City Council

HEARING BEFORE THE CITY COUNCIL, NOVEMBER 24, 2008 Hearing opened at 6:55 P.M. with Councillor Nickel, Chair of the Public Service Committee presiding. All members were present. Councillor Freda arrived late. The following PETITION was the subject of the hearing: 20-09 National Grid and Verizon New England, Inc: Lanides Lane: Install two jointly owned poles on Lanides Lane beginning at a point approximately 962 feet north of the centerline of the intersection of Hamilton Street and continuing approximately 150 feet in a northerly direction. David Bredner, Senior Operations Design Technician for National Grid, said the two poles on Lanides Lane are for an extension of their primary lines to feed a pumping station. No one spoke in favor or in opposition of this petition. No Councillors spoke. HEARING ADJOURNED AT 6:57 P.M. _____________________________ Lynn A. Bouchard, City Clerk and Clerk of the City Council HEARING BEFORE THE CITY COUNCIL, NOVEMBER 24, 2008 Hearing opened at 7:02 P.M. with Councillor Rowlands, Chair of the Legal Affairs Committee presiding. All members were present. The following ORDINANCE was the subject of the hearing: Relative to amending Chapter 21, Article II of the Revised Ordinances entitled “Water Department” by adding Section 21-13.2 “Water Line and Sewer Main Line Protection Plans” which establishes standards and minimum requirements for persons or businesses that seek to offer water line and/or sewer main line protection plans to homeowners. No one spoke in favor or in opposition of this petition. No Councillors spoke. HEARING ADJOURNED AT 7:05 P.M. _____________________________ Lynn A. Bouchard, City Clerk and Clerk of the City Council HEARING BEFORE THE CITY COUNCIL, NOVEMBER 24, 2008 Hearing opened at 7:15 P.M. with Councillor Rosa, Chair of the Finance Committee presiding. All members were present. Present at the hearing were Chief Assessor Walter Poirier, Christopher Paquette, Assessor and James Dillon, Assessor. The following PETITION was the subject of the hearing: C-20 Relative to determining the factor to be used in setting the Fiscal Year 2009 tax rate. Mr. Poirier said this is the third year using this format. He said this is one of those years that values go down and tax rates go up. He said what is occurring, not only in our community, is values are dropping. He said the largest decrease is in the residential sector but there is a caveat that when we value property we are two years behind the market. This is based on calendar year 2007 sales and not what is current. These are not based on foreclosures and they have no bearing on us at this point in time. He said for Fiscal Year 2009 this was a recertification year and we had to certify with the State and the values have been certified for this year. HEARING BEFORE THE CITY COUNCIL, NOVEMBER 24, 2008, continued Mr. Poirier said at one point we were 82-83 % residential and 17% commercial/industrial and now we are back to 79% residential and 21% commercial/industrial primarily due to the last four years of steady commercial growth. He said the primary growth of Forty Million Dollars for commercial/industrial value was due to the two large projects on Route 117. Mr. Poirier said the City is in good financial shape and we have roughly $5.2 million in excess levy capacity. With the single rate of a factor of one the tax rate will be $12.03. He said last year it was $11.25. Councillor Rowlands asked if the classification of commercial and industrial had anything to do with zoning. Mr. Poirier said by Massachusetts General Law they are required to assess according to use and it doesn’t matter what the zoning is. Councillor Rowlands asked if an office building like Fidelity Bank would be commercial or industrial. Mr. Poirier said it is a commercial building which is an office building that is a class 340. Councillor Rowlands said so that falls under commercial. Mr. Poirier said correct. Councillor Salvatelli said it looks like the commercial growth jumped $40 million along Route 117 alone, is my math incorrect? Councillor Rowlands said that is new growth this year. Mr. Poirier said correct. Councillor Salvatelli asked how much it went up. Mr. Poirier said the commercial alone has gone up $40 million. Councillor Salvatelli asked how much of that was on Route 117. Mr. Poirier said $24-$25 million from Wal-Mart and Lowe’s. He said there is also a large site on Route 117 and Wal-Mart is listed on Jungle Road. Councillor Salvatelli asked where the other $15 million comes from. Mr. Poirier said that comes from new