CITY OF NORTH ADAMS City Clerk's Office

May 19,2011

OPEN FORUM

I hereby notify you that at twelve o'clock noon today the following items of business have been filed with this office and will be acted upon at the meeting in the City Council Chambers at City Hall, Tuesday evening May 24,2011 at seven-thirty o'clock according to Section 8, Rules and Orders of the City Council.

Marilyn Gorneau

City Clerk

REGULAR :MEETING OF THE CITY COUNCIL May 10,2011

Approval of the minutes from the meeting of May 10,2011.

Approval of the minutes from the Special Meeting on May 13,2011.

11,065-4

An Ordinance amending Chapter 2, Section 2-28(a) of the Revised Ordinance, Schedule B, Compensation Plan, Part IV for FY' 11, which was passed to a second reading and publish as required by law, two opposed at the meeting of May lOth

11,130

Communication submitted by Council President regarding signage at Roberts Drive, which was postponed at the meting of April l Z'",

11,158

Mayor's communication #28 regarding the North Adams Ambulance.

CORRESPONDENCE

COUNCILLOR'S CONCERNS

11,159

Mayor's communication #29 presenting Prop 2 'l'2

Office of the Mayor Richard J. Alcombright

CITY OF NOlITH ADAMS, MASSACHUSETTS

May 24, 2011 #28

The North Adams City Council North Adams, Massachusetts

Re: North Adams Ambulance Service

Dear Honorable Members:

The North Adams Ambulance Service would like to make a presentation at the City Council meeting.

In connection with that, I will be presenting a Special Service Award.

Thank you for allowing this to be on the agenda.

Sincerely,

Mayor

10 Main Street • North Adams, Massachusetts 01247 (413) 662-3000

CITY OF NORTH ADAMS, MASSACHUSETTS

Office of the Mayor Richard J. Alcombright

#29

May 24, 2011

The North Adams City Council North Adams, Massachusetts

Re: Prop 2 Y2 Presentation

Dear Honorable Members:

Consistent with my comments at the Special Meeting held on May 13th, I would like to make a brief presentation regarding the Proposition 2 Y2 ballot question.

My presentation should not exceed 15 minutes and I will answer any questions or concerns at the end.

Thank you for this opportunity.

Sincerely,

Mayor

10 Main Street • North Adams, Massachusetts 01247 (413) 662-3000

Office of the City Clerk City of North Adams

10 Main Street Room 109 North Adams, Massachusetts 01247 (413) 662-3015

City Clerk Marilyn Garneau

REGULAR MEETING OF THE CITY COUNCIL May 10, 2011

A meeting of the North Adams City Council was held at 7:30pm in City Council Chambers with the following present:

COUNCILORS PRESENT: Blackmer, Bloom, Boland, Bona, Bond, Boucher, Harpin, Lamarre, Marden.

A moment of silent prayer was observed. The Pledge of Allegiance was recited.

On motion of Councilor Harpin, duly seconded by Councilor Lamarre it was VOTED: to accept

the minutes of April 26th.. '

The President presented a communication submitted by Councilor Boucher regarding a zoning change located at 420 Curran Memorial Highway. A Public Hearing was held with the Planning Board on May 9th•

On motion of Councilor Harpin, duly seconded by Councilor Bona it was VOTED: to file the communication.

The President presented an Ordinance amending Chapter 9 of the Revised Ordinances entitled Hawkers, Peddlers and Transient Vendor, Section 9-2 Same-Granting, which was postponed at the meeting of February 8th.

On motion of Councilor Marden, duly seconded by Councilor Bona it was VOTED: to postpone to the July 1 ih.

The President presented a communication submitted by former Councilor Cariddi regarding Lue Gim Gong, which was postponed at the meeting of April 12th.

The Historical Commission has reviewed this request and has several ideas as to how to honor him.

On motion of Councilor Bloom, duly seconded by Councilor Marden it was VOTED: to file the communication.

The President presented a communication submitted by Council President regarding the adoption of MOL, Chapter 90, Section 16A, anti-idling law, which was postpone at the meeting of April 26th•

On motion of Councilor Marden, duly seconded by Councilor Bloom it was VOTED·: to file the communication.

The President presented an Order accepting the provisions of MGL, Chapter 90, Section 16A, 310 Code of Massachusetts Regulations, Section 7.11 and MOL, Chapter 111, Section 142C- 142M.

On motion of Councilor Marden, duly seconded by Councilor Bond it was VOTED: to adopt the Order.

