Personnel/Administrative Affairs Committee

PERSONNEL/ADMINISTRATIVE AFFAIRS COMMITTEE SEPTEMBER 28, 2015 A meeting of the Personnel/Administrative Affairs Committee was held on Monday, September 28, 2015, at 7:00 p.m. in the Aldermanic Chamber. Alderman Paul M. Chasse, Jr. presided. Members of the Committee present: Alderman June M. Caron Alderman Ken Siegel Alderman Michael Soucy Alderman Sean McGuinness Also in Attendance: Mayor Donnalee Lozeau Alderman David Schoneman PUBLIC COMMENT Mr. Bob Keating, 5 Colburn Woods In the wisdom and the spirit of a recently departed American sports hero and humorist, Yogi Berra that it’s de- ja-vue all over again. The first concern is what impact the ordinance would have on the on-going request for funds that have been going on in this community for years. Just today I counted money that our church, The Unitarian Universalist which was part of their Sunday collection and as a result of the impact of the firefighters had and especially about their on-going work and their work about the warm coats program. We approached them and I asked if we could raise the money and we donated all of the money from our collections in the month of September and just yesterday we had about $900.00 that were collected for the Firefighter’s Association Warm Coat Program which is money to give coats to kids in need in our community. Our concern is that if this ordinance goes into effect as it had been proposed that it would make it more difficult for the firefighters and hence that this money would not be supplementary but more likely to be a primary source. That’s the first piece. The second is yesterday the editorial in the Telegraph spoke about their concern about a report that had just been released about debtor’s prison in New Hampshire showing that there was an unequal impact about fines and people were going to jail as a result of their inability to pay fines. The concern here is that I don’t know how many people might be fined by this but since the vast majority of panhandler’s are poor and to have what I would call a differential impact if we had such an ordinance passed. Again, in the spirit of the article of the report I think it’s the concern about criminalization of essentially being poor. I want to wrap it up by turning back again to Yogi Berra who said “it’s not over until it’s over” and I want to suggest that this has been voted on and tabled a couple of times. We’ve had some good natured banter about whether this would be brought forth given what the people would be present in terms of voting for it. I would suggest that it’s been vetted and you might have the right to do it and I don’t think there’s any question about that but is it the right thing to do to continue to look to see if there’s enough votes to put the ordinance in. I would say declare it over and if there is a desire then bring it back in the new legislative season come 2016. That would be my request. Thank you. INTERVIEWS Board of Registrars Susan A. Waye (New Appointment) Term to Expire: December 31, 2016 Mayor Lozeau This evening I begin with the Board of Registrars and I introduce you to the lady on my left, Susan Waye, who you make recognize as she had worked for the city for quite some time as the city’s deputy registrar and so she has a significant amount of experience in this field. We have a three member Board of Registrar’s and Personnel & Admin. Affairs 9-28-15 Page 2 one of them has submitted her resignation. Right away I had a conversation with our out-going City Clerk and our incoming City Clerk to ask them if they knew of anybody that they thought would be great for this position and both of them immediately came up with Mrs. Waye’s name for my consideration and your consideration for this position and I’m thrilled to have somebody who worked for this city for just over ten years and has a lot of experience and has a great work ethic and a willingness to serve and we really appreciate it so I present for your consideration her candidacy for this Board. Chairman Chasse Mrs. Waye, would you like to say anything? Mrs. Susan Waye Thank you, Mayor Lozeau. As the Mayor said, I did work for the City Clerk’s office for about ten years. I was a Deputy Voter Registrar and was in charge of maintaining the voter registration list and keeping it up-to-date for the elections as well as the absentee ballots, printing the check lists, setting up the registrar’s for same day voting registration at the polls. After the elections were done we had to enter all of the