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Finance Committee - Agenda - 4/6/2022 - P272

By dnadmin on Sun, 11/06/2022 - 21:44
Document Date
Fri, 04/01/2022 - 08:56
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 04/06/2022 - 00:00
Page Number
272
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__040620…

excavation and disposal of existing pavement and existing unsuitable materials
at the City landfill in order to establish the appropriate subgrade for the
temporary and permanent pavement and associated crushed gravel base
courses, including all labor, tools and equipment necessary to complete the
work as specified in these Specifications and as directed by the Engineer.

F. 2-INCH BITUMINOUS SIDEWALK INCLUDING CRUSHED GRAVEL
BASE
Measurement:
The quantity to be measured under ITEM 12A, 2-Inch Bituminous Sidewalk,
shall be measured by the SQUARE YARD in accordance with the Contract
Drawings, directions from the Engineer, and as specified herein.

Payment:
The approved quantity of 2-Inch Bituminous Sidewalk shall be paid for at the

contract unit price for ITEM 12A and shall be full compensation for removal
and replacement of the bituminous sidewalk including crushed gravel base,
repair of grass and landscape areas disturbed by the sidewalk construction, and
all labor, tools and any other equipment necessary to complete the work as
specified in these Specifications and as directed by the Engineer.

G. 4-INCH CONCRETE SIDEWALK INCLUDING CRUSHED GRAVEL BASE
Measurement:
The quantity to be measured under ITEM 12B, 4-Inch Reinforced Concrete
Sidewalk, shall be measured by the SQUARE YARD in accordance with the
Contract Drawings, directions from the Engineer, and as specified herein.

Payment:
The approved quantity of 4-Inch Reinforced Concrete Sidewalk shall be paid

for at the contract unit price for ITEM 12B and shall be full compensation for
removal and replacement of the concrete sidewalk including crushed gravel
base and all labor, tools and any other equipment necessary to complete the
work as specified in these Specifications and as directed by the Engineer.

H. RESET GRANITE CURB
Measurement:
The quantity to be measured under ITEM 13A, Reset Granite Curb, shall be
measured by the LINEAR FOOT in accordance with the Contract Drawings,
directions from the Engineer, and as specified herein.

Payment:
The approved quantity of Reset Granite Curb shall be paid for at the contract

unit price for ITEM 13A and shall be full compensation for removal and
resetting of existing granite curb including crushed gravel base and all labor,
tools and any other equipment necessary to complete the work as specified in
these Specifications and as directed by the Engineer.

2022 Sewer Replacement Project Measurement and Payment
Nashua, NH 01150 - 12

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Finance Committee - Agenda - 4/6/2022 - P272

Finance Committee - Minutes - 9/6/2017 - P3

By dnadmin on Mon, 11/07/2022 - 10:20
Document Date
Wed, 09/06/2017 - 00:00
Meeting Description
Finance Committee
Document Type
Minutes
Meeting Date
Wed, 09/06/2017 - 00:00
Page Number
3
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_m__090620…

Finance Committee - 9/6/2017 Page 3
MOTION CARRIED

From: Dan Kooken, Purchasing Manager
Re: Eight (8) 2018 Ford Police Interceptors Utility Police Package Marked Vehicles and Equipment
(Value: $243,096)

MOTION BY ALDERMAN SIEGEL TO ACCEPT, PLACE ON FILE AND AUTHORIZE THE PURCHASE
FROM M-H-Q MUNICIPAL VEHICLES IN THE AMOUNT OF $243,096. FUNDS ARE AVAILABLE IN
DEPARTMENT 150, NASHUA POLICE DEPARTMENT; CERF

MOTION CARRIED

From: Dan Kooken, Purchasing Manager
Re: Purchase of Personal Protective Equipment (PPE) Replacement (Value: $19,000)

MOTION BY ALDERMAN SIEGEL TO ACCEPT, PLACE ON FILE AND AUTHORIZE THE PURCHASE
FROM GLOBE MANUFACTURING IN THE AMOUNT OF $19,000. SOURCE OF FUNDING IS
DEPARTMENT 152, FIRE; GENERAL FUND OPERATING BUDGET

MOTION CARRIED

From: Dan Kooken, Purchasing Manager
Re: First Amendment to Lead Paint Inspectional Services Contract (Value: $40,000)

MOTION BY ALDERMAN SIEGEL TO ACCEPT, PLACE ON FILE AND APPROVE AMENDMENT #1 TO
THE CONTRACT WITH ALCHEMY LEAD MANAGEMENT IN THE AMOUNT OF $40,000. FUNDS ARE
AVAILABLE IN DEPARTMENT 184, URBAN PROGRAMS; HUD LEAD HAZARD CONTROL GRANT

ON THE QUESTION

Alderman Siegel

It’s my understanding that this is money that we’re just extending because we had leftover. So we can’t
repurpose it to anything else so it’s probably just a good idea to more homes because of the leftover money.

