City Council

HEARING BEFORE THE CITY COUNCIL, OCTOBER 10, 2006 Hearing opened at 6:47 P.M. with Councillor Nickel, Chair of the Public Service Committee, presiding. All members were present except Councillor Marchand. The following PETITION was the subject of the hearing. 21-07 National Grid and Verizon New England, Inc.: Central Street: Install two jointly owned poles and remove one jointly owned pole on Central Street beginning at a point approximately 40 feet north of the centerline of the intersection of Willard Street and continuing approximately 108 feet in a southerly direction. Iris Price from National Grid spoke in favor of petition. No councilors spoke. HEARING ADJOURNED: 6:50 P.M. Lynn A. Bouchard, City Clerk and Clerk of the City Council HEARING BEFORE THE CITY COUNCIL, OCTOBER 10, 2006 Hearing opened at 6:51 P.M. with Councillor Nickel, Chair of the Public Service Committee, presiding. All members were present except Councillor Marchand. The following PETITION was the subject of the hearing. 22-07 National Grid and Verizon New England, Inc.: Willard Street: Install one jointly owned pole on Willard Street beginning at a point approximately 240 feet east of the centerline of the intersection of Central Street. Iris Price from National Grid spoke in favor of petition. No councilors spoke. HEARING ADJOURNED: 6:52 P.M. Lynn A. Bouchard, City Clerk and Clerk of the City Council HEARING BEFORE THE CITY COUNCIL, OCTOBER 10, 2006 Hearing opened at 6:55 P.M. with Councillor Nickel, Chair of the Public Service Committee, presiding. All members were present except Councillor Marchand. The following PETITION was the subject of the hearing. 23-07 National Grid and Verizon New England, Inc.: Willard Street: Install one jointly owned pole on Willard Street beginning at a point approximately 148 feet north of the centerline of the intersection of Candlewood Drive. Iris Price from National Grid was present. Ms. Price said that due to the street widening in that area, they are asking permission to move the pole back. Ms. Price said that in regards to Willard Street and Central Street (Petition # 21-07 and 22-07) the state has requested that they relocate the poles for the road widening in that area. Councillor Nickel said that there are two maps of the same intersection and that they did not match. HEARING ADJOURNED: 6:57 P.M. Lynn A. Bouchard, City Clerk and Clerk of the City Council HEARING BEFORE THE CITY COUNCIL, OCTOBER 10, 2006 Hearing opened at 7:00 P.M. with Councillor Rosa, Chair of the Finance Committee, presiding. All members were present except Councillor Marchand. The following PETITION was the subject of the hearing. Relative to the appropriation of $1,300,000.00 to pay additional costs of constructing, originally equipping and furnishing a new Library and for the payment of all other costs incidental and related thereto, and that to raise this appropriation, the Treasurer, with the approval of the Mayor, is authorized to borrow said amount under and pursuant to Chapter 44, Sections 7 and 8 of the General Laws, or pursuant to any other enabling authority, and to issue bonds or notes of the City therefore. Councillor Rosa said that there have been several meetings regarding this Loan Order. He said that the 1st Reading of this Loan Order was passed by a 7 – 2 vote. Councillor Rosa said that this has been published in the Sentinel and Enterprise on October 2, 2006 and tonight there will be the 2nd Reading of the Loan Order. Councillor Rosa said that he wanted to open this public hearing up to the public right away. John McLaughlin, 93 Tolman Avenue, Vice Chairman of the Library Construction Committee, spoke in favor of the bond for the library. He said the committee has worked diligently over a long period of time and just about all of the members have attended every meeting. Mr. McLaughlin said they have gone over every change order with the Clerk of the Works and no change order is approved without finding out what the change is and the cost is. Mr. McLaughlin said the state issued new regulations on hiring General Contractors and this held up the project. He said energy costs went up and also the Architectural costs went up 7% - 8%, which was a total of $667,000.00. He also said they ran into problems with the asbestos, ledge and water. The asbestos costs were over$113,000.00, the cost for ledge was over $100,000.00 and the cost for water was over $100,000.00. Mr. McLaughlin said it is also costing them approximately $43,000.00+ for extra time at the temporary location. HEARING BEFORE THE CITY COUNCIL, OCTOBER 10, 2006 Mr. McLaughlin said that a document came to his attention today showing that the City of Leominster conveyed, to a Leominster resident, a piece of property on 35 Page Avenue