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City Council

Regular Meeting

Leominster, MA · September 14, 2020

AgendaMinutes

Minutes

Council President Councillors-at-Large Mark C. Bodanza John Dombrowski Council Vice President Claire M. Freda Gail P. Feckley Susan Chalifoux Zephir 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 – Peter A. Angelini MINUTES CITY OF LEOMINSTER CITY COUNCIL SEPTEMBER 14, 2020 JOHN P. MAHAN CITY COUNCIL CHAMBERS The City Council meeting on September 14, 2020 will be held virtually, by a conference telephone call only. All City Councillors, and members of the public interested in participating in the public forum, or a scheduled public hearing, are requested to call the following number : +1 (224) 501-3412 and enter the following code 491-737-421: (Please note: the call in number and code are different than the call in number and code from the last meeting conducted on August 24, 2020). The meeting will begin promptly at 6:52 PM on Monday, September 14, 2020. The conference phone call will be moderated by the City Council President and all discussion will be strictly limited to matters on the agenda. It is expected that the audio phone call will be broadcast on Leominster Access Television. INTERVIEW, 6:52 P.M. A measure confirming the Mayor’s appointment of Daniel Grammel to the Office of Emergency Management: Operations Unit; volunteer. (Ways & Means; Regular Course 8/24//2020; Majority Vote) The Ways and Means Committee interviewed Mr. Grammel for the position of Emergency Management: Operations Unit; Volunteer. He informed the council that he was a part of the Coast Guard, has assisted in pandemic relief, and is a food pantry volunteer. As a Leominster resident he would like to give back to the community. INTERVIEW, 6:52 P.M. A measure confirming the Mayor’s appointment of William Fisher to the Office of Emergency Management: Operations Unit; volunteer. (Ways & Means; Regular Course 8/24//2020; Majority Vote) The Ways and Means Committee interviewed Mr. Fisher for the position of Emergency Management: Operations Unit; Volunteer. He informed the council that he has worked as a firefighter and EMT for many years and would like to use his skills to give back to the community. PUBLIC HEARING CONTINUED, 6:54 P.M. 8-21 Thomas F. Ardinger, Councillor at Large: Request that a MassDOT approved “Slow Dangerous Curve” sign be placed on the westerly side of Grant Street 100 ft +/- from the northerly intersection of Imperial Avenue and Grant Street. (Legal Affairs; Regular Course 8/10/2020; Public Hearing 8/24/2020 @ 6:53 P.M.; Further Time 8/24/2020; Public Hearing Continued 9/14/2020 @ 6:54 P.M.; 2/3 Vote) The continued public hearing opened at 7:04PM. Councillor Dombrowski noted that the petitioner requested that the City Council give the petition Leave to Withdraw Without Prejudice. He asked three timed whether anyone would like to speak for or against the petition. No one spoke. The public hearing was closed at 7:10PM. 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 opened at 7:10PM. Council President Bodanza asked three times if anyone would like to speak for or against any item listed on the agenda. No one spoke. The public forum closed at 7:11PM. I. REGULAR MEETING OF THE CITY COUNCIL, 7:00 P.M. The regular meeting of the City Council opened at 7:00PM. Councillor David Cormier made a motion for recess. Councillor Angelini seconded the motion. Roll Call Vote: 9-0 the meeting went into recess at 7:04PM. The regular meeting was back in session at 7:11PM. Page 2 II. ROLL CALL OF COUNCILLORS IN ATTENDANCE City Council President Bodanza, City Council Vice President Feckley, Councillor Freda, Councillor Dombrowki, Councillor Angelini, Councillor Ardinger, Councillor Pauline Cormier, Councillor David Cormier, Councillor Chalifoux-Zephir present. Others Present: Katelyn Huffman; City Clerk, Titi Siriphan; Assistant City Clerk. III. APPROVAL OF RECORDS PRESENTED BY THE VICE PRESIDENT • August 24, 2020 – The