1

The Order was adopted by yea and nay vote as follows: yea Councilor Blackmer, Bloom, Boland, Bona, Bond, Boucher, Harpin, Lamarre, Marden, nay none.

The President presented a communication submitted by Council President regarding a street name change at the location of Cascade School Supplies, which was referred to the Community

Development Committee. .

Councilor Blackmer reported the committee had not met.

On motion of Councilor Bloom, duly seconded by Councilor Harpin it was VOTED: to postpone to the meeting of June 14th.

The President presented Mayor's communication #20 requesting John DeVillars, manager of Blue Wave Capital to give a presentation on the solar project.

Mr. DeVillars presented to the Council the advantages of solar energy to the City. He explained this project is all part of the Green Community Act that Michael Rosenburg began for the City. All Councilors had questions for Mr. DeVillars in regards to the cost of the project, creating jobs, savings to the City, .and lack of sunlight in the winter months.

Mr. Cardimino, 173 East Quincy Street asked if solar power would be available to residents to purchase. Mr. DeVillars said at some point this would be offered to residents at no cost up front but it would require a 20 year lease.

Catherine Chaput ofMCLA questioned what provisions would be made to the fact that we get a lot of snow, which would cover the panels. Mr. De Villars said they would be installed at an angle, allowing the snow to slide off the panels.

Without objection the President placed the communication in file.

The President presented Mayor's communication #21 requesting a settlement with the DPW for FY'll.

Without objection the President placed the communication on file.

The Mayor explained that this was a fair settlement with the union that he was bringing before the Council. It would allow for a 1 % raise for FY' 11 retroactive and 1 % for FY' 12 and a 2% for FY'13.

The President presented an Ordinance amending Chapter 2, Section 2-28(a) of the Revised Ordinances, Schedule B, Compensation Plan, Part IV for FY'11.

On motion of Councilor Bloom, duly seconded by Councilor Bond it was VOTED: to pass to a

second reading and publish as required by law. .

Councilor Harpin was concerned about funding the pay raises for the DPW. She was under the understanding that all negotiations with the unions had stopped. How is the City going to fund this over the next two years, when the City is having problems funding the FY' 12 fiscal year. Councilor Blackmer expressed that it is very hard to ask the residents for an override vote and then be asked to approve raises. We have already gone over budget this year with overtime for DPW and the department of Public Safety, from what she had heard, the union requests were unreasonable.

The Mayor feels that the City and the union came to a fair arrangement. He said he was asking the Council to fund the compensation plan, because he is done with all the surprises he has had over the past year and a half.

Councilor Bloom and Bona were in agreement with the Mayor. Councilor Bloom does not believe that the public is being sent a wrong message.

2

Without objection Council President removed himself from the chair in order to take part in the discussion. Council Vice President Blackmer took the chair.

Councilor Boucher expressed that he was not in favor of the increase and thinks everything at this point should be frozen. We are going to be asking for an override vote, in the event this does not happen what is plan B. If the DPW gets their raises, what plans are made for non-union employees? The Mayor said typically non-union employees get what the unions do when there is a settlement, but at this time there will be no increases for non-union employees.

Robert Cardimino, 173 East Quincy Street questioned where did the money come from to fund this and what other benefits did they get. The Mayor responded with the money was already factored into the FY' 11 budget and the mechanic received a $75 increase for tools and the workers got a $100 increase in their clothing allowance.

The Council voted eight to one to pass to a second reading and publish as required by law, with Councilor Harpin opposed.

Council President resumed the chair.

The President presented Mayor's communication #22 requesting a debt restructing. Without objection the President placed the communication on file.

Councilor Bloom gave the report of the finance committee.

Council President noted an amendment on the report to read special election 2011, not 2012. On motion of Councilor Bloom, duly seconded by Councilor Marden it was VOTED: to accept the Committee report as amended.

The President presented an Order authorizing the Treasurer with the approval of the Mayor to restructure the debt,under MGL Chapter 44, Section 7(9).

On motion of Councilor Bond, duly seconded by Councilor Marden it was VOTED: to adopt the Order.

The Order was adopted by yea and nay vote as follows: yea Councilor Blackmer, Bloom, Boland, Bona, Bond, Boucher, Harpin, Lamarre, Marden, nay none.

The President presented Mayor's communication #23 recommending a refunding bond loan. Without objection the President placed the communication on file.

The President presented an Order authorizing the Treasurer with the approval of the Mayor to issue refunding bonds in accordance with the provisions of Chapter 44, Section 21A of the Massachusetts General Laws.

