City Council

HEARING BEFORE THE CITY COUNCIL, October 12, 2004 Hearing opened at 7:02 P.M. with Councillor Marchand, Chair of the Legal Affairs Committee presiding. All members were present except for Councillor Rowlands; Councillor Freda arrived late. The following petition was the subject of the hearing. 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. Councillor Marchand stated that the hearing notice has been duly published and all abutters notified. Introduced and made part of the record was. A. Petition 19-05 submitted by Doug Wynne, Three-A Sac Self-Storage along with a land title survey prepared on April 28, 2003 prepared by Landata Site Services Inc., 2306 Guthrie Road, Suite 250, Garland, TX 75043. B. A letter from the Conservation Commission stated they have no objection to this Special Permit being issued. C. Letters of recommendation to deny were received from the Health Department, the Fire Department, the Planning Board and the Director of Inspections. D. Copies of the Public Hearing published in the Sentinel & Enterprise on September 27, 2004 and October 4, 2004 Don Beauvais, 7 Crestfield Lane spoke in support. Councillor Nickel said that he was at the Planning Board meeting where they recommended denial. He said he is not ready to support this special permit unless there is a permanent solution. Mr. Wynne said that his company went through financial issues such as Chapter 11 and that is why they couldn’t invest capital to go ahead with the project. He said now that we have gone through the process we are in a position to go forward. He said they have preliminary plans but they also want to get feed back from the community before going forward. Councillor Lanciani said that this is the first he has heard of bankruptcy or plans. He said that the burnt out piece of property has sat there for three years with nothing being done. He asked if they are part of the U-Haul Company on Central Street. Mr. Wynne said that they are. Councillor Robert Salvatelli said that the U-Haul on Central Street was very uncooperative with the city when they wanted an easement to go through their property and it cost us a lot of money. Councilor Lanciani asked how many employees were at that location and what the trailer is being used for? He said that there are four employees and they are customer service representatives working out of the trailer. Councillor Marchand said that if they have plans to submit they should submit them prior to the October 25, 2004 meeting. HEARING ADJOURNED at 7:40 P.M. and continued to the next meeting, November 8, 2004. Ann B. Mahan, City Clerk and Clerk of the City Council HEARING BEFORE THE CITY COUNCIL, October 12, 2004 Hearing opened at 7:41 P.M. with Councillor Rosa, Chair of the Finance Committee presiding. All members were present except for Councillor Rowlands. The following LOAN ORDER was the subject of the hearing. Loan Order – ordered that 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. HEARING BEFORE THE CITY COUNCIL, October 12, 2004, continued Councillor Rosa said that the Loan Order has been duly published in the Sentinel and Enterprise on October 1, 2004. Councillor Rosa said that there are three components to the Loan Order. The first is an expenditure of $1, 250,000.00 for sewer upgrades from Mechanic Street and Monument Squareto Exchange Street, changing the lines from 10 inch lines to 18 inch lines. He said we will also have repairs made at the Wastewater Treatment Facility for $1,500,000.00 as well as back-up generators at that facility at a price of $250,000.00. Councillor Rosa said that the $1,250,000.00 is only for half of the project. He said that according to Senator Antonioni the remainder of the project, which will entail continuation from Exchange Street up to Cumberland Road, will be funded by the state. Councillor Robert Salvatelli said that he is supporting this Loan Order. Councillor John Salvatelli said that he wanted to make it clear that this Loan Order is being paid by water and sewer receipts. Olga Valera, 132 West Street asked if this Loan Order will take care of Chicken Harbor also. Councillor Robert Salvatelli said that the issue of restoring Chicken