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Board of Aldermen 10-13-2020 Page 64
Alderwoman LU

May | follow up?

President Wilshire

Let me hear from Alderman Caron, we haven’t heard from her yet.

Alderman Caron

Well | don’t like things coming back to committee, but could | ask that we move the question because we
are getting late and we are getting into areas that we should be discussing during committee Meetings.

MOTION BY ALDERMAN CARON TO MOVE THE QUESTION

ON THE QUESTION

Alderman Lopez

Could | just ask for clarification because we didn’t’ specify what Committee this is even going back to?
Alderman Caron

It goes back to Personnel.

President Wilshire

It came from Personnel so we would send it back there.

Alderman Lopez

Ok well Alderman O’Brien seems like he was excited, so | don’t know if we can send it to both. There’s two
different elements on this in my opinion, there’s the revenue which is really Personnel. Then there’s the
overall parking scheme.

President Wilshire

Rather than having two meetings, why don’t we have a joint meeting so that the City Staff isn’t showing up
at two different meetings on two different nights?

Alderman Lopez

So it would be like an Aldermen meeting only not at 11:00 at night.
President Wilshire

Yeah that is possible. Are you OK with that Alderman Lopez?
Alderman Lopez

| think that’s a good idea.

President Wilshire

Ok. Alderman O’Brien.

Board of Aldermen 10-13-2020 Page 65
Alderman O’Brien

| was just going to say as the Chairman of Infrastructure, looking forward to working with Alderman Tencza,
Chairman of PEDC on this issue.

President Wilshire

No, Personnel & Administrative Affairs.

Alderman O’Brien

Personnel, sorry got confused. Alright thank you.

President Wilshire

Alderman Lu, did you have a follow up?

Alderman Clemons

| thought we were moving the question.

President Wilshire

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 Cleaver, Alderwoman Harriott-Gathright, Alderman Wilshire 14

Nay: Alderman Laws 1

MOTION CARRIED

President Wilshire

The motion before us is to re-refer. Would the Clerk please call the roll?

MOTION BY ALDERMAN O’BRIEN TO RE-REFER O-20-032 TO PERSONNEL/ADMINISTRATIVE
AFFAIRS COMMITTEE AND COMMITTEE ON INFRASTRUCTURE, BY ROLL CALL

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
Alderwoman Harriott-Gathright, Alderman Wilshire 13

Nay: Alderwoman Kelly, Alderman Cleaver 2

Ordinance 20-032 is re-referred to Personnel and Infrastructure for a Joint Meeting.

NEW BUSINESS — RESOLUTIONS

Board of Aldermen 10-13-2020 Page 66

R-20-078
Endorser: Alderman-at-Large Lori Wilshire
Dowd, Tencza, O’Brien, Lopez, Cleaver, Gathright
AUTHORIZING PENNICHUCK CORPORATION TO RENEW AND EXTEND ITS LINE OF CREDIT
WITH TD BANK, N.A.
Given its first reading; assigned to the PENNICHUCK SPECIAL WATER COMMITTEE by President
Wilshire

R-20-079
Endorser: Alderman-at-Large Lori Wilshire
Dowd, Tencza, Lopez, HG, Laws, O’Brien, Cleaver
AUTHORIZING PENNICHUCK CORPORATION AND PENNICHUCK WATER WORKS, INC. TO
ISSUE BONDS AND RENEW ITS FIXED ASSET LINE OF CREDIT WITH TD BANK, N.A.
Given its first reading; assigned to the PENNICHUCK SPECIAL WATER COMMITTEE by President
Wilshire

R-20-080
Endorser: Mayor Jim Donchess
Caron, GH, Schmidt, Kelly, Tencza, Lopez, O’Brien, Clemons, Laws, Cleaver, Wilshire
RELATIVE TO THE ACCEPTANCE AND APPROPRIATION OF $44,016 FROM THE CENTER FOR
TECH AND CIVIC LIFE (“CTCL”) INTO CITY CLERK GRANT ACTIVITY “CTCL FY20 ELECTION
ADMINISTRATION”
Given its first reading; assigned to the HUMAN AFFAIRS COMMITTEE by President Wilshire

R-20-081
Endorsers: Alderman-at-Large Lori Wilshire
Alderman Richard A. Dowd
Schmidt, HG, Klee, Cleaver, Clemons, Lopez, Laws,
APPROVING THE COST ITEMS OF A COLLECTIVE BARGAINING AGREEMENT BETWEEN THE
NASHUA BOARD OF POLICE COMMISSIONERS AND NASHUA POLICE COMMUNICATION
EMPLOYEES N.E.P.B.A. LOCAL 125, I.U.P.A., AFL-ClIO FROM JULY 1, 2019 THROUGH JUNE 30,
2023 AND AUTHORIZING A RELATED TRANSFER OF $186,145
Given its first reading; assigned to the BUDGET REVIEW COMMITTEE by President Wilshire

