City Council

HEARING BEFORE THE CITY COUNCIL, May 10, 2004 Hearing opened at 6:37 with Councillor Marchand, Chair of the Legal Affairs Committee presiding. All members were present; Councillor Freda arrived late. The following PETITION was the subject of the hearing. 104-04 Wachusett Development and Construction Inc.: Grant a Special Permit to construct a 2,500 square foot office building with an associated 10 space parking area at 166 Hamilton Street, as shown on Assessors Map 236, as lot 1, Map 237 as lot 1A and Map 238 as lots 1, 3 & 7, located within the flood plain district in an Industrial Zone. Councillor Marchand stated that the hearing notice had been duly published and all the abutters notified. Introduced and made part of the record were the following: A. Petition #104-04 submitted by Wachusett Development and Construction Inc. with accompanying plan dated February 24, 2004 entitled Layout and Materials Plan, Hamilton Street prepared by Fred A Hamwey Jr., Registered Professional Engineer, 14 Manning Avenue, Suite 308, Leominster, MA. B. Letters of recommendation from the Fire Department, the Director of Inspections, the Board of Health, the Planning Board and the Department of Public Works. C. Copies of the Notice of Public Hearing published in the Sentinel & Enterprise on April 26, 2004 and May 3, 2004. The Planning Board reviewed a revised plan that showed a designated snow storage area and felt it met the guidelines for Site Plan approval. The Fire Department requested a condition of the permit be that the water service to the building is sized appropriately for any fire sprinklers which may be required to be installed in the future. It is the opinion of the Fire chief that the two inch copper domestic water service shown on the plan could not support a full system of automatic fire sprinklers, should the need for their installation arise. Mark Piermarini, Hamwey Engineering spoke in support. He said that he is proposing to build a 2,500 square foot office building with an associated 10 space parking area. He said they are tearing down the building across the street and reconstructing it on the new site. He said this will not be any decrease in the flood storage area. Mr. Piermarini said that although the parking lot is raised he has cut back in the grade in the back of the lot so again there is no decrease in flood storage. HEARING BEFORE THE CITY COUNCIL, May 10, 2004 Also present at the hearing were Chuck Doyle from Red Line Wall Systems and Brian Campbell from Wachusett Development. The building is for 2500 square feet of office space with ten parking spaces. Councillor Marchand asked if there were any plans for future expansion. Mr. Piermarini said that they are going to continue to use the current gravel parking area. Councillor Marchand asked if that was a shared parking lot. Mr. Piermarini said it was just for Red Line Wall Systems. Councillor Nickel asked how they planned to deal with snow storage. Mr. Piermarini said that the Conservation Commission made it a condition that they remove snow piles if they get higher than eight feet. Councillor Dombrowski asked if this building is going to be consistent with the other building that was just built. Mr. Piermarini said it was. Councillor Rowlands asked what is going to happen to the property that is being knocked down across the street. Mr. Campbell said that it was going to be used for parking. No one spoke in opposition. Land is presently zoned Industrial and this is a permitted use. Due to the fact that it is in the floodplain area a special Permit issued by a two-thirds vote is necessary to carry out the proposed construction. In accordance with Chapter 22 of the Revised Ordinances, Zoning; Article V, Permitted Uses Section 22-37. Based on the above information, the City Council at the regular meeting held on May 10, 2004 with nine members of the City Council, present, determined that the applicant has complied with all the procedural requirements of the appropriate sections of the Zoning Ordinance of the City of Leominster and the Massachusetts Zoning Act. (M.G.L.) Chapter 40A and the City Council voted nine “yeas” to grant the Special Permit with the conditions set forth by the Fire Department and subject to the applicants compliance with any and all other applicable state or federal requirements. HEARING ADJOURNED: 6:45 P.M. Ann B. Mahan, City Clerk and Clerk of the City Council HEARING BEFORE THE CITY COUNCIL, May 10, 2004 Hearing opened at 7:41 with Councillor Nickel, Chair of the Public Service Committee presiding. All members were present. The following PETITION was the subject of the hearing. 