City Council

Council President Councillors-at-Large David R. Cormier Thomas F. Ardinger Council Vice President Susan Chalifoux-Zephir Pauline M. Cormier Todd M. Deacon Claire M. Freda 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 FEBRUARY 14, 2022 JOHN P. MAHAN CITY COUNCIL CHAMBERS PUBLIC INFORMATION SESSION WITH THE POLICE AND FIRE CHIEF 6:15 PM • Provide the City Council and Public with an update on general operations of each respective department. The Information Session was open at 6:15 PM. Police Chief Aaron Kennedy, Fire Chief Robert Sideleau, and Deputy Fire Chief Craig Long were present at the City Council meeting. Councillor Freda opened the discussion by stating that she requested an update on their respective departments, such as general trends, COVID, military leaves, etc. Chief Sideleau spoke on the need for more overtime funding. There are roughly 80 uniformed members in the Fire Department. This is the same size as the department was in 1970. He spoke on how overtime is necessary to staff all shifts in the department. Overtime has increased since he has been in the department. He explained the ambulance receipts and how this funding helped support the second rescue. He explained the impact of COVID on the department and how it is cyclical, and how the demands change. He added that National Guard members impact the department. He spoke on long-term illness impacts. He explained the Civil Service procedure and said that Leominster does in-house academy. Deputy Long added that the staff is doing a great job, but all the overtime is taking a toll. Chief Sideleau added that ambulance calls had increased dramatically since 1981 (1770 in 1981; predicted 6400 in 2022). He spoke on mental health issues and how the ambulance calls take longer as care has increased. He would love a more extensive workforce. The public information session was paused at 6:34 PM. Page 1 of 35 The public information session was re-opened at 7:22 PM. Councillor Freda stated that she had spoken to the comptroller over the years at budget time. She supported the Mayor on the overtime at the time. The department is cyclical. What would you suggest if you had to project the future for staffing? Chief Sideleau said he would like to be a better dedicated ALS (advanced life support). The City would need to hire paramedics. He added that he would like around 90 members of the department. Councillor Freda asked if there was any statistical analysis for adding more firefighters vs. adding overtime. Chief Sideleau stated that overtime comes and goes, but recently there has been overtime in every shift. He would like to add one person per shift. He said that hiring is a long-term issue and overtime is better when cutting the budget. He spoke on the opioid problems also. Councillor Freda asked about public safety and any talk of COVID bonuses. Chief Sideleau did not know about such bonuses. Councillor Brady asked how long it takes from hiring to training and actively working. Chief Sideleau answered that there are about six weeks of training and then spending the next year doing on-the-job in-service training. Chief Kennedy explained the steps to hiring police officers, with the academy being six months long. He added that the department is very short-staffed at the moment. They have three shifts and are down 12 positions. Chief Sideleau added that between 4-5 people leave per year. Councillor Freda added that no one wants to be an officer anymore. Chief Kennedy spoke on the number of officers. Councillor Ardinger asked if EMS pays for itself. He spoke on the mental health issues of the members of both departments. He asked about the $49/hour rate being the “break- even” rate. Chief Sideleau added that some calls/hidden services from a municipal ambulance service. Councillor Ardinger stated that it is a tough road for police. He asked if there were any transfers within the state. Page 2 of 35 Chief Kennedy said there are no transfers within the state. Councillor Angelini said that some of these fees might be updated in the future. Councillor Chalifoux-Zephir asked about subcontracting the background checks. Chief Kennedy replied that outsourcing the background checks comes with a price. Some detectives are quite thorough with the background checks depending on the caseload. Councillor Chalifoux-Zephir asked if the group of Chiefs could influence the academy at all. Chief Kennedy stated that there are only so many people that run academies. Councillor Chalifoux-Zephir asked if the chiefs could present the issues. Chief Kennedy said there are plans for the future, but these plans are not ready yet. He will look into approaching the issue as a group. The public information session was closed at 7:49 PM. PUBLIC HEARING 6:30 PM • Notice to Appear - 645 Lancaster Street – Flammable Storage Violation (Legal Affairs; Public Hearing: February 14, 2022 @ 6:30 PM) The public hearing with DJV Oil Recycling opened at 6:34 PM. The following public hearing minutes are written verbatim from the video recording by LATV [20:18] Councillor Angelini: This is a hearing for the Legal Affairs Committee regarding 645 Lancaster Street notice to appear on a flammable storage violation. I’m the chairman of the committee my name is Peter Angelini and the other two members of Legal Affairs second member is Councillor Mark Bodanza and the third member is Councillor Pauline Cormier. I would ask you sir to introduce yourself please. Elvis Velez: Sure. My name is Elvis Velez. I am the president and the owner of DJV Oil Recycling. There might be some misunderstanding that I just want to clarify. I step out for like a month or so and you know I had to have someone to take my place and he was able to communicate with the Fire Department but it was with my authority just to clarify. Yes, Elvis Velez I am the president of Oil Recycle. Councillor Angelini: Alright Mr. Velez, well thank you for joining us this evening. Mr. Velez: Thank you for the opportunity. Page 3 of 35 Councillor Angelini: I’m going to at this time read into the record the report that we received from the fire department on the incident and then I will read the response from the gentlemen of your company. This report is dated January 11, 2022, it states responded to assist engine 2 when they requested additional resources. Upon arrival a spill of food grade cooking oil was observed on the ground. The spill was estimated at 50 gallons. The spill had happened while transferring the oil from the building for recycling. Upon my arrival the company had already responded with a vacuum truck and was cleaning the oil. Diking had taken place to prevent the oil from going onto the main road and booms were also set up. I contacted the DEP and was informed that a reportable quantity for this spill type was 55 gallons. The DEP would contact the company to ensure cleanup was complete. The DPW was also on scene and planned on spreading sand on completion of the cleanup. It says below company was Peterson Oil Company Worcester Operator was Brian Mayot trailer MA66162. Then I have a response from – Cocunillor David Cormier: Mr. Chairman there’s also another portion below that as well from the original report. If you could read that. Councillor Angelini: You are correct Mr. President my apologies. Engine 2 was dispatched arrived and investigated a reported oil spill in the roadway at 646 Lancaster Street. Upon arrival a tanker truck was in front of the property with a 600 square foot pool of food grade waste oil in the driveway abutting the street. Peterson Oil service had already contacted a vacuum truck for cleanup. It was working prior to our arrival. The Leominster police department was on scene providing traffic control as the speedy dry and booms were partially in the roadway. Initially I called for M4 to bring supplemental damming, diking and supplies. However, none was required. C-3 arrived and contacted DEP for confirmation for proper reporting while I collected information from the driver, his truck and his trailer. A DPW supervisor arrived to assess and said that a sander would be by in an hour or so to provide better traction for motorists. Then we have a response from a Mr. Juan Castillo president of DJV Oil Recycling Inc 645 Lancaster Street, Leominster. Good afternoon Mr. John and thanks for stopping by. On January 11, 2022 on 12 in the afternoon DJV Oil was loading the materials into the Peterson truck. The truck take around 3000 GA gallons. The truck have an aluminum container. The driver from Peterson and one of the DJV Oil Recycling employees were filling Peterson truck with approximately 2600 gallons of used cooking oil they took they eyes off for a second and the truck off to fill I’m sorry and lead to spill approximately 50 gallons of used cook oil Peterson employees and DJV took action clean up with instant spill absorber with an EP minerals absorbent. We also use Chemtex BW5104 absorbent booms. Oil absorbent booms are designed to contain and absorb oil spills on the surface of water. 