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Board of Aldermen 09-28-2021 Page 20

President Wilshire
Further discussion? Alderman Tencza.
Alderman Tencza

You know So at 2.5% | know that the discussions about the budget in the spring, there was some dire predictions about
what it would it could be. So I'd just like to offer my congratulations | guess and thanks to the Mayor, Alderman Dowd,
members of the Budget Committee for working hard and getting that rate to what it is. | think that is - no one likes any
increase but 2.5% | think is pretty commendable given everything that the city has gone through over last two years.
Thank you.

President Wilshire
Anyone else? Seeing no one, would the Clerk please call the roll?
A viva voce roll call was taken which resulted as follows:

Yea: Alderman O’Brien, Alderwoman Kelly, Alderman Dowd, Alderman Caron,
Alderman Lopez, Alderman Tencza, Alderwoman Lu, Alderman Jette,
Alderman Laws, Alderman Cleaver, Alderwoman Harriott-Gathright,
Alderman Wilshire 12

Nay: 0
MOTION CARRIED
Resolution R-21-163 declared duly adopted.

R-21-164
Endorsers: Mayor Jim Donchess
Alderman-at-Large Michael B. O’Brien, Sr.
Alderman Patricia Klee
Alderman Richard A. Dowd
Alderman Skip Cleaver
Alderman Linda Harriott-Gathright
RELATIVE TO THE TRANSFER OF $30,000 FROM ACCOUNT 70100 “GENERAL CONTINGENCY” TO
ACCOUNTING CLASSIFICATION 51 “SALARIES & WAGES” IN ADMINISTRATIVE SERVICES ($25,000) AND
ECONOMIC DEVELOPMENT ($5,000) FOR THE PURPOSE OF FUNDING SALARIES
Given its second reading;

MOTION BY ALDERMAN O’BRIEN FOR FINAL PASSAGE OF R-21-164 BY ROLL CALL

ON THE QUESTION

Alderman O’Brien

Thank you, Madam President. As everybody knows, basically the contingency accounting allows us access to adjust
some salaries and like such as contract shortcomings, and different things. $25,000 of this general contingency is going
into the one department and another Economic Development will be getting $5,000. It has been approved by the Budget
Committee as Alderman Dowd stated. Thank you.

President Wilshire

Thank you. Motion is for final passage. Further discussion on that motion?

Alderwoman Lu

Thank you. If we could just ask a question of Director Kleiner. So | know | asked you about this at the Budget meeting
but afterwards | wondered, we lost someone and so someone is moving from one department to cover that and we're

Board of Aldermen 09-28-2021 Page 21

going to rehire. Between the two positions have we just decided that the salary needs to be increased to a total of
30,000?

Kim Kleiner, Administrative Services Director

Good evening. Director Kleiner. So no, that is not true. The employee that is moving from Risk Management to
Administrative Service is at a higher salary now. So the addition is into Administrative Services to cover that employee
who is a highly skilled employee and who has served in this role prior under Director Maureen Lemieux.

Alderwoman Lu

That makes sense. Thank you very much.

Kim Kleiner, Administrative Services Director

You're welcome.

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

Yea: Alderman O’Brien, Alderwoman Kelly, Alderman Dowd, Alderman Caron,
Alderman Tencza, Alderwoman Lu, Alderman Jette, Alderman Laws,
Alderman Cleaver, Alderwoman Harriott-Gathright, Alderman Wilshire 11

Nay: 0
MOTION CARRIED
Resolution R-21-164 declared duly adopted.

R-21-168
Endorsers: Mayor Jim Donchess
Alderman-at-Large Michael B. O’Brien, Sr.
Alderman Patricia Klee
Alderman Richard A. Dowd
Alderman Jan Schmidt
Alderman Linda Harriott-Gathright
Alderman Skip Cleaver
Alderman-at-Large Lori Wilshire
ESTABLISHING AN OPIOID ABATEMENT EXPENDABLE TRUST FUND FUNDED BY APPROPRIATIONS AND
MAKING A SUPPLEMENTAL APPROPRIATION OF $27,223.40 INTO THE EXPENDABLE TRUST FUND
Given its second reading;

MOTION BY ALDERMAN JETTE FOR FINAL PASSAGE OF R-21-168, BY ROLL CALL
ON THE QUESTION
Alderman Jette

So Director Bagley appeared before the Budget Review Committee last evening and explained that this is an expendable
trust fund that's being created to receive the money that is the result of settlements and maybe judgments depending on a
bunch of cases, legal cases regarding the opioid manufacturers. These cases have been brought by Attorneys General
across the country and some private law firms. So the results of that are starting to come in. So this is establishing a
trust fund to receive that money and the first installment is this $27,223 which the city is going to use to deal with the
opioid crisis in trying to abate it. Hopefully this is just a small part of what will be a lot more money coming in. That's the
purpose of it.

