City Council

HEARING BEFORE THE CITY COUNCIL, JUNE 12, 2006 Hearing opened at 6:36 P.M. with Councillor Marchand, Chair of the Legal Affairs Committee, presiding. This hearing was continued from May 8, 2006. All members were present. The following PETITION was the subject of the hearing. 60-06 Susan M. Harding: Grant a Special Permit to use the existing building at 34 Mohawk Drive, to operate a wholesale auto sales facility in an Industrial zone and to allow for the storage of automobiles within a floodplain. The petitioner, Susan M. Harding and Daniel McCarty, McCarty Associates, 42 Lancaster Street, were present. Councillor Marchand asked the petitioner if there were any objections to his chairing this hearing as he was not present at the first hearing. The petitioner had no objections. Mr. McCarty noted that on May 8, 2006, it was their understanding that the hearing was postponed and that no substantial issues were discussed because there were less than nine councilors present. Mr. McCarty said that they will be starting from the beginning with the presentation this evening. Mr. McCarty said that Ms. Harding had been to a number of public informational meetings with various city officials and they had received requests on a number of questions relative to how the business would be operating at this location. Mr. McCarty said that he will be going over those in his presentation. He said he will then summarize the status of the permits and activities with the other committees and boards in the city. Mr. McCarty reviewed the existing conditions of the project location, 34 Mohawk Drive, at the intersection of Lock Drive and Mohawk Drive. He said that this facility was constructed as a long distance trucking terminal. Mr. McCarty said it has five overhead doors on one side and five overhead doors on the opposite side. Mr. McCarty showed diagrams of the facility. He said the building was occupied for that purpose up until the 1990’s and since then has been used for various rental facilities. Mr. McCarty said that this facility was purchased by Nicholas Pirro, Jr. approximately one year ago. He said Susan Harding would like to move her business, Trade One Auto Auction, from Shrewsbury Street in Worcester to this location. Mr. McCarty said this location was chosen because it has the building on one side and a large gravel parking area, which was previously used for the storage of trailers. Mr. McCarty said that there are 16 parking spaces at the intersection of Mohawk Drive and Lock Drive. Those spaces would be used for vehicle drop off and inspection prior to being allowed to enter the site. He said all of the vehicles must be road worthy, no junk vehicles, no reprocessing of vehicles and no maintenance. Everything is being sold from dealers to dealers. The auction would be one day a week, currently it is held on Wednesday, so the vehicles would be on site for a short time. Mr. McCarty explained that the cars would go from the drop off area where they are inspected to one of the parking spaces shown on diagram. He said they have provided additional spaces in the rear for employee parking while the vehicles for auction are in these spaces. There are 16 employees. He said there will also be 32 parking spaces set aside for dealers. Mr. McCarty said there will be yard persons directing people to parking spaces. He said most vehicles would be taken off the site that day but all vehicles would be taken off by the next day. Mr. McCarty said that they met with the Development Review Board and the Planning Board and there were questions on a snow storage area. Mr. McCarty said that there is a 20 foot wide easement that is significantly away from the Nashua River, and that would be the snow storage location. Mr. McCarty said that they put together two documents dated May 25 and May 26, 2006 that addresses snow storage, trailer parking, dumpster location and existing ramp. He said they have maintained access for a dumpster adjacent to the building. The documents also address staff parking spaces, dealer parking spaces, proposed signage for drivers and dealers and additional signage requested by the Planning Board. Mr. McCarty said that the Conservation Commission requested that they put something along Lock Drive so that it wouldn’t be entirely opened. He said they are going to put decorations with large landscape boulders so that vehicles will not be parking on Lock Drive. Mr. McCarty said that Ms. Harding has a protocol at the beginning of each auction telling dealers that if they parked on the street to move their cars immediately or they would be tagged. Mr. McCarty said that the Planning Board will be using the document he has been discussing as conditions as well as the Zoning Board when they granted approval. He said the things that are listed go beyond the zoning requirements and go into the operating practices that Ms. Harding is willing to go by. Mr. McCarty said that there is a possibility that if a vehicle doesn’t sell it will be