City Council

Council President Councillors-at-Large Mark C. Bodanza Thomas F. Ardinger Council Vice President Susan Chalifoux-Zephir Pauline M. Cormier Brandon Robbins Claire M. Freda Ward Councillors Ward 1 – Robert M. Tocci 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 DECEMBER 9 , 2024 JOHN P. MAHAN CITY COUNCIL CHAMBERS WAYS AND MEANS, 5:45 P.M. C-27 Dean J. Mazzarella, Mayor; Request the confirmation of the permanent appointment of Captain Vang Lee for the Leominster Police Department. I certify that said person is qualified to perform the duties which will be required, and I this designation solely in the interest of the City of Leominster. (Ways and Means Committee; Regular Course; 11/25/2024; Majority Vote) The interview began at 5:45PM . The appointment was read into the record by Councillor Pauline Cormier. Acting Captain Lee explained he has been with the Leominster Police Department for 17 years. He has lived in Leominster since 1994, went off to serve in the military and began with the Leominster Police in 2007. Acting Captain Lee shared that he has a wife and seven kids. Acting Captain Lee started on the police force as patrol officer , he became Sergeant in 2017, in 2021 he became a Lieutenant. Acting Captain Lee expressed he feels with all his experience he can will be a great help in getting Chief Malatos towards his vision and mission for the police department. Councillor Pauline Cormier thanked Acting Captain Lee for his service to the country & to the police department. Councillor Ardinger stated that he is very impressed by his resume and his military background and has his vote for the position. WAYS AND MEANS, cont’d Councillor David Cormier expressed his gratitude towards acting Captain Lee and wished him the best in the new position. Councillor Tocci asked if there are any big challenges for 2025? Acting Captain Lee stated there will always be challenges to make the police department a better place and work with the community and the city council to be the best city. Councillor Freda stated that the city has great leadership that will move the department forward. Councillor Freda expressed her support for this appointment. Councillor Chalifoux-Zephir expressed how impressed she is with his resume, law enforcement and military training along with his tactical and crisis management experience. Councillor Chalifoux-Zephir asked Chief Malatos how this appointment fits into his overall plan for the police department. Chief Malatos explained that as of now the police is budgeted for two Captain positions. Chief Malatos also explained that there has been vacancy in the Operations Division Commander which the Chief held a few months back. Acting Captain Lee will take over the administrative role Captain Fraher had and Captain Fraher will be given the opportunity to the Operations Division Commander. Councillor Chalifoux-Zephir asked Chief Malatos if this will complete his leadership team. Chief Malatos answered yes along with confirming that’s the immediate command staff. Councillor Chalifoux-Zephir expressed her support for Acting Captain Lee and mentioned how nice it was to see the other officers and staff from the department attend tonight’s meeting to support the appointment. Councilllor Robbins stated that acting Captain Lee’s resume is impressive. Councillor Robbins thanked acting Captain Lee for his service to the country and the city. Councillor Freda stated how nice it is to see that back in 1999 the police report stated there should be 2 captains and now 25 years later there is. Chief Malatos stated that Acting Captain Lee has been an asset to the department for a long time. Chief also stated that he has all the confidence in acting Captain Lee. Councillor Angelini thanked acting Captain Lee for his service to the country and the city. Councillor Pauline Cormier closed the public hearing at 5:55pm. Page 2 LEGAL AFFAIRS, JOINT PUBLIC HEARING WITH THE PLANNING BOARD, December 9, 2024, 6:00 P.M. 16-25 Montachusett Regional Planning Commission; Glen Eaton, Executive Director Request to amend the Leominster Zoning Ordinance and Map to create the Multi- Family Overlay District in accordance with the MBTA Communities Act. (Legal Affairs Committee; Regular Course; 11/12/2024; Public Hearing December 9, 2024; at 6:00 p.m.; Majority Vote) The Planning Board Meeting opened at 6:00PM by John Souza, the Director