CITY OF NORTH ADAMS City Clerk’s Office June 17, 2010 Thereby notify you that at twelve o’clock noon today the following items of business have been filed with this office and will be acted upon at the meeting in the City Council Chambers at City Hall, Tuesday evening June 22, 2010 at seven-thirty 0’clock according to Section 8, Rules and Orders of the City Council. Marilyn Gomeau City Clerk REGULAR MEETING OF THE CITY COUNCIL June 22, 2010 Approval of the minutes from the meeting of June 8, 2010 UNFINISHED BUSINESS 10,946-1 An Ordinance amending Chapter 3 of the Revised Ordinances entitled Regulation and Maintenance of Vacant and Foreclosing Residential Properties, which was passed to a second reading and publish as required by law at the meeting of June 8". 10,042-1 A communication submitted by Councillor Boland regarding a Youth Commission, which was referred to the General Government Committee and postpone to the meeting of May 11". 10,042-1a Report of the General Government Committee. 10,042-2 An Ordinance amending Chapter 2 of the Revised Ordinances entitled Administration. 11,065 ‘An Ordinance amending Chapter 2 of the Revised Ordinances, Section 2-27 entitled the Classification Plan and Section 2-28(a) entitled the Compensation Plan for FY”11, which ‘was referred to the Finance Committee, pass to a second reading and publish as required by law at the meeting of June 8". 11,066 ‘An Order appropriating the sum of $35,930,626.00 to be raised by taxation for FYI Budget, which was referred to the Finance Committee at the meeting of June 8". NEW BUSINESS 4840-20 Mayor’s communication #44 recommending an increase to the Water Rates. 4840-20 An Order amending Section 20 of the Water Rates, Rules and Regulations as most recently amended on April 24, 2007.11,069 11,069 11,070 11,070 11,070-1 10,991 10,991-1 10,991-1 Mayor’s communication #45 recommending the passage of Special Legislation for the Land Sale Account. ‘An Order authorizing the Mayor to petition the Legislature of the Commonwealth to use the City’s Land Sale Account to balance this year’s budget. Mayor's communication #46 recommending the acceptance of Massachusetts General Laws Chapter 32B, Section 9E and Section 18. ‘An Order accepting the provisions of Massachusetts General Law, Chapter 32B, Section OE. ‘An Order accepting the provisions of Massachusetts General Law, Chapter 32B, Section 18. Communication submitted by Councillor Billings regarding a sewer user’s fee, which was postponed at the meeting of May 11". Mayor’s communication #47 recommending the adoption of a sewer user’s fee. ‘An Ordinance amending Chapter 24 of the Revised Ordinances entitled Water, Sewers and Drains, Article I entitled In General by adding a new Section 24-1.1. CORRESPONDENCE ‘COUNCILLOR’S CONCERNS OPEN FORUMCITY OF NORTH ADAMS, MASSACHUSETTS Office of the Mayor Richard J. Alcombright Sune 22, 2010 444 To: North Adams City Council Re: Water Rate Increase Dear Honorable Members: Pursuant to Council Order submitted, I am requesting that Water Rates in the City of North Adams be raised by 10% effective July 1, 2010. As presented during budget discussion, water rates have not been increased since FY2008 and this increase, while modest, would go a long way towards closing our budget deficit. This rate would impact all users of North Adams water including residents of Williamstown and Clarksburg. The rate for North Adams residents would go from $3.18 to $3.50 per Hundred Cubic Feet. This increase will impact the average bill by approximately $25.00 annually. The rate increases for Williamstown and Clarksburg are listed in the order. respectfully request adoption of the following order. eaey coral Mayor RUA 10 Main Street + North Adams, Massachusetts 01247 (413) 662-3000City of North Adams In City Council June 22, 2010 rbered: That Section 20 of the Water Rate Rules and Regulations, amended by the City Council on April 24, 2007, Council Paper #4840-19, amending a portion of Section 20 as established and approved by the City Council on May 28, 1963, be and is hereby stricken as follows: Effective January 1, 2008, the water rate will b $3.18 per 100 cu. ft. And that a new section be inserted in place thereof as follows: Effective July 1, 2010 the water rater will be: $3.50 per 100 cu. ft. AND BE IT FURTHER AMENDED by deleting the following: Non-resident charges Williamstown connections water rate: $6.05 per 100 cu. ft. (set at 90% above resident rate) Beginning January 1, 2008 Clarksburg Connections water rate: $5.47 per 100 cu. ft. (set at 72% above resident rate) Beginning January 1, 2008 ‘And that a new section be inserted in place thereof as follows: Non-resident charges Williamstown connections water rate: $6.65 per 100 cu.ft. (set at 90% above resident rate) Beginning July 1, 2010 Clarksburg Connections water rate: $6.02 per 100 cu. ft. (set at 72% above resident rate) Beginning July 1, 2010CITY OF NORTH ADAMS, MASSACHUSETTS Office of the Mayor Richard J. Alcombright June 22, 2010 #45 To: North Adams City Council Re: Land Sale Account Special Legislation ‘Dear Honorable Members: As discussed many times over the past few weeks, I recommended that our Land Sale Account be utilized to balance this year’s budget. The funds would be utilized during the fiscal year to reduce or eliminate the budgeted debt of the City for FY2011. ‘The accompanying Home Rule Petition order asks that the Mayor, upon majority vote of the City Council, may use the Land Sale account for the reason stated above. Upon adoption by this body, I will forward to Representative Bosley and Senator Downing to administer through the legislative process. Both have indicated their full support of this special legislation to allow the City to muster through these very dire financial times. believe the order is very straightforward and I will be happy to answer any questions you may have at the meeting. I respectfully recommend adoption of the order as presented. Singerely, asa Mayor RUA 10 Main Street * North Adams, Massachusetts 01247 413) 662-3000Gity of North Adams In City Council June 22, 2010 @rdered: WHEREAS, the City Council of the City of North Adams, at the request and with the approval of the Mayor, has the authority to submit by way of Home Rule Petitions requests to adopt Special Laws gover and affecting the City; and WHEREAS, the Mayor of the City of North Adams deems it fiscally prudent and in the best interests of the City during fiscal year 2011, following a majority vote of the city council and approval by the mayor, the proceeds of the sale or other disposal of real estate, including the taking by eminent domain by another governmental unit, but other than that acquired through tax title foreclosure, and/or proceeds currently in the City’s Land Sale Reserve Account, be applied to eliminate or reduce the budgeted debt of the City for fiscal year 2011; and WHEREAS, to accomplish the foregoing and in furtherance of the best interests of the City, the City Council desires to submit the Act, in the form attached hereto and made a part of this Order, and entitled “An Act Relative to the Financial Condition of the City of North Adams’, to the Massachusetts Legislature for adoption into law by the Great and General Court. NOW THEREFORE, it is ordered: That the City Council hereby approves the Act in the form attached, and that the Mayor, acting on behaif of the City, be and is hereby authorized to petition the Massachusetts Legislature and to request the adoption by the Great and General Court Of the act in the form attached, together with any reasonable amendments thereto, in form or substance, within the scope of the general public objectives of this petition.Chapter 44 of the Acts of 2010 AN ACT RELATIVE TO THE FINANCIAL CONDITION OF THE CITY OF NORTH ADAMS Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows: SECTION 1. Notwithstanding section 63 of chapter 44 of the General Laws or any other general or special law to the contrary, the City of North Adams, in this act hereinafter called the City, during fiscal year 2011, following a majority vote of the city council and approval by the mayor, the proceeds of the sale or other disposal of real estate, including the taking by eminent domain by another governmental unit, but other than that acquired through tax title foreclosure, and/or proceeds currently in the City’s Land Sale Reserve Account, be applied to eliminate or reduce the budgeted debt of the City for fiscal year 2011. SECTION 2. This act shall take effect upon its passage.