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Special Board of Aldermen 12-21-2020 Page 47
President Wilshire
Alderman Kelly?

Alderwoman Kelly

| would move to refer this Ordinance to the Board of Alderman meeting tomorrow evening with no
recommendation.

MOTION BY ALDERWOMAN KELLY TO REFER THE ORDINANCE TO THE FULL BOARD OF
ALDERMEN’S MEETING 12/22/2020 WITHOUT RECOMMENDATION BY ROLL CALL

ON THE QUESTION
President Wilshire
OK you’ve heard the motion, discussion on that motion? Seeing none, would the clerk please call the roll?
A viva voce roll call was taken which resulted as follows:
Yea: Alderman Klee, Alderwoman Kelly, Alderman Dowd, Alderman Caron,
Alderman Lopez, Alderman Tencza, Alderwoman Lu, Alderman Jette,
Alderman Schmidt, Alderman Laws, Alderman Cleaver,
Alderman Harriott-Gathright, Alderman Wilshire 13
Nay: Alderman O’Brien, Alderman Clemons 2

MOTION CARRIED

MOTION BY ALDERMAN O’BRIEN THAT THE SPECIAL ALDERMANIC MEETING OF DECEMBER 21,
2020 OF THE BOARD OF ALDERMEN BE ADJOURNED BY ROLL CALL

A viva voce roll call was taken to adjourn the Board of Aldermen meeting 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, Alderman Harriott-Gathright, Alderman Wilshire 15
Nay: 0
MOTION CARRIED

The meeting was declared adjourned at 9:55 p.m.

Attest: Susan K. Lovering, City Clerk

Special Board of Alderman meeting 12/21/2020

Re: O-20-044
Relative to a Ban on certain Indoor activities for certain businesses starting at 9:30pm

Hello and Good Evening,

For the record, my name is Chuck Cappetta and | have been honored to serve as a member of
the Nashua Board of Health for the past 6 years and a full-time pediatrician for the past 30.

For 27 of these years, | have been here in Nashua serving the Greater Nashua Community in
this capacity of looking after infants, children, young adults and families.

| have also served as the school physician for both SAU 42 (Nashua) and SAU 41 (Hollis
Brookline) for the same 27 years and most recently for 3 years as the Physician of Record for
Bishop Guertin High School.

| extend a wholehearted thank you to Mayor Jim Donchess and all the wonderful Alderwomen
and Aldermen who have attended and participated in the Nashua Public Health Department
Zoom meetings these past few weeks around the discussion of a potential implementation of a
possible 9:30 pm curfew.

Let me begin my remarks by stating for the record- this has not been an easy discussion from
the start.

To frame our efforts for those not able to hear the discussion-we are not the Board of Labor,
we are not the Board of Commerce or Trade so where we started this education/prevention
message emanated from our roles as members.

As medical professionals, our mission is straightforward, and our only agenda is short and
sweet:

How can we maintain the best possible outcomes of good health for all of those around us in
our collective community-both young and old-while advocating for strategies or solutions that
may be able to minimize sickness and maximize disease prevention?

That is the definition of Public Health.

This proposed short term Emergency ordinance is one such example of trying to do our best to
preserve and protect the health and wellbeing of the citizens of Nashua.

Let the obvious be stated - this is not a practice drill-this pandemic is the real thing front and
center like nothing we in the medical establishment have seen since the early 1900's.

This virus has ravaged our economy, has taken innocent lives and there is no one here tonight
that has not been touched by what this virus has done in less than 1 year.

Taking data from the NYTimes this past Friday (12/18/2020), there are over 17.6 million positive
Covid cases and 314,000 deaths in the US with >75 million cases and 1.6 million deaths world-
wide.

Locally, our Nashua numbers reflect similar scary statistics that other members of the Public
Health Department who are on the line will be sharing with you tonight when | am finished.

Our 7day positivity rate is now 11% and cases are climbing daily, the hospital beds are filled to
the max and if not overloaded already, our 2 local hospitals will be soon and despite our
messaging over the Thanksgiving weekend around further education of how to potentially slow
the spread, the virus keeps coming closer and closer to all of us- regardless of profession, what
street we live on or where we go to school.

