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21.

22.

23.

Engineer's expense, to the City of Nashua. Professional Engineer shall not use, willingly allow or
cause to have such materials used for any purpose other than the performance of Professional
Engineer's obligations under this contract without the prior written consent of the City of Nashua.

PUBLIC RECORDS LAW, COPYRIGHTS, AND PATENTS Professional Engineer expressly agrees that
all documents ever submitted, filed, or deposited with the City of Nashua by Professional Engineer
(including those remitted to the City of Nashua by Professional Engineer pursuant to paragraph
20), unless designated as confidential by a specific statue of the State of New Hampshire, shall be
treated as public records and shall be available for inspection and copying by any person, or any
governmental entity.

No books, reports, studies, photographs, negatives or other documents, data, drawings or other
materials including but not limited to those contained in media of any sort (e.g., electronic,
magnetic, digital) prepared by or supplied to Professional Engineer in the performance of its
obligations under this contract shall be the subject of any application for a copyright or patent by
or on behalf of Professional Engineer. The City of Nashua shall have the right to reproduce any
such materials.

Professional Engineer expressly and indefinitely waives all of its rights to bring, including but not
limited to, by way of complaint, interpleader, intervention, or any third party practice, any claims,
demands, suits, actions, judgments, or executions, for damages or any other relief, in any
administrative or judicial forum, against the City of Nashua or any of its officers or employees, in
either their official or individual capacity of the City of Nashua, for violations of or infringement
of the copyright or patent laws of the United States or of any other nation. Professional Engineer
agrees to indemnify, to defend, and to hold harmless the City of Nashua, its representatives, and
employees from any claim or action seeking to impose liability, costs, and attorney fees incurred
as a result of or in connection with any claim, whether rightful or otherwise, that any material
prepared by or supplied to Professional Engineer infringes any copyright or that any equipment,
material, or process (or any part thereof) specified by Professional Engineer infringes any patent.

Professional Engineer shall have the right, in order to avoid such claims or actions, to substitute at
its expense non-infringing materials, concepts, products, or processes, or to modify such infringing
materials, concepts, products, or processes so they become non-infringing, or to obtain the
necessary licenses to use the infringing materials, concepts, products, or processes, provided that
such substituted or modified materials, concepts, products, or processes shall meet all the
requirements and be subject to all the terms and conditions of this contract.

FINAL ACCEPTANCE Upon completion of all work under the contract, Professional Engineer shall
notify the City of Nashua in writing of the date of the completion of the work and request
confirmation of the completion from the City of Nashua. Upon receipt of the notice, the City of
Nashua shall confirm to Professional Engineer in writing that the whole of the work was completed
on the date indicated in the notice or provide Professional Engineer with a written list of work not
completed. With respect to work listed by the City of Nashua as incomplete, Professional Engineer
shall promptly complete the work and the final acceptance procedure shall be repeated. The date of
final acceptance of a project by the City of Nashua shall be the date upon which the Director of
Economic Development or other designated official accepts and approves the notice of completion.

TAXES Professional Engineer shall pay all taxes, levies, duties, and assessments of every nature
due in connection with any work performed under the contract and make any and all payroll
deductions required by law. The contract sum and agreed variations to it shall include all taxes
imposed by law. Professional Engineer hereby indemnifies and holds harmless the City of Nashua
from any liability on account of any and all such taxes, levies, duties, assessments, and deductions.

GC 9 of 11

R-21-107

RESOLUTION

AUTHORIZING THE MAYOR AND CITY TREASURER TO ISSUE BONDS NOT TO
EXCEED THE AMOUNT OF FIVE MILLION ONE HUNDRED FIFTY THOUSAND
DOLLARS ($5,150,000) FOR THE CITY’S SEWER INFRASTRUCTURE PROGRAM

CITY OF NASHUA

In the Year Two Thousand and Twenty-One

RESOLVED by the Board of Aldermen of the City of Nashua that the Mayor of the City
of Nashua and the City Treasurer of the City of Nashua are hereby authorized to issue and sell
general obligation bonds of the City in an aggregate principal not to exceed five million one
hundred fifty thousand dollars ($5,150,000). The proceeds of said bonds shall be used for the
Sewer Infrastructure Program project. This project provides for rehabilitation or replacement of
broken, obsolete or failing sewer pipes, catch basins and manholes. This program also funds
repairs on an emergency basis, due to unexpected sewer failures. The useful life of said program
is 50 years.

