Personnel/Administrative Affairs Committee

PERSONNEL/ADMINISTRATIVE AFFAIRS COMMITTEE JULY 14, 2011 A meeting of the Personnel/Administrative Affairs Committee was held on Thursday, July 14, 2011, at 7:00 p.m. in the Aldermanic Chamber. Chairman Ben Clemons presided. Members of the Committee present: Alderman Kathy Vitale, Vice Chairman Alderman Arthur T. Craffey, Jr. Alderman Paul M. Chasse, Jr. Members Not in Attendance: Also in Attendance: Mayor Donnalee Lozeau Alderman-at-Large Brian S. McCarthy Chairman Clemons One of the members of this Board and also this committee passed away at the beginning of this week. That was Alderman Flynn. In remembrance of him, I would ask for a moment of silence. PUBLIC COMMENT - None INTERVIEWS Hunt Building Board of Trustees Tammy L. Crisp (New Appointment) For a Term to Expire: December 31, 2015 Chairman Clemons Tonight we have interviews. I would ask the Mayor to please come forward. I should note, for the record, I don’t see anyone in the audience, which is where there is no public comment. Mayor Lozeau Thank you Mr. Chairman. This evening with me is Mrs. Tammy Crisp who is a native of our community. I am pleased to present her to the committee tonight for your consideration for the Hunt Building Board of Trustees. I was approached by Tammy expressing her interest in getting involved with the Hunt Committee especially now with all of the new things going on with the construction, it is really a good time to be a participant. As you know, I often tell you that one of the things I look for is different skill sets that people could bring to the table when they participate on different boards or commissions. Interestingly enough, Tammy hosted a lot of events at the Hunt building where she put on, as she refers to them, galas, for their neighborhood. As the Hunt building is doing its work right now, one of the things that they are looking at that they are considering is the different ways to be able to generate income from the building whether it is leasing out office space that they have designed or banquet space as I have just described. Those are some of the things they are looking at. I think that is an interesting perspective that she would bring to the table having been somebody that used that space a lot, and I think that would be very helpful with them moving forward. I am happy to present her for your consideration. Chairman Clemons Thank you very much. Ms. Crisp do you have anything you would like to say to the committee? Personnel – 7/14/11 Page 2 Tammy L. Crisp I just want to say thank you to the Mayor, and that I am very excited to join the Hunt, especially now in the middle of the renovations. I just hope I can bring to the table anything that they need and I’m here to help and devote my time. It is just a very exciting time for the Hunt building so I am glad to be part of it. Chairman Clemons Thank you very much. I will open it up to questions of the committee if there are any. Alderman Chasse What is Project Safeguard? Tammy L. Crisp It is a project I run at Rivier College that the police come in. It is for the children who leave elementary school and go on to junior high and high school. It is like a drug safety program, mentoring, peer pressure, things like that. I put on a big seminar. From both Infant Jesus and St. Christopher Schools the parents and the children of all of the 6th graders come. It is a day long event with keynote speakers and lunch. The kids love it. They get a lot of insight as to what to expect when they go to junior high and high school. Alderman Chasse We could probably use that on this Board of Aldermen ha? Tammy L. Crisp It is a fun day. The kids get a lot out of it. I get great feedback from the parents for planning the day. There are probably about 350 total that come to that. It is exciting, it is a good day. Alderman Chasse Thank you. Tammy L. Crisp You are welcome. Chairman Clemons Anything further? I will just say, for the record, thank you very much for stepping forward and being willing to volunteer. I am sure that you will be a good asset to the board of trustees. We will take up your appointment in a little bit. Tammy L. Crisp Thank you. Chairman Clemons Thank you very much. Personnel – 7/14/11 Page 3 Nashua Arts Commission Susan S. Quinn (New Appointment) For a Term to Expire: April 1, 2012 Chairman Clemons For the record, I don’t see that Susan Quinn is with us this evening so we will I guess do that interview at a later date. COMMUNICATIONS - None APPLICATION TO LICENSE HAWKER'S, PEDDLER'S, ITINERANT VENDOR'S LICENSE - None APPOINTMENTS BY THE MAYOR Airport Authority Dennis Stephens (Reappointment) Term to Expire: August 31, 2016 9 Byron Drive Nashua, NH 03062 Hunt Building Board of Trustees Tammy L. Crisp (New Appointment) For a Term to Expire: December 31, 2015 7 Bartlett Avenue Nashua, NH 03064 Nashua Arts Commission Susan S. Quinn (New Appointment) For a Term to Expire: April 1, 2012 15 Hollyhock Avenue