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, MARCH 8, 2021 JOHN P. MAHAN CITY COUNCIL CHAMBERS The City Council meeting on March 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 (669) 224-3412 and enter the following code 215-490-341 (Please note: the call in number and code are different than the call in number and code from the last meeting conducted on February 22, 2021). The meeting will begin promptly at 5:55 PM on Monday, March 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. INTERVIEWS, 5:55 P.M Dean J. Mazzarella, Mayor: Request the appointment of Nicholas Preville, to the Board of Appeals, Alternate Member, Term to Expire 04/15/2022. (Ways & Means; Regular Course: 02/22/2021; Interview 03/08/2021; Majority Vote) Councillor Feckley introduced Nicholas Preville. Mr. Preville addressed the Council stating that he is a lifelong Leominster resident with relatives that served the City of Leominster. He has a landscaping business in the City. He has a Business Management degree from Fitchburg State University and he took some Political Science classes. He added that he has read 120 pages of the Leominster Zoning Ordinance. Councillor Freda stated that it made sense that Mr. Preville would want to serve the City with his family background. Councillor Dombrowski added that he feels Mr. Preville will be a solid addition to the Board of Appeals.  Councillor Pauline Cormier stated that she is very fortunate to count Mr. Preville as a part of the Ward 2 community. Councillor Feckley will recommend Mr. Preville’s appointment later in the meeting. Dean J. Mazzarella, Mayor: Request the appointment of Lori Nelson, to the Cultural Commission, term to expire 04/15/2024. (Ways & Means; Regular Course: 02/22/2021; Interview 03/08/2021; Majority Vote) Councillor Feckley introduced Lori Nelson. Lori addressed the Council with her qualifications as a seasoned professional who grew up in Holden and is an artist and a poet. She would like to tap into the diverse cultures in Leominster. She has many ideas to add to the Community. Councillors Feckley, Freda and Dombrowski feel she will be a great addition to the Cultural Council. CONTINUED PUBLIC HEARING, 6:00 P.M. 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; Continued Public Hearing March 8, 2021 at 6:00 pm; Majority Vote) RE: Civil service removal of police chief and captain. The Continued Public Hearing opened at 6:12 PM Mayor Dean J. Mazzarella addressed the Council about the process that has occurred thus far regarding this legislative change. He spoke of the merits of civil service and the negotiations with the Police Department and Union. He feels what is best for the City is the upper management of the Police Department to be removed from Civil Service. He explained the use of Page 2 Assessment Centers. He also spoke highly of the quality of Leominster Police Department members. Councillor Dombrowski asked if we were to adopt this how it would be codified? Also, will the City Council need to confirm the appointment? Brian Maser, legal counsel, stated that a traditional appointment of Chief under Civil Service would not need a confirmation vote from the City Council. Per charter, however, without Civil Service, as a department head, the Chief position would need Council approval. Councillor Dombrowski clarified that the hiring of a Police Chief would go through an Assessment Center. Brian Maser replied that there is a Memorandum of Understanding between the City and the Union and this action was endorsed by the Superior Officers. After all the steps, once the City begins the hiring for Chief position, the City would enter into a vendor agreement to conduct interviews, etc, which would be spelled out in the contract. It is a thorough, albeit time- consuming process. The negotiated agreement sets criteria for the position. Councillor Dombrowski stated that Civil Service governs this process and asked what the requirement of the assessment center will be based on. Brian Maser stated that there is a Memorandum of Understanding (MOU). This allows the City to establish criteria. Councillor Dombrowski outlined how hiring would work without Civil Service. He asked if it was possible