5 inch diameter booms are used to contain and absorb oil spills on retention ponds or still water. Oil absorbent boom sections are linked together attaching snap hooks to O-rings on the end of each oil absorbent boom. The interior of the attaching snap hook to O-rings on the end of each boom. The interior of attach wait a minute excuse me lets see here. The interior of the spill cleaned up by using oil absorbent pads, rolls, and sweeps we usually put Page 4 of 35 the absorbent booms around the hose just in case of any emergency we also keep a kit of absorbent booms and instant oil absorbent sand in case of any emergency outside. We also keep on every door we use to load and unload the material and in parenthesis also thanks for the information to upgrade the permit above 10,000 GA will be waiting for the application please contact me directly anytime you have additional questions or requests. Mr. Velez I just have a few questions and then I’m gonna ask members of my committee as well if they have any questions give me one second. Bear with me for one minute. Let’s see if we can go from memory. So you weren’t president when this happened? Mr. Velez: Uh, no I had an emergency December 15. Councillor Angelini: I see, do you know who put the 50 gallon number by any chance? Mr. Velez: Ah, yes it basically ah everytime ah, we work is uhm, you know we have Peterson to come whenever we have follow up but on that day he said you know we have a truck is no we don’t have an empty truck we have a truck with a capacity of 3000 gallons usually what I ask my guys my worker is to send a list a 500 list its what they require to be in a safe place. So we have two containers each one of them was 3,000 gallons so this container on the bottom, sorry, 1500 gallon, 1500 gallon, both of them 3,000 gallons, on the bottom they will always always hold 200 gallons so the container wall they have like 1300 gallons each one of them, plus ah you know the two so ah, we make sure what we have on both containers and we send that. So the number come with the two containers that we have with two picture there is the one from Peterson that had came they took a picture and they’ve and they were able to see that on that day we even were able to send you know like let me see do you have a pen that you can use a pencil yes sure okay so each one of them has uh 1400 gallon so on the bottom is about 200 gallons one of them I don’t remember the number but you know we were able to take picture of Peterson they have the picture so we were not able to send even the three thousand gallon that they said that they had the capacity so number one the first thing that I want to say I take full responsibility of what happened there I don’t send I don’t throw any responsibility to anybody we are 100% responsible but the drive make a big mistake you know he said that he had capacity for three thousand gallon we didn’t even send 2500 gallons so we come with a number we what we have and what was less in the container at the end. Councillor Angelini: And that was 50 gallons of difference you’re saying? Mr. Velez: Yeah, it was. Councillor Angelini: Well, I have you here and I appreciate you taking responsibility you know that goes a long way with me and appreciate you being here this evening as well. Under our ordinances section 8.1.1 supposed to provide a notice to the council if there’s any spill or an incident and I know you weren’t here but you probably designate an employee and make them aware of that for a future if you’re not there whoever’s managing the facility in your absence should be aware of the parameters of your license and your responsibility. Okay Page 5 of 35 Mr. Velez: Yes. Councillor Angelini: Two let me go to another issue that I’m very concerned about. I noted that there was oil in the road as well right so a reason why - Mr. Velez: It was not on the road but it was close to the road. Councillor Angelini: Well they called the sanding truck from the City so that tells me that there was material in the road. They wouldn’t need the sand truck if it wasn’t very slippery so I’m concerned about children on bicycles right they slip on that and slide into traffic. God forbid. Motorcycles would find that extremely dangerous as well. Mr. Velez: Yeah correct. Councillor Angelini: And motor vehicles as well so keeping that stuff out of the road is very very important and I want to make sure that I make you aware of that as well. The next point I want to raise is do you know what a catch basin is? Mr. Velez: It’s a storm drain they’re called storm drains its in the street and the water foes in when it rains and it takes right. Councillor Angelini: Yeah so the catch basin that’s in front of your facility if material gets in there it discharges directly into the Nashua River the Nashua River is on what’s called the Federal 303 D impaired water budget they have special designation to prevent additional contaminants from entering the Nashua River so I want to make you aware of that as well what’s our way through okay so because here in Leominster we have a stormwater ordinance it’s section 21-75 and one of the conditions that I’m going to as that we add to your license is that you follow the performance standards under this ordinance again 21-75 okay that will ensure that we don’t have any additional do you know if there are any of those catch-basin instructions on your property. Mr. Velez: Let me mention that we were on the way by December 15 we were supposed to implement everything that we planned we were supposed to be already unloading and loading from the back because we you know the whole building has been made a containment area at the same time I brought a picture of this is you know the truck you know in case we have any spill this is a containment that it was to be supposed to be implemented by that time uh the last time that I came here to the meet I said that we were that we’re going to implement something like that that we’re going to unload for them from the back to avoid any of those issues in case we have any spill is go inside nothing outside you know suddenly you know I have a really big bad situation and you know what we were planning to implement it I couldn’t implement it but everything is implemented I have a picture of this id like a spill. It is memory yeah let me see my memory doesn’t work it’s a containment band that is used for big truck the truck go inside and you know if there is any field everything go inside however we are unloading form uh inside the building so we don’t we don’t have to do anything from outside anymore we were supposed to implement it but you know the family issue of it wasn’t implemented at that time so I really Page 6 of 35 apologize we take full responsibility but you know we don’t do anything from outside everything is inside and in case we need it we have that professional, events that are approved by OSHA. Councillor Angelini: So is this containment device at the site now? Mr. Velez: No uh we put it uh when we’re gonna if we need it. But we do it from outside from inside but we put it if we need it and then we take it back so if you see the truck inside the truck go inside the place. Councillor Angelini: Well, I just want to be clear. I just maybe am a little confused because it says we usually put the absorbent booms