City of Portsmouth, New Hampshire 2022 - 2024 City Council, 13 Jan 2022

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From YouTube: 1.13.2022 City Council

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1.13.2022 City Council

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We all good perfect all right up from here uh welcome everyone. Tonight's special city.

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Council meeting thursday january 13th 2022, uh I will be looking for a roll call.

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Mayor mckechern, here assistant mayor kelly, here, counselor tabor,.

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Here, tesla bagley here councilwoman party here counselor blaylock, here councilwood cook here.

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Present your honor, thank you. uh So I've called this meeting uh to discuss the mask directive.

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And we'll be going through uh public comment. The reason for this meeting is really three-fold. One.

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To allow the public to weigh in you'll notice we're asking you to wear masks at the podium.

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And on zoom, we'll be going through specifically, if you have not yet signed up.

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We're going to limit to the people that have signed up and if you are on zoom, I need you.

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To raise your hand uh right now, and we will mark you down as being able to uh to be able to speak.

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Do we already have the sign up sheet here? There's no signup sheet any special meeting.

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All right, we will not do that. Then.

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The focus is uh hearing from the public hearing from the council. This is something that the.

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Council hasn't discussed publicly or amongst ourselves, hearing from city attorney when it.

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Comes to the legality of this issue, there's been a number of folks that have reached out and like to.

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Touch on that and then finally, we will go into the need for this. The current state of health and for.

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That I'm going to pass it over to the city manager. Thank you mayor. Thank you for the opportunity to.

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Speak about this at the outset, I would like to say that this is a proud united front on.

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An important matter essentially dealing with the public health of the citizens.

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Of portsmouth the health officer- and I work closely all the time she and her team requested.

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The the directive be issued, so I'd like to walk you through the rationale and the timing of that.

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So around december 28th we began to see a rapid climb in weekly portsmouth percent positivity.

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From just under 14 to just over 21 percent to now, 27 percent rockingham, county weekly positivity.

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Similarly, jumped from 16 to 23 to now 25 percent, these increases were greater than we had any. We.

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Had ever seen before throughout this pandemic, which is coming up on the two-year mark and.

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It occurred very rapidly. Time is, and was of the essence to institute effective mitigation measures.

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With the least amount of disruption and masks are the best way to do this.

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Simply put, it was in the best interest of public health. We had a conversation with mayor mckecher.

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And he understood what we were doing, but let me keep going about why we feel that it was necessary.

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The cdc defines high transmission as 100 or more cases per 100 000 residents in the past seven days.

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And eight percent or more test positivity today, new hampshire dhhs reported a corrected new.

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Positive test result of 3 818 new cases. This is 38 times more new infections than is needed to.

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Reach the high transmission definition today, as mentioned earlier, the portsmouth test positivity.

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Rate is 27.3 percent, the portsmouth regional hospital is licensed for 191 inpatient beds and, as.

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Of this morning, at an inpatient census of 203, with 27 patients holding in the emergency department.

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For an admit for a bed, similarly, wentworth douglas and exeter hospitals are on surge capacity.

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And both are operating under their crisis incident command and capacity management.

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Command structures just to put this in perspective. Exeter hospital also has 143 staff members out.

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So, at the request of the health officer, we issued the public health directive which took effect on.

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Friday january, 7th and we'd be happy to answer. Any questions you may have with me tonight is not only.

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The health officer kim mcnamara, but our emergency management coordinator, fire chief todd germain.

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So at this point, I'll open up to the council of their questions of the city manager or of.

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um Yeah, so I've these numbers are all very high um and right now I think most people are home testing.

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I don't know if everyone is reporting, those home the results of those home tests to these numbers.

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um Would it be my understanding that these numbers might even be higher.

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Because people aren't are required to self-report. That is correct. It is widely.

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Anticipated these numbers are very low compared to what we are actually seeing.

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Counselor cook, uh city manager, could you uh please explain the understanding.

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In the rsa on why we why you issued ultimately this directive and what the legality is behind it.

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That's a question: I keep getting from right a lot of members of the community. I would ask the city.

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Attorney to weigh in sure- and there are any number of ways in which the city could approach the issue.

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Of of uh compelling or requiring citizens to wear face, masks the uh the circumstance at the moment.

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On january, 7th was that the health officer felt that we needed to act as quickly as possible that.

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Was a major factor in decision making, because one of the alternative methods to adopting the.

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Public health directive would have been for the city council to adopt an ordinance, for example,.

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That would probably take in at that time, without calling special meetings a month.

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And the health officer didn't feel that the public health risk allowed us to wait a month.

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The order that you see in front of you was uh adopted uh at the recommendation of the city's.

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Legal department, after studying the question as being the fastest way that we could act.

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Councilman um city attorney sullivan, could you just, I guess, walk us through why the choice to go.

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Under this specific statute, instead of using the one under communicable diseases, which does have a.

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Policy of allowing health agents, the agents of the commissioner of health to be able to.

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You know take measures in which to be able to do that. So, as I said, there are a number.

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Of approaches- that's one ordinance by the council would be another. um We looked at.

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The statute on the seventh and felt this fit the situation, and we could act literally within hours.

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We have counselors, taber and bagley with their hands raised mayor councillor, tabor.

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Thank you, your honor, um I'm 100 in support of this.

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We look, uh I think we discussed this the week between christmas and new year's.

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And city hall- and uh I remember the city attorney uh pointing out- was a way we could go um and we.

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Didn't have a regular scheduled meeting until january 24th, so it would have potentially taken.

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Us a long time three readings to get an ordinance done, and you know two other compelling reasons if.

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You look at the number of cases in the state where decline christmas week was 561. Last week was 1291.

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The current year weekly 2 610 and then we just heard the alarming figure of nearly 3 800. So.

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Really moving fast and I'm not with you tonight, because I tested positive.

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I was in a group, and seven percent of us got the virus from one person and that's.

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What people can expect if they are indoors in a group? um That's how rapidly it spreads and.

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The mass coordinates we know, masks will slow the spread and it will keep a lot of people safe.

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Counselor bagley.

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Yes, I I am also not there tonight, because I tested positive for covet earlier in the week um just.

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My symptoms uh appeared at night and I tested and unlike the stories I've been reading, the news I.

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Tested positive right away, I didn't have to wait a couple days. Tomorrow's my last day of isolation.

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I think the the question I have is it sounds like most. If not all the counselors are in.

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Support of this action is there anything we can do as a council to codify it to back it up.

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To give it the support it needs. My hope is that we only need this for a few number of weeks.

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Possibly maybe four to six weeks and the surge happens and.

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Then it falls off like it's happened in uh south africa and sounds like the uk, um but I'd like.

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To know, is there a good mechanism for us to show our support of this important measure? Your honor.

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The city council support is not expressly required.

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This action as an action of the health officer taken under her authority and based upon her.

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Perception of the public health risk, however, notwithstanding the fact that it isn't required.

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I think that if the council is supportive of the actions of the health officer and the city manager,.

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In this matter, I think a vote to that effect would be perhaps comforting to the citizens of the city.

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To know that the chief policy making body of the city feels the same as the health officer.

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Counselor, um yes, I I'm in support of um starting a mass mandate or leading by example. I think it's.

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Important for us to lead by example, I think it's important to show that we support the decision.

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Made by the health officer, I also think it's really important. I had the unique experience.

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Of running a restaurant doing a pandemic and sometimes it's an 18 year old girl up against.

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A very angry customer- and I would like to give that 18 year, old, hostess or host some support.

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In making a healthy decision, so I think this is really important.

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For those instances, and also to protect our health care workers and anyone on the front lines.

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I think it's really important. We protect our health.

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Consumer- I am in support of this. I want to make sure that we've done it legally and defendable.

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As a business owner, I actually two days before this came out had already posted a notice in.

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My office, but at the same time I'm gonna have people show up that are going to refuse to and.

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I'm probably not going to make them just because I don't feel that I absolutely can if they say.

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They have some sort of medical issue or meet the exemption. Whether I can prove it or not, is.

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One thing, but at the same time I think it is the only way that we're actually going to be.

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Able to protect those in the community that are unable to be vaccinated, whether due to timing.

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Or whatever the case may be, so I think until this is our numbers are more under control or.

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We can finally get past this as depressing as it is. I think this is what we need to do.

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Counselor cook, thank you mayor. I also am in support of this ordinance and I have a an unusual.

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Perspective on this, because I've spent the last few years married to a healthcare professional.

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Through the pandemic and I've watched, the numbers fluctuate, I've watched his concern.

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And right now we're at the worst point in the pandemic for seacoast new hampshire.

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And people are not getting the health care that they need right now, because surgeries are being.

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Delayed care is being delayed, care for other things other than covid, and that means that.

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Our residents, you know when we're in the middle of a surge, our residents aren't getting all the.

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Services, they need they're getting deferred care. That means longer issues that that continue on for.

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Them in the long run, and it means more strain on our health care system and our health care workers.

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I think it's urgent that we support.

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The city manager that we show our support for the city manager and the health officer.

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Assistant mayor, I also support this directive. My question is for um the health officer and the city.

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Manager when we look at these numbers and we're talking about, obviously the um the mask mandate.

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Where are we looking at to what? Where do the numbers need to be so that we can be comfortable.

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Enough to drop the directive, obviously it's always recommended um it is. We are in a.

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Pandemic, but I'm just looking at where so I know, there's a lot of people that have questions of.

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When will you know good enough, you know be well, that's a complex question, but a great one.

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uh So the the thought was brought up earlier that a lot of at-home tests are not being counted and.

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So when we look at percent positivity, it is artificially low and it's going to grow to be.

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More artificially low, so that one metric itself is not something that we can look at solely. But.

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We are concerned about our hospitalization rates. Our hospitals are on surge, their over capacity.

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And that creates other additional problems, not just with the pandemic and treating our ordinary.

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Citizens, but if we had a disaster on top of that, so we look at the hospitalizations. We look at.

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The death rate from cover different variants have different death rates and hopefully that will be.

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Lower if it's omicron that's coming through, which at this point, that seems to be what the wave is.

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So we're looking at all of those data points. I've spoken to the area, hospitals about this.

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Exact question, because it's a very important one and the the thinking is, is you've just got.

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To stay on top of the variables and understand the situation, but my hope is that these numbers will.

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Begin to drop rather rapidly, if there's that many infections in the community and if a good majority.

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Of people are wearing masks, we should see those numbers come down if we were going to rely on a.

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Percentage of test positivity, we would probably align with the schools, which is at eight percent.

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Is when you can drop the requirement, and that's also what the cdc says is moderate.

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Transmission, so we're out of that high and substantial transmission. Thank you.

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Okay, uh before we get to a motion uh to support this.

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Sorry counselor, oh we council embody, wants to speak calcium party. The floor is yours.

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Okay, thank you uh honorable mayor. I will say right off that I I support this motion and that.

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I think that one of the concerns is, of course, enforcement and how that works, um who who.

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Enforces it is it up to every individual, every business, every what so, it's just a question that.

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uh I've been asked on this, so uh I wonder about enforcement. Counselor barty! If the city attorney.

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Could address that could be minimal. Sure and the question is enforcement? Wonder about enforcement.

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Well, I'm not sure exactly what part of the enforcement you're wondering about.

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But the enforcement mechanism is twofold: really.

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First, off the violation of a public health directive.

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From the health officer is itself a violation, as as described in state law, which is a civil.

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Infraction a little bit lower than the lowest level of crime uh and and secondly,.

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In any place inside this building, for example, if a person's was instructed by.

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The authority uh controlling the building, in this case the city manager, if the person.

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Was instructed to wear a mask and that person chose not to wear a mask. That would be trespass.

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Under state law and a person could be prosecuted for and someone's been prosecuted for, trespass so.

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Those are the enforcement mechanisms, but the most important thing about this is the whole business.

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Of the health directive is not about enforcement and not about punishment. It's about education.

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The city's health officer who, by very significant education and very significant experience.

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The city's health officer has made a determination that the protection of the public health calls for.

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The public health directive to wear the mask. That's what's important, not really enforcement.

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It's important that the people know that the woman that they pay to make these decisions is saying.

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You should be wearing a mask and that's really the most important aspect of the whole discussion.

