City Council

HEARING BEFORE THE CITY COUNCIL, NOVEMBER 22, 2004 Hearing opened at 6:27 P.M. with Councillor Nickel, Chair of the Public Service Committee presiding. All members were present except Councillors Freda and Rosa. The following PETITION was the subject of the hearing. 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. Ken Dobie representing Massachusetts Electric spoke in support. He said that they want to replace a pole and move it eight feet for a new home being built. Mr. Dobie said if we don’t do that it will create an aerial trespass. He said right now every one on that corner is related, but if things change hands in the future they may have to move the wire and poles. Councillor Marchand asked where the pole is located. Mr. Dobie said that it is at the end of a driveway of a new house that is being built. Councillor Marchand asked if it is going to be on a sidewalk or on private property. Mr. Dobie said that it will be within the town’s taking. Councillor Marchand said that he would not want to see it in the middle of a walkway especially if there is an expansion of sidewalks in that area. Mr. Dobie said it would be on the same level as the other poles on the street. Councillor Marchand asked if it would be on the sidewalk. Mr. Dobie said he is not even sure there are sidewalks in the area. Councillor Marchand said the point is that he is trying to get sidewalks in that area. He said if you have even driven down Day Street you would see the problem there of poles in the middle of the sidewalks. Mr. Dobie said that you can’t just move one pole because it will be out of angle. Councillor Marchand said he wants to know where the pole is going before they approve it because he is in the process of putting together a plot plan for all sidewalks in that area because there are thirty children that walk to school. He does not want to see the poles in the middle of the sidewalk. Chairman Nickel said that there should be a map. He said that he may recommend further time if Councillor Marchand feels he does not have the answers he want and he asked Mr. Dobie if that will cause a problem for the homeowner. Mr. Dobie said that the stake has been there for three months and the city has had that time to look at it. Chairman Nickel said that if the Ward Councilor needs more time to go look at the area he will recommend further time. HEARING ADJOURNED: 6:32 P.M. Ann B. Mahan, City Clerk and Clerk of the City Council HEARING BEFORE THE CITY COUNCIL, NOVEMBER 22, 2004 Hearing opened at 6:32 P.M. with Councillor Nickel, Chair of the Public Service Committee presiding. All members were present except Councillor Rosa. The following PETITION was the subject of the hearing. 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. Councillor Nickel said that a letter has been received from Massachusetts Electric to give this petition Leave to Withdraw so he would not being entertaining any comments. HEARING ADJOURNED: 6:33 P.M. Ann B. Mahan, City Clerk and Clerk of the City Council HEARING BEFORE THE CITY COUNCIL, NOVEMBER 22, 2004 Hearing opened at 6:34 P.M. with Councillor Marchand, Chair of the Legal Affairs Committee presiding. All members were present except Councillor Rosa. The following ORDINANCE was the subject of the hearing. Relative to amending 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. No one spoke in support or opposition. No Councillors spoke. HEARING ADJOURNED: 6:35 P.M. Ann B. Mahan, City Clerk and Clerk of the City Council HEARING BEFORE THE CITY COUNCIL, NOVEMBER 22, 2004 Hearing opened at 6:35 P.M. with Councillor Marchand, Chair of the Legal Affairs Committee presiding. All members were present except Councillor Rosa. The following ORDINANCE was the subject of the hearing. Relative to amending 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. No one spoke in support or opposition. No Councillors spoke. HEARING ADJOURNED: 6:37 P.M. Ann B. Mahan, City Clerk and Clerk of the City Council HEARING BEFORE THE CITY COUNCIL, NOVEMBER 22, 2004 Hearing opened at 6:40 P.M. with Councillor Marchand, Chair of the Legal Affairs Committee presiding. All members were present except Councillor Rosa. The following ORDINANCE was the subject of the hearing. Relative to amending 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. No one spoke in support or opposition. No Councillors spoke. HEARING ADJOURNED: 6:41 P.M. Ann B. Mahan, City Clerk and Clerk of the City Council HEARING BEFORE THE CITY COUNCIL, NOVEMBER 22, 2004 Hearing opened at 6:45 P.M. with Councillor Marchand, Chair of the Legal Affairs Committee presiding. All members were present except Councillor Rosa. The following ORDINANCE was the subject of the hearing. Relative to amending 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. No one