Search

Board of Aldermen 04-12-2022 Page 15

Yea: Alderman O’Brien, Alderman Sullivan, Alderman Klee, Alderman Moran,
Alderman Lopez, Alderman Jette, Alderman Clemons, Alderwoman Kelly,
Alderman Comeau, Alderman Dowd, Alderman Gouveia, Alderman Cathey,
Alderman Thibeault, Alderwoman Timmons, Alderman Wilshire, 15

Nay: 0

MOTION CARRIED

Resolution R-22-013 declared duly adopted.

R-22-014
Endorsers: Mayor Jim Donchess
Alderman-at-Large Michael B. O’Brien, Sr.
Alderman Patricia Klee
Alderman Thomas Lopez
Alderwoman-at-Large Shoshanna Kelly
Alderman Derek Thibeault
Alderman-at-Large Lori Wilshire
RELATIVE TO THE TRANSFER OF $44,400 FROM ACCOUNT 70100 “GENERAL CONTINGENCY” INTO
DEPARTMENT 179 “LIBRARY”, ACCOUNTING CLASSIFICATION 53 “PROFESSIONAL AND TECHNICAL
SERVICES” TO FUND HALF THE COST OF A FACILITY ASSESSMENT AND MASTER PLAN FOR THE
LIBRARY BUILDING
Given its second reading;

MOTION BY ALDERMAN DOWD FOR FINAL PASSAGE OF R-22-014, BY ROLL CALL

A viva voce roll call was taken which resulted as follows:

Yea: Alderman O’Brien, Alderman Sullivan, Alderman Klee, Alderman Moran,
Alderman Lopez, Alderman Jette, Alderman Clemons, Alderwoman Kelly,
Alderman Comeau, Alderman Dowd, Alderman Gouveia, Alderman Cathey,
Alderman Thibeault, Alderwoman Timmons, Alderman Wilshire, 15

Nay: 0
MOTION CARRIED

Resolution R-22-014 declared duly adopted.

R-22-015
Endorsers: Alderman-at-Large Lori Wilshire
Alderman Richard A. Dowd
Alderman-at-Large Michael B. O’Brien, Sr.
Alderman John Sullivan
Alderman Patricia Klee
Alderman-at-Large Melbourne Moran, Jr.
Alderman Thomas Lopez
Alderman-at-Large Ben Clemons
Alderwoman-at-Large Shoshanna Kelly
Alderman Alex Comeau
Alderman Tyler Gouveia
Alderman John Cathey
Alderman Derek Thibeault
Alderwoman-at-Large Gloria Timmons
APPROVING THE COST ITEMS OF A COLLECTIVE BARGAINING AGREEMENT BETWEEN THE NASHUA
BOARD OF POLICE COMMISSIONERS AND TEAMSTERS LOCAL 633, FROM JULY 1, 2022 THROUGH JUNE 30,
2026

Board of Aldermen 04-12-2022 Page 16
Given its second reading;
MOTION BY ALDERMAN SULLIVAN FOR FINAL PASSAGE OF R-22-015, BY ROLL CALL

A viva voce roll call was taken which resulted as follows:

Yea: Alderman O’Brien, Alderman Sullivan, Alderman Klee, Alderman Moran,
Alderman Lopez, Alderman Jette, Alderman Clemons, Alderwoman Kelly,
Alderman Comeau, Alderman Dowd, Alderman Gouveia, Alderman Cathey,
Alderman Thibeault, Alderwoman Timmons, Alderman Wilshire, 15

Nay: 0
MOTION CARRIED

Resolution R-22-015 declared duly adopted.

R-22-018
Endorsers: Alderman Patricia Klee
Alderman-at-Large Michael B. O’Brien, Sr.
Alderman Thomas Lopez
Alderman-at-Large Melbourne Moran, ur.
Alderman Richard A. Dowd
Alderman Derek Thibeault
Alderwoman-at-Large Gloria Timmons
Alderman-at-Large Lori Wilshire
AUTHORIZING PENNICHUCK CORPORATION AND PENNICHUCK EAST UTILITY, INC. TO BORROW FUNDS
AND ACCEPT A GRANT FROM THE STATE OF NEW HAMPSHIRE DRINKING WATER AND GROUNDWATER
TRUST FUND
Given its second reading;

MOTION BY ALDERMAN KLEE FOR FINAL PASSAGE OF R-22-018
MOTION CARRIED

Resolution R-22-018 declared duly adopted.

