Monday evening, November 2, 2009. Regular Meeting of the City Council held in the Council Chambers, City Hall.~ Meeting called to order by President Janssens at 7:30 o’clock p.m.
Roll call taken – Ten members present, one absent (Councillor Robinson).
The Opening Prayer was recited in unison.
The Pledge of Allegiance was recited in unison.
ACCEPTANCE OF MINUTES
On a motion by Councillor J. Cormier, seconded by Councillor Anderson, it was unanimously voted on voice vote (Councillor Robinson absent) to accept the Minutes of the Regular Meeting of October 19, 2009, as written.
PUBLIC HEARING
#8261
At 7:31 P.M., President Janssens opened the Public Hearing on Petition of Massachusetts Electric Company as follows:
Massachusetts Electric Company requests permission to locate poles, wires and fixtures, including the necessary sustaining and protecting fixtures, along and across the following public way:
Description: Clark Street: Install One (1) solely-owned pole on Clark Street beginning at a point approximately 603 feet west of the centerline of the intersection of Park Street.
Wherefore it prays that after due notice and hearing as provided by law, it may be granted permission to excavate the public highways and to run and maintain underground electric conduits, together with such sustaining and protecting fixtures as it may find necessary for the transmission of electricity, said underground conduits to be located substantially in accordance with the plan filed herewith marked:
Massachusetts Electric Company
No. C: 6061…………………………………………………………..………… Dated September 28, 2009
Your petitioner agrees to reserve space for one cross-arm at a suitable point on each of said poles for the fire, police, telephone, and telegraph signal wires belonging to the municipality and used buy it exclusively for municipal purposes.
SPEAKING IN FAVOR: David Bremner, National Grid (MECO)
Jeffrey A. Landry, Jr., 35 Clark Street (Abutter)
SPEAKING AGAINST: None.
President Janssens declared the Public Hearing closed at 7:33 P.M.
On a motion by Councillor R. Cormier, seconded by Councillor Jaillet, the foregoing Order was adopted unanimously on a voice vote (Councillor Robinson absent).
APPOINTMENTS
#8262
On a motion by Councillor Ares, seconded by Councillor J. Cormier, it was unanimously voted on voice vote (Councillor Robinson absent) to confirm the following appointment received from the Mayor:
DARLENE MORRILLY as Member, Board of Registrars, for term expiring April 1, 2012.
#8263
On a motion by Councillor R. Cormier, seconded by Councillor Minns, it was unanimously voted on voice vote (Councillor Robinson absent) to confirm the following appointment received from the Mayor:
EDWARD L. LEPKOWSKI as Member, Gardner Redevelopment Authority, for term expiring October 21, 2014.
ORDINANCES BEFORE THE CITY COUNCIL
#8256
On a motion by Councillor Minns, seconded by Councillor Boudreau, it was unanimously voted on voice vote (Councillor Robinson absent) to order to Final Printing the following Ordinance:
AN ORDINANCE REGULATING THE USE OF WATER FOR THE CITY OF GARDNER, THE INSTALLATION, CONNECTIONS, USE, SPECIFICATIONS, INSPECTIONS, FEES AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GARDNER AS FOLLOWS:
That “An Ordinance Regulating the Use of Water for the City of Gardner, the Installation, Connection, Use, Specifications, Inspections, Fees and Providing Penalties for Violations thereof” (Compilation of Ordinance No. 129) and amended several times thereafter, be further amended by striking from ARTICLE V - FEES & MISCELLANEOUS CHARGES, Section 6 - Fees and Miscellaneous Charges, the following:
3. The homeowner may have his water meter tested after he has paid the advance charge of $20.00. If the meter is found to be defective, the charge will be refunded.
5. Hours for service calls will be:
Monday - Thursday 7:00 a.m. - 3:00 p.m.
Friday 7:00 a.m. – 1:30 p.m.
