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Board of Aldermen 05-14-2019 Page 12

Mike Apfelberg Good evening Mike Apfelberg, 7 Edson Street. | was going to speak initially about the
tobacco legislation and then | decided I’d like to speak a little bit about Mrs. Kleiner and her
appointment. | think you’ve heard enough about the tobacco legislation over the last how many
hearings now to know | am in favor of this legislation and I’m in favor of it in the original form that
includes possession and purchase and consumption of tobacco products. My beliefs are based in the
science of the mind and the science of addiction and even though we don’t have legislation State-Wide
yet, | think this is an opportunity for us to send a strong message to the State that the time has come
for us to protect our youth now and into the future. Enough said on that.

So regarding the appointment of Kim Kleiner to the Administrative Services position, just a personal
perspective. I’ve had the opportunity over the past couple of years to work directly with Ms. Kleiner in
a couple of different areas both as a constituent and also as an organization which occasionally has
needs from the City to navigate various types of services and departments. What I’ve found is as a
constituent Kim, I’m just going to call her Kim, is a person who does in fact respond to your e-mails at
10:00 on Saturday night and | think that’s not because she’s here in the office or perhaps she has the
ability to do that from home, but she’s absolutely one of the most responsive people particularly in City
Government who I’ve ever come across. She goes out of her way to provide detailed answers and if
she doesn’t know the answer, and | think in terms of managing a large division with a large number of
divisions underneath her, one of her great strengths is if she doesn’t know the answer, she will tell you
that and she will go get you the answer. So | have a lot of faith in her as a constituent.

As an organization, we’ve had the opportunity to have a number of projects that we’ve put through the
City and what I’ve found with working with Kim is that she is a person who works well across
constituencies ; she is a person who collaborates by nature. So she’s going to bring in people into the
room who have various disciplines and various opinions and various points of view and try to work
towards a common solution. | think that is extraordinarily important in a role like this which is
managing a large number of departments. | can appreciate what Mr. Teeboom said about, yes she
might not have experience in all of those various disciplines, but let’s be honest, nobody ever is going
to have experience, real deep experience in more than one or two disciplines. What you need in a
leader is somebody who can bring people together to get work done. So | have every faith in Ms.
Kleiner and hope that you do appoint her. As a constituent and both as an organization | appreciate
that, thank you.

Janet Valuk Good evening, my name is Janet Valuk | live at 41 Roy Street here in Nashua, Ward 6.
First of all I’d like to support the nomination of Kim Kleiner for the new position. Enough said of that
one. Most of you realize and I’ve talked with you before, spoken with you before, that my life has pretty
much been dedicated to protecting the health of our young people. | started out in Connecticut where |
grew up and it has been carried here into Nashua. I’ve worked in prevention for 48 years. | am going
to talk about a few statistics that we acquired from an academic survey given at the high schools, just
to give you an idea of what some of the issues are. 61.5% of the youth who reported current use get
their vaping devices from someone legal other than a parent. 35.9% of youth who reported current
use buy their devices from someone legal, I’m sorry, buy their devices themselves at a vape store ora
convenient store. I'll just preface this by saying all of the participants in this survey were under the age
of 18. And lastly almost 38% of youth reported vaping devices are very easy to obtain.

Now | know this isn’t an ordinance specific to vaping and | realize that vaping is a major problem with
youth right now. But the statistics show that 33% of youth who are vaping now, within one year will go
on to use traditional cigarettes. So that’s a concern of tobacco use. Some of the other information we
have 480,000 deaths annually from tobacco related diseases. If the current smoking rates continue,
5.6 million Americans who are currently younger than 18 will die prematurely from a smoking related
disease. Now this does not only effect an individual’s health, but it also has economic costs as well.
As experts estimate that the annual societal costs attributed to smoking in the United States were
between $289 and $332 billion dollars. This includes $132 to $175 billion for direct medical care costs
of adults and $151 billion for lost productivity due to premature deaths. Lost productivity due to

Company Goals - 2016

The Company’s main goals for 2016 are as follows:

Complete the construction of the new operations facility
Complete construction of the Merrimack River raw water main
Continued “roll-out” of the Company’s asset management system

Evaluate and upgrade the Company’s fixed asset tracking system in support
of the asset management system

Complete the reconstruction of the Harris Dam Spillway

Review and redevelopment of the Company’s IT and Safety and Security
Policies and Procedures

Procure necessary funding in support of infrastructure replacements and
improvements

Continued efforts related to ongoing training of employees and succession
planning throughout the organization in support of long-term operational
expertise and management.

