Aldermen, Board of

A regular meeting of the Board of Aldermen was held Tuesday, October 9, 2012, at 7:33 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 Tabacsko led in the Pledge to the Flag. The roll call was taken with 14 members of the Board of Aldermen present; Alderman Caron was recorded absent. Her Honor Mayor Donnalee Lozeau and Deputy Corporation Counsel Stephen M. Bennett were also in attendance. REMARKS BY THE MAYOR Thank you, Mr. President, I do. I would begin this evening by thanking our volunteers. Again this evening you’ll see a new volunteer for the Mine Falls Advisory Committee and a reappointment to our Zoning Board. As always, I feel particularly fortunate that people are willing to serve. The second item I would talk about tonight is R-12-44 relative to recycling, looking at expanding the recycling I would ask the Board to consider tabling that issue. The Board of Public Works, who it was also referred to, tabled it at our September meeting waiting to hear the discussion from the Infrastructure Committee and we’ve not have a chance to act on it. We meet next week and I would expect that we would take action then. I would also like to speak to R-12-76 recognizing the baseball coaches. As I like to say, that was the brainchild of Alderman Chasse in collaboration with Alderman Caron they came up with a list of folks that they think it is important to recognize and I would agree with them. Now many of you were probably expecting tonight that you’d come in and there’d be a recognition and some of them or their families would be present this evening for that but instead of doing that, what we’ve discussed and what our plans are and we’ll include everybody is that in the spring we look forward to dedicating the field at that time, inviting the coaches and their families then. So, I just wanted the Board to be aware of why that wasn’t the normal course this evening. As always, Mr. President, thank you for your kind attention this evening. RESPONSE TO REMARKS OF THE MAYOR Alderman Cookson Just one point. I believe that the Mayor said that with regard to R-12-44 Establishing a committee to investigate the expansion of the City of Nashua’s recycling program that the Board of Public Works tabled that at their September meeting with regard to waiting for some discussion at Infrastructure. It never came before the Infrastructure Committee. It went before the Personnel and Administrative Committee. You weren’t expecting anything from my committee? Mayor Lozeau Mr. President, my apologies. I meant before the Committee of the Board of Alderman. I didn’t think of which committee. Alderman Cookson Thank you. Bd. of Aldermen – 10/09/12 Page 2 RECOGNITION PERIOD R-12-76 Endorsers: Mayor Donnalee Lozeau Board of Aldermen RECOGNIZING EIGHT NASHUA BASEBALL COACHES Given its first reading; Alderman Chasse Yes, I would like to make a motion for an amendment to R-12-76, under where it says Bob Morin, his little bio where it says he has coached the Reds at the Babe Ruth Level, it should be the Red Legs. MOTION BY ALDERMAN CHASSE TO AMEND R-12-76 BY CHANGING REDS TO RED LEGS MOTION CARRIED Alderman Chasse I would like to make another amendment to R-12-76 where it says endorsers. MOTION BY ALDERMAN CHASSE TO AMEND THE ENDORSERS TO BE MAYOR LOZEAU, ALDERMAN CARON AND ALDERMAN CHASSE ON THE QUESTION Alderman Chasse The endorsers should be Mayor Donnalee Lozeau, Alderman June Caron and Alderman Paul Chasse. I will speak a little bit on that. It does say the Board of Alderman. I do not want to make a decision for any one of your people. There was a mistake that was made so, that is basically why if anybody wants to jump on board that’s fine. At this time, that is what it should be. President McCarthy I guess I will ask it in the negative. Is there anyone who would like their name removed from the Resolution? Alderman Chasse Then I will rescind my motion and leave it on as the Board of Alderman. MOTION WITHDRAWN Alderman Deane Thank you Mr. President. In my time on the Board, anytime we have had a resolution recognizing anyone or any business or anything for that matter, basically the Board has always been part of the Resolution. I have never been asked if cosponsored recognition resolution and I would further state that I would like to thank you for doing this. I know most of these fellas for a number of years and it’s a worthy resolution and I think that waiting till Springtime to do something is probably the best thing to do because some of these folks also coach in the City’s basketball program and that will be taking off shortly, so they have a very small window of free evenings on their hands as we move into the hall. Bd. of Aldermen – 10/09/12 Page 3 President McCarthy Alderman Chasse do you have another motion? Alderman Chasse No, that will be it. Thank you. Wait a minute, yes I do. MOTION BY ALDERMAN CHASSE THAT THE RULES BE SO FAR SUSPENDED AS TO ALLOW FOR THE SECOND READING OF R-12-76 MOTION CARRIED Resolution R-12-76 given its second reading; Alderman Chasse I guess you want me to read it. Sit back and enjoy folks. Resolution recognizing 8 Nashua baseball coaches, City of Nashua in the year 2012. Resolved by the Board of Alderman of the City of Nashua that the Mayor and the Board of Aldermen recognize eight dedicated Nashua Baseball Coaches. These coaches have given of themselves because of their love of the game. Jim Sanderson, Ernie Berube, Bob Morin, Ray Oban, Gene Barretto and Bill Murphy had no children in the program when they started coaching. Willie Kierstead and Duane Ericson continued to coach long after their children had left the program. Williard Willie Kierstead has coached baseball in Nashua for close to 45 years and has coached for the Athletics in Babe Ruth for 42 years. He first started coaching in the 12 and 13 year old minor leagues and he also coached a baseball team at Daniel Webster College. Duane Ericson has been coaching for over 35 years. He coached in Little League, Senior Babe Ruth Chiefs and he is a current head coach for both the Babe Ruth Yankees and the Nashua Catholic Junior High School. Jim Sanderson began his coaching career in 1958 for an independent league while in Germany. He has coached at levels in the Nashua Little League, Babe Ruth and Senior Babe Ruth. He has coached the Babe Ruth Tigers for 47 years. Ernie Berube played and coached in the Ward leagues in Nashua. He has coached in all levels of Baseball, including the American Legion as well as being head coach for the Babe Ruth Indians. Bob Morin has coached Youth Baseball in Nashua for over 45 years. He began coaching when the Babe Ruth League was started in 1958. He has coached the Red Legs at the Babe Ruth level for numerous years. Ray Oban is a legendary player and coach in Nashua history. He played in the Boston Red Sox Minor League System. He was a member of the first Nashua High School team to play at Holman Stadium. He was the first person called upon to coach in the new Little League Program in Nashua and he became the first pitching coach for Bishop Guertin High School. The Babe Ruth Prep League is named after Mr. Oban. Bill Murphy has coached Youth Baseball in Nashua for close to 15 years. He has coached the Braves in Babe Ruth Baseball and he is also involved in the Nashua East Little League. I would like to say that Bill Murphy is no longer with us. Gene Barretto is a longtime coach who started coaching baseball in 1965. He established himself as one of the most winning Babe Ruth coaches in Nashua History. The All Star Basketball Bd. of Aldermen – 10/09/12 Page 4 tournament is named for him. Collectively, these eight coaches have put in over 250 years of dedication to the youth of Nashua and the Babe Ruth Baseball League. Not only have they coached in the Babe Ruth League, but they have also given their time in the Ward Leagues, Little Leagues, Senior Babe Ruth, American Legion and school programs. Together these eight coaches, as a group have coached close to 50 championships, Nashua baseball teams in local, district, state and regional tournaments. These men have been dedicated to the youth and Nashua in coaching a sport that they love and teaching thousands of youngsters the meaning of good sportsmanship. Several of these dedicated coaches have received the Annual Service to Youth Award including Bob Morin, Ray Oban, Ernie Berube and Duane Ericson. Your enthusiasm, hard work, dedication, sportsmanship and accomplishments bring recognition and pride to the City of Nashua. We thank you for your service. Now, therefore, Mayor Donnalee Lozeau and the Board of Aldermen on behalf of the citizens of Nashua express their thanks and appreciation to Will Kierstead, Duane Ericson, Jim Sanderson, Ernie Berube, Bob Morin, Ray Oban, Bill Murphy and Gene Barretto for their years of service to the Youth of Nashua. Furthermore, the Babe Ruth field at North Common is dedicated to these eight coaches and the intersection of Sargent Avenue and Artillery Lane will be known as Coaches Corner. President McCarthy You have one more motion? Alderman Chasse I think so. MOTION BY ALDERMAN CHASSE FOR FINAL PASSAGE OF R-12-76 AS AMENDED MOTION CARRIED Resolution R-12-76 declared duly adopted. READING MINUTES OF PREVIOUS MEETINGS MOTION BY ALDERMAN WILSHIRE THAT THE MINUTES OF THE INFORMATIONAL MEETING OF SEPTEMBER 19, 2012 ON RESOLUTION R-12-20, AND THE BOARD OF ALDERMEN MEETINGS OF SEPTEMBER 25 AND SEPTEMBER 27, 2012, BE ACCEPTED, PLACED ON FILE, AND THE READINGS SUSPENDED ON THE QUESTION Alderman Tabacsko Thank you. I just wanted to note for the record on the informational meeting the minutes are handwritten and I would like to first thank Alderman Moriarty for taking on that task. It’s a very difficult thing to do on the fly and I understand. I just want to note for the record, that I don’t believe that the full sense of that meeting is captured and I know we cannot correct or change minutes because there was nothing recorded, but I just wanted to make one note for the record that I believe there was much more in-depth discussion of the topic that evening and I don’t believe this captures that. Bd. of Aldermen – 10/09/12 Page 5 Alderman Sheehan If I could second it because I am aware that I spoke and I was unable to find anything that I said, which was a unique topic that was brought up that night. It is a valiant effort, but I don’t feel it’s complete either. President McCarthy Any further discussion of the motion or accept the minutes? MOTION CARRIED COMMUNICATIONS MOTION BY ALDERMAN MORIARTY THAT ALL COMMUNICATIONS BE READ BY TITLE ONLY MOTION CARRIED From: Mayor Donnalee Lozeau Re: Contract Award for Citywide Traffic Signals Construction MOTION BY ALDERMAN WILSHIRE TO ACCEPT, PLACE ON FILE AND AWARD THE CONTRACT TO REPUBLIC ITS IN THE AMOUNT OF $1,691,328 AND THAT THE PROVISIONS OF NRO 5-90(F) REGARDING THE RECONSIDERATION PERIOD BE WAIVED MOTION CARRIED From: Mayor Donnalee Lozeau Re: Contract