City Council

HEARING BEFORE THE CITY COUNCIL, JUNE 27, 2005 Hearing opened at 6:18 P.M. with Councillor Rosa, Chair of the Finance Committee presiding. The following COMMUNICATIONS were the subject of the hearing. C-156 Relative to the appropriation of $82,750,000.00 to the Fiscal Year 2006 Budget; same to be raised by Fiscal Year 2006 Revenue. C-157 Relative to the appropriation of $2,520,000.00 to the Fiscal Year 2006 Sewer Department Budget; same to be raised by Fiscal Year 2006 Sewer Department Estimated Receipts as authorized by Chapter 44, Section 53W of the Massachusetts General Laws. C-158 Relative to the appropriation of $3,400,000.00 to the Fiscal Year 2006 Water Department Budget; same to be raised by Fiscal Year 2006 Water Department Estimated Receipts as authorized by Chapter 44, Section 53E of the Massachusetts General Laws. Councillor Rosa said this budget is a 5% increase over last year’s budget which equates to about a 2 ½% tax increase. He said that this budget depends on free cash to supplement the budget. Councillor Rosa said that all departments are under funded especially Police and Fire Departments who will be coming back for supplement funds. He will not offer any reductions in the budget. Councillor Rowlands said that he wants to point out this budget includes Chapter 70 money from schools of which over $32 million is from the state. Councillor Nickel said that we have pretty much level funded this budget and have not gone over their levy capacity. He said that although we only went up 2 ½%, there are many items in this budget such as health, education and retirement cost, that have dramatically increased. Councillor Freda said that she will support the Finance Committee recommendation and she said that the public needs to know that this is not just a city issue. She said that we have not been able to do much in recent years because of state cuts. Councillor Freda said that what needs to be realized is how interconnected the city and state are. She said that this is the worst year as far as relying on property taxes since 1982. Councillor Freda said that this is a 54% of the total municipal revenues are property tax reliant which is a twenty three year high. She said that is a 24% decrease in cherry sheet aid. She said that we should be screaming on a state level because all our services are being cut and we can’t tax people anymore. Councillor Freda said that the lottery money was supposed to be sent back to the community and it is not, it is being used to balance the state budget. Councillor Lanciani said that he will support the budget. He said that all departments are working with limited budgets. He said he would suggest people send a letter to their state representative and senator asking for more state aid for cities and towns. No one in the audience spoke. HEARING ADJOURNED:6:37 P.M. Lynn A,. Bouchard, City Clerk and Clerk of the City Council HEARING BEFORE THE CITY COUNCIL, JUNE 27, 2005 Hearing opened at 6:50 P.M. with Councillor Marchand, Chair of the Legal Affairs Committee presiding. All members present. The following PETITION was the subject of the hearing. 94-05 Leominster City Council; Claire M. Freda, Dennis A. Rosa, James Lanciani Jr., John Dombrowski, John A. Salvatelli, David E. Rowlands, Wayne A. Nickel, Richard Marchand and Robert Salvatelli: Amend the Leominster Zoning Ordinance to create an In-Law Apartment Zoning by-law. Mike Cichy, 270 Hill Street said that he is representing some of his neighbors. He said they do not have concerns about the in- law apartment but the concern is that there may not be enough checks and balances in place for the building inspector. He said that there are eleven houses on a six inch sewer pipe. He said that the potential to go over capacity will fall on the homeowners. Councillor Rowlands said that given the prices of houses, and the taxes associated with that, there is a need for In-law apartments. He said he thinks the issue is enforcement. Councillor Dombrowski said the only problem he sees with this ordinance is enforcement. Councillor Freda said