City Council
Regular MeetingLeominster, MA · August 13, 2018
Minutes
Council President Councillors-at-Large
Richard M. Marchand John Dombrowski
Claire M. Freda
Council Vice President
Susan Chalifoux Zephir
Gail P. Feckley Thomas F. Ardinger
Ward Councillors
Ward 1 – Gail P. Feckley
Ward 2 – Pauline M. Cormier
Ward 3 – David R. Cormier
Ward 4 – Mark C. Bodanza
Ward 5 – Richard M. Marchand
Meeting Minutes
CITY OF LEOMINSTER
CITY COUNCIL MEETING
AUGUST 13, 2018
JOHN P. MAHAN CITY COUNCIL CHAMBERS
AMENDED 8/10/2018
PUBLIC INFORMATION SESSION BEFORE THE CITY COUNCIL, 6:30 P.M. -
POSTOPONED
C-06 1) Relative to the acquisition of three parcels of land, 106 Central Street, 112 Central
Street, and 124 Central Street.
2) Also relative to the appropriation of $2,000,000.00 for the cost of the foregoing
acquisition and development of the property for police station purposes.
3) Relative to any premium received by the City upon the sale of any bonds or notes
approved by this vote, less any such premium applied to the payment of the costs of
issuance of such bonds or notes, may be applied to the payment of project costs
approved hereunder, thereby reducing by a like amount the amount authorized to be
borrowed to pay such costs.
The public Information session was postponed until August 27, 2018 at 6:30PM.
HEARING BEFORE THE CITY COUNCIL, 7:00 P.M.
40-18 Relative to amending Article XVIII, Section 22-105 of the Leominster Zoning
Ordinance to include language regarding recreational marijuana facilities.
The Public Hearing opened at 7:00PM. Councillor Dombrowski presided. Joe
Quinn, of 391 Union Street spoke in favor of petition 40-18. No other citizens
spoke in favor or opposition of the petition. The Public Hearing was closed at
7:04PM.
PUBLIC FORUM, 7:15 P.M
The public forum is an opportunity for any member of the audience to speak on a
matter specifically listed on the Council Agenda. Speakers will be asked to come to
the microphone and state their formal name and address along with identifying the
specific item(s) they wish to address. Each speaker is respectfully asked to keep
their comments within a two (2) minute timeframe. The Council will not be
responding or answering any questions; however, at the discretion of the Council
President, clarification may be given.
Gary Zimmerman, of 47 Lynnhaven Road, recommended that the City consider
joining the Police and Fire Departments headquarters together as a Joint Public
Safety Facility. He also informed the Council that he was concerned about the
assessed values versus what the City is paying for the parcels in Communication
C-06.
Patrick McCarty, of 42 Jungle Road spoke in favor of Petition 85-18. He expressed
that he hoped the City Council would move forward with the petition so that the
applicant can start the permitting and building process in this building season.
Edward Bartlett Jr of Middlesex Integrative Medicine gave an update on the
construction of the facility on Mohawk Drive. He also informed the Council that
Middlesex Integrative Medicine intended to pursue further permitting for
Marijuana in the future.
I. APPOINTMENT INTERVIEW 7:20 P.M.
A measure confirming the Mayor’s Appointment of Vicente Estrella-Reyes to the
Position of Auxiliary Officer; term to expire July 17, 2019.
Mr. Vicente Estrella-Reyes was interviewed by the Councillor Gail Feckley, the Ways
& Means Committee Chairperson about his appointment as an Auxiliary officer. Mr.
Estrella-Reyes informed the Council of his past work history, his family roots in
Leominster, and his desire to give back to the City of Leominster. The interview ended
at 7:27PM.
II. REGULAR MEETING OF THE CITY COUNCIL, 7:30 P.M.
The meeting was called to order at 7:30PM.
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III. ROLL CALL OF COUNCILLORS IN ATTENDANCE
Council President Marchand, Councillor Feckley, Councillor Chalifoux-Zephir,
Councillor Dombrowski, Councillor Freda, Councillor David Cormier, Councillor
Pauline Cormier, Councillor Ardinger, and Councillor Bodanza were present.
IV. APPROVAL OF RECORDS PRESENTED BY THE VICE PRESIDENT
The minutes of the June 11, 2018 Regular Meeting of the City Council were approved.
V. COMMUNICATIONS FROM THE MAYOR
COMMUNICATIONS
C-06 Mayor, Dean J. Mazzarella:
1) Relative to the acquisition of three parcels of land, 106 Central Street, 112
Central Street, and 124 Central Street. (Legal Affairs) (2/3 Vote Required)
2) Also relative to the appropriation of $2,000,000.00 for the cost of the
foregoing acquisition and development of the property for police station
purposes. (2/3 Vote Required)
3) Relative to any premium received by the City upon the sale of any bonds
or notes approved by this vote, less any such premium applied to the payment
of the costs of issuance of such bonds or notes, may be applied to the
payment of project costs approved hereunder, thereby reducing by a like
amount the amount authorized to be borrowed to pay such costs. (Legal
Affairs) (2/3 Vote Required)
C-06 – This communication was given regular course by the Chairman of
the Legal Affairs Committee. It was referred to Police, Comptroller, and the
Treasurer. Claire Freda informed the Council that during the vote for one
of the parcels she would need to recuse herself for a possible conflict of
interest.