R-22-019
Endorsers: Alderman Patricia Klee
Alderman-at-Large Michael B. O’Brien, Sr.
Alderman-at-Large Melbourne Moran, ur.
Alderman Richard A. Dowd
Alderman Derek Thibeault
Alderwoman-at-Large Gloria Timmons
Alderman-at-Large Lori Wilshire
AUTHORIZING PENNICHUCK CORPORATION AND PENNICHUCK EAST UTILITY, INC. TO ENTER INTOA
TERM LOAN WITH COBANK, ACB
Given its second reading;

MOTION BY ALDERMAN KLEE FOR FINAL PASSAGE OF R-22-019
MOTION CARRIED

Resolution R-22-019 declared duly adopted.

R-22-022
Endorsers: Alderman-at-Large Lori Wilshire
Alderman Richard A. Dowd
Alderman Patricia Klee
Alderman Derek Thibeault

Board of Aldermen 04-12-2022 Page 17

Alderman Thomas Lopez
APPROVING THE COST ITEMS OF A COLLECTIVE BARGAINING AGREEMENT BETWEEN THE NASHUA
BOARD OF EDUCATION AND THE NASHUA TEACHERS’ UNION, LOCAL 1044, AFT, AFL-ClO FROM
SEPTEMBER 1, 2021 THROUGH AUGUST 31, 2025 AND AUTHORIZING A RELATED TRANSFER AND
SUPPLEMENTAL APPROPRIATION
Given its second reading;

MOTION BY ALDERMAN DOWD FOR FINAL PASSAGE OF R-22-022

ON THE QUESTION

Alderman Dowd

Last night it was unanimously approved by the Budget Committee. It’s been a long and arduous negotiation and | think
both sides did an amicable job in coming to a conclusion and | recommend final passage.

Alderman Thibeault

| just want to make a quick comment. The last few years, the teachers have gone through complete hell starting with
having to stop teaching, to having to go hybrid teaching, to having to go a full year back with masks, no masks. It's been
a tough year for them and, you know, they were out there at the Board of Education holding their signs and pushing the
Board of Education to pass this contract or to negotiate this contract. | just want to thank both sides for come together. |
want to thank the teachers for hanging in there. | Know last time | got the numbers, there was a good 40 teachers leaving
this year and that's a high for quite many years and it's probably more now. | hope not. Getting to this point where we're
going to have to sign this contract | think it's great and I'm looking forward to voting yes on it tonight. So thank you.

Alderman O'Brien

Thank you, Madam President. On this particular vote, I'm glad to have to abstain. My daughter is an employee. She's a
school nurse. Even though she lives independent of me, is an adult - a very strong woman, but because | get a birthday
card and Christmas presents — the only thing she doesn't even give me free advice. So anyway. I'm gonna have to
abstain anyway. Thank you.

President Wilshire

Thank you.

Alderman Comeau

Yes, thank you Madam President. | just wanted to say quickly, | feel very lucky and blessed that | was able to give my two
children something that | didn't have growing up, which was the ability to go through a single school district from
kindergarten until graduation. My daughter graduated from National High School South in 2020. My son is currently on
his way to being a 12 season athlete. He will graduate next year. Like | said, | moved around about every three years
when | was near age and nothing makes me happier than to see them go through such a great district from start to finish
and | will be more than happy to vote yes on this tonight. Thank you.

Alderman Gouveia

Thank you, Madam President. | think as the probably the last person in this room to sit in the classroom at Nashua High
South, | feel very strongly. | had a great education coming up through the system and | hope we continue that going
forward and | look forward to voting yes on this.

President Wilshire

Further discussion? Seeing none, this requires a roll call vote. Will the Clerk please call the roll?

A viva voce roll call was taken which resulted as follows:

Yea: Alderman Sullivan, Alderman Klee, Alderman Moran, Alderman Lopez,
Alderman Jette, Alderman Clemons, Alderwoman Kelly,

Board of Aldermen 04-12-2022 Page 18

Alderman Comeau, Alderman Dowd, Alderman Gouveia, Alderman Cathey,

Alderman Thibeault, Alderwoman Timmons, Alderman Wilshire 14
Nay: 0
Abstained: Alderman O’Brien 1

MOTION CARRIED
Resolution R-22-022 declared duly adopted.

