Search

Board of Aldermen 05-25-2021 Page 9

Beth Scaer East Hobart Street. | am just would like to also ask for you to lift the mask mandate. This could be
the reward for people getting vaccinated. If you continue with the mask mandate, people are going to figure,
what the heck? Why bother? It makes it seem like the vaccines aren't really going to do us any good. So this
should be the reward for our long suffering and taking the vaccination. Our businesses really need the boost.
Thank you.

President Wilshire
Matthew Soleyn.

Matthew Soleyn My name is Matthew Soleyn, | live in Nashua at 5 (inaudible) Drive and | would like to ask the
Aldermen to please end the mandate to wear masks in Nashua. However, the bill that was presented should
be amended. | think that extending that until June 8" does not make any sense. We know that south
Massachusetts will be ending theirs on Friday, the rest of the State essentially has already ended that
mandate. | believe that the Legislation should be amended to basically end this requirement as soon as
Legislation is passed. There’s no need to delay it and that would align Nashua with the rest of New Hampshire
and also with what is being suggested by the CDC. Thanks everyone.

President Wilshire
Thank you. Paula Johnson.

Paula Johnson Good evening members of the Board of Aldermen. My name is Paula Johnson as we know, I’m
a member of the Board of Education. But | am speaking for myself tonight and it has nothing to do with the
Board so | want to make that perfectly clear. | am asking you to please drop the mask mandate and according
to Executive Order 74, I’d like to read that to the Board. It says and this is part of it, nothing in this order shall
be construed to prevent municipalities within the State of New Hampshire from enacting their own ordinances
related to wearing of masks or face cloth coverings that contain stricter provisions than contain within the
order. | wanted to put that in because | didn’t want anybody to say you left this out. This order shall not apply
to the following and this is very important, educators, students and staff within K through 12 schools, so we
missed the boat on that one. Any person with a medical condition or disability that prevents wearing a mask or
other face covering. That should have been — the first ordinance was correct, the second one you said that we
had to have a note. Any person consuming food or drink or sitting at a restaurant or table to eat or drink. Any
person engaged in physical strenuous physical activity - that would be students and also City workers. Any
person giving a religious, political, media, educational, cultural, musical or theatrical presentation or
performance for an audience. Any person who is deaf or hard of hearing and any person while communicating
with an individual who is deaf or hard of hearing or who has a disability, medical condition, or mental health
condition that makes communication with that individual while wearing a mask or face covering difficult. Any
person obtaining or providing a service that requires a temporary removal of the mask or face covering. Any
person asked to remove a mask or face covering to verify an identity for lawful purposes or any public safety
worker actively engaged in public safety roles and when a mask or face covering would seriously interfere in
the performance of the public safety.

Now this is the most important paragraph. Any person who declines to wear a mask or face covering because
of a medical, a development issue or difficulty breathing, now this is State supersedes City and we all know
that and Federal supersedes State and City, shall not be, shall not be required to produce documentation, | am
going to repeat that again, shall not be required to produce documentation or other evidence verifying the
condition. So when we the people go into a store and cannot wear a mask because of health reasons, this
killed it off, this is a document from the Governor, whether you like the Governor or not and | am not a fan of
the Governor. This is what the Governor wrote in Executive Order 74 and | believe that was in last March it
was January, this order shall remain in effect through January. So this is last year, this is last year, as a matter
of fact March 13, 2020. And | slipped, at that’s not like me to slip and not find things but what went on in the
school, | am asking that the City please lift this. Let our children be children and be able to breathe and enjoy
themselves and see people’s faces once again. Thank you very much for allowing me the time.

February 14, 2022 Page 2
20220214 Budget Increase Letter.docx

Remaining Scope Items

To complete our FY 2022 general engineering services scope and to maintain compliance
with the New Hampshire Solid Waste Rules, we still need to complete the following tasks:

= Prepare the Federal Greenhouse Gas Report;
= Prepare the Annual Air Emissions Inventory;

us Prepare the Annual NMOC Emission Rate Report;

=» Provide groundwater reporting services associated with the April Groundwater
Management Plan data transmittal;

«s Complete and submit monthly groundwater assessment/IRA status reports for the Phase
III leachate release including data QA/QC and data evaluation reports with figures as
appropriate;

s Prepare the Annual Waste Capacity Evaluation;

= Update the Financial Assurance Plan; and

=» Respond to general engineering requests.

