City Council

HEARING BEFORE THE CITY COUNCIL, AUGUST 11, 2014 Hearing opened at 6:52 P.M. with Councillor Freda, Clerk of the LEGAL AFFAIRS COMMITTEE, presiding. All members were present except Councillor Dombrowski. The following ORDINANCE was the subject of the hearing: Relative to amending Chapter 14 of the Revised Ordinances entitled “Offenses – Miscellaneous” by inserting a new section 14-21 regarding the use of medical marijuana on public property. No one in the audience spoke in favor or in opposition to the Ordinance. No Councillors spoke. HEARING ADJOURNED AT 6:54 P.M. _____________________________ Lynn A. Bouchard, City Clerk and Clerk of the City Council  2 HEARING BEFORE THE CITY COUNCIL, AUGUST 11, 2014 Hearing opened at 6:55 P.M. with Councillor Freda, Clerk of the LEGAL AFFAIRS COMMITTEE, presiding. All members were present except Councillor Dombrowski. The following ORDINANCE was the subject of the hearing: Relative to amending Chapter 18, Section 18-5 of the Revised Ordinances entitled “Police - Equipment” by deleting Section 18- 5 in its entirety and replacing with a new Section 18- 5. No one in the audience spoke in favor or in opposition to the Ordinance. No Councillors spoke. HEARING ADJOURNED AT 6:57 P.M. _____________________________ Lynn A. Bouchard, City Clerk and Clerk of the City Council HEARING BEFORE THE CITY COUNCIL, AUGUST 11, 2014 Hearing opened at 7:00 P.M. with Councillor Freda, Clerk of the LEGAL AFFAIRS COMMITTEE, presiding. All members were present except Councillor Lanciani. The following PETITION was the subject of the hearing: 3-15 Leominster Planning Board and Peter Niall, Building Commissioner: Amend the Leominster Zoning Ordinance by adding “sales and service of all recreation vehicles and motor cycles” to Section 22-17, Underlying Districts Table of Uses and removing the word “vacant” from Article I, Section 22-10-1-1. No one in the audience spoke in favor or in opposition to the Ordinance. Councillor Nickel said he would like the Council to consider giving this hearing further time and have the Director of Inspections to come down to the Council. He said he feels that this is two separate items. Councillor Freda said the Planning Board has not met to give us a recommendation. Councillor Bodanza said they are two complete items and he is confused with the content and would like to hear from the Director of Inspections. Council President Marchand agreed. HEARING ADJOURNED AT 7:06 P.M. AND CONTINUED TO AUGUST 25, 2014 AT 7:00 P.M. __________________________________ Lynn A. Bouchard, City Clerk and Clerk of the City Council REGULAR MEETING OF THE CITY COUNCIL, AUGUST 11, 2014 Meeting was called to order at 7:30 P.M. Attendance was taken by a roll call vote; all members were present except Councillor Dombrowski. The Committee on Records reported that the records through July 28, 2014 were examined and found to be in order. The records were accepted. The following COMMUNICATION was received, referred to the LEGAL AFFAIRS COMMITTEE, given REGULAR COURSE and referred to The Conservation Commission and to the Mayor. C-5 Dean J. Mazzarella, Mayor: Request authorization to enter into an agreement for Net Metering Power Purchase for solar generated electricity and related net electricity metering credits and authorization of the mayor to execute such agreements and take such actions as are necessary to administer and implement such agreements. The following COMMUNICATION was received, referred to the LEGAL AFFAIRS COMMITTEE and given REGULAR COURSE. C-6 Dean J. Mazzarella, Mayor: Accept MGL Chapter 60A, Paragraph 8 relative to excise tax exemption for active duty servicemen deployed.  