City Council

HEARING BEFORE THE CITY COUNCIL, JANUARY 12, 2015 Hearing opened at 6:45 P.M. with Councillor Cormier, Chair of the FINANCE COMMITTEE, presiding. All members were present. Present at the hearing was Superintendent of Schools James Jolicoeur and Anthony Sciabarrasi, Facility Director The following LOAN ORDER was the subject of the hearing: Relative to the appropriation of Three Million Two Hundred and Forty Nine Thousand One Hundred and Seventy Dollars ($3,249,170) for the purpose of paying costs of the replacement of the Northwest Elementary School Roof, 45 Stearns Avenue, Leominster, MA., which proposed repair project would materially extend the useful life of the school and preserve an asset that otherwise is capable of supporting the required educational program, said sum to be expended under the direction of the School Building Committee. To meet said appropriation the Treasurer, with the approval of the Mayor is authorized to borrow said sum under M.G.L. Chapter 44, or pursuant to any other enabling authority. The City of Leominster 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 if the MSBA’s Board of Directors votes to invite the City to collaborate with the MSBA on this proposed repair project, any project costs that the City of Leominster incurs in excess of any grant approved by and received from the MSBA shall be the sole responsibility of the City of Leominster; provided further that any grant that the City of Leominster may receive from the MSBA for the project shall not exceed the lesser of (1) seventy one point nine six percent (71.96%) of eligible, approved project costs, as determined by the MSBA, or (2) the total maximum grant amount determined by the MSBA; and that, if invited to collaborate with the MSBA on the proposed repair project, the amount of borrowing authorized pursuant to this vote shall be reduced by any grant amount set forth in the Project Funding Agreement that may be executed between the City of Leominster and the MSBA. Superintendent Jolicoeur said they are taking advantage of the Massachusetts School Building Authority Accelerated Repair Project function within their funding of school buildings and because of the grant process they have been able to secure another remarkable reimbursement rate of 71.96% on this particular project. He said through the work that Tony Sciabarrasi does at our facility in conjunction with the Procurement Officer here at the city they have been able to put these projects out to bid and save additional money. He said there is one item on this particular project in the amount of $81,341.00 which relates to the tying in of the roof drainage into the ground that is not eligible for reimbursement. Although it is a safety issue it has to be done. That amount will be factored into the bonding. Councillor Cormier asked Mr. Sciabarrasi what the overage will be for the drainage. Mr. Sciabarrasi said the engineers estimate $81,341.00 and is basically because the roof has a number of sloped surfaces that just run off the building. There is no way to mitigate the runoff and the large part of the roof collects so much water and dumps it on a small area that creates a serious hazard because of the design of the building. A lot of these sloped roofs are over doorways, entryways, walkways and the parent pickup/drop off area which is an L-section of the roof which is like a glacier in the wintertime. That side of the building is in the sun during the day so it melts off rather quickly no matter how cold it is and then it freezes up every night. It has been a problem to the point we have to go out and chisel the ice away from the threshold of the doors. Mr. Sciabarrasi said the work entails excavation into the existing storm drain system that runs along one side of the building, underground piping and everything that is associated with it. It will take an engineering study and plan before they start digging it up as the gas and electric are buried on that side. Councillor Cormier asked if there was a timetable for the project. Mr. Sciabarrasi said they will start on the last day of school and should be substantially complete before school starts. He said if any work needed to be done while school was going on it would be minimal and would not disrupt any of the activities at the school. The school will be closed and there won’t be any activities or people there except for his staff for the duration of the summer. They are going to relocate the Recreation Department and Creative Choices and whoever else will be using the building during the summer. No one in the audience spoke in favor spoke in favor or in opposition of the Loan Order. Councillor Nickel said you mentioned working around gas lines and electrical, has that been factored in? Mr. Sciabarrasi said yes. Councillor Nickel asked if there was a contingency above and beyond in the $81,000. in case it ends up being more? Mr. Sciabarrasi said not that he is aware of. He said he believes the quote is a little high. Councillor Nickel asked if there are going to be upgrades as far additional insulation. Mr. Sciabarrasi said yes, it has to meet the Stretch Code for the City which is driving up the price. He said the flat roof and the slope sections for the roof have a lot of transition points. At those transition points is flashing, and once they raise up the insulation all that flashing has to be redone. Typically that flashing stays in place and you reroof. Because of the additional 3 or 4 inches of insulation that is going to be put on the flat roof and insulation added to the slope room all the flashing has to be redone. It is an expensive endeavor.  