121 -04 Massachusetts Electric Company: Orchard Hill Drive: Install a cable and conduit system beginning at (1) the intersection of Harvard Street and Orchard Hill Drive at P-31 continuing 2350 feet in a northerly direction to the intersection of Pioneer Drive Extension; (2) at a point 870 feet north of the centerline of Harvard Street on Orchard Hill Drive at Manhole 2 and continuing 60 feet in a westerly direction to a handhold on private property; (3) at a point 1270 feet north of the centerline of Harvard Street on Orchard Hill Drive at Switch Gear 4 and continuing 60 feet in an easterly direction, then 90 feet in a southerly direction along Orchard Hill Drive. Larry Schuyler, representing Massachusetts Electric spoke in support. No one spoke in opposition. No Councillors spoke. HEARING ADJOURNED: 7:45 P.M. Ann B. Mahan, City Clerk and Clerk of the City Council HEARING BEFORE THE CITY COUNCIL, May 10, 2004 Hearing opened at 7:46 with Councillor Nickel, Chair of the Public Service Committee presiding. All members were present. The following PETITION was the subject of the hearing. 122-04 Massachusetts Electric Company and Verizon New England Inc.: Leland Avenue: Relocate one jointly owned pole on Leland Avenue beginning at a point approximately 83 feet northwest of the centerline of the intersection of Roosevelt Avenue and continuing approximately 13 feet in an easterly direction. Larry Schuyler, representing Massachusetts Electric spoke in support. No one spoke in opposition. No Councillors spoke. HEARING ADJOURNED: 7:48 P.M. Ann B. Mahan, City Clerk and Clerk of the City Council REGULAR MEETING OF THE CITY COUNCIL, MAY 10, 2004 Meeting called to order at 8:02 P.M. Attendance was taken by a roll call vote; all members present. The Committee on Records reported that the records were examined through April 26, 2004 and found to be in order. The records were accepted. A recess was called at 8:04 P.M. to hold an informational meeting and a public forum. Meeting reconvened at 9:31 P.M. The following COMMUNICATIONS were received, referred to the FINANCE COMMITTEE and given REGULAR COURSE. C-88 Relative to the appropriation of $6,900.00 to the Emergency Management Agency Expense Account; same to be transferred from the Excess and Deficiency Account. C-89 Relative to the appropriation of $3,500.00 to the Sanitation/Drainage Expense Account; same to be transferred from the Excess and Deficiency Account. C-90 Relative to the appropriation of $15,000.00 to the Street Marking Expense Account; same to be transferred from the Snow and Ice Expense Account. C-91 Relative to the appropriation of $50,000.00 to the Fire Department Overtime Account; same to be transferred from the Excess and Deficiency Account. Three following COMMUNICATIONS were received under SUSPENSION OF THE RULES, referred to the FINANCE COMMITTEE and given REGULAR COURSE. Vt. 9/0 C-92 Dean J. Mazzarella, Mayor: Request that a donation of $300,000.00 by the Leominster Land Trust be accepted by the City of Leominster for the purpose of purchasing for the purpose of purchasing for conservation and passive recreation purposes as authorized by Chapter 44, Section 53A of the Massachusetts General Laws. C-93 Relative to the appropriation of $55,200 to the Land Purchase Expense Account; same to be transferred from the Sales of Real Estate Fund. The following PETITION was received, referred to the PUBLIC SERVICE, CITY PROPERTY and LEGAL AFFAIRS COMMITTEES, given REGULAR COURSE and referred to the Solid Waste Committee, the Health Department, the Department of Public Works and the Mayor. 