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Board of Aldermen 05-25-2021 Page 33

| also wanted to point out that the wording particularly relevant to places that are essential businesses needing
to universally have protected periods of time, and allow that access is important for ADA compliance because
the concerns raised for example during public comment today that we were discriminating against people
based on their beliefs by forcing them to prevent them from inadvertently spreading an illness they may not
know that they have. But the contrary point that is you could be inadvertently endangering multiple other
people if you are unvaccinated, if you are carrying COVID-19 and you expose vulnerable populations. So
there’s no way to universally check, we are not walking around with stickers on or anything like that. There’s
been a campaign nationwide to prevent inspecting any vaccination cards to prove that people who say that
they are vaccinated actually are. So you have to apply it fairly and businesses who choose to say, OK in order
to protect the higher level of risk that occurs when more people are coming in that are not, they don’t have the
same defenses against the disease, everybody has to wear the mask in order to be fair and the public needs to
be cognizant of that fact.

So most of that was covered in Alderman Dowd’s amendment. | support that amendment, | appreciate
Alderman Clemons enthusiasm for rescinding the mask ordinance entirely and | also thank the Board of Health
and healthcare workers for all of their work regardless of public opinion trying to focus on the facts that they
know and medical best practices that they are able to develop in what is still a very new disease that is not
entirely understood in its long-term implications for which there is no cure and there is not a vaccine available
for all. Thank you.

President Wilshire

Alderwoman Kelly?

Alderwoman Kelly

Thank you President Wilshire. | (inaudible) for bringing this forward and having some earnestness in wanting
to discuss this. | think that since the mandate has changed at the Federal Level and the State Level there has
been some confusion especially with our businesses and communities here. If | could the question that | have
and | don’t Know who here might be able to answer it, but it sounds like schools are covered, it sounds like
public transportation would be covered by Federal Law. | am wondering about City buildings and particularly
our meetings as well.

President Wilshire
That’s a good question.

Alderwoman Kelly

Potentially through you to Attorney Bolton.

Attorney Bolton

| am not sure | completely understand the question. There’s nothing in this Ordinance that would mandate
anything as far as City Buildings go. The current Ordinances do apply to public buildings as well as other
places of business, but when repealed they are repealed. And except as would fall under some of the
recommendations that the Board of Health is urging which are not mandates at all. They are mere
recommendations. So there is nothing that would continue to require masks in any Government Building.

Alderwoman Kelly

If | could follow up?

Board of Aldermen 05-25-2021 Page 34
President Wilshire

Alderwoman Kelly.

Alderwoman Kelly

Thank you. Attorney Bolton, are we going to see a rescind of the ability to meet remotely for City Meetings,
because currently the way it is wording at the beginning of each meeting is it is because of the Governor’s
Resolution.

Attorney Bolton

Well the Governor’s Executive Order that provided for some alterations to public meeting requirements is still in
effect. You couldn't rescind that if you wanted to. He has not rescinded that; so these meetings that you are
holding by Zoom would still be permitted to be held in this manner. You must provide access by means of a
telephone connection and with the backup procedure to get notified if the connection failed. So there would be
nothing — nothing currently is in place that would prevent these meetings from being handled in the way they
have been handled for the past year.

Alderwoman Kelly

Thank you.

President Wilshire

You're welcome. Alderman Klee?
Alderman Klee

Thank you Madam President. | have to admit | am a little confused as to the — the CDC has stipulated that
planes, trains, etc., so that would be that type of transportation, you must continue to wear a mask. Are we
saying the same thing? When | am looking at this, and | see Item 3 — The Board of Health requires that people
traveling on public transportation, planes, trains, buses and large crowds in indoor settings, health care
facilities continue to wear masks that cover their nose and mouth. This would not put City Buildings into that, is
that correct Attorney Bolton.

Attorney Bolton

| don’t read that to say anything about City Buildings. The Center for Disease Control has throughout the
entire course done nothing but make recommendations. There have been no mandates with the exception of
some rules about eviction. But as far as masks go, the CDD has had no mandatory provisions regarding
masks or very many other things for that matter.