of the Planning Board by reading the petition into the record. President Bodanza explained that under Chapter 40A of the Massachusetts General Law, Section 5 permits the City Council to hold a joint public hearing on a zoing matter. President Bodanza further explained that the process of bringing a zoning petition before the City Council. President Bodanza stated that the Planning Board has 65 days to inform the City Council of their position on the petition in question. President Bodanza also explained that under Chapter 161 of the Massachusetts General Laws, the MBTA Communities Act requires that a city with an MBTA station needs to adopt a certain zoning initiative that was passed by the Masachusetts Legislature, not our choice and needs to be done by December 31, 2024. President Bodanza stated that if the City Council does not enact this law , the City of Leomister will loose garnts which total over $13 million dollars. President Bodaza further stated that the Attorney General of Massachusetts is currently before the Massachusetts courts to try to get the authority to to impose an injunction and force other towns in the state to adopt the zoning. President Bodanza stated that the proposal before the council is to create a zoning overlay district. President Bodanza further explained that this petiton does require anything to be built but requires the City to enable certain types of housing initiatives occur within that zoning overlay district. President Bodanza explained that originally housing was planned for a half a mile radius from the MBTA station in North Leominster. Presdent Bodanza went on to say that they took the maximum amount of a radius , which is 40% and distributed to other areas of the city to be a more equitable situation for Ward 1 and also for the traffic in Ward 1. Mr. Joseph Boyle , Principal Planner for the Monatchusett Regional Planning Commission presented a map and ordinance that are before the City Council. Mr. Boyle stated that Masscahusetts has one of the most competitive rental markets in the nation, even more competitive than greater Boston. President Bodanza reminded all in attendance that the City of Leominster had no choice in the matter of this zoning it is mandated by the state. Page 3 LEGAL AFFAIRS, JOINT PUBLIC HEARING WITH THE PLANNING BOARD, cont’d Councillor Freda mentioned that the contract for the MRPC was signed in December 2022, the Mayor signed the contract to stop working. Councillor Freda expressed her disappointment that it has been 2 years this has been worked on and the “under the gun” statement is unfair. President Bodanza stated that there was an informational meeting at the library back in April due to the burden being put on North Leominster. President Bodanza also expressed that even though there was a delay in the process of getting this petition done, it placed the city in a good position for a variety of reasons. John Souza explained that all of the zoning gets approved by the City Council and then gets acted on by the Planning Board. John Gleason, manager of the liability company that owns the property at 514 Main Street. Mr. Gleason asked if Mr. Boyle could articulate some of the Legislative intent behind this act and the housing crisis in Massachusetts. Mr. Gleason also asked asked if Central Massachusetts and the MBTA communities bear the burden for the high cost of rental property in Boston or is it something more to this. Mr. Boyle stated that is fair to say the MBTA Communities Act was drawn up with Greater Boston in mind and applied more broadly. Some of it doesn’t fit Central Massachusetts. Mr. Boyle added that the problem is not only in Eastern Massachusetts. Bob Dewsnap, 28 Lynnhaven Road, asked who has the eminent domain authority for this zoning or is there any. He also asked about the non-conforming uses within the industrial area. President Bodanza replaied that none of those things would be affected by this petition. President Bodanza also said that eminent domain typically belongs to the government. President Bodanza further stated that the non-conforming units wouldn’t change either. John Souza stated that an overlay district is confusing to people. He further explained that the overlay does not affect the current people on the property, its’s only the future. Jim Garcia, 18 Funston Street, spoke in support of the petition. Councillor Freda asked if there