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Board of Aldermen 5-26-2020 Page 27

Attorney Bolton

| don’t think you would be fooling the American Civil Liberties Union or a Federal District Court Judge at all.
It’s not so much this time, it is what happens next time, when a Jewish Organization is turned down, or a
Hindu Organization is turned down, or a Muslim Organization is turned down. That’s what | would be worried
about. | don’t think some kind of short window just to allow Bishop Guertin to do it is going to fool anybody.

Alderman Jette

OK follow up. I’ve never had any good experience fooling a Federal Judge and | don’t want to try now. | just
want to answer some of things, some of my fellow Aldermen may have misunderstood what | was saying
about the Fire Marshall, not having the discretion to turn anyone down, other than if he feels that what they
are proposing is unsafe. | understand the Fire Department, you know Chief Rhodes, you know | understand
how seriously they take the safety and that’s not the issue. The issue is that generally speaking this
Ordinance the issue that people, | think, a lot of people don’t like the noise. It’s the noise that is the problem.
| am sure that the Fire Marshall will make sure that any display complies with all of the safety rules, it’s the
noise that irritates people. And when Chief Rhodes talked about how this would be limited because
organizations cannot afford the insurance, | want to point out to him that the insurance policy that is being
provided in this instance is being provided by the fireworks company, not Bishop Guertin, it’s the fireworks
company that has submitted the Certificate of Insurance to cover the insurance. That fireworks company,
you know, they have insurance in place, and they would be able to issue that same Certificate of Insurance
for as many organizations that area willing to pay them to put on a fireworks display.

| just think that the problem with this is that there are a lot of questions. | like the idea of some of my fellow
Aldermen talked about, you know, let’s bring this back to Committee and fully vet it, but we will allow it to go
head to allow Bishop Guertin. I’m just, that doesn’t take into account that citizens in that neighborhood, that
surround Bishop Guertin, we don’t know, hopefully they are all looking forward to this show if they know
about it. They probably don’t know anything about it. We didn’t know about this until this afternoon. So |
doubt that the people in that neighborhood, | would love to learn that Bishop Guertin itself went around and
talked to the neighbors and told them about their plans and asked them what their reaction was. | would
love to hear that. But right now, | don’t know that, | don’t know how the neighbors feel about this. And | just
think it is a bad precedent which just files in the face of a number of years of policy that we’ve had in Nashua
about fireworks displays and fireworks shows. So | still can’t vote for it, thank you.

Alderman Lopez

Well just in respect to the comments that just made, since we are the ones granting a permit in theory here,
it would probably be appropriate for the City to alert using the Emergency Alert System or some kind of
mechanism to inform residents that this is going on. Because you don’t want to startle them, but it’s also an
8-minute show. | think if people had a little bit of warning, they could probably endure it. | had a question to
Attorney Bolton; do you happen to know if Bishop Guertin is a 501(c)3?

Attorney Bolton

| don’t know that. | think they are probably exempt from taxes under other provisions of the law. But! don’t
know.

Alderman Lopez

| just had the idea that we maybe we could limit this to 501(c)3, that way we sidestep the whole religious
organization angle. But in a practical sense, trying to find out if they are a 501(C)3, doing all that in a week
is not likely to happen. So just an idea.

Board of Aldermen 5-26-2020 Page 28
President Wilshire

Are you all set, Alderman Lopez?

Alderman Lopez
Yup.

President Wilshire
Alderman Klee.
Alderman Klee

| have been sitting here thinking and going back and forth and saying | trust our Fire Department and so on.
| have anxiety about opening up a Pandora’s Box. | think | have to vote “no” against this. And in deference
to Alderwoman Lu and her constituents there. | know what it is like to live with Holman Stadium in your
backyard and the fireworks display and so on and what it does to some of the neighbors. My fear is that
someone would say, we want to do a fireworks display and can we have it at Holman Stadium. It’s a big
enough place, we always do it there and so on. | really do, | have anxiety that this is going to end up literally
in my backyard and | can’t see it. | feel horrible because | want these kids to have a wonderful, special, they
are truly, truly a special group of graduates, but | just can’t do it. | can’t open up that Pandora’s Box and |
know Ward 3 will suffer for it because | know it will happen at Holman Stadium, | just know it. So | can’t vote
for it. Thank you.

President Wilshire
Anyone else? Alderman Clemons?
Alderman Clemons

Thank you. | too am a resident of Ward 6 and | live right down the street from BG, | drive by every day. |
saw them kind of setting up this afternoon. | think what Alderman Lopez said about maybe using the
emergency management system to call people or just somehow getting in touch with the neighborhood |
think would be a good idea. As a neighbor, | am kind of exciting for it, | might even go down and watch my
show myself if we do allow this. So just one Ward 6 constituent perspective.

