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Special Board of Aldermen 02-19-2019 Page 5

We as a Board should work to make Brian proud in these areas. Another passion of Brian’s was the New
England Patriots and we shared my season tickets for several years watching many victories and being
there to unfurl several Super Bowl Banners. Many games were enjoyed with his family members and
friends at Gillette Stadium. Brian’s last night with us included a fantastic Patriot's Victory over Aaron
Rogers and the Green Bay Packers, which brought a great smile to Brian’s face. Shortly after that game,
we lost our Board President, our mentor and our very good friend. This tribute we share tonight is the very
least we could do to honor such a great man. We will all miss you Brian.”

RECOGNITION PERIOD

R-19-112
Endorsers: Mayor Jim Donchess

Board of Aldermen
RECOGNIZING BRIAN S. MCCARTHY AND HIS DEDICATION AND SERVICE TO
THE CITY OF NASHUA
Given its first reading;

There being no objection, President Wilshire suspended the rules to allow for a second reading
of R-19-112

MOTION BY ALDERMAN O’BRIEN FOR FINAL PASSAGE OF R-19-112

ON THE QUESTION

Alderman O’Brien

Resolution R-19-112 Recognizing Brian S. McCarthy And His Dedication And Service To The City Of
Nashua.

In the Year 2019 Resolved by the Board of Aldermen and the City of Nashua that the Mayor and the Board
of Aldermen recognize Brian S. McCarthy for his years of service and the valuable contributions to the City
of Nashua.

Brian began his political career as a member of the Zoning Board of Adjustment from 1993 to1994. He
served as a member of the Board of Aldermen for 25 years from 1994 to 2018. As Ward 5 Alderman and
Alderman-at-Large his Aldermanic Colleagues elected him to serve as Alderman President 5 times and
Aldermanic Vice President 2 times. Brian served as Aldermanic President from 2004 to 2005, 2010 to
2013 and 2016 to 2018; and as Vice President from 2008 to 2009 and 2014 to 2015. Brian was a member
of many standing committees including: Budget Review Committee for 10 years; Finance Committee 2
years; Committee of Infrastructure 4 years; Joint Special School Board Committee 25 years:
Personnel/Administrative Affairs Committee 4 years; Pennichuck Water Special Committee 12 years;
Planning & Economic Development Committee 18 years.

Brian was also a significant contributor to the Business and Industrial Development Authority and the
Downtown Improvement Committee.

Brian’s successes are too numerous to list but one especially stands out. Brian’s leadership as Chair of the
High School Building Committee resulted in the construction of the two finest high schools in the State of
New Hampshire being completed on time and millions of dollars under budget.

Brian’s love for the City of Nashua was well-known and the City will deeply miss his knowledge,
commitment and presence.

Special Board of Aldermen 02-19-2019 Page 6

President Wilshire

We hope that you will enjoy that and this is the memory book that people wrote many nice things about
Brian so you can reflect on that and we have one other thing. Can | ask Alderman Melizzi-Golja and
Alderwoman Kelly, just give me one moment, we are almost done.

It is with great honor that we present this on behalf of Brian S. McCarthy. He is going to be remembered
here for a long time, a really long time.

Thank you all very much for being here tonight and we love Brian and we know how much you love Brian
and thank you so much.

John McCarthy Hi | just wanted to thank you for all the kind words and the support. | didn’t prepare
anything, so bear with me here. The start of all this began with a campaign and | just can’t urge all of you
as City Leaders and supporters to urge the community to come out and vote this coming election. None of
you would be here without an election so | think we know how important it is. So | can’t stress enough to
get out, tell people to vote, get people voting and you know that is the right thing to do. So thank you guys
so much.

Kim McCarthy | just wanted to say thank you to everyone that’s here tonight. 25 years is a long time and
unheard of for almost any elected official. You are all here tonight because my dad supported your
businesses and your ideas and your visions and your passion and your love for the City of Nashua. We are
here and fortunate enough to be here tonight because you all returned to that to my dad and supported the
same for him and supported him throughout the years. So we just ask that everyone keep moving forward
with your passions and your visions and keep helping Nashua thrive and remain the vibrant place that it
has become. Thank you.

