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Board of Aldermen 5-26-2020 Page 32

today 786 at Railroad Square. The majority of people were grateful to get these masks and it is for
anybody within the family, so please go to right in front of City Hall or Railroad Square. | was there watching
all of the things happening on Friday with them putting in barriers and so on. There was a little bit of chaos
and | have noticed some chaos on Water Street. That’s about the only thing | can say and | know that they
are working on it and they are going to be moving some of those barriers on Water Street — at the Water
Street/Main Street exit. But it was a beautiful sight to see and literally warmed my heard. So | hope that
people go down and celebrate with social distancing and masks on Main Street. Thank you.

President Wilshire
Alderman Gathright?

Alderman Harriott-Gathright

There’s a family, | think it is one of these location, Smokey Lane | believe that’s the area, the McCullough
family, Elmina, she lost her husband at St. Joe’s. He had been there for about a month and he finally
passed away on Sunday. My heart goes out to the family; they've been residents of Nashua for about 40
years. They have one adult son that lives in Manchester. His name was Roy McCullough. And that’s
about it. Thank you.

President Wilshire

You’re welcome. Alderwoman Kelly?

Alderwoman Kelly

| wanted to talk about a couple of things. So if you have not seen the Pride Community has decided to go
forward with a Virtual Pride. We have been working diligently as a Committee to come up with what the
plan would be in COVID-19 Era, and we decided that it was important to still celebrate our LGBTQ
Community and so that will be happening June 27", from 2:00 to 4:00. It will be a live stream of the drag
show as well as other things. So you can go to the web site and check it out, hopefully we will get a good
group of people hopping on and enjoying that day. It will be a little different than the last couple of years
but | think it will still be a lot of fun.

| also wanted to talk about downtown. | wanted to thank DPW for how quickly they acted and this has been
a group of everyone coming up with creative ways of going about it and how quickly we were able to
implement it. ve seen a number of comments and articles talking about how we are sort of the baseline
that people are looking to us because we did that so quickly and we are supporting our downtown
businesses. So | thank people very much for that.

| was also contacted about the umbrellas. | am willing to support and vet the move to make an undue
hardship of these restaurants go away. So | agree with you Alderman O’Brien, | don’t think (inaudible) on
the umbrella is going to hurt. So | think we should look at that and definitely move that forward.

Lastly, | just wanted to say congratulations to all of our seniors. We have spent a significant amount of time
on Bishop Guertin, but all of our seniors are going through graduation of a very different setting and | just
want to make sure that they know we understand and celebrate their accomplishment. And then | would
just end with | want it to be clear that my “no” vote was not against the fireworks at Bishop Guertin, |
understand what they are doing. | just want to make sure as we continue to work, to where we are working
remotely and through this crisis, that we are being very discerning about what we decide to suspend the
rules on. Do we will still soend the time in Committee doing the work. So | know everyone feels similarly
but | just wanted to say that. And that concludes my remarks, thank you.

Board of Aldermen 5-26-2020 Page 33
President Wilshire

Thank you. Alderman Jette.

Alderman Jette

Thank you, Madam President, | think that we’ve had a long tradition of allowing public comment at our
meetings, which we had to unfortunately suspend because of the way we are doing meetings now. But we
recently had the public hearing on the Budget and | thought Alderman Dowd, as Chairman of the Budget
Review Committee, did a great job at that meeting, the public was able to speak through the WebEx
System, just like we are able to speak now at these meetings. | think that showed me that we are capable
of allowing public comment even though we are doing these meetings in this new format. | would like to
recommend that we restore the public comment periods as provided in Section 5:14A, subparagraph 9A
and 16. | would encourage you, Madam President, to talk to the IT Department about whether or not that
can be done. | think the Budget Review Public Hearing showed that it can be done. And so | would
encourage us to explore that with the IT Department. Thank you.

President Wilshire

Alderman Lopez?

Alderman Lopez

So with respect to the idea of public comment, | would like to hear or see some kind of solution to that too. |
would be concerned about the bandwidth because I’ve noticed that both President Wilshire and Alderman
O’Brien are on limited bandwidth with a little like alert mark next to them. Is this OK with me? Because |
think | just watched Alderman O’Brien low his nose in low Resolution. But! wanted to additionally express
my gratitude towards the people of Nashua for putting up with basically all the stuff going around with
COVID-19. We talk about the Public Health Professionals, we talk about the First Responders and how
they are putting themselves in the lines, but the everyday Nashuan has accepted enormous discomfort out
of the thoughtful of others whether it is struggling with your children to make sure that they can pass a
completely reinvented school system; doing homeschooling, whether it is struggling economically to figure
out how to make ends meet under completely new circumstances or simple things like pulling together to
make and produce masks.

