City Council

HEARINGS BEFORE THE CITY COUNCIL, JUNE 27, 2011 Hearing opened at 6:45 P.M. with Councillor Salvatelli, Chair of the Finance Committee, presiding. All members were present. The following COMMUNICATIONS were the subject of the hearing: C-90 Relative to the appropriation of $100,077,000.00 to the City of Leominster General Fund Fiscal Year 2012 Budget; same to be raised by Fiscal Year 2012 Revenue. C-91 Relative to the appropriation of $4,925,000.00 to the Water Department Fiscal Year 2012 Budget; same to be raised by Fiscal Year 2012 Water Department Estimated Receipts as authorized by Chapter 44, Section 53E of the Massachusetts General Laws. C-92 Relative to the appropriation of $3,775,000.00 to the Sewer Department Fiscal Year 2012 Budget; same to be raised by Fiscal Year 2012 Sewer Department Estimated Receipts as authorized by Chapter 44, Section 53E of the Massachusetts General Laws. Phil Porter of 125 Wilder Road said he is in favor of the Communications. He asked if budgets were reasonable before, why not this one? He said the cause for the increase is from the net reduction in State funding. Councillor Salvatelli read a letter that was sent to Councillor Rowlands from Frank Montolio dated June 27, 2011. Since I cannot attend tonight's meeting to voice my support of the proposed budget cuts I offer this communication to do so. Please feel free to read it at the meeting if it is appropriate. As you may remember I have in the past spoke frequently of the burden that has been placed on the taxpayers with annual property tax increases in addition to other increases in fees for services and water and sewer increases. Such increases were always justified with such logic as "without increases we have to lay off people" - or - "we will have to cut needed services" - or - "we are only talking about pennies per week". I have always believed, and continue to believe, that other choices are available. Over the past 20 - 30 years Leominster has enjoyed a tremendous increase in it's tax base. Our geographic location and available work force have placed us in a very marketable position for growth. And yet in spite of that growth we have seen annual tax increases on a fairly consistent basis. It is not uncommon during years of prosperity to develop some careless spending habits. And, I believe that we have. It is in those areas that we should focus and implement cuts. And if, indeed, it means eliminating a position no longer needed then that position should be eliminated. With proper planning it can be done without personnel cuts. (It could be done thru natural attrition or reassigning a position to another department.) Several years ago I addressed the council at budget time and urged you to consider the need for fiscal responsibility. I mentioned the pending potential for bankruptcy of many municipalities and states throughout our great land. That has become a reality. But let me give you a recent significant example. The Town of Mashpee, on the cape, recently disclosed the pending liability for UNFUNDED benefits due town employees. It was stated publicly by a town official that by the year 2022+/- the annual liability for unfunded benefits would exceed the current annual town budget of 39 million dollars. How will it be possible for taxpayers in that community deal with that issue? Are we headed in that direction? Are we doing all that is in our power to prevent such an occurrence here? I, therefore, urge this council to send a strong message to the mayor to utilize the free service offered by the DOR by requesting a financial review. It is a win - win - situation. If indeed we are in the strong financial position the mayor tells us we are it will be reiterated in the review and the mayor will receive many kudos, as he should, for doing such a great job. If there are areas that could be improved on, why would we not want