UNFINISHED BUSINESS — ORDINANCES

O-22-008, Amended
Endorsers: Mayor Jim Donchess
Alderman-at-Large Michael B. O’Brien, Sr.
Alderman Patricia Klee
Alderman-at-Large Melbourne Moran, Jr.
Alderman Thomas Lopez
Alderman-at-Large Ben Clemons
Alderman Derek Thibeault
Alderwoman-at-Large Gloria Timmons
Alderman-at-Large Lori Wilshire
RELATIVE TO SEASONAL ROAD CLOSURES AND ELIMINATION OF CERTAIN ON-STREET PARKING FOR
EXTENDED OUTDOOR DINING AND OTHER NON-VEHICULAR USE
Given its second reading;

MOTION BY ALDERMAN O’BRIEN TO AMEND O-22-008 BY REPLACING IT WITH THE GOLDEN ROD COPY OF
AMENDMENTS MADE AT THE JOINT COMMITTEE ON INFRASTRUCTURE AND PLANNING AND ECONOMIC
DEVELOPMENT COMMITTEE

ON THE QUESTION

Alderman O’Brien

Madam President, as you know, and | think you were there, we held a session and several were long. One went way into
the wee hours of the night. But | gotta thank my fellow committee members of both the Infrastructure Committee and the
PEDC. We really came to resolve on this, although | don't agree with some of it 100%, but it is a compromise and | think it
gives us a better vision of the modernization of what our downtown could look like. Thank you Madam President.
MOTION CARRIED

MOTION BY ALDERMAN MORAN FOR FINAL PASSAGE OF R-22-022 AS AMENDED

ON THE QUESTION

Alderman Moran

This was a very thoughtful and tough process that we came to the Joint Committee plus the Task Force. | would like to
thank everyone for their time. My Co-Chair Alderman O'Brien who tolerated me very well and all the members of the
community who joined the Task Force as well as the BOA members that sat in and helped make this a great proposal as
a compromise. | think at the end of the day, I'm supporting this because it's for the people at downtown so the businesses
downtown. It goes to a vision, | think, eventually a walkable downtown, two lanes, and I'm very optimistic to see how
much business this is going to bring to our city and to not just the businesses downtown but also to make it a thriving,
prosperous place for the residents of downtown because that's their neighborhood. We're adding a little bit more to make
that a vibrant neighborhood and | can see myself supporting us today. Thank you.

Alderman Jette

Thank you, Madam President. So | want to let all the people who wrote to me about the barrier issue, there were a lot of

Board of Aldermen 04-12-2022 Page 19

people who were adamantly opposed to the barriers. | did receive your e-mails. | did hear because some of you called. |
did hear you. | think the people who are against the barriers, you know, kind of summarize their opposition. We've heard
it and forgive me for saying it over and over again, but people objected to the traffic congestion. They objected to the
appearance of the barriers. They objected to the barriers taking away some parking and the issue of the emergency
vehicles — police, and fire, and ambulance. So | know people felt very strongly about this and the fact that we have not
rejected the barriers completely is very disappointing to them. But the issues that that people raised were all considered.
Were all looked at. This plan was an effort to, you know, | should say there were also a lot of people who loved the
expanded outdoor dining. Not only sidewalk dining, but the expanded into the street. So they were very much in favor of
our continuing this program. So this plan that we worked long and hard on and we tried to compromise. | think one of the
biggest compromises is removing the barriers from the Water/Park, Main Street intersection to Franklin, Canal, and Main
Street intersection.

Our City Engineer expressed the opinion that he thought that that would go a long way on relieving a lot of that congestion
that people have complained about. | don't Know. I'm hoping he's right. | think he's right and | hope that he's right. We'll
have to see what happens this summer. The appearance issue, we voted to paint them all a neutral color. The parking
issue, we removed a lot of the barriers. We provided for a lot more parking and the emergency vehicle issue. | know
people talk about the police and fire but the Police Chief and the Fire Chief are both here. Neither one of them said that
they were against this. They both kind of said we’ll have to see. The plan is new and we'll have to see how it works out.
The City Engineer talked about how he has provided for space between the barriers and the first lane of traffic. In his
opinion, this allows some room for vehicles to move over to allow emergency vehicles to pass. And again, I'm hoping he's
right about that.

