City Council

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 FEBRUARY 10, 2020 JOHN P. MAHAN CITY COUNCIL CHAMBERS PUBLIC FORUM, 6:55 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 6:55PM. John Deccico, 193 North Main Street, asked the City Council to support petition 36-20 for water and sewer connections. He expressed his concern with the old pipes and the burden it puts on citizens to pay for them when they break. He also expressed the importance of a reliable water system in the City. Jeffrey Nickel, 51 Dobson Circle, asked the City Council to support petition 26-20, the acceptance of Dobson Circle as a street in the City of Leominster. He informed the Council there is concern about the roads maintenance, safety and a hydrant that is currently not in working order. Council President Bodanza asked three times if anyone else would like to speak. No one spoke. The public forum closed at 7:04PM. I. REGULAR MEETING OF THE CITY COUNCIL, 7:00 P.M. The regular meeting of the City Council opened at 7:00PM. Councillor David Cormier made a motion to recess. Councillor Pauline Cormier seconded the motion. The motion carried unanimously. Vote: 9-0. The Council went into  recess at 7:01PM. The regular meeting resumed after the completion of the public forum at 7:04PM. II. ROLL CALL OF COUNCILLORS IN ATTENDANCE Council President Bodanza, Council Vice President Feckley, Councillor Freda, Councillor Dombrowski, Councillor Chalifoux Zephir, Councillor Angelini, Councillor Ardinger, Councillor Pauline Cormier and Councillor David Cormier present. Others Present: Katelyn Huffman, City Clerk, Titi Siriphan, Assistant City Clerk. III. APPROVAL OF RECORDS PRESENTED BY THE VICE PRESIDENT • January 27, 2020 Minutes – These minutes were approved and placed on file. IV. COMMUNICATIONS FROM THE MAYOR ORDERS C-50 Dean J. Mazzarella, Mayor: Relative to the appropriation of $112,768.00 be made to the Street Resurfacing Expense Account; the same amount to be transferred from the Highway State Aid Reserved for Appropriation Account. (Finance; Regular Course 2/10/2020; Majority Vote) RE: Chapter 90 Supplemental Aid for Fiscal Year 2020. This communication was given regular course. C-51 Dean J. Mazzarella, Mayor: Relative to the appropriation of $250,000.00 to be made to the Snow & Ice Expense Account; the same amount to be transferred from the Stabilization Fund. (Finance; Regular Course 2/10/2020; 2/3 Vote) This communication was given regular course. C-52 Dean J. Mazzarella, Mayor: Relative to the appropriation of $50,000.00 be made to the Snow & Ice Overtime Account; the same amount to be transferred from the Stabilization Fund. (Finance; Regular Course 2/10/2020; 2/3 Vote) This communication was given regular course. Page 2 COMMUNICATIONS C-53 Dean J. Mazzarella, Mayor: Request authorization to acquire, by purchase, gift, and/or eminent domain, a parcel of land located at 51 Lancaster Street, Leominster, containing 0.435 acres, more or less, and being the premises described in a deed recorded with the Worcester North District Registry of Deeds in Book 8240, Page 369 for general municipal purposes on such term and conditions as the Mayor deems in the best interests of the City, and further to authorize the Mayor to enter into any all agreements and execute any and all instruments as may be necessary or convenient to affect said acquisition. (City Property; Regular Course 2/10/2020; 2/3 Vote) This communication was given regular course and a public hearing was set for February 24, 2020 at 6:47PM. Vote: 9-0. Councillor Angelini explained to the Council that this communication is relevant to the new Police Station Project and would result in the demolition of the building at the property, which would open up space to create a second egress for the new police station. Councillor Freda told the Council that it is a sensitive communication and if there were any questions, to contact William Mitchell, Chief Assessor, directly. COMMUNICATIONS, SUSPENSION OF THE RULES C-54 Dean J. Mazzarella, Mayor: Request that the City Council submit a request, pursuant to Article II, Section 8, Paragraph 1, Clause (1) of the Amendments of the Constitution, as amended by Article LXXXIX, that State Senator Dean Tran and State Representative Natalie Higgins file special legislation with the General Court, on behalf of the city, seeking to exempt the positions of Police Chief and Police Captain from the Civil Service Law, G.L. c. 31, as follows: AN ACT EXEMPTING THE POSITIONS OF POLICE CHIEF AND POLICE CAPTAIN IN THE CITY OF LEOMINSTER FROM THE CIVIL SERVICE LAW. Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same as follows: SECTION 1: The positions of police chief and police captain in the City of Leominster shall be exempt from Chapter 31 of the General Laws. SECTION 2: This act shall take effect upon its passage. (Legal Affairs; Suspension of the Rules 02/10/2020; Regular Course 02/10/2020; Majority Vote) Council President Bodanza made a motion to suspend the rules. Councillor Angelini seconded the motion. Vote: 6-3 (Councillor David Page 3  Cormier, Councillor Freda, Councillor Feckley voting nay), the rules were suspended the communication C-54 was entered onto the agenda. This communication was given regular course with referrals requested from the Police Chief, Mayor, and Police Unions (all). It was also requested that information from other communities be gathered, to compare who also takes part in this practice. V. PETITIONS FIRST TIME ON THE AGENDA 37-20 The Botanist: Grant a Special Permit to operate a Medical Marijuana Facility located at 1775 Lock Drive. (Legal Affairs; Regular Course 02/10/2020; Majority Vote) This petition was given regular course with referrals requested from the Mayor, Planning Board, Building Department, Zoning Board of Appeals, and Health Director. It was recommended that a public hearing be set once the referrals are received. It was also clarified that this is a new permit application. VI. PETITIONS FIRST TIME ON THE AGENDA, CONTINUED 38-20 Elizabeth Wood, Planning Director: Petition to Amend Section 22-34.2.1 accordingly: 34.2.1 The FP District includes those areas designated as a floodway on the Leominster, Massachusetts Flood Boundary and Floodway Map (the “FBFM”), Community Panel Numbers 250314-0001-0010, effective September 16, 1982, and all special flood hazard areas designated as either Zone A or Zone A-I through A-30 on the Leominster, Massachusetts Flood Insurance Rate Map (the “FIRM”) Community Panel Numbers 250314-0001-0010, effective September 16, 1982 and Community Panel Number 250314-0003, amended April 3, 1989. The Leominster Floodplain District is herein established as an overlay district. The District includes all special flood hazard areas designated on the City of Leominster Flood Insurance Rate Map (FIRM) issued by the Federal Emergency Management Agency (FEMA) for the administration of the NFIP dated September 16, 1982 as Zone A, AE, AH, AO, A1-30 and A99, and the FEMA Flood Boundary & Floodway Map dated September 16, 1982, both maps which indicate the 100-year regulatory floodplain. The exact boundaries of the District may be defined by the 100-year base flood elevations shown on the FIRM and further defined by the Flood Insurance Study (FIS) report dated April 3, 1989. The FIRM, Flood Boundary & Floodway Map, and FIS report are incorporated herein by reference and are on file with the Town Clerk, Building Official, and Planning and Development Department. Amend Section 34.2.3.3.2 accordingly: NFIP State Coordinator, MA Department of Conservation and Recreation, 251 Causeway St., Suite 500-700, 8th floor, Page 4  Boston, MA 02114-2104; and (Legal Affairs; Regular Course 02/10/2020; Majority Vote) This petition was given further time with referrals to the Conservation Department, Zoning Board of Appeals, Planning Board, Planning Director, and Building Department. A public hearing was voted to be set for February 24, 2020 at 6:40PM. A set of questions was provided to the City Clerk from Councillor Angelini and Councillor Freda to submit to the Planning Director to respond to in regards to this petition. 39-20 Roger Brooks, DPW Water & Sewer Manager: Request to amend Chapter 21, Article III, Section 21-22.3, of the Leominster City Ordinance, as follows: SEE ATTACHED. (Legal Affairs; Regular Course 2/10/2020; 2/3 Vote) Councillor Cormier made a motion to amend the agenda to include the tables on the agenda. Councillor Chalifoux Zephir seconded the motion. The motion carried unanimously. Vote: 9-0. This petition was given regular course with a referral to the DPW, Water Manager, and the Mayor. The Council also requested that the DPW Director and Roger Brooks be present to discuss this at the next meeting. A Public hearing was set for February 24, 2020 at 6:37 PM. Vote: 9-0. 40-20 Roger Brooks, DPW Water & Sewer Manager: Request to amend Chapter 21, Article II, Section 21-11.1 of the Leominster City Ordinance as follows: SEE ATTACHED. (Legal Affairs; Regular Course 2/10/2020; 2/3 Vote) Councillor Cormier made a motion to amend the agenda to include the tables on the agenda. Councillor Chalifoux Zephir seconded the motion. The motion carried unanimously. Vote: 9-0. This petition was given regular course with a referral to the DPW, Water Manager, and the Mayor. The Council also requested that the DPW Director and Roger Brooks be present to discuss this at the next meeting. A Public hearing was set for February 24, 2020 at 6:34 PM. Vote: 9-0. 