City Council

HEARING BEFORE THE CITY COUNCIL, APRIL 10, 2006 Hearing opened at 7:20 P.M. with Councillor Marchand, Chair of the Legal Affairs Committee, presiding. All members were present. The following PETITION was the subject of the hearing. 54-06 Scott Hyney: Grant a Special Permit to construct an addition to an existing dwelling at 39 Federal Circle as shown on Assessors Map 363, Lot 41, located in a rural residential zone in the water supply protection district. Councillor Marchand said that this was advertised in the local newspaper on March 27, 2006 and April 3, 2006. No one in the audience spoke in favor or opposition. Councillor Marchand read the following letter from Hannigan Engineering, date April 6, 2006. Dear Councilor Marchand, Pursuant to our conversation with the Building Department, and on behalf of our clients, Caroline Toomey & Scott Hyney, Hannigan Engineering, Inc. would like to request a continuance of the Public Hearing for a Special Permit for construction in the Watershed Protection Overlay District at the above referenced site. The purpose of this request is to prepare additional information regarding the site and its impacts, if any, on the watershed of Distributing Reservoir. It is anticipated that this information would be available for presentation at the City Council meeting of April 24, 2006. Should you have any questions regarding this matter, please do not hesitate to contact me at this office. Sincerely, HANNIGAN ENGINEERING, INC. /s/ William D. Hannigan, PE President Councillor Marchand said that we have an extremely busy schedule so he said he would like to leave the hearing open and reschedule it for June 26, 2006 at 7:15 P.M. HEARING ADJOURNED: 7:22 P.M. Lynn A. Bouchard, City Clerk and Clerk of the City Council REGULAR MEETING OF THE CITY COUNCIL, APRIL 10, 2006 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 March 13, 2006 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-102 Relative to the appropriation of $500.00 to the Cemetery Expense Account; same to be transferred from the Manson D. Hawes Cemetery Trust Fund Income Account. C-103 Relative to the appropriation of $12,000.00 to the Cemetery Salary and Wages Account; same to be transferred from the Cemetery Perpetual Care Income Trust Fund. C-104 Relative to the appropriation of $150,000.00 to the Fire Department Overtime Account; same to be transferred from the Excess and Deficiency Account. C-105 Relative to the appropriation of $7,000.00 to the Fire Department Salary and Wages Account; same to be transferred from the Excess and Deficiency Account. REGULAR MEETING OF THE CITY COUNCIL, APRIL 10, 2006, continued. The following COMMUNICATION was received and referred to the FINANCE COMMITTEE. Upon recommendation of the FINANCE COMMITTEE, the following COMMUNICATION was GRANTED and ORDERED with an EMERGENCY PREAMBLE under SUSPENSION OF THE RULES. Vt. 9 “yeas”. C-106 Relative to the appropriation of $7,280.00 to the Fire Department Expense Account; same to be transferred from the Emergency Reserve Account. (Finance) ORDERED: that the sum of Seven Thousand Two Hundred Eighty Dollars ($7,280.00) be appropriated to the Fire Department Expense Account; same to be transferred from the Emergency Reserve Account. RE: To repair the chimney at the Fire Department at 19 Church Street. The following COMMUNICATIONS were received, referred to the FINANCE COMMITTEE and given REGULAR COURSE. C-107 Relative to the appropriation of $50,000.00 to the Police and Fire Indemnification Account; same to be transferred from the Excess and Deficiency Account. C-108 Relative to the appropriation of $2,500.00 to the Planning Department Expense Account; same to be transferred from the Excess and Deficiency Account. C-109 Relative to the appropriation of $4,700.00 to the Emergency Management Agency Expense Account; same to be transferred from the Excess and Deficiency Account. C-110 Relative to the appropriation of $2,500.00 to the Street Signs and Fences Expense Account; same to be transferred from the Excess and Deficiency Account. C-111 Relative to the appropriation of $50,000.00 to the Street Lighting Expense Account; same to be transferred from the Excess and Deficiency Account. C-112 Relative to the appropriation of $600,000.00 to the Water Department Capital Outlay Expense Account; same to be transferred from the Federal Economic Development Agency Industrial Road Improvement Reimbursement Grant Account. C-113 Relative to the appropriation of $5,000.00 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 WAYS & MEANS COMMITTEE and given REGULAR COURSE. C-114 Relative to the appropriation of $526,628.00 to the following accounts for the Year 32 Community Development Block Grant. 