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A special meeting of the Board of Aldermen was held Tuesday, November 17, 2020, at 7:00 p.m. via Zoom.
President Lori Wilshire presided; City Clerk Susan Lovering recorded.
Prayer was offered by City Clerk Susan Lovering; Alderman Thomas Lopez 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:

Providing public access to the meeting by telephone, with additional access possibilities by video or
other electronic means:

To access Zoom, please refer to the agenda or the City’s website for the meeting link.

To join by phone dial: 1-929-205-6099 - Meeting ID: 878 2843 0451 - Passcode: 490368

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, Nashua Public Library and the Nashua Telegraph.

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

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.

Let’s start the meeting by taking a roll call attendance. VWhen 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, Alderwoman Shoshanna Kelly, Alderman Richard A. Dowd,

Alderman June M. Caron, Alderman Benjamin Clemons, Alderman Lopez, Alderman David C. Tencza,
Alderwoman Elizabeth Lu, Alderman Ernest Jette, Alderman Jan Schmidt, Alderman Brandon Michael
Laws, Alderman Skip Cleaver, Alderman Linda Harriott-Gathright, Alderman Wilshire. Alderman Tencza
arrived at 7:23 p.m.

Alderwoman Kelly, Alderman Caron, and Alderman Cleaver were recorded absent.
Mayor James W. Donchess was also in attendance.

ROLL CALL

Special Board of Aldermen 11-17-2020 Page 2
Alderman O’Brien

| am present, | can hear the proceedings, | am alone and practicing safe distancing.

Alderman Klee

| am here, | am alone, | can hear everybody and | am practicing social distancing.

Alderman Dowd

| am present, | can hear everyone, | am alone and practicing social distancing.

Susan Lovering, City Clerk

Alderman Caron?

President Wilshire

Alderman Caron won't be joining us this evening.

Susan Lovering, City Clerk

Thank you, President Wilshire. Alderman Clemons?

Alderman Clemons

Good evening. | am here. | can hear everybody. | am by myself at my house this evening. Thank you.

Alderman Lopez

| can see and hear everybody. | am here by myself at home. | was unable to attend because there is a
global pandemic and Nashua has seen a surge in cases.

Susan Lovering, City Clerk

Alderman Tencza?

President Wilshire

Alderman Tencza may not be joining us or he may.
Susan Lovering, City Clerk

Thank you. Alderwoman Lu.

Alderwoman Lu

| am here alone and | can hear you.

Alderman Jette

| am here, | can hear the proceedings and | am staying safer at home and | am alone.

Special Board of Aldermen 11-17-2020 Page 3
Alderman Schmidt

| am present, | am alone in the room, and it is still unsafe together.

Alderman Laws

| am here, | can hear you and! am social distancing because of the pandemic.

Alderman Harriott-Gathright

| am present, | can hear you, | am practicing social distancing and | am in the room alone.
President Wilshire
| am here, | am alone and | am social distancing.

Susan Lovering, City Clerk

You have 11 in attendance.

President Wilshire

Thank you. Also in attendance is Mayor Donchess, | see Director Marchant, anyone I’m missing? Dan
Donovan, that’s all | see right now. Ok tonight’s Public Hearing on Ordinance 20-034, Extending
Temporary Adjustments to Site Plans to allow for greater outdoor seating at restaurants. Is there someone
here to give us an overview of this? Director Marchant?

Sarah Marchant, Director of Community Development

Thank you, Alderman Wilshire. | will give just a quick overview. This was enacted as an emergency
measure back in June | think to complement some of the changes that the City was doing on public
property in downtown. This is very specific only to private property. Since this was enacted, we had over 15
private property restaurants take advantage of this program. They are very much are interested in
continuing, so we are asking for your approval to continue with this. There may be some that don’t have
outdoor seating over the winter but would like to be able to reopen as quickly as they can in the spring. Or
some are interested in attempting to continue to have outdoor dining during the winter months. So we want
to be able to accommodate those businesses that are trying really hard at this moment.

President Wilshire

Thank you very much. As is customary, | will turn this over to not the Chair, Alderman Tencza is not with
us this evening, but Alderman Laws as Vice Chair, | will turn over the Public Hearing.

Vice Chairman Laws

| said | was prepared for that but ... | am not sure the procedure here, | thought we were going to do the
public hearing. So | just call and see if there are any members of the public who would like to speak.

President Wilshire
Testimony in favor and testimony in opposition.
Vice Chairman Laws

Thank you, sorry.

