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AMOUNT OF TWO MILLION SEVEN HUNDRED THOUSAND DOLLARS ($2,700,000) FOR VARIOUS
IMPROVEMENTS AT THE SOLID WASTE DEPARTMENT FOUR HILLS LANDFILL AND THE
PURCHASE OF TWO REFUSE TRUCKS

e Budget ReviewCommittee Recommends: Final Passage

¢ Board of Public Works Recommends: Positive Recommendation

R-21-107

Endorsers: Mayor Jim Donchess

Alderman Richard A. Dowd

Alderman Thomas Lopez

Alderman Patricia Klee
Alderman-at-Large Michael B. O’Brien, Sr.
Alderman Linda Harriott-Gathright
Alderman Skip Cleaver
Alderman-at-Large Ben Clemons
Alderman-at-Large Lori Wilshire

AUTHORIZING THE MAYOR AND CITY TREASURER TO ISSUE BONDS NOT TO EXCEED THE
AMOUNT OF FIVE MILLION ONE HUNDRED FIFTY THOUSAND DOLLARS ($5,150,000) FOR THE
CITY’S SEWER INFRASTRUCTURE PROGRAM

e Budget ReviewCommittee Recommends: Final Passage
e Board of Public Works Recommends: Positive Recommendation

R-21-108

Endorsers: Mayor Jim Donchess

Alderman Thomas Lopez

Alderman Linda Harriott-Gathright
Alderman Richard A. Dowd

Alderman Jan Schmidt
Alderman-at-Large Michael B. O’Brien, Sr.
Alderman Skip Cleaver
Alderman-at-Large Ben Clemons
Alderman Patricia Klee
Alderman-at-Large Lori Wilshire

APPROVING THE COST ITEMS OF A COLLECTIVE BARGAINING AGREEMENT BETWEEN THE
BOARD OF PUBLIC WORKS OF THE CITY OF NASHUA, NEW HAMPSHIRE AND LOCAL 365 OF THE
AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, AFL-CIO (“AFSCME”)
FROM JULY 1, 2017 THROUGH JUNE 30, 2023 AND AUTHORIZING RELATED TRANSFERS

e Budget Review Committee Recommends: Final Passage

R-21-109

Endorsers: Mayor Jim Donchess

Alderman Patricia Klee
Alderman-at-Large Michael B. O’Brien, Sr.
Alderman Jan Schmidt

Alderman Linda Harriott-Gathright
Alderman Skip Cleaver
Alderman-at-Large Lori Wilshire

AUTHORIZING ISSUING OF BUILDING PERMITS ON OLD HARRIS ROAD, A CLASS VI HIGHWAY
e Pennichuck Water Special Committee Recommends: Final Passage
e Nashua Planning Board Recommends: Favorable Recommendation

R-21-110
Endorsers: Mayor Jim Donchess
Alderman-at-Large Michael B. O’Brien, Sr.
Alderman Patricia Klee
Alderman Linda Harriott-Gathright
Alderman Skip Cleaver
Alderman Richard A. Dowd
AUTHORIZING THE MAYOR TO ENTER INTO A FIRST AMENDMENT TO CONCESSION
AGREEMENT WITH GRANITE DIAMOND, LLC

e Finance Committee Recommends: Final Passage

R-21-113

Endorsers: Alderman-at-Large Ben Clemons
Alderman Thomas Lopez
Alderman-at-Large Michael B. O’Brien, Sr.
Alderman Skip Cleaver
Alderman Jan Schmidt
Alderman Richard A. Dowd
Alderman Patricia Klee
Alderman Linda Harriott-Gathright

AUTHORIZING THE MAYOR TO ENTER INTO A FIRST AMENDMENT TO THE 14 COURT STREET

LEASE FOR UNIT B WITH LIQUID THERAPY, LLC

e Finance Committee Recommends: Final Passage

UNFINISHED BUSINESS — ORDINANCES

O-20-043, Amended
Endorsers: Alderman Richard A. Dowd
Alderman Patricia Klee
AUTHORIZING STOP SIGNS ON HILL STREET AT ITS INTERSECTION WITH DARTM OUTH STREET

e Committee on Infrastructure Recommends: Final Passage as amended

O-20-044
Endorser: Alderman Thomas Lopez
RELATIVE TO A BAN ON CERTAIN INDOOR ACTIVITIES FOR CERTAIN BUSINESSES STARTING AT
9:30 PM
e Tabled at Full Board — 12/22/2020

