City Council

HEARING BEFORE THE CITY COUNCIL, NOVEMBER 28, 2011 Hearing opened at 6:30 P.M. with Councillor Rowlands, Chair of the LEGAL AFFAIRS COMMITTEE, presiding. All members were present except Councillor Marchand. The following ORDINANCE was the subject of the hearing: Relative to amending Chapter 1 of the Revised Ordinances entitled “General Provisions” by deleting Section 1- 11 in its entirety and inserting in its place a new Section 1-11 entitled “Wards and Precincts”. No one in the audience spoke in favor or in opposition of this Ordinance. No Councillors spoke. HEARING ADJOURNED AT 6:31 P.M. _____________________________ Lynn A. Bouchard, City Clerk and Clerk of the City Council HEARING BEFORE THE CITY COUNCIL, NOVEMBER 28, 2011 Hearing opened at 6:32 P.M. with Councillor Rowlands, Chair of the LEGAL AFFAIRS COMMITTEE, presiding. All members were present except Councillor Marchand. The following PETITION was the subject of the hearing: 16-12 Joe Couture for MLMT 2006-C2 Mall at Whitney Field: Grant a Special Permit to restore a section of eroded river dyke located along the Nashua River at the Mall at Whitney Field as shown on Assessor’s Map 567 as lots 12, 2C, 5, 13, 19 located within the floodplain. Introduced and made part of the record were the following: A. Petition #16-12 submitted by Joseph Couture, on behalf of Elizabeth Kelley, Vice President of MLMT 2006-C2/ Mall At Whitney Field, with accompanying plan prepared by Brian F. Milisci, Professional Engineer, Whitman & Bingham Associates, 510 Mechanic Street, Leominster, Massachusetts, entitled “Proposed Dike Restoration Plan for the Mall At Whitney Field in Leominster, Massachusetts” dated September 30, 2011, along with an Abutter’s List and map. B. Notice of public hearing published in the Sentinel & Enterprise on November 7, 2011 and November 14, 2011. C. Positive letters of recommendations from the Health Inspector, Planning Board, Director of Inspections, and the Department of Public Works. D. A letter from the Conservation Commission supporting the project and suggesting that the mall develop a long term management plan to perform ongoing maintenance to assure stability of the dyke. Conditions set by the Conservation Commission are: 1) 48 hour notice to Commission prior to work beginning 2) Perform work during low flow period 3) Provide As-built plan upon completions. Mr. Cleaves said they are before the Council for a Special Permit for work is in the flood plain to restore an eroded portion of the existing dike along the Nashua River and Commercial Drive. The work is taking place about 95 linear feet along the bank. He said if you are driving from Mechanic Street; go pass Home Depot, cross the little bridge over the Monoosnoc Brook and on the right there is a little widening of the pavement before you take the turn towards J.C. Penney, that is the area on the back side of the dike to where the work is located. The proposed work is going to consist of putting in clean fill to restore the bottom of the bank, which has eroded away along the Nashua River, putting in rip rap stone 2-3 foot in diameter with some smaller stones in between to lock it in place along with some filter fabric underneath and the top section of the dike will be loamed and seed with erosion control blankets. He said to keep the water of the Nashua River out of the work area they are proposing to put in super saks filled with sand. This is very similar to what has been done the last couple of years to repair other sections of the dike area. Councillor Rowlands said what about the time frame and holiday traffic. Mr. Cleaves said they need the approval first. They want to get in there as soon as possible before spring rains come and cause any further erosion. He says he doesn’t expect to be out there until after the first of the year, as long as the weather holds up. Councillor Rowlands said there was mention of cutting and clearing of trees, is that a problem along that whole river bank that it needs to be maintained and are the trees weakening that? Mr. Cleaves said he doesn’t think it has caused it yet but it is a concern. One of Ms. DiNardo’s comments was to come up with a plan to help cut back some of that growth. He said they mow and cut the front side of the mall and now they are looking to try and get in and clear some of the woody growth on the river side as well. It can cause problems long term and what is happening here is it is in a spot where there is a bend in the river and there is one erosion after another and has compounded itself. He said  2 HEARING BEFORE THE CITY COUNCIL, NOVEMBER 28, 2011, continued it is a long term goal to improve and clear the woody growth and come back with a long term maintenance plan to clear some of that. Councillor Chalifoux Zephir asked if they are in the process of developing a long term management plan? Mr. Cleaves said yes. Right now this is a section we have determined that is currently eroding and needs to be addressed as soon as possible. As part of that we are