City Council

HEARING BEFORE THE CITY COUNCIL, JUNE 14, 2004 Hearing opened at 6:58 P.M. with Councillor Nickel, Chair of the Public Service Committee presiding. All members were present except for Councillor Freda; Councillors John Salvatelli and Rowlands arrived late. The following PETITION was the subject of the hearing. 134-04 Massachusetts Electric Company and Verizon New England, Inc.: Hamilton Street; relocate one jointly owned pole on Hamilton Street beginning at a point approximately 105 feet west of the centerline of the intersection of River Street and continuing approximately 48 feet in an easterly direction. Larry Schuyler, representing Massachusetts Electric spoke in support. No one spoke in opposition. No Councillors spoke. HEARING ADJOURNED: 6:59 P.M. Ann B. Mahan, City Clerk and Clerk of the City Council HEARING BEFORE THE CITY COUNCIL, JUNE 14, 2004 Hearing opened at 7:03 P.M. with Councillor Marchand, Chair of the Legal Affairs Committee presiding. All members were present. The following PETITION was the subject of the hearing. 127-04 Raymond T. Kelly: Grant a Special Permit to place a trailer next to the fire damaged dwelling at 1024 Main Street, to be used for shelter during reconstruction; temporary permit has been issued from the building department. Councillor Marchand stated that the hearing notice had been duly published and all the abutters notified. HEARING BEFORE THE CITY COUNCIL, JUNE 14, 2004, continued Introduced and made part of the records were the following: A. Petition 127-04 submitted by Raymond T. Kelly with accompanying plan. B. Letters of recommendation were received from the Health Department, the Department of Public Works and the Director of Inspections recommending approval.. C. Copies of the Notice of Public Hearing published in the Sentinel & Enterprise on May 31, 2004 and June 7, 2004. The Board of Health stated that water and sewer services must be connected properly. Councillor Marchand said that a letter was received from the Planning Department which said they will be holding their hearing on June 15, 2004. He said he spoke with the Chairman of the Planning Board who said he did not foresee any problems and would send his recommendation after tomorrow nights meeting. Councillor Marchand said that the Legal Affairs Committee would be recommending granting this petition contingent upon a positive recommendation from the Planning Board. Councillor Nickel said that prior to the changing of the Zoning Ordinance, the Council could give permission to use a trailer in case of a fire by a vote under an Emergency Preamble. He said he does agree with the Legal Affairs recommendation and said by the time this goes through they may well be in their house and the trailer will be gone. Councillor Dombrowski said he agreed with Councillor Nickel and Councillor Marchand’s recommendation. No one in the audience spoke in support. No one spoke in opposition. Due to the fact that the land is in the Residential A Zone a Special Permit issued by a two-thirds vote of the City Council is necessary. Based on the above information, the City Council at the regular meeting held on June 14, 2004 with nine members of the City Council present, determined that the applicant has complied with all the procedural requirements of the appropriate sections of the Zoning Ordinance of the City of Leominster and the Massachusetts Zoning Act. (M.G.L.) Chapter 40A and the City Council voted nine “yeas” to grant the Special Permit conditional upon a positive recommendation of the Planning Board. On June 15, 2004 the Planning Board, at their regular meeting gave a favorable recommendation. HEARING ADJOURNED: 7:06 P.M. Ann B. Mahan, City Clerk and Clerk of the City Council HEARING BEFORE THE CITY COUNCIL, JUNE 14, 2004 Hearing opened at 7:10 P.M. with Councillor Marchand, Chair of the Legal Affairs Committee presiding. All members were present; Councillor Dombrowski excused himself due to a possible conflict of interest. The following PETITION was the subject of the hearing. 