City Council

HEARING BEFORE THE CITY COUNCIL, AUGUST 22, 2011 Hearing opened at 7:00 P.M. with Councillor Rowlands Chair of the Legal Affairs and President’s Zoning Committees. All members were present except Councillor Freda. This hearing was continued from June 13, 2011. The following COMMUNICATION was the subject of the hearing: C-68 Dean J. Mazzarella, Mayor: Adopt the proposed changes to the Leominster Zoning Ordinance. Councillor Rowlands said they have been holding meetings to discuss changes and see if they warrant changes. At the last meeting they discussed the Table of Uses – Mechanic Street Overlay District. He said the review is finished and he will compile the information and make a recommendation for action. Councillor Lanciani said the Committee has been working diligently and they take their job very serious. He said the draft they received was not easily read and they had to take their time. Councillor Marchand asked if there were any changes to the Watershed District. Councillor Rowlands said no recommendations have come forward for changes. Councillor Cormier asked if there would be ward meetings. Councillor Rowlands said that would be a good idea but does not want to go out to the public until things are ironed out. Councillor Nickel complimented the Committee for a job well done. Councillor Salvatelli said he served on the last zoning change and felt that this document lacks detail, was not well written and the committee has received very little help from the Planning Department. Councillor Rowlands said in 2001 the changes to zoning were excellent, in 2003 the modifications were objectionable, in 2009 we spent $75,000 and didn’t get what we paid for. He said this time we might have to pay people to correct it. HEARING ADJOURNED AT 7:23 P.M. ___________________________ Lynn A. Bouchard, City Clerk and Clerk of the City Council REGULAR MEETING OF THE CITY COUNCIL, AUGUST 22, 2011 Meeting was called to order at 7:30 P.M. Attendance was taken by a roll call vote; all members were present except Councillor Freda. The following COMMUNICATIONS were received, referred to the WAYS & MEANS COMMITTEE and given REGULAR COURSE. C-7 Dean J. Mazzarella, Mayor: Request that Jeff O’Neill, be exempt from the provisions of M.G.L. Chapter 268 (20B) Conflict of Interest as he is currently employed by the City of Leominster as a Recreation Commissioner and will running recreation programs and officiate when needed. The following PETITIONS were received, referred to the LEGAL AFFAIRS COMMITTEE, given REGULAR COURSE and referred to the Police Department Traffic Division. 3-12 Patrick LaPointe: Install a stop sign on Aspinwall Avenue against northbound drivers at Malburn Street. 4-12 Patrick LaPointe: Install a stop sign on Tanzio Road against eastbound drivers at Aspinwall Avenue. 5-12 Patrick LaPointe: Install a stop sign on Grove Terrace against eastbound and westbound drivers at Grove Avenue. 6-12 Patrick LaPointe: Install a stop sign on Tanzio Road against southbound and northbound drivers at Lancaster Street.  2 REGULAR MEETING OF THE CITY COUNCIL, AUGUST 22, 2011, continued The following APPOINTMENT was received, referred to the WAYS & MEANS COMMITTEE and given REGULAR COURSE. Office of Emergency Management -Mark Buyea – EMS Unit Upon recommendation of the FINANCE COMMITTEE, the following COMMUNICATION was GRANTED and ORDERED. Vt. 8 “yeas” C-3 Relative to the appropriation of $392,549.00 to the School Choice Tuition Revolving Fund; same to be transferred from the Massachusetts School Building Authority (MSBA) State Grant Account. ORDERED: - that the sum of Three Hundred Ninety Two Thousand Five Hundred Forty Nine Dollars ($392,549.00) be appropriated to the School Choice Tuition Revolving Fund; same to be transferred from the Massachusetts School Building Authority (MSBA) State Grant Account. RE: Final reimbursement payment for prior appropriations made from the School Choice Account. Upon request of the LEGAL AFFAIRS COMMITTEE, the following PETITION was given FURTHER TIME. Vt. 8/0. A hearing is scheduled for September 12, 2011 at 6:45 P.M. 75-11 Chris Caputo: Rezone the land located at 7 Prospect Street from Residence A and Business B to Commercial. Upon recommendation of the LEGAL AFFAIRS COMMITTEE, the following PETITION was GRANTED. Vt. 8/0 1-12 Leominster City Council: Amend the zoning “Table of Uses - Generally Permitted Uses” subsection 16.5.1.2 to read “No more than four (4) lodgers or boarders except in Residence B and C. All boarding/ lodging houses need a special permit from the Planning Board.” Upon request of the LEGAL AFFAIRS COMMITTEE, the following PETITION was given FURTHER TIME. Vt. 8/0. A hearing is scheduled for September 12, 2011 at 7:00 P.M. 2-12 City of Leominster/DPW: Grant a Special Permit to install a stormwater collection system at 85 Water Street as shown on Assessor’s Map 20, Lot 1A, located within a floodplain. Upon recommendation of the SMALL BUSINESS AND ECONOMIC DEVELOPMENT COMMITTEE, the following COMMUNICATIONS were given FURTHER TIME. Vt. 8/0 C-4 Dean J. Mazzarella, Mayor: Approve 320 Industrial Road as an Economic Opportunity Area (EOA) as shown on Assessor’s Map 255, Block 32 