cleaning growth in the work area. To help aid inspections and prevent possibly erosion of the slope along that whole stretch we are working with the mall to come up with a plan to every year or so start cutting back certain sections. They want to file with the Conservation Commission a separate plan so every time they have to go in and cut trees or fix the slope they wouldn’t have to have filing after filing. They are in the process of doing that but it is not completed yet. Councillor Cormier said you mentioned about putting in stone and other things. Is there any there now or has it been swept away? Mr. Cleaves pointed out on a map the old stone and the new stone from a repair that was done two years ago and still holding. The map is on file in the City Clerk’s office. Councillor Nickel asked what percentage of the work would be done in terms of the long term plan. Mr. Cleaves said this is it for this type of restoration. From this point forward we will clear vegetation. If we take out some of the larger trees, that might involve some restoration. Next step is to clear back some of the tall grass and brush. Councillor Rowlands said in terms of the erosion, has there been a loss of land or is it fully restored to where it was? Mr. Cleaves said we lost a couple of feet at the bottom of the slope and we will be putting that back what we know was there. No one in the audience spoke in favor or in opposition of this petition. HEARING ADJOURNED AT 6:45 P.M. _____________________________ Lynn A. Bouchard, City Clerk and Clerk of the City Council HEARING BEFORE THE CITY COUNCIL, NOVEMBER 28, 2011 Hearing opened at 7:00 P.M. with Councillor Salvatelli, Chair of the FINANCE COMMITTEE, presiding. All members were present except Councillor Marchand. The following COMMUNICATION was the subject of the hearing: C-11 Relative to determining the factor to be used in setting the Fiscal Year 2012 tax rate. Present at the hearing was Chief Assessor Walter Poirier and Assessor Christopher Paquette. Mr. Poirier said this is the fifteenth tax rate that he has had the privilege to set with the Council. Councillor Salvatelli said you did a very good job with the classification and taxation document that you provided to the City Council. It is easily understood and has interesting facts in it. Councillor Salvatelli said the most startling fact is that in five years the value of the average single family house in Leominster went from $276,000. to $217,700. Mr. Poirier said that is including roughly 28 new single families. If we took that number of new houses out, the average number would be less. He said this was a recertification years which meant the Department of Revenue comes in and reviews our practices, procedures and policies every three years. They physically come in and view what we do and oversee the valuations for that particular year. He said the Bureau of Local Assessment will not allow us to utilize short sales or foreclosures in determining valuation. The sales comparable approach is used primarily in a residential sector because that is a true indication. The commercial/industrial valuations are determined first by an income approach. He said 970 income and expense statements were sent to the improved commercial/industrial properties within the City. He said there was a caveat on them this year that stated “You must respond. If you do not respond there is a penalty of loss of appeal.” That law was changed last year. He said they received more income and expense statements this year than in the last four years combined. There were a lot that did not send them to us. Mr. Poirier said on page 14 of the document there is a breakdown on what happened to values through the revaluation. He said they are assessing values at 92% of market which is a median. They had to use 2 years of sales, calendar year 2009 and 2010 because calendar year 2010 had an insufficient sample. We needed 162 sales and we only had 158 sales. This is the lowest assessment ratio we have ever had. Normally we run assessments at 92-95% of market value. A copy of the booklet is in the City Clerks office.  3 HEARING BEFORE THE CITY COUNCIL, NOVEMBER 28, 2011, continued Mr. Poirier said single families dropped minimally this year about 3½%. A $200,000 home would have dropped roughly $7,000.00 to $193,000. Condominiums dropped about 4%. This is an average. The tax rate is going up 9%. He said they have taken another $110M of value out of the City which represents $1.9M plus in tax dollars that were raised last year. That value isn’t there and has to be raised by the properties that are here now with their values. We are also raising another $1.3M with prop 2½ and another $1M in new growth. Mr. Poirier said last year 2 and 3 families dropped 15-18% especially the 3 families. This year they dropped 4.3%. He said the vacancy rate in multi families are decreasing. He said since people no longer can afford homes, they have to live somewhere. Mr. Poirier said vacant land in the residential sector took the