C-07 Mayor Dean J. Mazzarella: A Resolution Supporting the Continued
Marketing of the Leominster Landfill. (City Property) (2/3 Vote Required)
C-07 – This communication was given regular course by the Chairman of
the City Property Committee.
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APPOINTMENTS
Christopher Ryan – Planning Director on a temporary basis for sixty (60) days until the
office can be filled by a permanent appointment. (Ways & Means) (Majority Vote to
Confirm)
This appointment was given Regular Course by the Chairwoman of the Ways & Means
Committee. She asked the City Clerk to set up an interview with Christopher Ryan and to
have him provide his resume to the Council. The interview will take place on August 27,
2018 at 7:20PM.
Preya Patel – Cultural Commission; term to expire 4/15/2021. (Ways & Means) (Majority
Vote to Confirm)
This appointment was given Regular Course by the Chairwoman of the Ways & Means
Committee. She asked the City Clerk to set up an interview with Preya Patel to be held on
August 27, 2018 at 7:25PM.
ORDERS
C-08 Mayor Dean J. Mazzarella: Relative to the appropriation of $4,000,000.00 to
the Stabilization Fund; same amount to be transferred from the Overlay
Surplus Account. (Finance) (Majority Vote)
C-08 – This communication was given regular course by the Chairman of
the Finance Committee.
C-09 Mayor Dean J. Mazzarella: Relative to the appropriation of $323,000.00 to
the Police Department Capital Outlay Expense Account; same to be
transferred from the Stabilization Fund. (Finance) (Majority Vote)
C-09 – This communication was given regular course by the Chairman of
the Finance Committee.
C-10 Mayor Dean J. Mazzarella: Relative to the appropriation of $38,000.00 to the
Building Department Capital Outlay Expense Account; same to be
transferred from the Stabilization Fund. (Finance) (Majority Vote)
C-10 – This communication was given regular course by the Chairman of
the Finance Committee.
C-11 Mayor, Dean J. Mazzarella: Relative to the appropriation of $135,000.00 to
the Sanitation & Drainage Expense Account; same to be transferred from the
Stabilization Fund. (Finance) (Majority Vote)
C-11 – This communication was given regular course by the Chairman of
the Finance Committee.
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VI. PETITIONS – FIRST TIME ON THE CALENDAR
05-19 Claire M. Freda: Request two (2) “Veterans Only” parking spots in all of the
public lots in the City of Leominster. Signs to read “Veteran Parking Only.
This spot is reserved for those who have served”. (Legal Affairs) (Majority
Vote)
05-19 – This communication was given regular course by the Chairman of
the Legal Affairs Committee. Referrals were requested from the Director of
Veterans Services, Police Department and the Disability Commission.
06-19 Petition for Junk and Second Hand Dealers License; Little 1 Clothing and
Accessories – Business owner, Charity Sanders. (Ways & Means) (Majority
Vote)
06-19 – This communication was given regular course by the Chairwoman
of the Ways & Means Committee. Referrals were requested from the Police
Department and Treasurer.
VII. MATTERS BEFORE THE CITY COUNCIL
VIII. CITY OF LEOMINSTER – FINANCIAL REPORT
Councillor Bodanza reported that the Fiscal Year 2019 Stabilization fund started at
$15,100,697. He informed the City Council that there are three pending
appropriations totaling $496,000 and one pending appropriation totaling $4,000,000.
If these appropriations are granted and ordered then the Stabilization fund will have a
new balance of $18,604,697.
IX. FINANCE
C-03 Mayor, Dean J. Mazzarella: Relative to the appropriation of $100,000.00 be
made to the Gallagher Building Expense Account; same to be transferred
from the Gallagher Building Revolving Fund. (Regular Course 7/23/18;
Majority Vote)
The Finance Committee recommended to GRANT Communication C-03. The City
Council voted 9-0 to Grant Communication C-03.
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ORDERED: Relative to the sum of one hundred thousand dollars be made to the
Gallagher Building Revolving Expense Account; same to be transferred from the
Gallagher Building Revolving Fund.
Vote: 9-0 – Communication Ordered.
C-04 Mayor, Dean J. Mazzarella: Relative to the appropriation of $75,000.00 be
made to the Gallagher Building Salary & Wages Account; same to be
transferred from the Gallagher Building Revolving Fund. (Regular Course
7/23/18; Majority Vote)
The Finance Committee recommended to GRANT Communication C-04. The City
Council voted 9-0 to Grant Communication C-04.
ORDERED: Relative to the sum of seventy-five thousand dollars be made to the
Gallagher Building Salary & Wages Account; same to be transferred from the
Gallagher Building Revolving Fund.
Vote: 9-0 – Communication Ordered.
