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City Council

Regular Meeting

Leominster, MA · September 13, 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 CITY OF LEOMINSTER CITY COUNCIL SEPTEMBER 13, 2021 JOHN P. MAHAN CITY COUNCIL CHAMBERS INFORMATION SESSION WITH MAYOR DEAN J. MAZZARELLA, 6:15 PM Council President Bodanza explained the delay of the information session until a later date. PLANNING BOARD REVIEW, 6:30 PM Planning Board members present were John J. Souza, Chair, Carol Vittorioso, Vice-Chair, Salvatore Ciccone, Patrick Perla, Thomas Carignan, Paul Weizer, Dean Valliere, Jason Pare, and Planning Director, Elizabeth Wood. Pursuant to Charter provision 5.6 Council President Bodanza read the Charter provision 5.6. He thanked the Planning Board for their robust showing this evening. He informed them that the City Council is looking for an update of what is going on with the board. John Souza passed out a printed copy of what has been done. Mary Avenue and Willard Street are the only current subdivisions. He explained the differences between site plans, subdivisions, special permits, and approval not required. Council President Bodanza spoke of being very concerned with the unaccepted streets. Mr. Souza explained a new process for subdivisions regarding deeds and covenants being held until they begin selling. The Planning Board will be doing bonding on site plans as well as subdivisions. He also updated on Katie Lane and the condition of the road. Councillor Freda thanked the board for attending the meeting this evening. She spoke of the degree of professionalism on this board. Councillor Chalifoux Zephir had no questions but said it was very nice to see everyone there tonight. She added that, as a member of the City Council, she relies on their expertise when a problem is referred to the Planning Board. Councillor Angelini asked if the Planning Board thinks the overlay districts are working. Mr. Souza answered that, yes, he believes the overlays are working. He added that the Recreation Commission will have an Open Space presentation at the next meeting. Sal Ciccone said that there should be more protection in the watershed areas. Councillor Ardinger added that the unaccepted roads is also a concern of his but has been addressed already this evening. Planning Director Elizabeth Wood stated that there are 17.1 miles of roads that are not accepted (per DPW). She is working with the DPW to write a letter to the Mayor regarding this. She added that some of these project developers are no longer responsible for these roads. She would like to address the unaccepted roads within the budget to get these streets up to acceptance. Councillor Pauline Cormier thanked the Planning Board for their presence this evening. Councillor David Cormier spoke on Ava Way and how this is one of the streets that needs to be accepted. Elizabeth Wood replied that the Board voted to use the remaining money in the bond ($10,000) to make improvements. It will not complete the street, but it will help. Councillor David Cormier mentioned Massapoag and Dobson Circle as other streets that need attention. He also asked how many subdivisions we have that have been approved, but have not completed being built out. Page 2 Mr. Souza explained what is in process. He confirmed that Legate Hill has expired. He added that, in 2008, the state gave everyone an extension. Ms. Wood added that she will have more information regarding ongoing subdivisions in 6-9 months. Mr. Souza explained issues like dumpsters and tow yards and the creation of new ordinances. He would like to see a bond on site plans. He commended Elizabeth Wood and Stephanie Whitten for working while being displaced since May. Council President Bodanza said that the marquis issue with the Planning Board is the acceptance of streets. He echoes what Ms. Wood suggests in prioritizing streets. Some need legal matters and some need construction. He heartily endorses the combination of DPW and Planning Board and a new line item in the budget. We are able to address paving these streets. He added that the more streets that are accepted, the higher the Chapter 90 funding will be. He encouraged the Planning Board to consider the City Council their ally. Councillor Freda asked for clarity on the length of time a project can take. She added that people get confused about the Planning Board vs the Zoning Board of Appeals. She asked at what point do people contact the building inspector and not the Planning Board. Mr. Souza answered that if the project is still in construction, you would contact the Planning Board. Otherwise, you would contact the building inspector. He added the need for more control and higher bonds with developers. Salvatore Ciccone stated that we may need another building inspector/official so things don’t go unseen or uninspected. Council President Bodanza thanked the Planning Board for coming. The review was closed at 7:16 PM. Page 3 PUBLIC HEARING 6:50 PM 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 IN: Building; Traffic; 2/3 Vote) The Public Hearing opened at 7:17 PM. Councillor Chalifoux Zephir opened the public hearing, reading the referrals from the Traffic (Police) and the Building Department, and then giving the floor to Council Vice-President David Cormier to speak on this petition. Councillor David Cormier stated that, even though Tucker Drive is primarily industrial, there are a few houses there. There are cars parked and it is tight for tractor trailers to make the turn. There is also trash strewn from their windows occasionally. There should be enough parking space in