NEW BUSINESS — ORDINANCES - None

PERIOD FOR GENERAL PUBLIC COMMENT

Beth Scaer 111 East Hobart Street. | would like to read a letter that my attorney sent to the Mayor this
morning. It’s about appeal of the citizen flagpole decision unconstitutional viewpoint discrimination. Dear
Mayor Donchess, this office represents Beth Scaer a resident of the City of Nashua who applied to the City
for and received a permission to fly a flag supporting an organization she supports called “Save Women’s
Sports”. On September 1°, 2020 Ms. Scaer e-mailed Jennifer Deshaies in the Risk Management
Department asking to reserve the Nashua City Hall Plaza Citizen Flag Pole for the week of October 11" to
fly a 3 foot by 5 foot flag supporting the organization, “Save Women’s Sports”. Ms. Deshaies responded
that the citizen flag pole is available and is all yours. On Saturday October 10" Ms. Scaer and her husband
raised the “Save Women’s Sports” flag as agreed. She planned to fly the flag all week leading up to a
virtual running to be held October 17" to raise funds to benefit the mission of the “Save Women’s Sports
Organization’.

On Monday October 12", at 9:56 a.m. Ms. Scaer received a call from Ms. Deshaies informing her that you
had decided that her flag was to be taken down and that she would not be permitted to fly it anymore.
When Ms. Scaer pressed Ms. Deshaies for more information about why her flag had been taken down, she
was merely told that she should read the Ordinances and procedures and then she could file an appeal. In
a follow up call a few hours later, Ms. Deshaies advised that the flag was removed because the City had

Board of Aldermen 10-13-2020 Page 67

received many complaints and people thought that it represented Nashua’s official position on women’s
sports. So the City took the flag down because it is neutral on that topic. By all outward appearances,
however, it seems that the City of Nashua bowed to complaints by people who disagreed with the content
of Ms. Scaer’s message. An organization calling itself Mutual Aid & Defense NH has a Facebook Page
containing posts about the flag. Messages posted on that page express opposition to the message on Ms.
Scaer’s flag, propose 22 weeks of counter messaging by the flying of various LBGT flags and include a
post asking Jim Donchess, why are we flying a transphobic flag in Nashua, not cool.

On a different forum, Nashua NH Civic Sounding Board a person identified as (inaudible) wrote that as
word of Ms. Scaer’s flag spread through the community, the response was clear. This is not what Nashua
stands for. Her post then goes on to say many thanks to Jim Donchess for your quick response. Jan
Schmidt and Jen Mortin and Mutual Aid & Defense NH for the calls to action. The post concluded that the
author is looking forward to updated guidelines to ensure that future flag requests are vetted more carefully.
This same individual tweeted, got a message from Jim Donchess late last night, flag is coming down. We
need to have a serious look at the approval process for these things moving forward. It is readily
apparently that your decision to remove Ms. Scaer’s flag was a direct response to criticism of the content of
her expressive activity. This is an illegal and unconstitutional act of censorship under the First and
Fourteenth Amendments of the United States Constitution and Part 1, Article 22 of the NH Constitution.

The City does not need to permit members of the public to display flags on the citizen’s flagpole, but once it
decides to do so it must allow members of the public to do so without being subjected to viewpoint
discrimination. On behalf of Ms. Scaer | ask that you reconsider your previous decision to remove her flag.
Generally speaking, Supreme Court cases recognize three types of Government controlled spaces for First
Amendment purposes; traditional public forums, designated public forums and non-public forums. In a
traditional public forum parks, streets, sidewalks and the like, the Government may impose reasonable time
place and manner restrictions on private speech. But restrictions based on content must satisfy strict
scrutiny. And those based on viewpoint are prohibited. The same standards apply to designated public
forums, spaces that have not traditionally been regarded as a public forum which the Government has
initially opened for that purpose.

To satisfy strict scrutiny, the Government must prove that is laws and actions are narrowly tailored to
achieve a compelling Government interest. The citizen flagpole is clearly a designated public forum. The
City Government's specifically provides public property and invites citizens to provide flags to be flown on
the pole. In order to justify your censorship of Ms. Scaer based on the message on her flag, you must be
able to prove that your action was taken pursuant to an Ordinance that is narrowly tailored to achieve a
compelling Government interest. Given the complete absence of an Ordinance providing any guidance
whatsoever on this subject matter, there is no possible way that your actions can meet the standard. It
simply appears that you or some of your constituents disapproved of the message advocated by Ms. Scaer
and you decided to censor her expression as a result. The plainly unconstitutional actions you took in
removing Ms. Scaer’s flag represents a clear constitutional violation that should not be permitted to stand.
Kindly reconsider your action and return Ms. Scaer’s flag to its rightful place, atop the citizen flagpole.
Thank you. Your turn.