Alderman Klee

Ok and Madam President if | could have a couple of follow-ups? In reference to the City Buildings again,
would that be covered where it says, basically businesses can require that? Or because the City Buildings are
considered public do we not fall under that same guidance?

Attorney Bolton

One thing, it is only guidance, it not an ordinance. If you want to require masks in City Hall, or some other
municipal of governmental building you would have to write that requirement as an Ordinance, not merely
incorporate the Board of Health’s list of recommendations. Since it is recommended it is only recommended.
Who is speaking?

Board of Aldermen 05-25-2021 Page 35

(Unidentified person speaking in background)

Attorney Bolton

I’m sorry, someone was interrupting.
Alderman Klee

OK | think | understand that. | will have to state that | am concerned relative to whether it be City Hall or any
other public building, City building, that if we don’t have some type of mandate we could have large crowds in
there and so on. But | will leave it at that. And Madam President, | would like to make two other statements
relative to comments that have been made at the beginning. | will be voting for this particular Ordinance but |
did want to kind of clarify some things. The New Hampshire Constitution, Part 1, Article 3, very specifically
states. “Society — its organization and purposes. When men into a State of Society they surrender up some of
their natural rights to that society. In order to ensure the protection of others; and, without such an equivalent,
the surrender is void.” This was written on June 2™, 1784. That is part of the NH Constitution which basically
says that sometimes we do things for society even if it means we have to put our own feelings or our own
rights, as long as we are trying to protect society.

RSA 47:15 — They make — and they are talking about municipalities or | should say | believe it is talking about
City Boards — They may make any other bylaws and regulations which may seem for the well-being of the City.
But no bylaw ordinance shall be repugnant to the constitutional laws of the State and such bylaws and
ordinances shall take effect and be enforced from the time they are in limited without the sanction of
conformation of any other authority whatever. Basically what | interpret this as saying is that the municipality
had the right for the protection of the people within the City to put through the mandate that we did. | know that
there were many that different like it; there were many that were calling for it. And in the same respect | have
had more businesses that have called me and ask that we lift it and allow them to decide on their own, but I’ve
also had a number of businesses that have called and thanked us for having put this in because it helped take
the pressure off of them. As well as they are now having a little anxiety that they are going to get — | believe
there were some members that said if certain businesses keep it in place, | won’t go to them. That’s a threat to
these businesses and while they may want to take care of the safety of their employees, these people are
basically saying, | don’t care about your employees.

And, again, | will be voting to lift this but | think we all need to kind of take a deep breath and say we’ve gone
through a year of hell, we are not through it as Alderman Lopez truly pointed out, we still have a road to go. |
hope that those that have been vaccinated continue to do things and those that haven’t been vaccinated will
take a pause and not say that they have been vaccinated. And | am going to tell you something, | have been
fully vaccinated, a little over two weeks after | was vaccinated | got really sick. | called my doctor, they
immediately brought me in, they felt that | had COVID even though I’d had both vaccinations and so on and
that’s because | have an autoimmune disease and the medication | take does suppress my immune system.
After that scare, thank goodness, | was negative but after that scare they basically said to me, be very cautious
to where you go for this entire time and so on and | will be cautious. But at the same time | had a friend whose
son said he had been vaccinated and tested negative. He wasn’t fully truthful and his father ended up in the
ICU. We are praying for him and we are hoping that everything is OK. But there are consequences for our
actions. And while | will be voting for this, | am going to ask the public to do their part as well. So thank you.

President Wilshire

Alderman Jette?

Board of Aldermen 05-25-2021 Page 36
Alderman Jette

Thank you Madam Chairman. | want to say that | thank our Board of Health and our Department of Health for
all that they have done during this pandemic. | am sure that the Members of the Board of Health, who are
volunteers, you know, they are medical professionals who volunteer their time to serve in this role to help
protect the public health, | am sure when they agreed to do this they had no idea that we would be facing a
pandemic and they would be dealing with what they had to deal with and suffer the criticisms that people that
have aimed at them for trying to what they think is best to protect the public health. From the time that this
pandemic started, people forget that this is brand new thing, this had never happened before. There was a lot
of confusion, a lot of missteps as they were learning how to deal with the disease, there was a lot of trial and
error. There were things that were tried that didn’t work; there were other things that were put into place.
Slowly, “they” the medical experts learned how to deal with this and they are still learning. They are still
discovering new things about this thing.

