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O-20-013

ORDINANCE

AMENDING THE ZONING MAP BY REZONING LAND OFF OF AMHERST STREET
FROM PARK INDUSTRIAL (PI TO PARK INDUSTRIAL WITH MIXED USE
OVERLAY DISTRICT (PI/MU)

CITY OF NASHUA

In the Year Two Thousand and Twenty

The City of Nashua ordains that Chapter 190 “Land Use”, Part 2 “Zoning Districts and
Supplemental Use Regulations”, Article 2 “Generally”, Section 190-12 “Zoning map”, is hereby
amended by changing the zoning designation of the following described area of land off of
Amherst Street from Park Industrial (PI) to Park Industrial with Mixed Use Overlay District
(PI/MU):

A certain area of land, inclusive of parcels H-168, H-14, H-109, H0O133, H-63, H-134, H-93,
H0151, H-96, H-149, H-137, H-118, H-77, H-92, H-128, H-169, H-148, H-113, H-170, H-90, H-
117, H-66 and a portion of H-145, located on the southerly side of Amherst Street in the City of
Nashua, County of Hillsborough, State of New Hampshire, and shown on a plan attached
herewith entitled “proposed Rezoning Exhibit — Deerwood Drive, Dumaine Avenue and State
Street ~ Prepared for: Gimak Properties LLC, Nashua, New Hampshire, scale: 1 inch = 100 feet,
dated January 9, 2020” prepared by Fieldstone Land Consultants, PLLC, and more particularly
described as follows:

Beginning at a point located on the centerline of State Street, said point being 400 feet south
westerly from the intersection of Amherst Street and State Street, also being the common zoning
boundary of the (GB) zone and the (PI) zone, thence

Southeasterly along said common zoning boundary 1,000 feet +/- to the centerline of Deerwood
Drive, being the current common zoning boundary of the (GB) zone, (PI) zone and the (PI/MU)
zone, thence

Southwesterly 1,025 feet +/- along the centerline of Deerwood Drive to the intersection fo the
Boston and Maine railroad, being the current common zoning boundary of the said (AI) zone,
(PT zone and the (PI/MU) zone, thence

Northwesterly 400 feet +/- along the centerline of the Boston and Maine railroad, also being the
current common zoning boundary of the said (Al) zone and the (PI) zone to a point, thence

ORDINANCE O-20-013

Northeasterly 450 feet +/- in-line with the centerline of Dumaine Avenue and running along the
centerline of Dumaine to a point, this being the proposed new zoning boundary line, said point

being located on the centerline of Dumaine Avenue and an extension of the common boundary

of parcels H-113 and H-145, thence

Northwesterly 550 feet +/- along the common boundary of parcels H-113, H-145 and H-170 to a
point located at the centerline and end of State Street, this being the proposed new zoning

boundary line, thence

Northeasterly 650 feet +/- along the centerline of State Street, this beg the proposed new
zoning boundary line, to the point of beginning.

All ordinances or parts of ordinances inconsistent herewith are hereby repealed.

This legislation shall take effect upon passage.

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LEGISLATIVE YEAR 2020

ORDINANCE: 0-20-013

PURPOSE: Amending the Zoning Map by rezoning land off of Amherst
Street from Park Industrial (AJ) to Park Industrial with Mixed
Use Overlay District (PI/MU)

ENDORSERS: Alderman Richard A. Dowd
COMMITTEE
ASSIGNMENT:
FISCAL NOTE: None.
ANALYSIS

This ordinance changes the zoning from Park Industrial (PI) to Park Industrial with Mixed Use
Overlay District (PI/MU) for an area of land located on the southwest side of Amherst Street. A
map showing the location is attached.

State statute (RSA 675:2) and NRO Section 190-132 require a public hearing and referral to the
city planning board. The public hearing is conducted by the aldermanic planning and economic
development committee with notice published in a newspaper of general circulation and posted
in two public places at least ten calendar days prior to the date of the hearing. (Notice period
does not include the day notice is posted or the day of the public hearing. RSA 675:7,1) A
favorable vote of two-thirds of all the members of the board of aldermen present and voting
would be required if a protest petition is filed pursuant to RSA 675:5.

