City Council

HEARING BEFORE THE CITY COUNCIL, NOVEMBER 27, 2006 Hearing opened at 6:52 P.M. with Councillor Rosa, Chair of the Finance Committee, presiding. All members were present; Councillor Marchand and Freda arrived late. The following PETITION was the subject of the hearing. C-21 Relative to determining the factor to be used in setting the Fiscal Year 2007 tax rate. Councillor Rosa explained that he and the Assessor, Walter Porier, had been going back and forth as to whether to hold the public hearing tonight or postpone the hearing. Councillor Rosa said that the state had sent a letter stating that Leominster was 11th in line to have their new growth certified and that certification would be late. He explained that certification was needed in order to set the rate. Councillor Rosa said the paperwork had been submitted in time to the state. Councillor Rosa said he was going to open the hearing up for public comment because notification of the public hearing was published in the Sentinel and Enterprise on November 13, 2006 and November 20, 2006. Frank Montolio, 168 Stuart Ave., spoke in favor of the single tax rate. He said that residential values have risen at a greater percentage than commercial/industrial. He said there are two factors that contribute to that which are 1) pure growth and 2) growth caused by market conditions. He said residential property grew nine times greater than commercial/industrial. Robert Bray, 511 Prospect Street, spoke in favor of the single tax rate but suggested that cities and towns petition the state representatives and legislature to have a more balanced tax rate by breaking it down into more classifications, ex: Residential, Business, Vacant Land and Industrial instead of just Residential and Commercial/Industrial, which it is now. Ed Gagne, 29 North Meadow Road, spoke in favor of the single tax rate. He said we are doing something right in Leominster and should keep it that way. Jessica Strunkin from the North Central MA Chamber of Commerce spoke in support of the single tax rate. No one in the audience spoke in opposition. Councillor Rosa read a portion of a letter from Marilyn H. Browne, Chief of the Massachusetts Department of Revenue, which stated that the City Council could hold the classification hearing at their own risk. Councillor Rosa said he doesn’t feel comfortable at this time making any comments. He said that his recommendation is to recess this public hearing and continue it until November 30, 2006 at 7:00 P.M. No other councilors spoke. HEARING ADJOURNED at 7:10 P.M. and continued until November 30, 2006 at 7:00 P.M. Lynn A. Bouchard, City Clerk and Clerk of the City Council HEARING BEFORE THE CITY COUNCIL, NOVEMBER 27, 2006 Hearing opened at 7:15 P.M. with Councillor Nickel, Chair of the Public Service Committee, presiding. All members were present. The following PETITION was the subject of the hearing. 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. Councillor Nickel explained that he received a letter from Mr. Dobie from National Grid asking that this public hearing be continued. He had a conflict and was not able to make the meeting tonight. No one in the audience spoke in favor or opposition. No Councillors spoke. HEARING ADJOURNED: 7:16 P.M. and continued until December 11, 2006 at 7:15 P.M. Lynn A. Bouchard, City Clerk and Clerk of the City Council HEARING BEFORE THE CITY COUNCIL, NOVEMBER 27, 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. Relative to amending 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. Frank Montolio, 168 Stuart Ave, said it has always been his understanding that the property owner is responsible for the sewer and water lines up to where his property ends and the City is responsible from the end of the owners property into the street and beyond. He wanted to know if this ordinance would change that in any way. Councillor Dombrowski said what this petition is doing is stating in writing what the actual policy is so that there is no further confusion. Councillor Salvatelli said that 20 – 25 years ago the Department of Public Works was responsible for the water and sewer lines right up to the house. He said that changed when the amount of workers decreased from about 120 to 55 workers approximately 15 years ago. The homeowners have been responsible for