City Council

HEARING BEFORE THE CITY COUNCIL, FEBRUARY 12, 2007 Hearing opened at 6:55 P.M. with Councillor Rosa, Clerk of the Public Service Committee, presiding. All members were present except Councillor Nickel. The following PETITION was the subject of the hearing. 46-07 National Grid: Install one solely owned pole on Abbott Avenue beginning at a point approximately 20 feet north of the centerline of the intersection of Lindell Avenue. Councillor Rosa explained that no one was present to represent National Grid and they requested that the hearing be continued until February 26, 2007 at 7:25 P.M. No one in the audience spoke in favor or opposition. No Councillors spoke. HEARING ADJOURNED at 6:57 P.M. and continued until February 26, 2007 at 7:25 P.M. Lynn A. Bouchard, City Clerk and Clerk of the City Council HEARING BEFORE THE CITY COUNCIL, FEBRUARY 12, 2007 Hearing opened at 7:00 P.M. with Councillor Rowlands, Chair of the Legal Affairs Committee, presiding. All members were present except Councillor Nickel; Councillor Freda arrived late. The following PETITION was the subject of the hearing. 39-07 James N. Cavaioli and ten registered voters: Amend Section 22-26, of the Leominster Zoning Ordinances entitled “Table of Uses” to allow athletic training/playing facilities in an Industrial Zone district as a use allowed by right. James Cavaioli was present. Councillor Rowlands read the letter submitted by James Cavaioli to amend the ordinance as follows: To: Leominster City Council, This letter is intended to amend my petition #39-07, to the City Council which asks to change the Table of Uses to allow an indoor training facility in an Industrial Zoned district as a use allowed by right. The amendment is to change the Table of Uses” to allow an indoor training facility in an Industrial Zoned district in a building 15,000 square feet or less as a use allowed by right. I thank you for your consideration in this matter. Sincerely, James N. Cavaioli Councillor Rowlands said a positive recommendation was received from the Zoning Board of Appeals. Councillor Rowlands read the following letter from the Planning Board into the record: Dear Lynn, At a regularly scheduled Planning Board Meeting on January 16, 2007 the Board voted to recommend to the City Council that athletic training/playing facilities be allowed in an Industrial Zone with a Special Permit from the Planning Board and not “by-right.” Further, the Board agreed that the Zoning By-Law definition of “Amusement and Recreation Services” was adequate to cover athletic training/playing facilities. Therefore, in the “General Uses” category in the Table of Uses, Section 22-26, under the category of “Amusement Areas” the “N” (NO) should be replaced with “SPPB” (Special Permit Planning Board). This would make it consistent with the Commercial, Business B and other zoning districts that allow amusement areas. Sincerely, Kate Griffin-Brooks Director of Planning and Development Councillor Rowlands said that the Planning Board submitted a petition regarding this and that he would like to work this in parallel to James Cavaioli’s petition to keep things moving along. Councillor Rowlands said the petition is on the agenda tonight and it is to change the Table of Uses to allow the type of facility on Mr. Cavaioli’s petition with a Special Permit from the Planning Board. Councillor Rowlands said the Fire Department requested the following be added to the petition “Inspection by the Building Department, as well as documented adequacy of the fire warning and emergency lighting equipment before any athletic training or playing use is allowed by right.” In regards to the Fire Departments concerns with the sprinkler systems, Mr. Cavaioli said he realizes probably every industrial building that is available in Leominster would need the sprinkler heads changed. Mr. Cavaioli said that originally he was told that this didn’t come under the Amusements category. He said if he had known, he wouldn’t have had to submit this petition. Mr. Cavaioli said he really feels it doesn’t fall under Amusements because he wants it to be more of an educational, training type facility. He said if he were to go before the Planning Board for a Special Permit there would be a lot more cost involved with getting a Site Plan and everything else involved. He said there will be a lot of expenses bringing the building up to code. He said he would like it to be a year round facility. Mr. Cavaioli said between softball and baseball there are approximately 2,500 children in Leominster alone that would be affected by this facility. Mr. Cavaioli said during the summer months, if it is a 15,000 square foot facility, he would like to do field hockey camps. He said he really feels there is a need for this type of facility in Leominster. Councillor Rowlands read the following from a letter which was received from the Recreation Department: “Additional recreational facilities offer residents the opportunities for healthy activities. If recreational facilities are offered in an industrial area where people work, it would benefit the employee and employer by making it convenient for workers to utilize the facilities before and after work.” He said that the Recreational Department is looking at the big picture of having athletic facilities by right in the Industrial area. Mr. Cavaioli said he would like to thank the council for