City Council

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 MONDAY, APRIL 26, 2021 JOHN P. MAHAN CITY COUNCIL CHAMBERS The City Council meeting on April 26, 2021 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 (571) 317-3122 and enter the following code 399-177-893 (Please note: the call in number and code are different than the call in number and code from the last meeting conducted on April 12, 2021). The meeting will begin promptly at 6:55 PM on Monday, April 26, 2021. 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. 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. Gregory Chapdelaine, Purchasing Agent, spoke about C-76 and that he will be in attendance for any questions that he can answer. I. REGULAR MEETING OF THE CITY COUNCIL, 7:00 P.M. The regular meeting of the City Council opened at 7:00PM. II. ROLL CALL OF COUNCILLORS IN ATTENDANCE PRESENT: Council President, Mark Bodanza; Councillor Claire Freda; Councillor Pauline Cormier; Councillor Thomas Ardinger; Councillor John Dombrowski; Councillor Susan Chalifoux Zephir; Councillor Peter Angelini; Councillor David Cormier. ABSENT: Council Vice-President, Gail Feckley. Others Present: Katelyn Huffman, City Clerk; Dianne Reardon, Assistant City Clerk; Gregory Chapdelaine. III. APPROVAL OF RECORDS PRESENTED BY THE VICE PRESIDENT • March 22, 2021 • April 12, 2021 Council President Bodanza indicated that the approval of minutes will be given further time. IV. COMMUNICATIONS FROM THE MAYOR ORDERS C-77 Dean J. Mazzarella, Mayor: Request that an appropriation of $450,000.00 be made to the Wire Department Capital Outlay Expense Account; the same amount to be transferred from the Stabilization Fund. RE: Improvements at the intersection of Nelson Street and North Main Street. (Finance; Regular Course; 04/26/2021; 2/3 Vote) This communication was given REGULAR COURSE. Councillor David Cormier made a motion, seconded by Councillor Pauline Cormier, to change the number of this communication from C-77 to C-78. The motion was GRANTED with a roll call vote of 8-0. APPOINTMENTS: Dean J. Mazzarella, Mayor; request the reappointment of Andriana Fotakis, to the Council on Aging, term to expire 04/15/2024. (Ways & Means; Regular Course; 04/26/2021; Majority Vote) This appointment was given REGULAR COURSE. Dean J. Mazzarella, Mayor; request the reappointment of Betty David, to the Council on Aging, term to expire 04/15/2024. (Ways & Means; Regular Course; 04/26/2021; Majority Vote) Page 2 This appointment was given REGULAR COURSE. Dean J. Mazzarella, Mayor; request the reappointment of Larry Gianakis Sr., to Council on Aging, term to expire 04/15/2024. (Ways & Means; Regular Course; 04/26/2021; Majority Vote) This appointment was given REGULAR COURSE. Dean J. Mazzarella, Mayor; request the reappointment of Rodney Schaffer, to the Cultural Commission, term to expire 04/15/2024. (Ways & Means; Regular Course; 04/26/2021; Majority Vote) This appointment was given REGULAR COURSE. Dean J. Mazzarella, Mayor; request the reappointment of Chester Carter, to the Historical Commission, term to expire 04/15/2024. (Ways & Means; Regular Course; 04/26/2021; Majority Vote) This appointment was given REGULAR COURSE. Dean J. Mazzarella, Mayor; request the reappointment of Michael Kerrigan, to the Historical Commission, term to expire 04/15/2024. (Ways & Means; Regular Course; 04/26/2021; Majority Vote) This appointment was given REGULAR COURSE. Dean J. Mazzarella, Mayor; request the reappointment of Patrick LaPointe, to the Historical Commission, term to expire 04/15/2024. (Ways & Means; Regular Course; 04/26/2021; Majority Vote) This appointment was given REGULAR COURSE. Dean J. Mazzarella, Mayor; request the reappointment of Ronald Girouard, to the Historical Commission, term to expire 04/15/2024. (Ways & Means; Regular Course; 04/26/2021; Majority Vote) This appointment was given REGULAR COURSE. Dean J. Mazzarella, Mayor; request the reappointment of Mark Bodanza, to the Library Board of Trustees, term to expire 04/15/2024. (Ways & Means; Regular Course; 04/26/2021; Majority Vote) This appointment was given REGULAR COURSE. Page 3  Dean J. Mazzarella, Mayor; request the reappointment of Lawrence L. Nfor, to the Library Board of Trustees, term to expire 04/15/2024. (Ways & Means; Regular Course; 04/26/2021; Majority Vote) This appointment was given REGULAR COURSE. V. PETITIONS FIRST TIME ON THE AGENDA 61-21 Entertainment Cinemas Blvd: Request to renew theater license located at 45 Sack Blvd. (Ways and Means; Regular Course 04/26/2021; Majority Vote) This petition was given REGULAR COURSE. 