MASSING STUDIES
OTJ
ARCHITECTS
NASHUA PERFORMING ARTS CENTER
B-ICON CURVED FORM FEBRUARY 13, 2019
ARCHITECTURE
NEXT STEPS / SCHEDULE
DESIGN PHASE DURATION SCHEOULE CONSTRUCTION
PHASE
Existing Conditions 4 weeks January 16 — February 13,
Measuring/Documentation 2019
Programming 4 weeks January 16 — February 13
Schematic Design Phase 3 weeks February 18 - April 12
® Exploratory Demolition ploratory
Package Release Demolition Work
May 2019
« Cost 3 weeks April 15 - May 3
Estimates/Recanciliation
Design Development Phase 12 weeks May 6 - July 26
© Meet with Eversource Mid-June
mid-GD to discuss
rebates oe
« Cost 3 weeks July 15 - August 2 2 py
Estimates/Reconciliation < =
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* Demolitlon/Abatement August 2019 ° a
Package Release E 5
Construction Documentation 16 weeks August 5 —- November 22 5 <=
Phase 5
Dema/Abatement Phase 4 weeks September-October 2019
Construction Administration 52 weeks January 2020 - January Es
Phase 2021 &
NASHUA PERFORMING ARTS CENTER
ICON FEBRUARY 13, 2079
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JANUARY 390, 2019
A regular meeting of the Board of Aldermen was held Tuesday, March 22, 2016, at 7:30 p.m. in the Aldermanic
Chamber.
President Brian S. McCarthy presided; City Clerk Patricia D. Piecuch recorded.
Prayer was offered by City Clerk Patricia D. Piecuch; Alderman David Schoneman led in the Pledge to the
Flag.
The roll call was taken with 14 members of the Board of Aldermen present; Alderwoman Melizzi-Golja was
recorded absent.
Mayor James W. Donchess and Corporation Counsel Steven A. Bolton were also present.
REMARKS BY THE MAYOR
Mayor Donchess
First | wanted to update you on the event that happened over the weekend which is Awareness is Healing, the
Walk against Heroin. Some of you may have been there, but there was so many people, 800 or so, started at
Greeley Park, walked all the way to City Hal and then back to Greeley Park. There was so many people there
I’m not sure | would have seen you. It was a great event. It was organized by Darlene Pena. The turnout was
fantastic, and | think it was something that will help support the families that are deeply affected by the problem
of opioid addiction and also provide some comfort to those who have suffered a personal loss as the result of
that public health epidemic. In any event, it was a great event.
Last night we held the Fight for Rail meeting at city hall. We wanted to schedule that on short notice. Maybe
we could have done a better job in terms of coordinating it with the aldermanic schedule. We set it up on short
notice after the House voted to delete that $4 million from the transportation plan submitted by the Governor.
The Rail meeting, many of you came after meeting here at city hall, and | really appreciate that. As you saw
there’s a lot of support and interest in the rail initiative in Nashua. We had a number of members of the Board
of Aldermen, a hundred and some people, as well as the DOT Commissioner, Victoria Sheehan, who is a
Nashua resident. That went very well.
On tonight's agenda we have four appointments that | think are significant. There are three people for the
Cultural Connections Committee. | think they are all here, but | am not positive. Rafael Calderon, Sylvia Gale
and Deepa Mangalat all have been very active in Nashua for a long, long time. Those people, | am sure, will
do a very good job on the Cultural Connections Committee. | hope you all will, and I’m sure you will, endorse
the committee’s recommendation and confirm them for the cultural affairs committee. Also we have Simon
Sarris, for the Downtown Improvement Committee. Simon is a young man in Nashua who lives downtown,
grew up in Nashua, went to BG, works downtown and lives downtown just north of the river. | think he will
provide a very unique perspective, his own and unique perspective to the Downtown Improvements
Committee. | thought he provided some rather interesting insights when he testified before the Personnel
Committee. | hope you will also agree with the Personnel Committee there.
There were two items that | was hoping you would suspend the rules to consider. One is the recognizing and
congratulating Dody Eid, who is a high school student and who has accomplished something very significant
which is that he was selected for the US Senate Youth Program, one of only two people in New Hampshire.
We have a resolution which | believe has been endorsed by everyone. Dody is a resident of Ward 9, so | think
when we give that to Dody Alderman Siegel may be reading the resolution.
