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, MAY 24, 2021 JOHN P. MAHAN CITY COUNCIL CHAMBERS The City Council meeting on May 24, 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 (872) 240-3212 and enter the following code 991-669-941 (Please note: the call in number and code are different than the call in number and code from the last meeting conducted on May 10, 2021). The meeting will begin promptly at 6:50 PM on Monday, May 24, 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. MOMENT OF SILENCE Council President, Mark Bodanza, asked for a moment of silence in memory of Ward 1 Councillor, Gail P. Feckley. PUBLIC HEARING, 6:50 PM 73-21 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 - Mechanic St & Mt Pleasant Ave – Leominster Massachusetts. The following are the streets and highways referred to: Plan number# 30363626 Mechanic St & Mt Pleasant Ave - Rebuilding MH #5 at the corner of Mechanic St and Water St. Installation of conduit under the road going east down Mechanic St towards Mt Pleasant Ave to a new manhole #5373 about 250'. Installation on about 300' of conduit from MH #5373 up Mt Pleasant St to new MH #5372 on customer property for Switch Gear to be used in renovation of downtown underground system in the future. Will also becoming off of pole # 3 with conduit about 100' to MH # 5372 and out of Transformer #3 about next to MH #5372 about 100' to go across the street and service customer owned HH on private property located at the rear of #37 Mechanic St. (Public Service; Regular Course; 05/10/2021; Public Hearing 05/24/2021 6:50 PM; Majority Vote). The public hearing opened at 6:50PM. Mark Tapply from National Grid was available to speak on this project. He explained that National Grid has been working with the DPW and the wire inspector, trying to do the work before the final coat of pavement was done. This work is to service 37 Mechanic Street and also the switchgear program to convert to real underground system. He is aware that there is a need to have curb to curb repavement. Councillor Freda knows the scope of the work needed by 37 Mechanic Street. She felt there could be clearer communication between National Grid and the DPW. She would like to see this project completed in the fall. She requested a letter from National Grid, committing to paying for paving and a commitment to the timeline of fall completion. Mr. Tapley said that he will need to speak to his supervisor to be sure these items can be agreed upon. Councillor Freda felt it was disheartening to dig up fresh pavement. Mr. Tapley agreed to get commitments in writing for Public Service approval. Councillor Pauline Cormier asked what the timeline for completion was for a project of this scope. Mr. Tapley did not want to commit to a timeframe, as he had never done a project like this one before. He will get an updated timeline. Councillor Chalifoux Zephir asked if they have the civil engineering plan. Page 2  Mr. Tapley replied that he does not have that plan. Councillor Chalifoux Zephir wants assurance that the production manager will work out the traffic flow with the Police Department, as this is a very busy area. Mr. Tapley will speak to his supervisor about all the mentioned issues. Councillor Freda asked three times for any input for or against this petition, with no responses. The Public Service Committee will recommend FURTHER TIME and a continuation of the public hearing on June 14, 2021. 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. Council President Bodanza opened the Public Forum at 7:07PM. He asked three times if anyone from the public would like to speak for or against any matter listed on the agenda. No one spoke. The public forum closed at 7:08pm. I. REGULAR MEETING OF THE CITY COUNCIL, 7:00 P.M. The regular meeting of the City Council opened at 7:00PM. Councillor Pauline Cormier made a motion to recess. Councillor David Cormier seconded the motion. Roll Call Vote: 8-0 the Council went into recess at 7:02PM. The regular meeting of the City Council reconvened at 7:08PM. II. ROLL CALL OF COUNCILLORS IN ATTENDANCE PRESENT: Council President Bodanza, Councillor Freda, Councillor Dombrowski, Councillor Susan Chalifoux Zephir, Councillor Angelini, Councillor Ardinger, Councillor Pauline Cormier, Councillor David Cormier III. APPROVAL OF RECORDS • May 10, 2021 Page 3  Councillor Freda declared the minutes ready for filing. IV. COUNCIL REORGANIZATION, ELECTION OF SUCCESSOR VICE- PRESIDENT Council President Bodanza spoke on the unfortunate loss of Ward 1 Councillor, Gail P. Feckley. He spoke about nominations for the position of Vice President of the City Council. Councillor Freda said that filling the successor of Vice President was not called for in the City Charter or the Council Rules. Councillor Bodanza explained that this is an important position that needs to be filled. Councillor Chalifoux Zephir read the Charter language that included electing a President and Vice President of the Council. She