the water and sewer lines from their home to the street since that time; it just has never been in writing. Councillor Salvatelli said all this ordinance is doing is putting it in writing. HEARING ADJOURNED: 7:25 P.M. Lynn A. Bouchard, City Clerk and Clerk of the City Council REGULAR MEETING OF THE CITY COUNCIL, NOVEMBER 27, 2006 Meeting called to order at 8:00 P.M. Attendance was taken by a roll call vote; all members present. A recess was called at 8:01 to continue the public forum. Meeting reconvened at 8:03 P.M. The following COMMUNICATION was received, referred to the FINANCE COMMITTEE and given REGULAR COURSE. Upon recommendation of the FINANCE COMMITTEE the Emergency Preamble on the following COMMUNICATION was DENIED. Vt. 9/0. C-50 Relative to the appropriation of $125,000.00 to the Collective Bargaining Expense Account; same to be transferred from the Fiscal Year 2007 Revenue. The following COMMUNICATIONS were received, referred to the FINANCE COMMITTEE and given REGULAR COURSE. C-51 Relative to the appropriation of $7,800.00 to the Municipal Building Salary and Wages Account; same to be transferred from the Excess and Deficiency Account. C-52 Relative to the appropriation of $1,000.00 to the Recreation Department Expense Account; same to be transferred from the Excess and Deficiency Account. C-53 Relative to the appropriation of $4,000.00 to the Park Maintenance Overtime Expense Account; same to be transferred from the Excess and Deficiency Account. The following PETITION was received, referred to the LEGAL AFFAIRS COMMITTEE, given REGULAR COURSE and referred to the Building Inspector, the Planning Department, the Conservation Commission, the Assessor, the Department of Public Works and the Health Department. A hearing was scheduled for January 8, 2007 at 7:15 P.M. Vt. 9/0. 38-07 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 of Assessor’s Map 238 as Lot 6, for an auto repair garage. REGULAR MEETING OF THE CITY COUNCIL, NOVEMBER 27, 2006, continued Upon recommendation of the WAYS & MEANS COMMITTEE, the following APPOINTMENT was confirmed. Vt. 9 “yeas.” 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. (A Special Meeting was scheduled to continue the Public Hearing on November 30, 2006 at 7:00 P.M.) Vt. 9/0. C-21 Relative to determining the factor to be used in setting the Fiscal Year 2007 tax rate. Upon recommendation of the FINANCE COMMITTEE, the following COMMUNICATION was RATIFIED. Vt. 9 “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. Upon request of the FINANCE COMMITTEE, the following COMMUNICATIONS were given FURTHER TIME. Vt. 8 “yeas”, 1 “nay”; Councillor Lanciani opposed. 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. Upon request of the FINANCE COMMITTEE, the following COMMUNICATION was given FURTHER TIME. Vt. 7 “yeas”, 2 “nays”; Councillors Lanciani and Marchand opposed. 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. Upon request of the FINANCE COMMITTEE, the following COMMUNICATION was given FURTHER TIME. Vt. 7 “yeas”, 2 “nays”; Councillors Lanciani and Freda opposed. 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. Upon recommendation of the FINANCE COMMITTEE, the following COMMUNICATION was GRANTED and ORDERED. Vt. 9 “yeas.” 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. ORDERED: that the sum of Four Hundred Thousand Dollars ($400,000.00) be appropriated to the Interest on Loans Expense Account; same to be transferred from the Excess and Deficiency Account. Upon request of the FINANCE COMMITTEE, the following COMMUNICATION was given FURTHER TIME. Vt. 8 “yeas”,1 “nay”; Councillor Lanciani opposed. 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. Upon recommendation of the FINANCE COMMITTEE, the following COMMUNICATION was AMENDED Vt. 8 “yeas”, 1 “nay”; Councillor Lanciani opposed. AMENDED from $215,000.00 to $180,000.00. Upon recommendation of the FINANCE COMMITTEE the following COMMUNICATION was GRANTED and ORDERED. Vt. 8 “yeas”, 1 “nay”; Councillor Lanciani opposed. C-34 Relative to the appropriation of $180,000.00 to the Fire Department Capital Outlay Expense Account; same to be transferred from the Excess and Deficiency Account. ORDERED: that the sum of One Hundred Eighty Thousand Dollars ($180,000.00) be appropriated to the Fire Department Capital Outlay Expense Account; same to be transferred from the Excess and Deficiency Account. RE: These funds are requested for an ambulance for Rescue One. REGULAR MEETING OF THE CITY COUNCIL, NOVEMBER 27, 2006, continued Upon request of the FINANCE COMMITTEE, the following COMMUNICATION was given FURTHER TIME. Vt. 7 “yeas”, 2 “nays”; Councillors Lanciani and Freda opposed. 