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City Council

Regular Meeting

Leominster, MA · January 23, 2017

AgendaMinutes

Minutes

HEARING BEFORE THE CITY COUNCIL, JANUARY 23, 2017 Hearing opened at 6:20 P.M. with Councillor Freda, Chair of the PUBLIC SERVICE COMMITTEE, presiding. All members were present except Councillor Dombrowski. The following PETITION was the subject of the hearing: 32-17 National Grid and Verizon New England: McKinley Street – Install one jointly owned pole on McKinley Street beginning at a point approximately 150 feet north of the centerline of the intersection of Starr Street and McKinley Street. Steven Soucy of National Grid said this pole petition has a typo. He said it should read pole 10 in front of 110 Starr Street. He said between pole 10 and pole 3 on McKinley Street they are planning on putting another pole just for system improvement. It is a very long span over 200 feet. It will be in front of 43 McKinley Street about 12 feet before their driveway. He said they were installing a new pole. Councillor Freda asked how soon this has to be done and if a new one could be submitted. Mr. Soucy said yes, they could do that. Councillor Freda said before you came in we were discussing a message that was sent by the prior Chair of Public Service to National Grid. Councillor Feckley said Councillor Nickel discussed this with Mr. Varney at the December 12th meeting and indicated he was going to recommend the Committee to grant the petition that was before us that evening but wanted Mr. Varney to go back to his boss and give him the word that as far as he is concerned any new petitions will not be acted on until action is taken to get the pole at the corner of Mechanic Street and Johnson Street straightened out. Mr. Soucy said they are widening the road and there is a pole that is now 4 feet in from the new sidewalk. Councillor Freda said she would like to get an answer to this and get an update on double poles. Councillor Freda said she would rather give this leave to withdraw and submit a new one for the next meeting with the right information. Councillor Marchand said if a new petition is submitted and 6-8 weeks doesn’t work for you for the installation of the pole then amending the petition might be the way to go. He recommended to give the petition further time. He also asked Mr. Soucy to have National Grid revisit the pole on the corner of Orchard Street and West Street that is leaning. It is a safety hazard. Councillor Freda suggested that the Councillors that have issues with poles in their wards submit them to the Clerk to be submitted to National Grid. No one in the audience spoke in favor or in opposition of the petition. MEETING ADJOURNED AT 6:23 P.M. ________________________________ Lynn A. Bouchard, City Clerk and Clerk of the City Council HEARING BEFORE THE CITY COUNCIL, JANUARY 23, 2017 Hearing opened at 6:34 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 13, Section 13-77 of the Revised Ordinances entitled “Stop Signs” by inserting “Winter Street against southbound drivers at Walnut Street. No one in the audience spoke in favor or in opposition of the ordinance. No Councillors spoke. MEETING ADJOURNED AT 6:36 P.M. ________________________________ Lynn A. Bouchard, City Clerk and Clerk of the City Council 2 HEARING BEFORE THE CITY COUNCIL, JANUARY 23, 2017 Hearing opened at 6:36 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 21, Article II, Section 21-11.1 of the Revised Ordinances entitled “Water User Rate Schedule” by deleting said section in its entirety and inserting in its place a new rate schedule. Jack Kinsey of 556 Central Street spoke in support of the ordinance but is concerned how the increase will affect everyone even people on fixed budgets and hopes the Council will take that into consideration. No Councillors spoke. MEETING ADJOURNED AT 6:38 P.M. ________________________________ Lynn A. Bouchard, City Clerk and Clerk of the City Council HEARING BEFORE THE CITY COUNCIL, JANUARY 23, 2017 Hearing opened at 6:38 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 21, Article III, Section 21-22.3 of the Revised Ordinances by deleting in its entirety and inserting a new sewer rate schedule. No