added that there is no language regarding filling the vacancy. Councillor Bodanza spoke about Councillor Wayne Nickel and Councillor Magane, both having passed away while in office. He explained that because the rules are not prescribed does not prevent the Council from reorganizing. Councillor Freda felt it was disrespectful to see the reorganization of the Council on an agenda on a Thursday before Ms. Feckley was buried. She felt that the nameplate and title should remain in her space in Chambers until there is a Ward 1 successor. Council President Bodanza stated that he had total umbrage to what Councillor Freda said. He explained the removal of the nameplate by her family. He added that there is a floral arrangement in her honor at her spot. Election of Council Vice-President Councillor Freda informed the Council that there was already a vehicle in place to use. If the President was not present, and there was no Vice-President, then the senior member of the Council can step in. Council President Bodanza opened nominations for Vice President. Councillor David Cormier was nominated by Councillor Angelini, seconded by Councillor Pauline Cormier. Page 4  Councillor Freda was nominated by Councillor Dombrowski, seconded by Councillor Chalifoux Zephir. A motion was made by Councillor Ardinger, seconded by Councillor Pauline Cormier, to close the nominations. Roll Call Vote 8-0. Councillor Freda asked for her name to be withdrawn for consideration for the Vice President position. A roll call vote was taken and Councillor David Cormier was elected Council Vice-President by Roll Call Vote of 6-2 (Councillor Freda and Councillor Chalifoux Zephir NAY). V. COMMITTEE REASSIGNMENTS Council President Bodanza said that the City Clerk would send the new committee assignments to the Councillors via email later this evening. VI. COMMUNICATIONS FROM THE MAYOR APPOINTMENTS: Dean J. Mazzarella, Mayor; request the appointment of Leon Christoforo, to the Historical Commission, Term to expire 04/15/2024. (Ways and Means; Regular Course 05/24/2021; Interview 06/14/2021 at 6:40 PM; Majority Vote) The Ways and Means Committee gave this REGULAR COURSE and set an interview for June 14, 2021 at 6:40 PM. Dean J. Mazzarella, Mayor; request the confirmation of the permanent appointment of Jennifer Reddington to the position of Comptroller for the City of Leominster for a term of three years, effective June 21, 2021. (Ways and Means; Regular Course 05/24/2021; Mayor’s Office request for resume; Interview 06/14/2021 at 6:35 PM; Majority Vote) The Ways and Means Committee gave this REGULAR COURSE and set an interview for June 14, 2021 at 6:35 PM. There is also a request for a resume. ORDERS: Page 5 C-85 Dean J. Mazzarella, Mayor: Request that an appropriation of $1,000,000.00 to be made to the Street Resurfacing Expense Account; the same amount to be transferred from the Stabilization Fund. (Finance; Regular Course 05/24/2021; Pending: List of Streets from Mayor’s Office; 2/3 Vote) The Finance Committee gave this REGULAR COURSE. C-86 Dean J. Mazzarella, Mayor: Request that an appropriation of $100,000.00 to be made to the Library Building & Grounds and Books Expense Account; the same amount to be transferred from the Salary and Wages Account. RE: Repairs and Upgrades (Finance; Regular Course 05/24/2021; Majority Vote) The Finance Committee gave this REGULAR COURSE. EMERGENCY PREAMBLES: C-84 Dean J. Mazzarella, Mayor: Request that an appropriation of $100,000.00 to be made to the Fire Overtime account; the same amount to be transferred from the Stabilization Account. RE: Supplemental Appropriation (Finance; Regular Course 05/24/2021; 2/3 Vote) Councillor David Cormier abstained from this communication. Councillor Pauline Cormier explained the overtime costs. The Fire Department does not want to negative spend their wages account and they have contract obligations. A roll call vote was taken, and it was voted 7-0-1 (Councillor David Cormier abstained) in favor of 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 7-0-1(Councillor David Cormier abstained). ORDERED: By a Roll Call Vote of 7-0-1(Councillor David Cormier abstained) the order was ADOPTED. Page 6 C-91 Dean J. Mazzarella, Mayor: Request that an appropriation of $100,000.00 to be made to the Fire Overtime account; the same amount to be transferred from the Fire Department Salary and Wages Account. RE: Supplemental Appropriation (Finance; Regular Course 05/24/2021; 2/3 Vote) Councillor David Cormier abstained from this Order. Councillor Pauline Cormier explained that this Order mirrors C-84. A roll call vote was taken, and it was voted 7-0-1(Councillor David Cormier abstained) in favor of 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 7-0-1(Councillor David Cormier abstained). ORDERED: By a Roll Call Vote of 7-0-1(Councillor David Cormier abstained) the order was ADOPTED. CDBG BUDGET: C-87 Dean J. Mazzarella, Mayor; submitted the proposed CDBG Budget/Action Plan for the City