spoke in support or opposition. No Councillors spoke. HEARING ADJOURNED: 6:46 P.M. Ann B. Mahan, City Clerk and Clerk of the City Council HEARING BEFORE THE CITY COUNCIL, NOVEMBER 22, 2004 Hearing opened at 6:50 P.M. with Councillor Marchand, Chair of the Legal Affairs Committee presiding. All members were present except Councillor Rosa. The following ORDINANCE was the subject of the hearing. Relative to amending 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.” No one spoke in support or opposition. Councillors Nickel and Rowlands spoke in support. HEARING ADJOURNED: 6:57 P.M. Ann B. Mahan, City Clerk and Clerk of the City Council HEARING BEFORE THE CITY COUNCIL, NOVEMBER 22, 2004 Hearing opened at 6:55 P.M. with Councillor Marchand, Chair of the Legal Affairs Committee presiding. All members were present except Councillor Rosa. The following ORDINANCE was the subject of the hearing. Relative to amending 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. No one spoke in support or 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 22, 2004 Hearing opened at 7:00 P.M. with Councillor Marchand, Chair of the Legal Affairs Committee presiding. All members were present except Councillor Rosa. The following ORDINANCE was the subject of the hearing. Relative to amending Chapter 13, Section 13-77 of the Revised Ordinances entitled “Stop Signs” by inserting “Prospect Terrace, against southbound drivers at Prospect Street. No one spoke in support or opposition. No Councillors spoke. HEARING ADJOURNED: 7:02 P.M. Ann B. Mahan, City Clerk and Clerk of the City Council HEARING BEFORE THE CITY COUNCIL, NOVEMBER 22, 2004 Hearing opened at 7:07 P.M. with Councillor Marchand, Chair of the Legal Affairs Committee presiding. All members were present except Councillor Rosa. The following ORDINANCE was the subject of the hearing. Relative to amending 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 Councillor Nickel said that if a specific use was not listed in the tabled of uses it would be interpreted that it would not be allowed. He said until that is changed this is the only mechanism to allow a martial arts studio unless we wanted to rezone the whole neighborhood. Norma Soares, 498 Lancaster Street spoke in support. She said this will effect her property because she has been trying to open a martial arts studio at that address for a year and a half. No one spoke in opposition. HEARING ADJOURNED: 7:12 P.M. Ann B. Mahan, City Clerk and Clerk of the City Council HEARING BEFORE THE CITY COUNCIL, NOVEMBER 22, 2004 Hearing opened at 7:12 P.M. with Councillor Marchand, Chair of the Legal Affairs Committee presiding. All members were present except Councillor Rosa. The following ORDINANCE was the subject of the hearing. Relative to amending 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. No one spoke in support or opposition. No Councillors spoke. HEARING ADJOURNED: 7:13 P.M. Ann B. Mahan, City Clerk and Clerk of the City Council HEARING BEFORE THE CITY COUNCIL, NOVEMBER 22, 2004 Hearing opened at 7:13 P.M. with Councillor Marchand, Chair of the Legal Affairs Committee presiding. All members were present except Councillor Rosa. The following ORDINANCE was the subject of the hearing. Relative to amending 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. No one spoke in support or opposition. No Councillors spoke. HEARING ADJOURNED: 7:14 P.M. Ann B. Mahan, City Clerk and Clerk of the City Council HEARING BEFORE THE CITY COUNCIL, NOVEMBER 22, 2004 Hearing opened at 8:02 P.M. with Councillor Robert Salvatelli, Clerk of the Finance Committee presiding. All members present except Councillor Rosa. Present at the hearing was Chief Assessor Walter Poirier, Assessors James Dillon and Norman Melanson and Economic Development Coordinator Christopher Paquette. The following COMMUNICATION was the subject of the Hearing. C-62 Relative to determining the factor to be used in setting the Fiscal Year 2005 tax rate. Councillor Robert Salvatelli said that he wanted to clarify that tonight the City Council will not be determining the tax rate but the tax factor that will be used. Walter Poirier said that when you vote on a tax factor you will be voting on the first group which would be Residential and Open Space and the second group would be Commercial, Industrial and Personal Property. He said that in 2000 there was a serious increase in residential values based upon the market approach. Mr. Poirier said that values this year are based on 2003 sales. He said values on Commerical/Industrial are based primarily on the income approach. He said income is not the income of the business who occupies the property but what that property would rent for on the open market. Mr. Poirier said that in this city the Industrial space in this city is 