City Council

HEARING BEFORE THE CITY COUNCIL, APRIL 9, 2007 Hearing opened at 7:05 P.M. with Councillor Rowlands, Chair of the Legal Affairs Committee, presiding. All members were present except Councillor Tocci. The following PETITION was the subject of the hearing. 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. Introduced and made part of the record were the following: A. Petition #47-07 submitted by Joy Chiurri, 5 Ruth Street, Leominster, MA 01453, with accompanying plan prepared by James E. Rheault, Registered Professional Land Surveyor, Whitman & Bingham Associates, LLC, 510 Mechanic Street, Leominster, MA dated August 21, 2006. B. Notice of public hearing published in the Sentinel & Enterprise on February 19, 2007 and February 26, 2007. C. Letters of recommendation were received from the Planning Department, the Fire Department the Treasurer and the Building Inspector. D. A recommendation from the Police Department said that their main concern would be the proximity of the proposed residence to existing businesses and any potential for conflict involving noise from those nearby businesses. E. A recommendation from the Health Department expressed concerns about the crowding that this dwelling would create as well as traffic and the proximity to the wetlands. F. A recommendation from the Depatment of Public Works said they do not have a specific drainage plan for that lot so they did not comment in any detail. G. A recommendation from the Conservation Commission stated that they did not agree or disagree with matters of zoning but if wetlands are discovered they must file with the Conservation Commission. Councillor Rowlands said he wanted to read the zoning ordinance which applies to this Special Permit: “If one undeveloped lot is in a zoning district in which a desired, but non-permitted residential use is sought, and the lot is bordered by other lots which are predominately non-conforming residential uses, by Special Permit of the City Council a similar nonconforming residential use of that lot may be permitted, consistent with the zoning requirements for residential structures in the closest neighboring residential zoning district.” HEARING BEFORE THE CITY COUNCIL, APRIL 9, 2007, continued Councillor Rowlands said that Larry Gianakis, Acting Environmental Inspector, said there is a brook running in the back yard and depending on the location of the home, if within 100 feet of the brook, it would require filing with the Conservation Commission. Attorney George Watts and the applicant, Joy Chiurri, were present. Attorney Watts said they are seeking to get the necessary permits to construct a single family dwelling on Ruth Street, which is not a public way, in an area that is predominately, if not exclusively, used for residential purposes. He said there are some nearby business uses. Attorney Watts said the by law does say the City Council can grant a Special Permit for a residential, non-conforming use, in such an area. Attorney Watts said that his client has been working with Whitman & Bingham, Associates, and they have been working to get the necessary documents to bring this project through a sequential process. Attorney Watts said this is the second of three Boards that this project has to go through. He said they have already been to the Zoning Board of Appeals and a Variance was granted. Attorney Watts said if this Special Permit goes through, they will then have to go to the Planning Board for a Special Permit for a single family dwelling on an unaccepted street and they would address other concerns such as drainage. Attorney Watts said he feels that this particular proposed use does meet the requirements of the zoning by laws. He said Whitman and Bingham would delineate the wetland areas and depending on the proximately of the proposed construction, they will deal with the Conservation Commission. Joy Sousa, 12 Ruth Street, spoke in opposition. She said she has concerns with the drainage and plans for sewerage and wetlands. Ms. Sousa brought in pictures for the Council to look at. Councillor Rowlands said he toured the site and said it is basically all residential down that street. He said the only other thing is an auto body shop. He