to know that? In closing let me say that Rome was not built in a day. Neither was the tax burden on the taxpayers. The burden is a cumulative event over a period of time with annual raises justified as only "a nickel or a dime" and therefore not burdensome to the taxpayer. Let us employ the same logic with "nickel and dime" decreases. They likewise will not be a burden to the city. Frank Montolio 168 Stuart Ave Leominster, Ma. No one in the audience spoke in opposition. No Councillors spoke. HEARING ADJOURNED AT 7:02 P.M. ______________________________ Lynn A. Bouchard, City Clerk and Clerk of the City Council  2 REGULAR MEETING OF THE CITY COUNCIL, JUNE 27, 2011 Meeting was called to order at 7:30 P.M. Attendance was taken by a roll call vote; all members were present. The following COMMUNICATION was received, referred to the FINANCE COMMITTEE and given REGULAR COURSE. C-108 Relative to the appropriation of $1,100,419.00 to the Street Resurfacing Expense Account; same to be transferred from the Highway State Aid Reserved for Appropriation Account. The following COMMUNICATION was received under SUSPENSION OF THE RULES 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-109 Relative to the appropriation of $8,800.00 to the Municipal Building Maintenance Expense Account; same to be transferred from the Excess and Deficiency Account. ORDERED: - that the sum of Eight Thousand Eight Hundred Dollars ($8,800.00) be appropriated to the Municipal Building Maintenance Expense Account; same to be transferred from the Excess and Deficiency Account. RE: Roof on the Gazebo at Carter Park The following PETITION was received, referred to the LEGAL AFFAIRS COMMITTEE, given REGULAR COURSE and referred to the Planning Board. A hearing was set for August 8, 2011 at 7:00 P.M. 75-11 Chris Caputo: Rezone the land located at 7 Prospect Street from Residence A and Business B to Commercial. The following PETITION was received, referred to the LEGAL AFFAIRS COMMITTEE and given REGULAR COURSE. 76-11 Aaron F. Kennedy, Leominster Police Dept.: Place “No Parking Between Signs” in front of 11 Notre Dame Street; 281 feet from Arlington Street, west of the catch basin and 313 feet from Arlington Street in the area of Pole #2. The following PETITION was received, referred to the LEGAL AFFAIRS COMMITTEE, given REGULAR COURSE and referred to the Police Department. 77-11 Jordan Grondell: Request “Go Children Slow” signs at the end of Posco Avenue, Rustic Drive and Thayer Street and that the two-way stop signs at the intersection of Rustic Drive/Smith Street and Thayer Street/Smith Street be converted to four-way stop signs. The following APPOINTMENTS were received, referred to the WAYS & MEANS COMMITTEE and given REGULAR COURSE. The Chairman of the Ways & Means Committee requested an interview with the Human Resource Director at the next meeting. He asked the Councillors if they have any questions they wanted answered that night to send the questions to him prior to the meeting so he can forward them to the Human Resource Director. Human Resource Director – John W. Harmon – term to expire May 10, 2014 Emergency Management –Rescue Unit – Gerald Phelan, Jr. Communications Unit – Timothy Wortley EMS Unit – Richard Kinney Jr. Library Board of Trustees – terms to expire April 15, 2014 Mark Bodanza, Susan Chalifoux-Zephir Cable TV Advisory Board – Anthony DiBenedetto - term to expire April 15, 2013 Historical Commission/Alternate Member – John Proietti – term to expire April 15, 2014 RE - APPOINTMENTS Board of Appeals – Alternates – terms to expire April 15, 2012 Paul Romano, Michael Ciccolini Board of Appeals – terms to expire April 15, 2014 Joseph Tocci, Stephen A. DeCarolis Cable TV Advisory Board – terms to expire April 15, 2013 Carl A. Piermarini, Benjamin Levy, Kevin Fitzpatrick, Rosemary Bracani, Eugene Capoccia,  3 REGULAR MEETING OF THE CITY COUNCIL, JUNE 27, 