123-04 Maurice Lucier: Request that the city’s municipal solid waste curb side pick up ordinance, policy, regulations, orders and practices be limited to only owner occupied properties with a limit of one (1) each thirty-two (32) gallon, covered, rodent resistant trash container with a maximum weight of seventy-five (75) pounds each week for each dwelling unit therin. All other trash must be disposed of through private means. (At the transfer station or private collector.) The following PETITION was received, referred to the PUBLIC SERVICE and CITY PROPERTY COMMITTEES, given regular course and referred to the Department of Public Works, the Environmental Inspector and the School Committee. REGULAR MEETING OF THE CITY COUNCIL, MAY 10, 2004, continued 124-04 Richard M. Marchand: Request that the City of Leominster develop a standardized Watershed District Boundary Sign and a cost analysis for said signs for the implementation of a viable signage program. I encourage and invite the Leominster School Department to participate in conducting a Watershed District Boundary sign Initiative in it’s Art Program of Studies (K-12) to select the design. The following PETITION was received, referred to the LEGAL AFFAIRS COMMITTEE, given REGULAR COURSE and referred to the Health Department, the Department of Public Works and the Building Inspector. 125-04 Richard M. Marchand: Revise the Leominster ordinances to require a homeowner or General Contractor be required to demonstrate appropriate and ultimate disposal of building materials and supplies generated in a restoration or installation project before final approval of a project by the city’s building inspector. The following PETITION was received, referred to the LEGAL AFFAIRS COMMITTEE, given REGULAR COURSE and referred to the City Solicitor. 126-04 Richard M. Marchand: Revise Chapter 14 “Offenses-Miscellaneous” of the Leominster revised ordinances by adding Section 14-19 to read “No person shall throw or drop any material of any nature or description into or along the shores of a City of Leominster Reservoir. In the event that a person is prosecuted and found in violation of this offense, retribution shall include a minimum of three hours of community service during the annual clean-up day conducted in the City of Leominster or an agreed upon alternate date” The following PETITION was received, referred to the LEGAL AFFAIRS COMMITTEE, given REGULAR COURSE and referred to the Building Inspector, the Planning Board, the Conservation Commission, the Health Department and the Department of Public Works. A hearing was set for June 14, 2004 at 7:00 P.M. Vt. 9/0 127-04 Raymond T. Kelly: Grant a Special Permit to place a trailer next to the fire damaged dwelling at 1024 Main Street, to be used for shelter during reconstruction; temporary permit has been issued from the building department. The following PETITION was received, referred to the LEGAL AFFAIRS COMMITTEE, given REGULAR COURSE and referred to the Fire Chief, the Police Chief and the Traffic Department. 128-04 David Rowlands: Place “no parking” signs on the south side of Wilderwood Avenue from the intersection of Wilderwood Avenue and Main Street to the Leominster/Lunenburg Line. The following PETITION was received, referred to the LEGAL AFFAIRS COMMITTEE, given REGULAR COURSE and referred to the Building Department, the Conservation Commission, the Fire Department, the Planning Department, the Department of Public Works and the Health Department. A hearing was set for June 14, 2004 at 7:10 P.M. Vt. 9/0 129-04 Tanco Corp., Daniel Lattanzio for Liberty Supply, Inc.: Grant a Special Permit to construct a 12’ x 50’ silo pad to the rear of existing building at 195 Hamilton Street, as shown on Assessors’ map 229, lot 3, located in the floodplain district. The following PETITION was received, referred to the LEGAL AFFAIRS and PUBLIC SERVICE COMMITTEE and given REGULAR COURSE. 