President Wilshire
Anyone else? Alderman Klee.
Alderman Klee

| guess | have two comments about what was just recently said. One is, if we do send an emergency call
out there it is still after the fact; we are telling them to prepare themselves for it for this thing to happen, and
that’s one. And just what Aldermen Clemons just said, | may go out and watch it myself, which means we
could end up with a crowd. So just putting it out there again, thank you.

Alderwoman Kelly

Thank you and | appreciate the debate on this. | currently am struggling with supporting this right now and in
its current state, | don’t know feel OK supporting it. | don’t want to be punitive to the students, | know it has
been a rough number of months for a lot of people. But | want to make sure that if we are making sweeping
changes to Legislation that is being vetted and is being vetted properly through the process. | think there’s a
difference between suspending the rules to get aid quickly to people and suspending the rules in this case,

Board of Aldermen 5-26-2020 Page 29

to open up as has been said, a Pandora’s Box in this City going forward. So | will not be supporting it in this
current state. But | am open to suggestions from other Aldermen.

President Wilshire

Anyone else? Alderman Cleaver?

Alderman Cleaver

Yes, | am very much in favor of this. | would like to see it passed so they can go forward with their
celebrations. | agree that it needs a lot of work and | would like to bring it back just as soon as possible to
address all the fears and concerns that have been addressed here tonight. But! think our first and foremost

responsibility is for us to get these kids a graduation and a celebration worthy of their efforts. And | would
like to pass it on and then deal with it later.

Unidentified Speaker

Sorry to interrupt but we have lost the bridge, this could be a minute.

Alderman Caron

Hello?

President Wilshire

We are recessed for a minute until they fix the bridge. The Motion is to move the question.

MOTION BY ALDERMAN CLEMONS TO MOVE THE QUESTION

A viva voce roll call was taken which resulted as follows:
Yea: Alderman O’Brien, Alderman Klee, Alderwoman Kelly, Alderman Dowd,
Alderman Clemons, Alderman Lopez, Alderman Tencza,
Alderman Schmidt, Alderman Laws, Alderman Cleaver,
Alderwoman Harriott-Gathright, Alderman Wilshire 11
Nay: Alderman Caron, Alderwoman Lu., Alderman Jette 3
MOTION CARRIED
President Wilshire
Madam Clerk, are we at motion for final passage?
Ms. Lovering
Yes.

President Wilshire

OK the motion before us is for final passage of Ordinance 20-019 by roll call. Would the Clerk call the roll?

Board of Aldermen 5-26-2020 Page 30
A viva voce roll call was taken which resulted as follows:
Yea: Alderman O’Brien, ,Alderman Dowd,

Alderman Clemons, Alderman Lopez, Alderman Tencza,

Alderman Schmidt, Alderman Laws,

Alderman Cleaver, Alderwoman Harriott-Gathright, Alderman Wilshire 9

Nay: Alderman Klee, Alderwoman Kelly, Alderman Caron, Alderwoman Lu,
Alderman Jette 5

MOTION CARRIED
Ordinance O-20-019 declared duly adopted.

PERIOD FOR GENERAL PUBLIC COMMENT - None

REMARKS BY THE MEMBERS OF THE BOARD OF ALDERMEN

Alderman O’Brien

Thank you, Madam President. | was going to apologize for my little outburst earlier but | am not. And the
reason is because those of you who are (inaudible) know, a conflict of interest is a lot different, a lot wider
than what exists on this Board. | know that this is highly prejudicial, | wonder if my son was a priest, could |
have voted on this last Ordinance because it has to do with a Catholic Organization? The point is this, | did
not (inaudible) my son’s (inaudible). | am capable | am responsible to the voters who have duly voted for
me. And if | do vote wrongly, | think the voters will have their say at the polls if they feel that there is
anything showing any type of conflict. So | am not going to really apologize, | am going to fight it, | will look
to prepare an Ordinance following more what is following on the State Guidelines, that many of you who
are former Representatives, who are currently State Representatives, currently follow in the State House. |
think we are all mature, | looked at some members of the Board, some of you came from other Boards such
as School Department. But you show no prejudice.

