City Council

HEARING BEFORE THE CITY COUNCIL, OCTOBER 22, 2007 Hearing opened at 7:00 P.M. with Councillor Rowlands, Chair of the Legal Affairs Committee presiding. All members were present. Present at the hearing was James Whitney, J. Whitney Development. The following PETITION was the subject of the hearing. 20-08 M. Quan, Inc.: Grant a Special Permit for a Mixed Use Project under 20 acres at 40 Spruce Street located in an Industrial Zone and shown on Assessor’s Map 21 as Lot 2, for a retail store. Introduced and made part of the record were the following: A. Petition 20-08 submitted by M. Quan, Inc. with accompanying plan prepared by Hannigan Engineering, 8 Monument Square, Leominster, Massachusetts, entitled “Repaving Plan in Leominster, Massachusetts dated September 4, 2007 and a brochure entitled “The Bay State Building, Multi-Tenant Industrial Building; a summary and sketches. B. Copies of the public hearing notice published in the Sentinel & Enterprise on October 1, 2007 and October 8, 2007. C. Letters of recommendations from the Conservation Commission, Health Inspector, Planning Board, Director of Inspections, Department of Public Works, and the Mayor. Councillor Rowlands read the recommendations into the record. A letter from Doris Gallant, 56 Laurel Street was read by Councillor Rowlands. To: The City of Leominster City Council, My name is Doris Gallant and I live at 56 Laurel Street in Leominster. I am in favor of the City Council approving this Special Permit for a mixed use business to be located at 40 Spruce Street, and I would encourage each Council member to look at the potential benefits this could bring to the neighborhood, community and the City of Leominster. As an approximate abutter I feel this could only improve the neighborhood, and it would be attractive to any potential businesses that might consider locating in this area of Leominster. I would ask the City Council to pass the Special Permit request with a unanimous vote. Respectfully submitted, Doris L. Gallant James Whitney, J. Whitney Development, 557 Lancaster Street was present and was representing the petitioner. Mr. Whitney said that he has an agreement to purchase the building. He said 70% of the building will be used as mixed use and it will be similar to 557 Lancaster Street. He said this will be an asset to the neighborhood to revitalize the building and clean up the area. Councillor Tocci asked Mr. Whitney if they have been before the Planning Board. Mr. Whitney said yes. Councillor Tocci asked if the Planning Board had any comments. Councillor Rowlands said just the one that he read. Mr. Whitney said he will go before the Planning Board for Site Plan approval. Councillor Dombrowski asked how long the building has been in its current state. Mr. Whitney said as long as he can remember they always had a warehousing type of use and an occasional tenant that did woodworking. There are tenants there now that build cabinets. He said there was a tenant that recently moved out that occupied a large amount of square footage. He said besides that the building always looked the way that is does now. The outside has never been maintained. Mr. Whitney said there are two out buildings that need new roofs which are a hazard the way they are now. Councillor Dombrowski asked if he had a schedule of his improvements that he will be making. Mr. Whitney said he will be going through the whole building. He said he will be replacing the windows; redo the paving and the parking lot and the roofs. He said he will be fixing it up like he did at Lancaster Street for various tenants. Councillor Dombrowski asked if he had potential tenants at this time. Mr. Whitney said yes. Councillor Lanciani said this is a great way of showing what Mixed Use can do for an industrial building in an industrial site and supports this 100%. He said he was at the Planning Board meeting and Mr. Whitney made known to the public that he was HEARING BEFORE THE CITY COUNCIL, OCTOBER 22, 2007, continued looking at purchasing the site. This shows we do have some developers within the community that want to take and push things along and get these properties back on a tax basis and that is going to be vital and utilized within the community. Councillor Nickel said in 1991 they were trying to come up with a plan for this building. He said when Mr. Whitney first contacted him about this building it was the greatest news. He said he feels that this