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Finance Committee - 07/10/2019 Page 13
Mr. Lafleur

Oh absolutely and if they want to switch that in we are trading them in so we will take the little one back and
give them a bigger barrel.

Alderman Harriott-Gathright

Well | was thinking about some of the elderly people that really don’t need those huge barrels. | guess they
can hold it or wait 3 or 4 weeks.

Mr. Lafleur

| was just going to say that, they can wait 3 or 4 weeks before they have to put it out once instead of putting it
out every week.

Alderman Harriott-Gathright

Ok thank you.

Alderwoman Kelly

| bet you didn’t expect this many questions on recycling toters?
Mr. Lafleur

No | didn’t, but that’s just fine.

Alderwoman Kelly

Getting a little geeky, | am interested in whether you plan for development that’s going around in the City in
terms of new houses that are coming on the market. | know we have quite a few because I’m on the
Conservation Commission | see them all the time. So do ever plan for that.

Mr. Lafleur

Planning? As far as?

Alderwoman Kelly

As far as those new residents are going to need those bins so?

Mr. Lafleur

Oh yeah that’s why | keep so many in stock, absolutely.

Alderwoman Kelly

Thank you.

MOTION CARRIED

Finance Committee - 07/10/2019 Page 14

From: Dan Kooken, Purchasing Manager
Re: Purchase of Catepillar 826K Compactor Teeth

MOTION BY ALDERWOMAN KELLY TO ACCEPT, PLACE ON FILE AND AWARD THE CONTRACT TO
CARON COMPACTOR COMPANY IN THE AMOUNT OF $34,250. SOURCE OF FUNDING IS
DEPARTMENT 168, SOLID WASTE

ON THE QUESTION
Mr. Lafleur

Sure, Superintendent Jeff Lafleur, Solid Waste. These teeth are for the compactor, our big trash compactor,
the one with the steel wheels and the big teeth on them. That is what crushes our trash and compacts it
properly. We weren’t really planning on purchasing teeth for these wheels this year or next year. We were
hoping to get a few more years out of them. But Caron Compactor, they are the sole source, those are the
wheels that we bought for the compactor; they actually negotiated with us and they gave us a set for 2 wheels
free last year. | negotiated that with them for them wearing down so quickly. So | had those installed last fall
ahead of this, before | could get this under my budget for this installation. So | ended up negotiating getting 2
for free. They are charging us $34,250.00 for two wheels now. Typically it would be a $60,000.00 or
$70,000.00 purchase and we are getting it for $34,000.00 that’s just the teeth. CAT out of Londonderry will be
welding and installing them for us for a charge of only $10,000.00 which is very cheap. We had a fabricator do
it and it took him 2 % weeks to do 2 wheels. CAT is telling me they can do it in 3 days so that’s another added
addition to this but this is what we are going for the approval for right now.

MOTION CARRIED

From: Dan Kooken, Purchasing Manager
Re: Contract for Canal Street Bridge Repairs to Abutment

MOTION BY ALDERWOMAN KELLY TO ACCEPT, PLACE ON FILE AND AWARD THE CONTRACT TO
WILLIAM P. DAVIS EXCAVATION IN THE AMOUNT OF $39,905. FUNDS ARE AVAILABLE IN
DEPARTMENT 160, ADMINISTRATION/ENGINEERING; CAPITAL IMPROVEMENTS

ON THE QUESTION
Peter Kohalmi, Deputy City Engineer

Good evening Mayor, Committee Members, my name is Pete Kohalmi, I’m the Deputy City Engineer. The
Canal Street Bridge has sustained some damage, we call it spalling. Spalling is essentially concrete, chunks
of concrete that has broken off the surface of the abutment. Generally that is caused by water infiltrating the
concrete, freezing, expanding and then pushing the concrete out of place. So are proposing a relatively
moderate repair to drill some holes into the abutment to allow the water to escape and stop the spalling from
occurring. Then later on we do plan on making repairs, concrete repairs to the abutment. Davis Excavation
from Hampton has performed a couple of other contracts with DPW, they’ve done a good job for us and we
recommend accepting their bid.

Alderman Laws
How concerned are we with the integrity of the bridge while this is going on?
Mr. Kohalmi

The bridge is getting old, | believe it is 70 or 80 years old something like that. It is not in danger of anything
catastrophic happening anytime soon.