Pursuant to Nashua City Charter §54-a, this resolution requires a “duly advertised public
hearing.” Also see N.H. RSA 33:9, which requires a 2/3 vote for passage of this resolution.

The bonds shall be general obligations of the City of Nashua, payable as to principal and
interest from ad valorem taxes, which will be levied without limitation as to rate or amount on all
taxable property within the territorial limits of the City of Nashua.

The bonds shall bear the manual or facsimile signature of the City Treasurer and the
Mayor. In accordance with Chapter 91 of the New Hampshire Acts of 2005, bonds issued
pursuant to this resolution shall not require an authenticating certificate of a bank or trust
company doing business in the State of New Hampshire or The Commonwealth of
Massachusetts, or the Commissioner of Revenue Administration.

The bonds are to be issued in fully-registered form by means of a book-entry system or
otherwise and shall have such terms and conditions and be in such form, subject to the provisions
of this resolution and applicable law, as shall be determined by the Mayor and the City
Treasurer.

RESOLVED FURTHER, that the Mayor is authorized to enter into the required
contracts therefor as well as any amendments to be made thereto or any other documentation
necessary for the receipt of said funds.

RESOLUTION:

PURPOSE:

SPONSOR():

COMMITTEE
ASSIGNMENT:

FISCAL NOTE:

LEGISLATIVE YEAR 2021
R-21-107

Authorizing the Mayor and City Treasurer to issue bonds not
to exceed the amount of five million one hundred fifty
thousand dollars ($5,150,000) for the city’s Sewer
Infrastructure Program

Mayor Jim Donchess

it is anticipated that the bond would be sold in FY 22 for a term of
twenty or twenty-five years. It is estimated the interest rate will be
approximately 2.5% and the total cost of the bond will be
approximately $6,501,800 including interest. The average annual
payment will be approximately $325,000 with the beginning years
at a higher amount.

ANALYSIS

This resolution authorizes the City to issue and sell general obligation bonds up to $5,150,000
for the annual sewer infrastructure program. This project can be found in the Capital

Improvements Program.

Pursuant to Nashua City Charter §54-a, this resolution requires a “duly advertised public
hearing”. Also see NH RSA 33:9, which requires a 2/3 vote of all the members for passage of

this resolution.

This legislation should be referred to the Board of Public Works for its review and approval.

Approved as to account
structure, numbers,
and amount:

Approved as to form:

Financial Services Division

By: _/s/John Griffin

Office of Corporation Counsel

By: Meuban Cur» Ke

Date: &% OD ot

A regular meeting of the Board of Aldermen was held Tuesday, January 12, 2021, at 7:30 p.m. via
teleconference.

President Lori Wilshire presided; City Clerk Susan Lovering recorded.
Prayer was offered by City Clerk Susan Lovering; Alderman Skip Cleaver led in the Pledge to the Flag.
President Wilshire

As President of the Board of Aldermen, | find that due to the State of Emergency declared by the
Governor as a result of the COVID-19 pandemic and in accordance with the Governors Emergency
Order #12 pursuant to Executive Order 2020-04, this public body is authorized to meet electronically.

Please note that there is no physical location to observe and listen contemporaneously to this meeting,
which was authorized pursuant to the Governors Emergency Order. However, in accordance with the
Emergency Order, | am confirming that we are:

Providing public access to the meeting by telephone, with additional access possibilities by video or
other electronic means:

To access Zoom, please refer to the agenda or the City’s website for the meeting link.

To join by phone dial: 1-929-205-6099 - Meeting ID: 840 18629071 Passcode: 036534

The public may also view the meeting via Channel 16.

We previously gave notice to the public of the necessary information for accessing the meeting, through
public postings. Instructions have also been provided on the City of Nashua’s website at www.nashuanh.gov
and publicly noticed at City Hall and Nashua Public Library.

