City Council

HEARING BEFORE THE CITY COUNCIL, NOVEMBER 13, 2007 Hearing opened at 7:04 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. 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 Councillor Dombrowski said he was approached a while ago regarding the problem of these activities not being allowed in an Industrial Zone. He said it was mentioned by the Planning Board that athletic and training facilities were covered by the amusement definition but he said he didn’t feel it was prudent to expand on the definition for amusement parks. He said that is why he defined athletic training facility on its own and kept the same table of uses as currently existed in the zoning definitions. He said this is a way to allow some of these athletic training facilities to go into the older buildings by Special Permit. He said there has been some suggestions of amending the Table of Uses so these activities are not allow in Residential areas. He said he does not have any objection to making that amendment. Councillor Rowlands read the referrals from the Building Inspector, the Planning Director, the Conservation Commission, the Health Inspector and the Department of Public Works. He read a letter from Thomas McNamara of 346 Elm Street, Leominster: “As a disclosure, I am a real estate broker. I support the proposed amendment. However, I believe RC should be included in the table of uses as SPPB for the following reasons: a. There are 6 areas zoned RC. Several of these have the potential to support the kinds of activities proposed, e.g. 5.27 acres on Adams Street, the land on Litchfield Street that is already a soccer/softball field, properties on French Hill that could be used for these activities, and portions of Bart’s Farm on Central Street. b. This would be consistent with the table of uses allowing places of amusement, public, private, and commercial recreational activities. c. As with RA and RB, the Planning Board can determine if the use is compatible with the neighborhood.” Councillor Rowlands said there was discussion at the last meeting about potential amendments to this petition. He said the Council felt that it was advertised as is and we would conduct the hearing and get feedback from the public as it was advertised. The discussion at the last meeting was the use in the Residential zoning. Jim Cavioli, 15 Wilder Lane spoke of his experience trying to change the zoning on the start of this petition. He said as far as it being allowed in Residential areas, he is personally not for it. He said there is a need for something like this and hopes the Council will expedite the petition. No one from the audience spoke in opposition. Councillor Tocci said she signed onto this petition because she felt that the industrial component was important. It would be less per square foot for the business to get going rather than in Commercial or Business. She said she supports taking the Residential out of the picture and hoping that the author would do that tonight. Councillor Rowlands said he also supports the petition and said he has reservations on the Residential sections. Councillor Dombrowski said he doesn’t have a problem making the amendment during the discussion phase and just not have it allowed in Residential areas. Councillor Rowlands said all recommendations are not in and the hearing will have to be continued. Councillor Lanciani said he signed on to the original petition and supported the idea with Mr. Cavioli a year ago but unfortunately there were some stepping stones that got in the way. He said he supports it as presented but will also support the amendments and hopes they can get it moved along so it will be in place for spring. Councillor Marchand said this particular legislation was submitted on September 21, 2007. He said the clock is ticking and it is the same discussion that we had with the interested parties almost a year ago. He said the petitioner is trying to initiate his business plan by late fall or the early months of winter at the latest. Councillor Nickel said he was in support of this petition. He said he originally signed on having some reservations about the Residential potential but he now feels comfortable and looks forward to having this passed. He said he thought it would have been resolved in subcommittee this past week and encourages the Legal Affairs Committee to move forward at the next subcommittee meeting. He said we will have an amendment and we will have an additional hearing after the first reading of the ordinance. If you are ready to submit something tonight I am open to work with that tonight. Councillor Rowlands asked the City Clerk if it would it be better to close the hearing and have a new one or to continue this