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Board of Aldermen 5-26-2020 Page 23

Alderman Clemons

Ok, | guess listening to the conversation my concern is that some people have a concer that is legitimate
that we don’t want too many groups rushing to do this all the time. | don’t have a problem with fireworks in
general. | think the City of Nashua does a good job regulating them as far as the legal ones go. So ifa
group were to come forward and they were to go through this process, | have all the confidence in the world
that the fire department would put on a safe display and everything like that. | don’t have any concerns about
that and | would hope that most of my colleagues would agree. | think what the issue seems to be is the
amount of fireworks that could possibly happen and the length of time and things like that. So with all of that
said, | am going to support this Ordinance as it is written tonight so we can have BG do their graduation with
the fireworks. And | am going to hope that we don’t get a lot of applications between now and the next time
we can bring Legislation forward and then hopefully we can come to some sort of compromise. Because |
think it is a good idea to allow a limited number of groups to do these types of displays, not all the time. But |
don’t see personally anything wrong with a fireworks display here and there after a Holman Stadium
Baseball Game, stuff like that. If there’s a big celebration and there’s room to do something, | think we
should allow or try to allow groups to do this. But! certainly understand the hesitation that we don’t want to
open up the flood gates either. So for now | am going to go with supporting this and basically echo what
Alderman Lopez had said, which is let’s do this tonight and then we will get some Legislation later to tighten
it up. Thank you.

President Wilshire

Without objection, | understand that Chief Rhodes has joined us and would like to weigh in on the
conversation. Chief Rhodes?

Fire Chief Rhodes

Good evening and thank you Madam President, can you hear me? Yes, this is not something that the Fire
Department takes lightly. Our Fire Marshall has surveyed the site at Bishop Guertin. It falls within the
parameters of the State as well as City Ordinances for a safety zone. | cannot speak to the notification of
abutters, but | can speak to the safety of the site. There are very, very few sites in the City of Nashua that
have the square footage that would accommodate a Class C or Consumer, | forget the exact term
Consumer Grade or whatever it is called type fireworks. But | also believe that there are very few entities in
the City of Nashua who could meet the assurance requirements to hold an event like this. We are
comfortable with this from a public safety standpoint because we do have the area, safely discharge those.
We will, as we do with events at Holman Stadium, we will have a Fire Department presence on scene, our
Fire Marshall will be on scene and will inspect the set up. Just to reiterate, this is not something that the
average citizen could request and meet all the requirements to do this. Thank you.

President Wilshire

Thank you Chief. | have Alderman Lopez.
Alderman Lopez

No you don’t. | never said anything.
President Wilshire

So you're all set Alderman Lopez, I'll cross you off. Alderwoman Lu?

Board of Aldermen 5-26-2020 Page 24
Alderwoman Lu

Thank you very much Madam Chairman. Besides the safety, we have a lot of experts right here on the
Board that can speak to many years of experience on the safety that can be assured. But we have to
consider the nuisance of the noise to neighbors. This is a brand-new initiative. | could always be certain
that | would have fireworks in my backyard and there are people who are very sensitive to these kinds of no
noises; there are children and there are animals. So | understand what Chief Rhodes, his point is well
taken, actually it would be a very infrequent occurrence, that would be great. But if not, how would anyone
know whether the noise that they are hearing down the street is permitted firework or non-permitted firework
and how would an ordinary resident be able to protect themselves against the nuisance and noise when
they don’t know what permits have been issued and it just seems to get confusing. Thank you.

Alderman Klee

Thank you, Madam President. One of the questions if Chief Rhodes is still there perhaps, he could answer
These will always be this Class C — they will never be the big ones that we see at Holman Stadium, correct?

President Wilshire

Steve?