one in the audience spoke in favor or in opposition of the ordinance. No Councillors spoke. MEETING ADJOURNED AT 6:39 P.M. ________________________________ Lynn A. Bouchard, City Clerk and Clerk of the City Council HEARING BEFORE THE CITY COUNCIL, JANUARY 23, 2017 Hearing opened at 6:40 P.M. with Councillor Freda, Clerk of the LEGAL AFFAIRS COMMITTEE, presiding. All members were present except Councillor Dombrowski. This hearing is continued from January 9, 2017. Present at the hearing was Agent-Pat Scorzelli, CEO-John Glowik and DOS-Frank Matthews. The following PETITION was the subject of the hearing: 28-17 Prime Wellness Centers, Inc.: Grant a Special Permit for the use of a new building for the purpose of a Medical Marijuana Dispensary on Lock Drive. Mr. Scorzelli said the Conservation Agent has all the paperwork that was requested and the Planning Director received a set of plans today for the building which shows the building, elevations, room layouts and other things that can be in the public purview. He said everything he thinks the Council will want was addressed at the State level and is also a requirement before receiving a letter to come before this board. Most of the technical details and some of the things that are redacted from public access are submitted at the State level and approved at the State level. We feel pretty confident that they have had a comprehensive look at this and carefully listened to this Council. We are here to finish the process. Councillor Freda asked if they are scheduled on the Planning Board agenda for a public hearing. Mr. Scorzelli said they don’t have to go back to the Planning Board. All the Planning Board will do is make a recommendation to this Council. When we got Site Plan Approval long ago it came up to what the use was going to be and there was a difference of opinion and co-chair Vittorioso felt the use was strictly the responsibility of this Council that we met Site Plan Approval that is in a floodplain, had conservation issues but just another building at the end of Lock Drive. What makes it distinguished is why we are here. We are looking for a Special Permit based on the zoning to be allowed the use. 3 HEARING BEFORE THE CITY COUNCIL, JANUARY 23, 2017, continued Mr. Scorzelli said the Planning Board was looking for architectural and landscaping plans which the State doesn’t require for safety reasons. He said he told the Planning Director that they will prepare a single sheet landscape plan to go along with these plans. It won’t look baron and will have some beauty to it. It will look like a GNC or a CVS. Councillor Freda read a letter from the Planning Director dated December 16, 2016. Dear Lynn, At the regularly scheduled Planning Board meeting on December 5, 2016, the Planning Board unanimously voted to not recommend approval of the Special Permit based on the information provided. John Souza requested additional information, specifically an exterior site plan that includes the building layout, landscaping and other details of the site as required as part of the Architectural Review process for State licensure. Once provided, this additional information will be reviewed at a future Planning Board meeting and the Board will reconsider this request for recommendation. If you have any questions please do not hesitate to contact my office at 978-534-7525 ext. 256. Sincerely, Kristen E. A. Kelly, GISP Planning Director Mr. Scorzelli said he believes it is through the City Council and not a requirement that they appear in front of the Planning Board. There is nothing that he knows of that requires them to go back for anything more than Site Plan Approval. You asked them for a recommendation and they are saying they need more to make a positive/ negative recommendation. Our position is that it’s this body. It’s not for him to go to a separate Planning Board meeting because there is nothing the Planning Board has jurisdiction over. Councillor Freda said but at this point we are sitting with a negative recommendation. Mr. Scorzelli said he can supply the Council the information so that you can send it back out for recommendation. Councillor Freda said we need to clarify that. This is new to everybody. The