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Board of Aldermen 6-09-2020 Page 18

R-20-051
Endorser: Mayor Jim Donchess
Alderman-at-Large Brandon Michael Laws
Alderman-at-Large David C. Tencza
Alderman Jan Schmidt
Alderman Linda Harriott-Gathright
Alderman-at-Large Michael B. O’Brien
Alderman Richard A. Dowd
Alderwoman-at-Large Shoshanna Kelly
Alderman Tom Lopez
Alderman Patricia Klee
Alderman Skip Cleaver
Alderman June M. Caron
Alderman-at-Large Lori Wilshire
RELATIVE TO THE ACCEPTANCE AND APPROPRIATION OF $45,000 FROM THE STATE OF
NEW HAMPSHIRE DEPARTMENT OF HEALTH AND HUMAN SERVICES INTO PUBLIC
HEALTH AND COMMUNITY SERVICES GRANT ACTIVITIES “FY21 AND FY22 HEALTHY
HOMES AND LEAD POISONING CASE MANAGEMENT”
Given its first reading; assigned to the HUMAN AFFAIRS COMMITTEE by President Wilshire

NEW BUSINESS — ORDINANCES

O-20-020
Endorser: Mayor Jim Donchess
Alderman-at-Large Brandon Michael Laws
Alderman-at-Large David C. Tencza
Alderman Jan Schmidt
Alderman Linda Harriott-Gathright
Alderman-at-Large Michael B. O’Brien
Alderman Richard A. Dowd
Alderman Skip Cleaver
Alderman Patricia Klee
Alderwoman-at-Large Shoshanna Kelly
Alderman-at-Large Lori Wilshire
RELATIVE TO PERSONAL DAYS FOR UNAFFILIATED EMPLOYEES IN THE PUBLIC HEALTH
AND COMMUNITY SERVICES DIVISION
Given its first reading; assigned to the PERSONNEL/ADMINISTRATIVE AFFAIRS COMMITTEE by
President Wilshire

MOTION BY ALDERMAN O’BRIEN TO SUSPEND THE RULES TO ALLOW FOR A SECOND
READING OF O-20-020 BY ROLL CALL

ON THE QUESTION
Alderman O’Brien

This seems to follow pretty much along for what we have done with the Police and just briefly this evening
with the Fire. These are unaffiliated employees and | think the Corporation Counsel did give a good
explanation of the unaffiliated that go by the calendar year up until July so there seems to be some
timeliness to this as well too, from what | am led to believe. So by expediting this | think shows fairness
across the board. We took care of some other groups; these are employees with the Public Health and
Community Services Division. They all equally have done a fine job. They missed their vacation time due
to the COVID so | think they are deserving of this. Thank you.

Board of Aldermen 6-09-2020 Page 19

Alderman Lopez

Yeah, | just want to express my support for this, | wasn’t sure which is why | didn’t endorse it. | know we’ve
had sort of a shaky history with the unaffiliated employees. So | was going to look at it first before
committing but thank you to Alderman O’Brien for explaining.

President Wilshire
The motion is to suspend the rules. Further discussion on that motion? Alderman Clemons?
Alderman Clemons

Before we do this, | guess my question would be on why and | know Corporation Counsel tried to explain
this and | understand the mechanism anyway, but why we aren’t doing this for all unaffiliated employees
and why just the Public Health Department?

President Wilshire

Attorney Bolton do you know why, do you have any insight for us?

Attorney Bolton

Yes, maybe.

Mayor Donchess

| can possibly answer that, Madam President. We should look at the other unaffiliated employees. Now it
depends on the employee’s responsibility. Some people are still working remotely but able to take
vacation, because they have a normal amount of demands as opposed to the Public Health where the
demands have been 7 days a week. Certainly, there are others who may be in the same position. So |
would be glad to check that out and make a recommendation to you. Maybe it should be all unaffiliated
employees. But we can come back with that; but this was just because the Public Health people have
been working 7 days a week, working with the COVID-19 positive patients as well as all the contract
tracing that we’ve discussed before. So that was the reason for Public Health but I’d be glad to look at the
other employees and come back to you.

President Wilshire
Thank you, Mayor.
Alderman Clemons

Thank you, Mayor, | appreciate that. And | don’t want to diminish what the Health Department has done,
certainly they have done a fantastic job in working day in and day out. But there is some other fairness
issues around it, in particular the fact that in the last 3 or 4 months there’s been nowhere to go to take
your vacation so you are at home anyway.