Harbor is not included in this. Mrs. Valera said that she is opposed to it then. Councillor Rosa said that this will resolve most of the sewer and overflow problems on the west side of town. Councilor Robert Salvatelli said that after this work is complete the sewer moratorium would be lifted. Councillor Freda said that although she will support this she has a hard time explaining to people that minor drainage problems cannot be fixed. She said she would be submitting a petition to start an account to fund the smaller problems. HEARING ADJOURNED: 7:53 P.M. Ann B. Mahan, City Clerk and Clerk of the City Council HEARING BEFORE THE CITY COUNCIL, October 12, 2004 Hearing opened at 7:54 P.M. with Councillor Rosa, Chair of the Finance Committee presiding. All members were present except for Councillor Rowlands. The following LOAN ORDER was the subject of the hearing. Loan Order – ordered that the sum of $185,000 be hereby appropriated 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. Councillor Rosa said that Councillor Robert Salvetelli has worked very hard on this Loan Order and asked him to give the explanation. Councillor Robert Salvatelli said that there were ten houses scheduled to be built on this land and this would prevent that. He said that we are taking out this loan in anticipation of a grant. Councillor Salvatelli said that if we receive the grant the cost to the city will be $54,000.00. Councillor Rosa said that if we don’t receive the grant we would not be purchasing this land. Peter Bovenzi spoke in favor. He said that this is a valuable piece of land that abuts Barrettt Park and will protect endangered species. He said that is what the state seems to be funding this year. Judith Sumner, Recreation Director said that this land would allow for back access to Barrett Park. HEARING ADJOURNED: 8:03 P.M. Ann B. Mahan, City Clerk and Clerk of the City Council REGULAR MEETING OF THE CITY COUNCIL, October 12, 2004 Meeting called to order at 8:05 P.M. Attendance was taken by a roll call vote; all members present except Councillor Rowlands. The Committee on Records reported that the records were examined through September 13, 2004 and found to be in order. The records were accepted. A recess was called at 8:05 P.M. to continue the public hearings and hold a public forum. Meeting reconvened at 8:14 P.M. The following COMMUNICATIONS were received, referred to the FINANCE COMMITTEE and given REGULAR COURSE. C-24 Relative to the appropriation of $ 1,000.00 to the Street Signs and Fences Expense Account; same to be transferred from Emergency Reserve Account. C-25 Relative to the appropriation of $2,662.52 to the Highway Labor Account; same to be transferred from the Emergency Reserve Account. C-26 Relative to the appropriation of $276,000.00 to the Sholan Farms Land Purchase Account; same to be raised by Fiscal Year 2005 Revenue. C-27 Relative to the appropriation of $258,000.00 to the Interest on Loans Expense Account; same to be transferred from the Excess and Deficiency Account. The following COMMUNICATION was received, referred to the LEGAL AFFAIRS COMMITTEE, given REGULAR COURSE and referred to the Traffic Department. C-28 Dean J. Mazzarella, Mayor: Amend Chapter 13 entitled “Motor Vehicles and Traffic”, Article IV “Operation of Vehicles”, Section 13-77 by adding “Stop Signs” at Buono Avenue and North Main Street, Dettling Avenue and North Main Street and Westland Avenue and North Main Street. The following COMMUNICATIONS were received, referred to the WAYS & MEANS COMMITTEE and given REGULAR COURSE. C-29 Dean J. Mazzarella, Mayor: Request that the current classification of S-3 Principal Clerk for the Recreation Department be eliminated and replaced with an S-5 Administrative Assistant. C-30 Dean J. Mazzarella, Mayor: Request that Ricardo Saudelli, employee of the Health Department be designated a Special Municipal Employee which would provide him the ability to assist the Recreation Department with various programs as needed. The following PETITION was received, referred to the PUBLIC SERVICE COMMITTEE, given REGULAR COURSE and referred to the Planning Board and the Department of Public Works. 