City Council

HEARING BEFORE THE CITY COUNCIL, September 13, 2004 Hearing opened at 6:58 P.M. with Councillor Marchand, Chair of the Legal Affairs Committee presiding. All members were present except for Councillor Nickel. The following ORDINANCE was the subject of the hearing. Relative to amending Chapter 13, Section 13-34 of the Revised Ordinances entitled “No Parking on Certain Streets” by inserting Central Street (west side), from 739 Central Street to 1123 Central Street. Councillor Lanciani spoke in support. He said that no parking will prevent trucks from obstructing the view of cars trying to go onto Route 12. Councillor Dombrowski said he was also in favor of this ordinance. No one spoke in opposition. No one in the audience spoke. HEARING ADJOURNED: 6:59 P.M. Ann B. Mahan, City Clerk and Clerk of the City Council HEARING BEFORE THE CITY COUNCIL, September 13, 2004 Hearing opened at 7:00 P.M. with Councillor Marchand, Chair of the Legal Affairs Committee presiding. All members were present except for Councillor Nickel. The following ORDINANCE was the subject of the hearing. Relative to amending 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.” Councillor Rowlands said that the basis of this ordinance is to divide the street down the middle and you have your side and we will have our side. He said this will not resolve the issues in the neighborhood but he thinks this will at least solve the parking problems. No one spoke in opposition. No one in the audience spoke. HEARING ADJOURNED: 7:04 P.M. Ann B. Mahan, City Clerk and Clerk of the City Council HEARING BEFORE THE CITY COUNCIL, September 13, 2004 Hearing opened at 7:24 P.M. with Councillor Marchand, Chair of the Legal Affairs Committee presiding. All members were present except for Councillor Nickel. The following PETITION was the subject of the hearing. 12-05 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. Fire Chief Alfred LeBlanc spoke in support. He said he supports favorable action and in his letter he outlines four specific steps that the petition needs to follow. He said they have had four enforcement issues with that property and three have already been resolved with the remaining issue being solved shortly. Chief LeBlanc said he would like the ability to take corrective action down the road if necessary. He said they need better access to the rear of the building and would like this to go along with the license. No one was present to represent the petitioner. Councillor Lanciani said he will support this petition if the four conditions recommended by the Fire Chief are put on the license as well as wording that this license will immediately revoked if they are in violation of any of the conditions. HEARING BEFORE THE CITY COUNCIL, September 13, 2004 Councillor Rowlands asked why we are going to give them a license if they are not in compliance? Councillor Freda asked if this is an increase in their capacity. Chief LeBlanc said that it is an increase in capacity and it is actually a reflection of what is on site. Councillor Marchand asked Chief LeBlanc what the outstanding issue is. Chief LeBlanc said that the outstanding issue just came about today. He said that they are under construction and that the dumpster is too close to the propane storage area and also there is a construction trailer in the twenty-five foot clear zone that is suppose to be maintained. He said they have twenty-four hours to comply with the violations which means it shall be taken care of by tomorrow afternoon. Councillor Marchand asked why the violation occur change. Chief LeBlanc said that he does not believe it its an issue of malice and that it is just an issue of not knowing although that is not an excuse. He said that BJ’s is aware of the violations and they are correcting the problems. Councillor Freda asked if there is an issue with part of the property being in Leominster and part in Fitchburg? Chief LeBlanc said that he has conferred with Fitchburg and they are on the same page. Councillor Robert Salvatelli asked if they deal with local management or the corporate office. He said that they do have a vehicle to contact the corporate office and when the Council spells out a specific condition it gives him the leverage for immediate enforcement. Councillor Rowlands said that he is disappointed that a representative from B.J.’s is not in attendance and asked Chief LeBlanc if one of the past issues with them was a lack of training. He said that when large companies come into the city we always ask the question “What drain do they have on the