information into the computer. When I started it was a city system and we had to physically enter everything. At one point in time Mike Roy designed the scanning system to enter the information. Then we worked the state on the Election.net system and since I’ve retired in 2008 I’ve been working in Ward 6 as a voter registrar for every election. I think I have a good grasp on what is involved and I worked with Pat Lucia who is on the Board and I know Kathy Vogel also. Alderman Caron Thank you for volunteering. You couldn’t ask for a more dedicated and responsible person to put on this Board. Sue and I go back a long way. When it comes to elections you need someone that really has a desire to be there and working very diligently because it is a long process and it makes for long days. She will make a great addition to that three member Board. Alderman Siegel I would like to echo Alderman Caron’s comments. Thank you for stepping up, I appreciate it. Alderman McGuinness I appreciate that you really wanted the job. Alderman Soucy I might as well join in, ditto, ditto, ditto! Thank you. Chairman Chasse Seeing you are in my ward I am really happy that you do a great job so that no one calls the Aldermen and says there was a mess up at the polls. Thank you for your willingness to serve and we will take up your nomination in a few minutes. Historic District Commission Steve Edington (New Appointment) Term to Expire: August 1, 2018 Mayor Lozeau I would like to introduce you to Reverend Steve Edington who was recommended by the current Chairman of Personnel & Admin. Affairs 9-28-15 Page 3 the Historic District Commission. I generally will remind Chairmen that they don’t get to pick the members on the committee because that tends to concern me but in this instance I thought Mr. Sampson really had a great idea of someone that does not live in the Historic District but has spent some time there as the former Reverend of the Unitarian Universalist Church. When I interviewed the Reverend I was interested to know that he really understands the balance of a Historic District in today’s times when people want to make changes or improvements to their property yet still need to do it in a responsible manner to mimic the importance of the Historic District Commission. I am sure that he will do a great job and be willing to spend the time and I am grateful that he was willing to serve. Reverend Edington I appreciate the nomination. As the Mayor mentioned I moved to Nashua in the summer of 1988 when I was called to be a minister at the Unitarian Universalist Church. I concluded my ministry there in the spring of 201 but continue to reside in Nashua on Vespa Lane. I don’t live in the Historic District Commission but the church I served for 24 years was there and there were a few times that we were making some adjustments to the church and the building which required coming before the Historic District Commission for their permission to do that and I was very pleased to be a part of that process. When Bob Sampson approached me about joining the Historic District Commission I was glad to do so. I sat in on their August meeting to familiarize myself with their process and feel it is something I could work well with and with your approval I would look forward to working with the other members of the Historic District Commission. Alderman Siegel Thank you for volunteering and it’s nice to have a little perspective from outside the Historic District also. Alderman Caron I think it’s wonderful when we can get people of your caliber to volunteer. Thank you. Chairman Chasse I think this is a good appointment and thank you for your willingness to serve and we will take up your nomination in a few minutes. Nashua Arts Commission Tracy Hatch (New Appointment) Term to Expire: September 1, 2018 Mayor Lozeau I think most of you might recognize Tracy Hatch as she is a long-time member of the community and former member of the Board of Aldermen and also our newest President of the Nashua Chamber of Commerce. The Art’s Commission is made up of a cross section of people and having the Chamber of Commerce at that table I think is very important because of the economic benefits the arts have to the community and vice versa and so I was thrilled to learn that Tracy jumped at the chance to serve in that capacity. Her experience is very deep in this community and I’m sure that she will add a perspective that is very valued by the other members of the commission so I am happy to bring her before you this