| CITY OF LEOMINSTER CITY COUNCIL NOVEMBER 8, 2004 HEARING BEFORE THE CITY COUNCIL, 6:50 P.M. Relative to amending Chapter 13, Section 13-34 of the Revised Ordinances entitled “No Parking on Certain Streets” to delete “no parking” at certain sections of Main Street and insert in its place, Main Street (East Side), from a point beginning at the intersection of Haws and Main Streets and extending northerly along main Street to the point of the intersection of Main and Pierce Street; Main Street (West Side), from a point beginning at the intersection of Pierce and Main Streets and extending southerly along Main Street to the point of the intersection of Main and Haws Streets.(Legal Affairs) HEARING BEFORE THE CITY COUNCIL, 7:00 P.M. 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.(Legal Affairs) HEARING BEFORE THE CITY COUNCIL, 7:20 P.M. (Continued from October 12, 2004) 19-05 Doug Wynne, Three-A Sac Self-Storage: Grant a Special Permit to allow Amerco Real Estate Company an extension of a temporary permit to use the existing trailer as an office for the U-Haul Business located at 438 Harvard Street.(Legal Affairs) HEARING BEFORE THE CITY COUNCIL, 7:30 P.M. Relative to amending Chapter 13, Section 13-34 of the Revised Ordinances entitled “No Parking on Certain Streets” by inserting : Mechanic Street (north side) beginning at a point approximately 240’ more or less, from the intersection of Main Street and Mechanic Street in an easterly direction; Mechanic Street (north side )from Mt. Pleasant Avenue easterly for a distance of 220’ more or less; Mechanic Street (south side) opposite Spruce Street easterly for 132’ more or less; Mechanic Street (north side) from 97 Mechanic Street easterly for 140’ more or less; also amend Section 13-51.3 “[Thirty-minute parking] At all times” is amended by inserting: Mechanic Street, beginning at pole #2 easterly for120’, more or less.(Legal Affairs) HEARING BEFORE THE CITY COUNCIL, 7:40 P.M. Relative to amending 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) PUBLIC FORUM, 7:45 P.M. REGULAR MEETING OF THE CITY COUNCIL, 8:00 P.M. ROLL CALL COMMUNICATIONS 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.(Finance) 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.(Finance) 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.(Finance) 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.(Finance) 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.(Finance) 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.(Finance) 11/8/04 COMMUNICATIONS 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.(Finance) 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.(Legal Affairs) 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.(Legal Affairs) PETITIONS 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. (Finance) 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) 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) APPOINTMENTS Rosemary Bracani – Cable Advisory Board – term to expire April 15, 2005 (to fill the unexpired term of Cedric Arno) 11/8/04 MATTERS BEFORE THE CITY COUNCIL FINANCE C-18 Relative to the appropriation of $55,000.00 to the Legal Services Expense Account; same to be raised by the Fiscal Year 2005 Revenue. C-26 Relative to the appropriation of $276,000.00 to the Sholan Farms Land Purchase Account; same to be raised by Fiscal Year 2005 Revenue. C-31 Relative to the appropriation of $91,250.00 to the Sewer Department Expense Account; same to be transferred from the Excess and Deficiency Account. C-32 Relative to the appropriation of $242,600.00 to the Water Department Capital Outlay Expense Account; same to be transferred from the Excess and Deficiency Account. C-33 Relative to the appropriation of $900,000.00 to the School Department Transportation Expense Account; same to be transferred from the Excess and Deficiency Account. C-34 Relative to the appropriation of $30,000.00 to the Emergency Management Agency Capital Outlay Expense Account; same to be raised by FY 2005 Revenue. 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-36 Relative to the appropriation of $201,300.00 to the Fire Department Salary and Wages Account; same to be raised by Fiscal Year 2005 Revenue. C-37 Relative to the appropriation of $100,234.00 to the Fire Department Salary and Wages Account; same to be raised by Fiscal Year 2005 Revenue. C-38 Relative to the appropriation of $76,000.00 to the Assessor’s Property Revaluation Expense Account; same to be transferred from the Excess and Deficiency Account. C-39 Relative to the appropriation of $32,719.00 to various departments Salary & Wages Accounts; same to be raised by Fiscal Year 2005 Revenue. C-40 Relative to the appropriation of $117,945.00 to various departments Salary & Wages Accounts; same to be transferred from the Collective Bargaining Expense Account. C-41 Relative to the appropriation of $4,123.00 to the Sewer Department Salary and Wages Account; same to be transferred from the Sewer Expense Account. C-42 Relative to the appropriation of $17,529.00 to the Water Department Salary and Wages Account; same to be transferred from the Water Department Capital Outlay Expense Account. C-43 Relative to the appropriation of $5,000.00 to the Sewer Department Regular Labor Account; same to be transferred from the Sewer Department Expense Account. C-44 Relative to the appropriation of $24,000.00 to the Water