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City Council

Regular Meeting

Leominster, MA · October 25, 2004

AgendaMinutes

Minutes

HEARING BEFORE THE CITY COUNCIL, October 25, 2004 Hearing opened at 7:30 P.M. with Councillor Marchand, Chair of the Legal Affairs Committee presiding. All members were present. The following ORDINANCE was the subject of the hearing. Relative to amending Chapter 10 of the Revised Ordinances entitled “Hawkers and Peddlers” by deleting the words “or other aerosol can amusement products in Section 10-8 subsection (b) and inserting in their place “other aerosol can amusement products, toy guns, rifles, swords and all weapons”. Sandra Copeland spoke in support. No one spoke in opposition. No Councillors spoke. HEARING ADJOURNED: 7:32 P.M. Ann B. Mahan, City Clerk and Clerk of the City Council HEARING BEFORE THE CITY COUNCIL, October 25, 2004 Hearing opened at 7:32 P.M. with Councillor Marchand, Chair of the Legal Affairs Committee presiding. All members were present. The following ORDINANCE was the subject of the hearing. Relative to amending Chapter 13, Section 13-77 of the Revised Ordinances entitled “Stop Signs” by inserting “Karen Street, at the intersection of Patricia Drive.” No one spoke in favor or opposition. No Councillors spoke. HEARING ADJOURNED: 7:33 P.M. Ann B. Mahan, City Clerk and Clerk of the City Council HEARING BEFORE THE CITY COUNCIL, October 25, 2004 Hearing opened at 7:33 P.M. with Councillor Marchand, Chair of the Legal Affairs Committee presiding. All members were present. The following ORDINANCE was the subject of the hearing. Relative to amending Chapter 13, Section 13-88 of the Revised Ordinances entitled “Left Turn Prohibition” by inserting “Granite Street, eastbound to West Street westbound via cutoff”. No one spoke in favor or opposition. No Councillors spoke. HEARING ADJOURNED: 7:34 P.M. Ann B. Mahan, City Clerk and Clerk of the City Council HEARING BEFORE THE CITY COUNCIL, OCTOBER 25, 2004 Hearing opened at 7:35 P.M. with Councillor Marchand, Chair of the Legal Affairs Committee presiding. All members were present. Also in attendance was Mr. Daniel McCarty, McCarty Associates Inc. representing Nancy A. Miller The following PETITION was the subject of the hearing. 18-05 Nancy Miller: Grant a Special Permit to construct a single family dwelling at 640 Willard Street, as shown on Assessors Map 503, lot 1, located in an Industrial Zone. Councillor Marchand stated that the hearing notice had been duly published and all the abutters notified. Introduced and made part of the records were the following: A. Petition 18-05 submitted by Daniel J. McCarty, McCarty Associates Inc. with a Conceptual Lot Layout Plan prepared for Nancy A. Miller by McCarty Associates Inc. B. Letters of recommendation from the Director of Inspections, the Health Department, the Planning Board, the Building Inspector and the Conservation Commission. C. Copies of the Notice of Public Hearing published in the Sentinel & Enterprise on October 11, 2004 and October 18, 2004. Daniel McCarty, representing Nancy Miller spoke in support. He said that there are a number of properties, his client included, on the left side of Willard Street that were put into the Industrial Zone. Mr. McCarty said that because these properties are in an industrial zone they must get a Special Permit in order to obtain a building permit. Mr. McCarty said that they have given the same presentation to the Planning Board last week and got a favorable recommendation from them. He said they are going to set the house back from the street so they do not impact the Wilson house that is next door. Mr. McCarty said that under Industrial Zoning the property could actually the property be utilized as a detailing shop or an industrial structure sandwiched in between two residential properties. Councillor Marchand asked if they would be using municipal water. Mr. McCarty said yes they