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Board of Aldermen 10-12-2021 Page 10
Alderman Jette

Thank you. | read Director Cummings’ communication was being a request that this conversation begin
and he’s planning on coming to the Infrastructure Committee. So | don't think we — we have nothing before us
to act on tonight. If it’s in order, | would move that we refer this to the Infrastructure Committee.
President Wilshire

That's in order. Okay.

Alderwoman Lu

Thank you.

President Wilshire

We're going to refer this to the other committee so.

Alderwoman Lu

| just wanted a clarification about these zones that Alderwoman Klee has described. Are those not the zones
where you pay a different amount of...no, that's not - it's not zones for prices per hour of parking?

Alderman Klee

| apologize for shaking my head Alderwoman Lu. No it's overnight parking zones. So in other words, for
instance, when | was looking at the French Hill area and | was looking at Locke and Whitney, and | kind of made
this very long, trying | mean, rectangle, and | said that would be too far for a mother with a baby to have to go all
the way to the end by Chandler if she lived over by Orange Street. So | said we would take that and create a
block. That would be a zone.

Alderwoman Lu
Okay | see.
Alderman Klee

So right now the way that the overnight parking works is if you get an overnight parking permit and you live on
West Hollis, you could park over on Locke Street or Whitney. What this would do is you would have a parking
permit or your zone not anywhere in the city, which is what it is now. So perhaps in my area, maybe going from
Pennichuck to Brinton that might be too big too so we might have to make smaller bites of it. But it would be
talking to those neighbors. Do you want it? As Alderman Lopez had mentioned, you may take one street and
only 25% of the people want it. So you'll look okay 25% of the people want to hear, can we create parking? No
one is guaranteed a parking space in front of their home because that would be illegal. But we could maybe
guarantee them a parking within that zone. So if 20 people want it, can we find 20 parking spaces? No, we can
only find 10, then it might be a lottery. We'd have to figure out how 20 people will get down to 10 people. Those
are all the little things that we have to work out.

Alderwoman Lu
Thank you. That's the zone. Okay. Thank you.
Alderman Klee

You're welcome.

To:

From:

Re:

I. Motion:

Discussion:

City of Nashua, Public Works Division

Board of Public Works Meeting Date: May 25, 2022

Daniel Hudson, P.E., City Engineer
Engineering Department

Sewer and Drainage Analysis and Design — Engineering Services

To approve the engineering services contract with Hayner/Swanson, Inc. of
Nashua, NH for sewer and drainage analysis and design in the amount not to exceed
$75,000. Funding will be through Department: 169 Wastewater; Fund:
Wastewater; Activity: CSO Flooding & Stormwater Abatement.

The Engineering Department, in collaboration with the Wastewater Department,
manages the layout, construction, condition assessment, and rehabilitation of the
City’s sewer and stormwater collection systems. Where feasible, sewer and
drainage issues are addressed concurrently with street redesign and repaving
efforts, especially in the concentrated urban area of the City where the majority of
properties are currently served by combined sewers. Evaluation of alternative
methods of addressing drainage issues and opportunities to separate combined
portions of the wastewater collection system is needed as part of a holistic approach
to revamping a street or surface. Demonstration projects for stormwater control
throughout the City including rain gardens, stormwater treatment units, and green
infrastructure that promote water quality and infiltration is a requirement of the
EPA Stormwater Permit.

The City seeks to engage Hayner/Swanson, Inc. (HSI) of Nashua, NH to provide
engineering support of the above efforts on an as needed basis. The proposed scope
of services includes but is not limited to assisting with analysis of the problem,
reviewing hydraulic needs for the collection system, proposing solutions and
providing a designs as needed, and preparing plans and specifications for bidding.
HSI has broad experience in similar work for the City as well as for private
development work within the City.

Board of Aldermen 10-12-2021 Page 11
President Wilshire

Okay, we will move this to the Infrastructure Committee and we'll move on our agenda.

PETITIONS - None

NOMINATIONS, APPOINTMENTS AND ELECTIONS - None

REPORTS OF COMMITTEE

Planning and Economic Development Committee ..........0.... 0. eee treet tteeteeeeeees 09/20/2021

There being no objection, President Wilshire declared the report of the September 20, 2021 Planning and
Economic Development Committee be accepted and placed on file.

