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City Council

Regular Meeting

Leominster, MA · December 10, 2018

AgendaMinutes

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 MINUTES CITY OF LEOMINSTER CITY COUNCIL DECEMBER 10, 2018 JOHN P. MAHAN CITY COUNCIL CHAMBERS HEARING BEFORE THE CITY COUNCIL, 6:00 P.M. 39-18 Prime Wellness Centers: Grant a Special Permit to build a medical marijuana cultivation facility located at 1771 Lock Drive. (Regular Course 03/12/2018; Amended to change address to 1771 Lock Drive 03/26/2018; 04/09/2018 - hearing continued to 5/14/2018; Further Time; 04/2/2018; 5/14/2018; 06/11/2018; 11/26/2018; Hearing continued to 6/11/2018; Tabled with hearing continued 06/11/2018; Removed from Table 09/24/2018; Public Hearing Continued 10/22/2018 @ 6:30 P.M; 12/10/2018 @ 6:00 P.M.)(Legal Affairs) The public hearing for petition 39-18 opened at 6:00PM. Councillor John Dombrowski recused himself from the public hearing due to a conflict of interest. Councillor Claire Freda asked the audience if anyone would like to speak for or against the petition three times. No one spoke. Councillor Freda informed the Council that a request came in from James Xarras on behalf of Summit Construction to request that the Council give them leave to withdraw without prejudice. The public hearing closed at 6:06PM. HEARING BEFORE THE CITY COUNCIL, 6:05 P.M. C-22 Dean J. Mazarella, Mayor: Relative to Authorize the Treasurer, with the approval of the Mayor, to borrow $810,000.00 for the purpose of funding the foregoing acquisition and costs incidental or related thereto in accordance with G.L. c.44, §7 and/or any other enabling authority and to issue bonds and notes therefor, and, in accordance with G.L. c.44, §20, 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. (Regular Course 10/22/2018; Public Hearing 11/13/2018 @ 6:21 P.M.; Public Hearing Continued 12/10/2018 @ 6:05 P.M.; Further Time 11/13/2018; Pending Referral, Mayor; 2/3 Vote) (Legal Affairs and Finance Committee) The public hearing opened at 6:06PM. The hearing was held jointly by the Finance and Legal Affairs committees. Mayor, Dean J. Mazzarella, informed the Council that the city was under no obligation to purchase the property. The property does not fall under section 61A of MGL. He also informed the Council that there is currently no plan to build anything on the land. He also felt that buying the land would help with Sholan Farm’s long term plans and goals. Councillor Freda informed the council that she had issues with the price and assessment of the land. She informed the council that it was currently out for public sale and on its sale information from MLS it states that the septic system has failed, there are no documented stamped plans indicating that a 4 lot subdivision is indeed approved and there are no soil tests for future septic fields or wells to help sustain these supposed buildable lots. Councillor Freda informed the council that just getting any of these projects done alone would cost a substantial amount of money. She supported purchasing the property but not for the proposed $810,000. Councillor Mark Bodanza opened the public hearing for public comment. Joanne Dinardo, 18 May Street, President of the Friends of Sholan Farm, President of Massachusetts Growers Association. She told the Council that previously, when the Sholan Farm land came up this exact type of conversation occurred. Councilors and citizens alike were unsure whether or not to purchase the property. In the end the property was purchased and it has become a gem for the City. Ms. Dinardo felt that the case would be the same for the purchase of this property. She also cited that it would give Sholan more land to work with to expand and become an even greater asset to the City. She also informed the Council that it would not have the same historical and agricultural restrictions that currently limit Sholan from expanding. Jody Murray, 275 Mechanic Street, is in favor of purchasing the land, he felt that the property would be instrumental to the City. John Souza, 347 Prospect Street, Chairman of the Planning Board and member of the Sholan Farm Directors, spoke in favor of the purchase of the property. He gave a history on Sholan Farm and explained how it was first given to the Planning Board as a large housing development. Instead, the City bought it and turned it into the well-known Apple Orchard it is today. Feels like it could have a lot of use if bought for the City and for Sholan. Page 2 Dorothy Willow, 54 Lowe Street, spoke to the Council and mentioned that once the property is gone, it is gone. She spoke about the view, the solitude, and the pride that the Sholan property brings to the city. John Nelson, 293 Union Street, told the Council that he felt it would be a mistake for the City not to make an offer on the property. Elaine Pirreault, 65 Wachusett Street, spoke in favor of preserving the property but with other funding. Would prefer Sholan pay for the property for their use; felt that the price was too high. Gary Zimmerman, 47 Lynnhaven Road, spoke against the Loan Order, he did not agree with the assessment of the property and felt that there was too much work that needed to go into the property for the price that was proposed. He also echoed Councillor Freda’s comments on the fact that the lots may not be buildable. Instead of going for a loan, he proposed taking the money out of the stabilization fund. Paul Gove, 295 