would. Councillor Nickel said that he feels this is the best use for this land. He asked what the frontage and total square footage of the lot will be. Mr. McCarty said there would be 100 feet frontage and the total lot area is 16,886 square feet. Councillor Rowlands said that there is a lot of talk about general rezoning but he appreciates that they are looking at a Special Permit rather than rezoning the area. Councillor Freda spoke in support. She said that this is perfect for the area and this will protect the neighbors from what else could have been put there. Councillor Dombrowski said he is in support. He asked where the bylaw allows for the City Council to grant a special permit in these circumstances. Assistant City Solicitor, Kathleen Reynolds-Daigneault said that it is provided for in Chapter 22, Section 16.9. Jennifer Pears, 641 Willard Street spoke in support. She said that although she is in support of this Special Permit she said that all the homes in the Industrial Zone should be rezoned to Residential. Due to the fact that the land is in an Industrial Zone a Special Permit issued by a two-thirds vote of the City Council is necessary. Based on the above information, the City Council at the regular meeting held on October 25, 2004 with nine members of the City Council present, determined that the applicant has complied with all the procedural requirements of the appropriate sections of the Zoning Ordinance of the City of Leominster and the Massachusetts Zoning Act. (M.G.L.) Chapter 40A and the City Council voted nine “yeas” to grant the Special Permit. HEARING ADJOURNED: 7:45 P.M. Ann B. Mahan, City Clerk and Clerk of the City Council HEARING BEFORE THE CITY COUNCIL, OCTOBER 25, 2004 Hearing opened at 7:46 P.M.with Councillor Marchand, Chair of the Legal Affairs Committee presiding. All members were present. The following ORDINANCE was the subject of the hearing. Relative to amending Chapter 21, Section 21-22.4 (b) entitled “Water and Sewer” by deleting the table contained in Section 21-22.4(b) in its entirety and inserting in its place the following. Proposed Discharge/Day Rate Total Charges 1,000 gpd – 2,000 gpd $1.50 $1,500 - $3,000 2,001 gpd – 10,000 gpd $3,000. plus $1.00/gal $3,000 - $11,000 10,001 gpd – 50,000 gpd $11,000 plus $.50/gal. $11,000 -$20,000 50,001 gpd & over Flat Fee $25,000 Larry Sawyer, Barre MA said that there were mathematical errors in this table. He said the table shows the first category ending at $3,000.00 and the second category beginning at $3,000.00 and also there is a gap of $5,000.00 between the last two categories. Councillor Rowlands said that he and Councillor Nickel also noticed the discrepancies in the chart. Councillor Marchand said he will suggest that they send this back to the Department of Public Works for clarification. HEARING ADJOURNED: 7:50 P.M. Ann B. Mahan, City Clerk and Clerk of the City Council HEARING BEFORE THE CITY COUNCIL, OCTOBER 25, 2004 Hearing opened at 7:50 P.M. with Councillor Marchand, Chair of the Legal Affairs Committee presiding. All members were present. The following ORDINANCE was the subject of the hearing. Relative to amending Chapter 21, Section 21- 22.3 of the Revised Ordinances entitled “Water and Sewer” by revising the sewer user rate schedule as follows: On January 1, 2005, the rate for “Residential (includes low strength industrial)” shall increase from $1.30 to $1.50; on July 1, 2005, said rate shall increase to $1.60; and on July 1, 2006, said rate shall increase to $1.70.; said sewer rate schedule shall be further amended as follows: on January 1, 2005, the rate for “Out of City” shall increase from $1.90 to $2.10; on July 1, 2005, said rate shall increase to $2.20; and July 1, 2006, said rate shall increase to $2.30. No one spoke in support. No one spoke in opposition. No Councillors spoke. HEARING ADJOURNED: 7:52 P.M. Ann B. Mahan, City Clerk and Clerk of the City Council HEARING BEFORE THE CITY