Committee on Infrastructure 00.0000... ccc cece ces eee cee eee vee terereterereverateetetererettrerserererse 09/22/2021

There being no objection, President Wilshire declared the report of the September 22, 2021 Committee on
Infrastructure be accepted and placed on file.

Budget Review Committee ...........0 0c. cece cee cee eerste ee cette ttt tee ttt titties eeeees 09/27/2021

There being no objection, President Wilshire declared the report of the September 27, 2021 Budget Review
Committee be accepted and placed on file.

CONFIRMATION OF MAYOR’S APPOINTMENTS - None

UNFINISHED BUSINESS — RESOLUTIONS

R-21-143
Endorsers: Mayor Jim Donchess

Alderman Thomas Lopez
Alderman-at-Large Brandon Michael Laws
Alderwoman-at-Large Shoshanna Kelly
Alderman Patricia Klee
Alderman Jan Schmidt

PROPOSING AN AMENDMENT TO THE CITY CHARTER RELATIVE TO THE MANNER OF

APPOINTMENTS TO THE NASHUA BOARD OF POLICE COMMISSIONERS

e Tabled at Board of Aldermen August 10" meeting

R-21-165
Endorsers: Mayor Jim Donchess
Alderman-at-Large Michael B. O’Brien, Sr.
Alderman Patricia Klee
Alderman Skip Cleaver
AUTHORIZING THE CITY OF NASHUA TO ENTER INTO COMMUNICATIONS TOWER LEASE
AGREEMENT
Given its second reading;

MOTION BY ALDERMAN O’BRIEN FOR FINAL PASSAGE OF R-21-165, BY ROLL CALL

ON THE QUESTION

Board of Aldermen 10-12-2021 Page 12
Alderman O’Brien

Thank you, Madam President. As | hope we all remember, this has dealings with the potential cell tower

that's going to look like a light stanchion that's going to be in Holman Stadium. We are very fortunate to have a
good legal team. They worked with the provider on this and with that we’re going to get some on this particular
post some new additional lighting and at a better cost. So it's a win/win for the city and this type of thing. Also
too if it increases a cell phone coverage for our constituents in that area, that's another win/win. So | urge you
all to support this. Thank you.

President Wilshire
Any discussion?
Alderman Klee

Thank you again, Madam President. | agree with Alderman O'Brien in that it is a win/win situation and having it
in Ward 3, it's a real big boon for us. So | would like to see this passed as well.

President Wilshire
Further discussion? Seeing none, would the Clerk please call the roll?
A viva voce roll call was taken which resulted as follows:

Yea: Alderman O’Brien, Alderman Klee, Alderman Dowd, Alderman Caron,
Alderman Clemons, Alderman Lopez, Alderman Tencza,
Alderwoman Lu, Alderman Jette, Alderman Schmidt, Alderman Laws,
Alderman Cleaver, Alderwoman Harriott-Gathright, Alderman Wilshire 14

Nay: 0
MOTION CARRIED
Resolution R-21-165 declared duly adopted.

R-21-170
Endorsers: Mayor Jim Donchess
Alderman-at-Large Michael B. O’Brien, Sr.
Alderman Patricia Klee
Alderman Richard A. Dowd
Alderman-at-Large David C. Tencza
Alderman Skip Cleaver
Alderman Jan Schmidt
Alderman Linda Harriott-Gathright
Alderman-at-Large Lori Wilshire
Alderman-at-Large Brandon Michael Laws
Alderman Thomas Lopez
RELATIVE TO THE APPROVAL OF THE IMAGINE NASHUA 2021 MASTER PLAN
Given its second reading;

MOTION BY ALDERMAN TENCZA FOR FINAL PASSAGE OF R-21-170 BY ROLL CALL

ON THE QUESTION

Board of Aldermen 10-12-2021 Page 13
Alderman Tencza

Just briefly, Madam President. To echo what the Mayor was saying before just thank you to the committee
members, everyone who came out. We may have benefited that so many of the meetings were virtual and it
was at a time when people had time. So although it's been 20 years since the city has developed a Master
Plan, | think we can all be very happy with the outcome, with the participation, and | think this will serve as well
into the near future and hopefully we're back here in 10 years with a slight update to this plan we're putting
forth tonight. Thank you.

