City Council
Regular MeetingLeominster, MA · February 24, 2020
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
AMENDED
CITY OF LEOMINSTER
CITY COUNCIL
FEBRUARY 24, 2020
JOHN P. MAHAN CITY COUNCIL CHAMBERS
PUBLIC HEARING, 6:34 P.M.
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: (Legal Affairs; Regular Course 2/10/2020;
Public Hearing 2/24/2020 @ 6:34 P.M.; Pending Referrals Mayor, DPW, Water Department; 2/3
Vote)
Chapter 21, Article II, Sections 21-11.1 of the Revised Ordinances entitled
“Water User Rate Schedule” by deleting the provision for metered rates
within and outside the city and inserting the following rates in its place:
“Metered rates per unit, 4 units and over – effective March 1, 2020
Within City: $4.00 per unit
Outside the City: $5.03 per unit
Metered rates per unit, 4 units and over – effective March 1, 2021
Within City: $4.15 per unit
Outside the City $5.18 per unit
Sec. 21-11.1 Water user rate schedule.
The water user rate schedule for residential and industrial use shall be as
follows:
Effective
Minimum water charger per quarter:
5/8” meter $25.00
¾” meter $25.00
1.0” meter $30.00
1.5”meter $30.00
2.0”meter $30.00
3.0”meter $35.00
4.0”meter $35.00
6.0”meter $45.00
8.0”meter $45.00
Out of City $45.00
The public hearing opened at 6:46PM. Roger Brooks, Business Manager at the DPW, explained
that the purpose of this petition is to adjust rates based off new information that has been given to
the DPW. This information is 1. The reduction of consumption. This reduction in consumption also
means a reduction in capital. As such, the City will not be able to continue with Capital
Improvement projects for the water and sewer treatment plant and infrastructure without the
increase. 2. The City has one of the lowest rates for water and sewer. This update would bring the
City to date with modern costs. Councillor Dombrowski asked where the City would be in
comparison to other communities as far as rates are concerned if this petition is passed. Mr. Brooks
informed him that we would still be at the lower end of rates for comparable communities.
Councillor Dombrowski asked three times if anyone would like to speak for or against the petition.
No one spoke. The public hearing was closed at 7:15PM.
PUBLIC HEARING, 6:37 P.M.
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; Pending Referrals Mayor, DPW, Water Department; Public Hearing 2/24/2020 @
6:37 P.M.; 2/3 Vote)
User Class Factor Unit Rate
Residential (includes low
strength industrial) (As of
March 1, 2020) metered water 100 cu. Ft. $4.56
(As of March 1, 2021) $4.70
Minimum sewer charge per
quarter $25.00
Lunenburg (As of March 1,
2020 Per Intermunicipal
Agreement Dated June 24,
1999) Metered Water 100 cu. Ft. $5.18
(As of March 1, 2021) $5.32
Out of City (As of March 1,
2020) Metered water 100 cu. Ft. $8.83
(As of March 1, 2021) $9.97
The public hearing opened at 6:46PM. Roger Brooks, Business Manager at the DPW, explained
that the purpose of this petition is to adjust rates based off new information that has been given to
the DPW. This information is 1. The reduction of consumption. This reduction in consumption also
means a reduction in capital. As such, the City will not be able to continue with Capital
Improvement projects for the water and sewer treatment plant and infrastructure without the
increase. 2. The City has one of the lowest rates for water and sewer. This update would bring the
City to date with modern costs. Councillor Dombrowski asked where the City would be in
comparison to other communities as far as rates are concerned if this petition is passed. Mr. Brooks
informed him that we would still be at the lower end of rates for comparable communities.
Page 2
Councillor Dombrowski asked three times if anyone would like to speak for or against the petition.
No one spoke. The public hearing was closed at 7:15PM.
PUBLIC HEARING, 6:45 P.M.
Loan Order C-79 of 2019 – Aeration Basin Project - $11,294,000.00
In accordance with section 3-9 of the Leominster City Charter, a Public Hearing will be held on Monday
February 24, 2020 at 6:45 P.M. in the Council Chambers, 25 West Street, Leominster, MA. The subject
of the hearing will be the following Loan Order:
ORDERED, that $11.294,000.00 is appropriated for the purpose of financing an aeration basin and
secondary clarifier upgrade project, including without limitation all costs thereof; that to meet this
appropriation the Treasurer with the approval of the Mayor is authorized to borrow such amount and issue
bonds or notes therefor under G.L. c.44 or any other enabling legislation and/or Chapter 29C of the
General Laws; that such bonds or notes shall be general obligations of the City unless the Treasurer with
the approval of the Mayor determines that they should be issued as limited obligations and may be
secured by local system revenues as defined in Section 1 of Chapter 29C; that the Treasurer with the
approval of the Mayor is authorized to borrow all or a portion of such amount from the Massachusetts
Clean Water Trust established pursuant to Chapter 29C and in connection therewith to enter into a
financing agreement and/or a security agreement with the Trust and otherwise to contract with the Trust
and the Department of Environmental Protection with respect to such loan and for any federal or state aid
available for the project or for the financing thereof; and that the Mayor or the Treasurer is authorized to
enter into a project regulatory agreement with the Department of Environmental Protection, to expend all
funds available for the project and to take any other action necessary or convenient to carry out the project
and this vote. Any premium received 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 costs approved by this vote in accordance with M.G.L. c. 44, §20, thereby reducing the
amount authorized to be borrowed to pay such costs by a like amount.
The public hearing opened at 7:15PM. Councillor David Cormier asked three times if anyone
would like to speak for or against the Loan Order. No one spoke. The public hearing was closed at
7:18PM.
