City Council

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 OCTOBER 12, 2021 JOHN P. MAHAN CITY COUNCIL CHAMBERS PUBLIC HEARING, 5:54 PM C-24 Dean J. Mazzarella, Mayor: Requests that $27,000,000 is appropriated, in addition to the $3,000,000 previously appropriated by vote of the Council on August 15, 2019 and the $2,000,000 previously appropriated by vote of the Council on August 10, 2020, for the purpose of constructing and equipping a police station, including the payment of costs incidental or related thereto; that to meet this appropriation the Treasurer with the approval of the Mayor is authorized to borrow such amount and issue bonds or notes therefor under M.G.L. c.44 or any other enabling legislation; and that the Mayor and/or the Treasurer are each authorized to take any other action necessary or convenient to carry out the project and this vote. Any premium received upon the sale of any bonds or notes approved by this vote, less any such premium applied to the payment of the costs of issuance of such bonds or notes, may be applied to the payment of costs approved by this vote in accordance with M.G.L. c.44, §20, thereby reducing the amount authorized to be borrowed to pay such costs by a like amount. (Finance; Regular Course 10/04/2021; Public Hearing 10/12/2021 @ 5:54PM; 2/3 Vote) Council President Bodanza announced that Councillor Freda will be participating in this meeting remotely. Council Vice-President David Cormier read the Communication. He asked the Comptroller, Jennifer Reddington, how the Loan Order will be paid. Ms. Reddington replied that there will be two school loans that will expire this year. The first payment for the police station loan will not be until FY2023. She added that this will be a level debt service. This bond could go to 30 years, but would like to do it in 20 years. Councillor Pauline Cormier asked for clarification on the retirement of debt and the loan payment amount. Ms. Reddington replied that the payment will be the same as these two shorter school loans, but we will be borrowing far more money. Councillor Angelini asked if we anticipate the same rate. Ms. Reddington answered that it could be a different rate. Mayor Mazzarella said that the decisions are critical for the City bond rating, which determines the bond rate. Councillor Chalifoux Zephir clarified that all of these projections are assuming interest rates are comparable. Ms. Reddington replied that yes, this is all projections. Mayor Mazzarella added that we had paid down the 20 year loans. He also added that we have been conservative in our planning. Councillor Freda spoke on the hard work of this committee to build the Police Department. She felt it was important to the community to see how necessary this project is. She hopes the community will support this project and she asked for Council support. Council President Bodanza will move the vote to the beginning of the meeting. He added that there is no better example of how we have been benefitted by our fiscal discipline than to be able to do this project of this size with no added taxes to the residents. We should be proud. Mayor Mazzarella added that the Council has always shown support with this project. Ms. Reddington wanted to clarify that this is not a variable rate. She added that the bond rating has stayed the same and fiscal discipline has helped. Page 2 Chief Aaron Kennedy spoke about how optimistic he was that this new station would happen. He is hopeful for a “yes” vote for this new building for the young police department. Andrea Freeman, 431 Pleasant St, spoke in favor of the project. She applauded the planning committee. She would like to state that it would be nice to see sustainability, ie solar panels. She felt that it is no more costly to incorporate renewable designs into new construction. Mayor Mazzarella added that he wanted the police station to be close to downtown. He wants it environmentally friendly, energy efficient and with the newest technology. Todd Costa from Kaestle and Boos spoke about the technology that is already in the plans. The roof will be solar ready and thermal efficiency also. Heating within the building management system will take the heat from one room to use in another. Spoke on the innovations in this design. Council Vice-President David Cormier asked about use of natural lighting. Mr. Costa replied that, not only are all lights LED, but there is occupancy and vacancy sensors. Councillor Angelini talked about the indoor firearm