City Council

HEARING BEFORE THE CITY COUNCIL, AUGUST 9, 2010 Hearing opened at 7:04 P.M. with Councillor Rowlands, Chair of the Legal Affairs Committee, presiding. All members were present. This hearing is continued from July 12, 2010. The following PETITION was the subject of the hearing: 61-10 David R. Cormier, Robert Salvatelli, David Rowlands, James Lanciani Jr., Richard M. Marchand and Wayne A. Nickel: Move and extend the existing Residence A zoning line to include the following parcels: Map 246 Parcels 7, 4, 3, 2, 1, 8, Map 248 Parcel 15 and Map 244 Parcels 1A, 2A. Introduced and made part of the record were the following: A. Recommendations from the Conservation Commission, the Planning Board and the Building Inspector. B. A map from the Planning Director outlining new boundary lines to square off with Mooreland Avenue. Councillor Rowlands read the recommendations that were received. Recommendations and map on file in the City Clerk’s office. Councillor Rowlands said he would like to continue this hearing and do the homework in subcommittee to figure out what these additional lots, that are being asked to be rezoned, are. He said he is still not clear about the map from the Planning Director. No one in the audience spoke in favor or in opposition to this petition. No Councillors spoke. Councillor Nickel said he wants to make sure the neighbors are aware of this change. HEARING ADJOURNED AT 7:10 P.M. AND CONTINUED TO SEPTEMBER 13, 2010 AT 7:00 P.M. __________________________ Lynn A. Bouchard, City Clerk and Clerk of the City Council HEARING BEFORE THE CITY COUNCIL, AUGUST 9, 2010 Hearing opened at 7:10 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 Section 13-91A(c) of the Leominster City Ordinances entitled “Unregistered Motor Vehicles” to include the Building Inspector of the City of Leominster as an enforcement agent. No one in the audience spoke in favor or in opposition of this Ordinance. No Councillors spoke. HEARING ADJOURNED AT 7:11 P.M. __________________________ Lynn A. Bouchard, City Clerk and Clerk of the City Council HEARING BEFORE THE CITY COUNCIL, AUGUST 9, 2010 Hearing opened at 7:11 P.M. with Councillor Rowlands, Chair of the Legal Affairs Committee, presiding. All members were present.  2 HEARING BEFORE THE CITY COUNCIL, AUGUST 9, 2010, continued The following PETITION was the subject of the hearing: Relative to amending Chapter 13 of the Revised Ordinances entitled “Motor Vehicles and Traffic” by installing “No Parking Tow Zone” signs along the south end of Pleasant Street at 100 foot intervals on both sides beginning at 1069 Pleasant Street and ending at the Sterling property line. No one in the audience spoke in favor or in opposition of this Ordinance. Councillor Freda suggested a letter be sent to the Town of Sterling letting them know that we have done this. They may want to take the same action and carry it down a little further. HEARING ADJOURNED AT 7:13 P.M. _______________________________ Lynn A. Bouchard, City Clerk and Clerk of the City Council REGULAR MEETING OF THE CITY COUNCIL, AUGUST 9, 2010 Meeting was called to order at 7:30 P.M. Attendance was taken by a roll call vote; all members were present. The Committee on Records reported that the records through July 12, 2010 were examined and found to be in order. The records were accepted. A Moment of Silence was held for Victoria Gerard, who was the oldest living person in Leominster and recently passed away. A recess was called at 7:33 P.M. to hold a public forum. The meeting reconvened at 7:34 P.M. The following COMMUNICATION was received, referred to the FINANCE COMMITTEE and given REGULAR COURSE. C-6 Relative to the appropriation of $25,000.00 to the Recreation Department Capital Outlay Expense Account; same to be transferred from the Emergency Reserve Account. The following PETITION was received, referred to the WAYS & MEANS COMMITTEE and given REGULAR COURSE. 8-11 Paula Kiefer, Agent for Best Buy Stores LP – Store 1433: Grant a Second Hand Dealers License for the premise at 33 Orchard Hill Park Drive. The following PETITION was received, referred to the CITY PROPERTY COMMITTEE and given REGULAR COURSE. 9-11 Kelly A. Woodland, Mayoral Aide: Accept a donation of ten heavy duty United States Flags from Central Flag & Gift. Upon recommendation of the FINANCE COMMITTEE, the following COMMUNICATIONS were GRANTED and ORDERED. Vt. 9 “yeas” C-2 Relative to the appropriation of $45,697.00 to the Cemetery Salary and Wages Account; same to be transferred from the Cemetery Perpetual Care Income Account. ORDERED: - that the sum of Forty Five Thousand Six Hundred Ninety Seven Dollars ($45,697.00) be appropriated to the Cemetery Salary and Wages Account; same to be transferred from the Perpetual Care Income Account. RE: Cemetery Labor $32,197.00 Cemetery Clerical $13,500.00 C-3 Relative to the appropriate of $7,020.00 to the Cemetery Expense Account; same to be transferred from the Cemetery Perpetual Care Income Account. ORDERED: - that the sum of Seven Thousand Twenty Dollars ($7,020.00) be appropriated to the Cemetery Expense Account; same to be transferred from the Cemetery Perpetual Care Income Account.  