City Council

HEARING BEFORE THE CITY COUNCIL, NOVEMBER 8, 2004 Hearing opened at 6:54 P.M. with Councillor Marchand, Chair of the Legal Affairs Committee presiding. All members were present except Councillor Freda 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” to delete “no parking” at certain sections of Main Street and insert in its place, Main Street (East Side), from a point beginning at the intersection of Haws and Main Streets and extending northerly along main Street to the point of the intersection of Main and Pierce Street; Main Street (West Side), from a point beginning at the intersection of Pierce and Main Streets and extending southerly along Main Street to the point of the intersection of Main and Haws Streets. No one spoke in favor. No one spoke in opposition. No Councillors spoke. HEARING ADJOURNED: 6:56 P.M. Ann B. Mahan, City Clerk and Clerk of the City Council HEARING BEFORE THE CITY COUNCIL, NOVEMBER 8, 2004 Hearing opened at 7:02 P.M. with Councillor Nickel, Clerk of the Legal Affairs Committee presiding. Councilor Nickel and said the hearing notice had been duly published and all abutters notified. All members were present. Councillor Marchand excused himself from the hearing and disclosed that he was doing so because of his relationship with Peter Bovenzi of Liberty Rental Corporation. The following PETITION was the subject of the hearing. 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. Introduced and part of the record were the following: 1. Petition 29-05 submitted by Liberty Rental Corporation, 14 Monument Square along with a plan entitled Brooks Pond, Leominster Ma prepared by Fred A. Hamwey Jr, Registered Engineer, 14 Manning Avenue, Leominster, MA dated June 11, 2004. 2. Letters of recommendation from the Conservation Commission, the Department of Public Works; the Building Inspector and the Planning Board recommending approval. 3. The Board of Health recommended noise issues such as heating, venting and air conditioners be addressed by the developer and outdoor lights be considered with respect to the existing homes. 4. Copies of the public hearing notice which was published in the Sentinel and Enterprise on October 25, 2004 and November 1, 2004. Eric Sullender, Liberty Rental Corporation spoke in favor and presented the site plan. Councillor John Salvatelli asked how many units there are planned. Mr. Sullender said there would be 343 units. He said this is a fifty-five year and older development that has already received the approval of the Planning Board and the Conservation Commission has issued an Order of Conditions. Mr. Sullender said they need a special permit from the City Council because a small portion of the road leading in to the project is located in the flood plain. Councillor John Salvatelli asked if this was the only access. Mr. Sullender said that is was except for a gated emergency access on Debbie Drive. He said that this development will allow the residents on Debbie Drive to tie into the sewer system. Councillor Dombrowski ask if the restriction of this being a fifty-five and older will be by way of a deed restriction? He asked if that would apply to ownership only or to occupancy also. Mr. Sullender said he believes the restriction is with the property but you could not restrict someone who is over fifty-five and married to someone who is under fifty-five from living there. HEARING BEFORE THE CITY COUNCIL, NOVEMBER 8, 2004, continued Councillor Dombrowski said that he realizes that but is questioning if for example, a person over fifty-five holds the title but lives and Florida and lets someone under fifty-five live there, would that be allowed? Mr. Sullender said he was not sure but would look into that. Councillor Robert Salvatelli said he would like some clarification of the over fifty-five issue as well as people under fifty-five with disabilities. He asked Mr. Sullender why it is still under the name of Francis Bartolomeo? Mr. Sullender said that he still owns land. Councillor Freda said she is a proponent of this project that is totally supported by the neighbors. Councillor Freda said she would like to disclose that although she lives on Debbie Drive she already has sewer and she will not benefit from this project. Councillor Nickel said that a referral from the Health Department asked that the applicant submit the status of the required remedial action taken on the three waste disposal sites that were identified by the Massachusetts Department of Environmental Protection. The Health department also stated that “the developer needs to ensure that the proposed heating, venting and air conditioning units on the building will not create noise that could become a nuisance to the existing homes on Debbie Drive. Councillor Nickel said that