City Council

HEARING BEFORE THE CITY COUNCIL, MAY 8, 2006 Hearing opened at 7:00 P.M. with Councillor Dombrowski, Clerk of the Legal Affairs Committee, presiding. All members were present except Councillors Marchand and Nickel. The following ORDINANCE was the subject of the hearing. Relative to amending Chapter 16, Section 16-34 of the Revised Ordinances entitled “Classification of Positions” by changing the classification of the Personnel Director from S-7 to S-8. Councillor Lanciani spoke in favor of the petition. He said he was on the committee that interviewed Ms. Fournier when she was hired by the city. Councillor Lanciani said that we are very fortunate to have someone who is bilingual in this position who assists other departments. He said that is over and above her Personnel Director duties. Councillor Lanciani said he feels that she has proven herself and is doing a good job with the city. Councillor Lanciani said it is only $16 - $18 per week more. He said he supports Ms. Fournier 100%. Councillor Salvatelli said he wants to repeat what Councillor Lanciani said. Councillor Salvatelli said in the private sector a Human Resource Director make $90,000 - $100,000 per year and this raise would only be $988.00 per year. He said that a Human Resource director is a very demanding position. He feels that the position should be higher than an S-8 and he is supporting this petition. Councillor Rosa said this is a one person department with no one under her to supervise. He said a lot of the time she is doing secretarial duties in the mayors office. Councillor Rosa said he would like to know the basic qualifications for a Personnel Director in the City of Leominster. He said he would like to know if Ms. Fournier has taken any specialized courses that would justify raising this position from an S-7 to and S-8. Councillor Rosa asked what the maximum pay would be for a Personnel Director. Councillor Lanciani said that it is good that she is flexible. He said that she has taken courses and that she has put on seminars for city employees in regards to discrimination, insurance seminars and she is always willing to help out when needed. He said she also works on contract negotiations. Councillor Dombrowski said that her qualifications and performance were discussed in subcommittee and the Legal Affairs Committee said they felt this was something that they would recommend approval on. No one in the audience spoke in favor or opposition. HEARING ADJOURNED: 7:12 P.M. Lynn A. Bouchard, City Clerk and Clerk of the City Council HEARING BEFORE THE CITY COUNCIL, MAY 8, 2006 Hearing opened at 7:12 P.M. with Councillor Dombrowski, Clerk of the Legal Affairs Committee, presiding. All members were present except Councillors Marchand and Nickel. The following ORDINANCE was the subject of the hearing. Relative to amending Chapter 16, Section 16-34 of the Revised Ordinances entitled “Classification of Positions” by changing the classification of the Building Inspector from S-7 to S-8. Councillor Lanciani said he is in favor of this position for Mr. Charpentier. He said that the Building Department gets many calls and people in the office. He said that both Building Inspectors go to classes and keep updated on the building codes. He said we are very fortunate to have Mr. Chapentier. Councillor Lanciani said he strongly supports this petition. No one in the audience spoke in favor or opposition. HEARING ADJOURNED: 7:15 P.M. Lynn A. Bouchard, City Clerk and Clerk of the City Council HEARING BEFORE THE CITY COUNCIL, MAY 8, 2006 Hearing opened at 7:16 P.M. with Councillor Freda, Clerk of the Public Service Committee, presiding. All members were present except Councillor Marchand and Nickel. The following PETITION was the subject of the hearing. 69-06 National Grid and Verizon New England, Inc.: Claudine Road: Install one jointly owned pole on Claudine Road beginning at a point approximately 202 feet north of the intersection of Isabell Circle. Iris Price, representing National Grid, spoke in support. Ms. Price said that they will be installing a pole on Isabell Circle for a new house being built. She said this will be the last new house on Isabell Circle. No Councillors spoke. HEARING ADJOURNED: 7:18 P.M. Lynn A. Bouchard, City Clerk and Clerk of the City Council HEARING BEFORE THE CITY COUNCIL, MAY 8, 2006 Hearing opened at 7:19 P.M. with Councillor Dombrowski, Clerk of the Legal Affairs Committee, presiding. All members were present except Councillor Marchand and Nickel. The following PETITION was the subject of the hearing. 