City Council

HEARING BEFORE THE CITY COUNCIL, FEBRUARY 27, 2006 Hearing opened at 7:30 P.M. with Councillor Nickel, Chair of the Public Service Committee presiding. All members present. The following PETITION was the subject of the hearing. 40-06 Massachusetts Electric Company, d/b/a/ National Grid, and Verizon New England, Inc.: Main Street: Relocate three and remove two jointly owned poles on Main Street beginning at a point approximately 156 feet southwest of the centerline of the intersection of River Street and continuing approximately 434 feet in a southwesterly direction. Iris Price, representing National Grid, spoke in support. Ms. Price said they would like to relocate three (3) poles and remove two (2) for the road widening job for the Highway Department. She said they would be removing one pole from in front of Hess gas station and one pole at the corner of River Street. Ms. Price said the pole on the corner of River Street has street lights on it that would have to be removed and relocated to River Street for safety. No one from the audience spoke in favor or opposition. Councillor Marchand asked how much it would cost the city to relocate the light. Ms. Price said she is not sure but the city would have to get an electrician to have a feed coming off a pole on River Street. Councillor Marchand said that is a dangerous intersection. He asked Ms. Price if he waited to line up the relocation of the street light, would it hold up the project. Ms. Price said the city could line it all up and that it would not hold up National Grid. Councillor Marchand asked if there is a pole already existing on River Street for the light. Ms. Price said there is an existing pole with wire there and the city would just have to bring the service to the pole. HEARING ADJOURNED: 7:35 P.M. Lynn A. Bouchard, City Clerk and Clerk of the City Council REGULAR MEETING OF THE CITY COUNCIL, FEBRUARY 27, 2006 Meeting called to order at 8:00 P.M. Attendance was taken by a roll call vote; all members present. REGULAR MEETING OF THE CITY COUNCIL, FEBRUARY 27, 2006, continued. The Committee on Records reported that the records were examined through February 13, 2006 and found to be in order. The records were accepted. A recess was called at 8:02 P.M. to hold the public forum. Meeting reconvened at 8:07 P.M. The following COMMUNICATION was received, referred to the FINANCE COMMITTEE and given REGULAR COURSE. 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. The following PETITION was received, referred to the PUBLIC SERVICE COMMITTEE, given REGULAR COURSE and referred to the Department of Public Works, the City Solicitor, the Mayor and the Water and Sewer Commission. 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. The following PETITIONS were received, referred to the WAYS & MEANS COMMITTEE, given REGULAR COURSE and referred to the City Comptroller, the Treasurer and the Police Department. 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. The following PETITIONS were received, referred to the WAYS & MEANS COMMITTEE, given REGULAR COURSE and referred to the City Comptroller, the Treasurer, the Police Department and the Fire Department. 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. The following PETITION was received, referred to the WAYS & MEANS COMMITTEE and upon recommendation of the WAYS & MEANS COMMITTEE was GRANTED under SUSPENSION OF THE RULES. 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. RESOLUTION A FULL AND COMPLETE END TO THE LOTTERY CAP IN FISCAL 2007 Whereas: The Lottery was established in 1971 solely to provide revenues for cities and towns to support local services and to provide property tax relief, and; Whereas: For over 35 years, Lottery proceeds have been distributed on the Cherry Sheet as “un-earmarked” revenues to be used at local discretion and Lottery distributions now represent the most important Cherry Sheet revenue available for police, fire and other municipal purposes, and: Whereas: The Governor and the Legislature since fiscal 2002 and the 2001 recession have capped Lottery distributions and used amounts intended for cities and towns to balance the state budget, and; Whereas: The state’s economy is now steadily recovering and state tax collections are expected to exceed projections this year, for the third