City Council

Council President Councillors-at-Large David R. Cormier Thomas F. Ardinger Council Vice President Susan Chalifoux-Zephir Pauline M. Cormier Todd M. Deacon Claire M. Freda Ward Councillors Ward 1 – William A. Brady 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 MARCH 14, 2022 JOHN P. MAHAN CITY COUNCIL CHAMBERS PUBLIC HEARING 6:40 PM 39-22 Katelyn Huffman, City Clerk: Requests a new section of the City of Leominster Revised Ordinances Chapter 1, Section 1.12, regarding an electioneering policy for the City of Leominster. (Legal Affairs; Regular Course 02/28/2022; Public Hearing 03/14/2022 at 6:40 PM; 2/3 Vote) The Public Hearing was opened at 6:40 PM. Councillor Bodanza stated that we are looking to institutionalize this policy. This is consistent with state policy and will alleviate having to vote on this each election year. Council President David Cormier thanked the City Clerk for bringing this forward. Councillor David Cormier also suggested that the current language also include a sentence for any other voting location in case the early voting or absentee voting location changes in the future. Councillor Bodanza agreed and suggested that the Legal Affairs Committee amend the ordinance to read after the words “…municipal building door accessible to the public…” add “…and any other designated applicable polling place…”. The City Clerk said that she is fine with this amendment.  Councillor Angelini asked three times if anyone from the public wanted to speak for or against the petition. No one spoke. The Public Hearing was closed at 6:46 PM. PUBLIC HEARING 6:45 PM 24-22 Elizabeth Wood (on Behalf of the Planning Board) requests to amend the zoning ordinance pertaining to Performance Guarantees for Site Plans. RE: To ensure that all conditions of approval, issued by the Planning Board for Site Plan, are completed. (Legal Affairs; Regular Course 01/10/2022; Public Hearing; January 24, 2022 @ 6:50PM; Public Hearing Continued; 02/14/2022 @ 6:50PM; Cont to 03/14/2022 at 6:45 PM; 2/3 Vote) The Public Hearing was opened at 6:46 PM. Councillor Angelini spoke on the problems that have arisen with incomplete projects. Councillor Bodanza added that he is pleased by the original intent. He recommended several changes: • Change the word “bylaw” to “ordinance” twice in the document. • 59.1 - He added “guarantee shall be collected by the City at or before the time a Certificate of Occupancy….” • Requested in section 59.1.1 that the extra word ‘by’ be stricken. • 59.1.1. Also, he recommended to add “returned to the person (add “or entity) that furnished it.” Elizabeth Wood stated that she doesn’t object to any changes the City Council proposed. She felt the time to collect the guarantee should stay at the time of the Certificate of Occupancy. She explained the administrative procedures. Councillor Bodanza said that this verbiage would allow them to submit the guarantee prior to the Certificate of Occupancy if they desired. Elizabeth Wood stated that she is not opposed to earlier if the applicant/developer wished. Page 2  Councillor Bodanza clarified that the guarantee can’t be done later than the Certificate of Occupancy, however, could be earlier. Councillor Brady complimented Ms. Wood on her writing of this ordinance amendment. The Public Hearing was closed at 7:06 PM. PUBLIC HEARING 6:50 PM 20-22 Elizabeth Wood (on Behalf of the Planning Board) requests to amend the zoning ordinance pertaining to the parking of unregistered vehicles. RE: Overflow lots (Legal Affairs; Regular Course 06/14/2021; Public Hearing; January 10, 2022 @ 6:50PM; Cont. Public Hearing February 14, 2022 @ 6:50 PM; Cont to 03/14/2022 at 6:50 PM; REFERRALS IN: Planning Director; REFERRALS OUT: Building Inspector, Zoning Board of Appeals; 2/3 Vote) The Public Hearing was opened at 7:06 PM. Councillor Angelini read a letter from Elizabeth Wood regarding the continued public hearing of the Planning Board regarding this ordinance amendment. He will recommend FURTHER TIME and to continue the public hearing to April 11, 2022, at 6:50 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. The Public Forum was opened at 7:11 PM. With no speakers, the Public Forum was closed at 7:12 PM. Page 3 I. REGULAR MEETING OF THE CITY COUNCIL, 7:00 P.M. II. ROLL CALL OF COUNCILLORS IN ATTENDANCE Present: Council President David Cormier; Council Vice-President Pauline Cormier; Councillor Bodanza; Councillor Ardinger; Councillor Angelini; Councillor Brady; Councillor Chalifoux-Zephir; Councillor Deacon; and