COUNCIL, OCTOBER 25, 2004 Hearing opened at 7:52 P.M. with Councillor Marchand, Chair of the Legal Affairs Committee presiding. All members were present. The following ORDINANCE was the subject of the hearing. Relative to amending Chapter 21 of the Revised Ordinances entitled “Water and Sewer” by deleting the first sentence of Section 21-22.4(a) in its entirety and inserting in its place “All individual domestic and condominium units will be charged one thousand dollars per connection.” HEARING BEFORE THE CITY COUNCIL, OCTOBER 25, 2004, continued No one spoke in support. No one spoke in opposition. Councillor Rowlands asked if the other councilors thought that the ordinance should read “All domestic and condominium units” instead of “all “All individual domestic and condominium units”. Councillor Dombrowski said that he feels that the way it is drafted is better because quite often there is one building with a number of units in the building. Councillor Rowlands asked how a duplex would be handled. Councillor Marchand said that under the state sanitary code each one would be a dwelling unit. Councillor Marchand said it would suggest that the change should be to read “All individual domestic units and condominium units” Assistant City Solicitor Kathleen Reynolds-Daigneault said that the only change in this proposed ordinance is the fee. She said it is going from $500.00 to $1,000.00 Councillors Dombrowski and Nickel, both members of the Legal Affairs Committee agreed with Councillor Marchand. Councillor Marchand said that the recommendation of the Legal Affairs Committee will be to grant the ordinance change with the word “units” being added after the word domestic. HEARING ADJOURNED: 7:59 P.M. Ann B. Mahan, City Clerk and Clerk of the City Council REGULAR MEETING OF THE CITY COUNCIL, October 12, 2004 Meeting called to order at 8:00 P.M. Attendance was taken by a roll call vote; all members present except Councillor Rowlands. The Committee on Records reported that the records were examined through September 27, 2004 and found to be in order. The records were accepted. A recess was called at 8:01 P.M. to continue the public hearings and hold a public forum. Meeting reconvened at 8:04 P.M. The following COMMUNICATIONS were received, referred to the FINANCE COMMITTEE and given REGULAR COURSE. C-31 Relative to the appropriation of $91,250.00 to the Sewer Department Expense Account; same to be transferred from the Excess and Deficiency Account. C-32 Relative to the appropriation of $242,600.00 to the Water Department Capital Outlay Expense Account; same to be transferred from the Excess and Deficiency Account. C-33 Relative to the appropriation of $900,000.00 to the School Department Transportation Expense Account; same to be transferred from the Excess and Deficiency Account. C-34 Relative to the appropriation of $30,000.00 to the Emergency Management Agency Capital Outlay Expense Account; same to be raised by FY 2005 Revenue. C-35 Relative to the appropriation of $50,000.00 to the Department of Public Works Traffic Improvement Expense Account; same to be raised by FY 2005 Revenue. C-36 Relative to the appropriation of $201,300.00 to the Fire Department Salary and Wages Account; same to be raised by Fiscal Year 2005 Revenue. C-37 Relative to the appropriation of $100,234.00 to the Fire Department Salary and Wages Account; same to be raised by Fiscal Year 2005 Revenue. C-38 Relative to the appropriation of $76,000.00 to the Assessor’s Property Revaluation Expense Account; same to be transferred from the Excess and Deficiency Account. C-39 Relative to the appropriation of $32,719.00 to various departments Salary & Wages Accounts; same to be raised by Fiscal Year 2005 Revenue. REGULAR MEETING OF THE CITY COUNCIL, October 25, 2004, continued C-40 Relative to the appropriation of $117,945.00 to various departments Salary & Wages Accounts; same to be transferred from the Collective Bargaining Expense