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Board of Aldermen 11-24-2020 Page 31

O-20-036

Endorser: Mayor Jim Donchess

ESTABLISHING PERFORMING ARTS CENTER BOARD OF TRUSTEES
Given its second reading;

MOTION BY ALDERMAN O’BRIEN FOR FINAL PASSAGE OF O-20-036 AS AMENDED, BY ROLL
CALL

ON THE QUESTION

President Wilshire

The motion is for final passage as amended. Discussion on that motion?

Alderman O’Brien

Yes, as amended, thank you.

Attorney Bolton

Madam President, the Full Board hasn’t amended it yet.

President Wilshire

Alderman Clemons?

MOTION BY ALDERMAN CLEMONS TO AMEND O-20-036 BY CREATING A VOTING LIASION FROM
THE BOARD OF ALDERMEN APPOINTED BY THE PRESIDENT AND AN ALTERNATE AS
DISCUSSED AT THE PREVIOUS MEETING BY ROLL

ON THE QUESTION

President Wilshire

Thank you, Alderman Clemons. The Motion is to amend; discussion on that motion? Alderman Dowd?

Alderman Dowd

The point for clarification, we had a meeting of the Full Board at the Special Board meeting and we
amended it at that meeting, it’s the same group.

Attorney Bolton
Doesn’t matter. This is the Full Board.
President Wilshire

Further discussion to amend? Seeing none, would the Clerk please call the roll?

Board of Aldermen 11-24-2020 Page 32
A viva voce roll call was taken 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 Laws,

Alderman Cleaver, Alderman Harriott-Gathright, Alderman Wilshire 15
Nay: 0
MOTION CARRIED

MOTION BY ALDERMAN O’BRIEN FOR FINAL PASSAGE OF O-20-036 AS AMENDED, BY ROLL
CALL

ON THE QUESTION
President Wilshire
Thank you, Alderman O’Brien. The Motion is for final passage as amended. Discussion on that motion?

Alderman Harriott-Gathright

Yeah, can | ask a question because | know we had the discussion earlier but the discussion also was
whether there were voting rights and those types of things. So | am just trying to figure out now what we
are voting on.

President Wilshire

OK, Alderman Clemons made a motion to amend by adding a voting member from the Board of Aldermen
and an alternate.

Alderman Harriott-Gathright

Then I’m good. Thank you.
President Wilshire

Thank you. Alderwoman Lu?
Alderwoman Lu

Thank you | would just like to state my support of Alderman Gathright’s comments about the makeup of the
Board. This is an opportunity for us to make it more inclusive. | hope that, | understand, | think that the
Mayor will appoint and ask for us to approve the Board is that how this will be done? | always ask a
question while I’m making a statement. But my statement is that | hope we consider that this in an
opportunity to be inclusive in a Board that involves a really important institution in our downtown, in the very
heart of our community. And a question, is this Board something that is appointed by the Mayor and then
approved by the Board of Aldermen?

President Wilshire

That is correct. However, the member from the Board of Aldermen is appointed by the President of the
Board of Aldermen and the alternate, like we do on other Committee assignments and liaison assignments.

Board of Aldermen 11-24-2020 Page 33
Alderwoman Lu

Thank you.

President Wilshire

You’re welcome. Further discussion? Alderman Lopez?

Alderman Lopez

Just to echo the statements of Alderman Gathright and Alderman Lu. It is a huge opportunity, if we are
trying to build a Performing Arts Venue which is attractive and financially self-sustaining, then there is some
opportunity for the Board of Trustees to be representative of the Community and have access to trends,
patterns, cultural enthusiasm and passion that will drive the project. All that being said, we are renting it out
to a third party vendor to manage it so all things are imperfect. But when we look at appointees, | hope the
Mayor will look at his typical array of diverse and qualified, dedicated Nashuans.

