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Board Of Aldermen - Agenda - 9/9/2020 - P5

By dnadmin on Sun, 11/06/2022 - 23:02
Document Date
Fri, 09/04/2020 - 12:48
Meeting Description
Board Of Aldermen
Document Type
Agenda
Meeting Date
Wed, 09/09/2020 - 00:00
Page Number
5
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/boa_a__090920…

Board of Aldermen

City of Nashua
229 Main Street
Nashua, NH 03061-2019

(603) 589-3030

MEMORANDUM

TO: Board of Aldermen

FROM: Donna Graham, Legislative Affairs Manager
DATE: September 3, 2020

SUB.: Communications Received from the Public

Attached please find communications received from the public as follows:

From: Travis Tripodi
Re: Q-20-029

From: Jim Rafferty
Re: School Street Project

From: NH Retail Association
Re: Mask Ordinance

From: Catherine Norton
Re: Mask Ordinance

From: Sharon Giglio
Re: Masks

From: John Cawthron
Re: Masks

From: Kerry Litka
Re: Mask Ordinance

From: Jeff Locke
Re: Mask Policy

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Board Of Aldermen - Agenda - 9/9/2020 - P5

Board Of Aldermen - Agenda - 9/9/2020 - P6

By dnadmin on Sun, 11/06/2022 - 23:02
Document Date
Fri, 09/04/2020 - 12:48
Meeting Description
Board Of Aldermen
Document Type
Agenda
Meeting Date
Wed, 09/09/2020 - 00:00
Page Number
6
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/boa_a__090920…

Graham, Donna

aie CORSE aoe
To: Travis Tripodi
Subject: RE: O-20-029

From: Travis Tripodi [mailto:tttripgdi326@gqmail.com]
Sent: Sunday, August 09, 2020 8:13 PM

To: Board of Aldermen

Subject: 0-20-029

CAUTION; This email came from outside of the organization. Do not click links/open attachments if source is
unknown.

Dear Aldermen,

I previously wrote to the Board prior to the consideration of the adoption of O-20-018. At that time, I expressed
my concerns about passing an ordinance that takes away the freedom of a business owner, small or large, to
operate their business how they see fit.

During the BOA meeting where O-20-018 was discussed, one of the main arguments for the ordinance, put
forward by Alderman Lopez, was that small business owners had expressed concern about having to enforce the
wearing of masks on their premises without backup from the local government. At the time, I found the
evidence for this perspective to be anecdotal, overstated, and unsubstantiated. I believe that the language
proposed in O-20-029 supports this:

"All businesses open to the public...shall post at each public entrance a notice stating "FACE COVERINGS
REQUIRED."

"No business and no employee of any business shall provide goods or services to any person not complying
with face covering requirements of this ordinance, O-20-018, or any other face covering requirements now in
force or hereafter adopted. No business and no employee of any business shall permit a person to remain on its
premises in violation of these requirements."

It is clear that the proposal is in response to businesses not operating in alignment with the City's stance on
mask use. If the original mask ordinance, O-20-018, was put in place in support of, and not in opposition to
local business, this newly proposed amendment, O-20-029, would be unnecessary. This ordinance is very
clearly stating that the goal of City officials is to dictate to private business owners how they should operate
their businesses.

The "Or what?" question was also a large part of the initial debate on O-20-018. I suspect that it will be a larger
part of the conversation around O-20-029. Is the City going to propose that businesses that don't comply lose
their licenses to operate? Then we have to ask the question, "Can/will we enforce it?” When you start to ask
these questions it becomes clear that this proposal is not "pro-business" like it was originally proposed.

Businesses and individuals do not need the government; federal, state, or local, to tell them how to live their
lives or operate their businesses. When people talk about how ordinances such as this are a slippery slope, this

1

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Board Of Aldermen - Agenda - 9/9/2020 - P6

Board Of Aldermen - Agenda - 9/9/2020 - P7

By dnadmin on Sun, 11/06/2022 - 23:02
Document Date
Fri, 09/04/2020 - 12:48
Meeting Description
Board Of Aldermen
Document Type
Agenda
Meeting Date
Wed, 09/09/2020 - 00:00
Page Number
7
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/boa_a__090920…

is exactly what they are talking about. This was always the natural next step when the community did not
comply with an ordinance they did not agree with. I would ask and strongly recommend that the BOA vote
against the passing of O-20-029 AND vote to rescind the previously ineffective O-20-018.

