City Council

CITY OF LEOMINSTER IN CITY COUNCIL REGULAR MEETING OF JUNE 25, 2018 HEARING BEFORE THE CITY COUNCIL, 6:30 P.M. Hearing opened at 6:30 P.M. with Councillor Dombrowski, Chair of the LEGAL AFFAIRS, 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. Upon recommendation of legal affairs committee, a motion made to close the public hearing. No other action taken. No one in the audience spoke in favor or opposition of the petition. HEARING ADJOURNED AT 6:34 P.M. HEARING BEFORE THE CITY COUNCIL, 6:45 P.M. Hearing opened at 6:45 P.M. with Councillor Dombrowski, Chair of the LEGAL AFFAIRS, presiding. All members were present. 69-18 Nouria Energy Corporation: Amend the existing license to store 30,000 gallons of gasoline/diesel at 436 Lancaster Street. Steve Pedro of Ayoub Engineering represented Nouria Energy. • There are three (3) 10 thousand gallon tanks at the location. Looking to update and change the tanks into two (2) 15 thousand gallon tanks. • The location area will be closed in order to replace. It would only take a day and not affect traffic. • Tanks will now contain premium diesel fuel. • Above ground tanks. • Tanks will be going into the footprint of existing tanks. Page | 1 Councillor Dombrowski read a letter from Christopher Knuth, director of Health Department, into the records in support of the underground storage tanks. Councillor Dombrowski read a letter of recommendation from Peter Niall, Building Director, in favor of amendment because it is a pre-existing license. Councillor Dombrowski mentioned that the fire chief was supposed to send someone down to speak on behalf of the tanks, but no one was present. The committee have no issues with granting the amendment. No one in the audience spoke in favor or opposition of the petition. HEARING ADJOURNED AT 6:55 P.M. HEARING BEFORE THE CITY COUNCIL, 7:00 P.M. Hearing opened at 7:00 P.M. with Councillor Bodanza, Chair of the FINANCE COMMITTEE, presiding. All members were present. 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. Gary Zimmerman of 47 Lynnhaven Road, a member of the public, read a letter to the council expressing his concerns about the city’s budget. He is a taxpayer and does not agree with how his tax money spent and nothing has changed in the city. Bonnie Budd of 321 Prospect Street, spoke in regards to the school budget and hopes the council is in favor of approving it. • She would like to see the schools host track meets at home instead of always going to away meets. • If donations are decreasing, they should be exploring other avenues to raise money. • Students were not able to attend the Great East Music festival because of costs. • They were not able to attend art shows and exhibits due to the cuts of art programs. • Students should not have to practice in hallways because they lack adequate space. Tom Cornacchia of 315 Joslin Street spoke in regards to petition C-76. He expressed concerns and the need for fire and police funding. Watching the May 14 council meeting was an eye opener for him. • The police have been using outdated analysis software. • Minimal funding in training. • The continue need of domestic abuse officers and community opioid liaisons. • Fire department lacking decontamination machines and concerns about getting cancer. • Does not agree with the mayor cutting items in the school transportation budget. • He hears from his students that getting to school is the hardest part of their day Page | 2  • He disagrees with the city’s retirement funding. It should not be 90% fully funded. It should be scaled back and go towards school transportation. Rachelle Lappinen of 32 Valley View Road spoke in regards to the school transportation. • She lives 7 miles away from the school. • If her son were to walk or ride a bike to school, it would take him over an hour and 40 minutes to get there. • He does not like to walk or ride a bike to school because of safety concerns. His grandfather was hit by a motor vehicle on her road. • She leaves her house at 7 in the morning for work in Worcester and is not able to drive her son to school. Would like to see transportation fully funded. John Richard, City Comptroller, wanted to clear some information from a previous speaker. • He stated that the council has no discretion over the retirement appropriation. It is voted by the Retirement board. • It is determined by PARAC. The city’s funding is saving money for the tax payers. 