placed in a specific parking spot for the week and will go through the same process the next week. He said no vehicle will be there for more than two auctions and if it doesn’t sell by the second auction, it must be taken off the site, which is written in as a condition. Mr. McCarty said that there are also some community benefits. He said he has been working with Nashua River Watershed Association since the early 1970’s on canoe access. Mr. McCarty said one of the canoe access points they have been trying to get is right at this site. Mr. McCarty said there is a natural wooded area here that is going to be cleaned out and brush removed by Mr. Pirro. He said they are also planning on making an access path along the 20 foot easement strip as well as a picnic area. He said the Department of Public Works spoke to Mr. Pirro and indicated that they would like to work with him to clean this area up. Mr. McCarty said that he met with the Conservation Commission and the Environmental Inspector and they have instructed him to place stakes 110 feet from the edge of the Nashua River and run tape between the stakes. They then can continue to remove the debris which consists of tires, rims, and trailers that were left behind as long as they stay 100 feet away from the Nashua River. Mr. McCarty said that he has to file an Order of Conditions with the Conservation Commission. Mr. McCarty said that they have received ZBA Approval and also Site Plan Approval from the Planning Board and both of those incorporated conditions. Mr. McCarty said in regards to traffic in the neighborhood he feels that people will stay on the highway more than using cross streets and going through the neighborhood. He feels this will not cause anymore traffic through the neighborhood since it is so close to the highway. Mr. McCarty said they are going to talk to the Mayor to see if they can do another island with plantings at the traffic lights at the intersection of Nashua Street and the Leominster Connector to improve the entrance into the city. HEARING BEFORE THE CITY COUNCIL, JUNE 12, 2006, continued Councillor Marchand said there were two issues on this application, one being in the flood plain and the other being a Special Permit for commercial use in an industrial zone. Councillor Marchand asked regarding Ms. Harding’s policy about keeping cars from parking on the street, who would be making that call and would police have to be involved. Mr. McCarty said that they are making people aware that their cars could be tagged if parked on the street. Councillor Marchand asked if they came up with a resolution with the Building Inspector about leaving vehicles on the lot overnight. Mr. McCarty said that they did come up with a resolution which is to park the cars in the one corner of the lot which is at the end of the 100 year flood plain. Councillor Marchand asked what the operational hours would be. Ms. Harding said the auction is held on Wednesday nights from 6:30 P.M. until 8:30 P.M. Councillor Marchand asked what the impact would be to the residential neighbors. Mr. McCarty said he didn’t see any impact on the neighborhood. Councillor Marchand said they did receive several recommendations back from the various boards but had not received anything from the License Commission and asked what the status is. Mr. McCarty said they still have to apply to the License Commission. He said they wanted to make sure they had the rights to use the site before applying, but that would be there next step. No one in audience spoke in favor or opposition. Councillor Dombrowski asked how they define junk cars. Mr. McCarty said that the vehicles have to be able to pass Massachusetts Motor Vehicle Inspection status. He said they do not have a current inspection sticker on them but would get one after a sale. The inspections are done on location. Councillor Dombrowski asked which part of the lot is paved and it the how the lane markings would be made. Mr. McCarty said the paved area is approximately 40 feet off the edge of existing building and that there would not be painted lines but controlled by cones and by the employees who direct the traffic. Councillor Dombrowski said his only concern is the possibility of cars being stored there and leaking fluids. Mr. McCarty said that the vehicles would be stored on the paved area and that one of the conditions they have agreed to is that the catch basins and manholes in the paved area are equipped with oil sumps to collect solids and oils. He said if those are broken when they dig them up, they have agreed to repair them and have them inspected by the Department of Public Works. Councillor Dombrowski asked what the longest a vehicle could be on the site. Mr. McCarty said the longest a vehicle would be on the site is nine to fourteen days. Councillor Marchand asked if the environmental enforcement agent is someone from the city or a staff member on site. Mr. McCarty said that the protocol for an oil spill or other accident would be to call the