City Council

REGULAR MEETING OF THE CITY COUNCIL, APRIL 23, 2007 Meeting called to order at 8:00 P.M. Attendance was taken by a roll call vote; all members present except Councillor Rowlands. The Committee on Records reported that the records through April 9, 2007 were examined and found to be in order. The records were accepted. Council President, Richard Marchand, reviewed the Parliamentary Procedures regarding the Minority and Majority reports coming out of Subcommittee meetings. Councillor Marchand said when the subcommittee meets the three members are responsible to come up with a resolution and when they come back to the council they should have a recommendation for the Council to vote on. Councillor Marchand said that the Minority report does not have a standing position for debate, but the Council may make a motion to allow the minority report to be read. Councillor Marchand said if the third member of the committee cannot attend the subcommittee meeting, he would be the third member. The following COMMUNICATIONS were received, referred to the FINANCE COMMITTEE and given REGULAR COURSE. C-126 Relative to the appropriation of $50,000.00 to the Assessors Revaluation Expense Account; same to be transferred from the Excess and Deficiency Account. C-127 Relative to the appropriation of $7,500.00 to the Municipal Building Expense Account; same to be transferred from the Excess and Deficiency Account. C-128 Relative to the appropriation of $2,000.00 to the Conservation Commission Expense Account; same to be transferred from the Wetland Fees Reserved for Appropriation Account. C-129 Relative to the appropriation of $3,.000.00 to the Conservation Commission Salary and Wages Account; same to be transferred from the Wetland Fees Reserved for Appropriation Account. C-130 Relative to the appropriation of $4,100.00 to the Highway Overtime Account; same to be transferred from the Excess and Deficiency Account. C-131 Relative to the appropriation of $7,500.00 to the Wire Department Overtime Account; same to be transferred from the Excess and Deficiency Account. C-132 Relative to the appropriation of $50,000.00 to the Fire Department Overtime Account; same to be transferred from the Excess and Deficiency Account. The following COMMUNICATION was received, referred to the LEGAL AFFAIRS COMMITTEE and given REGULAR COURSE. C-133 Dean J. Mazzarella: Request the authority (1) to acquire, by purchase, 28 +/- acres of land from the Trust for Public Land (Map 362, Lots 15 & 16) for open space and water supply protection purposes; and (2) to take by eminent domain, in order to confirm or clear title to 22 +/- acres acquired by the City of Leominster by deed for open space and water supply protection purposes (Map 512, Lot 3) (together, the “Properties”), said Properties to 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, said Properties to be held for said purposes under the care, custody and control of the City’s Department of Public Works, Water Division, acting by and through its Director, said Properties to be open to the general public for appropriate outdoor/recreational use while consistent with 310 CMR 22.00; and (3) to take any other action necessary to carry out this project and to accept a Drinking Water Supply Protection Grant and any other grants, reimbursements or payments or gifts of money and to enter on behalf of the City into all agreements and execute, acknowledge, deliver and/or record any and all instruments as may be necessary on behalf of the City to effect said purchase and/or taking and to comply with the requirements of any grant, reimbursement or purchase programs or gifts, with respect to the project; and further request that the Council take the above-referenced 22 +/- acres for the purpose of confirming or clearing the City’s title to said land, and authorize the President to sign an Order of Taking. The following PETITION was received, referred to the PUBLIC SERVICE COMMITTEE, given REGULAR COURSE and referred to the Department of Public Works, the Water and Sewer Commission and the City Solicitor. 79-07 Susan Perkins, New England Fun Centers, Roll On America: Allow Roll On America, 90 Duval Road, Lancaster, to connect into the Leominster water system. The following PEITITONS were received, referred to the WAYS & MEANS COMMITTEE, given REGULAR COURSE and referred to the Treasurer. 80-07 Leroy J. Dimauro: Renew the second hand dealers license for the premises located at 609 Main Street. 81-07 Michael Nichols: Renew the second hand dealers license for Game Stop, Store #1485, located at 26 Orchard Hill Drive. 82-07 Michael Nichols: Renew the second hand dealers license for Game Stop, Store #3594, located at 100 Commercial Road. REGULAR MEETING OF THE CITY COUNCIL, APRIL 23, 2007, continued. The following PETITIONS were received, referred to the WAYS & MEANS COMMITTEE, given REGULAR COURSE and referred to the Starburst Committee. 83-07 Kevin Skelly: Grant a Hawkers & Peddlers license to sell balloons and novelties at the annual Starburst Festival to be held June 9, 2007. 84-07 Jacqueline Quinn: Grant a Hawkers & Peddlers license to sell balloons and novelties at the annual Starburst Festival to be held June 9, 2007. 