Nashua, NH 03062 MOTION BY ALDERMAN CHASSE TO RECOMMEND CONFIRMATION OF THE FOLLOWING APPOINTMENTS BY THE MAYOR: TO THE AIRPORT AUTHORITY, THE REAPPOINTMENT OF DENNIS STEPHENS FOR A TERM TO EXPIRE AUGUST 31, 2016 AND TO THE HUNT BUILDING BOARD OF TRUSTEES THE APPOINTMENT OF TAMMY L. CRISP FOR A TERM TO EXPIRE DECEMBER 31, 2015 MOTION CARRIED UNFINISHED BUSINESS - None NEW BUSINESS – RESOLUTIONS R-11-130 Endorsers: Mayor Donnalee Lozeau Alderman-at-Large Brian S. McCarthy Alderman Michael J. Tabacsko Alderman Jeffrey T. Cox Alderman Diane Sheehan Alderman Arthur T. Craffey, Jr. REFUNDING THE YMCA’S PROPERTY TAXES FOR THE TAX YEAR STARTING APRIL 1, 2011 Personnel – 7/14/11 Page 4 MOTION BY ALDERMAN CLEMONS TO RECOMMEND FINAL PASSAGE ON THE QUESTION Mayor Lozeau Thank you Mr. Chairman. I appreciate the opportunity to present this to the committee tonight. I know that it must feel a little bit unusual why are we looking at something where we are taking this kind of action on taxes coming in. The reason is actually quite simple. When we negotiated the contract with the Y and the lease and everything that came before this board, there was a provision in it that spoke to the real estate taxes, and that provision laid out that we anticipated that there would be no tax, no real estate taxes would be imposed on this lot. We negotiated in good faith with a certain amount of money that we were going to receive from them each year. It had an escalation in it and it was based on a lot of the different scenarios that we wanted to talk about; what we would do with those dollars, you may recall we talked about using some of those to maintain that property, the parking lot, and things like that. So we negotiated that lease, everybody sign on, we got it through the Board, everything was done, and along came April 1st, which is a magic day in tax world, and that date has the City Assessing Office assessing taxes. When it did, it assessed the taxes on the Y property because the Y was not yet occupying that space because it was under construction. Now that has happened in this community before for other properties or properties not being used as they were intended. Some of you may recall some time ago when St. Francis stopped being used as a church, taxes were applied, there was a lawsuit that followed, and the City prevailed in that lawsuit because the facility was not being used for its intended purpose that would be tax exempt. We have had different non-profits look at buying property in the community and have had taxes and circumstances like that. The only way to take care of this problem is to come before the legislative body. It is not something the tax assessors could waive. It is something that was an unanticipated consequence. It didn’t occur to any of us when we were negotiating that would happen. If they would have been occupied and operating April 1st it wouldn’t have happened. I look at this as revenue the City wouldn’t have had, had we known, it might have been planned a little bit differently, but because we have a document where we agreed that taxes wouldn’t be paid, the only way that I could see to take care of that would be have them pay their taxes and then come to this board and ask the Board to refund those taxes, and that is what I am here for tonight. Chairman Clemons Thank you. Alderman Chasse What is the dollar amount? Mayor Lozeau It is about $73,000. Significantly more than they would have ever anticipated. Alderman Chasse And they will never pay taxes again because they are non-profit? Personnel – 7/14/11 Page 5 Mayor Lozeau Well actually they… Alderman Chasse Because of our agreement. Mayor Lozeau …because of our agreement. You are not automatically free from paying taxes simply by being a non-profit. You still have to demonstrate annually that you have a charitable cause as well. Really the prevailing item in this circumstance is the agreement that we have. But they will be making a payment to the City every year, and it will be escalating as time goes forward, and it is our hope and it was our intention when we did that to put those dollars in a fund to maintain that general property. It is something that I am hopeful that I’m going to be back in the next year or so with a similar agreement for Conway Ice Arena to have them pay into the same fund for the same purpose rather than right now they take the monies that they would spend and they give it out in charity, which I think is a wonderful thing, and I think they will still be able to that, but I would like to negotiate a similar thing. Alderman Chasse I guess seeing we signed an agreement with them already and it is dated back to April 1st, I don’t see a problem with this. Alderman Vitale You mentioned the payments to the City and that they would escalate over time and be used to maintain the property. I think that was done maybe when I wasn’t on the board. Is there any way that we can see that? Mayor Lozeau Sure. Alderman Vitale So if