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Board of Aldermen 05-25-2021 Page 25

City Clerk Lovering

Alderwoman Kelly

President Wilshire

Can | ask why?

Alderwoman Kelly

| tried to ask a question and | was not recognized.
President Wilshire

You can’t abstain if you don’t have a conflict, I’m sorry | didn’t see you, you could have spoken up.
Alderwoman Kelly

I’m speaking up now.

President Wilshire

You can’t abstain if you are here.

Alderwoman Kelly

Then my vote is “no”.

President Wilshire

OK.

City Clerk Lovering

You have 12 yeas and 3 nays.

UNFINISHED BUSINESS — ORDINANCES

O-21-061
Endorsers: Alderman Thomas Lopez
Alderman Richard A. Dowd
Alderman Patricia Klee
CHANGING THE LOCATION OF THE HANDICAPPED PARKING SPACE ON WATER STREET
Given its second reading;

MOTION BY ALDERMAN LOPEZ TO AMEND O-21-061 BY REPLACING IT WITH THE GOLDENROD
COPY OF AMENDMENTS RECOMMENDED AT THE COMMITTEE ON INFRASTRUCTURE, BY ROLL
CALL

ON THE QUESTION

And I'd like to speak to it.

Board of Aldermen 05-25-2021 Page 26

President Wilshire

Alderman Lopez.

Alderman Lopez

So | don’t think there’s an actual goldenrod, | think we are all using digital here. But the gist of the changes
that we made and Alderman Jette can probably elaborate a little bit because he’s the one who spotted it. The
Legislation didn’t exactly target the space that needed to be moved so they were amending it after the meeting
in order to make sure that the correct space was being moved. There was the conclusion, however, that they
could move the space anyway, because we empowered the Mayor to make adjustments as needed due to the
downtown parking barriers. And the reason why this is particularly important is because we need to make sure
we opened up a space where it was needed by a restaurant that is opening. So Alderman Jette if you have
any comments on that you'd like to add?

Alderman Jette
If | may, Madam Chairman?
President Wilshire
Alderman Jette?
Alderman Jette
So during our discussion it was pointed out to us by the new owner of the Sub Zero Ice Cream Shop on the
corner of Water and Main Street that the handicap spots are actually on a severe incline. Alderman Lopez
also noted that that was not the best place for a handicap spot that it would be better to be a more level area.
And also Mr. McCabe from Sub Zero pointed out that there is a hydrant there. So if the space were put right in
front of the hydrant, the next space available beyond the 15 feet from the hydrant where you can’t park, it
would make the spot more accessible to people using that handicap spot. So that’s where we moved it to, it’s
the first spot east of the hydrant. Thank you.
President Wilshire
So the motion is to amend Ordinance 21-061. Is there further discussion on that motion?
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

Board of Aldermen 05-25-2021 Page 27
MOTION BY ALDERMAN LOPEZ FOR FINAL PASSAGE OF O-21-061 AS AMENDED, 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
Ordinance O-21-061 declared duly adopted as amended.

NEW BUSINESS — RESOLUTIONS

R-21-146
Endorser: Alderman-at-Large Lori Wilshire
Alderman Richard A. Dowd
Alderman Skip Cleaver
Alderman Patricia Klee
Alderman-at-Large Michael B. O’Brien, Sr.
Alderman Linda Harriott-Gathright
AUTHORIZING PENNICHUCK CORPORATION AND PENNICHUCK EAST UTILITY, INC. TO ENTER
INTO A TERM LOAN WITH COBANK, ACB
Given its first reading; assigned to the PENNICHUCK SPECIAL WATER COMMITTEE, by President Wilshire

R-21-147
Endorsers: Alderman Ernest Jette
Alderman Patricia Klee
Alderwoman Elizabeth Lu
Alderman Linda Harriott-Gathright
Alderwoman Elizabeth Lu

AUTHORIZING THE CONVEYANCE OF DISCONTINUED PORTIONS OF (OLD) GROTON ROAD

Given its first reading; assigned to the COMMITTEE ON INFRASTRUCTURE, NASHUA PLANNING BOARD,
and SCHEUDLE A SPECIAL BOARD OF ALDERMEN PUBLIC HEARING ON WEDNESDAY, JUNE 23, 2021,
AT 7:00 P.M., by President Wilshire

Alderman Dowd

Yes, I’d like to suspend the rules as to introduce a first reading of Ordinance R-21-148 that | received this
afternoon from Legal. | will read the — | think everyone was sent a copy. If you’d like | can read it and then talk
to it.