85-07 Michael Quinn: Grant a Hawkers & Peddlers license to sell balloons and novelties at the annual Starburst Festival to be held June 9, 2007. The following PETITIONS were received, referred to the WAYS & MEANS COMMITTEE and given REGULAR COURSE. 86-07 Rosario Palermo and Ralph Romano: Renew license for one pool table at Foggia Hall, 153 Lancaster Street. 87-07 Mary T. Jean: Request to set forth a reasonable yearly stipend for participation on the School Committee for elected members. The following APPOINTMENTS were received, referred to the WAYS & MEANS COMMITTEE and given REGULAR COURSE. Board of Assessors – term to expire April 15, 2010 James R. Dillon Registrar of Voters – term to expire April 15, 2010 Ann B. Mahan The following ONE YEAR APPOINTMENTS were received, referred to the WAYS & MEANS COMMITTEE and given REGULAR COURSE. Fence Viewers - John LaRose Forest Warden – Paul Kennedy Insect and Pest Control - Ralph Persons Supt. Gypsy & Brown Tail Moths - Ralph Persons Veterans Care of Graves - Ralph Sacramone Weigher of Beef - Michael Ciccolini Sealer of Weights & Measures - Joseph Quinn Weigher of Chemicals - Delta Bulk Packaging Weigher of Hay - Henry LaRose Trustees of Soldiers Memorials - Kenneth Gurge Emergency Management – Assistant Directors - James LeBlanc, Richard Gauvin Emergency Management – Deputy Directors - Mark Lavoie, Thomas Piper, Daniel Thibodeau , Mark Darrigo Emergency Management - Auxiliary Police Officers - Nikito Baker, Scott A Boutell, Ryan N. Caneen , John Caron, Reginald A. Cortana, Donn A. Deane, Justin E. Doyle, Michael J. Fazio, Vincente L. Figueroa, Kara L. Hartung, Eric C. Millar, Karen Nesbitt, Justin P. Nichols, Thomas Piper Upon recommendation of the WAYS & MEANS COMMITTEE the following RE-APPOINTMENT was CONFIRMED. Vt. 8 “yeas.” Conservation Commission – terms to expire April 15, 2010 Scott Buchanan Upon recommendation of the WAYS & MEANS COMMITTEE the following APPOINTMENT was CONFIRMED. Vt. 8 “yeas.” Conservation Commission – term to expire April 15, 2010 Mary Charpentier REGULAR MEETING OF THE CITY COUNCIL, APRIL 23, 2007, continued. Upon recommendation of the FINANCE COMMITTEE the following COMMUNICATIONS were GRANTED and ORDERED. Vt. 8 “yeas.” C-115 Relative to the appropriation of $3,500.00 to the Forestry Salary and Wages Account; same to be transferred from the Collective Bargaining Expense Account. ORDERED: that the sum of Three Thousand Five Hundred Dollars ($3,500.00) be appropriated to the Forestry Salary and Wages Account; same to be transferred from the Collective Bargaining Expense Account. C-116 Relative to the appropriation of $3,000.00 to the Cemetery Overtime 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 Cemetery Overtime Account; same to be transferred from the Excess and Deficiency Account. C-117 Relative to the appropriation of $1,250.00 to the Cemetery Expense Account; same to be transferred from the Excess and Deficiency Account. ORDERED: that the sum of One Thousand Two Hundred Fifty Dollars ($1,250.00) be appropriated to the Cemetery Expense Account; same to be transferred from the Excess and Deficiency Account. C-118 Relative to the appropriation of $2,500.00 to the Cemetery Expense Account; same to be transferred from the Emergency Reserve Account. ORDERED: that the sum of Two Thousand Five Hundred Dollars ($2,500.00) be appropriated to the Cemetery Expense Account; same to be transferred from the Emergency Reserve Account. C-119 Relative to the appropriation of $2,500.00 to the Cemetery Expense Account; same to be transferred from the Cemetery Perpetual Care Income Trust Fund. ORDERED: that the sum of Two Thousand Five Dollars ($2,500.00) be appropriated to the Cemetery Expense Account; same to be transferred from the Cemetery Perpetual Care Income Trust Fund. C-120 Relative to the appropriation of $3,750.00 to the Cemetery Salary & Wages Account; same to be transferred from the Collective Bargaining Expense Account. ORDERED: that the sum of Three Thousand Seven Hundred Fifty Dollars ($3,750.00) be appropriated to the Cemetery Salary and Wages Account; same to be transferred from the Collective Bargaining Expense Account. C-121 Relative to the appropriation of $16,350.00 to the Highway Regular Labor Account; same to be transferred from the Collective Bargaining Expense Account. ORDERED: that the sum of Sixteen Thousand Three Hundred Fifty Dollars ($16,350.00) be appropriated to the Highway Regular Labor Account; same to be transferred from the Collective Bargaining Expense Account. C-122 Relative to the appropriation of $12,500.00 to the Water Department Regular Labor Account; same to be transferred from the Water Department Support Services Expense Account. ORDERED: that the sum of Twelve Thousand Five Hundred Dollars ($12,500.00) be appropriated to the Water Department Regular Labor Account; same to be transferred from the Water Department Support Services Expense Account. C-123 Relative to the appropriation of $3,250.00 to the Sewer Department Salary & Wages Account; same to be transferred from the Sewer Expense Account. ORDERED: that the sum of Three Thousand Two Hundred Fifty Dollars ($3,250.00) be appropriated to the Sewer Department Salary & Wages Account; same to be transferred from the Sewer Expense Account. C-124 Relative to the appropriation of $20,000.00 to the Snow and Ice Expense Account; same to be transferred from the Excess and Deficiency Account. ORDERED: that the sum of Twenty Thousand Dollars ($20,000.00) be appropriated to the Snow and Ice Expense Account; same to be transferred from the Excess and Deficiency Account. C-125 Relative to the appropriation of $12,000.00 to the Snow and Ice Overtime 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 Snow and Ice Overtime Account; same to be transferred from the Excess and Deficiency Account. Upon request of the PUBLIC SERVICE COMMITTEE, the following PETITION was TABLED for study. Vt. 8/0. 