their lot. This is a safety issue Councillor Chalifoux Zephir asked if any member of the public wanted to speak for or against the petition. No one spoke. There were no questions or comments from the Council. The Public Hearing was closed at 7:21 PM. PUBLIC HEARING 6:51 PM 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 IN: Building; Traffic; 2/3 Vote) The Public Hearing opened at 7:21 PM. Councillor Chalifoux Zephir opened the public hearing, reading the referrals from the Traffic (Police) and the Building Department, and Page 4 then giving the floor to Council Vice-President David Cormier to speak on this petition. Councillor David Cormier stated that this petition is in conjunction with the Tucker Drive petition. Councillor Chalifoux Zephir asked if any member of the public wanted to speak for or against the petition. No one spoke. There were no questions or comments from the Council. The Public Hearing was closed at 7:22 PM. 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. Public Forum was opened at 7:24 PM. Michael Stassen explained C-16, which is on the agenda for this evening. He explained that the School Dept. pays in full for the internet bill, which is 74% reimbursed. The previous amount that was granted was the entire bill and not the reimbursement bill. The Public Forum was closed at 7:25 PM. Page 5 I. REGULAR MEETING OF THE CITY COUNCIL, 7:00 P.M. II. ROLL CALL OF COUNCILLORS IN ATTENDANCE Present: Council President Bodanza; Council Vice-President David Cormier; Councillor Pauline Cormier; Councillor Ardinger; Councillor Angelini; Councillor Chalifoux Zephir, Councillor Freda, City Clerk, Katelyn Huffman; and Assistant City Clerk, Dianne Reardon. ABSENT: Councillor Dombrowski. III. APPROVAL OF RECORDS - August 23, 2021 - The minutes were approved and placed on file. IV. COMMUNICATIONS FROM THE MAYOR C-16 Dean J. Mazzarella, Mayor: Requests to AMEND Appropriation C-03 to state an appropriation of $220,534.00 be made to the School Department Expense Account; the same amount to be raised by Fiscal Year 2022 E- Rate Revenue. (Finance; Regular Course 9/13/2020; Majority Vote) This communication was given regular course. C-17 Dean J. Mazzarella: Requests that an appropriation of $4,350.00 be made to the Conservation Department Expense Account; the same amount to be transferred from the Stabilization Fund. (Finance; Regular Course 9/13/2020; 2/3 Vote) This communication was given regular course. V. PETITIONS FIRST TIME ON THE AGENDA Request to sign the Election Order for the November 2, 2021, Municipal Election. (Ways and Means; Regular Course 09/13/2021; Majority Vote) Councillor Freda would like to amend the Election Order with more frequented public places for posting. The Councillors will send any recommended changes to the City Clerk. This communication was given regular course. Page 6 VI. MATTERS BEFORE THE CITY COUNCIL VII. FINANCIAL REPORT – STABILIZATION BALANCE: $19,778,810.77 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; Further Time 08/23/2021; 2/3 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-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. RE: Building Department Truck (Finance; Regular Course 08/23/2021; 2/3 Vote) Councillor Freda asked who would be using this truck and also whether it will be parked in the lot or taken home. Councillor David Cormier will find out where the car will be parked in the lot or taken home. He believes just the janitor/building department will be using this truck. 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 7 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, ; Planning Board; REFERRALS IN: Building Inspectors; Continued Public Hearing: 08/23/2021 at 6:45 PM and 09/27/2021 at 6:50 PM; 2/3 Vote) The Legal Affairs Committee recommended that the City Council give this communication FURTHER TIME. Vote: 7-0 the communication was given FURTHER TIME. 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 IN: Building; Traffic; 2/3 Vote) The Legal Affairs Committee recommended passage of this petition. A vote was taken and the petition was GRANTED with a vote of 7-0. 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 IN: Building; Traffic; 2/3 Vote) The Legal Affairs Committee recommended passage of this petition. A vote was taken and the petition was GRANTED with a vote of 7-0. Page 8 X. CITY PROPERTY 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. RE: Johnny Appleseed Festival additional road closings at the request of the Mayor. (City Property; Regular Course 08/23/2021; REFERRALS IN: DPW; Fire; Traffic; Majority Vote) The City Property Committee recommended passage of this petition. A vote was taken and the petition was GRANTED with a vote of 7-0. XI. NEW BUSINESS XII. OLD BUSINESS Councillor Freda updated on the Police Station Building project. The consensus is that the committee is very happy with the bids. Ninety contractors downloaded bid documents. There will be a presentation to the City Council soon. Councillor Freda stated, in light of September 11th anniversary, Thomas Pecorelli, native of Leominster, was killed, leaving a pregnant wife. Council President Bodanza asked for a moment of silence for Mr. Pecorelli. XIII. COMMUNITY CALENDAR Council President Bodanza informed the public of his presentation at the Leominster Public Library on Wednesday, September 15th, with Ralf Traugott. Page 9 XIV. ADJOURNMENT A motion was made by Councillor Chalifoux Zephir, seconded by Councillor Angelini, to ADJOURN the meeting at 7:46 PM. The motion was passed 7-0. - Katelyn Huffman, City Clerk Page 10

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