2011, continued Conservation Commission – terms to expire April 15, 2014 Kelley M. Freda, Gregory Day Cultural Council –term to expire April 15, 2014 Rosalyn M. Navaroli Historical Commission – terms to expire April 15, 2014 David Chester, Leon Christoforo, Rocco Palmieri Doyle Field Commission – terms to expire April 15, 2014 Patrick LaPointe, Ernest L. Rooney Library Board of Trustees – term to expire April 15, 2014 Nancy Hicks Planning Board – terms to expire April 15, 2014 Carol Vittorioso, David DiGiovanni Recreation Commission – terms to expire April 15, 2014 Lionel A. Charpentier, Douglas Cormier, Patricia Caisse Forest Warden – term to expire April 15, 2012 Paul Kennedy Insect & Pest Control – term to expire April 15, 2012 Ralph Persons Supt. Gypsy & Brown Tail Moths - term to expire April 15, 2012 Ralph Persons Sealer of Weights & Measurers – term to expire April 15, 2012 Joseph Quinn Weigher of Beef – term to expire April 15, 2012 Michael Ciccolini Veterans Burial Agent - term to expire April 15, 2012 Richard Voutour Veterans Care of Graves - term to expire April 15, 2012 Claude Poirier Councillor Robert Salvatelli, 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) $ 580,092.12 Stabilization Account $11,085,701.82 Emergency Reserved Account $ 243.00 Upon recommendation of the FINANCE COMMITTEE the following COMMUNICATION was GRANTED and ORDERED. Vt. 9 “yeas” C-85 Relative to the appropriation of $1,200.00 to the Cemetery Expense Account; same to be transferred from the Emergency Reserve Account. ORDERED:- that the sum of One Thousand Two Hundred Dollars ($1,200.00) be appropriated to the Cemetery Expense Account; same to be transferred from the Emergency Reserve Account. A recess was called at 8:37 P.M. to allow with the Mayor and the Comptroller to speak regarding the budget. The meeting reconvened at 9:42 P.M. A motion was made by Councillor Cormier and second by Councillor Chalifoux Zephir to cut line 36 in the budget by $55,000.00. The motion was defeated by 4 “yeas” and 5 “nays”, Councillors Salvatelli, Marchand, Lanciani, Nickel and Freda opposed. Upon recommendation of the FINANCE COMMITTEE the following COMMUNICATION was GRANTED and ORDERED. Vt. 7 “yeas” and 2 “nays”; Councillors Chalifoux Zephir and Dombrowski opposed. Councillors Nickel and Cormier abstained from the Fire Department portion of the vote due to possible conflict of interest. Councillors Cormier and Marchand abstained from the School Department portion of the vote due to possible conflict of interest. Councillor Lanciani abstained from the Montachusett Home Care portion of the vote due to possible conflict of interest. C-90 Relative to the appropriation of $100,077,000.00 to the City of Leominster General Fund Fiscal Year 2012 Budget; same to be raised by Fiscal Year 2012 Revenue. ORDERED: - that the sum of One Hundred Million Seventy Seven Thousand Dollars ($100,077,000.00) be appropriated to the City of Leominster General Fund Fiscal Year 2012 Budget; same to be raised by Fiscal Year 2012 Revenue.  4 REGULAR MEETING OF THE CITY COUNCIL, JUNE 27, 2011, continued Upon recommendation of the FINANCE COMMITTEE the following COMMUNICATIONS were GRANTED and ORDERED. Vt. 6 “yeas” and 2 “nays”; Councillors Dombrowski and Rowlands opposed. Councillor Chalifoux Zephir abstained due to a possible conflict of interest. C-91 Relative to the appropriation of $4,925,000.00 to the Water Department Fiscal Year 2012 Budget; same to be raised by Fiscal Year 2012 Water Department Estimated Receipts as authorized by Chapter 44, Section 53E of the Massachusetts General Laws. ORDERED: - that the sum of Four Million Nine Hundred Twenty Five Thousand Dollars ($4,925,000.00) be appropriated to the Water Department Fiscal Year 2012 Budget; same to be raised by Fiscal Year 2012 Water Department Estimated Receipts as authorized by Chapter 44, Section 53E of the Massachusetts