positive recommendations were received from the Planning Board and the Conservation Commission. Councillor Freda said that in the neighborhood meetings the issue that the Health Department raised about noise from air- conditioning and heating units has been discussed and the developer is aware and will address them. Councillor Robert Salvatelli asked how many of the units are for sale and how many are rentals. Mr. Sullender said they are hoping to sell these units but they are not sure what the market will bear. He said they are not sure what will happen but when they apply for financing they are going to list it as rentals. Councillor Rowlands said that a fifty-five and over development does not necessarily mean no impact on schools. He said many of these residents would be selling their house to families with children. He said that this would also take a toll on the ambulance services. Land is presently zoned Residence C and this is a permitted use. Due to the fact that the land is in a floodplain district a Special Permit issued by a two-thirds vote of the City Council is necessary to carry out this proposed construction. At the regular meeting this date the petition was given Further Time. HEARING ADJOURNED: 7:26 P.M. Ann B. Mahan, City Clerk and Clerk of the City Council HEARING BEFORE THE CITY COUNCIL, November 8, 2004 This hearing was continued from October 12, 2004 Hearing opened at 7:28 P.M. with Councillor Marchand, Chair of the Legal Affairs Committee presiding. All members were present. Councillors Dombrowski and 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. Tom Caisse, Construction Director for Amerco presented photographs of other facilities that U-Haul has built. He said the Building Inspector has looked at them and believes it is a viable option. Councillor Marchand asked what the size the building will be. Mr. Caisse said it would be approximately 1,000 square feet and it would be a single level unlike the photograph which shows a second floor apartment. Councillor Marchand asked if they would be tying into city utilities. Mr. Caisse said they are doing a study to see if it feasible. Councillor Marchand asked what his timeline would be. Mr. Caisse said they would like to get approval by December 21, 2004. HEARING BEFORE THE CITY COUNCIL, November 8, 2004 Eric Stone, an employee of U-Haul and Leominster resident spoke in support. He said he would hate to move his family if the facility were closed. Councillor Nickel said he was disappointed that the plan just came in today. He said that when he looks at the plan there is not only office space but additional units and he feels if it was not for the additional units being proposed. Mr. Caisse said that the additional storage units are for the future. Councillor Dombrowski said that right now this site is an eyesore and that we should have some hard fast dates before we grant this. Councillor Lanciani said that he is appalled to think that U-Haul had three years and three weeks to come in with a plan the same night. He said this has been on our agenda since August so they have had time. Councillor Lanciani said it was two and half years before they cleaned up the mess from the fire. He said he received a call from the Building Inspector at 3:00 P.M. today and he said there were two gentlemen in his office with plans for U-Haul and would I like to come and see them. He said my answer was NO and he hopes the Council will say NO to U-Haul tonight. Councillor Rowlands said his first and only contact from U-Haul was 12:30 P.M. today. He said we have to hold the line and not get the reputation for being soft. Councillor Rowlands said that it is too little too late and he feels they need to enforce the rules so he will not be supporting this. Councillor Marchand said he agrees with the Ward One Councillor and he has extended them a professional courtesy because of the hardships U-Haul has experienced financially and with the fire. He said it is difficult for him to look at two pictures of similar buildings instead of architectural designs because it is an insult to all other companies that do spend thousand of dollars for plans. At the regular meeting this date the petition was granted with the condition that they report back to the City Council in 45 days. HEARING ADJOURNED: 7:49 P.M. Ann B. Mahan, City Clerk and Clerk of the City Council HEARING BEFORE THE CITY COUNCIL, November 8, 2004 Hearing opened at 7:50 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 13, Section 13-34 of the Revised Ordinances entitled “No Parking on Certain Streets” by inserting : Mechanic Street (north side) beginning at a point approximately 240’ more or less, from the intersection of Main Street and Mechanic Street in an easterly direction; Mechanic Street (north side )from Mt. Pleasant Avenue easterly for a distance of 220’ more or less; Mechanic Street (south side) opposite Spruce Street easterly for 132’ more or less; Mechanic Street (north side) from 97 Mechanic Street easterly for 140’ more or less; also amend Section 13-51.3 “[Thirty-minute parking] At all times” is amended by inserting: Mechanic Street, beginning at pole #2 easterly for120’, more or less. Councillors Dombrowski, Lanciani and Nickel spoke in favor. No one spoke in opposition. HEARING ADJOURNED: 7:52 P.M. Ann B. Mahan, City Clerk and Clerk of the City Council HEARING BEFORE THE CITY COUNCIL, November 8, 2004 Hearing opened at 7:53 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 amending Section 22-26 “Table of Uses Temporary mobile or trailer homes” by deleting the Special Permit requirement by City Council (SPCC) and also adding Temporary use of a mobile or trailer home is allowed for residential purposes after a fire or other similar disaster; approval may be granted by the Director of Inspections for 30 days; the City Council may approve an additional 120 day period, followed by 60 day extensions, if necessary, not to exceed one year. HEARING BEFORE THE CITY COUNCIL, November 8, 2004 Councillor Nickel said it has been brought to his attention that there may be a state statute that has precedence over this proposed ordinance. He said that he will be asking that this be given further time so that the Assistant City Solicitor can help the City Council fine tune this ordinance. No one spoke in opposition. HEARING ADJOURNED: 7:56 P.M. Ann B. Mahan, City Clerk and Clerk of the City Council REGULAR MEETING OF THE CITY COUNCIL, November 8, 2004 Meeting called to order at 8:02 P.M. The salute to the flag was lead by Boy Scout Troop 13 from St. Anna’s School. Attendance was taken by a roll call vote; all members present. A recess was called at 8:06 P.M. to hold a public forum. Meeting reconvened at 8:08 P.M. The following COMMUNICATIONS were received, referred to the FINANCE COMMITTEE and given REGULAR COURSE. C-53 Relative to the appropriation of $23,107.00 to the Retirement System Expense Account; same to be transferred from the Excess and Deficiency Account. C-54 Relative to the appropriation of $35,879.00 to the Cemetery Capital Outlay Expense Account; same to be transferred from the Cemetery Perpetual Care Income Account. C-55 Relative to the appropriation of $28,100.00 to the Fire Department Capital Outlay Expense Account; same to be transferred from the Excess and Deficiency Account. C-56 Relative to the appropriation of $1,100.00 to the Health Department Salary and Wages Account; same to be transferred from the Health Department Salary & Wages Account. C-57 Relative to the appropriation of $1,000.00 to the Emergency Management Expense Account; same to be transferred from the Excess and Deficiency Account. C-58 Relative to the appropriation of $10,000.00 to the Fire Department Expense Account; same to be transferred from the Excess and Deficiency Account. C-59 Relative to the appropriation of $5,500.00 to the Police Anti-Drug Task Force Expense Account; same to be transferred from the Excess and Deficiency Account. The following COMMUNICATION was received referred to the LEGAL AFFAIRS COMMITTEE and given REGULAR COURSE. C-60 Dean J. Mazzarella, Mayor: Accept a donation of $53,873.12 from Bovenzi, Inc. for sidewalks and related expenses on Central Street as required by Chapter 44, Section 53A of the Massachusetts General Laws. The following COMMUNICATION was received referred to the LEGAL AFFAIRS COMMITTEE, given REGULAR COURSE AND REFERRED TO THE zoning Board of Appeals, the Planning Board and the Mayor. C-61 Dean J. Mazzarella, Mayor: Request that the City Council, the Zoning Board of Appeals and Planning Board adopt “Additional Notification Requirements” which would require any applicant for a variance or special permit erect and maintain in legible condition one or more public notification panels at the site for which relief is requested. The following COMMUNICATION was received under SUSPENSION OF THE RULES Vt. 9/0; referred to the FINANCE COMMITTEE, and given REGULAR COURSE. A hearing was set for November 22, 2004 at 7:15 P.M. Vt. 9/0 C-62 Dean J. Mazzarella, Mayor: Request that the City Council set a hearing for the classification of the tax rate on November 22, 2004 for the purpose of setting the Fiscal Year 2005 tax rate. The following PETITION was received, referred to the FINANCE COMMITTEE and given REGULAR COURSE. 35-05 Claire M. Freda: Request the City Council and Mayor create an account funded by an appropriation by the Mayor of at least $10,000.00, or the amount deemed necessary by the DPW Director and the Mayor to allow the correction of drainage and water problems throughout the city. REGULAR MEETING OF THE CITY COUNCIL, November 8, 2004, continued The following PETITIONS were received, referred to the PUBLIC SERVICE COMMITTEE and given REGULAR COURSE. 