to get back to Civil Service if we decided to do that. Brian Maser answered that the City would have to repeal the Act after negotiations. Councillor Chalifoux Zephir asked how many communities have recently done this? Brian Maser answered that he did not know the number of communities. He added that Marlborough recently has done this. He also stated that if it hasn’t already been done, it is happening more frequently. Councillor Chalifoux Zephir asked for clarification as to whether this change will apply to just the Police Chief and not the Captain? Brian Maser answered that this would apply to both positions. Page 3 Councillor Chalifoux Zephir requested clarification that the changes were covered by the Memorandum of Understanding. Dan Prioetti, Superior Officers Union Rep, explained how the conversations went regarding these two positions. Brian Maser added that, per the charter, appointments are subject to council confirmation. Councillor David Cormier spoke on the history of Civil Service. He wants assurance the Chief can do his job without politics getting involved. Aaron Kennedy, Acting Police Chief, stated that he doesn’t feel like the department or the position will feel any different without Civil Service. After the recess, Councillor Freda stated, that there are a lot of questions that need answers regarding this communication. Mayor Mazzarella stated that, if we were to stay in civil service, there would be a statewide list that the mayor can pick from. Councillor Freda has reservations and feels like we might be moving too fast. She brought up a report from 1999 and the recommendations that were done. She would like to see another study done. Councillor Angelini thanked everyone for a job well done. Councillor Chalifoux Zephir looked on the mass.gov site and found that 32 out of 351 communities have removed civil service. She feels there is lots of information on both sides and many questions remain. Brian Maser said that he is familiar with this list. The list of 32 are the towns that have removed their entire police department out of civil service. Councillor Chalifoux Zephir asked for a list of departments that have removed Chiefs/Captains out of civil service. Brian Maser replied that he will look for that list. Dan Prioetti stated that Framingham, Fitchburg, Marlborough and Gardner are in the process of doing this. Brian Maser spoke on the cities that have the Chief remaining in civil service. Councillor Dombrowski stated that he was ready to close the public hearing. Page 4  Councillor Chalifoux Zephir stated her desire to continue the public hearing. Mayor Mazzarella suggested that a Special Meeting take place Monday night regarding this communication. He would like to get the questions sent to him and also have a couple of police chiefs that are removed from Civil Service speak. Councillor Dombrowski asked three times if any member of the public wanted to speak for or against. The public hearing was continued until March 15, 2021 at 6:15 PM. PUBLIC HEARING, 6:30 P.M. C-59 Dean J. Mazzarella, Mayor: Request that the City Council review and accept the proposed Intermunicipal Agreement between the City of Leominster and Town of Lancaster for the Provision of Water Service. (Legal Affairs; Regular Course; 02/22/2021; Public Hearing; March 8, 2021 at 6:30PM; Pending Referrals; Mayor, Majority Vote) The Public Hearing opened at 7:45 PM. Councillor Dombrowski presented this request and stated that the Water Department was in favor of this. Councillor Chalifoux Zephir mentioned that the documentation refers to “exhibit 1” yet it was not attached. She asked about the rates and which reservoir the water was coming from. Councillor David Cormier stated that he has no questions on the agreement. Councillor Freda asked why we went from an Intermunicipal Agreement from a Memorandum of Understanding. Councillor Angelini said that the water is coming from the high system, making it quite easy to pump water from one reservoir to another. Council President Bodanza added that November 23, 2020 the agreement was approved with a vote of 9-0. Councillor Dombrowski asked if there were any other concerns. Councillor Freda added that Johnny Appleseed Lane can hook up to water with this agreement. There will be a shut off at the town line, which is incorporated into this agreement. Page 5  Councillor Dombrowski asked three times for any questions or comments. No one spoke. He views the re-affirmation as good for the city and put on the agenda for March 15, 2021 at 6:00 PM. Councillor Angelini asked the Clerk if she could get Exhibit 1. CONTINUED PUBLIC HEARING, 6:33 P.M. 