hearing as there’s a potential for an amendment. HEARING BEFORE THE CITY COUNCIL, NOVEMBER 13, 2007, continued The City Clerk suggested that the hearing be closed and once the Ordinance comes back from the City Solicitor we will schedule another hearing on the Ordinance. HEARING ADJOURNED AT 7:21 P.M. Lynn A. Bouchard, City Clerk and Clerk of the City Council HEARING BEFORE THE CITY COUNCIL, NOVEMBER 13, 2007 Hearing opened at 7:22 P.M. with Councillor Rowlands, Chair of the Legal Affairs Committee, presiding. All members were present. Present were Attorney Peter Campobasso, Carl Piermarini of Leominster Telecommunications Corp., and Paula LeBlanc the Co-Manager and Leasing Agent for Gateway Business Center. The following PETITION was the subject of the hearing. 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. Introduced and made part of the record were the following: A. Petition 28-08 submitted by Leominster Telecommunication Corp. for Gateway Business Center with accompanying sketches and plan entitled “Parking & Use Plan” located in Leominster, Massachusetts, owned by Gateway Business Center LLC, 435 Lancaster Street, Leominster, Massachusetts 01453. B. Copies of the public hearing notice published in the Sentinel & Enterprise on October 22, 2007 and October 31, 2007. C. Letters of recommendations from the Conservation Commission, Health Department, Planning Board, Director of Inspections, and the Department of Public Works. Attorney Peter Campobasso said they filed the petition to relocate the office and the studio for LATV to Lancaster Street in the Gateway Office Building. He said LATV is a non- profit corporation that was formed in 1999 as a result of the City’s cable contract with Comcast. Its primary purpose is to operate and manage a facility that will be used for the community and the access channels that the community receives from the contract with Comcast. It has been operating since September 1999 in the Manning Avenue building in downtown Leominster. He said because of the progress the studio has made it needs more space and the new location will accommodate LATV for two reasons. It will allow it to have office space that it needs as well as the studio space it needs. He said they have talked with the Building Inspector and there are two things in play. It is a non- profit corporation and he thinks that under Institutional Use it would be allowed to operate by right, however, because there is the television studio component it does fall under Business B which is not allowed in the Industrial Zone so he opined it was proper to come before the Council for a Special Permit. Attorney Campobasso said this Special Permit is to allow the use in a portion of the building that is otherwise not permitted. An office would be located on the third floor in approximately 2,000 square feet of space and the studio would be located on the second floor in a space approximately 1,300 square feet. The building itself has in the vicinity of 60,000 square feet of rentable space. There are other tenants in the building that are industrial businesses. As far as the building is concerned the use for the office space on the third floor is how it was intended and it’s not that this use would basically eliminate all the other uses but there might not be an available alternative for industrial use. He said the studio itself will not be more detrimental as the previous business which, he believes, was a plastic factory or a comb factory. Attorney Campobasso said they employ one full time employee and three part time employees. There are different members of the public that access the station at different times. Based on the way the studio has been operating, they probably wouldn’t need more than ten to twelve parking spaces at any given time. He said according to the parking plan that they have it shows approximately 200 spaces on site and there are different ways to access the property. Councillor Rowlands said he would like to see this building changed to mixed use in the future. He said that a Special Permit is exclusive to that use and size and any other proposed use or expansion requires another Special Permit. He said he wanted to make that very clear and that they have allocated the correct square footage for now and the future. He also said Site Plan approval from the Planning Board is not required unless the Council requires it or unless it triggers Site Plan regarding parking. Gino Gentile spoke in favor. He said his show is on Mr. Piermarini’s agenda and it is very important that he gets back to doing his show. No one spoke in opposition. HEARING BEFORE THE CITY COUNCIL, NOVEMBER 13, 2007, continued Councillor Tocci said she is a favorite of LATV and has missed