Other detailed information is included in the Company’s financial statements.

Sincerely,

pAb.

Larry D. Goodhue
Chief Executive Officer

Board of Aldermen 05-14-2019 Page 13

exposure to second-hand smoke costs the country $5.6 billion dollars and about 70% of current
smoker's excess medical care costs could be prevented by quitting.

Cigarette smoking, the use of tobacco products is the single most preventable cause of death. By
potentially stopping a group of young people from starting, we could be saving a lot of lives. Let’s be
the example for other towns and cities in New Hampshire and potentially the entire State. States
around us that have raised the tobacco age, have shown a reduction in under-age tobacco usage.
Nicotine is the original gateway drug, it sets up the brain for future addiction. All of the other things
that are allowed at 18 do not cause changes in the way the brain functions. And | have a request and
you can deny this, Madam President, one of our youth arrived a few minutes late due to parking issues
and | was wondering if you would allow her to say a few words?

President Wilshire
| will add her name to the bottom of the list. | have people who signed up before her.

Ms. Valuk_ And I’m not even going to attempt her name because | know | can’t pronounce it properly.
What is your name? Advika.

President Wilshire
Ok.

Nancy Vaughn Good evening my name is Nancy Vaughn and | work for the American Heart
Association. | am Government Relations Director for the State of New Hampshire and our organization
is in support of a State Law as well as local ordinances for raising the minimum legal sales age for
tobacco products. | am going to try and not repeat what was just said and mess up the microphone,
sorry. As you just heard, tobacco use is the leading preventable cause of death. So the key word
there is prevention and that’s what tobacco 21 ordinances and laws really do is help prevent the
initiation of a life-long addiction to a product that when used as directed is intended or the end result is
to kill you, cause disease and lead to your death. So tobacco does cause heart disease; we are one of
the most expensive medical ailments to have. So there are large costs to our economy for tobacco-
related diseases.

Beyond the health consequences though | just want to leave you with some economic information to
consider as well. The annual health care costs for tobacco related diseases in New Hampshire is
$729 million dollars. Of that amount $139 million is borne by the Medicaid program. Many of these
costs are borne by households whether they use tobacco products or not in the form of taxes to cover
the Medicaid program of almost $1,000.00 a year, $875.00 is the dollar amount I’ve heard recently.
Tobacco-related diseases are felt and experienced by the most vulnerable populations. Most of our
tobacco users are amongst low income families, so low income youth, individuals who suffer from
mental illnesses, about 33% are tobacco users.

Those on the Medicaid program use tobacco products at a much higher rate than even the average
adult population. As | mentioned tobacco related diseases themselves cause a burden on low income
families. The American Heart Association actually supports not having possession penalties in place
on laws and ordinances, we find these are ineffective and inequitable penalties on, again, low income
youth and minority youth, African-Americans and Hispanic youth have reported that they are more
likely to receive citations from law enforcement for these products than their counterparts regardless of
tobacco use differences. So | urge you to consider passing this ordinance and really help to prevent
young people from starting this life-long addictive habit. So thank you very much for listening tonight.