their time and consideration. No one in the audience spoke in favor or opposition. Councillor Dombrowski said that he is in favor of this petition. HEARING BEFORE THE CITY COUNCIL, FEBRUARY 12, 2007, continued Councillor Marchand said this type of facility is needed in the City of Leominster. He said a top quality project like this would be a regional attraction depending upon the facility and staff that you put together. Councillor Marchand asked Mr. Cavaioli what his vision is on this facility. He said questions have been raised regarding the square footage and expansion of the project. Mr. Cavaioli said the original site was going to be at 39 Spruce Street which was 7,200 square feet. He said that was the only site he found at the time to be leased that offered a reasonable per square footage rate. He said there are a lot of locations but people want too much money for the space. Mr. Cavaioli said right now he is looking at approximately 15,000 square feet which would give approximately enough room for ten cages. He said a grander plan down the road, if this was successful, would be to have a facility like the one in Marlboro. He said if this goes through, he is thinking about buying a piece of land and constructing a new building. Mr. Cavaioli said he is also considering putting in a couple basketball courts. Councillor Rowlands said that a Site Plan is needed for more than 10,000 square feet and affecting more than 10 parking spaces regardless of if this was allowed by right or not. Councillor Rowlands said that everybody agrees that this type of facility is a good idea for the city, it is just a matter of which way is best for the children. He said they have to think about future cases that could come in under this zoning which is not desirable. Mr. Cavaioli said he does understand that the City Council’s job is to not just look at this one project, but all the ones that may come down the road if this petition passes. HEARING ADJOURNED at 7:14 P.M. Lynn A. Bouchard, City Clerk and Clerk of the City Council HEARING BEFORE THE CITY COUNCIL, FEBRUARY 12, 2007 Hearing opened at 7:15 P.M. with Councillor Rowlands, Chair of the Legal Affairs Committee, presiding. All members were present except Councillors Nickel and Tocci. The following PETITION was the subject of the hearing. 44-07 The Richmond Company: Grant a Special Permit to construct a new 15,000 square foot Walgreen’s Pharmacy Store with drive-up window and associated site improvements at 35 Central Street, as shown on Assessors Map 15 as lots 9, 9A, 10, 10A, 11, 21, 22 and 25, located within a floodplain. John Stuart, Project Manager for the Richmond Company, and Bill Gobel, Bohler Engineering, were present. He said they were before the City Council approximately 8 months to a year ago relative to a proposal for a Walgreens Pharmacy on Central Street on the property of Monty’s Garden, in particular. Mr. Stuart said at that time they got a lot of input from the City Council. He said they had asked to lease some of the city parking lot and use some property for drainage. He said after they listened and understood the concerns the City Council had, they went back and redeveloped the plan. He said they also acquired other properties so that they would not need to use city property. He said they also brought the building forward, closer to the street, as suggested by the City Council. Mr. Stuart said that by acquiring the other properties they have been able to put all of the parking on their site and also eliminate the need for drainage on city property. Mr. Stuart said that since establishing this plan they have gone before the Conservation Commission and received approval and has also received Site Plan Approval from the Planning Board. He said that tonight they are before the City Council asking for flood plain approval. Mr. Stuart said Bill Gobel has prepared the storage numbers and believes there are no detrimental impacts to the flood plain. He said as part of this development they have agreed to repave and to fix the drainage in the city lot that abuts them and also restripe the lot following the paving. Mr. Stuart said they have been requested to install a signal at the intersection and that is in the planning process now. Councillor Rowlands said that recommendations of approval were received from the Building Inspector, the Conservation Commission, and the Health Department. He said there are two issues brought forward by the Police and Fire Departments, which really fall outside the flood plain issue, but would like to mention them. Councillor Rowlands read the following letter from the Fire Department into the record. Dear Mrs. Bouchard: I am sending you this communication in response to the City Councils’ request for a recommendation on the Special Permit requested by the Richmond Company to construct a new building within the flood plain at 35 Central Street. Plans and specifications for this building have been through the Planning Board’s approval process. During that time, this department twice requested date on the fire protection water supply and demand required for this building, however to date no communication has be received by the Fire Prevention Bureau from the applicant. HEARING BEFORE THE CITY COUNCIL, FEBRUARY 12, 2007, continued While this applicant’s project may indeed be a good one relative to downtown revitalization, I cannot approve of