are building capabilities behind Paul’s Hardware and Chapman Place. Mr. Souza stated that area is not buildable due to power lines in that area. Page 4 LEGAL AFFAIRS, JOINT PUBLIC HEARING WITH THE PLANNING BOARD, cont’d Mr. Boyle explained that the already built units already establish a density over the property. The unbuilt area can’t be taken and have 50 units added to it. Jim Garcia, 18 Funston Street asked if the petition passes will buildings have cometic and layout requirements. Mr. Souza stated that there are different areas in the city that require different facades. The Historical Society may have some requirements in some areas. Councillor Tocci expressed that he thinks the city is full. He feels that city does not need anymore apartments. Councillor Pauline Cormier stated that at the meeting in April the burden that was going to be on North Leominster and was discussed in great detail. There were lots of people that came. Councillor Cormier explained that the Planning Board and the Council worked together to get the overlay to be more equitable to the entire city. Councillor Cormier spoke in favor of this petition. Councillor Angelini stated that the council sent the state pre-approval review on Mr. Boyle’s request and they were fine with the plan. Coucncillor Angelini commended Mr. Boyle for all of his help. Councillor Freda expressed that she feels the council didn’t handle this petition properly. Councillor Freda stated that the meeting at the library was a Legal Affairs Committee meeting not a- public hearing, it should’ve been handled different. Councillor Freda stated that from her part , this was not a council effort. Councillor Freda stated that this is a city issue not the council and the whole city could be affected by it. Councillor Freda also stated that the council had ample time. Councillor Freda explained that the council should have been a lot more transparent about the process. Councillor Angelini opened the floor to the public , no one spoke. The public hearing was left open. Councillor Angelini closed the public hearing at 7:37PM. Page 5 LEGAL AFFAIRS, PUBLIC HEARING, December 9, 2024, 6:30 P.M. 15-25 Elizabeth Wood, on behalf of the Planning Board; Request to Amend the zoning ordinance pertaining to MU-2 Zoning. (See attached Letter) (Legal Affairs Committee; 10/28/2024; Public Hearing December 9, 2024; at 6:30 P.M.; 2/3 Majority Vote) Councillor Angelini opened the public hearing at 7:38PM by reading the petition into the record. Councillor Angelini read a letter into the record from December 3, 2024 from Elizabeth Wood, Planning Director. The Legal Affairs committee recommended further time and to continue the public hearing. 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 began at 7:39 PM. President Bodanza asked three times if anyone from the public wanted to speak on a matter listed on the agenda. No one spoke. The public forum closed at 7:40 PM. I. REGULAR MEETING OF THE CITY COUNCIL, 7:00 P.M. The regular meeting of the City Council opened at 7:00 PM. Councillor Chalifoux-Zephir made a motion to recess. Councillor Robbins seconded the motion. By a vote of 9-0 the meeting was recessed to continue the public hearing as scheduled at 7:01 PM. The regular meeting reconvened at 7:40 PM. II. PLEDGE OF ALLEGIANCE Page 6  III. ROLL CALL OF COUNCILLORS IN ATTENDANCE President Bodanza, Councillor David Cormier, Councillor Pauline Cormier, Councillor Ardinger Councillor Angelini, Councillor Tocci, Councillor Chalifoux- Zephir, Councillor Robbins, and Councillor Freda present. Others present: Elizabeth Doiron, City Clerk and Maribel Perez, Assistant City Clerk. IV. APPROVAL OF RECORDS - October 15, 2024 - Minutes- These minutes were given further time. - October 28, 2024 – Minutes - These minutes were given further time. - November 12, 2024 – Minutes -These minutes were given further time. - November 25, 2024 – Minutes - These minutes were given further time. V. COMMUNICATIONS FROM THE MAYOR VI. PETITIONS FIRST TIME ON THE AGENDA 23-25 Union Square Realty Trust – James Xarras, Trustee; 507 Lancaster Street, Leominster, MA; Request that the City Council Amend the current zoning of 493,497,501 & 507 Lancaster Street from MU1 to Business B. (See attached Petition) (Legal Affairs Committee; Regular Course; 12/09/2024; Public Hearing TBD; Majority Vote) The petition was given regular course with a referral to