So from the beginning and this has been very confusing to the public. There’s been so many conflicting
viewpoints expressed by experts and by non-experts. And the public has been subjected to all of this and it
has led to a lot of confusion and |, from the time that the Board of Health recommended that we institute this
mask ordinance, | told people that the information is very conflicting, it is changing every day and our Board of
Health is made up of medical professionals that include a pulmonologist, a pediatrician. The Department of
Public Health, the Medical Director is an Infectious Disease Specialist, they have an Epidemiologist on staff.
And the Director of Public Health is a Doctor of Public Health. So these people are much more qualified than |
am certainly to judge all of this information and to make recommendations. So |’ve been supporting them
when they recommended that we institute this mask ordinance | supported them and | voted for it then. And the
amendment that they recommended, | voted for that. Frankly | was surprised as | watched the meeting, |
heard at least two members of Board of Health and the Infectious Disease Specialist kind of suggest that, hey
this thing is still a big problem. This thing is still killing people and it may be too early to make these changes.
But in the end, they voted to lift the mask ordinance. | was surprised but | trust them, if they think this is the
right thing to do, then | support the lifting of the mask ordinance.

What | have trouble with is the amendment to adopt the recommendations. The recommendations that the
Board of Health is making is trying to tell people that even if the mask ordinance is lifted, there are still good
reasons to be careful. And there are instances where you should continue to wear a mask. There are certain
people who should continue to maintain distances from each other, continue to wash their hands. There are
recommendations that should still be followed. And the Board of Health has the authority, | believe, to make
whatever recommendations it feels are appropriate to protect our public health and to educate the public as to
what they should be doing while this pandemic is still a threat. However, we, as a Board of Aldermen, we
enact ordinances. Ordinances are laws, you know, ordinances say that you can’t do something and if you do
it, it is punishable by fines or even jail time. Our Ordinances are not designed to make recommendations so |
support the Board of Health and | encourage, in my opinion, | encourage them to make their recommendations
and to publicize that and make the public aware of their recommendations. But | am uncomfortable as an
Alderman, as the Board of Aldermen adopting an ordinance which makes recommendations. It has not effect.
If you don’t obey these recommendations, nothing happens. So! am uncomfortable with that and | don’t — so
for that reason | support the Board of Health but | don’t support adding these recommendations in the form of
an ordinance.

And | also have a question about the date, the timing. Somebody came up with June 8" and | don’t know if
Attorney Bolton can speak to that or someone from the Board of Health is on could speak to it or Director
Bagley. But why did they pick June 8 and do they have any problem with our making it tonight instead of June
8.

Attorney Bolton

| can respond.

Board of Aldermen 05-25-2021 Page 37

Attorney Jette

Thank you.

Attorney Bolton

Initially | believe Alderman Clemons was aiming for July 1°, and it was at Alderman Clemons’ behest that this
was drafted. This was frankly drafted weeks ago when Alderman Clemons first expressed interest in it.
Alderman Clemons then later asked that the date be changed from July 1% to June 8"". | think there’s one thing
that you might want to be aware of and maybe by mentioning the public will also be aware of and avoid
confusion. The Mayor has 7 days to veto any measure passed by the Board of Aldermen. Now if he signs the
measure it goes into effect when he signs it; if 7 days pass and he neither vetoes nor signs it, it goes into
effect. And | don’t Know what the Mayor’s intention is in regard to this; it may be that he’s going to be signing it
later this evening if it passes or first thing tomorrow morning. But if he is going to take 7 days and reflect on it,
this measure that you adopt tonight will not take effect until after the passage of those 7 days. You may want
to be aware of that and if the public can be aware of that it might prevent a misunderstanding of what may be
the State of the Law tomorrow for example.

President Wilshire

Are you all set Alderman Jette? Alderman Clemons?