C-05 SUSPENSION OF THE RULES: Dean J. Mazzarella, Mayor: Authorize the
City of Leominster to pursue $26,580.00 through the United States
Department of Justice – Justice Assistance Grant Program. (Suspension of the
Rules, Regular Course 7/23/18; Majority Vote)
The Finance Committee recommended to GRANT Communication C-05. The City
Council voted 9-0 to Grant Communication C-05.
X. LEGAL AFFAIRS
02-19 Gail P. Feckley: Request to amend Chapter 22 of the Revised Ordinances,
entitled, “Zoning” Article I, Section 22-4 Definitions, Yard Sale by adding
application and permitting requirements for all Yard Sales. (Regular Course
7/23/18; Pending Referrals: Planning, Zoning Board of Appeals; 2/3 Vote
Required, Public Hearing Required: TBD)
The Chairman of Legal Affairs read the referral letters allowed. Councillor
Dombrowski recommended that the Council vote to have the Building Director and
Chief of Police attend a subcommittee meeting to further discuss this petition. The
Council agreed to vote on this at the end of the meeting. Upon recommendation of the
Legal Affairs committee the Council Voted 9-0 to give the petition further time.
03-19 Claire M. Freda: Request to adopt a temporary moratorium regarding
Recreational Marijuana in the City of Leominster including definition and
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purpose. (Regular Course 7/23/18; Pending Referrals: Planning, Zoning
Board of Appeals; 2/3 Vote Required, Public Hearing Required: TBD).
The Legal Affairs Committee, by Majority, recommended to DENY this
petition. Councillor Freda expressed that she felt like the moratorium was
necessary because the talks of Marijuana and ordinances that were being
presented were moving too fast. She expressed that she felt the topic needed
more time for discussion and that the previous manner in which the
petition was voted on did not follow historic procedure and could have been
handled differently.
Councillor Chalifoux-Zephir felt that the Council should wait for the
Planning Board and Building Department referrals to come in.
Councillor Dombrowski felt that the opinions from previous referrals
would still be relevant and that the Council could still make a decision on
whether or not to accept the moratorium.
Councillor Bodanza reminded the Council that this was not the first time
this petition has been discussed.
The Legal Affairs Committee recommended to DENY the petition.
Vote: 6 Yeas – Councillor David Cormier, Councillor Pauline Cormier,
Councillor Ardinger, Councillor Bodanza, Councillor Dombrowski,
Councillor Marchand. 3 Nays – Councillor Feckley, Councillor Freda,
Councillor Chalifoux-Zephir. By 2/3 Vote motion is DENIED.
04-19 Lt. Richard J. Kinney: Replace City Ordinance Sec. 20-10. – Parades,
Processions and Assemblies with the attached proposed Sec. 20-10
Parades/Races. (Regular Course 7/23/18; Pending Referrals: Mayor;
Majority Vote Required; Public Hearing Required: TBD).
Councillor Dombrowski read the referrals into the record. The Legal
Affairs Committee Recommended that the City Council Grant the petition.
By a vote of 9-0 the petition was granted.
84-18 Interim Chief Michael D. Goldman: Amend Chapter 10 of the Leominster
Peddlers License as authorized by M.G.L. Chapter.6, Section 172 B ½.
(Regular Course 06/25/18; Further Time 07/09/18; 7/23/218; Pending
Referrals: City Solicitor; Majority Vote; Public Hearing Required: TBD)
The Legal Affairs Committee recommended that this petition be given
further time due to the pending referral from the City Solicitor. Vote 9-0
Petition given further time.
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. (Regular Course
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06/25/18; Further Time 07/09/18; 07/23/2018; Pending Referrals: Engineer,
City Solicitor; Majority Vote Required; No Public Hearing Required).
The Legal Affairs Committee Recommended that the City Council Grant
the petition with the condition that the easement plan and legal description
be approved by the City Solicitor.
Vote 8-1(Councillor Freda, Nay) to Grant the petition with the condition
that the easement plan and legal description be approved by the City
Solicitor.
C-01 Mayor, Dean J. Mazzarella: Request that the City Council approve Petition
C-01 and authorize the Mayor, on behalf of the City, to petition the
Massachusetts General Court for special legislation, substantially in the form
as set forth below, relating to the City making payment on a certain unpaid
bill to Royal Steam Heater Co., provided, however, that the General Court
may make clerical or editorial changes of form only to the bill, unless the
Mayor approves amendments to the bill before enactment by the General
Court, and provided further that the Mayor is hereby authorized to approve
amendments which shall be within the scope of the general public objectives
of this petition. (Regular Course 07/09/18; Further Time: 07/23/18; Pending
Referrals: Mayor, City Solicitor, Purchasing, School Department,
Comptroller; Majority Vote Required).
The Legal Affairs Committee recommended that the City Council give the
petition further time to allow more time to get outstanding referrals.
Vote: 9-0 The petition is granted further time.
01-19 Janet L. Scherer Poultney and ten (10) registered voters: Request speed
bump(s) to be installed on Burrage Avenue. (Regular Course 07/09/; Further
Time: 07/23/18; Pending Referrals: Mayor, City Solicitor, DPW; Majority
Vote Required; Public Hearing Required: TBD).