Stephen Scaer 111 East Hobart Street. Very briefly what we were trying to celebrate, what we were trying
to commemorate was Salina Soueka and she’s having a virtual marathon fundraising. And what happened
to her last year was she finished one place short of advancing to the indoor finals at a State Track & Field
Championship in Connecticut. She probably would have gone on to regionals, but two biological males
who identify as females and had recently competed as male runners took first and second place and
bumped her down. Since males are allowed to compete against women, they have taken medals, and
shattered records in volleyball, basketball, mixed martial arts, women’s football, weight lifting, body building
and bicycling. Selena is fighting back saying that her Title 9 rights were violated by this unfairness. This
takes great courage.

As you all know as well as anyone, anyone who objects to males competing against women will at least be
labeled a transphobic hater. Selena also has been blacklisted by colleges and future employers. There’s

Board of Aldermen 10-13-2020 Page 68

little tolerance now for saying that a woman is a biological female even though | would defy anyone to come
up with another definition of a woman that isn’t based on circular reasoning or outdated sexual stereotypes.
So our stance is still having men complete against women, males compete against women is unsafe and
Mayor James Donchess had no right to take down a flag just because he disliked an opinion. So please, if
you are not going to stand up for females and sports, at least speak to Mayor Donchess and stand up for
the First Amendment. So thank you and good evening, | should say good morning.

President Wilshire
Anyone else for public comment?

Bob Keating My remarks will be very brief and they begin with thank you for the hours that you put in, | just
can’t imagine this coming up at five hours that you’ve done this meeting. So to respond to some comments
that were made earlier that simply, the residents that we have met with are, were quite anxious about their
future, the same way as they were in 2012 when GSOP went around with them. We've been involved in
this community and the State since 2002, a lot with low income households and in public housing. So we
have a long history with that. Once again, thank you for your time. Finally, my thoughts go out to Alderman
Harriott-Gathright and | hope your husband pulls through this well and my thoughts go out to your family.
Thank you and thanks for the time.

REMARKS BY THE MEMBERS OF THE BOARD OF ALDERMEN

Alderman Lopez

Well first | do actually want to speak to the Mayor as was suggested in public comment. | want to
recommend that we in using this citizen’s flagpole consider having the Cultural Connections Committee
develop a schedule of when people’s cultures can be recognized and how that would take place because
that is the stated purpose of the citizen’s flag pole. It does also allow for Anniversaries, or
accomplishments. I’m not sure if that really fits what was trying to be achieved here. But | think it would be
a good idea for people who are putting the flag up to be able to explain themselves a little bit more clearly.
Additionally, we are also giving the opportunity for there to be a little bit more activity.

Overlapping Speakers

Alderman Lopez

Ok are we all talking now? Sorry. | would just definitely recommend that he work with the Cultural
Connections Committee and consider implementing that. And then secondly | wanted to thank Jay who is
graffiti artist working with Revive Recovery Center, Nashua Wallpaper, Nashua PAL, Kenny, Rick and other
people in the community. We just worked on created a giant banner for Southern NH Medical Center to
thank healthcare workers and remind them that they are appreciated. This is a very important time for us
right now in Nashua. We have the (audio cuts out) the outbreak that we see (audio cuts out).

President Wilshire

Alderman Lopez?

Alderman Lopez

Replace or to see a nightmare and make adjustments and accommodations because of the COVID-19
epidemic. But! don’t think anybody has had to make more adjustments and more accommodations than
both the people who are contracting it and are in the emergency room and the healthcare workers that are
working with them as well. And | think they have a very difficult season coming up trying to battle COVID-
19 and the Flu. | think as elected officials, it would be a good idea for all of us to reach out to any
healthcare workers we know and just thank them and make sure they know they are appreciated and they

Board of Aldermen 10-13-2020 Page 69

are supported. Because to look at the National Media right now or to look at the news cycle and the
comments on it, you would think that nobody appreciates anything they do. And | think that couldn’t be
further from the truth. Thank you.

