Budget Review Committee

BUDGET REVIEW COMMITTEE MAY 9, 2011 A meeting of the Budget Review Committee was held Monday, May 9, 2011 at 7:02 p.m. in the Aldermanic Chamber. Alderman-at-Large David W. Deane, Chair presided. Members of Committee present: Alderman-at-Large Mark S. Cookson, Vice Chair (7:10 p.m.) Alderman-at-Large Lori Wilshire Alderman Mary Ann Melizzi-Golja Alderman Jeffrey T. Cox Members not in Attendance: Alderman Richard P. Flynn Alderman Diane Sheehan Also in Attendance: Alderman-at-Large Barbara Pressly Daniel Donovan, Chief Operating Officer, Nashua School District Chairman Deane Alderman Sheehan was not feeling well as was the case with Alderman Flynn. I believe Alderman Cookson may be on his way. PUBLIC COMMENT - None COMMUNICATIONS MOTION BY ALDERMAN DEANE 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: Mayor Donnalee Lozeau Re: R-11-107, Relative to the Transfer of $2,000 from Account #502-51030 “Legal, Outside Counsel Services” into Account #502-11900 “Legal Payroll Adjustments” MOTION BY ALDERMAN DEANE TO ACCEPT AND PLACE ON FILE MOTION CARRIED Alderman Pressly For those of us who are non-members, could you tell us a little bit about the memorandum? Chairman Deane I’m sorry. I can give you a copy. Alderman Pressly I presume it is to support…thank you. Budget Review – 05/09/11 Page 2 Chairman Deane You are welcome. The memo pertains to the appointing Dorothy Clarke, Esq. as Deputy Corporation Counsel as allowed under NRO 5-38 A. What this transfer does is it moves money out of the line for outside legal services, $2,000, into the 11900 account, which is a payroll adjustment line in the operating budget for the legal department to cover I guess the pay increase associated with the promotion that the Mayor has done. Alderman Pressly Does that mean the promotion is $2,000 or just $2,000 for the certain period? Chairman Deane I have no idea. I don’t know how their payroll is working. I know that when we funded their operating budget last year we funded I believe there were two folks up there, paralegals, one has left, and then there is Attorney Bennett, Attorney Clarke, and Attorney McNamee. Alderman Pressly It looks like it is the money just for two months. Alderman Wilshire That is what the memo says. Alderman Cox Correct. Chairman Deane So if it is 2 months it is $1,000 so it is a $12,000 raise a year. You will be seeing that I guess in her operating budget as it comes in. Are there any other questions on this? UNFINISHED BUSINESS – None Budget Review – 05/09/11 Page 3 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 MOTION BY ALDERMAN COX TO RECOMMEND FINAL PASSAGE ON THE QUESTION Chairman Deane Mr. Donovan would you like to come up and join us if you don’t mind. Daniel Donovan Not at all. Chairman Deane Must have another meeting going on you are supposed to be at right? Daniel Donovan Yes. Chairman Deane Figured as much. Thank you for coming over. Daniel Donovan Certainly. Chairman Deane Are there questions on this piece of legislation? Budget Review – 05/09/11 Page 4 Alderman Pressly The amount that is needed is $652,463. I totally support keeping this facility in top notch condition, but how often should this be done if it runs about $600,000? How often does it need to be done? Chairman Deane Mr. Donovan would you like to respond to that with your turf knowledge? Daniel Donovan Sure. I learned a lot about turf in the last 6 months. Basically the initial turf that we put down had an 8 year warrantee and they told us to expect about 10 years of useful life, and this is the end of the ten year life. The turf that we are hoping to put in, we are expecting that now we are expecting a warrantee higher than 8 years. I don’t know exactly where that will be, but assuming that we have learned a little on how to take care of it, and we expect with the new technology the turf should last a couple more years so probably about 12 years is the hope of this new turf. Alderman Pressly If you are taking half of that almost from the school capital reserve fund, does that mean that another program will lose that? I’m wondering are we robbing something to pay this. Daniel Donovan No. The capital reserve fund is about $4.5 or $4.6 million right now, and it is use for the capital type purchases so we wouldn’t be necessarily taking it away from anything. Alderman Pressly Thank you. Daniel Donovan We also, for your information, have the possibility; we have put in for a grant from the NFL called a Grass Roots Grant, had the NFL Players Association/Owners not gone on strike, we may have heard. It is up to $200,000. We were getting good information back from that group that it looked like we were chosen as a finalist to receive those funds, but then when they went on strike we have to wait until the strike is straightened out. There is a possibility for those funds to still come into the district. We’re also in the process of working with Bishop Guertin to have them donate some funds to the project also. Chairman Deane Is this the total project cost? Daniel Donovan The total project cost is about $650,000 yes. The latest budget we have is $660,000, but that includes 10% contingency. We’re comfortable that with $650,000 we could do the work. Budget Review – 05/09/11 Page 5 Chairman Deane What happens if we get the money from Bishop Guertin? Where does that go? Daniel Donovan That is what we will have to decide. We can do a couple of things. If we get the money from Bishop Guertin in time to pay the bills then we could keep some money in the Stellos’ reserve fund or we could keep some of the money in the school capital reserve, either one. Chairman Deane When you look at the depreciation factor of the stadium, what is next on the list that is ending its useful life? Daniel Donovan The one thing we looked at was the lights. Chairman Deane Those are Musco lights thought aren’t they? Daniel Donovan Yes they are Musco lights, exactly. We are going to get some prices on the lighting. It is not going to fit into this $650,000 budget. One of the options would be we could use those; the lights are probably around the $150,000 range so we could use it to upgrade the lights. There will be significant savings with the upgraded lights and you will get less of a flare factor from the lights, they will code down more directly to the field, but at this point that is not in the $650,000. Chairman Deane Musco’s lighting hasn’t really changed much. Has it? Daniel Donovan The efficiency has increased yes. Chairman Deane Of the bulb itself, but I mean the deflector part that… Daniel Donovan The deflector has improved according to the consultant we are working with, Gale Associates. They said they have a new product out that keeps it closer down to the field, and the new bulb and the new unit that the bulb sits in is much more energy efficient now than the ones we have. Budget Review – 05/09/11 Page 6 Chairman Deane Did they buy the warrantee program on the bulbs when they put the lights up? Do you know? When we put the lights up at Ledge Street I think we spent $1,500 on this warrantee program and after ten years they come in and they replace the bulbs, all the