| CITY OF LEOMINSTER CITY COUNCIL NOVEMBER 22, 2004 HEARING BEFORE THE CITY COUNCIL, 6:20 P.M. 36-05 Massachusetts Electric Company and Verizon New England Inc.: Highland Avenue; Install one jointly owned pole and remove one jointly owned pole on Highland Avenue beginning at a point approximately 820 feet south of the centerline of the intersection of Lindell Avenue and continuing approximately 8 feet in a southerly direction.(Public Service) HEARING BEFORE THE CITY COUNCIL, 6:25 P.M. 37-05 Massachusetts Electric Company and Verizon New England Inc.: Alder Drive; Install one jointly owned pole on Alder Drive beginning at a point approximately 125 feet north of the centerline of the intersection of Danielle Drive.(Public Service) HEARING BEFORE THE CITY COUNCIL, 6:30 P.M. Relative to amending Section 16-30 of the Revised Ordinances by deleting Schedule W in its entirety and inserting in its place (b)(1), (b)(2) and (b)(3) increasing the hourly scales of pay for W-1 through W-6 by 2% (Maximum Column only) effective 7/1/03; 2.5%; effective 7/1/04, 3% effective 7/1/05, changes which reflect the settlement reached with the DPW union. (Legal Affairs) HEARING BEFORE THE CITY COUNCIL, 6:35 P.M. Relative to amending Section 16-30 of the Revised Ordinances by deleting Schedule F in its entirety and inserting in its place a new Schedule F (2)(a), (2)(b) and 2(c) increasing the pay scales for F-1 thru F-5 by 2% (for maximum fire positions only), effective 7/1/03; 2.5% effective 7/1/04; and 3% effective 7/1/05, changes which reflect the settlement with the Fire Department Union.(Legal Affairs) HEARING BEFORE THE CITY COUNCIL, 6:40 P.M. Relative to amending Section 16-30 of the Revised Ordinances by deleting schedule (a) in its entirety and inserting in its place (a)(1), (b)(1), (c)(1) increasing salaries & wages of S-1 through S-10 (maximum column only) by 2% effective 7/1/03; by 2.5% effective 7/1/04 and 3% effective 7/1/05.(Legal Affairs) HEARING BEFORE THE CITY COUNCIL, 6:45 P.M. Relative to amending Section 16-33 of the Revised Ordinances entitled “Longevity” by deleting it in its entirety and inserting in it’s place, a new section with increases effective 7/1/03; also amend Section 16-13 entitled “Vacations” by adding (b)(8) - Employees entitled to four or more weeks vacation in a calendar year may buy back up to five (5) days of vacation time.(Legal Affairs) HEARING BEFORE THE CITY COUNCIL, 6:50 P.M. Relative to amending Chapter 4 Section 4-2.10 of the Revised Ordinances entitled “Disposal of Building Materials” is hereby amended by deleting the words “final approval of” and inserting in their place the words “a building permit for.”(Legal Affairs) HEARING BEFORE THE CITY COUNCIL, 6:55 P.M. Relative to amending Chapter 12 of the Revised Ordinances, Section 12-2 entitled “Fees-Schedule” is hereby amended at paragraph (57) by amending the fee for “Board of Appeals applications, filing fee” from $150.00 to $200.00.(Legal Affairs) HEARING BEFORE THE CITY COUNCIL, 7:00 P.M. Relative to amending Chapter 13, Section 13-77 of the Revised Ordinances entitled “Stop Signs” by inserting “Prospect Terrace, against southbound drivers at Prospect Street.”(Legal Affairs) HEARING BEFORE THE CITY COUNCIL, 7:05 P.M. Relative to amending Chapter 22, Section 22-26 of the Revised Ordinances entitled “Tabled of Uses”, by inserting the following entry under “Business Uses”: (Legal Affairs) RRA RAA RB RC BA BB C I Marshall Arts School/Studio N N N N SPBA Y Y N HEARING BEFORE THE CITY COUNCIL, 7:10 P.M. Relative to amending Chapter 16, Section 16-34 of the Revised Ordinances entitled “Classification of Positions” is hereby amended by changing the classification of the Director of Inspections from S-9 to S-10.