36-05 Massachusetts Electric Company and Verizon New England Inc.: Highland Avenue; Install one jointly owned pole and remove one jointly owned pole on Highland Avenue beginning at a point approximately 820 feet south of the centerline of the intersection of Lindell Avenue and continuing approximately 8 feet in a southerly direction. 37-05 Massachusetts Electric Company and Verizon New England Inc.: Alder Drive; Install one jointly owned pole on Alder Drive beginning at a point approximately 125 feet north of the centerline of the intersection of Danielle Drive. The following APPOINTMENT was received, referred to the WAYS & MEANS COMMITTEE and given REGULAR COURSE. Rosemary Bracani – Cable Advisory Board – term to expire April 15, 2005 (to fill the unexpired term of Cedric Arno) Upon recommendation of the FINANCE COMMITTEE, the following COMMUNICATION was AMENDED, GRANTED AS AMENDED and ORDERED. Vt. 9 “yeas”. Amended from $55,000.00to $25,000.00 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. ORDERED:- that the sum of Twenty Five Thousand Dollars ($25,000.00) be appropriated to the Legal Services Expense Account; same to be raised by Fiscal Year 2005 Revenue. A recess was called at 10:10 P.M. relative to C-26 Reconvened at 10:20 P.M. Upon recommendation of the FINANCE COMMITTEE, the following COMMUNICATIONS were GRANTED and ORDERED. Vt. 9 “yeas” 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. ORDERED:- that the sum of Two Hundred Seventy Six Thousand Dollars ($276,000.00) be appropriated to the Sholan Farms Land Purchase Account; same to be raised by Fiscal Year 2005 Revenue. C-31 Relative to the appropriation of $91,250.00 to the Sewer Department Expense Account; same to be transferred from the Excess and Deficiency Account. ORDERED:- that the sum of Ninety One Thousand Two Hundred Fifty Dollars ($91,250.00) be appropriated to the Sewer Department Expense Account; same to be transferred from the Excess and Deficiency Account. C-32 Relative to the appropriation of $242,600.00 to the Water Department Capital Outlay Expense Account; same to be transferred from the Excess and Deficiency Account. ORDERED:- that the sum of Two Hundred Forty Two Thousand Six Hundred Dollars (242,600.00) be appropriated to the Water Department Capital Outlay Expense Account; same to be transferred from the Excess and Deficiency Account. C-33 Relative to the appropriation of $900,000.00 to the School Department Transportation Expense Account; same to be transferred from the Excess and Deficiency Account. ORDERED:- that the sum of Nine Hundred Thousand Dollars ($900,000.00) be appropriated to the School Department Transportation Expense Account; same to be transferred from the Excess and Deficiency Account. C-34 Relative to the appropriation of $30,000.00 to the Emergency Management Agency Capital Outlay Expense Account; same to be raised by FY 2005 Revenue. ORDERED:- that the sum of Thirty Thousand Dollars ($30,000.00) be appropriated to the Emergency Management Agency Capital Outlay Expense Account; same to be raised by Fiscal Year 2005 Revenue. Upon request of the FINANCE COMMITTEE, the following COMMUNICATION was given FURTHER TIME. Vt. 9/0 C-35 Relative to the appropriation of $50,000.00 to the Department of Public Works Traffic Improvement Expense Account; same to be raised by FY 2005 Revenue. Upon recommendation of the FINANCE COMMITTEE, the following COMMUNICATIONS were GRANTED and ORDERED. Vt. 9 “yeas” C-36 Relative to the appropriation of $201,300.00 to the Fire Department Salary and Wages Account; same to be raised by Fiscal Year 2005 Revenue. ORDERED:- that the sum of Two Hundred One Thousand Three Hundred Dollars ($201,300.00) be appropriated to the Fire Department Salary and Wages Account; same to be raised by Fiscal Year 2005 Revenue. REGULAR MEETING OF THE CITY COUNCIL, November 8, 2004, continued C-37 Relative to the appropriation of $100,234.00 to the Fire Department Salary and Wages Account; same to be raised by Fiscal Year 2005 Revenue. ORDERED:- that the sum of One Hundred Thousand Two Hundred Thirty Four Dollars ($100,234.00) be appropriated to the Fire Department Salary and Wages Account; same to be raised by Fiscal Year 2005 Revenue. C-38 Relative to the appropriation of $76,000.00 to the Assessor’s Property Revaluation Expense Account; same to be transferred from the Excess and Deficiency Account. ORDERED:- that the sum of Seventy Six Thousand Dollars ($76,000.00) be appropriated to the Assessors Property Revaluation Expense Account; same to be transferred from the Excess and Deficiency Account. C-39 Relative