette

| have no objection to any of the others. | thought you had said if there was no objection, they would all be
accepted, except the one referenced to by Alderman Klee. So | guess | would like to make a motion that
that communication also be accepted and placed on file and the reading waived.

MOTION BY ALDERMAN JETTE TO ACCEPT MRS. ORTOLANO’S COMMUNICATION BE ACCEPTED
AND PLACED ON FILE WITH THE READING WAIVED

ON THE QUESTION

President Wilshire

Further discussion on that Motion? Alderman Klee.
Alderman Klee

Thank you, Madam President. My objection to this particular is that it very specifically states, please
include this Blog, and goes on to print the Blog that was there. | believe that the Blog was, in fact, written
by Mrs. Ortolano, | asked her, the comment to the effect that it was. However, this is going into the public
record. If the public were to pick this up, they could it was nothing more than a Nashua Telegraph article,
rather than someone’s personal opinion, the person that in fact is asking for it to be there. | just want to
make sure that this communication when it goes in, anybody reading it now or in the future, understands
that this was, in fact, written by Mrs. Ortolano. It is not signed on the bottom as if it is hers. It is nowhere
said “this is my Blog” and this is why | object to it. | have no problem, once she indicates that this is her
Blog for the Public Record to have it put into the file.

President Wilshire

Do you have anything further Alderman Jette?

Alderman Jette

So if she admitted that it was hers, can’t we just note that it was from her? | mean this is just a
communication from a person in the public it doesn’t mean that anything in it is accurate or inaccurate or

true or untrue. The public has a right to communicate. | just don’t understand why we would exclude that.
But | would, | see you have your hand up so I'll wait and hear what you’ve got to say.

Board of Aldermen 5-26-2020 Page 9
Alderman Klee

Thank you very much and | don’t disagree with you Alderman Jette. The public has the right to put into the
public record any of their opinions and so on. | just want it to be noted that the opinion of the Blog is, in fact,
that of Mrs. Ortolano and that it was not a third party. It wasn’t something perhaps that was written by the
Nashua Telegraph or the Manchester Union or any other, even a third-party Blog. | very specifically asked
her who is the author of this. Her comment to me, in an e-mail, was you know that it’s me. | did not know
that it was her and if it were her, | don’t understand why she didn’t specifically state, “I would like to have
my Blog put into the public record”. And that’s my objection and | apologize.

President Wilshire

Alderman Lopez and then Alderman Schmidt.

Alderman Lopez

Yeah, | just wanted to double check with Attorney Bolton’s opinion on two different questions. The first is if
we do refuse to accept the communication can we stipulate what goes in there, because it seems like this
is just Mrs. Ortolano’s comment so It should just be accepted as coming from her, regardless of its voracity.
But then the second thing is if we did either refer this to Committee or hold it until the next meeting to allow
her the chance to elaborate on it, it is still already in tonight’s Agenda, it would still be included as part of
that so as an end result she just has her comment (inaudible)?

Attorney Bolton

| think Alderman Lopez is correct in everything he said.

Alderman Lopez

Can somebody make a note of that?
Alderman Schmidt

Thank you, Madam President. Whenever somebody writes to me, | always write back. If they have not
included their name and address, | think that’s essential only because in the days before the pandemic we
had people come to speak with us who had to give us their name and their address. Very simply | don’t
think we should accept anything that comes to us unless they have identified who they are and where they
live. It is just simple rules that we have followed since | began. | don’t care if it gets includes this time or
not, it’s pretty clear that it is hers, she sent it to us. | don’t have a problem with it but | really think that we
should vet the e-mails that come to us to be assured that they are from someone in our City. Thank you.

Alderwoman Kelly
| didn’t have my hand up if that’s what you thought.
President Wilshire

Oh | thought you did, I’m sorry. Alderwoman Lu.

Board of Aldermen 5-26-2020 Page 10
Alderwoman Lu

Thank you, Madam Chairman, the way it looks to me is that a resident in Nashua who either wrote or saw
something that they feel that they would like to come to our meeting and read, they feel that it is relevant. |
don’t know that is germane to our decision whether it was her idea or someone she knows. She would like
to have read it before us and | think that’s all that matters.

