City Council

HEARING BEFORE THE CITY COUNCIL, AUGUST 8, 2011. Hearing opened at 6:55 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 13, Section 13-34 of the Revised Ordinances entitled “No Parking on Certain Streets” by inserting “Notre Dame Street (north side), from a point 281 feet west of Arlington Street to a point 313 feet west of Arlington Street in the area of Pole #2.” No one in the audience spoke in favor or in opposition to this Ordinance. Councillor Marchand said he has not heard any objections to this request. There is an isolated issue with this parking in this vicinity on Notre Dame Street and this will resolve the matter for the resident. HEARING ADJOURNED AT 6:58 P.M. ___________________________ Lynn A. Bouchard, City Clerk and Clerk of the City Council HEARING BEFORE THE CITY COUNCIL, AUGUST 8, 2011 Hearing opened at 7:02 P.M. with Councillor Rowlands, Chair of the Legal Affairs Committee, presiding. All members were present. Councillor Marchand arrived late. 75-11 Chris Caputo: Rezone the land located at 7 Prospect Street from Residence A and Business B to Commercial. Councillor Rowlands said due to the summer schedule of the Planning Board, this petition as not gone before them and will not until the beginning of September. No one in the audience spoke in favor or in opposition of this petition No Councillors spoke. HEARING ADJOURNED AT 7:06 P.M.AND CONTINUED TO SEPTEMBER 12, 2011 AT 6:45 P.M. ___________________________ Lynn A. Bouchard, City Clerk and Clerk of the City Council REGULAR MEETING OF THE CITY COUNCIL, AUGUST 8, 2011 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 25, 2011 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-3 Relative to the appropriation of $392,549.00 to the School Choice Tuition Revolving Fund; same to be transferred from the Massachusetts School Building Authority (MSBA) State Grant Account. The following COMMUNICATION was received, referred to the SMALL BUSINESS AND ECONOMIC DEVELOPMENT COMMITTEE, given REGULAR COURSE and referred to the Assessor and the Planning Board. C-4 Dean J. Mazzarella, Mayor: Approve 320 Industrial Road as an Economic Opportunity Area (EOA) as shown on Assessor’s Map 255, Block 32 pursuant to M.G.L. c23A, Section 3R, and submit said application for approval to the Massachusetts Economic Assistance Coordinating Council (EACC). The following COMMUNICATION was received, referred to the SMALL BUSINESS AND ECONOMIC DEVELOPMENT COMMITTEE, given REGULAR COURSE and referred to the Assessor, the Planning Board and the Collector. C-5 Dean J. Mazzarella, Mayor: Approve the proposed application by Bevovations LLC for acceptance as a certified project pursuant to M.G. L. c23A, Section 3F and authorize the submission of same for approval to the Massachusetts Economic Assistance Coordinating Council (EACC).  2 REGULAR MEETING OF THE CITY COUNCIL, AUGUST 8, 2011, continued The following COMMUNICATION was received, referred to the SMALL BUSINESS AND ECONOMIC DEVELOPMENT COMMITTEE, given REGULAR COURSE and referred to the Assessor, the Planning Board, the City Solicitor and the Collector. The Communication was amended to remove “Benovations LLC” and replace with “320 Industrial LLC, Bevovations LLC, d/b/a New England Apple Products Company”. C-6 Dean J. Mazzarella, Mayor: Approve a 10-year Tax Increment Financing Plan and Agreement, pursuant to M.G.L. c23A, Section 3A-F inclusive between 320 Industrial LLC, Bevovations LLC, d/b/a New England Apple Products Company and the City of Leominster for property located at 320 Industrial Road, Leominster, MA and authorize the submission of same for approval to the Massachusetts Economic Assistance Coordinating Council (EACC). The following PETITION was received, referred to the LEGAL AFFAIRS COMMITTEE, given REGULAR COURSE and referred to The Planning Board, the Department of Public Works, the Director of Inspections, the Conservation Commission and the Health Director. A hearing was set for September 12, 2011 at 7:00 P.M. Vt. 9/0 2-12 City of Leominster/DPW: Grant a Special Permit to install a stormwater collection system at 85 Water Street as shown on Assessor’s Map 20, Lot 1A, located within a floodplain. The following APPOINTMENTS were received, referred to the WAYS AND MEANS COMMITTEE and given REGULAR COURSE. Library Board of Trustees– Robert Salvatore - term to expire April 15, 2014 Conservation Commission- Eric Dubrule, Daniel Brodeur, Larry Gianakis terms to expire April 15, 2014 Upon recommendation of the FINANCE COMMITTEE, the following COMMUNICATION was GRANTED and ORDERED. Vt. 9 “yeas” C-1 Relative to the appropriation of $7,000.00 to the Police Department Salary and Wages Account; same to be transferred from the Police Department Salary and Wages Account. ORDERED: that the sum of Seven Thousand Dollars ($7,000.00) be appropriated to the Police Department Salary and Wages Account; same to be transferred from the Police Department Salary and Wages Account. Upon request of the LEGAL AFFAIRS COMMITTEE, the following PETITION was given FURTHER TIME. Vt. 9/0. (Hearing has been continued to September 12, 2011 at 6:45 P.M.) 75-11 Chris Caputo: Rezone the land located at 7 Prospect Street from Residence A and Business B to Commercial. Upon recommendation of the LEGAL AFFAIRS COMMITTEE, the following PETITION was AMENDED and GRANTED AS AMENDED. Vt. 9/0. Amended by removing “language in the pending zoning legislation to amend” and replacing it with “zoning”. 