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Board of Aldermen 6-09-2020 Page 28
Alderwoman Lu

Thank you. Through you to Corporation Counsel, is that correct, that this is not going to be a new,
codified Ordinance but rather a — (audio cuts out) understood what these, what the phrasing at the bottom
of these COVID-19 Ordinances does. So if you could just clarify that for me?

Attorney Bolton

Ok, the Ordinances that were passed prior to this one, that were particularly intended to only be
temporary, we have added this instruction to the City Clerk, that it should not go into the big black book of
Ordinances and basically bear the expense of putting them in and then getting them back out again when
they expire. We have said we are going to have a separate listing of these, when they expire, they will be
gone and we won’t have to put them in the book, take them out of the book, etc. This one, when it was
drafted to be a temporary measure, the same instruction to the Clerk were put in. Given the motion that
was made to amend, and that amendment passed, we will delete this instruction to the Clerk and we will
delete the November 15" language so that this will look like any other Ordinance that you pass this is
going to have semi-permanent effect.

Alderwoman Lu

Thank you, so | guess rather than relying on Alderman Clemons | should have checked with you before |
voted?

Alderman Clemons
Excuse me, President Wilshire.

Attorney Bolton.

It certainly is never inappropriate to rely on your fellow Board Members but | am happy to respond to
questions when they come to me.

Alderman Clemons

President Wilshire?

President Wilshire

Alderman Clemons.

Alderman Clemons

So the question that was asked was, why don’t we just make this so that it doesn’t expire in November but

when the COVID-19 is over we can discuss this again to see if we want to move forward with it, through
Corporation Counsel, does the way it is written now achieve that end goal?

Attorney Bolton

You can always propose other Ordinances to repeal an Ordinance that you have passed or to make
subsequent changes, providing that those are within your authority. But! think you will be in a situation
where it will have an open-ended, semi-permanent and it will be in that way until you vote to do something
different.

Board of Aldermen 6-09-2020 Page 29
Alderman Clemons

Right so if | could continue. So in other words, if an Alderman wanted to get rid of this in the future, they
could bring forward legislation to get rid of it?

Attorney Bolton
Yes. That is true of everything you do.
Alderman Clemons
Exactly, so | answered the question correctly. Thank you.
Alderwoman Lu
Thank you, Madam President. | just wanted to apologize to Alderman Clemons. | in no way meant to
offend you. | was just expressing that my question had been meant to get some information that perhaps |
misunderstood. So hopefully you don’t feel offended. Thank you.
President Wilshire
The motion before us is to accept the first reading as amended by roll call, assign it to the Planning &
Economic Development Committee and the Planning Board and that a Public Hearing be scheduled by
the Board of Alderman via Webex Meeting. Further discussion on that. 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,
Alderwoman Lu, Alderman Jette, Alderman Schmidt, Alderman Laws,
Alderman Cleaver, Alderwoman Harriott-Gathright, Alderman Wilshire 15
Nay: 0
MOTION CARRIED

Alderwoman Kelly

Yes before we go into Remarks By Aldermen, | was wondering if | could bring up a general discussion?
President Wilshire

Sure.

Alderwoman Kelly

Thank you. So | wanted to bring to the Board that | think that when COVID hit there was a lot of decisions
that we made for safety purposes, etc. We have gotten a number of e-mails around public comment and |
would like to see us do something in response to that. | think that we originally didn’t want people
gathering in large groups that come to Public Comment, that made a lot of sense in the moment. But we
also saw through the Public Hearing that there is an electronic way to allow people to bring forward their
public comment. And | think it’s very different to accept someone’s communication and put in on file than
to allow them to actually make a comment during the meeting.

Board of Aldermen 6-09-2020 Page 30
President Wilshire

Ok we will discuss that with IT and see how we can make something like that happen.

Alderwoman Kelly

| would really appreciate that.
President Wilshire

You’re welcome. Alderwoman Lu?
Alderwoman Lu

Thank you, Madam President. | was also going to ask to bring that thought up. Thank you, Alderwoman
Kelly, for doing that. | wanted to just speak to the public health situation, it required that we adapt a lot to
the ways of a meeting. And the IT Department did a great job with facilitating remove participation by the
City Staff and also the elected officials. | feel we haven’t done as well for the City residents who are
interested in speaking contemporaneously, their opinions and concerns. At times we have had meetings
with 30 or more people. So | know it’s possible. | understand that there’s a concern that we may receive
more interested people than we can handle on the bandwidth. But if this were to happen perhaps after
speaking people could leave and then someone else could call in.

