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City Council

Regular Meeting

Leominster, MA · June 28, 2010

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Minutes

HEARING BEFORE THE CITY COUNCIL, JUNE 28, 2010 Hearing opened at 6:45 P.M. with Councillor Salvatelli, Chair of the Finance Committee, presiding. All members were present except Councillor Nickel The following PETITIONS were the subject of the hearing: C-109 Relative to the appropriation of $97,730,000.00 to the City of Leominster General Fund Fiscal Year 2011 Budget, same to be raised by Fiscal Year 2011 Revenue. C-110 Relative to the appropriation of $4,400,000.00 to the Water Department Fiscal Year 2011 Budget; same to be raised by Fiscal Year 2011 Water Department Estimated Receipts as authorized by Chapter 44, Section 53E of the Massachusetts General Laws. C-111 Relative to the appropriation of $3,600,000.00 to the Sewer Department Fiscal Year 2011 Budget; same to be raised by Fiscal Year 2011 Sewer Department Estimated Receipts as authorized by Chapter 44, Section 53E of the Massachusetts General Laws. No one in the audience spoke in favor or in opposition to C-109. Councillor Dombrowski said at the last Finance Committee meeting he proposed approximately $500,000.00 in cuts to C-109 from the administration side of the budget and does not make those cuts lightly He said it is his personal recommendation to transfer any moneys cut from the administrations budget to the school department to save some jobs and programs. He said he knows it is not the Council’s prerogative and we don’t have the authority to do that but those would be his suggestions. His proposed cuts are $2,600.00 from the Assessor’s Expenses (line 24), $2,000.00 from the Treasurer’s Expenses (line 28), $440.00 from the Collector’s Salary and Wages (line 29), $450.00 from the Collector’s Expenses (line 30), $28,000.00 from the Other Finance Officers and Accounts (line 32) $1,500.00 from the Audit of Municipal Accounts (line 33). He said the reason he would make those cuts in the budget is to keep those particular line items consistent with last year’s budget. He said he understands from the Comptroller during the committee meeting had indicated that these matters were contractual. He said even if they are contractual he thinks the administration can come down and discuss them. Even if they are contractual it seems to him they are not bidding out all the contracts. He would cut $50,000.00 from the City Solicitor’s Expense. He said the reason for the cut is that he feels that the City Solicitor has become a lawyer for the administration rather than a lawyer for the City and cutting the budget insures better scrutiny when we want to pay money for legal fees. He would cut $22,000 from Collective Bargaining Expenses (line 37) to keep it consistent with last year and better scrutiny, $75, 342.00 from the Planning Department (line 55). He said during this economy we do not need a Director and Assistant Director. He would cut $2,400.00 Planning Department Expenses (line 56), $35,000.00 Economic Development Expenses (line 64), $37,880.00 from Police Overtime (lines 80) and $87,150.00 Fire Overtime (line87) keeping it all consistent with last year. He said cut $20,000 from the Snow and Ice Overtime (line 136) and $60,000.00 Snow and Ice Expenses (line 137), and $10,500.00 from the Christmas Decorations (line 196). He said if any Councillors agree with any of the cuts he requests that you bring them up. No one in the audience spoke in favor or in opposition of C-110. No Councillors spoke. No one in the audience spoke in favor or in opposition of C-111. No Councillor spoke. HEARING ADJOURNED AT 6:58 P.M. _______________________________ Lynn A. Bouchard, City Clerk And Clerk of the City Council REGULAR MEETING OF THE CITY COUNCIL, JUNE 28, 2010 Meeting was called to order at 7:30 P.M. Attendance was taken by a roll call vote; all members were present except Councillor Nickel. The following COMMUNICATION was received with an EMERGENCY PREAMBLE and referred to the FINANCE COMMITTEE. Vt. 8 “yeas”. Upon recommendation of the FINANCE COMMITTEE the following COMMUNICATION was GRANTED and ORDERED. Vt. 8 “yeas” C-122 Relative to the appropriation of $3,000.00 to the Emergency Management Agency Expense Account; same to be transferred from the Excess and Deficiency Account. ORDERED: - that the sum of Three Thousand ($3,000.00) be appropriated to the Emergency Management Agency Expense Account; same to be transferred fro the Excess and Deficiency Account. RE: City of Leominster 15% share of the National Grid Energy Savings Plan grant received. 