Mechanic Street, spoke against the petition, explaining that the cost was too much for the parcel. Councillor Bodanza asked three times if anyone else would like to speak for or against the petition. No one from the public spoke. Councillor Dombrowski asked what type of restrictions is on the Sholan property. Mayor, Dean J. Mazzarella informed the board that only agriculture is allowed on the property, making it very restrictive. The Finance Committee and the Legal Affairs committee jointly recommended the closing of the public hearing. The Public hearing was closed at 6:55PM. HEARING BEFORE THE CITY COUNCIL 6:10 P.M. C-30 Dean J. Mazzarella, Mayor: Request that the annual Tax Classification Hearing be scheduled for December 10, 2018 for the purpose of setting the annual factor used for Fiscal Year 2019. (Regular Course 11/26/2018; Public Hearing 12/10/2018 @ 6:10 P.M.; 2/3 Vote)(Finance) The tax classification hearing began at 7:30PM. Chief Assessor, William Mitchell, explained the tax classification process. He informed the Council and the public that all relevant materials are posted and available online for view. He also informed the public and the Council that they were NOT setting the tax rate tonight, they were voting on the factor to be used for the next tax rate. Mr. Mitchell explained the different options available for the Council to vote on. One option would be to vote Page 3 for a Factor of 1 which is what has been previously used. Other options included splitting the tax rate, giving a commercial exemption, giving a residential exemption or an Open Space Exemption. He also explained that there are different classes of property that they look at to make their assessments some of which are code 1, code 2, code 3 and code 4. They base their assessment off of sale ratios over three years’ time. Rick, one of the principal assessors, verifies all sales. He explained that overall the trend is that there is an increase in the value of the homes, commercial properties, and residences being sold in Leominster across the board. This correlates directly and will cause assessments of all properties to be adjusted accordingly. Councillor Bodanza recommended staying with a factor of 1. He explained that if they changed the factor it would have an uneven effect on commercial and industrial properties. A factor of 1 balances the tax rate across the board well. Mr. Mitchell explained that if a factor of 1 is voted in, than it allows for commercial and industrial growth in the city, which will eventually cause a decrease in taxes for residential properties in the city. He also noted that businesses such as retail are having a hard time in the current market and their values have plummeted. Councillor Chalifoux Zephir sited the substantial amount of New Growth which is a positive sign for the city. Councillor Bodanza opened the floor to the public. Christopher McDermott, 860 South Street, of the Massachusetts Chamber of Commerce stood up to thank the City Council, the Mayor, and the City as a whole for being a great place for new businesses to settle. Not only does it create jobs it helps economic development. Councillor Bodanza asked three times if there was anyone who would like to speak for or against the petition. No members of the public chose to speak. The public hearing was closed at 8:02PM. PUBLIC INFORMATION SESSION WITH THE MAYOR, 6:20 P.M. Informational meeting with Mayor Dean J. Mazzarella, regarding Capital Improvement Plan. The public information session with the Mayor began at 7:00PM. He gave an overview of the Capital Improvement Plan to the City Council. He explained that the capital improvement plan is constantly being updated monthly. He highlighted the following projects that have either been completed or are in progress because of this plan:  New roofs for schools Page 4  New boilers for schools  New vital equipment, such as vehicles and maintenance equipment for DPW, EMS, Police and fire.  Central Park, Mechanic Street Park, Monoossnoc Brook Phase II and trail projects.  Radio, server, telephone and other technological upgrades  LED light conversion  Drake House renovation  Sidewalks, roads, stormwater and other city wide improvements. • RESOLUTION: Regarding Grants for Phase II of the park at the corner of Mechanic and Laurel Streets. Mayor, Dean J. Mazzarella informed the Council that there is a possibility to obtain grant money for Mechanic Street and Laurel Street Parks as well as Fournier Park. He informed the Council this is the first time that this type of grant has been made available. In order to secure the Grant, the City has to prove that the necessary funds have been allocated so that the Grant Money, which would be a reimbursement, is not awarded to a community unable to allocate funds to first spend and then be reimbursed for the work. He also informed the council that it is likely that only 1 out of 2 of the grants will be awarded to Leominster. • RESOLUTON: Regarding Grants for improvements to Fournier Park. Mayor, Dean J. Mazzarella informed the Council that there is a possibility to obtain grant money for Mechanic Street and Laurel Street Parks as well as Fournier Park. He informed the Council this is the first time that this type of grant has been made available. In order to secure the Grant, the City has to prove that the necessary funds have been allocated so that the Grant Money, which would be a reimbursement, is not awarded to a community unable to