biggest hit which dropped about 16%. Nobody is buying it, nobody wants it. The people who own it are sitting on it and leaving it vacant and not building. He said Mixed Use took a hit as well. Commercial dropped about 4.4% and industrial dropped about 4.8%. Overall it represents roughly $127M of valuation this year. Mr. Poirier said in 2002 we were raising the levy $31M plus this year it will be $53M. That is a 60% increase in ten years. Councillor Salvatelli said you are increasing commercial by 5% but business and industrial went up 15%. Mr. Poirier said we have a new industrial park on upper Central Street this year. There are 15 lots. There are three commercial parcels, Aldi’s and Tractor Supply on Jungle Road. There is a new building on Lancaster Street. Councillor Salvatelli said you mentioned that the percentage of home owners paying taxes are roughly 77%. Mr. Poirier said that is the residential class which would be single family, 2 and 3 families and multi-families. Councillor Salvatelli asked Mr. Poirier to explain to the public what personal property is. Mr. Poirier said you do not have to own a building and it is not attached to a building and is called a personalty. For commercial entities it would be computers or any machinery used in the business. For industrial, if they are a manufacturer, they could be tax exempt from the Department of Revenue. If they are not, all the machinery used in the conduct of business is taxable. An LLC is becoming a very common corporate form now. There have been multiple court cases where the Appellate Court and the SJC have found that LLC’s are not entitled to the corporate discount which means everything that is associated with business, machinery, the furniture and fixtures, any inventory, work in progress or goods in transit are taxable. Councillor Salvatelli said we have given two significant tax breaks this year. Do you have any idea how much in dollars have we given to these businesses? Mr. Poirier said only one out of the two that the Council granted this year is in effect. The one for Tucker Drive is not in effect for this year as the property has not transferred to the entities that were going to receive the TIFF as of July 1st. He said Dixie Consumer is primarily on personal property. There is one more that will go into effect July 1, 2012 which is Bevovation. Councillor Cormier asked what the difference would be if we had a split rate in the City. Mr. Poirier said it is explained in the booklet on page 21. He said the maximum they can split is 1.5. There are four scenarios on that page 5%, 10%, 25% 50% and what that does it takes the taxes away from the residential and puts them on the commercial/industrial. Councillor Cormier asked how he would equivocate that to tax dollars. Mr. Poirier said page 27 that demonstrates that. When you reduce the residential tax rate by $1.00 you’re going to add $3.24 per thousand to the commercial rate. If your average commercial is $700,000.00 you would add on $2,200.00 in taxes. Councillor Rowlands said if you look at the chart on page 21, 10% would be $.50 per thousand which would equate to $50.00 per $100,000.00. So for every $100,000.00 you would reduce the residential by $50.00 for 10%. Councillor Cormier said so if you take the average you’re talking a couple of hundred dollars. Councillor Rowlands said it wouldn’t even be that, it would be $100.00. Mr. Poirier said there are 14,500 parcels that are taxable and over 12,000 of them are residential. We are primarily a residential community. One of the big decreases was in the higher end homes. Councillor Rowlands asked for clarification on page 5, the property type 012-043 shows up in residential, commercial and industrial. Mr. Poirier said what is done is allocations based upon percentage use of each of the uses. We have the ability within the system to assign the percentage to determine use and those uses are allocated. If a split rate was incorporated and adopted those particular parcels would get the dual rate. They would get the percentage of the residential and another higher percentage would be applied to the commercial or industrial portion of their property. Most of those are small businesses that have apartments above, primarily in the core of the City. He said there are some industrial parcels that have single family homes on them. Those are about 10% residential and 90% industrial. Councillor Rowlands said on the exempt value, we basically have $3.1 billion in a total assessed value. He asked if the exempt value is deducted.  