Mayor Donchess

Yes because this is a federal grant directly specifically to lead abatement so we couldn't use it for another
purpose.

Alderman Siegel

Not that that’s a good thing anyway. Thank you.
MOTION CARRIED

From: Dan Kooken, Purchasing Manager
Re: Purchase of a Toro Groundmaster 5910-D Mower (Value: $104,838)

MOTION BY ALDERMAN SIEGEL TO ACCEPT, PLACE ON FILE AND AUTHORIZE THE PURCHASE
FROM TURF PRODUCTS CORPORATION IN THE AMOUNT OF $104,838. SOURCE OF FUNDING IS
DEPARTMENT 177, PARKS AND RECREATION; CERF

MOTION CARRIED

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Finance Committee - Minutes - 9/6/2017 - P3

Finance Committee - Minutes - 9/6/2017 - P4

By dnadmin on Mon, 11/07/2022 - 10:20
Document Date
Wed, 09/06/2017 - 00:00
Meeting Description
Finance Committee
Document Type
Minutes
Meeting Date
Wed, 09/06/2017 - 00:00
Page Number
4
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_m__090620…

Finance Committee - 9/6/2017 Page 4

From: Dan Kooken, Purchasing Manager
Re: Purchase of Charlotte Ave Turf (Value: $24,080) - AMENDED

MOTION BY ALDERMAN SIEGEL TO ACCEPT, PLACE ON FILE AND AUTHORIZE THE PURCHASE
FROM WINDING BROOK TURF FARM, INC. IN THE AMOUNT OF $24,080. FUNDS ARE AVAILABLE
IN DEPARTMENT 177, PARKS AND RECREATION; GENERAL FUND OPERATING BUDGET

Mayor Donchess

Your motion Alderman Siegel is based upon the amended communication that was submitted by Mr. Kooken
tonight, right?

Alderman Siegel
Yes it is.

MOTION BY ALDERMAN SIEGEL TO SUSPEND THE RULES SUCH THAT A COMMUNICATION
RECEIVED AFTER THE AGENDA WAS PREPARED CAN BE ENTERED INTO THE RECORD
MOTION CARRIED

MOTION BY ALDERMAN SIEGEL THAT THE MEMO FROM MR. KOOKEN CONCERNING THE
PURCHASE OF THE CHARLOTTE AVE. TURF THAT WAS RECEIVED TODAY BE ACCEPTED AND
PLACED ON FILE

MOTION CARRIED

MOTION BY ALDERMAN SIEGEL TO ACCEPT, PLACE ON FILE AND AUTHORIZE THE PURCHASE

FROM WINDING BROOK TURF FARM, INC. IN THE AMOUNT OF $24,080. FUNDS ARE AVAILABLE IN
DEPARTMENT 177, PARKS AND RECREATION; GENERAL FUND OPERATING BUDGET (AMENDED)

Mayor Donchess

Please note that Alderman Wilshire is present. Is there any discussion on the amended communication?
Alderman Cookson

Just a parliamentary inquiry. So I’m looking at the second page of the paper clipped communication and it’s

City of Nashua Public Works Division to the Purchasing Department. Did this have to go before Public Works?
It’s dated September 6. Was there a Public Works meeting on the 6" of September?

Mayor Donchess

No but the unamended communication which approved a slightly higher purchase amount they did approve.
Alderman Cookson

So yes it went before Public Works. Somebody in Public Works made a motion. It was a motion to approve

for a certain amount of money to a particular bidder and they approved that. They haven't approved this
motion which is to a different bidder and for a different amount.

Mayor Donchess

That’s correct.