31-05 Robert Salvatelli: Accept Tisdale Avenue as a public way. The following PETITION was received, referred to the PUBLIC SAFETY COMMITTEE, given REGULAR COURSE and referred to the Police Department. 32-05 Richard M. Marchand , Facilitator, of the 12th Annual Johnny Appleseed Arts & Cultural Festival on behalf of the Leominster Downtown Association: Close off West Street from School Street to Main Street, Park Street from Main Street to West Street and Church Street in the vicinity of the West Street intersection on Saturday, September 24, 2005 from 6 A.M. to 6 P.M. with a rain date of Saturday October 1, 2005. The following PETITION was received, referred to the PUBLIC SAFETY COMMITTEE and given REGULAR COURSE. 33-05 Richard M. Marchand, Facilitator of the 12th Annual Johnny Appleseed Arts & Cultural Festival on behalf of the Leominster Downtown Association: Request the use of the City Hall parking lot for a “Parking Lot Party for Adolescence” and the city parking lot between the First Baptist Church and the First Church Unitarian, on September 24, 2005 from 6 A.M. to 6 P.M. with a rain date of Saturday October 1, 2005. The following APPOINTMENT was received, referred to the WAYS & MEANS COMMITTEE and given REGULAR COURSE. Patrick Perla – Board of Health – 3 year term Upon request of the FINANCE COMMITTEE, the following COMMUNICATON was given Further Time. Vt. 8/0 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. REGULAR MEETING OF THE CITY COUNCIL, October 12, 2004, continued Upon recommendation of the LEGAL AFFAIRS COMMITTEE, the following PETITION was GRANTED with the following conditions. Vt. 8/0 1. Automatic fire alarm and fire sprinkler equipment shall remain in service at all times, with an alarm connection directly to the Fire Alarm Office in a manner satisfactory to the Chief of the department. 2. Sufficient absorbent and diking materials shall be kept on hand, and accessible to deal with any spill of flammable or combustible materials. The Leominster Fie Department shall be notified of any spill of hazardous materials 3. Secondary access to Erdman Way shall remain unblocked and operable during all weather conditions. 4. Only those personnel directly trained by the propane gas supplier shall be assigned to the refilling of containers, or work on or about that equipment. 5. The secondary access to Erdman Way shall be paved. 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. Upon recommendation of the LEGAL AFFAIRS COMMITTEE, the following PETITIONS were GRANTED. Vt. 8/0 25-05 Patrick LaPointe: Install a stop sign on Prospect Terrace at the corner of Prospect Street including the installation of a raised crosswalk and push button activated flashing beacon on Prospect Street which will meet all the American with Disabilities Act Requirements. 26-05 John M. Dombrowski: Increase the Zoning Board of Appeals application fee from $150.00 to $200.00 to ensure that the City’s cost for advertising and processing a case are covered by each individual’s application fee. 27-05 Edward M. Cataldo: Amend Chapter 4, Section 4-2.10 of the Revised Ordinances entitled Disposal of Building Materials by deleting the words “Final Approval of” and replacing with “ a building permit for” which would allow for better enforcement of the ordinance. Upon recommendation of the LEGAL AFFAIRS COMMITTEE, the following PETITION was TABLED. Vt. 7/1; Councillor Lanciani opposed. 28-05 Edward M. Cataldo: Amend Article I, Section 22-12/12.5 of the Revised Ordinances entitled Non-Conforming Uses Structures and Lots by adding “or for use authorized by Special Permit” to the end of section 12.5 and creating a new subsection 22-12.5.1 which will allow by Special Permit existing buildings in an Industrial or Commercial District be used for other uses listed in Article II Section 22-26, as being permitted as of right or by special permit. Upon recommendation of the LEGAL AFFAIRS COMMITTEE, the following PETITION was TABLED. Vt. 7/0; Councillor Marchand abstained due to a possible Conflict of Interest 29-05 Liberty Rental Corp. on behalf of Francis Bartolomeo: Grant a Special Permit to construct the Brooks Pond Condominium Project located at 900 Central Street, as shown on