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Board of Aldermen 11-10-2020 Page 20

Alderman Lopez

OK | didn’t see it, maybe you sent it to a different e-mail address.
President Wilshire
I’m sorry?

Alderman Lopez

Maybe you sent it to a different e-mail address, | haven’t received that.
President Wilshire

| sent it to the entire board.

Alderman Lopez

| didn’t get it.

President Wilshire

Ok. Alderman O’Brien.
Alderman O’Brien

Thank you, Madam President. It’s with some difficulty, | cannot support Alderman Lopez’s amendment.
The intention of O-20-035 is basically verily narrow focused on Zone 3 including the Elm Street and High
Street Parking garages. That means we have Zone 1 and Zone 2 Parking that is unaffected by this. What
Alderman Lopez’s amendment, from what | understand and what | interpret, will include a greater
geographical that is much more intended than this. And if we are going to get into that, that would require
maybe | would recommend that it go to a Committee to be heard. The intention of for the suspension of the
rules for a second reading, we have done this particular motion in the past, it’s pretty rout, it seems to have
benefit to a lot of our constituents, particularly and for the businesses in the Zone free area.

So, therefore, | think we should remain focused on what it is we do have a pending, as many of you know,
Director Cummings has come forward and saying that he is going to have a parking study that will be done.
It will be able to look to many of Alderman Lopez’s concerns which | strongly encourage. But! think, again,
| cannot support it because | think this will be too unyielding and ruin exactly what we are intending to do for
Zone 3 only. Thank you.

Alderman Lopez

Just so that everybody is aware, the parking garages don’t have overnight parking fines attached to them
so the purpose of this, as discussed in the meeting previously was that there wouldn’t be any lost revenue
from those areas.

President Wilshire

So the motion is to amend, is there any further discussion on that motion? Any further discussion?
Alderman Caron?

Board of Aldermen 11-10-2020 Page 21
Alderman Caron

Madam President, yes thank you. | have to concur with Alderman O’Brien that we shouldn’t be adding
amendments to something that has been a standard for the Board of Aldermen for the free parking during
the Holiday Season. And the other thing is, that during snowstorms, people do bring their cars to the
parking garages and leave them there so that they’re not on the street. So we have had a long discussion
about this fee reduction and we put in on hold and | don’t think that this is the particular time to be putting
this in as an amendment. Thank you.

Alderman Dowd

| sort of agree with the previous speakers that we’ve always used this generic motion to give this ability to
people to park during the holidays at no fee during the day to help our downtown merchants and to help the
people that are doing shopping. | would prefer that any motion that, not relative to that original motion, be
handled separately under a different Resolution or Ordinance.

President Wilshire
Further discussion on the motion to amend. Alderman Lu.
Alderwoman LU

May | ask a question, Madam President. Thank you. Through you to Alderman Lopez, | heard a couple
times about a parking committee meeting and | would just like some clarification on that.

Alderman Lopez

So | don’t know what clarification | can give. At the last Infrastructure Committee it was a Joint
Infrastructure and Human Affairs Committee. My understanding was that the President had agreed to form
a Committee. She has clarified she meant look into it. There was an e-mail that was sent out that | haven’t
received. But in that meeting we had talked about parking specifically because it has come up many,
many, many times over the last 3 or 4 years in Infrastructure Committee. All parking legislation has been
routinely tabled or side barred. In this case it seems like | was under the impression that essentially
everybody who spoke previously was willing to entertain an amendment here, which was not the case as
they were all stating that was never their intent. I'll have to review the video to see exactly what they said.

| would encourage the public to do that as well | think just so it is clear.

Alderwoman Lu

Thank you.

President Wilshire

Are you all set, Alderman Lu?
Alderwoman Lu

No | have a follow up question. So that was not a Parking Committee meeting, it was an Infrastructure or
Joint Meeting.

Alderman Lopez

It does not appear that there is any Committee in existence at this time that is willing to entertain parking
progress. At this moment, all Committees that would even consider addressing it on an Aldermanic level
are waiting for the parking study. | don’t have information as to when that will be.

Board of Aldermen 11-10-2020 Page 22

Alderwoman Lu

Thank you.