PUBLIC HEARING, 6:46 P.M.
28-20 Officer Julio Ramos: Install no parking signs on Research Drive. (Legal Affairs; Regular Course
1/13/2020; Amended 1/27/2020; 2/10/2020 to “no parking”; Granted 1/27/2020; Public Hearing
2/24/2020 @ 6:46 P.M.; 1st Reading 2/24/2020; 2/3 Vote)
The public hearing was opened at 7:18PM. James Whitney, Developer and property owner
of the location, explained that it is important to support this petition. He informed the
council that due to state specifications there are traffic islands along the developed road.
These traffic islands are meant to slow traffic. People overflow park near them and
completely block the entire road making it hard for trucks and other vehicles to travel on
the street. These signs would prohibit parking in these areas and create a safer
environment. Councillor Dombrowski asked three times if anyone would like to speak for
or against the petition. No one else spoke. The public hearing closed at 7:25PM.
Page 3
PUBLIC HEARING, 6:47 P.M.
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 and 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; Public Hearing
2/24/2020 @ 6:47 P.M.; 2/3 Vote)
The public hearing opened at 7:25PM. Councillor Dombrowski asked if the Health
Department had looked at this property for any issues. Councillor Angelini stated that there
were no issues that he was aware of. Councillor Freda spoke in support of the
communication, siting its importance to the Police Department Building project. Councillor
Dombrowski asked three times if any one would like to speak for or against the petition.
Dennis Lyddy, 70 Dillon Street, spoke against the communication. He asked the Council to
deny the petition due to the fact that the Mayor does not properly staff city departments.
Councillor Angelini read the request for support from the Mayor and Chief Assessor of the
City. No one else spoke. The public hearing closed at 7:34PM.
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.
Councillor Bodanza opened the public forum at 7:34PM. John Decicco, 134 North
Main Street, requested the council support petition 36-20.
Elizabeth Wood, Planning Director, spoke in support of petition 28-20. She stated
she is updating the zoning ordinance per state request, and has been responding to
all questions from the Council and will continue to do so.
The public forum closed at 7:39PM.
I. REGULAR MEETING OF THE CITY COUNCIL, 7:00 P.M.
The regular meeting of the City Council opened at 7:00PM.
Page 4
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
• February 10, 2020 – These minutes were approved and placed on file.
IV. COMMUNICATIONS FROM THE MAYOR
APPOINTMENTS
A measure confirming the Mayor’s appointment of Paul Brennan to the Office of
Emergency Management; volunteer. (Ways & Means; Regular Course 2/24/2020; Majority
Vote)
This appointment was given regular course and the Ways and Means Committee
requested a resume and interview be arranged for the next Council Meeting. March 9,
2020.
ORDERS
C-55 Dean J. Mazzarella, Mayor: Relative to the appropriation of $7,600.00 be made
to the Emergency Management Account; the same amount to be transferred from
the Stabilization Fund. (Finance; Regular Course 2/24/2020; 2/3 Vote)
This communication was given regular course.
C-56 Dean J. Mazzarella, Mayor: Relative to the appropriation of $250,000.00 be
made to the Fire Department Overtime Account; the same amount to be
transferred from the Stabilization Fund. (Finance; Regular Course 2/24/2020;
2/3 Vote)
Councillor David Cormier deferred to this Clerk to handle this matter due
to a conflict of interest. This communication was given regular course.
V. PETITIONS FIRST TIME ON THE AGENDA
50-20 National Grid: Mechanic Street - Request permission to excavate the public
highways and to run and maintain underground electric conduits, together which
such sustaining and protecting fixtures as it may find necessary for the
transmission of electricity, said underground conduits to be located substantially
in accordance with the plan filed herewith marked – Mechanic Street –
Leominster - Massachusetts. (Public Service; Regular Course 2/24/2020;
Majority Vote)
Page 5
This petition was given regular course and a public hearing was set for
March 9, 2020 at 6:43PM. Vote: 9-0.
51-20 National Grid and Verizon: Mechanic Street- Requests to install 2 Jointly
Owned Poles on Mechanic Street beginning at a point approximately 950
feet east of the centerline of the intersection of Mechanic Street and White
Pond Road and continuing approximately 510 feet in an east direction.
Installing 2 new poles (pole 111-50 & pole115-50 on Mechanic Street).
(Public Service; Regular Course 2/24/2020; Majority Vote)
This petition was given regular course and a public hearing was set
for March 9, 2020 at 6:44PM. Vote: 9-0.
VI. MATTERS BEFORE CITY COUNCIL
VII. CITY OF LEOMINSTER – FINANCIAL REPORT
a. The balance of the stabilization fund was $15,645,323.55.
VIII. FINANCE
Loan Order C-79 of 2019 – Aeration Basin Project - $11,294,000.00
In accordance with section 3-9 of the Leominster City Charter, a Public Hearing will be held
on Monday February 24, 2020 at 6:45 P.M. in the Council Chambers, 25 West Street,
Leominster, MA. The subject of the hearing will be the following Loan Order:
ORDERED, that $11.294,000.00 is appropriated for the purpose of financing an aeration
basin and secondary clarifier upgrade project, including without limitation all costs thereof;
that to meet this appropriation the Treasurer with the approval of the Mayor is authorized to
borrow such amount and issue bonds or notes therefor under G.L. c.44 or any other enabling
legislation and/or Chapter 29C of the General Laws; that such bonds or notes shall be general
obligations of the City unless the Treasurer with the approval of the Mayor determines that
they should be issued as limited obligations and may be secured by local system revenues as
defined in Section 1 of Chapter 29C; that the Treasurer with the approval of the Mayor is
authorized to borrow all or a portion of such amount from the Massachusetts Clean Water
Trust established pursuant to Chapter 29C and in connection therewith to enter into a
financing agreement and/or a security agreement with the Trust and otherwise to contract
with the Trust and the Department of Environmental Protection with respect to such loan and
for any federal or state aid available for the project or for the financing thereof; and that the
Mayor or the Treasurer is authorized to enter into a project regulatory agreement with the
Department of Environmental Protection, to expend all funds available for the project and to
take any other action necessary or convenient to carry out the project and this vote. Any
premium received 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 costs approved by this vote in accordance with M.G.L. c. 44, §20,
thereby reducing the amount authorized to be borrowed to pay such costs by a like amount.
