City Council

HEARING BEFORE THE CITY COUNCIL, DECEMBER 28, 2009 Hearing opened at 6:36 P.M. with Councillor Rowlands, Chair of the Legal Affairs Committee, presiding. All members were present except Councillor Tocci. Councillor Dombrowski arrived late. This meeting is continued from November 16, 2009. The following PETITION was the subject of the hearing: 5-10 John Souza, Chairman, on behalf of the Planning Board: Adopt the following zoning changes proposed by Vanasse, Hangen and Brustlin to include: 1) The Leominster Zoning Ordinance Revised Draft, July 2009 2) The Leominster Zoning Ordinance “Table of Uses,” July 2009 3) The Leominster Zoning Ordinance “Proposed New Zoning Districts,” July 2009 4) The Leominster Zoning Ordinance “New Sections,” January 2009 5) Section 22-19 Residence B Districts which is a correction to the “The Leominster Zoning Ordinance Revised Draft,” July 2009 Councillor Rowlands said he received an updated document last week via email. A letter received from Ralph Wilmur of VHB was read as follows: Here is the word version of the revised ordinance. The pdf will come in a separate e-mail. At this point, I believe all cross-references have been changed, but I left them highlighted so that if sections are added, deleted or moved, someone can follow those changes. Regarding Sections 16.9.2 and 16.10, I think they may be somewhat duplicative, although 16.10 is a little broader in scope. As I recall, the Inspector wanted to keep that in for flexibility. I think it may be useful to have at least 16-10 to provide more options with the MU-1. I think it is cleanest to change the map to change some C, I, or Business districts to MU-1 rather than do it as an overlay, which gets sloppy in the end and may cause confusion. If there are specific buildings where someone wants to convert and it hasn’t been rezoned as MU-1, they could apply under 16-10. Councillor Rowlands said during their discussions it came up about MU-1 being the new tool in the zoning to replace or to do adaptive use of these old buildings. It is being proposed as a separate zoning district. He asked how that can be when you look across the City and have old buildings that are spread throughout the entire City. How are you going to rezone those? He said they asked VHB if it made more sense to have it as an overlay district. He said the letter he just read is proposing to leave it as a separate zoning district and needs to be worked out. He said we don’t have a detailed map to where MU-1 zoning applies. He said any building that we would want to potentially use for adaptive reuse would have to use Section 16.10 which by Special Permit allows you to have an alternate use in Industrial zone. He said this raises a lot of questions because Section 16.10 is not very efficient. The process has to be streamlined. He said he is not convinced that a zoning district for MU-1 is the best method for adaptive reuse. Councillor Marchand asked where we are in the process. He still has isolated concerns. Councillor Rowlands said in Legal Affairs we are going through the process and if we were flying we’re trying to get from 30,000 feet down to 15,000 feet and the level where the Councillors want to fly around is at 5,000 feet or even be on the ground. He said we are not anywhere near that yet. He said he is hoping that the Building Inspector will come down and go through this with us because he is the one that will have to live with this document being the enforcement agent. Councillor Marchand said he is requesting a clean hard copy from the Clerk’s office on VHB’s final draft. He said we have been getting a lot of piece meal email and we should have the right version. Councillor Rowlands said this draft which is a final draft from them is well short of what is going to be a final draft, but it is the latest version we have from them. Councillor Nickel said regarding MU-1, coming up with a better series of definitions that could explain how it could be used without trying to go along with a map may be better. If the definition side of things aren’t going to work perhaps they could consider dealing with the local papers do get out as much information as we can about the possibilities of adaptive use changes that would be in MU-1. The idea that people in town read this and know of developers or anyone who own these properties that could be affected and encourage them to come back to us and give a list so we can send it off to the Legal Affairs. He said if we are going to go to the map system, which is not the best system, at least we will have input from the public that would be affected and we can use that information without going back week after week trying to redo a map and additions and deletions. He said he was hoping for written form and not maps. Councillor Rowlands said he agreed. He said he has a problem with the current proposal. He said one of the things that the Legal Affairs will be pushing for is that we need to start seeing detailed maps where specifically you tell us where MU-I is going to be proposed. He said he hasn’t given up the idea that it belongs as an overlay district. Councillor Rowlands said currently in the Table of Uses under the proposed under Business Uses there is another definition of mixed use which is different than any definition we have had in the past. This definition basically says any two uses including residential, commercial or industrial is considered mixed use. He said it states in the Table of Uses you need a Site Plan approval under Business A and Business B and a Special Permit under Commercial, and that is extremely confusing. He said we have totally lost the mixed use we had before. We’ve come up with a totally different mixed use which shows up in the business uses and we have added two other definitions of mixed uses called MU-1 and MU-2 which are different than the one we talked about in the past. We are calling MU-1 a separate district and pick out areas of the City. He said it is extremely confusing.  