President Wilshire

Thank you Alderman Jette. Discussion?

Board of Aldermen 09-28-2021 Page 22
Alderwoman Lu

Just a quick question about the wording. I'm unfamiliar typically, | thought, I've always seen accept and appropriate funds
as they come in. But R-21-168 and 169 have different phrasing that made me wonder where the money was coming from
because there's no acceptance. Perhaps Corporation, Legal could just help me out here.

Steve Bolton, Corporation Counsel

There is no grant which requires us to accept conditions. This is money that is coming to us because we brought suit
against opioid manufacturers, distributors, and so forth. This as Alderman Jette said, this is the payment resulting from
the settlement of one case. There will be many more, but it is not similar to things you've seen before which require
acceptance of grant conditions.

Alderwoman Lu

Okay, thank you. If |! could just tag on to the next one is that also the case with that? The money is actually coming into
the city with R-21-169 from Liberty Utilities.

Steve Bolton, Corporation Counsel

That's different in another way. Basically, Liberty Utilities wants to access some city property to go work on its own
distribution system. While they've got the trench open, we want to make use of that by accessing some city facilities
which it makes sense and a good deal was negotiated whereby Liberty is going to pay us $38,000 and change and that
will enable us to do what had otherwise been on scheduled work at a net of no charge. So it's taking advantage of the
timing and it's a good opportunity both for the city and for Liberty.

Alderwoman Lu
Okay, thank you very much.
President Wilshire

Motion before us is for final passage of Resolution R-21-168 by roll call. Further discussion on that motion? Seeing none
with the Clerk please call the roll.

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

Yea: Alderman O’Brien, Alderwoman Kelly, Alderman Dowd, Alderman Caron,
Alderman Lopez, Alderman Tencza, Alderwoman Lu, Alderman Jette,
Alderman Laws, Alderman Cleaver, Alderwoman Harriott-Gathright,
Alderman Wilshire 12

Nay: 0
MOTION CARRIED
Resolution R-21-168 declared duly adopted.

R-21-169
Endorsers: Alderman Patricia Klee
Alderman-at-Large Michael B. O’ Brien, Sr.
Alderman-at-Large Ben Clemons
Alderman Skip Cleaver
AUTHORIZING THE CITY OF NASHUA TO ENTER INTO AN AGREEMENT AND CONSENT TO JOINT USE WITH
LIBERTY UTILITIES AND MAKING A SUPPLEMENTAL APPROPRIATION OF $38,394
Given its second reading;

MOTION BY ALDERMAN O’BRIEN FOR FINAL PASSAGE OF R-21-169, BY ROLL CALL

ON THE QUESTION

Board of Aldermen 09-28-2021 Page 23

Alderman O’Brien

Thank you. Pretty much what Corporate Counsel has stated, this is a joint agreement with Liberty Utilities in the adjacent
area 39 Swart Terrace, Nashua. Liberty agrees to compensate the City of Nashua in the amount of $38,394. This one-
time payment reflects the city's cost to reline the existing drain line in the area where the new gas line will be installed. As
was discussed before as we know whenever we can reline, we're going to get additional life expectancy out of those
particular pipes. So this is a pretty good thing. If there's any other technical questions, | do see Mr. Hudson of the city
Engineering Department is online if there's more technical information needed. Thank you, Madam President.

President Wilshire

The motion is for final passage of Resolution R-21-169 by roll call. Further discussion on that motion? Seeing none
would the Clerk please call the roll?

A viva voce roll call was taken which resulted as follows:
Yea: Alderman O’Brien, Alderwoman Kelly, Alderman Dowd, Alderman Caron,

Alderman Lopez, Alderman Tencza, Alderwoman Lu, Alderman Jette,

Alderman Laws, Alderman Cleaver, Alderwoman Harriott-Gathright,

Alderman Wilshire 12
Nay: 0
MOTION CARRIED
Resolution R-21-169 declared duly adopted.
UNFINISHED BUSINESS — ORDINANCES - None

NEW BUSINESS —- RESOLUTIONS

R-21-171
Endorser: Mayor Jim Donchess
ISSUING PRECEPTS TO THE SELECTMEN OF THE CITY WARDS FOR THE MUNICIPAL GENERAL ELECTION
ON NOVEMBER 2, 2021