that the in-law apartment is subject to a special permit. She said that being the case, we would be getting recommendations from the five major departments before granting the permit. She said the ordinance states that approval of this is subject to approval of the Department of Public Works regarding sewer issues. Councillor Freda said that for three or four years in a row she recommended that we have a zoning enforcement officer working out of the building department. She said this is only one case where a zoning enforcement officer would come in handy. HEARING BEFORE THE CITY COUNCIL, JUNE 27, 2005, continued Councillor Nickel said that this is a wonderful petition and it is a way for children to look after an elderly parent. Councillor Robert Salvatelli said that he agrees with this petition but he does feel that enforcement may be an issue. Councillor Robert Salvatelli asked if putting on an addition for a parent is currently allowed. Councillor Freda said as it stands right now you could put on an addition but not a kitchen. She said that this ordinance would allow for a kitchen with a limit of 700 square feet. HEARING ADJOURNED: 7:12 P.M. Lynn A. Bouchard, City Clerk and Clerk of the City Council HEARING BEFORE THE CITY COUNCIL, JUNE 27, 2005 Hearing opened at 7:13 P.M. with Councillor Marchand, Chair of the Legal Affairs Committee presiding. All members present. The following PETITION was the subject of the hearing. 95-05 Mark Brideau, President Brideau Oil and Ten Registered Voters: Amend Chapter 22, Section 22 – 26 of the revised ordinances entitled “Table of Uses” by inserting the following under “Industrial uses” Storage and Distribution of RRA RAA RB RC BA BB C I Home Heating Fuels N N N N N N N Y Councillor Marchand said that the Building Department, Fire Department, Conservation Commission and Health Department all gave favorable recommendations. He said that this petition would eliminate storage and distribution of home heating fuels in commercial districts and place it in industrial districts. Mark Brideau Jr., representing his father spoke in support. He said that he has recommended this change because he feel that this type of business is basically a transportation business and that would be considered industrial, not commercial. Councillor Rowlands said he feels this petition does have merit. Councillor Dombrowski said that in subcommittee there was discussion about if it should be allowed in commercial also. HEARING ADJOURNED: 7:18 P.M. Lynn A. Bouchard, City Clerk and Clerk of the City Council HEARING BEFORE THE CITY COUNCIL, JUNE 27, 2005 Hearing opened at 7:19 P.M. with Councillor Marchand, Chair of the Legal Affairs Committee presiding. All members present. The following PETITION was the subject of the hearing. 96-05 Joseph D. Spound, Trustee Orangewood Crawford Trust: Amend the Leominster Zoning Map to restore the Industrial zoning district to the entire property identified as Assessors’ Map 227, Lot 5A, located at 111 Crawford Street; land is currently zoned partially Industrial and partially Residence B. Positive recommendations were received from the Planning Board, the Conservation Commission and the Board of Assessors. A recommendation form the Director of Inspections to deny was received. Their recommendation stated that if it is rezoned to Industrial it would allow for Industrial uses very close to the existing residences. A referral from the Health Department expressed concerns for the surrounding residences with noise, odors and lights. Steven J. Mullaney, P.E., President S.J. Mullaney Engineering representing Orangewood Crawford Trust spoke in support. He said this project was for eight condominium units which will be for small businesses. He said they have appeared before the Development Review Board and there appears to be a fuzzy zoning line. He said that there is no written definition of how the zoning line was determined. Mr. Mullaney said that prior to rezoning it was always industrial. Councillor Nickels asked where the driveway was located. Mr. Mullaney said it was in the front of the property and this was discussed during development review and found to be best. AT 7:32 P.M. HEARING WAS CONTINUED TO A DATE TO BE ANNOUNCED. Lynn A. Bouchard, City Clerk and Clerk of the City Council HEARING BEFORE THE CITY COUNCIL, JUNE 27, 2005 Hearing opened at 7:33 P.M. with Councillor Marchand, Chair of the Legal Affairs Committee presiding. All members present. The following PETITION was the subject of the hearing. 