City Council

HEARING BEFORE THE CITY COUNCIL, NOVEMBER 14, 2005 Hearing opened at 7:20 P.M. with Councillor Marchand, Chair of the Legal Affairs Committee presiding. All members present. The following PETITION was the subject of the hearing. 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. Councillor Marchand said that for the record Councillor elect, Virginia Tocci, was present in the audience. Introduced and made part of the record were the following: A. Petition 26-06 submitted by Randy Bigelow, 375 Harvard Street Realty, LLC with accompanying plan prepared by Whitman & Bingham Associates, LLC, 510 Mechanic Street, Leominster, MA dated July 13, 2005. B. Notice of public hearing published in the Sentinel & Enterprise on October 31, 2005 and November 7, 2005. C. Positive recommendations were received from the Health Department, the Treasurer and Collector, the Fire Department with conditions, and the Director of Inspections. Councillor Marchand said that the Planning Board will be conducting a Hearing on this Petition on December 6, 2005. Councillor Marchand said that the City Council will not close this hearing tonight, they will leave it open until they get a recommendation back from the Planning Board. Councillor Marchand said that the Planning Director and himself have come up with some essential questions to ask in order to go through the process with the new legislation. The following are some of the criteria that they would like to address: 1. Adequate provision for parking as determined by the Zoning Ordinance. 2. Adequate space for off street loading and unloading of goods. 3. Approval of the Fire Department 4. Lighting – how it is situated as to not disturb the neighborhood. 5. Meeting sign regulations 6. Proposal would not constitute a nuisance due to air and water pollution, flood, noise, dust, vibration, lights or visually offensive structures. 7. Site provides safe and convenient vehicular and pedestrian movement within the site in relation to adjacent street property or improvements. 8. Question regarding future industrial needs on the site with current tenants or future potential tenants. 9. If there are any tenants located at the site in question, are they in compliance with the current zoning regulations. 10. Are local property taxes in good standing. The petitioner, Randy Bigelow, 375 Harvard Realty, LLC, said that he bought the building in February of 2004 and that it was on the market a year before that. Mr. Bigelow said that after he bought it, he subdivided the building and starting finding tenants. To date, Mr. Bigelow has five tenants in the building and two open spaces available that they have not been able to rent out. Mr. Bigelow said that he has been working diligently with Realtors to try and rent the two available spaces. He said in some cases the ceilings are to low, there is not enough dock area. Mr. Bigelow said that the book store has been there from the beginning. They would intend to bring their corporate offices to the site, which by right in an Industrial zone is fine. The part that they would need a Special Permit for would be the book store they would like to open. The store would sell religious books, cards and gifts. Mr. Bigelow said that they have been to the Planning Board for Site Plan Approval and that they have an Order of Conditions for that. Mr. Bigelow said that they intend on looping the hot top around the building so that there is full access around the building. Mr. Bigelow said they also intend to hook up to the existing sewer line in White Street. Mr. Bigelow didn’t feel they would need a gate once all this work is completed. Carl LaBruce, owner and operator of Morning Star Christian Book Stores in Massachusetts and Richard Coleman, General Manager, were also present. Mr. LaBruce said that they are proposing to expand their operations, which are already existing in the area. Mr. LaBruce said that this site makes sense to them because of the new Target location and also that they need corporate space. No one in the audience spoke in support or opposition. No Councillors spoke. HEARING ADJOURNED: 7:22 P.M. Lynn A. Bouchard, City Clerk and Clerk of the City Council HEARING BEFORE THE CITY COUNCIL, OCTOBER 24, 2005 Hearing opened at 7:30 P.M. with Councillor Nickel, Chair of the Public Service Committee presiding. All members present except Councillor John Salvatelli. The following PETITION was the subject of the hearing. 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. (Public Service) Ken Dobie representing Massachusetts Electric Company said that the pole was to supply power to a new house that is under construction. No one in the audience spoke in support or opposition. No Councillors spoke. HEARING ADJOURNED: 7:32 P.M. Lynn A. Bouchard, City Clerk and Clerk of the City Council HEARING BEFORE THE CITY COUNCIL, OCTOBER 24, 2005 Hearing opened at 7:35 P.M. with Councillor Nickel, Chair of the Public Service Committee presiding. All members present except Councillor John Salvatelli. The following PETITION was the subject of the hearing. 