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City Council

Regular Meeting

Leominster, MA · November 12, 2019

AgendaMinutes

Minutes

Council President Councillors-at-Large Richard M. Marchand John Dombrowski Council Vice President Claire M. Freda Gail P. Feckley Susan Chalifoux Zephir 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 NOVEMBER 12, 2019 JOHN P. MAHAN CITY COUNCIL CHAMBERS PUBLIC HEARING, 6:32 P.M. 7-20 Gail P. Feckley: Request to amend Section 13-77, Stop Signs, of the Leominster Municipal Code, by adding a stop sign for north bound traffic on Dingley Street at Fairview Street. (Legal Affairs; Regular Course 9/23/2019; Further Time 10/15/2019; Granted 10/28/2019; Public Hearing 11/12/2019 @ 6:32 P.M.; 1st Reading 11/12/2019; 2/3 Vote) The Public Hearing opened at 6:32PM. Councillor Dombrowski asked three times whether anyone would like to speak for or against the petition. No one spoke. The public hearing closed at 6:34 PM. PUBLIC HEARING, 6:34 P.M. 8-20 Gail P. Feckley: Request to amend Section 13-77, Stop Signs, of the Leominster Municipal Code, by adding a stop sign for south bound traffic on Dingley Street at Tolman Avenue. (Legal Affairs; Regular Course 9/23/2019; Further Time 10/15/2019; Granted 10/28/2019; Public Hearing 11/12/2019 @ 6:34 P.M.; 1st Reading 11/12/2019; 2/3 Vote) The Public Hearing opened at 6:34PM. Councillor Dombrowski asked three times whether anyone would like to speak for or against the petition. No one spoke. The public hearing closed at 6:35 PM. PUBLIC HEARING, 6:36 P.M. 9-20 Michael Goldman, Police Chief: Request to delete Section 13-26 of the Revised Ordinance for the City of Leominster and insert a new Section 13-26 as follows: A. Whenever the Mayor, or the Mayor’s designee, declares a snow emergency exists in the City in regard to snow plowing or snow removal by giving at least six hours' notice, it shall be unlawful for the owner, operator or person in charge of any vehicle (other than one acting in an emergency) to park such vehicle or permit or suffer the same to be parked on any public street in this City for the duration of the emergency. A snow emergency so declared shall continue for a forty-eight-hour period which may be extended by the Mayor or his or her designee as circumstances require. During said snow emergency, the Director of Public Works shall conduct snow plowing, removal, and sand and salt operations. B. The Mayor or the Mayor’s designee may remove the restrictions imposed in any snow emergency for areas of the City as they become cleared. C. The Director of Public Works shall notify the Leominster Police Department, activate CodeRed, and announce the snow emergency through TV, radio, newspaper and City social media outlets and as many other public channels as the Director deems necessary. D. The provision of this section shall not apply to handicapped parking areas located in residential zones. E. Any vehicle found in violation of this Section may be removed to a convenient place under the direction of an officer of the police department and the owner of the vehicle so removed, or towed away, shall be liable to the cost of such removal and storage. (Legal Affairs; Regular Course 9/23/2019; Further Time 10/15/2019; Granted 10/28/2019; Public Hearing 11/12/2019; 1st Reading 11/12/2019; Pending Referrals Mayor; 2/3 Vote) The Public Hearing opened at 6:36PM. Councillor Dombrowski asked three times whether anyone would like to speak for or against the petition. No one spoke. Councillor Dombrowski noted that the DPW wrote a memo in favor of this petition. The public hearing closed at 6:38 PM. PUBLIC HEARING, 6:38 P.M. 11-20 Claire M. Freda: Request to amend Section 13-77, Stop Signs, of the Leominster Municipal Code, by adding three stop signs for the following locations: Barry Lane at the intersection of Barry Lane and Debbie Drive. Barry Lane at the intersection of Barry Lane and Beth Avenue. Jay Avenue at the intersection of Jay Avenue and Debbie Drive. (Legal Affairs; Regular Course 9/23/2019;Further Time 10/15/2019; Granted 10/28/2019; Public Hearing 11/12/2019 @6:38 P.M.; 1st Reading 11/12/2019; 2/3Vote) The Public Hearing opened at 6:38PM. Councillor Dombrowski asked three times whether anyone would like to speak for or against the petition. No one spoke. Councillor Freda spoke her support for the petition since it is currently a safety issue without the