130-04 Robert A. Antonioni, State Senator, Dean J. Mazzarella, Mayor: Request that the City Council approve a resolution relative to the Lancaster/Leominster/Lunenburg sewer agreement. The following PETITION was received, referred to the LEGAL AFFAIRS & FINANCE COMMITTEES and given REGULAR COURSE. 131-04 Claire Freda, Wayne Nickel, Dennis Rosa: Approve a resolution requesting that the Governor and the Legislature end the use of Lottery revenues for state budget balancing purposes and return these vital Cherry Sheet revenues to cities and towns. The following PETITION was received, referred to the WAYS & MEANS COMMITTEE, given REGULAR COURSE and referred to the Treasurer, the License Commission and Police Department. 132-04 Christopher Nikolow: Renew license for 17 pool tables at Leominster Billards, 7 Mt. Pleasant Avenue. Upon recommendation of the FINANCE COMMITTEE, the following COMMUNICATION was RATIFIED. C-79 Relative to the appropriation of $15,000 to the Highway Capital Outlay Expense Account; same to be transferred from the Snow and Ice Salary & Wages Account.(Granted on April 26, 2004 as an emergency measure; another vote is required) Upon recommendation of the FINANCE COMMITTEE, the following COMMUNICATIONS were GRANTED and ORDERED. Vt. 9 “yeas” C-80 Relative to the appropriation of $15,000 to the Water Overtime Account; same to be transferred from the Water Capital Outlay Expense Account. ORDERED:- that the sum of Fifteen Thousand Dollars ($15,000.00) be appropriated to the Water Overtime Account; same to be transferred from the Water Capital Outlay Expense Account. REGULAR MEETING OF THE CITY COUNCIL, MAY 10, 2004, continued Upon request of the FINANCE COMMITTEE, the following COMMUNICATION was given FURTHER TIME. Vt. 8/1; Councillor Lanciani opposed. A motion to reconsider the vote was granted Vt. 7/2; Councillors Rosa and Marchand opposed. Upon reconsideration of the vote the following COMMUNICATION was given FURTHER TIME. Vt. 7/2; Councillors Lanciani and Nickel opposed C-81 Relative to the appropriation of $14,000 to the Water Part-time Salary and Wages Account; same to be transferred from the Water Capital Outlay Expense Account. Upon recommendation of the FINANCE COMMITTEE, the following COMMUNICATIONS were GRANTED and ORDERED. Vt. 9 “yeas” C-82 Relative to the appropriation of $32,000 to the Police Department Capital Outlay Expense Account; same to be transferred from the Police Salary and Wages Account. ORDERED:- that the sum of Thirty Two Thousand Dollars ($32,000.00) be appropriated to the Police Department Capital Outlay Expense Account; same to be transferred from the Police Salary and Wages Account. C-83 Relative to the appropriation of $15,000 to the Police Station Court House Expense Account; same to be transferred from the Police Salary and Wages Account. ORDERED:- that the sum of Fifteen Thousand Dollars ($15,000.00) be appropriated to the Police Station Court House Expense Account; same to be transferred from the Police Salary and Wages Account. C-84 Relative to the appropriation of $75,000 to the Police Department Expense Account; same to be transferred from the Police Salary and Wages Account. ORDERED:- that the sum of Seventy Five Thousand Dollars ($75,000.00) be appropriated to the Police Department Expense Account; same to be transferred from the Police Salary and Wages Account. C-85 Relative to the appropriation of $3,700.00 to the Recreation Expense Account; same to be transferred from the Excess and Deficiency Account. ORDERED:- that the sum of Three Thousand Seven Hundred Dollars ($3,700.00) be appropriated to the Recreation Expense Account; same to be transferred from the Excess and Deficiency Account. C-86 Relative to the appropriation of $5,000.00 to the Cemetery Part-time Regular Labor Account; same to be transferred from the Cemetery Perpetual Care Income Account. ORDERED:- that the sum of Five Thousand Dollars ($5,000.00) be appropriated to the Cemetery Part-time Regular Labor Account; same to be transferred from the Cemetery Perpetual Care Income Account. Upon recommendation of the FINANCE COMMITTEE, the following COMMUNICATION was AMENDED. Vt. 9 “yeas”; GRANTED AS AMENDED. Vt. 9 “yeas” (Amended to $450,000.00 from $55,200.00) C-87 Relative to the appropriation and authorization to the Treasurer with the approval of the Mayor to borrow the sum of $450,000 for the purpose of purchasing for conservation and passive recreation purposes, by eminent domain or negotiated purchase or otherwise, a certain properties, known as “lots 10-B, 10-C and 10-D Revolution Drive”, containing 9.32 acres of land on Revolution Drive; that said land shall be conveyed to the City of Leominster under the provisions of MGL, chapter 40, section 8c as amended and other Massachusetts statues relating to conservation, to be managed and controlled by the Leominster Conservation Commission being authorized to make application on behalf of Leominster for grants and reimbursements from the Commonwealth of Massachusetts deemed necessary for grants and reimbursements under the self help act; the City of Leominster and the Conservation Commission is hereby authorized to enter into any and all agreements necessary to execute said purchase. Upon recommendation of the PUBLIC SERVICE COMMITTEE, the following PETITIONS were GRANTED. Vt. 9/0 121 -04 Massachusetts Electric Company: Orchard Hill Drive: Install a cable and conduit system beginning at (1) the intersection of Harvard Street and Orchard Hill Drive at P-31 continuing 2350 feet in a northerly direction to the intersection of Pioneer Drive Extension; (2) at a point 870 feet north of the centerline of Harvard Street on Orchard Hill Drive at Manhole 2 and continuing 60 feet in a westerly direction to a handhold on private property; (3) at a point 1270 feet north of the centerline of Harvard Street on Orchard Hill Drive at Switch Gear 4 and continuing 60 feet in an easterly direction, then 90 feet in a southerly direction along Orchard Hill Drive. 122-04 Massachusetts Electric Company and Verizon New England Inc.: Leland Avenue: Relocate one jointly owned pole on Leland Avenue beginning at a point approximately 83 feet northwest of the centerline of the intersection of Roosevelt Avenue and continuing approximately 13 feet in an easterly direction. Upon request of the LEGAL AFFAIRS COMMITTEE, the following PETITION was given FURTHER TIME and referred to the City Solicitor. Vt. 9/0 69-00 Dennis A. Rosa: Create an ordinance for land acquisition. REGULAR MEETING OF THE CITY COUNCIL, MAY 10, 2004, continued Upon recommendation of the LEGAL AFFAIRS COMMITTEE, the following PETITION was GRANTED with the Conditions outlined by the Fire Department.(See hearing minutes- this date) 104-04 Wachusett Development and Construction Inc.: Grant a Special Permit to construct a 2,500 square foot office building with an associated 10 space parking area at 166 Hamilton Street, as shown on Assessors Map 236, as lot 1, Map 237 as lot 1A and Map 238 as lots 1, 3 & 7, located within the flood plain district in an Industrial Zone. Upon recommendation of the WAYS & MEANS COMMITTEE, the following PETITION was GRANTED. Vt. 9/0 117-04 Leroy J. DiMauro: Renew the second-hand dealers license for the premises located at 609 Main Street. Upon recommendation of the WAYS & MEANS COMMITTEE, the following APPOINTMENTS were CONFIRMED. Vt. 9”yeas” Police Department - Lateral Transfer – Brett Thompson – Neil Bogonovich Police Department – Officers – Richard Depascale, Sean Ferguson, Colleen Patterson, Leonardo Colon, Francis Hazelrigg, James Marois, Jr. Upon recommendation of the LEGAL AFFAIRS COMMITTEE the following ORDINANCE was read a second time and AMENDED. Vt. 8 “yeas” and 1 “nay”; Councillor Rosa opposed. ORDINANCE was ADOPTED AS AMENEDED. Vt. 7 “yeas” and 2 “nays”; Councillors Freda and Rosa opposed. THE CITY OF LEOMINSTER IN CITY COUNCIL In the year two thousand and four AN ORDINANCE Amending Chapter 8, Section 8-21 of the Revised Ordinances entitled “Fees for Inspections and Permits” Be it ordained by the city Council of the city of Leominster as follows: Chapter 8, Section 8-21 of the Revised Ordinances entitled “Fees for Inspections and Permits” is hereby amended by deleting the fee schedule and inserting in its place the follow: Inspection/Permit Fee Master Fire