City Council

HEARING BEFORE THE CITY COUNCIL, August 9, 2004 Hearing opened at 7:10 P.M. with Councillor Marchand, Chair of the Legal Affairs Committee presiding. All members were present. The following ORDINANCE was the subject of the hearing. Relative to amending Chapter 22 of the Revised Ordinances entitled “Zoning” by changing the Leominster Zoning Map so that the following parcels on Pleasant Street, currently designated in the Residential B district, shall be in the Residential A district: Assessors Map 494, Lots 3 and 18; Assessors Map 488, Lots 1 and 6; Assessors Map 340, Lot 2; Map 561, Lots 35A, 36A and 37A. Councillor Marchand stated that the hearing notice was duly published on July 26, 2004 and August 2, 2004. He said that we are having an additional hearing because of a timeline. Speaking in favor of the ordinance was the following: Nona Ojala, 320 Pleasant Street Dorothy Rouleau, 54 Lowe Street Barry LaLiberty, 350 Pleasant Street George Fiffy, 33 Lowe Street Robert Montgomery, 392 Pleasant Street Speaking in opposition of the ordinance were the following: Nancy Wyrebek, 353 Pleasant Street William Wyrebek, 353 Pleasant Street Krista Penning, 189 Biscayne Street Michelle LaFrance, 17 Devon Road Donna LeFebvre, 37 Theodore Drive Dawn Merrifield, 10 Tisdale Avenue Councillor Marchand said that the first reading was adopted by a 9/0 vote. He said the Planning Boarding will be meeting relative to this ordinance on August 17, 2004 and he hopes to have their recommendation back for the Legal Affairs Committee Meeting that is scheduled for August 18, 2004. Councillor Dombrowski asked if they could consolidate this petition and the one that was submitted by Mr. Wyrebek. Councillor Marchand said they could not because of the timelines. He suggested that opposing parties get together and try to resolve some of the issues. HEARING ADJOURNED: 8:02 P.M. Ann B. Mahan, City Clerk and Clerk of the City Council REGULAR MEETING OF THE CITY COUNCIL, August 9, 2004 Meeting called to order at 8:03 P.M. Attendance was taken by a roll call vote; all members present. The Committee on Records reported that the records were examined through July 12, 2004 and found to be in order. A recess was called at 8:05 P.M. to hold a public forum. Meeting reconvened at 8:24 P.M. The following COMMUNICATIONS were received, referred to the FINANCE COMMITTEE and given REGULAR COURSE. C-9 Relative to the appropriation of $9,480.00 to the Emergency Management Agency Expense Account; same to be raised by FY 2005 Revenue Account. C-10 Relative to the appropriation of $15,500.00 to the Street Resurfacing Expense Account; same to be transferred from the Highway State Aid Reserved for Appropriation Account. The following COMMUNICATION was received, referred to the LEGAL AFFAIRS COMMITTEE, given REGULAR COURSE and referred to the Mayor. C-11 Dean J. Mazzarella, Mayor: Authorize the Mayor to enter into a perpetual easement agreement with the Pilgrim Congregational church of Leominster to establish a shared parking lot, a walkway and a temporary easement for construction work in furtherance of the library expansion project. REGULAR MEETING OF THE CITY COUNCIL, August 9, 2004, continued The following COMMUNICATION was received, referred to the WAYS & MEANS COMMITTEE and given REGULAR COURSE. C-12 Relative to the appropriation of $3,919.31 to the C.D.B.G. Housing Rehabilitation Expense Account; same to be transferred from the following C.D.B.G. accounts: Life Skills Expenses $1,000.00 Taylor St. Co. SAT Prep Program 50.00 M.O.O.N. Report Drug Traffic Program 394.42 Mayor’s Office – Energy Assistance 1,870.61 Leominster Police Drug Suppression 604.28 The following PETITION was received, referred to the PUBLIC SERVICE COMMITTEE and given REGULAR COURSE. A hearing was set for August 23, 2004 at 6:55 P.M. 10-04 Massachusetts Electric Company and Verizon New England, Inc.: Pleasant Street; Relocate one jointly owned pole on Pleasant Street at a point approximately 81 feet south of the centerline of the intersection of Lisa Drive and continuing approximately 25 feet in a northerly direction. 