City Council

HEARING BEFORE THE CITY COUNCIL, FEBRUARY 23, 2004 Hearing opened at 7:01 P.M. with Councilor Marchand, Chair of the Legal Affairs Committee presiding. All members were present. The following PETITION was the subject of the hearing. 81-04 Ten Registered Voters, Property Owners, et al: Rezone eight parcels of land on Pleasant Street, as shown on Assessor’s Map 494, lots 3 and 18; Map 488, lots 1 and 6; Map 340 lot 2; Map 561, lots 35A, 36A and 37A from Residence B to Residence A Councillor Marchand noted that the hearing notice had been published in the Sentinel & Enterprise on February 9th and February 16th 2004. Councillor Marchand said he had a recommendation from the Building Department to deny this petition, a recommendation from the Health Department stating they had no objections to the granting of this petition and the Department of Public Works said that this has no effect on them. He said that the Planning Board will be having a continuation of their public hearing on March 16, 2004 so we will not be taking action until we get back all remaining outstanding recommendations. Councillor Marchand said a letter was received from Mr. Ralph McAllister who had signed this petition but would like his name removed from it. He said that Mr. McAllister no longer owns this property. HEARING BEFORE THE CITY COUNCIL, FEBRUARY 23, 2004 Henry Lanza, 33 Appletree Lane spoke in support. He said that in the thirty-three years he has lived there he always assumed it was Residence A. He said that when the Zoning Ordinance was changed three years ago there may have been mistakes made. Nona Ojala, 320 Pleasant Street spoke in support. She said that for historical reasons this neighborhood should be Residence A. James Bagley, 329 Pleasant Street spoke in favor. Mr. Bagley said that when he bought his home he thought it was Residence A. John Bulger, 365 Pleasant Street said that six of the seven property owners are also petitioners. He said this section of Pleasant Street should not be Residence B. Mr. Bulger said that this area of the city has always been single- family homes and it should remain that way. Dorothy Rouleau, 5 Lowe Street said she has lived in her home for fifty years and she never dreamed that this neighborhood was not zoned Residence A. She presented three pages of signatures which she collected in a small amount of time on Saturday which supports the rezoning of the seven parcels. George Fiffy, 30 Lowe Street said that the integrity of neighborhood would be compromised if multi-family dwellings were allowed. Michael Antonucci, 41 Woodside Avenue said that he moved into the neighborhood eighteen years ago. He said the neighborhood is all single family. Mr. Antonucci said that much of the natural foliage has been maintained and it has the feel of the country although it is only 1.2 miles from the center of town. He said that when the original plan for development was brought before the Planning Board it was to be rental but when there were objections it suddenly became lots for the builders family members. Mr. Antonucci said he believes once multi-families are built you cannot say to someone that only family members can live there. Joe Payson, 37 Woodside Avenue spoke in support. He said that once they begin building multi-family homes that would open up the area for more development. Councillor Nickel suggested that the hearing be kept open until more input is received from the Planning Board. He said that although they would like to keep the neighborhood the way it is, they must tread lightly so the Council will not be facing legal action from the developer for having a negative effect on a piece of property that he owns. Councillor Dombrowski agreed that the hearing be continued. He said he would like more input from the Building Inspector. Councillor Robert Salvatelli said that he will hold his comments until after the Planning Board meeting. He said he is in favor of this petition and will address the Planning Board on this matter. Councillor Freda asked if they have an opinion from the City Solicitor if this is spot zoning or not. Councillor Marchand said no that if the Planning Board brought up the issue of spot zoning he would then ask for the City Solicitors opinion. Councillor Freda said she feels it is an important question to ask. Councillor Marchand asked her if she meant, as it exists now or if they were to change it. Councillor Freda said if they were to change it would it be spot zoning. Councillor