Page 6
The Finance Committee recommended that the Loan Order be GRANTED. Roll Call
Vote: 8-0-1(Councillor Chalifoux Zephir abstained due to a conflict of interest).
FINANCE, CONTINUED
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.
The Finance Committee recommended that the Council GRANT the
communication. Vote: 9-0 the communication was granted. ORDERED: By
a vote of 9-0 the communication was ADOPTED.
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)
The Finance Committee recommended that the Council GRANT the
communication. Vote: 9-0 the communication was granted. ORDERED: By
a vote of 9-0 the communication was ADOPTED.
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)
The Finance Committee recommended that the Council GRANT the
communication. Vote: 9-0 the communication was granted. ORDERED: By
a vote of 9-0 the communication was ADOPTED.
IX. LEGAL AFFAIRS
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:
Page 7
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;
Pending Referral Mayor, Police Union; Public Hearing TBD; Majority Vote)
The Legal Affairs Committee recommended that the communication be
given FURTHER TIME. Vote: 9-0 the communication was given further
time.
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, 2/10/2020; 2/3 Vote)
The Legal Affairs Committee recommended that the communication be
given FURTHER TIME. Vote: 9-0 the communication was given further
time. A Legal Affairs Subcommitee meeting will occur on March 4, 2020 at
6:00PM to further discuss this matter.
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, 2/10/2020; 2/3 Vote)
The Legal Affairs Committee recommended that the communication be
given FURTHER TIME. Vote: 9-0 the communication was given further
time. A Legal Affairs Subcommittee meeting will occur on March 4, 2020 at
6:00PM to further discuss this matter.
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; Further Time 2/10/2020; Public
Hearing TBD; 2/3 Vote)
The Legal Affairs Committee recommended to DENY the petition. Council
Bodanza requested that the Public Service Committee give their report
directly after Legal Affairs. The Public Service Committee recommended to
give the petition FURTHER TIME. The first vote taken was with respect to
the support submitted to the Public Service Committee. Vote: 5 (Councillor
Angelini, Councillor Dombrowski, Councillor Ardinger, Councillor David
Cormier, Councillor Bodanza NAY)-4 (Councillor Freda, Councillor
Pauline Cormier, Councillor Feckley, Councillor Chalifoux Zephir YEA) the
recommendation for FURTHER TIME was DENIED. The vote for the
report from Legal Affairs was taken up next. Vote: 5-4 the petition was
DENIED. Vote: 5 (Councillor Angelini, Councillor Dombrowski, Councillor
Ardinger, Councillor David Cormier, Councillor Bodanza NAY)-4
Page 8
(Councillor Freda, Councillor Pauline Cormier, Councillor Feckley,
Councillor Chalifoux Zephir YEA) the recommendation for FURTHER
TIME was DENIED.
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; Pending
Referrals Mayor, Planning, Health Director, ZBA; Public Hearing TBD;
Majority Vote)
The Legal Affairs Committee recommended that this petition be given
FURTHER TIME to allow for pending referrals to be submitted. Vote: 9-0
the petition was given FURTHER TIME.
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,
Boston, MA 02114-2104; and (Legal Affairs; Regular Course 02/10/2020;
Pending Referrals Planning, Conservation, ZBA, Engineer; Public Hearing
3/9/2020 @ 6:45 P.M.; 2/3 Vote)
The Legal Affairs Committee recommended that this petition be given
FURTHER TIME. Vote: 9-0 the petition was given FURTHER TIME.
Page 9
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; Pending Referrals
Mayor, DPW, Water Department; Public Hearing 2/24/2020 @ 6:37 P.M.; 2/3
Vote)
User Class Factor Unit Rate
Residential (includes low
strength industrial) (As of
March 1, 2020) metered water 100 cu. Ft. $4.56
(As of March 1, 2021) $4.70
Minimum sewer charge per
quarter $25.00
Lunenburg (As of March 1,
2020 Per Intermunicipal
Agreement Dated June 24,
1999) Metered Water 100 cu. Ft. $5.18
(As of March 1, 2021) $5.32
Out of City (As of March 1,
2020) Metered water 100 cu. Ft. $8.83
(As of March 1, 2021) $9.97
The Legal Affairs Committee recommended that the petition be GRANTED.
Roll Call Vote: 8-0 the petition was GRANTED. Councillor Chalifoux
Zephir abstained from the petition due to a conflict of interest.
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: (Legal
Affairs; Regular Course 2/10/2020; Public Hearing 2/24/2020 @ 6:34 P.M.;
Pending Referrals Mayor, DPW, Water Department; 2/3 Vote)
Chapter 21, Article II, Sections 21-11.1 of the Revised Ordinances entitled
“Water User Rate Schedule” by deleting the provision for metered rates
within and outside the city and inserting the following rates in its place:
“Metered rates per unit, 4 units and over – effective March 1, 2020
Within City: $4.00 per unit
Outside the City: $5.03 per unit
Metered rates per unit, 4 units and over – effective March 1, 2021
Within City: $4.15 per unit
Outside the City $5.18 per unit
Page 10
Sec. 21-11.1 Water user rate schedule.
