City Council

HEARING BEFORE THE CITY COUNCIL, MARCH 12, 2007 Hearing opened at 7:19 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. 60-07 National Grid and Verizon New England, Inc.: Pleasant Street: Install one jointly owned pole on Pleasant Street beginning at a point approximately 84 feet west of the centerline of the intersection of Pond Street. Ken Dobe from National Grid spoke in support. He said they are proposing, at the request of Verizon New England, Inc., to install a support pole to reinforce their line on Pleasant Street. HEARING BEFORE THE CITY COUNCIL, MARCH 12, 2007, continued. No one spoke in opposition. No Councillors spoke. HEARING ADJOURNED at 7:20 P.M. Lynn A. Bouchard, City Clerk and Clerk of the City Council HEARING BEFORE THE CITY COUNCIL, MARCH 12, 2007 Hearing opened at 7:21 P.M. with Councillor Rowlands, Chair of the Legal Affairs Committee, presiding. All members were present. The following PETITION was the subject of the hearing. 47-07 Joy Chiurri: Grant a Special Permit to allow construction of a residential dwelling at 5 Ruth Street, as shown on Assessors Map 441 as lot 61A; a special permit is required for a residential use in an Industrial Zone and will comply with Residential B Zoning Requirements. Councillor Rowlands said there has been a request from the petitioner, because of health issues, to delay this hearing until April 9, 2007 at 7:00 P.M. HEARING ADJOURNED and is continued until April 9, 2007 at 7:00 P.M. Lynn A. Bouchard, City Clerk and Clerk of the City Council HEARING BEFORE THE CITY COUNCIL, MARCH 12, 2007 Hearing opened at 7:22 P.M. with Councillor Rowlands, Chair of the Legal Affairs Committee, presiding. All members were present. The following PETITION was the subject of the hearing. 48-07 James Whitney, on behalf of 557 Lancaster Street Realty Trust: Grant a Special Permit to use an existing building located at 557 Lancaster Street, located in an Industrial zone and shown on Assessor’s Map 443 as lot A3, for a dog grooming business. Introduced and made part of the record were the following: A. Petition #48-07 submitted by James Whitney, 557 Lancaster Street Realty Trust, 557 Lancaster Street, Leominster, MA, with accompanying plan entitled “557 Lancaster Street Building Plot Plan” prepared by Larry R. Sabean, Professional Land Surveyor, Hannigan Engineering, Inc., 8 Monument Square, Leominster, MA dated January 13, 2006.  B. Notice of public hearing published in the Sentinel & Enterprise on February 19, 2007 and February 26, 2007. C. Letters of recommendation were received from the Planning Board, the Director of Inspections, the Police Department, the Conservation Commission, the Fire Department and the Treasurer and Collector. D. A recommendation from the Health Department said that they have no issues with the operation of a dog grooming facility in an industrial area if the wastewater is connected to the city sewage system and does not exceed any of the chemical limits set forth in the City Ordinance. HEARING BEFORE THE CITY COUNCIL, MARCH 12, 2007, continued. Councillor Rowlands said that they had a couple of questions at the Legal Affairs subcommittee meeting regarding the pasta business that is in that building. One of the concerns was the closeness of the pasta business to a dog grooming business. Councillor Rowlands said that the Health Department had no issues with that because there is a full separation in the building so that is a non-issue. Councillor Rowlands said the other issue that came up with the pasta business was if it was “allowed by right” because they manufacture the pasta there. He said he talked to the Building Inspector and he said that our laws allow for the commercial sale of products that are manufactured on site in an Industrial zone. Councillor Rowlands said it is different if you are selling wholesale and retail at an Industrial site and that the key thing is if you are manufacturing at the site. James Whitney, Trustee of 557 Lancaster Street Realty Trust, and Michael Lamarche, 87 Pleasant Terrace, were present. Mr. Whitney explained that Mr. Lamarche, and his family, are interested in opening a dog grooming business in the building at 557 Lancaster Street. Mr. Whitney said it is approximately 2,200 square feet and is on the far right hand side if looking at building from Lancaster Street. Mr. Whitney said he thinks this would be a good