1. Board of Health – Code Enforcement $67,451.00 2. Office of Planning & Development – Economic Development Program $60,500.00 3. Office of Planning & Development – Housing $189,452.00 Rehabilitation Program (Includes $10,000 for Elder Rehab Svcs.) 4. Office of Planning & Development – Planning And Administration $105,325.00 5. Bennett School Playground Project $24,906.00 6. Battered Women’s Resources, Inc. Emergency Services $10,000.00 7. Beacon of Hope Respite Services $10,381.00 8. Boys & Girls Club of America – North Central Mass $6,600.00 9. Leominster Mayor’s Office – Energy Assistance $3,800.00 10. Leominster Mayor’s Office – Summer Youth Program $12,500.00 11. Leominster Mayor’s Office - State Pool Fee Program $1,100.00 12. Montachusett Home Care Corp. – Elder Safety Taskforce $1,820.00 13. Montachusett Interfaith Hospitality – Network Interfaith Network $8,700.00 14. Multi-Service Center, Inc. – For Your Health $7,200.00 15. Multi-Service Center, Inc. – Project Youth $1,065.00 16. Our Father’s Table – Homeless Elderly Assis. $3,798.00 17. Spanish American Center – Community Outreach Worker (Information & Referral) $3,615.00 18. Veterans Hospice Homestead – Hero Homestead $8,415.00 REGULAR MEETING OF THE CITY COUNCIL, APRIL 10, 2006, continued. The following PETITION was received, referred to the PUBLIC SERVICE COMMITTEE and given REGULAR COURSE. A hearing was scheduled for April 24, 2006 at 7:30 P.M. Vt. 9/0. 65-06 National Grid and Verizon New England, Inc.: Hill Street: Install one jointly owned pole on Hill Street beginning at a point approximately 1,850 feet south of the intersection of Lowe Street. The following PETITION was received, referred to the PUBLIC SERVICE COMMITTEE and given REGULAR COURSE. A hearing was scheduled for April 24, 2006 at 7:35 P.M. Vt. 9/0. 66-06 National Grid and Verizon New England, Inc.: Union Street: Install one jointly owned pole on Union Street beginning at a point approximately 220 feet north of the intersection of Carolyn Street. The following PETITION was received, referred to the LEGAL AFFAIRS COMMITTEE, given REGULAR COURSE and referred to the Director of Inspections, the Planning Department, the Conservation Commission, the Health Department, the Fire Department and the Department of Public Works. A hearing was scheduled for June 12, 2006 at 7:00 P.M. Vt. 9/0. 67-06 James Whitney, 557 Lancaster Street Realty Trust: Grant a Special Permit to allow a bridal boutique shop to use 1,000 square feet of an existing building at 557 Lancaster Street, located in an Industrial zone and shown on Assessor’s Map 443A as Lot 3. The following PETITION was received, referred to the WAYS & MEANS COMMITTEE, given REGULAR COURSE and referred to the Treasurer, the License Commission and the Police Department. 68-06 Craig Long: Renew the license for two pool tables at Jake’s Pub Inc. d/b/a Hot Shotz, 1293 Main Street. The following APPOINTMENTS were received, referred to the WAYS & MEANS COMMITTEE and given REGULAR COURSE. Board of Appeals – term to expire April 15, 2007 Lee Baron, Alternate Board of Appeals – term to expire April 15, 2009 Scott Simpson Board of Assessors – term to expire April 15, 2009 Walter Poirier, Chief Assessor Board of Health – term to expire April 15, 2009 Dr. Peter Lanza Disability Commission – term to expire April 15, 2009 Kevin Strel Conservation Commission – terms to expire on April 15, 2009 Louis DiRusso, Christopher P. Grunditz Doyle Field Commission – term to expire April 15, 2009 Ellio Torcoletti Historical Commission – terms to expire April 15, 2009 R. Sherwin Drury, M. Donald Piermarini, Chester E. Carter Library Board of Trustees – terms to expire April 15, 2009 Robert Salvatore, Kathleen Reynolds Daigneault Planning Board – terms to expire April 15, 2011 Carol Vittorioso, David DiGiovanni Recreation Commission – terms to expire April 15, 2009 Thomas Bissonnette, John M. Ciccolini Cultural Commission – term to expire April 15, 2009 Alfred Mercik Registrars of Voters – term to expire April 15, 2009 David L. Higgins, Jr. Wastewater Plant Commission – term to expire April 15, 2009 Thomas Hazzard, Chairman Council on Aging – terms to expire April 15, 2008 Robin Upton, Rosemary Bracani REGULAR MEETING OF THE CITY COUNCIL, APRIL 10, 2006, continued. Cable TV Advisory Board – term to expire April 15, 2009 Rosemary Bracani Director of Inspections – term to expire April 15, 2009 Edward Cataldo Purchasing Agent – term to expire April 15, 2009 Greg Chapdelaine Fence Viewers – term to expire April 15, 2007 John LaRose Forest Warden – term to expire April 15, 2007 Paul Kennedy Insect and Pest Control – term to expire April 15, 2007 Ralph Persons Supt. Gypsy & Brown Tail Moths – term to expire April 15, 2007 Ralph Persons Veterans Care of Graves – term to expire April 15, 2007 Ralph Sacramone Weigher of Beef – term to expire April 15, 2007 Michael