City Council

HEARING BEFORE THE CITY COUNCIL, MARCH 8, 2004 Hearing opened at 7:02 P.M. with Councilor Marchand, Chair of the Legal Affairs Committee presiding. All members were present except Councillor Freda. The following PETITION was the subject of the hearing. 88-04 Dean VivoAmore and Gary Hier: Rezone from 301 Lancaster Street to Marguerite Avenue as shown on Assessors Map 484. lots 8 & 9 from Business B to Commercial. Ms. VivoAmore, 305 Lancaster Street spoke in support. She said she was representing her brother, Dean VivoAmore. Ms. VivoAmore said that her family has been living there for five generations and she lives there with her two children ages nine and one. She said her grandfather raised nine children there and there has always been commerce at that location. She said that her family is not looking to put in any adult book store, as reported but are looking for a business such as a small financial institution which would close at 5:00 P.M. to locate there. Ms. VivoAmore said there is ample parking and they are looking for a company such as a financial institution that will provide good paying jobs. She said that after being there 100 years, her family is not looking to put anything that would be detrimental to Lancaster Street. No one spoke in opposition. No cCouncilors spoke. HEARING ADJOURNED: 7:12 P.M. Ann B. Mahan, City Clerk and Clerk of the City Council HEARING BEFORE THE CITY COUNCIL, MARCH 12, 2004 Hearing opened at 7:32 P.M. with Councilor Nickel, Chair of the Public Service Committee presiding. All members were present except Councillor Freda. The following PETITION was the subject of the hearing. 91-04 Massachusetts Electric Company and Verizon New England, Inc.: Danielle Drive: Install one jointly owned pole on Danielle Drive beginning at a point approximately 320 feet west of the centerline of the intersection of Evergreen Drive. Larry Skylor, representing Massachusetts Electric Company spoke in support. He said this pole would provide service to a new home located on Danielle Drive. No one spoke in opposition. HEARING BEFORE THE CITY COUNCIL, MARCH 12, 2004, continued No Councillors spoke. HEARING ADJOURNED: 7:34 P.M. Ann B. Mahan, City Clerk and Clerk of the City Council REGULAR MEETING OF THE CITY COUNCIL, MARCH 8, 2004 Meeting called to order at 8:04 P.M. Attendance was taken by a roll call vote; all members present. The Committee on Records reported that the records were examined through February 9, 2004 and found to be in order. The records were accepted. A motion to recess was GRANTED to continue the informational meeting and hold a public forum. Vt. 8/1; Councillor Rosa opposed Meeting reconvened at 8:48 P.M. The following COMMUNICATIONS were received, referred to the FINANCE COMMITTEE and given REGULAR COURSE. C-65 Relative to the appropriation of $5,000.00 to the Conservation Commission Expense Account; same to be transferred from the Wetland Fees Reserved for Appropriations Account. C-66 Relative to the appropriation of $12,000.00 to the Sanitation/Drainage Expense Account; same to be transferred from the Excess and Deficiency Account. C-67 Relative to the appropriation of $45,000.00 to the Unemployment Expense Account; same to be transferred from the Excess and Deficiency Account. The following COMMUNICATION was received, referred to the WAYS & MEANS COMMITTEE and given REGULAR COURSE. C-68 Relative to the appropriation of $618,000.00 to the following accounts for the Year 30 Community Development Block Grant. (Ways & Means) 1. Leominster Board of Health – Code Enforcement $ 60,000.00 2. Office of Planning & Development Economic Development Program 61,700.00 3. Office of Planning & Development 219,000.00 Housing Rehabilitation Program (Includes $10,000 for Elder Rehab Services) 4. Office of Planning & Development Planning & Administration 123,600.00 5. Office of Planning & Development Storefront Improvement Program 27,936.00 6. Department of Public Works Core Area Paving Project 26,500.00 7. Recreation Department Core Area Playground Improvements 6,564.00 8. Battered Women’s Resources Inc., -Emergency Services 5,000.00 9. Brady’s Educational Services 1,800.00 10. Community Healthlink/The Lipton Center Outpatient Mental Health Services 1,500.00 11. Kennedy-Donovan Center/Beacon of Hope Respite Services 10,950.00 12. Leominster Housing Authority – Allencrest Learning Center 1,000.00 13. Mayor’s Office – Energy Assistance Program 1,500.00 14. Police Department – Drug Suppression 1,900.00 15. Leominster Youth Center – Boys & Girls Club of America 10,000.00 16. Recreation Department Financial Assistance for Summer Youth Programs 600.00 17. Montachusett Addiction Council 3,350.00 18. Montachusett Home Care