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APPOINTMENTS BY THE MAYOR
Cable Television Advisory Board
Justin Chapman (new appointment)
55 McKean Street
Nashua, NH 03060
Cole Morgan (new appointment)
20 Lock Street
Nashua, NH 03064
Citizens Advisory Commission
Lisa Tourangeau (reappointment)
Energy and Environment Committee
Taylor Barry (new appointment)
33 Wellman Avenue
Nashua, NH 03064
Dante Castellano (new appointment)
4 Bicentennial Drive
Nashua, NH 03062
Historic District Commission
Christopher Barrett (reappointment)
44 Abbott Street
Nashua, NH 03064
Mariellen Mackay (reappointment
9 Webster Street
Nashua, NH 03064
William Slivinski (reappointment)
46 Berkeley Street
Nashua, NH 03064
Robert Vorbach (reappointment)
58 Manchester Street
Nashua, NH 03064
Zoning Board of Adjustment
Nicholas Kanakis (reappointment)
159 Main Street
Nashua, NH 03060
MARCH 23, 2021
Term to Expire: March 31, 2024
Term to Expire: March 31, 2024
Term to Expire: October 1, 2023
Term to Expire: April 30, 2022
Term to Expire: April 30, 2022
Term to Expire: January 31, 2024
Term to Expire: December 31, 2023
Term to Expire: June 30, 2022
Term to Expire: December 31, 2023
Term to Expire: September 11, 2023
| respectfully request that this appointment be confirmed.
Jim Donchess, Mayor
R-21-123
RESOLUTION
RELATIVE TO THE TRANSFER OF $25,000 FROM DEPARTMENT 194
“CONTINGENCY”, ACCOUNT 70100 “GENERAL CONTINGENCY” TO
DEPARTMENT 109 “CIVIC & COMMUNITY ACTIVITIES”, ACCOUNTING
CLASSIFICATION 56 “OUTSIDE AGENCIES” FOR THE PURPOSE OF PROVIDING
FUNDING TO THE NASHUA ASSOCIATION FOR THE ELDERLY
CITY OF NASHUA
In the Year Two Thousand and Twenty-One
RESOLVED by the Board of Aldermen of the City of Nashua that $25,000 be transferred
from Department 194 “Contingency”, Account 70100 “General Contingency” into Department
109 “Civic & Community Activities”, Accounting Classification 56 “Outside Agencies” for the
purpose of providing $25,000 to the Nashua Association for the Elderly. The intent of the
funding is for $20,000 to be used to refurbish the Second Hand Store, and $5,000 to go into the
Senior Center’s Reserved Fund.
RESOLUTION:
PURPOSE:
SPONSOR(S):
COMMITTEE
ASSIGNMENT:
. FISCAL NOTE:
LEGISLATIVE YEAR 2021
R-21-123
Relative to the transfer of $25,000 from Department 194
“Contingency”, Account 70100 “General Contingency” to
Department 109 “Civic & Community Activities”, Accounting
Classification 56 “Outside Agencies” for the purpose of
providing funding to the Nashua Association for the Elderly
Mayor Jim Donchess
Alderman June M. Caron
Budget Review Committee
Reduces amount available in general contingency by $25,000
that could be used for escrow or surplus in FY21. The current
balance in the general contingency account is $395,200.
ANALYSIS
This resolution authorizes the transfer of $25,000 from General Contingency into Civic &
Community Activities, Outside Agencies for the purpose of providing funding to the Nashua
Association for the Elderly. The intent of the funding is for $20,000 to be used to refurbish the
Second Hand Store, and $5,000 to go into the Senior Center’s Reserved Fund.
Charter Sec, 53 permits the B
oard of Aldermen to transfer any unencumbered appropriation
balance or any portion from one department, fund or agency to another.
NRO 5-130, H provides that “when proposed legislation to transfer or re-appropriate a particular
appropriation or purpose thereof has had its first reading, such funds shall not be expended or
transferred while the legislation is pending”.