use for what they are trying to do in that area with low traffic in and out. Mr. Lamarche said he recently sold a business in Leominster that he operated for 34 ½ years on Lancaster Street. He said he is looking for something that is a little less time consuming. He explained that this would be a self serve dog wash, which is something relatively new to the area. Mr. Lamarche said that there will be four tubs, one which will be larger for special assistant dogs. He said there will be a retail area for grooming products and supplies and there will also be small group training sessions. Mr. Lamarche said it is going to be a small, family run business with his wife and daughter and that he estimates that there will only be 2 – 3 customers at a time. Councillor Rowlands asked if people can bring their own chemical treatments in to wash their dogs or do they have to use ones that are supplied there. Mr. Lamarche said that they have to use the ones that are supplied there. Councillor Tocci said that this is wonderful. She said she has seen these type of places up by the beach. She asked if this is the same type of place where you wash and blow dry your dog, but someone is there to assist you. Mr. Lamarche said that is exactly correct, and then you don’t have to clean your bathtub or messy floor. He said they will encourage families to bring their children along and make it a family outing. Councillor Dombrowski asked what entrance they will be using. Mr. Whitney said if you are looking at it from Lancaster Street, it is the far right door, near the handicap parking space. Councillor Dombrowski asked if that door is just for this business. Mr. Lamarche said yes, it is. Councillor Dombrowski asked Mr. Whitney what the other businesses are in that building and how their hours of operation will effect the parking situation. Mr. Whitney said there is a dance studio, a bridal shop, a pasta shop and his office. He said they have been moving hours around to adjust for parking. Councillor Dombrowski asked what the hours of operation will be for this proposed business. Mr. Lamarche said at this time they are going to be 9:00 a.m. until 7:00 p.m. Councillor Freda said she has know both Mike and his wife, Nancy, for close to 30 years and was very familiar with the business they owned and said it was always clean and receptive to customers. She said she wanted to speak in support of them opening a business, whatever it might be. Councillor Salvatelli said he wanted to repeat what Councillor Freda said. He said he has know Mike for 35 years and they lived on the same street. Councillor Salvatelli said he used to own the Shell station on Lancaster Street for 30 years. He said he doesn’t think there were ever any problems down there and that he built it up to a remarkable business. Councillor Salvatelli said he is supporting this also. Councillor Nickel said he is also in support of this. He said he was talking to someone who spoke highly of the bridal shop down there and also the location and the building. Councillor Lanciani said he is in support of this project. He said he took a ride around the whole complex and took a look at the parking and said that there is plenty of parking. Councillor Lanciani said he would like to commend Mr. Whitney for what he has done on that Industrial site. He said that the businesses there are not businesses that make a great deal of money, but that are taking care of the needs of people within the community and that he supports that. Councillor Marchand asked if he 2,300 square feet will be enough space for his business or will he have to expand. Mr. Lamarche said that is plenty of space for what he needs. Councillor Marchand asked if there is no viable Industrial use at this location. Mr. Whitney said that he can’t see anybody else with an Industrial need for this building. HEARING BEFORE THE CITY COUNCIL, MARCH 12, 2007, continued. Councillor Marchand asked what the name of the business will be. Mr. Lamarche said the name will be “Pooch.” Councillor Marchand said that he is in support of this project. No on in the audience spoke in favor or opposition. HEARING ADJOUNED at 7:40 P.M. Lynn A. Bouchard, City Clerk and Clerk of the City Council HEARING BEFORE THE CITY COUNCIL, MARCH 12, 2007 Hearing opened at 7:41 P.M. with Councillor Rowlands, Chair of the Legal Affairs Committee, presiding. All members were present. The following PETITION was the subject of the hearing. 