4 HEARING BEFORE THE CITY COUNCIL, NOVEMBER 28, 2011, continued Mr. Poirier said no. Councillor Rowlands said in terms of the mall, I know it has gone down in assessed value, are we still on that trend for the mall? Mr. Poirier said all you have to do is take a drive down there and walk around. He said in 2004 they sold it for $84 million on paper, with a note of $71 million. Their tenant structure has gotten less desirable. You are seeing more and more of these temporary stores pop up in this mall. The biggest tenant they lost was Circuit City, then in the same space Ultimate Electronics came in and was paying about 70% less than Circuit City was paying, and they are gone. For Halloween they had a Halloween store. He said the mall is owned by MLMT2006-C2. Mr. Poirier said the Orchard Hill Park mall is all separate pieces and is still pretty viable. The Watertower Plaza anchor store is still there but there are secondary tenants in there now. Michaels, Job Lot and Namco do not pay a lot. Councillor Rowlands we have the similar effect that we had during the housing boom which is homeowners taxes are going up and business taxes are going down. It happened during the housing boom and it happened during the housing slump. Councillor Chalifoux Zephir said the Watertower Plaza lost $7.5 million and you attributed it to that one corner. Mr. Poirier said that is a lot of loss for income. He said remember we valued that building by income approach. They had a vacancy in that building for a while before they filled it with Ocean State Job Lot which was almost three years. That contributed to it greatly. Ocean State Job Lot is paying less per square foot than the prior tenant. Councillor Freda asked what the level of appeal to some of the values? Mr. Poirier said Fiscal Year 10 – 11, we had one individual file over 100 appeals. We went to court with 56 of the 110 appeals and we were fortunate enough to win all 56. We went to court with the mall and lost. Generally we have been averaging 200- 225. The bulk of them are residential. Appellate Tax Board cases average 3-4 year. Mr. Poirier said it cost an awful lot of money to defend the mall. No one in the audience spoke in favor or against this Communication. HEARING ADJOURNED AT 7:50 P.M. _____________________________ Lynn A. Bouchard, City Clerk and Clerk of the City Council REGULAR MEETING OF THE CITY COUNCIL, NOVEMBER 28, 2011 Meeting was called to order at 7:30 P.M. Attendance was taken by a roll call vote; all members were present except Councillor Marchand. The Committee on Records reported that the record through November 9, 2011 were examined and found to be in order. The records were accepted. A recess was called to continue a hearing and to hold a public forum. Meeting reconvened at 7:50 P.M. The following COMMUNICATIONS were received, referred to the FINANCE COMMITTEE and given REGULAR COURSE. C-27 Relative to the appropriation of $17,000.00 to the Parking Meter Expense Account; same to be transferred from the Parking Meter Receipts Reserved for Appropriation Account. C-28 Relative to the appropriation of $5,000.00 to the Parking Meter Salary and Wages Account; same to be transferred from the Parking Meter Receipts Reserved for Appropriation Account. C-29 Relative to the appropriation of $14,000.00 to the Fire Department Expense Account; same to be transferred from the Excess and Deficiency Account. C-30 Relative to the appropriation of $150,000.00 to the Fire Department Overtime Account; same to be transferred from the Excess and Deficiency Account. C-31 Relative to the appropriation of $1,768.00 to the Fire Department Expense Account; same to be transferred from the Emergency Reserve Account. C-32 Relative to the appropriation of $48,000.00 to the Assessor’s Revaluation Expense Account; same to be transferred from the Excess and Deficiency Account.  5 REGULAR MEETING OF THE CITY COUNCIL, NOVEMBER 28, 2011, continued C-33 Relative to the appropriation of $8,500.00 to the Emergency Management Expense Account; same to be transferred from the Excess and Deficiency Account. C-34 Relative to the appropriation of $2,000.00 to the Emergency Management Agency Salary & Wages Account; same to be transferred from the Excess and Deficiency Account. The following PETITIONS were received, referred to the LEGAL AFFAIRS COMMITTEE, given REGULAR COURSE and referred to the School Department. 19-12 Aaron Kennedy, Leominster Police Department: Amend Section 13-88 of the Revised Ordinances entitled “Left turn prohibition” by deleting “Granite Street, eastbound to West Street westbound via cut off” and inserting “Granite Street, eastbound to West Street westbound”. 20-12 Aaron Kennedy, Leominster Police Department: Amend Section 13-34 of the revised ordinance entitled “No parking on certain streets” by changing the no parking restriction on Granite Street, south side from “between the hours of 8:00 A.M. and 5:00 P.M”. to “between the hours of 8:00 A.M. and 1:00 P.M. and 3:00 P.M. and 5:00 P.M.” The following PETITIONS were received, referred to the LEGAL AFFAIRS COMMITTEE and given REGULAR COURSE. A hearing was set for December 12, 2011 at 7:10 P.M. 21-12 Greg Chapdelaine, Purchasing Agent: Rescind the Leominster Ordinance Chapter 2B, Sections 2B-1, 2B-2, 2B-3 and 2B-4, “Preference for city residents on public projects” 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) $ 3,756,136.00 Stabilization Account $ 11,092,716.00 Emergency Reserved Account $ 4,022.00 A recess was called at 8:00 P.M. to