3 REGULAR MEETING OF THE CITY COUNCIL, AUGUST 9, 2010, continued C-4 Relative to the appropriation of $868,583.00 to the Street Resurfacing Expense Account; same to be transferred from the Highway State Aid Reserved for Appropriation Account. ORDERED: - that the sum of Eight Hundred Sixty Eight Thousand Five Hundred Eighty Three Dollars ($868,583.00) be appropriated to the Street Resurfacing Expense Account; same to be transferred from the Highway State Aid Reserved for Appropriation Account. Councillor Cormier said last fall he was doing a lot of walking in Ward 3 and Overlook Drive and Clubhouse are absolutely horrendous and probably 20 years overdue for pavement and is glad what the Mayor listened to what he had to say at one of the first meetings they had. He said he knows that some of the residents are very happy that some much needed improvements are coming. He said he was in contact with the Postmaster trying to get a situation straightened out regarding mailboxes and to try to clean up some eye sores. He said the upper end of Willard Street near the Sterling line is also bad. He is very appreciative that these two roads are on the list this year. Upon request of the LEGAL AFFAIRS COMMITTEE, the following COMMUNICATIONS were given FURTHER TIME. Vt. 9/0. The following letter was received On August 6, 2010 from the License Commission.  4 REGULAR MEETING OF THE CITY COUNCIL, AUGUST 9, 2010, continued C-95 Dean J. Mazzarella, Mayor: Request authorization to file a home rule petition authorizing the City of Leominster to grant one (1) additional Wine and Malt Pouring License to be issued only in conjunction with a redevelopment project. C-96 Dean J. Mazzarella, Mayor: Request authorization to file a home rule petition authorizing the City of Leominster to grant one (1) additional Wine and Malt Pouring License to be issued only in conjunction with a redevelopment project. C-97 Dean J. Mazzarella, Mayor: Request authorization to file a home rule petition authorizing the City of Leominster to grant one (1) additional Wine and Malt Pouring License to be issued only in conjunction with a redevelopment project. C-98 Dean J. Mazzarella, Mayor: Request authorization to file a home rule petition authorizing the City of Leominster to grant one (1) additional All Alcohol Pouring License to be issued only in conjunction with a redevelopment project. C-99 Dean J. Mazzarella, Mayor: Request authorization to file a home rule petition authorizing the City of Leominster to grant one (1) additional All Alcohol Pouring License to be issued only in conjunction with a redevelopment project.  5 REGULAR MEETING OF THE CITY COUNCIL, AUGUST 9, 2010, continued C-100 Dean J. Mazzarella, Mayor: Request authorization to file a home rule petition authorizing the City of Leominster to grant one (1) additional All Alcohol Pouring License to be issued only in conjunction with a redevelopment project. C-101 Dean J. Mazzarella, Mayor: Request authorization to file a home rule petition authorizing the City of Leominster to grant one (1) additional All Alcohol Pouring License to be issued only to downtown establishments and only in conjunction with a redevelopment project. C-102 Dean J. Mazzarella, Mayor: Request authorization to file a home rule petition authorizing the City of Leominster to grant one (1) additional All Alcohol Pouring License to be issued only to downtown establishments and only in conjunction with a redevelopment project. Upon request of the LEGAL AFFAIRS COMMITTEE, the following PETITION was given FURTHER TIME. Vt. 9/0. A continuation of the public hearing is scheduled for September 13, 2010 at 7:00 P.M. 61-10 David R. Cormier, Robert Salvatelli, David Rowlands, James Lanciani Jr., Richard M. Marchand and Wayne A. Nickel: Move and extend the existing Residence A zoning line to include the following parcels: Map 246 Parcels 7, 4, 3, 2, 1, 8, Map 248 Parcel 15 and Map 244 Parcels 1A, 2A. Upon request of the LEGAL AFFAIRS COMMITTEE the following PETITION was given LEAVE TO WITHDRAW WITHOUT PREJUDICE. Vt. 9/0. A letter was received on August 5, 2010 from Mr. Chapdelaine regarding withdrawal of the petition. 