Sincerely,
Travis Tripod

34 Lawndale Ave, Nashua, NH 03060
Increasingly Concerned Citizen

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Board Of Aldermen - Agenda - 9/9/2020 - P7

Board Of Aldermen - Agenda - 9/9/2020 - P8

By dnadmin on Sun, 11/06/2022 - 23:02
Document Date
Fri, 09/04/2020 - 12:48
Meeting Description
Board Of Aldermen
Document Type
Agenda
Meeting Date
Wed, 09/09/2020 - 00:00
Page Number
8
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/boa_a__090920…

August 11, 2020
Dear City of Nashua Aldermen:

There have been a number of recent meetings between the abutters and city officials regarding the
School Street Development, and | am writing to provide you an update.

In these meetings, there is general agreement that to protect the abutting businesses’ viability,
mitigating parking measures will be necessary. Alternatives discussed include creating additional street
parking, creating parking on city land next to the Pennichuck building, rewarking the oval into squared
off intersections, or demolishing other buildings on High Street to create parking spaces. Perhaps the
most feasible solution is to secure access to the new Pennichuck parking during evenings and weekends.
This will not satisfy the parking deficit, especially on weekdays and busy nights, but would help.

City officials, while willing to discuss parking solutions, are not currently able to make assurances on any
proposals. The parking ramifications of this immense building in this location are significant and
potential solutions are at this time uncertain.

City officials are, however, unyieiding in their resolve to go forward with the project, now. One tald me
outright, “The City is going to do this project.” The Mayor and the administration are myopic on the
issue; the Mayor has said the project will generate $490,000 annually for the city. What a minute - the
River raised $488,153 for charities in 2019. What the Nashua Children’s Home and the Corpus Christi
Food Pantry do with their money, we believe, is as important as what the City does with its revenue.

On July 21st the Mayor emailed a 3-page letter “Building a Stronger Economy with New School Street
Housing” to his email list, an email which was circulated around the River by customers to employees.
One empioyee asked me bluntiy, “| guess we’re dane?” | can’t say to her what the Mayor said to me,
“There is plenty of parking in downtown Nashua, 3,000 spots.” She knows the behavior of the guests at
the River and she knows this could mean the end of a job that provides well for her family.

The River’s ownership, charities, and 49 employees are net alone in their concern. ALL of the abutters
are opposed to the project. My landlord, George Katis, put up a sign adjacent to the River’s leased
space, “12,000 sq. ft. for lease.” Harbor Homes, with 85 employees and 7 million dollars invested into
their building, is also strongly opposed. The Lafayette Club and Polish American Club feel imperiled.

“The City is going to do this project?” The future of this project is not up to the Mayor and City
administrators. Itis up to you. And you are closer to the truth. You know that parking in Nashua is a
problem which has reached crisis levels, with drastically under-parked housing projects, unsafe,
underutilized parking garages, predatory towing schemes, and overnight parking policy unrest.

You understand the good that the River does, the significance of the services.of Harbor Homes, the
value ta the community of Ace Hardware, the Lafayette Club, and the Polish American Cub. We are
asking you to stand with the employees, the charities that the River supports, the community social
clubs that helped build Nashua, the clients of Harbor Homes, and the long-time business development
by the Katis family. The Aldermen should do the right thing, change the course,

Sincerely,

Jim Rafferty
52 Main Street, Apartment 404, Nashua NH 03064
603-809-7106

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Board Of Aldermen - Agenda - 9/9/2020 - P8