President Wilshire
OK. Alderman Tencza?
Alderman Tencza

Thank you Madam President. |’d actually like to make a further amendment to the Ordinance, just a brief,
hopefully non-controversial amendment. My thoughts on this are that the Board of Trustees are going to
promulgate rules and regulations as to how the Performing Arts Center is going to be managed essentially,
not on a day-to-day level but for the City. Paragraph D of the Ordinance states that “The Performing Arts
Center Board of Trustees shall make and execute all such rules and regulations for its Government with the
preservation of property under its charge and lease of management thereof, as it may from time to time be
necessary or expedient. | would make a motion that we include an additional sentence to paragraph D that
the Board of Trustees shall also require that Youth Programming be provided for through the management
company or some Youth Management Programming | should say be provided for and the reason | do this, |
had a conversation with Director Cummings earlier today. He explained to me kind of what provisions are
already in place for the New Market Tax Credits to provide tickets to underserved youth populations here in
Nashua. And | think that’s great and I’m sure that they will do that under the guidelines for the New Market
Tax Credits.

One of the things | heard tonight though was that after 7 years Mascoma will probably not be in involved
and therefore that requirement may go away. But also as | look at some of the facilities that Spectacle
Management books, if we are getting a lot of acts like, you know, music acts that are at night that may cater
more to an older population, | don’t think that will necessarily benefit the youth in Nashua. | do think that
there’s a public benefit to this building since the taxpayers are paying for it. So | would like to offer that
amendment to this Ordinance, for the Board’s consideration.

MOTION BY ALDERMAN TENCZA TO AMEND O-20-036 TO ADD A SENTENCE AT THE END OF
PARAGRAPH D, “THE BOARD OF TRUSTEES SHALL REQUIRE THE OPPORTUNITY TO PROVIDE
THAT SOME YOUTH PROGRAMMING BE PROVIDED FOR” BY ROLL CALL

ON THE QUESTION

President Wilshire

OK, I'd like to call on Director Cummings.

SPECIAL BOARD OF ALDERMEN

MARCH 21, 2016
7:30 PM City Hall Auditorium

PRESIDENT BRIAN S. MCCARTHY CALLS ASSEMBLY TO ORDER
PRAYER OFFERED BY CITY CLERK PATRICIA D. PIECUCH
PLEDGE TO THE FLAG LED BY ALDERMAN RICHARD A. DOWD
ROLL CALL

COMMUNICATIONS

From: Brian S. McCarthy, President, Board of Aldermen
Re: Special Board of Aldermen Meeting

PRESENTATIONS
Joint Presentation by Greater Nashua Chamber of Commerce and One Greater Nashua

ADJOURNMENT

Board of Aldermen 11-24-2020 Page 34

Director Cummings

Thank you, Madam President. For the record Tim Cummings, Director of Economic Development. | just
asked that Alderman Tencza make it very clear what the verbiage is in terms of inserting the one sentence
he is looking for and exactly where he would like it so we are understanding what the amendment is. With
that being said, | don’t foresee any issues with what he is requesting and it wouldn’t cause any problems.

President Wilshire
Thank you. Alderman Clemons?
Alderman Clemons

Yeah | was actually going to ask if the Alderman could repeat the sentence again, | just wanted to write it
down.

President Wilshire
Alderman Tencza?
Alderman Tencza

Sure. So it would be at the end of paragraph D and again it would say that “The Board of Trustees shall
require that some Youth Programming be provided for’. And that’s it, | certainly am not intending to
micromanage the management company. | understand that they are a for profit business, but | think there
should be some provision and | understand that there may already be people who are working on this. This
just codifies and clarifies for everyone in the future that this is important to us.

President Wilshire

Thank you Alderman Tencza. Being on the Steering Committee, | know that this has been discussed by the
Committee, but not put down in the Ordinance. So thank you. Alderman Clemons?

Alderman Clemons

Yeah | just had a further question to the maker of the motion if he might further amend to say instead “that
shall require the opportunity to provide some youth programming”. And the reason that | say that is
because the intention, | do think that there should be youth programming in there, | absolutely agree with
that. And | guess the idea there is that if a scheduling conflict was somehow to come up and not work out,
at least the words “the opportunity”, in other words we are going to try with our professional schedule to get
that in there. | don’t know if the maker of the motion would want that added in.