62-21 Protechs Solutions: Request to renew license to deal secondhand articles at 345 Central Street. (Ways and Means; Regular Course 04/26/2021; Majority Vote) This petition was given REGULAR COURSE. 63-21 Massachusetts Electric Company d/b/a/ National Grid requests permission to locate poles, wires, and fixtures, including the necessary sustaining and protecting fixtures, along and across the following public way: Queens Rd - Massachusetts Electric Company d/b/a/ National Grid to install 1 SO Pole on Queens Rd beginning at a point approximately 30' feet east of the centerline of the intersection of Elm St and continuing approximately 24 feet in a north direction. Install 1 Stub Pole with anchor to support an existing pole line due to the residence of 40 Queens Rd removing a tree that has an existing guy wire installed in it. (Public Service; Regular Course; 04/26/2021; Public Hearing 05/10/2021 6:41 PM; Majority Vote). This petition was given REGULAR COURSE and a public hearing was set for May 10, 2021 at 6:41 PM. Roll Call Vote: 8-0. PETITIONS FIRST TIME ON THE AGENDA, CONTINUED 64-21 Massachusetts Electric Company d/b/a/ National Grid requests permission to locate poles, wires, and fixtures, including the necessary sustaining and protecting fixtures along and across the following public way: White St - Page 4  National Grid to install 1 SO Pole on White Street beginning at a point approximately 290' feet south of the centerline of the intersection of Ridgewood Dr and continuing approximately 15 feet in an east direction. Install new poles #6 with anchor to service MBTA meter pole. (Public Service; Regular Course; 04/26/2021; Public Hearing 05/10/2021 6:42 PM; Majority Vote). This petition was given REGULAR COURSE and a public hearing was set for May 10, 2021 at 6:42 PM. Roll Call Vote: 8-0. 65-21 Massachusetts Electric Company d/b/a National Grid requests permission to excavate the public highways and to run and maintain underground electric conduits, together with such sustaining and protecting fixtures as it may find necessary for the transmission of electricity, said underground conduits to be located substantially in accordance with the plan filed herewith marked - Hamilton St - Leominster - Massachusetts. The following are the streets and highways referred to: Plan number #25301479 Hamilton St - Install conduit from MH # 5385 on Main St to MH # 5384 on Hamilton St. Install conduit from MH # 5384 on Hamilton St to Riser Pole 44 on Hamilton St. Install conduit form MH # 5384 to Riser Pole 66 on Main St. (Public Service; Regular Course; 04/26/2021; Public Hearing 05/10/2021 6:43 PM; Majority Vote). This petition was given REGULAR COURSE and a public hearing was set for May 10, 2021 at 6:43 PM. Roll Call Vote: 8-0. PETITIONS FIRST TIME ON THE AGENDA, CONTINUED 66-21 Massachusetts Electric Company d/b/a National Grid requests to excavate the public highways and to run and maintain underground electric conduits, together with such sustaining and protecting fixtures as it may find necessary for the transmission of electricity, said underground Page 5  conduits to be located substantially in accordance with the plan filed herewith marked - Nashua St - Leominster - Massachusetts. The following are the streets and highways referred to: Plan number #25301479 Nashua St - Install conduit form MH # 5385 on Main St to MH # 5230. MH # 5230 to be installed on Nashua St. From MH5230 on Nashua St, install conduit to MH # 5383 on Main St. (Public Service; Regular Course; 04/26/2021; Public Hearing 05/10/2021 6:44 PM; Majority Vote). This petition was given REGULAR COURSE and a public hearing was set for May 10, 2021 at 6:44 PM. Roll Call Vote: 8-0. 67-21 Massachusetts Electric Company d/b/a National Grid requests to excavate the public highways and to run and maintain underground electric conduits, together with such sustaining and protecting fixtures as it may find necessary for the transmission of electricity, said underground conduits to be located substantially in accordance with the plan filed herewith marked - Prospect St - Leominster - Massachusetts. The following are the streets and highways referred to: Plan number #25301479 Prospect St - From MH # 5386 on Main St, install conduit to MH # 5387 on Prospect St. Install MH # 5387 on Prospect St. (Public Service; Regular Course; 04/26/2021; Public Hearing 05/10/2021 6:45 PM; Majority Vote). This petition was given REGULAR COURSE and a public hearing was set for May 10, 2021 at 6:45 PM. Roll Call Vote: 8-0. 