President Wilshire

Thank you. Alderman Lopez.

Alderman Lopez

Yeah, | want to echo what Alderman Tencza said. | guess we’re echoing each other today. | want to
underscore it as very important that we continue to update this as it goes because we let this one get out of
date very much so the plan didn't really reflect what Nashua’s needs were when the Zoning Board and the
Planning Board were trying to use it. So it's important for us to do our due diligence and make sure that |
guess our future due diligence and make sure that this stays up to date. It was a huge undertaking to update it
and make it what it is today, which is wonderful and | really appreciate all the work that went into it. But we
don't actually have a crystal ball so we can't see the future, so we need to stay nimble as a city and make sure
that we're recognizing the needs of our constituents as they present themselves.

President Wilshire

| did attend many of the meetings and | was so impressed with the participation, and | agree with Alderman
Tencza and | think | spoke to Director Marchant about the captive audience. The amount of people who were
able to Zoom in and participate in this | thought was tremendous. I'd also like to thank Community
Development, especially Amber Morgan for her leadership in Chairing this Committee so thank you very much
- and everyone who worked on it. It's great and Matt back there to shaking his head. Yeah. Further
discussion?

Alderman Klee

Thank you again, Madam President. | just want to echo the words from everybody and | really would like to
thank the community for coming out. | hate to say that anything good came out of COVID but | do believe that
something good came out of COVID and there was more participation than ever before. People didn't have to
leave their homes they could do it. Through Director Marchant and in Amber’s guidance, we had the - and
Matt and everybody. | hate to keep naming people and forget somebody but we had the online polling where
people could literally just put a pin in a mask and say what they wanted or what there was an area and | had a
lot of constituents that called me asked questions. So | know that Ward 3 was quite involved in and so on. So
| do want to thank everybody’s working and all your ideas. They were phenomenal and the community came
up with some brilliant idea. So thank you.

Alderwoman Lu

| want to just reiterate that it's baffling to me that one Ward would not be included in membership and that no
one that was involved in this committee recognized it or thought it was important to in order to rally that
particular Ward while having an actual resident appointed. | cannot monitor the appointments and whether
they comply with the resolutions that we vote on. I've brought up in the past that it seems when a committee
appointment is required to be a Nashuan or it has certain restrictions or qualifications that are required, | don't
understand where the accountability sets for that. There's a reason for them for these appointments to have
characteristics that are described in our ordinances.

Board of Aldermen 10-12-2021 Page 14

I'm told that the committee that approves the Mayor’s selections is not tasked with ensuring that the
qualifications are being met. So! assume that our Legal Department is. | don't know who the Mayor is using
to keep these appointments proper, but they didn't treat Ward 6 properly and I'm just baffled that nobody
thought to give me a call. Thank you.

Alderman Lopez

| cannot speak for all the other Alderman but | will say | don't entirely trust all of the at-large Aldermen to
remember Ward 4 because you're all representing the whole city instead of the individual ones. So nobody
called me to let me know that there was nobody on Ward 4. | went through the list. | asked the Mayor about it.
The Mayor identified somebody who was definitely in June's Ward and then | gave him a list of candidates. So
Aldermen Caron sorry.

So | will say that we all do our responsibilities differently but if anybody from Ward 4 is listening and you reach
out to me, whenever | see things like this where | want to make sure that Ward 4 is fully represented and that
our perspective is heard, it does help to have a list of people so maybe everybody listening should reach out to
your local Ward Alderman if you're interested in volunteering or being involved or anything like that. Then as
Ward Aldermen, we can make sure that our residents are heard and are on these committees and on these
boards.

President Wilshire

Anyone else? Motion before us is for final passage of Resolution R-21-170 by roll call. Would the Clerk please
call the roll?