said there is a drainage issue on that street. Councillor Rowlands said he doesn’t know how much one house would have on the drainage and traffic issues. Councillor Rowlands said that we can put conditions on this Special Permit but also that they would have to get a Site Plan Approval from the Planning Department, which would address these issues. He said we could just reinforce that the applicant is aware of the floodplain issues and that they are on board with what the rulings are from the Conservation Commission and also to have the Department of Public Works look at the site plan. HEARING ADJOURNED at 7:18 P.M. Lynn A. Bouchard, City Clerk and Clerk of the City Council HEARING BEFORE THE CITY COUNCIL, APRIL 9, 2007 Hearing opened at 7:30 P.M. with Councillor Rowlands, Chair of the Legal Affairs Committee, presiding. This is a continuation of a public hearing that was held on March 26, 2007. All members were present. The following PETITION was the subject of the hearing. 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. Councillor Rowlands read the letter of recommendation from the Planning Board: Dear Lynn. The Planning Board held a regularly scheduled meeting on April 3, 2007. At that meeting the Planning Board members voted unanimously to request further time regarding City Council Petition #58-07, due to the following reasons: The Planning Board needs to create a more specific definition of a Day Spa and determine whether this use will be allowed with the granting of a Special Permit or Site Plan Approval. Lastly, the Planning Board needs to determine where a Day Spa should be placed in the use categories. If you have any question regarding this recommendation, please do not hesitate to contact me. Sincerely, Kate Griffin-Brooks Councillor Rowlands read the following from a recommendation from the Health Department: “The Health Department does not support this proposal to allow “Day Spas” to operate in Residential areas as a use that is “by right”. This use would allow conflicts with existing residential properties with noise, light, parking and traffic impacts. This use in residential areas should be considered only on an individual basis with a special review and permit required.” HEARING BEFORE THE CITY COUNCIL, APRIL 9, 2007, continued Councillor Rowlands read the following from the Director of Inspections recommendation: “Petition 58-07 to amend the City of Leominster Zoning Ordinances Section 22-26 “Table of Uses” to allow Day Spas in a Residence B district, as a use allowed by right. It would be my recommendation that the City Council deny the above-referenced petition. I would not recommend that the use be allowed by right. I believe that it would open up residential areas to a business-like atmosphere, which is not the intent of the current zoning.” Councillor Rowlands read the following from the Fire Departments recommendation: “This Department has no knowledge of the specifics of this petition other than the copy of the petition included with the Council’s inquiry. It is not clear whether these Day Spas would be allowed within homes, “by right.” This Department’s concern would be whether the utilities servicing the building where a day spa was proposed would be sufficient to operate the equipment without causing a fire hazard.” Councillor Rowlands said this is not just talking about a certain application; it would be changing the zoning law for the entire city. Frank Novak, Beth Novak, owner of the spa, and Deb Alario, manager, were present. Mr. Novak said they met with the Planning Board last week and it was their recommendation to review the definition of a Day Spa and where it would fit in the current zoning. He said they felt it would go under “Other Professional” category, and by saying that it is a notch above Beauticians and Tailors, so it would need its own category. Mr. Novak said the Planning Board is in the process of writing the definition of a Day Spa. He said unfortunately, when the zoning laws were created years ago, Day Spas were not around. He said this business has exploded within the last ten years within the Commonwealth. Mr. Novak said that the Planning Board wants to amend this petition to make it either by a