But | also want everyone to consider whether a person that wants to give public comment needs to know
that on the Wednesday before the Agenda even goes out, because before they even see the Agenda,
they are being asked to provide public comment on — the Agenda comes out on Friday, correct? We are
asking them to provide public comment by the Wednesday before.

President Wilshire

We take Public Comment on things that we are acting upon. So that Public Comment wouldn’t come out
until after that Agenda comes out. If we refer it to Committee, we are not taking action on it during its first
reading, typically. We did that tonight a little bit but we don’t normally do that.

Alderwoman Lu

| thought that public comment was allowed on both new items and items being acted upon?

President Wilshire

Typically on our Agenda, yes. You can’t ask someone to comment on something that hasn’t come out yet.
I’m not sure ....

Alderwoman Lu

That’s what | am saying. If they were at the meeting. To ask them to know what they want to speak on
before the Agenda comes out, | think is too soon. We can certainly include items that were submitted on
the day of the Agenda, Public Comment. | think we should give some thought as to how late somebody
can submit their public comment for a meeting on Tuesday.

President Wilshire

We will take a look at it.

Board of Aldermen 6-09-2020 Page 31
Alderwoman Lu

Ok and to that idea | would like to offer to, there are letters that were not included in the public comment.
And | wonder if | could have 5 minutes to read one of them?

President Wilshire

That’s up to the Board? | mean if we start reading one, do we read all 50? Do we read 5, do we read 6, |
mean where do we cut the line?

Alderwoman Lu

Well | think it’s a serious consideration that we should give to allowing the residents to speak
contemporaneously, it doesn’t seem outside of the realm of possibilities. But thank you.

Alderman Dowd

Yes, this is something that we probably shouldn't try to decide tonight. This should go to a Committee;
somebody should bring it up and it should come up at Committee and then come back to the Full Board.
The other thing is when we are doing Public Hearings, we are limited, because we have no idea when we
are on-line like that how many people are out there. In order to get the meeting concluded at a
reasonable hour, we only allow 5 minutes. And to me, if somebody has a comment on something we are
talking about, 5 minutes is more than enough time to address their opinion. We have some people that
want to speak for an extended period of time. | would not be in favor or allowing that nor reading long
letters into the Agenda.

The other thing is that if we allow one letter to be read, it is not fair to anybody else that submitted a letter
to not read theirs. So we will be starting something that we would have an issue with. So | think that this

needs to go to a Committee. Somebody has to bring it up and talk about it at the Committee level, not at
the Full Board level right now.

Alderman Laws

| would have used different words probably but | was going to say exactly what Alderman Dowd said. So |
don’t need to speak. Thank you.

Alderwoman Kelly

Thank you and | appreciate everyone’s comments on this, | am taking this up, | would say that | find it a
little frustrating that in order to revoke the right to speak, we didn’t send it to Committee, but in order to put
it back in, we'd like to send it to Committee and draw it out. So | would like to see us, your original
response was, Let’s talk to IT and see what we can do. | don’t know why we need to complicate this.
People should be able to have a say in what we are doing and COVID is no longer an excuse to keep that
from happening.

Alderman Lopez

| would just suggest as Alderman Dowd said, | can see the concern, | have letters that | would like to read
too and | know that if we read one letter than we are going to get a lot of e-mails about why didn’t you read
this e-mail and why didn’t you read this letter? One of the reasons that we enacted this system in the first
place is so that the letters could be presented in their formal and official and exacting way. And also in a
reasonably expedient manner. That being said, | think each Alderman has a comment period where they
can make a brief public comment.

Board of Aldermen 6-09-2020 Page 32

| Know mine kind of pushed the envelope of brief but if it is important for Alderman Lu to identify
someone’s opinion and what it was, | feel like she could probably just summarize in maybe 30 seconds or
so instead of 5 minutes and just as a reference that she personally chooses to make. | agree with what
Alderman Dowd is saying, that we should have a Committee Meeting about this and | also appreciate
Alderman Kelly’s idea of having more of an open format integrated into our next meeting. So | would ask
that the President see if that could be a discussion that is brought up at an upcoming Committee Meeting.
President Wilshire

Thank you, Alderman Lopez. Anyone else?

