City Council

HEARING BEFORE THE CITY COUNCIL, NOVEMBER 26, 2007 Hearing opened at 6:35 P.M. with Councillor Rosa, Chair of the Finance Committee presiding. All members were present. Present at the hearing were Chief Assessor Walter Poirier, Assessors Christopher Paquette and Jim Dillon along with the Comptroller John Richard. The following PETITION was the subject of the hearing. C-33 Relative to determining the factor to be used in setting the Fiscal Year 2008 tax rate. Presentation booklets were handed out to the Councillors prior to the hearing for review. Mr. Poirier gave an overview presentation. He said looking at 2008 this is the smallest increase that we have had since 1998. This is an indication of the market. The overall increase in value is about $43,000.000.00 We had $67,000,000.00 in growth but we also took off $23,000,000.00 in value due to the market. The net increase is a little less than 1.1%. He said that was a good indication that the market has stopped. Mr. Poirier said this year the amount of single family homes was increased by 23, condos by 7, commercial development by 4, and there was a decrease in industrial development by 6. There were 2 that were misclassified and 4 that no longer qualify because they have moved into the Residential sector. Mr. Poirier said they are required by law to revalue property every year. Councillor Nickel asked Mr. Poirier to explain the codes and abbreviations for the audience. Councillor Salvatelli asked Mr. Poirier why this figure is so high with only 23 new homes. Mr. Poirier said only $19,000,000.00 is new single family construction and about $15,000,000.00 is for additions, decks, porches, sheds or any type of new construction which is considered new growth for us. Councillor Salvatelli asked if that figure represents not just new houses but everything. Mr. Poirier said correct, anything that was done to a single family home to improve its value through construction is considered growth. Councillor Salvatelli asked in the hay-day of our busiest year, when there were 50 or 60 houses, what would the figure look like? Mr. Poirier said 55 to 60 million dollars. It would be double for the residential class. Councillor Freda said throughout the years we have done about 16 TIFS and asked how many were still outstanding. Mr. Poirier said six or seven and there will be a new one being proposed and will come to the Council after the first of the year. The longest one running is on Patriot’s Circle and that has one more year. The biggest one is on Jungle Road and that will run for another 10 years. He said he only knows of one which has failed. Councillor Rowlands asked what the percentage was between Residential and CIP (Commercial, Industrial and Personal Property). Mr. Poirier said we are almost back to 80:20, we are 80.5:18.5. Councillor Nickel asked if we are seeing much in increased values. Mr. Poirier said it does increase the value because they change in use and they have to be assessed according to use and the commercial use is worth a lot more than industrial use. When you put mixed use in it is even better. David McKeehan of the North Central Mass Chamber of Commerce emphasized how well run the City is and encourages the Council to continue maintaining the factor of 1. HEARING BEFORE THE CITY COUNCIL, NOVEMBER 26, 2007, continued Councillor Rosa said he will make the recommendation to keep the tax classification of 1. Councillor Salvatelli said he supports the tax classification of 1. Councillor Dombrowski said he supports it also. Councillor Rosa said the unanimous decision of the Finance Committee is to recommend the tax classification remain the factor of 1. Councillor Rosa thanked the group for an excellent report. HEARING ADJOURNED AT 7:12 P.M. Lynn A. Bouchard, City Clerk and Clerk of the City Council HEARING BEFORE THE CITY COUNCIL, NOVEMBER 26, 2007 Hearing opened at 7:14 P.M. with Councillor Rowlands, Chair of the Legal Affairs Committee presiding. All members were present. The following ORDINANCE was the subject of the hearing. Relative to amending Chapter 13, Section 13-7 of the Revised Ordinances entitled “One-way Streets” by inserting Wilder Avenue, from Central Street in an easterly direction only. (Legal Affairs -Petition #24-08) No one in the audience spoke in favor or in opposition. Councillor Tocci said she wanted to check to make sure this was one way going into the street from Central Street. Councillor Rowlands said he believed so. Councillor Rowlands said the recommendations were read earlier and they were all favorable. HEARING ADJOURNED AT 7:16 P.M. Lynn A. Bouchard, City Clerk and Clerk of the City Council HEARING BEFORE THE CITY COUNCIL, NOVEMBER 26, 2007 Hearing opened at 7:16 P.M. with Councillor Rowlands, Chair of the Legal Affairs Committee presiding. All members were present. Present at the hearing was Patrick McCarty, McCarty Engineering and Charles Doyle, one of the owners of Red Line Wall Systems. The following PETITION was the subject of the hearing. 