Search

Cultural Connections Committee

Lauren Osowski (New Appointment)
14A Artillery Lane
Nashua, NH 03064

Nashua Arts Commission

Judith Carlson (Reappointment)
15 Manchester Street
Nashua, NH 03064

Planning Board

Gerry Reppucci (Reappointment)
17 Badger Street, #1
Nashua, NH 03060

Zoning Board of Adjustment

James P. Welch, Alternate (New Appointment)
3 Greenwood Drive
Nashua, NH 03062

Efstathia Booras, Alternate (New Appointment)
44 Balcom Street
Nashua, NH 03062

UNFINISHED BUSINESS — RESOLUTIONS

R-17-093

Endorsers: Alderman-at-Large Brian S. McCarthy

Alderman Richard A. Dowd

Alderwoman Mary Ann Melizzi-Golja

Term to Expire:

Term to Expire:

Term to Expire:

Term to Expire:

Term to Expire:

December 31, 2019

April 1, 2020

March 31, 2020

September 11, 2017

October 1, 2018

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

Budget Review Committee Recommends: Final Passage

R-17-094

Endorsers: Mayor Jim Donchess
Alderman-at-Large Lori Wilshire

Alderwoman Mary Ann Melizzi-Golja

Alderman June M. Caron
Alderman Tom Lopez
Alderman Richard A. Dowd

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”

Anticipated Referral from Human Affairs Committee Meeting of 5/8/17

R-17-096
Endorsers: Mayor Jim Donchess
Alderman-at-Large Lori Wilshire
Alderman Richard A. Dowd
Alderman Ken Siegel
Alderwoman Mary Ann Melizzi-Golja
Alderman-at-Large Michael B. O’Brien, Sr.
Alderman Tom Lopez
AUTHORIZING THE ACCEPTANCE OF AN EASEMENT FROM GIRLS INCORPORATED
OVER LAND LOCATED AT 27 BURKE STREET

° Committee on Infrastructure Recommends: Final Passage

UNFINISHED BUSINESS — ORDINANCES

O-17-033
Endorsers: Alderman Ken Siegel
Alderman Tom Lopez
Alderman-at-Large Michael B. O’Brien, Sr.
LIMITING THE SECOND PUBLIC COMMENT PERIOD AT BOARD OF ALDERMEN
MEETINGS TO ITEMS WITHIN THE SUBJECT MATTER JURISDICTION OF THE BOARD
° Personnel/Administrative Affairs Committee Forwarded with No Recommendation

NEW BUSINESS — RESOLUTIONS

R-17-099
Endorser: Mayor Jim Donchess
APPROVING A FIRST AMENDMENT TO TOWER REPLACEMENT AGREEMENT WITH
VERIZON WIRELESS

R-17-100
Endorser: Mayor Jim Donchess
AUTHORIZING THE SALE OF SURPLUS BROAD STREET PARKWAY PROPERTY

R-17-101
Endorsers: Mayor Jim Donchess
Alderman-at-Large Lori Wilshire
RELATIVE TO THE ACCEPTANCE AND APPROPRIATION OF $808,298 FROM THE STATE
OF NEW HAMPSHIRE DEPARTMENT OF HEALTH AND HUMAN SERVICES INTO PUBLIC
HEALTH AND COMMUNITY SERVICES GRANT ACTIVITY “FY2018 AND FY2019 PUBLIC
HEALTH NETWORK SERVICES”

R-17-102

Endorsers: Mayor Jim Donchess

Alderman June M. Caron

Alderwoman Mary Ann Melizzi-Golja

Alderman Richard A. Dowd
RELATIVE TO THE TRANSFER OF $25,000 FROM DEPARTMENT 194 — CONTINGENCY,
ACCOUNT 70100 — GENERAL CONTINGENCY TO FY 17 DEPARTMENT 109 — CIVIC &
COMMUNITY ACTIVITIES, ACCOUNTING CLASSIFICATION 56 —- OUTSIDE AGENCIES
FOR THE PURPOSE OF DONATING TO THE NASHUA ASSOCIATION FOR THE ELDERLY

