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SANBORN HEAD

20 Foundry Street
Building Trust. Engineering Success Concord, NH 03301
Mr. Jeff Lafleur February 14, 2022
Superintendent File No. 3066.22
Nashua Division of Public Works, Solid Waste Department
840 West Hollis Street Sent via email

Nashua, NH 03062

Re: Budget Increase
FY 2022 General Engineering Services
City of Nashua Four Hills Landfill
Nashua, New Hampshire

Dear Jeff:

Sanborn, Head & Associates, Inc. (Sanborn Head) appreciates the opportunity to be of
continued service to the City of Nashua (City). As we recently discussed, the extent of
engineering services that were performed during Fiscal Year (FY) 2022 as required by the
New Hampshire Department of Environmental Services (NHDES) were not planned for in
our original budget. With this extra effort, coupled with carryover services from FY 2021, we
anticipate exceeding the approved FY 2022 general engineering services budget. This letter
presents our request for a change to the FY 2022 general engineering services budget.

Services Already Provided

Since the beginning of FY 2022, multiple requests were made by the NHDES that are beyond
that of a typical year, requiring the City and Sanborn Head to spend additional effort and
incur additional costs. Below is a list of the major scope items resulting from the NHDES
requests that were not reflected in our budgeted FY2022 scope of services that were either
completed or are in progress:

= Participated in numerous calls regarding 40 CFR Part 62 Subpart OOO requirements;

» Prepared Design Capacity and NMOC Emission Rate Reports per 40 CFR Part 62 Subpart
000 requirements;

= Prepared a Notice of Applicability Letter per 40 CFR Part 62 Subpart OOO requirements;
= Prepared the Phase III Air Dispersion Modeling Update;

« Performed additional tasks related to the Phase III Release Initial Response Action (IRA)
including: preparing a 10-day notification letter; preparing for, and attending a NHDES
site visit; performing soil sampling; and preparing, planning, providing quality
assurance/quality control (QA/QC), and reporting of the additional data;

« Coordinating with the City regarding the Phase III liner repair; and

s Coordinating with the City and preparing various documents related to the temporary
stormwater management infiltration practice area within Phase III.

SANBORN, HEAD & ASSOCIATES, INC www.sanbornhead.com

RESOLUTION:

PURPOSE:

ENDORSERS:

COMMITTEE
ASSIGNMENT:

FISCAL NOTE:

LEGISLATIVE YEAR 2021
R-21-145

Authorizing the interfund transfer of $325,000 from the Broad
Street Parkway Capital Project Activity to the Nashua
Millyard Dog Park Capital Project Activity for the purchase of
property located at “L” Pine Street (Map 77, Lot 5)

Mayor Jim Donchess

Budget Review Committee

This resolution transfers $325,000 from one capital project
activity to another capital project activity.

ANALYSIS

This resolution authorizes the Interfund Transfer of $325,000 from the Broad Street Parkway
Capital Project Activity to the Nashua Millyard Dog Park Capital Project Activity for the
purchase of Property located a “L” Pine Street (Map 77, Lot 5.

Approved as to account
structure, numbers and
amount:

Approved as to form:

Financial Services Division
By: /s/John Griffin

Office of Corporation Counsel
By: /s/Celia K. Leonard

Date: May 6, 2021

A regular meeting of the Board of Aldermen was held Tuesday, May 25, 2021, at 7:30p.m. via teleconference.
President Lori Wilshire presided; City Clerk Susan Lovering recorded.

Prayer was offered by City Clerk Susan Lovering; Alderman-at-Large Shoshanna Kelly 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: 838 9057 8660 Passcode: 401600

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 at City Hall and 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. When 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.

The roll call was taken with 15 members of the Board of Aldermen present: Alderman Michael B. O’Brien, Sr.,
Alderman Benjamin Clemons; 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.

Mayor James W. Donchess, Corporation Counsel Steve Bolton, were also in attendance.

Board of Aldermen 05-25-2021
ROLLCALL

Alderman O’Brien

| am present, | can hear the proceedings and | am home alone.
Alderman Klee

| am here, | can hear the proceedings and | am alone in this room.
Alderwoman Kelly

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

Alderman Dowd

Yes, | am present, | can hear the proceedings and | am alone.
Alderman Caron

| am here, | am alone and | can hear everyone.

Alderman Clemons

| am here, | can hear everyone and | am by myself.

