| CITY OF LEOMINSTER CITY COUNCIL OCTOBER 12, 2004 HEARING BEFORE THE CITY COUNCIL, 7:00 P.M. 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, 7:20 P.M. Loan Order – ordered that the sum of $3,000,000.00 hereby be appropriated for the cost of constructing sewer collection system upgrades and for remodeling, reconstructing and making extra ordinary repairs to the City’s wastewater treatment plant, including the payment of all other costs incidental and related thereto, and that to raise this appropriation, the Treasurer, with the approval of the Mayor, is authorized to borrow said amount under and pursuant to Chapter 44, Section 7 (1) of the General Laws, or pursuant to any other enabling authority, and to issue bonds or notes of the City therefore.(Finance) HEARING BEFORE THE CITY COUNCIL, 7:25 P.M. Loan Order – ordered that the sum of $185,000 be hereby appropriated for the purpose of purchasing for conservation and passive recreation purposes, by eminent domain or negotiated purchase or otherwise, a certain property together with buildings thereon, known as the Whittemore property consisting of 10 acres, more or less, as shown on a plan entitled “Plan of land in Leominster made by Leominster Assessors dated current 2004”; that said land be conveyed to said City of Leominster under the provisions of Massachusetts General Laws, Chapter 40, Section 8c, and as it may hereafter be amended and other Massachusetts statues relating to Conservation, to be managed and controlled by the Conservation Commission of Leominster, and the Conservation Commission be authorized to file on behalf of Leominster any and all applications deemed necessary for grants and/or reimbursements from the Commonwealth of Massachusetts deemed necessary under the Self-Help Act (Chapter 132A, Section 11) and/or any others in any way connected with the scope of this Article, and the City of Leominster and the Conservation Commission be authorized to enter into all agreements and execute any and all instruments as may be necessary on behalf of Leominster to affect said purchase.(Finance) PUBLIC FORUM, 7:45 P.M. REGULAR MEETING OF THE CITY COUNCIL, 8:00 P.M. COMMUNICATIONS C-24 Relative to the appropriation of $ 1,000.00 to the Street Signs and Fences Expense Account; same to be transferred from Emergency Reserve Account.(Finance) C-25 Relative to the appropriation of $2,662.52 to the Highway Labor Account; same to be transferred from the Emergency Reserve Account. (Finance) 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.(Finance) C-27 Relative to the appropriation of $258,000.00 to the Interest on Loans Expense Account; same to be transferred from the Excess and Deficiency Account.(Finance) C-28 Dean J. Mazzarella, Mayor: Amend Chapter 13 entitled “Motor Vehicles and Traffic”, Article IV “Operation of Vehicles”, Section 13-77 by adding “Stop Signs” at Buono Avenue and North Main Street, Dettling Avenue and North Main Street and Westland Avenue and North Main Street. (Legal Affairs) C-29 Dean J. Mazzarella, Mayor: Request that the current classification of S-3 Principal Clerk for the Recreation Department be eliminated and replaced with an S-5 Administrative Assistant.(Ways & Means) C-30 Dean J. Mazzarella, Mayor: Request that Ricardo Saudelli, employee of the Health Department be designated a Special Municipal Employee which would provide him the ability to assist the Recreation Department with various programs as needed.(Ways & Means) PETITIONS 31-05 Robert Salvatelli: Accept Tisdale Avenue as a public way.(Public Service) 10/12/04 PETITIONS, continued 32-05 Richard M. Marchand , Facilitator, of the 12th Annual Johnny Appleseed Arts & Cultural Festival on behalf of the Leominster Downtown Association: Close off West Street from School Street to Main Street, Park Street from Main Street to West Street and Church Street in the vicinity of the West Street intersection on Saturday, September 24, 2005 from 6 A.M. to 6 P.M. with a rain date of Saturday October 1, 2005. (Public Safety). 33-05 Richard M. Marchand, Facilitator of the 12th Annual Johnny Appleseed Arts & Cultural Festival on behalf of the Leominster Downtown Association: Request the use of the City Hall parking lot for a “Parking Lot Party for Adolescence” and the city parking lot between the First Baptist Church and the First Church Unitarian, on September 24, 2005 from 6 A.M. to 6 P.M. with a rain date of Saturday October 1, 2005. (City Property). APPOINTMENTS Patrick Perla – Board of Health – 3 year term 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. LEGAL AFFAIRS 12-05 Michael T. Wedge/President, BJ’S Wholesale Club, Inc.: Amend the license to store flammable liquids at 115 Erdman Way to reflect a total capacity of 10,974 gallons. 25-05 Patrick LaPointe: Install a stop sign on Prospect Terrace at the corner of Prospect Street including the installation of a raised crosswalk and push button activated flashing beacon on Prospect Street which will meet all the American with Disabilities Act Requirements. 10/12/04 MATTERS BEFORE THE CITY COUNCIL, continued LEGAL AFFAIRS, continued 26-05 John M. Dombrowski: Increase the Zoning Board of Appeals application fee from $150.00 to $200.00 to ensure that the City’s cost for advertising and processing a case are covered by each individual’s application fee. 27-05 Edward M. Cataldo: Amend Chapter 4, Section 4-2.10 of the Revised Ordinances entitled Disposal of Building Materials by deleting the words “Final Approval of” and replacing with “ a building permit for” which would allow for better enforcement of the ordinance. 