NEW BUSINESS — RESOLUTIONS

R-21-114
Endorser: Mayor Jim Donchess
RELATIVE TO THE ACCEPTANCE AND APPROPRIATION OF $100,000 FROM THE STATE OF NEW
HAMPSHIRE DEPARTMENT OF HEALTH AND HUMAN SERVICES INTO PUBLIC HEALTH AND
COMMUNITY SERVICES GRANT ACTIVITY “FEMA VACCINATION RESPONSE GRANT”

R-21-115
Endorsers: Alderman-at-Large Lori Wilshire
Alderman Richard A. Dowd
APPROVING THE COST ITEMS OF SIDEBAR AGREEMENTS BETWEEN THE NASHUA POLICE
COMMISSION AND THE NASHUA POLICE PATROLMAN’S ASSOCIATION AND THE NASHUA
POLICE COMMISSION AND THE NASHUA POLICE SUPERVISOR’S ASSOCIATION REGARDING
MILITARY LEAVES OF ABSENCE

R-21-116
Endorser: Mayor Jim Donchess
ESTABLISHING AN EXPENDABLE TRUST FUND FOR APPROPRIATIONS FOR THE BUSINESS
AND INDUSTRIAL DEVELOPMENT AUTHORITY

R-21-117
Endorser: Alderman Richard A. Dowd
AMENDMENT TO R-20-083 “AUTHORIZING THE ACQUISITION OF PROPERTY AT 36
BUCKMEADOW ROAD, TAX MAP C, LOT 762, FOR A PURCHASE PRICE OF $370,000”

NEW BUSINESS — ORDINANCES

O-21-046
Endorser: Alderman Ernest Jette
CHANGING THE STARTING TIME OF REGULAR MEETINGS OF BOARD OF ALDERMEN

O-21-047
Endorser: Alderman-at-Large Ben Clemons
TEMPORARILY CHANGING THE DOWNTOWN IMPROVEMENTS FUNDING PLAN

O-21-048
Endorser: Mayor Jim Donchess
AMENDING THE RESIDENTIAL DISTRICTS ORDINANCE WITH RESPECT TO RESIDENTIAL
DRIVEWAYS

Q-21-049
Endorser: Mayor Jim Donchess
AMENDING THE CONSERVATION SUBDIVISIONS SUPPLEMENTAL USE REGULATIONS

O-21-050
Endorsers: Mayor Jim Donchess
Alderman-at-Large Ben Clemons
Alderman-at-Large Michael B. O’Brien, Sr.
RELATIVE TO TEMPORARY ROAD CLOSURES AND ELIMINATION OF CERTAIN ON-STREET
PARKING FOR USE BY RESTAURANTS FOR OUTDOOR DINING IN 2021

Q-21-051
Endorsers: Mayor Jim Donchess
Alderman-at-Large Ben Clemons
Alderman-at-Large Michael B. O’Brien, Sr.
RELATIVE TO TEMPORARY 15-MINUTE PARKING IN 2021

O-21-052

Endorser: Alderman Linda Harriott-Gathright

AUTHORIZING A STOP SIGN ON COVEY ROAD AT ITS INTERSECTION WITH RIDGE ROAD
PERIOD FOR GENERAL PUBLIC COMMENT
REMARKS BY THE MEMBERS OF THE BOARD OF ALDERMEN

Committee announcements:

ADJOURNMENT

Recognition

Celebrating Kathy Hersh

Whereas Nashua is a community of many wonderful, kind, giving citizens. Among
them is Kathy Hersh. Kathy has put her heart into Nashua through
volunteerism and civic service. From her work with the arts, serving on
the city’s Board of Aldermen and NH Rail Transit Authority to the
Nashua Regional Planning Commission and the Nashua Conservation
Commission, she continually dedicates herself to our community; and

