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 JUNE 13, 2022 JOHN P. MAHAN CITY COUNCIL CHAMBERS PUBLIC HEARING (Continued) 6:44 PM 55-22 Verizon New England, Inc. requests permission to locate poles, wires, cables, and fixtures, including the necessary anchors, guys and other such sustaining and protecting fixtures to be owned and used in common by your petitioners, along and across the following public way or ways: MERRIAM AVENUE: Place one (1) solely owned pole numbered T.104S on the east side of Merriam Avenue at a point approximately one hundred sixty- three (163) feet northerly from the center line of Shadow Lawn Drive. Reason: Place one (1) solely owned pole on Merriam Avenue at the request of an abutter to remove a trespass; and to provide for the distribution of intelligence and telecommunications. Wherefore they pray that after due notice and hearing as provided by law, they be granted joint or identical locations for and permission to erect and maintain poles, wires and cables, together with anchors, guys and other such sustaining and protecting fixtures as they may find necessary, said poles to be erected substantially in accordance with the plan filed herewith marked VERIZON No. 1A5F8DP, dated February 16, 2022. 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 petitioners agree to reserve space for one crossarm at a suitable point on each of said poles for the fire and police telephone and telegraph signal wires belonging to the municipality and used by it exclusively for municipal purposes. (Public Service; Regular Course 05/09/2022; Public Hearing 05/23/2022 at 6:45 PM; Continued Public Hearing 06/13/2022 at 6:44 PM; Majority Vote) The public hearing started at 6:44 PM. Alexander Marrero of Attleboro, MA, introduced himself as an authorized contractor for Verizon. He spoke about this 104S pole replacing the prior 104S pole, which is overloaded and is leaning. He added that Verizon feels there should be a pole placed across the street. Verizon feels placing cables underground is too costly. Councillor Chalifoux-Zephir explained that the plan was still not updated. She was looking for the location of the new pole, and Verizon stated that they do not want to mark up the road. She still would like to see the exact location. The homeowner is looking for other options. The cost is around $2,000 and will be paid by Verizon. Councillor Chalifoux- Zephir asked how Verizon decides if a pole is sufficient. Mr. Marrero answered that a new cable is placed around the pole if, if it seems to be overloaded, the engineering department will get involved. In this case, engineering agrees that a support pole is the best option and will not interrupt existing service. Councillor Brady asked if a third option was changing the class of the pole. Mr. Marrero answered that replacing the existing pole with a Class H pole (1-3/4 ft pole) would pose the threat of the wood rotting in a very short time. Councillor Chalifoux-Zephir asked if Verizon could install a more substantial pole, as this particular pole needs support. Councillor Freda asked what repercussions there would be if this is denied tonight. Mr. Marrero answered that the pole may fail due to leaning already. We are trying to prevent it from failing. Councillor Ardinger asked if the anchor pole is also in jeopardy of rotting. Page 2 Mr. Marrero answered that the anchor itself takes the brunt of this pole. Councillor Pauline Cormier asked where the anchor will go. Mr. Marrero answered that it will probably go right where the new fence is on the homeowner property without trespassing onto the homeowner’s property. Councillor Angelini asked if this is such an emergent situation, why wasn’t Verizon here three weeks ago. Mr. Marrero answered that he was only asked to be here tonight and doesn’t