2 HEARING BEFORE THE CITY COUNCIL, DECEMBER 28, 2009, continued Councillor Rowlands established a Legal Affairs Committee meeting on January 6, 2010 at 7:30 P.M. with the Building Inspector and VHB in attendance. No one in the audience spoke in favor or in opposition of this petition. HEARING ADJOURNED AT 6:55 P.M. AND CONTINUED TO FEBRUARY 22, 2010 AT 6:30 P.M. _____________________________ Lynn A. Bouchard, City Clerk and Clerk of the City Council HEARING BEFORE THE CITY COUNCIL, DECEMBER 28, 2009 Hearing opened at 7:12 P.M. with Councillor Rowlands, Chair of the Legal Affairs Committee, presiding. All members were present except Councillor Tocci. The following PETITION was the subject of the hearing: Relative to amending Chapter 13 of the Revised Ordinances entitled “Motor Vehicles and Traffic” by adding a “No Parking-Tow Zone” at the end of Tolman Avenue and “No Parking” on the south side of Tolman Avenue between the dead-end of Tolman Avenue and the driveway located 177 feet east of the dead-end. No one in the audience spoke in favor or in opposition of this petition. No Councillors spoke. HEARING ADJOURNED AT 7:14 P.M. _____________________________ Lynn A. Bouchard, City Clerk and Clerk of the City Council REGULAR MEETING OF THE CITY COUNCIL, DECEMBER 28, 2009 Meeting was called to order at 7:30 P.M. Attendance was taken by a roll call vote; all members were present except Councillor Tocci. The Committee on Records reported that the records through December 14, 2009 were examined and found to be in order. The records were accepted. The following COMMUNICATIONS were received, referred to the FINANCE COMMITTEE and given REGULAR COURSE. C-44 Relative to the appropriation of $3,000,000.00 to the Stabilization Fund; same to be transferred from the Overlay Surplus Account. C-45 Relative to the appropriation of $100,000.00 to the Snow and Ice 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” C-33 Relative to the appropriation of $550,329.75 to the Sewer Department Capital Outlay Expense Account; same to be transferred from the Excess and Deficiency Account. C-34 Relative to the appropriation of $756,616.35 to the Water 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. 8 “yeas” C-41 Relative to the appropriation of $32,000.00 to the Election and Registration Expense Account; same to be transferred from the Excess and Deficiency Account.  3 REGULAR MEETING OF THE CITY COUNCIL, DECEMBER 28, 2009, continued ORDERED: - that the sum of Thirty Two Thousand Dollars ($32,000.00) be appropriated to the Election and Registration Expense Account; same to be transferred from the Excess and Deficiency Account. RE: These funds are needed to cover the costs associated with the Special State Election to be held on January 19, 2010. Upon request of the LEGAL AFFAIRS COMMITTEE, the following PETITION was given FURTHER TIME. Vt. 8/0 17-10 David Rowlands: Amend the Leominster Municipal Code Article XIV “Department of Public Works” and Add Article XXVIII “Department Of Water and Sewer” which eliminates the Water and Service Divisions from the Department of Public Works and creates a separate Water and Sewer Division. Upon request of the PUBLIC SERVICE COMMITTEE, the following PETITION was given FURTHER TIME. Vt. 8/0 18-10 Peter A. CampoBasso, Esquire for Southgate Business Park: Layout, as a public way, a portion of the extension of Research Drive by accepting a Quitclaim Deed in lieu of taking by eminent domain and including acquiring by easement any and all utilities necessary for installation and maintenance. Upon recommendation of the WAYS & MEANS COMMITTEE, the following COMMUNICATIONS were GRANTED. Vt. 8/0 C-42 Dean J. Mazzarella, Mayor: Request that James Oxford be exempt from the provisions in M.G.L. Chapter 268A (20B) Conflict of Interest as he is currently employed by the City of Leominster School Department and will be taking on a position at the Recreation Department as well. C-43 Dean J. Mazzarella, Mayor: Designate Lynn A. Bouchard as liaison to the Commonwealth of Massachusetts State Ethics Commission. The following ORDINANCE was read a second time, ADOPTED as presented and passed to be ordained. Vt. 8 “yeas” City of Leominster In the year two thousand and nine AN ORDINANCE Amending Chapter 13 of the Revised Ordinances entitled “Motor Vehicles and Traffic.” Be it ordained by the City Council of the City of Leominster as follows: Chapter 13 of the Revised Ordinances is hereby amended at Section 13-34, entitled “No Parking on Certain Streets,” by inserting the following phrase: Tolman Avenue (south side), from the western terminus for one hundred and seventy-seven feet in an easterly direction. And Chapter 13 is further amended at Section 13-24.5 entitled “Parking Prohibitions –Towing Zone,” By adding the following subsection: (i) Tolman Avenue (west side), along the length of the western terminus for thirty-six feet. ______________________ The following ORDINANCE was read a second time, ADOPTED as presented and passed to be ordained. Vt. 6 “yeas” and 2 “nays; Councillor Marchand and Rosa opposed. City of Leominster In the year two thousand and nine AN ORDINANCE Amending Chapter 22of the Revised Ordinances entitled “Zoning,” Article II, Section 22-26, Table of Uses, is hereby amended by inserting under “Business Uses” the following: RRA RAA RB RC BA BB C I Ref. Dog Kennel SPPB N N N N N N N 16.10 ____________________________ In accordance with Section 3.6 of the Leominster City Charter a vote was taken to request a representative from VHB and our Building Inspector to attend the Legal Affairs Committee meeting on January 6, 2010 at 7:30 P.M. In accordance with Section 3.6 of the Leominster City Charter a vote was taken to request Pat LaPointe, Roger Brooks, John