55-07 John Souza, on behalf of the Planning Board: Change the Leominster Zoning Ordinance Section 22-26 “Table of Uses” under General Uses in the Amusement category from “N” under Industrial to “SPPB”. Councillor Rowlands explained that this petition was a result of another petition put in regarding athletic facilities in an Industrial zoned area. He said this was actually the Planning Boards recommendation and Councillor Rowlands asked that it be put into petition form because he thought it warranted discussion and a public hearing. John Souza, Chairman, Planning Board, was present and said this is a result of a request to the Planning Board to submit this petition. He said when they received the original petition for the use of batting cages in an Industrial area, Ms. Vitorioso found that there was an amusement ordinance that would cover this in commercial and business districts. He said there was also a definition that already defined the uses. Mr. Souza said that by changing the “N” for no, under the table of uses to an “SPPB”, Special Permit by Planning Board, it would allow the use through the Planning Board in Industrial areas. He said this would allow some input from the City and not just allow the use “by right”, but they would not have to go before the City Council. Councillor Rowlands said all the recommendations they received were in support of this petition. Councillor Tocci said that it was in the newspaper stating that a full blown amusement park would fit under this petition, and she asked Mr. Souza to give his opinion on that. Mr. Souza said yes, it would be allowed today as it is, this petition does not change that, but it would still have to go through the Planning Board instead of a use allowed by right. He said that is why they would put “SPPB” in the table of uses instead of a “Y” for allowed by right. Councillor Tocci asked if there would be a down side to changing the ordinance. Mr. Souza said he doesn’t think so. He said they are not changing the definition, they are just adding “SPPB”, so it is still under the control of the Planning Board. Councillor Rowlands said if this does not pass, there would be no other way to allow this type of business in the Industrial area. He said this does open up an option in the Industrial area, but it is controlled by the Planning Board. Councillor Dombrowski said a concern he has is that some of these smaller businesses are just open seasonally, and if we put too much red tape in front of them, we may discourage them. He asked Mr. Souza what the requirements are for a Special Permit and also what would trigger Site Plan approval for a potential business. Mr. Souza said the first thing is to get the petition into the Planning Department by Wednesday at 12:00 P.M., prior to the next meeting. He said the next step is for the Planning Board to determine if a Special Permit is required, if it is, a hearing date will be set. Mr. Souza said at that time they would determine if a Site Plan is needed. He said a Site Plan is needed if the facility is over 10,000 square feet, has over 10 parking spaces or if there is no parking at all and you have to put in a parking lot. Mr. Souza said if a site plan is not needed, then they would at least like a sketch, and an assessors map. Mr. Souza said on a Special Permit it has to be advertised twice so it would typically take at least 5 – 6 weeks. If the Special Permit is approved, there then would be a 20 day appeal period. He said the whole process would take approximately 2 ½ - 3 months. No on in the audience spoke in favor or opposition. HEARING ADJOURNED: 7:53 P.M. Lynn A. Bouchard, City Clerk and Clerk of the City Council REGULAR MEETING OF THE CITY COUNCIL, MARCH 12, 2007 Meeting called to order at 8:05 P.M. Attendance was taken by a roll call vote; all members present. The Leominster High School Band performed the Star Spangled Banner and was recognized by the Mayor and the City Council for all of there time and hard work they put into the Community. The Leominster High School Band will be going to a competition at Disney World from March 12, 2007 – March 18, 2007. The following COMMUNICATIONS were received, referred to the FINANCE COMMITTEE and given REGULAR COURSE. C-94 Relative to the appropriation of $212,500.00 to the School Department Capital Outlay Expense Account; same