Fire Prevention Department, the Health Department and the Department of Environmental Protection. Councillor Rowlands asked how many vehicles can be on site at one auction. Mr. McCarty said one hundred twenty-eight to one hundred thrity vehicles in one auction and that is one of the conditions from the Building Inspector. Councillor Rowlands asked what the percentage is that will not make it through the first auction and will be held until the second auction. Ms. Harding said usually 10 – 20% will stay for a second auction. Councillor Rowlands asked how many wholesalers will be at each auction and is it opened to the public or to just wholesalers. Mr. McCarty said approximately thirty to thirty-five dealers at each auction. He said it is only licensed dealers who are allowed and it is not opened to the public. Councillor Rowlands said the main issue is enforcement, who will be enforcing these conditions. Mr. McCarty said there are thirty-two spaces where vehicles will be parked that are left until the next auction and each of these vehicles will have a tag on their windshield which tells you the date of the auction and the date the car should be off the lot. Councillor Rowlands asked if there is maintenance required for the oil separation units. HEARING BEFORE THE CITY COUNCIL, JUNE 12, 2006, continued Mr. McCarty said that there is, and that he expects in the Order of Conditions from the Conservation Commission they will incorporate the standard maintenance package that includes the completion and certification that the work covered by the orders are complete. Councillor Salvatelli asked if they have talked to the abutters in terms of their concerns. He said most of the businesses down there are industrial with a lot of trucks coming in and out of there everyday. Mr. McCarty said he knows most of the people down there personally or have been clients of his. He said he will talk to them and see if any have any concerns. Councillor Tocci asked what will be going on day to day at the location. Ms. Harding said on Monday and Tuesdays they make phone calls to the buyers and sellers and give out numbers; cars are delivered on Tuesday afternoon and Wednesday; on Wednesday nights they give out numbers for the order in auction; Thursday they collect money from cars sold and give money to dealers that sold the cars; Friday they clean up and the process starts all over. They are closed on Saturdays and Sundays. Ms. Harding said the auctions are quick; the dealers are in and out of there fast. Councillor Tocci asked if the auctions are year round. Ms. Harding said the auctions are year round. Councillor Nickel asked if any of the property was going to be fenced in. Mr. McCarty said no; just decorative landscaping trying to eliminate people from unlimited access on Lock Drive. Councillor Nickel asked if they see problems in the Spring with the gravel lot; will it get rained out? Mr. McCarty said no; they will grade gravel once a year. Councillor Nickel asked how many employees will be there on auction days. Ms. Harding said approximately fifteen employees, thirty buyers and ten drivers. Mr. McCarty said that they can use the extra thirty-two spaces on auction day for parking. Councillor Freda said Mr. Tocci, an established business owner, had some concerns with commercial use in an industrial zone. She said he was concerned the new owners would feel his industrial business was too loud. Councillor Lanciani said he was satisfied with Mr. McCarty’s presentation. Councillor Rosa said he has no problem with this plan. He said being in the automotive business for thirty-two years he knows that today when you are dealing with buying and selling cars there are very strict laws that have to be followed. Councillor Rosa said he feels this will be a good use for this industrial location. Councillor Rowlands said he feels we need to define our table of uses regarding zoning. He said there is nothing in the table of uses in regards to this type of business. Councillor Dombrowski asked how Mr. Cataldo classified this in his rejection notice. Councillor Marchand read the rejection notice into the minutes: Violation of City of Leominster Zoning Ordinance Chapter 22, Article II,V, Section 22-16/16.10 & 22-26. Applicant wishes to use the existing building located in an Industrial Zone to operate a wholesale auto sales facility. A Special Permit will be required from the Leominster City Council for a use not allowed within an Industrial Zone and use of land for storage of autos within a Flood Plain. A Special Permit will be required from the Zoning Board of Appeals and Site Plan Approval will be required from the Planning Board. A recommendation will also be required from the Conservation Commission. Councillor Marchand said there are two separate acts of legislation. He said one is for the operation of a wholesale auto sales facility in an Industrial zone and the other is for the Floodplain. Councillor Marchand said he doesn’t have all of the updated recommendations