project will be just as successful and other projects done by Mr. Whitney. He said he is 100% behind this. Councillor Salvatelli said he knows the property well. He said that area desperately needs help, particularly the two buildings in the back. It is a win win situation for everybody. I support this and this is one of the best projects he has seen in Leominster in a long time. He said it is going to stop crime and beautify the area. Councillor Marchand said he echoes those remarks as well. He asked who the last industrial tenant was. Mr. Whitney said Bay State Plastics. Councillor Marchand asked if he was putting on any additions. Mr. Whitney said he was staying within the footprint that is there. Most of the work will be done in the inside. No one in the audience spoke in favor or opposition. HEARING ADJOURNED AT 7:23 P.M. Lynn A. Bouchard, City Clerk and Clerk of the City Council HEARING BEFORE THE CITY COUNCIL, OCTOBER 22, 2007 Hearing opened at 7:23 P.M. with Councillor Rowlands, Chair of the Legal Affairs Committee presiding. All members were present. Present at the hearing was James Whitney, J. Whitney Development. The following PETITION was the subject of the hearing. 21-08 M. Quan, Inc.: Grant a Special Permit to repave an existing parking lot, driveway areas and to add drainage improvements at 40 Spruce Street located within the floodplain and shown on Assessor’s Map 21 as Lot 2. Introduced and made part of the record were the following: A. Petition 21-08 submitted by M. Quan, Inc. with accompanying plan prepared by Hannigan Engineering, 8 Monument Square, Leominster, Massachusetts, entitled “Repaving Plan in Leominster, Massachusetts dated September 4, 2007 and sketches. B. Notice of public hearing published in the Sentinel & Enterprise on October 1, 2007 and October 8, 2007. C. Positive letters of recommendations from the Health Inspector, Planning Board, Director of Inspections, Department of Public Works, and the Conservation Commission. James Whitney, J. Whitney Development, 557 Lancaster Street was present and representing the petitioner. He said he is before the Council for a Special Permit to do work within the flood plain. He said the Repaving Plan shows the 100 year flood area. He said if you have been by the property you can see the two top paved areas at one elevation and then it drops down to a lower elevation in the back where the property is in the flood plain. He said the drainage plan that came up with the Conservation Commission is very simple. There is one catch basin that is existing on the left hand side as you are looking from Spruce Street and the drainage swale that they are looking at is at the opposite end of the building. The water all drains down from the top parking lot and the right hand parking lot down to the bottom along the edge and into the Monoosnock Brook. The brook is right against the back of the property. He said he is going to put a drainage swale so sediment can be caught in the stone before it reaches the brook. This is considered a maintenance plan. Councillor Rowlands said the footprint is the same on the property so there is no loss of flood plain storage. Mr. Whitney said that is correct and if anything we will gain floodplain storage area. Councillor Dombrowski said he see nothing but 100% improvement to the property. Councillor Marchand said he agreed with Councillor Dombrowski. Councillor Lanciani said he is in support. HEARING BEFORE THE CITY COUNCIL, OCTOBER 22, 2007, continued Councillor Nickel asked if the swale in the back will be used for snow storage. Mr. Whitney said there is an area to the side of the block wall. Councillor Nickel asked if that would be enough to cover what you need. Mr. Whitney said yes that was the plan for making the swale so any of the salt that came from sanding would end up in that area. Councillor Nickel said he was in support. No one in the audience spoke in favor or in opposition. Councillor Rowlands read the recommendations into the record. HEARING ADJOURNED AT 7:32 P.M. Lynn A. Bouchard, City Clerk and Clerk of the City Council HEARING BEFORE THE CITY COUNCIL, OCTOBER 22, 2007 Hearing opened at 7:32 P.M. with Councillor Rowlands, Chair of the Legal Affairs Committee presiding. All members were present. Present at the hearing was Jamie Rheault, Whitman and Bingham Associates The following PETITION was the subject of the hearing. 