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City Council

Regular Meeting

Leominster, MA · August 23, 2021

AgendaMinutes

Minutes

Council President Councillors-at-Large Mark C. Bodanza John Dombrowski Council Vice President Claire M. Freda David R. Cormier Susan Chalifoux Zephir Thomas F. Ardinger Ward Councillors Ward 1 – Vacant Ward 2 – Pauline M. Cormier Ward 3 – David R. Cormier Ward 4 – Mark C. Bodanza Ward 5 – Peter A. Angelini MINUTES AMENDED 2.0 AGENDA CITY OF LEOMINSTER CITY COUNCIL AUGUST 23, 2021 JOHN P. MAHAN CITY COUNCIL CHAMBERS PUBLIC HEARING, (CONTINUED) 6:45 PM 75-21 Elizabeth Wood (on behalf of the Planning Board) requests to amend the zoning ordinance pertaining to the regulation of dumpster location and screening. (Legal Affairs; Regular Course 06/14/2021; Public Hearing; July 12, 2021 @ 6:50PM; REFERRALS OUT: Board of Appeals, Building Inspectors; Planning Board; Continued Public Hearing: 08/23/2021 at 6:45 PM; 2/3 Vote) The public hearing opened at 6:45PM. Elizabeth Wood, Planning Director, informed the City Council that due to illness the last Planning Board meeting was cancelled because of lack of quorum. The hearing has been continued to September and the referral will be available then. The Legal Affairs Committee recommended that this petition be given further time and that the public hearing be continued to September 27, 2021. Vote: 7-0 the petition was given further time and the public hearing was set. 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. Elizabeth Wood, Planning Director, spoke in favor of Communications C-10 and C-11. 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 Council President Bodanza, Council Vice President David Cormier, Councillor Freda, Councillor Dombrowski, Councillor Angelini, Councillor Ardinger and Councillor Pauline Cormier present. Councillor Chalifoux Zephir absent. Others present: Katelyn Huffman, City Clerk III. APPROVAL OF RECORDS - August 9, 2021 – The minutes were approved and placed on file. IV. COMMUNICATIONS FROM THE MAYOR C-14 Dean J. Mazzarella, Mayor: Requests that Mark Moge be exempt from the provisions of MGL Chapter 268A, (20B) Conflict of Interest. RE: City of Leominster employee and tennis coach for Leominster High School (Ways and Means; Regular Course 08/23/2021; Majority Vote) This communication was given regular course. C-15 Dean J. Mazzarella, Mayor: Request that an appropriation of $40,188.90 be made to the Building Department Capital Outlay Expense Account; the same amount to be transferred from the Stabilization Fund. Page 2 RE: Building Department Truck (Finance; Regular Course 08/23/2021; 2/3 Vote) This communication was given regular course. V. PETITIONS FIRST TIME ON THE AGENDA 06-22 City Council Vice-President David R. Cormier: Request to Amend Chapter 13, Article 3, Division 2, Section 13-34 (no parking on certain streets) and add the following: RE: Tucker Drive both sides from the intersection of Francis Street for 200 feet. (Legal Affairs; Regular Course 07/12/2021; Public Hearing; September 13, 2021 @ 6:50 PM; REFERRALS OUT: Traffic; Building; 2/3 Vote) This petition was given regular course with a referral to the Building Inspector. The public hearing was set by a vote of 7-0 for September 13, 2021 at 6:50PM. 07-22 City Council Vice-President David R. Cormier: Request to Amend Chapter 13, Article 3, Division 2, Section 13-34 (no parking on certain streets) and add the following: RE: Francis Street both sides from number 50 to Tucker Drive. (Legal Affairs; Regular Course 07/12/2021; Public Hearing; September 13, 2021 @ 6:51 PM; REFERRALS OUT: Traffic; Building; 2/3 Vote) This petition was given regular course with a referral to the Building Inspector. The public hearing was set by a vote of 7-0 for September 13, 2021 at 6:51PM. SUSPENSION OF THE RULES: 08-22 City Council President Mark C. Bodanza: Request to amend Petition 39- 21 to include the following street closings: The Main Street intersection at the corner of lower West Street and upper Mechanic Street to the