| 6:00 P.M. Informational Meeting: with Maribel Fournier and an insurance representative relative to Disability Insurance (Petition 151-04) 6:30 P.M. Ways & Means and Public Safety Committee Meeting: Relative to Petition 24-05 CITY OF LEOMINSTER CITY COUNCIL SEPTEMBER 27, 2004 HEARING BEFORE THE CITY COUNCIL, 6:55 P.M. Relative to amending Chapter 12 of the Revised Ordinances entitled “Licenses” by inserting a new section 12-3A entitled “Permits for Work in Watershed Protection District” requiring city employees or agents to submit to the City Council photocopies of any and all licenses or permits issued regarding the repair or construction of dwellings, dwelling units, or other building located within the “Watershed Protection District”, said copies shall be filed with the City Clerk within forty-eight hours of issuance of the permit. License or permit issuing agents shall include, but not be limited to, the Building Inspector the Environmental Inspector, the Gas and Plumbing Inspector, the Electrical Inspector and the Health Inspector.(Legal Affairs) HEARING BEFORE THE CITY COUNCIL, 7:10 P.M. (Continued from September 13, 2004) 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.(Legal Affairs) HEARING BEFORE THE CITY COUNCIL, 7:15 P.M. 17-05 Massachusetts Electric Company and Verizon New England Inc.: Peterson Street; Relocate one jointly owned pole on Peterson Street beginning at a point approximately 1902 feet southwest of the centerline of the intersection of Wachusett Street and continuing 22 feet in a northeasterly direction.(Public Service) HEARING BEFORE THE CITY COUNCIL, 7:20 P.M. 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.(Legal Affairs) HEARING BEFORE THE CITY COUNCIL, 7:30 P.M. (Continued from September 13, 2004) Relative to amending Chapter 22 of the Revised Ordinances entitled “Zoning” by amending Article VI, Section 22.41.5.4 “Water Supply Protection Use Regulations”; Article III, “Dimensional Regulations” Section 22-27.4 and 22-27.8 “General Requirements” with respect to the Water Supply Protection District.(Legal Affairs) PUBLIC FORUM, 7:45 P.M. REGULAR MEETING OF THE CITY COUNCIL, 8:00 P.M. ROLL CALL COMMUNICATIONS 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.(Public Safety) C-23 Dean J. Mazzarella, Mayor: Review and amend the classification of the Director of Inspections from an S-9 to an S-10.(Ways & Means) PETITIONS 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.(Legal Affairs) 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. (Legal Affairs) 9/27/04 PETITIONS, continued 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.(Legal Affairs) 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.(Legal Affairs) 29-05 Liberty Rental Corp. on behalf of Francis Bartolemeo: 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) 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.(Ways & Means) APPOINTMENTS Election Officers – 2004 – 2005 – Barbara Fini, Bessie Lindsay, Kathleen Bryant, Rita Collecchi, Rosalie A. Chillemi MATTERS BEFORE THE CITY COUNCIL FINANCE C-14 Relative to the appropriation of $53,600.00 to the I.T.T.F. Expense Account; same to be raised by Fiscal Year 2005 Revenue. C-15 Relative to the appropriation of $34,750.00 to the Street Resurfacing Expense Account; same to be transferred from the Highway State Aid Reserved for Appropriation Account. C-16 Relative to the appropriation of $12,000.00 to the Wire Department Overtime Account; same to be transferred from the Emergency Reserve Account. 9/27/04 MATTERS BEFORE THE CITY COUNCIL, continued FINANCE, continued C-17 Relative to the appropriation of $18,000.00 to the Emergency Reserve Account; same to be raised by the Fiscal Year 2005 Revenue. 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-19 Dean J. Mazzarella, Mayor: Request 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. C-20 Dean J. Mazzarella, Mayor: Appropriate and authorize the Treasurer with the approval of the Mayor to borrow the sum of $185,000 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. 9/27/04 MATTERS BEFORE THE CITY COUNCIL, continued PUBLIC SERVICE 17-05 Massachusetts Electric Company and Verizon New England Inc.: Peterson Street; Relocate one jointly owned pole on Peterson Street beginning at a point approximately 1902 feet southwest of the centerline of the intersection of Wachusett Street and continuing 22 feet in a northeasterly direction. LEGAL AFFAIRS C-21 Dean J. Mazzarella, Mayor: Amend Chapter 13 Division 2 Section 13-34 of the Revised Ordinances entitled Prohibited Parking to eliminate parking along the east and west sides of Main Street from the intersection of Haws and Main Streets to the intersection of Main and Pierce Streets. 