know what happened three weeks ago. Councillor Angelini asked about the pole on Lindell-Merriam leaning in the opposite direction and wondered if this pole could be used in the process. Mr. Marrero said that this pole is already being supported. Councillor Angelini asked what the load is. Mr. Marrero answered that there are cables from this pole up Merriam and across Lindell. Councillor Bodanza established that it isn’t likely that the load can be removed from 660 Merriam. Mr. Marrero added that he doesn’t think Verizon wants to remove load due to the expense and it isn’t likely these wires are going underground. Councillor Ardinger asked if the Lindell/Merriam Ave pole supports 660 Merriam. Mr. Marrero answered that is the other way around. 660 Merriam supports the corner, and the service may be going up Lindell Ave. Councillor Chalifoux-Zephir would like information from Verizon: She would like to know the location across from 660 Merriam. She would like alternatives to lighten the load in front of 660 Merriam. She would also like engineering to chime in for options to remedy this problem. The public hearing will be left open. The public hearing ended at 7:09 PM. Page 3 PUBLIC HEARING 6:45 PM C-84 Dean J. Mazzarella, Mayor: Request that the following ordinance change be adopted: Amend Chapter 16. Personnel. Section 16-30. Compensation grades. By inserting therein, the following sections: for FY2022 through FY2024: as follows: 6/30/2022 FY22 MIN 2 3 MID 4 5 6 MAX S-1 32,263 33,556 34,898 36,292 37,743 39,260 40,822 41,642 S-2 36,137 37,580 39,084 40,650 42,271 43,965 45,723 46,643 S-3 40,471 42,091 43,772 45,528 47,346 49,245 51,211 52,235 S-4 45,331 47,144 49,030 50,986 53,027 55,148 57,353 58,499 S-5 50,771 52,801 54,909 57,108 59,388 61,765 64,235 65,522 S-6 56,860 59,133 61,504 63,958 66,517 69,178 71,947 73,388 S-7 63,679 66,206 68,881 71,637 74,502 77,477 80,573 82,187 S-8 71,325 74,180 77,144 80,233 83,441 86,774 90,250 92,051 S-9 79,882 83,079 86,402 89,855 93,455 97,192 101,077 103,097 S-10 89,298 93,047 96,769 100,640 104,668 108,851 113,207 115,470 6/30/2023 FY23 MIN 2 3 MID 4 5 6 MAX S-1 33,400 34,739 36,128 37,571 39,074 40,644 42,261 43,109 S-2 37,410 38,905 40,462 42,083 43,761 45,515 47,334 48,287 S-3 41,897 43,575 45,315 47,133 49,015 50,980 53,016 54,077 S-4 46,929 48,806 50,759 52,783 54,896 57,092 59,374 60,561 S-5 52,560 54,663 56,844 59,121 61,482 63,942 66,499 67,831 S-6 58,864 61,218 63,672 66,213 68,862 71,617 74,483 75,975 S-7 65,923 68,540 71,309 74,162 77,128 80,208 83,413 85,084 S-8 73,839 76,794 79,863 83,061 86,382 89,833 93,431 95,296 S-9 82,698 86,008 89,448 93,022 96,750 100,618 104,640 106,731 S-10 92,446 96,327 100,181 104,188 108,358 112,688 117,197 119,540 6/30/2024 FY24 MIN 2 3 MID 4 5 6 MAX Page 4 S-1 34,235 35,607 37,032 38,510 40,050 41,660 43,318 44,187 S-2 38,346 39,877 41,474 43,135 44,855 46,653 48,518 49,494 S-3 42,945 44,664 46,448 48,311 50,241 52,255 54,342 55,428 S-4 48,102 50,026 52,028 54,103 56,268 58,520 60,859 62,075 S-5 53,874 56,029 58,265 60,599 63,019 65,541 68,161 69,527 S-6 60,336 62,748 65,264 67,868 70,584 73,407 76,345 77,874 S-7 67,571 70,253 73,091 76,016 79,056 82,213 85,498 87,211 S-8 75,685 78,714 81,860 85,138 88,542 92,079 95,767 97,678 S-9 84,766 88,158 91,684 95,348 99,169 103,133 107,256 109,399 S-10 94,757 98,736 102,685 106,793 111,067 115,506 120,127 122,529 (Legal Affairs; Regular Course 5/23/2022; Public Hearing 06/13/2022 at 6:45 PM; 2/3 Vote) The public hearing opened at 7:09 PM. Councillor Angelini explained the chart and the reason for the Cost of Living increases. The public hearing was closed at 7:11 PM. PUBLIC HEARING – CONTINUED – 6:50 PM 48-22 Peter Angelini, Ward 5 Councillor: Requests to amend the City of Leominster Revised Ordinances Section 12-2 as