City Council

HEARING BEFORE THE CITY COUNCIL, JUNE 23, 2008 Hearing opened at 7:00 P.M. with Councillor Rosa, Chairman of the Finance Committee presiding. All members were present. The following PETITION was the subject of the hearing. Relative to the appropriation of $19,260,000.00 for the purpose of financing the construction of the new water treatment plant at the Distributing Reservoir and system upgrades including without limitation all costs thereof as defined in Section 1 of Chapter 29C of the General Laws; that to meet this appropriation the Treasurer with the approval of the Mayor is authorized to borrow $19,260,000.00 and issue bonds or notes therefore under Chapter 44 of the General Laws and/or Chapter 29C of the General Laws; that such bonds or notes shall be general obligations of the City unless the Treasurer with the approval of the Mayor determines that they should be issued as limited obligations and may be secured by local system revenues as defined in Section 1 of Chapter 29C of the General Laws; that the Treasurer with the approval of the Mayor is authorized to borrow all or a portion of such amount from the Massachusetts Water Pollution Abatement Trust established pursuant to Chapter 29C of the General Laws; and in connection therewith to enter into a loan agreement and/or a security agreement with the Trust and otherwise to contract with the Trust and the Department of Environmental Protection with respect to such loan and for any federal or state aid available for the project or for the financing thereof; that the Mayor is authorized to enter into a project regulatory agreement with the Department of Environmental Protection to expend all funds available for the project and to take any other action necessary to carry out the project. No one in the audience spoke in favor or in opposition. No Councillors spoke in favor or in opposition. HEARING ADJOURNED AT 7:04 P.M. ____________________________ Lynn A. Bouchard, City Clerk and Clerk of the City Council HEARING BEFORE THE CITY COUNCIL, JUNE 23, 2008 Hearing opened at 7:15 P.M. with Councillor Rosa, Chairman of the Finance Committee presiding. All members were present. The following COMMUNICATIONS were the subject of the hearing. C-144 Relative to the appropriation of $99,200,000.00 to the General Fund Fiscal Year 2009 Budget; same to be raised by Fiscal Year 2009 Revenue. C-145 Relative to the appropriation of $3,095,000.00 to the Sewer Department Fiscal Year 2009 Budget; same to be raised by Sewer Department Fiscal Year 2009 Estimated Receipts as authorized by Chapter 44, Section 53E of the Massachusetts General Laws. C-146 Relative to the appropriation of $4,000,000.00 to the Water Department Fiscal Year 2009 Budget; same to be raised by Fiscal Year 2009 Water Department Estimated Receipts as authorized by Chapter 44, Section 53E of the Massachusetts General Laws. Frank Montolio of 168 Stuart Avenue spoke in opposition of C-144. He recommends the Council refuse the budget and send it back to the Mayor asking him to limit the increase to the cost of living index of the 2.4%. He said the 10% increase is excessive. Councillor Rosa said the Fiscal Year 2009 General Fund Budget totals $99,200,000.00 which represents 7.95% increase over the Fiscal Year 2008 Budget that totaled $91,896.00. He said the budget increase in property taxes is $1,229,443.00 or a 2 ½% increase. Lawrence Morris of 71 Sacramento Drive spoke on the Police Budget request for $570,000.00 which was not funded in the Mayor’s requested and doesn’t understand why. He said the Fire Department had a request for over $560,000.00 for a pumper and other vehicles and he doesn’t understand why that was denied too. He said he believes it was stated at the last Council meeting that we have $8,735,000.00 in the Rainy Day Fund. He said two years ago in Fiscal Year 2007 we appropriated $3.1 million dollars