evening. Ms. Hatch I am not an artistic person myself so when the Mayor offered me the opportunity to do this and to have a way to give back to the community and get more involved that was huge for me. Personally and I think professionally as well there is a perception that the art’s and business don’t necessarily go together that well and yet from my perspective they really do, it’s hard to have a vibrant and thriving community in the city without having the arts be front and center of that. I am excited about the opportunity to be able to play a role Personnel & Admin. Affairs 9-28-15 Page 4 in promoting and supporting the arts in Nashua. Alderman Siegel Ms. Hatch, you have a very busy schedule and I appreciate your doing this. I think it does make sense to have some business representation on the Art’s Commission. Alderman McGuinness I just noticed that you were a former Alderman and that you ran for Mayor. Ms. Hatch Yes, I did, twenty years ago. Alderman McGuinness I also see that you worked for the Nashua Bank. Did you work for them or as a contractor? Ms. Hatch I was an employee, it’s a great organization. Chairman Chasse We will take up your nomination in a few minutes. Review & Comment Commission Teresa Barr (New Appointment) Term to Expire: December 31, 2016 Mayor Lozeau When I was last here to put a member on the Review and Comment Commission I made the mistake of assuming because she was so involved with Summer Fun and everything else that she had been volunteering for Review and Comment and was wrong. On the other hand, the candidate here this evening, Teresa Barr, has for the past three years has been volunteering on Review and Comment and I believe that her interest and her knowledge base of the organizations that Review and Comment interviews and contributes city funds to will be very helpful in making decisions as it relates to Review and Comment. I am thrilled that she was willing to step up to the added responsibility of playing a role as a Commissioner instead of a volunteer. With that, Mr. Chairman, thank you for the opportunity to bring her in this evening. Ms. Barr I’ve lived in Nashua for 17 years and worked with non-profits and I like to think that some of the non-profits from working in the high school I’ve been a fly on the wall so I’ve seen a lot of great workers. I can’t express the importance of what these people do. I’ve worked with June and it’s just a pleasure to be here and I want to thank you. Alderman Caron Teresa, thank you because another person sitting with the commissioners is going to be a great help because as you know, we made a lot of changes this year for applications and for agencies to be a little bit more accountable so with your being part of the Review and Comment Commission on the other side this is going to be an added bonus for us so I really appreciate that you are willing to step up and help the other five of us. Personnel & Admin. Affairs 9-28-15 Page 5 Alderman Siegel I’d like to echo Alderman Caron’s comments. I appreciate it because there’s a lot of work that happens in Review and Comment and most people aren’t aware of what it is and it is a lot of work that takes a lot of thoughtful consideration. Chairman Chasse Thank you for your willingness to serve and we will take up your nomination in a few minutes. Zoning Board of Adjustment Mariellen MacKay, Alternate (New Appointment) Term to Expire: October 1, 2018 Mayor Lozeau Mariellen was appointed to the Historic District Commission, she’s been appointed to the Nashua Housing Authority and when I was chatting with her the other day on a matter of city business she said “I understand that you are looking for alternate members for the Zoning Board of Adjustment and if you need me I would be happy to serve.” I said are you serious? It’s one of the hardest Boards, Planning and Zoning are the two hardest Boards to find people that are willing to take on that significant commitment. To have someone willing to that makes me very grateful. Mariellen also serves on the State Building Code Committee and so a lot of what she is doing now really actually fits in nicely with the ZBA, the Housing Authority and kind of what is going on in that world, the building code information and the people that she meets and hears there as well as the Historic District Commission and I am excited that she is willing to serve. I can attest to her work ethic. If you look at her resume you can tell that she is accustomed to doing many things at a time and I can tell you that she’s done