State can’t get it right. Mr. Scorzelli said he has a set of plans that show building elevations, building layout, the facility that will be built and how it will be built. A set of plans will be left for the Council. Councillor Freda asked if the plans were confidential. Mr. Scorzelli said no. Councillor Freda asked if he had the plans on a board so the public can see. Mr. Scorzelli said he just received them at 4:00 P.M. today. Councillor Chalifoux Zephir said in the letter from the Planning Director, Mr. Souza was looking for information really on the site, mainly landscaping and other details required by Architectural Review process for State licensure. You must have that material because you presented it to the State, is that right? Mr. Glowik said yes, he spoke to the State and they received approval in mid-November from the State to move forward. For the landscaping it was not their intention to have bushes and trees that would block the cameras to help protect their prospective buyers coming to and from the building. The security systems were outlined exactly by the company used and have been approved by the state. It was about a 63 page document they had to submit for the Architectural Review. Councillor Chalifoux Zephir asked if the document had exterior plans which he is looking for. Mr. Scorzelli said no, the State doesn’t physically see it, it is a narrative. Councillor Chalifoux Zephir said we have a letter from the Conservation Agent that says the applicant has not addressed the comments submitted by DEP, and thus the Order of Conditions DEP File #199-1036 allowing for the construction of the facility has not yet been issued by the Conservation Commission. She asked if they have received an Order of Conditions. Mr. Scorzelli said everything is done. If you ask him for an updated recommendation you will see it is all taken care of. Councillor Freda asked Mr. Scorzelli if the Council has everything that was submitted to the State. Mr. Scorzelli said yes. Councillor Bodanza said with respect to the Planning Board we requested their recommendation. We don’t have to follow it, we typically do so from his perspective it would behoove you to go back there and create a positive recommendation. He asked if the Community Host Agreement was executed. Mr. Scorzelli said they have met with the Mayor and they are waiting for his response. Councillor Bodanza said we need that executed before we can issue the Special Permit. Councillor Marchand said he echoes the comments regarding having a unified effort between the Planning Board and the City Council, and other boards. We need to be as transparent as we possibly can. He said please don’t underestimate the information he needs as a senior member of the City Councillor in order to make an intellectual decision at the end of the day on a Special Permit. He said you eluded to the fact that you don’t think there are certain things the Council needs, we need everything. Whether you feel 4 HEARING BEFORE THE CITY COUNCIL, JANUARY 23, 2017, continued that we need it or not it is important that we have it. We need to see that unified effort with all the boards and commissions that you are working with behind the scenes to make sure everything is in harmony. Councillor Cormier said on December 8th, the Police Chief issued a recommendation seeing no reason to deny the Special Permit. Have you had a conversation with him? Mr. Matthew said they talked about the open communication that they will have and when they do the security placement he would be involved where things are going to be along with the Fire Chief. We will have a complete open dialog. What is important now is that we have a footprint plan and we will go back to the security group to place the cameras. There will be about 80 individual contacts, cameras, access readers throughout the building. After they are placed on the plan we will go back to the Chief. Councillor Cormier asked if someone will be at the door as people come, checking ID’s that are going in that building. Mr. Matthew said yes, that is part of the process and you cannot deviate from it. Mr. Scorzelli said they come into a secure area first and cannot penetrate the building. They are basically