The Legal Affairs Committee recommended that the City Council leave to
withdraw without prejudice. The City Council felt that there is a problem
on Burrage Avenue that needs to be addressed. The City Council felt that
there may be a different way to fix the problem instead of speed bumps due
to the hazards the speed bumps could cause.
Vote: 9-0 The petition was given leave to withdraw without prejudice.
XI. PUBLIC SAFETY AND TRAFFIC
72-18 David R. Cormier: Install a street light on Pole #10 on Independence Drive.
(Regular Course 06/11/18; Further Time 06/25/18 & 07/09/18 Pending
Referrals: Mayor; Majority Vote Required; Public Hearing Required: TBD)
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73-18 David R. Cormier: Install a street light on Pole # 12 on Bicentennial Avenue.
(Regular Course 06/11/18; Further Time 06/25/18 & 07/09/18 Pending
Referrals: Mayor; Majority Vote Required; Public Hearing Required: TBD)
74-18 David R. Cormier: Install a street light on Pole #4 on Flintlock Drive.
(Regular Course 06/11/18; Further Time 06/25/18 & 07/09/18 Pending
Referrals: Mayor; Majority Vote Required; Public Hearing Required: TBD)
75-18 David R. Cormier: Install a street light on Pole #5 on Bicentennial Avenue.
(Regular Course 06/11/18; Further Time 06/25/18 & 07/09/18 Pending
Referrals: Mayor; Majority Vote Required; Public Hearing Required: TBD)
76-18 David R. Cormier: Install a street light on Pole #2 on Drummer Lane.
(Regular Course 06/11/18; Further Time 06/25/18 & 07/09/18 Pending
Referrals: Mayor; Majority Vote Required; Public Hearing Required: TBD)
77-18 David R. Cormier: Install a street light on Pole #4 on Indian Ridge Drive.
(Regular Course 06/11/18; Further Time 06/25/18 & 07/09/18 Pending
/Referrals: Mayor; Majority Vote Required; Public Hearing Required: TBD)
78-18 David R. Cormier: Request to install a street light on Pole #2 on Bicentennial
Avenue. (Regular Course 06/11/18; Further Time 06/25/18 & 07/09/18
Pending Referrals: Mayor; Majority Vote Required; Public Hearing
Required: TBD).
Petitions 72-18 through 78-18 were taken in block. The Public Safety and
Traffic Committee recommended that petitions 72-18 through 78-18 be
tabled for study.
Vote: 9-0 Petitions 72-18 through 78-18 were tabled for study.
XII. WAYS AND MEANS & VETERANS AFFAIRS
APPOINTMENTS
A measure confirming the Mayor’s Appointment of Vicente Estrella-Reyes to the Position
of Auxiliary Officer; term to expire July 17, 2019. (Regular Course 7/23/18; Interview
8/13/18; Majority Vote to Confirm).
The appointment of Vicente Estrella-Reyes was moved to the front of City Council Matters
The Ways & Means Committee recommended that the City Council Confirm the
appointment of Mr. Vincente Estrella-Reyes. By a vote of 9-0 Mr. Estrella-Reyes
appointment was confirmed.
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A measure confirming the Mayor’s Reappointment of Charlie Williams to the Position of
Auxiliary Officer; term to expire July 17, 2019. (Regular Course 7/23/18; Majority Vote to
Confirm).
A measure confirming the Mayor’s Reappointment of Paul Topolski to the Position of
Auxiliary Officer; term to expire July 17, 2019. (Regular Course 7/23/18; Majority Vote to
Confirm).
A measure confirming the Mayor’s Reappointment of John J. Caron to the Position of
Auxiliary Officer; term to expire July 17, 2019. (Regular Course 7/23/18; Majority Vote to
Confirm).
A measure confirming the Mayor’s Reappointment of Elympse Octavius to the Position of
Auxiliary Officer; term to expire July 17, 2019. (Regular Course 7/23/18; Majority Vote to
Confirm).
A measure confirming the Mayor’s Reappointment of Daniel Johnson to the Position of
Auxiliary Officer; term to expire July 17, 2019. (Regular Course 7/23/18; Majority Vote to
Confirm).
The Ways & Means Committee took the appointments of Charlie Williams, Paul Topolski,
John J. Caron, Elympse Octavius, and Daniel Johnson in block. The Ways & Means
Committee recommended that the appointments be confirmed by the City Council.
Vote: 9-0 to confirm the appointments of Charlie Williams, Paul Topolski, John J. Caron,
Elympse Octavius, and Daniel Johnson.
XIII. OLD BUSINESS
2nd Reading Ordinance - Relative to amending Article XVIII, Section 22-105 of the
Leominster Zoning Ordinance to include language regarding recreational marijuana
facilities. (Legal Affairs 40-18)
The Legal Affairs Committee Reccomended that the City Council adopt the 2nd
reading ordinance relative to petition 40-18.
Roll Call Vote: Councillor Dombrowski, Councillor Bodanza, Councillor Ardinger,
Councillor Pauline Cormier, Councillor David Cormier, and Council President
Marchand voted “Yea”. Councillor Freda, Councillor Chalifoux-Zephir, and
Councillor Feckley voted “Nay”. By a vote of 6-3 the 2nd reading ordinance was
ADOPTED.