meeting minutes were approved and placed on file. IV. COMMUNICATIONS FROM THE MAYOR APPOINTMENTS A measure confirming the Mayor’s appointment of Paul Redmond to the position of Treasurer/Collector for the City of Leominster for a term of three years; effective October 5, 2020. (Ways & Means; Regular Course 9/14/2020; Majority Vote) This communication was given regular course. It was also requested that the City Clerk set up an interview with Mr. Redmond on behalf of the City Council and that he provide a resume to the Council before the next meeting. A measure confirming the Mayor’s extended appointment of William Connor as Interim Chief Assessor for an additional sixty (60) days for the City of Leominster until the office can be filled by a permanent appointment. (Ways & Means; Regular Course 9/14/2020; Majority Vote) This Communication was given regular course. ORDERS C-14 Dean J. Mazzarella, Mayor: Request an appropriation of $55,105.00 be made to the Treasurer Salary & Wages Account; the same amount to be transferred from the Stabilization Fund. (Finance; Regular Course 9/14/2020; 2/3 Vote) This Communication was given regular course. Page 3 C-15 Dean J. Mazzarella, Mayor: Request an appropriation of $500,000.00 be made to the Wastewater Capital Outlay Expense Account; the same amount to be transferred from the Stabilization Fund. (Finance; Regular Course 9/14/2020; 2/3 Vote) RE: FY 2019 excess rate proceeds closed out to the General Fund to be used for Capital Outlay purposes. This Communication was given regular course. C-16 Dean J. Mazzarella, Mayor: Request an appropriation of $550,000.00 be made to the Water Department Capital Outlay Expense Account; the same amount to be transferred from the Stabilization Fund. (Finance; Regular Course 9/14/2020; 2/3 Vote) RE: FY 2019 proceeds closed out to General Fund to be used for Morse Dam repair. This Communication was given regular course. C-17 Dean J. Mazzarella, Mayor: Request an appropriation of $10,000.00 be made to the Fire Department Capital Outlay Expense Account; the same amount to be transferred from the Stabilization Fund. (Finance; Regular Course 9/14/2020; 2/3 Vote) This Communication was given regular course. V. PETITIONS FIRST TIME ON THE AGENDA 9-21 Elizabeth Wood, Planning & Development Director: Request to Amend Article VI, Section 22-34: Special Districts Regulations: Floodplain. (Legal Affairs; Regular Course 9/14/2020; 2/3 Vote) This petition was given regular course. A referral to the Planning Board, Conservation Agent, and Building Inspector were requested. 10-21 Ramani M. Ighodaro d/b/a Ramani Motors: Requests a Second Hand Dealers License for Ramani Motors located at 179 Willard Street, #208. (Ways & Means; Regular Course 9/14/2020; Majority Vote) This petition was given regular course. It was noted that the referrals from the Tax Collector and Police were already submitted. Page 4 11-21 Genaro L. Hall d/b/a Scbbuyer: Requests a Second Hand Dealers License for Scbbuyer located at 502 Lancaster Street, suite 102. (Ways & Means; Regular Course 9/14/2020; Majority Vote) This petition was given regular course. It was noted that the referrals from the Tax Collector and Police were already submitted. 12-21 Susan Chalifoux-Zephir, Councillor at Large and Mark Bodanza, Ward 4 Councillor: Requests two Feedback Speed Zone signs to be installed at each end of Hill Street. (Public Service; Regular Course 9/14/2020; Majority Vote) This petition was given regular course with a referral to the DPW and Traffic Agent. 