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City Council

Regular Meeting

Leominster, MA · March 10, 2014

AgendaMinutes

Minutes

HEARING BEFORE THE CITY COUNCIL, MARCH 10, 2014 Hearing opened at 6:57 P.M. with Councillor Dombrowski , Chair of the LEGAL AFFAIRS COMMITTEE, presiding. All members were present. Present at the hearing was Carol Vittorioso, Vice Chairperson of the Planning Board. The following PETITION was the subject of the hearing: 34-14 Leominster Planning Board: Change the zoning ordinance to correct Section 22-25 Commercial District as follows: 1. Remove the text for “Adult Entertainment” and replace it with the “Commercial District” text from the old zoning ordinance (Section 22-23) with one exception: ** Change 23.2.3 to read: Mobile Home Parks and Trailer Parks require a Special Permit and Site Plan approval from the Planning Board. 2. Add the entire “Adult Entertainment Ordinance” as written in Section 22-25 of the old zoning ordinance back into the new zoning ordinance as Article XVII 3. Add Adult Entertainment to the Table of Contents Councillor Dombrowski said the City Council recently redid the entire Zoning Ordinance and there was a Zoning Committee responsible for a lot of the drafting. Councillor Bodanza, as an independent, assisted in the process. He said there was some discussion that perhaps the contents or the intent of this petition is covered by the new zoning. Ms. Vittorioso said this petition was generated by John Souza. She said his concern was just the way it was set up under Section 22-25 under the new current Ordinance under commercial district. Mr. Souza felt it was a little confusing that there was a general purpose under 25.1.1 and then a more specific purpose for the adult entertainment establishment. Under general provisions it refers to the adult entertainment then it goes into allowed uses and then goes back to adult entertainment. As you have it for sections involving wind energy facilities, accessory apartments, wireless communication facilities, I think the Planning Board was looking to make that a separate section. Under the old Ordinance it was squeezed in under Use Regulations which is probably the best place for it. The purpose of it was to make it more prevalent within the ordinance and make it a separate article or section within the ordinance. That is the intent. Councillor Bodanza said it is a matter of style. What happened with the new Ordinance is that it was buried in the commercial district which is the only place you can have it. At the same time they wanted to pair it down and get rid of as many superfluous words they could to make the document user friendly. Anything that did not have any legal impact in that section was taken out. It is where it is purposely to not stick out like a sore thumb. That is why we didn’t want to put it in its own section. He said the problem with what was submitted to us is that it is not thought out. If we put this in to stand alone it would have to be done with a lot more care. Ms. Vittorioso said she doesn’t necessarily disagree with him. She said when she reviewed the old Ordinance with the new ordinance before coming tonight she thought it serves the purpose behind it to ostracize the adult entertainment industry to a certain particular section of town with certain criteria they have to meet, and it says that. Councillor Bodanza said it is just a matter of style. It is not going to change our protection as a community. He said if we don’t do anything we are in a no different position than if we stuck the whole adult zone in a separate section. Councillor Freda said it is important to note that by law we had to have a zone for them which we created years ago and it is very specific. We are not creating a zone now for it to come into the City. Councillor Nickel said the way we have it is a lower key way of doing it. Councillor Marchand asked Ms. Vittorioso if they were on common ground to give this potential leave to withdraw without prejudice? Ms. Vittorioso said in the sake of efficiency she would agree to do that. No one spoke in favor or in opposition to this petition. HEARING ADJOURNED AT 7:14 P.M. ______________________________ Lynn A. Bouchard, City Clerk And Clerk of the City Council HEARING BEFORE THE CITY COUNCIL, MARCH 10, 2014 Hearing opened at 7:15 P.M. with Councillor Dombrowski , Chair of the LEGAL AFFAIRS COMMITTEE, presiding. All members were present. Present at the hearing was Carol Vittorioso, Vice Chairperson of the Planning Board. 