Whereas Kathy is most known in our community for her work with the arts. As a
founder of the Nashua International Sculpture Symposium, Kathy helped
the arts come alive in our city. Over the past 14 years, the symposium
brings sculptors of international acclaim to Nashua and year after year
leaves us with beautiful, thought-provoking public art; and

Whereas Nashua is the only city in the country that has an annual international
sculpture symposium. The event affords residents and visitors the
chance to experience art in a unique way — people get to watch the
sculptors work in real time and the sculptors find new inspiration in our
community. It’s thanks to Kathy, the hard work by many in Nashua’s
arts scene, grants, sponsorships and fundraising efforts that makes this
special event possible; and

Whereas Kathy’s many accolades include New Hampshire Citizens for the Arts
2018 Advocate of the Year, the 1991 Conservation Hero of the Year by
the Nashua River Watershed Association and in 2013, the City of Nashua
designated the Kathy Hersh Riverwalk;

Row,
Wherefore: I, Jim Donchess, MAYOR OF THE CITY OF NASHUA, NEW
HAMPSHIRE, do hereby recognize Kathy Hersh as a special Nashua
citizen. Thank you for everything Kathy!

Jim Donchess, Mayor
City of Nashua, New Hampshire

City of Nashua

Planning Department
229 Main Street
Nashua, New Hampshire 03061-2019

Planning & Zoning 603 589-3090
WEB www.nashuanh.gov

MEMORANDUM

Date: January 21, 2021

To: Ald. Lori Wilshire, President, and Board of Aldermen
Ald. Brandon Michael Laws, Chair and Pennichuck Special Water
Committee

From: Matthew Sullivan, Planning Manager

RE: Referral from the Board of Aldermen on proposed R-21-109 Authorizing
Issuing of Building Permits on Old Harris Road, a Class VI Highway.

At the Nashua City Planning Board's specially scheduled meeting of January 21,
2021 the Planning Board voted unanimously to make a favorable recommendation
on R-21-109, authorizing the issuance of a building permit for the construction of
the Pennichuck Solar Array with a sole access via Old Harris Road, a Class VI road
pursuant to RSA 674:41, as shown on the plans approved by the Planning Board on
November 5, 2020, as amended to the date of that approval. The Board finds there
is no anticipated impact to City services, that the proposal does not encourage
scattered and premature development, AND conditions the recommendation upon
the requirement that a release of municipal liability and responsibility, be signed by
any owner(s) requesting a building permit on Old Harris Road, with such release(s)
to be recorded at HCRD by the owner prior to the issuance of any building permit.

If you have any questions concerning this notification, please contact me at 589-
3112.

cc: | Mayor Jim Donchess
Donna Graham, Legislative Assistant
Susan Lovering, City Clerk
Scott LeClair, Chair, NPCB
Sarah Marchant, Community Development Director

/ Community Development 589-3095

City of Nashua Planning and Zoning 589-3090

. sone Building Safety 589-3080
Community Development Division Code Enforcement 589-3100
City Hall, 229 Main Street, PO Box 2019 Ce rans mission Bo-at08
Nashua, New Hampshire 03061-2019 Transportation 880-0100
www.nashuanh.gov FAX 589-3119

Date: January 15", 2021
To: Planning Board
From: Matt Sullivan, Planning Department Manager

Memorandum: R-21-109, Class VI Road Building Permit Request for Pennichuck Solar Array, Old Harris Road,
Tax Maps 52-(1, 7,14, 23, 24, 28, 39, 49, 61, 65, 81, 82, 85, 96, 97, 104, 118)

Board Members:

This memorandum is intended to provide background information related to the Pennichuck Solar Array
project on Old Harris Road and the request, via Resolution R-21-109, for approval of a building permit on a
Class VI Road pursuant to NH RSA 674:41.