129-04 Tanco Corp., Daniel Lattanzio for Liberty Supply, Inc.: Grant a Special Permit to construct a 12’ x 50’ silo pad to the rear of existing building at 195 Hamilton Street, as shown on Assessors’ map 229, lot 3, located in the floodplain district. Councillor Marchand stated that the hearing notice had been duly published and all the abutters notified. Introduced and made part of the record were the following: A. Petition 129-04 submitted by Daniel Lattanzio with a photo copy of a plan prepared by Whitman & Bingham Associates Inc., Registered Land Surveyor. B. Letters of recommendation from the Health Department, the Fire Department, the Department of Public Works and the Director of Inspections recommending approval. C. Copies of the Notice of Public Hearing published in the Sentinel & Enterprise on May 31, 2004 and June 7, 2004. The Fire Department requests that the text of the permit indicate that the construction must satisfy the criteria set forth by the applicants engineer Mr. David P. Demers P.E. in his report dated November 5, 2003. Councillor Marchand said that a letter was received from the Planning Department which said they will be holding their hearing on June 15, 2004. He said he spoke with the Chairman of the Planning Board who said he did not foresee any problems and would send his recommendation after tomorrow nights meeting. Councillor Marchand said that the Legal Affairs Committee would be recommending granting this petition contingent upon a positive recommendation from the Planning Board. HEARING BEFORE THE CITY COUNCIL, JUNE 14, 2004, continued Daniel Lattanzio, representing Liberty Supply spoke in support. He said when they originally applied for a Special Permit for this project they omitted the silo pad on the application. Mr. Lattanzio said that he did address the silo pad at that public hearing but because he neglected to put it on the application he was told by the Building Department he had to get a Special Permit. Councillor Nickel said that he grew up down the street from this site and if this site was ever under water it would mean that the whole city was. He said that he would gladly go along with the recommendation to grant this conditionally upon receipt of a positive recommendation from the Planning Board. No one in the audience spoke in support. No one spoke in opposition. Due to the fact that the land is in a floodplain district a Special Permit issued by a two-thirds vote of the City Council is necessary to carry out this proposed construction. Based on the above information, the City Council at the regular meeting held on June 14, 2004 with eight members of the City Council present, determined that the applicant has complied with all the procedural requirements of the appropriate sections of the Zoning Ordinance of the City of Leominster and the Massachusetts Zoning Act. (M.G.L.) Chapter 40A and the City Council voted eight “yeas” to grant the Special Permit conditional upon a positive recommendation of the Planning Board. On June 15, 2004 the Planning Board at their regular meeting gave a favorable recommendation. HEARING ADJOURNED: 7:06 P.M. Ann B. Mahan, City Clerk and Clerk of the City Council At 7:15 P.M. a motion was made and seconded to go into Executive Session under the provisions of Chapter 39, Section 23B of the Massachusetts General laws. Voted by roll call. Vt. 9 “yeas”. Council President Lanciani said the regular meeting would reconvene at the conclusion of the Executive Session. Recessed at 8:05 P.M. REGULAR MEETING OF THE CITY COUNCIL, JUNE 14, 2004 Meeting called to order at 8:10 P.M. Attendance was taken by a roll call vote; all members present. The Committee on Records reported that the records were examined through May 24, 2004 and found to be in order. The records were accepted. A recess was called at 8:11 P.M. to conduct interviews and hold a public forum. Meeting reconvened at 8:45 P.M. The following COMMUNICATIONS were received, referred to the FINANCE COMMITTEE and given REGULAR COURSE. A hearing was set for June 28, 2004 at 7:15 P.M. Vt. 9/0 C-103 Relative to the appropriation of $78,600,000.00 to the Fiscal Year 2005 Budget; same