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. HEARING ADJOURNED AT 7:19 P.M. PUBLIC FORUM Gary Zimmerman of Lynn Haven Road, spoke about OPEB, and does not agree with the retirement system. He believes it needs to stop and that 5 million dollars could have gone towards education, fire and police. Bonnie Budd had concerns about petition 86-18, the excess of drivers that take that left turn to Johnny Appleseed School. REGULAR MEETING OF THE CITY COUNCIL CALLED TO ORDER AT 7:30 P.M. ROLL CALL OF COUNCILLORS IN ATTENDANCE – All Councillors were present. Page | 3 APPROVAL OF RECORDS PRESENTED BY THE VICE PRESIDENT No records to approve. Minutes have been received but Councillor Feckley stated that she has not had the opportunity to review them. COMMUNICATIONS FROM THE MAYOR The following COMMUNICATION was received, referred to the FINANCE COMMITTEE and given REGULAR COURSE with referral from the Police and City Solicitor. C-79 Mayor, Dean J. Mazzarella: Request authorization to file a home rule petition as follows: AN ACT AUTHORIZING THE CITY OF LEOMINSTER TO AMEND THE SPECIAL ACT OF 2002 RELATIVE TO RETIRED OFFICER DETAILS. The following vote for an Emergency Preamble was GRANTED by a vote of 8/1 with Councillor D. Cormier voting “nay”. COMMUNICATIONS GRANTED AND ORDERED – FINANCE. Vt. 9/0 C-80 EMERGENCY PREAMBLE - Relative to the appropriation of $20,000.00 to the Unemployment Expense Account; same to be transferred from the Collective Bargaining Expense Account. ORDERED: - the sum of Twenty Thousand Dollars ($20,000.00) to be appropriated to the Unemployment Expense Account; same to be transferred from the Collective Bargaining Expense Account. The following vote for an Emergency Preamble was GRANTED by a vote of 8/1 with Councillor D. Cormier voting “nay”. COMMUNICATIONS GRANTED AND ORDERED – FINANCE. Vt. 8/0. Councillor D.Cormier abstained due to a possible conflict of interest C-81 EMERGENCY PREAMBLE – Relative to the appropriation of $60,000.00 to the Fire Department Overtime Account; same to be transferred from the Collective Bargaining Expense Account. ORDERED: - the sum of Sixty Thousand Dollars ($60,000.00) to be appropriated to the Fire Department Overtime Account; same to be transferred from the Collective Bargaining Expense Account. Page | 4 The following vote for an Emergency Preamble was GRANTED by a vote of 8/1 with Councillor D. Cormier voting “nay”. COMMUNICATIONS GRANTED AND ORDERED – FINANCE. Vt. 8/1. Councillor D. Cormier, “nay”. C-82 EMERGENCY PREAMBLE – Relative to the appropriation of $13,000.00 to the Library Department Expense Account; same to be transferred from the Library Department Salary & Wages Account. ORDERED: - the sum of Thirteen Thousand Dollars ($13,000.00) to be appropriated to the Library Department Expense Account; same to be transferred from the Library Department Salary & Wages Account. The following vote for an Emergency Preamble was GRANTED by a vote of 8/1 with Councillor D. Cormier voting “nay”. COMMUNICATIONS GRANTED AND ORDERED – FINANCE. Vt. 9/0 C-83 EMERGENCY PREAMBLE – Relative to the appropriation of $30,000.00 to the Refuse Collection & Disposal Expense Account; $20,000.00 to be transferred from the Building Department Salary & Wages Account and $10,000.00 to be transferred from the Interest on Bonds Expense Account. ORDERED: - the sum of Thirty Thousand Dollars ($30,000.00) to be appropriated to the Refuse Collection & Disposal Expense Account; Twenty Thousand Dollars ($20,000.00) to be transferred from the Building Department Salary & Wages Account and Ten Thousand Dollars ($10,000.00) to be transferred from the Interest on Bonds Expense Account. The following COMMUNICATION below was received, referred to the FINANCE COMMITTEE and given REGULAR COURSE: Vt. 9/0 C-84 Relative to the appropriation of $64,696.00 to the Cemetery Salary & Wages Account; same to be transferred from the Cemetery-Perpetual Care Income Account. Page | 5 PETITIONS – FIRST TIME ON THE CALENDAR Referred to LEGAL AFFAIRS: the following PETITIONS were giving REGULAR COURSE, with referrals from traffic committee. Vt. 9/0 79-18 David R. Cormier: Install a stop sign on Sawtelle Road against eastbound drivers at Central Street. 80-18 David R. Cormier: Install a stop sign on Litchfield Street against northbound drivers at Lancaster Street. 81-18 David R. Cormier: Install a stop sign on Tocci Street against eastbound drivers at Central Street. 82-18 David R. Cormier: Install a stop sign on Columbus Street against westbound drivers at Litchfield Street. 83-18 David R. Cormier: Install a stop sign on Columbus Street against eastbound drivers at Ruth Street. Referred to LEGAL AFFAIRS: the following PETITION was given REGULAR COURSE, with referrals from Police and City Solicitor. Vt.9/0 84-18 Interim Chief Michael D. Goldman: Amend Chapter 10 of the Leominster Revised Ordinance to add section 10.3.1. relative to Licensing requirements for a Peddlers License as authorized by M.G.L. Chapter.6, Section 172 B ½. Referred to LEGAL AFFAIRS: the following PETITION was given REGULAR COURSE, with referrals from DPW, Engineer, Fire, Planning, Building, and City Solicitor. Vt.9/0 85-18 Green Briar Realty Trust: Request an easement over the parcel shown on the City of Leominster Assessors Maps as Map 12, Parcel 5, as shown on a Utility Plan prepared by McCarty Engineering, dated December 16, 2005, and revised June 14, 2018, to install four (4) domestic water services and one (1) hydrant service off the City owned water main. Page | 6 Referred to PUBLIC SAFETY AND TRAFFIC: the following PETITION was given REGULAR COURSE, with referrals from traffic and School Department (Principal). Vt.9/0 86-18 Gail Feckley: Amend Section 13-88.4 of Leominster Municipal Code by adding the following: No driver shall make a left hand turn from Day Street on to the rear driveway of Johnny Appleseed School during the hours of 7:00 A.M. and 9:00 A.M., Monday through Friday during the school year. LEGAL AFFAIRS Referred to LEGAL AFFAIRS: the following PETITION was DEFEATED. Vt. 5/4. Five (5) “yeas”, Councillors Marchand, D. Cormier, P. Cormier, Bodanza, and Dombrowski; Four (4) “nays”, Councillors Freda, Feckley, Ardinger, and Chalifoux-Zephir. 40-18 Kristen Kelly, Planning Director: Amend Article XVIII, Section 22-105 of the Leominster Zoning Ordinance to include language regarding recreational marijuana facilities. Referred to LEGAL AFFAIRS: the following PETITIONS were GRANTED. 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. 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. CITY OF LEOMINSTER – FINANCIAL REPORT was read into the records by Councillor Bodanza. Page | 7  FINANCE Referred to FINANCE COMMITTEE: the following COMMUNICATIONS were ADOPTED. Vt. 9/0 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-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. 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. Page | 8 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. Referred to FINANCE COMMITTEE: the following COMMUNICATION was ADOPTED by a vote of 8/1. Eight (8) “yeas”, Councillors Marchand, D. Cormier, P. Cormier, Ardinger, Bodanza, Chalifoux-Zephir, Dombrowski and Freda. One (1) “nay”, Councillor Feckley. 