(Legal Affairs) HEARING BEFORE THE CITY COUNCIL, 7:13 P.M. Relative to amending Chapter 13 Section 13-77 of the Revised Ordinances entitled “Stop Signs” by inserting Buono Avenue against northbound drivers at North Main Street; Dettling Avenue against northbound drivers at North Main Street and Westland Avenue against northbound drivers at North Main Street.(Legal Affairs) HEARING BEFORE THE CITY COUNCIL, 7:15 P.M. C-62 Relative to determining the factor to be used in setting the Fiscal Year 2005 tax rate.(Finance) PUBLIC FORUM, 7:45 P.M. REGULAR MEETING OF THE CITY COUNCIL, 8:00 P.M. ROLL CALL COMMUNICATIONS C-63 Relative to the appropriation of $5,000.00 to the City Council Expense Account; same to be transferred from the Excess and Deficiency Account.(Finance) C-64 Relative to the appropriation of $7,500.00 to the Department of Public Works Sewer and Drainage Account; same to be transferred from the Excess and Deficiency Account.(Finance) C-65 Relative to the appropriation of $12,450.00 to the Emergency Management Agency Expense Account; same to be transferred from the Excess and Deficiency Account.(Finance) C-66 Dean J. Mazzarella, Mayor: Request that the City Council endorse a petition amending Chapter 22 of the Revised Ordinances entitled Zoning by adding “No Zoning Ordinance shall be adopted or amended without notification to residents affected by said adoption or amendment. Notification of hearing shall be sent by mail, postage prepaid, to any such owner of record whose property lies in the district where the change is sought.”(Legal Affairs) C-67 Dean J. Mazzarella, Mayor: Declare the property owned by the City of Leominster located on Jungle Road, Assessors Map 304, Lot 2, be declared surplus and made available for sale according to M.G.L. Chapter 30B, Section 16. (City Property) 11/22/04 PETITIONS 38-05 Walter Sterling, Fire Protection Consultant for The Home Depot: Amend the license to store 36,682 gallons of flammable and combustible liquids, and aerosols and 14,618 cubic feet of flammable gases at 135 Commercial Road. (Legal Affairs) 39-05 Daniel J. McCarty, McCarty Associates Inc. for CAMCO Manufacturing Inc.: Amend the license to store a total of 560,000 gallons of above ground flammable liquids at 163 Pioneer Drive.(Legal Affairs) 40-05 Edward Cataldo and Ten Registered Voters: Amend Article I of the Revised Ordinances, Section 22-12/12.5 non-conforming uses, structures and lots by adding “or for use authorized by Special Permit” to the end of section 12.5 and creating a new subsection 22-12.5.1 which will allow by Special Permit by the Board of Appeals an existing building in an Industrial or Commercial District to be used for other uses listed in Article II Section 22-26 as being permitted as of right or by Special Permit.(Legal Affairs) 41-05 David E. Rowlands and Robert Salvatelli: Increase the salary of the Mayor by $10,000.00 effective January 1, 2006, $10,000.00 effective January 1, 2007 and $5,000.00 effective January 1, 2009, and on an annual basis thereafter, a percentage increase of the Mayoral Salary will be based on the annual consumer price index (CPI-U) of the previous calendar year, with a minimum of no increase and a maximum increase of 5%.(Ways & Means) MATTERS BEFORE THE CITY COUNCIL FINANCE C-35 Relative to the appropriation of $50,000.00 to the Department of Public Works Traffic Improvement Expense Account; same to be raised by FY 2005 Revenue. C-47 Relative to the appropriation of $2,000.00 to the Personnel Department Expense Account; same to be transferred from the Excess and Deficiency Account. C-53 Relative to the appropriation of $23,107.00 to the Retirement System Expense Account; same to be transferred from the Excess and Deficiency Account. 