Alderwoman Lu

| just wanted to say that | wouldn’t feel comfortable paraphrasing someone else. | suggested reading it
only because it didn’t get included in the minutes for one reason or another. And | just want to say about
the 5 minutes, | think part of the issue is that in the past we haven’t stuck very carefully to a time limit. It
just takes discipline and if that’s what makes this doable then that is what we should try to do, is to stick to
that limit whether we like what we are hearing or we don’t like what we are hearing. Thank you.
Alderman O’Brien

Thank you, Madam President. We are on Remarks by Members of the Board of Aldermen? Correct?
President Wilshire

Apparently, we are. Alderman Kelly asked for discussion.

Alderman O’Brien

| would just like at this particular time, to offer my condolences to the family (audio cuts out).

President Wilshire

Alderman O’Brien, could we finish this conversation before we get into those remarks, I’m sorry.
Alderman O’Brien

Oh | thought we were in “Remarks” that’s why | asked.

President Wilshire

Alderwoman Kelly had asked for a discussion on this and we were going to wrap that up before we ask for
that.

Alderman O’Brien
OK.
President Wilshire

Sorry. OK Alderwoman Kelly, did you have something else to add?

Board of Aldermen 6-09-2020 Page 33

Alderwoman Kelly

No | just wanted to wrap it up and see if the pleasure of the Board, if we send it to Committee what
Committee it would go to and if we need a formal motion from me to do that?

Alderman Caron

President Wilshire? Yes, thank you. Personnel has an Ordinance or Resolution concerning Public
Comment and that was tabled because Alderman Dowd was doing some more checking. So if Alderman
Dowd has what he needs, we can certainly bring it up at the next Personnel Meeting which is the 1°"
Monday in July.

President Wilshire
Thank you, Alderman Caron. Alderman Dowd?
Alderman Dowd

Yes, | was waiting to get the final language on the revised Ordinance that we discussed way back in
Personnel from Attorney Leonard. | haven’t gotten that back yet; we haven’t pushed it because we sort of
changed the rules in meeting in Webex. But that can certainly be brought back up at that meeting and we
can talk about it more. And by the way, the 5 minutes has worked very well. | have a stopwatch that | use
for all the Public Hearings, including the City Budget and we haven’t had a problem yet.

President Wilshire

OK. What | will do is | will look into this further, how we can manage it, how we can get it done, what we
need to do to get it done and | will get a communication out to each of you by the end of the week. If that
helps?

Alderwoman Kelly

Yes President Wilshire, | would appreciate that, thank you.

President Wilshire

You’re welcome. OK Remarks by Members of the Board of Aldermen. Alderman O’Brien?
REMARKS BY THE MEMBERS OF THE BOARD OF ALDERMEN

Alderman O’Brien

Thank you, Madam President. | would just like to take this opportunity to offer the condolences to the
family of Leo Coutermarsh who passed away this week at the age of 90. | can’t say that | really knew the
gentleman but | think some of the longer-term members of the Board, possibly may have known him. But
he was a Ward 4 Clerk, Ward 4 Alderman and also served as Alderman-at-Large and also was Chairman
of the City Democratic Committee. So | guess in his 90 years he did do a lot of good things for the City
and | just, again, wanted to express my condolences to the family on his passing. Thank you.

Alderwoman Kelly

Thank you, something a little bit lighter here, it is getting to be spring. If people were taking advantage of
the backyard chicken Ordinance like myself, I’ve got four chickens, they are fabulous. We are getting to
the age where you might know whether they are roosters or not. So there is a guide that was put together
by Community Development to talk about what to do with those roosters.

Board of Aldermen 6-09-2020 Page 34

Because if they go to the Humane Society, they have to do a blood test and they end up having to stay
there for a number of weeks. So if you have chickens and you find a rooster, feel free to reach out to me, |
can send it to you directly but it is on the Community Development Web Site and it has a list of various
sanctuaries that you can bring your rooster to. Thank you.

