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Board of Aldermen 6-23-2020 Page 12
ON THE QUESTION

President Wilshire

Is that your Motion?

Alderman Schmidt

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

Yea: Alderman Klee, Alderwoman Kelly, Alderman Caron,
Alderman Lopez, Alderwoman Lu, Alderman Jette,
Alderman Schmidt 7

Nay: Alderman O’Brien, Alderman Dowd, Alderman Clemons
Alderman Tencza, Alderman Cleaver, Alderwoman Harriott-Gathright
Alderman Wilshire 7

MOTION FAILED

President Wilshire

And that Motion failed. Do | have another Motion?
Alderman Schmidt

| guess we could go back to the original Motion.

MOTION BY ALDERMAN SCHMIDT TO ACCEPT, PLACE ON FILE, AND APPROVE THE
PROFESSIONAL SERVICES CONTRACT RELATED TO THE NASHUA DOWNTOWN RIVERFRONT
PROJECT IN THE AMOUNT OF $24,000 TO THE GREAT AMERICAN DOWNTOWN AND TO
AUTHORIZE THE ECONOMIC DEVELOPMENT DIRECTOR TO SIGN ALL RELATED DOCUMENTS,
BY ROLL CALL

ON THE QUESTION

President Wilshire

Any discussion? Alderman Dowd.
Alderman Dowd

Yes, GAD is right at the moment is having financial difficulties because a good part of their funding is
related to the casinos and casinos donating to the charities, which have not been able to do that for some
time. Also, GAD is responsible for a number of things that keep Nashua vibrant such as the Meals
downtown, the Stroll and numbers of other things. If there’s nothing to keep them going, they may
disappear and | think that would be a tragedy for the City, because the one thing we are really going to
need when we come out of this pandemic is things to get people’s spirits back up and get the vibrancy of
the downtown again. And it is important that we, you know, it’s not that it necessarily would be a dance. If
that doesn’t happen we will find other things that GAD can help us with and take some of the burden off of,
because | see Mr. Cummings just joined us, off of his group. That’s why we are looking to have GAD get
involved in that. They have a number of other things to do. But we want to keep GAD vibrant and busy and
helping the City of Nashua. And this is one way we can do it. | would strongly suggest that we approve
this.

Board of Aldermen 6-23-2020 Page 13

Alderman Klee

Thank you, Madam President. | agree with everything that Alderman Dowd just said. | have a follow up
question to that, if we approve this and it is being approved for the thing such as the dance and so on. If
they decide to use the funds to do something else in that same area with the Riverfront, do they need to
come back to us? If they decided that wasn’t what they wanted to do, because that’s kind of what
Alderman Dowd indicated that maybe they would do something else if they couldn’t come through with the
dance. | just want to get that clear?

Tim Cummings, Director of Economic Development

Madam President? Thank you for allowing me to join this evening. For the record, Tim Cummings,
Director of Economic Development. | apologize for my casual attire, | wasn’t planning on joining, | was
watching the meeting remotely. | thought it may help to chime in and clarify some questions that were just
raised. So first and foremost, this contract that is being put before you was brought about in a lot of ways
to help me and my office. For those of you who may or may not know, | have been working a lot and |
haven’t been able to spend some time on some other projects. So having an extra set of hands through a
contracted service type basis to actually implement the Downtown Riverfront Project, is what this is trying to
achieve and trying to do it on a limited scope. So there are some things that I’ve asked Paul Shea,
because of his unique knowledge of the downtown, his unique knowledge of the Riverfront and GAD’s
mission, it made sense to bring him in temporarily through GAD to help so we stay on course with this
major project that | think is a priority for the City.

So a couple of things that we have discussed in the Downtown Implementation of the Master Plan, which |
believe we are working towards having a presentation to this body or a sub committee of this body on July
8'". And then in addition to that execute on some plans to operationalize the Downtown Riverfront. What
does that mean? Some of you may have seen, we did yoga along the Riverfront recently. That was
through GAD’s efforts. | mean, and already they are trying to do things like yoga, like kayak promotion, like
Dancing in the Streets. So we are trying to look at the Riverfront in a different way, we are trying to use it
as a natural asset that is competitive advantage for us, that makes our downtown unique. But we need to
start looking at the downtown in that way and we want to have GAD promoting those types of activities. So
it was along those lines that we were looking to bring GAD on board temporarily to help move this overall
project forward. Thank you.

President Wilshire
Thank you, Director Cummings.