Councillor Freda. Others present: Katelyn Huffman, City Clerk, Dianne Reardon, Assistant City Clerk III. APPROVAL OF RECORDS - February 14, 2022 Council Vice-President Pauline Cormier explained that the full transcript of the hearing of February 14, 2022, has been added to the minutes and asked that these minutes be placed on file. Councillor Chalifoux-Zephir asked about her changes that she submitted to the City Clerk’s Office. She would like to hold off placing these minutes on file until her concerns/changes are made to the minutes. Councillor Freda had a few comments, however, suggested completing the public hearings first. Councillor Bodanza made a motion, seconded by Councillor Ardinger, to go into recess at 7:02 PM. The motion was passed by a vote of 9-0. The Council returned from recess at 7:12 PM. Councillor Freda spoke on the disagreement regarding her abstention of the vote of the public hearing on February 14, 2022. She began reading the legal opinion of her attorney. Council President David Cormier stated that the issue on the floor was whether the minutes of the February 14, 2022, are ready for approval. Councillor Freda stated that she had been forced into seeking a legal opinion and now he was preventing her from reading it. Council President David Cormier stated that the City Clerk furnished the opinion of the city solicitor. Page 4  Councillor Chalifoux-Zephir added that the minutes are not accurate, and she would like to review the recording to ensure that what was printed in the minutes was what she said. Council Vice-President Pauline Cormier stated that the entire transcript of what was said is in these minutes and her job is to present proper records. She added that she realizes that changes need to be made and asked Councillor Chalifoux-Zephir why these changes were not brought up before tonight. Katelyn Huffman, City Clerk, read the email received from Councillor Chalifoux-Zephir regarding her requested changes. Council Vice-President Pauline Cormier stated that those changes can easily be made, in her opinion. She recommends accepting the minutes with these changes. Councillor Brady asked if we accept the minutes as is, does the vote remain “nay” and not an “abstention”. Councillor Bodanza replied that all the minutes do is indicate what happened and not whether they are wrong or right. Councillor Freda asked Councillor Bodanza, who has been a city solicitor, if he has ever heard an abstention being denied. She added that this was an important decision. She spoke on Rule #18 of the City Council Rules and Procedures, in referring to her vote as “refusing to vote” which is incorrect. Council President David Cormier stated that this discussion is not appropriate in this forum, as there is possible litigation with the City. Councillor Freda warned of setting new policy that goes against the Law of the Commonwealth. Council President David Cormier asked Council Vice-President Pauline Cormier if the minutes were in order. Council Vice-President Pauline Cormier stated that yes, she finds them in order. IV. COMMUNICATIONS FROM THE MAYOR C-53 Dean J. Mazzarella, Mayor: Requests to accept the local transportation funding aid of $1,132,495.00 from the Massachusetts Department of Transportation into the Highway State Aid Receipts Reserved for Appropriation Account. Page 5  RE: Chapter 90 supplemental budget award for Fiscal Year 2023. (Finance; Regular Course 03/14/2022; Majority Vote) Councillor Freda asked if this was supplemental or whether it was regular Chapter 90 money. City Clerk, Katelyn Huffman, stated that the petition was submitted as supplemental per the Mayor’s cover letter but that she will be happy to amend this petition by striking the word supplemental. This was given REGULAR COURSE. C-54 Dean J. Mazzarella, Mayor: Requests an appropriation of $1,359,327.62 be made to the Sewer Department Capital Outlay Expense Account; the same amount to be transferred from the Excess and Deficiency Account. (Finance; Regular Course 03/14/2022; Majority Vote) This was given REGULAR COURSE. C-55 Dean J. Mazzarella, Mayor: Requests an appropriation of $3,700,000.00 be made to the Stabilization Fund: The same amount to be transferred from the Excess and Deficiency Account (Undesignated Fund Balance). (Finance; Regular Course 03/14/2022; Majority Vote) This was given REGULAR COURSE. C-56 Dean J. Mazzarella, Mayor: Requests an appropriation of $1,424,576.10 be made to the Water Department Capital Outlay Expense Account; the same amount to be transferred