City Council

HEARING BEFORE THE CITY COUNCIL, MARCH 28, 2016 Hearing opened at 7:32 P.M. with Councillor Nickel, Chair of the PUBLIC SERVICE COMMITTEE, presiding. All members were present except for Councillor Freda. The following PETITION was the subject of the hearing. 29-16 National Grid and Verizon New England, Inc.: North Street-install 1 jointly owned pole beginning at a point approximately 165 feet west of the centerline of the intersection of Main Street. National Grid to install Pole 24-1 on side of road to feed new customer. D. J. Alberti, representing National Grid, said this one pole will be for the sole purpose for the new construction at the corner of Norwood Avenue to the other side of North Street. No one in the audience spoke in favor or against the petition. No Councillors spoke. HEARING ADJOURNED AT 7:34 P.M. ______________________________________ Lynn A. Bouchard, City Clerk and Clerk of the City Council HEARING BEFORE THE CITY COUNCIL, MARCH 28, 2016 Hearing opened at 7:34 P.M. with Councillor Dombrowski, Chair of the LEGAL AFFAIRS COMMITTEE, presiding. All members were present except for Councillor Freda. The Following PETITION was the subject of the hearing. 23-16 Attorney Peter Campobasso for Alternative Therapies Group, Inc.: Grant a Special Permit to locate and operate a registered marijuana dispensary at 57 Nashua Street, as shown on Assessors Map 464, Lot 5, for retail sale or distribution of marijuana for medical use to qualifying patients. Councillor Dombrowski said the petitioner is requesting that this hearing be continued to April 11, 2016. HEARING ADJOURNED AT 7:36 P.M. AND CONTINUED TO APRIL 11, 2016 AT 6:40 P.M. ______________________________________ Lynn A. Bouchard, City Clerk and Clerk of the City Council REGULAR MEETING OF THE CITY COUNCIL, MARCH 28, 2016 Meeting was called to order at 7:30 P.M. Attendance was taken by a roll call vote; all members were present except Councillor Freda. The Committee on Records reported that the records through March 7, 2016 were examined and found to be in order. The records were accepted. A recess was called at 7:32 P.M. to continue the public hearing, continue the informational meeting with the Mayor, the City Solicitor and department heads, and to hold a public forum. Meeting reconvened at 9:28 P.M. The following COMMUNICATION was received, referred to the FINANCE COMMITTEE, and given REGULAR COURSE. C-60 Relative to the appropriation of $100,000.00 to the Police Department Overtime Account; same to be transferred from the Police Salary & Wages Account.  2 REGULAR MEETING OF THE CITY COUNCIL, MARCH 28, 2016, continued The following PETITIONS were received, referred to the WAYS & MEANS COMMITTEE, given REGULAR COURSE and referred to the Treasurer. 30-16 Roger Cormier: Renew the Second Hand Dealer License for Crowne Jewelers located at 12 Lindell Avenue. 31-16 Jon Zajon: Renew the Second Hand Dealer License for George’s Fine Jewelers located at 255 North Street. 32-16 Virginia A. Tocci: Renew the Second Hand Dealer License for Joseph’s Jewelers located at 28 Central Street. s) 33-16 Fred R. Tousignant: Renew the Second Hand Dealer License for Fred’s Auction located at 38 Spruce Street. The following PETITION was received, referred to the WAYS & MEANS COMMITTEE, given REGULAR COURSE and referred to the Police Department and the License Commission. 34-16 Andrew Rome: Renew the License for one pool table at the Columbia Tavern located at 16 Central Street Rear. The following PETITION was received, referred to the LEGAL AFFAIRS COMMITTEE, given REGULAR COURSE and referred to the Fire Department and the Health Director. A hearing was set for April 25, 2016 at 7:00 P.M. Vt. 8/0 35-16 Kathleen Sousa for Cumberland Farms, Inc.: Grant a license to store two 20,000 gallon dual-compartment underground storage tanks, with a total of 32,000 gallons of gasoline and 8,000 gallons of diesel fuel at 454-466 Mechanic Street. The following PETITION was received, referred to the LEGAL AFFAIRS COMMITTEE, given REGULAR COURSE and referred to the Building Inspector, the Health Director, the Planning Board, the Zoning Board of Appeals, the Mayor and the Economic Development Coordinator. A hearing was set for April 25, 2016 at 6:45 P.M. Vt. 8/0 36-16 Mackie Barch for Do Health Massachusetts: Grant