City Council

HEARING BEFORE THE CITY COUNCIL, FEBRUARY 14, 2005 Hearing opened at 7:30 P.M. with Councillor Nickel, Chair of the Public Service Committee presiding. All members were present. The following PETITION was the subject of the hearing. 52-05 Massachusetts Electric Company and Verizon New England Inc.: Union Street; Relocate one jointly owned pole on Union Street at a point approximately 120 feet north of the centerline of the intersection of Tisdale Street and continuing approximately 5 feet in a southerly direction. Iris Price, representing Massachusetts Electric spoke in support. Jim Marsh, 209 Union Street spoke in opposition. He said he is concerned that the pole will be placed in front of his stairs. Councillor Nickel said he would meet with Ms. Price and Mr. Marsh after the hearing and go over the maps. He said if necessary he will recommend that the petition be given further time until he can do a site visit. HEARING ADJOURNED: 7:34 P.M. Ann B. Mahan, City Clerk and Clerk of the City Council HEARING BEFORE THE CITY COUNCIL, FEBRUARY 14, 2005 Hearing opened at 7:36 P.M. with Councillor Marchand, Chair of the Legal Affairs Committee presiding. All members were present; except Councillor Nickel. The following ORDINANCE was the subject of the hearing. Relative to amending Chapter 12, Section 12-2 of the Revised Ordinances entitled “Fees-Schedule” by amending paragraph 55 (“Zoning petitions, filing fee”), paragraph 56 (“Floodplain permits, filing fee”) and paragraph 58 (“City Council special permits, filing fee”) from $75.00 to $200.00. Councillor Lanciani spoke in support. No one spoke in opposition. HEARING ADJOURNED: 7:38 P.M. Ann B. Mahan, City Clerk and Clerk of the City Council HEARING BEFORE THE CITY COUNCIL, FEBRUARY 14, 2005 Hearing opened at 7:38 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 “Cross Street (both sides) from 11 to 17 Cross Street.” No one spoke in support or opposition. No Councillors spoke. HEARING ADJOURNED: 7:39 P.M. Ann B. Mahan, City Clerk and Clerk of the City Council REGULAR MEETING OF THE CITY COUNCIL, FEBRUARY 14, 2005 Meeting called to order at 8:00 P.M. Attendance was taken by a roll call vote; all members present. The Committee on Records reported that the records were examined through January 24, 2005 and found to be in order. The records were accepted. A recess was called at 8:02 P.M. to hold a public forum. Councillor Freda presented Fallbrook School with a certificate recognizing the children on their successful fundraising for tsunami victims. Meeting reconvened at 8:10 P.M. The following COMMUNICATIONS were received, referred to the FINANCE COMMITTEE and given REGULAR COURSE. C-92 Relative to the appropriation of $2,500.00 to the Building Department Expense Account; same to be transferred from the Excess and Deficiency Account. C-93 Relative to the appropriation of $29,500.00 to the Police Department Expense Account; same to be transferred from the Excess and Deficiency Account. C-94 Relative to the appropriation of $50,000.00 to the Fire Department Overtime Account; same to be transferred from the Excess and Deficiency Account. C-95 Relative to the appropriation of $6,000.00 to the Wire Department Overtime Account; same to be transferred from the Emergency Reserve Account. C-96 Relative to the appropriation of $4,000.00 to the Doyle Field Expense Account; same to be transferred from the Excess and Deficiency Account. C-97 Relative to the appropriation of $2,000.00 to the Gallagher Building Salary and Wages Account; same to be transferred from the Gallagher Building Revolving Fund. C-98 Relative to the appropriation of $25,000.00 to the City Solicitor Expense Account; same to be transferred from the Emergency Reserve Account. C-99 Relative to the appropriation of $20,000.00 to the Police & Fire Indemnification Expense Account; same to be transferred from the Insurance Expense Account. C-100 Relative to the appropriation of $4,144.00 to the Highway Expense Account; same to be transferred from the Excess and Deficiency Account. The following COMMUNICATIONS were received with an Emergency Preamble and referred to the FINANCE COMMITTEE. Vt. 9 “yeas” Upon recommendation of the FINANCE COMMITTEE the following COMMUNICATIONS were GRANTED and ORDERED. Vt. 9 “yeas”. C-101 Relative to the appropriation of $40,000.00 to the Snow and Ice Expense Overtime Account; same to be transferred from the Excess and Deficiency Account. ORDERED:- that the sum of Forty Thousand Dollars ($40,000.00) be appropriated to the Snow and Ice Expense Overtime Account; same to be transferred from the Excess and Deficiency Account. C-102 Relative to the appropriation of $260,000.00 to the Snow and Ice Expense Account; same to be transferred from the Excess and Deficiency Account. ORDERED:- that the sum of Two Hundred Sixty Thousand Dollars ($260,000.00) be appropriated to the Snow and Ice Expense Account; same to be transferred from the Excess and Deficiency Account. The following PETITION was received, referred to the LEGAL AFFAIRS COMMITTEE, given REGULAR COURSE and referred to the Planning Board and the Traffic Department. 