Chief Rhodes

| believe, even the fireworks we see at Holman Stadium are classified as Class C or Consumer Grade.
Alderman Klee

OK, | guess my concer is a little b it of the nuisance, I’m not quite sure how I'll vote, I'll know in a few
seconds. But | have to be very, very specific here that the calls that | get from my — for the illegal ones, |
know they are illegal, which are quite loud, | have had them set right off at the end of my driveway from
neighbors and so on, is what it does to our PTSD Veterans, what it does to just neighbors in general, what it
does to children, what it does to animals. | do respect the fact that Chief Rhodes said that it is probably not
going to be as widespread as we think it is going to be and | did feel much more comfortable with that. Now |
am kind of going towards the other way. But | do have to say that | am worried about what this will do to the
current Ordinance. We have a hard enough time telling people, “No you can’t do it, it’s illegal’. They don’t
believe you; no matter how much you show the Ordinance they are going to do it anyway. I’ve said enough,
thank you.

President Wilshire
Alderman Gathright.

Alderman Harriott-Gathright

Thank you, Madam President. | am going to vote for this and | am really excited and happy that the Chief
was able to get on the phone to give us some clarity as to the process and all that the fire person goes
through to ok something like this. | do believe that it does need to come back to Committee. | am willing to
vote for the school to have the fireworks on the 31%, | think it was the 31. But | would like to see It come
back if people wanted to do some more vetting about fireworks going forward.

President Wilshire

Alderman Gathright it is May 31* with a rain date of June 1°, just so you are aware. Alderwoman Kelly?

Board of Aldermen 5-26-2020 Page 25

Alderwoman Kelly

| was trying to find our 4" of July Ordinance while everyone was speaking. | am just wondering why it is not
specific to the day like the 4" of July one is that we have to do every year?

President Wilshire

I’m not sure what your question is?

Alderwoman Kelly

Everybody says “what”. Each year we have to approve the 4" of July Fireworks, correct?
President Wilshire

Yes.

Alderwoman Kelly

And it is specific to the date. Is there any reason why this Legislation was not drafted the same way, that it
would just be the one time?

President Wilshire
| would have to defer to Corporation Counsel.

Attorney Bolton

| don’t see where it says in the existing Ordinance that the Board of Aldermen approve it every year. |
basically wrote an amendment to the existing Ordinance.

President Wilshire
What we approve is the funding.

Alderwoman Kelly

Ok, | guess | am also referencing other times when we have waived the ability to do it after 10:00 pm etc. |
am just wondering why this is different than other times when we’ve made a one-time allowance.

President Wilshire
Yeah, | don’t know.
Alderwoman Kelly
Ok.

President Wilshire

Alderman Klee?

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

In reference to Alderwoman Kelly’s comment, | think in the past what we voted on is the time, going beyond
that 10:00 time zone because there’s been a game or something like that that could extend it. And | think
that’s why we had to do it. And in the past, it’s always been the City that has been putting it on, it’s not a
private entity and a private organization so | think that’s why we have voted on it for the cost and the time to
suspend the time. And we’ve done a public hearing | think and so on in some cases. | believe that’s what it
was.

President Wilshire

Anyone else?

Alderman Caron

President Wilshire?

President Wilshire

Yes, Alderman Caron?

Alderman Caron

Yes thank you. In thinking what Alderwoman Kelly has just said, through you to Corporation Counsel, why
can’t we make this amendment for a one-time only so that BG can do this and then wait and send this
Ordinance back to Committee so that they can look at it and really put some good wording in there for future
requests that come down the line. At least we will have taken care of BG for the moment but it is gone and
then we can work on it for later. | just think we are going to get overwhelmed with requests. And | appreciate
Chief Rhodes comments, because | know how they do their due diligence with fireworks but you also have
those people, as Alderman Klee mentioned, that do things even though they are not supposed to. So that’s
my question, if we could just say, this is for BG one time and then go forward, | would not have a problem
voting for it, Thank you.

President Wilshire

Attorney Bolton.

Attorney Bolton

You can do that if you want. | will tell you that | would be very concerned if another religious organization
came before you and you turned them down. | would be very concerned.

President Wilshire

Anyone else? Alderman Jette.