the construction until our inquiries are answered. I would respectfully ask that the Special Permit be denied until such time as the Planning Boards conditions of approval have been satisfied. Sincerely yours, Ronald M. Pierce Chief of Department Councillor Rowlands asked if they have been working with the Fire Department to satisfy this request. Mr. Stuart said they have just begun designing this building and as part of that design, they will design the fire system for the building. He said he has expressed to the Planning Board that they will address all those concerns as soon as they have a design prepared that would satisfy the Chief. Councillor Rowlands read the following letter from the Traffic Department into the record. While assigned as traffic division supervisor of the Leominster Police Department, I received correspondence from the City Council in reference to a recommendation on petition #44-07. This petition involves the proposed Walgreen Pharmacy project in the area of 35 Central Street. During the planning of this project, both myself and officer Bangrazi met with individuals involved with the project and attended meetings concerning it. We expressed our concerns about the project and its effect on traffic in the area. As we indicated in the planning phase, this proposal as presented is not acceptable to us. If a traffic study exists, as I suggested it should be included, I have not seen it. In my opinion the proposed traffic light at the intersection of Lancaster Street and Central Street as it involves Union Street and local businesses, has the potential to be another “North Main Street, Nelson Street, Fruit Street, CVS, McDonald’s and Watertower plaza traffic ****nightmare****. Once complete we may find ourselves in the situation of having to correct the problem that I believe will arise as a result of this project. Sgt. Ducharme Councillor Rowlands said while this does not have to do with the flood plain; it does raise concerns among the Council. Mr. Stuart said there was a full traffic study prepared and submitted to the Planning Board as required. He said they have spoken to many representatives of the city in regards to the intersection and said he doesn’t know if they can make it perfect, but the intersection does meet the warrant for a signal. He said the signal itself will have little benefit to Walgreens since they will not be on the intersection, but said they will be impacting that intersection and have agreed to install the signal. He said they are designing it to the specification of the city. Councillor Rowlands said that according to the plan of the flood plain, it looks like there has been an increase in compensatory storage and said he wants to be sure that the city doesn’t loose any flood plain storage, he said he would like to see it the same amount, it not more. Bill Gobel said they have evaluated the site based on the FEMA study that was prepared and based on the comparison of the proposed conditions and that which were in the FEMA study, there is 7,800 cubic yards of storage presently on the site. He said and after the proposed conditions with improvements there will be approximately 8,400 cubic yards of storage area. He said they are increasing the amount of storage on the site. Councillor Rowlands asked if it is based on the 100 year flood. Mr. Gobel said yes it is. Christine Caisse, property owner of 35 Central Street, said she is in favor of this project. Giulio Greco, 175 Washington Street, said he is in favor of this project. He said it will not only enhance downtown but it will stimuli other merchants to improve their properties and to help Leominster grow. Dan Bilodeau, 11 Hudson Street, said he is the owner of C & M Pizza on 69 Central Street. He said he is not really opposed to the project; he is just opposed to potentially loosing parking spaces in the back. He is also concerned about the traffic lights that are proposed because he doesn’t feel that it will help the traffic at all and that he thinks it will be a mess. Mr. Bilodeau said in regards to the flood plain, the water has been up to his ankles in that area. Councillor Dombrowski asked if they are creating any additional impervious soils. Mr. Gobel said no, they are actually reducing the amount of impervious soils and adding approximately 7,000 square feet of green space to the area. Councillor Dombrowski asked where this green space will be added. Mr. Gobel said there will be new green space in the front of the site, along the street frontage, and also more green space in the rear and the side of the site. HEARING BEFORE THE CITY COUNCIL, FEBRUARY 12, 2007, continued Councillor Dombrowski said that the current parking lot was bowl shaped and asked if that is being remedied. Mr. Gobel said the existing city parking lot is going to maintain similar drainage patterns. He said they will be paving and restriping, but will not be changing the elevations. Councillor Dombrowski said that most of the changes in elevation will be just around the new building. Mr. Gobel said that is correct. Councillor Dombrowski asked him to explain how the improvements around the proposed building are not going to make the current city property worse. Mr. Gobel said that they tried to maintain the same drainage patterns so that the same amount of water drains to the city property as it does today. He said there will be more green space so