22-08 David Barry: Grant a Special Permit for the demolition and reconstruction of an existing structure at 44 Pond Street located within the floodplain and shown on Assessor’s Map 7 as Lot 5. Introduced and made part of the record were the following: A. Petition 22-08 submitted by David Barry with accompanying plan prepared by Jamie Rheault, Registered Professional Engineer, Whitman & Bingham Associates, LLC, 510 Mechanic Street, Leominster, Massachusetts, entitled “Building Permit Plan in Leominster, Massachusetts prepared for Rockwell Roofing, dated August 7, 2007 and sketches. B. Notice of public hearing published in the Sentinel & Enterprise on October 1, 2007 and October 8, 2007. C. Positive letters of recommendations from the Health Inspector, Planning Board, Director of Inspections, Department of Public Works, and the Conservation Commission. Councillor Rowlands read the recommendations into the record. Jamie Rheault of Whitman and Bingham Associates presented the plan. He said the applicant has a successful business located at 44 Pond Street which is Rockwell Roofing. He said there are three separate buildings on this property that are connected to each other. Building #1 is proposed to be demolished and rebuilt within the same footprint. He said he spoke with the Building Inspector and went over the permitting process before he submitted the application. Mr. Cataldo outlined the permitting process as a Special Permit by the City Council, a variance with the Zoning Board of Appeals and an Order of Conditions from the Conservation Commission. He said they did receive an Order of Conditions from the Commission and a variance from the Zoning Board of Appeals. He said the reason he is before the Council is because the property is located in the flood plain. There is no net loss of flood plain volume displaced because of the project due to the existing structure being demolished and replaced within the same footprint and the same elevation. Councillor Rowlands asked Mr. Rheault to address the comment from the Conservation Commission that they are waiting for a revised plan showing the riverfront of the Monoosnoc Brook and buffer zone of Rockwell Pond. Mr. Rheault said the resource area that they were encroaching on was bordering land that was subject to flooding which is located in the 100 year flood plain. He said there are a couple of other buffer zones associated with other resource areas; the 100 foot buffer zone that is associated from Monoosnoc Brook, and the 100 foot inner and 200 foot outer riparian zone from Monoosnoc Brook. He said those areas will be shown on the final plan and submitted back to the Commission just for their files. Councillor Tocci asked if there are cellars to these buildings. HEARING BEFORE THE CITY COUNCIL, OCTOBER 22, 2007, continued Mr. Rheault said he doesn’t believe so. Councillor Tocci said it is very close to the water where the bridge is and asked if that was a problem. Mr. Rheault said no. He said once the building comes down they will take a look at the existing foundation and if that is not safe to build on we will probably excavate it out, pour a new foundation and build up. He said he envisions a four foot frost wall. Councillor Tocci said she knew there was a problem with flooding and the gate was not working for a while and water built up when the rains came. She wanted to make sure there wouldn’t be a problem working so close. Mr. Rheault said no there shouldn’t be. Councillor Dombrowski said he was in favor of this petition. Councillor Marchand asked how they were going to protect the integrity of the rear neighborhood during the demolition and reconstruction phase. Mr. Rheault said he doesn’t expect any impact to any neighboring property. He said when you demolish a building like this you have an excavator on site, a truck or dumpster on site and you are loading it right there and taking it off site. He said they do have to put hay bales and silt fencing and stone around catch basins. He said the Council could make it a condition to put hay bales along the rear chain link fence as an additional measure. Councillor Marchand asked if Mr. Rheault suggests that. Mr. Rheault said that would be fine. Councillor Marchand asked what the timeline was. Mr. Rheault the timeline for demolition is this fall and early winter. He said they want to get it down immediately and if weather permits we will pour the foundation and slab prior to winter and hopefully the building can proceed through the winter. Councillor