to add to the Rainy Day Fund to bring it over $8 million dollars. He said at that time the Comptroller or the Treasurer at the public hearing stated that we should have 10% of the budget in a Rainy Day Fund. He said we are short and there should be some kind of action by the Council to appropriate 5% or 10% of the free cash each year, when it is certified, to the Rainy Day Fund which should bring us up to where we should be at 10% of the overall budget. He said it will help our finances when we go to borrow money. HEARING BEFORE THE CITY COUNCIL, JUNE 23, 2008, continued Councillor Rosa said the Finance Committee has had several meetings. He said the budget came down earlier than last year which helped the Finance Committee. He said they dedicated one meeting prior to the Finance Committee hearings in which the Comptroller addressed the Finance Committee and they were able to ask him questions. No one in the audience spoke in favor. No Councillor spoke in favor or in opposition. HEARING ADJOURNED AT 7:04 P.M. ____________________________ Lynn A. Bouchard, City Clerk and Clerk of the City Council REGULAR MEETING OF THE CITY COUNCIL, JUNE 23, 2008 Meeting called to order at 8:00 P.M. Attendance was taken by a roll call vote; all members were present. The Committee on Records reported that the records through June 9, 2008 were examined and found to be in order. The records were accepted. The following COMMUNICATION was received with an EMERGENCY PREAMBLE and referred to the FINANCE COMMITTEE. Vt. 9 “yeas”. Upon recommendation of the FINANCE COMMITTEE the following COMMUNICATION was GRANTED and ORDERED. Vt. 8 “yeas”; Councillor Tocci abstained due to a possible conflict of interest. Councillor Nickel disclosed his son is on the Fire Department and he will be voting. C-164 EMERGENCY PREAMBLE Relative to the appropriation of $26,500.00 to the Contributory Retirement Expense Account; $22,000.00 to be transferred from the Police Salary and Wages Account and $4,500.00 to be transferred from the Fire Department Salary and Wages Account. ORDERED: - that the sum of Twenty Six Thousand Five Hundred Dollars ($26,500.00) be appropriated to the Contributory Retirement Expense Account; $22,000.00 to be transferred from the Police Salary and Wages Account and $4,500.00 to be transferred from the Fire Department Salary and Wages Account RE: The city is required to contribute pension amounts for 2 Fire Department personnel and 1 Police Department personnel returning from active duty. The following COMMUNICATION which appeared on the agenda was WITHDRAWN as requested by the Mayor and recommended by the FINANCE COMMITTEE. C-165 EMERGENCY PREAMBLE Relative to the appropriation of $50,000.00 to the Assessor’s Office Expense Account; same to be transferred from the Excess and Deficiency Account. RE: Appellate Tax Board Case defense The following COMMUNICATION was received with an EMERGENCY PREAMBLE and referred to the FINANCE COMMITTEE. Vt. 9 “yeas”. Upon recommendation of the FINANCE COMMITTEE the following COMMUNICATION was GRANTED and ORDERED. Vt. 9 “yeas. C-166 EMERGENCY PREAMBLE Relative to the appropriation of $10,000.00 to the Council on Aging Salary and Wages Account; same to be transferred from the Collective Bargaining Expense Account. ORDERED: - that the sum of Ten Thousand Dollars ($10,000.00) be appropriated to the Council on Aging Salary and Wages Account; same to be transferred from Collective Bargaining Expense Account. The following COMMUNICATIONS were received under the SUSPENSION OF THE RULES and referred to the FINANCE COMMITTEE. Vt. 9/0. Upon recommendation of the FINANCE COMMITTEE the following COMMUNICATIONS were GRANTED and ORDERED. Vt. 9 “yeas” REGULAR MEETING OF THE CITY COUNCIL, JUNE 23, 2008, continued C-167 EMERGENCY PREAMBLE Relative to the appropriation of $3,324.00 to the Municipal Buildings Expense Account; same to be