Finally there are a couple of appointments which we hope you will bring in under suspension. One is my
designee on the Planning Board. The timing is such that if we wait until the next meeting in April to introduce
those they wouldn’t get considered until late May. | was hoping you would consider accepting those under a
suspension of the rules. With that, that’s all | have, Mr. President.
AGENDA MEETING OF THE BOARD OF ALDERMEN FEBRUARY 26, 2019
1.
Oo NO oO #
9(a).
9(b).
10.
11.
12.
13.
PRESIDENT LORI WILSHIRE CALLS ASSEMBLY TO ORDER
PRAYER OFFERED BY CITY CLERK PATRICIA PIECUCH
PLEDGE TO THE FLAG LED BY ALDERMAN-AT-LARGE BRANDON MICHAEL LAWS
ROLL CALL
REMARKS BY THE MAYOR
RESPONSE TO REMARKS OF THE MAYOR
RECOGNITIONS
READING OF MINUTES OF PREVIOUS MEETINGS
Special Board of Aldermen .. . be cde ste ctesteeteeereeeeseseees 02/19/2019
Board of Aldermen Mayor's State- of- the- “ity Address... bitttttteetttteeeeeseeees 02/19/2019
Board of Aldermen.. beeen bebe eee eee see ee tte et tee tee ttttet tte ttttttteeereeees 02/19/2019
COMMUNICATIONS REQUIRING ONLY PROCEDURAL ACTIONS AND WRITTEN REPORTS
FROM LIAISONS
From: Len Fournier, Superintendent, Woodlawn/Pinewood Cemeteries
Re: Request for Joint Convention with the Woodlawn/Pinewood Cemeteries Board of Trustees
PERIOD FOR PUBLIC COMMENT RELATIVE TO ITEMS EXPECTED TO BE ACTED UPON
THIS EVENING
COMMUNICATIONS REQUIRING FINAL APPROVAL
From: Celia K. Leonard, Deputy Corporation Counsel
Re: Environmental Indemnity and Release Agreement
PETITIONS
NOMINATIONS, APPOINTMENTS AND ELECTIONS
Appointments by the Mayor
REPORTS OF COMMITTEE
Finance Committee... 0.0.0... cece cece cee cee cee eee ceseee cae aecetetererevavaveunenerereras 02/20/2019
CONFIRMATION OF MAYOR'S APPOINTMENTS
UNFINISHED BUSINESS — RESOLUTIONS
R-18-073, Amended
Endorsers: Alderman-at-Large Brian S. McCarthy
Alderwoman-at-Large Shoshanna Kelly
Alderman-at-Large Michael B. O’Brien, Sr.
Alderman Jan Schmidt
Alderman Tom Lopez
Alderman-at-Large Brandon Michael Laws
Alderwoman Mary Ann Melizzi-Golja
PROPOSING AN AMENDMENT TO THE CITY CHARTER RELATIVE TO FILLING VACANCIES ON
ELECTED BOARDS BY MAJORITY VOTE OF THE REMAINING MEMBERS OF THAT BOARD
Amended and Tabled pending Public Hrg scheduled for 3/12/2019 at 7 PM in the Chambers
R-19-110
Endorsers: Mayor Jim Donchess
Alderman-at-Large David C. Tencza
Alderwoman Mary Ann Melizzi-Golja
Alderwoman-at-Large Shoshanna Kelly
Alderman June M. Caron
Alderman Tom Lopez
Alderman-at-Large Brandon Michael Laws
Alderman Patricia Klee
Alderman Linda Harriott-Gathright
Alderman-at-Large Michael B. O’Brien, Sr.
