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City Council

Regular Meeting

Leominster, MA · January 13, 2020

AgendaMinutes

Minutes

Council President Councillors-at-Large Mark C. Bodanza 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 – Peter A. Angelini MINUTES CITY OF LEOMINSTER CITY COUNCIL JANUARY 13, 2020 JOHN P. MAHAN CITY COUNCIL CHAMBERS PUBLIC HEARING, 6:35 P.M. 24-20 National Grid to install 1 Jointly Owned Pole on Hamilton Street beginning at a point approximately 126 feet southwest of the centerline of the intersection of Main Street & Hamilton Street. Install P44 Hamilton Street. (Public Service; Regular Course 12/09/2019; Public Hearing 1/13/2020 @ 6:35 PM; Majority Vote) The public hearing opened at 6:35 PM. Robert Williams, a National Grid Designer, spoke in favor of the petition. He explained the change and pole are needed to comply with current safety standards. Councillor Freda asked three times if there was anyone else who would like to speak for or against the petition. No one spoke. The public hearing was closed at 6:37 PM. PUBLIC HEARING, 6:37 P.M. 17-20 David R. Cormier: Request a stop sign on South Street against southbound drivers at Tisdale Street. (Legal Affairs; Regular Course 11/25/2019; Public Hearing 1/13/2020 @ 6:37 P.M.; Further Time 12/9/2019; Pending Referrals Police, Traffic; 2/3 Vote) The public hearing opened at 6:37 PM. Councillor Dombrowski asked three times if anyone would like to speak for or against the petition. He also stated that the referral from Traffic came back and they were okay with the petition. No one spoke. The public hearing closed at 6:38 PM. PUBLIC HEARING, 6:38 P.M. 18-20 David R. Cormier: Request to install a stop sign on South Street against northbound drivers at Crown Street. (Legal Affairs; Regular Course 11/25/2019; Public Hearing 1/13/2020 @ 6:38 P.M.; Further Time 12/9/2019; 2/3 Vote) The public hearing opened at 6:38 PM. Councillor Dombrowski asked three times if anyone would like to speak for or against the petition. He also stated that the referral from Traffic came back and they were okay with the petition. No one spoke. The public hearing closed at 6:39 PM. PUBLIC HEARING, 6:39 P.M. 19-20 David R. Cormier: Request to Amend Chapter 13, Section 13-77 Stop Signs and add the following: (Legal Affairs; Regular Course 11/25/2019; Public Hearing 1/13/2020 @ 6:39 P.M.; Further Time 12/9/2019; Pending Referral Traffic;2/3 Vote) • Comstock Road against southbound drivers at Union Street. • Comstock Road against eastbound drivers at Duggan Drive. • Duggan Drive against southeast bound drivers at Union Street. • Duggan Drive against westbound drivers at Glenwood Drive. • The public hearing opened at 6:39 PM. Councillor Dombrowski asked three times if anyone would like to speak for or against the petition. He also stated that the referral from Traffic came back and they were okay with the petition. No one spoke. The public hearing closed at 6:41 PM. PUBLIC HEARING, 6:40 P.M. 20-20 Patrick Bresnahan, Leominster Police Officer: Requests “no parking” signs on North Main, East, and Priest Street. Also “no parking between signs” on poles #24 and #25 located in front of 227 Priest Street. (Legal Affairs; Regular Course 11/25/2019; Public Hearing 1/13/2020 @ 6:40 P.M.; Further Time 12/9/2019; 2/3 Vote) The public hearing opened at 6:41PM. Councillor Dombrowski asked three times if anyone would like to speak for or against the petition. He also stated that the referral from Traffic came back and they were okay with the petition. No one spoke. The public hearing closed at 6:42PM. 