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Finance Committee - Minutes - 9/6/2017 - P4

Finance Committee - Minutes - 9/6/2017 - P5

By dnadmin on Mon, 11/07/2022 - 10:20
Document Date
Wed, 09/06/2017 - 00:00
Meeting Description
Finance Committee
Document Type
Minutes
Meeting Date
Wed, 09/06/2017 - 00:00
Page Number
5
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_m__090620…

Finance Committee - 9/6/2017 Page 5

Alderman Siegel

| see Alderman Cookson’s concerns or points. | believe in the past we’ve taken things from the Board of Public
Works recommendations and we actually have changed them. An example being the landscaping along the
Broad Street Parkway which we took their recommendation and we changed it in Finance. |’m not sure if we
have to go back. | don’t know.

Dan Kooken

| did check and the feeling was we didn’t need to go back because it was a lesser amount.

Alderman Cookson

Again it was just an inquiry. | understand what the Board of Public Works approved and this is not it. So that’s
why the question was posed.

Mayor Donchess

Certainly a legitimate question.

Alderman Cookson

Thank you for validating that.

Alderman Siegel

| apologize to my colleague Alderman Cookson if...
Alderman Cookson

No apology necessary Alderman Siegel.

Mayor Donchess

Any other discussion? So the motion now before you is to approve the newly accepted amended and the
purchase described therein.

MOTION CARRIED

From: Dan Kooken, Purchasing Manager
Re: Replace Vehicle #136, 2017 Ford F350 (Value: $67,409)

MOTION BY ALDERMAN SIEGEL TO ACCEPT, PLACE ON FILE AND AUTHORIZE THE PURCHASE TO
MHQ MUNICIPAL VEHICLES IN THE AMOUNT OF $67,409. SOURCE OF FUNDING IS DEPARTMENT
169, WASTEWATER; WERF

MOTION CARRIED

Mayor Donchess

My apologies. | did tell Alderman Wilshire that | would announce that she was at a house closing | think last
night but | neglected to say that at the beginning of the meeting. So that was definitely an excused absence.
She went to the showing and now she’s here. That was my fault for not mentioning that in the beginning.

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Finance Committee - Minutes - 9/6/2017 - P5

Finance Committee - Minutes - 9/6/2017 - P6

By dnadmin on Mon, 11/07/2022 - 10:20
Document Date
Wed, 09/06/2017 - 00:00
Meeting Description
Finance Committee
Document Type
Minutes
Meeting Date
Wed, 09/06/2017 - 00:00
Page Number
6
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_m__090620…

Finance Committee - 9/6/2017 Page 6

From: Mayor Jim Donchess
Re: McFarland Johnson Contract Amendment #3 for 25 Crown Street Park and Ride Project

MOTION BY ALDERMAN SIEGEL TO ACCEPT AND PLACE ON FILE
MOTION CARRIED

From: Mayor Jim Donchess
Re: Notification of Entry into Contract with a 3“ Party Supplier for Electricity Supply

MOTION BY ALDERMAN SIEGEL TO ACCEPT AND PLACE ON FILE
ON THE QUESTION

Alderman Siegel

Just a request. In the future can we get this as PDFs rather than an image file? It was kind of hard to read
some of the stuff. It seem legitimate. | just had to blow it up. The contract it looked like a blurry picture was
taken.

Mayor Donchess

I'll try for a PDF next time. So what happened is this was a fax because it had to be submitted like immediately
on very, very short notice. We'll try to get a better copy next time.

MOTION CARRIED
UNFINISHED BUSINESS — None
NEW BUSINESS — None

TABLED IN COMMITTEE

MOTION BY ALDERMAN O’BRIEN TO TAKE FROM THE TABLE R-17-120
MOTION CARRIED

R-17-120
Endorsers: Mayor Jim Donchess
Alderman Richard A. Dowd
Alderman-at-Large Michael B. O’Brien, Sr.
Alderman Tom Lopez
Alderman-at-Large Brian S. McCarthy
Alderman-at-Large Lori Wilshire
RELATIVE TO AN AGREEMENT FOR COUNSEL SERVICES CONCERNING POTENTIAL
OPIOID LITIGATION
e Tabled — 8/16/2017