Special Permit or Site Plan, which he agrees with. He said he didn’t realize the precedence they would be setting by making it a “use by right”. Mr. Novak said currently in the zoning laws it allows for Bed and Breakfast, Inns and Lodging Houses within Residential B District, yet there are none of those in the City of Leominster. He said they will be going back to the Planning Board in two weeks. No one in audience spoke in favor or opposition. Councillor Tocci asked if they already have a space that you are looking at to put the Day Spa. Mr. Novak said they do. Councillor Tocci asked if there is a reason that they did not go before the Zoning Board of Appeals. Mr. Novak said they were directed in this direction. Councillor Tocci asked if they are on a timeline and said this may not be a quick way to go. Mr. Novak said sooner is always better, but realistically, if we do it once right, we will live with the results. Councillor Rowlands said he didn’t think this would be able to go before the Zoning Board of Appeals because there is no definition in the zoning of a Day Spa. Councillor Tocci said she felt that a Day Spa would fall under “Beautician”, and thought that the process might go quicker going through the Zoning Board of Appeals. Councillor Rowlands said this petition is much more comprehensive to change the overall zoning. Councillor Dombrowski said he would like to hear what the Planning Board has to say. Councillor Lanciani said he was at the Planning Board meeting that Mr. Novak was at and said what the Planning Board is striving to do is to do it by either a Special Permit or a Site Plan Approval. Mr. Lanciani said that this is more of a “Wellness Spa” than a “Beautician”. Debbie Alario, Spa manager, said that she was at the Planning Board meeting and said one of the issues they were concerned about was the noise. Ms. Alario said that this is about tranquility and that it is a very quiet atmosphere. She said it is a wellness spa and wants to be a service for the community with helping people manage stress through meditation and yoga. She said there is a doctor on staff that does different healing modalities and some of the doctors in the area come to us and have had their clients come to us. Ms. Alario said this is more than just a beauty salon. Councillor Lanciani said the Planning Board does feel that they will have something in place at their next meeting to make a recommendation to the City Council. Councillor Dombrowski said if the Planning Board is going along the lines of a Special Permit or Site Plan Approval, he said maybe we should ask them to explore more than Residential B. Councillor Marchand said that the petitioners spoke to the neighbors and asked Mr. Novak what the response was. Mr. Novak said the response was overwhelmingly positive from all of the residential abutters on both sides. Councillor Marchand said this proposed Day Spa would be in the heart of a Residential B neighborhood. He said the neighborhood has had issues before and neighbors have been vibrant with their views on mixed use in that neighborhood, so for the petitioners to actually get the neighbors behind this project, that is a huge benchmark, and he said he is in favor of this project. HEARING BEFORE THE CITY COUNCIL, APRIL 9, 2007, continued Councillor Rowlands said he is going to ask the Planning Board to take a broader look at all the zoning districts, other than just Residential B, and he said he is also going to talk to the Building Inspector regarding two issues, one is this particular project and if there is any way you could go through the Zoning Board of Appeals, and also regarding changing the zoning laws to add “Day Spa”. HEARING CONTINUED to a date to be announced at 7:52 P.M. Lynn A. Bouchard, City Clerk and Clerk of the City Council HEARING BEFORE THE CITY COUNCIL, APRIL 9, 2007 Hearing opened at 7:53 P.M. with Councillor Rowlands, Chair of the Legal Affairs Committee, presiding. All members were present. The following PETITION was the subject of the hearing. Relative to amending Chapter 13 of the Revised Ordinances entitled “Motor Vehicles and Traffic” by inserting Section 13-86 entitled “Heavy Commercial Vehicles Excluded” to exclude heavy commercial