transferred from the Excess and Deficiency Account. ORDERED: - that the sum of Three Thousand Three Hundred Twenty Four Dollars ($3,324.00) be appropriated to the Municipal Buildings Expense Account; same to be transferred from the Excess and Deficiency Account. C-168 EMERGENCY PREAMBLE Relative to the appropriation of $7,000.00 to the Highway Expense Account; same to be transferred from the Excess and Deficiency Account. ORDERED: - that the sum of Seven Thousand Dollars ($7,000.00) be appropriated to the Highway Expense Account; same to be transferred from the Excess and Deficiency Account. The following PETITION was received, referred to the LEGAL AFFAIRS COMMITTEE, given REGULAR COURSE and referred to the Conservation Commission, the Department of Public Works, the Planning Board, the Board of Health , the Director of Inspections, the Police Department and the Fire Department. A hearing was set for July 28, 2008 at 7:15 P.M. Vt. 9/0 102-08 David R. Mullaney, 511 Lancaster Street LLC: Grant a Special Permit for a Mixed Use Development Project to allow 15% Commercial use at 463 – 477 Lancaster Street located in an Industrial zone and shown on Assessor’s Map 443, as Lots 2,3 and 4. The following PETITION was received, referred to the LEGAL AFFAIRS COMMITTEE, given REGULAR COURSE and referred to the Conservation Commission, the Department of Public Works, the Planning Board, the Board of Health , the Director of Inspections, the Police Department and the Fire Department. A hearing was set for August 11, 2008 at 7:15 P.M. Vt. 9/0 103-08 Gail M. Allen, Chairman of the Board of Trustees and Patrick L. Muldoon, President and Chief Executive Officer, Health Alliance: Modify the Health Care Overlay District, Article XIII as shown on a plan entitled “Modification to the Health Care Overlay District, Article XIII” The following PETITION was received, referred to the PUBLIC SAFETY COMMITTEE, given REGULAR COURSE and referred to the Police Department, the Fire Department and the Department of Public Works. 104-08 George Rodriquez, Spanish American Center, Summer Youth Program: Requests the partial closing of First Street from the corner of First Street and Spruce Street to the main entrance of the Land Mark Storage Building on Saturday, September 6, 2008 from 9:00 A.M. to 4:30 P.M. for a block party. The following PETITION was received, referred to the CITY PROPERTY COMMITTEE, given REGULAR COURSE and referred to the Health Department, the Mayor and the Economic Development Coordinator. 105-08 Dennis Rosa: Create a Solar Power Commission or Committee to study the feasibility of creating a 500 Kilowatt Solar Power Park at the old landfill on Mechanic Street. The following APPOINTMENTS were received, referred to the WAYS & MEANS COMMITTEE and given REGULAR COURSE. Emergency Management Department - Admin. Unit - Jean B. Hudson Council on Aging – Dennis Bouchard – Term to expire April 15, 2010 Councillor Rosa, Chairman of the Finance Committee, read the Financial Report for the City into the record. Account balances are as follows: Excess and Deficiency Account (Free Cash) $481,978.00 Emergency Reserve Account $235.00 Stabilization Account $8,712,152.38 Interest Earned for FY ’08 $362,471.88 Upon recommendation of the FINANCE COMMITTEE the following COMMUNICATIONS were GRANTED and ORDERED. Vt. 7 “yeas” and 2 “nays”; Councillor Dombrowski and Rowlands opposed. Councillor Marchand disclosed that his wife is a school teacher in Leominster and a family member is employed by the School Department. Councillor Tocci disclosed that her brother is a Police Officer and that she will be voting on the budget as a whole. Councillor Nickel disclosed that he has a son on the Fire Department and he will be voting. Councillor Lanciani disclosed he is on the Board of the Montachusett Home Care and has no gain. Entire Budget on page _________. REGULAR MEETING OF THE