allocate funds to first spend and then be reimbursed for the work. He also informed the council that it is likely that only 1 out of 2 of the grants will be awarded to Leominster. Any other pertinent matters. HEARING BEFORE THE CITY COUNCIL, 6:40 P.M. C-20 Dean J. Mazzarella, Mayor: Relative to Amending Chapter 13 of the Revised Ordinance entitled "Motor Vehicles and Traffic", as part of the Safety Improvement Project for the Intersection at the Leominster Connector and Nashua Street, the Federal Highway Administration is requiring that a Traffic Control Agreement exist between the City of Leominster and the Massachusetts Department of Transportation. (Regular Course 10/22/2018; Granted 11/13/2018; Further Time 11/26/2018; Public Hearing 12/10/2018 @ 6:40 P.M.; Majority Vote)(Legal Affairs & Finance Committee) Page 5 The public hearing opened at 8:02PM. Councillor Dombrowski read the ordinance in full for the first time. He asked three times if there was any member of the public that would like to speak for or against the petition. No member of the public spoke. The public hearing closed at 8:08PM. PUBLIC FORUM, 6:45 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. The public forum opened at 8:08PM. Gary Zimmerman, 47 Lynnhaven Road, spoke against funding Communication C-22. He also requested that more detail be given to agenda items. Paul Gove, 925 Mechanic Street, spoke to the council about the assessment of the proposed purchase of the Sholan Farm property. He felt that the assessment was way off and too much for the parcel. He suggested that the City seek Grants to build acceptable types of buildings on the currently owned Sholan property. Judy Sumner, Director of Leominster Recreation, spoke about the Fournier Park and Mechanic Street grants. She informed the Council that the grants are important for the city because they will help fund very important improvements that will quell safety concerns on the field and for the public. Doug Hare, 75 Priest Street, informed the Council that the safety conditions at Fournier Park are a concern. He informed them that there are rotting light poles that are ready to come crashing down at any moment. He supported the grant for the project. Peter Campabasso, spoke about petition 19-19. He informed the Council that the applicant required a letter of support or non-opposition. They currently have a permitted cultivation facility and wish to service a retail facility outside of Leominster. In order to supply a marijuana business with product, a letter of support or non-opposition from the host town is required, which is what the request asks for. Laurie Beaudoin, Grant Street, Plays in the league at Fournier park, is in support of the Grant. Page 6 Council President Marchand asked the public three times whether or not anyone else would like to speak in the public forum. No one else from the public choose to speak. I. REGULAR MEETING OF THE CITY COUNCIL, 7:00 P.M. The regular meeting of the City Council was opened at 7:00PM. A moment of silence was held for late Firefighter Christopher Roy who passed away on Sunday fighting a fire. II. ROLL CALL OF COUNCILLORS IN ATTENDANCE Council President Richard Marchand, Councillor David Cormier, Councillor Pauline Cormier, Councillor Mark Bodanza, 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 Thomas Ardinger was absent. Councillor Freda made a motion for recess. Councillor Cormier seconded the motion. The motion carried unanimously. III. APPROVAL OF RECORDS PRESENTED BY THE VICE PRESIDENT Councillor Feckley submitted the minutes from October 9, 2018, October 22, 2018, and November 26, 2018 to file. IV. COMMUNICATIONS FROM THE MAYOR APPOINTMENTS Michael Shine – Office of Emergency Management – Admin Unit. (Majority Vote)(Ways & Means) This appointment was given regular course. The Ways & Means Committee requested that Mr. Shine come in for an interview and supply the Council a resume at the January 14, 2019 regular City Council Meeting. Page 7 ORDERS C-32 EMERGENCY PREAMBLE: Dean J. Mazzarella, Mayor: Relative to the appropriation of $150,000.00 to the Police Overtime Account; same to be transferred from the Stabilization Fund. (2/3 Vote)(Finance). The city council voted 7-1 to accept this order as an Emergency Preamble. Councillor David Cormier voted Nay. Councillor Bodanza informed the council that the request is to cover Supervisor over time due to a large portion of Police Staff being out on injury leave. The Finance Committee Recommended to Grant the Communication. Vote: 8-0 the communication was granted. ORDERED: The communication was ADOPTED by a vote of 8-0. C-33 Dean J. Mazzarella, Mayor: Relative to the appropriation of $17,500.00 to the Police Overtime Account; same to be transferred from the Stabilization Fund. (2/3 Vote)(Finance). This communication was given regular course. C-34 Dean J. Mazzarella, Mayor: Relative to the appropriation of $45,000.00 to the Library Expense Account; same to be transferred from the Library State Aid Reserved for Appropriation Account. (2/3 Vote)(Finance). This communication was given regular course. C-35 Dean J. Mazzarella, Mayor: Relative to the appropriation of $160,500.00 to the Highway Capital Outlay Expense Account; same to be transferred from the Stabilization Fund. (2/3 Vote)(Finance). This communication was given regular course. C-36 Dean J. Mazzarella, Mayor: Relative to the appropriation of $40,000.00 to the School Department Expense Account; same to