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. Referred to FINANCE COMMITTEE: the following COMMUNICATION was ADOPTED by a vote of 8/1. Eight (8) “yeas”, Councillors Marchand, D. Cormier, P. Cormier, Ardinger, Bodanza, Chalifoux-Zephir, Dombrowski and Freda. One (1) “nay”, Councillor Feckley. Referred to FINANCE COMMITTEE: the following COMMUNICATION was ADOPTED by a vote of 8/1. Councillor D. Cormier recused himself from any line items pertaining to the Disability Commission, Public Safety and Fire Department due to a possible conflict of inflict. Eight (8) “yeas”, Councillors Marchand, D. Cormier, P. Cormier, Ardinger, Bodanza, Feckley, Dombrowski, and Freda. One (1) “nay”, Councillor Chalifoux-Zephir. 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. PUBLIC SERVICE Referred to PUBLIC SERVICE: the following PETITION was TABLED. Vt. 9/0 66-18 Barbara Richardson et al: Accept Garfield Street as an accepted way. Referred to PUBLIC SERVICE: the following PETITION was GRANTED. Vt. 9/0 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. Page | 9  PUBLIC SAFETY AND TRAFFIC Referred to PUBLIC SAFETY AND TRAFFIC: the following PETITIONS were given FURTHER TIME. The Councillors are waiting for a referral from the Mayor to see how the lights would be funded. Councillor Freda would also like an opinion from Joe Porier, the City’s building maintenance, to see if he agrees to these locations. 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. 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. CITY PROPERTY Referred to CITY PROPERTY COMMITTEE: the following petition was given FURTHER TIME. 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. OLD BUSINESS • Councillor Marchand request that the Clerks of all sub committees to please check their minutes and have them submitted to the assistant clerk before the new fiscal year. • Check any tabled items they may have. Would like to work on them and get them out of the way. • Councillor Chalifoux-Zephir requests to have an ordinance review and follow ups on a few items. Page | 10  NEW BUSINESS The following ORDINACES were ADOPTED and read for the first time. Vt. 9/0 1st Reading Ordinance - Relative to amending Chapter 22 of the Revised Ordinance entitled “Zoning” by amending the Leominster Zoning Map, so that the following parcels are situated in the Residence B zoning district: • Pleasant Street West Side o Map 481, Lots 19 & 20 o Map 521, Lot 1 & 39 o Map 488, Lots 1, 5, 6, 7, 8 o Map 494, Lots 18, 3A, 3-1A, 3-2A, 3-2B, and 3-2C • Pleasant Street East Side o Map 561, Lots 35A, 36A, 37A o Map 340, Lots 1 & 2 o Map 410, Lots 1, 2, 3, 4, 5, 22, & 23 o Map 496, Lots 1, 2, & 3 • Lowe Street o Map 488, Lot 5 (Legal Affairs - Petition 14-18) 1st Reading Ordinance – Relative to amending Chapter 13, Section 13-29 of the Revised Ordinances entitled “Handicapped Parking Spaces” creating one reserved space in front of the Gallagher Building (24 Church Street) located on Merriam Avenue, closest to Church Street. (Legal Affairs – Petition 52-18) A public hearing was set for July 9, 2018, at 7:10 P.M., in the City Council Chambers for the second reading. Page | 11  COMMUNITY CALENDAR • Councillor P. Cormier would like to congratulate the hockey team, with students from Leominster and other communities. They are in Slovakia for a tournament. Wishing those best of luck. • Councillor Chalifoux-Zephir mentioned a food truck event organized by the Mass Nurses Association, called “Stuff a Truck”, held at Market Basket at the Mall at Whitney Field. It is a food drive to help organizations. Please stop by and contribute. • Councillor Marchand welcomed the public to attend a meeting at Health Alliance Hospital at 7:00 A.M. • He also would like to say “Happy Birthday” to the City Clerk, Lynn Bouchard and presented to her a citation, thanking for her time with the City of Leominster. Respectfully Submitted Titi Siriphan Assistant City Clerk Page | 12