coming into an airlock. They are identified and checked out and if they pass all their necessary credentials then they are allowed in to the interior of the building. Mr. Matthew said DPH requirements are stringent which is great and makes his job a lot easier. If he satisfies all those requirements going forward, then he is ensured. There will be additional layers established by us but it is really a tight situation who gets on the property, how you get there and what you have to have to show for identification beforehand, where you get access as to whether you are waiting to be seen or not. There will be no loitering outside the facility. There will be a security representative seated there every minute it is open. Councillor Freda asked Mr. Matthew what he had when he met with the Police Chief. Mr. Glowik said it was early on went they went there to explain exactly what type of equipment Mr. Matthew was bringing up to him. They showed what they had in Connecticut consisting of the floor plan and camera setup. It is the same thing that will be done when the plans are in effect in Leominster. We want to make sure the Police Chief and the Fire Chief both know where these items are. They will be brought through with a follow up once they build the building. At that point the Director of Security will bring them through and explain exactly each individual piece and where it goes. He said this is something that we have to do in every State and when we submit to the Department of Public Health they said ISG is a top flight firm and we know what you are doing. He said they were the first in the State to get the okay to go back and start doing the plans. That’s what they gave us, was the okay, now you can do your plans and bring them to the respective cities or towns and give them the plans so the Building Inspector can see what is being done. You couldn’t do that before you got their okay. It is part of the process the State put in place. Mr. Matthew said the Police Chief might want add-ons like a direct line from the facility directly to the front desk of the police station and want 24 hour access to see the video cameras, things like that and will be incorporated. Councillor Lanciani said he has a daughter who lives in Colorado Springs and she says “Dad, you don’t want this”, and she sees this happening every day and my opinion is we don’t need it but the State says yes and giving you the opportunity to apply for a permit and said you have done an excellent job of going to the State answering their questions and sitting here. You are showing the professionalism you have as a company that is going to be providing marijuana within the Commonwealth and the City of Leominster. You are going to have obstacles in the way and the only way you can get around them is doing what you are doing, answering the questions, coming here and listen to what the Councillors have to say and going back to the Planning Board and Conservation and wherever you have to so you can come back with a plan that is efficient and the vote will be favorable. Mr. Scorzelli said he is 99.9% sure Conservation has been dealt with since our last meeting. Everything that Mr. Bangrazi asked for in that letter and since he has been supplied. He will tell Mr. Bangrazi he needs to follow up if he is satisfied. He said the Planning Board doesn’t know how to next advance because it is his next task so we should continue the hearing. He hopes to get in front of the Planning Board within the next few weeks. Speaking in favor of the petition was Alberta Johnson of 28 Aloe Drive. MEETING ADJOURNED AT 7:16 P.M. AND CONTINUED TO FEBRUARY 27, 2017 AT 7:00 P.M. ________________________________ Lynn A. Bouchard, City Clerk and Clerk of the City Council HEARING BEFORE THE CITY COUNCIL, JANUARY 23, 2017 Hearing opened at 7:16 P.M. with Councillor Dombrowski, Chair of the LEGAL AFFAIRS COMMITTEE, presiding. All members were present. The following PETITION was the subject of the hearing: 21-17 Kristen Kelly on behalf of the Planning Board: Adopt a new Zoning Ordinance regarding the installation of Solar Energy. 