So you know, | want people to know that | urge you. | worked very hard on this. | made a lot of motions. | won some. |
lost some and | want to remind everybody that the ordinance says that this is adjustable. Tweaks can be made. Upon
recommendation of the Director of Public Works, the Parking Manager, and the approval of the Committee on
infrastructure, the Mayor may adjust locations of barriers, parking spaces, fees for parking time for parking spaces, and
location of parking spaces as circumstances warrant. So it's, you know, not cast in concrete, pardon the pun. So
adjustments can be made.

The other issue that was that was raised was the objection to the restaurants being allowed to use sidewalk space and
street space without paying anything for it. | heard that. A motion was made to charge a fee and some of us voted for
that but the majority voted against it and the suggestion was made that that this is an issue that is not forgotten. The
Mayor has indicated that he he's willing to look at it. The Chairman of the Task Force, Chairman O'Brien, suggested that
this is something that that should be studied further. So it's not completely out of the picture. I'm hoping that we'll
continue to look at that. On that issue, | hope people understand that, you Know, we're no one Alderman can make things
happen the way he or his constituents want it. It's the Board of Aldermen that acts as a Board so we have to reach a
consensus. There comes a time when you don't have the votes, you don't have the votes and you have to do the best
you can. The Committee voted for this plan and I'm supporting it because, you know, | think we tried hard to come up with
a compromise that will hopefully allow for expanded outdoor dining without harming the other businesses downtown and
without causing too much inconvenience to the rest of the residents in the city. So thank you.

Alderman Klee

Thank you, Madam Chairman. | know a lot of work was done and hopefully | don't muddy the waters here but I'd like to
make an amendment to what has been passed or what has been voted on. I'd like to amend to return to full spaces in
front of 127 Main Street, which is San Francisco Kitchen. That would be striking the shortening the length of the barriers
of the northwest corner of Factory Street and Main Street by 20 feet from the north side and returning those two spaces.
I'd also like in addition to motion to allow that beyond that, those two spaces, that one dedicated and signed handicapped
spot be placed there. The two spaces does displace a handicap spots that’s there so I'd like to move a handicap spot that
has signage and is directly there in front of the Wingate. | think basically in front of the Wingate property there as well as
to move the 15 minute parking behind that. So it would be the two spaces for San Francisco Kitchen, the single
handicapped space behind that, and 15 minute parking.

MOTION BY ALDERMAN KLEE TO AMEND TO RETURN TO FULL SPACES IN FRONT OF 127 MAIN STREET (SAN
FRANCISCO KITCHEN) - SHORTENING THE LENGTH OF THE BARRIERS OF THE NORTHWEST CORNER OF
FACTORY STREET AND MAIN STREET BY 20 FEET FROM THE NORTH SIDE AND RETURNING THOSE TWO
SPACES - THAT ONE BE DEDICATED AND SIGNED A HANDICAPPED SPOT BE PLACED THERE, AND TO MOVE
A HANDICAPPED SPOT THAT HAS SIGNAGE DIRECTLY IN FRONT OF THE WINGATES

ON THE QUESTION

Board of Aldermen 04-12-2022 Page 20
Alderman Klee
And if | could just speak to it a little bit.

President Wilshire

Sure.
Alderman Klee

Thank you very much. | know we all got an e-mail from Mr. Hardy and | called him and | spoke to him. | explained to him
that while | understood that he said no barriers and that they had come to an agreement. | also talked to him that | had
spoken to Ms. Gomez and there had not been an agreement. It was something that | think he didn't quite understand.
They had not really come to an agreement. We talked back and forth and | explained to him that even though he sent us
a letter saying he didn't want the barriers, it was the city and the city alone that gets to determine where the barriers go. It
was HIS right to say what went between the barriers and his property. So he could say, we could put the barriers up and
he could say no tables there. He could say no planter in front of Wingate’s if that's what he wanted to do. He understood
what | said and he agreed that he would have no problems with her putting tables there if we did in fact put up the
barriers. So having talked to him, | explained to him exactly what | was planning on doing. | told him | was going to make
sure that there was a handicapped spot there because one had been displaced and | believe Director Cummings had said
they kind of moved it across the street. | said that does not help Wingate’s because that was one Mr. Wingate’s concern
was that there was no handicapped spot. So | felt one handicapped spot should be in fact put there.

| think this kind of resolves the problem. It allows San Francisco Kitchen to have the two spaces. | believe it’s only
increasing the overall by one space from what we just voted on. It guarantees a signage handicap spot there and it still
allows that 15 minute parking for pickup and drop off. Thank you.

