City Council

HEARING BEFORE THE CITY COUNCIL, OCTOBER 11, 2005 Hearing opened at 7:30 P.M. with Councillor Marchand, Chair of the Legal Affairs Committee presiding. All members present. The following ORDINANCE was the subject of the hearing. Relative to amending Chapter 13, Section 13-24.5 of the Revised Ordinances entitled “Parking Prohibitions – Towing Zone” by inserting “Main Street (west side) from Ferdinand Passway to Pine Grove Avenue.” No one in the audience spoke in support or opposition. Councillor Rowlands said that this Ordinance was to clarify parking issues on the Whalom Lake front. Councillor Rowlands said that all parties are in agreedment and now this needs to become an ordinance. HEARING ADJOURNED: 7:32 P.M. Lynn A. Bouchard, City Clerk and Clerk of the City Council HEARING BEFORE THE CITY COUNCIL, OCTOBER 11, 2005 Hearing opened at 7:35 P.M. with Councillor Marchand, Chair of the Legal Affairs Committee presiding. All members present. The following ORDINANCE was the subject of the hearing. Relative to amending Chapter 13, Section 13-24.5 of the Revised Ordinances entitled “Parking Prohibitions – Towing Zone” by deleting subsections (d), (e) and (f) in their entirety and substituting new subsections (d), (e), and (f) regarding parking on the Whalom Lakefront area of Main Street; also amend Section 13-28 entitled “Angle Parking” to allow angle parking on Main Street (east side) from Lakeside Avenue for four hundred feet in a northerly direction. No one in the audience spoke in support or opposition. No Councillors spoke. HEARING ADJOURNED: 7:37 P.M. Lynn A. Bouchard, City Clerk and Clerk of the City Council REGULAR MEETING OF THE CITY COUNCIL, OCTOBER 11, 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 September 26, 2005 and found to be in order. The records were accepted. The following COMMUNICATIONS were received, referred to the FINANCE COMMITTEE and given REGULAR COURSE. C-42 Relative to the appropriation of $13,445.00 to the Veteran Services Salary and Wages Account; same to be raised by Fiscal Year 2006 Revenue. C-43 Relative to the appropriation of $61,000.00 to the Gallagher Building Expense Account; same to be transferred from the Gallagher Building Revolving Fund. C-44 Relative to the appropriation of $40,000.00 to the Gallagher Building Salary and Wages Account; same to be transferred from the Gallagher Building Revolving Fund. C-45 Relative to the appropriation of $100,000.00 to the Emergency Management Agency Capital Outlay Expense Account; same to be raised by the Excess and Deficiency Account. C-46 Relative to the appropriation of $13,000.00 to the Highway General Expense Account; same to be transferred from the Excess and Deficiency Account. C-47 Relative to the appropriation of $1,975,000.00 to the Sewer Capital Outlay Expense Account; same to be transferred from the Department of Housing and Community Development Reimbursement Grant Account. C-48 Relative to the appropriation of $4,000.00 to the Sidewalk and Curbing Expense Account; same to be transferred from the Excess and Deficiency Account. The following Communication was received, referred to the SMALL BUSINESS & ECONOMIC DEVELOPMENT COMMITTEE and given REGULAR COURSE. C-49 Dean J. Mazzarella, Mayor and Christopher J. Paquette, Economic Development Coordinator: Approve the creation of the Hamilton Street Economic Opportunity Area and the Florence Street Economic Opportunity Area under the Economic Development Incentive Program. The following PETITION was received, referred to the PUBLIC SERVICE COMMITTEE, and given REGULAR COURSE. A hearing was set for October 24, 2005 at 7:30 P.M. Vt. 9/0 23-06 Massachusetts Electric Company and Verizon New England, Inc.: Sunrise Avenue: Install one jointly owned pole on Sunrise Avenue beginning at a point approximately 26 feet southeast of the centerline of the intersection of Lancy Way. REGULAR MEETING BEFORE THE CITY COUNCIL OCTOBER 11, 2005, continued. The following PETITION was received, referred to the PUBLIC SERVICE COMMITTEE, and given REGULAR COURSE. A hearing was set for October 24, 2005 at 7:35 P.M. Vt. 9/0 24-06 Massachusetts Electric Company: Pioneer Drive: Install seven (7) solely owned poles on Pioneer Drive beginning at a point approximately 40 feet west of the centerline of the intersection of Orchard Hill Park Drive and continuing approximately 795 feet in a northeasterly direction. The following PETITION was received, referred to the LEGAL AFFAIRS COMMITTEE and given REGULAR COURSE. 25-06 David Rowlands: Place a stop sign on Flaggler Road at the intersection of Flaggler Road and Day Street. The following PETITION was received, referred to the LEGAL AFFAIRS COMMITTEE given REGULAR COURSE and referred to the Building Inpsector, Conservation Commission, Planning Department, Department of Public Works, Health Department, Fire Department and Treasurer. A Hearing was set for November 14, 2005 at 7:15 P.M. Vt. 9/0. 