City Council

HEARING BEFORE THE CITY COUNCIL, JUNE 8, 2015 Hearing opened at 6:45 P.M. with Councillor Dombrowski, Chair of the LEGAL AFFAIRS COMMITTEE, presiding All members were present. Patrick McCarty of McCarty Engineering was present and representing the applicants. The following PETITION was the subject of the hearing: 57-15 James J. Carnivale, Karen L. Carnivale and Jeffrey T. Duval: Modify the Zoning map by changing the district designation from Residential to Commercial for land owned by the petitioners as shown on the Assessors Map 239, Lots 5 and 8, and Map 240, Lots 3 and 4. Mr. McCarty said the applicants are requesting to rezone four parcels on Main Street. He showed the parcels on a map. He said two parcels belong to Duval of which one lot is vacant. There was a house that was torn down in 1995 and just a grassed area and the other parcels is the existing E.T. Duval business. The other two parcels belong to Carnivale which is the existing real estate office and the garage and a rear parcel. Mr. McCarty said the parcels are currently zoned Residents B and they are requesting they be rezoned to Commercial which is immediately adjacent to the sites. Currently there are businesses on each parcel which are pre-existing nonconforming being that they are in a residential zone. He said they looked at the best options to address this, the two options being Commercial zone where they are allowed uses or an MU1 where they are in an allowed use. They consulted with the Building Inspector and the general consensus was that it made more sense to go Commercial because it is contiguous with the adjoining Commercial land than it would to create an isolated pocket of MU1.  2 HEARING BEFORE THE CITY COUNCIL, JUNE 8, 2015, continued By rezoning to Commercial the Duval piece would go from pre-existing nonconforming to grandfathered and if they wanted to do any expansion of that it would only require a Special Permit and Site Plan Approval from the Planning Board so it is improving their zoning status by going that route. The business and professional office of the real estate office would simply become an allowed use. Mr. McCarty said the Planning Board had a hearing on this last Tuesday evening where they presented the reasoning and the logic behind this and the Planning Board voted to have a favorable recommendation to support the rezoning. The one item that did come up in discussion was a small parcel which the Board was wondering why they didn’t include it. He said it belongs to the Commonwealth of Massachusetts and we don’t have permission to request to rezone the State’s land. However, we didn’t object and the Planning Board didn’t object to incorporating the section because this is exactly all one piece so we could modify the map. In reality is doesn’t make any difference because it is 30 feet down in the hole and an extension of the swamp that is adjacent to the bridge abutment. He said the Council should have a copy of a recommendation from Kopelman & Paige portions of which were read into the record and on file in the City Clerk’s Office. Mr. McCarty said they feel this is a good move for the parcels taking two pre-existing nonconforming parcels and improves their zoning status. It makes sense with the other surrounding uses if you continue along Main Street then you have Dunkin Donuts, gas stations, restaurants and commercial continuing down to Searstown. There are no immediate plans for development of the site but it would also provide for the highest and best use of these parcels in the future. He feels the Kopelman and Paige letter goes a long way to support the request as does the recommendation of the Planning Board. No one in the audience spoke in favor of this petition. Susan Chalifoux Zephir, who owns a home at 352 Main Street, is opposed to the petition. She says she understands Mr. McCarty’s comments about these parcels abutting commercial parcels but on the other side of the street is all residential. Route 2 is the dividing line in terms of commercial use, which is north of Route 2 and south of that it is primarily residential. There are homes on both sides of the street. The backside of the Duval parcels abuts Allen Street which is all residential. She does not feel that it is appropriate to rezone these four parcels which will make a huge parcel and it’s a busy street. She said as a homeowner in the neighborhood she is asking the City Council to consider the impact such a change to Commercial would have. Ms. Chalifoux Zephir said the Council declined a similar petition a year or so ago and one of the reasons they did was because