CITY COUNCIL, JUNE 23, 2008, continued C-144 Relative to the appropriation of $99,200,000.00 to the General Fund Fiscal Year 2009 Budget; same to be raised by Fiscal Year 2009 Revenue. ORDERED: - that the sum of Ninety Nine Million Two Hundred Thousand Dollars ($99,200,000.00) be appropriated to the General Fund Fiscal Year 2009 Budget; same to be raised by Fiscal Year 2009 Revenue. C-145 Relative to the appropriation of $3,095,000.00 to the Sewer Department Fiscal Year 2009 Budget; same to be raised by Sewer Department Fiscal Year 2009 Estimated Receipts as authorized by Chapter 44, Section 53E of the Massachusetts General Laws. ORDERED: - that the sum of Three Million Ninety Five Thousand Dollars ($3,095,000.00) be appropriated to the Sewer Department Fiscal Year 2009 Budget; same to be raised by Fiscal Year 2009 Sewer Department estimated receipts. Upon recommendation of the FINANCE COMMITTEE the following COMMUNICATION was GRANTED and ORDERED. Vt. 8 “yeas” and 1 “nays”; Councillor Rowlands opposed. C-146 Relative to the appropriation of $4,000,000.00 to the Water Department Fiscal Year 2009 Budget; same to be raised by Fiscal Year 2009 Water Department Estimated Receipts as authorized by Chapter 44, Section 53E of the Massachusetts General Laws. ORDERED: - that the sum of Four Million Dollars ($4,000,000.00) be appropriated to the Water Department Fiscal Year 2009 Budget; same to be raised by Fiscal Year 2009 Water Department estimated receipts. Upon recommendation of the FINANCE COMMITTEE the following COMMUNICATION was GRANTED and ORDERED. Vt. 8 “yeas”, Councillor Nickel abstained due to a possible conflict of interest. C-157 Relative to the appropriation of $30,000.00 to the Fire Department Overtime Account; same to be transferred from the Fire Department Salary and Wages Account. ORDERED: - that the sum of Thirty Thousand Dollars ($30,000.00) be appropriated to the Fire Department Overtime Account; same to be transferred from the Fired Department Salary and Wages Account. RE: These funds are required to meeting minimum staffing requirements for the remainder of the fiscal year. Upon recommendation of the FINANCE COMMITTEE the following COMMUNICATION was AMENDED, GRANTED AS AMENDED and ORDERED. Amended from $225,000.00 to $232,803.00. Vt. 9 “yeas” C-158 Relative to the appropriation of $232,803.00 to the Municipal Buildings Capital Outlay Expense Account; same to be transferred from the Excess and Deficiency Account. ORDERED: - that the sum of Two Hundred Thirty Two Thousand Eight Hundred and Three Dollars ($232,803.00) be appropriated to the Municipal Buildings Capital Outlay Expense Account; same to be transferred from the Excess and Deficiency Account. RE: Repair cost for City Hall and Kendall Hall cupolas Upon recommendation of the FINANCE COMMITTEE the following COMMUNICATION was AMENDED. Vt. 7 “yeas” and 2 “nays”; Councillors Lanciani and Rowlands opposed. GRANTED AS AMENDED and ORDERED. Vt. 9 “yeas”. Amended from $2,500.00 to $2,477.00. C-159 Relative to the appropriation of $2,477.00 to the Emergency Management Agency Expense Account; same to be transferred from the Excess and Deficiency Account. ORDERED: - that the sum of Two Thousand Four Hundred Seventy Seven Dollars ($2,477.00) be appropriated to the Emergency Management Agency Expense Account; same to be transferred from the Excess and Deficiency Account. RE: Auto repair and maintenance Upon recommendation of the FINANCE COMMITTEE the following COMMUNICATION was GRANTED and ORDERED. Vt. 9 “yeas” C-160 Relative to the appropriation of $1,000.00 to the Snow and Ice Overtime Account; same to be transferred from the Excess and Deficiency Account. ORDERED: - that the sum of $1,000.00 be appropriated to the Snow and Ice Overtime Account; same to be transferred from the excess and Deficiency Account. REGULAR MEETING OF THE CITY COUNCIL, JUNE 23, 2008, continued A