it on television. She said the Manning Building location was very tight and she thinks the space at the Gateway Building will be very good and is in favor of the petition. Councillor Dombrowski said he agrees with Mr. Campobasso’s assertion that a large part of this is allowed by right. Councillor Lanciani said he wanted to make note of a letter sent from Cindy Bataitis to each of the Council members supporting this Special Permit. He said the space they are looking at suits their needs and supports the petition wholeheartedly. Councillor Freda said she is in support of this petition. The owners of the building are an incredible resource to the community. She said she is pleased with them and pleased with the building and thinks it is a perfect fit. The building has a lot of potential and the relocation of LATV to that building will be a great beginning to spurring the diversity in that building. Councillor Nickel said he supports this and agrees with the Ward 3 Councillor the statements made about the owner. Councillor Salvatelli asked if he was on a lease in Manning Building. Mr. Piermarini said yes he was but the lease expired and they were looking for a larger space. Councillor Salvatelli asked if they had a Board they needed to get approval from. Mr. Piermarini said yes. There is a five member Board of Directors. Councillor Marchand asked if the property owner or the manager was present. Paula LeBlanc, Co-Manager and Leasing Agent for Gateway Business came forward. Councillor Marchand said there is 1,300 square feet on the second floor under lease and an additional 2,000 square feet on the third floor and asked if this took up the entire floor or if it was a part of each floor. Ms. LeBlanc said it is a part of each floor. Councillor Marchand asked Mr. Piermarini if he had a buffer for his numbers or if he wants to increase the area applied for. He said we could increase the square footage if needed. Ms. LeBlanc said there is more than enough space to expand on both floors. Attorney Campobasso said LATV believes the current lease will adequately provide for the studio for the rest of its contract. Right now the contract runs to 2010 and next year the City will be renegotiating with Comcast to re-implement the contract. They feel that they will be in good shape for the future and there is no need to expand. Councillor Marchand said his concern is that if the Building Inspector shows up and they have to put in a handicap bathroom on the third floor and they have to utilize the bathroom 40 feet down the hall and that does not fall within the square footage of their perimeter there will be an issue with the Building Inspector. He said if you need space now would be the time to add it. Attorney Campobasso said the way it is set up it is more than adequate. Councillor Freda asked how the lease works. Mr. Piermarini said typically the lease is for ten years and we are in the process now to re-negotiate. He said we are hoping to renegotiate with Comcast before the Telecommunications Act kicks in and reduces the funding. Councillor Freda asked if Comcast would have to honor the lease if they had them in place. Mr. Piermarini said the way that it is written right now, yes. Councillor Rowlands said that this Special Permit meets all the requirements. He also said that the Planning Board is requesting a written statement regarding the number of allocated parking spaces for Leominster Telecommunications Corp, to be filed with both the Planning Department and City Council, for this use within the building at 435 Lancaster Street. HEARING ADJOURNED AT 7:30 P.M. Lynn A. Bouchard, City Clerk and Clerk of the City Council REGULAR MEETING OF THE CITY COUNCIL, NOVEMBER 13, 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 October 22, 2007 were examined and found to be in order. The records were accepted. A recess was called at 8:02 P.M. to continue the public forum. The meeting reconvened at 8:08 P.M. 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. 9 “yeas”. Council President Marchand said the regular meeting would reconvene at the conclusion of the Executive Session. The meeting reconvened at 8:30 P.M. The following COMMUNICATIONS were received, referred to the FINANCE COMMITTEE, and given REGULAR COURSE. C-49 Relative to the appropriation of $2,000.00 to the Sanitation and Drainage Account; same to be transferred from the Excess and Deficiency Account. C-50 Relative to the appropriation of $8,500.00 to the Doyle Field Expense Account; same to be transferred from the Excess and Deficiency Account. C-51 Relative to the appropriation of $2,250.00 to the Highway Regular Labor Account; same to be transferred from the Excess and Deficiency Account. C-52 Relative to the