from the Excess and Deficiency Account. (Finance; Regular Course 03/14/2022; Majority Vote) This was given REGULAR COURSE. C-57 Dean J. Mazzarella, Mayor: Requests an appropriation of $19,964.00 be made to the Leominster Retirement System; the same amount to be transferred from the Unfunded Liability Account. (Finance; Regular Course 03/14/2022; Majority Vote) This was given REGULAR COURSE. C-58 Dean J. Mazzarella, Mayor: Requests an appropriation of $250,000.00 be made to the Fire Department Salary & Wages Account; the same amount to be transferred from the Stabilization Fund. RE: Overtime for Department Page 6  (Finance; Regular Course 03/14/2022; 2/3 Vote) This was given REGULAR COURSE. C-59 Dean J. Mazzarella, Mayor: Requests the amount of $250,000.00 be transferred to the DPW sidewalks and curbing account; same to be transferred from the Excess and Deficiency Account. RE: Annual Sidewalk Repair Program (Finance; Regular Course 03/14/2022; Majority Vote) This was given REGULAR COURSE. COMMUNICATIONS FROM THE MAYOR - Continued APPOINTMENTS: Dean J. Mazzarella, Mayor: Requests the appointment of Peggy Stephenson, 100 Weathervane Dr, to the Recreation Commission, term to expire April 15, 2025. (Ways and Means; Regular Course 03/14/2022; Interview 03/28/2022 at 6:40 PM; Majority Vote) This appointment was given REGULAR COURSE and an interview was scheduled for March 28, 2022, at 6:40 PM, with a vote of 9-0. RE-APPOINTMENTS: Dean J. Mazzarella, Mayor: Requests the reappointment of Michelle Haggstrom, 152 Sacramento Drive, to the Board of Appeals, term to expire April 15, 2025. (Ways and Means; Regular Course 03/14/2022; Majority Vote) This reappointment was given REGULAR COURSE. Dean J. Mazzarella, Mayor: Requests the reappointment of Nicole Pare, 29 Oakwind Hollow Rd, to the Board of Health, term to expire April 15, 2025. (Ways and Means; Regular Course 03/14/2022; Majority Vote) This reappointment was given REGULAR COURSE. Page 7 Dean J. Mazzarella, Mayor: Requests the reappointment of Peter Lanza, 16 Depot Square, to the Board of Health, term to expire April 15, 2025. (Ways and Means; Regular Course 03/14/2022; Majority Vote) This reappointment was given REGULAR COURSE. Dean J. Mazzarella, Mayor: Requests the reappointment of John Diggins, 59 Rustic Dr., to the Council on Aging, term to expire April 15, 2025. (Ways and Means; Regular Course 03/14/2022; Majority Vote) This reappointment was given REGULAR COURSE. Dean J. Mazzarella, Mayor: Requests the reappointment of Patricia Vallee, 16 Arrowhead Rd., to the Council on Aging, term to expire April 15, 2025. (Ways and Means; Regular Course 03/14/2022; Majority Vote) This reappointment was given REGULAR COURSE. Dean J. Mazzarella, Mayor: Requests the reappointment of Phyllis Gagne, 34 Fairmount St., to the Council on Aging, term to expire April 15, 2025. (Ways and Means; Regular Course 03/14/2022; Majority Vote) This reappointment was given REGULAR COURSE. Dean J. Mazzarella, Mayor: Requests the reappointment of Donna Smith, 161 Spruce St., #411, to the Council on Aging, term to expire April 15, 2025. (Ways and Means; Regular Course 03/14/2022; Majority Vote) This reappointment was given REGULAR COURSE. Dean J. Mazzarella, Mayor: Requests the reappointment of Robert Wilson, 19 Brown Ave., to the Cultural Commission, term to expire April 15, 2025. (Ways and Means; Regular Course 03/14/2022; Majority Vote) This reappointment was given REGULAR COURSE. Dean J. Mazzarella, Mayor: Requests the reappointment of LuAnn Longenecker, 90 Dobson Circle, to the Cultural Commission, term to expire April 15, 2025. (Ways and Means; Regular Course 03/14/2022; Majority Vote) This reappointment was given REGULAR COURSE. Page 8  Dean J. Mazzarella, Mayor: Requests the reappointment of Dean Carlson, 28 Iris Rd, to the Disability Commission, term to expire April 15, 2025. (Ways and Means; Regular Course 03/14/2022; Majority Vote) This reappointment was given REGULAR COURSE. Dean J. Mazzarella, Mayor: Requests the reappointment of Thomas Thelin, 48 Judy Dr., to the Disability Commission, term to expire April 15, 2025. (Ways and Means; Regular Course 03/14/2022; Majority Vote) This reappointment was given REGULAR COURSE. Dean J. Mazzarella, Mayor: Requests the reappointment of Joanne D’Onfro, 231 Helena St., to the Library Board of Trustees, term to expire April 15, 2025. (Ways and Means; Regular Course 03/14/2022; Majority Vote) This reappointment was given REGULAR COURSE. Dean J. Mazzarella, Mayor: Requests the reappointment of