City Council

REGULAR MEETING OF THE CITY COUNCIL, DECEMBER 14, 2009 Meeting was called to order at 7:34 P.M. Attendance was taken by a roll call vote; all members were present. The Committee on Records reported that the records through November 16, 2009 were examined and found to be in order. The records were accepted. A recess was called at 7:35 P.M. for a dedication to Councillor Rosa who will be leaving at the end of the year after twenty years as a City Councillor. During the recess a plaque was given to Councillor Rosa by Council President Wayne Nickel and the following was read into the record: Dear Councillor Dennis Rosa, This year marks the end of twenty years of dedicated service to the City of Leominster as a Councillor-at-Large. This is an accomplishment only a few have achieved in Leominster’s ninety four years as a City. I want to take this time to present this letter of congratulations which I will ask our City Clerk to place among the Council’s records for posterity. Since 1989 when you ran for the first time you were elected Vice President and then in only your second year you were President for two years. It is believed you were the longest serving Chairman of Finance. In two more weeks you will sit at your last meeting. Tonight I want to make sure you realize how much your twenty years of service to the City of Leominster are appreciated by your fellow members of the Council. I have letters from colleagues and friends which I wish to present to you, the Massachusetts Senate and our United States Representative John Olver. Thank you Dennis and best wishes for the future. Sincerely, Wayne A. Nickel President Leominster City Council Meeting reconvened at 7:50 P.M. The Committee on Records reported that the records through November 16, 2009 were examined and found to be in order. The records were accepted. The following COMMUNICATION was received, referred to the FINANCE COMMITTEE and given REGULAR COURSE. C-41 Relative to the appropriation of $32,000.00 to the Election and Registration Expense Account; same to be transferred from the Excess and Deficiency Account. The following COMMUNICATIONS were received, referred to the WAYS & MEANS COMMITTEE and given REGULAR COURSE. C-42 Dean J. Mazzarella, Mayor: Request that James Oxford be exempt from the provisions in M.G.L. Chapter 268A (20B) Conflict of Interest as he is currently employed by the City of Leominster School Department and will be taking on a position at the Recreation Department as well. C-43 Dean J. Mazzarella, Mayor: Designate Lynn A. Bouchard as liaison to the Commonwealth of Massachusetts State Ethics Commission. The following PETITION was received, referred to the PUBLIC SERVICE COMMITTEE and given REGULAR COURSE. 18-10 Peter A. CampoBasso, Esquire for Southgate Business Park: Layout, as a public way, a portion of the extension if Research Drive by accepting a Quitclaim Deed in lieu of taking by eminent domain and including acquiring by easement any and all utilities necessary for installation and maintenance. Councillor Salvatelli, 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) $5,953,236.00 with pending appropriations $3,623,414.90 Emergency Reserve Account $ 4,730.00 Stabilization Account $2,859,148.55 If replenished with appropriations $8,527,337.76  2 REGULAR MEETING OF THE CITY COUNCIL, DECEMBER 14, 2009, continued Upon recommendation of the FINANCE COMMITTEE the following COMMUNICATIONS were GRANTED and ORDERED. Vt. 9 “yeas” C-24 Dean J. Mazzarella, Mayor: Request that the City of Leominster transfer the sum of One Hundred Seventeen Thousand Dollars ($117,000.00) from the Excess and Deficiency Account Fund to the School Capital Outlay Expense Account, for the purposes of completing schematic designs for the potential renovations and repairs at Leominster High School located at 122 Granite Street; that the City acknowledges that the Massachusetts School Building Authority’s (MSBA) grant program is a non-entitlement, discretionary program based on need, as determined by the MSBA and any costs the City incurs in excess of any grant approved by and received from the MSBA shall be the sole responsibility