City Council

HEARING BEFORE THE CITY COUNCIL, AUGUST 27 2012 Hearing opened at 7:00 P.M. with Councillor Chalifoux Zephir, Chair of the PUBLIC SERVICE COMMITTEE, presiding. All members were present. The following PETITION was the subject of the hearing: 8-13 National Grid and Verizon New England: West Street: Install a jointly owned pole and relocate pole 35, beginning at a point approximately 60 feet northwest of the centerline of the intersection of Hall Street and continuing approximately 22 feet in a northwesterly direction. Iris Price of National Grid said they propose to relocate one pole so they can take out a tree guy and would like to install a mid- span pole to feed one of their customers. Ms. Price reviewed the plan with the neighbors in attendance. Ms. Price said all the poles will be on the public way. They will be putting an anchor in which will be going to city property. Ms. Price explained the plan to the participant that the pole will be going on the restaurant sidewalk. She said it will basically line up with Hall Street. Ms. Price said she will meet with the neighbors out in the field. Jeff Cordio, 267 Granite Street, said he owns the West End Diner located at 270 West Street. He asked if there was a plan for this. He said they recently painted a white mark on the blacktop where the pole is proposed. Councillor Chalifoux Zephir said this hearing is a chance for the neighbors and National Grid to get together. HEARING ADJOURNED AT 7:07 P.M. AND CONTINUED TO SEPTEMBER 24, 2012 AT 6:50 P.M. _____________________________ Lynn A. Bouchard, City Clerk and Clerk of the City Council HEARING BEFORE THE CITY COUNCIL, AUGUST 27, 2012 Hearing opened at 7:10 P.M. with Councillor Rowlands, Chair of the LEGAL AFFAIRS COMMITTEE, presiding. All members were present. The following PETITION was the subject of the hearing: Relative to amending Section 16-30 of the Revised Ordinances entitled “Compensation Grades” by deleting Schedule 2A thru 2C in its entirety and inserting in its place Schedules 2A thru 2G relative to Fire Department Salaries. Councillor Rowlands said this is the update of the ordinance to represent the salaries that came out of the negotiations on the contract. He said this is an ordinance to increase Schedule F by 0% effective 7/1/2009, 0% effective 7/1/2010, 2% effective 7/1/2011, 2% effective 2012, 1% effective 1/1/2013, 3% effective 7/1/2013 and 3% effective 7/1/2014. This is six years of changes and for the year 2013 there are 2 changes. Craig Long, 101 Peterson Street, President of the Leominster Firefighters Local 1841 said he is in favor of this Ordinance. HEARING BEFORE THE CITY COUNCIL, AUGUST 27 2012, continued He said Local 1841 has been without a contract for over three years and were finally able to get the Mayor to sit down and negotiate. He said it was no easy task but they have hammered out a deal that they think is fair for all involved and hope this is granted. Councillor Rowlands read a letter from John Richard, the Comptroller, which is on file in the City Clerk’s office. No one spoke in opposition of this ordinance. HEARING ADJOURNED AT 7:15 P.M. _____________________________ Lynn A. Bouchard, City Clerk and Clerk of the City Council  2 HEARING BEFORE THE CITY COUNCIL, AUGUST 27, 2012 Hearing opened at 7:15 P.M. with Councillor Rowlands, Chair of the LEGAL AFFAIRS COMMITTEE, presiding. All members were present. Chief Sideleau was present at the hearing and later was joined by Comptroller John Richard. The following PETITION was the subject of the hearing: Relative to amending Section 8-19 of the Revised Ordinances entitled “Fees for Ambulance Services” by deleting Section (a) in its entirety and inserting in its place a new Section (a) changing BLS and ALS billing rates. Councillor Rowlands said the current ordinance says that Medicare allowed rates plus 40% is what the ambulance service rates are. The new rates will be established by changing the ordinance to a Medicare allowed rate plus an additional 150% for BLS (Basic Life Support) and additional 150% for ALS (Advanced Life Support). Fire Chief Sideleau said he would like to have the rates raised to staff a second ambulance. To do this they need a revenue source. Currently all the Chiefs in the Worcester County area get together once a year and set what they want to charge for this area. He said two years ago they did Medicare plus 100% now they are Medicare plus 150%. He said Holden is Medicare plus 200%, Ashburnham is Medicare plus 250%. He said when you get to the Boston Metro area they are Medicare plus 300% or 400% . These numbers are what municipalities are charging for services. Private ambulances can charge whatever they want to charge. Councillor Rowlands said one of the