City Council

Council President Councillors-at-Large David R. Cormier Todd M. Deacon Council Vice President Claire M. Freda Pauline M. Cormier Susan Chalifoux Zephir Thomas F. Ardinger Ward Councillors Ward 1 – William A. Brady 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 JANUARY 10, 2022 JOHN P. MAHAN CITY COUNCIL CHAMBERS PUBLIC HEARING 6:40 PM 18-22 Keolis Commuter Services, LLC, on behalf of the MBTA: Requests Request a Flammable Liquids License for four (4) standard certified double wall steel 1,000 g volume propane tanks at 163 Pioneer Drive. (Legal Affairs; Regular Course 12/13/2021; Public Hearing 01/10/2022 at 6:40 PM; REFERRALS IN: Health Department; REFERRALS OUT: Fire Dept.; Majority Vote) The public hearing was opened at 6:40 PM. Councillor Angelini read the letter from the Fire Chief. There were no questions from the Council or the public. Councillor Bodanza informed the Council that after reading the referral from the Fire Chief, it was determined that a license with the City Council was unnecessary. The public hearing was closed at 6:43 PM. PUBLIC HEARING 6:45 PM 21-22 Julio Ramos, Traffic Officer Leominster Police Department, requests to amend Chapter 13, Section 13-24 of the Revised Ordinance entitled "No Parking on Certain Streets" to be amended by inserting the following text: Mount Pleasant Ave., easterly side, from a point beginning at 20 feet from the intersection with Mechanic Street to a point of 760 feet from the intersection with Pine Street. RE: Firefighting vehicles inability to maneuver with parking on both sides. (Legal Affairs; Regular Course 12/13/2021; Public Hearing: January 10, 2022 at 6:45 PM; REFERRALS IN: Traffic; REFERRALS OUT: Fire Dept.; 2/3 Vote) The public hearing was opened at 6:45 PM. Councillor Pauline Cormier spoke with the Police Chief and she visited Mt. Pleasant Avenue at different times during the week. She added that there are temporary “no parking” signs up right now. When visiting she observed many cars parked along the side of the street and concluded that it was very tight and unsafe to navigate. She agrees that something needs to be done. Councillor Brady added that, with additional restaurants opening up, the landlords on Mt. Pleasant Ave. need to provide ample parking for their residents. Employees of the restaurants are parking there. Also, the police have begun towing vehicles. The public hearing was closed at 6:50 PM. PUBLIC HEARING 6:50 PM 20-22 Elizabeth Wood (on Behalf of the Planning Board) requests to amend the zoning ordinance pertaining to the parking of unregistered vehicles. RE: Overflow lots (Legal Affairs; Regular Course 06/14/2021; Public Hearing; January 10, 2022 @ 6:50PM; REFERRALS IN: Planning Director; REFERRALS OUT: Building Inspector(delayed), Zoning Board of Appeals; 2/3 Vote) Page 2  The public hearing was opened at 6:50 PM. Councillor Angelini read the referrals from the Planning Board and License Commission. Councillor Bodanza would like to hear from the Building Inspector before moving on this petition. He would like to see the pre-existing, non-conforming use list also. The License Commission piece of this may need to be a separate petition. Councillor Brady attended the License Commission meeting this evening. There was a resident before the license commission that brought up online sales, so this may be something else we have to consider. Council President David Cormier stated that if there is an issue with pre-existing, non-conforming use, a list would be good to have. He would also like the Building Commission to speak on enforcement. The public hearing was closed at 7:00 PM. 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 7:02 PM. With no one speaking, the public forum was closed at 7:03 PM. I. REGULAR MEETING OF THE CITY COUNCIL, 7:00 P.M. II. ROLL CALL OF COUNCILLORS IN ATTENDANCE PRESENT: Council President David Cormier, Council Vice-President Pauline Cormier, Councillor Bodanza, Councillor Ardinger, Councillor Angelini, Councillor Brady, Councillor Chalifoux Zephir, Councillor Deacon, Councillor Freda. Page 3 III. APPROVAL OF RECORDS - December 13, 2021 Councillor Freda asked that under Community Calendar there is a typo saying “wished him sell” instead of “wished him well” - January 3, 2022 SPECIAL - January 3, 2022 Reorganizational Councillor Freda wanted the minutes changed to reflect that her comment was regarding the election of two years as President of the Council. Also, she has been on the Council for 28 years but in the last 8 years has not been asked for her vote. A motion was made by Councillor Bodanza, seconded by Councillor Pauline Cormier, to go into recess at 7:02 PM. The Council came out of recess and back in session at 7:03 PM. Councillor Freda made a point of order about a vote on setting the continued public hearing for 20-22 during the public hearing. The City Clerk clarified that it can be done either at the public hearing or the Legal Affairs portion of the agenda. IV. COMMUNICATIONS FROM THE MAYOR C-43 Dean J. Mazzarella, Mayor: Requests an appropriation of $45,000.00 be made to the Collective Bargaining Expense Account; the same amount to be transferred from the Stabilization Fund. RE: Police Dept. sick leave and vacation leave payouts (Finance; Regular Course 