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. Introduced and made part of the record were the following: A. Petition 60-06 submitted by Susan M. Harding, 8 Electric Avenue, Leominster, MA with accompanying plan prepared by South Water Design Group, 496 Stafford Street, Cherry Valley, MA dated April 6, 2006. B. Notice of public hearing published in the Sentinel & Enterprise on April 24, 2006 and May 1, 2006. C. Positive recommendations were received from the Fire Department and the Health Department. The Department of Inspections gave a positive recommendation with the following conditions: 1) No filling or paving within the flood plain; (2) No overnight storage of cars after auction; (3) That the number of cars be limited on the day of the auction; and (4) A Special Permit is granted by the Zoning Board of Appeals. Kevin McMannis, an engineer with Southwater Design and Construction was present as well as the petitioner, Susan Harding. Mr. McMannis said the site is an existing trucking terminal facility on 34 Mohawk Drive. Mr. McMannis said they are proposing to use this for a wholesale auto sales facility. He explained that because the building is close to the river and being in the floodplain, the existing conditions of the building will remain the same and there will only be slight alterations to the grading to remove any puddles or anything that would lead to standing water at that area. He said there are two small piles of dirt that they would propose to remove. Mr. McMannis said other than that, they propose to use the existing facility as it is. He said they are going to go through the sprinkler and fire alarm systems as required by the Fire Department. Mr. McMannis said they will be using the facility one night a week for a wholesale auto sales retail facility. He said there will only be one 24 hour period per week that vehicles will be at the facility. He said that in adverse weather conditions, they would cancel the sales of vehicles for that night to prevent any vehicles from being in the floodplain area. Councillor Dombrowski suggested that they continue the public hearing because two members of the City Council are not here tonight due to illness and they are still waiting for two recommendations, one from the License Commission and one from the Conservation Commission. Councillor Dombrowski said he believes that the Planning Board recommended denial because they had not seen a Site Plan. He said if they continue the hearing it would give the Planning Board time to review the site plan and send in a recommendation. He said the Planning Board recommendation is very important with regards to parking and snow removal. Mr. McMannis asked when the next hearing would be. Councillor Rowlands said he has a list of conditions from Mr. Cataldo, the Building Inspector and a letter from the Planning Director saying that they recommended denial because have not seen the site plan and storage in the floodplain of 150 cars didn’t make this a good location. Councillor Rowlands said that this will have to be discussed in subcommittee and he feels there will have to be a lot of work to be done to pass this petition. HEARING ADJOURNED: 7:33 P.M. and continued until June 12, 2006 at 6:30 P.M. Lynn A. Bouchard, City Clerk and Clerk of the City Council REGULAR MEETING OF THE CITY COUNCIL, MAY 8, 2006 Meeting called to order at 8:00 P.M. Attendance was taken by a roll call vote; all members present except Councillors Marchand and Nickel. The Committee on Records reported that the records were examined through April 24, 2006 and found to be in order. The records were accepted. The following COMMUNICATION was received, referred to the FINANCE COMMITTEE and given REGULAR COURSE. C-121 Relative to the appropriation of $5,000.00 to the Wire Department Overtime Account; same to be transferred from the Excess and Deficiency Account. The following COMMUNICATION was received, referred to the CITY PROPERTY COMMITTEE and given REGULAR COURSE. C-122 Dean J. Mazzarella, Mayor: Request that the property at 62-66 Spruce Street, shown on Assessors Map 40, as Lot 1, be declared surplus and made available for sale according to Massachusetts General Laws, Chapter 30B, Section 16. The following PETITION was received, referred to the WAYS & MEANS COMMITTEE given REGULAR COURSE and referred to the Mayor and the City Solicitor. 73-06 David E. Rowlands: Amend Chapter 2, Article XVI – Planning Board, Section 2-65 of the Revised Ordinances, entitled “Establishment; appointment and terms of members” to change the composition, requirements, and length of term for Planning Board members. The following PETITIONS were received, referred to the WAYS & MEANS COMMITTEE and given REGULAR COURSE. 74-06 Cindy Dagostino: Renew the second hand dealers license for Record Town d/b/a Strawberries located at 55 Sack Boulevard. 75-06 Claire Fusco: Renew the license for six pool tables at Tiki Hut Lounge, 21 Sack Boulevard. The following APPOINTMENTS were received, referred to the WAYS & MEANS COMMITTEE and given REGULAR COURSE. Historical Commission - Kate Griffin Brooks – term to expire April 15, 2009. Wastewater Commission - Jeffrey Dauphinais – term to expire April 15, 2009. Cultural Commission - Amy LaBarge – term to expire April 15, 2009. Upon recommendation of the FINANCE COMMITTEE, the following COMMUNICATIONS were GRANTED and ORDERED. Vt. 7 “yeas”. C-115 Relative to the appropriation of $5,000.00 to the Street Cleaning 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 Street Cleaning Expense Account; same to be transferred from the Excess and Deficiency Account. C-116 Relative to the appropriation of $25,000.00 to the Highway General Overtime Account; same to be transferred from the Snow and Ice Overtime Account. ORDERED: that the sum of Twenty Five Thousand Dollars ($25,000.00) be appropriated to the Highway General Overtime Account; same to be transferred from the Snow and Ice Overtime Account. C-117 Relative to the appropriation of $13,000.00 to the City Clerk Expense Account; same to be transferred from the Election and Registration Expense Account. ORDERED: that the sum of Thirteen Thousand Dollars ($13,000.00) be appropriated to the City Clerk Expense Account; same to be transferred from the Election and Registration Expense Account. RE: Copy machine C-118 Relative to the appropriation of $3,000.00 to the Cemetery Expense Account; same to be transferred from the Cemetery Perpetual Care Income Trust Fund Account. ORDERED: that the sum of Three Thousand Dollars ($3,000.00) be appropriated to the Cemetery Expense Account; same to be transferred from the Cemetery Perpetual Care Income Trust Fund Account. REGULAR MEETING OF THE CITY COUNCIL, MAY 8, 2006, continued. C-119 Relative to the appropriation of $515.00 to the Health Department Expense Account; same to be transferred from the Excess and Deficiency Account. ORDERED: that the sum of Five Hundred Fifteen Dollars ($515.00) be appropriated to the Health Department Expense Account; same to be transferred from the Excess and Deficiency Account. RE: Community Noise Enforcement Certification Course C-120 Relative to the appropriation of $57,385.00 to the School Department Transportation Expense Account; same to be transferred from the Excess and Deficiency Account. ORDERED: that the sum of Fifty Seven Thousand Three Hundred Eighty Five Dollars ($57,385.00) be appropriated to the School Department Transportation Expense Account; same to be transferred from the Excess and Deficiency Account. RE: Third Quarter FY05 reimbursement not received until September FY 2006. Upon recommendation of the PUBLIC SERVICE COMMITTEE, the following PETITION was GRANTED. Vt. 7/0. 69-06 National Grid and Verizon New England, Inc.: Claudine Road: Install one jointly owned pole on Claudine Road beginning at a point approximately 202 feet north of the intersection of Isabell Circle. Upon request of the LEGAL AFFAIRS COMMITTEE, the following PETITION was TABLED. Vt. 7/0. A hearing is scheduled for June 12, 2006 at 6:45 P.M. 70-06 John Souza and Kate Griffin-Brooks, on behalf of the Leominster Planning Board: Amend Section 24.2.5 of the Leominster Zoning Ordinance entitled Mixed Use Development by 1.) adding after the first sentence in Section 24.2.5.1 “Wetlands, as determined by the Conservation Commission shall not be considered in the density calculations” 2.) adding a new Section 24.2.5.3 allowing a property included on a Master Plan for the purpose of Mixed Use to be only used once for density calculations and 3.) adding a new Section 24.2.5.4 stating any further amendments, changes or revisions on completed projects are governed by the Leominster Zoning Ordinance with notification to the Planning and Development Department. Upon recommendation of the PUBLIC SAFETY & CITY PROPERTY COMMITTEES, the following PETITION was GRANTED. Vt. 7/0. 71-06 Richard M. Marchand on behalf of the Leominster Downtown Corporation: Request the use of the City Hall Parking Lot, the John Tata Auditorium, the city parking lot located between the First Church Unitarian and the First Baptist Church, Monument Square Park, and the city streets identified as Main Street to School Street, Park Street from Main Street to West Street, and Church Street from the intersection of West Street for a distance approximately fifty feet in a direction toward Merriam Avenue on September 16, 2006 with a rain date of September 30, 2006, from 6:00 A.M. to 6:00 P.M. to accommodate the 13th Annual Johnny Appleseed Arts and Cultural Festival. Upon request of the CITY PROPERTY COMMITTEE, the following PETITION was TABLED. Vt. 7/0. 72-06 Attorney Steven B. DiPace on behalf of the Richmond Company Inc.: Authorize the sale, exclusive easement or long term exclusive-use lease of twelve parking spaces on the city-owned parcel of land between Central Street and Adams Street and enter into a non-exclusive mutual cross-access easement for access to and from the proposed Walgreen’s land, the city-owned parking lot and the public ways abutting such land to be utilized exclusively by and for the benefit of the proposed new Walgreens which is to be constructed on the site currently occupied by Monty’s Restaurant which will be demolished as part of the area development plan. Upon recommendation of the WAYS & MEANS COMMITTEE, the following TEMPORARY RE-APPOINTMENTS were CONFIRMED. Vt. 7 “yeas.” Leominster Fire Department - Acting Chief Ronald M. Pierce, Acting Deputy Chief Gary Ranno, Acting Lieutenant Christopher Cameron The following ORDINANCE was read a second time, adopted as presented and passed to be ordained. Vt. 6 “yeas” and 1 “nay”; Councillor Rosa opposed. THE CITY OF LEOMINSTER In the year two thousand and six AN ORDINANCE Amending Chapter 16, Section 16-34 of the Revised Ordinances entitled “Classification of Positions.” Be it ordained by the City Council of the City of Leominster as follows: Chapter 16, Section 16-34 of the Revised