Board Of Aldermen - Agenda - 9/9/2020 - P9

By dnadmin on Sun, 11/06/2022 - 23:02
Document Date
Fri, 09/04/2020 - 12:48
Meeting Description
Board Of Aldermen
Document Type
Agenda
Meeting Date
Wed, 09/09/2020 - 00:00
Page Number
9
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/boa_a__090920…

etail

ASSOCIATION

NEW HAMPSHIRE LODGING & RESTAURANT ASSOCIATION

August 13, 2020
Nashua Board of Aldermen
229 Main Street
Nashua, NH 03061

Dear Nashua Aldermen,

We are seeing many municipalities passing ordinances requiring customers to wear face masks before entering retail store
settings. It has come to the attention of the NH Retail Assoc, the NH Grocers Assoc and the NH Lodging & Restaurant
Assoc that you are considering an amendment to Nashua’s mask ordinance that would require businesses and employees
to enforce the requirement for customers to wear a mask.

Requiring retail employees to enforce such an order unfairly places employees in an untenable or uncomfortable position.
Retail workers are not law enforcement professionals who receive specialized training to enforce public laws and de-
escalate confrontations. Customers and employees are already under enormous strain to follow procedures to protect
themselves and the public. Instituting a policy that will lead to conflicts within or outside the store is not only unfair to
employees, but it is unsafe to all those in the store.

Our associations are participating in organized efforts to boost mask wearing in the state. Further, mandated mask usage,
as the current ordinance provides, allows businesses to state that the ordinance requires the use of masks in stores, so law
enforcement can properly address situations where customers become belligerent or violent. But there is distinct
difference between a requirement that allows the business owner or employees to tell a customer that it’s the law,
and putting them in the position of being the enforcement arm.

While cases of violence are certainly the exception, we have all seen the videos or read the reports of customers behaving
badly. The proposed amendment to the existing mask requirement ordinance puts retail employees in potentially
dangerous situations when they’re forced to confront unmasked customers.

We respectfully request that you reject the proposed amendment to the current ordinance and leave appropriate law
enforcement personnel to enforce the order. This is the only way to safely and effectively enforce these public health
policies. Retailers will continue to focus on store operations made more complex by including public signage or routine
public address reminders for consumers of their responsibilities under local health orders.

We hope you will agree that it must be up to state and local law enforcement agencies to address violators of a
government order, not store employees. Please don’t hesitate to reach out to us if you have any questions.

Sincerely,

— /
Nancy C Kyle John Dumais Mike Somers
President/CEO NH Retail Assoc President, NH Grocers Assoc CEO/President, NH Lodging &
603-225-9748 603-669-9333 Restaurant Assoc, 603-228-9585
nancy@retailnh.com dumais(@grocers.org msomers@nhlra.com

ee: Mayor Jim Donchess, Chief Michael Carignan, City Attorney Steve Bolton.

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Board Of Aldermen - Agenda - 9/9/2020 - P9

Board Of Aldermen - Agenda - 9/9/2020 - P10

By dnadmin on Sun, 11/06/2022 - 23:03
Document Date
Fri, 09/04/2020 - 12:48
Meeting Description
Board Of Aldermen
Document Type
Agenda
Meeting Date
Wed, 09/09/2020 - 00:00
Page Number
10
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/boa_a__090920…

Graham, Donna

SE TEE eects Rea an ota
From: norton_catherine <norton_catherine@yahoo.com>

Sent: Thursday, August 13, 2020 5:04 PM

To: Board of Aldermen

Subject: New mask mandate proposal

CAUTION: This email came from outside of the organization. Do not click Imks/open attachments if source is
unknown.

As a Nashua resident, homeowner, Nashua business owner and a commercial property owner I wish to make it
known that neither I nor my husband support any new mandates requiring the monitoring or policing of mask
wearers in the city of Nashua. Our property, since we have owned it, has been broken into, windows broken
and hit with a machete, smashed into by a car, homeless people urinate and defecate on our property and
nothing has been done to increase police presence downtown, to eliminate the homeless people harassing our
customers and workers, or even a barrier at the most dangerous intersection in the city to keep cars ftom
smashing into our businesses at these corners. Now, someone, who does not live downtown, wants us to police
mask wearing, after requiring us to shut down our business for three months and then only allowing us to open
at fifty percent at the most with the requirements of six foot spacing which equates to even less. No, and I will
work with my family that lives and owns property in Nashua and all of the contacts I know to vote out anyone
who votes that we do. Enough is enough.