appropriation of $15,000.00 to the Weights and Measures Expense Account; same to be transferred from the Excess and Deficiency Account. C-53 Relative to the appropriation of $54,526.00 to the FY 2008 Worker’s Compensation Trust Fund Account; same to be transferred from the FY 2006 Worker’s Compensation Trust Fund Account. C-54 Relative to the appropriation of $2,900.00 to the Personnel Department Expense Account; same to be transferred from the Excess and Deficiency Account. C-55 Relative to the appropriation of $135,000.00 to the OPEB Contribution Expense Account; same to be transferred from the Excess and Deficiency Account. C-56 Relative to the appropriation of $90,000.00 to the OPEB Contribution Expense Account; same to be raised by Fiscal Year 2008 Revenue. C-57 Relative to the appropriation of $1,500.00 to the Mayor’s Office Expense Account; same to be transferred from the Excess and Deficiency Account. C-58 Relative to the appropriation of $40,000.00 to the Highway Capital Outlay Expense Account; same to be transferred from the Excess and Deficiency Account. C-59 Relative to the reduction of $100,000.00 to the FY 2008 Water Department Budget from the budget accounts listed below: Water Resource Assessment Expenses $ 20,000.00 Water Department Capital Outlay Expense 65,000.00 Water Department Expenses 15,000.00 The following COMMUNICATION was received, referred to the WAYS AND MEANS COMMITTEE, and given REGULAR COURSE. C-60 Relative to the appropriation of $39,500.00 to the C.D.B.G. Housing Rehabilitation Construction Expense Account; same to be transferred from the following: Administration Expense $9,500.00 Code Enforcement Expense 8,000.00 Economic Development Expense 15,000.00 Housing Rehabilitation Salary & Wages 7,000.00 The following PETITION was received, referred to the LEGAL AFFAIRS COMMITTEE, given REGULAR COURSE and referred to the Fire Department, the Police Department and the Department of Public Works. A hearing was scheduled for December 10, 2007 at 7:15 P.M. Vt. 9/0 REGULAR MEETING OF THE CITY COUNCIL, NOVEMBER 13, 2007, continued 40-08 Peter Kinsley, Schirmer Engineering Corp. for Leominster Properties, LLC: Request a license for the keeping, storing and sale of inflammable liquids at 250 New Lancaster Road. The following PETITION was received, referred to the LEGAL AFFAIRS COMMITTEE, given REGULAR COURSE and referred to the Department of Public Works and the Mayor. 41-08 Frank Montolio: Amend Chapter 21, Sections 13 (b) and 13 (h) of the Revised Ordinances entitles “Regulations For Water Use” to eliminate the responsibility for those who use City water to own, maintain, repair or replace, and pay for the cost of the service pipe, stopcock valve and any other fixtures that do not lie within the premises of the person using the water. The following PETITION was received, referred to the LEGAL AFFAIRS COMMITTEE, given REGULAR COURSE and referred to the Police Department. 42-08 Claire Freda: Designate two handicap parking spaces on Lancaster Street in front of St. Anna Rectory at pole #28 and St. Anna School at pole #29. The following PETITION was received, referred to the PUBLIC SAFETY & CITY PROPERTY COMMITTEES, given REGULAR COURSE and referred to the Fire Department and the Police Department. 43-08 Richard M. Marchand: Close off and secure Park Street to the West Street intersection and from lower West Street to School Street to accommodate the 15th Annual Johnny Appleseed Arts and Cultural Festival on Saturday, September 13, 2008, from 6:00 A.M. to 7:00 P.M. (Rain date September 20, 2008) and allow the use of the City Hall Parking lot and Monument Square Park. The following PETITION was received, referred to the CITY PROPERTY COMMITTEE, and given REGULAR COURSE. 44-08 Richard M. Marchand: Allow the use of the John Tata Auditorium on Saturday, September 13, 2008 from 6:30 P.M. to 10:30 P.M. to host the 2nd annual Johnny Appleseed Arts & Cultural Festival Musical Celebration. The following APPOINTMENTS were received, referred to the WAYS & MEANS COMMITTEE, and given REGULAR COURSE. Leominster Police Department –Police Officer, Lateral Transfer – Michael Hoag-Wing Leominster Police Department - Sergeant - Andrew J. Dupuis Leominster Police Department - Lieutenant - Michael D. Goldman Emergency Management – Carmelo Sanabria and Robert J. Ellis Upon request of the FINANCE COMMITTEE, the following COMMUNICATION was given FURTHER TIME. Vt. 9/0 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 COMMUNICATIONS were GRANTED and ORDERED. Vt. 9 “yeas” 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. ORDERED: - that the sum of Four Thousand Two Hundred Dollars ($4,200.00) be appropriated to the Recreation Capital Outlay Expense Account; same to be transferred from the Excess and Deficiency Account. RE: Two new computers, monitors, software licensing and configuration. Update of one existing computer. 