to be raised by Fiscal Year 2005 Revenue. C-104 Relative to the appropriation of $3,200.000.00 to the Fiscal Year 2005 Water Department Budget; same to be raised by Fiscal Year 2005 Water Department Estimated Receipts as authorized by Chapter 44, Section 53E of the Massachusetts General Laws. C-105 Relative to the appropriation of $2,500,000.00 to the Fiscal Year 2005 Waste Water Department Budget; same to be raised by Fiscal Year 2005 Waste Water Department Estimated Receipts as authorized by Chapter 44, Section 53E of the Massachusetts General Laws. The following COMMUNCATIONS were received, referred to the FINANCE COMMITTEE and given REGULAR COURSE. C-106 Relative to the appropriation of $4,000.00 to the Recreation Expense Account; same to be transferred from the Excess and Deficiency Account. C-107 Relative to the appropriation of $3,000.00 to the Highway Sidewalks and Curbing Expense Account; same to be transferred from the Snow and Ice Expense Account. C-108 Relative to the appropriation of $6,892.00 to the Recreation Department Expense Account; same to be transferred from the Excess and Deficiency Account. REGULAR MEETING OF THE CITY COUNCIL, JUNE 14, 2004, continued C-109 Relative to the appropriation of $30,000.00 to the Economic Development Expense Account; same to be transferred from the Excess and Deficiency Account. C-110 Relative to the appropriation of $3,250.00 to the Fire Department Expense Account; same to be transferred from the Excess and Deficiency Account. C-111 Relative to the appropriation of $22,500.00 to the Fire Department Expense Account; same to be transferred from the Fire Department Salary and Wages Account. C-112 Relative to the appropriation of $10,000.00 to the Treasurer Expense Account; same to be transferred from the Excess and Deficiency Account. C-113 Relative to the appropriation of $185,000.00 to the FY 2005 Worker’s Compensation Fund; $85,000.00 to be transferred from the FY 2001 Worker’s Compensation Fund and $100,000.00 from the FY 2004 Insurance Account. C-114 Relative to the appropriation of $170,000.00 to the School Department Expense Account; same to be transferred from the Excess and Deficiency Account. C-115 Relative to the appropriation of $125,000.00 to the Sewer Capital Outlay Expense Account; same to be transferred from the Sewer Expense Account. C-116 Relative to the appropriation of $350,000.00 to the Fire Department Capital Outlay Expense Account; same to be transferred from the Sale of Real Estate Fund. C-117 Relative to the appropriation of $6,000.00 to the Highway Expense Account; same to be transferred from the Excess and Deficiency Account. The following COMMMUNICATION was received, referred to the LEGAL AFFAIRS COMMITTEE, given REGULAR COURSE and referred to the Planning Board and the Traffic Department. C-118 Dean J. Mazzarella, Mayor: Amend Chapter 13, Section 13-34 of the Revised Ordinances entitled “No parking on certain streets” to allow no parking on Pioneer Drive in a southerly direction on both east and west side sections for a distance of one thousand four hundred fifty feet. The following COMMUNICATION was received, referred to the LEGAL AFFAIRS COMMITTEE, given REGULAR COURSE and referred to the Assessors and the Treasurer. C-119 Dean J. Mazzarella, Mayor: Pursuant to and in accordance with the provisions of M. G.L. c. 60, Sec. 77C vote to accept a Quitclaim Deed from Wendell P. Bartlett to the City of Leominster conveying Bartlett’s interest in and to the parcel of real estate located off Wachusett Street and shown as Plot 7 on Assessor’s Map 546, as further described in the Quitclaim Deed dated May 24, 2004 executed by Mr. Bartlett, and furthermore, that said parcel of land be held by the City for conservation or watershed protection purposes in accordance with the provisions of G.L. c. 40, Sec. 8C. The following COMMUNICATION was received under suspension of the rules, referred to the FINANCE COMMITTEE and given REGULAR COURSE. Vt. 9 “yeas” C-120 Relative to the appropriation of $30,000.00 to the I.T.T.F. Expense Account: same to be transferred from the Excess and Deficiency Account. The following PETITION was received, referred to the LEGAL AFFAIRS COMMITTEE, given REGULAR COURSE and referred to the Planning Board and the Building Department. 