vehicles on Harvard Street, between Stagecoach Road and Orchard Hill Park Drive; Stagecoach Road, between Harvard Street and Prospect Street and by further adding under Section 13-1 Commercial Vehicle and Heavy Commercial Vehicle. Councillor Rowlands said that because of the traffic study that was done and paid for by the developer, and the Mayor’s continual work, we were able to get this truck exclusion. Councillor Rowlands said he believes this is the only truck exclusion in the City of Leominster. He said truck exclusions are granted by Mass Highway and are not granted easily and they are a lot of work. Councillor Rowlands said he wanted to thank the Mayor, the developer who put up the money and the Planning Board who made sure the study was part of the project. Councillor Rosa said this has been years in the making. He said he remembers the people on Prospect Street and Harvard Street put a petition together about four years ago and wanted to thank those people for being vigilant and being patient. He said this shows that the City Council does pay attention to the petitions that come before them. Councillor Freda said she was glad to see so much work was done in Ward 1 with this petition and said she thinks it is going to be needed in more areas in the city. She wanted to thank the Ward 1 Councillor and everyone else who was involved for their diligence. Councillor Rowlands said one of the key things is that the Planning Board got the developer to pay for the study up front, as a condition of the project. He said in order to apply, you have to prove that you have more than 5% truck traffic and there are a lot of conditions that you have to have before Mass Highway will even look at it. No one in the audience spoke in favor or opposition. HEARING ADJOURNED at 7:56 P.M. Lynn A. Bouchard, City Clerk and Clerk of the City Council REGULAR MEETING OF THE CITY COUNCIL, APRIL 9, 2007 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 through March 26, 2007 were examined and found to be in order. The records were accepted. A recess was called at 8:01 P.M. to continue the public forum. Meeting reconvened at 8:08 P.M. REGULAR MEETING OF THE CITY COUNCIL, APRIL 9, 2007, continued. The following COMMUNICATIONS were received, referred to the FINANCE COMMITTEE and given REGULAR COURSE. C-115 Relative to the appropriation of $3,500.00 to the Forestry Salary and Wages Account; same to be transferred from the Collective Bargaining Expense Account. C-116 Relative to the appropriation of $3,000.00 to the Cemetery Overtime Account; same to be transferred from the Excess and Deficiency Account. C-117 Relative to the appropriation of $1,250.00 to the Cemetery Expense Account; same to be transferred from the Excess and Deficiency Account. C-118 Relative to the appropriation of $2,500.00 to the Cemetery Expense Account; same to be transferred from the Emergency Reserve Account. C-119 Relative to the appropriation of $2,500.00 to the Cemetery Expense Account; same to be transferred from the Cemetery Perpetual Care Income Trust Fund. C-120 Relative to the appropriation of $3,750.00 to the Cemetery Salary & Wages Account; same to be transferred from the Collective Bargaining Expense Account. C-121 Relative to the appropriation of $16,350.00 to the Highway Regular Labor Account; same to be transferred from the Collective Bargaining Expense Account. C-122 Relative to the appropriation of $12,500.00 to the Water Department Regular Labor Account; same to be transferred from the Water Department Support Services Expense Account. C-123 Relative to the appropriation of $3,250.00 to the Sewer Department Salary & Wages Account; same to be transferred from the Sewer Expense Account. The following COMMUNICATIONS were received under SUSPENSION OF THE RULES, referred to the FINANCE COMMITTEE and given REGULAR COURSE. Vt. 9 “yeas.” C-124 Relative to the appropriation of $20,000.00 to the Snow and Ice Expense Account; same to be transferred from the Excess and Deficiency Account. C-125 Relative to the appropriation of $12,000.00 to the Snow and Ice Overtime Account; same to be transferred from the Excess and Deficiency Account. 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. 