Ordinances entitled “Classification of Positions” is hereby amended by changing the following classification: Personnel Director - from S-7 to S-8 __________________________________________________________________ REGULAR MEETING OF THE CITY COUNCIL, MAY 8, 2006, continued. The following ORDINANCE was read a second time, adopted as presented and passed to be ordained. Vt. 7 “yeas.” THE CITY OF LEOMINSTER In the year two thousand and six AN ORDINANCE Amending Chapter 16, Section 16-34 of the Revised Ordinances entitled “Classification of Positions.” Be it ordained by the City Council of the City of Leominster as follows: Chapter 16, Section 16-34 of the Revised Ordinances entitled “Classification of Positions” is hereby amended by changing the following classification: Building Inspector - from S-7 to S-8 __________________________________________________________________ Upon request of the PUBLIC SERVICE COMMITTEE, the following ORDER OF LAYOUT was given FURTHER TIME. Vt. 7/0. Order of Layout – Accept and approve the layout of Jordan’s Way. The following ORDINANCE was read once and adopted as presented. A hearing was scheduled for May 22, 2006 at 7:20 P.M. Vt. 7 “yeas.” 1st Reading Ordinance – Amend Chapter 21, Section 21-22.4, of the Revised Ordinances entitled “Water and Sewer” by deleting Section 21-22.4 subsections (a) through (c), in their entirety and inserting new subsections (a) through (e) to reflect changes in fees to individual units, condominium units, commercial and industrial construction within and outside the city of Leominster. The following ORDINANCE was read once and adopted as presented. A hearing was scheduled for May 22, 2006 at 7:30 P.M. Vt. 7 “yeas.” 1st Reading Ordinance – Amend Chapter 13, Section 13-77, of the Revised Ordinances entitled “Stop Signs” by inserting “Amidio Drive, against eastbound drivers at the intersection with Antonia Court.” Under New Business Councillor Freda said she has gotten telephone calls, referred to her by the building inspector, regarding existing In-Law apartments. She said that the building inspector should have contacted her, himself, regarding flaws in the ordinance that need to be looked at. She said that this ordinance was looked at by the building inspector, the City Solicitor and referred to a number of people. She said when the council granted that ordinance they thought they were grandfathering exiting in-law units and only a notarized letter would be required so it would be known where the units were. Councillor Freda said there are some issues with this ordinance and we need to take a look at it right away. She said she feels the council made their intentions very clear in regards to grandfathering existing units. Councillor Salvatelli said they received a letter from the Economic Development Coordinator saying that the community has lost the $500,000.00 Urban Self Help Grant for the 4.2 mile Twin City Rail Trail. He said the owners of the railroad, CSX Corporation, had their land appraisals extremely high and were not willing to negotiate. He said the grant will be going to another community where it will be used in a positive way. Councillor Salvatelli said that the Leominster Art Association had a remarkable display last weekend. He said the Art Association should be acknowledged for it. Councillor Freda said the Annual Conference and Business Meeting of the District 7910 Rotary, 54 Clubs, was held at the Sheraton this past weekend. She said they went to different areas in Leominster and that the people were impressed with our city. Councillor Lanciani said the wheels for the cannon in Carter Park are in and will be put back on the cannon in time for Memorial Day. Councillor Freda, Clerk of the PUBLIC SERVICE COMMITTEE, and Councillor Dombrowski, Clerk of the LEGAL AFFAIRS COMMITTEE, moved that the following PETITION be removed from the table and placed on the calendar for action. It was so voted 7/0. Committee reports as follows: 38-06 Christopher Grunditz: Request that Cedar Road, a paper street, be discontinued. LEAVE TO WITHDRAW without prejudice. Vt. 7/0. REGULAR MEETING OF THE CITY COUNCIL, MAY 8, 2006, continued. Councillor Dombrowski, Clerk of the LEGAL AFFAIRS COMMITTEE, moved that the following PETITION be removed from the table and placed on the calendar for action. It was so voted 7/0. Committee reports as follows: 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. FURTHER TIME. Vt. 7/0. Councillor Freda, Chair of the WAYS & MEANS COMMITTEE, moved that the following PEITITION be removed from the table and placed on the calendar for action. It was so voted 7/0. Committee reports as follows: 30-05 David Rowlands: Require that no person be appointed to the Planning Board, Conservation Commission or the Zoning Board of Appeals unless that person is a resident of the City and if after being appointed, that person no longer resides in the city, that seat shall automatically be deemed vacant. LEAVE TO WITHDRAW. Vt. 4 “yeas” and 3 “nays”; Councillors Rosa, Dombrowski and Rowlands opposed. MEETING ADJOURNED: 9:10 P.M. ________________________________________________ Lynn A Bouchard, City Clerk and Clerk of the City Council