City Council

HEARING BEFORE THE CITY COUNCIL, SEPTEMBER 27, 2004 Hearing opened at 7:21 P.M. with Councillor Marchand, Chair of the Legal Affairs Committee presiding. All members were present except Councillor Rosa. The following ORDINANCE was the subject of the hearing. 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. Peter Angelini, Executive Director of Leominster Land Trust spoke in support. He said that non-permitted uses, such as commercial buildings, have gone up in the Water Supply Protection District unnoticed. He said that he feels this ordinance would be another layer of protection. Councillors Nickel and Dombrowski said they were in agreement with this ordinance. No one spoke in opposition. HEARING ADJOURNED: 7:24 P.M. Ann B. Mahan, City Clerk and Clerk of the City Council HEARING BEFORE THE CITY COUNCIL, SEPTEMBER 27, 2004(continued from September 13, 2004) Hearing opened at 7:25 P.M. with Councillor Marchand, Chair of the Legal Affairs Committee presiding. All members were present except Councillor Rosa. The following PETITION was the subject of the hearing. 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. Chief LeBlanc spoke in favor of this license being granted with conditions that were set forth in his letter. John Perra, Regional Field Operations, John Lemay, Manager of Club Construction and Mark Meek, Occupational and Public Safety Manager were in attendance representing BJ’s. Councillor Marchand said there are four items required by the Fire Department that need to be addressed and he would like to go over them individually. 1. Automatic fire alarm and fire sprinkler equipment shall remain in service at all times, with an alarm connection directly to the Fire Alarm Office in a manner satisfactory to the Chief of the Department. Chief LeBlanc said that the equipment currently exist and there has been a contract issued with Patriot Alarm and All State Fire Suppression systems to upgrade. Mr. Lemay said that they are installing the system Wednesday in which the alarm signal will go directly to Fitchburg Fire Alarm who in turn will notify Leominster. 2. Sufficient absorbent and diking materials shall be kept on hand, and accessible, to deal with any spill of flammable or combustible materials. The Leominster Fire Department shall be notified of any spill of hazardous materials. Chief LeBlanc said that additional kits were purchased and put into the building. Mr. Lemay said this was done last week. 3. Secondary access to Erdman Way shall remain unblocked and operable during all weather conditions. Mr. Lemay said that the current gates are going to be replaced with new gates that will not bind up because they will not go down to the ground. He said they are also going to put in a paver system so the trucks will have access into the parking lot from the gates. Mr. Lemay passed out drawing showing the gates and pavers. Mr. Marchand asked if this would be used only for public safety apparatus. Mr. Lemay said that there would be a chain with a lock and a key. The Fire Department would cut the chain if they needed access and BJ’s would hold the only key. HEARING BEFORE THE CITY COUNCIL, SEPTEMBER 27, 2004, Continued Councillor Marchand asked who would be maintaining the integrity of the area, such as snow removal and keeping it clean. Mr. Lemay said that they would be maintaining their property. Chielf LeBlanc said he would be speaking with the Director of Public Works regarding keeping the City’s portion accessible. Mr. Lemay said that the gates and pavers will be in place in a couple of weeks. 4. Only those personnel directly trained by the propane gas supplier shall be assigned to the refilling of containers, or work on or about that equipment. Mr. Meek said that at the request of Deputy Chief Ashton the propane company that supplies us has trained all personnel who are handling propane gas. Councillor Marchand asked Chief LeBlanc if he has any concerns with the filling station at that site. Chief LeBlanc said that the gas station is actually in Fitchburg and they have regulating authority over it. He said that we work with Fitchburg on this and it seems to be working out well. Councillor Nickel asked that all plans, agreements and drawings be put on file with the City Clerks Office. Councillor Dombrowski asked that the conditions be placed on the license. Chief LeBlanc said he would appreciate it because it gives him greater authority. Councillor John Salvatelli suggested the petition be given Further Time so that the gates will be installed before this is given a favorable vote. Councillor Nickel said that he would like a copy of any correspondence between the parties here tonight and the store manager be sent to the City Council. Councillor Rowlands said he is not happy because there was propane in the building and the sprinkler system was not working. He said that at the hearing two weeks ago there were no spillage kits and they were only put in last Friday. He said as a side note, we only receive $45,000.00 in taxes and we do a lot of chasing them around. No one in the audience spoke. HEARING ADJOURNED: 7:44 P.M. Ann B. Mahan, City Clerk and Clerk of the City Council HEARING BEFORE THE CITY COUNCIL, SEPTEMBER 27, 2004 Hearing opened at 7:45 P.M. with Councillor Nickel, Chair of the Public Service Committee presiding. All members were present except Councillor Rosa. The following PETITION was the subject of the hearing. 