President Wilshire

Sure.

MOTION BY ALDERMAN DOWD TO SUSPEND THE RULES TO ALLOW FOR A FIRST READING OF R-
21-148 BY ROLL CALL

Board of Aldermen 05-25-2021 Page 28
ON THE QUESTION
Alderman Dowd

So the Resolution is R-21-148, Authorizing the acquisition of a portion of property at 44 Buck Meadow Road,
Tax Map C, Lot 25, City of Nashua. In the year 2021 resolved by the Board of Aldermen of the City of Nashua
that the Mayor is authorized to purchase a portion of the property located at 44 Buck Meadow Road, Tax Map
C, Lot 25, shown as the area of acquisition on the attached plan for consideration on terms to be mutually
agreed upon by the City and the sellers. Further resolved by the Board of Aldermen of the City of Nashua that
the Mayor will assist the Office of Corporation Counsel and is authorized to prepare and execute all necessary
documents related to such purchase. Funds for the new purchase will come from Fund 5800, School Capital
Project Fund, Project New Middle School, Account 81600 Land.

The analysis reads, This Resolution would authorize the City to acquire a portion of the property at 44 Buck
Meadow Road for consideration and on terms to be negotiated with the sellers. This is the same parcel which
is before the Board on Petition for Street Layout in a parallel process to the Layout Petition the City reached
out to the owners of the parcel in an attempt to negotiate a direct purchase in lieu of taking for the land
necessary for the new road. This Legislation authorizes such a direct purchase on terms to be mutually
agreed upon and approved by the Board of Aldermen. Funds for the purchase will come from Fund 5800
School Capital Projects Fund, New Middle School Account 81600 Land. Chapter 77 provides the Planning
Board will review and make recommendations to the Mayor and the Board of Aldermen on the purchase and
the sale of any land on the City.

We have had unexpected successful negotiations with the owners of this property. This is the last little piece
that connect the land that we bought previously with the school property. It’s a very small lot and we weren’t
sure whether we would be successful in purchasing it but it looks like we are at a very reasonable price and we
have a meeting with them tomorrow. Attorney Leonard suggested that we get this in front of the Board for its
first reading. We are not passing anything tonight, we are not authorizing anything tonight. | am going to
presume that the President will send it to Infrastructure and to the Planning Board where we will get

recommendations back. By the time it goes to Infrastructure we will have all of the details. If anybody has any
questions | could address them.

President Wilshire
Well the motion is to suspend the rules.
Alderman Dowd
OK.
President Wilshire
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

Board of Aldermen 05-25-2021 Page 29

R-21-148
Endorsers: Alderman Richard A. Dowd

Alderman Thomas Lopez
Alderman-at-Large Michael B. O’Brien, Sr.
Alderman Jan Schmidt
Alderman-at-Large Ben Clemons
Alderman Linda Harriott-Gathright
Alderman Skip Cleaver
Alderman Patricia Klee
Alderwoman-at-Large Shoshanna Kelly
Alderman-at-Large Brandon Michael Laws

AUTHORIZING THE ACQUISITION OF A PORTION OF PROPERTY AT 44 BUCKMEADOW ROAD, TAX

MAP C, LOT 25

Given its first reading; assigned to the COMMITTEE ON INFRASTRUCTURE and PLANNING BOARD

NEW BUSINESS — ORDINANCES

O-21-064
Endorser: Aldermen Thomas Lopez
Alderman-at-Large Ben Clemons
Alderman Richard A. Dowd
Alderman Jan Schmidt
Alderman Patricia Klee
Alderwoman Elizabeth Lu
Alderman Linda Harriott-Gathright
Alderman Skip Cleaver
AUTHORIZING A “POLICE PARKING ONLY” PARKING SPACE ON ASH STREET
Given its first reading; assigned to the COMMITTEE ON INFRASTRUCTURE, by President Wilshire