On motion of Councilor Marden, duly seconded by Councilor Blackmer it was VOTED: to adopt the Order.

The Order was adopted by yea and nay vote as follows: yea Councilor Blackmer, Bloom, Boland, Bona, Bond, Boucher, Harpin, Lamarre, Marden, nay none.

The President presented Mayor's communication #24 requesting Council to rescind Council paper #11, 145.

Without objection the President placed the communication on file.

The President presented an Order rescinding Council Order 11,145 dated Aprillih.

On motion of Councilor Blackmer, duly seconded by Councilor Harpin it was VOTED: to adopt the Order, with Councilor Bona and Bond abstaining.

The Order to rescind was adopted by yea and nay vote as follows; yea Councilor Blackmer, Bloom, Boland, Boucher, Harpin, Lamarre, Marden, nay none.

3

The President presented Mayor's communication #25 designating the former Transcript site as an Economic Opportunity Area.

Without objection the President placed the communication on file.

The President presented a Resolution authorizing the Mayor to designate the former Transcript site as an Economic Opportunity Area.

On motion of Councilor Bloom, duly seconded by Councilor Harpin it was VOTED: to adopt the Resolution, with Councilor Bond and Bona abstaining.

The Resolution was adopted by yea and nay vote as follows: yea Councilor Blackmer, Bloom, Boland, Boucher, Harpin, Lamarre, Marden, nay none.

The President presented Mayor's communication #26 requesting permission to enter into a TIF agreement with Scarafoni Associates Nominee Trust.

Without objection the President placed the communication on file.

The President presented an Order authorizing the Mayor to enter into a TIF agreement with Scarafoni Associates Nominee Trust.

On motion of Councilor Bloom, duly seconded by Councilor Harpin it was VOTED: to adopt the Order, with Councilor Bona and Bond abstaining.

The Order was adopted by yea and nay vote as follows: yea Councilor Blackmer, Bloom, Boland, Boucher, Harpin, Marden, nay none.

The President presented Mayor's communication #27 recommending the reappointment of Elizabeth DiLego to the Board of Registrars.

On motion of Councilor Harpin, duly seconded by Councilor Marden it was VOTED: to confirm the appointment.

The President presented a communication submitted by Council President allowing Mr. Michael Chalifoux to speak on the loss and lack of funding for our local veterans.

Mr. Chalifoux addressed the Council about funding for the Veterans of our community and the surrounding area. He explained that the Veterans Outreach Center that ran for 19 years had been closed, which served close to 500 Veterans. He asked the Council to consider drafting a Resolution to forward to State and Local officials.

On motion of Councilor Bloom, duly seconded by Councilor Marden it was VOTED: to refer to the Community Development Committee and postpone to the July 26th meeting.

The President presented an application for a renewal of a secondhand license submitted by Timothy Randall of 181 Bracewell Avenue in the business name of "Sanford and Kid" located at

. 160 Houghton Street.

On motion of Councilor Bloom, duly seconded by Councilor Harpin it was VOTED: to grant the license.

The President called for anyone wishing to speak in Open Forum, Catherine Chaput from MCLA a political science major at the college would like to work with the City and with Develop North Adams to establish a link that will help both the City and MCLA.

With no further business to come before the Council a motion to adjourn was in order. VOTED: to adjourn at 10:40pm A True Record Attest,

4

Office of the City Clerk City of North Adams

10 Main Street Room 109 North Adams, Massachusetts 01247 (413) 662-3015

City Clerk Marilyn Gomeau

REGULAR MEETING OF THE CITY COUNCIL May 10,2011

A meeting of the North Adams City Council was held at 7:30pm in City Council Chambers with the following present:

COUNCILORS PRESENT: Blackmer, Bloom, Boland, Bona, Bond, Boucher, Harpin, Lamarre, Marden.

A moment of silent prayer was observed. The Pledge of Allegiance was recited.

On motion of Councilor Harpin, duly seconded by Councilor Lamarre it was VOTED: to accept

the minutes of April 26th. .

The President presented a communication submitted by Councilor Boucher regarding a zoning change located at 420 Curran Memorial Highway. A Public Hearing was held with the Planning Board on May 9th,

On motion of Councilor Harpin, duly seconded by Councilor Bona it was VOTED: to file the communication.

The President presented an Ordinance amending Chapter 9 of the Revised Ordinances entitled Hawkers, Peddlers and Transient Vendor, Section 9-2 Same-Granting, which was postponed at the meeting of February 8th.