that there will be less runoff that goes onto the city property. Councillor Salvatelli said that a lot of the city parking is being used by Leominster Union, C & M Pizza and the coffee shop and asked how they will be affected by this. Mr. Stuart said that they have 63 spaces on the property of Walgreens and said they will stripe it anyway the city wants and will allow other businesses to use it. He said they are adding an island that will control some of the traffic. Councillor Salvatelli said he feels the traffic issue is going to be a problem and asked who is going to approve the traffic light. Mr. Stuart said it will be the city that approves the traffic signal. He said the light they are proposing will be at the corner of Lancaster Street. He said they did consider a light at the corner of Union Street but that there is no space for the equipment at that site. Councillor Marchand said in terms of compensatory storage, it doesn’t look like much of a volume increase and asked how they are going to actually store it. Mr. Gobel said they calculate during a 100 year storm what the water surface elevation gets to and figure out how much water is above grade on the property. He said they then grade the site so that the same amount of water or more could be stored on the property. He said with the additional property that was purchased, they will not need to store underground. Councillor Marchand asked if there are plans to maintain the parking lot. Mr. Stuart said there are none at this time. Councillor Marchand said he doesn’t want to see any parking space eliminated from downtown, but if some have to be, would they be able to compensate those parking spaces. Mr. Stuart said there are 63 parking spaces required by code and only about 40 parking spaces will be used by Walgreens. He said if they are required to let the city use some of the parking spaces, they could definitely do that. Councillor Marchand asked who is forcing the traffic light issue, the Richmond Company or the City of Leominster. Mr. Stuart said it is the City of Leominster. He said when they first came to the city they didn’t have a plan to put in a traffic light, but when they saw the intersection and the amount of traffic it became obvious that it needed a signal. Councillor Marchand asked if it is a corporate policy of Walgreens to not build unless there is a set of lights to stop the traffic so that customers can easily get into there facility. Mr. Stuart said that is not correct. Councillor Marchand asked if they eliminated the traffic lights altogether, would it affect them. Mr. Stuart said that it would not. Councillor Rowlands asked if there is maintenance required on the drainage system. Mr. Gobel said there is and that Walgreens will maintain it. Councillor Rowlands asked if the filtration would handle the gas, oil and chemicals associated with the vehicle traffic. Mr. Gobel said there is an oil water separation design which would address that situation. Councillor Rowlands asked about the protection of the brook during construction. Mr. Gobel said that during construction it is very regulated and that hay bales and silt fences will be used to protect the property. He said they put in inlet filters when the inlets are constructed and a serious of requirements to stabilize the site and also construction exit pads are used. Councillor Dombrowski said that they have Site Plan Approval from the Planning Department and asked what other permits they would need to get with regards to the traffic light issue. HEARING BEFORE THE CITY COUNCIL, FEBRUARY 12, 2007, continued Mr. Stuart said that the intersection is controlled and overseen by the city and that they have agreed to design it by the city’s specifications. Councillor Dombrowski asked if that is a specific condition from the Planning Board through the Site Plan Approval. Mr. Stuart said yes, the signalization plans are submitted to the Electrical Inspector, who is running the design process, and the Planning Department. Councillor Freda said she believes that was a suggestion from the Development Review Board, not the Planning Board. Councillor Dombrowski asked if there would be an objection to a condition that stated that the traffic control signal that is to be implemented be approved by the city. Mr. Stuart said he doesn’t have a problem with that condition. HEARING ADJOURNED at 7:58 P.M. Lynn A. Bouchard, City Clerk and Clerk of the City Council REGULAR MEETING OF THE CITY COUNCIL, FEBRUARY 12, 2007 Meeting called to order at 8:00 P.M. Attendance was taken by a roll call vote; all members present except Councillor Nickel. The Committee on Records reported that the records through January 22, 2007 were examined and found to be in order. The records were accepted. A recess was called at 8:02 P.M. to hold a public forum. Meeting reconvened at 8:12 P.M. and a motion was made and seconded to go into Executive Session under the provisions of Chapter 39, Section 23B of the Massachusetts General Laws. Voted by roll call. Vt. 8 “yeas”. Councillor Marchand said the regular meeting would continue at the conclusion of the Executive Session. Meeting reconvened at 8:40 P.M. The following COMMUNICATIONS were received, referred to the FINANCE COMMITTEE and given REGULAR COURSE. C-82 Relative to the appropriation of $8,900.00 to the Municipal Building Expense Account; same to be transferred from the Excess and