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Special Board of Aldermen 07-06-2021 Page 5

What became apparent in my opinion over the last year was with a Board of three, they’re very vulnerable
to their own needs professional speaking. They have an obligation to treat their patients, to have to
maintain the appointments that they schedule and sometimes meetings where they’re exploring public
policy can become longer than anticipated or issues can come up that need to be addressed faster. When
you only have three people on the Board if you have one person who is not able to make it because of work
obligations or has to leave because of work obligations, you’re basically left with a one versus one
committee. So discussion becomes difficult because if there’s any disagreement, they can’t reach a
resolution.

So what the referendum does is it introduces the opportunity for the voters to adopt an ordinance that
would upgrade the Board of Health to five members instead of three. Because it was originally conceived
of before psychiatry was particularly recognized, one of the positions could be a medical doctor but could
also include someone with doctorate level experience in psychiatry. That’s | think more relevant today than
ever it has been because we’re facing public health issues like suicide outbreaks and substance misuse
outbreaks where the opioid crisis is more specifically a substance use disorder and that discipline has more
input on it.

Then additionally one of the spaces could be used for somebody who has advance public health
knowledge or experience because as it is right now, we don’t have any public health practitioners who
aren't employed by the City. That’s what the ordinance does is it allows for a more flexible quorum to be
reached and if there’s an incident where there’s a health crisis facing the city, we’re not going to put the
Board of Health members into a situation where they’d have to decide between treating a patient and
advising policy for the City.

Chairman Caron

Thank you. Director Bagley are you on Zoom?

Director Bobbie Bagley

Yes good evening | am here. | am at home.

Chairman Caron

Would you be willing to speak on this on behalf of the Board of Health Commissioners?

Director Bobbie Bagley

We have the Chair of the Board of Health who’s also on.

Chairman Caron

Oh okay. Yes | see him now. Okay would you like him to speak?

Director Bobbie Bagley

Yes please. Thank you.

Special Board of Aldermen 07-06-2021 Page 6

Chairman Caron

Dr. Storace would you like to speak concerning this piece of legislation to expand the Board of Health
Commission?

Dr. Anthony Storace

Yes please. You know me, I’m not a great public speaker. It’s not my forte so I’ve written things down in
notes and | hope you can accept my apology for such. Also when | came on the Board of Health | didn’t
have reading glasses and | now do. | would like to say I’m speaking for all the members of the Nashua
Board of Health and have Dr. Chuck and Dr. Stephanie’s permission to do. Each and every one of us are
not in favor of this proposal. We do not support the opinions presented by the proposer regarding
members not being able to make meetings, having to postpone vital votes, or not having the time to commit
to the Board of Health and the best interests of the City of Nashua.

| would like to say — I'll leave the rest of that maybe for a little bit later and just kind of go down the things
that | think are the pros of the Board as is. Current size works perfectly. It allows for better productivity and
actually a quick response and therefore I’m in disagreement with Tom on that. Smaller boards can do that.
Larger boards can’t. The current doctors are focused and committee. They’re a great compliment to each
other resulting in different opinions, deep thought, and robust discussions. They work well together along
with the City health teams. The doctors have a high level of trust of each other and they health teams that
support us. There is no personal or political bias. Each team member has a specific role that compliments
the team. We play well off of each other and we play well with each other. We are war harden.

What we saw last year would be down any professional, any person for that matter. None of us has seen
this before — education. Private practice, or Public health and | hope we never see it again. But it’s not
over. We're seeing the action from the variants and you may recall my words when we lifted the masks —
the variants were what scared me at that time the most.

What we believe are against this. We don’t need to change and compliment matters. Believe it or not, it’s
hard to find professionals to serve time and commit. My 25 years on the Board, we’ve asked many people
and some of them would have loved to but they just can’t do it. Five is a harder number to integrate. I’ve
served on many committees throughout my years and | can tell you there is a reason why we have
subcommittees of larger committees — it’s to get more work done, and we get that work done, and we work
well together, and we trust each other, and we trust the people around us. If | have to know something, my
go to people are Bobbie, any one of the members of the Public Health, and each one of the doctors that |
have.