stop signs. The public hearing closed at 6:40 PM. PUBLIC HEARING, 6:40 P.M. Page 2 14-20 National Grid: Erdman Way – to install two, 4 inch diameter, concrete encased conduits and underground, three phase primary wires, approximately 275 ft from existing switchgear 1A to junction pullbox 4. Existing boxpad 4 is being replaced with a pullbox and new junction enclosure in the same location to accommodate the new conduit. (Public Service) (Regular Course 10/28/2019; Public Hearing 11/12/2019 @ 6:40 P.M. Majority Vote) The Public Hearing opened at 6:40PM. Councillor Freda asked three times whether anyone would like to speak for or against the petition. Steven Soucy, a representative from National Grid, explained to the City Council that the original petition had changed slightly and gave the Council updated plans, that purposely avoided a manhole at the request of the Leominster DPW. The public hearing closed at 6:48PM. 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. Council President Marchand asked three times whether anyone would like to speak. Steven Soucy, a National Grid representative, read the email conversation he had with John Roseberry, of the Leominster DPW into the record. The email asked National Grid to make a field change in their plan to avoid a man hole. National Grid responded that they would comply. I. REGULAR MEETING OF THE CITY COUNCIL, 7:00 P.M. The meeting opened at 7:00PM. II. ROLL CALL OF COUNCILLORS IN ATTENDANCE City Council President Marchand, City Council Vice President Feckley, Councillor Dombrowski, Councillor Freda, Councillor David Cormier, Councillor Ardinger present. Councillor Bodanza, Councillor Pauline Cormier, Councillor Chalifoux-Zephir, Absent. Others Present: Katelyn Huffman, City Clerk, Titi Siriphan, Assistant City Clerk. Page 3 III. APPROVAL OF RECORDS PRESENTED BY THE VICE PRESIDENT There were no minutes prepared for approval. IV. COMMUNICATIONS FROM THE MAYOR COMMUNICATIONS C-35 Dean J. Mazzarella, Mayor: Request that the Council vote to grant the attached Petition to allocate funds to leverage the Principal Planning Clerk’s stipend. (Finance; Regular Course 11/12/2019; Majority Vote) This communication was given regular course. V. MATTERS BEFORE CITY COUNCIL VI. CITY OF LEOMINSTER – FINANCIAL REPORT a. The balance of the Stabilization fund was $17,327,198.55. Councillor Freda if there was any news on Free Cash yet, Councillor David Cormier responded that there had not yet been word on Free Cash. VII. FINANCE C-32 Dean J. Mazzarella, Mayor: Request an appropriation of $6,590.00 to the Historical Expense Account; same amount to be transferred from the Stabilization Fund. (Finance; Regular Course 10/28/2019; 2/3 vote) The Finance Committee recommended to GRANT the communication. Vote: 6-0 the communication was GRANTED. ORDERED: Vote 6-0 the communication was ADOPTED. C-33 Dean J. Mazzarella, Mayor: Request an appropriation of $30,000.00 to the School Department Transportation Expense Account; same amount to be transferred from the Stabilization Fund. (Finance; Regular Course 10/28/2019; 2/3 Vote) The Finance Committee recommended to GRANT the communication. Vote: 6-0 the communication was GRANTED. ORDERED: Vote 6-0 the communication was ADOPTED. C-34 Dean J. Mazzarella, Mayor: Request an appropriation of $1,570.00 to the Board of Appeal Expense Account; same amount to be transferred from the Stabilization Fund. (Finance; Regular Course; 2/3 Vote) RE: Laptop computer for Board of Appeals related work. Page 4 The Finance Committee recommended to GRANT the communication. Vote: 6-0 the communication was GRANTED. ORDERED: Vote 6-0 the communication was ADOPTED. VIII. PUBLIC SERVICE 14-20 National Grid: Erdman Way – to install two, 4 inch diameter, concrete encased conduits and underground, three phase primary wires, approximately 275 ft from existing switchgear 1A to junction pullbox 4. Existing boxpad 4 is being replaced with a pullbox and new junction enclosure in the same location to accommodate the new conduit. (Public Service) (Regular Course 10/28/2019; Public Hearing 11/12/2019 @ 6:40 P.M. Majority Vote) The Public Service Committee recommended to amend petition 14-20 and accept the changes as presented on the sketch. Councillor Ardinger seconded the motion. The motion carried unanimously. Vote: 6-0 the petition was GRANTED. IX. NEW BUSINESS 1st Reading Ordinance 7-20 Gail P. Feckley: Request to amend Section 13-77, Stop Signs, of the Leominster Municipal Code, by adding a stop sign for north bound traffic on Dingley Street at Fairview Street. (Legal Affairs; Regular Course 9/23/2019; Further Time 10/15/2019; 2/3 Vote) The Legal Affairs Committee recommended to ADOPT the first reading of the ordinance. Vote: 6-0 the first reading was ADOPTED. 