Alderman Clemons

Yeah is the Mayor on, could we ask through you the Mayor if he intends to sign this this evening?
Mayor Donchess

This evening? Well | don’t know about this evening. | would sign it soon | presume.
Alderman Clemons

OK but you are in general in support of what we are trying to do this evening?
Mayor Donchess

Well | would sign the ordinance.

Alderman Clemons

OK so in that sense | guess hearing the Mayor say that | would leave the date in and hopefully the Mayor can
sign it tomorrow.

President Wilshire

OK, Alderman Schmidt?

Alderman Schmidt

Thank you, Madam President. First of all, Alderman Klee, Article 3 is my personal favorite, reminding people
that we are part of a society is a really important thing especially for us. | also have to agree with Alderman
Jette, | don’t think we need to put the recommendations on this. | think it needs to be a clean bill and it should

be signed as is. | think that the people in Nashua are ready for this to be lifted, | have heard from many people
and | know some are quite nervous and | think the best way that Nashua could take care of those people and

Board of Aldermen 05-25-2021 Page 38
understand that they might be nervous is that all businesses should be willing to post on all their entrances
what their mask policy is. It is very simple. They are already almost all of them have this and it would restore
trust in walking into a business. Personally | hate masks, | absolutely hate them, | can’t breathe, | have
asthma. So | pretty much stay home. | probably will, after this is lifted as well, simply because even if | wear a
mask | am not as protected as | would be if the other person with the virus had the mask on. So! am not going
to take a chance, but | think we should really respect the people who would like the mask ordinance lifted, |
think it is past time and | think it should be signed as soon as possible without the addition of the
recommendations. Thank you Madam President.

President Wilshire

Alderwoman Kelly?

Alderwoman Kelly

Thank you. Good discussion. | am still hung up on access and access to City Hall. | know there are members
of the City and community who very much want to not wear masks anymore. But are we setting ourselves up
for a potential lawsuit by not allowing access to someone who might be immunocompromised and feel
uncomfortable coming to the City to do their day to day business?

President Wilshire

Is that a question Alderwoman Kelly?

Alderwoman Kelly

Yep.

President Wilshire

Anyone can sue us for anything, | think that would be an uphill climb.

President Wilshire

Are you all set Alderwoman Kelly?

Alderwoman Kelly

| would like a follow up?

President Wilshire

Yes.

Alderwoman Kelly

| would like to hear from the Mayor if we do not make them mandatory in City Buildings, would they be willing
to do a vulnerable population hour or something of that nature, | am concerned about access and everyone
feeling safe.

President Wilshire

Mayor Donchess?

Board of Aldermen 05-25-2021 Page 39

Mayor Donchess

Well | am not clear on my authority to require anything in City Buildings if the ordinance is repealed, the former
mask protocols are repealed. So |’d need to talk to Attorney Bolton regarding what latitude that would be. | do
believe the people that are not vaccinated actually should continue to wear masks inside and that’s of course
what is being recommended but not required in terms of what the Board of Health has done. So! would need
to talk to Attorney Bolton regarding the legal issues involved.

President Wilshire
Alderwoman Kelly? OK. Alderwoman Gathright.
Alderman Harriott-Gathright

Thank you Madam President. | had a great concern for those that feel that recommendations really do not
mean anything. Because there are a lot of people here in Nashua, we have those that want the mask, we
have those that don’t want the mask, you know? But | feel that it would be good business just to put the
recommendations out there because some people need that extra push or that extra feeling of comfort
knowing that | have read these recommendations and this might be a good idea, maybe this is something | can
do, maybe this is something | can share with others. | think that the Board of Health has done a lot of work
truly a lot of work in the City to get us on the right path. And we are on the right path. So to ignore
recommendations, | think that’s a bit, | am trying to think of a good term that | would like to say about
something like that knowing that these people have worked very hard to come up with recommendations so
that everyone would have a feel for looking out for this or that, you know, it’s not that they have to do anything.
But | think the recommendations are important and | definitely will be voting for the recommendations but | also
will be voting for the bill but | hope it is passed as amended. Thank you.