Marchand asked if this would have any effect on the traffic flow on Pond Street. Mr. Rheault said he didn’t believe so. It is a gated property and everything will be taking place within the gate on that property. Councillor Lanciani said that business has been there for many years and he has not heard of one person come in to complain or speak of any problem there and they have a number of trucks there. He said Mr. Barry has taken pride in what he does. He has rehabbed the front portion that is closest to Pond Street, fixed up the offices and Councillor Lanciani said he sees this as someone in the community taking pride in the fact that he is able to remodel and reinvest in the community that he supports. He said he supports this 100%. Councillor Nickel said he is glad that we are dealing with local people who care about the area. He is in favor of this petition. Councillor Salvatelli asked if the closest house was owned by David Barry. Mr. Rheault said he was not sure. Councillor Salvatelli said he thought he did and there are only three houses in that area where the building is coming down. No one in the audience spoke in favor or in opposition. HEARING ADJOURNED AT 7:44 P.M. Lynn A. Bouchard, City Clerk and Clerk of the City Council REGULAR MEETING OF THE CITY COUNCIL, OCTOBER 22, 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 September 24, 2007 were examined and found to be in order. The records were accepted. A recess was called at 8:02 P.M. to allow the City Assessor Walter Poirier to speak. The meeting reconvened at 8:16 P.M. REGULAR MEETING OF THE CITY COUNCIL, OCTOBER 22, 2007, continued The following COMMUNICATIONS were received, referred to the FINANCE COMMITTEE, and given REGULAR COURSE. C-43 Relative to the appropriation of $4,200.00 to the Recreation Capital Outlay Expense Account; same to be transferred from the Excess and Deficiency Account. C-44 Relative to the appropriation of $300,000.00 to the Debt Service Interest Expense Account; same to be transferred from the Excess and Deficiency Account. C-45 Relative to the appropriation of $3,000.00 to the Recreation Department Expense Account; same to be transferred from the Excess and Deficiency Account. C-46 Relative to the appropriation of $1,800.00 to the Emergency Management Expense Account; same to be transferred from the Excess and Deficiency Account. C-47 Relative to the appropriation of $20,000.00 to the Conservation Commission Salary and Wages Account; same to be transferred from the Emergency Reserve Account. C-48 Relative to the appropriation of $11,185.00 to the Department of Public Works Salary & Wages Account; same to be transferred from the Excess and Deficiency Account. The following PETITION was received, referred to the CITY PROPERTY COMMITTEE, given REGULAR COURSE and referred to the Business Manager of the Water and Sewer Department, Department of Public Works, the Planning Board, the Water and Sewer Commission, the City Solicitor, and the Mayor. 38-08 Leominster Properties, LLC: Accept a parcel of land located at the southerly end of Lancaster Street, shown on a plan entitled “Plan of Land in Leominster, MA, prepared for Leominster Properties LLC”, as lot 2 for a municipal sewage pumping station. The following PETITION was received, referred to the WAYS & MEANS COMMITTEE, given REGULAR COURSE and referred to the Planning Board, the Conservation Commission, and the Building Inspector. 39-08 Stephen J. Mullaney: Adopt comprehensive, reasonably definite and carefully drafted rules of procedure for the proper sequence and methods of interaction by petitioners to the City Council with members of the City Council, with other city officials and with interested parties, effective prior to and during the processing of petitions to the City Council of any kind, so that petitioners may know in advance what is or may be required of them. The following APPOINTMENTS were received, referred to the WAYS & MEANS COMMITTEE, and given REGULAR COURSE. Leominster Cultural Council- David H. Laverdiere – Term to expire April 15, 2008 (To fill the unexpired term of Donna Chalifoux) Emergency Management-Claire M. Babineau, Laurie J. Babineau, Jeff D. Richard, Daniel D. Shertzer Upon request of the FINANCE COMMITTEE, the following COMMUNICATION was given FURTHER TIME. Vt. 9 “yeas” C-33 Relative to determining the factor to be used in setting the Fiscal Year 2008 tax rate. (Hearing scheduled for November 26, 2007 