Account. C-41 Relative to the appropriation of $4,123.00 to the Sewer Department Salary and Wages Account; same to be transferred from the Sewer Expense Account. C-42 Relative to the appropriation of $17,529.00 to the Water Department Salary and Wages Account; same to be transferred from the Water Department Capital Outlay Expense Account. C-43 Relative to the appropriation of $5,000.00 to the Sewer Department Regular Labor Account; same to be transferred from the Sewer Department Expense Account. C-44 Relative to the appropriation of $24,000.00 to the Water Department Regular Labor Account; same to be transferred from the Water Capital Outlay Account. C-45 Relative to the appropriation of $146,220.00 to the Collective Bargaining Expense Account; same to be raised by FY 2005 Revenue. C-46 Relative to the appropriation of $38,800.00 to the various D.P.W. Departments; same to be transferred from the FY 2005 Revenue. C-47 Relative to the appropriation of $2,000.00 to the Personnel Department Expense Account; same to be transferred from the Excess and Deficiency Account. The following COMMUNICATION was received, referred to the WAYS & MEANS COMMITTEE and given REGULAR COURSE. C-48 Relative to the appropriation of $9,843.00 to the C. D.B.G. Departments; (Code Enforcement- $2,967, Housing Rehab - $4,046, Administration - $1,746, Economic Development - $1,084) same to be transferred from the same C.D.B.G. Departments. The following COMMUNICATIONS were received, referred to the WAYS & MEANS and LEGAL AFFAIRS COMMITTEES and given REGULAR COURSE. C-49 Dean J. Mazzarella, Mayor: Amend Section 16-30 of the Revised Ordinances by deleting Schedule W in its entirety and inserting in its place (b)(1), (b)(2) and (b)(3) increasing the hourly scales of pay for W-1 through W-6 by 2% (Maximum Column only) effective 7/1/03; 2.5%; effective 7/1/04, 3% effective 7/1/05, changes which reflect the settlement reached with the DPW union. C-50 Dean J. Mazzarella, Mayor: Amend Section 16-30 of the Revised Ordinances by deleting Schedule F in its entirety and inserting in its place a new Schedule F (2)(a), (2)(b) and 2(c) increasing the pay scales for F-1 thru F-5 by 2% (for maximum fire positions only), effective 7/1/03; 2.5% effective 7/1/04; and 3% effective 7/1/05, changes which reflect the settlement with the Fire Department Union. C-51 Dean J. Mazzarella, Mayor: Amend Section 16-30 of the Revised Ordinances by deleting schedule (a) in its entirety and inserting in its place (a)(1), (b)(1), (c)(1) increasing salaries & wages of S-1 through S-10 (maximum column only) by 2% effective 7/1/03; by 2.5% effective 7/1/04 and 3% effective 7/1/05. C-52 Dean J. Mazzarella, Mayor: Amend Section 16-33 of the Revised Ordinances entitled “Longevity” by deleting it in its entirety and inserting in it’s place, a new section with increases effective 7/1/03; also amend Section 16- 13 entitled “Vacations” by adding (b)(8) - Employees entitled to four or more weeks vacation in a calendar year may buy back up to five (5) days of vacation time. The following PETITION was received, referred to the LEGAL AFFAIRS COMMITTEE, given REGULAR COURSE and referred to the Planning Board, the Conservation Commission, the Fire Department, the Health Department and the Building Inspector. Councillor Nickel also asked that a list of Officers of the Corporation be obtained. 