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Board of Aldermen 05-25-2021 Page 16

From: Mayor Donchess
Re: Multi-Year Contract Award — Recycling: Scrap Metal

MOTION BY ALDERMAN O’BRIEN TO ACCEPT, PLACE ON FILE, AND APPROVE A THREE YEAR
CONTRACT BETWEEN THE CITY OF NASHUA AND WINDFIELD ALLOY, INC., OF ATKINSON, NH, FOR
THE RECYCLING OF SCRAP METAL AT THE FOUR HILLS LANDFILL. THE TERM OF THIS CONTRACT
WILL BE FROM JULY 1, 2021 THROUGH JUNE 30, 2024, PENDING APPROVAL OF THE FY22
OPERATING BUDGET. REVENUE GENERATED THROUGH THIS CONTRACT WILL BE DIRECTED TO
DEPARTMENT: 168 SOLID WASTE; FUND: SOLID WASTE; ACCOUNT CLASSIFICATION: 44 CHARGES
FOR 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: Multi-Year Contract Award — Recycling: Electronic Waste

MOTION BY ALDERWOMAN LU TO ACCEPT, PLACE ON FILE, AND APPROVE A THREE YEAR
CONTRACT BETWEEN THE CITY OF NASHUA AND NORTH COAST SERVICES, LLC, OF CONCORD,
NH, FOR THE PROCESSING AND DISPOSAL OF ELECTRONIC WASTE FROM THE NASHUA
RECYCLING CENTER AT AN ANNUAL COST NOT EXCEED $75,000 ($225,000 TOTAL AMOUNT),
PENDING APPROVAL OF THE FY22 OPERATING BUDGET. THE TERM OF THIS CONTRACT WILL BE
JULY 1, 2021 THROUGH JUNE 30, 2024. FUNDING WILL BE THROUGH DEPARTMENT: 168 SOLID
WASTE; FUND: SOLID WASTE; ACCOUNT CLASSIFICATION: 55 OTHER CONTRACTED 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: Larry D. Goodhue, Chief Executive Officer, Pennichuck Corporation
Re: Pennichuck East Utility, Inc. - Request for Approval of Term Loan with Co-Bank, ACB

There being no objection, President Wilshire accepted the communication and referred it to the
Pennichuck Special Water Committee.

Board of Aldermen 05-25-2021 Page 17
PETITIONS

Petition for Street Discontinuance — (Old) Groton Road
MOTION BY ALDERMAN JETTE TO ACCEPT THE PETITION FOR STREET DISCONTINUANCE - (OLD)
GROTON ROAD AS READ, REFER IT TO THE COMMITTEE ON INFRASTRUCTURE, NASHUA CITY
PLANNING BOARD and THAT A SPECIAL BOARD OF ALDERMEN PUBLIC HEARING BE SCHEDULED
FOR WEDNESDAY, JUNE 23, 2021, AT 7:00 P.M., 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
NOMINATIONS, APPOINTMENTS AND ELECTIONS
The following appointment by the Mayor was read into the record:

Planning Board

Mark Meehan (new appointment) Term to Expire: May 31, 2024
65 Walden Pond Drive
Nashua, NH 03064

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

REPORTS OF COMMITTEE
Huma Affairs Committee... 00... ccc eee cee cece vee ter eee teravevetererenenaeeturaennnenes 05/10/2021

There being no objection, President Wilshire declared the report of the May 10, 2021 Human Affairs
Committee accepted and placed on file.

Committee on Infrastructure... 2.0.0. .0. ccc ce cee cee ece cer ere cee eeevattererettrateterterereterereeteersee 05/12/2021

There being no objection, President Wilshire declared the report of the May 12, 2021 Committee on
Infrastructure accepted and placed on file.

Substandard Living Conditions Special Committee ......... 00... cee eects tee eeeaee sees 05/13/2021

There being no objection, President Wilshire declared the report of the May 13, 2021 Substandard Living
Conditions Special Committee accepted and placed on file.

Budget Review Committee ...........0 ccc cece cee cee cee cee ee teense eee tee tienes teetette etree eee see 09/17/2021

There being no objection, President Wilshire declared the report of the May 17, 2021 Budget Review
Committee accepted and placed on file.