5 HEARING BEFORE THE CITY COUNCIL, JANUARY 23, 2017, continued A request from the applicant to continue the hearing was received. No one in the audience spoke in favor or in opposition regarding this petition. MEETING ADJOURNED AT 7:18 P.M. AND CONTINUED TO FEBRUARY 13, 2017 AT 6:40 P.M. ________________________________ Lynn A. Bouchard, City Clerk and Clerk of the City Council HEARING BEFORE THE CITY COUNCIL, JANUARY 23, 2017 Hearing opened at 7:18 P.M. with Councillor Dombrowski, Chair of the LEGAL AFFAIRS COMMITTEE, presiding. All members were present. The following PETITION was the subject of the hearing: 22-17 Kristen Kelly on behalf of the Planning Board: Update the Zoning Ordinance Table of Uses to modify the applicability of Energy Systems, Renewable and to add two new uses, On Site Solar System and Off Site Solar System. A request from the applicant to continue the hearing was received. No one in the audience spoke in favor or in opposition regarding this petition. MEETING ADJOURNED AT 7:19 P.M. AND CONTINUED TO FEBRUARY 13, 2017 AT 6:45 P.M. ________________________________ Lynn A. Bouchard, City Clerk and Clerk of the City Council HEARING BEFORE THE CITY COUNCIL, JANUARY 23, 2017 Hearing opened at 7:19 P.M. with Councillor Dombrowski, Chair of the LEGAL AFFAIRS COMMITTEE, presiding. All members were present. The following PETITION was the subject of the hearing: 23-17 Kristen Kelly on behalf of the Planning Board: Update the definition of “Energy System, Renewable” and create definitions for “Solar Energy System for On Site Use” and “Solar Energy System for Off Site Use”. A request from the applicant to continue the hearing was received. No one in the audience spoke in favor or in opposition regarding this petition. MEETING ADJOURNED AT 7:20 P.M. AND CONTINUED TO FEBRUARY 13, 2017 AT 6:50 P.M. ________________________________ Lynn A. Bouchard, City Clerk and Clerk of the City Council HEARING BEFORE THE CITY COUNCIL, JANUARY 23, 2017 Hearing opened at 7:20 P.M. with Councillor Dombrowski, Chair of the LEGAL AFFAIRS COMMITTEE, presiding. All members were present. The following PETITION was the subject of the hearing: 24-17 Kristen Kelly on behalf of the Planning Board: Amend Section 22-62.3.7 of the Leominster Zoning Ordinances by removing the words “and always within the right-of-way”. 6 HEARING BEFORE THE CITY COUNCIL, JANUARY 23, 2017, continued A request from the applicant to continue the hearing was received. No one in the audience spoke in favor or in opposition regarding this petition. MEETING ADJOURNED AT 7:21 P.M. AND CONTINUED TO FEBRUARY 13, 2017 AT 6:55 P.M. ________________________________ Lynn A. Bouchard, City Clerk and Clerk of the City Council REGULAR MEETING OF THE CITY COUNCIL, JANUARY 23, 2017 Meeting was called to order at 7:30 P.M. Attendance was taken by a roll call vote; all members were present. The Committee on Records reported that the records through January 9, 2017 were examined. The minutes were amended to reflect the vote on the Resolution removing Councillor Freda and inserting Councillor Feckley as voting nay. They were also amended to reflect Councillor Freda’s remarks regarding Rule 31 of the Rules and Procedures. The records were accepted. A recess was called at 7:34 P.M. to conduct hearings, have an informational meeting and hold a public forum. Meeting reconvened at 8:10 P.M. The following COMMUNICATIONS were received, referred to the FINANCE COMMITTEE and given REGULAR COURSE. C-47 Relative to the appropriation of $22,600.00 to the Police Department Expense Account; same to be transferred from the Stabilization Fund. C-48 Relative to the appropriation of $5,000.00 to the Police Department Salary and Wages Account; same to be transferred from the Police Salary and Wages Account. C-49 Relative to the appropriation of $150,000.00 to the Police Overtime Account, same to be transferred from the Stabilization Fund. C-50 Relative to the appropriation of $10,000.00 to the Election and Registration Expense Account; same to be transferred from the Stabilization Fund. The following PETITION was received, referred to the LEGAL AFFAIRS COMMITTEE, given REGULAR COURSE and referred to the Police Department. 