attached. This amendment is proposed to take effect July 1, 2022. RE: To revise the fee schedule in the City of Leominster to begin July 1, 2022 (FY2023) (Legal Affairs: Regular Course 03/28/2022; Public Hearing 04/11/2022 at 6:45 PM; Public Hearing Continued to 05/09/2022 at 6:30 PM; Public Hearing Continued to 06/13/2022 at 6:50 PM; REFERRALS OUT: License Commission, Board of Health, Planning and Conservation; 2/3 Vote) The public hearing was opened at 7:12 PM. Councillor Angelini spoke on this petition with amendments: Page 5  1) Item #19 should say Sunday entertainment license is $20/per event or $400/yearly. 2) #63 needs to have the word “birth” spelled correctly. 3) Include the language “allow the City to renumber this schedule as needed” 4) The effective date needs to be changed to “effective upon passage” The public hearing was closed at 7:16 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 7:16 PM. Jeffrey Stephens, Health Director, explained the need for C-90 and C-92 on the agenda this evening. These two accounts have run significantly short on funds. There are 5-year contracts in place and there is a need to cover funding that the City is incurring in order to close out these bills before the new fiscal year. There is one more year until this contract is completed and he will try to mitigate this occurrence. Council President David Cormier stated that discussion on these two communications will take place at the next meeting, along with the vote. Mr. Stephens wanted to clear up why this money was being requested. The public forum was closed at 7:20 PM. I. REGULAR MEETING OF THE CITY COUNCIL, 7:00 P.M. II. PLEDGE OF ALLEGIANCE Page 6  III. 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; Councillor Freda; City Clerk Katelyn Huffman; and Assistant City Clerk Dianne Reardon. IV. APPROVAL OF RECORDS - May 23, 2022 – Council Vice-President Pauline Cormier asked to wait on voting these minutes while some typos are fixed. She will contact the clerk’s office with the corrections. Councillor Freda spoke about Richard Earley and his work with the Veterans Department here in Leominster. The City Council had a Moment of Silence in his memory. A motion was made by Councillor Freda, seconded by Councillor Chalifoux-Zephir, to enter into recess at 7:08 PM. This was passed with a vote of 9-0. The Council was back in session at 7:20 PM. V. COMMUNICATIONS FROM THE MAYOR C-90 Dean J. Mazzarella, Mayor: Request an appropriation of $179,000.00 be made to the Refuse Disposal Expense Account; the same amount to be transferred from the Excess and Deficiency Account. (Finance; Regular Course 06/13/2022; Majority Vote) RE: Residential refuse and recycling tons picked up in excess of estimates. This communication was given REGULAR COURSE. C-91 Dean J. Mazzarella, Mayor: Request an appropriation of $2,500,000 be made to the Fall Brook School Capital Project Fund; the same amount to be transferred from the Excess and Deficiency Account (Undesignated Fund Balance). (Finance; Regular Course 06/13/2022; Majority Vote) RE: Fall Brook Elementary School Feasibility Study This communication was given REGULAR COURSE. C-92 Dean J. Mazzarella, Mayor: Request an appropriation of $16,847.00 be made to the Refuse Disposal Expense Account; the same amount to be transferred from the Excess and Deficiency Account. (Undesignated Fund Balance). (Finance; Regular Course 06/13/2022; Majority Vote) Page 7  RE: Excess Fuel Costs This communication was given REGULAR COURSE. COMMUNICATIONS FROM THE MAYOR, CONTINUED C-93 Dean J. Mazzarella, Mayor: Request an appropriation of $80,000.00 be made to the Highway Fuel Depot Expense Account; the same amount to be transferred from the Excess and Deficiency Account. (Finance; Regular Course 06/13/2022; Majority Vote) RE: Excess Fuel Costs