Approved as to account
structure, numbers and
amount;
Approved as to form:
Financial Services Division
By: /s/John Griffin
Office of Corporation Counsel
By: Dyk (Vorlo
Date: IG au din 204
R-21-124
RESOLUTION
APPROVING A FIFTH AMENDMENT TO PURCHASE AND SALE AGREEMENT OF
CITY LAND AT 21 PINE STREET (MAP 77, LOT 17) AND LAND OF PUBLIC
SERVICE COMPANY OF NEW HAMPSHIRE D/B/A EVERSOURCE ENERGY AT 3
PINE STREET EXTENSION (MAP 77, LOT 2A)
CITY OF NASHUA
In the Year Two Thousand and Twenty-One
WHEREAS, R-19-147 “Authorizing Purchase and Sale of City Land at 21 Pine Street
(Map 77, Lot 17) and Land of Public Service of New Hampshire d/b/a Eversource Energy at 3
Pine Street Extension (Map 77, Lot 2A)” was approved by the Board of Aldermen on September
12, 2019, and was entered into as of November 26, 2019 (“Purchase and Sale”);
WHEREAS, due to difficulty in PSNH securing other required easements and COVID-
19 related delays, the deadlines in the Purchase and Sale were extended in four (4) earlier
amendments to the Purchase and Sale;
WHEREAS, the lot line relocation contemplated by the Purchase and Sale was approved
by the City of Nashua Planning Board on July 11, 2019, which lot line relocation plan and
related easements will not be recorded until the closing; and
WHEREAS, PSNH has requested additional time, assistance from the City in addressing
clean-up on the City lot in the form of landfill-fee concessions, and has requested that the
location of some of the easements approved in the Purchase and Sale be moved.
; NOW, THEREFORE, BE IT RESOLVED that the a Fifth Amendment to the Purchase
and Sale, substantially in the form of the attached is hereby approved.
FURTHER RESOLVED by the Board of Aldermen of the City of Nashua that the Mayor,
with the assistance of the Office of Corporation Counsel, is authorized to prepare and execute all
necessary documents related to the lot line relocation, sale, purchase and easements contemplated
in the Purchase and Sale Agreement and all amendments thereto,
FIFTH AMENDMENT TO PURCHASE AND SALE AGREEMENT
FIFTH AMENDMENT made as of __, 2021 by and between PUBLIC SERVICE
COMPANY OF NEW HAMPSHIRE doing business as Eversource Energy, (“PSNH”) and the City of
Nashua (“City”), parties to that certain Purchase and Sale Agreement dated November 26, 2019 for an
exchange of property among PSNH and the City, as amended by Amendments dated March 19, 2020,
May 21, 2020, July 24, 2020 and December 11, 2020 (“Agreement”).
WHEREAS, Section 7 of the Agreement conditions PSNH’s performance under the Agreement on
obtaining certain Additional PSNH Easements and /or PSNH Licenses (as defined under the Agreement)
by March 21, 2021;
WHEREAS, PSNH has been unable to secure such Additional PSNH Easements and /or PSNH Licenses
despite its good faith efforts and due diligence and does not anticipate that all necessary additional
easements can be obtained prior to the expiration of the Section 7 contingency on March 21, 2021;
WHEREAS, certain of the Additional PSNH Easements and /or PSNH Licenses have required
corresponding minor changes to the location of certain access and utility easements required from the
City pursuant to Section 3 of the Agreement and as originally depicted on Appendix 2A; the location of
such changes are highlighted on the plans attached hereto as Exhibit 1 and the revised final location of
such easements are depicted on Exhibit 2 hereto;
WHEREAS, based, in part, on the attached information from PSNH’s environmental consultant, GZA,
PSNH requested that the City subsidize disposal of remediated fill and waste material from the City Lot
and the City has considered the demands on its landfill space and has offered a compromise as described
below, subject to approval by the City’s Board of Public Works and Board of Aldermen ; and
WHEREAS, the parties wish to preserve the transaction under the Agreement.
NOW THEREFORE, in consideration. of the mutual covenants contained herein, the parties agree as
follows:
1. The recitals to this amendment are incorporated into.and shall constitute a part of this
amendment.