to the appropriation of $32,719.00 to various departments Salary & Wages Accounts; same to be raised by Fiscal Year 2005 Revenue. ORDERED:- that the sum of Thirty Two Thousand Seven Hundred Nineteen Dollars ($32,719.00) be appropriated to the various departments listed; same to be raised by FY 2005 Revenue. FY 2004 Retroactive Salary and Wages Adjustments DPW Labor Account $ 2,605.00 Library Salary & Wages 8,190.00 Highway Dept. Salary & Wages 1,946.00 Forestry Dept. Salary & Wages 1,869.00 Police Salary & Wages 1,670.00 Wire Salary & Wages 2,383.00 Assessors Salary & Wages 2,454.00 Collector Salary & Wages 2,070.00 Treasurer Salary & Wages 1,425.00 Comptroller Salary & Wages 2,723.00 Purchasing Salary & Wages 954.00 City Clerk Salary & Wages 232.00 Election & Registration Salary & Wages 1,495.00 Building Salary & Wages 646.00 Plumbing Salary & Wages 1,015.00 Health Salary & Wages 810.00 Council on Aging Salary & Wages 232.00 Total $32,719.00 C-40 Relative to the appropriation of $117,945.00 to various departments Salary & Wages Accounts; same to be transferred from the Collective Bargaining Expense Account. ORDERED: - that the sum of One Hundred Seventeen Thousand Nine Hundred Forty Five Dollars ($117,945.00) be appropriated to the various departments listed; same to be transferred from the Collective Bargaining Expense Account. Departments Amount Mayors Office Salary & Wages $ 1,468.00 Personnel Department Salary & Wages 1,219.00 Comptroller Department Salary & Wages 7,256.00 Budget Office Salary & Wages 375.00 Assessor’s Department Salary & Wages 9,838.00 Treasurer Department Salary & Wages 4,358.00 Collector Department Salary & Wages 5,174.00 City Clerk Department Salary & Wages 3,874.00 Election & Registration Salary & Wages 2,419.00 Purchasing Department Salary & Wages 4,458.00 Planning Department Salary & Wages 1,614.00 Economic Development Salary & Wages 972.00 Building Department Salary & Wages 6,188.00 Wire Department Salary & Wages 5,467.00 Plumbing Inspector Dept. Salary & Wages 2,307.00 Emergency Mgt. Agency Salary & Wages 2,780.00 Health Department Salary & Wages 7,807.00 Fire Department Salary & Wages 1,174.00 Police Department Salary & Wages 6,809.00 Council on Aging Dept. Salary & Wages 3,561.00 Veterans Services Dept. Salary & Wages 1,510.00 Recreation Department Salary & Wages 1,644.00 Library Department Salary & Wages 23,932.00 D.P.W. Department Salary & Wages 4,359.00 Forestry Department Salary & Wages 3,316.00 Highway Department Salary & Wages 3,377.00 Parking Meter Department Salary & Wages 393.00 License Commission Dept. Salary & Wages 296.00 Total $ 117,945.00 REGULAR MEETING OF THE CITY COUNCIL, November 8, 2004, continued C-41 Relative to the appropriation of $4,123.00 to the Sewer Department Salary and Wages Account; same to be transferred from the Sewer Expense Account. ORDERED:- that the sum of Four Thousand One Hundred Twenty Three Dollars ($4,123.00) be appropriated to the Sewer Department Salary and Wages Account; same to be transferred from the Sewer Expense Account. RE: - FY04 Retroactive and FY05 Salary and Wages Differentials for non-union employees. C-42 Relative to the appropriation of $17,529.00 to the Water Department Salary and Wages Account; same to be transferred from the Water Department Capital Outlay Expense Account. ORDERED:- that the sum of Seventeen Thousand Five Hundred Twenty Nine Dollars ($17,529.00) be appropriated to the Water Department Salary and Wages Account; same to be transferred from the Water Department Capital Outlay Expense Account. RE:- FY04 Retroactive and FY05 Salary and Wage Differentials for non-union employees. C-43 Relative to the appropriation of $5,000.00 to the Sewer Department Regular Labor Account; same to be transferred from the Sewer Department Expense Account. ORDERED:- that the sum of Five Thousand Dollars ($5,000.00) be appropriated to the Sewer Department Regular Labor Account; same to be transferred from the Sewer Department Expense Account. C-44 Relative to the appropriation of $24,000.00 to the Water Department Regular Labor Account; same to be transferred from the Water Capital Outlay Account. ORDERED:- that the sum of Twenty Four Thousand Dollars ($24,000.00) be appropriated to the Water Department Regular Labor Account; same to be transferred from the Water Capital Outlay Account. RE:- Retroactive and FY05 Pay Differential pay increases for union employees. C-45 Relative to the appropriation of $146,220.00 to the Collective Bargaining Expense Account; same to be raised by FY 2005 Revenue. RE:- that the sum of One Hundred Forty Six Thousand Two Hundred Twenty Dollars ($146,220.00) be appropriated to the Collective Bargaining Expense Account; same to be raised by FY 2005 Revenue. C-46 Relative to the appropriation of $38,800.00 