for $325,000.00. Mr. McLaughlin said the Mayor has the opportunity, when this money goes into Free Cash, to use it to reduce the bond. He said there may be other properties as well that could come up that could also be used to reduce the bond amount. Nancy Hicks, 861 West Street, Trustee of the Library and also a member of the Fund Raising Committee for the Building Fund, and wanted to express her appreciation to the businesses and individuals for their donations. Ms. Hicks said this money will go to the furnishings and fixtures in the new library. Ms. Hicks is in favor of this loan order. Liz Blanchflower, 119 High Street, is in favor of this loan order. Ms. Blanchflower said the overage is a result of unforeseen costs. She said she feels that the positive statements are being over shadowed by negative ones. Ms. Blanchflower said she gives a lot of credit to Susan Shelton and all the people who have volunteered numerous hours to this project and she is asking that the council vote in favor of this appropriation. Denise Levesque, 32 Appletree Lane, spoke in favor of the loan order. She said a library is an important part of a community and benefits the entire community in one way or another. Grace Levesque, 32 Appletree Lane, spoke in favor of the loan order. She said it is her home away from home and that they have great children’s programs. She said she has worked as a volunteer at the library and that in 2005 had some poems published in the young writers workshop. Carol Millette, 451 Merriam Avenue, Member of the Board of Trustees and also on the Building Committee for the Leominster Library, spoke in favor of the loan order. Ms. Millette said she wanted to thank the City Council for having the foresight to provide a facility that will strengthen and feed the academic, the cultural and the business soul of the community for years to come. Ms. Millette said that over 3500 people use the library weekly. Bob Salvatore, 212 Granite Street, Member of the Board of Trustees, spoke in favor of the loan order. Mr. Salvatore said this has been a lengthy process. He said there has been nothing done to that building from the original plans for the luxury of the library. Mr. Salvatore said all of the overruns were unforeseen and necessary. He said the new library will be a shining star in the city. David Letters, 821 Union Street, spoke in favor of the loan order. He said he is just the man on the street and also a construction worker. He said he knows from experience it is expensive and hard work to deal with asbestos and ledge. He said it is not always easy to know how much ledge is in a specific site. Mr. Letters said even in this day and age with the internet, it is still very important to have a library. Jeanne Zephir, 146 Harvard Street, spoke in favor of the loan order. She said the library is 80% completed and said that they need the City Council’s approval on this loan order in order to move ahead and get it complete by April 2007. Richard Vautour, 125 Hill Street, spoke in favor. He said he has no affiliation with the library, other than being a reader. He said he comes from a family of readers and that a vote for the library is a vote for education. Gilbert Tremblay, 290 Merriam Avenue, Chairman of the Library Board of Trustees, spoke in favor. Mr. Tremblay said he has been on the Board of Trustees for twenty years and they have been talking about a new library since then. He said they have been working on it ever since. Mr. Tremblay said people may think twice about volunteering to be on a building committee after everything that has gone on. Michael Mullaney, 87 Glenwood Drive, Project Manager for the project, discussed some of the issues that had been discussed in regards to microwaves and refrigerators, which he said are not part of the 1.3 million dollar loan order. Mr. Mullaney also discussed toilet facilities and how they are dictated by the state for projects by state code and discussed some of the change orders. Mark Bodanza, 23 Kendall Hill Road, Chairman of the Library Building Committee, spoke in favor of this project. Mr. Bodanza said everybody is here for the same reason, that being a care and concern for the community. He said that everyone has echoed, in one way or another, that they are in favor of the project. He said there has been a healthy debate with the council on how to finance the cost overrun and said he feels that it has been a useful process. He said when the Mayor came down with the Financial Team there was a discussion about the balance between the use of credit, the use of savings and how those things interplay within a municipality. Mr. Bodanza said additional capital needs in the future were also discussed. Mr. Bodanza said he looks forward to the City Council and