68-21 Massachusetts Electric Company d/b/a National Grid requests to excavate the public highways and to run and maintain underground electric conduits, together with such necessary sustaining and protecting fixtures as it may find necessary for the transmission of electricity, said underground conduits to be located substantially in accordance with the plan filed herewith marked - River St - Leominster - Massachusetts. Plan number #25301479 River St - From MH # 5383 on Main St, install conduit to MH # 5382 on River St. Install MH # 5382 on River St. From MH # 5382 on River St, install conduit to Riser Pole 2 on River St. (Public Service; Regular Course; 04/26/2021; Public Hearing 05/10/2021 6:46 PM; Majority Vote). This petition was given REGULAR COURSE and a public hearing was set for May 10, 2021 at 6:46 PM. Roll Call Vote: 8-0. 69-21 Sterling Jewelers Inc. DBA Kay Jewelers #1285: Request to renew license to deal secondhand articles at 100 Commercial Road (Mall at Whitney Field) (Ways & Means; Regular Couse; 04/26/2021; Pending Referrals; Police, Treasurer; Majority Vote) Page 6  This petition was given REGULAR COURSE 70-21 Angela Chebuske, Conservation Agent: Request to Amend Chapter 21 of the Revised Ordinances Entitled “Water and Sewers”, Article VI Stormwater and Erosion Control Regulations and Stormwater Ordinance, by inserting new definitions and updating the language as attached. (Legal Affairs; Regular Course; 04/26/2021; Public Hearing; May 10, 2021 @ 6:30PM; 2/3 Vote) This petition was given REGULAR COURSE, with referrals from the Conservation Commission, Planning Board and Department of Public Works, and a public hearing was set for May 10, 2021 at 6:30 PM. Roll Call Vote: 8-0. VI. MATTERS BEFORE THE CITY COUNCIL VII. CITY OF LEOMINSTER – FINANCIAL REPORT a. A financial report was not available for this meeting. VIII. FINANCE C-70 Dean J. Mazzarella, Mayor: Request that an appropriation of $35,000.00 be made to the Assessor's Expense Account, the same amount to be transferred from the Assessor's Salary and Wages Account. RE: Appraisal services for Whitney Field abatement and cyclical inspection services of all properties. (Finance; Regular Course; 04/12/2021; Majority Vote) Finance Chair Councillor David Cormier spoke about the mall valuation and how the Division of Local Services (DLS) recommends the appraisals of all malls. Councillor Freda supports this communication. She would like to know the revenue loss that could be suffered. Councillor David Cormier answered that, in his conversation with Bill Connor, the thought is that the loss would be minimal. The Finance Subcommittee recommended that the City Council GRANT the communication. A roll call vote was taken, and it was GRANTED with a vote of 8-0. Page 7  ORDERED: By a Roll Call Vote of 8-0 the order was ADOPTED. C-71 Dean J. Mazzarella, Mayor: Request that an appropriation of $50,000 be made to the Municipal Building Expense Account; the same amount to be transferred from the Stabilization Fund. RE: To fund building improvements for city buildings including 210 Lancaster Street. (Finance; Regular Course; 04/12/2021; 2/3 Vote) Councillor David Cormier read a letter from Peter Niall which explained what these funds will be used for. The Finance Subcommittee recommended that the City Council GRANT the communication. A roll call vote was taken, and it was GRANTED with a vote of 8-0. ORDERED: By a Roll Call Vote of 8-0 the order was ADOPTED. C-72 Dean J. Mazzarella, Mayor: Request that an appropriation of $17,070.00 be made to the Municipal Building Expense Account; the same amount to be transferred from the Stabilization Fund. RE: Additional bat removal costs at 210 Lancaster Street (Finance; Regular Course; 04/12/2021; 2/3 Vote) Councillor Chalifoux Zephir brought attention to the backup letter and the money order request being contradictory. Councillor David Cormier will investigate. The Finance Subcommittee recommended FURTHER TIME. A roll call vote was taken, and the petition was given FURTHER TIME with a vote of 8- 0. C-73 Dean J. Mazzarella, Mayor: Request that an appropriation of $108,250.00 be made to the Fire Department Capital Outlay Expense Account; the same amount to be transferred from the Stabilization Fund. RE: Digitize System Fire Alarm Equipment (Finance; Regular Course; 04/12/2021; 2/3 Vote) Councillor David Cormier spoke on the age of the current equipment and the portability of the new equipment. The Finance Subcommittee recommended that the City Council GRANT the communication. A roll call vote was