June Lemon June Lemon | live at 18 Manchester Street here in Nashua. It has been really interesting
listening to what everybody has to say and | don’t repeat anything. | am here to support the
nomination of Kim Kleiner. | have heard some interesting thoughts about maybe we need both a

Board of Aldermen 05-14-2019 Page 14

Director of Administrative Services and a Chief Assessor. But Laurie Ortolano brought up equity and
that is one thing that | Know that Kim Kleiner cares very much about. I’ve seen her work tirelessly for
the children in this district wnen she was on the Board of Education. And | have seen her listen
carefully to every constituent that asks her a question and if she can’t answer it, she’ll get back to you.
| have been to City Academy, Police Academy, all of the academies that the City has to offer. The first
person there is usually Kim Kleiner, the person who greets everyone is Kim Kleiner and the person
who answers questions that all the other people can’t answer or takes the notes to get back to you is
Kim Kleiner.

So | think she would be an asset as Director of Administrative Services. | will admit that | don’t have
the technical background to talk about what we need in a Chief Assessor. But | don’t think that
knowledge is something that cannot be acquired. And when Mr. Teeboom brings up you know she
doesn’t know all these departments, well she doesn’t need to know all of the details of the departments
to be effective in the role as manager. So | support Kim Kleiner for the position of Director of
Administrative Services. Thank you.

Helen Honorow Good evening, I’m Helen Honorow | live at 46 Raymond Street. I’m here to endorse
for the position of Administrative Services Kim Kleiner. | originally met Kim, | am on the State Board
of Education, | am not here speaking for the State Board of Education. But when | needed to get some
information from the City of Nashua and the School District, Kim was incredibly helpful and thorough
and knowledgeable and if she didn’t know an answer she would make sure she found it. | think that’s
incredibly important for any public service, but certainly in looking at the position of Administrative
Services the Director will require someone who is never going to know all the answers, but will know
what to do to find out.

In her role as Chief of Staff, Kim has been not only a quick study but also very successful in being able
to understand Government operations, understand how this City works and understand how to
collaborate. She’s the liaison to the Police Department, to Fire & Rescue. She’s not a Fire & Rescue
person, she is not a Police Officer but she certainly knows what to do and how to make things work.
We have had this audit, 700 pages and we need to do something with it. | think Kim is the perfect
person and has shown her ability to get things done and to understand how to move forward.

| have the privilege of being in Rotary with Kim. | was actually her sponsor in Rotary. Rotarians recite
a four way test at every meeting. It’s the 4-way test of the things we think, say and do and it’s meant
worldwide to apply as a moral code for both our personal and our business relationships. We are
intended to apply that in almost every aspect of our life. That testis: Is it the truth? It is fair to all
concerned? Will it build goodwill and better friendships? Wvill it be beneficial to all concerned? Well
that defines how Kim operates in both her personal and professional life and | feel very confident that
she will be very good at this next job that | hope the Aldermen will approve and she will make sure that
our City works even better. If it is determined that a Chief Assessor is necessary, | don’t think Kim
would hesitate. She would make sure that the appropriate analysis is done, that there is money in the
budget to be able to go forward. | don’t see these as mutually exclusive, but | think Kim being in the
position will help us sort out whatever we need to make sure we can move forward. Thank you.

Stephanie Wolf-Rosenblum Madam Chairman, Aldermen, my name is Stephanie Wolf-Rosenblum of
47 Berkeley Street and before | speak to endorse Mrs. Kleiner | think my colleagues in the healthcare
field would find me remiss if | did not repeat my endorsement of the tobacco legislation, | support
passage. But! am here tonight to speak to Mrs. Kleiner’s appointment and | will say without repeating
what has already been said that | firmly endorse all of the positive things that have been said about
Mrs. Kleiner. AS someone who has served in our leadership position in Nashua in a complex
organization for many years, | have had the personal experience and the observation that you do not
need to possess all the skills of all the people that work with you and for you. But you need to be able
to listen, to study and to collaborate. And has been said, these are things that define Mrs. Kleiner; |
know her both as a Rotarian and also for her work in trying to support solutions for the opioid crisis.