the Mayor working together in the future towards the prioritization of the capital needs and the proper balance between credit and savings. Mr. Bodanza said it is time to all come together as a community and stand behind this project. Andrea Freeman, 54 Green Street, said she is in favor of this loan order. Ms. Freeman said the $14.00 increase in taxes is less than half of what most people spend on cable per month. She said a library for education is important in this community. Carol Kenyon, spoke in opposition to the loan order. She said the library was less than 40 years old when they chose to destroy it and build this monstrosity of a library that has gone over budget. She feels it was ill planned and not enough research when into the project before they started. Ms. Kenyon said she does not feel she should have to pay the price for this. She said the hungry and homeless should be taken care of before a project like this. She said the old library was fine. No councilors spoke. HEARING ADJOURNED: 8:00 P.M. Lynn A. Bouchard, City Clerk and Clerk of the City Council HEARING BEFORE THE CITY COUNCIL, OCTOBER 10, 2006 Hearing opened at 8:02 P.M. with Councillor Dombrowski, Clerk of the Legal Affairs Committee, presiding. All members were present except Councillor Marchand. The following PETITION was the subject of the hearing. 13-07 Susan Chalifoux-Zephir: Grant a Special Permit to use an existing building located at 307 Whitney Street, located in an Industrial zone and shown on Assessor’s Map 569 as Lot 19, for a restaurant. Councillor Dombrowski said that due to the fact that this is a Special Permit and the applicant, Ms. Zephir, would like the full council to hear it, we will be continuing this hearing until October 23, 2006 at 7:15 P.M. Ms. Zephir said that it was acceptable to continue the public hearing the only thing is she would like the clerk to notify the License Commission and let them know it is not her delaying the process. HEARING ADJOURNED at 8:04 P.M. and continued until October 23, 2006 at 7:15 P.M. Lynn A. Bouchard, City Clerk and Clerk of the City Council REGULAR MEETING OF THE CITY COUNCIL, OCTOBER 10, 2006 Meeting called to order at 8:00 P.M. Attendance was taken by a roll call vote; all members present except Councillor Marchand. The Committee on Records reported that the records were examined through September 28, 2006 and found to be in order. The records were accepted. A recess was called at 8:02 to continue the public hearings and hold a public forum. Meeting reconvened at 8:05 P.M. The following COMMUNICATIONS were received, referred to the FINANCE COMMITTEE and given REGULAR COURSE. C-18 Relative to the appropriation of $46,165.00 to the Gallagher Building Salary & Wages Account; same to be transferred from the Gallagher Building Revolving Fund. C-19 Relative to the appropriation of $73,835.00 to the Gallagher Building Expense Account; same to be transferred from the Gallagher Building Revolving Fund. C-20 Relative to the appropriation of $7,400.00 to the Sanitation and Drainage Expense Account; same to be transferred from the Emergency Reserve Account. The following COMMUNICATION was received, referred to the FINANCE COMMITTEE and given REGULAR COURSE. A hearing was scheduled for November 27, 2006 at 6:45 P.M. Vt. 8/0. C-21 Dean J. Mazzarella, Mayor: Request that the City Council set a hearing for the classification of the tax rate on November 27, 2006 for the purpose of setting the Fiscal Year 2007 tax rate. The following COMMUNICATION was received, referred to the WAYS & MEANS COMMITTEE and given REGULAR COURSE. C-22 Dean J. Mazzarella, Mayor: Request that Larry Gianakis, employee of the Leominster School Department, be exempt from the provisions of M.G.L. Chapter 268(A) (20B) Conflict of Interest as he will be temporarily performing the duties of Conservation Agent. The following COMMUNICATION was received under Suspension of the Rules and referred to the FINANCE COMMITTEE. Vt. 8/0. Upon recommendation of the FINANCE COMMITTEE the following COMMUNICATION was GRANTED with an Emergency Preamble and ORDERED. Vt. 8 “yeas.” C-23 Relative to the appropriation of $25,000.00 to the Highway Overtime Salary & Wages Account; same to be transferred from the Emergency Reserve Account. ORDERED:- that the sum of Twenty Five Thousand Dollars ($25,000.00) be appropriated to the Highway Overtime Salary & Wages Account; same to be transferred from the Emergency Reserve Account. REGULAR MEETING OF THE CITY COUNCIL, OCTOBER 10, 2006, continued. The following PETITION was received, referred to the PUBLIC SERVICE COMMITTEE, given REGULAR COURSE and referred to the Department of Public Works and the Planning Department. 