7,422,726 square feet and 1,161,904 is vacant. He said this is a vacancy rate of 27.8%. Mr. Poirier said that you may vote on a favor of 1 but the maximum is 1.5. He said for every dollar you take off residential it adds $4.71 to Commercial/Industrial. Mr. Poirier said that an increase to Commercial is also an increase to agricultural and recreational properties. He said that the primary beneficiary of a split tax rate would be single family homes and condo owners. Councillor Nickel asked if a three-decker home would benefit. Mr. Poirier said only if they were owner occupied. HEARING BEFORE THE CITY COUNCIL NOVEMBER 22, 2002, continued Councillor Rowlands said that he provided everyone with a packet that he prepared in which most of the information was taken from the Department of Revenue Web Page. He said he put a disclaimer on the front saying this was his personal opinion and he knowingly did not give any false information in the document. Councillor Rowlands said that in 2004 the assessed value of Industrial went from $153,000,000.00 to $195,880,350.00 a 29.8% increase from 1999. He asked Mr. Poirier how that coincides with the description that he just gave of the poor condition Industrial values. Mr. Poirier said that is because when the T.I.F’S (Tax Increment Financings) drop each year we pick up growth as well as increased value. He said what happened during the time period from 1999 to 2004 is that the T.I.F’S that were five to ten to fourteen years old started to drop at the percentage they were discounted. Councillor Marchand asked if we have a 22% vacancy in Industrial/Commercial. Mr. Poirier said that the vacancy is in Industrial only, there are none in Commercial. Councillor Marchand said that his concern is that these companies are coming in for abatements and how does it impact us. Mr. Poirier said that as required by the state we are accessing at full face value. He said we are not getting appeals in the industrial sector because most of these are under TIFS. Mr. Poirier said that there have been some ridiculous rents being asked recently but these properties are not being filled and that is because there is no demand. Councillor Rowlands said that he agrees that we need to watch out for our Mom and Pop stores. He said that one of his concerns is that we have added 800,000 square feet of retail to this city on industrial land. Councillor Rowlands said that as a city we have given away our industrial land to big box retail. He said he has contacted most communities who have a Home Depot and out of the ones who have responded he has not been able to find a Home Depot in this state that pays less taxes than the one in Leominster does. Councillor Rowlands said that no one puts more pressure on the small downtown stores than the big box retailers. He said that we are trying to protect them with the tax rate at the same time we are giving our Industrial land away to these large retailers. Councillor Nickel asked what we gained from the Industrial revaluation that was done last year? Mr. Poirier said that it was the first time it was done in nine years and we gained $2,000,000.00 in value which translates into about $25,000.00. Councillor Freda said that as an appraiser she goes to many city and town halls and when in Sterling she picked up a brochure that is given to tax payers that explains the cost of services to the taxpayers. She said this is a good way of letting taxpayers know where there money is going. Mr. Poirier said that the City Comptroller, John Richard could do something like this because he is the one who knows where the tax dollars are being spent. Councillor Robert Salvatelli asked what a shift of going from a factor of one to a dual would make to tax payers. Mr. Poirier said that a maximum shift, which would be the 1.5 factor, would reduce the tax rate from $11.76 to $10.52 which would save the average tax payer $280.00 and it would cost the average commercial property $1600.00 to $1800.00. Councillor Robert Salvatelli said that his concern is with the increase in personal property tax if the tax rate was shifted. Christopher Paquette, Economic Development Coordinator said that there is a small company who was moving out of Leominster looking for five acres of land. He said that there are only two people in the city who have that type of acreage to sell. He said one of them is tied up in litigation and one probably will not sell. Mr. Paquette said that these people are either doing a build to lease or waiting for the larger companies that will pay over $250,000.00 which a Mom and Pop company cannot do. Kenneth Gurge, 81 Causeway Terrace spoke in support of the Factor of One. He said that based on his twenty years experience in Massachusetts Property Taxes, the split rate is a mistake. He said that