City Council

HEARING BEFORE THE CITY COUNCIL, DECEMBER 11, 2006 Hearing opened at 7:15 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. 35-07 National Grid: Fourth Street: Install one solely owned pole on Fourth Street beginning at a point approximately 123 feet north of the centerline of the intersection of Ridge Street. Ken Dobie from National Grid was present. Mr. Dobie said that they need to remove tree guide wire and put a support pole in its place on the side of the road. No councilors spoke. HEARING ADJOURNED at 7:17 P.M. Lynn A. Bouchard, City Clerk and Clerk of the City Council HEARING BEFORE THE CITY COUNCIL, DECEMBER 11, 2006 Hearing opened at 7:20 P.M. with Councillor Dombrowski, Clerk of the Legal Affairs Committee, presiding. All members were present except Councillor Marchand. The following ORDINANCE was the subject of the hearing. Relative to amending Chapter 16, Section 16-34 of the Revised Ordinances entitled “Classification of Positions” by deleting the classification of Secretary (mayor’s secretary) – S3 and inserting in its place Mayoral Aide – S4. (Legal Affairs # C-17) No one in the audience spoke in favor or opposition. No Councillors spoke. HEARING ADJOURNED: 7:22 P.M. Lynn A. Bouchard, City Clerk and Clerk of the City Council REGULAR MEETING OF THE CITY COUNCIL, DECEMBER 11, 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 from November 27, 2006 and November 30, 2006 were examined and found to be in order. The records were accepted. A recess was called at 8:01 to continue the public forum. Meeting was reconvened at 8:09 P.M. and 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. 8 “yeas.” Councillor Salvatelli said the regular meeting would continue at the conclusion of the Executive Session. Meeting reconvened at 8:39 P.M. The following COMMUNICATIONS were received, referred to the FINANCE COMMITTEE and given REGULAR COURSE. C-55 Relative to the appropriation of $35,000.00 to the Economic Development Expense Account; same to be transferred from the Excess and Deficiency Account. C-56 Relative to the appropriation of $215,104.00 to the Fire Department Salary and Wages Account; same to be transferred from the Collective Bargaining Expense Account. C-57 Relative to the appropriation of $106,126.00 to the various General Fund Departmental Salary and Wages Accounts; same to be transferred from the Collective Bargaining Expense Account. C-58 Relative to the appropriation of $7,888.40 to the Water Department Salary and Wages Account; same to be transferred from the Water Support Services Expense Account. C-59 Relative to the appropriation of $2,393.00 to the Sewer Department Salary and Wages Account; same to be transferred from the Sewer Department Expense Account. The following COMMUNICATION was received, referred to the WAYS & MEANS COMMITTEE and given REGULAR COURSE. C-60 Relative to the appropriation of $7,171.50 to the C.D.B.G. Accounts; (Administration Salary and Wages - $2,506.00, Housing Rehab Salary and Wages - $1,882.50, Code Enforcement Salary and Wages - $1,463.00 and Economic Development Salary and Wages - $1,320.00) same to be transferred from the same C.D.B.G. Accounts. The following COMMUNICATIONS were received, referred to the WAYS & MEANS AND LEGAL AFFAIRS COMMITTEES, given REGULAR COURSE and referred to the Comptroller, Treasurer and Mayor. C-61 Dean J. Mazzarella, Mayor: Amend Section 16-30 of the Revised Ordinances by deleting Schedules (A) in its entirety and inserting in its place a new schedule (a)(1), (b)(1) and (c)(1) to increase salaries and wages of S-1 thru S-10 salaried positions by 3% effective 7-1-2006; 5% effective 7-1-2007; and 4% effective 7-1-2008. REGULAR MEETING OF THE CITY COUNCIL, DECEMBER 11, 2006, continued C-62 Dean J. Mazzarella, Mayor: Amend Section 16-30 of the Revised Ordinances by deleting Schedule F in its entirety and inserting in its place a new Schedule F (2)(a), (2)(b) and (2)(c) increasing the pay scales for F-1 thru F-5 by 3% effective 7-1-2006; 5% effective 7-1-2007 and 4% effective 7-1-2008. C-63 Dean J. Mazzarella, Mayor: Amend Section 16-13 of the Revised Ordinances entitled “Vacations” by deleting paragraph (8) in its entirety and inserting in its place a new paragraph (8) allowing employees with four or more weeks vacation in any calendar year to buy back up to ten days of vacation time effective July 1, 2006. The following COMMUNICATION was received under Suspension of the Rules, referred to the FINANCE COMMITTEE and given REGULAR COURSE. Vt. 8/0. C-64 Relative to the appropriation of $120,000.00 to the Police Salary and Wages Account; same to be transferred from the Collective Bargaining Account. The following APPOINTMENT was received under Suspension of the Rules, referred to the WAYS & MEANS COMMITTEE and given REGULAR COURSE. Vt. 8/0. Leominster Fire Department – Permanent Firefighter – Nicholas Miller The following PETITION was received, referred to the LEGAL AFFAIRS COMMITTEE, given REGULAR COURSE and referred to the Building Inspector, the Planning Department, the Zoning Board of Appeals and the Recreation Commission. 