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Board Of Aldermen - Minutes - 5/27/2020 - P5

By dnadmin on Sun, 11/06/2022 - 23:11
Document Date
Wed, 05/27/2020 - 00:00
Meeting Description
Board Of Aldermen
Document Type
Minutes
Meeting Date
Wed, 05/27/2020 - 00:00
Page Number
5
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/boa_m__052720…

Board of Aldermen 5-27-2020 Page 5
A viva voce roll call was taken to adjourn the Board of Aldermen meeting which resulted as follows:
Yea: Alderman O’Brien, Alderman Klee, Alderman Dowd,

Alderman Clemons, Alderman Tencza, Alderwoman Lu,

Alderman Jette, Alderman Schmidt, Alderman Cleaver,

Alderman Harriott-Gathright, Alderman Wilshire 11
Nay: 0
MOTION CARRIED

The meeting was declared adjourned at 7:12 p.m.

Attest: Susan K. Lovering, City Clerk

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Board Of Aldermen - Minutes - 5/27/2020 - P5

Board Of Aldermen - Agenda - 5/27/2020 - P1

By dnadmin on Sun, 11/06/2022 - 23:11
Document Date
Fri, 05/22/2020 - 17:55
Meeting Description
Board Of Aldermen
Document Type
Agenda
Meeting Date
Wed, 05/27/2020 - 00:00
Page Number
1
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/boa_a__052720…

SPECIAL BOARD OF ALDERMEN

MAY 27, 2020

7:00 PM Meeting is being conducted remotely in accordance with Governor's
Emergency Order #12 pursuant to Executive Order 2020-04

To access Webex:
https://nashuanh.webex.com/nashuanh/j.php ?7MTID=med37f1c09622 1143409433a7e905d5d6

Meeting number/access code: 718 669 011 — Password: iFu4SpvKX57

To join by phone: 1-408-418-9388 - Meeting number/access code: 718 669 071

If for some reason you cannot connect to Webex, please contact us at (603) 821-2049 and they will helo
you with connectivity. The public may also view the meeting via Channel 16.

PRESIDENT LORI WILSHIRE CALLS ASSEMBLY TO ORDER

PRAYER OFFERED BY CITY CLERK SUSAN K. LOVERING
PLEDGE TO THE FLAG LED BY ALDERMAN ERNEST JETTE

ROLL CALL
PUBLIC HEARING

0-20-0114

RELATIVE TO TEMPORARY AJUSTMENT TO SITE PLANS

Testimony in Favor
Testimony in Opposition
Testimony in Favor

Testimony in Opposition

ADJOURNMENT

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Board Of Aldermen - Agenda - 5/27/2020 - P1

Board Of Aldermen - Agenda - 5/27/2020 - P2

By dnadmin on Sun, 11/06/2022 - 23:11
Document Date
Fri, 05/22/2020 - 17:55
Meeting Description
Board Of Aldermen
Document Type
Agenda
Meeting Date
Wed, 05/27/2020 - 00:00
Page Number
2
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/boa_a__052720…

O-20-014

ORDINANCE

RELATIVE TO TEMPORARY AJUSTMENT TO SITE PLANS

CITY OF NASHUA

In the Year Two Thousand and Twenty

The City of Nashua ordains

The Director of Community Development or designee is authorized to approve administratively
the temporary modification of site plans to allow restaurants to provide additional outdoor
seating and to waive any provision of Chapter 190 of the Nashua Revised Ordinances for such
purpose. The director or designee may accept for purpose of review such plan or sketch deemed
by him or her to be sufficient for this purpose. Fee shall be charged for such review or approval.

This authorization and any approval issued thereunder shall not waive compliance with any
building code, fire code, health code, or any otherwise applicable provision of law.

This authorization and any approval issued thereunder shall expire on January 1, 2021 unless
extended by further legislation.

This legislation shall take effect following its passage.

The clerk is directed not to codify this ordinance in the Nashua Revised Ordinances but to
designate it as Covid-19 Emergency Measure No.1 and publish it and any subsequent emergency
measures on the city website.