intersection of Main Street and Merriam Avenue. The West Street/Mechanic Street intersection shall be closed off from the point of the Monument Square Park to the bank at the Mechanic Street intersection. Page 3 RE: Johnny Appleseed Festival additional road closings at the request of the Mayor. (City Property; Regular Course 08/23/2021; REFERRALS: Traffic; Majority Vote) Councillor Pauline Cormier made a motion to suspend the rules. Councillor Ardinger seconded the motion. The motion was carried unanimously by a 7-0 vote. This item was given regular course with a referral to Fire, DPW and Traffic. VI. MATTERS BEFORE THE CITY COUNCIL VII. FINANCIAL REPORT The balance of the stabilization fund was $19,797,349.67 VIII. FINANCE C-05 Dean J. Mazzarella, Mayor: Requests that an appropriation of $36,000.00 be made to the Collective Bargaining Contract Services Account; the same amount to be transferred from the Stabilization Fund. RE: Salary Study (Finance; Regular Course 08/09/2021; 2/3 Vote) Councillor Angelini had further questions regarding this communication. Councillor Freda requested that a list of all of the positions included in the study was provided to the Council to ensure no one was left out. The Finance Committee recommended that the City Council give this communication FURTHER TIME. Vote: 7-0 the communication was given FURTHER TIME. C-06 Dean J. Mazzarella, Mayor: Requests that an appropriation of $26,000.00 be made to the Building Department Capital Outlay Expense Account; the same amount to be transferred from the Stabilization Fund. RE: Building Department Truck (Finance; Regular Course 08/09/2021; 2/3 Vote) The Finance Committee recommended that the City Council give this communication LEAVE TO WITHDRAW WITHOUT PREJUDICE. Page 4 Vote 7-0 the communication was LEAVE TO WITHDRAW WITHOUT PREJUDICE. C-07 Dean J. Mazzarella, Mayor: Requests that an appropriation of $78,000.00 be made to the Gallagher Building Salary & Wages Account; the same amount to be transferred from the Gallagher Building Revolving Fund. RE: Maintenance Salaries (Finance; Regular Course 08/09/2021; Majority Vote) The Finance Committee recommended that the City Council GRANT this communication. Vote 7-0 the communication was GRANTED. ORDERED: By a roll call vote of 7-0 this order was ADOPTED. C-08 Dean J. Mazzarella, Mayor: Requests that an appropriation of $50,000.00 be made to the Assistant Comptroller Salaries and Wages Account; same amount to be transferred from the Current Year Revenues. RE: Position that was excluded from the original budget (Finance; Regular Course 08/09/2021; Majority Vote) The Finance Committee recommended that the City Council GRANT this communication. Vote 7-0 the communication was GRANTED. ORDERED: By a roll call vote of 7-0 this order was ADOPTED. C-09 Dean J. Mazzarella, Mayor: Requests that an appropriation of $9,135.00 be made to the Highway Labor On-Call Coverage Account; same amount to be transferred from Current Year Revenues. RE: Position that was excluded from the original budget (Finance; Regular Course 08/09/2021; Majority Vote) The Finance Committee recommended that the City Council GRANT this communication. Vote 7-0 the communication was GRANTED. ORDERED: By a roll call vote of 7-0 this order was ADOPTED. Page 5 C-10 Dean J. Mazzarella, Mayor: Requests that an appropriation of $2,000.00 to be made to the Recording Secretary Stipend; the same amount to be transferred from Current Year Revenues. RE: Position that was excluded from the Planning Board budget. (Finance; Regular Course 08/09/2021; Majority Vote) The Finance Committee recommended that the City Council GRANT this communication. Vote 7-0 the communication was GRANTED. ORDERED: By a roll call vote of 7-0 this order was ADOPTED. C-11 Dean J. Mazzarella, Mayor: Requests that an appropriation of $8,200.00 be made to the Planning Board Members Account; the same amount to be transferred from the Current Year Revenues. RE: Position(s) that was excluded from the budget. (Finance; Regular Course 08/09/2021; Majority