Board of Aldermen 05-25-2021 Page 18
Planning and Economic Development Committee... 0.2.0.0... 0.0 cteeeeeteeeeeeeeeeese 05/18/2021

There being no objection, President Wilshire declared the report of the May 18, 2021 Planning an Economic
Development Committee accepted and placed on file.

Finance Committee... 0... cece ccc cee cee c ee cee cee eee setts ter seeeee teste tetettatettrateterersereeee 05/19/2021

There being no objection, President Wilshire declared the report of the May 19, 2021 Finance Committee
accepted and placed on file.

There being no objection, President Wilshire suspended the rules to allow for the oral report of the
Budget Review Committee meeting held Monday, May 24, 2021, regarding proposed Resolution
R-21-132.

Alderman Dowd gave an oral report of the Budget Review Committee meeting of May 24, 2021 with respect to
Resolution R-21-132.

Alderman Dowd

Yes last evening we had the first in Chamber Committee Meeting, trying to get back in the Chamber one step at
atime. It worked fairly well, we had a couple of minor glitches, but it was OK. And the Budget Meetings will be
in the Chamber from here on out. The public, we went over the Public Health Department but we also went
over R-21-132 which is an agreement with the Police Unions relative to a health incentive and it is coming up
later in a motion and Deputy Chief Testaverde is here if there are any questions.

President Wilshire

Thank you Alderman Dowd.

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

R-21-130
Endorsers: Mayor Jim Donchess
Alderman-at-Large Michael B. O’Brien, Sr.
Alderman Patricia Klee
Alderwoman-at-Large Shoshanna Kelly
Alderman Jan Schmidt
Alderman June M. Caron
Alderman Thomas Lopez
Alderman Richard A. Dowd
Alderman Linda Harriott-Gathright
Alderman-at-Large Lori Wilshire
RELATIVE TO THE ACCEPTANCE AND APPROPRIATION OF UP TO $220,000 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 ALDERWOMAN KELLY FOR FINAL PASSAGE OF R-21-130, BY ROLL CALL

Board of Aldermen 05-25-2021 Page 19

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
Resolution R-21-130 declared duly adopted.

R-21-132
Endorsers: Alderman-at-Large Lori Wilshire
Alderman Richard A. Dowd
Alderman Jan Schmidt
Alderman Linda Harriott-Gathright
Alderman-at-Large Michael B. O’Brien, Sr.
Alderman-at-Large Ben Clemons
Alderman Patricia Klee
Alderwoman Elizabeth Lu
Alderman-at-Large Brandon Michael Laws
APPROVING THE COST ITEMS OF SIDEBAR AGREEMENTS BETWEEN THE NASHUA POLICE
COMMISSION AND THE NASHUA POLICE SUPERVISOR’S ASSOCIATION AND THE NASHUA
POLICE COMMISSION AND THE NASHUA POLICE PATROLMAN’S ASSOCIATION REGARDING A
WELLNESS INCENTIVE PROGRAM
Given its second reading;

MOTION BY ALDERMAN DOWD FOR FINAL PASSAGE OF R-21-132, BY ROLL CALL

ON THE QUESTION

Alderman Dowd

And I'd like to talk to it.

President Wilshire

Alderman Dowd?

Alderman Dowd

Yes last night this was unanimously approved at the Budget Committee. Deputy Chief Testaverde had come
in and given an explanation. What this does, is it is a wellness program that allows the Police Officers to get in
better shape, stay in better shape and if they pass certain requirements they will get some incentives. I’d like
to be able to have Deputy Testaverde give us a very quick overview and then if there are questions, | am sure

he will answer them. Deputy Testaverde?

Jim Testaverde, Deputy Police Chief

Thank you sir. Good evening everyone. Briefly, the State standard for physical fitness for Police Officers under
the Cooper Standard which is a national standard that has been around for decades is the 35" percentile is
abysmally low and embarrassing to say in public. That is the State Standard, that’s not the NPD Standard.

February 14, 2022 Page 3
20220214 Budget Increase Letter.docx

Thank you for the opportunity to be of continued service to the City. We look forward to
continuing to work with you on this project. Please contact us should you require additional
information.

Very truly yours,
SANBORN, HEAD & ASSOCIATES, INC.