25th Silver Anniversary Johnny Appleseed Arts and Cultural Festival Update.
Council President Marchand gave an update on the progress of the upcoming 25th
Silver Anniversary Johnny Appleseed Arts and Cultural Festival. He informed the
City Council that there have been many generous supporters and that they are still in
need of vendors and volunteers.
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Leominster Public Schools Transportation Updates.
Council President Marchand gave an update on the progress of Leominster Public
Schools Transportation. He informed the City Council that they plan to use the same
busing schedule as last year.
XIV. NEW BUSINESS
ELECTION ORDER: An Order Relative to the September 4, 2018 State Primary. (Ways
& Means)
The Ways & Means Committee recommended granting the Election Order with
amendments. Councilor Feckley moved to grant the Election order with Amendments.
Councillor Chalifoux-Zephir seconded the motion.
Roll Call Vote: 9-0 the motion carried unanimously.
SPECIAL MEETING:
C-06 1) Relative to the acquisition of three parcels of land, 106 Central Street, 112
Central Street, and 124 Central Street.
2) Also relative to the appropriation of $2,000,000.00 for the cost of the
foregoing acquisition and development of the property for police station
purposes.
3) Relative to any premium received by the City upon the sale of any bonds
or notes approved by this vote, less any such premium applied to the payment
of the costs of issuance of such bonds or notes, may be applied to the
payment of project costs approved hereunder, thereby reducing by a like
amount the amount authorized to be borrowed to pay such costs.
Council President Marchand reminded the City Council that the Special Meeting
for the Public Hearing for the loan order for the new police department would take
place on September 6, 2018 at 6:30PM. He also asked that both the Legal Affairs
Committee and the Finance Committee preside over the communication.
Councillor Freda informed the City Council that previously, when a citizen spoke
about the assessed values of the properties, that it could cause some confusion. She
clarified that assessed values are different than market rate values and these
values do not reflect the present market, but the past three years of sales.
Vote: 9-0 to set the Public Hearing for communication C-06 to September 6, 2018
at 6:30PM.
ORDINANCE:
1st Reading Ordinance - Relative to 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 13-17 of the Revised
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Ordinances entitled “Stop Signs” is hereby amended by inserting the following:
Sawtelle Road, against eastbound drivers at Central Street. (Legal Affairs 79-18;
Regular Course 6/25/18; Granted 7/23/18)
The Legal Affairs Committee recommended that the City Council adopt the first
reading ordinance relative to petition 79-18.
Roll Call Vote: 9-0 the first reading ordinance was ADOPTED.
1st Reading Ordinance - Relative to 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 13-17 of the Revised
Ordinances entitled “Stop Signs” is hereby amended by inserting the following:
Litchfield Street, against northbound drivers at Lancaster Street. (Legal Affairs 80-
18; Regular Course 6/25/18; Granted 7/23/18)
The Legal Affairs Committee recommended that the City Council adopt the first
reading ordinance relative to petition 80-18.
Roll Call Vote: 9-0 the first reading ordinance was ADOPTED.
1st Reading Ordinance - Relative to 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 13-17 of the Revised
Ordinances entitled “Stop Signs” is hereby amended by inserting the following:
Tocci Street, against eastbound drivers at Central Street. (Legal Affairs 81-18;
Regular Course 6/25/18; Granted 7/23/18)
The Legal Affairs Committee recommended that the City Council adopt the first
reading ordinance relative to petition 81-18.
Roll Call Vote: 9-0 the first reading ordinance was ADOPTED.
1st Reading Ordinance - Relative to 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 13-17 of the Revised
Ordinances entitled “Stop Signs” is hereby amended by inserting the following:
Columbus Street, against westbound drivers at Litchfield Street. (Legal affairs 82-
18; Regular Course 6/25/18; Granted 7/23/18)
The Legal Affairs Committee recommended that the City Council adopt the first
reading ordinance relative to petition 82-18.
Roll Call Vote: 9-0 the first reading ordinance was ADOPTED.
1st Reading Ordinance - Relative to 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 13-17 of the Revised
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Ordinances entitled “Stop Signs” is hereby amended by inserting the following:
Columbus Street, against eastbound drivers at Ruth Street. (Legal Affairs 83-18;
Regular Course 6/25/18; Granted 7/23/18)
The Legal Affairs Committee recommended that the City Council adopt the first
reading ordinance relative to petition 83-18.
Roll Call Vote: 9-0 the first reading ordinance was ADOPTED.
MEETING TIME
Council discussion and vote relative to changing the start time of regular scheduled
City Council Meetings each second and fourth Monday of the month, from 7:30
P.M. to 7:00 P.M., with a public forum that would be held at 6:45 P.M.
The City Council discussed the possibility of changing their regular meeting time
to start at 7:00PM instead of 7:30PM. The City Council agreed with this
recommendation. Councilor Bodanza agreed to submit the petitions for the change
in meeting time.
XV. COMMUNITY CALENDAR
There were no items on the Community Calendar.
