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Jim Donchess

Mayor e City of Nashua
To: Board of Aldermen
From: Mayor Jim Donchess
Date: November 16, 2021
Re: Multi-Year Contract Award —- Compressed Natural Gas

Pursuant to NRO: § 5-74/B: A contract that extends from the current fiscal year into succeeding

fiscal year(s) in which no funds have been appropriated nor otherwise designated for this purpose
shall be approved by the full Board of Aldermen before the contract shall become binding on the

City.

The Finance Committee has approved and placed on file the notification of the award of the
referenced contract amendment at the November 17, 2020 meeting and as such | am requesting the
full Board of Alderman approve the following contract:

Item: Compressed Natural Gas for fuel to be used by both city and
transit vehicles.

Value: Not to exceed $428,435 annually through May 1, 2026

Vendor: AVSG

Purchasing Memo#: 22-190 dated November 10, 2021

Contract Term: 4 year contract extension executed on Novernber 2017 to cover

through May 1, 2026

Thank you.

229 Main Street » PO Box 2019 * Nashua, New Hampshire 03061-2019
603.589.3260 + fax 603.594.3450 * NashuaMayor@NashuaNH.gov
www.NashuaNH.gov

AMENDMENT TWO
TO
LEASE AND OPERATING AGREEMENT

This AMENDMENT is made as of November , 2021 ("Effective Date"), by and between
the City of Nashua with an address of 229 Main Street, Nashua, New Hampshire ("City") and
AVSG LP, a Massachusetts limited partnership, with an address of C-3 Shipway Place, Boston,
MA 02129 ("Lessee").

WHEREAS, the City and Lessee entered into a Lease and Operating Agreement dated March 4,
2011, regarding a program for the distribution of compressed natural gas ("CNG") at a full
public-access CNG fuel station within the City ("Agreement");

WHEREAS, Section 5 of the Agreement states that the Agreement will remain in effect through
May 1, 2021 (“Initial Terin") and be renewable for an additional 5 years upon mutual agreement
of the parties ("Renewal Term"), the City's agreement not to be unreasonably withheld;

WHEREAS, Lessee is investing in capital improvements on the leased premises and has
requested that the Renewal Term be approved now, bringing the termination date of the
Agreement to May 1, 2026;

WHEREAS, Section 9 of the Agreement provides for the rate the City will pay Lessee per diesel
gallon equivalent ("DGE") for CNG;

WHEREAS, the parties have negotiated a revised DGE rate; and

WHEREAS, the Lessee and the City wish to extend the Agreement and memorialize the revised
DGE rate.

NOW, therefore, in consideration of the mutual covenants contained herein, the parties hereby
mutually agree as follows:

1. Thar the term of the Agreement shall be extended to May 1, 2026. For the avoidance of
doubt, the new termination date of May 1, 2026 incorporates the Agreement's Renewal
Term, and the parties are not agreeing or obligated to agree to an additional 5 year
renewal term after the May 1, 2026 termination.

2. The Lessee will invoice the City at a rate of $2.65 per DGE ($2.49 per gas gallon
equivalent ("GGE")) effective November |, 2021 through June 30, 2022.

3. All other terms and conditions of the Agreement not changed by this (or prior)
Amendment(s)} remain in full force and effect.

IN WITNESS WHEREOF, the parties hereto have, by their duly authorized representatives
placed their hands as of the date first above written.

City of Nashua AVSG LP

By: James W. Donchess, Mayor By: Babak, Alizadeh, President

O-21-082

ORDINANCE

REQUIRING LEGISLATION AND RELATED INFORMATION TO BE AVAILABLE

CITY OF NASHUA

In the Year Two Thousand and Twenty One

The City of Nashua ordains that Part I “Administrative Legislation”, Chapter 5
“Administration of Government”, Part 2 “Board of Aldermen”, Article III “Rules and Order of
Business”, Section 5-27 “Dating, signing, recording, publication and printing of ordinances” of
the Nashua Revised Ordinances, as amended, be and hereby is further amended by deleting the
struck-through language ard adding the new underlined language as follows:

“§ §-27. Dating, signing, recording, publication and printing of erdinanees
legislation.