them very well. I first met her back in the early 80’s when she was involved with the foster care system. I am thrilled that she is willing to serve in this capacity. Ms. MacKay Having known our Mayor for many years it’s easy to say yes. I am now on the State Building Code Review Board which is different and I figured it kind of fit in with the Zoning Board as the Housing Authority and the Historic District. I enjoy what I do and I like to learn which is why I agreed to be the representative on the BCRB for the Governor’s Commission on Disability. I went on the Architectural Barriers Committee for the same reason because there are things that I don’t know and things I would like to learn and in that capacity I would like to share my experience and gain more knowledge and that’s why I would like to join this Board. Also having lived here since 1983 and my husband having been born in Nashua I feel it’s my civic duty to give back. I thank you for the opportunity. Alderman Soucy I just wanted to express my gratitude. You sound like you are very busy; you are truly one of those people that you can fit in that category of 20% of the people that do 80% of the work. Alderman Siegel I would like to express my gratitude as well. Alderman Schoneman I’ve known Mariellen and Vernon for a few years and I share the opinions that were expressed here. I think her commitment to serving the state and the people of the City of Nashua is great and her enthusiasm for doing that is outstanding and I certainly support her nomination here. Personnel & Admin. Affairs 9-28-15 Page 6 Chairman Chasse Have you been to any Zoning Board meetings? Ms. MacKay No but I watch them on T.V. and they are very interesting and long. Chairman Chasse Thank you for your willingness to serve and we will take up your nomination in a few minutes. COMMUNICATIONS - None APPLICATION TO LICENSE HAWKER'S, PEDDLER'S, ITINERANT VENDOR'S LICENSE - None APPOINTMENTS BY THE MAYOR MOTION BY CHAIRMAN CHASSE TO RECOMMEND THE CONFIRMATION OF THE FOLLOWING APPOINTMENTS BY THE MAYOR: TO THE BOARD OF ASSESSORS: ALTERNATE MARY LOU BLAISDELL, FOR A TERM TO EXPIRE APRIL 24, 2018; TO THE BOARD OF REGISTRARS: SUSAN A. WAYE, FOR A TERM TO EXPIRE DECEMBER 31, 2016; TO THE BUSINESS & INDUSTRIAL DEVELOPMENT AUTHORITY: JASON B. HAVILAND AND CAMILLE PATTISON FOR TERMS TO EXPIRE SEPTEMBER 30, 2018; TO THE CONSERVATION COMMISSION: SHERRY DUTZY AND RICHARD GILLESPIE FOR TERMS TO EXPIRE DECEMBER 31, 2018; TO THE HISTORIC DISTRICT COMMISSION: STEVE EDINGTON FOR A TERM TO EXPIRE AUGUST 1, 2018; TO THE NASHUA ARTS COMMISSION: TINA CASSIDY AND TRACY HATCH FOR TERMS TO EXPIRE SEPTEMBER 1, 2018; TO THE REVIEW & COMMENT COMMISSION: TERESA BARR FOR A TERM TO EXPIRE DECEMBER 31, 2016; AND TO THE ZONING BOARD OF ADJUSTMENT: JEAN-PAUL BOUCHER AND ROB SHAW FOR TERMS TO EXPIRE: SEPTEMBER 11, 2018; AND ALTERNATE MARIELLEN MACKAY FOR A TERM TO EXPIRE OCTOBER 1, 2018 MOTION CARRIED UNFINISHED BUSINESS – None NEW BUSINESS – RESOLUTIONS – None NEW BUSINESS – ORDINANCES O-15-069 Endorsers:Alderman-at-Large David W. Deane Alderman-at-Large Lori Wilshire Alderman Michael Soucy AMENDING CERTAIN MOTOR VEHICLE ORDINANCE FINES AND REQUIRING MOTOR VEHICLE OWNERS TO PAY TOWING FEES MOTION BY ALDERMAN SOUCY TO RECOMMEND FINAL PASSAGE ON THE QUESTION Chairman Chasse The towing company is looking for a small increase. Personnel & Admin. Affairs 9-28-15 Page 7 Alderman McGuinness Do you know how much they are asking for? I know it’s modest. Chairman Chasse It’s on my desk. Alderman Siegel Just to be clear it isn’t just about raising fees, it’s allowing the recovery of fees for motor vehicle owners. It’s to align the statute with the desire of a previous ordinance. MOTION CARRIED TABLED IN COMMITTEE Appointments by the Mayor Zoning Board of Adjustment Kathryn Vitale (Moving from Alternate to Full Member) Term to Expire: September 11, 2018 8 Massasoit Road Nashua, NH 03063  Tabled 6/29/15 Resolutions R-15-136 Endorsers: Alderman Ken Siegel Alderman Michael Soucy Alderman-at-Large Jim Donchess Alderman David Schoneman Alderman-at-Large David W. Deane Alderman Sean M. McGuinness ESTABLISHING THE PERMITTED LOCATION FOR THE OUTDOOR DINING PERMIT FOR THE CITY ROOM CAFÉ  Tabled – 6/2/15 Ordinances O-14-017 Endorser: Mayor Donnalee Lozeau ADOPTION OF AMENDMENTS TO MERIT EMPLOYEE RULES AND REGULATIONS EFFECTIVE JULY 1, 2014  Amended & Tabled 4/21/14; Referred to Budget & Tabled – 6/29/15 Personnel & Admin. Affairs 9-28-15 Page 8 MOTION BY ALDERMAN SOUCY TO TAKE FROM THE TABLE