straight year, it is time for Gov. Mitt Romney and the Legislature to completely end the use of Lottery revenues for state budget-balancing purposes, and: Whereas: The Governor has proposed in his budget recommendation for fiscal 2007 (House2), filed in January, that the Lottery cap is fully ended in fiscal 2007 and that Lottery distributions increase by $159 million to $920 million statewide. Therefore it is now Resolved: That Lottery revenues be immediately and fully returned to the purpose of supporting local government services and reducing reliance on the property tax, and; That the House and Senate include provisions in the Legislature’s fiscal 2007 budget bill to distribute $920 million in Cherry Sheet Lottery payments as the full amount due to cities and towns. Adopted by the Leominster City Council February 27, 2006 Lynn A. Bouchard, City Clerk APPROVED: /s/ Dean J. Mazzarella, Mayor REGULAR MEETING OF THE CITY COUNCIL, FEBRUARY 27, 2006, continued. The following APPOINTMENT was received, referred to the WAYS & MEANS COMMITTEE and given REGULAR COURSE. Fire Department - Permanent Firefighter – Seth Ryan Augat Upon recommendation of the FINANCE COMMITTEE, the following COMMUNICATIONS were RATIFIED. Vt. 9 “yeas”. C-77 Relative to the appropriation of $30,000.00 to the Snow and Ice Overtime Account; same to be transferred from the Excess and Deficiency Account. (Granted on February 13, 2006 as an Emergency Preamble, another vote is required.) C-78 Relative to the appropriation of $140,000.00 to the Snow and Ice Expense Account; same to be transferred from the Excess and Deficiency Account. (Granted on February 13, 2006 as an Emergency Preamble, another vote is required.) Upon recommendation of the FINANCE COMMITTEE, the following COMMUNICATION was GRANTED and ORDERED. Vt. 9 “yeas”. C-79 Relative to the appropriation of $15,411.00 to the Assessors Salary and Wages Account; same to be transferred from the Excess and Deficiency Account. ORDERED: that the sum of Fifteen Thousand Four Hundred Eleven Dollars ($15,411.00) be appropriated to the Assessors Salary and Wages 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. 8 “yeas” and 1 “nay”; Councillor Freda opposed. C-80 Relative to the appropriation of $3,250.00 to the Cemetery Expense Account; same to be transferred from the Cemetery Mausoleum Income Trust Fund Account. ORDERED: that the sum of Three Thousand Two Hundred Fifty Dollars ($3,250.00) be appropriated to the Cemetery Expense Account; same to be transferred from the Cemetery Mausoleum Income Trust Fund Account. Upon recommendation of the FINANCE COMMITTEE, the following COMMUNICATIONS were GRANTED and ORDERED. Vt. 9 “yeas”. C-81 Relative to the appropriation of $9,000.00 to the City Comptroller’s Salary & Wages Account; same to be transferred from the Excess and Deficiency Account. ORDERED: that the sum of Nine Thousand Dollars ($9,000.00) be appropriated to the City Comptroller’s Salary & Wages Account; same to be transferred from the Excess and Deficiency Account. RE: Buy Back Sick Leave $4,000.00 Replacement Head Clerk Position $5,000.00 C-82 Relative to the appropriation of $1,000.00 to the Building Department Expense Account; same to be transferred from the Excess and Deficiency Account. ORDERED: that the sum of One Thousand Dollars ($1,000.00) be appropriated to the Building Department Expense Account; same to be transferred from the Excess and Deficiency Account. C-83 Relative to the appropriation of $6,000.00 to the Forestry Expense Account; same to be transferred from the Excess and Deficiency Account. ORDERED: that the sum of Six Thousand Dollars ($6,000.00) be appropriated to the Forestry Expense Account; same to be transferred from the Excess and Deficiency Account. Upon recommendation of the FINANCE COMMITTEE, the following COMMUNICATIONS were RATIFIED. Vt. 9 “yeas”. C-85 Relative to the appropriation of $25,000.00 to the Snow and Ice Overtime Account; same to be transferred from the Excess and Deficiency Account. (Granted on February 13, 2006 as an Emergency Preamble, another vote is required.) C-86 Relative to the appropriation of $100,000.00 to the Snow and Ice Expense Account; same to be transferred from the Excess and Deficiency Account. (Granted on February 13, 2006 as an Emergency Preamble, another vote is required.) REGULAR MEETING OF THE CITY COUNCIL, FEBRUARY 27, 2006, continued. Upon recommendation of the FINANCE & LEGAL AFFAIRS COMMITTEES, the following PETITION was GRANTED. Vt. 9 “yeas”. 