Alderman Lopez

| am here, | can hear everyone and | am by myself.

Alderman Tencza

| am present, | am alone and | can hear everyone.
Alderwoman Lu

| am alone here and | can hear you.

Alderman Jette

| am here alone and | can hear the proceedings.

Alderman Schmiat

| am present, alone and can hear everyone.

Alderman Laws

| am here, | am alone and | can hear everyone.

Alderman Cleaver

| am present and | am here, | can hear the proceedings and my daughter is with me.

Page 2

Board of Aldermen 05-25-2021 Page 3

Alderman Harriott-Gathright

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

| am here, | am alone and | can hear everyone.

Susan Lovering, City Clerk

You have 15 in attendance.
President Wilshire

Thank you. Also in attendance this evening is Mayor Jim Donchess and Corporation Counsel Steve Bolton. Mayor,
did you wish to address the Board this evening?

REMARKS BY THE MAYOR

Mayor Donchess

Yes, Madam President. Thank you very much. First | wanted to mention some good news on the COVID-19
pandemic. Of course our Public Health Department and Director Bagley is on the call as well but has been working
very hard with respect to trying to eradicate this pandemic. The numbers are definitely down. Recently within the
last couple of days the count of active cases is 27 down from somewhere in the 80’s a month or so ago. Over the
winter that number was almost 600. So we definitely have seen some progress there. In addition, the positivity
rate, this is the number of people who are tested for COVID-19 who come up with a so-called positive test
indicating that they have the virus is 2.7% down from 5% within the last couple of weeks, down from 10% or 12%
earlier in the year. So those are definitely good news.

In addition, as of about a week ago, the number of adults, the percentage of the adult population in Nashua who
have been fully vaccinated is 35% and this is of a week ago, the number of people including the 35% who have had
either one does or are fully vaccinated is around 48%. Now we think those numbers are a little higher now just
because one more week has gone by. But we still need to get more people vaccinated. Public Health is still active
getting people vaccinated, holding clinics and we need to encourage all of our family, friends and neighbors to get
vaccinated to protect themselves, their families, friends and our community.

While we are on the subject of Public Health Madam President, | wanted to congratulate Director Bagley for having
been recognized by the NH Women’s Foundation. They recognize women from around New Hampshire who have
contributed to the COVID-19 fight and have contributed during the pandemic. Five of the nominees were picked
out for special recognition as honorees statewide. Ms. Bagley was one of those five from the entire State of New
Hampshire so | wanted to congratulate her and again say she’s done a very good job and the recognition was well-
deserved.

Madam President, of course one of the items we have on tonight’s Agenda is R-21-136 which is the Developer
Agreement with the Nashua Housing Authority for the improvement of the Bronstein site. Right now there are 48
affordable units there and the proposal that has been worked out and negotiated between the City and the Housing
Authority would enable 216 units. So we would improve the number of affordable housing units in the City by over
160 units. As everyone knows, we have a housing crisis here in the City, particularly for those who are in the lower
end of the economic spectrum, the number of homeless people has definitely climbed, people who are struggling to
pay the rent, people who are having trouble with the rents that have escalated, have gone up significantly over the
last few years. And so the supply of housing in general, with a vacancy of less than 1% as well as the supply of
affordable housing is definitely too low. This project would be a big step forward.

Board of Aldermen 05-25-2021 Page 4

Now in order to make this project possible, the City would allocate HOME Funds, those are Federal Funds that are
used to subsidize and make sure that affordable housing projects can actually happen. And the City has worked
out a PILOT, standing for Payment in lieu of taxes in the amount of $225,000.00 a year. Now the Housing Authority
is a non-profit and therefore may not be taxable at all. But there is a private developer in this project so the City
negotiated with the Housing Authority over a period of weeks and arrived at a figure of $225,000.00 on annual
payment. Right now, Bronstein is not paying anything, no PILOT, no taxes, no payment in lieu of taxes — Zero. So
this is an increase, Madam President of $225,000.00 a year in addition to the very significant increase in the
amount of affordable housing units that will become available in the City.

