Search

Special Board of Aldermen 09-27-2021 Page 2

Director Kim Kleiner, Administrative Services

Good evening. Kim Kleiner, Administrative Services Director. So one piece of legislation is not tied to the other. The
first part of the legislation on the agenda is the transfer of $25,000 into Administrative Services and the transfer of
$5,000 into salaries and wages for Economic Development. That’s actually 164. 168 is the legislation that Director
Bagley is speaking to. They are not linked together but I’m happy to give you an overview of 164 the salaries and
wages.

Chairman Dowd

You're right. There are two different ones. | don’t know why they were combined. We'll address 164 first and then do
168 but we have both explanations.

Director Kim Kleiner, Administrative Services

Certainly.
Chairman Dowd
Relative to R-21-164.

Director Kim Kleiner, Administrative Services

This legislation is for a transfer of $25,000 into the Administrative Services salaries and wages of $25,000 and $5,000
into the salaries and wages for Economic Development.

President Wilshire

Was that Resolution 168?

Chairman Dowd

164. On the word document we got, they were combined under 168 and they should have been two — 164, and 168.
President Wilshire

Which one here is 168 and 169?

Alderman O’Brien

That’s true.

President Wilshire

That’s what’s on the agenda.

Director Kim Kleiner, Administrative Services

| believe 164 may come at Budget Review. | don’t believe that it requires a public hearing but I'll defer to Mr. Griffin.

John Griffin, CFO

Yes Mr. Chairman and members of the committee. | was just going to say it was never the intent for Resolution 164
to be a public hearing because it’s a transfer.

Chairman Dowd

Okay.

Special Board of Aldermen 09-27-2021 Page 3

John Griffin, CFO

We noticed it late this afternoon and tried to contact the legislative office but we thought we'd be able to explain it
here. So there really isn’t any need to have a agree and disagree for 164.

Chairman Dowd
So we only need a public hearing on 168 and 169?

John Griffin, CFO

Correct.
Chairman Dowd

So 168 was just described to us about the opioid abatement expendable trust fund that was explained by Director
Bagley. Okay. So on R-21-168 I'll take any testimony in favor.

PUBLIC HEARINGS
R-21-168
ESTABLISHING AN OPIOID ABATEMENT EXPENDABLE TRUST FUND FUNDED BY APPROPRIATIONS AND
MAKING A SUPPLEMENTAL APPROPRIATION OF $27,223.40 INTO THE EXPENDABLE TRUST FUND

TESTIMONY IN FAVOR - None
TESTIMONY IN OPPOSITION - None
TESTIMONY IN FAVOR - None
TESTIMONY IN OPPOSITION - None
Chairman Dowd closed the public hearing on Resolution R-21-168 at 7:09 p.m.
Chairman Dowd opened the public hearing on Resolution R-21-169 Authorizing the City of Nashua to Enter into an
Agreement and Consent to Joint Use with Liberty Utilities and Making a Supplemental Appropriation of $38,394. Who
is going to give us an overview of that?
Dan Hudson, City Engineer
| can do that Mr. Chair. So Dan Hudson, City Engineer. The city has a drainage and sewer easement which runs off
the end of Swart Terrace towards the railroad to the east. Liberty Utilities wishes to upgrade their gas service to that
neighborhood. They have a high pressure main along the railroad so they're seeking to co-exist in our easement for a
portion of it because where it comes to Swart Terrace is narrow.
Working with Legal, we’ve drafted an agreement with them. It involves them paying us to line one of our drainage
pipes which is in close proximity to this proposed gas line. Those linings are now good for 50 plus years, 75 years, or
something like that. So we’re comfortable with this co-existence and this easement area with a provision that that
lining occur. So the $38,394 that’s derived from our lining contract with our contractor, and their unit rates, and this is
no cost to the city. This is Liberty making that contribution in return for us granting this right to co-exist on our
easement.

Chairman Dowd

Any questions from any of the Aldermen on this Resolution? Seeing none, I'll open up the public hearing on R-21-
169.

Special Board of Aldermen 09-27-2021 Page 4

R-21-169

AUTHORIZING THE CITY OF NASHUA TO ENTER INTO AN AGREEMENT AND CONSENT TO JOINT USE
WITH LIBERTY UTILITIES AND MAKING A SUPPLEMENTAL APPROPRIATION OF $38,394

TESTIMONY IN FAVOR
Andrew Mills

My name is Andrew Mills. | work for Liberty Utilities. We're at 38 Bridge Street in Nashua. Just to kind of quickly
highlight the need for this easement. So we are trying to as we continue to work to replace our aging infrastructure in
the city, all of our cast iron that’s 100 plus years old, this easement will allow us to cross and continue that goal.
Without this easement, we won’t be capable of replacing over a 2,000 feet of old bear steel from the early 1960s and
some of it is from 1910. So this easement will allow us to replace some gas main before the city decides to pave
Swart Terrace either at the end of this year or early next year preventing future leaks under a brand new road and
helps our long-term goal of as | said replacing our aging infrastructure to allow all around allow a safer distribution
system in the City of Nashua. Thank you.