After last week’s meeting, | was aware that there was a protest that was going to be held on Saturday night
that was being organized by anti-mask protestors. | was in the area so | stopped by to talk to some of them
and they were passionate, they disagreed specifically with me when | identified myself as a sponsor of the
mask ordinance. But they were civil and they, as much as we disagreed where they were coming from,
they were involved, they were sharing their opinions and they were doing something to exercise their
Constitutional Rights in their own type of passion. So | appreciate that. And then the next day | was at the
mask give out event for United Way at City Hall. | agree with the umbrella proposal because | got
sunburned pretty bad. But | was very impressed with how many people came by and took masks not for
themselves but for their loved ones, shared that they were really concerned and they were trying to make
sure they could go shopping safely. | asked Latha Mangipudiif she had any of her homemade face masks
through the New Hampshire Maskateers and she was able to have 100 of them right on the spot. So | am
just really impressed with how people are pulling together in their own ways., whether it is making sure that
we support each other in this current time of COVID-19 or whether we support each other and making sure
that we do transition from this time because these times can’t last forever and we do need to ger the
economy back on track. We have to do it in a way that’s safe for all of our residents. But | think in Nashua,
everybody is doing their best to look out for each other, even if they don’t all agree on the way, we are a
community that cares about each other. Thank you.

Board of Aldermen 5-26-2020 Page 34
President Wilshire

Thank you. Alderman Dowd?

Alderman Dowd

Just a couple of things quickly, at the last meeting | was over at the Planning Board and the Fairgrounds
Middle Schools Project has been approved by the Planning Board, but we had a 45-minute delay when we
lost the bridge. We lost the bridge tonight in this meeting. | think we should have the IT Department look
into having two call in numbers for people to call in because the 45 minutes almost required cancelling the
Planning Board Meeting. They are trying to catch up with cases. And the other thing is this Thursday is the
Joint Special School Building Committee Meeting. Just so everybody that is on that Committee please join
us at 7:00 on Thursday.

President Wilshire

So Alderman Dowd, you all need to speak when | ask for Committee Announcements then, right? | think
you just announced them all.

Alderman Dowd

| didn’t see it on the Agenda so | figured I’d jump ahead.
Committee announcements:

President Wilshire

It's there. Anyone else? Remarks that I’ve missed. Now I'll call for Committee Announcements all of you
except Alderman Dowd.

Alderman O’Brien

Thank you, Madam President, and thank you to Alderman Lopez for noticing with my allergies that | blew
my nose on TV. | appreciate the rudeness, Alderman, thank you. There is a meeting tomorrow night of
Infrastructure and PEDC jointly and at 7:00 and hope to see all of the people there, thank you.

Alderman Caron

Yes, thank you. Personnel will be holding a meeting next Monday, June 1* at 7:00 to discuss the two
appointments that the Mayor has brought forward today. Thank you.

President Wilshire
Any other Committee announcements, Alderman Dowd? Ok. Alderman O’Brien, do | have a Motion?
ADJOURNMENT

MOTION BY ALDERMAN O’BRIEN THAT THE MAY 26, 2020, MEETING OF THE BOARD OF
ALDERMEN BE ADJOURNED BY ROLL CALL

Board of Aldermen 5-26-2020 Page 35
A viva voce roll call was taken to adjourn the Board of Aldermen meeting 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, Alderman Harriott-Gathright, Alderman Wilshire 14
Nay: 0
MOTION CARRIED

The meeting was declared adjourned at 9:45 p.m.

Attest: Susan K. Lovering, City Clerk

AGENDA MEETING OF THE BOARD OF ALDERMEN MAY 26, 2020

Meeting is being conducted remotely in accordance with Governor's Emergency Order #12 pursuant to Executive
Order 2020-04

Call in Number: 978-990-5298 Access Code: 273974

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

1.

2.

