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City Council

Regular Meeting

Leominster, MA · March 25, 2019

Agenda

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 MARCH 25, 2019 JOHN P. MAHAN CITY COUNCIL CHAMBERS PUBLIC HEARING, 6:06 P.M. 34-19 Katelyn Huffman, City Clerk: Request to amend the revised ordinances Chapter 2 Article 2 Section 2-9 letter P. See enclosure (Regular Course 2/25/2019; Granted 3/11/2019; PH 3/25/2019 @ 6:06 P.M.; Pending Referral Mayor; 2/3 Vote) PUBLIC HEARING, 6:07 P.M. 33-19 Katelyn Huffman, City Clerk: Request to amend the revised ordinances Chapter 12, Article 1 Section 12-2, #52 Dog Licenses: to include a new fee to read “Service Dogs – No Fee.” (Regular Course 2/25/2019; Granted 3/11/2019; PH 3/25/2019 @ 6:07 P.M.; 2/3 Vote) PUBLIC HEARING, 6:08 P.M. 32-19 Katelyn Huffman, City Clerk: Request to amend the current $15.00 marriage intention application fee to the new proposed fee of $30.00. This fee would be effective as of July 1, 2019. (Regular Course 2/25/2019; Granted as amended 3/11/2019; PH 3/25/2019 @ 6:08 P.M.; 2/3 Vote) PUBLIC HEARING, 6:09 P.M. 31-19 David R. Cormier: Install a stop sign on Iris Road against northeast bound drivers at Grant Street. (Regular Course 2/25/2019; Granted 3/11/2019; PH 3/25/2019 @ 6:09 P.M.; Pending Referral Traffic; 2/3 Vote) PUBLIC HEARING, 6:10 P.M. 30-19 David R. Cormier: Install a stop sign on Hawthorne Road against northbound drivers at Queens Road. (Regular Course 2/25/2019; Granted 3/11/2019; PH 3/25/2019 @ 6:10 P.M.; Pending Referral Traffic; 2/3 Vote) PUBLIC HEARING, 6:11 P.M. 29-19 David R. Cormier: Install a stop sign on Hawthorne Road against southbound drivers at Grant Street. (Regular Course 2/25/2019; Granted 3/11/2019; PH 3/25/2019 @ 6:11 P.M.; Pending Referral Traffic; 2/3 Vote) PUBLIC HEARING, 6:12 P.M. 28-19 Mark C. Bodanza, Esq.: To amend Section 13-77, Stop Signs, of the Leominster Municipal Code, by adding a stop sign for north bound traffic on Old Brook Road at the intersection of Woodside Avenue. (Regular Course 2/25/2019; Granted 3/11/2019; PH 3/25/2019 @ 6:12 P.M.; Pending Referral Traffic; 2/3 Vote) PUBLIC HEARING, 6:13 P.M. 27-19 Mark C. Bodanza, Esq.: To amend Section 13-77, Stop Signs, of the Leominster Municipal Code, by adding a stop sign for north bound traffic on Cro Shee Lane at the intersection of Woodside Avenue. (Regular Course 2/25/2019; Granted 3/11/2019; PH 3/25/2019 @ 6:13 P.M.; Pending Referral Traffic; 2/3 Vote) PUBLIC HEARING, 6:14 P.M. 38-19 National Grid and Verizon: To relocate 1 Jointly Owned Pole on Wheeler Street, beginning at a point approximately 102 feet northeast of the centerline of the intersection of Lancaster Street and continuing approximately 20 feet in a northwest direction. National Grid to relocate pole #1, 10 feet closer to Lancaster Street to allow for a customer to install a new driveway. (Regular Course 3/11/2019; Public Hearing 3/25/2019 @ 6:14 P.M.; Majority Vote) INFORMATION SESSION WITH THE MAYOR, 6:15 P.M. Downtown plan. Page 2 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. INTERVIEW, 6:50 P.M. A measure confirming the Mayor’s Appointment of LuAnn Longenecker to the Cultural Commission; term to expire 4/15/2022. (Regular Course 3/11/2019; Majority Vote) (Ways & Means) INTERVIEW, 6:55 P.M. A measure confirming the Mayor’s