City Council

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 MINUTES CITY OF LEOMINSTER CITY COUNCIL SEPTEMBER 10, 2018 JOHN P. MAHAN CITY COUNCIL CHAMBERS HEARING BEFORE THE CITY COUNCIL, 6:30 P.M. 79-18 David R. Cormier: Install a stop sign on Sawtelle Road against eastbound drivers at Central Street. Councillor John Dombrowski, Chair of the Legal Affairs committee, opened the public hearing at 6:30PM. He asked three times if there were any members of the public who would like to speak for or against the petition. No one chose to spoke. The public hearing closed at 6:31PM. HEARING BEFORE THE CITY COUNCIL, 6:31 P.M. 80-18 David R. Cormier: Install a stop sign on Litchfield Street against northbound drivers at Lancaster Street. Councillor John Dombrowski, Chair of the Legal Affairs committee, opened the public hearing at 6:31PM. He asked three times if there were any members of the public who would like to speak for or against the petition. No one chose to spoke. The public hearing closed at 6:32PM. HEARING BEFORE THE CITY COUNCIL, 6:32 P.M. 81-18 David R. Cormier: Install a stop sign on Tocci Street against eastbound drivers at Central Street. Councillor John Dombrowski, Chair of the Legal Affairs committee, opened the public hearing at 6:32PM. He asked three times if there were any members of the public who would like to speak for or against the petition. No one chose to spoke. The public hearing closed at 6:33PM. HEARING BEFORE THE CITY COUNCIL, 6:33 P.M. 82-18 David R. Cormier: Install a stop sign on Columbus Street against westbound drivers at Litchfield Street. Councillor John Dombrowski, Chair of the Legal Affairs committee, opened the public hearing at 6:33PM. He asked three times if there were any members of the public who would like to speak for or against the petition. No one chose to spoke. The public hearing closed at 6:34PM. HEARING BEFORE THE CITY COUNCIL, 6:34 P.M. 83-18 David R. Cormier: Install a stop sign on Columbus Street against eastbound drivers at Ruth Street. Councillor John Dombrowski, Chair of the Legal Affairs committee, opened the public hearing at 6:34PM. He asked three times if there were any members of the public who would like to speak for or against the petition. No one chose to spoke. The public hearing closed at 6:35PM. 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. Council President Marchand opened the public forum at 7:15PM. He asked three times if there were any members of the public who would like to speak. No one chose to spoke. The public forum closed at 7:16PM. Page 2 I. APPOINTMENT INTERVIEW 7:20 P.M. Michelle Haggstrom – Board of Appeals; Alternative member; term to expire 4/15/2019. (Ways & Means; Majority Vote to Confirm) Councillor Gail Feckley, Chairwoman of Ways & Means committee began the interview at 7:20PM. Michelle Hagstrom explained to the Council that she was interested in becoming a member of the Board of Appeals. She explained her history of political campaigns and working with the United Way. She also informed the Council of her interest in getting more involved with the community. 7:25 P.M. Mary Newton – OEM (Office of Emergency Management) member – Communication Unit; volunteer. (Ways & Means; Majority Vote to Confirm) Councillor Gail Feckley, Chairwoman of Ways & Means committee began the interview at 7:25PM. Mary Newton explained her 23 year military background to the Council. She shared that she had a lot of experience with emergency management, MEMA and FEMA as part of her service and she hoped to continue that training with the City. II. REGULAR MEETING OF THE CITY COUNCIL, 7:30 P.M. Boy Scouts Troop #12 of Our Lady of the Lake was introduced to the Council. The lead the Pledge of Allegiance for the meeting. III. ROLL CALL OF COUNCILLORS IN ATTENDANCE Council President Richard Marchand, Councillor David Cormier, Councillor Pauline Cormier, Councillor Thomas Ardinger, Councillor Gail Feckley, Councillor Sue Chalifoux Zephir, Councillor John Dombrowski, Councillor Claire Freda, Katelyn Huffman, City Clerk, and Titi Siriphan, Assistant City Clerk were in attendance. Councillor Mark Bodanza was absent. IV. APPROVAL OF RECORDS PRESENTED BY THE VICE PRESIDENT V. COMMUNICATIONS FROM THE MAYOR ORDERS Page 3  C-16 Dean J. Mazzarella, Mayor: Relative to the appropriation of $200,000.00 to the Landfill Expense Account; same to be transferred from the Stabilization Fund. RE: Mechanic Street Landfill repairs. (Finance; 2/3 Vote) This communication was given regular course. C-17 Dean J. Mazzarella, Mayor: Relative to the appropriation of $26,000.00 to the Election & Registration Expense Account; same to be transferred from the Stabilization Fund. RE: Election related additional expenses. (Finance; 2/3 Vote) This communication was given regular course. VI. PETITIONS – FIRST TIME ON THE CALENDAR 11-19 Heather Branthoover and ten registered voters: Accept Danielle Drive as an accepted road in the City of Leominster. (Legal Affairs; Majority Vote) This petition was given regular course with a referral to the Planning Board, DPW, and Board of Appeals. 