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LEGISLATIVE YEAR 2020

ORDINANCE: O-20-013

PURPOSE: Amending the Zoning Map by rezoning land off of Amherst
Street from Park Industrial (AI) to Park Industrial with Mixed
Use Overlay District (PH/MU)

ENDORSERS: Alderman Richard A. Dowd
COMMITTEE
ASSIGNMENT: Planning and Economic Development Committee
FISCAL NOTE: None.
ANALYSIS

This ordinance changes the zoning from Park Industrial (PD to Park Industrial with Mixed Use
Overlay District (PI/MU) for an area of land located on the southwest side of Amherst Street. A
map showing the location is attached.

State statute (RSA 675:2) and NRO Section 190-132 require a public hearing and referral to the
city planning board. The public hearing is conducted by the aldermanic planning and economic
development committee with notice published in a newspaper of general circulation and posted
in two public places at least ten calendar days prior to the date of the hearing. (Notice period
does not include the day notice is posted or the day of the public hearing. RSA 675:7,1.) A
favorable vote of two-thirds of all the members of the board of aldermen present and voting
would be required if a protest petition is filed pursuant to RSA 675:5.

Approved as to form: Office of Corporation Counsel

By: VPoewtin Co. so~

Date: \q Mireh Goon

LEGEND:

ZONING LEGEND

GH ~OF- Mar UNE
HB HicHWAY Humes. oF
—_— — — — DE & Pe ow
GB SENERAL suuNess

Plo Sami ious

PL/MU PARK ISUTTRIAL/MDD USE OVERLAY

Far (OS ZONE} OND Tre tea tone rate

SOUTH _EASTERLY SAD COMMON ZOHING BOUNDARY 1000 FEET +/— TO
BOUNDARY OF THE (GB ZONE), (PI ZONE) ANO THE (PI/MU ZONE), THENCE
THE

SOUTH WESTERLY FRET + /~ ALONG CENTERUNE OF
BRNE TO Tie WTERSECTION OF “The BOSTON “ane MANE
ZONING BOUNDARY OF THE {Al ZONE), (PI ZONE) AND THE

(NORTH WESTERLY 400 FEET +/'— ALONG THE OF THE BOSTON AND
‘THE SAO (Al ZONE) AMD THE (PI ZONE) TO A POINT, THENCE

SE Sat Tid oe EAD DE RARE OF RI

Sentai paanaatD New Fon oe enn baer neee
TED ON THE (OF DUMAINE AVENUE ANO AN EXTENSION OF THE

COMMOMN: (OF PARCELS (H-113) AND (H-145), THENCE

NORTH WESTERLY 550 FEET +/~ ALONG THE COMMOUN BOUNDARY OF
PANGS CHS), 145) MMO 170) TO A_POINT LOCATED AT THE

NO OF “STATE A GONG THE PROPOSED NEW
TONING BOUNDARY UWE, THENCE

Was ‘pews Toe’ PROPGGED Aw ZOuMG BOUNDARY UNE, 90 Ie PONT OF

BEGINNING.

| | | lt
Rev. | bate | DESCRIPTION | c/o [oR] cK

PROPOSED REZONING EXHIBIT
DEERWOOD DRIVE, DUMAINE AVENUE & STATE STREET
PREPARED FOR:

GIMAK PROPERTIES LLC

7 JENNY HILL LANE NASHUA, NH 02062 (603)-501-0516
NASHUA, NEW HAMPSHIRE
SCALE: 1" = 100" JANUARY 9 2020

SIGNATURE OF SPONSOR

Surveying # Engineering # Land Planning Permitting + Septic Designs

\FIELDST@NE

SE

206 Elm Street, Milford, MH 03055
Phone: (603) 672-5456 Feoc (G03) 413-5456
www.FieldstoneLandConsultants.com

PLE: 21297E01. dm YP PRO NO. 212000] SHEET: ZE-1 | PACE NO, 1 OF SS

A special meeting of the Board of Aldermen was held Wednesday, June 10, 2020, at 7:00 p.m. via Webex.
President Lori Wilshire presided; City Clerk Susan K. Lovering recorded.