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. The following PETITION was received, referred to the LEGAL AFFAIRS COMMITTEE, given REGULAR COURSE and referred to the Traffic Department. 145-04 Patrick R. LaPointe, Director DPW: Amend Chapter 13, Section 13-34 of the revised ordinances to read “no parking” on the westerly side of Central Street from 739 Central Street to 1123 Central Street. The following PETITION was received, referred to the LEGAL AFFAIRS COMMITTEE, given REGULAR COURSE and referred to the Finance Committee, the Mayor and the Water and Sewer Commission. 146-04 Patrick R. LaPointe, Director DPW: Amend Chapter 21, Section 21-22.3 entitled “Sewer User Rate Schedule” by increasing the metered water fee (includes low strength industrial) for residential and out of city users by $.20 beginning 7/1/04, $.10 on 7/1/05 and $.10 on 7/1/06. REGULAR MEETING OF THE CITY COUNCIL, JUNE 14, 2004, continued The following PETITION was received, referred to the LEGAL AFFAIRS COMMITTEE, given REGULAR COURSE and referred to the Building Department, the Planning Board and the Water and Sewer Commission. 147-04 Patrick R. LaPointe, Director, DPW: Amend Chapter 21, Section 21.11.4 (a) entitled “Sewer Connection Charges” by changing the first sentence to read “all individual domestic and condominium units will be charge one thousand dollars per connection”. The following PETITION was received, referred to the FINANCE COMMITTEE, given REGULAR COURSE and referred to the Water and Sewer Commission. 148-04 Patrick R. LaPointe, Director DPW: Amend Chapter 21, Section 21-22.4 (b) entitled “Sewer Connection Charges” by increasing the rate and total charges as follows: 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 The following PETITION was received, referred to the LEGAL AFFAIRS COMMITTEE, given REGULAR COURSE and referred to the Building Department, the Conservation Commission, the Department of Public Works, the Fire Department, the Health Department and the Planning Board. A hearing was scheduled for July 12, 2004 at 7:00 P.M. Vt. 9/0 149-04 Scott Bigelow: Grant a Special permit to divide an existing building at 375 Harvard Street into separate tenant units with different uses e.g. retail, library, wholesale and distribution as shown on Assessor’s Map 370, lot 19, located in an Industrial Zone. The following APPOINTMENTS were received, referred to the WAYS & MEANS COMMITTEE and given REGULAR COURSE. Election Officers – 2004 – 2005 Emergency Management – Michael F. Valliere, Michael G. MacDuff Waste Water Treatment Plant Commission – David G. Nault – term to expire April 15, 2007 Upon recommendation of the FINANCE COMMITTEE, the following COMMUNICATIONS were GRANTED and ORDERED. Vt. 9 “yeas” C-94 Relative to the appropriation of $2,000.00 to the Building Inspector Expense Account; same to be transferred from the Excess and Deficiency Account. ORDERED: - that the sum of Two Thousand Dollars ($2,000.00) be appropriated to the Building Inspector Expense Account; same to be transferred from the Excess and Deficiency Account. C-95 Relative to the appropriation of $12,500.00 to the Health Department Expense Account; same to be transferred from the Health Department Salary & Wages Account. ORDERED:- that the sum of Twelve Thousand Five Hundred Dollars ($12,500.00) be appropriated to the Health Department Expense Account; same to be transferred from the Health Department Salary & Wages Account. C-96 Relative to the appropriation of $1,000.00 to the Planning Board Expense Account; same to be transferred from the Emergency Reserve Account. ORDERED:- that the sum of One Thousand Dollars ($1,000.00) be appropriated to the Planning Board Expense Account; same to be transferred from the Emergency Reserve Account. Upon recommendation of the FINANCE COMMITTEE, the following COMMUNICATIONS were GRANTED. Vt. 9 “yeas” C-97 Dean J. Mazzarella, Mayor: Accept a donation of $27,773.78 from Bovenzi, Inc.to be used for street curbs and sidewalks on Central Street in South Leominster. C-98 Dean J. Mazzarella, Mayor: Accept a donation of $29,700.00 from Gregg Lisciotti, Manager, Orchard Hill Park LLC to be used for fire alarm equipment. Upon recommendation of the FINANCE COMMITTEE, the following COMMUNICATIONS were GRANTED and ORDERED. Vt. 9 “yeas” C-99 Relative to the appropriation of $6,500.00 to the Recreation Department Expense Account; same to be transferred from the Excess and Deficiency Account. ORDERED:- that the sum of Six Thousand Five Hundred Dollars ($6,500.00) be appropriated to the Recreation Department Expense Account; same to be transferred from the Excess and Deficiency Account. REGULAR MEETING OF THE CITY COUNCIL, JUNE 14, 2004, continued C-100 Relative to the appropriation of $5,800.00 to the Zoning Board of Appeals Expense Account; same to be transferred from the Excess and Deficiency Account. ORDERED: that the sum of Five Thousand Eight Hundred Dollars ($5,800.00) be appropriated to the Zoning Board of Appeals Expense Account; same to be transferred from the Excess and Deficiency Account. C-101 Relative to the appropriation of $47,500.00 to the Street Resurfacing Expense Account; same to be transferred from the Highway State Aid Reserved for Appropriation Account. ORDERED: that the sum of Forty Seven Thousand Five Hundred Dollars ($47,500.00) be appropriated to the Street Resurfacing Expense Account; same to be transferred from the Highway State Aid Reserved for Appropriation Account. Upon recommendation of the PUBLIC SERVICE COMMITTEE, the following PETITION was GRANTED. Vt. 9/0 134-04 Massachusetts Electric Company and Verizon New England, Inc.: Hamilton Street; relocate one jointly owned pole on Hamilton Street beginning at a point approximately 105 feet west of the centerline of the intersection of River Street and continuing approximately 48 feet in an easterly direction. Upon recommendation of the PUBLIC SERVICE AND CITY PROPERTY COMMITTEES, the following PETITION was GRANTED. Vt. 9/0 124-04 Richard M. Marchand: Request that the City of Leominster develop a standardized Watershed District Boundary Sign and a cost analysis for said signs for the implementation of a viable signage program. I encourage and invite the Leominster School Department to participate in conducting a Watershed District Boundary sign Initiative in it’s Art Program of Studies (K-12) to select the design. Upon recommendation of the LEGAL AFFAIRS COMMITTEE, the following PETITION was GRANTED. Vt. 8/1; Councillor John Salvatelli opposed. 69-00 Dennis A. Rosa: Create an ordinance for land acquisition. Upon recommendation of the LEGAL AFFAIRS COMMITTEE, the following PETITION was GRANTED. Vt. 9/0 125-04 Richard M. Marchand: Revise the Leominster ordinances to require a homeowner or General Contractor be required to demonstrate appropriate and ultimate disposal of building materials and supplies generated in a restoration or installation project before final approval of a project by the city’s building inspector. Upon recommendation of the LEGAL AFFAIRS COMMITTEE, the following PETITION was given LEAVE TO WITHDRAW. Vt. 9/0 126-04 Richard M. Marchand: Revise Chapter 14 “Offenses-Miscellaneous” of the Leominster revised ordinances by adding Section 14-19 to read “No person shall throw or drop any material of any nature or description into or along the shores of a City of Leominster Reservoir. In the event that a person is prosecuted and found in violation of this offense, retribution shall include a minimum of three hours of community service during the annual clean-up day conducted in the City of Leominster or an agreed upon alternate date”. Upon recommendation of the LEGAL AFFAIRS COMMITTEE, the following PETITION was GRANTED contingent upon a positive recommendation from the Planning Board. Vt. 9 “yeas” 127-04 Raymond T. Kelly: Grant a Special Permit to place a trailer next to the fire damaged dwelling at 1024 Main Street, to be used for shelter during reconstruction; temporary permit has been issued from the building department. Upon recommendation of the LEGAL AFFAIRS COMMITTEE, the following PETITION was GRANTED. Vt. 6/3; Councillors Freda, John Salvatelli and Robert Salvatelli. 