Catherine Norton

104 Shore Drive

Nashua NH 03062

Sent from the Samsung Galaxy View:

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Board Of Aldermen - Agenda - 9/9/2020 - P10

Board Of Aldermen - Agenda - 9/9/2020 - P11

By dnadmin on Sun, 11/06/2022 - 23:03
Document Date
Fri, 09/04/2020 - 12:48
Meeting Description
Board Of Aldermen
Document Type
Agenda
Meeting Date
Wed, 09/09/2020 - 00:00
Page Number
11
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/boa_a__090920…

Graham, Donna

From: Rick Dowd <rdowd1@comcast.net>
Sent: Thursday, August 13, 2020 1:11 PM
To: Graham, Donna

Subject: Fwd: Masks

CAUTION: This email came from outside of the organization. Do not click links/open attachments if source is
unknown.

Please fwd Sharon’s email to the full Board. Thanks!!

Sent from my iPhone
Alderman Rick DOWD
Ward 2 Nashua

Begin forwarded message:

From: Sharon Giglio <giglios@nashua.edu>
Date: August 13, 2020 at 10:30:46 AM EDT

To: Richard Dowd <dowdr(@nashuanh. gov>
Subject: Masks

Hi Rick,
| could not figure out how to send an email to the entire BOA so if you are able to forward this
to the others, | would appreciate it.

| would like you to pass the mask mandate that would, hopefully, add some teeth to that of the
City. |am in a high risk group. | have had to stop shopping at Shaw's on Main St. due to the
many not wearing masks in that store. | spoke to someone at City Hall and to the store manager
{| told him | would be shopping at the Shaw's at exit one, since they are enforcing the mask
wearing). | was told how hard it is to enforce this. Some patrons are very threatening (and are
carrying weapons} and by the time the police get there they have left. | m not sure what the
solution is. |am sure the police have a lot on their plates. | do not want business owners to be
assaulted in trying to enforce this...but...our future and our lives depend on mask wearing.

Thank you to all,
Sharon Giglio

29 Taschereau Blvd.
Nashua 03062

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Board Of Aldermen - Agenda - 9/9/2020 - P11

Board Of Aldermen - Agenda - 9/9/2020 - P12

By dnadmin on Sun, 11/06/2022 - 23:03
Document Date
Fri, 09/04/2020 - 12:48
Meeting Description
Board Of Aldermen
Document Type
Agenda
Meeting Date
Wed, 09/09/2020 - 00:00
Page Number
12
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/boa_a__090920…

Graham, Donna

To: johncaw@myfairpoint.net
Subject: RE: New Mask mandate

From: johncaw@myftairpoint.net [mailto:johncaw @myfairpoint.net]
Sent: Thursday, August 13, 2020 10:46 AM

' To: Mayor's Office Email; Board of Aldermen

Subject: New Mask mandate

CAUTION: This email came from outside of the organization. Do not click links/open attachments if source is unknown.
To whom it may concern:

There is no science behind your mask mandates.

Forcing anyone to wear a mask DOES nothing to safe guard anyone against a virus, but it does infringe upon the rights of
all Nashuan's and anyone else visiting the city.

Wearing a mask is like trying to catch mosquitoes with a chain link fence. The virus is too small to be captured by any
mask available to the general public.

My feeling is you all know this and that some of you have a need to be part of the media driven, not fact driven, frenzy
concerning masks.

Your latest attempt to force polices that make absolutely no sense on the peaple you serve prove that it's time for many
of you to leave office.

You were given power by the people who elected you. Anyone amongst you, who voted for the original measure and
anyone who votes for this measure is abusing that power.

“No business and no employee of any business shall provide goods or services to any person not complying with face
covering requirements,” says the proposal introduced to the Board of Aldermen on Tuesday. “No business and no
employee of any business shall permit a person to remain on its premises in violation of these requirements.”

Mast people are on edge already do the ongoing and extended over reach of local government and the abuse of the
power.