at 6:30 p.m.) Upon recommendation of the FINANCE COMMITTEE the following COMMUNICATION was GRANTED as AMENDED and ORDERED. Vt. 9 “yeas”. Amended from $240,000.00 to $10,600.00. C-34 Relative to the appropriation of $10,600.00 to the Municipal Buildings Capital Outlay Expense Account; same to be transferred from the Excess and Deficiency Account. ORDERED: - that the sum of Ten Thousand Six Hundred Dollars ($10,600.00) be appropriated to the Municipal Buildings Capital Outlay Expense Account; same to be transferred from the Excess and Deficiency Account RE: Repair and repainting of Kendall Hall and City Hall Cupolas. Upon recommendation of the FINANCE COMMITTEE, the following COMMUNICATIONS were GRANTED and ORDERED. Vt. 9 “yeas” C-35 Relative to the appropriation of $75,000.00 to the Assessor’s Capital Outlay Expense Account; same to be transferred from the Excess and Deficiency Account. ORDERED: - that the sum of Seventy Five Thousand Dollars ($75,000.00) be appropriated to the Assessor’s Capital Outlay Expense Account; same to be transferred from the Excess and Deficiency Account. RE: To proceed in establishing our GIS System. REGULAR MEETING OF THE CITY COUNCIL, OCTOBER 22, 2007, continued Upon recommendation of the FINANCE COMMITTEE, the following COMMUNICATION was GRANTED and ORDERED. Vt. 9 “yeas” C-36 Relative to the appropriation of $100,000.00 to the Assessor’s Revaluation Expense Account; same 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 Assessor’s Revaluation Expense Account; same to be transferred from the Excess and Deficiency Account. RE: Triennial Certification ($50,000.00) Measure & List Program ($50,000.00) Upon recommendation of the FINANCE COMMITTEE, the following COMMUNICATION was GRANTED and ORDERED. Vt. 8 “yeas” and 1 “nay”; Councillor Rowlands opposed. C-37 Relative to the appropriation of $3,800.00 to the Health Department Expense Account; same to be transferred from the Excess and Deficiency Account. ORDERED: - that the sum of Three Thousand Eight Hundred Dollars ($3,800.00) be appropriated to the Health Department Expense Account; same to be transferred from the Excess and Deficiency Account. RE: 2 computers with setup and software licenses Upon recommendation of the FINANCE COMMITTEE, the following COMMUNICATION was GRANTED and ORDERED. Vt. 9 “yeas” C-38 Relative to the appropriation of $11,500.00 to the Highway Expense Account; same to be transferred from the Excess and Deficiency Account. ORDERED: - that the sum of Eleven Thousand Five Hundred Dollars ($11,500.00) be appropriated to the Highway Expense Account; same to be transferred from the Excess and Deficiency Account. RE: Snowblower attachment ($5,300.00) and lawnmower ($6,200.00) Upon recommendation of the FINANCE COMMITTEE, the following COMMUNICATION was GRANTED and ORDERED. Vt. 9 “yeas” C-39 Relative to the appropriation of $50,000.00 to the Wire Department Capital Outlay Expense Account; same to be transferred from the Excess and Deficiency Account. ORDERED: - that the sum of Fifty Thousand Dollars ($50,000.00) be appropriated to Wire Department Capital Outlay Expense Account; same to be transferred from the Excess and Deficiency Account. RE: One ton vehicle with plow package and an electrical inventor Upon recommendation of the FINANCE COMMITTEE, the following COMMUNICATION was GRANTED and ORDERED. Vt. 8 “yeas”; Councillor Tocci abstained due to a possible conflict of interest. C-40 Relative to the appropriation of $62,000.00 to the Police Department Expense Account; same to be transferred from the Excess and Deficiency Account. ORDERED: - that the sum of Sixty Two Thousand Dollars ($62,000.00) be appropriated to the Police Department Expense Account; same to be transferred from the Excess and Deficiency Account. RE: Ammunition, AVL/GPS, Fingerprint Live Scan, Traffic Enforcement Equipment, Portable Radios Upon recommendation of the FINANCE COMMITTEE the following COMMUNICATION was GRANTED as AMENDED and ORDERED. Vt. 9 “yeas’. Amended from $20,000.00 to $13,000.00. C-41 Relative to the appropriation of $13,000.00 to the Highway Department Capital Outlay Expense Account; same to be transferred from the Excess and Deficiency Account. ORDERED: - that the sum Thirteen Thousand Dollars ($13,000.00) be appropriated to the Highway Department Capital Outlay Expense Account; same to be transferred from the Excess and Deficiency Account. RE: Pickup truck w/plow package for general foreman Upon