41-20 Adele Martin: Renew the Second Hand Dealers License for Cold Storage Antiques & Collectables located at 609 Main Street. (Ways & Means; Regular Course 2/10/2020; Majority Vote) This petition was given regular course. 42-20 S&F Corp.: Renew the Second Hand Dealers License for Sam and Friends located at 710 N. Main Street. (Ways & Means; Regular Course 2/10/2020; Majority Vote) This petition was given regular course. Page 5  43-20 Fred R. Tousignant: Renew the Second Hand Dealer License for Fred’s Auction located at 28 Spruce Street. (Ways & Means; Regular Course 2/10/2020; Majority Vote) This petition was given regular course. 44-20 RCDC Inc.: Renew the Second Hand Dealers License for Crowne Jewelers located at 12 Lindell Ave. (Ways & Means; Regular Course 2/10/2020; Majority Vote) This petition was given regular course. 45-20 ecoATM, LLC.: Renew the Second Hand Dealers License for ecoATM located at 11 Jungle Road (inside Walmart 2964). (Ways & Means; Regular Course 2/10/2020; Majority Vote) This petition was given regular course. 46-20 ecoATM LLC.: Renew the Second Hand Dealers License for ecoATM located at 100 Commercial Road (inside The Mall at Whitney Field) (Ways & Means; Regular Course 2/10/2020; Majority Vote) This petition was given regular course. 47-20 Jon Andre Zajon: Renew the Second Hand Dealers License for George’s Fine Jewelers, Inc. located at 255 North Street. (Ways & Means; Regular Course 2/10/2020; Majority Vote) This petition was given regular course. 48-20 Jon Andre Zajon: Renew the Second Hand Dealers License for House of Relics, located at 1292 Main Street. (Ways & Means; Regular Course 2/10/2020; Majority Vote) This petition was given regular course. 49-20 Deghan, Inc.: Renew the Second Hand Dealers License for Hannoush Jewelers located at 100 Commercial Road (The Mall at Whitney Field). (Ways & Means; Regular Course 2/10/2020; Majority Vote) This petition was given regular course. VII. MATTERS BEFORE CITY COUNCIL VIII. CITY OF LEOMINSTER – FINANCIAL REPORT a. The balance of the stabilization fund was $15,902,923.55. Page 6 IX. FINANCE C-47 Dean J. Mazzarella, Mayor: Relative to the appropriation of $60,000.00 be made to the Elections & Registration Expense Account; same amount to be transferred from the Stabilization Fund. (Finance; Regular Course 1/27/2020; 2/3 Vote) The Finance Committee recommended that the communication be GRANTED. Vote: 9-0 the communication was GRANTED. ORDERED: By a vote of 9-0 the communication was ADOPTED. C-48 Dean J. Mazzarella, Mayor: Relative to the appropriation of $2,000 be made to the Police Department Overtime Account; same amount to be transferred from the Disability Fines Receipts Reserved for Appropriation Account. (Finance; Regular Course 1/27/2020; Majority Vote) Councillor David Cormier recused himself due to a conflict of interest. The Finance Committee recommended that the communication be GRANTED. Vote: 8-0 the communication was GRANTED. ORDERED: By a vote of 8-0 the communication was ADOPTED. C-49 Dean J. Mazzarella, Mayor: Relative to the appropriation of $150,000.00 be made to the I.T.T.F. Expense Account; the same amount to be transferred from the Stabilization Fund. (Finance; Regular Course 1/27/2020; 2/3 Vote) The Finance Committee recommended that the communication be GRANTED. Vote: 9-0 the communication was GRANTED. ORDERED: By a vote of 9-0 the communication was ADOPTED. 35-20 Gregory C. Chapdelaine, Purchasing Agent: Request to allow the Purchasing Agent to award a contract for Information Technology Managed Services for the City for a six-year period. (Finance; Regular Course 1/27/2020; Majority Vote) The Finance Committee recommended that the communication be GRANTED. Vote: 9-0 the communication was GRANTED. X. LEGAL AFFAIRS 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; Further Time 1/27/2020; 2/3 Vote) The Legal Affairs Committee recommended to give the petition further time. They felt that there was more information that needed to be garnered and did not feel comfortable granting the petition without it. They also established a subcommittee meeting for February 19, 2020, and voted to have the DPW, Engineer, Planning Director, and Planning Board in attendance. They requested more information such as covenant information, Page 7  bond information, information about the broken hydrant and development information from the board. Vote: 9-0 the petition was given FURTHER TIME and a subcommittee meeting was established for February 19, 2020 at 6:00PM. 