to the various D.P.W. Departments; same to be transferred from the FY 2005 Revenue. ORDERED:- that the sum of Thirty Eight Thousand Eight Hundred Dollars ($38,800.00) be appropriated to the various departments listed; same to be transferred from the FY 2005 Revenue. RE: FY 2005 Pay Differential for DPW Union Employees DPW Labor Regular $27,000.00 Forestry Salary & Wages 6,975.00 Cemetery Salary & Wages 4,825.00 $38,800.00 Upon request of the FINANCE COMMITTEE, the following COMMUNICATION was given FURTHER TIME. Vt. 9 “yeas” C-47 Relative to the appropriation of $2,000.00 to the Personnel Department Expense Account; same to be transferred from the Excess and Deficiency Account. Upon recommendation of the PUBLIC SERVICE COMMITTEE, the following PETITION was given FURTHER TIME. Vt. 9/0 31-05 Robert Salvatelli: Accept Tisdale Avenue as a public way. Upon recommendation of the LEGAL AFFAIRS COMMITTEE, the following PETITION was TABLED FOR STUDY . Vt. 9/0; A hearing was set for December 13, 2004 at 7:15 P.M. 34-05 McKenzie Engineering Co., Inc. on behalf of Adams Street Properties, LLC, Owners of land to be rezoned: Change the zoning district of land located at the southwest corner of the intersection of Adams Street and Cotton Street from Industrial (I) to Residence C (RC) as shown on Assessor’s Map 4, as lots 1 (4.52 acres) and 2 (0.2 acre); also change the zoning district of land contiguous to those parcels and westerly of Adams Street, southerly of Cotton Street, easterly of Cottage Street and northerly of Pleasant Street from Business B (BB) to Residence C (RC) shown on Assessors Map 3, as lots 14C (0.55 acre) total area to be rezoned is 5.27 acres to allow the redevelopment of the area into a residential townhouse development. Upon recommendation of the WAYS & MEANS COMMITTEE, the following COMMUNICATION was GRANTED and ORDERED. Vt. 9 “yeas” C-48 Relative to the appropriation of $9,843.00 to the C. D.B.G. Departments; (Code Enforcement- $2,967, Housing Rehab - $4,046, Administration - $1,746, Economic Development - $1,084) same to be transferred from the same C.D.B.G. Departments. REGULAR MEETING OF THE CITY COUNCIL, November 8, 2004, continued ORDERED:- that the sum of Nine Thousand Eight Hundred Forty Three ($9,843.00) be appropriated to the C.D.B.G. Departments (Code Enforcement - $2,967.00, Housing Rehab - $4,046.00, Administration $1,746.00, Economic Development - $1,084.00) same to be transferred from the C.D.B.G. Departments. Upon recommendation of the WAYS & MEANS and LEGAL AFFAIRS COMMITTEES, the following COMMUNICATIONS were GRANTED. Vt. 9/0 C-49 Dean J. Mazzarella, Mayor: Amend Section 16-30 of the Revised Ordinances by deleting Schedule W in its entirety and inserting in its place (b)(1), (b)(2) and (b)(3) increasing the hourly scales of pay for W-1 through W-6 by 2% (Maximum Column only) effective 7/1/03; 2.5%; effective 7/1/04, 3% effective 7/1/05, changes which reflect the settlement reached with the DPW union. C-50 Dean J. Mazzarella, Mayor: Amend Section 16-30 of the Revised Ordinances by deleting Schedule F in its entirety and inserting in its place a new Schedule F (2)(a), (2)(b) and 2(c) increasing the pay scales for F-1 thru F-5 by 2% (for maximum fire positions only), effective 7/1/03; 2.5% effective 7/1/04; and 3% effective 7/1/05, changes which reflect the settlement with the Fire Department Union. C-51 Dean J. Mazzarella, Mayor: Amend Section 16-30 of the Revised Ordinances by deleting schedule (a) in its entirety and inserting in its place (a)(1), (b)(1), (c)(1) increasing salaries & wages of S-1 through S-10 (maximum column only) by 2% effective 7/1/03; by 2.5% effective 7/1/04 and 3% effective 7/1/05. C-52 Dean J. Mazzarella, Mayor: Amend Section 16-33 of the Revised Ordinances entitled “Longevity” by deleting it in its entirety and inserting in it’s place, a new section with increases effective 7/1/03; also amend Section 16-13 entitled “Vacations” by adding (b)(8) - Employees entitled to four or more weeks vacation in a calendar year may buy back up to five (5) days of vacation time. The following ORDINANCE was read once and adopted as presented. Vt. 9 “yeas”. A hearing was set for November 22, 2004 at 6:30 P.M. Vt. 9/0 1st Reading Ordinance - amend Section 16-30 of the Revised Ordinances by deleting Schedule W in its entirety and inserting in its place (b)(1), (b)(2) and (b)(3) increasing the hourly scales of pay for W-1 through W-6 by 2% (Maximum Column only) effective 7/1/03; 2.5%; effective 7/1/04, 3% effective 7/1/05, changes which reflect the settlement reached with the DPW union. The following ORDINANCE was read once and adopted as presented. Vt. 9 “yeas”. A hearing was set for November 22, 2004 at 6:35 P.M. Vt. 9/0 1st Reading Ordinance - amend Section 16-30 of the