Personnel/Administrative Affairs Committee

PERSONNEL/ADMINISTRATIVE AFFAIRS COMMITTEE JULY 23, 2012 A meeting of the Personnel/Administrative Affairs Committee was held on Monday, July 23, 2012, at 7:00 p.m. in the Aldermanic Chamber. Chairman Paul M. Chasse, Jr. presided. Members of the Committee present: Alderman Arthur T. Craffey, Jr., Vice Chair Alderman June M. Caron Alderman Kathy Vitale Alderman Diane Sheehan, Arrived after Roll Call Also in Attendance: Mayor Donnalee Lozeau Alderman Daniel T. Moriarty Alderman-at-Large Barbara Pressly, Arrived after Roll Call PUBLIC COMMENT Bob Burgess, 32 Bates Drive. I was here tonight for Resolution 12-052, Establishing an International Design Competition to Generate Design for the Greeley Park Bandshell. I noticed three are the sponsors of this resolution. Where are they? They’re not to be found here tonight. This was publicized on the website and everything else. This was going to take place tonight. It seems like even if you’re not going to bring it up, I think it would be the courtesy for at least one of the three to show up. Greeley Park. What really changed my mind was this past weekend with doing anything further with this bandshell. The local paper estimated around 5,000 people showed up at the bandshell for this weekend. I’ve got no problem with different activities, but I don’t think this is the site for anymore of this outpour of citizens. As you come up Concord Street on the right of Greeley Park there was a sign over the years “This is a place to rest.” Well, anybody that was up through there, and I live up in the area, my street has abutting this for over 40 years, my 70 plus years I’ve abutting Greeley Park on the east side, the west side on Manchester Street. So I know a little about Greeley Park. Back in the days we used to be able to drive and walk through from Manchester Street. Up through the top of the hill there was a shell of a old log cabin house there that’s long gone. You can’t drive through there. With the activity that’s taking place up through that area now it’s completely more or less closes off. Remember some of the old back in history the log cabin back in history anybody that’s been around, maybe none of you guys, a little bit too young, there was a citizen called Lou Lou that lived off Greeley Park up in the back. There was a place that somebody had like a castle. They wanted to build a church up there on the other side of Greeley Park. With the activity that took place this weekend, the amount of traffic, the parking, there’s no parking whatsoever on Greeley Park. If we start to renovate this, make additions to Greeley Park, we just can’t absorb anymore. This is one of the few parks that somebody can go in there and rest. I think a good many people like to get up there and take a blanket and lay down and rest now. That bandshell area now is cluttering up. It was like a carnival atmosphere up there. I guess the mayor read up there to some of the youngsters. I think maybe Mrs. Pressly it’s too bad she isn’t here. I was going to recommend that once they take Bronstein Apartments let’s put the bandshell down there. We’re promoting the inner city. I think this would be a beautiful place for it. I think Greeley Park should stand in its existing condition. We don’t need anymore of the bandshell. I don’t know any of the neighbors up there that even asked for the bandshell or want any improvements on this. I’ve been here for years now. The Mayor, I’ve brought up to you a few times at some of these meetings the pig pen at Greeley Park has turned out through. I think if you and the park director go up there behind the buildings, look at the pile of rubbish. The buildings are falling apart. They should be condemned. Nothing gets taken place up there. If I had my way I’d level all that, take those piles of crap out of there. A good many Personnel – 7/23/12 Page 2 of us in the gardens up there have been plagued with woodchucks because of all the growth and everything through this area. I strongly oppose to anymore development up there with the bandshell. I think it isn’t panning out. The city is getting bigger. A good many of the aldermen seem to be pushing for more apartments downtown. This is going to bring more people to outskirts of the city. I think we should preserve this park like it used to be. It was beautiful in the old days when we didn’t have the statutes, the monuments. Everything seems to be going art with the murals and everything all through the city. I think we should try to preserve Greeley Park in its existing condition. Like I say, I’m really disturbed that not one of the three aldermen that sponsored this resolution is here tonight. This was publicized I believe in the paper, on the website and somebody should have showed up here tonight. The other one dealing with the polls, O-12-12. I strongly think this should be endorsed. I think it’s important that we keep the people adequately regardless who it is away from the polls for the 100 or 200 feet which is required presently now. This is going to knock off some of the stuff that takes place. I don’t know when the next meting on this Greeley Park is. I think chairman maybe you could tell us, me and a few of the neighbors that are here tonight. They showed up for the same reason I did. We thought we were bringing this up tonight. When it’s going to take place please. Chairman Chasse Mr. Burgess, Alderman Pressly is in the building. She’s attending another meeting. She will be here. It is on the docket, and we will take care of it tonight. Mr. Burgess I wish she was here to hear our comments because like I say let’s put this downtown there where they want to rip the Bronstein Apartments. I think it would be a good place for it and then she’d have it there. She could be in walking distance from her home. Thank you. Dave MacLaughlin, 4 Heritage Village Drive, Nashua. I am here in support of Ordinance 12-12 regarding activity at the polling place. I have voted in every city election since 2000 and I have served as a poll stander outside the Ward 8 polling place in every election since 2002. Whether it’s been a referendum or a campaign or a cause, no one really should be allowed within that 100 foot area to interfere or other obstruct with the