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; Further Time 1/27/2020; 2/3 Vote) The Legal Affairs Committee recommended to give the petition further time. They felt that there was more information that needed to be garnered and did not feel comfortable granting the petition without it. They also established a subcommittee meeting for February 19, 2020, and voted to have the DPW, Engineer, Planning Director, and Planning Board in attendance. They requested more information such as covenant information, bond information, and development information from the board. Vote: 9-0 the petition was given FURTHER TIME and a subcommittee meeting was established for February 19, 2020 at 6:30PM. 28-20 Officer Julio Ramos: Install parking signs and no parking signs on Research Drive. (Legal Affairs; Regular Course 1/13/2020; Amended 1/27/2020; Granted 1/27/2020; Public Hearing TBD; 2/3 Vote) The Legal Affairs Committee recommended that the petition to be amended by deleting “parking signs and”. Councillor Chalifoux Zephir seconded the motion. The motion carried unanimously. Vote: 9-0. The Legal Affairs Committee recommended to GRANT the petition as amended. Vote: 9-0 the petition was GRANTED as AMENDED. A public hearing was set for February 24, 2020 at 6:46PM. 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; Further Time 1/27/2020; Pending Referrals Engineer; 2/3 Vote) The Legal Affairs Committee recommended that the petition be GRANTED and a public hearing be set for February 24, 2020 at 6:30PM. Vote: 9-0 the petition was GRANTED and the public hearing was set for February 24, 2020. 36-20 Claire M. Freda, Councillor at Large: Requests to Amend Sections 21-13(b) and 21-13 of the Leominster City Ordinance, by deleting “cost of all repairs made to or connections between private property and main sewers shall be paid for by the owner of the property” and replace with, “cost of all repairs made to or connections between private property and main sewers shall be the responsibility of the city with no cost to the home owner.” This language also to be applied to water mains as described in 21-13(b), Leominster City Ordinance Section 21-23. (Legal Affairs; Regular Course 1/27/2020; 2/3 Vote) The Legal Affairs Committee recommended to deny the petition. They felt there was an unknown burden that would occur in relation to this petition being adopted. It was asked that the City look into a way to help those in Page 8  need supplement the cost of the optional pipe insurance that is offered to City Citizens to help prevent a crisis from occurring. Councillor Freda clarified that the petition was only meant for discussion. It was specifically targeting the piece of lateral pipe off of the main that is still on City property and not on private property. Councillor Dombrowski read the referrals into the record and noted that the DPW director and City Treasurer and Mayor were against the petition. The Legal Affairs reconsidered their recommendation. They submitted a new recommendation to give the petition FUTHER TIME. Vote: 9-0 the petition was given further time. XI. PUBLIC SERVICE 36-20 Claire M. Freda, Councillor at Large: Requests to Amend Sections 21-13(b) and 21-13 of the Leominster City Ordinance, by deleting “cost of all repairs made to or connections between private property and main sewers shall be paid for by the owner of the property” and replace with, “cost of all repairs made to or connections between private property and main sewers shall be the responsibility of the city with no cost to the home owner.” This language also to be applied to water mains as described in 21-13(b), Leominster City Ordinance Section 21-23. (Public Service; Regular Course 1/27/2020; 2/3 Vote) The Public Service Committee recommended to give the petition FURTHER TIME. Councillor Freda also announced that there would be a subcommittee meeting regarding this matter on February 24, 2020 at 6:00PM. Vote: 9-0 the petition was given further time. XII. WAYS & MEANS APPOINTMENTS A measure confirming the Mayor’s Reappointment of Anne B. Mahan to Registrar of Voters; term to expire April 15, 2023. (Ways & Means; Regular Course 1/27/2020; Majority Vote) The Ways and Means Committee recommended the CONFIRMATION of this appointment. Vote: 9-0 the appointment was CONFIRMED. A measure confirming the Mayor’s Reappointment of Nancy Piermarini to Registrar of Voters; term to expire April 15, 2023. (Ways & Means; Regular Course 1/27/2020; Majority Vote) The Ways and Means Committee recommended the CONFIRMATION of this appointment. Vote: 9-0 the appointment was CONFIRMED. A measure confirming the Mayor’s Reappointment of Charles Milhans to Registrar of Voters; term to expire April 15, 2023. (Ways & Means; Regular Course 1/27/2020; Majority Vote) The Ways and Means Committee recommended the CONFIRMATION of this appointment. Vote: 9-0 the appointment was CONFIRMED. Page 9  32-20 Election Order: An Order by the City of Leominster, Relative to the Presidential Primary, March 3, 2020. (Ways & Means; Regular Course 1/27/2020; Majority Vote) The Ways and Means Committee recommended the adoption of this Election Order. Vote: 9-0 the appointment was ADOPTED. 