Alderman Klee

Thank you, Madam President, | am willing to remove my objection as long as we make note in the record
that this Blog was, in fact, written by Mrs. Ortolano.

President Wilshire

Well it’s going to be in the minutes now because you’ve discussed it.

Alderman Klee

Fine by me, thank you very much.

Alderman Dowd

| assume that there’s not a link, that it is something that is just written in the letter. Ok because if there
were a link, | would have an objection to it because then we can’t control where the link would take public
to. | have no problem with accepting the communication as long it is indicated that the comments are from
the sender.

President Wilshire

OK, so the Motion now, Alderman Jette?

Alderman Jette

Well in view of the fact that Alderman Klee has withdrawn her objection, if | withdraw my motion, will it not
just be accepted and placed on file without objection?

President Wilshire

No, your motion is still in order because we already didn’t accept it. So your motion would be in order. The
question is to accept the communication, place it on file and suspend the reading.

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 Cleaver, Alderwoman Harriott-Gathright, Alderman Wilshire 1

Nay: 0

MOTION CARRIED

SANBORN HEAD 20 Foundry Street

Building Trust. Engineering Success. Concord, NH 03301

Mr. Jeff Lafleur December 8, 2021
Solid Waste Superintendent

Nashua Division of Public Works, Solid Waste Department

840 West Hollis Street

Nashua, NH 03062

Re: Budget Update to Provide Design and Permitting Services
Phase III Stage 2
Four Hills Landfill
Nashua, New Hampshire

Dear Jeff:

Sanborn, Head & Associates, Inc. (Sanborn Head) is pleased to provide the City of Nashua
(City) with this budget update to our original April 7, 2021 proposal (enclosed) to provide
design and permitting services associated with the Phase III Stage 2 (Stage 2) expansion at
the Four Hills Landfill in Nashua, New Hampshire. As described in our September 13, 2021
correspondence, the City partially funded this project by issuing a $20,000 purchase order
(PO 166533) for Sanborn Head to get started providing initial Stage 2 services. As described
in the original proposal, the total fee to complete these services is $86,000.

Based on the City’s request, Sanborn Head is providing additional budgetary costs with this
update to provide bid-phase services related to the project. As part of these services, Sanborn
Head’s bid-phase services shall include the following:

=» Preparing the bid documents (i.e., summary of work, schedule of values, and bid item
definitions);

=» Preparing for and attending/moderating the mandatory pre-bid meeting;
» Fielding and responding to contractor questions through written addenda;
s Assisting the City with any contractor interviews;

=» Reviewing contractor bids and provide selection recommendations; and

=» Coordinating with the City throughout the bidding process.

Based on recent discussions, we understand that City intends to bond the remaining funds
needed to complete the scope of the project.

BUDGET ESTIMATE AND BASIS OF BILLINGS

The estimated budget for Sanborn Head to complete the remaining scope of services
described above is $91,000. This fee represents the original fee estimate, less $20,000 for
the purchase order already issued to Sanborn Head plus an additional fee of $25,000 to
provide the requested bid-phase services. Billings for our services will be based on actual

SANBORN, HEAD & ASSOCIATES, INC. www.sanbornhead.com

Board of Aldermen 5-26-2020 Page 11

COMMUNICATIONS REQUIRING FINAL APPROVAL
From: Tim Cummings, Director of Economic Development
Re: Contract Award for Professional Engineering Services related to the Nashua Downtown Riverfront
Implementation Project to Hayner/Swanson, Inc.
MOTION BY ALDERMAN HARRIOTT-GATHRIGHT TO AWARD THE CONTRACT FOR
PROFESSIONAL ENGINEERING SERVICES RELATED TO THE NASHUA DOWNTOWN RIVERFRONT
IMPLEMENTATION PROJECT TO HAYNER/SWANSON, INC. IN AN AMOUNT NOT TO EXCEED
$24,000 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 Cleaver, Alderwoman Harriott-Gathright, Alderman Wilshire 14
Nay: 0
MOTION CARRIED

From: Mayor Jim Donchess
Re: Contract for Two Year External Audit Contract with Melanson Heath

MOTION BY ALDERMAN KLEE TO AWARD THE CONTRACT FOR TWO YEAR EXTERNAL AUDIT
CONTRACT WITH MELANSON HEATH (YEAR ONE COST IS $122,500 FOR FY2020 AND $125,000
FOR FY2021 BY ROLL CALL

ON THE QUESTION

President Wilshire

Discussion on that Motion? Alderwoman Lu?