be transferred from the Stabilization Fund. (2/3 Vote)(Finance). This communication was given regular course. Page 8 COMMUNICATIONS C-37 EMERGENCY PREAMBLE: Dean J. Mazzarella, Mayor: Request the City of Leominster adopt the BRAVE ACT prior to December 31, 2018 in order to take effect by January 1, 2019. (2/3 Vote)(Legal Affairs) The city council voted 7-1 to accept this order as an Emergency Preamble. Councillor David Cormier voted Nay. William Mitchell, Chief Assessor, explained that accepting this Act would give the ability for families who have lost a child in service to receive an exemption on their property for tax purposes. Councillor Freda abstained from the communication due to a possible conflict of interest. The Legal Affairs Committee recommended to GRANT this communication. Vote 7-0 (Councillor Freda abstained from the vote due to a possible conflict of interest) the communication was GRANTED. Vote: 7-0 (Councillor Freda abstained from the vote due to a possible conflict of interest)The city council voted to ADOPT the BRAVE ACT. V. PETITIONS – FIRST TIME ON THE CALENDAR 17-19 National Grid: to install one (1) singular owned pole on Elm Street beginning at a point approximately 22 feet south of the centerline of the intersection of Elm Street and continuing approximately +/-‘ feet in a south direction. (Public Hearing 01/14/2019 @ 6:38 P.M.; Majority Vote) (Public Service) This petition was given regular course. The City Council voted 8-0 to set the public hearing for this petition for January 14, 2019 at 6:38PM. Page 9 18-19 National Grid: to install one (1) singular owned pole on Toleman Ave beginning at a point approximately 135 feet southeast of the centerline of the intersection of Dingley Street and continuing approximately +/-15 feet in a northeast direction. National Grid to install 1 pole with an anchor and guy (on private property with an easement) to service house #35. (Public Hearing 01/14/2019 @ 6:39 P.M.; Majority Vote)(Public Service) This petition was given regular course. The City Council voted 8-0 to set the public hearing for this petition for January 14, 2019 at 6:39PM. 19-19 Middlesex Integrative Medicine c/o Law Office of Peter A. Campobasso, P.C.: Request a letter of support or non-opposition to Middlesex Integrative Medicine for proposed retail RMD, located at 205 Second Avenue, Waltham, MA, to be signed by the Mayor to authorized members of the City Council. (Majority Vote)(Legal Affairs). This petition was given regular course with referral to the Mayor. Specifically, the Council asked for a copy of the original host agreement and their Mayor’s opinion on the impact that a letter of support or non-opposition would have if granted. VI. MATTERS BEFORE THE CITY COUNCIL VII. MATTERS JOINTLY REFERRED TO FINANCE AND LEGAL AFFAIRS COMMITTEE C-22 Dean J. Mazarella, Mayor: Relative to Authorize the Treasurer, with the approval of the Mayor, to borrow $810,000.00 for the purpose of funding the foregoing acquisition and costs incidental or related thereto in accordance with G.L. c.44, §7 and/or any other enabling authority and to issue bonds and notes therefor, and, in accordance with G.L. c.44, §20, 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. (Regular Course 10/22/2018; Public Hearing 11/13/2018 @ 6:21 P.M.; Public Hearing Continued 12/10/2018 @ 6:05 P.M.; Further Time 11/13/2018; 11/26/2018; Pending Referral, Mayor; 2/3 Vote). Councillor Bodanza gave an overview of the public hearing that was held earlier that evening. He informed the Council that he had heard from various parties on both sides of the fence for the purchase of the Page 10 property. He recommended that the petition be tabled for further study. Councillor Cormier felt concerned about the petition, he informed the council that he felt that it was too similar to 210 Lancaster Street, he wanted to give the petition leave to withdraw without prejudice. The Finance Committee recommended that the Council table the petition for further study. The Legal Affairs Committee recommended that the Council give the petition leave to withdraw without prejudice. The Finance Committee requalified and also recommended to give the petition leave to withdraw without prejudice. Vote: 8-0 the petition was given leave to withdraw without prejudice. VIII. CITY OF LEOMINSTER – FINANCIAL REPORT The balance of the stabilization fund was $16,820,439.62 IX. FINANCE C-28 Dean J. Mazzarella, Mayor: Relative to the appropriation of $575,000.00 to the Recreation Department Capital Outlay Expense Account; same to be transferred from the Stabilization Fund. (Regular Course 11/26/2018; 2/3 Vote) The Finance Committee recommended that the council GRANT the communication. Vote: 8-0 the communication was GRANTED. ORDERED: Vote 8-0 the communication was ADOPTED. C-29 Dean J. Mazzarella, Mayor: Relative to the appropriation of $570,570.00 to the Recreation Department Capital Outlay Expense account; same to be transferred from the Stabilization Fund. (Regular Course 11/26/2018; 2/3 Vote) The Finance Committee recommended that the council GRANT the communication. Vote: 8-0 the communication was GRANTED. Page 11 ORDERED: Vote 8-0 the communication was ADOPTED. C-30 Dean J. Mazzarella, Mayor: Request that the annual Tax Classification Hearing be scheduled for December 10, 2018 for the purpose of setting the annual factor used for Fiscal Year 2019. (Regular Course 11/26/2018; Public Hearing 12/10/2018 @ 6:10 P.M.; 2/3 Vote) The