70-07 Sharon Pelletier, et al: Accept Autumn Hill as a public street. The following PEITITON was received, referred to the LEGAL AFFAIRS COMMITTEE, given REGULAR COURSE and referred to the Police Department, the Fire Department and the Department of Public Works. 71-07 Sarah Johnson: Change the winter parking ban so it is only in effect when there may be snow. The following PETITIONS were received, referred to the WAYS & MEANS COMMITTEE, given REGULAR COURSE and referred to the License Commission. 72-07 Craig Long: Renew license for two pool tables at Jake’s Pub Inc., 1293 Main Street. 73-07 Aime Lemoine: Renew license for one pool table at Seven R’s, d/b/a A & R’s Double Inn, 166 Water Street. 74-07 Phillip McBain: Renew license for two pool tables at Captain’s Lounge, 1536 Main Street. 75-07 Kym LeBlanc: Renew license for one pool table at the Tankard, 13 Central Street. 76-07 Michael Sardellis: Renew license for two pool tables at Chris’ Twins Café, 488 Lancaster Street. The following PETITIONS were received, referred to the WAYS & MEANS COMMITTEE and given REGULAR COURSE. 77-07 Mark Gordon, Gordon Lasalle Music, Inc: Renew the second hand dealer’s license for the premises located at Twin City Plaza. 78-07 Mark & Robyn Ellis, Ellis Marine Supply Partnership: Renew the second hand dealer’s license for the premises located at 646 Central Street. REGULAR MEETING OF THE CITY COUNCIL, APRIL 9, 2007, continued. The following RE-APPOINTMENT was received, referred to the WAYS & MEANS COMMITTEE and given REGULAR COURSE. Conservation Commission – terms to expire April 15, 2010 Scott Buchanan, The following APPOINTMENT was received, referred to the WAYS & MEANS COMMITTEE and given REGULAR COURSE. Conservation Commission – term to expire April 15, 2010 Mary Charpentier Upon recommendation of the WAYS & MEANS COMMITTEE the following APPOINTMENTS were CONFIRMED. Vt. 9 “yeas.” Police Department – Perspective Police Officers – Anthony A. Cucchiara, Michael Kochanski and Vang P. Lee  Conservation Commission – Edward F. Cuddahy – term to expire April 15, 2009 (to fill the unexpired term of Louis DiRusso) Conservation Commission – Gregory Day – term to expire April 15, 2008 (to fill the unexpired term of Peter Lanza) Upon recommendation of a Majority vote of the FINANCE COMMITTEE, the following COMMUNICATION was TABLED. Vt. 6 “yeas” and 3 “nays”; Councillors Rowlands, Dombrowski and Lanciani opposed. A Minority Report to give Further Time was defeated. Vt. 3 “yeas” and 6 “nays”; Councillors Salvatelli, Tocci, Nickel, Freda, Rosa and Marchand opposed. C-94 Relative to the appropriation of $212,500.00 to the School Department Capital Outlay Expense Account; same to be transferred from the Excess and Deficiency Account. Upon recommendation of the FINANCE COMMITTEE the following COMMUNICATIONS were GRANTED and ORDERED. Vt. 9 “yeas.” C-104 Relative to the appropriation of $164,000.00 to the Doyle Field Capital Outlay Expense Account; same to be transferred from the Excess and Deficiency Account. ORDERED: that the sum of One Hundred Sixty Four Thousand Dollars ($164,000.00) be appropriated to the Doyle Field Capital Outlay Expense Account; same to be transferred from the Excess and Deficiency Account. C-105 Relative to the appropriation of $1,110.00 to the Recreation Department Salary and Wages Expense Account; same to be transferred from the Excess and Deficiency Account. ORDERED: that the sum of One Thousand One Hundred Ten Dollars ($1,110.00) be appropriated to the Recreation Department Salary and Wages Account; same to be transferred from the Excess and Deficiency Account. RE: These funds are requested to pay Roland LaPointe, Jr. the 3% retroactive pay given to non-union employees. C-106 Relative to the appropriation of $100,000.00 to the Snow and Ice Expense Account; sane to be transferred from the Excess and Deficiency Account. ORDERED: that the sum of One Hundred Thousand Dollars ($100,000.00) be appropriated to the Snow and Ice Expense Account; same to be transferred from the Excess and Deficiency Account. C-107 Relative to the appropriation of $20,000.00 to the Snow and Ice Overtime Account; same to be transferred from the Excess and Deficiency Account. ORDERED: that the sum of