City Council

CITY OF LEOMINSTER IN CITY COUNCIL REGULAR MEETING OF JUNE 11, 2018 HEARING BEFORE THE CITY COUNCIL, 6:20 P.M. Hearing opened at 6:20 P.M. with Councillor Freda, Chair of the SERVICE COMMITTEE, presiding. All members were present. The following PETITION was the subject of hearing: 70-18 National Grid: Central Street – Install one singular owned pole on Central Street beginning at a point approximately 20 feet west of the centerline of the intersection of 1155 Central Street. (Public Service). Mark Tapley spoke on behalf of National Grid. This pole would be replace an anchor that is in an old rotting tree. They will be taking the anchor out of the tree and placing it into a more secured pole. No one in the audience spoke in favor or opposition of the petition. HEARING ADJOURNED AT 6:23 P.M. HEARING BEFORE THE CITY COUNCIL, 6:25 P.M. Hearing opened at 6:25 P.M. with Councillor Freda, Chair of the SERVICE COMMITTEE, presiding. All members were present. 71-18 National Grid and Verizon New England, Inc.: Grant Street - Install one jointly owned pole on Grant Street beginning at a point approximately 370 feet northwest of the centerline of the intersection of Central Street and continuing approximately 16 feet in a north direction. (Public Service). Mark Tapley spoke on behalf of National Grid. He stated that this pole would service a garage located on the owner’s property on 524 Grant Street. It will be an underground so that there won’t be visible lines going across his yard. No one in the audience spoke in favor or opposition of the petition. HEARING ADJOURNED AT 6:28 P.M Page | 1 HEARING BEFORE THE CITY COUNCIL, 6:30 P.M. Hearing opened at 6:30 P.M. with Councillor Dombrowski, Chair of the LEGAL AFFAIRS COMMITTEE presiding. All members were present. 41-18 Kristen Kelly, Planning Director: Amend Article XI, Section 22-60 of the Leominster Zoning Ordinance to add language requiring Deep Observation Hole Testing for storm water infiltration/detention areas. Kristen Kelly, Planning Director gave a brief summary of petition. It is a requirement by DPW for site plan approval and it was a request by Mark to have ordinance amended to add this language. The test determines the soil profile and water observation. Recommendation from Planning Board to amend proposed language. Mark Pierini, Assistant Director of Public Works, stated it is similar to septic system when the board of health does their inspections. This will be a deep hole inspection to monitor drainage calculations. If done correctly, it avoids future problems. No one in the audience spoke in favor or opposition of the petition. HEARING ADJOURNED AT 6:39 P. M. HEARING BEFORE THE CITY COUNCIL, 6:45 P.M. Hearing opened at 6:45 P.M. with Councillor Freda, Clerk of the LEGAL AFFAIRS COMMITTEE presiding. All members were present. Councillor Dombrowski abstained from the hearing due to a possible conflict of interest. 39-18 Prime Wellness Centers: Grant a Special Permit to build a medical marijuana cultivation facility located at 1771 Lock Drive. The petitioner, Margot Xarras request to table the petition, leaving the hearing open. Council President Marchand read a letter into the minutes from Mr. Glowic stating they will stay with medical marijuana cultivation facility not a recreational facility. Councillor Marchand would like to get an opinion from the City Solicitor to see how long a petition can be tabled. No one in the audience spoke in favor or opposition of the petition. HEARING ADJOURNED AT 6:50 P. M. Page | 2 HEARING BEFORE THE CITY COUNCIL, 7:00 P.M. Hearing opened at 7:00 P.M. with Councillor Dombrowski, Chair of the LEGAL AFFAIRS COMMITTEE presiding. All members were present. 40-18 Kristen Kelly, Planning Director: Amend Article XVIII, Section 22-105 of the Leominster Zoning Ordinance to include language regarding recreational marijuana facilities. Kristen Kelly, Planning Director, stated there is a draft ordinance that they would like to add with additional language. An updated map of the buffer zones from schools, parks, playgrounds, residential zones, will be included as well. Councillor Bodanza stated if we do not have zoning ordinance or buffer zones in place, it would allow potential purveyors to open a marijuana facility anywhere. This ordinance will limit the number marijuana facilities within the city. No one in the audience spoke in favor or opposition of the petition. Councillor