City Council

HEARING BEFORE THE CITY COUNCIL, NOVEMBER 13, 2006 Hearing opened at 7:04 P.M. with Councillor Freda, Clerk of the Public Service Committee, presiding. All members were present except Councillor Nickel. The following PETITION was the subject of the hearing. 30-07 National Grid and Verizon New England, Inc.: First Avenue: Install one jointly owned pole on First Avenue beginning at a point approximately 200 feet south of the centerline of the intersection of Mechanic Street. Ken Dobie from National Grid was present. Mr. Dobie said they need to install a new pole to service a new home that was built there. No Councillors spoke. HEARING ADJOURNED: 7:06 P.M. Lynn A. Bouchard, City Clerk and Clerk of the City Council HEARING BEFORE THE CITY COUNCIL, NOVEMBER 13, 2006 Hearing opened at 7:08 P.M. with Councillor Marchand, Chair of the Legal Affairs Committee, presiding. All members were present except Councillor Nickel. The following PETITION was the subject of the hearing. Relative to amending Chapter 16, Section 16-31 of the Revised Ordinances entitled “Method of Step Advances” by adding subsection (e) Officers and employees with positions classified in the “S” classification plan that are promoted or transferred to a different position with the “S” classification plan shall be entitled to advance to the next scheduled step for their new position on the subsequent July 1st, notwithstanding that they may have held their new position for less than twelve months. No one in the audience spoke in favor or opposition. No Councillors spoke. HEARING ADJOURNED: 7:10 P.m. Lynn A. Bouchard, City Clerk and Clerk of the City Council HEARING BEFORE THE CITY COUNCIL, NOVEMBER 13, 2006 Hearing opened at 7:15 P.M. with Councillor Marchand, Chair of the Legal Affairs Committee, presiding. All members were present except Councillor Nickel. The following PETITION was the subject of the hearing. 32-07 Segundo Gutierrez, Jr., on behalf of Ronald C. Largey: Grant a Special Permit to use an existing building located at 146 Hamilton Street, located in an Industrial zone and shown on Assessor’s Map 238 as Lot 6, for an auto repair garage and an additional Special Permit for automobile storage within the Flood Plain. The petitioner was not present. No one from the audience spoke in favor or opposition. Councillor Dombrowski said he believes they have not received all of the things that are required for this petition. He said that his understanding from talking to the building inspector is that the improvements that the petitioner would be required to make to the property would almost make it economically unfeasible. Councillor Rowlands said that this is an existing, non-conforming business that goes back quite a few years. He said the petition in front of us is for a Special Permit under the new ordinance that was passed regarding a facility that is not allowed at all in Industrial in the table of uses. Councillor Rowlands said the car storage at that property in the floodplain could be a problem so close to the river, but that it has been that way for years. He said he tends to look at this as a non-conforming, existing facility which does not require a special permit from the City Council. Councillor Dombrowski said it is a pre-existing non-conforming use but that there is a big difference between selling cars and repairing cars. He said the petitioner wants to repair cars on that property and that is a whole different issue. Councillor Dombrowski said that the improvements that would be required would be disposal of waste oil and things of that nature. Councillor Rowlands said this is coming before them as a “Change of Use” special permit for a use in an industrial building that had no other reasonable industrial use. He said there is also the Special Permit for a floodplain. Councillor Lanciani asked if a site plan had been submitted. Councillor Marchand said an old site plan had been submitted by that the petitioner had been asked to update it. Councillor Marchand said for the record, Mr. Gutierrez had been notified by mail, and the City Clerks office had spoken to him on the phone directly, in regards to the public hearing this evening. Councillor Lanciani said after talking with the building inspector, he learned that it was going to be a full service repair station versus what Mr. Largey had as a used car business. He said grease traps would have to be installed and also catch basins. Councillor Lanciani said that since the petitioner was not present, how long would this petition stay on the agenda. Councillor Marchand said that the Council would have to look at the legal status of the decision making process. He said they have received some referrals back from a few department heads regarding this petition. Councillor Marchand