28-05 Edward M. Cataldo: Amend Article I, Section 22-12/12.5 of the Revised Ordinances entitled 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 existing buildings in an Industrial or Commercial District be used for other uses listed in Article II Section 22-26, as being permitted as of right or by special permit. 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.(A hearing was set for November 8, 2004 at 7:00 P.M.) PUBLIC SAFETY C-22 Dean J. Mazzarella, Mayor: Accept a donation of equipment from International Rectifier Corporation for a Haulmark 2004 – 14 foot trailer with lettering valued at approximately $5,000.00. WAYS & MEANS C-23 Dean J. Mazzarella, Mayor: Review and amend the classification of the Director of Inspections from an S-9 to an S-10. 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. 10/12/04 MATTERS BEFORE THE CITY COUNCIL, continued WAYS & MEANS, continued 30-05 David Rowlands: Require that no person be appointed to the Planning Board, Conservation Commission or the Zoning Board of Appeals unless that person is a resident of the City and if after being appointed, that person no longer resides in the city, that seat shall automatically be deemed vacant. APPOINTMENTS Election Officers – 2004 – 2005 – Barbara Fini, Bessie Lindsay, Kathleen Bryant, Rita Collecchi, Rosalie A. Chillemi NEW BUSINESS Election Order – State Election – November 2, 2004 1st Reading Ordinance – 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 war related items”. 1st Reading Ordinance – amend Chapter 13, Section 13-77 of the Revised Ordinances entitled “Stop Signs” by inserting “Karen Street, at the intersection of Patricia Drive.” 1st Reading Ordinance – amend Chapter 13, Section 13-88 of the Revised Ordinances entitled “Left Turn Prohibition” by inserting “Granite Street, eastbound to West Street westbound via cutoff”. 1st 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 followingas follows: Proposed Discharge/Day Rate Total Charges 1,000 gpd – 2,000 gpd $1.50 $1,500 - $3,000 2,000 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 10/12/04 NEW BUSINESS, continued 1st Reading Ordinance – Amend Chapter 21, Section 21- 22.3 of the Revised Ordinances entitled “Water and Sewer” by revising the sewer user rate schedule as follows: On January 1, 2005, the rate for “Residential (includes low strength industrial)” shall increase from $1.30 to $1.50; on July 1, 2005, said rate shall increase to $1.60; and on July 1, 2006, said rate shall increase to $1.70.; said sewer rate schedule shall be further amended as follows: on January 1, 2005, the rate for “Out of City” shall increase from $1.90 to $2.10; on July 1, 2005, said rate shall increase to $2.20; and July 1, 2006, said rate shall increase $2.30.(Legal Affairs) 1st Reading Ordinance – Amend Chapter 21 of the Revised Ordinances entitled “Water and Sewer” by deleting the first sentence of Section 21-22.4(a) in its entirety and inserting in its place “All individual domestic and condominium units will be charged one thousand dollars per connection.”(Legal Affairs) OLD BUSINESS 2ND Reading Loan Order – that the sum of $3,000,000.00 hereby be appropriated for the cost of constructing sewer collection system upgrades and for remodeling, reconstructing and making extra ordinary repairs to the City’s wastewater treatment plant, including the payment of all other costs incidental and related thereto, and that to raise this appropriation, the Treasurer, with the approval of the Mayor, is authorized to borrow said amount under and pursuant to Chapter 44, Section 7 (1) of the General Laws, or pursuant to any other enabling authority, and to issue bonds or notes of the City therefore.(Finance) 2ND Reading Loan Order – that the sum of $185,000 be hereby appropriated for the purpose of purchasing for conservation and passive recreation purposes, by eminent domain or negotiated purchase or otherwise, a certain property together with buildings thereon, known as the Whittemore property consisting of 10 acres, more or less, as shown on a plan entitled “Plan of land in Leominster made by Leominster Assessors dated current 2004”; that said land be conveyed to said City of Leominster under the provisions of Massachusetts General Laws, Chapter 40, Section 8c, and as it may hereafter be amended and other Massachusetts statues relating to Conservation, to be managed and controlled by the Conservation Commission of Leominster, and the Conservation OLD BUSINESS, continued Commission be authorized to file on behalf of Leominster any and all applications deemed necessary for grants and/or reimbursements from the Commonwealth of Massachusetts deemed necessary under the Self-Help Act (Chapter 132A, Section 11) and/or any others in any way connected with the scope of this Article, and the City of Leominster and the Conservation Commission be authorized to enter into all agreements and execute any and all instruments as may be necessary on behalf of Leominster to affect said purchase.(Finance) TABLED PETITIONS UPON WHICH ACTION IS PROPOSED LEGAL AFFAIRS 13-05 James L. Xarras and ten registered voters: Amend Article VII, Section 22-46 of the Leominster Zoning Ordinance by adding a sub-paragraph to section 22-46 paragraph 46.1 that would limit authorizing construction to a maximum of 60 units in a 24 month period in each development thereby prohibiting any one development from utilizing the entire 200 non-exempt dwelling units allowed to be permitted in a 24 month period. 15-05 Norma Soares and Ten Registered Voters: Amend the Leominster Zoning Ordinance by adding “Martial Arts School Studio” to the Table of Uses in a Business A District. 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. Ann B. Mahan City Clerk October 7, 2004 |