City Council

HEARING BEFORE THE CITY COUNCIL, APRIL 25, 2005 Hearing opened at 7:00 P.M. with Councillor Rosa, Chair of the Finance Committee presiding. All members present. The following LOAN ORDER was the subject of the hearing. Loan Order – Ordered that the sum of $250,000.00 hereby be appropriated for the cost of renovating, reconstructing and making extraordinary repairs to Doyle Field, and for the payment of all other costs incidental and related thereto, and to raise this appropriation, the Treasurer, with the approval of the Mayor, is authorized to borrow said amount under and pursuant to Chapter 44, Section 7 and 8 of the General Laws, or pursuant to any other enabling authority, and to issue bonds or notes of the City therefore, and to authorize and direct the appropriate officials of the City to apply for and accept any grants or gifts that may be available to the City on account of this project. Councillor Rosa read the following explanation from the Department of Public Works Director, Patrick LaPointe. “The money is reimbursable through the grant that we received through the Department of Conservation and Recreation for the Doyle Field Renovation Project. The Grant is for $250,000.00 which needs to be in place to qualify for the reimbursement. With the City putting up the money, we will be able to proceed with the project. The bleachers have been estimated to cost $380,000.00. Our reimbursement percentage is 68% and that would mean the entire $250,000.00 would be sent back to the city. Any other funding for the project will be from private donations. The fundraising for this project began last week.” Councillors Marchand, Lanciani, Freda and John Salvatelli all spoke in support. Councillor Rosa said that they are expecting some major donations for this renovation project. No one spoke in opposition. HEARING ADJOURNED:7:06 P.M. Ann B. Mahan, City Clerk and Clerk of the City Council REGULAR MEETING OF THE CITY COUNCIL, April 25, 2005 Attendance was taken by a roll call vote; all members present. The following COMMUNICATIONS were received, referred to the FINANCE COMMITTEE and given REGULAR COURSE. C-134 Relative to the appropriation of $14,000.00 to the Parking Meter Expense Account; same to be transferred from the Parking Meter Receipts for Appropriation Account. C-135 Relative to the appropriation of $15,000.00 to the Parking Meter Salary and Wages Account; same to be transferred from the Parking Meter Receipts for Appropriation Account. C-136 Relative to the appropriation of $20,000.00 to the I.T.T.F. Expense Account; same to be transferred from the Unemployment Expense Account. C-137 Relative to the appropriation of $2,000.00 to the Conservation Commission Expense Account; same to be transferred from the Conservation Wetland Fees Reserved for Appropriation Account. C-138 Relative to the appropriation of $5,000.00 to the Highway Sidewalk and Curbing Expense Account; same to be transferred from the Planning Board Salary and Wages Account. C-139 Relative to the appropriation of $10,000.00 to the Highway General Overtime Account; same to be transferred from the Snow and Ice Overtime Account. C-140 Relative to the appropriation of $7,500.00 to the Emergency Management Agency Expense Account; same to be transferred from the Emergency Reserve Account. The following COMMUNICATION was received, referred to the LEGAL AFFAIRS COMMITTEE and given REGULAR COURSE. C-141 Dean J. Mazzarella, Mayor: Request that private donations be accepted for the payment of moving services to be utilized by the public library in its move to its temporary location; services will be executed by National Library Relocations Inc. REGULAR MEETING OF THE CITY COUNCIL, APRIL 25, 2005, continued The following COMMUNICATION was received under SUSPENSION OF THE RULES Vt. 9 “yeas”; referred to the FINANCE COMMITTEE and given REGULAR COURSE. C-142 Relative to the appropriation of $50,000.00 to the City Solicitors Expense Account; same to be transferred from the Emergency Reserve Account. The following PETITION was received, referred to the LEGAL AFFAIRS COMMITTEE, given REGULAR COURSE and referred to the Planning Board and the Building Department. 85-05 Claire Freda: Request that the City Council endorse a petition to amend the Leominster Zoning Ordinances by adding an In-law Apartment Zoning By-Law. The following PETITION was received, referred to the WAYS & MEANS COMMITTEE, given REGULAR COURSE and referred to the Treasurer. 