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City Council

Regular Meeting

Leominster, MA · September 9, 2019

AgendaMinutes

Minutes

Council President Councillors-at-Large Richard M. Marchand John Dombrowski Claire M. Freda Council Vice President Susan Chalifoux Zephir Gail P. Feckley Thomas F. Ardinger Ward Councillors Ward 1 – Gail P. Feckley Ward 2 – Pauline M. Cormier Ward 3 – David R. Cormier Ward 4 – Mark C. Bodanza Ward 5 – Richard M. Marchand MINUTES CITY OF LEOMINSTER CITY COUNCIL SEPTEMBER 9, 2019 JOHN P. MAHAN CITY COUNCIL CHAMBERS INFORMATION SESSION WITH THE CHIEF OF POLICE, 6:30 P.M. Regarding Constables and the homeless population within the City. At 6:30PM, Interim Police Chief Michael Goldman, gave an overview of the current status of Leominster’s homeless population. He informed the Council that Leominster currently has 47 homeless persons in the City. He also informed the Council that the Police Department knows all of the homeless and has been working with them on a continued basis. He explained that the Supreme court has ruled that panhandling and aggressive panhandling are first amendment rights and therefore are protected. He also explained that in the even that a pan handler is obstructing safety or traffic then they may be detained for breaking a different law such as disturbing the peace. Councillor Dombrowski asked if it would be beneficial to place signs in the Carter park area, where many aggressive homeless and pan handlers go to benefit the public. Chief Goldman responded that he would look into this possibility further but would ideally like to see call boxes and cameras installed in the park. Councillor Freda asked if we currently had any homeless camps. The Chief informed the Council that they were not currently aware of any but are always actively looking to find and disassemble them. Councillor Ardinger asked why the homeless population has doubled in Leominster recently. The Chief explained that many are coming from Fitchburg, and that according to the homeless and the pan handlers, Leominster is a very generous population so they tend to come here and stay. Councillor Chalifoux Zephir asked how the call boxes operated. The Chief explained that they place direct calls to a line at the police station. PUBLIC FORUM, 6:45 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 timeframe. The Council will not be responding or answering any questions; however, at the discretion of the Council President, clarification may be given. No one spoke. I. INTERVIEW, 6:50 P.M. A measure confirming the Mayor’s Appointment of Joanne C. D’Onfro to Library Board of Trustees; term to expire 4/15/2022. (Ways & Means; Regular Course 8/26/2019; Majority Vote) At 6:50 the interview for Ms. Joanne C. D’Onfro began. She explained that shye is a lifetime Leominster resident who is looking to give back to the community that she loves. Councillor Dombrowski, Councillor Bodana II. REGULAR MEETING OF THE CITY COUNCIL, 7:00 P.M. III. ROLL CALL OF COUNCILLORS IN ATTENDANCE IV. APPROVAL OF RECORDS PRESENTED BY THE VICE PRESIDENT August 26, 2019 – The meeting minutes were given further time. V. COMMUNICATIONS FROM THE MAYOR APPOINTMENTS A measure confirming the Mayor’s reappointment of the following individuals to the Office of Emergency Management: Assistant Directors: Deputy Directors: Richard Gauvin Tom Piper Dan Thibodeau Al Staal These appointments were given regular course. ORDERS C-24 Dean J. Mazzarella, Mayor: Request that an appropriation of $117,065.00 made to the Fire Department Capital Outlay Expense Account; same amount to be transferred from the Stabilization Fund. (Finance; 2/3 Vote) These appointments were given regular course. Page 2 VI. PETITIONS FIRST TIME ON THE AGENDA 4-20 Election Order: An Order Relative to the November 5, 2019 Municipal Election. (Ways & Means; Majority Vote) These appointments were given regular course. 