anybody ever asks questions about why they are not I would have that available for them. Mayor Lozeau Oh sure. I would be happy to provide that. Alderman Vitale And also is that one of the funds then that you are looking at to maybe tap into to work on that parking lot? Mayor Lozeau Yes. Personnel – 7/14/11 Page 6 Alderman Vitale Okay. Which is in dire need. Mayor Lozeau There is not enough money in those funds yet. As you recall, that parking lot is actually built on a landfill, which is why it gets, I like to say like the old Bradlees parking lot, which is now Main Street Marketplace so there are some inherent problems already in that parking lot, but if I could get Conway and the Y all participating in putting some money in the pot and the City, I think we would be in a much better stead to maintain that the way all of us would like to see it, especially now that it is getting more use with Stellos. Conway is interested in putting another sheet of ice on so we will be coming in to talk about that and what that means and what does that mean to the city garage. But as we make that kind of a go to center; Mine Falls, new boat ramp, all of that going in, I think it is going to be important to us to have that in good stead. Alderman Vitale I would say especially when it is raining. Mayor Lozeau Yes. Alderman Vitale Thank you. Chairman Clemons Is there anything further from the committee? I couldn’t agree with you more Mayor. I think it is something that we should do. It is following the agreement. I have no problem supporting it. Is there any further discussion? The motion before us is to recommend final passage of R-11-130. MOTION CARRIED Mayor Lozeau Mr. Chairman I did bring a copy of the provision of the agreement that speaks to the real estate taxes. Would you like it for the record that the Clerk is putting together? Chairman Clemons That would be great. Thank you. MOTION BY ALDERMAN CRAFFEY 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: Real Estate Taxes – R-11-130 MOTION BY ALDERMAN CRAFFEY TO ACCEPT AND PLACE ON FILE MOTION CARRIED Personnel – 7/14/11 Page 7 NEW BUSINESS – ORDINANCES MOTION BY ALDERMAN CHASSE TO TABLE O-11-75, O-11-77, AND 0-11-78 ON THE QUESTION Alderman Chasse I spoke with the endorsers of these ordinances. They could not make it tonight, and they asked that they be tabled. MOTION CARRIED O-11-75 Endorser: Alderman-at-Large Barbara Pressly RELATIVE TO THE USE OF ELECTRONIC DEVICES DURING MEETINGS O-11-77 Endorser: Alderman-at-Large Barbara Pressly RELATIVE TO PUBLIC PARTICIPATION DURING COMMITTEE MEETINGS O-11-78 Endorser: Alderman-at-Large David W. Deane REMOVING THE PROVISION FOR THE PRESIDENT OF THE BOARD OF ALDERMEN TO ASSUME A COMMITTEE CHAIR Chairman Clemons I will say, in regard to that, there are some pieces of legislation there that, under normal circumstances, I think we should have taken up regardless of our past practices. However, because we had a loss on this board and out of respect for those members who attended services today and yesterday, I think that was the appropriate action. MOTION BY ALDERMAN CLEMONS TO TAKE FROM THE TABLE R-10-60 MOTION CARRIED R-10-60 Endorsers: Mayor Donnalee Lozeau Alderman-at-Large David W. Deane Alderman-at-Large Mark S. Cookson Alderman Richard P. Flynn Alderman Mary Ann Melizzi-Golja Alderman Kathy Vitale PROVIDING FOR A REVIEW AND UPDATE OF THE MERIT PLAN • Also assigned to the Budget Review Committee; Tabled at Jt. Mtg. - 12/2/10 MOTION BY ALDERMAN CLEMONS TO RECOMMEND INDEFINITE POSTPONEMENT MOTION CARRIED Personnel – 7/14/11 Page 8 TABLED IN COMMITTEE Resolutions R-11-111 Endorsers: Alderman-at-Large Mark S. Cookson Alderman-at-Large Barbara Pressly Alderman Arthur T. Craffey, Jr. REQUIRING BACKGROUND CHECKS FOR DIRECTORS AND INTERIM OFFICERS SELECTED TO MANAGE PENNICHUCK CORPORATION • Tabled 6/9/11 Ordinances 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” • Also assigned to Budget Review Committee; Tabled 8/5/10 • Tabled 8/12/10 O-10-29 Endorser: Alderman Diane Sheehan PERMITTING AMPLIFIED SOUND IN GREELEY PARK WITH A DECIBEL LEVEL LIMITATION • Also assigned to Board of Public Works; Favorable Recommendation Issued 8/2/10 • Personnel/Administrative Affairs Committee Recommended Indefinite Postponement 8/24/10 • Re-Referred to Committee - 9/15/10 • Tabled 10/14/10 O-11-57 Endorsers: Alderman-at-Large Barbara Pressly Alderman-at-Large Mark S. Cookson PROVIDING FOR COMMUNICATION BETWEEN THE COMMUNITY DEVELOPMENT DIVISION AND THE ASSESSORS DEPARTMENT • Tabled 3/10/11 DISCUSSION - None PUBLIC COMMENT - None REMARKS BY THE ALDERMEN Alderman McCarthy I’m actually disappointed that we tabled those pieces of legislation because I wouldn’t have come if I had known they weren’t going to get taken up. They are on the agenda, and I specifically wanted to address O-11- 78, which I believe should be indefinitely postponed. Personnel – 7/14/11 Page 9 Chairman Clemons We can talk about them now under general discussion if you