Award for Aeration and Secondary Clarifier Upgrades MOTION BY ALDERMAN DEANE TO ACCEPT, PLACE ON FILE AND AWARD THE CONTRACT TO PENTA CORPORATION IN THE AMOUNT OF $3,333,780 AND THAT THE PROVISIONS OF NRO 5-90(F) REGARDING THE RECONSIDERATION PERIOD BE WAIVED MOTION CARRIED From: Stephen Bennett, Esq., Deputy Corporation Counsel Re: R-12-62 and 63 (Parcel F Easements) MOTION BY ALDERMAN COOKSON TO ACCEPT AND PLACE ON FILE MOTION CARRIED MOTION BY ALDERMAN WILSHIRE THAT THE RULES BE SO FAR SUSPENDED AS TO ALLOW FOR THE INTRODUCTION OF A COMMUNICATION RECEIVED AFTER THE AGENDA WAS PREPARED MOTION CARRIED From: Dorothy Clarke, Deputy Corporation Counsel Re: Questions on amendments to R-12-66 “Regarding painting the interior of the two parking garages white and considering murals” MOTION BY ALDERMAN WILSHIRE TO ACCEPT AND PLACE ON FILE MOTION CARRIED Bd. of Aldermen – 10/09/12 Page 6 PERIOD FOR PUBLIC COMMENT RELATIVE TO ITEMS EXPECTED TO BE ACTED UPON THIS EVENING Paula Johnson, 15 Westborn Dr., Nashua Good evening Mr. President and members of the Board of Alderman. My name is Paula Johnson former member of this Board and former State Representative. I come before you tonight relative to O-12-23. On your desks, I placed amendment to the Code of Conduct. I am going to go back two weeks ago this evening when I left this meeting, I was verbally attacked by one of the Aldermen from Ward 3. I have spoken to the President about it, I have asked for a public apology, a written apology. I have witnesses in the parking lot as to what happened. I was told that the stories differ. To me, you’re questioning my integrity and I really don’t appreciate that. I’m not going to make up lies, I’m not going to stand before this Board and say something that did not happen. So what I have typed up here and I don’t take this as a joke, I take this as a very serious issue that happened in the parking lot, is that: Respect will continue outside the Board of Alderman’s Chamber and into the community at all times. Any Alderman who violates this code of conduct will be subject to a fine of not less than $25.00 for the first occurrence and $50.00 thereafter. The Alderman will be required to give a written and oral public apology and disciplinary actions will be taken, which might include removal from the Board of Aldermen if the disrespectful and inappropriate behavior continues. I also did some more research as many of you knew me when I was an alderman; I guess research was my middle name, as I did several weeks ago. A member of the Board of Aldermen is also a municipal employee. That was attached here also on the second page. It also talks about removals from the office. Misconduct in office is one of them. I stand before you tonight and I’m saying this should never happen whether it’s in the horseshoe of your members, as you stand and you work for us in the city you need to be appropriate, you need to be professional whether you’re working together or we are working with you. There is no need to be rude to any person. You want to debate an issue, that’s one thing. It’s about the issue, not about the person. But I am not going to walk out of this building and have somebody yell at me in that parking lot for what, I didn’t even know. I never spoke to this person the night of that informational meeting for Ward 5, I sat in the front of the lunchroom, never engaged in conversation, never spoke to her, never said anything. Her kids were upset because I said something rude. I never spoke to her. The night of the meeting here I was quoting from an article in the newspaper and then I get yelled at in the parking lot. That’s unacceptable, inappropriate behavior of any elected official in this city. If we cannot control our tempers, then we do not belong to be elected here and we need to step down or the Board needs to remove them. I expect an apology; a written and verbal apology. Although I’m being told the stories differ, I’m sorry, it is not differing. I would not be here again tonight if I felt that I was in the wrong, but I was verbally attacked. Thank you. Stacie Laughton, 243 Main Street, Apt. 33, Nashua I have a couple of things that I wanted to discuss and I’ll be brief. R-12-44 – I know that the comments from the Mayor were to possibly table this. I think this is the one she sent to table and the general concept of the idea I actually like because, one of my favorite sayings is reduce, reuse, recycle and I am always in favor of any municipality when they are going to consider expanding options for recycling. It’s the way of the future and with what I do, I have a small business, it’s a green goods business but we are always promoting reducing, reusing and recycling and I would like to stay up on this particular resolution because I think it’s really good that the city is looking to possibly expand recycling. Then the other item was R-12-66 regarding painting the interior of the parking garages white and considering murals. I think murals are beautiful. They are great re-use of dull areas that may have just been forgotten about. However, one thing I would recommend because I walk the trail that starts right out here beside City Hall often, the rail trail that goes up West Hollis Street, and I see numerous murals up there and I see a lot of graffiti that goes over them, a lot of vulgarity and whatnot. So one thing I would recommend is, if we allow for more city property to be used for this that we try to encourage, I know there is certain materials they can use Bd. of Aldermen – 10/09/12 Page 7 to get rid of graffiti or try to encourage the creators of these murals to try to stay on top of them and keep up with them, so they continue to be beautiful and they last into our future and not something that will have any sort of vulgarity on them. Lastly, I wanted to address O-12-23 adding provisions for hearings and fines for the Board of Aldermen’s Code of Conduct. This issue has been talked about quite a bit in the press lately and for one, again like I said in a previous meeting, I thank everyone here for their service, whether you’re hired, whether you’re elected, I’m elected in the city. It’s an honor to be able to serve the people and we must respect the people that we serve and we must respect each other. Though at times we may have disagreements, at the end of the day it’s business and personal vendettas or any sort of hard feelings, we should try to dissipate them and I have never been affected by anything, I’ve seen some things that may be questionable in these chambers, but I think with or without this type of ordinance I think it goes without saying that we must get along. Other than that, that’s all I have to say at this particular comment period. Thank you very much. PETITIONS – None NOMINATIONS, APPOINTMENTS AND ELECTIONS – None REPORTS OF COMMITTEE Finance Committee............................................................................... 10/03/12 There being no objection, President McCarthy declared the report of the October 3, 2012 Finance Committee accepted and placed on file. Committee on Infrastructure ................................................................. 09/26/12 There being no objection, President McCarthy declared the report of the September 26, 2012 Committee on Infrastructure accepted and placed on file. Human Affairs Committee..................................................................... 09/24/12 There being no objection, President McCarthy declared the report of the September 24, 2012 Human Affairs Committee accepted and placed on file. Personnel/Administrative Affairs Committee ........................................ 10/01/12 There being no objection, President McCarthy declared the report of the October 1, 2012 Personnel/Administrative Affairs Committee accepted and placed on file. Planning & Economic Development Committee ................................... 10/02/12 There being no objection, President McCarthy declared the report of the October 2, 2012 Planning & Economic Development Committee accepted and placed on file. WRITTEN REPORTS FROM LIAISONS – None CONFIRMATION OF MAYOR'S APPOINTMENTS Mine Falls Park Advisory Committee Bd. of Aldermen – 10/09/12 Page 8 MOTION BY ALDERMAN CHASSE TO CONFIRM BY VOICE VOTE THE APPOINTMENT OF CAROL RUST, 6 LANGHOLM DRIVE, NASHUA, TO THE MINE FALLS PARK ADVISORY COMMITTEE FOR A TERM TO EXPIRE SEPTEMBER 1, 2015 MOTION CARRIED President McCarthy declared Carol Rust duly appointed to the Mine Falls Park Advisory Committee for a term to expire September 1, 2015. Oath of Office administered by Deputy Corporation Counsel.- Not here. To be sworn in at a later date. Zoning Board of Adjustment MOTION BY ALDERMAN VITALE TO CONFIRM BY VOICE VOTE THE REAPPOINTMENT OF ROB SHAW, 14 SWEET WILLIAM CIRCLE, NASHUA, TO THE ZONING BOARD OF ADJUSTMENT FOR A TERM TO EXPIRE SEPTEMBER 11, 2015 MOTION CARRIED President McCarthy declared Rob Shaw duly reappointed to the Zoning Board of Adjustment for a term to expire September 11, 2015. Oath of Office administered by Deputy Corporation Counsel. Not here. To be sworn in at a later date. UNFINISHED BUSINESS – RESOLUTIONS R-12-44 Endorsers: Alderman-at-Large Jim Donchess Alderman-at-Large David W. Deane Alderman Arthur T. Craffey, Jr. Alderman-at-Large Mark S. Cookson Alderman-at-Large Barbara Pressly Alderman Diane Sheehan Alderman-at-Large Lori Wilshire Alderman Richard A. Dowd Alderman Daniel T. Moriarty ESTABLISHING A COMMITTEE TO INVESTIGATE AN EXPANSION OF THE CITY OF NASHUA’S RECYCLING PROGRAM Given its second reading; Alderman Donchess Mr. President, what is your pleasure on this. On the one hand it has been pending for several months. It has nine cosponsors and it was unanimously, I believe recommended by the Committee and we did incorporate what we understood to be the concerns of the Board of Public Works. On the other hand, the Mayor has asked that we postpone this, I believe, until our next meeting two weeks from now. I guess I put it to you, what would you like to see us do with it. President McCarthy If it were up to me I would make the amendments and then table it until the following meeting. Alderman Donchess Bd. of Aldermen – 10/09/12 Page 9 Yes, Mr. Chair. I move that the legislation be so far amended as to substitute the golden rod copy which we have in front of us tonight for the original text of the resolution. MOTION BY ALDERMAN DONCHESS TO AMEND R-12-44 IN ITS ENTIRETY BY REPLACING IT WITH THE GOLDEN ROD COPY PROVIDED WITH THE AGENDA ON THE QUESTION President McCarthy Would you like to explain what the differences are? Alderman Donchess The differences are, I think the committees’ understanding and the feedback I had received was that the Board of Public Works wanted a member of their Board included on the study committee. The committee followed that recommendation or that request and included a member of the Board of Public Works to be appointed by the Board of Public Works on the