City Council

HEARING BEFORE THE CITY COUNCIL, March 28, 2005 Hearing opened at 7:34 P.M. with Councillor Marchand, Chair of the Legal Affairs Committee presiding. All members present. The following PETITION was the subject of the hearing. 55-05 Leominster Development Corporation, Eugene J. Capoccia, President: Grant a Special Permit to construct a 14 unit townhouse community on Adams Street, as shown on Assessor’s Map 2 as lot 19, located in a flood plain district. Introduced and made a part of the record were the following: A. Petition 55-05 submitted by Eugene J. Capoccia, President Leominster Development Corporation with accompanying plan entitled “Proposed site and grading plan for Rockwell Village in Leominster, Massachusetts” prepared by Whitman & Bingham, Registered Engineers & Land Surveyors, 510 Mechanic Street, Leominster, MA. 01453 B. Notice of public hearing published in the Sentinel & Enterprise on March 14, 2005 and March 21, 2005. C. Positive recommendations were received from the Conservation Commission, the Planning Board, the Police Department, the Board of Health. A verbal recommendation was received by the Department of Public Works. No recommendation was received from the Building Inspector. Mr. Eugene Capoccia, President Leominster Development Corporation and Rick Levitz a consultant for Leominster Development who is working on the financing end of the project were present. Mr. Capoccia said that they are in front of the City Council for permission to construct a townhouse community in the floodplain district. He said that about one foot is in the 100-year floodplain. Mr. Capoccia said they would be improving the runoff because they will be removing the blacktop. Mr. Capoccia said that they originally began with a plan for 18-units but after meeting with the Planning Board it was scaled down to a14-unit community. He said one unit will be designed for a handicap family. Mr. Capoccia said that all 14 units will count towards our goal for 40B requirements and they will all be rental units. Mr. Capoccia said that City Council approval is their last step as they have already met the Planning Board and Zoning Board of Appeals requirements. Council President Robert Salvatelli asked if this was the property on Adams Street where a fence has been put up. Mr. Capoccia said it was and that the fence was put up at the request of Ann Creamer from the Health Department because people where beginning to dump trash there. Councillor John Salvatelli asked what is considered affordable housing. Mr. Capoccia said that if this was being built privately the rents would probably be in the range of $1400.00 to $1600.00. Mr. Levitz said there are going to be two bedroom and three bedroom units. He said the two bedroom units will be $570.00 to $1,000.00 per month and the three bedroom units will be $660.00 to $1150.00 per month. Councillor Marchand said that the police department expressed concern that visitors would be using the street for parking because there was only adequate parking for residents. Mr. Capoccia said that one and a half parking spaces per unit is what is required by the Planning Board and they have provided two spaces for each unit. Councillor Marchand said that since this is not a condominium project it would be up to the police to enforce regulations. He also asked what will be done with the basement. Mr. Capoccia said that this project will be managed by the Leominster Housing Authority. He said that because it is in the flood plain district the basements will only be used for storage and the heating will be located above the first floor rather than in the basement. Mr. Capoccia said that they are also installing break-away windows in the event of a flood the basements would serve as a water storage area. He said they would not allow basements to be used as bedrooms or to be finished. Councillor Marchand asked about abutters. Mr. Capoccia said he has spoken with some of the neighbors and he has not heard any negative comments. He said no one has spoken against the project at the Planning or Zoning Board meetings. Mr. Capoccia said that some of the tenants will have to meet the federal housing criteria, some will be Section 8 housing and the remaining will be offered to other Leominster residents. Councillor Rowlands asked how many were three bedrooms and how many were two. Mr. Capoccia said that there will be eight three bedroom and six two bedroom apartments. Councillor Rowlands said that a legitimate concern is the ability of emergency vehicles to get around the site. Mr. Capoccia said they have twenty-four foot driveways. He said that originally the Planning Board asked that it be one way but changed their mind because they thought that people may be inclined to park in the driveway if it was. HEARING BEFORE THE CITY COUNCIL, March 28, 2005, continued Mr. Capoccia said that each unit would have a firewall as well as adequate smoke detectors in each unit. Councillor Freda said she wanted to give them credit for the amount of three bedroom units as three bedroom units are in high demand. Council President Robert Salvatelli said that although he thinks parking may be a problem he feels this is a worthwhile project. Councillor Lanciani expressed concern for the parking. Councillor Nickel asked if they could cut into the curbing to add addition parking spaces as they did on Mechanic Street. Mr. Capoccia said they will work with the Department of Public Works to do so because that sounds like a good idea. Councillor Lanciani asked what is the status of the sewer line that they would tie into. It is under moratorium from the Department of Environmental Protection and cannot be tied into until it is lifted. Clearance is needed from the Department of Environmental Protection and the Department of Public Works before building can begin. No one in the audience spoke in support or opposition. At the regular meeting this date the Special Permit was granted with three conditions; maximum units