back yet. Councillor Marchand asked where they stand with the Conservation Commission. Mr. McCarty said that they have approval to do all work outside the 100 feet limit of the Nashua River and to file a Notice of Intent for work within the 100 feet and the canoe access. Mr. McCarty said they will be meeting with the Conservation Commission within the next couple of days. Councillor Marchand told Mr. McCarty to send a follow up letter to the clerks office. HEARING ADJOURNED: 7:46 P.M. Lynn A. Bouchard, City Clerk and Clerk of the City Council HEARING BEFORE THE CITY COUNCIL, JUNE 12, 2006 Hearing opened at 9:00 P.M. with Councillor Marchand, Chair of the Legal Affairs Committee, presiding. All members were present. The following PETITION was the subject of the hearing. 70-06 John Souza and Kate Griffin-Brooks, on behalf of the Leominster Planning Board: Amend Section 24.2.5 of the Leominster Zoning Ordinance entitled Mixed Use Development by 1.) adding after the first sentence in Section 24.2.5.1 “Wetlands, as determined by the Conservation Commission shall not be considered in the density calculations” 2.) adding a new Section 24.2.5.3 allowing a property included on a Master Plan for the purpose of Mixed Use to be only used once for density calculations and 3.) adding a new Section 24.2.5.4 stating any further amendments, changes or revisions on completed projects are governed by the Leominster Zoning Ordinance with notification to the Planning and Development Department. John Souza, Chairman of the Planning Board, and Kate Griffin Brooks, Planning Director were present. Mr. Souza said that this petition is primarily for housekeeping purposes. He said it is corrections to the Mixed Use Development that the Planning Board has seen a need for but has held off because of pending litigation. Mr. Souza explained the following changes 1) Wetlands has not been calculated in the past and they would now like that to be added into the calculations. 2) Property can only be used once for density calculations, even if it changes owners. 3) Once a plan is completed, any changes will go through standard procedures; nothing would have to come back before the Planning Board unless there is a major change that would need Site Plan Approval. No one in the audience spoke in favor or opposition. Councillor Dombrowski asked if they have any proposed language for the petition. Mr. Souza said just the way it reads. Councillor Rowlands asked if the designation of wetlands is good enough to be defined or should it be something more definitive. Mr. Souza said that is why they put in “as defined by the Conservation Commission”, so that they can look at it and use all of their criteria, and also so that it goes before another board. Councillor Rowlands said he feels we need a broader definition other than Wetlands. Mr. Souza said that you look at the land area for the 1/3 to 2/3 ratio, not just the building. Councillor Rowlands asked if Section B is an attempt to stop the land from be divided again with other owners. Mr. Souza said that is correct, the Master Plan will govern the property. Councillor Nickel asked about the third part of this petition and who would be the gatekeeper? Mr. Souza said that if something just changes use, it wouldn’t have to go to the Planning Department, just the Building Inspector. He said only if an addition of 10,000 square feet or an addition of ten parking spaces or more, which would require a Site Plan, would it have to go before the Planning Board again. Mr. Griffin-Brooks again explained that it is strictly for housekeeping items and to close some of the loopholes in the existing ordinance. HEARING ADJOURNED 9:25 P.M. Lynn A. Bouchard, City Clerk and Clerk of the City Council REGULAR MEETING OF THE CITY COUNCIL, JUNE 12, 2006 Meeting called to order at 8:10 P.M. Attendance was taken by a roll call vote; all members present. A recess was called at 8:11 P.M. to continue interviews, public hearing and to hold a public forum. Meeting reconvened at 9:44 P.M. REGULAR MEETING OF THE CITY COUNCIL, JUNE 12, 2006, continued. The following COMMUNICATIONS were received, referred to the FINANCE COMMITTEE and given REGULAR COURSE. C-130 Relative to the appropriation of $100,000.00 to the Gallagher Building Capital Outlay Expense Account; same to be transferred from the Gallagher Building Revolving Fund. C-131 Relative to the appropriation of $30,000.00 to the Medicare Insurance Expense Account; same to be transferred from the Excess and Deficiency Account. C-132 Relative to the appropriation of $2,100.00 to the Cemetery Department Expense Account; same to be transferred from the Cemetery Perpetual Care Income Account. C-133 Relative to the appropriation of $40,000.00 to the Highway Expense Account; same to be transferred from the Snow and Ice Expense Account. C-134 Relative to the appropriation of $125,000.00 to the Contributory Retirement Expense Account; same to be transferred from the Excess and Deficiency Account. C-135 Relative