around the hose just in case of any emergency. Mr. Velez: Yes because when I came here we use some bins outside but I’m realty that’s what we need this is uh the one that you just saw this is the bands the professional you know the truck go inside and you know in case any spill is go here. Before we were using this one that we put it around that was the one that we use you know when we have the accident because we work in the process of implementing these and also loading from the from inside. Councillor Angelini: So when are we going to be in a position where all those containment devices are implemented. Mr. Velez: Is the implemented right now. Mr. Angelini: Its implemented done. Mr. Velez: Yes it is implemented at this time. Councillor Angelini: So do you know I mean you weren’t here but do you know if any of the material made it into the storm drains? Mr. Velez: No nothing nothing no well I I I ca,e they called me I went right away to the place uh I was able to see some of the fire uh you know the fire guys and so I I arrived you know I I was away 100% of the situation you know I you know I spent a couple you know maybe like two hours there and I yes well I Councillor Angelini: So, I guess I mean I I want you to understand just really the gravity of like I said this you know I think maybe I’m going to like 600 square feet of impacted area I was saying it was 50 gallons in the EP the reportable limits of 55 gallons correct. I mean so I’m just I’m just trying to like come to terms with all that. We have that number on my cell phone we have the number uh that he driver said that you know it was the capacity of his truck uh the driver was supposed to go to number one again I take full responsibility you know one of the things that I said to ug my guys you know it doesn’t matter that you were doing your job the driver was supposed to be um you know on the truck on top of the truck the driver was there it is our responsibility nobody else you know i I say that however I Page 7 of 35 have a number that the driver said that he has the capacity and I have a picture of my containers up there so I have you know everything in record in case is needed. Councillor Angelini: All right I am going to go to members of my committee but I just want to know I’m going to make some recommendations I want to try to put a couple additional conditions on the permit on the license so that we make sure that everybody’s protected including the taxpayers here in Leominster and perhaps what I’m looking for is an insurance policy like a million dollars naming the City of Leominster as the indemnified party, its common practice and I don’t want to end this in a situation where we have this problem if we you know god forbid we have another problem I don’t want the taxpayers to end up having to clean it. Mr. Velez: I understand hundred percent we are you know implementing everything I as your plan we are you know loading from inside the place and we you know the whole building has been made a containment area. You know we were supposed to do it before that but sadly yeah. Councillor Angelini: Okay before I do turn it over I just want to say you know and Leominster has a history of being very friendly to business we I think we all want to see businesses come here and employ people and expand, do well we really do, we really want to see you succeed and uh but at the same time we have a responsibility to the taxpayers and everybody else and that’s why we called you in tonight and again I appreciate you coming and at this point Mr. President I’d like to go to members of my committee. Councillor Bodanza? Councillor Bodanza: Yes, thank you Mr. Chairman. Mr. Velez does Juan Castillo have a relationship to DJV OIL Recycling right now? Mr. Velez: Yes he is still uh with us um. You know I I have an a emergency I had to ask him to you know come and take full responsibility of everything they uh he is still uh in DJV yes. Councillor Bodanza: What is his job function and what does he do right now? Mr. Velez: He’s a Chief secretary you know he’s uh he’s when we’re out there he’s the one uh in charge but I’m coming back you know I’m not spending um you know he he he’s the one managing uh the working you know my customer everything but you know I I came back. Councillor Bodanza: He wasn’t every officially elected the president of your corporation? Mr. Velez: I see him okay let me let me explain. On December 15 my daughter have a horrible accident shes still in coma really difficult situation so you know my mind wasn’t you know its not right yet so I need to ask him you know I work with him for so many years I know him so I asked him to take full responsibility on everything. I didn’t know Page 8 of 35 when I was coming back so I asked him to do it but he is still working and now he’s taking a you know a specific role now that I’m coming back. Councillor Bodanza: But he is not an officer of your company? Mr. Velez: Yeah he is an officer. Councillor Bodanza: Right well your articles at the state level don’t reflect that. Mr. Velez: Once again you are correct, I don’t want to make this uh as something that I want to hold to defend in any way you know uh something horrible happened. Councillor Bodanza: Yeah, I understand you had to take quick action and he’s filling in for you. Mr. Velez: Exactly so there is a combo team for example we were supposed to be doing a lot of things the way how we planning everything was planned you know I couldn’t do it so I asked him this is something that were going to be uh correcting. Councillor Bodanza: 61 Fremont Street in Worcester, what’s located there? Mr. Velez: Uh it was the place where we used to be and. Councillor Bodanza: You list that on your articles of organization as the address of your registered agent. Did you do business there at one point? Mr. Velez: Yes. Councillor Bodanza: Who is the landlord there? Who’s the owner of that property. Mr. Velez: It’s Steve. Councillor Bodanza: Okay is that connected to Peterson Oil? Mr. Velez: No not at this moment I don’t need it. I know I have a lot of buyers that you know call me all the time. Councillor Bodanza: Okay well thank you for coming in this evening I appreciate it. Mr. Velez: Thank you so much. Councillor Angelini: Thank you Councillor Bodanza. Councillor Pauline Cormier? Councillor Pauline Cormier: Mr. Velez thank you for coming in. I just have a couple questions. When you spoke about the incident that happened are you saying that the Peterson truck didn’t have the capacity, was it an overfill? Page 9 of 35 Mr. Velez: Yes you know they send me a text message with the capacity I ask them what is the capacity of your truck all the time they say five thousand seven sometimes or whatever at the moment on that day they say we have the capacity for three thousand gallons. When they are right there you know I have the picture I can send you know the picture of you know what we have a the end of the day plus the text message. They didn’t have the capacity. We take full responsibility but they didn’t have capacity you know it is totally our mistake. Councillor Pauline Cormier: Okay no I just wanted to clarify because when I first heard of the incident and I first read about it it sounded like something may have disconnected or somebody just took their eye off of it but what you’re saying is they didn’t have the capacity you expected them to. Mr. Velez: Number one the way the way how it was supposed to uh to be you know the accident it didn’t happen anymore I can’t – Councillor David Cormier: If I can just stop you for one moment its seven o’clock I have to call the meeting to order and then we’ll do a few things of business and we’ll take a recess we’ll come right back to you. The regular meeting of the City Council opened at this point. After regular businesses occurred a motion was made and passed for a recess. The public hearing continued. The minutes herewith are verbatim for the rest of this public hearing. Councillor Pauline Cormier: It was my confusion. I had thought that there was a spill something with the the pumping process, but it was just that there wasn’t enough capacity ands that’s the overflow. Mr. Velez: We didn’t have any issue inside the building it wasn’t any everything worked perfectly you know according to the record the picture the text message you know everything you know it was a mistake sorry from the driver. Councillor Pauline Cormier: And do you have a policy in place something that specifies that when a truck is being pumped out is there another truck driver that is supposed to stay there is someone from your facility supposed to stay there. Mr. Velez: You know it was like it was a couple mistakes. You know sadly the you know the drive {I made and you know I you know I spoke with my guy you know I told him that he is the one when someone go there he is the one in charge 100 percent responsible my my you know my worker he need to be you know managing all you know the equipment inside the driver need to be in his position. He wasn’t there so you know it was my my guy that had to call the guy and say you need to be there look what happened and he closed that’s why we didn’t have ah any issue. So It is our fault, our fault it is, it is not the drivers its our fault because you know my guy you know was to take charge and say you need to be on top of there and close everything but it was a big mistake that we pay the price. Page 10 of 35 Councillor Pauline Cormier: So I am looking at the photo you provided with the truck indoors. Mr. Velez: Yes. Councillor Pauline Cormier: So now you’re going to be doing the pumping from indoors. Mr. Velez: We are doing that already. Councillor Pauline Cormier: Okay. Do you have anything in the building like I see the door open is there any precautions there to keep so if theres a leak in the building its not getting outside? Mr. Velez: Yes, uf for example om the end of the there they right now we put the the spill kit we put it right there however when we when we bring the container inside when we do you know uh the plan that we are planning to do then were gonna put the veins in that is in the whole building the whole building has been in case there is a spill nothing go outside okay. Councillor Pauline Cormier: Okay I have no further questions. Councillor Angelini: Thank you Councillor Cormier. I’ll go to the members of the Council. Councillo Chalifoux-Zephir. Councillor Chalifoux-Zephir: Thank you very much I think this is for Chief Sideleau. The concern about the oil getting into the storm drain, getting into the Nashua River, in this particular situation I was reading Lieutenant Newton’s report and he said that the spill was in the driveway of the abutting street, it doesn’t make any mention of storm drains so routinely at the site of a hazardous spill is that something that the Fire Department would look at immediately to try to identify those storm drains and whether or not anything got into them? Fire Chief Sideleau: Yes, correct. We actually carry these big pads that we can put out over the storm drain or well dyke with either a speed or dry sand or they call them pigs or other booms and now we dyke the storm drain there that’s usually one of our main concerns. Councillor Chalifoux-Zephir: Okay so in this situation do you know if that happened. Fire Chief Sideleau: I’m just sorry from what I’m reading and then I from that day I was involved from Deputy Campagna who was the Deputy that was on scene, was that there was the spill the company was there working on it that it hadn’t gotten out of an area of our concern and the normal procedure is were so DEP is the overseer of the spills so we go for Fire explosion hazard once we determine that that’s not our first concern or simultaneously is then we worry about containing the spill. And that once we contain the spill identify the product contained in the spill and you know no fire explosion has it then we’re a reporter to the DEP. So depending on the chemical the Page 11 of 35 oil the quantity is we would either have them come out as an emergency response or most of the time its over this cell phone well call and report the DEP they call our cellphone of the person on scene. We try to give them a picture of what we see, the information we have and then they make a determination of does it require an emergency response or is it up to the company to do the cleanup and then they have to report to DEP. Councillor Chalifoux-Zephir: Okay that’s really helpful. Do in a situation or another you know example if the whatever the hazardous material was if it did get close to or in a storm drain that would be in the report so someone in the DEP. one of their main concerns is a waterway. Fire Chief Sideleau: Absolutely. Which in this case is like the brook across the street we actually had an incident on that very area and I was Chief was transformers on Mass Electric pole came down and we spread booms in the brook behind the houses on the downwind side that feeds the Nashua River I believe it’s the watershed for the Nashua River in that area. Councillor Chalifoux-Zephir: Okay Good, no thank you that’s helpful. Fire Chief Sideleau: Thank you. Councillor Angelini: Anything else Councillor Chalifoux-Zephir? Councillor Chalifoux-Zephir: Not at the moment thank you. Councillor Angelini: Councillor Ardinger? Councillor Ardinger: Hi just uh to follow up on Councillor Cormier’s questions, I appreciate your being here and taking full responsibility but uh you indicated that you have an employee working with this. You know the driver of the truck, but the driver of the truck is the one that’s responsible for watching the truck the driver. Mr. Velez: The driver is, has to be all the time watching his truck. We are responsible because he was my guy was not supposed to initiate anything until he said that the guy is 100 percent in his position, and if he moved he was supposed to stop everything so that’s why we take full responsibility because you know the guy moved from his position and – Councillor Ardinger: So your guy wasn’t in the right spot? Mr. Velez: No my guy was in the right spot the driver no the drive no. My guy had to send his the guy back it was too late. Okay do you understand what I mean? Councillor Ardinger: Yeah, I do now what is the flow rate when you’re filling those trucks do you know how many gallons per minute of oil is going through there? Page 12 of 35 Mr. Velez: It’s like 300 gallon uh well it depends uh we can go from three to five hundred gallons okay per minute yeah so 50 gallons. Councillor Ardinger: It was literally it was uh seconds huh. Mr. Velez: It was a second boom! Thats it. Councillor Ardinger: Okay. Mr. Velez: that’s it because what happened is you know the guy is really efficient the guy that we have they are really efficient he has a lot of experience so he is everywhere all the time and as soon as he saw something he closed you know everythings that’s right. Okay plus we had the booms around we put the booms up you know at the time we put the booms around so it was able to hold the spills and not go into the other side. Councillor Ardinger: Okay, good now you said that do you currently have your building completely – Mr. Velez: Yes Councillor Ardinger: I guess what isolated so that no oil can expel? Mr. Velez: Yes uh right now we don’t we don’t do it from outside with from inside so we don’t we don’t have an issue plus at the same time we are implementing those you know those vans that are approved by OSHA you know on those one a whole truck or ten thousand gallon can go inside in case something happened it would it wont go to the to the floor and the open garage door that. Councillor Ardinger: in this illustration there is a berm around that on the front of the truck. Mr. Velez: Exactly, exactly okay all right exactly. Councillor Ardinger: No that’s good I mean, its yeah I think you’ve answered my concerns thank you very much. Mr. Velez: Thank you. Councillor Angelini: You all set Councillor Ardinger? Councillor Ardinger: Yes. Councillor Angelini: Councillor Cormier? (In reference to Councillor David Cormier) Councillor David Cormier: Thank you very much I guess I I just have a couple of questions for the Fire Chief. You know obviously your you know your goal is not only to fight fires Page 13 of 35 and but its to prevent things from happening to