The water user rate schedule for residential and industrial use shall be as
follows:
Effective
Minimum water charger per quarter:
5/8” meter $25.00
¾” meter $25.00
1.0” meter $30.00
1.5”meter $30.00
2.0”meter $30.00
3.0”meter $35.00
4.0”meter $35.00
6.0”meter $45.00
8.0”meter $45.00
Out of City $45.00
The Legal Affairs Committee recommended that the petition be GRANTED.
Roll Vote: 8-0 the petition was GRANTED. Chalifoux Zephir abstained
from the petition due to a conflict of interest.
X. 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; Further Time 2/10/2020; Public
Hearing TBD; 2/3 Vote)
The Legal Affairs Committee recommended to DENY the petition. Council
Bodanza requested that the Public Service Committee give their report
directly after Legal Affairs. The Public Service Committee recommended to
give the petition FURTHER TIME. The first vote taken was with respect to
the support submitted to the Public Service Committee. Vote: 5 (Councillor
Angelini, Councillor Dombrowski, Councillor Ardinger, Councillor David
Cormier, Councillor Bodanza NAY)-4 (Councillor Freda, Councillor
Pauline Cormier, Councillor Feckley, Councillor Chalifoux Zephir YEA) the
recommendation for FURTHER TIME was DENIED. The vote for the
report from Legal Affairs was taken up next. Vote: 5-4 the petition was
DENIED. Vote: 5 (Councillor Angelini, Councillor Dombrowski, Councillor
Ardinger, Councillor David Cormier, Councillor Bodanza NAY)-4
(Councillor Freda, Councillor Pauline Cormier, Councillor Feckley,
Councillor Chalifoux Zephir YEA) the recommendation for FURTHER
TIME was DENIED.
Page 11
XI. WAYS & MEANS
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)
The Ways and Means Committee recommended to give this petition
GRANTED. Vote: 9-0 the petition was given GRANTED.
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)
The Ways and Means Committee recommended to give this petition
FURTHER TIME pending the referral from the Collector’s Office. Vote: 9-
0 the petition was given FURTHER TIME.
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)
The Ways and Means Committee recommended to give this petition
GRANTED. Vote: 9-0 the petition was given GRANTED.
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)
The Ways and Means Committee recommended to give this petition
GRANTED. Vote: 9-0 the petition was given GRANTED.
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)
The Ways and Means Committee recommended to give this petition
GRANTED. Vote: 9-0 the petition was given GRANTED.
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)
The Ways and Means Committee recommended to give this petition
GRANTED. Vote: 9-0 the petition was given GRANTED.
Page 12
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)
The Ways and Means Committee recommended to give this petition
GRANTED. Vote: 9-0 the petition was given GRANTED.
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)
The Ways and Means Committee recommended to give this petition
GRANTED. Vote: 9-0 the petition was given GRANTED.
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)
The Ways and Means Committee recommended to give this petition
GRANTED. Vote: 9-0 the petition was given GRANTED.
XII. CITY PROPERTY
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 and 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; Public Hearing 2/24/2020 @ 6:47 P.M.;
2/3 Vote)
The City Property Committee recommended that the communication be
GRANTED. Vote: 9-0 the communication was GRANTED.
XIII. NEW BUSINESS
New Business under Suspension of the Rules
• Proposed scheduling of an Informational meeting relative to the impact of
the Health Alliance Emergency Room on local Fire and Police resources
with a vote to invite the Fire Chief, the Police Chief and Steve Roach
President and Chief Executive Officer of Health Alliance – Clinton
Hospital to attend.
Councillor Chalifoux Zephir made a motion to amend the measure to delete
the word local and replace it with the word LEOMINSTER. Councillor
Dombrowski seconded the motion. The motion carried unanimously. Vote:
9-0.
Page 13
The Ways and Means Committee recommended that the Council vote to
establish an informational meeting on March 9, 2020 at 6:00PM regarding
this matter and to also invite down the Fire Chief, Police Chief, and Steve
Roach to attend. Vote: 9-0 the informational meeting was established and the
Fire Chief, Police Chief, and President and Chief Executive Officer of
HealthAlliance-Clinton Hospital would be contacted.
1st Reading Ordinance
28-20 Officer Julio Ramos: Install no parking signs on Research Drive. (Legal Affairs;
Regular Course 1/13/2020; Amended 1/27/2020; 2/10/2020 to “no parking”;
Granted 1/27/2020; Public Hearing 2/24/2020 @ 6:46 P.M.; 1st Reading
2/24/2020; 2/3 Vote)
The Legal Affairs Committee recommended that the first reading of the
ordinance be ADOPTED. Roll Call Vote: 9-0 the first reading of the
ordinance was ADOPTED.
XIV. OLD BUSINESS
2nd Reading Ordinance
20-20 Patrick Bresnahan, Leominster Police Officer: Requests to amend Chapter 13,
Section 13-34 of the Revised Ordinances entitled “No Parking on Certain
Streets” is hereby amended by 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. (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; Amended 2/10/2020; 2/3
Vote)
The Legal Affairs Committee recommended that the second reading of the
ordinance be ADOPTED. Roll Call Vote: 9-0 the second reading of the
ordinance was ADOPTED.
XV. COMMUNITY CALENDAR
• The City Clerk informed the Community that Early Voting was currently
taking place during regular business hours from February 24 through
February 28, 2020.