request of the PUBLIC SERVICE COMMITTEE, the following PETITION was referred to the Mayor and given FURTHER TIME. Vt. 9/0 25-08 David Fedeli: Expand my water usage from Leominster at the Tri-Town Drive In Theater on Youngs Road. REGULAR MEETING OF THE CITY COUNCIL, OCTOBER 22, 2007, continued Upon recommendation of the LEGAL AFFAIRS COMMITTEE, the following PETITION was GRANTED. Vt. 9 “yeas’ 20-08 M. Quan, Inc.: Grant a Special Permit for a Mixed Use Project under 20 acres at 40 Spruce Street located in an Industrial Zone and shown on Assessor’s Map 21 as Lot 2, for a retail store. Upon recommendation of the LEGAL AFFAIRS COMMITTEE, the following PETITION was GRANTED with the CONDITION that Urban Storm Water Retrofit Practices be utilized and a detailed plan of “Proposed Drainage Trench” be provided.. Vt. 9 “yeas” 21-08 M. Quan, Inc.: Grant a Special Permit to repave an existing parking lot, driveway areas and to add drainage improvements at 40 Spruce Street located within the floodplain and shown on Assessor’s Map 21 as Lot 2. Upon recommendation of the LEGAL AFFAIRS COMMITTEE, the following PETITION was GRANTED with the CONDITION that additional hay bales be placed along the rear chain link fence. Vt. 9 “yeas” 22-08 David Barry: Grant a Special Permit for the demolition and reconstruction of an existing structure at 44 Pond Street located within the floodplain and shown on Assessor’s Map 7 as Lot 5. Upon request of the LEGAL AFFAIRS COMMITTEE, the following PETITION was TABLED. Vt. 9 “yeas” 23-08 Sergeant Michael Goldman: Amend the City of Leominster Ordinance entitled “No parking on Certain Streets” by deleting Kingman Drive (east side), from Granite Street southerly for a distance of one thousand one hundred fifty two feet and Kingman Drive (west side) and inserting in its place Kingman Drive both sides. Upon recommendation of the LEGAL AFFAIRS COMMITTEE, the following PETITION was GRANTED. Vt. 9/0 26-08 Wayne Nickel: Create a no parking zone on the easterly side of Whitney Street beginning at the corner of Whitney and Spruce and extending in a northeast direction to a point opposite National Grid pole #8. Upon request of the LEGAL AFFAIRS COMMITTEE, the following PETITION was given FURTHER TIME. Vt. 9 ”yeas” A hearing is scheduled for November 13, 2007 at 7:00 P.M. 27-08 John M. Dombrowski, James Lanciani. Jr., Virginia A. Tocci, Robert Salvatelli, Richard Marchand, David Rowlands, and Wayne Nickel: Amend Section 22-4 of the Leominster Zoning Ordinance to add the following definition. “Athletic Training Facility: an indoor and/or outdoor facility for training, practicing, competition, demonstrations, and games by individuals and/or teams involved in athletics, cheerleading, and/or dance activities and any accessory uses related thereto ”Also amend Section 22-26 (Table of Uses) as follows: Uses RRA RAA RB RC BA BB C I Athletic Training Facility SPPB SPPB SPPB N N SPPB SPPB SPPB Upon request of the LEGAL AFFAIRS COMMITTEE, the following PETITION was given FURTHER TIME. Vt. 9 ”yeas” A hearing is scheduled for November 13, 2007 at 7:15 P.M. 28-08 Carl Piermarini, Leominster Telecommunication Corp. for Gateway Business Center: Grant a Special Permit to use a portion of a building located in an Industrial Zone at 435 Lancaster Street and shown on Assessors Map 443 as lot 1 for a television broadcasting studio. Upon request of the LEGAL AFFAIRS COMMITTEE, the following PETITION was given FURTHER TIME. Vt. 9 ”yeas” A hearing is scheduled for November 26, 2007 at 7:00 P.M. 29-08 Patrick J. McCarty P.E., McCarty Engineering, Inc. for 155 Hamilton Street Realty Trust: Grant a Special Permit for excavation of property at 70-90 Lanides Lane located within the floodplain and shown on Assessor’s Map 229 as lot 1 for the purpose of creating compensatory flood storage volume for the benefit of land located at 156 Hamilton Street. Upon request of the LEGAL AFFAIRS COMMITTEE, the following PETITION was given FURTHER TIME. Vt. 9 ”yeas” A hearing is scheduled for November 26, 2007 at 7:15 P.M. 30-08 Patrick J. McCarty P.E., McCarty Engineering, Inc. for 155 Hamilton Street Realty Trust: Grant a Special Permit for excavation of property at 162 Hamilton Street located within the floodplain and shown on Assessor’s Map 238, as lot 1-1 for the purpose of creating compensatory flood storage volume for the benefit of land located at 156 Hamilton Street. Upon request of the LEGAL AFFAIRS COMMITTEE, the following