Aldermen, Board of
Regular MeetingNashua, NH · March 8, 2011
Minutes
A regular meeting of the Board of Aldermen was held Tuesday, March 8, 2011 at 7:30 p.m. in the
Aldermanic Chamber.
President Brian S. McCarthy presided; City Clerk Paul R. Bergeron recorded.
Prayer was offered by City Clerk Paul R. Bergeron; Alderman Wilshire led in the Pledge to the Flag.
The roll call was taken with 15 members of the Board of Aldermen present; Alderman Cookson arrived after roll
call at 7:32 p.m.
Her Honor Mayor Donnalee Lozeau and Corporation Counsel James M. McNamee were also in attendance.
REMARKS BY THE MAYOR
Thank you, Mr. President. I have two items that I would mention this evening. The first is for those of you
out there that have taken the time to clean catch basins and worry about things like that, it was very helpful
during the heavy rains with those catch basins open. Of course, they continue to be a challenge as do
some of the culverts but as many of you know, we’ve also removed snow in places where we had flooding
issues and that was helpful to do that. I just wanted to take a moment and say thank you and mention to
the Board and any of your constituents that you call or see relative to issues surrounding that, it would be
great to tell them thank you as well.
On a sad note, I would just give my condolences to the Conway family who lost Mrs. Jane Conway this
week. She was a very thoughtful, caring, charitable volunteer in our community. The Conway name is on a
few things here and there in Nashua. I know many of you know her, or have known of her if not known her,
and her family remains just as charitable and dedicated to this community as she always was and I just
wanted to pass on my sincere sympathies. Thank you, Mr. President.
RESPONSE TO REMARKS OF THE MAYOR – None
RECOGNITION PERIOD
R-11-95
Endorsers: Mayor Donnalee Lozeau
Board of Aldermen
HONORING PASTOR ROBERT “ODIE” ODIERNA
Given its second reading;
MOTION BY ALDERMAN VITALE FOR FINAL PASSAGE OF R-11-95
MOTION CARRIED
Resolution R-11-95 declared duly adopted.
READING MINUTES OF PREVIOUS MEETINGS
MOTION BY ALDERMAN CLEMONS THAT THE MINUTES OF THE BOARD OF ALDERMEN
MEETINGS OF FEBRUARY 15, 2011, FEBRUARY 22, 2011, AND THE PUBLIC HEARINGS
CONDUCTED BY THE COMMITTEE ON INFRASTRUCTURE AND THE PLANNING & ECONOMIC
DEVELOPMENT COMMITTEE OF MARCH 1, 2011, BE ACCEPTED, PLACED ON FILE, AND THE
READINGS SUSPENDED
MOTION CARRIED
COMMUNICATIONS – None
PERIOD FOR PUBLIC COMMENT RELATIVE TO ITEMS EXPECTED TO BE ACTED UPON THIS
EVENING - None
Bd. of Aldermen – 03/08/11 Page 2
PETITIONS
Petition for Street Discontinuance: A Portion of Dozer Road (So-Called)
MOTION BY ALDERMAN COX TO GRANT THE PETITION FOR STREET DISCONTINUANCE
MOTION CARRIED
NOMINATIONS, APPOINTMENTS AND ELECTIONS – None
REPORTS OF COMMITTEE
Committee on Infrastructure ................................................................ 03/01/11
There being no objection, President McCarthy declared the report of the March 1, 2011
Committee on Infrastructure accepted and placed on file.
Planning & Economic Development Committee................................... 03/01/11
There being no objection, President McCarthy declared the report of the March 1, 2011
Planning & Economic Development Committee accepted and placed on file.
WRITTEN REPORTS FROM LIAISONS – None
CONFIRMATION OF MAYOR'S APPOINTMENTS - None
UNFINISHED BUSINESS – RESOLUTIONS
Alderman Pressly
I would like to bring up an issue at this time. Having voted in the affirmative on R-11-91 at the previous
meeting, I move for reconsideration, and I wish to speak to it.
MOTION BY ALDERMAN PRESSLY TO RECONSIDER RESOLUTION R-11-91
ON THE QUESTION
Alderman Pressly
I am extremely frustrated, and I do not know where to begin. I consider this one of the most important
development projects that the City has on its agenda.
Alderman Melizzi-Golja
Excuse me. Alderman Pressly just for people who are watching and may not be familiar, if you might want
to at least let them know what R-11-91 is in reference to. I’m sorry.
Alderman Pressly
Authorizing the Submission of an Application to the U.S. Department of Housing and Urban Development
Section 108 Loan Guarantee Program and Requesting a Revision to the Brownfields Economic
Development Initiative Grant for Cotton Mill Square, LLC.
Bd. of Aldermen – 03/08/11 Page 3
Alderman Melizzi-Golja
Thank you.
Alderman Pressly
Thank you for noticing that. I’m not sure where to begin tonight other than to say I am extremely frustrated.