XVI. ADJOURNMENT – THE MEETING ADJOURNED AT 8:46PM.
Minutes Respectfully Submitted By:
Katelyn Huffman, City Clerk
Page 14
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
MINUTES
AMENDED
CITY OF LEOMINSTER
CITY COUNCIL
FEBRUARY 24, 2020
JOHN P. MAHAN CITY COUNCIL CHAMBERS
PUBLIC HEARING, 6:34 P.M.
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: (Legal Affairs; Regular Course 2/10/2020;
Public Hearing 2/24/2020 @ 6:34 P.M.; Pending Referrals Mayor, DPW, Water Department; 2/3
Vote)
Chapter 21, Article II, Sections 21-11.1 of the Revised Ordinances entitled
“Water User Rate Schedule” by deleting the provision for metered rates
within and outside the city and inserting the following rates in its place:
“Metered rates per unit, 4 units and over – effective March 1, 2020
Within City: $4.00 per unit
Outside the City: $5.03 per unit
Metered rates per unit, 4 units and over – effective March 1, 2021
Within City: $4.15 per unit
Outside the City $5.18 per unit
Sec. 21-11.1 Water user rate schedule.
The water user rate schedule for residential and industrial use shall be as
follows:
Effective
Minimum water charger per quarter:
5/8” meter $25.00
¾” meter $25.00
1.0” meter $30.00
1.5”meter $30.00
2.0”meter $30.00
3.0”meter $35.00
4.0”meter $35.00
6.0”meter $45.00
8.0”meter $45.00
Out of City $45.00
The public hearing opened at 6:46PM. Roger Brooks, Business Manager at the DPW, explained
that the purpose of this petition is to adjust rates based off new information that has been given to
the DPW. This information is 1. The reduction of consumption. This reduction in consumption also
means a reduction in capital. As such, the City will not be able to continue with Capital
Improvement projects for the water and sewer treatment plant and infrastructure without the
increase. 2. The City has one of the lowest rates for water and sewer. This update would bring the
City to date with modern costs. Councillor Dombrowski asked where the City would be in
comparison to other communities as far as rates are concerned if this petition is passed. Mr. Brooks
informed him that we would still be at the lower end of rates for comparable communities.
Councillor Dombrowski asked three times if anyone would like to speak for or against the petition.
No one spoke. The public hearing was closed at 7:15PM.
PUBLIC HEARING, 6:37 P.M.
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; Pending Referrals Mayor, DPW, Water Department; Public Hearing 2/24/2020 @
6:37 P.M.; 2/3 Vote)
User Class Factor Unit Rate
Residential (includes low
strength industrial) (As of
March 1, 2020) metered water 100 cu. Ft. $4.56
(As of March 1, 2021) $4.70
Minimum sewer charge per
quarter $25.00
Lunenburg (As of March 1,
2020 Per Intermunicipal
Agreement Dated June 24,
1999) Metered Water 100 cu. Ft. $5.18
(As of March 1, 2021) $5.32
Out of City (As of March 1,
2020) Metered water 100 cu. Ft. $8.83
(As of March 1, 2021) $9.97
The public hearing opened at 6:46PM. Roger Brooks, Business Manager at the DPW, explained
that the purpose of this petition is to adjust rates based off new information that has been given to
the DPW. This information is 1. The reduction of consumption. This reduction in consumption also
means a reduction in capital. As such, the City will not be able to continue with Capital
Improvement projects for the water and sewer treatment plant and infrastructure without the
increase. 2. The City has one of the lowest rates for water and sewer. This update would bring the
City to date with modern costs. Councillor Dombrowski asked where the City would be in
comparison to other communities as far as rates are concerned if this petition is passed. Mr. Brooks
informed him that we would still be at the lower end of rates for comparable communities.
Page 2
Councillor Dombrowski asked three times if anyone would like to speak for or against the petition.
No one spoke. The public hearing was closed at 7:15PM.
PUBLIC HEARING, 6:45 P.M.
Loan Order C-79 of 2019 – Aeration Basin Project - $11,294,000.00
In accordance with section 3-9 of the Leominster City Charter, a Public Hearing will be held on Monday
February 24, 2020 at 6:45 P.M. in the Council Chambers, 25 West Street, Leominster, MA. The subject
of the hearing will be the following Loan Order:
ORDERED, that $11.294,000.00 is appropriated for the purpose of financing an aeration basin and
secondary clarifier upgrade project, including without limitation all costs thereof; that to meet this
appropriation the Treasurer with the approval of the Mayor is authorized to borrow such amount and issue
bonds or notes therefor under G.L. c.44 or any other enabling legislation and/or Chapter 29C of the
General Laws; that such bonds or notes shall be general obligations of the City unless the Treasurer with
the approval of the Mayor determines that they should be issued as limited obligations and may be
secured by local system revenues as defined in Section 1 of Chapter 29C; that the Treasurer with the
approval of the Mayor is authorized to borrow all or a portion of such amount from the Massachusetts
Clean Water Trust established pursuant to Chapter 29C and in connection therewith to enter into a
financing agreement and/or a security agreement with the Trust and otherwise to contract with the Trust
and the Department of Environmental Protection with respect to such loan and for any federal or state aid
available for the project or for the financing thereof; and that the Mayor or the Treasurer is authorized to
enter into a project regulatory agreement with the Department of Environmental Protection, to expend all
funds available for the project and to take any other action necessary or convenient to carry out the project
and this vote. Any premium received 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 costs approved by this vote in accordance with M.G.L. c. 44, §20, thereby reducing the
amount authorized to be borrowed to pay such costs by a like amount.
The public hearing opened at 7:15PM. Councillor David Cormier asked three times if anyone
would like to speak for or against the Loan Order. No one spoke. The public hearing was closed at
7:18PM.