But this Ordinance, excuse me, this thing where | can’t and | have to recuse myself | think is highly
prejudice to me and to the voters who duly elected me. | am a fair guy, | think | could do it right and, in all
fairness, | think with the Fire Department, yeah that is my experience. | spent 10 years as a firefighter, 10
years as an Officer and 15 years as a Deputy Fire Chief. So 35 years, | think | paid my dues and | think
what is good and what is bad within the Fire Department. But this is limiting my ability to vote for it. And
also, too — in the Mayor’s remarks, | did note that | think the Mayor probably without any malice and I’m
sure it was without any malice but he said “17% at 4% for four years”. But from what | understand and from
my education and my experience on the Fire Department, | think it is actually and correct me if | am wrong,
3.5% at 14%. | don’t think | would have supported a 17% raise but the 14% seems to be accurate and
maybe the Mayor misspoke.

Attorney Bolton | am looking to perhaps maybe working with you in the future to change this inequity that is
prejudicial to anybody in the future that comes. Just because of what my son chose to do for a career that |
cannot vote, | find it entirely prejudicial and | am looking to change that. And then also too, while I’ve got
the floor, while we are changing some other really ideas and things that have happened in the past, | am
really looking forward to working with Alderman Ben Clemons if he so wishes. We’ve got to fix this
umbrella thing down on Main Street. | don’t know (inaudible) when we walk by Peddler’s Daughter that you
are going to see a Guinness Umbrella. OK? And | think that could be done, | mean | think anybody knows
that they are working by a barroom, | don’t think an umbrella is really going to cut the mustard there. So |
think we really need to look at that. So | thank you for your time in listening to my little diatribe, thank you.

Board of Aldermen 5-26-2020 Page 31
President Wilshire

Thank you, Alderman O’Brien, Alderman Tencza?

Alderman Tencza

Thank you, Madam President. | just wanted to mention as we know yesterday, we celebrated Memorial Day
as a day we recognize and remember all the service members we have lost in service to our country. In
the past, the Nashua Elks have displayed flags as a memorial in all the City Cemeteries for the veterans
who are there. Unfortunately this year because of the COVID-19 they were not able to do that and | just
wanted to recognize the group that was headed by Jackie Leonardi here in town and the Cub Scouts and
Boy Scouts that she works with in both fundraising to supply the flags and distributing them yesterday or
over the last weekend so that service could still be available to all the veterans and service members that
have been lost.

| also just wanted to say to the families in town who have lost a service member, thank you for your
sacrifice and as we start this unusual summer, you know, we will remember them in all of the things we can
be thankful for individually as we move forward. Thanks.

President Wilshire
You're welcome. Alderman Dowd?
Alderman Dowd

Yes, just a couple quick things. Sunday | was curious, | just took a ride downtown to see how the new set
up was looking and all of the restaurants, large and small, were fully seated at all their tables. All the
servers were wearing masks and people were having a great time. | am glad to see that the businesses
downtown now can recover some of the lost revenue. It may take a long time but it looked like people were
following the guidelines and enjoying themselves. Also, relative to the fireworks thing ending up at Holman
Stadium, if anybody wanted to use Holman Stadium, they would have to pay for the rent, they'd have to pay
the Police and they’d have to pay the firemen. So | don’t think that will be too often. And the other thing is
we have two Public Hearings on June 10" with the two Ordinances and one of them is the Fireman’s
Contract. We will have the Public Hearing and then go directly into the Budget Meeting afterwards and
take up those two pieces of Legislation. Also, on June 2, we will have our first wrap up session on the
Budget and if we don’t get anywhere, the next one will be the 4" and then we have, | believe, another one
the following week. So hopefully we can do it in one night but we will see where we are at. Thank you.

President Wilshire
Alderman Klee.
Alderman Klee

Thank you, Madam President. | wanted to also comment about the umbrellas. Over the weekend | was
bothering Attorney Bolton with my e-mails asking him why we couldn’t do this, and so on. | hope we can
work towards that if there’s an Ordinance | am more than happy to cosponsor that. | drove through
Manchester on Monday and every single place that was open had the umbrellas with different types of
liquors and beers and Guinness etc. on it. So | didn’t think it was detracting and under the circumstances,
to help support these businesses at $100.00 an umbrella and they can be donated, | think it’s the right
thing.

| also did want to talk about Main Street. | have been working with the United Way in giving out masks.
They have been doing City Hall up until today. Today they started City Hall and Railroad Square and they
will be there until the 31°", 10:00 to 2:00 every single day. | gave a record 1,250 masks away on Friday and

Board of Aldermen 5-26-2020 Page 32

today 786 at Railroad Square. The majority of people were grateful to get these masks and it is for
anybody within the family, so please go to right in front of City Hall or Railroad Square. | was there watching
all of the things happening on Friday with them putting in barriers and so on. There was a little bit of chaos
and | have noticed some chaos on Water Street. That’s about the only thing | can say and | know that they
are working on it and they are going to be moving some of those barriers on Water Street — at the Water
Street/Main Street exit. But it was a beautiful sight to see and literally warmed my heard. So | hope that
people go down and celebrate with social distancing and masks on Main Street. Thank you.

