City Council

REGULAR MEETING OF THE CITY COUNCIL, NOVEMBER 8, 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 October 25, 2010 were examined and found to be in order. The records were accepted. The following COMMUNICATION was received, referred to the WAYS & MEANS COMMITTEE, given REGULAR COURSE and referred to the Planning Director. C-14 Relative to the appropriation of $6,775.00 to the Housing Rehabilitation Construction Expense Account; same to be transferred from the Code Enforcement Expense Account. The following COMMUNICATIONS were received, referred to the FINANCE COMMITTEE and given REGULAR COURSE. C-15 Relative to the appropriation of $100,000.00 to the Fire Department Overtime Account; same to be transferred from the Excess and Deficiency Account. C-16 Relative to the appropriation of $3,200.00 to the Recreation Department Expense Account; same to be transferred from the Emergency Reserve Account. C-17 Relative to the appropriation of $105,400.00 to the Recreation Department Capital Outlay Expense Account; same to be raised by Fiscal Year 2011 Revenue.  2 REGULAR MEETING OF THE CITY COUNCIL, NOVEMBER 8, 2010, continued C-18 Relative to the appropriation of $49,600.00 to the Recreation Department Capital Outlay Expense Account; same to be transferred from the Excess and Deficiency Account. C-19 Relative to the appropriation of $33,355.00 to the Personnel Department Salary and Wages Account; same to be raised by FY 2011 Revenue. C-20 Relative to the appropriations of $57,872.00 to miscellaneous departments as listed; same to be appropriated from miscellaneous departments as listed. Appropriations to the following Salary & Wages Accounts: Appropriations from: Mayor’s Office $5,107.00 Insurance Expense Account $34,457.00 Comptroller’s Office $2,381.00 Assessor’s Office Salary & Wages $ 2,491.00 Budget Director’s Office $1,737.00 Elections & Registrations Expense $ 5,573.00 Assessor’s Office $2,491.00 Planning Dept. Salary & Wages $ 3,010.00 Collector’s Office $1,168.00 Police Dept. Salary & Wages $ 6,375.00 City Clerk’s Office $5,573.00 Highway Labor Salary & Wages $ 4,611.00 Planning & Dev. Office $3,010.00 Economic Dev. Office $1,704.00 Health Department $1,913.00 Fire Department $1,360.00 Police Department $6,375.00 Council on Aging $2,133.00 Veteran’s Office $2,398.00 Recreation Department $1,643.00 Library Department $8,906.00 Dept. of Public Works $1,076.00 Forestry Department $2,491.00 Building Department $2,308.00 Emergency Management $1,355.00 Cemetery Department $1,044.00 Conservation Comm. $1,699.00 C-21 Relative to the appropriation of $142,000.00 to the Municipal Property Maintenance Capital Outlay Expense Account; same to be transferred from the Excess and Deficiency Account. C-22 Relative to the appropriation of $180,000.00 to the Fiscal Year 2011 Revenue; same to be transferred from the Excess and Deficiency Account. C-23 Relative to the appropriation of $183,871.00 to the School Department School Choice Account; same to be raised from Fiscal Year 2011 Revenue. C-24 Relative to the appropriation of $148,340.00 to the School Department School Choice Expense Account; same to be transferred from the Excess and Deficiency Account. C-25 Relative to the appropriation of $622,792.00 to the School Department Transportation Expense Account; same to be transferred from the Excess and Deficiency Account. C-26 Relative to the appropriation of $2,225,000.00 to the School Debt Service Expense Account; same to be raised by Fiscal Year 2011 Revenue. C-27 Relative to the appropriation of $107,000.00 to the Stabilization Fund; same to be transferred from the Excess and Deficiency Account. The following PETITION was received, referred to the CITY PROPERTY COMMITTEE and given REGULAR COURSE. 22-11 Kelly Woodland, Mayoral Aide: Accept a donation of eight 3 ft. x 5 ft. PolyMag United States Flags from Central Flag & Gift. The following PETITION was received, referred to the WAYS & MEAN COMMITTEE, given REGULAR COURSE and referred to the Police Department. 23-11 Dwayne A. Davis: Grant a Hawker’s and Peddler’s License to sell children’s toys and novelty items during the Holiday Stroll and Tree Lighting Ceremony. Councillor Salvatelli, Chairman of the Finance Committee, read the Financial Report for the City into the Record. Account balances are as follows: Stabilization Fund $11,676,963.64 Interest Earned $ 10,456.87 Emergency Reserve $ 2,568.00  3 REGULAR MEETING OF THE CITY COUNCIL, NOVEMBER 8, 2010, continued Councillor Salvatelli said the Free Cash has been certified at $5,906,596.00. He reviewed the FY 2011 Certified “Free Cash” Highlights Checklist which is on file in the City Clerk’s office. Upon request of the FINANCE COMMITTEE the following COMMUNICATION was given FURTHER TIME. A hearing is set for November 22, 2010 at 6:45 P.M. C-11 Relative to determining the factor to be used in setting the Fiscal Year 2011 tax rate. Upon recommendation of the FINANCE COMMITTEE the following COMMUNICATION was