5-20 National Grid and Verizon New England: Requests to install 1 Jointly Owned Pole and remove 1 Jointly Owned Pole on Hall Street beginning at a point approximately 265 feet west of the centerline of the intersection of West Street and continuing approximately 15 feet in a north direction. (Public Service; Public Hearing TBD; Majority Vote) These appointments were given regular course. VII. MATTERS BEFORE CITY COUNCIL VIII. CITY OF LEOMINSTER – FINANCIAL REPORT a. The balance of the stabilization fund was: $17,924,982.00. IX. FINANCE C-19 Dean J. Mazzarella, Mayor: Request that an appropriation of $64,131.00 be made to the School Transportation Expense Account; the same amount to be transferred from the Stabilization Fund. (Finance; Regular Course 8/26/2019; 2/3 Vote) The Finance Committee recommended that the communication be granted. Vote: 8-0 the communication was granted. ORDERED: Vote: 8-0 the order was ADOPTED. C-20 Dean J. Mazzarella, Mayor: Request that an appropriation of $60,105.12 be made to the School Department Expense Account; same amount to be transferred from the Stabilization Fund. (Finance; Regular Course 8/26/2019; 2/3 Vote) The Finance Committee recommended that the communication be granted. Vote: 8-0 the communication was granted. ORDERED: Vote: 8-0 the order was ADOPTED. C-21 Dean J. Mazzarella, Mayor: Request that an appropriation of $30,000.00 be made to the School Department Expense Account; same amount to be Page 3 transferred from the Stabilization Fund. (Finance; Regular Course 8/26/2019; 2/3 Vote) The Finance Committee recommended that the communication be granted. Vote: 8-0 the communication was granted. ORDERED: Vote: 8-0 the order was ADOPTED. C-22 Dean J. Mazzarella, Mayor: Request that an appropriation of $230,700.00 be made to the Sidewalk Expense Account; same amount to be transferred from the Stabilization Fund. (Finance; Regular Course 8/26/2019; 2/3 Vote) The Finance Committee recommended that the communication be granted. Vote: 8-0 the communication was granted. ORDERED: Vote: 8-0 the order was ADOPTED. X. LEGAL AFFAIRS C-10 Dean J. Mazzarella, Mayor: Request that the Cross-Connection Control Ordinance, Chapter 17, Section 17-18 be updated per the attached document. The adoption of this updated ordinance will help with the safety preservation of the water quality within the City of Leominster water distribution system, which is a continuous goal of the Department of Public Works. (Legal Affairs; Regular Course 08/12/19; Further Time 8/26/2019; Pending Referrals Health; 2/3 Vote) Councillor Dombrowski read the memo from the health department aloud. Councillor David Cormier asked why the ordinance is being changed now when it has been the same for so long. Councillor Dombrowski informed him that State Law changed so the ordinance is changing in order to comply. The Legal Affairs Committee recommended that the communication be granted, and a public hearing be set for September 23, 2019 at 6:40 PM in Council Chambers. Vote: 8-0 the communication was GRANTED, and a public hearing was set for September 23, 2019 at 6:40 PM in Council Chambers. XI. PUBLIC