said that he is going to ask Councillor Dombrowski to clarify four or five key points, to be stated on the record, if their decision is to deny this petition. HEARING ADJOURNED: 7:24 P.M. REGULAR MEETING OF THE CITY COUNCIL, NOVEMBER 13, 2006 Meeting called to order at 8:00 P.M. Attendance was taken by a roll call vote; all members present except Counicllor Nickel. A recess was called at 8:01 to continue the public forum. Meeting reconvened at 8:06 P.M. The following COMMUNICATION was received under EMERGENCY PREAMBLE and referred to the FINANCE COMMITTEE. Vt. 8/0. Upon recommendation of the FINANCE COMMITTEE the following COMMUNICATION was GRANTED with an Emergency Preamble and ORDERED. Vt. 8 “yeas.” C-27 Relative to the appropriation of $548,893.98 to the Wastewater Capital Outlay Expense Account; same to be transferred from the Excess and Deficiency Account. ORDERED: that the sum of Five Hundred Forty Eight Thousand Eight Hundred Ninety Three Dollars and Ninety Eight Cents ($548,893.98) be appropriated to the Wastewater Capital Outlay Account; same to be transferred from the Excess and Deficiency Account. The following COMMUNICATIONS were received, referred to the FINANCE COMMITTEE and given REGULAR COURSE. C-28 Relative to the appropriation of $594,918.64 to the School Department Transportation Expense Account; same to be transferred from the Excess and Deficiency Account. C-29 Relative to the appropriation of $316,980.11 to the Water Department Capital Outlay Expense Account; same to be transferred from the Excess and Deficiency Account. C-30 Relative to the appropriation of $5,000.00 to the Building Inspectors Expense Account; same to be transferred from the Excess and Deficiency Account. C-31 Relative to the appropriation of $130,000.00 to the Debt Service Principle Expense Account; same to be transferred from the Excess and Deficiency Account. C-32 Relative to the appropriation of $400,000.00 to the Interest on Loans Expense Account; same to be transferred from the Excess and Deficiency Account. C-33 Relative to the appropriation of $120,000.00 to the School Department Expense Account; same to be transferred from the Excess and Deficiency Account. C-34 Relative to the appropriation of $215,000.00 to the Fire Department Capital Outlay Expense Account; same to be transferred from the Excess and Deficiency Account. C-35 Relative to the appropriation of $200,000.00 to the Police Department Capital Outlay Expense Account; same to be transferred from the Excess and Deficiency Account. C-36 Relative to the appropriation of $302,000.00 to the School Department Capital Outlay Expense Account; same to be transferred from the Excess and Deficiency Account. C-37 Relative to the appropriation of $120,000.00 to the DPW Capital Outlay Expense Account; same to be transferred from the Excess and Deficiency Account. C-38 Relative to the appropriation of $3,000.00 to the Cemetery Overtime Account; same to be transferred from the Excess and Deficiency Account. C-39 Relative to the appropriation of $8,000.00 to the Police Department Anti-Drug Task Force Expense Account; same to be transferred from the Excess and Deficiency Account. C-40 Relative to the appropriation of $12,000.00 to the Emergency Management Expense Account; same to be transferred from the Excess and Deficiency Account. C-41 Relative to the appropriation of $200,000.00 to the School Department Expense Account; same to be raised by FY 2007 Revenue. C-42 Relative to the appropriation of $30,000.00 to the Medicare Insurance Expense Account; same to be raised by FY 2007 Revenue. C-43 Relative to the appropriation of $20,000.00 to the Unemployment Expense Account; same to be raised by FY 2007 Revenue. C-44 Relative to the appropriation of $30,000.00 to the Insurance Expense Account; same to be raised by FY 2007 Revenue. REGULAR MEETING OF THE CITY COUNCIL, NOVEMBER 13, 2006, continued C-45 Relative to the appropriation of $2,900.00 to the Planning Department Expense Account; same to be transferred from the Emergency Reserve Account. C-46 Relative to the appropriation of $1,500.00 to the Mayor’s Expense Account; same to be transferred from the Emergency Reserve Account. The following COMMUNICATION was received under EMERGENCY PREAMBLE and referred to the FINANCE COMMITTEE. Vt. 8/0. Upon recommendation of the FINANCE COMMITTEE the following COMMUNICATION was GRANTED with an Emergency Preamble and ORDERED. Vt. 8 “yeas.” C-47 Relative to the appropriation of $150,000.00 to the Gallagher Building Capital Outlay Expense Account; same to be transferred from the Gallagher Building Revolving Fund. ORDERED: that the sum of One Hundred Fifty Thousand Dollars ($150,000.00) be appropriated to the Gallagher Building Capital Outlay Expense Account; same to be transferred from the Gallagher