Board of Aldermen 05-14-2019 Page 15

This is a very complex situation for which she would not necessarily have intimate knowledge from an
educational standpoint but was a very quick study and was instrumental in the things that we have
been able to do. | would also say that one of the things that has not been mentioned about her
resume is that she has experience in techniques of promoting thoughtful and not reactive change in
things Lean Six Sigma. You study a problem and you make sure that you do things not more of things,
but to do things better. This is something that will be a critical factor in bringing some clarity and
improvements in the Assessor’s Office and in these services.

As someone who also works with people who in general and repeatedly and over many years work 60,
80 and 100 hour work weeks, it’s not about the number of hours or the age, it’s about the person and
the passion. And | have not only received e-mails from Kim at all hours and on all days but I’ve
personally observed her to bring her passion to her work and she is tireless and | expect she would
apply that as well. | have the utmost of admiration for Mr. Teeboom and for my neighbor Mrs.
Ortolano, but after listening to the concerns about the culture of the Assessing Office, | feel even more
convinced that the correct thing to do is to put someone in there that will take a hard look at what is
needed and then make those recommendations and make those things happen. Thank you.

Joanne St. John Good evening, my name is Joanne St. John, | live at 25 Beauview Ave here in
Nashua. | have lived here since 1977. Throughout my many years in Nashua | have been a
community activist and | have met many, many wonderful people. One of the women that | have met
in the past 15 years was Kim Kleiner. | am going to try not to repeat all of the wonderful things that
have been said about this amazing woman who | admire and respect so very much. | just want to say
that | do trust the Mayor’s judgement; | trust the Board of Aldermen that they are going to do their
homework. | appreciate all that has been said, if there is anyone who is up to this challenge, | know
that it’s Kim Kleiner. | trust her judgement, her integrity is unbelievable. | don’t know how she gets
everything done. | just want to say that | think that she has a wonderful analytical mind, she’s a great
team player. She is always up for a challenge and whatever she does, she does, she puts her whole
heart into it and has been very successful on many things that | have worked on with her. Most
recently, in the recent past, | have worked with her on a Committee to form the Arlington Street
Community Center and once again she just delves right into it, she looks at every aspect, whether it is
finances, building codes, police, you know, whatever she needs to do, she gets it done. | just want to
say | hope that you will support her and | know that going forward as Stephanie Wolf-Rosenblum said,
if she makes an assessment that there needs to be more help going into this, there is no one better to
listen to than Kim Kleiner. So thank you so much.

Ed Santamaria Good evening, Ed Santamaria, 15 Spit Brook Road, Vice President of Operations for
Two Guys Smoke Shop. | heard some interesting statistics tonight and the stunning numbers about
where kids get their vape products and their cigarettes, 65% from here and 35% from there. But for
me the most important number is that 100% of those kids have not been fined, penalized or charged. |
think we need to Police this in our high schools if we are worried about high school kids and not take
this out on the adults, the responsible adults over 18 in Nashua. All this does is hurt businesses in the
area and we should concentrate on enforcing the laws at that level where we need to enforce them, at
the high schools and under 18. Thank you.

Brandon Pierotti Good evening, Brandon Pierotti, 14 Lochmere Lane. | was invited her tonight by
Susan Lovering regarding my reappointment to the Nashua Conservation Commission. | was
appointed in 2015 to my term by Mayor Donnalee Lozeau and | hope to continue for another 3 year
term. | thank you Mayor Donchess for reappointing me. | hope to be sworn in tonight. If you confirm
the reappointment; I’d be happy to answer any questions you have for me. | have very much enjoyed
serving on the Commission and | hope to continue to. Thank you.