33-17 Claire Freda: Reduce the speed limit on Beth Avenue from Willard Street to Central Street to 25 mph. The following PETITION was received, referred to the LEGAL AFFAIRS COMMITTEE, given REGULAR COURSE and referred to the Mayor, the Comptroller, the Treasurer and the Economic Development Co-Ordinator. 34-17 Claire Freda: Raise the current room occupancy tax to 6% from the present 4% as allowed by M.G.L. Chapter 64G, Section 3A. The following PETITION was received, referred to the LEGAL AFFAIRS COMMITTEE, given REGULAR COURSE and referred to the Planning Director, the Planning Board, the Zoning Board of Appeals and the Director of Inspections. A hearing was set for March 13, 2017 at 7:00 P.M. 35-17 Kristen Kelly on behalf of the Planning Board: Modify section 22-50.4.1 of the Leominster Zoning Ordinance to remove the words “shall service no more than two (2) lots” and replace with “are not permitted”. Upon request of the LEGAL AFFAIRS COMMITTEE, the following PETITION was given FURTHER TIME. Vt. 8/0. (The hearing was continued to February 13, 2017 at 6:40 P.M.) 21-17 Kristen Kelly on behalf of the Planning Board: Adopt a new Zoning Ordinance regarding the installation of Solar Energy. Upon request of the LEGAL AFFAIRS COMMITTEE, the following PETITION was given FURTHER TIME. Vt. 8/0. (The hearing was continued to February 13, 2017 at 6:45 P.M.) 7 REGULAR MEETING OF THE CITY COUNCIL, JANUARY 23, 2017, continued 22-17 Kristen Kelly on behalf of the Planning Board: Update the Zoning Ordinance Table of Uses to modify the applicability of Energy Systems, Renewable and to add two new uses, On Site Solar System and Off Site Solar System. Upon request of the LEGAL AFFAIRS COMMITTEE, the following PETITION was given FURTHER TIME. Vt. 8/0. (The hearing was continued to February 13, 2017 at 6:50 P.M.) 23-17 Kristen Kelly on behalf of the Planning Board: Update the definition of “Energy System, Renewable” and create definitions for “Solar Energy System for On Site Use” and “Solar Energy System for Off Site Use”. Upon request of the LEGAL AFFAIRS COMMITTEE, the following PETITION was given FURTHER TIME. Vt. 8/0. (The hearing was continued to February 13, 2017 at 6:55 P.M.) 24-17 Kristen Kelly on behalf of the Planning Board: Amend Section 22-62.3.7 of the Leominster Zoning Ordinances by removing the words “and always within the right-of-way”. Upon request of the LEGAL AFFAIRS COMMITTEE, the following PETITION was given FURTHER TIME. Vt. 7/0, Councillor Dombrowski abstained due to a possible conflict of interest. (The hearing was continued to February 27, 2017 at 7:00 P.M.) 28-17 Prime Wellness Centers, Inc.: Grant a Special Permit for the use of a new building for the purpose of a Medical Marijuana Dispensary on Lock Drive. Upon request of the LEGAL AFFAIRS COMMITTEE, the following PETITION was given FURTHER TIME. Vt. 8/0. (The hearing is scheduled for February 13, 2017 at 7:00 P.M.) 29-17 James Whitney: Rezone parcels 503-3-1, 503-3-2, 503-3-3 and 503-3-4 from Industrial to Mixed Use (MU1) at the entryway of the Southgate Business Park. (Hearing set for February 13, 2017 at 7:00 P.M.) Upon recommendation of the LEGAL AFFAIRS COMMITTEE, the following PETITIONS were GRANTED. Vt. 8/0 30-17 Mark C. Bodanza: Amend Section 13-77 of the Leominster Municipal Code entitled “Stop Sign” by adding a stop sign for west bound traffic on Kendall Hill Road at the intersection of Old Tavern Road. 31-17 Mark C. Bodanza: Amend Section 13-77 of the Leominster Municipal Code entitled “Stop Signs” by adding a stop sign for northeast bound traffic on Kendall Hill Road at the intersection of West Street. Councillor Bodanza, member of the FINANCE COMMITTEE, read the Financial Report for the City into the record. Account balances are as follows: Stabilization Account $12,307,934.75 Upon recommendation of the FINANCE COMMITTEE, the following COMMUNICATIONS were GRANTED and ORDERED. Vt. 8 “yeas” C-44 Relative to the appropriation of $10,000.00 to the Cemetery Expense Account; same to be transferred from the Cemetery Perpetual Care Income Account. ORDERED: - that the sum of Ten Thousand Dollars ($10,000.00) be appropriated to the Cemetery Expense Account Same to be transferred from the Cemetery Perpetual Care Income Account. RE: Ramp for Cemetery Chapel C-45 Relative to the appropriation of $60,000.00 to the Gallagher Building Salary & Wages Account; same to be transferred from the Gallagher Building Revolving Fund. ORDERED: - that the sum of Sixty Thousand Dollars ($60,000.00) be appropriated to the Gallagher Building Salary & Wages Account; same to be transferred from the Gallagher Building Revolving Fund. RE: Craftsman Salary, Maintenance overtime Related to Gallagher Building Upon request of the PUBLIC SERVICE COMMITTEE, the following PETITION was AMENDED and given FURTHER TIME. Vt. 7/0, Councillor Cormier abstained due to a possible conflict of interest. Amended to read Pole 10 not Pole 110. 