Revised Ordinances by deleting Schedule F in its entirety and inserting in its place a new Schedule F (2)(a), (2)(b) and 2(c) increasing the pay scales for F-1 thru F-5 by 2% (for maximum fire positions only), effective 7/1/03; 2.5% effective 7/1/04; and 3% effective 7/1/05, changes which reflect the settlement with the Fire Department Union. The following ORDINANCE was read once and adopted as presented. Vt. 9 “yeas”. A hearing was set for November 22, 2004 at 6:40 P.M. Vt. 9/0 1st Reading Ordinance - amend Section 16-30 of the Revised Ordinances by deleting schedule (a) in its entirety and inserting in its place (a)(1), (b)(1), (c)(1) increasing salaries & wages of S-1 through S-10 (maximum column only) by 2% effective 7/1/03; by 2.5% effective 7/1/04 and 3% effective 7/1/05. The following ORDINANCE was read once and adopted as presented. Vt. 9 “yeas”. A hearing was set for November 22, 2004 at 6:45 P.M. Vt. 9/0 1st Reading Ordinance - amend Section 16-33 of the Revised Ordinances entitled “Longevity” by deleting it in its entirety and inserting in it’s place, a new section with increases effective 7/1/03; also amend Section 16-13 entitled “Vacations” by adding (b)(8) - Employees entitled to four or more weeks vacation in a calendar year may buy back up to five (5) days of vacation time. The following ORDINANCE was read once and adopted as presented. Vt. 9 “yeas”. A hearing was set for November 22, 2004 at 6:50 P.M. Vt. 9/0 1st Reading Ordinance – amend Chapter 4 Section 4-2.10 of the Revised Ordinances entitled “Disposal of Building Materials” is hereby amended by deleting the words “final approval of” and inserting in their place the words “a building permit for.” The following ORDINANCE was read once and adopted as presented. Vt. 9 “yeas”. A hearing was set for November 22, 2004 at 6:55 P.M. Vt. 9/0 1st Reading Ordinance – amend Chapter 12 of the Revised Ordinances, Section 12-2 entitled “Fees-Schedule” is hereby amended at paragraph (57) by amending the fee for “Board of Appeals applications, filing fee” from $150.00 to $200.00. The following ORDINANCE was read once and adopted as presented. Vt. 9 “yeas”. A hearing was set for November 22, 2004 at 7:00 P.M. Vt. 9/0 1st Reading Ordinance – amend Chapter 13, Section 13-77 of the Revised Ordinances entitled “Stop Signs” by inserting “Prospect Terrace, against southbound drivers at Prospect Street.” REGULAR MEETING OF THE CITY COUNCIL, November 8, 2004, continued The following ORDINANCE was read once and adopted as presented. Vt. 9 “yeas”. A hearing was set for November 22, 2004 at 7:05 P.M. Vt. 9/0 1st Reading Ordinance – amend Chapter 22, Section 22-26 of the Revised Ordinances entitled “Tabled of Uses”, by inserting the following entry under “Business Uses”: RRA RAA RB RC BA BB C I Marshall Arts School/Studio N N N N SPBA Y Y N The following ORDINANCE was read once and adopted as presented. Vt. 9 “yeas”. A hearing was set for November 22, 2004 at 7:10 P.M. Vt. 9/0 1st Reading Ordinance – amend Chapter 16, Section 16-34 of the Revised Ordinances entitled “Classification of Positions” is hereby amended by changing the classification of the Director of Inspections from S-9 to S-10. The following ORDINANCE was read once and adopted as presented. Vt. 9 “yeas”. A hearing was set for November 22, 2004 at 7:13 P.M. Vt. 9/0 1st Reading Ordinance – amend Chapter 13 Section 13-77 of the Revised Ordinances entitled “Stop Signs” by inserting Buono Avenue against northbound drivers at North Main Street; Dettling Avenue against northbound drivers at North Main Street and Westland Avenue against northbound drivers at North Main Street. The following ORDINANCE returned unsigned by the Mayor was reconsidered and ADOPTED. Vt. 7 “yeas” and 2 “nays”; Councillor Freda and Rosa opposed. 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”. Upon request of the LEGAL AFFAIRS COMMITTEE, the following ORDINANCE was GIVEN FURTHER TIME. Vt. 9/0 2ND 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.(Legal Affairs) 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 The following ORDINANCES were read a second time, ADOPTED as presented and passed to be ordained. Vt. 9 “yeas” The City of Leominster In the year two thousand and four An Ordinance Amending Chapter 13 of the Revised Ordinances entitiled “Motor Vehicles and Traffic.” Be it ordained by the City Council of the City of Leominster as follows: Chapter 13 of the Revised Ordinances entitled “Motor Vehicles and Traffic” is hereby amended as follows: Section 13-34 – “No Parking on Certain Streets” is amended by inserting the following: - Mechanic Street (north side), beginning at a point two hundred forty feet, more or less from the intersection of Main Street and Mechanic Street in an easterly direction - Mechanic Street (north side) from Mt. Pleasant Avenue, easterly for two hundred twenty feet, more or less. - Mechanic Street (south side), opposite Spruce Street, easterly for one hundred thirty two feet, more or less. - Mechanic Street (north side), from 97 Mechanic Street easterly for one hundred forty feet, more or less. Section 13-51.3 – “[Thirty-minute parking] – At all time” is amended by inserting the following: - Mechanic Street, beginning at pole #2 easterly for one hundred twenty feet, more or less. REGULAR MEETING OF THE CITY COUNCIL, November 8, 2004, continued The City of Leominster In the year two thousand and four An Ordinance Amending Chapter 13 of the Revised Ordinances entitiled “Motor Vehicles and Traffic.” Be it ordained by the City Council of the City of Leominster as follows: Chapter 13 of the Revised Ordinances entitled “Motor Vehicles and Traffic” is hereby amended as follows: Section 13-34 – “No Parking on Certain Streets” is amended by inserting the following: - Main Street (East Side), from Pierce Street for one hundred five feet south. - Main Street (East Side), from seven hundred ten feet from Haws Street for seven hundred sixty feet Northeast along Main Street. - Main Street (North Side), from a point two hundred ninety-five feet Easterly of the intersection of Main and Railroad Streets and extending Westerly along the Northerly sideline of Main Street through the intersections of Railroad, Hamilton and River Streets to a point one hundred feet from the most Westerly corner of River Street at its intersection with Main Street. - Main Street (South Side), from Nashua Street for ninety feet West.” - Main Street (South Side), from a point three hundred feet east from the intersection of Main and Prospect Streets and extending to the intersection. - Main Street (South Side), from a point beginning at the intersection of Prospect and Main Streets and extending Westerly to the point of intersection of Main and Nashua Street. And Section 13-34 is further amended by inserting the following: - Main Street (East Side), from a point beginning at the intersection of Haws and Main Streets and extending northerly along Main Street to the point of the intersection of Main and Pierce Streets. - Main Street (West Side), from a point beginning at the intersection of Pierce and Main Streets and extending southerly along Main Street to the point of the intersection of Main and Haws Streets. _____________________________________________ Upon request of the LEGAL AFFAIRS COMMITTEE, the following ORDINANCE was GIVEN FURTHER TIME. Vt. 9/0 2nd Reading Ordinance – amend Chapter 22 of the Revised Ordinances entitled “Zoning” by amending Section 22-26 “Table of Uses Temporary mobile or trailer homes” by deleting the Special Permit requirement by City Council (SPCC) and also adding Temporary use of a mobile or trailer home is allowed for residential purposes after a fire or other similar disaster; approval may be granted by the Director of Inspections for 30 days; the City Council may approve an additional 120 day period, followed by 60 day extensions, if necessary, not to exceed one year. Councillor Marchand, Chair of the LEGAL AFFAIRS COMMITTEE, moved that the following PETITION be removed from table and placed on the calendar for action. It was so voted. Vt. 8/1; Councillor Lanciani opposed. Committees report as follows. 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. GRANTED with the condition that they report back to the City Council within 45 days. Vt. 6 “yeas” and 3 “nays”; Councillors Lanciani, Rosa and Rowlands opposed. Councillor Nickel, Clerk of the LEGAL AFFAIRS COMMITTEE, moved that the following PETITION be removed from table and placed on the calendar for action. It was so voted. Vt. 8/0; Councillor Marchand abstained due to a possible Conflict of Interest. Committees report as follows: 29-06 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. FURTHER TIME 8 “Yeas”; Councillor Marchand abstained due to a possible Conflict of Interest. Councillor Marchand, Chair of the LEGAL AFFAIRS COMMITTEE, moved that the following PETITION be removed from table and placed on the calendar for action. It was so voted. Vt. 9/0 Committees report as follows. REGULAR MEETING OF THE CITY COUNCIL, November 8, 2004, continued 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.” A motion to RECIND the vote of August 23, 2004 was GRANTED. Vt. 7 “yeas” and 2 “nays”; Councillors Lanciani and Rosa opposed. Councillor Robert Salvatelli said that the Mayor has requested that anyone who has questions for him go through the City Clerk’s Office. He also said that the Mayor is an E-mail type of guy and that is another way to get in touch with him. MEETING ADJOURNED: 11:55 P.M. Ann B. Mahan, City Clerk and Clerk of the City Council