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Special Board of Aldermen 06-07-2021 Page 16

Board of Aldermen really is not an independent Board. And again | am not taking a shot at the current
administration. I’ve worked under two mayors, | just think that generally the Mayor and the Board of
Aldermen have a lot more political interest in what the Police Commission does than what the Governor
does.

And also the fact that it is a diverse Board as far as there can’t be 3 people from the same political party.
And perhaps someone should put a bug in the ear of the Governor and say if we want a woman on then
perhaps appoint a woman. It sounds like the woman that was the business owner that moved down here in
Nashua, she sounds like a go-getter; she sounds like she’s be terrific to be on that Board. But anyway, | do
think that if we want to give people a choice, we would go ahead and put that on the ballot. But that’s not
what the choice is.

| think that we need an independent Police Commission and that is what is on there now. It is interesting
because | spoke with, | am on the Board of Public Works, we are Commission of 5 and we are kind of a
different kind of Board because the Chair is the Mayor. And as I’ve said, I’ve served under two different
mayors and that kind of gives some political influence, but the fact is we answer to the people and not the
Mayor. But if someone is appointed, they are going to answer directly to the Mayor. And really the
Governor is not really going to have that much interest in what is happening at our local Police Department.
So | think that it should go ahead and stay the way it is. As far as expanding the Board ...

Alderman O’Brien
30 seconds.

Ms. Pappas As far as expanding the Board goes, | know someone who used to serve as my Board of
Public Works and he later served on the County Commission that had 3 and he just said how much easier
it was to get things gone. | think this is a dangerous power grab and | think that people should not vote for
this. Thank you. Bye bye.

Chairman Caron

Is there anyone else who has not spoken that wants to speak in Opposition of this Resolution? Ms.
Ortolano, | see your hand up again. Do you have anything to add that you didn’t speak prior to this?

Ms. Ortolano 41 Berkeley Street. Yes | would like to know if this Resolution should it or this Charter
Change go through. Is the Board going to set it such that the five seats would be made up of different
parties; that it would be Democrats, Republicans and Independents. | haven’t seen the language where that
has been drawn out but | think that would be very important. | am not in favor of doing that at all, | do think
that the Boards that | see appointed right now by the Mayor and Aldermen tend to be single party focused
and near and dear to the Board of Assessors. | go to the meetings all the time, it’s 3 assessors, 3
Democrats. One of them doesn’t even live in Nashua or own property in Nashua and two are related to
each other so that concerns me. So | don’t think that this will be an improvement to what we have going on
and | think there are improvements to make in the Police Department, but | don’t think going to a 5 member
Board that’s really appointed by the Mayor and the elected people is really putting the power in the people’s
hands. If you want to do that, let us vote. Thanks.

Chairman Caron

Thank you. | am just looking at the Resolution. It says here, “appointments based upon qualifications, the
merit and/or history of community involvement”. It does not say it has to be any particular party, that’s what
the Resolution states. So | think that would be up to whoever is making these appointments at that time.
There will be further discussion on that when the Personnel Committee meets in July. But it was a good
question.

Special Board of Aldermen 06-07-2021 Page 17

Mayor Donchess
May | just make a correct there, Madam Chair?
Chairman Caron

Sure, Mayor.

Mayor Donchess

Currently the 3 member Commission it says, “that no more than two members shall be of the same party”.
This does, if you look at the end of Section A 1071 it includes this sentence, “Not more than 3
Commissioners shall be of the same political party”. So it basically uses the same system and requires
party diversity as the current 3 member Commission, there is a requirement of that as well. So this keeps
that system it just expands it to 5 people.

Chairman Caron

OK thank you Mayor. So | will ask the question again, is there anyone else who wants to speak in
Opposition of this Legislation? No? OK, it looks like we are clear. Before | close the public hearing | just
want you to know that the Personnel Committee will be meeting on July 6 which is a Tuesday and this
piece of Legislation will be brought up at that time, not this evening. So | would like to close the hearing on
R-21-143.

Chairman Caron closed the public hearing on R-21-143 at 8:18 p.m.