city?” He said this is living proof. HEARING ADJOURNED at 7:40 P.M. and continued to the next meeting, September 27, 2004. Ann B. Mahan, City Clerk and Clerk of the City Council HEARING BEFORE THE CITY COUNCIL, September 13, 2004 Hearing opened at 7:40 P.M. with Councillor Marchand, Chair of the Legal Affairs Committee presiding. All members were present except for Councillor Nickel. The following ORDINANCE was the subject of the hearing. Relative to amending 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 22-27.8 “General Requirements” with respect to the Water Supply Protection District. Councillor Marchand said that the Planning Board is not meeting regarding this ordinance until September 21, 2004 and before Legal Affairs makes a recommendation they will wait for comment from them. No one spoke in support. No one spoke in opposition. No Councillors spoke. HEARING ADJOURNED at 7:42 P.M. and continued until the next meeting, September 27, 2004. Ann B. Mahan, City Clerk and Clerk of the City Council REGULAR MEETING OF THE CITY COUNCIL, September 13, 2004 Meeting called to order at 8:00 P.M. Attendance was taken by a roll call vote; all members present except for Councillor Nickel. The Committee on Records reported that the records were examined through August 23, 2004 and found to be in order. REGULAR MEETING OF THE CITY COUNCIL, September 13, 2004 continued The following COMMUNICATIONS were received, referred to the FINANCE COMMITTEE and given REGULAR COURSE. C-14 Relative to the appropriation of $53,600.00 to the I.T.T.F. Expense Account; same to be raised by Fiscal Year 2005 Revenue. C-15 Relative to the appropriation of $34,750.00 to the Street Resurfacing Expense Account; same to be transferred from the Highway State Aid Reserved for Appropriation Account. C-16 Relative to the appropriation of $12,000.00 to the Wire Department Overtime Account; same to be transferred from the Emergency Reserve Account. C-17 Relative to the appropriation of $18,000.00 to the Emergency Reserve Account; same to be raised by the Fiscal Year 2005 Revenue. C-18 Relative to the appropriation of $55,000.00 to the Legal Services Expense Account; same to be raised by the Fiscal Year 2005 Revenue. C-19 Dean J. Mazzarella, Mayor: Request the sum of $3,000,000.00 hereby be appropriated for the cost of constructing sewer collection system upgrades and for remodeling, reconstructing and making extra ordinary repairs to the City’s wastewater treatment plant, including the payment of all other costs incidental and related thereto, and that to raise this appropriation, the Treasurer, with the approval of the Mayor, is authorized to borrow said amount under and pursuant to Chapter 44, Section 7 (1) of the General Laws, or pursuant to any other enabling authority, and to issue bonds or notes of the City therefore. C-20 Dean J. Mazzarella, Mayor: Appropriate and authorize the Treasurer with the approval of the Mayor to borrow the sum of $185,000 for the purpose of purchasing for conservation and passive recreation purposes, by eminent domain or negotiated purchase or otherwise, a certain property together with buildings thereon, known as the Whittemore property consisting of 10 acres, more or less, as shown on a plan entitled “Plan of land in Leominster made by Leominster Assessors dated current 2004”; that said land be conveyed to said City of Leominster under the provisions of Massachusetts General Laws, Chapter 40, Section 8c, and as it may hereafter be amended and other Massachusetts statues relating to Conservation, to be managed and controlled by the Conservation Commission of Leominster, and the Conservation Commission be authorized to file on behalf of Leominster any and all applications deemed necessary for grants and/or reimbursements from the Commonwealth of Massachusetts deemed necessary under the Self-Help Act (Chapter 132A, Section 11) and/or any others in any way connected with the scope of this Article, and the City of Leominster and the Conservation Commission be authorized to enter into all agreements and execute any and all instruments as may be necessary on behalf of Leominster to affect said purchase. The following COMMUNICATION was received under SUSPENSION OF THE RULES Vt. 8/0; referred to the FINANCE COMMITTEE and given REGULAR COURSE. C-21 Dean J. Mazzarella, Mayor: Amend Chapter 13 Division 2 Section 13-34 of the Revised Ordinances entitled Prohibited Parking to eliminate parking along the east and west sides of Main Street from the intersection of Haws and Main Streets to the intersection of Main and Pierce Streets. The following PETITION was received, referred to the PUBLIC SERVICE COMMITTEE and given REGULAR COURSE. A hearing was set for September 27, 2004 at 7:15 P.M. Vt. 7/1; Councillor Rosa opposed. 