O-21-065
Endorsers: Alderman-at-Large Ben Clemons
Alderman-at-Large Brandon Michael Laws
Alderman Richard A. Dowd
Alderman Jan Schmidt
Alderman Linda Harriott-Gathright
Alderman-at-Large David C. Tencza
Alderman Patricia Klee
Alderman Tom Lopez
Alderman-at-Large Michael B. O’Brien, Sr.
Alderwoman Elizabeth Lu
Alderwoman-at-Large Shoshanna Kelly
RESCINDING THE FACE COVERING ORDINANCES

Board of Aldermen Page 9
November 9, 2016

MOTION BY ALDERMAN DOWD TO REFER O-16-011 TO THE BUDGET REVIEW COMMITTEE
MOTION CARRIED

O-16-018
Endorser: Alderman June M. Caron
ESTABLISHING TWO FIFTEEN MINUTE PARKING TIME LIMIT ZONES ON PORTIONS OF
ARLINGTON STREET AND GILLIS STREET

Given its second reading;

MOTION BY ALDERMAN CARON FOR FINAL PASSAGE OF O-16-018
ON THE QUESTION
Alderman Caron

These parking spaces are to take place in front of the corner store that is on Arlington Street. What’s
happening is that some of the neighbors are parking their vehicles on Arlington Street all day and the
customers don’t have anywhere to park. They used to have a couple of spots for 10 or 15 minutes and for
some reason they went away so they have asked to get at least two spots in front of their store.

MOTION CARRIED
Ordinance O-16-018 declared duly adopted.
NEW BUSINESS — RESOLUTIONS

R-16-077
Endorser: Alderman Richard A. Dowd
Alderman-at-Large Lori Wilshire
APPROVING THE COST ITEMS OF A COLLECTIVE BARGAINING AGREEMENT BETWEEN THE
NASHUA BOARD OF EDUCATION AND THE NASHUA TEACHERS’ UNION, LOCAL 1044, AFT,
AFL-CIO FROM SEPTEMBER 1, 2016 THROUGH AUGUST 31, 2017 AND RELATED TRANSFERS
Given its first reading; assigned to the BUDGET REVIEW COMMITTEE by President McCarthy

R-16-078
Endorsers: Mayor Jim Donchess
Alderwoman Mary Ann Melizzi-Golja
Alderman-at-Large Lori Wilshire
Alderman Richard A. Dowd
Alderman June M. Caron
Alderman-at-Large Michael B. O’Brien
Alderman Ken Siegel
RELATIVE TO THE ACCEPTANCE AND APPROPRIATION OF $87,573 FROM THE STATE OF
NEW HAMPSHIRE, DEPARTMENT OF SAFETY “STATE HOMELAND SECURITY GRANT
PROGRAM” INTO FIRE GRANT ACTIVITY “2016 HAZMAT WIDE AREA MONITORING”
Given its first reading; assigned to the HUMAN AFFAIRS COMMITTEE by President McCarthy

REPORT OF THE FINANCE COMMITTEE
FEBRUARY 16, 2022

A meeting of the Finance Committee was held on Wednesday, February 16, 2022, at 7:00 p.m. in the Aldermanic
Chamber and via Zoom. The meeting link information can be found on the agenda.

Mayor Jim Donchess, Chairman, presided.

Members of the Committee present: Mayor Jim Donchess
Alderman Patricia Klee, Vice Chair
Alderman Alex Comeau (via Zoom)
Alderman Tyler Gouveia
Alderman-at-Large Ben Clemons
Alderwoman-at-Large Gloria Timmons
Alderman-at-Large Melbourne Moran, Jr. (via Zoom)

Members not in Attendance:

Also in Attendance: Alderman Derek Thibeault
John Griffin, CFO/Treasurer/Tax Collector
Kim Kleiner, Administrative Services Director
Kelly Parkinson, Purchasing Manager
Robert Page, Police Captain
James Kirk, Deputy Fire Chief
Nick Miseirvitch, ClO, Information Technology
Tim Cummings, Economic Development Director

PUBLIC COMMENT - None

COMMUNICATIONS

From: Kelly Parkinson, Purchasing Manager
Re: HVAC Project Change Order #1 in the amount not to exceed $25,840.39 funded from 81200 Buildings &
Improvements (Police Department)

MOTION BY ALDERMAN GOUVEIA TO ACCEPT, PLACE ON FILE AND APPROVE CHANGE ORDER #1 TO
UPDATE REQUIREMENTS FOR THE HVAC UPGRADE AT THE NASHUA POLICE DEPARTMENT WITH
TURNSTONE CORPORATION IN AN AMOUNT NOT TO EXCEED $25,840.39. FUNDING THROUGH DEPARTMENT:
150 POLICE DEPARTMENT; FUND: 81200 BUILDINGS & IMPROVEMENTS, BY ROLL CALL

ON THE QUESTION

Police Captain Robert Page

Good evening. | apologize if you can’t see us. We seem to be having a problem with our camera. | hope everybody can
hear us.