29-08 Patrick J. McCarty P.E., McCarty Engineering, Inc. for 155 Hamilton Street Realty Trust: Grant a Special Permit for excavation of property at 70-90 Lanides Lane located within the floodplain and shown on Assessor’s Map 229 as Lot 1 for the purpose of creating compensatory flood storage volume for the benefit of land located at 156 Hamilton Street. Introduced and made part of the record were the following: A. Petition 29-08 submitted by Patrick J. McCarty , McCarty Engineering for 155 Hamilton Street Realty Trust with accompanying plan entitled “Site Plan Approval Documents, September 12, 2007, Red Line Wall Systems, Inc” prepared by Patrick McCarty, Registered Professional Engineer, McCarty Associates, 42 Lancaster Street Leominster, MA dated September 12, 2007. B. Notice of public hearing published in the Sentinel & Enterprise on November 5, 2007 and November 12, 2007. HEARING BEFORE THE CITY COUNCIL, NOVEMBER 26, 2007, continued C. Positive recommendations were received from the Health Department, the Conservation Commission, the Building Inspector and the Planning Department. D. The Department of Public Work’s recommendation pointed out Plan Note #4 stating that a development restriction will be placed on the compensatory storage area but does not state who would hold this restriction. They recommend that it be held by the Conversation Commission. Councillor Rowlands read the recommendations. Mr. McCarty said the owners have purchased 4.3 acres on Lanides Lane for a corporate facility. Their goal is to sell their existing facilities on Hamilton Street along with a new building proposed, and build a 21,000 square foot headquarters to house the three buildings. The second building will be used for future expansion. The existing facilities on Hamilton Street are located within the flood plain of the Nashua River. This petition is for permission to perform the excavation to create compensatory flood storage volume for the benefit of land located at 156 Hamilton Street. The intention is to go to the edge of the wetlands that were delineated and excavate a level area to provide the foot by foot incremental storage and transition the grade up to the proposed retaining wall in the back of the parking lot. There are no structures proposed within the flood boundaries. It is only the excavation and removal of materials to create compensatory storage. Mr. McCarty said the applicant’s has received an Order of Conditions from Conservation and Site Plan Approval from the Planning Board and this is the last step in the permitting process before the applicants can apply for a building permit. Mr. McCarty expanded on the plan. The overall view of this is that they would like to build a 3,000 square foot footprint located within the flood plain. In order to do that they need to provide incremental compensatory flood storage from about elevation 321 ½ to elevation 328 which is the 100 year flood plain elevation. We are providing that compensatory flood plain storage in two locations located at the rear of the existing building and the rear of the Lanides Lane property. Councillor Tocci asked if the two buildings were one level and the professional building was two stories. Mr. McCarty said it was correct. Lanides Lane will be single story industrial type buildings and Hamilton Street is a two story building modeled after the Woodcome Insurance building which the applicant originally built. Councillor Nickel gave positive comments on the McCarty family and wetland issues and he feels confident of their work. He said their work has won a national award for Searstown. Councillor Rowlands asked about the size of the building. He said it is stated 6,000 square feet in the Building Inspectors letter. Mr. McCarty said it is 3,000 square feet on two floors. Councillor Rowlands said in terms of the compensatory storage it’s based 3,000 square feet. Mr. McCarty said yes but we are supplying more than what is needed. HEARING ADJOURNED AT 7:31 P.M. Lynn A. Bouchard, City Clerk and Clerk of the City Council HEARING BEFORE THE CITY COUNCIL, NOVEMBER 26, 2007 Hearing opened at 7:32 P.M. with Councillor Rowlands, Chair of the Legal Affairs Committee presiding. All members were present. Present at the hearing was Patrick McCarty, McCarty Engineering and Charles Doyle, one of the owners of Red Line Wall Systems. The following PETITION was the subject of the hearing. 