talk with the Fire Chief regarding the appointments. Meeting reconvened at 8:03 P.M. Upon recommendation of the FINANCE COMMITTEE, the following COMMUNICATION was GRANTED to adopt a Factor of 1.0. Vt. 8 “yeas” C-11 Relative to determining the factor to be used in setting the Fiscal Year 2012 tax rate. Upon recommendation of the FINANCE COMMITTEE, the following COMMUNICATION was GRANTED and ORDERED. Vt. 8 “yeas” C-25 Relative to the appropriation of $350,012.00 to the Emergency Reserve Account; same to be raised by Fiscal Year 2012 Revenue. ORDERED: - that the sum of Three Hundred Fifty Thousand Twelve Dollars be appropriated to the Emergency Reserve Account; same to be raised by Fiscal Year 2012 Revenue. RE: Additional One Time General Government Unrestricted Aid. Upon recommendation of the FINANCE COMMITTEE, the following COMMUNICATION was RATIFIED. Vt. 8 “yeas” C-26 Dean J. Mazzarella, Mayor: Request that the Snow and Ice Expense Account be authorized to incur liability and make expenditures in FY 2012 in excess of available appropriation in the amount of $700,000.00 as authorized by Massachusetts General Law, Chapter 44, Section 31D. (Granted with an Emergency Preamble on November 14, 2011; another vote is required.) Upon recommendation of the LEGAL AFFAIRS COMMITTEE, the following PETITION was GRANTED WITH CONDITIONS. Vt. 8 “yeas”. The conditions are: 1) 48 hour notice to Commission prior to work beginning 2) Perform work during low flow period 3) Provide As-built plan upon completions. 16-12 Joe Couture for MLMT 2006-C2 Mall at Whitney Field: Grant a Special Permit to restore a section of eroded river dyke located along the Nashua River at the Mall at Whitney Field as shown on Assessor’s Map 567 as lots 12, 2C, 5, 13, 19 located within the floodplain.  6 REGULAR MEETING OF THE CITY COUNCIL, NOVEMBER 28, 2011, continued The Legal Affairs Committee supports the Conservation Commissions’ suggestion that the mall develop a long term management plan to perform ongoing maintenance to assure stability of the dyke. Upon recommendation of the LEGAL AFFAIRS COMMITTEE, the following PETITION was AMENDED and GRANTED AS AMENDED. Vt. 8/0. Amended by changing from “Install a stop sign at Electric Avenue and Main Street” to “Install a stop sign on Main Street facing westbound traffic at the intersection with Electric Avenue/Route 13”. 18-12 David Rowlands: Install a stop sign on Main Street facing westbound traffic at the intersection with Electric Avenue/Route 13. Upon request of the WAYS & MEANS and THE SOLAR POWER ENERGERY EXPLORATORY COMMITTEES, the following PETITION was given FURTHER TIME. Vt. 8/0 17-12 Joanne M. DiNardo, Chair-Energy Committee: Endorse the Green Communities application process including adoption of Criteria 4 “Purchase only Fuel Efficient Vehicles on non-exempt vehicles” and Criteria 5- “Adopt the Stretch Energy Code”, both criteria require City Council approval. Upon recommendation of the WAYS & COMMITTEE the following APPOINTMENTS were CONFIRMED. Vt. 8 “yeas” Leominster Fire Department – Firefighters – Sean Keith Gray, Matthew Brian Burke, Nicholas Richard DeCarolis The following ORDINANCE was read a second time, ADOPTED as presented and passed to be ordained. Vt. 8 “yeas” City of Leominster In the year two thousand and eleven AN ORDINANCE Amending Chapter 1 of the Revised Ordinances entitled “General Provisions.” Be it ordained by the City Council of the City of Leominster, as follows: Chapter 1 of the Revised Ordinances entitled “General Provisions” is hereby amended by deleting Section 1-11, entitled “Wards and Precincts,” in its entirety and inserting in its place the following: Ward 1 Precinct A All of that portion of Leominster City bounded and described as follows: Beginning at the point of intersection of Main St and Nashua St, and proceeding easterly along Main St to Pierce St, and proceeding easterly along Pierce St to Crystal Ave, and proceeding northerly along Crystal Ave to Blanchard Ave, and proceeding westerly along Blanchard Ave to Mascoma St, and proceeding northerly along Mascoma St to Burrage Ave, and proceeding easterly along Burrage Ave to Pierce St, and proceeding northerly along Pierce St to Joslin St, and proceeding westerly along Joslin St to Day St, and proceeding northerly along Day St to the Lunenburg/Leominster town/city line, and proceeding southerly along the Lunenburg/Leominster town/city line to the Lancaster/Leominster town/city line, and proceeding southerly along the Lancaster/Leominster town/city line to Mass State Hwy, and proceeding westerly along Mass State Hwy to Nashua St, and proceeding northerly along Nashua St to the point of beginning. Ward 1 Precinct B All of that portion of Leominster City bounded and described as follows: Beginning at the point of intersection of the Lunenburg/Leominster town/city line and North St, and proceeding northeasterly along the Lunenburg/Leominster town/city line to Main St, and proceeding southeasterly along the Lunenburg/Leominster town/city line to Day St, and