Susan Chalifoux-Zephir, 900 West St., to the Library Board of Trustees, term to expire April 15, 2025. (Ways and Means; Regular Course 03/14/2022; Majority Vote) This reappointment was given REGULAR COURSE. Dean J. Mazzarella, Mayor: Requests the reappointment of Thomas Carignan, 56 Saddlebred Dr., to the Planning Board, term to expire April 15, 2027. (Ways and Means; Regular Course 03/14/2022; Majority Vote) This reappointment was given REGULAR COURSE. Dean J. Mazzarella, Mayor: Requests the reappointment of Theresa McEwen, 500 Brooks Pond Rd., to the Recreation Commission, term to expire April 15, 2025. (Ways and Means; Regular Course 03/14/2022; Majority Vote) This reappointment was given REGULAR COURSE. V. PETITIONS FIRST TIME ON THE AGENDA 41-22 Gregory C. Chapdelaine, Purchasing Agent: Requests to enter into a six- year contract for Risk Management Services. Page 9  RE: Risk Management Services for the Treasurer's Office (Finance; Regular Course 03/14/2022; Majority Vote) This petition was given REGULAR COURSE. 42-22 Massachusetts Electric Company d/b/a National Grid and Verizon New England, Inc. requests permission to locate poles, wires, and fixtures, including the necessary sustaining and protecting fixtures, along and across the following public way: Nashua St - National Grid to install 1 JO Pole on Nashua St beginning at a point approximately 180 feet north of the centerline of the intersection of Nashua St. and Lawrence St. and continuing approximately 15 feet in an east direction. Installing P32-50 with 40'C2 to provide service to 280 Nashua St. Wherefore it prays that after due notice and hearing as provided by law, it be granted a location for and permission to erect and maintain poles and wires, together with such sustaining and protecting fixtures as it may find necessary, said poles to be erected substantially in accordance with the plan filed herewith marked - Nashua St - Leominster - Massachusetts. Also, for permission to lay and maintain underground laterals, cables, and wires in the above or intersecting public ways for the purpose of making connections with such poles and buildings as each of said petitioners may desire for distributing purposes. Your petitioner agrees to reserve space for one cross-arm at a suitable point on each of said poles for the fire, police, telephone, and telegraph signal wires belonging to the municipality and used by it exclusively for municipal purposes. (Public Service; Regular Course; 03/14/2022; Public Hearing 03/28/2022 at 6:45 PM; Majority Vote) This petition was given REGULAR COURSE and a Public Hearing was set for March 28, 2022, at 6:45 PM, by a vote of 8-0-1 (D. Cormier abstaining). 43-22 Massachusetts Electric Company d/b/a National Grid and Verizon New England, Inc. requests permission to locate poles, wires, and fixtures, including the necessary sustaining and protecting fixtures, along and across the following public way: Page 10  Grandview Ave - National Grid to install 3 JO Poles on Grandview Ave beginning at a point approximately 20 feet northwest of the centerline of the intersection of View St and continuing approximately 20 feet in a northeast direction. Install Pole # 4-50 and anchor on the northeastern side of Grandview Ave between existing poles 3 and 4. Continue - 125° northwest and install new Pole #9 and 2 anchors on the northeast side of View St. Continue - 105° west and install new pole #10 and anchor on the northwest side of View St. New poles are required for electrical service to three new homes being built on new section of View St. Wherefore it prays that after due notice and hearing as provided by law, it be granted a location for and permission to erect and maintain poles and wires, together with such sustaining and protecting fixtures as it may find necessary, said poles to be erected substantially in accordance with the plan filed herewith marked - Grandview Ave - Leominster - Massachusetts. Also for permission to lay and maintain underground laterals, cables, and wires in the above or intersecting public ways for the purpose of making connections with such poles and buildings as each of said petitioners may desire for distributing purposes. Your petitioner agrees to reserve space for one cross-arm at a suitable point on each of said poles for the fire, police, telephone, and telegraph signal wires belonging to the municipality and used by it exclusively for municipal purposes. (Public Service; Regular Course; 03/14/2022; Public Hearing 03/28/2022 at 6:47 PM; Majority Vote) This petition was given REGULAR COURSE and a Public Hearing was set for March 28, 2022, at 6:47 PM, by a vote of 8-0-1 (D. Cormier abstaining). 