2 REGULAR MEETING OF THE CITY COUNCIL, JUNE 28, 2010, continued The following COMMUNICATION was received with an EMERGENCY PREAMBLE and referred to the FINANCE COMMITTEE. Vt. 8 “yeas”. Upon recommendation of the FINANCE COMMITTEE the following COMMUNICATION was GRANTED and ORDERED. Vt. 8 “yeas” A motion to amend the COMMUNICATION to reduce by $4,114.00 was defeated. Vt. 3/5; Councillors Salvatelli, Lanciani, Cormier, Chalifoux-Zephir and Freda opposed. C-123 Relative to the appropriation of $30,000.00 to the City Solicitor Expense Account; same to be transferred from the Excess and Deficiency Account. ORDERED: - that the sum of Thirty Thousand Dollars ($30,000.00) be appropriated to the City Solicitor Expense Account; same to the transferred from the Excess and Deficiency Account. RE: To cover the City Solicitor expenses for FY 2010 as follows: Oil Contamination-Seventh Street $ 4,700.00 National Plastics Museum Purchase $ 5,000.00 Street Takings $ 6,500.00 Appellate Tax Board Litigation $12,650.00 Conservation Commission-CSX Litigation $22,800.00 The following COMMUNICATION was received with an EMERGENCY PREAMBLE and referred to the FINANCE COMMITTEE. Vt. 8 “yeas”. Upon recommendation of the FINANCE COMMITTEE the following COMMUNICATION was GRANTED and ORDERED. Vt. 8 “yeas” C-124 Relative to the appropriation of $5,000.00 to the Veterans Service Expense Account; same to be transferred from the Excess and Deficiency Account. ORDERED: - that the sum of Five Thousand Dollars ($5,000.00) be appropriated to the Veterans Services Expense Account; same to be transferred from the Excess and Deficiency Account. The following COMMUNICATIONS were received, referred to the FINANCE COMMITTEE and given REGULAR COURSE. C-125 Relative to the appropriation of $51,226.00 to the Gallagher Building Salary and Wages Account; same to be transferred from the Gallagher Building Revolving Account. C-126 Relative to the appropriation of $61,000.00 to the Gallagher Building Expense Account; same to be transferred from the Gallagher Building Revolving Account. The following COMMUNICATION was received under SUSPENSION OF THE RULES with an EMERGENCY PREAMBLE and referred to the FINANCE COMMITTEE. Vt. 8 “yeas”. Upon recommendation of the FINANCE COMMITTEE the following COMMUNICATION was GRANTED and ORDERED. Vt. 8 “yeas” C-127 Relative to the appropriation of $13,500.00 to the Sanitation and Drainage Account; same to be transferred from the Excess and Deficiency Account. ORDERED: - that the sum of Thirteen Thousand Five Hundred Dollars ($13,500.00) be appropriated to the Sanitation and Drainage Expense Account; same to be transferred from the Excess and Deficiency Account. RE Drainage Materials. The following COMMUNICATION was received under SUSPENSION OF THE RULES with an EMERGENCY PREAMBLE and referred to the FINANCE COMMITTEE. Vt. 8 “yeas”. . Upon recommendation of the FINANCE COMMITTEE the following COMMUNICATION was GRANTED and ORDERED. Vt. 7 “yeas”. Councillor Cormier abstained due to a possible conflict of interest. C-128 Relative to the appropriation of $15,000.00 to the Fire Department Overtime Account; same to be transferred from the Fire Department Salary and Wages Account. ORDERED: - that the sum of Fifteen Thousand Dollars ($15,000.00) be appropriated to the Fire Department overtime Account; same to be transferred from the Fire Department Salary and Wages Account. The following COMMUNICATION was received under SUSPENSION OF THE RULES with an EMERGENCY PREAMBLE and referred to the FINANCE COMMITTEE. Vt. 8 “yeas”. Upon recommendation of the FINANCE COMMITTEE the following COMMUNICATION was GRANTED and ORDERED. Vt. 8 “yeas” C-129 Relative to the appropriation of $2,000.00 to the Veterans Services Expense 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 Veterans Services Expense Account; same to be transferred from the Excess and Deficiency Account. RE: Burial expenses for a veteran. 