to the appropriation of $1,000,000.00 to the various General Fund accounts as listed; same to be transferred from the Massachusetts School Building Authority Reimbursement Grant Account. Assessor’s Capital Outlay $210,000.00 Council on Aging Expenses 3,000.00 Building Capital Outlay 65,000.00 Public Works Expenses 5,000.00 Sidewalk Expenses 50,000.00 Election/Registration Expenses 1,200.00 Fire Capital Outlay 40,000.00 Mayor Expenses 4,950.00 Police Capital Outlay 32,350.00 Recreation Capital Outlay 122,500.00 Treasurer’s Expenses 15,000.00 Veteran’s Capital Outlay 50,000.00 School Dept. Capital Outlay 401,000.00 TOTAL: $1,000,000.00 C-136 Relative to the appropriation of $4,000.00 to the Library Expense Account; same to be transferred from the Library Salary and Wages Account. The following COMMUNICATIONS were received, referred to the FINANCE COMMITTEE and given REGULAR COURSE. A hearing was set for June 26, 2006 at 7:00 P.M. Vt. 9/0. C-137 Relative to the appropriation of $87,670,000.00 to the Fiscal Year 2007 Budget; same to be raised by Fiscal Year 2007 Revenue. C-138 Relative to the appropriation of $2,600,000.00 to the FY 2007 Sewer Department Budget ; same to be raised by FY 2007 Sewer Department estimated receipts as authorized by Chapter 44, Section 53E of the Massachusetts General Laws. C-139 Relative to the appropriation of $3,515,000.00 to the FY 2007 Water Department Budget; same to be raised by FY 2007 Water Department estimated receipts as authorized by Chapter 44, Section 53E of the Massachusetts General Laws. The following COMMUNICATION was received, referred to the FINANCE COMMITTEE and given REGULAR COURSE. C-140 Relative to the appropriation of $3,100,000.00 to the Stabilization Fund; same to be transferred from the Overlay Surplus Account. The following COMMUNICATION was received under SUSPENSION OF THE RULES, referred to the FINANCE COMMITTEE and given REGULAR COURSE. Vt. 9/0. C-141 Relative to the appropriation of $68,600.00 to the Police Department Expense Account; same to be transferred from the Police Department Salary and Wages Account. The following PETITION was received, referred to the PUBLIC SERVICE COMMITTEE and given REGULAR COURSE. A hearing was scheduled for June 26, 2006 at 6:55 P.M. Vt. 9/0. 83-06 National Grid and Verizon New England, Inc: Joslin Street: Install one jointly owned pole on Joslin Street beginning at a point approximately 210 feet east of the centerline of the intersection of Day Street and continuing approximately 42 feet in a westerly direction. REGULAR MEETING OF THE CITY COUNCIL, JUNE 12, 2006, continued The following PETITION was received, referred to the PUBLIC SERVICE COMMITTEE, given REGULAR COURSE and referred to the Mayor, the Department of Public Works, the Planning Board, the Health Department and the Water and Sewer Commission. 84-06 Orlando Pacheco, Town Administrator, Lancaster: Allow a sewer connection from the Town of Lancaster to the City of Leominster wastewater system servicing only the north side of Route 2, which currently encompasses the Johnny Appleseed Visitor’s Center, Orchard Hills Athletic Club and Roll-on-America. The following PETITION was received, referred to the PUBLIC SERVICE COMMITTEE, and given REGULAR COURSE. 85-06 Sharon F. Leger, et al: Request to change our street from Parnes Court to Field Road, as a public way. The following PETITION was received, referred to the PUBLIC SERVICE COMMITTEE, given REGULAR COURSE and referred to the Department of Public Works and the Planning Department. 86-06 Peter A. CampoBasso, on behalf of Southgate Meadows, LLC: Layout as a public way, an approved way known as Research Drive as shown on a Definitive Subdivision Plan entitled “Industrial Park” as Road A. The following PETITION was received, referred to the LEGAL AFFAIRS COMMITTEE, given REGULAR COURSE and referred to the Planning Department, the Conservation Commission, the Building Inspector, the Assessor, the Fire Department, the Health Department and the Department of Public Works. A hearing was scheduled for July 10, 2006 at 7:15 P.M. Vt. 9/0. 87-06 Joseph Altman: Grant a Special Permit to use an existing building at 195 Hamilton Street, located in an industrial zone and shown on Assessor’s Map 229 as Lot 3, for a consignment shop. The following PETITION was received, referred to the LEGAL AFFAIRS COMMITTEE, given REGULAR COURSE and referred to the Police Department. 88-06 Wayne Nickel: Remove the stop signs on Fourth Street at the intersection at Spring Street and place the stop signs on Spring Street at the intersection with Fourth Street. The following PETITION was received, referred to the LEGAL AFFAIRS COMMITTEE and given REGULAR COURSE. 89-06 James Lanciani, Jr.: Adopt M.G.L. Chapter 41 Section 100G 1/4 which allows payment of reasonable expenses for funeral and burial of any police officers or firefighters killed in performance of duty, not to exceed $5,000.00 The following PETITION was received, referred to the LEGAL AFFAIRS COMMITTEE, given REGULAR COURSE and referred to the Department of Public Works, the Building Inspector and the Health Department. 