On motion of Councilor Marden, duly seconded by Councilor Bona it was VOTED: to postpone to the July lih,

The President presented a communication submitted by former Councilor Cariddi regarding Lue Gim Gong, which was postponed at the meeting of April iz".

The Historical Commission has reviewed this request and has several ideas as to how to honor him.

On motion of Councilor Bloom, duly seconded by Councilor Marden it was VOTED: to file the communication.

The President presented a communication submitted by Council President regarding the adoption ofMGL, Chapter 90, Section 16A, anti-idling law, which was postpone at the meeting of April 26th•

On motion of Councilor Marden, duly seconded by Councilor Bloom it was VOTED: to file the communication.

The President presented an Order accepting the provisions of MGL, Chapter 90, Section 16A, 310 Code of Massachusetts Regulations, Section 7.11 and MGL, Chapter 111, Section 142C- 142M.

On motion of Councilor Marden, duly seconded by Councilor Bond it was VOTED: to adopt the Order.

1

The Order was adopted by yea and nay vote as follows: yea Councilor Blackmer, Bloom, Boland, Bona, Bond, Boucher, Harpin, Lamarre, Marden, nay none.

The President presented a communication submitted by Council President regarding a street name change at the location of Cascade School Supplies, which was referred to the Community Development Committee.

Councilor Blackmer reported the committee had not met.

On motion of Councilor Bloom, duly seconded by Councilor Harpin it was VOTED: to postpone to the meeting of June 14th.

The President presented Mayor's communication #20 requesting John DeVillars, manager of Blue Wave Capital to give a presentation on the solar project.

Mr. De Villars presented to the Council the advantages of solar energy to the City. He explained this project is all part of the Green Community Act that Michael Rosenburg began for the City. All Councilors had questions for Mr. DeVillars in regards to the cost of the project, creating jobs, savings to the City, and lack of sunlight in the winter months.

Mr. Cardimino, 173 East Quincy Street asked if solar power would be available to residents to purchase. Mr. DeVillars said at some point this would be offered to residents at no cost up front but it would require a 20 year lease.

Catherine Chaput of MCLA questioned what provisions would be made to the fact that we get a lot of snow, which would cover the panels. Mr. De Villars said they would be installed at an angle, allowing the snow to slide off the panels.

Without objection the President placed the communication in file.

The President presented Mayor's communication #21 requesting a settlement with the DPW for FY'll.

Without objection the President placed the communication on file.

The Mayor explained that this was a fair settlement with the union that he was bringing before the Council. It would allow for a 1 % raise for FY' 11 retroactive and 1 % for FY' 12 and a 2% for FY'13.

The President presented an Ordinance amending Chapter 2, Section 2-28(a) of the Revised Ordinances, Schedule B, Compensation Plan, Part IV for FY' 11.

On motion of Councilor Bloom, duly seconded by Councilor Bond it was VOTED: to pass to a second reading and publish as required by law.

Councilor Harpin was concerned about funding the pay raises for the DPW. She was under the understanding that all negotiations with the unions had stopped. How is the City going to fund this over the next two years, when the City is having problems funding the FY' 12 fiscal year. Councilor Blackmer expressed that it is very hard to ask the residents for an override vote and then be asked to approve raises. We have already gone over budget this year with overtime for DPW and the department of Public Safety, from what she had heard, the union requests were unreasonable.

The Mayor feels that the City and the union came to a fair arrangement. He said he was asking the Council to fund the compensation plan, because he is done with all the surprises he has had over the past year and a half.

Councilor Bloom and Bona were in agreement with the Mayor. Councilor Bloom does not believe that the public is being sent a wrong message.

2

Without objection Council President removed himself from the chair in order to take part in the discussion. Council Vice President Blackmer took the chair.

Councilor Boucher expressed that he was not in favor of the increase and thinks everything at this point should be frozen. We are going to be asking for an override vote, in the event this does not happen what is plan B. If the DPW gets their raises, what plans are made for non-union employees? The Mayor said typically non-union employees get what the unions do when there is a settlement, but at this time there will be no increases for non-union employees.

Robert Cardimino, 173 East Quincy Street questioned where did the money come from to fund this and what other benefits did they get. The Mayor responded with the money was already factored into the FY' 11 budget and the mechanic received a $75 increase for tools and the workers got a $100 increase in their clothing allowance.