34-05 McKenzie Engineering Co., Inc. on behalf of Adams Street Properties, LLC, Owners of land to be rezoned: Change the zoning district of land located at the southwest corner of the intersection of Adams Street and Cotton Street from Industrial (I) to Residence C (RC) as shown on Assessor’s Map 4, as lots 1 (4.52 acres) and 2 (0.2 acre); also change the zoning district of land contiguous to those parcels and westerly of Adams Street, southerly of Cotton Street, easterly of Cottage Street and northerly of Pleasant Street from Business B (BB) to Residence C (RC) shown on Assessors Map 3, as lots 14C (0.55 acre) total area to be rezoned is 5.27 acres to allow the redevelopment of the area into a residential townhouse development. Upon request of the FINANCE COMMITTEE, the following COMMUNICATION was given FURTHER TIME. Vt. 7/2; Councillor Freda and Marchand opposed. C-18 Relative to the appropriation of $55,000.00 to the Legal Services Expense Account; same to be raised by the Fiscal Year 2005 Revenue. REGULAR MEETING OF THE CITY COUNCIL, October 25, 2004, continued Upon recommendation of the FINANCE COMMITTEE, the following COMMUNICATIONS were GRANTED and ORDERED. Vt. 8 “yeas” and 1 “nay”; Councillor Marchand opposed. C-24 Relative to the appropriation of $ 1,000.00 to the Street Signs and Fences Expense Account; same to be transferred from Emergency Reserve Account. ORDERED: - that the appropriation of One Thousand Dollars ($1,000.00) be appropriated to the Street Signs and Fences Expense Account; same to be transferred from the Emergency Reserve Account. C-25 Relative to the appropriation of $2,662.52 to the Highway Labor Account; same to be transferred from the Emergency Reserve Account. ORDERED:- that the sum of Two Thousand Six Hundred Sixty Two dollars and Fifty-two cents ($2,662.52) be appropriated to the Highway Labor Account; same to be transferred from the Emergency Reserve Account. Upon request of the FINANCE COMMITTEE, the following COMMUNICATION was given FURTHER TIME. Vt.6/3; Councillors Freda, Marchand and Lanciani opposed. C-26 Relative to the appropriation of $276,000.00 to the Sholan Farms Land Purchase Account; same to be raised by Fiscal Year 2005 Revenue. Upon recommendation of the FINANCE COMMITTEE, the following COMMUNICATION was GRANTED and ORDERED. Vt. 8 “yeas” and 1 “nay”; Councillor Marchand opposed. C-27 Relative to the appropriation of $258,000.00 to the Interest on Loans Expense Account; same to be transferred from the Excess and Deficiency Account. ORDERED: that the sum of Two Hundred Fifty Eight Thousand Dollars ($258,000.00) be appropriated to the Interest on Loan Expense Account; same to be transferred from the Excess and Deficiency Account. Upon request of the PUBLIC SERVICE COMMITTEE, the following PETITION was given FURTHER TIME. Vt. 9/0 31-05 Robert Salvatelli: Accept Tisdale Avenue as a public way. Upon recommendation of the LEGAL AFFAIRS COMMITTEE, the following COMMUNICATION was GRANTED. Vt. 9/0 C-28 Dean J. Mazzarella, Mayor: Amend Chapter 13 entitled “Motor Vehicles and Traffic”, Article IV “Operation of Vehicles”, Section 13-77 by adding “Stop Signs” at Buono Avenue and North Main Street, Dettling Avenue and North Main Street and Westland Avenue and North Main Street. Upon recommendation of the PUBLIC SAFETY COMMITTEE, the following PETITION was GRANTED. Vt. 9/0 32-05 Richard M. Marchand , Facilitator, of the 12th Annual Johnny Appleseed Arts & Cultural Festival on behalf of the Leominster Downtown Association: Close off West Street from School Street to Main Street, Park Street from Main Street to West Street and Church Street in the vicinity of the West Street intersection on Saturday, September 24, 2005 from 6 A.M. to 6 P.M. with a rain date of Saturday October 1, 2005. Upon recommendation of the CITY PROPERTY COMMITTEE, the following PETITION was GRANTED. Vt. 9/0 33-05 Richard M. Marchand, Facilitator of the 12th Annual Johnny Appleseed Arts & Cultural Festival on behalf of the Leominster Downtown Association: Request the use of the City Hall parking lot for a “Parking Lot Party for Adolescence” and the city parking lot between the First Baptist Church and the First Church Unitarian, on September 24, 2005 from 6 A.M. to 6 P.M. with a rain date of Saturday October 1, 2005. Upon recommendation of the WAYS & MEANS COMMITTEE, the following COMMUNICATION was GRANTED. Vt. 9/0 C-23 Dean J. Mazzarella, Mayor: Review and amend the classification of the Director of Inspections from an S-9 to an S-10. Upon recommendation