Approved as to form: Office of Corporation Counsel

By: Poeun Clo. S—

Date: \G Mireh Goro

LEGEND: PROPOSED REZONING DESCRIPTION

ZONING LEGEND INDUSTRIAL USE
RIGHT—OF—WAY LINE A CERTAIN AREA OF LAND, INCLUSIVE OF PARCELS H—168, H—141, H—109,
H-133, H-63, H-134, H-93, H—-151, H-96, H—149, H-137, H-118, H—77,
BOUNDARY LINE H-92, H-128, H—169, H-148, H—113, H—-170, H-90, H-117, H-66 AND A
ip ROE ot Oe NAGASE Oe Peo Me de eG) STREET
ne. vr RESIDENTIAL USE HAMPSHIRE, AND SHOWN’ ON A PLAN ENTITLED “PROPOSED REZONING EXHIBIT —
DEERWOOD DRIVE, DUMAINE AVENUE AND STATE STREET — PREPARED FOR:

GIMAK PROPERTIES LLC, NASHUA, NEW HAMPSHIRE”, SCALE : 1 INCH = 100
FEET, DATED JANUARY 9, 2020", PREPARED BY FIELDSTONE LAND CONSULTANTS,
EXISTING BUILDING PLLC, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:

HB HIGHWAY BUSINESS
GB GENERAL BUSINESS

Pl PARK INDUSTRIAL a
BEGINNING AT A POINT LOCATED ON THE CENTERLINE OF STATE STREET, SAID
POINT BEING 400 FEET SOUTH WESTERLY FROM THE INTERSECTION OF AMHERST
STREET AND STATE STREET, ALSO BEING THE COMMON ZONING BOUNDARY OF

PROPOSED PARK INDUSTRIAL/MIXED USED ZONING THE (GB ZONE) AND THE (PI ZONE), THENCE

so 2
.- a SOUTH EASTERLY ALONG SAID COMMON ZONING BOUNDARY 1000 FEET +/— TO

PI/MU PARK INDUSTRIAL/MIXED USE OVERLAY
\. 3

THE CENTERLINE OF DEERWOOD DRIVE, BEING THE CURRENT COMMON ZONING
BOUNDARY OF THE (GB ZONE), (PI ZONE) AND THE (PI/MU ZONE), THENCE

CURRENT ZONING BOUNDARY LINE SOUTH WESTERLY 1,025 FEET +/— ALONG THE CENTERLINE OF DEERWOOD
DRIVE TO THE INTERSECTION OF THE BOSTON AND MAINE RAILROAD, BEING THE

PROPOSED ZONING BOUNDARY LINE CURRENT COMMON ZONING BOUNDARY OF THE (Al ZONE), (PI ZONE) AND THE
(PI/MU ZONE), THENCE

NORTH WESTERLY 400 FEET +/— ALONG THE CENTERLINE OF THE BOSTON AND
MAINE RAILROAD, ALSO BEING THE CURRENT COMMON ZONING BOUNDARY OF
THE SAID (Al ZONE) AND THE (PI ZONE) TO A POINT, THENCE

NORTH EASTERLY 450 FEET +/— IN-LINE WITH THE CENTERLINE OF DUMAINE
AVENUE AND RUNNING ALONG THE CENTERLINE OF DUMAINE TO A POINT, THIS
BEING THE PROPOSED NEW ZONING BOUNDARY LINE, SAID POINT BEING
LOCATED ON THE CENTERLINE OF DUMAINE AVENUE AND AN EXTENSION OF THE
COMMOMN BOUNDARY OF PARCELS (H—-113) AND (H—145), THENCE

NORTH WESTERLY 550 FEET +/— ALONG THE COMMOMN BOUNDARY OF
PARCELS (H—113), ge AND (H—170) TO A POINT LOCATED AT THE
CENTERLINE AND END OF STATE STREET, THIS BEING THE PROPOSED NEW
ZONING BOUNDARY LINE, THENCE

te ~ Q NORTH EASTERLY 650 FEET +/— ALONG THE CENTERLINE OF STATE STREET,
Wi >. De cee THE PROPOSED N ZONING BOUNDARY LINE, TO THE POINT OF

REV. DATE DESCRIPTION C/O | DR} CK

PROPOSED REZONING EXHIBIT

DEERWOOD DRIVE, DUMAINE AVENUE & STATE STREET
PREPARED FOR:

GIMAK PROPERTIES LLC

7 JENNY HILL LANE NASHUA, NH 03062 (603)-591-6816
NASHUA, NEW HAMPSHIRE

SCALE: 1° = 100’ JANUARY 9 2020

Surveying @ Engineering @ Land Planning ¢ Permitting ¢ Septic Designs

© \ FIELDST@NE

w<-4-SE [LAND CONSULTANTS, PLLC |

SIGNATURE OF SPONSOR

GRAPHIC SCALES

i

100’ 50’ 0 100° 200’ 300°
IMPERIAL: 1°=100’

fy Ys

| 4s
= 206 Elm Street, Milford, NH 03055
V Phone: (GO3) 672-5456 Fax: (GO3) 413-5456

www.FieldstoneLandConsultants.com

FILE: 2129ZE01.dwg PROJ. NO. 2129.00 § SHEET: ZE-1 PAGE NO. 1 OF 1

A special meeting of the Board of Aldermen was held Monday, March 16, 2020, at 7:00 p.m. in the
Auditorium at City Hall, 3% floor.