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Board Of Aldermen - Agenda - 5/27/2020 - P2

Board Of Aldermen - Agenda - 5/27/2020 - P3

By dnadmin on Sun, 11/06/2022 - 23:11
Document Date
Fri, 05/22/2020 - 17:55
Meeting Description
Board Of Aldermen
Document Type
Agenda
Meeting Date
Wed, 05/27/2020 - 00:00
Page Number
3
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/boa_a__052720…

LEGISLATIVE YEAR 2020

ORDINANCE: Q-20-014

PURPOSE: Allowing the temporary adjustment of site plans by the
community development director or designee to allow for
greater outdoor seating at restaurants.

ENDORSERS: Mayor Jim Donchess
Alderman-at-Large Benjamin Clemons
Alderman-at-Large Lori Wilshire
Alderwoman-at-Large Shoshanna Kelly
Alderman Jan schmidt
Alderman Patricia Klee
Alderman Thomas Lopez
Alderman—-at—Large Michael B. O'Brien, Sr.
Alderman Richard A. Dowd

COMMITTEE Planning and Economic Development
ASSIGNMENT: Planning Board
Committee on Infrastructure
FISCAL NOTE: None.
ANALYSIS

This legislation enables the community development director or designee to modify existing site
plans to enable restaurants to provide additional outdoor seating.

This measure should be referred to the Planning Board and a public hearing scheduled.

Approved as to form: Office of Corporation Counsel

By: _/s/ Steven A. Bolton

Date: May 12, 2020

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Board Of Aldermen - Agenda - 5/27/2020 - P3

Board Of Aldermen - Minutes - 5/26/2020 - P1

By dnadmin on Sun, 11/06/2022 - 23:11
Document Date
Tue, 05/26/2020 - 00:00
Meeting Description
Board Of Aldermen
Document Type
Minutes
Meeting Date
Tue, 05/26/2020 - 00:00
Page Number
1
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/boa_m__052620…

A regular meeting of the Board of Aldermen was held Tuesday, May 26, 2020, 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 David C. Tencza 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 Governor's 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:

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

We are utilizing VWWebEx through the City’s IT Department for this electronic meeting. All members
of the Board of Aldermen have the ability to communicate contemporaneously during this meeting
through this platform, and the public has access to contemporaneously listen in to this meeting
through dialing the following number 978-990-5298 and using the password 273974. The Public
may also view this meeting on Comcast Channel 16.

b) Providing public notice of the necessary information for accessing the meeting:

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 at the Public Health Department.

c) Providing a mechanism for the public to alert the public body during the meeting if there are
problems with access:

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

d) Adjourning the meeting if the public is unable to access the meeting:

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.

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Board Of Aldermen - Minutes - 5/26/2020 - P1

Board Of Aldermen - Minutes - 5/26/2020 - P2

By dnadmin on Sun, 11/06/2022 - 23:11
Document Date
Tue, 05/26/2020 - 00:00
Meeting Description
Board Of Aldermen
Document Type
Minutes
Meeting Date
Tue, 05/26/2020 - 00:00
Page Number
2
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/boa_m__052620…

Board of Aldermen 5-26-2020 Page 2

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 Lopez, Alderman David C. Tencza, Alderwoman Elizabeth
Lu, Alderman Ernest Jette, Alderman Jan Schmidt, Alderman Skip Cleaver, Alderman Linda Harriott-
Gathright, Alderman Wilshire.

Alderman Brandon Michael Laws was recorded absent.

Mayor James W. Donchess, Corporation Counsel Steven A. Bolton, and Tim Cummings, Economic
Development Director were also in attendance via teleconference.

Alderman O’Brien
| am present and | can hear, | am alone and | am practicing social distancing.
Alderman Klee

| am here, | am alone at the moment, | am practicing distancing, my husband and greyhounds are in the house
and can always make an appearance. Thank you.

Alderwoman Kelly
Good evening, | am here, | can hear everyone. | am alone and | am practicing social distancing.
Alderman Dowd

Yes, | can hear everyone and | am by myself, practicing social distancing in accordance with the Governor’s
Order.