TESTIMONY IN OPPOSITION - None

TESTIMONY IN FAVOR - None

TESTIMONY IN OPPOSITION - None

Chairman Dowd closed the public hearing on Resolution R-21-169 Authorizing the City of Nashua to Enter into an
Agreement and Consent to Joint Use with Liberty Utilities and Making a Supplemental Appropriation of $38,394 at
7:13 p.m.

ADJOURNMENT

MOTION BY ALDERWOMAN O’BRIEN THAT THE SEPTEMBER 27, 2021, SPECIAL MEETING OF THE BOARD
OF ALDERMEN BE ADJOURNED, BY ROLL CALL

A viva voce roll call was taken to adjourn the Board of Aldermen meeting which resulted as follows:
Yea: Alderman O’Brien, Alderwoman Kelly, Alderman Dowd, Alderman Caron,

Alderman Clemons, Alderman Tencza, Alderwoman Lu, Alderman Jette,

Alderman Cleaver, Alderman Harriott-Gathright, Alderman Wilshire 11
Nay: 0
MOTION CARRIED

The meeting was declared adjourned at 7:14 p.m.

Attest: Allison Waite, Deputy City Clerk

SPECIAL BOARD OF ALDERMEN
SEPTEMBER 27, 2021

7:00 PM Aldermanic Chamber and via Zoom

Join Zoom Meeting: https://usO2web.zoom.us/j/83472411294?pwd=eDIijVi9weD VXWXIRQzhtRHRXQkRXUTOY
Meeting ID: 834 7241 1294 Passcode: 044143

Join by telephone: 1-929-205-6099
Meeting ID: 834 7241 1294 Passcode: 044143

If anybody has a problem accessing the meeting via phone or Channel 16, please call 603-589-3329 and they will help you
connect.

PRESIDENT LORI WILSHIRE CALLS ASSEMBLY TO ORDER

PRAYER OFFERED BY CITY CLERK SUSAN K. LOVERING
PLEDGE TO THE FLAG LED BY ALDERMAN JAN SCHMIDT
ROLL CALL

PUBLIC HEARINGS

R-21-168
RELATIVE TO THE TRANSFER OF $30,000 FROM ACCOUNT 70100 “GENERAL CONTINGENCY”
TO ACCOUNTING CLASSIFICATION 51 “SALARIES & WAGES” IN ADMINISTRATIVE SERVICES
($25,000) AND ECONOMIC DEVELOPMENT ($5,000) FOR THE PURPOSE OF FUNDING SALARIES
ESTABLISHING AN OPIOID ABATEMENT EXPENDABLE TRUST FUND FUNDED BY
APPROPRIATIONS AND MAKING A SUPPLEMENTAL APPROPRIATION OF $27,223.40 INTO THE
EXPENDABLE TRUST FUND

Testimony in Favor
Testimony in Opposition
Testimony in Favor

Testimony in Opposition

R-21-169

AUTHORIZING THE CITY OF NASHUA TO ENTER INTO AN AGREEMENT AND CONSENT TO
JOINT USE WITH LIBERTY UTILITIES AND MAKING A SUPPLEMENTAL APPROPRIATION OF
$38,394

Testimony in Favor
Testimony in Opposition
Testimony in Favor

Testimony in Opposition

ADJOURNMENT

R-21-168

RESOLUTION

ESTABLISHING AN OPIOID ABATEMENT EXPENDABLE TRUST FUND FUNDED
BY APPROPRIATIONS AND MAKING A SUPPLEMENTAL APPROPRIATION OF
$27,223.40 INFO THE EXPENDABLE TRUST FUND

CITY OF NASHUA

In the Year Two Thousand and Twenty-One

RESOLVED by the Board of Aldermen of the City of Nashua that pursuant to RSA
31:19-a, the City of Nashua hereby establishes an opioid abatement expendable trust fund, for
the purpose of accepting payments from the New Hampshire Opioid Abatement Trust Fund used
for all opioid-related settlement funds or judgments.

Funds will be used in accordance with RSA 126-A:86 I (1) through (14) for the
intervention, treatment, and recovery services related to opioid use disorder.

