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Board of Aldermen 01-12-2021 Page 17
Alderman Clemons

Madam President?

President Wilshire

Alderman Clemons?

Alderman Clemons

It's to accept, place on file and award the contract.

President Wilshire
Oh I’m sorry and to award the contract, you’re right.

City Clerk Lovering
President Wilshire can you hear me now?
President Wilshire
| can now, thank you. 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,
Alderman Jette, Alderman Schmidt, Alderman Laws,
Alderman Cleaver, Alderwoman Harriott-Gathright, Alderman Wilshire 14
Nay: 0
MOTION CARRIED
PETITIONS - None
NOMINATIONS, APPOINTMENTS AND ELECTIONS
The following appointment by the Board of Aldermen was read into the record:

Office of Deputy Treasurer/Deputy Tax Collector

Patricia L. Barry Term to Expire: Indefinite
Hudson, New Hampshire

There being no objection, President Wilshire accepted the Appointment as read and referred her to
the Special Personnel/Administrative Affairs Committee scheduled for Thursday, January 21, 2021.

REPORTS OF COMMITTEE
Budget Review Committee............. ti innine irate 12/28/2020

There being no objection, President Wilshire declared the report of the December 28, 2020 Budget Review
Committee accepted and placed on file.

Board of Aldermen 01-12-2021 Page 18
Personnel/Administrative Affairs Committee. ..............ccceccecee cece eeceeeeeueeeens 01/04/2021

There being no objection, President Wilshire declared the report of the January 4, 2021
Personnel/Administrative Affairs Committee accepted and placed on file.

Finance Committee.......... 00. ccccceceeceecee cence cence eneeeeeaeeetaeeenaaeeeneeetganennneeees 01/06/2021

There being no objection, President Wilshire declared the report of the January 6, 2021 Finance Committee
accepted and placed on file.

CONFIRMATION OF MAYOR'S APPOINTMENTS

Business and Industrial Development Authority

There being no objection, President Wilshire confirmed the reappointment of Lydia Foley, 2 Bruce
Street, Nashua, for a term to expire September 13, 2023 to the Business and Industrial Development
Authority.

Oath of Office to be aadministered at a later date.

Cable Television Advisory Board

There being no objection, President Wilshire confirmed the reappointment of Andrew Cernota,
129 Shelley Drive, Nashua, for a term to expire January 1, 2024 to the Cable Television Advisory
Board.

Oath of Office to be administered at a later date.

Cultural Connections Committee

There being no objection, President Wilshire confirmed the reappointment of Eric Drouart, 52 Main
Street, Nashua, for a term to expire December 31, 2023 to the Cultural Connections Committee.

Oath of Office to be administered at a later date.

Downtown Improvement Committee

There being no objection, President Wilshire confirmed the reappointments of Mary Lou Blaisdell,
32 Webster Street, Nashua, and Richard Lannan, 7D Taggart Drive, Nashua, for terms to expire
December 31, 2023 to the Downtown Improvement Committee.

Oath of Office administered by Corporation Counsel to Richard Lannan; Oath of Office to be administered
to Mary Lou Blaisdell at a later date.

Nashua Arts Commission

There being no objection, President Wilshire confirmed the reappointment of Jennifer Annand,
7-2 Hickory Lane, Hollis, for a term to expire February 1, 2024 to the Nashua Arts Commission.

Oath of Office administered by Deputy Corporation Counsel.

Nashua Housing and Redevelopment Authority

There being no objection, President Wilshire confirmed the reappointment of Thomas Monahan,
28 Swart Terrace, Nashua, for a term to expire October 31, 2025 to the Nashua Housing and
Redevelopment Authority.

30.

31,

jurisdiction, or is found to be in violation of state statutes or regulations, the invalidity or
unenforceability of any particular provision of this contract shall not affect any other provision, the
contract shall be construed as if such invalid or unenforceable provisions were omitted, and the
parties may renegotiate the invalid or unenforceable provisions for sole purpose of rectifying the
invalidity or unenforceability.

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

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

GC 11 of 11

Board of Aldermen 01-12-2021 Page 19

Oath of Office administered by Deputy Corporation Counsel.
Zoning Board of Adjustment

There being no objection, President Wilshire confirmed the reappointment of Jay Minkarah,
13 Mount Pleasant Street, Nashua, for a term to expire September 11, 2023 to the Zoning Board of
Adjustment.