Alderwoman Lu

Thank you. | am just uncertain, what is an external audit?

President Wilshire

It is done by an outside firm, in other words, it is not internally doing, so it is an outside firm coming in to do
that audit.

Alderwoman Lu

Is this something that we do every year.
President Wilshire

Yes.

Alderwoman Lu

Thank you.

Board of Aldermen 5-26-2020 Page 12

President Wilshire
You’re welcome. Any further discussion? Seeing, none, would the Clerk please take the roll?
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 Cleaver, Alderwoman Harriott-Gathright, Alderman Wilshire 14
Nay: 0
MOTION CARRIED
PETITIONS - None

NOMINATIONS, APPOINTMENTS AND ELECTIONS

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

Energy and Aggregation Committee

Robert Blaisdell (New Member Appointment) Term to Expire: May 31, 2023
24 Railroad Square
Nashua, NH 03064-2278

Lawrence Lutton (New Member Appointment) Term to Expire: May 31, 2023
47 Concord Street
Nashua, NH 03064

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

Human Affairs Committee... 00.0.0... cic ccc ccc cee cce cee cee cae aee verter eneteraeneueneneneners 05/11/2020

There being no objection, President Wilshire declared the report of the May 11, 2020 Human Affairs
Committee accepted and placed on file.

Budget Review Committee... ......... 0.0. etter tettt tities 05/13/2020

There being no objection, President Wilshire declared the report of the May 13, 2020 Budget Review
Committee accepted and placed on file.

Budget Review Committee... ......... 0.0. etter tttttttttttttieees 05/19/2020

There being no objection, President Wilshire declared the report of the May 19, 2020 Budget Review
Committee accepted and placed on file.

CONFIRMATION OF MAYOR'S APPOINTMENTS — None

Board of Aldermen 5-26-2020 Page 13

UNFINISHED BUSINESS — RESOLUTIONS

R-20-037
Endorsers: Mayor Jim Donchess
Alderman-at-Large Michael B. O’Brien, Sr.
Alderman Patricia Klee
Alderman June M. Caron
Alderman Linda Harriott-Gathright
Alderman Richard A. Dowd
Alderman Thomas Lopez
Alderman Skip Cleaver
AUTHORIZING THE CITY OF NASHUA TO ENTER INTO A CONTRACT WITH THE SOUHEGAN
VALLEY TRANSPORTATION COLLABORATIVE FOR TRANSIT SERVICES
Given its second reading;

MOTION BY ALDERWOMAN KELLY FOR FINAL PASSAGE OF R-20-037 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 Cleaver, Alderwoman Harriott-Gathright, Alderman Wilshire 14
Nay: 0
MOTION CARRIED
Resolution R-20-037 declared duly adopted.

UNFINISHED BUSINESS — ORDINANCES

O-20-017
Endorsers: Alderwoman-at-Large Shoshanna Kelly
AUTHORIZING FREE PARKING AT METERS AND PAY STATION SPACES THROUGH
NOVEMBER 15, 2020
(tabled at May 21, 2020 BOA mtg)

NEW BUSINESS — RESOLUTIONS

R-20-039
Endorser: Alderman-at-Large Lori Wilshire
Alderman-at-Large Michael B. O’Brien, Sr.
Alderman-at-Large David C. Tencza
Alderman Richard A. Dowd
AUTHORIZING PENNICHUCK CORPORATION AND PENNICHUCK WATER WORKS, INC. TO
ISSUE TAXABLE BONDS OF UP TO $75,000,000
Given its first reading; assigned to the BUDGET REVIEW COMMITTEE by President Wilshire