As part of our general engineering task, the City recently requested that Sanborn Head

provide recommendations associated with the City’s current stormwater management

practices within the active landfill. As such, we will prepare a letter that: describes the
current practice; evaluates the factors impacting the effectiveness of managing runoff,
approximates the anticipated runoff rates and volumes; and provides recommendations on

how to better manage stormwater runoff moving forward. We recommend an allowance of
$15,000 for Sanborn Head to work collaboratively with the City on this matter.

Budget Adjustment

Sanborn Head recommends that the City budget $66,000 to complete the remaining scope
items in order to maintain compliance with the Solid Waste Rules. This budget adjustment is
broken down as follows:

a Air Permitting - $6,000

=» Groundwater Reporting - $35,000

a Financial Assurance Update - $5,000
= General Engineering - $20,000

The budget estimate is based on our Fiscal Year 2022 fee schedule with the City.

Acceptance

We understand that acceptance of this updated budget adjustment will be provided in a City
issued Purchase Order to Sanborn Head for these services.

SANBORN HEAD

Board of Aldermen 05-25-2021 Page 10
President Wilshire
Aaron Penkacik

Aaron Penkacik — Thank you Madam Chairman. My name is Aaron Penkacik, | live on Dow Road in Hollis,
New Hampshire. | am asking that this mask mandate which in and of itself violates State Law be lifted. | am
going to read a State Law here, it is a real short one, it is Section 354-A:16 which deals with public
accommodations. It says, equal access to public accommodations is a Civil Right. The opportunity for every
individual to have equal access to places of public accommodation without discrimination because of age, sex,
gender identity, race, creed, color, marital status, physical or mental disability or national origin is hereby
recognized and declared to be a Civil Right. That is existing State Law. I’ll say it again it is Section 354-A:16.
The ADA defines places of public accommodation as a private entity that owns, operates, leases or leases to a
place of public accommodation. Those places include a wide range of entities such as restaurants, hotels,
theaters, doctor’s offices, pharmacies, retail stores, museums, libraries, and the list goes on. You can look it
up, go look at the ADA web site. The key word in RSA 354-A:16 is creed. Creed means any system or
codification of belief or opinion. You can look that up as well, right? So if someone believes for religious
reasons, for any reason whatsoever, for health reasons as the previous woman just described, that they don’t
need to wear a mask, then they don’t have to according to the State Law which supersedes Nashua Board of
Aldermen’s authority, right. So you need to lift this illegal mandate now. And that’s all | have to say, thank you.

Alex Granok, MD Alright | live in Manchester, 290 North Street. | am the medical director for the Division of
Public Health and | work at both hospitals in Nashua as an infectious disease expert. From my Public Health
perspective | am going to respectfully ask that the mandate be left in place for public transportation, for medical
facilities where vulnerable people do not have the choice as to whether they may be sitting next to or in a room
with someone who is deciding not to mask for their own protection and to help the public. This is what we do |
think to keep each other safe and | think businesses should have the right to decide if people who are going to
patronize their business or work in their business should wear a mask to keep the rest of their patrons and
employees safe. Thank you.

President Wilshire
AJ Todd.

AJ Todd Yes hi. | am going to keep it simple. | support the lifting of the mask mandate effective immediately
and | want to state something straight from our Constitutions Article 34 Martial Law limited. No person can in
any case by subjected to Marshal Law or to any pains or penalties by virtue of that law except those employed
by the Army or Navy and except militia and acting service but by authority of the Legislature. And | mention
this specifically right here it says or to any pains or penalties. The fact of the matter is that | know for a fact
that there’s people on the Board itself that suffered pains and penalties from all the restrictions we have put on
this COVID-19 and our own children are suffering from having pains and penalties from COVID-19 restrictions
and | don’t support the wearing of these masks anymore. | support those that want to wear them on their own,
but | don’t think it is ethical and | think it’s highly unconstitutional for us to keep up this mask mandate. And
that’s all | have to say.

President Wilshire
Kara Cantwell?

Kara Cantwell Hi my name is Kara Cantwell, | live on Chatham Street in Nashua and | just want to add my
voice to the others tonight and ask you to please remove the mask mandate. | fully support those who need to
wear them for medical reasons or what not but it needs to be a choice and especially for our children in the
schools. They need to be able to make that choice to not wear them, again what the other lady had mentioned,
those who have health issues and of that nature, we need to be able to make this a choice. That is all | have to
say. Thank you so much.

Board of Aldermen 05-25-2021 Page 11
President Wilshire
Is there anyone else that wishes to give public comment?