Committee. I would only add that, under the city charter, the Board of Aldermen can study any subject pertaining to city government including a measure such as this. But the amendment was to incorporate the thinking of the Board of Public Works which I believe improves the resolution and therefore, I think it was a strong amendment. Alderman Pressly Thank you Mr. President. I attended that meeting of the Board of Public Works and I was the one that conveyed their request to Alderman Donchess. The members of the Board of Public Works indicated that they would like to be part of this group and I think that has been accommodated. We can certainly table it, but it seems to me that their wishes have already been accommodated to, although it was done informally. The other thing I think, any meeting like this is opened to everybody and maybe when it starts to form and announces when they are going to meet, when they have their discussions that we make sure that all the members of this Board and the Public Works Board be invited to attend and contribute. They did also indicate that over the years they have done some work on this, so I think they are in a position to be a contributing member and if they want more of their people to attend, make that clear that the invitation is always there. I don’t see any reason not to proceed, but it’s up to the Board if they want to table it. I feel that all the things that they mentioned that evening as being concerned about have already been addressed. In fact, I told them at that time that I would convey their wishes to the sponsor. Thank you. President McCarthy Motion is to amend. Alderman Deane Thank you Mr. President. There is no timeline on establishing these appointments that I can read here, is there? President McCarthy I don’t have the Resolution in front of me but I don’t believe there is. Alderman Deane Bd. of Aldermen – 10/09/12 Page 10 I don’t read any timelines. I tend to agree with Alderman Pressly the concern that was raised has been addressed through amendments. I am going to support the amendment obviously, because I believe that is the right thing to do, but I am not going to support tabling it. I do not see any purpose of tabling it. The appointments are being made by you, Mr. President and when you bring the appointments forward I guess they will be sent to Alderman Chasse’s Personnel Committee I would imagine. Unless the Board agrees upon them, I guess it would be forwarded to the Board for approval, but I do not see any reason to table this. What was requested has been met. Thank you Mr. President. President McCarthy My rationale on responding to Alderman Donchess’ comment is that sometimes we interpret what other boards have asked of us and I think it’s worth doing them the courtesy of making sure the amendments match what they had in mind. The motion before us is to amend. Alderman Deane Through you, Mr. President to Alderman Pressly, is it allowed? President McCarthy Sure. Alderman Deane What was the Board of Public Works request that you heard when you attended the meeting? Alderman Pressly They felt a little bit slighted that one of them had not been appointed and I conveyed that I would make sure that would be fixed and they indicated that they have worked on this over the years and the impression I had was that they had a lot to contribute and maybe even some research that would be helpful. I don’t know if they want more than one person. We can hold it if you feel you want to defer to the Mayor on that, since she is the Chairman of that committee. Alderman Sheehan I will support amending this and then holding it. I think it is fair where they have already done some groundwork that whoever would be joining me have additional suggestions to further amend before it is finalized. I appreciate the work that has gone into this and I think this has made it stronger. I think that was a good addition, but I do think where they do have some history already that it might serve us well just to sit on this for another couple of weeks, so I will support the amendment, but I won’t support a final resolution without hearing back from them first. Thank you. Alderman Deane What the resolution does and says it in the title, establishing a committee to investigate an expansion of the City of Nashua’s recycling. It does nothing more than establishes a committee. The concern was not having a member of their Board as part of the committee. That’s been satisfied through the amendment. It just establishes a committee. It does not send the committee in any which way, direction or anything else for that matter. It would be really helpful if they brought forward all the material they have gathered over the years through their process. Bd. of Aldermen – 10/09/12 Page 11 President McCarthy Motion is to amend with a golden rod copy. MOTION CARRIED Alderman Donchess Is a motion to table a motion that can be discussed? President McCarthy Motion to postpone to a time certain would be. Do you want to postpone it to the following meeting or until we have a recommendation from the Board of Public Works either of those would be in order and would be debatable. Alderman Donchess Mr. Chair, I move that the Resolution be tabled until the next meeting to be held on October 23, 2012 and I would like to speak to that motion. MOTION BY ALDERMAN DONCHESS TO POSTPONE UNTIL THE NEXT MEETING OF THE BOARD OF ALDERMEN ON THE QUESTION Alderman Donchess In my view we have accommodated the concern of the Board of Public Works, but the Mayor has asked that this be tabled. I think it is reasonable to accommodate that request for two weeks. I appreciate what Alderman Dean and Alderman Pressly have said in support of the resolution, but I think the recycling in Nashua has a strong consensus of support and I think it’s important to seek to expand our program to include many residents who cannot participate yet. I think given the number of sponsors and the people who voted for this, I think there is a lot of support for the study that is being proposed. I would hate to see us move forward on a divisive basis regarding whether we are going to vote this week or two weeks from now on a resolution that I thinking there is broad support for. So, despite the fact that I think we have accommodated the Board of Public Work’s concerns, I am willing to move to accommodate the Mayor’s request and take this up in two weeks. President McCarthy Motion is to postpone until the following meeting. Alderman Pressly I certainly support the postponement and I agree it is universally supported and adopted. I would just like to remind everyone that the Board of Public Works meets at 2:00 in the afternoon, so it makes it hard for public participation to go to their meetings. I would certainly be happy, I don’t know if they meet between now and two weeks and the Mayor is the Chairman of that Committee. They do meet at a difficult time for citizens to show up so I hope some of you who want to hear from them will come to their meeting since you want to hear directly from them. Alderman Dowd Bd. of Aldermen – 10/09/12 Page 12 I will support the tabling because the Chairman of the Committee has asked us to bring it back for some reason and I don’t think two weeks is going to be a major difference. I do support the intent, so I will support the tabling. President McCarthy Any further discussion on the motion to postpone. MOTION CARRIED Resolution R-12-44 declared duly adopted as amended. R-12-66 Endorser: Alderman-at-Large Barbara Pressly REGARDING PAINTING THE INTERIOR OF THE TWO PARKING GARAGES WHITE AND CONSIDERING MURALS Given its second reading; MOTION BY ALDERMAN PRESSLY TO AMEND R-12-66 IN ITS ENTIRETY BY REPLACING IT WITH THE GOLDEN ROD COPY PROVIDED WITH THE AGENDA ON THE QUESTION Bd. of Aldermen – 10/09/12 Page 13 Alderman Pressly Thank you. The changes were made to go for an RFP and to do it exclusively for one garage, for the Elm Street garage. I would be happy to answer any questions that people have. Alderman Deane Thank you Mr. President. We got a memorandum that you had requested from Attorney Clarke, dated October 9. Questions on amendments to R-12-66 “Regarding painting of the garages”. You asked me to comment on two issues relative to the committee amendments to R-12-66. A “RFP” or request for proposals is generally used when the scope of work is unknown and different ideas or proposals would be considered by the city. These generally fall under NRO 5-81, “Competitive proposals”, which states “in cases where competitive sealed bidding is not practical, the Purchasing Manager may authorize that a purchase be made on the basis of the evaluation of competitive proposals and resultant competitive negotiations”. An “IFB’ or invitation for bids is generally used when the scope of work needed is well-defined, and in this case I believe it is, and the major issue in choosing a qualified vendor is price, which we hope it always is. These generally fall under NRO 7- 78, “Major purchases (greater than $10,000), which states “(a)II supplies and contractual services when the estimated cost thereof shall exceed $10,000, shall be purchased by formal, written contract from the lowest responsible bidder, after due notice inviting bids”. Outside contracting of paining one or both of the cities’s garages would seem to fall in the category of an invitation for bids under NRO 7-78. And I agree. NRO 5-19-G which states that “all resolutions and ordinances which involve the expenditure of funds shall specify in the body of the legislation the amount and source of the funds to be expended. Although the exact amount to be expended under this legislation would not be known, the fiscal note on the legislation indicates that a rough estimate of the cost of labor and materials to paint the interior of city’s two parking garages would be $50,000. So I believe, Mr. President, in that second sentence in the body of the legislation, RFP should be removed and IFB should be set in its place. So I would make that motion. MOTION BY ALDERMAN DEANE TO AMEND THE AMENDMENT BY SUBSTITUTING IFB FOR RFP President McCarthy Does everyone understand the motion? Alderman Moriarty I do understand the motion and the difference between RFP and IFB, but it would be my feeling that we as Infrastructure Committee at least weren’t sure of the scope enough to submit an RFP. That this seems to be a nice opportunity to allow the bidders to vary their scope. President McCarthy The reason I brought the question up is that the Request for Proposal process is typically used with professional services if we want a design done or something where there are alternatives. Painting a given scope of walls white, in my opinion and I think in corporation counsel’s opinion and apparently in Alderman Deane’s opinion, is something we would typically put out to bid and not do a Request for Proposal because it is not professional service, it is just construction services that