Special Board of Aldermen 11-17-2020 Page 4
President Wilshire

You’re welcome. It’s alright.

Vice Chairman Laws

| would like to hear if there’s testimony in favor. If there are any members of the public that would like to
speak, | need to have them make it known because | can’t see anybody.

PUBLIC HEARING
O0-20-034 EXTENDING TEMPORARY ADJUSTMENTS TO SITE PLANS TO ALLOW FOR GREATER
OUTDOOR SEATING AT RESTAURANTS
TESTIMONY IN FAVOR - None

TESTIMONY IN OPPOSITION - None

TESTIMONY IN FAVOR - None

TESTIMONY IN OPPOSITION - None

Vice Chairman Laws
Testimony is closed and I'll hand it back to you Madam President.
President Wilshire closed the public hearing on O-20-034 at 7:08 p.m.
ADJOURNMENT
MOTION BY ALDERMAN O’BRIEN TO ADJOURN, BY ROLL CALL
A viva voce roll call was taken which resulted as follows:
Yea: Alderman O’Brien, Alderman Klee, Alderman Dowd,

Alderman Clemons, Alderman Lopez, Alderwoman Lu,

Alderman Jette, Alderman Schmidt, Alderman Laws,

Alderwoman Harriott-Gathright, Alderman Wilshire 11
Nay: 0
MOTION CARRIED

The special meeting was declared adjourned at 7:09 p.m.

Attest: Susan K. Lovering, City Clerk

SPECIAL BOARD OF ALDERMEN
NOVEMBER 17, 2020
7:00 PM

To access Zoom: https://usQ2web.zoom.us/j/87828430451 ?7pwd=NiQ4WmIMVjFJTDNPc3NLZ3pvTHozQT09
Meeting ID: 878 2843 0451 Passcode: 490368

To Join by Telephone: 1-929-205-6099 Meeting ID: 878 2843 0451 Passcode: 490368

If for some reason you cannot connect to Zoom, please contact us at (603) 821-2049 and they will help you
with connectivity. The public may also view the meeting va Channel 16.

PRESIDENT LORI WILSHIRE CALLS ASSEMBLY TO ORDER

PRAYER OFFERED BY CITY CLERK SUSAN K. LOVERING
PLEDGE TO THE FLAG LED BY ALDERMAN THOMAS LOPEZ

ROLL CALL

PUBLIC HEARING

O-20-034

EXTENDING TEMPORARY ADJUSTMENTS TO SITE PLANS TO ALLOW FOR GREATER
OUTDOOR SEATING AT RESTAURANTS

Testimony in Favor

Testimony in Opposition

Testimony in Favor

Testimony in Opposition

ADJOURNMENT

O-20-034

ORDINANCE

EXTENDING TEMPORARY ADJUSTMENTS TO SITE PLANS TO ALLOW FOR
GREATER OUTDOOR SEATING AT RESTAURANTS

CITY OF NASHUA
In the Year Two Thousand and Twenty

Whereas 0-20-14, amended, “Relative to temporary adjustment to site plans”, was passed
by the Board of Aldermen on June 10, 2020. Said emergency measure allowed the Community
Development Director or designee to approve the temporary modification of site plans to allow
restaurants to provide additional outdoor seating, and that authorization and any approvals
thereunder expire on January 1, 2021. This legislation is to extend that time frame.

Now, therefore, the City of Nashua ordains that

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. No 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, 2022
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. and publish it and any subsequent
emergency measures on the city website.

LEGISLATIVE YEAR 2020

ORDINANCE: O-20-034
PURPOSE: Extending temporary adjustments of site plans to allow for

greater outdoor seating at restaurants

ENDORSERS: Alderman-at-Large Michael B. O’Brien, Sr.
Alderman-at-Large Ben Clemons

COMMITTEE
ASSIGNMENT:

FISCAL NOTE: None.

ANALYSIS

This legislation extends the ability for the community development director or designee to modify
existing site plans to enable restaurants to provide additional outdoor seating for an additional year,
through January 1, 2022.

This measure should be referred to the Planning Board and a public hearing scheduled.

Approved as to form: Office of Corporation Counsel

By:

Date:

A regular meeting of the Board of Aldermen was held Tuesday, November 10, 2020, at 7:30 p.m. via
teleconference.

President Lori Wilshire presided; City Clerk Susan Lovering recorded.
Prayer was offered by City Clerk Susan Lovering; Alderman Ben Clemons 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:

Providing public access to the meeting by telephone, with additional access possibilities by video or
other electronic means:

To access Zoom, please refer to the agenda or the City’s website for the meeting link.

