City Council

HEARING BEFORE THE CITY COUNCIL, JULY 25, 2016 Hearing opened at 6:52 P.M. with Councillor Feckley, Chair of the WAYS & MEANS COMMITTEE, presiding. All members were present except Councillor Marchand. The following PETITION was the subject of the hearing: 69-16 Andrew Rome for Classic’s Pub: Approve the License for one pool table at 285 Central Street. Councillor Feckley read the favorable recommendations from the Police Department and the Treasurer. The License Commission requested that the petition be given FURTHER TIME until the Commission can meet with Mr. Rome to discuss the proposed location of the pool tables. No one was there to represent Classic’s Pub. No one in the audience spoke in favor or in opposition of this petition. HEARING ADJOURNED AT 6:54 P.M. ________________________________ Lynn A. Bouchard, City Clerk and Clerk of the City Council HEARING BEFORE THE CITY COUNCIL, JULY 25, 2016 Hearing opened at 7:00 P.M. with Councillor Feckley, Chair of the WAYS & MEANS COMMITTEE, presiding. All members were present except Councillor Marchand. Present at the hearing was Josh Longtin. The following PETITION was the subject of the hearing: 70-16 Josh Longtin for Rye & Thyme: Approve the License for one pool table at 14 Monument Square. Councillor Feckley read the favorable recommendations from the Police Department and the Treasurer. The License Commission requested at the petition be given FURTHER TIME until the Commission can meet with Mr. Longtin to discuss the proposed location of the pool tables. Councillor Cormier said like the night before Thanksgiving when you have these places that are really crowded, is it going to affect how many people that are allowed in there. It is something that the applicant should be aware of if they were to get this license. Councillor Nickel said he is in favor of this petition. He said he knows the room well and it is a fairly decent size room. He said he would go along with FURTHER TIME. If two weeks from now you come down and say where you stand as far as having met with the License Commission and if they haven’t been able to get down there he will be ready to support this regardless. Mr. Longtin said they are meeting upstairs tonight so the next meeting will be two weeks from now. He said he would try to get on the earliest agenda. Councillor Bodanza said why don’t we give the License Commission all the authority on pool tables, he would be fine with that. Councillor Freda said they asked for that before and we didn’t grant it. She said she is confused and doesn’t know why the License Commission has input into this. We never had to go back and forth with them before. We’ve always just given what we thought was comfortable. She said this is a lot of places survival. There are a lot of pool leagues going on and it’s a survival for some places. She said she was surprised they got something from the License Commission asking them to wait. It is out of the ordinary. Councillor Feckley said it was part of the referrals along with the Treasurer’s office. Councillor Freda said she is not sure it is an occupancy issue. Councillor Bodanza said the Building Inspector is the one that sets the occupancy. No one in the audience spoke in favor or in opposition of this petition. HEARING ADJOURNED AT 7:11 P.M. ________________________________ Lynn A. Bouchard, City Clerk and Clerk of the City Council  2 REGULAR MEETING OF THE CITY COUNCIL, JULY 25, 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 Marchand. The Committee on Records reported that the records through June 27, 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 interview with the Retirement Board Appointee. Meeting reconvened at 7:45 P.M. The following COMMUNICATION was received with an EMERGENCY PREAMBLE and referred to the FINANCE COMMITTEE. Vt. 8 “yeas”. Upon recommendation of the FINANCE COMMITTEE the following COMMUNICATION was GRANTED and ORDERED. Vt. 8 “yeas” C-3 Relative