we would bid. Bd. of Aldermen – 10/09/12 Page 14 Alderman Vitale I have to apologize, I haven’t read the minutes of the Infrastructure Committee meeting, but is there a certain reason why it was used or was that part of the discussion because in everything that I know, necessarily painting something white doesn’t meant that is the right color to use just for brightness and safety, that there are other ways to promote brightness and safety and why white. It’s really one of those really hard colors to use to do all white even in a house or anywhere else. I just want to know where the white came from. President McCarthy I guess right now I would like to restrict the discussion to the amendment to the amendment, which is to change RFP to IFB. Any further discussion of that motion. MOTION CARRIED President McCarthy We are back to the motion to amend by substituting the golden rod copy with IFB substituted for RFP. Any further discussion of that motion? Alderman Sheehan Being that the cost of doing this is approximately $50,000, in the interest of promoting safety and we are doing this on a feeling rather than a study, I would rather hear from professionals first if improving lighting and putting in cameras for $50,000 wouldn’t better enhance safety. I think this is well intentioned but I do not think it is the best use of our $50,000 to improve safety. I do not see anybody choosing to go to a garage or not based on the color but knowing that it is very well lit and there are security cameras getting everybody’s license plates going in or out. I think we have a downtown committee that is working very hard on some of these things and I would like to hear some of that. That might be the answer to do in a while, but I think doing it first is just out of the order that it may need to happen in, so I will not be supporting this. Alderman Tabacsko Similarly, one of the things that struck me as I was looking at this before tonight’s meeting is the lack of a couple of things. The lack of funding source and also lack of input. Last I heard, I think its called, I’m not sure of the right term, is it called the Parking Department that is managing the garages? We have people on staff that are charged with management of the physical facilities and I would like to hear from them before we start slapping paint on the walls. I think this is a good idea in that it is trying to address an issue as much as Alderman Sheehan just mentioned, but I think this is probably not quite ready yet and I think I would be willing to support the amendment to get it to the golden rod copy with the IFB, but then I would look for an opportunity to make a motion to re-refer this to committee for further study. MOTION BY ALDERMAN TABACSKO TO RE-REFER TO COMMITTEE FOR FURTHER STUDY ON THE QUESTION Alderman Deane I would like to respectfully correct my colleague. It is not $50,000 for one garage. This is $25,000. I believe the memorandum that we got from Attorney Clarke stated that the $50,000 was for two . The city’s two parking garages would be $50,000. I guess, I’m not going to lose a lot of sleep over Bd. of Aldermen – 10/09/12 Page 15 this, but this downtown parking committee, did we charge them with all the garages too? Are they doing that too? President McCarthy I don’t know that we charged them with the garages. They have made some recommendations on the garages and there other recommendations. Alderman Deane Were they to paint them by any chance. President McCarthy I wouldn’t know. The recommendations we have so far regard the parking regulations. Alderman Deane We’ve gone through the garages and we’ve done the structural repairs to them and things of that nature. This is more of a lighting, brightening process to the garages. I won’t speak for Alderman Pressly, but I think that was her intention perhaps. There is plenty of money. I can find the money for this in two minutes. Money is not an issue. We’ve got money for everything else. I think this is a worthy project. I think the idea and the discussion by those of us who attended the Infrastructure committee pertain to instead of doing both garages we went back to doing just one instead to see how things worked out. Thank you. Alderman Pressly Thank you. I don’t plan to (inaudible)(102948) this either. Happy to re-refer it. We have some really good examples right now. I hope all of you will take the opportunity to take a look at the Elm Street Garage. They have just now painted the stairwell and it’s a beautiful shade of blue. You have no idea what a difference it makes. It’s safer, it’s cleaner, it’s more inviting. The other thing as far as the value of painting cinder block, those of us who had the privilege of going to the police program on Saturday, along the way I pointed out repeatedly, please take note of the painting on the walls. They had cinder blocks in some of the holding patterns and they were all painted so that the rooms were far more inviting, they are safer. I think it is going to make a big difference. I am happy to refer to the committee and maybe bring in the people that know about this. I don’t care what color it is as long as it’s a pastel, it’s a color that lightens the corners. I also encourage a lot of you go to some of the parking garages and the condominiums. Almost all of them, the ones I have been in anyway, have been painted white or an off-white. It’s amazing how you can see in the corners. It’s not scary because it is very, very well light. If we do bring the garage people in, I would like to also push for lowering the lights, please. Take a look inside our parking garages. All the lighting for the whole building is recessed into the upper wall so that it doesn’t light up the whole area. It just lights up the space right below the walls. It is something that should have been corrected a long time ago. I don’t know expensive it would be to lower those lights, but if you bring the lights down to the level of the lowest part of the ceiling, the light reflects all over the area. Please take a look at these garages and drive all the way to the top. Both of them have parts that are absolutely blocked and I think something simple like paint and lowering the lights would improve the safety, the appearance of the garages and make them far more agreeable and a feeling of safety to go to them. Thank you. Happy to have it go back to committee. Bd. of Aldermen – 10/09/12 Page 16 Alderman Vitale I have to agree. I think we need to look at exactly what color would be the best, whether it be white or something else. Before we restrict ourselves by saying white, in the way the wording of the resolution is and the fact that, my understanding is on most things, is it the combination of the lighting and the color of the paint on the wall and I would like to see it expand a little bit further. But I do agree on making our parking garages as we have talked about over the years, and there is different ways, the signage, the color, how we get in and out, it all works together. As far as this goes, I think it does need a little bit more discussion. Alderman Dowd Yes, I think anything that’s going to make the parking garages safer is something I support, but through the Chair and the maker of the motion, since the organization is responsible for mainlining the security of those garages of the police department, have we talked to them what we think would be the best moves to make the garages safer? Alderman Pressly I have spoken with them on many occasions, but I don’t have an opinion from them. If you do refer it to the committee, certainly let’s ask them. I think they, as all of us would like the garages to be very friendly. One of the issues that has been discussed has been the fact that there has been an issue over the years where homeless people do sleep in the garages and that’s been something that they worked on to try to remedy. Even to the point of putting port-a-potties in the garages to prevent the homeless people from using the facility and use the port-a-potty instead. They are certainly aware that the garages are an issue. I think they should really be looked at in-depth and maybe if we do send this back to the committee we might come up with even more and better ideas, so stay tuned I guess. Alderman Deane What is the motion on the floor, Mr. Chairman? President McCarthy The motion is to amend to the golden rod copy , plus your amendment of RFP to IFB. Alderman Deane I would like to further amend, Mr. Chairman. In the body of the legislation by removing the word white. The parking garage shall be painted. MOTION BY ALDERMAN DEANE TO FURTHER AMEND BY REMOVING THE WORD WHITE ON THE QUESTION Alderman Cookson Thank you. If my colleague would be so kind, maybe instead of just removing the word white, maybe we replace it with an appropriate reflective color. Bd. of Aldermen – 10/09/12 Page 17 President McCarthy May I make a suggestion in the interests of expedience. If we were to adopt the amendments as they are at the moment and then entertain the notion of re-referring to committee, these things might better be handled at the Committee on Infrastructure. Alderman Deane I agree. President McCarthy Is there any further discussion on the motion to amend? MOTION CARRIED President McCarthy Is there another motion? Alderman Tabacsko At this time I would move to re-refer Resolution 12-66 to Committee on Infrastructure. MOTION BY ALDERMAN TABACSKO TO RE-REFER R-12-66 AS AMENDED TO COMMITTEE ON INFRASTRUCTURE ON THE QUESTION Alderman Cookson Thank you Mr. President. Through you to the Mayor. I know that at least through this conversation this evening, we have identified at least two potential departments that have some responsibility for the garage, one being the police, the other being Transportation. When this comes back before the Infrastructure Committee would somebody from that department be available that evening to discuss R-12-66? Could they be made available, please? Mayor Lozeau I believe that it may make the most sense, Alderman Cookson, if you take it up the evening that they are going to be there discussing parking. Mr. Sousa will be there for that as you know. We are trying to see if we can make that happen at your next meeting, so that is probably a good time to have them. He will also be able to tell you about all the things that we have already planned for the garage which are happening in stages, which is the stairwells are being painted and the rest of the garage will be painted. He can explain it. Alderman Cookson It makes good sense. Thank you. Alderman Tabacsko Due to my oversight, I should have also included and I think you can just do this without it being part of the motion, but because they are just an appointed advisory committee, but the downtown Bd. of Aldermen – 10/09/12 Page 18 committee probably should be given the legislation as well and the invitation to the meeting we were just talking about because I’m sure they would have some