Deficiency Account. C-83 Relative to the appropriation of $13,000.00 to the City Comptroller’s Salary and Wages account; same to be transferred from the Excess and Deficiency Account. C-84 Relative to the appropriation of $8,200.00 to the Forestry Department Expense Account; same to be transferred from the Excess and Deficiency Account. C-85 Relative to the appropriation of $80,000.00 to the Sanitation and Drainage Expense Account; same to be transferred from the Excess and Deficiency Account. C-86 Relative to the appropriation of $30,000.00 to the Veteran’s Department Expense Account; same to be transferred from the Excess and Deficiency Account. C-87 Relative to the appropriation of $4,700.00 to the Police Salary and Wages Account; same to be transferred from the Collective Bargaining Expense Account. The following COMMUNICATION was received, referred to the SMALL BUSINESS & ECONOMIC DEVELOPMENT COMMITTEE and given REGULAR COURSE. C-88 Dean J. Mazzarella, Mayor and Scott Amos, Economic Development Coordinator: Request the approval of the following Economic Opportunity Areas under the Economic Development Incentive Program: Whitney-Spruce Economic Opportunity Area Adams-Cotton Neighborhood Economic Opportunity Area Leominster I-190 Industrial Park Opportunity Area Orchard Hill Park Economic Opportunity Area Borden Chemical Property Economic Opportunity Area Nashua Street Economic Opportunity Area Industrial Road Economic Opportunity Area REGULAR MEETING OF THE CITY COUNCIL, FEBRUARY 12, 2007, continued. The following COMMUNICATION was received, referred to the WAYS & MEANS COMMITTEE and given REGULAR COURSE. C-89 Dean J. Mazzarella, Mayor: Request that Jessica Ojala, employee of the Leominster School Department, be exempt from the provisions of M.G.L. Chapter 268A (20B) Conflict of Interest, as she will be performing the duties of Conservation Commission Secretary at the monthly meetings during evening hours. The following PETITION was received, referred to the FINANCE & LEGAL AFFAIRS COMMITTEE, given REGULAR COURSE and referred to the Mayor, the City Comptroller, the Department of Public Works, the Water and Sewer Commission, the City Solicitor and the Treasurer and Collector. 53-07 David Rowlands: Establish a Water Enterprise Account and a Sewer Enterprise Account, as authorized by MGL Ch. 44 53Fl/2. The following PETITION was received, referred to the PUBLIC SERVICE COMMITTEE, given REGULAR COURSE and referred to the Planning Board and the Mayor. 54-07 Patrick LaPointe, Department of Public Works: Request that the City Council accept engineering plans and specifications from Whitman & Bingham and funded by Gregg P. Lisciotti, to allow the city to solicit bids for the final paving, installation of granite curbing, concrete sidewalks and landscaping on Orchard Hill Park Drive. Funding for this project will be from a PWED Grant with the MA Highways Department in the amount of $326,450. The following PETITION was received, referred to the LEGAL AFFAIRS COMMITTEE, given REGULAR COURSE and referred to the Building Inspector, the Fire Department, the Police Department and the Health Department. A hearing was scheduled for March 12, 2007 at 7:30 P.M. Vt. 8/0. 55-07 John Souza, on behalf of the Planning Board: Change the Leominster Zoning Ordinance Section 22-26 “Table of Uses” under General Uses in the Amusement category from “N” under Industrial to “SPPB”. The following PETITION was received, referred to the LEGAL AFFAIRS COMMITTEE, given REGULAR COURSE and referred to the Planning Board, the Health Department, the Police Department, the Fire Department, the Conservation Commission, the Building Inspector and the Department of Public Works. A hearing was scheduled for March 26, 2007 at 7:00 P.M. Vt. 8/0. 56-07 Robert Szymkowski: Grant a Special Permit to use an existing building at 539 Lancaster Street, located in an Industrial zone and shown on Assessor’s Map 443A as Lot 4, for a retail showroom for Leominster Floor Covering. The following PETITION was received, referred to the LEGAL AFFAIRS COMMITTEE, given REGULAR COURSE and referred to the Planning Board, the Health Department, the Police Department, the Fire Department, the Conservation Commission, the Building Inspector and the Department of Public Works. A hearing was scheduled for March 26, 2007 at 7:15 P.M. Vt. 8/0. 57-07 Lucien DiStefano, Bohler Engineering, P.C., on behalf of Amerada Hess Corporation: Request License for the keeping, storing and sale of inflammable liquids at 680-706 Central Street. The following PETITION was received, referred to the LEGAL AFFAIRS COMMITTEE, given REGULAR COURSE and referred to the Planning Board, the Health Department, the Fire Department and the Building Inspector. A hearing was scheduled for March 26, 2007 at 7:30 P.M. Vt. 8/0. 58-07 Beth and Frank Novak and ten registered voters: Amend section 22-26, of the Leominster Zoning Ordinances entitled “Table of Uses” to allow Day Spas in a Residential B district, as a use allow by right. The following PETITION was received, referred to the CITY PROPERTY COMMITTEE, given REGULAR COURSE and referred to the School Department, the Police Department, the Fire Department, the Department of Public Works and the Mayor. 