PRESIDENT WILSHIRE
Once again, | want to thank everyone who was here. | know we all appreciate Brian did for the City. So

there is a motion that Alderman O’Brien made to recommend final passage of R-19-112. Discussion on
that motion?

MOTION CARRIED
Resolution R-19-112 declared duly adopted.

ADJOURNMENT

MOTION BY ALDERMAN O’BRIEN THAT THE FEBRUARY 19, 2019, SPECIAL MEETING OF THE
BOARD OF ALDERMEN BE ADJOURNED

MOTION CARRIED

The meeting was declared adjourned at 7:00 p.m.

Attest: Patricia D. Piecuch City Clerk

Board of Aldermen 02-19-2019 Page 7

R-19-108
Endorser:

Mayor Jim Donchess

Alderman Jan Schmidt

Alderman Tencza

Alderwoman Mary Ann Melizzi-Golja
Alderwoman-at-Large Shoshanna Kelly
Alderman June M. Caron
Alderman-at-Large Brandon Michael Laws
Alderman Patricia Klee

Alderman Linda Harriott-Gathright
Alderman-at-Large Michael B. O’Brien, Sr.

RELATIVE TO THE ACCEPTANCE AND APPROPRIATION OF $15,573 FROM THE STATE
OF NEW HAMPSHIRE DEPARTMENT OF ENVIRONMENTAL SERVICES, EXOTIC SPECIES
PROGRAM AND AUTHORIZING THE TRANSFER OF MATCHING FUNDS

Given its first reading; assigned to the HUMAN AFFAIRS COMMITTEE by President Wilshire

R-19-109
Endorser:

Alderman-at-Large Lori Wilshire

Alderman Jan Schmidt

Alderman Tencza

Alderwoman Mary Ann Melizzi-Golja
Alderwoman-at-Large Shoshanna Kelly
Alderman Patricia Klee

Alderman Linda Harriott-Gathright
Alderman-at-Large Michael B. O’Brien, Sr.

AUTHORIZING PENNICHUCK CORPORATION AND PENNICHUCK WATER WORKS, INC.
TO BORROW FUNDS FROM THE STATE OF NEW HAMPSHIRE DRINKING WATER AND
GROUNDWATER TRUST FUND

Given its first reading; assigned to the PENNICHUCK WATER SPECIAL COMMITTEE by President

Wilshire

R-19-110
Endorser:

Mayor Jim Donchess

Alderman-at-Large David C. Tencza
Alderwoman Mary Ann Melizzi-Golja
Alderwoman-at-Large Shoshanna Kelly
Alderman June M. Caron

Alderman Tom Lopez

Alderman-at-Large Brandon Michael Laws
Alderman Patricia Klee

Alderman Linda Harriott-Gathright
Alderman-at-Large Michael B. O’Brien, Sr.
Alderman-at-Large Lori Wilshire

AUTHORIZING THE CITY OF NASHUA TO ENTER INTO A LEASE AGREEMENT WITH MAKEIT
LABS, CORP. FOR 25 CROWN STREET
Given its first reading; assigned to the FINANCE COMMITTEE by President Wilshire

SPECIAL BOARD OF ALDERMEN

FEBRUARY 19, 2019

6:30 PM Aldermanic Chamber

PRESIDENT LORI WILSHIRE CALLS ASSEMBLY TO ORDER PRAYER
OFFERED BY CITY CLERK PATRICIA D. PIECUCH

PLEDGE TO THE FLAG LED BY ALDERWOMAN MARY ANN MELIZZI-GOLJA
ROLL CALL

RECOGNITIONS

R-19-112
Endorsers: Mayor Jim Donchess

Board of Aldermen

RECOGNIZING BRIAN S. MCCARTHY AND HIS DEDICATION AND SERVICE TO
THE CITY OF NASHUA

ADJOURNMENT

Board of Aldermen 02-19-2019 Page 8

R-19-111

Endorser: Mayor Jim Donchess
Alderman Jan Schmidt
Alderman-at-Large David C. Tencza
Alderwoman Mary Ann Melizzi-Golja
Alderwoman-at-Large Shoshanna Kelly
Alderman June M. Caron
Alderman Tom Lopez
Alderman-at-Large Brandon Michael Laws
Alderman Patricia Klee
Alderman Linda Harriott-Gathright
Alderman-at-Large Michael B. O’Brien, Sr.
Alderman-at-Large Lori Wilshire