Alderman Klee

Thank you, Madam President. | would like to send my condolences to the Slattery Family of their recent
loss. | know that it has been going on quite awhile with him being ill and so on but it’s — whether expected
or not it is never easy and especially during this kind of a pandemic. | know it was very difficult for the
family to go through something such as that. And | want to send out my condolences.

| also want to comment about the vigil that was had. One of the things that | noticed as | looked around
that there wasn’t a person without a mask on. As crowded as it was, there were people that were
maintaining social distancing and it was just quite amazing. And | just want to say one other thing. |
recently did a food drive at the Hannaford’s off of Exit 6. We started at where the entrance was and | was
lining up the filled baskets of food and | said | wanted to get to the other entrance so the whole width of —
we made it about two thirds of the way. We had 21 carts of food and there were people that were driving
up filling up an entire cart with food that they had bought at Hannaford’s, Costco, there’s other grocery
stores. Nashua’s generosity is extraordinary and | am so proud to be a resident, not just an elected official
but as a resident here in Nashua. And | just want to thank everybody that turned out that day. Thank you.

Alderman Lopez

First, | just want to | think it bears repeating that anybody who owns a chicken and takes care of a chicken
is technically a chicken tender. And then secondly, | wanted to encourage the public to participate in the
ASAP, Asymptomatic Spread Assessment Program that Governor Sununu and the State is promoting. |
called him on Sunday because | worked Emergency Room discharges, | worked with the homeless, so |
am probably patient zero and | don’t want to be. So | took the opportunity to try to apply on-line for the
test and | immediately got a call back like within just a couple of hours. And | don’t have transportation to
some of the testing sites that were identified and | know that some of the residents likely don’t have
transportation either. They will work with you. They will send a Visiting Nurse if you need it. So you can
get tested and they can help you with transportation which | think is a really thoughtful and important thing.

One of the missing pieces of data in order to establish exactly what COVID-19 is doing in our community
is more broad scale testing. So this is not only a way for you to know how to manage your interactions
with your own family and social groups, but it is also a way to contribute to more safely reopening, better
tracking of spread and that kind of stuff. And the Web Site for that is NH.GOV/COVID19 — for once they
made an easy website. And that’s it.

Alderman Harriott-Gathright

Condolences to Melvin Rowlett which is some of you | believe you know Sharon Rowlett that worked at
the Diversity Office at Rivier for many, many years, her father passed with the COVID here. And also to
(inaudible) she lost her first cousin to the disease as well. So just keep those families in prayer. And |
want to thank the Police Department, the DPW, the Parks Department. It was really just for minute
planning, that was just a combination of the City coming together to make sure there was a successful
vigil. So | appreciate, not just the people who attended and Congresswoman Annie Kuster attended and
was well received as well. So just for the City coming together for a moment of clarity and a moment of
support and in solidarity. Thank you.

Board of Aldermen 6-09-2020 Page 35
Alderman Clemons

Thank you, President Wilshire. | just wanted to briefly state that and put in my condolences to the Slattery
Family. It is a terrible loss and it is just made worse that it was with the COVID-19. So again, my sincere
condolences. And the other thing | just wanted to mention that it is nice to see my colleague Alderman
Laws back, | look forward to working with you and let’s have a great and happy summer moving forward.
Thank you.

Alderman Dowd

Yes, | didn’t go to the event on Saturday because of crowds and the fact that we are in a pandemic. But |
did have someone that was there taking pictures and sending information back to me. And | believe that
he had talked to Alderman Gathright and Gloria Timmins on my behalf in saying that it was an outstanding
event. It brought pride and gratitude and all the people who put it together and were part of it. It said a lot
for everybody that attended. And | think the message was very strong, very on point and very well taken.
So | want to applaud them for that.

Also | would like to thank Shoshanna Kelly for pointing out that there are places to send roosters other
than the Ward 2 shelter because we had issues before and it’s a $50.00 a day fine for them if they take a
rooster in. We need to change the Legislation to make sure they don’t go there. There are places that
have been identified by Community Development outside of Nashua that are ready, willing, and able to
take roosters. And | think that’s what Alderman Kelly was referring to and | appreciate that.

Alderman Laws

Well | just wanted to take the opportunity to apologize to all of you for not being here for a little bit and
thank you for your patience and kindness. | am happy to be back, | missed you all and let’s do this.
Thank you.