1-12 Leominster City Council: Amend the zoning “Table of Uses - Generally Permitted Uses” subsection 16.5.1.2 to read “No more than four (4) lodgers or boarders except in Residence B and C. All boarding/ lodging houses need a special permit from the Planning Board.” Upon recommendation of the WAYS & MEANS COMMITTEE, the following COMMUNICATION was RATIFIED. Vt. 9/0 (Granted with an Emergency Preamble on July 25, 2011) C-2 Dean J. Mazzarella, Mayor: Request that Mary Brow be exempt from the provisions in M.G.L. Chapter 268 (20B) Conflict of Interest as she is currently employed by the City of Leominster as a School Nurse and will provide services as needed on a part-time basis during summer programs at the Leominster Recreation Department. Upon recommendation of the WAYS & MEAN COMMITTEE the following APPOINTMENTS were CONFIRMED. Vt. 9 “yeas” Board of Appeals – Paul Romano – term to expire April 15, 2014 Emergency Management – Kelly Creed, Mary Walsh – EMS Unit Bryan Withington – Rescue Unit The following ORDINANCE was read a second time, ADOPTED as presented and passed to be ordained. Vt. 9 “yeas” City of Leominster In the year two thousand and eleven 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, Section 13-34 of the Revised Ordinances entitled “No Parking on Certain Streets” is hereby amended by inserting the following phrase: “Notre Dame Street (north side), from a point 281 feet west of Arlington Street to a point 313 feet west of Arlington Street in the area of Pole #2. ______________________________  3 REGULAR MEETING OF THE CITY COUNCIL, AUGUST 8, 2011, continued Under Old Business, Councillor Nickel said he had a meeting with the new Superintendent of Schools and he will be coming down on August 22, 2011 at 6:30 P.M. He thought it would be a good time just before the beginning of school. He can give us an update on bullying, portable classrooms, the move and the opening of the high school. Councillor Freda said she will not be at the meeting on August 22, 2011. She asked if there was a possibility of changing the date. Councillor Nickel set it is all set up and thought it was a good time right before the beginning of school. He said he would prefer to keep with the date. Councillor Marchand said he would also like to see addressed the traffic pattern around Leominster High School when it opens. He said he is also interested in the bullying issue. Councillor Marchand said the reason students are leaving the Leominster schools is not because of a better education but because of bullying. They are getting picked on in the halls of Leominster High School and there are things that are happening in middle school. He said disciplinary issues that have not taken place is another reason they are leaving. He said teachers have been threatened, kids that are suppose to be expelled are back in the fall. It has to be a zero tolerance to make our schools a safe place for the kids to go and want to go. He would like to hear the superintendent’s position on trying to resolve some of these matters. Council President Dombrowski said given the circumstance he asked the Clerk to call the superintendent and see if he can come the following meeting instead of the next meeting. Councillor Rowlands suggested an off night. He said seniors only are driving this year and it is going to be a major change in terms of the layout and traffic. He said he would like to have the meeting before school starts. Councillor Freda said she has a difference of opinion. She would like to see him as the new superintendent have a discussion after the beginning of school and would think it would make more sense after he gets a feel having not being s superintendent already. Council President Dombrowski said there is a fifth Monday in the month of August and August 29, 2011 is before school starts. Councillor Marchand requested that the principals come with him. Councillor Chalifoux Zephir said a question she will have for the superintendent and Councillor Nickel has to do with the new principal for CTE. We haven’t heard anything and there is no principal at this point and hopes it will be addressed on August 29th. Councillor Freda said she would like to ask Bill Comeau to come down as well. Under New Business, Councillor Marchand said as Chairman of the Ways & Means Committee he would like to see a comprehensive breakdown of the membership and responsibilities of the Emergency Management. Councillor Freda said Diego Fagundez of the Revolution Soccer team has been such a great ambassador for the City. She said he scored his first goal and it was electric. She congratulates him because it is an amazing accomplishment. Councillor Freda said the At-Large Councillors and Councillor Marchand received an email from a gentleman on Morton Street. She said she spoke with the gentleman and she would like to get some guidelines on Doyle Field. She said the gentleman has lived there for 22 years and has questions about youth football, the PA system blaring at 8:45 A.M. and hard rock music being played. She said some of the neighbors have concerns too. They are not looking to stop anything. They are looking to correct it. Councillor Freda said she would like to see if there are any guidelines when they let people use the field. Councillor Cormier said he will look into that and requested a copy of the email. Councillor Rowlands said he would like a copy also. Councillor Marchand said he will talk with the Youth Football Program to see if they can terminate the PA system in the early part of the morning. Councillor Rowlands said there is going to be an upgrade to the lighting and is not sure if the neighbors are aware of that. Councillor Freda suggested having a neighborhood meeting so that they can get the policy once they know what it is. That way they will be fully aware and maybe they might have some suggestions. She said she doesn’t think that anyone realizes how it impacts someone else unless they are the ones that are there. She said the gentleman knows what to expect living next to the ball field but he also deserves a certain quality of life as well. MEETING ADJOURNED AT 8:25 P.M. _____________________________ Lynn A. Bouchard, City Clerk and Clerk of the City Council