This communication was given REGULAR COURSE. C-94 Dean J. Mazzarella, Mayor: Request an appropriation of $25,000.00 be made to the Municipal Building Maintenance Expense Account; the same amount to be transferred from the Excess and Deficiency Account. (Finance; Regular Course 06/13/2022; Majority Vote) RE: Cover ongoing bills to upgrade municipal buildings. This communication was given REGULAR COURSE. C-95 Dean J. Mazzarella, Mayor: Request an appropriation of $43,000 be transferred from the Stabilization Account to the Highway Capital Account. (Finance; Regular Course 06/13/2022; 2/3 Vote) RE: Safe Route to Schools This communication was given REGULAR COURSE. C-96 Dean J. Mazzarella, Mayor: Request the Leominster City Council endorse the Leominster 202-2028 Open Space and Recreation Plan. (Ways & Means; Regular course 06/13/2022; Majority Vote) This communication was given REGULAR COURSE. C-97 Dean J. Mazzarella, Mayor: Request that Kelly Marciano be exempt from the provisions of M.G.L Chapter 268A, (20B) Conflict of Interest. (Ways & Means; Regular Course 06/13/2022; Majority Vote) This communication was given REGULAR COURSE. Page 8  C-98 Dean J. Mazzarella, Mayor: Request that Brianna Wark be exempt from the provisions of M.G.L Chapter 268A, (20B) Conflict of Interest. (Ways & Means; Regular Course 06/13/2022; Majority Vote) This communication was given REGULAR COURSE. COMMUNICATIONS FROM THE MAYOR, CONTINUED Dean J. Mazzarella, Mayor: Request the appointment of Bill Comeau to the License Commission, term to expire 04/15/2028. (Ways & Means; Regular Course 06/13/2022; Interview 06/27/2022 at 6:50 PM; Majority Vote) This appointment was given REGULAR COURSE and an interview was set for June 27, 2022 at 6:50 PM. Dean J. Mazzarella, Mayor: Request the appointment of Isaiah Koranda to the Board of Assessors, term to expire 04/15/2025. (Ways & Means; Regular Course 06/13/2022; Interview 06/27/2022 at 6:51 PM; Majority Vote) This appointment was given REGULAR COURSE and an interview was set for June 27, 2022 at 6:51 PM. Dean J. Mazzarella, Mayor: Requests the permanent appointment of Nicholas Abruzzi to the position of Director of Recreation for the City of Leominster for a term of three years. (Ways & Means; Regular Course 06/13/2022; Interview 06/27/2022 at 6:52 PM; Majority Vote) This appointment was given REGULAR COURSE and an interview was set for June 27, 2022 at 6:52 PM. VI. PETITIONS FIRST TIME ON THE AGENDA 57-22 The City of Leominster Retirement Board voted unanimously to increase the COLA base amount for the City of Leominster Retirement Board Retirees from $12,000 to $13,000. (Finance; Regular Course 06/13/2022; Majority Vote) This petition was given REGULAR COURSE. 58-22 Brendan O'Donoghue, on behalf of Best Buy Stores LP #1433: request to renew license to deal secondhand articles at 33 Orchard Hill Park Drive, Leominster, MA. (Ways and Means; Regular Course 06/13/2022; Majority Vote) Page 9  This petition was given REGULAR COURSE. 59-22 William Brady, Ward One Councillor, request to install a streetlight on Pole #NG 1 at 7 Crescent Street. (Public Service; Regular Course 06/13/2022; Majority Vote) This petition was given REGULAR COURSE with referrals to the DPW, the Mayor’s Office, and the Wire Inspector. 