59-07 William C. (Bud) Taylor II: Request to rename Kingman Drive to “Brandon Martinez Memorial Boulevard” and place an appropriate marker on Leominster High School property to commemorate the life of the late student. The following APPOINTMENT was received, referred to the WAYS & MEANS COMMITTEE and given REGULAR COURSE. Leominster Disability Commission – Kim McDonnell – term to expire April 15, 2009. REGULAR MEETING OF THE CITY COUNCIL, FEBRUARY 12, 2007, continued. The following TEMPORARY APPOINTMENT was received, referred to the WAYS & MEANS COMMITTEE and given REGULAR COURSE. Leominster Police Department – Acting Sergeant, Scott Bernier Upon recommendation of the FINANCE COMMITTEE, the following COMMUNICATIONS were GRANTED and ORDERED. Vt. 8 “yeas”. C-73 Relative to the appropriation of $35,000.00 to the Planning Department 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 Planning Department Expense Account; same to be transferred from the Excess and Deficiency Account. RE: These funds are to be utilized for a comprehensive planning study. C-74 Relative to the appropriation of $64,854.91 to the Library Capital Outlay Expense Account; same to be transferred from the Library State Aid Receipts Reserved for Appropriation Account. ORDERED: that the sum of Sixty Four Thousand Eight Hundred Fifty Four Dollars and Ninety-One Cents ($64,854.91) be appropriated to the Library Capital Outlay Expense Account; same to be transferred from the Library State Aid Receipts Reserved for Appropriation Account. C-75 Relative to the appropriation of $52,350.00 to the Library Expense Account; same to be transferred from the Library State Aid Receipts Reserved for Appropriation Account. ORDERED: that the sum of Fifty Two Thousand Three Hundred Fifty Dollars ($52,350.00) be appropriated to the Library Expense Account; same to be transferred from the Library State Aid Receipts Reserved for Appropriation Account. C-76 Relative to the appropriation of $10,000.00 to the City Council 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 City Council Expense Account; same to be transferred from the Excess and Deficiency Account. RE: These funds are to be utilized for a new sound system for the council chambers. Upon recommendation of the FINANCE COMMITTEE, the following COMMUNICATIONS were GRANTED and ORDERED. Vt. 7 “yeas”; Councillor Tocci abstained due to possible conflict of interest. C-77 Relative to the appropriation of $25,000.00 to the Police Department Expense Account; same to be transferred from the Excess and Deficiency Account.  ORDERED: that the sum of Twenty Five Thousand Dollars ($25,000.00) be appropriated to the Police Department Expense Account; same to be transferred from the Excess and Deficiency Account. C-78 Relative to the appropriation of $75,000.00 to the Police Department Overtime Account; same to be transferred from Police Department Salary and Wages Account. ORDERED: that the sum of Seventy Five Thousand Dollars ($75,000.00) be appropriated to the Police Department Overtime Account; same to be transferred from the Police Department Salary and Wages Account. Upon request of the FINANCE COMMITTEE, the following COMMUNICATION was given FURTHER TIME. Vt. 8/0. C-79 Relative to the appropriation of $325,000.00 to the Water Department Capital Outlay Expense Account; same to be transferred from the Sale of Real Estate Fund. Upon recommendation of the FINANCE COMMITTEE, the following COMMUNICATION was GRANTED and ORDERED. Vt. 8 “yeas.” C-80 Relative to the appropriation of $36,900.00 to the Highway Capital Outlay Expense Account; same to be transferred from the Excess and Deficiency Account. ORDERED: that the sum of Thirty Six Thousand Nine Hundred Dollars ($36,900.00) be appropriated to the Highway Capital Outlay Expense Account; same to be transferred from the Excess and Deficiency Account. RE: These funds are needed for the inspection of six dams. REGULAR MEETING OF THE CITY COUNCIL, FEBRUARY 12, 2007, continued Upon request of the FINANCE AND CITY PROPERTY COMMITTEES, the following COMMUNICATION was given FURTHER TIME. Vt. 8/0. C-81 Mayor Dean J. Mazzarella: Request the authority to borrow, if necessary, up to $534,200.00 for the purchase for open space and water supply protection purposes, 50+/- acres of land owned now or formerly by the Norman A. Nutting (Map 512, Lot 3 and Map 362, Lots 15 & 16) as shown on a plan of land to be recorded with the Worcester North Registry of Deeds; said property shall be dedicated in perpetuity to purposes stated in Article 97 of the Amendments to the Constitution of the Commonwealth of Massachusetts including the protection of water resources and shall be fully protected by all provisions of Article 97. Furthermore, this property shall be open to the general public for appropriate outdoor/recreational use while consistent with 310 CMR 22.00; that to meet this appropriation the Treasurer with the approval of the Mayor is authorized to borrow, up to $534,200.00 the receipt of any state and charitable grants and donations associated with this project will be deposited into the appropriate account; and that the Mayor is authorized to take any other action necessary to carry out these projects. Upon request of the PUBLIC SERVICE COMMITTEE, the following PETITION was given FURTHER TIME. Vt. 8/0. 46-07 National Grid: Install one solely owned pole on Abbott Avenue beginning at a point approximately 20 feet north of the centerline of the intersection of Lindell Avenue. Upon request of the LEGAL AFFAIRS COMMITTEE, the following PETITION was divided into two separate petitions. Vt. 8/0. 