bulbs. After ten years of use they will come in and change them all out for the $1,500, which I thought at the time when we were doing it, was a good deal. We have those metal Halide bulbs up at Murray Field and they are awful and the bulbs cost $150 each. Daniel Donovan When we put Stellos in I don’t believe there was any warrantee on the bulbs. Chairman Deane So where are we with Bishop Guertin? Daniel Donovan We have had initial discussions with them. The next step is that the Superintendent and the President of Bishop Guertin are going to have a discussion. That has yet to take place. But they are aware of it. They certainly didn’t respond negatively. We just don’t have a dollar amount to associate with it. They use the field approximately 15% of the time. We did an analysis; broke down who uses it, what percent, and their use averages around 15% of the time. Chairman Deane Even when they are challenging the Nashua schools? Daniel Donovan Challenging them? Chairman Deane When they have an event there; if Bishop Guertin if playing say Memorial is that the 15%, but when Bishop Guertin plays Nashua South or Nashua North, is that included in the 15% of their use? Daniel Donovan Good question. I don’t know the answer to that. Chairman Deane I bet it isn’t. Daniel Donovan I got the data for that percent from Nick Caggiano. I would have to ask him if he included the B.G./South, did he count that as B.G. or as South. I don’t know. Budget Review – 05/09/11 Page 7 Chairman Deane I don’t know what the percentage of students is that live in this community that attend that school. Do you happen to know that? Daniel Donovan No I don’t. Chairman Deane Whereas they are paying as taxpayers. When you look at the overall percentage of it, now that we are getting down to depreciating items and having to come up with the cash and it is one less facility that they don’t have to build, maintain, fund for depreciation or staff, I think a contribution to the City to help defray some of the depreciation of the lighting and the field turf I think is only fair on their part to come up with it. I’m sure they will probably feel the same way. It is to their advantage that facility between the parking… Daniel Donovan Yes it is. Chairman Deane …and the gates. How is the process going to work if we get the money? If the school district is successful in achieving a contribution, gift, or donation? In order to take that it is going to require some legislation to accept the funds. Daniel Donovan Yes. Once the potential funds are received then at that time we will accept those and at the same time decide what to do with those funds; which of the reserve accounts we put it into. If we decide…maybe there would be a decision to replace the lighting, but at this point since they are unknown amounts we are budgeting based on what we do know. Chairman Deane My concern really lies with this $4.5 million. As you know I had brought legislation in to use some of this money to do the boiler work and I was railed on pretty well by a number of people, and now here we are using it for something else and if we happen to get a contribution we are thinking about doing something else while the fund is depleted by $300,000+. I’m just wondering, when you look at prioritizing the capital improvements within the school district where did this stand in that $4.5 million that is in that account? Where was that positioned on the list? Do you know offhand? Daniel Donovan The Stellos’ piece? Budget Review – 05/09/11 Page 8 Chairman Deane Yeah. Daniel Donovan It was high up on the … Chairman Deane It was higher than a heating system for an elementary school/ Daniel Donovan No I don’t think it was, but those were taken care of earlier in the year and then this was fairly high up on what was remaining yes. Chairman Deane But there are still other heating systems in the school district that need to be replaced right? We did two. Weren’t there three of them; Charlotte… Daniel Donovan Charlotte is the one that… Chairman Deane Ledge… Daniel Donovan Ledge and Fairgrounds are being done. Those are the two that are being done. Chairman Deane And Charlotte Avenue was the one that they didn’t do. Daniel Donovan Right. That one… Chairman Deane Because we had looked at all three of them. Daniel Donovan And I think we’ve got that on the schedule for 2 or 3 years from now. Budget Review – 05/09/11 Page 9 Chairman Deane So it is still operating? Daniel Donovan Yes. It has a newer boiler. Chairman Deane From the ‘60s instead of the ‘50s? Daniel Donovan I think they actually replaced the boiler itself about 8 years ago. They didn’t do the whole HVAC process that they are doing at Ledge and Fairgrounds. Alderman Cox I was just going to mention earlier the way the schedule goes for B.G. every other year it is a home game for them. When it is a home game I would suggest that should have been tasked as their usage. Chairman Deane That includes soccer field, hockey, lacrosse, and everything else that goes on in there? Daniel Donovan Yes. Alderman Pressly Thank you. Does the school system charge anyone who uses the stadium be it B.G. or anybody else? Do they rent it, do they just reserve it? How does that work? Daniel Donovan Most of the users of the field are youth programs and high schools and no they don’t pay. We can charge a fee for certain outside entities that might come in to use it, but for the most part I think the legislation reads it is to be used for the youth of Nashua so we don’t charge for many things. Chairman Deane That was the Planning Board stipulations. Daniel Donovan Yes. Budget Review – 05/09/11 Page 10 Alderman Pressly They have had music events there; Drum & Bugle Corp. and that sort of thing. Daniel Donovan Yes that group has used it, exactly. Chairman Deane There were discussions about whether that was a youth event or a sports event or…. Alderman Pressly So if it is not a sports event do you have a set fee or a scale of some sort? If the field is free and some worthy group wanted to rent it could they? Daniel Donovan Not for anything other than sports. We don’t rent it out for concerts or things like that because of the Planning Board’s stipulation, but it is used by sporting type groups most of the year. It gets heavy use. Chairman Deane When you take the varsity, junior varsity, and I don’t think the freshmen play there, but then you take the three schools and all of the sports; all the rectangular sports; lacrosse, soccer, field hockey, football, when you look at that and start running it through, the open dates are few and far between because the seasons are all concentrated obviously together because they compete against one another. Very rarely is that place unoccupied, and they practice on it too right? Daniel Donovan Yes. It is also used in the summer by Park & Recreation for different camps and things. Chairman Deane The thing with the facilities, it is under the guides of the Board of Education because of the contribution from the State for the construction of the facility, but the maintenance and operations mare funded through the Department of Public Works… Daniel Donovan Right. Chairman Deane …and then the scheduling is done by the school district in conjunction with the Park & Recreation Department. There was supposed to be a memorandum of understanding that was supposed to be Budget Review – 05/09/11 Page 11 completed, put together, and signed by both boards and that never got done. It got started, but it was never completed. I think I probably still have a copy of it from when Director Crombie was here back in ’04 or ’03 I believe it was. Alderman Cox Could you address please what the consultants said about, in these tough economic times, it brings in some good bidding on a lot of things and this happens to be one of them. Daniel Donovan Yes. The two main reasons we want to do it now is A) for safety. That is the number one reason. The field fibers are actually breaking down now. If you go there during a rain storm you will even notice where the water flows and drains you will see it starts to turn green and things. There is a test called a Gmax test and it tests the cushion in the field. We have done that and there are some weak spots in the area so were a child to get tackled, get knocked down, you get the bounce in the helmet…and the attempts to groom the field at this point, the more public works tries to groom it, it is ripping apart the field now. It really has reached its useful life. Safety is the number one reason and the second reason that Alderman Cox mentioned is the price. It is a good time now. The consultants that we are working with said that they are getting prices that they got 5 years ago. Mr. Smith had put together an initial estimate assuming it would be about $900,000 to do this work and now we are looking at about $650,000. Chairman Deane I was always under the impression that it was a million to do that field over. Even though it is a good time to do things because the economy is so poor, but people are still out of work and that is where all of this money came from; people that live in the community right. Is there any further discussion on this legislation? MOTION CARRIED Chairman Deane Thank you very much Mr. Donovan. Daniel Donovan Thank you. Chairman Deane Enjoy the rest of your evening with the Board of Education I would imagine. Daniel Donovan I always do. Budget Review – 05/09/11 Page 12 R-11-107 Endorsers: Mayor Donnalee Lozeau Alderman-at-Large Brian S. McCarthy Alderman Richard LaRose Alderman Michael J. Tabacsko RELATIVE TO THE TRANSFER OF $2,000 FROM ACCOUNT #502-51030 “LEGAL, OUTSIDE COUNSEL SERVICES” INTO ACCOUNT #502-11900 “LEGAL, PAYROLL ADJUSTMENTS” MOTION BY ALDERMAN WILSHIRE TO RECOMMEND FINAL PASSAGE ON THE QUESTION Alderman Pressly Thank you. I have been thinking about this. I don’t have the full legislation in front of me, but I have been thinking about this, and I believe it is earmarked for Dory. Is that true? Chairman Deane Yes it is. Alderman Pressly She is wonderful. I think the world of her. She gives wonderful advice. She is almost a teacher. I was talking with Aldermen Cox and Cookson, and we were saying how we always learn so much from here because she explains things, she has good ideas. My question is this; early on, I don’t think any of you remember, but I had hoped to get a legal counsel for the Board of Aldermen because it is tough. I know that a lot of us are competing for the attorneys’ time. I was wondering if it would be possible, as we are doing this, to somehow make it clear that the Board of Aldermen is her top priority only if there is a backup of work to do, if she could be assigned to this board. There are three attorneys. All of the other departments I think have McNamee and then the other man works, Attorney Bennett, isn’t he earmarked for the school? Chairman Deane He is not earmarked for the schools, but he does do a lot of work for the schools. He does work with the police department… Alderman Cox Union contracts. Chairman Deane …fire department. Alderman Pressly Okay. But I always think of him as sort of being the school’s attorney; when they need someone he is their person. I’m just wondering, I think it is something we need to talk about because I think the Board of Budget Review – 05/09/11 Page 13 Aldermen does need to have sort of their own independent advice at times. Not too often, but there have been occasions where I have had to wait a week or two because she was backlogged with other work that was clearly not Board of Aldermen work, but other work. I’m just wondering, maybe we should talk about that. Would it be possible to add this in here that her…I don’t know what the word is I’m looking for, not earmarked or top priority, but that given a backlog in work that her first obligation would be to the Board of Aldermen. Do any of you think that is a worthwhile effort? Chairman Deane I don’t disagree with your position. I don’t believe that we have the authority to dictate the role of Attorney Clarke. Alderman Wilshire I don’t believe so either. Chairman Deane Things will change at budget time tough. I’m going to attempt to make some changes. Alderman Pressly Regarding getting our own attorney and… Chairman Deane Regarding a lot of different things that I see that are… Alderman Pressly Okay. Well there have been occasions where our desires and priorities are in conflict with the administration’s and with the school’s. I think it is really important that we have an attorney that represents our point of view. I don’t know if we could hire a part-time one to work only for us. I don’t know how the rest of you feel about it, but I think it is something we do need to do at some time. Chairman Deane We can discuss that during the budget… Alderman Pressly Oh so you couldn’t amend this and… Chairman Deane I think you could amend it, but the problem I see with it is we would be dictating the terms to a city employee who works… Budget Review – 05/09/11 Page 14 Alderman Pressly Okay. Well… Chairman Deane …Corporation Counsel works at the pleasure of the Mayor and these people work under Corporation Counsel so… Alderman Pressly So their loyalty is basically to the Mayor and… Chairman Deane It is not to us. All we do is approve their salaries and whether we are going to give them a $12,000 a year pay increase or not. Other than that, how they carry out their daily tasks; the tasking is done by the task master upstairs, Attorney McNamee, I would imagine. I’m not sure but… Alderman Pressly I saw other hands. Maybe other people would like to chime in. Alderman Wilshire Honestly I agree with Alderman Deane that it is not our role to tell the administration how to decide what responsibilities go to whom. I don’t think I would support that here, but I would certainly be willing to discuss it during the budget process. Alderman Pressly So you would be inclined to hire our own at the budget process? Is that what you are thinking of or… Alderman Wilshire I don’t know that I would be willing to hire someone, but maybe if we had some conversation with the administration about this position or other positions during the budget process that might be the time to take it up. But I don’t think amending this to change anyone’s responsibilities is really our role. Alderman Pressly It is