of the City. ORDERED: that the sum of One Hundred Seventeen Thousand Dollars ($117,000.00) be appropriated to the School Capital Outlay Expense Account; same to be transferred from the Excess and Deficiency Account for the purposes of completing schematic designs for the potential renovations and repairs at Leominster High School located at 122 Granite Street; that the City acknowledges that the Massachusetts School Building Authority’s (MSBA) grant program is a non-entitlement, discretionary program based on need, as determined by the MSBA and any costs the City incurs in excess of any grant approved by and received from the MSBA shall be the sole responsibility of the City. C-25 Dean J. Mazzarella, Mayor: Request that the City of Leominster transfer the sum of Two Hundred Thirty Three Thousand Dollars ($233,000.00) from the School Choice Tuition Revolving Fund to the School Capital Outlay Expense Account for the purposes of completing schematic designs for the potential renovations and repairs at Leominster High School located at 122 Granite Street; that the City acknowledges that the Massachusetts School Building authority’s (MSBA) grant program is a non-entitlement, discretionary program based on need, as determined by the MSBA and any costs the City incurs in excess of any grant approved by and received from the MSBA shall be the sole responsibility of the City. ORDERED: that the sum of Two Hundred Thirty Three Thousand Dollars ($233,000.00) be appropriated to the School Capital Outlay Expense Account; same to be transferred from School Choice Tuition Revolving Fund for the purposes of completing schematic designs for the potential renovations and repairs at Leominster High School located at 122 Granite Street; that the City acknowledges that the Massachusetts School Building Authority’s (MSBA) grant program is a non-entitlement, discretionary program based on need, as determined by the MSBA and any costs the City incurs in excess of any grant approved by and received from the MSBA shall be the sole responsibility of the City. Upon recommendation of the FINANCE COMMITTEE the following COMMUNICATION was AMENDED and GRANTED AS AMENDED. Amended to read “not to exceed.” Vt. 9 “yeas” C-26 Dean J. Mazzarella, Mayor: Request that the Snow and Ice Expense Account be authorized to incur liability and to 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. Upon recommendation of the FINANCE COMMITTEE the following COMMUNICATION was GRANTED and ORDERED. Vt. 9 “yeas” C-27 Relative to the appropriation of $5,800.00 to the Parking Meter Expense Account; same to be transferred from the Excess and Deficiency Account. ORDERED: - that the sum of Five Thousand Eight Hundred Dollars ($5,800.00) be appropriated to the Parking Meter Expense Account; same to be transferred from the Excess and Deficiency Account. RE: Purchase of Electronic Parking Meters Upon recommendation of the FINANCE COMMITTEE the following COMMUNICATION was GRANTED and ORDERED. Vt. 8 “yeas” and 1 “nay; Councillor Freda opposed. C-28 Relative to the appropriation of $800,000.00 to the Doyle Field Capital Outlay Expense Account; same to be raised by Fiscal Year 2010 Revenue. ORDERED: - that the sum of Eight Hundred Thousand Dollars ($800,000.00) be appropriated to the Doyle Field Capital Outlay Expense Account; same to be raised by Fiscal Year 2010 Revenue. RE: Synthetic Turf-Doyle Field Upon recommendation of the FINANCE COMMITTEE the following COMMUNICATIONS were GRANTED and ORDERED. Vt. 9 “yeas” C-29 Relative to the appropriation of $157,817.00 to the General Fund Capital Investment Program Fund; same to be raised by Fiscal Year 2010 Revenue.  