This virus, like all viruses, doesn’t pay attention to any rules or stop signs.

The train has left the station and this ordinance is simply a “short term” emergency measure to
see if we can try to decrease the rate of viral infectivity spread and lessen the speed that the
Covid 19 virus gathers each and every day on its path of increasing morbidity (illness) and
mortality (death).

As a physician, | fully endorse that the “Practice of Medicine” comes from the science before
us- hence the expression -from the Bench to the Bedside- and all the now standard universal
best practices that we live and endorse every day in the hospital or outpatient setting only
come to fruition from past extensive rigorous research along with a strong, unbiased,
accountable and reproducible academic review.

It has never been, nor will it ever be, the activity of the Board of Health to attempt to interfere
with or purposely disrupt or disregard the heroic efforts put forth over these past 9 months by
the hard-working Nashua business leaders with regards to trying to come to grips with the best
way to contain, control or combat this deadly virus.

| am amazed and humbled by the willingness of most everyone to do what is needed to try to
make a difference in its contagious spread.

| know | can speak for the 2 other voting members of the Board of Health and the many
dedicated professionals of the Nashua Public Health Department, who diligently helped to
frame and address this very serious issue, that the topic of early closure of many, already
struggling businesses at 9:30 pm was not taken lightly.

For those asking for evidence around “show me the science and the data”, we have limited, if
any data at the present time, to outline that “curfews” work to do what we “want or expect
them to do” but when, not if, we climb out of this scary hole we now find ourselves in, those
smarter than me, may be able to look and see if actions such as this one, made any difference
at all.

Am | hopeful that by implementing this curfew, the virus will suddenly shrink away and run for
the hills?

Of course not, but for me-the act of medically doing “nothing” is just not an option.

What we do know- relative to this ordinance- are 4 Key Prevention Measures that have been
shown to be effective and universally accepted as fact and indisputable in the 24/7 attempt to
combat this virus:
1) Social distancing of 6 feet of more is essential
2) Wearing of appropriate face masks when in the public arena
3) Handwashing or use of hand sanitizer is critical
4) Proper ventilation methods that help lessen the aerosolized spread in the case of indoor
dining/drinking or any building setting where people come together for an extended
period of time in close proximity

The question has been previously raised on “Why does it appear that restaurants/bars and
other establishments that serve food and drink” seem to be the sole focus of this ordinance
versus the Big box stores who have more people per hour perhaps going through them than
these apparent “targeted” establishments?

| have included a Boston Globe link (12/19/2020) in my notes to be submitted later on just this
topic for your review and consideration.

https://www.bostonglobe.com/2020/12/19/metro/superspreader-destinations…-
indoor-dining-during-covid-19-so-risky/?s_campaign=coronavirusnow:newsletter

The answer is simple:

1) People take off their masks to eat and drink and it is this activity that leads to a higher
spreadable virus infectivity potential.

2) Alcohol decreases inhibitions and potential for louder talking/shouting across the tables
and therefore more spread. It is a fact that we now know that aerosolized droplets from
just speaking or talking can travel up to 3-9 feet.

3) Physical barriers on tables/between patrons do not stop the spread of the virus when
the mask is off but often simply act like a fly swatter whereby the virus can hit this wall
and be pushed off in different directions depending on the make-up of the barrier-aka-
plexiglass/wood/plastic etc.

4) Barriers are hard to clean and though maybe look clean to the naked eye, are not
“sterile” for the next patron despite the best attempt to clean them between sittings
(and through no fault of the staff member-viruses can be very resistant to being
decimated).

5) Most importantly-people are congregating in these establishments in tight spaces-even
though upholding the 6 feet of social distancing-for an extended period of time (up to
90 minutes in some locations) situated next to other patrons who are not usually in the
same “personal bubble space” as themselves or their family members at home vs the
stream of people with masks walking with usually limited respiratory contact through
the aisles of the big box stores or grocery stores for example.