PUBLIC HEARING, 6:46 P.M.
28-20 Officer Julio Ramos: Install no parking signs on Research Drive. (Legal Affairs; Regular Course
1/13/2020; Amended 1/27/2020; 2/10/2020 to “no parking”; Granted 1/27/2020; Public Hearing
2/24/2020 @ 6:46 P.M.; 1st Reading 2/24/2020; 2/3 Vote)
The public hearing was opened at 7:18PM. James Whitney, Developer and property owner
of the location, explained that it is important to support this petition. He informed the
council that due to state specifications there are traffic islands along the developed road.
These traffic islands are meant to slow traffic. People overflow park near them and
completely block the entire road making it hard for trucks and other vehicles to travel on
the street. These signs would prohibit parking in these areas and create a safer
environment. Councillor Dombrowski asked three times if anyone would like to speak for
or against the petition. No one else spoke. The public hearing closed at 7:25PM.
Page 3
PUBLIC HEARING, 6:47 P.M.
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 and 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; Public Hearing
2/24/2020 @ 6:47 P.M.; 2/3 Vote)
The public hearing opened at 7:25PM. Councillor Dombrowski asked if the Health
Department had looked at this property for any issues. Councillor Angelini stated that there
were no issues that he was aware of. Councillor Freda spoke in support of the
communication, siting its importance to the Police Department Building project. Councillor
Dombrowski asked three times if any one would like to speak for or against the petition.
Dennis Lyddy, 70 Dillon Street, spoke against the communication. He asked the Council to
deny the petition due to the fact that the Mayor does not properly staff city departments.
Councillor Angelini read the request for support from the Mayor and Chief Assessor of the
City. No one else spoke. The public hearing closed at 7:34PM.
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.
Councillor Bodanza opened the public forum at 7:34PM. John Decicco, 134 North
Main Street, requested the council support petition 36-20.
Elizabeth Wood, Planning Director, spoke in support of petition 28-20. She stated
she is updating the zoning ordinance per state request, and has been responding to
all questions from the Council and will continue to do so.
The public forum closed at 7:39PM.
I. REGULAR MEETING OF THE CITY COUNCIL, 7:00 P.M.
The regular meeting of the City Council opened at 7:00PM.
Page 4
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
• February 10, 2020 – These minutes were approved and placed on file.
IV. COMMUNICATIONS FROM THE MAYOR
APPOINTMENTS
A measure confirming the Mayor’s appointment of Paul Brennan to the Office of
Emergency Management; volunteer. (Ways & Means; Regular Course 2/24/2020; Majority
Vote)
This appointment was given regular course and the Ways and Means Committee
requested a resume and interview be arranged for the next Council Meeting. March 9,
2020.
ORDERS
C-55 Dean J. Mazzarella, Mayor: Relative to the appropriation of $7,600.00 be made
to the Emergency Management Account; the same amount to be transferred from
the Stabilization Fund. (Finance; Regular Course 2/24/2020; 2/3 Vote)
This communication was given regular course.
C-56 Dean J. Mazzarella, Mayor: Relative to the appropriation of $250,000.00 be
made to the Fire Department Overtime Account; the same amount to be
transferred from the Stabilization Fund. (Finance; Regular Course 2/24/2020;
2/3 Vote)
Councillor David Cormier deferred to this Clerk to handle this matter due
to a conflict of interest. This communication was given regular course.
V. PETITIONS FIRST TIME ON THE AGENDA
50-20 National Grid: Mechanic Street - Request permission to excavate the public
highways and to run and maintain underground electric conduits, together which
such sustaining and protecting fixtures as it may find necessary for the
transmission of electricity, said underground conduits to be located substantially
in accordance with the plan filed herewith marked – Mechanic Street –
Leominster - Massachusetts. (Public Service; Regular Course 2/24/2020;
Majority Vote)
Page 5
This petition was given regular course and a public hearing was set for
March 9, 2020 at 6:43PM. Vote: 9-0.
51-20 National Grid and Verizon: Mechanic Street- Requests to install 2 Jointly
Owned Poles on Mechanic Street beginning at a point approximately 950
feet east of the centerline of the intersection of Mechanic Street and White
Pond Road and continuing approximately 510 feet in an east direction.
Installing 2 new poles (pole 111-50 & pole115-50 on Mechanic Street).
(Public Service; Regular Course 2/24/2020; Majority Vote)
This petition was given regular course and a public hearing was set
for March 9, 2020 at 6:44PM. Vote: 9-0.
VI. MATTERS BEFORE CITY COUNCIL
VII. CITY OF LEOMINSTER – FINANCIAL REPORT
a. The balance of the stabilization fund was $15,645,323.55.
VIII. FINANCE
Loan Order C-79 of 2019 – Aeration Basin Project - $11,294,000.00
In accordance with section 3-9 of the Leominster City Charter, a Public Hearing will be held
on Monday February 24, 2020 at 6:45 P.M. in the Council Chambers, 25 West Street,
Leominster, MA. The subject of the hearing will be the following Loan Order:
ORDERED, that $11.294,000.00 is appropriated for the purpose of financing an aeration
basin and secondary clarifier upgrade project, including without limitation all costs thereof;
that to meet this appropriation the Treasurer with the approval of the Mayor is authorized to
borrow such amount and issue bonds or notes therefor under G.L. c.44 or any other enabling
legislation and/or Chapter 29C of the General Laws; that such bonds or notes shall be general
obligations of the City unless the Treasurer with the approval of the Mayor determines that
they should be issued as limited obligations and may be secured by local system revenues as
defined in Section 1 of Chapter 29C; that the Treasurer with the approval of the Mayor is
authorized to borrow all or a portion of such amount from the Massachusetts Clean Water
Trust established pursuant to Chapter 29C and in connection therewith to enter into a
financing agreement and/or a security agreement with the Trust and otherwise to contract
with the Trust and the Department of Environmental Protection with respect to such loan and
for any federal or state aid available for the project or for the financing thereof; and that the
Mayor or the Treasurer is authorized to enter into a project regulatory agreement with the
Department of Environmental Protection, to expend all funds available for the project and to
take any other action necessary or convenient to carry out the project and this vote. Any
premium received 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 costs approved by this vote in accordance with M.G.L. c. 44, §20,
thereby reducing the amount authorized to be borrowed to pay such costs by a like amount.