Building Revolving Fund. The following COMMUNICATION was received, referred to the LEGAL AFFAIRS COMMITTEE, given REGULAR COURSE and referred to the Mayor and the Water and Sewer Commission. C-48 Dean J. Mazzarella, Mayor: Accept the Intermunicipal Agreement between the City of Leominster and the Town of Lancaster which outlines the terms and conditions of providing wastewater treatment services to the Town of Lancaster. The following COMMUNICATION was received, referred to the PUBLIC SAFETY COMMITTEE, given REGULAR COURSE and referred to the Police Department, the Fire Department and the Department of Public Works. C-49 Dean J. Mazzarella, Mayor: Request that the following streets be closed to traffic for the first annual Holiday Stroll on December 9, 2006 from 4:00 P.M. to 7:00 P.M. as follows:  Central Street from approximately Tory’s Steak through Monument Square  Main Street from the corner of Mechanic Street to Depot Square.  Main Street from the corner of Depot Square to Columbia Street. The following PETITION was received, referred to the PUBLIC SERVICE COMMITTEE and given REGULAR COURSE. A hearing was scheduled for November 27, 2006 at 7:15 P.M. Vt. 8/0. 35-07 National Grid: Fourth Street: Install one solely owned pole on Fourth Street beginning at a point approximately 123 feet north of the centerline of the intersection of Ridge Street. The following PETITION was received, referred to the LEGAL AFFAIRS COMMITTEE, given REGULAR COURSE and referred to the Water and Sewer Commission. 36-07 Roger H. Brooks: Increase the water user rate from $1.75 to $2.15 effective January 1, 2007 due to declining consumption and pending expenses necessary to comply with the Safe Drinking Water Act. The following PETITION was received, referred to the PUBLIC SAFETY COMMITTEE, given REGULAR COURSE and referred to the Department of Public Works and the Mayor. 37-07 Claire Freda: Place a street light at nearest pole to 32 Sharimar Drive. The following APPOINTMENT was received, referred to the WAYS & MEANS COMMITTEE and given REGULAR COURSE. Robert L. Larose – Leominster Council on Aging – term to expire April 15, 2008. Upon request of the FINANCE COMMITTEE, the following COMMUNICATION was given FURTHER TIME. Vt. 8/0. C-21 Relative to determining the factor to be used in setting the Fiscal Year 2007 tax rate. (Hearing scheduled for November 27, 2006 at 6:45 P.M.) REGULAR MEETING OF THE CITY COUNCIL, NOVEMBER 13, 2006, continued Upon request of the FINANCE COMMITTEE, the following COMMUNICATIONS were GRANTED and ORDERED. Vt. 8 “yeas.” C-24 Relative to the appropriation of $2,000.00 to the Conservation Expense Account; same to be transferred from the Wetland Fees Reserved for Appropriation Account. ORDERED: that the sum of Two Thousand Dollars ($2,000.00) be appropriated to the Conservation Expense Account; same to be transferred from the Wetland Fees Reserved for Appropriation Account. C-25 Relative to the appropriation of $400.00 to the Health Department Expense Account; same to be transferred from the Emergency Reserve Account. ORDERED: that the sum of Four Hundred Dollars ($400.00) be appropriated to the Health Department Expense Account; same to be transferred from the Emergency Reserve Account. Upon request of the PUBLIC SERVICE COMMITTEE, the following PETITION was TABLED for study. Vt. 8/0. 25-07 Roger Lucier: Accept and approve the layout of “Harbor Light Road” as a public way. Upon recommendation of the PUBLIC SERVICE COMMITTEE, the following PETITION was GRANTED. Vt. 8/0. 30-07 National Grid and Verizon New England, Inc.: First Avenue: Install one jointly owned pole on First Avenue beginning at a point approximately 200 feet south of the centerline of the intersection of Mechanic Street. Upon request of the PUBLIC SERVICE COMMITTEE, the following PETITION was TABLED for study. Vt.8/0. 31-07 Paul DiGeronimo, Lord Nelson Corporation and Johnny Appleseed Realty, LLC: Accept a deed and approve the layout of Richard Road, a portion of Montrose Street and a portion of Sawtelle Road as public ways. Upon recommendation of the LEGAL AFFAIRS COMMITTEE, the following COMMUNICATIONS were GRANTED. Vt. 8/0. C-17 Dean J. Mazzarella, Mayor: Amend Chapter 16, Section 16-34, of the Revised Ordinances to change the classification of Secretary (mayor’s secretary) from an S-3 to an S-4 and amend the job title to Mayoral Aide. C-26 Dean J. Mazzarella, Mayor: Request that a donation account be established for Traffic/Signal Improvements as authorized by Massachusetts General Laws, Chapter 44, Section 53A. Upon recommendation of the LEGAL AFFAIRS COMMITTEE, the following PETITION was given LEAVE TO WITHDRAW without prejudice. Vt. 8 “yeas.” 32-07 Segundo Gutierrez, Jr., on behalf of Ronald C. Largey: Grant a Special Permit to use an existing building located at 146 Hamilton Street, located in an Industrial zone and shown on Assessor’s Map 238 as Lot 6, for an auto repair garage and an additional Special Permit for automobile storage within the Flood Plain. Upon recommendation of the LEGAL AFFAIRS COMMITTEE, the following PETITION was given LEAVE TO WITHDRAW without prejudice. Vt. 8/0. 