buildings like PetSmart. Councillor Salvatelli asked if Orchard Hill Park is fully taxed right now. Mr. Poirier said everything was taxable for this fiscal year. He said Best Buy was on a parcel with the Lisciotti Development office last year. He said this year it was separated and they each are on their own parcel. Councillor Salvatelli asked how much Orchard Hill Park was worth. Mr. Poirier said about $30 million. Target alone is about $11-$12 million. Councillor Salvatelli said that it’s as big as the Route 117 project. Mr. Poirier said pretty much, the vacant pad site that is available right next to Wal-Mart on New Lancaster Road is a new parcel. Councillor Salvatelli inquired about the 85 acres that is owned by Keating. Mr. Poirier said that is industrial. It has to be valued industrial because mining, which they do, is a class 400. David Mc Keehan from the Chamber of Commerce praised the Council for the good work over the years. Edward Gagne, 29 North Meadow Road spoke on how the Council affects the revenue side of Leominster’s financing. He spoke on the land at Searstown Mall and the tax revenue. He thanked the Council for their positive contribution. Mr. Poirier said the only time zoning comes into play is with vacant land. Councillor Rowlands said the category of commercial is very large and asked if there is a way to differentiate between a store and an office park. Mr. Poirier said absolutely, the State has classification codes that need to be followed which are on line or you can come to his office for a copy. He said there are about 60-70 codes for just commercial and they are grouped in types. HEARING ADJOURNED AT 7:42 P.M. _____________________________ Lynn A. Bouchard, City Clerk and Clerk of the City Council REGULAR MEETING OF THE CITY COUNCIL, NOVEMBER 24, 2008 Meeting called to order at 8:00 P.M. Attendance was taken by a roll call vote; all members were present. Recessed at 8:02 P.M. to allow Patrick LaPointe and Roger Brooks to speak regarding the sewer rates. Reconvened at 9:15 P.M. The following COMMUNICATIONS were received, referred to the FINANCE COMMITTEE, and given REGULAR COURSE. C-38 Relative to the appropriation of $36,480.00 to the Doyle Field Capital Outlay Expense Account; same to be transferred from the Excess and Deficiency Account. C-39 Relative to the appropriation of $10,000.00 to the Sidewalk and Curbing Expense Account; same to be transferred from the Excess and Deficiency Account. C-40 Relative to the appropriation of $2,000.00 to the Cemetery Expense Account; same to be transferred from the Cemetery Perpetual Care Income Account. C-41 Relative to the appropriation of $3,000.00 to the Sanitation Drainage Expense Account; same to be transferred from the Excess and Deficiency Account. C-42 Mayor Dean J. Mazzarella: Request that a Tourism Donation Account be established as authorized by Massachusetts General Law, Chapter 44, Section 53A. C-43 Mayor 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 31 of the Massachusetts General Laws. The following COMMUNICATION was received under SUSPENSION OF THE RULES, referred to the FINANCE COMMITTEE and given REGULAR COURSE. Vt. 9 “yeas” C-44 Relative to the appropriation of $5,139.00 to the Highway Labor Account; same to be transferred from the Excess and Deficiency Account. The following PETITIONS were received, referred to the WAYS & MEANS COMMITTEE and given REGULAR COURSE. 29-09 Wayne Nickel: Amend the City Council rule #11 by deleting Robert’s Rules of Parliamentary Procedure and replacing with Mason’s Manual of Legislative Procedure. 30-09 Wayne Nickel: Amend the City Council Rules and Procedures to enable the City Council President to appoint additional members to a committee as a consulting member. Consulting members shall not be a voting member of the committee. 31-09 Claire M. Freda: Amend the Council Rules of Procedure to create a committee of the whole where a subcommittee meeting would be in compliance with the Open Meeting Law when more than the Subcommittee is in attendance creating a joint meeting. The Clerk would post all subcommittee meetings as joint meetings of the City Council and subcommittees to comply with the Open Meeting Law. The following APPOINTMENT was received, referred to the WAYS & MEANS COMMITTEE and given REGULAR COURSE. Disability Commission – Kathryn Neel - term to expire April 15, 2009 Councillor Rosa, Chairman of the Finance Committee, read the Financial Report for the City into the record. Account balances are as follows: Excess and Deficiency Account (Free Cash) $3,496,314.50 Emergency