recess was called at 9:45 P.M. to allow the City Comptroller John Richard to speak The meeting reconvened at 9:50 P.M. Upon recommendation of the FINANCE COMMITTEE the following COMMUNICATIONS were GRANTED and ORDERED. Vt. 9 “yeas” C-161 Relative to the appropriation of $33,555.00 to the Cemetery Salary and Wages Account; same to be transferred form the Cemetery Perpetual Care Income Account. ORDERED: - that the sum of Thirty Three Thousand Five Hundred Fifty Five Dollars ($33,555.00) be appropriated to the Cemetery Salary and Wages Account; same to be transferred from the Cemetery Perpetual Care Income Account. C-162 Relative to the appropriation of $400.00 to the License Commission Expense Account; same to be transferred from the Excess and Deficiency Account. ORDERED: - that the sum of Four Hundred Dollars ($400.00) be appropriated to the License Commission Expense Account; same to be transferred from the Excess and Deficiency Account. C-163 Relative to the appropriation of $65,000.00 to the Recreation Department Capital Outlay Expense Account; same to be transferred from the Excess and Deficiency Account. ORDERED: - that the sum of Sixty Five Thousand Dollars ($65,000.00) be appropriated to the Recreation Department Capital Outlay Expense Account; same to be transferred from the Excess and Deficiency Account. RE: Lighting for the Doyle Field tennis courts. Upon request of the LEGAL AFFAIRS COMMITTEE the following COMMUNICATION was given FURTHER TIME. Vt. 9/0 C-153 Dean J. Mazzarella, Mayor: Amend Chapter 21, Article II of the Revised Ordinances entitled “Water Department” by adding Section 21-13.2 “Water Line and Sewer Main Line Protection Plans” which establishes standards and minimum requirements for persons or businesses that seek to offer water line and/or sewer main line protection plans to homeowners. Upon request of the LEGAL AFFAIRS COMMITTEE the following PETITION was given FURTHER TIME. Vt. 9/0 95-08 David Rowlands, Virginia A. Tocci, John M. Dombrowski, James Lanciani Jr., Robert A. Salvatelli, Richard M. Marchand and Wayne Nickel: Amend the Leominster Zoning Ordinance, Chapter 22 - Section 22-24, by removing “Mixed Use Development Projects” and inserting in its place a new Section 22-24 creating “Industrial Mixed Use Overlay Districts” (Small and Large) and modify the Table of Uses Section 22-26 to reflect said changes. (A hearing is scheduled for July 14, 2008 at 7:15 P.M.) Upon request of the LEGAL AFFAIRS COMMITTEE the following PETITION was TABLED. Vt. 9/0 98-08 Stephen Boucher for Gateway Business Center LLC: Grant a Special Permit for a Mixed Use Development Project at 435 Lancaster Street consisting of 5.95 acres in an Industrial zone and shown on Assessor’s Map 443 as Lot 1. (A hearing is scheduled for July 28, 2008 at 7:00 P.M.) Upon request of the PUBLIC SAFETY COMMITTEE the following PETITIONS were given FURTHER TIME. Vt. 9/0 99-08 Richard Marchand: Place a street light on Pole #59 in the vicinity of 600 Merriam Avenue. 100-08 Claire M. Freda: Request the police determine the safety and traffic volume for the possible closure of the bridge on Old Mill Road. Upon request of the CITY PROPERTY COMMITTEE the following PETITION was given FURTHER TIME. Vt. 9/0 101-08 Patrick and Sandy Bunting: Request permission to place a hot dog trailer on Main Street in front of Banknorth on weekends. Upon recommendation of the WAYS & MEANS COMMITTEE the following APPOINTMENTS were CONFIRMED Vt. 9/0 REGULAR MEETING OF THE CITY COUNCIL, JUNE 23, 2008, continued Election of Officers - 2008-2009 WARD 1A WARD 1B WARD 1C Warden R Nicholas D’Onfro Warden R Paul B. Beers Warden D Rosemary Bracani Clerk R Janice D'Onfro Clerk D Margaret T. Gates Clerk U Estelle Cuddahy Inspector U Melanina Arpano Inspector U Mary L. Barron Inspector D Barbara Lanza Inspector U Jeannita M. Gaudet Inspector U Alfred O. Zarrella, Sr. Inspector U Priscilla