13-21 Susan Chalifoux-Zephir, Councillor at Large and Gail Feckley, Ward 1 Councillor: Request that a crosswalk be installed at Nutting Drive and Prospect Street. (Public Service; Regular Course 9/14/2020; Majority Vote) This petition was given regular course with a referral to the DPW and Traffic Agent. VI. MATTERS BEFORE CITY COUNCIL VII. CITY OF LEOMINSTER – FINANCIAL REPORT a. The balance of the stabilization account was $20,328,861.27. VIII. LEGAL AFFAIRS 8-21 Thomas F. Ardinger, Councillor at Large: Request that a MassDOT approved “Slow Dangerous Curve” sign be placed on the westerly side of Grant Street 100 ft +/- from the northerly intersection of Imperial Avenue and Grant Street. (Legal Affairs; Regular Course 8/10/2020; Public Hearing 8/24/2020 @ 6:53 P.M.; Further Time 8/24/2020; Public Hearing Continued 9/14/2020 @ 6:54 P.M.; 2/3 Vote) The Legal Affairs Committee recommended that the City Council give the petition Leave to Withdraw Without Prejudice. Roll Call Vote: 9-0 the petition was given Leave to Withdraw Without Prejudice. Page 5 IX. WAYS & MEANS APPOINTMENTS A measure confirming the Mayor’s appointment of Daniel Grammel to the Office of Emergency Management: Operations Unit; volunteer. (Ways & Means; Regular Course 8/24//2020; Majority Vote) The Ways and Means Committee recommended that the City Council confirm the appointment of Daniel Grammel. Roll Call Vote: 9-0 the appointment was CONFIRMED. A measure confirming the Mayor’s appointment of William Fisher to the Office of Emergency Management: Operations Unit; volunteer. (Ways & Means; Regular Course 8/24//2020; Majority Vote) The Ways and Means Committee recommended that the City Council confirm the appointment of William Fisher. Roll Call Vote: 9-0 the appointment was CONFIRMED. C-13 Dean J. Mazzarella, Mayor: Request that Diana Richard be exempt from the provisions of M.G.L. Chapter 268A, (20B) Conflict of Interest. (Ways & Means; Regular Course 8/24/2020; Majority Vote) RE: Election Work The Ways and Means Committee recommended that the City Council grant the exemption for Diana Richard. Roll Call Vote: the exemption was GRANTED. X. NEW BUSINESS 1st Reading Ordinance 1-21 David R. Cormier: Request to install a stop sign against southwest bound drivers on Comstock Road at Birchcroft Road. (Legal Affairs; Regular Course 7/13/2020; Further Time 7/27/2020, 8/10/2020; Public Hearing 8/24/2020 @ 6:51 PM; Granted 8/24/2020; 1st Reading 9/14/2020; 2/3 Vote) The Legal Affairs Committee recommended that the City council Adopt the first reading of the ordinance. Roll Call Vote: 9-0 the first reading of the ordinance was ADOPTED. Page 6 1st Reading Ordinance 2-21 David R. Cormier: Request to amend Chapter 13, Section 13-34 to read the following: No parking on Albert Drive. Albert Drive, southbound, from the North intersection of Central Street (rear of 424 Central Street) to the southernmost point of the rear of 444 Central Streets property (right side only). Albert Drive, north bound, along the length of 40 Albert Drive (right side only). (Legal Affairs; Regular Course 7/13/2020; Further Time 7/27/2020, 8/10/2020; Public Hearing 8/24/2020 @ 6:54 PM; Granted as amended 8/24/2020; 1st Reading 9/14/2020; 2/3 Vote) The Legal Affairs Committee recommended that the City Council adopt the first reading of the ordinance. Councillor Freda voiced concern regarding this petition. She informed the Council that she felt this petition would inadvertently hurt residents who live on the street and prevent them from parking on the street in front of their homes. She also informed them that a business is parking excessive amounts of cars along the sides of the street which has caused this petition to take place. She requested that the City Council give this petition further time. Councillor Feckley voiced concern regarding this petition. She also informed the Council about the excessive amount of cars parking on the side of the street because of a business in the area and requested that the petition be given further time. Roll Call Vote: 7-2 (Councillor Freda and Councillor Feckley, NAY) the first reading of the ordinance was ADOPTED. 1st Reading Ordinance 7-21 John Dombrowski, Councillor at Large: Request to amend Chapter 13, Section 13-77 to read the following: Install a stop sign against East bound drivers on Birchcroft Road at Comstock Road. (Legal Affairs; Regular Course 8/10/2020; Public Hearing 8/24/2020 @ 6:52 P.M.; Granted 8/24/2020; 1st Reading 9/14/2020; 2/3 Vote) The Legal Affairs Committee recommended that the City Council adopt the first reading of the ordinance. Roll Call Vote: 9-0 the first reading of the ordinance was ADOPTED. XI. OLD BUSINESS Page 7 • Councillor Freda asked if the City Clerk would find out why the new Treasurer/Collector’s appointment is permanent but the Assessor’s appointment is only a temporary extension. XII. COMMUNITY CALENDAR XIII. ADJOURNMENT The meeting adjourned at 7:48PM. - Katelyn Huffman, City Clerk Page 8