3 REGULAR MEETING OF THE CITY COUNCIL, DECEMBER 14, 2009, continued ORDERED: - that the sum of One Hundred Fifty Seven Thousand Eight Hundred Seventeen Dollars ($157,817.00) be appropriated to the General Fund Capital Investment Program Fund; same to be raised by Fiscal Year 2010 Revenue. RE: These funds represent the remainder of $957,812.00 grant available for a future project ($800,000.00 being used for the proposed Doyle Field synthetic turf) C-30 Relative to the appropriation of $617,200.00 to the School Transportation Expense Account; same to be transferred from the Excess and Deficiency Account. ORDERED: - that the sum of Six Hundred Seventeen Thousand Two Hundred Dollars ($617,200.00) be appropriated to the School Transportation Expense Account; same to be transferred from the Excess and Deficiency Account. C-31 Relative to the appropriation of $104,000.00 to the Street Resurfacing Expense Account; same to be transferred from the Highway State Aid Reserved for Appropriation Account. ORDERED: - that the sum of One Hundred Four Thousand Dollars ($104,000.00) be appropriated to the Street Resurfacing Expense Account; same to be transferred from the Highway State Aid Reserved for Appropriation Account. C-32 Relative to the appropriation of $1,500.00 to the Senior Tax Relief Expense Account; same to be transferred from the Emergency Reserve Account. ORDERED: - that the sum of One Thousand Five Hundred Dollars ($1,500.00) be appropriated to the Senior Tax Relief Expense Account; same to be transferred from the Emergency Reserve Account. Upon request of the FINANCE COMMITTEE the following COMMUNICATIONS were given FURTHER TIME. Vt. 9 “yeas” C-33 Relative to the appropriation of $550,329.75 to the Sewer Department Capital Outlay Expense Account; same to be transferred from the Excess and Deficiency Account. C-34 Relative to the appropriation of $756,616.35 to the Water Department 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. 9 “yeas” C-35 Relative to the appropriation of $50,000.00 to the Fiscal Year 2010 Revenue; same to be transferred from the Excess and Deficiency Account. ORDERED: - that the sum of Fifty Thousand Dollars ($50,000.00) be appropriated to the Fiscal Year 2010 Revenue; same to be transferred from the Excess and Deficiency Account. RE: Informational Technology Task Force (ITTF) Expenses C-36 Relative to the appropriation of $130,000.00 to the Fiscal Year 2010 Revenue; 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 Fiscal Year 2010 Revenue; same to be transferred from the Excess and Deficiency Account. RE: Library debt service payment C-37 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. ORDERED: - that the sum of Ten Thousand Dollars ($10,000.00) be appropriated to the Sidewalk and Curbing Expense Account; same to be transferred from the Excess and Deficiency Account. C-38 Relative to the appropriation of $24,000.00 to the Other Finance Offices and Expense Account; same to be transferred from the Excess and Deficiency Account. ORDERED: - that the sum of Twenty Four Thousand Dollars ($24,000.00) be appropriated to the Other Finance Offices and Expense Account; same to be transferred from the Excess and Deficiency Account. RE: Legal expense for tax title processing  4 REGULAR MEETING OF THE CITY COUNCIL, DECEMBER 14, 2009, continued Upon recommendation of the FINANCE COMMITTEE the following COMMUNICATION was AMENDED, GRANTED AS AMENDED and ORDERED. Amended to read “$2,846,865.60.” Vt. 9 “yeas” C-39 Relative to the appropriation of $2,846,865.60 to the Stabilization Fund; same to be raised by Fiscal Year 2010 Revenue. ORDERED: that the sum of Two Million Eight Hundred Forty Six Thousand Eight Hundred Sixty Five Dollars and Sixty Cents ($2,846,865.60) be appropriated to the Stabilization Fund; same to be raised by the Fiscal Year 2010 Revenue. $2,473,226.60 Federal Reimbursement $ 373,639.00 State Reimbursement Upon request to the LEGAL AFFAIRS COMMITTEE the following PETITION was given FURTHER TIME. Vt. 9/0 17-10 David Rowlands: Amend the Leominster Municipal Code Article XIV “Department of Public Works” and Add Article XXVIII “Department Of Water and Sewer” which eliminates the Water and Service Divisions from the Department of Public Works and creates a separate Water and Sewer Division. Upon request to the CITY PROPERTY COMMITTEE the following COMMUNICATION was TABLED FOR STUDY. Vt. 9/0 C-18 Dean J. Mazzarella, Mayor: Request the land located on Jungle Road as shown on Assessor’s Map 301, Lot 1A (former Transfer Station site) be declared surplus. Upon request to the WAYS & MEANS COMMITTEE the following COMMUNICATION was given LEAVE TO WITHDRAW. Vt. 