Assessors Map 317 as lots 5A1, 5A2, 5B1, 5B2 and 5D located within the flood plain. Upon recommendation of the PUBLIC SAFETY COMMITTEE, the following COMMUNICATION was GRANTED. Vt. 8/0 C-22 Dean J. Mazzarella, Mayor: Accept a donation of equipment from International Rectifier Corporation for a Haulmark 2004 – 14 foot trailer with lettering valued at approximately $5,000.00. Upon request of the WAYS & MEANS COMMITTEE, the following COMMUNICATION was given FURTHER TIME. Vt. 7/1; Councillor Lanciani opposed C-23 Dean J. Mazzarella, Mayor: Review and amend the classification of the Director of Inspections from an S-9 to an S-10. Upon request of the WAYS & MEANS COMMITTEE, the following PETITIONS were TABLED. Vt. 8/0 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. 30-05 David Rowlands: Require that no person be appointed to the Planning Board, Conservation Commission or the Zoning Board of Appeals unless that person is a resident of the City and if after being appointed, that person no longer resides in the city, that seat shall automatically be deemed vacant. Upon recommendation of the WAYS & MEANS COMMITTEE, the following APPOINTMENTS were CONFIRMED. Vt. 8/0 Election Officers – 2004 – 2005 – Barbara Fini, Bessie Lindsay, Kathleen Bryant, Rita Collecchi, Rosalie A. Chillemi REGULAR MEETING OF THE CITY COUNCIL, October 12, 2004, continued Upon recommendation of the WAYS & MEANS COMMITTEE, the following ORDER was ADOPTED. 8 “yeas” CITY OF LEOMINSTER ELECTION ORDER STATE ELECTION November 2, 2004 Ordered:- that the City Clerk be and she hereby is authorized and directed to notify and warn the voters of the City of Leominster to assemble in their respective polling places in the several wards and precincts of the City, designated by the City Council as follows: WARD 1A SKY VIEW MIDDLE SCHOOL 500 KENNEDY WAY WARD 1B SKY VIEW MIDDLE SCHOOL 500 KENNEDY WAY WARD 1C SKY VIEW MIDDLE SCHOOL 500 KENNEDY WAY WARD 2A SOUTHEAST ELEMENTARY SCHOOL 95 VISCOLOID AVENUE WARD 2B SOUTHEAST ELEMENTARY SCHOOL 95 VISCOLOID AVENUE WARD 2C SOUTHEAST ELEMENTARY SCHOOL 95 VISCOLOID AVENUE WARD 3A FRATERNAL ORDER OF EAGLES HALL 456 LITCHFIELD STREET WARD 3B FRATERNAL ORDER OF EAGLES HALL 456 LITCHFIELD STREET WARD 3C FRATERNAL ORDER OF EAGLES HALL 456 LITCHFIELD STREET WARD 4A SENIOR CETIZEN DROP-IN CENTER 5 POND STREET WARD 4B LEOMINSTER VETERANS’ QUARTERS 100 WEST STREET WARD 4C LEOMINSTER VETERANS’ QUARTERS 100 WEST STREET WARD 5A AUDITORIUM, CITY HALL 25 WEST STREET WARD 5B AUDITORIUM, CITY HALL 25 WEST STREET WARD 5C FIRST BAPTIST CHURCH OF LEOMINSTER 23 WEST STREET On Tuesday, November 2, 2004 then and there for the purpose of giving in their votes for the election of candidates for the following offices; Electors of President and Vice-President, Representative in Congress – 1st District; Councillor – 7th District; Senator in General Court – Worcester & Middlesex District; Representative in General Court – Fourth Worcester District; Sheriff – Worcester County; And it is further ORDERED: - that the polls shall be opened at 7:00 A.M. and closed at 8:00 P.M. and the notice shall be given by publication of this order in a conspicuous place in the office of the City Clerk. Per Order City Council TRUE COPY ATTEST: Ann B. Mahan, City Clerk REGULAR MEETING OF THE CITY COUNCIL, October 12, 2004, continued The following ORDINANCE was read once and adopted as amended (amended to replace “all war related items” with “all weapons”. Vt. 6 “yeas” and 2 “nays”; Councillors Freda and Rosa opposed. A hearing was set for October 25, 2004 at 7:00 P.M. Vt. 7/1; Councillor Freda opposed. 