Alderman Clemons

Thank you. | certainly am going to support this amendment. | was unable to attend the two meetings because | was
taking care of my sick father-in-law in Virginia. Had | been at the meetings however, | would have advocated that this
would be the route that we had gone down. | think it is fair both to San Francisco Kitchen and | think it is fair to Wingate’s
as well because it puts a handicapped parking space in front of their business as well as a 15 minute space and then
beyond that a regular space. So there's three different kinds of spaces right in front of their location. So | think that
unfortunately what was voted on to reduce San Francisco Kitchen’s footprint is not enough for their business. | think that
in my opinion, they were one of the largest utilizers of these spaces because | know some people argued that, you know,
doing this in the first place why are we doing it? Well San Francisco Kitchen used that outdoor space.

In any case, | don't want to belittle what the Committee did. | just wanted the opportunity and | appreciate that Alderman
Klee brought this up to speak and vote how | would have had | been there and been able to. And so | certainly am going
to support this. | think it's fair and | hope that my colleagues will support this as well.

Alderman Cathey

Thank you, Madam Chair. I'd actually like to defer to Corporation Counsel because | believe he had some comments
about Alderman Klee’s did you say you disagreed?

Steve Bolton, Corporation Counsel

| think Alderwoman Klee may have said that the owner of the premises had a right to determine what went between the
barrier and the edge of the building or words to that effect?

Alderman Klee
I did, yes

Steve Bolton, Corporation Counsel

| will tell you that's not the law as | understand it. The city can make the sidewalk any width it wishes. The city can plant
decorative trees, install street furniture, benches, planters, rubbish receptacles, all of that is part of the easement or part of
the city’s right pursuant to the easement for viatic use of the right of way. There's been a lot of confusion on this and the

Board of Aldermen 04-12-2022 Page 21

fact is that anything related to the viatic use of the right of way, the owner of the fee interest has no right to control the city.
You can determine that with or without the agreement of the fee owner.

Now non-viatic uses. If the property owner or the owner of the fee interests objects, well then perhaps if it is a non-viatic
use and the court determines that as such, that objection could be recognized by the court and the court could order the
non-viatic use not take place.

Alderman Cathey

Thank you. | thought that might be the case and | would not want the city to place barriers where a property owner would
then say, | don't want a non-viatic use purpose in front of my building. So in theory, we could place the barriers there and
then the property owner who owns both San Francisco Kitchen and Wingate’s could say no to extended outdoor dining
and then therefore we have barriers with nothing for extended outdoor dining behind them, which seems like a waste and
defeats the purpose if it's just going to sit there empty. It also feels like the property owner might then think, well if the
barriers are going to be there anyway | might as well allow extended outdoor dining when he might not want that. And so
| think it behooves the city to find out what the property owner wants before we - or what the property owner wants in
relation to non-viatic use before we go ahead and set up the barriers in that particular location. | think that should apply to
all of the property owners generally but in this specific case, we should know before we place barriers.

President Wilshire

I'm going to call on Alderman Klee because | think she might have an answer for that.
Alderman Klee

| do and thank you for bringing that point up. As | said, | had spoken to him and he was in agreement with it. What the
agreement he thought had been made was originally Wingate Pharmacy had told San Francisco Kitchen they could put
tables there only from 5 to 10 and had to remove them. If they put the table up against their very large plate glass
window, that it was a not a shatterproof and that it could break and it could hurt someone and that was her risk. Who's
gonna want to do that? Who's gonna want to take that on? So for all intent purposes, she really could not do that. They
came back and said that she did not have to move the tables. That's what was told to the owner of the property. She did
not have to move the tables and the property owner said he would assume all liability. The truth is, | also said to him, well
if you put a table there knowing that there is a liability, | will contact the city and ask them to certify that someone is not
being put into danger and therefore | don't think that that table really should or would be able to be put there.

| gave him my plan, my idea. He liked it very much. He did not want to say no to San Francisco Kitchen but he has two
mentors that he absolutely loves. He thinks that they're very good. Wingate has been extraordinary to him and did not
want to irritate or aggravate them in any way, shape, or form. He has been trying to work with them. | said to him if we
put the barriers up, would she be allowed to put the tables up? He said yes. But to add to this, that's when | said to him |
want to make sure that Wingate is protected in this and that they have a handicapped spot because they were losing the
one that they had in front of them. That 15 minute parking, they're the ones that use it mostly for the pickup and the drop
off. | wanted to ensure that they were taken care of and that they weren't harmed by this and that's why | put forward
those other two items. So yes.