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; 02/22/2021; Public Hearing: February 22, 2021 at 6:30PM; Continued Public Hearing; March 8, 2021 @ 6:33PM; Majority Vote). The Public Hearing opened at 8:07 PM. Councillor Freda spoke about the neighborhood concerns. National Grid is working with the neighborhood. Mark Tappley from National Grid spoke about replacing the pole with a high class pole and engineering study to make sure the pole is safe. This petition will be withdrawn and if a new petition is needed, he will apply for a hearing and submit the paperwork. Councillor Freda asked three times for questions or comments. She declared the hearing closed. PUBLIC HEARING, 6:34 P.M. 38-21 National Grid: Request to locate poles, wires, and fixtures, including the necessary and protecting fixtures, along and across the following public way: Marshall St - National Grid to install one (1) SO Pole on Marshall Street beginning at a point approximately 960' feet northwest of the centerline of the intersection of Main St and continuing approximately 15' Page 6  feet in a southwest direction. Install 1 sole owned pole with an anchor and transformer to be used to provide service to the MBTA. (Public Service; Regular Course 02/22/2021; Public Hearing: March 8, 2021 @ 6:34PM; Majority Vote) The Public Hearing opened at 8:07 PM. Mark Tapply from National Grid spoke about the MBTA that requested service from this pole. They are interested in placing a pole on the edge of their property. Councillor Freda asked three times for questions or comments. No one spoke. She declared the hearing closed at 8:09 PM PUBLIC HEARING, 6:35 P.M. 40-21 David R. Cormier, Ward 3 Councillor: Request to install a stop sign on Lincoln Terrace against northbound drivers at Graham Street. (Legal Affairs; Regular Course; 02/22/2021; Public Hearing: March 8, 2021 at 6:35PM; 2/3 Vote) Public Hearing was opened at 8:09 PM. Councillor David Cormier stated that he has been waiting for a less busy agenda to come forward with these stop sign requests. Councillor Freda asked Councillor David Cormier if neighbors are all OK with stop signs. Councillor Dombrowski asked three times if anyone wanted to speak for or against. No one spoke. Councillor Dombrowski declared the hearing closed at 8:13 PM. PUBLIC HEARING, 6:36 P.M. 41-21 David R. Cormier, Ward 3 Councillor: Request to install a stop sign on Hardy Drive against northbound drivers at Union Street. (Legal Affairs; Regular Course; 02/22/2021; Public Hearing: March 8, 2021 at 6:36PM; 2/3 Vote) Public Hearing opened at 8:13 PM. Councillor Dombrowski asked for three times if anyone wanted to speak for or against this petition. No one spoke. Page 7  Councillor Dombrowski declared the hearing closed at 8:15 PM. PUBLIC HEARING, 6:37 P.M. 42-21 David R. Cormier, Ward 3, Councillor: Request to install a stop sign on Hardy Drive against westbound drivers at Pleasant Street. (Legal Affairs; Regular Course; 02/22/2021; Public Hearing: March 8, 2021 at 6:37PM; 2/3 Vote) Public Hearing opened at 8:15 PM. Councillor Dombrowski asked three times if anyone wanted to speak for or against this petition. No one spoke. Councillor Dombrowski declared the hearing closed at 8:17 PM. PUBLIC HEARING, 6:38 P.M. 43-21 David R. Cormier, Ward 3 Cocunillor: Request to install a stop sign on Francis Street against southeast bound drivers at Willard Street. (Legal Affairs; Regular Course; 02/22/2021; Public Hearing: March 8, 2021 at 6:38PM; 2/3 Vote) Public Hearing opened at 8:17 PM. Councillor Dombrowski asked three times if anyone wanted to speak for or against this petition. No one spoke. Councillor Dombrowski declared the hearing closed at 8:18 PM. PUBLIC HEARING, 6:39 P.M. 44-21 David R. Cormier, Ward 3 Councillor: Request to install a stop