2 HEARING BEFORE THE CITY COUNCIL, JANUARY 12, 2015, continued Councillor Marchand said he has a concern about leaking and mold that has continued throughout the years. He said when you start ripping roofs off you find things. What is your plan to deal with mold mitigation? Mr. Sciabarrasi said when there was any damage done by water it was removed and redone. We were lucky that a lot of the sections that were leaking, had no insulation so it is just open space and when it leaked down it came down to the ceiling so there isn’t any locations for large mold spread. Councillor Marchand asked Mr. Jolicoeur where the City funding for this project is coming from. Mr. Jolicoeur said there is some bonding going on for this project but it has been in the hands of the Treasurer and the Comptroller. As far as we know the amount that is not being reimbursed by MSBA is being picked up in the finances of the City. Councillor Marchand asked if it was going to come out the next year’s fiscal year budget. Mr. Jolicoeur said not that they understand. He said he wanted to make it very clear that $81,341.00 is not being reimbursed and wanted to be up front with City department heads and anyone involved in the project. Councillor Marchand asked if they have the green light from the Comptrollers office and the Collectors office. Mr. Jolicoeur said he believes they are ready and he knows they have a board meeting of MSBA on Friday of this week so the timing was critical that we get this before the City Council as soon as possible and we appreciate all who expedited so that we could have this hearing this evening. He said if the get the go ahead they will have it in email to the MSBA in the morning to put into their package for the board on Friday. Councillor Marchand asked Mr. Jolicoeur to keep the chair of the Finance Committee and the chair of Public Schools and School Facilities Committee informed when he gets confirmation. Mr. Jolicoeur said they would do that. Councillor Feckley asked what the life expectancy of the new roof would be. Mr. Sciabarrasi said 25 years, which is a good estimate. He said if they could determine the property line on one side they could remove the trees that are hanging over the roof. That would help the life span of the roof. Councillor Feckley said we would have a new roof on Northwest, Southeast, and what about Johnny Appleseed? Mr. Jolicoeur said Johnny Appleseed is technically next. They just received the memorandum from MSBA for a Statement of Interest process again. These projects take about a year to get all the approvals and get the design and engineering done, and then do the project that summer. He said the only thing they are concerned about is they are not sure, with the new administration in the Commonwealth as to each Governor needs to do what they have to do in order to balance the budget etc. And we are not sure if there are going to be any cutbacks in the accelerated repair projects. So we are venturing out there to see whether we should put an SOI in for the Johnny Appleseed roof but also a section of windows that have to be done at that school. He said the filing window for the SOI is very tight. Councillor Freda thanked Mr. Jolicoeur for continuing to search out the possibility of grants. HEARING ADJOURNED AT 7:04 P.M. ____________________________________ Lynn A. Bouchard, City Clerk and Clerk of the City Council HEARING BEFORE THE CITY COUNCIL, JANUARY 12, 2015 Hearing opened at 7:05 P.M. with Councillor Dombrowski, Chair of the LEGAL AFFAIRS COMMITTEE, presiding. All members were present. The following PETITION was the subject of the hearing: 17-15 Robert A. Hodskins and 26 Registered Voters: Amend the Leominster Zoning Ordinance by temporarily rescinding in its entirety the Zoning Ordinance and Zoning Map that took effect upon the Mayor’s endorsement on March 6, 2013, and by substituting therefor the Zoning Ordinance and Zoning Map in effect immediately prior thereto, until such time as the City pays its zoning consultant, S. J. Mullaney Engineering, Inc., as authorized by Chapter 192 of the Acts of 2013 pursuant to a Home Rule Petition request by the Mayor and the City Council.  