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So uh before we go to public comment- and I would like to go, have public comment uh before we vote.

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On any uh motion that we might receive uh and we will need a motion uh in order to vote on it, uh I.

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Would like to state my support for this directive and my support for the way in which it was.

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Implemented, I believe, in how we do good government here in portsmouth.

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That's for the nine of us on the dais and unfortunately, four in the internet, somewhere.

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Speaking with us to come together and direct policy towards the city manager,.

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But a policy that goes without saying is that we want to keep our citizens safe.

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That is a fundamental responsibility of government. It's why we choose to come together in community.

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It's it's why we have fire departments, police departments and health officers, and we had had.

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The conversation the last council, if kim, could uh do this herself, then you should uh the percent.

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Positivity is now we talk about eight uh as a number to get back to. That was where we were in.

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December 21st, we are now at uh nearly 30 percent at 27.7 percent. It is going up rapidly and I trust.

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Our uh city staff, to make the decisions that we put them in the position to make.

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So with that, I want to open public comment. I ask that we keep uh to three minutes. First.

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And if we could uh line up since obviously, is the special meeting and there's no sign up sheet.

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We will limit it to three minutes. We ask that portsmouth residents go first, we will move through.

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The uh the in-persons and then for those that have already had their hands up, we will move through.

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The zoom attendees just remember you when you come up, you need to state your name and your address.

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Brian come on up good evening uh mckecherin in the city council. I would like to commend the city.

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Council, brian, just real quick, I need your name and your address. Brian was like 89 sagamore avenue.

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Good evening folks, I'd like to commend the city council, the city manager and the city health officer for creating a public health directive on.

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Wearing fake wearing face coverings and publicly accessible indoor areas and, as you are aware,.

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We are experiencing a covert omicron surge in new hampshire and just as it was mentioned,.

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We have a positivity rate of 27 percent, we are here, we have over 22 000 active cases in the.

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State of new hampshire, in addition, uh hospitals are feeling a surge from covid. We have doctors.

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And nurses, from the u.s army, we have doctors and nurses from fema and we have health professionals.

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From the new hampshire national guard, in addition, two days ago, a deployment of 25 guardsmen were.

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Sent to the new hampshire state prison due to a covert outbreak among the uh corrections officers.

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So the the surge is with us and what folks are saying it's only going to get worse at the combat.

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Copen, there are two mutual tracks and one we all know about is: is a vaccination get vaccinated.

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That's the best way to combat coving, but the other track is is public health mitigation and one.

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Area of public health mitigation is the wearing of face coverings. Face coverings will uh reduce.

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The viral load will reduce the transmission of covid. In addition, they also reduce the infection.

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Rate from coving so face coverings are good face. Coverings are the way to go they're a.

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Good public health mitigation effort- and uh I think the directive uh is great and I think the.

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Directive uh promotes the health and welfare of our neighbors, our friends, uh relatives and the.

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Citizens of portsmouth and just one other thing I just noticed downtown the other day. There was a.

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Sign at one business that said no shirts, no shoes no masks no service. Thank you very much. Thank you.

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Good evening bill downey 67 bow street. Congratulations to everyone who won.

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um I am all in support of this initiative. I thank the city manager.

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Personally, I've been wearing a mask for at least 60 days since it gets cold. So I'm very much in.

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Support of this uh all due respect, uh mr sullivan, this is two years into it. I think education pretty.

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People pretty much are on a side right now, and I appreciate the law enforcement's position as well.

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As private business owners, but we don't get to choose whether we wear a seat belt, we don't get to.

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Choose whether we cost somebody- and I think that I would hope that the city and the police force.

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Would anticipate the next level of challenges on this because I think it's that important moving.

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On to one of my favorite topics, the mcintyre- I just have several questions for the city attorney.

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City manager and the mayor um is this permitted by the way? I don't think so. We got to speak to this.

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Yeah, this is a special meeting for the uh directive or the health directive, so.

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We can take that up at the next. uh The next public comment opportunity or please email.

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The council, your questions and we'll work to get them answered. You got it. Thank you. Thank you. Bill.

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Hello, my name is alan forbes, I'm at 36 harrison avenue and I'm opposed to the mask mandate.

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And the first point that I want to make is that I think that in and of itself, this.

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Rate of infection is not a public health risk. If you look at some of the data- and I.

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Pulled a lot of data off of the new hampshire state. You know kova dashboard this morning.

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One of the things that it said was since this whole crisis has started. We've had 233 508 cases.

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In the state and 2051 deaths that gives you a death rate of just under a tenth of a percent.

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So our survival rate is 99.1 percent, most of those deaths. If you look at at the chart.

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Come from the early part of the crisis, and you can see that the the cases really kind.

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Of went down very dramatically once we figure out how to treat people and those.

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Cases are going down uh even more as the various strains come out um of those 251 deaths. Sorry.

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Over a thousand of them were people who are already in long-term care facilities.

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And if you've ever been to one of those uh they're pretty miserable places,.

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uh Most of those people have other issues going on and cobit was the thing that kind of pushed them.

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Over the edge, but it was not the thing that really you know uh brought the end for them.

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Just this past friday, on good morning, america, the director of the cdc, said.

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That the overwhelming number of deaths over 75 percent of them occurred in people who have at.

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Least, four comorbidities for the people that are unwell to begin with and my point of bringing.

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Those things up is that healthy people, which is like everybody in this room here and all of you.

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Are not dying from this, you know we're getting sick. You have two counselors that are.

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Positive cases right now seem perfectly don't seem like they're at risk of dying to me all.

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The people who I know that have this complain to have a little cold and they're fine. A little.

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Bit later, I think this whole thing is an exercise in alarmism and it really needs to stop. You know.

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Covet cases yes, they're increasing, but it's not the same covid that we started out with.

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Kaiser permanente did a study that just came out two days ago. That said this new omicron variant.

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It's a 53 reduction in hospitalization compared to delta, which was even less than the first one.

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If you do go to the hospital, you have a 74 percent less chance of going into the icu.

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And you have a 91 percent reduction in mortality, so I did some of the math.

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And that is, you know if the first, the first one we had at less than a tenth of a percent of.

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Of dying from it, and this new one is 90 even less than what is it exactly that we're being.

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Protected from I don't understand it, thank you allen. Okay, thank you.

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Good evening counselors, congratulations to the new counselors. My name is greg mohanna. I live.

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For hoover drive in portsmouth welcome to city council, I will read carefully and paraphrase.

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Actual city and state documents, not my opinions, I'm going to read from city and state documents.

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The health directive, which is dated january 7 2022 at the request of the health officer.

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Which this takes effect immediately further down per public health directive. Accordingly,.

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Effective january 7th 2022 next, paraphrasing in all publicly accessible indoor areas.

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Interesting paragraph, a face covering is not required for any person with a.

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Medical or developmental condition to whom the wearing of the face covering.

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Would pose a threat to their health or safety, including anxiety period? The individual shall.

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Not be required to produce documentation or any other evidence to verify such conditions period.

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This goes on to say the last paragraph. The directive is authorized by the portsmouth.

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City manager, which is the analogous position in portsmouth to the selectmen.

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Referenced in the statute, I'm quoting now I'll, read you rsa 147.1.

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And I'll paraphrase this, which shall take effect when approved by the selectmen recorded.

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By the town clerk and published in some newspaper printed by the town, councillors are selectmen.

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That's analogous counselors and selectmen counselors make policy.

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Counselors, the january 7th directive was done in violation of both city and state.

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Statutes, I find it interesting during the discussion that both councillors, bagley and.

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Councillor moreau questioned the procedure of this next I'll read from the city charter.

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Section 1.3 general structure, I'll read it in its entirety.

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All departments, officers and individuals referred to in this charter shall operate as one municipal.

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Corporation, the governing body of the municipality shall be the city council. The city council shall.

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Be the policy-making entity of the city, except for where this charter expressly otherwise allocates.

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Policy-Making authority, the chief administrative officer of the city, shall be the city manager.

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Who shall have the decision-making authority to carry out policies of the city council.

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You can read for yourself section 5, which gives the responsibilities of the city.

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Manager- I don't have time for that counselors. This is the beginning of your two-year term. For this.

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Council to be effective and successful, I suggest that you follow the structure of our charter. You.

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Work for the citizens, citizens of the city of portsmouth and the city manager works for you.

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Regardless of where the council rules tonight on this, please begin to observe the city of.

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Portsmouth structure, as outlined in the city of portsmouth charter. Thank you. Thank you. Greg.

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Hi, I'm marie nelson and I live at 20 doris ave in portsmouth.

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And thank you very much for having this public comment because um I work in.

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The restaurant industry and I also work in a gym in this city and my daughter, who's 15. She.

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Works at a restaurant in this city and um I've been wearing my mask all along since day. One.

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um I continue to wear my mask and since this directive came out last week,.

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I talked to, I talked to hundreds of people a day in the line of work. I do and.

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I don't think that we're headed in the right direction of thinking that other people care.

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For one another, it's a nice idea, it's all in good intention, but it's not coming off that way, because.

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There's no repercussions with this and there is no enforcement and, unfortunately, I believe that.

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The police are full with what they've got going on and I think if we were better across the board.

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With the decision, it would be better for everyone, because dealing with the people that are irate.

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About wearing the mask or not wearing the mask, it's it's overwhelming and it's overwhelming to.

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A 22 year old waitress, that's looking for a tip to tell somebody that they need to put a mask.

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On I think it's a lot to ask from for people and with the with the exemption of anxiety that.

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It's a it's a well-intended thing as well, but I think that we're getting away from.

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What the masks are doing so um I just hope that you all are on the same page when this.

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Is all said and done it's for the right of the people, so thank you. Thank you, murray.

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Hello sue polydura to 45 middle street, and I had some questions once I was aware that there.

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Was this directive in place? Is it what is the difference between a directive and a mandate.

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When is this directive going to go away? um Why was it not brought before the city council.

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Call an emergency meeting if you have to right now there is no state of emergency because of.

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Covert in new hampshire, there is no state of emergency because a covet on rockingham county.

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It demanded to have the consensus of our elected officials to put this in place and have it be.

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A better accepted mandate I found out because I was in whole foods and some 20 year old came.

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Chasing after me for me to get a mask, I was there just to get some carrots. I really don't need this.

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And neither do you what what a directive is going to do is I'm going to say well. This is.

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Just a directive all right: well, I'm not following the directive. What are you going to do about it.

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Many people are going to take that and it's it's going to be up to them.

B

This is creating more confusion that it has meant to address. I I getting confusing news.

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On the television medical professionals telling that cloth mask and nothing more than a decoration.

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Because they don't seem to feel any kind of purpose, the only ones that seem to do anything.

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At the n95 mass, are we going to mandate that it is a very it's a.

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Very delicate situation here with this mandate versus requirements versus directives.

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I don't anticipate that you will vote it down, but it's like we. We need to bring the council.

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And and start looking at this, I have a copy of the rsa, that of the.

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Of the ordinance that was passed when this covet started by the previous council- and it was there.

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Is a resolution in there they do the, whereas? And because there was a state of emergency going on.

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In the state of new hampshire, they went and did that it was. They gave themselves guidelines to.

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How to address it, how to enforce it pretty much! They don't want to create a mass police.

B

Maybe you can bring this back. This was done ordinance 003-2020, maybe it's just as simple as.

B

That what I am opposed, I just doing this off the cuff drop it off and all of a sudden. I have all.

B

These kids trying to enforce this on people that I they don't know what the heck is going on. So.

B

Anyway, this is my feeling I was a little upset about that and I think that a lot of the other.

B

People what this is going to do is going to take away, bringing it on taking it off.

B

Is going to just be led that the crying wolf and people will ignore it after a while? Thank you sue.

B

Good evening, mayor, mckern and council good think um I'm not here to speak for.

A

280 south street- thank you I'm not here to to speak to for or against this directive.

B

I'm here to call attention to the process that was taken.

B

I believe there was inaccurate statements made in this directive and I don't believe the law. That's.

B

You're, looking at one number, rsa 147.1 is for town the form of government that was that was.

B

Referenced here is for selectmen and in the last note on here, which was a little upsetting to me.