O-15-046 MOTION CARRIED O-15-046, Amended Endorsers: Alderman Michael Soucy Alderman David Schoneman Alderman Sean M. McGuinness Alderman Ken Siegel Alderman-at-Large Lori Wilshire PROHIBITING THE PASSING OF OBJECTS TO OR FROM THE OCCUPANT OF A MOTOR VEHICLE ON A ROADWAY  Re-Referred – 6/9/15; Tabled 6/29/15 MOTION BY ALDERMAN SOUCY TO AMEND O-15-046 ON THE QUESTION Alderman Soucy There are a couple of things that I think needed to be done to make it a little easier for the Nashua Police Department and to tighten up some language. When we go to §320:22, Distributing or Receiving Objects to or From the Occupants of a Motor Vehicle, §B-1; all I am doing there is that I am adding the word “travel” so it will be “No Person Shall Distribute any Object to or Receive any Object From or Exchange any Object with the Occupant of a Motor Vehicle when the Vehicle is Located in the “Travel” Portion of the Roadway. The reason why I want to add a “Travel” portion of a roadway is that I just want to make it clear that it’s not a parking spot in the roadway; it’s the vehicle in the travel portion of the roadway, which in fact would be the area of the roadway which would disrupt the free flow of traffic. Alderman Caron Is that the only change you are making? Alderman Soucy I am going to make two more. Chairman Chasse We will do them one at a time. MOTION CARRIED MOTION BY ALDERMAN SOUCY TO FURTHER AMEND §B-5 BY DELETING THE WORDS “SUCH AS STREET FAIRS AND PARADES” TO READ THIS SHALL NOT APPLY TO ANY CITY PERMITTED EVENTS WHEN THE ROADWAY HAS BEEN CLOSED TO REGULAR MOTOR VEHICLE TRAFFIC MOTION CARRIED MOTION BY ALDERMAN SOUCY TO FURTHER AMEND §C ANY PERSON VIOLATING THIS SECTION SHALL BE FINED AS FOLLOWS: THE OFFENSE WILL HAVE A FINE OF NOT MORE THAN $500.00 Personnel & Admin. Affairs 9-28-15 Page 9 ON THE QUESTION Alderman Soucy The reason why I want to by-pass the warning is because it will make it easier for the police department to not have to track it so if they ever do have to write a violation one of the elements that they are going to have to prove for the violation is on such and such a date so and so was warned for this. This can be easily accomplished, taking this out and in fact it’s probably ethically and morally right for a police officer, when they see somebody standing in the middle of the road whether it’s the firefighters or a panhandler or someone with a sign to approach them and just introduce themselves and say hay look you may not understand the law, we are not going to remove you, you can stay here with the sign and you have a First Amendment right to hold that sign and you have a right to be here, however, advise them of the exchange and distributing any objects from a vehicle. That in the nutshell will serve as a warning. Being a retired police officer myself, we always had wide discretion if we were going to violate somebody or just issue a warning. Every time we had speeding or stop sign violation, not everyone gets a ticket. We looked at the history and I think that’s going to happen here to. To make it an easier flow with the police department with paperwork and more easily enforceable I would like to take the warning out. So you would have to delete the second and subsequent offenses because it’s just going to be a fine of not more than $500.00. MOTION BY CHAIRMAN CHASSE TO FURTHER AMEND THE FINE OF NOT MORE THAN $500.00 TO NOT MORE THAN $50.00 ON THE QUESTION Chairman Chasse If it’s a person that’s out there panhandling they don’t have $500.00 in their pocket. I think the $50.00 would work just as well as the $500.00. Alderman Soucy Thank you, Alderman Chasse and I get where you are coming from but when you say a fine of not more than $500.00; this gives the judge some discretion. If that person does show up before the judge, the judge may say looking at this situation it is $25.00 or filed without a finding so if you come back it can be up to $500.00. I would not support that amendment. Chairman Chasse I don’t want to be putting homeless people in jail. I don’t want to see them going to court because the courts are jammed packed now and this is trivial. I think the $50.00 will be a deterrent enough to say I’m not going to be out there panhandling and that’s what we are trying to do. Alderman Soucy No, we are not trying to stop the panhandling, that’s a fruit but we are trying to stop the free flow of traffic. I’m not sure $50.00 is going to stop somebody. I guess the biggest point that I want to make is that nobody goes to jail on a violation; it’s