proceeding southerly along Day St to Flaggler Rd, and proceeding westerly along Flaggler Rd to Causeway Ter, and proceeding northerly along Causeway Ter to Lincoln St, and proceeding southerly along Lincoln St to Main St, and proceeding northerly along Main St to Starr St, and proceeding westerly along Starr St to Morningside Dr, and proceeding southeasterly along Morningside Dr 200’, and proceeding southwesterly to the Atlantic Ave circle, and proceeding northerly along Atlantic Ave to North St, and proceeding westerly along North St to the point of beginning. Ward 1 Precinct C All of that portion of Leominster City bounded and described as follows: Beginning at the point of intersection of the Lunenburg/Leominster town/city line and the Fitchburg/Leominster city line, and proceeding easterly along the Lunenburg/Leominster town/city line to North St, and proceeding easterly along North St to Atlantic Ave, and proceeding southerly along Atlantic Ave to the Atlantic Ave circle, and proceeding northeasterly to Morningside Dr, and proceeding 200’ westerly along Morningside Dr to Starr St, and proceeding easterly along Starr St to Main St, and proceeding southerly along Main St to Lincoln St, and proceeding northerly along Lincoln St to Causeway Ter, and proceeding southerly along Causeway Ter to Flaggler Rd, and proceeding easterly along Flaggler Rd to Day St, and proceeding southerly along Day St to Joslin St, and proceeding easterly along Joslin St to Pierce St, and proceeding southerly along Pierce St to Burrage Ave, and proceeding westerly along Burrage Ave to Mascoma St, and proceeding southerly along Mascoma St to Blanchard Ave, and proceeding easterly along Blanchard Ave to Crystal Ave, and proceeding southerly along Crystal Ave to Pierce St, and proceeding westerly along Pierce St to Main St, and proceeding southerly along Main St to Railroad Sq, and proceeding westerly along Railroad Sq to the end of Railroad Sq, and proceeding westerly across the M.B.T.A. railroad to Hamilton St, and proceeding westerly along Hamilton St to Fairmount St, and proceeding northerly along Fairmount St to Beacon St, and proceeding westerly along Beacon St to Crawford St, and proceeding northerly along Crawford St to the Fitchburg/Leominster city line, and proceeding northerly along the Fitchburg/Leominster city line to the point of beginning.  7 REGULAR MEETING OF THE CITY COUNCIL, NOVEMBER 28, 2011, continued Ward 2 Precinct A All of that portion of Leominster City bounded and described as follows: Beginning at the point of intersection of Main St and Mechanic St, and proceeding northerly along Main St to Nashua St, and proceeding southerly along Nashua St to Mass State Hwy, and proceeding easterly along Mass State Hwy to Lancaster/Leominster town/city line, and proceeding southerly along Lancaster/Leominster town/city line to Mechanic St, and proceeding westerly along Mechanic St to 6th St, and proceeding northerly along 6th St to Spruce St, and proceeding westerly along Spruce St to Mechanic St, and proceeding westerly along Mechanic St to the point of beginning. Ward 2 Precinct B All of that portion of Leominster City bounded and described as follows: Beginning at the point of intersection of Johnson St and Lancaster St, and proceeding easterly along Johnson St 980’, and proceeding northwesterly to the end of Webber St, and proceeding northerly along Webber St to 6th St, and proceeding easterly along 6th St to Mechanic St, and proceeding easterly along Mechanic St to Mass State Hwy, and proceeding easterly along Mass State Hwy to the Lancaster/Leominster town/city line, and proceeding southerly along the Lancaster/Leominster town/city line to New Lancaster Rd, and proceeding westerly along New Lancaster Rd to Keyes Brook, and proceeding northerly along Keyes Brook to Fall Brook, and proceeding northerly along Fall Brook to Lancaster St, and proceeding northerly along Lancaster St to the point of beginning. Ward 2 Precinct C All of that portion of Leominster City bounded and described as follows: Beginning at the point of intersection of Main St and Monument Sq, and proceeding northerly along Main St to Mechanic St, and proceeding easterly along Mechanic St to Spruce St, and proceeding easterly along Spruce St to 6th St, and proceeding southerly along 6th St to Webber St, and proceeding southerly along Webber St to the end of Webber St, and proceeding southeasterly to Johnson St, and proceeding westerly along Johnson St 980’ to Lancaster St, and proceeding southerly along Lancaster St to Marguerite Ave, and proceeding southwesterly along Marguerite Ave to CSX RR, and proceeding northwesterly along CSX RR to the end of Castle St, and proceeding southerly along Castle St to Lincoln Ter, and proceeding westerly along Lincoln Ter to Graham St, and proceeding westerly along Graham St to Central St, and proceeding northerly along Central St to Monument Sq, and proceeding northerly along Monument Sq to the point of beginning. Ward 3 Precinct A All of that portion of Leominster