issues is that based on the declining reimbursement rate from Medicare and increase in service we are seeing a declining rate in Medicare so that percentages also to reflect that as well, correct? Fire Chief Sideleau said correct, Medicare has readjusted their cost. They always thought the Medicare cost would go up from year to year thinking that revenue source would increase and not have to come back to the Council again but that is not true. Medicare has gotten stagnant. He said since he has been Chief it has stayed the same or came down slightly but the percentages stayed the same. Councillor Rowlands said the base from ALS and BLS is different within Medicare, we are not talking the same price for the same service. Fire Chief Sideleau said right. Medicare allowance for BLS is $365.73 and ALS (1) is $434.00 and ALS (2) is $628.00. Private ambulance services get the same amount from Medicare but the private insurance companies will pay them different than 150%. Councillor Chalifoux Zephir asked if an elderly person gets taken by ambulance to the hospital and Medicare reimburses the $363.73, is the individual is on the hook for the 150%? Fire Chief Sideleau said no, if we transport a Medicare patient we get $365.00 and that is it. If we transported a person who has a private insurance the rate the City sets is the $365.00 that Medicare pays plus the 150%, so our bill will be $731.00. If someone has health insurance through their employee they would get a bill for $731.00. Councillor Chalifoux Zephir asked if the 150% covers their costs plus additional revenue. Mr. Richard, the Comptroller said no. Councillor Chalifoux Zephir asked who set the 150% and why if it doesn’t cover your cost? Fire Chief Sideleau said he wanted to clarify that the ordinance change says the Fire Chief and the document you received came from the Mayor’s office. He said he recommended the rates be increased. He said according to Rick Martin, owner of Comstar Billing, who does the ambulance billing for the City, with Medicare plus 75% they could raise $125,000.00, Medicare plus 100% would be $200,000.00, Medicare plus 200% would be $450,000.00. He said Mr. Martin said Medicare plus 200% would be acceptable for a municipality. HEARING BEFORE THE CITY COUNCIL, AUGUST 27 2012, continued Councillor Freda said she is hearing rumors coming from the hospital and asked if there was a plan for another ambulance with a registered nurse. This would be to compensate for the trauma center being either eliminated or reduced at the hospital so that a lot of the calls are going to Worcester. Fire Chief Sideleau said he was confused. Councillor Freda said she is hearing that the hospital is, or is close to, eliminating the trauma section. Fire Chief Sideleau said what he has been told is the Center for Disease Control in Atlanta Georgia wanted to do studies across the country to see what happens when people reach a level 1 trauma center for certain injuries. Craig Long, 101 Pearson Street spoke in favor of this ordinance. No one spoke in opposition. HEARING ADJOURNED AT 8:00 P.M.  3 _____________________________ Lynn A. Bouchard, City Clerk and Clerk of the City Council REGULAR MEETING OF THE CITY COUNCIL, AUGUST 27, 2012 Meeting was called to order at 7:30 P.M. Attendance was taken by a roll call vote; all members were present. A recess was called at 7:34 P.M. to continue the public hearing and to hold the public forum. Meeting reconvened at 8:03 P.M. The Committee on Records reported that the records through August 13, 2012 were examined and found to be in order. The records were accepted. The following PETITION was received, referred to the PUBLIC SERVICE COMMITTEE, given REGULAR COURSE and referred to the Wire Inspector and the Department of Public Works. A hearing was set for September 10, 2012 at 6:55 P.M. Vt. 9/0 12-13 National Grid and Verizon: Glendale Street- Install one jointly owned pole beginning at a point approximately 420 feet southeast of the centerline of the intersection of Twelfth Street. The following PETITION was received, referred to the LEGAL AFFAIRS COMMITTEE, given REGULAR COURSE and referred to The Police Department/Traffic Division. 