Steve Bolton Corporation Counsel

Madam President, Steve Bolton. | think | can answer Alderman Klee’s specific question about whether if the
Dancing in the Streets Program doesn’t happen, are other programs contemplated by the contract. And the
fact is that the Dancing in the Streets program is actually one small part of the scope of the work of the
contract. It contemplates the yoga program as well, it contemplates general other activities in that Riverfront
TIF District, Marketing support, Communication with the Stakeholders. So this is not $24,000.00 to have a
single Dancing in the Street program. That maybe one or more Dancing in the Streets, but it is also going
to be apparently several other things.

Alderman Klee

Madam President, may | follow up. Thank you Attorney Bolton and thank you Director Cummings, |
appreciate both of those explanations. It does answer a lot of the questions | have. | am definitely all for
this. | have seen the yoga, | have heard back positive things from the yoga. | think using our Riverfront is
brilliant, | think putting somebody like Paul Shea there to do this kind of work is also another thing that

Board of Aldermen 6-23-2020 Page 14

would be brilliant. He is a hard worker and someone who has a lot of energy to take care of all these
things. Hearing all of these things, | am definitely for this and | am glad it’s coming from the TIF and not the
taxpayers even.

Alderwoman Lu

Thank you, Madam Chairwoman, Madam President rather. Thank you for the information, | still feel the
same way that | did and perhaps, would it be helpful, well | think over the period of the pandemic | think that
there has not been the contact with the City Departments, maybe just the updates with the General Board
of Aldermen that | had expected. Maybe | need a better understanding of how the Great American
Downtown Organization intersects as a (audio cuts out) our City employees but | think part of my objection
to this is just being presented with we want to spend $24,000.00 on this and now it turns out, well it’s not
really that. | guess | would feel a lot better if the communications and the contracts were written with the
expectation that they are going to be read and that we don’t have to wonder why a dance in the middle of
COVID-19 would be a good idea to spend $24,000.00. | know that the Riverfront Project is great, | thought
that the yoga at the Greeley House was simply an effort of a private enterprise (audio cuts out) into the
open where they could have people come and join a class without the restrictions of 50%. Just a thought
that we are off-sourcing the business of the Community Development or rather the Economic Development
without a clear understanding. | would just feel better if it was described more precisely or more exactly as,
no this isn’t $24,000.00 for a dance. We need to keep this guy going, or this organization going and | don’t
know, it sounds like they need a steady stream of income from the City to do their mission. And that is
what | am hearing and | just would like more, for it to be a little bit more upfront. Thank you.

President Wilshire

| don’t think anybody was not trying to be upfront. | think what’s in the contract is in the contract. Great
American Downtown has done a lot here in the City. They are having financial troubles because of COVID,
because they haven’t had any income because their fundraisers have been down. But | think they were on
the up and up with all of this. | don’t think there was anyone trying to pull anything over on us.
Alderwoman Lu

| don’t — may | follow up on that. No | don’t mean that Director Cummings or Great American Downtown,
we just need better communication about, you know, to start off saying this is for the Riverfront Project for a
dance and then to say, well no it is for whatever we might decide. That’s what! am saying is not, ok, let’s
not say (audio cuts out).

President Wilshire

Alderman Lu, we can’t hear you. Are you all set?

Alderwoman Lu

Yup.

President Wilshire

Anyone else on the motion to accept, place on file and approve the contract? Alderman Clemons.

Alderman Clemons

Thank you. So just a quick question, did this go before Finance Committee? Or is this the first time we are
hearing it?

Board of Aldermen 6-23-2020 Page 15

Director Cummings

If | may, Madam President? So it’s technically that $24,000.00 it would not actually be required to go
before Finance Committee. Putting that whole issue aside, the way that the TIF Legislation that was written
and adopted by the Board of Alderman a while back, says that any contract has to be approved by the
Board of Aldermen. So any contract that is TIF related, needs full Board of Aldermen approval and is not a
Finance Committee process.

Alderman Clemons

OK, so just to sort of back up what Alderman Lu said, if there’s anything like this coming in the future, if you
could just provide an explanation for us, | think that would be helpful. But! do think that the contract itself, if
you took the time to read it, was pretty upfront. | kind of understood where it was going but | wasn’t sure if
it was something that had gone before Finance before. So thank you very much.

President Wilshire

Anyone else? Alderman Lopez.