33-20 Diane P. Amidon: Renew the Second Hand Dealers License for Upscale ConsignMINT located at 875 Merriam Ave, Suite 131. (Ways & Means; Regular Course 1/27/2020; Majority Vote) The Ways and Means Committee recommended to GRANT the secondhand dealers license. Vote: 9-0 the license was GRANTED. 34-20 Susan Chalifoux-Zephir: Renew the Second Hand Dealers License for Ginny’s Helping Hand, Inc. located at 52 Mechanic Street. (Ways & Means; Regular Course 1/27/2020; Majority Vote) The Ways and Means Committee recommended to GRANT the secondhand dealers license. Councillor Chalifoux Zephir abstained from the vote due to a conflict of interest. Vote: 8-0 the license was GRANTED. XIII. NEW BUSINESS 1st Reading Ordinance 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; 1/27/2020; Granted 1/13/2020; 1st Reading 1/27/2020; 2/3 Vote) The Legal Affairs committee recommended to amend the ordinance to read “In the year two thousand and twenty AN ORDINANCE Amending Chapter 13 of the Revised Ordinance entitled “ Motor Vehicles and Traffic” Be it ordained by the City Council of the City of Leominster, as follows: Chapter 13, Section 13-34 of the Revised Ordinances entitled “No Parking on Certain Streets” is hereby amended inserting the following phrase: No parking signs on Priest Street (south side), from a point eighty-eight feet east of the intersection with North Main Street and then easterly for a distance of one hundred fifty-five feet. Priest Street (north side), no parking signs between poles #24 and #25 in front of 227 Priest Street.” Councillor Chalifoux Zephir seconded the motion. The motion carried unanimously. Vote: 9-0. The Legal Affairs committee recommended to ADOPT the first reading of the ordinance as amended. Roll Call Vote: 9-0 the first reading of the ordinance was ADOPTED. Page 10 XIV. OLD BUSINESS 2nd Reading Ordinance 59-18 James Whitney and ten registered voters: Amend the Zoning Ordinance to add drive through to the allowable uses under MU-1 zoning, provided the applicant obtain a Special Permit from the Planning Board. (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; 1/13/2020; Public Hearing 12/09/2019 @ 6:40 P.M.; 1st Reading 1/27/2020; 2nd Reading 2/10/2020; 2/3 Vote) The Legal Affairs committee recommended to ADOPT the second reading of the ordinance. Roll Call Vote: 9-0 the second reading of the ordinance was ADOPTED. 2nd Reading Ordinance 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; Granted 1/13/2020; 1st Reading 1/27/2020; 2/3 Vote) The Legal Affairs committee recommended to ADOPT the second reading of the ordinance. Roll Call Vote: 9-0 the second reading of the ordinance was ADOPTED. 2nd Reading Ordinance 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; Granted 1/13/2020; 1st Reading 1/27/2020; 2/3 Vote) The Legal Affairs committee recommended to ADOPT the second reading of the ordinance. Roll Call Vote: 9-0 the second reading of the ordinance was ADOPTED. 2nd Reading Ordinance 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; Granted 1/13/2020; 1st Reading 1/27/2020;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 to ADOPT the second reading of the ordinance. Roll Call Vote: 9-0 the second reading of the ordinance was ADOPTED. Page 11 Establish a public hearing for Loan Order C-79 of 2019 – Aeration Basin Project - $11,294,000.00 The Finance Committee recommended that the Public Hearing for the Loan Order C-79 of 2019 be set for February 24, 2020 at 6:45PM. Vote: 9-0 the public hearing was established. Councillor Freda asked that the City Clerk follow up with the DPW about the posting of signs on Jay Ave and Berry Lane. Councillor Feckley asked that the City Clerk follow up with the DPW about the posting of signs on Dingley Street. XV. COMMUNITY CALENDAR The City Clerk announced that the last day to register to vote for the March 3, 2020 Presidential Preference Election would be February 12, 2020. The office would be open until 8:00PM to accommodate citizens. Additionally, citizens could register online until 11:59PM. XVI. ADJOURNMENT The meeting adjourned at 8:47PM. Minutes Respectfully Submitted By: - Katelyn Huffman, City Clerk Page 12