you know if sounds like a couple of things here you know that we need to condition are that there’ll be an operator near that pump at all times and I know it was a very cold day it was like 11 degrees I don’t know where he was maybe warming up inside or using the bathroom or whatever but you know if somebody was right there as soon as that substance started to bubble they’d have pulled the lever immediately you might have had a gallon on the ground so that’s one of the concerns. Another concern is we got to condition and also to ensure that they’re always pumping in a boomed area is there any other things that come to your mind as being the person that can help to prevent these things in the first place that we should do to ensure it doesn’t happen again. Fire Chief Sideleau: Usually in these incidents on of the biggest – probably the biggest issue is usually human errors. It’s usually offloading and unloading I couldn’t agree more with having the safeguard of having you know it written in the license and I permit that you know the driver of the truck because he knows the operation the best has to be there when loading and unloading you know offloading and loading product a couple is every time you go by a gasoline station and they’re unloading gasoline into the tanks that driver has to be with those trucks and then on simple home heating oil they have the whistle in the vent and the driver has to be there with his hand on the you know while he’s filling, listening to that whistle if he doesn’t hear the whistle he stopes the valve from putting oil in because the whistle only happens if these a vacuum and its pressing the air through the whistle so you know if anything we can do to correct the human error I I believe that’s a great safeguard. Councillor David Cormier: Okay, alright. Mr. Velez: It is part of our policy you know the driver have to be there so it was a human error that happened on that day so is our policy the driver need to be in his position and you know my guy is is the one that need to be to take charge. I spoke with him and talk and said the guy you know this is your position and that never happened before because there is a good communication between you know the driver is [unidentifiable word] you know plus they always give us that you know the correct number on that day I don’t know what happened they didn’t give us the correct number so they said 3,000 it didn’t even take 2,500 so the guy wasn’t in his position I don’t like to draw in anybody on the board uh the bus the bus im sorry for my language you know I I don’t have that its not my personality but you know it is a fact I had to share you know the correct information you know take my full responsibility plus say what happened so the driver was in his position Peterson is aware but we take full responsibility for what happened there. Fire Chief Sideleau: Councillor Cormier you had requested information of all of our spills um through the City Clerk’s office I believe. Councillor David Cormier: Councillor Brady I think did that. Fire Chief Sideleau: Oh, I’m sorry. I missed that. We have spills daily, car accidents we buy pallets of speedy dry were always spreading speedy dry and everything so we have small small quantities on a daily basis from car accidents or um as far as in the industrial Page 14 of 35 type buildings we had three last year um well in the past 12 months was this uh company on Lancaster and then 320 Hamilton Street we have two incidents there on is that building is Foster tech and then there’s a electrical warehouse supply house and a yogurt manufacturing. Yogurt manufacturing, they use an acid in their cleaning products, and they were installing a different type of dispenser system and a worker got some acid in their face in their eye and I’m sorry I thought you were going to say something. Get some acid in there or whatever so we responded over required the state hazmat team to come and we had DEP with an emergency response. Councillor David Cormier: Chief if I may those not that I want to start getting out about other companies but just in general those other companies that you’re speaking of do they have a license for flammables from this body? Fire Chief Sideleau: No no I was just talking about spills. Councillor David Cormier: I want to talk about license that come before this body. You don’t have any on record? Fire Chief Sideleau: No I’m just trying to say what a great job we did. So anyway we had no uhm other reportable spills of an orders for anybody that had a license in the past 12 months. Councillor David Cormier: Okay, thank you. Fire Chief Sideleau: Because yeah because nobody’s reported any to yeah you know since. Councillor Cormier: Are you good? Councillor David Cormier: I’m good thanks. Councillor Angelini: Councillor Chalifoux-Zephir? Councillor Chalifoux-Zephir: Yeah this is for Mr. Velez. You just mentioned that Peterson Oil is aware of the problem are they aware of the reflection on your company and kind of the seriousness of additional conditions that will be put on your license because of their drivers? Mr. Velez: They are aware they their driver make a mistake just that they are aware that they are you know was their driver and you know when the fire department went over there and they saw they would see you know where was the error it was something. Councillor Chalifoux-Zephir: Yeah, my question is really is Peterson Oil aware of the seriousness of the problem and are they doing anything to train their drivers I mean its one thing for you to have your personal training. Page 15 of 35 Mr. Velez: Yes, one of the policies that they have also we have is he driver need to be in his position all the time. And we you know we know that um you know I I unaware that you know is something that they share with the driver to avoid you know that kind of situation. Councillor Chalifoux-Zephir: Thank you. Councillor Angelini: Thank you Councillor Chalifoux-Zephir. Anyone else? [Brief pause]. Okay Mr. Velez let me just if I can finish up here by um the last time you guys werein here you had Mr. Seppi with your consultant Mr. Velez: Yes Councillor Angelini: Sitting next to you when I posed the question to him I asked him if you had a stormwater plan in place a SWPPP its called the stormwater pollution prevention plan, SWPPP. Mr. Velez: Yes Councillor Angelini: Would you provide me with a copy of that because thank you and in light of what happened I know those SWPPPs also include emergency response plan and you identify members of your company who are emergency response members and those teams are supposed to meet quarterly to review the procedures so I just want to id like to see that plan and I’m sure members of the Council would too and then I’d like to see any uh upgrades or any changes to the plan as a result of the incident because all want to learn from our mistakes and we want to improve and we want to see you improve and be successful too. Mr. Velez: Yes thank you so much. Councillor Angelini: You’re welcome. Mr. Chairman at this time without object I’d like to move to close this public hearing. Councillor David Cormier: Okay Councillor Angelini: Alright then thank you very much. Councillor Angelini: Thank you we’ll take this up later in the meeting and see what the committee comes up with for recommendations okay. The public hearing was closed at 7:22 PM. Page 16 of 35 PUBLIC HEARING 6:45 PM 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; Public Hearing Continued; 02/14/2022 @ 6:50PM; Cont to 03/14/2022 at 6:45 PM; 2/3 Vote) The public hearing was opened at 7:49 PM. It was pointed out that the city solicitor has not yet provided the updated ordinance. Also, the Planning Board has not gotten referrals and will not until their March 7, 2022 meeting. Councillor Bodanza added that the public hearing would need to be continued until March 14, 2022. He said that this should not be reconsidered without the city solicitor document. The Legal Affairs Committee recommended FURTHER TIME. The public hearing was closed at 7:52 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; Cont. Public Hearing February 14, 2022 @ 6:50 PM; Cont to 03/14/2022 at 6:50 PM; REFERRALS IN: Planning Director; REFERRALS OUT: Building Inspector, Zoning Board of Appeals; 2/3 Vote) The public hearing was opened at 7:52 PM. It was noted that the public hearing would be set for March 14, 2022. The Legal Affairs Committee recommended FURTHER TIME. The public hearing was closed at 7:59 PM. PUBLIC FORUM, 6:55 P.M. Page 17 of 35  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 8:00 PM. As no one spoke, the public forum was closed at 8:01 PM. I. REGULAR MEETING OF THE CITY COUNCIL, 7:00 P.M. II. PLEDGE OF ALLEGIANCE III. 