Prayer was offered by Deputy City Clerk Nicole Reyes; Alderman Brandon Michael Laws led in the Pledge
to the Flag.

President Wilshire

As President of the Board of Aldermen, | find that due to the State of Emergency declared by the
Governor as a result of the COVID-19 pandemic and in accordance with the Governor's Emergency
Order #12 pursuant to Executive Order 2020-04, this public body is authorized to meet electronically.

Please note that there is no physical location to observe and listen contemporaneously to this meeting,
which was authorized pursuant to the Governors Emergency Order. However, in accordance with the
Emergency Order, | am confirming that we are:

a) Providing public access to the meeting by telephone, with additional access possibilities
by video or other electronic means:

To access Webex, please refer to the agenda or the City’s website for the meeting link:

To join by phone dial: 1-408-418-9388 - Meeting number/access code: 712 759 664

If for some reason you cannot connect to Webex, please contact us at (603) 821-2049 and they will help
you with connectivity. The public may also view the meeting via Channel 16.

The public may also view the meeting via Channel 16.
b) Providing public notice of the necessary information for accessing the meeting:

We previously gave notice to the public of the necessary information for accessing the meeting,
through public postings. Instructions have also been provided on the City of Nashua’s website at
www.nashuanh.gov and publicly noticed at City Hall, Public Health Department and the Nashua
Telegraph.

c) Providing a mechanism for the public to alert the public body during the meeting if there are
problems with access:

If anybody has a problem accessing the meeting via phone or Channel 16, please call 603-821-2049
and they will help you connect.

d) Adjourning the meeting if the public is unable to access the meeting:
In the event the public is unable to access the meeting via the methods mentioned above, the

meeting will be adjourned and rescheduled. Please note that all votes that are taken during this
meeting shall be done by roll call vote.

Board of Aldermen 6-10-2020 Page 2

Let’s start the meeting by taking a roll call attendance. When each member states their presence, please
also state whether there is anyone in the room with you during this meeting, which is required under
the Right-To-Know Law.

City Clerk Lovering 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 15 members of the Board of Aldermen present: Alderman Michael B. O’Brien,
Sr., Alderman Patricia Klee, Alderwoman Shoshanna Kelly, Alderman Richard A. Dowd, Alderman June M.
Caron, Alderman Benjamin Clemons, Alderman Lopez, Alderman David C. Tencza, Alderwoman Elizabeth
Lu, Alderman Ernest Jette, Alderman Jan Schmidt, Alderman Brandon Michael Laws, Alderman Skip
Cleaver, Alderman Linda Harriott-Gathright, Alderman Wilshire.

Mayor James W. Donchess, Corporation Counsel Steven A. Bolton, and Lisa Fauteux, Director of Public
Works were also in attendance.

Alderman O’Brien

Present, | can hear the proceedings, | am alone and | am practicing social distancing.
Alderman Klee

Yes, | am here, | can hear the proceedings, | am practicing social distancing and | am alone.
Alderwoman Kelly

| am here, | am alone, | am practicing social distancing and | can hear everyone.

Alderman Dowd

Yes, | can hear everyone, | am here alone and | am practicing social distancing in accordance with the
Governor's directive.

Alderman Caron

| am here, | can hear everyone, and | am practicing social distancing.

Alderman Clemons

Yes, | am here, | can hear everyone, | am by myself and | am staying home under the Governor's orders.
Alderman Lopez

| am here, | am social distancing, | have nobody with me and | can hear your every word.

Alderman Tencza

| am present, | can hear everybody, and | am staying home per the Governor’s order and no one is in the
room with me.

Alderwoman Lu

| am here alone, hearing you well, | am practicing social distancing.

