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 MONDAY, JANUANRY 11, 2021 JOHN P. MAHAN CITY COUNCIL CHAMBERS The City Council meeting on January 11, 2021 will be held virtually, by a conference telephone call only. All City Councillors, and members of the public interested in participating in the public forum, or a scheduled public hearing, are requested to call the following number : +1 (786) 535-3211 and enter the following code 974-864-205 (Please note: the call in number and code are different than the call in number and code from the last meeting conducted on December 28, 2020). The meeting will begin promptly at 6:00 PM on Monday, January 11, 2021. The conference phone call will be moderated by the City Council President and all discussion will be strictly limited to matters on the agenda. It is expected that the audio phone call will be broadcast on Leominster Access Television. PUBLIC HEARING, 6:00 P.M. 17-21 Stephen Fraticelli of Fraticelli Oil Co., Inc.: Request to amend Flammable Liquids License from 335,000 gallons to 575,000 gallons of flammable liquids at 239 Litchfield Street. (Legal Affairs; Regular Course 9/28/2020; Further Time 10/13/2020, 10/26/2020, 11/9/2020, 12/14/2020, 12/28/2020; Special Meeting 12/21/2020; Public Hearing 10/13/2020 @ 6:52 PM; Public Hearing Continued 10/26/2020 @ 6:30 P.M.; 11/9/2020 @ 6:15 PM.;11/23/2020 @ 6:00 PM, 12/14/2020 @ 6:20 P.M., 1/11/2021 @ 6:00 P.M.; Majority Vote) The public hearing opened at 6:00PM. Councillor Dombrowski read the proposed conditions into the record. He informed the City Council that the City Solicitor, Fire Chief and applicant agreed to the conditions as proposed. Councillor Feckley asked how trucks would be monitored for storage they have when coming back to the yard. Mr. Fraticelli explained that they would implement a protocol that would require trucks to pump propane back into the storage tanks underground if they housed more than the 100-gallon limit upon return. Some Councillors sited concern regarding delivery of propane during weekend hours. They recommended restrictions be implemented on weekend delivery.  Specifically, “This paragraph shall not apply to emergency situations and shall not apply to Saturday mornings during the months of December, January and February when the petitioner will be allowed to have deliveries between the hours of 8:00 a.m. and 12:00 P.M.” Councillor Dombrowski asked three times if anyone from the public wanted to speak regarding the petition. No one spoke. The public hearing closed at 6:52PM. INTERVIEW, 6:30 P.M. A measure confirming the Mayor’s appointment of Kristine Lacerda to the position of the Cultural Commission; term to expire 4/15/2024. (Ways & Means; Regular Course 12/14/2020; Further Time 12/28/2020; Interview scheduled 1/11/2021 @ 6:30 PM; Majority Vote) This interview was rescheduled to January 25, 2021. A measure confirming the Mayor’s appointment of Kaitlyn Montagna to the position of the Cultural Commission; term to expire 4/15/2024. (Ways & Means; Regular Course 12/14/2020; Further Time 12/28/2020; Interview scheduled 1/11/2021@ 6:30 PM; Majority Vote) The Ways and Means Committee conducted an interview with Ms. Montagna. She informed the City Council that she works in event production. She has previous experience working with the Revere Cultural Council and would like to give back to Leominster. She has been a Leominster resident for four years and looks forward to using her experience with cultural commission grants to be an asset to the City. INTERVIEW, 6:31 P.M. A measure confirming the Mayor’s appointment of Brian Harper to the position of the Office of Emergency Management; volunteer. (Ways & Means; Regular Course 12/14/2020; Further Time 12/28/2020; Interview scheduled 1/11/2021 @ 6:31 PM; Majority Vote) This interview was rescheduled to January 25, 2021. A measure confirming the Mayor’s appointment of Joseph Kenny to the position of the Office of Emergency Management; volunteer. (Ways & Means; Regular Course 12/14/2020; Further Time 12/28/2020; Interview scheduled 1/11/2021 @ 6:31 PM Majority Vote) This interview was rescheduled to January 25, 2021. A measure confirming the Mayor’s appointment of Joseph Carlino to the position of the Office of Emergency Management; volunteer. (Ways & Means; Regular Course 12/14/2020; Further Time 12/28/2020; Interview scheduled 1/11/2021 @ 6:31 PM Majority Vote) This interview was rescheduled to January 25, 2021. Page 2 A measure confirming the Mayor’s appointment of Alex Ostroff to the position of the Office of Emergency Management; volunteer. (Ways & Means; Regular Course 12/14/2020; Further Time 12/28/2020; Interview scheduled 1/11/2021 @ 6:31 PM Majority Vote) The Ways and Means Committee conducted an interview with Mr. Ostroff. He informed the Council that he has experience, and currently works in security. He is looking to expand his knowledge and horizons and believes being a volunteer for the EMA would grant the opportunity to do so. He looks forward to giving back to the community. 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 time frame. The Council will not be responding or answering any questions; however, at the discretion of the Council President, clarification may be given. Councillor Bodanza asked three times if any member of the public wanted to speak on any matter listed on the agenda. No one spoke. 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 Freda seconded the motion. The regular meeting went into recess at 7:03PM. The regular meeting reconvened at 7:26PM. II. ROLL CALL OF COUNCILLORS IN ATTENDANCE Council President Bodanza, Council Vice President Feckley, Councillor Freda, Councillor Dombrowski, Councillor Chalfioux Zephir, Councillor Angelini, Councillor Ardinger, Councillor Pauline Cormier and Councillor David Cormier present. Others present: Katelyn Huffman, City Clerk. III. APPROVAL OF RECORDS PRESENTED BY THE VICE PRESIDENT • December 14, 2020 – These minutes were approved and placed on file. • December 21, 2020– These minutes were approved and placed on file. • December 28, 2020– These minutes were approved and placed on file. • January 4, 2021– These minutes were approved and placed on file. Page 3 IV. COMMUNICATIONS FROM THE MAYOR ORDERS C-52 Dean J. Mazzarella, Mayor: Request that an appropriation of $360,000.00 be made to the School Department Transportation Expense Account; the same amount to be transferred from the Stabilization Fund. (Finance Committee; Regular Course 01/11/2021; 2/3 Vote) This communication was given regular course. C-53 Dean J. Mazzarella, Mayor: Request to accept $ 2,294,867 from Phase II of the City’s Cares Act Funding. (Ways and Means; Regular Course 01/11/2021; Majority Vote) RE: COVID Grant Phase II This communication was given regular course. V. PETITIONS FIRST TIME ON THE AGENDA 32-21 Elizabeth Wood, Planning and Economic Development Director: Request to amend the zoning ordinance pertaining to the floodplain. See attached letter. (Legal Affairs; Regular Course 01/11/2021; Public Hearing February 8, 2021 @ 6:50PM; 2/3 Vote) RE: Amend Article VI Section 22-34: Special Districts Regulations: Floodplain This communication was given regular course with a referral to the Planning Board. Building Commissioner, Zoning Board of Appeals, and Conservation Commission. VI. MATTERS BEFORE CITY COUNCIL VII. CITY OF LEOMINSTER – FINANCIAL REPORT a. The balance of the stabilization fund was $18,444,774.48. Page 4 VIII. FINANCE C-50 Dean J. Mazzarella, Mayor: Request that an appropriation of $18,600.00 be made to the Police Department Capital Outlay Expense Account; the same amount to be transferred from the Stabilization Fund. (Finance Committee; Regular Course 12/28/2020; 2/3 Vote) The Finance Committee recommended that the City Council GRANT the communication. Roll Call Vote: 9-0 the communication was GRANTED. ORDERED: Roll Call Vote: 9-0 the communication was ADOPTED. C-51 Dean J. Mazzarella, Mayor: Request that an appropriation of $1,125,956.00 be made to the Street Resurfacing Expense Account; the same amount to be transferred from the Highway State Aid Account. (Finance Committee; Regular Course 12/28/2020; Majority Vote) RE: FY 2021 Letter of Credit Award. The Finance Committee recommended that the City Council GRANT the communication. Roll Call Vote: 9-0 the communication was GRANTED. ORDERED: Roll Call Vote: 9-0 the communication was ADOPTED. 