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. (Public Service) Ken Dobie representing Massachusetts Electric Company said that this is a tie line between the two circuits at Orchard Hill Park. Greg Lisciotti representing Pioneer Park, LLC, spoke in favor of the petition. Christopher Paquette, Economic Development Coordinator, spoke in favor of the petition. Councillor Rowlands asked if the utilities were going to be underground or overhead. HEARING BEFORE THE CITY COUNCIL, OCTOBER 24, 2005, continued. Michael Horton from Massachusetts Electric explained that a portion of the utilities will be overhead and a portion underground. Mr. Horton said that he would get back to Councillor Rowlands with more specific details. HEARING ADJOURNED: 7:40 P.M. Lynn A. Bouchard, City Clerk and Clerk of the City Council REGULAR MEETING OF THE CITY COUNCIL, OCTOBER 24, 2005 Meeting called to order at 8:00 P.M. Attendance was taken by a roll call vote; all members present except Councillor John Salvatelli. The Committee on Records reported that the records were examined through October 11, 2005 and found to be in order. The records were accepted. The following COMMUNICATION was received, referred to the FINANCE and LEGAL AFFAIRS COMMITTEES and given REGULAR COURSE. C-50 Mayor Dean J. Mazzarella: Adopt Chapter 126 of the Acts of 1988, which amended Section 4 of Chapter 73 of the Acts of 1986, to adjust the amount of the exemption, for those qualified under Section 5 of MGL 59, to increase the factor from 1.30 to 1.50 effective for Fiscal Year 2006. The following COMMUNICATION was received, referred to the WAYS & MEANS COMMITTEE and given REGULAR COURSE. C-51 Mayor Dean J. Mazzarella: Request that Joseph Cataldo, employee of the City of Leominster’s Planning Department and John Pompei, employee of the Leominster Fire Department, be exempt from the provisions in M.G.L. Chapter 268A (20B) Conflict of Interest, as these individuals will be officiating for the Leominster School Department. The following PETITION was received, referred to the LEGAL AFFAIRS COMMITTEE, and given REGULAR COURSE. 27-06 William C. (Bud) Taylor II: Adopt a resolution supporting the establishment of an elected Charter Commission who’s names would appear on the 2007 municipal ballot, after proper nomination and subsequent selection by election, so said Charter Commission could present recommendations to change the City Charter on the 2009 municipal ballot. The following APPOINTMENTS were received, referred to the WAYS & MEANS COMMITTEE, and given REGULAR COURSE. Emergency Management - Auxiliary Police - Andrew J. Triola, Stuart R. Fuller, Justin E. Doyle, Donn A. Deane, Eric C. Millar, Stephen A. Buffone, Christopher M. Shea, Kara L. Hartung, Scott A. Boutell, Vincente L. Figueroa, Justin P. Nichols, Reginald A. Cortana, Michael J. Fazio, Michael J. Hopkins and Ryan N. Caneen. Upon recommendation of the FINANCE COMMITTEE, the following COMMUNICATIONS were GRANTED and ORDERED. Vt. 8 “yeas” 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. ORDERED: that the sum of Thirteen Thousand Four Hundred Forty Five Dollars ($13,445.00) be appropriated to the Veteran Services Salary and Wages Account; same to be raised by Fiscal Year 2006 Revenue. RE: To appropriate clerical wages previously paid by Parking Meter receipts. 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. ORDERED: that the sum of Sixty One Thousand Dollars ($61,000.00) be appropriated to the Gallagher Building Expense Account; same to be transferred from the Gallagher Building Revolving Fund. RE: Operational Expenses: $51,000.00 Capital Type Expenses: 10,000.00 REGULAR MEETING OF THE CITY COUNCIL, OCTOBER 24, 2005, continued. 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. ORDERED: that the sum of Forty Thousand Dollars ($40,000.00) be appropriated to the Gallagher Building Salary and Wages Account; same to be transferred from the Gallagher Building Revolving Fund. RE: Custodial Services: $37,500.00 Overtime : 2,500.00 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. ORDERED: that the sum of One Hundred Thousand Dollars ($100,000.00) be appropriated to the Emergency Management Agency Capital Outlay Expense Account; same to be raised by the Excess and Deficiency Account. RE: These funds are to be used to replace and repair the roof at the EMA building. 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.  ORDERED: that the sum of Thirteen Thousand Dollars ($13,000.00) be appropriated to the Highway General Expense Account; same to be transferred from the Excess and Deficiency Account. RE: Funds are to be used for the overhaul and repair of the CAT IT Loader. 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. ORDERED: that the sum of One Million Nine Hundred Seventy Five Thousand Dollars ($1,975,000.00) be appropriated 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. ORDERED: that the sum of Four Thousand Dollars ($4,000.00) be appropriated to the Sidewalk and Curbing Expense Account; same to be transferred from the Excess and Deficiency Account. RE: Funds are needed to replace and install sidewalks. Upon recommendation of the PUBLIC SERVICE COMMITTEE, the following PETITIONS were GRANTED Vt. 8/0. 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. 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. Upon request of the LEGAL AFFAIRS COMMITTEE, the following PETITION was given LEAVE TO WITHDRAW without prejudice. Vt. 8/0. 