2 HEARING BEFORE THE CITY COUNCIL, MARCH 10, 2014, continued The following PETITION was the subject of the hearing: 40-14 Leominster Planning Board: Amend the Leominster Zoning Ordinance by adding Article XVIII, Section 22-105 entitled “Medical Marijuana Facilities” to allow and regulate medical marijuana facilities in the city. Councillor Dombrowski said we initially had a petition put forth by a private citizen, Mr. Mullaney and signed by ten registered voters and then we got the Planning Board proposal and the members of Legal Affairs felt that the Planning Board proposal would be a lot easier to work with. We gave the other petition leave to withdraw and we will use Mr. Mullaney’s suggestions. Ms. Vittorioso said Mr. Souza initially drafted this. Their purpose was to make it short but comprehensive, easy to understand and without much ambiguity. She said she looked at other bylaws proposed by surrounding towns. She said the town of Framingham was good and short, a little bit longer than the one submitted. They also had an overlay district. She said they went with one term of medical marijuana facilities. She said her understanding of the statute is that there is one title with one definition. There is not a dispensary and the other two or three that Framingham lists. We went with facilities as a whole. She said they thought rather than have separate descriptions of the facilities, they just had it as facilities. They thought that was the cleanest way to do it. The definition of marijuana facilities encompasses everything that the Commonwealth and the Department of Public Health for the Commonwealth was looking for it to cover. She said they put in the time and hours of operation, that it will not abut residential zoned property and not to be within 500 feet of residential zoning district, church or youths and not within 1,000 feet of any type of event or operation where children would be involved in. The City Council will be the permitted authority by the issuance of a Special Permit. Ms. Vittorioso said she would like to see added in that if applicable they would have to apply for Site Plan Approval and they would be required to have certain signage but the other members of her Board did not feel it was necessary and then convinced her other sections of the Ordinance would cover that. Councillor Dombrowski asked if she knew if the Framingham Bylaw she was talking about were actually enacted or just proposed. Ms. Vittorioso said she did not know. The one she looked at was a draft from this past August. Councillor Bodanza said the draft talks about a Special Permit from the City Council in the industrial zone districts, plural. Is that a type-o? We have an industrial zone district. Ms. Vittorioso said it is a type-o. I understand it is strictly industrial. Councillor Bodanza said you have another limiting clause, 1,000 feet from a school or a church, 500 feet from a residential zone. Has anybody gone through the exercise of pairing down the map and seeing what is available or where these places can possibly go while apply this criteria to it? Ms. Vittorioso said they didn’t physically do anything like that but had a discussion about it. One of the properties that came into questions was 25 Mohawk so there was a discussion how close 25 Mohawk Drive was to the DEC Hockey rink. Councillor Bodanza said it looks workable to him. Ms. Vittorioso said Mr. Souza wanted this to be in keeping with the intent of the Department of Public Health for the Commonwealth and what they recommended. Councillor Dombrowski asked if the Special Permits that are granted for medical marijuana similar to zoning Special Permits relative to if someone wants to sell their facility after they have been awarded a Special Permit and how that would play out? Councillor Freda said the license would go back to the State. Ms. Vittorioso said they have to register every year so we could issue them the Special Permit but every year they have to reapply for their status as a facility. She said if ABC Company sold to DEF Company they would have to start over. Councillor Nickel said he is happy to see it in the industrial zone. Councillor Feckley said she was satisfied that it is going to be in an industrial district. She said this has been on the agenda since she has taken office and is happy that this is possibly what is going to wind up happening to that. Councillor Salvatelli said there are issues in the Mohawk Drive area. Owners have spent