MOTION BY ALDERMAN SIEGEL TO RECOMMEND FINAL PASSAGE
ON THE QUESTION

Attorney Bolton

Well | think you are all aware that the city is in the grips of a drug epidemic. Many people think that with the
over prescription of opioid drugs, there’s substantial evidence out there that manufacturers and distributors of
these drugs knew about the potential for addiction, knew they should not be used for chronic pain relief but

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Finance Committee - Minutes - 9/6/2017 - P6

Finance Committee - Minutes - 9/6/2017 - P7

By dnadmin on Mon, 11/07/2022 - 10:20
Document Date
Wed, 09/06/2017 - 00:00
Meeting Description
Finance Committee
Document Type
Minutes
Meeting Date
Wed, 09/06/2017 - 00:00
Page Number
7
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_m__090620…

Finance Committee - 9/6/2017 Page 7

nevertheless marketed them that way and in some cases mislead doctors, mislead the public in that regard.
The city has expended substantial sums as a result in such areas as police, fire, public health. The safe
stations program is one notable area. A prominent New Hampshire law firm, Nixon Vogelman - and Attorney
Lawrence Vogelman is here with us tonight - has affiliated themselves with a New York firm that has
experience in this large tort litigation area. They have agreed if we agree to essentially look at Nashua, look at
the potential for a lawsuit against some or many drug manufacturers and distributors with the idea of having a
recovery. These firms have graciously offered to investigate this potential at no charge to us to take a
contingency fee if successful but otherwise there will be no cost to the City of Nashua. They will pay the costs
up front of any investigation, any witnesses required, any other litigation expense. So my assessment is we’re
dealing with reputable people with good firms and we have nothing to do but gain should they be successful,
should we be successful. As said, Attorney Lawrence Vogelman whose many years practicing in New
Hampshire, as | said with a very prominent firm, is here representing that firm and their New York affiliate and
can answer any questions. If he has anything to address that | haven’t, Larry the floor is yours.

Attorney Vogelman

The only thing is that on Friday we filed our complaint on behalf of the City of Manchester. Here itis. It’s a
pretty big complaint. Some of you may have — most of you I’m sure heard that the State has filed a similar
action. It’s a little different in that we have over 20 different defendants in our lawsuit. They only have sued
one. So it’s far more limited than our case. Napoli Shkolnik has already filed suit in Akron, Ohio and | believe
has filed suit for Nashua County, New York. I’ve seen the complaint. Whether it’s actually filed or not | don’t
know. I'll answer any questions that you have. We'll be local counsel which means that we’re just up the road
in Manchester for you to yell at if something happens that you’re not thrilled with. Obviously you want
everything by Steve. The real expertise is Napoli Shkolnik | didn’t bring copies of the Manchester complaint to
share with all of you. | didn’t want to kill that many trees. | think it’s like 270 pages. Most of it is specific factual
information about the opioid crisis in Manchester and the damage to the State.

The folks in New York will be doing the same thing for Nashua if you decide to hire us. The good news about
that is that they have a bunch of overworked and from my perspective overpaid young lawyers that will just get
on the computer and just get the statistics for Nashua without bothering department heads. We'll run
everything by the department heads to make sure that the numbers are accurate and things like that but in
addition to not costing you anything financially, we’re hoping to not cost too much as far as person power
within the city. If you have any questions, I’m happy to answer them. It’s a little bit like the tobacco litigation.

If | were a bookie and you asked me are you going to be successful, | would probably say 50/50 because the
first suits around the country have just been filed. It’s kind of a creative lawsuit saying that Nashua has been
injured because the opioid manufacturers and distributors have been defrauding doctors and hospitals not
defrauding Nashua. We think there’s a pretty good theory that the doctors and hospitals still do pretty well.
They're not losing any money because they’re prescribing this and that the real people that are getting hurt is
the city and the citizens of the city. We have what we think is factually a smoking gun. The medical literature
for over 10 years, 15 years has shown that opioids are useless for chronic pain. They’re great. You have
surgery. You have a shoulder operation for the first week or two. | had one. It’s really nice to have that
medication. End of life if you’re in hospice and you’re in a lot of pain, really nice to have that medication. The
doctors have known for years that if you’ve got a bad back, you’re better off taking Tylenol or Advil than opioids
because opioids very quickly you develop a tolerance to them. That’s really what’s led to the illegal opioid
epidemic is that doctors are throwing these opioids at people. They then take them off the opioids, they're
addicted to them, out on the street one OxyContin could cost you $50. Heroin is a lot cheaper and that
unfortunately is what the folks in New Hampshire have been turning to is Heroin and Heroin spiced with
Fentenol which is causing tremendous damage to our community. That’s what it’s about. I’d love to answer
any of your questions.