Alderman Clemons

Yes, | am here, this evening | am staying at home due to the Governor’s orders and | am participating via cell
phone because | had trouble connecting through WebEx. | am by myself, thank you.

Alderman Lopez

Yes, | am here, | am alone, | am social distancing and | can see and hear everything well, the usual.
Alderman Tencza

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

Alderwoman Lu

Yes, | am here, | am alone, | am practicing social distancing.

Alderman Jette

| am here, | am alone in the room, | can hear everyone and | am staying home in accordance with the Orders.
Alderman Schmidt

| am present, | can hear everyone and the only thing with me is a parrot, otherwise | am alone.

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Board Of Aldermen - Minutes - 5/26/2020 - P2

Board Of Aldermen - Minutes - 5/26/2020 - P3

By dnadmin on Sun, 11/06/2022 - 23:11
Document Date
Tue, 05/26/2020 - 00:00
Meeting Description
Board Of Aldermen
Document Type
Minutes
Meeting Date
Tue, 05/26/2020 - 00:00
Page Number
3
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/boa_m__052620…

Board of Aldermen 5-26-2020 Page 3
Alderman Cleaver

| am here and | am practicing social distancing according to the Governor’s Orders and | am alone.
Alderman Harriott-Gathright

| am present, | am alone and | am practicing social distancing and | can hear you.

Alderman Wilshire

| am here, | am practicing social distancing, | can hear and | am alone.

Alderman Caron

Can anyone hear me?

President Wilshire

Alderman Caron?

Alderman Caron

| am here, | am sorry | could not get on-line, but | am here, | am alone and | can hear everyone, thank you.
Susan Lovering, City Clerk

President Wilshire, you have 14 in attendance.

President Wilshire

Thank you. Mayor Donchess, are you with us this evening?

Mayor Donchess

| am Madam President.

President Wilshire

Do you wish to address the Board?

REMARKS BY THE MAYOR

Mayor Donchess

Yes, | would, thank you very much. Of course there are a few things that | wanted to talk to you about tonight,

Madam President. First of all, COVID-19 — currently Nashua has, | thought I’d give you a very brief update —
about 386 cases, positive cases as of this morning. Many of those people have recovered; unfortunately 12
people from Nashua have died. This leaves us 75 active cases. Our public health nurses are, of course,

working with those patients as well as doing to the contact tracing which we have talked about before. The

public health nurses identify all of the people who have contact with a positive patient and then counsel, instruct

those contacts as to how to proceed in terms of quarantining themselves and making sure that they do not
spread the virus or make sure that they determine that they don’t have the virus before they go out into the
public or encounter any other people.

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Board Of Aldermen - Minutes - 5/26/2020 - P3

Board Of Aldermen - Minutes - 5/26/2020 - P4

By dnadmin on Sun, 11/06/2022 - 23:11
Document Date
Tue, 05/26/2020 - 00:00
Meeting Description
Board Of Aldermen
Document Type
Minutes
Meeting Date
Tue, 05/26/2020 - 00:00
Page Number
4
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/boa_m__052620…

Board of Aldermen 5-26-2020 Page 4

We continue to see more cases every day, although that number has slowed down. New Hampshire seems to
be doing pretty well. But | have to say that it has been a big thing that we’ve done together, Madam President,
and all of us have contributed. Of course on the front lines are our public health nurses and those who are
engaged directly with fighting the virus. You have seen that our Public Health Department along with the State
of New Hampshire has been testing people regularly at various clinics around the City. But also, all of the
people who have contributed to making sure that we contain the virus as much as we possibly can. That, of
course, includes the Board of Aldermen, you’ve been as (audio cuts out) as you could be as far as appropriating
money to make sure that we can keep people at City Hall safe and all of our employees who are out with public
contact, making sure they are fully protected or at least to the maximum we can provide.

Also you, of course, helped with the mask ordinance and other steps that we have taken. So as we look back
on this Madam President, | believe we will agree and realize that we have saved lives and we will look back and
be proud of our community for everything that we did by working together.

