Personnel/Administrative Affairs Committee

PERSONNEL/ADMINISTRATIVE AFFAIRS COMMITTEE MARCH 24, 2014 A meeting of the Personnel/Administrative Affairs Committee was held on Monday, March 24, 2014, at 7:00 p.m. in the Aldermanic Chamber. Chairman Paul M. Chasse, Jr. presided. Members of the Committee present: Alderman June M. Caron Alderman Sean McGuinness Alderman Ken Siegel Alderman Michael Soucy Also in Attendance: Mayor Donnalee Lozeau Alderman-at-Large Lori Wilshire Alderman-at-Large David W. Deane Bob Mack, Welfare Officer PUBLIC COMMENT - None INTERVIEWS Conservation Commission Donald Cederquist, Alternate (New Appointment) Term to Expire: April 30, 2017 Sherry Dutzy (New Appointment) Term to Expire: December 31, 2015 (Moving from Alternate to Regular Member) Mayor Lozeau It’s always my pleasure to come in and talk to you about people that are willing to volunteer in our community and tonight I have three volunteers with me. On the Conservation Commission to my far left is Don Cederquist and to my closer left is Sherry Dutzy. You may recall Mrs. Dutzy from a recent appointment as an alternate member of the Conservation Commission. I will tell you that the committee members have been very pleased with her attendance, her interest, and the homework she does. Even when they don’t need an alternate she comes to the meetings so it was really an easy decision for me to make for somebody that was that interested, involved, and dedicated to that work to move her to a full board position. Mr. Cederquist’s interest started from not only his line of work if you look at some of the work that he has done on his resume but also he knew Mr. Gillespie from the committee and has gone to some of the meetings and was willing to volunteer as well. I found him to be somebody that I think has all the characteristics that I look for when I bring in a nominee for your consideration. Somebody that will be professional, will be objective, will do their homework and will come to the meetings, which of course is more than half the battle. With that, I am pleased to present for your consideration the two candidates to my left. Mr. Cederquist I do know Mr. Gillespie and also Mr. Gallagher, I’ve known him for a handful of years as well. My background is that I am a professional geologist in the State of New Hampshire. I am also a licensed site professional in the State of Massachusetts. I have an interest in the Conservation Commission because I believe my experience would lend to the commission. I was first involved also with the Design Charrette for the River Walk several years back which really got my feet wet. Personnel – 03/24/14 Page 2 Chairman Chasse I will open it up for questions for the committee members. Alderman Siegel No questions, just a comment. I would like to thank you for volunteering again and for becoming permanent and I’d like to thank you very much with your experience, especially for volunteering to serve the city. I think you will be an excellent addition so thank you very much. Planning Board Daniel Kelly (Reappointment) Term to Expire: March 31, 2017 Mayor Lozeau Mr. Kelly has been a great member of the Planning Board. He’s taken the time to learn and to get past some of the early hurdles that I think a lot of Planning Board members feel which is get past how you feel about a project and make sure that your decisions are made within the scope of the law and what you are allowed to do versus what you would like to do. I think we can all appreciate is often a challenge particularly when you have very controversial things. I find Mr. Kelly to be very thoughtful and professional. He’s always doing his homework, so much so that this is the infamous Dan Kelly who has my seat on the Nashua Rail Transit Authority because I have a fine appreciation for what he has come to know about the community and how much time he is willing to give. I think we are quite fortunate because both of those – between the Planning Board and the Rail Transit Authority can be a full time job. I am pleased that he is still willing to serve and I have a great deal of respect for him. I present him for your consideration tonight for reappointment to the Planning Board. Mr. Kelly