millions of dollars on property there and they are questioning whether they want it down there. That didn’t go off as easy as we make it out to be. One particular gentleman down there who happens to be a very good friend of mine is very concerned on traffic. He said the front of the building is retail and the back part of the building was manufacturing. In Colorado it is clearly commercial. He said he doesn’t have a strong opinion at all but he doesn’t think it is as clean as we make it out to be. Councillor Cormier said it is imperative we have a map because there is so much criteria with the setbacks and other things. He said he needs to see a map before he makes a decision. Ms. Vittorioso said she agrees. She said those distances came up in Framingham’s bylaws and were the most common distances in most common proposed Ordinances or Bylaws for these types of facilities. She said there have been people that have made themselves known to the Planning Board and City Council formally or informally, about using buildings at Mohawk Drive. She said when she chose 25 Mohawk Drive earlier she was using it as an example and not pinpointing is in terms of a proposed spot. Councillor Salvatelli said there are only two industrial parks that are completely empty. I don’t know where else you could put it. 3 HEARING BEFORE THE CITY COUNCIL, MARCH 10, 2014, continued Councillor Bodanza said he is looking at the map and when you start putting 500 and 1,000 foot limitations you carve it down even further. They are sliver like, like fingers so you are going to lose a lot of the girth of the zones. He said he can see why Framingham did an overlay district. He said it is going to be difficult. Jim Stithe of 477 Grant Street said when WalMart came in, when the slots parlor was being suggested, it came down to the public allowed to voice its opinion. I am not sure what is going on here, you need to define what is legally necessary for a marijuana place to go in but you are not saying it’s a fait accompli. He said he gets the feeling that it is a done deal and doesn’t know if the general public in Leominster wants it. Councillor Dombrowski said the legislature has passed law that allows these types of facilities to operate in the Commonwealth. As far as a local level if your zoning ordinance doesn’t specifically govern it, there can be an argument made that it can go anywhere, so what we are doing now is trying to draft some legislation to govern where these types of facilities could go because if we don’t do that it could be irresponsible for the public not to have it drafted. He said when it was first proposed, Councillor Freda submitted a petition for a moratorium which gave us time to do exactly what we are doing which is draft an amendment to our zoning so we can govern this in where it goes. As far as fait accompli he says there are two answers to that. 1. the state legislature has spoken, so we have to react and 2. any applicant who whats to do this type of business in the City of Leominster has to satisfy two requirements, they will have to get a license from the State and a Special Permit from the City Council which basically says we have to find their petition is in harmony with the area they want to put it. Councillor Freda said it was a ballot initiative, the Commonwealth voted to support marijuana facilities. Unlike the slot parlors were governed by legislature. It wasn’t a ballot initiative and it was a big argument because there should have been the right for people to vote on it and that didn’t happen. She said they are going to issue 38 licenses all together and we are okay right now. Twenty have been granted and they are looking to satisfy the other four counties. We are trying to get something in place when the other 10 or 12 licenses will be available in a year or so. If someone comes to Leominster again we will be able to say these are the only areas you are allowed to go to if you are granted a license by the State and a Special Permit by the City Council. Councillor Bodanza said it looks like we are creating the ability for these places to operate but really what we are doing is creating the most control that we can. We want to have as many tools as we can possibly have to exercise control over a facility that comes here. Arlene Stithe of 477 Grant Street said this is a draft we are reading right now and what is the process of the draft? She was wondering about the wording in Section 105.1.1. “To provide for the establishment of