26-06 Randy Bigelow, 375 Harvard Realty LLC: Grant a Special Permit to use 12,800 square feet of an existing building, located at 375 Harvard Street, shown on Assessor’s Map 370 as lot 19 and located within an Industrial Zone for a Christian book store. The following APPOINTMENTS were received, referred to the WAYS & MEANS COMMITTEE, and given REGULAR COURSE. Election Officers 2005 – 2006 – Colleen Bellio, Lucille Arsenault Upon recommendation of the WAYS & MEANS COMMITTEE, the following APPOINTMENTS were CONFIRMED. Vt. 9 “yeas”. Reserve Firefighters – Nicholas Miller Leominster Public Library Board of Trustees, Kathleen Reynolds Daigneault – term to expire April 15, 2006 (to fill unexpired term of Robert Allen.) Election Officers 2005-2006 – Christopher Chiumento, Mary Ann Bonneau, Patricia Corriea, Mildred Porell and Therese Lomme. Upon recommendation of the FINANCE COMMITTEE, the following COMMUNICATIONS were GRANTED and ORDERED. Vt. 9 “yeas” C-32 Relative to the appropriation of $99,995.00 to the Police Department Capital Outlay Expense Account; same to be transferred from the Excess and Deficiency Account. ORDERED: that the sum of Ninety Nine Thousand Nine Hundred Ninety Five Dollars ($99,995.00) be appropriated to the Police Department Capital Outlay Expense Account; same to be transferred from the Excess and Deficiency Account. RE: Funds are to be utilized to purchase four (4) unmarked cruisers and one(1) marked cruiser. C-33 Relative to the appropriation of $30,000.00 to the Council on Aging Capital Outlay Expense Account; same to be transferred from the Excess and Deficiency Account. ORDERED: that the sum of Thirty Thousand Dollars ($30,000.00) be appropriated to the Council on Aging Capital Outlay Account; same to be transferred from the Excess and Deficiency Account. RE: Funds are to be utilized to purchase a new heating system for the Senior Center. C-34 Relative to the appropriation of $900.00 to the Street Marking Expense Account; same to be transferred from the Excess and Deficiency Account. ORDERED: that the sum of Nine Hundred Dollars ($900.00) be appropriated to the Street Marking Expense Account; same to be transferred from the Excess and Deficiency Account. RE: Funds are to be utilized for the repainting of crosswalks. Upon recommendation of the FINANCE COMMITTEE, the following COMMUNICATION was GRANTED and ORDERED. Vt. 8 “yeas” and 1 “nay”; Councillor Freda opposed. C-35 Relative to the appropriation of $4,000.00 to the Veterans Department Capital Outlay Expense Account; same to be transferred from the Excess and Deficiency Account. REGULAR MEETING BEFORE THE CITY COUNCIL OCTOBER 11, 2005, continued. ORDERED: that the sum of Four Thousand Dollars ($4,000.00) be appropriated to the Veterans Department Capital Outlay Expense Account; same to be transferred from the Excess and Deficiency Account. RE: Funds are to be utilized to replace/repair the wheels of the WWI Cannon at Carter Park. Upon recommendation of the FINANCE COMMITTEE, the following COMMUNICATIONS were GRANTED and ORDERED. Vt. 9 “yeas”. C-36 Relative to the appropriation of $37,500.00 to the Debt Service Principle Expense Account; same to be raised by Fiscal Year 2006 Revenue. ORDERED: that the sum of Thirty Seven Thousand Five Hundred Dollars ($37,500.00) be appropriated to the Debt Service Principle Expense Account; same to be raised by Fiscal Year 2006 Revenue. RE: Funds are to be utilized for the Southeast School Architectural Plans Loan payment. C-37 Relative to the appropriation of $3,500.00 to the Sanitation and Drainage Account; same to be transferred from the Excess and Deficiency Account. ORDERED: that the sum of Three Thousand Five Hundred Dollars (3,500.00) be appropriated to the Sanitation and Drainage Account; same to be transferred from the Excess and Deficiency Account. RE: Funds are to be utilized to correct a long standing drainage problem on Smith Street. C-38 Relative to the appropriation of $31,680.00 to the Street Resurfacing Account; same to be transferred from the Chapter 90 Highway State Aid Receipts Reserved for Appropriation Account. ORDERED: that the sum of Thirty One Thousand Six Hundred Eighty Dollars ($31,680.00) be appropriated to the Street Resurfacing Account; same to be transferred from the Chapter 90 Highway State Aid Receipts Reserved for Appropriation Account. RE: Funds are to be utilized for crack sealing work on streets. C-39 Relative to the appropriation of $21,646.00 to the Fire Department Capital Outlay Expense Account; same to be transferred from the Excess and Deficiency Account. ORDERED: that the sum of Twenty One Thousand Six Hundred Forty Six Dollars ($21,646.00) be appropriated to the Fire Department Capital Outlay Expense Account; same to be transferred from the Excess and Deficiency Account. RE: A Federal Fire Act Grant was awarded in the amount of $216,465.00 and the city is required to expend 10% towards the total costs associated. C-40 Relative to the appropriation of $117,000.00 to the Police Salary and Wages Account; same to be raised by FY 2006 Revenue.  