ADJOURNMENT

MOTION BY ALDERMAN O’BRIEN THAT THE JUNE 7, 2021, SPECIAL 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:
Yea: Alderman O’Brien, Alderman Klee, 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

14

Nay: 0
MOTION CARRIED

The meeting was declared adjourned at 8:19 p.m.

Attest: Allison Waite, Deputy City Clerk

SPECIAL BOARD OF ALDERMEN
JUNE 7, 2021
7:00 PM

Join Zoom Meeting: https://us02web.zoom.us/j/85364830438? pwd=SmJFdELY OmJ GST Eyand2UEI1COS8y UT 09
Meeting ID: 853 6483 0438 Passcode: 715114

Join by telephone: 1-929-205-6099
Meeting ID: 853 6483 0438 Passcode: 715114

If for some reason you cannot connect to Zoom, please contact us at (603) 589-3329 and they will help you
with connectivity. The public may also view the meeting va Channel 16.

PRESIDENT LORI WILSHIRE CALLS ASSEMBLY TO ORDER

PRAYER OFFERED BY CITY CLERK SUSAN K. LOVERING

PLEDGE TO THE FLAG LED BY ALDERMAN-AT-LARGE BEN CLEMONS
ROLL CALL

PUBLIC HEARING
R-21-143

PROPOSING AN AMENDMENT TO THE CITY CHARTER RELATIVE TO THE MANNER OF
APPOINTMENTS TO THE NASHUA BOARD OF POLICE COMMISSIONERS

Testimony in Favor

Testimony in Opposition

Testimony in Favor

Testimony in Opposition

ADJOURNMENT

R-21-143

RESOLUTION

PROPOSING AN AMENDMENT TO THE CITY CHARTER RELATIVE TO THE
MANNER OF APPOINTMENTS TO THE NASHUA BOARD OF POLICE
COMMISSIONERS

CITY OF NASHUA

In the Year Two Thousand and Twenty-One

RESOLVED by the Board of Aldermen of the City of Nashua that pursuant to RSA 49-
B:5, the following amendment to the Nashua City Charter is deemed necessary and shall be
submitted to the voters by placing it on the ballot at the next regular municipal election on
November 2, 2021, in the manner required by NH RSA 49-B with the following question and
summary:

Shall the municipality approve the charter amendment summarized below?

SUMMARY

This amendment would provide for appointment of Board of Police Commissioners by the
Mayor and the President of the Board of Aldermen upon approval of the Board of Aldermen.
Appointments shail be based upon qualifications, merit and record of community service and
should be balanced so that the membership of the Commission reflects the citizenship of the
City. Members of the immediate family of and residents of the same household with the Mayor
and any Alderman would be ineligible.

The Nashua City Charter shall be amended by deletion of the current sections A-101 through A-
102 and A-141 through A-146 and by addition of the following new A-100 through A-102:

§ A-100. Appointments Based Upon Qualifications, Merit, and/or History of Community
Involvement

The Board of Police Commissioners of the City of Nashua shall consist of five (5)
members. Appointments will be based upon qualifications, merit and record of community
service. The Mayor and the President of the Board of Aldermen should use their best efforts to
balance the membership of the Commission to reflect the citizenship of the City. In no event
shall a member of the immediate family or a resident of the household with the Mayor or any
Alderman be eligible for appointment.

RESOLUTION R-21-143

§ A-101. Appointment of commissioners

The Mayor shall, with the advice and approval of the Board of Aldermen, appoint three
(3) persons to the Board of Police Commissioners, each holding office for a three (3) year term,
or until his or her successor is duly appointed and qualified. The President of the Board of
Aldermen shall with the advice and approval of the Board of Aldermen appoint two (2) persons
to the Board of Police Commissioners, each holding office for a three (3) year term, or until her
or his successor is duly appointed and qualified. Notwithstanding the foregoing any person
holding office as a commissioner under the appointment of the governor and council under the
authority of Laws 1913, chapter 148, at the date of the passage of this section shall continue in
office as such commissioner until the expiration of his or her said term of office. The first, third,
and fifth appointments following such term expirations shall be by the Mayor and the second and
fourth by the President of the Board of Aldermen and shall be staggered such that the term of one
or of two commissioners shall expire each year. Thereafter any vacancy from any cause shall be
filled by the original appointing authority with approval of the Board of Aldermen for the
remainder of the term or for a new term as is applicable. Each said commissioner shall have been
a resident of the City of Nashua when appointed for at least five years immediately preceding the
date of her or his appointment and shall remain a resident during said term. The Mayor or the
President of the Board of Aldermen shall, annually, on or before the first day of August
thereafter, with the advice and approval of the Board of Aldermen, appoint one or two
commissioners, who shall succeed the ones whose term expires and who shall serve for three (3)
years from September first unless sooner removed as (hereinafter) provided. Not more than three
commissioners shall be of the same political party.