Page 6
The Finance Committee recommended that the Loan Order be GRANTED. Roll Call
Vote: 8-0-1(Councillor Chalifoux Zephir abstained due to a conflict of interest).
FINANCE, CONTINUED
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.
The Finance Committee recommended that the Council GRANT the
communication. Vote: 9-0 the communication was granted. ORDERED: By
a vote of 9-0 the communication was ADOPTED.
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)
The Finance Committee recommended that the Council GRANT the
communication. Vote: 9-0 the communication was granted. ORDERED: By
a vote of 9-0 the communication was ADOPTED.
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)
The Finance Committee recommended that the Council GRANT the
communication. Vote: 9-0 the communication was granted. ORDERED: By
a vote of 9-0 the communication was ADOPTED.
IX. LEGAL AFFAIRS
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:
Page 7
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;
Pending Referral Mayor, Police Union; Public Hearing TBD; Majority Vote)
The Legal Affairs Committee recommended that the communication be
given FURTHER TIME. Vote: 9-0 the communication was given further
time.
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, 2/10/2020; 2/3 Vote)
The Legal Affairs Committee recommended that the communication be
given FURTHER TIME. Vote: 9-0 the communication was given further
time. A Legal Affairs Subcommitee meeting will occur on March 4, 2020 at
6:00PM to further discuss this matter.
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, 2/10/2020; 2/3 Vote)
The Legal Affairs Committee recommended that the communication be
given FURTHER TIME. Vote: 9-0 the communication was given further
time. A Legal Affairs Subcommittee meeting will occur on March 4, 2020 at
6:00PM to further discuss this matter.
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; Further Time 2/10/2020; Public
Hearing TBD; 2/3 Vote)
The Legal Affairs Committee recommended to DENY the petition. Council
Bodanza requested that the Public Service Committee give their report
directly after Legal Affairs. The Public Service Committee recommended to
give the petition FURTHER TIME. The first vote taken was with respect to
the support submitted to the Public Service Committee. Vote: 5 (Councillor
Angelini, Councillor Dombrowski, Councillor Ardinger, Councillor David
Cormier, Councillor Bodanza NAY)-4 (Councillor Freda, Councillor
Pauline Cormier, Councillor Feckley, Councillor Chalifoux Zephir YEA) the
recommendation for FURTHER TIME was DENIED. The vote for the
report from Legal Affairs was taken up next. Vote: 5-4 the petition was
DENIED. Vote: 5 (Councillor Angelini, Councillor Dombrowski, Councillor
Ardinger, Councillor David Cormier, Councillor Bodanza NAY)-4
Page 8
(Councillor Freda, Councillor Pauline Cormier, Councillor Feckley,
Councillor Chalifoux Zephir YEA) the recommendation for FURTHER
TIME was DENIED.
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; Pending
Referrals Mayor, Planning, Health Director, ZBA; Public Hearing TBD;
Majority Vote)
The Legal Affairs Committee recommended that this petition be given
FURTHER TIME to allow for pending referrals to be submitted. Vote: 9-0
the petition was given FURTHER TIME.
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,
Boston, MA 02114-2104; and (Legal Affairs; Regular Course 02/10/2020;
Pending Referrals Planning, Conservation, ZBA, Engineer; Public Hearing
3/9/2020 @ 6:45 P.M.; 2/3 Vote)
The Legal Affairs Committee recommended that this petition be given
FURTHER TIME. Vote: 9-0 the petition was given FURTHER TIME.
Page 9
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; Pending Referrals
Mayor, DPW, Water Department; Public Hearing 2/24/2020 @ 6:37 P.M.; 2/3
Vote)
User Class Factor Unit Rate
Residential (includes low
strength industrial) (As of
March 1, 2020) metered water 100 cu. Ft. $4.56
(As of March 1, 2021) $4.70
Minimum sewer charge per
quarter $25.00
Lunenburg (As of March 1,
2020 Per Intermunicipal
Agreement Dated June 24,
1999) Metered Water 100 cu. Ft. $5.18
(As of March 1, 2021) $5.32
Out of City (As of March 1,
2020) Metered water 100 cu. Ft. $8.83
(As of March 1, 2021) $9.97
The Legal Affairs Committee recommended that the petition be GRANTED.
Roll Call Vote: 8-0 the petition was GRANTED. Councillor Chalifoux
Zephir abstained from the petition due to a conflict of interest.
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: (Legal
Affairs; Regular Course 2/10/2020; Public Hearing 2/24/2020 @ 6:34 P.M.;
Pending Referrals Mayor, DPW, Water Department; 2/3 Vote)
Chapter 21, Article II, Sections 21-11.1 of the Revised Ordinances entitled
“Water User Rate Schedule” by deleting the provision for metered rates
within and outside the city and inserting the following rates in its place:
“Metered rates per unit, 4 units and over – effective March 1, 2020
Within City: $4.00 per unit
Outside the City: $5.03 per unit
Metered rates per unit, 4 units and over – effective March 1, 2021
Within City: $4.15 per unit
Outside the City $5.18 per unit
Page 10
Sec. 21-11.1 Water user rate schedule.