39-07 James N. Cavaioli and ten registered voters: Amend Section 22-26, of the Leominster Zoning Ordinances entitled “Table of Uses” to allow athletic training/playing facilities in an industrial zone district as a use allowed by right. The following PETITIONS were received, referred to the PUBLIC SAFETY COMMITTEE, given REGULAR COURSE and referred to the Department of Public Works. 40-07 Wayne Nickel: Place a street light on pole #58 on Mechanic Street. 41-07 Wayne Nickel: Place a street light on pole #9 on Lorchris Street. The following PETITION was received, referred to the WAYS & MEANS COMMITTEE, given REGULAR COURSE and referred to the City Comptroller. 42-07 Wayne Nickel: Increase the salary of the City Council by $1,500.00 effective January 1, 2008, $1,500.00 effective July 1, 2008 and on an annual basis, beginning January 1, 2009, a percentage increase of the salary will be based on the annual consumer price index (CPI-U) of the previous calendar year, with a minimum of no increase and a maximum of 5%. The following PETITION was received, referred to the WAYS & MEANS COMMITTEE, given REGULAR COURSE and referred to the Building Inspector, the Police Department and the Treasurer. 43-07 Carel Ward: Request a second hand dealers license for Carel Consignment Shop, located at 1330 Central Street. Upon recommendation of the FINANCE COMMITTEE, the following COMMUNICATION was GRANTED and ORDERED. Vt. 7 “yeas” and 1 “nay”; Councillor Rowlands opposed. C-28 Relative to the appropriation of $594,918.64 to the School Department Transportation Expense Account; same to be transferred from the Excess and Deficiency Account. ORDERED: that the sum of Five Hundred Ninety Four Thousand Nine Hundred Eighteen Dollars and Sixty Four Cents ($594,918.64) be appropriated to the School Department Transportation 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. 8 “yeas.” C-29 Relative to the appropriation of $316,980.11 to the Water Department Capital Outlay Expense Account; same to be transferred from the Excess and Deficiency Account. ORDERED: that the sum of Three Hundred Sixteen Thousand Nine Hundred Eighty Dollars and Eleven Cents (316,980.11) be appropriated to the Water Department Capital Outlay Expense Account; same to be transferred from the Excess and Deficiency Account. REGULAR MEETING OF THE CITY COUNCIL, DECEMBER 11, 2006, continued C-30 Relative to the appropriation of $5,000.00 to the Building Inspectors Expense Account; same to be transferred from the Excess and Deficiency Account. ORDERED: that the sum of Five Thousand Dollars ($5,000.00) be appropriated to the Building Inspectors 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. 5 “yeas” and 3 “nays”; Councillors Rowlands, Dombrowski and Salvatelli opposed. C-31 Relative to the appropriation of $130,000.00 to the Debt Service Principle Expense Account; same to be transferred from the Excess and Deficiency Account. ORDERED: that the sum of One Hundred Thirty Thousand Dollars ($130,000.00) be appropriated to the Debt Service Principle 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. 8 “yeas.” C-33 Relative to the appropriation of $120,000.00 to the School Department Expense Account; same to be transferred from the Excess and Deficiency Account. ORDERED: that the sum of One Hundred Twenty Thousand Dollars ($120,000.00) be appropriated to the School Department Expense Account; same to be transferred from the Excess and Deficiency Account. Upon recommendation of a Majority vote of the FINANCE COMMITTEE, the following COMMUNICATION was GRANTED and ORDERED. Vt. 5 “yeas” and 3 “nays”; Councillors Rowlands, Dombrowski and Salvatelli opposed. A minority report to TABLE was denied. Vt. 3 “yeas” and 5 “nays”; Councillors Tocci, Nickel, Freda, Lanciani and Rosa opposed. C-37 Relative to the appropriation of $120,000.00 to the DPW Capital Outlay 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. 