City Council

EXECUTIVE SESSION, MARCH 13, 2006 A motion was made and seconded to go into Executive Session under the provisions of Chapter 39, Section 23B of the Massachusetts General Laws. Voted by roll call. Vt. 9 “yeas.” Councillor Salvatelli said the regular meeting would begin at 8:00 P.M. or at the conclusion of the Executive Session. REGULAR MEETING OF THE CITY COUNCIL, MARCH 13, 2006 Meeting called to order at 8:02 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 27, 2006 and found to be in order. The records were accepted. The following COMMUNICATIONS were received, referred to the FINANCE COMMITTEE and given REGULAR COURSE. C-88 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 Reserved for Appropriation Account. C-89 Relative to the appropriation of $12,000.00 to the Parking Meter Expense Account; same to be transferred from the Parking Meter Receipts Reserved for Appropriation Account. C-90 Relative to the appropriation of $500.00 to the Cemetery Expense Account; same to be transferred from the Manson D. Hawes Cemetery Trust Fund Income Account. C-91 Relative to the appropriation of $50,000.00 to the Fire Department Capital Outlay Expense Account; same to be transferred from the Excess and Deficiency Account. C-92 Relative to the appropriation of $271,000.00 to the Street Resurfacing Expense Account; same to be transferred from the Highway State Aid Reserved for Appropriation Account. C-93 Relative to the appropriation of $63,000.00 to the Highway Department Expense Account; same to be transferred from the Excess and Deficiency Account. C-94 Relative to the appropriation of $65,000.00 to the Police Department Expense Account; same to be transferred from the Police Department Salary and Wages Account. C-95 Relative to the appropriation of $35,000.00 to the Police Department Overtime Account; same to be transferred from the Police Department Salary and Wages Account. C-96 Relative to the appropriation of $2,000.00 to the Gallagher Building Overtime Account; same to be transferred from the Gallagher Building Revolving Fund. C-97 Dean J. Mazzarella, Mayor: Request the authority to borrow, if necessary, up to $600,000.00 for the purchase for open space and water supply protection purposes, 57+/- acres of land owned now or formerly by the Salvatore Realty Trust (Map 429, Lot 5) as shown on a plan of land to be recorded with the Worcester North Registry of Deeds; said property shall be dedicated in perpetuity to purposes stated in Article 97 of the Amendments to the Constitution of the Commonwealth of Massachusetts including the protection of water resources and shall be fully protected by all provisions of Article 97. Furthermore, this property shall be open to the general public for appropriate outdoor/recreational use while consistent with 310 CMR 22.00; that to meet this appropriation the Treasurer with the approval of the Mayor is authorized to borrow, if necessary, up to $600,000.00, the receipt of any state and charitable grants and donations associated with this project will be deposited into the appropriate account; and that the Mayor is authorized to take any other action necessary to carry out these projects. The following COMMUNICATION was received, referred to the LEGAL AFFAIRS COMMITTEE, and given REGULAR COURSE. C-98 Dean J. Mazzarella, Mayor: Amend Chapter 16, Section 16-34, of the Revised Ordinances to change the classification of the Personnel Director, from an S-7 to an S-8, effective July 1, 2006 for the FY2007 budget. The following PETITION was received, referred to the PUBLIC SERVICE COMMITTEE, and given REGULAR COURSE. A hearing was scheduled for March 27, 2006 at 6:55 P.M. Vt. 9/0. 53-06 National Grid: Morton Street: Install one solely owned pole on Morton Street beginning at a point approximately 200 feet north of the intersection of Grand Street. The following PETITION was received, referred to the LEGAL AFFAIRS COMMITTEE, given REGULAR COURSE and referred to the Building Inspector, the Planning Department, Conservation Commission, the Department of Public Works, the Health Department and the Fire Department. A hearing was scheduled for April 10, 2006 at 7:15 P.M. Vt. 9/0. 54-06 Scott Hyney: Grant a Special Permit to construct an addition to an existing dwelling at 39 Federal Circle as shown on Assessors Map 363, Lot 41, located in a rural residential zone in the water supply protection district. REGULAR MEETING OF THE CITY COUNCIL, MARCH 13, 2006, continued The following PETITION was received, referred to the LEGAL AFFAIRS COMMITTEE, and given REGULAR COURSE. 55-06 Maribel Fournier, Personnel Director: Amend Chapter 16, Section 16-34, of the Revised Ordinances to change the classification of the Building Inspector, from an S-7 to an S-8, effective July 1, 2006 for the FY2007 budget. The following PETITIONS were received, referred to the WAYS & MEANS COMMITTEE, given REGULAR COURSE and referred to the Treasurer and the Police Department. 56-06 Phillip McBain: Renew the license for two pool tables at Captain’s Lounge, 1536 Main Street. 57-06 Kym Leblanc: Renew the license for one pool table at the Tankard, 13 Central Street. The following PETITIONS were received, referred to the WAYS & MEANS COMMITTEE, given REGULAR COURSE and referred to the Treasurer. 58-06 Mark & Robyn Ellis: Renew the second hand dealers license to sell used power boats from the premises at Ellis Marine Supply Partnership, 646 Central Street. 