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, FEBRUARY 8, 2021 JOHN P. MAHAN CITY COUNCIL CHAMBERS The City Council meeting on February 8, 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 (571) 317-3122 and enter the following code 163-922-765 (Please note: the call in number and code are different than the call in number and code from the last meeting conducted on January 25, 2021). The meeting will begin promptly at 6:00 PM on Monday, February 8, 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. 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;01/11/2021;01/25/20251 Public Hearing; January 11, 2021 @ 6:35PM; Public Hearing Continued; 02/08/2021 @ 6:00PM; Further Time; 01/11/2021; 01/25/2021; Pending Referrals ZBA; 2/3 Vote) The public hearing opened at 6:00PM. Elizabeth Wood, Planning and Economic Development Director, gave an overview of the proposed zoning ordinance change. She informed the Council that this amendment would clear up current confusion with the existing zoning ordinance and prevent people from having home occupations that would be detrimental to the neighborhood. Councillor David Cormier asked how many citizens this would affect. Ms. Wood informed him she did not know the number but would research it further.  Councillor Freda informed the Council that she was concerned about the repercussions for other property owners and the appeal process. She also was concerned about angry neighbors complaining about otherwise lawful home occupations. Councillor Chalifouz Zephir asked whether or not this new ordinance would affect renewal of current business licenses. Councillor Dombrowski informed her it would not, because they would be grandfather (preexisting nonconforming) and the license would still be valid. It was suggested that the wording be amended so that it read “it does not alter the residential character of the property and is not prohibited under the table of uses, and as otherwise specified for compliance”. Ms. Vittorioso, planning board vice chair, informed the Council she was not against the proposed amendments. Councillor Dombrowski asked three times if anyone from the public would like to speak for or against the petition. No one spoke. Councillor Dombrowski informed the public that the petition would be brought into subcommittee. The public hearing was closed. PUBLIC HEARING, 6:15 P.M. 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, 01/11/2021, 01/25/2021 Public Hearing; January 11, 2021 @ 6:35PM; Public Hearing Continued; 02/08/2021 @ 6:15PM; Further Time; 01/11/2021; 01/25/2021; Pending Referrals ZBA; 2/3 Vote) The public hearing opened at 6:25PM. Ms. Wood gave an overview of the proposed amendment to the zoning ordinance. Councillor Dombrowski informed the Council that he felt that the ordinance needed to be expanded. The pieces of the ordinance that discussed construction on a paper street and maintenance of the road were not clear. He also informed the Council that if a street is not accepted by the City then owners on each side own to the middle of the road which would cause complications with this such ordinance. It was recommended that the ordinance be brought to subcommittee. Page 2  Councillor Dombrowski asked three times if anyone from the public wanted to speak for or against the petition. No one spoke. The public hearing was closed. PUBLIC HEARING, 6:30 P.M. 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, 01/11/2021, 01/25/2021; Public Hearing; January 11, 2021 @ 6:35PM; Public Hearing Continued; 02/08/2021 @ 6:30PM; Further Time; 01/11/2021; 01/25/2021; Pending Referrals ZBA; 2/3 Vote) RE: Amend Article III Table of Uses re: Solar Use and Article XV Section 22-104 Solar Ordinance. The public hearing opened at 6:55PM. Councillor Dombrowski asked three times whether anyone from the public wanted to speak for or against the petition. Councillor Dombrowski informed the Council that the planning board had continued their hearing to March 1, 2021 to further discuss this. Without a recommendation the council cannot take action. The Public hearing was continued to March 8, 2021 at 6:45PM pending planning board referral. PUBLIC HEARING, 6:45 P.M. 