not within the statutes. A violation is simply a violation of law and not a criminal offense. Almost all violations are up to the $500.00 level or the $1,000.00 level. I am confident for the most part that when someone is aware of this law that we may never have to enforce it. Chairman Chasse What happens if the individual goes in front of the judge and he gets the $500.00 fine? If he can’t pay the fine what happens? Personnel & Admin. Affairs 9-28-15 Page 10 Alderman Soucy I’m not sure on that one but you can’t go to jail on a violation. Alderman Siegel I support Alderman Soucy on this. This allows the judge very wide latitude but putting any absolute fine on it says if you get this you are going to pay the $50.00. It’s possible the judge might decide on less. MOTION BY ALDERMAN CHASSE TO WITHDRAW HIS AMENDMENT Chairman Chasse Okay the motion on the floor by Alderman Soucy is to further amend §C by saying any person violating this section shall be fined as follows: The offense will have a fine of not more than $500.00 MOTION CARRIED MOTION BY ALDERMAN SOUCY TO RECOMMEND FINAL PASSAGE AS AMENDED ON THE QUESTION Alderman Soucy First of all I’d like to thank Mr. Bob Keating for coming in here. He’s been very passionate about this and has expressed three concerns about this and I’m going to address those for you. The first thing that I am hearing is that it’s a war on poverty. I’m going to say this, if you believe it’s a war on poverty in my opinion you are being naïve. Most of the people that we have identified out there are not impoverished. Bishop Jefferson from the New Life Church are out there and this is a church that’s been out there with their official nametags around their neck showing them to vehicles walking up and down the street and on the can it states “for the children.” Your money is going back to Tampa, FL. This church has been indicted and charged and found guilty for food stamp fraud. The money goes to Bishop Melvin Jefferson and Tampa. It’s not a war on poverty and if you believe that these people are poor, is this how we treat our poor that we are going to regulate them to spend the rest of their productive lives standing on a street holding a cardboard sign or we can identify who they are and offer them the much needed help that some of them may require so they can become productive citizens who are paying taxes and holding down a job. I did meet with the ACLU and addressed their concerns. Their primary concern that they had was that we need to treat this fairly and with everybody equal whether you are a panhandler, firefighter or religious organization. One of the other big arguments I am hearing is why are we going after the panhandler’s or the firefighters or anybody standing out there, we should be ticketing the vehicles. This ordinance should have a section on this about the violation of the vehicle stopping in the road. The reason why I have chosen not to put that in there is because there is already a state law 265-3-B Avoidance of Lane Blockage in which it states that a vehicle cannot stop in the middle of a travel lane for the purposes of soliciting or whatever, so that law is already there. However, it has been suggested that we go after the vehicles instead of the panhandlers or anybody else. Let’s put that theory into practice – a vehicle stops in violation of the state law and could be ticketed and the officer goes after the vehicle and writes a ticket and three minutes later another vehicle stops and ten minutes later another vehicle stops and so on and so on and so on. It’s like if your kid comes home from school sick then you address that issue, you treat him and then another kids comes home sick and then a third and a fourth and forty kids come home sick, we are not getting anyplace. It’s time to stop the root cause of the kids coming home sick. It might be the mold in the school; in this case, it’s the person who is soliciting vehicles to stop. If you make that person stop their behavior then you have stopped the larger portion of all of the vehicles coming by. Some will suggest that it’s already a state law 265:40 about pedestrians soliciting rides, business and money. 