Board of Aldermen 6-10-2020 Page 3
Alderman Jette

| am here, | am alone, | can hear you and | am obeying the Governor's Order to stay home.
Alderman Schmidt

| am present, | can hear the proceedings, | am alone and | am following the directive for distancing.
Alderman Laws

| am here, | can hear you, | am alone and | am also following the directive for social distancing.
Alderman Cleaver

| am here, | am alone, following social distancing.

Alderman Harriott-Gathright

| am present, | can hear you, | am in this room alone and | am practicing social distancing.

President Wilshire

| am here, | am al one and | am practicing social distancing. Mayor are you on tonight?

Mayor Donchess

Yes, Madam President.

President Wilshire

OK, thank you. And Corporation Counsel, Steve Bolton?

Alderman Dowd

Attorney Clarke is one.

President Wilshire

Attorney Clark, ok very good. And there are a number of other people that maybe we can have them
introduce themselves so that we know that they are here before | turn the meeting over to Alderman Dowd.
Chief Rhodes? Chief?

Chief Rhodes

Good evening, yes, | am here, | am alone and | am honored to be before the Board. Thank you.
President Wilshire

And it looks like David Boucher?

David Boucher, Wastewater Superintendent

Yes, Dave Boucher, Wastewater Superintendent. Thank you for having me.

Board of Aldermen 6-10-2020 Page 4
President Wilshire
Yes. Don Davidson.

Don Davidson, Fire Commissioner

Yes, | am here, | can hear you and | am alone.
President Wilshire
And we have Dorie Clarke.

Dorie Clark, City Attorney

Yes, | am here, happy to participate in the meeting.
President Wilshire

Thank you. We have Deputy Chief Walker.
Deputy Chief Walker

| am here, | can hear you and! am alone.
President Wilshire

And we have John Griffin. And I’m not sure if there is anybody else. If there is, could you identify yourself
please?

David Fredette, City Treasurer

Alderman Wilshire, this David Fredette, City Treasurer.
President Wilshire
Ok thank you.

Kim Kleiner, Director of Administrative Services

Kim Kleiner, Administrative Services.
President Wilshire
Thank you.

Kevin Burgess, Fire Commissioner

Kevin Burgess, Fire Commissioner.
President Wilshire

Anybody else that hasn’t been identified that is part of the meeting?

GPI Engineering | Design | Planning | Construction Management

November 30, 2021

MAX-2019054.02

Camille Correa, Transportation Manager
City of Nashua

11 Riverside Street

Nashua, NH 03062

SUBJECT: Purchase Order: 165142 — Nashua Transit Center Retrofit Fee Amendment Request
Dear Camille:

Attached please find a fee estimate to provide continued construction phase services for the Nashua Transit Center.
This includes resident engineering and construction administration services provided by GPI and architectural
construction support and inspection provided by Samyn D’Elia Architects. Our current contract, dated May 5, 2021,
provided construction phase services, including a full-time resident engineer, for a 17-week time-period which
anticipated construction to be completed and project close out by the end of 2021. The notice to proceed (NTP) for
construction was issued on July 19, 2021. While we have worked efficiently through this period, our current budget
will be fully expended in December and, as you are aware, construction will continue well into 2022. Therefore,
additional funds will be necessary to complete construction phase services through project completion.

The attached fee estimate is based on the current construction schedule provided by the contractor, D.L. King &
Associates, Inc. The schedule estimates exterior construction activities through December 15, 2021, and resuming
April 1, 2022 through May 31, 2022. It is expected that GPI close-out documentation will be performed in June of
2022. Work on the building is scheduled through February 25, 2022 at the earliest.

We estimate that the Resident Engineer will be working full-time through at least January 1, 2022, and part-time (20
hours/week) through March 11, 2022. In mid-March 2022, it is expected that field operations will resume, and the
Resident Engineer will be back on a full-time basis. We also estimate that construction management and
administration will be six hours per week (based on need) through the duration of the contract. Our fee estimate
also includes time for construction support from our architectural subconsultant, Samyn D’Elia Architects, as interior
work is also well beyond the original projected schedule.