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. Iris Price, a Representative from Massachusetts Electric spoke in support. She said that this pole is to accommodate a new house being built. No one spoke in opposition. No Councillors spoke. HEARING ADJOURNED: 7:46 P.M. Ann B. Mahan, City Clerk and Clerk of the City Council HEARING BEFORE THE CITY COUNCIL, SEPTEMBER 27, 2004 Hearing opened at 7:47 P.M. with Councillor Marchand, Chair of the Legal Affairs Committee presiding. All members were present except Councillor Rosa. The following ORDINANCE was the subject of the hearing. 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. No one spoke in support. No one spoke in opposition. Councillor Dombrowski said he still does not know if he has a conflict of interest in this matter but if he does he will excuse himself at a later date. Councillor Nickel said that he attended the Planning Board meeting and they were suppose to obtain an opinion as to some proposed amendments. He said the City Council just received a letter at the beginning of the meeting so they will not be able to make a decision tonight. Councillor Marchand said that neither the petitioner or Planning Board member is present but for the sake of moving this forward he will close the hearing and take it up at a committee meeting. Councillor Nickel said he agrees. He said that he has not had time to review the correspondences received today and at one point there was a question as to whether or not this would be necessary. HEARING ADJOURNED: 7:52 P.M. Ann B. Mahan, City Clerk and Clerk of the City Council HEARING BEFORE THE CITY COUNCIL, SEPTEMBER 27, 2004(hearing continued from September 13, 2004) This hearing was continued from September 13, 2004 Hearing opened at 7:53 P.M. with Councillor Marchand, Chair of the Legal Affairs Committee presiding. All members were present except Councillor Rosa. The following ORDINANCE was the subject of the hearing. 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. Peter Angelini, Executive Director of the Leominster Land Trust spoke in support. He said that there has been a lot of discussion both in the Planning Board and a previous City Council hearing on this ordinance. No one spoke in opposition. Councillor Nickel spoke in support. He said that after much discussion and revision even property owners are in agreement with this change to the ordinance. HEARING ADJOURNED: 7:59 P.M. Ann B. Mahan, City Clerk and Clerk of the City Council REGULAR MEETING OF THE CITY COUNCIL, September 13, 2004 Meeting called to order at 8:01 P.M. Attendance was taken by a roll call vote; all members present except Councillor Rosa. Council President James Lanciani Jr. presented an award to the City Clerk Ann B. Mahan for her outstanding dedication, devotion, loyalty and kindness to the City Clerk’s Office and the city she serves. Councillor Lanciani said this award is from Donald Girouard on behalf of the Citizens of the City of Leominster. REGULAR MEETING OF THE CITY COUNCIL, September 27, 2004, continued A recess was called to conduct a public forum. Meeting reconvened at 8:12 P.M. The following COMMUNICATION was received, referred to the PUBLIC SAFETY COMMITTEE and given REGULAR COURSE. 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. The following COMMUNICATION was received, referred to the WAYS & MEANS COMMITTEE and given REGULAR COURSE. C-23 Dean J. Mazzarella, Mayor: Review and amend the classification of the Director of Inspections from an S-9 to an S-10. The following PETITION was received, referred to the LEGAL AFFAIRS COMMITTEE, given REGULAR COURSE and referred to the Traffic Department. 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. The following PETITIONS were received, referred to the LEGAL AFFAIRS COMMITTEE and given REGULAR COURSE. 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. The following PETITION was received, referred to the LEGAL AFFAIRS COMMITTEE, given REGULAR COURSE and referred to the Planning Board. 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. The following PETITION was received, referred to the LEGAL AFFAIRS COMMITTEE, given REGULAR COURSE and referred to the Building Inspector, the Department of Public Works, the Health Department, the Conservation Commission and the Planning Board. A hearing was set for November 8, 2004 at 7:00 P.M. Vt. 7/0; Councillor Marchand abstained due to a possible conflict of interest. 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. The following PETITION was received, referred to the WAYS & MEANS COMMITTEE, given REGULAR COURSE and referred to the Mayor and to the City Solicitor. Refer to City Solicitor only if there is not already an opinion on file. 