Oath of Office to be administered at a later date.
UNFINISHED BUSINESS — RESOLUTIONS

R-20-017
Endorsers: Mayor Jim Donchess
Alderman Thomas Lopez
Alderman Richard A. Dowd
Alderman-at-Large David C. Tencza
Alderman Patricia Klee
Alderman-at-Large Michael B. O’Brien, Sr.
Alderwoman Linda Harriott-Gathright
Alderman Skip Cleaver
Alderman Jan Schmidt
Alderman-at-Large Lori Wilshire
RELATIVE TO THE SUPPLEMENTAL APPROPRIATION OF $50,000 TO FUND A FEASIBILITY
STUDY FOR THE FUTURE REUSE OF THE ELM STREET MIDDLE SCHOOL BUILDING
Given its second reading;

MOTION BY ALDERMAN CLEMONS FOR INDEFINTE POSTPONEMENT OF R-20-017, BY ROLL
CALL
ON THE QUESTION

President Wilshire
The motion is for indefinite postponement; is there discussion on that motion? Alderman Dowd?
Alderman Dowd

Just real quickly, the money for this was appropriated from another venue so this isn’t needed and that’s
why it is being indefinitely postponed.

President Wilshire

Thank you, Alderman Dowd. The motion before us is for indefinite postponement of R-20-017; 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 O’Brien, Alderman Klee, Alderwoman Kelly, Alderman Dowd,

Alderman Caron, Alderman Clemons, Alderman Lopez, Alderman Tencza,

Alderman Jette, Alderman Schmidt, Alderman Laws,

Alderman Cleaver, Alderwoman Harriott-Gathright, Alderman Wilshire 14
Nay: 0
MOTION CARRIED
Resolution R-20-017 declared indefinitely postponed.

Board of Aldermen 01-12-2021 Page 20

R-20-100
Endorsers: Mayor Jim Donchess
Alderman Richard A. Dowd
Alderman-at-Large Michael B. O’Brien, Sr.
RELATIVE TO THE RESCINDING OF AUTHORIZED UNISSUED DEBT
Given its second reading;

MOTION BY ALDERMAN DOWD TO AMEND R-20-100 BY REPLACING IT WITH THE GOLDENROD
COPY OF AMENDMENTS MADE AT THE BUDGET REVIEW COMMITTEE, BY ROLL CALL

ON THE QUESTION

Alderman Dowd

And I'd like to speak to it.

President Wilshire

Alderman Dowd.

Alderman Dowd

Yes, we actually didn’t approve this amendment, we said we were going to move it on to this full board for
approval. There are two numbers that were transposed incorrectly on the original Legislation. The first is
on R-09-203 in the amount issued instead of the originally listed $7,301 ,000.00; it’s $7,301,700.00. The
other item to correct is on R-15-154 under the amount issued, there was a “1” missing so the correct
amount is $1,181,000.00. So those are the two changes and recommended approval of the change.

President Wilshire

The motion is to replace R-20-100 with the Golden Rod Copy of the amendments made at the Budget
Committee. Is there 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 O’Brien, Alderman Klee, Alderwoman Kelly, Alderman Dowd,

Alderman Caron, Alderman Clemons, Alderman Lopez, Alderman Tencza,

Alderman Jette, Alderman Schmidt, Alderman Laws,

Alderman Cleaver, Alderwoman Harriott-Gathright, Alderman Wilshire 14
Nay: 0

MOTION CARRIED

Board of Aldermen 01-12-2021 Page 21

MOTION BY ALDERMAN DOWD FOR FINAL PASSAGE OF R-20-100 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,
Alderman Jette, Alderman Schmidt, Alderman Laws,
Alderman Cleaver, Alderwoman Harriott-Gathright, Alderman Wilshire 15

Nay: 0
MOTION CARRIED
Resolution R-20-100 declared duly adopted as amended.

