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Board of Aldermen 8-11-2020 Page 12

So | would hope that the Aldermen, when you have a question on things, that you ask the question ahead
of time because | think that it prevents things from ....

Director Cummings

| talked to Jette yesterday on the phone at length about multiple things, he never even brought this up.

Mayor Donchess

Madam President?
President Wilshire

| am going to call on the Mayor and then Alderman Kelly.

Mayor Donchess

| want to clarify what | said before because the Finance Committee approved this, | think —| think a year
ago and the project has been in the works for a long time. So | am trying to rely on memory about this. But |
misspoke when | said this will realize an $800,000.00 savings. It is $800,000.00 less than the bonded
amount, but we may have other contracts which add on to this one. So | want to correct that. This isn’t
necessarily an $800,000.00 savings, but the contract was approved by the Finance Committee | believe
sometime last Summer. And then in the course of the intervening year, we arrived at this guaranteed
maximum price, which is $800,000.00 less than the bond authorization but there might or will be additional
work required. | think that in the future, in a situation like this, if you want to get an explanation, I’d be glad
to provide it for you. | mean it’s not like we were trying to hide it, the project is so longstanding, it has been
going on for years. We were before the Committee a year ago and it just seemed, this has been through
Legal, and it just seemed like it was or there wouldn’t be any issues.

Now given what Alderman Jette has raised, if this happens again, we would be glad to come back, you
know, no problem. In fact, we’ve got three other contracts on here, the one about the Realty Services has
gone to the Committee and been discussed. The others have not except in concept with the Board and the
subsequent two regarding the Riverfront. Those have been discussed in concept with the Board you know
as a whole and also with Infrastructure. But given this discussion, we’d be glad to bring those to the
Finance Committee and discuss them in detail. So | am asking you to defer those contracts so we don’t
have this same discussion. But | think in the future, we would be glad to come back. In this instance,
unfortunately there is some time pressure because Public Health can only be out of that building for a year.
Certainly we would be glad to come to the Finance Committee and justify the $2.8 million, no problem. But
to hold it up for a month, would be a problem or could be a problem because then we don’t finish and then
you know then we don’t have a place for them at the end of the lease. Anyway, | apologize for the
confusion.

Alderwoman Kelly

Thank you, | don’t know if I’m too dark, | thought my arm was getting tired there, the lighting in here. Thank
you. So | had a couple of comments just for the conversation here. | think that the reason that this is
coming up is there have been other instances in which we have suspended the rules and it hasn’t gone to
Committee. And so | don’t want to speak for the other Aldermen here but | do feel that has happened a few
times and it feels like we are not doing our due diligence having those conversations. In this case, as we
have been assured the actual scope has not changed, | think we should move this forward. But | think we
continue to bring these things out, because there were a couple of things said, Oh just because it costs less
we should go forward with it. But we don’t know why it is costing less, we don’t have any understanding
fully about what is going on with this and sometimes costing less means we are cutting corners and that
may not be the best way to handle a project.

Board of Aldermen 8-11-2020 Page 13

So | mean | have full faith in the Departments that work on this and the contractors that we hire, but our job
is to make sure that these projects are being looked at with a fine tooth comb and that we can go back to
our constituents and explain what is going on with things. So | think anyplace that we can have
transparency, we need to have it.

The other thing | wanted to bring up is just a way of working in the Chamber that | think would help address
this. A lot of times there have been other Aldermen in the past who would either be the Chair of the
Committee that this went through or the person who was the sole sponsor would make the motion and then
they would speak to it and so they could quickly kind of give us a quick synopsis of what it was and maybe
nip some of these conversations in the bud because we already have that information; not just for us but
also for the constituents who are watching. So | think that could be a potential way of us just working
through it in the Chamber as we continue to work through all this stuff. So thank you.