RELATIVE TO THE ACCEPTANCE AND APPROPRIATION OF AN ADDITIONAL $138,937.92
FROM THE STATE OF NEW HAMPSHIRE DEPARTMENT OF HEALTH AND HUMAN SERVICES
INTO TRANSIT GRANT ACTIVITY “FEDERAL TRANSIT AUTHORITY (“FTA”) OPERATING
GRANT”

Given its first reading; assigned to the HUMAN AFFAIRS COMMITTEE by President Wilshire

NEW BUSINESS — ORDINANCES

O-19-036
Endorser: Alderman Tom Lopez
Alderwoman Mary Ann Melizzi-Golja
Alderwoman-at-Large Shoshanna Kelly
Alderman Patricia Klee
DESIGNATING AN ADDITIONAL SECTION OF BOWERS STREET ONE-WAY EASTERLY
Given its first reading; assigned to the COMMITTEE ON INFRASTRUCTURE by President Wilshire

O-19-037
Endorser: Alderman Ernest Jette
Alderman Tom Lopez
RAISING THE AGE TO PURCHASE, USE, AND POSSESS TOBACCO PRODUCTS AND
E-CIGARETTES FROM EIGHTEEN (18) TO TWENTY-ONE (21)
Given its first reading; assigned to the PERSONNEL/ADMINISTRATIVE AFFAIRS COMMITTEE by
President Wilshire

O-19-038
Endorsers: Alderwoman Mary Ann Melizzi-Golja
Alderman June M. Caron
Alderman Tom Lopez
AMENDING THE SIGN ORDINANCES RELATIVE TO ADDRESS NUMBERS OF GROUND SIGNS
Given its first reading;

There being no objection, President Wilshire accepted the first reading of O-18-038, assigned it to
the Planning & Economic Development Committee and the Nashua City Planning Board, and
scheduled a public hearing for Tuesday, March 19, 2019, at 7:00 p.m. in the Aldermanic Chamber

PERIOD FOR GENERAL PUBLIC COMMENT
Jon Shaer, 242 BridleTrail Road, Needham, Massachusetts | am the Executive Director of the New

England Convenient Store and Energy Marketers Association. Thank you for taking the time to hear me
and I'll be brief because | know that the Tobacco 21 Bill was just referred to Committee.

Board of Aldermen — 3/22/16 Page 3

From: Mayor Jim Donchess
Re: Contract Award of Library HVAC Maintenance

MOTION BY ALDERMAN COOKSON TO ACCEPT, PLACE ON FILE AND AWARD THE MULTI-YEAR
CONTRACT TO PALMER & SICARD IN AN AMOUNT NOT-TO-EXCEED $15,000
MOTION CARRIED