Alderman Siegel

Is the suit being filed in New Hampshire courts?

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Finance Committee - Minutes - 9/6/2017 - P7

Finance Committee - Minutes - 9/6/2017 - P8

By dnadmin on Mon, 11/07/2022 - 10:20
Document Date
Wed, 09/06/2017 - 00:00
Meeting Description
Finance Committee
Document Type
Minutes
Meeting Date
Wed, 09/06/2017 - 00:00
Page Number
8
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_m__090620…

Finance Committee - 9/6/2017 Page 8

Attorney Vogelman

Yes. We filed this suit on behalf of Manchester in the Superior Court in Hillsborough North. Legally they may
decide to remove it to federal court because of something called “diversity of citizenship”. All the defendants
are out of New Hampshire. So they could if they want move it to federal court. We'll know pretty soon
because if they do it — it’s the same lawyers — they'll do it in the Manchester case and then it will just go to
Concord. It will stay in New Hampshire. We filed it in New Hampshire.

Alderman Siegel

So they’re filing lawsuits in different States.

Attorney Vogelman

They filed in Akron, Ohio. They’re going to file one in New York.

Alderman Siegel

They weren't going to make it a class action suit?

Attorney Vogelman

Class actions don’t mean that there’s similarity of the defendants. Class actions generally mean that there are
similarity of the plaintiffs. One of the key elements to get a class action is that there’s similar damage. The
damage to one of the biggest counties in the United States, Nassau County in New York is very different than
the damage to a place like Nashua. It’s plaintiffs that ask for class actions. | know of no provision in the law
that allows a defendant to ask for one. We're hoping though that there is cooperation particularly in New
Hampshire around discovery. lf there’s a deposition of somebody that it doesn’t have to be 10 depositions that
they'll be combined. Right now I’m at about where we are here with Nashua, I’ve already met with Strafford
County and Grafton County. | have to do my last meeting with them before they approve it. | hope to
approach some other of the cities as well. There will be a bunch of folks in New Hampshire and we'll just work
together to cut down on the expenses to do the depositions and whatever. Just so you kind of know, the
expenses in a case like this because it’s so heavy on experts will be probably between $1 million and $1.5
million and we will front of all it. If we lose, you could just say good try and we’re not going to ask you for a
penny.

Alderman O’Brien

My question is on the filing. Will we be enjoined in the Manchester suit as well or you'll be filing separately for
the Nashua behalf.

Attorney Vogelman

Well it’s separate because we have to go even though they’re both called “Hillsborough County”, they’re really
different jurisdictions. My guess is is that the judges are going to want to do a lot of this together. They might
not join it, but they'll probably call us in and say I’m ordering you to do the depositions, and the discovery, and
those things, and scheduling together. There’s no procedure for us to take this and go up to Manchester with
it. The court system if they want to do that, they can do that and we'll see. Jurisdictionally, we either file in
federal court or we file in Hillsborough South and we'll see. | like the judges in both Hillsborough South and
Hillsborough North. We think that they’re capable of handling this suit.

Alderman Clemons

A couple of questions. | know pharmaceutical companies but | would assume manufacturers of like all opioid
drugs or is there a particular...

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Finance Committee - Minutes - 9/6/2017 - P8

Finance Committee - Minutes - 9/6/2017 - P9

By dnadmin on Mon, 11/07/2022 - 10:20
Document Date
Wed, 09/06/2017 - 00:00
Meeting Description
Finance Committee
Document Type
Minutes
Meeting Date
Wed, 09/06/2017 - 00:00
Page Number
9
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_m__090620…