The Council voted eight to one to pass to a second reading and publish as required by law, with Councilor Harpin opposed.

Council President resumed the chair.

The President presented Mayor's communication #22 requesting a debt restructing. Without objection the President placed the communication on file.

Councilor Bloom gave the report of the finance committee.

Council President noted an amendment on the report to read special election 2011, not 2012. On motion of Councilor Bloom, duly seconded by Councilor Marden it was VOTED: to accept the Committee report as amended.

The President presented an Order authorizing the Treasurer with the approval of the Mayor to restructure the debt, under MGL Chapter 44, Section 7(9).

On motion of Councilor Bond, duly seconded by Councilor Marden it was VOTED: to adopt the Order.

The Order was adopted by yea and nay vote as follows: yea Councilor Blackmer, Bloom, Boland, Bona, Bond, Boucher, Harpin, Lamarre, Marden, nay none.

The President presented Mayor's communication #23 recommending a refunding bond loan. Without objection the President placed the communication on file.

The President presented an Order authorizing the Treasurer with the approval of the Mayor to issue refunding bonds in accordance with the provisions of Chapter 44, Section 21 A of the Massachusetts General Laws.

On motion of Councilor Marden, duly seconded by Councilor Blackmer it was VOTED: to adopt the Order.

The Order was adopted by yea and nay vote as follows: yea Councilor Blackmer, Bloom, Boland, Bona, Bond, Boucher, Harpin, Lamarre, Marden, nay none.

The President presented Mayor's communication #24 requesting Council to rescind Council paper #11, 145.

Without objection the President placed the communication on file.

The President presented an Order rescinding Council Order 11,145 dated April 12th.

On motion of Councilor Blackmer, duly seconded by Councilor Harpin it was VOTED: to adopt the Order, with Councilor Bona and Bond abstaining.

The Order to rescind was adopted by yea and nay vote as follows; yea Councilor Blackmer, Bloom, Boland, Boucher, Harpin, Lamarre, Marden, nay none.

3

The President presented Mayor's communication #25 designating the former Transcript site as an Economic Opportunity Area.

Without objection the President placed the communication on file.

The President presented a Resolution authorizing the Mayor to designate thefonner Transcript site as an Economic Opportunity Area.

On motion of Councilor Bloom, duly seconded by Councilor Harpin it was VOTED: to adopt the Resolution, with Councilor Bond and Bona abstaining.

The Resolution was adopted by yea and nay vote as follows: yea Councilor Blackmer, Bloom, Boland, Boucher, Harpin, Lamarre, Marden, nay none.

The President presented Mayor's communication #26 requesting permission to enter into a TIF agreement with Scarafoni Associates Nominee Trust.

Without objection the President placed the communication on file.

The President presented an Order authorizing the Mayor to enter into a TIF agreement with Scarafoni Associates Nominee Trust.

On motion of Councilor Bloom, duly seconded by Councilor Harpin it was VOTED: to adopt the Order, with Councilor Bona and Bond abstaining.

The Order was adopted by yea and nay vote as follows: yea Councilor Blackmer, Bloom, Boland, Boucher, Harpin, Marden, nay none.

The President presented Mayor's communication #27 recommending the reappointment of Elizabeth DiLego to the Board of Registrars.

On motion of Councilor Harpin, duly seconded by Councilor Marden it was VOTED: to confirm the appointment.

The President presented a communication submitted by Council President allowing Mr. Michael Chalifoux to speak on the loss and lack of funding for our local veterans.

Mr. Chalifoux addressed the Council about funding for the Veterans of our community and the surrounding area. He explained that the Veterans Outreach Center that ran for 19 years had been closed, which served close to 500 Veterans. He asked the Council to consider drafting a Resolution to forward to State and Local officials.

On motion of Councilor Bloom, duly seconded by Councilor Marden it was VOTED: to refer to the Community Development Committee and postpone to the July 26th meeting.

The President presented an application for a renewal of a secondhand license submitted by Timothy Randall of 181 Bracewell Avenue in the business name of "Sanford and Kid" located at 160 Houghton Street.

On motion of Councilor Bloom, duly seconded by Councilor Harpin it was VOTED: to grant the license.

The President called for anyone wishing to speak in Open Forum, Catherine Chaput from MCLA a political science major at the college would like to work with the City and with Develop North Adams to establish a link that will help both the City and MCLA.

With no further business to corne before the Council a motion to adjourn was in order. VOTED: to adjourn at 1 0:40pm A True Record Attest,

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