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To:

From:
Re:

ashua Fire Rescue

. Aaministrative Office

70 East Hollis Street, Nashua, NH 03060
www nashuafire.com

John Griffin, City of Nashua CFO

Dan Kooken, City of Nashua Purchasing Manager
Brian D. Rhodes, Assistant Chief

Request from CERF

Date: August 31,2017

Dear Sirs,

Nashua Fire Rescue is requesting FY 18 CERF funding to purchase three vehicles that
are on the current CERF Plan. The vehicles we will be replacing are; (1) 2008 Ford
Crown Victoria, (1) 2010 Ford Taurus, and (1) 2012 Chevrolet Tahoe. Pursuant to NRO
5-84 (A) (3), these vehicles will be purchased through the current Greater Boston Police
Council Vehicle Procurement Contract. A quote from MHQ for each vehicle is attached
for your review. These quotes will highlight the features and options of the new vehicles
including cost and trade-in allowances.

Nashua Fire Rescue Administration and Mechanical Division recommend the purchase in
the amount of $ 128,984.27 from MHQ, Inc. of Marlberough, Ma.
Total budgeted CERF allotment for these three vehicles: $ 128,986

Respectfully,

Brian D. Rhodes
Assistant Fire Chief

: Deputy Chief Karl Gerhard
Nashua Fire Rescue Group 3 Shift Commander

Administrative Office Nashua Fire Rescue
70 East Hollis Street, Nashua, NH 03060 (803) 594-3636
www.nashuafire.com Gerhardk @nashuanh.gov

August 16, 2017

To: City of Nashua Board of Aldermen

From: Deputy Chief Gerhard

RE: Household Hazardous Waste Collection Program Support

Dear Alderman,

1 am writing on you this letter of support of the Household Hazardous Waste Collection Program
(HHWCP). The regional program provides a valuable service to the City of Nashua and greatly
reduces the amount of household hazardous waste that could otherwise be improperly disposed
of. Improper disposal of household hazardous materials can result in a multitude of negative
events including; hazardous materials incidents, hazardous materials contamination of people,
property, or the environment. Just last year the HHWCP collected just under 100,000 pounds of
waste from just over 1700 households (HHWCP 2016 stats).

As the coordinator of the City of Nashua Hazardous Materials Team I am in regular contact with
the HHWCP managers prior their collection events held at the Department of public works.
While most hazardous waste collected at these events has been routine, we have had instances of
more serious chemicals have been brought by residents for disposal. Especially in these
instances, | am most thankful for this program where these materials are being placed in the
custody of a HHWCP contractor who is a properly trained professional to handle these (and all
other waste) items.

If it were not for the HHWCP program, I am certain these materials would be improperly
disposed of, or remain in improper environments where negative occurrences are more likely to
happen. Residents need a methodology to properly dispose of household hazardous waste. The
HHWCP is the only program of this type that meets this community need.

Nashua Fire Rescue supports the HHWCP and we hope the Board of Alderman will consider
doing so as well.

Any questions please contact me.
Very Respectfully,
Karl Gerhard

Deputy Fire Chief
Nashua Fire Rescue

REPORT OF THE FINANCE COMMITTEE
SEPTEMBER 6, 2017

A meeting of the Finance Committee was held on Wednesday, September 6, 2017, at 7:04 p.m. in the
Aldermanic Chamber.

Mayor Jim Donchess, Chairman, presided.

Members of the Committee present: Alderman-at-Large Mark S. Cookson, Arrived after Roll Call
Alderman-at-Large Michael B. O’Brien
Alderman June M. Caron
Alderman Benjamin M. Clemons, Arrived after Roll Call
Alderman Ken Siegel
Alderman-at-Large Lori Wilshire, Arrived after Roll Call

Also in Attendance: Dan Kooken, Purchasing Manager
Captain E.Z. Paulson, NPD
Steven A. Bolton, Corporation Counsel
Lawrence Vogelman, Esq.

PUBLIC COMMENT - None

Mayor Donchess

Let the record show that Alderman Cookson is here.
COMMUNICATIONS

From: Dan Kooken, Purchasing Manager
Re: 2017 Ford Police Interceptor Utility Vehicle (Value: $37,109)

MOTION BY ALDERMAN SIEGEL TO ACCEPT, PLACE ON FILE AND AUTHORIZE THE PURCHASE
FROM M-H-Q MUNICIPAL VEHICLES IN THE AMOUNT OF $37,109. FUNDS ARE AVAILABLE IN
DEPARTMENT 150, NASHUA POLICE DEPARTMENT; CERF AND RISK CLAIMS ACCOUNT

ON THE QUESTION

Alderman O’Brien

Thank you Mr. Mayor. If | may direct my question to Mr. Kooken. Very pleased to see that some of this will
come from — this was a vehicle that evidently was totaled in the line of duty and in that regard, we’re sharing
the cost here which is going to help out CERF. Could Risk Claims Account could you just tell us a little bit
about that please.

Dan Kooken

The vehicle was insured and the payment from Risk is $8,025 of the total.

Mayor Donchess

Pardon my interruption but | want to record that Alderman Clemons is present as well.

Finance Committee - 9/6/2017 Page 2
Alderman O’Brien

| understand his answer if everybody heard it.

Alderman Siegel

So it comes out of Risk Claims Account but it’s paid out of an external insurance policy. We have a risk pool
that we use. It’s still coming out of city money.

Mayor Donchess

Yes.

Alderman Siegel

It was totaled but not by someone else who is going to assume liability?

Mayor Donchess
Right.

Alderman Siegel

Okay, thank you. That’s unfortunate.
MOTION CARRIED

From: Dan Kooken, Purchasing Manager
Re: 2018 Supervisor’s Ford Police Interceptor Utility Police Package Marked Vehicle and Equipment
(Value: $31,913)

MOTION BY ALDERMAN SIEGEL TO ACCEPT, PLACE ON FILE AND AUTHORIZE THE PURCHASE
FROM M-H-Q MUNICIPAL VEHICLES IN THE AMOUNT OF $31,913. SOURCE OF FUNDING IS
DEPARTMENT 150, NASHUA POLICE DEPARTMENT; CERF

ON THE QUESTION
Alderman O’Brien

Thank you Mr. Mayor. If! may ask a question. It has been noted of late in the news that some of the
interceptor vehicles have had some problems where exhaust has been coming into the compartment where
the officers are sitting and doing a majority of their work. | just want assurances just to make sure that we’re
aware of that. That the department has to be aware of that and particularly watch that particular vehicle and
make sure it doesn’t happen.

Captain E.Z. Paulson, NPD, Services Bureau Commander

Yes Sir. There are a number of different measures we’re taking to ensure the safety of everybody operating
those vehicles. First and foremost, our fleet maintenance personnel have been in contact with Ford and
there’s a couple of different service bulletins that have been apprised of. Going back 18 almost 24 months
regarding some exhaust issues and more recently in the news we’ve heard more about aftermarket vehicles.
We've worked in conjunction with MHQ and they have Ford engineers in this area working with other agencies
and insuring that there are no CO2 issues that one party or the other are responsible for. Ford has been very
gracious saying they would take care of all repairs whether it’s due to aftermarket stuff. Knock on wood, we
have not had any issues here in Nashua and we will continue to stay on top of that situation.

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

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.

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.

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

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?

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...