sign on Tucker Drive against eastbound drivers at New Lancaster Road. (Legal Affairs; Regular Course; 02/22/2021; Public Hearing: March 8, 2021 at 6:39PM; 2/3 Vote) Public Hearing opened at 8:18 PM. Page 8  Councillor Dombrowski asked three times if anyone wanted to speak for or against this petition. No one spoke. Councillor Dombrowski declared the hearing closed at 8:20 PM. CONTINUED PUBLIC HEARING, 6:40 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 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; Public Hearing Continued; 03/08/2021 @ 6:45PM; Further Time; 01/11/2021; 01/25/2021;02/08/2021;02/22/2021; 2/3 Vote) Public Hearing opened at 8:20 PM. Councillor Dombrowski suggested this request go to subcommittee with a clean copy for edits or wait for the first reading of an ordinance. Councillor Chalifoux Zephir and Councillor David Cormier echoed the Chair’s decision. Councillor Dombrowski asked three times if anyone wanted to speak for or against. No one spoke. Councillor Dombrowski closed the public hearing at 8:26 PM and recommended passage. CONTINUED PUBLIC HEARING, 6:45 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; Public Hearing Continued; 03/08/2021 @ 6:45PM; Further Time; 01/11/2021; 01/25/2021;02/08/2021;02/22/2021; 2/3 Vote) Public Hearing opened at 8:26 PM. Elizabeth Wood, Planning and Development Director, tried to make the solar ordinance more user friendly. The goal is to minimize redundancy in the current ordinance. Special permit and site plan approval is included. Page 9  Councillor Chalifoux Zephir asked if the table of usage was the only change. Councillor David Cormier asked how this amendment will differ from what people can do now. Elizabeth Wood informed the council that, at this point, there are many requirements for a residential site. We are trying to make it more user friendly. The process will be easier, but approval from the Planning Board is still required. Councillor David Cormier asked what criteria the Planning Board would use to determine the use of solar panels. Elizabeth Wood replied that there is still an 8 foot fence and a setback requirement. Nothing has changed for the requirements, it is a re- organization of the ordinance. Councillor David Cormier stated the currently you cannot put ground mounted solar in residential neighborhoods. Council President Bodanza stated that there are a lot of language changes to a very long ordinance. If someone wants ground-mounted panels they require engineered plans. If a homeowner applies, then they will only need a plan from a solar panel installer, which could create problems. This will take some study. He felt unprepared to vote on this tonight. Councillor Dombrowski asked three times if anyone wished to speak for or against. No one spoke. Councillor Dombrowski stated that this request should go to subcommittee to go through all the changes. Councillor Chalifoux Zephir and Councillor David Cormier agreed. Councillor Dombrowski closed the hearing at 8:41 PM and scheduled a subcommittee meeting for March 17, 2021. 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 Page 10  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. Nastasia Sticklor, 114 Blossom Street, spoke on the excitement of seeing this on the agenda. She feels this is a community-led collaborative process. We have done research. She proposed putting a letter to the community to show what a Human Rights Commission might look like. Emily Bredberg, 28 Icehouse Road, is also excited about this Commission and has worked on this proposal. Council President Bodanza asked three times for questions or comments. He declared the public forum closed. I. THE REGULAR MEETING OF THE CITY COUNCIL, OPENED AT 7:00 P.M. II. ROLL CALL OF COUNCILLORS IN ATTENDANCE PRESENT: Mark Bodanza, President; Peter Angelini, David Cormier, Pauling Cormier, Claire Freda, Susan Chalifoux Zephir, John Dombrowski, Thomas Ardinger, Gail Feckley, Vice President. OTHERS PRESENT: Katelyn Huffman, City Clerk; Dianne M. Reardon, Assistant City Clerk. III. APPROVAL OF RECORDS PRESENTED BY THE VICE PRESIDENT • February 22, 2021 A motion was made by Councillor David Cormier, seconded by Councillor Susan Chalifoux Zephir, to