Now we are not out of the woods yet, though, we are beginning the re-opening of the economy. Economic
Development Director Cummings has worked very hard as have many staff people with our downtown business
community in terms of enabling the outdoor seating in the one travel lane on each side of the street as well as
on the sidewalks. So far that seems to have gone very well; people are very pleased and certainly the number
of diners has increased substantially over what it would have been had the Board of Aldermen not authorized
that step at the last meeting. So | want to thank you all very much; but we still need to be cautious because as
people begin to come out more and they gather together, they need to be careful. They need to wear masks
and make sure that we continue to limit the spread of the disease. Our Public Health Department and others
warn that as the economy gradually opens, there could be a spike in cases, which needs to be dealt with
through, again the contact tracing and cautious steps in terms of full opening.

But we here in Nashua, and | am sure at the State Level, they are evaluating all of the evidence, the facts, the
scientific information, the opinions of the medical experts in deciding how to proceed and at what pace to
undertake the return to some form or normal; although we know never be fully, probably not for a long time,
exactly as we were before. So | want to say, Madam President, that the COVID-19 effort is going very, very
well. And | know you are all interested too, | wanted to lead off with that.

| wanted to mention, Madam President, that Dottie Oliver, who you probably knew, you might have seen the
obituary, she passed away recently. Although she moved to Durham and has not lived in Nashua for quite
some time, she was a very, very significant Nashuan. The very for that was that in addition to many other things
that she did, she found the Adult Learning Center and was the driving force behind getting that going and was
the Director for the first dozen or so years. In those days, they did not have initially a home and the Crowley
Street School, which is where they are now and | think Alderman Dowd, | am sure he is familiar with that school
and Alderman Dowd may have actually gone there, | forget wnat Elementary School you went to. But that
school had closed, so the City as a result of the very effective and important efforts of Dottie Oliver, transferred
the building to the Adult Learning Center for $1.00. Now since those days, “they” the Adult Learning Center,
has made considerable improvements, they upgraded everything. They have a done a fantastic job in adult
education, with all of the programs they run. Mary Jordan exceed Dottie and was a long-time Director and now
we have Carol Baldwin and she also has done a very good job. So Dottie is the first in a line of Directors of that
institution that have done very important work for Nashua and for any adults, particularly those who need
education and those who need a hand at the beginning of their careers.

| thought also, Madam President, | think | need to mention one item that is on the Agenda for the meeting and
that is contract for firefighters. Now we all, of course, we all like the firefighters, we all respect the firefighters,
but | have to be straight-forward and say that | don’t believe that the City can undertake a contract like this at
this time in the midst of what we anticipate will be significant economic issue. Now | know that many people
support the firefighters as | do. | have closed contracts with them certainly in the past and have been glad to do
so. But looking at what we have been presented with, the average is a 4% raise, if you list at the costing sheet
for 4 years compounded 17%. That would be in place by July 1, 2022 or a little over two years. Now the
problem of course is that we don’t know what we are facing economically.

Page Image
Board Of Aldermen - Minutes - 5/26/2020 - P4

Board Of Aldermen - Minutes - 5/26/2020 - P5

By dnadmin on Sun, 11/06/2022 - 23:11
Document Date
Tue, 05/26/2020 - 00:00
Meeting Description
Board Of Aldermen
Document Type
Minutes
Meeting Date
Tue, 05/26/2020 - 00:00
Page Number
5
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/boa_m__052620…

Board of Aldermen 5-26-2020 Page 5

We have, right now, we have more than 8,000 people who filed unemployment claims in Nashua.
Unemployment claims and they are out of work. Those are just people who are working for New Hampshire
businesses. The people who are out of work who had been working in Massachusetts are not included in those
numbers, so conservatively we can say that right this second there are 10,000 people out of work right in our
community.

Now the full economic effects of that have not been felt yet, because the Federal Government in spending what
trillions of dollars is providing, one thing they are trying to do, one thing that is a good thing that they are trying
to do is provide $600.00 per person, per week for all the unemployed people. But that ends soon. That ends in
July. We don’t know what we are facing down the road from that. Many cities around New Hampshire actually
and around the country are actually laying off and furloughing employees. We have been lucky to avoid that so
far. But we need to contain costs and be cautious as we go into the next year and years that follow. All the
people, all the economic experts here in New Hampshire, those who understand the New Hampshire Property
Tax, predict that the major impact will not be now, or even especially in the first part of Fiscal ‘21 but will be in
the year further on into the year and Fiscal ’22 and ’23. If we build non-sustainable budgets, that drive a
Department up basically 17% in two years, | just don’t think that’s, | Know that we cannot sustain that and that
we cannot afford the kind of tax increases that would result.