1st Reading Ordinance 8-20 Gail P. Feckley: Request to amend Section 13-77, Stop Signs, of the Leominster Municipal Code, by adding a stop sign for south bound traffic on Dingley Street at Tolman Avenue. (Legal Affairs; Regular Course 9/23/2019; Further Time 10/15/2019; Granted 10/28/2019; Public Hearing 11/12/2019 @ 6:34 P.M.; 2/3 Vote) The Legal Affairs Committee recommended to ADOPT the first reading of the ordinance. Vote: 6-0 the first reading was ADOPTED. 1st Reading Ordinance Page 5 9-20 Michael Goldman, Police Chief: Request to delete Section 13-26 of the Revised Ordinance for the City of Leominster and insert a new Section 13-26 as follows: A. Whenever the Mayor, or the Mayor’s designee, declares a snow emergency exists in the City in regard to snow plowing or snow removal by giving at least six hours' notice, it shall be unlawful for the owner, operator or person in charge of any vehicle (other than one acting in an emergency) to park such vehicle or permit or suffer the same to be parked on any public street in this City for the duration of the emergency. A snow emergency so declared shall continue for a forty-eight-hour period which may be extended by the Mayor or his or her designee as circumstances require. During said snow emergency, the Director of Public Works shall conduct snow plowing, removal, and sand and salt operations. B. The Mayor or the Mayor’s designee may remove the restrictions imposed in any snow emergency for areas of the City as they become cleared. C. The Director of Public Works shall notify the Leominster Police Department, activate CodeRed, and announce the snow emergency through TV, radio, newspaper and City social media outlets and as many other public channels as the Director deems necessary. D. The provision of this section shall not apply to handicapped parking areas located in residential zones. E. Any vehicle found in violation of this Section may be removed to a convenient place under the direction of an officer of the police department and the owner of the vehicle so removed, or towed away, shall be liable to the cost of such removal and storage. (Legal Affairs; Regular Course 9/23/2019; Further Time 10/15/2019; Granted 10/28/2019; Public Hearing 11/12/2019; 1st Reading 11/12/2019; Pending Referrals Mayor; 2/3 Vote) The Legal Affairs Committee recommended to ADOPT the first reading of the ordinance. Vote: 6-0 the first reading was ADOPTED. 1st Reading Ordinance 11-20 Claire M. Freda: Request to amend Section 13-77, Stop Signs, of the Leominster Municipal Code, by adding three stop signs for the following locations: Barry Lane at the intersection of Barry Lane and Debbie Drive. Barry Lane at the intersection of Barry Lane and Beth Avenue. Page 6 Jay Avenue at the intersection of Jay Avenue and Debbie Drive. (Legal Affairs; Regular Course 9/23/2019;Further Time 10/15/2019; Granted 10/28/2019; Public Hearing 11/12/2019 @6:38 P.M.; 1st Reading 11/12/2019; 2/3Vote) The Legal Affairs Committee recommended to ADOPT the first reading of the ordinance. Vote: 6-0 the first reading was ADOPTED. X. OLD BUSINESS • Councillor David Cormier reminded the public that Litchfield Street is closed until December 24th from Crimson Court to Mockingbird Lane. • Councillor Feckley reminded the public that North Street to Summer Street is now opened again and commended the DPW for doing a great job. XI. COMMUNITY CALENDAR • The City Council congratulated Rick Vaoutour and Jolene Constant for their amazing job with the Veteran’s ceremonies and planning. • Breakfast for the Bands at Leominster High School, November 24, 2019 from 8:00AM-11:30AM, $8.00 a ticket, kids under 12 free. • Elk’s Lodge, Football and cheer club banquet, November 25, 2019, doors open at 5:00PM, 6:15PM dinner, cost $20.00. • Police Department Building Committee update, still in progress another meeting on November 19. • Congratulations to Councillor Freda for being first Councillor to get Mass School Committees award. • Appreciation to the restaurants in the area for supporting veterans day celebrations. • Veteran’s Center breakfast tomorrow November 16, 2019. • New Service Club Dabce Friday 7:00PM-11:00PM to raise money for needy families. $10.00, Knights of Columbus. XII. ADJOURNMENT The meeting adjourned at 7:30PM. - Katelyn Huffman, City Clerk Page 7