3-11 Gregory C. Chapdelaine: Allow the Purchasing Agent to award a contract for a Parent Notification Service for a six year period. Councillor Rowlands said at the last meeting there was concerns raised about the use of the notification system for fund raising Purposes. A letter will be sent to the School Committee suggesting to them a possible policy change in how to use that system. Upon recommendation of the LEGAL AFFAIRS COMMITTEE the following PETITION was GRANTED. Vt. 9/0. A letter in support was received August 6, 2010 from the Department of Public Works 4-11 David Rowlands: Modify the Leominster Municipal Code to ensure that all water and sewer connections outside the city are under the terms of an inter-municipal agreement. Upon request of the LEGAL AFFAIRS COMMITTEE, the following PETITION was given FURTHER TIME. Vt. 9/0 5-11 David Rowlands: Modify the Leominster Municipal Code to create a Personnel Board. Upon request of the LEGAL AFFAIRS COMMITTEE, the following PETITION was AMENED. Vt. 7/2, Councillors Lanciani and Freda opposed. The PETITION was given FURTHER TIME. Vt. 8/1, Councillor Freda opposed. Amended by removing the word “personal” and adding “for commuting to and from work unless approved by the Mayor and a majority vote of the City Council effective October 1, 2010”. 6-11 David Rowlands: Modify the Leominster Municipal Code to prohibit the use of city vehicles for commuting to and from work unless approved by the Mayor and a majority vote of the City Council effective October 1, 2010. Councillor Rowlands spoke in favor of this petition and the reason for the amendment. He said an effective date of October 1, 2010 was also added to allow time for the Mayor to send down any communications as to what vehicles need to be taken home for the City. Councillor Chalifoux Zephir asked if they were in the business of managing city employees? She wants to know if it will add value to another level of checks and balances for them to approve people that department heads and the Mayor have already designated as needing a city owned vehicle. She is not sure how she feels about it. Councillor Lanciani said he cannot support this petition and continued to give his opinion. Councillor Marchand said he likes the concept but is concerned especially with some very difficult times we are having not only as a community but as a country to afford this type of luxury to any of our employees. He said there may be some situations where there is a need based on emergency purposes. He would like to know who is on call 24/7 and if we provide them with a vehicle. He said he doesn’t want to see the overtime factor, he is asking for emergencies. He said the ones that truly need it he doesn’t have a problem with it but the ones who take it out of town he is concerned. He would like to see a little more data. Councillor Freda said she wished this would have been a discussion without a petition. She said many of them don’t realize what is involved with the people who take these cars home. She said there are so many unanswered questions and feel there is not much abuse. She said she would like to have had the people down to talk with them instead of having the petition. She feels that it is micromanaging. She said she cannot support this. Councillor Cormier said he has read the responses from the department heads and feels that they are justified and has mixed feelings about the petition. He said he would like to have more information before he can vote on this.  6 REGULAR MEETING OF THE CITY COUNCIL, AUGUST 9, 2010, continued Councillor Salvatelli said he is very uneasy about this. He said he expected to see some kind of data sheet from the Mayor which they do not have. He said the only way you can evaluate it is to have the data. He said he likes the checks and balance part of that. He wants the data. He said he is not comfortable voting on it this evening. Councillor Dombrowski said he wasn’t comfortable with the petition before it was amended. He said the Mayor’s reluctance to give the information speaks volumes in itself. He said we are all part timers down here and that is used against us. He said he doesn’t have time to follow up on every obstacle that gets pushed in his way to get information and neither does anyone else. Let’s pass this petition because it doesn’t hurt anybody and it only makes sense. Councillor Marchand said it is good legislation but does the wording work? He said they already passed the budget and we can’t cut the line item but the money. The bottom line is the intent is not carried out. Councillor Rowlands spoke on a letter that was published by the Office of Inspector General. He said it is a guide to administering and complying with vehicle management policy dated December 2004. He also referenced a 10 page report from the City of Chelsea Executive Office to the City Council talking about the total mileage driven, what are the requirements, the pros and cons, what are the costs to the City. It was a very professional communication from the Executive Office in Chelsea. He said after about 10 emails going back and forth he couldn’t get any information from the Mayor which is an indication that it’s probably not even tracked. He spoke on all the inconsistencies in the Employee Handbook and within departments regarding vehicles. He said he is willing to listen to all justification. Councillor Dombrowski said he is ready to vote and support this tonight but with so