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 6:45 PM. Beth Spinelli, 35 Massapoag Rd, spoke for the acceptance of Dobson Circle and Massapoag Rd. She explained that when there is inclement weather such as snow, it causes safety problems for all. Page 2 Fred Longenecker, 90 Dobson Circle, also spoke in support of the Dobson Circle and Massapoag Rd acceptance petition. He also informed the council that there is a broken fire hydrant at the end of the cul-de-sac. The public forum closed at 6:50 PM. I. REGULAR MEETING OF THE CITY COUNCIL, 7:00 P.M. The regular meeting opened at 7:00PM. II. ROLL CALL OF COUNCILLORS IN ATTENDANCE Council President Bodanza, Council Vice President Feckley, Councillor David Cormier, Councillor Pauline Cormier, Councillor Ardinger, Councillor Angelini, Councillor Chalifoux Zephir, Councillor Dombrowski, Councillor Freda present. Others present: Katelyn Huffman, City Clerk, Titi Siriphan, Assistant City Clerk. III. APPROVAL OF RECORDS PRESENTED BY THE VICE PRESIDENT • December 9, 2019 – Meeting minutes were approved as amended. • December 16, 2019 – Special Meeting – Meeting minutes were approved. IV. COMMUNICATIONS FROM THE MAYOR COMMUNICATIONS C-44 Dean J. Mazzarella, Mayor: Request that the Leominster City Council vote to adopt an Order to authorize the Mayor, on behalf of the City, to enter into lease agreements for eleven (11) certain properties described as attached. (Legal Affairs; Regular Course 1/13//2020; Majority Vote) This communication was given regular course with a referral to the chief assessor, health director and treasurer. ORDERS C-45 Dean J. Mazzarella, Mayor: Relative to the appropriation of $70,000.00 be made to the Gallagher Building Salary & Wages account; same amount to be transferred from the Gallagher Building Revolving Fund. (Finance; Regular Course 1/13/2020; Majority Vote) RE: Craftsman Salary: $56,528.00 Gallagher Overtime: $13,472.00 Page 3 $70,000.00 This communication was given regular course. C-46 Dean J. Mazzarella, Mayor: Relative to the appropriation of $36,375.00 be made to the Police Department Expense Account; same amount to be transferred from the Stabilization Fund. (Finance; Regular Course 1/13/2020; 2/3 Vote) This communication was given regular course. V. PETITIONS FIRST TIME ON THE AGENDA 25-20 National Grid and Verizon New England, Inc.: Nashua Street – Requests to install 4 Jointly Owned Poles on Nashua Street beginning at a point approximately 15 feet southwest of the centerline of the intersection of Main Street & Nashua Street and continuing approximately 311 feet in a southeast direction. (Public Service; Regular Course 1/13/2020; Public Hearing TBD; Majority Vote) This petition was given regular course and it was recommended that a public hearing be set for January 27, 2020 at 6:40 PM. Vote: 9-0 the public hearing was set and the communication was given regular course. 26-20 Jeffrey D. Nickel and ten registered voters to accept Dobson Circle as a street in the City of Leominster. (Legal Affairs; Regular Course 1/13/2020; Majority Vote) This petition was given regular course with a referral to the DPW Director, City Engineer, Planning Director, Planning Board, and Building Department. 27-20 Beth Spinelli and ten registered voters to accept Massapoag Road as a street in the City of Leominster. (Legal Affairs; Regular Course 1/13/2020; Majority Vote) This petition was given regular course with a referral to the DPW Director, City Engineer, Planning Director, Planning Board, and Building Department. Page 4 28-20 Officer Julio Ramos: Install stop signs and no parking signs on Research Drive. (Legal Affairs; Regular Course 1/13/2020; Majority Vote) This petition was given regular course with a referral to the traffic agent. 