Alderman Lopez

Yeah just a reminder, my fellow Aldermen that when all have our video on it slows down the bandwidth, so
those of us with less bandwidth can’t be heard. But | wanted to say some of what Alderman Clemons had
said is for the public, we did get this in advance and we did have the opportunity read it. Obviously living in
Ward 41 am more familiar with GAD so | kind of understood both the contract and the Dancing in the Street
happened for several years. So there is nothing | think that was insinuated to be “under the table” and |
definitely don’t think there actually was anything. If anything, Alderman Jette did his job a little more
thoroughly than usually and was the one who brought up the whole Dancing in the Street thing. And | think
it was a completely logical concern that was raised by Alderman Klee and Alderman Schmidt, | mean we
can’t just have something called, “Dancing in the Streets” go by and not comment on the social distancing
aspect and all of that.

| would just say that unless we want to start micromanaging events and | have put in my time doing that, so
| would not recommend it. GAD does it well, they are doing it in concert with Economic Development, who
is also doing things well. | have not always agreed with their decisions in the past but we can’t really argue
with how effectively the concrete blocks are going or how businesses that would otherwise be struggling,
are doing business in a very, very different way. So this is a time when we have to be a little flexible and
we have to let the people who are going to spend all week working on passion project, do that kind of stuff.
| also appreciate the attention to process that we have seen, and it is important that we communicate to the
public effectively.

But | think GAD has a pretty solid track record. As a non-profit they exist almost exclusively to do things for
us. So! think we can trust them to kind of take this project and do it really well. And | don’t just mean the
Dancing in the Streets because | am probably not going to go to that. But! think they will find a way to use
this effectively and in a way that promotes downtown and vibrancy in whatever shape it takes, | think we
will all be happy with it.

President Wilshire
Anyone else? | see five hands raised but no one wants to talk. So if you don’t want to speak, can you un-

raise your hand, put your hand down. Ok the motion is to accept, place on file and approve the contract.
Further discussion? Seeing none, would the clerk please call the roll?

Board of Aldermen 6-23-2020 Page 16
A viva voce roll call was taken which resulted as follows:
Yea: Alderman O’Brien, Alderman Klee, Alderwoman Kelly, Alderman Dowd,
Alderman Clemons, Alderman Lopez, Alderman Tencza,
Alderman Jette, Alderman Schmidt, Alderman Cleaver,
Alderwoman Harriott-Gathright, Alderman Wilshire 12
Nay: 0
MOTION CARRIED

From: Jim Donchess, Mayor
Re: | Temporary Policy on Emergency Leave due to Coronavirus (COVID-19) — July 6, 2020

MOTION BY ALDERMAN CARON TO ACCEPT, PLACE ON FILE, AND ADOPT THE TEMPORARY
POLICY ON EMERGENCY LEAVE DUE TO CORONAVIRUS (COVID-19) EFFECTIVE JULY 6, 2020, BY
ROLL CALL

ON THE QUESTION

Alderman Caron

And | have a question, please?

President Wilshire

Alderman Caron.

Alderman Caron

Thank you. Thank you. | think this is great that we are following the Federal Law. But | do have a question
for the Mayor. A couple of weeks ago at our last meeting, we talked about the vacation time for non-
affiliate employees of the City because obviously no one has taken vacation time and we certainly would
not like them to lose any of that. | was wondering where we stand with that, at this point in time, Mayor.
Thank you.

President Wilshire

Mayor?

Mayor Donchess

Yes, thank you for bringing this up Alderwoman Caron. So, the unaffiliated employees, the policy we did on
the Public Health employees allowed them to carry forward personal days which they moved. But they can
carry forward vacation days under the Ordinance. But beyond that, Director Kim Kleiner, Administrative
Services Director, has been checking this out and can report further.

President Wilshire

Director Kleiner.

Board of Aldermen 6-23-2020 Page 17
Kim Kleiner, Director of Administrative Services

Good evening, Madam President, Members of the Board. So we are researching, the Legislation that
brought before you prior, the Mayor is correct. That was addressing personal days that would be lost at the
end of the year as of June 30". That’s what the policy was addressing, we hadn’t addressed vacation days
as of yet, it is something that we are working on. We are speaking with Division Directors and we are
gathering more information.

The reason that we brought forth the personal days is as you know unaffiliated employees have their 5
days and they'll lose it at the end of, as of June 30". But there are other unions like UAW who have earned
time. So it’s different for different employee groups. We felt that the Public Health Employees that had
personal days and we did reach out to all Division Directors and we discussed this. We felt pretty strongly
that the Public Health Employees that were all unaffiliated deserved to have those days carried forward
because they absolutely hadn’t had a chance to take those personal days. Where when we looked at the
balances of other employees, they had either taken the days earlier in the year or they had very little time
left and, again, as of July 1*', they receive another 5 days for the unaffiliated. So that was just addressing
those personal days and we will certainly update the Board more in regards to vacation.