the only time we have a chance to speak and to discuss. I think that is what is really important to find out how the other people feel about it. I know I have sometimes felt that we needed our own independent opinion. If we can get that through the budget process that would be fine, but I hope you will comment on would you be willing to support that during the budget process. Alderman Wilshire I can’t say that I would be willing to. I would certainly be willing to discuss it. There are a lot of things in the budget I can’t say that are in the budget because we haven’t seen it yet, but I’m sure there are a lot of Budget Review – 05/09/11 Page 15 areas in the budget that we are going to need to discuss in full detail, and I agree with Alderman Deane there may be some things we may need to change through the budget process and maybe that is one of them. I’m not sure. I would like to see what the budget is and what it looks like. I won’t commit to that, but I understand your feelings about sometimes we need an independent decision and we don’t always feel we can get that. Alderman Pressly Thank you. Chairman Deane Is there any other discussion on this resolution? I’m not going to support this. I have the utmost respect for Attorney Clarke, but I believe a promotion was given just a year or so back, and I’m just hearing about all of the financial problems and reading about them, and I just think we should pull the reins in a little bit, and this isn’t doing that. Is there any further discussion on this? MOTION CARRIED Chairman Deane New business – ordinances; isn’t that tabled in committee? Alderman Pressly Yeah that is an oldie. NEW BUSINESS – ORDINANCES O-11-51 Endorsers: Alderman-at-Large Barbara Pressly Alderman-at-Large Mark S. Cookson Alderman Arthur T. Craffey, Jr. Alderman-at-Large David W. Deane RELATIVE TO THE BUDGET REVIEW COMMITTEE INVITING THE SUPERINTENDENT OF SCHOOLS TO MEET QUARTERLY Chairman Deane Okay. Is there an interest in taking that off the table? Alderman Pressly I would say to you what I can do…if we changed it and just put it to “upon request” instead of mandating a quarterly meeting would that satisfy your intentions? Alderman Pressly I would be happy to talk about the intentions. MOTION BY ALDERMAN DEANE TO TAKE FROM THE TABLE O-11-51 MOTION CARRIED Budget Review – 05/09/11 Page 16 Alderman Pressly I think what you are suggesting is it should not be anything that is forced that it should be a more friendly request, and that is why I used the word invite. The thinking is this; it is really frustration, I think the school budget and the schools I think are the major expenditure for the city and for the citizens. I think it is something we all value; we have a great school system and want to keep it that way, but it is frustrating for me and maybe the rest of you just to hear from them once a year when they need their money and how much nicer it would be to occasionally sit down face to face with the Superintendent and anyone else he would like to bring and just update us on how things are going throughout the year. It just seemed to me that it would be an appropriate thing to do. In light of the deficit that came down, I’m not saying that had there been these discussions that there would not have been the deficit, but I don’t think people would have been as surprised. It just seemed like a good thing to do. If you would like to change it to another word…it wasn’t a mandatory thing to do, but it just seemed appropriate to have it in public policy that every quarter the head of the Budget Committee could invite the Superintendent if he would be willing to come or anybody else of his choosing to come and talk. To me it was just an effort of good communication. Chairman Deane When I read the body of the legislation under “§ 5-9.1., it states: “the chair of the budget review committee is encouraged…” so it is not a mandate to really do anything. I really don’t have a problem with the way it sits now. It is just encouraged activity it is not a mandated activity. Alderman Wilshire I have a question as to why we need this at all to be honest. If we want to talk to the Superintendent can’t we just invite them or can’t you go through the Chair of the Budget Committee and maybe the Chair can invite them to come? I’m not sure why we have to legislate this. Have they not been invited or have they been invited and not shown up? I guess I’m a little… Chairman Deane I haven’t had a reason to invite them to anything. Alderman Wilshire And you would under this legislation, a reason or… Chairman Deane I think in light of what has happened over there…we give them $90 million plus every year. It is kind of interesting to follow the flow and to see how they are doing. The other problem I see with his time is conflicts because they meet quite often and he attends…at times I have seen him attend a lot of committee meetings. Other than their full Board of Education meetings, he is involved with a lot of their other meetings. Alderman Melizzi-Golja can probably speak to the amount of time the Superintendent spends at committee meetings. Does the Superintendent attend all of the committee meetings? Budget Review – 05/09/11 Page 17 Alderman Melizzi-Golja Not all, but probably a large number of them. Chairman Deane Probably 75% of them? Alderman Melizzi-Golja Yes. Alderman Wilshire I don’t disagree with you Mr. Chairman. I believe we should have some follow through with the school department. I just don’t think we need to legislate it if we haven’t taken any steps before that to reach out to them and ask them to come to a meeting. I think this is just a little more heavy handed than I like to be. I think if we invited them in to have a discussion they would probably come. Alderman Cox I couldn’t agree more with Alderman Wilshire. I guarantee you after my meetings with the Superintendent, that he would be welcoming. He would welcome the invitation to come and discuss whatever topic or items that you did want to have reviewed or discussed. I know on a few occasions he has expressed specifically that he would like to see more interaction with the Aldermanic board, not specifically just Budget, but if there are other committees that want to discuss certain items about the school district, he would encourage us to invite them and interact with them. I also don’t see the need to legislate that. I think on a friendly basis the Chairman of any committee, if they had a topic that somebody had interest in, just simply invite them and they will come and discuss it with us. Alderman Pressly I don’t think this is heavy handed. I guess I look at legislation a little bit differently. I think it is more of a guide and it is a policy, and apparently unless you have something in writing, nobody thinks to do it. If the Superintendent has in fact expressed an interest I don’t know what it would take for us to trigger an informal get together. When you say a specific issue, I think it is important not to have a specific issue that the purpose should be just sort of generally what is going on, what are your goals, what has been happening. If you wait for an issue it is usually a