XVI. ADJOURNMENT
Councillor Chalifoux-Zephir made a motion to adjourn the meeting at 9:30PM. Councillor
David Cormier seconded the motion. The motion carried unanimously. The Meeting
adjourned at 9:30PM.
Katelyn Huffman
City Clerk
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Agenda
Council President Councillors-at-Large
Richard M. Marchand John Dombrowski
Claire M. Freda
Council Vice President
Susan Chalifoux Zephir
Gail P. Feckley Thomas F. Ardinger
Ward Councillors
Ward 1 – Gail P. Feckley
Ward 2 – Pauline M. Cormier
Ward 3 – David R. Cormier
Ward 4 – Mark C. Bodanza
Ward 5 – Richard M. Marchand
CITY OF LEOMINSTER
CITY COUNCIL
AUGUST 13, 2018
JOHN P. MAHAN CITY COUNCIL CHAMBERS
AMENDED 8/10/2018
HEARING BEFORE THE CITY COUNCIL, 6:30 P.M.
C-06 1) Relative to the acquisition of three parcels of land, 106 Central Street, 112 Central
Street, and 124 Central Street.
2) Also relative to the appropriation of $2,000,000.00 for the cost of the foregoing
acquisition and development of the property for police station purposes.
3) Relative to any premium received by the City upon the sale of any bonds or notes
approved by this vote, less any such premium applied to the payment of the costs of
issuance of such bonds or notes, may be applied to the payment of project costs
approved hereunder, thereby reducing by a like amount the amount authorized to be
borrowed to pay such costs.
HEARING BEFORE THE CITY COUNCIL, 7:00 P.M.
40-18 Relative to amending Article XVIII, Section 22-105 of the Leominster Zoning
Ordinance to include language regarding recreational marijuana facilities.
PUBLIC FORUM, 7:15 P.M
The public forum is an opportunity for any member of the audience to speak on a
matter specifically listed on the Council Agenda. Speakers will be asked to come to
the microphone and state their formal name and address along with identifying the
specific item(s) they wish to address. Each speaker is respectfully asked to keep
their comments within a two (2) minute timeframe. The Council will not be
responding or answering any questions; however, at the discretion of the Council
President, clarification may be given.
I. APPOINTMENT INTERVIEW 7:20 P.M.
A measure confirming the Mayor’s Appointment of Vicente Estrella-Reyes to the
Position of Auxiliary Officer; term to expire July 17, 2019.
II. REGULAR MEETING OF THE CITY COUNCIL, 7:30 P.M.
III. ROLL CALL OF COUNCILLORS IN ATTENDANCE
IV. APPROVAL OF RECORDS PRESENTED BY THE VICE PRESIDENT
V. COMMUNICATIONS FROM THE MAYOR
COMMUNICATIONS
C-06 Mayo,r Dean J. Mazzarella:
1) Relative to the acquisition of three parcels of land, 106 Central Street, 112
Central Street, and 124 Central Street. (Legal Affairs) (2/3 Vote Required)
2) Also relative to the appropriation of $2,000,000.00 for the cost of the
foregoing acquisition and development of the property for police station
purposes. (2/3 Vote Required)
3) Relative to any premium received by the City upon the sale of any bonds
or notes approved by this vote, less any such premium applied to the payment
of the costs of issuance of such bonds or notes, may be applied to the
payment of project costs approved hereunder, thereby reducing by a like
amount the amount authorized to be borrowed to pay such costs. (Legal
Affairs) (2/3 Vote Required)
C-07 Mayor Dean J. Mazzarella: A Resolution Supporting the Continued
Marketing of the Leominster Landfill. (City Property) (2/3 Vote Required)
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APPOINTMENTS
Christopher Ryan – Planning Director on a temporary basis for sixty (60) days until the
office can be filled by a permanent appointment. (Ways & Means) (Majority Vote to
Confirm)
Preya Patel – Cultural Commission; term to expire 4/15/2021. (Ways & Means) (Majority
Vote to Confirm)
ORDERS
C-08 Mayor Dean J. Mazzarella: Relative to the appropriation of $4,000,000.00 to
the Stabilization Fund; same amount to be transferred from the Overlay
Surplus Account. (Finance) (Majority Vote)
C-09 Mayor Dean J. Mazzarella: Relative to the appropriation of $323,000.00 to
the Police Department Capital Outlay Expense Account; same to be
transferred from the Stabilization Fund. (Finance) (Majority Vote)
C-10 Mayor Dean J. Mazzarella: Relative to the appropriation of $38,000.00 to the
Building Department Capital Outlay Expense Account; same to be
transferred from the Stabilization Fund. (Finance) (Majority Vote)
C-11 Mayor, Dean J. Mazzarella: Relative to the appropriation of $135,000.00 to
the Sanitation & Drainage Expense Account; same to be transferred from the
Stabilization Fund. (Finance) (Majority Vote)
VI. PETITIONS – FIRST TIME ON THE CALENDAR
05-19 Claire M. Freda: Request two (2) “Veterans Only” parking spots in all of the
public lots in the City of Leominster. Signs to read “Veteran Parking Only.