PRESIDENT LORI WILSHIRE CALLS ASSEMBLY TO ORDER
PRAYER OFFERED BY CITY CLERK SUSAN K. LOVERING
PLEDGE TO THE FLAG LED BY ALDERMAN DAVID C. TENCZA
ROLL CALL

REMARKS BY THE MAYOR

RESPONSE TO REMARKS OF THE MAYOR

RECOGNITIONS

READING OF MINUTES OF PREVIOUS MEETINGS

Special Board of AIGGrMen............ccccc ccc cc cca eeeceseen cues cease eaeeeensnereeesveneenenengs 05/12/2020
Board of AIG@Grmen............cccececnceee cece cent eee ee eee eee cnet ee ete e eee e tess sae G eta be btn enone ees 05/12/2020
Special Board of AIGGrMen.... 22.0.0. ce ccc cee ccc eeceeeeeceen esa eee te eseeeecesceseseeeergerees 05/20/2020

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

From: Robert Guzas
Re: PAC project

From: Laura Colquhoun
Re: Need to puta hold on the Art Center

From: Laurie Ortolano
Re: Pandemic muzzling of the public

From: Laurie Oriclano
Re: Misapplied Mason Rules are used against the public

Fram: Jim Tullis
Re: Outside renovations of the Arts Center

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

From: Sue Newman
Re: Ordinance O-20-018

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

From: Dave Winchester
Re: Proposal for mandatory face masks

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

From: Joshua Twohig
Mask Mandate

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

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

From: Tammy Cates
Re: AGAINST mandatory mask requirement

From: Marcy Norse
Re: Masks

From: Matt Sexton
Re: Face masks

9(a). PERIOD FOR PUBLIC COMMENT RELATIVE TO ITEMS EXPECTED TO BE ACTED UPON
THIS EVENING

Keeping in mind the health and safety of our residents and employees, we are requesting that if
you wish to speak on agenda items, you submit your comments via e-mail which will be accepted
and placed on file with the minutes of the meeting. Please e-mail your comments to:

BOA@nashuanh.gov
9(b). 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.

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

PETITIONS

NOMINATIONS, APPOINTMENTS AND ELECTIONS

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 Sireei
Nashua, NH 03064

10. REPORTS OF COMMITTEE

Human Affairs Committee. ..........0. 0.0. c cece cece cece eee eeueserevaseneatneaeraeeernees 05/11/2020
Budget Review Committee. ........... ccc ccc cce cece eee e cece cee en ee ceeseeeeeeeeeeeanegs 05/13/2020
Budget Review Committee. ...... 0... cceceee cece c cee ce eee ree eee beste sa etd ean ted ean es 05/19/2020

11. CONFIRMATION OF MAYOR'S APPOINTMENTS
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
e Budget Review Committee Recommends: Final Passage

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 mig)

NEW BUSINESS — RESOLUTIONS

R-20-039
Endorser: Alderman-at-Large Lori Wilshire
AUTHORIZING PENNICHUCK CORPORATION AND PENNICHUCK WATER WORKS, INC. TO ISSUE

TAXABLE BONDS OF UP TO $75,000,000

R-20-040
Endorser: Mayor Jim Donchess
AUTHORIZING THE MAYOR AND CITY TREASURER TO BORROW FROM THE NEW HAMPSHIRE
DEPARTMENT OF ENVIRONMENTAL SERVICES STATE REVOLVING LOAN FUND AN ADDITIONAL
AMOUNT NOT TO EXCEED TWO MILLION FIVE HUNDRED THOUSAND DOLLARS ($2,500,000) FOR

PUMP STATION UPGRADES

R-20-041
Endorser. Alderman-at-Large David C. Tencza
Alderman-at-Large Ben Clemons

Alderman Skip Cleaver
APPROVING THE COST ITEMS OF A COLLECTIVE BARGAINING AGREEMENT BETWEEN THE

MAYOR AND THE BOARD OF FIRE COMMISSIONERS OF THE CITY OF NASHUA, NEW HAMPSHIRE
AND LOCAL #789, INTERNATIONAL ASSOCATION OF FIRE FIGHTERS FROM JULY 1, 2019 THROUGH
JUNE 30, 2023 AND AUTHORIZING A RELATED TRANSFER AND SUPPLEMENTAL APPROPRIATION

NEW BUSINESS — ORDINANCES

PERIOD FOR GENERAL PUBLIC COMMENT

REMARKS BY THE MEMBERS OF THE BOARD OF ALDERMEN
Committee announcements:

ADJOURNMENT

Graham, Donna

EER ee TS math
From: Laurie Ortolano <laurieortolano@gmail.com>

Sent: Saturday, May 09, 2020 9:13 PM

To: Board of Assessors; Board of Aldermen

Subject: Assessing Concerns and the Hiring of a Chief

CAUTION: This email came from outside of the organization. Do not click links/open attachments if source is
unknown,

To: Board of Aldermen
Board of Assessors

] am writing this letter and asking that this be placed on file as part of public input.