stay at fourteen dwellings, no bedrooms in the basement and the square footage no larger than what was submitted to the Council. HEARING ADJOURNED: 8:06 P.M. Ann B. Mahan, City Clerk and Clerk of the City Council HEARING BEFORE THE CITY COUNCIL, March 28, 2005 Hearing opened at 8:12 P.M. with Councillor Marchand, Chair of the Legal Affairs Committee presiding. All members present. The following ORDINANCE was the subject of the hearing. Relative to amending Chapter 21 of the Revised Ordinances entitled “Water and Sewers” by inserting a new Article V “Storm Management” to regulate illicit connections and discharges to the storm drainage system for the protection of Leominster’s water bodies and groundwater, to be enforced by the Department of Public Works. Olga Valera , 132 West Street spoke in support. She said if this ordinance will help her to get her area of Rockwell Pond straitened out she is all for it. Patrick LaPointe said that it required that we have a Storm Water Management Ordinance. This plan requires us to take a look at all our outfalls, catch basins or any thing that dumps into a stream or water body. Councillor Marchand asked how far the management of connections and discharges goes? Mr. LaPointe said that it goes as far as it needs to. He said that we are ultimately responsible for several hundred outfalls. He said when we talk about drainage issues we find part of the problem is from subdivisions without adequate storm water management. Mr. LaPointe said that this storm water management ordinance will apply to any project over one acre and the EPA and DEP will carry out enforcement if we do not. Councillor Nickel asked Mr. LaPointe how he was going to carry this out with the number of employees he now has. Mr. LaPointe said they haven’t figured that part out yet but they are doing what they need to do by enacting this ordinance. HEARING ADJOURNED: 8:18 P.M. Ann B. Mahan, City Clerk and Clerk of the City Council REGULAR MEETING OF THE CITY COUNCIL, March 28, 2005 Meeting called to order at 8:00 P.M. Attendance was taken by a roll call vote; all members present. The Committee on Records reported that the records were examined through February 28, 2005 and found to be in order. The records were accepted. REGULAR MEETING OF THE CITY COUNCIL, March 28, 2005, continued A recess was called at 8:02 P.M. to continue the public hearings and hold a public forum. Meeting reconvened at 8:30 P.M. The following COMMUNICATIONS were received, referred to the FINANCE COMMITTEE and given REGULAR COURSE. C-117 Relative to the appropriation of $51,500.00 to the Library Expense Account; same to be transferred from the Library State Aid Reserved for Appropriation Account. C-118 Relative to the appropriation of $12,500.00 to the City Clerk Salary and Wages Account; same to be transferred from the Excess and Deficiency Account. C-119 Relative to the appropriation of $5,000.00 to the Highway Labor Account; same to be transferred from the Emergency Reserve Account. C-120 Relative to the appropriation of $12,000.00 to the Cemetery Salary and Wages Account; same to be transferred from the Cemetery Perpetual Care Income Account. C-121 Relative to the appropriation of $2,000.00 to the Cemetery Salary and Wages Account; same to be transferred from the Emergency Reserve Account. C-122 Relative to the appropriation of $6,500.00 to the Cemetery Expense Account; same to be transferred from the Cemetery Perpetual Care Income Account. C-123 Relative to the appropriation of $25,000.00 to the Fire Department Overtime Account; same to be transferred from the Excess and Deficiency Account. C-124 Relative to the appropriation of $25,000.00 to the Fire Department Overtime Account; same to be transferred from the Fire Salary and Wages Account. The following COMMUNICATIONS were received with an Emergency Preamble and referred to the FINANCE COMMITTEE. Vt. 9 “yeas” Upon recommendation of the FINANCE COMMITTEE the following COMMUNICATIONS were GRANTED and ORDERED. Vt. 9 “yeas”. C-125 Emergency Preamble Relative to the appropriation of $35,000.00 to the Snow and Ice Expense Account; same to be transferred from the Excess and Deficiency Account. ORDERED:- that the sum of Thirty Five Thousand Dollars ($35,000.00) be appropriated to the Snow and Ice Expense Account; same to be transferred from the Excess and Deficiency Account. C-126 Emergency Preamble Relative to the appropriation of $35,000.00 to the Snow and Ice Overtime Account; same to be transferred from the Excess and Deficiency Account. ORDERED:- that the sum of Thirty Five Thousand Dollars ($35,000.00) be appropriated to the Snow and Ice Overtime Account; same to be transferred from the Excess and Deficiency Account. The following COMMUNICATION was received, referred to the FINANCE and LEGAL AFFAIRS COMMITTEES, given REGULAR COURSE and referred to the Treasurer and the Assessor. C-127 Dean J. Mazzarella, Mayor: Adopt the Optional Additional Real Estate Exemptions, Chapter 126 of the Acts of 1988, which amended Section 4 of Chapter 73 of the Acts of 1986 and adjusts the amount of the exemption for those qualified under Section 5 of M.G.L. Chapter 59 to reflect an increase in the current factor of 1.25 to 1.30 effective for Fiscal Year 2006. The following PETITION was received, referred to the LEGAL AFFAIRS COMMITTEE, given REGULAR COURSE and referred to the Zoning Board of Appeals, the Comptroller and the Treasurer. 69-05 David Rowlands: Request that the Zoning Board of appeals adopt M.G.L. Chapter 44, Section 53G relative to the employment of outside consultants. The following PETITION was received, referred to the LEGAL AFFAIRS COMMITTEE, given REGULAR COURSE and referred to the Planning Board, the Comptroller and the Treasurer. 70-05 David Rowlands: Request that the Planning Board adopt M.G.L. Chapter 44, Section 53G relative to the employment of outside consultants. The following PETITION was received, referred to the LEGAL AFFAIRS COMMITTEE, given REGULAR COURSE and referred to the Conservation Commission, the Comptroller and the Treasurer. 