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. The following APPOINTMENTS were received, referred to the WAYS & MEANS COMMITTEE and given REGULAR COURSE. Election Officers – 2004 – 2005 – Barbara Fini, Bessie Lindsay, Kathleen Bryant, Rita Collecchi, Rosalie A. Chillemi Upon recommendation of the FINANCE COMMITTEE, the following COMMUNICATIONS were GRANTED and ORDERED. Vt. 8 “yeas” 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. REGULAR MEETING OF THE CITY COUNCIL, September 27, 2004, continued Upon recommendation of the FINANCE COMMITTEE, the following COMMUNICATION was AMENDED from $12,000.00 to $6,0000.00. Vt. 8/0; COMMUNICATION was GRANTED as AMENDED and ORDERED. Vt. 7 “yeas’ and 1 “nay”; Councillor Freda opposed. C-16 Relative to the appropriation of $6,000.00 to the Wire Department Overtime Account; same to be transferred from the Emergency Reserve Account. ORDERED:- that the sum of Six Thousand Dollars ($6,000.00) be appropriated to the Wire Department Overtime Account; same to be transferred from the Emergency Reserve Account. Upon recommendation of the FINANCE COMMITTEE, the following COMMUNICATION was GRANTED and ORDERED. Vt. 6/2; Councilors Dombrowski and Freda opposed. 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. ORDERED:- that the sum of Eighteen Thousand Dollars ($18,000.00) be appropriated to the Emergency Reserve Account; same to be raised by Fiscal Year 2005 Revenue. Upon request of the FINANCE COMMITTEE, the following COMMUNICATION was given FURTHER TIME. Vt. 8/0 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. Upon recommendation of the FINANCE COMMITTEE, the following COMMUNICATIONS were GRANTED. Vt. 8/0 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. Upon recommendation of the PUBLIC SERVICE COMMITTEE, the following PETITION was GRANTED. Vt. 8/0 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. Upon recommendation of the LEGAL AFFAIRS COMMITTEE, the following COMMUNICATION was GRANTED. Vt. 8/0 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. Upon request of the LEGAL AFFAIRS COMMITTEE, the following PETITION was TABLED. Vt. 8/0. A hearing was scheduled for October 25, 2004 at 7:15 P.M. Vt. 8/0 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. Upon request of the LEGAL AFFAIRS COMMITTEE, the following PETITION was TABLED. Vt. 8/0. 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.) REGULAR MEETING OF THE CITY COUNCIL, September 27, 2004, continued Upon recommendation of the LEGAL AFFAIRS COMMITTEE, the following PETITION was GRANTED. Vt. 8/0 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. Upon recommendation of the PUBLIC SAFETY COMMITTEE, the following PETITION was RATIFIED. Vt. 8/0 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) Upon recommendation of the CITY PROPERTY COMMITTEE, the following PETITION was GRANTED. Vt. 8/0 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. Upon request of the WAYS & MEANS COMMITTEE, the following PETITION was given FURTHER TIME. Vt. 8/0 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. Upon recommendation of the WAYS & MEANS COMMITTEE, the following PETITION was GRANTED. Vt. 8 “yeas” 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. Upon recommendation of the WAYS & MEANS COMMITTEE, the following APPOINTMENTS were CONFIRMED. Vt. 8/0 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 The following ORDINANCES were read a second time, ADOPTED as presented and passed to be ordained. Vt. 8 “yeas” The City of Leominster In the Year Two Thousand and Four An Ordinance Amending Chapter 12 of the Revised Ordinances entitled “Licenses” Be it ordained by the City Council of the City of Leominster as follows: Chapter 12 of the Revised Ordinances entitled “Licenses” is hereby amended by inserting a new section as follows: Chapter 12-3A. Permits For Work in Watershed Protection District City employees or agents shall 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 buildings located within the “Watershed Protection District” as set forth in the Leominster Zoning Ordinance. Said photocopies 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. REGULAR MEETING OF THE CITY COUNCIL, September 27, 2004, continued The City of Leominster In the Year Two Thousand and Four An Ordinance Amending Chapter 22 of the Revised Ordinances entitled “Zoning" Be it ordained by the City Council of the City of Leominster as follows: Chapter 22 of the Revised Ordinances entitled “Zoning” is hereby amended as follows: Amend Article VI Water Supply Protection District, Section 22-41 Water Supply Protection Use Regulations, at Section 41.5.4, to read “Residential development of single-family dwellings, provided that the lot area for each dwelling is at least three acres in size, except as set forth in the Table that follows Section 22-27 of the Article III Dimensional Regulations in the case of three (3) non-sewered lots on an existing public way.” Amend Article III Dimensional Regulations, Section 22-27 General Requirements at Section 27.4 so that a period is inserted after the phrase “applicable district” in the sixth line of said section and that the words “provided, however, that this minimum front yard width requirement shall