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 @ 6:35PM; Public Hearing Continued; 02/08/2021 @ 6:45PM; Further Time; 01/11/2021; 01/25/2021; Pending Referrals ZBA; 2/3 Vote) The public hearing opened at 7:04PM. Ms. Wood gave an overview of the proposed zoning amendment. She informed the Council it creates a definition for commercial kitchens and regulates where they are allowed within the table of uses. Nikki Peters, Economic Development Coordinator, informed the Council that this would be beneficial for small businesses in the City. She also informed the Council it would be more beneficial if it was broadened to allow commercial kitchen in the village areas by special permit and site plan approval. Page 3  Travis Condon, Chamber of Commerce, expressed his support for the ordinance. He informed the council it would be a positive step for small business owners and help the community thrive. Melissa Tasca, Business Development Coordinator, expressed her support for the ordinance. She informed the council it would be beneficial for the city and small businesses. Councillor Dombrowski made a motion to amend 28-21 to allow Commercial Kitchens in the village district by Special Permit through the Planning Board and by Site Plan Approval. Councillor Chalifoux Zephir seconded the motion. Roll Call Vote: 9-0 the ordinance was amended. Councillor Dombrowski asked if any other member of the public would like to speak for or against the petition. No one else spoke. The public hearing closed at 7:14PM. PUBLIC HEARING, 6:50 P.M. 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; Further Time 01/11/2021; 01/25/2021; Public Hearing February 8, 2021 @ 6:50PM; 2/3 Vote) RE: Amend Article VI Section 22-34: Special Districts Regulations: Floodplain The Public Hearing opened at 7:15PM. Councillor Dombrowski asked three times whether anyone from the public wanted to speak for or against the petition. Councillor Dombrowski informed the Council that the planning board had continued their hearing to March 1, 2021 to further discuss this. Without a recommendation the council cannot take action. The Public hearing was continued to March 8, 2021 at 6:40PM pending planning board referral. Page 4 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 anyone from the public wanted to speak for or against any item 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. II. ROLL CALL OF COUNCILLORS IN ATTENDANCE City Council President Bodanza, City Council Vice President Feckley, Councillor Freda, Councillor Chalifoux 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 • January 25, 2021 – These meeting minutes were approved and placed on file. IV. COMMUNICATIONS FROM THE MAYOR ORDERS C-55 Dean J. Mazzarella, Mayor: Request that an appropriation of $250,000.00 be made to the Fire Overtime account; the same amount to be transferred from the Stabilization Fund. (Finance; Regular Course 02/08/2021; 2/3 Vote) Councillor David Cormier abstained from the communication due to a possible conflict of interest. The communication was given regular course. Page 5 COMMUNICATIONS C-56 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 (89), that State Senator John Cronin 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; Regular Course 02/08/2021; Public Hearing February 22, 2021 at 6:25PM; Majority Vote) This communication was given regular course. Referrals were requested from the Police Chief, Mayor, and both police unions. By a vote of 9-0 a public hearing was set for February 22, 2021 at 6:25PM. APPOINTMENTS A measure confirming the Mayor’s appointment of William Connor to the position of Chief Assessor for the City of Leominster for a term of three years, effective immediately. (Ways and Means; Regular Course, Majority Vote) This communication was given regular course. It was requested that Mr. Connor come to the next City Council meeting at 6:20PM for an interview. A measure confirming the Mayor’s reappointment of Thomas Bissonnette to the Recreation Commission, term to expire 04/15/2024. (Ways and Means; Regular Course, Majority Vote) This communication was given regular course. A measure confirming the Mayor’s reappointment of Maureen