Mayor Donchess

Yes and another group that has worked very hard and so | am glad that you’ve raised this and have been
working feverishly especially over the last few weeks are the automobile registration people because of
the difficulties of remote registration. So there’s another group that has put in extra efforts and may not
have been able to take vacation. So again, I’d be glad to look into the whole situation.

Board of Aldermen 6-09-2020 Page 20
Alderman Clemons

Thank you.

President Wilshire

The motion before us is to suspend the rules to allow for a second reading. Any further discussion on the
motion to suspend? Alderman Caron?

Alderman Caron

Yes thank you. First of all, thank you Mayor for agreeing to check out the other unaffiliated because of the
problems we are having with the virus. | know that City Clerk and Tax Collectors, they are working
Saturdays and Sundays. And as Alderman Clemons said, even if you are on vacation, you can’t go
anywhere. So whatever you can do, | think would make these employees feel just as important as
everybody else. And | know how hard Public Health Workers are doing, so | appreciate you taking the
time to check that and bring it back to the Full Board. Thank you.

President Wilshire

OK the motion before us is to suspend the rules to allow for a second reading of Ordinance 20-020.
Seeing no further discussion would the Clerk please call the roll?

A viva voce roll call was taken which resulted as follows:

Yea: Alderman O’Brien, Alderman Klee, Alderwoman Kelly, Alderman Dowd,
Alderman Caron, Alderman Clemons, Alderman Lopez, Alderman Tencza,
Alderwoman Lu, Alderman Jette, Alderman Schmidt, Alderman Laws,
Alderman Cleaver, Alderman Harriott-Gathright, Alderman Wilshire 15

Nay: 0

MOTION CARRIED

O-20-020
Endorser: Mayor Jim Donchess
Alderman-at-Large Brandon Michael Laws
Alderman-at-Large David C. Tencza
Alderman Jan Schmidt
Alderman Linda Harriott-Gathright
Alderman-at-Large Michael B. O’Brien
Alderman Richard A. Dowd
Alderman Skip Cleaver
Alderman Patricia Klee
Alderwoman-at-Large Shoshanna Kelly
Alderman-at-Large Lori Wilshire
RELATIVE TO PERSONAL DAYS FOR UNAFFILIATED EMPLOYEES IN THE PUBLIC HEALTH
AND COMMUNITY SERVICES DIVISION
Given its second reading;

MOTION BY ALDERMAN O’BRIEN FOR FINAL PASSAGE OF O-20-020 BY ROLL CALL

Board of Aldermen 6-09-2020 Page 21
A viva voce roll call was taken which resulted as follows:

Yea: Alderman O’Brien, Alderman Klee, Alderwoman Kelly, Alderman Dowd,
Alderman Caron, Alderman Clemons, Alderman Lopez, Alderman Tencza,
Alderwoman Lu, Alderman Jette, Alderman Schmidt, Alderman Laws,
Alderman Cleaver, Alderman Harriott-Gathright, Alderman Wilshire 15

Nay: 0
MOTION CARRIED

Ordinance O-20-020 declared duly adopted.

O-20-021
Endorser: Alderman Richard A. Dowd
Alderman-at-Large Michael B. O’Brien
Alderman Tom Lopez
AUTHORIZING A STOP SIGN ON LEE STREET AT ITS INTERSECTION WITH FOREST STREET
Given its first reading; assigned to the COMMITTEE ON INFRASTRUCTURE by President Wilshire

O-20-023
Endorser: Alderman Ben Clemons
Alderman Patricia Klee
Alderman Michael B. O’Brien, Sr.
Alderman-at-Large Brandon Michael Laws
Alderman Richard A. Dowd
Alderman Tom Lopez
Alderman Jan Schmidt
Alderman-at-Large David C. Tencza
Alderman Skip Cleaver
Alderwoman-at-Large Shoshanna Kelly
Alderman Patricia Klee
Alderman Linda Harriott-Gathright
RELATIVE TO ADVERTISING SIGNAGE ON UMBRELLAS, AWNINGS, AND CANOPIES IN
CONNECTION WITH OUTDOOR DINING
Given its first reading; assigned to the PCANNING AND ECONOMIC DEVELOPMENT COMMITTEE and
Planning Board by President Wilshire

President Wilshire
Alderman Gathright?