President Wilshire
Alderman Tencza.
Alderman Tencza
So | appreciate Alderman Clemons’ suggestion, | mean it’s important to make sure that, again, some Youth

Programming happens so at this point, | mean if the rest of the Board believes that language is more
appropriate, then I’d be fine with that.

Board of Aldermen 11-24-2020 Page 35
Alderman Schmidt

Thank you, Madam President. Do you think it would be appropriate to put this off and really study how we
should add this in rather than to do this on the seat of our pants right now?

President Wilshire

| know Director Cummings did say earlier that this was not as important to pass tonight as the other
Ordinance that we had before us. That’s a possibility. Alderman Klee.

Alderman Klee

Thank you, President Wilshire. | have a question | think for Director Cummings if that’s ok, Madam
President?

President Wilshire

You bet.

Alderman Klee

Thank you. Director Cummings, the MOU or | should say the Management Agreement, the Operator
Manager Agreement, would that not be kind of be the place where this would be outlined and stated. Not
that we shouldn’t put it in here, but | am just asking you, | Know that you’ve been working on that and so on.
But when we’ve talked in the past about having non-profit or local use of that space and putting that into the
contract and so on, are we not building that into it, is | guess what I’m asking?

President Wilshire

Director Cummings?

Director Cummings

Yes thank you, you are correct, in the Operating Agreement is where | would recommend you be explicit in
terms of your detail. However, adding such verbiage as being suggested would not run afoul and would
obviously make sure that it is part of the conversation moving forward.

Alderman Klee

Thank you.

President Wilshire

Alderman Harriott-Gathright?

Alderman Harriott-Gathright

So like | mentioned, there’s a lot more to that and thank you Alderman Tencza for the piece about the youth
because earlier when | talked, | didn’t talk about the youth, but | would like to make sure that there is
inclusion across the Board as far as a Trustee Organization or Director Organization or whatever it may be.
There needs to be inclusion representing the City of Nashua. So thank you for that.

President Wilshire

Director Cummings, did you have something else to add?

Board of Aldermen 11-24-2020 Page 36

Director Cummings
If | may, what | was going to suggest is that you vote the Legislation this evening and then we could
introduce new Legislation to speak to the various parts to amend the Legislation that’s before you to

address these issues. But it does show forward progress for us because | believe we all are conceptually
in the same place.

President Wilshire

OK the motion is to amend, 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, Alderman Klee, Alderwoman Kelly, Alderman Dowd,
Alderman Caron, Alderman Clemons, Alderman Lopez, Alderman Tencza,
Alderwoman Lu, Alderman Jette, Alderman Schmidt, Alderman Laws,
Alderman Cleaver, Alderman Harriott-Gathright, Alderman Wilshire 15
Nay: 0
MOTION CARRIED

MOTION BY ALDERMAN O’BRIEN FOR FINAL PASSAGE OF O-20-036 AS AMENDED, BY ROLL
CALL

A viva voce roll call was taken 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 Laws,
Alderman Cleaver, Alderman Harriott-Gathright, Alderman Wilshire 15
Nay: 0
Ordinance O-20-036 declared duly adopted as amended.

NEW BUSINESS — RESOLUTIONS

R-20-095
Endorser: Mayor Jim Donchess
Alderman Jan Schmidt
Alderman Patricia Klee
Alderman Elizabeth Lu
Alderman-at-Large Michael B. O’Brien, Sr.
Alderman Linda Harriott-Gathright
Alderman Skip Cleaver
Alderman Ernest A. Jette
AUTHORIZING THE EXPENDITURE OF UP TO TEN THOUSAND DOLLARS ($10,000) FROM THE
CONSERVATION FUND ON CONSULTING SERVICES WITH THE NASHUA REGIONAL
PLANNING COMMISSION
Given its first reading; assigned to the BUDGET REVIEW COMMITTEE by President Wilshire

Board of Aldermen 11-24-2020 Page 37

R-20-096
Endorser: Alderman Richard A. Dowd
Alderman-at-Large Michael B. O’Brien, Sr.
AUTHORIZING A REDUCTION OF A $330.00 VARIANCE APPLICATION FEE TO WIDEN
DRIVEWAY AT 16 HIDEAWAY ROAD TO $50.00
Given its first reading; assigned to the BUDGET REVIEW COMMITTEE by President Wilshire