Corporation Elderly Safety Taskforce 2,050.00 19. Montachusett Interfaith Hospitality Network Interfaith Network 5,800.00 20. Multi=Service Center, Inc. – for Your Health 10,000.00 21. Multi-Service Center Inc. – Project Youth 500.00  REGULAR MEETING OF THE CITY COUNCIL, MARCH 8, 2004, continued 22. Spanish American Center 13,600.00 Kids for Kids (Ninos para Ninos) (Total for all SAC proposals) 23. Spanish American Center – Community Outreach Worker (Information & Referral) Included above 24. Spanish American Center – Summer Fun (Verano Alegre) Included above 25. Twin Cities CDC – Business Assistance Center 1,000.00 26. Veterans Hospice Homestead – Hero Homestead 8,500.00 TOTAL $618,000.00 The following PETITION was received, referred to the PUBLIC SERVICE COMMITTEE and given REGULAR COURSE. A hearing was set for March 22, 2004 at 7:40 P.M. Vt. 9/0 93-04 Massachusetts Electric Company and Verizon New England, Inc.: Sampson Avenue: Install one jointly owned pole on Sampson Avenue beginning at a point approximately 425 feet southeast of the centerline of the intersection of Leland Avenue. The following PETITION was received, referred to the PUBLIC SERVICE and LEGAL AFFAIRS COMMITTEES, given REGULAR COURSE and referred to the Health Department, the Mayor, the Department of Public Works and the Solid Waste Committee. 94-04 Maurice Lucier: Return to the city’s curb side pick up practices in place prior to October 13, 2003 where one half of the residential use code 111 properties were banned from participation, also make available to the public all of the possibilities considered and the figures used and their sources as used by the Solid Waste Committee and/or the Mayor for the current proposal. The following PETITION was received, referred to the WAYS & MEANS COMMITTEE and given REGULAR COURSE. 95-04 Richard M. Marchand: Endorse an effort to nurture a community wide water monitoring program which will consist of a team of volunteers known as the “Leominster STREAM Team”. The following PETITION was received, referred to the WAYS & MEANS COMMITTEE, given REGULAR COURSE and referred to the Mayor, the Department of Public Works and the Water Commission. 96-04 Richard M. Marchand: Request that a Citizenry Water Protection Action Guide be created through a collaborative effort of local environmental organizations, interested citizens and the Director of the Water Department, to be mailed annually with the municipal water bills. The following PETITIONS were received, referred to the WAYS & MEANS COMMITTEE, given REGULAR COURSE and referred to the Treasurer. 97-04 Kathleen A. Violette: Grant a transient vendors license for April 4, 2004 through May 15, 2004 for the sale of flowers and plants. 98-04 Fred R. Tousignant: Renew a second-hand dealers license for the premises located at 92 Pleasant Street. 99-04 Mark and Robyn Ellis: Renew a second-hand dealers license to sell used powerboats from the premises located at 646 Central Street. The following PETITION was received, referred to the WAYS & MEANS COMMITTEE, given REGULAR COURSE and referred to the Treasurer and the License Commission. 100-04 Mark Gordan, Gordon LaSalle Music: Renew the second-hand dealers license for the premises located at Twin City Plaza. 101-04 Aime Lemoine: Renew the license for one pool table at Seven R’s d/b/a/ A & R Double Inn, 166 Water Street. 102-04 Michael Sardellis: Renew the license for three pool tables at Chris’ Twins Café, 488 Lancaster Street. 103-04 William Plant: Renew the license for one pool table at J.C. Fenwicks Co., 37 Mechanic Street. Upon recommendation of the FINANCE COMMITTEE, the following COMMUNICATION was RATIFIED. Vt. 9 “yeas” Communication was Granted on February 23, 2004 as an emergency measure. C-58 Relative to the appropriation of $125,000.00 to the Snow and Ice Expense Account; same to be transferred from the Excess and Deficiency Account. Upon recommendation of the FINANCE COMMITTEE, the following COMMUNICATIONS were GRANTED and ORDERED. Vt. 9 “yeas” C-59 Relative to the appropriation of $149,000.00 to the Street Resurfacing Expense Account; same to be transferred from the Highway State Aid Reserved for Appropriation Account. REGULAR MEETING OF THE CITY COUNCIL, MARCH 8, 2004, continued ORDERED:- that the sum of One Hundred Forty Nine Thousand Dollars (149,000.00) be appropriated to the Street Resurfacing Expense Account; same to be transferred from the Highway State Aid Reserved for Appropriation Account. RE: monies are fully reimbursable through Chapter 90 State Aid Account for paving of city streets. C-60 Relative to the appropriation of $585,000.00 to the Damages Persons and Property Expense Account; same to be transferred from the Excess and