Alarm Box $300.00 Annual fee for Master box initial connecting fee (Exempt municipal buildings, schools, religious institutions) $125.00 Health Care Certificate of Approval for Licenses Nursing Home $250.00 Rest Home $ 50.00 Hospital $500.00 Fire Protection Equipment installation or repair $ 25.00 Cutting and welding (hot work permit) $ 25.00 Smoke detector alterations $ 25.00 Tank truck inspections per vehicle $ 25.00 Blasting permit $ 25.00 Propane tank permit $ 25.00 Flammable Liquid permit $ 25.00 Combustible liquids permit $ 25.00 Underground tanks for fuel oil up to 10,000 gallons $ 25.00 Aboveground tanks for fuel greater than 1,320 gallons $ 25.00 Aboveground tanks for fuel oil up to 1,320 gallons $ 10.00 Tank removal – commercial $ 25.00 Tank removal – homeowner $ 10.00 Smoke detector inspection, homes for sale or transfer (per dwelling unit) $ 25.00 Oil burner (gun) replacement, per unit $ 25.00 Gunpowder permit $ 10.00 Underground tanks, certification of inspection $ 5.00 Fire reports, copy of (per Public Record Law) $ 5.00 and up Ambulance report, copy of (per Public Record Law) $ 5.00 and up REGULAR MEETING OF THE CITY COUNCIL, MAY 10, 2004, continued Upon request of the FINANCE COMMITTEE, the following 1st Reading Loan Order was given LEAVE TO WITHDRAW. Vt. 9 “yeas” 1st Reading Loan Order – that the sum of $55,200 hereby be appropriated for the purpose of purchasing for conservation and passive recreation purposes, by eminent domain or negotiated purchase or otherwise, a certain properties, known as “lots 10-B, 10-C and 10-D Revolution Drive”, containing 9.32 acres of land on Revolution Drive; that said land shall be conveyed to the City of Leominster under the provisions of MGL, chapter 40, section 8c as amended and other Massachusetts statues relating to conservation, to be managed and controlled by the Leominster Conservation Commission being authorized to make application on behalf of Leominster for grants and reimbursements from the Commonwealth of Massachusetts deemed necessary for grants and reimbursements under the self help act; the City of Leominster and the Conservation Commission is hereby authorized to enter into any and all agreements necessary to execute said purchase. Under Old Business, Councillor John Salvatelli asked about the status of the Carter Building. Council President Lanciani said that the Carter Building was purchased by Simsbury Associates four or five years ago and that he, as well as other Councillors, have been asking the Mayor to do something about it. Councillor Marchand said the Mayor’s office has contacted him about a meeting with Simsbury Associates and they should be scheduling a meeting within the next month. He said the health issues with that building is huge because of all the pigeons in there. Councillor Freda said that she thought the money from the Sale of the Carter Building went to purchase Sholan Farms so she was surprised that the money is still available. Recessed at 11:07 P.M. to allow the Mayor to speak. Reconvened at 11:18 P.M. Upon recommendation of the LEGAL AFFAIRS and PUBLIC SERVICE COMMITTEES, the following RESOLUTION was ADOPTED. Vt. 9 “yeas” CITY OF LEOMINSTER CITY COUNCIL A Resolution relative to line item 7004-6666 appropriating $2.5 million to the Communities of Lancaster, Leominster and Lunenburg. WHEREAS, the Town of Lunenburg will receive $300,000. WHEREAS, the Town of Lancaster will receive $225,000 from the sewer grant and grant matching funds for the City of Leominster ($75,000) and Orchard Hills Athletic Club ($150,000). WHEREAS, the City of Leominster, through its portion of the regional sewer grant, will provide for the design and construction costs to extend the sewer line to a point in front of Orchard Hills Athletic Club on Duval Road. Any costs for final connection of each business to this sewer line will be the responsibility of property owners. WHEREAS, the proposed sewer shall have flow capacity to handle the current and proposed expansion of the existing businesses along Duval Road and meet DEP standards. WHEREAS, the Town of Lancaster receives