R-20-097
Endorser: Alderman-at-Large Lori Wilshire
Alderman-at-Large Ben Clemons
Alderman Richard A. Dowd
Alderman-at-Large David C. Tencza
Alderman Patricia Klee
Alderman Jan Schmidt
Alderman-at-Large Michael B. O’Brien, Sr.
Alderman Tom Lopez
Alderman Linda Harriott-Gathright
Alderman Skip Cleaver
Alderman-at-Large Lori Wilshire
APPROVING THE COST ITEMS OF A COLLECTIVE BARGAINING AGREEMENT BETWEEN THE
NASHUA PUBLIC LIBRARY BOARD OF TRUSTEES AND NASHUA PUBLIC LIBRARY
EMPLOYEES, AFT, FPE, LOCAL #4831 FROM JULY 1, 2020 THROUGH JUNE 30, 2023 AND
AUTHORIZING A RELATED TRANSFER
Given its first reading; assigned to the BUDGET REVIEW COMMITTEE by President Wilshire

Without objection, President Wilshire allowed for suspension of the rules for the First Readings of
R-20-098 and R-20-099 that were received after the agenda was prepared

R-20-099
Endorser: Mayor Jim Donchess
Alderman Tom Lopez
Alderman Linda Harriott-Gathright
Alderman-at-Large David C. Tencza
Alderman Richard A. Dowd
Alderman Patricia Klee
Alderman Jan Schmidt
Alderman-at-Large Benjamin Clemons
Alderman-at-Large Michael B. O’Brien, Sr.
Alderman Skip Cleaver
Alderman-at-Large Lori Wilshire
APPROVING THE COST ITEMS OF A COLLECTIVE BARGANING AGREEMENT BETWEEN THE
CITY OF NASHUA, NEW HAMPSHIRE AND UAW LOCAL #2322, CLERICAL AND TECHNICAL UNIT
FROM JULY 1, 2020 THROUGH JUNE 30, 2024 AND AUTHORIZING RELATED TRANSFERS
Given its first reading; assigned to the BUDGET REVIEW COMMITTEE by President Wilshire

Board of Aldermen 11-24-2020 Page 38

R-20-099
Endorser: Mayor Jim Donchess
Alderman Tom Lopez
Alderman Skip Cleaver
Alderman Linda Harriott-Gathright
Alderman-at-Large David C. Tencza
Alderman Patricia Klee
Alderman Richard A. Dowd
Alderman Jan Schmidt
Alderman-at-Large Benjamin Clemons
Alderman-at-Large Michael B. O’Brien, Sr.
Alderman-at-Large Lori Wilshire
APPROVING THE COST ITEMS OF A COLLECTIVE BARGAINING AGREEMENT BETWEEN THE
CITY OF NASHUA, NEW HAMPSHIRE AND UAW LOCAL 2322, PROFESSIONAL UNIT FROM
JULY 1, 2020 THROUGH JUNE 30, 2024 AND AUTHORIZING RELATED TRANSFERS
Given its first reading; assigned to the BUDGET REVIEW COMMITTEE by President Wilshire

NEW BUSINESS — ORDINANCES

Q-20-037
Endorser: Alderwoman Elizabeth Lu
Alderman Richard A. Dowd
ESTABLISHING A 25 M.P.H. SPEED LIMIT ON ROBINSON ROAD

Given its first reading; assigned to the COMMITTEE ON INFRASTRUCTURE by President Wilshire

Q-20-038
Endorser: Alderman Richard A. Dowd
Alderwoman Elizabeth Lu
Alderman Patricia Klee
Alderman Tom Lopez
ESTABLISHING A 25 M.P.H. SPEED LIMIT ON CHARLOTTE AVENUE

Given its first reading; assigned to the COMMITTEE ON INFRASTRUCTURE by President Wilshire

O-20-039
Endorser: Mayor Jim Donchess
Alderman Linda Harriott-Gathright
Alderman Patricia Klee
Alderman Jan Schmidt
Alderwoman Elizabeth Lu
Alderman-at-Large Lori Wilshire
UPDATING THE FINANCIAL STANDARDS FOR THE CITY’S WELFARE GUIDELINES
Given its first reading; assigned to the PERSONNEL/ADMINISTRATIVE AFFAIRS COMMITTEE by
President Wilshire

PERIOD FOR GENERAL PUBLIC COMMENT

President Wilshire
Mr. Teeboom?