a Special Permit to open a medical marijuana cultivation and dispensary facility at 30 Patriots Circle, as shown on Assessors Map 499, Lot 50. Upon recommendation of the WAYS & MEANS COMMITTEE, the following PETITIONS were GRANTED. Vt. 8/0 25-16 Laurel Krueger: Renew the Second Hand Dealers License for Beldon Jewelers #0240 located at 100 Commercial Road. 26-16 Laurel Krueger: Renew the Second Hand Dealers License for Kays Jewelers #1285 located at 100 Commercial Road. Upon request of the LEGAL AFFAIRS COMMITTEE, the following PETITION was given FURTHER TIME. Vt. 8/0 (Hearing continued to April 11, 2016 at 6:40 P.M.) 23-16 Attorney Peter Campobasso for Alternative Therapies Group, Inc.: Grant a Special Permit to locate and operate a registered marijuana dispensary at 57 Nashua Street, as shown on Assessors Map 464, Lot 5, for retail sale or distribution of marijuana for medical use to qualifying patients. Upon request of the LEGAL AFFAIRS COMMITTEE, the following PETITION was given FURTHER TIME. Vt. 8/0 27-16 Richard Marchand: Amend Chapter 10, Section 10-7 of the Leominster City Charter entitled “Solicitation Hours,” by deleting it in its entirety and inserting the following: A properly licensed solicitor or peddler qualified through the Leominster Police Department, may solicit between the hours: A. Monday through Friday: 10:00 A.M. through 6:00 P.M. B. Saturday, Sunday and holidays from 12:00 P.M. through 5:00 P.M. Upon request of the LEGAL AFFAIRS COMMITTEE, the following PETITION was given FURTHER TIME. Vt. 7/0, Councillor Marchand abstained due to a possible conflict of interest. A hearing is scheduled for April 11, 2016 at 7:00 P.M. 28-16 Peter E. Bovenzi, Trustee, Neighborhood Development Trust: Rezone a portion of Assessor’s Map 317, Parcel 7A from Commercial District to Residence C District and change the maximum height for principal buildings in Residence C District as set forth in Subsection 22-40.3 from 35 feet to 40 feet. Councillor Bodanza, Chair of the FINANCE COMMITTEE, read the Financial Report for the City into the record. Account balances are as follows: Stabilization Account $11,678,520.00 Emergency Reserve $ 100,000.00  3 REGULAR MEETING OF THE CITY COUNCIL, MARCH 28, 2016, continued Upon recommendation of the FINANCE COMMITTEE, the following COMMUNICATION was GRANTED and ORDERED. Vt. 8 “yeas”. C-51 Relative to the appropriation of $37,000.00 to the Election & Registration Expense Account; same to be transferred from the Stabilization Fund. ORDERED: - that the sum of Thirty Seven Thousand Dollars ($37,000.00) be appropriated to the Election & Registration Expense Account; same to be transferred from the Stabilization Fund. RE: Special Election Fund C-52 Relative to the appropriation of $2,400.00 to the Highway Department Expense Account; same to be transferred from the Collective Bargaining Expense Account. ORDERED: - that the sum of Two Thousand Four Hundred Dollars ($2,400.00) be appropriated to the Highway Department Expense Account; same to be transferred from the Collective Bargaining Expense Account. RE: Cost of clothing allowance increase Upon recommendation of the FINANCE COMMITTEE, the following COMMUNICATION was GRANTED and ORDERED. Vt. 6 “yeas” and 2 “nays”, Councillor Chalifoux Zephir and Nickel opposed. A motion to amend to $8,700.00 was defeated. Vt. 2/6, Councillors Marchand, Lanciani, Bodanza, Feckley, Dombrowski and Cormier opposed. C-53 Relative to the appropriation of $9,000.00 to the Mayor’s Expense Account; same to be transferred from the Stabilization Fund. ORDERED: - that the sum of Nine Thousand Dollars ($9,000.00) be appropriated to the Mayor’s Expense Account; same to be transferred from the Stabilization Fund. Upon recommendation of the FINANCE COMMITTEE, the following COMMUNICATIONS were GRANTED and ORDERED. Vt. 8 “yeas”. C-54 Relative to the appropriation of $21,133.00 to the Public Works Salary & Wages Account; same to be transferred from the Collective Bargaining Expense Account. ORDERED: - that the sum of Twenty One Thousand One Hundred Thirty Three Dollars ($21,133.00) be appropriated to the Public Works Salary & Wages Account; same to be transferred from the Collective Bargaining Expense Account. Public Works Labor Salary & Wages $14,253.00 Forestry Department Salary & Wages $ 2,966.00 Cemetery