33-07 William C. (Bud) Taylor II: Adopt an Ordinance requiring all appropriations over one million dollars ($1,000,000.00) that effect property taxes levied by the City of Leominster be affirmed by vote for a debt exclusion through a ballot put before the entire electorate in the City of Leominster prior to the appropriation legally being place on the City Council agenda for approval and this ordinance shall have no exception to it. Upon recommendation of the LEGAL AFFAIRS COMMITTEE, the following PETITION was GRANTED as AMENDED Vt. 8/0. Amended to add “I further petition the Honorable City Council to accept a new local option G.L. c. 59 ss5L, that gives Massachusetts National Guardsmen and reservists deployed outside the State, or their dependents, up to 180 days after that service to pay their property taxes without interest or penalties.” 34-07 Dennis A. Rosa: Research the feasibility and cost of implementing Local Tax Exemptions for Veterans, Chapter 260 of the Acts of 2006, as amended by Chapter 310, §8, 33 and 34 of the Acts of 2006, which includes a new local option; G.L. c.59, §5L, that gives Massachusetts National Guardsmen and reservists deployed outside the State, or their dependents, up to 180 days after that service to pay their property taxes without interest or penalties. REGULAR MEETING OF THE CITY COUNCIL, NOVEMBER 13, 2006, continued The following ORDINANCE was read a second time, adopted and passed to be ordained. Vt. 8 “yeas.” THE CITY OF LEOMINSTER In the year two thousand and six AN ORDINANCE Amending Chapter 16 of the Revised Ordinances entitled “Personnel.” Be it ordained by the City Council of the City of Leominster as follows: Section 16-31 of the Revised Ordinances entitled “Method of Step Advances” is hereby amended by inserting the following sentence: (e) Officers and employees with positions classified in the “S” classification plan that are promoted or transferred to a different position within the “S” classification plan shall be entitled to advance to the next scheduled step for their new position on the subsequent July 1st notwithstanding that they may have held their new position for less than twelve months. ______________________________________________________________________ The following ORDINANCE was read once and adopted as presented. A hearing was scheduled for November 27, 2006 at 7:20 P.M. Vt. 8 “yeas.” 1st Reading Ordinance – amend Chapter 21, Section 21-13 of the Revised Ordinances entitled “Regulation for use of Water” to reflect the homeowners responsibility for the maintenance of the water and sewer service pipe from the main in the street into the dwelling. The following ORDINANCE was read once and given LEAVE TO WITHDRAW without prejudice. Vt. 8 “yeas.” 1st Reading Ordinance – amend Chapter 14 of the Revised Ordinances entitled “Offenses – Miscellaneous” by adding Section 14-19 prohibiting pets at the Johnny Appleseed Arts and Cultural Festival and allowing the City Council to vote to extend this prohibition to other City events or specific public areas as public safety and convenience may require. Under New Business Councillor Freda said that the Breakfast of the Bands is Sunday, November 19, 2006 at the Fitchburg High School beginning at 8:00 A.M. Councillor Freda, Clerk of the PUBLIC SERVICE COMMITTEE, moved that the following PETITIONS be removed from the table and placed on the calendar for action. It was so voted 8/0. Committee reports as follows: 42-03 Claire M. Freda: Accept Danielle Drive and Evergreen Drive as public ways. LEAVE TO WITHDRAW Vt. 8/0. 56-04 Eric Wilhelmsen, Hannigan Engineering for J. Crowley Development: Grant a 20ft wide easement, across two parcels of city owned land, for the purpose of connecting a sewer main to an exiting pump station, shown on Assessors Map 382 as parcel 9, which is the site of the new middle school and a narrow strip of land shown as parcel 9A. LEAVE TO WITHDRAW Vt. 8/0. 45-06 Walter A. Fiore: Allow a sewer connection for land in Sterling, MA, owned by NMJ Realty Trust for a residential subdivision for homeownership, condominiums and apartment buildings. LEAVE TO WITHDRAW Vt. 7/0; Dombrowski abstained. 96-06 Bovenzi and Donovan on behalf of Sky Meadow Realty Trust: Accept the deed to Sky Lane and make Sky Lane a public way. FURTHER TIME Vt. 8/0. MEETING ADJOURNED: 10:30 P.M. ________________________________________________ Lynn A Bouchard, City Clerk and Clerk of the City Council