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

Yea: Alderman O’Brien, Alderman Klee, Alderman Dowd, Alderman Caron,
Alderman Clemons, Alderman Lopez, Alderman Tencza,
Alderman Jette, Alderman Schmidt, Alderman Laws, Alderman Cleaver,
Alderwoman Harriott-Gathright, Alderman Wilshire 13

Nay: Alderwoman Lu 1
MOTION CARRIED
Resolution R-21-170 declared duly adopted.

R-21-172
Endorsers: Mayor Jim Donchess
Alderman-at-Large Michael B. O’Brien, Sr.
Alderman Richard A. Dowd
Alderman Thomas Lopez
Alderman Linda Harriott-Gathright
Alderman-at-Large Brandon Michael Laws
Alderman Skip Cleaver
Alderwoman-at-Large Shoshanna Kelly
Alderman-at-Large Lori Wilshire
AUTHORIZING THE MAYOR TO ENTER INTO A SECOND AMENDMENT TO CONCESSION
AGREEMENT WITH GRANITE DIAMOND, LLC
Given its second reading;

MOTION BY ALDERMAN HARRIOTT-GATHRIGHT FOR FINAL PASSAGE OF R-21-172 BY ROLL CALL

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

Board of Aldermen 10-12-2021 Page 15

Yea: Alderman O’Brien, Alderman Klee, Alderman Dowd, Alderman Caron,

Alderman Clemons, Alderman Lopez, Alderman Tencza,

Alderwoman Lu, Alderman Jette, Alderman Schmidt, Alderman Laws,

Alderman Cleaver, Alderwoman Harriott-Gathright, Alderman Wilshire 14
Nay: 0

MOTION CARRIED
Resolution R-21-172 declared duly adopted.

R-21-173
Endorsers: Mayor Jim Donchess
Alderman-at-Large Michael B. O’Brien, Sr.
Alderman Richard A. Dowd
Alderman Thomas Lopez
Alderman Linda Harriott-Gathright
Alderman-at-Large Brandon Michael Laws
Alderman Skip Cleaver
Alderwoman-at-Large Shoshanna Kelly
Alderman-at-Large Lori Wilshire
APPROVING THE COST ITEMS OF A COLLECTIVE BARGAINING AGREEMENT BETWEEN THE
NASHUA BOARD OF EDUCATION AND THE NASHUA TEACHERS’ UNION, LOCAL #1044 AFT, AFL-
CIO, UNIT B PARA-EDUCATORS FROM JULY 1, 2020 THROUGH JUNE 30, 2022 AND RELATED
TRANSFERS
Given its second reading;

MOTION BY ALDERMAN DOWD FOR FINAL PASSAGE OF R-21-173, BY ROLL CALL
ON THE QUESTION
Alderman Dowd

Yes this was unanimously approved at the Budget Committee. It was stated in several instances that the
Paras are a huge, huge asset to the city, and to the teachers, and to the students. These Paras. as was stated
underpaid based on everything that's happening and the job they perform. So | would ask that we get
unanimous approval. Thank you.

President Wilshire

Further discussion, Alderman Lopez.

Alderman Lopez

| just would like to say that | would not be where | am today without paraprofessionals. | appreciate all their
help over the years. | never bit or spit or anything like that but | definitely had my challenges to work through. |
would also say that they are increasingly critical to our school performance and needs as we see more adverse
childhood experiences piling up - not just from the opioid crisis and from, you know, increases in domestic
violence but from the blockbuster year that was 2020 and, you know, 2021 is shaping up to be. We need to
make sure that our staff are supported. We need to make sure that they're equipped to do the things they
need to do in order to help our children be successful and that includes making sure paying that we're paying
them a living wage.