training. Mayor Mazzarella replied that there are many technology changes that are to be considered. There are areas ready for expansion. If the federal government passes the infrastructure bill, there will be funds available for energy upgrades, such as solar panels. It hasn’t been ruled out, but he is awaiting federal funds. The first priority is to get the building built. Council Vice-President David Cormier asked about the dispatch location. Mayor Mazzarella said that dispatch will be located at 210 Lancaster Street. This enables Leominster to set up a regional dispatch to smaller communities. He also added that all the members of the Police Department Building Committee brought their individual talents. The Public Hearing was closed at 6:24 PM. Page 3 PUBLIC HEARING, (CONTINUED) 5:55 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, 09/27/2021, 10/12/2021 at 5:55 PM, 2/3 Vote) Councillor Chalifoux Zephir read the petition and the updated referral from the building commissioner. She would recommend receiving a referral from the Health Director. Council President Bodanza said that a continuation of the public hearing should be recommended and ask for a referral from the Health Director, along with a possible fee schedule, which will be needed for enforcement. The public hearing was continued to October 25, 2021 at 6:05 PM. INTERVIEWS, 6:00 PM 6:00 PM Dean J. Mazzarella, Mayor: Requests the appointment of Michael Cichy of 270 Hill St., to the Conservation Commission, term to expire April 15, 2024. (Ways and Means; Regular Course 09/27/2021; Interview 10/12/2021 @ 6:00 PM; Majority Vote) Mr. Cichy did not appear and will be put on the agenda on 10/25/2021 at 6:12 PM. 6:05 PM Dean J. Mazzarella, Mayor: Requests the appointment of Richard Gullick of 151 Old Farm Rd., to the Conservation Commission, term to expire April 15, 2024. (Ways and Means; Regular Course 09/27/2021; Interview 10/12/2021 @ 6:05 PM; Majority Vote) Mr. Gullick did not appear and will be put on the agenda on 10/25/2021 at 6:13 PM. Page 4 6:10 PM Dean J. Mazzarella, Mayor: Requests the appointment of Kenneth Ridlon of 514 West St., to the Conservation Commission, term to expire April 15, 2024. (Ways and Means; Regular Course 09/27/2021; Interview 10/12/2021 @ 6:10 PM; Majority Vote). Mr. Ridlon explained his background both in his professional life as a biochemist, and as a member of other Conservation Commissions. Council Vice-President David Cormier complimented Mr. Ridlon on his background and appreciates his time. Councillor Chalifoux Zephir thanked him for volunteering. Council President Bodanza said that he has known Ken for a long time. He feels Leominster is lucky to have him on the board. Councillor Angelini said he has had the pleasure of working with Mr. Ridlon also. INFORMATION SESSION WITH MAYOR DEAN J. MAZZARELLA, 6:15 PM Informational update on City Grants and introduction of new department heads. The information session opened at 6:36 PM. Mayor Mazzarella introduced Jeff Stephens, the Health Director. Mr. Stephens gave a synopsis of his experience. He added that the department is in the process of hiring a food inspector, and the job should be filled in the next few weeks. Wendy Wiiks presented an update on grants that have been awarded or are in process. Mayor Mazzarella spoke about the capital improvement plan. Council Vice-President David Cormier asked about the Litchfield Street project. He asked if the street will be closed again. Ms. Wiiks answered that the plan is not in yet, so it’s too early to tell. Council Vice-President David Cormier asked what other project may come from the Municipal Vulnerability Program. Page 5  Ms. Wiiks answered that Samoset is on the list. If federal money is awarded, more funding may be available. Councillor Angelini thanked Wendy for her hard work. Council President Bodanza felt this presentation showed good news and he thanked Ms. Wiiks for her part in this success. Councillor Ardinger asked about the Monoosnoc project status. Ms. Wiiks said that this is the second grant we have been awarded for this project. LICENSING BOARD REVIEW, 6:30 PM Pursuant to Charter provision 5.6 The Licensing Board review began at 7:11 PM. Jim Kelley and Kristen Howlett presented an update on the Licensing Board. The third member, Ken Tata, was not present. Council Vice-President David Cormier thanked the license commission for everything they do. He remarked that it is not always an easy commission to enforce. He asked if there were