Laurie Ortolano 41 Berkeley Street, | would like to support lifting the mandate, | have one quick question as |
scroll through the end of the Board packet. The Ordinance is attached to this and it has written in there that it
is in effect until 11:59 at night on June 8'". And | don’t know if it was written that way or that’s what you are
hoping to enforce. | just didn’t understand if that was pre-language that had already been put in. But | would
like to see it lifted and | would like to see it lifted unconditionally. Those who are uncomfortable about
removing their mask will certainly wear one and have the option to wear one. But | don’t think anyplace else
should require it. | Know if there’s a restaurant in Nashua that wants to keep it active, | wouldn't go to it. Today
| had lunch with an individual up in Manchester, | picked Manchester because they lifted the mandate and it
was really nice to walk into a restaurant and not have to worry about it. And | only saw one individual that was
wearing a mask in there in a pretty active place with indoor and outdoor seating. So | would like to see it lifted
unconditionally and those who certainly feel that they need the protection or feel more comfortable wearing a
mask can certainly do so. Thank you.

President Wilshire

| am going to call one more time for public comment. Matt you’ve already spoken right?

Matt Soleyn | did | just wanted to address something that somebody had brought up.

President Wilshire

OK, I'll give you one minutes.

Matt Soleyn Yes the just the gentleman brought up the suggestion to require it on public transit. | just want to
note that there is no need for the City to have an ordinance to do that. There’s a Federal requirement that is in
place until September 13"" that requires wearing a face covering on any public transit in the United States.
That’s all.

President Wilshire

Thank you. | am going to close public comment.

COMMUNICATIONS REQUIRING FINAL APPROVAL

From: Matt Sullivan, Planning Department Manager (on behalf of Conservation Commission)
Re: Authorization Request for $24,500 from the Board of Aldermen from the Conservation Fund
(#4080) to define and improve the Salmon Brook Trail section between Ingalls Street and Burke
Street within the Joyce Park Wildlife Sanctuary

There being no objection, President Wilshire accepted the communication and referred it to the Budget
Review Committee.

From: Linda Laflamme, Library Trustees Chairman
Re: Appointing and Alderman to the Strategic Planning Team

There being no objection, President Wilshire appointed Alderman Schmidt to the Strategic Planning
Team.

Board of Aldermen 05-25-2021 Page 12

From: Mayor Donchess
Re: Multi-Year Contract Award —- HOPWA (Housing Opportunities for Persons with AIDS) grant

MOTION BY ALDERMAN KLEE TO ACCEPT, PLACE ON FILE, AND AWARD A MULTI-YEAR
INDEPENDENT CONTRACT FOR ADMINISTERING HOUSING OPPORTUNITIES FOR PERSONS WITH
AIDS WITH HARBOR HOMES, INC. IN THE AMOUNT OF $1,396,732. FUNDING WILL BE THROUGH
DEPARTMENT: 171 COMMUNITY SERVICES; FUND: 55699 OTHER CONTRACT SERVICES, 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 15

Nay: 0
MOTION CARRIED

From: Mayor Donchess
Re: Contract in Excess of $1 Million Award — Transit Center Rehab Construction

MOTION BY ALDERWOMAN LU TO ACCEPT, PLACE ON FILE, AND AWARD A CONTRACT FOR THE
CONSTRUCTION WORK AT THE TRANSIT CENTER AND THE ADJACENT PAVEMENT AND SITE WORK
TO D.L. KING & ASSOCIATES IN THE AMOUNT OF $1,129,710. FUNDING WILL BE THROUGH
DEPARTMENT: 186 TRANSPORTATION; FUND: 81650 LAND IMPROVEMENTS AND 54210 LEAD
HAZARD REMEDIATION, 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 15

Nay: 0

MOTION CARRIED

28,

23.

30.

31.

32.

33.

THIRD PARTY INTERESTS AND LIABILITIES. The City and Contractor, including any of their respective
agenis or employees, shal! not be liable to third parties for any act or omission of the other party.
This contract is not intended to create any rights, powers, or interest in any third party, and this
agreement is entered into for the exclusive benefit of the City and Contractor.

SURVIVAL OF RIGHTS AND OBLIGATIONS. The rights and obligations of ihe parties that by their nature
survive termination or completion of this contract shall remain in full force and effect.

SEVERABILITY. In the event that any provision of this contract is rendered invalid or unenforceable by
any valid act of Congress or of the New Hampshire tegislature or any court of competent jurisdiction,
or is found to be in violation of state statutes or regulations, the invalidity or unenforceability of any
particular provision of this contract shall not affect any other provision, the contract shall be construed
as if such invalid or unenforceable provisions were omitted, and the parties may renegotiate the
invalid or unenforceable provisions for sole purpose of rectifying the invalidity or unenforceability.