Frankly, I enjoy the time that I spend on the town, especially on the Planning Board because it gives me an opportunity to know more about the city. The more I know about the city, the more I can be a benefit to you and I like getting involved. Alderman Siegel Again, I just appreciate the fact that you are willing to serve on two important committees and re-up. Thank you very much for spending the time. Alderman Soucy I just wanted to say that Dan, I met you a year ago and we’ve had quite a few conversations and I’ve always enjoyed speaking with you and I’ve learned from you. There’s no doubt in my mind that you are the right person and I look forward to working with you in the future. You have got my full 100% support. Alderman McGuinness I serve on the Planning Board and it’s my pleasure to serve with Dan. These past three months, while not a lot of history, it’s been a pleasure. COMMUNICATIONS - None Personnel – 03/24/14 Page 3 APPLICATION TO LICENSE HAWKER'S, PEDDLER'S, ITINERANT VENDOR'S LICENSE - None APPOINTMENTS BY THE MAYOR MOTION BY ALDERMAN CARON TO RECOMMEND THE CONFIRMATION OF THE FOLLOWING APPOINTMENTS BY THE MAYOR: TO THE CONSERVATION COMMISSION: ALTERNATE DONALD CEDERQUIST FOR A TERM TO EXPIRE APRIL 30, 2017, AND SHERRY DUTZY FOR A TERM TO EXPIRE DECEMBER 31, 2015; TO THE ETHNIC AWARENESS COMMITTEE: SHARON DALTON FOR A TERM TO EXPIRE DECEMBER 31, 2016; AND TO THE PLANNING BOARD: DANIEL KELLY FOR A TERM TO EXPIRE MARCH 31, 2017 MOTION CARRIED APPOINTMENTS BY THE PRESIDENT OF THE BOARD OF ALDERMEN Alderman Deane These are reappointments. I have contacted all of these folks and spoke with them and these two trusts work together in conjunction with the Nashua Public Library and they had put on a luncheon where they had music and things like that and these folks were all more than willing to serve. Some of the confusion I had initially was the fact that some of them served on the Auditorium Commission and didn’t care to be reappointed to that. I was told that they didn’t want to be reappointed to these two trusts, the Ira F. Harris and the Hunt Legacy so I called the folks up and found out that wasn’t the case, they wanted to be reappointed. They have been doing it for years. MOTION BY ALDERMAN CARON TO RECOMMEND THE CONFIRMATION OF THE FOLLOWING APPOINTMENTS BY THE PRESIDENT OF THE BOARD OF ALDERMEN: TO THE HUNT LEGACY BOARD OF TRUSTEES: GILLIAN HINKLE FOR A TERM TO EXPIRE DECEMBER 31, 2016, AND ARTHUR OLSSON FOR A TERM TO EXPIRE DECEMBER 31, 2015, AND TO THE IRA F. HARRIS LECTURE BOARD OF TRUSTEES: JANE HANLE-OLSSON FOR A TERM TO EXPIRE DECEMBER 31, 2016; AND JUDITH CUDHEA FOR A TERM TO EXPIRE DECEMBER 31, 2015 MOTION CARRIED UNFINISHED BUSINESS - None NEW BUSINESS – RESOLUTIONS - None NEW BUSINESS – ORDINANCES O-14-014 Endorser: Alderman Paul M. Chasse, Jr. REGARDING REAPPOINTMENT PROCEDURES  Also assigned to the Planning Board; FAVORABLE RECOMMENDATION ISSUED 3/20/14  Also assigned to PEDC; public hearing scheduled for 4/1/14 at 7 PM in the Aldermanic Chamber MOTION BY ALDERMAN CHASSE TO TABLE O-14-014 IN COMMITTEE PENDING THE PUBLIC HEARING SCHEDULED BEFORE THE PLANNING & ECONOMIC DEVELOPMENT COMMITTEE ON APRIL 1, 2014 MOTION CARRIED Personnel – 03/24/14 Page 4 TABLED IN COMMITTEE MOTION BY ALDERMAN SOUCY TO TAKE FROM THE TABLE O-14-009 MOTION CARRIED O-14-009 Endorsers: Alderman-at-Large Lori Wilshire Alderwoman Pamela T. Brown AMENDING WELFARE DEPARTMENT GENERAL ASSISTANCE GUIDELINES  Tabled – 2/10/14 MOTION BY ALDERMAN SOUCY TO RECOMMEND FINAL PASSAGE ON THE QUESTION Alderman Wilshire I was contacted by the City Welfare Officer, Bob Mack. These are really more or less housekeeping measures. There not significant changes to eligibility. The first change has to do with applicants who receive an APTE which is aid to the permanently totally disabled and old age assistance. In the current guidelines, it says they weren’t eligible when that is no longer the case, they are eligible. The second change is for applicants who file false information or commit fraud. The guidelines did say that they would be ineligible for six to twelve months and that’s not the case. The case is now that they can only be ineligible for seven to fourteen