60-22 Gregory C. Chapdelaine, Purchasing Agent, requests to enter into a six- year contract with the Animal Control Officer and the Animal inspector Services. (Finance; Regular Course 06/13/2022; Majority Vote) This petition was given REGULAR COURSE 61-22 Gregory C. Chapdelaine, Purchasing Agent: requests to enter into a six- year contract for Water Backflow Testing Service. RE: This will cover FY23 - FY28 (Finance; Regular Course 06/13/2022; Majority Vote) This petition was given REGULAR COURSE VII. MATTERS BEFORE THE CITY COUNCIL VIII. FINANCIAL REPORT – STABILIZATION FUND BALANCE - $20,768,705.00 IX. FINANCE C-82 Dean J. Mazzarella, Mayor: Requests an appropriation of $250,000.00 be made to the Municipal Building Maintenance Account; the same amount to be transferred from the Excess and Deficiency Account. RE: Completion of copper troughs and gutter system on City Hall. (Finance: Regular Course 05/23/2022; Majority Vote) Page 10  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 order was ADOPTED. C-83 Dean J. Mazzarella, Mayor: Requests an appropriation of $14,000.00 be made to the Highway Equipment Expense Account; the same amount to be transferred from the Excess and Deficiency Account. RE: Purchase of a Utility Gator (Finance: Regular Course 05/23/2022; 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 order was ADOPTED. C-86 Dean J. Mazzarella, Mayor: Requests an appropriation of $338,550.00 to be made to the DPW Equipment Fund; the same amount to be transferred from the Excess and Deficiency Account (Undesignated Fund Balance). RE: Purchase of two sidewalk snowplows that will replace older/failing models (Finance; Regular Course 05/23/2022; 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 order was ADOPTED. C-87 Dean J. Mazzarella, Mayor: Requests an appropriation of $417,035.00 to be made to the Data Processing Account; the same amount to be transferred from the Excess and Deficiency Account (Undesignated Fund Balance). RE: To replace expiring computer software for Police and Fire Departments. (Finance; Regular Course 05/23/2022; Majority Vote) Councillor Bodanza noted that the amount should be $418,035.00, as was amended at the last meeting. Page 11  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 order was ADOPTED. C-88 Dean J. Mazzarella, Mayor: Requests an appropriation of $1,000.000.00 be made to the Stabilization Fund; the same amount to be transferred from the Excess and Deficiency Account (Undesignated Fund Balance). (Finance; Regular Course 05/23/2022; 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 order was ADOPTED. C-89 Dean J. Mazzarella, Mayor: Requests an appropriation of $1,000,000.00 be made to the Capital Investment Fund; the same amount to be transferred from the Excess and Deficiency Account (Undesignated Fund Balance) RE: These funds are to be set aside for capital items, including the police station (Finance; Regular Course 05/23/2022; 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 order was ADOPTED. Councillor Chalifoux-Zephir asked for an updated total of the Excess and Deficiency Account. Councillor Bodanza replied that he will get that balance. X. LEGAL AFFAIRS 48-22 Peter Angelini, Ward 5 Councillor: Requests to amend the City of Leominster Revised Ordinances Section 12-2 as attached. This amendment is proposed to take effect July 1, 2022. RE: To revise the fee schedule in the City of Leominster to begin July 1, 2022 (FY2023) Page 12 (Legal Affairs: Regular Course 03/28/2022; Public Hearing 04/11/2022 at 6:45 PM; Public Hearing Continued to 05/09/2022 at 6:30 PM; Public Hearing Continued to 06/13/2022 at 6:50 PM; FURTHER TIME 04/25/2022; 2/3 Vote) Councillor Angelini proposed amendments to the fee schedule ordinance amendment: 1) Item #19 – Sunday entertainment license should be $20/per event or $400/yearly. 2) #63 the word “birth” needs to be correctly spelled. 3) The adoption date should be “effective upon passage”. 