Department Regular Labor Account; same to be transferred from the Water Capital Outlay Account. C-45 Relative to the appropriation of $146,220.00 to the Collective Bargaining Expense Account; same to be raised by FY 2005 Revenue. C-46 Relative to the appropriation of $38,800.00 to the various D.P.W. Departments; same to be transferred from the 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. PUBLIC SERVICE 31-05 Robert Salvatelli: Accept Tisdale Avenue as a public way. 34-05 McKenzie Engineering Co., Inc. on behalf of Adams Street Properties, LLC, Owners of land to be rezoned: Change the zoning district of land located at the southwest corner of the intersection of Adams Street and Cotton Street from Industrial (I) to Residence C (RC) as shown on Assessor’s Map 4, as lots 1 (4.52 acres) and 2 (0.2 acre); also change the zoning district of land contiguous to those parcels and westerly of Adams Street, southerly of Cotton Street, easterly of Cottage Street and northerly of Pleasant Street from Business B (BB) to Residence C (RC) shown on Assessors Map 3, as lots 14C (0.55 acre) total area to be rezoned is 5.27 acres to allow the redevelopment of the area into a residential townhouse development. WAYS & MEANS C-48 Relative to the appropriation of $9,843.00 to the C. D.B.G. Departments; (Code Enforcement- $2,967, Housing Rehab - $4,046, Administration - $1,746, Economic Development - $1,084) same to be transferred from the same C.D.B.G. Departments. WAYS & MEANS AND LEGAL AFFAIRS C-49 Dean J. Mazzarella, Mayor: 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. C-50 Dean J. Mazzarella, Mayor: 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. C-51 Dean J. Mazzarella, Mayor: 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. 11/8/04 C-52 Dean J. Mazzarella, Mayor: 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. NEW BUSINESS 1st 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) 1st 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) 1st 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) 1st 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) 1st 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) 11/8/04 1st 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. 1st 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.” 1st Reading Ordinance – amend Chapter 22, Section 22-26 of the Revised Ordinances entitled “Tabled of Uses”, by inserting the following entry under “Business Uses”: RRA RAA RB RC BA BB C I Marshall Arts School/Studio N N N N SPBA Y Y N 1st 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. 1st 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. OLD BUSINESS Reconsideration of Vote (two-thirds) The following ordinance was returned unsigned by the Mayor. Amend Chapter 10 of the Revised Ordinances entitled “Hawkers and Peddlers” by deleting the words “or other aerosol can amusement products in Section 10-8 subsection (b) and inserting in their place “other aerosol can amusement products, toy guns, rifles, swords and all weapons”.(Legal Affairs) 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 13, Section 13-34 of the Revised Ordinances entitled “No Parking on Certain Streets” to delete “no parking” at certain sections of Main Street and insert in its place, Main Street (East Side), from a point beginning at the intersection of Haws and Main Streets and extending northerly along main Street to the point of the intersection of Main and Pierce Street; Main Street (West Side), from a point beginning at the intersection of Pierce and Main Streets and extending southerly along Main Street to the point of the intersection of Main and Haws Streets.(Legal Affairs) 2nd Reading Ordinance – amend Chapter 13, Section 13-34 of the Revised Ordinances entitled “No Parking on Certain Streets” by inserting : Mechanic Street (north side) beginning at a point approximately 240’ more or less, from the intersection of Main Street and Mechanic Street in an easterly direction; Mechanic Street (north side )from Mt. Pleasant Avenue easterly for a distance of 220’ more or less; Mechanic Street (south side) opposite Spruce Street easterly for 132’ more or less; Mechanic Street (north side) from 97 Mechanic Street easterly for 140’ more or less; also amend Section 13-51.3 “[Thirty-minute parking] At all times” is amended by inserting: Mechanic Street, beginning at pole #2 easterly for120’, more or less.(Legal Affairs) 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) TABLED PETITION UPON WHICH ACTION IS PROPOSED LEGAL AFFAIRS 19-05 Doug Wynne, Three-A Sac Self-Storage: Grant a Special Permit to allow Amerco Real Estate Company an extension of a temporary permit to use the existing trailer as an office for the U-Haul Business located at 438 Harvard Street. 29-06 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.(Legal Affairs) TABLED ORDINANCE UPON WHICH ACTION IS PROPOSED LEGAL AFFAIRS 1st Reading Ordinance – amend Chapter 22 of the Revised Ordinances entitled “Zoning” by deleting the second sentence of Section 24.2.5.1 in its entirety and replacing it with “Site Plan Approval and a Special Permit from the City Council shall be required for any Mixed Use Development Project proposed for a site containing twenty (20) acres or more and in which more than one-third of the total land area in the development will be devoted to retail stores.” Ann B. Mahan City Clerk November 4, 2004 |