This is one of the largest probably most significant important tasks that this board will have second only to
the Broad Street Parkway is this significant to the City and to everyone involved. I’m frustrated with the
process and how we have done this and I’m extremely concerned. I think there have been numerous flaws
in the process. I think 99% of the flaws rest with the Board of Aldermen not with the applicant. I would like
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to read to you from a meeting that took place on January 27 before the Human Affairs Committee. On
page 7, the attorney for the project is speaking and says; “Excuse me Madam Chairman, but I think we are
here on another matter, not the CDBG. That is on the joint committee that we had talked about.” Chairman:
“This is the public hearing portion where we would identify future needs so you are more than welcome to
come up and do your presentation now.” The attorney; “Is the Planning & Economic Development
Committee coming for this meeting?” answer: “No.” The attorney: “I think my letter and your e-mail back to
me had been we were going to try to get the two committees together.” Chairman: “When I spoke to
Alderman Tabacsko he actually is at a School Construction Committee meeting tonight and I think half of us
were supposed to be there too. We had a conflict, but we thought this public hearing was a good
opportunity for you to come forward.”
My understanding, and please understand I don’t know all of the answers to this, but I’m really confused.
My understanding is that this was the routine CDBG hearing where most of the non-profits come forth and
ask for their portion of the money, and for whatever reason this major multi-million dollar project was added
to their agenda. It turns out there are four financial pieces for this project and for whatever reason they
were assigned to the Human Affairs Committee. According to their attorney, it was expected that there
would be a joint session with the Planning & Economic Development Committee because other parts will be
coming to our committee. If you think of the words of our committee, there is nothing more explicit about
planning & economic development than this project. It turns out it has been discussed at length at the
Community Development Division, Mr. Galligani who is in charge of development has been working on this
for years, but for some reason the committee that I serve on that I had expected to be part of this project
was excluded.
As it developed, as most of us know we had to have a special meeting to deal with it because it turned out, I
believe that this attorney was absolutely correct, that was not the appropriate public hearing to deal with this
project and this funding, and therefore, as we all know we had to have an emergency last minute meeting,
we were not able to abide by the normal requirement for notification just because there was an error made
and there was not a public hearing at the right time.
President McCarthy
Alderman Pressly I need to correct you on the process. The attorney requested that the two committee
meet. There was nothing in the development request that required an action on the part of the Planning &
Economic Development Committee…
Alderman Pressly
I’m well aware…
President McCarthy
…it meets all of the zoning codes, it meets the planning regulations, there was nothing anticipated that
would come to this board. The hearing that they came to was the future needs assessment for I believe not
Bd. of Aldermen – 03/08/11 Page 4
only CDBG but HOME funds as well, which is what the requests were to guarantee a loan with the proceeds
of CDBG and to obtain HOME funds. Those two things are always referred to the Human Affairs Committee
so that was in fact the correct hearing for them to introduce the concept at and it was the correct committee
for those things to be referred to…
Alderman Pressly
I’m well aware of that…
President McCarthy
…there is nothing before us that required Planning & Economic Development. Their attorney may not have
been aware of that when he requested the meeting, but just because someone suggests to us what they
think the action of this board should be that doesn’t mean that is what we would do. We did what we do on
our procedure, which was to send it to the Human Affairs Committee…
Alderman Pressly
…I’m well aware of that, however, there was much discussion along the way that there would be a joint
meeting with these two committees. Apparently, there was communication between this attorney and
Alderman Wilshire, according to the minutes, that this would take place. I believe that the Mayor at one
point suggested both meetings and even yourself Mr. President…
President McCarthy
The Mayor had asked that would be a good venue…
Alderman Deane
Point of Order Mr. President…
Alderman Pressly
rd
…on March 3 …
President McCarthy
Alderman Deane.
Alderman Deane
I have a Point of Order. Mr. President I would say if you are going to debate…
President McCarthy
I’m not debating; I’m simply stating the facts of what…
Alderman Deane
…well you are stating, you are debating. Your facts, you may consider them facts, they may not be facts…
President McCarthy
Alderman Pressly is quoting…
Bd. of Aldermen – 03/08/11 Page 5
Alderman Deane
…I don’t know…
President McCarthy
…a conversation that I and the Mayor were part of. I would expect that I am the expert on what took place
in that conversation…
Alderman Deane
I’m not debating whether you’re an expert or not I just think if you are going to partake in this discussion I
think you should step down and allow Alderman Clemons to run the meeting.
President McCarthy
I am in fact by the rules of order allowed to give information on which I have specific knowledge from the
Chair.
Alderman Pressly
rd
Thank you. May I point out on page 6 of the March 3 meeting, which was the emergency where we had a
public hearing with a few days notice and then we had the last minute emergency meeting where on page 6
I complained at that time about this and you President McCarthy: “I want to clarify; am I mistaken in
believing that the meeting where this was presented to Human Affairs was a joint meeting between the
Human Affairs Committee and the Planning & Economic Development Committee?” I suggest to you that
you had the impression…
President McCarthy
Would you read the next paragraph?