that split rates work where businesses have to be, inside the Route 128 area. Mr. Gurge said the other place they work is where rents are fairly high. John Clementi, President of Plastican, 196 Industrial Road spoke in favor of the factor of one. He said that the steady and dependable way the city has assessed taxes is appreciated in the business community. Edward Gagne, 29 North Meadowpond Road spoke in favor of the factor of one. He said that those people who are fifty-five and over are benefiting from the increase in the value of our homes. He said that when we sell our homes we are no longer paying taxes on the sale and therefore are realizing bigger profits from the sales. Daniel McCarty, 102 Old Tavern Road spoke in support of the factor of one. He said that the single tax rate is important when selling our community to a business. Tim Norton, 4 Dartmouth Street spoke in favor of the single tax rate. He said it is an advantage when selling Industrial and Commercial real estate. HEARING BEFORE THE CITY COUNCIL, NOVEMBER 22, 2004 David McKeon, President of the North Central Massachusetts Chamber of Commerce spoke in support of the factor of one. He said there are one hundred small businesses that would be effected by a split tax rate. Robert Beland, 50 Blossom St. spoke in support of the factor of one. HEARING ADJOURNED: 9:15 P.M. Ann B. Mahan, City Clerk and Clerk of the City Council REGULAR MEETING OF THE CITY COUNCIL, November 22, 2004 Meeting called to order at 8:00 P.M. Attendance was taken by a roll call vote; all members present except Councillor Rosa. The Committee on Records reported that the records were examined through October 12, 2004 and found to be in order. The records were accepted A recess was called at 8:02 P.M. to continue the public hearing and hold a public forum. Meeting reconvened at 9:36 P.M. The following COMMUNICATIONS were received, referred to the FINANCE COMMITTEE and given REGULAR COURSE. C-63 Relative to the appropriation of $5,000.00 to the City Council Expense Account; same to be transferred from the Excess and Deficiency Account. C-64 Relative to the appropriation of $7,500.00 to the Department of Public Works Sewer and Drainage Account; same to be transferred from the Excess and Deficiency Account. C-65 Relative to the appropriation of $12,450.00 to the Emergency Management Agency Expense Account; same to be transferred from the Excess and Deficiency Account. The following COMMUNICATION was received, referred to the LEGAL AFAIRS COMMITTEE and given REGULAR COURSE. C-66 Dean J. Mazzarella, Mayor: Request that the City Council endorse a petition amending Chapter 22 of the Revised Ordinances entitled Zoning by adding “No Zoning Ordinance shall be adopted or amended without notification to residents affected by said adoption or amendment. Notification of hearing shall be sent by mail, postage prepaid, to any such owner of record whose property lies in the district where the change is sought.” The following COMMUNICATION was received, referred to the CITY PROPERTY COMMITTEE and given REGULAR COURSE. C-67 Dean J. Mazzarella, Mayor: Declare the property owned by the City of Leominster located on Jungle Road, Assessors Map 304, Lot 2, be declared surplus and made available for sale according to M.G.L. Chapter 30B, Section 16. The following PETITIONS were received, referred to the LEGAL AFFAIRS COMMITTEE, given REGUALR COURSE and referred to the Board of Health , the Fire Department, the Conservation Commission, the Director of Inspector and the Planning Board. 38-05 Walter Sterling, Fire Protection Consultant for The Home Depot: Amend the license to store 36,682 gallons of flammable and combustible liquids, and aerosols and 14,618 cubic feet of flammable gases at 135 Commercial Road. 39-05 Daniel J. McCarty, McCarty Associates Inc. for CAMCO Manufacturing Inc.: Amend the license to store a total of 560,000 gallons of above ground flammable liquids at 163 Pioneer Drive. The following PETITION was received, referred to the LEGAL AFFAIRS COMMITTEE, given REGULAR COURSE and referred to the Planning Board, the Mayor and the Zoning Board of Appeals. 40-05 Edward Cataldo and Ten Registered Voters: Amend Article I of the Revised Ordinances, Section 22-12/12.5 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 by the Board of Appeals an existing building in an Industrial or Commercial District to be used for other uses listed in Article II Section 22-26 as being permitted as of right or by Special Permit. REGULAR MEETING OF THE CITY COUNCIL, November 22, 2004, continued The following PETITION was received, referred to the WAYS & MEANS COMMITTEE, given REGULAR COURSE and referred to the Personnel Director. 