activity of voting. I have seen our moderators and ward clerks and our selectmen struggle with this issue, not really sure what’s allowable, what is allowable. As has been pointed out to you in this memo, written by our esteem city clerk, there’s a lot of activity other than voting that goes on sometimes in some of this polling places. Both sides on any cause, issue or campaign should be held at the same standard, and there should be activity other than simply voting allowed inside the polling place. One year it got so back up in Ward 8 that a candidate for state representative had a large vehicle which served the purpose of a personal campaign billboard parked in the very prime parking spot at the corner of the Ward 8 parking lot by Bicentennial School. While I’m all for free speech and for signage waving and sign holding, that day the vehicle broke down and could not start without the assistance of a towing service. By the time a towing service arrived which is also a fairly large piece of equipment and then the container truck which held the billboard signs on it were removed it caused congestion at the polling place and God knows how many people just kept on going thinking I can’t get inside the parking lot and my time is valuable. Voter’s time on election day is valuable. They do not want to be accosted or approached by anyone until after the process of voting has been finished. I think this is a great idea whose time is long overdue. I’m surprised we didn’t do this before, and I salute Alderman Moriarty, the primary sponsor, for bringing it up tonight. I hope the committee will find its way to support it unanimously. Thank you. Tracy Pappas, 12 Swart Terrace. I’m here to comment on the International Design Competition for designs for the Greeley Park bandshell. We had this before. My expression is if we do go ahead and have a competition that we be very clear about who is on the committee. I think the alderman that sponsored it, the former mayor Personnel – 7/23/12 Page 3 that was there when this bandshell went through, one of the things that have been missing through the whole process is an acoustical engineer. Acoustics, physics and engineering, they’re very specific items. I know more about acoustics than I wish to know having lived by the bandshell. There’s a lovely individual, I won’t say if it’s male or female, but they thought they were more effective by the noise than the people behind the, I call it the band frame because it’s a frame and not a shell. They were walking their dogs behind the band frame. They had never done that during a concert. This individual said to me, “I thought I had it bad. I could not believe how loud the noise reverberated.” And this was not during that loud of a concert. I got to say when we have the bandstand concerts, I often will have dinner early and we’ll sit and we enjoy hearing that. The problem the city wants a bandshell where we will have 12-hour, I call them blastathons where you allow people to bring in excess amplification. If that’s what you want you shouldn’t put in such a facility so close to dwelling homes. I get a lot of advice from people. There have been a lot of people who have come in and weighed in through the years. It is not easy to be the one, and their swinging time after time to have to deal with this. In 2010, the Board of Aldermen passed an ordinance banning outside amplification. In 2011, it was the first year it was enacted. Unfortunately the department in charge did not take the ordinance seriously. So the first violation, neighbors, and I have to I’m a technophobe, my husband and I are both, I mean we’re part of the age where we should know how to use this stuff but we don’t know how to do so, so other neighbors had taken the pictures. We had pictures of excess amplification on the stage. We mailed it in, sent it in and the response from the department was it wasn’t plugged in. It kind of reminded me of I didn’t inhale. The next time people actually had to get pictures of the plug. I had people say don’t bring this up. You don’t want to cloud the issue. I’m not trying to cloud the issue. The issue is it’s great to live near a park. I love hearing the concerts by local bands that don’t use amplification. You can hear them. It kind of pours over. What we don’t want to hear is excess amplification without the backing because it absolutely disrupts one’s life. I think if the city wants a bandstand to have concerns that go for 12 hours and to allow people to bring in excess amplification, they need to look for a different spot. However, I have no problem with this legation. What I ask is that number one, the sponsor, I think that Alderman Pressly has been absolutely committed to this project, that she be on the committee. Alderman Donchess who was then mayor be on the committee. I, and this is a request, I know that we have Alderman Moriarty who has a physics background. As I said I know more about noise than I want to know in regards to just how we’re going to manage this facility. The main thing on this if we want to pass this legislation, it should not just be an architect. We need to have an acoustical engineer, up or down. I think that if indeed you want to have a structure that you can live next door to someone, you need to have an acoustic engineer. I had an acoustical study done. A neighbor spoke with the individual who actually did it. The name is Tocci. I don’t know if Alderman Moriarty recognize the name, but we e-mailed this gentleman the blue prints of the bandshell. This individually essentially said there is no way you can outside amplification with this facility. There is just absolutely no way. I appreciate having people get creative and that kind of thing and have it look better. That’s fine. But if you want to do away with the ordinance that limited outside amplification, there needs to be an acoustical engineer. Otherwise it is a waste of time and money. I appreciate the guts it took for the Board of Aldermen to have done this. As I said, last year we actually literally had to take pictures of a plug in an outlet to prove that the ordinance wasn’t being followed. This year it has been, and it has been wonderful. I love sitting out. The band concerts have never had outside amplification. I