President Wilshire

| do. The parking study, | talked to Director Cummings, the parking study is going to start the first week of

January. They are, right now, working on taking the overnight parking out of the main parking study, the full
study. Director Cummings said it will start the first week of January.

Alderman Lopez

So are you saying that the parking study will include overnight or they are taking out the part that we were
referring to?

President Wilshire

They are taking out the overnight piece that you were concerned about and they are going to take that part
up first.

Alderman Lopez

Was that in an email that | didn’t get because | didn’t see.

President Wilshire

Yes, it was. It was. | am sorry you didn’t get it Alderman; | can forward it to you after the meeting.
Alderman Lopez

Yeah, it might have shed some light on what everybody was thinking.

President Wilshire

Is there anyone else that didn’t get it? OK. The motion is to amend, any 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: Alderwoman Kelly, Alderman Clemons, Alderman Lopez, 4
Alderman Laws

Nay: Alderman O’Brien, Alderman Klee, Alderman Dowd,

Alderman Caron, , Alderman Tencza, Alderwoman Lu,

Alderman Jette, Alderman Schmidt, Alderman Cleaver,

Alderwoman Harriott-Gathright, Alderman Wilshire 11
MOTION FAILED
President Wilshire

And that Motion fails. We are back to the motion for final passage. Alderwoman Kelly?

Board of Aldermen 11-10-2020 Page 23

Alderwoman Kelly

Thank you. | am going to support this as this is something that we do every year and a lot of my friends
own businesses downtown, there’s some great new shops downtown. | know that as far as | know, the
barriers are going to come down and we will be getting that parking back on Main Street, which is crucial
for holiday shopping. | just want to echo some of the concerns that have been brought up here and | don’t
want to belabor this but | think it has been very clear that no parking adjustments other than this have been
even able to be considered continuously. | actually did get mine but there was quite a bit of discussion in
the Chamber here.

So as we move into Master Planning, and also this parking study, | really hope that the City will come
around to, you know, looking at what this looks like and being thoughtful in overnight parking and also just
being equitable in how we go about issuing parking fees, etc.

Alderman Clemons

Yeah, | am confused because | don’t recall any legislation not being forwarded and discussed at committee
meetings, but apparently, I’ve missed something.

Alderwoman Kelly

To clarify, | think we weren’t saying it wasn’t discussed, it has been consistently tabled or not brought
forward.

Alderman Clemons

Was that done by a minority of the Board of Aldermen or those Committees, was there some obstruction
that was happening that is out of the norms of our meetings. | am not sure | understand the point because |
thought that we had a majority rules.

Alderman Lopez

| didn’t say it was obstruction that was outside the norms of the meeting.
President Wilshire

Could you just speak one at a time Alderman Lopez?

Alderman Clemons

Yeah, | guess | don’t understand, because | understand that we have rules and processes in place.
Sometimes things get tabled, sometimes they get indefinitely postponed, sometimes we pass legislation.
So | would hope that if my colleagues were seeing that we weren't following the Mason’s Rules that
certainly that would be brought forward to the President’s attention.

Alderwoman Kelly

The response is not to say that nobody is following procedure. The point is that this Board has had a
reluctance to bring up or vote to bring to the full board anything parking related for a number of years
because of the parking study. It is simply an observation; it is not a people didn’t do the appropriate things
in Committee.

Board of Aldermen 11-10-2020 Page 24

Alderman Lopez

| would, however, point out that a number of things that are on public record in the last meeting are
contradicted but what was said tonight which is evident for the public to look at at itself. So there was no
public meeting where those positions were adapted or where those comments that — it was more
appropriate to just amend this to the holiday legislation, which is a direct quote that | am reading. That
seems like that’s no longer the case and there’s been suddenly a change in mind. That’s not inconsistent
with what I’ve seen. | think when we have public discussion, we are following the rules very specifically and
very carefully. But there has certainly been a lot of tension on this board over who is chairing the meetings,
whether they are being impartial or fair to specific things. And, again, that’s where the public can make its
own decision because certain issues just do not advance. And a number of Aldermen will say, we are
going to wait for this study and | guess it’s up to the public to keep track of how many months and years
they do that over and over again.