17-05 Massachusetts Electric Company and Verizon New England Inc.: Peterson Street; Relocate one jointly owned pole on Peterson Street beginning at a point approximately 1902 feet southwest of the centerline of the intersection of Wachusett Street and continuing 22 feet in a northeasterly direction. The following PETITION was received, referred to the LEGAL AFFAIRS COMMITTEE, given REGULAR COURSE and referred to the Planning Board, the Health Department, the Building Inspector, the Conservation Commission and the Department of Public Works. 18-05 Nancy Miller: Grant a Special Permit to construct a single family dwelling at 640 Willard Street, as shown on Assessors Map 503, lot 1, located in an Industrial Zone. The following PETITION was received, referred to the LEGAL AFFAIRS COMMITTEE, given REGULAR COURSE and referred to the Planning Board, the Health Department, the Building Inspector, the Conservation Commission, the Fire Department and the Department of Public Works. A hearing was set for October 12, 2004 at 7:00 P.M. Vt. 8/0 19-05 Doug Wynne, Three-A Sac Self-Storage: Grant a Special Permit to allow Amerco Real Estate Company an extension of a temporary permit to use the existing trailer as an office for the U-Haul Business located at 438 Harvard Street. REGULAR MEETING OF THE CITY COUNCIL, September 13, 2004 continued The following PETITION was received, referred to the LEGAL AFFAIRS COMMITTEE, given REGULAR COURSE and referred to the Mayor and the Treasurer. 20-05 Patrick LaPointe for the Doyle Field Commission: Authorize the Doyle Field Commission to accept and manage fundraising donations from the Doyle Field Foundation to be deposited into the existing Doyle Field Donation Account for use in Phase I of the Doyle Field Renovation Projects and authorize the Doyle Field Commission to file on behalf of the City of Leominster any and all applications deemed necessary for grants and/or reimbursements from the Commonwealth of Massachusetts deemed necessary under the Self-Help Act/Urban Self Help Section (Chapter 132A, Section 11) and/or any others in any way connected with the scope of this Article and to enter into all agreements and execute any and all instruments as may be necessary on behalf of Leominster to affect said proposal. The following PETITION was received under suspension of the rules Vt. 8/0; referred to the LEGAL AFFAIRS COMMITTEE and GRANTED. Vt. 8/0 21-05 Neddy Latimer, Director, Spanish American Center Inc.: Close off a portion of First Street from the corner of Spruce Street on September 18, 2004 from 9:00 A.M. to 2:30 P.M. for a Community Health Fair. The following PETITION was received, referred to the CITY PROPERTY COMMITTEE and given REGULAR COURSE. 22-05 John Kenney, New England Farm Workers Council: Request permission to use the City Council chamber to take fuel assistance applications on October 18th, 21st 25th and 29th , November 5th, 8th, 19th, 22nd, 29th, December 6th, 13th, 27th, 2004 January 3rd, 20th, 27th, February 3rd, 7th, 14th, March 3rd, 7th, 17th, 24th, 31st, April 14th and 21st 2005. The following PETITION was received, referred to the WAYS & MEANS COMMITTEE, given REGULAR COURSE and referred to the Mayor and the Personnel Director. A sampling of Mayor salaries from other communities within a 50 to 80 mile radius was requested. 23-05 William C. (Bud) Taylor II: Authorize an increase in the salary of the Chief Executive Officer of the City of Leominster to be commensurate with the duties, responsibilities, authorities and obligations incumbent upon the office; a suggested total annual compensation range of one hundred thousand to one hundred and twenty-five thousand dollars for the position, based upon research of similar levels of corporate and public oversight. The following PETITION was received, referred to the WAYS & MEANS COMMITTEE, given REGULAR COURSE and referred to the Mayor, the Police Chief and the City Solicitor. 