would like. Alderman McCarthy The provision that is referred to there has been used twice, in my knowledge, on the board. Once was at a time when I found that four members of the Budget Committee wanted a meeting scheduled to take up a specific piece of legislation and there was reluctance to schedule a meeting. If I take Mason’s Rules here and I open to rule #1: “It is necessary that every deliberative body be governed by rules of procedure in order that the will of a majority of its members may be determined and revealed in an orderly manner”, which is the purpose of four members asking for a meeting to be scheduled and a meeting being scheduled. This rule does nothing but help to meet that cause. The other case where it was used, ironically, is when the sponsor of this piece of legislation asked me to cancel last night’s Infrastructure meeting. Were this in place I would have been powerless to do that on Tuesday night when the request was made. I see no good cause for making this change to the rules, and would encourage the committee to indefinitely postpone that piece of legislation. Chairman Clemons I couldn’t agree with you more. I think having been a part of that discussion earlier about the Budget Committee and seeing the actions or the inactions that were taking place as well as the action that was taking place last night ironically as you say by the sponsor of this very legislation. It is clear to me that this is not necessary legislation. Out of respect for the sponsor, I will support keeping it on the table this evening, but it will definitely not get my support in the future. Is there further discussion this evening? Alderman Chasse I tabled it because I was asked by the endorser to do it, regardless of how I feel about it. When it comes back to the table I make my decision then, but out of respect. ADJOURNMENT MOTION BY ALDERMAN CHASSE TO ADJOURN MOTION CARRIED The meeting was declared closed at 7:20 p.m. Alderman Arthur T. Craffey, Jr. Committee Clerk  8. Signage. Tenant may maintain a building identification sign on Lot 2224 (at such location on Lot 2224 as Tenant detennines) or on Lot 1359, at a location near or adjacent to Riverside Street. 9. Swim Teams. Tenant shall allow the swim teams at Nashua High School North and Nashua High School South to use for practices at least two (2) lanes in the swimming pool (at the Facility) on school days during the interscholastic swimming season at times mutually agreeable between the YMCA and the Nashua School District. Tenant may enter into an agreement with the Nashua School District for costs and reimbursement in connection with the provision of such service and include therewith other tenns and conditions which may be customary or necessary for such arrarigements, including provisions governing insurance and liability. 10. Real Estate Taxes. Landlord and Tenant anticipate that no real estate taxes will be imposed on Lot 2224, the Facility or other improvements made by Tenant at Lot 2224 or Lot 1359; except for taxes which may be imposed by a governmental entity unaffiliated with the City of Nashua (such as the State of New Hampshire). Tenant recognizes that it will be required to file with the City of Nashua and qualify for a chartable exemption from such taxes pursuant to RSA 72:23 and related provisions. 11. PSNHlJoint Use. At any time after the execution of this Lease, Tenant may negotiate with Public Service Company of New Hampshire to enter into a so-called joint use agreement regarding Lot 2224, Lot 1359 and the easement in favor of Public Service Company of New Hampshire (as depicted on the Plan) to enable Tenant to develop and use Lot 2224 for the Facility and make such uses of Lot 1359 (for access. parking and utility services) as maybe contemplated by this Lease andlor necessary or desirable for the use of Lot 2224 and the Facility. 12. Utilities and Utility Interruption. A. Tenant shall pay for all costs and expenses incurred in connection with utilities servicing the Premises and the Facility, including, without limitation, water. sanitary sewer service, natural gas, electric power, telephone and other telecommunication services, and other such utilities servicing the Premises and the Facility. B. Landlord shall have no responsibility or liability to Tenant in connection with the intelTUption of any utility services due to any accident, to the making of repairs, alterations or improvements, to labor difficulties, to trouble in obtaining fuel, electricity or supplies from the sources from which they are usually obtained or to any cause beyond the Landlord's control. 13. Ongoine Environmental Matters. A. During the pendency of this Agreement, Tenant may directly communicate WIth the New Hampshire Department of Environmental Services (''DES'') to establish any approval. protocol. agreement or other arrangement with DES to pennit the construction and use of the Facility. recognizing that there are certain subsurface environmental 6