Regopoulos U Inspector R Sidia A. Pomeroy Inspector D May N. Laventure Inspector Beverly Amedio D Inspector U Anne A. Lucier Inspector U Spyleos Regopoulos Inspector Katherine Saunders D Inspector D Paul Janda Inspector D Margaret A. Woovis Inspector Anne E. Kastal Christopher Inspector U Chiumento Inspector U Mary Golas Inspector U Ida M. Bourque Deputy Inspector D Kathleen Kaldis Deputy Inspector D Florence Zarrella Inspector* U Jeremiah E. Greene JR Deputy Inspector D Beatrice Robichaud Deputy Inspector D Elizabeth J. Buchanan Deputy Inspector U Jeanne Jekanowksi Deputy Inspector D Virginia M. Polley Deputy Inspector R DR Joan Nowlin Thompson Deputy Inspector R Thelma Cummings D Deputy Inspector U Elaine A. Hupfeld Deputy Inspector Janice LeDuc D Deputy Inspector U Philena G. Richards Deputy Inspector Carole L. Borja Deputy Inspector U Estelle L. Parmeter WARD 2A WARD 2B WARD 2C U Warden R Robert Cosseboom Warden R Bertha R Cascio Warden Dennis M. Lyddy Clerk D Joanne Anderson Clerk U Anna B. Testa Clerk U Amelia Piermarini D Inspector U Ruth Mullahy Inspector U Theresa P. Gizzi Inspector Jean R Morel Inspector D Marguerite Coughlin Inspector D Lorraine LaCross Inspector D Francis A. Bastine, JR Inspector U Susan J. Sanguinetti Inspector D Mary E. Tata Inspector U Elizabeth Crawley Inspector D Jean Tessier Inspector U Leon Allain Inspector D Anna M. McCarthy Inspector U Barbara Lanza Inspector D Dorothy A. Guadagnoli Inspector U James G. Woovis U Inspector U Shirley Bissonnette Inspector U Gina Polack Inspector Milagros Vazquez Deputy Inspector D Maria Tineo Deputy Inspector D Amanda Amicangelo Inspector* R Benjamin E. Parker, JR Deputy Inspector D Fleur-Ange Bachand Deputy Inspector R Ida G. Kendall Deputy Inspector U Kelley S. Lyddy Deputy Inspector D Rita E. Souliere Deputy Inspector U Cecile Chartrand Deputy Inspector D Claire M. Lincoln WARD 3A WARD 3B WARD 3C Warden D Kathleen A. Haskell Warden U David P. Dube Warden U Louise Comeau Clerk D Mona Blanchard Clerk D William M. Ryan Clerk U Victoria Lanides Inspector D Sarah M. Fratturelli Inspector U Deanne T. Comeau Inspector D Nancy McCarthy Inspector D Germaine Vincent Inspector U Gail K. Cunningham Inspector D Madeline L'Ecuyer U Inspector U Karen Fregeau Inspector U Virginia M. Lagoy Inspector Linda Novelli Inspector D Georgette Rainville Inspector U Michael Saucier Inspector U Maryann Bonneau U Inspector U Patricia Corriea Inspector U Nancy Saucier Inspector Ruth F. Barrows Inspector U Norma I. Surovich Inspector D Caroline F. Perla Inspector U Nilah Gerhard U Deputy Inspector D Lorraine Leger Deputy Inspector U Joanne E. Johnson Inspector* Jeffrey L. Rosenberg Deputy Inspector D Lucy Ciccolini Deputy Inspector U Judith H. Wilson U Deputy Inspector D Andrew F. Filieo Deputy Inspector Todd Rousseau Deputy Inspector D Julia M. Bessey Deputy Inspector D Shirley Billet WARD 4A WARD 4B WARD 4C U Warden R Janet Baron Warden R Janet E. Parker Warden Karen Fusco Clerk U Joyce LaFleur Clerk U Birdie K. Siciliano Clerk D Elizabeth Denis U Inspector D Phyllis A. DelGiudice Inspector U Joseph A. Angelini Inspector Marylou E. Kurtz Inspector U Linda Vezina Inspector R Joan B. Nicholson Inspector D Mary Piermarini Inspector D Anna C. Muse Inspector U Bernice Bangrazi Inspector U Nancy Hicks Inspector U Arnold Baron Inspector D Patricia A. Pinder Inspector D Maureen Jennings Inspector U Rosalie LaManno Inspector D Pearl Masciangioli Inspector U Maureen Angelini D Inspector D Janet Flanagan Inspector U Mildred Porell Inspector Louise DiPalma Inspector* U Susan Sweeney Deputy Inspector U Anna Mikels Inspector* D John Isaac Going Deputy Inspector D Rita Colecchi Deputy Inspector U Teresa A. Ramos Deputy Inspector U Milagros Vazquez Deputy Inspector D Magella Jackson Deputy Inspector U Linda Largey Deputy Inspector D John Jackson Deputy Inspector U Carol VivoAmore Deputy Inspector U