any resources they needed. Mr. Kelley answered that they get lots of assistance and input from the City Departments. Councillor Chalifoux Zephir asked about the third member. Mr. Kelley answered that Mr. Tata is serving temporarily until a new member is appointed. Councillor Chalifoux Zephir asked if any licenses were available and how the public would contact them. Mr. Kelley explained the available licenses and said that 1-2 times a year they publish the available licenses. Mr. Kelley mentioned issues with overflow lots. The commission deals with Class 2 licenses, which are used car sales. He spoke about the lack of enforcement for overflow on these lots. He added that Class 3 Page 6  licenses are no longer available in Massachusetts. He would like to see a change to zoning to enforce licensing violations. Mr. Kelley explained the desire to control both taxi company and rooming houses rules and regulations. PUBLIC HEARING, 6:45 PM 09-22 Verizon New England, Inc. requests permission to lay and maintain underground conduits and handholes, with the wires and cables to be placed therein, under the surface of the following public way or ways: MOUNT PLEASANT AVENUE: Place two (2) four (4) inch conduits on Mount Pleasant Avenue beginning at Manhole 72A, located on the northerly side of Mechanic Street, and running in a southerly direction down Mount Pleasant Avenue a distance of approximately two hundred forty-one (241) feet to a point, and then westerly to the westerly side of Mount Pleasant Avenue. MOUNT PLEASANT AVENUE: Place one (1) four (4) inch conduit on Mount Pleasant Avenue beginning at Pole T.3, located on the easterly side of Mount Pleasant Avenue, and running in a northwesterly direction along Mount Pleasant Avenue a distance of approximately one hundred twenty (120) feet to a point on the westerly side of Mount Pleasant Avenue. HOWE STREET: Place one (1) four (4) inch conduit on Howe Street beginning at Pole T.2, located on the northerly side of Howe Street, and running in a westerly direction down Howe Street a distance of approximately two hundred nine (209) feet to the westerly side of Mount Pleasant Avenue. REASON: Place conduit to provide for the distribution of intelligence and telecommunications. (Public Service; Regular Course; 09/27/2021; Public Hearing 10/12/2021 at 6:45 PM; Majority Vote) The Public Hearing was opened at 7:30 PM. Council Vice-President David Cormier will be abstaining from the hearing and the vote. Paul Davis, Verizon representative, explained the project and what is requested by the property owner at 37 Mechanic Street. Councillor Pauline Cormier asked if he had spoken to the DPW regarding other work that has been done in the area. Page 7  Mr. David replied that he has not been informed that anyone has been in touch with the DPW, but they can, if needed. Council President Bodanza said that, given the DPW concerns, we would want to leave the public hearing open. He recommended continuing the public hearing so Verizon can go speak to the DPW. The hearing was continued until 10/25/2021 at 6:00 PM, by a roll call vote of 6-0 (D. Cormier abstained). Councillor Angelini asked the DPW to provide affirmation that there was a meeting with Verizon. 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 was opened at 7:38 PM. With no one speaking, the Public Forum was closed at 7:39 PM. I. REGULAR MEETING OF THE CITY COUNCIL, 7:00 P.M. The regular meeting of the City Council opened at 7:00PM. Councillor Chalifoux Zephir made a motion to recess. Councillor Peter Angelini seconded the motion. The Council went into recess at 7:02 PM. The regular meeting reconvened at 7:40 PM with a roll call vote of 7-0. II. ROLL CALL OF COUNCILLORS IN ATTENDANCE PRESENT: Council President Bodanza; Council Vice-President David Cormier; Councillor Pauline Cormier; Councillor Thomas Ardinger; Councillor Peter Angelini; Councillor Chalifoux Zephir; and Councillor Freda (remotely) Page 8 III. APPROVAL OF RECORDS - September 27, 2021 - October 4, 2021 The minutes were approved and placed on file. IV. COMMUNICATIONS FROM THE MAYOR Dean J. Mazzarella, Mayor: Requests the appointment of Cheryl Carlino of 15 Tolman Avenue, to the Office of Emergency Management. (Ways and Means; Regular Course 10/12/2021; Interview 10/25/2021 @ 6:10 PM; Majority Vote This appointment was given REGULAR COURSE with an interview scheduled for 10/25/2021 at 6:10 PM. V. PETITIONS FIRST TIME ON THE AGENDA VI. MATTERS BEFORE THE CITY COUNCIL VII. FINANCIAL REPORT - $19,026,355.55 BALANCE VIII. FINANCE C-18 Dean J. Mazzarella, Mayor: Requests that an appropriation of $375,788.00 be made to the Police Department Equipment Expense Account; the same amount to be transferred from the Stabilization Fund. TO BE RATIFIED Required in-service training: $325,788.00 Equipment $ 50,000.00 $375,788.00 (Finance; Regular Course 09/27/2021; 2/3 Vote) The Finance Committee recommended RATIFICATION of the communication. A roll call vote was taken, and the communication was RATIFIED with a roll call vote of 7-0. Page 9 C-20 Dean J. Mazzarella, Mayor: Requests to appropriate $100,000 for the purchase of a new brush truck for the Leominster Fire Department; the same amount to be transferred from the Stabilization Fund. RE: 10% match on FEMA grant (Finance; Regular Course 09/27/2021; 2/3 Vote) Councillor Angelini stated that this is a wonderful investment and the Fire Department could get involved in maintaining recreational paths. The Finance Committee recommended that the City Council GRANT this communication. Vote by roll call of 7-0 the communication was GRANTED. ORDERED: By a roll call vote of 7-0 this order was ADOPTED. C-21 Dean J. Mazzarella, Mayor: Requests to appropriate $2,909.09 for purchase of facepieces related to SCBA (self-contained breathing apparatus) for every firefighter; the same amount to be transferred from the Stabilization Fund. RE: 10% match on FEMA grant (Finance; Regular Course 09/27/2021; 2/3 Vote) The Finance Committee recommended that the City Council GRANT this communication. Vote by roll call of 7-0 the communication was GRANTED. ORDERED: By a roll call vote of 7-0 this order was ADOPTED. C-22 Dean J. Mazzarella, Mayor: Requests to appropriate $224,700.00 for the bank stabilization project, located adjacent to the treatment plant near the Leominster Connector; the same amount to be transferred from the Stabilization Fund. RE: 25% match to a previously received MEMA hazard mitigation grant. (Finance; Regular Course 09/27/2021; 2/3 Vote) The Finance Committee recommended that the City Council GRANT this communication. Vote by roll call of 7-0 the communication was GRANTED. ORDERED: By a roll call vote of 7-0 this order was ADOPTED. Page 10 C-23 Dean J. Mazzarella, Mayor: Requests to appropriate $55,875.00 to continue the Monoosnoc Brook Wall replacement project; the same amount to be transferred from the Stabilization Fund. RE: Required 33% match for MVP (Municipal Vulnerability Preparedness) grant. (Finance; Regular Course 09/27/2021; 2/3 Vote) The Finance Committee recommended that the City Council GRANT this communication. Vote by roll call of 7-0 the communication was GRANTED. ORDERED: By a roll call vote of 7-0 this order was ADOPTED. C-24 Dean J. Mazzarella, Mayor: Requests that $27,000,000 is appropriated, in addition to the $3,000,000 previously appropriated by vote of the Council on August 15, 2019 and the $2,000,000 previously appropriated by vote of the Council on August 10, 2020, for the purpose of constructing and equipping a police station, including the payment of costs incidental or related thereto; that to meet this appropriation the Treasurer with the approval of the Mayor is authorized to borrow such amount and issue bonds or notes therefor under M.G.L. c.44 or any other enabling legislation; and that the Mayor and/or the Treasurer are each authorized to take any other action necessary or convenient to carry out the project and this vote. Any premium received upon the sale of any bonds or notes approved by this vote, less any such premium applied to the payment of the costs of issuance of such bonds or notes, may be applied to the payment of costs approved by this vote in accordance with M.G.L. c.44, §20, thereby reducing the amount authorized to be borrowed to pay such costs by a like amount. (Finance; Regular Course 10/04/2021; Public Hearing 10/12/2021 @ 5:54PM; 2/3 Vote) Councillor Freda asked the Council to support this. The Finance Committee recommended that the City Council GRANT the bond authorization. Vote by roll call of 7-0 the bond authorization was GRANTED. ORDERED: By a roll call vote of 7-0 this order was ADOPTED. Page 11 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; Continued Public Hearing 10/12/2021 at 5:55 PM; 2/3 Vote) The continued public hearing was voted by roll call 7-0 and set for October 25, 2021 at 6:05 PM. This was given FURTHER TIME with a roll call vote of 7-0. 