This spot is reserved for those who have served”. (Legal Affairs) (Majority
Vote)
06-19 Petition for Junk and Second Hand Dealers License; Little 1 Clothing and
Accessories – Business owner, Charity Sanders. (Ways & Means) (Majority
Vote)
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VII. MATTERS BEFORE THE CITY COUNCIL
VIII. CITY OF LEOMINSTER – FINANCIAL REPORT
IX. FINANCE
C-03 Mayor, Dean J. Mazzarella: Relative to the appropriation of $100,000.00 be
made to the Gallagher Building Expense Account; same to be transferred
from the Gallagher Building Revolving Fund. (Regular Course 7/23/18;
Majority Vote)
C-04 Mayor, Dean J. Mazzarella: Relative to the appropriation of $75,000.00 be
made to the Gallagher Building Salary & Wages Account; same to be
transferred from the Gallagher Building Revolving Fund. (Regular Course
7/23/18; Majority Vote)
C-05 SUSPENSION OF THE RULES: Dean J. Mazzarella, Mayor: Authorize the
City of Leominster to pursue $26,580.00 through the United States
Department of Justice – Justice Assistance Grant Program. (Suspension of the
Rules, Regular Course 7/23/18; Majority Vote)
X. LEGAL AFFAIRS
02-19 Gail P. Feckley: Request to amend Chapter 22 of the Revised Ordinances,
entitled, “Zoning” Article I, Section 22-4 Definitions, Yard Sale by adding
application and permitting requirements for all Yard Sales. (Regular Course
7/23/18; Pending Referrals: Planning, Zoning Board of Appeals; 2/3 Vote
Required, Public Hearing Required: TBD)
03-19 Claire M. Freda: Request to adopt a temporary moratorium regarding
Recreational Marijuana in the City of Leominster including definition and
purpose. (Regular Course 7/23/18; Pending Referrals: Planning, Zoning
Board of Appeals; 2/3 Vote Required, Public Hearing Required: TBD).
04-19 Lt. Richard J. Kinney: Replace City Ordinance Sec. 20-10. – Parades,
Processions and Assemblies with the attached proposed Sec. 20-10
Parades/Races. (Regular Course 7/23/18; Pending Referrals: Mayor;
Majority Vote Required; Public Hearing Required: TBD).
84-18 Interim Chief Michael D. Goldman: Amend Chapter 10 of the Leominster
Peddlers License as authorized by M.G.L. Chapter.6, Section 172 B ½.
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(Regular Course 06/25/18; Further Time 07/09/18; 7/23/218; Pending
Referrals: City Solicitor; Majority Vote; Public Hearing Required: TBD)
LEGAL AFFAIRS, continued
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. (Regular Course
06/25/18; Further Time 07/09/18; 07/23/2018; Pending Referrals: Engineer,
City Solicitor; Majority Vote Required; No Public Hearing Required).
C-01 Mayor, Dean J. Mazzarella: Request that the City Council approve Petition
C-01 and authorize the Mayor, on behalf of the City, to petition the
Massachusetts General Court for special legislation, substantially in the form
as set forth below, relating to the City making payment on a certain unpaid
bill to Royal Steam Heater Co., provided, however, that the General Court
may make clerical or editorial changes of form only to the bill, unless the
Mayor approves amendments to the bill before enactment by the General
Court, and provided further that the Mayor is hereby authorized to approve
amendments which shall be within the scope of the general public objectives
of this petition. (Regular Course 07/09/18; Further Time: 07/23/18; Pending
Referrals: Mayor, City Solicitor, Purchasing, School Department,
Comptroller; Majority Vote Required).
01-19 Janet L. Scherer Poultney and ten (10) registered voters: Request speed
bump(s) to be installed on Burrage Avenue. (Regular Course 07/09/; Further
Time: 07/23/18; Pending Referrals: Mayor, City Solicitor, DPW; Majority
Vote Required; Public Hearing Required: TBD).
XI. PUBLIC SAFETY AND TRAFFIC
72-18 David R. Cormier: Install a street light on Pole #10 on Independence Drive.
(Regular Course 06/11/18; Further Time 06/25/18 & 07/09/18 Pending
Referrals: Mayor; Majority Vote Required; Public Hearing Required: TBD)
73-18 David R. Cormier: Install a street light on Pole # 12 on Bicentennial Avenue.
(Regular Course 06/11/18; Further Time 06/25/18 & 07/09/18 Pending
Referrals: Mayor; Majority Vote Required; Public Hearing Required: TBD)
74-18 David R. Cormier: Install a street light on Pole #4 on Flintlock Drive.
(Regular Course 06/11/18; Further Time 06/25/18 & 07/09/18 Pending
Referrals: Mayor; Majority Vote Required; Public Hearing Required: TBD)
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75-18 David R. Cormier: Install a street light on Pole #5 on Bicentennial Avenue.
(Regular Course 06/11/18; Further Time 06/25/18 & 07/09/18 Pending
Referrals: Mayor; Majority Vote Required; Public Hearing Required: TBD)
PUBLIC SAFETY AND TRAFFIC, continued
76-18 David R. Cormier: Install a street light on Pole #2 on Drummer Lane.