11/22/04 C-54 Relative to the appropriation of $35,879.00 to the Cemetery Capital Outlay Expense Account; same to be transferred from the Cemetery Perpetual Care Income Account. C-55 Relative to the appropriation of $28,100.00 to the Fire Department Capital Outlay Expense Account; same to be transferred from the Excess and Deficiency Account. C-56 Relative to the appropriation of $1,100.00 to the Health Department Salary and Wages Account; same to be transferred from the Health Department Salary & Wages Account. C-57 Relative to the appropriation of $1,000.00 to the Emergency Management Expense Account; same to be transferred from the Excess and Deficiency Account. C-58 Relative to the appropriation of $10,000.00 to the Fire Department Expense Account; same to be transferred from the Excess and Deficiency Account. C-59 Relative to the appropriation of $5,500.00 to the Police Anti-Drug Task Force Expense Account; same to be transferred from the Excess and Deficiency Account. C-62 Dean J. Mazzarella, Mayor: Relative to determining the factor to be used in setting the Fiscal Year 2005 tax rate. 35-05 Claire M. Freda: Request the City Council and Mayor create an account funded by an appropriation by the Mayor of at least $10,000.00, or the amount deemed necessary by the DPW Director and the Mayor to allow the correction of drainage and water problems throughout the city. PUBLIC SERVICE 31-05 Robert Salvatelli: Accept Tisdale Avenue as a public way. 36-05 Massachusetts Electric Company and Verizon New England Inc.: Highland Avenue; Install one jointly owned pole and remove one jointly owned pole on Highland Avenue beginning at a point approximately 820 feet south of the centerline of the intersection of Lindell Avenue and continuing approximately 8 feet in a southerly direction. 11/22/04 37-05 Massachusetts Electric Company and Verizon New England Inc.: Alder Drive; Install one jointly owned pole on Alder Drive beginning at a point approximately 125 feet north of the centerline of the intersection of Danielle Drive.(Public Service) LEGAL AFFAIRS C-60 Dean J. Mazzarella, Mayor: Accept a donation of $53,873.12 from Bovenzi, Inc. for sidewalks and related expenses on Central Street as required by Chapter 44, Section 53A of the Massachusetts General Laws. C-61 Dean J. Mazzarella, Mayor: Request that the City Council, the Zoning Board of Appeals and Planning Board adopt “Additional Notification Requirements” which would require any applicant for a variance or special permit erect and maintain in legible condition one or more public notification panels at the site for which relief is requested. 29-05 Liberty Rental Corp. on behalf of Francis Bartolomeo: Grant a Special Permit to construct the Brooks Pond Condominium Project located at 900 Central Street, as shown on Assessors Map 317 as lots 5A1, 5A2, 5B1, 5B2 and 5D located within the flood plain. APPOINTMENTS Rosemary Bracani – Cable Advisory Board – term to expire April 15, 2005 (to fill the unexpired term of Cedric Arno) NEW BUSINESS OLD BUSINESS 2ND Reading Ordinance – Amend Chapter 21, Section 21-22.4 (b) entitled “Water and Sewer” by deleting the table contained in Section 21-22.4(b) in its entirety and inserting in its place the following.(Legal Affairs) Proposed Discharge/Day Rate Total Charges 1,000 gpd – 2,000 gpd $1.50 $1,500 - $3,000 2,001 gpd – 10,000 gpd $3,000. plus $1.00/gal $3,000 - $11,000 10,001 gpd – 50,000 gpd $11,000 plus $.50/gal. $11,000 -$20,000 50,001 gpd & over Flat Fee $25,000 2nd Reading Ordinance – amend Chapter 22 of the Revised Ordinances entitled “Zoning” by amending Section 22-26 “Table of Uses Temporary mobile or trailer homes” by deleting the Special Permit requirement by City Council (SPCC) and also adding Temporary use of a mobile or trailer home is allowed for residential purposes after a fire or other similar disaster; approval may be granted by the Director of Inspections for 30 days; the City Council may approve an additional 120 day period, followed by 60 day extensions, if necessary, not to exceed one year.