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 Department and the Conservation Commission. A hearing was set for September 27, 2004 at 7:00 P.M. 11-04 William Wyrebek, An Individual Owning Land to be Affected by Change: Request that the Leominster City Council change the following parcels of property on Pleasant Street; Assessor’s Map 494, Lots 3 and 18; Assessor’s Map 488, lots 1 and 6; Assessor’s Map 340, Lot 2; Assessor’s Map 561, Lots 35A, 36A and 37A to Residential B District, thus preserving the rights and privileges to 353 Pleasant Street, as originally and legally prescribed. The following PETITION was received, referred to the LEGAL AFFAIRS COMMITTEE, given REGULAR COURSE and referred to the Fire Department, the Building Inspector and the Conservation Commission. A hearing was set for September 13, 2004 at 7:20 P.M. 12-04 Michael T. Wedge/President, BJ’S wholesale Club, Inc.: Amend the license to store flammable liquids at 115 Erdman Way to reflect a total capacity of 10,974 gallons. 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 Department and the Conservation Commission. A hearing was set for September 27, 2004 at 7:20 P.M. 13-04 James L. Xarras and ten registered voters: Amend Article VII, Section 22-46 of the Leominster Zoning Ordinance by adding a sub-paragraph to section 22-46 paragraph 46.1 that would limit authorizing construction to a maximum of 60 units in a 24 month period in each development thereby prohibiting any one development from utilizing the entire 200 non-exempt dwelling units allowed to be permitted in a 24 month period. The following PETITION was received, referred to the PUBLIC SAFETY COMMITTEE, given REGULAR COURSE and referred to the Fire Department and the Police Department. 14-04 Kym Craven: Authorize the closing of Main Street from the corner of Wilder Road to Prospect Avenue on August 28,2004 between 1:30 P.M. and 5:30 P.M. for a wedding ceremony being conducted at 1441 Main Street. The following APPOINTMENTS were received, referred to the WAYS & MEANS COMMITTEE and given REGULAR COURSE. Election Officers – 2004 – 2005 – Loraine Poulin, Susan St. Pierre, Marie J. Sharrigan, Nicholas D’Onfro. Upon recommendation of the FINANCE COMMITTEE, the following COMMUNICATION was GRANTED and ORDERED. Vt. 9 “yeas”; Councillor Lanciani disclosed that although he is the Parking Clerk he does not receive any of these funds. C-5 Relative to the appropriation of $16,000.00 to the Parking Meter Expense Account; same to be transferred from the Parking Meter Fees Reserved for Appropriation Account. ORDERED:- that the sum of Sixteen Thousand Dollars ($16,000.00) be appropriated to the Parking Meter Expense Account; same to be transferred from the Parking Meter Fees Reserved for Appropriation Account. Upon recommendation of the FINANCE COMMITTEE, the following COMMUNICATIONS were GRANTED and ORDERED. Vt. 9 “yeas” C-6 Relative to the appropriation of $40,000.00 to the Gallagher Building Salary and Wages Account; same to be transferred from the Gallagher Building Revolving Fund. ORDERED:- that the sum of Forty Thousand Dollars ($40,000.00) be appropriated to the Gallagher Building Salary & Wages Account; same to be transferred from the Gallagher Building Revolving Fund. REGULAR MEETING OF THE CITY COUNCIL, August 9, 2004, continued C-7 Relative to the appropriation of $61,000.00 to the Gallagher Building Expense Account; same to be transferred from the Gallagher Building Revolving Fund. ORDERED:- that the sum of Sixty One Thousand Dollars ($61,000.00) be appropriated to the Gallagher Building Account; same to be transferred from the Gallagher Building Expense Account. C-8 Relative to the appropriation of $8,750.00 to the Refuse and Garbage Collection Expenses; same to be transferred from the Emergency Reserve Account. ORDERED:- that the sum of Eight Thousand Seven Hundred Fifty Dollar ($8,750.00) be appropriated to the Refuse and Garbage Collection Expenses; same to be transferred from the Emergency Reserve Account. Upon recommendation of the LEGAL AFFAIRS COMMITTEE, the following PETITION was GRANTED. Vt. 7 “yeas” and 2 “nays”; Councillors Freda and Rosa opposed. 