medical marijuana facilities in appropriate places.” She said appropriate places could be open to interpretation and wondered if that language should be tightened up. Councillor Bodanza said that is preliminary language. If you go to 105.4.1 it specifically suggests Special Permit, City Council, Industrial Zoning District currently. Ms. Stithe said she is wondering if this language “inappropriate places” as defined by that other section rules. Councillor Bodanza said the specific section rules. Ms. Stithe asked what is the process for finalizing this petition. Councillor Dombrowski said this will go through several meetings with them and probably go into subcommittee. At some point they will come up with a final draft to recommend for approval to the full City Council and the full City Council will vote on the final draft. If passed there will be a first reading of the Ordinance which will be drafted by the City Solicitor along with a public hearing on the first reading of the Ordinance. If the first reading of the Ordinance is adopted then there is a second reading of the Ordinance. If the second reading is adopted then it would become law in the City of Leominster. During this process the Planning Board will have a public hearing and is required to give us a written recommendation. No one spoke in favor or in opposition to this petition. No Councillors spoke. HEARING ADJOURNED AT 8:01 P.M. and CONTINUED TO MAY 12, 2014 AT 6:45 P.M. ______________________________ Lynn A. Bouchard, City Clerk And Clerk of the City Council REGULAR MEETING OF THE CITY COUNCIL, MARCH 10, 2014 Meeting was called to order at 7:30 P.M. Attendance was taken by a roll call vote; all members were present. 4 REGULAR MEETING OF THE CITY COUNCIL, MARCH 10, 2014, continued Senator Flanagan was in the audience and was recognized. The Committee on Records reported that the records through February 24, 2014 were examined and found to be in order. The records were accepted. A recess was called at 7:31 P.M. to continue the public hearings and to hold a public forum. Meeting reconvened at 8:10 P.M. The following COMMUNICATION was received, referred to the WAYS & MEANS/VETERANS AFFAIRS COMMITTEE and given REGULAR COURSE. It was recommended that Kate Griffin-Brooks attend the next meeting. C-43 Dean J. Mazzarella, Mayor: Approve the CDBG Budget/Action Plan for Year 40. The following COMMUNICATIONS were received, referred to the FINANCE COMMITTEE and given REGULAR COURSE. C-44 Relative to the appropriation of $50,000.00 to the Veterans Services Expense Account; same to be transferred from the Excess and Deficiency Account. C-45 Relative to the appropriation of $3,000.00 to the Cemetery Overtime Account; same to be transferred from the Excess and Deficiency Account. C-46 Relative to the appropriation of $14,400.00 to the Cemetery Salary & Wages Account; same to be transferred from the Cemetery Perpetual Care Income Account. C-47 Relative to the appropriation of $130,000.00 to the Debt Service-Principle Expense Account; same to be transferred from the Excess and Deficiency Account. C-48 Relative to the appropriation of $28,200.00 to the Emergency Management Agency Expense Account; same to be transferred from the Excess and Deficiency Account. The following PETITION was received, referred to the WAYS & MEANS/VETERANS AFFAIRS COMMITTEE and given REGULAR COURSE. It was requested that Lisa Marrone attend the next meeting 42-14 Lisa Marrone, Economic Development Coordinator: Adopt an order for the Housing Development Incentive Program (HDIP) per M.G.L. with the Department of Housing and Community Development. The following PETITION was received, referred to the WAYS & MEANS/VETERANS AFFAIRS COMMITTEE, given REGULAR COURSE and referred to the Veteran’s Board, the Blue Start Mothers, the Veteran’s Agent and the Mayor. 43-14 Dennis A. Rosa, State Representative: Request the City of Leominster apply for the Rolling Thunder, Inc. POW/MIA “National Chair of Honor” Program in support of their main mission to bring daily reminders of the POW/MIA issue to cities and towns, big and small, across the nation. The following PETITION was received, referred to the WAYS & MEANS/VETERANS AFFAIRS COMMITTEE, given REGULAR COURSE and referred to the Mayor and the Comptroller. 