City Council

REGULAR MEETING OF THE CITY COUNCIL, January 10, 2005 Meeting called to order at 8:00 P.M. Attendance was taken by a roll call vote; all members present except Councillor Nickel. The Committee on Records reported that the records were examined through January 3, 2005 and found to be in order. The records were accepted A recess was called at 8:02P.M. to hold an interview and a public forum. Meeting reconvened at 8:16 P.M. The following COMMUNICATIONS were received, referred to the FINANCE COMMITTEE and given REGULAR COURSE. C-80 Relative to the appropriation of $8,600.00 to the Fire Department Salary and Wages Account; same to be transferred from the Emergency Reserve Account. C-81 Relative to the appropriation of $25,000.00 to the Highway Overtime Account; same to be transferred from the Excess and Deficiency Account. C-82 Relative to the appropriation of $100,000.00 to the Snow and Ice Expense Account; same to be transferred from the Excess & Deficiency Account. C-83 Relative to the appropriation of $25,000.00 to the Snow and Ice Salary and Wages Account; same to be transferred from the Excess and Deficiency Account. The following APPOINTMENT was received, referred to the WAYS & MEANS COMMITTEE and given REGULAR COURSE. An interview was scheduled for January 24, 2005 at 7:55 P.M. Seth R. Augat – Reserve Firefighter Upon recommendation of the FINANCE COMMITTEE, the following COMMUNICATIONS were GRANTED and ORDERED. Vt. 8 “yeas” C-77 Relative to the appropriation of $9,000.00 to the Highway Regular Labor Account; same to be transferred from the Excess and Deficiency Account. ORDERED:- that the sum of Nine Thousand Dollars ($9,000.00) be appropriated to the Highway Regular labor Account; same to be transferred from the Excess and Deficiency Account. Re: Funds needed to pay for vacation buy back and sick leave for Highway Department employees C-78 Relative to the appropriation of $10,000.00 to the Police Private Details Fund; 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 Police Private Details Fund; same to be transferred from the Excess and Deficiency Account. Upon recommendation of the PUBLIC SERVICE COMMITTEE, the following PETITIONS were GRANTED. Vt. 8/0 42-05 Massachusetts Electric Company: Peterson Street; Install one singularly owned pole on Peterson Street beginning at a point approximately 1913 feet southwest of the centerline of the intersection of Wachusett Street. 43-05 Massachusetts Electric Company and Verizon New England Inc.: Peterson Street; Install one jointly owned pole on Peterson Street at a point approximately 1913 feet southwest of the centerline of the intersection of Wachusett Street. Upon recommendation of the LEGAL AFFAIRS COMMITTEE, the following COMMUNICATIONS were GRANTED. Vt. 8/0 C-75 Dean J. Mazzarella, Mayor: Approve the proposed Conservation Restriction on approximately 148 acres of the former Grandview Country Club property which will prohibit any development of the property and preserve the area dedicated to wildlife habitat and water resource protection. C-79 Dean J. Mazzarella, Mayor: Request the establishment of a Summer Youth Donation Account as required by Chapter 44, Section 53A of the Massachusetts General Laws. Upon recommendation of the LEGAL AFFAIRS COMMITTEE, the following PETITION was GRANTED. Vt. 8/0 45-05 Matthew S. Marro and Patrick LaPointe: Approve a stormwater management ordinance as required by the EPA regulation regarding stormwater management that took effect March 2003 which will allow the city to control those areas not under conservation jurisdiction. REGULAR MEETING OF THE CITY COUNCIL, January 10, 2005, continued Upon request of the LEGAL AFFAIRS COMMITTEE, the following PETITION was given FURTHER TIME. Vt. 8/0 47-05 Claire Freda for Veronica Lorenzen: Place “no parking” signs on Lancaster Street from Litchfield Street to Elm Hill Ave. Upon recommendation of the LEGAL AFFAIRS COMMITTEE, the following PETITION was given LEAVE TO WITHDRAW WITHOUT PREJUDICE. Vt. 8/0 50-05 Leominster City Council: Amend the City of Leominster Zoning Ordinance Article 11, Subsection 22-24.2.5 concerning mixed-use development projects in the Industrial Districts, by deleting subsections 24.2.5.1 through 24.2.5.2 in their entirety and substituting therefore new Subsections 24.2.5.1 through 24.2.5.5. Upon request of the PUBLIC SAFETY COMMITTEE, the following PETITION was TABLED FOR STUDY. Vt. 8/0 51-05 David Rowlands and Dennis Rosa: Request a truck exclusion on Prospect Street from the intersection of Prospect Street and Route 13, east to the intersection of Prospect Street and Harvard Street; also, on Harvard Street from the intersection of Prospect Street and Harvard Street, south to the intersection of Harvard Street and Orchard Hill Park Drive. Upon recommendation of the WAYS & MEANS COMMITTEE, the following APPOINTMENTS were CONFIRMED. Vt. 8 “yeas” Richard J. Lavers Jr. – Conservation Commission – term to expire April 15, 2007 Nancy Piermarini – Registrar of Voters – April 15, 2005 (to fill the unexpired term of Sheila Rockwell) 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 Five An Ordinance Amending Chapter 22 of the Revised Ordinances entitled “Zoning” by amending the Zoning Map. 