Marchand said he would run that question by Judith Cutler at the city solicitor’s office. Councillor John Salvatelli said that maybe we should look at the Zoning Ordinances that were done a few years ago to see if there are any other area’s where we may run into the same problem. No one spoke in opposition. At 7:35 P.M. the public hearing was ADJOURNED and continued to March 22, 2004 at 7:15 P.M. Ann B. Mahan, City Clerk and Clerk of the City Council REGULAR MEETING OF THE CITY COUNCIL, FEBRUARY 23, 2004 Meeting called to order at 8:07 P.M. Attendance was taken by a roll call vote; all members present. A recess was called at 8:08 P.M. for the Mayor to speak and to hold a public forum. Meeting reconvened at 9:04 P.M. The following COMMUNICATION was received under suspension of the rules as an Emergency Preamble. Vt. 9 “yeas” Upon recommendation of the FINANCE COMMITTEE the following COMMUNICATION was GRANTED and ORDERED. Vt. 9 “yeas”. REGULAR MEETING OF THE CITY COUNCIL, FEBRUARY 23, 2004, continued C-58 Relative to the appropriation of $125,000.00 to the Snow and Ice Expense Account; same to be transferred from the Excess and Deficiency Account. ORDERED:- that the sum of One Hundred Twenty Five Thousand Dollars ($125,000.00) be appropriated to the Snow and Ice Expense Account; same to be transferred from the Excess and Deficiency Account. The following COMMUNICATIONS were received, referred to the FINANCE COMMITTEE and given REGULAR COURSE. C-59 Relative to the appropriation of $149,000.00 to the Street Resurfacing Expense Account; same to be transferred from the Highway State Aid Reserved for Appropriation Account. C-60 Relative to the appropriation of $585,000.00 to the Damages Persons and Property Expense Account; same to be transferred from the Excess and Deficiency Account. C-61 Relative to the appropriation of $40,000.00 to the Highway General Expense Account; same to be transferred from the Excess and Deficiency Account. C-62 Relative to the appropriation of $35,000.00 to the Snow and Ice Overtime Account; same to be transferred from the Excess and Deficiency Account. The following COMMUNICATON was received, referred to the PUBLIC SERVICE and LEGAL AFFAIRS COMMITTEES, given REGULAR COURSE and referred to the Department of Public Works, the Health Department, the Mayor, the City Comptroller and the Solid Waste Committee relative to item #4. C-63 Dean J. Mazzarella, Mayor: Request that the following list of recommendations relative to the current trash disposal policies be accepted: 1. Two bags per week/per household accepted at the Transfer Station at no charge. 2. Leaves and yards waste accepted at no charge at the Transfer Station. 3. Recycling program to continue as it presently exists. 4. Fee all remaining items that are not included above, rates to be determined by the City Council. The following COMMUNICATION was received, referred to the CITY PROPERTY COMMITTEE, given REGULAR COURSE and referred to the City Comptroller and to the Assessors. C-64 Dean J. Mazzarella, Mayor: Request the endorsement in conveying the property located at 50 Central Street. The following PETITION was received, referred to the PUBLIC SERVICE COMMITTEE, and given REGULAR COURSE. A hearing was set for March 8, 2004 at 7:30 P.M. Vt. 9/0 91-04 Massachusetts Electric Company and Verizon New England, Inc.: Danielle Drive: Install one jointly owned pole on Danielle Drive beginning at a point approximately 320 feet west of the centerline of the intersection of Evergreen Drive. The following PETITION was received, referred to the LEGAL AFFAIRS COMMITTEE, given REGULAR COURSE and referred to the Planning Board. A hearing was set for March 29, 2004 at 7:30 P.M. Vt. 9/0 92-04 Richard M. Marchand on behalf of Ten Registered Voters: Amend Chapter 22 of the Revised Ordinances entitled “Zoning” by amending Article VI, Section 22.41.5.4 “Water Supply Protection Use Regulations”; Article III, “Dimensional Regulations” Section 22.27.4 and Section 22.27.8 “General Requirements”. The following APPOINTMENTS were received under Suspension of the Rules Vt. 9/0; referred to the WAYS & MEANS COMMITTEE and CONFIRMED. Vt. 9/0 Election Officers – 2003-2004 – Susan J. Sanguinetti, Kathleen Martino, Beverly Kenny, Joanne Anderson, Spyleos D. Regopoulos. Upon recommendation of the FINANCE COMMITTEE, the following COMMUNICATIONS were GRANTED and ORDERED. Vt. 9 “yeas” C-46 Relative to the appropriation of $2,000.00 to the Cemetery Overtime Account; same to be transferred