GRANTED and ORDERED. Vt. 9 “yeas” C-13 Relative to the appropriation of $5,200.00 to the Sanitation/Drainage Expense Account; same to be transferred from the Emergency Reserve Account. ORDERED: - that the sum of Five Thousand Two Hundred Dollars ($5,200.00) be appropriated to the Sanitation/ Drainage Expense Account; same to be transferred from the Emergency Reserve Account. RE: Collapsed drain line on Nashua Street Councillor Rowlands read a letter requesting an amendment by Joanne DiNardo of the Conservation Commission recommending two changes to the following petition 1) Update the existing ordinance verbiage to include gulls of the family of laridae. (This would be in addition to waterfowl) and 2) amend to add provisions for both waterfowl and gulls to be included in the research. Research can be conducted by authorized agencies which includes; Massachusetts Division of Fisheries and Wildlife and Department of Conservation and Recreation Natural Resources. The research agency must provide written notification to the Mayor and the Conservation Commission prior to research activity taking place, and must also provide research results. Councillor Rowlands said the Chairwoman of the Conservation agreed with both recommendations. Upon recommendation of the LEGAL AFFAIRS COMMITTEE the following PETITION was GRANTED AS AMENDED. Vt. 9/0 Amended to reflect the changes recommended by the Conservation Commission. 15-11 Kelley Freda: Amend Chapter 14-19 of the Leominster City Ordinance regarding the feeding of waterfowl to include gulls and to allow the Mayor to grant permission to the Department of Conservation and Recreation Natural Resources Director to feed gulls for the purpose of catching them for research. Upon request of the LEGAL AFFAIRS COMMITTEE the following PETITION was given FURTHER TIME and referred to the City Solicitor. Vt. 8/0. Councillor Dombrowski abstained due to a possible conflict of interest. Councillor Rowlands said they have not received the recommendation from the License Commission. He read the following letter that was received from Mayor Mazzarella dated November 8, 2010. Dear Members of the Legal Affairs Committee: You have asked me to make a recommendation in regards to the above captioned petition which is a request for the city to file a home rule petition for an additional liquor license for property located at 497 Lancaster Street. I would be happy to supply you with a recommendation, but as presented, I do not feel I have sufficient information. I would like some background on how this petition was presented to you and what your discussions have been on this matter. Thank you. Sincerely, Dean J. Mazzarella 20-11 James Xarras: Request the City of Leominster file a Home Rule Petition providing for “An act authorizing the City of Leominster to grant an additional license for the sale of all alcoholic beverages.” Be it enacted by the Senate and House of Representatives in General Court assemble and by the authority of the same as follows: Notwithstanding Section 17 or Chapter 138 of the General Laws or any other general or special law of the contrary. The licensing authority of the City of Leominster may grant an additional license for the sale of all alcoholic beverages under Section 15 of said Chapter 138. The proposed location for this business is 497 Lancaster Street. Upon recommendation of the COMMITTEE ON SCHOOLS the following PETITION was GRANTED. Vt. 9/0 21-11 Richard M. Marchand: Endorse a petition requesting the Leominster School Committee to implement a comprehensive Middle School Athletic Program beginning this winter season. Upon recommendation of the WAYS & MEANS COMMITTEE the following APPOINTMENT was CONFIRMED. Vt. 9 “yeas” Emergency Management Logistics Unit: Melissa Alvarado  4 REGULAR MEETING OF THE CITY COUNCIL, NOVEMBER 8, 2010, continued Upon request of the WAYS & MEANS COMMITTEE the following APPOINTMENT was given FURTHER TIME. Vt. 9 “yeas” Emergency Management Logistics Unit: Luis Ramos Under Old Business, Councillor Dombrowski, Chairman of the President’s Drinking Water Oversight Committee said they received the September 2010 Drinking Water Report. He said he has not received any questions from the Councillors regarding the report and found it to be in order. Councillor Marchand said there was a petition that came up earlier regarding a Hawkers & Peddlers License. He said it raises a flag with him every time he sees people coming in and infringe upon the spirit of what they are trying to do here. He asked if they can amend the ordinance without going through hoops and attach an additional fee to the Hawkers & Peddlers License. He said every vendor can apply for a $50.00 fee for every event in town and basically we have to grant it. Councillor Nickel said it is an ordinance and there is no way to get around it unless we pass a new ordinance or amend the current one. Councillor Nickel told Councillor Marchand to put it in petition form. Councillor Rowlands said