General Laws. C-92 Relative to the appropriation of $3,775,000.00 to the Sewer Department Fiscal Year 2012 Budget; same to be raised by Fiscal Year 2012 Sewer Department Estimated Receipts as authorized by Chapter 44, Section 53E of the Massachusetts General Laws. ORDERED: - that the sum of Three Million Seven Hundred Seventy Five Thousand Dollars ($3,775,000.00) be appropriated to the Sewer Department Fiscal Year 2012 Budget; same to be raised by Fiscal Year 2012 Sewer Department Estimated Receipts as authorized by Chapter 44, Section 53E of the Massachusetts General Laws. Upon request of the FINANCE COMMITTEE the following COMMUNICATIONS were RATIFIED. Vt. 9 “yeas” Granted with an Emergency Preamble on June 13, 2011; another vote required. C-93 Relative to the appropriation of $1,550.00 to the Conservation Commission Expense Account; same to be transferred from the Excess and Deficiency Account. C-94 Relative to the appropriation of $20,000.00 to the Veterans Department Expense Account; same to be transferred from the Excess and Deficiency Account. Upon recommendation of the FINANCE COMMITTEE the following COMMUNICATION was GRANTED and ORDERED. Vt. 7 “yeas” and 2 “nays; Councillors Nickel and Cormier opposed. C-95 Relative to the appropriation of $45,697.00 to the Cemetery Department Salary & Wages Account; same to be transferred from the Cemetery Perpetual Care Income Trust Fund. ORDERED:- that the sum of Forty Five Thousand Six Hundred Ninety Seven Dollars ($45,697.00) be appropriated to the Cemetery Department Salary & Wages Account; same to be transferred from the Cemetery Perpetual Care Income Trust Fund. RE: Fiscal Year 2012- Laborer $32,197.00 Clerk $13,500.00 Upon recommendation of the FINANCE COMMITTEE the following COMMUNICATIONS were GRANTED and ORDERED. Vt. 9 “yeas” C-96 Relative to the appropriation of $61,000.00 to the Gallagher Building Expense Account; same to be transferred from the Gallagher Building Revolving Fund. ORDERED: - that the sum of Sixty One Thousand Dollars ($61,000.00) be appropriated to the Gallagher Building Expense Account; same to be transferred from the Gallagher Building Revolving Fund. C-97 Relative to the appropriation of $51,226.00 to the Gallagher Building Salary & Wages Account; same to be transferred from the Gallagher Building Revolving Fund. ORDERED: - that the sum of Fifty One Thousand Two Hundred Twenty Six Dollars ($51,226.00) be appropriated to the Gallagher Building Salary & Wages Account; same to be transferred from the Gallagher Building Revolving Fund. C-98 Relative to the appropriation of $200,000.00 to the Fiscal Year 2012 Worker’s Compensation Loss Fund; same to be transferred from the various prior year Worker’s Compensation Loss Funds as listed: FY 2009 $100,000.00 FY 2008 $ 75,000.00 FY 2007 $ 25,000.00 ORDERED:- that the sum of Two Hundred Thousand Dollars ($200,000.00) be appropriated to the Fiscal Year 2012 Worker’s Compensation Loss Fund; same to be transferred from the various prior year Worker’s Compensation Loss Funds as listed. FY 2009 $100,000.00 FY 2008 $ 75,000.00 FY 2007 $ 25,000.00  5 REGULAR MEETING OF THE CITY COUNCIL, JUNE 27, 2011, continued Upon recommendation of the FINANCE COMMITTEE the following COMMUNICATION was GRANTED and ORDERED. Vt. 8 “yeas” and 1 “nay”, Councillor Rowlands opposed. C-99 Relative to the appropriation of $4,100.00 to the I.T.T.F. Expenses; same to be transferred from the Excess and Deficiency Account. ORDERED: - that the sum of Four Thousand One Hundred Dollars ($4,100.00) be appropriated to the I.T.T.F. Expense Account; same to be transferred from the Excess and Deficiency Account. Upon recommendations of the FINANCE COMMITTEE the following COMMUNICATIONS were GRANTED and ORDERED. Vt. 9 “yeas” C-100 Relative to the appropriation of $1,500.00 to the Building Inspector 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 