Yur P.E. Eric S. Steinhauser, P.E., CPESC, CPSWQ
Project Manager Senior Vice President and Principal

EAG/ESS:eag

P:\3000s\3066.22\ Project Control\ Budget Increase\20220214 Budget Increase Letter.docx

SANBORN HEAD

Board of Aldermen 05-25-2021 Page 20

What we have proposed here is that if our officers, on a voluntary basis, when they take their annual physical
fitness test wish to take the incentive program and can score at an 80" percentile or higher, they would get a
wellness day off; or the 90" percentile or higher, they would be entitled to two wellness days off. The benefit to
the days off are 1) they cannot take them on any major holidays and 2) they can be denied by administration if
they incur overtime. And as | said before, it is totally on a voluntary basis but wellness promotes good physical
health, promotes good mental health, promotes longevity and retention in this field and also cuts down on
absenteeism. I'll entertain any questions or can go into more depth if anyone would like.

President Wilshire

Does anyone have questions? | don’t see anyone.
Deputy Chief Testaverde

Thank you.

Chairman Dowd

Thanks Deputy Chief.

President Wilshire

The motion before us is for final passage of Resolution 21-132. If there’s no further discussion, would the
Clerk please call the roll?

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
Resolution R-21-132 declared duly adopted.

R-21-134
Endorsers: Mayor Jim Donchess
Alderman Richard A. Dowd
Alderman-at-Large Michael B. O’Brien, Sr.
Alderman Linda Harriott-Gathright
Alderman-at-Large Lori Wilshire
RELATIVE TO THE SUPPLEMENTAL APPROPRIATION OF $30,000 OF UNANTICIPATED REVENUE
INTO DEPARTMENT #160 “PUBLIC WORKS ADMINISTRATION & ENGINEERING”
Given its second reading;

MOTION BY ALDERMAN O’BRIEN FOR FINAL PASSAGE OF R-21-134, BY ROLL CALL

Board of Aldermen 05-25-2021 Page 21

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
Resolution R-21-134 declared duly adopted.

R-21-135
Endorser: Mayor Jim Donchess
AUTHORIZING A FIRST AMENDMENT TO PURCHASE AND SALE AGREEMENT FOR REAL
PROPERTY LOCATED AT 141-143 BURKE STREET (MAP 11, LOT 158)
Given its second reading;

MOTION BY ALDERMAN TENCZA FOR FINAL PASSAGE OF R-21-135, 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
Resolution R-21-135 declared duly adopted.

R-21-136
Endorsers: Mayor Jim Donchess
Alderman-at-Large Lori Wilshire
Alderman-at-Large Michael B. O’Brien, Sr.
Alderman Jan Schmidt
Alderman Patricia Klee
Alderman Linda Harriott-Gathright
Alderman-at-Large Lori Wilshire
AUTHORIZING DEVELOPER AGREEMENT WITH PAYMENT IN LIEU OF TAXES (PILOT) FOR
BRONSTEIN REDEVELOPMENT
Given its second reading;

MOTION BY ALDERMAN SCHMIDT FOR FINAL PASSAGE OF R-21-136, BY ROLL CALL

Board of Aldermen 05-25-2021 Page 22

ON THE QUESTION
President Wilshire

| would also just like to note that there was a favorable recommendation on this Resolution from the Board of
Public Works. Is there discussion on the motion for final passage? Seeing none, would the Clerk please call
the roll?

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
Resolution R-21-136 declared duly adopted.

R-21-140
Endorsers: Mayor Jim Donchess
Alderman Richard A. Dowd
Alderman-at-Large Michael B. O’Brien, Sr.
Alderman Linda Harriott-Gathright
Alderman Skip Cleaver
Alderman Thomas Lopez
Alderwoman Elizabeth Lu
AUTHORIZING THE CITY OF NASHUA TO ENTER INTO A CONTRACT WITH THE TOWN OF
MERRIMACK FOR TRANSIT SERVICES
Given its second reading;

MOTION BY ALDERMAN HARRIOTT-GATHRIGHT FOR FINAL PASSAGE OF R-21-140, 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

Resolution R-21-140 declared duly adopted.