pursuant to M.G.L. c23A, Section 3R, and submit said application for approval to the Massachusetts Economic Assistance Coordinating Council (EACC). C-5 Dean J. Mazzarella, Mayor: Approve the proposed application by Bevovations LLC for acceptance as a certified project pursuant to M.G. L. c23A, Section 3F and authorize the submission of same for approval to the Massachusetts Economic Assistance Coordinating Council (EACC). C-6 Dean J. Mazzarella, Mayor: Approve a 10-year Tax Increment Financing Plan and Agreement, pursuant to M.G.L. c23A, Section 3A-F inclusive between 320 Industrial LLC, Bevovations LLC, d/b/a New England Apple Products Company and the City of Leominster for property located at 320 Industrial Road, Leominster, MA and authorize the submission of same for approval to the Massachusetts Economic Assistance Coordinating Council (EACC). Upon recommendation of the WAYS & MEANS COMMITTEE, the following APPOINTMENTS were CONFIRMED. 8 “yeas” Library Board of Trustees– Robert Salvatore - term to expire April 15, 2014 Conservation Commission - Eric Dubrule, Larry Gianakis - terms to expire April 15, 2014 Upon request of the WAYS & MEANS COMMITTEE, the following APPOINTMENT was given FURTHER TIME. Vt. 8/0 Conservation Commission- Daniel Brodeur - term to expire April 15, 2014 Under Old Business, Councillor Marchand suggested that Roger Brooks and Pat LaPointe attend a meeting and explain to the public how the water rate increase will affect them. Councillor Rowlands said there is pressure to conserve water. When you conserve water, you’re selling less product and have less revenue. He said the loan order was based on selling a certain volume of water and we are not reaching that volume. He said the large water consumer businesses have been gone for years and now its conservation. He said there has to be a change in the business model. He said the right way to handle it is to come to the Council and discuss it. When you informally talk about raising rates in the newspaper people go crazy. If you are going to raise the rates then send a communication or petition down showing the math,  3 REGULAR MEETING OF THE CITY COUNCIL, AUGUST 22, 2011, continued outlining the cost, loss of revenue and have a serious discussion. He said he doesn’t want to address the issue unless they formally put in a communication or petition. Councillor Salvatelli said the past few days the water has been completely black in his ward. He said you call the water department and they have no idea what’s going on. He said he is not sure if it is the construction in the area. He asked Councillor Cormier if they were having problems in Ward 3. Councillor Cormier said not in his ward but has been told by residents around Pleasant Street, Anthony Road, Rose Avenue and Eva Drive area that their water is dirty. Councillor Salvatelli suggested Charlie Reed come down too. In accordance with Section 3.6 of the Leominster City Charter a vote was taken to request Patrick LaPointe, Roger Brooks and Charlie Reed to come down for an informational meeting regarding water rates on September 26, 2011. Councillor Dombrowski said if there are any questions please forward them to the Clerk 4-5 days in advance. Councillor Nickel said the Superintendent of Schools will be coming down September 29, 2011. He said he gave the Superintendent the questions regarding bullying and traffic issues. He said if there are any more questions get them to the Clerk so that the Superintendent will have them in advance. Councillor Lanciani said regarding school choice, he would like to know what was paid out last year and to which communities. Councillor Cormier said that very late last year we were suppose to have a meeting with the Superintendent and it never happened. We had a list of questions from last year that he will supply. Councillor Chalifoux Zephir said she would like to know what the Superintendents plan is to deal with the exodus of students from the school. Councillor Nickel said he plans on bringing the Superintendent down 2-3 times a school year. Councillor Rowlands said along with the school choice discussion he would like to add the school choice account. He suggested the School Committee be invited with the Superintendent for this meeting and maybe other meetings. Councillor Rowlands said he put forth a petition of the DOR review and this resolution is currently tabled and would like to place it on the next agenda. Councillor Cormier said it has been a while since Mr. Giorgio has been down regarding an update on any pending litigation. Councillor Salvatelli suggested to have Mr. Giorgio send us a list of any pending cases for review. Councillor Marchand said he would like to get an update on the Lancaster Street property for the new police station. Upon request of the WAYS & MEANS COMMITTEE, the following RESOLUTIONS were given FURTHER TIME. Vt. 8/0 RESOLUTION – Designation of 320 Industrial Road- Economic Opportunity Area RESOLUTION – Designation of 320 Industrial Road-Bevovations LLC (d/b/a New England Apple Products Company) Tax Increment Financing MEETING ADJOURNED AT 8:14 P.M. _____________________________ Lynn A. Bouchard, City Clerk and Clerk of the City Council