90-06 Richard M. Marchand: Revise the current building code which allows the city or state to proceed with construction past the hours allowed for general contractors unless the construction is of an emergency nature. The following PETITION was received, referred to the LEGAL AFFAIRS AND PUBLIC SAFETY COMMITTEES, given REGULAR COURSE and referred to the Police Department. 91-06 Richard M. Marchand: Request the Mayor authorize the City Solicitor to provide “boiler plate language” if not currently available, for our community to adopt legislation to require a public safety policy for business establishments throughout the community that attract or market young children to patronize their business, provide professional development voluntarily or legally if applicable, for their employees to help identify Level III Sex Offenders when entering their establishment.” The following PETITION was received, referred to the PUBLIC SAFETY COMMITTEE, given REGULAR COURSE and referred to the Police Department and the Department of Public Works. 92-06 Richard M. Marchand: Install the appropriate signage in close proximity to the intersection of River Street and Main Street facing Main Street to clearly indicate and emphasize “One Way Traffic – Do Not Enter – Wrong Way.” The following PETITION was received, referred to the PUBLIC SAFETY COMMITTEE, given REGULAR COURSE and referred to the Police Department and the Mayor. 93-06 Richard M. Marchand: Make River Street from the intersection of Hamilton Street to Main Street a truck exclusion. REGULAR MEETING OF THE CITY COUNCIL, JUNE 12, 2006, continued. The following PETITIONS were received, referred to the PUBLIC SAFETY COMMITTEE given REGULAR COURSE and referred to the Mayor, the Police Department and the Traffic Advisory Board. 94-06 Richard M. Marchand and Robert A. Salvatelli, on behalf of Russell M. Davis Jr.: Install traffic signals on the corner of Granite Street and West Street. 95-06 Robert A. Salvatelli: Install traffic signals at the intersection of West Street and Pond Street. The following APPOINTMENTS were received, referred to the WAYS & MEANS COMMITTEE and given REGULAR COURSE. Permanent Firefighter – Robert A. DeMarzio Leominster Disability Commission – Thomas Yoder, Victoria Marrama – term to expire April 15, 2009. Emergency Management Auxiliary Police Officer – Charlie Toro Williams – term to expire on April 15, 2007. Election Officers – 2006-2007 Emergency Management Communications Unit – Philip A. Porter The following RE-APPOINTMENT was received, referred to the WAYS & MEANS COMMITTEE and given REGULAR COURSE. Emergency Management Auxiliary Police Officer – Anthony Celona – term to expire April 15, 2007. Upon recommendation of the WAYS & MEANS COMMITTEE, the following APPOINTMENTS were CONFIRMED. Vt. 9/0. Zoning Board of Appeals – Paul Romano, alternate member - term to expire April 15, 2007 Perspective Police Officer Candidates – Kyle D. Mimnaugh, Barry M. Bouchard, David C. Wilson Board of Assessor – Christopher Paquette – term to expire April 15, 2008. (appointment to take affect July 1, 2006 filling the unexpired term of Norman Melanson) Trustees of Soldiers Memorials – Pelino Masciangioli – term to expire April 15, 2008. Fire Chief – Ronald M. Pierce - effective May 1, 2006. Deputy Fire Chief – Gary Ranno – effective April 5, 2006. Fire Lieutenant - Christopher Cameron – effective April 5, 2006. Upon request of the WAYS & MEANS COMMITTEE, the following APPOINTMENT was given LEAVE TO WITHDRAW without prejudice. Vt. 9/0. Perspective Police Officer Candidates – A. Luke Hamburger Upon recommendation of the FINANCE COMMITTEE, the following COMMUNICATIONS were GRANTED and ORDERED. Vt. 9 “yeas”. C-123 Relative to the appropriation of $100,000.00 to the Fiscal Year 2007 Workers Compensation Loss Fund Account; $35,000.00 to be transferred from the FY 2005 Workers Compensation Loss Fund Account, $55,000.00 to be transferred from the FY 2003 Workers Compensation Loss Fund Account, $2,000.00 to be transferred from the FY 2002 Workers Compensation Loss Fund Account and $8,000.00 to be transferred from the FY 2001 Workers Compensation Loss Fund. ORDERED: that the sum of One Hundred Thousand Dollars ($100,000.00) be appropriated to the FY 2007 Workers Compensation Loss Fund: $35,000.00 to be transferred from the FY 2005 Workers Compensation Loss Fund Account, $55,000.00 to be transferred from the FY 2003 Workers Compensation Loss Fund Account, $2,000.00 to be transferred from the FY 2002 Workers Compensation Loss Fund Account and $8,000.00 to be transferred from the FY 2001 Workers Compensation Loss Fund. C-124 Relative to the appropriation of $10,000.00 to the Street Marking Expense Account; same to be transferred from the Excess and Deficiency Account. ORDERED: that the sum of Ten Thousand Dollars ($10,000.00) be appropriated to the Street Marking Expense Account; same to be