Reserve Account $10,900.00 Stabilization Account $8,814,399.72 Interest earned for FY-09 $80,929.75 Upon recommendation of the FINANCE COMMITTEE, the following COMMUNICATIONS were GRANTED and ORDERED. Vt. 9 “yeas” C-35 Relative to the appropriation of $9,500.00 to the Municipal Building Expense Account; same to be transferred from the Excess and Deficiency Account. REGULAR MEETING OF THE CITY COUNCIL, NOVEMBER 24, 2008, continued ORDERED: - that the sum of Nine Thousand Five Hundred Dollars ($9,500.00) be appropriated to the Municipal Building Expense Account; same to be transferred from the Excess and Deficiency Account. RE: Replacement carpets in several areas of City Hall C-36 Relative to the appropriation of $1,850,000.00 to the Contributory Retirement Expense Account; same to be transferred from the follow Miscellaneous General Fund Expense Accounts: OPEB Contributions Expenses – Current Year $1,000,000.00 OPEB Contributions Expenses – Prior Year $ 505,000.00 Group Insurance Expenses – Prior Year $ 345,000.00 ORDERED: - that the sum of One Million Eight Hundred Fifty Thousand Dollars ($1,850,000.00) be appropriated to the Contributory Retirement Expense Account; same to be transferred from the Miscellaneous General Fund Expense Account As listed: OPEB Contributions Expenses – Current Year $1,000,000.00 OPEB contributions Expenses – Prior Year $ 505,000.00 Group Insurance Expenses – Prior Year $ 345,000.00 C-37 Relative to the appropriation of $23,795.00 to the Mayor’s Salary and Wages Account; same to be transferred from the Excess and Deficiency Account. ORDERED: - that the sum of Twenty Three Thousand Seven Hundred Ninety Five Dollars ($23,795.00) be appropriated to the Mayor’s Salary and Wages Account; same to be transferred from the Excess and Deficiency Account. RE: Funds are to be utilized to hire a grant writer for the City of Leominster (S-7). These funds will cover the salary and wages for this petition for the remainder of the fiscal year. Upon recommendation of the PUBLIC SERVICE COMMITTEE, the following PETITION was GRANTED. Vt. 9/0 20-09 National Grid and Verizon New England, Inc: Lanides Lane: Install two jointly owned poles on Lanides Lane beginning at a point approximately 962 feet north of the centerline of the intersection of Hamilton Street and continuing approximately 150 feet in a northerly direction. Upon recommendation of the LEGAL AFFAIRS COMMITTEE, the following PETITION was given FURTHER TIME. Vt. 8/0, Councillor Nickel abstained due to a possible conflict of interest. 103-08 Gail M. Allen, Chairman of the Board of Trustees and Patrick L. Muldoon, President and Chief Executive Officer, Health Alliance: Modify the Health Care Overlay District, Article XIII as shown on a plan entitled “Modification to the Health Care Overlay District, Article XIII” (The hearing is continued to December 8, 2008 at 6:50 P.M.) A motion to amend the following PETITION to read “per unit effective from October 1, 2008 to June 30, 2008.” was DENIED. Vt. 5 “yeas” and 4 “nays”; Councillors Salvatelli, Tocci, Nickel, Freda and Lanciani opposed. Upon recommendation of the LEGAL AFFAIRS COMMITTEE, the following PETITION was GRANTED. Vt. 7 “yeas” and 2 “nays”; Councillors Rosa and Rowlands opposed. 84-08 Roger Brooks: Amend Chapter 21, Section 21-22.3 entitled “Sewer User Rate Schedule” to increase the in city rate from $1.70 per unit to $2.30 per unit and the out of city rate from $4.00 per unit to $5.40 per unit effective October 1, 2008. Upon recommendation of the LEGAL AFFAIRS COMMITTEE, the following PETITION was GRANTED. Vt. 5 “yeas”; Councillors Nickel, Freda, Dombrowski and Marchand abstained as they were not present at the hearing. 17-09 Elizabeth Kelley, agent for Walton Whitney Investors V, LLC: Grant a Special Permit for emergency repairs to an eroded section of the Nashua River dike as shown on Assessor’s Map 567 as lots 12, 2C, 5, 13, and 19, located within the flood plain. Upon recommendation of the LEGAL AFFAIRS COMMITTEE, the following PETITION was GRANTED. Vt. 9/0 21-09 Sergeant Richard J. Kinney: Place “No Parking” signs on both sides of Mohawk Drive west of Lock Drive. Upon recommendation of the PUBLIC SAFETY COMMITTEE, the following PETITION was GRANTED. Vt. 9/0 22-09 David E. Rowlands: Install street lights from the top of Joslin Street to the intersection of Day Street. REGULAR MEETING OF THE CITY COUNCIL, NOVEMBER 24, 2008, continued Upon recommendation of the WAYS & MEANS COMMITTEE, the following APPOINTMENT was CONFIRMED. Vt. 9/0 Historical Commission – Rocco Palmieri – term to