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. ORDERED: - that the sum of Three Hundred Thousand Dollars ($300,000.00) be appropriated to the Debt Service Interest Expense Account; same to be transferred from the Excess and Deficiency Account. RE: Temporary borrowing of funds including interest on the BANS 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. REGULAR MEETING OF THE CITY COUNCIL, NOVEMBER 13, 2007, continued ORDERED: -that the sum of Three Thousand Dollars ($3,000.00) be appropriated to the Recreation Department Expense Account; same to be transferred from the Excess and Deficiency Account. RE: Bi-annual inspection of dam at Barrett Park 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. ORDERED: - that the sum of One Thousand Eight Hundred Dollars ($1,800.00) be appropriated to the Emergency Management Expense Account; same to be transferred from the Excess and Deficiency Account. RE: City’s portion of the light fixture upgrade for EMA building 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. ORDERED: - that the sum of Twenty Thousand Dollars ($20,000) be appropriated 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. ORDERED: - that the sum of Eleven Thousand One Hundred Eighty Five Dollars ($11,185.00) be appropriated to the Department of Public Works Salary and Wages Account; same to be transferred from the Excess and Deficiency Account. RE: Buy back vacation time for the Cemetery Department. Upon recommendation of the PUBLIC SERVICE COMMITTEE, the following PETITION was given LEAVE TO WITHDRAW. Vt. 9/0 25-08 David Fedeli: Expand my water usage from Leominster at the Tri-Town Drive In Theater on Youngs Road. Upon recommendation of the LEGAL AFFAIRS COMMITTEE, the following PETITION was AMENDED and given FURTHER TIME. Vt. 9 “yeas”. Amended to change the Table of Uses to reflect “N” under RRA, RAA and RB and to strike the words “and/or dance activities”. 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 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 N N N Upon recommendation of the LEGAL AFFAIRS COMMITTEE, the following PETITION was GRANTED with a condition. Vt. 9 “yeas”. Condition being that the applicant is to file a written statement regarding the number of allocated parking spaces for Leominster Telecommunications Corp, with both the Planning Department and City Council, for this use within the building at 435 Lancaster Street. 28-09 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 PETITIONS were given FURTHER TIME. Vt. 9 “yeas” 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. (Hearing scheduled November 26, 2007 at 7:00 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. . (Hearing scheduled November 26, 2007 at 7:15 P.M.) 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. . (Hearing scheduled November 26, 2007 at 7:30 P.M.) REGULAR MEETING OF THE CITY COUNCIL, NOVEMBER 13, 2007, continued Upon request of the PUBLIC SAFETY AND WAYS & MEANS COMMITTEES, the following COMMUNICATION was TABLED FOR STUDY. 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 TABLED FOR STUDY. 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 request of the CITY PROPERTY COMMITTEE, the following PETITION was given FURTHER TIME. Vt. 9/0 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. 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 request of the WAYS & MEANS COMMITTEE, the following PETITION was given FURTHER TIME. Vt. 7/2, Councillors Freda and Rosa opposed. 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. Upon recommendation of the WAYS & MEANS COMMITTEE, the following APPOINTMENTS were CONFIRMED. Vt. 9 “yeas” 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 Under Old Business, Councillor Rowlands, a member of the President’s Drinking Water Oversight Committee read the following from a letter that was sent to Mayor Mylott of Fitchburg with a copy to Mayor Mazzarella and the City Council from Robert Kimball, Environmental Engineer of the Department of Environmental Protection. “On February 3, 2004 the City of Fitchburg entered into an Administrative Consent Order to investigate and correct sources of pollution to Shay Brook a tributary to Notown Reservoir in Leominster. The City conducted dye testing on individual residences near Shay Brook. These investigations identified four illicit sanitary connections to the City’s separate storm drain systems which were subsequently eliminated. The City also repaired leaks found in six sewer manholes in the area to eliminate potential cross contamination to the storm drain system. Dry