Now | think there’s some misunderstanding regarding this because some people from the Board of Public Works
Meeting yesterday got the idea that some people think that we are reducing the amount of taxes that the City would
get. Well that’s not really true, because with the HOME Funds, without a PILOT Agreement, without some of the
other features of this development agreement, there will be no project, there will not be any additional affordable
units. Bronstein will continue to pay Zero instead of the $225,000.00 that’s been agreed to under the development
agreement. So | think, all in all, given the need of people in the City for housing, given the economic struggles that
many are undergoing and given the sort of sorry state — Bronstein the site could be in better shape and this will
definitely improve it. Given all those features, the project is a very good one and | hope that the Board of Aldermen
will move forward and approve it.

Madam President, | also wanted to address a rather unfortunate incident in the City, in the last few days, the last
week or so one of our very active, energetic, positive State Representatives has been attacked with hate speech.

In addition to that there have been some tags on the Rail Trail, one of the murals that are also very hateful. Our
State Representative is someone who is a credit to the community and who we are very glad that is part of Nashua.
As you know, we are an inclusive community, we are one where everyone is welcome, where everyone is valued
and no one is left behind, that is our belief. So | want to mention and announce, this is being organized privately,
but there will be a Rally Against Hate coming up on June 2" at Greeley Park | believe in the evening. That is
something that we will use to reinforce the values of the community of inclusion, of everyone is valued, no one is
not part of our community. So | hope people who are in town then can attend that June 2" rally.

Madam President, | assume you saw the recommendations from the Board of Health regarding masks,
recommending that protocols be reduced or eliminated but a strong set of a recommendations covering a number
of circumstances be put in place and there’s quite a bit of detail there. Before | conclude, Madam President, we will
be coming up with the City Lights Award that is going to go to the United Way for all of their important work in the
community. The City Lights Award is something that has been given for a long time and it’s decided upon by a
Committee of Citizens. It is given to a person or an organization in the community who has contributed in a very
significant way. And | want to congratulate United Way for this well-deserved award and | will have the
Proclamation when it comes time to do that.

That concludes my remarks unless there are questions, Madam President.

RESPONSE TO REMARKS OF THE MAYOR

Alderman Lopez

So | appreciate the Mayor’s comments regarding the need for vaccination, especially on this Board as we take
a look at applying the Board of Health’s recommendations and looking at the mask ordinance and making all of
those changes that are recommended. It is important to encourage the public to vaccinate particularly
because it was only last week that youths 12 to 16 were fully authorized to be vaccinated and that means that
the vast majority of people who can vaccinate and have access to vaccinations are adults. So this our
responsibility and we need to be a human shield in this case because kids under 12 still can’t get vaccinated. If
COVID-19 starts to outbreak in the community, they are extremely vulnerable.

Board of Aldermen 05-25-2021 Page 5

That was a large part of the concern that has held Public Health from making more immediate updates to the
masking ordinance. Just because somebody else is doing something doesn’t mean it is a good idea to do it.
Just because the cities and municipalities around us follow the Governor’s lead and not the Governor’s medical
advisors’ leads regarding the masking ordinance doesn’t mean that we as Nashuans don’t want to care for our
children, so it’s important for us to consider that.

If people have been putting it off and just haven’t gotten around to it, because I’ve a heard a number of people
saying, OH gee, yeah | should get on that now’. It is time to shift gears. There isn’t a waiting list, you can
schedule an appointment but you don’t have to be under a certain age limited; as adults get vaccinated. You
will reduce the amount of likelihood that somebody else will get it from you by reducing the likelihood that you
will get it. And it is important to do that for all of the members of our community, including the most vulnerable.
This particular pandemic has been characterized by the most vulnerable. | appreciate all the Nashuans who
have really made massive changes and sacrifices to their lives in order to protect those most vulnerable and |
think that is a testament to our ideology as a community.

As the Mayor also mentioned, we have been experiencing, tagging vandalism, more specifically white
supremacy messages in Ward 4. People who have been on the Board for a while this is not a shocker to you. |
have announced as far back as | can recall, | think probably 4 years ago, there were concerns among
neighbors about whether they were going to be deported because there were those comments being put in the
community. There were stickers being put out, there were comments being made. We've seen pushback
against Black Lives Matter where that message is black lives matter too and it’s not good enough for people
like they have to make a point of saying all lives matter and try to challenge the position that Black Lives Matter
is trying to say that there are inconsistencies in how police conduct is applied. There are statistical anomalies
in terms of over representation and that we need to address that. So this is not a brand new experience.