A. Each-ordinance All legislation shall bear the date of its passage, as attested by the
City Clerk and the President of the Board of Aldermen and, if necessary, the date
of its approval by the Mayor or of its reconsideration or enactment by the Board
of Aldermen notwithstanding the objection of the Mayor.

B. All ordinances legislation which are is enacted shall be recorded by the City Clerk
in the order in which they were are passed.

C. The City Clerk shall cause all ordinances passed by the Board of Aldermen to be
published by title one day in a newspaper of local circulation; but whenever the
City shall make a general revision of all its ordinances, no publication of such
revised ordinances shall be required in any newspaper.

D. Immediately after the passage of any ordinance, the City Clerk shall cause the
same to be printed upon sheets uniform in size and style as the Code, and
sufficient in number to meet the public needs.

ORDINANCE O-21-082

E. All legislation will be available at City Hall and on the City’s website, including
information on all reading dates of the legislation, the committee(s) the legislation

was assigned to, the committee meeting date(s) when the legislation was

discussed, and the dates of final passage and approval, including any veto
information.”

This legislation shall take effect following its passage.

ORDINANCE:

PURPOSE:

ENDORSERS:

COMMITTEE

ASSIGNMENT:

FISCAL NOTE:

LEGISLATIVE YEAR 2021

O-21-082

Requiring legislation and related information to be available

Alderwoman Elizabeth Lu

Personnel/Administrative Affairs Committee

None.

ANALYSIS

This legislation requires City of Nashua legislation and information related to the legislation to
be available publicly and on the City’s website.

Approved as to form:

Office of Corporation Counsel

wr Vie (Lore.
Date: | “Desemntar 2oH

EDUCATION:
College: Plymouth State College, Bachelor of Arts in History, Minor in Psychology, 1996

Law School: Franklin Pierce Law Center, Juris Doctorate 1999
(now known as UNH Law School, Concord, NH)

Admitted to Practice in: NH, 2000, Maine, 2000
US Federal District Court NH 2000

Awards: NH Paralegal Association Attorney of the Year 2007

Achievements: Published Author of “Two Out Of Three Is Bad, Potential Pitfalls to Avoid in
Your Personal Injury Case” copyright 2020
Credentialed Member of NASCAR Media.
Obtained FM license for WSMN, first time in history of station since 1958.

Affiliations: NH Bar Association, Nashua Bar Association, Maine State Bar Association,
Member of Board of Trustees North East Motor Sports Museum 2021-present
Member of the Board of Trustees/Chairman — Hollis Social Library 2005-2021,
Member of City of Nashua Census Media Committee 2019-2020
Board of Trustees Nashua Community Music School 2016-2019
Board of Trustees Beaver Brook Conservation Association Hollis 2014-2017
Advisor to Hollis-Brookline High Schoo] Mock Trial Team 2004-2007

6:00 PM AGENDA CAUCUS OF THE BOARD OF ALDERMEN DECEMBER 9, 2021

PRESIDENT LORI WILSHIRE CALLS ASSEMBLY TO ORDER

2. PRAYER OFFERED BY CITY CLERK SUSAN LOVERING

3. PLEDGE TO THE FLAG LED BY ALDERWOMAN-AT-LARGE SHOSHANNA KELLY
4. ROLL CALL

5. CAUCUS OF THE BOARD OF ALDERMEN

6. REMARKS BY THE MEMBERS OF THE BOARD OF ALDERMEN

Committee announcements:

7. ADJOURNMENT

A special meeting of the Board of Aldermen was held Tuesday, December 7, 2021, at 7:00 p.m. in the aldermanic
chamber as well as via Zoom teleconference.

President Lori Wilshire presided; Deputy City Clerk Allison Waite recorded.

