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Board Of Aldermen - Agenda - 4/11/2017 - P6

By dnadmin on Sun, 11/06/2022 - 21:56
Document Date
Tue, 04/11/2017 - 00:00
Meeting Description
Board Of Aldermen
Document Type
Agenda
Meeting Date
Tue, 04/11/2017 - 00:00
Page Number
6
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/boa_a__041120…

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

Page Image
Board Of Aldermen - Agenda - 4/11/2017 - P6

Board Of Aldermen - Agenda - 4/11/2017 - P7

By dnadmin on Sun, 11/06/2022 - 21:56
Document Date
Tue, 04/11/2017 - 00:00
Meeting Description
Board Of Aldermen
Document Type
Agenda
Meeting Date
Tue, 04/11/2017 - 00:00
Page Number
7
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/boa_a__041120…

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.

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Board Of Aldermen - Agenda - 4/11/2017 - P7

Board Of Aldermen - Agenda - 4/11/2017 - P8

By dnadmin on Sun, 11/06/2022 - 21:56
Document Date
Tue, 04/11/2017 - 00:00
Meeting Description
Board Of Aldermen
Document Type
Agenda
Meeting Date
Tue, 04/11/2017 - 00:00
Page Number
8
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/boa_a__041120…

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.

Page Image
Board Of Aldermen - Agenda - 4/11/2017 - P8

Board Of Aldermen - Agenda - 4/11/2017 - P9

By dnadmin on Sun, 11/06/2022 - 21:56
Document Date
Tue, 04/11/2017 - 00:00
Meeting Description
Board Of Aldermen
Document Type
Agenda
Meeting Date
Tue, 04/11/2017 - 00:00
Page Number
9
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/boa_a__041120…

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

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Board Of Aldermen - Agenda - 4/11/2017 - P9

Board Of Aldermen - Agenda - 4/11/2017 - P10

By dnadmin on Sun, 11/06/2022 - 21:56
Document Date
Tue, 04/11/2017 - 00:00
Meeting Description
Board Of Aldermen
Document Type
Agenda
Meeting Date
Tue, 04/11/2017 - 00:00
Page Number
10
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/boa_a__041120…

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.

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Board Of Aldermen - Agenda - 4/11/2017 - P10

Board Of Aldermen - Agenda - 4/11/2017 - P11

By dnadmin on Sun, 11/06/2022 - 21:56
Document Date
Tue, 04/11/2017 - 00:00
Meeting Description
Board Of Aldermen
Document Type
Agenda
Meeting Date
Tue, 04/11/2017 - 00:00
Page Number
11
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/boa_a__041120…

“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

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Board Of Aldermen - Agenda - 4/11/2017 - P11

Board Of Aldermen - Agenda - 4/11/2017 - P12

By dnadmin on Sun, 11/06/2022 - 21:56
Document Date
Tue, 04/11/2017 - 00:00
Meeting Description
Board Of Aldermen
Document Type
Agenda
Meeting Date
Tue, 04/11/2017 - 00:00
Page Number
12
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/boa_a__041120…

HOLLIS __
MERRIMACK

GI

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Board Of Aldermen - Agenda - 4/11/2017 - P12

Board Of Aldermen - Agenda - 4/11/2017 - P13

By dnadmin on Sun, 11/06/2022 - 21:56
Document Date
Tue, 04/11/2017 - 00:00
Meeting Description
Board Of Aldermen
Document Type
Agenda
Meeting Date
Tue, 04/11/2017 - 00:00
Page Number
13
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/boa_a__041120…

VO) PENNICHUCK 25 MANCHESTER STREET

PO BOX 1947
MERRIMACK, NH 03054-1947

(603) 882-5191
FAX (603) 913-2305

VIA HAND DELIVERY WWW. PENNICHUCK.COM
March 30, 2017

Mr. Brian McCarthy, President
Board of Aldermen

City of Nashua

229 Main Street

Nashua, NH 03060

Dear President McCarthy:

On behalf of the Pennichuck Corporation Board of Directors, I am enclosing the following items
with respect to the Annual Meeting of Sole Shareholder to be held on Saturday, May 6, 2017, at
the Crowne Plaza, 2 Somerset Parkway, in Nashua:

1. Notice of Annual Meeting of Sole Shareholder and Proxy Statement;
2. Proxy Card; and

3. Annual Report to the Sole Shareholder (includes the Audited Consolidated
Financial Statements for December 31, 2016 and 201 5).

Please contact Thomas J. Leonard, Chairman of the Board of Directors, or me, if you need
further information.

Regards,

sie

D. Goodhue
Chief Executive Officer,
Chief Financial Officer
and Treasurer

ce. Mayor James Donchess
Board of Aldermen
Steven Bolton, Corporation Counsel
Patricia Piecuch, City Clerk

Page Image
Board Of Aldermen - Agenda - 4/11/2017 - P13

Board Of Aldermen - Agenda - 4/11/2017 - P14

By dnadmin on Sun, 11/06/2022 - 21:56
Document Date
Tue, 04/11/2017 - 00:00
Meeting Description
Board Of Aldermen
Document Type
Agenda
Meeting Date
Tue, 04/11/2017 - 00:00
Page Number
14
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/boa_a__041120…

Va PENNICHUCK

PENNICHUCK CORPORATION
25 Manchester Street
Merrimack, New Hampshire 03054

NOTICE OF ANNUAL MEETING OF SOLE SHAREHOLDER
To be Held on May 6, 2017

To the City of Nashua, New Hampshire, in its capacity as the Sole Shareholder of Pennichuck
Corporation:

In accordance with the By-Laws of Pennichuck Corporation and applicable laws, Pennichuck
Corporation hereby provides notice that you are cordially invited to attend the Annual Meeting
of Sole Shareholder of Pennichuck Corporation. The City of Nashua, New Hampshire, is the
Sole Shareholder of Pennichuck Corporation.

The Annual Meeting will be held at the Crowne Plaza, 2 Somerset Parkway, Nashua, New
Hampshire, on Saturday, May 6, 2017 at 9:00 a.m., for the following purpose:

1. To elect four directors, each for a three-year term, and until their
successors are elected and qualified.

To facilitate the City’s review of the matters to be addressed at the Annual Meeting, the
Pennichuck Corporation Board of Directors have approved the delivery of the Proxy Statement
attached to this Notice.

By Order of the Board of Directors,

othe

LARRY D. GOODHUE
Chief Executive Officer,
Chief Financial Officer
and Treasurer

Merrimack, New Hampshire
March 30, 2017

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Board Of Aldermen - Agenda - 4/11/2017 - P14

Board Of Aldermen - Agenda - 6/28/2016 - P7

By dnadmin on Sun, 11/06/2022 - 21:34
Document Date
Tue, 06/28/2016 - 00:00
Meeting Description
Board Of Aldermen
Document Type
Agenda
Meeting Date
Tue, 06/28/2016 - 00:00
Page Number
7
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/boa_a__062820…

Jim Donchess
Mayor e City of Nashua

To: Board of Aldermen
From: Jim Donchess
Date: 6/16/16

Re: Contract Award to Pictometry

Pursuant to NRO § 5-74 (B}, which states that 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 approved the award of the below referenced contract at their June 15, 2016
meeting. | am requesting the concurrence and approval of the full Board of Aldermen for the award of the
following contract:

Contract award to Pictometry - Attached please find Purchasing Manager’s Memo # 16-133 regarding this
contract. This contract is for the next six (6) years commencing on July 1, 2016.

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

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Board Of Aldermen - Agenda - 6/28/2016 - P7

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