4) Renumbering of the fee chart should be allowed by the City of Leominster, as needed. Councillor Bodanza made a motion to make these amendments, seconded by Council Vice-President Pauline Cormier. The amendments were passed with a vote of 8-1 (Councillor Freda opposed). Councillor Freda spoke on the need of raising the fees, however she feels it is the wrong time to raise them with the economy the way it is. She feels it is a mistake at this time. Councillor Chalifoux-Zephir agreed that the timing is poor, but the fees needed to be reviewed. Councillors Bodanza and Angelini did not agree with this sentiment. They felt that all costs are going up and the City needs to keep pace with paying the employees that process permits and do these jobs. For the same reason the Councillors are opposed, is why they are in favor. Councillor Freda said she understands the discussion but she fails to see how we are helping people with these fees. She went through the fee schedule that is proposed. She is not opposed to raising, just not at this point in time. Councillor Brady added that the cost of doing business has tripled. Some permits have to be raised in order to keep pace. The Legal Affairs committee recommended that the City Council GRANT the petition. By a roll call vote of 7-2 (Councillors Freda and Chalifoux-Zephir voted “nay”) the petition was GRANTED, as amended. Page 13  C-84 Dean J. Mazzarella, Mayor: Request that the following ordinance change be adopted: Amend Chapter 16. Personnel. Section 16-30. Compensation grades. By inserting therein, the following sections: for FY2022 through FY2024: as follows: 6/30/2022 FY22 MIN 2 3 MID 4 5 6 MAX S-1 32,263 33,556 34,898 36,292 37,743 39,260 40,822 41,642 S-2 36,137 37,580 39,084 40,650 42,271 43,965 45,723 46,643 S-3 40,471 42,091 43,772 45,528 47,346 49,245 51,211 52,235 S-4 45,331 47,144 49,030 50,986 53,027 55,148 57,353 58,499 S-5 50,771 52,801 54,909 57,108 59,388 61,765 64,235 65,522 S-6 56,860 59,133 61,504 63,958 66,517 69,178 71,947 73,388 S-7 63,679 66,206 68,881 71,637 74,502 77,477 80,573 82,187 S-8 71,325 74,180 77,144 80,233 83,441 86,774 90,250 92,051 S-9 79,882 83,079 86,402 89,855 93,455 97,192 101,077 103,097 S-10 89,298 93,047 96,769 100,640 104,668 108,851 113,207 115,470 6/30/2023 FY23 MIN 2 3 MID 4 5 6 MAX S-1 33,400 34,739 36,128 37,571 39,074 40,644 42,261 43,109 S-2 37,410 38,905 40,462 42,083 43,761 45,515 47,334 48,287 S-3 41,897 43,575 45,315 47,133 49,015 50,980 53,016 54,077 S-4 46,929 48,806 50,759 52,783 54,896 57,092 59,374 60,561 S-5 52,560 54,663 56,844 59,121 61,482 63,942 66,499 67,831 S-6 58,864 61,218 63,672 66,213 68,862 71,617 74,483 75,975 S-7 65,923 68,540 71,309 74,162 77,128 80,208 83,413 85,084 S-8 73,839 76,794 79,863 83,061 86,382 89,833 93,431 95,296 S-9 82,698 86,008 89,448 93,022 96,750 100,618 104,640 106,731 S-10 92,446 96,327 100,181 104,188 108,358 112,688 117,197 119,540 Page 14 6/30/2024 FY24 MIN 2 3 MID 4 5 6 MAX S-1 34,235 35,607 37,032 38,510 40,050 41,660 43,318 44,187 S-2 38,346 39,877 41,474 43,135 44,855 46,653 48,518 49,494 S-3 42,945 44,664 46,448 48,311 50,241 52,255 54,342 55,428 S-4 48,102 50,026 52,028 54,103 56,268 58,520 60,859 62,075 S-5 53,874 56,029 58,265 60,599 63,019 65,541 68,161 69,527 S-6 60,336 62,748 65,264 67,868 70,584 73,407 76,345 77,874 S-7 67,571 70,253 73,091 76,016 79,056 82,213 85,498 87,211 S-8 75,685 78,714 81,860 85,138 88,542 92,079 95,767 97,678 S-9 84,766 88,158 91,684 95,348 99,169 103,133 107,256 109,399 S-10 94,757 98,736 102,685 106,793 111,067 115,506 120,127 122,529 (Legal Affairs; Regular Course 5/23/2022; Public Hearing 06/13/2022 at 6:45 PM; 2/3 Vote) The Legal Affairs Committee recommends passage of this ordinance change. With a roll call vote of 9-0, the ordinance change was ADOPTED. XI. PUBLIC SERVICE 55-22 Verizon New England, Inc. requests permission to locate poles, wires, cables, and fixtures, including the necessary anchors, guys and other such sustaining and protecting fixtures to be owned and used in common by your petitioners, along and across the following public way or ways: MERRIAM AVENUE: Place one (1) solely owned pole numbered T.104S on the east side of Merriam Avenue at