Appointment of Robert Wilson to the Cultural Commission; term to expire 4/15/2022. (Regular Course 3/11/2019; Majority Vote) (Ways & Means) 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 March 11, 2019 Meeting Minutes. IV. COMMUNICATIONS FROM THE MAYOR COMMUNICATIONS C-58 Dean J. Mazzarella, Mayor: Request a letter of support from the Leominster City Council for the Safe Routes to Schools program. (Ways & Means; Majority Vote) C-59 Dean J. Mazzarella, Mayor: Request the City Council vote to authorize the attached Electric Avenue easement. (Legal Affairs; Majority Vote) Page 3 ORDERS Emergency Preamble C-60 Dean J. Mazzarella, Mayor: Relative to the appropriation of $285,000.00 to the Snow & Ice Expense Account; same amount to be transferred from the Stabilization Fund. (Finance; 2/3 Vote) Emergency Preamble C-61 Dean J. Mazzarella, Mayor: Relative to the appropriation of $15,000.00 to the Snow & Ice Overtime Account; same amount to be transferred from the Stabilization Fund. (Finance; 2/3 Vote) C-62 Dean J. Mazzarella, Mayor: Relative to the appropriation of $30,000.00 to the Sanitation & Drainage Expense Account; same amount to be transferred from the Stabilization Fund. (Finance; 2/3 Vote) RE: Burrage and Mascoma Avenue drainage study. C-63 Dean J. Mazzarella, Mayor: Relative to the appropriation of $475,000.00 to the Sidewalk Expense Account; same amount to be transferred from the Stabilization Fund. (Finance; 2/3 Vote) C-64 Dean J. Mazzarella, Mayor: Relative to the appropriation of $85,000.00 to the Cemetery Capital Outlay Expense Account; same amount to be transferred from the Cemetery Perpetual Care Income Account. (Finance; Majority Vote) C-65 Dean J. Mazzarella, Mayor: Relative to the appropriation of $43,718.00 to the Insurance Expense Account; same amount to be transferred from the Stabilization Fund. (Finance; 2/3 Vote) C-66 Dean J. Mazzarella, Mayor: Relative to the appropriation of $30,000.00 to the Highway Labor Account; same amount to be transferred from the Stabilization Fund. (Finance; 2/3 Vote) V. PETITIONS – FIRST TIME ON THE CALENDAR 40-19 Jon Andre Zajon: Renew the Second Hand Dealers License for George’s Fine Jewelers, Inc. located at 255 North Street. (Ways & Means; Majority Vote) 41-19 Jon Andre Zajon: Renew the Second Hand Dealers License for House of Relics, located at 1292 Main Street. (Ways & Means; Majority Vote) 42-19 Susan Chalifoux-Zephir: Renew the Second Hand Dealers License for Ginny’s Helping Hand, Inc. located at 52 Mechanic Street. (Ways & Means; Majority Vote) Page 4 43-19 Roger Cormier: Renew the Second Hand Dealers License for Crowne Jewelers located at 12 Lindell Ave. (Ways & Means; Majority Vote) 44-19 Fred R. Tousignant: Renew the Second Hand Dealer License for Fred’s Auction located at 28 Spruce Street. (Ways & Means; Majority Vote) 45-19 Paul F. Rouleau: Renew the Second Hand Dealers License for Protech Solutions located at 345 Central Street. (Ways & Means; Majority Vote) 46-19 Diane P. Amidon: Renew the Second Hand Dealers License for Upscale ConsignMINT located at 875 Merriam Ave, Suite 131. (Ways & Means; Majority Vote) 47-19 National Grid: To install 1 Singular Owned pole on Jytek Drive beginning at a point approximately 570 feet Northwest of the centerline of the intersection of Central Street and continuing approximately +/- 15’ feet in a Southwest direction. National Grid to install 1 pole between poles 10 and 11 for a customer’s primary conductor to the new transformer pad to upgrade service. (Public Service; Public Hearing TBD; Majority Vote) 48-19 GameStop Inc.: Renew the Second Hand Dealers License for GameStop Store #1485 located at 100 Commercial Road. (Ways & Means; Majority Vote) 49-19 GameStop Inc.: Renew the Second Hand Dealers License for GameStop Store #3594 located at 26 Orchard Hill Park Drive. (Ways & Means; Majority Vote) 50-19 Mason Investments Inc.: Renew Bowling Alley License for Mason Bowling Center located at 640 North Main Street. (Ways & Means; Majority Vote) VI. MATTERS BEFORE THE CITY COUNCIL VII. CITY OF LEOMINSTER – FINANCIAL REPORT VIII. FINANCE C-52 Dean J. Mazzarella, Mayor: Requesting the appropriation of $60,000.00 to the Municipal Buildings Capital Outlay Expense Account: same amount to be transferred from the Stabilization Fund. (Regular Course 3/11/2019;2/3 Vote) RE: City Hall Boiler Replacement Page 5 C-53 Dean J. Mazzarella, Mayor: Relative to the appropriation of $22,664.00 to the General Fund Various Salary & Wages Account as listed; same amount to be transferred from the Collective Bargaining Expense Account. (Regular Course 3/11/2019; Majority Vote) RE: Settlement with Middle Managers Union for FY 2019 – FY 2021 C-54 Dean J. Mazzarella, Mayor: Relative to the appropriation of $12,250.00 to the Mayor Salary & Wages Account; same amount to be transferred from the Stabilization Fund. (Regular Course 3/11/2019; 2/3 Vote) C-55 Dean J. Mazzarella, Mayor: Relative to the appropriation of $100,000.00 to the Police Expense Account; same amount to be transferred from the Police Salary & Wages Account. (Regular Course 3/11/2019; Majority Vote) C-56 Dean J. Mazzarella, Mayor: Relative to the appropriation of $28,250.00 to the Police Salary & Wages Account; same amount to be transferred from the Collective Bargaining Expense Account. (Regular Course 3/11/2019; Majority Vote) C-57 Dean J. Mazzarella, Mayor: Relative to the appropriation of $150,000.00 to the Police Overtime Account; same amount to be transferred from the Stabilization Fund. (Regular Course 3/11/2019; 2/3 Vote) IX. PUBLIC SERVICE COMMITTEE 38-19 National Grid and Verizon: To relocate 1 Jointly Owned Pole on Wheeler Street, beginning at a point approximately 102 feet northeast of the centerline of the intersection of Lancaster Street and continuing approximately 20 feet in a northwest direction. National Grid to relocate pole #1, 10 feet closer to Lancaster Street to allow for a customer to install a new driveway. (Regular Course 3/11/2019; Public Hearing 3/25/2019 @ 6:14 P.M.; Majority Vote) X. WAYS AND MEANS AND VETERANS AFFAIRS COMMITTEE A measure confirming the Mayor’s Appointment of Anthony McCauliff to the Office of Emergency Management – EMS Unit; Volunteer (Regular Course 2/11/2019; Further time 2/25/2019;3/11/2019; Majority Vote) A measure confirming the Mayor’s Appointment of LuAnn Longenecker to the Cultural Commission; term to expire 4/15/2022. (Ways & Means; Majority Vote) A measure confirming the Mayor’s Appointment of Robert Wilson to the Cultural Commission; term to expire 4/15/2022. (Ways & Means; Majority Vote) Page 6 36-19 Lillian Godfrey, Regulatory Affairs Coordinator: Renew the Second