97-05 Patrick LaPointe, City of Leominster/DPW: Grant a Special Permit to install a new sewer line from Granite Street to the beginning of West Street, located within the flood plain. Introduced and made part of the record were the following: A. Petition 97-05 submitted by Patrick LaPointe with accompanying plan entitled “Rockwell Pond Sanitary Sewer, Leominster, MA” dated May 2, 2005 prepared by Maguire Group Inc., Architects/Engineers/Planners, 33 Commercial Street, Foxborough, MA 02035. B. Notice of public hearing published in the Sentinel & Enterprise on June 13, 2005 and June 20, 2005. C. Positive recommendations were received from the Director of Inspections, the Board of Health, the Planning Board, the Conservation Commission and the Department of Public Works. Mr. Howard Shaevitz, Principal Engineer for the Maguire Group spoke in support. He said that Maguire Group is the consulting engineer who prepared the plans and specification for this project. Mr. Shaevitz said that the replacement of the sewer line begins in Monument Square, continues down Pleasant Street, along Cottage Street, across one side of Rockwell Pond then up Exchange Street to Cherry Street. He said new pipe will be installed in some areas and in other areas pipes will be relined. He said where necessary they will burst old pipes to make room for the new pipes. Mr. Shaevitz said that the reason for this project is that in some areas the pipes are too small. He said in other areas ground water gets into the pipe decreasing the available capacity and increasing the cost of treatment at the treatment plant. No one in the audience spoke in support or opposition. No councilors spoke. Due to the fact that land is in a Flood Plain zone a Special Permit issued by a two-thirds vote of the City Council is necessary to carry out this proposed construction in accordance with Chapter 22 of the Revised Ordinance, Zoning: Article V, Section 22-37/37.3. HEARING ADJOURNED: 7:36 P.M. Lynn A. Bouchard, City Clerk and Clerk of the City Council HEARING BEFORE THE CITY COUNCIL, JUNE 27, 2005 Hearing opened at 7:37 P.M. with Councillor Marchand, Chair of the Legal Affairs Committee presiding. All members present. The following PETITION was the subject of the hearing. 98-05 Steven J. Landry, Maguire Group Inc.: Grant a Special Permit to install approximately 1,900 linear feet of new 18 inch gravity sanitary sewer in a portion of the Mall at Whitney Field shown on Assessor’s Map 567 as lots 12 & 24, located in a flood plain. Introduced and made part of the record were the following: A. Petition 98-05 submitted by Steven J. Landry, Maguire Group Inc. with accompanying plan entitled “Industrial Road Sanitary Sewer and Water System Improvements, Leominster MA”dated February 15, 2004, prepared by Steven J. Landry, Professional Engineer, Maguire Group Inc., 33 Commercial Street, Foxborough, MA 02035. B. Notice of public hearing published in the Sentinel & Enterprise on June 13, 2005 and June 20, 2005. C. Positive recommendations were received from the Health Department, the Department of Public Works, the Conservation Commission, the Water & Sewer Commission, the Planning Board and the Director of Inspections. Mr. Howard Shaevitz, Principal Engineer for the Maguire Group spoke in support. He said that Maguire Group is the consulting engineer who prepared the plans and specification for this project. He said that in this case they have designed a pipe that starts at an existing pipe that is eighteen inches at the Mall at Whitney Field. Mr. Shaevitz said the pipe will go along Commercial Road, under Route 2, up Mead Street over the Main Street Bridge, and up River Street to