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. Others Present: Katelyn Huffman, City Clerk and Dianne Reardon, Assistant City Clerk IV. APPROVAL OF RECORDS - January 24, 2022 Councillor Bodanza had a couple of corrections, which he spoke on. These minutes were recommended to be placed on file, with the two corrections. A motion was made by Councillor Bodanza, seconded by Councillor Pauline Cormier, to go into recess at 7:04 PM. The Council returned from recess at 8:01 PM. V. COMMUNICATIONS FROM THE MAYOR Page 18 of 35  C-46 Dean J. Mazzarella, Mayor: Requests an appropriation in the amount of $50,000 be made to the Highway Capital Account; the same amount to be transferred from the Stabilization Account. RE: Safe Routes to School appraisal (Finance; Regular Course 2/14/2022; 2/3 Vote) This communication was given REGULAR COURSE. EMERGENCY PREAMBLE C-47 Dean J. Mazzarella, Mayor: Requests an appropriation in the amount of $250,000.00 be made to the Police Department Salary & Wages Account; the same amount to be transferred from the Stabilization Fund. RE: Overtime funding (Finance; Regular Course 02/14/2022; 2/3 Vote) Councillor Bodanza explained the reason behind this emergency preamble. Councillor Freda asked if we would follow this procedure for the vote of every emergency preamble? Councillor Bodanza answered that he would like to see this done. He read the explanation from Chief Kennedy. A roll call vote was taken, and it was voted: 9-0 for GRANTING the Emergency Preamble. 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 9-0. ORDERED: By a Roll Call Vote of 9-0, the order was ADOPTED. C-48 Dean J. Mazzarella, Mayor: Requests City Council vote to accept the Resolution to transfer property located at the corner of Johnson and Carter Streets. (Ways and Means; Regular Course 2/14/2022; Majority Vote) Councillor Chalifoux-Zephir asked if the School Department was notified. Council President David Cormier said the School Department released this land. This communication was given REGULAR COURSE and asked for referrals from Recreation and the Public Works Department. Page 19 of 35  C-49 Dean J. Mazzarella, Mayor: Requests the confirmation of the permanent appointment of Arthur Elbthal to the position of Director of Emergency Management. RE: Three-year term, beginning March 1, 2022. (Ways and Means; Regular Course 2/14/2022; Interview 02/28/2022 at 6:52 PM; Majority Vote) This communication was given REGULAR COURSE and asked for notice to be sent to the applicant. VI. PETITIONS FIRST TIME ON THE AGENDA 32-22 Pauline Cormier, Ward 2 Councillor, Susan Chalifoux-Zephir, owner Ginny’s Helping Hand, and Vinda Pedrosa, owner of Vinda’s Tailoring: Requests that the City Council approve placement of a crosswalk across Mechanic St. near 52 and 54 Mechanic St. to assist patrons of local businesses safe transit across Mechanic St. (Public Safety and Traffic; Regular Course 02/14/2022; Public Hearing 02/28/2022 @ 6:50PM; 2/3 Vote) This petition was given REGULAR COURSE with referrals to Traffic and the Public Works Department. Councillor Freda asked why the council is involved in a crosswalk issue when we have no jurisdiction. Council President David Cormier stated that the Ward 2 Councillor and Councillor Chalifoux-Zephir might want council backing. Council President David Cormier added that this issue has come up before, and there was not enough sight distance. 33-22 Jon Andre Zajon, on behalf of George's Fine Jewelers, Inc.: request to renew license to deal secondhand articles at 255 North Street. (Ways & Means; Regular Course; 02/14/2022; REFERRALS IN: Treasurer, Police; Majority Vote) This petition was given REGULAR COURSE. 34-22 Fred R. Tousignant, on behalf of Fred's Auction: request to renew license to deal secondhand articles at 92 Pleasant Street. (Ways & Means; Regular Course; 02/14/2022; REFERRALS IN: Treasurer, Police; Majority Vote) Page 20 of 35  This petition was given REGULAR COURSE. 35-22 Jon Andre Zajon, on behalf of House of Relics: request to renew license to deal secondhand articles at 1292 Main Street. (Ways & Means; Regular Course; 02/14/2022; REFERRALS IN: Treasurer, Police; Majority Vote) This petition was given REGULAR COURSE. 36-22 Joshua Olmeda, on behalf of GameStop #3594: request to renew license to deal secondhand articles at 26 Orchard Hill Park. (Ways & Means; Regular Course; 02/14/2022; REFERRALS IN: Treasurer, Police; Majority Vote) This petition was given REGULAR COURSE. 37-22 Massachusetts Electric Company d/b/a National Grid and Verizon New England, Inc. requests permission to locate poles, wires, and fixtures, including the necessary sustaining and protecting fixtures, along and across the following public way: Lancaster Street – National Grid to relocate 1 JO Pole on Lancaster St. beginning at a point approximately 530 feet north of the centerline of the intersection of Saga Ave and continuing approximately 20 feet in an east direction. Relocate Police #81-84, 25 feet in southern direction from its current location. Homeowner of #644 has requested pole relocation to proposed new driveway. Wherefore it prays that after due notice and hearing as provided by law, it be granted a location for and permission to erect and maintain poles and wires, together with such sustaining and protecting fixtures as it may fine necessary, said poles to be erected substantially in accordance with the plan filed herewith marked Lancaster Street – Leominster – Massachusetts. Also seeking permission to lay and maintain underground laterals, cables, and wires in the above or intersecting public ways for the purpose of making connections with such poles and buildings as each of said petitioners may desire for distributing purposes. Your petitioner agrees to reserve space for one cross-arm at a suitable point on each of said poles for the fire, police, telephone, and telegraph signal wires belonging to the municipality and used by it exclusively for municipal purposes. (Public Service; Regular Course; 02/14/2022; Public Hearing 02/28/2022 at 6:45 PM; Majority Vote) This petition was given REGULAR COURSE and a Public Hearing was set for February 28, 2022 at 6:45 PM by a vote of 8-0-1 (Councillor D. Cormier abstaining) Page 21 of 35  38-22 Joanne L. Atwood, on behalf of The Repair Palace, Inc.: request to renew license to deal secondhand articles at 11 Sack Blvd. (Ways & Means; Regular Course; 02/14/2022; REFERRALS IN: Treasurer, Police; Majority Vote) This petition was given REGULAR COURSE. VII. MATTERS BEFORE THE CITY COUNCIL VIII. FINANCIAL REPORT – STABLIZATION FUND BAL $16,360,226.00 IX. FINANCE C-45 Dean J. Mazzarella, Mayor: Requests an appropriation of $12,000.00 be made to the City Council Advertising Expense Account; the same amount to be transferred from the Stabilization Fund. RE: Advertising costs (Finance; Regular Course 1/24/2022; 2/3 Vote) Councillor Freda asked for more specific costs for every stop sign, including City Solicitor costs. Councillor Bodanza will follow up on that and report at a later meeting. The Finance Committee recommended that the City Council GRANT the communication. By a vote of 9-0, the communication was GRANTED. ORDERED: By a roll call vote of 9-0, the communication was ADOPTED. I. LEGAL AFFAIRS 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 Page 22 of 35  (Legal Affairs; Regular Course 06/14/2021; Public Hearing; January 10, 2022 @ 6:50PM; Cont. Public Hearing February 14, 2022 @ 6:50 PM; REFERRALS IN: Planning Director; REFERRALS OUT: Building Inspector, Zoning Board of Appeals; 2/3 Vote) This petition was given FURTHER TIME, and the continued Public Hearing was set for March 14, 2022, at 6:50 PM, by a vote of 9-0. 