Alderman Pressly
And I said no it wasn’t it was not a joint meeting.
President McCarthy
That is because when I had the conversation with the Mayor, the Mayor asked if that night would be an
appropriate venue to do that and I said yes. When the request came in, it was determined that it was a
routine request of the Human Affairs Committee and we did not set up the joint meeting. I was mistaken in
thinking that we had.
Alderman Pressly
Well I think a lot of people thought that was the appropriate thing to do. I’m very frustrated about the
procedures and I think what was sort of the tip of the iceberg for me was to find out just recently that there
was another meeting of the Human Affairs Committee and it was a site review, and I have also been
informed that at that time there was the thought that the Human Affairs Committee, maybe that is not true,
but that three members a quorum of the Human Affairs Committee had an actual site review, an on-site
review of the site. If many of you remember we did that with the Broad Street Parkway and I was informed
very explicitly at that time that we had to take roll call, in fact two of the people that were on that review were
at that meeting, we took roll, we had to keep records. I think what is this double standard; how come three
members, a quorum of a committee, can have a meeting, they were invited to have a site tour, and again
Bd. of Aldermen – 03/08/11 Page 6
we are totally left off. This is such a huge project. To have this exclusivity just does not make sense. I
think that could even be called an illegal meeting with no record being kept…
President McCarthy
I believe you are correct. I was only made aware today of the fact that tour had taken place. I have not had
a chance to talk to Alderman Wilshire, but I…
Alderman Pressly
You just learned, so you do acknowledge it was an illegal meeting.
President McCarthy
I believe that meeting was in violation of the Right-to-Know Law and the process should not be repeated
that way.
Alderman Pressly
Thank you. So that was sort of the tip of the iceberg. So what do we do about this? I have never served on
a board that has such a dysfunctional process where we have last minute meetings, people think they are
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invited and then they are not. Going back to that first meeting on the 27 it appears that Alderman Wilshire
did communicate with Alderman Tabacsko and there was some thought at some time that there be a joint
meeting because the practicality of it is that at some point some of this funding is going to have to come
before the Planning & Economic Development Committee. I think we need some education. I’m not sure
where we can get it, but I think we need some education on procedures. The role of the Chairman on the
27th; had I know that would be there I could have been at that meeting.
I think we need to do something. I have spoken with the developer, and they are more than willing to have
the complete tour of the facility for the Board of Aldermen and for the public. I will be happy to arrange that
and let everybody know, and we will work out what needs to be done to make it a legal ethical meeting, and
the whole community plus this board can be involved in this project. It is important enough that everybody
be involved. Therefore, because I plan to do that and I suggest that we start to think as a group how can we
avoid these last minute meetings, how can we be more inclusive in making sure that people know what is
going on. To find out that this project has been ongoing and a discussion at City Hall for over ten years and
the Planning & Economic Development Committee can’t find out about it until sort of the back door…with
that in mind, I will withdraw my request for reconsideration with the understanding that I will plan to put
together a walking tour.
I have gone down there myself it is a very difficult confusing site. I will see to it that everyone has the
chance to do this, and also explore some possibilities for education on our procedures. I think it is important
that we be a little bit clearer on these last minute meetings.
MOTION WITHDRAWN
Alderman Clemons
If you would allow me some latitude, I would appreciate it. I would just like to respond to the previous
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speaker in regards to the January 27 meeting. That meeting, when the attorneys came and Mr. Stabile
came before us, there was no legislation pending in front of this board and so they were presenting an idea
to the community. That was chosen as the appropriate venue to do that for the reasons stated by the
President. Once there was legislation in front of the Board of Aldermen it was assigned to the appropriate
committees. I think, at least as far as that goes, the process was followed to the T. I won’t comment on the
Bd. of Aldermen – 03/08/11 Page 7
other part about the illegal meeting, I wasn’t there. But as far as the process goes I think we followed it very
well.
President McCarthy
Someone can correct me if I’m wrong, but my understanding of the site tour is that has been, for better or
worse, common practice after the CDBG hearing, and that it was not possible to access the Cotton Mill
building that day and therefore the group did not in fact see that building they saw the rest of the sites.
Alderman Wilshire
Thank you Mr. President. You are correct it has been past practice of the Human Affairs Committee to
conduct site visits after the applications come in for CDBG funding and HOME funds. Once we get those
applications, we work with the Urban Programs Department to go out and take a look at the sites that we
are considering funding. We were not able to access the Cotton Mill building because it had not been
shoveled or plowed out.
President McCarthy
I would say that in this case the applicant at one point contacted the office and ask that we have an informal
presentation from them after the first Human Affairs Committee meeting and I declined saying that the only
venue we could have that in was the meeting that was coming up on the last Thursday. I would say in the
future, those tours need to be noticed. I did note that in the minutes of the meeting where the hearing was
held the date and time of the tour is announced. It is not like it was secretive, but it should be noticed in the
normal way.