the intersections of River Street, Crawford Street and Hamilton Street. He said that existing pipe is under capacity and additional capacity is needed. Mr. Shaevitz said they have conducted a site visit with the two property owners, Longstone Development and Gregory Greenfield and Partners Limited. He said that the City is in the process of negotiating easements with these two property owners. No one in the audience spoke in support or opposition. HEARING BEFORE THE CITY COUNCIL, JUNE 27, 2005, continued No Councillors spoke. Due to the fact that land is in a Flood Plain zone a Special Permit issued by a two-thirds vote of the City Council is necessary to carry out this proposed construction in accordance with Chapter 22 of the Revised Ordinance, Zoning: Article V, Section 22-37/37.3. HEARING ADJOURNED: 7:39 P.M. Lynn A. Bouchard, City Clerk and Clerk of the City Council HEARING BEFORE THE CITY COUNCIL, JUNE 27, 2005 Hearing opened at 7:37 P.M. with Councillor Nickel, Chair of the Public Service Committee presiding. All members present; Councillors Robert Salvatelli and Rowlands arrived late. The following PETITION was the subject of the hearing 104-05 Massachusetts Electric Company and Verizon New England Inc.: Walnut Street; install one jointly owned pole on Walnut Street beginning at a point approximately 81 feet west of the centerline of the intersection of Winter Street and continuing approximately 17 feet in an easterly direction. Kenneth Dobie, a representative from Massachusetts Electric spoke in support. HEARING ADJOURNED: 7:42 P.M. Lynn A. Bouchard, City Clerk and Clerk of the City Council REGULAR MEETING OF THE CITY COUNCIL, JUNE 27, 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 April 25, 2005 and found to be in order. The records were accepted. The following COMMUNICATION was received with an Emergency Preamble and referred to the FINANCE COMMITTEE. Vt. 8 “yeas” Upon recommendation of the FINANCE COMMITTEE the following COMMUNICATION was GRANTED and ORDERED. Vt. 8 “yeas”; Councillor Freda was absent when the vote was taken. C-169 Relative to the appropriation of $25,000.00 to the Police and Fire Indemnification Expense Account; same to be transferred from the Emergency Reserve Account. ORDERED:- that the sum of Twenty Five Thousand Dollars be appropriated to the Police and Fire Indemnification Account; same to be transferred from the Emergency Reserve Account. The following COMMUNICATION was received with an Emergency Preamble and referred to the FINANCE COMMITTEE. Vt. 9 “yeas” Upon recommendation of the FINANCE COMMITTEE the following COMMUNICATION was GRANTED and ORDERED. Vt. 9 “yeas” C-170 Relative to the appropriation of $35,000.00 to the Economic Development Expense Account; same to be transferred from the Refuse Disposal Expense Account. ORDERED:- that the sum of Thirty Five Thousand Dollars ($35,000.00) be appropriated to the Economic Development Expense Account; same to be transferred from the Refuse Disposal Expense Account. The following COMMUNICATIONS were received, referred to the FINANCE COMMITTEE and given REGULAR COURSE. C-171 Relative to the appropriation of $10,400.00 to the Cemetery Salary and Wages Account; same to be transferred from the Cemetery Perpetual Care Income Trust Fund. C-172 Relative to the appropriation of $300.00 to the Cemetery Expense Account; same to be transferred from the Barnaby Flower Account. The following PETITIONS were received, referred to the FINANCE COMMITTEE, given REGULAR COURSE and referred to the Planning Board, the Building Department, the Conservation Commission, the Health Department and the Department of Public Works. REGULAR MEETING OF THE CITY COUNCIL, JUNE 27, 2005, continued 114-05 Ronald J. Booth, An Individual Owning Land to be Affected by Change: Amend Chapter 22, Article II, Section 22-16 of the Revised Zoning Ordinances entitled “Generally Permitted Uses” by creating new subsections 16.9, 16.9.1 and 16.9.2 which will allow by Special Permit from the City Council, one undeveloped lot that has been in existence as of July 1, 2005 and not more than 40,000 