there was a proposed development but the developer would not disclose what the use was. So tonight we have the same proponents, which have been expanded, and we still don’t know what the proposed use is. Commercial use will be disruptive with more traffic, lighting issues and noise issues. This is a residential neighborhood, there are people on both sides of Main Street, and there are people on the backside on Allen Street that would be directly affected by this. Councillor Bodanza said to Mr. McCarty, you mentioned about improving the zoning status of the Duval parcel and it was suggesting that the rezoning would permit the owner of the Duval parcel to apply for a change by Special Permit in the current use. Mr. McCarty said no, not in the current use. The current use is grandfathered, it has been there since the 1950’s and there are no plans to do anything to disrupt that business. It is going to stay in operation. Councillor Bodanza asked if the business was industrial by nature. Mr. McCarty said it is considered light industrial. He said we met with the Building Inspector about this and asked his input and he said if it is going to continue in operation the way it is, it is fine its grandfathered use. If there is going to be any exterior modifications proposed then that would require Special Permit and Site Plan approval. Councillor Bodanza said I think you mentioned that the rezoning would improve somehow the prior nonconforming use status of the property. Mr. McCarty said yes, because in Residence B it is a “NO”, Light Industrial and Residence B it is a “NO”, Light Industrial and Commercial is a Special Permit/Planning Board and Site Plan approval required. Councillor Bodanza asked couldn’t you expand a prior nonconforming use that is grandfathered by Special Permit as well? Mr. McCarty said yes. Councillor Bodanza said so either way the Duval parcel, if it was going to expand the current grandfathered nonconforming use you are still looking for a Special Permit whether it is rezoned or stays the same, it’s still a Special Permit, right? Mr. McCarty said limited only to the current use, yes. As far as any Site Plan issues traffic, noise, lighting anything like that would all be Site Plan approval at the time and there is absolutely no developer in the background, no deal to be made, this is simply trying to address the current situation of these parcels. Councillor Bodanza said the Kopelman & Paige letter indicates that this is not a spot zone, which he agrees with, it clearly would abut an existing Commercial zone and clearly takes it out of any type of spot zoning, but they are just making a legal opinion as to whether it is capable of being rezoned, correct? Mr. McCarty said correct. Councillor Nickel asked what the frontage on Main Street would be combining the two properties. Mr. McCarty said roughly 300 feet.  3 HEARING BEFORE THE CITY COUNCIL, JUNE 8, 2015, continued Councillor Nickel asked how many acres all total. Mr. McCarty said 4 ½ acres by lot area, probably 2 ½ acres useable. Councillor Nickel said we have a resident concerned who was on the corner of Priest and Main, does her property directly abut any of the property you are looking at to change? Mr. McCarty it is on the other side. Councillor Bodanza said there are three separate lots that have frontage on Main Street, so if some development of that property occurred in a Commercial zone conceivably there would be three curb cuts there, is that what I am seeing? If there wasn’t a combination of the parcels at some future occasion there would be theoretically three curb cuts there? Mr. McCarty said he didn’t know because there are no development plans. There were three curbs cuts there one for the business, one for the house that was torn down and one for the Carnivale property, there are three existing. The Duval’s are not going anywhere; they are going to stay there in operation. Councillor Salvatelli asked how far north on Route 13 does the commercial line end. Mr. McCarty said it goes past the plaza where Wymans and the auto parts store are. He said he thinks it goes as far as the Turnout and Paul’s Pizza. He said coming towards town, as soon as you cross over the Route 2 Bridge you’re crossing from Commercial zone to Residential zone and then all down through Whitney Field. Councillor Feckley asked what the benefit would be to rezone. Mr. McCarty said the benefit for the Carnivale property would be going from a nonconforming use to a conforming use and for the Duval parcel, he feels, it is taking the “NO” out of the zoning table as it is a “N” for light industrial or industrial