The Nashua Planning Board approved the Pennichuck Solar Array Site Plan Review application on
November 5th, 2020. The approval was granted conditionally and included a stipulation requiring that the
applicant provide a letter documenting the status of the site’s exclusive access road, Old Harris Road. The
finding of that letter, attached and prepared by Attorney Nicolas Frasca, is that “Old Harris Road satisfies the
definition under the statute as a Class VI road for which the City would have no duty to maintain’. Further, it
does not appear that the road appears on any subdivision approved by the City of Nashua Planning Board.

New Hampshire RSA 674:41 states that no building permit shall be issued for projects on a Class VI
highway, unless:

1. The local governing body after review and comment by the planning board has voted to authorize the
issuance of building permits for the erection of buildings on said class VI highway or a portion thereof;
and

2. The municipality neither assumes responsibility for maintenance of said class VI highway nor liability for
any damages resulting from the use thereof; and

3. Prior to the issuance of a building permit, the applicant shall produce evidence that notice of the limits of
municipal responsibility and liability has been recorded in the county registry of deeds.

The proposed construction of the solar panels approved by the Planning Board requires a Building Permit
from the City of Nashua per NH RSA 155-A, the 2015 IBC Section 105.1 Permits Required, and City of
Nashua NRO’s 105-1,6,7,8 AND 190-264.

As a result, the building permit requires Board of Alderman approval, via Resolution, and comment via
referral of that Resolution, from the Planning Board. When considering the request, the Planning Board and
Board of Aldermen should primarily consider whether safe and suitable access can be ensured to the site
without expansion of City liability and/or encouraging scattered and premature development. Please note
that the proposed development is not expected to require any modifications to Old Harris Road and the
property owner recognizes that any such improvements would require additional approval.

If approved by the Board of Aldermen, the Owner will be required to sign and record an Agreement and
Release document (included within the Resolution document), which delineates several conditions, including
a 20’ road width maintenance requirement to ensure safe and suitable year-round access. This Agreement
and Release also releases the City from liability for maintenance of the road.

Per the attached e-mail from Fire Marshal Adam Pouliot, the Fire Department has reviewed the proposed
project and concurs with the proposed 20’ road maintenance requirement and approves of the proposed
access.

In considering the request/recommendation for building approval, the Board should analyze this request in
the context of the following criteria:

Road Condition — Does the road have adequate width, drainage, and grade to accommodate the
proposed development? The Engineering Department reviewed the project via the Planning Board
application and did not indicate concerns with the road condition. The Fire Department has
confirmed that the existing road provides adequate access for fire protection purposes.

2. Conditions of Connecting Roads — Are the roads leading to the Class VI adequately constructed to
handle increased traffic? The roads leading to the Class VI road, specifically Manchester Street and
Ferry Road are Class V, City-maintained streets, and provide adequate access.

3. Effects on City Services — Will the contemplated development result in a need for increased police,
fire/rescue, water, sewer and electric services?

4. ls issuance of the permit likely to result in an “occasion” to lay out the road as a Class V road? Provided
that an Agreement and Release is signed and recorded, there does not appear to be any occasion
to lay out the road.

5. How will the proposed development affect neighboring properties and how well does the proposed
development “fit” in to the general growth/development patterns in the Town? The project was
favorably reviewed by the Planning Board and conditionally approved on 11/5/2020. Therefore, the
project is compatible with the Master Plan, development requlations, and planning and orderly
development of the community.

6. Will the issuance of said building permit tend to distort the City’s street map or Master Plan? See above.

7. Will the issuance of said building permit place a new financial burden on the City with regard to the

maintenance and repair of required infrastructure (i.e. cutting/clearing, electric, drainage, roads, etc.)?

The project will require the installation of underground electric within the Old Harris Road Right-

Of-Way. However, this work will be completed by the private property owner (or their agent) and

ongoing maintenance will not be required by the City. The owner, via the Aqreement and Release,

will be required to perform required maintenance of the street.