Prayer was offered by Deputy City Clerk Allison Waite; Alderwoman-at-Large David C. Tencza led in the Pledge to the
Flag.

To join by Zoom — please refer to the agenda or the website for the meeting link and telephone number.

Let’s start the meeting by taking a roll call attendance. When each member states their presence, please indicate if
participating via Zoom state why you are not meeting in person and whether there is anyone in the room with you during
this meeting which is required under the Right-To-Know Law.

Deputy City Clerk Waite called the roll and asked them to state the reason he or she could not attend, confirmed that
they could hear the proceedings, and stated who was present with him or her.

The roll call was taken with 10 members of the Board of Aldermen present and 3 via Zoom: Alderman Michael B.
O’Brien, Sr., Alderman Patricia Klee (via Zoom), Alderwoman Shoshanna Kelly, Alderman Richard A. Dowd,
Alderman June M. Caron, Alderman Thomas Lopez, Alderman David C. Tencza, Alderwoman Elizabeth Lu, Alderman
Ernest Jette, Alderman Brandon Michael Laws (via Zoom), Alderman Skip Cleaver (via Zoom), Alderman Linda
Harriott-Gathright, Alderman Lori Wilshire.

Alderman Benjamin Clemons and Alderman Jan Schmidt were recorded absent.

President Wilshire turned the meeting over to Chairman of Budget Review Committee Richard A. Dowd.

Chairman Dowd

Okay. This evening we have public hearings on four bond resolutions R-21-197, R-21-189, R-21-193 and R-21-202.
If there are no objections, | like to move the first item up to R-21-202 up to the first so that we can address that since |

think most of the people here are concerned with that particular legislation.

PUBLIC HEARING

R-21-202
AUTHORIZING THE MAYOR AND CITY TREASURER TO ISSUE BONDS NOT TO EXCEED THE AMOUNT OF
TWO MILLION FIVE HUNDRED THOUSAND DOLLARS ($2,500,000) TO PURCHASE PROPERTY ABUTTING
GREELEY PARK LOCATED AT 15 BARTLETT AVENUE (MAP 57, LOT 3)

Alderman O’Brien

Thank you, Mr. Chairman. Before us this evening is R-21-202 authorizing the Mayor and the City Treasurer to issue
bonds not to exceed the amount of $2,500,000 to purchase property abutting Greeley Park located at 15 Bartlett
Avenue, Map 57, Lot 3.

Chairman Dowd
| believe that Alderman Klee wants to introduce this legislation.
Alderman Klee

Yes, | do. Thank you, Chairman Dowd. Jeff I'm not ready yet but this is the two slides that | sent to you. So | want to
start by answering the question that why didn't we make an offer before the sellers created a Purchase and Sales
Agreement to Thorndike? The answer simply is, is to the best of my knowledge it was never listed publicly and that
city is not in the habit of chasing obituaries. So at another meeting, | made a comment that this is not about NIMBY -
not in my backyard. It's about saving my park. That's how | said it. Then | was commented to someone who came to
me and said, well, it shouldn't be isn't my park. It should be rather it's our park and that's truth. It is our park, really is
our park. It's not Ward 3’s park. It is the city park. The thing that we have to continue to remember is that once
anything happens to that park, it's probably gone forever. | don't mean the park is gone forever. I'm just talking about
the abutting area. So it's important for us to have this discussion, consider all the options that could be possibly at our

Special Board of Aldermen 12-07-2021 Page 2

disposal, and | want to be fair here to everyone, and | want to show a couple of slides so the public can see exactly
where this property lays beside Greeley Park. | joked at one point that at the map 15 Bartlett is like a puzzle piece
that kind of fits into the armpit of Greeley Park.