B

This directive is authorized by the portsmouth city manager, which is analogous position with.

B

The portsmouth, with the to portsmouth, with a selectmen in the statue, uh we are a. uh We are a.

B

City council, city manager, governed body, that's in our charter: this is a false statement.

B

To to put this out here and not have any clarification on that is false.

B

The putting of the directive out goes against the charter.

B

Number section number 1.3, general structure. It goes against the powers of the council.

B

Number 4.2- and it also is described- of the duties of the city manager in 5.3, also the process that.

B

Was followed here, I I don't have any problem with the process with the health officer at all.

B

In the paper when I, since I I'm not privy to any of this information anymore, when I see that.

B

The the city manager, through this power that was suggested just conferred with the with the mayor.

B

And the city council, uh it's very distressing as it goes against the charter.

B

um I I guess I would would ask that it did. It didn't seem clear to me that the council.

B

Is all on the same page as to what they're voting on tonight? We had some mandates. We had some.

B

Directives, I would ask you to clarify this to the citizens and the residents.

B

As to what you are actually trying to put in place here- and I would also.

B

Ask bob to uh look at number 147 and look at what a selectmen is in reference to this and what the.

B

City charter, says of portsmouth as to who should be looking at this. Thank you. Thank you. Future.

J

I'm ken riley five hoover drive good evening. Ladies and gentlemen,.

J

I'm not going to cite any statues here, but I will read something that it took me. A a significant.

J

Time to write for you it'll only be a minute or two. Basically, I don't understand the decision to.

J

Reimplement the mask mandate in portsmouth, even though it is not required per the state. A large.

J

Portion of the population in portsmouth was 74 percent with one vaccination, 66 percent fully.

J

Vaccinated the mass may, the mask mandate is for all individuals, regardless of vaccination status.

J

Why are the vaccinated people being punished along with the unvaccinated people by the mask.

J

Mandate, why can't the town allow businesses to let fully vaccinated individuals into their.

J

Businesses without a mask since they've complied with the nationwide call to get the vaccinations.

J

The requirements to get the vaccination for any business over 100 people has already been mandated.

J

On the federal level, however, challenge in the supreme court and held up already.

J

How are we going to get the number of cases of coven under control unless there is more incentive.

J

To get the vaccine as in no mask required, if you vaccinate, it seems simple to me target the people.

J

Who don't want to get the vaccine and leave the vaccinated alone? Also, the mandate allows this is.

J

From the directive, I just quoted a bit of it. Also, the mandate allows gymnasiums that have.

J

Instituted other mitigation measures such as vaccination requirements, physical distancing or.

J

Enhanced ventilation systems do not require masks yet the plan of fitness, where I go.

J

And lafayette requires mass for everyone, even when they work, even when they're working on machines.

J

When the mass mandate went into effect last year, it seems that all businesses were going out of.

J

Their way to think of more and more restrictions on our lives evidenced away, one-way aisles in.

J

The stores, plexiglas barriers and removing all benches from the urban forestry center.

J

It seems that, once the mandate snowball starts to roll, it continues to roll until.

J

The city shuts it down. There is no mechanism in place to prevent the over-enthusiastic growth.

J

Of restrictions once the mandate is implemented, all I have thank you. Thank you.

C

Good evening rick beckstead 1395 isn't in the streets. I want to say congratulations to the.

C

Mayor and to the council- and I feel extremely sorry that you all have to live what the previous.

C

Council had gone through, uh maybe to even more of an extreme. I was really in hopes that you.

C

Would never have to. It was been an unbearing two years, and I would wish this on. No one.

C

uh Just a a few brief things when it comes to some of the people going and saying um I do.

C

Agree as far as the fact that the rsa is meant for cities are towns, not cities. That is something that.

C

Really should be if this council goes and takes it. I would feel more comfortable that my elected.

C

Officials, I did vote for two people that are actually on the council today, believe it or not,.

C

um I would hope that the elected body would make that decision and not the city manager and not the.

C

Health director, my question is, is when we lived through this, um we were in unknown realms. We had.

C

No vaccine, you know the last speaker went and said that literally nearly almost 70 percent of our.

C

Residents have gone and take it upon themselves to do the right thing. So what is the right thing here.

C

To go and do because this mandate, this directive will hurt businesses. We have two people that.

C

Have families uh or owners of businesses? Now I attended on the 28th an event at the music hall.

C

And they did a wonderful job, so you got to choose as far as whether you wanted.

C

To wear a mask or not, but you had to have a vaccine card in order to be able to enter.

C

This mandate actually takes away that choice, which could hurt businesses now, businesses and economics.

C

Should be our number one priority when it comes to this in a lot of ways, because we're in the winter.

C

We're not a four-season town and we're not we're a three-season town. This is when they.

C

Need us the most there's, no more money coming. The government is not printing anymore. It's done.

C

We need to look at all the objectives. If anything, I would go and say that we would re-implement.

C

The mass mandate that we had gone and put in place this would require two special meetings.

C

That could be called back to back within 36 hours notice, and then you could have a proper.

C

I guess public comment I want to hear from the chamber of commerce's. I want to hear from other.

C

Businesses not reading through the paper and stuff like that, this would give the businesses.

C

The ability to go and give their views- I mean this meeting here. I greatly appreciate.

C

Mayor of mcafern, at least to have some kind of foresight. But at the same time, your elected.

C

Officials are supposed to represent all of us and I get it backing up kim mcnamara. I mean she did a.

C

Wonderful job, but if everyone looks back when we went and revoked the previous mandate kim.

C

Mcmahon's recommendation was to continue it for 30 days. We had to keep the businesses up and going. We.

C

Had to thrive again, your job as elected officials is to weigh both options and I'm going to ask you.

C

Tonight, to do that, go ahead and continue as far as with what's here have the discussion.

C

Have two special meetings have a real public hearing so that the businesses and the public.

C

Can go and weigh in so you can make a conscious decision. I appreciate the time. Thank you very.

A

Zoom much okay, so we'll move to the first one: okay, martha wassel! Please go ahead.

D

State your address hello, can you hear me? Yes, my name is martha wassel. My address is 11 salt.

F

Marsh lane in greenland new hampshire, all right, hey, martha the director of infection in person.

A

Martha, uh if you wouldn't mind, uh we have to we're gonna go through.

A

Citizens portsmouth first, uh if you could keep your hand raised we'll come back to you.

D

Next up is rich d: pantema go ahead, rich! Please give us your address.

D

Go ahead, rich need to unmute yourself.

A

Okay, we'll go to yeah, we'll go to nicola okay, oh you're! There all right! Okay, I'm rich deep in tima.

C

From 16 donald, my portsmouth new hampshire, I'd like to speak in favor of the directive issued.

C

By the city manager and the health officer, as a former chief of new hampshire's division of.

C

Epidemiology retired epidemiologist and a member of the city's blue ribbon health committee. I want.

C

To express my deep gratitude and support for the courageous and bold actions by the city manager.

C

Canard and health officer mcnamara to help protect our city residents, workers and visitors.

C

New hampshire, rsa 141c is the new hampshire statute regarding communicable diseases. Is the law.

C

That directs the policy the state should follow to combat communicable diseases. It states in part.

C

The outbreak and spread of communicable diseases cause unnecessary risks to the health and life.

C

Interfere with the orderly workings of business industry government and the process of education.

C

And destruct the daily day-to-day affairs of communities and citizens, because the control of.

C

Communicable diseases may be attained by personal actions. The timely intervention of medical.

C

Practices and cooperation among health care providers, federal state and municipal officials.

C

And other groups and agencies, it is hereby declared to be the policy of this state.

C

That communicable diseases be prevented and that such occurrences be identified, controlled and.

C

When possible, eradicated at the earliest possible time by application of appropriate public health.

C

Measures and medical practices, this law was written in 1986. How prophetic, unfortunately, the.

C

Governor of the executive council, the executive departments of the state and the legislature have.

C

Not complied with their own law and have even taken steps to contradict it as such, it is up.

C

To the individual communities to fill this void by taking the necessary action, as was done by.

C

Our health officer in our health department and our city manager, I request that the city council.

C

Adopt a resolution this evening that supports and endorses the city, manager and health officers.

C

Public health mass directive and be advised that death is not the most largest kind of problem. We.

C

Face with this disease, with the number of cases we're seeing we're, seeing many people suffer from.

C

Long-Haul covert disease. Just this week, the cdc re released a report on the number of increased cases.

C

Of type type 1 and type 2 diabetes among children who had mild or even asymptomatic infection.

C

We've seen many cases of multi-system inflammatory syndrome in individuals, who've had either minor or.

C

Asymptomatic infection. There are a number of unknown situations that may yet develop with this.

C

Disease because we do not know the natural history of this disease, we've only seen it for two years.

C

There may be many other complications that will arise in those who are infected with this virus.

C

Even if they had mild or even asymptomatic infection, so we need to do everything possible.

C

To prevent as many infections as possible, because we do not know what the conscious.

C

Consequences will be down the road not only death but other long-term chronic conditions that will.

C

Affect many people, thank you attention. Next, we have nicole up here. Please give us your address.

N

uh Good evening, uh nicole up here, 44 rock street.

N

843 americans have died in a 2 843 000 excuse me: americans have died in this two-year period.

N

Of covid to diminish this loss in any way is unforgivable and to anyone that does clearly.

N

You have not lost a loved one or you are not capable of empathy. It's equally maddening and sad.

N

As omnicron, this is from today's npr as omnicron drives coven 19 cases in hospital.

N

Hospitalizations to new highs, our health care systems are struggling to handle the surge.

N

Nationally, covenanting hospitalizations have reached record highs.

N

The stats shared by city minister uh canard at the beginning of the meeting regarding.

N

Regional hospitals are disturbing, and the personal account by councillor cook is compelling not.

N

Having this directive is destroying our hospitals, people cannot get standard care because of it.

N

I want to thank uh city manager, canard and kim mcnamara for acting quickly. I 100.

N

This health direct 100 support this health directive.

N

There was no time to waste public safety comes for any charter or bylaws. In my opinion,.

N

I work in a high school and from the countless exposures I have had in the past.

N

Years, I assure you that masks work and to the new city council. Congratulations. You certainly have.

N

Your work cut out for you tonight proves that and with great expectations. I wish you the best and.

N

One final note: forgive me if you want businesses to stay, open, wear a mask and get vaccinated. It's.

N

Common sense, if you're in a store, you can wear a mask if you were at a restaurant, when you are.

N

Not eating you can wear a mask if you don't in a surge, you put our economy at risk. I just wanted.

N

To make that point to one of the speakers, thank you, and I wish you all the best and good health.

A

Thank you, nicole. Next, we have pat bagley. Please go ahead pat and give us your address.

B

Yes, pat bagley 213 pleasant street. um I am fully supportive of this directive.

B

I thank the city manager and and the health officer kim mcnamara I've actually uh missed.

B

Hearing from from kim over the last few months, and I relied upon upon her guidance during.

B

The first and second surges I've actually lost count of how many surges we've had.

B

I had an experience shopping at christmas time and I limited my shopping to very few stores, but I.

B

Went into one shop and they had a mass requirement sign on the front door, and I saw the owner inside.

B

Whom I hadn't seen in two years, and I thanked her for the directive and um for the requirement and.

B

She stopped what she was doing and thanked me for my support, because I guess she had taken a lot of.

B

Grief for asking for uh people to wear masks, so I just I felt as though I were I was safer.

B

In her environment and I went back and shot there a couple of times after.

B

I don't agree that I know there's a lot of dissension about the city manager operating.

B

Outside of her realm, I know this isn't protocol, but this pandemic is not following protocol.

B

And I believe that the city council should support this motion. I think they will and.

B

You have my support. I don't expect this to be an ongoing thing and I um thank you.

B

For your time and for listening, thank you and good luck to all of you appreciate it.

D

Next we have william holster william. Please give us your address.

J

777 middle road, I've been sitting here listening and I sent a correspondence to the council for the.

G

Mayor in the state legislature, primarily because what I saw in this directive really was appalling.

J

I'm gonna just step back for a second and understand what this council is. You are.

J

Representing the people, the people of portsmouth, not the state, not some rockland county, the people.