a point approximately one hundred sixty-three (163) feet northerly from the center line of Shadow Lawn Drive. Reason: Place one (1) solely owned pole on Merriam Avenue at the request of an abutter to remove a trespass; and to provide for the distribution of intelligence and telecommunications. Wherefore they pray that after due notice and hearing as provided by law, they be granted joint or identical locations for and permission to erect and maintain poles, wires and cables, together with anchors, guys and other such sustaining and protecting fixtures as they may find necessary, said Page 15  poles to be erected substantially in accordance with the plan filed herewith marked VERIZON No. 1A5F8DP, dated February 16, 2022. 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 petitioners agree to reserve space for one crossarm at a suitable point on each of said poles for the fire and police telephone and telegraph signal wires belonging to the municipality and used by it exclusively for municipal purposes. (Public Service; Regular Course 05/09/2022; Public Hearing 05/23/2022 at 6:45 PM; Continued Public Hearing 06/13/2022 at 6:44 PM; Majority Vote) This petition was given FURTHER TIME and a continued public hearing was set for June 27, 2022 at 6:40 PM, with a vote of 8-0-1 (Councillor David Cormier abstained). XII. WAYS AND MEANS C-85 Dean J. Mazzarella, Mayor: Requests a RESOLUTION vote of support to enter into a Tax Increment Financing agreement (TIF) with Girouard Tool Corporation located at 561 Research Drive, Leominster, MA. (Ways and Means; Regular Course 05/23/2022; Majority Vote) Amanda Curtis, Economic Development, Bill Connor, Assessor, Nick Julius, Girouard Tool, and Melissa McCloud, Girouard Tool addressed the Council. A motion was made by Councillor Bodanza, seconded by Councillor Chalifoux-Zephir to recess at 7:55 PM. The motion was passed with a vote of 9-0. Council Vice-President Pauline Cormier explained the process of a Tax Increment Financing Agreement. Bill Connor explained how the program is incrementally increasing the taxes on the business. This is a 5-year process. The burden increases 20% over a five-year period. The first year is 100% deferred taxes. Council Vice-President Pauline Cormier asked about other TIF agreements with the City. Page 16 Mr. Connor explained how these agreements work out great for the City. These companies are committing to creating jobs or an agreement may end. We have had a few TIFs not work. Nick Julius explained the company as an injection molding company with lots of growth and they have no more room at the facility they now occupy. They need to expand into a new building. Council Vice President Pauline Cormier asked how many employees are employed at the moment. Melissa McCloud answered ten employees right now. Council Vice President Pauline Cormier asked if the current building is being expanded. Mr. Julius answered that they will be moving to a new building on Research Drive. Nick added that the company has been in business since 1964. Councillor Angelini stated that he has reservations about TIFs if there is a default. He asked if the City is able to recover the past monies that were lost. Mr. Connor answered that, no, they only recoup moving forward. This agreement is not taken into lightly. Five years is the minimum length by state law. Councillor Deacon asked if any other corporations have asked for extensions. Mr. Connor answered that he has never heard of that happening. Councillor Deacon asked if most TIFs were 5-year TIFs. Mr. Connor answered that, yes, most that he does are 5 years. Councillor Angelini asked if there are any customers of Girouard Tool in Leominster. Mr. Julius answered No. Councillor Brandy feels as if this is a win/win agreement. Councillor Chalifoux-Zephir asked how