20-06 Michael P. Salafia: Request a “No Parking” sign at the corner of 25 Orchard Terrace. Upon recommendation of the LEGAL AFFAIRS COMMITTEE, the following PETITION was GRANTED. Vt. 8/0. 25-06 David Rowlands: Place a stop sign on Flaggler Road at the intersection of Flaggler Road and Day Street. Upon request of the LEGAL AFFAIRS COMMITTEE, the following PETITION was given FURTHER TIME. Vt. 8/0. 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. (A hearing is scheduled for November 14, 2005 at 7:15 P.M.) REGULAR MEETING OF THE CITY COUNCIL, OCTOBER 24, 2005, continued. Upon recommendation of the SMALL BUSINESS & ECONOMIC DEVELOPMENT COMMITTEE, the following COMMUNICATION was GRANTED. Vt. 8/0. 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. Upon recommendation of the WAYS & MEANS COMMITTEE, the following APPOINTMENTS were CONFIRMED. Vt. 8/0. Election Officers 2005 – 2006 – Colleen Bellio, Lucille Arsenault The following ORDINANCE was read a second time, adopted as presented and passed to be ordained.. Vt. 8 “yeas”. THE CITY OF LEOMINSTER In the year two thousand five AN ORDINANCE  To increase salaries & wages by 2% Maximum and Detectives Column Only effective 7-1-2003. To increase salaries & wages by 2.5% P-1 through Detective effective 7-1-2004. To increase salaries & wages by 3% P-1 through Detective effective 7-1-2005. Be it ordained by the City Council of the City of Leominster, as follows: Amend Section 16-30 by deleting schedule P (subsection (c) (1) ) In its entirety and inserting in its place therein, the following: Schedule P (subsection (c) (1)) Police pay scale Effective 7-1-2003 2% Max column only Minimum Step 1 Step 2 Step 3 Maximum Detective P-1 36,902.48 38,868.45 40,771.51 41,179.26 42,422.87 44,119.78 P-2 52,943.74 P-3 60,885.30 P-4 70,018.10 P-5 88,239.56 Effective 7-1-2004 2.5% Minimum Step 1 Step 2 Step 3 Maximum Detective P-1 37,825.04 39,840.16 41,790.83 42,208.74 43,483.44 45,222.77 P-2 54,267.32 P-3 62,407.42 P-4 71,768.53 P-5 90,445.54 Effective 7-1-2005 3% Minimum Step 1 Step 2 Step 3 Maximum Detective P-1 38,959.79 41,035.36 43,044.55 43,475.00 44,787.94 P-1W 39,544.18 41,650.89 43,690.21 44,127.12 45,459.75 47,278.15 P-2 56,733.78 P-3 65,243.84 P-4 75,030.42 P-5 94,556.30 ______________________________________________________________ REGULAR MEETING OF THE CITY COUNCIL, OCTOBER 24, 2005, continued. The following ORDINANCE was read once and adopted as presented. Vt. 7 “yeas”; Councillor Dombrowski abstained due to possible conflict of interest. 1st Reading Ordinance – amend Chapter 22 of the Revised Ordinances entitled “Zoning” by changing the Leominster Zoning Map, so that property at Jytek Drive and Central Street, currently zoned as Industrial and identified as Assessors Map 499, Lots 12, 21, 22 and 36, is located entirely within the Commercial zone. (Legal Affairs Petition #1-06) Upon recommendation of the PUBLIC SERVICE COMMITTEE, the following ORDER OF LAYOUT was ADOPTED. Vt. 8 “yeas”. Order of Alteration and Extension of Layout – Lanides Lane. Upon recommendation of the SMALL BUSINESS & ECONOMIC DEVELOPMENT COMMITTEE, the following RESOLUTION was ADOPTED. Vt. 8 “yeas”. RESOLUTION DESIGNATION OF THE HAMILTON STREET ECONOMIC OPPORTUNITY AREA AND THE FLORENCE STREET ECONOMIC OPPORTUNITY AREA  WHEREAS, Chapter 23A, Section 3A through F of the Acts of 1993 establish the Economic Development Incentive Program (EDIP); WHEREAS, to EDIP program is designated to promote increased business development and expansion in Economic Target Areas (ETAs) and Economic Opportunity Areas (EOAs) of the Commonwealth; WHEREAS, the City of Leominster is part of the North Worcester County Economic Target Area (ETA); WHEREAS, the City Council of the City of Leominster strongly supports increased economic development to provide additional jobs for City residents, and industrial activity within the City to promote and develop a healthy economy and stronger tax base; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Leominster that: 1. The City Council hereby authorized the submission of the City of Leominster Economic Opportunity Area application to the Massachusetts Economic Assistance Coordinating Council; 2. The City authorized the designation of the following as Economic Opportunity Areas Hamilton Street EOA as defined by the City of Leominster’s Assessor’s Map 237, Parcel 2. The parcel consisting of 5.72 acres of real property and a building consisting of 206,904 square feet. AND, Florence Street EOA as defined by the City of Leominster’s Assessor’s Map 444, Parcels 3 & 4. The parcel consisting of 6.4 acres of real property and two (2) buildings consisting of 102,510 square feet. 3. The City Council hereby agrees to offer either tax increment financing or special tax assessment to each Certified Project located within the two (2) Economic Opportunity Areas. Adopted by the Leominster City Council APPROVED: October 24, 2005. /s/ Dean J. Mazzarella, Mayor Date: October 25, 2005 Lynn A. Bouchard, City Clerk ____________________________________________________ Under New Business, Councillor Nickel thanked the Chairman of Finance, Dennis Rosa, for all the work he has done with the numerous amount of communications that have come before the council. MEETING ADJOURNED: 9:05 P.M. ___________________________________________________ Lynn A. Bouchard, City Clerk and Clerk of the City Council