Alderman Lopez

In support of Alderman Gathright’s word searching | would propose “disgraceful”, “disingenuous”, “unfortunate”,
“political”. | think personally we are responsible for whatever our platforms are and whatever we communicate
to our voters and what we are willing to commit to in terms of behaviors. | think most of us have committed to
letting the Board of Health do its job and make appropriate health recommendations and that’s what got us to
this point. And it wasn’t as fast as some people wished and it is too early for other people, that’s where politics
comes in and we have to make a decision. Ideally | would like to see us making this decision with the best
information that we have in the safest way possible within reason and within the context. So | think we are on
the path to rescinding the masking ordinance. The recommendations that were made by the Public Health
give us the credibility to do this especially when some of us may have been claiming that we were supporting
public this whole time and recommendations and maybe now are a little bit more open to just “it’s time because
we decided”.

This is a larger issue there’s party politics and national politics where maybe one party kept saying follow the
science and we are using healthcare as our guide. And then when they actually had the opportunity said we
are picking a date, because we like this date and it is very important so we are doing that date and everything
fall in line. But this is local politics and this local communities and we are the ones that are going to have to
live directly with the consequences of our actions and | take that pretty seriously. We have lost people in Ward
4, we have had friends and family struggle with COVID-19 — our Mayor. And | think it’s important that we
remember the consequences here aren’t just political, it’s not our opportunity to just say, | want to do what’s
popular. | think the Board of Health is the body that our City Charter says we consult with. This Board did not
support them with their recommendations for a curfew so we definitely have the right assert our own authority
within reason. | just find it unfortunate that some Aldermen choose to use that authority in that particular way
personally.

Finance Committee — 02/16/2022 Page 2

Police Captain Robert Page

Sure. In speaking to the HVAC point Change Order #1 in the amount of $25,840.39, we’re not looking for additional
money. The money will be paid within the current bond. There are five changes specifically under this change order. The
first change is cooling in the data closets. These data closets give off a lot of heat from the IT equipment and they need
their own temperature control regulations.

The second change is for shaft fire dampers. We need to upgrade to meet code and we currently needed two more to be
installed.

The third change was for ceiling tiles and grid. The grid is the metal supports that hold the ceiling tiles. The original tiles
are from 1979. As they're being taken out so they can work in the ceiling, they're falling apart. So we need new tile and
grid for these.

The fourth change is for lighting at the firing range. We're replacing old original halogen lighting with new green energy
efficient LED lights.

The final change is for the roll call room HVAC extension. In this case, we are converting two rooms into one expanding
our current roll call room to address COVID concerns and growth within the department. This directly affects the HVAC
system in terms of vents, thermostats, and other HVAC components that are installed.

Mayor Donchess

Allright, good. Thank you. So does anybody have any questions or comments?

Alderman Clemons

Thank you. So just to be clear, all of those changes that you had mentioned are included in this line item for $25,840?

Police Captain Robert Page

Yes.

Alderman Clemons

Okay, great. Thank you.

Mayor Donchess

Anyone else? When do you expect the project to be completed?

Police Captain Robert Page

We don’t have the exact end date. | did speak to Turnstone themselves and they stated that they're about approximately
40 to 45 percent done. They've almost completed all the work in the second floor of the building which is our top floor and
that is the longest part of the project. So they’re approximately 40 to 45 percent done. It’s just kind of the unknown
unknowns that we could hit between now and the end. The next phase change order is due to be completed in the next
few weeks and we'll be moving into the first floor at the point with the basement still to follow after that.

Mayor Donchess

Allright. Any other questions, comments? All right, could the Clerk please call the roll?
A viva voce roll call was taken which resulted as follows:

Yea: Alderman Klee, Alderman Comeau, Alderman Gouveia, Alderman Clemons,
Alderwoman Timmons, Alderman Moran, Mayor Donchess 7

Nay: 0

MOTION CARRIED

Board of Aldermen 05-25-2021 Page 40

| would like to know from Attorney Bolton with regards to Alderman Kelly’s concerns. There is a provisory for
essential businesses, does City Hall count under that category? Would we be able to say before 10:00 a.m.
everyone in the building needs to be wearing a mask because that’s how the recommendations were written
and then continue to offer service afterwards for everybody who does not want to wear a mask and wants to
exercise that particular freedom?