of Leominster - Year 47. (Ways and Means; Regular Course 05/24/2021; Public Hearing 06/14/2021 at 6:45 PM; Majority Vote) The Ways and Means Committee gave this REGULAR COURSE and set a public hearing for June 14, 2021 at 6:45 PM with a roll call vote of 8-0. RESOLUTIONS: C-88 Dean J. Mazzarella, Mayor; request that the City Council accept the North Main Street Alteration Project Resolution. (Ways and Means; Regular Course 05/24/2021; Majority Vote) The Ways and Means Committee gave this REGULAR COURSE. C-90 Dean J. Mazzarella, Mayor; request that the City Council ADOPT the Resolution to authorize the Superintendent to submit the Statement of Interest Form to the Massachusetts School Building Authority. (Ways and Means; Regular Course 05/24/2021; Majority Vote) Page 7  The Ways and Means Committee gave this REGULAR COURSE. SPECIAL ACT: C-89 Dean J. Mazzarella, Mayor; request that the City Council ADOPT the attached Home Rule petition. RE: Police Detail Reform (Legal Affairs; Regular Course 05/24/2021; Public Hearing 06/14/2021 at 6:50 PM; Majority Vote) The Legal Affairs Committee gave this REGULAR COURSE and set a public hearing for June 14, 2021 at 6:50 PM with a vote of 8-0. There was a request for REFERRALS to the Police Chief and the Mayor’s Office. Councillor Freda also requested an explanation from Representative Higgins’ office as to what happened the last time. VII. PETITIONS FIRST TIME ON THE AGENDA VIII. MATTERS BEFORE THE CITY COUNCIL IX. CITY OF LEOMINSTER – FINANCIAL REPORT Councillor David Cormier reported that there should be more information at the next meeting. The appropriations will be coming. Councillor Freda is anticipating the free cash sum. Councillor Freda asked about the information she requested at last meeting regarding the discrepancy in amounts in the 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. Councillor David Cormier did not receive this information yet. X. FINANCE C-79 Dean J. Mazzarella, Mayor: Request that an appropriation of $250,000.00 be made to the Sidewalk Expense Account; the same amount to be transferred from the Stabilization Fund. Page 8  (Finance; Regular Course; 05/10/2021; DRAFT List of Streets received; 2/3 Vote) The Finance Committee recommended that the City Council GRANT the ORDER. 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-80 Dean J. Mazzarella, Mayor: Request that an appropriation of $12,000.00 be made to the City Council Expense Account; the same amount to be transferred from the Stabilization Fund. RE: City Council advertising budget. (Finance; Regular Course; 05/10/2021; 2/3 Vote) The Finance Committee recommended that the City Council GRANT the ORDER. 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-81 Dean J. Mazzarella, Mayor: Request that an appropriation of $48,000.00 be made to the Police Department Salary & Wages Account; the same amount to be transferred from the Collective Bargaining Expense Account. RE: Shortfalls (Finance; Regular Course; 05/10/2021; Majority Vote) The Finance Committee recommended that the City Council GRANT the ORDER. 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-82 Dean J. Mazzarella, Mayor: Request that an appropriation of $100,000.00 be made to the Police Department Overtime Account; the same amount to be transferred from the Stabilization Fund. RE: Prevent negative spending. TO BE RATIFIED (Finance; Regular Course; 05/10/2021; 2/3 Vote) Councillor David Cormier explained the reason for this Emergency Preamble being required training for police reform and recommended RATIFICATION of the communication. The Finance Committee recommended RATIFICATION of the communication. A roll call vote was taken, and the communication was RATIFIED with a vote of 8-0. Page 9  C-83 Dean J. Mazzarella, Mayor: Request that an appropriation of $28,000.00 be made to the Personnel Contract Services Account; the same amount to be transferred from the Stabilization Fund. RE: Assessment center for promotional exams for Police Sergeant, Police Lieutenant and Fire Lieutenant. (Finance Suspension of the Rules; 05/10/2021; Regular Course; 05/10/2021; 2/3 Vote) The Finance Committee recommended that the City Council GRANT the ORDER. 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. OTHER BUSINESS: Councillor Freda asked about the information she requested at last meeting regarding the discrepancy in amounts in the 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. Councillor David Cormier did not receive this information yet. The Finance Committee scheduled Budget Hearings for June 15th and June 16th, both beginning at 6:00 PM and these meetings will be held in Council Chambers. These agendas will be set tomorrow. Councillor Dombrowski stated that June 15th may be a problem for him. After polling the Council, Council President Bodanza remained with the schedule for June 15th and June 16th as the best days for hearings. XI. LEGAL AFFAIRS 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; 04/21/2021 Subcommittee