to be transferred from the Excess and Deficiency Account. C-95 Relative to the appropriation of $25,000.00 to the Veteran’s Department Capital Outlay Expense Account; same to be transferred from the Excess and Deficiency Account. C-96 Relative to the appropriation of $50,000.00 to the Police Department Expense Account; same to be transferred from the Excess and Deficiency Account. C-97 Relative to the appropriation of $100,000.00 to the Police Department Overtime Account; same to be transferred from the Police Salary and Wages Account. C-98 Relative to the appropriation of $75,000.00 to the Fire Department Overtime Account; same to be transferred from the Excess and Deficiency Account. C-99 Relative to the appropriation of $15,000.00 to the Parking Meter Expense Account; same to be transferred from the Parking Meter Receipts Reserved for Appropriation Account. C-100 Relative to the appropriation of $16,000.00 to the Parking Meter Salary and Wages Account; same to be transferred from the Parking Meter Receipts Reserved for Appropriation Account. C-101 Relative to the appropriation of $5,000.00 to the Recreation Department Expense Account; same to be transferred from the Excess and Deficiency Account. The following COMMUNICATION was received under SUSPENSION OF THE RULES, referred to the FINANCE COMMITTEE and given REGULAR COURSE. Vt. 9 “yeas.” C-102 Relative to the appropriation of $24,000.00 to the Wire Department Expense Account; same to be transferred from the Excess and Deficiency Account. The following COMMUNICATION was received under SUSPENSION OF THE RULES, referred to the WAYS & MEANS COMMITTEE and given REGULAR COURSE. Vt. 9 “yeas.” C-103 Dean J. Mazzarella, Mayor: Request Jane Powers be exempt from the provisions in M.G.L. Chapter 268A (20B) Conflict of Interest as she is currently employed by the City of Leominster School Department and is taking on a position at the Recreation Department. The following APPOINTMENT was received under SUSPENSION OF THE RULES, referred to the WAYS & MEANS COMMITTEE and given REGULAR COURSE. Vt. 9 “yeas.” Leominster Police Department – Permanent Sergeant – Scott Bernier The following PETITIONS were received, referred to the LEGAL AFFAIRS COMMITTEE, given REGULAR COURSE and referred to the Police Department and the Fire Department. 64-07 Wayne A. Nickel: Place “No Parking Here to Corner” signs on Vinton Street at Mechanic Street and one on Mechanic Street at the corner with Vinton Street. 65-07 Wayne A. Nickel: Place a “Dead End” or equivalent sign on Johnny Appleseed Lane at Mechanic Street. The following PEITITON was received, referred to the CITY PROPERTY COMMITTEE, given REGULAR COURSE and referred to the Building Inspector, the Department of Public Works and the Police Department. 66-07 Jacquelyn Farreau, on behalf of the Wallace Figure Skating Club: Allow the Wallace Figure Skating Club to place signs at Rte. 12, near Shaws/Barnes & Noble and Rte. 13, near Brooks Pharmacy, to advertise registration for the spring from March 25, 2007 through April 7, 2007. REGULAR MEETING OF THE CITY COUNCIL, MARCH 12, 2007, continued. The following PETITION was received, referred to the WAYS & MEANS COMMITTEE, given REGULAR COURSE and referred to the Treasurer and Collector. 67-07 Christopher Rivard: Grant a transient vendors license to sell flowers and plants in April and May, 2007. The following APPOINTMENTS were received, referred to the WAYS & MEANS COMMITTEE and given REGULAR COURSE. Leominster Fire Department – Permanent Firefighters – Armin K. Keidel and Bryan S. LeBlanc Upon recommendation of a Majority vote of the FINANCE COMMITTEE, the following COMMUNICATION was GRANTED and ORDERED. Vt. 8 “yeas” and 1 “nay”; Councillor Rosa opposed. A Minority Report to DENY was Defeated. Vt. 1 “yea” and 8 “nays”; Councillors Salvatelli, Dombrowski, Tocci, Nickel, Rowlands, Freda, Lanciani and Marchand were opposed. C-79 Relative to the appropriation of $325,000.00 to the Water Department Capital Outlay Expense Account; same to be transferred from the Sale of Real Estate Fund. ORDERED: that the sum of Three Hundred Twenty Five Thousand Dollars ($325,000.00) be appropriated to the Water Department Capital Outlay Expense Account; same to be transferred from the Sale of Real Estate Fund. Upon recommendation of the FINANCE COMMITTEE, the following COMMUNICATIONS were GRANTED and ORDERED. Vt. 9 “yeas.” C-90 