not apply to lots located within the Water Supply Protection District” be deleted in their entirety. Amend Article III Dimensional Regulations, Section 22-27 General Requirements so that the Table that follows Section 27.8 be revised to read as follows with respect to the Water Supply Protection District: A) The language for district & Minimum Lot Area shall read: “3 acres (130,680 square feet)*” B) The asterisked language at the bottom of the Table shall read “Except that with respect to land in the District that remains in the same record ownership held at the time of adoption of this amendment, a collective total of three (3) lots located on an accepted public way(s) that existed at the time of adoption of this amendment anywhere in the District may have a minimum lot frontage for each lot of 120 feet, upon approval of the Board of Health, and a Minimum Lot Area of 2 acres (87,120 square feet).” The following LOAN ORDER was read once, adopted as presented and ordered published. Vt. 8 “yeas” A hearing was set for October 12, 2004 at 7:20 P.M. Vt. 8/0 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. The following LOAN ORDER was read once, adopted as presented and ordered published. Vt. 8 “yeas”. A hearing was set for October 12, 2004 at 7:25 P.M. Vt. 8/0 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. Upon recommendation of the WAYS & MEANS COMMITTEE, the following RESOLUTION was ADOPTED. Vt. 8 “yeas” CITY OF LEOMINSTER RESOLUTION WHEREAS, The executive powers given by the City Charter authorize the Mayor to cause the charter, the laws, ordinances and order for the governing the city to be enforced; and WHEREAS, The City Charter also makes it the duty of the Mayor to see that the charter provisions are complied with; and WHEREAS, The City Ordinances requires the Mayor to fill vacancies when they occur in the police department; and WHEREAS, the City Ordinance states the police department shall be composed of six lieutenants; REGULAR MEETING OF THE CITY COUNCIL, September 27, 2004, continued NOW THEREFORE, BE IT RESOLVED, that the council adopt this resolution that the Mayor comply with his executive powers and cause the charter and ordinances to be enforced and to fill the vacancy of the sixth lieutenant in the police department. /s/ Leominster City Council Ann B. Mahan, City Clerk Under New Business Councillor Freda said that for three years she has been trying to resolve a drainage problem for a citizen in her district and has been constantly told by the Department of Public Works that they don’t have any money. She said the cost of fixing this problem would cost approximately $5,000.00 and although the City Council voted to approve the project the Mayor has not funded it. Councillor Freda said she would be sending a letter to the Finance Committee Chairman requesting that we look into the City creating a fund to address these minor projects before they become major problems. She asked that any Councillors who have projects of this type put a note in her mailbox letting her know what they thought the cost for addressing these problems in their ward would be. Councillor Robert Salvatelli said that he was happy to see the City is receiving an extra $660,000.00 and he also hopes that a portion of these funds go do the drainage problems that Councillor Freda has described. Councillor Rowlands said he was present on Saturday when testing was done at Shea Brook and Pierce Pond. He said that although the counts are better there is still a problem and the City is still keeping an eye on the problem. Councillor Rowlands said that there is no doubt as to where the problem is coming from. Councillor Marchand, Chair of the LEGAL AFFAIRS COMMITTEE, moved that the following PETITIONS be removed from the table and placed on the calendar for action. It was so voted. Vt. 8/0 Committees report as follows. 144-04 Leominster City Council; Wayne Nickel, David E. Rowlands, Claire M. Freda, Robert Salvatelli, Richard Marchand, Dennis A. Rosa, James Lanciani Jr. and John Dombrowski: 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 Director of Inspections for 30 days; the City Council may approve an additional 120-day period followed by a 60-day extension if necessary, not to exceed one year. AMENDED to add “Director of Inspections for 30 days” and “not to exceed one year” Vt. 8/0; GRANTED AS AMENDED Vt. 8/0 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. FURTHER TIME Vt. 8/0 Councillor Marchand, Chair of the LEGAL AFFAIRS COMMITTEE, moved that the following ORDINANCE be removed from the table and placed on the calendar for action. It was so voted. Vt. 6/2; Councillors John Salvatelli and Robert Salvatelli opposed. Committees report as follows. 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.” TABLED Vt. 8/0 A recess was taken at 10:40 P.M. to allow the Mayor to speak. Meeting reconvened at 10:47 P.M. Council President Lanciani reminded the Councillors that they are invited to tour the Emergency Management building on October 12, 2004 at 6:00 P.M. MEETING ADJOURNED: 10:50 P.M. Ann B. Mahan, City Clerk and Clerk of the City Council