President Wilshire
Alderman Clemons.
Alderman Clemons

Real briefly, | would be remiss if | didn’t mention at the end of this meeting tonight how proud | am that we
moved through the final stages at least legislatively to get the Performing Arts Center done. | know that
somewhere up in heaven Brian McCarthy is smiling down on all of us tonight and is very proud of our
accomplishment. | also would be remiss to say that he probably also is mad at the fact that | am speaking
at all right now because it’s 12:26 in the morning and he would probably, if it was him, be mad at me but
nevertheless it is a great accomplishment and | know he’s smiling down regardless. So thank you.

President Wilshire
Anyone else? Alderman Dowd?
Alderman Dowd

Yeah | just briefly wanted to say that the reason | voted against the Indigenous Holiday was the State is
taking up and it appears like they thought it was going to pass in January, the next occurrence is next
October so | didn’t think we needed to act on it right now because if it is a State Holiday it will be a moot
point.

Alderman O’Brien

Thank you, Madam President. | want to echo exactly what Alderman Clemons, | am sure next time | visit
the gravesite | can’t wait to tell Alderman McCarthy the good news. So! am sure he’s very pleased. But
more important than that, | really want to recognize Alderman Klee for participating in the program, who
invited Aldermen over to those tonight, | see by Alderman Lopez’s screen shot that it was Alderman Klee’s
living room and | think her hospitality is genuine and | think it’s very good. Unfortunately, according to the
screen shots they did look like they were kind of close together, | do recommend the City Ordinance of
wearing a mask. So for future people who participate in this program to keep in mind the mask ordinance?
So thank you very much.

Alderman Klee
Well thank you very much Alderman O’Brien, | appreciate the reminder of that, | should be putting on a

mask. And thank you Alderman Lopez for honoring me by using my home as your backdrop, | truly
appreciate that.

Alderman Lopez

It was my pleasure, no problem.

Alderman Klee

It gave me quite the giggle when | saw it there and you have my favorite print up behind me. In all

seriousness it’s been a long night, | want to say goodnight and | want to thank all of my colleagues for their
well thought out comments and so on. And | am happy to see, so far, the Performing Arts Center going

Board of Aldermen 10-13-2020 Page 70

forward. (audio cuts out) And that we have been able to figure out the parking for the High Street/School
Street area. Thank you and I'll stop now.

President Wilshire

Anyone else? Alderman Laws.

Alderman Laws

Thank you, Madam President. | just wanted to apologize to each of you, when | was speaking earlier |
misspoke at one point and said you all pretend to care about X, Y and Z, but | Know that none of you are
crazy enough to pretend to care enough about something to be sitting in a meeting until 12:30 in the

morning on a Wednesday. It was just the first words that came to mind, and | regret saying it and | just
wanted to tell you all that | love you and | appreciate you and | know that none of you are pretending.

Alderman Lopez
Thank you Brandon.
President Wilshire

Alderman Laws you are awesome. Thank you for that. Anyone else? Any more comments or remarks? I’d
like to also wish Alderman Harriott-Gathright and her family well. | hope that her husband is better soon.
We did have a really good night, a really productive night, even though not everything passed, | think there
are things that we have a lot of work to do on. And | look forward to that, especially the overnight parking,
I’ve never really been a big fan of an all-night parking on the street but there are areas that need it and I’ve
been supportive of those | don’t think an overall City — allowing parking is the right way to go but | am
interested in helping the neighborhoods where we need to. So | think that'll do well back in Committee.
Anyone else? Ok, Alderman O’Brien, oh I’m sorry Committee Announcements.

Committee announcements:
Alderman Dowd
Next Thursday 7:00 Joint Special.

Alderwoman Kelly

The Human Affairs Committee meets tomorrow, today — tonight at 7:00 p.m. It was moved from Monday, |
just wanted to make sure everybody was clear on that. Thank you.

ADJOURNMENT

MOTION BY ALDERMAN O’BRIEN THAT THE OCTOBER 13, 2020, MEETING OF THE BOARD OF
ALDERMEN BE ADJOURNED, BY ROLL CALL

A viva voce roll call was taken to adjourn the Board of Aldermen meeting which resulted as follows:

disposal of all Hazardous Materials located on any property of the Company; (B) any claims, suits, or
liabilities against the Company; and (C) the failure to pay any taxes as and when due. The foregoing
indemnities shall not apply with respect to an Indemnitee to the extent arising as a result of the gross
negligence or willful misconduct of such Indemnitee. The indemnification provided for hereunder shall
survive the termination of this Agreement.