265:40, yes that is law but the law in the language states No Person Shall Stand on the Travel Portion of a Roadway. It addresses the travel portion of a roadway and Personnel & Admin. Affairs 9-28-15 Page 11 not median’s, sidewalks, yards or anything else. That law does not effectively handle the situation. School lunch, ice cream stands, lemonade stands, and ice cream trucks; if they are legally parked it’s clear in the law that if a vehicle is in a legal parking spot then they can exchange an item. It’s just about being in the travel portion like we see on Daniel Webster Highway, Amherst Street. An example is if a vehicle is coming down Kinsley Street and somebody is holding a sign, if they pull into a legal parking spot and they make an exchange there is no violation of the law. We are trying to get vehicles out of the travel portion of the lane. There’s no constitutional right to conduct business there. The only group that I have identified out there that’s legitimate and doing a very worthwhile charity are the firefighter boot drives however, they now realize, I’ve been in contact with the union president, that the way they have been conducting business in the past, they have been in the middle of the road, they are already in violation of 265:3-B and they can’t do that. State law trumps any ordinance that we do here. President McAllister and I spoke and he’s aware of it and he indicated that the union is not going to come out against this ordinance knowing that and they have alternative methods of raising money so the Fire Department is no longer a concern. Lastly I just want to indicate that Rochester, NH just passed similar legislation with almost identical language and that became effective on September 1, 2015. This is a safety issue and it will keep the free flow of traffic for safety. The fruits are that we will get rid of the fraudsters, yes they are going to have to go; Bishop Melvin Johnson needs to take his crew and go back to Tampa. The last poll that I have seen on this from our citizens was conducted by the Nashua Patch on April 23, 2015, and 87.23% of people polled were in favor of this legislation. Nobody gets 87% of anything anymore, this is a significant majority of the people that want this and I’m proud to be their sponsor and I am proud to be their voice. I am proud to make the fraud go away and I’m proud that the safety issue is going to be there. The concerns that Mr. Keating brought up; the fire fighter issue is no longer an issue because they are not going to be able to do it. If they don’t want to pay a fine then don’t it. For every action in life if we do something there is a consequence. This is not a criminal offense and if you get caught and the judge decides to give you a $10.00 fine because you have no money, you are not convicted of anything, it’s just a violation. With the arguments that I have made I hope that I have convinced the majority of you to bring this to the full Board and move on and get this very important piece of legislation passed. Thank you. Alderman Caron Alderman Soucy, I like what you had to say but here’s my concern; you just talked about a group church soliciting but they weren’t on the side of the road they were literally in the road. Where was our law enforcement? Why weren’t they out there? You talk about this being a safety issue but if our law enforcement doesn’t deal with those people that are in the road, and that includes the Fire Department, they have been getting away with this for a long period of time. As Alderman Chasse says, you may not have $50.00 to pay the fine and the judge lets them go through, do you really think that is going to keep them from going right back out there or going to another location to hold their sign? The other thing is that we are getting these concerns about downtown and how aggressive people are downtown when asking you for money. They literally follow you. Is that going to force all of these people to go to the downtown? I’m not saying that we shouldn’t do something but I think it has to be a two-way street. Those people that are driving, I mean I feel bad too but I don’t stop in the road to give them anything. I think we need to educate the drivers of the vehicles to not do this as well. When you take out that section about a warning for the first offense, a police officer really has the discretion to keep warning you before he starts ticketing you so I don’t know how effective this is going to be in the long-run. If it passes and we see some results then that’s fine. Concord has one and I’m told they don’t go away they just go someplace else and then they come back. I applaud you because you have been working on this for a long time. Someone called me today about Chicago’s panhandling law and they require a permit to hold a sign. You haven’t convinced me and I will vote no. I don’t think it’s working both sides