Finance Committee - 9/6/2017 Page 9

Attorney Vogelman

| have the list right here. There’s Purdue which is the biggest one that is actually three different corporations.
There’s Teva Pharmaceutical, Cephalon, Johnson, Ortho McNeil Johnson, Endo, Allergan, Actavis, Watson
Laboratories, McKesson Corporation, Cardinal Health, AmerisourceBergen Corporation, Russel Portenoy and
then there’s three doctors who've kind of been in the employ of the pharmaceutical companies that have been
traveling around the country lecturing about the benefits of opioids. There’s two doctors in Salt Lake City, one
in California and they're being sued individually as well. The way it works with our patent laws and the cost of
pharmaceuticals is that for every pill like for OxyContin, there’s only one company that makes it. Then for
Vicodin, there’s only one company that makes it. That’s why you get so many defendants. That’s also why it’s
so expensive because where only one company makes it, they can charge whatever they want. Those are the
defendants that we’re suing. As you might imagine, there’s going to be some high powered lawyers from
around the country defending it. | know since the only one who’s been sued so far in New Hampshire by the
state is Purdue. They’re local counsel actually was the Attorney General. A different lawyer at Nixon Peabody
obviously is going to handle it because he can’t both be the plaintiff and the defendant. Some of the big firms
in New Hampshire I’m sure will be local counsel too. It’s going to be a long and grueling legal battle that will
not end quickly.

Alderman Clemons

| guess my other question couple questions — one is maybe this is in the discovery process | don’t know. How
much would we be looking to sue these people for?

Attorney Vogelman

| have no idea. Millions. Probably tens of millions. In New Hampshire both in federal court and state court we
have the luxury in that you’re not even allowed to sue for a certain sum. You just sue and then whatever it
turns out to be is what you collect. You’re suing the federal government for instance, you’ve got to put that in a
number and it can never go over that number. We don’t have to do that and a lot of it will be when the
numbers get crunched for each plaintiff and we figure out what the costs are to the City of Nashua, that’s what
we'll be asking for. What it ends up at, | have no idea. Obviously we’re looking at numbers high enough that
we're willing to invest $1 million or so in order to collect back. We're not looking at like $1 million, $500,000.
That would be very bad lawyering. My guess is tens of millions.

Alderman Clemons

My other question is how these lawsuits are going to — they’re being filed across the country from what it
sounds like. I’m just questioning —| don’t Know. It’s nice to | guess if you will get on the gravy train but |
worder if it’s the right thing to do or not. | personally growing up | think | was in high school when the tobacco
lawsuit came out and | was not a fan of that either. | think people at the end of the day — doctors,
manufacturers, and things like that | think have to really take personal responsibility for stuff as well as people
who are taking medications as well. It’s a tough situation. It’s going to be tough call for me as far as how |
vote on it.

Attorney Vogelman

Let me address that because to me at least at least — most of what | do is civil rights though. If 1 was some
other area of the law or if | stayed in New York City I’d be driving a nice Ferrari instead of my Subaru. One of
the reasons you do that is because that effectuates change. In addition to whatever monies there are, | can
tell you that these companies already have cut back markedly in their marketing, in going to all these doctors,
conventions, and stuff. It’s already a changed behavior. To a certain extent when | do these things, changing
behavior is to me at least as important as whatever money you make. If filing these lawsuits saves a couple
hundred kids’ lives, great whether | make a penny or not. It’s just a terrible thing out there and it’s only one
arrow in the arsenal. It’s a terrible sickness. One of my kids had a problem. Thank fully he’s doing okay. If
there was a magic bullet other than a lawsuit to end or ameliorate the opioid crisis, we’d all jump on that magic

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Finance Committee - Minutes - 9/6/2017 - P9

Finance Committee - Minutes - 9/6/2017 - P10

By dnadmin on Mon, 11/07/2022 - 10:20
Document Date
Wed, 09/06/2017 - 00:00
Meeting Description
Finance Committee
Document Type
Minutes
Meeting Date
Wed, 09/06/2017 - 00:00
Page Number
10
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_m__090620…

Finance Committee - 9/6/2017 Page 10

bullet but this is just one other way of approaching it. In addition to the financial way, it does change behavior.
| sound like a lawyer when | said that.

Alderman Cookson

| certainly don’t know if this question is premature but could you indicated whether you expect this to be a trial
by jury or is this a decision that the court would make itself?

Attorney Vogelman

No we make that decision and we’ve asked for a trial by jury. If at some point down the line there’s a collective
belief that we do better before a Judge, in New Hampshire and State Court, both sides have to agree. We
have to ask for the trial by jury and so either side can ask for it and then it’s set down for a jury trial. For it to
change to a trial by judge, everybody has to agree. This is hyper technical and maybe depending on the judge
we get, we’d rather have a judge but that is way down the line. We’ve asked for — on the front page of the
complaint it says jury trial request.