Donatelli to the Recreation Commission, term to expire 04/15/2024. (Ways and Means; Regular Course, Majority Vote) This communication was given regular course. Page 6  A measure confirming the Mayor’s reappointment of John M. Ciccolini to the Recreation Commission, term to expire 04/15/2024. (Ways and Means; Regular Course, Majority Vote) This communication was given regular course. A measure confirming the Mayor’s reappointment of Lionel A. Charpentier to the Recreation Commission, term to expire 04/15/2024. (Ways and Means; Regular Course, Majority Vote) This communication was given regular course. A measure confirming the Mayor’s reappointment of Jeffrey O’Neil to the Recreation Commission, term to expire 04/15/2024. (Ways and Means; Regular Course, Majority Vote) This communication was given regular course. A measure confirming the Mayor’s reappointment of Douglas Cormier to the Recreation Commission, term to expire 04/15/2024. (Ways and Means; Regular Course, Majority Vote) This communication was given regular course. EMERGENCY PREAMBLE C-57 Dean J. Mazzarella, Mayor: Request that an appropriation of $256,000.00 be made to the Police Department Overtime Account; the same amount to be transferred from the Stabilization Fund. (Finance; 2/3 Vote) Councillor David Cormier informed the Council that due to executive order from President Trump and Chapter 253 of the Acts for Police Reform, there are new unbudgeted expenses that the Police Department is facing. A motion was made to accept the Emergency Preamble. Roll Call Vote: 8-1 (David Cormier Nay) the Emergency Preamble was GRANTED. The Finance Committee recommended that the City Council GRANT the communication. Roll Call Vote: 9-0 the communication was GRANTED. ORDERED: By a Roll Call Vote: 9-0 the communication was ADOPTED. Page 7 V. PETITIONS FIRST TIME ON THE AGENDA VI. MATTERS BEFORE CITY COUNCIL VII. CITY OF LEOMINSTER – FINANCIAL REPORT VIII. FINANCE C-54 Dean J. Mazzarella, Mayor: Request that an appropriation of $210,000.00 be made to the Street Resurfacing Expenses-City Funding Expense Account; the same amount to be transferred from the Stabilization Fund. (Finance; Regular Course; 01/25/2021; 2/3 Vote). The Finance Committee recommended that the City Council GRANT the communication. Roll Call Vote: the communication was GRANTED. Ordered: By a Roll Call Vote: 9-0 the order was ADOPTED. IX. LEGAL AFFAIRS 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;01/11/2021;01/25/20251 Public Hearing; January 11, 2021 @ 6:35PM; Public Hearing Continued; 02/08/2021 @ 6:00PM; Further Time; 01/11/2021; 01/25/2021; Pending Referrals ZBA; 2/3 Vote) The Legal Affairs Committee recommended that the City Council give the petition FURTHER TIME. Roll Call Vote: 9-0 the petition was given FURTHER TIME. 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, 01/11/2021, 01/25/2021 Public Hearing; January 11, 2021 @ 6:35PM; Public Hearing Continued; 02/08/2021 @ 6:15PM; Further Time; 01/11/2021; 01/25/2021; Pending Referrals ZBA; 2/3 Vote) The Legal Affairs Committee recommended that the City Council give the petition FURTHER TIME. Roll Call Vote: 9-0 the petition was given FURTHER TIME. Page 8 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, 01/11/2021, 01/25/2021; Public Hearing; January 11, 2021 @ 6:35PM; Public Hearing Continued; 02/08/2021 @ 6:30PM; Further Time; 01/11/2021; 01/25/2021; Pending Referrals ZBA; 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 March 8, 2021 at 6:45PM. Roll Call Vote: 9-0 the petition was given FURTHER TIME. 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 @ 6:35PM; Public Hearing Continued; 02/08/2021 @ 6:45PM; Further Time; 01/11/2021; 01/25/2021; Pending Referrals ZBA; 2/3 Vote) The Legal Affairs Committee recommended that the City Council GRANT the petition as AMENDED. Roll Call Vote: 9-0 the petition as GRANTED AS AMENDED. 