71-05 David Rowlands: Request that the Conservation Commission adopt M.G.L. Chapter 44, Section 53G relative to the employment of outside consultants. REGULAR MEETING OF THE CITY COUNCIL, March 28, 2005, continued 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 Planning Board, the Conservation Commission, the Fire Department, the Police Department and the Assessor. 72-05 Thomas Shea and Ten Registered Voters: Rezone a parcel of land at the intersection of Jytek Drive and Central Street shown on Assessor’s Map 499 as Lot #22 from Industrial to Commercial to allow for the development of this land consistent with adjacent parcels on Central Street which are currently being used as commercial properties. The following PETITION was received, referred to the LEGAL AFFAIRS COMMITTEE, given REGULAR COURSE and referred to the Mayor. 73-05 Maribel Fournier: Amend Chapter 2 Section 2-15 of the Revised Ordinances by changing the Director of Veterans Services appointment from a one year to a three year appointment. The following PETITION was received, referred to the PUBLIC SERVICE COMMITTEE, given REGULAR COURSE and referred to the Traffic Department. 74-05 Linnea M. Romhanyi: Request a traffic study on High Street to investigate the possibility of making it a dead- end or one way street. The following PETITION was received, referred to the WAYS & MEANS COMMITTEE, given REGULAR COURSE and referred to the License Commission and the Treasurer. 75-05 Phillip McBain: Renew the license for two pool tables at Captains Lounge, 536 Main Street. The following APPOINTMENT was received, referred to the WAYS & MEANS COMMITTEE and given REGULAR COURSE. Emergency Management Agency – Christopher Tourigny The following RE-APPOINTMENTS were received, referred to the WAYS & MEANS COMMITTEE and given REGULAR COURSE. Board of Appeals – term to expire April 15, 2008 Stephen A. Decarolis, MaryAnn Cormier, Joseph Tocci Board of Appeals – Alternate Member –term to expire April 15, 2006 Lee Baron Board of Assessors – term to expire April 15, 2008 Norman Melanson Conservation Commission – term to expire April 15, 2008 Peter Lanza Doyle Field Commission – term to expire April 15, 2008 Ernest L. Rooney Historical Commission – term to expire April 15, 2008 Robert A. Saudelli, Ann Fraturelli Housing Authority – term to expire April 15, 2010 Yanneth Bermudez-Camp Library Board of Trustees – term to expire April 15, 2008 Nancy Hicks, Jeanne Zephir Planning Board – term to expire April 15, 2010 John J. Souza, Mike Cooley Recreation Commission – term to expire April 15, 2008 Patricia Caisse, Lionel A. Charpentier, Jodie L. Dube Registrar of Voters – term to expire April 15, 2008 Nancy Piermarini Trust Fund Commission – term to expire April 15, 2008 John E. Howard Wastewater Plant Commission – term to expire April 15, 2008 Ricky Melanson Council on Aging – term to expire April 15, 2008 Dorothy Fantozzi, Diane Perkins, Lorette M. Johnson Treasurer and Collector – term to expire April 15, 2008 David LaPlante REGULAR MEETING OF THE CITY COUNCIL, March 28, 2005, continued Cable TV Advisory Board Commission – term to expire April 15, 2008 Richard J. Hopkins Director of Veterans Services – term to expire April 15, 2008 Richard Voutour Personnel Director – term to expire April 15, 2008 Maribel Fournier Cultural Commission – term to expire April 15, 2008 Donna Chalifoux, ONE YEAR APPOINTMENTS – TERMS TO EXPIRE APRIL 15, 2006 Fence Viewer - John LaRose Forest Warden - Paul Kennedy Insect and Pest Control – Neil Taylor Supt. Gypsy & Brown Tail Moths – Neil Taylor Veterans Burial Agent – Victor W. Leger Veterans Care of Graves – Ralph Sacramone Weigher of Beef – Michael Ciccolini Weigher of Chemicals – Delta Bulk Packaging Weigher of Hay – Henry LaRose Trustees of Soldiers Memorials – Pelino Masciangioli, Kenneth Gurge Upon recommendation of the FINANCE COMMITTEE the following COMMUNICATION was GRANTED. Vt. 9/0 C-110 Dean J. Mazzarella, Mayor: Request the sum of $250,000.00 hereby be appropriated for the cost of renovating, reconstructing and making extraordinary repairs to Doyle Field, and for the payment of all other costs incidental and related thereto, and 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 and 8 of the General Laws, or pursuant to any other enabling authority, and to issue bonds or notes of the City therefore, and to authorize and direct the appropriate officials of the City to apply for and accept any grants or gifts that may be available to the City on account of this project. Upon recommendation of the FINANCE COMMITTEE, the following COMMUNICATION was GRANTED and ORDERED. Vt. 7 “yeas” and 2 “nays”; Councillors John Salvatelli and Freda opposed. C-111 Relative to the appropriation of $2,600.00 to the Fire Department Expense Account; same to be transferred from the Planning Salary and Wages Account. ORDERED:- that the sum of Two Thousand Six Hundred Dollars be appropriated to the Fire Department Expense Account; same to be transferred from the Planning Salary and Wages Account. Upon recommendation of the FINANCE COMMITTEE, the following COMMUNICATION was GRANTED and ORDERED. Vt. 6 “yeas” and 3 “nays”; Councillors John Salvatelli, Freda and Marchand opposed. C-112 Relative to the appropriation of $9,940.00 to the Police Department Expense Account; same to be transferred from the Planning Salary and Wages Account. ORDERED:- that the sum of Nine Thousand Nine Hundred Forty Dollars ($9,940.00) be appropriated to the Police Department Expense Account; same to be transferred from the Planning Salary and Wages Account. Upon recommendation of the FINANCE COMMITTEE, the following COMMUNICATIONS were GRANTED and ORDERED. Vt. 9 “yeas” C-113 Relative to the appropriation of $6,500.00 to the Highway Regular Labor 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 Highway Regular Labor Account; same to be transferred from the Excess and Deficiency Account. C-114 Relative