39-06 John J. Richard, Chairman, Leominster Contributory Retirement Board: Request that the City Council adopt Massachusetts General Law, Chapter 157 of the Acts of 2005 Sections One and Section Two, entitled “An Act Relative to Disability Retirement Benefits for Veterans.” Upon recommendation of the PUBLIC SERVICE COMMITTEE, the following PETITION was GRANTED. Vt. 9/0. 40-06 Massachusetts Electric Company, d/b/a/ National Grid, and Verizon New England, Inc.: Main Street: Relocate three and remove two jointly owned poles on Main Street beginning at a point approximately 156 feet southwest of the centerline of the intersection of River Street and continuing approximately 434 feet in a southwesterly direction. Upon request of the PUBLIC SERVICE COMMITTEE, the following PETITON was given FURTHER TIME and referred to the Police Department, the Fire Department and the Planning Department. 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 LEGAL AFFAIRS COMMITTEE, the following COMMUNICATION was TABLED for study. Vt. 9/0. C-84 Mayor Dean J. Mazzarella: Accept for conservation purposes a deed from Day Street Realty Corporation for a thirteen acre parcel of land located off Day Street and shown on Assessors Map 575 as parcel 7. Upon recommendation of the LEGAL AFFAIRS COMMITTEE, the following PETITIONS were GRANTED. Vt. 9/0. 42-06 Maribel Fournier, Human Resources Director: Amend Chapter 16, Article II, Section 16-13 of the Revised Ordinances entitled “Vacation” which would allow employees to receive their vacation time by years of service on their anniversary start date; amendment retro-active to January 1, 2006. 43-06 Greg Chapdelaine, Purchasing Agent: Request authorization to contract for Forestry Consulting Services for a period of six (6) years. Upon request of the LEGAL AFFAIRS COMMITTEE, the following PETITION was TABLED and referred to the Mayor. Vt. 9/0. 44-06 Gregg P. Lisciotti, Lisciotti Development Corp.: Rezone two parcels of land located on Orchard Hill Park Drive from Industrial to Commercial. (A hearing is scheduled for March 27, 2006 at 7:00 P.M.) Under Old Business Councillor Lanciani said that the City Council received a letter from Kopelman & Paige in regards to petition #32-06 – Undeveloped Lots, stating that the final sentence be deleted regarding site plan approval. Councillor Rowlands said he feels we do not need this sentence in the ordinance since any change that would require a change in parking of up to ten spaces would require a site plan approval anyways. It is almost guaranteed that we will need a site plan approval anyways. Councillor Marchand said that it was agreed upon at the joint hearing that this language would be appropriate. The City Council had agreed that the language would state “if applicable” and somehow this language got lost when it was rewritten by the Planning Director. Councillor Marchand said that he holds strong to keeping this language in there. Councillor Dombrowski said that the point made from Kopelman & Paige was well taken and said we should go with their alternative suggestion which was “at the Planning Boards discretion” and just say that Site Plan from the Planning Board is required. Council President Salvatelli asked the City Clerk, Lynn Bouchard, to call Brian Riley from Kopelman & Paige to find out the procedure to make the changes within the time frame allowed. The following ORDINANCE was read once and adopted and presented. Vt. 9 “yeas”. 1st Reading Ordinance – amend Chapter 22 of the Revised Ordinances entitled “Zoning” 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. Under new business Council President Salvatelli said he received a letter from a constituent requesting the City look into some of the older historical buildings since it hasn’t been done in a long time and several of the buildings could be reaching the age of being classified as a historical building in Leominster. Councillor Salvatelli said he will contact the Historical Commission regarding this letter. ADJOURNED: 9:12 P.M. ________________________________________________ Lynn A Bouchard, City Clerk and Clerk of the City Council