We feel that there is no need to break up the team. We weren’t consulted on this. Period. You need to
know that this was an e-mail sent to us one hour before the Board of Health meeting and off it went. | think
if Tom had spent the time to sit down with us and talk with us, | think he would see this a little bit differently.
One of the things that we have that’s unique in our group is we have people that kind of are out go to
people that can sit in the meeting because all meetings are open to the public anyway but they just don’t
vote on the Board. I'll give you an example. Dr. Alex he was our infectious disease doc. Immensely
important over this pandemic. He gave us comment. He asked questions, gave us answers, but he
doesn’t vote on the Board and that could be the same with any other person and still expand our
capabilities but at the same time keep things kind of close.

| apologize for even being here. | think if we had sat down and gone over this prior to this meeting, there
would be no need to take up the aldermanic time. Thank you.

Special Board of Aldermen 07-06-2021 Page 7

Alderman Lopez

As a point of personal privilege, some comments were made about me directly and | would just direct the
public to | did, in fact, bring it up at the end of both the April meeting and the May meeting. It was not
included in the agenda and both meetings were ended without discussion. But no opposition to it was
voiced by anybody but the Chair.

Dr. Anthony Storace

Excuse me. I'd like to retort to that if the Chair...

Alderman Lopez

This is not necessarily a back and forth. I’m just identifying what you have attributed to me.

Chairman Caron

Okay.

Dr. Anthony Storace

And | do believe | have the ability to respond.

Chairman Caron

Okay. Go ahead Dr. Storace and then we'll move on.

Dr. Anthony Storace

I'll Keep it short. If there was opposition, | believe the prudent thing to do would be | got the phone, call
somebody, talk to somebody, there certainly could be a meeting — me, you, the other Board members,
Bobbie. There was an opportunity and if you said this happened back in April, and I’ll check the records on
that, if it happened back in April, that gave you April, May, June, July to sit and say hey what do we got
going here? You guys for this or against it? It didn’t happen.

Chairman Caron

Okay. Thank you.

Alderman Lopez

This is public comment so I'll just wait for the aldermanic meeting.

Special Board of Aldermen 07-06-2021 Page 8

Chairman Caron

Okay thank you Alderman Lopez.

So now we'll move on to testimony in favor of R-21-152 Relative to Adding Two Members to the Board of
Health. Is there anyone within the chamber who would like to speak in favor? Please come to the podium.
No one. Okay. Do we have anyone on Zoom who would like to speak in favor of adding two members to
the Board of Health? Please raise your hand. Okay | don’t see anyone so we'll move on.

TESTIMONY IN FAVOR - None

Chairman Caron

Testimony in opposition of adding two members to the Board of Health. Any within the chamber who would
like to speak, please come to the podium. No one. Is there anyone on Zoom who would like to speak in

opposition, please raise your hand?

TESTIMONY IN OPPOSITION

Laurie Ortolano

Laurie Ortolano — 41 Berkeley Street. | just want to let you know I’m really glad | was able to listen to the
Board President on this. | do not support this on all. I've been on boards and when you have a board of
three, it’s a real pleasure. You can be three people who work together and respect each other can get so
much done. | also think that filling board seats isn’t easy. Filling these volunteer seats essentially is not
easy and adding to them is not necessarily the right thing.

When Alderman Lopez discussed this a week or two ago, | kept listening for him to see my full Board is
backing me. | wanted to know the position of the three members of the Board of Health and there was
nothing being said about that. | live very close to Dr. Stephanie and | walked down to the house today and
knocked on the door and unfortunately she wasn’t there so | couldn't talk to her. So! am very, very happy
that | was able to listen to the Chairman talk.

You know Dave Tencza mentioned at the last meeting that you know everything is boards of five, boards of
five is the way we go and that’s just not true. The Board of Assessors is a Board of three. Nobody has
been working to beef that up because you’d all be terrified I'd get a seat for god’s sakes. So you know we
keep it as three. That’s what you do. The Commissioners have been three and | don’t even think the
Police Commissioners as three are inappropriate. | think its fine and there are other boards in this City
because | looked through them that are boards of three. |’ll tell ya, you don’t want to just flush these away
and say we’ve got to add people in order for them to be productive. This pandemic was a very unusual
situation and we should use it to make a precedent on how the board should operate. | think we won’t see
this continue, and we'll get behind this, and that board will be just fine doing what it does, and when there’s
time for replacement, | appreciate other people but we have a diverse board. | think we have dentist, a
thoracic surgeon, and a pediatrician — something of that nature. As people move on, we can put a mental
health person. You can put a holistic doctor. Imagine that. That would be pretty interesting. Do whatever
you want to do but | do not support adding seats and | would ask that the Board not support this. Thank
you.