Alderman Harriott-Gathright

Alright, so are you just talking about like on the top of the umbrella where you might have the name of the
business? So do the businesses want to do that or the City is going to do that?

President Wilshire

No the businesses are. Right now we have an Ordinance that says they can’t have liquor advertising over
4 inches or something to that effect. We want to allow them to have it.

Board of Aldermen 6-09-2020 Page 22

Alderman Harriott-Gathright

OK. I'd like to be a sponsor as well.

President Wilshire

Ok, very good. Thank you.

Alderman Clemons

Madam President, | did have a question for Corporation Counsel? Thank you, my question is this has to
go before the Planning Board and have a Public Hearing and the way that it is written it is temporary. It is
going to go until the middle of November. And so my question is, if this is successful and the Board

decides that it is something that we want to extend, does it have to go through the Public Hearing process
again in order for the Board to extend it later on?

Attorney Bolton

Yes.

Alderman Clemons

So is it possible to amend this right now before it goes to those Public Hearings to remove that sunset?
Attorney Bolton

It’s possible.

Alderman Clemons

So Madam President, | would make a motion to remove the sunset clause on this so that it just becomes a
policy of the City.

MOTION BY ALDERMAN CLEMONS TO AMEND O-20-023 BY REMOVING THE SUNSET CLAUSE
BY ROLL CALL

ON THE QUESTION

Alderwoman Kelly

Just a point of order, | am wondering if that would be a motion that would make sense to make when it
goes to Committee versus here?

President Wilshire

According to the attorney, he can do it here or he can do it at Committee?

Alderman Clemons

Can | speak to that? So it’s a couple things. So one to answer Alderwoman Kelly’s question, if we do it
here, once you assign the Public Hearing and all of that it already will have been amended so the people
can come and talk to it as it is amended without having to go through two Public Hearing processes and

delay it because we amended it. And | would assume that it would be a substantial change since one has
an end date and one doesn’t.

Board of Aldermen 6-09-2020 Page 23

And the second reason that | am proposing this amendment is because from what | understand from the
restaurants and businesses is that they would like to be able to have, they get these umbrellas for free
essentially from various liquor distributors and different things. So it is a financial burden for them to go
out and buy these umbrellas. So the idea is that if they get one or they get a couple of them and they put
them up, they can use them for a couple of seasons. If we put a sunset clause on this, it defeats the
purpose of them going out and getting them. It’s something we should do and | think we should just do it
as opposed to doing a trial period. Thank you.

Alderman Laws
I’m all set, thank you.
Alderman Dowd

| have had a couple discussions with Director Marchant on this and | know there was some concern, but
these umbrellas, if you get a good umbrella, they are very expensive, up to $400.00 apiece. And some of
the establishments downtown have already gone out and bought their own, but many haven't. I’ve also
had a lot of people talk to me, which kind of surprised me, but want to know if we can do this every
summer, because they like it. The public likes it. And it may not be exactly the same scale, but | am in
accordance with Alderman Clemons on this and take the sunset clause out. If it becomes a burden later
on, we can always change it again, but right now, | think we need to give as much leeway to our
restaurants and businesses as we can to make them whole.

Alderman Laws

| was mistaken. The reason | didn’t say anything is because | was going to wait for this to go to
Committee and then talk about it there. Corporation Counsel is there any way that we could do a second
reading because this is something, it was brought to my attention by business owners. Not only is it
important to them because of the reasons the other Aldermen just mentioned, but now the distributors on
the other side of the coin have gone out and spent a ton of money on new umbrellas that they can give to
the business owners in Nashua. They are just going to be sitting on this inventory until we get this
passed. Therein lies the rub, you know. So if there’s any way we can get this expedited, | would be fully
in support of that. Thank you.

President Wilshire
We can’t have a second reading because we still need to have a Public Hearing.

Attorney Bolton

And you need a recommendation from the Planning Board. If the Planning Board recommends against it,
it will take ten votes. If the Planning Board recommends in favor, a simple majority.

Alderman Laws
Thank you for clarifying.

Alderman Lopez

Yeah, | am hugely in support of this. | think the umbrellas are important both from an amenity’s
perspective. Last Saturday after the Black Lives Matter, | tried to go to Peddlers and got completely
rained on. So it’s interesting having banners and masks in like a typhoon. So it’s definitely going to affect
the customer experience, but it is also getting into the hot season, like there’s going to be a lot of sun out.