an additional $100,000 cash contribution from the City of Leominster, said funds may be drawn from Leominster’s share of the regional sewer grant. WHEREAS, funds that are not part of the grant would be released to the Town of Lancaster immediately upon approval (not release of funding from the state agency). WHEREAS, the Town of Lancaster agrees to cooperate with the City of Leominster, Orchard Hills Athletic Club and Mass Highway in obtaining the necessary permits to construct the sewer line from Leominster/Lancaster line to the Route 2 visitors Center. WHEREAS, no restrictions shall be place on the use of funds received from the grant and the City of Leominster. It is the intention of the Town of Lancaster to use these funds to further economic development activity in the north of Lancaster WHEREAS, dispersal of funds to all three communities will be completed by the state agency under separate contracts with each community. WHEREAS, the contents of this memorandum of understanding shall be presented to , and ratified by , a majority vote from the governing body of each community. NOW THEREFORE BE IT RESOLVED, that the City Council of the City of Leominster approves of the Memorandum of Understanding and authorized the Mayor to sign on behalf of the City of Leominster. Adopted by the Leominster City Council on May 10, 2004 by a unanimous vote. /s/ Mayor Dean J. Mazzarella Ann B. Mahan, City Clerk and May 11, 2004 Clerk of the City Council REGULAR MEETING OF THE CITY COUNCIL, MAY 10, 2004, continued Upon recommendation of the LEGAL AFFAIRS and PUBLIC SERVICE COMMITTEES, the following RESOLUTION was ADOPTED. Vt. 9 “yeas” CITY OF LEOMINSTER CITY COUNCIL RESOLUTION ON LOTTERY DISTRIBUTIONS TO CITIES AND TOWNS Whereas: The Lottery was established in 1971 solely to provide revenues for cities and towns to support local services and to provide property tax relief and; Whereas: For over 25 years, Lottery proceeds have been distributed on the Cherry Street as “un-earmarked” revenues to be used at local discretion and Lottery distributions now represent the largest revenue on the Cherry Sheet available for municipal purposes, and; Whereas: During the 2001 recession when the state faced falling tax collections and budget shortfalls, the Governor and state lawmakers cut Lottery distributions over a two-year period by $117 million in order to balance the state budget and this action was similar to the state’s use of city and town Lottery revenues to offset state tax revenue losses during the fiscal crisis of the early 1990’s. Therefore it is now Resolved: 1. With the economy now recovering and state tax collections exceeding targets each month, it is time for Gov. Mitt Romney and the Legislature to end the use of Lottery revenues for state budget-balancing purposes, and; 2. By the end of fiscal 2004, it is expected that the Lottery diversion will exceed $150 million. As in 1994, during the recovery from the last recession, the Massachusetts Municipal Association is asking that the Legislature enact a five-year schedule to end the Lottery diversion and return these vital Cherry Sheet revenues to cities and towns where they belong. 3. Using current estimates of Lottery revenues for next year, it is expected that a five-year schedule would provide $45 million in new Cherry Sheet distributions in fiscal 2005, an increase of almost 7 percent. APPROVED: /s/ Mayor Dean J. Mazzarella May 11, 2004 Adopted by the Leominster City Council on May 10, 2004, by a unanimous vote. Ann B. Mahan, City Clerk and Clerk of the City Council Under new business, Council Lanciani said that John Horack from Waste Management will be at the May 24, 2004 City Council Meeting to answer any Councillor’s questions. Councillor Freda said that she wanted to remind the Council that the Councillors Association of the Massachusetts Municipal Association will be holding a meeting in Leominster on June 20, 2004 at the Monument Grill. She said there is no charge as we are members of the Association. MEETING ADJOURNED: 11:28 P.M. Ann B. Mahan, City Clerk and Clerk of the City Council