PERIOD FOR PUBLIC COMMENT RELATIVE TO ITEMS EXPECTED TO BE ACTED
UPON THIS EVENING

Mr. Bob Dion, Main Dunstable Road

My wife and | are residents of Nashua and we are also landlords to a variety of different places in the city. I’m
speaking on the item of enforcement of ordinances. | am sure you know that there are a lot of good landlords
in the city, probably 98% are very good but there are some bad ones. | always look at my buildings as a safe
place for people to live. We work very closely with the code officers, inspectors, fire department and the police
department. We are not perfect but we do the best we can. | think the bad landlords, | think you are absolutely
right in going after those people; they should be looking at improving or be fined excessively, especially the
ones that have multiple violations and don’t listen to code enforcement or the building department. The
concern that | have with this ordinance is that it is a very broad brushed approach that is hitting everything. |
think it should be more specific and address the critical safety health and repeat offenders. An example that
should not be included is Nashua Revised Ordinance 182-28; Exterior; there is some wording in here that says
your building is to be free from defects. Well, if a child hits a ball against the siding and it cracks it that’s a
defect. So, are you going to be fined excessively? People are going to say no, we won't do it, we will take it
out of the ordinance so why have it in here which makes it confusing and concerning for the good landlords. |
would suggest an alternative that if you have 10% or 15% of your building and dealing with rot, etc. then that’s
a big deal and it should be addressed and should be noticed and a violation issued if appropriate. The citation
system is designed for utilization on an as needed basis in conjunction with other remedies and after all other
avenues, with the exception of court, have been exhausted. After written warning with opportunities for an
individual to correct any violations or written citations. That sounds good but why isn’t it in the ordinance so
everyone feels comfortable that no one is going to come in and start hitting them with fines immediately.
Another conflict in the ordinance is that there is ten days to correct an issue. If the ten days were used and it’s
in the winter and you have some minor siding issues then you should be allowed to wait until the spring to deal
with it. Why not have those comments that Sarah mentioned right in the ordinance. The building codes,
plumbing, electric, ventilation is no problem, we should all be doing that. There are grandfathered items of
course for some of our buildings but we should be following those items. In summary, | think you want to go
after the bad landlords but | don’t think the way that this is written right now will be very effective. | would
suggest you have meetings with landlords and tenants and code enforcement and get a consensus or as close
as we can get to some agreements as to the way this should be written where it will be effective and you can
go after the bad landlord.

Ms. Esther Waisman, Whitman Road

It seems to me that most of the landlords in the city are good and decent people with a few bad apples in
between. Those who don’t want to fix anything and they are habitual offenders, | don’t know that a $50.00 or
$100.00 fine would really make that much of an impression. If the rent would be withheld that would get their
attention. Regarding the tenants, most of them are decent people again, but some of them need to be held
accountable and | don’t see how this ordinance would touch on that at all. They can dismantle smoke
detectors, tear up the screens, break windows, backup the toilets and rip the siding off the house and the
landlord just keeps getting cited and has to keep spending money and the tenant goes free. We feel a little
blind-sided by this whole ordinance thing because we didn’t get to have any input into what was going on and |
believe that if the city and the landlords could meet and have some sort of a discussion then we could come up
with some good solutions that would benefit all of us.

Board of Aldermen 02-19-2019 Page 9

But first let me thank President Wilshire for the Communication this morning so that a lot more people didn’t
show up when they really didn’t need to.

| do want to take this opportunity because it is my experience that by the time this does come back to the
Board, the general board a vote is often taken quickly and so there is very little time for consideration. So, |
said — hey I’ll take the drive up and I'll give you guys my pitch and you'll have opportunity to consider it as
the committee is considering the same.

As you likely know Senate Bill 248 is currently at the State House right now being debated as to whether or
not the State should raise the legal age to purchase tobacco products from 18 to 21. My Association chose
to not take a position on that Bill largely because while we think that there should be a nation-wide age if
the age is going to be increased we believe that if not nation-wide that is acceptable for a state to adopt
one age but what we cannot be silent on is if when cities and towns decide to do it on their own as it
creates what we refer to as a patchwork of regulations which from a retailers perspective is an absolute
nightmare particularly for those members of mine that have stores throughout the State, especially in
regions or rather cities and towns that border one another.

Likewise, for adults that live in a community they can go to one community or another where the ages are
different. The problem with a City or Town doing it on their own is it really doesn’t impact what it is that you
are trying to impact; which is to reduce use among minors. It is not a big deal to go to a neighboring
community. So in terms of meaningfully reducing the access it is really not doing that but you can count on
it doing is exporting sales both for those products that you are raising the age on but also what we also
what we refer to in retail as the market basket so not just a pack of cigarettes or an e-cigarette pen but
instead all of those other products that would also be bought along with that during those visits.

So, while it isn’t going to meaningfully do anything to reduce the access for those underage what it will do is
it will harm those businesses that are complying within Nashua. And speaking of complying there is a 98%
compliance rate in this City which is remarkable. This information is available on the FDA compliance
inspection report, you can check it out for not just your city but any city for that matter and | would argue
that 98% is exemplary. So instead really what we should be doing is congratulating retailers for a job well
done.