30-21 Gregory C. Chapdelaine, Purchasing Agent: Request to allow the Purchasing Agent to award a contract for School Bussing Services for a five-year period. (Finance; Regular Course 12/28/2020; Majority Vote) The Finance Committee recommended that the City Council GRANT the communication. Roll Call Vote: 9-0 the communication was GRANTED. 31-21 Gregory C. Chapdelaine, Purchasing Agent: Request to allow the Purchasing Agent to award a contract for Forestry Management Services for a ten-year period. This will be a new contract, but it is not the first time the City has hired such consultant to assist with forestry matters. (Finance; Regular Course 12/28/2020; Majority Vote) The Finance Committee recommended that the City Council give the communication FURTHER TIME. Call Vote: 9-0 the communication was given FURTHER TIME. The Council also asked the City Clerk to request the DPW and purchasing agent be present at the next meeting to discuss this communication further. Page 5 IX. LEGAL AFFAIRS 17-21 Stephen Fraticelli of Fraticelli Oil Co., Inc.: Request to amend Flammable Liquids License from 335,000 gallons to 575,000 gallons of flammable liquids at 239 Litchfield Street. (Legal Affairs; Regular Course 9/28/2020; Further Time 10/13/2020, 10/26/2020, 11/9/2020, 12/14/2020, 12/28/2020; Special Meeting 12/21/2020; Public Hearing 10/13/2020 @ 6:52 PM; Public Hearing Continued 10/26/2020 @ 6:30 P.M.; 11/9/2020 @ 6:15 PM.;11/23/2020 @ 6:00 PM, 12/14/2020 @ 6:20 P.M., 1/11/2021 @ 6:00 P.M.; Majority Vote) The Legal Affairs Committee recommended that the City Council GRANT the petition with conditions. The conditions were as follows: 1. The design, installation and intended operation of the facility must conform in all respects to the requirements contained in NFPA 58 – Liquefied Petroleum Code, NFPA 1 – Fire Code (most recent edition) and the Commonwealth of Massachusetts Fire Code – 527 CMR 1.0 (most recent edition). 2. Prior to commencing any work, the Petitioner must submit engineered plans which comply with paragraph 1 and must obtain all necessary and required federal, state and local approvals and permits. 3. The final design shall be reviewed by Michael Nicoloro (Principal Engineer and Senior Vice President of Sanborn Head & Associates, Inc.) or such other independent consultant approved by the Fire Chief at the time of submission to the Building Department and fire Department for approval. If approved, the independent consultant will inspect the installation upon completion but prior to final certification by the Building Department and Fire Department. The independent consultant shall also inspect the project, from time to time, as requested by the Fire Department. The cost and expenses of the independent consultant shall be paid by the Petitioner, with an estimate provided by the consultant upon the Petitioner’s request. 4. Petitioner must file on an annual basis certificates of independent testing of the relevant valves and inspection of the facility by the independent consultant with the Fire Department, which results must be approved by the Fire Department. 5. All employees dealing with flammable liquids must be CETP trained and certified. Copies of these certificates must be filed with the Fire Department. This requirement shall include any requirements for renewal certification, updated training and continuing education required by the issuing and governing authorities. Page 6 6. Any suspected accidents, leaks, blasts, explosions or fires must be immediately reported to the Fire Department and Police Department. 7. Petitioner must construct and install an “L” shaped earthen berm in between the area where the tanks will be located and the public streets. The design, dimensions, size and specifications of the berm shall be approved by the independent consultant. 