thoughts and at least I would like to see us offer them and include them in the conversation if that is all right with everyone and we just do that as a matter of course referring this to them, or do we need to make that as well. President McCarthy We will make sure that our legislative assistant forwards it. Alderman Deane Then we should contact the fire department and the police department as well to get them to weigh in, and the Health Department too. President McCarthy The Police Department will be contacted. Alderman Deane I think the Fire Department should be told about it as well. President McCarthy Motion is to re-refer to the Committee on Infrastructure. MOTION CARRIED R-12-67 Endorser: Mayor Donnalee Lozeau APPROVING A FIRST AMENDMENT TO THE TOWER COMMUNICATIONS SITE LEASE AGREEMENT WITH METROPCS MASSACHUSETTS, LLC RELATIVE TO ITS WIRELESS COMMUNICATIONS SITE LOCATED IN MINE FALLS PARK (10 WHIPPLE STREET) Given its second reading; MOTION BY ALDERMAN CRAFFEY FOR FINAL PASSAGE OF R-12-67 MOTION CARRIED Resolution R-12-67 declared duly adopted. R-12-72 Endorsers: Mayor Donnalee Lozeau Alderman-at-Large Lori Wilshire Alderman Diane Sheehan Alderman Mary Ann Melizzi-Golja Alderman June M. Caron Alderman Richard A. Dowd Alderman Michael J. Tabacsko Alderman Kathy Vitale Alderman Arthur T. Craffey, Jr. Alderman-at-Large Barbara Pressly Bd. of Aldermen – 10/09/12 Page 19 RELATIVE TO THE ACCEPTANCE AND APPROPRIATION OF TRANSPORTATION ENHANCEMENT FUNDS FROM THE STATE OF NEW HAMPSHIRE DEPARTMENT OF TRANSPORTATION IN THE AMOUNT OF $280,104, AUTHORIZING THE TRANSFER OF MATCHING FUNDS, AND AUTHORIZING THE ACQUISITION OF PARCELS IDENTIFIED AS TAX LOTS 36-1 AND 36-70 Given its second reading; MOTION BY ALDERMAN WILSHIRE FOR FINAL PASSAGE OF R-12-72 MOTION CARRIED Resolution R-12-72 declared duly adopted. UNFINISHED BUSINESS – ORDINANCES O-12-22 Endorser: Mayor Donnalee Lozeau Alderman-at-Large David W. Deane AMENDMENTS TO THE PURCHASING ORDINANCES TO ALLOW SALE OF SURPLUS STOCK BY ONLINE AUCTION Given its second reading; MOTION BY ALDERMAN DEANE FOR FINAL PASSAGE OF O-12-22 MOTION CARRIED Ordinance O-12-22 declared duly adopted. O-12-23 Endorsers: Alderman Paul M. Chasse, Jr. Alderman Arthur T. Craffey, Jr. Alderman June M. Caron ADDING PROVISIONS FOR HEARINGS AND FINES TO THE BOARD OF ALDERMEN’S CODE OF CONDUCT Given its second reading; MOTION BY ALDERMAN CHASSE FOR FINAL PASSAGE OF O-12-23 BY ROLE CALL ON THE QUESTION Alderman Wilshire I won’t be supporting O-12-23. While I appreciate the efforts in this ordinance, I think it’s too subjective. Alderman Chasse I was just going to say, it’s cut and dry. It’s either a yes or a no vote. I tried. I’ve been trying to help out this chamber to stop the looney tunes. It’s embarrassing when you go out there in the public and they, you want to see some fun you turn on the Board of Aldermen meeting or any one of our committee meetings and you hear this more than once. This is pretty cut and dry. If you are in favor of it, vote yes, if not, vote no. I am not looking for any amendments or anything. Pretty cut and dry. Thank you. Bd. of Aldermen – 10/09/12 Page 20 Alderman Tabacsko Thank you Mr. President. I just wanted to state that I won’t be supporting this and I do appreciate the effort by the author and the attempt because it’s an issue, but it’s something that, as the previous speaker said, it’s so subjective. I think it just goes to show that we really can’t legislate anything as subjective, as behavior, personal style or even character. Ultimately the public will judge us and weigh in on that at the next election. I think while decorum is extremely important and that we should all hold ourselves to a higher standard than anyone else, the reality is that when you get into the details of this short of legislation, you find out very quickly that you get lost in the weeds and you loose the intent, in my opinion. I think we have to do the best that we can and move on from here, but I will not be able to support it. Alderman Moriarty Yes, I have a couple of questions. First one is, even without this ordinance in place, presumably any one of us, upon the request of any member could submit a nonbinding resolution which sanctions another alderman, is that true? President McCarthy Yes. Alderman Moriarty So, if that resolution were submitted, what Committee would it be referred to? President McCarthy It would naturally go to the Personnel Committee. However, I can only recall once when that has actually occurred and I believe that debate took place at the full board, in fact. Alderman Moriarty Does a nonbinding resolution have to be debated in order for it to be submitted? I guess I’ll rephrase it. If the Board of Alderman as a majority are not in support of a resolution, will it still get referred to Personnel Administrative Committee? President McCarthy It would follow the path that any legislation would take, which is, it would be introduced. If no motions were made when it was given first reading it would be referred to committee. When ordinance has it’s first reading, we can either move to suspend the rules for second reading if we intend to pass it or in fact it is in order at first reading to move for indefinite postponement and simply kill it at that point, if we so desire. Alderman Moriarty I like this information got from Paula Johnson, and apparently, there already is a section, removal from office which allows 10 votes, so certainly there is an extreme measure which we can take as a Board to sanction somebody, which is remove them from office. I certainly am all for, the idea of allowing for a non-extreme measure of sanctioning somebody and apparently through the answer you just gave, we don’t need this legislation in order to do that. We could simply submit a nonbinding resolution and that would make the effect of bringing attention and making people discuss that particular resolution in order to highlight an issue of a single person. I think that is true. Bd. of Aldermen – 10/09/12 Page 21 In generally of support of doing something like this sort, I am not a big fan some of the specifics of it. I know Alderman Chasse said he was not looking to amend or anything, that’s fine. I would sort of recommend that, the first paragraph talks about on the request of any member the Board of Alderman shall refer to an alleged violation to the Personnel Administrative Affairs Committee, well that can happen anyway. The Committee shall conduct a hearing of the alleged violation, may request the attendance of members or witnesses, that would happen anyway. All findings or violations of the Code of Conduct shall be by a majority vote of the Committee and in the violations. What I am not a big fan of in this particular legislation, it does leave the final decision of being guilty or not guilty to just the Personnel and Administrative Affairs Committee. I would much rather say, all findings or recommendations of violations of the Code of Conduct shall be a majority vote of the Committee, which would happen anyway even if we didn’t have the resolution. So the first paragraph may not be necessary and so the second paragraph, violations of the Code of Conduct shall be punishable by imposition of fines of $10, the Personnel Administrative Affairs Committee could make that recommendation anyway without having this resolution. So I like what Alderman Chasse is doing. I want to support him in it. I think we can already do it with the way it already exists. Alderman Sheehan I would like to agree with my speaker, colleagues, Alderman Wilshire, Alderman Moriarty and Alderman Tabacsko, specifically the subjective part and then being to have a minority. But something that nobody has brought up, which I think, although this was very well intentioned I think just drafting this gave me a good idea of how this can be making the problem worse. Whereas, something that happened that someone might get over ends up being in the newspaper for weeks on end or months on end as these things get dragged out and feelings then do get built up rather than minimizing something and trying to work together. I think it exacerbates the problem. I think some people use it as an opportunity where it shouldn’t be and I just don’t think this is the way to do it. I think we have court of public opinion. I think if something is subjective and somebody wants to do this, it’s very easy to make sure that this stays on the front page or the headline for four weeks over something that’s subjective, keeping us from doing what we really need to be doing, the business of the city. As Alderman Moriarty said there are already measures there if something rises to that level, but I think exacerbating the problem isn’t going to help fix a personal relationship that perhaps colleagues could work on a lot easier without adding this much more attention to it. Thank you. Alderman Dowd Yes, this is one item that a number of people have called me and come up and talked to me about. While I support the intent, most everyone has said to me that they feel that, as was just mentioned, it is just going to perpetuate whatever the subject was and their bottom line was, just behave. If you want to agree to disagree you can disagree on the subjects at hand, but don’t make it personal. The minute you start making discussions personal, that’s when you’re out of line. I think, as was stated by Alderman Moriarty, there are already ways to legislate if somebody is way out of line and I think that is all we need. While I’m torn because I certainly appreciate the intent of the motion, I won’t be supporting it. Alderman Moriarty However, by analogy of the present Human Affairs Ad Hoc Committee which is in the process of investigating the past winter of the Review and Comment Committee. Alderman Sheehan Point of order. We’re not. Bd. of Aldermen – 10/09/12 Page 22 President McCarthy Not technically a point of order. Alderman Sheehan But he just stated that we are investigating, and we’re not, just for clarity. President McCarthy My understanding of that Committee is that it is looking to improve the process, not investigating past events. Alderman Moriarty Ok, so by analogy, the Human Affairs Committee’s Ad Hoc Committee which was specifically created to study the procedures of the Review and Comment Commission, including what happened this past winter, that process already could have taken place the way the charter was written. One of us did submit an ordinance or resolution to get the ball rolling. So I certainly would like to help Alderman Chasse get the ball rolling and somehow make it clear that this type of investigation or analysis could occur, just to clarify it, and I would certainly be willing to work with Alderman Chasse if we referred this because I can already think of two sentences I would change that would get the point across and I think he might get better support. But in general, I certainly do want to perpetuate some of the