If this is about deciding whether or not an 18-year-old or a 19-year-old or a 20-year-old is an adult, I’m not
your guy. | can’t speak to that, everyone I’m sure has an opinion on that but if this is about trying to keep
these products out of the hands of 18, 19- and 20-year old’s, because or because you believe that they are
re-selling them say to 17, 16, 15-year old’s, then | would argue that doing this is not the right approach.

So, | hate it when people say, no,no,no and don’t come in with suggestions. So here are some suggestions
for you as an alternative to consider that won’t harm retailers. The first is many of my members are
participate in the “We Card” program. These are training programs, not every retailer does participate in
‘We Card’ in programs. | wish | had the ability to mandate that every retailer participate in these programs
but they are not all members of my association which is my problem | will figure that out. But that certainly
should be a requirement they are wonderful training programs. | did it myself, it takes a long time, it is
worthwhile.

The second thing that some of my members do that | would argue is a best practice which is to limit the
number of e-cigarettes, | know this is mostly about e-cigarettes so limit the number of e-cigarettes or limit
the number of any tobacco product that any one person can buy at a visit so if it is 2 units or 3 units,
whatever it is, that’s not a redistribution that is probably somebody using it for their own personal
consumption. When somebody goes in and buys 5, 6 or 7, that is a wholesale business, right.

So finally, the other thing | would suggest is having a lower tolerance policy, less tolerance for mistakes. If
somebody is going to make a mistake and somebody is going to sell to a minor or if you catch somebody
re-selling to a minor come down hard, it will have an impact.

Board of Aldermen 02-19-2019 Page 10
These are all things that you can do that will have an impact and that won’t hurt the retailers that are doing
a wonderful job in your community and contributing in a number of ways. Happy to take any questions, but
thank you to all of those of you that read my letter from February 11'" and it is a lot of the same information
but | did want to come here and speak to you personally.

President Wilshire

As you know we will be taking that up in the Committee on March 4". Thank you.

REMARKS BY THE MEMBERS OF THE BOARD OF ALDERMEN

Alderwoman Melizzi-Golja

A reminder that Empty Bowls is tomorrow evening.

President Wilshire

Always a good event.

Alderman Lopez

I'd like to clarify that the bowls are not empty you can fill them with soup.

Committee announcements - None

ADJOURNMENT

MOTION BY ALDERMAN O’BRIEN THAT THE FEBRUARY 19, 2019, MEETING OF THE BOARD OF
ALDERMEN BE ADJOURNED

MOTION CARRIED

The meeting was declared adjourned at 8:15 p.m.

Attest: Patricia D. Piecuch City Clerk

R-19-112

RESOLUTION

RECOGNIZING BRIAN 8S. MCCARTHY AND HIS DEDICATION AND SERVICE TO
THE CITY OF NASHUA

CITY OF NASHUA

In the Year Two Thousand and Nineteen

RESOLVED by the Board of Aldermen of the City of Nashua that the Mayor and the
Board of Aldermen recognize Brian S. McCarthy for his years of service and invaluable
contributions to the City of Nashua.

Brian began his political career as a member of the Zoning Board of Adjustment from
1993 to 1994. He served as a member of the Board of Aldermen for 25 years (1994-2018) as
Ward 5 Alderman and Alderman-at-Large. His aldermanic colleagues elected him to serve as
Aldermanic President five times, and Aldermanic Vice President two times. Brian served as
Aldermanic President from 2004-2005, 2010-2013, and 2016-2018 and as Vice President from
2008-2009 and 2014-2015. Brian was a member of many standing committees, including:

Budget Review Committee 10 years
Finance Committee 2 years
Committee on Infrastructure 4 years
Joint Special School Building Committee 25 years
Personnel / Administrative Affairs Committee 4 years
Pennichuck Water Special Committee 12 years

Planning and Economic Development Committee 18 years

Brian also was a significant contributor to the Business and Industrial Development
Authority and the Downtown Improvement Committee.

Brian’s successes are too numerous to list but one especially stands out. Brian’s
leadership as Chair of the High School Building Committee resulted in the construction of the
two finest high schools in the State of New Hampshire being completed on time and millions of
dollars under budget.

Brian’s love for the City of Nashua was well-known, and the City will deeply miss his
knowledge, commitment, and presence.