Alderman Jette

So following up on that, Madam President, could | also ask Attorney Bolton if what is before us tonight were
limited in time to for an example, June 2". Would he be concerned about that violating the non-
discriminatory portion of the Constitution that he’s worried about?

President Wilshire

Attorney Bolton.

Board of Aldermen 5-26-2020 Page 27

Attorney Bolton

| don’t think you would be fooling the American Civil Liberties Union or a Federal District Court Judge at all.
It’s not so much this time, it is what happens next time, when a Jewish Organization is turned down, or a
Hindu Organization is turned down, or a Muslim Organization is turned down. That’s what | would be worried
about. | don’t think some kind of short window just to allow Bishop Guertin to do it is going to fool anybody.

Alderman Jette

OK follow up. I’ve never had any good experience fooling a Federal Judge and | don’t want to try now. | just
want to answer some of things, some of my fellow Aldermen may have misunderstood what | was saying
about the Fire Marshall, not having the discretion to turn anyone down, other than if he feels that what they
are proposing is unsafe. | understand the Fire Department, you know Chief Rhodes, you know | understand
how seriously they take the safety and that’s not the issue. The issue is that generally speaking this
Ordinance the issue that people, | think, a lot of people don’t like the noise. It’s the noise that is the problem.
| am sure that the Fire Marshall will make sure that any display complies with all of the safety rules, it’s the
noise that irritates people. And when Chief Rhodes talked about how this would be limited because
organizations cannot afford the insurance, | want to point out to him that the insurance policy that is being
provided in this instance is being provided by the fireworks company, not Bishop Guertin, it’s the fireworks
company that has submitted the Certificate of Insurance to cover the insurance. That fireworks company,
you know, they have insurance in place, and they would be able to issue that same Certificate of Insurance
for as many organizations that area willing to pay them to put on a fireworks display.

| just think that the problem with this is that there are a lot of questions. | like the idea of some of my fellow
Aldermen talked about, you know, let’s bring this back to Committee and fully vet it, but we will allow it to go
head to allow Bishop Guertin. I’m just, that doesn’t take into account that citizens in that neighborhood, that
surround Bishop Guertin, we don’t know, hopefully they are all looking forward to this show if they know
about it. They probably don’t know anything about it. We didn’t know about this until this afternoon. So |
doubt that the people in that neighborhood, | would love to learn that Bishop Guertin itself went around and
talked to the neighbors and told them about their plans and asked them what their reaction was. | would
love to hear that. But right now, | don’t know that, | don’t know how the neighbors feel about this. And | just
think it is a bad precedent which just files in the face of a number of years of policy that we’ve had in Nashua
about fireworks displays and fireworks shows. So | still can’t vote for it, thank you.

Alderman Lopez

Well just in respect to the comments that just made, since we are the ones granting a permit in theory here,
it would probably be appropriate for the City to alert using the Emergency Alert System or some kind of
mechanism to inform residents that this is going on. Because you don’t want to startle them, but it’s also an
8-minute show. | think if people had a little bit of warning, they could probably endure it. | had a question to
Attorney Bolton; do you happen to know if Bishop Guertin is a 501(c)3?

Attorney Bolton

| don’t know that. | think they are probably exempt from taxes under other provisions of the law. But! don’t
know.

Alderman Lopez

| just had the idea that we maybe we could limit this to 501(c)3, that way we sidestep the whole religious
organization angle. But in a practical sense, trying to find out if they are a 501(C)3, doing all that in a week
is not likely to happen. So just an idea.

Board of Aldermen 5-26-2020 Page 28
President Wilshire

Are you all set, Alderman Lopez?

Alderman Lopez
Yup.