We know that others will be looking for the same kind of contract if it is granted to one employee organization.
And again, Madam President, | mean | know that we as a group, | know the Board of Aldermen have many
personal friends that are firefighters. We have had a good relationship with them over the years. | don’t like
having to say this, but | believe it is my responsibility to the entire community to do so. We cannot build non-
sustainable budgets that we just can’t support in the years to come. So | don’t want to elaborate further, but |
wanted to be forthright, put it on the table right at the beginning and let you know what | believe the picture
facing the City is. | know that if we work together, if we continue to right the virus, if we support the business
community as we have been doing, if we help the small businesses recover, maybe we won’t see — hopefully,
we pray we won't see a big decline in property values or that most people will get back to work quickly and the
strong economy that we had some months ago, pre-COVID19 will return. But we don’t and | am confident that it
will, but we don’t know when. It might take a while. So | want to be optimistic but | think we need to realistic and
cautious. In any event, Madam President, that’s what | have for you and | would be, of course, willing to answer
any questions if anybody has any.

President Wilshire

Thank you, Mayor. Responses to Remarks of the Mayor? Seeing none? Recognition Period.

RESPONSE TO REMARKS OF THE MAYOR - None

RECOGNITION PERIOD - None

READING MINUTES OF PREVIOUS MEETINGS

There being no objection, President Wilshire declared the minutes of the Board of Aldermen
meetings of May 12, 2020 and May 20, 2020 accepted, placed on file, and the reading suspended.

COMMUNICATIONS REQUIRING ONLY PROCEDURAL ACTIONS AND WRITTEN REPORTS
FROM LIAISONS

From: Laurie Ortolano
Re: Assessing Concerns and the Hiring of a Chief

From: W.R. Sutton
Re: Budget

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Board Of Aldermen - Minutes - 5/26/2020 - P5

Board Of Aldermen - Minutes - 5/26/2020 - P6

By dnadmin on Sun, 11/06/2022 - 23:11
Document Date
Tue, 05/26/2020 - 00:00
Meeting Description
Board Of Aldermen
Document Type
Minutes
Meeting Date
Tue, 05/26/2020 - 00:00
Page Number
6
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/boa_m__052620…

Board of Aldermen 5-26-2020 Page 6

From:

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Re:

Robert Guzas
PAC project

Laura Colquhoun
Need to put a hold on the Art Center

Laurie Ortolano
Pandemic muzzling of the public

Laurie Ortolano
Misapplied Mason Rules are used against the public

Jim Tullis
Outside renovations of the Arts Center

Donald C. Davidson, Board of Fire Commissioners
Board of Fire Commissioners Approval of the IAFF Local 789 CBA

Sue Newman
Ordinance O-20-018

Kim Kleiner, Administrative Services Director
Administrative Services Division/Nashua School District - Response to Budget Review
Questions — Grant Writer

Dave Winchester
Proposal for mandatory face masks

Adam A. Marcoux, President, Nashua Teachers’ Union
Approve the Board of Education’s Request for a 2.25% increase in the FY2021 Budget

Joshua Twohig
Mask Mandate

Linda McGhee, Deputy Planning Manager
Referral from the Board of Aldermen on proposed R-20-028, authorizing the City of Nashua
to enter a Master Development Agreement with Lansing Melbourne Group, LLC.

Linda McGhee, Deputy Planning Manager
Referral from the Board of Aldermen on proposed R-20-033, authorizing the Mayor to
execute a confirmatory deed to Pennichuck Water Works

Tammy Cates
AGAINST mandatory mask requirement

Marcy Norse
Masks

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Board Of Aldermen - Minutes - 5/26/2020 - P6

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