Relative to the appropriation of $26,500.00 to the Fire Department Capital Outlay Expense Account; same to be transferred from the Excess and Deficiency Account. ORDERED: that the sum of Twenty Six Thousand Five Hundred Dollars ($26,500.00) 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 to purchase a new vehicle for the fire department mechanic. C-91 Relative to the appropriation of $4,700.00 to the City Clerk Expense Account; same to be transferred from the Election and Registration Expense Account. ORDERED: that the sum of Four Thousand Seven Hundred Dollars ($4,700.00) be appropriated to the City Clerk Expense Account; same to be transferred from the Election and Registration Account. RE: These funds are requested to purchase a new computer and software for the dog licensing. Upon recommendation of the FINANCE COMMITTEE, the following COMMUNICATION was GRANTED and ORDERED. Vt. 8 “yeas”; Councillor Tocci abstained due to possible conflict of interest. C-92 Relative to the appropriation of $11,000.00 to the Police Department Capital Outlay Expense Account; same to be transferred from the Excess and Deficiency Account. ORDERED: that the sum of Eleven Thousand Dollars ($11,000.00) be appropriated to the Police Department Capital Outlay Expense Account; same to be transferred from the Excess and Deficiency Account. RE: These funds are requested to purchase a new vehicle as a result of an accident in December. The insurance company has totaled the vehicle and will pay $24,000.00 towards a replacement. A recess was called at 8:52 P.M. to allow Mr. Hudson, director of the Leominster High School Band, to speak. Meeting reconvened at 8:54 P.M. Upon recommendation of the FINANCE COMMITTEE, the following COMMUNICATION was GRANTED as AMENDED and ORDERED. Vt. 9 “yeas.” Amended to reduce from $20,360.00 to $13,860.00. C-93 Relative to the appropriation of $13,860.00 to the Gallagher Building Capital Outlay Expense Account; same to be transferred from the Gallagher Building Revolving Fund. ORDERED: that the sum of Thirteen Thousand Eight Hundred Sixty Dollars ($13,860.00) be appropriated to the Gallagher Building Capital Outlay Account; same to be transferred from the Gallagher Building Revolving Fund. RE: These funds are requested for the rental of the temporary boiler for the Gallagher building for an additional three months. REGULAR MEETING OF THE CITY COUNCIL, MARCH 12, 2007, continued. Upon recommendation of a Majority vote of the PUBLIC SERVICE COMMITTEE, the following PETITION was GRANTED. Vt. 8”yeas” and 1 “nay”; Councillor Rowlands opposed. A Minority Report to Deny was defeated. Vt. 1 “yea” and 8 “nays”; Councillors Salvatelli, Tocci, Nickel, Freda, Dombrowski, Lanciani, Rosa and Marchand opposed. 54-07 Patrick LaPointe, Department of Public Works: Request that the City Council accept engineering plans and specifications from Whitman & Bingham and funded by Gregg P. Lisciotti, to allow the city to solicit bids for the final paving, installation of granite curbing, concrete sidewalks and landscaping on Orchard Hill Park Drive. Funding for this project will be from a PWED Grant with the MA Highways Department in the amount of $326,450. Upon recommendation of the PUBLIC SERVICE COMMITTEE, the following PETITION was GRANTED. Vt. 9/0. 60-07 National Grid and Verizon New England, Inc.: Pleasant Street: Install one jointly owned pole on Pleasant Street beginning at a point approximately 84 feet west of the centerline of the intersection of Pond Street. Upon recommendation of the PUBLIC SERVICE COMMITTEE, the following PETITION was GRANTED. Vt. 8/0; Councillor Dombrowski abstained due to possible conflict of interest. 61-07 Claire Freda, on behalf of Kenneth Osborn, Jr.: Discontinue Cedar Road for 120 ft. behind the property owned by Kenneth Osborn, Jr. located at 30 Overlook Drive and further described in Book 2996 page 239 in the North Worcester County Registry of Deeds. Upon request of the LEGAL AFFAIRS COMMITTEE, the following PETITION was TABLED. Vt. 8/0; Councillor Tocci abstained due to possible conflict of interest. 