City bounded and described as follows: Beginning at the point of intersection of Union St and Litchfield St, and proceeding northerly along Union St to Graham St, and proceeding easterly along Graham St to Lincoln Ter, and proceeding southerly along Lincoln Ter to Castle St, and proceeding northerly along Castle St to CSX RR, and proceeding southeasterly along CSX RR to Marguerite Ave, and proceeding easterly along Marguerite Ave to Lancaster St, and proceeding easterly along Lancaster St to Fall Brook, and proceeding southerly along Fall Brook to Keyes Brook, and proceeding southerly along Keyes Brook to Central St, and proceeding northerly along Central St to Fall Brook, and proceeding southerly along Fallbrook Reservoir to Litchfield St, and proceeding westerly along Litchfield St to the point of beginning. Ward 3 Precinct B All of that portion of Leominster City bounded and described as follows: Beginning at the point of intersection of Clubhouse Rd and Overlook Dr, and proceeding northerly to Iris Rd, and proceeding northerly along Iris Rd to Grant St, and proceeding easterly along Grant St to Central St, and proceeding northerly along Central St to Keyes Brook, and proceeding northerly along Keyes Brook to New Lancaster Rd, and proceeding southerly along New Lancaster Rd to the Lancaster/Leominster town/city line, and proceeding southerly along the Lancaster/Leominster town/city line to the Sterling/Leominster town/city line, and proceeding westerly along the Sterling/Leominster town/city line to Central St, and proceeding northerly along Central St to Jytek Dr, and proceeding westerly along Jytek Dr to Willard St, and proceeding easterly along Willard St to Overlook Dr, and proceeding westerly along Overlook Dr to the point of beginning. Ward 3 Precinct C All of that portion of Leominster City bounded and described as follows: Beginning at the point of intersection of Pleasant St and the Sterling/Leominster town/city line, and proceeding northerly along Pleasant St to Union St, and proceeding easterly along Union St to Comstock Rd, and proceeding northerly along Comstock Rd to Birchcroft Rd, and proceeding westerly along Birchcroft Rd to Glenwood Dr, and proceeding northerly along Glenwood Dr to Birchcroft Rd, and proceeding easterly along Birchcroft Rd to Union St, and proceeding southerly along Union St to Litchfield St, and proceeding easterly along Litchfield St to Fall Brook, and proceeding northerly along Fall Brook to Central St, and proceeding southerly along Central St to Grant St, and proceeding westerly along Grant St to Iris Rd, and proceeding southerly along Iris Rd to Clubhouse Rd, and proceeding southerly along Clubhouse Rd to Overlook Dr, and proceeding easterly along Overlook Dr to Willard St, and proceeding westerly along Willard St to Jytek Dr, and proceeding southerly along Jytek Dr to Central St, and proceeding southerly along Central St to the Sterling/Leominster town/city line, and proceeding westerly along the Sterling/Leominster town/city line to the point of beginning. Ward 4 Precinct A All of that portion of Leominster City bounded and described as follows: Beginning at the point of intersection of Elm St and the Sterling/Leominster town/city line, and proceeding northerly along Elm St to Hill St, and proceeding southerly along Hill St to Lowe St, and proceeding northerly along Lowe St to Pleasant St, and proceeding southerly along Pleasant St to Manchester St, and proceeding easterly along Manchester St to Lawrence Ave, and proceeding southerly along Lawrence Ave to Tisdale St, and proceeding easterly along Tisdale St to Union St, and proceeding southerly along Union St to Birchcroft Rd, and proceeding westerly along Birchcroft Rd to Glenwood Dr, and proceeding southerly along Glenwood Dr to Birchcroft Rd, and proceeding easterly along Birchcroft Rd to Comstock Rd, and proceeding southerly along Comstock Rd to Union St, and proceeding westerly along Union St to Pleasant St, and proceeding southerly along Pleasant St to the Sterling/Leominster town/city line, and proceeding westerly along the Sterling/Leominster town/city line to the point of beginning. Ward 4 Precinct B All of that portion of Leominster City bounded and described as follows: Beginning at the point of intersection of the Princeton/Leominster town/city line and the Sterling/Leominster town/city line, and proceeding northerly along the Princeton/Leominster town/city line to the Westminster/Leominster town/city line, and proceeding northerly along the Westminster/Leominster town/city line to the Fitchburg/Leominster city line, and proceeding northerly along the  8 REGULAR MEETING OF THE CITY COUNCIL, NOVEMBER 28, 2011, continued Fitchburg/Leominster city line to Extension of West St, and proceeding westerly along Extension of West St to West St, and proceeding easterly along West St to Cotton St, and proceeding southerly along Cotton St to Monoosnoc Brk, and proceeding northerly along Monoosnoc Brk to Pond St, and proceeding southerly along Pond St to Elm