Finance Committee - 07/10/2019 Page 15
Alderman Laws

How many other bridges around Nashua are we going to be doing projects like this on?

Mr. Kohalmi

The Main Street Bridge will need some work, | am not intimately familiar with each bridge; but | know the Main
Street Bridge will need some work as well as the Hudson Bridge over the Merrimack.

Alderman Harriott-Gathright

| was just going to ask what is considered the Main Street Bridge? Is that the Bridge right down there by
Canal Street?

Mayor Donchess

Yes, going over the Nashua River, right by Peddler’s there.

Alderwoman Kelly

Yes | was wondering if you know how long this might extend the useful life of the bridge? It sounds like it is
coming to its end by what you said before?

Mr. Kohalmi
| really don’t have a good answer for that, this is Phase | of 2 or 3 Phase project. First we have to need to

keep the spalling from getting worse and then we need to start making repairs to the concrete. | don’t foresee
anything, this bridge needing major repairs for quite some time. Right now it is in OK shape.

Alderwoman Kelly
Thank you.
Alderman Caron

Yes thank you. So when this repair work is being done, is that bridge going to be closed or it is going to be
one lane?

Mr. Kohalmi

It is not going to be closed, the work is underneath the bridge. There may be some sporadic one-way
alternating traffic. But no it is not going to be closed.

Alderman Caron
Ok good thank you.
Alderman O’Brien

A little off subject but the same bridge, how is the lighting on the bridge? | remember there was talk in the past
about torch lighting that’s quite elaborate where you can never replace that. You know, is it working?

Finance Committee - 07/10/2019 Page 16
Mr. Kohalmi

| can’t speak to that Alderman, I’m not aware of the lighting on it.

MOTION CARRIED

UNFINISHED BUSINESS — None

NEW BUSINESS. - None

RECORD OF EXPENDITURES

MOTION BY ALDERMAN KELLY THAT THE FINANCE COMMITTEE HAS COMPLIED WITH THE CITY
CHARTER AND ORDINANCES PERTAINING TO THE RECORD OF EXPENDITURES FOR THE PERIOD
FROM JUNE 14, 2019 TO JUNE 30, 2019

MOTION CARRIED

GENERAL DISCUSSION - None

PUBLIC COMMENT - None

REMARKS BY THE ALDERMEN - None

NON-PUBLIC SESSION — None

ADJOURNMENT

MOTION BY ALDERMAN O’BRIEN TO ADJOURN
MOTION CARRIED

The Finance Committee meeting was adjourned at 7:53 p.m.

Alderwoman-at-Large Shoshanna Kelly
Committee Clerk

TO: City of Nashua Finance Committee
FROM: Gary Braun, 8 Monza Road, Nashua NH
RE: Statement re: Proposed Contract with Humane Society

DATE: 7/10/19

Members of the Committee and Mr. Chairman. Thank you for this opportunity to speak. May
name is Gary Braun. I’ve resided at 8 Monza Road, Nashua NH with my wife Nancy, since 1991. I’m semi-
retired after being a lawyer for almost 30 years. I’ve already provided you 2 letters, one dated May 17,
2019 and the second dated tuly 9, 2019. | would like to enter those letters onto the record this evening,

along with a copy of this written statement.

We've had cats living with us for almost all of the time we’ve resided in Nashua. In September
2017 one of our neighbors used a live trap to trap one of our cats. The neighbor claimed that our cat
was harassing a cat living with the neighbor. It may be that the neighbor thought our cat was feral. We
were informed that a high ranking officer of the Nashua police department advised our neighbor to
obtain the live trap from the Humane Society of Nashua. Our neighbor called the Police Dept.’s Animal
Control Officer (ACO) after catching our cat in the live trap. The ACO took possession of my cat — i.e.
seized the cat - transported the cat to the Humane Society, and impounded her there pursuant to this
form which is entitled :Nashua — Municipal Impoundment Claim Form for Police or ACO”. A box is
checked on the form indicating the cat was impounded as a “stray” and/or “for running at large.”
Based on these facts, it is and has always been my position that my cat was impounded by the City and

the ACO on the basis that she was a stray or because she was running at large.