3 REGULAR MEETING OF THE CITY COUNCIL, AUGUST 11, 2014, continued The following COMMUNICATION was received, referred to the FINANCE COMMITTEE and given REGULAR COURSE. C-7 Relative to the appropriation of $50,000.00 to the Library Expense Account; same to be transferred from the Library State Aid Reserved for Appropriations Account. The following PETITION was received, referred to the WAYS & MEANS AND VETERANS AFFAIRS COMMITTEE, given REGULAR COURSE and referred to the Treasurer and the Police Department. 4-15 Christopher Nikolow: Renew the Second Hand Dealers License for Ashlyn Fine Jewelry located at 3 Park Street. The following APPOINTMENT was received, referred to the WAYS & MEANS AND VETERANS AFFAIRS COMMITTEE and given REGULAR COURSE. Council on Aging-Margaret Takarabe – term to expire April 15, 2017 Upon recommendation of the LEGAL AFFAIRS COMMITTEE, the following PETITION was given FURTHER TIME. Vt. 8/0. (Hearing continued to August 25, 2014 at 7:00 P.M.) 3-15 Leominster Planning Board and Peter Niall, Building Commissioner: Amend the Leominster Zoning Ordinance by adding “sales and service of all recreation vehicles and motor cycles” to Section 22-17, Underlying Districts Table of Uses and removing the word “vacant” from Article I, Section 22-10-1-1. Upon recommendation of the WAYS & MEANS AND VETERANS AFFAIRS COMMITTEE, the following APPOINTMENTS were CONFIRMED. Vt. 8 “yeas” Fire Department – Lieutenant – Ryan Young 2014-2015 Election Officers – terms to expire August 31, 2015 ELECTION OFFICERS 2014-2015 WARD 1A PARTY NAME WARD 2C PARTY NAME WARD 4B PARTY NAME Warden U Kathleen Kaldis Warden U Dennis M. Lyddy Warden R Janet Parker Clerk D Paul Janda Clerk U Amelia Piermarini Clerk U Birdie Siciliano Inspector U Janice Donfro Inspector U Jean Morel Inspector D Louise DiPalma Inspector U Melanina Arpano Inspector U Susan Sanguinetti Inspector R Joan Nicholson Inspector U Jeannita Gaudet Inspector D Anna McCarthy Inspector U Patricia Corriea Inspector U Chris Chiumento Inspector U Rita Souliere Inspector D Patricia Pinder Inspector U Paul Cannavino Inspector U Marie J. Sharrigan Inspector U Joanne Petricca Inspector U Annette Keating Inspector U Anne M. Richard Inspector R Benjamin Parker Dep Insp U Dennis Grammont Dep. Insp. R Robert N. Cote Dep. Insp. U Silvia Dube Dep Insp U Phyllis Grammont WARD 3A WARD 4C WARD 1B Warden D Kathleen Haskell Warden Warden D Margaret Woovis Clerk D Claudette A. Guilmette Clerk D Elizabeth Denis Clerk U James Woovis Inspector U Karen J. McNall Inspector U Deborah G. Hebert Inspector U Sandra L. Ricci Inspector U Lucy Ciccolini Inspector U Nancy Hicks Inspector U Mary Golas Inspector U Norma Surovich Inspector U Maureen Jennings Inspector R Betsey McPhee Inspector D Barbara Aubuchon Inspector D Verna Charpentier Inspector D Beatrice Robichaud Inspector D Dorothy Comeau Inspector U Gail Duplease Inspector R Joan Nowlin Thompson Inspector U Beverly Fratoni Inspector U Anna Mikels Inspector R Evelyn Vignola Dep. Insp. U Linda C. Kinsey WARD 5A Dep Insp U Paulette Robichaud WARD 3B Warden U Cynthia Henderson Dep Insp R Norman E. Winchester Warden U Nancy Koski Clerk R Chester Carter Dep. Insp. U Brenda Maffeo Clerk D William Ryan Inspector R Marilyn Carter Dep Insp D Eugenia Goldsby Inspector U Deanne Comeau Inspector U Leslie Tobin Dep Insp D Earlean Brown Inspector U Gail Cunningham Inspector U Therese M. Tobin Dep Insp U Robert E. Antil Inspector U Caroline Perla Inspector U Gail Purretta Dep Insp U Elaine D.G. Greene Inspector. U Kathleen Lamb Inspector D Madeleine Marcoux WARD 1C Inspector U Laura Casey Inspector D Marie Blondin Warden U Priscilla Regopoulos Inspector Clerk D Anne Lucier Dep. Insp. R Constance Cardoza Dep. Insp. U Diane Eredita Inspector U Barbara A. Burque Dep. Insp. U Peter Richards Dep. Insp. U Irene C. Greco Inspector U Philena Richards Dep. Insp. U Mary L. Richards Dep. Insp. U Guiulio G. Greco Inspector U Janice LeDuc WARD 3C WARD 5B Inspector U Anne Kastal Warden U