J

Of portsmouth, I have not heard one statistic that reflects portsmouth.

J

Physical accounts for portsmouth I've heard percentages, I've heard context.

J

I've heard very little corresponding content and statistics. You need to make decisions based on.

J

Facts and you need to have those facts into proper context case in point. Let me.

J

Read you the title of chapter 147, 1., nuisances, toilets drains exploration, rubbish and waste.

J

Local regulations that was passed by the state to cover those areas you extracted a paragraph from.

J

That statute and claimed it went way beyond that area and covered communicable diseases.

J

You quote: state numbers, national numbers and yet you're not concerned about just portsmouth.

J

Businesses are being hurt, people are leaving the town to go shopping elsewhere. I've seen.

J

It firsthand because of this, you bypassed your own rules. You did not even follow proper procedure, nor.

J

Were you interested in the rights of the people of this city.

J

You have the right, we have the right to a transparent government.

J

You should have published that entire rsa 147 one as it was written to let people see that.

J

You were taking a paragraph out of there which covered nuisances, toilets drains exploration.

J

Rubbish and waste not communicable diseases, that's a state and a federal jurisdiction, not a city.

J

I hope that as a new council, you put things in proper context and content.

J

That's not one versus the other, let wmur news and all the newspapers play with the numbers.

A

Thank you, william, to put an ideology or an agenda forward. I am not for this directive.

J

Not because of what it's trying to do, but because how it was done, thank you.

D

Good next we have ann burner and please give us your address good evening. Can you hear me you can.

D

Thank you, I'm calling in from 77 state street here in portsmouth. I want to express my deep gratitude.

F

For in support of the decisive new speedy action taken by the city manager under the advisement.

F

Of our city, public health officer, I'd like to thank the mayor and counselors who have made the.

F

Statements of support, I would also like to say that I was very appreciative when the last city.

F

Council passed last mandate, but I was frustrated by the amount of time it took to get that mandate.

F

Into place so I do understand the need for speed and dispatch and and very appreciative of the way.

N

This was undertaken, I'd like to uh send my best wishes for the good health to all who've been.

B

With including those of you on the council who are calling in because your.

B

Tonight, thank you. Thank you, ann next. We have derek hayward. Please give us your address.

I

Hello, my name is derek hayward and I currently live at 105. Nathaniel drives first, I'd like to.

I

Congratulate the new mayor and the new counselors and I'd like to thank everyone for the opportunity.

I

To share my comments tonight, I'm here as a citizen of portsmouth that respectfully.

I

Disagrees with the city's mass mandate- and I have several reasons for not supporting this mandate.

I

This past november I tested positive for covid, along with my wife and our son, who.

I

Was six months at the time we experienced mild symptoms comparable to the common cold and we.

I

All quarantined for the recommended, 10 days after having experienced covet first hand, I.

I

Feel stronger than ever that every person should be able to prepare their bodies and manage covet.

I

However, they feel is best for them and their families. If someone feels like a mass is going.

I

To provide them with another layer of protection, then I believe those people should have every.

I

Right to wear a mask if someone feels like the pros of wearing a mask, do not await the cons.

I

Or if they feel like there is not a high enough level of risk to require wearing a mask.

I

I do not think we should be requiring those people to put a mask on their face.

I

Since march of 2020, we have heard contradicting statements on mass how effective they are and.

I

If they should be required, I believe we are at a point where people should be trusted to do.

I

What they feel is best for their own health and their family's health. We have been living with.

I

This virus long enough to be able to process the information that has been given to us and make.

I

Our own decisions, there are plenty of studies of satan that mass prevent the spread of germs.

I

However, there are also plenty of studies that show that mass can have negative consequences as well.

I

Both mentally and physically, not only is this impacting our adult population.

I

But the psychological impact that massive cause to the development of children is unmeasurable at.

I

This time and it is sure to cause negative impacts that will disrupt the natural trajectory of a.

I

Child's social development- it is great the city wants to support good health for their citizens.

I

But I do not believe their support to translate to mandates during these times. I think we should.

I

Explore all facets of our health, so our bodies are prepared for whatever comes our way, whether that.

I

Is the food we put into our body the frequency in which we exercise or understanding the elements of.

I

Our blood work like vitamin d, which is a key piece of our immune system. I hope that our city leaders.

I

Will reevaluate mass mandate and make decisions that empower the citizens of portsmouth to handle.

I

Their individual health, how they feel best. Thank you again for the opportunity to speak tonight.

A

Thank you. Derek next is laurie mcrae lori. Please give us your address.

F

Miss welcome. Can you hear me we can okay great, thank you. Lori mcrae, 15 haven, road in portsmouth.

F

Mr mayor and members of the city council, on behalf of my son and myself, I really want to thank you.

F

For this opportunity to offer my public support regarding the city's requirement that persons over.

F

The age of five, appropriately appropriately wear face coverings within the city limits, effective.

F

Last week, is this directive perfect? I think we all know no, but is this directed absolutely necessary.

F

At this point in time- and I would argue 100, yes, I am a registered nurse and I have a.

F

Master of science degree from the university of new hampshire in nursing administration.

F

And over the course of my career, I've worked in intensive care units, emergency departments and, as.

F

A home health nurse I have seen firsthand disease and death from respiratory based illnesses. Some.

F

Like covet, that could be prevented or mitigated through proper personal or public health practices.

F

We must take measures not only to protect individuals but to prevent the breakdown of.

F

Our health care system from this pandemic, as was mentioned earlier, all we need is one more.

F

Crisis to throw us into havoc, we all know one of the most important responsibilities.

F

Of government is to protect the public health and safety and we all have to breathe the air.

F

None of us should have to risk unnecessary exposure to this pandemic virus when we are.

F

Out and about no matter who is in our presence. Lastly, thank you to our public health officer kim.

F

Mcnamara and also our city manager, karen kanar, for their leadership uh by issuing this health.

F

Directed at the time that it was needed to protect public health- and I also just really want to thank.

F

Our new council and our mayor for your support of this public health directive and thank you to the.

F

Residents who have spoken before me tonight also in support, I am very deeply appreciative. Thank you.

D

Next, we have judy miller judy. Please give us your address.

B

Hi judy miller at 77 hanover street. um I do support this um wearing of masks.

B

I do shop locally and I I do feel that the residents of portsmouth do support our businesses.

B

I disagree with another speaker who feels that people are leaving portsmouth to go shopping.

B

I think we should come together as a community, every law that has been cited or regulation.

B

Or chapter were all created before a worldwide pandemic is occurring, so I think.

B

We need to support the city council in this endeavor. I should also say that I.

B

Have been in many of the city facilities, the library for one has always required wearing masks.

B

I do attend spinnaker wreck on a regular basis to use the gym, which we are very thankful for, as.

B

Players to be able to play pickleball there. I do think that the staff at city facilities needs to.

B

Educate all of its citizens, who might not want to wear a mask.

B

And I think education is key. I know that a gym is a very difficult.

B

Facility to monitor- but I think education is key here- I appreciate your recommending this mass.

B

Mandate, thank you very much. Thank you. Judy last up will be martha. Wassel, who spoke previously.

A

Thank you for your patience, martha good evening. Thank you so much uh I'm here this evening.

F

As a representative from wentworth douglas hospital and the mgb enterprise mass general.

F

Brigham, that is, and um I'm the former health officer of the town of greenland as such.

F

I am here, um and I do need to say that my opinion does not necessarily reflect the position of mgb.

F

But we are seeing a vertical curve, meaning that the exponential increase in cases over the last.

F

Two weeks has stretched our capacity at wentworth douglas and the other new hampshire hospitals.

F

To a level that we have never seen before.

F

There were some arguments earlier uh in this presentation that I listened to with the speakers.

F

uh Saying that omicron was not nearly as virulent, and that is true, however, with that vertical curve.

F

And the increased number of cases we will see if we look at the proportion that the number of.

F

Hospitalizations and the number of deaths will likely be equivalent, if not greater,.

F

Than with the other variants that we have come across, we continue to see severely ill.

F

Individuals in our hospital, in addition, we're seeing the identification of a.

F

Covid19 infection, while patients are within the hospital staying for other illnesses and other.

F

Reasons and this, although we're not caring for a critically ill individual stresses the resources.

F

Requires special air handling in the rooms and personal protective equipment.

F

This slows down the nursing care in these inpatient departments.

F

Staff, hundreds of staff are out sick right now they are a cross-section of our community.

F

And they, although are protected with universal.

F

Masking within the walls of the hospital do not have that sort of protection.

F

Outside of the walls of the hospital and we're seeing altered, surgical schedules, services.

F

Closed shortened schedules, and even today we had to completely close our express care.

F

Because we didn't have enough staff, if there's any mitigation measures in the community, including.

F

Fort smith that can occur, it should be done and we would appreciate consideration of doing so.

F

We've been uni using a universal masking policy since the beginning of covid at wentworth douglas.

F

Hospital and we've experienced close to zero transmission using that universal masking, which.

F

Is both the source and the recipient wearing masks? Both are important because neither are perfect.

F

I'm asking for consideration of this by the council and I appreciate.

F

The the decisions that have been moved along so far. Thank you for your time. Thank you. Martha.

A

I will end the public comment. um I await a motion.

A

If there is one to be given uh before we end the meeting.

J

John, I have a motion: okay, counselor denton,.

K

John, our motion to ratify the january 7th public health directive on face coverings.

K

And hold the first reading of the prior mass ordinance at the january.

K

24Th city council meeting, if there's a second I'll, gladly speak with second.

K

So this motion would accomplish two things. The first is, it would show our support for the.

K

City manager and the health officers leadership on this issue. It would also.

K

Address a number of the concerns which were brought up during the public comment session.

A

Any discussion.

H

um I guess maybe more of a question of the discussion so.

H

um If we ratify the directive but then schedule for a hearing to.

H

Reenact, how many uh votes is that going to take and how many meetings in which to be able to.

H

Do the second part yeah the simple majority in both cases? No, I'm thinking how many meetings, how.

G

Will take three readings three, so we'd have to do the full three meetings.

E

Counselor, I think your honor. um Is it correct that we could suspend the rules and have the second.

E

And third reading, at the same meeting, you can suspend the rules at second reading, so the second.

G

And third reading can occur at the same night. That's the shortest you can make okay. Thank you.

D

That's why bagley has his hand up there. Counselor bagley.

K

uh Yeah, I have a couple comments um and finally, a question I just I want to thank everybody that.

K

Came out tonight to speak, um I want to speak to some of the comments that were said.

K

I I personally have a core morbidity. I have pretty severe asthma and some lung issues.

K

So I was denied my pulmonologist put me in for um monocle antibodies, but I was denied.

K

Because there's a shortage of those right now, so those are the types of decisions.

K

That are being made um about the quality of care that people have um the other thing somebody was.

K

uh Mentioned to me, a few few people out there that if you have them the k95s and the n95s and.

K

I think somebody mentioned this in their comments are far superior to the other masks and with this.

K

Omicron variant, if you have a better mask, it's really worthwhile to wear it.

K

um I also want to reiterate that I fully support the decision that was made by the city manager and.

K

The health officer I have questions about, you know what we can do to back it up, but I wouldn't want.

K

To anybody out there to think that I didn't fully support it. The other two anecdotal things I'll say.

K

Is you know when my daughter returned to the high school after winter break? She came home and said.

K

Dad you know most of the high school's missing the the numbers are just astounding out there.

K

And you, you know the impact of what's happening right now. I know one of the speakers mentioned.

K

They wanted to hear portsmouth numbers. I believe the number today is 406 active cases. That's double.

K

What our worst numbers were a year ago, so so the numbers are really off the charts and.

K

That's not a great thing and then finally, uh in regards to the local businesses and restaurants,.

K

I have a daughter, who's 14 and works as a host, just as a restaurant in town one day a week, so.

K

You know she's in this position of enforcing the mass mandate and I, as.

K

A parent and as a citizen of portsmouth, feel much more comfortable that she's doing that.

K

um With the city backing her up and she can point to the city and say this is what the city requires.

K

I think that puts her in a better position and then finally, the question I have.

K

For the city manager, I guess it would be is do we have numbers on the attendances at schools.