The ACO and the Humane Society do God’s work in my opinion by caring for animals. But the
ACO’s and the City’s actions must be consistent with the authority provided the City by law, as well as

with public pronouncements made by the City with respect to animal control issues. | feel there were

and are a number of significant issues associated with the manner and circumstances under which my
cat was impounded including on the basis of her being a stray or for running at large. | would like to

speak to those issues tonight.

First, please be aware of the information on the Police’s public website covering FAQs regarding
animal control. A print out of the web page is attached to my July 9 letter. | printed out the web page
on July 9" so that information is current. It is information that is currently available to the public in
Nashua and which to my belief has been provided continuously to the public since at least 2017 or
before. The info on the web page is the same as the info shown on the web page in September of 2017
when my cat was impounded as a stray. As you can see, the webpage expressly provides that cats are
not subject to a leash law. The webpage further provides that cats are not required to be licensed. Lastly
and perhaps most importantly, the webpage provides expressly that “there is no law prohibiting cats
from ‘running at large.” If the information on the Police website is accurate, then | ask you why was my
cat impounded as a stray or for running at large? If the info on the website is inaccurate, then the
citizens of the City are not being properly advised what the law is regarding cats in the City. To me it is
fundamentally unfair to lead cat owners to believe that their cats may run free, including off of the cat
owner's property, when in fact the City or Police in practice are impounding cats for running at large or

as strays.

Second, the City’s animal control ordinance (Title or Article 93) on its face authorizes only the
impounding of dogs as strays or for running at large (and perhaps chickens as well). Conversely, the
ordinance does not authorize the City to impound a cat as a stray or for running at large. State law is
similar in that it provides that dogs only may be impounded as strays or for running at large, and only
then pursuant to the terms of the State statute and a licensing law for dogs adopted by the municipality.

| do agree that State law allows a cat to be impounded for having rabies or being suspected of having

rabies but that’s not the issue here. With all respect intended, our government’s powers are limited to
what the law or the State constitution provides to the government in way of power. Here, the City is not
legally authorized under current State law and municipal ordinance to impound cats as strays or for
running at large. If the City wants to impound cats as strays or for running at large, or in fact is doing so
as a matter of practice, then it should modify its animal ordinance to provide for such. Amending the
ordinance would likewise serve to put cat owners on notice that their cat may not go off their property

without the possibility of being seized and impounded by the City and it’s ACO.

Third and as mentioned, the City has no licensing law for cats. The purposes of a licensing law
for animals in my view include: assuring the City knows which animals reside in the City and that they
are properly vaccinated; informing animal owners of the need to vaccinate; informing animal owners of
conduct by their animals that is violative of City law; putting animal owners on notice of penalties for
violations of the ordinance or related City law, including monetary penalties or penalties involving
seizure and impounding of animals; requiring that licensed animals be identifiable in some fashion
including so the City can provide notice to the owner of seizure of the animal; and, providing the City
with a database maintained by and available to the City so it can provide such notice to the owners of
seized animals. All of these things are presently absent given the lack of a licensing law for cats in
Nashua. If the City is going to seize any animal, including cats or ferrets, for running at large or as strays
they should first license those animals including so the City has a way to allow the seized animal’s owner

to retrieve their pet.

Fourth, the lack of a licensing law for cats and the mechanism for identifying cats so owners can
be advised of their seizure poses the potential that the City will seize an animal and deprive it’s owner of
possession of the animal in a way that violates the owner’s due process rights under the 14"

amendment to the federal constitution. Animals are personal property under NH law. The federal

constitution requires several things when a citizen’s property is seized by the government. One is that
the owner of the property must be properly informed prior to the seizure that the law permits seizure of
the property (i.e. the animal) under certain circurnstances, and what those circumstances are. Once a
seizure of personal property occurs, the governmental entity which seized the property must notify the
owner of the property of the seizure and must provide some mechanism whereby the owner can at
least attempt to retrieve the property from the government. At minimum, the lack of a licensing law for
cats means the City has no way to identify the cat that’s been seized, so the City is unable to provide

notice to the owner of the seizure and the opportunity to recover the cat from the City.