54-05 Hee Man Chie and Julia Chie: Extend the Commercial zoning area at the corner of Nelson and North Main Street to include 29 Nelson Street currently zoned Residence B, as shown on Assessors Map 195, lot 13. The following PETITION was received, referred to the LEGAL AFFAIRS COMMITTEE, given REGULAR COURSE and referred to the Planning Board, the Health Department, the Department of Public Works, the Fire Department, the Police Department, the Conservation Commission and the Building Inspector. 55-05 Leominster Development Corporation, Eugene J. Capoccia, President: Grant a Special Permit to construct a 14 unit townhouse community on Adams Street, as shown on Assessor’s Map 2 as lot 19, located in a flood plain district. The following PETITION was received, referred to the LEGAL AFFAIRS COMMITTEE, given REGULAR COURSE and referred to the Building Inspector, the Mayor, the City Solicitor and the Planning Department. REGULAR MEETING OF THE CITY COUNCIL, FEBRUARY 14, 2005, continued 56-05 Ten Registered Voters, submitted by James Whitney: Amend Chapter 22, Article II, Section 22-16 of the Revised Zoning Ordinances entitled “Generally Permitted Uses” by adding new subsections (1) 16.9.1, in an Industrial or Commercial district the City Council may grant a Special Permit allowing the re-use of an existing building for a use not otherwise permitted in the district in which the building is located. The new use is one listed in Article II Section 22-26 as being permitted as of right or as being allowed subject to a Special Permit requirement in a Residence, Business, Commercial or Industrial district, exclusive of Adult Entertainment uses; (2) 16.9.2 the City Council shall find that the proposed reuse will not be substantially more detrimental to the neighborhood than the prior use and such permits may also impose conditions, safeguards and limitations on time or use. (3) 16.9.3 in granting a Special Permit to a specific business or use it will be exclusive to that business. All other businesses must apply for a Special Permit exclusive to such new use or business. The following PETITION was received, referred to the WAYS & MEANS COMMITTEE, given REGULAR COURSE and referred to the City Clerk and the Treasurer. 57-05 Kathleen A. Violette: Grant a transient vendors license for the sale of plants and flowers from March 23, 2005 through May 15, 2005. 58-05 William Plant: Renew license for one pool table at J.C. Fenwicks Co., 37 Mechanic Street. The following APPOINTMENTS were received, referred to the WAYS & MEANS COMMITTEE and given REGULAR COURSE. Board of Registrars – Ann B. Mahan –term to expire April 15, 2007 (appointment to take effect June 1, 2005, filling the unexpired term of Basil Altobelli) Prospective Police Officer Candidates – Kevin Anderson, Elvin Vasquez, Ryan Morrell, Jared Phillips, Matthew Davidson, Thomas Amato. Emergency Management Agency – Jocelyn A. Hearnshaw and Alfred W. Staal. Water and Sewer Commission – Ricky Melanson – term to expire April 15, 2006 (to fill the unexpired term of Rene Garneau) Upon recommendation of the FINANCE COMMITTEE, the following COMMUNICATION was GRANTED and ORDERED. Vt. 9 “yeas” C-84 Relative to the appropriation of $31,000.00 to the Highway Expense Account; same to be transferred from the Excess and Deficiency Account. ORDERED: that the sum of Thirty One Thousand Dollars ($31,000.00) be appropriated to the Highway Expense Account; same to be transferred from the Excess and Deficiency Account. Upon recommendation of the FINANCE COMMITTEE, the following COMMUNICATION was RATIFIED. Vt. 9 “yeas” (Granted on January 24, 2005 as an Emergency Preamble) C-85 Relative to the appropriation of $100,000.00 to the Snow & Ice Expense Account; same to be transferred from the Excess and Deficiency Account. Upon recommendation of the FINANCE COMMITTEE, the following COMMUNICATION was GRANTED. Vt. 8 “yeas” and 1 “nay”; Council Freda opposed. Communication was ORDERED. Vt. 9 “yeas” C-86 Relative to the appropriation of $60,000.00 to the Street Resurfacing Expense Account; same to be transferred from the Highway State Aid Reserved for Appropriation Account. ORDERED:- that the sum of Sixty Thousand Dollars ($60,000.00) be appropriated to the Street Resurfacing Expense Account; same to be transferred from the Highway State Aid Reserved for Appropriation Account. Upon request of the FINANCE COMMITTEE, the following COMMUNICATION was given FURTHER TIME. Vt. 9 “yeas” C-87 Relative to the appropriation of $1,800.00 to the Conservation Commission Expense Account; same to be transferred from the Wetland Fees Reserved for Appropriation Account. Upon recommendation of the FINANCE COMMITTEE, the following COMMUNICATION was GRANTED