President Wilshire
Alderman Klee.
Alderman Klee

| have been sitting here thinking and going back and forth and saying | trust our Fire Department and so on.
| have anxiety about opening up a Pandora’s Box. | think | have to vote “no” against this. And in deference
to Alderwoman Lu and her constituents there. | know what it is like to live with Holman Stadium in your
backyard and the fireworks display and so on and what it does to some of the neighbors. My fear is that
someone would say, we want to do a fireworks display and can we have it at Holman Stadium. It’s a big
enough place, we always do it there and so on. | really do, | have anxiety that this is going to end up literally
in my backyard and | can’t see it. | feel horrible because | want these kids to have a wonderful, special, they
are truly, truly a special group of graduates, but | just can’t do it. | can’t open up that Pandora’s Box and |
know Ward 3 will suffer for it because | know it will happen at Holman Stadium, | just know it. So | can’t vote
for it. Thank you.

President Wilshire
Anyone else? Alderman Clemons?
Alderman Clemons

Thank you. | too am a resident of Ward 6 and | live right down the street from BG, | drive by every day. |
saw them kind of setting up this afternoon. | think what Alderman Lopez said about maybe using the
emergency management system to call people or just somehow getting in touch with the neighborhood |
think would be a good idea. As a neighbor, | am kind of exciting for it, | might even go down and watch my
show myself if we do allow this. So just one Ward 6 constituent perspective.

President Wilshire
Anyone else? Alderman Klee.
Alderman Klee

| guess | have two comments about what was just recently said. One is, if we do send an emergency call
out there it is still after the fact; we are telling them to prepare themselves for it for this thing to happen, and
that’s one. And just what Aldermen Clemons just said, | may go out and watch it myself, which means we
could end up with a crowd. So just putting it out there again, thank you.

Alderwoman Kelly

Thank you and | appreciate the debate on this. | currently am struggling with supporting this right now and in
its current state, | don’t know feel OK supporting it. | don’t want to be punitive to the students, | know it has
been a rough number of months for a lot of people. But | want to make sure that if we are making sweeping
changes to Legislation that is being vetted and is being vetted properly through the process. | think there’s a
difference between suspending the rules to get aid quickly to people and suspending the rules in this case,

Board of Aldermen 5-26-2020 Page 29

to open up as has been said, a Pandora’s Box in this City going forward. So | will not be supporting it in this
current state. But | am open to suggestions from other Aldermen.

President Wilshire

Anyone else? Alderman Cleaver?

Alderman Cleaver

Yes, | am very much in favor of this. | would like to see it passed so they can go forward with their
celebrations. | agree that it needs a lot of work and | would like to bring it back just as soon as possible to
address all the fears and concerns that have been addressed here tonight. But! think our first and foremost

responsibility is for us to get these kids a graduation and a celebration worthy of their efforts. And | would
like to pass it on and then deal with it later.

Unidentified Speaker

Sorry to interrupt but we have lost the bridge, this could be a minute.

Alderman Caron

Hello?

President Wilshire

We are recessed for a minute until they fix the bridge. The Motion is to move the question.

MOTION BY ALDERMAN CLEMONS TO MOVE THE QUESTION

A viva voce roll call was taken which resulted as follows:
Yea: Alderman O’Brien, Alderman Klee, Alderwoman Kelly, Alderman Dowd,
Alderman Clemons, Alderman Lopez, Alderman Tencza,
Alderman Schmidt, Alderman Laws, Alderman Cleaver,
Alderwoman Harriott-Gathright, Alderman Wilshire 11
Nay: Alderman Caron, Alderwoman Lu., Alderman Jette 3
MOTION CARRIED
President Wilshire
Madam Clerk, are we at motion for final passage?
Ms. Lovering
Yes.

President Wilshire

OK the motion before us is for final passage of Ordinance 20-019 by roll call. Would the Clerk call the roll?

Board of Aldermen 5-26-2020 Page 30
A viva voce roll call was taken which resulted as follows:
Yea: Alderman O’Brien, ,Alderman Dowd,

Alderman Clemons, Alderman Lopez, Alderman Tencza,

Alderman Schmidt, Alderman Laws,

Alderman Cleaver, Alderwoman Harriott-Gathright, Alderman Wilshire 9

Nay: Alderman Klee, Alderwoman Kelly, Alderman Caron, Alderwoman Lu,
Alderman Jette 5

MOTION CARRIED
Ordinance O-20-019 declared duly adopted.