30-08 Patrick J. McCarty P.E., McCarty Engineering, Inc. for 155 Hamilton Street Realty Trust: Grant a Special Permit for excavation of property at 162 Hamilton Street located within the floodplain and shown on Assessor’s Map 238, as Lot 1-1 for the purpose of creating compensatory flood storage volume for the benefit of land located at 156 Hamilton Street. Introduced and made part of the record were the following: A. Petition 30-08 submitted by Patrick J. McCarty , McCarty Engineering for 155 Hamilton Street Realty Trust with accompanying plan entitled “Site Plan Approval Documents, September 12, 2007, 155 Hamilton Street Realty Trust” prepared by Patrick McCarty, Registered Civil Engineer, McCarty Engineering, Inc., 42 Lancaster Street Leominster, MA dated September 12, 2007. B. Notice of public hearing published in the Sentinel & Enterprise on November 5, 2007 and November 12, 2007. HEARING BEFORE THE CITY COUNCIL, NOVEMBER 26, 2007, continued C. Positive recommendations were received from the Health Department, the Conservation Commission, the Building Inspector, the Planning Department. D. The Department of Public Work’s recommendation pointed out Plan Note #4 stating that a development restriction will be placed on the compensatory storage area but does not state who would hold this restriction. They recommend that it be held by the Conversation Commission. Councillor Rowlands read the recommendations. Mr. McCarty said this second petition which deals with the existing Red Line Wall building at 162 Hamilton Street. This area currently contains the existing parking lot and a landscaped slope which will be trimmed back by means of a modular blocked retaining wall. The fill will be excavated from elevation of 321 ½ feet to meet the parking lot grade to provide that initial first flood of compensatory storage with the remainder of the compensatory storage covered under the first petition. Councillor Rowlands asked if both building will meet the flood plain requirements with the slabs. Mr. McCarty said yes. HEARING ADJOURNED AT 7:38 P.M.  Lynn A. Bouchard, City Clerk and Clerk of the City Council HEARING BEFORE THE CITY COUNCIL, NOVEMBER 26, 2007 Hearing opened at 7:38 P.M. with Councillor Rowlands, Chair of the Legal Affairs Committee presiding. All members were present. Present at the hearing was Patrick McCarty, McCarty Engineering and Charles Doyle, one of the owners of Red Line Wall Systems. The following PETITION was the subject of the hearing. 31-08 Patrick J. McCarty P.E., McCarty Engineering, Inc. for 155 Hamilton Street Realty Trust: Grant a Special Permit to construct a 6,000 square foot office and professional building with associated site improvements at 156 Hamilton Street shown on Assessor’s Map 238 as Lot 1-2 located within the floodplain. (Legal Affairs) Introduced and made part of the record were the following: A. Petition 31-08 submitted by Patrick J. McCarty, McCarty Engineering for 155 Hamilton Street Realty Trust with accompanying plan entitled “Site Plan Approval Documents, September 12, 2007, 155 Hamilton Street Realty Trust” prepared by Patrick McCarty, Registered Civil Engineer, McCarty Engineering, Inc., 42 Lancaster Street Leominster, MA dated September 12, 2007. B. Notice of public hearing published in the Sentinel & Enterprise on November 5, 2007 and November 12, 2007. C. Positive recommendations were received from the Health Department, the Conservation Commission, the Building Inspector and the Planning Department. D. The Department of Public Work’s recommendation pointed out Plan Note #4 stating that a development restriction will be placed on the compensatory storage area but does not state who would hold this restriction. They recommend that it be held by the Conversation Commission. Councillor Rowlands read the recommendations. Mr. McCarty said this is for a 3,000 square foot footprint, two stories. Being proposed is a graveled parking lot which is