Alderman Harriott-Gathright

OK first of all | kind of feel offended that someone would make the statement on this Board that a rubber
stamp — that really disturbs me — number one. We did look at this and | Know the Mayor said it was
probably last spring, but | was thinking in my mind, | said no it’s several months ago | know we did vote on
this in the Finance Committee, etc. etc. Ok? Once we were assured that nothing had changed, | feel as
though we should have had a different look at what Alderman Jette was speaking of ok? On the same
token | do feel as though he had one point that maybe we could have had one sheet that just said there’s
no changes in the scope of work, however, the price is better. We know we are going through a pandemic,
we know that people need to work. We know that companies are still trying to stay afloat of everything. So
with that said, | would expect that it would come back cheaper. Because | come from a market where | am
used to changes in the market really affects what people want to charge you for the work they are going to
do. So | didn’t think it was unusual on a personal note to see that the price was different given that we are
in a pandemic. | am definitely going to vote for this; we need to move on. The Health Department has
been waiting for years to get what they need to really be the best that they can be, which they are great
anyway. So! am going to vote for this and | think this is a great opportunity for all of us as Aldermen to
stand behind our Health Department for a change and vote in favor of this. Thank you.

President Wilshire

Thank you. Anyone else? Alderman Lopez?

Alderman Lopez

Yeah just for some not-so-recent history, literally | think the first motion | endorsed as an Alderman was for
the Health Department and | made the mistake of not fully researching exactly what | was endorsing and |
got called out on it by Alderman Segal so | went back and | did the research so | was able to speak it. So in
deference to Alderman Kelly’s observation, we do have a process for this so if we are asked to endorse
something, either in our role as liaison or if we are the author of it, then we should also expect a little bit of
attention from the City departments that are relevant to it to make sure that we are fully briefed to answer
these questions, that way they don’t get put in the spotlight in the middle of a meeting which may be
something that is happening here.

And then also | wanted to point out | don’t have a lot of good senses, but hearing is definitely of the few that
remains intact. So for those of us who heard Director Cummings say that he had spoken to Alderman Jette
yesterday, while his phone was muted, | just want to remind everybody that he’s probably having
connection issues and probably was called by | think the Mayor it was unmuted at the time so that was
probably where that was coming from.

Board of Aldermen 8-11-2020 Page 14

Alderwoman Kelly

| hope to put this to bed after this | know we have had a rigorous discussion. My request would just be that
we think about timing of contracts and when they need to be approved so we don’t get under the gun like
this. One of the Alderman pointed out that we had from Friday until now to ask questions but in the Mayor’s
own remarks he said we have been working on this for over a year. So this could have been brought to us
a month earlier or give us a little bit of time to make sure that we know what we are approving.

President Wilshire

Well you know Director Cummings did send out a memo and this did go to Finance. So | don’t think we
have done anything lax. The information was available and he did send something out in July which was
only 2 % weeks ago. So in his defense, | think he did what he should have done. If wanted more from him,
we could have simply asked and | am sure he would have been more than happy to give you any
information you need. | do understand that if we are supposed to vet something, we vet something and we
should be doing that. But this went through Finance. Alderman Dowd?

Alderman Dowd

| have been doing this kind of work with the City for 20 years and very simply the process is when we have
a project, we hire an architect, the architect determines the work that needs to be done. Then your
construction manager goes out and solicits bids for each piece of the work and that’s a contract. And any
body that is on the Joint Special has seen a number of these already on just the Fairgrounds Project. We
approved that contract and that’s what they are going to do the work for. When all of those are added up,
and by the way when we first do all those estimates, the construction manager is going to determine what
they think it is going to cost to do the architect's work. They make sure it is a close to what is going to
happen as possible.

Then when they go out for bids, the bids come in and has been the case in the school projects for most
every time, the bids come in in conglomerate underneath what we had to bond for and what the cost of the
project was going to be. So when all of those bids are in and they say they are going to do the work for that
price, then we can go out with a guaranteed maximum price. And as Attorney Bolton said, now if they start
doing the work and it goes up or down in the process, you have to do a change order and that has to be
approved by whoever has responsibility for that project. In the schools, it is the Joint Special, alright? And
they can’t do anything without that signed change order. And the only time that it would cause a major
thing to come back to the Board of Aldermen would be if all of a sudden when we add everything up it’s
over the amount that we have approved for bonding. Int this case, we are under the amount we approved
for bonding. So when they went out to get the work and they got all the bids it came in less than we
thought. So there should be no issues there, there’s no change in work because the architect, whoever the
Committee is that’s seeing this project, the architect designed what needed to be done. The construction
manager went out and got bids and all the bids are in and signed it is less than we expected.