love the noise spillage for those. I love sitting out and listen to those. That’s great, but you don’t expect something so loud that your windows shake and your walls shake. I support this if it is put in the ordinance that there is an acoustical engineer. That’s what didn’t’ happen last time around. If this ordinance is indeed passed, that’s what I ask for. Thank you very much. Personnel – 7/23/12 Page 4 Bob Earley, 16 Swart Terrace. I’ve lived there for about 46 years. I abut the side of Greeley Park where the bandshell is located. I’m speaking in reference to R-12-52. I’m concerned that a preoccupation with the appearance of the bandshell may obscure a fundamental problem and that is the acoustics. I can well understand the concern about what some people regard as an aesthetic nuisance but after 20 years we finally realized that we don’t have a bandshell and what we’ve been staring at is just a bunch of steel supports. I hope at this point that we don’t again allow a concern with cosmetics and appearance to interfere with the fundamental purpose of a bandshell which any acoustician will advise is for the purpose of isolating sound from the neighborhood and controlling it, neither of which is accomplished by our current facility. Buying a design focused on the appearance of the bandshell is like buying a car based on the color of the paint and the shape of the body. Until we have acoustical specifications on an engineering plan there is nothing against which to measure whether or not the designs are going to be adequate to control and isolate sound. For some reason the original engineering plan of the existing bandshell has been lost. We’re flying blind. We have no idea what the acoustical specifications were on that plan, and I would submit that if one is going to site a bandshell within 150 yards of a residential neighborhood, it’s a pretty tall order to make sure that the facility is adequate to control and isolate sound. I just hope that any efforts to treat the appearance to the bandshell is based on a fundamental understanding of what the acoustical specifications of the plan are going to be, not wait until it’s built and then see whether or not it’s going to be adequate. We’re sure that closing the bandshell will have some effect and will relieve some of the problem, but whether or not it will qualify from the standpoint of eliminating intrusive sound in the neighborhood which is the standard used by the sound engineers who have tested the site and each of whom have found that the sight is not capable of controlling intrusive sound in its current condition, those are the standards that we need. We don’t have any community noise standards in this city. We don’t have any community noise standards in this state. It’s going to be left to the courts to decide apparently unless the public health department wants to get involved and generate these kinds of matrix. I would hope that any plan that is adopted with regard to further work concerning the bandshell first of all consider the question of whether the shell is so sited as to make it possible for it to ever qualify as a site that will not constitute a nuisance that interferes with the peaceful use and enjoyment of abutting property and will not affect the health and safety of abutting residents. Thank you. Bob Burgess, 32 Bates Drive. I’d like to get back on the issue, not the sound. The amount of parking that took place this last weekend was all the way from down to Stark to Courtland, up over past Hills Ferry Road. Now this was for 5,000 people that attended. If you’ve got 10,000 people, where are they going to go? Maybe they’re get down in this area down below where some of my neighbors that spoke here tonight and park down there. The parking is a major, major problem. With the new outlet mall that opened up in Merrimack, you’re going to see an increase of traffic up through Concord Street. Now you’ve got cars parked on both sides of Concord Street all the way down to the area I said over last weekend with 5,000 people. I think it’s a major problem there to put that many cars in that neighborhood if we’ve got to get emergency apparatus up through there. And people crossing all over the place, I think we’re going to have a major problem. I don’t think this site here is the appropriate place to put a bandshell. It think we can’t just talk about the sounds. We’ve got to talk about the parking facilities. How many people are going to be utilized here. These are strong areas we look at. We can’t just say well we’ll keep the sound down tonight. I don’t even hear it over my end on the north side of Greeley Park, but now like I say, Saturday was a turning point for me to see the amount of people on top of this hill that could have been used for people say laying down on blankets and stuff. We had tents and all kinds of things up there. We’re killing the grass. I think it’s important to keep this, like I say, this was a place to rest. The sign that was originally up there for years. I don’t know if it still exists. I think the bandshell, like I say, should be put somewhere else. I’m not worried about only the sound but the traffic and what the neighbors got to put up with going up through there. It’s easy to say, I live down the road a few streets and as long as the sound is down, I ain’t going to worry about the traffic. Well what about the safety of the people and the emergency access that’s got to get up through Greeley Park? I think we’ve got to take a strong look at Personnel – 7/23/12 Page 5 this. I don’t really think if we’re going to do anything to get rid of this bandshell, we’ve got to do it now before we invest anymore money. We spent all kinds of money in a few other parks recently downtown like the Rotary Park. Many times I go through town, the only thing I see down there is the geese. I don’t see anybody down there meditating or nothing else. The new one on the corner of Ledge with the wood chips and the compost, it’s going to take full time park employee to keep this park up. Like I say, I hope we’re going to look at the amount of traffic up there, the parking and do we want to put all these people on the top of that hill to wreck what’s left of a very nice park. Thank you very much. Chairman Chasse