41-05 David E. Rowlands and Robert Salvatelli: Increase the salary of the Mayor by $10,000.00 effective January 1, 2006, $10,000.00 effective January 1, 2007 and $5,000.00 effective January 1, 2009, and on an annual basis thereafter, a percentage increase of the Mayoral Salary will be based on the annual consumer price index (CPI- U) of the previous calendar year, with a minimum of no increase and a maximum increase of 5%. Upon request of the FINANCE COMMITTEE, the following COMMUNICATION was given FURTHER TIME. Vt. 8 “yeas” 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 COMMUNICATION was DENIED. Vt. 8 “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 FINANCE COMMITTEE, the following COMMUNICATION was GRANTED and ORDERED. Vt. 8 “yeas” 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. ORDERED:- that the sum of Twenty Three Thousand One Hundred and Seven Dollars ($23,107.00) be appropriated to the Retirement System Expense Account; same to be transferred from the Excess and Deficiency Account. Upon recommendation of the FINANCE COMMITTEE, the following COMMUNICATION was GRANTED and ORDERED. Vt. 5 “yeas” and 3 “nays”; Councillors Dombrowski, Freda and Nickel opposed. 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. ORDERED:- that the sum of Thirty Five Thousand Eight Hundred Seventy Nine Dollars($35,879.00) be appropriated to the Cemetery Capital Outlay Expense Account; same to be transferred from the Cemetery Perpetual Care Income Account. Upon recommendation of the FINANCE COMMITTEE, the following COMMUNICATIONS were GRANTED and ORDERED. Vt. 8 “yeas” 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. ORDERED: that the sum of Twenty Eight Thousand One Hundred ($28,100.00) be appropriated 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. ORDERED:- that the sum of One Thousand One Hundred ($1,100.00) be appropriated to the Health Department Salary and Wages Account; same to be transferred from the Health Department Salary & Wages Account. Upon recommendation of the FINANCE COMMITTEE, the following COMMUNICATION was GRANTED and ORDERED. Vt. 8 “yeas”. A motion to amend to $8,51.66 was denied. Vt. 4 “yeas” and 4 “nays”; Councillors Freda, Marchand Lanciani and John Salvatelli opposed. 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. ORDERED:- that the sum of One Thousand Dollars ($1,000.00) be appropriated to the Emergency Management Expense Account; same to be transferred from the Excess and Deficiency Account. Upon recommendation of the FINANCE COMMITTEE, the following COMMUNICATIONS were GRANTED and ORDERED. Vt. 8 “yeas” 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. ORDERED:- that the sum of Ten Thousand Dollars ($10,000.00) be appropriated to the Fire Department Expense Account; same to be transferred from the Excess and Deficiency Account. REGULAR MEETING OF THE CITY COUNCIL, November 22, 2004, continued 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. ORDERED:- that the sum of Five Thousand Five Hundred Dollars ($5,500.00) to the Police Anti-Drug Task Force Expense Account; same to be transferred from the Excess and Deficiency Account. Upon recommendation of the Clerk of the FINANCE COMMITTEE the following COMMUNICATION was GRANTED. Vt. 7 “yeas” and 1 “nay”; Councillor Rowlands opposed. A recommendation from the 3rd member of the Finance Committee for a dual tax rate was defeated. 7 “nays” and 1 “yea”; Councillor Rowlands voting yea. C-62 Dean J. Mazzarella, Mayor: Relative to determining the factor to be used in setting the Fiscal Year 2005 tax rate. Granted to adopt a Factor of one. Upon request of the FINANCE COMMITTEE, the following PETITION was given FURTHER TIME. Vt. 8/0 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. Upon recommendation of the PUBLIC SERVICE COMMITTEE, the following PETITION was TABLED FOR STUDY. Vt. 8/0 31-05 Robert Salvatelli: Accept Tisdale Avenue as a public way. Upon request of the PUBLIC SERVICE COMMITTEE, the following PETITION was given FURTHER TIME. Vt. 8/0 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. Upon recommendation of the PUBLIC SERVICE COMMITTEE, the following PETITION was given LEAVE TO WITHDRAW. Vt. 8/0 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. Upon recommendation of the LEGAL AFFAIRS COMMITTEE, the following COMMUNICATON was GRANTED. Vt. 7/0; Councillor Marchand abstained due to a possible conflict of interest. 