Building Inspector Expense Account; same to be transferred from the Excess and Deficiency Account. C-101 Relative to the appropriation of $21,000.00 to the Highway Capital Outlay Expense Account; same to be transferred from the Snow & Ice Overtime Expense Account. ORDERED: - that the sum of Twenty One Thousand Dollars ($21,000.00) be appropriated to the Highway Capital Outlay Expense Account; same to be transferred from the Snow & Ice Overtime Expense Account. C-102 Relative to the appropriation of $30,000.00 to the Highway Capital Outlay Expense Account; same to be transferred from the Snow & Ice Expense Account. ORDERED: - that the sum of Thirty Thousand Dollars ($30,000.00) be appropriated to the Highway Capital Outlay Expense Account; same to be transferred from the Snow & Ice Expense Account. C-103 Relative to the appropriation of $192,000.00 to the Highway Capital Outlay Expense Account; same to be transferred from the Excess and Deficiency Account. ORDERED: - that the sum of One Hundred Ninety Two Thousand Dollars ($192,000.00) be appropriated to the Highway Capital Outlay Expense Account; same to be transferred from the Excess and Deficiency Account. C-104 Relative to the appropriation of $600,000.00 to the Fire Department Capital Outlay Expense Account; same to be transferred from the Excess and Deficiency Account. ORDERED: - that the sum of Six Hundred Thousand Dollars ($600,000.00) be appropriated to the Fire Department Capital Outlay Expense Account; same to be transferred from the Excess and Deficiency Account. C-105 Relative to the appropriation of $58,000.00 to the Recreation Department Capital Outlay Expense Account; same to be transferred from the Excess and Deficiency Account. ORDERED: - that the sum of Fifty Eight Thousand Dollars ($58,000.00) be appropriated to the Recreation Department Capital Outlay Expense Account; same to be transferred from the Excess and Deficiency Account. RE: Recreation Facility Improvements C-106 Relative to the appropriation of $12,300.00 to the Recreation Department Capital Outlay Expense Account; same to be transferred from the Excess and Deficiency Account. ORDERED: - that the sum of Twelve Thousand Three Hundred Dollars ($12,300.00) be appropriated to the Recreation Department Capital Outlay Expense Account; same to be transferred from the Excess & Deficiency Account. Upon recommendation of the LEGAL AFFAIRS COMMITTEE the following PETITION was GRANTED. Vt. 9/0 73-11 Claire Freda: Adopt Chapter 39, Section 23D in the Acts of 2006 entitled “An Act Further Regulating Meetings of Municipal Boards”. Upon recommendation of the WAYS & MEANS COMMITTEE the following COMMUNICATION was GRANTED. Vt. 9/0 C-107 Dean J. Mazzarella, Mayor: Authorize the City of Leominster to pursue $26,783.00 through the United States Department of Justice – Justice Assistant Grant Program (JAG). Upon recommendation of the WAYS & MEANS COMMITTEE the following PETITION was DENIED. Vt. 7/2; Councillors Chalifoux Zephir and Freda opposed. 74-11 Xiaojun Liu: Grant a Hawkers and Peddlers License to sell educational books door to door in the City through August 10, 2011.  6 REGULAR MEETING OF THE CITY COUNCIL, JUNE 27, 2011, continued Upon recommendation of the WAYS & MEANS COMMITTEE the following APPOINTMENTS were CONFIRMED. 9 “yeas” 2011 – 2012 Election Officers WARD 1A Party WARD 1B Party Warden U Nicholas Donfro Warden D Margaret Woovis Clerk U Janice Donfro Clerk U James Woovis Inspector U Melanina Arpano Inspector U Mary L. Barron Inspector U Jeannita Gaudet Inspector U May Laventure Inspector D Paul Janda Inspector U Mary Golas Inspector U Chris Chiumento Inspector U Spyleos Regopoulos Inspector L Kathleen Kaldis Inspector R Betsey McPhee Inspector U Annette Keating Inspector D Beatrice Robichaud Dep. Insp. R Joan Nowlin Thompson Dep. Insp. U Elaine Hupfeld Dep. Insp. U Philena Richards Dep. Insp. U Sandra