and it’s allowing Special Permit and Site Plan approval through the Planning Board for all different kinds of uses allowed in a Commercial zone. If they want to do any exterior change to their existing business it would be the avenue for Site Plan approval or Special Permit from the Planning Board or if they wanted to change the use then that would allow them to do so. Councillor Marchand asked if he was aware of the previous application to rezone and why it was denied by the Council? Mr. McCarty said his understanding is that it was only the Carnivale parcels and it was a concern it was spot zoning and he heard tonight that there might have been a proposal that was unwilling to come forward at that time as well so you felt there was a lack of information provided. He said the big difference is its now four contiguous parcels and the Kopelman & Paige letter addresses the spot zoning issue and there is no developer. It has been to the Planning Board and the Zoning Board of Appeals. Councillor Marchand said you are accurate on your two pieces but there is also a third piece which was because of the neighborhood and traffic impact. At that time there was a proposal that did not convey who the company was that was coming in but it was not going to be a big traffic impact. One of the things that he looks at is you have abutters on Allen Street where we already have problems at that intersection. Have you met with the abutters and have you addressed the traffic? Mr. McCarty said no we have not met with the abutters and we have not addressed the traffic because there is no change proposed. The Duval business isn’t going anywhere. Councillor Marchand asked if the real estate parcel still for sale. Mr. McCarty said it is not currently for sale. Councillor Nickel asked if letters went out to the abutters. Mr. McCarty said no. Councillor Nickel said a couple of years ago he walked the neighborhood and spoke to the neighbors starting with Main Street at the end of Priest Street and going down and around Montana Court. After walking house to house and meeting everybody perhaps one person might have come to a hearing like we are going through tonight. People don’t read the paper or look at the legal notices. It’s after the City Council votes and there is a change they all come running down saying how did this happen and why did you do this? He said he is concerned about being put in that situation. Councillor Bodanza said the Commercial zone extends to the railroad truss and then beyond that is Business B up to about where the Turnout is. After that is Residence A. Councillor Dombrowski read the recommendation from the Planning Board which voted unanimously to recommend approval for a change in zoning from Residential to Commercial. The decision was based on the current use of the properties and because it does not create a spot zone. The Planning Board was also interested in including a small parcel of State owned land in this proposed zone change. Councillor Dombrowski said we will leave the hearing open until we get the remainder of the recommendations. HEARING ADJOURNED AT 7:00 P.M. AND CONTINUED TO JULY 13, 2015 AT 7:00 P.M. ____________________________________ Lynn A. Bouchard, City Clerk and Clerk of the City Council  4 REGULAR MEETING OF THE CITY COUNCIL, JUNE 8, 2015 Meeting was called to order at 7:30 P.M. Attendance was taken by a roll call vote; all members were present. The Committee on Records reported that the records through May 26, 2015 were examined and found to be in order. The records were accepted. A special moment of silence was held in memory of Louis E. Charpentier. The following COMMUNICATIONS were received, referred to the FINANCE COMMITTEE and given REGULAR COURSE. C-81 Relative to the appropriation of $80,000.00 to the Elections & Registration Capital Outlay Expense Account; same to be transferred from the Excess and Deficiency Account. C-82 Relative to the appropriation of $18,000.00 to the Elections & Registration Capital Outlay Expense Account; same to be transferred from the Elections & Registration Expense Account. C-83 Relative to the appropriation of $2,000.00 to the Elections & Registration Capital Outlay Expense Account; same to be transferred from the City Clerk Expense Account. C-84 Relative to the appropriation of $75,000.00 to the Fire Department Capital Outlay Expense Account; same to be transferred from the Excess and Deficiency Account. C-85 Relative to the appropriation of $75,000.00 to the Fire Department Capital Outlay Expense Account; same to be transferred from the Fire Department Salary & Wages Account. C-86 Relative