K

And in particular, the students, but also the teachers. I know we recently raised the rate.

K

For substitute teachers, which leads me to believe that we're having a hard time keeping the schools.

K

Open because of absences do the variant? um Is there? Is there any data on on what kind of numbers.

K

Of absences we're seeing in the school system right now that we could, we could hear mr mayor can.

D

I speak to that mayor. Are you okay? Thank you. um I spoke with superintendent zadarvec today. I should.

D

Say we exchanged emails. He shared with me that the school system has been running higher student.

D

Absences since the break with approximately 10 to 15 percent of students absent with the.

D

Increase attributed to covid, I guess the somewhat good news is that the schools are slightly better.

D

This week, closer to the 10 absent mark than they were last week, which was closer to 15 percent.

D

In the same veins, staff absences are also higher and, as you noted, the school department, the school.

D

Department, looked to increase their substitute teacher rates this week to attract additional.

D

Substitute teachers that strategy seems to have worked in the senate has produced a new group of.

D

Applications for folks who would like to to get involved with that, so the school department is.

D

Hopeful that this effort, along with the creative work of principles, will keep continuity for.

D

Students in the classroom, so that's what I have from the from the vantage point of the schools.

K

Thank you for that data, and I just I guess I would reiterate you know.

K

This mass mandate may let us do the most important thing, which I I think.

K

In you know, other than health and safety is keeping our schools open. You know keeping our.

K

Schools, open is critical for so so many reasons, and you know it's a small inconvenience to ask.

K

That people mask up so that we can get through this, hopefully short time period and in the end.

K

Of january end of february, you know we go back to a little bit more normal times. Thank you.

A

Thank you, counselor bagley,.

H

um I would just like to reiterate, as a small business owner that's front, facing, we have a large.

H

Population of people that come into portsmouth every day, along with residents that you know don't.

H

Have the luxury of being able to work from behind their computer or from their offices or from their.

H

Homes and these people- and I speak a lot about the restaurant world and the retail world- also work.

H

In jobs a lot of times that don't give them the luxury of sick pay and don't give them the luxury.

H

Of vacation pay, and so it is important that when we, when we look at things like the mask mandate,.

H

That we are making sure that we're thinking about all residents and we're when we're thinking about.

H

The people that you know a lot of times are the blood and the sweat of our community that keep.

H

Us going, and so I just want to voice that that it's one of the reasons I really support this.

H

Mandate- and you know as a as a downtown business operator, one that is front facing.

H

That's open almost 365 days a year. um I can tell you that the people that I see are.

H

You know the residents I talk to on a daily basis are in support of this. I've had multiple people.

H

Come up to me and again thank us and thank the city, um the city manager, and that health.

H

Officer um for doing this, because it's it's it's an uncomfortable reality that we live in right now,.

H

um So I just wanted to add that thanks system here councilman, I just wanted to add some of the.

H

Statistics because someone had brought up going to know why we're doing this and I think the the.

H

Solemn statistics of the percentage of portsmouth compared to new hampshire and rockingham county.

H

Between december 21st and january 11th, we've gone from 8.6 to 27.7.

H

Which is a higher percentage than both rockingham and new hampshire and the cases went from 86 to as.

H

Of january 11 327- and it's now gone up to even over four, so I think that that are the numbers.

H

That I think the residents need to understand. We are looking at in order to make this decision.

A

I have a quick question uh for the city attorney um by making any I want to clarify something by.

A

Making any, I guess, move to an ordinance. Are we as a council uh undermining the uh power of which to.

A

Make a a directive, a health directive from the the health director, uh your honor, I do not believe so.

G

I think, in fact, that the health officer's directive and an ordinance could coexist and.

G

uh What we would do in any particular situation is apply. The stricter of the two provisions: okay,.

A

We will have a a roll call vote, but before we do, I want to thank everybody that came out tonight.

A

That spoke, there was a number of people that disagreed with what we're doing.

A

And yet respected the rules of this chamber. I want to thank.

A

Those people uh for being respectful of of the council, but I think the city of of portsmouth.

A

It's a difficult situation that we find ourselves in tonight. Again, um I would echo the the.

A

uh The comments of uh former mayor beckstead in in stating that this is not something that I would.

A

Have expected uh nor wish upon us as a council. It is difficult much of the comments that I have.

A

Received over the past week have been directed around the legality of the direction that we.

A

Have taken, I fully support our ability as a as a council uh and a city manager, government for city.

A

Government uh to work uh at the speed of which it needs to protect us, but I do think the discussion.

A

That will henceforth come uh from bringing this ordinance back on, uh can only improve.

A

uh What we have uh in front of us, that's always been my experience as we've discussed and debated.

A

uh The work gets better and I look forward to the conversation out of the nine uh on the 24th uh for.

A

The first reading, so with that, uh can we have the vote assistant mayor kelly? Yes, councillor, tabor.

K

Yes, councillor dunton, yes, council morrow, yes, councillor bagley, yes, council, lombardi,.

B

Yes, councillor bleelock, yes, councillor cook, yes and mayor mckecherin. Yes, s is 9-0.

A

So with that, we're going to take a 10-minute recess uh and start back up.

A

At 7 30 for the work session, I hope everybody continues to tune in.

A

On uh our uh audit committee uh and look forward to that, thank you portsmouth and stay safe.

A

All right, gonna call to order this uh work session of the city council, uh focusing on the audit.

A

Committee, I just want to uh first.

A

Thank all the work that's going in uh to the committee. I was proud uh on the last council that.

A

We saw a need to to bring the public into the idea of how things are happening and I think that's.

A

Always a good thing um to have better clarity on all the issues of city government, but especially.

A

How we spend the money of the citizens of portsmouth, so I'm excited uh by that.

A

I thought the discussion to get to this place with an auto committee uh was a uh was, was a.

A

Fantastic discussion, one that went on a very long time but uh in the end, resulted in something that.

A

Is positive for the city and that can highlight the great work that I feel our city does.

A

In terms of delivering the finances uh to the citizens of portsmouth, so especially that this.

A

Is happening before we enter budget season, I think it's a good induction to what we're going to be.

A

Spending the next uh kind of three months uh well, actually, no six months on and uh three months.

A

And I I couldn't be more excited uh about that, so I'm gonna pass it uh on to the city manager uh to.

A

Say a few words and then we're gonna go through uh presentations, um questions and answers, and that's.

A

You know through everybody at the table here, questions and answers.

A

uh Then public comment uh where we will continue to have at every meeting the ability to.

A

Have public comment um and then we will break from there, so uh city manager? Thank you, mr mayor.

D

um We are happy to be here and really this marks the first time that we're holding or or jointly.

D

Working together to hold a work session for the purpose of discussing the audit process.

D

In general, and and in this case as it relates to the most recently completed audit.

D

And we appreciate the opportunity to shine a light on this whole process and so that the city council.

D

And the audit committee will get to know the process in a more informal and informative way.

D

We just thought it was, would give a lot greater give and take. uh Typically, you may recall that.

D

This has always been a very short presentation and a regular council meeting just kind of moving.

D

Things along and we wanted to slow down and spend it some concerted effort and time on this topic.

D

So tonight our finance director, judy belanger, will set the stage with the annual comprehensive.

D

Financial report and popular annual financial report and then she'll turn things over to.

D

Principal elena korzak of melanson, who will walk you through a brief presentation on what.

D

The audit firm has found so judy I'll take I'll turn it over to you. Okay, sorry, just really quickly.

A

I don't know if this is an order of procedure, but do we have um we don't have to call roll.

A

uh For this, but are there other members on the zoom that were previously not on? I just want to.

A

Be aware of that, we still have the four counselors and we have a handful of attendees as well.

A

Okay and we and a reminder that a work session, we don't take any action. We just discuss a topic.

A

And uh christopher white from the honor committee is here in attendance uh as well.

J

Okay, no problem. Thank you um good evening, mr mayor members of the city council,.

O

Chair white from the audit committee, um thanks for having us here to talk about the audit and.

O

I just wanted to make a couple comments before we jump into the audit itself and really for the.

O

Public to understand what the documents that we have out there, oftentimes you're, going to hear us.

O

Refer to gfoa or government finance officers, association and the city of portsmouth has.

O

Been a member of these associations for 30 plus years gfoa represents public finance officials.

O

Throughout the united states and canada and their mission is to advance excellence in public finance.

O

Through award programs and training and seminars and in addition to the national organization.

O

There's also a new england sector, gfoa sector in a new hampshire gfoa sector, and we belong.

O

To those all three organizations, so the finance department will attend lots of.

O

Seminars and training to be in compliance with in recommendations from gfoa. You have before.

O

You, um the june 30th 2021 annual comprehensive financial report that now we refer to as the accra.

O

As well as the popular annual financial report, known as the pathra, the city participates in the.

O

Gfoa award programs for both of these documents, as well as our budget presentation documents, and we.

O

Utilize guidelines and recommendations for best practices, while we repair create these reports.

O

The guidelines promote comprehensive information addition, addition to the legal required.

O

Information that we have to do, but they also promote transparency and uniformity amongst all.

O

The agencies across the country so, for instance, in the comprehensive financial report, if you were to.

O

Pick up a document from another agency across the country. It's pretty much formatted in the.

O

Same way, so that you could do some comparisons through other agencies throughout the country.

O

This information is also very important to your citizens, about the financial stability of your of.

O

Your city also looked at by your investors and also the participation in these award programs.

O

Is looked very favorably upon for the rating companies um with that said, alina is going to.

O

Explain more detail of the aquifer, but what I would like to introduce to you tonight in more.

O

Detail is the paf report. This is an unaudited report, but it's it's prepared. At the same time,.

O

As the actual report and as the act for a report of the financial statements can be very complex,.

O

To understand, gfoa had promoted this program to really make the document very easy, simple to read.

O

It's a summary: it extracts information from your financial statements and really information. That's.

O

Really more informative to your citizens in in for people who may not have that financial background.

O

In addition to this report, we also add different highlights in the report from the different.

O

Departments it provides information on how to stay connected with your city government.

O

It has some economic indicators, statistical data, a budget process accolades and awards.

O

This year the publication has two spotlight articles. We try to pick.

O

Something new that we did um throughout the year as a spotlight. There's one article in here for.

O

Major water and sewer projects and the other on the opening of the senior activity center.

O

So we print hard copies because gfoa likes to have the hard copies out.

O

We have some at the library we have some here in the portsmouth room and we're going to be putting.

O

Some in at the senior activity center, however, the best way to read this report is online.

O

Because the report is an interactive document so with a click of a mouse, as you flip, the pages.

O

You can highlight any of the links articles to the accolades um and departments contact, people.

O

So you can click your mouse and move around that document. It will bring you to different websites.

O

Some of the two highlights that we put in here this year is two of the youtube videos that the.

O

Stormwater department put in there so there's pictures in here you can click the pictures and.

O

You'll be brought to one video for doggone owners for the do's and don'ts on how to dispose your.

O

Dog waste in starring, a city attorney bob sullivan.

O

And the other youtube video is about how to combat and take care of your falling leaves in the fall.

O

And that is starring your deputy finance director andrew cargill, so um I just wanted to highlight.

O

That there is a tutorial on the website. Also, that will help people learn how to navigate.

O

This document, so I encourage everyone to to you, know, go through it, take a peek and if anybody.

O

Does want a hard copy and can't find one just reach out to me we'll make sure somebody gets one.

O

So um with that said, I can now turn it over to elena korsek from malanson.

P

Thank you judy good evening, mr mayor city, council, chair of the audit committee, I'm here as judy.

P

Said alina corsica, I'm the principal in charge of your independent financial statement, audit.

P

And I'm gonna go over the results of your audit for the year ending june 30 2021.

P

Our agenda for tonight is to do a brief overview of the fiscal year. 21 audit results.

P

Quickly go over what is the financial statement audit touch base on independence? I met earlier.

P

With the audit committee and some questions were raised about independence, thought I'd be.

P

Helpful to put in a few slides just to talk about standards on independence and what we do and we're.

P

Gonna go into the this beautiful document here, the accra, some detail numbers in this report.

P

So, starting with a brief overview of the audit results,.

P

Once again, the audit was a really smooth process and, once again the city was very timely.