crisis. This was an effort just to stay ongoing in communication. If it is a busy time for everybody you don’t have to; it says encouraged to invite. At the same time, if they are particularly busy and they would say I can’t right now, but I could next month and get together. But without this, nobody thinks to invite him, and from what you have told me he would be happy to come. Legislation is a way to remind people of what they are able to do if they would like to. It is what is called enabling legislation. Alderman Cox I think Mr. Chairman you stated it clearly earlier, that you haven’t had a reason to invite them at all… Budget Review – 05/09/11 Page 18 Chairman Deane This committee hasn’t met since January. Chairman Cox Well we had last year too, but… Chairman Deane We haven’t met since the 10th of January. Chairman Cox But we didn’t invite them at all last year did we Mr. Chairman? Chairman Deane He has come in a couple of times… Alderman Cox For his budget. Chairman Deane …needing money. During the budget and then needing money. They came in with the bond resolution for the boilers. It is all about money. Alderman Pressly I think that is the whole point is that you don’t call them in unless there is a need, a crisis, an issue, and I think it is important that you have an ongoing dialogue and that you don’t have to have a crisis to sit down with the department head that is the department that spends the most public money. I think if nothing else it serves the public well to get together and have a conversation occasionally. Without this, you don’t do it. Apparently you meet once a year and that is the way it is. This is an effort to change that to have a dialogue ongoing. It is so harmless I’m a little bit surprised that you all can’t endorse it. Alderman Cox Just one last point; I find it somewhat redundant in that they conduct their business very openly in their Board of Education meetings. Anything that they are trying to accomplish, redirect, come up with a new focus for the next couple of years, the NECAP testing, general business is discussed very openly. For them to come and recap it if you will with us…I agree with you that it is important, but it is also redundant. I think they are just coming to re-state what is being stated on a regular basis at their meetings. Alderman Cookson Thank you. I was going to say unfortunately the thing that doesn’t happen in the course of business of the Board of Education is that there is no dialogue between the two boards. There is no interaction; no Budget Review – 05/09/11 Page 19 conversation so while the Board of Education certainly conducts their business in the open, there is no interaction and feedback coming from this board. I think it is important for them to get a reaction and it is equally important for us to be able to share our opinion with whether it be the Board of Education or the Superintendent of the school district. I think this is a good piece of legislation. I think the one thing that it does is it establishes or potentially will establish a habit; something that we are going to become accustomed to. I think it is so important to encourage the dialogue between two parties, two boards, and I think this will go a long way. Just as Alderman Pressly said, it is going to allow us to have conversations when there isn’t a crisis. That is what is important; dialogue. Again, for anybody to object to this harmless piece of enabling legislation is just beyond comprehension. This invites the Superintendent to come in or a representative of the Superintendent to come in and speak to us. I can just see this going a very very long way in making sure that we are just kept abreast of what is going on because obviously that hasn’t been happening. When we see the deficit and then we see a shortfall and this and that…if we can just meet on a regular basis there is the potential to do some real good for the city. I’m absolutely going to support this. I think it is good. Any time that you encourage dialogue between boards I’m going to be in favor of that. Thank you. Alderman Wilshire I guess my concern is that we are encouraging and we’re asking and we want this to happen, but we haven’t invited them so it is not like anyone is saying we don’t want to talk to you and we are going to do it through legislation. We don’t invite them in here so I don’t think legislating it is the way to get it done. I think we ought to just, every quarter, invite them in, period. I don’t know why we need to legislate that. It doesn’t make sense to me. Alderman Pressly If you are saying it just takes one person, I will be happy to, at this meeting tonight, as an Alderman-at- Large for the City to say I think we should invite them in as soon as possible to have a discussion. If you are saying that is what it takes to do then can we consider this an invitation to have somebody from the school come and talk to us before we get the budget so we can find out a little bit about what is happening? Chairman Deane I will send him an invitation tomorrow. Alderman Pressly That is the way you would like to do it? Alderman Wilshire That works for me. We just haven’t done it. I don’t know why we need to legislate that. I am sure Alderman Deane is happy to send out an e-mail asking them to come in and meet with us. Budget Review – 05/09/11 Page 20 Chairman Deane And be very careful. I will not copy anybody on this committee. I don’t want to be accused of chattering. Remember the chattering with the e-mail? The chattering accusations? Alderman Cox Would the invitation be for a pre-budget discussion? Chairman Deane It would be for whatever. Tell him to bring his books and numbers and just give us an update on how things are going that is all. So that is what I will ask him for. I don’t want to copy the committee and infringe on the state’s Right-to-Know Law. That issue isn’t over yet either. Alderman Pressly Just copy everybody and then you… Alderman Wilshire I’m not familiar with… Chairman Deane I can’t. I can’t. Alderman Pressly Why not? Chairman Deane There were accusations made about violating the open meeting law and copying people with e-mails and what it leads to, and I don’t want to go down that road. I will send him an invitation and ask him for an update on the health, welfare, and well being of the school district… Alderman Pressly And that they come to a meeting here and we have a dialogue. Chairman Deane I will talk to Ms. Lovering about a date. Okay. Fair enough? Alderman Pressly That is fine with me. I hope the rest of you will speak up on a quarterly basis. Budget Review – 05/09/11 Page 21 Chairman Deane The motion was to take this from the table. It appears to me that we have made that motion and it has carried so it is on the table. It appears as though we have settled on a decision making … Alderman Pressly Just keep it there. Chairman Deane …process. I will move to recommend indefinite postponement of O-11-51. MOTION BY ALDERMAN DEANE TO RECOMMEND INDEFINITE POSTPONEMENT ON THE QUESTION Alderman Cookson Thank you. I certainly appreciate the Chair taking the initiative to encourage the Superintendent to join us prior to the