from the Cemetery Salary and Wages Account. ORDERED:- that the sum of Two Thousand Dollars ($2,000.00) be appropriated to the Cemetery Overtime Account; same to be transferred from the Cemetery Salary and Wages Account. C-47 Relative to the appropriation of $1,500.00 to the Emergency Management Agency Expense Account; same to be transferred from the General Fund Capital Outlay Investment Program Fund. ORDERED: - that the sum of One Thousand Five Hundred Dollars ($1,500.00) be appropriated to the Emergency Management Agency Expense Account; same to be transferred from the General Fund Capital Outlay Investment Program Fund. REGULAR MEETING OF THE CITY COUNCIL, FEBRUARY 23, 2004, continued C-48 Relative to the appropriation of $30,000.00 to the Parking Meter Salary & Wages Account; same to be transferred from the Parking Meter Receipts Reserved for Appropriation Account. ORDERED:- that the sum of Thirty Thousand Dollars ($30,000.00) be appropriated to the Parking Meter Salary & Wages Account; same to be transferred from the Parking Meter Receipts Reserved for Appropriation Account. Re: Part-time Clerical $14,963.50 Parking Enforcement $15,036.50 C-49 Relative to the appropriation of $6,000.00 to the Parking Meter Expense Account; same to be transferred from the Parking Meter Receipts Reserved for appropriation Account. ORDERED:- that the sum of Six Thousand Dollars ($6,000.00) be appropriated to the Parking Meter Expense Account; same to be transferred from the Parking Meter Receipts Reserved for Appropriation Account. RE: funds are to be used for repair and maintenance of machines in the garage and meters on the street, electricity and the computer company that handles the billing. C-50 Relative to the appropriation of $2,750.00 to the Mayor’s Office Expense Account; same to be transferred from the Excess and Deficiency Account. ORDERED:- that the sum of Two Thousand Seven Hundred Fifty Dollars ($2,750.00) be appropriated to the Mayor’s Office Expense Account; same to be transferred from the Excess and Deficiency Account. RE: Funds are to be used for a new copy machine. This expense will be divided between the Mayor’s Office and the Zoning Board of Appeals. C-51 Relative to the appropriation of $2,750.00 to the Zoning Board of Appeals Expense Account; same to be transferred from the Excess and Deficiency Account. ORDERED:- that the sum of Two Thousand Seven Hundred Fifty Dollars ($2,750.00) be appropriated to the Zoning Board of Appeals Expense Account; same to be transferred from the Excess and Deficiency Account. RE: Funds are to be used for a new copy machine. This expense will be divided between the Mayors Office and the Zoning Board of Appeals. C-52 Relative to the appropriation of $4,000.00 to the Highway Expense Account; same to be transferred from the Excess and Deficiency Account. ORDERED:- that the sum of Four Thousand Dollars ($4,000.00) be appropriated to the Highway Expense Account; same to be transferred from the Excess and Deficiency Account. C-53 Relative to the appropriation of $5,000.00 to the Police Anti-Drug Task Force Expense Account; same to be transferred from the Excess and Deficiency Account. ORDERED:- that the sum of Five Thousand Dollars ($5,000.00) be appropriated to the Police Anti-Drug Task Force Expense Account; same to be transferred from the Excess and Deficiency Account. Upon recommendation of the FINANCE COMMITTEE, the following COMMUNICATION was AMENDED Vt. 9/0, and GRANTED and ORDERED as AMENDED. Vt.9 “yeas”. Amended from $21,350.00 to $25,350.00. C-54 Relative to the appropriation of $25,350.00 to the Fire Department Expense Account; same to be transferred from the Excess and Deficiency Account. ORDERED:- that the sum of Twenty Five Thousand Three Hundred Fifty Dollars ($25,350.00) be appropriated to the Fire Department Expense Account; same to be transferred from the Excess and Deficiency Account. A recess was called at 10:09 P.M. Meeting reconvened at 10:46 P.M. The following letter relative to Petition 87-04 from the Health Department was read into the record. Dear Mrs. Mahan Re: Comments on Petitions 87-04 and 90-04 In accordance with your request the Health Department has reviewed the above-referenced petitions and respectively submits the following comments: 87-04 The Health Department fully supports any effort to eliminate the sewage flow from the City of Fitchburg to the Notown Reservoir and to Pierce Pond. During the spring and summer of 2003, it was discovered that sewage discharges