Finance Committee recommended that the council adopt a factor of 1 and not support any other exemptions or discount options. Roll Call Vote: 8-0 the communication was GRANTED and the tax factor was set at a Factor of 1 without any other exemptions or discounts. C-31 Dean J. Mazzarella, Mayor: Relative to the appropriation of $45,000.00 to the Building Department Capital Outlay expense account; same to be transferred from the Stabilization Fund. (Regular Course 11/26/2018; 2/3 Vote) The Finance Committee recommended that the council GRANT the communication. Vote: 7-1 the communication was GRANTED. ORDERED: Vote 7-1 the communication was ADOPTED. Councillor Freda was not in support of the communication. X. LEGAL AFFAIRS 39-18 Prime Wellness Centers: Grant a Special Permit to build a medical marijuana cultivation facility located at 1771 Lock Drive. (Regular Course 03/12/2018; Amended to change address to 1771 Lock Drive 03/26/2018; 04/09/2018 - hearing continued to 5/14/2018; Further Time; 04/2/2018; 5/14/2018; 06/11/2018;10/22/2018; 11/13/2018; 11/26/2018; Hearing continued to 6/11/2018; Tabled with hearing continued 06/11/2018; Removed from Table 09/24/2018; Public Hearing Continued 10/22/2018 @ 6:30 P.M; 12/10/2018 @ 6:00 P.M.) The Legal Affairs Committee (Councillor Freda presiding) recommended that the petition be given leave to withdraw without prejudice. Page 12 Councillor Dombrowski recused himself due to a conflict of interest. Vote: 7-0 (Councillor Dombrowski did not vote due to a conflict of interest) the petition was given leave to withdraw without prejudice. C-24 Dean J. Mazzarella, Mayor: Allow Roll on America to connect into the Leominster water system through a Special Act of the Legislature. (Regular Course 11/13/2018; Further Time 11/26/2018; Public Hearing 1/14/2019 @ 6:40 P.M.; Majority Vote) The Legal Affairs Committee recommended that the petition be given further time as the public hearing date is set for January 14, 2019. Vote: 8-0 the petition was granted further time. Page 13 XI. OLD BUSINESS 41-18 2nd Reading Ordinance - AN ORDINANCE Amending Chapter 22 of the Revised Ordinances entitled “Zoning”. Be it ordained by the City Council of the City of Leominster, as follows: Section 22-60 of the Revised Ordinances entitled “Procedure for Review” is hereby amended by adding the following subsection: 60.1.18 Deep observation hole test for stormwater infiltration/detention areas. The purpose of the deep observation hole test is to determine the soil profile in the proposed infiltration/detention area, the depth of overburden above ledge, bedrock or impervious layer(s), soil type and characteristics, and to determine the estimated seasonal high ground- water elevation. A minimum of one deep observation hole test shall be performed in the presence of the Approving Authority at each proposed infiltration/detention area. The number and location of the deep hole tests should be coordinated with the Approving Authority. Additional testing shall be required if, in the opinion of the Soil Evaluator or the Approving Authority, there is evidence of inconsistent soil characteristics, the presence of ledge, or additional testing is necessary to properly assess site conditions with the proposed location to ensure that it can be installed in accordance with the proposed design. The above referenced Approving Authority is the City of Leominster Department of Public Works Engineering Division. (Regular Course 3/12/2018; Further time 3/26/2018; 4/9/2018; 4/23/2018; 5/14/2018; 5/29/2018; 10/09/2018; 10/22/2018; Granted 6/11/2018. Public Hearing 11/13/2018 @ 7:00 P.M; 1st Reading Adopted 11/26/2018.) Councillor Dombrowski read the ordinance for a second time. The Legal Affairs Committee Recommended that the Ordinance be adopted. Roll Call Vote: 8-0 the second reading of the ordinance was ADOPTED. Page 14 OLD BUSINESS, continued 08-19 2nd Reading Ordinance - 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 13-75 of the Revised Ordinance entitled “Speed Limits – Specific Streets” is hereby amended by adding the following text: Burrage Avenue, from Main Street to Pierce Street, at twenty-five miles per hour. (Regular Course 8/27/2018; Further Time 9/10/2018; Public Hearing 9/24/2018 @ 7:05 P.M.; Granted as Amended 9/24/2018; Granted 10/9/2018; 1st Reading Adopted 11/26/2018; Majority Vote Required) Councillor Dombrowski read the ordinance for a second time. The Legal Affairs Committee Recommended that the Ordinance be adopted. Roll Call Vote: 8-0 the second reading of the ordinance was ADOPTED. Page 15 XII. NEW BUSINESS C-20 1st Reading Ordinance – 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: Chapter 13 of the Revised Ordinances entitled “Motor Vehicles and Traffic” is hereby amended as follows: Section 13-7 of the Revised Ordinances entitled “One-Way Streets” is hereby amended by adding the following: Nashua Street off-ramp, from Leominster Connector in a southerly direction. Section 13-18 of the Revised Ordinances entitled “Responsibility for Installation and Maintenance” is hereby amended by adding the following: The following locations shall be marked with appropriate signs as “Keep Right”: Nashua Street, southbound at Leominster Connector off-ramp. Nashua Street, northbound at Leominster Connector. Leominster Connector, eastbound at approximately Sta. 34+92. Leominster Connector, westbound at approximately Sta.34-13. Section 13-79 of the Revised Ordinances entitled “Yield Signs” is