128-04 David Rowlands: Place “no parking” signs on the south side of Wilderwood Avenue from the intersection of Wilderwood Avenue and Main Street to the Leominster/Lunenburg Line. Upon recommendation of the LEGAL AFFAIRS COMMITTEE, the following PETITION was GRANTED contingent upon a positive recommendation from the Planning Board. Vt. 8 “yeas”; Councillor Dombrowski abstained due to a possible conflict of interest. 129-04 Tanco Corp., Daniel Lattanzio for Liberty Supply, Inc.: Grant a Special Permit to construct a 12’ x 50’ silo pad to the rear of existing building at 195 Hamilton Street, as shown on Assessors’ map 229, lot 3, located in the floodplain district. Upon recommendation of the LEGAL AFFAIRS COMMITTEE, the following PETITION was AMENDED. Vt. 9/0; GRANTED as AMENDED Vt. 8/1; Councillor John Salvatelli opposed. 135-04 Dennis A. Rosa: endorse a petition to amend Article II, Section 22-24; Industrial District, subsection 24.2.5.1 of the Revised Zoning Ordinances by authorizing the Leominster City Council to be the sole Special Permitting authority for any Mixed-Use Development Project. REGULAR MEETING OF THE CITY COUNCIL, JUNE 14, 2004, continued Upon recommendation of the LEGAL AFFAIRS COMMITTEE, the following PETITION was DENIED. Vt. 9/0 136-04 Maurice Lucier: Provide a legal opinion as to the ability of the Board of Health Regulations adopted on June 18, 2003 to withstand a legal challenge in part or in total. Upon recommendation of the CITY PROPERTY COMMITTEE, the following PETITION was GRANTED. Vt. 9/0 137-04 Leominster Historical Commission: Requests permission to place a bronze marker in the Common depicting the Monument Square Historic District. Upon recommendation of the WAYS & MEANS COMMITTEE, the following COMMMUNICATION was GRANTED and ORDERED. Vt. 9 “yeas” C-102 Relative to the appropriation of $3,189.95 to the C.D.B.G. Housing Rehabilitation Expense Account; $2,046.98 to be transferred from the Summer Youth Expense Account and $1,142.97 to be transferred from the C.D.B.G. Summer Youth Salary and Wages Account. ORDERED:- that the sum of Three Thousand One Hundred Eighty Nine Dollars and Ninety Five Cents ($3,189.95) be appropriated to the C.D.B.G. Housing Rehabilitation Account; Two thousand Forty Six Dollars and Ninety-Eight Cents ($2,046.98) to be transferred from the Summer Youth Expense Account and One Thousand One Hundred Forty Two Dollars and Ninety-Seven Cents ($1,142.97) to be transferred from the C.D.B.G. Summer Youth Salary and Wages Account. Upon request of the WAYS & MEANS COMMITTEE, the following PETITION was given FURTHER TIME. Vt. 9/0 132-04 Christopher Nikolow: Renew license for 17 pool tables at Leominster Billards, 7 Mt. Pleasant Avenue. Upon recommendation of the WAYS & MEANS COMMITTEE, the following PETITIONS were GRANTED. Vt. 9/0 138-04 Michael Quinn: Grant a Hawkers & Peddlers license to sell balloons, nite-lights and novelties at the annual Starburst Festival to be held on June 19, 2004. 139-04 Jacqueline Quinn: Grant a Hawkers & Peddlers license to sell balloons, nite-lights and novelties at the annual Starburst Festival to be held on June 19, 2004. 140-04 Kevin P. Skelly, d/b/a K & S Novelty: Grant a Hawkers & Peddlers license to sell balloons, nite-lights and novelties at the annual Starburst Festival to be held on June 19, 2004. Upon recommendation of the WAYS & MEANS COMMITTEE, the following PETITIONS were given LEAVE TO WITHDRAW without prejudice. Vt. 9/0 141-04 Maurice Lucier: Adopt a moratorium on all Executive Orders that countermand any existing law, charter, ordinance, regulation or ruling, in particular those with regard to solid waste & the transfer station, until such executive order is accompanied by the proper listings of exactly where and by what legal authority these countermands are issued and for what length of time that they can be binding. 