Twenty Thousand Dollars ($20,000.00) be appropriated to the Snow and Ice Overtime Account; same to be transferred from the Excess and Deficiency Account. C-108 Relative to the appropriation of $10,000.00 to the Sidewalk and Curbing 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 Sidewalk and Curbing Expense Account; same to be transferred from the Excess and Deficiency Account. REGULAR MEETING OF THE CITY COUNCIL, APRIL 9, 2007, continued. C-109 Relative to the appropriation of $3,500.00 to the Forestry Department Expense Account; same to be transferred from the Excess and Deficiency Account. ORDERED: that the sum of Three Thousand Five Hundred Dollars ($3,500.00) be appropriated to the Forestry Department Expense Account; same to be transferred from the Excess and Deficiency Account. RE: These funds are requested to purchase a 200 gallon sprayer for the Forestry Department. C-110 Relative to the appropriation of $18,000.00 to the Sanitation and Drainage Account; same to be transferred from the Excess and Deficiency Account. ORDERED: that the sum of Eighteen Thousand Dollars ($18,000.00) be appropriated to the Sanitation and Drainage Account; same to be transferred from the Excess and Deficiency Account. C-113 Dean J. Mazzarella, Mayor: Relative to the appropriation of $20,500.00 to the Library Expense Account; same to be transferred from the Library Salary and Wages Account. ORDERED: that the sum of Twenty Thousand Five Hundred Dollars ($20,500.00) be appropriated to the Library Expense Account; same to be transferred from the Library Salary and Wages Account. Upon recommendation of the LEGAL AFFAIRS COMMITTEE the following PETITION was GRANTED. Vt. 9 “yeas.” 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. Upon recommendation of a Majority vote of the LEGAL AFFAIRS COMMITTEE the following PETITION was GRANTED with the condition that pumps must operate as “Pay First”. Vt. 6 “yeas” and 2 “nays”; Councillors Tocci and Freda opposed. A Minority Report to Deny was defeated. Vt. 2”yeas” and 6 “nays”; Councillors Salvatelli, Nickel, Rowlands, Rosa, Lanciani and Marchand opposed. Councillor Dombrowski abstained due to possible conflict of interest. 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. Upon request of the LEGAL AFFAIRS COMMITTEE the following PETITION was TABLED. Vt. 9/0. 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. Upon recommendation of the LEGAL AFFAIRS COMMITTEE the following PETITION was GRANTED. Vt. 9/0. 68-07 Wayne A. Nickel: Place a “Stop” sign on Gordon Avenue at the corner of Eighth Street. Upon recommendation of the WAYS & MEANS COMMITTEE the following COMMUNICATION was GRANTED as amended and ORDERED. Vt. 9 “yeas.” Amended to change Item #1 from $67,451.00 to $71,867.00 and Item #3 from $195,140.00 to $190,724.00 Councillor Freda abstained on Item #8, Councillor Lanciani abstained on Item #18, Councillor Nickel abstained on Item #17. Upon reconsideration of the vote to allow Councillor Tocci to abstain from Item #3, Communication was GRANTED and ORDERED. Vt. 9 “yeas.” C-111 Relative to the appropriation of $525,524.00 to the following accounts for the Year 33 Community Development Block Grant.(Ways & Means) 1. Board of Health – Code Enforcement $ 71,867.00 2. Office of Planning & Development – Economic Development Program 58,000.00 3. Office of Planning & Development – Housing 190,724.00 Rehabilitation Program (Includes $10,000 for Elder Rehab Services) 4. Office of Planning & Development – Planning & Administration 105,105.00 5. Leominster Department of Public Works – Mill Street, core sidewalk area project 21,000.00 6. Battered Women’s Resources, Inc. – Second Chance Program 4,800.00 7. Brady’s Educational Services – Equal Access to SAT1/MCAS Prep 1,378.00 8. Beacon of Hope – Respite Services 10,500.00 9. Boys and Girls Club – North Central Mass. 3,000.00 10. Leominster Mayor’s Office – Energy Assistance Program 4,000.00 11. Leominster Mayor’s Office – Summer Youth Program 12,500.00 REGULAR MEETING OF THE CITY COUNCIL, APRIL 9, 2007, continued. 