R-20-103
Endorsers: Mayor Jim Donchess
Alderman Linda Harriott-Gathright
Alderman Richard A. Dowd
Alderman Patricia Klee
Alderman-at-Large Michael B. O’Brien, Sr.
Alderman Thomas Lopez
Alderman Jan Schmidt
Alderman Skip Cleaver
RELATIVE TO THE TRANSFER OF $250,000 FROM PRIOR YEAR ESCROW FUNDS,
DEPARTMENT #194 “CONTINGENCY, ACCOUNT #70122 “OPERATING EXPENSE
CONTINGENCY” INTO THE “GOVERNOR’S OFFICE FOR EMERGENCY RELIEF AND
RECOVERY (GOFERR) GRANT”
Given its second reading;

MOTION BY ALDERMAN O’BRIEN FOR FINAL PASSAGE OF R-20-103, 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,

Alderman Jette, Alderman Schmidt, Alderman Laws,

Alderman Cleaver, Alderwoman Harriott-Gathright, Alderman Wilshire 14
Nay: 0
MOTION CARRIED

Resolution R-20-103 declared duly adopted.

Board of Aldermen 01-12-2021 Page 22

R-20-104
Endorsers: | Mayor Jim Donchess
Alderman Linda Harriott-Gathright
Alderman June M. Caron
Alderman Richard A. Dowd
Alderman Patricia Klee
Alderman Skip Cleaver
Alderman-at-Large Michael B. O’Brien, Sr.
Alderman Thomas Lopez
Alderman Jan Schmidt
Alderman-at-Large Lori Wilshire
RELATIVE TO THE TRANSFER OF $998,132 FROM DEPARTMENT #150 “POLICE”, ACCOUNT
#90530 “EXPENSE TRANSFER TO GRANT FUNDS” INTO THE “GOVERNOR’S OFFICE FOR
EMERGENCY RELIEF AND RECOVERY (GOFERR) GRANT”
Given its second reading;

MOTION BY ALDERMAN SCHMIDT FOR FINAL PASSAGE OF R-20-104, 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,

Alderman Jette, Alderman Schmidt, Alderman Laws,

Alderman Cleaver, Alderwoman Harriott-Gathright, Alderman Wilshire 14
Nay: 0
MOTION CARRIED
Resolution R-20-104 declared duly adopted.
UNFINISHED BUSINESS — ORDINANCES
0-20-41

Endorser: Mayor Jim Donchess
AMENDING THE ADMINISTRATIVE OFFICER ORDINANCE

Given its second reading;

MOTION BY ALDERMAN CARON FOR FINAL PASSAGE OF 0-20-041 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,

Alderman Jette, Alderman Schmidt, Alderman Laws,

Alderman Cleaver, Alderwoman Harriott-Gathright, Alderman Wilshire 14
Nay: 0
MOTION CARRIED

Ordinance O-20-041 declared duly adopted.

Board of Aldermen 01-12-2021 Page 23

O-20-042, Amended
Endorsers: Mayor Jim Donchess
Alderman-at-Large Ben Clemons
Alderman Patricia Klee
Alderman-at-Large David C. Tencza
Alderman-at-Large Lori Wilshire
AMENDING THE ORDINANCE ON MAINTAINING ADEQUATE UNASSIGNED GENERAL FUND
BALANCE
Given its second reading;

MOTION BY ALDERMAN JETTE TO AMEND O-20-042 BY REPLACING IT WITH THE GOLDENROD
COPY OF AMENDMENTS MADE AT THE BUDGET REVIEW COMMITTEE, BY ROLL CALL

ON THE QUESTION
Alderman Jette

And I'd like to speak to it.
President Wilshire
Alderman Jette?
Alderman Jette

So at the Committee Meeting we noticed that the Ordinance as originally drafted contained the word “each”
two times; it was just a redundant thing. And we just made this amendment to correct that redundancy.

President Wilshire

Anyone else, anyone have any discussion on that motion to amend? 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,

Alderman Jette, Alderman Schmidt, Alderman Laws,

Alderman Cleaver, Alderwoman Harriott-Gathright, Alderman Wilshire 14
Nay: 0
MOTION CARRIED
MOTION BY ALDERMAN JETTE FOR FINAL PASSAGE OF O-20-042 AS AMENDED, BY ROLL CALL
ON THE QUESTION
Alderman Jette
And I'd like to speak to that.

President Wilshire

Alderman Jette?