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 FURTHER TIME, and the continued Public Hearing was set for March 14, 2022, at 6:45 PM, by a vote of 9-0. • Notice to Appear - 645 Lancaster Street – Flammable Storage Violation (Legal Affairs; Public Hearing: February 14, 2022 @ 6:30 PM) This portion of the minutes will be recorded verbatim: Councillor Angelini: We had a hearing earlier this evening with Mr. Velez and I had made some recommendations that id like to probably put more put forth more formally at this at this point and I probably would ask that these be drafted by the clerk and passed on to the licensee if Council so approves the first thing I think id like to see is is the licensee secure a million dollar insurance policy identifying the city of Leominster as the indemnified party I would like to also remind the licensee that he must be in compliance with our stormwater ordinance section 21.75 the third thing id like to is just merely issue a written warning for failure to comply with our ordinances section 8.1.1 which is providing notice of the spill to the Council and the fourth thing Id like is what I asked for which would be a copy of their stormwater pollution prevention plan and any amendments to that plan as a result of the incident that occurred. Councillor David Cormier: okay do we have a motion to accept those conditions and and then we’ll go from there somebody like to make a motion? Councillor Bodanza: I would like to weigh in. Maybe we could go ahead a little quick committee work. So you know I would suspect that Mr. Velez has insurance and I don’t think he needs to get a separate policy to name us as an additional insured so id like to offer him the opportunity to name us as an additional insured on his existing policy and he Page 23 of 35 offered I think while he was here he gave us a pretty honest I think appraisal of what happened looks like that somebody made a mistake on the capacity of the truck and that wouldn’t have been as big a problem if the truck driver had stayed with the truck and he offered that that’s part of their operational protocol so I think that should be a condition too that they’re sure that the truck driver whose loading or offloading stay with his truck until that process is complete as an additional condition. I am accord with the other conditions suggested by the chairman and maybe you can check with Councillor Pauline Cormier. Councillor David Cormier: Councillor Cormier? Councillor Pauline Cormier: I think with making that one actually both suggestions the just to add the City of Leominster to an existing insurance policy that’s fine and I agree with the last part where that its his responsibility to make sure that this employee is there to make sure that the truck driver is there throughout the entire process I think that’s fair enough I think that’s based on what happened I take Mr. Velez at his word here although he did accept full responsibility for everything I think it was pretty clear that there was another party in this that dropped the ball in this case so I think that’s fair think that’s a fair resolution to this so I would agree with that with that amendment. Councillor David Cormier: Okay, alright. Do we want to state these once again very clearly Mr. Chairman. Councillor Angelini: Sure let me take a stab at it. We wanted this we want the indemnification certificate identifying the City of Leominster as a certificate holder on an existing policy and that’s uh that’s fine with me. We would like to ensure that the driver any third party drivers stay with the truck during loading or offloading. I’d like to issue a written warning and notice for failure to comply with again our ordinance section 8.1.1 and I would like the the licensee to provide a copy of his Stormwater Pollution Prevention Plan and any amendments as that were made as a result of this incident. Councillor David Cormier: Okay that sounds like everything. I I just want to point one thing out its 8-1 not 8.1.1 its 8-1 okay. Alright so does someone so you’re making that motion. Councillor Angelini: Yeah I am. Councillor David Cormier: Councillor Angelini, do we have a second on the floor to accept all of these conditions on this permit as a as a result of this incident is there any questions or comments from anyone on the City Council. All set, yeah okay so you’ve heard the recommendation of the Legal Affairs Committee to entertain this notice to appear with all of those new conditions on this permit as a result of this incident is there if there’s no other questions or comments all those in favor signifying in the usual manner actually I think I am going to do a roll call vote on this given the mnature of it uh Councillor Bodanza? Councillor Bodanza: Yay Page 24 of 35 Councillor David Cormier: Councillor Pauline Cormier Councillor Pauline Cormier: Yay Councillor David Cormier: Councillor Ardinger? Councillor Ardinger: Yay Counciller David Cormier: Councillor Brady? Councillor Brady: Nay Councillor David Cormier: Councillor Chalifoux-Zephir? Councillor Chalifoux-Zephir: Yay Councillor David Cormier: Councillor Deacon? Councillor Deacon: Yay David Cormier: Councillor Freda? Councillor Freda: I’m abstaining. Councillor David Cormier: Okay and the reason why? Councillor Freda: Uh do I have to explain them all the time huh Councillor David Cormier: Well yeah uh most of us - Councillor Freda: Yeah a conflict of interest – I don’t think anyone else does but that’s alright. Councillor David Cormier: We all do. [Both Councillors were speaking at the same time during this part of the meeting] Councillor David Cormier: What’s your conflict of interest. Councillor Freda: Conflict of Interest. Councillor David Cormier: What is your conflict? Councillor Freda: I’d rather not say I don’t think I have to say. Page 25 of 35 Councillor David Cormier: You do because it’s in our rules that you have to vote on every matter that comes before us. You’re going to be recorded as a nay vote let me find the rules here. Rule 18 every matter which comes before the City Council shall be out to a vote the result of which shall be recorded. Every member of the City Council unless specifically excused by reason of interest. In the event a member refuses to vote on any question or motion prior to being excused from voting by the Council his refusal shall be considered as a negative vote. I don’t understand what your conflict is. Councillor Freda: Did you just read that a possible conflict of interest is acceptable it didn’t say I have to explain the conflict of interest. Councillor David Cormier: Okay, I don’t know if you have a conflict because you’re not explaining what your conflict is. Couincillor Freda: Then you’re questioning I’m telling you; you’re questioning my truthfulness that I have a possible conflict of interest. I have a possible conflict of interest and I’m not voting; you want to mark it down as a negative vote that’s completely up to you I have a conflict I’m not going to have a discussion about it. Councillor David Cormier: Okay, she’ll be recorded as a nay vote. By a vote of 7-2 this has been adopted. Madam Clerk I’m going to ask that you send by certified mail as well as regular mail a copy of all these new conditions that must be complied with. KP Law, the Cities City Solicitor, requested the vote be recorded in the minutes as follows: Before the motion was made, Councilor Freda requested to be excused from the vote. The President declined to approve the request for lack of information and Councilor Freda did not participate. In accordance with Council Rule 18, Councilor Freda was recorded as voting “nay” on the motion. The final roll call vote was 7-2 (Councillors Brady and Freda recorded as nay). II. CITY PROPERTY 31-22 Richard M. Marchand: Request to Close off the following City streets and City property in downtown Leominster to host the 29th Annual Johnny Appleseed Arts and Cultural Festival. The festival will take place on Saturday, September 24th, 2022. • West Street from the intersection of Cottage Street to Main Street. • Park Street from Main Street to West Street. • Main Street from Mechanic Street to Merriam Avenue. • Church Street to be used for EMS only. • School Street from West Street to Merriam Avenue. Page 26 of 35  In addition to the city streets, the festival would also include the parking lots adjacent to the City Hall, the City Hall parking lot, and the city parking lot between the First Baptist Church and the First Church Unitarian also be reserved for the festival. The time of closure requested is from six o’clock in the morning until approximately six o’clock in the evening. (City Property; Regular Course 01/24/2022; Majority vote) All abutters were notified, per Rich Marchand, so the City Property committee recommends granting this petition and ignoring outstanding referrals, as this festival has been going on for 28 years. With a vote of 9-0, this request was GRANTED. III. WAYS AND MEANS 25-22 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; 01/24/2022; REFERRALS IN: Treasurer, Police; Majority Vote) The Ways and Means Committee recommended the City Council renew the license for Upscale Consignment. The motion was GRANTED by a roll call vote of 9-0. 