currently used by Red Line Wall Systems for parking and storage. The building is proposed at the same finished floor elevation as their current facility. There will be exposed foundation walls on two sides in the back. The intention for the back of the building is to take out six inches of the compacted gravel parking lot and replace it with six inches of loam and seed it, plantings in the parking and drive isles to prevent vehicles from entering. The Conservation Commission requested that they plant vegetation 15 feet outside the buffer area so that landscapers cutting the grass won’t venture into that wetland area. The compensatory flood storage for this building and the parking lot will be raised up to match the finished floor of this building being provided at the rear of the existing 162 Hamilton Street and at 70-80 Lanides Lane. Councillor Nickel asked if there would be any overnight storing of vehicles around the outside of the building that might be sitting in the flood plain overnight. Mr. Doyle said no, the trucks go home every night. HEARING BEFORE THE CITY COUNCIL, NOVEMBER 26, 2007, continued Mr. McCarty said the vehicles will be moved to the new facility on Lanides Lane and these properties will be used as office and professional use with business hours traffic. Councillor Marchand said as Ward Councillor he is in full support of this petition. Councillor Rowlands said what has happened on Hamilton Street is very positive and looks good. He said he is glad that in terms of employment they will be providing 60 quality jobs. HEARING ADJOURNED AT 7:45 P.M. Lynn A. Bouchard, City Clerk and Clerk of the City Council REGULAR MEETING OF THE CITY COUNCIL, NOVEMBER 26, 2007 Meeting called to order at 8:00 P.M. Attendance was taken by a roll call vote; all members present The following COMMUNICATIONS were received, referred to the FINANCE COMMITTEE, and given REGULAR COURSE. C-61 Relative to the appropriation of $45,000.00 to the Municipal Buildings Capital Outlay Expense Account; same to be transferred from the Excess and Deficiency Account. REGULAR MEETING OF THE CITY COUNCIL, NOVEMBER 26, 2007, continued C-62 Relative to the appropriation of $627,000.00 to the School Transportation Expense Account; same to be transferred from the Excess and Deficiency Account. C-63 Relative to the appropriation of $262,000.00 to the School Department Capital Outlay Expense Account; same to be transferred from the Excess and Deficiency Account. C-64 Relative to the appropriation of $1,500.00 to the Highway Expense Account; same to be transferred from the Emergency Reserve Account. C-65 Relative to the appropriation of $1,800.00 to the Planning Department Expense Account; same to be transferred from the Emergency Reserve Account. C-66 Relative to the appropriation of $50,000.00 to the Unemployment Expense Account; same to be transferred from the Excess and Deficiency Account. C-67 Relative to the appropriation of $6,000.00 to the Emergency Management Expense Account; same to be transferred from the Excess and Deficiency Account. C-68 Relative to the appropriation of $50,000.00 to the Veteran’s Services Expense Account; same to be transferred from the Excess and Deficiency Account. The following APPOINTMENTS were received, referred to the WAYS & MEANS COMMITTEE, and given REGULAR COURSE. Election Officers - Joseph Godin, Gail Duplease, Philena G. Richards, Carole L. Borja, and Julia M. Bessey. Upon recommendation of the FINANCE COMMITTEE, the following COMMUNICATION was GRANTED. Vt. 9 “yeas” C-33 Relative to determining the factor to be used in setting the Fiscal Year 2008 tax rate. Granted to adopt a Factor of 1. Upon recommendation of the FINANCE COMMITTEE, the following COMMUNICATIONS were GRANTED and ORDERED. Vt. 9 “yeas” C-49 Relative to the appropriation of $2,000.00 to the Sanitation and Drainage Account; same to be transferred from the Excess and Deficiency Account. ORDERED: - that the sum of Two Thousand Dollars ($2,000.00) be appropriated to the Sanitation and Drainage Account; same to be transferred from the Excess and Deficiency Account. RE: Purchase materials for sanitation and drainage projects. REGULAR MEETING OF THE CITY COUNCIL, NOVEMBER 26, 2007, continued C-50 Relative to the appropriation of $8,500.00 to the Doyle Field Expense Account; same to be transferred from the Excess and Deficiency Account. ORDERED: - that the sum of Eight Thousand Five Hundred Dollars ($8,500.00) be