Alderman-at-Large Lori Wilshire
AUTHORIZING THE CITY OF NASHUA TO ENTER INTO A LEASE AGREEMENT WITH MAKEIT
LABS, CORP. FOR 25 CROWN STREET
e Finance Committee Recommends: Final Passage
UNFINISHED BUSINESS — ORDINANCES
NEW BUSINESS — RESOLUTIONS
R-19-113
Endorsers: Mayor Jim Donchess
Alderwoman-at-Large Shoshanna Kelly
ADOPTING ENVIRONMENT AND ENERGY COMMITTEE RECOMMENDATIONS
NEW BUSINESS — ORDINANCES
O-19-039
Endorser: Alderman Patricia Klee
AUTHORIZING STOP SIGNS AT THE INTERSECTION OF FAIRMOUNT STREET AND CHARLES
STREET
PERIOD FOR GENERAL PUBLIC COMMENT
REMARKS BY THE MEMBERS OF THE BOARD OF ALDERMEN
Committee announcements:
ADJOURNMENT
Chairman Len Fournier - Superintendent Vice Chairman
NILES F. JENSEN JR. Mayor JIM DONCHESS - Ex-Officio DANIEL A. BUSLOVICH
Secretary 101 Kinsley Street Treasurer
BARBARA A. WHITMORE Nashua, New Hampshire 03060 DAVID G. FREDETTE
Phone: (603) 594-3354 Fax: (603) 594-3418
February 19, 2019
Nashua Board of Alderman
Attn: Susan Lovering
City Hall
Nashua, NH 03060
Dear Susan,
Would you please schedule a Joint Convention with the Alderman to re-nominate Daniel
Buslovich and Howard Frizzell to new five year terms as Trustees of Woodlawn/Pinewood
Cemeteries.
Thank You,
Len Fournier
Superintendent
Woodlawn/Pinewood Cemeteries
CC: Niles Jensen, Chairmen of Trustees
Incorporated 1895
CITY OF NASHUA
OFFICE OF CORPORATION COUNSEL
Memorandum
To: Board of Aldermen
CC: Sue Lovering, Legislative Affairs Manager
From: Celia K. Leonard, Deputy Corporation Counsel
Date: February 20, 2019
RE: _ Environmental Indemnity and Release Agreement
The City acquired L Putnam Street, Tax Map 62, Lot 83, on the corner of Amherst and Putnam
Street (“Parcel”) in February 1975 for an early alignment of the Broad Street Parkway. The
Parcel was not used for the as-built alignment of the Parkway and was declared surplus by
Resolution R-11-134. The City sold the Parcel at auction on December 12, 2014 to the highest
bidder, Mr. Larry Kittle.
The Parcel was identified as an “asbestos disposal site” (“ADS”) at least as of November 2007 in
documentation submitted to the City and therefore subject to New Hampshire law and
regulations regarding ADS. Due to the passage of time and a lack of awareness, the Parcel was
sold without the required asbestos notice in the chain of title, and without the required asbestos
information in the marketing literature.
Mr. Kittle engineered and permitted 3 2-family buildings on the Parcel and in the process learned
of the asbestos from the NH DES. He desired to keep the Parcel even after learning of the
asbestos if he could engineer and permit a viable cost effective alternative and if he was
reimbursed, at least in part, for costs associated with the first permitting process and the
purchase. Mr. Kittle paid market rate for a “clean” site and has paid taxes on that value. He has
since received approval for 2 3-family buildings on the Parcel and would like to finalize the
attached agreement.
This property has been off the tax roll since the mid-70’s. With this agreement, the City will be
spared the additional time and expense of having to repurchase and remarket the Parcel with
appropriate disclosures. To have more housing options developed in the city and producing
taxes on the lot is an accomplishment. Lastly, it is worth noting that Mr. Kittle has been
amendable and courteous throughout this process.
I am requesting the approval of the full Board of Aldermen for the Mayor to execute the attached
agreement. The funds will come out of the Broad St. Parkway Account 1061.60.
Environmental Indemnity and Release Agreement
THIS AGREEMENT is made as of the __ day of , 2019 (“Effective Date”) by
and between the City of Nashua, a New Hampshire municipal corporation, with an address of
229 Main Street, Nashua, NH 03061 (“City”) and Larry Kittle, with an address of 166 Amherst
Street, Merrimack, NH 03054, (“Buyer”).