26-22 George Degiaoui, on behalf of Hannoush Jewelers: request to renew license to deal secondhand articles at 100 Commercial Road. (Ways & Means; Regular Course; 01/24/2022; REFERRALS IN: Treasurer, Police; Majority Vote) The Ways and Means Committee recommended the City Council renew the license for Hannoush Jewelers. The motion was GRANTED by a roll call vote of 9-0. 27-22 Neil Abramson, on behalf of Cutiques: request to renew license to deal secondhand articles at 37 Mechanic Street. (Ways & Means; Regular Course; 01/24/2022; REFERRALS IN: Treasurer, Police; Majority Vote) The Ways and Means Committee recommended the City Council renew the license for Cutiques. The motion was GRANTED by a roll call vote of 9-0. Page 27 of 35  28-22 Neil Abramson, on behalf of Cutie Patuties: request to renew license to deal secondhand articles at 1021 Central Street. (Ways & Means; Regular Course; 01/24/2022 REFERRALS IN: Treasurer, Police; Majority Vote) The Ways and Means Committee recommended the City Council renew the license for Cutie Patuties The motion was GRANTED by a roll call vote of 9-0. 29-22 Roger Cormier, on behalf of Crowne Jewelers: requests to renew license to deal secondhand articles at 12 Lindell Avenue. (Ways & Means; Regular Course; 01/24/2022; REFERRALS IN: Treasurer, Police; Majority Vote) The Ways and Means Committee recommended the City Council renew the license for Crowne Jewelers. The motion was GRANTED by a roll call vote of 9-0. 30-22 Susan Chalifoux Zephir, on behalf of Ginny's Helping Hand, Inc.: requests to renew license to deal secondhand articles at 52 Mechanic Street. (Ways & Means; Regular Course; 01/24/2022; REFERRALS IN: Treasurer, Police; Majority Vote) The Ways and Means Committee recommended the City Council renew the license for Ginny’s Helping Hand. The motion was GRANTED by a roll call vote of 8-0-1 (Councillor Chalifoux-Zephir abstained) IV. NEW BUSINESS Councillor Freda asked if the Legal Affairs Committee would look at the MBTA communities' zoning. She suggests that something be presented to the Council for a vote, as this needs to be completed by May. Councillor Brady noted that Ward 1 is impacted by this as it has long-term effects on his constituents. Councillor Angelini added that KP Law has sent out notifications and is working on this. Page 28 of 35  V. OLD BUSINESS Second Reading of an Ordinance 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; First Reading of Ordinance ADOPTED 01-24-2022; 2/3Vote) The Legal Affairs Committee recommended that the City Council ADOPT the second reading of the ordinance. By a roll call vote of 9-0, the second reading of the ordinance was ADOPTED. This portion of the minutes is recorded verbatim: Councillor Freda: Yes a couple of months ago I asked for I think it was December or January to get copies of the legal bills from the City Solicitor. We don’t have those, we’re supposed to get those on a regular basis. Councillor Bodanza: I know its something that the Clerk has asked for. I used to get them in my last stint as finance chair on a regular basis although they were made out to Councillor Cormier for two years um so I am going to ask the City Clerk based on your question – Councillor Freda: Yeah we’ve been getting them for 30 years every month and we’re supposed to get them. Councillor Bodanza: That’s correct. Councillor Freda: I mean we’re voting without knowing what what the bills are we need them. Councillor Bodanza: I agree. I’ll ask the Clerk to please reach out again. City Clerk: I’ll send a third email. Councillor Bodanza: Okay. Councillor Freda: If we are not successful maybe we need to ask the Mayor to instruct the, to send it to us. Maybe we should hold the check. Page 29 of 35 City Clerk: I’ve copied the entire Mayor’s office on it so Dean is aware. Councillor Freda: The second thing regarding the City Solicitor I’ve also asked that we have them come in and update us on on some of the litigation. Some of the issues to have an executive session. Councillor Cormier: I certainly would love that. Councillor Freda: Have they responded to that? City Clerk: Not yet, but I can have another one scheduled for him because the last one we did was last year. Councillor Freda: I think we need to do that sooner rather than later too. City Clerk: Because I believe Mr. Georgio – Councillor Freda: Because when people on the street are talking about it and asking us questions and we don’t know what it is I think I think we need to hear it. City Clerk: I’ll ask them to set up a date or at least let me know some in the future that works well for them and I’ll compare it to our schedule and get back to you with what they say. Councillor Freda: Okay. I’m going to go back to that vote on on the action regarding Lancaster Street. I’m going to request Mr. President, that you change that vote that I am not a nay vote I am not participating in that. Councillor Cormier: Councillor Freda I don’t understand what your conflict is, everybody here that has a conflict states what their conflict is yet, I have financial interest in the property, I have immediate family member that is employed there. Councillor Freda: I understand what a conflict is. Councillor David Cormier: I understand. Councillor Freda: And I don’t need to tell you Councillor David Cormier: Then under our rules your – Councillor Freda: Read it again Councillor David Cormier: Your vote - Councillor Freda: You don’t have to but I want that changed Page 30 of 35 Councillor David Cormier: This is a nay vote okay. That’s how I interpret it. I don’t know what your conflict is. Councillor Freda: yeah well I’m going to challenge that – Councillor David Cormier: Okay you – Councillor Freda: Because its not a nay vote. Councillor David Cormier: you may do that. Councillor Freda: I will do that. Councillor David Cormier: You are at liberty to do that. Okay. Is there any other items to come into the community calendar? VI. COMMUNITY CALENDAR VII. TABLED PETITIONS UPON WHICH ACTION IS PROPOSED 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; 03/08/2021; Subcommittee Mtg 3/17/2021; TABLED 03/22/2021; Subcommittee Mtg 4/21/2021; 2/3 Vote) Councillor Angelini would like to take this off the table for action. With a vote of 9-0, this petition was taken off the table for action. Councillor Angelini proposed giving this petition LEAVE TO WITHDRAW WITHOUT PREJUDICE, as it originated in November of 2020 and will need a new petition with a new advertisement. Councillor Chalifoux-Zephir asked why they proposed LEAVE TO WITHDRAW WITHOUT PREJUDICE. Councillor Angelini replied that there had been no requests for action. Council President David Cormier added that this would need to be re-submitted. Page 31 of 35 With a vote of 9-0, this petition was given LEAVE TO WITHDRAW WITHOUT PREJUDICE. VIII. ADJOURNMENT A motion was made by Councillor Bodanza, seconded by Councillor Chalifoux-Zephir, to adjourn the meeting at 8:55 PM. With a vote of 9- 0, the meeting was adjourned. - Katelyn Huffman, City Clerk Page 32 of 35 Page 33 of 35 Page 34 of 35 Page 35 of 35