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 by changing the Leominster Zoning Map, so that parcels of land located at the southwest corner of the intersection of Adams Street and Cotton Street are changed from Industrial (I) to Residence C (RC) as shown on Assessors Map 4, as lots 1 (4.52 acres) and 2 (0.2 acres); and so that a parcel of land continuous to those parcels and westerly of Adams Street, southerly of Cotton Street, easterly of Cottage Street and northerly of Pleasant Street is changed from Business B (BB) to Residence C (RC) as shown on Assessors Map 3, as lot 14C (0.55 acres), total area to be rezoned is 5.27 acres. The following ORDINANCE was read once and adopted as presented. Vt. 6 “yeas” and 2 “nays”; Councillors John Salvatelli and Freda opposed. A hearing was set for January 24, 2005 at 7:30 P.M. 1st Reading Ordinance – amend Chapter 16, Section 16-1 of the Revised Ordinances entitled “Salary-Mayor” by deleting the second sentence and inserting in its place “Such salary shall be increased to sixty thousand dollars effective January 1, 2006; seventy thousand dollars effective January 1, 2007; and seventy-five thousand dollars effective January 1, 2008; effective January 1, 2009 and on an annual basis thereafter, a percentage increase of the mayoral salary will be established consistent with the annual consumer price index (CPI-U) of the previous calendar year, with a minimum of no increase and a maximum increase of five per cent (5%). Upon recommendation of the WAYS & MEANS COMMITTEE, the following election calendar was ADOPTED. Vt. 8/0 Preliminary Election – September 27, 2005 Municipal Election – November 8, 2005 Under New Business, Councillor Marchand made a motion to add a new mixed- use petition, which was drawn up and endorse by the Legal Affairs Committee, be placed on the next City Council Agenda. GRANTED 5/3; Councilors John Salvatelli, Freda and Lanciani opposed. Petition will be placed on the January 24, 2005 agenda. Councillor Marchand, Chair of the LEGAL AFFAIRS COMMITTEE, moved that the following COMMUNICATION be removed from table and placed on the calendar for action. It was so voted. Vt. 8/0. Committees report as follows: C-118 Dean J. Mazzarella, Mayor: Amend Chapter 13, Section 13-34 of the Revised Ordinances entitled “No parking on certain streets” to allow no parking on Pioneer Drive in a southerly direction on both east and west side sections for a distance of one thousand four hundred fifty feet. GRANTED. Vt. 8/0 REGULAR MEETING OF THE CITY COUNCIL, January 10, 2005, continued Councillor Marchand, Chair of the LEGAL AFFAIRS COMMITTEE, moved that the following PETITIONS be removed from table and placed on the calendar for action. It was so voted. Vt. 8/0. Committees report as follows: 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. LEAVE TO WITHDRAW Vt. 8 “yeas” 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. LEAVE TO WITHDRAW Vt. 8 “yeas” 88-04 Dean VivoAmore and Gary Hier: Rezone from 301 Lancaster Street to Marguerite Avenue as shown on Assessors Map 484. lots 8 & 9 from Business B to Commercial. LEAVE TO WITHDRAW Vt. 7 “yeas” and 1 “nay”; Councillor Lanciani opposed. 152-04 Richard M. Marchand: Request the endorsement of this petition by the Honorable Members of the Leominster City Council to ask the City of Leominster’s Conservation Commission to conduct an assessment identifying the value and the prioritization of privately owned land parcels located in the Watershed Protection District primarily located within the Water Supply Protection District of Haynes, Morse and Distributing Reservoirs; currently, the City of Leominster has a filtration waiver for these reservoirs issued by the Department of Environmental Protection. This effort by our Conservation Commission shall assist the City of Leominster in clearly identifying sensitive parcels of land in said district and will help foster Watershed Management for Source Water Protection for the City of Leominster. LEAVE TO WITHDRAW WITHOUT PREJUDICE Vt. 8/0 Under Old Business Council President Robert Salvatelli said that he would like to congratulate Councillor Freda on her election this weekend as the President of the Massachusetts Municipal Councillors Association. Councillor Freda said that she would like to have another report on Hawes Chapel before it reopens. She said she is aware that it is not the city Councillor jurisdiction but will become their problem if there is a lawsuit. Council President Robert Salvatelli said he thinks that should be under the jurisdiction of the City Property Committee. City Property Committee Chairman Dombrowski said that he thinks it is a good idea given what they want to do down there. Councillor Lanciani said he wants everyone to look at the letter regarding 145 Lancaster Street. He said there are four or five pieces of property that we will have to be making a decision on soon and the Mayor will be coming down to speak to us on his view of what should be done with these properties. MEETING ADJOURNED: 9:50 P.M. Ann B. Mahan, City Clerk and \ Clerk of the City Council