he would like to know from the Mayor’s office what the title is and the responsibilities are of the person that was hired in the Planning Department. Councillor Marchand said regarding the Resolution for Walgreen’s parking easements, he has questions regarding who maintains what property and who will upgrade the property when needed? Councillor Marchand asked why there is a parking easement. He said he attended the meetings when they went through the process to build this property and the property size was modified based on parking spaces and knew it impacted the City parking spaces on Central Street. He said a pledge was made in a ZBA meeting that it would be reconciled and has not been to date. He questioned if there is a problem that they are five spaces off and triggering Site Plan approval. He said originally the plan was to lease the spaces from the City of Leominster for a significant amount of years, which a lease for a significant amount of years is considered a purchase by law. In order to get away from the political piece they modified their Site Plan approval to eliminate the space requirement for parking. Councillor Dombrowski said to get the proper answers for the Councillor he will need to give this further time. Upon request of the CITY PROPERTY COMMITTEE the following RESOLUTION was given FURTHER TIME. Vt. 9/0 RESOLUTION – Authorize the Mayor to grant and accept Access Parking Easements with HRRLP Leominster LLC Upon recommendation of the CITY PROPERTY and the WAYS & MEANS COMMITTEES, the following RESOLUTION was ADOPTED. Vt. 9 “yeas” A RESOLUTION TO FILE AND ACCEPT GRANTS WITH AND FROM THE COMMONWEALTH OF MASSACHUSETTS, EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS FOR THE PARKLANDACQUISITION AND RENOVATION FOR COMMUNITIES PROGRAM FOR IMPROVEMENTS TO FOURNIER FIELD Whereas: Fournier Field is by and far a community wide asset and the preservation and improvements to this facility are a City priority as evidenced in the most recent Open Space and Recreation Plan; and Whereas: Fournier Field Playground restoration will greatly enhance this facility by addressing current maintenance needs and present safety concerns by removing the existing outdated playground structures and constructing a new playground; and Whereas: The main focus of the renovation is to improve playground access to the 20-acre recreation site and upgrade the facility such that it can more effectively utilized without over-taxing the facility. Whereas: Said property is designated as recreational land by deed and subsequent vote of the City Council and is under the jurisdiction of the Leominster Recreation Department. Whereas: The Executive Office of Energy and Environmental Affairs (EOEEA) is offering reimbursable grants to cities and towns to support the preservation and restoration of urban parks through the PA$RC Program, Chapter 933 Act of 1977, as amended; and Whereas: Renovations to Fournier Field will cost a total of $155,000 (One Hundred Fifty Five Thousand) and the City as allocated $155,000 through its General Fund for the purposes of the Fournier Field renovations project. NOW, THEREFORE, BE IT 1. That the Mayor be and is hereby authorized to file and accept grants from the Executive Office of Energy and Environmental Affairs; and 2. That the Mayor be and is hereby authorized to take such other actions as are necessary to carry out the terms, purposes, and conditions of this grant to be administered by the Leominster Recreation Department; and 3. That this resolution shall take effect upon passage. Approved: Adopted by the Leominster City Council on /s/ Mayor Dean J. Mazzarella November 8, 2010 by a unanimous vote. November 9, 2010 /s/ Lynn A. Bouchard, City Clerk and Clerk of the City Council.  5 REGULAR MEETING OF THE CITY COUNCIL, NOVEMBER 8, 2010, continued The following ORDINANCE was read once and ADOPTED as presented. A hearing was set on November 22, 2010 at 6:40 P.M. Vt. 9 “yeas” 1st Reading Ordinance – amend Chapter 13, Section 13-34 of the Revised Ordinances entitled “No Parking on Certain Streets” by inserting “Mechanic Street (south side) outside the entrance to the business located at 91 Mechanic Street.” Under New Business, Councillor Cormier said he has spoken to the Superintendent of Schools regarding a joint meeting with the Council. He said December 16, 2010 was the best date that all School Committee members could attend. Confirmation of that date will be forthcoming along with time and place. Councillor Cormier said to forward agenda items to him 10 days prior to the meeting. Councillor Marchand would like to see Comprehensive Healthcare on the agenda. Councillor Salvatelli said he would like to know the financial implications to the changing of the cafeteria. He said he would like to know how the program is doing and is the money they are suppose to realize is occurring. MEETING ADJOURNED AT 9:05 P.M. _____________________________ Lynn A. Bouchard, City Clerk and Clerk of the City Council