The water user rate schedule for residential and industrial use shall be as
follows:
Effective
Minimum water charger per quarter:
5/8” meter $25.00
¾” meter $25.00
1.0” meter $30.00
1.5”meter $30.00
2.0”meter $30.00
3.0”meter $35.00
4.0”meter $35.00
6.0”meter $45.00
8.0”meter $45.00
Out of City $45.00
The Legal Affairs Committee recommended that the petition be GRANTED.
Roll Vote: 8-0 the petition was GRANTED. Chalifoux Zephir abstained
from the petition due to a conflict of interest.
X. 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; Further Time 2/10/2020; Public
Hearing TBD; 2/3 Vote)
The Legal Affairs Committee recommended to DENY the petition. Council
Bodanza requested that the Public Service Committee give their report
directly after Legal Affairs. The Public Service Committee recommended to
give the petition FURTHER TIME. The first vote taken was with respect to
the support submitted to the Public Service Committee. Vote: 5 (Councillor
Angelini, Councillor Dombrowski, Councillor Ardinger, Councillor David
Cormier, Councillor Bodanza NAY)-4 (Councillor Freda, Councillor
Pauline Cormier, Councillor Feckley, Councillor Chalifoux Zephir YEA) the
recommendation for FURTHER TIME was DENIED. The vote for the
report from Legal Affairs was taken up next. Vote: 5-4 the petition was
DENIED. Vote: 5 (Councillor Angelini, Councillor Dombrowski, Councillor
Ardinger, Councillor David Cormier, Councillor Bodanza NAY)-4
(Councillor Freda, Councillor Pauline Cormier, Councillor Feckley,
Councillor Chalifoux Zephir YEA) the recommendation for FURTHER
TIME was DENIED.
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XI. WAYS & MEANS
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)
The Ways and Means Committee recommended to give this petition
GRANTED. Vote: 9-0 the petition was given GRANTED.
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)
The Ways and Means Committee recommended to give this petition
FURTHER TIME pending the referral from the Collector’s Office. Vote: 9-
0 the petition was given FURTHER TIME.
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)
The Ways and Means Committee recommended to give this petition
GRANTED. Vote: 9-0 the petition was given GRANTED.
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)
The Ways and Means Committee recommended to give this petition
GRANTED. Vote: 9-0 the petition was given GRANTED.
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)
The Ways and Means Committee recommended to give this petition
GRANTED. Vote: 9-0 the petition was given GRANTED.
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)
The Ways and Means Committee recommended to give this petition
GRANTED. Vote: 9-0 the petition was given GRANTED.
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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)
The Ways and Means Committee recommended to give this petition
GRANTED. Vote: 9-0 the petition was given GRANTED.
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)
The Ways and Means Committee recommended to give this petition
GRANTED. Vote: 9-0 the petition was given GRANTED.
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)
The Ways and Means Committee recommended to give this petition
GRANTED. Vote: 9-0 the petition was given GRANTED.
XII. CITY PROPERTY
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 and 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; Public Hearing 2/24/2020 @ 6:47 P.M.;
2/3 Vote)
The City Property Committee recommended that the communication be
GRANTED. Vote: 9-0 the communication was GRANTED.
XIII. NEW BUSINESS
New Business under Suspension of the Rules
• Proposed scheduling of an Informational meeting relative to the impact of
the Health Alliance Emergency Room on local Fire and Police resources
with a vote to invite the Fire Chief, the Police Chief and Steve Roach
President and Chief Executive Officer of Health Alliance – Clinton
Hospital to attend.
Councillor Chalifoux Zephir made a motion to amend the measure to delete
the word local and replace it with the word LEOMINSTER. Councillor
Dombrowski seconded the motion. The motion carried unanimously. Vote:
9-0.
Page 13
The Ways and Means Committee recommended that the Council vote to
establish an informational meeting on March 9, 2020 at 6:00PM regarding
this matter and to also invite down the Fire Chief, Police Chief, and Steve
Roach to attend. Vote: 9-0 the informational meeting was established and the
Fire Chief, Police Chief, and President and Chief Executive Officer of
HealthAlliance-Clinton Hospital would be contacted.
1st Reading Ordinance
28-20 Officer Julio Ramos: Install no parking signs on Research Drive. (Legal Affairs;
Regular Course 1/13/2020; Amended 1/27/2020; 2/10/2020 to “no parking”;
Granted 1/27/2020; Public Hearing 2/24/2020 @ 6:46 P.M.; 1st Reading
2/24/2020; 2/3 Vote)
The Legal Affairs Committee recommended that the first reading of the
ordinance be ADOPTED. Roll Call Vote: 9-0 the first reading of the
ordinance was ADOPTED.
XIV. OLD BUSINESS
2nd Reading Ordinance
20-20 Patrick Bresnahan, Leominster Police Officer: Requests to amend Chapter 13,
Section 13-34 of the Revised Ordinances entitled “No Parking on Certain
Streets” is hereby amended by 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. (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; Amended 2/10/2020; 2/3
Vote)
The Legal Affairs Committee recommended that the second reading of the
ordinance be ADOPTED. Roll Call Vote: 9-0 the second reading of the
ordinance was ADOPTED.
XV. COMMUNITY CALENDAR
• The City Clerk informed the Community that Early Voting was currently
taking place during regular business hours from February 24 through
February 28, 2020.
XVI. ADJOURNMENT – THE MEETING ADJOURNED AT 8:46PM.
Minutes Respectfully Submitted By:
Katelyn Huffman, City Clerk
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