appropriated to the Doyle Field Expense Account; same to be transferred from the Excess and Deficiency Account. RE: Labor, materials, trucking and equipment costs to resurface the football field. C-51 Relative to the appropriation of $2,250.00 to the Highway Regular Labor Account; same to be transferred from the Excess and Deficiency Account. ORDERED: - that the sum of Two Thousand Two Hundred Fifty Dollars ($2,250.00) be appropriated to the Highway Regular Labor Account; same to be transferred from the Excess and Deficiency Account. RE: Vacation buyback for two department employees per union contract. C-52 Relative to the appropriation of $15,000.00 to the Weights and Measures Expense Account; same to be transferred from the Excess and Deficiency Account.  ORDERED: - that the sum of Fifteen Thousand Dollars ($15,000.00) be appropriated to the Weights and Measures Expense Account; same to be transferred from the Excess and Deficiency Account. RE: Field Octane Analyzer and Weight Trailer C-53 Relative to the appropriation of $54,526.00 to the FY 2008 Worker’s Compensation Trust Fund Account; same to be transferred from the FY 2006 Worker’s Compensation Trust Fund Account. ORDERED: - that the sum of Fifty Four Thousand Five Hundred Twenty Six Dollars ($54,526.00) be appropriated to the FY 2008 Worker’s Compensation Trust Fund Account; same to be transferred from the FY 2006 Worker’s Compensation Trust Fund Account. Upon recommendation of the FINANCE COMMITTEE, the following COMMUNICATION was GRANTED and ORDERED. Vt. 8 “yeas”; 1 “nay”, Councillor Rowlands opposed. C-54 Relative to the appropriation of $2,900.00 to the Personnel Department Expense Account; same to be transferred from the Excess and Deficiency Account. ORDERED: - that the sum of Two Thousand Nine Hundred Dollars ($2,900.00) be appropriated to the Personnel Department Expense Account; same to be transferred from the Excess and Deficiency Account. RE: Office furnishings-work station and chair Upon recommendation of the FINANCE COMMITTEE, the following COMMUNICATIONS were GRANTED and ORDERED. Vt. 9 “yeas” C-55 Relative to the appropriation of $135,000.00 to the OPEB Contribution Expense Account; same to be transferred from the Excess and Deficiency Account. ORDERED: - that the sum of One Hundred Thirty Five Thousand Dollars ($135,000.00) be appropriated to the OPEB Contribution Expense Account; same to be transferred from the Excess and Deficiency Account. RE: FY 07 Actual Receipts received in excess of FY 07 budget estimate C-56 Relative to the appropriation of $90,000.00 to the OPEB Contribution Expense Account; same to be raised by Fiscal Year 2008 Revenue. ORDERED: - that the sum of Ninety Thousand Dollars ($90,000.00) be appropriated to the OPEB Contribution Expense Account; same to be raised by Fiscal Year 2008 Revenue. RE: To increase FY 08 budget based upon FY 07 actual receipts received C-57 Relative to the appropriation of $1,500.00 to the Mayor’s Office Expense Account; same to be transferred from the Excess and Deficiency Account. ORDERED: - that the sum of One Thousand Five Hundred Dollars ($1,500.00) be appropriated to the Mayor’s Office Expense Account; same to be transferred from the Excess and Deficiency Account. RE: New computer and setup REGULAR MEETING OF THE CITY COUNCIL, NOVEMBER 26, 2007, continued C-58 Relative to the appropriation of $40,000.00 to the Highway Capital Outlay Expense Account; same to be transferred from the Excess and Deficiency Account. Amended to $45,570.00. ORDERED: - that the sum of Forty Five Thousand Five Hundred Seventy Dollars ($45,570.00) be appropriated to the Highway Capital Outlay Expense Account; same to be transferred from the Excess and Deficiency Account. RE: Ford V10 gas engine dump truck/with plow package C-59 Relative to the reduction of $100,000.00 to the FY 2008 Water Department Budget from the budget accounts listed below: Water Resource Assessment Expenses $ 20,000.00 Water Department Capital Outlay Expense 65,000.00 Water Department Expenses 15,000.00 ORDERED: - that the sum of One Hundred Thousand Dollars ($100,000.00) be reduced from the FY 2008 Water Department Budget from the accounts listed below: Water Resource Assessment Expenses $ 20,000.00 Water Department Capital Outlay Expense 65,000.00  Water Department Expenses 15,000.00 Upon request of the LEGAL AFFAIRS COMMITTEE, the following PETITION was given FURTHER TIME. Vt. 8 “yeas”; 1 “nay”, Councillor Dombrowski opposed. 