to the appropriation of $1,000.00 to the Health Department Expense Account; same to be transferred from the Health Department Salary and Wages Account. ORDERED:- that the sum of One Thousand Dollars ($1,000.00) be appropriated to the Health Department Expense Account; same to be transferred from the Health Department Salary and Wages Account. REGULAR MEETING OF THE CITY COUNCIL, March 28, 2005, continued C-115 Relative to the appropriation of $10,300.00 to the Landfill Capping Maintenance Expense Account; same to be transferred from the Excess and Deficiency Account. ORDERED:- that the sum of Ten Thousand Three Hundred Dollars ($10,300.00) be appropriated to the Landfill Capping Maintenance Expense Account; same to be transferred from the Excess and Deficiency Account. Upon request of the LEGAL AFFAIRS COMMITTEE, the following PETITION was given FURTHER TIME. Vt. 9/0 53-05 Leominster City Council; Richard Marchand, David Rowlands, Wayne Nickel, Robert Salvatelli, John Dombrowski and Dennis Rosa: Amend the City of Leominster’s Zoning Ordinance Article 11, Subsection 22- 24.2.5 concerning mixed-use development projects in the Industrial Districts, by deleting subsections 24.2.5.1 through 24.2.5.2 in their entirety and substituting therefore new Subsections 24.2.5.1 through 24.2.5.5.(Hearing scheduled for April 11, 2005 at 6:30 P.M.) Upon recommendation of the LEGAL AFFAIRS COMMITTEE, the following PETITION was GRANTED WITH CONDITIONS. Vt. 9 “yeas”. Conditions were that 1.) maximum units stay at fourteen dwellings, 2.) no bedrooms in basement and 3.) square footage no larger than what was submitted to the Council. 55-05 Leominster Development Corporation, Eugene J. Capoccia, President: Grant a Special Permit to construct a 14 unit townhouse community on Adams Street, as shown on Assessor’s Map 2 as lot 19, located in a flood plain district. Upon request of the LEGAL AFFFAIRS COMMITTEE, the following PETITION was TABLED FOR STUDY. Vt. 9/0 59-05 Carol D. Newell: Place a stop sign at the intersection of White Street and Ridgewood Drive. Upon request of the LEGAL AFFAIRS COMMITTEE, the following PETITIONS were given FURTHER TIME. Vt. 9/0 64-05 John M. Dombrowski: Amend Chapter 4, Sections 4-2.1 through 4-2.9 of the Revised Ordinances entitled “Buildings” by increasing the fees therein to ensure that the costs to the city of providing inspections and services associated with same are covered and that the fees are comparable to those similar fees being charged by other municipalities. 65-05 John M. Dombrowski: Amend Chapter 17 of the Revised Ordinances by increasing the Plumbing and Gas Permit fees to ensure that costs to the City of providing inspections and services associated with same are covered and that the fees are comparable to those similar fees being charged by other municipalities. Upon recommendation of the WAYS & MEANS COMMITTEE, the following COMMUNICATION was GRANTED and ORDERED. Vt. 7/0; Councillors Freda and Nickels abstained due to a possible conflict of interest. C-116 Relative to the appropriation of $585,539.00 to the following accounts for the Year 31 Community Development Block Grant.(Ways & Means) 1. Board of Health – Code Enforcement $ 75,370.00 2. Office of Planning & Development – Economic Development Program 65,250.00 3. Office of Planning & Development – Housing 200,000.00 Rehabilitation Program (Includes $10,000 for Elder Rehab Services) 4. Office of Planning & Development – Planning & 117,107.80 Administration 5. Office of Planning & Development – Storefront Improvement Program 37,480.35 6. Recreation Department – Handicap Accessibility Playground Improvements 2,000.00 7. The Beacon of Hope 4,500.00 8. Brady’s Educational Services 3,300.00 9. Community Healthlink/The Lipton Center - Outpatient Mental Health Services 3,000.00 10. Housing Discrimination Project – Fair Housing Education 1,630.85 11. Leominster Housing Authority – Allencrest Learning Center 1,000.00 12. Leominster Mayor’s Office – Energy Assistance Program 2,000.00 13. Leominster Mayor’s Office – Report Drug Traffickers Coupon 850.00 14. Leominster Mayor’s Office – Summer Youth Program 12,400.00 15. Leominster Mayor’s Office – State Pool Fee Assistance 950.00 16. Leominster Police Department – Drug Suppression 7,000.00 17. Leominster Youth Center – Boys & Girls Club of America 6,500.00 18. Leominster Recreation Dept. – Summer 700.00 REGULAR MEETING OF THE CITY COUNCIL, March 28, 2005, continued 19. Montachusett Addiction Council – MAC 3,800.00 20. Montachusett Home Care Corporation – Elder Safety Taskforce 2,200.00 21. Montachusett Interfaith Hospitality Network – Interfaith Network 7,000.00 22. Montachusett Opportunity Council – Hmong Lao Community Liaison 3,000.00 23. Multi-Service Center, Inc. – For Your Health 7,000.00 24. Multi-Service Center, Inc. – Project Youth 1,000.00 25. Our Father’s Table – Homeless/Elderly Assistance 2,500.00 26. Spanish American Center - Community Outreach 8,000.00 Worker (Information & Referral) for both SAC services 27. Spanish American Center – Summer Fun (Verano Alegre) included in above figure 28. Twin Cities CDC – Small Business Assistance Center 2,000.00 29. Veterans Hospice Homestead – Hero Homestead 8,000.00 ORDERED:- that the sum of Five Hundred Eighty Five Thousand, Five Hundred Thirty Nine Dollars ($585,539.00) be appropriated to the following designated accounts for the Year 31 Community Development Block Grant. 