44-14 Christopher J. Knuth: Request salary increases for the two Sealer of Weights and Measures positions effective July 1, 2014. The following PETITION was received, referred to the LEGAL AFFAIRS COMMITTEE, given REGULAR COURSE and referred to the Director of Inspections, the Planning Board and the Zoning Board of Appeals. A hearing was set for April 14, 2014 at 6:45 P.M. 45-14 Kate Griffin-Brooks for the Leominster Planning Board: Amend the Leominster Zoning Ordinance Section 22-17 Underlying Districts Table of Uses under Business Uses by changing “Motor vehicle gas station minimart and car wash” to two separate lines that would read: 1. Motor vehicle gas station minimart, 2. Motor vehicle gas station minimart and car wash. Both uses would retain the same requirements that currently exist in the ordinance. The following PETITION was received, referred to the LEGAL AFFAIRS & PUBLIC SAFETY/TRAFFIC COMMITTEE, given REGULAR COURSE and referred to the Traffic Division. It was requested that Officer Kennedy attend the next meeting. 46-14 Aaron Kennedy, Leominster Police Department: Amend Chapter 13 of the Leominster Revised Ordinances by deleting Sections 13-68, 13-71 and 13-72 in their entirety and replacing with new Sections 13- 68, 13-71 and 13- 72 relative to traffic fines. 5 REGULAR MEETING OF THE CITY COUNCIL, MARCH 10, 2014, continued The following PETITION was received, referred to the PUBLIC SAFETY/TRAFFIC COMMITTEE, and given REGULAR COURSE 47-14 Aaron Kennedy, Leominster Police Department: Request a stop sign at Wilder Lane against northbound drivers at Wilder Road. The following PETITION was received, referred to the PUBLIC SERVICE COMMITTEE, and given REGULAR COURSE. A hearing was set for March 24, 2014 at 7:00 P.M. 48-14 National Grid and Verizon New England: Jungle Road-Install 1 jointly owned Pole beginning at a point approximately 635 feet south of the centerline of the intersection of Old Mill Road. The following APPOINTMENTS were received, referred to the WAYS & MEANS/VETERANS AFFAIRS COMMITTEE and given REGULAR COURSE. Office of Emergency Management – Admin Unit – Robert Guttermuth and Azura Collier Upon recommendation of the LEGAL AFFAIRS COMMITTEE, the following PETITION was given LEAVE TO WITHDRAW WITHOUT PREJUDICE. Vt. 7/0, Councillors Dombrowski and Bodanza abstained due to a possible conflict of interest. 31-14 Daniel Garceau: Modify the City of Leominster Zoning Map by deleting Parcel 582-27 located at 220 Litchfield Street from the RB zone and adding it to the abutting Industrial I zone. Upon request of the LEGAL AFFAIRS COMMITTEE, the following PETITION was given FURTHER TIME. Vt. 9/0. The hearing was continued to May 12, 2014 at 6:45 P.M. 40-14 Leominster Planning Board: Amend the Leominster Zoning Ordinances by adding Article XVIII, Section 22-105 entitled “Medical Marijuana Facilities” to allow and regulate medical marijuana facilities in the city. Councillor Robert Salvatelli, Chairman of the Finance Committee, read the Financial Report for the City into the record. Account balances are as follows: Excess and Deficiency Account (Free Cash) $ 4,501,139.00 Stabilization Account $ 12,139,407.93 Emergency Reserve $ 0 Upon recommendation of the FINANCE COMMITTEE, the following COMMUNICATION was RATIFIED. Vt. 7 “yeas,” Councillors Nickel and Cormier abstained due to a possible conflict of interest. (Granted with an Emergency Preamble on February 24, 2014; another vote was required. C-25 Relative to the appropriation of $200,000.00 to the Fire Department Overtime Account; same to be transferred from the Excess and Deficiency Account. Upon recommendation of the FINANCE COMMITTEE, the following COMMUNICATIONS were GRANTED and ORDERED. Vt. 9 “yeas” C-26 Relative to the appropriation of $165,000.00 to the Fire Department Capital Outlay Expense Account; same to be transferred from the Excess and Deficiency Account. ORDERED: - that the sum of One Hundred Sixty Five Thousand Dollars ($165,000.00) be appropriated to the Fire Department Capital Outlay Expense Account; same to be transferred from the Excess and Deficiency Account. RE: Vehicles; Chief vehicles, Deputy Chief Command Vehicle and two Fire Prevention Vehciles C-27 Relative to the appropriation of $5,000.00 to the Fire Department Expense Account; same to be transferred from the Excess and Deficiency Account. ORDERED: - that the sum of Five Thousand Dollars ($5,000.00) be appropriated to the Fire Department Expense Account; same to be transferred from the excess and Deficiency Account. C-28 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: Recertification Serves $69,000.00 Condominium full measure list $31,000.00 6 REGULAR MEETING OF THE CITY COUNCIL, MARCH 10, 2014, continued