(Regular Course 06/11/18; Further Time 06/25/18 & 07/09/18 Pending
Referrals: Mayor; Majority Vote Required; Public Hearing Required: TBD)
77-18 David R. Cormier: Install a street light on Pole #4 on Indian Ridge Drive.
(Regular Course 06/11/18; Further Time 06/25/18 & 07/09/18 Pending
/Referrals: Mayor; Majority Vote Required; Public Hearing Required: TBD)
78-18 David R. Cormier: Request to install a street light on Pole #2 on Bicentennial
Avenue. (Regular Course 06/11/18; Further Time 06/25/18 & 07/09/18
Pending Referrals: Mayor; Majority Vote Required; Public Hearing
Required: TBD).
XII. WAYS AND MEANS & VETERANS AFFAIRS
APPOINTMENTS
A measure confirming the Mayor’s Appointment of Vicente Estrella-Reyes to the Position
of Auxiliary Officer; term to expire July 17, 2019. (Regular Course 7/23/18; Interview
8/13/18; Majority Vote to Confirm).
A measure confirming the Mayor’s Reappointment of Charlie Williams to the Position of
Auxiliary Officer; term to expire July 17, 2019. (Regular Course 7/23/18; Majority Vote to
Confirm).
A measure confirming the Mayor’s Reappointment of Paul Topolski to the Position of
Auxiliary Officer; term to expire July 17, 2019. (Regular Course 7/23/18; Majority Vote to
Confirm).
A measure confirming the Mayor’s Reappointment of John J. Caron to the Position of
Auxiliary Officer; term to expire July 17, 2019. (Regular Course 7/23/18; Majority Vote to
Confirm).
A measure confirming the Mayor’s Reappointment of Elympse Octavius to the Position of
Auxiliary Officer; term to expire July 17, 2019. (Regular Course 7/23/18; Majority Vote to
Confirm).
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A measure confirming the Mayor’s Reappointment of Daniel Johnson to the Position of
Auxiliary Officer; term to expire July 17, 2019. (Regular Course 7/23/18; Majority Vote to
Confirm).
XIII. OLD BUSINESS
2nd Reading Ordinance - Relative to amending Article XVIII, Section 22-105 of the
Leominster Zoning Ordinance to include language regarding recreational marijuana
facilities. (Legal Affairs 40-18)
25th Silver Anniversary Johnny Appleseed Arts and Cultural Festival Update.
Leominster Public Schools Transportation Updates.
XIV. NEW BUSINESS
ELECTION ORDER: An Order Relative to the September 4, 2018 State Primary. (Ways
& Means)
SPECIAL MEETING:
C-06 1) Relative to the acquisition of three parcels of land, 106 Central Street, 112
Central Street, and 124 Central Street.
2) Also relative to the appropriation of $2,000,000.00 for the cost of the
foregoing acquisition and development of the property for police station
purposes.
3) Relative to any premium received by the City upon the sale of any bonds
or notes approved by this vote, less any such premium applied to the payment
of the costs of issuance of such bonds or notes, may be applied to the
payment of project costs approved hereunder, thereby reducing by a like
amount the amount authorized to be borrowed to pay such costs.
ORDINANCE:
1st Reading Ordinance - Relative to 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 13-17 of the Revised
Ordinances entitled “Stop Signs” is hereby amended by inserting the following:
Sawtelle Road, against eastbound drivers at Central Street. (Legal Affairs 79-18;
Regular Course 6/25/18; Granted 7/23/18)
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1st Reading Ordinance - Relative to 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 13-17 of the Revised
Ordinances entitled “Stop Signs” is hereby amended by inserting the following:
Litchfield Street, against northbound drivers at Lancaster Street. (Legal Affairs 80-
18; Regular Course 6/25/18; Granted 7/23/18)
1st Reading Ordinance - Relative to 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 13-17 of the Revised
Ordinances entitled “Stop Signs” is hereby amended by inserting the following:
Tocci Street, against eastbound drivers at Central Street. (Legal Affairs 81-18;
Regular Course 6/25/18; Granted 7/23/18)
1st Reading Ordinance - Relative to 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 13-17 of the Revised
Ordinances entitled “Stop Signs” is hereby amended by inserting the following:
Columbus Street, against westbound drivers at Litchfield Street. (Legal affairs 82-
18; Regular Course 6/25/18; Granted 7/23/18)
1st Reading Ordinance - Relative to 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 13-17 of the Revised
Ordinances entitled “Stop Signs” is hereby amended by inserting the following:
Columbus Street, against eastbound drivers at Ruth Street. (Legal Affairs 83-18;
Regular Course 6/25/18; Granted 7/23/18)
MEETING TIME
Council discussion and vote relative to changing the start time of regular scheduled
City Council Meetings each second and fourth Monday of the month, from 7:30
P.M. to 7:00 P.M., with a public forum that would be held at 6:45 P.M.
XV. COMMUNITY CALENDAR
XVI. ADJOURNMENT
Katelyn Huffman
City Clerk
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