Alderman Tencza

Thank you, Madam President. | am a little slow on the draw here but | just wanted to echo the Mayor's
comments and other people’s comments as it relates to two women in particular for the event on Saturday
and that is Gloria Timmins and Alderman Harriott-Gathright. | think what is most impressive to me is that
their grandchildren were such a large part of the event on Saturday, such an impressive part of putting it
all together. They truly are an example to all of us as to how we should be talking to our children and
making sure that it is not just us who are leading the charge but as we get older for the younger
generation that is coming along as well in being leaders on these important issues.

And then also to echo Alderman Lopez’s comments earlier about Alderwoman Kelly and the great work
she has been doing on this issue, sharing her personal experiences which are never easy to do. But they
are taking those courageous stands and making sure that we are all better educated as a community. So
thank you to everyone involved.

Alderman Klee

Thank Madam President for letting me have a second bite at this apple. | just wanted to comment on the
chicken ordinance. | brought to the attention of a few people; we do have an issue with the ordinance we
do need to consider making a change to it. As it stands now our ACO the contract with the Humane
Society, they must bring any of the animals and this includes chickens to the Humane Society. The
Humane Society cannot move them for 7 days, they have to do a blood test before they can send them
anywhere. And as a result, they are there for 7 days and as Alderman Dowd said they could be fined
$50.00 a day for this and yet they can’t move them. We have to consider a different way, perhaps we
have to change the contract. | am not sure how we are going to do this. But we have to look forward to
that because it is a problem.

Board of Aldermen 6-09-2020 Page 36

As part of the animal, they call it the ADPAC and now I’m blanking on the Committee’s name but as an
alternate to that committee and him going to the meetings, it is an issue between the Humane Society and
our ACO, Animal Control Officer. So we do need to look into it and we do need to — and that’s why |
brought it to the attention of Alderwoman Kelly and so on. We have to take care of that issue. So thank
you.

Alderwoman Kelly

Thank you for making an exception for me too. So | have spoken to Director Marchant about this. They
don’t have a way of knowing exactly how many chicken coops are out there, because if it’s under 200
square feet you don’t have to get a permit. They’ve issued six permits for over 200 and they have had five
complaints and three have been taken care of. So | want to make sure, | think there are adjustments we
can make, | am totally open to new adjustments, but | want to make sure we are not over indexing on a
few complaints when ultimately it has been fairly successful from Director Marchant’s perspective.

Alderman Schmidt

Thank you, Madam President. | wanted to add my voice to welcome back Alderman Laws. He has been
so missed. Thank you for coming back to us. | too enjoyed the Saturday event, | was absolutely thrilled
because it was incredibly smoothly run, everything worked right from DPW moving the trucks in, to the
Police coming when they heard a noise, everything was perfect. And the one thing | learned, is that we
need to listen. We need to stop talking, we need to listen and | think that'll make the biggest difference in
everything we do. That’s all | needed to say, thank you very much.

President Wilshire

You’re welcome. Anyone else? | would just like to add my condolences to the family of Kevin Slattery.
Kevin was a very generous businessman here in Nashua. He did a lot of volunteering for the United Way.
He will be definitely missed. The vigil on Saturday was really terrific. I’d like to thank Alderman Gathright,
Alderman Kelly and everyone involved in that vigil. It was very moving and very well planned, went very
smoothly. So thank you all for that.

Committee announcements:

Alderman Tencza

Thank you, Madam President. PEDC will be meeting on June 16" at 7:00 p.m. to discuss various things
we have going on.

Alderman Dowd

Yes tomorrow evening we have a Public Hearing on two pieces of Legislation. One has to do with the
Fireman’s Contract and | believe the other one is having to do with authorizing the Mayor and City
Treasurer to borrow $2.5 million. So there are two Public Hearings and right after that we will be having
the Budget Meeting and voting on the two items that we had the Public Hearing on. We have 30 days
from today to take action on the Fireman’s Contract. So it will be coming up on the 23” along with the City
Budget. Thank you.

ADJOURNMENT

MOTION BY ALDERMAN O’BRIEN THAT THE JUNE 9, 2020, MEETING OF THE BOARD OF
ALDERMEN BE ADJOURNED BY ROLL CALL

Board of Aldermen 6-09-2020 Page 37
A viva voce roll call was taken to adjourn the Board of Aldermen meeting 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

The meeting was declared adjourned at 9:33 p.m.

Attest: Susan K. Lovering, City Clerk