27-08 John M. Dombrowski, James Lanciani. Jr., Virginia A. Tocci, Robert Salvatelli, Richard Marchand, David Rowlands, and Wayne Nickel: Amend Section 22-4 of the Leominster Zoning Ordinance to add the following definition. “Athletic Training Facility: An indoor and/or outdoor facility for training, practicing, competition, demonstrations, and games by individuals and/or teams involved in athletics, cheerleading and any accessory uses related thereto ”Also amend Section 22-26 (Table of Uses) as follows: Uses RRA RAA RB RC BA BB C I Athletic Training Facility N N N N N SPPB SPPB SPPB Upon recommendation of the LEGAL AFFAIRS COMMITTEE, the following PETITION was GRANTED WITH A CONDITION. Vt. 9 “yeas”. Condition being that an appropriate restriction on development within the affected areas shall be prepared by the applicant; approved as to form by the Conservation Commission; and recorded within the Registry of Deeds with proof of said recording submitted to the Conservation Commission. 29-08 Patrick J. McCarty P.E., McCarty Engineering, Inc. for 155 Hamilton Street Realty Trust: Grant a Special Permit for excavation of property at 70-90 Lanides Lane located within the floodplain and shown on Assessor’s Map 229 as Lot 1 for the purpose of creating compensatory flood storage volume for the benefit of land located at 156 Hamilton Street. Upon recommendation of the LEGAL AFFAIRS COMMITTEE, the following PETITIONS were GRANTED WITH CONDITIONS. Vt. 9 “yeas”. Upon reconsideration the following PETITIONS were GRANTED without CONDITION. Vt. 9 “yeas” 30-08 Patrick J. McCarty P.E., McCarty Engineering, Inc. for 155 Hamilton Street Realty Trust: Grant a Special Permit for excavation of property at 162 Hamilton Street located within the floodplain and shown on Assessor’s Map 238, as Lot 1-1 for the purpose of creating compensatory flood storage volume for the benefit of land located at 156 Hamilton Street. 31-08 Patrick J. McCarty P.E., McCarty Engineering, Inc. for 155 Hamilton Street Realty Trust: Grant a Special Permit to construct a 6,000 square foot office and professional building with associated site improvements at 156 Hamilton Street shown on Assessor’s Map 238 as Lot 1-2 located within the floodplain. Upon request of the LEGAL AFFAIRS COMMITTEE, the following PETITIONS were given FURTHER TIME. Vt. 9/0 40-08 Peter Kinsley, Schirmer Engineering Corp. for Leominster Properties, LLC: Request a license for the keeping, storing and sale of inflammable liquids at 250 New Lancaster Road. (Hearing scheduled December 10, 2007 at 7:15 P.M.) 41-08 Frank Montolio: Amend Chapter 21, Sections 13 (b) and 13 (h) of the Revised Ordinances entitles “Regulations For Water Use” to eliminate the responsibility for those who use City water to own, maintain, repair or replace, and pay for the cost of the service pipe, stopcock valve and any other fixtures that do not lie within the premises of the person using the water. REGULAR MEETING OF THE CITY COUNCIL, NOVEMBER 26, 2007, continued Upon recommendation upon the LEGAL AFFAIRS COMMITTEE, the following PETITION was AMENDED and GRANTED AS AMENDED. Vt. 9/0. Amended to delete “and St. Anna School at pole 29.” 42-08 Claire Freda: Designate a handicap parking space on Lancaster Street in front of St. Anna Rectory at pole #28. Upon recommendation of the PUBLIC SAFETY & CITY PROPERTY COMMITTEES the following PETITION was GRANTED. Vt. 9/0 43-08 Richard M. Marchand: Close off and secure Park Street to the West Street intersection and from lower West Street to School Street to accommodate the 15th Annual Johnny Appleseed Arts and Cultural Festival on Saturday, September 13, 2008, from 6:00 A.M. to 7:00 P.M. (Rain date September 20, 2008) and allow the use of the City Hall Parking lot and Monument Square Park. Upon request of the CITY PROPERTY COMMITTEE, the following PETITION was TABLED FOR STUDY. Vt. 9/0 38-08 Leominster Properties, LLC: Accept a parcel of land located at the southerly end of Lancaster Street, shown on a plan entitled “Plan of Land in Leominster, MA, prepared for Leominster Properties LLC”, as Lot 2 for a municipal sewage pumping station. Upon request of the CITY PROPERTY COMMITTEE, the following PETITION was GRANTED. Vt. 9/0 44-08 Richard M. Marchand: Allow the use of the John Tata Auditorium on Saturday, September 13, 2008 from 6:30 P.M. to 10:30 P.M. to host the 2nd annual Johnny Appleseed Arts & Cultural Festival Musical Celebration. Upon recommendation