12. Leominster Mayor’s Office – State Pool Fee Assistance 1,250.00 13. Leominster Housing Authority – Allencrest Learning Center 1,400.00 14. Leominster Housing Authority – Stop Homelessness 4,900.00 15. Leominster Recreation Department – Summer Financial Assistance 700.00 16. Montachusett Addiction Council – Substance Abuse Center 2,700.00 17. Montachusett Interfaith Hospitality Network- Interfaith Network 10,000.00 18. Montachusett Opportunity Council – Hmong Liason Program 3,600.00 19. Multi Service Center – for Your Health 5,000.00 20. Multi Service Center – Project Youth 1,100.00 21. Spanish American Center – Community Outreach Worker (information and referral) 4,000.00 22. Spanish American Center – Verano Alegre/ Included in Summer Fund above total  23. Veterans Hospice Homestead – Hero Homestead 8,000.00 ORDERED: that the sum of Five Hundred Twenty Five Thousand Five Hundred Twenty Four Dollars ($525,524.00) be appropriated to the following accounts for the Year 33 Community Development Block Grant. 1. Board of Health – Code Enforcement $ 71,867.00 2. Office of Planning & Development – Economic Development Program 58,000.00 3. Office of Planning & Development – Housing 190,724.00 Rehabilitation Program (Includes $10,000 for Elder Rehab Services) 4. Office of Planning & Development – Planning & Administration 105,105.00 5. Leominster Department of Public Works – Mill Street, core sidewalk area project 21,000.00 6. Battered Women’s Resources, Inc. – Second Chance Program 4,800.00 7. Brady’s Educational Services – Equal Access to SAT1/MCAS Prep 1,378.00 8. Beacon of Hope – Respite Services 10,500.00 9. Boys and Girls Club – North Central Mass. 3,000.00 10. Leominster Mayor’s Office – Energy Assistance Program 4,000.00 11. Leominster Mayor’s Office – Summer Youth Program 12,500.00 12. Leominster Mayor’s Office – State Pool Fee Assistance 1,250.00 13. Leominster Housing Authority – Allencrest Learning Center 1,400.00 14. Leominster Housing Authority – Stop Homelessness 4,900.00 15. Leominster Recreation Department – Summer Financial Assistance 700.00 16. Montachusett Addiction Council – Substance Abuse Center 2,700.00 17. Montachusett Interfaith Hospitality Network- Interfaith Network 10,000.00 18. Montachusett Opportunity Council – Hmong Liason Program 3,600.00 19. Multi Service Center – for Your Health 5,000.00 20. Multi Service Center – Project Youth 1,100.00 21. Spanish American Center – Community Outreach Worker (information and referral) 4,000.00 22. Spanish American Center – Verano Alegre/ Included in Summer Fund above total 23. Veterans Hospice Homestead – Hero Homestead 8,000.00 Upon recommendation of the WAYS & MEANS COMMITTEE the following COMMUNICATION was GRANTED. Vt. 9 “yeas.” C-114 Elizabeth A. Irvine, Administrative Assistant, Mayor’s Office: Request that Stacia Venturi be exempt from the provisions in M.G.L. Chapter 268A (20B) Conflict of Interest as she is currently employed by the City of Leominster’s Building Department and will be taking the position as secretary with the License Commission. REGULAR MEETING OF THE CITY COUNCIL, APRIL 9, 2007, continued. Upon recommendation of the WAYS & MEANS COMMITTEE the following PETITION was GRANTED. Vt. 9/0. 69-07 Fred R. Tousignant: Renew the second-hand dealers license for the premises located at 92 Pleasant Street. Upon recommendation of the COMMITTEE ON SCHOOLS the following COMMUNICATION was GRANTED. Vt. 9/0. C-112 Dean J. Mazzarella, Mayor: Request the establishment of a scholarship fund in the name of Angelo A. Picucci. The following ORDINANCE was read a second time, adopted as presented and passed to be ordained. Vt. 9 “yeas.” THE CITY OF LEOMINSTER In the year two thousand seven AN ORDINANCE  Amending Chapter 13 of the Revised Ordinances entitled “Motor Vehicles and Traffic.” Be it ordained by the City Council of the City of Leominster, as follows: Chapter 13 of the Revised Ordinances entitled “Motor Vehicles and Traffic” is hereby amended by inserting the following new section: Sec. 13-86 Heavy Commercial Vehicles Excluded The use and operation of heavy commercial vehicles having a carrying capacity of more than two and one-half (2 ½ ) tons, is hereby excluded on the following named streets or parts thereof: Harvard Street, between Stagecoach Road and Orchard Hill Park Drive Stagecoach Road, between Harvard Street and Prospect Street Exemptions – This section