to the appropriation of $6,500.00 to the Personnel Department Expense Account; same to be transferred from the Personnel Department Salary and Wages Account. ORDERED: - that the sum of Six Thousand Five Hundred Dollars ($6,500.00) be appropriated to the Personnel Department expense account; same to be transferred from the Personnel Department Salary & Wages Account. RE: Part Time Human Resource Director The following COMMUNICATIONS were received, referred to the FINANCE COMMITTEE and given REGULAR COURSE. C-4 Relative to the appropriation of $10,000.00 to the Police Private Details Fund; same to be transferred from the Stabilization Fund. C-5 Relative to the appropriation of $30,000.00 to the Police Department Salary & Wages Account; same to be raised by Fiscal Year 2017 Revenue. C-6 Relative to the appropriation of $12,000.00 to the Police Department Salary & Wages-Prior Year Account; same to be transferred from the Collective Bargaining Expense Account-Prior Year Account. C-7 Relative to the appropriation of $48,000.00 to the Police Department Salary & Wages Account; same to be raised by Fiscal Year 2017 Revenue. C-8 Relative to the appropriation of $30,000.00 to the Police Department Salary & Wages Account-Prior Year Expenses; same to be transferred from the Collective Bargaining Expense-Prior Year Expense Account. The following PETITIONS were received, referred to the LEGAL AFFAIRS COMMITTEE, given REGULAR COURSE and referred to the Police Department and the Health Director. 1-17 President’s Committee on City Ordinance Review: Request that Chapter 14, Section14-8 be deleted and replaced with a new section 14-8 entitled “Noise Control Ordinance”. 2-17 President’s Committee on City Ordinance Review: Request that Chapter 3, Section 3-2 entitled “Injurious Noise Prohibited” be deleted and replace with the following: “No person, partnership, company, corporation or association leasing or controlling any device (or property) shall willfully, negligently or through failure to provide effective available control technology, shall allow the creation of noise that will cause injury, fatigue, interference with the quiet enjoyment of life and property”. The following PETITION was received, referred to the LEGAL AFFAIRS COMMITTEE, given REGULAR COURSE and referred to the Police Department and the Disability Commission. 3-17 President’s Committee on City Ordinance Review: Request that Chapter 13, Section 13-33 entitled “Schedule of Parking Fines”, Group E, #22 relative to the Handicapped Parking Zone be amended to increase the fine for parking in a handicap zone to $200.00. The following PETITION was received, referred to the LEGAL AFFAIRS COMMITTEE and given REGULAR COURSE, 4-17 President’s Committee on City Ordinance Review: Request that Chapter 10 “Solicitors, Hawkers and Peddlers”, Section 10-2 entitled “Definitions” be revised to add “the foregoing definition shall not include political campaigning”. The following PETITION was received, referred to the PUBLIC SAFETY & TRAFFIC COMMITTEE and given REGULAR COURSE, 5-17 Officer Richard Shea: Request s stop sign to be installed on Roche Avenue at Merriam Avenue for traffic exiting Roche Avenue onto Merriam Avenue.  3 REGULAR MEETING OF THE CITY COUNCIL, JULY 25, 2016, continued The following APPOINTMENTS were received, referred to the WAYS & MEANS COMMITTEE and given REGULAR COURSE. 2016-2017 Election Workers - terms to expire August 31, 2017 Upon recommendation of the WAYS & MEANS COMMITTEE, the following COMMUNICATION was GRANTED. Vt. 8/0 Councillor Nickel abstained from voting on the Montachusett Interfaith Hospitality portion due to a possible conflict of interest. C-1 Dean J. Mazzarella, Mayor: Approve the CDBG Budget/Action Plan for Year 42. Upon request of the WAYS & MEANS COMMITTEE, the following PETITIONS were given FURTHER TIME. Vt. 8/0 67-16 Robert A. Cornetta: Renew the license for two pool tables at Miranda’s Pub located at 488 Lancaster Street. 