1. Board of Health – Code Enforcement $ 75,370.00 3. Office of Planning & Development – Economic Development Program 65,250.00 3. Office of Planning & Development – Housing 200,000.00 Rehabilitation Program (Includes $10,000 for Elder Rehab Services) 4. Office of Planning & Development – Planning & 117,107.80 Administration 7. Office of Planning & Development – Storefront Improvement Program 37,480.35 8. Recreation Department – Handicap Accessibility Playground Improvements 2,000.00 7. The Beacon of Hope 4,500.00 8. Brady’s Educational Services 3,300.00 10. Community Healthlink/The Lipton Center - Outpatient Mental Health Services 3,000.00 10. Housing Discrimination Project – Fair Housing Education 1,630.85 11. Leominster Housing Authority – Allencrest Learning Center 1,000.00 16. Leominster Mayor’s Office – Energy Assistance Program 2,000.00 17. Leominster Mayor’s Office – Report Drug Traffickers Coupon 850.00 18. Leominster Mayor’s Office – Summer Youth Program 12,400.00 19. Leominster Mayor’s Office – State Pool Fee Assistance 950.00 16. Leominster Police Department – Drug Suppression 7,000.00 18. Leominster Youth Center – Boys & Girls Club of America 6,500.00 18. Leominster Recreation Dept. – Summer 700.00 19. Montachusett Addiction Council – MAC 3,800.00 23. Montachusett Home Care Corporation – Elder Safety Taskforce 2,200.00 24. Montachusett Interfaith Hospitality Network – Interfaith Network 7,000.00 25. Montachusett Opportunity Council – Hmong Lao Community Liaison 3,000.00 23. Multi-Service Center, Inc. – For Your Health 7,000.00 24. Multi-Service Center, Inc. – Project Youth 1,000.00 25. Our Father’s Table – Homeless/Elderly Assistance 2,500.00 26. Spanish American Center - Community Outreach 8,000.00 Worker (Information & Referral) for both SAC services 28. Spanish American Center – Summer Fun (Verano Alegre) included in above figure 28. Twin Cities CDC – Small Business Assistance Center 2,000.00 29. Veterans Hospice Homestead – Hero Homestead 8,000.00 REGULAR MEETING OF THE CITY COUNCIL, March 28, 2005, continued Upon request of the WAYS & MEANS COMMITTEE, the following PETITION was given FURTHER TIME. Vt. 9/0 67-05 Aime Lemoine: Renew license for one pool table at Seven R’s, d/b/a A & R’s Double Inn, 166 Water Street. Upon request of the WAYS & MEANS COMMITTEE, the following PETITION was given FURTHER TIME. Vt.8/0; Councillor Dombrowski abstained due to a possible Conflict of Interest. 68-05 Craig Long: Renew license for two pool tables at Jake’s Pub, Inc. d/b/a Hot Shotz, 1293 Main Street. Upon request of the LEGAL AFFAIRS COMMITTEE, the following ORDINANCE was given FURTHER TIME. Vt. 9 “yeas” 1st Reading Ordinance – to amend City of Leominster’s Zoning Ordinance Article 11, Subsection 22-24.2.5 concerning mixed-use development projects in the Industrial districts by deleting subsections 24.2.5.1 through 24.2.5.2 in their entirety and substituting therefore new Subsections 24.2.5.1 through 24.2.5.5. (A Hearing is set for April 11, 2005 at 6:30 P.M.) The following ORDINANCE was read a second time, adopted as presented and passed to be ordained. Vt. 9 “yeas” . As part of the ordinance a vote to” provide that the charges incurred under Section 8(4) of the Storm Water Management Ordinance may constitute a lien in accordance with Massachusetts General Laws Chapter 40, Section 58” was adopted. Vt. 9 “yeas” CITY OF LEOMINSTER In the year two thousand and five An Ordinance amending Chapter 21 of the Revised Ordinances entitled “Water and Sewers.” Be it ordained by the City Council of the City of Leominster as follows: Chapter 21 of the Revised Ordinances entitled “Water and Sewers” is hereby amended by the following Article V: ILLICIT CONNECTIONS AND DISCHARGES TO THE STORM DRAIN SYSTEM Section x-1 PURPOSE and AUTHORITY 1. Purpose The purpose of this Ordinance is to regulate illicit connections and discharges to the storm drain system, which is necessary for the protection of Leominster’s water bodies and groundwater, and to safeguard the public health, safety, welfare and the environment. The objectives of this Ordinance are: A. To prevent pollutants from entering Leominster’s municipal separate storm sewer system (MS4); B. To prohibit illicit connections and unauthorized discharges to the MS4; C. To require the removal of all such illicit connections; D. To comply with state and federal statutes and regulations relating to stormwater discharges; and E. To establish the legal authority to ensure compliance with the provisions of this ordinance through inspection, monitoring and enforcement. F. To prevent contamination of drinking water supplies. 2. Authority The Department of Public Works shall administer, implement and enforce this Ordinance. Any powers granted to or duties imposed upon the Department of Public Works may be delegated in writing by the Board of Public Works to employees or agents of the Department of Public Works. Authority to enact this ordinance is derived from Article III of the Leominster Revised Charter and the federal Clean Water Act, 33 U.S.C. §1251 et seq. Section x-2. DEFINITIONS For the purposes of this Ordinance, the following shall mean: Authorized Enforcement Agency: The Department of Public Works, its employees or agents designated to enforce this ordinance. Best Management Practice (MMP): An activity, procedure, restraint, or structural improvement that helps to reduce the quantity or improved the quality of stormwater runoff. Clean Water Act: The Federal Water Pollution Control Act (33 U.S.C. Section 1251 et seq.) as hereafter amended. Discharge Of Pollutants: The addition from any source of any pollutant or combination of pollutants into the Storm Drain System or into the waters of the United States or Commonwealth from any source. REGULAR MEETING OF THE CITY COUNCIL, March 28, 2005, continued Groundwater: All water beneath the surface of the ground. Illegal Discharge: Any direct or indirect non-stormwater discharge to the Storm Drain System, except as specifically exempted in Sections 5(4) and 5(5). The term does not include a discharge in compliance with an NPDES Storm Water Discharge Permit. Illicit Connection: Any surface or subsurface drain or conveyance, which allows an illegal discharge into the Storm Drain System. Illicit connections include conveyances which allow a non-stormwater discharge to the Storm Drain System including sewage, process wastewater or wash water and any connections from indoor drains sinks, or toilets, regardless of whether said connection was previously allowed, permitted, or approved before