to the appropriation of $15,000.00 to the Fire Department Expense Account; same to be transferred from the Fire Department Salary & Wages Account. C-87 Relative to the appropriation of $60,000.00 to the Fire Department Overtime Account; same to be transferred from the Salary & Wages Account. C-88 Relative to the appropriation of $300,000.00 to the ITTF Expense Account; same to be transferred from the Excess and Deficiency Account. C-89 Relative to the appropriation of $30,000.00 to the Library Expense Account; same to be transferred from the Library Salary and Wages Account. C-90 Relative to the appropriation of $8,000.00 to the Parking Meter Salary and Wages Account; same to be transferred from the Parking Meter Receipts Reserved for Appropriation Account. C-91 Relative to the appropriation of $10,000.00 to the Parking Meter Expense Account; same to be transferred from the Parking Meter Receipts Reserved for Appropriation Account. C-92 Relative to the appropriation of $200,000.00 to the School Department Expense Account; same to be transferred from the Excess and Deficiency Account. C-93 Relative to the appropriation of $62,000.00 to the School Department Expense Account; same to be transferred from the Excess and Deficiency Account. C-94 Relative to the appropriation of $1,000,000.00 to the Stabilization Fund; same to be transferred from the Excess and Deficiency Account. C-95 Relative to the appropriation of $20,000.00 to the Veterans Expense Account; same to be transferred from the Excess and Deficiency Account. C-96 Relative to the appropriation of $225,000.00 to the Workers Compensation Expense Account; same to be transferred from the Various Workers Compensation Loss Funds as listed: FY 2012 Workers Compensation Loss Fund $ 86,000.00 FY 2013 Workers Compensation Loss Fund $139,000.00 The following COMMUNICATIONS were received under SUSPENSION OF THE RULES, referred to the FINANCE COMMITTEE and given REGULAR COURSE. A hearing was set for June 22, 2015 at 6:30 P.M. Vt. 9/0 C-97 Relative to the appropriation of $45,581,850.00 to the Fiscal Year 2016 General Fund Budgetary Accounts; same to be raised by Fiscal Year 2016 Revenue. C-98 Relative to the appropriation of $5,675,000.00 to the various Fiscal Year 2016 Water Department Budget Accounts; same to be raised/offset by the Fiscal Year 2016 Water Rates to be collected as authorized by Massachusetts General Law Chapter 44 Section 53E. C-99 Relative to the appropriation of $5,214,000.00 to the various Fiscal Year 2016 Wastewater Department Budget Accounts; same to be raised/offset by the Fiscal Year 2016 Sewer Rates to be collected as authorized by Massachusetts General Law Chapter 44 Section 53E.  5 REGULAR MEETING OF THE CITY COUNCIL, JUNE 8, 2015, continued The following PETITION was received, referred to the PUBLIC SAFETY AND TRAFFIC COMMITTEE and given REGULAR COURSE. 61-15 Gail P. Feckley: Place three way stop signs at the intersection of Vista Avenue, Pierce Street and Haskell Avenue. The following PETITION was received, referred to the PUBLIC SAFETY AND TRAFFIC COMMITTEE and given REGULAR COURSE. 62-15 Diane Beaudoin: Allow signage to be placed at the Leominster Connector Lights and at the end of the Route 2 exit at Exit 34 for the Johnny Ro Park. Upon recommendation of the WAYS & MEANS AND VETERANS AFFAIRS, the following COMMUNICATION was GRANTED. Vt. 9/0 C-64 Dean J. Mazzarella, Mayor: Authorize the City of Leominster to pursue $24,199.00 through the United States Department of Justice - Justice Assistance Grant Program (JAG). Upon request of the WAYS & MEANS AND VETERANS AFFAIRS, the following PETITION was given FURTHER TIME. Vt. 9/0 59-15 Robert A. Cornetta: Renew the license for two pool tables at Miranda’s Pub located at 488 Lancaster Street. Upon request of the LEGAL AFFAIRS COMMITTEE, the following PETITION was given FURTHER TIME. (Hearing continued to July 13, 2015 at 7:00 P.M.) 57-15 James J. Carnivale, Karen L. Carnivale and Jeffrey T. Duval: Modify the Zoning map by changing the district designation from Residential to Commercial for land owned by the petitioners as shown on the Assessors Map 239, Lots 5 and 8, and Map 240, Lots 3 and 4. Upon recommendation of the LEGAL AFFAIRS COMMITTEE, the following PETITION was DEFEATED. Vt. 4/4, Councillors Nickel, Lanciani, Feckley and Cormier opposed and Councillor Dombrowski abstained due to a possible conflict of interest. 