25-07 Roger Lucier: Accept and approve the layout of “Harbor Light Road” as a public way. The following PETITION was received, referred to the LEGAL AFFAIRS COMMITTEE given REGULAR COURSE and referred to the Health Department and the Police Department. 26-07 Richard M. Marchand: Request that the City Council endorse an ordinance prohibiting the presence of pets or other animals during the agreed upon operational hours of the annual Johnny Appleseed Arts and Cultural Festival on the City streets and other designated areas identified as the festival grounds, for reasons of public health and safety and allow the City Council to extend this prohibition to other City events or specific public areas as public safety and convenience may require. The following PETITION was received, referred to the LEGAL AFFAIRS COMMITTEE given REGULAR COURSE and referred to the Department of Public Works, the Health Department, the Fire Department, Fire Prevention and the Water and Sewer Commission. 27-07 Patrick LaPointe: Amend Chapter 21 Section 21-13(b) of the Revised Ordinances entitled “Regulation for use of Water” to reflect the homeowners responsibility for the maintenance of the water and sewer service pipe from the main in the street into the dwelling. The following PETITION was received, referred to the PUBLIC SAFETY COMMITTEE given REGULAR COURSE and referred to the Police Department and the Fire Department. 28-07 Leominster Recreation Department: Request permission to block off West Street from City Hall to Main Street, down Main Street to Carter Park on Sunday, October 29, 2006 from 2:00 P.M. until 2:30 P.M. for the annual Halloween Costume Parade. The following PETITION was received, referred to the CITY PROPERTY COMMITTEE, given REGULAR COURSE and referred to the Building Inspector. 29-07 New England Farm Workers’ Council: Request permission to use the City Council chambers to take Fuel Assistance applications on October 16th, 18th, 25th, November 1st, 6th, 20th, 27th, December 4th, 18th, 21st, 2006 and January 4th, 8th, 18th, 22nd, and 29th, 2007. Upon recommendation of the FINANCE COMMITTEE, the following COMMUNICATIONS were GRANTED and ORDERED. Vt. 8 “yeas.” C-15 Relative to the appropriation of $550.00 to the Health Department Expense Account; same to be transferred from the Emergency Reserve Account. ORDERED: that the sum of Five Hundred Fifty Dollars ($550.00) be appropriated to the Health Department Expense Account; same to be transferred from the Emergency Reserve Account. C-16 Relative to the appropriation of $6,500.00 to the Sanitation and Drainage Expense Account; same to be transferred from the Emergency Reserve Account. ORDERED: that the sum of Six Thousand Five Hundred Dollars ($6,500.00) be appropriated to the Sanitation and Drainage Expense Account; same to be transferred from the following Emergency Reserve Account. Upon recommendation of the PUBLIC SERVICE COMMITTEE, the following PETITIONS were GRANTED. Vt. 8/0. 18-07 Richard Shepard, Shepard’s Express, Inc.: Grant a sewer easement, over land owned by the City of Leominster for the installation and maintenance of a sewer connection to be utilized by the existing building located at 207 Mill Street. 21-07 National Grid and Verizon New England, Inc.: Central Street: Install two jointly owned poles and remove one jointly owned pole on Central Street beginning at a point approximately 40 feet north of the centerline of the intersection of Willard Street and continuing approximately 108 feet in a southerly direction. 22-07 National Grid and Verizon New England, Inc.: Willard Street: Install one jointly owned pole on Willard Street beginning at a point approximately 240 feet east of the centerline of the intersection of Central Street. 23-07 National Grid and Verizon New England, Inc.: Willard Street: Install one jointly owned pole on Willard Street beginning at a point approximately 148 feet north of the centerline of the intersection of Candlewood Drive. REGULAR MEETING OF THE CITY COUNCIL, OCTOBER 10, 2006, continued. Upon request of the LEGAL AFFAIRS COMMITTEE, the following COMMUNICATION was given FURTHER TIME. Vt. 8/0. C-17 Dean J. Mazzarella, Mayor: Amend Chapter 16, Section 16-34, of the Revised Ordinances to change the classification of Secretary (mayor’s secretary) from an S-3 to an S-4 and amend the job title to Mayoral Aide. Upon recommendation of the LEGAL AFFAIRS COMMITTEE, the following PETITION was GRANTED with conditions. (See hearing minutes page .) Vt. 8 “yeas.” 15-07 Daniel J. McCarty, Agent for 89 Commercial Road LLC: Grant a Special Permit to demolish the existing 33,264 square foot building and construct a new 20,300 square foot building at 89 Commercial Road as shown on Assessor’s Map 567 as lot 14 located in the Commercial Zone within the flood plain. Upon recommendation of the PUBLIC SAFETY AND CITY PROPERTY COMMITTEES, the following PETITION was GRANTED. Vt. 8/0. 