Agenda

Council President Councillors-at-Large Richard M. Marchand John Dombrowski Council Vice President Claire M. Freda Gail P. Feckley Susan Chalifoux Zephir 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 NOVEMBER 12, 2019 JOHN P. MAHAN CITY COUNCIL CHAMBERS PUBLIC HEARING, 6:32 P.M. 7-20 Gail P. Feckley: Request to amend Section 13-77, Stop Signs, of the Leominster Municipal Code, by adding a stop sign for north bound traffic on Dingley Street at Fairview Street. (Legal Affairs; Regular Course 9/23/2019; Further Time 10/15/2019; Granted 10/28/2019; Public Hearing 11/12/2019 @ 6:32 P.M.; 1st Reading 11/12/2019; 2/3 Vote) PUBLIC HEARING, 6:34 P.M. 8-20 Gail P. Feckley: Request to amend Section 13-77, Stop Signs, of the Leominster Municipal Code, by adding a stop sign for south bound traffic on Dingley Street at Tolman Avenue. (Legal Affairs; Regular Course 9/23/2019; Further Time 10/15/2019; Granted 10/28/2019; Public Hearing 11/12/2019 @ 6:34 P.M.; 1st Reading 11/12/2019; 2/3 Vote) PUBLIC HEARING, 6:36 P.M. 9-20 Michael Goldman, Police Chief: Request to delete Section 13-26 of the Revised Ordinance for the City of Leominster and insert a new Section 13-26 as follows: A. Whenever the Mayor, or the Mayor’s designee, declares a snow emergency exists in the City in regard to snow plowing or snow removal by giving at least six hours' notice, it shall be unlawful for the owner, operator or person in charge of any vehicle (other than one acting in an emergency) to park such vehicle or permit or suffer the same to be parked on any public street in this City for the duration of the emergency. A snow emergency so declared shall continue for a forty-eight-hour period which may be extended by the Mayor or his or her designee as circumstances require. During said snow emergency, the Director of Public Works shall conduct snow plowing, removal, and sand and salt operations. B. The Mayor or the Mayor’s designee may remove the restrictions imposed in any snow emergency for areas of the City as they become cleared. C. The Director of Public Works shall notify the Leominster Police Department, activate CodeRed, and announce the snow emergency through TV, radio, newspaper and City social media outlets and as many other public channels as the Director deems necessary. D. The provision of this section shall not apply to handicapped parking areas located in residential zones. E. Any vehicle found in violation of this Section may be removed to a convenient place under the direction of an officer of the police department and the owner of the vehicle so removed, or towed away, shall be liable to the cost of such removal and storage. (Legal Affairs; Regular Course 9/23/2019; Further Time 10/15/2019; Granted 10/28/2019; Public Hearing 11/12/2019; 1st Reading 11/12/2019; Pending Referrals Mayor; 2/3 Vote) PUBLIC HEARING, 6:38 P.M. 11-20 Claire M. Freda: Request to amend Section 13-77, Stop Signs, of the Leominster Municipal Code, by adding three stop signs for the following locations: Barry Lane at the intersection of Barry Lane and Debbie Drive. Barry Lane at the intersection of Barry Lane and Beth Avenue. Jay Avenue at the intersection of Jay Avenue and Debbie Drive. (Legal Affairs; Regular Course 9/23/2019;Further Time 10/15/2019; Granted 10/28/2019; Public Hearing 11/12/2019 @6:38 P.M.; 1st Reading 11/12/2019; 2/3Vote) PUBLIC HEARING, 6:40 P.M. 14-20 National Grid: Erdman Way – to install two, 4 inch diameter, concrete encased conduits and underground, three phase primary wires, approximately 275 ft from existing switchgear 1A to junction pullbox 4. Existing boxpad 4 is being replaced with a pullbox and new junction enclosure in the same location to accommodate the new conduit. (Public Service) (Regular Course 10/28/2019; Public Hearing 11/12/2019 @ 6:40 P.M. Majority Vote) 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. 