12-19 National Grid: install one singular owned pole on Church Street beginning at a point approximately 120 feet Northeast of the centerline of the intersection of Merriam Ave and continuing approximately 15 feet in an East direction. (Public Service; Majority Vote) This petition was given regular course. The City Council voted 8-0 to set a public hearing for October 8, 2018 at 7:10PM. VII. MATTERS BEFORE THE CITY COUNCIL VIII. CITY OF LEOMINSTER – FINANCIAL REPORT Councillor Pauline Cormier reported that the stabilization fund has a new balance of $18,379,285.25. IX. FINANCE C-12 Mayor, Dean J. Mazzarella: Relative to the appropriation of $32,000.00 to the I.T.T.F. Expense Account; same to be transferred from the Stabilization Fund. RE: Microsoft Office Licenses. (Regular Course 8/27/2018; 2/3 Vote) The Finance Committee unanimously recommended to GRANT the communication. ORDER – By a vote of 8-0 this communication was ADOPTED. Page 4  C-13 Mayor, Dean J. Mazzarella: Relative to the appropriation of $6,000.00 to the Parking Meter Salary & Wages Account; same to be transferred from the Parking Meter Receipts Reserved for Appropriation Account. RE: Funding for Parking Enforcement Officer. (Regular Course 8/75/2018; 2/3 Vote) The Finance Committee unanimously recommended to GRANT the communication. ORDER – By a vote of 8-0 this communication was ADOPTED. C-14 Mayor, Dean J. Mazzarella: Relative to the appropriation of $6,000.00 to the Parking Meter Expense Account; same to be transferred from the Parking Meter Receipts Reserved for Appropriation Account. RE: Parking facility and general parking expenses. (Regular Course 8/27/2018; 2/3 Vote) The Finance Committee unanimously recommended to GRANT the communication. ORDER – By a vote of 8-0 this communication was ADOPTED. C-15 Mayor, Dean J. Mazzarella: Relative to the appropriation of $1,119,490.00 to the Street Resurfacing Expense Account; same to be transferred from the Highway State Aid Revenue Reserved for Appropriation. (Regular Course 8/27/2018; 2/3 Vote) The Finance Committee unanimously recommended to GRANT the communication. ORDER – By a vote of 8-0 this communication was ADOPTED. X. LEGAL AFFAIRS 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; 8/13/2018; 8/27/2018; Pending Referrals: Mayor, City Solicitor, Purchasing, School Department, Comptroller; Majority Vote Required). Councillor John Dombrowski informed the Council that he was still waiting for pending referrals to come back. He also felt that it was Page 5  important that the Council ensured that the work was complete and done correctly. The Legal Affairs committee recommended that this petition be given further time. Councillor Claire Freda noted that in the past these Special Acts have made it seem as City Council failed to pay the bills and feels that it should not be worded as such. Vote: 8-0 the petition was given FURTHER TIME. 07-19 Mark C. Bodanza and Susan Chalifoux Zephir: Request to delete Section 2- 16 of the Revised Ordinance for the City of Leominster and insert in its place a new Section 2-16 as follows: Sec. 2-16 Regular Meetings Except as hereinafter stated, regular meetings of the city council shall be held on the second and forth Monday evenings of each month at 7:00 P.M. Whenever a meeting falls on a legal holiday, it shall be held the following night at the same time. Whenever a meeting falls on the evening before New Year’s Day, it shall be held on the next night following the holiday at the same time. No meeting shall be held during the week of Christmas. (Regular Course 8/27/2018; Public Hearing September 24, 2018 @ 6:15 P.M.; 2/3 Vote Required ) Petition 07-19 was taken in block with petition 09-19. It was recommended by the Legal Affairs committee that both petitions be given further time and that a public hearing be set for petition 07-19 on September 24, 2018 at 6:15PM and a public hearing be set for petition 09-19 for September 24, 2018 at 6:20PM. Vote: 8-0 the petitions were given FURTHER TIME and the public hearings were set for September 24, 2018 at 6:15PM and 6:20PM respectively. 09-19 Mark C. Bodanza and Susan Chalifoux Zephir: Request to amend the City Council Rules of Procedure, namely Rule 1, Meetings, by changing the time of Monday evening meetings from 7:30 P.M. to 7:00 P.M. (Regular Course 8/27/2018; Public Hearing September 24, 2018 @ 6:20 P.M.;2/3 Vote Required) Petition 07-19 was taken in block with petition 09-19. It was recommended by the Legal Affairs committee that both petitions be given further time and that a public hearing be set for petition 07-19 on September 24, 2018 at 6:15PM and a public hearing be set for petition 09-19 for September 24, 2018 at 6:20PM. Page 6  Vote: 8-0 the petitions were given FURTHER TIME and the public hearings were set for September 24, 2018 at 6:15PM and 6:20PM respectively. Petition 10-19, regarding NewVue Liabilities to Assets, was read into the record. The Legal Affairs Committee recommended that the petition be given further time and a public hearing