44-22 Massachusetts Electronic Company d/b/a National Grid and Verizon New England, Inc. requests permission to locate poles, wires, and fixtures, including the necessary sustaining and protecting fixtures, along and across the following public way: Field Rd - National Grid to relocate 1 JO Pole on Field Rd. beginning at a point approximately 150 feet west of the centerline of the intersection of Abbott Ave. and Field Rd. and continuing approximately 15 feet in a south direction. Relocating Pole #1 with 40'C2 approximately 20ft west from existing Pole 1. Page 11  Wherefore it prays that after due notice and hearing as provided by law, it be granted a location for and permission to erect and maintain poles and wires, together with such sustaining and protecting fixtures as it may find necessary, said poles to be erected substantially in accordance with the plan filed herewith marked - Field Rd. - Leominster - Massachusetts. Also for permission to lay and maintain underground laterals, cables, and wires in the above or intersecting public ways for the purpose of making connections with such poles and buildings as each of said petitioners may desire for distributing purposes. Your petitioner agrees to reserve space for one cross-arm at a suitable point on each of said poles for the fire, police, telephone, and telegraph signal wires belonging to the municipality and used by it exclusively for municipal purposes. (Public Service; Regular Course; 03/14/2022; Public Hearing 03/28/2022 at 6:49 PM; Majority Vote) This petition was given REGULAR COURSE and a Public Hearing was set for March 28, 2022, at 6:49 PM, by a vote of 8-0-1 (D. Cormier abstaining). 45-22 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: Pioneer Dr. - National Grid to install 1 SO Pole on Pioneer Dr. beginning at a point approximately 815 feet north of the centerline of the intersection of Orchard Hill Park and Pioneer Dr. and continuing approximately 15 feet in an east direction. Installing P12 with 40'C2 to provide service to 130 Pioneer Dr. Wherefore it prays that after due notice and hearing as provided by law, it be granted a location for and permission to erect and maintain poles and wires, together with such sustaining and protecting fixtures as it may find necessary, said poles to be erected substantially in accordance with the plan filed herewith marked - Pioneer Dr. - Leominster - Massachusetts. Also for permission to lay and maintain underground laterals, cables, and wires in the above or intersecting public ways for the purpose of making connections with such poles and buildings as each of said petitioners may desire for distributing purposes. Your petitioner agrees to reserve space for one cross-arm at a suitable point on each of said poles for the fire, police, telephone, and telegraph Page 12  signal wires belonging to the municipality and used by it exclusively for municipal purposes. (Public Service; Regular Course; 03/14/2022; Public Hearing 03/28/2022 at 6:51 PM; Majority Vote) This petition was given REGULAR COURSE and a Public Hearing was set for March 28, 2022, at 6:51 PM, by a vote of 9-0. PETITIONS FIRST TIME ON THE AGENDA - Continued 46-22 Hunter Bjorkman, on behalf of EcoATM, LLC: request to renew license to deal secondhand articles at 11 Jungle Road. (Ways and Means; Regular Course 03/14/2022; REFERRALS OUT: Police; Treasurer; Majority Vote) This was given REGULAR COURSE. VI. MATTERS BEFORE THE CITY COUNCIL VII. FINANCIAL REPORT - $19,733,226.00 STABILIZATION FUND BALANCE Councillor Bodanza explained the difference between long and short- term debts. He also outlined the debt situation in the City. VIII. FINANCE C-50 Dean J. Mazzarella, Mayor: Requests an appropriation of $50,000.00 be made to the Gallagher Building Maintenance Account; the same amount to be transferred from the Gallagher Building Revolving Account. RE: To cover expenses related to the Gallagher Building Maintenance. (Finance; Regular Course 02/28/2022; Majority Vote) The Finance Committee recommended that the City Council GRANT the communication. By a vote of 9-0 the communication was GRANTED. ORDERED: By a vote of 9-0, the communication was ADOPTED. Page 13 C-51 Dean J. Mazzarella, Mayor: Requests an appropriation of $20,000.00 to be made to the Municipal Building Maintenance Account; the same amount to be transferred from the Stabilization Fund. RE: Unexpected