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12. REPORTS OF COMMITTEE

Budget Review Committee. ............. occ cccccccccccecccenteeeeeeeeeeeeenneeeeeeeeeeeeeesstieeeeeeeeeeeennaaes 03/27/2017
Budget Review Committee. .............. 0c cccccccccccccceeecnnneeeeeeeeeeeeeseseeeeeeeeeeeeeestseeeeeeeeeeeenaaes 04/04/2017
Finance Committee. ...0.0.. cece ccc cence ces eee eeeesee ae eeesee aa veseesaaaevessuaaeeeesanaeeeeeananess 03/15/2017
Finance Committee. ....00 0... cecc ccc c cence cee ee ee eeesee ae eeesee aa veseesaaaevessaaaeeeesavaeeesananess 04/05/2017
Human Affairs Committee. ...0.0.0. cece ccc cece ee ces eee ee see gue eeees ana eeeeeeeaevesenvaneeninnas 03/13/2017

13. WRITTEN REPORTS FROM LIAISONS

14. CONFIRMATION OF MAYOR'S APPOINTMENTS

UNFINISHED BUSINESS — RESOLUTIONS

R-17-091
Endorsers: Mayor Jim Donchess
Alderman Richard A. Dowd
Alderman-at-Large Michael B. O’Brien, Sr.
DISCONTINUING THE CAPITAL RESERVE FUND FOR BUILDING REPLACEMENT
OR RENEWAL DUE TO DISUSE
e Budget Review Committee Recommends: Final Passage

R-17-092
Endorsers: Mayor Jim Donchess
Alderman-at-Large David W. Deane
Alderman Ken Siegel
Alderman Richard A. Dowd
Alderman-at-Large Michael B. O’Brien, Sr.
AUTHORIZING THE MAYOR AND CITY TREASURER TO ISSUE BONDS NOT TO EXCEED
THE AMOUNT OF THIRTY-SEVEN MILLION FIVE HUNDRED THOUSAND DOLLARS
($37,500,000) TO FUND A MULTI-YEAR PAVING PROJECT
e Budget Review Committee Recommends: Final Passage as Amended
e Also assigned to BPW; Favorable Recommendation Issued 3/23/2017

R-17-093
Endorsers: Alderman-at-Large Brian S. McCarthy
Alderman Richard A. Dowd
Alderwoman Mary Ann Melizzi-Golja
AMENDING THE PURPOSE OF THE EXPENDABLE TRUST FUND FOR FUNDING THE JULIA T.
WARD PRIZE TO A MEMORIAL MURAL PROJECT AT THE AMHERST STREET ELEMENTARY
SCHOOL
e Budget Review Committee Recommends: Final Passage

UNFINISHED BUSINESS - ORDINANCES

O-17-031

Endorsers: Mayor Jim Donchess
Alderman Richard A. Dowd
Alderman Ben Clemons
Alderman-at-Large Lori Wilshire
Alderman June M. Caron
Alderwoman Mary Ann Melizzi-Golja
Alderman-at-Large Michael B. O’Brien, Sr.

RELATIVE TO THE WASTEWATER SYSTEM FUND AS A SEWER FUND

e Budget Review Committee Recommends: Final Passage

NEW BUSINESS — RESOLUTIONS

R-17-094
Endorsers: Mayor Jim Donchess
Alderman-at-Large Lori Wilshire
RELATIVE TO THE ACCEPTANCE AND APPROPRIATION OF UP TO $213,700 FROM THE
STATE OF NEW HAMPSHIRE DEPARTMENT OF HEALTH AND HUMAN SERVICES INTO
TRANSIT GRANT ACTIVITY “FEDERAL TRANSIT AUTHORITY JOB ACCESS AND REVERSE
COMMUTE (“JARC”) PROGRAM”

R-17-095
Endorser: Mayor Jim Donchess
AUTHORIZING THE MAYOR TO APPLY FOR AND EXPEND THE COMMUNITY DEVELOPMENT
BLOCK GRANT (“CDBG”) AND HOME INVESTMENT PARTNERSHIP PROGRAM FUNDS FOR
FISCAL YEAR 2018