President Lori Wilshire presided; City Clerk Susan K. Lovering recorded.

Prayer was offered by City Clerk Susan K. Lovering; Alderman Patricia Klee led in the Pledge to the
Flag.

The roll call was taken with 13 members of the Board of Aldermen present: Alderman Laws and
Alderman Jette were recorded absent.

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

DISCUSSION
Coronavirus (COVID-19)
President Wilshire

| am going to turn this over to the Mayor for discussion on the Coronavirus, COVID-19. Mayor?

Mayor Donchess

Well thank you Madam President for calling this meeting tonight and thank you everybody for
attending. We all are going to talk to you about the City’s response as we have planned it for the
response to the Coronavirus outbreak, COVID-19. | am proposing that you pass a couple measures
tonight which | will detail in a minute. But first, | want to thank the group of people that work for the
City that have been formulating the City’s Plan for some weeks now and have led our response to the
COVID-19 virus. We, of course, have on the front lines is Director Bobbie Bagley of Public Health who
has been working with the hospitals and thinking through the issues, the health issues that we might
be facing over the coming weeks and months. She has done a great job, along with Director Justin
Kates of Emergency Management. He’s been thinking about what to do, in terms of exactly how to
respond and how the City should react for a number of weeks now from his position in Emergency
Management. The same with Director Kim Kleiner, who has been thinking through many of the issues
that we need to do with technology and personnel and many of the other issues that we are going to
need to face as we move forward with respect to the City’s response.

| want to thank them and all of the other people who have worked hard; the Police Department, the
Fire Department, the hospitals. Everybody has been involved in talking this through. Of course we
want to take this very seriously. We already have one case in Nashua which was discovered the end
of last week and was confirmed over the weekend. Director Bagley has been on top of this case. It is
someone who traveled internationally, came home, was back for a couple of days before reporting
symptoms; then was tested and diagnosed within a couple of days, then on Sunday received a
diagnosis. She has been investigating this case, talking with the family and trying to determine who
else might have been at risk or who else could have been exposed. But fortunately the person with
the virus did not travel much around the City. So you will hear more about that from Ms. Bagley.

Also, of course, we have seen what happened in China and Italy and you all heard on the media how
important it is that we try to extend the curve, meaning reduce the number of cases that come initially
during the spike, so that we can enable our health care system to treat the people who need treatment
and so that the healthcare system will not be overwhelmed by an influx of many, many cases at the
same time. You’ve seen what actions that have been taken at the State level, first in terms of ordering

Board of Aldermen 03-16-2020 Page 2

that the schools transition into remote learning and today that bars and restaurants only serve take-out
starting tomorrow.

Now specifically the steps that we are suggesting that we take, and you will hear more in detail from
the Directors, is that we want to limit access to City Hall beginning Wednesday the 18", and so it
would be closed to the public and only people working for the City would be involved here. Secondly,
then starting on Friday the 20", we propose that non-essential employees work remotely, that they not
come in, that they work remotely as directed by their supervisors. Essential employees would be
required to report to work and Justin Kates and others have been working over these weeks to define
which are the essential services and which are not. And that’s all in writing, but the obvious essential
services, of course, are the Public Safety, Police and Fire and also from Public Works, the Treatment
Plant employees, we’ve got to run the Waste Water System as well as certain members of the Street
Department who would be picking up the garbage and doing other tasks. Also people within City Hall
who are required to make payroll and pay everybody that are working and a few other functions which
Ms. Kleiner can discuss.

We are proposing that you pass, and | will show you specifically, a Policy that enables us to allow
people if they are sick to be out of work without using sick time so that there is no, to discourage
people from coming in when they are sick. That’s one of the ways that the virus gets spread; is people
feel they have to come to work when they are sick. Also if people, as a result of the School closing,
have childcare issues and they can’t come in, we are proposing that they be allowed to work remotely
or stay away without having to use vacation or sick time. Again, to help the City and the employees
get through this crisis.