weather monitoring of Shay Brook conducted by Mass. DEP in August and September of 2007 showed no evidence of bacterial contamination to Notown Reservoir that could be contributed to illicit connections. Working in conjunction with the City of Leominster, Fitchburg conducted visual inspections in wet weather sampling of its confined storm drain system contributory to Pierce Pond. The City found no illicit connections to the storm drain system but subsequently separated a combined manhole in this area as precaution. The City investigation also revealed 80 foot section of twelve inch sewer pipe that experiencing differential settling. Although the City contends that this condition did not affect Pierce Pond it agreed to repair the sewer. In a recent communication with the department the City confirmed that this repair had been completed in December 2005. Throughout the course of work Fitchburg periodically met with the department staff and Leominster officials to discuss the progress in its investigation and to coordinate its future actions. These meetings helped to strengthen communication between these two communities. The department finds that Fitchburg has complied with the terms of the consent order and that no further action is required under this action. If you should have any questions please do not hesitate contact me or Cheryl Poirier. “ Councillor Rowlands said Shay Brook and its source of pollution has been identified and has been talked about for a long period of time. It is serious enough that a Consent Order was put forth for Fitchburg and they have made headway and that Consent Order has been completed. He said there was a comment made by the Mayor at the last water meeting where he stated that he had never REGULAR MEETING OF THE CITY COUNCIL, NOVEMBER 13, 2007, continued received the communication that stated anything other than only mere urban runoff existed at this place. He said this letter states differently and there is more than mere urban runoff, there has been illicit connections. He said Alan Benevides of Woodward and Curran gave him a copy of the City of Leominster, Massachusetts Water Quality Compliance Plan. This document was produced as part of the Consent Order of the City of Leominster. He said this is the best document he ever read regarding the City’s water and requested copies for the Council. He said the other document, which is required to be submitted to the DEP, is regarding our future compliance with stage 2 testing for TTHM’s. This document talks about where the sample points are going to be taken under the new regulations. The new regulations would normally be in effect for the City of Leominster’s size in 2013. The Consent Order has to be in compliance in 2011. Councillor Rowlands said the reason he called Mr. Benevides was because there has been a couple of letters to the Editor of the local bi-monthly newspapers. He said he has trouble reading updates via the Editor’s letter to the newspaper. The new point that was made was the transfer of water from the Fallbrook Distribution System into the Notown Distribution System. This information has never been shared with us. He said he was very curious about it. Mr. Benevides told him that Leominster is moving about a half a million gallons from Fallbrook Reservoir on a daily basis and will continue to do this until the spring. Councillor Rowlands asked Mr. Benevides if it was a capacity issue why they were doing this and he said no, we are taking it out of Fallbrook, which has low levels of TTHM’s, and blending it with high levels of TTHM’s from Notown. It is a way of reducing or blending TTHM’s. He said when the water refers back to Fallbrook they hope to find improvements to the TTHM levels. He said his point is that he should not be reading it in the paper and the Council deserves a better distribution of information than that. Councillor Lanciani said the water at Notown sets to long and that is why they are taking and shifting water. So you are getting fresher water pushing the stagnant water, water that is not moving along. He said that letter was sent to the Sentinel and Enterprise, the Leominster paper and the Telegram. No one else printed that letter. He said he thinks that they have not given the people when they come down here to explain something to us and opportunity to do that so that these things you might read in the newspaper or hear from talking to Alan. It is just like anything else. If we take the time and go to the person that is in charge of the particular department or what’s going on, we get more information. As it is now you have to go through the Mayors office. That is the way they want it, and that is fine but you can get a lot more by talking