If anybody has a problem accessing the meeting via phone or Channel 16, please call 603-821-2049 and
they will help you connect.

In the event the public is unable to access the meeting via the methods mentioned above, the meeting will
be adjourned and rescheduled. Please note that all votes that are taken during this meeting shall be done
by roll call vote.

Let’s start the meeting by taking a roll call attendance. When each member states their presence, please
also state whether there is anyone in the room with you during this meeting, which is required under the
Right-To-Know Law.

The roll call was taken with 14 members of the Board of Aldermen present: Alderman Michael B. O’Brien,
Sr., Alderman Patricia Klee, Alderwoman Shoshanna Kelly, Alderman Richard A. Dowd, Alderman June M.
Caron, Alderman Benjamin Clemons, Alderman Thomas Lopez, Alderman David C. Tencza, Alderman
Ernest Jette, Alderman Jan Schmidt, Alderman Brandon Michael Laws, Alderman Skip Cleaver, Alderman
Linda Harriott-Gathright, Alderman Wilshire.

Alderwoman Elizabeth Lu was recorded absent.

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

Board of Aldermen 01-12-2021
ROLL CALL

Alderman O’Brien

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

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

I'm here, | can hear everyone and | am alone in this room.
Alderman Dowd

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

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

Alderman Clemons

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

| am present, | can hear and see everyone and | am alone.
Alderman Tencza

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

Alderwoman Lu won't be joining us this evening.
Alderman Jette

| am here alone and | can hear the proceedings.

Alderman Schmidt

| am present, | am alone in the room and | can hear everyone.

Alderman Laws
| am here, | can hear everyone and | am alone.
Alderman Cleaver

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

Page 2

Board of Aldermen 01-12-2021 Page 3

Alderman Harriott-Gathright

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

| am here, | am alone and | can hear everyone.
Susan Lovering, City Clerk

You have 14 in attendance.

President Wilshire

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

REMARKS BY THE MAYOR

Mayor Donchess

Yes, Madam President, thank you very much. | had a number of things that | wanted to mention to you or talk
with you tonight about. First, the tragic and horrible events that occurred in Washington, DC where the Capitol
was stormed by a group of insurgents. It’s a very tragic thing for our nation, the first time that’s happened in
many, you know, a couple of centuries. And | think we should all lament that very unfortunate event. But we’ve
been asked, and | know other members of City Government, Members of the Board of Aldermen have been
asked about our local situation. We have reduced or lowered the flag to half-staff, to commemorate the death of
the Officer who was killed during the attack, Officer Sicknick is his name, a young man who was killed; one of
the Capitol Police Officers. So our flag is at half-staff. And we have also been asked, Madam President, about
what security measures are being taken.

| have talked with our Police Department, Chief Carignan specifically. The Police Department is working in
conjunction with the FBI, the State Police to monitor all social network traffic and to assess any risks that may
arise here in Nashua or in New Hampshire. So all of our Law Enforcement Agencies are working together.
Chief Carignan reports to me that they are on top of the situation; they are going to be very active and vigilant
during the next eight days between now and the Inauguration. Therefore, | think we can have confidence that
they will do the best they can and be on top of the situation locally in terms of any security threat that may exist.

Next, Madam President, | wanted to turn to the pandemic. You are going to get a report from Public Health &
Community Services Director Bobbie Bagley as well as Angela Consentino, Epidemiologist a little later in the
meeting. But briefly, the cases have been on the rise; December was the worst month here and in most places
in the country. As the medical experts told us, the number of cases would rise during the winter. We have seen
a rise in positivity rate. At our local clinic last Tuesday, a week ago today, they actually saw 20% positivity rate;
in other words 20% of the people tested at that clinic were positive. Although overall the tests during the week,
the positivity rate was 13%. Still not good but not as high as 20%. Those were all of the tests done in Nashua.