(Legal Affairs) 2nd Reading Ordinance - amend Section 16-30 of the Revised Ordinances by deleting Schedule W in its entirety and inserting in its place (b)(1), (b)(2) and (b)(3) increasing the hourly scales of pay for W-1 through W-6 by 2% (Maximum Column only) effective 7/1/03; 2.5%; effective 7/1/04, 3% effective 7/1/05, changes which reflect the settlement reached with the DPW union.(Legal Affairs) 2nd Reading Ordinance - amend Section 16-30 of the Revised Ordinances by deleting Schedule F in its entirety and inserting in its place a new Schedule F (2)(a), (2)(b) and 2(c) increasing the pay scales for F-1 thru F-5 by 2% (for maximum fire positions only), effective 7/1/03; 2.5% effective 7/1/04; and 3% effective 7/1/05, changes which reflect the settlement with the Fire Department Union.(Legal Affairs) 2nd Reading Ordinance - amend Section 16-30 of the Revised Ordinances by deleting schedule (a) in its entirety and inserting in its place (a)(1), (b)(1), (c)(1) increasing salaries & wages of S-1 through S-10 (maximum column only) by 2% effective 7/1/03; by 2.5% effective 7/1/04 and 3% effective 7/1/05.(Legal Affairs) 2nd Reading Ordinance - amend Section 16-33 of the Revised Ordinances entitled “Longevity” by deleting it in its entirety and inserting in it’s place, a new section with increases effective 7/1/03; also amend Section 16-13 entitled “Vacations” by adding (b)(8) - Employees entitled to four or more weeks vacation in a calendar year may buy back up to five (5) days of vacation time.(Legal Affairs) 2nd Reading Ordinance – amend Chapter 4 Section 4-2.10 of the Revised Ordinances entitled “Disposal of Building Materials” is hereby amended by deleting the words “final approval of” and inserting in their place the words “a building permit for.”(Legal Affairs) 2nd Reading Ordinance – amend Chapter 12 of the Revised Ordinances, Section 12-2 entitled “Fees-Schedule” is hereby amended at paragraph (57) by amending the fee for “Board of Appeals applications, filing fee” from $150.00 to $200.00.(Legal Affairs) 2nd Reading Ordinance – amend Chapter 13, Section 13-77 of the Revised Ordinances entitled “Stop Signs” by inserting “Prospect Terrace, against southbound drivers at Prospect Street.”(Legal Affairs) 2nd Reading Ordinance – amend Chapter 22, Section 22-26 of the Revised Ordinances entitled “Tabled of Uses”, by inserting the following entry under “Business Uses”(Legal Affairs) RRA RAA RB RC BA BB C I Marshall Arts School/Studio N N N N SPBA Y Y N 2nd Reading Ordinance – amend Chapter 16, Section 16-34 of the Revised Ordinances entitled “Classification of Positions” is hereby amended by changing the classification of the Director of Inspections from S-9 to S-10.(Legal Affairs) 2nd Reading Ordinance – amend Chapter 13 Section 13-77 of the Revised Ordinances entitled “Stop Signs” by inserting Buono Avenue against northbound drivers at North Main Street; Dettling Avenue against northbound drivers at North Main Street and Westland Avenue against northbound drivers at North Main Street.(Legal Affairs) TABLED PETITION UPON WHICH ACTION IS PROPOSED WAYS & MEANS 23-05 William C. (Bud) Taylor II: Authorize an increase in the salary of the Chief Executive Officer of the City of Leominster to be commensurate with the duties, responsibilities, authorities and obligations incumbent upon the office; a suggested total annual compensation range of one hundred thousand to one hundred and twenty-five thousand dollars for the position, based upon research of similar levels of corporate and public oversight. Ann B. Mahan City Clerk November 18, 2004 |