Mayor Donchess

Yes we can hear you fine.

Police Captain Robert Page

Okay, great.

Mayor Donchess

So could you tell us about the change order in the HVAC project?

Board of Aldermen 05-25-2021 Page 30

MOTION BY ALDERMAN CLEMONS TO SUSPEND THE RULES TO ALLOW FOR A SECOND READING
OF ORDINANCE 21-065 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

O-21-065
Endorsers: Alderman-at-Large Ben Clemons
Alderman-at-Large Brandon Michael Laws
Alderman Richard A. Dowd
Alderman Jan Schmidt
Alderman Linda Harriott-Gathright
Alderman-at-Large David C. Tencza
Alderman Patricia Klee
Alderman Tom Lopez
Alderman-at-Large Michael B. O’Brien, Sr.
Alderwoman Elizabeth Lu
Alderwoman-at-Large Shoshanna Kelly
RESCINDING THE FACE COVERING ORDINANCES

MOTION BY ALDERMAN CLEMONS TO AMEND ORDINANCE 21-065 TO MAKE THE RECISION
EFFECTIVE 12:01 MAY 285, 2021

ON THE QUESTION

Alderman Clemons

And | would like to speak to that.

President Wilshire

OK, Alderman Clemons.

Alderman Clemons

Thank you. So when | put this Ordinance in | had anticipated, | actually put this in after the CDC had
recommended that those who are vaccinated no longer needed to wear a face mask in public. It was only after
the fact that our Health Department here in Nashua made a similar recommendation. And so with that, with
those two things being said...

(Interference / background noise)

President Wilshire

Someone needs to mute please, whoever is not speaking needs to mute.

Board of Aldermen 05-25-2021 Page 31
Alderman Clemons

So with that being said, | think it is appropriate for us to move up the timeline than even from what | had
originally propose to be effective as of tomorrow. So that’s why | make that motion to amend.

President Wilshire

OK, discussion on the motion? Alderman Dowd.
Alderman Dowd

Yes I’d like, is this on the amendment.

President Wilshire

Yes.

Alderman Dowd

MOTION BY ALDERMAN DOWD TO FURTHER AMEND O-21-065 TO ADD THE COMMENTS FROM THE
LEGAL DEPARTMENT TO MAKE IN ACCORDANCE WITH BOARD OF HEALTH RECOMMENDATIONS
AS FOLLOWS BY ROLL CALL

I’d like to further amend the Ordinance to change, to put in the comments that we received from Legal
today to make it in accordance with what we received from the Board of Public Health. And | am still in
favor of the mask mandate coming off. But I'd like to read it. | said | would like to amend Ordinance O-
20-065 by replacing the last paragraph with the following: Now therefore the City of Nashua ordains
that O-20-018 and O-20-029 are hereby rescinded as of 11:59 and we can use the date that Alderman
Clemons just used. The following guidance by provided via the Ordinance to the citizens of Nashua. In
accordance with the interim Public Health Recommendations for fully vaccinated people established
by the Center for Disease Control and Prevention, members of the public who are fully vaccinated are
no longer required to wear a face mask covering over their mouth and nose outdoors or indoors where
business is conducted unless required that that business organization or work site in Nashua requires
a mask. The Board of Health and the Board of Aldermen highly recommends members of the public
who are not fully vaccinated should continue to wear a mask for their own protection and that of others
that are fully vaccinated or until appropriate health organizations deems it safe to not wear a mask. In
accordance with CDC recommendations unvaccinated persons are recommended to stay six feet from
those they do not live with and are recommended to avoid crows and poorly ventilated indoor spaces.