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; Majority Vote) Councillor Dombrowski informed the Council that the DPW sent information regarding this petition. It stated concerns about the City becoming the owner of the detention basin listed in the easement. The Council felt it would be appropriate to continue to investigate this further before making a decision. The Legal Affairs Committee recommended that the City Council give the communication FURTHER TIME. Roll Call Vote: 9-0 the petition was given FURTHER TIME. Page 9 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; Further Time 01/11/2021; 01/25/2021; Public Hearing February 8, 2021 @ 6:50PM; 2/3 Vote) RE: Amend Article VI Section 22-34: Special Districts Regulations: Floodplain The Legal Affairs Committee recommended that the City Council give the petition FURTHER TIME and continue the public hearing to March 8, 2021 at 6:40PM. Roll Call Vote: 9-0 the petition was given FURTHER TIME. 33-21 Gail Feckley: Amend Section 13-77, Stop Signs, of the Leominster Municipal Code, by adding a stop sign for southeast bound traffic on Linda Street at Day Street. (Legal Affairs; Regular Course; 01/25/2021, Further Time; 02/08/2021; Public Hearing, February 22, 2021 @ 6:35PM; 2/3 Vote) The Legal Affairs Committee recommended that the City Council give the petition FURTHER TIME. Roll Call Vote: 9-0 the petition was given FURTHER TIME. 34-21 Gail Feckley: Amend Section 13-77, Stop Signs, of the Leominster Municipal Code, by adding a stop sign for northwest bound traffic on Tina Street at Lincoln Street. (Legal Affairs; Regular Course; 01/25/2021; Further Time 02/08/2021; Public Hearing, February 22, 2021 @ 6:40PM; 2/3 Vote) The Legal Affairs Committee recommended that the City Council give the petition FURTHER TIME. Roll Call Vote: 9-0 the petition was given FURTHER TIME. 35-21 Gail Feckley: Amend Section 13-77, Stop Signs, of the Leominster Municipal Code, by adding a stop sign for southwest bound traffic on Tina Street at Linda Street. (Legal Affairs; Regular Course; 01/25/2021; Further Time 02/08/2021; Public Hearing, February 22, 2021 @ 6:45PM; 2/3 Vote) The Legal Affairs Committee recommended that the City Council give the petition FURTHER TIME. Roll Call Vote: 9-0 the petition was given FURTHER TIME. Page 10 X. PUBLIC SERVICE 36-21 National Grid and Verizon: Request to locate poles, wires, and fixtures, including the necessary sustaining and protecting fixtures, along and across the following public way: Hill St - National Grid to install 1 JO Pole on Hill St beginning at a point approximately 675 feet south of the centerline of the intersection of Lowe St and continuing approximately 16 feet in a western direction. Installing a new pole #27-84 with an anchor roughly 27' (feet) from existing pole #27 to allow for the anchor to set approximately 5' (feet) away using a sidewalk fixture to stay in the public way. Pole #27-84 is to help prevent pole #27 from leaning too far over. (Public Service; Regular Course; 01/25/2021; Further Time; 02/08/2021; Public Hearing: February 22, 2021 at 6:30PM; Majority Vote). The Public Service Committee recommended that the City Council give the petition FURTHER TIME. Councillor David Cormier abstained from the vote due to a possible conflict of interest. Roll Call Vote: 8-0-1 (Councillor David Cormier abstained) the petition was given FURTHER TIME. XI. WAYS & MEANS Subcommittee report relative to the position of Assistant City Clerk Councillor Feckley announced that the Ways and Means Committee narrowed down the candidates for the Assistant City Clerk position to the following three: 1. Christina Ellis 2. Lila Fernandez 3. Dianne Reardon She also informed the City Council that a Special Meeting would be held on Wednesday, February 10, 2021, via teleconference, to conduct the interviews of the finalist with the Council as a Whole. Page 11 XII. NEW BUSINESS XIII. OLD BUSINESS Councillor Dombrowski established a Legal Affairs Subcommittee meeting for February 18, 2021 at 6:00PM for the remaining Zoning Ordinance petitions. He also requested that the City Clerk email questions on his behalf to the City Solicitor for petition 29-21. He also requested that the City Clerk email Elizabeth Wood, Planning and Economic Director, to ask her to research the status of the HOA and where it stands relative to the petition. XIV. COMMUNITY CALENDAR XV. ADJOURNMENT The meeting adjourned at 8:30PM. - Katelyn Huffman, City Clerk Page 12