Agenda

Council President Councillors-at-Large Mark C. Bodanza John Dombrowski Council Vice President Claire M. Freda Gail P. Feckley Susan Chalifoux Zephir 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 – Peter A. Angelini CITY OF LEOMINSTER CITY COUNCIL SEPTEMBER 14, 2020 JOHN P. MAHAN CITY COUNCIL CHAMBERS The City Council meeting on September 14, 2020 will be held virtually, by a conference telephone call only. All City Councillors, and members of the public interested in participating in the public forum, or a scheduled public hearing, are requested to call the following number : +1 (224) 501-3412 and enter the following code 491-737-421: (Please note: the call in number and code are different than the call in number and code from the last meeting conducted on August 24, 2020). The meeting will begin promptly at 6:52 PM on Monday, September 14, 2020. The conference phone call will be moderated by the City Council President and all discussion will be strictly limited to matters on the agenda. It is expected that the audio phone call will be broadcast on Leominster Access Television. INTERVIEW, 6:52 P.M. A measure confirming the Mayor’s appointment of Daniel Grammel to the Office of Emergency Management: Operations Unit; volunteer. (Ways & Means; Regular Course 8/24//2020; Majority Vote) INTERVIEW, 6:52 P.M. A measure confirming the Mayor’s appointment of William Fisher to the Office of Emergency Management: Operations Unit; volunteer. (Ways & Means; Regular Course 8/24//2020; Majority Vote) PUBLIC HEARING CONTINUED, 6:54 P.M. 8-21 Thomas F. Ardinger, Councillor at Large: Request that a MassDOT approved “Slow Dangerous Curve” sign be placed on the westerly side of Grant Street 100 ft +/- from the northerly intersection of Imperial Avenue and Grant Street. (Legal Affairs; Regular Course 8/10/2020; Public Hearing 8/24/2020 @ 6:53 P.M.; Further Time 8/24/2020; Public Hearing Continued 9/14/2020 @ 6:54 P.M.; 2/3 Vote) 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. I. REGULAR MEETING OF THE CITY COUNCIL, 7:00 P.M. II. ROLL CALL OF COUNCILLORS IN ATTENDANCE III. APPROVAL OF RECORDS PRESENTED BY THE VICE PRESIDENT • August 24, 2020 IV. COMMUNICATIONS FROM THE MAYOR APPOINTMENTS A measure confirming the Mayor’s appointment of Paul Redmond to the position of Treasurer/Collector for the City of Leominster for a term of three years; effective October 5, 2020. (Ways & Means; Regular Course 9/14/2020; Majority Vote) A measure confirming the Mayor’s extended appointment of William Connor as Interim Chief Assessor for an additional sixty (60) days for the City of Leominster until the office can be filled by a permanent appointment. (Ways & Means; Regular Course 9/14/2020; Majority Vote) ORDERS C-14 Dean J. Mazzarella, Mayor: Request an appropriation of $55,105.00 be made to the Treasurer Salary & Wages Account; the same amount to be transferred from the Stabilization Fund. (Finance; Regular Course 9/14/2020; 2/3 Vote) C-15 Dean J. Mazzarella, Mayor: Request an appropriation of $500,000.00 be made to the Wastewater Capital Outlay Expense Account; the same amount to be transferred from the Stabilization Fund. (Finance; Regular Course 9/14/2020; 2/3 Vote) RE: FY 2019 excess rate proceeds closed out to the General Fund to be used for Capital Outlay purposes. Page 2 COMMUNICATIONS FROM THE MAYOR, continued C-16 Dean J. Mazzarella, Mayor: Request an appropriation of $550,000.00 be made to the Water Department Capital Outlay Expense Account; the same amount to be transferred