My Public Health department colleagues have been effusive in their praise to all businesses
who have heard this education message and have taken to heart what it implies and have made
the necessary changes to workflow, room arrangements and staff teachings with often great
personal financial strain to their bottom line and for that again, we all thank you for doing your
part.

| too have heard the wonderful public comments in our various recent meetings and have read
the 4 submitted letters to this meeting tonight from our outstanding business owners who have
walked the talk and done what they can to minimize the spread.

Again, | don’t disagree with your sentiments around the potential for true economic hardships
on what this could do to your business but despite it all, the statistics we have gathered around
what is truly happening in our community as supported by the documents previously submitted
to this meeting and for your review tonight show a much more ominous reality.

This request for a curfew was never meant to be seen as a punitive act against a select group of
Nashua citizens who we all support and endorse but rather, | see this ordinance as one medical
short-term effort to decrease the spread before a potential complete shut-down encroaches
upon us over the next few months like we had in March.

| take my hat off to you and thank each one of you who took the time to share their thoughts in
public but also to the silent majority of other restaurant and business owners who | am sure
share these same sentiments.

As a frequent patron to so many of the great Nashua businesses, | am torn in my role as a
citizen and in my role as a health educator but my allegiance and the oath that | took over 32
years ago as a physician to uphold and protect to the best of my ability one’s health above all
else is the singular driving force here in trying to make a difference and for this reason-| have to
believe we have to try this emergency ordinance before it gets even worse.

Respectfully Submitted,

Charles T. Cappetta, MD
12/21/2020

SPECIAL BOARD OF ALDERMEN
DECEMBER 21, 2020

7:00 PM
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PRESIDENT LORI WILSHIRE CALLS ASSEMBLY TO ORDER

PRAYER OFFERED BY CITY CLERK SUSAN K. LOVERING
PLEDGE TO THE FLAG LED BY ALDERMAN JAN SCHMIDT
ROLL CALL

COMMUNICATIONS

From: President Lori Wilshire

Re: Calling a Special Board of Aldermen meeting to discuss O-20-044 Relative to a ban on certain
outdoor activities for certain businesses starting at 9:30 PM

PERIOD FOR PUBLIC COMMENT

NEW BUSINESS —- ORDINANCES

O-20-044
Endorsers: Alderman Thomas Lopez
RELATIVE TO ABAN ON CERTAIN INDOOR ACTIVITIES FOR CERTAIN BUSINESSES
STARTING AT 9:30 PM
e Anticipated referral to Board of Aldermen 12/22/20

ADJOURNMENT

Board of Aldermen

City of Nashua
229 Main Street Lori Wilshire
Nashua, NH 03061-2019 President, Board of Aldermen

(603) 589-3030

December 18, 2020

Susan K. Lovering, City Clerk
City of Nashua

229 Main Street

Nashua, NH 03061-2019

Dear Ms. Lovering:
Please be advised | am hereby calling a Special Meeting of the Board of Aldermen for Monday,

December 21, 2020, at 7:00 p.m. which will be held remotely relative to a discussion on Ordinance
O0-20-044 Relative to a Ban on Certain Indoor Activities for Certain Businesses Starting at 9:30 PM.

Thank you.

a bahrre
Lori Wilshire

President

cc: Mayor Jim Donchess
Steven A. Bolton, Corporation Counsel

O-20-044

ORDINANCE

RELATIVE TO A BAN ON CERTAIN INDOOR ACTIVITIES FOR CERTAIN
BUSINESSES STARTING AT 9:30 PM

CITY OF NASHUA

In the Year Two Thousand and Twenty

WHEREAS, there is currently a state of emergency in the State of New Hampshire due
to the outbreak of the 2019 novel Coronavirus ("COVID-19");

WHEREAS, on March 11, 2020, the COVID-19 outbreak was characterized as a
pandemic by the World Health Organization;

WHEREAS, the Federal Centers for Disease Control and Prevention ("CDC") have
advised that COVID-19 is spread mainly by person-to-person contact and that the best means of
slowing the spread of the virus is through practicing social distancing and by minimizing
personal contact with large groups and with environments where this potentially deadly virus
may be transmitted including, in particular, spaces that present enhanced risks because of large
number of persons present or passing through who may spread the virus through respiratory
activity or surface contacts;

WHEREAS, as the City has seen a recent increase in cases, further intervention is
warranted to moderate case growth; and

WHEREAS, the Board of Health held meetings to discuss the adoption of a “curfew” for
the City of Nashua to slow the spread of coronavirus disease in the community during high risk
activities that promote the spread of the virus.