St, and proceeding westerly along Elm St to the Sterling/Leominster town/city line, and proceeding westerly along the Sterling/Leominster town/city line to the point of beginning. Ward 4 Precinct C All of that portion of Leominster City bounded and described as follows: Beginning at the point of intersection of Elm St and Hill St, and proceeding northerly along Elm St to Pond St, and proceeding easterly along Pond St to Monoosnoc Brk, and proceeding southerly along Monoosnoc Brk to Cotton St, and proceeding northerly along Cotton St to Pearl St, and proceeding easterly along Pearl St to Pleasant St, and proceeding northerly along Pleasant St to Monument Sq, and proceeding southerly along Monument Sq to Central St, and proceeding southerly along Central St to Graham St, and proceeding westerly along Graham St to Union St, and proceeding southerly along Union St to Tisdale St, and proceeding westerly along Tisdale St to Lawrence Ave, and proceeding northerly along Lawrence Ave to Manchester St, and proceeding westerly along Manchester St to Pleasant St, and proceeding northerly along Pleasant St to Lowe St, and proceeding westerly along Lowe St to Hill St, and proceeding northerly along Hill St to the point of beginning. Ward 5 Precinct A All of that portion of Leominster City bounded and described as follows: Beginning at the point of intersection of Orchard St and West St, and proceeding northerly along Orchard St to Walnut St, and proceeding westerly along Walnut St to Washington St, and proceeding northerly along Washington St to N Main St, and proceeding northerly along N Main St to Erdman Way, and proceeding easterly along Erdman Way to the Fitchburg/Leominster city line, and proceeding southerly along the Fitchburg/Leominster city line to Crawford St, and proceeding southerly along Crawford St to Beacon St, and proceeding easterly along Beacon St to Fairmount St, and proceeding southerly along Fairmount St to Hamilton St, and proceeding easterly along Hamilton St to M.B.T.A. railroad, and crossing easterly to end of Railroad Sq, and proceeding easterly along Railroad Sq to Main St, and proceeding westerly along Main St to Pleasant St, and proceeding southerly along Pleasant St to Pearl St, and proceeding westerly along Pearl St to Cotton St, and proceeding northerly along Cotton St to West St, and proceeding westerly along West St to the point of beginning. Ward 5 Precinct B All of that portion of Leominster City bounded and described as follows: Beginning at the point of intersection of Extension of West St and West St, and proceeding easterly along Extension of West St to the Fitchburg/Leominster city line, and proceeding easterly along the Fitchburg/Leominster city line to Abbott Ave, and proceeding southerly along Abbott Ave to Blossom St, and proceeding northerly along Blossom St to Stearns Ave, and proceeding easterly along Stearns Ave to Washington St, and proceeding southerly along Washington St to Walnut St, and proceeding easterly along Walnut St to Orchard St, and proceeding southerly along Orchard St to West St, and proceeding westerly along West St to the point of beginning. Ward 5 Precinct C All of that portion of Leominster City bounded and described as follows: Beginning at the point of intersection of the Fitchburg/Leominster city line and Abbott Ave, and proceeding easterly along the Fitchburg/Leominster city line to Erdman Way, and proceeding westerly along Erdman Way to N Main St, and proceeding southerly along N Main St to Washington St, and proceeding southerly along Washington St to Stearns Ave, and proceeding westerly along Stearns Ave to Blossom St, and proceeding southerly along Blossom St to Abbott Ave, and proceeding northerly along Abbott Ave to the point of beginning. ____________________________ Under Old Business, Councillor Freda said there will be a meeting tomorrow night regarding Water and Sewer. She said she has not received any questions for that meeting and if there are questions get them to Roger Brooks. Councillor Rowlands established a President’s Zoning Committee meeting on December 6, 2011 at 7:00 P.M. Councillor Salvatelli said we have an aggressive agenda for December 12th meeting. We are looking at a 6:15 P.M. meeting that has two very important meetings, a Superintendent that will be sitting in the audience forever, you saw what happened with the tax classification. We started at 7:00 P.M. and lasted 45 minutes. He said he doesn’t know why we keep scheduling these meetings when we know we can’t meet the timelines. It is embarrassing for him to sit there for a hearing while there are professionals in the audience waiting 45 minutes to an hour waiting to come in to a meeting with the City Council. He said it isn’t fair, professional, and ethical wasting a person’s time. Councillor Dombrowski asked Councillor Nickel to change the Superintendents time to 7:00 P.M. to allow for more time. MEETING ADJOURNED AT 8:40 P.M. _____________________________ Lynn A. Bouchard, City Clerk and Clerk of the City Council