47-07 Joy Chiurri: Grant a Special Permit to allow construction of a residential dwelling at 5 Ruth Street, as shown on Assessors Map 441 as lot 61A; a special permit is required for a residential use in an Industrial Zone and will comply with Residential B Zoning Requirements. Upon request of the LEGAL AFFAIRS COMMITTEE, the following PETITION was given FURTHER TIME. Vt. 9 “yeas.” 48-07 James Whitney, on behalf of 557 Lancaster Street Realty Trust: Grant a Special Permit to use an existing building located at 557 Lancaster Street, located in an Industrial zone and shown on Assessor’s Map 443 as lot A3, for a dog grooming business. Upon recommendation of the LEGAL AFFAIRS COMMITTEE, the following PETITION was GRANTED. Vt. 9/0. 49-07 James Lanciani, Jr.: Accept Chapter 99 of the Acts of 2005, which amends MGL Chapter 149 by adding Section 33E, Live Organ Donation: Leaves of Absence without loss of pay. Upon request of the LEGAL AFFAIRS COMMITTEE, the following PETITION was TABLED. Vt. 9 “yeas.” 55-07 John Souza, on behalf of the Planning Board: Change the Leominster Zoning Ordinance Section 22-26 “Table of Uses” under General Uses in the Amusement category from “N” under Industrial to “SPPB”. A recess was called at 9:15 P.M. to allow Paul W. Cote, from the Massachusetts Motorcycle Association, to speak. Meeting reconvened at 7:28 P.M. Upon recommendation of the CITY PROPERTY COMMITTEE, the following PETITION was GRANTED with the condition that the Police Department and the Building Inspector agree on where the signs should be placed. Vt. 9 “yeas.” 62-07 Paul W. Cote, Massachusetts Motorcycle Association: Request the City of Leominster allow the Massachusetts Motorcycle Association to erect and display a 2 ft. x 8 ft. “Check Twice – Save a Life, Motorcycles are Everywhere” signs at locations within the City of Leominster, as directed by its Public Safety/Traffic Official, at no cost to the City. REGULAR MEETING OF THE CITY COUNCIL, MARCH 12, 2007, continued. Upon recommendation of the WAYS & MEANS COMMITTEE, the following PETITION was GRANTED as amended. Vt. 8/1; Councillor Freda opposed. Petition amended to include a list of appointments affected and to grandfather current appointees. 5-07 David Rowlands: Request that all new appointments to the following boards and commissions shall be residents of the City of Leominster. Board of Appeals Registrars of Voters Cable TV Advisory Board Commission Recreation Commission Cemetery Department Trustees of Soldiers Memorial Conservation Commission Trust Fund Commission Cultural Commission Wastewater Commission Council on Aging Youth Commission Disability Commission Keeper of the Lockup & Chief Board of Health Fence Viewer Historical Commission Insect and Pest Control Housing Authority Supt. Gypsy & Brown Tail Moth Industrial Development Commission Sealer of Weights and Measures Forest Warden Veterans Burial Agent Industrial Financing Authority Veterans Care of Graves Library Board of Trustees Weigher of Beef License Commission Weigher of Chemicals Planning Board Weigher of Hay All members currently serving on such boards and commissions will be allowed to remain on the same unless not appointed by the Mayor and/or not confirmed by the City Council. Upon recommendation of the WAYS & MEANS COMMITTEE, the following PETITION was GRANTED. Vt. 9/0. 63-07 Paul W. Cote, Massachusetts Motorcycle Association: Adopt a resolution stating that the City of Leominster joins with the Commonwealth of Massachusetts in its “Motorcycle Safety Awareness Period” March 24, 2007 through April 30, 2007, to help reduce motorcycle accidents and injuries. Upon request of the FINANCE COMMITTEE, the following LOAN ORDER was given FURTHER TIME. Vt. 9 “yeas.” (The public hearing was rescheduled until March 26, 2007 at 6:55 P.M. due to the fact that the Sentinel and Enterprise neglected to publish the hearing notice.) 2nd Reading Loan Order – that the sum $534,200.00 be appropriated, if necessary, for the purchase for open space and water supply protection purposes, 50+/- acres of land owned now or formerly by the Norman A. Nutting (Map 512, Lot 3 and Map 362, Lots 15 & 16) 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, up to $534,200.00 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. Upon request of the LEGAL AFFAIRS COMMITTEE, the following ORDINANCE was given FURTHER TIME. Vt. 9 “yeas.” (The public hearing was rescheduled until March 26, 2007 at 7:35 P.M due to the fact that the Sentinel and Enterprise neglected to publish the hearing notice.) 