1/10/2022; 2/3 Vote) This Communication was given REGULAR COURSE. C-44 Dean J. Mazzarella: Requests an appropriation of $250,000.00 be made to the Fire Department Overtime Account; the same amount to be transferred from the Stabilization Fund. RE: Fire Department Overtime (Finance; Regular Course 1/10/2022; 2/3 Vote) This Communication was given REGULAR COURSE. Page 4 V. PETITIONS FIRST TIME ON THE AGENDA 24-22 Elizabeth Wood (on Behalf of the Planning Board) requests to amend the zoning ordinance pertaining to Performance Guarantees for Site Plans. RE: To ensure that all conditions of approval, issued by the Planning Board for Site Plan, are completed. (Legal Affairs; Regular Course 01/10/2022; Public Hearing; January 24, 2022 @ 6:50PM; 2/3 Vote) This petition was given REGULAR COURSE. The Public Hearing was set for January 24, 2022 at 6:50 PM with a vote of 9-0. VI. MATTERS BEFORE THE CITY COUNCIL - VII. FINANCIAL REPORT – STAB FUND BAL - $16,666,576.93 Councillor Bodanza spoke with the Comptroller’s Office and was notified that Schedule A was uploaded to the Department of Revenue and the free cash certification is in process. VIII. FINANCE C-40 Dean J. Mazzarella,, Mayor: Requests an appropriation of $14,000.00 to be transferred from the Recreation Capital Account to the State Park Capital Project Fund. RE: Funding Skate Park Project (Finance; Regular Course 12/13/2021; Majority Vote) Councillor Bodanza spoke on how there are no final costs for this project as of yet. This is to put encumbered money into the Skate Park Capital Account. There may be more funds needed for a parking area. Councillor Freda supports the skate park and has no problem transferring the encumbered money. She feels that Judy Sumner and the Comptroller should be in front of the Council. She spoke about the cost of cameras when many parks and recreation areas in the City Page 5  do not have cameras. She feels there should be a discussion about the parking lot and how this adds too much money for the project. She added that there could be fundraising to assist with the cost of a parking area. Councillor Freda requested that the Recreation Director and Comptroller be part of the discussion. Councillor Bodanza stated that the gravel lot may be the option. If a discussion needs to happen, possibly the Mayor and Judy Sumner should give the update. The Finance Committee recommended that the City Council GRANT this communication. Vote by roll call of 8-0-1 (Councillor Brady abstained due to a possible conflict of interest) the communication was GRANTED. ORDERED: By a roll call vote of 8-0-1 (Councillor Brady abstained) this order was ADOPTED. C-41 Dean J. Mazzarella, Mayor: Requests an appropriation of $126,405.00 be made to the Purchasing Contracted Services Line; the same to be transferred from the Stabilization Fund. RE: To demolish two structures that are unsafe located on Birch Street and Lincoln Terrace (Finance; Regular Course 12/13/2021; 2/3 Vote) Councillor Bodanza said that this is the deficit of the money that was already passed and the actual amount for demolition. He added that the City owns the Birch Street property and there is a tax taking in process on the Lincoln Terrace property. Councillor Pauline Cormier added that Lincoln Terrace is a health hazard. Councillor Angelini said that these two structures need to be razed as soon as possible. Councillor Freda asked if there was CDBG money attached to Birch Street that will be lost money. Councillor Bodanza said that yes, that money will be lost. The Finance Committee recommended that the City Council GRANT this communication. Vote by roll call of 9-0 this communication was GRANTED. Page 6  ORDERED: By a roll call vote of 9-0 this order was ADOPTED. C-42 Dean J. Mazzarella, Mayor: Requests approval of $550,000.00 for the purchase of 253 Legate Hill Rd; the same amount to be transferred from the Stabilization Fund. RE: To exercise the right of first refusal for 253 Legate Hill Rd. (Finance; Regular Course 01/03/2022; 2/3 Vote) Councillor Bodanza spoke of the history of this land. Councillor Angelini disagreed with the Conservation Agent and noted that there is a wetland area that abuts this land. He supports granting this petition. Councillor Freda spoke with Mr. Xarras, who confirmed he is the developer that made an offer on this land. He said this would be four buildable lots and there are no sewer hookups. The Council voted against purchasing Central Street land for $350,000. The structure on the property will need to be torn down. She understands the neighbors would like to have it vacant, but what happens if it is a park or a dog park. There should be a long and hard look at spending $550,000 on this land. She is not in support of this and feels this is a lot of money. Councillor Chalifoux Zephir agreed that this is a lot of money. She is usually in favor of open space. She would like to see a plan as to how this parcel would be used. This is using taxpayer money with no plans regarding what to do with the property. Councillor Brady was under the impression that this particular lot had great historical meaning. Councillor Ardinger added that he is always in favor of open space. He agrees that $550,000 is a lot of money and he would like to get more information