Alderman Cathey

Thank you.

Alderman Lopez

So no shock to anybody here that this has been a very tricky issue and that communication has been very difficult in a lot
of areas. What | have found as the Alderman representing downtown is that there has been a lot of passion on the side of
people advocating for the removal of the barriers and a lot of pressure on people who state that they need it for their
livelihood. | have heard from Wingate’s repeatedly. | have tried to accommodate them last year on a number of
occasions and more specifically here, | think, we did accommodate their needs for parking for most of the street. But | do
think that it's not fair to a business that needs enough space to actually benefit from it, that we removed one to benefit a
business that now has access to a lot more parking.

| also found that unfortunately a lot of the restaurants that were spoken to and several of the businesses as well were not
given entirely accurate information as | would see it. They were told things about pharmacies that don't have any parking
and we're not aware of the municipal parking behind that pharmacy. The individuals from the pharmacy have represented

Board of Aldermen 04-12-2022 Page 22

relationships with a lot of different restaurants as positive and engaging where those restaurants have to meet categorize
those is very different. There are a number of people that had asked me to support outdoor dining that were represented
on the petition that was presented to this Board opposing outdoor dining, including San Francisco Kitchen. That petition
was represented as being business owners and concerned property owners on Main Street were a number of the
individuals who signed did not represent the businesses, several business owners said that they didn't fully understand
what was being asked to them. Being a host and a welcoming establishment that's trying to operate a business and
having somebody present who is not taking subtle hits, they regretted signing in order to have that person leave because
ultimately they had to answer for that in a lot of other ways.

So this has been a very contentious issue. | think when you have two neighbors who need the same resources and the
same aspects, it is the role of the city to arbitrate and to manage with structured guidelines so that there aren't
expectations that compete and interfere with each other and so that there is a communication that people put out in the
heat of the moment that they can't necessarily retract later. | respect greatly what Lina and Ruben Gomez have had to
put up with being essentially the focal point of much of our discussions. In addition to them also trying to run businesses
and | appreciate that they came in to sustain San Francisco Kitchen after the previous owners were essentially ready to
sell it. | think it's been a positive influence downtown. Wingate’s has certainly had its history downtown as well and | don't
think we should be making legislation or policies that absolutely deny one or the other access but | also think that there's
been a lot of articulation around compromises that really weren't made. | received an e-mail even today from Mr. Wingate
requesting that | just absolutely say no and indicating that he's absolutely opposed to it despite constant articulation of
compromise and interest.

| think when it comes to business and it comes to passions that individuals have, compromise is not as easy as it sounds.
| think that we as Aldermen have seen that and none of these situations are particularly simple or straightforward. We've
referenced King Solomon's decisions a couple of times and his choice was a little bit risky as | recall it and | think we need
to be very careful and very mindful of this. So in looking at the amendment that Alderman Klee is offering and listening to
the testimony from the Gomez, | think adding a parking space back is fair to give them enough space to do what they
actually need to do with the space. | think if the property owner is willing to let them put the tables out there, it will be
used, and | think we have been compromising and made accommodations for Wingate’s to a reasonable extent that
they're not the only business on the block. So | will support the legislation. | am as Alderman Jette pointed out fully aware
that there can be further conversation about making adjustments and that type of thing. | also support the future plans to
recoup some of the expenses that we lose from parking revenue by charging restaurants. | just think we need to make
sure we have a plan for where that money is going. We have to have a clear understanding of what we're charging for
and that has to go through the same transparency processes that we use for everything else. Thank you.

Alderman Thibeault

Thank you Madam President. So you know we've heard a lot about some of these restaurants on Main Street not paying
Nashua taxes. Well the Gomez’s live in Ward 6. They live here in town and | don't know if they own or not own their
home but if they're renting, that tax is being put into their rent. So they are Nashua citizens. They live here. In their own
words, in the e-mail that they sent to all of us, they said that they felt bullied by people on their block. They felt like they
were being looked at differently than a Martha's, or Michael Buckley's restaurants, right. You Know they haven't been
there as long owning this business. They weren't eligible for the - and she didn't bring it up tonight, but she’s brought it up
before. They weren't eligible for the COVID loans that some other businesses got. And so it's taken more than just, you
know, a COVID free couple of months and even though we're not really COVID free, but you know what | mean. COVID
free enough that people can go into their restaurant. It's taken them a lot longer to recover from that. Like | said, no one's
going to Billy or Michael but they feel like they need to bully them.

| don't think giving them one spot back so they can try to really establish their restaurant even more with them as the
owners get back on their feet. | know supply chain has been tough. Everything's gone up in price. They have a great
establishment there and | would like to see them get that spot back and | think it was a great idea to add the handicap
spot back as well. | think that was perfect because we need one on that side in that area so thank you.