President Wilshire
Alderman Gathright?

Alderman Harriott-Gathright

There’s a family, | think it is one of these location, Smokey Lane | believe that’s the area, the McCullough
family, Elmina, she lost her husband at St. Joe’s. He had been there for about a month and he finally
passed away on Sunday. My heart goes out to the family; they've been residents of Nashua for about 40
years. They have one adult son that lives in Manchester. His name was Roy McCullough. And that’s
about it. Thank you.

President Wilshire

You’re welcome. Alderwoman Kelly?

Alderwoman Kelly

| wanted to talk about a couple of things. So if you have not seen the Pride Community has decided to go
forward with a Virtual Pride. We have been working diligently as a Committee to come up with what the
plan would be in COVID-19 Era, and we decided that it was important to still celebrate our LGBTQ
Community and so that will be happening June 27", from 2:00 to 4:00. It will be a live stream of the drag
show as well as other things. So you can go to the web site and check it out, hopefully we will get a good
group of people hopping on and enjoying that day. It will be a little different than the last couple of years
but | think it will still be a lot of fun.

| also wanted to talk about downtown. | wanted to thank DPW for how quickly they acted and this has been
a group of everyone coming up with creative ways of going about it and how quickly we were able to
implement it. ve seen a number of comments and articles talking about how we are sort of the baseline
that people are looking to us because we did that so quickly and we are supporting our downtown
businesses. So | thank people very much for that.

| was also contacted about the umbrellas. | am willing to support and vet the move to make an undue
hardship of these restaurants go away. So | agree with you Alderman O’Brien, | don’t think (inaudible) on
the umbrella is going to hurt. So | think we should look at that and definitely move that forward.

Lastly, | just wanted to say congratulations to all of our seniors. We have spent a significant amount of time
on Bishop Guertin, but all of our seniors are going through graduation of a very different setting and | just
want to make sure that they know we understand and celebrate their accomplishment. And then | would
just end with | want it to be clear that my “no” vote was not against the fireworks at Bishop Guertin, |
understand what they are doing. | just want to make sure as we continue to work, to where we are working
remotely and through this crisis, that we are being very discerning about what we decide to suspend the
rules on. Do we will still soend the time in Committee doing the work. So | know everyone feels similarly
but | just wanted to say that. And that concludes my remarks, thank you.

Board of Aldermen 5-26-2020 Page 33
President Wilshire

Thank you. Alderman Jette.

Alderman Jette

Thank you, Madam President, | think that we’ve had a long tradition of allowing public comment at our
meetings, which we had to unfortunately suspend because of the way we are doing meetings now. But we
recently had the public hearing on the Budget and | thought Alderman Dowd, as Chairman of the Budget
Review Committee, did a great job at that meeting, the public was able to speak through the WebEx
System, just like we are able to speak now at these meetings. | think that showed me that we are capable
of allowing public comment even though we are doing these meetings in this new format. | would like to
recommend that we restore the public comment periods as provided in Section 5:14A, subparagraph 9A
and 16. | would encourage you, Madam President, to talk to the IT Department about whether or not that
can be done. | think the Budget Review Public Hearing showed that it can be done. And so | would
encourage us to explore that with the IT Department. Thank you.

President Wilshire

Alderman Lopez?

Alderman Lopez

So with respect to the idea of public comment, | would like to hear or see some kind of solution to that too. |
would be concerned about the bandwidth because I’ve noticed that both President Wilshire and Alderman
O’Brien are on limited bandwidth with a little like alert mark next to them. Is this OK with me? Because |
think | just watched Alderman O’Brien low his nose in low Resolution. But! wanted to additionally express
my gratitude towards the people of Nashua for putting up with basically all the stuff going around with
COVID-19. We talk about the Public Health Professionals, we talk about the First Responders and how
they are putting themselves in the lines, but the everyday Nashuan has accepted enormous discomfort out
of the thoughtful of others whether it is struggling with your children to make sure that they can pass a
completely reinvented school system; doing homeschooling, whether it is struggling economically to figure
out how to make ends meet under completely new circumstances or simple things like pulling together to
make and produce masks.