86-05 Amy M. Pierce: Renew the license for seventeen pool tables at Leominster Billiards, 7 Mount Pleasant Avenue. The following APPOINTMENT was received, referred to the WAYS & MEANS COMMITTEE and given REGULAR COURSE. Sealer of Weights and Measures – Joseph Quinn – term to expire April 15, 2006 Upon recommendation of the FINANCE COMMITTEE, the following COMMUNICATION was GRANTED and ORDERED. Vt. 9 “yeas” C-128 Relative to the appropriation of $3,500.00 to the Recreation Department Expense Account; same to be transferred from the Excess and Deficiency Account. ORDERED:- that the sum of Three Thousand Five Hundred Dollars ($3,500.00) be appropriated to the Recreation Department Expense Account; same to be transferred from the Excess and Deficiency Account. Upon recommendation of the FINANCE COMMITTEE, the following COMMUNICATION was GRANTED and ORDERED. Vt. 7 “yeas” and 2 “nays”; Councillor Freda and Dombrowski opposed. C-129 Relative to the appropriation of $3,000.00 to the Sanitation/Drainage Expense Account; same to be transferred from the Excess and Deficiency Account. ORDERED:- that the sum of Three Thousand Dollars ($3,000.00) be appropriated to the Sanitation/Drainage 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-130 Relative to the appropriation of $3,500.00 to the Emergency Management Agency Expense Account; same to be transferred from the Excess and Deficiency Account. ORDERED:- that the sum of Three Thousand Five Hundred Dollars ($3,500.00) be appropriated to the Emergency Management Agency Expense Account; same to be transferred from the Excess and Deficiency Account. C-131 Relative to the appropriation of $16,000.00 to the Police Courthouse Expense Account; same to be transferred from the Police Department Salary and Wages Account. ORDERED:- that the sum of Sixteen Thousand Dollars ($16,000.00) be appropriated to the Police Courthouse Expense Account; same to be transferred from the Police Department Salary and Wages Account. C-132 Relative to the appropriation of $56,000.00 to the Police Department Overtime Account; same to be transferred from the Police Department Salary and Wages Account. ORDERED:- that the sum of Fifty Six Thousand Dollars ($56,000.00) be appropriated to the Police Department Overtime Account; same to be transferred from the Police Department Salary and Wages Account. C-133 Relative to the appropriation of $52,000.00 to the Police Department Expense Account; same to be transferred from the Police Department Salary and Wages Account. ORDERED:- that the sum of Fifty Two Thousand Dollars ($52,000.00) be appropriated to the Police Department Expense Account; same to be transferred from the Police Department Salary and Wages Account. Upon request of the LEGAL AFFAIRS COMMITTEE, the following PETITIONS were given FURTHER TIME. Vt. 9/0 70-05 David Rowlands: Request that the Planning Board adopt M.G.L. Chapter 44, Section 53G relative to the employment of outside consultants. REGULAR MEETING OF THE CITY COUNCIL, April 25, 2005, continued 71-05 David Rowlands: Request that the Conservation Commission adopt M.G.L. Chapter 44, Section 53G relative to the employment of outside consultants. Upon recommendation of the LEGAL AFFAIRS COMMITTEE, the following PETITION was GRANTED. Vt. 6 “yeas” and 3 “nays”; Councillors John Salvatelli, Freda and Nickel opposed. 76-05 David Rowlands: Request that the City Council endorse a petition to amend the Leominster Zoning Ordinance dated July 1, 2001 with amendments through January 27, 2003 with the purpose of removing Mixed Use Development Project or Mixed Use Zoning in its entirety by amending 1.) Section 22-24 – Industrial District by eliminating Section 24.2.5 in its entirety including all subsections; 2.) Section 22-26 Table of Uses by removing “Mixed Use Development Project” in its entirety and 3.) all sections that make references to Mixed Use Development Projects or Mixed Use Zoning by removing them in their entirety. Upon recommendation of the LEGAL AFFAIRS COMMITTEE, the following PETITION was GRANTED. Vt. 9/0 77-05 Robert A. Salvatelli: Place “no parking” signs for 150 feet along the left side of Phillips Street. Upon request of the LEGAL AFFAIRS COMMITTEE, the following PETITION was TABLED FOR STUDY. Vt. 9/0 78-05 Wachusett Development and Construction, Inc.: Grant a Special Permit to expand parking by 8 spaces on the west side of the building at 166 Hamilton Street located within a flood plain.(A hearing is scheduled for May 23, 2005 at 7:00 P.M.) Upon request of the LEGAL AFFAIRS AND PUBLIC SAFETY COMMITTEES, the following PETITIONS were TABLED FOR STUDY. Vt. 9/0 79-05 Claire Freda: Amend Section 12-2 of the Revised Ordinances entitled “Fees-Schedule” by adding 7(b)(1) Any license or permit to store chemicals in solid, liquid or gaseous form with the intent that these chemicals be used in any type of manufacturing must be reviewed by the City Council every five years. 