8 “yeas.” C-40 Relative to the appropriation of $12,000.00 to the Emergency Management Expense Account; same to be transferred from the Excess and Deficiency Account. ORDERED: that the sum of Twelve Thousand Dollars ($12,000.00) be appropriated to the Emergency Management Expense Account; same to be transferred from the Excess and Deficiency Account. C-51 Relative to the appropriation of $7,800.00 to the Municipal Building Salary and Wages Account; same to be transferred from the Excess and Deficiency Account. ORDERED: that the sum of Seven Thousand Eight Hundred Dollars ($7,800.00) be appropriated to the Municipal Building Salary and Wages Account; same to be transferred from the Excess and Deficiency Account. C-52 Relative to the appropriation of $1,000.00 to the Recreation 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 Recreation Department Expense Account; same to be transferred from the Excess and Deficiency Account. RE: These funds are to be used for a new ice rink liner at Carter Park. C-53 Relative to the appropriation of $4,000.00 to the Park Maintenance Overtime Expense Account; same to be transferred from the Excess and Deficiency Account. ORDERED: that the sum of Four Thousand Dollars ($4,000.00) be appropriated to the Park Maintenance Overtime Expense Account; same to be transferred from the Excess and Deficiency Account. Upon recommendation of the FINANCE COMMITTEE, the following COMMUNICATION was GRANTED. Vt. 8/0. C-54 Dean J. Mazzarella: Request that the Snow and Ice Expense Account be authorized to incur liability and make expenditures in excess of appropriations up to an amount not to exceed $250,000.00 as authorized by Chapter 44, Section 31D of the Massachusetts General Laws. REGULAR MEETING OF THE CITY COUNCIL, DECEMBER 11, 2006, continued Upon recommendation of the PUBLIC SERVICE COMMITTTEE, the following PETITION was GRANTED. Vt. 8/0. 35-07 National Grid: Fourth Street: Install one solely owned pole on Fourth Street beginning at a point approximately 123 feet north of the centerline of the intersection of Ridge Street. Upon request of the LEGAL AFFAIRS COMMITTEE, the following PETITIONS were given FURTHER TIME. Vt. 8/0. 36-07 Roger H. Brooks: Increase the water user rate from $1.75 to $2.15 effective January 1, 2007 due to declining consumption and pending expenses necessary to comply with the Safe Drinking Water Act. 38-07 Segundo Gutierrez, Jr., on behalf of Ronald C. Largey: Grant a Special Permit to use an existing building located at 146 Hamilton Street, located in an Industrial zone and shown of Assessor’s Map 238 as Lot 6, for an auto repair garage. (A hearing is scheduled for January 8, 2007 at 7:15 P.M.) Upon request of the LEGAL AFFAIRS AND WAYS & MEANS COMMITTEES, the following PETITION was given FURTHER TIME. Vt. 8/0. C-48 Dean J. Mazzarella, Mayor: Accept the Intermunicipal Agreement between the City of Leominster and the Town of Lancaster which outlines the terms and conditions of providing wastewater treatment services to the Town of Lancaster. The following ORDINANCE was read a second time, adopted as presented and passed to be ordained. Vt. 8 “yeas.” THE CITY OF LEOMINSTER In the year two thousand and six AN ORDINANCE Amending Chapter 21 of the Revised Ordinances entitled “Classification of Positions.” Be it ordained by the City Council of the City of Leominster as follows: Chapter 16, Section 16-34 of the Revised Ordinances entitled “Classification of Positions” is hereby amended by deleting the following classification: Secretary (mayor’s secretary) - S-3 And further by inserting in its place the following classification: Mayor Aide - S-4 _____________________________________________________________ Under Old Business Councillor Lanciani said it was his pleasure to give the Council President, Robert Salvatelli, the book “History of Leominster”, on behalf of the City Council, in appreciation for his two years of service as Council President. Lynn Bouchard, City Clerk, presented the Council President, Robert Salvatelli, with a plaque and gavel in recognition of his two years of service as City Council President. Councillor Rowlands said he wanted to thank Councillor Salvatelli for being patient with him and he appreciates his guidance. He said he liked the way he represented the Council and said he thinks he did a great job. Councillor Dombrowski made a motion to request that the Mayor provide the Council with a Capital Outlay Plan that conforms with Section 6.4 of the City Charter. Motion adopted. Vt. 8/0. Council President, Robert Salvatelli, said he wants to thank all the Councillors and their Committees for working so hard these last two years. He said it has been an honor to be here. MEETING ADJOURNED: 10:30 P.M. ________________________________________________ Lynn A Bouchard, City Clerk and Clerk of the City Council