budget season. I think it is a good conversation. Again, any time that you have a dialogue between two boards I’m going to be for it. The indefinite postponement motion though concerns me in the fact that it doesn’t serve as a reminder, a quarterly reminder, and while you may remember that and you may take it upon yourself to make that outward invitation on a quarterly basis as you see appropriate, I think that in your absence or in somebody else’s chairing of the Budget Committee I think we might lose that continuity. Again, I would support this legislation. I don’t think it is appropriate to indefinitely postpone, but if that is the will of the committee then so be it. I’m not going to support the indefinite postponement. I think it goes to encouraging the behavior for future interactions. Alderman Pressly Would you consider tabling it and talking about it when they come in and see if they would like to meet on a quarterly basis and see if they agree if there is going to be an invitation to come for a pre-budget talk and have that be one of the subjects; how can we better interact throughout the year. If you would table it you could have that be a discussion item. Chairman Deane I am more interested in having discussions pertaining to the health and well being of the school district not having a kumbaya session with the Board of Education. I’m just not interested in… Alderman Pressly You guys do whatever you want. Chairman Deane …doing that. What I’m thinking is what if we put it on the calendar, on the Aldermanic Calendar so that it Budget Review – 05/09/11 Page 22 appears on the agenda? There can be a friendly reminder from the Legislative Office that each quarter, Alderman Pressly, have the Superintendent contacted by the Legislative Office. Alderman Pressly If that works. Chairman Deane I think that would work. Alderman Pressly That sounds good. Chairman Deane I think Ms. Lovering and Ms. MacMillan can figure out how to just factor that in, and then if there is the majority of the board that serves beyond our time doesn’t care of doesn’t want to do it they can change it I guess, but if this committee the way it sits now is still together for another what 6 months or so, seven months, I guess we can just do that. He would be coming in a couple of times. I will talk to Ms. Lovering about using that approach. Is that… Alderman Pressly Handle it any way the committee… Chairman Deane …does that satisfy everyone, that type of… Alderman Cookson I would support that. Chairman Deane Is everybody kind of on board with that? Alderman Melizzi-Golja I would support that. I just think if it is an attempt to have dialogue, having to legislate dialogue just doesn’t feel comfortable, but I think putting reminders on the calendar makes a lot more sense, and I am much more comfortable with that. I think the other thing is we may decide that, depending upon how the year ends and where the school district is fiscally, we may want to meet twice in a quarter for an update. I think you have those reminders, but if what you really want is dialogue in terms of what is going on; you read the minutes, you read the committee reports, you look at their fiscal reports, and as a group we say maybe we should keep a little more abreast of this, and you do those things out of genuine interest not because it is legislated. I’m much more comfortable with just putting those reminders on the calendar. Budget Review – 05/09/11 Page 23 Chairman Deane Okay. Speaking of interest, almost in the same vein, would the committee have any interest in getting some quarterly burn rates of the operating budget of the City? Alderman Cookson Certainly. Alderman Melizzi-Golja Yes. Chairman Deane Would people be interested in looking at that; seeing how the departments are doing, what percentage they are spending, what accounts they are over in… Alderman Cox Certainly. Alderman Melizzi-Golja Yes. Chairman Deane I will put that together too and just have that as a quarterly to the committee. Alderman Pressly I will give you a copy of it too. You have attended almost all of the budget meetings. Alderman Cookson We used to receive those on a monthly basis, didn’t we? Chairman Deane There is one in the back office. It is sitting out back. Alderman Cookson Okay. Chairman Deane I just thought it would be easier if the committee got a copy of it that is all. Back to the motion to indefinitely postpone. Is there further discussion? MOTION CARRIED Budget Review – 05/09/11 Page 24 Chairman Deane Tabled in committee is Alderman Sheehan’s O-10-23. I don’t want to take that from the table. She is not here to make that. Also on the table if O-10-23. Did you want to speak to that Alderman Pressly or do you want to wait until the operating budget is brought in? Alderman Pressly I would be happy again just to speak to it and see how the committee feels about it. MOTION BY ALDERMAN DEANE TO TAKE FROM THE TABLE O-10-23 MOTION CARRIED O-10-23 Endorser: Alderman-at-Large Barbara Pressly ESTABLISHING AN OMBUDSMAN FOR THE CITY OF NASHUA AND AUTHORIZING THE TRANSFER OF $60,000 FROM ACCOUNT 591-86005 “FY2011 GENERAL CONTINGENCY” INTO ACCOUNT 501-53 “MAYOR’S OFFICE – PROFESSIONAL SERVICES” Alderman Pressly Thank you. This is a program that I had some experience with many years ago as a military Wife. We lived overseas and it was Admiral Zumwalt, sort of is ancient history for some of you, but he was the head of the United States Nave and he incorporated a program like this. I was the wives’ Ombudsman, and it was really really interesting. What this did it allowed the wives and anyone…we lived on a military base in Southern Spain, and it allowed anybody to come to me with a problem or an issue that they did not feel comfortable going to the head of the Navy for or to a Navy person. It was really really very interesting, and I felt it served a major purpose because people are hesitant, they have their jobs at risk, they are afraid for their jobs, they fear for any type of reprisal or even a negative reaction, but if they can go confidentially to someone that would be sort of the buffer between their idea and what to do with it and where to take it, it was really a very very interesting experience. The positive things that came of it astounded me. This is a program that has been used all over the world. The word Ombudsman is actually a Swedish word and it sort of means that you are the liaison to the King. It is a historic ancient word. It is a way for an everyday person to bring up an issue that they are uncomfortable taking to the Mayor or to anybody else. It works. I know Alderman Chasse has mentioned that he has seen it work in some areas. There are many different ways to do it. It has been so long since I sponsored it, it was last year, but it depends on who you get, how they do it, and what the process is. That is why I sponsored it. I think it is a good thing. I think you might be surprised. Sometimes it is not used; if no one has an issue they don’t use it, but then other times they do and surprising things can come of it. Sometimes a system is taking place that nobody realizes how it could be improved and how it would be