Ciccolini Sealer of Weights & Measures – term to expire April 15, 2007 Joseph Quinn Weigher of Chemicals – term to expire April 15, 2007 Delta Bulk Packaging Weigher of Hay – term to expire April 15, 2007 Henry LaRose Trustees of Soldiers Memorials – term to expire April 15, 2007 Kenneth Gurge Emergency Mangement Communications Unit Mark R. Danker The following APPOINTMENTS were received, referred to the WAYS & MEANS COMMITTEE and given REGULAR COURSE. ONE-YEAR APPOINTMENTS Emergency Management – Assistant Directors: James LeBlanc, Richard Gauvin Emergency Management – Deputy Directors: Alden Piper, Mark Lavoie, Thomas Piper, Daniel Thibodeau, Mark Darrigo Emergency Management – Auxiliary Police: Nikito Baker, Scott A. Boutell, Stephen A. Buffone, Ryan N. Caneen, Shawn Carlin, John Caron, Reginald A. Cortana, Donn A. Deane, Justin E. Doyle, Michael J. Fazio, Vincente L. Figueroa, Stuart R. Fuller, Kara L. Hartung, Michael J. Hopkins, Eric C. Millar, Karen Nesbitt, Justin P. Nichols, Thomas Piper, Christopher M. Shea, Andrew J. Triola Upon recommendation of the FINANCE COMMITTEE, the following COMMUNICATION was GRANTED. Vt. 9 “yeas”. C-97 Dean J. Mazzarella, Mayor: Request the authority to borrow, if necessary, up to $600,000.00 for the purchase for open space and water supply protection purposes, 57+/- acres of land owned now or formerly by the Salvatore Realty Trust (Map 429, Lot 5) as shown on a plan of land to be recorded with the Worcester North Registry of Deeds; said property shall be dedicated in perpetuity to purposes stated in Article 97 of the Amendments to the Constitution of the Commonwealth of Massachusetts including the protection of water resources and shall be fully protected by all provisions of Article 97. Furthermore, this property shall be open to the general public for appropriate outdoor/recreational use while consistent with 310 CMR 22.00; that to meet this appropriation the Treasurer with the approval of the Mayor is authorized to borrow, if necessary, up to $600,000.00, the receipt of any state and charitable grants and donations associated with this project will be deposited into the appropriate account; and that the Mayor is authorized to take any other action necessary to carry out these projects. REGULAR MEETING OF THE CITY COUNCIL, APRIL 10, 2006, continued. Upon recommendation of the FINANCE COMMITTEE, the following COMMUNICATIONS were GRANTED and ORDERED. Vt. 9 “yeas”. C-99 Relative to the appropriation of $15,500.00 to the Sanitation/Drainage Expense Account; same to be transferred from the Excess and Deficiency Account. ORDERED: that the sum of Fifteen Thousand Five Hundred Dollars ($15,500.00) be appropriated to the Sanitation/Drainage Expense Account; same to be transferred from the Excess and Deficiency Account. C-100 Relative to the appropriation of $5,000.00 to the Doyle Field Expense Account; same to be transferred from the Excess and Deficiency Account. ORDERED: that the sum of Five Thousand Dollars ($5,000.00) be appropriated to the Doyle Field Expense Account; same to be transferred from the Excess and Deficiency Account. C-101 Relative to the appropriation of $6,000.00 to the Parking Meter Expense Account; same to be transferred from the Excess and Deficiency Account. ORDERED: that the sum of Six Thousand Dollars ($6,000.00) be appropriated to the Parking Meter Expense Account; same to be transferred from the Excess and Deficiency Account. RE: To replace meters around the city that have been damaged (seven double meters and two single meters.) Upon request of the PUBLIC SERVICE COMMITTEE, the following PETITION was TABLED for study. Vt. 9/0. 41-06 Peter A. CampoBasso, Esquire, on behalf of James S. Whitney, President and Treasurer, J. Whitney Development, Inc.: Allow a sewer connection for land in Sterling, owned by J. Whitney Development, Inc., for a residential subdivision for homeownership, condominiums and apartment buildings. Upon recommendation of the LEGAL AFFAIRS COMMITTEE, the following COMMUNICATION was GRANTED. Vt. 9/0. C-84 Mayor Dean J. Mazzarella: Accept for conservation purposes a deed from Day Street Realty Corporation for a thirteen acre parcel of land located off Day Street and shown on Assessors Map 575 as parcel 7. Upon request of the LEGAL AFFAIRS COMMITTEE, the following PETITIONS were TABLED for study. Vt. 9/0. 54-06 Scott Hyney: Grant a Special Permit to construct an addition to an existing dwelling at 39 Federal Circle as shown on Assessors Map 363, Lot 41, located in a rural residential zone in the water supply protection district. (Hearing is continued until June 26, 2006 at 7:15 P.M.) 60-06 Susan M. Harding: Grant a Special Permit to use the existing building at 34 Mohawk Drive, to operate a wholesale auto sales facility in an Industrial zone and to allow for the storage of automobiles within a floodplain. (A hearing is scheduled for May 8, 2006 at 7:15 P.M.) 61-06 David Rowlands and John M. Dombrowski: Amend Chapter 21, Section 21-22.3 of the Revised Ordinances entitled “Sewer Rates Schedule” to reflect changes to the out of city sewer rates. Upon recommendation of the LEGAL AFFAIRS COMMITTEE, the following PETITION was GRANTED with amendments. Vt. 9/0. 