11-22 Request that the City Council vote to accept the 2020 Re-Precincting Plan for the City of Leominster. (Legal Affairs; Regular Course 10/04/2021; Majority Vote) City Clerk Katelyn Huffman explained the re-precincting process. With a roll call vote of 7-0, the 2020 Re-Precincting Plan was ACCEPTED. X. WAYS AND MEANS Dean J. Mazzarella, Mayor: Requests the appointment of Michael Cichy of 270 Hill St., to the Conservation Commission, term to expire April 15, 2024. (Ways and Means; Regular Course 09/27/2021; Interview 10/12/2021 @ 6:00 PM; Majority Vote) The interview was set for October 25, 2021 at 6:12 PM. This was given FURTHER TIME with a roll call vote of 7-0. Dean J. Mazzarella, Mayor: Requests the appointment of Richard Gullick of 151 Old Farm Rd., to the Conservation Commission, term to expire April 15, 2024. (Ways and Means; Regular Course 09/27/2021; Interview 10/12/2021 @ 6:05 PM; Majority Vote) The interview was set for October 25, 2021 at 6:13 PM. This was given FURTHER TIME with a roll call vote of 7-0. Page 12  Dean J. Mazzarella, Mayor: Requests the appointment of Kenneth Ridlon of 514 West St., to the Conservation Commission, term to expire April 15, 2024. (Ways and Means; Regular Course 09/27/2021; Interview 10/12/2021 @ 6:10 PM; Majority Vote). With a roll call vote of 7-0, the appointment was CONFIRMED. 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 09/27/2021; Majority Vote) With a roll call vote of 7-0, the petition was GRANTED. C-19 Dean J. Mazzarella, Mayor: Requests the City Council to accept Cares Act Phase III. RE: Covid Funds Phase III (Ways and Means; Regular Course 09/27/2021; Majority Vote) With a roll call vote of 7-0, the petition was GRANTED. XI. PUBLIC SERVICE 09-22 Verizon New England, Inc. requests permission to lay and maintain underground conduits and handholes, with the wires and cables to be placed therein, under the surface of the following public way or ways: MOUNT PLEASANT AVENUE: Place two (2) four (4) inch conduits on Mount Pleasant Avenue beginning at Manhole 72A, located on the northerly side of Mechanic Street, and running in a southerly direction down Mount Pleasant Avenue a distance of approximately two hundred forty-one (241) feet to a point, and then westerly to the westerly side of Mount Pleasant Avenue. MOUNT PLEASANT AVENUE: Place one (1) four (4) inch conduit on Mount Pleasant Avenue beginning at Pole T.3, located on the easterly side of Mount Pleasant Avenue, and running in a northwesterly direction along Mount Pleasant Avenue a distance of approximately one hundred twenty (120) feet to a point on the westerly side of Mount Pleasant Avenue. Page 13  HOWE STREET: Place one (1) four (4) inch conduit on Howe Street beginning at Pole T.2, located on the northerly side of Howe Street, and running in a westerly direction down Howe Street a distance of approximately two hundred nine (209) feet to the westerly side of Mount Pleasant Avenue. REASON: Place conduit to provide for the distribution of intelligence and telecommunications. (Public Service; Regular Course; 09/27/2021; Public Hearing 10/12/2021 at 6:45 PM; Majority Vote) The continued public hearing was voted 6-0 (D. Cormier abstained) and set for October 25, 2021 at 6:00 PM. This was given FURTHER TIME with a roll call vote of 6-0 (D. Cormier abstained). XII. NEW BUSINESS XIII. OLD BUSINESS Second Reading of an Ordinance: 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 that the City Council ADOPT the second reading of this petition. Roll Call Vote: 7-0 the second reading was ADOPTED. Page 14  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 that the City Council ADOPT the second reading of this petition. Roll Call Vote: 7-0 the second reading was ADOPTED. XIV. COMMUNITY CALENDAR Moment of silence and reflection for James LeBlanc, Director of Emergency Management. Council Vice-President David Cormier spoke of how shocked he was to learn of Mr. LeBlanc’s passing. He thanked his family for sharing him with us. Councillor Pauline Cormier said one word to describe Mr. LeBlanc was “resourceful”. He always managed to get what he and the community needed. Councillor Freda stated that the party was well attended because he was so well loved. Council President Bodanza spoke of Mr. LeBlanc’s 50 years of service to this City. He then asked for a Moment of Silence in his honor. XV. ADJOURNMENT Council Vice-President David Cormier made a motion to adjourn, seconded by Councillor Pauline Cormier. With a roll call vote of 7-0, the meeting was adjourned at 8:22 PM. - Katelyn Huffman, City Clerk Page 15