hereby amended by adding the following: Nashua Street, facing southbound drivers entering the Leominster Connector. Section 13-81 of the Revised Ordinances entitled “Driving Upon Closed Street Prohibited” is hereby amended by adding the following: The following locations shall be marked with appropriate signs as “Do Not Enter”: Nashua Street, southbound at Leominster Connector. Nashua Street off-ramp, southbound at Leominster Connector. Page 16 Section 13-89 of the Revised Ordinances entitled “U-Turns” is hereby amended by adding the following: Leominster Connector, westbound. Leominster Connector, eastbound. (Regular Course 10/22/2018; Granted 11/13/2018; Further Time 11/26/2018; Public Hearing 12/10/2018 @ 6:40 P.M.; Majority Vote) Councillor Dombrowski read the ordinance for the first time. The Legal Affairs Committee Recommended that the Ordinance be adopted. Roll Call Vote: 8-0 the first reading of the ordinance was ADOPTED. 04-19 1st Reading Ordinance – AN ORDINANCE Amending Chapter 20 of the Revised Ordinance entitled “Streets and Sidewalks.” Be it ordained by the City Council of the City of Leominster, as follows: Section 20-10 of the Revised Ordinance entitled “Parades, Processions and Assemblies” is hereby amended rescinding the current text in its entirety and by inserting in its place the following: a new section, SECTION 20-10. PARADE/RACES. (Regular Course 7/23/18; Granted 8/13/2018; Further Time 10/09/2018 10/22/2018; 11/13/2018; 11/26/2018; Majority Vote Required) The Legal Affairs Committee recommended that the first reading of the ordinance be given further time. Vote: 8-0 the first reading of the ordinance was granted further time. RESOLUTION: Regarding Grants for Phase II of the park at the corner of Mechanic and Laurel Streets. (Finance) The Finance Committee recommended that the Resolution be adopted. Roll Call Vote: 8-0 the Resolution was ADOPTED RESOLUTON: Regarding Grants for improvements to Fournier Park. (Finance) The Finance Committee recommended that the Resolution be adopted. Roll Call Vote: 8-0 the Resolution was ADOPTED Page 17 City of Leominster 2019 Municipal Election Calendar. (Ways & Means) Katelyn Huffman, the City Clerk, read the Election Calendar to the Council. She noted that the schedule had been sent to the Secretary of State’s Office for prior approval as well, and it had been approved. The Ways & Means Committee recommended that the City of Leominster 2019 Municipal Election Calendar be ADOPTED. Vote: 8-0 the City of Leominster 2019 Municipal Election Calendar was ADOPTED. Organizational Meeting Regarding City Council for January 7, 2019. (Ways & Means) Councillor Feckely informed the City Council that the Organizational Meeting for the City Council will be on January 7, 2019 immediately following the Inauguration Ceremony. Richard Marchand – Discussion regarding the City of Leominster snow removal ordinance, Chapter 20 § 20-2. Council President Marchand noted that someone had called him concerning this petition. He informed the Council and public that the sidewalk clearing ordinance is relevant for the downtown area. It was also noted that the City is usually very good at cleaning sidewalks in general. XIII. COMMUNITY CALENDAR  Councillor Bodanza informed the Council that the Drake House had it’s winter festival.  Katelyn Huffman, City Clerk, presented Council President Marchand a Plaque and Gavel for his year of service as City Council President. XIV. ADJOURNMENT The meeting adjourned at 9:30PM Minutes Respectfully Submitted By: Katelyn Huffman City Clerk Page 18

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 DECEMBER 10, 2018 JOHN P. MAHAN CITY COUNCIL CHAMBERS HEARING BEFORE THE CITY COUNCIL, 6:00 P.M. 39-18 Prime Wellness Centers: Grant a Special Permit to build a medical marijuana cultivation facility located at 1771 Lock Drive. (Regular Course 03/12/2018; Amended to change address to 1771 Lock Drive 03/26/2018; 04/09/2018 - hearing continued to 5/14/2018; Further Time; 04/2/2018; 5/14/2018; 06/11/2018; 11/26/2018; Hearing continued to 6/11/2018; Tabled with hearing continued 06/11/2018; Removed from Table 09/24/2018; Public Hearing Continued 10/22/2018 @ 6:30 P.M; 12/10/2018 @ 6:00 P.M.)(Legal Affairs) HEARING BEFORE THE CITY COUNCIL, 6:05 P.M. C-22 Dean J. Mazarella, Mayor: Relative to Authorize the Treasurer, with the approval of the Mayor, to borrow $810,000.00 for the purpose of funding the foregoing acquisition and costs incidental or related thereto in accordance with G.L. c.44, §7 and/or any other enabling authority and to issue bonds and notes therefor, and, in accordance with G.L. c.44, §20, 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. (Regular Course 10/22/2018; Public Hearing 11/13/2018 @ 6:21 P.M.; Public Hearing Continued 12/10/2018 @ 6:05 P.M.; Further Time 11/13/2018; Pending Referrals Assessors, Mayor; 2/3 Vote) (Legal Affairs and Finance Committee) HEARING BEFORE THE CITY COUNCIL 6:10 P.M. C-30 Dean J. Mazzarella, Mayor: Request that the annual Tax Classification Hearing be scheduled for December 10, 2018 for the purpose of setting the annual factor used for Fiscal Year 2019. (Regular Course 11/26/2018; Public Hearing 12/10/2018 @ 6:10 P.M.; 2/3 Vote)(Finance) PUBLIC INFORMATION SESSION WITH THE MAYOR, 6:20 P.M. Informational meeting with Mayor Dean J. Mazzarella, regarding Capital Improvement Plan.  RESOLUTION: Regarding Grants for Phase II of the park at the corner of Mechanic and Laurel Streets.  