6. Fees and Miscellaneous Charges
Meter Testing 20.00
Shutting off and turning on service for repairs on private property 40.00
Shutting off service and removing meter 50.00
(Includes shutting off for nonpayment)
Hydrant use - swimming pools 85.00
Hydrant use - construction and others 50.00/day
Charge for applying water liens on tax bills 25.00
And inserting in place thereof the following:
3. The homeowner may have his water meter tested after he has paid the advance charge of $40.00. If the meter is found to be defective, the charge will be refunded.
5. Hours for service calls will be:
Monday - Thursday 7:00 a.m. - 3:00 p.m.
Friday 7:00 a.m. - 12:30 p.m.
6. Fees and Miscellaneous Charges
Meter Testing 40.00
Shutting off and turning on service for repairs on private property 50.00
(Users allowed 1 a year-free)
Shutting off service and removing meter 75.00
(Includes shutting off for nonpayment)
Hydrant use - swimming pools Meter and Bill Water Only
Hydrant use - construction and others 150.00/day + Meter & Bill
Charge for applying water liens on tax bills 50.00
Final Readings/Administrative Fee for Property Closings 50.00
In City Council – October 19, 2009
Ordered Printed – October 19, 2009
First Printing – October 23, 2009
Ordinance Passed – November 2, 2009
Presented to Mayor for Approval – November 5, 2009
Approved – November 9, 2009
MARK P. HAWKE, Mayor
#8257
On a motion by Councillor Jaillet, seconded by Councillor Anderson, it was unanimously voted on voice vote (Councillor Robinson absent) to order to Final Printing the following Ordinance:
AN ORDINANCE AMENDING RULES, ORDERS AND ORDINANCES FOR THE REGULATION OF TRAFFIC FOR THE CITY OF GARDNER, MASSACHUSETTS
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GARDNER AS FOLLOWS:
That “Rules, Orders and Ordinances for the Regulation of Traffic for the City of Gardner, Massachusetts” (Compilation of Ordinances No. 48) and amended several times thereafter be further amended striking out from Article VI, Section 2 (NO PARKING) the following:
Pleasant Street: west side from driveway of 493 Pleasant Street, northwesterly for a distance of 165 feet.
~~~~~~~~~~~~~~~~~~~~~~~ east side entire length
and further amended by adding to Article VI section 2 (No Parking) the following:
Pleasant Street: west side, starting from a point 166 feet from the northwesterly intersection of Greenwood Street, then northeasterly a distance of 330 feet.
east side, from the intersection of Parker Street then southerly to a point 43 feet south of the Emerald ~Street intersection.
east side, from a point 313 feet southwest of the intersection of Emerald Street to the intersection of West Broadway.
In City Council – October 19, 2009
Ordered Printed – October 19, 2009
First Printing – October 23, 2009
Ordinance Passed – November 2, 2009
Presented to Mayor for Approval – November 5, 2009
Approved – November 9, 2009
MARK P. HAWKE, Mayor
APPLICATIONS, PETITIONS, REMONSTRANCES, ETC.
#8264
On a motion by Councillor R. Cormier, seconded by Councillor Ares, it was unanimously voted on voice vote (Councillor Robinson absent) to adopt Factor 1 for each class of Real Estate and Personal Property Tax Rate for Fiscal 2010.
UNFINISHED BUSINESS
#8147
Joint Public Hearing with the Planning Board is scheduled for November 16, 2009 at 7:00 P.M. in the Council Chambers on Amending Zoning Ordinance – Political Signs.
#8171
There being no objections, the City Solicitor was granted more time to prepare home rule legislation “Exempting Certain Positions from Civil Service”.
NEW BUSINESS
On a motion by Councillor J. Cormier, seconded by Councillor Anderson, it was voted on a voice vote (Councillor Robinson absent) to consider new business.
James David Murphy
On a motion by Councillor R. Cormier, seconded by Councillor Jaillet, it was unanimously voted on voice vote (Councillor Robinson absent) to send a letter of condolence to the family of the late James David Murphy expressing the Council’s deepest sympathy on their loss.
On a motion by Councillor J. Cormier, seconded by Councillor Anderson, it was voted (Councillors Jaillet and Robinson absent) to adjourn at 7:45 o’clock p.m. after recitation of the Closing Prayer.
Accepted by the City Council: November 16, 2009
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