Alderman Deane
Thank you. I’m kind of confused now. R-11-91 was not a request for Community Development Block Grant
money was it? I don’t think it was.
Alderman Wilshire
HOME funds.
Alderman Deane
I was on the Human Affairs Committee one term and I didn’t attend any of the walk throughs maybe other
people did, but I don’t remember a quorum of people going out viewing sites. Alderman LaRose has
spoken publicly about going out in his time, and I think Alderman Wilshire has been in attendance with him,
but I never remember a quorum of a committee going out.
To the process, in my time on this board unless dictated by any law whether it be state or our own, we have
always noted a public hearing for seven (7) days, it has always been duly advertised in the newspaper, and
it has been posted. That wasn’t done. Contrary to comments that were made earlier, in my nine years that
has always been our past practice. Am I wrong Alderman McCarthy?
President McCarthy
There are a great many different requirements for hearing notices…
Bd. of Aldermen – 03/08/11 Page 8
Alderman Deane
I understand that, but when we don’t have requirements put upon us we have always gone seven days and
as it says duly advertised in 54-a we have always put it in the newspaper. It has always been seven days.
President McCarthy
While I would prefer to do it that way I can’t say that we always have in the case where there was no
statutory requirement.
Alderman Deane
In my time, I can’t remember any different. Maybe the Legislative Manager can fill us all in since she has
been here since I have been here and I believe she might know better. I didn’t attend that meeting that Mr.
Stabile was at. I didn’t feel well, but I watched it at home, and to some amazement to some of the activity
that went on during that meeting was a little out of the ordinary I think for someone coming in looking for
money and then throwing gas and flipping matches at the people that are going to approve the money. I
couldn’t understand why it had gotten to that level. Then when I hear that this thing has been going on, this
legislation in part had been going on for 6 months I kind of understood some of the frustration that maybe
Mr. Stabile or maybe even some of the sponsors had on the legislation.
To me it didn’t bode well. I think that piece of legislation was a prime example of how not to do something.
It was brought in late, there were timelines for applications that people knew about, there was a public
hearing thrown together that was held before a special Board of Aldermen’s meeting, and then it was voted
on right afterwards. The whole process, to me, just didn’t seem right. It just seemed like something was
being ramroded through and I didn’t understand why it had to get to that point. I thought it was wrong. I
have had communications from folks in the city that saw it and said it looked like Chicago style politics. I
tend to agree with Alderman Pressly; if something like this is going to happen, this last minute legislation
just to me this doesn’t cut it. I don’t think it is a good way to do business. I think the public sees that it is not
a good way to do business, and contrary to how you voted for the legislation whether you were for it or
against it isn’t the point, the point is the process. The process was, like I said earlier, it was just an extreme
example of how not to do something. Thank you Mr. President.
President McCarthy
I will say Alderman Deane that I agree with you on that. I was unaware that we were dealing with legislation
that had time periods until it came in, which was not long before that time period lapsed. I think the need for
the public hearing was not discovered due to a variety of issues until the Friday before we scheduled it.
Alderman Deane
Well when you go outside a year with funding it requires a public hearing because you are committing funds
outside of that fiscal year. The whole thing was an unfortunate situation.
Alderman Sheehan
If the concern is the process are we then asking to do the whole day over again and go see everybody or
only that particular project?
Alderman Pressly
Having spoken to what I think the problems are and what I plan to be working on for the solution, I withdrew
my request for reconsideration. Unless somebody else wants to do it, it does stand…
Bd. of Aldermen – 03/08/11 Page 9
President McCarthy
That wasn’t the question. The question was if we are going to set up an opportunity for the board to see
that site does the board just want to see that site or do we want to see all of the other places that the
Human Affairs Committee looked at with regard to CDBG.
Alderman Pressly
As far as I am concerned just that site.
Alderman LaRose
Thank you. As far as the site visits go, it is a good tool for the committee. People are coming in and they
are asking for a considerable amount of money, and if we haven’t got the faintest idea of what they want to
do, what the facilities look like, it is pretty difficult to sit here and make a decision on who gets monies and
who doesn’t, who has priority and who doesn’t. When we do visit the sites we don’t discuss well I think
these guys should get money, these guys shouldn’t. We have an opinion of what we have seen and then
when we come to out meeting we have a full discussion on who we think should be granted monies from the
Community Development Block Grant.
Maybe it should be on the agenda that we are going to go visit these sites, and obviously anybody is invited
to come, but eliminating the ability to go and look at sites doesn’t make much sense.