PERIOD FOR GENERAL PUBLIC COMMENT - None

REMARKS BY THE MEMBERS OF THE BOARD OF ALDERMEN

Alderman O’Brien

Thank you, Madam President. | was going to apologize for my little outburst earlier but | am not. And the
reason is because those of you who are (inaudible) know, a conflict of interest is a lot different, a lot wider
than what exists on this Board. | know that this is highly prejudicial, | wonder if my son was a priest, could |
have voted on this last Ordinance because it has to do with a Catholic Organization? The point is this, | did
not (inaudible) my son’s (inaudible). | am capable | am responsible to the voters who have duly voted for
me. And if | do vote wrongly, | think the voters will have their say at the polls if they feel that there is
anything showing any type of conflict. So | am not going to really apologize, | am going to fight it, | will look
to prepare an Ordinance following more what is following on the State Guidelines, that many of you who
are former Representatives, who are currently State Representatives, currently follow in the State House. |
think we are all mature, | looked at some members of the Board, some of you came from other Boards such
as School Department. But you show no prejudice.

But this Ordinance, excuse me, this thing where | can’t and | have to recuse myself | think is highly
prejudice to me and to the voters who duly elected me. | am a fair guy, | think | could do it right and, in all
fairness, | think with the Fire Department, yeah that is my experience. | spent 10 years as a firefighter, 10
years as an Officer and 15 years as a Deputy Fire Chief. So 35 years, | think | paid my dues and | think
what is good and what is bad within the Fire Department. But this is limiting my ability to vote for it. And
also, too — in the Mayor’s remarks, | did note that | think the Mayor probably without any malice and I’m
sure it was without any malice but he said “17% at 4% for four years”. But from what | understand and from
my education and my experience on the Fire Department, | think it is actually and correct me if | am wrong,
3.5% at 14%. | don’t think | would have supported a 17% raise but the 14% seems to be accurate and
maybe the Mayor misspoke.

Attorney Bolton | am looking to perhaps maybe working with you in the future to change this inequity that is
prejudicial to anybody in the future that comes. Just because of what my son chose to do for a career that |
cannot vote, | find it entirely prejudicial and | am looking to change that. And then also too, while I’ve got
the floor, while we are changing some other really ideas and things that have happened in the past, | am
really looking forward to working with Alderman Ben Clemons if he so wishes. We’ve got to fix this
umbrella thing down on Main Street. | don’t know (inaudible) when we walk by Peddler’s Daughter that you
are going to see a Guinness Umbrella. OK? And | think that could be done, | mean | think anybody knows
that they are working by a barroom, | don’t think an umbrella is really going to cut the mustard there. So |
think we really need to look at that. So | thank you for your time in listening to my little diatribe, thank you.

SANBORN HEAD 20 Foundry Street

Building Trust. Engineering Success. Concord, NH 03301

Mr. Jeff Lafleur April 7, 2021
Solid Waste Superintendent

Nashua Division of Public Works, Solid Waste Department

840 West Hollis Street

Nashua, NH 03062

Re: — Revised Proposal for 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 proposal to provide design and permitting services associated with the Phase
II] Stage 2 expansion at the Four Hills Landfill in Nashua, New Hampshire. As you are aware,
the City received permit approval for Phase II] on December 5, 2018 from the New
Hampshire Department of Environmental Services (NHDES). The approval included several
conditions related to Stages 1 and 2 of the proposed design. Sanborn Head worked with the
City to meet the Stage 1-specific permit conditions to complete construction and obtain
operating approval of the new phase. Now that Stage 1 is operational, the City requested that
Sanborn Head prepare a proposal to satisfy the Stage 2 conditions.