NEVW BUSINESS — ORDINANCES

O-17-038
Endorser: Alderman David Schoneman
ALLOWING RESIDENTS OF MORGAN STREET TO PURCHASE OVERNIGHT ON-STREET
PARKING PERMITS

PERIOD FOR GENERAL PUBLIC COMMENT

REMARKS BY THE MEMBERS OF THE BOARD OF ALDERMEN

Committee announcements:

ADJOURNMENT

City of Nashua Community Development

Planning and Zoning

Community Development Division Ode ee nt
City Hall, 229 Main Street, PO Box 2019 Franeporeton Department
Nashua, New Hampshire 03061-2019 FAX

www.nashuanh.gov

To: Alderman Lori Wilshire, Chair of Human A ffairs

Alderman Brian McCarthy, President of the Board of Alderman
From: Camille Pattison, Transportation Manager
Date: May 3, 2017

Re: R-17-094 — Authorizing Acceptance and Appropriation of Federal Transportation Authority
Job Access and Reverse Commute Funds from the State of New Hampshire Department of
Health and Human Services

589-3095
589-3090
589-3080
589-3100
589-3085
880-0100
589-3119

This legislation is the biannual authorization to allow the City to accept and appropriate up to
$213,700 in Job Access and Reverse Commute Funds from the State of New Hampshire
Department of Health and Human Services, to offset the daily operations of the Nashua Transit
System. This funding will be in effect from July 1, 2017 — June 30, 2019.

This funding allows Nashua Transit System to operate service every 30 minutes on our busiest
routes traveling along Amherst Street and Daniel Webster Highway. The Nashua Transit
System maintains compliance with all federal regulations and reporting required for this funding.

If the resolution is favorably recommended for final passage at the May 8", 2017 Human Affairs
Meeting, we respectfully request that the full Board of Alderman suspend its rules on the
following evening May 9", 2017 to allow for the second reading and final passage to occur. This
will allow time for the Mayor to sign all relevant contract forms and staff to submit the required
documentation to State of NH. It is time sensitive as the contract forms must be submitted by
May 15, 2017 in order to be approved by the Governor and Council before the beginning of the
new contract on July 1“, 2017.

cc: Sarah Marchant, Director of Community Development

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.

Board of Aldermen Page 12
June 28, 2016

epidemic going on in this city right now and the police department and the fire department have to battle it
every day. It’s great that the Mayor got the increases that he did so we can keep those people on the streets
but it’s not good enough for the person who doesn’t get help because there wasn’t enough staff because the
demand was too high. The same stressors are at the schools. These problems have increased over the last
few years and instead of responding to them we have simply said well, wnat was good enough five years ago
is good enough now and to me that’s not true.

Alderman Lopez

With regard to Alderman Moriarty’s point regarding state services and city services being comparable, we had
an opportunity to see the state police and the Nashua police department in a joint exercise a few months ago
after a car chase and | was much more impressed with how Nashua conducted itself. | think that speaks to
why you need competitive personnel who are well trained. | know that Nashua Fire Rescue is very respected
in this region as a training center. They do their job while battling extraordinary circumstances; an out of
control heroin epidemic and other factors and | think they have done a great job managing. | don’t disagree
that maybe we could use more officers on the ground and fire stations but with the budget we have right now
we reflected the most immediate need is making sure that the ones that we have are very efficient. | continue
to support the budget.

A Viva Voce Roll Call was taken, which resulted as follows:
Yea: Alderman Wilshire, Alderman Deane, Alderman Dowd, 9
Alderman Caron, Alderman Siegel, Alderwoman Melizzi-Golja

Alderman O’Brien, Alderman Lopez, Alderman McCarthy

Nay: Alderman Clemons, Alderman Cookson, Alderman Schoneman, 6
Alderman McGuinness, Alderman LeBrun, Alderman Moriarty

MOTION CARRIED
Resolution R-16-034 declared duly adopted.

UNFINISHED BUSINESS — ORDINANCES

O-16-011
Endorsers: Alderman Don LeBrun
Alderman Ken Siegel
Alderman David Schoneman
Alderman Tom Lopez
ADOPTING PROVISIONS FOR REDUCED TAXATION FOR CERTAIN CHARTERED
PUBLIC SCHOOL FACILITIES
e Tabled at Full Board Level — 5/10/16

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