Specifically the Policy that we are asking you to pass is attached to the Memo from me of March 16", it
is the second page and it is entitled, “Temporary Policy on Shutdowns and Emergency Leave”. We
are also asking you to pass, under suspension, a Resolution that would transfer funds. Ms. Kleiner
can discuss the need for more funds related to technology and the licenses that are needed for remote
work as well as the servers that are required to support many people working remotely. That is the
first element of Resolution R-20-024. That is $100,000.00. You did appropriate $50,000.00, but as
they are getting into this, this is going to cost more than $50,000.00. Secondly, United Way is trying to
put together an emergency fund for the non-profits and has asked a number of institutions for
$5,000.00, a relatively small fund, but still a fund together to support the non-profits while demands on
them are increasing. So this Resolution proposes that we honor the request of United Way and
contribute along with some other institutions to that emergency fund.

Finally, of course, we still face issues with our public schools. The Governor and the Educational
Commissioner announced Sunday that there are transitioning to remote learning. A lot of questions
about how that might work; a number of families do have the capability, computers and the like,
Internet to have the kids learn remotely. But many families do not. When the Commissioner was
asked, “Well how does that work for people who don’t have computers”; he said analog learning,
analog connection. And | thought, “Well what does that mean”. And when | asked the Superintendent
that question, that means paper. Analog means paper, not computers. So certainly there are some
issues that need to be worked through there if we possibly can do that. So we are going to be talking
with the School Department about how that might be accomplished.

Also, for the remote learning for young kids, really may not be realistic. How can a second grader
really learn over the Internet, reading and the like? A question that | haven't yet put to our City
Attorney, but | will, I’m not asking him to answer now, but simply to come back with some thoughts on
it later on. Is some of this an unfunded mandate which would require reimbursement under the State
Constitution by the State of New Hampshire?

Board of Aldermen 03-16-2020 Page 3

In any event, those are some of the issues, some of the things we have been dealing with. But rather
than talk further, | would first go to Director Bagley on the health front and then to Director Kates on the
Emergency Management and all of the organization that he has been involved and then to Director
Kleiner regarding the need for the funds and how this would be used to enable remote working. So
thank you Madam President.

President Wilshire
Thank you. Director Bagley.
Bobbie Bagley, Director of Health and Community Services

Thank you, Mayor, and thank you Board of Aldermen. We do face a serious health threat at this time
with the COVID-19 virus. The last time we did a presentation was on March 13" and at that time in the
United States the number of cases that we had were 1,629 and today which is the 16" there are 4,464
cases. So this is a virus that is spread very, very quickly and very easily. In the State of New
Hampshire on Friday we had 7 cases and today, on Monday we have 17. And so, again this is a virus
that spreads very, very quickly and very, very easily. It is a virus that also when certain population
groups, populations over the age of 60, our population of individuals that have underlying health
conditions are impacted tremendously by this disease.

Younger people and people who are fairly healthy, if they come into contact with this virus may have
mild symptoms and may not even know that they are carrying the COVID virus. The actions that we
are taking with social distance is very important. The actions that we are taking with individuals who
are sick and asking them to stay at home, it is very, very important. The action, as simple as it is, of
telling people to wash their hands, and cover their cough, and don’t touch your face and don’t touch

your mouth and don’t touch your eyes. These are all very, very important Public Health measures to
stop and to contain and to mitigate the spread of this virus.

What we are doing in Public Health right now is we are trying to push that message out as much as we
can through social media, through the radio, through newspaper, on our web site. As much as we can
get this information out, we are going to do that. We also want to make sure people are informed as
they can be with the changing and the ever-evolving changes that we are seeing with this virus. So
although it seems like, you know, we are hearing about this every day, every day, every day, we think
this is really important because we need people to take this seriously. We do an update once a week
on the numbers as the State puts out a daily update on what they are seeing and the changes that are
occurring across the State.

As the Mayor mentioned, we had our first case reported to us in Hillsborough County, a Nashua
resident on Sunday. | have been investigating that case. Usually with the COVID virus, the
expectation or the average of how many people will get infected when one person is affected is about
2.5. But that depends on your situation; if you are in a large crowd and someone is sick and they don’t
know it but they are coughing or they are sneezing and they are not covering that cough and they are
not covering that sneeze and they are in a large room, they are going to spread that infection to a large
number of people. So these measures may seem to be extreme, but they are very, very important.
Again, we don’t want to put at risk the most vulnerable populations in our community because from
what we have seen with what happened in China and what is happening across the world, in Italy and
Europe, the elderly population is impacted by this greatly. What we are seeing in the State of
Washington, with the number of individuals that have died there, the majority of them have been older
adults that have compromised or underlying health issues.