accept the minutes of February 22, 2021. The motion was passed with a roll call vote of 9-0. A motion was made by Councillor David Cormer and seconded by Councillor Chalifoux Zephir to recess. The motion was passed with a roll call vote of 9-0. Page 11  The Regular Meeting reconvened at 8:45 PM. IV. COMMUNICATIONS FROM THE MAYOR ORDERS C-61 Dean J. Mazzarella, Mayor: Request that an appropriation of $5,500.00 be made to the Police Salary & Wages Account. RE: To authorize the establishment of a new captain supervisory position submitted subsequent to the submission of the Annual Budget. (Finance; Regular Course; 03/08/2021; 2/3 Vote) A motion was made by Councillor David Cormier and seconded by Councillor Pauline Cormier, to amend the Communication to read “the same amount to be transferred from the Stabilization Fund.” The motion was granted by a roll call vote of 9-0. Council President Bodanza referred this to Finance, and it was given Regular Course. COMMUNICATIONS C-60 Dean J. Mazzarella, Mayor: Request that the attached Loan Order be adopted. Ordered that $1,101,116 is appropriated, in addition to the $11,294,000 previously appropriated by vote of the council on February 24, 2020, for the purpose of financing costs of an aeration basin and secondary clarifier upgrade project. (Finance; Regular Course; 03/08/2021; Public Hearing 03/22/2021 at 6:45 PM, Majority Vote) Council President Bodanza referred this to Finance, and it was given Regular Course. A motion as made by Councillor Angelini, seconded by Councillor Pauline Cormier, to schedule a public hearing on March 22, 2021 at 6:45 PM. Roll call vote: 9-0. The Public Hearing was set. C-63 Dean J. Mazzarella, Mayor: Request that the City Council establish the creation of a Human Rights Commission for the City of Leominster. (Legal Affairs; Regular Course; 03/08/2021; Majority Vote) Council President Bodanza referred this request to Legal Affairs. Regular Course. V. PETITIONS FIRST TIME ON THE AGENDA Page 12 45-21 Gregory C. Chapdelaine, Purchasing Agent: Request to enter a five-year contract for Personal Property Collection and Valuation Services. (Finance; Regular Course; 03/08/2021; Majority Vote) Council President Bodanza referred this petition to Finance, and it was given Regular Course. 46-21 Gregory C. Chapdelaine, Purchasing Agent: Request to enter a five-year contract for Certification of Real Estate Values Services. (Finance; Regular Course; 03/08/2021; Majority Vote) Council President Bodanza referred this petition to Finance, and it was given Regular Course. 47-21 The Botanist, 1775 Lock Drive: Request change of use of 1775 Lock Drive from a Registered Medical Marijuana Dispensary to an adult use Marijuana Facility engaged exclusively in product manufacturing on site. (Legal Affairs; Regular Course; 03/08/2022; Public Hearing; March 22, 2021 at 6:30PM; Majority Vote) Council President Bodanza referred this petition to Legal Affairs, and it was given Regular Course. Referrals to Economic Development, Planning Board Director, Building Inspector. A motion was made by Councillor Dombrowski, seconded by Councillor David Cormier, to schedule a Public Hearing on March 22, 2021 at 6:30 PM. The motion was granted by a roll call vote of 8-0-1 (Angelini abstained) PETITIONS FIRST TIME ON THE AGENDA, CONTINUED 48-21 ECO ATM LLC: Request to renew license to deal secondhand articles at 11 Jungle Road (Walmart #2964). (Ways & Means; Regular Course; 03/08/2021; Majority Vote) Council President Bodanza referred this petition to Ways and Means, and it was granted Regular Course. It was noted that all referrals are in. 49-21 Deghan Inc. DBA Hannoush Jewlers: Request to renew license to deal secondhand articles at 100 Commercial Road (Mall at Whitney Field). (Ways & Means; Regular Course; 03/08/2021; Majority Vote) Page 13  Council President Bodanza referred this petition to Ways and Means, and it was granted Regular Course. It was noted that all referrals are in. 50-21 Diane Amidon, on behalf of Upscale Consignmint: request to renew license to deal secondhand articles at 875 Merriam Avenue St. 131. (Ways & Means; Regular Course; 03/08/2021; Majority Vote) Council President Bodanza referred this