2nd Reading Ordinance – Amend Chapter 13, Section 13-77 of the Revised Ordinances entitled “Stop Signs” by inserting “Manning Avenue, against northbound drivers at Mechanic Street.” (Legal Affairs - Petition #45-07) Upon request of the LEGAL AFFAIRS COMMITTEE, the following ORDINANCE was given FURTHER TIME. Vt. 9 “yeas.” (The public hearing was rescheduled until March 26, 2007 at 7:40 P.M. due to the fact that the Sentinel and Enterprise neglected to publish the hearing notice.)  2nd Reading Ordinance – Amend Chapter 16, Section 16-2 of the Revised Ordinances entitled “Salary – City Council” by deleting the second and third sentences and inserting in its place “Such salary shall be increased to eight thousand five hundred dollars effective January 1, 2008, and shall be further increased to ten thousand dollars effective July 1, 2008. Effective January 1, 2009 and on an annual basis thereafter, a percentage increase of the City Councilor salary will be established consistent with the annual consumer price index (CPI- U) of the previous calendar year, with a minimum of no increase and a maximum increase of five per cent (5%). No member of the City Council shall receive any other compensation for any official duty in behalf of the city. (Legal Affairs - Petition #42-07) Under Old Business, the Committee on Records, Councillor Lanciani said that on the February 12, 2007 meeting minutes, on page five, it said the IC Credit Union and it should have been the Leominster Credit Union. He said with that change, everything else is in order. The records through February 26, 2007 were accepted. REGULAR MEETING OF THE CITY COUNCIL, MARCH 12, 2007, continued. The following is a report of the President’s Drinking Water Oversight Committee: Councillor Nickel said he didn’t have anything new to report. He said the only thing he would add is that he did here that a representative from the Trustees of Reservation would like to speak to the committee. Councillor Nickel said at a future time he will ask his input and also the input of the Leominster Land Trust and any other interested individuals to speak before the committee. Councillor Marchand said he would like Violia Water to come down and speak to the City Council regarding the testing process and the resolution if there is an issue. Councillor Nickel said he did speak to a gentleman who had been active with the Leominster Land Trust and he wanted to know how we were doing with the testing for certain chemicals. Councillor Nickel said he wants to hear from Violia Water as well. Councillor Nickel said there was a lot of discussion about the drainage coming in from Fitchburg and affecting No-Town reservoir and he was told that the previous Conservation person was checking on that. Councillor Nickel said he wanted to check with Violia Water to see if they have been checking on that as well. The following ORDINANCE was read once, adopted as presented and ordered published. A hearing was scheduled for April 9, 2007 at 7:30 P.M. Vt. 9 “yeas.” 1st Reading Ordinance - Amend Chapter 13 of the Revised Ordinances entitled “Motor Vehicles and Traffic” by inserting Section 13-86 entitled “Heavy Commercial Vehicles Excluded” to exclude heavy commercial vehicles on Harvard Street, between Stagecoach Road and Orchard Hill Park Drive; Stagecoach Road, between Harvard Street and Prospect Street and by further adding under Section 13-1 Commercial Vehicle and Heavy Commercial Vehicle. (Legal Affairs Communication #C-70) The following RESOLUTION was ADOPTED. Vt. 9 “yeas.” CITY OF LEOMINSTER CITY COUNCIL WHEREAS The motorcycle, an energy efficient vehicle, effectively reduces fuel consumption and contributes to the lessening of traffic and has become an increasingly popular means of transportation for commuting, as well as for touring and recreation, and WHEREAS There is a growing need for cooperation among drivers of automobiles, trucks, motorcyclists, bicyclists and pedestrians who use our city streets to reduce injuries and fatalities, and WHEREAS It is critical for the residents of Leominster and all Massachusetts citizens to increase their knowledge of the rules of the road and the rights and responsibilities of all roadway users, and WHEREAS It is recognized that the Massachusetts Motorcycle Association is committed to reducing motorcycle accidents and injuries in 2007 THEREFORE The City Council and Mayor of Leominster joins the Commonwealth of Massachusetts in its “Motorcycle Awareness Period” and urges all citizens of Leominster to join in the observance of this