8. Petitioner shall procure general liability insurance in the amount of at least $1,000,000.00 with an umbrella policy of $4,000,000.00 and shall provide proof of such insurance to the Fire Department at the beginning of each year. 9. Any failure to abide by these conditions may result in the suspension or revocation of this Flammable Liquids License. 10. No vehicle will be parked on the property with more than 100 gallons of propane on it during overnight hours. 11. Deliveries to the facility to fill the underground storage tanks will not take place between the hours of 7 PM and 7 AM. There also will be no such deliveries between the hours of 7 PM on any given Friday and the hours of 7 AM on any given Monday. This paragraph shall not apply to emergency situations and shall not apply to Saturday mornings during the months of December, January and February when the petitioner will be allowed to have deliveries between the hours of 8:00 a.m. and 12:00 P.M. Roll Call Vote: 6-2-1 (Councillor David Cormier and Councillolr Feckley Nay, Councillor Bodanza abstained due to a possible conflict of interest) the petition was GRANTED with conditions. 25-21 Elizabeth Wood, Economic Development and Planning Director: Request to amend the zoning ordinance pertaining to Home Occupations. See attached letter. (Legal Affairs; Regular Course 11/23/2020; Further Time 12/14/2020, 12/28/2020; Public Hearing; January 11, 2021 @ 6:35PM; Pending Referrals ZBA, Planning Board Director, Planning Board; 2/3 Vote) The Legal Affairs Committee recommended that the City Council give the petition further time and continue the public hearing to February 8, 2021 at 6:00PM. Roll Call Vote: 9-0 the petition was given FURTHER TIME and the public hearing was continued. Page 7 26-21 Elizabeth Wood, Economic Development and Planning Director: Request to amend the zoning ordinance pertaining to Lot Frontage and adding a definition for Paper Streets. See attached letter. (Legal Affairs; Regular Course 11/23/2020; Further Time 12/14/2020, 12/28/2020; Public Hearing; January 11, 2021 @ 6:40PM; Pending Referrals ZBA, Planning Board Director, Planning Board; 2/3 Vote) The Legal Affairs Committee recommended that the City Council give the petition further time and continue the public hearing to February 8, 2021 at 6:15PM. Roll Call Vote: 9-0 the petition was given FURTHER TIME and the public hearing was continued. 27-21 Elizabeth Wood, Economic Development and Planning Director: Request to amend the zoning ordinance pertaining to Solar. See attached letter. (Legal Affairs; Regular Course 11/23/2020; Further Time 12/14/2020, 12/28/2020; Public Hearing; January 11, 2021 @ 6:45PM; Pending Referrals ZBA, Planning Board Director, Planning Board, Health; 2/3 Vote) RE: Amend Article III Table of Uses re: Solar Use and Article XV Section 22-104 Solar Ordinance. The Legal Affairs Committee recommended that the City Council give the petition further time and continue the public hearing to February 8, 2021 at 6:30PM. Roll Call Vote: 9-0 the petition was given FURTHER TIME and the public hearing was continued. 28-21 Elizabeth Wood, Economic Development and Planning Director: Request to amend the zoning ordinance to include provision for regulating commercial kitchens. See attached letter. (Legal Affairs; Regular Course 11/23/2020; Further Time 12/14/2020, 12/28/2020; Public Hearing; January 11, 2021 @ 6:50PM; Pending Referrals ZBA, Planning Board Director, Planning Board, Health; 2/3 Vote) The Legal Affairs Committee recommended that the City Council give the petition further time and continue the public hearing to February 8, 2021 at 6:45PM. Roll Call Vote: 9-0 the petition was given FURTHER TIME and the public hearing was continued. Page 8  29-21 Massapoag Road Corporation, c/o Lisciotti Development Corporation: Request to accept Massapoag Road and Dobson Circle as public ways along with associated storm water drainage easement. (Legal Affairs; Regular Course 12/28/2020; Pending Referrals Planning Board Director, Planning Board, DPW, Building, City