Alderman Pressly
The question was posed is it just this site. I don’t think this is your ordinary everyday Human Affairs
request. This was a little bit special. This is a multi-million dollar project. The other requests are for
$40,000 for this, $10,000 for that. It is a division that is a very competitive, they have all of these different
reviews, and I have always admired the way you look into that, but this was not your ordinary everyday
project. This is the one that I think we all have an interest in going down and taking a look at. It is quite
complex. And I think it is time we started to treat these projects with a little more active involvement for
everybody. I’m not looking to have you restructure your Human Affairs traditions, and I think it is wise that
you do view some of these projects, but I think this one was extremely unique and different, and I think
deserved to have the inclusion, and I understand that they told me they invited the Planning & Economic
Development Committee. It was more convenient for them because they are going to have to come before
this committee I think they believe to get one of the other forms of funding that was not before your
committee.
President McCarthy
I will see if we can get something set up for the board to go see the site.
Alderman Pressly
I have already started that so I will work with you on that.
Alderman Deane
To Alderman LaRose’s point, I don’t think anybody is trying to eliminate the review process. The issue at
hand is if you are going to meet as a quorum it has to be posted, a roll call has to be taken, and minutes
have to be kept. So the three Aldermen that attended the meeting are probably going to have to procure
some sort of minutes of what went on, when they met, who was there, and supply them to you Mr. President
or to the Legislative Assistant.
Bd. of Aldermen – 03/08/11 Page 10
Alderman Melizzi-Golja
I would agree in looking at that visit, and I think within the previous years, which of course last year would
have been my first time taking part in that. I think actually last year there was probably a quorum also. I
think I was the only member last year of Human Affairs who wasn’t able to go to the site visits so I know it
has just been practice, but I do think it should be posted so anyone else on the board who wants to go
knows what the schedule for the day is and if you only want to go to the 11:00 a.m. visit and not the 9:00
a.m. you can show up at that visit. But I also think that, although I understand what your point is Alderman
Pressly about this being a very different project and one that people have additional interest in, I would
suggest that if we start talking about projects being of greater interest or more important and kind of picking
projects, someone could say well we got a higher level of scrutiny on our visit than someone else because
this project is over so many millions of dollars. I would just suggest that if we are going to do visits we just
all get noticed so no one can say we are handpicking site visits for maybe what could be perceived as a
higher level of scrutiny.
Certainly you may have wanted to go see Tolles Street Mission or there may have been some other visit for
which CDBG money was being considered that someone would have an interest in. I would just suggest
that we treat all of these equally so it doesn’t appear that we are giving undue attention to one project.
Alderman Wilshire
With that said, I would be happy to work with the clerk and provide some minutes and roll call information for
that meeting.
UNFINISHED BUSINESS – ORDINANCES
AMENDED, O-10-41
Endorser: Alderman Mary Ann Melizzi-Golja
AMENDING THE ZONING ORDINANCE AND MAP FROM “A SUBURBAN
RESIDENCE” (R-30) AND “B SUBURBAN RESIDENCE” (R-18) TO “PARK
INDUSTRIAL” (PI) AND “C URBAN RESIDENCE” (R-C) FOR LAND OFF SPIT
BROOK ROAD AND THE F. E. EVERETT TURNPIKE
Given its third reading;
MOTION BY ALDERMAN MELIZZI-GOLJA FOR FINAL PASSAGE OF O-10-41 AS AMENDED
ON THE QUESTION
Alderman Melizzi-Golja
I know Alderman Chasse is going to ask me what is different, and I don’t have it in front of me. I’m sorry.
Alderman Tabacsko
This was actually amended at the time of its first reading.
President McCarthy
It was a small change in the description.
Alderman Tabacsko
Bd. of Aldermen – 03/08/11 Page 11
It had to do with the legal description. There were three sections in the amended version versus four and it
was a budget implication in the original. It was typos basically.
President McCarthy
I guess the corner of the land is at the third fencepost of old McGinty’s Farm and not the fourth one.
Alderman Chasse
Thank you.
President McCarthy
Is there any further discussion?
MOTION CARRIED
Ordinance O-10-41 declared duly adopted as amended.
O-11-52
Endorsers: Mayor Donnalee Lozeau
Alderman Michael J. Tabacsko
AMENDING THE LAND USE CODE IN REGARDS TO ARTICLE VII – FLOODPLAIN
MANAGEMENT
Given its second reading;
MOTION BY ALDERMAN TABACSKO FOR FINAL PASSAGE OF O-11-52
MOTION CARRIED
Ordinance O-11-52 declared duly adopted.
O-11-53
Endorser: Alderman Diane Sheehan
AMENDING THE LAND USE CODE IN REGARD TO A SHORELAND EXEMPTION
Given its second reading;
MOTION BY ALDERMAN SHEEHAN FOR FINAL PASSAGE OF O-11-53
ON THE QUESTION
Alderman Deane
Could the sponsor explain this piece of legislation briefly if she wouldn’t mind?
Alderman Sheehan
The legislation essentially aligns us with what we have already applied to do with the state level so that we
are able to re-use already developed land along the river. Without this legislation, it is essentially
housekeeping, there are additional application fees for re-development along the river where we already
have development.
Alderman Deane
Are there parcels in particular that this was filed for?