SERVICE 2-20 National Grid and Verizon New England, Inc. to install 2 Jointly Owned poles on Willard Street at a point approximately 50 feet southwest of the centerline of the intersection of Willard St & New Lancaster Road and continuing approximately 150ft in a southwest direction. National Grid to install 2 new poles for Reliability and Solar farm. (Public Service; Regular Page 4 Course 8/12/2019; Public Hearing 8/26/2019 @ 6:00PM; Further Time 8/26/2019; Majority Vote) The Public Service Committee recommended that the petition be granted. Councillor David Cormier abstained from the petition due to a possible conflict of interest. Vote: 7-0 the petition was GRANTED. 3-20 National Grid to construct a line of underground electric conduits, including the necessary sustaining and protecting fixtures, under and across the public way or ways hereinafter named (Portland Street, Leominster, MA). (Public Service; Regular Course 8/12/2019; Public Hearing 8/26/2019 @ 6:01 P.M.; Further Time 8/26/2019; Majority Vote) The Public Service Committee recommended that the petition be granted. Vote: 8-0 the petition was GRANTED. XII. WAYS & MEANS A measure confirming the Mayor’s Appointment of Joanne C. D’Onfro to Library Board of Trustees; term to expire 4/15/2022. (Ways & Means; Regular Course 8/26/2019; Majority Vote) The Ways & Means Committee recommended that Joanne C. D’Onfro be appointed to the Library Board of Trustees. Vote: 8-0 Ms. D’Onfro was CONFIRMED. C-17 Dean J. Mazzarella, Mayor: Request that Diana Richard be exempt from the provisions of M.G.L. Chapter 268A §20(b) Conflict of Interest. (Ways & Means; Regular Course 6/26/2019; Majority Vote) The Ways & Means Committee recommended that communication C- 17 be granted. Vote: 8-0 the communication was GRANTED. C-18 Dean J. Mazzarella, Mayor: Request that Cheryl Canedo be exempt from the provisions of M.G.L. Chapter 268A §20(b) Conflict of Interest. (Ways & Means; Regular Course 8/26/2019; Majority Vote) The Ways & Means Committee recommended that communication C- 17 be granted. Vote: 8-0 the communication was GRANTED. XIII. NEW BUSINESS XIV. OLD BUSINESS Page 5 • Councillor Chalifoux Zephir asked if there were any updates from the Mayor’s Office regarding the School Athletic Complex, the City Clerk informed here that currently there were none. She asked that the City Clerk follow up with the Mayor’s office for an update. XV. TABLED PETITIONS UPON WHICH ACTION IS PROPOSED C-24 (FY19) Dean J. Mazzarella, Mayor: Allow Roll On America to connect into the Leominster water system through a Special Act of the Legislature. (Regular Course 11/13/2018; Pending Referrals City Solicitor; Public Hearing 1/14/2018; Further Time 12/10/2018; Tabled for Further Study 1/28/2019; Majority Vote)(Legal Affairs) The Councillors asked whether or not an IMA would be sufficient and asked that a legal opinion be rendered by the City Solicitor regarding this matter. The Legal Affairs Committee recommended that the petition be taken off the table and placed on the agenda at the next meeting. Vote: 8-0 the petition was taken of the table and will be placed on the next agenda. XVI. COMMUNITY CALENDAR • September 11, 2019 will be a Memorial at Johnny Roberge Park. • Catholic Charities of North Worcester will be developing a home for women. • September 13, 2019 Food Truck Festival • September 18, 2019 Friends of Rehab One for City • September 21, 2019 JA Festival. XVII. ADJOURNMENT The meeting adjourned at 7:33PM. Katelyn Huffman, City Clerk Page 6