24-07 Richard Marchand, Executive Director, Leominster Downtown Corporation: Request the use of the City Hall Parking Lot, the John Tata Auditorium, the City parking lot located between the First Church Unitarian and the First Baptist Church, Monument Square Park, and the city streets identified as the intersection of Main Street up West Street to School Street, Park Street from Main Street to West Street, and Church Street from the intersection of West Street to Merriam Avenue on Saturday the 15th day of September, 2007, with a rain date of Saturday the 29th day of September, 2007, between the hours of 5:00 A.M. to 6:00 P.M. to host the 14th Annual Johnny Appleseed Arts and Cultural Festival. Upon recommendation of the WAYS & MEANS COMMITTEE, the following APPOINTMENTS were CONFIRMED. Vt. 8 “yeas.” Election Officers 2006-2007 – Jeremiah E. Greene, Jr., Beatrice Robichaud, Elizabeth J. Buchanan, Jeffrey L. Rosenburg, Patricia Harvie, Laura Sykes, Dennis M. Lyddy Upon recommendation of a Majority vote of the FINANCE COMMITTEE, the following 2nd READING LOAN ORDER was ADOPTED. Vt. 7 “yeas” and 1 “nay”; Councillors Rosa opposed. A minority report to DENY was defeated. Vt. 1 “yea” and 7 “nays”; Councillors Tocci, Nickel, Rowlands, Freda, Dombrowski, Lanciani and Salvatelli opposed. 2nd Reading Loan Order - Ordered that the sum of $1,300,000.00 hereby be appropriated to pay additional costs of constructing, originally equipping and furnishing a new Library and for the payment of all other costs incidental and related thereto, and that to raise this appropriation, the Treasurer, with the approval of the Mayor, is authorized to borrow said amount under and pursuant to Chapter 44, Sections 7 and 8 of the General Laws, or pursuant to any other enabling authority, and to issue bonds or notes of the City therefore. Upon recommendation of the WAYS & MEANS COMMITTEE, the following ELECTION ORDER was ADOPTED. Vt. 8/0. CITY OF LEOMINSTER STATE ELECTION ELECTION ORDER NOVEMBER 7, 2006 ORDERED:- that the City Clerk be and she hereby is authorized and directed to notify and warn the voters of the City of Leominster to assemble in their respective polling places in the several wards and precincts of the City, designated by the City Council as follows: WARD 1A SKY VIEW MIDDLE SCHOOL 500 KENNEDY WAY WARD 1B SKY VIEW MIDDLE SCHOOL 500 KENNEDY WAY WARD 1C SKY VIEW MIDDLE SCHOOL 500 KENNEDY WAY WARD 2A SOUTHEAST ELEMENTARY SCHOOL 95 VISCOLOID AVENUE WARD 2B SOUTHEAST ELEMENTARY SCHOOL 95 VISCOLOID AVENUE WARD 2C SOUTHEAST ELEMENTARY SCHOOL 95 VISCOLOID AVENUE WARD 3A FRATERNAL ORDER OF EAGLES HALL 456 LITCHFIELD STREET REGULAR MEETING OF THE CITY COUNCIL, OCTOBER 10, 2006, continued. WARD 3B FRATERNAL ORDER OF EAGLES HALL 456 LITCHFIELD STREET WARD 3C FRATERNAL ORDER OF EAGLES HALL 456 LITCHFIELD STREET WARD 4A SENIOR CITIZEN DROP-IN CENTER 5 POND STREET WARD 4B LEOMINSTER VETERANS’ QUARTERS 100 WEST STREET WARD 4C LEOMINSTER VETERANS’ QUARTERS 100 WEST STREET WARD 5A AUDITORIUM, CITY HALL 25 WEST STREET WARD 5B AUDITORIUM, CITY HALL 25 WEST STREET WARD 5C FIRST BAPTIST CHURCH OF LEOMINSTER 23 WEST STREET On Tuesday, the 7th day of November 2006, then and there for the purpose of giving in their votes for the election of candidates for the following offices: Senator in Congress, Governor, Lieutenant Governor, Attorney General, Secretary of State, Treasurer, Auditor, Representative in Congress – 1st District, Councillor – 7th District, Senator in General Court – Worcester & Middlesex, Representative in General Court – 4th Worcester District, District Attorney – Middle District, Clerk of Courts, Worcester County Register of Deeds – Worcester North District. Question: #1 Sale of Wine by Food Stores, #2 Nomination of Candidates for Public Office, #3 Family Child Care Providers. And it is further ORDERED:- that the polls shall be opened at 7:00 A.M. and closed at 8:00 P.M. and that notice shall be given by publication of this order in a conspicuous place in the office of the City Clerk. Per Order Leominster City Council True Copy Attest: Lynn A. Bouchard, City Clerk Under New Business Councillor Rowlands asked if the Mayor had responded to the request for a meeting with the Mayor, Roger Brooks, Patrick LaPointe and the engineering firm representing the city regarding the DEP Consent Order. The City Clerk said the Mayor is waiting to confirm a date with all parties. Councillor Freda said she is not sure if she will be able to attend the meeting of Thursday night due to a prior commitment with the Rotary Club Interact dinner. MEETING ADJOURNED: 9:50 P.M. ________________________________________________ Lynn A Bouchard, City Clerk and Clerk of the City Council