of the WAYS & MEANS COMMITTEE, the following COMMUNICATION was GRANTED. Vt. 8/0; Councillor Tocci abstained due to a possible conflict of interest. C-60 Relative to the appropriation of $39,500.00 to the C.D.B.G. Housing Rehabilitation Construction Expense Account; same to be transferred from the following: Administration Expense $9,500.00 Code Enforcement Expense 8,000.00 Economic Development Expense 15,000.00 Housing Rehabilitation Salary & Wages 7,000.00 ORDERED: - that the sum of Thirty Nine Thousand Five Hundred Dollars ($39,500.00) be appropriated to the C.D.B.G. Housing Rehabilitation Construction Expense Account; same to be transferred from the following accounts as listed below: Administrative Expense $9,500.00 Code Enforcement Expense 8,000.00 Economic Development Expense 15,000.00 Housing Rehabilitation Salary & Wages 7,000.00 Upon recommendation of the WAYS & MEANS COMMITTEE, the following PETITION was GRANTED. Vt. 9/0; 34-08 John M. Dombrowski et al.: Request that the City Council require as a condition to any amounts appropriated by the City Council, an “Appropriation Expenditure Summary” form be completed by the appropriate City Department Head and submitted to the City Council. Upon request of the WAYS & MEANS COMMITTEE, the following PETITION was TABLED FOR STUDY. Vt. 9/0 39-08 Stephen J. Mullaney: Adopt comprehensive, reasonably definite and carefully drafted rules of procedure for the proper sequence and methods of interaction by petitioners to the City Council with members of the City Council, with other City officials and with interested parties, effective prior to and during the processing of petitions to the City Council of any kind, so that petitioners may know in advance what is or may be required of them. Upon recommendation of the WAYS & MEANS COMMITTEE, the following APPOINTMENTS were CONFIRMED. Vt. 9 “yeas” Leominster Police Department –Police Officer, Lateral Transfer – Michael Hoag-Wing Leominster Police Department - Sergeant - Andrew J. Dupuis Leominster Police Department - Lieutenant - Michael D. Goldman Emergency Management – Carmelo Sanabria and Robert J. Ellis Councillor Nickel, Chairman of the President’s Drinking Water Oversight Committee, said Pat LaPointe of the Department of Public Works will be able to attend the December 12, 2007 meeting. He said that Mr. LaPointe asked for a list of questions and REGULAR MEETING OF THE CITY COUNCIL, NOVEMBER 26, 2007, continued asked if there was anyone else that should attend. Councillor Nickel said they would like Alan Benevides and Roger Brooks come to the meeting. The Clerk will make the arrangements. He said the Ward One Councillor called him regarding Information he found on the web. He said the Commonwealth of Massachusetts Executive Office of Energy and Environmental Affairs/Department of Environmental Protection has a series of grant money that is coming up. Leominster is at the top of the list for the grant and has a rating of 138 compared to the lowest town with a rating of 37 on the scale. It is a State Revolving Fund project which is a low interest grant. Leominster has applied for this grant for the new water treatment plant and system upgrades. He said they have a project cost to be $19,260,000.00. He said the Ward One Councillor made a comment to him that it was interesting that none of the Councillors knew what the amount was going to be and yet here it is in black and white. A comment was made that the cost might be inflated because they wouldn’t want to under estimated and come back to the Council and then wait for more grant money to show up. He said out of the $19,000,000.00 about $15,000,000.00 is for the water treatment plant and $4,000,000.00 is for upgrades. Councillor Nickel said several Councillors have asked for the draft from Woodward & Curran and asked the Clerk to make copies. Councillor Freda said regarding the SRF she doesn’t think the whole $19,000,000.00 that was applied for was for the treatment plant and thinks some of it will go towards other things in the City. Councillor Nickel said the amount for the treatment plan was about $15,000,000.00 and $4,000,000.00 for other things. We will definitely know after December 12, 2007. Councillor Rowlands said he was upset that he stumbled across this on the internet. He said he spoke to Paul Anderson who works for DEP at the Central Region Office about what this really meant. Councillor Rowlands said we have been asking for the