80-05 Claire M. Freda: Amend Chapter 12 Section 12-1 by adding Sections 12-1 (f through I); (f) any applicant requesting a permit or license to store chemicals in solid, liquid or gaseous form to be used in any type of manufacturing shall be required to provide a comprehensive scope to determine type of work to be done on site; (g) any business entity requesting permit or license that requires storage of any chemicals in solid, liquid or gaseous form with the intent that they be used in any type of manufacturing shall not be granted license until application is reviewed by an independent expert in the field as determined by the City Council at the proponents expense; (h) any Company deemed to be creating a hazardous environment as defined by independent expert shall not be allowed to locate within 1,000 feet of a residential area, school, or daycare center; (I) Employees Right To Know will be on file in the City Clerk’s Office. Upon recommendation of the PUBLIC SAFETY COMMITTEE, the following PETITIONS were GRANTED. Vt. 9/0 81-05 David Rowlands: Place a streetlight on pole #2 on Stuart Avenue. 82-05 Wayne A. Nickel: Place a streetlight on poles #2 and #4 on Webber Street. 83-05 Wayne A. Nickel: Place a streetlight on pole #23 on Johnny Appleseed Lane. 84-05 Wayne A. Nickel: Place a streetlight on pole #4 on Ash Street. Upon recommendation of the WAYS & MEANS COMMITTEE, the following PETITION was GRANTED. Vt. 9/0 75-05 Phillip McBain: Renew the license for two pool tables at Captains Lounge, 1536 Main Street. Upon recommendation of the CITY PROPERTY COMMITTEE, the following COMMUNICATION was GRANTED. Vt. 9/0 C-8 (2003) Dean J. Mazzarella, Mayor: Request that the parcel of land at 35 Page Avenue, as shown on Map 382, Lot 9 be declared surplus. Upon request of the CITY PROPERTY COMMITTEE, the following COMMUNICATION was given FURTHER TIME. Vt. 9/0 C-67 Dean J. Mazzarella, Mayor: Declare the property owned by the City of Leominster located on Jungle Road, Assessors Map 304, Lot 2, be declared surplus and made available for sale according to M.G.L. Chapter 30B, Section 16. REGULAR MEETING OF THE CITY COUNCIL, April 25, 2005, continued Upon recommendation of the WAYS & MEANS COMMITTEE, the following APPOINTMENTS were CONFIRMED. Vt. 9 “yeas” Historical Commission – Leon Christoforo – term to expire 4/15/08 (to fill the un-expired term of Dr. George Bond) Historical Commission – David Chester – term to expire 4/15/08 License Commission – Paul Leblanc – term to expire 4/15/09 The following LOAN ORDER was read a second time, adopted as presented and passed to be ordained. Vt. 9 “yeas” CITY OF LEOMINSTER LOAN ORDER 1ST Reading: March 28, 2005 2nd Reading: April 25, 2005 BE IT ORDERED:- that the sum of $250,000.00 hereby be appropriated for the cost of renovating, reconstructing and making extraordinary repairs to Doyle Field, and for the payment of all other costs incidental and related thereto, and to raise this appropriation, the Treasurer, with the approval of the Mayor, is authorized to borrow said amount under and pursuant to Chapter 44, Section 7 and 8 of the General Laws, or pursuant to any other enabling authority, and to issue bonds or notes of the City therefore, and to authorize and direct the appropriate officials of the City to apply for and accept any grants or gifts that may be available to the City on account of this project. APPROVED;- Mayor 1st Reading: /s/Dean J. Mazzarella Date: March 28, 2005 2nd Reading: /s/ Dean J. Mazzarella Date: April 25, 2005 Under New Business Councillor Marchand said that all the Councillors are invited to opening ceremonies at the Lassie League Field this Sunday at noon. Council President Robert Salvatelli said that the Planning Board will be using the City Council Chambers on May 3, 2005 for their meeting. He said that they are expecting a large turnout and Room 10 can not handle it. Councillor Freda said that the budget talks began in Boston this week and she encourages the other Councillors to contact the State Representative and State Senator to make sure we get our fair share of local aid. Councillor Marchand, Chair of the LEGAL AFFAIRS COMMITTEE, moved that the following PETITIONS be removed from the table and placed on the calendar for action. It was so voted. Vt. 9/0. Committees report as follows: 139-96 Claire Freda: Close off the bridge on Old Mill Road or make Old Mill Road a “one-way” street from Bicentennial to Jungle Road. FURTHER TIME; Vt. 9/0; Referred to the Traffic Department the Department of Public Works and the Fire Department. MEETING ADJOURNED: 10:55 P.M. Ann B. Mahan, City Clerk and Clerk of the City Council