Louise Comeau Warden R Donald Piermarini Inspector D Domenic Marcantonio Clerk U Nilah Gerhard Clerk U Doris DeCicco Inspector U Jeanne Jekanowski Inspector U Beverly Amedio Inspector D Eleanora Bissonnette Dep. Insp. D Jane Kalfus-Maine Inspector U Gerald R. LeBlanc Inspector U David Henderson Handi Inspctor U Nicholas Donfro Inspector U Ruth Barrows Inspector D Phyllis Johnson WARD 2A Inspector D Katherine Saunders Inspector U Bessie Lindsay Warden U Joanne Anderson Inspector D Diana D. Giannetti Inspector U Charles Hayes Clerk U Kelly Lyddy Inspector D Sharon Bennett Inspector U Denise Lamkin Inspector D Claire M. Lincoln Dep Insp. U John J. Caron Dep. Insp. D Francis J. Giangrande Inspector D Ida Kendall Dep. Insp. D Nancy A. Lee WARD 5C Inspector D Jean Tessier Dep Insp. Warden U Diane Shepherd Inspector U Barbara Lanza WARD 4A Clerk U Margaret Allen Inspector D Maria Tineo Warden R Janet Baron Inspector D Anthony E. Stelluto Inspector R Milagros Vazquez Clerk U Joyce LaFleur Inspector U Tina Wright Dep Insp D Roland S. Hammons Inspector U Phyllis DelGiudice Inspector D Marie Chester  4 PARTY NAME PARTY NAME PARTY NAME WARD 2B Inspector U Linda Vezina Inspector U Lisa Holley Warden D Kerry A. Boudreau Inspector U Arnold Baron Inspector U Marta Bahde Clerk D Debra McNally Inspector U Rosalie LaManna Inspector U Rosalie O'Donnell Inspector U Paula Harvey Inspector D Janet Flanagan Dep Insp. D Andriana Fotakis Inspector D Elizabeth Buchanan Inspector U Magella Jackson Inspector U Claire M. Babineau Dep Insp U Marcia J. Tarara Inspector D Marie Richard Dep. Insp D Marie Barns Inspector U Emilda E. Sauvageau Dep. Insp U Leonie M. Cormier Inspector D Robert J. Gourdeau Dep. Insp. D Patricia C. Vallee The following ORDINANCE was read a second time, ADOPTED as presented and passed to be ordained. Vt. 8 “yeas” City of Leominster In the year two thousand and fourteen AN ORDINANCE Amending Chapter 14 of the Revised Ordinances entitled “Offenses - Miscellaneous.” Be it ordained by the City Council of the City of Leominster, as follows: Chapter 14 of the Revised Ordinances entitled “Offenses – Miscellaneous” is hereby amended by inserting a new section as follows: Sec. 14-21. Ingestion of medical marijuana on public property. (a) Definitions Public Property: Public property shall include any real estate, improved or unimproved, which the City owns or controls and places to which the public has a right of access. Medical Marijuana: Medical marijuana is marijuana prescribed or used as defined in 105 CRM 725.0, as may be amended, promulgated under Chapter 369 of the Acts of 2012. (b) Use on Public Property Medical marijuana shall not be ingested or used in any form on public property within the City of Leominster. (c) Penalties: 1) Any violation of this section shall be enforced by noncriminal disposition pursuant M.G.L. c.40, §21D, as follows: (a) First offense subject to this ordinance; noncriminal fine of one hundred fifty dollars ($150,00). (b) Subsequent offense subject to this ordinance; noncriminal fine of three hundred dollars ($300.00.00). 2) For purposes of this section, notice shall be deemed sufficient and proper if the person receives service by registered mail, return receipt requested, or receives in hand service or service by a constable, sheriff or other person authorized to serve civil process within the Commonwealth of Massachusetts or other service as a court of competent jurisdiction may allow. (d) Consistent with other laws Nothing herein shall be construed to interfere with the prohibition or regulation of marijuana by other laws, state or federal. _____________________________ The following ORDINANCE was read a second time, ADOPTED as presented and passed to be ordained. Vt. 8 “yeas” City of Leominster In the year two thousand and fourteen AN ORDINANCE Amending