City Council

Council President Councillors-at-Large Mark C. Bodanza John Dombrowski Council Vice President Claire M. Freda David R. Cormier Susan Chalifoux Zephir Thomas F. Ardinger Ward Councillors Ward 1 – Vacant 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 SEPTEMBER 27, 2021 JOHN P. MAHAN CITY COUNCIL CHAMBERS OPEN SPACE COMMITTEE PRESENTATION, 6:35 PM Open Space Plan – Judith Sumner Judith Sumner, Dick O’Brien, and Karen Chapman presented the Open Space Plan. This plan will need to be ready by November 1st. Karen Chapman introduced Connie Breed, Miguel Guzman, and Wendy Wiiks, who assisted in producing this plan. Dick O’Brien wanted to point out the primary value of this Open Space Plan being to make the City of Leominster eligible for grants. Karen Chapman spoke on the surveys. Councillor Chalifoux Zephir asked if the plan will be on the website. Ms. Sumner said that it is currently on the Recreation Facebook page and will check on the website. She also thanked her Committee for their time and assistance. Councillor Chalifoux Zephir thanked them for their great work. She agrees there should be an Open Space Committee. Councillor Freda asked if there was any discussion on doing the Community Preservation Act. OPEN SPACE COMMITTEE (CONTINUED) Dick O’Brien said that the match you get now is considerably less than it was in the past. He explained the communities that have the CPA (Community Preservation Act). He added that this would take a broader discussion. Councillor Angelini asked about the recreational trails grant application and if it was ever applied for. Dick O’Brien stated that there is still time to apply for it and they haven’t decided whether they will. He explained the change in the grant application process.. Ms. Sumner spoke about the project to compile maps of all the trails and how this could be online also. Councillor Angelini asked about a discussion a few months ago of a stewardship grant with land handled by the Conservation Commission. Dick O’Brien answered that this parcel of land connects with the larger trail system and could be quite useful. He spoke with emergency management personnel regarding the time to get through trails at Monoosnoc. He feels the trails should be upgraded for emergency vehicle use. Councillor Angelini said he would like to see the Fire Department get involved in maintaining these trails. Ms. Sumner is working on a trail vision and would like a Trails Commission. Councillor Angelini stated his appreciation of the volunteers. Councillor Ardinger asked about a trail system that would encircle the City as a vision from several years ago. Dick O’Brien stated that this has been his vision for 30 years now. He spoke on the DCR ownership of some land near the Nashua River and how useful this land could be. Councillor Ardinger asked how many committee/commissions the Recreation Commission was looking for. Page 2 OPEN SPACE COMMITTEE (CONTINUED) Ms. Sumer replied two: Open Space Commission and Trails Commission. PUBLIC HEARING, (CONTINUED) 6:45 PM 75-21 Elizabeth Wood (on behalf of the Planning Board) requests to amend the zoning ordinance pertaining to the regulation of dumpster location and screening. (Legal Affairs; Regular Course 06/14/2021; Public Hearing; July 12, 2021 @ 6:50PM; REFERRALS OUT: Board of Appeals, Building Inspectors; Planning Board; Continued Public Hearing: 08/23/2021 at 6:45 PM and 09/27/2021 at 6:50 PM; 2/3 Vote) The public hearing opened at 7:01PM. Councillor Dombrowski read the zoning ordinance. John Souza, Planning Board Chairperson, represented the Planning Board. John Souza spoke on individual situations with dumpsters and the inability of the truck to get to the dumpster. This issue keeps popping up now and then so they decided to amend the ordinance. Councillor Dombrowski addressed all the changes that were proposed from 6/7/2021 and 9/21/2021. Councillor Chalifoux Zephir inquired about the dumpsters being accessible for service 24 hours a day. Mr. Souza explained that this can be waived in the site plan, if necessary. He would like this to be in the ordinance, however, so in situations of three shifts working, it can be a possibility. Councillor David Cormier