29-20 Jill A. Natola: to accept Samoset Drive and Candlewood Drive as a street in the City of Leominster. (Legal Affairs; Regular Course 1/13/2020; Majority Vote) This petition was given regular course with a referral to the DPW Director, City Engineer, Planning Director, Planning Board, and Building Department. 30-20 Gregory C. Chapdelaine, Purchasing Agent, and Paula Deacon, Superintendent of Schools: Request to allow the Purchasing Agent to award a contract for Internet Connectivity Services for a five-year period, on behalf of the School Department. (Finance; Regular Course 1/13/2020; Majority Vote) This petition was given regular course. 31-20 Katelyn Huffman, City Clerk: A resolution authorizing a policy regarding electioneering during absentee voting for the 2020 State and Federal elections. (Ways & Means; Regular Course 1/13/2020; Majority Vote) This petition was given regular course with a referral to the Board of Registrars and City Solicitor. VI. MATTERS BEFORE CITY COUNCIL VII. CITY OF LEOMINSTER – FINANCIAL REPORT The balance of the stabilization fund was $16, 412, 923.55. VIII. FINANCE C-42 Dean J. Mazzarella, Mayor: Relative to the appropriation of $4,000.00 be made to the Highway Expense Account; same amount to be transferred from the Stabilization Fund. (Finance; Regular Course 12/9/2019; 2/3 Vote) RE: OSHA compliance grant match. Page 5 The finance committee recommended that the communication be GRANTED. Vote 9-0 the communication was GRANTED. ORDERED: Roll Call vote: 9-0 the communication was ADOPTED. C-43 Dean J. Mazzarella, Mayor: Relative to the appropriation of $3,300.00 be made to the Building Department Expense Account; same amount to be transferred from the Stabilization Fund. (Finance; Regular Course 12/09/2019; 2/3 Vote) The finance committee recommended that the communication be GRANTED. Vote 9-0 the communication was GRANTED. ORDERED: Roll Call vote: 9-0 the communication was ADOPTED. IX. LEGAL AFFAIRS 59-18 James Whitney and ten registered voters: Amend the Zoning Ordinance to add drive through to the allowable uses under MU-1 zoning. (Legal Affairs; Regular Course 4/09/2018; Further Time 4/23/2018, 5/14/2018; 12/9/2019; Public Hearing 5/14/2018; Public Hearing Continued to 5/29/2018; Granted 5/29/2018; Public Hearing 12/09/2019 @ 6:40 P.M.) Councillor Dombrowski made a motion to amend the petition after the period, to read “Provided the applicant obtain a special permit from the Planning Board.” Councillor David Cormier seconded the motion. The motion carried unanimously. The Legal affairs committee recommended that the petition be GRANTED. Vote: 9-0 the petition was GRANTED. 15-20 Jill A. Natola: Petition for acceptance of Sawtelle Road, Montrose Street and a portion of Richard Road. (Legal Affairs; Regular Course 11/25/2019; Further Time 12/9/2019; Majority Vote) The Legal Affairs committee recommended that the petition be GRANTED with the understanding that a petition will be submitted for the name change soon. Vote: 9-0 the petition was GRANTED. 16-20 Jill A. Natola: Petition for acceptance of easement for Research Drive Extension. (Legal Affairs; Regular Course 11/25/2019; Further Time 12/9/2019; Majority Vote) The Legal Affairs committee recommended that the petition be GRANTED. Vote: 9-0 the petition was GRANTED. 17-20 David R. Cormier: Request a stop sign on South Street against southbound drivers at Tisdale Street. (Legal Affairs; Regular Course 11/25/2019; Page 6 Public Hearing 1/13/2020 @ 6:37 P.M.; Further Time 12/9/2019; Pending Referrals Police, Traffic; 2/3 Vote) The Legal Affairs committee recommended that the petition be GRANTED. Roll Call Vote: 9-0 the petition was GRANTED. 