Dombrowski made a recommendation for further time, and a public hearing to be continued to June 25, 2018 at 6:30 P.M. HEARING ADJOURNED AT 7:07 P. M. PUBLIC FORUM, 7:15 P.M Kristen Kelly spoke in support of the CDBG Year 44 Action Plan. • Total funding allocation has been increase over 30k more than current year • Offers more to public services • Helps families and children • Funding Beacon of Hope. • Homeless • City recreation programs • State pool, pool passes for families. • Financial Assistance to elderly. Jim Whitney of 50 Old Mill Road, spoke in regards a matter under Old Business, 98 Adams Street (previous allegation raised at the May 14, 2018 meeting), a project he owns. Would like the council to discuss reading unverified, unsigned letters. He believes it was an embarrassment to him and the council. A client of his had watched the May 14, 2018 meeting and thought the discussion of that meeting would affect his business. INTERVIEW WITH NEW APPOINTEES, 7:26 P.M Page | 3 Council on Aging, Larry Gianakis, Sr. – Term to expire April 15, 2021 • Lived in Leominster for over 50 years. • Owned a restaurant in Leominster for over 20 year, The Red Checker. • Member of senior when he turned 65. • Interested in position so he could help, volunteer, serve, and provide rides to the seniors. REGULAR MEETING OF THE CITY COUNCIL CALLED TO ORDER AT 7:30 P.M. ROLL CALL OF COUNCILLORS IN ATTENDANCE APPROVAL OF RECORDS PRESENTED BY THE VICE PRESIDENT A recess was called 7:32 P.M. to continue interviews with appointees. Emergency Management, Rehab Unit, Tyler Yalian • A letter of recommendation from Charlie Cogins, Emergency Management Director, read into the records. • Currently a volunteer at the Harvard Fire Explorer Program for over 4 years now. • Participates in rehab efforts. • Leominster resident for over 3 years. His home known as “The Christmas House”, because of his Christmas displays, and collects to toys for tots. REGULAR MEETING OF THE CITY COUNCIL, JUNE 11, 2018, reconvened at 7:38 P.M. COMMUNICATIONS All of the communications below were received, referred to the FINANCE COMMITTEE and given REGULAR COURSE: C-67 Relative to the appropriation of $40,000.00 to the Library Department Expense Account; same to be transferred from the Library Department Salary & Wages Account. C-68 Relative to the appropriation of $50,000.00 to the Police Department Overtime Account; same to be transferred from the Police Department Salary & Wages Account. C-69 Relative to the appropriation of $8,000.00 to the Police Department Capital Outlay Expense Account; same to be transferred from the Excess and Deficiency Account. C-70 Relative to the appropriation of $90,000.00 to the Recreation Department Capital Outlay Expense Account; same to be transferred from the Excess and Deficiency Account. Page | 4 C-71 Relative to the appropriation of $2,500.00 to the Emergency Management Agency Expense Account; same to be transferred from the Excess and Deficiency Account. C-72 Relative to the appropriation of $21,300.00 to the Emergency Management Agency Salary & Wages Account; same to be transferred from the Collective Bargaining Expense Account. C-73 Relative to the appropriation of $25,609.00 to the City Clerk Salary & Wages Account; same to be transferred from the Excess and Deficiency Account. C-74 Relative to the appropriation of $10,000.00 to the Medicare Expense Account; same to be transferred from the Collective Bargaining Expense Account. C-75 Relative to the appropriation of $265,000.00 to the FY 2019 School Department Expense Account; same to be raised by Fiscal Year 2019 Revenue. The following COMMUNICATIONS were received, referred to the FINANCE COMMITTEE, and given REGULAR COURSE. By a vote of 9/0, a hearing for communication C-76, C-77, and C-78, scheduled for June 25, 2018 at 7:00 P.M. C-76 Relative to the appropriation of $124,444,352.00 to the Fiscal Year 2019 General Fund Budget; same to be raised/offset by Fiscal Year 2019 Revenue. C-77 Relative to the appropriation of $5,827,108.00 to the Fiscal Year 2019 Water Department Budget; same to be raised by Fiscal Year 2019 Water Rates as authorized by Massachusetts General Law Chapter 44 Section 53E. C-78 Relative to the appropriation of $5,471,083.00 to the Fiscal Year 2019 Sewer Department Budget; same to be raised/offset by Fiscal Year 2019 Sewer Rates as authorized by Massachusetts General Law Chapter 44 Section 53E. PETITIONS – FIRST TIME ON THE CALENDAR Referred to the PUBLIC SAFETY COMMITTEE: the following PETITIONS were giving REGULAR COURSE, with referrals from Department of Public Works, Mary, Planning, Police and Wire Inspector. 