asked if this ordinance would be enforced moving forward. Mr. Souza answered yes, the previous projects would be grandfathered, but this amended ordinance would be enforced on new projects. Councillor Chalifoux Zephir asked about an existing business changing their dumpster, would they have to follow the new ordinance. Page 3  Mr. Souza answered that only if they are adding 10,000 sq ft or 10 parking spaces which would trigger Site Plan review or a special permitting process PUBLIC HEARING, (CONTINUED) 6:45 PM Councillor Angelini spoke on the response from the Building Commissioner/officer. He spoke on how this boils down to enforcement. If we pass this ordinance change, we need to make sure it is enforced. Councillor Ardinger asked if multi-unit housing was impacted. Mr. Souza replied that housing has different regulations. The planning board could include this in the plans. Councillor Ardinger asked about dumpsters on sidewalks. Mr. Souza said that the zoning enforcement officer can address that. Council President Bodanza added that the provision relative to markings on the dumpsters is vague and discussed thepossibility to amend the language to ensure the company name and contact phone number are clearly marked. Councillor Dombrowski requested a cleaner version of the ordinance amendment to circulate to the council and to continue the public hearing. The public hearing was continued to October 12, 2021 at 5:55PM. 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. The public forum was opened at 7:26 PM. With no one speaking, the public forum was closed at 7:27 PM. Page 4 I. REGULAR MEETING OF THE CITY COUNCIL, 7:00 P.M. The regular meeting of the City Council opened at 7:00PM. Councillor Chlifoux Zephir made a motion to recess. Councillor Pauline Comier seconded the motion. The Council went into recess at 7:01PM. The regular meeting reconvened at 7:27PM II. ROLL CALL OF COUNCILLORS IN ATTENDANCE PRESENT: Council President Bodanza; Council Vice-President David Cormier; Councillor Pauline Cormier; Councillor Ardinger; Councillor Angelini; Councillor Chalifoux Zephir; Councillor Dombrowski; Councillor Freda; City Clerk Katelyn Huffman; and Assistant City Clerk, Dianne Reardon. III. APPROVAL OF RECORDS - September 13, 2021 - The minutes were approved and placed on file. IV. COMMUNICATIONS FROM THE MAYOR APPOINTMENTS: Dean J. Mazzarella, Mayor: Requests the appointment of Michael Cichy of 270 Hill St., to the Conservation Commission, term to expire April 15, 2024. (Ways and Means; Regular Course 09/27/2021; Interview 10/12/2021 @ 6:00 PM; Majority Vote) This appointment was given REGULAR COURSE with an interview scheduled for 10/12/2021 at 6:00 PM. Dean J. Mazzarella, Mayor: Requests the appointment of Richard Gullick of 151 Old Farm Rd., to the Conservation Commission, term to expire April 15, 2024. (Ways and Means; Regular Course 09/27/2021; Interview 10/12/2021 @ 6:05 PM; Majority Vote) This appointment was given REGULAR COURSE with an interview scheduled for 10/12/2021 at 6:05 PM. Dean J. Mazzarella, Mayor: Requests the appointment of Kenneth Ridlon of 514 West St., to the Conservation Commission, term to expire April 15, 2024. (Ways and Means; Regular Course 09/27/2021; Interview 10/12/2021 @ 6:10 PM; Majority Vote). Page 5  This appointment was given REGULAR COURSE with an interview scheduled for 10/12/2021 at 6:10 PM. Councillor Freda requested a resume for Mr. Ridlon. COMMUNICATIONS FROM THE MAYOR (CONTINUED) COMMUNICATIONS: C-14 Dean J. Mazzarella, Mayor: Requests that Mark Moge be exempt from the provisions of MGL Chapter 268A, (20B) Conflict of Interest. RE: City of Leominster employee and tennis coach for Leominster High School (Ways and Means; Regular Course 09/27/2021; Majority Vote) Councillor Freda asked for clarity on this exemption. This was given REGULAR COURSE. ORDERS: EMERGENCY PREAMBLE C-18 Dean J. Mazzarella, Mayor: Requests that an appropriation of $375,788.00 be made to the Police Department Equipment Expense Account; the same amount to be transferred from the Stabilization Fund. Required in-service training: $325,788.00 Equipment $ 50,000.00 $375,788.00 (Finance; Regular Course 09/27/2021; 2/3 Vote) Council Vice-President