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. Upon request of the LEGAL AFFAIRS COMMITTEE, the following COMMUNICATION was TABLED FOR STUDY. Vt. 8/0 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. Upon recommendation of the LEGAL AFFAIRS COMMITTEE, the following PETITION was GRANTED with the condition that the City Council receives a copy of the Over 55 deed restriction. Vt. 7 “yeas”; 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 WAYS & MEANS COMMITTEE, the following APPOINTMENT was CONFIRMED. Vt. 8/0 Rosemary Bracani – Cable Advisory Board – term to expire April 15, 2005 (to fill the unexpired term of Cedric Arno) REGULAR MEETING OF THE CITY COUNCIL, November 22, 2004, continued The following ORDINANCE was read a second time, AMENDED Vt. 8 “yeas”; ADOPTED as AMENDED and passed to be ordained. Vt. 8 “yeas” The City of Leominster In the year Two Thousand and Four An Ordinance Amending Chapter 21 of the Revised Ordinances entitled “Water and Sewer.” Be it ordained by the City Council of the City of Leominster, as following: Chapter 21 of the Revised Ordinances entitled “Water and Sewer” is hereby amended by deleting the table contained in Section 21-22.4(b) in its entirety and inserting in its place the following: 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 $3,001 - $11,000 10,001 gpd + over $11,000.00 plus .50/gal $11,000.50 and over Upon request of the LEGAL AFFAIRS COMMITTEE, the following ORDINANCE was TABLED FOR STUDY. Vt. 8 “yeas” 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. The following ORDINANCES were read a second time, ADOPTED as presented and passed to be ordained. Vt. 8 “yeas” The City of Leominster In the year Two Thousand and Four An Ordinance To increase hourly scales of pay for W-1 through W-6 by: Effective 7/1/2003 by 2.0% (Maximum Column Only) Effective 7/1/2004 by 2.5% Effective 7/1/2005 by 3% Be it ordained by the City Council of Leominster as follows: Amend Section 16-30 by deleting schedule W: In its entirety and inserting in its place therein, the following: (b) (1) SCHEDULE W – EFFECTIVE JULY 1, 2003 – HOURLY SCALES OF PAY FOR UNSKILLED, SEMI- SKILLED AND SKILLED LABOR POSITIONS IN THE SERVICE OF THE CITY: Minimum Step 1 Step 2 Step 3 Step 4 Maximum W-1 11.39 11.73 12.02 12.26 12.62 12.87 W-2 12.46 12,89 13.30 13.63 14.07 14.35 W-3 13.48 13.93 14.27 14.74 15.19 15.49 W-4 14.42 14.87 15.33 15.86 16.31 16.64 W-5 15.28 15.77 16.26 16.78 17.20 17.54 W-6 19.52 20.42 21.30 22.14 22.58 (b) (2) SCHEDULE W – EFFECTIVE JULY 1, 2004 – HOURLY SCALES OF PAY FOR UNSKILLED AND SKILLED LABOR POSITIONS IN THE SERVICE OF THE CITY: Minimum Step 1 Step 2 Step 3 Step 4 Maximum W-1 11.67 12.02 12.32 12.57 12.94 13.19 W-2 12.77 13.21 13.63 13.97 14.42 14.71 W-3 13.82 14.28 14.63 15.11 15.57 15.88 W-4 14.78 15.24 15.71 16.26 16.72 17.06 W-5 15.66 16.16 16.67 17.20 17.63 17.98  W-6 20.01 20.93 21.83 22.69 23.14 REGULAR MEETING OF THE CITY COUNCIL, November 22, 2004, continued (b) (3) SCHEDULE W – EFFECTIVE JULY 1, 2005 – HOURLY SCALES OF PAY FOR UNSKILLED, SEMI- SKILLED AND SKILLED LABOR POSITIONS IN THE SERVICE OF THE CITY: Minimum Step 1 Step 2 Step 3 Step 4 Maximum W-1 12.02 12.38 12.69 12.95 13.33 13.59 W-2 13.15 13.61 14.04 14.39 14.85 15.15 W-3 14.23 14.71 15.07 15.56 16.04 16.36 W-4 15.22 15.70 16.18 16.75 17.22 17.57 W-5 16.13 16.64 17.17 17.72 18.16 18.52 W-6 20.61 21.56 22.48 23.37 23.83 The City of Leominster In the year Two Thousand and Four An Ordinance To increase Schedule F. Scales of pay for maximum fire positions only by 2% in the service of the city. Be it ordained by the city Council of Leominster as follows: Amend Section 16-30 by deleting schedule (2) (A): In its entirety and inserting in its place therein, the following: (2) (A) SCHEDULES – LEOMINSTER FIRE DEPARTMENT SALARIES EFFECTIVE JULY 1, 2003 – SCALES OF PAY FOR F-1 THRU F-5 IN THE SERVICE OF THE CITY OF LEOMINSTER, MASSACHUSETTS. Minimum Step 2 Step 3 Maximum F-1 Yearly Weekly Yearly Weekly Yearly Weekly Yearly Weekly FF $38,285.19 $723.23 $40,256.13 $769.92 $42,215.58 $807.40 $43,059.89 $823.54 EMT 39,867.72 762.49 41,861.87 800.63 43,797.75 837.66 44,673.70 854.41 EMT-D 40,363.68 771.98 43,334.80 809.68 44,294.05 847.15 45,179.93 864.09 EMT-HMOC 40,289.87 770.57 42,260.80 808.26 44,220.25 845.74 45,104.65 862.65 EMT-D/HMOC40,785.82 780.05 42,756.79 817.75 44,716.22 855.22 45,610.54 872.33 EMT/HMTC 40,712.02 778.64 42,682.97 816.34 44,642.38 853.81 45,535.22 870.89 EMT-D/HMTC 41,208.01 788.13 43,178.94 825.82 45,138.36 863.30 46,041.12 880.56 F-3 MM 51,830.63 991.29 MM/HMOC 52,261.23 999.53 MM/HMTC 52,783.83 1,009.52 LT 51,830.63 991.29 EMT 53,444.80 1,022.16 EMT-D 53,950.71 1,031.84 EMT/HMOC 53,875.39 1,030.40 EMT-D/HMOC 54,381.27 1,040.07 EMT-HMTC 54,305.99 1,038.63 EMT-D/HMTC 54,811.87 1,048.31 F-4 DC 58,661.48 1,121.94 EMT 60,275.62 1,152.81 EMT-D 60,781.53 1,162.48 EMT/HMOC 60,706.24 1,161.04 EMT-D/HMOC 61,212.12 1,170.72 EMT/HMTC 61,136.92 1,169.28 EMT-D/HMTC 61.642.72 1,178.95 F-5 CHIEF 86,119.78 1,647.09 To increase Schedule F. Scales of pay for maximum fire positions only by 2.5% EFECTIVE 7-1-2004. Scales of pay for fire positions in the service of the city. Be it ordained by the City Council of Leominster as follows: Amend Section 16-30 by deleting schedule (2) (B):  