square feet, be used for a service building (i.e., restaurant, bank, drug store and the like) intended to support the nearby industrial uses. 115-05 John Souza, Planning Board Chairman and Andrew Taylor, Acting Planning Director on behalf of the Leominster Planning Board: Amend the Leominster Zoning Ordinance dated July 10, 200l with amendments through December 10, 2004 for the purpose of adding the following: 16.9.2 – In a case of undeveloped lots of 1.5 acres or less in the Industrial Zone by Special Permit of the Leominster City Council a use Variance may be issued for a non-conforming business if it is determined that there is no practical industrial use for this land; the use variance must comply with the zoning requirements for BA District found in the Leominster Zoning Ordinance - Table of Uses. The following PETITIONS were received, referred to the WAYS & MEANS COMMITTEE, given REGULAR COURSE and referred to the Treasurer. 116-05 Kimberly Clemens, Record Town d/b/a/ Strawberries: Renew the second-hand dealers license for the premises locate at 55 Sack Blvd. 117-05 Leroy J. DiMauro: Renew the second-hand dealers license for the premises located at 609 Main Street. 118-05 Margaret L. Santonoceto: Renew the second-hand dealers license for the premises located at 38 Spruce Street. 119-05 Mark and Robin Ellis, Ellis Marine Supply Partnership: Renew the second-hand dealers license for the premises located at 646 Central Street. The following APPOINTMENT was received, referred to the WAYS & MEANS COMMITTEE and given REGULAR COURSE. Conservation Commission – Kelley M. Freda – term to expire April 15, 2008 Upon recommendation of the FINANCE COMMITTEE, the following COMMUNICATION was AMENDED. Vt. 5 “yeas” and 4 “nays”; Councillors Freda, Lanciani, Marchand and John Salvatelli opposed. Amended from $82,750,000.00 to $82,745,000.00 by reducing the Board of Appeals Expense Account by $5,000.00. Upon recommendation of the FINANCE COMMITTEE, the following amended COMMUNICATION was GRANTED, Vt. 8 “yeas” and 1 “nay”; Councillor Lanciani opposed. The ORDER was ADOPTED Vt. 9 “yeas” (See complete budget on page ) C-156 Relative to the appropriation of $82,745,000.00 to the Fiscal Year 2006 Budget; same to be raised by Fiscal Year 2006 Revenue. ORDERED: that the sum of Eighty Two Million Seven Hundred Forty Five Thousand Dollars be made to the Fiscal Year 2006 Budget; same to be raised by Fiscal Year 2006 Revenue. Upon recommendation of the FINANCE COMMITTEE, the following COMMUNICATIONS were GRANTED and ORDERED. Vt. 9 “yeas” C-157 Relative to the appropriation of $2,520,000.00 to the Fiscal Year 2006 Sewer Department Budget; same to be raised by Fiscal Year 2006 Sewer Department Estimated Receipts as authorized by Chapter 44, Section 53W of the Massachusetts General Laws. ORDERED:-:that the sum of Two Million Five Hundred Twenty Thousand Dollars ($2,520,000.00) be appropriated to the Fiscal Year 2006 Sewer Department Budget; same to be raised by Fiscal Year 2006 Sewer Department Estimated Receipts. C-158 Relative to the appropriation of $3,400,000.00 to the Fiscal Year 2006 Water Department Budget; same to be raised by Fiscal Year 2006 Water Department Estimated Receipts as authorized by Chapter 44, Section 53E of the Massachusetts General Laws. ORDERED:- that the sum of Three Million Four Hundred Thousand Dollars ($3,400,000.00) be appropriated to the Fiscal Year 2006 Water Department Budget; same to be raised by Fiscal Year 2006 Water Department Estimated Receipts. C-159 Relative to the appropriation of $19,500.00 to the Building Inspector Expense Account; same to be transferred from the Refuse Disposal Expense Account. ORDERED:- that the sum of Nineteen Thousand Five Hundred Dollars ($19,500.00) be appropriated to the Building Inspector Expense Account; same to be transferred from the Refuse Disposal Expense Account. C-160 Relative to the appropriation of $1,250.00 to the Municipal Building Expense Account; same to be transferred from the Interest on Loans Expense Account. ORDERED:- that the sum of One Thousand Two Hundred Fifty Dollars ($1,250.00) be appropriated to the Municipal Building Expense Account; same to be transferred from the Interest on Loans Expense Account. REGULAR MEETING OF THE CITY COUNCIL, JUNE 27, 2005, continued C-161 Relative to the appropriation of $14,854.00 to the Police Department Expense Account; same to be transferred from the Police Department Salary and Wages Account. ORDERED:- that the sum of Fourteen Thousand Eight Hundred Fifty Four Dollars ($14,854.00) be appropriated to the Police Department Expense Account; same to be transferred from the Police Department Salary and Wages Account. RE: funds to be used for the department’s new recruits uniforms, tuition, equipment and exams. Upon request of the FINANCE COMMITTEE, the following COMMUNICATION was given FURTHER TIME. Vt. 9 “yeas” C-162 Relative to the appropriation of $9,400.00 to the Planning Department Expense Account; same to be transferred from the Planning Department Salary and Wages Account. Upon recommendation of the FINANCE COMMITTEE, the following COMMUNICATIONS were GRANTED and ORDERED. Vt. 9 “yeas” C-163 Relative to the appropriation of $100,000.00 to the Fiscal Year 2006 Workers Compensation Loss Fund Expense Account; $10,000.00 to be transferred from the FY 2001 Unexpended Workers Compensation Loss Fund Expense Account, $16,000.00 to be transferred from the FY 2002 Unexpended Workers Compensation Loss Fund Expense Account and $74,000.00 to be transferred from the FY 2003 Unexpended Workers Compensation Loss Fund Expense Account. ORDERED: - that the sum of One Hundred Thousand Dollars ($100,000.00) be appropriated to the FY 2006 Workers Compensation Loss Fund Expense Account; Ten Thousand Dollar ($10,000.00) to be transferred from the FY 2001 Unexpended Workers Compensation Loss Fund Expense Account, Sixteen Thousand Dollars ($16,000.00) from the FY 2002 Unexpended Workers Compensation Loss Fund Expense Account, and Seventy Four Thousand Dollars ($74,000.00) from the FY 2003 Unexpended Workers compensation Loss Fund Expense Account. C-164 Relative to the appropriation of $38,000.00 to the Medicare Insurance Expense Account; same to be transferred from the Interest on Loans Expense Account. ORDERED:- that the sum of Thirty Eight Thousand Dollars ($38,000.00) be appropriated to the Medicare Insurance Expense Account; same to be transferred from the Interest on Loans Account. Upon recommendation of the FINANCE COMMITTEE, the following COMMUNICATION was RATIFIED. Vt. 9 “yeas” C-165 Relative to the appropriation of $50,000.00 to the Fire Department Overtime Account; same to be transferred from the Excess and Deficiency Account.(Granted with an Emergency Preamble on June 13, 2005; another vote is required) Upon recommendation of the FINANCE COMMITTEE, the following COMMUNICATION was GRANTED. Vt. 9 “yeas” C-166 Dean J. Mazzarella, Mayor: Establish a Police Department K-9 Unit Donation Account as authorized by Chapter 44, Section 53A of the Massachusetts General Laws. Upon recommendation of the FINANCE COMMITTEE, the following COMMUNICATION was GRANTED and ORDERED. Vt. 9 “yeas” C-168 Relative to the appropriation of $2,250.00 to the City Council Expense Account; same to be transferred from the Excess and Deficiency Account. ORDERED:- that the sum of Two Thousand Two Hundred Fifty Dollars ($2,250.00) be appropriated to the City Council Expense Account; same to be transferred from the Excess and Deficiency Account. A recess was taken at 10:00 P.M. Meeting reconvened at 10:07 P.M. Upon recommendation of the PUBLIC SERVICE COMMITTEE, the following PETITION was GRANTED. Vt. 8/0; Councillor John Salvatelli was absent during the vote. 104-05 Massachusetts Electric Company and Verizon New England Inc.: Walnut Street; install one jointly owned pole on Walnut Street beginning at a point approximately 81 feet west of the centerline of the intersection of Winter Street and continuing approximately 17 feet in an easterly direction. Upon request of the LEGAL AFFAIRS COMMITTEE, the following PETITION was given FURTHER TIME. Vt. 6 “yeas” and 3 “nays”; Councillors Freda, Lanciani and Rosa opposed.. 