After last week’s meeting, | was aware that there was a protest that was going to be held on Saturday night
that was being organized by anti-mask protestors. | was in the area so | stopped by to talk to some of them
and they were passionate, they disagreed specifically with me when | identified myself as a sponsor of the
mask ordinance. But they were civil and they, as much as we disagreed where they were coming from,
they were involved, they were sharing their opinions and they were doing something to exercise their
Constitutional Rights in their own type of passion. So | appreciate that. And then the next day | was at the
mask give out event for United Way at City Hall. | agree with the umbrella proposal because | got
sunburned pretty bad. But | was very impressed with how many people came by and took masks not for
themselves but for their loved ones, shared that they were really concerned and they were trying to make
sure they could go shopping safely. | asked Latha Mangipudiif she had any of her homemade face masks
through the New Hampshire Maskateers and she was able to have 100 of them right on the spot. So | am
just really impressed with how people are pulling together in their own ways., whether it is making sure that
we support each other in this current time of COVID-19 or whether we support each other and making sure
that we do transition from this time because these times can’t last forever and we do need to ger the
economy back on track. We have to do it in a way that’s safe for all of our residents. But | think in Nashua,
everybody is doing their best to look out for each other, even if they don’t all agree on the way, we are a
community that cares about each other. Thank you.

Board of Aldermen 5-26-2020 Page 34
President Wilshire

Thank you. Alderman Dowd?

Alderman Dowd

Just a couple of things quickly, at the last meeting | was over at the Planning Board and the Fairgrounds
Middle Schools Project has been approved by the Planning Board, but we had a 45-minute delay when we
lost the bridge. We lost the bridge tonight in this meeting. | think we should have the IT Department look
into having two call in numbers for people to call in because the 45 minutes almost required cancelling the
Planning Board Meeting. They are trying to catch up with cases. And the other thing is this Thursday is the
Joint Special School Building Committee Meeting. Just so everybody that is on that Committee please join
us at 7:00 on Thursday.

President Wilshire

So Alderman Dowd, you all need to speak when | ask for Committee Announcements then, right? | think
you just announced them all.

Alderman Dowd

| didn’t see it on the Agenda so | figured I’d jump ahead.
Committee announcements:

President Wilshire

It's there. Anyone else? Remarks that I’ve missed. Now I'll call for Committee Announcements all of you
except Alderman Dowd.

Alderman O’Brien

Thank you, Madam President, and thank you to Alderman Lopez for noticing with my allergies that | blew
my nose on TV. | appreciate the rudeness, Alderman, thank you. There is a meeting tomorrow night of
Infrastructure and PEDC jointly and at 7:00 and hope to see all of the people there, thank you.

Alderman Caron

Yes, thank you. Personnel will be holding a meeting next Monday, June 1* at 7:00 to discuss the two
appointments that the Mayor has brought forward today. Thank you.

President Wilshire
Any other Committee announcements, Alderman Dowd? Ok. Alderman O’Brien, do | have a Motion?
ADJOURNMENT

MOTION BY ALDERMAN O’BRIEN THAT THE MAY 26, 2020, MEETING OF THE BOARD OF
ALDERMEN BE ADJOURNED BY ROLL CALL

Board of Aldermen 5-26-2020 Page 35
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 Cleaver, Alderman Harriott-Gathright, Alderman Wilshire 14
Nay: 0
MOTION CARRIED

The meeting was declared adjourned at 9:45 p.m.

Attest: Susan K. Lovering, City Clerk

AGENDA MEETING OF THE BOARD OF ALDERMEN MAY 26, 2020

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

Call in Number: 978-990-5298 Access Code: 273974

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

1.

2.

PRESIDENT LORI WILSHIRE CALLS ASSEMBLY TO ORDER
PRAYER OFFERED BY CITY CLERK SUSAN K. LOVERING
PLEDGE TO THE FLAG LED BY ALDERMAN DAVID C. TENCZA
ROLL CALL

REMARKS BY THE MAYOR

RESPONSE TO REMARKS OF THE MAYOR

RECOGNITIONS

READING OF MINUTES OF PREVIOUS MEETINGS

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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

From: Robert Guzas
Re: PAC project

From: Laura Colquhoun
Re: Need to puta hold on the Art Center

From: Laurie Ortolano
Re: Pandemic muzzling of the public

From: Laurie Oriclano
Re: Misapplied Mason Rules are used against the public

Fram: Jim Tullis
Re: Outside renovations of the Arts Center

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