and ORDERED. Vt. 9 “yeas” C-88 Relative to the appropriation of $2,000.00 to the Municipal Building Overtime Account; same to be transferred from the Emergency Reserve Account. ORDERED:- that the sum of Two Thousand Dollars ($2,000.00) be appropriated to the Municipal Building Overtime Account; same to be transferred from the Emergency Reserve Account. Upon recommendation of the FINANCE COMMITTEE, the following COMMUNICATION was RATIFIED. Vt. 9 “yeas” (Granted on January 24, 2005 as an Emergency Preamble) C-91 Relative to the appropriation of $23,000.00 to the Snow and Ice Expense Account; same to be transferred from the Excess and Deficiency Account. REGULAR MEETING OF THE CITY COUNCIL, FEBRUARY 14, 2005, continued Upon request of the PUBLIC SERVICE COMMITTEE the following PETITION was given FURTHER TIME. Vt. 9/0 52-05 Massachusetts Electric Company and Verizon New England Inc.: Union Street; Relocate one jointly owned pole on Union Street at a point approximately 120 feet north of the centerline of the intersection of Tisdale Street and continuing approximately 5 feet in a southerly direction. Upon request of the PUBLIC SERVICE COMMITTEE, the following COMMUNICATION was given FURTHER TIME. Vt. 9/0; A hearing was set for February 28, 2005 at 7:00 P.M. C-89 Dean J. Mazzarella, Mayor: Layout and take by eminent domain for street purposes the parcel of land containing approximately 47,247 square feet identified as “Proposed Pioneer Drive Extension” on the plan titled “Plan of Proposed Pioneer Drive Extension in Leominster, MA prepared for Pioneer Park, LLC” dated January 5, 2005 and adopt the proposed Order of Taking-Pioneer Drive Extension. Upon request of the LEGAL AFFAIRS COMMITTEE, the following PETITION was given FURTHER TIME. Vt. 9/0. A hearing was set for March 14, 2005 at 7:00 P.M. 53-05 Leominster City Council; Richard Marchand, David Rowlands, Wayne Nickel, Robert Salvatelli, John Dombrowski and Dennis Rosa: Amend the City of Leominster’s 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 CITY PROPERTY COMMITTEE, the following COMMUNICATION was given FURTHER TIME. Vt. 9/0 C-90 Dean J. Mazzarella, Mayor: Request that city owned property located on Jungle Road, shown on Assessors Map 302, Lot 1A be declared surplus and made available for sale according to Massachusetts General Laws, Chapter 30B, Section 16. Upon recommendation of the WAYS & MEANS COMMITTEE the following APPOINTMENT was CONFIRMED. A minority report for Further Time was defeated Vt. 3 “yeas” and 6 “nays”; Councillors Marchand, John Salvatelli, Rowlands, Dombrowski, Lanciani and Robert Salvatelli opposed. A majority report to Confirm was granted Vt. 6 “yeas” and 3 “nays”; Councillors Nickel, Freda and Rosa opposed. Police Sergeant – Richard J. Kinney 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 Five 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 55 (“Zoning petitions, filing fee”), paragraph 56 (“Floodplain permits, filing fee”) and paragraph 58 (“City council special permits, filing fee”) by amending the fee for each paragraph from $75.00 to $200.00. The City of Leominster In the year Two Thousand and Five An Ordinance Amending Chapter 13 of the Revised Ordinances entitled “Motor Vehicles and Traffic.” Be it ordained by the City Council of the City of Leominster as follows: Section 13-34 of the Revised Ordinances entitled “No Parking on Certain Streets” is hereby amended by inserting “Cross Street (both sides), from 11 to 17 Cross Street.” REGULAR MEETING OF THE CITY COUNCIL, FEBRUARY 14, 2005, continued Upon request of the PUBLIC SERVICE COMMITTEE, the following ORDER was given FURTHER TIME. Vt. 9/0 Order of Taking – Pioneer Drive Extension Councillor Marchand said he has been in contact with the Department of Environmental Protection regarding the restoration of Pierce Pond. He said that a condition of that special permit was that the petitioner supply bi-monthly updates. Councillor Marchand said that he has received a communication from Matt Marro, Environmental Inspector who said there are still some concerns. He said that he will be in touch with the DEP and will update the Council at the next meeting. Councillor Lanciani said that Christopher Paquette wanted him to remind the Council that the business meeting is at Jytek Park tomorrow and all Councillors should have received a communication from him. Council President Robert Salvatelli said that Michael Cooley asked that he remind the City Council that on March 29, 2005 there will be a Massachusetts tribute to Vietnam Veterans at the Leominster Lodge of Elks. He said that it has been sold out except for the two tables that have been set-aside for the City Council if they would like to purchase a ticket. Councillor Salvatelli said that at the conclusion of the dinner there would be a tribute to the end of the Vietnam era. MEETING ADJOURNED: 10:02 P.M. Ann B. Mahan, City Clerk and Clerk of the City Council