Alderman O'Brien

Thank you, Madam President. | just want to say that | am so happy to vote for this. In the past of my time on

Board of Aldermen 10-12-2021 Page 16

the Board, the past Board President Brian McCarthy could not vote for this because his wife like my wife,
Diane, worked as a Paraprofessional. My wife worked up at the Broad Street preschool for over 20 years.
She did not get a pension because the hours that she worked with did not count as a full-time job in the
preschool environment. Her duties there was to assist the teachers because these were special needs kids.
They needed a lot of attention. The teachers had to do work and sadly another issue that's out there is
sometimes teachers kind of sit down and just do the paperwork. So who fills the void and does the work? It's
the Paras. The work that my wife did even into potty training some of the kids that came up. So as they
moved on and perhaps maybe hopefully they went to Harvard or somewhere else, they can have their potty
training experience from my wife. That's her educational legacy. But the thing is to have qualified people to do
this at such a low rate of pay - | was very fortunate in my occupation to do the wife and it’s what we both
agreed to. Yeah she could have gone out — she’s college educated. She could have done something else but
my daughter was born with Cerebral Palsy so we understand the needs. Our daughter received a good
education because of the Paraprofessionals. So | can speak highly. I'm very happy to give my vote for this.
This is one that | think the first time so that | could do so and it gives me such pleasure to do it. Thank you
Madam President.

President Wilshire
Thank you for sharing your story Alderman O'Brien. Further discussion?
Alderman Cleaver

I’d just like to mention that we need to raise the pay over the next year or so. The next contract should do
much better for these people. They do an outstanding job.

President Wilshire
They do. Thank you. Anyone else? See no one, would the Clerk please call the roll.
A viva voce roll call was taken which resulted as follows:
Yea: Alderman O’Brien, Alderman Klee, Alderman Dowd, Alderman Caron,
Alderman Clemons, Alderman Lopez, Alderman Tencza,
Alderwoman Lu, Alderman Jette, Alderman Schmidt, Alderman Laws,
Alderman Cleaver, Alderwoman Harriott-Gathright, Alderman Wilshire 14
Nay: 0
MOTION CARRIED
Resolution R-21-173 declared duly adopted.
President Wilshire
Thank you to all the Paras. out there.

UNFINISHED BUSINESS — ORDINANCES - None

NEW BUSINESS — RESOLUTIONS

R-21-174
Endorsers: Mayor Jim Donchess
Alderman-at-Large Michael B. O’Brien, Sr.
Alderman Patricia Klee
Alderman Richard A. Dowd

Board of Aldermen 10-12-2021 Page 17

Alderman June M. Caron

Alderman Thomas Lopez
Alderman-at-Large David C. Tencza
Alderman Jan Schmidt

Alderman Skip Cleaver

Alderman Linda Harriott-Gathright
Alderman-at-Large Lori Wilshire

RELATIVE TO THE ACCEPTANCE OF $25,000 FROM THE STATE OF NEW HAMPSHIRE,
DEPARTMENT OF SAFETY, STATE HOMELAND SECURITY GRANT PROGRAM INTO FIRE GRANT
ACTIVITY “2020 HOMELAND SECURITY GRANT PROGRAM”

Given its first reading; Assigned to the HUMAN AFFAIRS COMMITTEE by President Wilshire

R-21-175
Endorsers:

Mayor Jim Donchess
Alderman-at-Large Michael B. O’Brien, Sr.
Alderman Patricia Klee

Alderman Richard A. Dowd
Alderman June M. Caron

Alderman Thomas Lopez
Alderman-at-Large David C. Tencza
Alderman Jan Schmidt

Alderman Skip Cleaver

Alderman Linda Harriott-Gathright
Alderman-at-Large Lori Wilshire

RELATIVE TO THE ACCEPTANCE OF $300,000 FROM THE STATE OF NEW HAMPSHIRE,
DEPARTMENT OF SAFETY INTO POLICE GRANT ACTIVITY “FY2022 OPIOID ABUSE REDUCTION
INITIATIVE (OARI) GRANT”

Given its first reading; Assigned to the HUMAN AFFAIRS COMMITTEE by President Wilshire

R-21-176
Endorsers:

Mayor Jim Donchess
Alderman-at-Large David C. Tencza
Alderman-at-Large Michael B. O’Brien, Sr.
Alderman Patricia Klee

Alderman Richard A. Dowd
Alderman June M. Caron

Alderman Thomas Lopez

Alderman Jan Schmidt

Alderman Skip Cleaver

Alderman Linda Harriott-Gathright
Alderman-at-Large Lori Wilshire

RELATIVE TO THE ACCEPTANCE OF $128,781.82 FROM THE FEDERAL DEPARTMENT OF
HOMELAND SECURITY INTO FIRE GRANT ACTIVITY “FY2020 ASSISTANCE TO FIREFIGHTERS
GRANT” AND AUTHORIZING THE TRANSFER OF MATCHING FUNDS