helpful to have new ideas. I know we have a suggestion box, but that is not the same as going to a human being and talking with them personally and talking about your experience and then having that person go to the powers that be to discuss what the issue is. Budget Review – 05/09/11 Page 25 That is the thinking behind it. I would like to get some reaction from the rest of you as to how you feel about it. Alderman Wilshire Thank you. It is an interesting concept and I’m not sure if your intent is for city employees to be able to go to someone, and if that is the case and I’m not sure it is just the city employees, wouldn’t they do that through an H.R. person, although we don’t have our H.R. person right now and haven’t had for some time. Chairman Deane Yes we do, we have two people filling that role. There are people filling that role as the director down there. Alderman Wilshire Okay, but we don’t have a full-time H.R. person. Chairman Deane No. Alderman Wilshire To me that would be the place to start if you have something that you want to run by somebody without going to the Mayor’s office. You should be able to count on your H.R. person for that kind of stuff. Maybe I’m missing…there is something more to this role that you had in mind. Alderman Pressly I think it should be open to anyone to come in with an issue. You mention an employee going to the H.R. person; that still can be difficult for some people depending on how sensitive the issue is because they are going within the system. The way this worked that I had an experience with was that I wasn’t part of the Navy system so I was very independent as a Wife. The whole concept is that anyone with a complaint or even a suggestion that they prefer not to take to the authorities but to have an independent person bring it up. I think it should be open for anybody; employees, citizens, students. I think it should be open to anyone if it is used well. It depends on the person. When I did it, it was a brand new thing so I even made up flyers and left them in different places on the base, if you would like to discuss something, if have a beef or a suggestion to give me a call. A lot of it depends on how the person who you hire to do it or who you select to do it…I did it certainly free. It was not a salaried position. But I think there is a lot to be gained from it. That is the reason I sponsored it. Would you have an objection to that? If it is used, you would pay for it if it is used, and if it is not used there would be no cost. Alderman Wilshire I’m not opposed to the concept of it I just don’t know where we are going to find $60,000 in the budget to fund it. I think the concept is good Alderman Pressly, but I don’t know that I would support a $60,000 position. Could it be someone part-time who did it 20 hours a week? Budget Review – 05/09/11 Page 26 Alderman Pressly It could be pro-rated. It could be if somebody is willing to do it they would only charge when somebody came to them with an issue. It could be controlled that way. Alderman Wilshire Like a per diem type of thing? Alderman Pressly Yeah. There are many different ways to do it. I haven’t spent too much time since I sponsored this; it has been a while, before I do put in a lot of time I would like to sort of get some idea from the rest of you that you would be inclined to like this. One time I did speak with some folks at the School Department and they rather liked the idea. But again it was a matter of we haven’t sat down and worked out how to go about doing it. It has worked other places. In fact, we probably could get some sample ways of how to do it, and I would be willing to work on that, but I don’t want to spend a lot of time and then find out you just don’t like the idea right out of the gate. I welcome your input. Alderman Cookson Thank you. One of the main reasons it is before the Budget Review Committee is because of the expense associated with this position. However, it has also been assigned to the Personnel/Administrative Affairs Committee, and that was tabled back in August of 2010. I think from a Personnel perspective, I think that is where the interaction with the school department or city employees or constituents within the city. Is that where you see that conversation happening or is there still feedback or input that you think this committee could provide on that perspective/ Alderman Pressly In theory, every member of the Board of Aldermen is welcome to chime in and be involved. I had really sort of forgotten about it, and I think they have too, and of course you guys don’t meet that often. I think it is an idea that is worth pursuing. I don’t think it can ever do any harm other than it may cost some money and we can control that, and it could do some really positive things. I have seen it happen. I do welcome your reaction to it. Alderman Cookson I definitely see the potential in it. I think it is an interesting conversation to have around the budget season because I think as we see this budget presented before us by the Mayor, whenever that may come, I think it is going to be a very difficult conversation to find some dollars to spread for all of the things that are already identified as a priority or a need for the City in regard to personnel and services. But in the big picture… Alderman Pressly What would you think of a volunteer? Budget Review – 05/09/11 Page 27 Alderman Cookson …but in the big picture, $60,000 isn’t a lot in a $200 million plus budget. I see the potential, I would consider it, but I think we have to look at the other priorities and see where they fall out. Alderman Melizzi-Golja When Alderman Pressly first brought this to us, she and I had some conversations about it, and I told her I thought it was an interesting concept also. In fact, one night we had a conversation outside here, after a meeting about it. I did do some research online because I just wanted to get a sense of how other municipalities may be using the same sort of format. It was hard to find something. I called a couple of friends of mine who are involved in both state and local governments and they were not aware of anything going on. We had some conversations about how such a process could be put in place. In looking at maybe private businesses that had consumer advocates, which is a comparable sort of focus as an Ombudsman, in looking at how those things work, I guess my biggest concern and it gets to I think Alderman Cookson’s comment about it going back to Personnel/Administrative Affairs is if this person is going to be hired using City dollars, who at the end of the day is going to hold them accountable because they shouldn’t be working for the Mayor’s Office and they shouldn’t be working for us. They are kind of out there. That to me is one of the biggest questions to be resolved. I don’t think we want them working for Corporation Counsel and we don’t want them working for H.R. so who is going to at some level be making sure things are being handled appropriately, that time is being charged appropriately, that procedures are being followed? I think whenever you are in an advocate role you still have to follow a process. If