ORDERED: that the sum of One Hundred Seventeen Thousand Dollars ($117,000.00) be appropriated to the Police Salary and Wages Account; same to be raised by Fiscal Year 2006 Revenue. RE: Payment of FY 2006 settlement amounts for Police Superior Officers Contract. C-41 Relative to the appropriation of $127,500.00 to the Police Salary and Wages Account – Prior Year; same to be transferred from the Collective Bargaining Expense Account – Prior Year. ORDERED: that the sum of One Hundred Twenty Seven Thousand Five Hundred Dollars ($127,500.00) be appropriated to the Police Salary and Wages Account – Prior Year; same to be transferred from the Collective Bargaining Expense Account – Prior Year. RE: Payment of FY 2004 and 2005 settlement amounts for Police Superior Officers Contract. Upon request of the LEGAL AFFAIRS COMMITTEE, the following PETITION was TABLED. Vt. 9/0. 19-06 David E. Rowlands: Place 20 m.p.h. speed limit signs on Haskell Avenue and Vista Avenue. Upon request of the LEGAL AFFAIRS COMMITTEE, the following PETITION was given FURTHER TIME. Vt. 9/0. 20-06 Michael P. Salafia: Request a “No Parking” sign at the corner of 25 Orchard Terrace. Upon recommendation of the PUBLIC SAFETY COMMITTEE, the following PETITION was GRANTED, contingent upon a positive recommendation from the Police Department . Vt. 9/0. 21-06 Leominster Recreation Department: Request permission to block off West Street from City Hall to Main Street, down Main Street to Carter Park on October 30, 2005 from 2:00 P.M. until 2:30 P.M. for the annual Halloween Costume Parade. REGULAR MEETING BEFORE THE CITY COUNCIL OCTOBER 11, 2005, continued Upon recommendation of the CITY PROPERTY COMMITTEE, the following PETITION was GRANTED. Vt. 9/0. 22-06 New England Farm Workers’ Council: Request permission to use the City Council Chambers to take Fuel Assistance applications on October 17th , 20th , 26th, November 4th, 7th, 21st, 28th, December 5th, 12th, 19th, 29th, 2005 and January 5th, 9th, 19th, 23rd, 30th, February 6th, 13th, 24th, 27th, March 6th, 13th, 24th, 27th, April 10th, 20th, and 27th, 2006. The following ORDINANCE was read a second time, adopted as presented and passed to be ordained.. Vt. 9 “yeas”. THE CITY OF LEOMINSTER In the year two thousand 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 a parcel of property, identified as Assessors Map 227, Lot 5A, located at 111 Crawford Street, which is currently zoned partially Industrial and partially Residence B, is located entirely in the Industrial zone. _______________________________________________________________ The following ORDINANCE was read a second time, adopted as presented and passed to be ordained.. Vt. 9 “yeas”. THE CITY OF LEOMINSTER In the year two thousand five AN ORDINANCE amending Chapter 13 of the Revised Ordinances entitled “Motor Vehicles and Traffice.” Be it ordained by the City Council of the City of Leominster, as follows:  Section 13-24.5 of the Revised Ordinances entitled “Parking Prohibitions – Towing Zone” is hereby amended by inserting “Main Street (west side) from Ferdinand Passway to Pine Grove Avenue.” _________________________________________________________________ The following ORDINANCE was read a second time, adopted as presented and passed to be ordained. Vt. 9 “yeas”. THE CITY OF LEOMINSTER In the year two thousand 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 13-24.5 of the Revised Ordinances entitled “Parking Prohibitions – Towing Zone” is hereby amended by deleting subsections (d), (e) and (f) in their entirety and substituting the following: (d) Main Street (east side) from Lakeside Avenue three hundred feet in a northerly direction, between the hours of 9:00 p.m. to 6:00 a.m. (e) Main Street (east side) from the Town line one hundred fifty feet in a southerly direction, between the hours of 2:00 a.m. to 6:00 a.m. (f) Main Street (west side) from Ferdinand Passway to Lakeside Avenue, no parking anytime. REGULAR MEETING BEFORE THE CITY COUNCIL OCTOBER 11, 2005, continued. And further by amending Section 13-28 of the Revised Ordinances entitled “Angle Parking” by inserting the following subsection: (a) Angle parking allowed on Main Street (east side) from Lakeside Avenue four hundred fifty feet in a northerly direction. ___________________________________________________________________ Under Old Business Councillor Lanciani said that the mayor had sent them an email asking if any of the Councillors had suggestions regarding the city’s right of first refusal on the Pellecchia