R-17-096
Endorser: Mayor Jim Donchess

AUTHORIZING THE ACCEPTANCE OF AN EASEMENT FROM GIRLS INCORPORATED OVER
LAND LOCATED AT 27 BURKE STREET

NEW BUSINESS — ORDINANCES
O-17-036
Endorsers: Mayor Jim Donchess
Alderman-at-Large Brian S. McCarthy
Alderwoman Mary Ann Melizzi-Golja
AMENDING THE ACCESSORY DWELLING ORDINANCE
PERIOD FOR GENERAL PUBLIC COMMENT
REMARKS BY THE MEMBERS OF THE BOARD OF ALDERMEN

Committee announcements:

ADJOURNMENT

AMENDED
R-17-092

RESOLUTION

AUTHORIZING THE MAYOR AND CITY TREASURER TO ISSUE BONDS NOT TO
EXCEED THE AMOUNT OF THIRTY-SEVEN MILLION FIVE HUNDRED
THOUSAND DOLLARS ($37,500,000) TO FUND THE FIRST FIVE YEARS OF A
MULTI-YEAR PAVING PROJECT

CITY OF NASHUA

In the Year Two Thousand and Seventeen

RESOLVED by the Board of Aldermen of the City of Nashua that the Mayor of the City
of Nashua and the City Treasurer of the City of Nashua are hereby authorized to issue and sell
general obligation bonds of the City in an aggregate principal not to exceed thirty-seven million
five hundred thousand dollars ($37,500,000). The proceeds of said bonds shall be used for the
first five years of a multi-year paving project. The useful life of the project is 15-20 years.

Pursuant to Nashua City Charter §54-a, this resolution requires a “duly advertised public
hearing.” Also see N.H. RSA 33:9, which requires a 2/3 vote for passage of this resolution.

The bonds shall be general obligations of the City of Nashua, payable as to principal and
interest from ad valorem taxes, which will be levied without limitation as to rate or amount on all
taxable property within the territorial limits of the City of Nashua.

The bonds shall bear the manual or facsimile signature of the City Treasurer and the
Mayor. In accordance with Chapter 91 of the New Hampshire Acts of 2005, bonds issued
pursuant to this resolution shall not require an authenticating certificate of a bank or trust
company doing business in the State of New Hampshire or The Commonwealth of
Massachusetts, or the Commissioner of Revenue Administration.

The bonds are to be issued in fully-registered form by means of a book-entry system or
otherwise and shall have such terms and conditions and be in such form, subject to the provisions
of this resolution and applicable law, as shall be determined by the Mayor and the City
Treasurer.

RESOLVED FURTHER, that the Mayor is authorized to enter into the required
contracts therefor as well as any amendments to be made thereto or any other documentation
necessary for the receipt of said funds.

CITY OF NASHUA NEW HAMPSHIRE
TRUSTEES OF

THE EDGEWOOD CEMETERY
Incorporated March 24, 1893

March 17, 2017
Patricia Piecuch, City Clerk
229 Main St.
Nashua, NH 03061-2019

Ms. Piecuch,

The Edgewood Cemetery Board of Trustees wishes to meet in joint convention with the
Board of Mayor & Aldermen for the purpose of electing 2 trustees. The trustees intend to
nominate Allan Barker, 15 Bartlett Ave., Nashua & Norman Hall, 66 Manchester St.,
Nashua to 5 year terms expiring March 2022. Both are incumbents. Please notify me

when this has been placed on the agenda.

Sincefely,

law
Jef fl ow, Supt.

107|Amherst St., Nashua, NH 03064-2578 / Telephone (603) 594-3327

ex: Nashua
eG Public

Ge =CLibrary

April 5, 2017

Mr. Brian McCarthy, President
Nashua Board of Aidermen
City of Nashua, NH

Dear President McCarthy,

The Board of Library Trustees requests a Joint Convention with the Mayor and
Board of Aldermen for the purpose of placing the name of Paul Bergeron in
nomination as Library Board Trustee for a seven-year term to expire on March
31, 2024 and the name of Scott Jaquith in nomination as Library Board Trustee to
fill the unexpired term of John Farrer who has resigned from the Board, such

term to expire on March 31, 2022.