L. Ricci WARD 1C Party Warden U Priscilla Regopoulos WARD 2A Party Clerk D Anne Lucier Warden U Joanne Anderson Inspector U Barbara Lanza Clerk U Kelly Lyddy Inspector D Elizabeth Buchanan Inspector D Ruth Mullahy Inspector D Janice LeDuc Inspector D Ida Kendall Inspector U Anne Kastal Inspector D Jean Tessier Inspector U Estelle Parmeter Inspector U Barbara Lanza Inspector U Jeanne Jekanowski Inspector D Maria Tineo Handicap U Jeremiah Greene Inspector R Milagros Vazquez WARD 2B Party WARD 2C Party Warden D Andrea Freeman Warden U Dennis M. Lyddy Clerk U Nilah Gerhard Clerk U Amelia Piermarini Inspector U Theresa Gizzi Inspector U Jean Morel Inspector U Gina Polack Inspector U Elizabeth Crawley Inspector U Paula Harvey Inspector D Anna McCarthy Inspector U R. Jeannette Chambers Inspector U Rita Souliere Inspector D Claire M. Babineau Inspector U Marie J. Sharrigan Inspector R Geraldine Quinn Inspector U David Henshaw Dep. Insp. D Claire M. Lincoln WARD 3A Party Warden D Kathleen Haskell WARD 3B Party Clerk U Karen Fregeau Warden U David Dube Inspector R Anne Marie Barba Clerk D William Ryan Inspector U Lucy Ciccolini Inspector U Deanne Comeau Inspector D Germaine Vincent Inspector U Gail Cunningham Inspector D Beverly Amedio Inspector D Katherine Saunders Inspector U Norma Surovich Inspector U Michael Saucier Inspector D Lorraine Leger Inspector U Nancy Saucier Dep. Insp. D Dorothy Comeau Inspector U Caroline Perla Dep. Insp. U Karen J. McNall Dep. Insp. U Nancy Koski Dep. Insp. R Linda C. Kinsey Dep. Insp. U Kathleen Lamb Dep. Insp. R Constance Cardoza WARD 3C Party WARD 4A Party Warden U Louise Comeau Warden R Janet Baron Clerk U Victoria Lanides Clerk U Joyce LaFleur Inspector U Nancy McCarthy Inspector U Phyllis DelGiudice Inspector D Madeline L'Ecuyer Inspector U Linda Vezina Inspector U Maryann Bonneau Inspector U Arnold Baron Inspector U Ruth Barrows Inspector U Rosalie LaManna Inspector D Barbara Aubuchon Inspector D Janet Flanagan Inspector D Diana D. Giannetti Inspector U Magella Jackson Dep.Insp U Todd Rousseau Dep. Insp U Carol VivoAmore Dep. Insp. U Julia Bessey Dep. Insp U Joanne Petrica Dep. Insp. D Georgette Rainville Dep. Insp U Laura Sykes Handicap U Jeffrey L. Rosenberg Dep. Insp U Patricia Harvie Dep. Insp U Bradford Hager Dep Insp D Violet Racine Dep Insp U Stephen Bahde Handicap U Susan Sweeney WARD 4B Party WARD 4C Party Warden R Janet Parker Warden U Karen Fusco Clerk U Birdie Siciliano Clerk D Elizabeth Denis Inspector D Louise DiPalma Inspector U Marylou Kurtz Inspector R Joan Nicholson Inspector D Mary Piermarini Inspector U Patricia Corriea Inspector U Nancy Hicks Inspector D Patricia Pinder Inspector U Maureen Jennings Inspector D Pearl Masciangioli Inspector U Maureen Jennings Inspector U Mildred Porell Inspector U Maureen Angelini Dep. Insp. U Ida Bourque Inspector U Anna Mikels Dep. Insp. U Teresa Ramos Dep Insp U Linda Guidi Dep. Insp. U Gerald R. LeBlanc Handicap D John Isaac Going  7 REGULAR MEETING OF THE CITY COUNCIL, JUNE 27, 2011, continued WARD 5A Party WARD 5B Party Warden U Cynthia Henderson Warden R Donald Piermarini Clerk U Leslie Tobin Clerk D Beverly Lemieux Eleanora Inspector R Marilyn Carter Inspector D Bissonnette Inspector R Chester Carter Inspector U Gloria Gerry Inspector U Therese M. Tobin Inspector U David Henderson Inspector D Mary Chalifoux Inspector U Doris DeCicco Inspector U Gail Purretta Inspector D Sharlene Aubuchon Inspector U Therese Lomme Inspector U Bessie Lindsay Dep. Insp. U Lucille Arsenault Dep. Insp. D Kathleen Bryant Dep.Insp. U Thomas Bosselait Dep. Insp. U Denise Lamkin Dep.Insp. D Marie Blondin Dep. Insp. D Phyllis Johnson Dep Insp. D Madeline Marcoux Dep. Insp. U Gail Duplease Dep.Insp. D Mary Gallagher Dep. Insp. D Constance Dufour Dep. Insp. U Diane Eredita Dep. Insp. D Arthur Tunnessen Dep. Insp. D Anthony E. Stelluto WARD 5C Party Dep. Insp. U Charles