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. Upon recommendation of the FINANCE COMMITTEE, the following COMMUNICATION was GRANTED and ORDERED. Vt. 7 “yeas”, 2 “nays”; Councillors Lanciani and Rowlands opposed. 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. ORDERED: that the sum of Three Hundred and Two Thousand Dollars ($302,000.00) be appropriated to the School Department Capital Outlay Expense Account; same to be transferred from the Excess and Deficiency Account. Upon request of the FINANCE COMMITTEE, the following COMMUNICATION was given FURTHER TIME. Vt. 7 “yeas”, 2 “nays”; Councillors Lanciani and Freda opposed. 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. Upon recommendation of the FINANCE COMMITTEE, the following COMMUNICATION was GRANTED and ORDERED. Vt. 8 “yeas”, 1 “nay”; Councillor Freda opposed. 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. ORDERED: that the sum of Three Thousand Dollars ($3,000.00) be appropriated to the Cemetery Overtime Account; same to be transferred from the Excess and Deficiency Account. Upon recommendation of the FINANCE COMMITTEE, the following COMMUNICATION was GRANTED and ORDERED. Vt. 9 “yeas.” 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. ORDERED: that the sum of Eight Thousand Dollars ($8,000.00) be appropriated to the Police Department Anti-Drug Task Force Expense Account; same to be transferred from the Excess and Deficiency Account. RE: These funds are requested to match the Edward Byrne Memorial Local Enforcement Assistance Grant. Upon request of the FINANCE COMMITTEE, the following COMMUNICATIONS were given FURTHER TIME. Vt. 8 “yeas”, 1 “nay”; Councillor Lanciani opposed. 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. Upon request of the FINANCE COMMITTEE, the following COMMUNICATION was given LEAVE TO WITHDRAW. Vt. 8 “yeas”; Councillor Dombrowski abstained due to a possible conflict of interest. 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. REGULAR MEETING OF THE CITY COUNCIL, NOVEMBER 27, 2006, continued Upon recommendation of a Majority vote of the FINANCE COMMITTEE, the following COMMUNICATION was GRANTED. Vt. 5 “yeas”, 4 “nays”; Councillors Marchand, Rowlands, Dombrowski and Salvatelli opposed. The ORDER was ADOPTED. Vt. 6 “yeas”, 3 “nays”; Councillors Rowlands, Dombrowski, and Salvatelli opposed. A minority report for FURTHER TIME was denied. Vt. 4 “yeas”, 5 “nays”; Councillors Tocci, Nickel, Freda, Lanciani and Rosa opposed. 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. ORDERED: that the sum of One Thousand Five Hundred Dollars ($1,500.00) be appropriated to the Mayor’s Expense Account; same to be transferred from the Emergency Reserve Account. Upon recommendation of the FINANCE COMMITTEE, the following COMMUNICATION was RATIFIED. Vt. 9 “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. Upon request of the PUBLIC SERVICE COMMITTEE, the following PETITION was given FURTHER TIME. Vt. 9/0. 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. Upon request of the PUBLIC SERVICE COMMITTEE, the following PETITION was TABLED for study. Vt. 9/0. 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. Upon request of the LEGAL AFFAIRS COMMITTEE, the following PETITION was given FURTHER TIME. Vt. 9/0. 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. Upon request of the LEGAL AFFAIRS and WAYS & MEANS COMMITTEES, the following COMMUNICATION was given FURTHER TIME. Vt. 9/0. 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. Upon recommendation of the PUBLIC SAFETY COMMITTEE, the following COMMUNICATION was GRANTED. Vt. 9/0. 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. Upon recommendation of the PUBLIC SAFETY COMMITTEE, the following PETITION was GRANTED. Vt. 9/0. 