69-16 Andrew Rome for Classic’s Pub: Approve the License for one pool table at 285 Central Street. Upon request of the WAYS & MEANS COMMITTEE, the following PETITIONS were given FURTHER TIME. Vt. 6/2, Councillors Chalifoux Zephir and Lanciani opposed. Councillor Freda disclosed that her Rotary Club meets at this location every Monday. 70-16 Josh Longtin for Rye & Thyme: Approve the License for one pool table at 14 Monument Square. Upon request of the WAYS & MEANS and LEGAL AFFAIRS COMMITTEES the following PETITION was given LEAVE TO WITHDRAW. Vt. 6/0, Councillor Chalifoux Zephir and Dombrowski abstained due to a possible conflict of interest. 52-16 Mackie Barch, for DO Health Massachusetts, Inc.: Consider and issue a Letter of Municipal Support or Non- Opposition relative to the siting of a Medical Marijuana Facility at 30 Patriots Circle. A motion was made and seconded that the following PETITION be given FURTHER TIME. Vt. 6/1, Councillor Freda opposed. Councillor Dombrowski abstained due to a possible conflict of interest. 53-16 Peter Campobasso, Esquire for Alternative Therapies Group Inc.: Request a local letter of non-opposition to locate a Registered Marijuana Dispensary in the City of Leominster. Upon request of the WAYS & MEANS and LEGAL AFFAIRS COMMITTEES the following PETITION was given FURTHER TIME. Vt. 8/0 54-16 Edward J. Bartlett, Jr., CFO for Middlesex Integrative Medicine: Request a letter of support or non-opposition to operate a registered marijuana dispensary at 25 Mohawk Drive. Upon request of the WAYS & MEANS and LEGAL AFFAIRS COMMITTEES the following PETITION was given FURTHER TIME. Vt. 6/1, Councillor Freda opposed. Councillor Dombrowski abstained due to a possible conflict of interest. 65-16 Pat Scorzelli-Agent for Prime Wellness Centers, Inc.: Request a local letter of municipal support and non-opposition for the siting and establishment of a Registered Medical Marijuana Dispensary in the City of Leominster on Locke Drive. Councillor Bodanza, Chair of the FINANCE COMMITTEE, read the Financial Report for the City into the record. Account balances are as follows: Stabilization Account $14,001,474.15 Upon recommendation of the FINANCE COMMITTEE, the following COMMUNICATION was GRANTED and ORDERED. Vt. 5 “yeas” and 3 “nays”, Councillor Feckley, Nickel and Cormier opposed. C-2 Relative to the appropriation of $70,400.00 to the Cemetery Salary & Wages account; same to be transferred from the Cemetery Perpetual Care-Income Account. ORDERED: - that the sum of Seventy Thousand Four Hundred Dollars ($70,400.00) be appropriated to the Cemetery Salary & Wages Account; same to be transferred from the Cemetery Perpetual Care-Income Account. RE: Fiscal Year 2017 costs for laborer, part-time clerical and summer help Laborer $40,573.00 Part-time clerical $15,281.00 Summer help $14,546.00  4 REGULAR MEETING OF THE CITY COUNCIL, JULY 25, 2016, continued Upon recommendation of the WAYS & MEANS COMMITTEE, the following APPOINTMENT was CONFIRMED. Vt. 8/0 Retirement Board – Douglas Farwell – term to expire July 25, 2019 The following ORDINANCES were read once and ADOPTED as presented. Vt.8 “yeas” 1st Reading Ordinance – Amend Chapter 22, of the Revised Ordinances, entitled Zoning to amend Section 22-40.3 “Table of Dimensional Regulations” so that the building height in the RC District with lots of at least five acres in area will have a maximum of 40 feet in height. 1st Reading Ordinance – Amend Chapter 22 of the Revised Ordinances entitled “Zoning” by changing the Leominster Zoning Map, so that a 21,840 square foot parcel, more or less, identified as Assessors’ Map 317, Parcel 7A, is designated as located in zoning district Residence C (RC). A joint meeting of the Ways & Means and Legal Affairs Committees was established on August 10, 2016 at 5:30 P.M. MEETING ADJOURNED AT 9:50 P.M. ________________________________ Lynn A. Bouchard, City Clerk and Clerk of the City Council