be set for September 24, 2018 at 6:25PM. Councillor Freda asked whether or not it would only approve Leominster’s portion. Councillor Feckley echoed her concern. Vote: 8-0 the petition was given FURTHER TIME and a public hearing was set for September 24, 2018 at 6:25PM. XI. WAYS AND MEANS & VETERANS AFFAIRS APOINTMENTS Michelle Haggstrom – Board of Appeals; Alternative member; term to expire 4/15/2019. (Majority Vote to Confirm) This appointment was brought to the front of the meeting. The Ways & Means committee unanimously recommended to CONFIRM the appointment of Michelle Haggstrom to the Board of Appeals. Roll Call Vote: 8-0 the appointment of Michelle Haggstrom was CONFIRMED. Mary Newton – OEM (Office of Emergency Management) member – Communication Unit; volunteer. (Majority Vote to Confirm) This appointment was brought to the front of the meeting. The Ways & Means committee unanimously recommended to CONFIRM the appointment of Mary Newton to the Office of Emergency Management. Roll Call Vote: 8-0 the appointment of Mary Newton was CONFIRMED. XII. PUBLIC SERVICE COMMITTEE 08-19 Gail P. Feckley: Request to reduce the speed limit on Burrage Avenue from Main Street to Pierce Street to 20 mph. (Regular Course 8/27/2018; Pending Referral Police; Majority Vote Required) The Public Service Committee recommended that the petition be given further time. Councillor Cormier expressed that he did not think you could legally make a 20 MPH speed zone without accepting a new statute. Council President Marchand asked Councillor Feckley if she would consider amending the petition to 25 MPH. Councillor Challifoux- Zephir requested that the proposed 20 MPH be researched and passed to Page 7  the lawyers for their opinion. Councillor Freda mentioned that before she had a similar petition that had to be amended to 25 MPH due to the state law. Vote: 8-0 the petition was given FURTHER TIME and referred to the City Solicitor for opinion. XIII. OLD BUSINESS 2nd 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; 1st Reading Granted 8/13/2018) The Legal Affairs committee read the ordinance for the second time and recommended that the second reading of the ordinance be ADOPTED. Roll Call Vote: 8-0 the second reading of the ordinance was ADOPTED. 2nd 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 Granted 8/13/2018) The Legal Affairs committee read the ordinance for the second time and recommended that the second reading of the ordinance be ADOPTED. Roll Call Vote: 8-0 the second reading of the ordinance was ADOPTED. 2nd 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 Granted 8/13/2018) The Legal Affairs committee read the ordinance for the second time and recommended that the second reading of the ordinance be ADOPTED. Roll Call Vote: 8-0 the second reading of the ordinance was ADOPTED. Page 8  2nd 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 Granted 8/13/2018) The Legal Affairs committee read the ordinance for the second time and recommended that the second reading of the ordinance be ADOPTED. Roll Call Vote: 8-0 the second reading of the ordinance was ADOPTED. 2nd 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; 1st Reading Granted 8/13/2018) The Legal Affairs committee read the ordinance for the second time and recommended that the second reading of the ordinance be ADOPTED. Roll Call Vote: 8-0 the second reading of the ordinance was ADOPTED. XIV. NEW BUSINESS • Council President Marchand expressed that it was imperative that the interim planning director attend the next meeting in regards to NewVue Liabilites to assets petition 10-19. • Councillor Freda made a motion to require the interim planning director to attend the September 24, 2018 meeting. Councillor Chalifoux-Zephir seconded the motion. The motion carried unanimously. Vote 8-0, the interim planning director would be required to attend the next City Council Meeting on September 24, 2018 and HR, the Mayor, and Planning Baord would be copied on the letter. Page 9 XV. TABLED PETITIONS UPON WHICH ACTION IS PROPOSED 39-18 Prime Wellness Centers: Grant a Special Permit to build a medical marijuana cultivation facility located at 1771 Lock Drive. (Legal Affairs: 03/12/2018- Regular Course; 03/26/2018 - Amended to change address to 1771 Lock Drive; 04/09/2018 - hearing continued to 5/14/2018; 04/23/2018 - Further Time; 5/14/2018 - Further Time, hearing continued to 6/11/2018; 06/11/2018 - Tabled with hearing continued) Councillor Freda informed the Council that she would prefer to discuss this item at the next City Council Meeting due to one of the Legal Affairs Subcommittee members being absent and the other (Councillor John Dombrowski) having to recuse himself, it would leave the decision solely up to her and she felt it would be important to wait for another member to make the decision. The City Council agreed to keep this item on the agenda for consideration at the next City Council meeting. XVI. ADJOURNMENT The meeting adjourned at 8:40PM.ga Meeting Minutes Respectfully Submitted by: Katelyn Huffman City Clerk Page 10