In its entirety and inserting in its place therein, the following: REGULAR MEETING OF THE CITY COUNCIL, November 22, 2004, continued (2) (B) SCHEDULES – LEOMINSTER FIRE DEPARTMENT SALARIES EFFECTIVE JULY 1, 2004 – SCALES OF PAY FOR F-1 THRU F-5 IN THE SERVICE OF THE CITY OF LEOMINSTER, MASSACHUSETTS. Minimum Step 2 Step 3 Maximum F-1 Yearly Weekly Yearly Weekly Yearly Weekly Yearly Weekly FF $39,242.31 $752.59 $41,262.53 $791.33 $43,270.96 $829.85 $44,136.38 $846.45 EMT 40,864.41 783.70 42,908.41 822.90 44,892.69 860.95 45,790.54 878.17 EMT-D 41,372.77 793.45 43,393.17 832.19 45,401.40 870.71 46,309.42 888.12 EMT-HMOC 41,297.11 791.99 43,317.32 830.74 45,325.75 869.26 46,232.26 886.64 EMT-D/HMOC41,805.46 801.74 43,825.70 840.49 45,834.12 879.01 46,750.80 896.59 EMT/HMTC 41,729.82 880.29 43,750.04 839.04 45,758.43 877.55 46,673.60 895.11 EMT-D/HMTC 42,238.21 810.04 44,258.41 848.79 46,266.81 887.30 47,192.14 905.05 F-3 MM 53,126.39 1,018.86 MM/HMOC 53,567.76 1,027.32 MM/HMTC 54,103.42 1,037.59 LT 53,126.39 1,018.86 EMT 54,780.92 1,050.59 EMT-D 55,299.47 1,060.53 EMT/HMOC 55,222.27 1,059.05 EMT-D/HMOC 55,740.80 1,069.00 EMT-HMTC 55,663.63 1,067.52 EMT-D/HMTC 56,182.16 1,077.46 F-4 DC 60,128.01 1,153.14 EMT 61,782.51 1,184.87 EMT-D 62,301.06 1,194.81 EMT/HMOC 62,223.89 1,193.33 EMT-D/HMOC 62,742.42 1,203.27 EMT/HMTC 62,665.34 1,201.80 EMT-D/HMTC 63,183.78 1,211.74 F-5 CHIEF 88,272.76 1,692.90 To increase Schedule F. Scales of pay for maximum fire positions only by 3% effective 7-1-2005. Scales of pay for fire positions in the service of the city. Be it ordained by the city Council of Leominster as follows: Amend Section 16-30 by deleting schedule (2) (C): In its entirety and inserting in its place therein, the following: (2) ( C) SCHEDULES – LEOMINSTER FIRE DEPARTMENT SALARIES EFFECTIVE JULY 1, 2005 – SCALES OF PAY FOR F-1 THRU F-5 IN THE SERVICE OF THE CITY OF LEOMINSTER, MASSACHUSETTS. Minimum Step 2 Step 3 Maximum F-1 Yearly Weekly Yearly Weekly Yearly Weekly Yearly Weekly FF $40,419.57 $775.15 $42,500.40 $815.07 $44,569.08 $854.74 $45,460.47 $871.84 EMT 40,090.34 807.21 44,195.66 847.58 46,239.47 886.78 47,164.25 904.51 EMT-D 42,613.95 817.25 44,694.96 857.16 46,763.44 896.83 47,698.70 914.76 EMT-HMOC 42,536.02 815.75 44,616.83 855.66 46,685.52 895.33 47,619.22 913.24 EMT-D/HMOC43,059.62 825.80 45,140.47 865.70 47,209.14 905.38 48,153.32 923.48 EMT/HMTC 42,981.71 824.30 45,062.54 864.21 47,131.18 903.88 48,073.80 921.96 EMT-D/HMTC 43,505.35 834.34 45,586.16 874.25 47,654.81 913.92 48,607.90 932.20 F-3 MM 54,720.18 1,049.42 MM/HMOC 55,174.79 1,058.14 MM/HMTC 55,726.52 1,068.72 LT 54,720.18 1,049.42 EMT 56,424.34 1,082.11 EMT-D 56,958.45 1,092.35 EMT/HMOC 56,878.93 1,090.82 EMT-D/HMOC 57,413.02 1,101.07 EMT-HMTC 57,333.53 1,099.54 EMT-D/HMTC 57,867.62 1,109.79 REGULAR MEETING OF THE CITY COUNCIL, November 22, 2004, continued F-4 DC 61,931.85 1,187.73 EMT 63,635.98 1,220.41 EMT-D 64,170.09 1,230.65 EMT/HMOC 64,090.60 1,229.13 EMT-D/HMOC 64,624.69 1,239.37 EMT/HMTC 64,545.30 1,237.85 EMT-D/HMTC 65,079.29 1,248.09 F-5 CHIEF 90,920.94 1,743.68 The City of Leominster In the year Two Thousand and Four An Ordinance To increase salaries & wages of S-1 thru S-10 salaried positions by 2% effective 7-1-2003 (Maximum column only) To increase salaries & wages of S-1 thru S-10 positions by 2.5% effective 7-1-2004. To increase salaries & wages of S-1 thru S-10 positions by 3% effective 7-1-2005. Be it ordained by the City Council of Leominster as follows: Amend Section 16-30 by deleting schedule (a): in its entirety and inserting in its place therein, the following: (a) (1) SCHEDULES – EFFECTIVE JULY 1, 2003 – SCALES OF PAY FOR SALARIED POSITIONS IN THE SERVICE OF THE CITY OF LEOMINSTER, MASSACHUSETTS MIN 2 3 MID 4 5 6 MAX S-1 20,303 21,117 21,962 22,841 23,754 24,706 25,693 26,207 S-2 22,742 23,651 24,599 25,581 26,603 27,668 28,776 29,352 S-3 25,469 26,490 27,548 28,652 29,797 30,990 32,229 32,874 S-4 28,527 29,669 30,857 32,088 33,373 34,708 36,095 36,817 S-5 31,952 33,230 34,556 35,940 37,376 38,872 40,427 41,236 S-6 35,784 37,215 38,706 40,251 41,862 43,537 45,279 46,185 S-7 40,078 41,682 43,349 45,085 46,887 48,762 50,711 51,725 S-8 44,887 46,683 48,550 50,495 52,514 54,612 56,797 57,933 S-9 50,274 52,284 54,377 56,550 58,815 61,167 63,612 64,884 S-10 56,200 58,559 60,902 63,338 65,872 68,505 71,246 72,671 (b) (1) SCHEDULES – EFFECTIVE JULY 1, 2004 – SCALES OF PAY FOR SALARIED POSITIONS IN THE SERVICE OF THE CITY OF LEOMINSTER, MASSACHUSETTS. S-1 20,811 21,645 22,511 23,412 24,348 25,324 26,335 26,862 S-2 23,311 24,242 25,214 26,221 27,268 28,360 29,495 30,086 S-3 26,106 27,152 28,237 29,368 30,542 31,765 33,035 33,696 S-4 29,241 30,411 31,628 32,890 34,207 35,576 36,997 37,737 S-5 32,751 34,061 35,420 36,839 38,310 39,844 41,438 