discussion that has been happening, that a nonbinding resolution would happen and I would suggest that maybe Paula Johnson, or anybody or myself or anybody who feels wronged start the ball rolling by submitting a nonbinding resolution. Alderman Wilshire I have a question. I guess it was never to clear to me that any kind of infractions or whatever by a member of this Board would be discussed at the Personnel and Administrative Committee. If that’s the case then, what is Ethics Review Committee, that’s not to sanction actions of any members of this Board? President McCarthy I think the espoused purpose of the Ethics Review Committee is to deal with issues of conflict of interest. Alderman Deane I’d like to ask the attorney for his opinion on the purpose of the Ethics Review Committee, it’s strictly for conflicts of interest? Attorney Stephen Bennett It’s for alleged violations of the conduct regulations applied to both the employees, elected officials and so forth as listed. In general, they are conflict provisions that we have in our conduct regulations. Alderman Deane Thank you. Bd. of Aldermen – 10/09/12 Page 23 Alderman Vitale I am on the Personnel Committee and we’ve had a number of discussions and I voted to recommend final passage of this, not necessarily because I agree that there should be fines or anything like that, but as Alderman Chasse pointed out, there seems to be those times that there should be another step where you feel like, how can you step forward. I mentioned that maybe we should all be given an update on how, when we see something going on in these chambers that you know has carried a little bit too far, how can each one of us in the appropriate way come forward and say, let’s stop this right now and re-direct the tone of the conversation or whatever. I know there is a proper procedure to do that and it wouldn’t hurt for us to go over it. This is one of those ordinances that you would like to pass and then never use. That seems contradictory because you’re passing ordinances for a specific purpose of using them. I don’t necessarily want to be in favor of it, but I do support it from our discussion at the Committee level and I like everything that I hear everybody saying, it’s just how do you resolve those kind of discussions that take place, that maybe are overboard and not just on the topic but really do go into or border on your attacking the other person as a person versus as a topic and it’s worth a discussion. I will support it, not necessarily because I believe in it but because it got to the point that we actually are having this discussion. Alderman Pressly Just a point of clarification. If we were to pass this tonight with the fine, it could be undone. I mean it’s something we can try for a year and see if it works and then maybe even put a sunset clause in it, that this would be tried for one year, so that it would not become permanent. It seems as though what we’re doing is not working. I’ve been trying to read the information that Paula Johnson gave. If I read this correctly, there has been a specific charge. My question to you is, if this #58 Removal from Office, as I read it, you are supposed to, after due notice and a hearing. Is that correct? President McCarthy I am not going to try to sort it. There is a provision by which we can, after notice remove a member of the Board, yes. Alderman Pressly So, I guess the question tonight is, if a member of the public as there appears to be, has a charge that they want to make, how do we deal with it? President McCarthy I can’t answer that question for you. Alderman Pressly Well, maybe Attorney Bennett might. We’ve had a situation where a member of the public has made a specific charge and has asked for an apology and so what is the appropriate thing for a governing body. Multiple speakers Point of order. Bd. of Aldermen – 10/09/12 Page 24 Alderman Chasse What does that have to do with my ordinance?. It’s public, this is Board of Alderman. Alderman Pressly Well that needs to be then clarified. If a member of the Board has a complaint against another member, what we’re looking at, it appears to be anybody. So, the current laws, if I’m reading it correctly, it says “on specific charges”. It doesn’t say it has to be a member of the Board. If someone comes forth and says any of us have done something wrong that they think there should be some discussion, what do you do? Alderman Tabacsko At this point, I would like us to focus on the legislation before us and take whatever action we’re going to take on that. I do not see these two subjects as related. I don’t think that there is a connection specific to this legislation. This legislation currently is proposed. Nothing has happened with it and it does, to me, seem to read that it is kind of an in-house thing, it’s upon request of any member. I don’t see this as being germane to the earlier subject that was brought up by a member of the public. Alderman Moriarty I will attempt to explain why it is relevant. Well, the Ethics rules 593 Definitions, Municipal Employee a person performing services or holding an office, if I understand, if the alleged violation of the code of conduct applies to actions outside the chambers and based on the ethics rules from Section 593, I would have to read through it again, but if somewhere in the charter it says that as an employee you are supposed to be ethical everywhere, if that is true, then the alleged violation does not necessarily have to between each other in the Board of Aldermen. The alleged violation could be of any one of us doing something outside of chambers. So that upon the request of any member, the way this is written it says that, one of us would have to introduce an allegation of someone else and that allegation of someone else could be something they did anywhere. That’s why it would be relevant if I did something to a public person, one of you could make that allegation to me. This legislation seems to support that, enable that. Alderman Donchess Of someone who has been involved in litigating disputes between people for a long time, I think there is more complication here than immediately meets the eye. I appreciate the intent of the ordinate. I think under the leadership of the President, everyone has been attempting to comply with the decorum provisions to the best of their ability. To the extent that has not happened, in my view, it’s a very rare exception because we are here for many, many hours. Many committees and many meetings debating and discussing issues on which there is significant disagreement, not in terms of everyone wants to pursue what’s best for the community but people disagree to exactly how that should be accomplished and sometimes feelings run pretty high. But what kind of complications am I talking about? The judgment by the Board of Aldermen and by this Committee that someone has violated the decorum rules could be viewed as a serious sanction. The analysis suggests that there is an appeal of a fine pursuant to 4719, that is a state statute. But some other state statutes right around there 4720 suggests that from a judgment of a violation by a municipality, the person against whom this judgment has been made might have an appeal to the Superior Court. What kind of things are talking about? You are going to be subject to sort of due process rules in the end I think. Someone who has witnessed this event is not going to be able to sit on the committee that oversees this. In fact, really the committee as a whole might be disqualified under due process standard from hearing any of these complaints. Why? Because generally speaking someone who acts as a judge Bd. of Aldermen – 10/09/12 Page 25 or in a judicial capacity and not know the people involved in the dispute cannot have some kind of involvement with them, either socially or even in a setting such as this, or maybe has had some kind of position on an issue that was being argued when the alleged violation occurred. So, there would be a question as to who could even sit on this. Then there’s the question of, this is a serious charge and the person being charged have a lawyer. Is that going to be denied? Is there cross examination? If someone comes in and offers, well I was there and what I heard was as follows, is there going to be cross examination or does that just go uncontested? Due process would say you have the right to cross examine. Then if you permit a lawyer for the person being accused, then is there a prosecutor? Who is that going to be, the city attorney or someone else and then do they get to cross examine? These are the kind of subjects that a court on an appeal would be asking about. I could go further with this and I won’t, but I also agree with the sentiments that have been expressed that someone in a heated moment says something that maybe they regret, but now if they are officially charged, this thing could go on for weeks or months and involve the city in a sea of dispute and maybe even litigation as this thing is appealed into the courts. As much as I appreciate the sentiment (110549) and as much as I agree that the decorum of the Board of Aldermen given that we are one community here is important. I do think it’s a matter that needs to be judged by the public. I think there is far more complication in carrying this out than would meet the eye. I agree with those who have said that this will exacerbate problems rather than relieve them. Alderman Dowd Correct me if I’m wrong, but I believe there was a code of conduct that was adopted by the Board a long time ago. I know where I work and Alderman Moriarty works, in our conference rooms it is posted. If you violate any of those, whoever is chairing the meeting points out that you are violating them. There shouldn’t be confrontation back and forth. If you’re violating one of those codes of conduct then you should be stopped. That should solve most of what we are talking about. Alderman Chasse I think I’ve heard enough. I kind of agree with you Alderman Donchess, there is a problem in the Board and it’s not fair to the ones who are not involved. It seems to be repetitious with the same ones. I kind of agree with Alderman Dowd, it is the Chairman or the President that is going to have to take the bull by the horns. With that being said I would like to make a motion for indefinite postponement of O-12-23. President McCarthy I assume you are substituting that for the original motion? Alderman Chasse That is correct. MOTION BY ALDERMAN CHASSE FOR INDEFINITE POSTPONEMENT OF O-12-23 ON THE QUESTION Alderman Donchess Before I vote in favor of Alderman Chasse’s motion, I would like to say that I think he has done a good job in highlighting this issue and I think that it has reminded all of us that this decorum is important to the extent we have anybody who said anything that they regret, it has made them think about that and maybe the solution proposed in the end maybe was