from the Stabilization Fund. (Finance; Regular Course 9/14/2020; 2/3 Vote) RE: FY 2019 proceeds closed out to General Fund to be used for Morse Dam repair. C-17 Dean J. Mazzarella, Mayor: Request an appropriation of $10,000.00 be made to the Fire Department Capital Outlay Expense Account; the same amount to be transferred from the Stabilization Fund. (Finance; Regular Course 9/14/2020; 2/3 Vote) V. PETITIONS FIRST TIME ON THE AGENDA 9-21 Elizabeth Wood, Planning & Development Director: Request to Amend Article VI, Section 22-34: Special Districts Regulations: Floodplain. (Legal Affairs; Regular Course 9/14/2020; 2/3 Vote) 10-21 Ramani M. Ighodaro d/b/a Ramani Motors: Requests a Second Hand Dealers License for Ramani Motors located at 179 Willard Street, #208. (Ways & Means; Regular Course 9/14/2020; Majority Vote) 11-21 Genaro L. Hall d/b/a Scbbuyer: Requests a Second Hand Dealers License for Scbbuyer located at 502 Lancaster Street, suite 102. (Ways & Means; Regular Course 9/14/2020; Majority Vote) 12-21 Susan Chalifoux-Zephir, Councillor at Large and Mark Bodanza, Ward 4 Councillor: Requests two Feedback Speed Zone signs to be installed at each end of Hill Street. (Public Service; Regular Course 9/14/2020; Majority Vote) 13-21 Susan Chalifoux-Zephir, Councillor at Large and Gail Feckley, Ward 1 Councillor: Request that a crosswalk be installed at Nutting Drive and Prospect Street. (Public Service; Regular Course 9/14/2020; Majority Vote) VI. MATTERS BEFORE CITY COUNCIL VII. CITY OF LEOMINSTER – FINANCIAL REPORT Page 3 VIII. LEGAL AFFAIRS 8-21 Thomas F. Ardinger, Councillor at Large: Request that a MassDOT approved “Slow Dangerous Curve” sign be placed on the westerly side of Grant Street 100 ft +/- from the northerly intersection of Imperial Avenue and Grant Street. (Legal Affairs; Regular Course 8/10/2020; Public Hearing 8/24/2020 @ 6:53 P.M.; Further Time 8/24/2020; Public Hearing Continued 9/14/2020 @ 6:54 P.M.; 2/3 Vote) IX. WAYS & MEANS APPOINTMENTS A measure confirming the Mayor’s appointment of Daniel Grammel to the Office of Emergency Management: Operations Unit; volunteer. (Ways & Means; Regular Course 8/24//2020; Majority Vote) A measure confirming the Mayor’s appointment of William Fisher to the Office of Emergency Management: Operations Unit; volunteer. (Ways & Means; Regular Course 8/24//2020; Majority Vote) C-13 Dean J. Mazzarella, Mayor: Request that Diana Richard be exempt from the provisions of M.G.L. Chapter 268A, (20B) Conflict of Interest. (Ways & Means; Regular Course 8/24/2020; Majority Vote) RE: Election Work X. NEW BUSINESS 1st Reading Ordinance 1-21 David R. Cormier: Request to install a stop sign against southwest bound drivers on Comstock Road at Birchcroft Road. (Legal Affairs; Regular Course 7/13/2020; Further Time 7/27/2020, 8/10/2020; Public Hearing 8/24/2020 @ 6:51 PM; Granted 8/24/2020; 1st Reading 9/14/2020; 2/3 Vote) 1st Reading Ordinance 2-21 David R. Cormier: Request to amend Chapter 13, Section 13-34 to read the following: No parking on Albert Drive. Albert Drive, southbound, from the North intersection of Central Street (rear of 424 Central Street) to the southernmost point of the rear of 444 Central Streets property (right side only). Albert Drive, north bound, along the length of 40 Albert Drive (right side only). (Legal Affairs; Regular Course 7/13/2020; Further Time 7/27/2020, 8/10/2020; Public Hearing 8/24/2020 @ 6:54 PM; Granted as amended 8/24/2020; 1st Reading 9/14/2020; 2/3 Vote) Page 4 NEW BUSINESS, continued 1st Reading Ordinance 7-21 John Dombrowski, Councillor at Large: Request to amend Chapter 13, Section 13-77 to read the following: Install a stop sign against East bound drivers on Birchcroft Road at Comstock Road. (Legal Affairs; Regular Course 8/10/2020; Public Hearing 8/24/2020 @ 6:52 P.M.; Granted 8/24/2020; 1st Reading 9/14/2020; 2/3 Vote) XI. OLD BUSINESS XII. COMMUNITY CALENDAR XIII. ADJOURNMENT - Katelyn Huffman, City Clerk Page 5

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