19-07 James S. Whitney: Accept and implement the provisions of Chapter 43D of the MGL as amended pursuant to Section 11 of Chapter 2005 of the acts of 2006, and to approve the filing of a formal proposal with the Interagency Permitting Board for the designation of the following land as a priority development site; Research Drive (Map 503 block 3 Lot 1), Research Drive (Map 499, Block 20), Research Drive (Map 503, Block 3, Lot 2), Research Drive (Map 503, Block 3, Lot 3), Willard Street (Map 503, Block 2) and Willard Street (Map 503, Block 10, Lot A) or take any other action in relation thereto. PETITIONS were GRANTED as AMENDED. Vt. 8 “yeas”. 19-07(A) Accept the provisions of Chapter 43D of the MGL as amended pursuant to Section 11 of Chapter 205 of the Acts of 2006. Upon recommendation of the LEGAL AFFAIRS COMMITTEE, the following PETITION was GRANTED as AMENDED. Vt. 6 “yeas” and 2 “nays”; Councillors Lanciani and Freda opposed. 19-07(B) Approve the filing of a formal proposal with the Interagency Permitting Board for the designation of the following land as a priority development site; Research Drive (Map 503 block 3 Lot 1), Research Drive (Map 499, Block 20), Research Drive (Map 503, Block 3, Lot 2), Research Drive (Map 503, Block 3, Lot 3), Willard Street (Map 503, Block 2) and Willard Street (Map 503, Block 10, Lot A) or take any other action in relation thereto and the provisions of MGL Chapter 43D shall not be utilized for any residential construction or development on the land described in this priority site application. Upon recommendation of the LEGAL AFFAIRS COMMITTEE , the following PETITION was AMENDED. Vt. 8 “yeas.” A Minority Report to GRANT was DENIED. Vt. 2 “yeas” and 6 “nays”; Councillors Rosa, Lanciani, Freda, Rowlands, Tocci and Salvatelli opposed. A Majority Report to give the PETITION LEAVE TO WITHDRAW was GRANTED. Vt. 6 “yeas” and 2 “nays”; Councillors Dombrowski and Marchand opposed. 39-07 James N. Cavaioli and ten registered voters: Amend Section 22-26, of the Leominster Zoning Ordinances entitled “Table of Uses” to allow an indoor training facility in an Industrial Zoned district in a building 15,000 square feet or less as a use allowed by right. Upon request of the LEGAL AFFAIRS COMMITTEE, the following PETITIONS were given FURTHER TIME. Vt. 7/0; Councillor Tocci abstained due to possible conflict of interest. 44-07 The Richmond Company: Grant a Special Permit to construct a new 15,000 square foot Walgreen’s Pharmacy Store with drive-up window and associated site improvements at 35 Central Street, as shown on Assessors Map 15 as lots 9, 9A, 10, 10A, 11, 21, 22 and 25, located within a floodplain. 47-07 Joy Chiurri: Grant a Special Permit to allow construction of a residential dwelling at 5 Ruth Street, as shown on Assessors Map 441 as lot 61A; a special permit is required for a residential use in an Industrial Zone and will comply with Residential B Zoning Requirements. (A hearing is scheduled for March 12, 2007 at 7:00 P.M.) REGULAR MEETING OF THE CITY COUNCIL, FEBRUARY 12, 2007, continued Upon request of the LEGAL AFFAIRS COMMITTEE, the following PETITIONS were given FURTHER TIME. Vt. 8/0. 48-07 James Whitney, on behalf of 557 Lancaster Street Realty Trust: Grant a Special Permit to use an existing building located at 557 Lancaster Street, located in an Industrial zone and shown on Assessor’s Map 443 as lot A3, for a dog grooming business. (A hearing is scheduled for March 12, 2007 at 7:15 P.M.) 49-07 James Lanciani, Jr.: Accept Chapter 99 of the Acts of 2005, which amends MGL Chapter 149 by adding Section 33E, Live Organ Donation: Leaves of Absence without loss of pay. Upon request of the LEGAL AFFAIRS AND WAYS & MEANS COMMITTEES, the following COMMUNICATION was given FURTHER TIME. Vt. 8/0. C-48 Dean J. Mazzarella, Mayor: Accept the Intermunicipal Agreement between the City of Leominster and the Town of Lancaster which outlines the terms and conditions of providing wastewater treatment services to the Town of Lancaster. Upon recommendation of the CITY PROPERTY COMMITTEE, the following PETITION was GRANTED. Vt. 8/0. 50-07 New England Farm Workers’ Council: Request permission to use the City Council Chambers to take Fuel Assistance applications on February 5th, 12th, 23rd, 26th, March 5th, 12th, 23rd, 26th, April 2nd, 9th, 19th and 26th. Upon request of the CITY PROPERTY COMMITTEE, the following PETITION was TABLED. Vt. 8/0. 51-07 Virginia Tocci and Richard Marchand: Request that the Mayor authorize and direct the Leominster Recreation Director and support staff to identify two to three acre parcel of city owned property in the open space inventory to be dedicated for a “Leisure Recreational Site” for dog owners with licensed dogs in the City of Leominster to utilize. Upon request of the CITY PROPERTY AND WAYS & MEANS COMMITTEES, the following PETITION was TABLED. Vt. 8/0. 52-07 John Dombrowski and Robert Salvatelli: Request that the Mayor enter into negotiations and discussions with Fitchburg State College or another similar college or university for the purpose of providing college courses at the newly constructed and renovated library. Upon request of the WAYS & MEANS COMMITTEE, the following PETITION was given FURTHER TIME. Vt. 8/0. 