The total additional fee requested to continue construction phase services through completion of construction is
estimated at $116,866.69. This will provide resident engineering, field inspection, and construction administration
through June 2022. Reimbursable expenses, project close-out and materials testing remain part of GPI’s original
project scope and do not have increased fees as part of this proposal. A breakdown of the fee estimate is attached.

Should you have any questions about this fee amendment request, please do not hesitate to contact me directly. |
look forward to discussing this request further with you.

Sincerely,
GREENMAN-PEDERSEN, INC.

Tim Lemire, P.E.
Director of Construction Engineering

enclosure(s)
cc: Carolyn Radisch

Greenman-Pedersen, Inc. 181 Ballardvale Street, Suite 202 Wilmington, MA 01887 p 978-570-2999
An Equal Opportunity Employer

Board of Aldermen 6-10-2020 Page 5

John McAllister, Nashua Fire & Rescue

John McCallister, | can hear you, | am home and | am alone.
President Wilshire

Anyone else? OK as is customary, | will turn this meeting over to the Chairman of the Budget Committee,
Alderman Dowd.

Chairman Dowd

Good evening everyone. We have two Public Hearings this evening on two different subjects. We will not
be taking a break between them. We will take a 5-minute break between the Public Hearing and the actual
Budget Meeting. | will be calling for testimony in favor and testimony in opposition twice. If somebody would
like to speak, if you are on video, please raise your hand and | will see you and recognize you. If you are
on the phone, please just state your name and | will try and catch you — if many people are talking at the
same time we will get whoever will like to speak on either one of the items. Vhen we leave the Public
Hearing, we will be going into the Budget Meeting and then the only people that will be able to attend will
be from the Board of Aldermen.

When we include the Public Hearing, before we get into the Budget Meeting, if you have any lingering
questions for Attorney Clarke, Treasurer Fredette or Mr. Griffin, they may not be staying for the entire
regular Budget Meeting so if you have a question, please ask them so that they can sign off.
PUBLIC HEARINGS
R-20-040 AUTHORIZING THE MAYOR AND CITY TREASURER TO BORROW FROM THE NEW
HAMPSHIRE DEPARTMENT OF ENVIRONMENTAL SERVICES STATE REVOLVING LOAN
FUND AN ADDITIONAL AMOUNT NOT TO EXCEED TWO MILLION FIVE HUNDRED
THOUSAND DOLLARS ($2,500,000) FOR PUMP STATION UPGRADES

Chairman Dowd

Is there anyone that is going to speak to that for us from the City? Someone going to present what we are
doing with this motion?

David Fredette, City Treasurer

That would be the Superintendent of Wastewater. This is David Fredette.
Chairman Dowd
Yes. Would the Superintendent please let us know the extent of what we are doing with this particular bond?

David Boucher, Superintendent of Wastewater

Yes this is David Boucher, | don’t know if you can see me, but | am the Superintendent. This bond, currently
we have a sewer pump station upgrade project. The project consists of upgrading 13 sewer pump stations
throughout the City of Nashua. Most of the pump stations were built in the 1960’s and have exceeded their
useful life. So we are doing complete rehabs on all of them; some are receiving new buildings. All are
receiving new pumps, some that didn’t have buildings are receiving buildings. Some only had one pump, now
they are receiving back up pumps. So this is taking place, currently we have six being upgraded currently as
part of Phase I.

Board of Aldermen 6-10-2020 Page 6

And we have Phase Il, this one should be complete around September. We are getting ready to start going out
to bid for Phase II which would be the remainder of the pump stations. So this Resolution is for additional
monies. The project initially started, it was in the works in 2015 so | think the money had a changed over time, a
need for more money, change over time as expenses increased. So this Resolution would help us borrow
more money from the State to cover the cost of Phase Il.

Chairman Dowd

Thank you. Treasurer Fredette, did you want to add anything to that?