72-18 David R. Cormier: Install a street light on Pole #10 on Independence Drive. 73-18 David R. Cormier: Install a street light on Pole # 12 on Bicentennial Avenue. 74-18 David R. Cormier: Install a street light on Pole #4 on Flintlock Drive. Page | 5 75-18 David R. Cormier: Install a street light on Pole #5 on Bicentennial Avenue. 76-18 David R. Cormier: Install a street light on Pole #2 on Drummer Lane. 77-18 David R. Cormier: Install a street light on Pole #4 on Indian Ridge Drive. 78-18 David R. Cormier: Request to install a street light on Pole #2 on Bicentennial Avenue. GRANTED PETITIONS – WAYS AND MEAN and VETERANS AFFRAIRS COMMITTEE Upon recommendation of the WAYS & MEANS and VETERANS AFFAIRS COMMITTEE, the following PETITIONS was GRANTED. Vt. 9/0 C-65 Dean J. Mazzarella, Mayor: Request that Wendy Wiiks be exempt from the provisions of M.G.L. Chapter 268A (20B) Conflict of Interest. Ms. Wiiks is currently employed by the City of Leominster as the Grant Administrator and will be filling the vacant seat on the Leominster Board of Health. C-66 Dean J. Mazzarella, Mayor: Request the approval of the CDBG Budget/Action Plan for Year 44. LEGAL AFFAIRS Upon request of the LEGAL AFFAIRS COMMITTEE, the following PETITION was given FURTHER TIME, with a hearing continued to June 25, 2018 at 6:30 P/M. Vt. 9/0. 40-18 Kristen Kelly, Planning Director: Amend Article XVIII, Section 22-105 of the Leominster Zoning Ordinance to include language regarding recreational marijuana facilities. Upon request of the LEGAL AFFAIRS COMMITTEE, the following PETITION was GRANTED as amended. 41-18 Kristen Kelly, Planning Director: Amend Article XI, Section 22-60 of the Leominster Zoning Ordinance to add language requiring Deep Observation Hole Testing for storm water infiltration/detention areas. Upon request of the LEGAL AFFAIRS COMMITTEE, the following PETITION was given FURTHER TIME. Vt.9/0 62-18 Mark C. Bodanza, Esq.: Amend Section 13-77 of the Leominster Municipal Code by adding a stop sign for southwest bound traffic on Commonwealth Circle at the intersection of Exchange Street. Page | 6 63-18 Mark C. Bodanza, Esq.: Amend Section 13-77 of the Leominster Municipal Code by adding a stop sign for northeast bound traffic on Revolution Drive at the intersection of Exchange Street. 69-18 Nouria Energy Corporation: Amend the existing license to store 30,000 gallons of gasoline/diesel at 436 Lancaster Street. Upon request of the LEGAL AFFAIRS COMMITTEE, the following PETITION was GRANTED. Vt.9/0 68-18 Officer Patrick Bresnahan: Request no parking signs be placed on Mt. Pleasant Avenue, between Short Street and Pine Street, against Southeast bound traffic on the even numbered side of the street. FINANCIAL REPORT Councillor Bodanza, Chair of the FINANCE COMMITTEE, read the Financial Report for the City into the record. COMMUNICATIONS GRANTED AND ORDERED - FINANCE Upon recommendation of the FINANCE COMMITTEE, the following COMMUNICATION was GRANTED and ORDERED. Vt. 8 “yeas”. Councillor D. Cormier abstained due to a possible conflict of interest. C-58 Relative to the appropriation of $125,000.00 to the Fire Department Overtime Account; same to be transferred from the Excess and Deficiency Account. ORDERED: - the sum of One Hundred and Twenty Five Thousand Dollars ($125,000.00) to be appropriated to the Fire Department Overtime Account; same to be transferred from the Excess and Deficiency Account. Upon recommendation of the FINANCE COMMITTEE, the following COMMUNICATION was GRANTED and ORDERED. Vt. 9 “yeas”. C-59 Relative to the appropriation of $5,000.00 to the City Clerk Salary & Wages Account; same to be transferred from City Clerk Salary & Wages Account. ORDERED: - the sum of Five Thousand Dollars ($5,000.00) to be appropriated to the City Clerk Salary & Wages Account; same to be transferred to the City Clerk Salary & Wages Account. Page | 7 C-60 Relative to the appropriation of $40,129.00 to the Police Department Capital Outlay Expense Account; same to be transferred from the Excess and Deficiency Account. ORDERED: - the sum of Forty Thousand One Hundred and Twenty Nine Dollars ($40,129.00) to be appropriated to the Police Department Capital Outlay Expense Account; same