Joanne Petricca Deputy Inspector U Laura Sykes Deputy Inspector U Patricia M. Harvie  Deputy Inspector U Bradford Hager Deputy Inspector U John P. Bulger *Handicap Inspector REGULAR MEETING OF THE CITY COUNCIL, JUNE 23, 2008, continued WARD 5A WARD 5B WARD 5C Warden U Cynthia L. Henderson Warden R Donald Piermarini Warden U Diane Shepherd Clerk U Leslie S. Tobin Clerk U Beverly R Lemieux Clerk U Sandra L. Copeland Inspector R Marilyn N. Carter Inspector D Eleanora B.Bissonnette Inspector U Margaret Allen Inspector R Chester E. Carter Inspector U Gloria R Gerry Inspector D Margaret Halnan Inspector D Therese M. Tobin Inspector U David Henderson Inspector U Rita Thomas Inspector D Mary E. Chalifoux Inspector U Doris DeCicco Inspector D Marie H. Chester Inspector D Suzanne Carroll Inspector D Sharlene Aubuchon Inspector D Mary A. Olivier Inspector U Therese Lomme Inspector R Bessie Lindsay Inspector D Lisa Holley Deputy Inspector U Gail Purretta Inspector* D Andrea Freeman Deputy Inspector U Joseph Godin Deputy Inspector U Thomas Bosselait Deputy Inspector D Kathleen Bryant Deputy Inspector D Marie Blondin Deputy Inspector U Lucille Arsenault Deputy Inspector D Madeleine Marcoux Deputy Inspector U Denise Lamkin Deputy Inspector D Mary A. Gallagher Deputy Inspector R James Pomeroy Deputy Inspector D Phyllis Johnson Deputy Inspector U Susan A. Cataldo Deputy Inspector D Mary Warner Deputy Inspector U Gail Duplease *Handicap Inspector Leominster Police Department: Carlos Cintron, Christopher Cordio, Thomas Wade The following LOAN ORDER was read a second time, adopted as presented and passed to be ordained. Vt. 9 “yeas” CITY OF LEOMINSTER LOAN ORDER 1st Reading: June 9, 2008 2nd Reading: June 23, 2008 BE IT ORDERED: - that the sum of $19,260,000.00 be appropriated for the purpose of financing the construction of the new water treatment plant at the Distributing Reservoir and system upgrades including without limitation all costs thereof as defined in Section 1 of Chapter 29C of the General Laws; that to meet this appropriation the Treasurer with the approval of the Mayor is authorized to borrow $19,260,000.00 and issue bonds or notes therefore under Chapter 44of the General Laws and/or Chapter 29C of the General Laws; that such bonds or notes shall be general obligations of the City unless the Treasurer with the approval of the Mayor determines that they should be issued as limited obligations and may be secured by local system revenues as defined in Section 1 of Chapter 29C of the General Laws; that the Treasurer with the approval of the Mayor is authorized to borrow all or a portion of such amount from the Massachusetts Water Pollution Abatement Trust established pursuant to Chapter 29C of the General Laws; and in connection therewith to enter into a loan agreement and/or a security agreement with the Trust and otherwise to contract with the Trust and the Department of Environmental Protection with respect to such loan and for any federal or state aid available for the project or for the financing thereof; that the Mayor is authorized to enter into a project regulatory agreement with the Department of Environmental Protection to expend all funds available for the project and to take any other action necessary to carry out the project. Approved: Mayor 1st Reading: /sDean J. Mazzarella, Mayor Date: June 10, 2008 2nd Reading: /sDean J. Mazzarella, Mayor Date: June 24, 2008 _____________________________________ Councillor Dombrowksi, Chairman of the President’s Drinking Water Oversight Committee, said he had nothing new to report but he will be requesting a report from Woodward & Curran regarding the status of the experiments with the coagulants. Under New Business, a Legal Affairs Subcommittee meeting was established for July 9, 2008 at 7:00 P.M. and the Finance Committee meeting will have a meeting on July 9, 2008 at 6:30 P.M. if