the Planning Board. The public hearing was set for January 13, 2025 at 6:30 PM by a vote of 9-0. VII. MATTERS BEFORE THE CITY COUNCIL VIII. FINANCIAL REPORT – BALANCE $22,399,754.14 Page 7  IX. FINANCE C-25 Dean J. Mazzarella, Mayor; Request that an appropriation of $250,000.00 be made to the Fire Department Overtime Account; the same to be transferred from the Stabilization Fund. (Finance Committee; Regular Course; 11/25/2024; 2/3 Vote) Councillor David Cormier recused himself. Councillor Pauline Cormier and Finance Committee recommended that the City Council GRANT the communication. By a vote of 8-0 the communication was GRANTED ORDERED: By a vote of 8-0 the order was ADOPTED. C-26 Dean J. Mazzarella, Mayor; Request that an appropriation of $68,000.00 be made to the Police Department Salary and Wages Account; the same amount to be transferred from the Opiod Stabilization Fund. (Finance Committee; Regular Course; 11/25/2024; 2/3 Vote) The Finance Committee recommended that the City Council GRANT the communication. By a vote of 9-0 the communication was GRANTED. ORDERED: By a vote of 9-0 the order was ADOPTED. X. LEGAL AFFAIRS 16-25 Montachusett Regional Planning Commission; Glen Eaton, Executive Director Request to amend the Leominster Zoning Ordinance and Map to create the Multi- Family Overlay District in accordance with the MBTA Communities Act. (Legal Affairs Committee; Regular Course; 11/12/2024; Public Hearing December 9, 2024; at 6:00 p.m.; Majority Vote) The Legal Affairs Committee recommended that the City Council GRANT the petition. By a vote of 9-0 the petition was GRANTED. Page 8 LEGAL AFFAIRS , cont’d 15-25 Elizabeth Wood, on behalf of the Planning Board; Request to Amend the zoning ordinance pertaining to MU-2 Zoning. (See attached Letter) (Legal Affairs Committee; 10/28/2024; Public Hearing December 9, 2024; at 6:30 P.M.; 2/3 Majority Vote) The Legal Affairs Committee recommended that the City Council give FURTHER TIME and establish a public hearing. By a vote of 9-0 the petition was given FURTHER TIME and the public hearing was set for January 13, 2025 at 6:10 PM. XI. WAYS AND MEANS APPOINTMENT C-27 Dean J. Mazzarella, Mayor; Request the confirmation of the permanent appointment of Captain Vang Lee for the Leominster Police Department. I certify that said person is qualified to perform the duties which will be required, and I this designation solely in the interest of the City of Leominster. (Ways and Means Committee; Regular Course; 11/25/2024; Majority Vote) The Ways and Means Committee recommended that the City Council CONFIRM the appointment. By a roll call vote of 9-0 the appointment was CONFIRMED. XII. NEW BUSINESS First Reading of an Ordinances 17-25 Greg Robichaud, Sargeant Leominster Police Department; Request to Amend Chapter 13 of the Revised Ordinance entitled “Motor Vehicles and Traffic.” Chapter 13, Section 13-44 of the Revised Ordinance entitled “Same-Between 8:00 A.M. and 6:00 P.M.” is hereby amended by deleting the following text: Lancaster Street (north side), from in front of 488 Lancaster Street to and including the front of 508 Lancaster Street.” (Legal Affairs Committee; Regular Course; 11/12/2024; Public Hearing 11/25/2024, at 6:15 P.M.; Majority Vote) The Legal Affairs Committee recommended that the City Council ADOPT the first reading of the ordinance. By a vote of 9-0 the first reading of the ordinance was ADOPTED. Page 9 First Reading of an Ordinances, continued 18-25 Greg Robichaud, Sargeant Leominster Police Department; Request to Amend Chapter 13 of the Revised Ordinance entitled “Motor Vehicles and Traffic.” Chapter 13, Section 13-47 of the Revised Ordinance entitled “Same-At all times except Sunday.” is hereby amended by deleting the following text: “No person shall park a vehicle on the east side of Lancaster Street, from Viscoloid Avenue south to Howard Street for any longer than two hours on any day except Sunday.” (Legal Affairs Committee; Regular Course; 11/12/2024; Public Hearing 11/25/2024; at 6:16 P.M.;Majority Vote) The Legal Affairs Committee recommended that the City Council ADOPT the first reading of the ordinance. By a vote of 9-0 the first reading of the ordinance was ADOPTED. NEW BUSINESS, cont’d First Reading of an Ordinances, continued 19-25 Greg Robichaud, Sargeant Leominster Police Department; Request to Amend Chapter 13 of the Revised Ordinance entitled “Motor Vehicles