P

The accra was issued in december before the 12 31 deadline for submission.

P

As I mentioned that it went really well, we did not note any significant deficiencies.

P

Or material weaknesses that are required to be communicated formally, we did communicate.

P

One comment that has nothing to do with significant deficiencies and material weaknesses.

P

All it is, is a standard comment, just reminding the city about the upcoming new gatsby pronouncement.

P

Number 87: it's unleases now what is a financial statement? Audit? Well, while management's function.

P

Is to safeguard assets and ensure proper financial reporting. The auditor's function is to provide an.

P

Opinion on those financial statements, technically, what it is is just auditors, performance procedures.

P

To obtain audit evidence about the amounts and disclosures in the financial statements, but that's.

P

Too technical on the next slide, we have a few practical examples of what it is. So some of the.

P

Audit procedures- and this is definitely not an all-inclusive list, so it will would go on for.

P

A long time, but we do transactional testing, we stand for vendor payroll journal entries, part of.

P

The transactional testing involves the procurement testing, which involves sampling of contracts. Oh.

P

I'm sorry that looks like it's a little overlapping online.

P

Well I'll continue, we do reconciliation testing, so we make sure that every key balance sheet accounts.

P

Cash receivables is all reconciled and we test those reconciliations walkthroughs. That's what.

P

We call our documentation of internal controls over various cycles like the treasury, the tax.

P

Collection and the general legend closing cycle, we do also evaluate the policies procedures.

P

That the city has as a whole and we have to obtain understanding of checks and balances.

P

That are present within the city as part of us documenting internal controls of the city.

P

And some of the other procedures we do is we obtain and test actuarial reports? We.

P

Do the same with debt documents, we review claims legal documents and I guess the big thing that.

P

I wanted to say what an audit is. Is we review all funds that the city has and we test all material.

P

Account balances and we use a sampling plan when required by auditing standards.

P

Now, what is independence and the importance of independence so for.

P

All our clients, we also perform nanotest services and whenever we do a financial.

P

Statement, audit and on the test services, we are required to document that we are.

P

Independent and I put some citations here on where the standards come from, but they come from ascpa.

P

Code of professional conduct, as well as chapter three of the governmental auditing standards.

P

Which is commonly known as the yellow book and they established professional standards.

P

And guidance on how to maintain independence and and how to how the and that. That is the reason we.

P

Are able to write nano test? Services is because the um annually document on how we maintain an.

P

Independence so annually we do certification of all employees. What that means is in our.

P

Formal hr documents, employees go review, all the client lists and they certify and sign.

P

Off that there are no potential, conflicts or internet may impair independence, and we.

P

Apply the safeguards that are outlined and get us which means governmental, accounting uh generally.

P

Accepted governmental, accounting, governmental auditing standards, and that is basically the same.

P

As its yellow book, it's commonly known as yellow book, so we apply safeguards as required by.

P

Gagas or the yellow book and part of that really includes just um putting back the child lenses.

P

Back to the city, any entries that have to be proposed- that's all reviewed by the city.

P

So we provide it right back and they review it and that's part of the standards and additionally.

P

We do uh what's called an independence checklist.

P

And we fill it out for the city of portsmouth every year uh our team fills it out and some.

P

Of the things that is included in there is the evaluation of the skill knowledge.

P

And experience of the people at the city that take responsibility for these nanotest services.

P

We do have a process of rotating principles and staff on the job on as needed basis. For example, I.

P

Am the fourth principal in charge for the city of portsmouth audit and we also had complete.

P

Audit team turnovers multiple times since we've been doing the audit for the city of portsmouth.

P

And I thought some statistics would be helpful just so you know how widespread this is in new.

P

England, so out of my 19 clients, only one prepares their own financial statements. We have a few other.

P

Governmental audit principles at malanson and none of their clients prepare their own financial.

P

Statements and some of the reasons is basically just cost efficiency that clients find that it's.

P

Cost effective for them to do these nano test services.

P

By the same firm, as is doing their financial statement, audit.

P

And then I thought a sample of client work would be helpful.

P

So just want to say we successfully been performing audit engagements with our clients.

P

And nano test services for them and maintaining longevity with our clients and uh in this table.

P

Where it says accra word, yes means they do prepare one, and uh the number of years is approximate.

P

Number of years that they have received the excellence in financial reporting certificate and.

P

Then the last column here is approximate number of years. That affirmation has been their auditor.

P

And then we're gonna go into the overview of the cat akra so and.

P

Judy mentioned the city has been doing this great program for a long time. They've gotten.

P

The award for the excellence in financial reporting from gfoa for fiscal year, 88 89.

P

And then 26 consecutive years from 95 to all the way to 2020. the reason the.

P

Fiscal year 2021 is not here yet is because it gets submitted in december, but we typically don't.

P

Hear anything back till at least the summer time, so that's going to take a while so going through.

P

The acra format it starts with an introductory section so which includes the transmittal ladder.

P

Now that transmitter that you have here in the introductory section is not audited, it's provided.

P

By management and then in the financial section, it follows with the auditor's report: we provided.

P

An unmodified report and what that means is, we did not need to do any modifications to your financial.

P

Statements to make them be, in conformance with gap or general accepted accounting principles.

P

Follows is the mdna, the management, discussion and analysis? That is all your financial. How highlights.

P

Summaries any any type of um important thing to note and to highlight it goes into the mdna.

P

That is also unaudited and provided by management, and I should mention the page number, so the intro.

P

Transmitter letter is page one in this document, and auditor's report is page 23 and mdna is pages.

P

26 through 38., so after the mdna, we have what we call the government-wide financial statements.

P

Those are an accrual basis of accounting, and after that there is found financial.

P

Statements and those are on modified accrual basis of accounting for governmental funds.

P

But accrual basis for enterprise funds and then you have notes in the financial section and the.

P

Last section here is the statistical section and that's a really great section, because it.

P

Really provides your readers with a historical background on how the city performed by reporting.

P

Multi-Year data and the statistical section is also unaudited and provided by management.

P

So we'll go into some of these details here. So an important of course um page is the.

P

Budget versus actual comparison for the your main time, you know your general fund.

P

And this here is a summary table on a budgetary basis, so we see that revenues exceeded budget by.

P

About 2.5 million dollars, the biggest one was the license and permits and 1.3 million and most of.

P

That was motor vehicle registrations about 800 000., so the budget versus actual page is 48 and.

P

Then, if you look, uh if you want to see what cost these uh accesses you go to page 34 in the mdna.

P

And that explains uh it in more detail. So, like the expenditures, uh there's unspent of 1.5 million the.

P

Biggest department was police this year of 415 000 um and of course there are other departments not.

P

As big including community services- and you guys know, there's been some vacancies, you.

P

Know: recreational program, cancellations and various things like that due to code.

P

So the the net amount that came as a budgetary surplus was 4.1 million dollars and then on the.

P

Following page, we have the general fund unassigned fund balance, which is also important, because you.

P

Guys have a policy which is described in your mdma on page 32 talks more about it. You can.

P

Get this unassigned fund balance from the balance sheet general fund balance sheet, which is page 44.

P

And then mdna page 32 has write-ups on it, so the policy is 10 to 17 percent of appropriations.

P

And- and this is a great slide because you can see you're right in the middle of that.

P

At 13.74- and this is also great because you could see how consistent you've been annually.

P

And then we'll go into bonds and loans payable for the last five years as well.

P

Now, those in in the notes section on page 72, so here we see not much of a change because.

P

There was a refinance in some srs special oven fund programs as well for water, solar.

P

But the debt remained um consistent with just a slight increase from 20 to 21.

P

Now manageable is actually a good term by uh standard emperors and that's your rating agency.

P

Because you're rated that's one of the reasons you are rated highly, it's considered a credit uh like.

P

A factor for a positive credit factor, it tells it says that you have adequate debt profile, which is.

P

A positive and one of the descriptions for that is a note here at the bottom, which is more than 75.

P

Of your principal is going to retire within 10 years and that's a great factor.

P

Then they'll go to pension now, although pension looks like it jumped a lot and- and it did but.

P

Just to keep in mind that you, you have a share of new hampshire retirement system. Your share is 1.95.

P

And the reason it says: 6 30 20 here and again, I'm sorry um why, on the screen it overlaps, it's.

P

Not like that on the print, but the reason it says: 6 30 20, because it's just based on prior.

P

Year measurement date um now there were some benefit changes, but the biggest thing that.

P

Contributed to that was a big assumption, change and that's a discount rate change. It didn't just.

P

Change by a quarter point, it changed by a whole half a point. So so I see the note here that the.

P

Discount rate dropped from 7.25 all the way down to 6.75, which is the biggest reason why your share.

P

Of the new hampshire time and system liability uh went so much uh higher than the year before.

P

And those are really the key numbers in your acura and the reports that we really issue is an opinion.

P

In the financial section that it's a opinion on your financial statements, however, it's important.

P

To point out that we do not express an opinion on um like internal controls, but also in the.

P

Cafeteria we do not acquire, I should say we do not express an opinion on the introductory letter.

P

Statistical section like, as I mentioned before, um management discussion analysis. We also don't.

P

Express an opinion on rsi and what what that is requires supplement information is uh that's.

P

Pretty much your uh all your pension schedules, all your opus schedules, the the data we get from.

P

um Actuaries and and place it all in here. That's um it's! Basically what financial statement audit.

P

Is it it's, uh it's not an um financial statements, but it's not, but we don't opine on on our side on.

P

Those like pension and op schedules. Now we also we should the governance letter uh to you guys.

P

And it's just standard communication: all it said was, is like we did not have any material character.

P

Statements, we did not have any disagreements with management. We did not have anything like.

P

You know significant for you to report. There was a significant accounting principle change.

P

Guest b84, which the city implemented really nicely, um and that's noted there, that there.

P

Was a significant change in accounting, but there's nothing for us to report to you where.

P

We came into like any type of difficulty, um so the management letter, as I mentioned just one.

P

Second comment and that's the next guest: that's going to be implemented at 6 30 22, which is 87.

P

And um that this, oh, I should mention, though, the single audit report. The reason that's not in here.

P

Is because that has that process hasn't started yet uh the single audit report is due march 31st.

P

And due to corbett, it got extended to september 30th, so we still plan to issue you know, but.

P

By march 31st, but you know it's up to the city and that that extension is out there.

P

So there is an extension out there through september 30th and in the single audit, is.

O

The audit of the grants of federal grants- oh thank you thanks. That was important to.

P

Note um and basically that's all for the reports that we issued out to be issued like the pending.

P

Single out report- and that basically concludes my presentation, so I'm going to turn it back to.

P

You to see if there are any questions or comments. Oh lena and pastor, thanks on to melonson for the.

A

Work uh that you've put into this uh at this point, we will entertain questions of the the council.

A

And the member of the or the chair of the audit committee here: are there any questions? Counselor.

A

Oh hold on uh counselor monroe. Oh, this might be a stupid question, so you can tell me if it is.

G

You talk, you talk about checks and balances, and I've sat through some audits for some non-profits.

H

That I've sat on- and I guess I'm just looking for examples of what those checks and balances are.

H

So we ensure that you know you're just looking at everything to make sure god forbid someone with.

H

Stealing or something like that, so could you give us an example of a checks and imbalance.

P

Absolutely so, as I mentioned, we don't opine on that which, what's required for financial statement.

P

That is just to get a document. Understanding of it and a good example would be, for example, payroll.

P

um Hr like how do we document we document other duties, segregated, for example, so if say hr.

P

Enters pay rates uh and payroll processes. You know that's a good thing, but if payroll does both.

P

Well, that's technically considered uh not a segregation of duty, so we would go further and if.

P

That is the case, for example, then we would follow with the city and say well what mitigating factors.

P

Do you have in place? um You know because this is this- is a breakdown in segregation of duty, so.

P

It's just different areas, so, like bender um cycle would be a similar situation, say.

P

If the, if, if the vendor person runs the when the clock runs processes, all the registers.

P

And approves of all that segregation of duties issue like so so so we basically.

P

The segregation abuses is a big thing when it comes to uh checks and balances, um so anytime.

P

We see a breakdown like we would narrow in and see see what's uh happening to to resolve that.