President Wilshire

Are you all set Alderman Dowd?
Alderman Dowd

| hope so.

President Wilshire

Ok the Motion is to approve the contract change from Martini Northern relative to the guaranteed maximum
price. Further discussion on that motion? Seeing none, would the Clerk please call the roll?

Board of Aldermen 8-11-2020 Page 15
A viva voce roll call was taken which resulted as follows:
Yea: Alderman Klee, Alderwoman Kelly, Alderman Dowd, Alderman Caron,
Alderman Clemons, Alderman Lopez, Alderman Tencza,
Alderwoman Lu, Alderman Schmidt, Alderman Laws,
Alderman Cleaver, Alderwoman Harriott-Gathright, Alderman Wilshire 13
Nay: Alderman Jette, 1
MOTION CARRIED
From: Tim Cummings, Economic Development Director
Re: Contract Amendment for Professional Engineering Services related to the Nashua Downtown
Riverfront Implementation Project VHB, Inc.
President Wilshire
| just want to touch base with the Mayor and see if this is one that can go to Committee?
Mayor Donchess
Yes Madam President, please send this to the Finance Committee to review.
President Wilshire
And what about the next few Mayor? | mean there’s Swanson, the Riverfront Plan?
Mayor Donchess
They Hayner / Swanson can go to the Committee.
President Wilshire
And the CERF?
Mayor Donchess

The CERF is of course, well that’s pretty self-explanatory, but that could go to the Committee. We are
trying to replace a Police Vehicle there.

President Wilshire

OK thank you Mayor.

Mayor Donchess

But the Riverfront Contracts can go to the Committee, no problem.
President Wilshire

So | will ...

Alderman Dowd

Alderman Wilshire?

Board of Aldermen 8-11-2020 Page 16

Alderman Dowd
You want to send the CERF one to Budget, we are having a meeting tomorrow night.
President Wilshire

So | will, without objection, hope to send the contract amendment for professional engineering services
related to the Riverfront Project, | will send that to Planning & Economic Development.

CONTRACT AMENDMENT WITH VHB, INC., FOR PROFESSIONAL ENGINEERING SERVICES TO THE
NASHUA DOWNTOWN RIVERFRONT IMPLEMENTATION PROJECT IN THE AMOUNT OF $500,000,
REFERRED TO THE PEDC COMMITTEE WITHOUT OBJECTION

From: Tim Cummings, Economic Development Director
Re: Contract Amendment for Professional Engineering Services related to the Nashua Downtown
Riverfront Implementation Project Hayner/Swanson, Inc.

CONTRACT AMENDMENT WITH HAYNER/SWANSON, INC., FOR PROFESSIONAL ENGINEERING
SERVICES RELATED TO THE NASHUA DOWNTOWN RIVERFRONT IMPLEMENTATION PROJECT IN
THE AMOUNT OF $118,730, SENT TO PLANNING & ECONOMIC DEVELOPMENT COMMITTEE
WITHOUT OBJECTION

From: David G. Fredette, Treasurer/Tax Collector

Re: Purchase replacement for one (1) 2019 Ford Police Interceptor Utility vehicle from FY2021 Capital
Equipment Reserve Fund (CERF)

PURCHASE OF A 2020 FORD POLICE INTERCEPTOR UTILITY VEHICLE IN THE AMOUNT OF

$49,516.50 TO BE TAKEN FROM THE CERF ACCOUNT AND AWARDED TO MUNICIPAL VEHICLES

OF MARLBOROUGH, MA, SENT TO THE BUDGET COMMITTEE FOR REVIEW WITHOUT OBJECTION

PETITIONS - None

NOMINATIONS, APPOINTMENTS AND ELECTIONS

Appointments by the Mayor

The following Appointments by the Mayor were read into the record:

Business and Industrial Development Authority

Jack Tulley (Reappointment) Term to Expire: September 13, 2023
P.O. Box 600
Nashua, NH 03061

Mark Prolman (Reappointment) Term to Expire: April 30, 2023
70 Crestwood Drive
Hollis, NH 03049

Energy and Environment Committee

Anita Ardencala (Reappointment) Term to Expire: March 31, 2023
15 Taylor Street
Nashua, NH 03060

Board of Aldermen

Master Plan Committee

Mary Ann Melizzi-Golja (New Appointment)

2 Amble Road
Nashua, NH 03062

Homa Jaferey (New Appointment)
5 Poliquin Drive
Nashua, NH 03062

Gloria McCarthy (New Appointment)
65 Musket Drive
Nashua, NH 03062

Peter Schaefer (New Appointment)
15 E Street
Nashua, NH 03060

Gene Porter (New Appointment)
77 Concord Street
Nashua, NH 03064

John Spira-Savett (New Appointment)

39 Coburn Avenue
Nashua, NH 03063

Marjorie Bollinger (New Appointment)

67 Cannongate III Road
Nashua, NH 03063

Amber Logue (New Appointment)
20 Lock Street
Nashua, NH 03064

Mine Falls Park Advisory Committee

Greg Andruskevich (Reappointment)
3 Caraway Lane
Nashua, NH 03063

Nashua Airport Authority
David Heath (Reappointment)
7 Casey Circle

Nashua, NH 03063

Nashua Arts Commission

Paul LaFlamme (Reappointment)
28 Lutheran Drive
Nashua, NH 03063

Judith Carlson (Reappointment)
15 Manchester Street
Nashua, NH 03064

8-11-2020

Term to Expire

Term to Expire

Term to Expire

Term to Expire

> June 30, 2023

: August 31, 2025

: April 1, 2022

: April 1, 2023

Page 17

Board of Aldermen

Nashua Planning Board

Michael Pedersen (Reappointment)
11 Delaware Road
Nashua, NH 03062

Scott LeClair (Reappointment)
10 Daylily Drive
Nashua, NH 03062

Lawrence Hirsch (Reappointment)
12 Salmon Brook Drive
Nashua, NH 03062

Maggie Harper (Reappointment)
3 Taft Street
Nashua, NH 03060

Tax Increment Financing Advisory Board

Sarah Marchant (Reappointment)
229 Main Street
Nashua, NH 03061

Chris Lewis (Reappointment)
670 North Commercial Street
Manchester, NH 03101

David Fredette (Reappointment)
229 Main Street
Nashua, NH 03061

Eric Drouart (Reappointment)
57 Main Street #206
Nashua, NH 03060

Tim Cummings (Reappointment)
229 Main Street
Nashua, NH 03061

Michael Cerato (Reappointment)
4 Water Street
Nashua, NH 03060

Tia Phillips (Reappointment)
2 Clocktower Place
Nashua, NH 03060

There being no objection, President Wilshire accepted the Appointments by the Mayor as read and
referred them to the Personnel Administrative Affairs Committee.

8-11-2020

Term to Expire:

Term to Expire:

Term to Expire:

Term to Expire:

Term to Expire:

Term to Expire:

Term to Expire:

Term to Expire:

Term to Expire:

Term to Expire:

Term to Expire:

January 1, 2024

March 31, 2022

March 31, 2023

March 31, 2023

September 30, 2021

September 30, 2021

September 30, 2021

September 30, 2021

September 30, 2021

September 30, 2021

September 30, 2021

Page 18

Board of Aldermen 8-11-2020 Page 19

Joint Convention with Edgewood Cemetery Board of Trustees

From: Jeffrey L. Snow, Superintendent of the Edgewood Cemetery
Re: Request for Joint Convention

There being no objection, President Wilshire accepted the communication, placed it on file, and
scheduled a Joint Convention with the Trustees of the Edgewood Cemetery for Tuesday,
September 9, 2020, at 7:30 p.m. via a Zoom teleconference meeting.