58-15 Claire Freda: Amend the City of Leominster’s local room occupancy excise under M.G.L. Chapter 64G, Section 3A to the rate of 6%. Upon request of the LEGAL AFFAIRS COMMITTEE, the following PETITION was given FURTHER TIME. (A hearing is set for June 22, 2015 at 7:00) Vt. 9/0 60-15 David R. Cormier, Wayne A. Nickel, Robert Salvatelli, Gail Feckley and Richard Marchand: Amend Chapter 22, Section 22-4 of the Leominster Zoning Ordinance by adding a definition for Yard Sales. Upon request of the PUBLIC SAFETY AND TRAFFIC COMMITTEE, the following PETITION was given FURTHER TIME. Vt. 8/1, Councillor Freda opposed. 54-15 Gail Feckley: Place a stop sign at Nass Farm Road and Joslin Street. Upon recommendation of the CITY PROPERTY AND PROPERTY OVERSIGHT COMMITTEE, the following COMMUNICATION was GRANTED. Vt. 9/0 C-65 Dean J. Mazzarella, Mayor: Accept the donation of one laptop computer from Guardian Information Technologies to the Library as a replacement for the one that was recently stolen. Councillor Cormier, Chairman of the Finance Committee, read the Financial Report for the City into the record. Account balances are as follows: Free Cash $ 79,367.10 Stabilization Account $12,545,407.93 Emergency Reserve $0 A recommendation from the FINANCE COMMITTEE to DENY the following COMMUNICATION was DEFEATED. Vt. 3/5, Councillors Nickel, Lanciani, Bodanza, Dombrowski and Freda opposed. Councillor Marchand abstained due to a possible conflict of interest. Upon reconsideration of the vote, a motion to GRANT the COMMUNICATION was GRANTED. Vt. 5/3, Councillors Salvatelli, Lanciani, and Cormier opposed. Councillor Marchand abstained due to a possible conflict of interest. C-66 Relative to the appropriation of $152,000.00 to the Parking Meter Capital Outlay Expense Account; same to be transferred from the Excess and Deficiency Account.  6 REGULAR MEETING OF THE CITY COUNCIL, JUNE 8, 2015, continued ORDERED: - that the sum of One Hundred Fifty Two Thousand Dollars ($152,000.00) be appropriated to the Parking Meter Capital Outlay Expense Account; same to be transferred from the Excess and Deficiency Account. Upon recommendation of the FINANCE COMMITTEE, the following COMMUNICATIONS were GRANTED and ORDERED. Vt. 9 “yeas” C-67 Relative to the appropriation of $340,000.00 to the Fire Department Capital Outlay Expense Account; same to be transferred from the Excess and Deficiency Account. ORDERED: - that the sum of Three Hundred Forty Thousand Dollars ($340,000.00) be appropriated to the Fire Department Capital Outlay Expense Account; same to be transferred from the Excess and Deficiency Acccount. RE: $250,000.00 Ambulance replacement $ 90,000.00 Ladder truck tools and equipment C-68 Relative to the appropriation of $60,000.00 to the Gallagher Building Expense Account; same to be transferred from the Gallagher Building Revolving Fund. ORDERED: - that the sum of Sixty Thousand Dollars ($60,000.00) be appropriated to the Gallagher building Expense Account; same to be transferred from the Gallagher Building Revolving Fund. C-69 Relative to the appropriation of $6,000.00 to the Highway Department Capital Outlay Expense Account; same to be transferred from the Excess and Deficiency Account. ORDERED: - that the sum of Six Thousand Dollars ($6,000.00) be appropriated to the Highway Department Capital Outlay Expense Account; same to be transferred from the Excess and Deficiency Account. RE: Land surveying for Slack Brook Project C-70 Relative to the appropriation of $150,000.00 to the Police Department Capital Outlay Expense Account; same to be transferred from the Excess and Deficiency Account. ORDERED:- that the sum of One Hundred Fifty Thousand Dollars ($150,000.00) be appropriated to the Police Department Capital Outlay Expense Account; same to be transferred from the Excess and Deficiency Account. RE: Beam replacement Upon recommendation of the FINANCE COMMITTEE, the following COMMUNICATION was GRANTED. Vt. 8/1, Councillor Freda opposed. C-71 Relative to the appropriation of $35,000.00 to the Recreation Department Capital Outlay Expense Account; same to be transferred from the Excess and Deficiency Account. ORDERED:-that the sum of Thirty Five Thousand Dollars ($35,000.00) be appropriated to the Recreation ` 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. Vt. 9/0, C-72 Relative to the appropriation of $250,000.00 to the Sanitation & Drainage Expense Account; same to be transferred from the Excess and Deficiency Account. ORDERED: - that the sum of Two Hundred Fifty Thousand Dollars ($250,000.00) be appropriated to the Sanitation & Drainage Expense Account; same to be transferred from the Excess and Deficiency Account. RE: $200,000.00 Sanitation and Drainage Projects $ 50,000.00 MS-4 Compliance C-73 Relative to the appropriation of $43,000.00 to the School Department Expense Account; same