18-05 Nancy Miller: Grant a Special Permit to construct a single family dwelling at 640 Willard Street, as shown on Assessors Map 503, lot 1, located in an Industrial Zone. 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.(A hearing has been set for October 12, 2004 at 7:00 P.M.) 20-05 Patrick LaPointe for the Doyle Field Commission: Authorize the Doyle Field Commission to accept and manage fundraising donations from the Doyle Field Foundation to be deposited into the existing Doyle Field Donation Account for use in Phase I of the Doyle Field Renovation Projects and authorize the Doyle Field Commission to file on behalf of the City 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/Urban Self Help Section (Chapter 132A, Section 11) and/or any others in any way connected with the scope of this Article and to enter into all agreements and execute any and all instruments as may be necessary on behalf of Leominster to affect said proposal. PUBLIC SAFETY 21-05 Neddy Latimer, Director, Spanish American Center Inc.: Close off a portion of First Street from the corner of Spruce Street on September 18, 2004 from 9:00 A.M. to 2:30 P.M. for a Community Health Fair.(Granted under Suspension of the Rules September 13, 2004; another vote is required) MATTERS BEFORE THE CITY COUNCIL, continued CITY PROPERTY 22-05 John Kenney, New England Farm Workers Council: Request permission to use the City Council chamber to take fuel assistance applications on October 18th, 21st 25th and 29th , November 5th, 8th, 19th, 22nd, 29th, December 6th, 13th, 27th, 2004 January 3rd, 20th, 27th, February 3rd, 7th, 14th, March 3rd, 7th, 17th, 24th, 31st, April 14th and 21st 2005. 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. 24-05 Detective Lieutenant Michele D. Pellecchia on behalf of Local 282, Massachusetts Coalition of Police and Citizens of the City of Leominster: In accordance with Section 9-12 of the City Charter adopt a resolution directing the Mayor’s attention to his failure to appoint a 6th lieutenant as required by City Ordinance, Sections 2-11 and 18-1 and the City Charter, Section 2.2. APPOINTMENTS Emergency Management Administration Unit– Patricia Coggins Emergency Management Rehab Unit – Robert E. LeBlanc Board of Registras – Nancy D. Piermarini – sixty days to fill the unexpired term of Sheila K. Rockwell OLD BUSINESS 2nd Reading Ordinance – amend Chapter 12 of the Revised Ordinances entitled “Licenses” by inserting a new section 12-3A entitled “Permits for Work in Watershed Protection District” requiring city employees or agents to submit to the City Council photocopies of any and all licenses or permits issued regarding the repair or construction of dwellings, dwelling units, or other building located within the “Watershed Protection District”, said copies shall be filed with the City Clerk within forty-eight hours of issuance of the permit. License or permit issuing agents shall include, but not be limited to, the Building Inspector the Environmental Inspector, the Gas and Plumbing Inspector, the Electrical Inspector and the Health Inspector.(Legal Affairs) 2nd Reading Ordinance - : amend Chapter 22 of the Revised Ordinances entitled “Zoning” by amending Article VI, Section 22.41.5.4 “Water Supply Protection Use Regulations”; Article III, “Dimensional Regulations” Section 22-27.4 and 22-27.8 “General Requirements” with respect to the Water Supply Protection District.(Legal Affairs) NEW BUSINESS 1ST 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) 1st 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 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) 9/27/04 TABLED PETITION UPON WHICH ACTION IS PROPOSED LEGAL AFFAIRS 144-04 Wayne Nickel: Endorse a petition to amend the Leominster Zoning Ordinances by deleting the Special Permit requirement to use a trailer as a residential site after a fire or other similar disaster; permission may be granted by the City Council for a 120-day period followed by a 60-day extension if necessary. 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. 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.”(Legal Affairs) Ann B. Mahan City Clerk September 23, 2004 |