P

But um but it's done by all different cycles, like financial reporting cycle, which is journal.

P

Entries there's treasury, there's collections, so so at every level we document great. Thank you.

A

All right and next up, I have counselor bagley and then councillor tabor, who both have their.

A

Hands up so we'll go to councillor bagley yeah mine's, more of a comment and slight question.

K

On I don't know which page of the document, but where you show the hack for awards.

K

It looks like the city of keene, which is, I think, 23 000 worth 22 000 population. So I think a very.

K

Comparable city um you've been doing the audits for them for a long number of years and they've.

K

Only won that award three times and I believe we've won it 28 times. um My comment is that it's.

K

Like we very regularly win these awards, plus the triple crown award, um but I've heard in the past.

K

That other people say: oh, if you're a member of the organization, you automatically get an award.

K

And, based on what I see in keene, that certainly doesn't seem to be the case. Would you comment on.

K

That the statistics of what cities receive awards and how regularly they are received, I'm sorry.

P

It kind of broke off a little bit. Are you saying that the city of keene should be 28, not three? Oh.

A

I I think what uh councilor bagley was pointing out is that our our domination in terms of winning.

A

Awards and uh throwing uh the good city of keene under the bus. um Why? You know if these are.

A

um You know what what goes into winning an award. What could prevent you from winning an award.

A

And counselor bagley uh you did break up. So if I didn't get the.

A

The the spirit of the question- uh please please chime in.

K

No, that's perfect and uh apologies to keen. I did live in the area for 10 years.

P

So a lot of it is the dedication of the the management, because the annual comprehensive.

P

Financial report is a lot bigger than just the basic financial statements.

P

So the dedication of management, they would have to write the introductory section. The statistical.

P

Section, the statistical section is 10 years worth of information. You know that that takes time to.

P

Compile and um and it takes time to to write everything about all your accolades accolades or.

P

Awards so you have long-term financial planning policies, economic conditions. So it's it's.

P

Dedication of staff resources and just how? How much does the city value that this award.

P

And this program, we think you know it's a really great program and we would love for.

P

All of our clients to do it, but um but a lot of them. You know some clients just might not.

P

Have like the skill level might be, a more smaller type of department might be, or they might not.

P

I've heard one of the clients telling me that, well, we just don't get recognition for doing.

P

That so it's whatever the reason is, there's could be a lot of reasons why they think they.

P

They are not going to go the next step and do a comprehensive one instead of the basic one.

P

But yeah there are various reasons. Thank you uh judy anything to add before we just to add.

O

To that and to council bagley, I don't, um though, keane received three awards. They may have only.

O

Submitted in the last few years, the comprehensive financial report- it's not a it's, not a requirement.

O

To do this, and what alina was saying is that there is so much more information, because.

O

Just doing regular basic financial statements you're not going to have the mdna you're.

O

Not going to have the statistical section you're not going to have the introduction.

O

Letter um but there is a whole book um of checklists and they get reviewed by gfoa. We.

O

Don't know who the reviewers are they they differ every year and then they submit comments and and.

O

If you don't get the award, it's because you didn't hit the certain criteria, that's in their checklist.

O

And and comprehensive enough for the award, so it doesn't because you submit it does.

O

Not mean that you're going to get the award, so we work diligently to make sure that we.

O

Do all our checks and balances in the finance department as well? Thank you, councillor, tabor.

L

Thank you mayor um elena. I just wanted to get a little more color on how often the team changes.

J

That does our audits, um you know it's a city council responsibility to make sure the audit.

J

Is is taking care of us. We oversee that and having fresh eyes to come in and look at the city's.

J

Books, I think, is special. um Can you just comment on how how many of the team each year are are.

J

Coming at it fresh, oh yes of course, so I'm going back! I recall, when said frank byron, then john.

P

Sullivan and scott mcenter and then now me since 2019, so I've been the principal for two years.

P

On this, the audit team that's been working on the city of portsmouth audit for june 3021.

P

They have not been unadded for more than three years, so really, it seems um it seems pretty.

P

Fresh, we currently don't have anybody on the team. That's been involved for a very long time.

J

Okay and one more question: if I could.

J

Maybe this is for judy as well in looking at the city's financial position. Are we pretty.

J

Comfortable that the pension liability is funded, that we have to do as part of the state plan.

J

Or do we ever look at whether it's underfunded and whether that could come back uh to us.

O

You wanna, I can answer some, I mean so there's um so those numbers of that liability comes from.

O

um Their studies in their assumptions, so whatever we're provided, is what we have to book.

O

One of the reasons why our um pension like went up drastically last year during the budget process.

O

Is because that's 70 of our retirement rate actually is funding that liability.

O

So in theory, if you know we're like 10 years into um the program, I think it was a 30-year.

O

um Liability that was shared amongst all the communities and we're like 10 years into there.

O

Theoretically, that liability should deplete deplete deplete as time goes on um and but.

O

If that gets adjusted by the rates in order to to fund that liability, so we kind of do it as a pay.

O

As you go so to speak, um but we are obligated- um and I can't remember what gatsby number that was.

O

But we're obligated to book that liability on our cruel basis. Yes- and that was gas b68 started in.

P

Fiscal year 15., if you look at page 96, you'll, see that the new hampshire retirement system is 58.72.

P

Funded at 6 30 21, but it's based on the previous year measurement date, 6 30, 20, 20.,.

J

Thank you. Thank you, councillor denton, thank you. Your honor do any of the 10 other new hampshire.

K

Communities that were listed have their own audit committees and, if so, have they had any.

K

Impact on that community's rating- uh well, there's one here that has an audit committee.

P

And no had no impact on raid and not in new hampshire. I think he's asking new hampshire.

P

Oh yeah and that whole list uh there's one town here that I'm not a principal in charge.

P

So none of mine, so none of the ones I work on, have audit committees and uh when I read reports like.

P

City portsmouth s, p report or anybody else's moodies or whatever the rating agency is audit.

P

Committee has I've never seen audit committee mentioned in those reports? um They typically rate.

P

It on their in a credit strength like like that profile and reserve how many reserves they have.

P

In their fund balance or what their budget flexibility is, what what you know, demographics.

P

Things like that, um how good are their policies and procedures? Are they strong and but I've never.

P

Seen anything listed about audit committee, so I don't think it has any impact on rating.

A

Thank you, counselor. Doesn't any other questions.

A

Counselor cook, I have an unusual question. I don't know if you can answer it for me.

F

um Are we seeing any specific trends in the state equalization.

F

Measure like do we know how do we expect that percentage to increase for portsmouth.

O

Over the next year, do we expect what to increase um the equalization measure that the state does.

F

Every year for contributions to rockingham county and have we seen any trends so.

O

It's kind of a hard question to answer. The calculation for equalization is prepared by.

O

The department of revenue with the values continue market value continually rising.

O

Then you know we have had an equalization net assessment that has gone up. You know pretty.

O

Much every year and I think that's kind of the trend across the board.

O

So we expect because they what they try and do in an equalization.

O

Is they you know, try to compare it for apples to apples amongst other communities.

O

um So the equalization value that's placed on is not our actual local value uh within our city, so.

O

Our ratio might be lower, but though, what they're doing if our ratio is lower, they're going to bring.

O

All the ratios up to it to a certain degree, so you know markets increase over. You know over time.

O

I don't know if that it helps. I mean I I'm looking kind of in comparison to rockham county.

F

Because I know evaluations have increased across rockingham county as well yeah and we're seeing.

F

Those valuations even increasing um much further uh west in rockingham county, so I didn't know if.

F

If that was impacting somehow our percentage in equalization and therefore impacting our budget.

O

Because it compares all up, it almost makes it all level amongst the communities, but it will impact.

O

The rockingham county tax proportionment among rockingham county.

J

Thank you any other questions uh as it pertains to the audit auditor, as we have first here.

A

This evening, counselor blaylock, thank you honor, um elena I'd like to ask: do you see any benefit.

E

Having an audit committee, um as you know, I mean as an addition to the audit.

E

Do you see a bet, if any benefit from your point of view.

P

I'm just asking personal professional opinion. Not not. uh I don't well.

P

It's not not a benefit in my opinion, but it's really up to you not really the auditor.

P

If you want, I guess maybe a better question would be. um Are you used to dealing? I said you haven't.

E

Most of these other communities do not have an audience right.

P

That's not something you're used to no, so I am only used to dealing with.

P

The the the clients that I'm the principal in charge, I only have one client, it's not in new.

P

Hampshire, it's in massachusetts, they do submit an accra um and they have an audit committee.

P

And but all I they just have one meeting um after I produce the draft to go through the.

P

The draft financial statements and the accurate and the management- I I that's my only dealings.

P

With an audit committee on an annual basis, it's just that one town in massachusetts out of my.

P

19 clients, so I am not um used to dealing with them, so I mean it's really up to you.

P

Guys, whether you want to appoint someone to a committee to appoint an auditor, but it's.

P

Not not yeah, not something I'm used to okay. Thank you. Well, one benefit is that we're having.

A

This work session today and talking about it and bringing it to the public to understand a little.

A

Bit more and hopefully through understanding the audit uh there's strength and how we, how we.

A

Appropriate uh monies in the city of portsmouth and we can better understand the process behind.

A

That and there's you know more strength that the citizens will then put into us. So.

A

Chairman, thank you. Thank you very much mayor. I had a couple of questions for you. Please.

L

Following on counselor tabor's questions on the retirement benefits, do these.

L

Do the expenses that are on on your page for net pension liability? Does that also.

L

Include health care costs, so this is just the net pension liability. This does not include.

P

The medical subsidy for new hampshire retirement system, so the city has uh the city's open plan.

P

Is uh very small: it's mostly implicit subsidy and therefore I did not even include a slide on it.

P

I believe the liability is only 13 million and then the new hampshire retirement system, medical.

P

Subsidy, I believe that one is 8 million, so your total op liability, which is for health insurance.

P

Is only 21 million and I think you if you and I can check that by looking at this financial s.

P

Statement section page 41., so your total op-up liability is only 21 million. So uh comparing to.

P

The net pension liability of 124 million- I I did not even include a slide on that because.

P

uh Because of your city plan, it's mostly implicit subsidy, that's the liability.

L

The um we did talk, you did mention the drop in the discount rate, which is important. Yes, what other.

L

Factors, do you see uh changing in the next coming few years, for instance, assumed rates of inflation.

L

That will impact these uh costs for the new hampshire retirement system for the pension. One.

A

Yes and sorry, if I could just interject quickly, could you explain the discount rate for those.

A

Falling at home- oh of course, so the discount rate uh basically uh supposed to be an equivalent.

P

Of the long-term rate of return on investments, and it's supposed to be like 20 30 years, meaning way.

P

In the future, so um if, if the financial advisors are not predicting a hybrid or return in the.

P

Future, you want to be conservative and you want to reduce your what's called the discount rate, so.

P

Lately the trend in pensions across the country has been reducing the discount rate by a quarter.

P

Of a point so we're where, in the past few years ago, we've seen some discount rates of like eight.

P

Eight and a half percent well they've been decreasing them typically by a quarter point.

P

A year to get to something, that's say no more than seven percent like something between six.

P

And seven and the new hampshire retirement system, I believe they were doing it slowly at first, maybe.

P

Like by a quarter of a point, but this past year, they did it by a whole half a point. Now, even the.

P

Slightest change in discount rate, which is the long-term rate of return rate on investments.

P

um Even the slightest change causes a huge jump in liability because you look at the.

P

Investment portfolio and, if you're not predicting that it's going to be making.

P

Gains as much then, your net position in your pension fund is going to be so much lower.

P

So you're going to be less funded and then that pension liability is going to be a lot higher.

A

Thank you and sorry, uh chairman white, for asking that jumping in on your sure, so.

L

So what other inputs do you foresee uh changing significantly, such as rates of inflation? That.

L

Will happen, I'm expecting the actual contributions that you're going to be contributing to for this.

P

New hampshire time system, I'm thinking those are going to be increasing as well.

P

So I I don't expect much in changes in like benefits, so they did a change in benefits. It's.

P

Disclosed in the financial statements here, um but I don't, we don't usually see that.

