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LEGISLATIVE YEAR 2020

ORDINANCE: 0-20-023
PURPOSE: Relative to advertising signage on umbrella, awnings, and

canopies in connection with outdoor dining,

ENDORSERS: Alderman Ben Clemons
Alderman Patricia Klee
Alderman Michael B. O’Brien, Sr.

COMMITTEE
ASSIGNMENT: Planning & Economic Development Committee
FISCAL NOTE: None.

ANALYSIS

This legislation enables the use and erection of umbrellas, awnings, and canopies
in connection with outdoor dining so long as vehicular and pedestrian traffic is not
obstructed.

This legislation requires a public hearing and should be referred to the planning
board.

Approved as to form: Office of Corporation Counsel

By: /s/ Steven A. Bolton

Date: June 3, 2020

A special meeting of the Board of Aldermen was held Wednesday, May 27, 2020, at 7:00 p.m. via
teleconference.

President Lori Wilshire presided; City Clerk Susan K. Lovering recorded.
Prayer was offered by City Clerk Susan K. Lovering; Alderman Ernest Jette 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:

To access Webex:
https://nashuanh.webex.com/nashuanh/j.php?MTID=med37f1c096221143409433a…

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

To join by phone: 1-408-418-9388 - Meeting number/access code: 718 669 011

The public may also view the meeting via 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, Public Health Department and the Nashua
Telegraph.

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.

Board of Aldermen 5-27-2020 Page 2

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.

City Clerk Lovering called the roll and asked them to state the reason he or she could not attend, confirmed
that they could hear the proceedings, and stated who was present with him or her.

The roll call was taken with 11 members of the Board of Aldermen present: Alderman Michael B. O’Brien,
Sr., Alderman Patricia Klee, Alderman Richard A. Dowd, Alderman Benjamin Clemons, Alderman David C.
Teneza, Alderwoman Elizabeth Lu, Alderman Ernest Jette, Alderman Jan Schmidt, Alderman Skip Cleaver,
Alderman Linda Harriott-Gathright, Alderman Wilshire.

Alderwoman Shoshanna Kelly, Alderman June Caron, Alderman Tom Lopez, and Alderman Brandon
Michael Laws were recorded absent.

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

Alderman O’Brien
| am present, | can hear you, and | am alone.
Alderman Klee

| am here, | can hear you, and the only one in the house is my husband who could make an appearance
but he is not in the room with me now.

President Wilshire

Alderwoman Kelly won't be joining us this evening.

Alderman Dowd

Yes, | can hear you, and | am alone, practicing social distancing in accordance with the Governor’s Order.
Alderman Clemons

Yes, | am here, participating by WebEx and | can hear everyone, there’s no one in the room with me. | will
just say that my bandwidth has been give or take so if | lose you, | will try to come back. Thank you.

Alderman Tencza

| am present, | am alone and | can hear everyone.
Alderwoman Lu

| am present, | can hear you and | am alone.
Alderman Jette

| am here, | am alone and | can hear you.

Board of Aldermen 5-27-2020 Page 3
Alderman Schmidt

| am here, | can hear you all and | am alone in the room.

Alderman Cleaver
| am present, | am alone and | can hear everybody so far.

Alderman Harriott-Gathright

| am present, | can hear you, | am alone in this room and | am practicing social distancing.
Alderman Wilshire
| am here, | am alone and | am also practicing social distancing per the Governor’s Order.

Susan Lovering City Clerk

You have 11 in attendance.

President Wilshire

Alderman Caron, did you join us? OK maybe not. Ok at this point in the meeting, | am going to turn it over to
Alderman Tencza who is the Chair of the Planning & Economic Development Committee to hold the Public
Hearing. So it’s over to you, Alderman Tencza.

Chairman Tencza

Thank you, Madam President. The purpose of tonight’s meeting is to hold a Public Hearing on O-20-014
relative to Temporary Adjustment to Site Plans. With us here tonight is Director Sarah Marchant from

Community Development. Director Marchant if you can please explain or present what this proposal is.