many of the ten employees live in Leominster. Page 17  Ms. McCloud answered one. Councillor Chalifoux-Zephir asked about the percentage of taxes that will be deferred for the first year. Mr. Connor mentioned the numbers changing due to assessment values, but the property taxes that are deferred are for the building only and not the property. Councillor Freda clarified that the first year has no taxes and each year increments. She wishes them luck and see lots of success with TIFs. Councillor Bodanza asked if there is a personal property tax on manufacturing equipment. Mr. Connor answered that there are no taxes if you are distinguished in the state as a manufacturing corporation. Councillor Chalifoux-Zephir asked for the schedule to add employees. Ms. McCloud said there will be 2 in the first year and one for each additional year. The Council was back in session at 8:14 PM. City Clerk, Katelyn Huffman, read the TIF resolution. With a roll call vote of 9-0, the TIF Agreement was ADOPTED. XIII. NEW BUSINESS a. Executive Session with City Solicitor – June 27, 2022, at 6:00PM, City Council Chambers regarding update on litigations. Council President David Cormier noted that all members received the update on litigation. Councillor Freda asked if this was all inclusive, as it doesn’t appear to be. City Clerk Katelyn Huffman replied that this is what was received and she asked for an update and received nothing. Page 18  Councillor Bodanza stated that, with very little on the list, he would be hard-pressed to pay City Counsel to attend an Executive Session of the City Council. Councillor Freda added that there may not be a charge for this. City Clerk Huffman will find out what is in the contract. Councillor Bodanza asked first if this is a complete list. Councillor Freda added that the new councillors should have the experience to hear the City Counsel speak. Council Vice-President Pauline Cormier would like to see an updated list before setting up the Executive Session. Councillor Angelini is in agreement that there is nothing too time sensitive on the list and we can ask for another Executive Session at any time. Councillor Freda said that the past experience tells her that some things we are told in these meetings need to be questioned, such as why things take so long. Councillor Chalifoux-Zephir asked for follow-up with KP Law about the list and if the trip is an added expense or in their contract. Councillor Freda made a motion, seconded by Councillor Brady, to schedule an Executive Session with City Counsel on June 27, 2022 at 6:00 PM. The motion was NOT passed with a vote of 2-7. Council President David Cormier said that he will revisit in July. XIV. OLD BUSINESS Second Reading of an Ordinance: 49-22 Elizabeth Wood (On Behalf of the Planning Board) requests to amend the zoning ordinance pertaining to the Solar Ordinance, Article III Table of Uses and Section 22-104 of Zoning, per attached letter. (Legal Affairs; Regular Course 03/28/2022; Public Hearing 05/09/2022 at 6:50 PM; Further Time 04/11/2022, 04/25/2022, 05/09/2022; Public Hearing 06/13/2022 @ 6:50 PM; 2/3 Vote) Councillor Angelini read the ordinance. Page 19  The Legal Affairs Committee recommended that the City Council ADOPT the second reading of the ordinance, as amended. By a roll call vote of 9-0 the second reading of the ordinance was ADOPTED. XV. COMMUNITY CALENDAR Councillor Freda spoke on the Mount Wachusett Community College graduation and that Neddie Latimer received the Service Over Self Award. She added that the Leominster Campus of MWCC will be expanding and ready in 2023. XVI. ADJOURNMENT Councillor Bodanza made a motion, seconded by Councillor Chalifoux-Zephir, to adjourn the meeting at 8:30 PM. The motion was passed with a vote of 9-0. - Katelyn Huffman, City Clerk Page 20