C-29 Relative to the appropriation of $40,000.00 to the Assessor’s Salary & Wages Account; same to be transferred from the Excess and Deficiency Account. ORDERED: - that the sum of Forty Thousand Dollars ($40,000.00) be appropriated to the Assessor’s Salary & Wages Account; same to be transferred from the Excess and Deficiency Account. RE: Assessor’s sick leave bank $18,000.00 Part-time Assessor’s Assistant $22,000.00 C-30 Relative to the appropriation of $10,300.00 to the Conservation Commission Expense Account; same to be transferred from the Excess and Deficiency Account. ORDERED: - that the sum of Ten Thousand Three Hundred Dollars ($10,300.00) be appropriated to the Conservation Commission Expense Account; same to be transferred from the Excess and Deficiency Account. RE: Tree Removal C-31 Relative to the appropriation of $212,000.00 to the Highway Department Capital Outlay Expense Account; same to be transferred from the Excess and Deficiency Account. ORDERED: - that the sum of Two Hundred Twelve Thousand Dollars ($212,000.00) be appropriated to the Highway Department Capital Outlay Expense Account; same to be transferred from the Excess and Deficiency Account. RE: Mechanic Street Project C-32 Relative to the appropriation of $30,000.00 to the Municipal Buildings Capital Outlay Expense Account; same to be transferred from the Excess and Deficiency Account. ORDERED: - that the sum of Thirty Thousand Dollars ($30,000.00) be appropriated to the Municipal Buildings Capital Outlay Expense Account; same to be transferred from the Excess and Deficiency Account. RE: Drake House; Massachusetts Historical Commission Matching Grant Program. C-33 Relative to the appropriation of $5,000.00 to the Recreation Open Space Expense Fund; same to be transferred from the Open Space Donation Fund. ORDERED: - that the sum of Five Thousand Dollars ($5,000.00) be appropriated to the Recreation Open Space Expense Fund; same to be transferred from the Open Space Donation Fund. RE: Appraisal of property for purchase of open space at the corner of Mechanic and Laurel Streets. Upon request of the FINANCE COMMITTEE, the following COMMUNICATION was given FURTHER TIME was DENIED. Vt. 3 “yeas” and 6 “nays, Councillors Salvatelli, Lanciani, Bodanza, Feckley, Freda and Marchand opposed. A motion to GRANT was passed and the ORDER was adopted. Vt. 6 “yeas” and 3 “nays”, Councillor Nickel, Cormier and Dombrowski opposed. C-34 Relative to the appropriation of $588,235.00 to the Recreation Capital Outlay Expense Account; same to be transferred from the Excess and Deficiency Account. ORDERED: - that the sum of Five Hundred Eighty Eight Thousand Two Hundred Thirty Five Dollars ($588,235.00) be appropriated to the Recreation Capital Outlay Expense Account; same to be transferred from the Excess and deficiency Account. RE: Parkland Acquisitions and Renovations for Communities (PARC) Program, Improvements for Barrett Park. State Reimbursement of $400,000.00 Councillor Marchand said, “on the record in the minutes tonight, you have my word as the President of this Council to make sure that a communication comes down relative to the dispute regarding the scoreboard at the Twelfth Street field once they have come to common ground. There is a lot of work that has to be done on both sides and most of it is legal. Once that takes place I will sit down with the Ward Councillor and any other member of this Committee that would like to, and sit with the Mayor and put the finishing touch on that communication to come down.” Upon recommendation of the FINANCE COMMITTEE, the following COMMUNICATIONS were GRANTED and ORDERED. Vt. 9 “yeas” C-35 Relative to the appropriation of $65,000.00 to the School Department Expense Account; same to be transferred from the Excess and Deficiency Account. ORDERED: - that the sum of Sixty Five Thousand Dollars ($65,000.00) be appropriated to the School Department Expense Account; same to be transferred from the Excess and Deficiency Account. RE: Reading Program 7 REGULAR MEETING OF THE CITY COUNCIL, MARCH 10, 2014, continued C-36 Relative to the appropriation of $470,918.00 to the School Transportation Expense Account; same to be transferred from the Excess and Deficiency Account. ORDERED: - that the sum of Four Hundred Seventy Thousand, Nine Hundred Eighteen Dollars ($470,918.00) be appropriated to the School Transportation Expense Account; same to be transferred from the Excess and Deficiency Account. RE: Medicaid reimbursement funds reserved for