REPORTS OF COMMITTEE

Human Affairs Committee... 0.0.0... cece cce cer eee ces eeeeretererestraretarererereee OF/13/2020

There being no objection, President Wilshire declared the report of the July 13, 2020 Human Affairs
Committee accepted and placed on file.

Finance Committee... 0... cece ese cee eee ces ceeetetererevtrarevarterereterersrerterere OF/15/2020

There being no objection, President Wilshire declared the report of the July 15, 2020 Finance Committee
accepted and placed on file.

Committee on Infrastructure... 0.0.0.0. ccc cce cee cee eee cee eee eee seseeettettteererseteterere » O7/22/2020

There being no objection, President Wilshire declared the report of the July 22, 2020 Committee on
Infrastructure accepted and placed on file.

Budget Review Committee... 00.0.0... cece eect eee ste tttttetttttettstseesseee 07/27/2020

There being no objection, President Wilshire declared the report of the July 27, 2020 Budget Review
Committee accepted and placed on file.

Finance Committee...... 0... ce ese ces eee ces ceeetetererestraretartererterertrirrer ee. 08/05/2020

There being no objection, President Wilshire declared the report of the August 5, 2020 Finance Committee
accepted and placed on file.

CONFIRMATION OF MAYOR'S APPOINTMENTS — None

Board of Aldermen 8-11-2020 Page 20

UNFINISHED BUSINESS — RESOLUTIONS

R-20-044

Endorsers: Mayor Jim Donchess

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

Alderman Jan Schmidt

Alderman Richard A. Dowd

Alderman Patricia Klee

Alderman-at-Large David C. Tencza

Alderwoman Elizabeth Lu

Alderwoman-at-Large Shoshanna Kelly

Alderman June M. Caron

Alderman Thomas Lopez

Alderman Skip Cleaver

Alderman-at-Large Lori Wilshire

Alderman Linda Harriott-Gathright
RELATIVE TO THE ACCEPTANCE AND APPROPRIATION OF AN ADDITIONAL $377,873.50
FROM THE STATE OF NEW HAMPSHIRE, DEPARTMENT OF HEALTH AND HUMAN SERVICES
INTO TRANSIT GRANT ACTIVITY “FEDERAL TRANSIT AUTHORITY (“FTA”) OPERATING
GRANT”

Given its second reading;

MOTION BY ALDERMAN CLEAVER FOR FINAL PASSAGE OF R-20-044, BY ROLL CALL

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

Yea:

Nay:

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

MOTION CARRIED

Resolution R-20-044 declared duly adopted.

R-20-045

Endorsers: Mayor Jim Donchess

Alderman Jan Schmidt

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

Alderman Linda Harriott-Gathright

Alderman-at-Large David C. Tencza

Alderman Thomas Lopez

Alderwoman-at-Large Shoshanna Kelly

Alderman Patricia Klee

Alderman-at-Large Brandon Michael Laws

Alderman June M. Caron
RELATIVE TO THE ACCEPTANCE AND APPROPRIATION OF $190,000 FROM THE STATE OF
NEW HAMPSHIRE DEPARTMENT OF HEALTH AND HUMAN SERVICES CARES ACT FUNDING
INTO PUBLIC HEALTH AND COMMUNITY SERVICES GRANT ACTIVITY “FY2020 PUBLIC
HEALTH CRISIS RESPONSE”

Given its second reading;

MOTION BY ALDERWOMAN KELLY FOR FINAL PASSAGE OF R-20-045, BY ROLL CALL

organization was responsible for more than $75,000?
NO
4 filed any lawsuits or requested arbitration regarding a construction project?
NO

§ B.2.3 In the last five years, has your organization, its parent, or a subsidiary, affiliate, or other entity having common
ownership or management; or any of the individuals listed in Exhibit A Section 1,2:

<1 been convicted of, or indicted for, a business-related crime?
NO

2 had any business or professional license subjected to disciplinary action?
NO

3. been penalized or fined by a state or federal environmental agency?

NO

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