MOTION BY ALDERMAN CARON THAT THE RULES BE SO FAR SUSPENDED AS TO ALLOW FOR THE SECOND
READING OF R-21-171, BY ROLL CALL

A viva voce roll call was taken which resulted as follows:
Yea: Alderman O’Brien, Alderwoman Kelly, Alderman Dowd, Alderman Caron,
Alderman Lopez, Alderman Tencza, Alderwoman Lu, Alderman Jette,
Alderman Laws, Alderman Cleaver, Alderwoman Harriott-Gathright,
Alderman Wilshire 12
Nay: 0
MOTION CARRIED
Resolution R-21-171 given its second reading;
MOTION BY ALDERMAN CARON FOR FINAL PASSAGE OF R-21-171, BY ROLL CALL
ON THE QUESTION

Alderman O’Brien

Yes. Just to remind the sheets did go out and make sure everybody signs it before they leave this evening so we could
do the paperwork. Thank you.

CxX16x14 Commercial 16X14 Installation Kit Includes: 5.00
- Weather Seal
- Reinforcing Struts)
- Angle tron
- Slide Lock(s)

Sub-Total $50,000.30
Tax $0.00

Total $50,000.30
Thank you for choosing Fimbel Garage Doors!

The summary is furnished by Fimbel Garage Doors as a good faith estimate of work to be performed at Nashua DPW. This Estimate is based on
our initial evaluation and does not include material price increases or additional labor due to unforeseen circumstances after the work has
started. | agree to the estimate and authorize Fimbel Garage Doors to perform the work as summarized. | agree to pay the full amount for all
work performed based on the Terms and Conditions set by my sales representative.

Board of Aldermen 09-28-2021 Page 24

President Wilshire

Thank you, Alderman O'Brien. Motion is for final passage of Resolution R-21-171 by roll call. Further discussion?
Seeing none, will the clerk please call the roll?

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

Yea: Alderman O’Brien, Alderwoman Kelly, Alderman Dowd, Alderman Caron,
Alderman Lopez, Alderman Tencza, Alderwoman Lu, Alderman Jette,
Alderman Laws, Alderman Cleaver, Alderwoman Harriott-Gathright,
Alderman Wilshire 12

Nay: 0
MOTION CARRIED
Resolution R-21-171 declared duly adopted.

R-21-172
Endorsers: Mayor Jim Donchess
Alderman-at-Large Michael B. O’Brien, Sr.
Alderwoman Elizabeth Lu
Alderman Skip Cleaver
AUTHORIZING THE MAYOR TO ENTER INTO A SECOND AMENDMENT TO CONCESSION AGREEMENT WITH
GRANITE DIAMOND, LLC
Given its first reading; Assigned to the FINANCE COMMITTEE by President Wilshire

Without objection, President Wilshire suspended the rules to allow for a Resolution that was received after the
agenda was prepared.

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

NEW BUSINESS —- ORDINANCES

O-21-071
Endorsers: Alderman Patricia Klee
Alderman Thomas Lopez
REMOVING THE FINE LIMITATION ON ANIMAL ORDINANCE VIOLATIONS RELATING TO DOGS
Given its first reading; Assigned to the PERSONNEL/ADMINISTRATIVE AFFAIRS COMMITTEE by President Wilshire

PERIOD FOR GENERAL PUBLIC COMMENT
Laurie Ortolano
Laurie Ortolano, 41 Berkeley Street. Just wanted to talk to you a few minutes about the assessing updates that's going to

take place in November. | would have liked to have seen it take place sooner. | think it becomes a little bit of a political
move when it's done after an election and not done when it should be done to give citizens information about this

Board of Aldermen 09-28-2021 Page 25

important issue. It's been a very long time since we've had an update. | did address this with the Mayor at the coffee in
July. He did believe that September would be the month we could have that update.

And | want to let you Know as I've gone around campaigning and speaking to citizens, the senior citizens are most very
concerned. They're very concerned about what's going to happen with their property values at this next revaluation and |
think they have good reason to be very concerned. | think there should be some creative thinking done here on how
we're going to address that and how you're going to address the tax exemption for those folks or broadening something
out that would encompass more than what we currently have. You know | really think this is an important issue and | think
the citizens deserve to have an understanding of what's going on with Vision. They've collected six months of data.
There's only another six months left before the model is developed and the information is rolled out and it would be nice to
know if those numbers are going to come out in the July tax bill or if we're going to wait until December. But | think the
sooner we can prepare people for what's going to happen next year the better because you'll See escrow accounts on
some of these houses change by $1,000s, $2,000, $3,000, $4,000 bucks and you can't afford to see that in December
when your bill is due next year. | think we owe it to them to give a heads up. That's as long as possible so they can save
and understand what's going to go on here if there is this shift between the commercial and residential properties.