originating form Fitchburg were entering these two water bodies. The Notown reservoir is a major REGULAR MEETING OF THE CITY COUNCIL, FEBRUARY 23, 2004, continued source of drinking water for the city and Pierce Pond is a recreational water resource. Because this petition deals specifically with the Notown Reservoir we will limit our comments to that subject. On August 4, 2003 Health Department personnel observed and smelled gray water with floating debris discharging from a storm sewer outfall pipe a the end of Shea Street Extension in Fitchburg. The outfall flows into a direct tributary to the Notown Reservoir. Laboratory analysis of samples collected at that time confirmed that the discharge contained elevated levels of coliform and enterococci bacteria (commonly found in human waste). The information was quickly passed onto the city of Fitchburg and to the Department of Environmental Protection (MADP). Later in August of 2003 we accompanied Fitchburg personnel in an attempt to identify a source of the contamination by investigating the sewer system in the Shea Street area. We also reviewed sample analysis, consulted with the Leominster Land Trust, the City of Fitchburg and the MADEP about the problem. We continued to emphasize that this was a major concern that needed to be remedied as soon as possible. Unfortunately the MADEP Administrative Consent Order (ACO) to correct was not fully executed until February 4, 2004, approximately 6 months since the initial sampling was collected and analyzed. The ACO is the document that describes the required actions that the City of Fitchburg must take to remediate this problem. It is this writers opinion that the document does not provide enough incentive to remediate the problem quickly because it sets no time limits and that the fine stipulated for violation of the orders are of little consequence. Although some monitoring and testing hs been done since August, the Leominster Health Department has no recent information that would indicate any progress has been made. We support any legal action that can be brought to the situation as it is the only remaining recourse to expedite the protection of the drinking water supply for the City of Leominster. /s/ Christopher J. Knuth Director, Health Department Upon recommendation of the PUBLIC SERVICE COMMITTEE, the following PETITION was GRANTED. Vt. 9/0 87-04 David L. Higgins Jr.,: Correct the public health problem of sewage flowing from an outfall sewer in Fitchburg into the Notown Reservoir causing an immediate and present danger to the citizens of Leominster. Upon request of the LEGAL AFFAIRS COMMITTEE, the following PETITION was given FURTHER TIME. Vt. 8/0 Councillor Nickel abstained due to the fact he was not present at the public hearing. 82-04 Alton Day Stone, P.E., Alton Engineering for Walter Fiore: Grant a Special Permit for restoration of 250 linear feet of bank on Pierce Pond and 140 linear feet of intermittent stream; replication and restoration of 8,700 square feet of bordering vegetated wetland, replication of 4,000 square feet of bordering vegetated wetland and compensatory storage of 27,000 cubic feet of bordering land subject to flooding at 729 West Street, as shown on Assessors Map 262 as lots 43 & 44, located in the Flood Zone. Upon request of the LEGAL AFFAIRS COMMITTEE, the following PETITION was TABLED FOR STUDY. Vt. 9/0 88-04 Dean VivoAmore and Gary Hier: Rezone from 301 Lancaster Street to Marguerite Avenue as shown on Assessors’ Map 484, lots 8 & 9 from Business B to Commercial.(Hearing is scheduled for March 8, 2004 at 7:00 P.M.) Upon recommendation of the LEGAL AFFAIRS COMMITTEE, the following PETITION was GRANTED. Vt. 9/0 89-04 Gary J. Ranno and James Lanciani Jr.: Request that a Haws Memorial Chapel donation account be established for the maintenance of Haws Memorial Chapel and grounds. Upon request of the LEGAL AFFAIRS COMMITTEE, the following PETITION was TABLED FOR STUDY. Vt. 9/0 90-04 James Normandin: Grant a Special Permit to convert an existing building located at 140 Adams Street into 55 apartments as shown on Assessors Map 6 as lot 3, located in an Industrial Zone within flood plain district. (Hearing is scheduled for March 29, 2004 at 7:00 P.M.) Upon recommendation of the PUBLIC SAFETY COMMITTEE, the following PETITION was GRANTED. Vt. 9/0 85-04 Sarah Ann Balthazar and Richard M. Marchand: Request a formal traffic flow assessment at the intersection of Nelson Street and North Main Street, Lindell Avenue