City Council

HEARING BEFORE THE CITY COUNCIL, OCTOBER 11, 2016 Hearing opened at 7:00 P.M. with Councillor Nickel, Chair of the PUBLIC SERVICE COMMITTEE, presiding. All members were present. The following PETITION was the subject of the hearing: 17-17 National Grid and Verizon New England, Inc.: Harvard Street-Install 1 jointly owned pole and anchor to guy pole 22 beginning at a point approximately 20 feet south of the centerline of the intersection of White Street. Iris Price of National Grid said the homeowner at 273 Harvard Street would like to take the tree down and there is a guy wire attached to the tree so a sub pole will have to be installed. No one in the audience spoke in favor or in opposition. No Councillors spoke. HEARING ADJOURNED AT 7:02 P.M. ________________________________ Lynn A. Bouchard, City Clerk and Clerk of the City Council REGULAR MEETING OF THE CITY COUNCIL, OCTOBER 11, 2016 Meeting was called to order at 7:32 P.M. Attendance was taken by a roll call vote; all members were present. The Committee on Records reported that the records through September 26, 2016 were examined and found to be in order. The records were accepted. A recess was called at 7:35 P.M. to hold a public forum. Meeting reconvened at 7:39 P.M. The following COMMUNICATION was received, referred to the FINANCE COMMITTEE and given REGULAR COURSE. C-22 Relative to the appropriation of $17,000.00 to the Veteran’s Services Salary & Wages Account; same to be raised by Fiscal Year 2017 Revenue. The following COMMUNICATION was received, referred to the FINANCE COMMITTEE and given REGULAR COURSE. A hearing was set for October 24, 2016 at 7:00 P.M. Vt. 9/0 C-23 Dean J. Mazzarella, Mayor: Relative to the appropriation of Five Million Dollars ($5,000,000.00) to pay costs of designing, constructing and equipping athletic fields and an athletic complex at Leominster High School, which complex may include restrooms, a press box, concession and other similar facilities, and for the payment of all other costs incidental and related thereto; that to meet this appropriation the Treasurer, with the approval of the Mayor, is authorized to borrow $5,000,000.00 under and pursuant to Chapter 44, Sections 7(3) and 7(25) of the General Laws, or pursuant to any other enabling authority, and to issue bonds or notes of the City therefor. The Mayor is authorized to apply for and accept any and all grants or other funds that may be available to the City on account of this project, and to take all other action necessary or convenient to the carrying out of the purposes of this order. The following COMMUNICATION was received, referred to the FINANCE COMMITTEE and given REGULAR COURSE. C-24 Relative to the appropriation of $342,101.00 to the Planning Department Capital Outlay Expense Account; same to be transferred from the Stabilization Fund. The following COMMUNICATION was received, referred to the CITY PROPERTY AND PROPERTY OVERSIGHT COMMITTEE and given REGULAR COURSE. C-25 Dean J. Mazzarella, Mayor: Request the City Council transfer the care, custody and control of the property located on Summit Street containing 10,000 square feet, more or less, shown as Lots 114 and 115 on a plan recorded with Worcester North District Registry of Deeds in Plan Book 541, Page 164, identified by the Assessor’s as Parcel 523-9, and being a portion of the premises acquired by the City by Treasurer’s Deed recorded in Book 541, Page 164, from the Treasurer/Collector or other tax custodian for tax title purposes to the Mayor for purpose of conveyance, and to authorize the Mayor to convey said property on such terms and conditions, and for such consideration, as the Mayor may deem appropriate.  2 REGULAR MEETING OF THE CITY COUNCIL, OCTOBER 11, 2016, continued The following PETITION was received, referred to the CITY PROPERTY AND PROPERTY OVERSIGHT COMMITTEE, given REGULAR COURSE and referred to the Police Department-Traffic Division and the Fire Department. 18-17 Richard M. Marchand Festival Facilitator: Request the closure of West Street from the intersection of Cottage Street to Main Street, Park Street at the intersection of Main Street, Church Street but maintain public safety access and allow the use of the City Hall parking lot, the parking lot adjacent to City Hall on West Street and the City portion of the parking lot between the First Church Unitarian and the First Baptist Church for handicap parking for the 24th Annual Johnny Appleseed Arts and Cultural Festival on September 23, 2017 with a rain date of September 30, 2017. The following APPOINTMENTS were received, referred to the WAYS AND MEANS COMMITTEE and given REGULAR COURSE. Election Officers- – term to expire August 31, 2017 Ronald Theriault and Carl Johnson Upon recommendation of the LEGAL AFFAIRS COMMITTEE, the following PETITION was GRANTED. Vt. 9/0 2-17 President’s Committee on City Ordinance Review: Request that Chapter 3, Section 3-2 entitled “Injurious Noise Prohibited” be deleted and replace with the following: “No person, partnership, company, corporation or association leasing or controlling any device (or property) shall willfully, negligently or through failure to provide effective available control technology, shall allow the creation of noise that will cause injury, fatigue, interference with the quiet enjoyment of life and property”. Upon request of the LEGAL AFFAIRS COMMITTEE, the following PETITION was given LEAVE TO WITHDRAW. Vt. 9/0 4-17 President’s Committee on City Ordinance Review: Request that Chapter 10 “Solicitors, Hawkers and Peddlers”, Section 10-2 entitled “Definitions” be revised to add “the foregoing definition shall not include political campaigning”. Upon recommendation of the LEGAL AFFAIRS COMMITTEE, the following PETITIONS were GRANTED. Vt. 9/0 14-17 Officer Richard Shea: Amend Chapter 13, Section 13-34 of the Revised Ordinances entitled “no parking on certain streets” to remove Cross Street (north side) from Lancaster Street seven hundred ten feet to Central Street to allow legal parking on a public way. 15-17 Claire Freda: Adopt Sections 193 and 194 of Chapter 218 of the Acts of 2016 to allow the City to reduce the speed limit in certain areas to 20 or 25 m.p.h. and allow the creation of designated safety zones on any street in the City which is not a state highway with the approval of Mass DOT. 16-17 Officer Richard Shea: Install a Stop sign on Lorchris Street against westbound drivers at the intersection of Viscoloid Avenue. Councillor Bodanza, Chair of the FINANCE COMMITTEE, read the Financial Report for the City into the record. Account balances are as follows: Stabilization Account $13,616,473.15 Upon recommendation of the FINANCE COMMITTEE, the following COMMUNICATION was GRANTED and ORDERED. Vt. 9 “yeas” C-20 Relative to the appropriation of $500,000.00 to the School Department Expense Account; same to be raised by Fiscal Year 2017 Revenue. ORDERED: - that the sum of Five Hundred Thousand Dollars ($500,000.00) be appropriated to the School Department Expense Account; same to be raised by Fiscal Year 2017 Revenue. Upon recommendation of the PUBLIC SERVICE COMMITTEE, the following PETITION was GRANTED. Vt. 8/0, Councillor Cormier abstained due to a possible conflict of interest. 17-17 National Grid and Verizon New England, Inc.: Harvard Street-Install 1 jointly owned pole and anchor to guy pole 22 beginning at a point approximately 20 feet south of the centerline of the intersection of White Street. Upon recommendation of the WAYS & MEANS COMMITTEE, the following APPOINTMENT was CONFIRMED. Vt. 8 “yeas”, Councillor Feckley abstained due to a possible conflict of interest. Disability Commission -Marlene Thibeault – term to expire April 15, 2019  3 REGULAR MEETING OF THE CITY COUNCIL, OCTOBER 11, 2016, continued Upon recommendation of the WAYS & MEANS COMMITTEE, the following APPOINTMENT was CONFIRMED. Vt. 9 “yeas” Emergency Management – Logistics Unit - Brian M. LaJiness Upon recommendation of the WAYS & MEANS COMMITTEE, the following ELECTION ORDER was ADOPTED. Vt. 8/0  4 REGULAR MEETING OF THE CITY COUNCIL, OCTOBER 11, 2016, continued  5 REGULAR MEETING OF THE CITY COUNCIL, OCTOBER 11, 2016, continued The following ORDINANCE was read once, ADOPTED as presented and ordered published. A hearing was set for October 24, 2016 at 7:05 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 Nashua Street (west side), across from Pole #27 in a southerly direction for 900 feet ending at Lawrence Street and Nashua Street (east side), from Pole #27 in a southerly direction for a distance of 990 feet ending across from Lawrence Street. The following ORDINANCE was read once, ADOPTED as presented and ordered published. A hearing was set for October 24, 2016 at 7:10 P.M. Vt. 9 “yeas” 1st Reading Ordinance – Amend Chapter 12 of the Revised Ordinances entitled “Licenses” by inserting section 12- 7.2 authorizing the issuance of pool and billiard tables license by the License Commission.  6 REGULAR MEETING OF THE CITY COUNCIL, OCTOBER 11, 2016, continued The following LOAN ORDER was read once ADOPTED as presented and Ordered published. A hearing was set for October 24, 2016 at 7:00 P.M. 1st Reading Loan Order – ORDERED: - that the sum of Five Million Dollars ($5,000,000.00) to pay costs of designing, constructing and equipping athletic fields and an athletic complex at Leominster High School, which complex may include restrooms, a press box, concession and other similar facilities, and for the payment of all other costs incidental and related thereto; that to meet this appropriation the Treasurer, with the approval of the Mayor, is authorized to borrow $5,000,000.00 under and pursuant to Chapter 44, Sections 7(3) and 7(25) of the General Laws, or pursuant to any other enabling authority, and to issue bonds or notes of the City therefor. The Mayor is authorized to apply for and accept any and all grants or other funds that may be available to the City on account of this project, and to take all other action necessary or convenient to the carrying out of the purposes of this order. The Police Station Oversite Committee established a meeting on October 19, 2016 at 5:30 P.m. In accordance with Section 3.6 of the Leominster City Charter a vote was taken to request the Planning Board Chairman John Souza, the Planning Director Kristen Kelly, and the Director of Inspections Peter Niall to come down to the Council before the next meeting to discuss the process between the Planning Department and the Building Department after a project has been approved. Also request the City Comptroller John Richard and Treasurer David Laplante to attend the public hearing for the Loan Order on October 24, 2016 at 7:00 P.M. Vt. 9/0 A vote was taken to have Interim Police Chief Goldman to come down to the Council before the next meeting to discuss street closures and Detail Officers. Vt. 9/0 MEETING ADJOURNED AT 8:39 P.M. ________________________________ Lynn A. Bouchard, City Clerk and Clerk of the City Council