The Mayor is appointed as the agent to expend. Any balance remaining in the
expendable trust fund at each fiscal year end will not lapse or be closed out to the General Fund,
but will remain in this expendable trust fund.

FURTHERMORE, BE IT RESOLVED by the Board of Aldermen of the City of
Nashua to appropriate $27,223.40 of Fiscal Year 2021 unanticipated revenue from Department
#118 “Other General Government”, Accounting Classification #43 “Intergovernmental
Revenue”, Account #43594 “Opioid Litigation Funds” into this new opioid abatement
expendable trust fund, which represents a recently received payment from the State of New
Hampshire from the State Trust Fund noted above.

LEGISLATIVE YEAR 2021

RESOLUTION: R-21-168
PURPOSE: Establishing an opioid abatement expendable trust fund

funded by appropriations and making a supplemental
appropriation of $27,223.40 into the expendable trust fund

SPONSOR(S): Mayor Jim Donchess

COMMITTEE
ASSIGNMENT: Budget Review Committee
FISCAL NOTE: Establishes a restricted fund to account for appropriations

designated for a specific purpose. Supplemental appropriation
of money received by the City for this purpose.

ANALYSIS

This legislation establishes a non-lapsing opioid abatement expendable trust fund, funded by
appropriations, to be used for the purposes listed in the legislation. RSA 31:19-a, I provides
for an annual accounting and report of the activities of the trust.

This legislation also appropriates $27,223.40 of FY2021 unanticipated revenue from Other
General Government — Intergovernmental Revenue — Opioid Litigation Funds into the new
expendable trust fund. This money is a recently received payment from the New Hampshire
Opioid Abatement Trust Fund used for all opioid-related settlement funds or judgements. The
City anticipates future payments from the State, which will also be appropriated into this
expendable trust fund. The time span of receiving these payments can be up to 18 years.

Charter Sec. 53 permits specific non-budget, supplementary appropriations. There should be
notice and a public hearing. A two-thirds vote is required under Charter Sec. $6-b for an item or
amount not in the mayor’s budget. A roll call is required under Charter Sec. 49.

Approved as to account Financial Services Division
structure, numbers, .
and amount: By: /s/David G. Fredette

Approved as to form: Office of Corporation Counsel
By: | Bul
Date: « Sepwniee Zon

R-21-169

RESOLUTION

AUTHORIZING THE CITY OF NASHUA TO ENTER INTO AN AGREEMENT AND
CONSENT TO JOINT USE WITH LIBERTY UTILITIES AND MAKING A
SUPPLEMENTAL APPROPRIATION OF $38,394

CITY OF NASHUA

In the Year Two Thousand and Twenty-One

RESOLVED by the Board of Aldermen of the City of Nashua that the City is authorized
to enter into an Agreement and Consent to Joint Use with Liberty Utilities in substantially the
same form as the attached.

FURTHER RESOLVED that the Mayor, with the assistance of the Office of Corporation
Counsel, is authorized to take all necessary actions and prepare and execute the Agreement and
Consent to Joint Use and all documents contemplated by, or related or required to effectuate the
Agreement and Consent to Joint Use.

FURTHER RESOLVED to appropriate $38,394.00 of FY2022 unanticipated revenue
from Department #160 “Public Works Administration & Engineering”, Account #45999
“Miscellaneous Revenue” into Department #160 “Public Works Administration & Engineering,
Account #54210 “Construction Services”. This represents a one-time payment from Liberty
Utilities to cover the City’s cost to reline the existing drain line in the area of 39 Swart Terrace,
where the new gas main will be installed.

IE Liberty’

August 13, 2021

City of Nashua — Engineering Department
ATTN: Daniel Hudson, P.E.

9 Riverside Street

Nashua, NH 03062

RE: Agreement and Consent to Joint Use (off Swart Terrace)

Dear Mr. Hudson,

As discussed, and subject to the City of Nashua’s approval of the “Agreement and
Consent to Joint Use” for 39 Swart Terrace, Nashua, Liberty agrees to compensate the City of Nashua
in the amount of $38,394.00. This one-time payment reflects the City’s cost to reline the existing drain
line in the area where the new gas main will be installed, parallel to the existing drain line within the
above lot.

Liberty will provide this payment in the form of a check prior to the installation of the new gas
main.