to be transferred from the Excess and Deficiency Account. C-61 Relative to the appropriation of $37,000.00 to the Snow & Ice Overtime Account; same to be transferred from the Excess and Deficiency Account. ORDERED: - the sum of Thirty Seven Thousand Dollars ($37,000.00) to be appropriated to the Snow & Ice Overtime Account; same to be transferred from the Excess and Deficiency Account. C-62 Relative to the appropriation of $13,000.00 to the Snow & Ice Expense Account; same to be transferred from the Excess and Deficiency Account. ORDERED: - the sum of Thirteen Thousand Dollars to be appropriated to the Snow & Ice Expense Account; same to be transferred from the Excess and Deficiency Account. C-63 Relative to the appropriation of $250,000.00 to the School Department Expense Account; $40,000.00 to be transferred from the Excess and Deficiency Account and $210,000.00 from School Department Prior Year Expense Account. ORDERED: - the sum of Two Hundred and Fifty Thousand Dollars ($250,000.00) to the School Department Expense Account; Forty Thousand ($40,000.00) to be transferred from the Excess and Deficiency Account and Two Hundred and Ten Thousand Dollars ($210,000.00) from the School Department Prior Year Expense Account, C-64 Relative to the appropriation of $572,000.00 to the General Fund Accounts as listed; same to be transferred from the Excess and Deficiency Account: Fire Capital Outlay Expenses $163,000.00 Highway Capital Outlay Expenses $232,000.00 Municipal Building Capital Outlay Expenses $120,000.00 Emergency Management Capital Outlay Expenses $ 35,000.00 Recreation Department Capital Outlay Expenses $ 22,000.00 Page | 8  ORDERED: - the sum of Five Hundred and Seventy Two Thousand Dollars ($572,000.00) to be appropriated to the General Fund Accounts as listed; same to be transferred from the Excess and Deficiency Account. Upon request from PUBLIC SERVICE COMMITTEE, the following PETITION was given FURTHER TIME. Vt. 9/0 66-18 Barbara Richardson et al: Accept Garfield Street as an accepted way. Upon request from PUBLIC SERVICE COMMITTEE, the following PETITION was GRANTED. Vt. 7/2, Councillors D. Cormier and Bodanza voted “nay”. 67-18 Jill A. Natola: Accept Lexington Circle together with the Water Line Easement as shown on the “Street Acceptance Plan in Leominster, Massachusetts” prepared for the Sheldon Hills Realty Trust by Hannigan Engineering Inc. dated March 15, 2018. Upon request from PUBLIC SERVICE COMMITTEE, the following PETITION was GRANTED. Vt. 9/0 70-18 National Grid: Central Street – Install one singular owned pole on Central Street beginning at a point approximately 20 feet west of the centerline of the intersection of 1155 Central Street. Upon request from PUBLIC SERVICE COMMITTEE, the following PETITION was GRANTED. Vt. 8/0, Councillor D. Cormier abstained due to a possible conflict of interest. 71-18 National Grid and Verizon New England, Inc.: Grant Street - Install one jointly owned pole on Grant Street beginning at a point approximately 370 feet northwest of the centerline of the intersection of Central Street and continuing approximately 16 feet in a north direction. Upon request from CITY PROPERTY Committee, the following petition was given FURTHER TIME and waiting for proposal requests. Vt. 9/0 C-53 Dean J. Mazzarella, Mayor: Request that the property known to the Assessors as Map 302 Block 1A and located on Jungle Road be declared surplus. Page | 9 The following APPOINTMENTS were CONFIRMED Vt. 9/0 Council on Aging, Larry Gianakis, Sr. – Term to expire April 15, 2021 Emergency Management, Rehab Unit – Tyler Yalian OLD BUSINESS 98 Adams Street– Previous allegations raised at the May 14, 2018 meeting. Councillor Chalifoux-Zephir read an email from Ray Racine, DPW Director, which stated that the allegations regarding Mr. James Whitney, tying into the city’s fire hydrants for irrigation was false. Councillor Chalifoux-Zephir request more information and attachments regarding Communication items C-70 and C-71. Councillor Bondanza agrees with Councillor Chalifoux-Zephir, and will provide the information for C-70 and C71 at next the council meeting. NEW BUSINESS Councillor Marchand mention he would like to congratulate the following • The city hall staff on the summer stroll. • LHS graduates and memorial services. • Doyle field commission. MEETING ADJOURN 8:43 P.M. Respectfully submitted, TITI SIRIPHAN, ASSISTANT CITY CLERK Page | 10