a parent comes to me and says I am concerned about my child getting services, I walk them through the steps; did you go to the teacher, did you go to the Principal, did you go to the Superintendent, did you go to the School Board, okay maybe now you need to look for a private advocate. You want to make sure that the process is followed. If you have this position again the question is who is out there kind of managing it and making sure that the person you hire for that process is indeed bringing people together to solve problems not solving a problem at the end of the day but creating many fires to get there. I think there are certain people who are skilled at doing that and there are other people you just say I don’t think I want that person doing it. That is my concern with this; it is how is it going to be managed. I look at it like Alderman Cookson as a Personnel/Administrative Affairs piece that needs to be worked out. I think the idea is very interesting, but again they shouldn’t be accountable to us and they shouldn’t be accountable to the Mayor’s Office or any other person here in City Hall. Who is ultimately going to be making sure this person is facilitating things and doing what they are doing? I think when you are doing it within a city government it is different than doing it for a non-profit or a community group or whatever or even a private business. I think you just have to be very aware of how things are being handled, and that person needs to know government and how things operate. I’m not totally opposed to it, I’m just very concerned about how the pieces fall into place. Like I said, I spent some time looking around online and couldn’t really find good examples and then I went to the people I consider experts and they remarked they know about parent advocates in school districts, but they are even different as they are often affiliated with the school board or the superintendent’s office, and I don’t think that is what you want. You want someone who is totally free of both the Mayor’s Office and us. In an organizational chart you shouldn’t see them under the Board of Aldermen or under the Mayor. You should see them kind of out there on their own, but at the end of the day I don’t think we can just have them out there. Budget Review – 05/09/11 Page 28 Alderman Pressly Floating. Alderman Melizzi-Golja Right. Not accountable to anyone. That to me is the piece that really needs to be worked out; how is this person managed, and not that we want to manage them, but just to make sure a process is being followed and that the outcome is positive. It may not always be the desired outcome, but at least people feel like they have been heard and there is a mutually agreed upon resolution to whatever has been brought before the Ombudsman. Alderman Pressly Those are really good points, and I appreciate that. I will try to look into that. I don’t know that it has been done a whole lot in this country. I think in Europe it is a very popular way of identifying problems. I will give you an example of what we identified on the Navy base. This was many years ago, but it was a matter you would go into for your doctor’s appointment and you would be sitting in a large lobby and they would yellow out Mrs. so and so with the broken leg come on up to the counter. Because the people did come to me they were able to change that. That used to be done all over the country where people would yell in a crowded room whatever issue the person was sitting in the waiting room for. It turned out to be things like that that could be improved upon. I did have sort of a person to report to, and I’m not sure how that would work. But if you sort of like the idea…I don’t know what would be wrong if we could even have a volunteer do it, if it were the right person, if it is strictly your concern of money. But I think there has to be some way for people to express their concerns in a confidential way that is taken seriously. I would be happy to work on that if you are interested. I appreciate the fact that you have done some research on it. Chairman Deane This sounds like a piece of legislation for Alderman Clemons to shepherd through his committee. I don’t know why I feel that way I just do. Alderman Pressly It has been assigned to both. Would you like to take a vote that you would turn this over to that committee? Chairman Deane It is already in his… Alderman Cox It is tabled there also. Alderman Pressly But they are waiting for you. You are each waiting for… Budget Review – 05/09/11 Page 29 Chairman Deane What do you want us to do Alderman Pressly? Ask Alderman Clemons to… Alderman Pressly Put it back on the table. That is fine with me… Chairman Deane Put a gittyup on this in Personnel and… Alderman Pressly …it can just sit on the table forever. Chairman Deane …make a decision? Alderman Pressly I will be happy to bring it up there again and try to answer the questions. Chairman Deane Thank you. MOTION BY ALDERMAN DEANE TO TABLE O-10-23 MOTION CARRIED TABLED IN COMMITTEE R-10-66 Endorser: Alderman Diane Sheehan RELATIVE TO THE TRANSFER OF $92,000 FROM ACCOUNT 591-86005 “FY2011 GENERAL CONTINGENCY” INTO ACCOUNT 577-11 “CODE ENFORCEMENT, PAYROLL – FULL TIME” GENERAL DISCUSSION - None PUBLIC COMMENT - None REMARKS BY THE ALDERMEN - None Budget Review – 05/09/11 Page 30 ADJOURNMENT MOTION BY ALDERMAN WILSHIRE TO ADJOURN MOTION CARRIED The meeting was declared closed at 8:12 p.m. Alderman-at-Large David W. Deane Committee Clerk Pro Tem  • .~:) ); \~ ~~JJI0N 0~ ~lY ,~J I MAyOR To: Board of Aldermen From: Date: Re: R-11-107, Relative to the Transfer of $2,000 from Account #502-51030 "Legal. Outside Counsel Services" into Account #502-11900 "Legal Payroll Adjustments" The attached Memo (on the reverse side), Re: Appointment of Deputy Corporation Counsel, was distributed to the full Board of Aldermen on April 22, 2001. R-l1-107 transfers the necessary funds to make this change to this position for the remaining two months of this fiscal year. I would appreciate your favorable consideration of this Resolution. Thank you. 229 Main Street· PO Box 2019· Nashua, NH 03061-2019 603.589.3260' fax 603.594.3450' NashuaMayor@NashuaNH.gov To: Board of Aldermen From: Dote: Re: Appointment of Deputy Corporation Counsel I am pleased to inform you that effective May 1, 2011. I am appointing Dorothy Clarke, Esq. as Deputy Corporation Counsel as cHowed in NRO 5-38 A. In consultation with Corporation Counsel McNamee we recognize that Dory's responsibilities and Interactions within the Legal Department are more closely I described in the Position Description Form for Deputy Corporation Counsel thar her current position of Assistant Corporation Counsel. As those of you who hav.e worked With Dory know she is an invaluable member of the Legal Department! and takes great pride in being thorough and accurate as she carries out her duties and responds to requests for services. Thank you for your attention to this matter and for your anticipated confirmatiJn of this promotion for Attorney Clarke. : 229 Main Street- PO Box 2019· Nashua, NH 03061-2019 603.589.3260' fax 603.594.34S0· NashuaMayor@NashuaNH.gov