transferred from the Excess and Deficiency Account. REGULAR MEETING OF THE CITY COUNCIL, JUNE 12, 2006, continued. C-125 Relative to the appropriation of $5,000.00 to the Conservation Commission Salary and Wages Account; same to be transferred from the Wetland Fees Reserved for Appropriation Account. ORDERED: that the sum of Five Thousand Dollars ($5,000.00) be appropriated to the Conservation Commission Salary and Wages Account; same to be transferred from the Wetland Fees Reserved for Appropriation Account. RE: FY 2007 Budget C-126 Relative to the appropriation of $10,450.00 to the Sanitation & Drainage Expense Account; same to be transferred from the Excess and Deficiency Account. ORDERED: that the sum of Ten Thousand Four Hundred Fifty Dollars ($10,450.00) be appropriated to the Sanitation & Drainage Expense Account; same to be transferred from the Excess and Deficiency Account. C-127 Relative to the appropriation of $4,000.00 to the Sidewalk & Curbing Expense Account; same to be transferred from the Excess and Deficiency Account. ORDERED: that the sum of Four Thousand Dollars ($4,000.00) be appropriated to the Sidewalk & Curbing Expense Account; same to be transferred from the Excess and Deficiency Account. Upon recommendation of the FINANCE COMMITTEE, the following COMMUNICATION was RATIFIED. Vt. 9/0. C-129 Relative to the appropriation of $50,000.00 to the Veterans Department Capital Outlay Expense Account; same to be transferred from the Excess and Deficiency Account. (Granted on May 22, 2006 as an Emergency Preamble, another vote is required.) Upon recommendation of the PUBLIC SERVICE COMMITTEE, the following PETITION was given LEAVE TO WITHDRAW. Vt. 9/0. 76-06 Sharon F. Leger, et al: Accept Field Road as a public way. Upon recommendation of the LEGAL AFFAIRS COMMITTEE, the following PETITION was GRANTED. Vt. 9/0. C-128 Dean J. Mazzarella, Mayor: Accept a deed from Castleland Realty Trust for 2 parcels of land located on Willard Street. Upon recommendation of the LEGAL AFFAIRS COMMITTEE, the following PETITION was given LEAVE TO WITHDRAW. Vt. 9/0. 73-06 David E. Rowlands: Amend Chapter 2, Article XVI – Planning Board, Section 2-65 of the Revised Ordinances, entitled “Establishment; appointment and terms of members” to change the composition, requirements, and length of term for Planning Board members. Upon request of the LEGAL AFFAIRS COMMITTEE, the following PETITIONS were given FURTHER TIME. Vt. 9/0. 77-06 Richard M. Marchand: Place “no parking” signs on Blossom Street beginning at the intersection of West Street and Blossom Street and extending for twenty-five feet in the direction heading towards Merriam Avenue. 78-06 Claire Freda: Allow 15 minute parking during the drop-off and pick-up times at Bright Beginnings opposite the business on Lancaster Street from Litchfield Street to Elm Hill Avenue. Upon recommendation of the LEGAL AFFAIRS COMMITTEE, the following PETITION was GRANTED. Vt. 9/0. 79-06 John M. Dombrowski: Amend Section 21-22.4 (a) of the Revised Ordinances entitled “Sewer Connection Charges” so that all individual domestic units, including apartment units and condominium units, within the city will be charged one thousand dollars per unit for connection which will serve as a connection and inspection fee that is valid through the last day of the year in which the permit was issued and will not apply to in-law apartments or accessory structures. Upon recommendation of the WAYS & MEANS COMMITTEE, the following PETITIONS were GRANTED. Vt. 9/0. 80-06 Steve Morgan, President, Gamestop 1485: Grant second hand dealers license for the premises located at 100 Commercial Road. 81-06 Steve Morgan, President, Gamestop 3594: Grant second hand dealers license for the premises located at 26 Orchard Hill Park Drive. 82-06 Michael Sardellis: Renew the license for two pool tables at Chris’ Twins Café, 488 Lancaster Street. REGULAR MEETING OF THE CITY COUNCIL, JUNE 12, 2006, continued. The following ORDINANCE was read a second time, adopted as amended and passed to be ordained. Amended Subsection (b) from $5,000.00 per unit for connection to $3,500 per unit for connection. Vt. 8 “yeas and 1 “nay” Councillor Freda opposed. THE CITY OF LEOMINSTER In the year two thousand and six AN ORDINANCE Amending Chapter 21 of the Revised Ordinances entitled “Water and Sewer.” Be it ordained by the City Council of the City of Leominster, as follows: Chapter 21 of the Revised Ordinances entitled “Water and Sewer” is hereby amended by deleting Section 21-22.4, subsections (a) through (c), in their entirety and inserting in their place the following: (a) All individual domestic units and condominium units, within the city, will be charged one thousand dollars ($1,000.00) per connection. This will serve as a connection and inspection fee that is valid through the last day of the year in which the permit was issued. (b) All individual domestic units including apartment units and condominium units, out of the city, will be charged three thousand