Chairman Caron
Thank you. Is there anyone else who wants to testify in opposition? Seeing none. We're looking for

testimony in favor. Is there anyone in the chamber or on Zoom who would like to speak in favor? Seeing
none.

Special Board of Aldermen 07-06-2021 Page 9
TESTIMONY IN FAVOR - None

TESTIMONY IN OPPOSITION - None

Chairman Caron

Looking for testimony in opposition. Anyone within the chamber or on Zoom that would like to speak?
Okay. Looks like we have none.

Chairman Caron closed the public hearing on Resolution R-21-152 Proposing an Amendment to the City
Charter Relative to Adding Two Additional Members to the Board of Health at 7:28 p.m.

ADJOURNMENT

MOTION BY ALDERWOMAN KELLY THAT THE JULY 6, 2021, SPECIAL MEETING OF THE SPECIAL
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, Alderwoman Lu,

Alderman Jette, Alderman Schmidt, Alderman Laws, Alderman Cleaver,

Alderman Harriott-Gathright, Alderman Wilshire 14
Nay: 0
MOTION CARRIED

The meeting was declared adjourned at 7:28 p.m.

Attest: Allison Waite, Deputy City Clerk

SPECIAL BOARD OF ALDERMEN
JULY 6, 2021

7:00 PM Aldermanic Chamber and via Zoom

Join Zoom Meeting: hitps://us02web.zoom.us/j/82077287504? pwd=SHJTb3J RT VI2M VILNOVOWkNocmdaUT09
Meeting ID: 820 7728 7504
Passcode: 551797

Join by telephone: 1-929-205-6099
Meeting ID: 820 7728 7504
Passcode: 5511797

If anybody has a problem accessing the meeting via phone or Channel 16, please call 603-589-3329 and they will
help you connect.

PRESIDENT LORI WILSHIRE CALLS ASSEMBLY TO ORDER

PRAYER OFFERED BY CITY CLERK SUSAN K. LOVERING

PLEDGE TO THE FLAG LED BY ALDERMAN SKIP CLEAVER

ROLL CALL
PUBLIC HEARINGS
R-21-151
RELATIVE TO A BALLOT REFERENDUM CONCERNING SPORTS BETTING WITHIN THE CITY

OF NASHUA

Testimony in Favor

Testimony in Opposition

Testimony in Favor

Testimony in Opposition
R-21-152

PROPOSING AN AMENDMENT TO THE CITY CHARTER RELATIVE TO ADDING TWO
ADDITIONAL MEMBERS TO THE BOARD OF HEALTH

Testimony in Favor

Testimony in Opposition

Testimony in Favor

Testimony in Opposition

ADJOURNMENT

R-21-151

RESOLUTION

RELATIVE TO A BALLOT REFERENDUM CONCERNING SPORTS BETTING
WITHIN THE CITY OF NASHUA

CITY OF NASHUA

In the Year Two Thousand and Twentv-One

RESOLVED by the Board of Aldermen of the City of Nashua that the folowing question
be placed on a ballot for the municipal election to be held on November 2. 2021:

“Shall the City of Nashua allow the operation of sports book retail locations within the
City of Nashua?”

FURTHER RESOLVED that the Board of Aldermen will hold a public hearing at least
15 days and no less than 30 days before the question is to be voted on and that notice of said
public hearing be posted in two public places and published in a newspaper of general circulation
at least 7 days before said public hearing.

LEGISLATIVE YEAR 2021
RESOLUTION: R-21-151

PURPOSE: Relative to a ballot referendum concerning sports betting
within the City of Nashua

ENDORSER(S): Alderman-at-Large Michael B. O’Brien, Sr.
Alderman-at-Large Ben Clemons
Aiderman' Patricia Klee

COMMITTEE .
ASSIGNMENT: Personnel/Administrative Affairs Committee
FISCAL NOTE: It is estimated that the additional costs for printing of ballots

and programming voting machines will not be more than $500.