What is brand new is that a State Representative called out the public about it and brought attention to the
issue and members of the public felt entitled to challenge that Representative’s legitimacy based completely on
his name. So the lack of person insight that will compel a person to address a comment about white
supremacy being a thing and systemic racism still existing with a response basically saying, yes and you are a
problem and therefore we need to motivate you and remove all of your people because you are occupying our
land is fantastically inappropriate. It is a problem for our community, it is a danger, it is something that Nashua
P.D. and the F.B.I. do take very seriously and have been working very closely with us on.

As neighbors, we have been painting those murals repeatedly over and over again because it is important not
to just paint over a problem but to create something in its place. So we haven't just covered over the murals
when somebody puts a tag on there. We have enhanced them, we have updated, we have made them better.
We will continue to do that, we have plenty of paint. That’s what the neighborhood is all about and there’s a lot
more artists in this neighborhood than your average neighborhood so we can handle this as a community but
what is important is that Nashua know that this is happening and | think what’s very important is that there
have been a lot of other communities that have been saying the same thing; whether it is the synagogues,
whether it is the immigrant community. These people have been targeted and they are not alone in their being
targeted, they have that shared goal. | think all of us share the sentiment that that’s not Nashua; that’s not
appropriate and that’s now what our City is all about. So hopefully we can build something out of this instead
of just painting it over.

(Background noise / conversation)
President Wilshire

Thank you Alderman Lopez. Anyone else?
Unidentified Person

Yes, can! ask a question?

Board of Aldermen 05-25-2021 Page 6
President Wilshire

This is only for the Board Members, we will have a public comment period shortly.

Unidentified Person

Well can we turn the comments back on? It’s a violation of Article 22, Freedom of Speech, that’s a form of
speech, so if we could turn the comments back on, that would be great.

Alderwoman Lu

Thank you. I’d like to express my solidarity with Alderman Lopez. | can’t improve on his statements but | want
to thank him for expressing what he did and! am in agreement. Thank you.

President Wilshire

Thank you. Anyone else on the Board?

RECOGNITION PERIOD

Gate City Light Award

President Wilshire to recognize Mayor Donchess to present the Award.

READING MINUTES OF PREVIOUS MEETINGS

Mayor Donchess

Thanks Madam President, | have the City Proclamation here which you can sort of see on the camera. This, of
course, honors the United Way of Greater Nashua and | believe we have Mr. Apfelberg here to accept or at least
acknowledge the Award. He is the Executive Director of the United Way.

Whereas:

The Mayor’s Volunteer Recognition Committee is proud to present the 2021 Gate City Light Award to the United
Way of Greater Nashua. This award is given yearly to a local organization or nonprofit for giving their time in the
spirit of the community and for making significant contributions to the people of Nashua. This year, the United
Way has done and more: and

Whereas:

Throughout the pandemic the United Way and its dedicated volunteers stepped up to help when it was needed
most. More than 10,000 food items were collected at several food drives; 15 pop-up food pantries served 8,000
people. More than 250,000 facemasks were handed to the public and volunteers who supported COVID-19
testing and vaccination clinics. In addition, United Way volunteers assisted with refurbishing 750 laptops for
local students to use with on-line learning; implemented a volunteer school tutoring program; packaged and
distributed more than 500 gallons of hand sanitizer and much more.

Whereas:
This is the first time that the United Way has received the Gate City Light Award, it is certainly well-deserved for

their continuous commitment to our community. Since its founding in 1930, the United Way has kept up its
mission to serve Greater Nashua, investing health, education and economic mobility for all: and;

Board of Aldermen 05-25-2021 Page 7
Whereas:

It is with great pleasure that we honor this organization and its leadership team — Mike Apfelberg, Sara Ceaser.
Liz Fitzgerald and Samantha Cassista; their Board of Directors and many amazing volunteers for all that they've
done.

Now Therefore:

|, Jim Donchess, MAYOR OF THE CITY OF NASHUA and the BOARD OF ALDERMEN on May 25'", 2021 do
hereby recognize the United Way of Greater Nashua for its unwavering dedication to our community.
Congratulations on this award!

| don’t know if Mike wants to say a few words but | see him on the meeting.
President Wilshire
Mr. Apfelberg?