Mr. Teeboom Thank you. | have two grandsons in college; one is a freshman, one is a senior. This
Thanksgiving | am going to ask them if they can understand the meaning of the word or the term credit
default swaps. Credit default swaps dealt with the economic meltdown in 2008. Behind me you see some
books on that general subject. | can tell you this document by Mascoma Bank dealing with New Market

Board of Aldermen 11-24-2020 Page 39

Tax Credits is any bit as complicated if not more complicated than Credit Default Swaps. So finally | gave
up trying to study this thing. | did study, however, the diagram that was presented in the earlier meeting
before this meeting. So | want to make a couple of brief comments.

First of all in the top where it says Bond purchase to the City of Nashua it mentions $20,240,800.00. |
thought the City had bonded $21 million dollars. Now maybe Director Cummings can address that. But
then when we look at the blocks of the City of Nashua, that money gets divided into two parts. There’s $7
million dollars plus sent to a senior leverage lender and there’s $13.1 million dollars sent to QALICB owner,
whatever the hell those are. But if you add up $7 million and $13 million, it’s $20 million not $21 million.
However, this $13 million suddenly becomes $13.8 million in the diagram. Now if you add $13.8 million to
$7 million, it's $21 million. So there’s definitely an error somehow there’s a leaky bucket, between $13.1
million and $13.8 million in the diagram on the left hand side that Director Cummings does not explain.

The other part | wanted to mention is the Equity Investor invests $2.9 million dollars and that finally trickles
down to a series of fees to $2.44 million which we all recognize to be the New Market Tax Credit that goes
towards the construction. So what’s the difference? The difference there between $2.89 million from the
investor to $2.44 million, trickles down, there’s a bunch of fees. And if you look at this document on Page 4
you find all kinds of fees called up. | won’t go into it, but the it adds up to about half a million dollars. So
these New Market Tax Credits a lot of people got their hands out. Half a million adds to about 16% of the
costs. So this ain’t no freebie folks. That’s a lot of financial handout and manipulation to again make these
New Market Tax Credits. So hopefully my grandsons this Thanksgiving will explain to me and perhaps also
Mr. Cummings what exactly our credit default swaps. Thank you.

President Wilshire

Thank you. Anyone else wishing to give public comment? Please do, you’re on mute.

Stephanie Rosenblum

Can you hear me now?
President Wilshire
You are good now. Yes.

Ms. Rosenblum Ok so sorry, my name is Dr. Stephanie Wolf Rosenbloom, | reside at 47 Berkeley Street in
Nashua and | am a member of the Board of Health. Earlier today, earlier in this meeting, earlier today we
had a meeting of the Board of Health which has been referenced. And earlier in this meeting, the Mayor
made some references and several Aldermen who are dedicated enough to attend the Board of Health
Meeting also attended. During that meeting, we discussed many different facets of COVID in general, and
of a potential for a curfew in particular.

We did not come to consensus during that meeting but there was robust discussion. It was an excellent
process whereby we were able to hear from business leaders and concerned citizens. We heard statistics
and we heard stories, some of them heartbreaking. There are three indisputable facts that deserve
attention. One is we are in crisis. We are in crisis because the current rate of increase, the current rate of
infection in New Hampshire, in our community in New England and in the United States is much higher
than it was during the initial aspects of COVID. There is better understanding, there are some treatments,
there is hope for a vaccine, but none of that will save us or flatten the curve in the immediate, especially
during this Holiday Season.

Another indisputable fact is that we were to the credit of the Mayor and this Board of Aldermen ahead of the
curve when Nashua took the bold step of requiring masks for adults and recommending them for children.
But it is also now indisputable that we, not just Nashua, but we are behind the curve. | think it is imperative
that something be done. | don’t know that that’s a curfew and | am prepared to discuss with anyone or in