Alderman O’Brien

Thank you, Madam President. | was going to remain quiet but since | think what many are referring to is my
Committee of Infrastructure and may | do my due diligence to defend my particular Committee. As a State
Representative for 14 years, for 14 years | have followed the Mason’s Rule of Order. | have followed
Mason in my time here and part of my duties of Vice President of the Board of Aldermen is to support and
to maintain that Mason would be followed. So | take great umbrage to anything that would say that Masons
or if it was implied, wasn’t followed. We did hold the Hearings, they were very well vetted, everybody had
the opportunity to come up and speak. | am sorry you did not hear the answer or you did not have the votes
that was required to be in the majority. People do have the right to vote whether they are pro or con on the
issues. Many have voted and no vote was done with any fear or favor.

However, in between the meantime, the Infrastructure Committee, working with Director Cummings wants
to have the Parking Study which would have included the overnight parking. Unfortunately, in my powers
as Chairman of Infrastructure, | have no control over COVID-19. COVID-19 came into the City and
disrupted as many of you know and so that the public knows some of the parking issues. One of the things
that was interrupted was in order to help out the downtown businesses and to assist them and to enhance
our resident’s fun, we had restaurants allowing Main Street to go down to two lanes and that was supported
by Infrastructure. So we have done great things to come up with that. But because we took away two lanes
on Main in the example, we also took away parking.

So at that particular time because it was COVID related, many of the study that could have or should have
been done more in a timely fashion were affected by COVID-19. | am asking my fellow Aldermen; |
understand what you want to do. | am not against, | firmly agree that we need to discuss overnight parking.
But it is my opinion and | share the opinion that none of here are parking specialists. None of us have a
degree in the subject. And | think it would be prudent to have professionals hired by the City to which
Director Cummings has procured to come in to look at the overnight parking and to give us proper guidance
and recommendations as what we usually get from studies such as this.

So to imply, if anybody is, that we are not moving progressively on this, is untrue. And you are speaking
untruth. | think we just have to be patient and do our diligence as Aldermen, it would be my
recommendation to await the parking study that would come out that is being led, being hired by Director
Cummings and the City and follow the recommendations that the professionals will come up on this
particular subject. Thank you, Madam President.

Board of Aldermen 11-10-2020 Page 25
Alderman Clemons

Thank you and | just want to echo what Vice President O’Brien just said, because | think it’s important that
we recognize the difference between basically a group of people of making up an independent decision
which we were all elected to do and not being able to persuade enough of those people to your side on a
particular issue. | agree that | am frustrated by the majority of this board and the fact that some of the
parking stuff that | wish had passed, didn’t. However, that’s politics. That is what we are elected to do, we
each have our own opinion on these things and these matters and we represent our constituents the best
that we feel we can. And so when somebody disagrees at a Committee or here, that’s what happens. It’s
not that, you know, there is a force that refuses to do certain things or anything like that. It has to do with
the fact that each person is representing their constituents to the best of their ability and they are voicing
their opinion on the matter. And | have not seen yet, a situation where a minority of this board has held up
legislation except for maybe once, going forward. And so that’s a very rare thing when that happens and
when that happens it usually on legislation that requires 10 votes. And certainly anything in relation to this
parking study only requires 8 votes to go forward and therefore if the majority of this board decides that it
does not want to move forward on something, then that’s what the majority of the board speaks to. And
again, there is nothing nefarious or anything like that. | think Alderman O’Brien runs a great Committee, |
think he gives people plenty of chances to speak and to express their opinions and | think anything said to
the contrary of that, | would like to see the evidence of it, because | have not. And | would suggest that we
move this forward. And so | am making a motion to move the vote.

MOTION BY ALDERMAN CLEMONS TO MOVE THE QUESTION

ON THE QUESTION

Alderman O’Brien

Parliamentary inquiry, | lost my thought. This is for final passage, correct?

Alderwoman Kelly

It’s for moving the question now.

Alderman Lopez

It’s to Suppress more discussion. It’s a parliamentary procedure, | think you will be familiar with, I’m sure.
Alderwoman Kelly

It actually cuts off the discussion.

President Wilshire

Could we speak one at a time until you are recognized?