days. The third change is to change the amount that welfare pays in burial costs. It says now $1,000 when we only ever paid $750 and that’s been something that’s on-going so they wanted to change the wording on that. Mr. Mack I appreciate this being taken up this evening. It is as Alderman Wilshire said, it’s just sort of some housekeeping items to clear up and clarify. There were some changes in the state statute primarily around the APTE and old age assistance which was previously exclusion. That change took place and the Disabilities Rights Commission took a look at it and they made a strong recommendation that that be changed accordingly which we have proposed here this evening. Alderman Siegel I have a question on Provision D which is being stricken in its entirety. There was some legal discussion about the ordinance and it said that a court case said it was similar to a Manchester provision that was struck down and what I am asking is which parts of the Manchester provision was struck because there are a couple of things here. There’s the period of time in which someone is ineligible which is for six to twelve months and then there’s a separate issue which is that they are required to repay any assistance given. Did the court strike down both of these provisions? Mr. Mack Basically, the ability to suspend for six to twelve months is something that is outside of the statute and therefore couldn’t be included in the guidelines. The statute does only say that they can be suspended for seven to fourteen days. If there are any other legal matters, if there is any theft by deception, any sort of legal pursuits can be made through those means. Personnel – 03/24/14 Page 5 MOTION CARRIED DISCUSSION Alderman Siegel Regarding O-14-014 – The specific language that I wanted to put into that ordinance dealt with issues for appointees that are moving from being alternate members to full members. I don’t believe that this ordinance deals with that and I just wanted the language explicit. What I would have put in there is where it says “all initial appointments” - I would have added language immediately after that – “or appointments from alternate to regular membership.” And I would have done that in both instances in this legislation and then that way everything would be straight forward because either you are brand new or you weren’t really a serving member, you were an alternate and then you get interviewed but if you are just being reappointed as I think is the general intent, then we don’t have to require the public… Chairman Chasse The general intent is to have no reappointments appearing in front of us because a lot of times we know what they are doing. Mr. Gallagher came in front of us and we know what a fine job he is doing and they are complaining that they have to take a night out to come here and we don’t really ask them that many questions as to what’s going on. They are volunteers and that’s the bad part – well they are volunteers and we don’t want to lose good volunteers so if you force a volunteer to come down here he may say well I’ve had enough of this and that’s what we are trying to avoid. I can think about it because we can’t make an amendment to O- 14-014. I don’t even have a feeling that an alternate who is going to become a permanent should come in front of us either. Alderman Siegel I certainly agree with your sentiment about full members. I guess it depends on the alternate because some alternates truly are alternate and they probably don’t show up very often and then there are others which pretty much function as full members. I understand your reluctance to inconvenience people and give them a reason not to volunteer again but I think in the particular case of alternates, we are asking them to assume to potentially go from no responsibility to an actual responsibility. In practice maybe it’s not necessary to have that wording because I understand the intent of your legislation but I see certain alternates as being no real different than new appointees effectively because they haven’t really exercised any abilities on certain committees. Chairman Chasse I can live with it either way. Alderman Wilshire I agree. I think that makes perfect