ANALYSIS

This resolution follows the procedure required by RSA 287-I:6 which requires that if the
operation of sports book retail locations is to be allowed in a city or town that the question be put
to the voters of said city or town. If a majority of the voters vote “yes” on the question, sports
book retail locations will be allowed in Nashua in accordance with other lawful requirements of
the statutes and regulations.

Approved as to form: Office of Corporation Counsel
By: rewie, Lot CR
Date: + Newnes OD

R-2 1-152

RESOLUTION

PROPOSING AN AMENDMENT TO THE CITY CHARTER RELATIVE TO ADDING
TWO ADDITIONAL MEMBERS TO THE BOARD OF HEALTH

CITY OF NASHUA

In the Year Two Thousand and Twenty-One

RESOLVED by the Board of Aldermen of the City of Nashua that pursuant to RSA 49-
B:5, the following amendment to the Nashua City Charter is deemed necessary and shall be
submitted to the voters by placing it on the ballot at the next regular municipal election on
November 2, 2021, in the manner required by NH RSA 49-B with the following question and
summary:

Shall the municipality approve the charter amendment summarized below?
SUMMARY

This amendment would provide for two additional Board of Health members, so that the Board
of Health would have five members instead of three. One of the two new members would be
either a physician or an individual who has completed a doctorate level medical degree, and the
other would be an individual with advanced professional credentials in the field of public health.

The Nashua City Charter shall be amended by adding the new underlined language to Charter
Section 78 as follows:

“8 78. Board of Health, how chosen

The board of aldermen on the first secular day of January, 1915, shall elect a board of
health, to be composed of three members, whose terms of office shall be for one year, and on
the first secular day of January in 1916 and thereafter biennially on said first secular day of
January following the regular municipal election through the end of 2021, they shall elect
said board of health for the term of two years, to be composed of three members, two of who
shall be physicians._On the first secular day of January in 2022 following the regular municipal
election, and thereafter biennially, the board of aldermen shall elect said board of health for the
term of two years, to be composed of five members, two of who shall be physicians, one who
shall be either a physician or an individual who has completed an accredited doctorate level
medical degree, and one who shall be an individual with advanced professional credentials in
the field of public health.”

LEGISLATIVE YEAR 2021

RESOLUTION: R-21-152

PURPOSE: Proposing an amendment to the City Charter relative to
adding two additional members to the Board of Health

SPONSOR(S): Alderman Tom Lopez

COMMITTEE .

ASSIGNMENT: Personnel/Administrative Affairs Committee

FISCAL NOTE: The City Clerk estimates the cost associated with a charter
amendment as approximately $200 during a regular municipal
election.

ANALYSIS

This Resolution would submit to the voters a proposed amendment to the City Charter providing
for an increase in the number of members on the Board of Heath, from 3 to 5. Election of the
members by the Board of Aldermen and the two-year terms of the members remains the same.
One of the new members will be a physician or an individual who has completed an accredited
doctorate level medical degree, and the other will be an individual with advanced professional
credentials in the field of public health.

The procedure for charter amendments is set forth in RSA 49-B:5. The Board of Aldermen must
hold an initial vote to determine if the amendment is “necessary”, If the amendment is
determined to be necessary, the Board of Aldermen must order that notice be given for a public
hearing on the amendment. Notice of the public hearing must be published in a newspaper of
general circulation at least seven (7) days prior to the scheduled hearing. The notice must
contain the text of the proposed amendment and a brief explanation.

Within seven (7) days after the public hearing, the Board of Aldermen shall file with the City
Clerk a report containing the proposed amendment. Within ten (10) days of filing, the City Clerk
files a certified copy of the report to the secretary of state, the attorney general, and the
commissioner of the department of revenue administration pursuant to RSA 49-B:4-a. Within
seven (7) days after receiving approval from the secretary of state, the attorney general, and the
commissioner of the department of revenue administration, the Board of Aldermen may vote to
order the proposed amendment to be placed on a ballot at the next regular municipal election.

Approved as to form: Office (Open ee
By: Cloke

Date: LD fais ON