32-17 National Grid and Verizon New England: McKinley Street – Install one jointly owned pole on McKinley Street beginning at a point approximately 150 feet north of the centerline of the intersection of Starr Street and McKinley Street. 8 REGULAR MEETING OF THE CITY COUNCIL, JANUARY 23, 2017, continued Upon recommendation of the SMALL BUSINESS AND ECONOMIC DEVELOPMENT COMMITTEE, the following COMMUNICATION was GRANTED. Vt. 8 “yeas” C-46 Dean J. Mazzarella, Mayor: Request the Council approve the Housing Development Incentive Program for the upcoming housing project located at 45 Summer Street. The following ORDINANCE was read a second time, ADOPTED as presented and passed to be ordained. Vt. 8 “yeas”. The City of Leominster In the year two thousand and seventeen AN ORDINANCE Amending Chapter 13 of the Revised Ordinances entitled “Motor Vehicles and Traffic.” Be it ordained by the City Council of the City of Leominster, as follows: Section 13-77 of the Revised Ordinances entitled “Stop Signs” is hereby amended by inserting the following: Winter Street, against southbound drivers at Walnut Street. _____________________ The following ORDINANCES were read a second time, ADOPTED as presented and passed to be ordained. Vt. 7 “yeas”, Councillor Chalifoux Zephir abstained due to a possible conflict of interest. The City of Leominster In the year two thousand and seventeen AN ORDINANCE Amending Chapter 21 of the Revised Ordinances entitled “Water and Sewer.” Be it ordained by the City Council of the City of Leominster, as follows: Chapter 21, Article II, Section 21-11.1 of the Revised Ordinances entitled “Water User Rate Schedule” is hereby amended by deleting the provision for metered rates within and outside the city and inserting in its place the following: Metered rates per unit, 4 units and over – effective December 1, 2016 Within City $3.67 per unit Outside the City $4.75 per unit Metered rates per unit, 4 units and over – effective April 1, 2018 Within City $3.78 per unit Outside the City $4.89 per unit _______________________ The City of Leominster In the year two thousand and seventeen AN ORDINANCE Amending Chapter 21 of the Revised Ordinances entitled “Water and Sewer.” Be it ordained by the City Council of the City of Leominster, as follows: Chapter 21, Article III, Section 21-22.3 of the Revised Ordinances is hereby amended by adding the following rate provisions and by deleting the corresponding rates from prior years: User Class Factor Unit Rate Residential (includes low strength metered industrial) (As of December 1, 2016 water 100 cu. Ft. $4.09 (As of April 1, 2018) $4.21 Minimum sewer charge per quarter $20.00 9 REGULAR MEETING OF THE CITY COUNCIL, JANUARY 23, 2017, continued Lunenburg (As of December 1, 2016) Per Intermunicipal Agreement Dated metered $4.71 June 24, 1999 water 100 cu. Ft. (As of April 1, 2018) $4.85 metered $8.36 Out of City (As of December 1, 2016) water 100 cu. Ft. (As of April 1, 2018) $8.61 ___________________________ Under Old Business and upon recommendation of the WAYS & MEANS COMMITTEE, the following nomination was CONFIRMED. Vt. 7 “yeas” and 1 “nay”, Councillor Freda opposed. Election of Assistant City Clerk – Amanda Alford - term to expire April 15, 2018 (to fill the unexpired term of Brenda Parisi after her retirement on January 27, 2017) Upon recommendation of the WAYS & MEANS COMMITTEE, Stephen Maddaus of Merrick O’Connor was chosen as legal counsel for the City Council.Vt. 8/0 MEETING ADJOURNED AT 9:15 P.M. ________________________________ Lynn A. Bouchard, City Clerk and Clerk of the City Council

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