Alderman Sheehan
Bd. of Aldermen – 03/08/11 Page 12
I believe it is essentially along the Broad Street Parkway where the Cotton Mill Square is in that inner-city
area where we have mills.
Alderman Deane
So it is for the Cotton Mill project?
Alderman Sheehan
That is in that area yes.
President McCarthy
All set Alderman Deane?
Alderman Deane
Yes, thank you.
President McCarthy
The motion is for final passage of O-11-53.
MOTION CARRIED
Ordinance O-11-53 declared duly adopted.
O-11-58
Endorsers: Alderman-at-Large Mark S. Cookson
Alderman Kathy Vitale
Alderman Richard P. Flynn
Alderman Arthur T. Craffey, Jr.
AMENDING THE LAND USE CODE IN REGARD TO FEES FOR ZONING BOARD
OF ADJUSTMENT REHEARINGS
Given its second reading;
MOTION BY ALDERMAN COOKSON FOR FINAL PASSAGE OF O-11-58
MOTION CARRIED
Ordinance O-11-58 declared duly adopted.
MOTION BY ALDERMAN CLEMONS TO WITHDRAW FROM COMMITTEE ORDINANCE O-11-49,
ELIMINATING THE HOLDOVER LIMITATION ON TERMS OF LAND USE BOARD MEMBERS
ON THE QUESTION
Alderman Clemons
In the Personnel/Administrative Affairs Committee we discussed this legislation and had decided that rather
than move it forward before the public hearing we would wait for the public hearing, which occurred after this,
and agreed, as a committee, to take this action this evening once the public hearing had been done. That is the
purpose for the motion.
Alderman Deane
Bd. of Aldermen – 03/08/11 Page 13
What is the sense of urgency?
Alderman Clemons
There is no sense of urgency it is just what the committee decided we wanted to do.
President McCarthy
The motion is to withdraw from committee.
MOTION CARRIED
Division Taken
O-11-49
Endorsers: Alderman-at-Large Ben Clemons
Alderman Michael J. Tabacsko
Alderman Jeffrey T. Cox
ELIMINATING THE HOLDOVER LIMITATION ON TERMS OF LAND USE
BOARD MEMBERS
Given its second reading;
MOTION BY ALDERMAN CLEMONS FOR FINAL PASSAGE OF O-11-49
A Viva Voce Roll Call was requested, which resulted as follows:
Yea: Alderman Clemons, Alderman Vitale, Alderman Pressly, Alderman LaRose, Alderman Tabacsko,
Alderman Melizzi-Golja, Alderman Cox, Alderman Sheehan, Alderman Wilshire, Alderman Chasse,
Alderman McCarthy
11
Nay: Alderman Craffey, Alderman Deane, Alderman Flynn, Alderman Cookson
4
MOTION CARRIED
Ordinance O-11-49 declared duly adopted.
NEW BUSINESS – RESOLUTIONS
R-11-98
Endorser: Alderman Jeffrey T. Cox
Alderman-at-Large Ben Clemons
Alderman Kathy Vitale
Alderman Michael J. Tabacsko
Alderman Mary Ann Melizzi-Golja
Alderman Diane Sheehan
Alderman-at-Large Lori Wilshire
Alderman Paul M. Chasse, Jr.
Alderman-at-Large Brian S. McCarthy
RELATIVE TO AUTHORIZING THE EXPENDITURE AND TRANSFER OF $352,463
FROM THE STELLOS STADIUM IMPROVEMENTS EXPENDABLE TRUST FUND
AND $300,000 FROM THE SCHOOL CAPITAL RESERVE FUND INTO CAPITAL
PROJECT ACCOUNT #781-3761 FOR TURF REPLACEMENT AT STELLOS STADIUM
Given its first reading; assigned to the BUDGET REVIEW COMMITTEE by President McCarthy
NEW BUSINESS – ORDINANCES
O-11-61
Bd. of Aldermen – 03/08/11 Page 14
Endorsers: Mayor Donnalee Lozeau
Alderman-at-Large David W. Deane
Alderman-at-Large Brian S. McCarthy
Alderman Arthur T. Craffey, Jr.
Alderman Mary Ann Melizzi-Golja
Alderman Richard P. Flynn
RELATIVE TO FINANCIAL POLICIES
Given its first reading; assigned to the PERSONNEL/ADMINISTRATIVE AFFAIRS COMMITTEE by
President McCarthy
PERIOD FOR GENERAL PUBLIC COMMENT
James Cutter, 86 Palm Street
th
On February 8 I answered Attorney McNamee’s memorandum proving the City is responsible for our
problem. … audio inaudible… wondered why the City had not taken care of our problem. Since the City is
responsible there cannot be a good reason why Mayor Lozeau, who will not see me so I have to speak at
this meeting, is delaying her duty. Thank you.