and North Main Street, and North Main Street and the front entrance of the U Mass Medical Campus to be conducted by the Police, Fire, Public Works and Wire Department. Upon recommendation of the WAYS & MEANS COMMITTEE, the following COMMUNICATION was GRANTED and ORDERED. Vt. 9 “yeas” C-55 Relative to the appropriation of $11,288.60 to the C.D.B.G. Housing Rehabilitation Expense Account; same to be transferred from various C.D.B.G. Accounts. REGULAR MEETING OF THE CITY COUNCIL, FEBRUARY 23, 2004, continued ORDERED:- that the sum of Eleven Thousand Two Hundred Eighty Eight Dollars and Sixty Cents ($11,288.60) be appropriated to the C.D.B.G. Housing Rehabilitation Expense Account; same to be transferred from the following C.D.B.G. Accounts: Drop-A-Dime Expense $ 165.62 Boys and Girls Club Expenses 211.04 LHA Learning Center 2,500.00 Riverside Village 2,500.00 Satellite Police Station 49.99 Satellite Office – Third Street 786.64 D.P.W. Tree Planting 10.25 Montachusett Opportunity Council 5,065.06 $11,288.60 Upon recommendation of the WAYS & MEANS COMMITTEE, the following COMMUNICATION was GRANTED. Vt. 9/0 C-56 Dean J. Mazzarella, Mayor: Support a resolution declaring the month of May as Children’s Mental Health Month in the City of Leominster. Upon recommendation of the COMMITTEE ON SCHOOLS, the following COMMUNICATION was GRANTED. Vt. 9/0 C-57 Dean J. Mazzarella, Mayor: Establish the Tobin Family Trust Fund, to use monies donated by the Tobin Family for the benefit of the students at the Leominster High School, Library/Media Center. Upon recommendation of the COMMITTEE ON SCHOOLS, the following PETITION was GRANTED. Vt. 9/0 86-04 John R. Grossi: Accept a donation of $2,600.00 to be used as a $500 a year scholarship at Leominster High School in memory of Nancy L. (Wright) Grossi, RN to support and encourage students to pursue a career in nursing. Upon recommendation of the WAYS & MEANS COMMITTEE, the following APPOINTMENT was CONFIRMED. Vt. 9/0 Recreation Commission – Jodie L. Dube – term to expire April 15, 2005 (to fill the unexpired term of Robert Creed Jr.) Upon recommendation of the WAYS & MEANS COMMITTEE, the following RESOLUTION was ADOPTED. Vt. 9 “yeas” RESOLUTION WHEREAS: The Surgeon General of the United States reports that 1 in 10 youth have mental health problems. More youth suffer with psychiatric illness than from leukemia, diabetes and AIDS combined. A growing number of children are recognized as having emotional and behavioral disorders each year; and an estimated 200,000 children and youth in Massachusetts exhibit some type of emotional disorder; and WHEREAS: Children’s mental health problems can have grave consequences such as school failure, family discord, alcohol and other drug use or violence. The general public lacks the information needed to fully understand children’s emotional and behavioral disorders, and WHEREAS: Every adult in our city can have a positive influence on the lives of the children around them through their efforts as parents, grandparents, neighbors, friends, counselors and teachers and through membership in organizations, churches and business; and WHEREAS: For over 50 years May has been nationally recognized as Mental Health Month. The National Mental Health Association indicates the necessity for immediate and wide ranging changes in our recognition, acceptance and service delivery to those in need; and WHERAS: Community agencies will participate in the month-long effort to increase awareness and access to mental health services. This effort will include screenings, workshops, exhibits, and other events aimed at raising community awareness. THEREFORE: The Leominster City Council, do hereby proclaim the month of May to be: CHILDREN’S MENTAL HEALTH MONTH In Leominster and urge all of our citizens to participate in activities in recognition therefore. James Lanciani, Jr., City Council President /s/ Dean J. Mazzarella, Mayor /s/ REGULAR MEETING OF THE CITY COUNCIL, FEBRUARY 23, 2004, continued Under New Business, Councillor Marchand said that he wanted to remind people not to park on the sidewalks. He said he is getting a lot of complaints because it makes it difficult walking when the cars are on the sidewalks. Councillor Freda said that the Vocational Awards for the Rotary Club will be March 30,2004. She said there is more information to follow but she wants to let everyone know that the date is set so they can mark their calendars. Ann B. Mahan, City Clerk and Clerk of the City Council