18-20 David R. Cormier: Request to install a stop sign on South Street against northbound drivers at Crown Street. (Legal Affairs; Regular Course 11/25/2019; Public Hearing 1/13/2020 @ 6:38 P.M.; Further Time 12/9/2019; 2/3 Vote) The Legal Affairs committee recommended that the petition be GRANTED. Roll Call Vote: 9-0 the petition was GRANTED. 19-20 David R. Cormier: Request to Amend Chapter 13, Section 13-77 Stop Signs and add the following: (Legal Affairs; Regular Course 11/25/2019; Public Hearing 1/13/2020 @ 6:39 P.M.; Further Time 12/9/2019; Pending Referral Traffic;2/3 Vote) • Comstock Road against southbound drivers at Union Street. • Comstock Road against eastbound drivers at Duggan Drive. • Duggan Drive against southeast bound drivers at Union Street. • Duggan Drive against westbound drivers at Glenwood Drive. The Legal Affairs committee recommended that the petition be GRANTED. Roll Call Vote: 9-0 the petition was GRANTED. 20-20 Patrick Bresnahan, Leominster Police Officer: Requests “no parking” signs on North Main, East, and Priest Street. Also “no parking between signs” on poles #24 and #25 located in front of 227 Priest Street. (Legal Affairs; Regular Course 11/25/2019; Public Hearing 1/13/2020 @ 6:40 P.M.; Further Time 12/9/2019; 2/3 Vote) The Legal Affairs committee recommended that the petition be given FURTHER TIME. Roll Call Vote: 9-0 the petition was FURTHER TIME. X. PUBLIC SERVICE 24-20 National Grid to install 1 Jointly Owned Pole on Hamilton Street beginning at a point approximately 126 feet southwest of the centerline of the intersection of Main Street & Hamilton Street. Install P44 Hamilton Street. (Public Service; Regular Course 12/09/2019; Public Hearing 1/13/2019 @ 6:35 PM; Majority Vote) Page 7 The Public Service committee recommended that the petition be GRANTED. Councillor David Cormier abstained from the vote due to a conflict of interest. Vote: 8-0 the petition was GRANTED. XI. WAYS & MEANS Appointment of Legal Counsel - Leominster City Council Appoint Stephen Maddaus of Mirick O’Connell as the City Council’s Legal Counsel for 2020. (Ways & Means; First time on the agenda at the Organizational Meeting 1/6/2020; Majority Vote) The Ways and Means committee recommended that the appointment be given FURTHER TIME. Vote 9-0 the appointment was given FURTHER TIME. XII. NEW BUSINESS XIII. OLD BUSINESS • Councillor Freda gave a brief update about the Police department building project. She informed the Council that a Lancaster street property would be bought in the future and that a project architect was hired for the project. XIV. COMMUNITY CALENDAR XV. ADJOURNMENT The meeting adjourned at 7:40PM. - Katelyn Huffman, City Clerk Page 8

Agenda

Council President Councillors-at-Large Mark C. Bodanza 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 – Peter A. Angelini CITY OF LEOMINSTER CITY COUNCIL JANUARY 13, 2020 JOHN P. MAHAN CITY COUNCIL CHAMBERS PUBLIC HEARING, 6:35 P.M. 24-20 National Grid to install 1 Jointly Owned Pole on Hamilton Street beginning at a point approximately 126 feet southwest of the centerline of the intersection of Main Street & Hamilton Street. Install P44 Hamilton Street. (Public Service; Regular Course 12/09/2019; Public Hearing 1/13/2020 @ 6:35 PM; Majority Vote) PUBLIC HEARING, 6:37 P.M. 17-20 David R. Cormier: Request a stop sign on South Street against southbound drivers at Tisdale Street. (Legal Affairs; Regular Course 11/25/2019; Public Hearing 1/13/2020 @ 6:37 P.M.; Further