Mr. Fredette

No, | didn’t really have anything, unless somebody had a question. But as the Superintendent stated, this is a
loan from the State, not a bond. The requirements, it is a lot easier than going through a bond process, we do
have quite a few loans through the State for Wastewater.

Chairman Dowd

Are there any of the Aldermen that would like a clarifying question before we get started in the Public
Testimony? Alderman Lu?

Alderwoman Lu

Thank you, Chairman Dowd. Could you clarify for me, did you say the $2.5 million will include funds for Phase
II? You started out talking about Phase | and then you mentioned Phase II. So if | could just get clarification?

Mr. Boucher

Yes, we had borrowed enough money for part of Phase Il, it wasn’t enough. We need to borrow an additional
$2.5 million. We are expecting Phase II to cost around $6.1 / $6.2 million, so we need the additional $2.5.

Alderwoman Lu
Thank you. Just to follow up, so you are currently in Phase II.
Mr. Boucher

No, we are currently in Phase |. Phase | should be complete around September. That’s the first six pump
stations.

Alderwoman Lu

Ok and what is the interest rate that the State charges?
Mr. Fredette

That’s listed in the Bond Resolution, it’s 2%.
Alderwoman Lu

Thank you, that’s all.

Board of Aldermen 6-10-2020 Page 7
Chairman Dowd

OK any other questions before we get going in Public Testimony? Seeing none, | will now take testimony in
favor of R-20-040. Is there anyone that would like to speak in favor?

TESTIMONY IN FAVOR - None

TESTIMONY IN OPPOSITION - None

TESTIMONY IN FAVOR - None

TESTIMONY IN OPPOSITION - None

Chairman Dowd
| will now close the Public Hearing on R-20-040. The next item for Public Hearing is R-20-041.

R-20-041 APPROVING THE COST ITEMS OF A COLLECTIVE BARGAINING AGREEMENT
BETWEEN THE MAYOR AND THE BOARD OF FIRE COMMISSIONERS OF THE CITY
OF NASHUA, NEW HAMPSHIRE AND LOCAL #789, INTERNATIONAL ASSOCATION OF
FIRE FIGHTERS FROM JULY 1, 2019 THROUGH JUNE 30, 2023 AND AUTHORIZING A
RELATED TRANSFER AND SUPPLEMENTAL APPROPRIATION

Chairman Dowd
Who from the City would like to present the City’s point of view on this?
Mr. Davidson

This is Chairman Davidson, | would ask and yield to the Chief and | will make comments afterwards, thank
you.

Fire Chief Brian Rhodes

Good evening everyone. Thank you for the opportunity to testify before you. No one knew we would be
facing the pandemic or the situation that we are in. | have faithfully served this City for over 33 years. And
in those 33 years it has never been a good time for the Fire Fighters. The Fire Fighters have historically —
well first let me back, full transparency. | have paid Union Dues for Local 789 for 29 % years. | no longer
pay any dues, | roll the fire trucks they ride on, | crawl down the hallways they crawl down, | do the Safe
Station calls they do today, that we started 3 % almost 4 years ago.

This contract negotiations was not easy. We did not roll over as a City, we did not roll over as a Fire
Administration. And there was some healthy dialogue along the way. The letter that you all received from
Fire Private Michael O’Brien, Jr. was very factual: extremely factual. The Fire Fighters of Local 789 are not
looking for parity with our brothers and sisters of the Nashua Police Department. They are looking to close
the gap. And that document that you got clearly is spelled out, the disparities and the differences between
all levels of both organizations. Now both organizations, and again, | am in no way, shape, or form
speaking against our Police Department, because we have the best Police Department in New England; we
have the best Fire Department in New England.

| didn’t want to bring this up at this point because it’s not really factual but | am going to because | think you
need to hear this as the Board of Aldermen. So the Management Study that you approved for our
Organization has been sidetracked a little bit. But through that process, the lead for Emergency Services
Consulting International, one of the things that they do is they look at our past studies and they look at our
past ISO ratings, which determines business insurance rates.