Before we go on to interviews, I just want to let the people out there know that Ordinance 19, concerning the wild game is not on the agenda tonight. It got moved. It will be on the agenda August 20th. I’m sorry it was in the Nashua Telegraph, but you had to go hunt for it. A little pun. INTERVIEWS Tax Increment Financing Advisory Board Cornelia Eschborn (New Appointment) For a Term to Expire: August 1, 2013 Mayor Lozeau I appreciate the opportunity to come before the committee tonight and bring for your consideration Mrs. Cornelia Eschborn who’s willing to serve on the Tax Increment Financing District on the advisory committee. I believe you will be pleased with her resume and what she brings to the table. I don’t know, well no, I actually know that I have not appointed anyone to this committee since I’ve been the mayor. I think the committee has not been meeting in the recent past. While we’re looking at that area right, particularly as we’re looking at purchasing additional land for the rail trail, it was brought to my attention by Director Hersh that it would be helpful to look at the membership and appoint some members to the committee. So as you see tonight on your agenda, you have the individual from Peddler’s Daughter being reappointment. A new appointment, our public library direction, new appointment, our superintendent of parks, Mr. Caggiano, and the reason for the staff being appointed is according to the state law you have to own property or be an abutter. With us owning the rail trail and the library being in that area, we thought that was a reasonable thing to do. What Cornelia, if I can be casual enough to call you by your first name, Cornelia lives in Jackson Falls, has been incredibly involved in this community in the arts, in events going on, getting to know people downtown, really paying some close attention to that general area of the city. She, I think, as you’ll see in her resume brings some real skill with organization, getting information, really having a background and doing your homework before you make recommendations. I think she’s enthusiastic and quite bright and is willing to put time in in anyway she can to help our city. I’m thrilled that she was willing to serve, and I’m happy to introduce her to you this evening for your consideration for this appointment. Ms. Eschborn I’m very pleased to be here. I have seen this organization work over TV a lot. It’s really special to be sitting here. To add a little bit, if my voice lets me, to my resume. What’s not written in there is I’ve also been an adjunct teachers at Rivier for many years. I think you and I met before because I used to live at Berkeley Street. I’m excited about this town. I think it has huge potential, and I love what’s going on. I love what they are doing on the bridge right now because in a way that’s my backyard. I think I’ve given up driving one of my Personnel – 7/23/12 Page 6 cars for good because everything is walking distance. So I’m absolutely delighted to be a downtown person. I’ve been in Nashua for more than 20 years in various locations. Alderman Caron I met Cornelia because I sit on the Board of the Senior Activity Center, and I’m very impressed. I’m really happy to see that you are willing to serve on this Board because you’ve done some really good things I’ve heard for the Senior Activity Center so I think it’s great. You’re a great asset. Ms. Eschborn And I’m just lucky enough to be retired now so I have some time. I think that makes me a rarity. Alderman Craffey Welcome. Being retired doesn’t mean you have a lot of time. You’re busier than ever. I have a lot of patients that come in and say I’m now retired; I don’t have enough time to do what I want to do. That being said, how do you think you’ll fit with this? I don’t see a finance background. I see a lot of organizational background which can work in your favor on this type of committee. Sometimes these committees can get bogged down and sort of muddle. Ms. Eschborn I’ve had a little bit of experience at the Senior Center with that one. I’m also the finance minister of my own family which gives me a lot of do. I’m a learner. Whatever needs to be learned, I will research and learn. Alderman Craffey You’re CEO of your own family. That answers that. Everybody knows that. Thank you very much and I’m glad to see you step forward and we always welcome volunteers who want to serve. Thank you very much. Alderman Pressly I’d just like to say I think it’s really important to have someone that lives in that building be part of this because that’s part of the TIF. Congratulations and I hope you enjoy serving. It’s nice that you’ve offered to participate. Thank you. Alderman Vitale Thank you for volunteering to serve on this committee. I think when the Jackson Falls was built and everything that went through with the building and having the TIF Committee and everything and understanding that I think some people still need to have an understanding what the tax increment financing is, I’m glad that you’re willing to serve. Maybe as time goes by people will be more aware of what it can mean to the city and what a plus it can be. Thank you very much. Ms. Eschborn If any of you want to see what it looks like from the fifth floor, just call me. I’ll serve you a cup of tea. Personnel – 7/23/12 Page 7 Chairman Chasse I want to thank you for your willingness to serve. We’ll take up the appointment in a few minutes. Mayor Lozeau Thank you, Mr. Chairman. Chairman Chasse You’re welcome. COMMUNICATIONS From: Alderman-at-Large Brian S. McCarthy Re: R-12-052, Establishing an International Design Competition to Generate Designs for the Greeley Park Bandshell MOTION BY ALDERMAN CARON TO ACCEPT AND PLACE ON FILE MOTION CARRIED From: Paul R. Bergeron, City Clerk Re: O-12-012 MOTION BY ALDERMAN CARON TO ACCEPT AND PLACE ON FILE MOTION CARRIED APPLICATION TO LICENSE HAWKER'S, PEDDLER'S, ITINERANT VENDOR'S LICENSE - None APPOINTMENTS BY THE MAYOR MOTION BY ALDERMAN CRAFFEY TO RECOMMEND THE CONFIRMATION OF THE FOLLOWING APPOINTMENTS BY THE MAYOR: TO THE AIRPORT AUTHORITY: DONALD DAVIDSON FOR A TERM TO EXPIRE AUGUST 31, 2017; TO THE CABLE TELEVISION ADVISORY BOARD: LAWRENCE ARTZ, FOR A TERM TO EXPIRE AUGUST 8, 2015, TO THE ETHICS REVIEW COMMITTEE: LARRY L. TAYLOR FOR A TERM TO EXPIRE APRIL 30, 2015 AND TO THE TAX INCREMENT FINANCING ADVISORY BOARD: MICHAEL CONNEELY, JEN HINDERER, NICK CAGGIANO AND CORNELIA ESCHBORN FOR TERMS TO EXPIRE AUGUST 1, 2013 MOTION CARRIED UNFINISHED BUSINESS – None NEW BUSINESS – RESOLUTIONS R-12-48 Endorser: Mayor Donnalee Lozeau ESTABLISHING POLLING TIMES FOR THE STATE PRIMARY ELECTION ON SEPTEMBER 11, 2012 AND THE STATE GENERAL ELECTION ON NOVEMBER 6, 2012 MOTION BY ALDERMAN CRAFFEY TO RECOMMEND FINAL PASSAGE OF R-12-48 Personnel – 7/23/12 Page 8 MOTION CARRIED R-12-52 Endorsers: Alderman-at-Large Barbara Pressly Alderman Diane Sheehan Alderman-at-Large David W. Deane ESTABLISHING AN INTERNATIONAL DESIGN COMPETITION TO GENERATE DESIGNS FOR THE GREELEY PARK BANDSHELL MOTION BY ALDERMAN CRAFFEY TO RECOMMEND FINAL PASSAGE ON THE QUESTION Alderman Vitale I think we should take into consideration the points that Alderman McCarthy on his memo to us. I would have to agree that having the Mayor’s Office appoint members to this committee would be a good starting point. Chairman Chasse Would you like to put that in a form of a motion? Alderman Vitale Yes. MOTION BY ALDERMAN VITALE THAT THE MAYOR’S OFFICE IS IN CHARGE OF HANDLING THE APPOINTMENTS TO THIS COMMITTEE FOR THE INTERNATIONAL DESIGN COMPETITION FOR THE GREELEY PARK BANDSHELL ON THE QUESTION Alderman Pressly First, my apologies for being late. I’m sorry I missed apparently a lot of people who were here to discuss it. I was at two other meetings down the hall so it’s been a busy night. I do agree with the amendment, and I just wanted to explain on that point. This has been a two and a half year effort, and it just seemed like it was a shortcut. I had the discussion with the Mayor and with Alderman McCarthy, and it’s fine if we go through the traditional way. She appoints and then this Board approves. The reason I did it the other way it just seemed like it was a shortcut way of doing this since the majority of the committee would already be in place. I certainly support the amendment. MOTION CARRIED TO AMEND MOTION BY ALDERMAN CRAFFEY TO FURTHER AMEND TO ADD THAT AN ACOUSTICAL ENGINEER BE INCLUDED ON THE JURY ON THE QUESTION Personnel – 7/23/12 Page 9 Alderman Pressly That’s absolutely fine with me. I brought my packet on the project. I will spare you going into it. I don’t know how many of you know the history of this, but that’s absolutely fine. We want aesthetics and we want the acoustics. In fact some of the people here tonight might be the appropriate appointees for the Mayor to do this. That’s fine with me too. That would have been, I think, part of the request that would go out. Alderman Craffey I just wanted to explain to Alderman Pressly that when you weren’t here there was a number of issues brought up by the residents. That was one of the things they brought up specifically was to include an acoustical engineer. If we’re going to go forward with this, they would like to have an acoustical engineer on the jury. That’s why I made the recommendation. Thank you. Alderman Pressly I assumed that because they’re the neighbors. I assumed that would be part of the package because the request that will go out hopefully will include all of those things. But that’s great to amend that also. Chairman Chasse Alderman Pressly, unfortunately you weren’t here and the people that did speak tonight, Mrs. Pappas and the other gentlemen, they brought up some very good points, not just the acoustics but other particular things. Mrs. Pappas did say right now this year they have not had a problem which is a good thing. Alderman Pressly I know. That is a good thing. Chairman Chasse I know it’s been sitting around for a long time. I wish you would have seen it. I would probably think about maybe we could table this and then you get to see the beginning of the meeting. We can bring it up at our next one. This way here you would get to see what some of those points that those people brought up. If this is not life threatening per se. I would like to see the amendments go through, but then I probably would like to see it tabled until you get to see the front end of the meeting so you can caught up to what the individuals brought. That’s only my suggestion, but I’ll let you speak. Go ahead. Alderman Pressly That would be fine with me. It’s been over 35 years. Another month won’t hurt. That would be fine, however, I think I know what they have said because they’ve said it at all the meetings that we’ve had. That was intended to be part of the whole project. The two issues are acoustics. I’ve also heard, I think it was Alderman Deane that sponsored the legislation that changed the rules and the enforcement. So the offensive sound they’ve experienced in the past my understanding has improved tremendously. The other thing that I think needs to be brought out is there is to be no expenditure of public money with this. This is just an effort to get a creative, good design. To me it’s been really fun and interesting that the legislation that was passed the same time this was went this route of the international design. They have come up in the 2 ½ years really interesting, creative design work. Doing it the old fashion way, the only applicant that came along was the same guy who built what we have. We call it a bandshell. Whatever you want to do, however, I think I know what their concern is and they will be involved. If you want to that’s fine. Personnel – 7/23/12 Page 10 I’ve talked to most of those people, and I think I know what their feeling is with the acoustics. That’s critical to a well functioning bandshell or any entertainment like that. You have to have good sound. Chairman Chasse I think I want to see it myself because from what I was getting from Mrs. Pappas that she was concerned that the ordinance that we have right now for the limit of the sound is going away. Alderman Pressly No. Chairman Chasse That’s the way I kind of took what she was saying. She was concerned about that. Maybe I’m wrong. That’s why I say I’d like to see it myself too, but I’ll pass it over to Alderman Vitale. Alderman Vitale I think there’s a couple things here. One is having the acoustical engineer will be extremely helpful. I think where there becomes a problem is the way