impractical, but certainly the effort of bringing this forward, I think we should appreciate. Bd. of Aldermen – 10/09/12 Page 26 Alderman Pressly I would also like to say I am sympathetic in the effort put into this. Thank you for trying this. I think we all have a better understanding of how complicated it is. My understanding of parliamentary procedure is that the presiding officer is in charge and the gavel is there. It’s either the President of the Board or the various committee chairs. I also believe that the solution is often an apology, just a simple apology. I find that difficult that some people find that so hard to do. An apology to me shows strength of character, it shows that you are willing to apologize when its appropriate and I would hope that would take place and I think that’s often all that is needed. Thank you. MOTION CARRIED Ordinance O-12-23 indefinitely postponed. . NEW BUSINESS – RESOLUTIONS R-12-77 Endorsers: Mayor Donnalee Lozeau Alderman Michael J. Tabacsko Alderman Richard A. Dowd Alderman Mary Ann Melizzi-Golja Alderman Diane Sheehan Alderman-at-Large Barbara Pressly Alderman Arthur T. Craffey, Jr. APPROVING A FIRST AMENDMENT TO THE SITE LEASE AGREEMENT WITH SPRINT SPECTRUM L.P. RELATIVE TO ITS WIRELESS COMMUNICATIONS SITE LOCATED IN MINE FALLS PARK Given a first reading; assigned to the FINANCE COMMITTEE and the BOARD OF PUBLIC WORKS by President McCarthy NEW BUSINESS – ORDINANCES O-12-25 Endorsers: Mayor Donnalee Lozeau Alderman-at-Large Barbara Pressly Alderman Arthur T. Craffey, Jr. Alderman Michael J. Tabacsko Alderman Richard A. Dowd Alderman Mary Ann Melizzi-Golja Alderman-at-Large Lori Wilshire UPDATING THE TRAFFIC ORDINANCES TO REFLECT FINAL BROAD STREET PARKWAY PLANS Given a first reading; assigned to the COMMITTEE ON INFRASTRUCTURE and the BOARD OF PUBLIC WORKS by President McCarthy PERIOD FOR GENERAL PUBLIC COMMENT Stacie Laughton, 243 Main Street, Apt. 33, Nashua I have just a general comment. From time-to-time I hear people mention to me when I bring forth my opinions to the Board here that maybe I may not do my homework or maybe I should reach out to certain members here and maybe I might not formulate a certain opinion. On often occasion I talk to different members of the Board. I have utilized the staff of the Mayor’s office, I’ve even been inside Bd. of Aldermen – 10/09/12 Page 27 the City Clerk’s office from time to time. I find I get the information I am looking for. I consult with friends and neighbors to see what they think and I formulate my opinions based on what other people have to say for input based on my personal feelings, but to say that maybe I should do something that was a little off because I do reach out, I do get information and I do formulate opinions based on facts and not just some half gathered information. But I do gather information from any number of people here and I do find that everyone here is very knowledgeable from what they do and I get information that is accurate and to the point and I want to especially thank my Ward Alderman, because I’ve talked to him many times, Alderman Craffey regarding different things and he has invited me to different meetings. Again, I do my research and I thank the people that have provided me information. Thank you. Paula Johnson, 15 Westborn Dr., Nashua I just want to say thank you. That was a very healthy discussion on O-12-23 and I appreciate the Aldermen who took the time to read my little package that I put on the desk. It takes a lot of willpower not to get angry in these meetings and it can get heated at times, very heated, because we all have our own opinion and we all want to do what we feel is good for the city as a Ward and as At-Large-Aldermen. But one thing Alderman Pressly said at the end, it only takes an apology, an apology. So if you get a little bit heated, you say the wrong things you apologize. What’s the big deal of an apology. You were wrong, apologize. So again, I’m asking for the apology for what happened in the parking lot. And it is, in my opinion, it is the President that sets the tone and that no Alderman in this chamber should be treated with disrespect and no citizen of the city should be treated with disrespect also. Thank you. REMARKS BY THE MEMBERS OF THE BOARD OF ALDERMEN Alderman Pressly Thank you. I would just like to thank the Nashua Police Department for a really interesting Saturday. The invitation was for all of us and one-third of us were able to go. I’m sure that the others that were there will comment on it. I did notice a lot of things besides the paint on the walls. It was a fascinating day. I learned so much and the respect that I’ve always had for our police department is now up three- fourths higher than it was. It was fascinating to see what they do and how they do it. It was really a hands-on. It was a fascinating, wonderful day and I thank them from all of us for doing this. It was really informative and a very, very helpful day. Thank you. Alderman Craffey Thank you. On October 18th at 7:00 p.m. Amherst Street School, we are having a Ward forum meeting to talk about parking in the Chautauqua – Broad Street area. Everybody is invited. Alderman Deane A couple of things. I would like to thank the many online readers who participated in the Telegraph’s Best Of, for giving Tom’s Barbershop and overwhelming victory for the best barbershop in the city. Tom is my personal hairdresser. He gives two cuts; he gives a summer cut and a winter cut and he won’t tell me the difference between the two. I had a question. We have a resolution in front of us R- 12-071 which is basically authorizing the sale of the additional properties and I do realize that some of them are just flat pieces of ground now because the buildings are gone, how would you go about finding out if anyone or any business happens to be occupying any of these structures, where would I find that information? Should I just go to the street map and start knocking on doors. Bd. of Aldermen – 10/09/12 Page 28 President McCarthy I think we can ask the Administration to give us whatever information there is. Alderman Deane How can we get that. President McCarthy I’ll forward a request that we get that information. Alderman Sheehan I’ve been asked to share the upcoming event for the Nashua Public Library which is ties to the Nashua Reads Program and this year’s author is Jane Hamilton and she has an up close and personal opportunity to sit with her or a general public presentation on Sunday, October 21st at Rivera College. I have been each of the years that they have done this and I can say it is a very worthwhile afternoon. This is an author who has written many, many books. The book this year was When Madeline was Young which was very good, but she is very well known for the Book of Ruth and some others. Tickets are $25 to go to the wine and cheese reception and it’s $7.00 for just the general book speech afterwards and there are books available to buy there. It’s a great program that the library puts on every year and the book was a very good book and there is still time to read it. There are a couple of weeks left. The tickets are available at the library itself and I hope to see you there. I enjoy it every much. Alderman Tabacsko I just wanted to make note of a couple of things from the Fire Department. First of all on Sunday, I had the honor to attend along with you and Alderman Melizzi-Golja and the Mayor the Memorial Sunday Observance along with all of the fire fighters, active and retired. It’s an annual event that I have attended for a number of years now and it’s always a moving event and I know it’s something that’s important to them and I just wanted to mention that publically. The other bit of news that I wanted to pass along is that, we had mentioned last meeting that Deputy Chief Dan Cronin had retired after 35 hours, so as you might imagine that ends up starting something of a domino effect over at the Department so there are a number of announcements, so I would like to acknowledge publicly and congratulate publicly the newly promoted officers starting with: Newly promoted Deputy Chief Karl Gerhard who is now Deputy Chief and he will also actually take over the Operational Oversight Duties for the Dive Team. Newly promoted behind that is Captain Gordon Wilson and he will be assigned to the Equipment Committee. Newly promoted to the rank of Lieutenant was Lieutenant Patrick Nelson. Newly promoted to the rank of Safety Training Lieutenant is Lieutenant William Campbell. It is also noted that Deputy Chief Mike O’Brien who had been handling those dive team functions is taking on some senior staff functions and he had been taking care of the Dive Team for a long time. So now Deputy Gerhard will move into that. Things move on and are looking positive and we want to congratulate those guys on their promotions. Thank you. Alderman Donchess I wanted to also speak briefly about the academy or open house that the Police Department put on Saturday. I too was very impressed by it. The things that struck me the most were the details regarding the hiring process that were discussed at the beginning. Also, the skill with which the trainers for the department are able to exercise in trying to educate all the other officers regarding the skills needed for the job. Firearms training and the like was incredible. The ability that they have Bd. of Aldermen – 10/09/12 Page 29 in exercising some of these responsibilities and handling weapons is really incredible. Also, the Pop Unit and their presentation was significant and remarkable. They talked about many of the problems that they are dealing with in the city and they really run the gamut. I thought it was a great thing that they did, the police department. They taught me a lot about their responsibilities and how they are fulfilling. Alderman Moriarty I forget when it was, when R-12-69 was discussed and was a Budget Review Committee, regarding accounting for the cost of the Main Street project and it got a lot of flack in the newspaper for making those requests. One of the things that was the outcome of that, I don’t know if I promised in public or just promised to a couple of people that I would sort of do an estimation of what I thought the true cost per hour was of an overhead rate for city employees, I think we had discussion at one point. Essentially, what we were given, a sheet with a total summary of labor hours as of August 22, 2012 and how much material has gone into the sidewalks project, there is at least one way to do accounting for projects where all you do, is you just do man hours and material and that’s all you need. The trick is coming up with what’s the proper number for the labor rate. It is very much definitely not the actual salary rate that you pay the person. There is a multiplication factor on top of that. How do you come up with that number. In a simple way, what you would do is you take the entire budget of a department, let’s