Search

RESOLUTION:

PURPOSE:

SPONSOR(S):

COMMITTEE
ASSIGNMENT:

FISCAL NOTE:

LEGISLATIVE YEAR 2021
R-21-166

Relative to the approval of an updated New Hampshire
Department of Transportation Project Agreement and
acceptance and appropriation of federal aid surface
transportation funds from the State of New Hampshire for the
purpose of improving the existing signalized intersection where
East Hollis Street and Canal Street meet Bridge Street

Mayor Jim Donchess

Committee on Infrastructure
Human Affairs
Board of Public Works

No City match would be required if the total project cost is at or
below $3,661,000. A 20% City match would be required if the
total project cost is above $3,661,000 and up to $4,576,250. The
20% match on the potential matching amount of $915,250 would
be $183,050. This amount has been appropriated as part of the
FY2022 Adopted Budget ~ Capital Improvements. Finally, a 50%
City match would be required if the total project cost is above
$4,576,250. Such required matching funds would be funded as
part of future adopted budgets.

ANALYSIS

This resolution authorizes the Mayor to enter into the attached New Hampshire Department of
Transportation Project Agreement tor the purpose of improving the existing signalized
intersection where East Hollis Street and Canal Street mect Bridge Street and accept and
appropriate grant funding as described. If the grant appropriation in the FY 22 budget was
intended to include this funding, this funding does not need to be appropriated again. The grant
agreement requires the City to provide for subsequent maintenance of all project elements,

together with maintenance of
This project is in the FY2022

sidewalks, which includes winter snow and ice removal.
Capital Improvements Program. This resolution should be referred

to the Board of Public Works.

Approved as to account
structure, numbers,
and amount:

Approved as to form:

Financial Services Division

By: /s/ David G. Fredette

Office of Corporation Counsel

by: \opwke (pte
Date: 1 Se fen doen Q0W

R-21-167

RESOLUTION

RELATIVE TO THE ACCEPTANCE OF $16,138,777 FROM THE CORONAVIRUS
STATE AND LOCAL FISCAL RECOVERY FUNDS “SLFRF” PROGRAM
ESTABLISHED BY THE AMERICAN RESCUE PLAN ACT “ARPA” TO COVER
ELIGIBLE EXPENSES AND/OR REVENUE REPLACEMENT IN RESPONDING TO
COVID-19 IMPACTS

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 of Nashua is
authorized to accept $16,138,777 from the Coronavirus State and Local Fiscal Recovery Funds
“SLFRF” Program established by the American Rescue Plan Act “ARPA” for the purpose of
covering cligible expenses and/or revenue replacement in response to the economic and public
health impacts of COVID-19. No local match is required. The Mayor is authorized to enter into
any grant agreement or other documents necessary to further the purposes hereof.

LEGISLATIVE YEAR 2021

RESOLUTION: R-21-167
PURPOSE: Relative to the acceptance of $16,138,777 from the Coronavirus

State and Local Fiscal Recovery Funds “SLFRF” Program
established by the American Rescue Plan Act “ARPA” to cover
eligible expenses and/or revenue replacement in responding to
COVID-19 impacts

SPONSOR(S): Mayor Jim Donchess

COMMITTEE

ASSIGNMENT: Human Affairs Committee

FISCAL NOTE:
Fiscal impact is $16,138,777 grant to be used for a specific

purpose. No local match is required. The grant began on March 3,
2021 and ends on December 31, 2024. Funds committed prior to
December 31, 2024 can be expended through December 3 1, 2026.

ANALYSIS

This resolution authorizes the acceptance of $16,138,777 from the Coronavirus State and Local
Fiscal Recovery Funds “SLFRF” Program established by the American Rescue Plan Act
“ARPA” for the purpose of covering eligible expenses and/or revenue replacement in response to
the economic and public health impacts of COVID-19. No local match ts required. There are
restrictions on how the grant funds can be used, including some specific ineligible uses.

The $16,138,777 SLFRF grant amount will be distributed to the City of Nashua in two
installment payments from the United State Treasury. The tirst installment payment of
$8,069,388.50 was received during May 2021. The second installment 1s expected to be received
during May 2022. It is anticipated that one use of the funding will be to use $1,200,000 for
revenue replacement in the Nashua School District’s Food Services Special Revenue Fund as of

June 30, 2021.

Approved as toaccountnumber Financial Services Division
and/or structure, and

amount: By: /s/ David G. Fredette
Approved as to form: Office of Corporation Counsel

0 es Qo. Ste
Date: 1 Septende. PDA

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

cooperate in good faith to agree upon a timeline for LIBERTY to complete such relocation,
which shall in all events be as soon as is reasonably possible under the circumstances. If any
relocation of the Encroachments shall be necessary, NASHUA shall provide an alternative
location for the Encroachments within the Gas Easement Area, subject to LIBERTY’s approval,
not to be unreasonably withheld, conditioned or delayed. All notices sent to LIBERTY pursuant
to this Agreement shall be directed to the following address:

Liberty Utilities (EnergyNorth Natural Gas) Corp.
ATTN: Gas Engineering

130 Elm St

Manchester, NH 03101

5. This agreement shall be binding upon and inure to the benefit of the parties and
their heirs, successors, legal representatives, and assigns. This agreement shall run with the title
to the Property.

6. LIBERTY hereby agrees to indemnify and hold NASHUA harmless from and
against any and all liabilities, damages, claims, costs and expenses, including reasonable
attorney’s fees and court costs, which may be imposed upon or asserted against NASHUA
arising from or in any way connected with. the Encroachments or arising in any way from
this agreement, except to the extent the same arise from the negligence or willful misconduct of
NASHUA, its agents, employees or contractors.

7. LIBERTY also hereby agrees to, indemnify and hold NASHUA harmless and
accepts all risks of loss associated with respect to the Encroachments, as a result of constructing
the Encroachments. NASHUA shall not in any way, be liable or responsible to reimburse
LIBERTY for the Encroachments, damage to the Encroachments, replacement cost or otherwise,
except to the extent the same arises from the negligence or willful misconduct of NASHUA, its
agent, employees or contractors. The construction and use of the Encroachments ts at
LIBERTY’s own risk of loss, which risk is accepted by LIBERTY.

8. This Agreement shall be interpreted in accordance with the laws of the State of

New Hampshire. The parties agree that any action arising from or relating to this agreement
shall be filed in the Superior Court of Hillsborough County, New Hampshire.

This Agreement and Consent to Joint Use and any amendments thereto shall be recorded
at the Hillsborough County Registry of Deeds.

[Remainder of Page Left Intentionally Blank; Signature Page Follows]