Mtg; 05/12/2021 @ 5:00PM CANCELLED; Majority Vote) Councillor John Dombrowski recommended TABLING this Communication. The Communication was TABLED with a vote of 7- 1 (Councillor Chalifoux Zephir NAY). Page 10 XII. WAYS AND MEANS 71-21 J & J Consignment: Request to renew license to deal second hand articles at 41 Dupont Circle. (Ways and Means; Regular Course 05/10/2021; Referrals IN: Treasurer/Police; Majority Vote) Councillor Freda made a motion to amend the address to 285 Central Street. The motion was seconded by Councillor Dombrowski and the amendment was passed with a roll call vote of 8-0. The Ways and Means Committee recommended that the City Council GRANT the license to deal secondhand articles. A vote was taken, via roll call, and it was voted 8-0 in favor to GRANT the license. 72-21 Best Buy Stores LP #1433: Request to renew license to deal second hand articles at 33 Orchard Hill Park Drive (Ways and Means; Regular Course 05/10/2021; Referrals IN: Treasurer/Police; Majority Vote) The Ways and Means Committee recommended that the City Council GRANT the license to deal secondhand articles. A vote was taken, via roll call, and it was voted 8-0 in favor to GRANT the license. XIII. PUBLIC SERVICE 73-21 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 - Mechanic St & Mt Pleasant Ave – Leominster Massachusetts. The following are the streets and highways referred to: Plan number# 30363626 Mechanic St & Mt Pleasant Ave - Rebuilding MH #5 at the corner of Mechanic St and Water St. Installation of conduit under the road going east down Mechanic St towards Mt Pleasant Ave to a new manhole #5373 about 250'. Installation on about 300' of conduit from MH #5373 up Mt Pleasant St to new MH #5372 on customer property for Switch Gear to be used in renovation of downtown underground system in the future. Will also becoming off of pole # 3 with conduit about 100' to MH # 5372 and out of Transformer #3 about next to MH #5372 about 100' to go across the street and service customer owned HH on private property located at the rear of #37 Mechanic St. (Public Service; Regular Course; 05/10/2021; Public Hearing 05/24/2021 6:50 PM; Majority Vote). Page 11  Councillor Freda had conversations with Ray Racine of the DPW regarding this project. She spoke of the unfortunate set of circumstances that the timeline was not met successfully. They Ways and Means Committee recommended that this was given FURTHER TIME with a roll call vote of 8-0. XIV. NEW BUSINESS XV. OLD BUSINESS XVI. COMMUNITY CALENDAR Councillor Pauline Cormier gave a “shout out” to the first responders and the Emergency Management teams. She added that they are a great comfort to residents during these residential fires. XVII. REFLECTIONS ON THE LIFE AND SERVICE OF WARD 1 COUNCILLOR GAIL P. FECKLEY Council President Bodanza asked for reflections on the life of Gail Feckley from the Council. Councillor Dombrowski said she was a great lady. She replaced one of his best friends on the Council. His family and her family were both from New York City and they shared this bond. He enjoyed her calls. She was respectful and dignified and he will miss her and all who knew her will miss her. Her family is her legacy. Councillor Chalifoux Zephir spoke on how Gail was a great, open- minded sounding board and working with her was enjoyable. Gail never had her own agenda. She spoke on there being disagreements, but she respected Gail’s deliberation. She added that Buffalo Wild Wings was one of her favorite places. She will miss her as a Councillor and a valuable member of the Council. Councillor David Cormier found it hard to believe that we are mourning another Councillor. He spoke of a trip to Salem to visit a marijuana facility and how he and Gail bonded during that trip. He spoke of the advice that she offered him during her years on the Council. Page 12  Councillor Freda spoke of the importance her children, and all children, played in her life. She played a role in each stage of area children with Little League involvement and her career at Fitchburg State University. Public safety was also an interest of hers and she pushed for the new police station. Public safety and love of education defines her. Council President Bodanza said sobering, shocking, and surreal explained the emotions he felt upon hearing of Gail’s loss. He had a good relationship with Gail and they came onto the Council at the same time. She was always respectful. Her death is a reminder that we are here for a short time. We are better for knowing her and it will be hard to replace her. Councillor Freda added that six of the City Council members stood by her body when it was brought into the church and she felt this was a great expression of the Council. XVIII. ADJOURNMENT Councillor Ardinger, seconded by Councillor Pauline Cormier, made a motion to adjourn the meeting. The roll call vote was 8-0 to adjourn the meeting at 8:29 PM. - Katelyn Huffman, City Clerk - Dianne Reardon, Assistant City Clerk - Page 13