142-04 Maurice Lucier: Instruct all city departments and contractors that they must forthwith conform to 310 CMR 19.00, (Solid Waste Management Facility Regulations). 143-04 Maurice Lucier: Adopt and put into practice a citywide policy of defining all public notices, or other communications with the public that clearly describes the intent of the notice or eminent action. Upon recommendation of the WAYS & MEANS COMMITTEE, the following APPOINTMENTS were CONFIRMED. Vt. 9/0 Emergency Management Auxiliary Police – Shawn Carlin Leominster Fire Department – Firefighters – Vincent T. Alia, Douglas W.R. Senee Board of Appeals – Terms to expire April 15, 2005 Lee Baron – David Bedard A recess was called at 9:45 P.M. to allow the Mayor to speak. Meeting reconvened at 10:20 P.M. Upon recommendation of the WAYS & MEANS COMMITTEE, the following APPOINTMENTS were given LEAVE TO WITHDRAW. Vt. 6 “yeas” and 3 “nays”; Coucillors Lanciani, Rosa and Rowlands opposed. Conservation Commission – Terms to expire April 15, 2005 Eric Legere License Commission – Terms to expires April 15, 2005 Paul R. LeBlanc REGULAR MEETING OF THE CITY COUNCIL, JUNE 14, 2004, continued Planning Board – Terms to expire April 15, 2005 John J. Souza Upon recommendation of the WAYS & MEANS COMMITTEE, the following APPOINTMENT was CONFIRMED. Vt. 9/0 Sealer of Weights and Measures – Term to Expire April 15, 2005 Joseph Quinn A recess was called at 10:57 P.M. to allow the Mayor to speak. Meeting reconvened at 11:00 P.M. Upon recommendation of the WAYS & MEANS COMMITTEE, the following APPOINTMENT was given FURTHER TIME. Vt. 7/2; Councillors Dombrowski and Lanciani opposed. A Minority Report of the WAYS & MEANS COMMITTEE to CONFIRM was DEFEATED. Vt. 7/2; Councillors Marchand, Nickel, John Salvatelli, Robert Salvatelli, Rowlands, Freda and Rosa opposed. Conservation Commission Michael Piermarini Upon recommendation of the WAYS & MEANS COMMITTEE, the following APPOINTMENTS were CONFIRMED. Vt. 9/0 Three Year Appointments – Term to Expire April 15, 2007 Doyle Field Commission Council on Aging Patrick LaPointe Eleanora Bissonnette – John Crain, Jr. Board of Health Cable TV Advisory Board William E. Brodkin, MD Kevin Fitzpatrick – Carl Piermarini Housing Authority Cable TV Advisory Board Marcel Leger Stephen Marini – Gregory Hakala – Benjamin Levy Library Board of Trustees Youth Commission Gilbert Tremblay – Carol Ann Millette Jean Melanson Recreation Commission Trustees of Soldiers Memorial Maureen Donatelly – Jeffrey O’Neill Philip Cote – Lucien Caisse Trust Fund Commission Cemetery Commission Richard Bergman Gary Ranno Five Year Appointments – Term to Expire April 15, 2009 Planning Board Salvatore M. Ciccone - *Thomas R. Carignan * denotes new appointments The following ORDINANCE was read once and adopted as presented. Vt. 8 “yeas” and 1 “nay”; Councillor Freda opposed. 1st Reading Ordinance: amend Chapter 20 of the Revised Ordinances entitled “Streets and Sidewalks” by adding a new Section 20-12.1- Roadside Memorials; allowing roadside memorials on any public street, sidewalk or walkway be left for no more than ninety days from the date of fatal accident or occurrence, a permanent memorial may be applied for by a member of the deceased’s immediate family by submitting a written request to the Department of Public Works. Under Old Business Councillor Marchand said that he is appalled that the State of Massachusetts has initiated action steps to force the residents and business in Ward 5 to give up their land. He said that he has meet with hundreds of people over the past year and they have not wavered on their commitment to have a quality neighborhood. Councillor Marchand said that he is asking for the Council’s help in turning this into a win-win situation. He said that the residents are not opposed to capital improvements but are against the taking of their land. Councillor Freda said that if you are going to blame the state, you also need to blame the two executive officers of the two cities. She said by asking for the money they are by-passing their own legislative bodies. MEETING ADJOURNED: 12:14 A. M. Ann B. Mahan, City Clerk and Clerk of the City Council