expire April 15, 2011 (to fill the unexpired term of Ann Fraturelli) Under Old Business, Councillor Dombrowski, Chairman of the President’s Drinking Water Oversight Committee, said he read the test results of October 2008. He said the only thing missing was the TTHM which comes quarterly. All other tests are in order. City of Leominster In the year two thousand and eight AN ORDINANCE Amending Chapter 21 of the Revised Ordinances entitled “Water and Sewers” Be it ordained by the City Council of the City of Leominster, as follows: Chapter 21 of the Revised Ordinances entitled “Water and Sewers” is hereby amended by inserting the following: Sec. 21-13.2 Water line and sewer main line protection plans 1) Authority. This section is adopted by the City of Leominster under its police powers to protect public health and welfare and its powers pursuant to M.G.L. c.40, §§ 21 et seq. and implements the city’s authority to regulate water use pursuant to M.G.L. c. 41 §§ 69 et seq. and the city’s authority to regulate sewer connections pursuant to M.G.L. c 83 §§ 1 et seq. as amended, and the powers granted under the Massachusetts General Laws. 2) Purpose. The purpose of this section is to protect, preserve and maintain the public health and safety by setting forth objective standards and minimum requirements for persons or businesses that seek to offer water line and/or sewer main line protection plans to homeowners. 3) Effect of Section 21-13.2 Each person or business that offers to homeowners of the City of Leominster a plan as defined in Section 21-13.2 (4) shall, as a condition of being granted a permit by the Department of Public Works, be bound by this section. The meaning and application of these regulations shall be determined and interpreted by the Director of the Department of Public Works. 4) Definitions: For the purpose of this section, the following terms, phrases, words and their derivatives shall have the meaning given herein: a) Applicant. Each person or business that files application pursuant to the requirements of this section seeking a permit to offer for a fee to homeowners of the City of Leominster any plan program insurance or service that has as it primary purpose the protection of homeowners against losses, costs and expenses that result from a possible future sewer main line and/or water line blockage or failure. b) Authorized work. Work approved by permittee after notice from a covered household informing of a water line and/or sewer main line problem. c) Covered household. Each dwelling that has in force and effect a contract for water line and/or sewer main line protection with a person or business for the services as set forth in the plan of a Department of Public Works permittee. d) Permittee. An applicant approved by the Department of Public Works that has completed all required steps necessary in order to offer a plan to homeowners. e) Plan. Any plan, program, insurance or service offered for a fee to homeowners of the City of Leominster that has as its primary purpose the protection of homeowners against losses, costs and expenses that result from a possible future water line and/or sewer main line blockage or failure. f) Public sewer. A sewer in which all owners of abutting properties have equal rights, and is controlled by the Department of Public Works; a common sewer. 5) Application and Bond. a) Before any person or business may offer to any homeowner of the City of Leominster any plan, said person or business (hereinafter referred to as “applicant”) shall file application with, and receive a permit from, the Department of Public Works. Permits are neither transferable nor assignable. b) Within ten (10) days of the grant of any permit, and prior to offering the plan to any homeowner, the applicant must post a bond with the City Treasurer in the sum of Twenty Thousand Dollars ($20,000), in such form as shall be approved by the Office of the City Solicitor, which bond shall be forfeit to the City in the event that; (i) injury or damage is caused to the public sewer and/or water line by authorized work undertaken by an agent, employee or contractor or permittee (other than the City of Leominster Department of Public Works) or (ii) the failure of permittee to perform at a covered household results in any charge, expense or cost to the City of Leominster. The failure of an applicant to post the required bond or the cancellation of the bond by a surety shall be grounds for the Director of Public Works, after hearing held no less than fourteen (14) days after issuance of  REGULAR MEETING OF THE CITY COUNCIL, NOVEMBER 24, 2008, continued written notice to a permittee, to revoke the permit. The bond shall remain in effect as long as the permittee has a plan in effect with a household in Leominster. 