petition to Ways and Means, and it was granted Regular Course. It was noted that all referrals are in. 51-21 Everything Cute, Inc. DBA Cutiques: Request to renew license to deal secondhand articles at 37 Mechanic Street, 2nd Floor (Ways & Means; Regular Course; 03/08/2021; Majority Vote) Council President Bodanza referred this petition to Ways and Means, and it was granted Regular Course. It was noted that all referrals are in. 52-21 Everything Cute, Inc. DBA Cutie Patuties: request to renew license to deal secondhand articles at 1021 Central Street. (Ways & Means; Regular Course; 03/08/2021; Majority Vote) Council President Bodanza referred this petition to Ways and Means, and it was granted Regular Course. It was noted that all referrals are in. 53-21 Mason Investments Inc.: Renew Bowling Alley License for Mason Bowling Center located at 640 North Main Street. (Ways & Means; Regular Course; 03/08/2021; Majority Vote) Council President Bodanza referred this petition to Ways and Means, and it was granted Regular Course. It was noted that all referrals are in. 54-21 Christopher Rivard: Request to renew Transient Vendor License. (Ways & Means; Regular Course; 03/08/2021; Majority Vote) Council President Bodanza referred this petition to Ways and Means, and it was granted Regular Course. It was noted that all referrals are in. Page 14 VI. MATTERS BEFORE CITY COUNCIL VII. CITY OF LEOMINSTER – FINANCIAL REPORT THE BALANCE OF THE STABILIZATION FUND WAS $17,706,274.98 VIII. FINANCE C-58 Dean J. Mazzarella, Mayor: Request that an appropriation of $22,500.00 be made to the Election and Registration Capital Outlay Expense Account; the same amount to be transferred from the Stabilization Fund. (Finance; Regular Course: 02/22/2021; 2/3 Vote) RE: Purchase of 15 Electronic Poll Pads. Councillor David Cormier read a letter from the City Clerk. A motion was made by Councillor Angelini, seconded by Councillor Pauline Cormier, for the adoption of the Order. Roll call vote was 9- 0. The Communication was ADOPTED. The Finance Committee recommended that the City Council GRANT the communication. Roll call vote was 9-0 and the Communication was GRANTED. IX. LEGAL AFFAIRS 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 @ 6:35PM; Public Hearing Continued; 02/08/2021 @ 6:00PM; Further Time; 01/11/2021; 01/25/2021;02/08/2021; 2/3 Vote) The Legal Affairs Committee recommended that the City Council grant the petition Further Time. Roll call vote was 9-0. The petition was granted FURTHER TIME. 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; Public Page 15  Hearing Continued; 03/08/2021 @ 6:45PM; Further Time; 01/11/2021; 01/25/2021;02/08/2021;02/22/2021; 2/3 Vote) The Legal Affairs Committee recommended that the City Council grant the petition Further Time. Roll call vote was 9-0. The petition was granted FURTHER TIME. 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 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; Public Hearing Continued; 03/08/2021 @ 6:45PM; Further Time; 01/11/2021; 01/25/2021;02/08/2021;02/22/2021; 2/3 Vote) The Legal Affairs Committee recommended that the City Council GRANT the petition. Roll call vote was 9-0. The petition was GRANTED. 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; Continued Public Hearing March 8, 2021 at 6:00 pm; Majority Vote) RE: Civil service removal of police chief and captain. The Legal Affairs Committee recommended that the City Council grant the Communication Further Time and that it be placed on the special agenda for the Special Meeting of the City Council on March 15, 2021 at 6:15 PM. Roll call vote was 9-0 and the communication was given further time and the public hearing was set. Page 16 LEGAL AFFAIRS, CONTINUED C-59 Dean J. Mazzarella, Mayor: Request that the City Council review and accept the proposed Intermunicipal Agreement between the City of Leominster and Town of Lancaster for the Provision of Water Service. (Legal Affairs; Regular Course; 02/22/2021; Public Hearing; March 8, 2021 at 6:30PM; Pending Referrals; Mayor, Majority Vote) The Legal Affairs Committee recommended that the City Council grant the Communication Further Time and that it be placed on the special agenda for the Special Meeting of the City Council on March 15, 2021 at 6:00 PM. Roll call vote was 9-0 and the communication was given further time and the public hearing was set. 40-21 David R. Cormier, Ward 3 Councillor: Request to install a stop sign on Lincoln Terrace against northbound drivers at Graham Street. (Legal Affairs; Regular Course; 02/22/2021; Public Hearing: March 8, 2021 at 6:35PM; Pending Referrals: Traffic; 2/3 Vote) The Legal Affairs Committee recommended that the City Council grant the request for a stop sign. The motion was granted by a roll call vote of 9-0. 