City Council

HEARING BEFORE THE CITY COUNCIL, December 10, 2007 Hearing opened at 7:40 P.M. with Councillor Rowlands, Chair of the Legal Affairs Committee presiding. All members were present. Present at the hearing were Peter Kinsley, Schirmer Engineering Corp., Fire Chief Pierce and Deputy Chief Ashton. The following PETITION was the subject of the hearing. 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. Councillor Rowlands read the recommendations from the Department of Public Works, the Police Department, and the Fire Department. The following letter from the Fire Department was read into the record: “The Leominster Fire Department approves the granting of a license to store flammable materials at the new Lowe’s facility. It is very important that the following be included as a condition upon the license document, as Lowe’s was allowed certain deviations from the State Building Code for their storage practices (for the better, more modern Code references applied), and to prevent an unsafe condition where some person could re-merchandise materials in such a way that the materials are no longer properly protected by the fire systems: That this facility shall submit a certification report annually to the head of the Fire Department, signed and sealed by a fire protection engineer registered in Massachusetts. The certification report shall state that the facility has been visited and reviewed without advance notice, that the existing fire protection systems are adequate and proper to protect the hazards present in the facility at the time of the site visit, based upon the original designs and any special approvals by the State Board of Building Regulations and Standards at the time of installation. The facility shall maintain and store, for the life of the facility, fire protection system construction documents and any special approval documentation on site, and shall make these documents available to the Chief of the Leominster Fire Department, the State Fire Marshal, the inspecting engineer as noted above or their designees. If such documents are not made available or are not obtainable, the owner of the facility shall engage fire protection engineering services to analyze and prepare new documents as if the systems were being installed new. All fire protection systems and equipment shall be maintained so as to be ready for operation at any time. No repair, alteration or shut down of any equipment is to be performed without a written permit from the Leominster Fire Department, Fire Prevention Bureau, who may require documentation for such work as they deem appropriate. Material Safety Data Sheets or like information shall be kept immediately available on the materials covered by this permit, for Leominster Fire Department use in case of emergency or accident.” HEARING BEFORE THE CITY COUNCIL, December 10, 2007, continued Mr. Kinsley said Schirmer Engineering Corporation is a fire protection consultant firm working in behalf of Lowe’s Home Centers. He said they have had several meetings with the Leominster Fire Department working with the Chief and the Deputy Chief to outline what information was necessary to present this license and what is required. He said the Chief told him about the new requirement for the license regarding an annual certification and he said they approve of this. Mr. Kinsley said the State Fire Marshal’s Office has been trying to get this idea across to all the fire departments within the State. He said their concern is that after the retail store opens the cities and towns lose leverage in trying to control what is going on within the building. He said the inspectors do not have the time to be there all the time to see what is going on so they are asking that once a year a professional engineer, who’s not an employee of Lowe’s, come in unannounced to see what the real world conditions are in that building. He said the independent engineer will then compare the information on the original condition of the store and what the design was and the intent of the operation was with current conditions. He said we are certainly in favor of that. Mr. Kinsley said Lowe’s will set aside the original design of the store, layout of the building and the capabilities of the water system and have them on file permanently so when the engineer needs to see them they will have them available. He said this license is required because the State Fire Code was revised in 2002 and they reduced the limit that a permit can cover for some of the quantities that are regulated by the State Fire Code, specifically the Class I Flammable Liquids and Class III Combustible Liquids. Some examples of these products for Class I-B are lacquer thinners, acetone, denatured alcohol, glues and cements. The Class I-C examples are clear finishes and Rust-All Stops Rust products. Class III-B is a combustible liquid and some examples are driveway sealers, latex paint and Pine-Sol. These are all retail products. Councillor Rowlands asked if they were stocked to the ceilings and ready for opening at 6:00 A.M. tomorrow morning. Mr. Kinsley said they are stocked to the 20 foot red line that the fire department made them put up. He said the fire department has had experience