Board of Aldermen 01-12-2021 Page 24

Alderman Jette

So what this Ordinance does is this summer we realized it was pointed out to us that although our
Ordinances require us to maintain an undesignated General Fund Balance of a minimum of 10% of
appropriations, the Ordinance requires that it be the appropriations plus the Statewide Enhanced Education
Amount and the amount for local school, net tax amount and the county appropriation. We found out that it
has been our practice for as long as anyone can remember that we actually maintain at least 10% of
General Fund Appropriations without factoring in the State or District School Amounts or the County
Appropriation. So just to be consistent with what our actual practice is which our CFO tells us he is
completely comfortable with it; that’s what he’s been doing. And our bond rating people have no problem
with the way we have been doing it for all of these years, so we are just amending the Ordinance to make it
consistent with what our actual practice is.

President Wilshire

Thank you Alderman Jette. Is there discussion on the Motion for Final Passage as amended? Alderman
Clemons?

Alderman Clemons
Yeah this is a good piece of Legislation, | agree with what Alderman Jette said and actually this was one of
the things that former Alderman Teebom and | actually agreed on. And | think he would probably be pretty
pleased with the changes that we are making here because it was always one of the things that drove him
crazy to change this. So it’s good that we are doing that tonight.
President Wilshire
Any other 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 O’Brien, Alderman Klee, Alderwoman Kelly, Alderman Dowd,
Alderman Caron, Alderman Clemons, Alderman Lopez, Alderman Tencza,
Alderman Jette, Alderman Schmidt, Alderman Laws,
Alderman Cleaver, Alderwoman Harriott-Gathright, Alderman Wilshire 14
Nay: 0
MOTION CARRIED

Ordinance O-20-042 declared duly adopted as amended.

O-20-044
Endorser: Alderman Thomas Lopez
RELATIVE TO A BAN ON CERTAIN INDOOR ACTIVITIES FOR CERTAIN BUSINESSES
STARTING AT 9:30 PM
e Tabled at Full Board — 12/22/2020

Board of Aldermen 01-12-2021 Page 25

NEW BUSINESS — RESOLUTIONS

R-20-105
Endorser: Mayor Jim Donchess
Alderman Patricia Klee
Alderman Jan Schmidt
Alderman Richard A. Dowd
Alderman-at-Large David C. Tencza
Alderman Skip Cleaver
Alderman-at-Large Michael B. O’Brien, Sr.
Alderman-at-Large Benjamin Clemons
Alderman-at-Large Lori Wilshire
Alderman Linda Harriott-Gathright
AUTHORIZING THE MAYOR AND CITY TREASURER TO ISSUE BONDS
NOT TO EXCEED THE AMOUNT OF ONE MILLION FIVE HUNDRED THOUSAND DOLLARS
($1,500,000) TO PURCHASE TWO NEW ENGINE PUMPER TRUCKS FOR THE FIRE
DEPARTMENT
Given its first reading; assigned to the BUDET REVIEW COMMITTEE and SCHEDULE A SPECIAL
BOARD OF ALDERMEN PUBLIC HEARING ON MONDAY, JANUARY 25, 2021, AT 7:00 PM, by
President Wilshire

R-20-106
Endorser: Mayor Jim Donchess
Alderman Jan Schmidt
Alderman Richard A. Dowd
Alderman-at-Large Michael B. O’Brien, Sr.
Alderman Patricia Klee
Alderman-at-Large Benjamin Clemons
Alderman Skip Cleaver
Alderman-at-Large Lori Wilshire
Alderman Linda Harriott-Gathright
AUTHORIZING THE MAYOR AND CITY TREASURER TO ISSUE BONDS NOT TO EXCEED THE
AMOUNT OF TWO MILLION SEVEN HUNDRED THOUSAND DOLLARS ($2,700,000) FOR
VARIOUS IMPROVEMENTS AT THE SOLID WASTE DEPARTMENT FOUR HILLS LANDFILL
AND THE PURCHASE OF TWO REFUSE TRUCKS
Given its first reading; assigned to the BUDET REVIEW COMMITTEE, BOARD OF PUBLIC WORKS, and
SCHEDULE A SPECIAL BOARD OF ALDERMEN PUBLIC HEARING ON MONDAY, JANUARY 25, 2021,
AT 7:00 PM, by President Wilshire