Based on all of this | submit that the City’s actions in impounding cats as strays or for running at
large exceeds and is beyond the City’s legal authority as provided by existing law. Such practice or
conduct is also unconstitutional, or potentially so, in my view because depriving a cat owner of his or her
pet without having a licensing law that allows the City to identify a cat owner and to give that person
proper notice of the seizure of the cat violates the owner’s due process rights in and to their personal
property. In fact. RSA 466:13-a expressly provides that municipalities may license cats and if they do the
same penalties can be applied to cats as are applied to dogs. Such penalties would presumably include
seizing and impounding as a cat as a stray or for running at large if they stray from their owner's
property. if the City wants to regulate cats as they do dogs, then the City is free create a program for
licensing cats, and, to modify its’ animal control ordinance to include specific and express restrictions on
cats and imposing penalties for violations of those restriction. Until then, the City is engaging in illegal
and potentially unconstitutional activities when engaging in the seizure, transport and impounding of

cats and/or ferrets.

| tried to fix this issue by meeting and speaking with the City at the time my cat was seized and

impounded in 2017. In fact, | thought | had resolved the issue quietly and privately. At the time in 2017, |

EXHIBIT C

CONTRACT FOR PROFESSIONAL SERVICES

TITLE

A CONTRACT BETWEEN

THE CITY OF NASHUA, 229 MAIN STREET, CITY HALL, NASHUA, NH 03060
AND

Vanasse Hangen Brustlin, Inc. (VHB)
NAME AND TITLE OF PROFESSIONAL ENGINEER

2 BEDFORD FARMS DRIVE, SUITE 200
BEDFORD, NH 03110
ADDRESS OF PROFESSIONAL ENGINEER

WHEREAS, the City of Nashua, a political subdivision of the State of New Hampshire, from time
to time requires the services of a Professional Engineer ; and

WHEREAS, it is deemed that the services of a Professional Engineer herein specified are both
necessary and desirable and in the best interests of the City of Nashua; and

WHEREAS, Professional Engineer represents they are duly qualified, equipped, staffed, ready,
willing and able to perform and render the services hereinafter described;

Now, THEREFORE, in consideration of the agreements herein made, the parties mutually agree as
follows:

1. DOCUMENTS INCORPORATED. The following exhibits are by this reference incorporated herein and are
made part of this contract:

Exhibit A--General Conditions for Contracts
Exhibit B—Scope of Work, Schedule and Basis for Fees

The Contract represents the entire and integrated agreement between the parties and supersedes prior
negotiations, proposals, representations or agreements, either written or oral. Any other documents which
are not listed in this Article are not part of the Contract.

In the event of a conflict between the terms of the Proposal and the terms of this Agreement, a written
change order and/or fully executed City of Nashua Purchase Order, the terms of this Agreement, the written
change order or the fully executed City of Nashua Purchase Order shall control over the terms of the

Proposal.

2. WORK TO BE PERFORMED Except as otherwise provided in this contract, Professional Engineer shall
furnish all services, equipment, and materials and shall perform all operations necessary and required to
carry out and perform in accordance with the terms and conditions of the contract the work described.

AG | of 3

was assured by Corporate Counsel that it was not the practice of the Police to impound cats as strays
and that the situation involving my cat was an aberration. | was promised that the Police would never do
this to my cat again. | also convinced the City to change the then existing contract with Humane Society
to remove language from the contract regarding impounding cats and ferrets as strays at the Humane
Society. The revised contract without language about impounding cats and ferrets is dated December
2017. The City agreed to and in fact did remove such language but inexplicably re-inserted the language
into the contract about stray cats and ferrets when the contract came up for renewal in July 2018. I’ve
asked the Mayor and Corporate Counsel for months now why the 2018 contract reverted to the old
contract language. | never received an answer and instead feel | have been stonewalled by the Mayor

and Mr. Bolton every step of the way.

I've come to the Finance Committee because you are the appropriations arm of City
government and must approve the currently proposed contract with the Humane Society. Once again,
the Mayor has included language in the proposed contract before you regarding the impoundment of
cats and ferrets as strays. As I’ve noted, impounding cats and ferrets as strays or for running at large
under current State and City law is illegal, as well as unconstitutional when applied. Since the City is not
legally authorized to seize and impound cats as strays or for running at large, the City may not enter into
a contract with a third party to carry out such illegal or unconstitutional purposes or actions. The
Committee should therefore reject the contract as currently structured. The contract could be approved
by the Committee by simply removing or striking the language in Section 1 of the proposed contract

regarding impounding cats and ferrets as strays.

The Committee should also use its power to reject the contract as currently proposed as a check

and balance on the Mayor and his administration. The Mayor and City, like every other person and