RESOLUTON: Regarding Grants for improvements to Fournier Park. Any other pertinent matters. HEARING BEFORE THE CITY COUNCIL, 6:40 P.M. C-20 Dean J. Mazzarella, Mayor: Relative to Amending Chapter 13 of the Revised Ordinance entitled "Motor Vehicles and Traffic", as part of the Safety Improvement Project for the Intersection at the Leominster Connector and Nashua Street, the Federal Highway Administration is requiring that a Traffic Control Agreement exist between the City of Leominster and the Massachusetts Department of Transportation. (Regular Course 10/22/2018; Granted 11/13/2018; Further Time 11/26/2018; Public Hearing 12/10/2018 @ 6:40 P.M.; Majority Vote)(Legal Affairs & Finance Committee) PUBLIC FORUM, 6:45 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 que stions; however, at the discretion of the Council President, clarification may be given. Page 2 I. REGULAR MEETING OF THE CITY COUNCIL, 7:00 P.M. II. ROLL CALL OF COUNCILLORS IN ATTENDANCE III. APPROVAL OF RECORDS PRESENTED BY THE VICE PRESIDENT IV. COMMUNICATIONS FROM THE MAYOR APPOINTMENTS Michael Shine – Office of Emergency Management – Admin Unit. (Majority Vote)(Ways & Means) ORDERS C-32 EMERGENCY PREAMBLE: Dean J. Mazzarella, Mayor: Relative to the appropriation of $150,000.00 to the Police Overtime Account; same to be transferred from the Stabilization Fund. (2/3 Vote)(Finance). C-33 Dean J. Mazzarella, Mayor: Relative to the appropriation of $17,500.00 to the Police Overtime Account; same to be transferred from the Stabilization Fund. (2/3 Vote)(Finance). C-34 Dean J. Mazzarella, Mayor: Relative to the appropriation of $45,000.00 to the Library Expense Account; same to be transferred from the Library State Aid Reserved for Appropriation Account. (2/3 Vote)(Finance). C-35 Dean J. Mazzarella, Mayor: Relative to the appropriation of $160,500.00 to the Highway Capital Outlay Expense Account; same to be transferred from the Stabilization Fund. (2/3 Vote)(Finance). C-36 Dean J. Mazzarella, Mayor: Relative to the appropriation of $40,000.00 to the School Department Expense Account; same to be transferred from the Stabilization Fund. (2/3 Vote)(Finance). COMMUNICATIONS C-37 EMERGENCY PREAMBLE: Dean J. Mazzarella, Mayor: Request the City of Leominster adopt the BRAVE ACT prior to December 31, 2018 in order to take effect by January 1, 2019. (2/3 Vote)(Legal Affairs) Page 3 V. PETITIONS – FIRST TIME ON THE CALENDAR 17-19 National Grid: to install one (1) singular owned pole on Elm Street beginning at a point approximately 22 feet south of the centerline of the intersection of Elm Street and continuing approximately +/-‘ feet in a south direction. (Public Hearing 01/14/2019 @ 6:38 P.M.; Majority Vote) (Public Service) 18-19 National Grid: to install one (1) singular owned pole on Toleman Ave beginning at a point approximately 135 feet southeast of the centerline of the intersection of Dingley Street and continuing approximately +/-15 feet in a northeast direction. National Grid to install 1 pole with an anchor and guy (on private property with an easement) to service house #35. (Public Hearing 01/14/2019 @ 6:39 P.M.; Majority Vote)(Public Service) 19-19 Middlesex Integrative Medicine c/o Law Office of Peter A. Campobasso, P.C.: Request a letter of support or non-opposition to Middlesex Integrative Medicine for proposed retail RMD, located at 205 Second Avenue, Waltham, MA, to be signed by the Mayor to authorized members of the City Council. (Majority Vote)(Legal Affairs). VI. MATTERS BEFORE THE CITY COUNCIL VII. MATTERS JOINTLY REFERRED TO FINANCE AND LEGAL AFFAIRS COMMITTEE C-22 Dean J. Mazarella, Mayor: Relative to Authorize the Treasurer, with the approval of the Mayor, to borrow $810,000.00 for the purpose of funding the foregoing acquisition and costs incidental or related thereto in accordance with G.L. c.44, §7 and/or any other enabling authority and to issue bonds and notes therefor, and, in accordance with G.L. c.44, §20, 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. (Regular Course 10/22/2018; Public Hearing 11/13/2018 @ 6:21 P.M.; Public Hearing Continued 12/10/2018 @ 6:05 P.M.; Further Time 11/13/2018; 11/26/2018; Pending Referrals Assessors, Mayor; 2/3 Vote). VIII. CITY OF LEOMINSTER – FINANCIAL REPORT Page 4 IX. FINANCE C-28 Dean J. Mazzarella, Mayor: Relative to the appropriation of $575,000.00 to the Recreation Department Capital Outlay Expense Account; same to be transferred from the Stabilization Fund. (Regular Course 11/26/2018; 2/3 Vote) C-29 Dean J. Mazzarella, Mayor: Relative to the appropriation of $570,570.00 to the Recreation Department Capital Outlay Expense account; same to be transferred from the Stabilization Fund. (Regular Course 11/26/2018; 2/3 Vote) C-30 Dean J. Mazzarella, Mayor: Request that the annual Tax Classification Hearing be scheduled for December 10, 2018 for the purpose of setting the annual factor used for Fiscal Year 2019. (Regular Course 11/26/2018; Public Hearing 12/10/2018 @ 6:10 P.M.; 2/3 Vote) C-31 Dean J. Mazzarella, Mayor: Relative to the appropriation of $45,000.00 to the Building Department Capital Outlay expense account; same to be transferred from the Stabilization Fund. (Regular Course 11/26/2018; 2/3 Vote) X. LEGAL AFFAIRS 39-18 Prime Wellness Centers: Grant a Special Permit to build a medical marijuana cultivation facility located at 1771 Lock Drive. (Regular Course 03/12/2018; Amended to change address to 1771 Lock Drive 03/26/2018; 04/09/2018 - hearing