So we need to be vigilant, we need to continue to wear masks, we need to continue to social distance. We are
working, following the advice of the medical experts. We know that the masks will help us eradicate and
eventually eliminate the pandemic. The vaccines are coming, more slowly than we wished, so far many of our
First Responders, part of so-called Group 1A have been vaccinated for the first time and are signing up for their
second doses. And then after that the State — the State is in control of all this — will move to Group 1B which
includes many nursing home residents and others. Also in Group 1A those being vaccinated now are the Front
Line Healthcare Workers, so many of the people at our hospitals have been vaccinated at least for the first time.

Board of Aldermen 01-12-2021 Page 4

But, Madam President, | wanted to report to you some very sad news. We had a very long-term employee at
Public Works whose name was Andre Pelletier, had worked for Public Works for 46 years. Now he contracted
COVID-19, not at work, but through a family or social contact. He suffered a very serious case of COVID-19
and today | am sad to report Andre Pelletier died as a result of COVID-19. So | know we all feel very badly for
his family, a tragic loss, a family man, someone who has lived in Nashua worked for the City for all this time is
struck down now by COVID-19 near the end of his career. So we are very sorry about that and anything that we
can do to help the family, | am sure we will all be willing to assist in any we can. But we will miss, and Public
Works will miss Mr. Pelletier.

Next, Madam President, it is the beginning of the year, | wanted to at least briefly mention the Budget. This will
be a difficult Budget Year. We have been hit by the State of New Hampshire with two big things. Number One,
they have indicated that they are cutting School Aid by about $7 million dollars from what we received last year,
a $7 million dollar loss, $7 million dollar cut during the pandemic at the worst possible time is nothing that we
can agree to. So we are trying to work with our Legislative Delegation to turn that around if possible. In addition
to that $7 million dollar hit, the State is hitting us with a $4.4 million dollar increase in our Pension Bill unrelated
to any wage increases. So at the worst possible time, the State is hitting us with over $11 million dollars. This
translates into a 5% tax increase before we even get to the City Budget. We will need to have a very tight
Budget.

Madam President, for over the past several years | have proposed the Budget at the first meeting in May.
Because we are trying to work with our Legislative Delegation to reverse some of these cuts, some of this $11
million dollar hit, | will not be proposing the Budget as early as that, probably in early May when we will have a
better sense of what or how final these hits from the State of New Hampshire will be. But we will, of course,
have time to talk more about the Budget as time goes on.

| did want to point out something and | think you are going to see something on your screen right now. But over
the last two years we have tried to work hard through the Assessing Department and through Administrative
Services to make the Nashua Assessing Department the most transparent, the most accountable, the most
accessible to the public and much of that work has been by putting things on-line that citizens can access
directly without going to the Assessing Office, all they’ve got to do is go to the City Website. So we surveyed
other cities and towns around Southern New Hampshire and you can see at this point, Nashua has 19 and
there’s 19 different things here that are available to the public on-line, running from abatement appeals down
through the list to timber and excavation tax information. And when you survey other cities and towns,
Manchester, Concord, Hudson, Salem and on, you see that none of them come even close to having on-line
what Nashua currently has on-line. | think the most that we have is 8 of the 19 things, some other town has —
Manchester has 6 of the 19 available to the public.

Now our work is not done. We are still improving the accessibility, the accountability. One thing that still needs
to be put on-line and we are working on that right now is to put on the 2020 property cards. There are some
technical issues that Assessing has encountered, that IT has encountered with that, but we are confident that
those can be overcome in the near future and we will then have the 2020 property cards. But | think, again, our
work is not done. We will continue to try to improve service, but as you look at this chart | think it gives you a
visual impression of how much progress has been made in the Assessing Department regarding accountability,
transparency and accessibility to the public.

And, Madam President, | wanted to mention the unfortunate passing of another Nashua citizen, that being Terry
Romano. Terry Romano was a woman who was very generous in the community. She gave of herself in terms
of volunteering and also financially she contributed to many charitable causes in the City. She passed away last
year around Christmas time. And | just wanted to mention her passing and say that that’s a sad event for the
City. She was living at 52 Main Street right there at the Jackson Fall Condos before her passing. | am sad to
say that Terry is no longer with us.