2. The Agreement is revised to: (i) extend the current Section 7 deadline from March 21, 2021 to
May 31, 2021; (ii) extend the closing deadline from April 20, 2021 to accommodate such.
extended Section 7 timeframe to require closing by June 30, 2021; and (iii) extend the Section
3(b) expiration of the PSNH Reserved Easements by ninety (90) days from August 31, 2022 to
November 10, 2022 to accommodate the extended closing deadline.
3. The parties agree to work in good faith to accomplish the Closing within ten (10) business days
following Board of Alderman approval of this Fifth Amendment.
4. The Agreement’s Appendix 2A plan sheets are replaced with the progress prints dated March 12,
‘2021 (Map 77, Lot 28 Easement Plan; Map 77, Lot 30 Easement Plan; Street License Area Plan;
Map 77, Lot 5 & Map E, Lot 1487 Easement Plan; Map 77, Lot 17 Easement Plan) attached
hereto as Exhibit 2.
5. The parties agree that PSNH shall have the right, but not the obligation, to undertake disposal of
any, all or none of the materials from the City Lot at the City landfill and the City will accept
some of the materials as follows (the “Disposal Terms”):
a.
The City will accept up to 5,000 tons of urban fill, defined as mildly contaminated soils
which do not exceed NHDES Soil Remediation Standards, from the City Lot for $40 a ton,
which is % the current tipping of $80, for such materials brought to the landfill by PSNH, at
its sole cost, at a time mutually agreeable to the City, as determined by its Director of Public
Works, and PSNH but in no event later than by June 30, 2022.
The City cannot take the Construction and Demolition (“C & D”’) waste. That is pass-
through material for the City landfill and the City currently has a high volume coming into its
facility.
The City will accept up to 100 tons of asphalt shingles that contain asbestos, properly
prepared for disposal, for $100 per ton, which is % the current tipping of $200, for such
materials brought to the landfill by PSNH, at its sole cost, at a time mutually agreeable to the
City, as determined by its Director of Public Works, and PSNH but in no event later than by
June 30, 2022.
All other terms and conditions of the Agreement shall remain unchanged.
EXECUTED by the parties, by their duly authorized undersigned representatives, as of the date first
written above.
PUBLIC SERVICE COMPANY OF NEW HAMPSHIRE
D/B/A EVERSOURCE ENERGY
Name:
Title:
CITY OF NASHUA
Pursuant to Board of Alderman Resolution approved
Name: James W. Donchess
Mayor
Title:
COST BACKUP
RESOLUTION:
PURPOSE:
ENDORSERS:
COMMITTEE
ASSIGNMENT:
FISCAL NOTE:
LEGISLATIVE YEAR 2021
R-21-124
Approving a Fifth Amendment to Purchase and Sale of City
land at 21 Pine Street (Map 77, Lot 17) and land of Public
Service Company of New Hampshire d/b/a Eversource Energy
at 3 Pine Street Extension (Map 77, Lot 2A)
Mayor Jim Donchess
Planning and Economic Development Committee
Nashua Planning Board
Board of Public Works and Mine Falls Advisory Committee
As part of this agreement, the City will waive up to $200,000 in
tipping fees for up to 5,000 tons of urban fill and will waive up to
$10,000 in tipping fees for up to 100 tons of asphalt shingles that
contain asbestos. The total of tipping fees waived could be up to
$210,000.
ANALYSIS
This resolution approves a Fifth Amendment to the Purchase and Sale Agreement between the
City and Public Service Company of New Hampshire d/b/a Eversource Energy (“PSNH”). The
Purchase and Sale Agreement was authorized by R-19-147.
As the amendment allows new locations for easements, Charter $77 provides that the Planning
Board “shall review and make recommendations to the mayor and board of aldermen on all
locations for proposed municipal building and facilities, including educational, [and] on the
purchase and sale of any land
by the city.” Further, one of the contemplated easements is in Mine
Falls, which requires input from the Mine Falls Advisory committee. Lastly, the landfill fee
concessions are appropriate for referral for a recommendation to the Board of Public Works.
Approved as to account
number and/or
structure, and amount:
Approved as to form:
Financial Services Division
By: /s/John Griffin
Office of Corporation Counsel
By: /s/Celia K. Leoanrd
Date: March 17, 2021