This ordinance, if passed, will force store clerks into a law enforcement role that they should not be responsible for, turn
people against each other and will mere than likely lead to viclence.

If you vote in favor of this measure, that will be on your shoulders.

You are keeping the schcols closed as well to the detriment of all children in Nashua and stepping on the rights of the
people you are supposed to represent.

This makes no sense what so ever.

| would ask you to what end do these senseless ordinances take us??

Setting the way for more local gov't abuse of power and the stripping of more citizens rights?

Your time would be better spent figuring out how Nashua will pay for all the public pensions that will be bankrupting the
city in the years to come, not how to become more of a police state.

| urge you ail to not give into the current media hysteria concerning masks and to vote NO on the amendment to the
existing mask ordinance.

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Board Of Aldermen - Agenda - 9/9/2020 - P13

By dnadmin on Sun, 11/06/2022 - 23:03
Document Date
Fri, 09/04/2020 - 12:48
Meeting Description
Board Of Aldermen
Document Type
Agenda
Meeting Date
Wed, 09/09/2020 - 00:00
Page Number
13
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/boa_a__090920…

Respectfully,

John Cawthron
8 Troon Circle
Nashua, NH 03062

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Board Of Aldermen - Agenda - 9/9/2020 - P13

Board Of Aldermen - Agenda - 9/9/2020 - P14

By dnadmin on Sun, 11/06/2022 - 23:03
Document Date
Fri, 09/04/2020 - 12:48
Meeting Description
Board Of Aldermen
Document Type
Agenda
Meeting Date
Wed, 09/09/2020 - 00:00
Page Number
14
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/boa_a__090920…

Graham, Donna

Ee EES ERIE TT
To: Kerry Litka
Subject: RE: Proposed Amendment to Mask Ordinance

From: Kerry Litka [mailto:kerrylitka@gmail.com]

Sent: Tuesday, August 18, 2020 5:25 PM

To: Caron, June; Clemons, Benjamin; Dowd, Richard; Lu, Elizabeth; Gathright, Linda; Jette, Ernest; Kelly, Shashanna;
Kiee, Patricia; Laws, Brandon; Lopez, Thomas; Graham, Donna; Cleaver, Skip; O’Brien, Michael (Alderman); Schmidt, Jan;
Tencza, David; Wilshire, Lori; Mayor's Office Email; Board of Aldermen

Subject: Proposed Amendment to Mask Ordinance

CAUTION: This email came from outside of the organization. Da not click links/open attachments if source is
unknown.

8/17/2020
To the Nashua City Board of Aldermen,

| am writing to express my concern and opposition over the recent proposed revisions made to the mask
ordinance. When the ordinance was first proposed, you cited the number of cases in the neighboring state of
Massachusetts as a reason to require the ordinance. However, the MA towns that border Nashua - Dunstable
and Tyngsboro - have significantly fewer cases than the city of Nashua.

Count of Confirmed COVID-19 Cases and Tests Performed in MA by City/Town, January 1, 2020 — August 5,
2020
source: https:/Awww.mass.gov/doc/weekily-covid-19-public-health-report-august-5-2020/do…
Dunstable, MA

Total Cases - 10

Case Count Last 14 Days: 0

Total Positive Tests (Last 14 days): 0

Percent Positivity (Last 14 days): 0
Tynsgboro, MA

Total Case Count - 103

Case Count Last 14 Days: <5

Total Positive Tests (Last 14 days): 4

Percent Positivity (Last 14 days): 1.2%

As of August 10th, 2020, the city of Nashua has to date accumulated a total case count of 777 cases,
currently has 34 active cases.
Source: httos:/Awww.nh.gov/covid1 9/dashboard/cumulative-cases.htm

This clearly indicates that the need to issue a mask ordinance to protect us from residents of neighboring MA
towns is not supported by any data.

It is now mid August and we have been under a mask ordinance since May. Since then, the number of cases
in the city has dropped, as well as the number of fatalities. According to a recent article in the Union Leader,
Nashua is no longer dealing with even a moderate level of cases.

1

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