Hand Dealers License for ecoATM located at 100 Commercial Road (The Mall at Whitney Field.) (Pending referral from Police; Majority Vote) (Ways & Means) 37-19 Deghan, Inc. d/b/a Hannoush Jewelers: Renew the Second Hand Dealers License for Hannoush Jewelers located at 100 Commercial Road (The Mall at Whitney Field.) (Majority Vote) (Ways & Means) 39-19 A Measure Approving an Exemption under G.L. Ch. 268A, § 20(b)(3), Conflict of Interest of Robert A. DiMarzio, Contract for School Department Substitute Teacher. (Ways & Means; Majority Vote) XI. NEW BUSINESS 20-19 1st Reading Ordinance Elizabeth Wood, Planning & Development Director: To amend the Zoning Ordinance accordingly: Remove the section of Article XIII 22-71.1 that states “….Signs may not extend above the building’s roofline and/or the wall upon which the sign is located.” This contradicts section 22-71.9.1 that covers sign height and states that a sign may extend eight feet above the roof line. (Regular Course 1/14/2019; Further Time 1/28/2019; 2/11/2019; 2/25/2019; PH 1/28/2019 @ 6:30 P.M.; Granted 3/11/2019; 2/3 Vote) 27-19 1st Reading Ordinance Mark C. Bodanza, Esq.: To amend Section 13-77, Stop Signs, of the Leominster Municipal Code, by adding a stop sign for north bound traffic on Cro Shee Lane at the intersection of Woodside Avenue. (Regular Course 2/25/2019; Granted 3/11/2019; PH 3/25/2019 @ 6:13 P.M.; 2/3 Vote) 28-19 1st Reading Ordinance Mark C. Bodanza, Esq.: To amend Section 13-77, Stop Signs, of the Leominster Municipal Code, by adding a stop sign for north bound traffic on Old Brook Road at the intersection of Woodside Avenue. (Regular Course 2/25/2019; Granted 3/11/2019; PH 3/25/2019 @ 6:12 P.M.; 2/3 Vote) 29-19 1st Reading Ordinance David R. Cormier: Install a stop sign on Hawthorne Road against southbound drivers at Grant Street. (Regular Course 2/25/2019; Granted 3/11/2019; PH 3/25/2019 @ 6:11 P.M.; 2/3 Vote) Page 7 30-19 1st Reading Ordinance David R. Cormier: Install a stop sign on Hawthorne Road against northbound drivers at Queens Road. (Regular Course 2/25/2019; Granted 3/11/2019; PH 3/25/2019 @ 6:10 P.M.; 2/3 Vote) 31-19 1st Reading Ordinance David R. Cormier: Install a stop sign on Iris Road against northeast bound drivers at Grant Street. (Regular Course 2/25/2019; Granted 3/11/2019; PH 3/25/2019 @ 6:09 P.M.; 2/3 Vote) 32-19 1st Reading Ordinance Katelyn Huffman, City Clerk: Request to amend the current $15.00 marriage intention application fee to the new proposed fee of $30.00. This fee would be effective as of July 1, 2019. (Regular Course 2/25/2019; Granted as amended 3/11/2019; PH 3/25/2019 @ 6:08 P.M.; 2/3 Vote) 33-19 1st Reading Ordinance Katelyn Huffman, City Clerk: Request to amend the revised ordinances Chapter 12, Article 1 Section 12-2, #52 Dog Licenses: to include a new fee to read “Service Dogs – No Fee.” (Regular Course 2/25/2019; Granted 3/11/2019; PH 3/25/2019 @ 6:07 P.M.; 2/3 Vote) 34-19 1st Reading Ordinance Katelyn Huffman, City Clerk: Request to amend the revised ordinances Chapter 2 Article 2 Section 2-9 letter P. See enclosure (Regular Course 2/25/2019; Granted 3/11/2019; PH 3/25/2019 @ 6:06 P.M.; Pending Referral Mayor; 2/3 Vote) XII. OLD BUSINESS XIII. COMMUNITY CALENDAR XIV. ADJOURNMENT Katelyn Huffman, City Clerk Page 8

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