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Board of Aldermen 6-09-2020 Page 25

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

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

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

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

Alderman Jette

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

Attorney Bolton

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

Alderman Jette

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

Board of Aldermen 6-09-2020 Page 26

Attorney Bolton

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

Alderman Jette

OK, thank you.

Alderman Clemons

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

Alderman Laws

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

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

Attorney Bolton

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

President Wilshire

All set, Alderman Laws? Alderman Cleaver.

Alderman Cleaver

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

President Wilshire

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

Alderwoman Lu

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

President Wilshire

Alderman Lu, you are muted.

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

Can you hear me better now?

President Wilshire

Yes.

Alderwoman Lu

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

Alderman Clemons

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

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

Alderman Cleaver, Alderman Wilshire 10

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

MOTION CARRIED

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

ON THE QUESTION

Alderwoman Lu

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

President Wilshire

Alderman Lu.

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.

City of Nashua

Purchasing Department
Administrative Services Division (603) 589-3330
229 Main Street - Nashua, NH 03060 Fax (603) 594-3233

December 30, 2021
Memo #22-221

TO: Mayor Donchess
Finance Committee

SUBJECT: Design & Permitting Services for Phase IV Landfill Change Order #1 in the amount not to
exceed $210,000 funded from 54210 Construction Services/Bond

Please see attached communications from Jeff Lafleur, Superintendent of Solid Waste, dated December
16, 2021 for project specific details related to this purchase. Below please find a summary of the purchase
approval request:

Item: Change Order #1 to complete the process of permitting the conceptual Phase IV
lined landfill with the NHDES to include the preparation of construction plans,
specifications and bid documents/perform bid-phase services

Value: not to exceed $210,000

Vendor: Sanborn Head

Department: 168 Solid Waste

Source Fund: 54210 Construction Services/ Bond

Ordinance: Pursuant to NRO § 5-83 Professional Services (A} In the purchase of accounting,
architectural, auditing, engineering, legal, medical and ambulance services and
purchases of independent professional consultant services for personnel, data
processing, actuarial, planning, management and other comparable purchases
competitive bidding shall not be required.

The Board of Public Works (12/16/21 BPW meeting), Division of Public Works: Solid Waste, and the
Purchasing Department respectfully request your approval of this contract.

Regards,
Kelly Parkinson

Purchasing Manager

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.