to be transferred from the Excess and Deficiency Account. ORDERED: - that the sum of Forty Three Thousand Dollars ($43,000.00) be appropriated to the School Department Expense Account; same to be transferred from the Excess and Deficiency Account. RE: School Safety and Security C-74 Relative to the appropriation of $2,440,500.00 to the Stabilization Fund; same to be transferred from the Excess and Deficiency Account. ORDERED: - that the sum of Two Million four Hundred Forty Thousand Five Hundred Dollars ($2,440,500.00) be appropriated to the Stabilization Fund; same to be transferred from the Excess and Deficiency Account. C-75 Relative to the appropriation of $75,000.00 to the Street Cleanup Expense Account; same to be transferred from the Excess and Deficiency Account.  7 REGULAR MEETING OF THE CITY COUNCIL, JUNE 8, 2015, continued ORDERED: - that the sum of Seventy Five Thousand Dollars ($75,000.00) be appropriated to the Street Cleanup Expense Account; same to be transferred from the Excess and Deficiency Account. C-76 Relative to the appropriation of $40,000.00 to the Street Marking Expense Account; same to be transferred from the Excess and Deficiency Account. ORDERED:- that the sum of Forty Thousand Dollars ($40,000.00) be appropriated to the Street Marking Expense Account; same to be transferred from the Excess and Deficiency Account. C-77 Relative to the appropriation of $25,000.00 to the Sidewalk Curbing and Street Patch Repair Expense Account; same to be transferred from the Excess and Deficiency Account. ORDERED:- that the sum of Twenty Five Thousand Dollars ($25,000.00) be appropriated to the Sidewalk Curbing and Street Patch Repair Expense Account; same to be transferred from the Excess and Deficiency Account. C-78 Relative to the appropriation of $50,000.00 to the Highway Department Expense Account; same to be transferred from the Excess and Deficiency Account. ORDERED:- that the sum of Fifty Thousand Dollars ($50,000.00) be appropriated to the Highway Department Expense Account; same to be transferred from the Excess and Deficiency Account. A recess was called at 9:01 P.M. to get an explanation from The Comptroller regarding C-79. Meeting reconvened at 9:02 P.M. C-79 Relative to the appropriation of $20,000.00 to the Sidewalk Improvement Expense Account; same to be transferred from the Excess and Deficiency Account. ORDERED:- that the sum of Twenty Thousand Dollars ($20,000.00) be appropriated to the Sidewalk Improvement Expense Account; same to be transferred from the Excess and Deficiency Account. RE: Weed Control C-80 Relative to the appropriation of $135,000.00 to the Highway Department Capital Outlay Expense Account; same to be transferred from the Excess and Deficiency Account. ORDERED:- that the sum of One Hundred Thirty Five Thousand Dollars ($135,000.00) be appropriated to the Highway Department Capital Outlay Expense Account; same to be transferred from the Excess and Deficiency Account. RE: Purchase of Backhoe Upon recommendation of the WAYS & MEANS AND VETERANS AFFAIRS the following APPOINTMENT was CONFIRMED. Vt. 9 “yeas” Library Board of Trustees- Lawrence L. Nfor – term to expire April 15, 2018 Under Old Business, Councillor Lanciani said approximately 7 months ago we met in Executive Session with regards to paying Mr. Mullaney and up until now, Mr. Mullaney has not been paid and he would like to have an Executive Session with the Comptroller, the Mayor and Kopelman & Paige. He said he would like to get an answer. Motion was made by Councillor Lanciani and seconded by Councillor Dombrowski. Vt. 8/0, Councillor Bodanza abstained due to a possible conflict of interest. Council President Marchand said there are some guidelines to Executive Session so the appropriate people will be invited to attend if necessary. Under New Business, Council President Marchand said on June 14th there will be the Firefighters 115th Memorial Service at the Commons at the Firefighters Memorial monument. The mass will be at 8:00 A.M.at 19 Church Street at the firehouse and then a march from central headquarters to the lower part of the monument and then the service will take place at approximately 8:45 A.M. Councillor Freda read a letter from the Massachusetts Envirothon to Elizabeth Pratt, Principal of the Leominster High School congratulation to the Leominster High School Envirothon Team for their hard work and success at the 2015 Mass Envirothon for 4th place overall. The letter is on file in the City Clerk’s office. MEETING ADJOURNED AT 9:15 P.M. ____________________________________ Lynn A. Bouchard, City Clerk and Clerk of the City Council