Board of Aldermen 03-16-2020 Page 4

We have to also think about individuals that have Diabetes, Heart Disease, Asthma, people that are on
Chemo, any kind of immune compromising disorder is going to put individuals that suffer from those
disorders at greatest risk. So we appeal to our community, we want people to be socially responsible.
We want individuals to think, not just about their protection, but the protection of others and take these
measures seriously and enact the preventative measures that we need to on a daily basis. | don’t
know if folks have any other questions about the case that was reported, of what information can be
shared? | will address those as confidentially as | can.

Alderman O’Brien

Thank you. Director Bagley, from what | heard on the National News and everything, there was the
recommendation and is it still current that one — if they think they are infected or suffering symptoms,
the worst thing that they could do is actually show up at the ER where they could contaminate or
perhaps shut down the whole hospital for a short period of time. So would it not be best and should
we iterate that to the public, if they feel that they are contaminated, to contact their primary care
physician or another immediate care facility and go through the screening process before showing up
to the Emergency Room.

Director Bagley

Yes Aldermen, that is exactly what we need for people to do. If people are sick and they have
symptoms, they should not go to their doctor's office; they should not be in the emergency room. They
do need to call first so they can have a screening done over the telephone and that provider will give
them further directions on what may need to happen. And so that the hospitals can also be prepared if
they do come into the hospital.

Mayor Donchess

You might mention the public service line that you are attempting to set up.

Director Bagley

Yes at this time there’s a couple of things that we are looking to do over at the Health Department. The
Public Health Nurses have been trained to actually do the sample collection so that we can increase
testing and will offer testing from a mobile site. We are also looking to set up a phone line so that we
can take questions and answers from individuals in our community. The State has been overwhelmed
since the first case in New Hampshire that was diagnosed in January and as they continue to go up.
Those numbers, if you think about the number of cases that there are, there are hundreds of calls that
they get on a daily basis of individuals that are really concerned about their risk for this infection. So
we do plan to set up a call line or a call center so we can take questions and answers from individuals.

Alderwoman Kelly

Thank you. | wanted to ask about testing. | know Alderman O’Brien talked about specifically getting
screened first. But | want to know if we have more information on how many tests are available and
are we ruling it out or is it better that we just keep ourselves in quarantine.

Board of Aldermen 03-16-2020 Page 5
Director Bagley

So the State continues to get test kits from the CDC. | heard today that there were a number of tests
that came in. Last week we heard that there were 250 tests that the State has and so as they continue
to produce the reagents, we continue to get more and more tests. There is a very strict criteria still in
place for testing. If an individual can describe to their provider what their risk factors were, so for
instance travel: no longer just travel to China or travel to Europe, travel to any other place where we
are seeing the numbers are spreading in the community. So folks are asked that question. Folks are
also asked questions about their symptoms; and so if they’ve had a fever or if they have a cough, any
relation to having traveled or if they have been in direct contact with someone that has been
diagnosed as a positive person with COVID 19. If they meet that criteria they will be tested.

If individuals also are over 60 or if they have underlying health conditions and they’ve been in contact
with someone, they are also going to be tested. Right now we ordered 30 kits so we can do at least
30 tests. We plan to start doing those activities by Wednesday and the State will give us tests as we
have need of them.

Alderwoman Kelly

| Know there’s been, maybe I’m just confused, but | wanted to know if there is any cost. | know at some
point at the National level they said, “Absolutely not, we are going to make sure that’s taken care of”.
But | just don’t know where we are with that.

Director Bagley

So for the kits that we have received, the collection kits we have received those are free, those are
free. | do know that if people have health insurance and they go into their private practitioners’ offices
or if they go into the ED, their health insurance will be charged. | don’t believe that if a person is
required to get testing that those individuals will be turned away if they can’t afford to pay for it.

Alderman Klee

Thank you. We had learned up in the State House last week in our marathon meeting, that the
insurance, the head of the insurance department had contacted all insurance companies and said that
there would be no co-pays, no anything for those that are insured, so that they are completely
covered, but again, like you said, those that do not have insurance, | don’t know. But all private
insurance companies are going to pick up all ED costs, all hospitalization if any as well as all primary
care cost.

Alderman Cleaver

Director Bagley thank you. About a week ago, ten days ago you had proposed Ward Meetings that we
arranged, Ward Communication Meetings, and | was wondering if that was still in the plan?

Director Bagley

No we have actually sent out a message that all of the events that we had planned for our Community
Health Assessment, we had a lead conference that was planned; we’ve cancelled all of those events