Richard, Greg Chapdelaine attend the Finance Committee meeting on January 6, 2010 at 6:45 P.M.  4 REGULAR MEETING OF THE CITY COUNCIL, DECEMBER 28, 2009, continued Under Old Business, Councillor Marchand said Victor Legere, who recently passed away, meant a lot to this community in many ways. He was a part of a catalyst in building the Veteran’s program and we are very grateful. He said he was also the key man that most likely saved St. Cecilia’s Church. Councillor Marchand said he will be missed as well as his spirit of patriotism and community service. He said he and his family are grateful to have had the pleasure to have known him. Councillor Nickel said how proud Mr. Legere was to take the active roll he did when we had the dedication service for young Mr. Robichaud at the age of 88. He had done a tremendous amount of work making arrangements for the band and speakers. It was one of the proudest days of his life not for what he did for him but what is did for the community and the Robichaud family. Councillor Nickel said he was a great gentleman and Leominster will miss him. Under New Business, Councillor Nickel said Councillor Tocci is not here tonight and we have a plaque for her 12 years of outstanding service and contribution to the community of Leominster as a Councillor-at-Large members of the City Council. He said he was sorry she was not there and this is to say not goodbye but we will miss her presence here and best of luck to her and her your family. The Clerk presented a plaque to Councillor Nickel in recognition of his past year of service as Council President. Councillor Salvatelli said he has been Councillor Tocci’s neighbor and wanted to mention public servants don’t get many accolades and usually get criticism for things they do. He said as his next door neighbor he appreciated the kind of work she did for the City. He said she took her responsibility very seriously, loves this City and its citizens very much and loved the job. He said he is going to miss her and said the community owes her a debt of appreciation for her work and her love for the City. He thanks her for her service. Councillor Rowlands said Councillor Tocci is extremely diligent and hard working. He said down here you learn the motivations behind everyone’s vote and sometimes politics creep in. He said whenever we took a vote Councillor Tocci’s vote was always for the right motive and always in the best interest of the City. He said she has done a great job and when he worked with her in Legal Affairs she always put the City first and personally would like to thank her for that. Councillor Lanciani said the one thing that stands out is while she is a quiet, humble person, who probably doesn’t speak out in a timely fashion at some of the meetings, she does her homework, she is sincere in what she does and her love for the City of Leominster and for what she can do for the constituents is always there. It has been a pleasure this past year sitting next to her and observing how she works. Councillor Marchand said a word that come to mind when he thinks of Councillor Tocci is honesty. The second word is passion, her passion for the community and most importantly her dedication. He said we see how involved her and her husband are in civic events in town. Her company always comes forward, doesn’t matter what it is, they come forward time after time and as an elected official that is how Councillor Tocci served her community. He said he looks forward to conversations with her in the next couple of years as an elected official getting input as to some of the things that are happening here in the City because she is still a viable member of this community. He wishes her the best. Councillor Rosa said he agrees with everything that has been said and is very very proud to call Councillor-at-Large Gini Tocci his friend. Councillor Dombrowski said he echoes those sentiments. He said he worked on Legal Affairs with Councillor Tocci for the last 4 years and it’s a committee with a lot of work. He said she did all her work, her homework and it is very difficult to go through this job and not ever have someone who doesn’t like you and he thinks that Councillor Tocci was batting a thousand in that regard. He said everyone liked Councillor Tocci and he will certainly miss her. Councillor Rowlands said last week we honored Councillor Rosa and we didn’t get a chance to speak publicly but the years of dedication, and he knows the impact on your personal life, on every aspect of your life and it is a tremendous amount of dedication to the City and said he has enormous respect for the time Councillor Rosa served for the City and thanked him. Councillor Marchand said he and Councillor Rosa got on the Council at the same time and ran some tough races back in 1989. He said Councillor Rosa always made sure what he was voting for. He said he is proud to have served with him and call him a friend. Councillor Lanciani said he probably has known Councillor Rosa longer than anyone sitting here today meeting him either the week or the month he came out of the United States Air Force and opened his business. He said he was working at the package store close by and would stop in on the way home to pick up his newspaper and milk and sometimes would stop by again. He said he has campaigned with Councillor Rosa and he is a gentleman and always will be a gentleman. Councillor Lanciani said if you didn’t know anything about Finance you got a very good lesson from the many reports he has given to us. Councillor Lanciani said he looks forward to working and continue working with him as he be Councillor Wayne Nickel was presented a plaque and gavel on behalf of the City Council in recognition of his past year as City Council President. MEETING ADJOURNED AT 8:02 P.M. _____________________________ Lynn A. Bouchard, City Clerk and Clerk of the City Council