P

But the the biggest one would be the discount rate if it drops again.

P

And the accounting is different than the funding, so there's gas b68, which promulgates.

P

The accounting for the snap pension liability, the funding, is not necessarily um at the same rate.

P

So that's because there's a funding schedule there um based on actual fund evaluation and.

P

Then there's actual gas b68 valuation, and um so it doesn't mean that, like your contributions are.

P

Gonna, go, you know, jump way high up, um but I do see them. You know increasing them to.

P

To get to a more funded ratio because the 58 is not uh comparing to the country, it's not.

P

Considered like that well funded, so I do see contributions going up to to get it up a bit.

L

And no estimates in terms of what we face in terms of higher contributions, I'm not sure if.

P

There were, there are estimates that have been. uh They typically do within three year periods.

P

Every two years, yeah every two years: okay and one- was the last last budget cycle at point. 22.

O

So there will be no change in the retirement rate um when preparing the fy 23 budget. Okay,.

L

Well, you know we uh at our uh pre-audit meeting last spring. We had a good discussion on some of.

L

The areas in which we could enhance the concept of independence and one of them, was to somehow.

L

Deal with these non-attest services, perhaps you could speak to that as well as some of the other.

L

Points that you had made well, as I mentioned nana test services, are requiring us to look into.

P

Independence, but especially new england, it's just so common uh for the cities.

P

To ask their auditor to do the financial state presentation, which is the biggest.

P

On the test service, there are some minor ones like dc app data collection, form and.

P

For single and little things, but but the biggest on financial statement, preparation.

P

It's uh it seems to be like such a common practice here uh in the northeast to to be doing that um so.

P

In my opinion, as long as the independence is met and.

P

Documented properly and we follow standards every year, I don't see an issue with nanotest services.

L

It's interesting because, from an industry point of view from your industry, auditors.

L

There is some talk amongst people. I've spoken with in massachusetts, for instance,.

L

That the regulatory authorities may be looking at that more closely and trying to tighten up the the.

L

Idea that the auditor also provides an honor test services, so I'm glad that we're trying to address.

L

That this year, in the audit services that we're uh sending out for rfp well the yellow book, uh the.

P

Revision I mentioned here is the 2018 revision and that's the one that um increased the the standards.

P

For independence, like evaluating ski skill, knowledge and experience, and that just means that.

P

As long as the person accepting responsibility would know enough to identify, there's an error.

P

For example, then they have the skill knowledge experience to be taking the responsibility.

P

For the document that came, it was a 2018 revision which was just became effective this past year and.

P

Those are governmental for six, thirty, twenty ones the first time. So there was a governmental rules.

P

And I know governmental rules, um you know I not not exactly the same as the the commercial rules.

P

Out there, for, for um like stock companies or publicly traded companies or private businesses,.

P

And um so we follow yellow book and they did make it stricter, but that was effective for 6 30 21.

L

The uh do you have any comments on trends that you that you might have observed in our consent.

L

Agreements in terms of escalating costs uh of going out over the next five or ten years.

P

Oh yes, so what comments do you have on that? So you know interesting question because years ago.

P

I actually had um more um clients uh financial statements, but it's just not not happening right.

P

Now I mean it's hard to find people right now, it's it's hard to find skillful people to add to your.

P

You know finance department and the staffing has been not as great as in the past, including on our.

P

Side so uh we've lost people too, so the stacking has been difficult and we've actually sent out.

P

Letters that we are increasing some oddities, like 20 percent of um because, because of this whole.

P

Situation with the labor market and so yeah, so I definitely foresee.

P

Costs going up because of capacity issues because of the current labor market and capacity issues.

A

Okay, we have one question from councillor bagley and we can come back.

A

Thank you, thurman white councillor, bagley. uh Yes, thank your honor. um Could you speak to.

K

So if, if we separate out the nano test surfaces from the audit, what additional cost is the city.

K

Looking at roughly is that a number you would have handy or could report back to us.

P

Well, uh we're, I don't think we're up to that point right.

O

Yeah, I mean, I think we have an rfp out for auditing services and and for um so we have no.

O

Idea what those costs are going to come in just to do the auditing of the financial statements um so.

O

It's it would be hard to predict what that estimate would be right now. Thank you.

A

Chairman white, any other questions. I I had prepared uh some comments from the.

L

Audit committee, uh that I thought we were going to be done during public session.

L

So I kept cutting and cutting and cutting until I got down to about three minutes and 30 seconds.

L

Knowing that the red light was going to go off.

L

But with your permission, I would like to just go through those now. If I may, I would say the the the.

A

Three minutes is a is a gold standard for delivering effective comment, keep it to keep.

A

It that's great, but you will not be limited in your time uh here, but by keeping it briefly keep.

A

Our attention and keep the words more impactful. Okay, thank you. Thank you very much so um so I'm.

L

Delivering these again expecting that I was going to be standing at the podium. So please.

L

Forgive me if it's a little stilted, but so I speak with you as chair of the audit committee.

L

In partial fulfillment of the audit committee's duties to advise you, the city council, on the.

L

Adherence of this audit to ordinance one spot 414, the audit committee and the city charters.

L

Requirements for an independent audit, there are three points that I'd like to.

L

Make to you tonight, independent of the q, a that we just had what makes an audit independent.

L

In our opinion, why are we not there yet and how can the city council fix this problem so that.

L

We can achieve that independence. First of all, what makes an audit independent.

L

Financial audits play a vital role in helping to preserve the integrity of public finance.

L

And maintain citizens, confidence in their elected leaders, I.e you, the city, council, further investors.

L

Rely on financial audits to determine the credit worthiness of the municipality audits, provide.

L

Independent underlying independent, independent assurance that financial information is reliable.

L

From this very important booklet that I don't know if you can still get because I I may be.

L

Out of stock at gfoa, but it's the mayor has a copy. I know some city staff have copies of this.

L

This is the gfoa book on audit committees. Counselor tabor has a copy.

L

So, on page nine- and here is a wonderful metaphor for how the relationship is.

L

Supposed to work between the auditor, the governing body and city management.

L

So consider please this metaphor: the city council is the parent city management. Is the student.

L

And the auditor is the teacher the end of the day you, as parent are responsible for the performance.

L

Of the student, the teacher is hired to check on whether the student is achieving his goals and.

L

You will want to know what problems the student has had along the way as parent.

L

You would not want a student to determine what is said to the parent by the teacher.

L

You want the unvarnished truth as parent of course, nor should the city council.

L

Want the auditor to be controlled by city management in what is reported, the teacher.

L

And the auditor to be independent must be free to report what is observed.

L

So why then, from our observation, why is the audit not independent today, the teacher or the auditor.

L

Checks with the student management to determine what may be said, what may not be reported.

L

Malinson heath. Our current auditor has been the only auditor for over 25 years.

L

We've already touched on that it has uh that a relationship over that length of period.

L

Invariably means that there's the arm's length nature of what should be in existence.

L

Begins to be questioned.

L

So, and not only that but melanson has prepared the financial statements that 10 audits.

L

So-Called nanotest services for this audit and already for next.

L

Year's audit, the audit committee has been sidelined by management.

L

A typical audit has the auditor reporting to an audit committee rather than management.

L

Here the audit committee is excluded and the auditor only reports to management until the.

L

Audit is polished and complete. This means that any problems the auditor might identify will.

L

Rarely see the light of day, the audit committee won't know about them, and neither will you.

L

How can the city council fix this problem.

L

First, we would you would allow the audit committee to communicate with respondents.

L

To the rfp so that we can fulfill our duty to select the auditor.

L

We're under a gag order not to talk with anyone, that's in the considered set of auditors.

L

Allow the audit committee to negotiate the contract to fulfill its duty to select the auditor.

L

Right now, we've been forbidden from participating in that negotiation.

L

And then, as the auditor does, its work require the selected firm.

L

To communicate any issues or problems directly to the city council's audit committee.

L

If the city council wishes to have the auditor report, these matters directly.

L

To it, then at least keep us involved to advise you with our expertise and experience.

L

These would be significant steps towards making the audit independent and compliant.

L

With your city charter, the audit committee would be happy to meet with the city council.

L

And that would be more than just myself in a work session to answer questions or elaborate further.

L

Well, thank you. Thank you, chairman white, um hey, it's always it's hard.

A

To now be the mayor, because I I don't get to talk as much it's easier than anyone else.

P

But I have some thoughts and before we open up the public comment, uh I'd like to say a few words.

A

Again, thank you, chairman white, for representing the auto committee. uh Thank you, elena, uh for the.

A

Work uh that you and your firm do on behalf of the city of portsmouth and for coming here.

A

Tonight, during a pandemic wading through uh all of this and and speaking with us very patiently.

A

And answering our questions, it is appreciated. um Thank you to judy and andrew and all the.

A

City staff uh for pulling this together uh and city manager for uh having this uh conversation.

A

Just a few points, um not in uh direct response to you uh chairman, uh but in terms of where we are.

A

In this process that I see as an audit committee, I very uh solemnly take the responsibility to.

A

To carry out the work of city business, I know that decisions that we might make.

A

Have unintended consequences uh at every turn um so well in my maybe my uh my family life when.

A

I'm I want to you know uh when I'm thinking uh you know with my kids, you know: should we.

A

You know go down the uh the the bunny slope, or should we you know just take them up to the the.

A

The blue squares and just kind of you know sink or swim. You know I might tend towards the the sink.

A

Or swim uh attitude when I am outside of public life, but we took steps to make this a little bit.

A

Slower process when it came to the audit committee, and I want to remind uh of the duties and powers.

A

The primary purpose of the audit committee is to recommend an external auditor to the city council.

A

In the event, the auditor identifies any serious exceptions. The audit committee shall advise and.

A

Work with the city council as to next steps. That is slightly curtailed from what I understand.

A

And what I remember as the original uh motion that was before us and I think it was a good.

A

Step to take a small step, I hope that the audit committee continues to work in this vein and we.

A

Figure out, what's the best system for the city of portsmouth, ultimately to bring the transparency.

A

And understanding of independence, but just two points: indirect.

A

Response chairman waite, I think, there's a number of towns that that have had a auditor uh melinson.

A

For a number of years, I think it's good that we go to rfp, but I also notice some.

A

That have gone to rfp gone away and come back. That could be a possibility and it does not.

A

It does not, I guess, equal, that there is some sort of lack of independence there and the other is the.

A

Fiduciary responsibility of the auditing firms to be independent um and just as a lawyer or a doctor.

A

Has a responsibility, I think, to assume that that an auditor would be anything less than.

A

Than than independent, I'm not saying that that is what uh you implied or inferred, uh but it's.

A

It's fair just repeating that an auditor must be uh responsible uh to that. So I look forward.

A

To working with you and I've invited to meet uh with you and and uh the audit committee.

A

I look forward to this council as we go through the budget. uh I look forward to you, know judy and.

A

Andrew continue to do great work uh for the city of portsmouth and win us another award. I wanna I.

A

Mean you know we're we're hanging banners uh like the you know like the celtics uh many years ago. I.

A

Want to continue to to hang banners compared to you know other cities that I'm not going to name.

A

uh Nash- I don't want that in the paper, um but I I I do uh appreciate uh the work and and with that I.

A

Was going to open into public comment, uh but look forward to working with you, chairman, white and.

A

The audit committee uh going forward and thank you elena again for your time tonight. Thank you, mayor.

A

So, as all public meetings, we will host public communists there. Anybody from the public.

A

Does not appear to be at this time. I want to thank everyone for making our first.

A

Meeting in auspicious occasion, but a successful one.

A

Again, thank you, chairman white, for making yourself available tonight. Thank you, elena.

A

Look forward to the work, that's ahead um with that I uh I need a motion to enter into non-public to.

A

uh uh Discuss uh anticipated non-public session uh regarding litigation accordance with rsa 91a.

A

3 section 2e and rsa 91a, colon 3, section 2 uh number one or aye so moved your honor.

A

Thank you second, and we will need a roll call vote uh for that.

B

Assistant mayor kelly, yes, that's the tabor.

B

B

Yes, yes, councillor bagley, yes,.

B

Yes, yes, yes, yes,.

A

Thank you, portsmouth good night stay safe, stay, warm.