Alderman Lopez

Oh would | be recognized, | can clarify.

President Wilshire

Alderman O’Brien had the floor, Alderman Lopez.

Board of Aldermen 11-10-2020 Page 26
Alderman Lopez
| was just trying to help.
President Wilshire
It's not helpful. Alderman O’Brien.
Alderman O’Brien
Thank you, Madam President. My question was to you, just to make sure | knew — being the first to vote to
what | was doing. It was clearly explained, thank you. So therefore if the vote is in order may | proceed
with my vote Madam President.
President Wilshire
You may.
A viva voce roll call was taken which resulted as follows:
Yea: Alderman O’Brien, Alderman Dowd,
Alderman Caron, Alderman Clemons, Alderman Tencza,
Alderman Schmidt, Alderman Cleaver, Alderwoman Harriott-Gathright,

Alderman Wilshire 9

Nay: Alderman Klee, Alderwoman Kelly, Alderman Lopez, Alderwoman Lu,
Alderman Jette, Alderman Laws, 6

MOTION CARRIED

President Wilshire

The Motion is for final passage of Ordinance 20-035. Would the Clerk please call the roll?
Alderman Klee

Madam President, may | just make a clarification if that’s ok?

President Wilshire

We are in the middle of a vote Alderman Klee and the question was moved, sorry.
Alderman Klee

It’s just something that was said about the zone on Main Street and | think it’s going to give a wrong ... I'll
vote yes.

Alderman Dowd
Just clarification, did we ever vote on the amendment?
President Wilshire

We did, it failed.

Board of Aldermen 11-10-2020 Page 27
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

Ordinance O-20-035 declared duly adopted.

O-20-036

Endorser: Mayor Jim Donchess

Alderwoman-at-Large Shoshanna Kelly
Alderman Richard A. Dowd
Alderman Skip Cleaver
Alderman Linda Harriott-Gathright
Alderman Patricia Klee
Alderwoman Elizabeth Lu
Alderman-at-Large Michael B. O’Brien, Sr.
Alderman-at-Large Benjamin M. Clemons

Alderman-at-Large Lori Wilshire
ESTABLISHING PERFORMING ARTS CENTER BOARD OF TRUSTEES

Given its first reading; assigned to the SPECIAL BOARD OF ALDERMEN meeting scheduled for Tuesday,
November 24, 2020 at 6:00 p.m. by President Wilshire

PERIOD FOR GENERAL PUBLIC COMMENT

Alderman Jette

Madam President?

President Wilshire

It’s public comment period Alderman Jette.

Alderman Jette

| tried to say this before you moved on to Public Comment.
President Wilshire

OK.

Alderman Jette

So | would like to ask the Special Board of Aldermen meeting on Tuesday, November 24", is that in place of
a Committee meeting?

President Wilshire

Yeah that’s a Committee of the whole.

Board of Aldermen 11-10-2020 Page 28
Alderman Jette

So at that meeting there will be a discussion of these two.

President Wilshire

There will be and then it will go back to the Full Board for a vote, Alderman Jette.

Alderman Jette

At a later date.

President Wilshire

Yes.

Alderman Jette

Ok, thank you.

President Wilshire

It may be the same night. Alright, | am going to open this up for public comment. Beth Scaer.

Beth Scaer Beth Scaer, 111 East Hobart Street. First of all, | am very disappointed with the gossip from
Alderman Schmidt, Alderman Klee, and Alderman Harriott-Gathright, about their personal feelings about my
friend Bill O’Brien. | think that’s really inappropriate for a Board of Aldermen meeting. Secondly, | wanted to
talk about my Save Women’s Sports Flag. This was put up, we put this flag up with the permission from Risk
Management on Saturday, October 10", it was supposed to fly until Friday, October 16". The Mayor ordered
it taken down on October 11". On October 13", our lawyer filed an appeal under the Special Events
Procedure for Nashua City Hall. According to these Event Procedures, the Mayor or Risk Management or the
City had 10 days to respond to my appeal. Those 10 days expired on October 27". On October 29" the
Mayor and Alderman Caron had a virtual Ward 7 Town Hall. | reminded the Mayor that the 10 days had
expired; he said it was Legal’s responsibility and they would take care of it. It’s now 20 days, that’s 10 days
passed the deadline to respond to my appeal and I’ve heard nothing. So | am asking the Mayor, I’m asking
Steve Bolton, | am asking the City Legal Department to please observe the procedures and respond to my
appeal. Thank you.