41-21 David R. Cormier, Ward 3 Councillor: Request to install a stop sign on Hardy Drive against northbound drivers at Union Street. (Legal Affairs; Regular Course; 02/22/2021; Public Hearing: March 8, 2021 at 6:36PM; Pending Referrals: Traffic; 2/3 Vote) The Legal Affairs Committee recommended that the City Council grant the request for a stop sign. The motion was granted by a roll call vote of 9-0. 42-21 David R. Cormier, Ward 3, Councillor: Request to install a stop sign on Hardy Drive against westbound drivers at Pleasant Street. (Legal Affairs; Regular Course; 02/22/2021; Public Hearing: March 8, 2021 at 6:37PM; Pending Referrals: Traffic; 2/3 Vote) The Legal Affairs Committee recommended that the City Council grant the request for a stop sign. The motion was granted by a roll call vote of 9-0. 43-21 David R. Cormier, Ward 3 Councillor: Request to install a stop sign on Francis Street against southeast bound drivers at Willard Street. (Legal Page 17  Affairs; Regular Course; 02/22/2021; Public Hearing: March 8, 2021 at 6:38PM; Pending Referrals: Traffic; 2/3 Vote) The Legal Affairs Committee recommended that the City Council grant the request for a stop sign. The motion was granted by a roll call vote of 9-0. 44-21 David R. Cormier, Ward 3 Councillor: Request to install a stop sign on Tucker Drive against eastbound drivers at New Lancaster Road. (Legal Affairs; Regular Course; 02/22/2021; Public Hearing: March 8, 2021 at 6:39PM; Pending Referrals: Traffic; 2/3 Vote) The Legal Affairs Committee recommended that the City Council grant the request for a stop sign. The motion was granted by a roll call vote of 9-0. 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; 02/22/2021; Public Hearing: February 22, 2021 at 6:30PM; Continued Public Hearing; March 8, 2021 @ 6:33PM; Majority Vote). The Public Service Committee recommended that the City Council grant the petition leave to withdraw without prejudice. Roll call vote was 8-0-1 (Councillor David Cormier abstained due to possible conflict of interest). The petition was GRANTED LEAVE TO WITHDRAW WITHOUT PREJUDICE. 38-21 National Grid: Request to locate poles, wires, and fixtures, including the necessary and protecting fixtures, along and across the following public way: Marshall St - National Grid to install one (1) SO Pole on Marshall Street beginning at a point approximately 960' feet northwest of the centerline of the intersection of Main St and continuing approximately 15' feet in a southwest direction. Install 1 sole owned pole with an anchor and transformer to be used to provide service to the MBTA. (Public Service; Page 18  Regular Course 02/22/2021; Public Hearing: March 8, 2021 @ 6:34PM; Majority Vote) The Public Service Committee recommended that the City Council GRANT the petition. Roll call vote was 9-0. The petition was GRANTED. XI. CITY PROPERTY 39-21 Richard M. Marchand: Request to Close off the following City streets and City property in downtown Leominster to host the 28th Annual Johnny Appleseed Arts and Cultural Festival. The festival will take place on Saturday, September 25th, 2021 with a rain date of Saturday, October 2nd, 2021. • West Street from School Street to Main Street. • Park Street from West Street intersection in the Church Street vicinity to Main Street. • The City Hall Parking Lot. • The City parking lot adjacent to the City Hall located off West Street. • The City parking lot (defined spaces) located between the First Baptist Church and the First Church Unitarian. • Church Street from Merriam Avenue to West Street. (The section of Church Street to be closed off is still available with an altered