3 HEARING BEFORE THE CITY COUNCIL, JANUARY 12, 2015, continued No one in the audience spoke in favor or against the petition. No Councillors spoke. HEARING ADJOURNED AT 7:07 P.M. AND CONTINUED TO JANUARY 26, 2015 AT 6:45 P.M. ____________________________________ Lynn A. Bouchard, City Clerk and Clerk of the City Council REGULAR MEETING OF THE CITY COUNCIL, JANUARY 12, 2015 Meeting was called to order at 7:30 P.M. Attendance was taken by a roll call vote; all members were present. The following COMMUNICATION was received, referred to the LEGAL AFFAIRS COMMITTEE and given REGULAR COURSE. C-24 Dean J. Mazzarella, Mayor: Amend Chapter 6 of the Revised Ordinances entitled “Dogs” by replacing it with a new Chapter 6. The following COMMUNICATION was received with an EMERGENCY PREAMBLE and referred to the FINANCE COMMITTEE. Vt. 9/0. Upon recommendation of the FINANCE COMMITTEE, the following COMMUNICATION was GRANTED and ORDERED. Vt. 9 “yeas” C-25 Relative to the appropriation of $100,000.00 to the Police Department Overtime Account; same to be transferred from the Police Salary & Wages Account. ORDERED: - that the sum of One Hundred Thousand Dollars ($100,000.00) be appropriated to the Police Department Overtime Account. RE: Police Dispatcher’s Overtime Police Officer’s Overtime The following COMMUNICATION was received, referred to the FINANCE COMMITTEE, given REGULAR COURSE and referred to the Treasurer and the Comptroller. C-26 Dean J. Mazzarella, Mayor: Request that the Rita (Gallotto) Serafini Scholarship Trust Fund be established. The following PETITION was received, referred to the LEGAL AFFAIRS COMMITTEE, given REGULAR COURSE and referred to the Police Department - Traffic Division 19-15 Gail P. Feckley: Place a stop sign for southwesterly drivers at Bernice Avenue and Wildflower Road near 64 Bernice Avenue. The following PETITION was received, referred to the PUBLIC SERVICE COMMITTEE and given REGULAR COURSE. A hearing was set for January 26, 2015 at 7:05 P.M. Vt. 9/0 20-15 National Grid: Hoover Street - Install a singly owned pole beginning at a point approximately 200 feet south of the centerline of the intersection of Leland Avenue. National Grid to install Stub Pole 8-84 and anchor at side of the road. The following PETITION was received, referred to the PUBLIC SERVICE COMMITTEE and given REGULAR COURSE. A hearing was set for January 26, 2015 at 7:10 P.M. Vt. 9/0 21-15 National Grid and Verizon New England, Inc.: Lanides Lane – Install three jointly owned poles beginning at a point approximately 950 feet north of the centerline of the intersection of Hamilton Street and continuing approximately 460 feet in a northerly direction. National Grid’s Pole line extension is to provide service to new business at 80 Lanides Lane.  4 REGULAR MEETING OF THE CITY COUNCIL, JANUARY 12, 2015, continued Upon request of the WAYS & MEANS AND VETERANS AFFAIRS COMMITTEE, the following PETITION was given FURTHER TIME. Vt. 9/0 18-15 Mark C. Bodanza, David R. Cormier and Robert Salvatelli: Adopt a resolution in opposition of a new charter school. Upon request of the LEGAL AFFAIRS COMMITTEE, the following PETITION was given FURTHER TIME. Vt.9/0 17-15 Robert A. Hodskins and 26 Registered Voters: Amend the Leominster Zoning Ordinance by temporarily rescinding in its entirety the Zoning Ordinance and Zoning Map that took effect upon the Mayor’s endorsement on March 6, 2013, and by substituting therefor the Zoning Ordinance and Zoning Map in effect immediately prior thereto, until such time as the City pays its zoning consultant, S. J. Mullaney Engineering, Inc., as authorized by Chapter 192 of the Acts of 2013 pursuant to a Home Rule Petition request by the Mayor and the City Council. Upon recommendation of the FINANCE COMMITTEE, the following COMMUNICATION was GRANTED. Vt. 9 “yeas” C-23 Dean J. Mazzarella, Mayor: Relative to the appropriation of Three Million Two Hundred and Forty Nine Thousand One Hundred and Seventy Dollars ($3,249,170) for the purpose of paying costs of the replacement of the Northwest Elementary School Roof, 45 Stearns Avenue, Leominster, MA., which proposed repair project would materially extend the useful life of the school and preserve an asset that otherwise is capable of supporting the required educational program, said sum to be expended under the direction of the School Building Committee. To meet said appropriation the Treasurer, with the approval of the Mayor is authorized to borrow said sum under M.G.L. Chapter 44, or pursuant to any other enabling authority. The City of Leominster 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 if the MSBA’s Board of Directors votes to invite the City to collaborate with the MSBA on this proposed repair project, any project costs that the City of Leominster incurs in excess of any grant approved by and received from the MSBA shall be the sole responsibility of the City of Leominster; provided further that any grant that the City of Leominster may receive from the MSBA for the project shall not exceed the lesser of (1) seventy one point nine six percent (71.96%) of eligible, approved project costs, as determined by the MSBA, or (2) the total maximum grant amount determined by the MSBA; and