3 REGULAR MEETING OF THE CITY COUNCIL, JUNE 28, 2010, continued The following APPOINTMENTS were received under SUSPENSION OF THE RULES with an EMERGENCY PREAMBLE and referred to the WAYS & MEANS COMMITTEE. Upon recommendation of the WAYS & MEANS COMMITTEE the following APPOINTMENTS were CONFIRMED. Vt. 8 “yeas” Juan D. Ramos and John A. Perrault – Police Department – Lateral Transfer The following Appointment was received, referred to the WAYS & MEANS COMMITTEE and given REGULAR COURSE. Office of Emergency Management – Elympse Octavius, Auxillary Police Unit Councillor Salvatelli, Chairman of the Finance Committee, read the Financial Report for the City into the records. Account balances are as follows: Excess & Deficiency Account (Free Cash) $ 851,266.00 Stabilization Fund $11,547, 495.00 Interest earned $ 830.00 Upon recommendation of the FINANCE COMMITTEE, the following COMMUNICATION was RATIFIED. (Granted with an Emergency Preamble on June 14, 2010) C-108 (b) Relative to the appropriation of $8,936.50 to the Planning Department Salary & Wages Account; same to be transferred from the Excess and Deficiency Account. Upon recommendation of the FINANCE COMMITTEE, the following COMMUNICATION was AMENDED and GRANTED AS AMENDED. Amended by changing the amount from $97,730,000.00 to $97,674,565.00. Vt. 6 “yeas” and 2 “nays”, Councillors Dombrowski and Rowlands opposed. Councillor Marchand abstained from the line items pertaining to the School Department and Councillor Cormier abstained from the line items pertaining to the Fire Department and School Department due to possible conflict of interest. Line item #39 in the amount of $55,435. was cut from the budget. C-109 Relative to the appropriation of $97,674,565.00 to the City of Leominster General Fund Fiscal Year 2011 Budget, same to be raised by Fiscal Year 2011 Revenue. ORDERED: - that the sum of Ninety Seven Million Six Hundred Seventy Four Thousand Five Hundred Sixty Five Dollars $97,674.565.00 be appropriated to the City of Leominster General Fund Fiscal Year 2011 Budget; same to be raised by Fiscal Year 2011 Revenue. See complete Budget on Page __________ Upon recommendation of the FINANCE COMMITTEE the following COMMUNICATIONS were GRANTED and ORDERED. Vt. 5 “yeas” and 2 “nays”, Councillor Dombrowski and Rowlands opposed. Councillor Chalifoux-Zephir abstained due to a possible conflict of interest. C-110 Relative to the appropriation of $4,400,000.00 to the Water Department Fiscal Year 2011 Budget; same to be raised by Fiscal Year 2011 Water Department Estimated Receipts as authorized by Chapter 44, Section 53E of the Massachusetts General Laws. ORDERED: - that the sum of Four Million Four Hundred Thousand Dollars ($4,400,000.00) be appropriated to the Water Department Fiscal Year 2011 Budget; same to be raised by Fiscal Year 2011 Water Department Estimated Receipts as authorized by Chapter 44, Section 53E of the Massachusetts General Law. C-111 Relative to the appropriation of $3,600,000.00 to the Sewer Department Fiscal Year 2011 Budget; same to be raised by Fiscal Year 2011 Sewer Department Estimated Receipts as authorized by Chapter 44, Section 53E of the Massachusetts General Laws. ORDERED: - that the sum of Three Million Six Hundred Thousand Dollars ($3,600,000.00) be appropriated to the Sewer Department Fiscal Year 2011 Budget; same to be raised by Fiscal Year 2011 Sewer Department Estimated Receipts as authorized by Chapter 44, Section 53E of the Massachusetts General Laws. Upon recommendation of the FINANCE COMMITTEE the following COMMUNICATIONS were GRANTED and ORDERED. Vt. 8 “yeas”. C-112 Relative to the appropriation of $142.00 to the Emergency Management Salary and Wages Account; same to be transferred from the Emergency Management Expense Account. ORDERED: - that the sum of One Hundred Forty Two Dollars ($142.00) be appropriated to the Emergency Management Salary and Wages Account; same to be transferred from the Emergency Management Expense Account. RE: Emergency O.T. Payment to be reimbursed by FEMA 4 REGULAR MEETING OF THE CITY COUNCIL, JUNE 28, 2010, continued C-113 Relative to the appropriation of $30,000.00 to the Council on Aging Capital Outlay Expense Account; same to be transferred from the Excess and Deficiency Account. ORDERED: - THAT THE SUM OF Thirty Thousand Dollars ($30,000.00) be appropriated to the Council on Aging Capital Outlay Expense Account; same to be transferred from the Excess and Deficiency Account. C-114 Relative to the appropriation of $50,000.00 to the Unemployment Expense Account; same to be transferred from the Excess and Deficiency Account. ORDERED: - that the sum of Fifty Thousand Dollars ($50,000.00) be appropriated to the Unemployment Expense Account; same to be transferred from the Excess and Deficiency Account. C-115 Relative to the appropriation of $600.00 to the Health Department Expense Account; same to be