shall not apply to heavy commercial vehicles going to or coming from locations upon said streets for the purpose of making deliveries of goods, materials or merchandise to or similar collections from abutting land or buildings or adjoining streets or ways to which access cannot otherwise be gained; or to vehicles used in connection with the construction, maintenance or repair of said streets or public utilities therin; or to Federal, State, Municipal or Public Service Corporation owned vehicles. The provisions of this section shall apply only when sufficient standard signs have been erected. And Chapter 13 is further amended by adding the following under Section 13-1, in alphabetical order: Vehicle, Commercial. Any vehicle being used in the transportation of goods, wares, or any merchandise for commercial purposes. Vehicle, Heavy Commercial. Any commercial vehicle of two and one-half (2 ½ ) tons capacity or over. _________________________________________________________________________ Under Old Business Councillor Freda asked about the letter from Kopelman & Paige regarding the residency requirements. Councillor Rowlands said the next Legal Affairs Subcommittee meeting will be on May 9, 2007 at 6:30 P.M. and this will be discussed at that time. Councillor Marchand said there will be a Finance Subcommittee meeting on April 18, 2007 at 7:30 P.M. and they will try to set up a site visit at Southeast School for 6:30 P.M. that same night. The following is a report of the President’s Drinking Water Oversight Committee: Councillor Nickel is setting up a meeting tentatively for Wednesday, May 2, 2007 at 6:30 P.M. and will be discussing the list of conditions that the city has to meet as part of the agreement with the state. Councillor Nickel said he would like to request that the Mayor, Roger Brooks and Patrick LaPointe from the Department of Public Works, Kelley Freda from the Conservation Commission, Mr. O’Brien from the Trustees of Reservation, Mr. Angelini from the Leominster Land Trust and a representative from Violia Water attend the meeting. Councillor Nickel said they would also discuss the concerns about the sewerage that was done on the Nashua River. REGULAR MEETING OF THE CITY COUNCIL, APRIL 9, 2007, continued. Councillor Marchand said he will be out of town that evening and apologizes that he won’t be able to attend. Councillor Marchand said they should focus on the questions ahead of time. He said he doesn’t want to see it be a cross fire between agencies and Violia Water. Councillor Marchand suggested that the Councillors prepare their questions and give them to the Clerk ahead of time. Councillor Nickel said he is going to try to get the meeting televised. Under New Business Councillor Freda said that there are some good things happening at Southeast School. She said that Hewlett Packard will be at the school on Friday, and that they are donating computers to the classes. Councillor Freda said Paul Schwab, a teacher at Southeast, got the kids involved with Hewlett Packard and connected to people who are running the Marathon. The kids were emailing the Marathon runners with the computers. They have invited the kids to the Marathon in the courtesy tent to meet some of the pen pals that they were connected with. Councillor Freda said she just wanted to recognize Mr. Schwab for his participation. Councillor Rowlands, 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 8/0. Councillor Tocci abstained due to possible conflict of interest. Committee reports as follows: 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. GRANTED Vt. 8 “yeas”; Councillor Tocci abstained due to possible conflict of interest. Councillor Marchand said the following are upcoming meetings and events: April 11, 2007 Special School Committee meeting at L.H.S. regarding the redistricting vote @ 5:00 P.M. April 14, 2007 Babe Ruth Opening Day – 9:00 A.M. April 18, 2007 Finance Subcommittee Meeting – 7:30 P.M. April 22, 2007 National Little League Opening Day – 12:00 P.M. April 28, 2007 City Wide City Pride April 29, 2007 Lassie League Opening Day MEETING ADJOURNED: 10:15 P.M. ________________________________________________ Lynn A Bouchard, City Clerk and Clerk of the City Council