Adhvika_ Hi, hello my name is Adhvika_| live at 19 Preserve Drive in Londonderry. | have come here
today to represent the youth of New Hampshire in support of the Tobacco 21 Ordinance. So as
previously stated, many people have been stating economic effects of the ordinance. | completely
understand those. However, as I’ve looked up statistics when | was researching this past week,

Board of Aldermen 05-14-2019 Page 16

according to the CDC in 2017 this is for all Americans nationwide but you can take a sampling in New
Hampshire and Nashua as well but 40.8% of Americans who said that they smoked daily or some days
are age 25 years or older. So you are not losing a lot of customers or market base, it’s only like 12%
but you are still retaining a majority of the people who may buy or use tobacco products in America.
And as a member of our youth | am really concerned about protecting our health because we are the
future and we might be sitting in the same seats that you are all sitting in today. And if we don’t protect
the health of our youth as nicotine is a very addictive drug, it has been compared to levels of cocaine
and heroin and as we are dealing with opioid crisis, New Hampshire and even Massachusetts in this
day and age, | think tobacco might be put to that level if we don’t pass this ordinance. Thank you.

COMMUNICATIONS REQUIRING FINAL APPROVAL - None

PETITIONS

Petitions for Street Acceptance: Adelaide Avenue and Pendant Lane
e Committee on Infrastructure Recommends: Granting Petitions

MOTION BY ALDERMAN O’BRIEN TO GRANT THE PETITIONS FOR STREET ACCEPTANCE
FOR ADELAIDE AVENUE AND PENDANT LANE
MOTION CARRIED

NOMINATIONS, APPOINTMENTS AND ELECTIONS — None

REPORTS OF COMMITTEE

Budget Review Committee... 0.0... 00... cece tee tenet tttttttttsteeteeseees 04/22/2019

There being no objection, President Wilshire declared the report of the April 22, 2019, Budget
Review Committee accepted and placed on file.

Budget Review Committee... 00.0.0... eter tee ttt ttttteetetseees 04/29/2019

There being no objection, President Wilshire declared the report of the April 29, 2019, Budget
Review Committee accepted and placed on file.

Budget Review Committee... 0.0.0.0... cette ttt ttt tttteeeeeees 05/02/2019

There being no objection, President Wilshire declared the report of the May 2, 2019, Budget
Review Committee accepted and placed on file.

Budget Review Committee... 00.2.0... 0... cette ttt etttetsteneeess 05/07/2019

There being no objection, President Wilshire declared the report of the May 7, 2019, Budget
Review Committee accepted and placed on file.

Committee on Infrastructure......... 0... te tees etteteeeeees 04/24/2019
There being no objection, President Wilshire declared the report of the April 24, 2019, Committee on
Infrastructure accepted and placed on file.

Personnel/Administrative Affairs Committee... ........0... 0.0... ceeeeeeeeeeeeeeeee. 05/06/2019

There being no objection, President Wilshire declared the report of the May 6, 2019, Personnel/
Administrative Affairs Committee accepted and placed on file.

Board of Aldermen 05-14-2019 Page 17

CONFIRMATION OF MAYOR'S APPOINTMENTS

Administrative Services Director

There being no objection, President Wilshire declared Kim Kleiner, 32B Courtland Street,
Nashua, duly appointed to the Office of Administrative Services Director for an indefinite term
at the pleasure of the Mayor.

Oath of Office administered by Corporation Counsel.

Board of Assessors

Lydia Foley, 2 Bruce Street, Nashua, withdrawn.

Conservation Commission

There being no objection, President Wilshire declared Brandon Pierotti, 14 Lochmere Lane,
Nashua, and Richard Gillespie, 15 Spencer Drive, duly appointed to the Conservation
Commission for a term to expire December 31, 2021.

Oath of Office administered by Corporation Counsel to Brandon Pierotti.

Mine Falls Park Advisory Committee

There being no objection, President Wilshire declared Trisha Mullin, 275 Broad Street, Nashua,
duly appointed to the Mine Falls Park Advisory Committee for a term to expire May 1, 2022.

Oath of Office administered by Corporation Counsel.

Zoning Board of Adjustment

There being no objection, President Wilshire declared Nicholas Kanakis, 159 Main Street,
Nashua, duly appointed as an alternate member to the Zoning Board of Adjustment for a term
to expire September 11, 2020

Oath of Office administered by Corporation Counsel.

Alderman Caron

Excuse me | believe we skipped Richard Gillespie as a reappointment to the Conservation
Commission.