70-07 Sharon Pelletier, et al: Accept Autumn Hill as a public street. REGULAR MEETING OF THE CITY COUNCIL, APRIL 23, 2007, continued. Upon request of the LEGAL AFFAIRS COMMITTEE the following PETITION was given FURTHER TIME. Vt. 8/0. 71-07 Sarah Johnson: Change the winter parking ban so it is only in effect when there may be snow. Upon recommendation of the WAYS & MEANS COMMITTEE the following PETITION was GRANTED. Vt. 7/0; Councillor Dombrowski abstained due to possible conflict of interest. 72-07 Craig Long: Renew license for two pool tables at Jake’s Pub Inc., 1293 Main Street. Upon recommendation of the WAYS & MEANS COMMITTEE the following PETITIONS were GRANTED. Vt. 8/0. 73-07 Aime Lemoine: Renew license for one pool table at Seven R’s, d/b/a A & R’s Double Inn, 166 Water Street. 74-07 Phillip McBain: Renew license for two pool tables at Captain’s Lounge, 1536 Main Street. 75-07 Kym LeBlanc: Renew license for one pool table at the Tankard, 13 Central Street. 76-07 Michael Sardellis: Renew license for two pool tables at Chris’ Twins Café, 488 Lancaster Street. 77-07 Mark Gordon, Gordon Lasalle Music, Inc: Renew the second hand dealer’s license for the premises located at Twin City Plaza. 78-07 Mark & Robyn Ellis, Ellis Marine Supply Partnership: Renew the second hand dealer’s license for the premises located at 646 Central Street. The following is a report of the President’s Drinking Water Oversight Committee: Councillor Nickel said he has been working through the clerk’s office checking schedules for the meeting on May 2, 2007. He said letters have been sent out requesting people to be present at the meeting. Councillor Nickel said he spoke to Mr. Piermarini and that the meeting will be on LATV. Councillor Nickel said that Councillor Rowlands asked for a copy of the original contract with Violia water. This is a 20 year contract and is very thick and that Violia Water said they would have a copy available at the meeting. Councillor Nickel said he is also trying to get information regarding the combined water and sewer drainage system in Fitchburg which was leaking into a tributary and will continue watching that stream and make sure testing is done on it. Councillor Marchand said the meeting for the Drinking Water Oversight Committee will be on May 2, 2007 at 6:30 P.M. in the City Council Chambers and will be open to the public. Under Old Business Councillor Tocci said that they need to reestablish a hearing date for Petition #58-07 and would like to continue the hearing on May 14, 2007 at 7:15 P.M. and asked that it be placed on the agenda under Tabled Petitions for that evening. The following ORDINANCE was read once, adopted as presented and ordered published. A hearing was scheduled for May 14, 2007 at 7:30 P.M. Vt. 8 “yeas.” 1st Reading Ordinance – Amend Chapter 13, Section 13-34 of the Revised Ordinances entitled “No Parking on Certain Streets” by inserting Vinton Street (both sides), from intersection with Mechanic Street in a southwesterly direction for a distance of twenty feet and Mechanic Street (south side), beginning at the intersection with Vinton Street in an easterly direction for a distance of twenty feet. Councillor Marchand said he wanted to commend all the openings of the Little League, Lassie League and all the other leagues that are starting up. He said that it is so amazing the amount of people who volunteer and the amount of hours that they put in. He wanted to extend his thanks to all the leagues and all of the volunteers who make this possible. Councillor Marchand said the following are upcoming events: April 28, 2007 City Wide City Pride Clean Up Day @ 8:00 A.M. April 29, 2007 Lassie League Opening Day @ 12:00 P.M. May 23rd, 25th, 28th Memorial Day Activities Councillor Nickel wanted to express his sincere thanks to the departments that helped out during the recent flooding in the city. He said the Police Department, Fire Department, Civil Defense and the Department of Public Works did a wonderful job in cleaning up and fixing pot holes. REGULAR MEETING OF THE CITY COUNCIL, APRIL 23, 2007, continued. Councillor Rosa, Chair of the FINANCE COMMITTEE, moved that the following COMMUNICATION be removed from the table and placed on the calendar for action. It was so voted 8/0. Committee reports as follows: C-94 Relative to the appropriation of $212,500.00 to the School Department Capital Outlay Expense Account; same to be transferred from the Excess and Deficiency Account. FURTHER TIME. Vt. 8 “yeas.” MEETING ADJOURNED: 8:53 P.M. ________________________________________________ Lynn A Bouchard, City Clerk and Clerk of the City Council