Alderman Sullivan

Thank you, Madam President. | just wanted to say | cannot support this amendment nor this legislation as a whole and I'll
speak to the amendment first. | did read the e-mail today and now I'm trying to keep track of side conversations that were
had and now we want to make an amendment to this amendment because of side conversations that were had. | can't
support that.

Board of Aldermen 04-12-2022 Page 23

Overall, | can't support this legislation because | listened to the people. | read the e-mails. | heard the concerns from
public safety. | think there is an idea out there. | just don't think this is the one. Hats off to all my colleagues that spent
hours upon hours times that number of people trying to come up with a solution. | just can't support this one. Thanks.

Alderman Comeau

Thank you, Madam President. On the amendment, | personally kind of feel like I'm in between both the Gomez's and Mr.
Wingate. I've had what | feel like is a good relationship with both of them and the analogy of King Solomon was brought
up and where | have a decision to make who to side with. Unfortunately for my relationship with Mr. Wingate, I'm going to
side with the Gomez on this because they are my constituents and | have been an advocate since | was elected to the
idea of us being representative of the citizens of our Ward. | plan to vote for the amendment because they are my
constituents and | will support their request.

Alderman Moran

So | had a conversation with Miss Gomez and | was one of the Task Force members that voted for the limiting of the
space. At the time, | thought it was going to create two spaces. After getting the e-mail from Director Cummings, that's
clearly not the outcome of what | thought | was voting for. So even though | was very concerned about amendments
being brought forth today, this one’s not so bad because it gives me the opportunity to rectify a mistake that | made. So I'll
be supporting this amendment because of that.

Alderman Jette

Thank you, Madam President. | think we're losing sight of the fact that when people talk about, you know, taking space
away from San Francisco Kitchen, or giving them a space, or giving a space to Wingate’s, | think we're losing sight of the
fact that those spaces are not ours to give. We can decide to put up barriers and | think Attorney Bolton always chooses
his words very carefully and he always cringes when | attempt to repeat what he said and | screw it up. My understanding
is from what he said that tables and chairs are - he refers to “non-viatic” use. Well tables and chairs are non-viatic use.
So, you know, the city cannot take a space in front of Wingate’s and give it to San Francisco Kitchen. Okay. What the
city can do and this and what this motion is going to do is put a barrier up in front of Wingate’s. So Wingate’s loses
whatever parking that barrier blocks.

Now whether or not San Francisco Kitchen can put tables or chairs there is going to be up to the landlord. Now | would
rather than hearing, you know, your conversations that an alderman has had with the landowner about what he will do or
won't do, | mean no offense but what you said is he's changed his mind at least once, maybe twice, maybe three times.
So | don't know what the final outcome is going to be but if we put barriers up in front of his property, it's certainly going to
make it easier for him to say to San Francisco Kitchen well the space is there, you might as well use it. | think what we're
doing is we're picking winners and losers. | would rather...

President Wilshire

No comments from the audience, please.
Alderman Jette

| would rather we - | mean the ordinance does say there is provision in the ordinance for the Mayor after the Parking
Manager, and Department of Public Works, and the Infrastructure Committee, the Mayor can make adjustments. | would
rather that the landlord, and Wingate’s, and San Francisco Kitchen come up with an agreement among the three of them
and say okay if you do this, this is what we're going to do, or it's okay with us for you to do this.

| feel the same way about the barriers in front of Casanova and Gentle Dental. There are barriers that we're going to put
in front of those two businesses that are going to, you Know, remove that extra parking there. We're doing it because of
an e-mail we got from JaJa Belles. There is no parking space in front of JaJa Belles. Unless her landlord - the same
way, the landlord says okay well the city put barriers there so you can put tables and chairs there because it's not being
used for any other purpose. | think that | would rather see the landowner and the tenants resolve this themselves rather
than our imposing this on them.