I take it is the amplification of the sound is where it starts to go overboard. So as long as they’re not amplifying the sound that’s currently there it rains it in. Having a bandshell that is specifically meant to target the sound in a certain direction and control it a little bit for those people that are listening to the music meant for the bandshell is going to help. The design currently is as everybody says, it’s not a bandshell. It makes you have the same feeling of a bandshell but it’s not in the true sense of the word. It’s the amplification that we really need to discuss. You go to big bandshells, they do have amplification. You have to make sure the shell is built in such a way it handles that amplification in the proper way. That might be a thing that a jury would be able to look at. It might mean that could still have somewhat of an amplification if the bandshell that we build and eventually approve funds for handles it in the proper way. Otherwise, that one would be something that they would either have to accept or reject down the road depending on how they think it’s going to affect the entire area. But it’s the amplification that’s really the biggest problem. The other thing that I wanted to bring up that was brought up by a member of the public was the parking issue on large venues. It’s not really related to this piece of legislation per se. That’s probably something we can look at on a different committee down the road because eventually as the city grows and we do some popular here in the park, we should look at parking when we know it’s a big venue. Maybe use the parking lot down at the junior high school or something to supplement the parking so people aren’t all over the place in an unsafe manner. Alderman Pressly I think the importance of this legislation is that it’s a new and different and creative way of seeking suggestions. There’s no commitment of money. There’s commitment that you would even choose one. But what was done with this other group really seemed to produce the type of thing we’re looking for for a bandshell. The parking is a separate issue, and I appreciate that too. So this is just to try this new technique of soliciting ideas and creative ideas for structures in the city. It doesn’t mean you’re going to even choose any of them. Personnel – 7/23/12 Page 11 Alderman Craffey Alderman Vitale covered a lot of what I wanted to talk about. I was a little disappointed to hear that in 2011 they did have issues with acoustical problems with people being plugged in, but I was encouraged to hear that this summer it has not been a problem. So I was very encouraged to hear that that the parks department has stepped up and paid more closer attention to the music that’s going on there. I was encouraged to hear from Mrs. Pappas that her summers have been a little bit more peaceful this year. Mr. Burgess raised a good point that will have to be addressed by this Board of Aldermen dealing with the parking issue. Mr. Burgess did bring up very good points about his concerns. They were parking all the way down to Stark Street or Concord Street. He brought up concerns about getting emergency vehicles in there if we need to get in there. That’s something the Infrastructure Committee will probably have to be brought up with, probably through separate ordinances, but an issue that we should be aware of. Thank you. MOTION CARRIED TO FURTHER AMEND MOTION BY ALDERMAN CRAFFEY TO TABLE R-12-52 MOTION BY ALDERMAN NEW BUSINESS – ORDINANCES O-12-12 Endorser: Alderman Daniel T. Moriarty AMENDING THE ORDINANCE REGARDING SIGNS AND HANDBILLS AT POLLING PLACES MOTION BY ALDERMAN CRAFFEY TO RECOMMEND FINAL PASSAGE OF O-12-12 ON THE QUESTION Alderman Moriarty This ordinance arose as a result of an incident that caused some attention. The most recent primary election there was an organization that was collecting signatures at least one of the polling locations. After much hubbub, I talked to City Clerk Paul Bergeron, and he informed me that the understanding of polling restrictions is that for people that are campaigning have to stay further than 100 feet away from the polling location as we all know. That if you’re not on the ballet that restriction doesn’t apply to you. So a couple constituents requested that I look into it so I did some investigating. The first thing was to find out whether the City of Nashua has the authority to even regulate it. It turns out we do. I got that answer with the help of City Attorney Stephen Bennett. Then the next surprising real discovery was that there already is an ordinance on the books, a city ordinance that prohibits anybody of any sort doing any sort of handbills or signs or anything within 100 feet of the polling location. So really that just wasn’t well known. What this ordinance does, if you notice the way it is written, Paragraph A makes a point to clarify that if you’re electioneering you have to stay further than 100 feet from the entrance to the polling location because the existing ordinance actually prohibits anybody selling Girl Scout cookies or selling anything that’s innocuous. Paragraph A actually clarifies that so it just restricts electioneering. Paragraph B, as City Clerk Paul Bergeron said in his letter that he submitted, it talks about you have to park during hours, no person shall park a vehicle in front of the entrance within 100 feet except for purposes of voting. That already is on the books, and it just pulled it into this section so it’s easy to find. Paragraph C is new. That just further clarifies the restriction of people parking with signage, that’s election signage. And, Paragraph D already was there. That’s just a fine of $20. That’s it. Personnel – 7/23/12 Page 12 Chairman Chasse Are you talking about signs that are on your car that taped to your car? Alderman Moriarty The way Paragraph C is written and this was suggested by Paul Bergeron that this would restrict any signs that are on your car. As it is, we already know, you’re not even allowed to set your own campaign sign on the ground much less on your car. So it’s somewhat redundant with existing legislation. Correct. Signage on your car is not allowed. In addition to painting on your car is not allowed. Chairman Chasse Let the record show that