Board of Aldermen 05-25-2021 Page 23

R-21-144
Endorsers: Mayor Jim Donchess
Alderman Jan Schmidt
Alderman Richard A. Dowd
Alderman-at-Large Michael B. O’Brien, Sr.
Alderman Linda Harriott-Gathright
Alderman Thomas Lopez
Alderman-at-Large Lori Wilshire
AUTHORIZING THE PURCHASE OF PROPERTY LOCATED AT “L” PINE STREET (MAP 77, LOT 5)
Given its second reading;

MOTION BY ALDERMAN LOPEZ FOR FINAL PASSAGE OF R-21-144, BY ROLL CALL
ON THE QUESTION

President Wilshire

The motion is for final passage by roll call. Discussion that motion?

Alderman Jette

Thank you Madam Chairman. So this Resolution is regarding the land, it is located just south of the Nashua
River, north of the cove, kind of west of the mill yard property. And it has a radio antenna on it. So this was
reviewed by the Planning & Economic Development Committee, | think the Planning Board and maybe another
Committee who are all recommending final passage. It is a purchase and sale agreement. This Resolution
authorizes the Mayor to enter into a Purchase & Sale Agreement for the purchase of that land at a price of
$325,000.00. There’s a companion Resolution which is R-21-145 which has been referred to the Budget
Review Committee but there’s a Public Hearing scheduled for | think it is June 1°, next week regarding that.
That Resolution authorizes the transfer of $325,000.00 from bond money that was left over from the Broad
Street Parkway and repurposing it for this purpose.

It makes sense to me that rather than passing this tonight, we ought to wait until the public has an opportunity
to express any opinions it may have at the Public Hearing and then that the Budget Review Committee
reviews whether or not to recommend the transfer of the money. Then that would be ready for us to pass at
our next meeting which would be June 8. Until that happens, we don’t really have the money to pay for this
Purchase & Sale Agreement. | talked to Director Cummings and he said he would have no objection to
postponing this to allow for the Public Hearing and then take it up at our next meeting of June 8".

MOTION BY ALDERMAN JETTE TO POSTPONE THIS UNTIL THE NEXT BOARD OF ALDERMEN
MEETING OF JUNE 8, 2021 BY ROLL CALL

ON THE QUESTION

President Wilshire

Is that being seen as a motion to table Attorney Bolton?
Steve Bolton, Corporation Counsel

| think that would actually be classified as a motion to postpone to a time certain that is debatable but only as
to when the appropriate time is.

President Wilshire

OK discussion on that motion? Alderman Tencza.

Board of Aldermen 05-25-2021 Page 24

Alderman Tencza

Madam President, |’ll just say my recollection of discussion of this in Committee was that in going forward with
the Purchase & Sale it would allow the City to do some due diligence on the property now before the money
was approved. | don’t doubt that Alderman Jette had that conversation with Director Cummings, but we could
still pass this tonight. We would enter into the Purchase & Sale, I'll defer to Attorney Bolton or maybe ask
Attorney Bolton, | don’t believe there are any damages that the City would incur if for one reason or another we
had to pull out of the Purchase & Sale of this land in the future, correct?

Attorney Bolton

None that | know of, it’s always possible, but | don’t think it is a major concern. | think if the desire is to
purchase this property that can readily be accomplished, we are hardly down to our $300,000.00.

President Wilshire

So the motion is to postpone to our next meeting. Any further discussion on that motion. Seeing none would
the Clerk please call the roll?

A viva voce roll call was taken which resulted as follows:
Yea: Alderman Klee, Alderwoman Kelly,

Alderman Caron, Alderwoman Lu,
Alderman Jette, Alderman Laws,

6
Nay: Alderman O’Brien, Alderman Dowd, Alderman Clemons, Alderman Lopez,
Alderman Tencza, Alderman Schmidt, Alderman Cleaver,
Alderman Harriott-Gathright, Alderman Wilshire 9

MOTION FAILED
President Wilshire

The motion before us is for final passage. Is there more discussion on the motion for final passage? Seeing
none, would the Clerk please call the roll?

A viva voce roll call was taken which resulted as follows:
Yea: Alderman O’Brien, Alderman Klee, Alderman Dowd, Alderman Caron,
Alderman Clemons, Alderman Lopez, Alderman Tencza,
Alderman Schmidt, Alderman Laws, Alderman Cleaver,
Alderwoman Harriott-Gathright, Alderman Wilshire 12
Nay: Alderwoman Lu, Alderman Jette, Alderwoman Kelly 3
MOTION CARRIED
Resolution R-21-144 declared duly adopted.
President Wilshire

Can | ask who abstained from voting?