transferred from the Emergency Reserve Account. ORDERED: - that the sum of Six Hundred Dollars ($600.00) be appropriated to the Health Department Expense Account; same to be transferred from the Emergency Reserve Account. RE: These funds are requested to send four people from the Health Department staff to valuable housing inspection training. C-116 Relative to the appropriation of $800.00 to the License Commission Expense Account; same to be transferred from the Emergency Reserve Account. ORDERED: - that the sum of Eight Hundred Dollars ($800.00) be appropriated to the License Commission Expense Account; same to be transferred from the Emergency Reserve Account. RE: Public Hearing expenses related to the Wine and Malt Licenses currently available C-117 Relative to the appropriation of $79,211.00 to the Recreation Department Capital Outlay Expense Account; same to be transferred from the Excess and Deficiency Account. ORDERED: - that the sum of Seventy Nine Thousand Thow Hundred Eleven Dollars ($79,211.00) be appropriated to the Recreation Department Capital Outlay Expense Account; same to be transferred from the Excess and Deficiency Account. RE: Barrett Park Program Room $65,000.00 Barrett Park Office Roof $ 4,875.00 Southeast Basketball/Tennis Courts $ 4,151.00 Bennett Basketball Court $ 5,185.00 C-118 Relative to the appropriation of $225,000.00 to the Police Department Capital Outlay Expense Account; same to be transferred from the Excess and Deficiency Account. ORDERED: - that the sum of Two Hundred Twenty Five Thousand Dollars ($225,000.00) be appropriated to the Police Department Capital Outlay Expense Account; same to be transferred from the Excess and Deficiency Account. RE: Seven (7) police cruisers C-119 Relative to the appropriation of $7,500.00 to the Emergency Management Agency Capital Outlay Expense Account; same to be transferred from the Excess and Deficiency Account. ORDERED: - that the sum of Seven Thousand Five Hundred Dollars ($7,500.00) be appropriated to the Emergency Management Agency Capital Outlay Expense Account; same to be transferred from the Excess and Deficiency Account. RE Electrical work in our prep/dining room, sheetrock/insulation, mud, paint, etc. for walls and tiles for floor Upon recommendation of the FINANCE COMMITTEE the following COMMUNICATION was GRANTED and ORDERED. Vt. 8 “yeas” C-120 Relative to the appropriation of $491,760.00 from the School Choice Tuition Revolving Fund and $191,240.00 from the Excess and Deficiency Account, to the Leominster High School Capital Outlay Expense Account, for purposes of replacing and repairing portions of the roof at Leominster High School, located at 122 Granite Street; provided that the roof repairs are one part of a larger capital project at the High School which school facility shall have an anticipated useful life as an educational facility for the instruction of school children of at least 50 years and for which the City may be eligible for a school construction grant from the Massachusetts School Building Authority (MSBA); that the City acknowledges that the MSBA’s grant program is a non-entitlement, discretionary program based upon need, as determined by the MSBA and any costs the City incurs in excess of any grant approved by and received from the MSBA shall be the sole responsibility of the City; provided further that any grant that the City may receive from the MSBA for the Project shall not exceed the lesser of (1) seventy- two and one hundredth (72.01%) percent of eligible, approved project costs, as determined by the MSBA, or the total maximum grant amount determined by the MSBA. 5 REGULAR MEETING OF THE CITY COUNCIL, JUNE 28, 2010, continued ORDERED:- that the sum of $491,760.00 from the School Choice Tuition Revolving Fund and $191,240.00 from the Excess and Deficiency Account, to the Leominster High School Capital Outlay Expense Account, for purposes of replacing and repairing portions of the roof at Leominster High School, located at 122 Granite Street; provided that the roof repairs are one part of a larger capital project at the High School which school facility shall have an anticipated useful life as an educational facility for the instruction of school children of at least 50 years and for which the City may be eligible for a school construction grant from the Massachusetts School Building Authority (MSBA); that the City acknowledges that the MSBA’s grant program is a non-entitlement, discretionary program based upon