62-06 David Rowlands and John M. Dombrowski: Amend Chapter 21, Section 21-22.4, of the Revised Ordinances entitled “Sewer Connection Charges” to reflect changes in fees to individual units, condominium units, commercial and industrial construction within and outside the city of Leominster. Upon recommendation of the LEGAL AFFAIRS COMMITTEE, the following PETITION was GRANTED. Vt. 9/0. 63-06 Claire Freda: Install a stop sign at the intersection of Amideo Drive and Antonia Court. Upon recommendation of the WAYS & MEANS COMMITTEE the following PETITIONS were GRANTED. Vt. 9/0. 50-06 Leroy J. DiMauro: Renew second hand dealer’s license for the premises located at 609 Main Street. 51-06 Fred R. Tousignant: Renew second hand dealer’s license for the premises located at 92 Pleasant Street. 64-06 Mark Gordon: Renew second hand dealer’s license for the premises located at Twin City Plaza. Under Old Business Councillor Freda said that the Ways & Means Committee will be having a sub-committee meeting regarding the Special Municipal Employees. She said that there have been a lot of municipal employees in many different places and she feels that we need to look at them and rule some in and rule some out. Councillor Freda said in the near future she would like to get a committee together to look at the Ordinances regarding hazardous chemicals in buildings. REGULAR MEETING OF THE CITY COUNCIL, APRIL 10, 2006, continued. Councillor Nickel said a letter was sent to Attorney Riley asking how the City Council could have some authority in regards to Intermunicipal Agreements. He said that Attorney Riley’s response was of little help because it only listed relevant sections in the current Ordinance. He said he feels that we need to have an in-house legal council. Councillor Freda said that she worked for four years trying to add a position as a legal representative for the City Council. She said that although they passed an ordinance for the position, it came down to the Mayor funding it. She said they had asked the Mayor to take $5,000.00 out of the City Solicitor’s budget and put it in a separate account so that we would be able to contact an attorney if needed. She said the Ordinance is in place but we have no leverage because the account only has $400.00 in it. Councillor Dombrowski said he will look into what can be done to include City Council input in regards to Intermunicipal Agreements. The following ORDINANCE was read once and adopted as presented. A hearing was set for April 24 at 7:00 P.M. Vt. 9 “yeas”. 1st Reading Ordinance – Amend Chapter 16, Article II, Section 16-13 of the Revised Ordinances entitled “Vacation” which would allow employees to receive their vacation time by years of service on their anniversary start date; amendment retro-active to January 1, 2006. (Petition #42-06) Under New Business Councillor Marchand spoke about the illegal waste that is being buried in the City of Leominster. He said there is an Ordinance stating that with a building permit there has to be a demonstration of where that debris is going. Councillor Marchand said he would like to see some compliance with that Ordinance by the Building Department and would like to know that these issues are being addressed. Councillor Rowlands said that the School Committee and Committee on Schools will be having a joint meeting on April 24, 2006 at 6:30 P.M. Councillor Rowlands said there is a problem with construction debris and wetlands violations on Lock Drive. He said the DEP is involved and are working with our local officials. He said that the thing that is the most troublesome to him is that it is a repeat offender. Councillor Rowlands made a motion to have the Building Inspector, the Health Inspector and the Chairman of the Conservation Commission before the council on May 8 at 6:30 P.M. for an informational meeting to update the council on Lock Drive. Motion seconded by Councillor Rosa. Vt. 9/0. Councillor Freda said that the Mass Municipal Association – Councillors Association will be having a dinner and workshop for Council Presidents and Vice-Presidents regarding the Open Meeting Laws and other issues. It is at Holy Cross College on May 19th with a free dinner and all councilors, not just Presidents and Vice-Presidents, are welcome. MEETING ADJOURNED: 10:03 P.M. ________________________________________________ Lynn A Bouchard, City Clerk and Clerk of the City Council