on this purchase. Council President David Cormier stated that tomorrow is the deadline for this to be voted on. Councillor Bodanza added that this is an expenditure converting money to land. He explained the history of the Legate Hill area. It is Page 7  clear that the property has a historical aspect to it. The City wants to control what happens to this property. Councillor Angelini added that he was not involved in the Central Street property vote. He also stated that it is not about today, but what the land will be worth in the future and the protection of this land. Councillor Freda loved the history lesson. She added that Legate Hill should have been preserved before it was ever developed. She also added that we received this request very late, judging by the dates on when the process began. She feels this is a stretch on a half million dollars and taking the house down will only add to the money needed. Councillor Chalifoux Zephir added that this request began in October, with no plan or specifics. She is happy to support a planned purchase but it is hard to support without information. The Finance Committee recommended that the City Council GRANT this communication. Vote by roll call of 6-3 (Councillor Brady, Councillor, Councillor Chalifoux Zephir, and Councillor Freda NAY) this communication was GRANTED. ORDERED: By a roll call vote of 6-3 (Councillor Brady, Councillor, Councillor Chalifoux Zephir, and Councillor Freda NAY) this order was ADOPTED. 22-22 Greg C. Chapdelaine, Purchasing Agent: Request to enter a five-year contract for Police Public Safety Equipment. (Finance; Regular Course; 12/13/2021; Majority Vote) Councillor Bodanza stated that the Police Department entered into a three-year contract. City Council approval is not needed, so recommends LEAVE TO WITHDRAW WITHOUT PREJUDICE. This petition was granted LEAVE TO WITHDRAW WITHOUT PREJUDICE with a vote of 9-0. 23-22 Greg C. Chapdelaine, Purchasing Agent: Request to enter a five-year contract for Police Public Safety Software. (Finance; Regular Course; 12/13/2021; Majority Vote) Councillor Bodanza read a letter from the Purchasing Agent in favor of this petition. Page 8  The Finance Committee recommended that the City Council GRANT this petition. This petition was GRANTED with a vote of 9-0. IX. LEGAL AFFAIRS 18-22 Keolis Commuter Services, LLC, on behalf of the MBTA: Requests Request a Flammable Liquids License for four (4) standard certified double wall steel 1,000 g volume propane tanks at 163 Pioneer Drive. (Legal Affairs; Regular Course 12/13/2021; Public Hearing 01/10/2022 at 6:40 PM; REFERRALS IN: Health Department; REFERRALS OUT: Fire Dept.; Majority Vote) The Legal Affairs committee recommends LEAVE TO WITHDRAW WITHOUT PREJUDICE for this petition, as it is not required. This petition was granted LEAVE TO WITHDRAW, with a vote of 9-0. 20-22 Elizabeth Wood (on Behalf of the Planning Board) requests to amend the zoning ordinance pertaining to the parking of unregistered vehicles. RE: Overflow lots (Legal Affairs; Regular Course 06/14/2021; Public Hearing; January 10, 2022 @ 6:50PM; REFERRALS IN: Planning Director; REFERRALS OUT: Building Inspector, Zoning Board of Appeals; 2/3 Vote) The Legal Affairs Committee recommended FURTHER TIME and to set a public hearing for February 14, 2022 at 6:50 PM, by a vote of 9- 0. 21-22 Julio Ramos, Traffic Officer Leominster Police Department, requests to amend Chapter 13, Section 13-24 of the Revised Ordinance entitled "No Parking on Certain Streets" to be amended by inserting the following text: Mount Pleasant Ave., easterly side, from a point beginning at 20 feet from the intersection with Mechanic Street to a point of 760 feet from the intersection with Pine Street. RE: Firefighting vehicles inability to maneuver with parking on both sides. Page 9  (Legal Affairs; Regular Course 12/13/2021; Public Hearing: January 10, 2022 at 6:45 PM) The Legal Affairs Committee recommended passage of this petition. A vote was taken and the petition was GRANTED with a vote of 9-0. X. NEW BUSINESS Councillor Freda asked for clarification on petition 18-22 and why Council approval is not needed. Councillor Angelini explained that the amount of flammable liquid requires a permit from the Fire Department and not a license from the Council. Council Vice-President Pauline Cormier informed the Council that Stephen Madaus of Mirrick O’Connell will remain the City Council’s Legal Counsel for 2022. XI. OLD BUSINESS Second Reading of an Ordinance 16-22 Council Vice-President David Cormier requests to amend Chapter 13, Division 2, Prohibited Parking, Section 13-34 entitled "No Parking on Certain Streets" by deleting in its entirety: "Crescent Knoll (north side) from Lancaster Street, a distance of 50 feet west. (Legal Affairs; Regular Course 11/08/2021; REFERRALS IN: Traffic; Public Hearing 11/22/2021 at 6:48 PM. 2/3 Vote) The Legal Affairs Committee recommended that the City Council ADOPT the second reading of this petition. Roll Call Vote: 9-0 the second reading was ADOPTED. XII. COMMUNITY CALENDAR XIII. ADJOURNMENT A motion was made by Councillor Bodanza, seconded by Council Vice-President Pauline Cormier, to adjourn the meeting at 8:00 PM, with a vote of 9-0. Page 10 - Katelyn Huffman, City Clerk Page 11