Board of Aldermen 6-09-2020 Page 24

So | think it’s a really good idea for us to start thinking about those things too in making sure that people
are being shaded as much as possible. So |’m in favor of both Alderman Clemons’ amendment to remove
the sunset period and then expediting this as much as possible.

President Wilshire

Thank you, Alderman Lopez. Alderwoman Kelly?

Alderwoman Kelly

| don’t need to speak anymore, thank you.
Alderman Tencza

Thank you, Madam President. So I’m very much in favor of making this amendment for this year. | do
worry that if we make the amendment to make this a permanent Resolution or Ordinance for the City that
there will be more opposition to it going forward. | think we will have plenty of time between November and
April where there are very few people on Main Street who are sitting under umbrellas, to come back and
to make a permanent change if this is a good move for the City. So | think we should move forward with
the Ordinance as drafted and then we will have plenty of time over the winter in order to re-address it, hold
Public Hearings and make good policy for next year.

Alderwoman Lu

| agree with Alderman Tencza. | think that a temporary solution to the financial difficulties it is great having
but | would not want it to be permanent. Thank you.

President Wilshire
Thank you, is there any further discussion on the motion to amend? Alderman Jette?
Alderman Jette

Could |, through you, ask Corporation Counsel if this Ordinance is not amended tonight, can the
Committee or can the Full Board, the next time the Full Board gets it, amend it then without having a
repeat of the Public Hearing or does this amendment have to be made tonight in order for it to go through
the Public Hearing and proceed?

Attorney Bolton

| would say it is significant enough that if the Public Hearing proceeds on the basis that this is a temporary
measure, and then it is amended to make it permanent, | believe a Public Hearing on that basis, on the
new proposal would be in order.

Alderman Jette

OK thank you.

Alderman Dowd

If we amend it now and it goes forward, we can always get it back. If the Planning Board doesn’t like the
fact that it is not just temporary, they can come back with a recommendation that we make it temporary.
And we can change it at the Committee Meeting after the Public Hearing if there’s not a lot of opposition to

it, we can just leave it as is. If it comes back to the Planning Board with them saying, “hey it is fine, just
keep it”.

Board of Aldermen 6-09-2020 Page 25

But again, they can come back with a recommendation to not make it permanent just do it for this year
and readdress it later. So if we do it now, it is a saving step as far as time is concerned and the season is
moving really quickly. In New England we don’t have long summers.

The other thing is having been in Europe a lot in the summer, | can tell you every City, every town, all the
restaurants are outside and they have huge umbrellas because that’s their business. They don’t have a lot
of inside seating; they do most of their business in the summer under those umbrellas. And quite frankly |
think it adds to the character of those towns in Europe. So | don’t see it as a detriment.

President Wilshire
The motion before us is to remove the sunset clause. Alderman O’Brien.
Alderman O’Brien

Madam President, thank you. Just to my fellow colleagues, | did a lot of legwork on this. And it seems
that when this came out, a lot of misinformation — | had heard that it had to do with the State Liquor
Commission, that is untrue. | did some research, looked at Manchester and other communities, from what
| can see, we are the only municipality in the State that has this type of restriction, in looking at it. And
then | did a lot of talking with the principals, people who own restaurants and stuff like that downtown. |
also talked to their distributors who would provide a cover, well the principals with those umbrellas. And
like it was brought up, people who own a restaurant or something have taken a hit financially. And as
what Alderman Dowd has said the cost of some of the umbrellas, some of these distributors are willing to
pay — good quality umbrellas. They are good and the reason they are good quality is because they have a
logo on it and that particular distributor does not want that umbrella flying down Main Street or something
happening to it. So | feel comfortable, to me this is a very short summer and as somebody else has
brought up and | wouldn’t mind a second reading. But | am going to support the Clemons’ amendment to
this to try to get it through in its entirety because unfortunately it is something that should have never
entered into our community to begin with. We could have been as typical as any other town in New
Hampshire and not even be debating this particular issue. So | am going to support the Clemons’
amendment. Thank you.

Alderman Jette

| have two things, number one — again to Corporation Counsel is what Alderman Dowd true that if we
remove the sunset provision and it goes to the Planning Board and the Planning Board wants the sunset
back that we could amend it then without a public hearing, number one? Could you answer that please?