David Cormier spoke on this training needing to be done sooner than later, which is the reason for the Emergency Preamble. Councillor Chalifoux Zephir pointed out the Chief’s letter being dated August 18th and why it took so long to come to the Council as an emergency preamble. A roll call vote was taken and it was voted: 7—1 (Cocuncillor Chalifoux Zephir NAY) in favor of GRANTING the Emergency Preamble. Page 6  The Finance Committee recommended that the City Council GRANT the communication. A roll call vote was taken and it was GRANTED with a vote of 8-0. ORDERED: By a Roll Call Vote of 8-0 the order was ADOPTED. COMMUNICATIONS FROM THE MAYOR (CONTINUED) C-19 Dean J. Mazzarella, Mayor: Requests the City Council to accept Cares Act Phase III. RE: Covid Funds Phase III (Ways and Means; Regular Course 09/27/2021; Majority Vote) This communication was given regular course. C-20 Dean J. Mazzarella, Mayor: Requests to appropriate $100,000 for the purchase of a new brush truck for the Leominster Fire Department; the same amount to be transferred from the Stabilization Fund. RE: 10% match on FEMA grant (Finance; Regular Course 09/27/2021; 2/3 Vote) This communication was given regular course. C-21 Dean J. Mazzarella, Mayor: Requests to appropriate $2,909.09 for purchase of facepieces related to SCBA (self-contained breathing apparatus) for every firefighter; the same amount to be transferred from the Stabilization Fund. RE: 10% match on FEMA grant (Finance; Regular Course 09/27/2021; 2/3 Vote) This communication was given regular course. C-22 Dean J. Mazzarella, Mayor: Requests to appropriate $224,700.00 for the bank stabilization project, located adjacent to the treatment plant near the Leominster Connector; the same amount to be transferred from the Stabilization Fund. RE: 25% match to a previously received MEMA hazard mitigation grant. (Finance; Regular Course 09/27/2021; 2/3 Vote) Page 7  This communication was given regular course. COMMUNICATIONS FROM THE MAYOR (CONTINUED) C-23 Dean J. Mazzarella, Mayor: Requests to appropriate $55,875.00 to continue the Monoosnoc Brook Wall replacement project; the same amount to be transferred from the Stabilization Fund. RE: Required 33% match for MVP (Municipal Vulnerability Preparedness) grant. (Finance; Regular Course 09/27/2021; 2/3 Vote) This communication was given regular course. V. PETITIONS FIRST TIME ON THE AGENDA 09-22 Verizon New England, Inc. requests permission to lay and maintain underground conduits and handholes, with the wires and cables to be placed therein, under the surface of the following public way or ways: MOUNT PLEASANT AVENUE: Place two (2) four (4) inch conduits on Mount Pleasant Avenue beginning at Manhole 72A, located on the northerly side of Mechanic Street, and running in a southerly direction down Mount Pleasant Avenue a distance of approximately two hundred forty-one (241) feet to a point, and then westerly to the westerly side of Mount Pleasant Avenue. MOUNT PLEASANT AVENUE: Place one (1) four (4) inch conduit on Mount Pleasant Avenue beginning at Pole T.3, located on the easterly side of Mount Pleasant Avenue, and running in a northwesterly direction along Mount Pleasant Avenue a distance of approximately one hundred twenty (120) feet to a point on the westerly side of Mount Pleasant Avenue. HOWE STREET: Place one (1) four (4) inch conduit on Howe Street beginning at Pole T.2, located on the northerly side of Howe Street, and running in a westerly direction down Howe Street a distance of approximately two hundred nine (209) feet to the westerly side of Mount Pleasant Avenue. REASON: Place conduit to provide for the distribution of intelligence and telecommunications. Page 8  (Public Service; Regular Course; 09/27/2021; Public Hearing 10/12/2021 at 6:45 PM; Majority Vote) This petition was given regular course. The public hearing was set by a vote of 7-0-1 (D. Cormier abstaining) for October 12, 2021, at 6:45 PM. PETITIONS FIRST TIME ON THE AGENDA (CONTINUED) 10-22 Revolutionary Clinics II, Inc., seeks a Special Permit from the Leominster City Council to operate a recreational marijuana establishment use at 130 Pioneer Drive in Leominster in accordance with Zoning Ordinance