many Councillors having doubts and questions he asks the Chairman to consider further time. He said they can take this up in subcommittee one more time because he would not want this petition to fail because people have concerns and want questions answered Upon recommendation of the WAYS & MEANS COMMITTEE the following COMMUNICATION was GRANTED. Vt. 9/0 C-5 Dean J. Mazzarella, Mayor: Request Lorna Moody be exempt from the provisions in M.G.L. Chapter 268A (20B) Conflict of Interest, as she is currently employed by the City of Leominster School Department and is taking on a position at the Recreation Department as well. Upon recommendation of the WAYS & MEANS COMMITTEE the following PETITION was GRANTED. Vt. 9/0 7-11 Relative to the appropriation of $36,262.20 to the C.D.B.G. Housing Rehabilitation Construction Account; same to be transferred from the following C.D.B.G. Program Year 35 accounts: Housing Rehab Salaries $ 8,991.28 Housing Rehab Expenses $ 15,000.00 Economic Development Expenses $ 7,368.81 Code Enforcement Expenses $ 4,316.39 YWCA/Battered Women’s Resource $ 57.61 Montachusett Addiction Council $ 193.01 Multi-Service Center $ 335.10 ORDERED: - that the sum of Thirty Six Thousand Two Hundred Sixty Two Dollars and Twenty Cents ($36,262.20) be appropriated to the C.D.B.G. Housing Rehabilitation Construction Account; same to be transferred from the following C.D.B.G. Program Year 35 accounts: Housing Rehab Salaries $ 8,991.28 Housing Rehab Expenses $ 15,000.00 Economic Development Expenses $ 7,368.81 Code Enforcement Expenses $ 4,316.39 YWCA/Battered Women’s Resource $ 57.61 Montachusett Addiction Council $ 193.01 Multi-Service Center $ 335.10 Upon recommendation of the WAYS & MEANS COMMITTEE the following APPOINTMENTS were CONFIRMED. 9 “yeas” Office of Emergency Management, Admin Unit - Rick LeClair Board of Health – Jacalyn Lastella - term to expire April 15, 2013 to fill the unexpired term of Patrick Perla) Council on Aging – John Diggins, Joseph Gagne, Robert LaRose - terms to expire April 15, 2013 Planning Board – Patrick Perla (to fill the expired term of Mike Cooley) Upon recommendation of the WAYS & MEANS COMMITTEE the following APPOINTMENT was given FURTHER TIME. Vt. 9 “yeas” Planning Board – Fred Fredricks – term to expire April 15, 2013  7 REGULAR MEETING OF THE CITY COUNCIL, AUGUST 9, 2010, continued Upon request of the LEGAL AFFAIRS COMMITTEE the following ORDINANCE was given FURTHER TIME. Vt. 9/0 1st Reading Ordinance – amend Chapter 14 of the Revised Ordinance entitled “Offenses – Miscellaneous” by adding a section that would prohibit all Level 2 and 3 sex offenders from living within 1,000 feet of a school. The following ORDINANCE was read a second time, ADOPTED as presented and passed to be ordained. Vt. 9 “yeas” Councillor Marchand requested that a letter be sent to the town of Sterling since this is ending at the Sterling line. The City of Leominster In the year two thousand and ten AN ORDINANCE Amending Chapter 13 of the Revised Ordinances entitled “Motor Vehicles and Traffic.” Be it ordained by the City Council of the City of Leominster as follows: Chapter 13 of the Revised Ordinances is hereby amended at Section 13-91A, entitled “Unregistered Motor Vehicles,” by deleting the third sentence of subsection (c) and inserting in its place the following: This chapter may be enforced by any police office of the City of Leominster or the Building Inspector of the City of Leominster. ____________________ The following ORDINANCE was read a second time, ADOPTED as presented and passed to be ordained. Vt. 9 “yeas” The City of Leominster In the year two thousand and ten AN ORDINANCE Amending Chapter 13 of the Revised Ordinances entitled “Motor Vehicles and Traffic.” Be it ordained by the City Council of the City of Leominster as follows: Chapter 13 of the Revised Ordinances is hereby amended at Section 13-24.5, entitled “Parking Prohibition – Towing Zone,” by adding the following subsection: (j) Pleasant Street (both sides), in a southerly direction from 1069 Pleasant Street to the Sterling town line. _______________________ Under Old Business, Councillor Rowlands established a Legal Affairs Committee meeting for August 18, 2010 at 7:00 P.M. In accordance with Section 3.6 of the Leominster City Charter a vote was taken to invite the License Commission down to the August 18, 2010 Legal Affairs Committee meeting at 7:00 P.M. Councillor Cormier asked if there was anything new to report from the President’s Drinking Water Oversight Committee. Councillor Dombrowski, Chairman of the President’s Drinking Water Committee, said they received the results for July and everything was in order. As requested, Pat LaPointe did send down the figures regarding capacity and assumes everyone got that. He said as far as the cleaning up goes, he does not have anything new to report and will check into it. He said Councillor Rowlands had asked him to check on