1-05 Sandra L. Copeland: Amend Chapter 10, Section 8 of the Revised Ordinances to include toy guns, rifles, swords and all war related items. Upon recommendation of the LEGAL AFFAIRS COMMITTEE, the following PETITION was AMENDED, Vt. 8/1; Councillor Rosa opposed and GRANTED AS AMENDED. Vt. 8/1; Councillor Rosa opposed. 9-05 Claire M. Freda: Place a “stop” sign on Karen Street at the intersection of Patricia Drive. Upon recommendation of the PUBLIC SAFETY COMMITTEE, the following PETITION was GRANTED. 6-05 Carol D. Newell: Place a “Blind Driveway” sign in front of 39 White Street. Upon recommendation of the WAYS & MEANS COMMITTEE, the following APPOINTMENTS were CONFIRMED. Vt. 9/0 Firefighters – Jason J. LeBlanc and Andrew P. Dunner Upon request of the LEGAL AFFAIRS COMMITTEE, the following ORDINANCES were TABLED FOR STUDY. Vt. 9 “yeas” 2ND Reading Ordinance – amend Chapter 4 of the Revised Ordinances entitled “Buildings” by inserting Section 4-2.10 – Disposal of Building Materials requiring an owner of residential property or general contractor shall be required to demonstrate appropriate and ultimate disposal of building materials and supplies generated in a restoration or installation construction project in order to obtain final approval of such project by the City Director of Inspections or other designated inspector.( A hearing was scheduled for August 23, 2004 at 7:20 P.M.) 2nd Reading Ordinance – amend Chapter 13, Section 13-34 entitled “No Parking on Certain Streets” by inserting “Wilderwood Avenue (southern side), beginning at the intersection of Wilderwood Avenue and Main Street and continuing to the municipal boundary with the Town of Lunenburg.” (A hearing is scheduled for September 13, 2004 at 7:00 P.M.) Under New Business, Councilor Marchand said that he would be holding a meeting on August 31st in the City Hall Auditorium to set up a safe neighborhood watch group. He said they have had problems in the Honey Farms parking lot and the Merriam Avenue area with paint balls and broken windows. Councillor Rowlands said that shopping twenty-four hours a day, seven days a week is coming and it is more taxing on city services. Council President Lanciani read a letter from the Historical Society regarding the Civil War Exhibit that is on display. Councillor Richard Marchand, Chair of the LEGAL AFFAIRS COMMITTEE moved that the following PETITIONS be removed from the table and placed on the calendar for action. It was so voted. Vt. 8/1; Councillor Rosa opposed. Committees report as follows. 146-04 Patrick R. LaPointe, Director DPW: Amend Chapter 21, Section 21-22.3 entitled “Sewer User Rate Schedule” by increasing the metered water fee (includes low strength industrial) for residential and out of city users by $.20 beginning 1/1/05, $.10 on 7/1/05 and $.10 on 7/1/06.GRANTED AS AMENDED. Vt. 8 “yeas” and 1 “nay”; Councillor Rosa opposed. Amended to reflect the first increase beginning on 1/1/05 rather than 7/1/04. 147-04 Patrick R. LaPointe, Director, DPW: Amend Chapter 21, Section 21.11.4 (a) entitled “Sewer Connection Charges” by changing the first sentence to read “all individual domestic and condominium units will be charge one thousand dollars per connection”. GRANTED Vt. 8 “yeas” and 1 “nay”; Councillor Rosa opposed. REGULAR MEETING OF THE CITY COUNCIL, August 9, 2004, continued 148-04 Patrick R. LaPointe, Director DPW: Amend Chapter 21, Section 21-22.4 (b) entitled “Sewer Connection Charges” by increasing the rate and total charges as follows: Proposed Discharge/Day Rate Total Charges 1,000 gpd – 2,000 gpd $1.50 $1,500 - $3,000 2,001 gpd – 10,000 gpd $3,000. plus $1.00/gal $3,000 - $11,000 10,001 gpd – 50,000 gpd $11,000 plus $.50/gal. $11,000 - $20,000 50,001 gpd & over Flat Fee $25,000 GRANTED Vt. 8 “yeas” and 1 “nay”; Councillor Rosa opposed. MEETING ADJOURNED: 10:30 P.M. Ann B. Mahan, City Clerk and Clerk of the City Council