Deficiency Account. ORDERED:- that the sum of Five Hundred Eighty Five Thousand Dollars ($585,000.00) be appropriated to the Damages, Persons and Property Expense Account; same to be transferred from the Excess and Deficiency Accuont. C-61 Relative to the appropriation of $40,000.00 to the Highway General Expense Account; same to be transferred from the Excess and Deficiency Account. ORDERED:- that the sum of Forty Thousand Dollars ($40,000.00) be appropriated to the Highway General Expense Account; same to be transferred from the Excess and Deficiency Account. C-62 Relative to the appropriation of $35,000.00 to the Snow and Ice Overtime Account; same to be transferred from the Excess and Deficiency Account. ORDERED:- that the sum of Thirty Five Thousand Dollars ($35,000.00) be appropriated to the Snow and Ice Overtime Account; same to be transferred from the Excess and Deficiency Account. Upon recommendation of the PUBLIC SERVICE COMMITTEE, the following PETITION was GRANTED. Vt. 9/0 91-04 Massachusetts Electric Company and Verizon New England, Inc.: Danielle Drive: Install one jointly owned pole on Danielle Drive beginning at a point approximately 320 feet west of the centerline of the intersection of Evergreen Drive. Upon recommendation of the PUBLIC SERVICE AND LEGAL AFFAIRS COMMITTEES, the following COMMUNICATION was given FURTHER TIME. Vt. 9/0 C-63 Dean J. Mazzarella, Mayor: Request that the following list of recommendations relative to the current trash disposal policies be accepted: 1. Two bags per week/per household accepted at the Transfer Station at no charge. 2. Leaves and yards waste accepted at no charge at the Transfer Station. 3. Recycling program to continue, as it presently exists. 4. Fee all remaining items that are not included above, rates to be determined by the City Council. Upon recommendation of the LEGAL AFFAIRS COMMITTEE, the following PETITION was GRANTED with conditions and exhibits. Vt. 8 “yeas”; Councillor Nickel abstained due to his absence at the public hearing. 82-04 Alton Day Stone, P.E., Alton Engineering for Walter Fiore: Grant a Special Permit for restoration of 250 linear feet of bank on Pierce Pond and 140 linear feet of intermittent stream; replication and restoration of 8,700 square feet of bordering vegetated wetland, replication of 4,000 square feet of bordering vegetated wetland and compensatory storage of 27,000 cubic feet of bordering land subject to flooding at 729 West Street, as shown on Assessors Map 262 as lots 43 & 44, located in the Flood Zone. Upon request of the LEGAL AFFAIRS COMMITTEE, the following PETITION was given FURTHER TIME. Vt. 9/0 92-04 Richard M. Marchand on behalf of Ten Registered Voters: Amend Chapter 22 of the Revised Ordinances entitled “Zoning” by amending Article VI, Section 22.41.5.4 “Water Supply Protection Use Regulations”; Article III, “Dimensional Regulations” Section 22.27.4 and Section 22.27.8 “General Requirements”. Upon recommendation of the CITY PROPERTY COMMITTEE, the following COMMUNICATION was GRANTED. Vt. 9/0 C-64 Dean J. Mazzarella, Mayor: Request the endorsement in conveying the property located at 50 Central Street. Upon recommendation of the WAYS & MEANS COMMITTEE, the following APPOINTMENTS were RATIFIED. Vt. 9/0; Appointments were CONFIRMED on March 22, 2004 as an emergency measure. Election Officers – 2003-2004 – Susan J. Sanguinetti, Kathleen Martino, Beverly Kenny, Joanne Anderson, Spyleos D. Regopoulos. Under New Business, Councillor Lanciani said that he would like to have a letter from the City Council sent to Diane Sanabria, Young Adult Service Coordinator at the Library congratulating her on her participation as a panelist at the 2004 Public Library Association Conference in Seattle, WA for a program entitled “Make Room for Teens” and for featuring and having the Library’s Robert Cormier Center for Young Adults picked as a model at the conference. Councillor Lanciani said that he would like to congratulate Councillor Freda on her achievement at National League of Cities Institute. Councillor Nickel said that he would like Councillor Freda to explain a little what that accomplishment entailed. REGULAR MEETING OF THE CITY COUNCIL, MARCH 8, 2004, continued Councillor Freda said that she attained her Platinum Level in December in Tennessee and was awarded her Ambassadorship. She said she is one of only eight in the country, and the only one in New England and she received this at a luncheon in Washington D.C. Council President Lanciani asked all the Councillors to sign a Certificate of Appreciation for Mr. Earley who is leaving his position as Veterans Director. MEETING ADJOURNED: 9:10 P.M. Ann B. Mahan, City Clerk and Clerk of the City Council