Alderman Cookson

And what’s the expectation for mediation? I’m assuming there’s that opportunity prior to it going to trial.

Attorney Vogelman

New Hampshire has one of the most aggressive mediation procedures in the country. Basically unless you
come up with a good reason not to, you’ve got to mediate every case. We are years away from that. What
happens sometimes in cases like this, they do a test case. They pick one court somewhere in the country and
they try it to get an idea of what juries are thinking about it and then bang, bang, bang everybody sits down and
they settle. Imagine and listen to the bad publicity. Their lawyers don’t work on a contingency basis. The
firms that they’re hiring at billing out at $700 - $800 an hour. So this is expensive for them. At some point they
kind of see the light and say we’d rather sit down and throw money at some of the plaintiffs. They'll do that and
there is a culture here in New Hampshire of mediating almost everything.

Alderman Cookson
Thank you.
Alderman Clemons

Now this is a real technical question but this is more on the city side more than anything else actually. | would
assume that this would probably come down to a settlement is what | would guess. Assuming that part of the
settlement has the city agreeing to spending money on like the tobacco lawsuit you have to spend money on
education and things like that. Assuming that an agreement like that has come to if the city takes in a lump of
| don’t know $10 million let’s say, are we able to spend it under our rules of the spending cap or are we just
going to put it into the bank account and let it sit there?

Attorney Bolton

Well certainly if we (inaudible) Board of Aldermen agreeing to some settlement which has terms on how we
spend a portion of those proceeds, we’re going to have to develop a mechanism by which we comply with that
settlement. If we can’t develop such a mechanism, obviously the Board of Aldermen whoever it is when and if
this comes to fruition will have to vote not to include such terms. If we’re firm, the $10 million might still be
available because after all the pharmaceutical company doesn’t really care about us providing education or
not. Or they may Say if you’re not going to this, we'll only give you $9.5 million or whatever the number would
be. That would be a decision the Board of Alderman would have to deal with at that point in time.

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Finance Committee - Minutes - 9/6/2017 - P10

Finance Committee - Minutes - 9/6/2017 - P11

By dnadmin on Mon, 11/07/2022 - 10:20
Document Date
Wed, 09/06/2017 - 00:00
Meeting Description
Finance Committee
Document Type
Minutes
Meeting Date
Wed, 09/06/2017 - 00:00
Page Number
11
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_m__090620…

Finance Committee - 9/6/2017 Page 11

Attorney Vogelman

I'll tell you in similar lawsuits, it’s never the defendants who say you can only spend it for this or this. It’s the
municipality, the county, the states who decide we're not going to participate in this and they won’t vote to
approve the settlement unless it goes there. So you'll be making the decision. Perdue Pharmaceuticals does
not care where you spend the money. In a mediation, the mediator might suggest that a certain percentage of
money goes to hospitals, police and fire but they don’t care. It’s going to be you are right it’s a political
question that the city is going to have to make as to where they want to spend the money.

Alderman Clemons

| would just hate to see all this work done and then have us win and then have the money unable to be spent
because we can’t spend any money in this city.

Attorney Vogelman

You have a smart lawyer. He'll figure out a way. | can’t imagine a situation where we get an award and
because of some — | don’t know how the city really works but my guess is that you folks can work it out so that
you can spend the money.

Alderman Clemons

You would think. That’s been the million dollar question for 25 years.

Attorney Vogelman

You're beyond my jurisdiction here. | have no idea of that.

Attorney Bolton

We rebut with another lawsuit which they answer some of these questions.

Alderman Siegel
| think it’s probably a good problem to have to address if it comes down to that. | guess money that is received

without a defined purpose is subject to cap restraints | understand. We'll have to figure that out when the time
comes.

Attorney Vogelman
And you might have a blueprint from the damages that are argued. If we argue that it costs the Fire
Department this much, it cost welfare this much, it cost police this much. Maybe you can use that as a

blueprint as to where the money goes. Steve will let you know. | don’t know about caps but my guess is if you
do that you’re okay.

Attorney Bolton

When we get there whoever it sitting in this chair will advise you.
Mayor Donchess
Other questions? Comments? The motion is to recommend final passage of the resolution.

MOTION CARRIED

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