Sincerely,

Tracy Musto

Manager, Gas Operations — Construction
Liberty Utilities

After recording return to:
Erica O'Sullivan

Liberty Utilities

9 Lowell Road

Salem, NH 03079

AGREEMENT AND CONSENT TO JOINT USE

AGREEMENT made this day of , 2021 by and between the City of
Nashua, New Hampshire, a New Hampshire municipal corporation, with a business address of
229 Main Street, Nashua, New Hampshire 03061 and a mailing address c/o Dan Hudson, City
Engineer, 9 Riverside Street, Nashua, NH 03062 (hereinafter referred to as NASHUA) and
LIBERTY UTILITIES (ENERGYNORTH NATURAL GAS) CORP., a New Hampshire
corporation, having its principal place of business at 15 Buttrick Road, Londonderry, New
Hampshire 03053 (hereinafter referred to as LIBERTY);

WITNESSETH THAT

WHEREAS NASHOA acquired certain temporary and permanent easement rights over
premises in Nashua described as Parcel 12, Sheet 12 as shown on the plans entitled “Sewer
Easement Plans, North Merrimack River Interceptor II”, dated August 6, 1969 and October 12,
1973, Hamilton Engineering Associates, Inc., recorded with the Hillsborough County Registry of
Deeds as Plan #8074, by deed of Dudley Orr, Trustee under the will of Kathleen W. Connell and
Sylvia Spalding, dated January 21, 1975 and recorded in the Hillsborough County Registry of
Deeds in Book 2387, Page 354 (hereinafter the “Sewer and Drainage Easement”) which are
essential to its sewer and drainage operations in Nashua.

WHEREAS the third paragraph of the Sewer and Drainage Easement states, in part,
“The permanent easement shall remain free from construction of any encumbrances either within
or over the easement”.

WHEREAS the fifth paragraph of the Sewer and Drainage Easement states, “Both
temporary and permanent easements shall also include in the City of Nashua the right and
privilege to remove natural and man-made obstructions which interfere with the location,

1.

construction, maintenance, replacement and operation of said sewer, embankments, drainage
structures, slope protection and appurtenant facilities”.

WHEREAS the property encumbered by the Sewer and Drainage Easement is located at
39 Swart Terrace and is currently owned in fee by Michael Richard Paradis and Melania Marcu
(the “OWNERS’) by virtue of a deed dated August 17, 2020 and recorded with the Hillsborough
County Registry of Deeds in Book 9335, Page 1819.

WHEREAS LIBERTY desires to obtain from the OWNERS, and OWNERS are
desirous of granting to LIBERTY, a ten (10) foot wide easement (the “Gas Easement Area’)
over their property located at 39 Swart Terrace (“Property”) for the installation of a gas line, a
portion of which will cross the Sewer and Drainage Easement. said gas easement being shown
on a Plan entitled: Easement Plan for Liberty Utilities in Nashua New Hampshire (Hillsborough
County), 39 Swart Terrace, Map 48 Lot 27 over the land of: Michael R. Paradise & Melania
Marcu, June 17, 2021, and recorded in the Hillsborough County Registry of Deeds as Plan
# __ (the “LIBERTY Easement Plan”).

WHEREAS LIBERTY wishes to enter into an agreement with NASHUA to allow
LIBERTY the right to install, maintain, repair and replace a gas line in a portion of the Sewer
and Drainage Easement as depicted on the LIBERTY Easement Plan, and to be installed at teast
five (5) feet north of the existing sewer line (the “Encroachments”).

NOW THEREFORE, the parties hereby agree as follows:

l. NASHUA agrees and consents to the construction and maintenance of the
Encroachments and use of a portion of the Sewer and Drainage Easement by LIBERTY as
shown on the LIBERTY Easement Pian; such consent is not to be deemed a waiver of any of its
rights under the Sewer and Drainage Easement.

2. NASHUA and LIBERTY agree to use their best efforts to cooperate in said joint
use and to use their best efforts to provide each other, when requested, with engineering and
surveying plans, maps or information necessary or helpful in locating or determining rights of
the other.

3. NASHUA and LIBERTY agree to provide notification to each other prior to
beginning construction and/or performing any maintenance within the Sewer and Drainage
Easement.

4, LIBERTY agrees that in the event that NASHUA ever determines, in its sole
discretion, it is necessary to construct, maintain, repair, remove, relocate or replace any
NASHUA facilities within or to be placed within the Sewer and Drainage Easement, and should
such work require the permanent or temporary relocation of the Encroachments in whole or
part, NASHUA shall provide at least one (1) year’s prior written notice to LIBERTY and such
relocation shall be done by LIBERTY or its agents or subcontractors at the sole cost and
expense of LIBERTY. Notwithstanding the foregoing, if an emergency situation precipitates the
need for such relocation, then NASHUA shall notify LIBERTY immediately and the parties shall