in the retail business and the big box stores and they know if you put a red marker 20 feet above the floor it will make their job easier to spot when the shelves might be stocked to high. Councillor Rowlands asked if the inspection was done by Chief Pierce. Chief Pierce said yes, there were a few punch list items but the items have been completed. Councillor Freda thanked Mr. Kinsley and she said he has had a lot of conversations with the Chief and thinks this is a great Fire Ordinance that we have in place. She said she was glad to hear Mr. Kinsley say it was a good situation for a community to have this new policy in place and there are attempts to have it in other areas. She said we are very concerned about the volatility of some of the products in the stores and the availability of our fire department able to go in and check randomly and ask questions is a safety issue for all of us. She said she understands that they have been cooperative and the Chief and Deputy Chief are satisfied. As the Ward Councillor for that area she is very satisfied as well. Mr. Kinsley said he believes the City of Leominster is on record as being the author and the first community to adopt this policy of having the once a year check by an engineer. The engineer’s job is to recertify and verify that the operations of the store are within the proper limits as put forward by the design of the fire protection and the capabilities of the fire protection. Councillor Lanciani said he has always been appreciative of the Chief and Deputy Chief’s responsibilities in fire prevention. He said he was pleased to hear Mr. Kinsley say that the twenty foot height limit was per the Fire Department’s request. Councillor Nickel said we all deserve credit as a Council for this new Ordinance. He said the original petition was put in by Councillor Freda and due to her work with the Fire Department we now have an Ordinance that will be a standard for the rest of the State. He said he understands there are some construction things that allowed some changes because of building a facility. Mr. Kinsley said yes, there was movement in 2007 to streamline the process that the State of Massachusetts goes through. He said up until this year anyone that was going to construct a building, such as a Lowe’s store, was forced to go for a hearing at the State level with their Board Of Appeals to get certain things approved as far as the fire protection aspect goes. He said the State came to realize that it would be in their best interest to keep coming before the same body of people to keep presenting the same information and asking for a variance. They used a store that was finished construction in Wareham as a test case before the Board of Appeals and there were seven issues that came up about fire protection and different commodities storage like we have in Leominster. If Leominster was a few months ahead, it would have been Leominster. He said we had to show how the Leominster store was similar to the store in Wareham so they could use the decisions that were put forward and avoid going for a variance and holding up the process. No one in the audience spoke in favor or in opposition of this petition. HEARING ADJOURNED AT 7:55 P.M. Lynn A. Bouchard, City Clerk and Clerk of the City Council REGULAR MEETING OF THE CITY COUNCIL, December10, 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 November 26, 2007 were examined and found to be in order. The records were accepted. A recess was called at 8:02 P.M. to hold a Public Forum. The meeting reconvened at 8:15 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 8:36 P.M. The following PETITION was received, referred to the LEGAL AFFAIRS COMMITTEE, given REGULAR COURSE and referred to the Planning Department, Building Inspector, Conservation Commission, Health Inspector, Department of Public Works and the Fire Department. A hearing was scheduled on January 14, 2008 at 7:15 P.M. Vt. 8/0, Councillor Dombrowski abstained due to a possible conflict of interest. 45-08 James L. Xarras, Union Square Realty Trust: Grant a Special Permit to use 70% of a vacant Industrial complex at 453-511 Lancaster Street located in an Industrial Zone and shown on Assessor’s Map 443A, Lots 1 and 6 for a Mixed Use Project. Upon recommendation of the FINANCE COMMITTEE, the following COMMUNICATIONS were GRANTED and ORDERED. Vt. 9 “yeas” C-61 Relative to the appropriation of $45,000.00 to the Municipal Buildings Capital Outlay Expense Account; same to be transferred from the Excess and Deficiency Account. ORDERED: - that the sum of Forty Five Thousand Dollars ($45,000.00) be appropriated to the Municipal  Buildings Capital Outlay Expense Account; same to be transferred from the Excess and Deficiency Account. RE: Design and construction of a new handicapped ramp located at the rear of the City Hall parking lot. C-62 Relative to the appropriation of $627,000.00 to the School Transportation Expense Account; same to be transferred from the Excess and Deficiency Account. ORDERED: - that the sum of Six Hundred Twenty Seven Thousand Dollars ($627,000.00) be appropriated to the School Transportation Expense Account; same to be transferred from the Excess and Deficiency Account. C-63 Relative to