Also, | think we have a long way to go and listening to the public and the city owning and taking responsibility when
mistakes are made. The letter read by Miss Kleiner was so very disappointing because it shows that the city takes no
responsibility for what went on in that Assessing Department and how an assessment was handled. And given the short
staffing. | am extremely concerned about the Legal office having involvement with...

Donna Graham, Legislative Affairs Manager
Thirty seconds.
Laurie Ortolano

... abatements particularly residential abatements because when they hold a grudge an this Mayor and this Corporate
Counsel decided to go after somebody that they don't like by some affiliation, it becomes an all-out pitch battle and a lot of
money is spent. And that's the personality of these people and that's going to happen because you don't have assessors
down there to handle abatements that are going to roll in in 30 days. Very, very concerning to me how that's going to be
addressed. Thank you.

President Wilshire

Anyone else? | don't see anyone online or on Zoom. Okay.
REMARKS BY THE MEMBERS OF THE BOARD OF ALDERMEN
Alderman Jette

Yes thank you, Madam President. In spite of my meager attempt to humor at the beginning of the meeting, | would like to
thank whoever this anonymous donor is who is willing to donate $1 million and | want to compliment the fundraising
committee that obtained that pledge and a lot of other pledges. Every dollar that the committee raises from voluntary
contributions are dollars that the city and the taxpayers don't have to come up with. So | applaud their efforts and
congratulate them on that.

| also wanted to mention, | wanted to compliment the New Hampshire Symphony which is beginning its new season.
They have a concert this Thursday at the Riverwalk and then a larger, more formal thing at the Keefe Auditorium next
week. | wanted to compliment them because | read that they have instituted a policy where they're going to require
people to show proof of vaccination before they can enter the building. And in addition to that, everyone is going to have
to wear a mask, whether you're vaccinated - well you can't get in unless you're vaccinated. But even if you are
vaccinated, you still have to wear a mask. They're taking responsibility for this. If you bought a ticket and you show up
and you can't prove that you're vaccinated or you don't want to wear a mask for whatever reason, children under 12, who
can't get a vaccine will not be allowed to attend. So no one who was who is not vaccinated and will not wear a mask will
be allowed in the building. So | applaud — and if you bought a ticket, they'll refund your money. So they're taking
responsibility financial and otherwise to help us deal with this pandemic and my hat is off to them for that. Thank you.

Alderwoman Lu

Thank you. | also want to congratulate the fundraising committee. They have done a great job and thank you Philip

Board of Aldermen 09-28-2021 Page 26

Scontsas.

I'd like to just ask a couple things and | had hoped to speak with Ms. Kleiner. Who conducts the exit interviews when our
staff leaves? Do you know, Mr. Mayor?

Mayor Donchess

Well in that department, | think its Ms. Kleiner.

Alderwoman Lu

Oh, so we don't have someone from outside of the department of the staff that's leaving?

Mayor Donchess

No.

Alderwoman Lu

I'm sorry. | didn't hear you

Mayor Donchess

No.

Alderwoman Lu

Okay and | just wanted to make sure | understand that 2.5 figure, and I'm sorry, | heard a few different things among us.
Mayor Donchess

Why don't | take that? So it's 2.5 or a little bit more. | mean, it could be 2.7...

Alderwoman Lu

| understand that’s not set in stone.

Mayor Donchess

It's the percent of increases you suggested.

Alderwoman Lu

Oh, okay. Thank you.

And finally, | just want to | want to be certain that it's known that Miss Ortolano she asked for 10%. She saw and
supported a 10% reduction in her assessment but she had to spend a year or so fighting that with very little cooperation.
BTLA concurred that she had made her case and | don't know if any of - | feel if | had been in that position, it would have
been very difficult. She requested records. She had to go to court for the records. The Judge at Superior Court
admonished our legal representative.

Steve Bolton, Corporation Counsel

That’s untrue.

Alderwoman Lu

Our legal representative...

Board of Aldermen 09-28-2021 Page 27

Steve Bolton, Corporation Counsel
You weren't there. You don't know. That's untrue.
Alderwoman Lu

If any of us look at the Judge's ruling, she was awarded her legal fees for this particular case because of well, because
the Judge decided to admonish what our legal team did and | just want...