1st Reading Ordinance – amend Chapter 10 of the Revised Ordinances entitled “Hawkers and Peddlers” by deleting the words “or other aerosol can amusement products in Section 10-8 subsection (b) and inserting in their place “other aerosol can amusement products, toy guns, rifles, swords and all weapons”. The following ORDINANCE was read once and adopted as presented. Vt. 8 “yeas”. A hearing was set for October 25, 2004 at 7:05 P.M. Vt. 8/0 1st Reading Ordinance – amend Chapter 13, Section 13-77 of the Revised Ordinances entitled “Stop Signs” by inserting “Karen Street, at the intersection of Patricia Drive.” The following ORDINANCE was read once and adopted as presented. Vt. 8 “yeas”. A hearing was set for October 25, 2004 at 7:10 P.M. Vt. 8/0 1st Reading Ordinance – amend Chapter 13, Section 13-88 of the Revised Ordinances entitled “Left Turn Prohibition” by inserting “Granite Street, eastbound to West Street westbound via cutoff”. The following ORDINANCE was read once and adopted as presented. Vt. 8 “yeas”. A hearing was set for October 25, 2004 at 7:30 P.M. Vt. 8/0 1st Reading Ordinance – Amend Chapter 21, Section 21-22.4 (b) entitled “Water and Sewer” by deleting the table contained in Section 21-22.4(b) in its entirety and inserting in its place the following as follows: Proposed Discharge/Day Rate Total Charges 1,000 gpd – 2,000 gpd $1.50 $1,500 - $3,000 2,000 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 The following ORDINANCE was read once and adopted as presented. Vt. 8 “yeas”. A hearing was set for October 25, 2004 at 7:35 P.M. Vt. 8/0 1st Reading Ordinance – Amend Chapter 21, Section 21- 22.3 of the Revised Ordinances entitled “Water and Sewer” by revising the sewer user rate schedule as follows: On January 1, 2005, the rate for “Residential (includes low strength industrial)” shall increase from $1.30 to $1.50; on July 1, 2005, said rate shall increase to $1.60; and on July 1, 2006, said rate shall increase to $1.70.; said sewer rate schedule shall be further amended as follows: on January 1, 2005, the rate for “Out of City” shall increase from $1.90 to $2.10; on July 1, 2005, said rate shall increase to $2.20; and July 1, 2006, said rate shall increase $2.30. The following ORDINANCE was read once and adopted as presented. Vt. 7 “yeas” and 1 “nay”; Councillor Rosa opposed. A hearing was set for October 25, 2004 at 7:40 P.M. Vt. 8/0 1st Reading Ordinance – Amend Chapter 21 of the Revised Ordinances entitled “Water and Sewer” by deleting the first sentence of Section 21-22.4(a) in its entirety and inserting in its place “All individual domestic and condominium units will be charged one thousand dollars per connection.” The following LOAN ORDERS were read a second time, adopted as presented and passed to be ordained. Vt. 8 Yeas” CITY OF LEOMINSTER LOAN ORDER 1st Reading Loan Order: September 27, 2004 2nd Reading Loan Order: October 12, 2004 BE IT ORDERED: ordered that 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. APPROVED:-MAYOR 1st Reading: Dean J. Mazzarella /s/ Date: September 29, 2004 2nd Reading: Dean J. Mazzarella /s/ Date: October 13, 2004 REGULAR MEETING OF THE CITY COUNCIL, October 12, 2004, continued CITY OF LEOMINSTER LOAN ORDER 1st Reading: September 27, 2004 2nd Reading: October 12, 2004 BE IT ORDERED: – that 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. APPROVED:- Mayor 1st Reading: /s/ Dean J. Mazzarella Date: September 29, 2004 2nd Reading: /s/ Dean J. Mazzarella Date: October 16, 2004 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. 13-05 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. LEAVE TO WITHDRAW WITHOUT PREJUDICE 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 with a Special Permit by the Zoning Board of Appeals and allowed in Business B and Commercial District. GRANTED Vt 7 “yeas” and 1 “nay”; Councillor Lanciani opposed. 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. TABLED Vt. 8 “yeas” Councillor Freda said that she wanted to let the public know that the bad water issues in Wards 2 and 3 was from a leak that allowed air to get into the lines and has been corrected. Councillor Lanciani asked that a letter be sent to Matt Marro asking for a report on Chicken Harbor. Councillor Dombrowski said that he spoke to Matt Marro last week and he is drawing up that letter. He said that Matt Marro is also drawing up a letter to Congressman John Olver. Councillor Lanciani said that all the Councillors should go see the improvements that have been made to the Emergency Management Building. Councillor Nickel said that he would like to commend Butch LaPointe from the Department of Public Works on his quick response this weekend to water problems in his ward. MEETING ADJOURNED: 10:00 P.M. Ann B. Mahan, City Clerk and Clerk of the City Council