the effective date of this ordinance. Impervious Surface: Any material or structure on or above the ground that prevents water from infiltrating the underlying soil. Municipal separate storm sewer system (MS4) or municipal storm drain system: The system of conveyances designed or used for collecting or conveying stormwater, including any road with a drainage system, street, gutter, curb, inlet, piped storm drain, pumping facility, retention or detention basin, natural or manmade or altered drainage channel, reservoir, and other drainage structure that together comprise the storm drainage system owned or operated by the City of Leominster. National Pollutant Discharge Elimination System (NPDES) Storm Water Discharge Permit: A permit issued by United States Environmental Protection Agency or jointly with the State that authorized the discharge of pollutants to waters of the United States. Non-Stormwater Discharge: Any discharge to the Storm Drain System not composed entirely of stormwater. Person: Any individual, partnership, association, firm, company, trust, corporation, and, any agency, authority, department or political subdivision of the Commonwealth or the federal government, to the extent permitted by law, and any officer, employee, or agent of such person. Pollutant: Any element or property of sewage, agricultural, industrial or commercial waste, runoff, leachate, heated effluent, or other matter whether originating at a point or nonpoint source, that is or may be introduced into any sewage treatment works or waters of the Commonwealth. Pollutants shall include: (1) paints, varnishes, and solvents; (2) oil and other automotive fluids; (3) non-hazardous liquid and solid wastes and yard wastes; (4) refuse, rubbish, garbage, litter, or other discarded or abandoned objects, ordinances, accumulations and floatables; (5) pesticides, herbicides, and fertilizers; (6) hazardous materials and wastes; sewage, fecal coliform and pathogens; (7) dissolved and particulate metals; (8) animal wastes; (9) rock; sand; salt; soils; (10) construction wastes and residues; (11) noxious or offensive matter of any kind. Process wastewater: Means any water which, during manufacturing or processing, comes into direct contact with or results from the production or use of any material, intermediate product, finished product, or waste product. Recharge: The process by which groundwater is replenished by precipitation through the percolation of runoff and surface water through the soil. Stormwater: Runoff from precipitation or snow melt. Storm Drain System: The system of conveyances designed or used for collecting or conveying stormwater, including any road with a drainage system, street, gutter, curb, inlet, piped storm drain, pumping facility, retention or detention basin, natural or man-made or altered drainage channel, reservoir, and other drainage structure that together comprise the Storm Drainage System on public or private ways within the City of Leominster. Toxic or Hazardous Material or Waste: Any material, which because of its quantity, concentration, chemical, corrosive, flammable, reactive, toxic, infectious or radioactive characteristics, either separately or in combination with any substance or substances, constitutes a present or potential threat to human health, safety, welfare, or to the environment. Toxic or hazardous materials include any synthetic organic chemical, petroleum product, heavy metal, radioactive or infectious waste, acid and alkali, and any substance defined as Toxic or Hazardous Under G.L Ch 21C and Ch 21E, and the regulations at 310 CMR 30.000 and 310 CMR 40.000. Uncontaminated: Water containing no pollutants. Waters of the Commonwealth: All waters within the jurisdiction of the Commonwealth, including, without limitation, rivers, streams, lakes, ponds, springs, impoundments, estuaries, wetlands, coastal waters, and groundwater. Wastewater: Any sanitary waste, sludge, or septic tank or cesspool overflow, and water that during manufacturing, cleaning or processing, comes into direct contact with or results from the production or use of any raw material, intermediate product, finished product, byproduct or waste product. REGULAR MEETING OF THE CITY COUNCIL, March 28, 2005, continued Section x-3. APPLICABILITY This ordinance shall apply to flows entering the Storm Drain System on public or private ways with the City of Leominster. Section x-4. REGULATIONS The Board of Public Works may promulgate rules, regulations and a permitting process to effectuate the purposes of this ordinance. Failure by the Board of Public Works to promulgate such rules and regulations shall not have the effect of suspending or invalidating this ordinance. Section x-5. PROHIBITED ACTIVITIES 1. Illegal Discharges No person shall dump, discharge, cause or allow to be discharged any pollutant or non-stormwater discharge into the Storm Drain System, watercourse, or into the waters of the Commonwealth. 2. Illicit Connections No person shall construct, use, allow, maintain or continue any illicit connection to the Storm Drain System, regardless of whether the connection was permissible under applicable law, regulation or custom at the time of connection. 3. Obstruction of Storm Drain System No person shall obstruct or interfere with the normal flow of stormwater in or out of the Storm Drain System without prior approval from the Board of Public Works or its designated agent. 