Sincerely,

Arthur L. Barrett, Jr., Chairman
Board of Library Trustees
Nashua Public Library

cc: James Donchess, Mayor

2 Court Street | Nashua, NH 03060 | 603.589.4500 | www.nashualibrary.org

CITY OF NASHUA
OFFICE OF CORPORATION COUNSEL

To: Board of Aldermen

From: Celia K. Leonard, Esq. LF f HA

Office of Corporation Counsel
Date: March 30, 2017

CC: Mayor Donchess, Director Fauteux, Director Marchant, Director Cummings, City
Engineer Dookran

RE: Petition for Street Acceptance: Northwest Boulevard Extension

Northwest Boulevard is presently a public way that leads southwesterly from Rt 101-A to
a point prior to where it intersects with the railroad tracks. Between 1998 and 2001, the City
received development proposals for nearly 300 acres of land southwesterly of the train tracks
known as “Westwood Park.” The City reviewed the proposals and ultimately approved a total of
6 lots to be served by an extension of Northwest Boulevard southwesterly of the tracks, the so
called Northwestern Boulevard Extension.

Within Westwood Park, the City currently owns one lot of approximately 253 acres in fee
and has a conservation easement on another 41.5 acre lot. As an owner, the City is subject to the
Park Covenants for Westwood Park dated June i, 1998. Further, by assignment dated October
31, 2001, the developer assigned all its rights and obligations under the Park Covenants to the
City and the City accepted the assignment.

It is estimated that Northwestern Boulevard Extension was constructed in the 1999-2000
timeframe. As part of the construction of Northwestern Boulevard Extension, the developers
entered into a private crossing agreement with the Boston and Maine Corporation and
Springfield Terminal Railway Company dated April 1, 1998 and recorded in the Hillsborough
County Registry of Deeds at Book 5949, page 1113, to cross the tracks.

The City received the attached street acceptance petition dated August 7, 2000 to make
Northwestern Boulevard Extension a public way. The petition went before the Board of
Aldermen on September 26, 2000 and was referred to Infrastructure and calendared for Public
Hearing on October 25, 2000. At Infrastructure on October 11, 2000, it was held in committee
pending the Public Hearing. On October 25, 2000, the Public Hearing was held and
Infrastructure voted to recommend granting the petition. On November 14, 2000, the full Board
accepted the petition. On November 28, 2000, however, the Board moved to reconsider the
petition and it was re-referred to Infrastructure. While the minutes of that meeting are sparse,
other documents show that the reason the petition was sent back to Infrastructure, where it was
tabled, was to seek NHDOT approval for the railroad crossing pursuant to state law. See RSA
373. In April 2002, the City petitioned the NHDOT to designate the existing private crossing at
Northwest Boulevard as a public crossing. The railroad objected.

After a hearing, the NHDOT found that under RSA 373:1, the private crossing “shall
become a public crossing upon acceptance of that portion of Northwest Boulevard lying
southeasterly of the tracks as a public way by the City of Nashua.” (i.e. Northwest Boulevard
Extension). Further, the NHDOT found that the allocation of costs of construction, installation
and maintenance of the public crossing “shall be borne in accordance with the written crossing
agreement dated April 1, 1998.” The railroad appealed and the initial order was upheld by order
dated March 18, 2003. .

A review of City’s proceedings after the March 18, 2003 order found no record of the
street acceptance petition for Northwest Boulevard Extension being re-heard at Infrastructure or
at the full Board. As the petition is not Board-initiated, it does not die at the end of any
particular legislative session and can be brought forward to be acted upon at any time after it is
tabled.

Pursuant to the private crossing agreement and the Park Covenants, each owner,
including the City, within the Park must pay annual railroad fees including a maintenance fee, an
administrative fee and an insurance premium. The City’s share of such fees is currently
approximately $8,000 per year. It is the opinion of this office that once Northwest Boulevard
Extension is accepted and, by virtue of such acceptance, the crossing becomes public, the private
crossing agreement becomes a nullity and thus terminates. The private crossing agreement does
make provisions in the event the crossing becomes public which survive the termination of the
agreement. When the crossing becomes public, Westwood Park is to pay the railroad for the
“design, installation, maintenance, replacement, repair and removal of such protection and for
electricity . .. necessary to operate any mechanical or electrical protection and shall pay to the
railroad said fees for a period of twenty (20) years commencing with the date of designation as a
public crossing.” The City’s share of such fees is presumably less than $8,000.

An additional factor in consideration is that the City has been plowing Northwest
Boulevard Extension for years and is only afforded the liability protection of RSA 231:90 if the
roadway is public.

Accordingly, the City’s administration requests that the petition for street acceptance of
Northwest Boulevard Extension be removed from the table and acted upon in the normal course.