Alderman Sheehan is present. Alderman Caron I think this is great. I think this will really help the moderators and the selectmen when they have issues with that because we all know that all these schools have very limited parking for the voters. This will certify that you cannot park your car there all day without all these signs, whether it’s for you or Tom Jones or whatever. I think this is great, and I’m happy to hear that we’re finally cleaning that up because I thought it was already a done deal. So I think this will really help everybody come September, so I appreciate that Alderman Moriarty. Alderman Moriarty That does remind me one of the sort of underlying principles behind this was to remove some of this gray area that was left at the judgment of the moderators which made their job more difficult. So part of the intent of this is to make it black and white and simplify things for everybody. Alderman Sheehan This might have been covered when I was in the Historic District Commission meeting, but how would this apply to bumper stickers versus signage? Chairman Chasse That’s a grey area. Alderman Sheehan Many voters have bumper stickers. Chairman Chasse Your own bumper stickers or presidential? Alderman Sheehan I’m thinking in November there’s going to be a lot of various things. People are both they work for the campaigns but a lot of voters also have bumper stickers. Alderman Moriarty Personnel – 7/23/12 Page 13 It’s fairly clear, I believe, that it restricts any of that stuff except for the purpose of voting. So if you are a voter coming to vote then you’re given that leniency. If you’re there to campaign then you’re not allowed to do that. I think a similar thing would occur if you have buttons. So you’re allowed to go in and vote with a button on. Okay, I will retract that. I see somebody shaking her head. Alderman Caron No. You can’t go into the polling booth with a button if you’re campaigning, if you’re voting. You must take all those buttons off. You can’t carry anything in that says that. But I agree with you that if you’re just going in to vote and you have John Jones for President on the back of your bumper sticker, it’s fine because you’re in there for that short period of time. I think City Clerk Bergeron is more concerned with you covering your car and you parked it there and it sits there all day and it’s taking up space. I’m sure he could clarify that for us because we certainly can’t be going outside pulling bumper stickers off. I don’t think that’s what the moderators want to do. Chairman Chasse I think we’ll talk to Clerk Bergeron and see if when you run for office you get your packet of your do’s and your don’ts. Perhaps he may be able to put this right into the packet saying that you can’t have a car out there with your name plastered all over it taking up a parking spot, something to that effect. This way here there will be no excuses from any candidate running for office. It will be in black and white right in their packet. Either yourself or myself can talk to him. Alderman Moriarty Sure. I’d be happy to. Alderman Sheehan I was just going to say that’s exactly the big problem that we’ve had at Ward 3 with people coming in with portable billboards on the back of vehicles and parking in the school carpool lanes. I think putting it into that would be great. Chairman Chasse This is going to take care of it. Alderman Craffey What you were just discussing about is in the analysis. Copies of the ordinance will be provided to candidates filing for office and posted at polling places at least 72 hours in advance of any election. It’s RSA 31:41(C). Anybody running for office will be getting a copy of this ordinance so that will be pretty good. My only concern that I could see is in November when they do the rides to the poll. Those cars come in for the people coming to the poll with the signs taped all over them and parking there while the rider goes in. A person goes into vote and they sit out there. I could see that being a headache to a moderator. On either political side. So that’s something that City Clerk might have to address when he talks to these people and the moderators. I haven’t worked one on one contentious election as a voter registration clerk at this thing. It can be quite contentious. Lawyers sitting there and sitting there with rule books and everything. Looking over your shoulder on everything you’re doing. Any little thing is subject to call to the AG’s office. I remember getting phone calls from the Attorney General’s Office about an incident that happened a the ward I was at. I had to remember what happened six months ago. It’s a good thing I wrote it down. I think this ordinance helps clear a lot of that up. It clears a lot of the grey area, and I’m glad to see this ordinance coming in and I’d be happy to support it. Personnel – 7/23/12 Page 14 Thank you. Alderman Vitale I was just going to say something about in regards to people given the rides to the polls and having things on their car and sitting there in a different manner than the person going in to vote. I think for the most part that should be covered in the information handed out by Mr. Bergeron for election things. It’s really not only yourself but it’s anybody that’s working for you or for the purpose of different parties will give rides because that’s a way to get voters to the poll. But I’m sure in his stuff, he’s pretty thorough about notifying people that just because you’re giving rides doesn’t mean that you’re going to be given free rein on doing the signs all over your vehicles. Alderman Craffey I do agree. Alderman Pressly Maybe it’s covered in there and I’ve missed it but I remember there has been times where people want to use the election day as a time to a petition started. I’m not sure which ones would be allowed and which ones are not. It’s an issue but it’s not an issue that’s on the ballot. So what happens with those people? Are they banned from there? Chairman Chasse We have no control over that. That’s the moderator that takes care of that. If they’re in 100 yards, the moderator will handle that particular problem. It’s not the Board of Aldermen that’s going to run down there and tell the guy he’s doing something illegal. If he’s out in the parking