of the WAYS & MEANS COMMITTEE, the following COMMUNICATION was GRANTED. Vt. 8/1; Councillor Rosa opposed. C-29 Dean J. Mazzarella, Mayor: Request that the current classification of S-3 Principal Clerk for the Recreation Department be eliminated and replaced with an S-5 Administrative Assistant. Upon recommendation of the WAYS & MEANS COMMITTEE, the following COMMUNICATION was GRANTED. Vt. 9/0 C-30 Dean J. Mazzarella, Mayor: Request that Ricardo Saudelli, employee of the Health Department be designated a Special Municipal Employee which would provide him the ability to assist the Recreation Department with various programs as needed. REGULAR MEETING OF THE CITY COUNCIL, October 25, 2004, continued Upon recommendation of the WAYS & MEANS COMMITTEE, the following APPOINTMENT was CONFIRMED. Vt. 9/0 Patrick Perla – Board of Health – 3 year term The following ORDINANCE was read once and adopted as presented. Vt. 9 “yeas”. A hearing was set for November 8, 2004 at 6:50 P.M. Vt. 9/0 1st Reading Ordinance – amend Chapter 13, Section 13-34 of the Revised Ordinances entitled “No Parking on Certain Streets” to delete “no parking” at certain sections of Main Street and insert in its place, Main Street (East Side), from a point beginning at the intersection of Haws and Main Streets and extending northerly along main Street to the point of the intersection of Main and Pierce Street; Main Street (West Side), from a point beginning at the intersection of Pierce and Main Streets and extending southerly along Main Street to the point of the intersection of Main and Haws Streets. The following ORDINANCE was read once and adopted as presented. Vt. 9 “yeas”. A hearing was set for November 8, 2004 at 7:30 P.M. Vt. 9/0 1st Reading Ordinance – amend Chapter 13, Section 13-34 of the Revised Ordinances entitled “No Parking on Certain Streets” by inserting : Mechanic Street (north side) beginning at a point approximately 240’ more or less, from the intersection of Main Street and Mechanic Street in an easterly direction; Mechanic Street (north side )from Mt. Pleasant Avenue easterly for a distance of 220’ more or less; Mechanic Street (south side) opposite Spruce Street easterly for 132’ more or less; Mechanic Street (north side) from 97 Mechanic Street easterly for 140’ more or less; also amend Section 13-51.3 “[Thirty-minute parking] At all times” is amended by inserting: Mechanic Street, beginning at pole #2 easterly for120’, more or less. The following ORDINANCE was read once and adopted as presented. Vt. 9 “yeas”. A hearing was set for November 8, 2004 at 7:40 P.M. Vt. 9/0 1st Reading Ordinance – amend Chapter 22 of the Revised Ordinances entitled “Zoning” by amending Section 22-26 “Table of Uses Temporary mobile or trailer homes” by deleting the Special Permit requirement by City Council (SPCC) and also adding Temporary use of a mobile or trailer home is allowed for residential purposes after a fire or other similar disaster; approval may be granted by the Director of Inspections for 30 days; the City Council may approve an additional 120 day period, followed by 60 day extensions, if necessary, not to exceed one year. The following ORDINANCE was read a second time, ADOPTED as presented and passed to be ordained. Vt. 7 “yeas” and 2 “nays”; Councillors Freda and Rosa opposed. The City of Leominster In the year Two Thousand and Four An Ordinance Amending Chapter 10 of the Revised Ordinances entitled “Hawkers and Peddlers.” Be it ordained by the City Council of the City of Leominster as follows: Section 10-8 of the Revised Ordinances entitled “sale or use of certain amusement products prohibited in public areas” is hereby amended by deleting the words “or other aerosol can amusement products” in subsection (b) and inserting in their place the following: Other aerosol can amusement products, toy guns, rifles, swords and all weapons. The following ORDINANCES were read a second time, ADOPTED as presented