PETITION

FOR
STREET ACCEPTANCE

TO THE HONORABLE BOARD OF ALDERMEN OF THE CITY OF NASHUA:

Pursuant to the Nashua Revised Ordinances, Chapter 19, Section 19-34, the undersigned
requests that the following described portion of ;

Northwest Boulevard Extention, in it's entirety (Station 0400 to 30+13. 1 6)
be accepted for public use and maintenance:

Beginning at a stone bound on the southwesterly sideline of Celina Avenue at land of Tana Properties
LTD Partnership, said bound is on the southwesterly end of the present street acceptance of
Northwest Boulevard and being the northeasterly corner of the following described parcel; thence

Northwesterly and southwesterly along a curve to the left having a radius of 50.00 feet, a delta angle
of 90° 00' 00" and an arc length of 78.54 feet by said land of Tana Properties LTD Partnership to a
point; thence

S 37° 21'02" W, a distance of 621.66 feet by said land of Tana Properties LTD Partnership and
crossing (by virtue of Crossing Easements dated 02/03/84 recorded at the Hillsborough County
Registry of Deeds at Volume 3126, page 359 and dated 04/01/98 recorded at the Hillsborough
County Registry of Deeds at Volume 5949, page 1113) the right of way of Boston and Maine
Corporation to a point; thence

Northwesterly along a curve to the left having a radius of 5696.65 feet, a delta angle of 00° 06' 09"
and an are length of 10.19 feet by said right of way to a stone bound; thence

S 37° 21' 02" W, a distance of 55.94 feet to a stone bound: thence

Southwesterly and southeasterly along a curve to the left having a radius of 310.00 feet, a delta angle
of 44° 21' 41" and an arc length of 240.02 feet to a Stone bound; thence

S 07° 00' 39" E, a distance of 477.21 feet toa Stone bound; thence

Southeasierly along a curve to the lett having a radius of 440.00 feet, a delta angle of 49° 36' 11" and
an arc length of 380.92 feet to a stone bound: thence

S 56° 36' 49" E, a distance of 853.00 feet toa stone bound; thence

Southeasierly along a curve io the right having a radius of 330.00 feet, a delta angle of 21° 38' 00"
and an arc length of 124.60 feet to a stone bound; thence

S 34° 58' 49" E, a distance of 170.00 feet to a stone bound: thence
S 55° 01' 11" W, a distance of 60.00 feet to a stone bound; thence
N 34° §8' 49" W, a distance of 170.00 feet to a stone bound; thence

a

Northwesterly along a curve'to the left having a radius of 270.00 feet, a delta angle of 21° 38' 00" and
an arc length of 101.94 feet to a stone bound; thence
N 56° 36' 49" W, a distance of 853.00 feet to a stone bound; thence

Northwesterly along a curve to the right having a radius of 500.00 feet, a delta angle of 49° 36' 11"
and an arc length of 432.87 feet to a stone bound; thence -

N 07° 00' 39" W, a distance of 477.21 feet to a point; thence

Northwesterly and northeasterly along a curve to the right having a radius of 370.00 feet, a delta
angle of 44° 21' 40" and an arc length of 286.47 feet to a stone bound; thence

N 37° 21'02" E,a distance of 43.88 feet to a stone bound on the southerly right of way line of the
Boston and Maine Corporation; thence

Northwesterly along a curve to the left having a radius of 5696.65 feet, a delta angle of 00° 06’ 10"
and an arc length of 10.21 feet by said right of way to a point; thence

N 37° 21' 02" E, a distance of 687.74 feet to a point at the present limit of acceptance; thence
S 52° 38' 58" E, a distance of 130.00 feet to the point of beginning.

“ay?

PETITION/STREET ACCEPTANCE
Quo ti TA00O

DATE CJ

| certify that | have received a mylar showing the limits of the street to be accepted and that said
street has been constructed in accordance with the approved plan.

8/28/2000 . Dad
DATE G NGINEER

Petition introduced at Board of Aldermen Meeting
DATE

Public Hearing conducted by the Committee on Infrastructure:

DATE TIME PLACE

Notice of this hearing was sent out to all abutters of that portion of the street for which acceptance
was requested, as listed on the attached list.

The foregoing petition was granted by the Board of Aldermen and Mayor on

DATE

Attest:

DATE CITY CLERK