Agenda

Council President Councillors-at-Large Richard M. Marchand John Dombrowski Claire M. Freda Council Vice President Susan Chalifoux Zephir Gail P. Feckley Thomas F. Ardinger Ward Councillors Ward 1 – Gail P. Feckley Ward 2 – Pauline M. Cormier Ward 3 – David R. Cormier Ward 4 – Mark C. Bodanza Ward 5 – Richard M. Marchand CITY OF LEOMINSTER CITY COUNCIL SEPTEMBER 9, 2019 JOHN P. MAHAN CITY COUNCIL CHAMBERS INFORMATION SESSION WITH THE CHIEF OF POLICE, 6:30 P.M. Regarding Constables and the homeless population within the City. PUBLIC FORUM, 6:45 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 timeframe. The Council will not be responding or answering any questions; however, at the discretion of the Council President, clarification may be given. I. INTERVIEW, 6:50 P.M. A measure confirming the Mayor’s Appointment of Joanne C. D’Onfro to Library Board of Trustees; term to expire 4/15/2022. (Ways & Means; Regular Course 8/26/2019; Majority Vote) II. REGULAR MEETING OF THE CITY COUNCIL, 7:00 P.M. III. ROLL CALL OF COUNCILLORS IN ATTENDANCE IV. APPROVAL OF RECORDS PRESENTED BY THE VICE PRESIDENT August 26, 2019 V. COMMUNICATIONS FROM THE MAYOR APPOINTMENTS A measure confirming the Mayor’s reappointment of the following individuals to the Office of Emergency Management: Assistant Directors: Deputy Directors: Richard Gauvin Tom Piper Dan Thibodeau Al Staal ORDERS C-24 Dean J. Mazzarella, Mayor: Request that an appropriation of $117,065.00 made to the Fire Department Capital Outlay Expense Account; same amount to be transferred from the Stabilization Fund. (Finance; 2/3 Vote) VI. PETITIONS FIRST TIME ON THE AGENDA 4-20 Election Order: An Order Relative to the November 5, 2019 Municipal Election. (Ways & Means; Majority Vote) 5-20 National Grid and Verizon New England: Requests to install 1 Jointly Owned Pole and remove 1 Jointly Owned Pole on Hall Street beginning at a point approximately 265 feet west of the centerline of the intersection of West Street and continuing approximately 15 feet in a north direction. (Public Service; Public Hearing TBD; Majority Vote) VII. MATTERS BEFORE CITY COUNCIL VIII. CITY OF LEOMINSTER – FINANCIAL REPORT IX. FINANCE C-19 Dean J. Mazzarella, Mayor: Request that an appropriation of $64,131.00 be made to the School Transportation Expense Account; the same amount to be transferred from the Stabilization Fund. (Finance; Regular Course 8/26/2019; 2/3 Vote) C-20 Dean J. Mazzarella, Mayor: Request that an appropriation of $60,105.12 be made to the School Department Expense Account; same amount to be transferred from the Stabilization Fund. (Finance; Regular Course 8/26/2019; 2/3 Vote) C-21 Dean J. Mazzarella, Mayor: Request that an appropriation of $30,000.00 be made to the School Department Expense Account; same amount to be transferred from the Stabilization Fund. (Finance; Regular Course 8/26/2019; 2/3 Vote) Page 2 Finance, continued C-22 Dean J. Mazzarella, Mayor: Request that an appropriation of $230,700.00 be made to the Sidewalk Expense Account; same amount to be transferred from the Stabilization Fund. (Finance; Regular Course 8/26/2019; 2/3 Vote) X. LEGAL AFFAIRS C-10 Dean J. Mazzarella, Mayor: Request that the Cross-Connection Control Ordinance, Chapter 17, Section 17-18 be updated per the attached document. The adoption of this updated ordinance will help with the safety preservation of the water quality within the City of Leominster water distribution system, which is a continuous goal of the Department of Public Works. (Legal Affairs; Regular Course 08/12/19; Further Time 8/26/2019; Pending Referrals Health; 2/3 Vote) XI. PUBLIC SERVICE 2-20 National Grid and Verizon New England, Inc. to install 2 Jointly Owned poles on Willard Street at a point approximately 50 feet southwest of the centerline of the intersection of Willard St & New Lancaster Road and continuing approximately 150ft in a southwest direction. National Grid to install 2 new poles for Reliability and Solar farm. (Public Service; Regular Course 8/12/2019; Public Hearing 8/26/2019 @ 6:00PM; Further Time 8/26/2019; Majority Vote) 3-20 National Grid to construct a line of underground electric conduits, including the necessary sustaining and protecting fixtures, under and across the public way or ways hereinafter named (Portland Street, Leominster, MA). (Public Service; Regular Course 8/12/2019; Public Hearing 8/26/2019 @ 6:01 P.M.; Further Time 8/26/2019; Majority Vote) XII. WAYS & MEANS A measure confirming the Mayor’s Appointment of Joanne C. D’Onfro to Library Board of Trustees; term to expire 4/15/2022. (Ways & Means; Regular Course 8/26/2019; Majority Vote) C-17 Dean J. Mazzarella, Mayor: Request that Diana Richard be exempt from the provisions of M.G.L. Chapter 268A §20(b) Conflict of Interest. (Ways & Means; Regular Course 6/26/2019; Majority Vote) C-18 Dean J. Mazzarella, Mayor: Request that Cheryl Canedo be exempt from the provisions of M.G.L. Chapter 268A §20(b) Conflict of Interest. (Ways & Means; Regular Course 8/26/2019; Majority Vote) Page 3 XIII. NEW BUSINESS XIV. OLD BUSINESS XV. TABLED PETITIONS UPON WHICH ACTION IS PROPOSED C-24 (FY19) Dean J. Mazzarella, Mayor: Allow Roll On America to connect into the Leominster water system through a Special Act of the Legislature. (Regular Course 11/13/2018; Pending Referrals City Solicitor; Public Hearing 1/14/2018; Further Time 12/10/2018; Tabled for Further Study 1/28/2019; Majority Vote)(Legal Affairs) XVI. COMMUNITY CALENDAR XVII. ADJOURNMENT Katelyn Huffman, City Clerk Page 4

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