need, as determined by the MSBA and any costs the City incurs in excess of any grant approved by and received from the MSBA shall be the sole responsibility of the City; provided further that any grant that the City may receive from the MSBA for the Project shall not exceed the lesser of (1) seventy- two and one hundredth (72.01%) percent of eligible, approved project costs, as determined by the MSBA, or the total maximum grant amount determined by the MSBA. Upon recommendation of the FINANCE COMMITTEE the following COMMUNICTION was GRANTED. Vt. 8 “yeas” C-121 Dean J. Mazzarella, Mayor: Request the that the sum of $42,400,000.00 be expended under the direction of the School Building Committee, to pay cost of remodeling, reconstructing and making extraordinary repairs to Leominster High School located at 122 Granite Street and for the payment of any and all other costs incidental and related thereto. This project would materially extend the useful life of the school and preserve an asset that otherwise is capable of supporting the educational program for which the City may be eligible for a school construction grant from the Massachusetts School Building Authority (“MSBA”); that to meet said appropriation the Treasurer, with the approval of the Mayor, is authorized to borrow said sum under M.G.L. Chapter 44, or any other enabling authority; that the City acknowledges that the MSBA grant program is a non-entitlement discretionary program based on need, as determined by the MSBA, and any project costs the City incurs in excess of any grant approved by and received from the MSBA shall be the sole responsibility of the City; provided further that any grant that the City may receive from the MSBA for the Project shall not exceed the lesser or (1)[72.01] percent ([72.01%]) of eligible, approved project costs, as determined by the MSBA, or (2) the total maximum grant amount determined by the MSBA, and that the amount of borrowing authorized pursuant to this vote shall be reduced by any grant amount set forth in the Project Funding Agreement that may be executed between the City and the MSBA. Upon request of the LEGAL AFFAIRS COMMITTEE the following COMMUNICATIONS were given FURTHER TIME. Vt. 8/0 C-95 Dean J. Mazzarella, Mayor: Request authorization to file a home rule petition authorizing the City of Leominster to grant one (1) additional Wine and Malt Pouring License to be issued only in conjunction with a redevelopment project. C-96 Dean J. Mazzarella, Mayor: Request authorization to file a home rule petition authorizing the City of Leominster to grant one (1) additional Wine and Malt Pouring License to be issued only in conjunction with a redevelopment project. C-97 Dean J. Mazzarella, Mayor: Request authorization to file a home rule petition authorizing the City of Leominster to grant one (1) additional Wine and Malt Pouring License to be issued only in conjunction with a redevelopment project. C-98 Dean J. Mazzarella, Mayor: Request authorization to file a home rule petition authorizing the City of Leominster to grant one (1) additional All Alcohol Pouring License to be issued only in conjunction with a redevelopment project. C-99 Dean J. Mazzarella, Mayor: Request authorization to file a home rule petition authorizing the City of Leominster to grant one (1) additional All Alcohol Pouring License to be issued only in conjunction with a redevelopment project. C-100 Dean J. Mazzarella, Mayor: Request authorization to file a home rule petition authorizing the City of Leominster to grant one (1) additional All Alcohol Pouring License to be issued only in conjunction with a redevelopment project. C-101 Dean J. Mazzarella, Mayor: Request authorization to file a home rule petition authorizing the City of Leominster to grant one (1) additional All Alcohol Pouring License to be issued only to downtown establishments and only in conjunction with a redevelopment project. C-102 Dean J. Mazzarella, Mayor: Request authorization to file a home rule petition authorizing the City of Leominster to grant one (1) additional All Alcohol Pouring License to be issued only to downtown establishments and only in conjunction with a redevelopment project. Upon recommendation of the LEGAL AFFAIRS COMMITTEE the following PETITION was AMENDED and GRANTED AS AMENDED.. Vt. 8/0 Amended by changing the words “By law” to “Ordinance”, and “2,000” to “1,000” and to delete the words “playground or anywhere children regularly gather”. Prior to amendment a motion to vote on this petition tonight was defeated. Vt. 4/4; Councillors Chalifoux-Zephir, Dombrowski and Salvatelli opposed. 