of the coin. Alderman Chasse The panhandling that we have downtown is totally different than this particular ordinance because this is traffic and the other is pedestrians. That’s another problem. Let’s get this passed and you can amend it later. Personnel & Admin. Affairs 9-28-15 Page 12 Alderman Soucy Thank you Alderman Caron, your concerns are valid but one of the things that you brought up was where the police department was when these organizations were in the street. Well, there’s a myriad and tons of laws and this law was in the dark if you will, people just saw the good. The proposed ordinance has brought this issue to light and it also brought the state issue to light so now the police will be enforcing the law. We talk about education and that’s key but it’s easier to educate the eight to nine panhandlers than 2 million vehicles throughout the state that might drive here. You are right about the aggressive panhandling downtown as Alderman Siegel and myself have been victims. It’s a very complicated issue downtown and the ACLU will get involved with something like that. The reason why this ordinance is being proposed is because it did well in Concord. This seems to be the new way of addressing an issue without violating anybody’s First Amendment rights. Alderman McGuinness I just want to say from my personal experience in talking with many people around Nashua is that the poll that Alderman Soucy is citing, 87% has got to be spot on accurate. I think the people of Nashua want this. MOTION CARRIED MOTION BY ALDERMAN CHASSE TO TAKE O-15-038 FROM THE TABLE MOTION CARRIED O-15-038 Endorsers: Mayor Donnalee Lozeau Alderman-at-Large Daniel T. Moriarty Alderwoman Pamela T. Brown AMENDING THE COMPOSITION OF THE CABLE TELEVISION ADVISORY BOARD  Tabled – 3/16/15 ON THE QUESTION Alderman Moriarty I was interested in discussing O-15-060; the Parking Meter Ordinance to Permit the use of Meter Bags for Weddings. Chairman Chasse It’s not on the agenda. Alderman Moriarty I know. MOTION BY ALDERMAN CHASSE TO RETURN O-15-038 TO THE TABLE MOTION CARRIED Alderman Soucy I don’t have that on the agenda and before I make a decision I would have liked to have pulled that legislation out to review it further. Personnel & Admin. Affairs 9-28-15 Page 13 Chairman Chasse I’m sorry Alderman Moriarty, I guess we are not going to handle it tonight because it’s not on the agenda and some of the people on the committee want to review it. Alderman Siegel May I ask if there is a sense of urgency that requires the committee to address it at this time? Alderman Moriarty The wedding season at this point is probably over but there was a wedding last weekend so we kind of had to look the other way in order to accommodate them. The fact that it’s not on the agenda; it should have been there because anything that gets tabled goes on the agenda. It must have been an administrative oversight. Chairman Chasse It was just referred to us it was never tabled, wasn’t it? Alderman Siegel Was it actually referred to us and not Infrastructure? Alderman Moriarty It was this committee. About a month ago this was referred to the Personnel/Administrative Affairs Committee and I came here and Alderman McCarthy happened to be here that day and what I had mentioned is that the purpose of O-15-060 is what they currently do for funerals is you talk to the Transportation Department manager and you ask for a meter bag and you bag the meter and that way you can reserve a spot. The churches do this on Main Street. One of the churches, Reverend Odie from the Church of the Good Shephard, asked me if I could amend this so they can add the words “for weddings” because there was no contingency for weddings and they had been doing this for decades. He says it’s been done even before he was there. Alderman McCarthy then mentioned that there were some issues behind the scenes that I didn’t know about and so we tabled it. Chairman Chasse I think that went to Infrastructure and not to us. Maybe Ms. Lovering can send an e-mail out and tell us if it belongs in this committee. Alderman Caron I have all of the Personnel agendas and there’s nothing here. Alderman Moriarty Thank you for trying to accommodate me, Alderman Chasse, I appreciate it. DISCUSSION - None PUBLIC COMMENT - None REMARKS BY THE ALDERMEN - None Personnel & Admin. Affairs 9-28-15 Page 14 POSSIBLE NON-PUBLIC SESSION ADJOURNMENT MOTION BY ALDERMAN CARON TO ADJOURN MOTION CARRIED The meeting was declared closed at 8:04 p.m. Alderman Michael Soucy Committee Clerk