To join by phone dial: 1-929-205-6099 - Meeting ID: 820 5048 7247 Passcode: 411072

The public may also view the meeting via Channel 16.

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 and Nashua Public Library.

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

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.

Let’s start the meeting by taking a roll call attendance. VWhen 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.

The roll call was taken with 15 members of the Board of Aldermen present: Alderman Michael B. O’Brien,

Sr., Alderman Patricia Klee, Alderwoman Shoshanna Kelly, Alderman Richard A. Dowd, Alderman June M.
Caron, Alderman Benjamin Clemons, Alderman Thomas Lopez, Alderman David C. Tencza, Alderwoman

Elizabeth Lu, Alderman Ernest Jette, Alderman Jan Schmidt, Alderman Brandon Michael Laws, Alderman

Skip Cleaver, Alderman Linda Harriott-Gathright, Alderman Wilshire.

Mayor James W. Donchess, Corporation Counsel Steven A. Bolton, were also in attendance.

Board of Aldermen 11-10-2020
ROLL CALL

Alderman O’Brien

| am present, | can hear the proceedings and | am alone.
Alderman Klee

| am here, | can hear the proceedings and | am alone.
Alderwoman Kelly

I’m here, | can hear everyone and | am alone.

Alderman Dowd

| am present, | can hear the proceedings and | am alone.
Alderman Caron

Yes, | am here, | am alone and | can hear everyone.

Alderman Clemons

Page 2

Hi, | am here, | am alone in this room, although my wife is home with me and | can hear everyone.

Alderman Lopez

| am here, | am alone and | can hear and see everyone.

Alderman Tencza

| am present, | am alone in the room and | can hear everyone.

Alderwoman Lu
| am alone and | can hear everyone.

Alderman Jette

| am here, | can hear the proceedings and | am with my wife.

Alderman Schmidt

| am present and | am alone in the room.
Alderman Laws

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

Alderman Cleaver

| am present, my daughter is in an adjoining room and | can hear the proceedings just fine.

Board of Aldermen 11-10-2020 Page 3

Alderman Harriott-Gathright

| am present, | can hear everyone and | am in this room alone.
President Wilshire
| am here, | am alone and | can hear everyone.

Susan Lovering, City Clerk

You have 15 in attendance.
President Wilshire

Thank you. Also with us this evening is Mayor James Donchess and Corporation Counsel Steve Bolton. Mayor,
do you wish to address the Board this evening?

REMARKS BY THE MAYOR

Mayor Donchess

Yes, Madam President, | do. The COVID-19 epidemic, the rise in cases that we have seen in recent weeks; of
course Public Health has been, for months, working very hard to contain the spread of the virus. We have a
mask ordinance and the City and our community has been working together to try to protect as many of our
community members as possible. But the scientists and the medical experts told us and have been telling us
for quite some time, that in the fall, and as the weather became colder, that we should see a rise in the number
of cases. And, of course, they are basing this upon their experience with other Coronaviruses related to, but not
the same obviously as COVID-19.

The scientists, the science was right, as was predicted, across the country, especially across the country, more
than here in New England, but across the country in many places, in the mid-west, in the south, the number of
cases has climbed very dramatically. In various places, hospitals are virtually overwhelmed. Here in New
England, in New Hampshire, we have also seen a rise in the number of cases, but not to the degree that other
parts of the country have seen, but still something that we need to be concerned about.

| believe the Director of Public Health and Community Services; Bobbie Bagley is on the call. If you have any
questions or need any further information beyond what | give you, but right now, we have in Nashua 150 active
cases. Now you might recall that in the summer months, that number was down to 20 or 25 at various times,
but now it’s up to 150. And that spans all ages, young people, middle aged, older people. The number of
contacts that have been identified, people who were in contact with those 150 positive patients in the days
before they were diagnosed, 263 contacts. That’s a lot of contacts. You might recall that we were down in
much, much lower than that during the summer and early fall, during the better weather.

Now, of course, as you know, it’s very important in containing the spread of the virus that our Public Health
Department do contact tracing; meaning they talk with each of the 263 people, keep in touch with them, advise
them that they need to quarantine and take other protective measures to make sure that they — or to try to limit
the chances that they would spread the virus to yet someone else. Public Health has been doing a very good
job in keeping up with this. They’ve also been holding testing clinics on a periodic basis, weekly basis; there
was one today. Over 100 people were tested today in the Elm Street garage, this afternoon.