lot 250 yards away and getting a petition, that’s okay. Alderman Pressly People in the past have set up tables. Chairman Chasse Ya, he’s gone beyond the 100 yards. Alderman Pressly How about inside the 100 yards? Alderman Pressly The moderator will handle that. Personnel – 7/23/12 Page 15 Alderman Pressly And this legislation will say no? Alderman Moriarty Yes, Alderman Pressly, that’s exactly the issue that started this investigation in the first place. Specifically somebody was collecting signatures with a table that was right next to the door. The understanding at the time was that they were allowed even though they really weren’t because there was an ordinance on the books that we weren’t aware of that ordinance that was on the books. This clarifies that and in future nobody can do any electioneering. Alderman Pressly For anything,. Alderman Moriarty For anything,. Alderman Pressly For anything, petitions. Anything. Alderman Moriarty It doesn’t matter. No electioneering within 100 feet. It eliminates the grey area. MOTION CARRIED DISCUSSION PUBLIC COMMENT REMARKS BY THE ALDERMEN Alderman Caron I appreciate Mr. Burgess and his concerns about Greeley Park. As you know, I’ve been there for a long time. We never thought that SummerFun would grow the way it did, but Greeley Park is the venue that is used by SummerFun for its activities. The Fairy Tale Festival grew from a small party for a small group for reading purposes and has grown into this 5,000 people event. But to say that Greeley Park shouldn’t be used for anything but passive recreation, I don’t think that’s what the purpose of Greeley Park is. If you look on a Sunday and go to Greeley Park and go up Concord Street, you see all the people that are on the west side that are having picnics. They set up tents and bounce houses because they have huge get-togethers, family get-togethers and birthday parties. I agree that traffic can be a real challenge and maybe it’s something that when they do something like the children’s day or the fairy tale festival that maybe we do a shuttle from the junior high school and alleviate some of that problem. But I think that Greeley Park is our gem of the city and we certainly want people to know it’s there and be able to utilize it the best we can without interfering with everybody else. You have gardens there that have been there since World War II and people still have them and they love them. You could take those out too just to have benches and have passive recreation, but you really don’t want to do that. I think there’s a lot of elements to Greeley Park that’s very important to the city as Personnel – 7/23/12 Page 16 a whole. I don’t think we want to lose sight of that. And for whatever we do for the bandshell, and I’ve been part of that problem for a long time, and however we resolve it, hopefully that will be for everybody’s benefit, for the neighbors as well as for those people who utilize the bandshell. There are always groups that will do whatever they can to circumvent the rules when they can get away with it. I was really kind of surprised to hear that they had that problem last year because I find that offensive because that’s not what the department should be doing. It should do everything it can to help to make it safe for those people using the facilities and for those people who live around it. Thank you. Alderman Sheehan And again I wasn’t here because I was at HDC so I guess I missed that part of it, but I will say that Mr. Burgess has one of those garden plots. I know it because he has the first one which I have to drive by to get to mine which I went to twice on Saturday. I was stunned with by 3:00 p.m. there was no evidence that the Fairy Tale Festival had even been there all morning which there was a lot of traffic but it was very well organized. People were parked all the way down to Courtland Street on two roads back. So I’m not sure we do need a shuttle service. This year they had out orange cones to make sure that the corners were well marked. I think they did a very good job of getting people in and out of there safely. I was in Greeley Park for hours on that day, and I don’t want to see it curtailed with the usage. I think some of the blow back that we have on the way the ordinance was changed and the process eliminated a lot of people being able to use the park that would have otherwise been able to use it had we had a decibel ordinance. I know groups that have had to find other venues. I think whenever we had a positive reason for people to come to Nashua and enjoy our parks, it gives them a reason to want to be part of our community. I think it is a draw. To look at it shortsighted that it’s overuse that particular day or event, I don’t think that it is. I think that there is a ripple effect benefit to doing those. Like I said, they did a beautiful job on Saturday, and I’d like to comment the parks department for doing that. Chairman Chasse I’m going to have Sue send the Code of Ethics to the individuals of the Personnel/Administrative Affairs Committee. It’s very nerve-wracking. I’m very ashamed of the individuals in this Chamber where we take a vote on upholding the code of ethics, the following evening there’s turmoil in the Chambers again. The residents of Nashua thinks this is Looney tunes. It’s embarrassing. I don’t know what to do. Take a look at the code of ethics. Maybe put a monetary value to it which we can. First offense, $10. $25 second offense, $50 third offense and $50 until your term is over. Something like that. I’m just rambling out, but the next meeting perhaps we can come up with some ideas. Throw one out if something happens in the Chambers, the individuals involved come in front of the Personnel/Administrative Affairs Committee. We get a copy and watch the meeting. I don’t know; it’s just very embarrassing and I don’t know how to stop it. Perhaps if we put our heads together we can come up with a solution to this because I don’t know how you feel if you get any phone calls but it is embarrassing. That’s it. I’ll leave it at that. When we get our thing, we can handle it that way. ADJOURNMENT MOTION BY ALDERMAN CRAFFEY TO ADJOURN MOTION CARRIED The meeting was declared closed at 8:08 p.m. Alderman June M. Caron Committee Clerk