Vote) The Finance Committee recommended that the City Council GRANT this communication. Vote 7-0 the communication was GRANTED. ORDERED: By a roll call vote of 7-0 this order was ADOPTED. C-12 Dean J. Mazzarella, Mayor: Requests that an appropriation of $2,900.00 be made to the Conservation Board Members Account; the same amount to be transferred from Current Year Revenues. RE: Position(s) that was excluded from the budget (Finance; Regular Course 08/09/2021; Majority Vote) The Finance Committee recommended that the City Council GRANT this communication. Vote 7-0 the communication was GRANTED. ORDERED: By a roll call vote of 7-0 this order was ADOPTED. C-13 Dean J. Mazzarella, Mayor: Requests that an appropriation of $42,953.13 be made to the Bullet Proof Vest Fund; the same amount to be transferred from the Stabilization Fund. RE: Bullet Proof Vest Program (Finance; Regular Course 08/09/2021; 2/3 Vote) Page 6 The Finance Committee recommended that the City Council GRANT this communication. Vote 7-0 the communication was GRANTED. ORDERED: By a roll call vote of 7-0 this order was ADOPTED. IX. LEGAL AFFAIRS 75-21 Elizabeth Wood (on behalf of the Planning Board) requests to amend the zoning ordinance pertaining to the regulation of dumpster location and screening. (Legal Affairs; Regular Course 06/14/2021; Public Hearing; July 12, 2021 @ 6:50PM; REFERRALS OUT: Board of Appeals, Building Inspectors; Planning Board; Continued Public Hearing: 08/23/2021 at 6:45 PM; 2/3 Vote) This petition was given Further Time and the public hearing was continued to September 27, 2021 at 6:50PM. X. NEW BUSINESS There was no new business. XI. OLD BUSINESS Second Reading of an Ordinance: 02-22 Mark C. Bodanza, City Council President: Request to Amend Section 2- 16 of Article III of the Revised Ordinances for the City of Leominster. RE: Replacing “No meeting shall be held during the week of Christmas” with “No meeting shall be held on the fourth Monday of December” (Legal Affairs; Regular Course 07/12/2021; Public Hearing; July 26, 2021 @ 6:50PM; 2/3 Vote) The Legal Affairs Committee recommended that the City Council ADOPT this petition. Roll Call Vote: 7-0 the petition was ADOPTED. 03-22 City Council Vice-President David R. Cormier: Request to Amend Section 2-15 for Election of President, by deleting the current language and inserting a new provision specifically regulating the succession of the Office of President, should a vacancy in the Office occur. Page 7 (Legal Affairs; Regular Course 07/12/2021; Public Hearing; July 26, 2021 @ 6:40 PM; 2/3 Vote) The Legal Affairs Committee recommended that the City Council ADOPT this petition. Roll Call Vote: 7-0 the petition was ADOPTED. 04-22 City Council Vice-President David R. Cormier: Request to Amend Section 2-15-1 for Election of Vice President, by inserting a new provision specifically regulating the succession of the Office of the Vice President, should a vacancy in the Office occur. (Legal Affairs; Regular Course 07/12/2021; Public Hearing; July 26, 2021 @ 6:45PM; 2/3 Vote) The Legal Affairs Committee recommended that the City Council ADOPT this petition. Roll Call Vote: 7-0 the petition was ADOPTED. 05-22 City Council Vice-President David R. Cormier: Request to Amend Chapter 13, Article 3, Division 2, Sections 13-34 (no parking on certain streets) and add the following: Grant Street northerly side from 176 to 222 Grant St. & Grant Street southerly side from 179 to 221 Grant St. (Legal Affairs; Regular Course 07/12/2021; Public Hearing; July 26, 2021 @ 6:35 PM; 2/3 Vote) The Legal Affairs Committee recommended that the City Council ADOPT this petition. Roll Call Vote: 7-0 the petition was ADOPTED. XII. COMMUNITY CALENDAR There were no items on the community calendar. XIII. ADJOURNMENT Councillor David Cormier made a motion to adjourn. Councillor Pauline Cormier seconded the motion. By a vote of 7-0 the meeting was asjourned at 7:35PM. Minutes respectfully submitted by Katelyn Huffman, City Clerk Page 8

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