§ A-102. Removal of commissioners

The Mayor or President of the Board of Aldermen with the advice and approval of the
Board of Aldermen shall have full power to remove any commissioner which he or she or her or
his predecessor has appointed.

LEGISLATIVE YEAR 2021

RESOLUTION: R-21-143
PURPOSE: Proposing an amendment to the City Charter relative to the

manner of appointment of the Nashua Police Commission.

SPONSOR(S): Mayor Jim Donchess
Alderman Thomas Lopez
Alderman Brandon M. Laws
Alderwomen Shoshanna Kelly
Alderwoman Patricia Klee
Alderwoman Jan Schmidt

COMMITTEE
ASSIGNMENT: Personnel/Administrative Affairs Committee
FISCAL NOTE: The City Clerk estimates the cost associated with a charter
amendment as approximately $200 during a regular municipal
election.
ANALYSIS

This Resolution would submit to the voters a proposed amendment to the City Charter providing
for appointment of police commissioners by the mayor and the president of the board of
aldermen with the approval of the board of aldermen.

The procedure for charter amendments is set forth in RSA 49-B:5. The Board of Aldermen must
hold an initial vote to determine if the amendment is “necessary”. If the amendment is
determined to be necessary, the Board of Aldermen must order that notice be given for a public
hearing on the amendment. Notice of the public hearing must be published in a newspaper of
general circulation at least seven (7) days prior to the scheduled hearing. The notice must
contain the text of the proposed amendment and a brief explanation.

Within seven (7) days after the public hearing, the Board of Aldermen shall file with the City
Clerk a report containing the proposed amendment. Within ten (10) days of filing, the City Clerk
files a certified copy of the report to the secretary of state, the attorney general, and the
commissioner of the department of revenue administration pursuant to RSA 49-B:4-a. Within
seven (7) days after receiving approval from the secretary of state, the attorney general, and the
commissioner of the department of revenue administration, the Board of Aldermen may vote to
order the proposed amendment to be placed on a ballot at the next regular municipal election.

Approved as to form: Office of rg eS -
By: /

Date: May 6, 2021

A special meeting of the Board of Aldermen was held Tuesday, June 1, 2021, at 7:00 p.m. via
teleconference.

President Lori Wilshire presided; Deputy City Clerk Allison Waite recorded.

Prayer was offered by Deputy City Clerk Allison Waite; Alderman June M. Caron led in the Pledge to the
Flag.

President Wilshire

As President of the Board of Aldermen, | find that due to the State of Emergency declared by the
Governor as a result of the COVID-19 pandemic and in accordance with the Governor's Emergency
Order #12 pursuant to Executive Order 2020-04, this public body is authorized to meet electronically.

Please note that there is no physical location to observe and listen contemporaneously to this meeting,
which was authorized pursuant to the Governor's Emergency Order. However, in accordance with the
Emergency Order, | am confirming that we are:

Providing public access to the meeting by telephone, with additional access possibilities by video or
other electronic means:

To access Zoom, please refer to the agenda or the City’s website for the meeting link.

To join by phone dial: 1-929-205-6099 Meeting ID: 816 3650 5216 Passcode: 496731

The public may also view the meeting via Channel 16.

We previously gave notice to the public of the necessary information for accessing the meeting, through
public postings. Instructions have also been provided on the City of Nashua’s website at www.nashuanh.gov
and publicly noticed in the Nashua Telegraph, City Hall, and the Nashua Public Library.

If anyone has a problem accessing the meeting via phone or Channel 16, please call 603-589-3329 and they
will help you connect.

In the event the public is unable to access the meeting via the methods mentioned above, the meeting will
be adjourned and rescheduled. Please note that all votes that are taken during this meeting shall be done
by roll call vote.