cost of the treatment plan as we have to make a decision on the Police Station. He said the Mayor has been in the paper asking us to commit to a tax thing and what I find is a number of $19.2 million for low interest loan. As it stands we are at the top of the list and we should receive $10,000,000.00 in a low interest loan in the first year and the remaining in the second year. Councillor Rowlands said he asked Mr. Anderson where this number came from and he said your consultant gave it to us. Councillor Rowlands said he has a problem with the lack of communication on something this big since we have asked several times for the dollar amount during meetings and no one has told us the amount. He said he thinks this puts to rest some of the spin that has been going on regarding the water. Councillor Marchand asked if the document has a date on it as to when Woodward & Curran actually submitted the grant application or is the November 5th date the date of that report. Councillor Nickel said is just says November 5, 2007. He said it is about 34 pages and he just received it and has not had a chance to look through it to see the date it was applied for. Councillor Marchand asked if the Committee could find out what the date of submission was on that report and email the Clerk and Councillors. He said he would like the senior member from Woodward & Curran and the December 12, 2007 meeting. Councillor Rowlands said that Alan Benevides is knowledgeable of the issues here in Leominster. Councillor Marchand asked the Committee to please make the determination who needs to be here for that meeting. Councillor Dombrowski said it is important to know that the $19,000,000.00 does not include the money already spent. Under Old Business Councillor Dombrowski said there are bills from Kopelman and Paige for research that has been done regarding using a private developer for constructing a Police Station. He asked that we get the results of the research from Kopelman and Paige. He also asked if we could get a dollar figure on what we have paid to this point on the water filtration plant. Councillor Rowlands said a question came up on the permanent bonding for the plans for the Southeast School and water/sewer work there was a $2,000,000.00 bond. He said he had asked what the term of the note was and found out from the report of the Finance Committee it was a 20 year bond. He said he would have not voted for a 20 year note to borrow the money. He said we have already paid 5 years interest on the plans and now we will be extending it another 20 years. That means for 25 years we are financing the plans for the Southeast School, which I do not support. Councillor Rowlands said given our economic condition for the last ten years, the high school projects in the future and including the bonding of the Library, I feel we should not be putting that burden of debt on to future generations. He said if he had known that he would have not voted for it. Now we are talking about fixing the water system and putting it out for 20 years which is another burden on the future generations. This is why this business (Water Department) should be run in an enterprise account. The following ORDINANCE was read a second time, ADOPTED as presented and passed to be ordained. Vt. 9 “yeas” The City of Leominster In the year two thousand and seven An Ordinance amending Chapter 13 of the Revised Ordinances entitled “One-way Streets.” Be it ordained by the City Council of the City of Leominster, as follows: Section 13-7 of the Revised Ordinances entitled “One-way Streets” is hereby amended by inserting the following: Wilder Avenue, from Central Street in an easterly direction only. _________________________ REGULAR MEETING OF THE CITY COUNCIL, NOVEMBER 26, 2007, continued Councillor Tocci said she wanted to remind the public that the Holiday Stroll is Saturday with a rain date of Sunday. Santa will be there for the kids. She said the parade starts at 2:30 P.M. and the streets will be closed from 3-6 P.M. Entertainment and activities will be at the downtown merchants and there is also the Festival of Trees Silent Auction and the tree lighting is at 6:00 P.M. Councillor Freda mentioned that the Super Bowl playoffs are tomorrow night. She said the breakfast with the bands was extremely successful. The Rotary calendar is out for sale. MEETING ADJOURNED AT 10:14 P.M. _________________________ Lynn A. Bouchard City Clerk Clerk to the City Council