59-06 Kathleen A. Violette: Grant a transient vendors license for April and May, 2006, for the sale of plants and flowers. The following APPOINTMENT was received, referred to the WAYS & MEANS COMMITTEE and given REGULAR COURSE. Fire Department - Permanent Firefighter – Jeffrey Vaillette Upon recommendation of the WAYS & MEANS COMMITTEE the following APPOINTMENT was CONFIRMED. Vt. 9 “yeas”. Fire Department - Permanent Firefighter – Seth Ryan Augat Upon recommendation of the FINANCE COMMITTEE, the following COMMUNICATION was GRANTED and ORDERED. Vt. 9 “yeas”. C-87 Relative to the appropriation of $20,000.00 to the Library Expense Account; same to be transferred from the Library Salary and Wages Account. ORDERED: that the sum of Twenty Thousand Dollars ($20,000.00) be appropriated to the Library Expense Account; same to be transferred from the Library Salary and Wages Account. Upon request of the PUBLIC SERVICE COMMITTEE, the following PETITION was given FURTHER TIME. Vt. 9/0. 41-06 Peter A. CampoBasso, Esquire, on behalf of James S. Whitney, President and Treasurer, J. Whitney Development, Inc.: Allow a sewer connection for land in Sterling, owned by J. Whitney Development, Inc., for a residential subdivision for homeownership, condominiums and apartment buildings. Upon request of the PUBLIC SERVICE COMMITTEE, the following PETITION was TABLED FOR STUDY. Vt. 8/0, Councillor Dombrowski abstained due to a possible conflict of interest. 45-06 Walter A. Fiore: Allow a sewer connection for land in Sterling, MA, owned by NMJ Realty Trust for a residential subdivision for homeownership, condominiums and apartment buildings. Upon request of the WAYS & MEANS COMMITTEE, the following PETITIONS were given FURTHER TIME. Vt. 9/0. 46-06 William Plant: Renew license for one pool table at J.C. Fenwicks Co., 37 Mechanic Street. 47-06 Aime Lemoine: Renew license for one pool table at Seven R’s, d/b/a/ A & R’S Double Inn, 166 Water Street. 48-06 Albert Mason: Renew license for seven pool tables and 24 bowling alleys at Mason’s Bowling Center, 640 North Main Street. 49-06 Rosairo Palermo: Renew license for one pool table at Foggia Hall, 153 Lancaster Street. 50-06 Leroy J. DiMauro: Renew second hand dealer’s license for the premises located at 609 Main Street. 51-06 Fred R. Tousignant: Renew second hand dealer’s license for the premises located at 92 Pleasant Street. Upon recommendation of the WAYS & MEANS COMMITTEE the following PETITION was RATIFIED. Vt. 9/0. 52-06 Claire Freda: Support a resolution regarding the uncapping of the lottery distribution to cities and towns according to the governor’s budget. (Granted as an emergency measure on February 27, 2006; another vote is required) REGULAR MEETING OF THE CITY COUNCIL, MARCH 13, 2006, continued. The following ORDINANCE was read a second time, adopted as presented and passed to be ordained. Vt. 9 “yeas”. THE CITY OF LEOMINSTER In the year two thousand six AN ORDINANCE Amending Chapter 22 of the Revised Ordinances entitled “Zoning” by amending the Zoning Map. Be it ordained by the City Council of the City of Leominster, as follows: Chapter 22 of the Revised Ordinances entitled “Zoning” is hereby amended by changing the Leominster Zoning Map, so that eight (8) parcels at 62-66 Spruce Street, currently zoned as Industrial and identified as Assessors map 40, Lots 1, 2, 3, 5, 6, 6A, 16 and 17, are located entirely within the Residence C zone. _____________________________________________________________ The following ORDINANCE was read once and adopted as presented. Vt. 9 “yeas”. 1st Reading Ordinance – amend Chapter 22 of the Revised Ordinances, entitled “Zoning” Article II, Use Regulations, Section 22-16 Generally Permitted Uses by deleting 16.9 in its entirety and adding in its place new Sections 16.9; 16.9.1 and 16.9.2 relative to the Use of Undeveloped (Vacant) Lots. Under new business Councillor Freda said that the Rotary Vocational Awards will be held March 23, 2006 at 6:00 P.M. at the Four Points Hotel. Councillor Freda said that the following individuals will be the recipients of the Employee of the Year Awards: Police Department: Dennis Surrette Fire Department: William Bisol Department of Public Works: John Roseberry City Hall: Peg Maranian Elementary School: Cathy Craigen (Johnny Appleseed) Middle School: Barbara Davis (Skyview) High School: Barry Hudson (High School) Councillor Marchand said that there will be a St. Patrick’s Day Breakfast to benefit the Monument Project on March 19, 2006 from 10:00 A.M. until 12:00 P.M. at the Leominster Lodge of Elks to assist in building the welcome home monument in honor of the brave men and woman defending our country. He said the tickets are $10.00. Councillor Marchand said that he has been looking into what the City Council has been paying for legal notices. He said in FY 2005 the city received $2,670.00 in fees which are used for advertising and the amount spent was $11,251.25. Councillor Marchand said in 2005 we used 753 square inches of advertising space in the local newspaper. Councillor Marchand said we are currently paying $15.30 per square inch. He said one of the competing newspapers is charging $12.00 per square inch and that is a 27.5% difference. Councillor Marchand asked if it is possible to put this out to bid and if not, do we have the ability to just shift, and maybe give some business to both newspapers or at least approach the current vendor and see if they can match the going rate. Councillor Rosa said that the City Council addressed this issue about ten years ago. He said he will talk to the City Clerk and the Purchasing agent, through the Mayor, and see what they can do. Councillor Rosa said he thought it took a vote of the City Council to shift advertisers to a different newspaper. Councillor Nickel, Chair of the PUBLIC SERVICE COMMITTEE, and Councillor Marchand, Chair of the LEGAL AFFAIRS COMMITTEE, moved that the following PETITION be removed from the table and placed on the calendar for action. It was so voted 9/0. Committee report as follows: 35-06 Christopher Grunditz: Request that Cedar Road, a paper street, be abandoned. LEAVE TO WITHDRAW. Vt. 9/0. MEETING ADJOURNED: 8:45 P.M. ________________________________________________ Lynn A Bouchard, City Clerk and Clerk of the City Council