necessary. REGULAR MEETING OF THE CITY COUNCIL, JUNE 23, 2008, continued Councillor Rowlands said in the report by Kopelman & Paige expenses were incurred by the City for the Southgate property project and easements the City negotiated under water & sewer. The total was $2,912.00. He said he would like a communication sent through the Mayor’s Office that determines if that money is eligible for reimbursement. Councillor Rowlands said he received a letter from Kopelman & Paige regarding Petition #67-08 concerning the different uses allowed in Residential C. He said Judith Cutler passed on some questions and concerns. He asked the City Clerk to contact Judith Cutler and have her give us an attempt at the wording necessary for this petition to be in the proper format and then we would put it on our agenda for our Subcommittee meeting to discuss it. Councillor Marchand said this is a legal issue and asked Councillor Rowlands if he would consider asking Kopelman & Paige if there is a significant change in the language, which it appears there is, would it be best for the City to rescind the vote if necessary and have the new legislation submitted and go through the process. Councillor Rowlands said it was an excellent question and he will also ask that not only she come up with what she considers to be adequate wording for the ordinance but ask her what she suggests if it is a large enough change what is the process we need to do to reestablish hearings. Councillor Freda said one of the conditions from the Planning Board for the Hess Station on the corner Central Street and Litchfield was that a traffic pattern be revisited one year after occupancy with an accompanying traffic report. She said she knows it hasn’t been a year yet but there’s a problem so maybe they can look at it sooner. The following ORDINANCE was read once, ADOPTED as presented and ordered published. A hearing was set for July 14, 2008 at 7:00 P.M. Vt. 9 “yeas” 1st Reading Ordinance- Amend Chapter 21, Section 21-11.1 entitled “Water User Rate Schedule” to reflect an increase in water rates to $2.35 per unit in city and $3.15 per unit out of city effective July 1, 2008; $2.60 per unit in city and $3.48 per unit out of city effective July 1, 2009 and $2.95 per unit in city and $3.95 per unit out of city effective July 1, 2010. The following ORDINANCE was read once, ADOPTED as presented and ordered published. A hearing was set for July 14, 2008 at 7:05 P.M. Vt. 9 “yeas” 1st Reading Ordinance-Amend Chapter 8, Article III, Section 8-19(a) Fees for Ambulance Service” to reflect a change in the ambulance rates for Basic Life Support (BLS) and Advance Life Support (ALS) from the Medicare allowable amount to the Medicare allowable amount times 40% for BLS and times 45% for ALS. The following ORDINANCE was read once, ADOPTED as presented and ordered published. A hearing was set for July 14, 2008 at 7:10 P.M. Vt. 9 “yeas” 1st Reading Ordinance-Amend Chapter 13, Article III, Section 13-34 entitled “No Parking on Certain Street” prohibiting parking from the corner of the ninety-degree bend bordering Carter Park, east side of Summer Street for a distance of approximately one hundred and eighty seven feet heading towards Water Street and from the corner of the ninety-degree bend bordering Carter Park, north side of Summer Street, for a distance of approximately forty-five feet heading west towards Main Street. Councillor Rowlands, Chairman of the LEGAL AFFAIRS COMMITTEE, moved that the following PETITION not be removed from the table. 84-08 Roger Brooks: Amend Chapter 21, Section 21-22.3 entitled “Sewer User Rate Schedule” to increase the in city rate from $1.70 per unit to $1.95 per unit and the out of city rate from $4.00 per unit to $4.25 per unit effective July 1, 2008. MEETING ADJOURNED AT 10:35 P.M. ____________________________ Lynn A. Bouchard, City Clerk and Clerk of the City Council