Steve Bolton, Corporation Counsel

No that’s not true. The Legal Department was not admonished by the Judge.

Alderwoman Lu

I'd be happy to show you. Okay. Come and read it. But | just want to make that point because this is an individual that
had to work hard to get what she felt was right and | just feel that City Hall is a form of customer service. | know it's hard.
I'm sure it's very hard but the laws say that the residents have a right to these things. And this is a real pain when you get
this many requests but what if there were 15 individuals and each of them were requesting 1/15 of that? We have to find
a way to be able to provide open access. I'm not saying transparency, but its access to the workings of, you know, to
anything that is legally accessible to a citizen. Thank you.

Steve Bolton, Corporation Counsel

May | respond?

President Wilshire

Attorney Bolton.

Steve Bolton, Corporation Counsel

Three years ago, Mrs. Ortolano became concerned for valid reasons about the assessment on her property. She asked
questions in various departments of city government, including the Legal Department. She was welcomed into my office,
my personal office. | spoke to her at length about assessing generally but | was not in a position and | explained to her
that | could not address her particular situation. That was not my role. Eventually, she made many requests for
documents under the Right-to-Know Law. My office became involved often in providing those documents to her. To this
point in time, we've provided to her over 40,000 pages of city records. She has brought four different lawsuits claiming
that certain things were not produced. That too much time was spent in producing certain records.

Alderwoman Lu

Excuse me point of order. | didn't...

President Wilshire

He’s got the floor.

Steve Bolton, Corporation Counsel

I’m speaking. Am | allowed to speak?

President Wilshire

He’s got the floor.

Alderwoman Lu

| had the floor when he interrupted. | didn't introduce this so...

Board of Aldermen 09-28-2021 Page 28

President Wilshire

All right, enough.

Alderwoman Lu

...80 that this woman would be...

President Wilshire

Enough Alderman Lu. Someone else was speaking.
Steve Bolton, Corporation Counsel

She has brought four different lawsuits claiming various what she believes to be infractions of the Right-to- Know Law. In
the course of those lawsuits, she has brought motions for summary judgment in three particular instances. The Judge
has found against her on all three of those. In one discovery dispute, the Judge did say that the city, not the Legal
Department, the city, was dilatory in providing those documents that had been requested and ordered that attorney’s fees
be paid for those costs incurred by her in obtaining those records that should have been provided at an earlier time.
That's the only thing she's won in those lawsuits, all four of which are still pending.

In the case of her abatement on her home, she contended that she was due a lowering of the amount to a certain dollar
figure who | can't remember that exact figure. The city responded. The city met with Mrs. Ortolano, Legal Department -
myself, met with her and her attorney, and she basically adopted the position that she would not compromise that she
would only settle for the exact amount that she claimed her assessment should be. We were unwilling to meet that
demand. The case was tried not to a court to the Board of Tax and Land Appeals. She achieved a reduction in her
assessment. Not the reduction she sought. The Board of Tax Appeals came in slightly less than the middle. So to that
extent, she won. To the extent that the city achieved more than she was willing to compromise at, or not even
compromise at all, to the extent the abatement, the ultimate determined figure was higher than she insisted upon. The
city won. As many things are, it was not a win for either side.

Fact is I've never acted vindictively toward her. | have never insulted her, called her names, use vulgar language in front
of her, all of which he has done many times. She has misstated my age. She has ridiculed the fact that I've had some
medical issues in the past year. She has spread rumors that | am so ill I'm about to retire. None of that is true. She has
insisted that I've doubled the size of the legal staff in the five years that I've been there. None of which is true. She has
stated that | treat women badly and disrespectfully. Many of you know me and can make that evaluation for yourself. |
deny all of that. | have tried to fulfill my duties to the best of my ability in regard to this citizen and all citizens. | reiterate
that my door was open to her. | was always willing to talk to her as long as she would treat me and everyone else in my
office civilly. That has stopped. Thank you.

Alderwoman Lu

May | respond?

President Wilshire

We're not going to keep going back and forth on this.
Alderwoman Lu

Is that a yes or a no?

Alderman Lopez

Yeah so last week the Out of the Darkness Walk for suicide awareness took place. | want to thank everybody who
supported that cause - the American Foundation for Suicide Prevention. There were over 400 people there. It was very
encouraging but it's a drop in the bucket. | think we need to have larger conversations about the prevalence of suicide in
our city. | think we need to make sure that we're having those conversations in a way that lets people know that they're
not alone and that they're not experiencing those things in isolation. So | think we made some tremendous steps last
week and | look forward to more work in that area.