transportation needs. C-37 Relative to the appropriation of $100,000.00 to the School Department Alumni Field Capital Outlay Expense Account; same to be transferred from the Excess and Deficiency Account. ORDERED: - that the sum of One Hundred Thousand Dollars ($100,000.000) be appropriated to the School Department Alumni Field Capital Outlay Expense Account; same to be transferred from the Excess and Deficiency Account. C-38 Relative to the appropriation of $100,000.00 to the Snow & Ice Overtime 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 Snow & Ice Overtime Account; same to be transferred from the Excess and Deficiency Account. C-39 Relative to the appropriation of $400,000.00 to the Snow & Ice Expense Account; same to be transferred from the Excess and Deficiency Account. ORDERED: - that the sum of Four Hundred Thousand Dollars ($400,000.00) be appropriated to the Snow & Ice Expense Account; same to be transferred from the Excess and Deficiency Account. C-40 Relative to the appropriation of $550,000.00 to the Sewer Department Capital Outlay Expense Account; same to be transferred from the Excess and Deficiency Account. ORDERED: - that the sum of Five Hundred Fifty Thousand Dollars ($550,000.00) be appropriated to the Sewer Department Capital Outlay Expense Account; same to be transferred from the Excess and Deficiency Account. RE: Sewer Line relining $500,000.00 Truck/Equipment $ 50,000.00 C-41 Relative to the appropriation of $750,000.00 to the Water Department Capital Outlay Expense Account; same to be transferred from the Excess and Deficiency Account. ORDERED: - that the sum of Seven Hundred Fifty Thousand Dollars ($750,000.00) be appropriated to the Water Department Capital Outlay Expense Account; same to be transferred from the Excess and Deficiency Account. RE: 1. Installation of air scour system and replacement of the filter media at Notown Reservoir $500,000.00 2. Excavator vehicle $200,000.00 3. Truck/Equipment $ 50,000.00 C-42 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. Upon request of the WAYS & MEANS/VETERANS SERVICES COMMITTEE, the following APPOINTMENT was given FURTHER TIME. Vt. 9 “yeas”. Police Department – Kenneth Leone – Permanent Patrolman The following RESOLUTION was received, referred to the WAYS & MEANS COMMITTEE and given REGULAR COURSE. It was requested that Officer Kennedy come to the next meeting. Resolution – Establish Traffic Fund Upon recommendation of the LEGAL AFFAIRS COMMITTEE, the following ORDINANCE was read once and ADOPTED as presented and ordered published. A hearing was set for March 24, 2014 at 7:05 P.M. Vt. 9 “yeas” 1st Reading Ordinance – Amend Chapter 13, of the Revised Ordinances entitled “Motor Vehicles and Traffic” by removing no parking in front of St. Anna Rectory on Lancaster Street and replacing it with 30 minute parking. Upon recommendation of the LEGAL AFFAIRS COMMITTEE, the following ORDINANCE was read once and ADOPTED as presented and ordered published. A hearing was set for March 24, 2014 at 7:10 P.M. Vt. 9 “yeas” 8 REGULAR MEETING OF THE CITY COUNCIL, MARCH 10, 2014, continued 1st Reading Ordinance – Amend Chapter 13 of the Revised Ordinances entitled “Motor Vehicles and Traffic” by increasing the fifteen-minute free parking to thirty-minute free parking in the designated parking spaces in front of the United States Post Office on Main Street. The Public Service Committee established a meeting for March 18, 2014 at 6:30 P.M. Councillor Dombrowski, Chair of the LEGAL AFFAIRS COMMITTEE, moved that the following PETITION be removed from the table and placed on the calendar for action. It was so voted 9/0. Committee reports as follows: 34-14 Leominster Planning Board: Change the zoning ordinance to correct Section 22-25 Commercial District as follows: 1. Remove the text for “Adult Entertainment” and replace it with the “Commercial District” text from the old zoning ordinance (Section 22-23) with one exception: ** Change 23.2.3 to read: Mobile Home Parks and Trailer Parks require a Special Permit and Site Plan approval from the Planning Board. 2. Add the entire “Adult Entertainment Ordinance” as written in Section 22-25 of the old zoning ordinance back into the new zoning ordinance as Article XVII 3. Add Adult Entertainment to the Table of Contents. Petition given LEAVE TO WITHDRAW. Vt. 9/0 MEETING ADJOURNED AT 8:37 P.M. _____________________________ Lynn A. Bouchard, City Clerk and Clerk of the City Council

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