MODIFICATION OF CONTRACT AND ENTIRE AGREEMENT. This contract constitutes the entire contract
between the City and Contractor. The parties shall not be bound by or be fiable for any statement,
representation, promise, inducement, or understanding of any kind or nature not set forth in this
contract. No changes, amendmenis, or modifications of any terms or conditions of the contract shall
be valid unless reduced to writing and signed by both parties.

CHOICE OF LaW AND VENUE. This contract shall be governed exclusively by ihe laws of the State of
New Hampshire and any claim or action broughi relating to this contract, the work performed or
contracted ic be performed thereunder, or referable in anyway thereto shall be brought in
Hillsborough County (New Hampshire) Superior Court Southern Judicial District or in the New
Hampshire 9th Circuit Cour-—Nashua and not elsewhere.

UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES AND AUDIT REQUIREMENTS FOR FEDERAL
Awarpbs. This Coniract is funded by federal dollars and subject to 2 CFR Part 200. At a minimum,
the following Coniract Provisions of 2 CFR 200.326 (Appendix {]) apply:

= Clean Air Act (42 U.S.C. 7401-787 %q.) and the Federal Water Pollution Control Act (33 U.S.C.
1251-1387), as amended—Contracts and subgrants of amounts in excess of $150,000 must
contain a provision that requires the non-Federal award to agree to comply with all applicable
standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-767 1q) and
the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387), Violations must be
reported to the Federal awarding agency and the Regional Office of the Environmental Protection
Agency (EPA}.

» Debarment and Suspension (Executive Orders 12549 and 12689}—A contract award (see 2 CFR
180,220) must not be made to parties listed on the government wide exclusions in the System for
Award Management {SAM}, in accordance with the OMB guidelines at 2 CFR 180 that implement
Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR pari 1989 Comp.,
p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred,
suspended, or otherwise excluded by agencies, as well as parties declared ineligible under
statutory or regulatory authority other than Executive Order 12549. [The Contractor must register
with SAM.gov prior to executing this Contract];

* Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or bid for an award
exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it
will not and has not used Federal appropriated funds to pay any person or organization for
influencing or attempting to influence an officer or employee of any agency, a member of
Congress, officer or employee of Congress, or an employee of a member of Congress in
connection with obtaining any Federal contraci, grant or any other award covered by 31 U.S.C.
1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in
connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up
to the non-Federal award.

Page 13 of 17

EXHIBIT B - SCOPE OF SERVICES
TO THE CONTRACT BETWEEN THE CITY OF NASHUA
AND
PROLIFIC PROPERTY MANAGEMENT
DBA ALCHEMY LEAD MANAGEMENT

1. General Requirements

4.1

1.2

4.3

1.4

1.5

Inspections, testing and sampling shall comply with all applicable federal, state and local laws,
rules, regulations and guidelines. Specifically, Title X Section 1017, the current HUD Guidelines,
OLHCHH Program Policy 2017-01 (hitps:/Awww.hud.gov/program offices/healthy homes/lbp/pg),
and federal, state regulations. Others include: OSHA 29 CFR 1926, Construction industry
Standards: 24 CFR Part 35, U.S. Department of Housing and Urban Development's Lead-Based
Paint Poisoning Prevention in Certain Residential Structures; 40 CFR Part 745, Environmental
Protection Agency's Lead Hazard Standards Rule; and the New Hampshire Code of
Administrative Rules, Chapter He-P 1800. In situations where the requlations differ, whichever is
the more stringent shall be followed.

Trained and Certified Professionals

All activities must be conducted by persons qualified and licensed to perform the activities
according to applicable federal, state and local requirements. Contractor must be registered in the
Sysiem for Award Management (SAM.gov}, with no adverse history.

Scheduling

inspector/Risk Assessor must contact the owner within 24 hours following notification from the

Program that a property is approved for an initial LIRA.

e The Program expects the LIRA will occur NO LATER THAN 1 WEEK FROM THE
NOTIFICATION OF INSPECTION WORK ORDER. Work order will be issued by email.

e The Program staff thai notifies the Contracior of the Work Order, must be notified as soon as
the LIRA is scheduled. Program staif will attend in order to conduct healthy homes
assessments and conduct a visual in order to later create the cost estimate/scope of work.
Ensuring City staff are present for the LIRA is essential, as it reduces the burden and
intrusion to occupied units.

Laboratory Analysis
All laboratory analysis must be performed by an EPA accredited laboratary

Test Results

e Lead paint inspection and risk assessment reports must be provided electronically {i.e. email
or cloud share} to the LP & HH Program within (ten) 10 calendar days following compietion of
the Initial Report and Clearance Report.

e (lfthe report(s) are not received within 10 calendar days, a fee of $100/day will be assessed
and deducted from the negotiated cost for each day the report is late.