the appropriation of $262,000.00 to the School Department Capital Outlay Expense Account; same to be transferred from the Excess and Deficiency Account. ORDERED: - that the sum of Two Hundred Sixty Two Thousand Dollars ($262,000.00) be appropriated to the School Department Capital Outlay Expense Account; same to be transferred from the Excess and Deficiency Account. C-64 Relative to the appropriation of $1,500.00 to the Highway Expense Account; same to be transferred from the Emergency Reserve Account. ORDERED: - that the sum of One Thousand Five Hundred Dollars ($1,500.00) be appropriated to the Highway Expense Account; same to be transferred from the Emergency Reserve Account. RE: Follow up inspection on the Rockwell Pond Dam Upon recommendation of the FINANCE COMMITTEE, the following COMMUNICATION was GRANTED and ORDERED. Vt. 8 “yeas” and 1 “nay”; Councillor Dombrowski opposed. C-65 Relative to the appropriation of $1,800.00 to the Planning Department Expense Account; same to be transferred from the Emergency Reserve Account. ORDERED: - that the sum of One Thousand Eight Hundred Dollars ($1,800.00) be appropriated to the Planning Department Expense Account; same to be transferred from the Emergency Reserve Account. RE: Mileage expense for the Director of Planning. REGULAR MEETING OF THE CITY COUNCIL, December 10, 2007, continued Upon recommendation of the FINANCE COMMITTEE, the following COMMUNICATIONS were GRANTED and ORDERED. Vt. 9 “yeas” C-66 Relative to the appropriation of $50,000.00 to the Unemployment 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 the Unemployment Expense Account; same to be transferred from the Excess and Deficiency Account. C-67 Relative to the appropriation of $6,000.00 to the Emergency Management Expense Account; same to be transferred from the Excess and Deficiency Account. ORDERED: - that the sum of Six Thousand Dollars ($6,000.00) be appropriated to the Emergency Management Expense Account; same to be transferred from the Excess and Deficiency Account. RE: Replace equipment garage heaters at EMA building C-68 Relative to the appropriation of $50,000.00 to the Veteran’s Services 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 the Veteran’s Services Expense Account; same to be transferred from the Excess and Deficiency Account. RE: Veteran’s benefits Upon recommendation of the LEGAL AFFAIRS COMMITTEE, the following PETITION was AMENDED. Vt. 7 “yeas” and 2 “nays”; Councillors Freda and Nickel opposed. Amended by inserting SPPB under BA and striking “demonstrations,” and “, cheerleading and any accessory uses related thereto”. Upon recommendation of the LEGAL AFFAIRS COMMITTEE the following PETITION was GRANTED AS AMENDED. Vt. 8 “yeas” and 1 “nay”; Councillor Freda opposed. 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 N N N N N SPPB SPPB SPPB SPPB Upon recommendation of the LEGAL AFFAIRS COMMITTEE, the following PETITION was GRANTED. Vt. 9 “yeas” 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. Upon recommendation of the LEGAL AFFAIRS COMMITTEE, the following PETITION was AMENDED. Vt. 5 “yeas” and 4 “nays”; Councillors Freda, Dombrowski, Lanciani and Rosa opposed. Amended by inserting “for domestic water use” after “Regulations for Water Use” and inserting at the end “to begin July 1, 2008”. A recommendation to GRANT AS AMENDED was DENIED. Vt. 4 “yeas” and 5 “nays”; Councillors Nickel, Freda, Dombrowski, Lanciani and Rosa opposed. 41-08 Frank Montolio: Amend Chapter 21, Sections 13 (b) and 13 (h) of the Revised Ordinances entitles “Regulations For Water Use” for domestic 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 to begin July 1, 2008. Upon recommendation of the WAYS & MEANS COMMITTEE, the following APPOINTMENTS were CONFIRMED. Vt. 9 “yeas” Election Officers - Joseph Godin, Gail Duplease, Philena G. Richards, Carole L. Borja, and Julia M. Bessey. Councillor Nickel, Chairman of the President Drinking Water Oversight Committee said they have a meeting on December 6, 2007 at 6:30 with the Mayor, Pat LaPointe, Mr. Benevides and Mr. Brooks. He said he has received questions from the Ward One Councillor who is also on the Committee. He said Mr. LaPointe stated that new information would be coming in but some of it might not be available until January. However, we have already scheduled this meeting and we are going to keep to the schedule. Councillor Rowlands said he understands the Mayor’s issue of having communications going through the Mayor’s Office to avoid having nine people calling the department heads. If you want to put in a request to put up a sign, the request system works fine. You put in a request for an item, it gets resolved and you get a response back. Councillor Rowlands said to go back and forth regarding recommendations with the department heads does not work. He said we are not talking about nine people having to communicate but going through the Mayor’s Office to have this sort of dialog and discussion, that we just had on a REGULAR MEETING OF THE CITY COUNCIL, December 10, 2007, continued complicated issue, doesn’t work. When we receive the recommendations in writing it’s not done. There is a dialog that needs to happen and this system doesn’t allow for the dialogue. He said