Let’s start the meeting by taking a roll call attendance. VWhen each member states their presence, please
also state whether there is anyone in the room with you during this meeting, which is required under the
Right-To-Know Law.

City Clerk Lovering called the roll and asked them to state the reason he or she could not attend, confirmed
that they could hear the proceedings, and stated who was present with him or her.

The roll call was taken with 14 members of the Board of Aldermen present: Alderman Michael B. O’Brien,
Sr., Alderman Patricia Klee, Alderwoman Shoshanna Kelly, Alderman Richard A. Dowd, Alderman June M.
Caron, Alderman Thomas Lopez, Alderman David C. Tencza, Alderwoman Elizabeth Lu, Alderman Ernest
Jette, Alderman Jan Schmidt, Alderman Brandon Michael Laws, Alderman Skip Cleaver, Alderman Linda
Harriott-Gathright, Alderman Wilshire.

Alderman Benjamin Clemons was recorded absent.

Special Board of Aldermen 06-01-2021 Page 2
ROLL CALL:

Alderman O’Brien

| am present and my attendance is in the Chamber and | can hear the proceedings.

Alderman Klee

| am at home, | am alone in this room, | can hear the proceedings. Thank you.

Alderwoman Kelly

I’m here, | am alone and | can hear everyone. | am attending remotely because my children are
unvaccinated.

Alderman Dowd

Yes, | am present. | am in the Chamber with the other Board Members.
Alderman Caron

Yes, | am home, | can hear everyone and | am alone.

Alderman Lopez

I’m here, | am alone, | am home, | would be in the Chamber if somebody had told me we were meeting in
the Chamber so that’s why | am not there.

Alderman Tencza

| am present, | am alone and | can hear everyone.
Alderman Jette

| am here alone and | can hear the proceedings.
Alderman Schmidt

| am present, alone and can hear everyone.
Alderman Laws

I’m here, | am alone, and | can hear everyone.
Alderman Cleaver

| am present, | can hear everyone and | am alone.
President Wilshire

| am present.

Allison Waite, Deputy City Clerk

Alright, you have 13 in attendance.

To:

From:

Re:

A. Motion:

Attachment:

Discussion:

City of Nashua, Public Works Division

Board of Public Works Meeting Date: February 24, 2022
Jeff Lafleur, Superintendent, Solid Waste Department
Change Order #1 - Landfill Engineering Services Contract

To approve Change Order #1 to the engineering services contract for the City of
Nashua’s landfills with Sanborn Head & Associates of Concord, NH in the
amount of $66,000. Funding will be through: Department: 168 Solid Waste;
Fund: Solid Waste; Account Classification: 53 Professional and Technical
Services.

Sanborn Head and Associates February 14, 2022 Budget Increase Letter

Sanborn Head and Associates (SHA) is the City’s primary engineering consultant
for landfill and solid waste related issues, including landfill gas management,
design and construction; groundwater, air and solid waste permitting; capacity
analyses; regulatory representation; and general landfill operations.

In FY 2022 the Solid Waste Department has required more engineering services
than a typical year. An applicability determination was necessary to rule out the
need for new federal rules to supersede or be concurrently needed with the
existing, NHDES-issued Four Hills Landfill Title V Air Permit. The applicability
determination required updating of landfill design capacity and emission reports
including updating our air dispersion model to include the Phase III area.

Also, due to stresses to the Phase III landfill leachate management system from
more frequent and higher intensity precipitation events beginning in summer
2021, NHDES increased the frequency of groundwater testing, the number of
sampling locations, and the number of analytical parameters (including “PFAS”).

Because of the speed at which this extra work that must be completed for
NHDES, SHA proceeded with the necessary work under the approved FY 2022
contract and has provided an updated cost to complete remaining necessary
services in FY 2022. Asa result Solid Waste Department will need an additional
$66,000 to pay for the remaining work to be completed.

SHA has demonstrated a thorough understanding of the issues and requirements
of the Four Hills facility, and provide consistent, high quality engineering and
consulting services to the department in a timely manner. They have
demonstrated superior abilities relative to regulatory reporting, permitting, design
and construction oversight. Therefore, they are considered a sole source for these
services.