13-13 Wayne Nickel: Place a stop sign at the eastern end of Lido Avenue at the juncture with Seventh Street. The following PETITION was received, referred to the LEGAL AFFAIRS COMMITTEE, given REGULAR COURSE and referred to the Planning Board, the Building Inspector, the Department of Public Works, the Health Inspector and the Conservation Commission. A hearing was set for September 24, 2012 at 7:00 P.M. Vt. 9/0 14-13 James J. Carnivale, Trustee Carnivale Realty Trust: Rezone Parcel 240-4 and 240-3 located at 404 Main Street from Residence B to Commercial. The following APPOINTMENTS were received, referred to the WAYS & MEANS COMMITTEE and given REGULAR COURSE. Election Workers – terms to expire August 31, 2013 Marlaine Jean Philippe, Laura Casey, Marcia J. Tarara Office of Emergency Management – Shannon Glisson, Autumn Hawkins Councillor Robert Salvatelli, Chairman of the Finance Committee, read the Financial Report for the City into the record. Account balances are as follows: Stabilization Account $ 12,514,407.93 Emergency Reserved Account $ 450,000.12 REGULAR MEETING OF THE CITY COUNCIL, AUGUST 27, 2012, continued Upon recommendation of the FINANCE COMMITTEE, the following COMMUNICATIONS were GRANTED and ORDERED. Vt. 7“yeas”, Councillors Cormier and Nickel abstained due to a possible conflict of interest. C-3 Relative to the appropriation of $120,000.00 to the Fire Department Salary & Wages Account-prior year; $98,000.00 transferred from the Fire Salary & Wages Account-prior year and $22,000.00 transferred from the Fire Overtime Account-prior year. ORDERED: - that the sum of $120,000.00 be appropriated to the Fire Department Salary & Wages Account-prior year; $98,000.00 transferred from the Fire Salary & Wages Account-prior year and $22,000.00 transferred from the Fire Overtime Account-prior year RE: To fund prior year cost of living adjustments 0% FY2010 0% FY 2011 2% FY 2012  4 C-4 Relative to the appropriation of $250,000.00 to the Fire Department Salary & Wages Account; same to be raised by FY 2013 Revenue. ORDERED: - that the sum of $250,000.00 be appropriated to the Fire Department Salary & Wages Account; same to be raised by FY2013 Revenue RE: To fund FY 2013 cost of living adjustment 7/1/2012 cost of living adjustment 2%, 1/1/2013 cost of living adjustment 1% Upon request of the FINANCE COMMITTEE, the following COMMUNICATIONS were given FURTHER TIME. 7“yeas” and 2 “nays”, Councillors Lanciani and Freda opposed. C-5 Relative to the appropriation of $872,256.00 to the Street Resurfacing Expense Account; same to be transferred from the Highway State Aid Reserved For Appropriation Account. RE: FY 2013 Chapter 90 Award Upon recommendation of the LEGAL AFFAIRS COMMITTEE, the following COMMUNICATION was GRANTED. Vt. 8 “yeas”, Councillor Cormier abstained due to a possible conflict of interest. C-6 Dean J. Mazzarella, Mayor: Amend Section 16-30 of the Revised Ordinances to reflect the scales of pay for Leominster Fire Department Salaries for Fiscal Year 2010 thru and including Fiscal Year 2015. Upon recommendation of the LEGAL AFFAIRS COMMITTEE, the following COMMUNICATION was GRANTED. Vt. 9 “yeas” C-7 Dean J. Mazzarella, Mayor: Amend Section 8-19 of the Revised Ordinances relative to fees for ambulance services. Upon request of the LEGAL AFFAIRS COMMITTEE, the following PETITION was given FURTHER TIME. Vt. 8/1, Councillor Freda opposed. 3-13 David Rowlands: Amend Article VI, Section 2-25, Article VII Section 2-28, Article VIII, Section 2-28 and all similar sections in the city ordinances relative to Mayoral Appointments to add “Said term may be extended indefinitely by the mayor at his/her discretion without vote of the City Council” Upon request of the LEGAL AFFAIRS COMMITTEE, the following PETITION was given FURTHER TIME. Vt. 9/0. 9-13 John Scribner, Lisciotti Development: Accept the deed from Massapoag Development, LLC which grants to the City of Leominster land titled “Open Space Parcel D” containing approximately 4.96 acres as per condition 12 of the Planning Board Subdivision Approval. Upon request of the PUBLIC SERVICE COMMITTEE, the following PETITION was TABLED. Vt. 9/0 7-13 Mark F. Albert: Accept Royal Oaks Way as a public way. Upon request of the PUBLIC SERVICE COMMITTEE, the following PETITION was given FURTHER TIME. The public hearing has been continued to September 24, 2012 at 6:50 P.M. 8-13 National Grid and Verizon New England: West Street: Install a jointly owned pole and relocate pole 35, beginning at a point approximately 60 feet northwest of the centerline of the intersection of Hall Street and continuing approximately 22 feet in a northwesterly direction. Upon recommendation of the WAYS & MEANS COMMITTEE, the following COMMUNICATIONS were GRANTED. Vt. 9/0 C-8 Dean J. Mazzarella, Mayor: Request that Stephanie Kuokkanen be exempt from the provisions of M.G.L. Chapter 268A (20B) Conflict of Interest as she is currently employed as a school teacher for the City of REGULAR MEETING OF THE CITY COUNCIL, AUGUST 27, 2012, continued Leominster and will be taking a position with the Leominster Recreation Department to provide a Summer Enrichment Program this summer. C-9 Dean J. Mazzarella, Mayor: Request that Coleen Faris be exempt from the provisions of M.G.L. Chapter 268A (20B) Conflict of Interest as she is