The next paragraph, number 3 — The Board of Health requires that people traveling on public
transportation, planes, trains, buses and large crowds and indoor settings and health care facilities
continue to wear masks that cover the nose and mouth in accordance with Federal Guidelines.
Paragraph 4 — the Board of Health recommends local businesses establish their own policies and
protocols with regard to face coverings and masks to protect their staff and patrons. The Board of
Health strongly urges that essential businesses, at a minimum, establish hours, processes or
environments where masks must be worn for the comfort and safety of vulnerable persons. Paragraph
5 — The Board of Health recommends that businesses weigh the risk of protecting the patrons and their
staff. If a business requires a mask covering, this would mean both vaccinated and unvaccinated must
comply as at present there’s no universally way to establish between the two. And paragraph 6 — The
Board of Health strongly recommends that schools continue to require masks until students are
vaccinated but the final decision remains with the Board of Education.

Board of Aldermen 05-25-2021 Page 32

Next paragraph — The Board of Health strongly recommends that all those with conditions who are
taking medications that weaken your immune system, continue to take all precautions even if you are
fully vaccinated as you may not be fully protected. This does not keep us from rescinding the mask
mandate as directed but it gives additional guidance to the citizens of Nashua as presented to us from
the Health Department through Legal.

ON THE QUESTION
President Wilshire

You’ve heard that motion. Alderman Lopez.

Alderman Lopez

Thank you. Sol! had approached Alderman Wilshire earlier, well immediately after the Board of Health
meeting regarding this because as Alderman Clemons had mentioned, he had looked at the CDC Guidelines
and did not wait for the Board of Health to have their discussion and make their recommendation. The Board of
Health has been asked to have that discussion and that recommendation since January and their difficulty as
medical practitioners and their role as Board of Health professionals that we appoint them to make health
recommendations is that it is very difficult to figure out statistical, data driven guidelines for this particular
situation; when it is safe and when it is not because there isn’t a way to identify who is vaccinated and who is
not. And there isn’t universal access to the vaccinations yet so there are populations and situations, | know
that public transportation was one that was mentioned and that schools were mentioned, although the point
was made that that’s in the Board of Education’s not ours. But then it additionally in places like homeless
shelters where you can’t account for what everybody’s experience is, what their infection rate, and it is very,
very important to prevent an outbreak in Nashua. Because, while the vaccine improves your resistance to the
infection, it’s not 100% and although it does increase your ability to manage the infection, you can still get it,
you can still transport, you can still pass it on to people who are unvaccinated.

So the Board of Health struggled with that very heavily. They struggled with what the messaging should be
and throughout that process it has been very, very confusing for business owners and people in the community
who see the CDC recommending one thing and the CDC allowing another thing. We see the Governor
authorizing one thing and his health care advisors recommending a different thing. And then the dangers as
perceived by local authorities changes from town to town. Some places have masking ordinances; some don't.
So the difficulty now is that in transitioning from having a masking mandate to not having a citywide one is we
could confuse the public, we could create a scenario where there’s either confrontation or willful violation of a
City Ordinance because people just don’t understand where we are at with that. In addition to all of those
circumstances, it also makes sense as motioned to make the masking ordinance recommendations that we
receive take effect tonight so that it is clear to the public. We've made a decision we have changed the
guidelines, we have acted quickly and we are not waiting for another Committee from the Aldermen to rehash
what the Board of Health has already struggled with.

| just wanted to clarify those points with regards to the Board of Health’s position. They are not saying that it is
safe to remove masks, | heard some people talking about let’s have mask burning parties; that’s ridiculous
there’s a fire danger right now for one thing. But there are definite positive signs, we do need to move forward
and we do need to figure out how to encourage vaccination. So it is the intent of the Board of Health to
encourage vaccination. Some people talk about a reward, some people talk about this being the end of the
road. It probably isn’t. As far as Public Health goes, there’s always thing to watch out and they are going to be
the ones who continue to be the sentinels watching to see if there’s another outbreak overseas of something
that’s resistant to vaccines or if there’s a surge in vaccine resistant cases here in Nashua. So the Board of
Health wants to make it clear that it is not time to celebrate. They don’t celebrate until everybody is healthy
and until risk is mitigated but they do recognize that this is a point where we can start to modify some
behaviors and some guidelines and encourage vaccination over the masking.