President Wilshire
He wasn’t here.
Alderman Caron

Oh I’m sorry | didn’t hear you call his name.

Board of Aldermen 05-14-2019 Page 18

UNFINISHED BUSINESS — RESOLUTIONS

R-18-073, Amended
Endorsers: Alderman-at-Large Brian S. McCarthy
Alderwoman-at-Large Shoshanna Kelly
Alderman-at-Large Michael B. O’Brien, Sr.
Alderman Jan Schmidt
Alderman Tom Lopez
Alderman-at-Large Brandon Michael Laws
Alderwoman Mary Ann Melizzi-Golja
PROPOSING AN AMENDMENT TO THE CITY CHARTER RELATIVE TO FILLING
VACANCIES ON ELECTED BOARDS BY MAJORITY VOTE OF THE REMAINING MEMBERS OF
THAT BOARD

R-19-130
Endorsers: Mayor Jim Donchess
Alderman Tom Lopez
Alderman-at-Large Brandon Michael Laws
AUTHORIZING THE SALE OF TAX DEEDED PROPERTY LOCATED AT 4 % - 6 CANAL
STREET
Given its second reading;

MOTION BY ALDERMAN KLEE FOR FINAL PASSAGE OF R-19-130
MOTION CARRIED

Resolution R-19-130 declared duly adopted.

R-19-131

Endorser: Mayor Jim Donchess

AUTHORIZING THE GRANTING OF AN EASEMENT TO THE NASHUA MILLYARD
ASSOCIATES, INC., OVER LAND LOCATED AT 2 PINE STREET EXTENSION
Given its second reading;

MOTION BY ALDERMAN O’BRIEN FOR FINAL PASSAGE OF R-19-131
MOTION CARRIED

Resolution R-19-131 declared duly adopted.

R-19-135
Endorsers: Mayor Jim Donchess
Alderman Linda Harriott-Gathright
Alderman-at-Large Lori Wilshire
RELATIVE TO THE APPROPRIATION OF $24,850 FROM DEPARTMENT #194
“CONTINGENCY”,
ACCOUNT #70100 “GENERAL CONTINGENCY” INTO VARIOUS NEW ACCOUNTS IN
DEPARTMENT #106 “ADMINISTRATIVE SERVICES”
Given its second reading;

MOTION BY ALDERMAN HARRIOTT-GATHRIGHT FOR FINAL PASSAGE OF R-19-135 BY ROLL
CALL

Board of Aldermen 05-14-2019 Page 19
A viva voce roll call was taken which resulted as follows:

Yea: Alderman O’Brien, Alderman Gidge, Alderman Harriott-Gathright
Alderman Dowd, Alderman Klee, Alderman Laws, Alderman Lopez
Alderman Caron, Alderwoman Kelly, Alderman Jette, Alderwoman
Melizzi-Golja, Alderman Tencza, Alderman Schmidt, Alderman
Clemons, Alderman Wilshire 13

Nay: 0
MOTION CARRIED
Resolution R-19-135 declared duly adopted.

There being no objection, President Wilshire withdrew R-19-134 from Committee

R-19-134
Endorser: Alderwoman Mary Ann Melizzi-Golja
Alderwoman-at-Large Shoshanna Kelly
Alderman-at-Large Michael B. O’Brien, Sr.
Alderman Linda Harriott-Gathright
Alderman Patricia Klee
Alderman-at-Large Brandon Michael Laws
Alderman June M. Caron
Alderman Jan Schmidt
Alderman-at-Large Lori Wilshire
ADOPTION OF STRATEGIC PLANNING GOALS
Given its second reading;

There being no objection, President Wilshire assigned R-19-134 to the Planning & Economic
Development Committee

UNFINISHED BUSINESS — ORDINANCES

O-19-037
Endorsers: 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 third reading;

MOTION BY ALDERMAN JETTE FOR FINAL PASSAGE OF O-19-037

ON THE QUESTION

Alderman Jette

I'd like to speak on that. At this time I’d like to move to amend O-19-037 with the version that is on
your desk marked “amended” and I’d like to speak about that. So this all started with an Ordinance
that | asked the Legal Department to draft; this started when | saw the City of Keene adopted an