Hayes Warden U Diane Shepherd Handicap R Benjamin Parker Clerk U Margaret Allen Inspector D Janet Brown Inspector U Rita Thomas Inspector D Marie Chester Inspector U Lisa Holley Inspector U Marta Bahde Inspector U Rosalie O'Donnell Dep Insp. U Tina Wright The following ORDINANCE was read a second time and given FURTHER TIME. Vt. 9 “yeas”A hearing is set for July 11, 2011 at 7:00 P.M. 2nd Reading Ordinance- Amend Section 14-20 of the Revised Ordinances entitled “Sex Offender Residency Restrictions” by changing from 1,000 feet to 1,250 feet the area around a school that a Level 2 and Level 3 sex offender is prohibited from residing in. Under Old Business, Councillor Freda, Chair of the Water & Sewer Oversight Committee, said the timeline for the Consent Order it is very close. We are online right now but there may be a 3-4 month delay with the residual line due to the weather. She said at Notown in order to do the clarification unit for the removal of the raw water before it goes into the plant, the line has to be put in for the disposal of the sludge. She said to install the lines they have to take other things off line. She said Mr. LaPointe was not there so she could not get a definite answer as to where we can meet with them. She said the results of the other testing will be done at the end of the month. She said Mr. Brooks was to meet with DEP this week to see if they would grant them an extension for a couple of months to complete the work. She is still trying to confirm a meeting with the both of them. Councillor Rowlands said he believes there was a substantial fine for not making the deadline so that is probably why they are going to the DEP to get the extension. Councillor Freda said she is sure that the fine is part of it but not the whole case. She said we have had bad weather and a ton of issues that could possibly pose a delay. Councillor Rowlands, Chair of the Presidents Zoning Committee, said there is a committee meeting Wednesday, June 29, 2011 at 6:00 P.M. He said the topic of discussion will be mixed use. He said they met with Mr. Mullaney and went through 2 ½ pages of his comments which was a tremendous amount of work on his part and asset to the City. In reviewing the document, he found numerous issues and concerns that he raised. Councillor Rowlands said he is putting together a single document where he is collecting all the information that they have. He said the goal after July 4th week is to meet on a weekly basis every Wednesday. Upon recommendation of the LEGAL AFFAIRS COMMITTEE, The following RESOLUTION was ADOPTED. Vt. 9 “yeas” RESOLUTION – Adoption of G.L. C39, Section 23D- An Act Further Regulating Meetings of Municipal Boards RESOLVED: Be it Resolved by the City Council of the City of Leominster that the City accept, and hereby does accept, for all boards, committees or commissions holding adjudicatory hearings in the City, the provisions of G.L. c 39, §23D, which provide that a member of a board, committee, or commission holding an adjudicatory hearing shall not be disqualified from voting in the matter solely due to the member’s absence from one session of such hearing, providing that certain conditions are met. ________________________ Councillor Rowlands, Chair of the LEGAL AFFAIRS COMMITTEE, moved that the following PETITION be removed from the table and placed on the calendar for action. It was so voted 9/0. Committee reports as follows: 43-11 Richard M. Marchand: Endorse a change to the language in the pending zoning legislation to amend “Table of Uses – Generally Permitted Uses” subsection 16.5.1.2 to read “No more than four (4) lodgers or boarders except in Residence B and C. All boarding/lodging houses need a special permit from the Planning Board.” FURTHER TIME. Vt. 9/0 MEETING ADJOURNED AT 11:08 P.M. _____________________________ Lynn A. Bouchard, City Clerk  8 and Clerk of the City Council