Should the Board be prepared to proceed with a motion, the Planning Department recommends
consideration of the following action:

Motion to recommend approval of Resolution R-21-109, authorizing the issuance of a building permit
for the construction of the Pennichuck Solar Array with a sole access via Old Harris Road, a Class VI
road pursuant to RSA 674:41, as shown on the Plans approved by the Planning Board on November
5%, 2020, as amended to the date of that approval. The Board finds there is no anticipated impact to
City services, that the proposal does not encourage scattered and premature development, AND
conditions the recommendation upon the requirement that a release of municipal liability and
responsibility, be signed by any owner(s) requesting a building permit on Old Harris Road, with such
release(s) to be recorded at HCRD by the owner prior to the issuance of any building permit.

lam available to answer any questions related to this request should the Board or public have them.
Thank you,
Matt Sullivan, Planning Department Manager

cc:
Sarah Marchant, Community Development Director
Celia K. Leonard, Esq., Deputy Corporation Counsel

G62) THE CITY OF NASHUA

"The Gate City"
Division of Public Works
Administration
Memorandum
To: Board of Aldermen Vee
\

From: Lisa M. Fauteux, Director of Public Works
Date: January 29, 2021
RE: Referrals from Board of Aldermen — R-21-106 and R-21-107

Please be advised that the Board of Public Works met on January 28, 2021 and voted to provide
the Board of Aldermen with positive recommendations for proposed resolutions R-21-106 and
R-21-107.

9 Riverside Street » Nashua, New Hampshire 03062 » Phone (603) 589-3140 + Fax (603) 589-3169

City of Nashua

Administrative Services Division

(603) 589-3020
229 Main Street - Nashua, NH 03060

To: Mayor Jim Donchess
Board of Aldermen

From: Kim Kleiner, Director of Administrative Services
Date: February 2, 2021

Re: Court Street Theater

Attached is a comprehensive overview of the Court Street Theater which includes three years
of financials and a report on the overall property condition. The theater is maintained and
operated by departments within the Administrative Services Division.

The overview will provide a summary of the services and responsibilities required in the
management of the property. A list of completed projects from 2010 thru 2020 concludes with
the most recent, a fire suppression system and fire alarm panel upgrades.

A request for proposals for a roof replacement has been submitted to Purchasing and we
expect the project to begin in the spring of 2021.

During FY19, FY20 and projected for FY21, the expenses associated with the maintenance and
utilities for the building exceeds the revenue generated by rentals. During the COVID19
pandemic, the Court Street was closed to tenants from March thru August. The Court Street
theater remains closed for performances and is periodically reviewed for re-opening based
upon CDC, state and city guidelines.

The Administrative team is available to answer any questions or review any data with the Board
at your request.

Overview — Court Street Theater

January 26, 2021

The Court Street Theater falls under the directive of the Administrative Services Division —

The Building Maintenance Department performs an array of maintenance and cleaning tasks directly related to
the interior of the building as well as the exterior envelope and surrounding grounds.

The Grant Writer pursues grant opportunities that would apply to the theater.

The Risk Management Department oversees reservations for the theater, collection of associated rental fees
and oversight of monthly rental payments from tenants. Environmental, health and safety walk-throughs
including periodic building inspections are also conducted. Risk Management chairs the tenant meeting, which
occurs once every other month and is used as a tool to communicate and discuss any concerns, proposed
changes, ongoing construction, general upkeep and current events.

Current Tenants & Rates

$250.00 $125.00
Peacock Players Various Artists (Currently 6 of 9 occupied)
Symphony NH
Carey & Henderson Vocal Studios $1.00 (Contract year 3 of 5)
Liquid Therapy

Services Performed

Custodial

Cleaning of restrooms, theater space and common areas — scheduled, pre/post rental
Restocking of supplies — scheduled, pre/post rental

Trash collection and removal — grounds, common areas

General sanitization — grounds, common areas

Buildings & Grounds Maintenance

Energy Management System — set schedules, temperature set points, investigate alarms
HVAC Preventive maintenance — filters, belts

Electrical trouble shooting and repairs

Plumbing trouble shooting and repairs

Exterior lighting maintenance

Security maintenance — locksets, exterior doors

Life safety systems — test, inspection, repair

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