Mike Apfelberg, United Way Nashua Thank you Mr. Mayor. Thank you Madam President. So first of all | would
like to acknowledge my colleague Sara Ceaser who | also see on the chat. Sara is our Director of Volunteer
Engagement and played a very, very heavy role in the lift that it took this year to respond to the pandemic at
United Way, so Sara thank you. | also see many of you who have volunteered with us throughout the year, not
the least of which is superhero volunteer of the year, Patricia Klee who of those 250,000 face masks probably
handed *% of them herself. So we are honored and it is our pleasure to serve. And thank you very much we
really truly appreciate the recognition.

President Wilshire

Well-deserved, thank you. Thank you so much it’s very well-deserved. Thank you Sara and whoever else from
the United Way might be on the meeting this evening. Thank you so much.

There being no objection, President Wilshire declared the minutes of the regular and special Board of
Aldermen meetings of May 11 and May 17, 2021 accepted, placed on file, and the reading suspended.

COMMUNICATIONS REQUIRING ONLY PROCEDURAL ACTIONS AND WRITTEN REPORTS
FROM LIAISONS

From: Lori Wilshire, Board of Aldermen President
Re: Calling a Special Board of Aldermen Meeting on June 8, 2021 Relative to a Presentation on the
Emergency Operations Plan

From: Lori Wilshire, Board of Aldermen President
Re: Calling a Special Board of Aldermen Meeting on June 1, 2021 Relative to a Public Hearing on
Resolution R-21-145

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

From: Matt Sullivan, Planning Manager

Re: Referral from the Board of Aldermen on proposed R-21-135, authorizing a First Amendment to
Purchase and Sale Agreement for real property located at 141-143 Burke Street (Map 11,
Lot 158)

Board of Aldermen 05-25-2021 Page 8

From: Matt Sullivan, Planning Manager
Re: Referral from the Board of Aldermen on proposed, R-21-136 — Authorizing Developer Agreement with
payment in lieu of taxes (PILOT) for Bronstein Redevelopment

From: Matt Sullivan, Planning Manager
Re: Referral from the Board of Aldermen on proposed, R-21-144 — Authorizing the purchase of property
located at “L” Pine Street (Map 77, Lot 5)

From: Matt Sullivan, Planning Manager
Re: Referral R-21-145 AND Amendments to approved FY2022 Capital Improvement Program (CIP)

There being no objection, President Wilshire suspended the rules to allow for three communications
that was received after the agenda was prepared.

From: Lisa M. Fauteux, Director of Public Works
Re: Referral from Board of Aldermen - R-21-136

From: Steven A. Bolton, Corporation Counsel
Re: Board of Health Recommendations Regarding Face Covering

From: Dr. Stephanie Wolf-Rosenblum
Re: Ordinance O-21-065

There being no objection, President Wilshire accepted the communications and placed them on file.
PERIOD FOR PUBLIC COMMENT RELATIVE TO ITEMS EXPECTED TO BE ACTED UPON THIS EVENING
President Wilshire

Next is our period for public comment relative to items expected to be acted upon this evening. While it is not
on our Agenda for a second reading, | understand that there may be a motion on the mask ordinance, so | will
allow public comment on that this evening, during the first public comment period. So if you wish to speak, it is
a 3 minute limit. | see Alicia Houston name and address for the record, please.

Alicia Houston My name is Alesha Houston, | am Westwood Drive, Nashua, New Hampshire. Thank you
Aldermen and Alderwomen. My public comment this evening is simple. | am asking you to lift the City mask
mandate effective immediately upon voting. My reasoning for this is we will be losing much business in Nashua
as many have already been shopping elsewhere with the upcoming holiday weekend. Businesses are still
within their right to have a mask policy in place that is not something as a City that is in accordance with US
Code 21, Section 360 (inaudible) 3 E Ill Ill. Additionally, the continued mandate for facial coverings and
incentivizing of vaccinations to gain access to public buildings or events is discriminatory against those who
are protected under the Geneva Convention and Nuremburg Codes which the United States is signatory, that
includes Nashua, New Hampshire.

The Governor has lifted the mask mandate throughout the State which puts us behind the other cities and
towns further harming our local businesses and population. | am graciously asking that the removal of the
mask mandate be upheld and voted yes, an effective of midnight tonight, May 25". Also, if you would please
kindly check your email, there is a petition signed by a number of residents. That is a petition for the removal of
the mask mandate is it unconstitutional under the US Code 21.

President Wilshire

Alright next | have Beth?