5-07 David Rowlands: Request that all new appointments to Boards and Commissions shall be residence of the City of Leominster. Upon recommendation of the WAYS & MEANS COMMITTEE, the following APPOINTMENT was CONFIRMED. Vt. 8 “yeas.” Emergency Management Communications Unit - William C. Voedisch, Jr. The following LOAN ORDER was given FURTHER TIME. Vt. 8 “yeas.” 1st Reading Loan Order – that the sum $534,200.00 be appropriated, if necessary, for the purchase for open space and water supply protection purposes, 50+/- acres of land owned now or formerly by the Norman A. Nutting (Map 512, Lot 3 and Map 362, Lots 15 & 16) as shown on a plan of land to be recorded with the Worcester North Registry of Deeds; said property shall be dedicated in perpetuity to purposes stated in Article 97 of the Amendments to the Constitution of the Commonwealth of Massachusetts including the protection of water resources and shall be fully protected by all provisions of Article 97. Furthermore, this property shall be open to the general public for appropriate outdoor/recreational use while consistent with 310 CMR 22.00; that to meet this appropriation the Treasurer with the approval of the Mayor is authorized to borrow, up to $534,200.00 the receipt of any state and charitable grants and donations associated with this project will be deposited into the appropriate account; and that the Mayor is authorized to take any other action necessary to carry out these projects. The following ORDINANCE was read once, adopted as presented and ordered published. A hearing was scheduled for February 26, 2007 at 7:30 P.M. Vt. 8 “yeas.” 1st Reading Ordinance – Amend Chapter 12, Section 12-1 of the Revised Ordinances entitled “Conditions of issuance of permits and licenses” by adding provisions (f) thru (i) and also amending Section 12-2 entitled “Fees – Schedule” by adding provision 7(b)(1) regarding the issuance of a license to store chemicals in solid, liquid or gaseous form. (Petitions 79-05 and 80-05) REGULAR MEETING OF THE CITY COUNCIL, FEBRUARY 12, 2007, continued The following ORDINANCE was read once, adopted as presented and ordered published. A hearing was scheduled for February 26, 2007 at 7:35 P.M. Vt. 7 “yeas” and 1 “nay”; Councillor Rosa was opposed. 1st Reading Ordinance – Amend Chapter 21, Section 21-11.1 of the Revised Ordinances entitled “Water User Rate Schedule” by deleting in its entirety and inserting in its place a new schedule effective January 1, 2007 increasing water rates for residential and industrial users within and outside the city. (Petition 36-07) Under New Business Councillor Salvatelli requested that the City Council meet with the Friends of Sholan Farms to let them give a report on their business plan. Councillor Salvatelli said that they have an outstanding business plan that they have submitted to the New England Group. Councillor Salvatelli said they have had a profit this year of $40,000.00 and there are a lot of things going on up there that should be recognized by the Council. Councillor Freda said Saturday night there was a 2007 Super Session Jam for the bands that was put together by David Letters. Councillor Freda read a letter from John DeCicco which stated that they had a profit of $4,313.00 and wanted to congratulate Mr. Hudson and all the student musicians who rocked the house. Councillor Freda said the High School band will be playing in Disney over the St. Patrick’s Day Weekend and the Rotary Clubs Breakfast of the Bands brought in $4,000.00 for the band. Councillor Freda said the Rotary Club has also set aside $2,000.00 for Emergency Heating Issues. Councillor Tocci asked if the Ways & Means Committee had the information requested during their subcommittee meeting relative to the Liquor Licenses. Councillor Salvatelli said the license on Joslin Street was denied. He said the owners of the property have asked about information regarding this license but have not reapplied. Councillor Salvatelli said there have been some issues with the Fire Department at that location. Councillor Salvatelli said the proposed restaurant at the Corner of Main and Mooreland Avenue did receive a license but the license was auctioned off without back taxes being considered in the auction, so that license is being tied up. Councillor Salvatelli said there was a question regarding absenteeism at I particular License Committee meeting, but said that night was an unusual situation and that they generally don’t have absences. Councillor Tocci asked if there is a law stating how many members should be on the License Commission. Councillor Marchand said that could be discussed in a subcommittee meeting. Councillor Freda said if anyone has any particular questions prior to the School Building Authority meeting, would they get them to her and she would forward to the appropriate person, Catherine Craigen. Councillor Marchand announced the following meetings: February 21, 2007 – Informational Meeting with the Mayor and his administrative staff regarding the Water System at 7:00 P.M. February 26, 2007 - Information Meeting with the Mayor regarding the Mayor’s 5 year Capital Outlay Program – 6:30 P.M. March 12, 2007 – Informational Meeting with Dr. Binkley and her staff regarding school matters – 6:30 P.M. Councillor Marchand said there was a neighborhood meeting in his ward this evening and wanted to apologize that he was not able to attend. MEETING ADJOURNED: 11:00 P.M. ________________________________________________ Lynn A Bouchard, City Clerk and Clerk of the City Council