37-07 Claire Freda: Place a street light at nearest pole to 32 Sharimar Drive. The following ORDINANCE was read a second time, adopted and passed to be ordained. Vt. 9 “yeas.” THE CITY OF LEOMINSTER In the year two thousand and six AN ORDINANCE Amending Chapter 21of the Revised Ordinances entitled “Water and Sewers.” Be it ordained by the City Council of the City of Leominster as follows: Chapter 21 of the Revised Ordinances entitled “Water and Sewers” is hereby amended by deleting Section 21-13(b) in its entirety and by inserting in its place the following: REGULAR MEETING OF THE CITY COUNCIL, NOVEMBER 27, 2006, continued. Section 21-13(b) Regulations for Use of Water Service pipes shall be of such sizes and materials as the Director shall determine. All work shall be done by an insured and cash security contractor approved by the Department. All expense of laying such pipe from the main to and through the cellar wall or to other place desired, together with the cost of the same and of the stopcock and value shall be paid by the applicant and inspected and approved by the Department. The entire cost of any service of a seasonal or temporary nature such as a construction trailer shall be paid by the applicant. The service pipe and any valve to the premises served shall be installed and maintained by the customer at his expense and shall be owned by the customer. The customer shall be responsible for his service pipe and the Department will not perform repairs or new installations on private property. ______________________________________________________________________ Under Old Business Councillor Marchand said there was a resident of Leominster who submitted a petition for a Demolition delay By-Law, Petition #97-06. Councillor Marchand said he has received communications back from the petitioner and also the Historical Commission. He said the agenda through the rest of the year is very busy and that we will have to deal with this in the next year. Councillor Marchand said he has a resident off of Hamilton Street where the illumination is too low on the street light and asked if he has to petition the City Council to get that illumination changed or is that something we can work out with National Grid with the Mayors permission. Councillor Lanciani said he thinks that is something that can be worked out through the Mayors office. Councillor Rowlands said he had the same problem and he needed to get the pole number and he got it resolved through the Mayors office. Lynn Bouchard, City Clerk, said she received a call from Kopleman & Paige relative to an agreed upon remand from the Land Court in the Susan M. Harding Appeal. The following findings, based upon the information available during the public hearing, were read into the record and continued until the Special Meeting on November 30, 2006. MOVED THAT, in accordance with an agreed upon remand from the Land Court, the City Council make the following findings, based upon the information available during the public hearing on the Harding application: 1. The subject property is located in the Industrial District at the intersection of Mohawk Drive and Lock Drive. There is an exiting building on the subject property. 2. The subject property was previously used for a long distance trucking facility. 3. The applicant does not own the subject property. 4. The applicant seeks to move her existing business, Trade One Auto Auction, from its present location in Worcester to the subject property. 5. The vehicles to be auctioned would be stored outside the existing building. 6. The vehicles to be auctioned would include cars, suvs, and trucks in the F150 and F450 size range. 7. The auction sales would involve the brokering of vehicle sales between licensed dealers, with 30-35 dealers participating at each auction. 8. The vehicles for auction could be stored on the property for up to two weeks. 9. Neither “Wholesale Auto Sales” nor “Auto Auction” are specifically listed in the Section 22-26 Table of Uses for Business uses as being a use permitted either by right or by special permit in any of the Residence, Business, Commercial or Industrial Districts. 10. Section 22-16.10 of the Zoning Ordinance authorizes the City Council to grant a special permit to allow the use of an existing building in an Industrial or Commercial District for a use not otherwise permitted in the district in which the building is located, but only for a use which is one of the specific uses itemized in the Table of Uses for Business Uses as being permitted by right or as being allowed subject to a special permit. 