As far as the narrowing of Main Street, you know, we can put a barrier at the beginning of the corner of Main and Factory
on the north sides to reduce the lanes on Main Street. But as far as the use of that non-viatic space between the barriers
in the sidewalk, | don't think we should be doing that. I'm going to vote against this amendment. Not to mention, you
know, we were here till 11 o'clock one night, one o'clock another night working this out, and now here we are its 9:30. |

Board of Aldermen 04-12-2022 Page 24

don't know how much longer we're gonna be here arguing about this. | would rather we just, you know, adopt with the
committee came up with and let the Mayor use the power that we've given him in the ordinance to make adjustments.

President Wilshire

Mayor did you want to chime in on that?

Mayor Donchess

Well just a clarification. | mean in the Task Force discussions, the viatic right issue came out and | guess it was first
raised by Alderman Cathey. The Legal Department looked at that and the landowner in the case of a non-viatic use does
have the authority to say no. The idea that we would put out barriers without any tables there, we're not going to do that.

| mean, we're going to ask for - the procedure I've talked with Director Cummings about is we're going to ask the
restaurant to gain the authority of the it's not the tenant. It's the owner of the property gain the permission or consent of
the property owner before we put the barriers up. | mean we cannot put up barriers and have no tables. We're not going
to do that and we have to kind of work all this out before any barriers go up because we can't put up some, and wait, and
put up others. | mean we're gonna have to have a complete plan and then go in and put barriers up where we have the
plan from the Aldermen and owner's consent. And where we have both, we'll go forward. If the owner says no, you know,
we're not going to risk litigation over this. So again, we're not going to put up there where there's not owner's consent.

Alderman Dowd

Yes and I'm gonna be brief so we’re not here til one in the morning. I'm going to support the amendment because one of
the things going into this whole plan that concerned me was trying to be as fair to all the individual business owners as
possible. | think we've done that in all the compromises we made adding parking, and taking care of Franklin Street, and
all these other things.

| think what we've done to San Francisco Kitchen is a detriment to a small business trying to get on their feet being new
owners. | think that that we need to support them and just like any other small business downtown. | feel that | represent
not just the people in my Ward - and many, many people in my Ward want the extended outdoor dining that haven't put it
on Facebook or e-mails. They just talked to me. | feel that | also represent the entire city. When | cast the vote, it's for all
taxpayers. It's not segregated into Ward 2. And by the way, Mr. Wingate is a constituent of mine and I'm going to vote for
the amendmert.

Alderman Klee

Thank you again once again, Madam President. | would have loved to have done that conversation over e-mail to all of
us at the same time but because of Right to Know, that just can't happen. So | had the conversation the way | had the
conversation with him. | even did a quick little e-mail out to him basically saying this is what I'm going to do and so on so
that he had it in writing exactly. | did cc Alderman Lopez because it is his Ward on it but | didn't put any other Aldermen
on simply because it would be wrong. Again, side conversations have to happen because of Right to Know. | can't have
that conversation with more than a majority on this committee. So that's why those happened. It wasn't trying to be
sneaky, trying to do something that would be underhanded, or anything of that nature. | did it the way | had to do it legally
and so on.

Like Alderman Dowd, | have heard from many constituents verbally. They are now getting paranoid to send e-mails.
They don't want to put things on Facebook because of having threatened. They feel that their e-mails are going to be
pulled and then it's going to become public knowledge. They don't want to put on Facebook because they're being bullied
and this is real and this is happening. So that's why they give you a call, or they stop you in a restaurant which is what
happened in one particular case. We have these conversations and don't get me wrong, | have received from my Ward
constituents such as Mr. Miller that they are not in favor of this. So I'm not just hearing those that are in favor. | think it's
pretty even as to who wants it and who doesn't want it. Then there are those who don't speak out. So there are those
who don't want it who don't speak out, they just aren't going to bother and there are those who do want it and won't speak
out for it.

| think this is a good and fair compromise. We had put this through just having that one little space is all it would do. As
the Mayor said once we approve this, if Mr. Hardy comes back and says | absolutely will not give them permission to put
the - then there would be no need to put the barriers up. But if he said if the barriers there and | will do it and so on. | just
believe that putting the handicapped spot, keeping the 15 minute parking space helps and it's exactly what he had asked
for. | think this is a compromise, compromise, compromise and no one gets hurt.