4. Exemptions This section shall not apply to any of the following non-stormwater discharges or flows provided that the source is not a significant contributor of a pollutant to the Storm Drain System: A. Municipal waterline flushing; B. Discharges from landscape irrigation or lawn watering; C. Water from individual residential car washing and temporary fund-raising car wash events; D. Discharges from dechlorinated swimming pool water provided it is allowed to stand for one week prior to draining, or tested for chlorine levels with a pool test kit prior to draining (less than one parts per million chlorine), and the pool is drained in such a way as not to cause a nuisance; E. Discharges from street sweepers of minor amounts of water during operations; F. Discharges or flows resulting from fire fighting activities; G. Non-stormwater discharges permitted under an NPDES permit, waiver, or waste discharge order administered under the authority of the United States Environmental Protection Agency, provided that the discharge is in full compliance with the requirements of the permit, waiver, or order and applicable laws and regulations. 5. Exemptions with Permit from Department of Public Works This section shall not apply to any of the following non-stormwater discharges or flows provided that the source is not a significant contributor of a pollutant to the Storm Drain System, and provided that a permit is approved by the Department of Public Works: A. Flows from potable water sources: B. Springs: C. Natural flows from riparian habitats and wetlands; D. Diverted stream flows; E. Rising groundwater; F. Uncontaminated groundwater infiltration as defined in 40 CFR 35.2005(20), or uncontaminated pumped groundwater; G. Uncontaminated groundwater discharge from a sump pump, with a permit from the Department of Public Works, in accordance with Section 5; H. Water from exterior foundation drains, footing drains (not including active groundwater dewatering systems, such as dewatering excavations for foundation or pipelines), crawl space pumps, or air conditioning condensation; I. Dye testing, provided verbal notification is given to the Department of Public Works prior to the time of the test. The Department of Public Works may develop criteria for issuing permits under this section, based on the need to maintain capacity of the Storm Drain System and to protect public health, safety, welfare of the environment. Section x-6. SUSPENSION OF STORM DRAIN SYSTEM ACCESS 1. The Department of Public Works may suspend Storm Drain System access to any person or property without prior written notice when such suspension is necessary to stop an actual or threatened illegal discharge that presents or may present imminent risk of harm to the public health, safety, welfare or the environment. In the event any person fails to comply with an emergency suspension order, the Authorized Enforcement Agency may take all reasonable steps to prevent or minimize harm to the public health, safety, welfare or the environment. REGULAR MEETING OF THE CITY COUNCIL, March 28, 2005, continued 2. Any person in violation of this ordinance may have their Storm Drain System access terminated if such termination would abate or reduce an illicit discharge. The Department of Public Works will notify a violator of the proposed termination of Storm Drain System access. The violator may petition the Department of Public Works for reconsideration and hearing. Any person who reinstates Storm Drain System access to premises terminated pursuant to this section, without prior approval from the Department of Public Works, shall be deemed to have violated this Ordinance. Section x-7 NOTIFICATION OF SPILLS Notwithstanding any other requirements of local, state, or federal law, as soon as any person responsible for a facility or operation, or responsible for emergency response for a facility or operation has information of any known or suspected release of materials at that facility operation which is resulting or may result in illegal discharge of pollutants that person shall take all necessary steps to ensure containment, and cleanup of the release. In the event of a release of oil or hazardous materials, the person shall immediately notify the Leominster Fire and Police Departments, Department of Public Works and Board of Health. In the event of a release of non-hazardous material, said person shall notify the Authorized Enforcement Agency no later than the next business day. Written confirmation of all telephone, facsimile or in person notifications shall be provided to the Authorized Enforcement Agency within three business days thereafter. If the discharge of prohibited materials is from a commercial or industrial facility, the facility owner or operator of the facility shall retain on-site a written record of the discharge and the actions taken to prevent its recurrence. Such records shall be retained for at least three years. Section x-8 ENFORCEMENT 1. Enforcement The Department of Public Works or its authorized agent shall enforce this ordinance, and the regulations promulgated thereunder, as well as the terms and conditions of all permits, notices, and orders, and may pursue all civil and criminal remedies for such violations. 2. Civil Relief If anyone violates the provisions of this ordinance, regulations, permit, notice, or order issued thereunder, the Department of Public Works may seek injunctive relief in a court of competent jurisdiction to restrain the person from activities which would create further violations or compel the person to abate or remediate the violation. 3. Orders The Department of Public Works may issue a written order to enforce the provisions of this ordinance or the regulations thereunder, which may include: (a) elimination of illicit connections or discharges to the Storm Drain System; (b) termination of access to the Storm Drainage System; (c) performance of monitoring, analyses, and reporting; (d) cessation of unlawful discharges, practices, or operations; and (e) remediation of contamination in connection therewith. If the Department of Public Works determines that abatement or remediation of contamination is required, the order shall set forth a deadline for completion of the abatement or remediation. Said order shall further advise that, should the violator or property owner fail to abate or perform remediation within the specified deadline, the City may, at its option, undertake such work, and expenses thereof shall be charged to the violator or property owner. Within thirty (30) days after completing all measures necessary to abate the violation or to perform remediation, the violator and the property owner will be notified of the costs incurred by the City, including administrative costs. The violator or property owner may file a written protest objecting to the amount or basis of costs with the Department of Public Works within thirty (30) days following a decision of the receipt of the notification of the costs incurred. If the amount due is not received by the expiration of the time in which to file a protest or within thirty (30) days following a decision of the Department of Public Works affirming or reducing the costs, or from a final decision of a court of competent jurisdiction, the costs shall become a special assessment against the property owner and shall constitute a lien on the owner’s property for the amount of said costs. Interest shall begin to accrue on any unpaid costs at the statutory rate provided in G.L. Chapter 59, Section 57 after the thirty-first day at which the costs first become due. 4. Criminal and Civil Penalties Any person who violates any provision of this ordinance, valid regulation, or the terms or conditions in any permit or order prescribed or issued thereunder, shall be subject to a fine not to exceed $300.00 for each day such violation occurs or continues or subject to a civil penalty, which may be assessed in an action brought on behalf of the City in any court of competent jurisdiction. 5. Non-Criminal Disposition As an alternative to criminal prosecution or civil action, the City of Leominster may elect to utilize the non-criminal disposition procedure set forth in G.L. Chapter 40, Section 21D. The Department of Public Works shall be the enforcing entity. The penalty for the 1st violation shall be $100. The penalty for the 2nd violation shall be $200. The penalty for the 3rd and subsequent violations shall be $300.00. Each day or part thereof that such violation occurs or continues shall constitute a separate offense. 6. Entry to Perform Duties under this Ordinance To the extent permitted by state law, or if authorized by the owner or other party in control of the property, the Department of Public Works, its agents, officers, and employees may enter upon privately owned property for the purpose of performing their duties under this ordinance and regulations and may make or cause to be made such examinations, surveys or sampling as the Department of Public Works deems reasonably necessary. REGULAR MEETING OF THE CITY COUNCIL, March 28, 2005, continued 7. Appeals The decisions or orders of the Department of Public Works shall be final. Further relief shall be to a court of competent jurisdiction. 8. Remedies Not Exclusive The remedies listed in this ordinance are not exclusive of any other remedies available under any applicable federal, state or local law. Section x-9 SEVERABILITY If any provision, paragraph, sentence, or clause, of this ordinance shall be held invalid for any reason, all provisions shall continue in full force and effect. Section x-10 TRANSITIONAL PROVISIONS Residential property owners comply with this ordinance on a schedule set forth in the Department of Public Works compliance order, but such property owners shall in no case have more than six months from the effective date of the ordinance to comply with its provisions, unless good cause is shown for the failure to comply with the ordinance during that period. The following LOAN ORDER was read once and adopted as presented. Vt. 9 “yeas”. A hearing was set for April 25, 2005 at 7:00 P.M. Vt. 9/0 1st Reading Loan Order – Ordered that the sum of $250,000.00 hereby be appropriated for the cost of renovating, reconstructing and making extraordinary repairs to Doyle Field, and for the payment of all other costs incidental and related thereto, and 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 and 8 of the General Laws, or pursuant to any other enabling authority, and to issue bonds or notes of the City therefore, and to authorize and direct the appropriate officials of the City to apply for and accept any grants or gifts that may be available to the City on account of this project. Under New Business, Councillor Freda announced that she is having a neighborhood meeting at the Knights of Columbus on Wednesday, March 30, 2005 at 7:00 P.M. regarding the explosion that occurred on Elm Hill Road. She said that she has invited the Mayor, the Building Inspector, the Fire Chief and the Health Director. Councillor Lanciani asked the Chair of the City Property Committee to send a letter to the Mayor regarding the 145 Lancaster Street building. Councillor Dombrowski said he will work on it this week. Councillor Freda asked the Chair of the City Property Committee for an update on Hawes Chapel. Council President Salvatelli asked the status of the Page Street property. Councillor Nickel said that they had a meeting regarding the Page Street property. He said at that meeting it was mentioned that $90,000.00 more was going to be needed to complete the sewer work and at that point the meeting came to an abrupt end. Council President Salvatelli said that the building is worth over $250,000.00 and has a lot of potential. He said it is shame that it is just sitting their. Councillor Nickel said the sad part is that for $90,000.00 we are going to lose the value of the building. In regards to the Page Street property, Councillor Rowlands said that we are at the peak of residential property and we are just sitting on this. He questioned why we are in a rush to sell Jungle Road that is at the low end of industrial property to fund plans for a police station when we have this property. Councillor Marchand said that there has been a lot of concern about the old detoxification center. He said there has been a lot of activity there and he has learned that it will now be home to a battered woman’s shelter. MEETING ADJOURNED: 10:50 P.M. Ann B. Mahan, City Clerk and Clerk of the City Council