President Wilshire

Anyone else wishing to give public comment? Anyone? Ok seeing none, Remarks by Members of the
Board. Alderman Klee?

REMARKS BY THE MEMBERS OF THE BOARD OF ALDERMEN
Alderman Klee

Thank you, Madam President and | apologize for speaking out of turn. The comment that | had wanted to
make was that | believe that Alderwoman Kelly had mentioned Main Street as being part of that and Main
Street is not Zone 3 which the Ordinance | believe talked about as far as Holiday parking was concerned. So
Main Street would not be part of it. | just wanted to clarify that. But | apologize for trying to rush my comment
which is why | said “no” to closing comments. I'd also like to thank all Veterans, especially my husband, for
their service. I’ve been proud to be a member of the State’s Veterans Affairs Committee for 4 years and
Chair for it for 2 years. My 26 years with the Department of Defense and the Department of Veterans Affairs,
I’ve been blessed to work with and actually meet so many amazing military personnel and veterans.

Board of Aldermen 11-10-2020 Page 29

| just want to say thank you for their service. And | also want to thank Madam Clerk for everything that she did
for a smooth election process. | know we had lines that wrapped around the building, both for new
registrations as well for walk-in, you know, votes for people that were voting. It went as smooth as you can
expect. So I’d like to thank Ms. Lovering for all of that. Thank you.

Alderman Cleaver

Thank you very much. | would like to acknowledge our wonderful Clerk and her staff for the fantastic job they
did on Election Day and prior to Election Day and subsequent to Election Day. | can’t imagine the amount of
work, the amount of hours you devoted to this. So hurray for the Clerk’s Office and all the workers there and
everything they did to make it a success.

| also want to acknowledge and thank the poll workers, they did a great job, under very difficult, unusual and
unprecedented circumstances. | would also like to thank, specifically, the Ward 8 poll workers, who did an
absolutely fantastic job. It went smooth as silk and we are very, very fortunate to have such wonderful people
in our democratic process. So thank you very much.

Alderwoman Kelly

Thank you. | first want to start off by thanking Alderman Wilshire and Mayor Donchess for doing Veterans up
front, it was really nice to hear from our Board members about their service and | thank them for their service
and | thank all Veterans in our community for their service. Our way of life is only possible because of the
things you have done, so thank you so much for that. | also wanted to say, | don’t even know how to say
thank you to Sue Lovering for the incredible job during the election. We were lined out the doors with new
voters at Ward 5 and everything just went so incredibly smoothly. | also just want to thank the citizens of
Nashua for coming out in record numbers and exercising their right to vote and put their voice out there,
because it is really important to be involved at all levels. So thank you so much for that.

Did | miss anything, oh the Holiday Parking. | was just talking about in general downtown and how this helps
downtown businesses, but | can see that that was potentially confusing. So thank you.

Alderman Harriott-Gathright

| want to say thank you to Sue Lovering and her crew, as always a great job. We had quite a few new people
in the polls in Ward 9 and they did an exceptional job, really did. And | was speaking to one of my
constituents that worked there and she said it wasn’t too bad, | was home by 11. So | thought that was great,
so just kudos to you and the team Sue and thank you for all the help. | mean if | call you, you respond, you
give me answers, you tell me what | need to know and | really appreciate it. Thank you.

Alderman Lopez

Yes so first | wanted to apologize, | checked my email while we were talking and | did find your email, you
sent it at 11:45 today. | was just working, | didn’t really notice it.

President Wilshire

| sent it | think over the weekend.

Alderman Lopez

There might be something wrong because my time stamp says 11:43. But | did actually receive it so | wanted
to clarify that | do have it. | also wanted to point out or clarify any misunderstandings that | might have
conveyed. | didn’t bring up any concerns about parliamentary procedure myself. | was pointing out that it is
used effectively. And that my opinion was that people may be more effectively advocating in their own
particular way.