REMARKS BY THE MEMBERS OF THE BOARD OF ALDERMEN
Alderman Flynn
Thank you Mr. President. I would like to extend congratulations to the Campbell Cougar Girls Varsity
Basketball team in Litchfield, NH. They won the State Division III Varsity Girls Championship on Saturday
at Southern New Hampshire University. I should disclose that I am their scorekeeper for all of their away
games for the last ten years so I have gotten to know the team reasonably well. I appreciate the quality of
basketball that the team plays. I also could disclose that the assistant coach is Rod Hayward, he lives on
White Plains Drive, and he has been one of my friends at Nashua Corporation for years, and quite frankly
when I stood on the back of the tenement porch on Chestnut Street his house used to abut my porch on
Walnut Street. I have known him for quite a number of years. The other thing I should disclose is my son,
my oldest boy Sean, is the Coach of the Litchfield team, the Campbell Cougars. Now I have everything out.
Whereas you have heard it all I guess I just want to extend congratulations to a great group and a hard
working group that somehow I have some ties to. Thank you.
President McCarthy
Is the hard working group the Flynn family or the team?
Alderman Flynn
The Flynns are pretty committed.
Alderman Wilshire
Thank you. I had the opportunity last night to attend the Broad Street Parkway meeting with the Mayor and
the team that are working on that. It was a good turnout by the residents. I want to thank all of them for
coming out and thank the Mayor for putting that on. I think it was quite helpful for the neighbors to be able
to ask questions and to be heard on their concerns. Thank you for that.
Mayor Lozeau
You are welcome.
Bd. of Aldermen – 03/08/11 Page 15
Alderman Sheehan
Thank you. I have been asked by the Nashua High School South band uniform replacement group to put
out the word that they have formed a Facebook page to announce any of their fundraisers, and they would
ask anybody who uses Facebook to please join.
I would like to wish the many many groups of Destination Imagination well in the competition, which is going
on Saturday also at Nashua High School South. A lot of kids have been working for the last 6 months very
diligently to prepare for this one day of competition so I want to wish everybody well.
I would like to thank all of the corporate sponsors who worked with the First Robotics program. I went up to
the Verizon Center on Saturday and it was packed. There were mentors for every group with a lot of
different companies, some colleges, and these people work with these kids every single week. I think that
public/private partnership in developing the scientific and mathematical minds of our teenagers is very
st nd
important. I know that my kids are already looking forward to joining it and they are in 1 and 2 grade. I
think it is a great job that they are doing to plant that seed and encourage that growth so I would like to
thank the companies who volunteer their employees to go and help to do that. Thank you.
Alderman Tabacsko
th
Thank you. One last chance to plug the PAL fundraiser this Friday evening, March 11 at 7:00 p.m. at the
Bounty Lounge, $15 at the door; live music, cash bar, plenty of raffle tickets and 50/50 opportunities, and a
lot of fun will be had by all. Anybody that can make it I encourage you to please do so, it is for a very worthy
cause. Thank you.
Alderman Melizzi-Golja
I just wanted to join Alderman Wilshire in thanking the Mayor and Mr. Kenison and the other individuals from
the City who were at Palm Square last night answering questions related to the Broad Street Parkway. It
was well attended and there were certainly lots of interest and lots of questions. Thank you.
Mayor Lozeau
You are welcome.
Alderman Craffey
Thank you. I just want to join Aldermen Wilshire and Melizzi-Golja in thanking the Mayor for putting that on.
It was very well attended. There were some issues that were brought up but I think we will resolve them.
Thank you.
Alderman Vitale
Tomorrow I would like to invite the constituents of Ward 1 to Starbucks if they would like to have coffee and
discuss any concerns they might have. I will be there from 6:00 p.m. to 7:00 p.m. and they are welcome to
join me.
Also, I would like to congratulate all of our high school swimmers for the High School Championship season
and the New England Championships. We had many place winners and first place winners. I will be
honoring them in the coming weeks before this board. Thank you.
Alderman Clemons
Bd. of Aldermen – 03/08/11 Page 16
Just going back to some of the discussion that we had this evening, I don’t want it to be lost on anyone, we
have a great Chairman of the Human Affairs Committee, and you do a wonderful job. Some things slip by
sometimes, but we move forward and work together. You do an excellent job. Thank you.
Alderman Wilshire
Thank you Alderman Clemons.
President McCarthy
I would like to wish happy upcoming birthdays to Alderman Clemons and to Alderman Chasse who
according to these notes is three days younger than Alderman Clemons.
Alderman Chasse
th
I don’t have birthdays anymore; they are anniversaries of the 39 .
Committee announcements:
Alderman Cox
The Committee on Infrastructure will meet tomorrow evening in these chambers at 7:00 p.m.
Alderman Clemons
The Personnel/Administrative Affairs Committee will meet on Thursday in the Chamber at 7:00 p.m., and
hopefully that meeting will get done before my birthday on Friday.
ADJOURNMENT
MOTION BY ALDERMAN LAROSE THAT THE MARCH 8, 2011 MEETING OF THE BOARD OF
ALDERMEN BE ADJOURNED
MOTION CARRIED
The meeting was declared adjourned at 8:20 p.m.