and passed to be ordained. Vt. 9 “yeas” The City of Leominster In the year Two Thousand and Four An Ordinance Amending Chapter 13 of the Revised Ordinances entitled “Motor Vehicles and Traffic.” Be it ordained by the City Council of the City of Leominster as follows: Section 13-77 of the Revised Ordinances entitled “Stop Signs” is hereby amended by inserting “Karen Street, at the intersection of Patricia Drive.” REGULAR MEETING OF THE CITY COUNCIL, October 25, 2004, continued The City of Leominster In the year Two Thousand and Four An Ordinance Amending Chapter 13 of the Revised Ordinances entitled “Motor Vehicles and Traffic.” Be it ordained by the City Council of the City of Leominster as follows: Section 13-88 of the Revised Ordinances entitled “Left Turn Prohibition” is hereby amended by inserting “Granite Street, eastbound to West Street westbound via cutoff.” Upon recommendation of the LEGAL AFFAIRS COMMITTEE, the following ORDINANCE was given FURTHER TIME. Vt. 9/0 2ND Reading Ordinance – Amend Chapter 21, Section 21-22.4 (b) entitled “Water and Sewer” by deleting the table contained in Section 21-22.4(b) in its entirety and inserting in its place the following.(Legal Affairs) Proposed Discharge/Day Rate Total Charges 1,000 gpd – 2,000 gpd $1.50 $1,500 - $3,000 2,001 gpd – 10,000 gpd $3,000. plus $1.00/gal $3,000 - $11,000 10,001 gpd – 50,000 gpd $11,000 plus $.50/gal. $11,000 -$20,000 50,001 gpd & over Flat Fee $25,000 The following ORDINANCE was read a second time, AMENDED, ADOPTED as AMENDED and passed to be ordained. Vt. 9 “yeas” Amended to add the word “to” before $2.30 The City of Leominster In the year Two Thousand and Four An Ordinance Amending Chapter 21 of the Revised Ordinances entitled “Water and Sewer.” Be it ordained by the City Council of the City of Leominster as follows: Chapter 21 of the Revised Ordinances entitled “Water and Sewer” is hereby amended in Section 21-22.3 by revising the sewer user rate schedule as follows: On January 1, 2005, the rate for “Residential (includes low strength industrial)” shall increase from $1.30 to $1.50; on July 1, 2005 and rate shall increase to $1.60; on July 1, 2006, said rate shall increase to $1.70. And said sewer rate schedule shall be further amended as follows: On January 1, 2005, the rate for “Out of City” shall increase from $1.90 to $2.10; on July 1, 2005 , said rate shall increase to $2.20; and on July 1, 2006, said rate shall increase to $2.30. The following ORDINANCE was read a second time, AMENDED, ADOPTED as AMENDED and passed to be ordained. Vt. 8 “yeas” and 1 “nay”; Councillor Rosa opposed. Ordinance amended to add “units” after domestic. The City of Leominster In the year Two Thousand and Four An Ordinance Amending Chapter 21 of the Revised Ordinances entitled “Water and Sewer.” Be it ordained by the City Council of the City of Leominster as follows: Chapter 21 of the Revised Ordinances entitled “Water and Sewer” is hereby amended by deleting the first sentence of Section 21-22.4(a) in its entirety and inserting in its place the following: All individual domestic units and condominium units will be charged one thousand dollars per connection. REGULAR MEETING OF THE CITY COUNCIL, October 25, 2004, continued Councillor Marchand, 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. Vt. 9/0 Committees report as follows. 18-05 Nancy Miller: Grant a Special Permit to construct a single family dwelling at 640 Willard Street, as shown on Assessors Map 503, lot 1, located in an Industrial Zone. GRANTED 9 “yeas” Under new business Councillor Freda said that the Breakfast of the Bands will be November 21, 2004 at Fitchburg High School. She said she is proposing that the City Council and the School Committee put in a joint ad. She said if anyone wants to get involved to let her know. MEETING ADJOURNED: 10:25 P.M. Ann B. Mahan, City Clerk and Clerk of the City Council

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