24-05 Detective Lieutenant Michele D. Pellecchia on behalf of Local 282, Massachusetts Coalition of Police and Citizens of the City of Leominster: In accordance with Section 9-12 of the City Charter adopt a resolution directing the Mayor’s attention to his failure to appoint a 6th lieutenant as required by City Ordinance, Sections 2-11 and 18-1 and the City Charter, Section 2.2. The following APPOINTMENTS were received, referred to the WAYS & MEANS COMMITTEE and given REGULAR COURSE. Emergency Management Administration Unit– Patricia Coggins Emergency Management Rehab Unit – Robert E. LeBlanc Board of Registras – Nancy D. Piermarini – sixty days to fill the unexpired term of Sheila K. Rockwell Upon request of the LEGAL AFFAIRS COMMITTEE, the following PETITION was TABLED. Vt. 8/0 15-05 Norma Soares and Ten Registered Voters: Amend the Leominster Zoning Ordinance by adding “Martial Arts School Studio” to the Table of Uses in a Business A District. Upon recommendation of the LEGAL AFFAIRS COMMITTEE, the following PETITION was GRANTED. Vt. 8/0 16-05 Robert Salvatelli and Michael Scherer: Place a “No Left Turn” sign on Granite Street, approximately 60 feet from the corner to prevent a left turn up the steep uphill cutoff, with direction arrows painted on the existing roadway. Upon recommendation of the PUBLIC SAFETY COMMITTEE, the following COMMUNICATION was GRANTED. Vt. 8/0 C-13 Dean J. Mazzarella, Mayor: Request closing Church Street on Saturday, October 9, 2004 from 10:00 A.M. to 1:00 P.M. for the annual Fire Prevention Week Open House. Upon recommendation of the WAYS & MEANS COMMITTEE, the following APPOINTMENTS were CONFIRMED. Vt. 8/0 Reserve Firefighters – Ryan C. Muth, Jeffrey D. Nickel and Brenda M. Greenawalt The following ORDINANCE was read a second time, ADOPTED as presented and passed to be ordained. Vt. 8 “yeas” REGULAR MEETING OF THE CITY COUNCIL, September 13, 2004 continued The City of Leominster In the Year Two Thousand and Four An Ordinance Amending Chapter 13 of the Revised Ordinances entitled “Motor Vehicles and Traffic” Be it ordained by the City Council of the City of Leominster as follows: Section 13-34 of the Revised Ordinances entitled “No Parking on Certain Streets” is hereby amended by inserting Central Street (west side) from 739 Central Street to 1123 Central Street. The following ORDINANCES were read a second time and given FURTHER TIME. Vt. 8 “yeas” 2nd Reading Ordinance – amend Chapter 12 of the Revised Ordinances entitled “Licenses” by inserting a new section 12-3A entitled “Permits for Work in Watershed Protection District” requiring city employees or agents to submit to the City Council photocopies of any and all licenses or permits issued regarding the repair or construction of dwellings, dwelling units, or other building located within the “Watershed Protection District”, said copies shall be filed with the City Clerk within forty-eight hours of issuance of the permit. License or permit issuing agents shall include, but not be limited to, the Building Inspector the Environmental Inspector, the Gas and Plumbing Inspector, the Electrical Inspector and the Health Inspector.(A hearing is set for September 27, 2004 at 6:55 P.M.) 2nd Reading Ordinance - : 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 22-27.8 “General Requirements” with respect to the Water Supply Protection District. Upon request of the LEGAL AFFAIRS COMMITTEE, the following ORDINANCE was TABLED. Vt. 6 ”yeas” and 2 nays”; Councillors Lanciani and Rowlands opposed. 1st Reading Ordinance – amend Chapter 22 of the Revised Ordinances entitled “Zoning” by deleting the second sentence of Section 24.2.5.1 in its entirety and replacing it with “Site Plan Approval and a Special Permit from the City Council shall be required for any Mixed Use Development Project proposed for a site containing twenty (20) acres or more and in which more than one-third of the total land area in the development will be devoted to retail stores.” Councillor 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. 8/0. Committees report as follows 11-05 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. LEAVE TO WITHDRAW WITHOUT PREJUDICE Vt. 8/0 12-05 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. TABLED Vt. 7/1; Councillor Rowlands opposed Councillor Marchand, Chair of the LEGAL AFFAIRS COMMITTEE moved that the following ORDINANCE be removed from the table and placed on the calendar for action. It was so voted Vt. 8/0. Committees report as follows The City of Leominster In the year Two Thousand and Four An Ordinance Amending Chapter 13 of the Revised Ordinances entitled “Motor Vehicles and Traffic” Be it ordained by the City Council of the City of Leominster as follows: Section 13-34 of the Revised Ordinances entitled “No Parking on Certain Streets” is hereby amended 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. ADOPTED Vt. 7 “yeas” and 1 “nay”; Councillor Freda opposed. MEETING ADJOURNED: 9:02 P.M. Ann B. Mahan, City Clerk and Clerk of the City Council