PETITION was given FURTHER TIME. Vt. 9 ”yeas” A hearing is scheduled for November 26, 2007 at 7:30 P.M. REGULAR MEETING OF THE CITY COUNCIL, OCTOBER 22, 2007, continued 31-08 Patrick J. McCarty P.E., McCarty Engineering, Inc. for 155 Hamilton Street Realty Trust: Grant a Special Permit to construct a 6,000 square foot office and professional building with associated site improvements at 156 Hamilton Street shown on Assessor’s Map 238 as lots 1-2 located within the floodplain. . Upon request of the PUBLIC SAFETY and WAYS & MEANS COMMITTEES, the following COMMUNICATION was given FURTHER TIME. Vt. 9/0. C-42 Mayor Dean Mazzarella: Request adoption of a resolution to support all steps necessary to build a new or renovated police facility. Upon request of the CITY PROPERTY COMMITTEE, the following PETITION was given FURTHER TIME. Vt. 9/0 32-08 John M. Dombrowski et al.: Request the Mayor engage a private consultant to conduct a feasibility study to determine the costs, benefits and detriments of building a new police station at the Jungle Road property owned by the City of Leominster vs. remodeling the Gallagher Building on Church street to serve as a new or additional police facility vs. entering into a long term lease with an option to renew at a facility constructed by a private developer at Orchard Hill Park Drive. Upon recommendation of the CITY PROPERTY COMMITTEE the following PETITION was GRANTED. Vt. 9/0 33-08 New England Farm Workers’ Council: Request permission to use the Leominster City Council Chambers to take Fuel Assistance applications on October 24th, 31st, November 5th, 19th, 26th, 30th, December 3rd,17th, 20th, 2007 and January 3rd,7th, 17th, 25, 28th, 2008. Upon request of the WAYS & MEANS COMMITTEE the following PETITION was given FURTHER TIME. Vt. 9/0 34-08 John M.Dombrowski et al.: Request that the City Council require as a condition to any amounts appropriated by the City Council, an “Appropriation Expenditure Summary” form be completed by the appropriate City Department Head and submitted to the City Council. Upon recommendation of the WAYS & MEANS COMMITTEE the following PETITIONS were DENIED. Vt. 9/0 35-08 Andrew Namerow: Grant a Hawkers & Peddlers license to sell balloons and toys along the parade route at the Halloween Parade on Saturday, October 27, 2007. 36-08 Christopher Blain: Grant a Hawkers & Peddlers license to sell balloons and toys at the Halloween Parade on Saturday, October 27, 2007. 37-08 Roland Blain: Grant a Hawkers & Peddlers license to sell balloons and toys at the Halloween Parade on Saturday, October 27, 2007. Upon recommendation of the WAYS & MEANS COMMITTEE, the following APPOINTMENTS were CONFIRMED. Election Officers – Fleur Ange Bachand, John P. Bulger, Andrew F. Filieo, Maria Tineo, Dr. Joan Nowlin Thompson, Todd Rousseau Emergency Management Volunteers – Colin F. Sanabria, Alden C. Carpenter, Daniel P. Consalvo, David W. Poirier, Russell W. Valliere, Jr. Arline M. Stith, Christopher P. Brown, James A. Gazzano, Robert W. Ericson. Under Old Businesss, Councillor Nickel, Chairman of the President’s Drinking Water Oversight Committee, said he will be submitting the following questions to the City Clerk and asked that she send them to the Mayor. They are: 1) How much money have we spent so far on engineers for the consent order work and 2) what are the numbers on Shay Brook and when was the testing done. Councillor Rowlands said at the most recent Water Oversight Committee meeting they were told the water capacity was at 70%. He said that since then he received an email saying that as of September 27, 2007 we are at 60%. He read the following: “We are at 60% capacity with Nowtown at 58%, Fallbrook at 78%, Haynes at 40%, and Morse at 20% capacity. The total average for the system is 60% capacity. The southeast wells are at 75% capacity, the distributing system has taken the biggest hit this season. The new Scotta system has not let us utilize the wells more. We do not make adjustments in programming but still the wells were still not use to their potential. I will see where we are in the next couple of weeks with distributing. We might have to shut down and feed the system with the wells for a while.” Councillor Dombrowski said the Mayor indicated he was hoping to get an answer on the coagulants and asked Councillor Nickel if he can add it to the questions he is submitting to the Mayor. Councillor Nickel said the Morse Reservoir is low partly