6) Revocation of Permit. A permit may be revoked for failure of an applicant to post the required bond, upon cancellation of the bond of a permittee by the surety on a bond as posted or as set forth herein. After a hearing held before the Director of Public Works no less than fourteen (14) days after issuance of written notice to a permittee, the Director of Public Works may revoke any permit granted under this section if the Director (i) finds substantial evidence of repeated instances of the inability of a permittee to provide to covered homeowners the services promised in a plan, or (ii) the contract required in Section 21-13.2 (7), below, is terminated by either party. A revocation of the permit shall preclude the permittee from the sale or renewal of plans but shall not relieve permittee of its obligations to households under plans in force and effect on the date of revocation nor shall revocation relieve the permittee of its obligation to maintain its bond in full force and effect. 7) Required First Responder. a) Within ten (10) days of the grant of any permit, and prior to offering the plan to any homeowner, the applicant shall enter into a contract with the City Department of Public Works. The contract shall provide that the applicant shall use the services provided by the Department of Public Works “water and sewer crew” to respond and conduct an initial investigation of each water line and/or sewer main line back up or failure at a covered household before resorting to its own employees or any private person or firm. The contract shall require that the permittee reimburse the City for all labor costs incurred in responding to a covered homeowner’s request for service plus an administrative fee of ten (10) percent of the total labor charges. The Department of Public Works shall not be required to perform plumbing or excavation services, the permittee being free to provide such services through its employees, agents or contractors provided the same are qualified to perform the work. Should the work involved in providing service to a covered homeowner under the plan required obtaining permits from any governmental body or authority, including the Department of Public Works, it shall be the sole responsibility of the permittee to obtain all required permits before engaging in work. b) The contract between the permittee and the Department of Public Works shall not create a joint venture nor shall it create enforceable rights in any third party. Permitee is solely responsible in contract to each covered household as set forth in each plan as marketed to each homeowner. 8) Exclusivity and Marketing. No applicant shall be granted an exclusive right to market a plan. Any applicant, upon attaining permittee status as set forth herein, may obtain a list from the Department of Public Works of those households in Leominster that are served by the public sewer and/or water line. No City funds may be expended in marketing the plan. The City Council may vote to authorize the Director of Public Works to execute a neutral letter of explanation to be issued to homeowners at the sole expense of the permittee. No permittee shall represent that its plan is City sponsored or otherwise endorsed by the City or the Department of Public Works. _____________________________ Upon request of the LEGAL AFFAIRS COMMITTEE, the following ORDINANCE was given FURTHER TIME. Vt. 9/0. 2nd Reading Ordinance - Amend Chapter 22–Sections 22-24 of the Revised Ordinances entitled “Zoning” by removing “Mixed Use Development Projects” and inserting in its place a new Section 22- 24 creating “Industrial Mixed Use Overlay Districts” (Small and Large) and modify the Table of Uses Section 22-26 to reflect said changes. (Legal Affairs Petition 95-08). (A hearing is scheduled for December 8, 2008 at 7:15 P.M.) A motion made by Councillor Lanciani and seconded by Councillor Nickel requesting a letter to be sent to Police Chief Roddy requesting him to attend the next meeting to discuss road racing. 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 9/0. Committee reports as follows C-20 Relative to determining the factor to be used in setting the Fiscal Year 2009 tax rate. GRANTED to adopt a Factor of 1. Vt. 9 “yeas” MEETING ADJOURNED AT 10:50 P.M. _____________________________ Lynn A. Bouchard, City Clerk And Clerk of the City Council