five hundred dollars ($3,500.00) per unit for connection. This will serve as a connection and inspection fee that is valid through the last day of the year in which the permit was issued. This will not apply to in-law apartments or accessory structures. (c) All commercial and industrial construction, within the city, will be charged according to the following schedule: This will serve as a connection and inspection fee that is valid through the last day of the year in which the permit was issued. Proposed Discharge/Day Rate Total Charges 1,000 gpd - 2,000 gpd $1.50 $1,500.00 - $3,000.00 2,001 gpd - 10,000 gpd $3,000 plus $1.00/gal over 2,000 $3,001.00 - $11,000.00 10,001 gpd & over $11,000 plus $.50/gal over 10,000 $11,000.50 and over (d) All commercial and industrial construction, out of the city will be charged according to the following schedule: This will serve as a connection and inspection fee that is valid through the last day of the year in which the permit was issued. Proposed Discharge/Day Rate Total Charges 1,000 gpd - 2,000 gpd $7.50 $7,500.00 - $15,000.00 2,001 gpd - 10,000 gpd $15,000 plus $5.00/gal over 2,000 $15,005.00 - $55,000.00 10,001 gpd & over $55,000 plus $2.50/gal over 10,000 $55,002.50 and over (e) Developers will submit with their sewer application permit amounts of expected sewage per day. All calculations and date to be verified by an engineer registered in the Commonwealth of Massachusetts. A charge of two dollars ($2.00) per gallon for property within the city, and ($9.00) per galloon for property out of the city, will be charged based on calculations submitted with their sewer application permit. Section 21-22.4 is further amended by relabelling subsection (d) as subsection (f), and by relabelling subsection (e) as subsection (g). ________________________________________________________________________________ REGULAR MEETING OF THE CITY COUNCIL, JUNE 12, 2006, continued. The following ORDINANCE was read once and adopted as presented. A hearing was scheduled for June 26, 2006 at 6:45 P.M. Vt. 9 “yeas.” 1st Reading Ordinance – Amend Chapter 21 of the Revised Ordinances entitled “Water and Sewer” by deleting the Sewer User Rate Schedule in Section 21-22.3 in its entirety and inserting in its place a new section 21-22.3 reflecting new out of city sewer rates. Under New Business Councillor Rowlands said he would discuss the water issues in the city with the involved parties and talk about the Consent Order and what it means to the future of the city. Councillor Nickel asked if we should go into Executive Session to discuss this. Councillor Salvatelli said to ask the Mayor and the Department of Public Works to come down and give us an update on July 10, 2006. Councillor Tocci, Chair of the CITY PROPERTY COMMITTEE, moved that the following COMMUNICATIONS be removed from the table and placed on the calendar for action. It was so voted 9/0. Committee reports as follows: C-45 (1999) Dean J. Mazzarella, Mayor: Change the name of Jungle Road to Mulberry Lane to become effective January 1, 2001. LEAVE TO WITHDRAW Vt. 9/0. C-144 (2002) Dean J. Mazzarella, Mayor: Request that the land at 48-52 Central Street as shown on Assessors Map 17, Parcels 28 & 29 be declared surplus. LEAVE TO WITHDRAW Vt. 9/0. C-67 (2004) 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. LEAVE TO WITHDRAW Vt. 9/0. 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 9/0. 30-06 Paul LeBlanc and Henry Lanza, on behalf of the License Commission: Accept MGL Chapter 138, Section 12, which allows cities and towns to permit common victualers (food) who sell wine & malt beverages under MGL Chapter 138, Section 12 to also sell Liqueurs and Cordials. TABLED FOR STUDY Vt. 9/0. 60-06 Susan M. Harding: Grant a Special Permit to use the existing building at 34 Mohawk Drive, to operate a wholesale auto sales facility in an Industrial zone and to allow for the storage of automobiles within a floodplain. TABLED Vt. 9/0. 70-06 John Souza and Kate Griffin-Brooks, on behalf of the Leominster Planning Board: Amend Section 24.2.5 of the Leominster Zoning Ordinance entitled Mixed Use Development by 1.) adding after the first sentence in Section 24.2.5.1 “Wetlands, as determined by the Conservation Commission shall not be considered in the density calculations” 2.) adding a new Section 24.2.5.3 allowing a property included on a Master Plan for the purpose of Mixed Use to be only used once for density calculations and 3.) adding a new Section 24.2.5.4 stating any further amendments, changes or revisions on completed projects are governed by the Leominster Zoning Ordinance with notification to the Planning and Development Department. TABLED Vt. 9/0. Councillor Tocci, Chair of the CITY PROPERTY 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. 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. LEAVE TO WITHDRAW Vt. 9/0. MEETING ADJOURNED: 11:16 P.M. ________________________________________________ Lynn A Bouchard, City Clerk and Clerk of the City Council