Alderman Caron

So my question would be to either Director Kleiner or the Mayor, if | remember correctly, your vacation
days, you lose them on your anniversary not the fiscal year. Am | correct?

Director Kleiner

So you can only carry forward two times your annual allotment. So it is different for many different people,
but you’re right, it’s certainly not on the fiscal year. It’s on your anniversary date.

Alderman Caron

Ok so you have time to look at this to make sure no one is losing anything as they are moving forward in
the next few months. | just think it is important that we look at all our employees. | think everyone has really
done a fabulous job with this horrendous thing that has taken place, so that’s why | am asking. | just want to
make sure that we are doing our due diligence for all of our employees and | appreciate that.

Director Kleiner

Absolutely and we want to be very careful to make sure that we are reaching out and getting all of the
Division Director’s input on their employees.

Alderman Caron

Thank you.

President Wilshire

Anyone else? Ok seeing none, would the Clerk please call the roll?
Alderwoman Lu

| have to sign back in, could you please tell me what we are voting on?

Board of Aldermen 6-23-2020 Page 18
President Wilshire

We are voting on — the motion was to accept, place on file and adopt the temporary policy on emergency
leave due to COVID-19 effective July 6".

Alderwoman Lu

Thank you.

President Wilshire

You’re welcome.

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: 0

MOTION CARRIED

PETITIONS - None

NOMINATIONS, APPOINTMENTS AND ELECTIONS - None

REPORTS OF COMMITTEE

Human Affairs Committee... 20.0.0 .0. eee cce cee ceeeee cer ese ver erevartererererererersers, 06/08/2020

There being no objection, President Wilshire declared the report of the June 8, 2020 Human Affairs
Committee accepted and placed on file.

Budget Review Committee... 00.2.0... cee cette tte tee ste ttsttettteeseseeeeess 06/10/2020

There being no objection, President Wilshire declared the report of the June 10, 2020 meeting of the
Budget Review Committee accepted and placed on file.

Pennichuck Special Water Committee.........0..... 000 cee cee cette cette eee eeeeess 06/15/2020

There being no objection, President Wilshire declared the report of the June 15, 2020 Special Pennichuck
Water Committee accepted and placed on file.

Planning & Economic Development Commiittee............... 0... cece eee eee eeeeee 06/16/2020

There being no objection, President Wilshire declared the report of the June 16, 2020 Planning & Economic
Development Committee accepted and placed on file.

Finance Committee... 0... cece eee cee eee ceeseseseseeatettetttrettatettrtereresse, 06/17/2020

There being no objection, President Wilshire declared the report of the June 17, 2020 Finance Committee
accepted and placed on file.

Board of Aldermen 6-23-2020 Page 19

CONFIRMATION OF MAYOR'S APPOINTMENTS - None
UNFINISHED BUSINESS — RESOLUTIONS

R-20-023, Amended
Endorsers: Mayor Jim Donchess
RELATIVE TO THE ADOPTION OF THE FISCAL YEAR 2021 PROPOSED BUDGET FOR
THE CITY OF NASHUA GENERAL, ENTERPRISE, AND SPECIAL REVENUE FUNDS
Given its second reading;

MOTION BY ALDERMAN DOWD TO AMEND R-20-023 BY REPLACING IT WITH THE GOLDEN ROD
COPY OF AMENDMENTS MADE AT THE BUDGET REVIEW COMMITTEE, BY ROLL CALL

ON THE QUESTION
Alderman Dowd

Ok the changes to Mayor’s Budget the Mayor gave us an appropriation of $284,584,488.00. We reduced
that by $1,700,00.00 via the following actions. We reduced the Library Plaza Renovations by $1 million
dollars; we replaced the Mayoral bottom line reduction in the Police Department by $207,062.00 and we
reduced a portion of the CERT transfer by that same amount of $207,062.00 having a zero impact
financially on the Budget. Then we reduced a portion of the Contingency for Educational Priorities by $1
million dollars and we reduced a portion of the CERF transfer by $245,000.00.

We then increased a portion of the Contingency Education Priorities by $300,000.00, adding the
$300,000.00 back to the $1 million dollars in the motion a couple of motions ago. And then we reduced the
Mayoral bottom line budget for Citywide Communications by $20,394.00 and we reduced a portion of the
CERF transfer for the $20,394.00 leaving a General Fund Appropriation for this Budget from the Board of
Aldermen of $282,884 408.00.
President Wilshire
Ok the Motion is to amend Resolution 20-023. Further discussion on the Motion to Amend.
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: 0

MOTION CARRIED

Board of Aldermen 6-23-2020 Page 20
MOTION BY ALDERMAN DOWD FOR FINAL PASSAGE OF R-20-023 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, Alderwoman Harriott-Gathright, Alderman Wilshire 14

Nay: 0
MOTION CARRIED

Resolution R-20-023 declared duly adopted as amended.