« A Statement regarding the property owner's responsibility of disclosure must be included in
the report. The City will provide the LIRA and statement to the owner.

Page 14 of 17

1.6 Insurance
« General Liability: $1,000,000 per occurrence; $2,000,000 aggregate
« Automobile Liability: $41,000,000 Combined single limit
« Workers’ Compensation as required by siatute/Empioyer's Liability of
$100,000/$500,000/$1 000,000
« Professional Liability: $7,000,000

Page 15 of 17

2. Evaluation & Clearance Requirements

2.1 A New Hampshire licensed risk assessor shall performa combination lead-based paint
inspection/risk assessment using an XRF analyzer, of all interior and exterior coated components
and surfaces in compliance with all applicable local, state and federal rules and guidelines. The
risk assessment shall include taking soil samples as required. if the soil is not accessible at the
time of initial assessment, samples shall be taken later at no additional cost to the Program.
Dust wipes taken as part of risk assessment musi be provided with the report. Total cost for a
combined lead paint inspection/risk assessment shall be per unit and include commen area
testing.

2.2 A New Hampshire licensed risk assessor shall perform clearance examinations, following the
completion of all required lead hazard reduction, in compliance with all applicable local, siate and
federal rules and quidelines. Clearance fees shall be separated between a first-time clearance
and clearance after failures. Contractors will be instructed io prepare common areas for
clearance at the time of a unit clearance to reduce the number of visits required by the Risk
Assessor. "Next Day” analysis is required for dust wipe samples taken at the first clearance visit.

2.3 Clearances — After Failure
Clearance inspections after a failed visual inspection or failed dust-wipe samples must be given
priority and be performed within 24 hours of notification of such failure. if the unit is occupied,
generally “same day” samples are required after a failed visual clearance and/or failed dust wipe
samples. If a unit is vacant, the Program may authorize “next day” analysis. Provide copies of
laboratory reports to LP & HH Program.

2.5 Additional Site Visits
From time to time, additional site visits may be performed. These visits must be approved in
advance and in writing (email) by Program siaff. A fee may be billed if the visit is required to
clarify or approve a matter demanding attention that cannot be resolved in a scheduled inspection
visit. Examples include, but are not limited to:

1. Client failure to make property accessible
2. Visual clearance of soil remediation
3. Failure of contractor to prepare common areas for clearance at time of a unit clearance

Note: A Site Visit required due to a questionable inspection report or to clarify information in the report
that is not clear ARE NOT billable site visits.

3. Compensation and Method of Payment

3.1 Basis for Payment
Payments made to the Risk Assessor/Inspecior shall be supported by bills or invoices, which
include the property address, the date and description of services. The invoices shall be signed
and certified by the Risk Assessor/Inspection that the work performed has been undertaken and
completed in accordance with the Scope of Services and terms of this Contract. Payments will be
processed following completed services as approved by the LP & HH Pregram and made in
accordance with ihe City's payment schedule. The City currenily issues payments weekly.

3.2 Compensation
Compensation shail be in accordance with the fees listed below; see table on next page:

Page 16 of 17

Service Description Pe or Per wipe ee
Combined initial Lead Paint Inspection & Risk Assessment (including wipe 10 @ $15
sample, Upio 15 per unit, including common areas) $395.00 | _ $150.00 $545.00
Risk Assessment Dust Wipe Samples (over 15/unit) $15.00 $15.06
Compost Soil Samples / up io 4 composite samples per property, as part of
the initial LIRA $15.00 | $15.00
Composite Soil Samples in excess of 4 per property $15.00 | $15.00
Preliminary Clearance Inspection {to verify removal of components and/or
application of surface coating) $210.00 $270.00
Final Clearance inspection (upon completion of all lead hazard reduction $232.00 18 @ $15 $502.00
activities including final wipe samples with next day results) . = $270.00 ,
Clearance Inspections following visual failure — including Next day results $210.00 $210.00
Wipe samples with “Same Day” results following failure of Final Clearance $60.00 $60.00
Dust Wipes , ,
Wipe samples with “Next Day” results following failure of Final Clearance
Dust Wipes $15.00 | $15.00
Additional Site Visits required in addition to the activities listed above, i.e.
unable to access property, soil clearance, final exterior visual aiter winter $210.00 $210.00

snow melt, etc, (requires written authorization to be eligible for billing)

4, Period of Performance

No expenses incurred prior to the date of this agreement shall be reimbursed. The Contractor

agrees that the funded activity shall be completed by July 3, 2024.

Page 17 of 7