and Traffic.” Chapter 13, Section 13-34 of the Revised Ordinance entitled “No parking on certain streets.” is hereby amended by inserting the following text: “Lancaster Street (north side), from in front of 488 Lancaster Street to and including the front of 516 Lancaster Street.” (Legal Affairs Committee; Regular Course; 11/12/2024; Public Hearing 11/25/2024; at 6:17 P.M.;Majority Vote) The Legal Affairs Committee recommended that the City Council ADOPT the first reading of the ordinance. By a vote of 9-0 the first reading of the ordinance was ADOPTED. Page 10 NEW BUSINESS, cont’d First Reading of an Ordinances, continued 20-25 Greg Robichaud, Sargeant Leominster Police Department; Request to Amend Chapter 13 of the Revised Ordinance entitled “Motor Vehicles and Traffic.” Chapter 13, Section 13-62.1 of the Revised Ordinance entitled “Same-Two hours.” is hereby amended by deleting the following text: “Pleasant Street (west side), beginning at a point fifty-five feet north of Adams Street northerly for a distance of three hundred thirteen feet.” And replacing it with the following text: “Pleasant Street (west side), beginning at a point ninety feet north of Adams Street northerly for a distance of two hundred seventy eight feet.” (Legal Affairs Committee; Regular Course; 11/12/2024; Public Hearing 11/25/2024; at 6:18 P.M.; Majority Vote) The Legal Affairs Committee recommended that the City Council ADOPT the first reading of the ordinance. By a vote of 9-0 the first reading of the ordinance was ADOPTED. 21-25 Greg Robichaud, Sargeant Leominster Police Department; Request to Amend Chapter 13 of the Revised Ordinance entitled “Motor Vehicles and Traffic.” Chapter 13, Section 13-34 of the Revised Ordinance entitled “No parking on certain streets.” is hereby amended by inserting the following text: “Pleasant Street (west side), beginning at the intersection of Adams Street northerly for a distance of ninety feet.” (Legal Affairs Committee; Regular Course; 11/12/2024;Public Hearing 11/25/2024; at 6:19 P.M.; Majority Vote) The Legal Affairs Committee recommended that the City Council ADOPT the first reading of the ordinance. By a vote of 9-0 the first reading of the ordinance was ADOPTED. Page 11 NEW BUSINESS, cont’d First Reading of an Ordinances, continued 22-25 Greg Robichaud, Sargeant Leominster Police Department; Request to Amend Chapter 13 of the Revised Ordinance entitled “Motor Vehicles and Traffic.”Chapter 13, Section 13-34 of the Revised Ordinance entitled “No parking on certain streets.” is hereby amended by inserting the following text: “Pleasant Street (west side), from Adams Street to Pleasant Place.” (Legal Affairs Committee; Regular Course; 11/12/2024; Public Hearing 11/25/2024; at 6:20 P.M.; Majority Vote) The Legal Affairs Committee recommended that the City Council ADOPT the first reading of the ordinance. By a vote of 9-0 the first reading of the ordinance was ADOPTED. XIII. OLD BUSINESS Councillor Chalifoux-Zephir stated that she has an update on additional flood assistance from the state. The United Way will be receiving the $500,000.00 from the state. The Funding is taking longer than expected but is on the way. Councillor Freda stated at the last meeting the council never went back into session after a recess to confirm appointment of Maria Joffrion to the Disability Commission. Councillor Pauline Cormier recommended the council CONFRIM the appointment. By a roll call vote of 9-0 the appointment was CONFIRMED. Councillor Chalifoux-Zephir read petition 11-25 into the record and made a recommendation to give this leave to WITHDRAW WITHOUT PREJUDICE. By a vote of 9-0 the petiton was given leave to WITHDRAW WITHOUT PREJUDICE. Councillor Freda stated the minutes from the October 28, 2024 Public Safety Committee needs to be corrected. Page 12 XIV. COMMUNITY CALENDAR Councillor Robbins stated that there wll be a meeting on January 30, 2025 at 6:00PM about the Fallbrook Building project in the cafeteria. Councillor Freda stated she will be having a Board Meeting at Mount Wachusett Community College on Wednesday morning at 10:00AM and tours of the building will be given at 11:00AM after the meeting. XV. ADJOURNMENT Councillor Chalifoux-Zephir made a motion to ADJOURN. Councillor Robbins seconded the motion. The motion carried unanimously by a vote of 9-0. The meeting ADJOURNED at 8:25pm. - Elizabeth Doiron, City Clerk Page 13