11. Section 22-16.10 also requires that, in granting a special permit under that section, the City Council must find (a) that the proposed use is not substantially more detrimental to the neighborhood than the prior use, and (b) that no reasonable industrial alternative is available to the applicant. 12. The applicant here did not provide information to the Council demonstrating the lack of a reasonable alternative industrial use of the building. Rather, the information provided to the Council indicated that the applicant (who does not own the property) simply wishes to relocate her auto auction business to the property. 13. The proposed use of the property may not be authorized under Section 22-16.10 for the following reasons: (a) The proposed use is not among those specifically listed in the Table of Uses as being allowed by right or with a special permit in the Residence, Business, Commercial or Industrial Districts;  REGULAR MEETING OF THE CITY COUNCIL, NOVEMBER 27, 2006, continued. (b) The proposed use would be conducted substantially outside the existing building, an is, therefore, not within the intent and scope of Section 22-16.10 which only authorizes a special permit for the use of an existing building; (c) The applicant presented no evidence to enable the Council to find that there is no reasonable alternative industrial use of the building available. To the contrary, the property is located in a viable industrial park, where all other tenants use their properties for industrial uses as qualified by the existing industrial tenants who spoke. (d) The proposed use would be substantially more detrimental to the neighborhood than any prior uses because of the increased amount of consumer traffic in an industrial park. The following ORDINANCE was read once and adopted as presented and ordered published. A hearing was scheduled for December 11, 2006 at 7:20 P.M. Vt. 9 “yeas.” 1st Reading Ordinance – amend Chapter 16, Section 16-34 of the Revised Ordinances entitled “Classification of Positions” by deleting the classification of Secretary (mayor’s secretary) – S3 and inserting in its place Mayoral Aide – S4. (Legal Affairs # C-17) Under New Business Councillor Salvatelli just wanted to remind the Council that they will be going into Executive Session at the December 11, 2006 meeting. Councillor Marchand, Chair of the LEGAL AFFAIRS COMMITTEE, and Councillor Lanciani, Chair of the PUBLIC SAFETY COMMITTEE, moved that the following PETITIONS be removed from the table and placed on the calendar for action. It was so voted 9/0. Committee reports as follows: 79-05 Claire Freda: Amend Section 12-2 of the Revised Ordinances entitled “Fees-Schedule” by adding 7(b)(1) Any license or permit to store chemicals in solid, liquid or gaseous form with the intent that these chemicals be used in any type of manufacturing must be reviewed by the City Council every five years. TABLED until January 22, 2007, and referred to the Building Inspector, Conservation Commission, the Health Department and the Fire Department. Vt. 9/0. 80-05 Claire M. Freda: Amend Chapter 12 Section 12-1 by adding Sections 12-1 (f through I); (f) any applicant requesting a permit or license to store chemicals in solid, liquid or gaseous form to be used in any type of manufacturing shall be required to provide a comprehensive scope to determine type of work to be done on site; (g) any business entity requesting permit or license that requires storage of any chemicals in solid, liquid or gaseous form with the intent that they be used in any type of manufacturing shall not be granted license until application is reviewed by an independent expert in the field as determined by the City Council at the proponents expense; (h) any Company deemed to be creating a hazardous environment as defined by independent expert shall not be allowed to locate within 1,000 feet of a residential area, school, or daycare center; (I) Employees Right To Know will be on file in the City Clerk’s Office. TABLED until January 22, 2007, and referred to the Building Inspector, Conservation Commission, the Health Department and the Fire Department. Vt. 9/0. MEETING ADJOURNED: 10:11 P.M. ________________________________________________ Lynn A Bouchard, City Clerk and Clerk of the City Council