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 COMMUNICATIONS C-35 Dean J. Mazzarella, Mayor: Request that the Council vote to grant the attached Petition to allocate funds to leverage the Principal Planning Clerk’s stipend. (Finance; Regular Course 11/12/2019; Majority Vote) V. MATTERS BEFORE CITY COUNCIL VI. CITY OF LEOMINSTER – FINANCIAL REPORT VII. FINANCE C-32 Dean J. Mazzarella, Mayor: Request an appropriation of $6,590.00 to the Historical Expense Account; same amount to be transferred from the Stabilization Fund. (Finance; Regular Course 10/28/2019; 2/3 vote) C-33 Dean J. Mazzarella, Mayor: Request an appropriation of $30,000.00 to the School Department Transportation Expense Account; same amount to be transferred from the Stabilization Fund. (Finance; Regular Course 10/28/2019; 2/3 Vote) C-34 Dean J. Mazzarella, Mayor: Request an appropriation of $1,570.00 to the Board of Appeal Expense Account; same amount to be transferred from the Stabilization Fund. (Finance; Regular Course; 2/3 Vote) RE: Laptop computer for Board of Appeals related work. VIII. PUBLIC SERVICE 14-20 National Grid: Erdman Way – to install two, 4 inch diameter, concrete encased conduits and underground, three phase primary wires, approximately 275 ft from existing switchgear 1A to junction pullbox 4. Existing boxpad 4 is being replaced with a pullbox and new junction enclosure in the same location to accommodate the new conduit. (Public Service) (Regular Course 10/28/2019; Public Hearing 11/12/2019 @ 6:40 P.M. Majority Vote) Page 3 IX. NEW BUSINESS 1st Reading Ordinance 7-20 Gail P. Feckley: Request to amend Section 13-77, Stop Signs, of the Leominster Municipal Code, by adding a stop sign for north bound traffic on Dingley Street at Fairview Street. (Legal Affairs; Regular Course 9/23/2019; Further Time 10/15/2019; 2/3 Vote) 1st Reading Ordinance 8-20 Gail P. Feckley: Request to amend Section 13-77, Stop Signs, of the Leominster Municipal Code, by adding a stop sign for south bound traffic on Dingley Street at Tolman Avenue. (Legal Affairs; Regular Course 9/23/2019; Further Time 10/15/2019; Granted 10/28/2019; Public Hearing 11/12/2019 @ 6:34 P.M.; 2/3 Vote) 1st Reading Ordinance 9-20 Michael Goldman, Police Chief: Request to delete Section 13-26 of the Revised Ordinance for the City of Leominster and insert a new Section 13-26 as follows: A. Whenever the Mayor, or the Mayor’s designee, declares a snow emergency exists in the City in regard to snow plowing or snow removal by giving at least six hours' notice, it shall be unlawful for the owner, operator or person in charge of any vehicle (other than one acting in an emergency) to park such vehicle or permit or suffer the same to be parked on any public street in this City for the duration of the emergency. A snow emergency so declared shall continue for a forty-eight-hour period which may be extended by the Mayor or his or her designee as circumstances require. During said snow emergency, the Director of Public Works shall conduct snow plowing, removal, and sand and salt operations. B. The Mayor or the Mayor’s designee may remove the restrictions imposed in any snow emergency for areas of the City as they become cleared. C. The Director of Public Works shall notify the Leominster Police Department, activate CodeRed, and announce the snow emergency through TV, radio, newspaper and City social media outlets and as many other public channels as the Director deems necessary. D. The provision of this section shall not apply to handicapped parking areas located in residential zones. E. Any vehicle found in violation of this Section may be removed to a convenient place under the direction of an officer of the police department and the owner of the vehicle so removed, or towed away, shall be liable to the cost of such removal and storage. (Legal Affairs; Regular Course 9/23/2019; Further Time 10/15/2019; Granted 10/28/2019; Public Hearing 11/12/2019; 1st Reading 11/12/2019; Pending Referrals Mayor; 2/3 Vote) Page 4 1st Reading Ordinance 11-20 Claire M. Freda: Request to amend Section 13-77, Stop Signs, of the Leominster Municipal Code, by adding three stop signs for the following locations: Barry Lane at the intersection of Barry Lane and Debbie Drive. Barry Lane at the intersection of Barry Lane and Beth Avenue. Jay Avenue at the intersection of Jay Avenue and Debbie Drive. (Legal Affairs; Regular Course 9/23/2019;Further Time 10/15/2019; Granted 10/28/2019; Public Hearing 11/12/2019 @6:38 P.M.; 1st Reading 11/12/2019; 2/3Vote) X. OLD BUSINESS XI. COMMUNITY CALENDAR XII. ADJOURNMENT - Katelyn Huffman, City Clerk Page 5

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