Attorney Bolton

These recommendation by the Board of Health are not law. They are not mandatory. So | don’t think City
Government is a “business”. So if | were drafting something of that sort, | would say Government Offices or
Government Facilities, | would not in general interpret government, well the word “business” to include
government. But my point is, that doesn’t matter. Someone could go around not following these
recommendations and that doesn’t reach the law at all. They are not subject to a fine, they are not subject to
any enforcement. And if we are letting everyone else in the building we have to let those people in the building
as well.

Alderman Lopez

Can | have a clarification?

Attorney Bolton

If you want there to be rules on who enters the building and what time and when masks are required and when
they are not required we should put them in the ordinance and if not this ordinance another ordinance. And if
the Legal Department is informed of what any one of you desires to introduce we can draft that for you. But up
to now | have heard absolutely no discussion, no one has contacted my office about writing rules about when a
mask has to be worn in City Hall, when not or anything of that nature at all. So if any of you desire that, we will
be working tomorrow. We will have whatever you desire ready for the next meeting.

Alderman Lopez

Can | ask clarification of Attorney Bolton?
President Wilshire

Alderman Lopez.

Alderman Lopez

Attorney Bolton, you said the statement that if a person decides not to follow these recommendations there’s
no law or ordinance requiring them to. You were speaking in reference to City Hall? If a business says we
require masks on our premises is there an obligation of the person to follow the wishes of that business.

Attorney Bolton

Yes, if they are in violation of what the business is requiring, they are guilty of criminal trespass, they can in
fact, it wouldn’t happen but in theory they could be found guilty of a misdemeanor and sentenced 12 months in
the House of Correction. So yes, if a business says you can only come into this facility if you are wearing a
mask and someone comes in without following that requirement, they are guilty of criminal trespass. So yes,
there is teeth in that.

Board of Aldermen 05-25-2021 Page 41

Alderman Lopez

OK | just wanted to clarify because | understand what you are saying about we can’t just arbitrarily make
decisions about what we think will happen at City Hall without actually providing some kind of guideline or law
that we ask you to review and vet.

Attorney Bolton

But they are not guidelines. A guideline is something entirely different. Ordinance is law, guideline is
recommendation, guideline is you hope you do this.

Alderman Lopez

OK well the existing recommendations as the Board of Public Health has laid them out are that we remind the
public and support local businesses that may choose to operate in a certain manner. So that was my intention
was to point out that businesses do still have the right to operate as they see fit. Private individuals do not have
the right to tell them how to operate their businesses. In terms of public buildings, it is your legal opinion that
we wouldn’t just make rules without consulting the public. We would need to run it by Legal and put that in the
form of an ordinance.

Attorney Bolton

You don’t have to run it by Legal, that’s generally the procedure, but you can write it yourself if it is your desire.
So it is not essential that the Legal Department write these things; we are willing to, we do that on a regular
basis. But that’s not required. For most ordinances it is not required to have a public hearing. Your practice
has been to at your meetings allow public comment and to that extent the public gets ample opportunity but
that’s most often not required. And as | say, there’s no enforcement mechanism at all in these
recommendations. Whether they get sort of appended to this repeal ordinance or not, any violation of those
recommendations are not punishable.

Alderman Lopez

Thank you Attorney Bolton. Then | mean | reiterate that it is my opinion that if Public Health makes
recommendations, that is there job that’s their role, it is prudent to consider those recommendations and
include them in the language, understanding that as Attorney Bolton has pointed out they are not
recommendations, not the individual ordinances.

President Wilshire

OK are you all set Alderman Lopez?

Alderman Lopez

Yes, thank you.

President Wilshire

Thank you. Anyone else that wishes to speak on the amendment. Alderwoman Kelly.

Alderwoman Kelly

Thank you. Through you to Attorney Bolton | just had a clarifying question around the school buildings. The
recommendation from public health that they would like to leave it up to the Board of Education. Just wanted to
make sure legally they have that authority.