because of the drought but also from work being done due to the leak at the gate. It has been kept low because of this problem. REGULAR MEETING OF THE CITY COUNCIL, OCTOBER 22, 2007, continued Councillor Lanciani said we heard from Mass. Highway on petition 19-08 which was given leave to withdraw. He said Mr. Wazula’s letter said they have looked at the intersection of Beth Avenue and Central Street and the crosswalk pavement markings are in good condition and there is sufficient signage. Councillor Lanciani said there is no law in the City regarding BYOB. He said he would like a letter sent to the Liquor Commission asking what their thoughts are on this or what they are anticipating. He said there were petitions from the Mayor regarding more liquor licenses in the City of Leominster. He said he is hearing more and more complaints from businesses that are looking to come into the City but no liquor licenses are available. He said when the letter is sent maybe we can ask the Liquor Commission what they are doing or if they are looking into getting more licenses. Councillor Rosa said there was a question at the last meeting, and he has verified with the Treasurer David LaPlante, that the interest payments are charged back to the water and sewer accounts and no taxpayer monies are being used to subsidize the interest payments on water and sewer bans. Councillor Rosa said there was another question regarding the use of City funds to pave Orchard Hill Park Drive. He said he received correspondence from the Mayor saying that we did not use City money for that project. He said the portion not paid for by the PWED Grant was paid for by Gregg Lisciotti. He said he did talk with Pat LaPointe and there was City money used for traffic detail. Councillor Rosa said there was another concern C-3 regarding using the Sheraton by the Fire Department. He said he has made a point to send a message that there are other buildings within the City to use. Upon request from the WAYS & MEANS COMMITTEE, following RESOLUTION was given FURTHER TIME. Vt. 9/0 RESOLUTION-Supporting all necessary steps to build a new or removed police facility. Councillor Marchand read the following announcement of the Department of Agricultural Resources regarding their intent to acquire interest in 25 acres of land on Wachusett Street, shown on Assessor’s Map 360, as Lot 8. REGULAR MEETING OF THE CITY COUNCIL, OCTOBER 22, 2007, continued Councillor Rowlands 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. Committee reports as follows: 13-05 James L. Xarras and ten registered voters: Amend Article VII, Section 22-46 of the Leominster Zoning Ordinance by adding a sub-paragraph to section 22-46 paragraph 46.1 that would limit authorizing construction to a maximum of 60 units in a 24 month period in each development thereby prohibiting any one development from utilizing the entire 200 non-exempt. LEAVE TO WITHDRAW. Vt. 8/0; Councillor Dombrowski abstained due to a possible conflict of interest. 107-05 William L. Dinardo: Rezone 236 Lancaster Street to 270 Lancaster Street, shown on Assessors Map 177 as lots 10, 10a, 15a and 13 from Business A to Commercial. LEAVE TO WITHDRAW. Vt. 9/0 17-07 Claire Freda: Adopt Chapter 39, Section 23D of the Massachusetts General Laws as amended to help municipal boards avoid quorum problems by allowing board member of the Conservation Commission, Zoning Board of Appeals, Planning Board and Board of Health, who have missed one hearing, to catch up and rejoin the voting quorum by reading and listening to the record of the missed meeting. LEAVE TO WITHDRAW. Vt. 9/0 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”. LEAVE TO WITHDRAW. Vt. 9/0 105-07 Claire Freda: Request a truck exclusion on Willard Street from the intersection of Jytek Park to Casey Transportation, 341 Willard Street. LEAVE TO WITHDRAW. Vt. 9/0 Councillor Salvatelli, Chair of the WAYS & MEANS COMMITTEE moved that the following PETITION be removed from the table and placed on the calendar for action. It was so voted 9/0. Committee reports as follows: 115-07 Mary T. Jean: Establish an annual stipend for the elected School Committee members equal to forty percent of the annual salary of the Leominster City Council members to begin on January 9, 2008 and increase in accordance to the City Council salary increases. LEAVE TO WITHDRAW. Vt. 9/0 MEETING ADJOURNED AT 10:37 P.M. Lynn A. Bouchard, City Clerk and Clerk of the City Council