For clarity, the permit conditions included in the December 5, 2018 NHDES approval letter
specific to the design and permitting of Phase II] Stage 2 are reproduced below:

(10) Prior to filing the notice of intent to construct for Phase III Stage 2, the permittee shall
obtain approval from NHDES of final design plans submitted in accordance with Env-Sw 315.
The final design plans shall be prepared based on the approved preliminary plans identified in
Condition (7)(a), with the following changes and additional information:
(a) Revised design calculations, and construction documents as appropriate, for the
zigzag liner anchor trench design based on ultimate settlement;
(b) Revised construction documents to include the following:
1. Design details for transition from the zigzag liner to Phase II; and
2. Design details and other construction drawings as needed to show how the
zigzag liner system and associated landfill components will be constructed at the
reflex angles between Phase II and Phase III.
(c) A zigzag liner inspection, monitoring and maintenance plan, to be appended to both
the operating plan and closure plan in accordance with Conditions (18) and (19) herein,
that includes:
1. Protection protocols during construction and filling operations;
2. Inspection and testing protocols prior to causing any part of the zigzag liner
system to become inaccessible for inspection and repair;

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

Board of Aldermen 5-26-2020 Page 31
President Wilshire

Thank you, Alderman O’Brien, Alderman Tencza?

Alderman Tencza

Thank you, Madam President. | just wanted to mention as we know yesterday, we celebrated Memorial Day
as a day we recognize and remember all the service members we have lost in service to our country. In
the past, the Nashua Elks have displayed flags as a memorial in all the City Cemeteries for the veterans
who are there. Unfortunately this year because of the COVID-19 they were not able to do that and | just
wanted to recognize the group that was headed by Jackie Leonardi here in town and the Cub Scouts and
Boy Scouts that she works with in both fundraising to supply the flags and distributing them yesterday or
over the last weekend so that service could still be available to all the veterans and service members that
have been lost.

| also just wanted to say to the families in town who have lost a service member, thank you for your
sacrifice and as we start this unusual summer, you know, we will remember them in all of the things we can
be thankful for individually as we move forward. Thanks.

President Wilshire
You're welcome. Alderman Dowd?
Alderman Dowd

Yes, just a couple quick things. Sunday | was curious, | just took a ride downtown to see how the new set
up was looking and all of the restaurants, large and small, were fully seated at all their tables. All the
servers were wearing masks and people were having a great time. | am glad to see that the businesses
downtown now can recover some of the lost revenue. It may take a long time but it looked like people were
following the guidelines and enjoying themselves. Also, relative to the fireworks thing ending up at Holman
Stadium, if anybody wanted to use Holman Stadium, they would have to pay for the rent, they'd have to pay
the Police and they’d have to pay the firemen. So | don’t think that will be too often. And the other thing is
we have two Public Hearings on June 10" with the two Ordinances and one of them is the Fireman’s
Contract. We will have the Public Hearing and then go directly into the Budget Meeting afterwards and
take up those two pieces of Legislation. Also, on June 2, we will have our first wrap up session on the
Budget and if we don’t get anywhere, the next one will be the 4" and then we have, | believe, another one
the following week. So hopefully we can do it in one night but we will see where we are at. Thank you.

President Wilshire
Alderman Klee.
Alderman Klee

Thank you, Madam President. | wanted to also comment about the umbrellas. Over the weekend | was
bothering Attorney Bolton with my e-mails asking him why we couldn’t do this, and so on. | hope we can
work towards that if there’s an Ordinance | am more than happy to cosponsor that. | drove through
Manchester on Monday and every single place that was open had the umbrellas with different types of
liquors and beers and Guinness etc. on it. So | didn’t think it was detracting and under the circumstances,
to help support these businesses at $100.00 an umbrella and they can be donated, | think it’s the right
thing.

| also did want to talk about Main Street. | have been working with the United Way in giving out masks.
They have been doing City Hall up until today. Today they started City Hall and Railroad Square and they
will be there until the 31°", 10:00 to 2:00 every single day. | gave a record 1,250 masks away on Friday and