Given its first reading; Assigned to the HUMAN AFFAIRS COMMITTEE by President Wilshire

R-21-177
Endorsers:

Mayor Jim Donchess

Alderman-at-Large Michael B. O’Brien, Sr.
Alderman Richard A. Dowd

Alderman Thomas Lopez

Alderman Skip Cleaver

Alderman Linda Harriott-Gathright

RELATIVE TO THE SUPPLEMENTAL APPROPRIATION OF $250,000 OF FY2021 ASSIGNED FUND
BALANCE INTO FUND #6500 “PROPERTY & CASUALTY SELF INSURANCE FUND”

Board of Aldermen 10-12-2021 Page 18

Given its first reading; Assigned to the BUDGET REVIEW COMMITTEE and SCHEDULE A SPECIAL BOARD
OF ALDERMEN PUBLIC HEARING ON MONDAY, OCTOBER 285, 2021 at 7:00 p.m. by President Wilshire

R-21-178
Endorsers: Mayor Jim Donchess

Alderman-at-Large Michael B. O’Brien, Sr.
Alderman Patricia Klee
Alderman Richard A. Dowd
Alderman Jan Schmidt
Alderman Skip Cleaver
Alderman Linda Harriott-Gathright
Alderman-at-Large Lori Wilshire

CHANGING THE USE OF FUNDS FOR A COMMUNITY DEVELOPMENT CAPITAL IMPROVEMENTS
PROJECT FROM MASTER PLAN TO LAND USE CODE UPDATE

Given its first reading; Assigned to the BUDGET REVIEW COMMITTEE by President Wilshire

NEW BUSINESS — ORDINANCES - None

PERIOD FOR GENERAL PUBLIC COMMENT

Michael O’Connor

So Michael O'Connor, 42 Berkeley Street. Good evening. I'm here to comment on the assertions made by Mr.
Bolton at your last Board meeting after he interrupted Alderwoman Lu's remarks. Mr. Bolton downplayed the
July 14th Superior Court ruling, which was clearly in favor of Mrs. Ortolano. Alderwoman Lu had attempted to
discuss the ruling against the city. Mr. Bolton started his interruption asserting untrue and then quibbled over
meaningless distinctions and various other grievances.

During this talk over of Alderwoman Lu facilitated by President Wilshere, Mr. Bolton appeared to have been
triggered when the Alderwoman has stated the Legal Department was admonished in the ruling. | quote, “The
Judge did say that the city, not the Legal Department, the city was dilatory in providing those documents.”
Okay, the city was admonished but let's remember that the job of Mr. Bolton is to represent the city. So |
guess the record should show our unadmonished Legal Department served our admonished city poorly. | will
quote a few excerpts from the clear court ruling. “It is undisputed that the city first informed the plaintiff that the
requested files were unavailable due to the corruption of the tape backups nine months after her initial request.
The city's actions or inactions shows that it was disregarding the discovery request or misleading the plaintiff
about the availability of responsive documents. The city has not demonstrated substantial justification for their
conduct. The court notes and admonishes the city for its objection. The court finds the city's objections to go
against the underlying facts. The court also finds the tone of the city's objection concerning. The court is
concerned about the city's candor and if the city attempted in good faith to resolve the dispute. The stark
contrast between the objection and the city's position of the hearing is striking.”

| respectfully submit the five page ruling for your minutes. You would think a Superior Court questioning the
city's candor in good faith would be a worthwhile topic for this Board. One wonders why President Wilshire cut
off discussion of the ruling. The Board should consider a line in the February 9, 2016 Telegraph article which
reported the Mayor's intention to nominate Mr. Bolton for the City Attorney. The Mayor said...

Donna Graham, Legislative Affairs Manager

Thirty seconds.

Michael O’Connor

...| quote, “His team will carefully comply with State Right-to-Know laws and maintain open and transparent
government.” | request this Board and/or the Mayor instruct Mr. Bolton that he should facilitate that stated