Salary & Wages $ 2,914.00 Public Works Overtime $ 1,000.00 C-55 Relative to the appropriation of $6,974.00 to the Sewer Regular Labor Salary & Wages Account; same to be transferred from the Sewer Support Services Expense Account. ORDERED: - that the sum of Six Thousand Nine Hundred Seventy Four Dollars ($6,974.00) be appropriated to the Sewer Regular Labor Salary & Wages Account; same to be transferred from the Sewer Support Services Expense Account. RE: Cost of wage settlement for FY2016 C-56 Relative to the appropriation of $700.00 to the Sewer Department Expense Account; same to be transferred from the Sewer Support Services Expense Account. ORDERED: - that the sum of Seven Hundred Dollars ($700.00) be appropriated to the Sewer Department Expense Account; same to be transferred from the Sewer Support Services Expense Account. RE: Clothing allowance increase C-57 Relative to the appropriation of $14,727.00 to the Water Department Salary & Wages Account; same to be transferred from the Water Department Support Services Expense Account. ORDERED: - that the sum of Fourteen Thousand Seven Hundred Twenty Seven Dollars ($14,727.00) be appropriated to the Water Department Salary & Wages Account; same to be transferred from the Water Department Support Services Expense Account. RE: Cost of wage settlement for FY2016 C-58 Relative to the appropriation of $1,400.00 to the Water Department Expense Account; same to be transferred from the Water Department Support Services Expense Account.  4 REGULAR MEETING OF THE CITY COUNCIL, MARCH 28, 2016, continued ORDERED: - that the sum of One Thousand Four Hundred Dollars ($1,400.00) be appropriated to the Water Department Expense Account; same to be transferred from the Water Department Support Services Expense Account. RE: Cost of clothing allowance increase for FY2016 C-59 Relative to the appropriation of $1,600.00 to the Wire Department Expense Account; same to be transferred from the Stabilization Fund. ORDERED: - that the sum of One Thousand Six Hundred Dollars ($1,600.00) be appropriated to the Wire Department Expense Account; same to be transferred from the Stabilization Fund. RE: Repair of clock located downtown Upon recommendation of the PUBLIC SERVICE COMMITTEE, the following PETITION was GRANTED. Vt. 7/0, Councillor Cormier abstained due to a possible conflict of interest. 29-16 National Grid and Verizon New England, Inc.: North Street-install 1 jointly owned pole beginning at a point approximately 165 feet west of the centerline of the intersection of Main Street. National Grid to install Pole 24-1 on side of road to feed new customer. Upon request of the WAYS & MEANS COMMITTEE, the following ORDINANCE was given FURTHER TIME. Vt. 8 “yeas”. (A hearing is scheduled for April 11, 2016 at 6:55 P.M.) 2nd Reading Ordinance-Amend Chapter 13, Section 13-77 of the Revised Ordinances entitled “Motor Vehicles and Traffic – Stop Signs by inserting “Holman Avenue, against westbound drivers at Princeton Street.” The following ORDINANCE was read once, ADOPTED as presented and ordered published. A hearing was set for April 11, 2016 at 6:50 P.M. Vt. 8 “yeas”. 1st Reading Ordinance- Amend Chapter 13, Section 13-77 or the Revised Ordinances entitled “Stop Signs” by inserting “Eden Glen, against southbound drivers at Graham Street” and “Eden Glen, against northbound drivers at Graham Street”. The following RESOLUTION was received, referred to the PUBLIC SCHOOLS COMMITTEE and given REGULAR COURSE. RESOLUTION-Calling for Full Funding of the Foundation Budget Review Commission’s Recommendations in Support of Urban Districts in Massachusetts A communication from Councillor Freda was received announcing the Leominster Rotary Club’s 22nd Annual Community Service Award recipients. The recipients are: City Hall - Cheryl Erickson Library – Sarah Chapdelaine DPW – Steven Picard Police – Robert Quirk Fire – Jon Williams Pre K to Grade 5 – Lisa Novelli, Bennett School Middle School – Lisa Mueller, Skyview High School – Andrea Grimes St. Anna – Denise Lawson St. Leo – Lisa Champagne A committee meeting was established for the President’s Committee on City Ordinance Review on Tuesday, April 12, 2016 at 6:00 P.M. MEETING ADJOURNED AT 10:12 P.M. ________________________________ Lynn A. Bouchard, City Clerk and Clerk of the City Council