93-05 David E. Rowlands, Richard Marchand, John Dombrowski, James Lanciani, Dennis Rosa and Robert Salvatelli: Amend the Leominster Zoning Ordinance dated July 1, 2001 with amendments through January 27, 2003 with the purpose of removing Mixed Use Development Project or Mixed Use Zoning in its entirety by amending 1.) Section 22-24 – Industrial District by eliminating Section 24.2.5 in its entirety including all subsections; 2.) Section 22-26 Table of Uses by removing “Mixed Use Development Project” in its entirety and 3.) all sections that make references to Mixed Use Development Projects or Mixed Use Zoning REGULAR MEETING OF THE CITY COUNCIL, JUNE 27, 2005, continued Upon request of the LEGAL AFFAIRS COMMITTEE, the following PETITION was given FURTHER TIME. Vt. 9 “yeas” 94-05 Leominster City Council; Claire M. Freda, Dennis A. Rosa, James Lanciani Jr., John Dombrowski, John A. Salvatelli, David E. Rowlands, Wayne A. Nickel, Richard Marchand and Robert Salvatelli: Amend the Leominster Zoning Ordinance to create an In-Law Apartment Zoning by-law. Upon request of the LEGAL AFFAIRS COMMITTEE, the following PETITION was given TABLED. Vt. 9 “yeas” 95-05 Mark Brideau, President Brideau Oil and Ten Registered Voters: Amend Chapter 22, Section 22 – 26 of the revised ordinances entitled “Table of Uses” by inserting the following under “Industrial uses” Storage and Distribution of RRA RAA RB RC BA BB C I Home Heating Fuels N N N N N N N Y Upon recommendation of the LEGAL AFFAIRS COMMITTEE, the following PETITIONS were GRANTED. Vt. 9 “yeas” 97-05 Patrick LaPointe, City of Leominster/DPW: Grant a Special Permit to install a new sewer line from Granite Street to the beginning of West Street, located within the flood plain. 98-05 Steven J. Landry, Maguire Group Inc.: Grant a Special Permit to install approximately 1,900 linear feet of new 18 inch gravity sanitary sewer in a portion of the Mall at Whitney Field shown on Assessor’s Map 567 as lots 12 & 24, located in a flood plain. Upon request of the LEGAL AFFAIRS COMMITTEE, the following PETITIONS were TABLED. Vt. 9/0 101-05 John Dombrowski: Adopt an ordinance requiring the payment of Development Impact/Linkage Fees for commercial and residential development within the City of Leominster. 105-05 Neil S. Axelrod: Amend Chapter 13, Section 13-24.5(e) to reflect a tow zone from 9:00 P.M. to 6:00 A.M on the west side of Main Street for 120 feet in a southerly direction between Ferdinand Passway and Chase Avenue. Upon recommendation of the LEGAL AFFAIRS COMMITTEE, the following PETITION was GRANTED. Vt. 9/0 106-05 David Rowlands: Request that the City Council adopt M.G.L. Chapter 44, Section 53G relative to the employment of consultants. Upon request of the LEGAL AFFAIRS COMMITTEE, the following PETITION was TABLED. Vt. 9/0. 107-05 William L. Dinardo: Rezone 236 Lancaster Street to 270 Lancaster Street, shown on Assessors Map 177 as lots 10, 10a, 15a and 13 from Business A to Commercial.(A hearing is scheduled for July 25, 2005 at 7:30 P.M.) Upon request of the LEGAL AFFAIRS COMMITTEE, the following PETITION was TABLED. Vt. 9/0. A hearing was set for July 25, 2005 at 7:00 P.M. 108-05 Gregg Lisciotti, Manager, Pioneer Park, LLC: Rezone approximately 3.86 acres of land in Pioneer Park from Rural Residence to Industrial. Upon recommendation of the LEGAL AFFAIRS COMMITTEE, the following PETITION was GRANTED. Vt. 8/1; Councillor Freda opposed. 109-05 Richard M. Marchand: Request the Mayor provide the necessary funding for the installation of continuous sidewalks on the even numbered side of Washington Street, beginning at the intersection of Merriam Avenue and Washington Street to the area of North Main Street and Washington Square, including Stearns Avenue to Northwest School on the left side of said street to the intersection of Blossom Street and Stearns Avenue. Upon request of the CITY PROPERTY COMMITTEE, the following COMMUNICATION was given FURTHER TIME. Vt. 9/0 C-67 Dean J. Mazzarella, Mayor: Declare the property owned by the City of Leominster located on Jungle Road, Assessors Map 304, Lot 