continued to 5/14/2018; Further Time; 04/2/2018; 5/14/2018; 06/11/2018;10/22/2018; 11/13/2018; 11/26/2018; Hearing continued to 6/11/2018; Tabled with hearing continued 06/11/2018; Removed from Table 09/24/2018; Public Hearing Continued 10/22/2018 @ 6:30 P.M; 12/10/2018 @ 6:00 P.M.) C-24 Dean J. Mazzarella, Mayor: Allow Roll on America to connect into the Leominster water system through a Special Act of the Legislature. (Regular Course 11/13/2018; Further Time 11/26/2018; Public Hearing 1/14/2019 @ 6:40 P.M.; Majority Vote) Page 5 XI. OLD BUSINESS 41-18 2nd Reading Ordinance - AN ORDINANCE Amending Chapter 22 of the Revised Ordinances entitled “Zoning”. Be it ordained by the City Council of the City of Leominster, as follows: Section 22-60 of the Revised Ordinances entitled “Procedure for Review” is hereby amended by adding the following subsection: 60.1.18 Deep observation hole test for stormwater infiltration/detention areas. The purpose of the deep observation hole test is to determine the soil profile in the proposed infiltration/detention area, the depth of overburden above ledge, bedrock or impervious layer(s), soil type and characteristics, and to determine the estimated seasonal high ground- water elevation. A minimum of one deep observation hole test shall be performed in the presence of the Approving Authority at each proposed infiltration/detention area. The number and location of the deep hole tests should be coordinated with the Approving Authority. Additional testing shall be required if, in the opinion of the Soil Evaluator or the Approving Authority, there is evidence of inconsistent soil characteristics, the presence of ledge, or additional testing is necessary to properly assess site conditions with the proposed location to ensure that it can be installed in accordance with the proposed design. The above referenced Approving Authority is the City of Leominster Department of Public Works Engineering Division. (Regular Course 3/12/2018; Further time 3/26/2018; 4/9/2018; 4/23/2018; 5/14/2018; 5/29/2018; 10/09/2018; 10/22/2018; Granted 6/11/2018. Public Hearing 11/13/2018 @ 7:00 P.M; 1st Reading Adopted 11/26/2018.) Page 6 OLD BUSINESS, continued 08-19 2nd Reading Ordinance - 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 13-75 of the Revised Ordinance entitled “Speed Limits – Specific Streets” is hereby amended by adding the following text: Burrage Avenue, from Main Street to Pierce Street, at twenty-five miles per hour. (Regular Course 8/27/2018; Further Time 9/10/2018; Public Hearing 9/24/2018 @ 7:05 P.M.; Granted as Amended 9/24/2018; Granted 10/9/2018; 1st Reading Adopted 11/26/2018; Majority Vote Required) Page 7 XII. NEW BUSINESS C-20 1st Reading Ordinance – 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: Chapter 13 of the Revised Ordinances entitled “Motor Vehicles and Traffic” is hereby amended as follows: Section 13-7 of the Revised Ordinances entitled “One-Way Streets” is hereby amended by adding the following: Nashua Street off-ramp, from Leominster Connector in a southerly direction. Section 13-18 of the Revised Ordinances entitled “Responsibility for Installation and Maintenance” is hereby amended by adding the following: The following locations shall be marked with appropriate signs as “Keep Right”: Nashua Street, southbound at Leominster Connector off-ramp. Nashua Street, northbound at Leominster Connector. Leominster Connector, eastbound at approximately Sta. 34+92. Leominster Connector, westbound at approximately Sta.34-13. Section 13-79 of the Revised Ordinances entitled “Yield Signs” is hereby amended by adding the following: Nashua Street, facing southbound drivers entering the Leominster Connector. Section 13-81 of the Revised Ordinances entitled “Driving Upon Closed Street Prohibited” is hereby amended by adding the following: The following locations shall be marked with appropriate signs as “Do Not Enter”: Nashua Street, southbound at Leominster Connector. Nashua Street off-ramp, southbound at Leominster Connector. Section 13-89 of the Revised Ordinances entitled “U-Turns” is hereby amended by adding the following: Leominster Connector, westbound. Leominster Connector, eastbound. (Regular Course 10/22/2018; Granted 11/13/2018; Further Time 11/26/2018; Public Hearing 12/10/2018 @ 6:40 P.M.; Majority Vote) Page 8 NEW BUSINESS, continued 04-19 1st Reading Ordinance – AN ORDINANCE Amending Chapter 20 of the Revised Ordinance entitled “Streets and Sidewalks.” Be it ordained by the City Council of the City of Leominster, as follows: Section 20-10 of the Revised Ordinance entitled “Parades, Processions and Assemblies” is hereby amended rescinding the current text in its entirety and by inserting in its place the following: a new section, SECTION 20-10. PARADE/RACES. (Regular Course 7/23/18; Granted 8/13/2018; Further Time 10/09/2018 10/22/2018; 11/13/2018; 11/26/2018; Majority Vote Required) RESOLUTION: Regarding Grants for Phase II of the park at the corner of Mechanic and Laurel Streets. (Finance) RESOLUTON: Regarding Grants for improvements to Fournier Park. (Finance) City of Leominster 2019 Municipal Election Calendar. (Ways & Means) Organizational Meeting Regarding City Council for January 7, 2019. (Ways & Means) Richard Marchand – Discussion regarding the City of Leominster snow removal ordinance, Chapter 20 § 20-2. XIII. COMMUNITY CALENDAR XIV. ADJOURNMENT Katelyn Huffman City Clerk Page 9

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