Solicitor; Majority Vote) The Legal Affairs Committee recommended that the City Council give the petition further time and set the public hearing to February 8, 2021 at 6:50PM. Roll Call Vote: 9-0 the petition was given FURTHER TIME and the public hearing was set. X. WAYS & MEANS A measure confirming the Mayor’s appointment of Kristine Lacerda to the position of the Cultural Commission; term to expire 4/15/2024. (Ways & Means; Regular Course 12/14/2020; Further Time 12/28/2020; Interview scheduled 1/11/2021 @ 6:30 PM; Majority Vote) The Ways and Means Committee recommended that the City Council give the appointment FURTHER TIME. Roll Call Vote: 9-0 the appointment was given FURTHER TIME. A measure confirming the Mayor’s appointment of Kaitlyn Montagna to the position of the Cultural Commission; term to expire 4/15/2024. (Ways & Means; Regular Course 12/14/2020; Further Time 12/28/2020; Interview scheduled 1/11/2021@ 6:30 PM; Majority Vote) The Ways and Means Committee recommended that the City Council CONFIRM the appointment. Roll Call Vote: 9-0 the appointment was CONFIRMED. A measure confirming the Mayor’s appointment of Brian Harper to the position of the Office of Emergency Management; volunteer. (Ways & Means; Regular Course 12/14/2020; Further Time 12/28/2020; Interview scheduled 1/11/2021 @ 6:31 PM; Majority Vote) The Ways and Means Committee recommended that the City Council give the appointment FURTHER TIME. Roll Call Vote: 9-0 the appointment was given FURTHER TIME. A measure confirming the Mayor’s appointment of Joseph Kenny to the position of the Office of Emergency Management; volunteer. (Ways & Means; Regular Course 12/14/2020; Further Time 12/28/2020; Interview scheduled 1/11/2021 @ 6:31 PM Majority Vote) Page 9  The Ways and Means Committee recommended that the City Council give the appointment FURTHER TIME. Roll Call Vote: 9-0 the appointment was given FURTHER TIME. A measure confirming the Mayor’s appointment of Joseph Carlino to the position of the Office of Emergency Management; volunteer. (Ways & Means; Regular Course 12/14/2020; Further Time 12/28/2020; Interview scheduled 1/11/2021 @ 6:31 PM Majority Vote) The Ways and Means Committee recommended that the City Council give the appointment FURTHER TIME. Roll Call Vote: 9-0 the appointment was given FURTHER TIME. A measure confirming the Mayor’s appointment of Alex Ostroff to the position of the Office of Emergency Management; volunteer. (Ways & Means; Regular Course 12/14/2020; Further Time 12/28/2020; Interview scheduled 1/11/2021 @ 6:31 PM Majority Vote) The Ways and Means Committee recommended that the City Council CONFIRM the appointment. Roll Call Vote: 9-0 the appointment was CONFIRMED. XI. NEW BUSINESS XII. OLD BUSINESS 2nd Reading Ordinance 22-21 Mark C. Bodanza, Ward 4 Councillor, and David R. Cormier, Ward 3 Councillor: Request to amend Section 2-14 of Article III of the Revised Ordinances for City of Leominster as follows: By deleting “All meetings of the council shall be held in the municipal building. In the event of a public emergency or other condition which renders it impossible for the council to hold any meeting in the City Hall, the council will hold a meeting at the Leominster High School” and substituting in its place the following language therein; “All meetings of the council shall be held in the municipal building. In the event of a public emergency or other condition which renders it impossible for the council to hold any meeting in the City Hall, the council shall be permitted to conduct its meetings at the Emergency Management Operation Center or the Leominster High School”. (Legal Affairs; Regular Page 10  Course 11/9/2020; Further Time; 11/23/2020; Public Hearing 12/14/2020 @ 6:50PM; 1st Reading 12/28/2020; 2/3 Vote) The Legal Affairs Committee recommended that the City Council ADOPT the second reading of the ordinance. Roll Call Vote: 9-0 the second reading of the ordinance was ADOPTED. XIII. COMMUNITY CALENDAR XIV. ADJOURNMENT The meeting adjourned at 8:35PM. - Katelyn Huffman, City Clerk Page 11