Board Of Aldermen - Minutes - 5/31/2016 - P2
Special Board of Aldermen Page 2
May 31, 2016
the Congressional Delegation and they have been very helpful. They contacted federal highway and
discussed the problem which we believe has certainly been of assistance.
Mr. John Vancor, Project Manager, Broad Street Parkway
I’d like to go back to last September when we provided an update to the Infrastructure Committee. At that time
we were really just starting to get an understanding of where this was going. Federal highway and New
Hampshire DOT had a very ostensive coordination effort. Federal highway was reviewing all of their records
as far as the acquisition of the right-of-way goes. Its worth mentioning that when the city took over
management of the Broad Street Parkway, New Hampshire DOT maintained all responsible for all acquisitions
of the right-of-way, the city did not lead any efforts for the acquisition of any property needed. We had learned
and the numbers that we presented at that time last September, we understood that they were concluding that
$8.4 million was the total that was going to need to be reimbursed, $6.9 million was money that they were
looking for the city to repay out of the Broad Street Parkway funds and the rest of that $8.4 million was other
unspent federal funds at the time so that is what we are worried about needing to have reimbursed in order to
make sure, as we have always said that we wanted, all federal funds that were programmed for the Broad
Street Parkway to be spent, we didn’t want to leave any on the table. At the time, federal highway and New
Hampshire DOT had done an evaluation and they felt that there was $8.8 million still remaining in eligible
expenses so from the way they looked at it well, if there’s $8.4 million that has to go back into the system but
there’s $8.8 million they can reimburse it, it’s going to be a wash and the city is going to get all of the money
and all of the federal funds will be spent. We were very concerned and that’s what we reported last
September, we were afraid that there were different aspects that they weren’t quite taking into account and that
there analysis might have missed some things. We continued to work and in December we sat down with New
Hampshire DOT, they agreed with us that in fact the $8.4 million to be reimbursed really should be $9 million
and that the eligible expenses that remained at best would be $7.3 million. Our concerns were well founded
and in September DOT agreed with us that there would be a shortfall if we continued down this path of at least
$1.7 million and | think fair to say more than that, perhaps more than $2 million. At that point we went through
several months and the city was trying to do two things; one is reduce the $9 million that would need to be
reimbursed by reducing what would need to be repaid questioning the basis for the demand for repayment and
at the same time also asking federal highway to look at their past decisions on what was reimbursable or not
reimbursable to try to increase what they would allow to be used as reimbursable expenses; trying to get rid of
that shortfall and frankly we came to an impasse. What has changed and what has given us some reason for
optimism here is that there is a nationwide program that was started this year. Nationally federal highway is
finding that many projects have unspent earmarked funds and they really want to clean the books on those.
What they have proposed in 2016 is for state DOT’s or municipalities to apply to repurpose federal funds that
were earmarked for a particular project that wouldn’t be spent. In repurposing they would like to see if there is
an eligible project that those funds could go to. Therein is what we see as a solution to the problem to avoid
having any federal funds that were supposed to be spent here in Nashua not spent and so what is really under
consideration is at this point the state and federal highway are looking for the city to repay past expenditures in
the amount of $6.86 million. Carrying it through, in order to address that shortfall in eligible expenses that we
can apply that to in order to get that money back to Nashua, discussion has been given to applying to
repurpose $4 million of that that could be used for paving and pavement rehabilitation on major city streets but
the condition is that it would have to be a federally eligible road so generally an urban artillery road or
numbered route; certainly there are streets in need. By doing that we can assure that there is enough
breathing room in that that all of the federal funds will either be spent on the Broad Street Parkway or on
paving Nashua streets or rehabilitating paving on Nashua streets.
Mayor Donchess
Attorney Leonard has been arguing with the federal lawyers for years on this. So they are looking for a check
for $6 million and we are immediately going to get almost $2 million back so that would be a delay regarding
the $4 million. We get $6 million and they give us $2 million back in rough terms in eligible expenses and then
we will repurpose a number of paving projects to become eligible to use the $4 million, that’s basically what
you saying, correct?