as we go into the new year we should work with the Mayor to come up with a modified version as all requests that come from the City Council are not the same. He said that some definitely belong with the request system but he thinks that Chairmen, who have a different form of communication, should be able to communicate a little more liberally. Councillor Rowlands said this would be in the best interest of the City and he is hopeful that they can work on this next year. Councillor Tocci said that as the Small Business and Economic Development Chair she wanted to let the Councillors know that Lisa Vallee has left the Mayor’s Office and is now the Economic Development Coordinator. She said she asked Lisa what her goals and objectives were and received a very nice letter. Her willingness to accommodate her with the letter proves to her she will be an asset in this position. Councillor Tocci read the letter. Dear Ms. Tocci, Today marks the first day of my new employment as the Economic Development Coordinator for the City of Leominster. I would like to outline for you some of my initial goals and objectives in this new role. • Prepare and maintain a site-ready listing of all business space currently available which details the following; itemization raw land and/or building by zoning category, current available infrastructure, and possible economic development opportunities by each site-ready location of raw land and/or buildings • Implement the site-ready listing into an on-line platform through the City’s web-site • Create a comprehensive listing of businesses searching for zoned sites that enable them to expand their capabilities within Leominster • Strong emphasis on priorities such as job creation and job retention as this position is funded through the CDBG Program and HUD. Job creation and job retention are the two most vital Economic Development components to HUD and therefore will be the categories I am responsible to report on to justify my position. • Continually entice businesses to establish themselves in Leominster and create adhesion between City contacts and business owners through productive business relationships. These are a few of my foremost efforts to begin my position within the Office of Planning and Development. I am invigorated by the opportunity to add value to my hometown. Under Old Business Councillor Rowlands said we allocated $75,000.00 for a Planning study and would like to know where we are. Councillor Rosa said he will look into it. Councillor Lanciani said he put a booklet and picture on everyone’s desk. Peter Lanza and his family have built an outdoor classroom. He said Mr. Lanza donated the money and bought the wood for the benches. A path was made to the brook so they can study the habitat that is there. The path leads to the Samoset Pond. He said the past Principle, the present Principle and Mr. Lanza should be noted. He said he will do his best to get some of the developers to help him with his expenses because he has other ideas. Councillor Lanciani gave credit to the new Planning Board Secretary and the new format for their minutes. The following ORDINANCE was read once and ADOPTED as presented and ordered published. A hearing was set for January 14, 2008 at 7:00 P.M. Vt. 9 “yeas” 1st Reading Ordinance – Amend Chapter 2, Section 2-4 of the Revised Ordinances entitled “Expenditures and Reports of Officers and Boards; Financial Year” requiring 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. Councillor Salvatelli said that Mr. Reddy’s suggestion that a copy of the Chapter 21 Ordinance that was adopted last year by the Council regarding a homeowner’s responsibility for water pipes should be printed and put in the water bills so the citizens will know. Councillor Marchand said it has been a great year for the City and wishes everyone a wonderful holiday season. He said as the Council President, it has been a great privilege and a pleasure to have served in this capacity. I also feel the need going into this new year for the new President to stand strong along with the Council and the Mayor to deal with the big issues that will be coming before us. He said within the next couple of weeks he will be asking the Mayor to meet with him to discuss the past year and he will discuss communication. He said he feels that they need to push forward the summit on the Police Station and to his knowledge that meeting has not been set up. He said he will ask the Mayor to take a positive approach in being able to sit down and do that. Councillor Marchand said we have millions of dollars of capital improvements that some of them are mandated and some are on a wish list and some we just need to do. He said Councillor Salvatelli made a comment about possibly packaging them all together instead of pinning one project against another. He said we should take a look at how we can move into this new century and take the care of some of the hundred year old projects that were new at one time but we need to move forward with. The City Clerk presented Council President Marchand a plaque in recognition of his year as Council President. MEETING ADJOURNED AT 10:30 P.M. _________________________ Lynn A. Bouchard,City Clerk Clerk to the City Council