Nearing the end Madam President there is something on your desk tonight which we would like you to accept
for a First Reading, not to pass it, just a First Reading by a suspension of the rules. It has to do with, it’s a very
when you read it, it’s a very detailed action which we will ultimately ask you to take but it’s related to the solar

Board of Aldermen 01-12-2021 Page 5

projects that Pennichuck is trying to undertake. They are trying to establish two, one megawatt solar arrays
north of the Pennichuck Middle School. And the agreement which we are asking you to accept on a First
Reading and refer to a Committee, is to allow, they are on Class 6 Road and it has to do with the plowing of the
Class 6 road or the City’s not having to have the obligation to plow that road. This is something that needs to be
referred to the Planning Board and action needs to be taken by the end of the month to make sure that solar
array goes ahead. Again, it’s almost a very technical measure but it does need to be done by the end of the
month, Madam President. So we are asking the Board to accept this, again just for a First Reading. It would
then go to a Committee; we can discuss all the details. It can go to the Planning Board and hopefully then
come back to the Board in two weeks for final action.

Finally, Madam President, we are going to recognize in a few moments or in a little while, the High School Art
Project Brave New World. We have a City, Mayor, Board of Aldermen Proclamation which we are going to
present at that time and | hope that those students and faculty, teachers that are on the meeting will wait for that
to occur because they have a great thing out near Amherst Street School and | am sure we all appreciate it and
would very much like to recognize everything that they have done.

That was the number of items, Madam President, but a lot has happened. With that, | conclude.

President Wilshire

Thank you, Mayor. Responses to Remarks of the Mayor?

RESPONSE TO REMARKS OF THE MAYOR - None

President Wilshire

Attorney Bolton, would this be a good time to call on you?

Steve Bolton, Corporation Counsel

Thank you, Madam President. We’ve had an addition to the Legal Staff that | wanted all of you to be aware
of. Jesse Neumann, who | can see down in the bottom of my screen has joined the office as an attorney
and Right-to-Know Coordinator. As the title implies, he will be primarily concerned with Right-to-Know
issues but he will get into other aspects of Municipal Law and assist us generally. So | want you all the
meet him at least through this format and feel free to contact him if the other lawyers in the office are
unavailable for your needs at any time. He has been working for a couple of weeks now and has
maintained his enthusiasm thus far, so we are certainly pleased to have him on board and look forward to a
tremendous working relationship and successful collaboration.

Jesse comes from Nashua, still resides here so that is just one important aspect of his background that he
brings to his new responsibilities. | know Alderman Dowd will be pleased to learn that among Jesse’s other

qualification, he spent 5 years as a Naval Officer. So that is his background that will influence his
usefulness to our Department and the City as a whole.

Mayor Donchess
And he lives in Ward 2.

Attorney Bolton
He does, yes.
Alderman Dowd

| really like him already.

Board of Aldermen 01-12-2021 Page 6

Attorney Bolton

| think he outranks you, however.

Alderman Lopez
And he has to work in Ward 4.

Attorney Bolton

So please join me in welcoming Jesse and as | say, | think you will be well-served by his tenure here.
Thank you.

President Wilshire

Thank you Attorney Bolton and welcome Attorney Neumann, we are pleased to have you with the City and
look forward to working with you.

Jesse Neumann, Nashua City Attorney

Thank you very much. | look forward to working with all of you as well.

President Wilshire

Thank you. OK, we are now going to have a Board of Health COVID update. | see we have Dr. Storace,
Dr. Cappetta and Dr. Granok with us. | don’t know if | am missing anyone. | am not sure who might want to
take this?

BOARD OF HEALTH — COVID UPDATE

Bobbie Bagley, Director of Public Health & Community Services

Good Evening Madam President, this is Bobbie Bagley the Director of the Division of Public Health &
Community Services. Thank you for having us in attendance at the Board of Aldermen meeting this
evening. Angela and | are, the City of Nashua Epidemiologist will do a situation update and share
information about the current status of COVID in Nashua with some numbers that are really important for
us to all know about. We are also going to talk about the impact of COVID on our community. And then
afterwards our Members of the Board of Health will also contribute to this information as well.