taken, and it was GRANTED with a vote of 8-0. ORDERED: By a Roll Call Vote of 8-0 the order was ADOPTED. C-74 Dean J. Mazzarella, Mayor: Request that an appropriation of $4,000 be made to the Planning Department Expense Account; the same amount to Page 8  be transferred from the Stabilization Fund. RE: Professional review of submitted documents (Finance; Regular Course; 04/12/2021; 2/3 Vote) Councillor David Cormier spoke about a challenge for a subdivision that will need to be finalized. The Finance Subcommittee recommended that the City Council GRANT the communication. A roll call vote was taken, and it was GRANTED with a vote of 8-0. ORDERED: By a Roll Call Vote of 8-0 the order was ADOPTED. C-75 Dean J. Mazzarella, Mayor: Request that an appropriation of $6,000 be made to the Planning Department Salary and Wages Account; the same amount to be transferred from the Stabilization Fund. RE: To increase hours for Administrative Assistant on a temporary basis. (Finance; Regular Course; 04/12/2021; 2/3 Vote) Councillor Freda asked if $6000 would be enough. Councillor David Cormier answered that this amount should get us to the end of the fiscal year. The Finance Subcommittee recommended that the City Council GRANT the communication. A roll call vote was taken, and it was GRANTED with a vote of 8-0. ORDERED: By a Roll Call Vote of 8-0 the order was ADOPTED. C-77 Dean J. Mazzarella, Mayor: Request than an appropriation of $250,000.00 be made to the Fire Department Overtime Account; the same amount to be transferred from the Stabilization Fund. RE: Emergency Preamble TO BE RATIFIED. (Finance; Regular Course; 04/12/2021; 2/3 Vote) Councillor Pauline Cormier explained the reason for this Emergency Preamble being required training and injuries to staff and recommended RATIFICATION of the communication. A roll call vote was taken, and the communication was RATIFIED with a vote of 7-0 (Councillor David Cormier abstained). IX. LEGAL AFFAIRS Page 9  C-63 Dean J. Mazzarella, Mayor: Request that the City Council establish the creation of a Human Rights Commission for the City of Leominster. (Legal Affairs; Regular Course; 03/08/2021; Further Time 03/22/2021;04/12/2021;04/26/2021; Subcommittee Mtg 4/21/2021; 05/12/2021 @ 5:00PM Majority Vote) Councillor Dombrowski notified the City Council of the Legal Affairs Subcommittee meeting scheduled for May 12, 2021 at 5:00 PM, as well as the deadline for suggestions/modifications to the Ordinance that is currently being drafted. The Legal Affairs Subcommittee recommended FURTHER TIME. A roll call vote was taken, and it passed with a vote of 8-0. C-76 Dean J. Mazzarella, Mayor – Request the City of Leominster to REVISE Ordinance, Chapter 16 – Personnel, Article 11 – Personnel, Wage and Salary Plan, Division 3 – Classification Plan, Section 16-34 “Classification of positions” be amended, effective 07/01/2021 by deleting in its entirety from the existing table: Class Title Classification Purchasing Agent S-8 Nurse, Public Health S-5 Code Enforcement Inspector S-6 Plumbing Inspector S-7 City Treasurer Collector, Assistant S-5 And inserting in their place the following: Class Title Classification Purchasing Agent S-10 Nurse, Public Health S-7 Code Enforcement Inspector S-7 Plumbing Inspector S-8 City Treasurer Collector, Assistant S-6 And by also inserting a new class title and classification as follows: Class Title Classification Business Development Coordinator S-7 (Legal Affairs; Regular Course; 04/12/2021; Public Hearing May 10, 2021 @ 6:25 PM; Majority Vote) Councillor Dombrowski announced the public hearing, set for May 10, 2021 at 6:25 PM. Page 10  Councillor Freda asked what the purpose of the Business Development Coordinator was? Councillor Dombrowski will ask the Mayor to explain the new position. Councillor Freda asked about other positions that are missing. She asked what the pay range for S7 was. City Clerk, Katelyn Huffman, said the S7 pay range is $62,430 - $80,575 with seven steps. Councillor Dombrowski added that these questions will be addressed at the public hearing. The Legal Affairs Subcommittee recommended FURTHER TIME, and a public hearing was set for May 10, 2021 at 6:25 PM. A roll call vote was taken, and it passed with a vote of 8-0. X. NEW BUSINESS XI. OLD BUSINESS XII. COMMUNITY CALENDAR XIII. ADJOURNMENT A motion was made by Councillor Chalifoux Zephir, seconded by Councillor David Cormier, to adjourn the meeting at 7:53 PM. A roll call vote was taken and passed 8-0. - Katelyn Huffman, City Clerk - Dianne Reardon, Assistant City Clerk Page 11