property. Mr. Lanciani said the City Council should invite the Mayor to come and speak to us before the next City Council meeting on October 24, 2005, to explain what his intention is on this property. Councillor Robert Salvatelli said that this property is thirty seven (37) acres of land that the City Council has first option on. He said the Council has 120 days to respond or else it will be sold. Councillor Marchand said that anytime the City can acquire land, they should do it. Councillor Marchand asked if it is part of a watershed district. Councillor Freda said it was her understanding that the piece of land was in MDC State Watershed. Councillor Robert Salvatelli said to invite the Mayor and the environmental inspector, Matt Marro to the next meeting on October 24, 2005 at 6:45 p.m. Councillor Rowlands said has spoken to Ed Cataldo in regards to U-Haul and that to date they have paid $17,000.00 in fines and have moved the trailer. He said that U-Haul did get approval for another building and now there is a construction trailer on the site for construction of the new building. The following ORDINANCE was read once and adopted as presented. A hearing was scheduled for October 24, 2005 at 7:15 P.M. Vt. 9 “yeas”. 1st Reading Ordinance – amend Chapter 16 Section 16-30 of the Revised Ordinances by deleting schedule P (c) (1) in its entirety and inserting in its place a new Schedule P (c) (1) to increase the Police pay scale by 2%, Maximum and Detectives Column Only, effective 7-1-2003; by 2.5% P-1 through Detective effective 7-1-2004 and 4% P-1 through Detective effective 7-1-2005. Under New Business, Councillor Nickel asked that a letter of thanks be sent to Chief Pierce and his wife for the work that they did in getting the grant for the Fire Department. Also under new business, Councillor Freda said that the Leominster Rotary Club will be presenting a Community Service Award to LATV on October 30, 2005 at the Doyle Conservation Center from 4:00 p.m. to 6:00 p.m. Councillor Marchand, Chair of the LEGAL AFFAIR COMMITTEE, moved that the following PETITIONS be removed from the table and placed on the calendar for action. It was so voted. Vt. 9/0. Committee report as follows: 114-05 Ronald J. Booth, An Individual Owning Land to be Affected by Change: Amend Chapter 22, Article II, Section 22-16 of the Revised Zoning Ordinances entitled “Generally Permitted Uses” by creating new subsections 16.9, 16.9.1 and 16.9.2 which will allow by Special Permit from the City Council, one undeveloped lot that has been in existence as of July 1, 2005 and not more than 40,000 square feet, be used for a service building (i.e., restaurant, bank, drug store and the like) intended to support the nearby industrial uses. LEAVE TO WITHDRAW WITHOUT PREJUDICE. Vt. 9 “yeas”. 115-05 John Souza, Planning Board Chairman and Andrew Taylor, Acting Planning Director on behalf of the Leominster Planning Board: Amend the Leominster Zoning Ordinance dated July 10, 200l with amendments through December 10, 2004 for the purpose of adding the following: 16.9.2 – In a case of undeveloped lots of 1.5 acres or less in the Industrial Zone by Special Permit of the Leominster City Council a use Variance may be issued for a non-conforming business if it is determined that there is no practical industrial use for this land; the use variance must comply with the zoning requirements for BA District found in the Leominster Zoning Ordinance – Table of Uses. GRANTED as AMENDED to change ordinance as follows: Vt. 9 “yeas”. Amend Article II, Section 22-16 (Generally Permitted Uses), subsection 16.9 of the Zoning By-Law to read as follows: 16.9 Use of undeveloped (vacant) lots 16.9.1 If one undeveloped lot is in a zoning district in which a desired, but non-permitted residential use is sought, and the lot is bordered by other lots which are predominately non-conforming residential users, by Special Permit of the City Council a similar non-conforming residential use of that lot may be permitted, consistent with the zoning requirements for residential structures in the closest neighboring residential zoning district. 16.9.2 In the case of undeveloped lots of 1.5 acres or less in existence prior to July 1, 2005 in the Industrial Zone, the Leominster City Council by a Special Permit may allow a non-conforming business use if it is determined that there is no present reasonable industrial use for this land; the proposed use is compatible with the neighborhood; and the proposed use is not contrary to the general welfare, safety, health and morals of the city. The site must comply with all dimensional zoning requirements for Business A District found in the Leominster Zoning Ordinance – Table of Uses. MEETING ADJOURNED: 9:45 P.M. ___________________________________________________ Lynn A. Bouchard, City Clerk and Clerk of the City Council