Chapter 14 of the Revised Ordinances entitled “ Police.” Be it ordained by the City Council of the City of Leominster, as follows: Chapter 18 of the Revised Ordinances entitled “Police” is hereby amended by deleting Section 18-5 of said chapter, entitled “Equipment,” in its entirety and inserting in its place the following language:  5 REGULAR MEETING OF THE CITY COUNCIL, AUGUST 11, 2014, continued Sec. 18-5. Equipment All sworn full time officers, special police officers and auxiliary police officers shall be issued and have in their possession, and carry on active duty, a firearm, baton, oleoresin capsicum, radio and handcuffs. Those officers authorized by the chief of police shall also be issued to carry and have in their possession an electronic control weapon. All members assigned to the detective bureau, plain clothes, or functioning in an administrative position, shall be issued and carry on their person a firearm, a less lethal use of force option that covers multiple levels of force (i.e., a baton or electronic control weapon), handcuffs and a means of communicating with the department (i.e. cellular phone or radio) while outside of the building and on duty. ________________________ The following RESOLUTION was received, referred to the FINANCE and the WAYS & MEANS/VETERANS AFFAIRS COMMITTEES and given REGULAR COURSE. RESOLUTION – State of Massachusetts Health Care Security Trust Investment Agreement Authorization. The following ORDINANCE was read once and ADOPTED as presented. Vt. 7 “yeas” and 1 “nay”, Councillor Freda opposed. 1st Reading Ordinance – Amend Chapter 22, Article I, Section 22-4 of the Revised Ordinance entitled “Definitions” by eliminating the sentence “Facilities that utilize animal testing of products are not included in this definition: from the Life sciences definition.” The following ORDINANCE was read once and ADOPTED as presented. Vt. 8 “yeas” 1st Reading Ordinance – Amend Chapter 22 of the Revised Ordinances by adding Article XVIII, Section 22-105 entitled “Medical Marijuana Facilities” to establish special requirements and appropriate placement of Medical Marijuana Facilities. In accordance with Section 3.6 of the Leominster City Charter a vote was taken to have the Inspector of Buildings Peter Niall come to the next meeting to answer questions regarding Petition 3-15. Vt. 8/0. Councillor Freda said she went to the Leominster Music Jazz Camp and it was phenomenal. Councillor Nickel said he was disappointed when he went to a championship baseball game at the Bachand Field and the sign was not working. He said he heard comments from visitors as well as people from the team. Another game is scheduled for Wednesday. He said with all they did to try to get a resolution with the parties involved and still can’t come to an accommodation and now because of it we have a nice field with a non functional scoreboard. Councillor Freda asked if anyone has heard about the league trying to raise funds to fix the field. Councillor Nickel said just about every league has done the same thing including North Leominster who has raised funds, National has raised funds and brought in fill for the baselines, and it has been done by Leominster American in the past. After a while you can only bring in so much earth before you have changed the level of the elevation of the field. You have to do the maintenance. He said Councillor Salvatelli was at a game where his grandson played and he noticed the difference in the field because it has been elevated over the years and now it needs to be done. They are going to do what they can to repair the field. Councillor Salvatelli said there were dips of eight to twelve inches and we’re lucky no one got hurt. MEETING ADJOURNED AT 7:52 P.M. __________________________________ Lynn A. Bouchard, City Clerk and Clerk of the City Council