Now therefore, the City of Nashua ordains that the following regulation unanimously
adopted by the Nashua Board of Health is hereby approved:

Effective at 12:01 AM on the day following passage of this legislation, in the City of
Nashua no indoor activities may take place after 9:30 PM at any establishment where masks
cannot be worn the entire time on site, specifically at bars, restaurants, and night clubs where
eating or drinking occurs where masks have to be removed.

§ 170-5

He-P 2305.01 -05 § 100.00 S 250100 ue CV 11-Personnel with infections restricted

fer 508 06-08 5 100.00 Sore spogne CV 12-Personnel-hands washed and good hygienic practices
He? 2310.03 See azo sre CV 20-Food Equip. + Utensils-sanitized, etc.

He? 21 | $ 100/09 $250.00 5200.09 CV 27-Water source-hot and cold

Hep 2312 re ogee Sow CV 28-Sewage and waste water disposal

Fe-P2913,02 Po ewe Seg CV 30-Plumbing-cross connection, backflow, etc.

Pu 700+ He 231401-03 | $100.00 | $250.00 eaeehs CV 31-Toilet + Hand washing Facilities

He23 16 pe BLS Ce ae CV 35-Insect, Rodent Animal Control

nepases See oor as saten Sea CV 41-Other Operations-Tanic items

Chap. 105 Art. $ 50.00 $ 100.00 $ 200.00 Building. Violation

Chap. 105 Art. 11 $ 50.00 $ 100.00 $ 200.00 Mechanical Violation

Chap. 105 Art. IV $ 50.00 $ 100.00 $ 200.00 Plumbing Violation

Chap. 105 Art. V $ 50.00 $ 100.00 $ 200.00 Electrical Violation

§ 190 -146 $ 200.00 $ 400.00 Court Appearance | site Plan Violation

§ 190-135 $ 200.00 $ 400.00 Court Appearance | sytdivision Plan Violation

§ 190-15 $ 100.00 $ 200.00 Court Appearance | Zoning Use Violation

§ 190-16 $ 100.00 $ 200.00 Court Appearance | Zoning Dimensional Violation

Chap. 190, Art. X $ 100.00 $ 200.00 Court Appearance Sign Violation

Chap. 190, Art. XI $ 100.00 $200.00 Court Appearance | Wetlands Vialation

Chap. 190, Art VII $ 100.00 $ 200.00 Court Appearance | gigod Plain Violation

eek ii Art. $ 200.00 $ 400.00 Court Appearance ae accupancy.capacity of the pasted Place of Assembly
nna tik v 5 100.00 sz Court Appearance Failure to maintain kitchen hood suppression system __
NE sel en Soe $200.00 oor peanatc Failure to maintain cooking hood and ventilation gystem
Steal ne Art. IV $ 150,00 $ 300.00 Court Appearance system. maintain the buildings water based fire protection
rr i es Stee ny Com Aen Failure to maintain the buildings fire alann system

(2) If any penalty set forth in Table 4-1 is not paid within ten days of the date the
citation was issued, the penalty shall be the amount set forth in Table 4-1 of this
subsection plus $50 up to a maximum of $1,000.

B. The penalties for any other offense for which a citation has been issued shall be as

follows:

(1) First offense - $50 if paid within ten days; $100 thereafter.

(2) Second offense - $100 if paid within ten days; $150 thereafter.
(3) Subsequent offense - $200 if paid within ten days; $250 thereafter.

Cc. Second and subsequent offenses are offenses that occur within twelve months of the first

offense.

§ 74-5. Penalty.

Whenever any person fails to pay any penalty imposed pursuant to a citation issued under the
authority granted by this chapter, § 1-12, or § 1-13, such person shall be guilty of a violation and
shall, upon conviction, be punished by a fine not to exceed the maximum allowed by RSA 47:17
or other applicable law for each offense. Each citation penalty, which is not paid, shall constitute