Alderman Dowd

Before we address the final vote, | would like to make one more amendment to the R-20-023. You all
received a Memo from Director Kleiner on June 9" relative to the monies set aside for Workplace Benefit
Solutions for healthcare. In that Memo it said that we could reduce the $3 million dollars that we were
going to allocate out of the 2021 Budget by $348,334.00 therefore still maintaining a balance in our
healthcare account that would carry us through the next year. In further discussions with Director Kleiner
and the Mayor and others including President Wilshire, it was determined that we could adjust that number
to $500,000.00 and | would like to make a motion to amend the Budget to take the half a million dollars and
place it in General Contingency for the Budget so that it could be allocated later if and where needed.

MOTION BY ALDERMAN DOWD TO FURTHER AMEND R-20-023 BY REDUCING $500,000.00 FROM
THE HEALTHCARE LINE AND MOVING THE $500,000.00 TO GENERAL CONTINGENCY

ON THE QUESTION

President Wilshire

Discussion on that motion to amend? Alderman Jette?

Alderman Jette

Yes so a point of clarification, are we reducing the Budget by $500,000.00 or are we just moving the
$500,000.00 around so it really doesn’t lower the Budget it just takes it out of the healthcare contingency
and puts it into some other contingency fund?

President Wilshire

That’s correct.

Alderman Dowd

That’s correct. It is moving it out the healthcare and into a General Contingency so that it could be used for
something else. And the reason that it is not taken toward the tax are is if we take any more towards the
tax rate based on the motions we have taken before, that if you really need a detailed explanation, you’d
have to get it from John Griffin. But it would exacerbate the issue that we might have in FY22. So we are

not really changing the end number on the Budget, all we are doing it we are taking it out of that Healthline
and moving it into General Contingency where it could be used for other things during the year.

11.Fly America Requirements.
For contracts involving transportation of persons or property, by air between the U.S. and/or places outside the

U.S. These requirements do not apply to micro-purchases ($3,500 or less, except for construction contracts
over $2,000).

Contractor shall comply with 49 USC 40118 (the “Fly America’ Act) in accordance with General Services
Administration regulations 41 CFR 301-10, stating that recipients and subrecipients of Federal funds and their
contractors are required to use US Flag air carriers for US Government-financed international air travel and
transportation of their personal effects or property, to the extent such service is available, unless travel by
foreign air carrier is a matter of necessity, as defined by the Fly America Act. Contractor shall submit, if a
foreign air carrier was used, an appropriate certification or memorandum adequately explaining why service by
a US flag air carrier was not available or why it was necessary to use a foreign air carrier and shall, in any
event, provide a certificate of compliance with the Fly America requirements. Contractor shall include the
requirements of this section in all subcontracts that may involve international air transportation.

12. Seismic Safety

The contractor agrees that any new building or addition to an existing building will be designed and constructed
in accordance with the standards for Seismic Safety required in Department of Transportation Seismic Safety
Regulations 49 CFR Part 41 and will certify to compliance to the extent required by the regulation. The
contractor also agrees to ensure that all work performed under this contract including work performed by a
subcontractor is in compliance with the standards required by the Seismic Safety Regulations and the
certification of compliance issued on the project.

13.Cargo Preference Requirements

The Maritime Administration (MARAD) regulations at 46 C.F.R. § 381.7 contain suggested contract clauses.
Recipients can draw on the following language for inclusion in their federally funded procurements.

Cargo Preference - Use of United States-Flag Vessels - The contractor agrees:

a. to use privately owned United States-Flag commercial vessels to ship at least 50 percent of the gross
tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping
any equipment, material, or commodities pursuant to the underlying contract to the extent such vessels are
available at fair and reasonable rates for United States-Flag commercial vessels;

b. to furnish within 20 working days following the date of loading for shipments originating within the United
States or within 30 working days following the date of loading for shipments originating outside the United
States, a legible copy of a rated, "on-board" commercial ocean bill-of-lading in English for each shipment of
cargo described in the preceding paragraph to the Division of National Cargo, Office of Market Development,
Maritime Administration, Washington, DC 20590 and to the FTA recipient (through the contractor in the case of
a subcontractor's bill-of-lading.); and

c. to include these requirements in all subcontracts issued pursuant to this contract when the subcontract may
involve the transport of equipment, material, or commodities by ocean vessel.

14. Bonding
Please see Bonding Language in Article 8 of the Agreement