Attest: Paul R. Bergeron, City Clerk
Agenda
AGENDA MEETING OF THE BOARD OF ALDERMEN MARCH 8, 2011
1. PRESIDENT BRIAN S. MCCARTHY CALLS ASSEMBLY TO ORDER
2. PRAYER OFFERED BY CITY CLERK PAUL R. BERGERON
3. PLEDGE TO THE FLAG LED BY ALDERMAN-AT-LARGE LORI WILSHIRE
4. ROLL CALL
5. REMARKS BY THE MAYOR
6. RESPONSE TO REMARKS OF THE MAYOR
7. RECOGNITIONS
R-11-95
Endorsers: Mayor Donnalee Lozeau
Board of Aldermen
HONORING PASTOR ROBERT “ODIE” ODIERNA
• Tabled 2/22/11
8. READING MINUTES OF PREVIOUS MEETINGS AND PUBLIC HEARINGS
Special Board of Aldermen ................................................................... 02/15/11
Board of Aldermen ............................................................................... 02/22/11
Special Board of Aldermen ................................................................... 02/22/11
Public Hearing Conducted by the Cmte on Infrastructure .................... 03/01/11
Public Hearing Conducted by PEDC ................................................... 03/01/11
9. COMMUNICATIONS
PERIOD FOR PUBLIC COMMENT RELATIVE TO ITEMS EXPECTED TO BE ACTED
UPON THIS EVENING
10. PETITIONS
Petition for Street Discontinuance: A Portion of Dozer Road (So-Called)
• Committee on Infrastructure Recommends: Petition be Granted
• Also assigned to the Planning Board; Favorable Recommendation Issued 1/6/11
11. NOMINATIONS, APPOINTMENTS AND ELECTIONS
12. REPORTS OF COMMITTEE
Committee on Infrastructure ................................................................. 03/01/11
Planning & Economic Development Committee ................................... 03/01/11
13. WRITTEN REPORTS FROM LIAISONS
14. CONFIRMATION OF MAYOR'S APPOINTMENTS
UNFINISHED BUSINESS – RESOLUTIONS - None
UNFINISHED BUSINESS – ORDINANCES
AMENDED, O-10-41
Endorser: Alderman Mary Ann Melizzi-Golja
AMENDING THE ZONING ORDINANCE AND MAP FROM “A SUBURBAN
RESIDENCE” (R-30) AND “B SUBURBAN RESIDENCE” (R-18) TO “PARK
INDUSTRIAL” (PI) AND “C URBAN RESIDENCE” (R-C) FOR LAND OFF SPIT
BROOK ROAD AND THE F.E. EVERETT TURNPIKE
• Planning & Economic Development Committee Recommends: Final Passage as Amended
• Also assigned to the Planning Board; Favorable Recommendation Issued 1/6/11
O-11-52
Endorsers: Mayor Donnalee Lozeau
Alderman Michael J. Tabacsko
AMENDING THE LAND USE CODE IN REGARDS TO ARTICLE VII – FLOODPLAIN
MANAGEMENT
• Planning & Economic Development Committee Recommends: Final Passage
• Also assigned to the Planning Board; Favorable Recommendation Issued 2/3/11
O-11-53
Endorser: Alderman Diane Sheehan
AMENDING THE LAND USE CODE IN REGARD TO A SHORELAND EXEMPTION
• Planning & Economic Development Committee Recommends: Final Passage
• Also assigned to the Planning Board; Favorable Recommendation Issued 2/3/11
O-11-58
Endorsers: Alderman-at-Large Mark S. Cookson
Alderman Kathy Vitale
Alderman Richard P. Flynn
Alderman Arthur T. Craffey, Jr.
AMENDING THE LAND USE CODE IN REGARD TO FEES FOR ZONING BOARD
OF ADJUSTMENT REHEARINGS
• Planning & Economic Development Committee Recommends: Final Passage
• Also assigned to the Planning Board; Favorable Recommendation Issued 2/17/11
NEW BUSINESS – RESOLUTIONS
R-11-98
Endorser: Alderman Jeffrey T. Cox
RELATIVE TO AUTHORIZING THE EXPENDITURE AND TRANSFER OF $352,463
FROM THE STELLOS STADIUM IMPROVEMENTS EXPENDABLE TRUST FUND
AND $300,000 FROM THE SCHOOL CAPITAL RESERVE FUND INTO CAPITAL
PROJECT ACCOUNT #781-3761 FOR TURF REPLACEMENT AT STELLOS STADIUM
NEW BUSINESS – ORDINANCES
O-11-61
Endorsers: Mayor Donnalee Lozeau
Alderman-at-Large David W. Deane
RELATIVE TO FINANCIAL POLICIES
PERIOD FOR GENERAL PUBLIC COMMENT
REMARKS BY THE MEMBERS OF THE BOARD OF ALDERMEN
Committee announcements:
ADJOURNMENT