egress pattern for public safety vehicles and business). The time of closure requested is from six o’clock in the morning until seven o’clock in the evening. (City Property; Regular Course 02/22/2021; Majority vote) Councillor Angelini stated that all the referrals are in and various members of the council voiced their delight at this being the 28th year of the Johnny Appleseed Festival. The City Property Committee recommended that the City Council GRANT the petition. Roll call vote was 9-0. The petition was GRANTED. XII. WAYS & MEANS Page 19  Dean J. Mazzarella, Mayor: Request the appointment of Nicholas Preville, to the Board of Appeals, Alternate Member, Term to Expire 04/15/2022. (Ways & Means; Regular Course: 02/22/2021; Majority Vote) The Ways and Means Committee recommended the appointment of Nicholas Preville to the Board of Appeals as an Alternate Member. The appointment was CONFIRMED by a roll call vote of 9-0. Dean J. Mazzarella, Mayor: Request the appointment of Lori Nelson, to the Cultural Commission, term to expire 04/15/2024. (Ways & Means; Regular Course: 02/22/2021; Majority Vote) The Ways and Means Committee recommended the appointment of Lori Nelson to the Cultural Council. The appointment was CONFIRMED by a roll call vote of 9-0. 37-21 Susan Chalifoux Zephir, on behalf of Ginny's Helping Hand, Inc: Request to renew license to deal secondhand articles at 52 Mechanic Street. (Ways & Means; Regular Course; 02/22/2021, Majority Vote) The Ways and Means Committee recommended the City Council renew the license for Ginny’s Helping Hand, Inc. The motion was GRANTED by a roll call vote of 8-0-1 (Councillor Chalifoux Zephir abstained) XIII. NEW BUSINESS First Reading of an Ordinance 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; Public Hearing Continued; 02/08/2021 @ 6:00PM; Further Time; 01/11/2021; 01/25/2021;02/08/2021; 2/3 Vote) The Legal Affairs Committee recommended the City Council adopt the first reading of the ordinance. The roll call vote was 9-0 and was ADOPTED. 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 at 6:35PM; 2/3 Vote) Page 20  The Legal Affairs Committee recommended that the City Council adopt the first reading of the ordinance. The vote was taken by roll call and the motion was ADOPTED by a roll call vote of 9-0. 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 at 6:40PM; 2/3 Vote) The Legal Affairs Committee recommended that the City Council adopt the first reading of the ordinance. The vote was taken by roll call and the motion was ADOPTED by a roll call vote of 9-0. 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 at 6:45PM; 2/3 Vote) The Legal Affairs Committee recommended that the City Council adopt the first reading of the ordinance. The vote was taken by roll call and the motion was ADOPTED by a roll call vote of 9-0. XIV. OLD BUSINESS Second Reading of an Ordinance 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; GRANTED 02/08/2021; First Reading of Ordinance 02/22/2021;2/3 Vote) The Legal Affairs Committee recommended that the City Council adopt the second reading of the ordinance. The vote was taken by roll call and the motion was ADOPTED by a roll call vote of 9-0. Page 21  5-19 Veteran’s Parking Sign – Previous Ordinance Update. The City Clerk read an update, per city solicitor, that this ordinance is not enforceable. Councillor Freda felt this wasn’t written to be enforceable, but rather would be considered a courtesy. The City Clerk will reach out to the Department of Public Works. XV. COMMUNITY CALENDAR There will be an Executive Session on March 22, 2021 at 6:00 pm with the city solicitor, in regards to litigation updates. Councillor Freda feels this is advantageous to all councillors. Councillor Dombrowski scheduled the Legal Affairs Subcommittee meeting to Wednesday, March 17th at 5:30 PM. The next scheduled City Council meeting is scheduled for Monday, March 22, 2021 at 6:00 PM. - List Special Meeting, March 15, 2021 at 6:00 PM. XVI. ADJOURNMENT - Katelyn Huffman, City Clerk A motion was made by Councillor Ardinger, seconded by Councillor David Cormier, to adjourn the meeting. The motion was granted by a roll call vote of 9-0. The meeting adjourned at 9:42 PM. Page 22