Chapter 22, Article 18, Marijuana Facilities, Section 22-105. (Legal Affairs; Regular Course; 09/27/2021; REFERRALS OUT: Planning; Bldg Insp; Police; BOH; Mayor’s Office; Public Hearing; October 25, 2021 at 6:15 PM) This petition was given regular course, with referrals from Planning; Building Inspector; Police; Board of Health; Mayor’s Office. The public hearing was set by a vote of 7-0-1 (S. Chalifoux Zephir abstaining) for October 25, 2021, at 6:15 PM. VI. MATTERS BEFORE THE CITY COUNCIL VII. FINANCIAL REPORT – BALANCE $19,026,325.55 VIII. FINANCE C-16 Dean J. Mazzarella, Mayor: Requests to AMEND Appropriation C-03 to state an appropriation of $220,534.00 be made to the School Department Expense Account; the same amount to be raised by Fiscal Year 2022 E- Rate Revenue. (Finance; Regular Course 9/13/2020; Majority Vote) Council Vice-President David Cormier spoke to Jennifer Reddington regarding how this amount was the correct amount and not the C-03 amount that was requested earlier this fiscal year. The Finance Committee recommended that the City Council GRANT this communication. Vote 8-0 the communication was GRANTED. Page 9  ORDERED: By a roll call vote of 8-0 this order was ADOPTED. FINANCE (CONTINUED) C-17 Dean J. Mazzarella: Requests that an appropriation of $4,350.00 be made to the Conservation Department Expense Account; the same amount to be transferred from the Stabilization Fund. (Finance; Regular Course 9/13/2020; 2/3 Vote) Council Vice-President David Cormier explained that this money is for minutes that need to be placed on file. The Finance Committee recommended that the City Council GRANT this communication. Vote 8-0 the communication was GRANTED. ORDERED: By a roll call vote of 8-0 this order was ADOPTED. IX. LEGAL AFFAIRS 75-21 Elizabeth Wood (on behalf of the Planning Board) requests to amend the zoning ordinance pertaining to the regulation of dumpster location and screening. (Legal Affairs; Regular Course 06/14/2021; Public Hearing; July 12, 2021 @ 6:50PM; REFERRALS OUT: Board of Appeals, Building Inspectors; Planning Board; Continued Public Hearing: 08/23/2021 at 6:45 PM; 2/3 Vote). The continued public hearing was voted 8-0 and set for October 12, 2021 at 5:55 PM. X. WAYS AND MEANS Request to sign the Election Order for the November 2, 2021, Municipal Election. (Ways and Means; Regular Course 09/13/2021; Majority Vote) Page 10  Councillor Freda read the Election Order. She asked about possible additional postings. The City Clerk will investigate her request. The Ways and Means Committee recommended that the City Council CONFIRM this action. A roll call vote of 8-0 and the action was CONFIRMED. XI. NEW BUSINESS First Reading of an Ordinance: 06-22 City Council Vice-President David R. Cormier: Request to Amend Chapter 13, Article 3, Division 2, Section 13-34 (no parking on certain streets) and add the following: RE: Tucker Drive both sides from the intersection of Francis Street for 200 feet. (Legal Affairs; Regular Course 07/12/2021; Public Hearing; September 13, 2021 @ 6:50 PM; REFERRALS IN: Building; Traffic; 2/3 Vote) The Legal Affairs Committee recommended that the City Council ADOPT the first reading of this petition. Roll Call Vote: 8-0 the first reading was ADOPTED. 07-22 City Council Vice-President David R. Cormier: Request to Amend Chapter 13, Article 3, Division 2, Section 13-34 (no parking on certain streets) and add the following: RE: Francis Street both sides from number 50 to Tucker Drive. (Legal Affairs; Regular Course 07/12/2021; Public Hearing; September 13, 2021 @ 6:51 PM; REFERRALS IN: Building; Traffic; 2/3 Vote) The Legal Affairs Committee recommended that the City Council ADOPT the first reading of this petition. Roll Call Vote: 8-0 the first reading was ADOPTED. XII. OLD BUSINESS Councillor Dombrowski offered for the Police to reach out to him regarding the referral requested from petition 10-22. Councillor Freda mentioned edits in the minutes, which were corrected. Page 11 XIII. COMMUNITY CALENDAR XIV. ADJOURNMENT A motion was made by Councillor Chalifoux Zephir, seconded by Councillor Ardinger, to ADJOURN the meeting at 7:56 PM. The motion was passed 8-0. - Katelyn Huffman, City Clerk Page 12