SECTION 10.09. [Intentionally Omitted]

SECTION 10.10. Patriot Act Notice. CoBank hereby notifies the Company that pursuant to
the requirements of the USA Patriot Act, Title III of Pub. L. 107-56 (signed into law October 26, 2001)
(the “Patriot Act”), it and its affiliates are required to obtain, verify and record information that identifics
the Company, which information includes the name, address, tax identification number and other
information regarding the Company that will allow CoBank to identify the Company in accordance with
the Patriot Act. This notice is given in accordance with the requirements of the Patriot Act and is
effective for CoBank and its affiliates.

SECTION 10.11. Counterparts; Electronic Delivery. Counterparts. This Agreement
may be executed in any number of counterparts and by different parties to this Agreement in separate
counterparts, each of which when so executed shall be deemed to be an original and all of which taken
together shall constitute one and the same Agreement. In addition, if agreeable to CoBank, signature
pages may be delivered by facsimile.

SECTION 10.12. Successors and Assigns. This Agreement and the other Loan
Documents shall be binding upon and inure to the benefit of the Company and CoBank and their
respective successors and assigns, except that the Company may not assign or transfer its rights or
obligations under this Agreement or the other Loan Documents without the prior written consent of
CoBank. CoBank may sell or assign its rights and obligations hereunder and under the other Loan
Documents or may sell participations in its rights and obligations hereunder and under the Loan
Documents to any Person, and, in connection therewith, disclose financial and other information on the
Company and its Affiliates. Patronage distributions in the event of a sale shall be governed by CoBank’s
bylaws and capital plan (as each may be amended from time to time). A sale of a participation interest
may include certain voting rights of the participants regarding the loans hereunder (including without
limitation the administration, servicing and enforcement thereof). CoBank agrees to give written
notification to the Company of any sale hereunder.

SECTION 10.13. Headings. Captions and headings used in this Agreement are for reference
and convenience of the parties only, and shall not constitute a part of this Agreement.

EN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly
authorized officers as of the date shown above.

By “ a . i : .
antes i Gong ce ania re C |
Title: — “EES ET LU rile as - a :

Trene Matin

16

Board of Aldermen 10-13-2020 Page 71

Yea: Alderman O’Brien, Alderman Klee, Alderwoman Kelly, Alderman Dowd,
Alderman Caron, Alderman Tencza, Alderwoman Lu, Alderman Jette,
Alderman Schmidt, Alderman Laws, Alderman Cleaver,

Alderwoman Harriott-Gathright, Alderman Wilshire 13

Nay: Alderman Clemons Alderman Clemons 2

MOTION CARRIED

The meeting was declared adjourned at 12:32 a.m.

Attest: Susan K. Lovering, City Clerk

AGENDA MEETING OF THE BOARD OF ALDERMEN OCTOBER 13, 2020

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

Join Zoom Meeting: https://usO2web.zoom.us/j/87071071871?pwd=M1NNMDh1Uko5dxXFkdGw3VDBRT1Jj…
Meeting ID: 870 7107 1871 Passcode: 761034

Join by telephone: 1-929-205-6099
Meeting ID: 870 7107 1871 Passcode: 761034

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

1. PRESIDENT LORI WILSHIRE CALLS ASSEMBLY TO ORDER
2. PRAYER OFFERED BY CITY CLERK SUSAN K. LOVERING
3. PLEDGE TO THE FLAG LED BY ALDERWOMAN-AT-LARGE SHOSHANNA KELLY
4. ROLL CALL
5. REMARKS BY THE MAYOR
6. RESPONSE TO REMARKS OF THE MAYOR
7. RECOGNITIONS
Nashua Area Kayak Explorations Destinations Group

8. READING OF MINUTES OF PREVIOUS MEETINGS

Board of AIDGrMen....... 0... e eect ee nee nent e eee e ee bea ete ee tate ee eee eenae 09/22/2020
Special Board of Aldermen — Public Hearing R-20-071 & O-20-030.................. 09/28/2020
Special Board of Aldermen — Public Hearing R-20-076............... ccc cece cece ees 10/06/2020

9. COMMUNICATIONS REQUIRING ONLY PROCEDURAL ACTIONS AND WRITTEN REPORTS
FROM LIAISONS

From: Donna Graham, Legislative Affairs Manager
Re: Communications Received from the Public

From: Sarah Marchant, Community Development Director
Re: Bronstein Housing Relocation Update

From: Julie Chizmas, Transportation and Long-Range Planner, Community Development Division
Re: Referral from Board of Aldermen: Ordinance O-20-031 — Prohibiting Dogs in Fenced-In Tot Lots

From: Jill Stansfield, Parking Manager
Re: Concerns Relative to O-20-032: Reducing the Fine for Overnight Parking Violations

From: Doria Brown, Energy Manager
Re: Nashua School Energy Performance Contract with EE

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