Attorney Bolton

| don’t know that that’s what Alderman Dowd said but if he said that | would disagree. | think if you change
it from temporary to permanently not prohibited or in the opposite direction, they are two different things
and you have to have a public hearing on the Ordinance that you pass.

Alderman Jette

So as | read this Ordinance, it says that the Ordinance currently shall not be interpreted as to prohibit any
umbrella, awning or canopy displaying advertising signage in connection with outdoor dining as long as
vehicular or pedestrian traffic is not obstructed thereby. This does not contain any limitation on the size of
the advertising, doesn’t contain any limitation on the product that might be advertised. So you could have,
| don’t know if there’s something else that would prohibit tobacco companies from advertising on these
umbrellas or vaping companies, you know, that type of thing. These are all things that would be vetted
and talked about in Committee. But if the Committee decides to add a further restriction to the advertising,
whether it be size or the products or whatever, would that require additional public hearing, if | could ask
Corporation Counsel that question.

Board of Aldermen 6-09-2020 Page 26

Attorney Bolton

| would say very likely, it’s hard to speculate without knowing the exact change, but anything very
substantive | think would require another Public Hearing.

Alderman Jette

OK, thank you.

Alderman Clemons

| just want to state again for the record that the purpose of pulling the sunset clause is so that businesses
can have the expectation that they can use these umbrellas when it gets nice again in April and May or
maybe even on those one off days that we get in March when it is nice outside. So that’s the idea here
and that was the way actually | had thought this Legislation was going to be drafted. So hopefully we can
move on and vote on this amendment.

Alderman Laws

I’m not sure if this is accurate, but just reading the words here, relative to the advertising signage on
umbrellas, awnings and canopies in connection with outdoor dining, | would think that would exclude

tobacco and vape shops, because they are not selling food. | may be right, | may be wrong, Corporation
Counsel?

Attorney Bolton

| think the Ordinance as I’ve written it does not restrict what products, what kind of advertising or anything
else and frankly that was intentional. | think if you get picking and choosing on content, you run into First
Amendment issues that will complicate this to a large extent.

President Wilshire

All set, Alderman Laws? Alderman Cleaver.

Alderman Cleaver

| agree with Alderman Clemons, | think we need to move on. | think duplicate the public hearing and make
it permanent again would waste time. | think we need to take the uncertainty away from the businesses so
they can plan forward with the certainty of next spring as well and ongoing. So | am ok with the
amendment.

President Wilshire

Any further discussion on the motion to remove the sunset clause? Alderwoman Lu?

Alderwoman Lu

Thank you, yes. My understanding is the way it is written it is a COVID-19 somewhat temporary (audio
cuts out).

President Wilshire

Alderman Lu, you are muted.

Board of Aldermen 6-09-2020 Page 27
Alderwoman Lu

Can you hear me better now?

President Wilshire

Yes.

Alderwoman Lu

| went to a different part of my house. It seems to me though there isn’t an end date on that Ordinance, am
| wrong on that? OH ok, my mistake. Well it is not being codified, correct. So why don’t we just take the
end date out and when COVID-19 emergency measures get removed then we will have to reconsider if
necessary.

Alderman Clemons

Madam President, that’s what we are doing, would be my answer to Alderwoman Lu. That’s what this
motion accomplishes.

Alderwoman Lu
Oh, thank you.
President Wilshire
Anyone else to remove the sunset clause? Would the Clerk please call the roll?
A viva voce roll call was taken which resulted as follows:
Yea: Alderman O’Brien, Alderman Klee, Alderman Dowd,
Alderman Caron, Alderman Clemons, Alderman Lopez,
Alderwoman Lu, Alderman Schmidt, Alderman Laws,

Alderman Cleaver, Alderman Wilshire 10

Nay: Alderwoman Kelly, Alderman Tencza, Alderman Jette,
Alderman Harriott-Gathright 5

MOTION CARRIED

MOTION BY ALDERMAN TENCZA TO ACCEPT THE FIRST READING AS AMENDED OF O-20-023
BY ROLL CALL, ASSIGN IT TO THE PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE
AND THE PLANNING BOARD AND THAT A PUBLIC HEARING BY THE BOARD OF ALDERMEN TO
BE SCHEDULE AT A LATER DATE VIA WEBEX MEETING

ON THE QUESTION

Alderwoman Lu

| have a question if you are going to ask questions.

President Wilshire

Alderman Lu.