the construction process relative to the filters at Distributing and will report at the next meeting. Councillor Nickel said someone approached him over the weekend asking about the forestry end of it wondering if the contract had been signed and if so why hadn’t work begun. He said he will look into. Councillor Marchand mentioned that Paul Kennedy, an enforcement agent for the watershed areas had shown him photos of people canoeing in the reservoir and indicated they are having an awful time with people partying, swimming and drinking after hours. He asked if they could send a letter to the Police Chief and ask if he would have a discussion with Paul to show us what they can do to kick up the enforcement to deal with those issues. He said the State Police got involved with the people canoeing and there was an issue regarding enforcement because of a lack of posting. He said if posting is necessary it would be good idea to get an assessment on that. Councillor Rowlands said it might be a good time to schedule a committee meeting for the President’s Drinking Water Oversight Committee.  8 REGULAR MEETING OF THE CITY COUNCIL, AUGUST 9, 2010, continued Councillor Dombrowski said he will work on setting up a meeting. Upon recommendation of the WAYS & MEANS COMMITTEE the following ELECTION ORDER was ADOPTED. Vt. 9 yeas” CITY OF LEOMINSTER STATE PRIMARY ELECTION ORDER SEPTEMBER 14, 2010 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 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 14th day of September 2010, then and there for the purpose of giving in their votes for the election of candidates for the following offices: Governor, Lt. 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, Sheriff – Worcester County. 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  9 REGULAR MEETING OF THE CITY COUNCIL, AUGUST 9, 2010, continued The following ORDINANCE was read once, ADOPTED as presented and ordered published. A hearing was set for August 23, 2010 at 7:00 P.M. 1st Reading Ordinance- amend Chapter 2, Article X, Section 2-42.1 of the Revised Ordinance entitled “Fee Schedule” to update the current fee schedule for Weights and Measures. Under New Business, Councillor Dombrowksi said he recently spoke before the Court Relocation Committee at Worcester Superior Court last week. He said he wanted to bring to the committee’s attention all the record growth Leominster has experienced within the pass ten years and the anticipated growth expect to experience. He said he requested the information from the Mayor’s office and did not receive it. He said he does not fault the administration but he did not give them a lot of time to get the information to him. He said when he did speak he spoke in more general terms than he liked and after the meeting he got a couple of phone calls from members of the committee asking for specific information. He said he thought it would be more persuasive coming from the City Council or the Mayor’s office than just from him so we would like to send a letter to the Mayor requesting that information be put together sooner rather than later. He said they were looking for the names and addresses of the new businesses, the number of employees, the specific projections on growth, specific projections on additional traffic into the City, the increased police activity because of all this growth, as well as anticipated growth, and the various housing projects that have been approved, the number of units (single family, condos, apartments) that are available or will be available as well as those projects that are pending and in the thought process. He said there is no question the significant recent growth and anticipated growth only leads to more police activity and court activity and thinks it would have a very persuasive impact on the committee and it should be coming from the City Council as a whole or the Mayor’s or both. Councillor Nickel asked Councillor Dombrowski to make a list and give them to the Clerk. He said he will draft an email to the Mayor and see what he can get on a follow up. Councillor Rowlands said you might want to add Lunenburg’s growth. Councillor Rowlands said he and Councillor Freda are on the high school building committee and they had a meeting. He said the main thing that is happening is the roof over the CTE is being repaired and the good news is when they pulled off the old roof the infrastructure was not damaged. The slope was always wrong on that roof and they are sloping it correctly and adding insulation. It is ahead of schedule. Councillor Cormier said he had a great meeting with the Superintendant of Schools and they discussed many things that are facing the district. He said he brought some concerns of this Council to him. He will set up a meeting in October when he is settled in. MEETING ADJOURNED AT 9:00 P.M. _____________________________ Lynn A. Bouchard, City Clerk and Clerk of the City Council