I am concerned that the City has not acted prudently on filling the position of the Chief Assessor. This is an
extremely important position and we are currently experiencing some serious issues in our assessing office.

Ms. Kleiner informed the Board of Assessor that there were 2 candidates who have applied to the position and
that the City would be interviewing those candidates once the stay-at-home orders were lifted. Why isn't the
City abie to interview these candidates remotely or on-line as most companies are doing?

Why is the public not told who the candidates are? When a new superintendent is hired, the typical process is to
do a public meet and greet with the finalized pool of applicants. There names are public. Full transparency.

I think this position of Chief assessor is as important as a Superintendent of Schools. Please be transparent and
provide the public with real information so we know the process is really moving forward.

Let me share a problem that is happening now in the assessing office that highlights the need for a strong chief.

Abatements have to be filed with the City by March Ist. Once the applications are received, they are input into
the AssesPro system and the VAX system. We are double inputing and have been for 10 years. Once the new
software is online (AP5), the coordinator will only need to input the data once.

The Chief of Assessing has been responsible for assigning abatements to the assessors. Once Jon Duhamel left
on or about March 1, 2019, Ms. Kleiner authorized Greg Turgiss to assign the abatments. Ms. Walley was the
coordinator at the time and helped to gather all the records to be sure all the abatements were recorded.

I currently have a 2018 appeal in process with the BTLA but I filed a separate 2019 abatement. I asked legal
who would handle assigning my 2019 abatement and was told Kim Kleiner was responsible. I have learned that
Greg Turgiss is responsible.

I wanted to follow up to find out the assignment of my 2019 abatement. I received the list from Ms. Kleiner on
Friday. The list was missing abatments and was iricomplete. My abatement was not listed. I had a back and
forth exchange with Ms. Kleiner, who apologized that 12 abatement had not been captured and were in the
process of being assigned. In looking at the new list, I noticed a property on Berkeley that filed a 2018
abatement was not listed in the updated version. I am concerned that more are missing and the office has lost
track of the paperwork and assignment process.

April 7, 2021

Page 2

20210407 Nashua Phase III Stage 2 Proposal-Rev1.docx

3. Instrumentation monitoring requirements to monitor strain and settlement of
the zigzag liner relative to its design tolerance;

4, Monitoring parameter action levels; and

5. Procedures for investigating and providing a response action plan for
approval if monitoring parameter action levels are reached.

(19) Prior to filing the notice of intent to operate for Phase III Stage 2, the permittee shall obtain
approval from NHDES for the following plans submitted in accordance with Env-Sw 315:
(a) An updated operating plan, including the following changes:

1. Add information to reflect approval of Phase III Stage 2;

2. Add the zigzag liner inspection, monitoring and maintenance plan prepared
in accordance with Condition (10)(c); and

3. Add fill sequencing plans for Phase Ill Stage 2, as required by Env-Sw
805.11(e), prepared pursuant to Env-Sw 805.11(f), to address provisions of Env-
Sw 806.02(a) and (d).

(b) An updated closure plan, including the following changes:

1. Revise Section 2 closure dates to reflect approval of Phase III Stage 2;

2. Add the zigzag liner inspection, monitoring and maintenance plan prepared
in accordance with Condition (10)(c); and

3. Revise the closure cost estimate, including the cost of post-closure activities, to
reflect approval of Phase III Stage 2.

(c) An updated financial assurance plan that includes Phase III Stage 2, prepared in
accordance with Env-Sw 1400. The financial assurance plan shall:

1. Identify the financial assurance mechanism(s) by stating each type of
mechanism, the institution or entity holding each mechanism, the account or
policy number of each mechanism, the obligation for which each mechanism
shall be used {i.e closure, post closure), and the current balance of each
mechanism; and

2. The closure cost estimate, including the cost of post-closure activities,
prepared pursuant to Condition (19)(b)3.

Please note that there are other conditions of the Phase III permit that do apply to Stage 2
that are not specific to design and permitting. These conditions are, but not limited to, related
to construction, operations, closure, financial assurance records, etc. The two (2) conditions
provided above are the focus of the following scope of services and must be satisfied to
receive construction approval from the NHDES.

In addition, we note that this project still qualifies for coverage under the Alteration of
Terrain (AoT) Permit issued April 24, 2018. As such, no additional AoT permitting is
required, but, depending on when Stage 2 goes to construction, a permit extension may be
required. Costs to renew the AoT permit are not included in this proposal

SANBORN HEAD