2, be declared surplus and made available for sale according to M.G.L. Chapter 30B, Section 16. Upon recommendation of the CITY PROPERTY COMMITTEE, the following COMMUNICATION was GRANTED. Vt. 9/0 C-167 Dean J. Mazzarella, Mayor: Request the donation of the City Wide City Pride post clock located at Monument Square be officially accepted by the city. Upon recommendation of the CITY PROPERTY COMMITTEE, the following PETITION was AMENDED. Vt. 8/1; Councillor John Salvatelli opposed. GRANTED AS AMENDED. Vt. 9/0; Amended to change “its vote” to “the vote” 102-05 Michael Hume: Request the City Council ratify and confirm the vote taken on or about September 1, 1972 authorizing the City of Leominster to enter into a 99 year lease with the Leominster Pop Warner Football League Inc. REGULAR MEETING OF THE CITY COUNCIL, JUNE 27, 2005, continued Upon recommendation of the CITY PROPERTY COMMITTEE, the following PETITION was GRANTED. Vt. 9/0 110-05 Kim Tocci, Wallace Figure Skating Club: Allow signs to be posted advertising fall registration on the islands at the traffic lights on Mill Street, Mechanic Street, Hamilton Street, and Merriam Avenue from August 19, 2005 to September 2, 2005. Upon request of the CITY PROPERTY COMMITTEE, the following PETITION was TABLED. Vt. 9/0 111-05 Richard M. Marchand: Request the Mayor enter into negotiations and purchase the Carter High School Building due to the breach in the request for proposal and the lack of maintenance which has caused a serious public safety issue for the City of Leominster. Upon recommendation of the WAYS & MEANS COMMITTEE, the following PETITIONS were GRANTED. Vt. 9/0 103-05 Casey Corporation d/b/a/ Chris’ Twins Café: Renew the license for three pool tables at 488 Lancaster Street. 112-05 Mark Gordon, Gordon LaSalle Music, Inc.: Renew the second-hand dealer’s license for the premises located at Twin City Plaza. 113-05 Fred R. Tousignant: Renew the second-hand dealer’s license for the premises located at 92 Pleasant Street. Upon recommendation of the WAYS & MEANS COMMITTEE, the following APPOINTMENTS were CONFIRMED. Vt. 8 “yeas”; Councillor Freda absent during the vote. Police Department- Officers – Thomas Amato, John Fraher Upon recommendation of the WAYS & MEANS COMMITTEE, the following APPOINTMENTS were CONFIRMED. Vt. 9 “yeas” Election Officers – 2005-2006 Upon request of the LEGAL AFFAIRS COMMITTEE, a motion to Reconsider the vote on the following PETITION which was GRANTED WITH AMENDMENTS on May 23, 2005, was given FURTHER TIME. Vt. 9/0 56-05 Ten Registered Voters, submitted by James Whitney: Amend Chapter 22, Article II, Section 22-16 of the Revised Zoning Ordinances entitled “Generally Permitted Uses” by adding new subsections (1) 16.9.1, in an Industrial or Commercial district the City Council may grant a Special Permit allowing the re-use of an existing building for a use not otherwise permitted in the district in which the building is located. The new use is one listed in Article II Section 22-26 as being permitted as of right or as being allowed subject to a Special Permit requirement in a Residence, Business, Commercial or Industrial district, exclusive of Adult Entertainment uses; (2) 16.9.2 the City Council shall find that the proposed reuse will not be substantially more detrimental to the neighborhood than the prior use and such permits may also impose conditions, safeguards and limitations on time or use. (3) 16.9.3 in granting a Special Permit to a specific business or use it will be exclusive to that business. All other businesses must apply for a Special Permit exclusive to such new use or business Councillor Marchand, Chair of the LEGAL AFFAIRS COMMITTEE, moved that the following PETITION be removed from the table and placed on the calendar for action. It was so voted. Vt. 9/0. Committees report as follows. 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. LEAVE TO WITHDRAW WITHOUT PREJUDICE Vt. 8”yeas”; Councillor Dombrowski abstained due to a possible Conflict of Interest. MEETING ADJOURNED: 11:15 P.M. Lynn A. Bouchard, City Clerk and Clerk of the City Council