repairs to the elevator and heating system (Finance; Regular Course 02/28/2022; 2/3 Vote) Councillor Chalifoux-Zephir asked if these repairs were for City Hall. Councillor Bodanza said yes, City Hall is referred to as the Municipal Building. The Finance Committee recommended that the City Council GRANT the communication. By a vote of 9-0 the communication was GRANTED. ORDERED: By a roll call vote of 9-0, the communication was ADOPTED. C-52 Dean J. Mazzarella, Mayor: Requests an appropriation of $7,000.00 be transferred from the Wetland Protection Act Fund to the Conservation Commission Salary Line for Part-Time Clerks. RE: Funding of two interns (Finance; Regular Course 02/28/2022; Majority Vote) The Finance Committee recommended that the City Council GRANT the communication. By a vote of 9-0 the communication was GRANTED. ORDERED: By a vote of 9-0, the communication was ADOPTED. 40-22 Katelyn Huffman, City Clerk: Requests to accept a gift of 14 chairs, valued at $714.00 per chair, from AIS, Inc. of Leominster, MA. (Finance; Regular Course 02/28/2022; Majority Vote) It was asked that the City Clerk thank AIS for their generosity with an official letter from the Council. The Finance Committee recommended that the City Council GRANT the communication. By a vote of 9-0 the communication was GRANTED. Page 14 IX. LEGAL AFFAIRS 39-22 Katelyn Huffman, City Clerk: Requests a new section of the City of Leominster Revised Ordinances Chapter 1, Section 1.12, regarding an electioneering policy for the City of Leominster. (Legal Affairs; Regular Course 02/28/2022; Public Hearing 03/14/2022 at 6:40 PM; 2/3 Vote) Councillor Bodanza made a motion, seconded by Council Vice- President Pauline Cormier, to amend the Ordinance revision to say “the City’s municipal building at 25 West Street, and any other designated polling place”. The motion to AMEND was GRANTED with a vote of 9-0. The Legal Affairs Committee recommended passage of this petition. A vote was taken, and the petition was GRANTED with a roll call vote of 9-0. 20-22 Elizabeth Wood (on Behalf of the Planning Board) requests to amend the zoning ordinance pertaining to the parking of unregistered vehicles. RE: Overflow lots (Legal Affairs; Regular Course 06/14/2021; Public Hearing; January 10, 2022 @ 6:50PM; Cont. Public Hearing February 14, 2022 @ 6:50 PM; REFERRALS IN: Planning Director; REFERRALS OUT: Building Inspector, Zoning Board of Appeals; 2/3 Vote) The Legal Affairs Committee recommended FURTHER TIME and to set a public hearing for April 11, 2022, at 6:50 PM, by a vote of 9-0. 24-22 Elizabeth Wood (on Behalf of the Planning Board) requests to amend the zoning ordinance pertaining to Performance Guarantees for Site Plans. RE: To ensure that all conditions of approval, issued by the Planning Board for Site Plan, are completed. (Legal Affairs; Regular Course 01/10/2022; Public Hearing; January 24, 2022 @ 6:50PM; 2/3 Vote) A motion was made by Councillor Bodanza, seconded by Council Vice-President Pauline Cormier, to amend the ordinance amendment with the following changes: • Change the word “bylaw” to “ordinance” twice in the document. • 59.1 - He added “guarantee shall be collected by the City at or before the time a Certificate of Occupancy….” Page 15  • Requested in section 59.1.1 that the extra word ‘by’ be stricken. • 59.1.1. Also, he recommended to add “returned to the person (add “or entity) that furnished it.” This amendment was GRANTED by a vote of 9-0. The Legal Affairs Committee recommended that the City Council GRANT this petition, as amended. A vote was taken, and the petition was GRANTED with a roll call vote of 9-0. X. NEW BUSINESS XI. OLD BUSINESS Councillor Bodanza asked for an update on C-56 (Civil Service removal of Police Chief and Captain) as well as C-89 (Home Rule Petition). Council President David Cormier said that he would put this on a future agenda. Councillor Chalifoux-Zephir asked the City Clerk to send a letter to the Mayor regarding ARPA (American Rescue Plan Act) funds application. She would like information on how to apply. Councillor Freda spoke on Rule #18 and she read a letter from her attorney. Council President David Cormier asked if there was any other Old Business. Councillor Freda added that she feels it’s terrible to be so rude to her. XII. COMMUNITY CALENDAR XIII. ADJOURNMENT A motion was made by Councillor Bodanza, seconded by Councillor Ardinger, to adjourn the meeting at 8:16 PM. By a vote of 9-0 the meeting was adjourned. Page 16 - Katelyn Huffman, City Clerk Page 17