So Angela is going to start us off with giving us the update on the numbers as of yesterday. We get our
reports out from the State every evening and so these numbers are up-to-date as far as yesterday.
Angela?

Angela Consentino, Epidemiologist

Thank you Bobbie. So this where we stand in regards to Nashua case activity, there are currently 4,644
cumulative cases in Nashua. And of those cases, approximately 563 are currently active and infectious
which means that approximately 87% of Nashua cumulative cases have recovered. We have had four
additional COVID related deaths in Nashua since last week for 60 total deaths and a case fatality rate of
1.2% and our hospitalization rate in Nashua is at 2.4% compared to the State’s rate of 1.7%.

In regards to Community Level Transmission in Nashua, we are currently exceeding 2 out of 3 indicators
that push us into substantial Community Based Transmission. The first indicator is our incidence rate,
which tells us how quickly disease is occurring in the community.

Board of Aldermen 01-12-2021 Page 7

So over the past 14 days we have had 953.4 new cases per every 100,000 people which is up about 175
standardized cases from this time last week. Then we have our percent positivity rate which is a good
indicator of the general spread of disease in the community at large. We are considered substantial in this
category as well. So in the past week there has been 489 tests conducted, on average, each day in
Nashua and 62 of those tests have been positive each day which gives us the percent positivity rate of
12.8% which is up about 1 percentage point from last week.

And then we have our new hospitalizations which show us quickly hospitals are being burdened by
disease. We are considered minimal in regards to new hospitalizations. In the past two weeks we have
had 2.2 new hospitalizations per 100,000 people which is up about 1 standard hospitalization since last
week.

Now | will move us into talking more about the impacts that we have seen of COVID-19 on the individual
and then Bobbie will talk about the family and community impacts. So we contact about 70% of Nashua
cases and provide them education or do a complete disease investigation. And when we are conducting
these calls we learn a lot about the individual impact that COVID-19 has. So first there are the
physiological impacts, you know, people are sick and uncomfortable, many people have difficulty breathing
and severe body pain and symptoms can last anywhere from two days to four months. We have had
people who have lost their sense of taste or smell for months at a time and that doesn’t sound like such a
serious symptom but it has a huge impact on people’s health and wellbeing. You know, they are not able
to taste their food, they can’t smell if their breakfast is burning and it is one of those symptoms that is
persistent and does have a huge day-to-day impact on people’s lives.

And then we have the financial impact; people are out of work for the extent of their isolation or quarantine
period. And then there’s the cost of hospital or medical bills. And if one of your family members
unfortunately passes away from this illness, there is the unexpected funeral costs on top of those medical
and hospital bills. And then we have the psychological impacts where cases and their families are worried,
anxious, scared and can quickly become down and depressed and feel isolated and alone.

Director Bagley

So as Angela has talked about the individual impact, we know that individuals also make up part of a family
unit. So with COVID being at such substantial levels, the impact on our families is great. And the greater
community spread (inaudible someone interrupting).

Sorry about that. When there is substantial spread in the community, it also creates greater opportunities
for family members when they are in the community involved in different activities it could be going to small
events, parties, we just came off of a couple of nice Holiday Celebrations. It allows for the individuals to be
exposed and then once they are exposed, it does impact their families. And from some of the — just the
work that we’ve done and some of the studies that we have looked at — the impact of the spread in the
household can be up to 40% or higher especially if there are multiple positive cases in the family or
resulting in multiple positive cases in the families.

In one of the studies that | read that percentage rate can go up as high as 53%. And just from some of the
investigations that we have been conducting, there have been up to 100% in some families. So that
creates a strain and also some of the physiological factors or psychological factors that Angela talked
about, not only on the individual but also on an entire household. When this does occur, not all of the
members if they need to isolate or quarantine, are able to continue working from home in fact they have to
be off, so that does decrease their work hours, it decreases their days from work which also then increases
their loss in wages which will also then impact their ability to be able to pay their bills.

We have also seen from our investigation that in multi-generational homes there’s also difficulty or
challenges with being able to isolate in their homes or to be able to quarantine from one another. This also
increases the opportunity for there to be spread in infection in the homes as well.