directly to the person and you get the opportunity to take and hear right from them what is taking place. He said personally he thinks the letter was something that was needed because what we are doing is creating an atmosphere that the City of Leominster’s water is not good and is causing problems. It is not. If there was anything wrong with Leominster’s water DEP would shut Leominster’s water supply down so fast you couldn’t blink your eyes. They would make you buy water or take it in from elsewhere. We couldn’t take and buy it from Wachusett Reservoir even though we have a contract with them because their water is fluorinated and we don’t put fluorinated water in the Leominster water system. So there is a lot there that we are not experts on that take place. We try to learn and keep up with it and he commends Councillor Rowlands for staying on top of it but we also have to give time to explain. They sent a request to DEP to take and do a pilot program. They finally have been given the okay and it didn’t take DEP as long as it usually takes. By 2013 we have to be in compliance. He said how you are explaining it shows that we are trying to take care of it before 2013, before 2010. We try to stay on top of it and I think we are doing a good job. A vote of 9/0 was taken to ask Mr. LaPointe, DPW Director to come for an open discussion with the entire Council regarding the drinking water issue giving us a general update at a date that would be at his convenience. Upon request of the PUBLIC SAFETY and WAYS & MEANS COMMITTEES the following RESOLUTION was TABLED FOR STUDY. Vt. 9 “yeas” RESOLUTION Whereas: the City of Leominster has conducted a space needs study to determine future space needs for the city’s police department; Whereas: the City of Leominster has investigated and researched renovating and expanding the current facility including demolishing the existing parking garage and purchasing abutting properties; Whereas: The City of Leominster has made it a priority to keep the new police facility assessable to all citizens and to locate the facility as close to the city’s downtown as possible and, the downtown businesses have realized a tremendous financial benefit by such public facilities as the court, library, city hall, fire department and the existing police facility; Whereas: the City has examined dozens of locations throughout the city but many of the sites were not satisfactory to police officials or were located within a floodplain; Whereas: the process is now focused on the possibility of using the former May A. Gallagher Junior High School. This former school building can meet the needs of a police facility and can be physically supported in that building which has more than enough space, is centrally located to all sectors of the city and the downtown area; Whereas: the City of Leominster has examined the possibility of constructing a new parking garage in the rear of Merriam Ave currently leased to the city for parking; Whereas: the construction or renovation of a police facility would need to be built using all local tax dollars and would receive no state or federal assistance; Whereas: construction of a new or renovated police facility requires many procedural steps, some which require votes by the legislative body of the City of Leominster which include the following: A. funding for design work; B. a vote to authorize the mayor and treasurer to borrow the necessary funds to construct the project; C. a vote to raise the necessary funding to pay for the project; and D. confirm the names of those appointed by the mayor to build such project; Whereas: each of the four necessary actions for building a project come at different times and, in some cases years apart, where taxpayer’s dollars and hundreds of hours of human resources will be spent on such a project; and We: the City Council, resolve to support all steps necessary to build a new or renovated police facility understanding fully that total figures for such a project can only be estimated at the time of this resolution, however estimates range from twelve (12) million to sixteen (16) million and either of the options would require an increase in the tax rate of approximately + or – 5%. REGULAR MEETING OF THE CITY COUNCIL, NOVEMBER 13, 2007, continued The following ORDINANCE was read once, adopted as presented and ordered published. A hearing was scheduled for November 26, 2007 at 6:55 P.M. Vt. 9 “yeas”. 1st Reading Ordinance – Amend Chapter 13, Section 13-7 of the Revised Ordinances entitled “One-way Streets” by inserting Wilder Avenue, from Central Street in an easterly direction only. MEETING ADJOURNED AT 10:10 P.M. _________________________ Lynn A. Bouchard City Clerk Clerk to the City Council