event. Adopted by the Leominster City Council APPROVED: March 12, 2007 Lynn A. Bouchard, City Clerk Dean J. Mazzarella, Mayor Under New Business Councillor Rowlands said he had the opportunity to attend a Robotics Exhibit in New Hampshire and he said Leominster presented itself proudly and he wanted to mention what a good program this is and recognize their efforts. Councillor Freda said there is a Council President Committee Chair meeting on March 21, 2007 at Holy Cross College put on by the Mass Municipal Councillors Association. She said Attorney Bob Richie from the Municipal Law Unit will be there and there will be no charge to the city, if anybody interested in going, just let Councillor Freda know. Councillor Freda said that on March 22, 2007 they will have the Rotary Awards Dinner beginning at 6:00 P.M. at the Four Points and the following are being recognized as the City of Leominster’s Employees of the Year: Paul Doig – Firefighter of the Year, Michael Bovin – DPW Employee of the Year, Shawn Fergerson – Police Officer of the Year, Richard Vautour – City Hall Employee of the Year, Rene Costa – Fall Brook School grades Pre-K through 4, Employee of the Year, Elizabeth Malude – Southeast School grades 5 through 8, Employee of the Year, Tom Brown – High School Employee of the Year. REGULAR MEETING OF THE CITY COUNCIL, MARCH 12, 2007, continued. Councillor Marchand said the following are the dates for Subcommittee meetings: March 21, 2007 – Finance Committee - 6:45 P.M. Legal Affairs Committee - 7:30 P.M. Councillor Marchand said they will be having the All City Middle School Musical called “High School Musical” on March 23, 2007 and March 24, 2007 at 7:00 P.M. at the Leominster High School Auditorium. He said Fall Brook will be having their Spaghetti Supper on March 29, 2007 and Northwest School will be having there Spaghetti Supper on March 28, 2007. Councillor Salvatelli said the microphones will be installed next week and the company doing the installation would like to show the Councillors how to use them. Councillor Rosa, Chair of the FINANCE COMMITTEE, and Councillor Rowlands, Chair 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 9/0. Committee reports as follows: 53-07 David Rowlands: Establish a Water Enterprise Account and a Sewer Enterprise Account, as authorized by MGL Ch. 44 53Fl/2. A minority report to TABLE was denied. Vt. 1 “yea” and 8 “nays”; Councillors Salvatelli, Tocci, Nickel, Rowlands, Freda, Lanciani, Rosa and Marchand opposed. A majority report of the FINANCE COMMITTEE to DENY was GRANTED. Vt. 6 “yeas” and 3 “nays”; Councillors Tocci, Rowlands and Dombrowski were opposed. Councillor Rowlands, Chair 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 9/0. Committee reports as follows: 90-04 James Normandin: Grant a Special Permit to convert an existing building located at 140 Adams Street into 55 apartments as shown on Assessors Map 6 as lot 3, located in an Industrial Zone within flood plain district. LEAVE TO WITHDRAW without PREJIDUCE. Vt. 9 “yeas.” Council Marchand said he needed to say a few words about the Department Head being talked about tonight. Councillor Marchand said he likes to keep harmony in the City Council Chambers and with the City Employees and the Mayor. He said the City Council follows the City Charter and takes votes according to the Charter. Councillor Marchand said this is the first time this issue has come before them. He said the Department Heads have always been more than willing to come down and share information. Councillor Marchand said prior to him taking the Presidents seat, the Mayor actually had an off night where he was entertaining bringing the City Council and the Department Heads together to discuss issues. Councillor Marchand said the Mayor has been more than willing to share information with the Council and has been more than willing to initiate Department Heads to participate in the things the Council has to do. Councillor Marchand said it was clearly outlined by the City Solicitor the action steps in support of the charter and how it is not up to the City Council to reprimand a Department Head for being insubordinate to the Charter, but it is the responsibility of the Mayor to deal with the Department Head directly. MEETING ADJOURNED: 11:00 P.M. ________________________________________________ Lynn A Bouchard, City Clerk and Clerk of the City Council