Time 12/9/2019; Pending Referrals Police, Traffic; 2/3 Vote) PUBLIC HEARING, 6:38 P.M. 18-20 David R. Cormier: Request to install a stop sign on South Street against northbound drivers at Crown Street. (Legal Affairs; Regular Course 11/25/2019; Public Hearing 1/13/2020 @ 6:38 P.M.; Further Time 12/9/2019; 2/3 Vote) PUBLIC HEARING, 6:39 P.M. 19-20 David R. Cormier: Request to Amend Chapter 13, Section 13-77 Stop Signs and add the following: (Legal Affairs; Regular Course 11/25/2019; Public Hearing 1/13/2020 @ 6:39 P.M.; Further Time 12/9/2019; Pending Referral Traffic;2/3 Vote) • Comstock Road against southbound drivers at Union Street. • Comstock Road against eastbound drivers at Duggan Drive. • Duggan Drive against southeast bound drivers at Union Street. • Duggan Drive against westbound drivers at Glenwood Drive. PUBLIC HEARING, 6:40 P.M. 20-20 Patrick Bresnahan, Leominster Police Officer: Requests “no parking” signs on North Main, East, and Priest Street. Also “no parking between signs” on poles #24 and #25 located in front of 227 Priest Street. (Legal Affairs; Regular Course 11/25/2019; Public Hearing 1/13/2020 @ 6:40 P.M.; Further Time 12/9/2019; 2/3 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. 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 • December 9, 2019 • December 16, 2019 – Special Meeting IV. COMMUNICATIONS FROM THE MAYOR COMMUNICATIONS C-44 Dean J. Mazzarella, Mayor: Request that the Leominster City Council vote to adopt an Order to authorize the Mayor, on behalf of the City, to enter into lease agreements for eleven (11) certain properties described as attached. (Legal Affairs; Regular Course 1/13//2020; Majority Vote) ORDERS C-45 Dean J. Mazzarella, Mayor: Relative to the appropriation of $70,000.00 be made to the Gallagher Building Salary & Wages account; same amount to be transferred from the Gallagher Building Revolving Fund. (Finance; Regular Course 1/13/2020; Majority Vote) RE: Craftsman Salary: $56,528.00 Gallagher Overtime: $13,472.00 $70,000.00 Page 2 COMMUNICTIONS FROM THE MAYOR, continued C-46 Dean J. Mazzarella, Mayor: Relative to the appropriation of $36,375.00 be made to the Police Department Expense Account; same amount to be transferred from the Stabilization Fund. (Finance; Regular Course 1/13/2020; 2/3 Vote) V. PETITIONS FIRST TIME ON THE AGENDA 25-20 National Grid and Verizon New England, Inc.: Nashua Street – Requests to install 4 Jointly Owned Poles on Nashua Street beginning at a point approximately 15 feet southwest of the centerline of the intersection of Main Street & Nashua Street and continuing approximately 311 feet in a southeast direction. (Public Service; Regular Course 1/13/2020; Public Hearing TBD; Majority Vote) 26-20 Jeffrey D. Nickel and ten registered voters to accept Dobson Circle as a street in the City of Leominster. (Legal Affairs; Regular Course 1/13/2020; Majority Vote) 27-20 Beth Spinelli and ten registered voters to accept Massapoag Road as a street in the City of Leominster. (Legal Affairs; Regular Course 1/13/2020; Majority Vote) 28-20 Officer Julio Ramos: Install stop signs and no parking signs on Research Drive. (Legal Affairs; Regular Course 1/13/2020; Majority Vote) 29-20 Jill A. Natola: to accept Samoset Drive and Candlewood Drive as a street in the City of Leominster. (Legal Affairs; Regular Course 1/13/2020; Majority Vote) 30-20 Gregory C. Chapdelaine, Purchasing Agent, and Paula Deacon, Superintendent of Schools: Request to allow the Purchasing Agent to award a contract for Internet Connectivity Services for a five-year period, on behalf of the School Department. (Finance; Regular Course 