And as you can see here, Jeff, if you can show that first slide, please. This is a slide that was shared with me from
Mr. Geisinger from Thorndike. You can see exactly how this fits - that piece of property actually fits into it. The
reason | wanted to show this is because he also was kind enough to kind of show where he was planning on
developing the area and then he pointed out where the woodland that's abutting Greeley Park. You can see that up in
the upper left hand corner. That particular piece also has some wetland in it. And then you kind of see that mustard
green, | used to call it baby poop color is the open space. It's kind of down towards the lower portion and that medium
green is the buffer area. But that yellow portion right in the middle there is the development area. | show this
because | do want to be fair. | do want to show that there are woods that are going to stay there. So when | refer to
how all the woods are going to be removed, and so on, there are things that are going to stay there. This is
conservation land and he does have to maintain a certain portion of non-developed land, so to speak.

Jeff if you could show the next slide. Thank you. This was given to me by a constituent who also wanted to show
how that piece of property kind of fit into the whole landscape and the property that's owned by the city. So obviously
Greeley Park is owned by the city. Then you see that little tiny piece of parcel of land. That, too, is owned by the city.
So | just want to show how important it is that this piece of property fits in there and right across - diagonally across
from that owned by the city property to Greeley much of that is forested area. So kind of continues that forestry in that
land. If you look over to the right hand side, you can kind of see where those 43 homes are going to be spread
throughout all of this. Now I'm showing you all of these things and I'd be remiss if | didn't say that the sellers did send
a letter or actually their legal office sent us a letter. Jeff, you can stop now. Thank you. Stating that they plan to
continue with the sale to Thorndike and continue to move forward with that. So | do want to make that very clear. The
city, in my opinion, we should still continue going. We should still continue doing all that we want to do and | showed
these slides to be fair to everybody to show where the buffer areas are to the properties, to show that little piece of
woodland area that's going to be there, but also to show how this truly truly fits into that. Once that is developed,
there is no going back. You can't go oops | made a mistake. You can’t put those trees back there. So this is
extremely, extremely important.

You're going to hear from a lot of people | believe. We've been getting e-mails back and forth. People are saying well
don't develop this land either. And maybe that be true, but this particular one as you can see is so important, my
feeling, to the health of Greeley Park. Well yes there are some people who say not in my backyard. | know for a fact
that not too long ago there was a piece of property not too far from here that had two or three homes that they wanted
to develop and certain people stopped that because they didn't want to in their backyard. This isn't so much in my
backyard as it is to save our park. The city's park. A crowning jewel of the city. | think it's important that the
conversation goes on even though they've said they do not want to sell and they're going to move forward, | think we
still need to have this conversation because | think the safety of this park and saving this park is extraordinarily
important. So from here, I'm going to pass it back to Chairman Dowd. Thank you very much for letting me speak.

Chairman Dowd

Just to reiterate a couple things. | did hear from the developer's attorney today. They are still going to honor the
purchase and sale and buy the property. We did get a letter from the owners of the Barker's saying they had no
interest in selling it to the city and that they didn't want the city to interfere with the purchase and sale agreement,
which technically we can't interfere with. So the sale is probably going to go through and we may be tabling the
motion in the Budget meeting tonight because there's no action that we can probably take at this point in time. If the
development does go through, it's going to have to go through the Planning Board and all the concerns brought up by
the neighbors can certainly be aired at the Planning Board and I'm sure there are a number. If in the future for some
reason the property becomes available again. Then we could entertain the city purchasing it at that time. But at the
moment, | don't believe there's a course of action that we can take to purchase the property. Okay. Any other board
members have any comments? Okay with that, | will open the public hearing on R-21-202 and | will now entertain
testimony in favor. Please go up to the microphone and state your name if you'd like to comment. You do have a
three minute time limit soon as you start talking the clock will start. State your name and address for the record.

Testimony in Favor

Paul Metzger

Paul Metzger, 25 Columbia Ave., Ward 3. Joseph Thornton Greeley gifted 125 acres of land to the City of Nashua in
1896. That land became what we know today as Greeley Park. This year 2021 marks 125 anniversary of it. The