say Department of Public Works, you would take the entire budget of $11.4 million and you divide by the total man hours of the people employed and then there you go. You get hours times rate equals entire budget for a year. It gets a little more subtle than that because there is materials. You take the total budget of the Department of Public Works, you subtract off material and so what that means is, you would only get to count people who would actually charge a project. For instance the superintendent and administrative assistants are paid for indirectly, but the people who would directly charge would only be the people that are on the street. So you have to take the total staff and the total labor man years in the Department of Public Works and you remove the people who do not actually dig. What I came up with was, the Department of Public Works has a total of 102.6 man years of staff. I don’t everybody’s bid to labor rate and what they do, but I estimated that of that 18.7 of that staff wouldn’t count. If you had a project on the sidewalks, they wouldn’t actually bill the sidewalks project. So if you think in a total course of a year, the Department of Public Works, lets say they do 50 projects; sidewalks, plowing snow, throwing salt, fixing baseball fields, etc., there are certain people that would never actually charge to any of those projects because they are part of administrative and maintenance, stuff like that. So what does that all mean. The estimation we got on the sidewalks project showed 4,911 labor hours and an hourly rate of $30 an hour was used to come up with a labor charge of $147,000. If you go to the budget that that labor hours corresponds directly with the hourly rate that you show up here, but what the budget didn’t include was their benefits, pension and a few other things. But if you include benefits and pension, you take that hourly and the real answer is you have to multiply that hourly rate by 2.8. So the true cost of a person on the street working is to the true cost to the city to keep the lights on Public Works, to keep the insurance, to keep the trucks paid for, to do the maintenance on the trucks, the maintenance man in the shed, all that stuff is 2.8 times their hourly rate is the reality. So what that means, as of August 22, the sidewalks project instead of really costing the city $181,000 really cost the city $446,000. I don’t know if that is high or low compared to the rest of the world, but that the number. So moving forward, I certainly look forward to the new year when we are able to implement the software so that we can have a really accurate account of everybody’s labor hours and what we will probably learn is that we might be underestimating to ourselves the cost of each project because the true cost of that project is hidden over here. I don’t really know what the conclusion is, but the punch line is 2.8 is the multiplying factor to really account for the true cost of the Department of Public Works. Bd. of Aldermen – 10/09/12 Page 30 Alderman Chasse I’ve done enough talking tonight, I’m going to be brief. I want to thank you for your support on R-12- 76, Coaches Corner. Five of the coaches that are still around and we are looking forward to when they have opening day for Babe Ruth when we can dedicate this field. It would be ironic if Duane Ericson with his Yankees would just end up playing Jim Sanderson with his Tigers. They are both two of the long-time coaches and it would be very nice to see that happen. You know when I was reading I kind of stopped on Bill Murphy because I paid attention to what I was reading. It says he is, it is supposed to say he was, because Bill Murphy, Ray Oban and Ernie Berube are no longer with us. Anyway I am very happy to get this through. It was well deserved. There were some people in the background that gave me a lot of help. Of course, the Mayor was involved in this, Jackie Berry, Tom Duane and of course Patty Rodgers. They put a lot of work into this with us getting the bios put together and I really appreciate it and hopefully we will see them on the day we dedicate the field. Alderman Melizzi-Golja Thank you. I just want to thank Alderman Chasse for his work on O-12-23 and like Alderman Dowd, I received a number of calls and had a number of comments and conversations about our behavior around this circle. Although it has been indefinitely postponed, hopefully the discussion will make people take notice of their behaviors, both verbal and nonverbal because I think they often forget the cameras pick up those nonverbal behaviors too. The other thing is Saturday night the symphony performed at Elm Street. The acoustics were wonderful and I would invite anyone who has the opportunity to enjoy one of their concerns. Alderman Dowd Yes, I took was one of the ones who went to the Police Department on Saturday. I want to thank Chief Seusing and all of his staff. There were a number of his police department who were there to inform us of capabilities and they have some amazing capabilities. They have some amazing equipment. Equipment is very expensive, but it keeps the people in Nashua safe and one of the questions I asked them was to insure that equipment is on the CERF account because it’s going to be expensive to replace. A lot of it came to us free, in a sense, from either government sources or from confiscated material. I can assure the public that the City of Nashua is in good hands with our Police Department. I was very impressed with their training. I was very impressed with their ability to communicate with the other departments in the state and even in Massachusetts. They are in constant contact with the State Police and other federal agencies and there is a lot of spirit of cooperation. I think that goes a long way to making the entire southern part of New Hampshire, if not the whole state very safe. So congratulations to the Police Department. Alderman Wilshire Thank you. I would echo everything everyone has said about the Nashua Police Department. They did a condensed version of their Citizens Academy. I have heard so many people that have gone through that academy just rave about what information they got from the Police Department and I too was very impressed with what presentation they put on Saturday and was asked to let the rest of the Board that couldn’t make it know that if there were another opportunity that you could make it, the Police Department would like to extend that offer at another time for the rest of the Board. I really, really enjoyed it. It was quite impressive. I also want to thank Ginger and Moaks the two police department dogs who were there. I was pretty impressed and I’m not a dog person. I would also like to congratulate Tom Maffee for being reappointed as a Police Commissioner last Wednesday. I would also like to wish Alderman Caron a speedy recovery as I know we all would. Saturday, November 3rd, the Nashua Soup Kitchen and Shelter will be having their twelfth annual dinner auction and it is at a new venue this year, it will be held at the Marriot. Thank you. Bd. of Aldermen – 10/09/12 Page 31 President McCarthy I am trying to think of a different way to approach the events of the weekend than any of my colleagues have said. I too attended the Firemen’s memorial on Sunday morning as I have most mornings. Last year I had to leave at 9:00 a.m. to go to a Patriot’s Game and when I told Captain Kerrigan to say I was torn over which one to go to, he advised me my decision was the right one. But I think every year that memorial demonstrates the sacrifice we ask of our public safety professionals in terms of keeping the community safe and also demonstrates the responsibility we have to mitigate those dangers and how do we do that? Hire the best people, equip them well and train them constantly. The Police Department showed us on Saturday that that is exactly what they do. They have tremendous standards for hiring. Tremendous standards for training and a pretty nice set of equipment over there to do the job with. Some of the best in the State. Part of what we wind up being, is we spend a lot of time helping out our neighboring communities because we have probably the most professional department in the State. I was happy to see that and I’m glad we have that Department to keep life in Nashua as safe as it is. I want to reflect briefly on the discussion of decorum. I hate to see us get into substitute being mean to each other, continually complaining about the fact that we are being mean to each other. I think there is a fairly simple solution to it that I guess I try to apply. First of all, treat everybody else in here the way you would want them to treat you, which is pretty simple. The second thing is, while our rules of decorum say that we shouldn’t question anybody else’s motives on the Board, it may be beneficial at times to question our own. Often, before I say something that I’m not sure of, I think to myself it’s intended to persuade by positive argument on the benefits of the issue a majority of the Board to do what I think is in the best interest of Nashua, or is it for something else. And if I conclude, which I sometimes do, that what I thought I might say will fit into that second category, I don’t say it. I find something else that fits into the first. So I guess I would ask us to just do that and the rest of it will probably work out. I think we are all here to do what we think is best and it really detracts from all our abilities to do that when we get tanked on a discussion about what one of us said to one of the other ones. So let’s not say it in the first place and when it happens, be a little more understanding and try to move on and get back to the issue at hand because Nashua is a great place to live and I think we are all trying to keep it that way. Committee announcements: Alderman Dowd Next Monday we are going to have a very short Building Committee and Joint School Building Committee meeting before the meeting of the Joint Meeting of the Board of Aldermen and the Board of Education. I believe the meeting is going to be at 6:30, but I will be having notice put out for that meeting. We have some invoices that need to be paid. President McCarthy In that light, there will be a joint meeting of the Board of Education and Board of Aldermen next week. Alderman Wilshire Thank you. The Human Affairs Ad Hoc Committee will meet this Thursday, October 11th at 7:00 p.m. in Room 208. Bd. of Aldermen – 10/09/12 Page 32 Alderman Deane The meeting that Alderman Dowd spoke of, that will be on the third floor prior to the other meeting with the Board of Education. I think that is what is said on our Docket, third floor auditorium. So it would be the Joint Special. ADJOURNMENT MOTION BY ALDERMAN DEANE THAT THE OCTOBER 9, 2012 MEETING OF THE BOARD OF ALDERMEN BE ADJOURNED MOTION CARRIED The meeting was declared adjourned at 9:28 p.m. Attest: Paul R. Bergeron, City Clerk