Sarah Marchant, Director of Community Development

Absolutely, thank you so much for having me here tonight. This Ordinance is to allow for the temporary
modifications of site plans through the end of this year. This essentially allows us to quickly turn around
approvals for outdoor dining in what would traditionally be parking areas or landscaped areas. We have
developed a system in partnership with Economic Development, Public Health, Fire and Public Works. So
everybody is still involved in the review process. We need to turn these around quickly and get these
businesses up and running. Without this Legislation, it would many be full Planning Board process because of
the items that are happening here, specifically it would be difficult still to meet parking minimums to meet the
landscaping, open space minimums and some setbacks. So we are working with them on a case-by-case basis
to make sure everything is safe, but to make sure that we can get our businesses open and functioning as
quickly as possible.

Chairman Tencza

Thank you, Director Marchant. Now the Meeting will turn to the Public Comment portion of the Meeting. | will be
asking for testimony in favor of this Ordinance; then testimony in opposition, once both parties have had a
chance to speak on it, |’ll again ask for testimony in favor and then for testimony in opposition. If you would like
to speak, please just make yourself known when you feel it is your turn to speak.

Board of Aldermen 5-27-2020 Page 4
PUBLIC HEARING

O-20-014 - RELATIVE TO TEMPORARY AJUSTMENT TO SITE PLANS

TESTIMONY IN FAVOR - None

TESTIMONY IN OPPOSITION - None

TESTIMONY IN FAVOR - None

TESTIMONY IN OPPOSITION - None

Alderman Harriott-Gathright

| just have a question. Whenever you say “in favor’ you can hear somebody saying something, I’m not
sure who itis. (inaudible) you keep saying none but | hear someone.

Chairman Tencza

So | will give someone one more opportunity if you have testimony in favor, please just announce yourself,
state your name and your address? OK, Alderwoman Harriott-Gathright, is that sufficient?

Alderman Harriott-Gathright

Yes.

Ms. Marchant

Sorry to interrupt, | meant to say there is one edit modification | would like to propose. | think there was a
typo. The last line of the first paragraph it says, the last sentence, “Fees shall be charged for such a review
or approval’. It should say “NO fee shall be charged for such review of approval”. So it just adding the word
“no” before the word “fee”.

Chairman Tencza

Ok, thank you for bringing that up during the Public Comment Portion. Given that amendment, is there
anyone who would like to speak now in favor of this Ordinance?

TESTIMONY IN FAVOR — None

TESTIMONY IN OPPOSITION - None

ADJOURNMENT

MOTION BY ALDERMAN O’BRIEN THAT THE MAY 27, 2020, SPECIAL MEETING OF THE BOARD
OF ALDERMEN BE ADJOURNED BY ROLL CALL

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

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

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.

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

To:

From:

Re:

B. Motion:

Attachments:

Discussion:

City of Nashua, Public Works Division

Board of Public Works Meeting Date: December 16, 2021

Jeff Lafleur, Superintendent
Solid Waste Department

Change Order #1 - Design and Permitting Services for Phase III, Stage 2 Landfill

To approve a change order to the contract with Sanborn Head and Associates Inc.
to prepare and submit a NHDES Type IJ Permit Modification, prepare plans,
specifications and bid documents, and perform bid-phase services for the
construction of the Phase III, Stage 2 lined landfill expansion in the amount not to
exceed $91,000. Funding through Department 168 Solid Waste; Fund: Bond;
Activity: Landfill Expansion Phase III & IV.

Sanborn Head and Associates scope of work

The Superintendent of the Solid Waste Department and the Director of Public
Works recommend that the City begin the process of designing and constructing
the Phase III, Stage 2 lined landfill expansion. This is the final phase of the lined
landfill expansion permitted by the New MHampshire Department of
Environmental Services (NHDES) in standard permit #DES-SW-SP-95-002
issued on June 26, 1995. The Phase III, Stage 2 landfill will be a vertical
expansion of the existing Phase III, Stage 1 landfill. It will provide an additional
270,000 cubic yards of waste capacity and an additional two years of landfill life
expectancy. Work to be performed under this change order includes preparation
of a NHDES Type II Permit Modification application, construction plans,
specifications and bid documents, and performing bid-phase services.

The additional airspace is needed given the constraints and concerns regarding the
permit approval process with NHDES. This process is a lengthy one that we
anticipate will take a long period of time to complete which is why we wish to be
proactive by moving forward now. It is recommended that this Phase be
constructed within the next two years to ensure the landfill has adequate disposal
capacity available.