8/1, Councillor Nickel opposed. C-40 Dean J. Mazzarella, Mayor: Amend the Leominster City Council’s Rules of Procedure, Order and Committees, to include a section for Rules of Conduct. Upon recommendation of the WAYS & MEANS COMMITTEE the following APPOINTMENTS were CONFIRMED. Vt. 9 “yeas” Election Officers for 2009-2010 – Claire M. Babineau, Annemarie M. Barba, Diane Eredita, Linda Guidi, Violet E. Racine Under Old Business, Councillor Marchand asked that a letter be sent to the Mayor requesting a bit of leniency with the amount of rubbish being picked up curbside during the holidays. It was suggested that perhaps the Mayor could contact Fiore Trucking and instruct them to pick up rubbish that did not fit into the totes even if they did not have it in the bags that are available for purchase. Also, Councillor Marchand expressed congratulations to the Leominster High School Band and in particular Barry Hudson as they have come a long way in recent years. The following ORDINANCE was read once, ADOPTED as presented. A hearing was set for December 28, 2009 at 7:10 P.M. Vt. 9”yeas” 1st Reading Ordinance – to amend Chapter 13 of the Revised Ordinances entitled “Motor Vehicles and Traffic” by adding a “No Parking-Tow Zone” at the end of Tolman Avenue and “No Parking” on the south side of Tolman Avenue between the dead-end of Tolman Avenue and the driveway located 177 feet east of the dead-end. The following ORDINANCE was read once, ADOPTED as presented. Vt. 8 “yeas” and 1 “nay”, Councillor Rosa opposed. 1st Reading Ordinance – to amend Chapter 22 of the Revised Ordinances entitled “Zoning,” Article II, Section 22-26, Table of Uses, is hereby amended by inserting under “Business Uses” the following: RRA RAA RB RC BA BB C I Ref. Dog Kennel SPPB N N N N N N N 16.10 Councillor Tocci, Chair of the CITY PROPERTY COMMITTEE, moved that the following COMMUNICATION be removed from the table and place on the calendar for action. It was so voted 9/0. Committee reports as follows: C-90 (2003) Dean J. Mazzarella, Mayor: Request that city owned property located on Jungle Road, shown on Assessors Map 302, Lot 1A be declared surplus and made available for sale according to Massachusetts General Laws, Chapter 30B, Section 16. LEAVE TO WITHDRAW WITHOUT PREJUDICE. Vt. 9/0  5 REGULAR MEETING OF THE CITY COUNCIL, DECEMBER 14, 2009, continued Councillor Tocci, Chair of the CITY PROPERTY COMMITTEE, moved that the following PETTIONS be removed from the table and place on the calendar for action. It was so voted 9/0.Committee reports as follows: 115-04 Olga Valera: Request a comprehensive study into the area of Rockwell Pond, including Chicken Harbor also that the Council develop a plan to rectify changes that have been made to the shoreline and ultimately restore Chicken Harbor the area behind 132 West Street to its original state. LEAVE TO WITHDRAW. Vt. 9/0 51-07 Virginia Tocci and Richard Marchand: Request that the Mayor authorize and direct the Leominster Recreation Director and support staff to identify two to three acre parcel of city owned property in the open space inventory to be dedicated for a “Leisure Recreational Site” for dog owners with licensed dogs in the City of Leominster to utilize. LEAVE TO WITHDRAW. Vt. 9/0 32-08 John M. Dombrowski et al.: Request the Mayor engage a private consultant to conduct a feasibility study to determine the costs, benefits and detriments of building a new police station at the Jungle Road property owned by the City of Leominster vs. remodeling the Gallagher Building on Church street to serve as a new or additional police facility vs. entering into a long term lease with an option to renew at a facility constructed by a private developer at Orchard Hill Park Drive. LEAVE TO WITHDRAW. Vt. 9/0 38-08 Leominster Properties, LLC: Accept a parcel of land located at the southerly end of Lancaster Street, shown on a plan entitled “Plan of Land in Leominster, MA, prepared for Leominster Properties LLC”, as Lot 2 for a municipal sewage pumping station. LEAVE TO WITHDRAW. Vt. 9/0 MEETING ADJOURNED AT 9:45 P.M. _____________________________ Lynn A. Bouchard, City Clerk and Clerk of the City Council