that, if invited to collaborate with the MSBA on the proposed repair project, the amount of borrowing authorized pursuant to this vote shall be reduced by any grant amount set forth in the Project Funding Agreement that may be executed between the City of Leominster and the MSBA. Upon recommendation of the WAYS & MEANS AND VETERANS AFFAIRS COMMITTEE, the following RESOLUTION was given FURTHER TIME. Vt. 9/0 RESOLUTION – Opposition to the creation of a new charter school The following LOAN ORDER was read a second time, adopted as presented and passed to be ordained. Vt. 9 “yeas” CITY OF LEOMINSTER LOAN ORDER 1st Reading: December 8, 2014 2nd Reading: January 12, 2015 BE IT ORDERED: that the sum of Three Million Two Hundred and Forty Nine Thousand One Hundred and Seventy Dollars ($3,249,170) for the purpose of paying costs of the replacement of the Northwest Elementary School Roof, 45 Stearns Avenue, Leominster, MA., which proposed repair project would materially extend the useful life of the school and preserve an asset that otherwise is capable of supporting the required educational program, said sum to be expended under the direction of the School Building Committee. To meet said appropriation the Treasurer, with the approval of the Mayor is authorized to borrow said sum under M.G.L. Chapter 44, or pursuant to any other enabling authority. The City of Leominster 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 if the MSBA’s Board of Directors votes to invite the City to collaborate with the MSBA on this proposed repair project, any project costs that the City of Leominster incurs in excess of any grant approved by and received from the MSBA shall be the sole responsibility of the City of Leominster; provided further that any grant that the City of Leominster may receive from the MSBA for the project shall not exceed the lesser of (1) seventy one point nine six percent (71.96%) of eligible, approved project costs, as determined by the MSBA, or (2) the total maximum grant amount determined by the MSBA; and that, if invited to collaborate with the MSBA on the proposed repair project, the amount of borrowing authorized pursuant to this vote shall be reduced by any grant amount set forth in the Project Funding Agreement that may be executed between the City of Leominster and the MSBA. APPROVED: - Mayor 1st Reading: /s/ Dean J. Mazzarella Date: December 9, 2015 2nd Reading: /s/ Dean J. Mazzarella Date: January 14, 2014  5 REGULAR MEETING OF THE CITY COUNCIL, JANUARY 12, 2015, continued At the regular meeting of the City Council, December 8, 2014 Loan Order passed by a vote of nine “yeas”; nine members of the Council, nine members present, nine members voting “yea”. At the regular meeting of the City Council, January 12, 2015 Loan Order read a second time and passed by a vote of nine “yeas”; nine members of the Council, nine members present, nine members voting “yea”. __________________________________ Upon recommendation of the WAYS & MEANS AND VETERANS AFFAIRS, The following 2015 Municipal Election Calendar was ADOPTED. Vt. 9/0 LEOMINSTER, MASSACHUSETTS 2015 Tuesday, August 4, 2015 Last day to file Nomination Papers with the Board of Registrars – 5:00 P.M. Tuesday, August 18, 2015 Last day to file Nomination Papers including Statement of Candidacy with the City Clerk – 5:00 P.M. Thursday, August 20, 2015 Last day to file withdrawal or objections as a candidate in the preliminary election -5:00 P.M. Friday, August 21, 2015 Draw for ballot position Wednesday, September 2, 2015 Last day to register to vote in the Preliminary Election – 8:30 A.M – 8:00 P.M. Tuesday, September 15, 2015 Last date to post warrant for Preliminary Monday, September 21, 2015 Noon – deadline to apply for absentee ballots for the preliminary. Tuesday, September 22, 2015 PRELIMINARY ELECTION 7:00 A.M. - 8:00 P.M. Monday, September 28, 2015 Last day to file withdrawals or objections as a candidate in the Municipal election 5:00 P.M. Tuesday, September 29, 2015 Draw for ballot position Wednesday, October 14, 2015 Last day to register to vote in the Municipal Election –8:30 A.M. – 8:00 P.M. Tuesday, October 27, 2015 Last date to post warrant for the Municipal Election Monday, November 2, 2015 Noon – deadline to apply for absentee ballots for the Municipal Election Tuesday, November 3, 2015 MUNICIPAL ELECTION 7:00 A.M. - 8:00 P.M. ______________________________ Councillor Freda asked that letters be sent to State Representative Rosa and Veteran Director Richard Voutour for an update on the progress made in finding a location for the National Chair of Honor. Councillor Cormier asked for the Mayor to be contacted about the additional $1 Million the City will be receiving in Chapter 90 money. Councillor Lanciani said that relative to the decorative light poles for Casteland, he hasn’t heard anything about the progress the Mayor and National Grid are making. MEETING ADJOURNED AT 8:00 P.M. ____________________________________ Lynn A. Bouchard, City Clerk and Clerk of the City Council