currently employed as a school teacher for the City of Leominster and will be taking a position with the Leominster Recreation Department to provide a Summer Enrichment Program this summer. C-10 Dean J. Mazzarella, Mayor: Request that Marie Keane be exempt from the provisions of M.G.L. Chapter 268A (20B) Conflict of Interest as she is currently employed as a school teacher for the City of Leominster and will be taking a position with the Leominster Recreation Department to provide a Summer Enrichment Program this summer. C-11 Dean J. Mazzarella, Mayor: Request that Amber Cornwall be exempt from the provisions of M.G.L. Chapter 268A (20B) Conflict of Interest as she is currently employed as a school teacher for the City of Leominster and  5 will be taking a position with the Leominster Recreation Department to provide a Summer Enrichment Program this summer. C-12 Dean J. Mazzarella, Mayor: Request that Amanda Sargent be exempt from the provisions of M.G.L. Chapter 268A (20B) Conflict of Interest as she is currently employed as a Pool Manager for the Recreation Department and will be taking a position with the Leominster Recreation Department to provide a Summer Enrichment Program this summer. C-13 Dean J. Mazzarella, Mayor: Request that Dan Reiser be exempt from the provisions of M.G.L. Chapter 268A (20B) Conflict of Interest as he is currently employed as a school teacher for the City of Leominster and will be taking a position with the Leominster Recreation Department to provide a Summer Enrichment Program this summer. Upon recommendation of the WAYS & MEANS COMMITTEE, the following PETITIONS were GRANTED. Vt. 9/0 10-13 Joanne Atwood: Renew the Second Hand Dealer’s License for The Repair Palace, Inc. located at 100 Commercial Road. 11-13 Andrew Rome: Renew the license for one pool table at the Columbia Tavern located at 11 Merriam Avenue The following ORDINANCE was read a second time, ADOPTED as presented and passed to be ordained. Vt. 8 “yeas”, Councillor Cormier abstained due to a possible conflict of interest. REGULAR MEETING OF THE CITY COUNCIL, AUGUST 27, 2012, continued  6 REGULAR MEETING OF THE CITY COUNCIL, AUGUST 27, 2012, continued  7 REGULAR MEETING OF THE CITY COUNCIL, AUGUST 27, 2012, continued  8 _________________________________________ REGULAR MEETING OF THE CITY COUNCIL, AUGUST 27, 2012, continued  9 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 twelve AN ORDINANCE To amend Section 8-19 “Fees for Ambulance Services” of the City of Leominster Ordinance by deleting Section (a) in its entirety and inserting in its place the following: (a) The Chief of the Fire Department shall establish the rates to be charged as fees for the city fire department ambulance service within the commonwealth. The rates to be so established shall be the local or city limit charge or other city and town charges for ambulance service set at current recommended allowances as set forth by the Medicare program, plus an additional one hundred fifty percent of such charges for Basic Life Support (BLS) service and an additional one hundred fifty percent of such charges for Advance Life Support (ALS) service. The Chief of the Fire Department shall furnish the City Treasurer with a list of the persons transported monthly and the fee to be charged, and the City Collector shall bill and collect the same. ___________________________ Under New Business, a vote was taken to contact by letter Attorney Maddaus, the Councils’ Attorney, for an opinion on Petition 3-13. Vt. 8/1, Councillor Freda opposed. Council President John Dombrowski said he will draft a letter. Councillor Rowlands said the President’s Zoning Committee continues to meet on a weekly basis and there will not be a meeting on September 6, 2012. Councillor Rowlands said he appreciates the efforts of Mr. Mullaney, Mr. Bodanza and also the Committee. He said they are missing an updated zoning map. The map has not been updated for ten years. Councillor Chalifoux Zephir reminded the Council of the Public Service Committee Meeting on September 20, 2012 at 6:30 P.M. This meeting is regarding street acceptance. Councillor Rowlands asked that a copy of the new subdivision regulation and a list of existing bonds be available for that meeting. The following ORDINANCE was read once, ADOPTED as presented and ordered published. Vt. 9 “yeas” 1st Reading Ordinance – Amend Chapter 22 of the Revised Ordinances entitled “Zoning” by amending the Zoning Map so that the land identified as 18-20 Elm Hill Avenue, 435 Lancaster Street and 439 Lancaster Street be designated as zoning district Business B. (Legal Affairs Petition 87-12) MEETING ADJOURNED AT 9:19 P.M. _____________________________ Lynn A. Bouchard, City Clerk and Clerk of the City Council