sense. I support the legislation, the reappointments shouldn’t need to come back here every time but I think that makes sense. If someone is moving from an alternate to a full member I don’t think it hurts to have them come before us because like you said, maybe they only go to one meeting every six months and don’t grasp the full responsibility of it. I could support it with that kind of an amendment. Personnel – 03/24/14 Page 6 Alderman Soucy Do the alternates come before us when they are becoming an alternate? Chairman Chasse Yes, they do. Alderman Soucy So they would be coming a second time? Chairman Chasse Yes, they would come a second time. Like I said, I don’t want to lose good people. Alderman Siegel I might note that for most of these appointments it’s every couple of years so this isn’t really something that is an on-going problem. Alderman Deane I would suggest that if the committee plans on amending this, since its appeared on the March 20th Planning Board Agenda, that you amend it tonight and table it and that an amended copy of it be sent to Chairman Moriarty of PEDC and that Sue generate a memo to the Planning Board that amendments were made to it. When you go through the process of scheduling to put things on different meeting agendas, you always run into the problem that if amendments were made is that going to require that another public hearing be held because now you have something that’s changed even though it hasn’t changed significantly, it has still changed from what the public may come out to testify for or against. I would just recommend that you take it from the table, make the suggested amendments, send the Planning Board a memo, and send an amended copy of the legislation to PEDC so when they have their public hearing it’s on actually what the majority wants to do this evening and that way you won’t have to have another public hearing. Alderman McGuinness I have a question for Alderman Siegel. I don’t have this in front of me but I am wondering if you think the clarification of this language is necessary? It deals with reappointments as I understand it. If you are an alternate going to a full board member, that’s really a conversion or a transition. It just implies, maybe you could clear it up for me. Alderman Siegel Yes, you are sort of in a nether region as an alternate. You are not a full member and you are not a new member and I actually believe that under certain circumstances there should be this notion that you should be confirmed. Once again, I don’t believe that it’s very excessive to ask somebody to come in once every two or three years. If they become a full member then they are off the hook so this might just be a one-time thing. I think it’s reasonable and I do believe that it needed clarification or I wouldn’t have taken the committee’s time. I thought it was important enough not just to say that it Personnel – 03/24/14 Page 7 needed clarification but to offer very explicit language. As a point of parliamentary order, since we have made progress in this discussion, it is in order to take this off the table. MOTION BY ALDERMAN CHASSE TO SUSPEND THE RULES TO GO BACK TO THE BODY OF THE NEW BUSINESS ORDINANCES MOTION CARRIED MOTION BY ALDERMAN CHASSE TO BRING TO THE TABLE O-14-014 MOTION CARRIED O-14-014 Endorser: Alderman Paul M. Chasse, Jr. REGARDING REAPPOINTMENT PROCEDURES  Also assigned to the Planning Board; FAVORABLE RECOMMENDATION ISSUED 3/20/14  Also assigned to PEDC; public hearing scheduled for 4/1/14 at 7 PM in the Aldermanic Chamber MOTION BY ALDERMAN SIEGEL TO AMEND O-14-014 TO CHANGE LANGUAGE FROM ALL INITIAL APPOINTMENTS IN SECTION I, PART B, TO READ “ALL INITIAL APPOINTMENTS OR APPOINTMENTS FROM ALTERNATE TO REGULAR MEMBERSHIP” AND TO CHANGE LANGUAGE IN SECTION II OF THE ORDINANCE FROM “ANY MAYORAL APPOINTMENT” TO “ANY MAYORAL APPOINTMENT OR APPOINTMENT FROM ALTERNATE TO REGULAR MEMBERSHIP” MOTION CARRIED MOTION BY ALDERMAN CHASSE TO TABLE O-14-014 MOTION CARRIED PUBLIC COMMENT - None REMARKS BY THE ALDERMEN - None POSSIBLE NON-PUBLIC SESSION - None ADJOURNMENT MOTION BY ALDERMAN SIEGEL TO ADJOURN MOTION CARRIED The meeting was declared closed at 7:29 p.m. Alderman Michael Soucy Committee Clerk