33-10 Gennaro Coscia: Enact a City Ordinance that would prohibit all Level 2 and 3 sex offenders from living within 1,000 feet of a school. 6 REGULAR MEETING OF THE CITY COUNCIL, JUNE 28, 2010, continued Upon request of the LEGAL AFFAIRS COMMITTEE the following PETITION was given FURTHER TIME. Vt. 8/0. A hearing is set for July 12, 2010 at 7:00 P.M. 61-10 David R. Cormier, Robert Salvatelli, David Rowlands, James Lanciani Jr., Richard M. Marchand and Wayne A. Nickel: Move and extend the existing Residence A zoning line to include the following parcels: Map 246, Parcels 7, 4, 3, 2, 1, 8, 15 and Map 244 Parcels 1A, 2A. Upon recommendation of the LEGAL AFFAIRS COMMITTEE the following PETITIONS were GRANTED. Vt. 8/0 62-10 Edward Cataldo: Amend Section 13-91A(c) of the Leominster City Ordinances entitled “Unregistered Motor Vehicles” to include the Building Inspector of the City of Leominster as an enforcement agent. 63-10 Dean J. Mazzarella, Mayor: Update the current fee schedule for Weights and Measures. Upon recommendation of the CITY PROPERTY COMMITTEE the following PETITION was GRANTED. Vt. 8/0 64-10 Kelly A. Woodland, Mayoral Aide: Accept a gift from Central Flag & Gift of thirteen brackets for flags and one 5’x 8’ flag. Upon recommendation of the WAYS & MEANS COMMITTEE the following COMMUNICATION was DENIED. Vt. 8/0 C-106 Dean J. Mazzarella, Mayor: Amend Section 16-31 (d) of the Revised Ordinances entitled “Method of Step Advances” to eliminate advancement to the next scheduled step rate for Fiscal Year 2011 for those employees in the “S” classification plan. Upon recommendation of the WAYS & MEANS COMMITTEE the following PETITION was GRANTED. Vt. 8/0 65-10 Wayne A. Nickel: Amend the City Council’s Rules and Procedure #10 allowing for reconsideration of a vote at the next meeting. Upon recommendation of the WAYS & MEANS COMMITTEE the following APPOINTMENTS were CONFIRMED. 8 “yeas” Office of Emergency Management – Admin Unit -Melissa Bois Auxillary Police -Matthew Perkins, Pedro Ruiz Leominster Fire Department, Firefighters – Andrew Ciprotti, Jeremy Murphy, Jonathan Campagna, James Cameron, Steven Provencher, Derek Ranno, Paul Apollonio Leominster Fire Department, Lieutenant – Audra Brown The following ORDINANCE was read once, ADOPTED as presented and ordered published. A hearing was set for July 12, 2010 at 6:30 P.M. Vt. 8 “yeas” 1st Reading Ordinance - Amend Chapter 4 of the Revised Ordinances entitled “Buildings” by inserting a new section 4-2.11 Demolition Delay. The following LOAN ORDER was read once, ADOPTED as presented and ordered published. A hearing was set for July 26, 2010 at 6:45 P.M. Vt. 8 “yeas” 1st Reading Loan Order – that the sum of $42,400,000.00 be expended under the direction of the School Building Committee, to pay cost of remodeling, reconstructing and make extraordinary repairs to Leominster High School located at 122 Granite Street and for the payment of any and all other costs incidental and related thereto. This project would materially extend the useful life of the school and preserve an asset that otherwise is capable of supporting the educational program for which the City may be eligible for a school construction grant from the Massachusetts School Building Authority (“MSBA”); that to meet said appropriation the Treasurer, with the approval of the Mayor, is authorized to borrow said sum under M.G.L. Chapter 44, or any other enabling authority; that the City acknowledges that the MSBA grant program is a non-entitlement discretionary program based on need, as determined by the MSBA, and any project costs the City incurs in excess of any grant approved by and received from the MSBA shall be the sole responsibility of the City; provided further that any grant that the City may receive from the MSBA for the Project shall not exceed the lesser or (1)[72.01] percent ([72.01%]) of eligible, approved project costs, as determined by the MSBA, or (2) the total maximum grant amount determined by the MSBA, and that the amount of borrowing authorized pursuant to this vote shall be reduced by any grant amount set forth in the Project Funding Agreement that may be executed between the City and the MSBA. MEETING ADJOURNED AT 11:20 P.M. _____________________________ Lynn A. Bouchard, City Clerk and Clerk of the City Council

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