42,267 S-6 36,679 38,145 39,674 41,257 42,909 44,625 46,411 47,340 S-7 41,080 42,724 44,433 46,212 48,059 49,981 51,979 53,018 S-8 46,009 47,850 49,764 51,757 53,827 55,977 58,217 59,381 S-9 51,531 53,591 55,736 57,964 60,285 62,696 65,202 66,506 S-10 57,605 60,023 62,425 64,921 67,519 70,218 73,027 74,488 (c ) (1) SCHEDULES – EFFECTIVE JULY 1, 2005 – SCALES OF PAY FOR SALARIED POSITIONS IN THE SERVICE OF THE CITY OF LEOMINSTER, MASSACHUSETTS S-1 21,435 22,294 23,186 24,114 25,078 26,084 27,125 27,668 S-2 24,010 24,969 25,970 27,008 28,086 29,211 30,380 30,989 S-3 26,889 27,967 29,084 30,249 31,458 32,718 34,026 34,707 S-4 30,118 31,323 32,577 33,877 35,233 36,643 38,107 38,869 S-5 33,734 35,083 36,483 37,944 39,459 41,039 42,681 43,535 S-6 37,779 39,289 40,864 42,495 44,196 45,964 47,803 48,760 S-7 42,312 44,006 45,766 47,598 49,501 51,480 53,538 54,609  S-8 47,389 49,286 51,257 53,310 55,442 57,656 59,964 61,162 S-9 53,077 55,199 57,408 59,703 62,094 64,577 67,158 68,501 S-10 59,333 61,824 64,298 66,869 69,545 72,325 75,218 76,723 REGULAR MEETING OF THE CITY COUNCIL, November 22, 2004, continued The City of Leominster In the year Two Thousand and Four An Ordinance To increase longevity for certain employees and employees entitled to four or more weeks vacation in a calendar year may buy back up to five days vacation time. Be it ordained by the City Council of the City of Leominster, as follows: Amend Section 16-33 Longevity by deleting in its entirety and inserting in place therein, the following new section (effective 7/1/2003): Section 16-33 Longevity (on regular compensation). (a) (1) In addition to the basic annual salaries on Schedule S, the following longevity schedule payments shall be added in accordance with the length of permanent full-time service performed for the city, including service in any lower grades: After five years, one hundred thirty dollars per year. After ten years, two hundred sixty dollars per year. After fifteen years, seven hundred dollars per year. After twenty years, one thousand two hundred dollars per year. After twenty-five years, one thousand five hundred dollars per year. Beginning with the twenty sixth year an additional twenty five dollars per year. Section 16-13 of the revised Ordinances entitled “Vacations” is hereby added to as follows (effective 7/1/2004): (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 City of Leominster In the year two thousand and four An Ordinance Amending Chapter 4 of the Revised Ordinances entitled “Buildings”. Be it ordained by the City Council of the City of Leominster as follows: 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 City of Leominster In the year two thousand and four An Ordinance Amending Chapter 12 of the Revised Ordinances entitled “Licenses.” Be it ordained by the City Council of the City of Leominster as follows: 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 REGULAR MEETING OF THE CITY COUNCIL, November 22, 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 13-77 of the Revised Ordinances entitled “Stop Signs” is hereby amended by inserting “Prospect Terrace, against southbound drivers at Prospect Street.” The City of Leominster In the year two thousand and four An Ordinance Amending Chapter 22 of the Revised Ordinances entitled “Zoning.” Be it ordained by the City Council of the City of Leominster as follows: Chapter 22 of the Revised Ordinances entitled “Zoning” is hereby amended in Section 22-26, “Table of Uses”, by inserting the following entry under “Business Uses”: RRA RAA RB RC BA BB C I Marshall Arts Studio/School N N N N SPBA Y Y N The City of Leominster In the year two thousand and four An Ordinance Amending Chapter 16 of the Revised Ordinances entitled “Classification of Positions.” Be it ordained by the City Council of the City of Leominster as follows: Chapter 16, Section 16-34 of the Revised Ordinances entitled “Classification of Positions” is hereby amended by changing the following classification: Director of Inspections - from S-9 to S-10 REGULAR MEETING OF THE CITY COUNCIL, November 22, 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 13-77 of the Revised Ordinances entitled “Stop Signs” is hereby amended by inserting the following: Buono Avenue, against northbound drivers at North Main Street. Dettling Avenue, against northbound drivers at North Main Street. Westland Avenue, against northbound drivers at North Main Street. Councillor Salvatelli, Chair of the WAYS & MEANS COMMITTEE, moved that the following PETITION be removed from table and placed on the calendar for action. It was so voted. Vt. 8/0. Committees report as follows: 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. LEAVE TO WITHDRAW; Vt. 8/0 MEETING ADJOURNED: 11:38 P.M. Ann B. Mahan, City Clerk and Clerk of the City Council