1/13/2020; Majority Vote) 31-20 Katelyn Huffman, City Clerk: A resolution authorizing a policy regarding electioneering during absentee voting for the 2020 State and Federal elections. (Ways & Means; Regular Course 1/13/2020; Majority Vote) VI. MATTERS BEFORE CITY COUNCIL VII. CITY OF LEOMINSTER – FINANCIAL REPORT Page 3 VIII. FINANCE C-42 Dean J. Mazzarella, Mayor: Relative to the appropriation of $4,000.00 be made to the Highway Expense Account; same amount to be transferred from the Stabilization Fund. (Finance; Regular Course 12/9/2019; 2/3 Vote) RE: OSHA compliance grant match. C-43 Dean J. Mazzarella, Mayor: Relative to the appropriation of $3,300.00 be made to the Building Department Expense Account; same amount to be transferred from the Stabilization Fund. (Finance; Regular Course 12/09/2019; 2/3 Vote) IX. LEGAL AFFAIRS 59-18 James Whitney and ten registered voters: Amend the Zoning Ordinance to add drive through to the allowable uses under MU-1 zoning. (Legal Affairs; Regular Course 4/09/2018; Further Time 4/23/2018, 5/14/2018; 12/9/2019; Public Hearing 5/14/2018; Public Hearing Continued to 5/29/2018; Granted 5/29/2018; Public Hearing 12/09/2019 @ 6:40 P.M.) 15-20 Jill A. Natola: Petition for acceptance of Sawtelle Road, Montrose Street and a portion of Richard Road. (Legal Affairs; Regular Course 11/25/2019; Further Time 12/9/2019; Majority Vote) 16-20 Jill A. Natola: Petition for acceptance of easement for Research Drive Extension. (Legal Affairs; Regular Course 11/25/2019; Further Time 12/9/2019; Majority Vote) 17-20 David R. Cormier: Request a stop sign on South Street against southbound drivers at Tisdale Street. (Legal Affairs; Regular Course 11/25/2019; Public Hearing 1/13/2020 @ 6:37 P.M.; Further Time 12/9/2019; Pending Referrals Police, Traffic; 2/3 Vote) 18-20 David R. Cormier: Request to install a stop sign on South Street against northbound drivers at Crown Street. (Legal Affairs; Regular Course 11/25/2019; Public Hearing 1/13/2020 @ 6:38 P.M.; Further Time 12/9/2019; 2/3 Vote) 19-20 David R. Cormier: Request to Amend Chapter 13, Section 13-77 Stop Signs and add the following: (Legal Affairs; Regular Course 11/25/2019; Public Hearing 1/13/2020 @ 6:39 P.M.; Further Time 12/9/2019; Pending Referral Traffic;2/3 Vote) • Comstock Road against southbound drivers at Union Street. • Comstock Road against eastbound drivers at Duggan Drive. • Duggan Drive against southeast bound drivers at Union Street. • Duggan Drive against westbound drivers at Glenwood Drive. Page 4 LEGAL AFFAIRS, continued 20-20 Patrick Bresnahan, Leominster Police Officer: Requests “no parking” signs on North Main, East, and Priest Street. Also “no parking between signs” on poles #24 and #25 located in front of 227 Priest Street. (Legal Affairs; Regular Course 11/25/2019; Public Hearing 1/13/2020 @ 6:40 P.M.; Further Time 12/9/2019; 2/3 Vote) X. PUBLIC SERVICE 24-20 National Grid to install 1 Jointly Owned Pole on Hamilton Street beginning at a point approximately 126 feet southwest of the centerline of the intersection of Main Street & Hamilton Street. Install P44 Hamilton Street. (Public Service; Regular Course 12/09/2019; Public Hearing 1/13/2019 @ 6:35 PM; Majority Vote) XI. WAYS & MEANS Appointment of Legal Counsel - Leominster City Council Appoint Stephen Maddaus of Merrick O’Connell as the City Council’s Legal Counsel for 2020. (Ways & Means; First time on the agenda at the Organizational Meeting 1/6/2020; Majority Vote) XII. NEW BUSINESS XIII. OLD BUSINESS XIV. COMMUNITY CALENDAR XV. ADJOURNMENT - Katelyn Huffman, City Clerk Page 5

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