Ordinance raising the age at which to buy tobacco products from 18 to 21. | found out that the State
Law that makes the tobacco age currently 18 had a provision in it that allowed local cities and towns to

Board of Aldermen 05-14-2019 Page 20

raise the age. | found out that Dover did it last summer and Keene did it most recently effective
January 1*' of this year.

| had long known about the evils of tobacco and nicotine and | thought since we had the opportunity to
do that that we should do so. | basically gave copies of the Keene and Dover ordinances to the Legal
Department and they drafted the original version of this ordinance. After that was done, when the
ordinance came before the Personnel & Administrative Affairs Committee, that Committee voted 3 to 1
to recommend final passage. Prior to the full board meeting, | was approached by Alderman Clemons
asking me to make some amendments to the ordinance. After doing some research | found that the
amendments that he was requesting were more consistent with what other areas of the country had
done; specifically the amendments that he requested and are part of this amended version. They are
that number one it removes possession from the ordinance. It concentrates on the purchase, sale and
distribution of tobacco products.

So the criticisms that you’ve heard about people being subject to being fined for merely possessing the
tobacco products has been removed. The argument that people coming from one jurisdiction where it
is legal, passing through Nashua where it is illegal and being stopped for some other reason would be
subject to being fined is no longer part of the ordinance. The possession part has been removed. And
| was comfortable with that change because not only has my research shown that other jurisdictions
that have raised the age to 21 have not prohibited possession, | found out that the model legislation
propounded by tobacco-free kids does not prohibit possession. The model legislation recommended
by the American Heart Association, the American Lung Association, The American Cancer Society all
recommend against prohibiting possession. So it takes away, and their purpose in that is that they
don’t want to penalize possession by young people, they want to deny access, they want to make it
more difficult for these people to purchase. They want to penalize people who are selling these
products to people under 21.

With that research | was comfortable making that amendment. The other change is that rather than
making, if this passed, making it illegal for someone who is already 18, 19 or 20, all of a sudden
making it illegal for them to obtain these tobacco products kind of denies the reality that nicotine and
the nicotine that is contained in tobacco products and vaping devices is very, very addictive. That’s
one of the arguments that the people who want to raise the age have made; that this is very addictive
and it’s especially to young people because the young brain is more susceptible to addiction. And as
has been pointed out by the people who have testified in favor, you know, remember some of the
people you have heard from who have testified in favor of this have been the Director of our Health
Department, Bobbie Bagley; two physician members from our Board of Health, Dr. Cappetta who is a
pediatrician and Dr. Wolf-Rosenblum who is a pulmonologist. We've also heard from Dr. Albee
Budnitz who is an expert. He’s a retired pulmonologist but he teaches at Dartmouth now and he’s very
active in Breathe New Hampshire and the Prevention Coalition.

These people have pointed out to us that the brain of a young person is not fully developed, that brain
is not capable of appreciating full the consequences of decisions that they make. And so these people
who up until now have been able to obtain these products have become addicted. And we have to
acknowledge that addiction is a disease. You know, these are not bad people; these are people who
have become addicted. And to suddenly say to them you know, from now on you can’t obtain these
products isn’t going to necessarily make it happen. We have to recognize their addiction and we have
to acknowledge that it is not as easy as we may hope to just stop.

So this provided for a grandfathering of this ordinance. So it says that it applies to people who are
either under 21 and born after June 30", 2001 will be exempt from this ordinance. So this
acknowledges people who will have become 18 by June 30" or the effective date, July 1°, will be
exempt from this. But in the future, people who haven’t reached 18 yet and don’t reach 18 by that
date, it will be illegal to sell these products to them or for them to purchase it. At the last hearing there
was a police officer who came to testify and he was asked about if this would make it more difficult for
you. And |’m not sure that he was completely aware of the wording of the ordinance because he said