WHEREAS, City acquired L Putnam Street, Tax Map 62, Lot 83 (“Parcel 83”) by deed
of Roland Soucy and Katherine Soucy dated February 12, 1975, and recorded in the
Hillsborough County Registry of Deeds at Book 2389, Page 518;
WHEREAS, Buyer was the highest bidder at a City auction on December 12, 2014, for
two (2) certain tracts or parcels of land located in the City of Nashua, County of Hillsborough
and State of New Hampshire, being more particularly described as 78 Amherst Street, Tax Map
62, Lot 85 (“Parcel 85”) and Parcel 83;
WHEREAS, Buyer paid $75,367.74 plus an auctioneer’s fee of $7,536.77 for a total of
$82,904.51 for Parcel 83;
WHEREAS, by Quitclaim Deed dated January 14, 2015, City deeded the parcels to
Buyer, said deed being recorded in the Hillsborough County Registry of Deeds at Book 8721,
Page 2511;
WHEREAS, Buyer was granted variances by the City’s Zoning Board of Adjustment on
July 28, 2015, and a lot line relocation and three lot subdivision by the City’s Planning Board on
December 3, 2015, to construct three (3) two-family buildings on Parcel 83 and to move the
driveway for Parcel 85;
WHEREAS, on or around December 17, 2016, Buyer notified City that asbestos was
found on Parcel 83 where he recently had started to prepare the land for the new duplexes;
WHEREAS, after inquiry, City discovered that Parcel 83 was listed as “Amherst Street
(Former ADS 258)” Master Id: 59711 (aka “Amherst Street and Putnam Street”) on the publicly
available “Onestop” on-line database of the New Hampshire Department of Environmental
Services as an “Asbestos Disposal Site (Inactive), with a “Preliminary Assessment/Site
Investigation Report” dated November 13, 2007;
WHEREAS, under NH RSA 141-E:2, III, Parcel 83 is an “Asbestos disposal site,” with
asbestos waste buried prior to July 10, 1981, and therefore subject to Administrative Rules Eny-
Sw 2100;
WHEREAS, state rules require disclosure of buried asbestos to potential buyers and
recording notice of the presence of buried asbestos within the chain of title to the property in the
Hillsborough County Registry of Deeds (see Env-Sw 2104.08), which notice was not provided;
WHEREAS, Buyer’s Purchase Agreement and Deposit Receipt stated that the parcels
were being sold “AS IS, WHERE IS” without any warranty as to their use or condition
whatsoever and subject to all matters of record which may impact the use of the parcels;
WHEREAS, Buyer wishes to retain title to Parcel 83 and develop the property but has
incurred expenses, including purchase price, taxes, and engineering costs, and will incur
mitigation costs to address the asbestos;
WHEREAS, City is desirous of responsible development; and
WHEREAS, the parties desire to compromise, settle, buy complete peace from, and
terminate any and all known and unknown disputes, claims, controversies, demands, actions,
causes of action, and litigation as exist between them arising from or in any way related to the
transfer of title for Parcel 83 and the asbestos therein, and in order to avoid the risk, nuisance
time, and expense of any litigation.
NOW, THEREFORE, in consideration of the recitals stated above, which are hereby
incorporated into this Agreement and made a part hereof, and in consideration of the mutual
promises, covenants, agreements, representations and warranties contained herein, the receipt
and sufficiency of which are hereby acknowledged, it is agreed between the parties as follows:
1. Payment and Recording of Notice. City shall pay Buyer $83,081.81 within 10
businesses days of Buyer executing this Agreement. Buyer shall execute concurrently with this
Agreement, and the City shall cause to be recorded in the Hillsborough County Registry of
Deeds, a notice of asbestos substantially in the form attached hereto as Exhibit A.
2s General Release of Claims by the City of Nashua. In consideration of the mutual
promises, covenants, agreements, and representations contained herein, the City, on behalf of
itself and its officers, employees, officials, representatives, agents and assigns, fully release
Larry Kittle, and his successors, heirs and assigns, from all known and unknown claims, causes
of action, suits, litigation, demands, and obligations of every kind, including claims for damages,
attorneys’ fees and any other form of relief available at law or in equity, which the City has or
may have by means of any matter, cause, or thing whatsoever from the beginning of time to the
Effective Date of this Agreement. Without limiting the generality of the foregoing, this release
includes all matters arising out of or in connection with the transfer of title of Parcel 83 from the
beginning of time to the Effective Date of this Agreement, including, but not limited to any and
all claims which could have been set forth regarding asbestos on the parcel.
3. General Release of Claims by Larry Kittle. In consideration of payment
described in Paragraph 1 above, and the mutual promises, covenants, agreements, and
representations contained herein, Larry Kittle, on behalf of himself and his successors, heirs and
assigns, agents, and insurers, fully release the City and its officers, employees, officials,
representatives, agents and assigns, from all known and unknown claims, causes of action, suits,
litigation, demands, and obligations of every kind, including claims for damages, attorneys’ fees
and any other form of relief available at law or in equity, which Larry Kittle has or may have by
means of any matter, cause, or thing whatsoever from the beginning of time to the Effective Date
Environmental Indemnity and Release Agreement
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