Monday evening, August 3, 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 – Nine members present, two absent (Councillors J. Cormier and Robinson). Councillor J. Cormier arrived at 7:35 p.m.
The Opening Prayer was recited in unison.
The Pledge of Allegiance was recited in unison.
ACCEPTANCE OF MINUTES
On motion made by Councillor Anderson, seconded by Councillor Graves, it was voted 10 yeas, 1 absent (Councillor Robinson) to accept the Minutes of the Regular Meeting of June 1, 2009 and the Special Meeting of July 20, 2009, as written.
CITY COUNCIL APPOINTMENT
#8266
Councillor R. Cormier nominated Charline Daigle as CITY TAX COLLECTOR for a 60-day period, term to expire on November 3, 2009. (First 60-Day appointment to expire on September 4, 2009).
On a motion by Councillor Minns, seconded by Councillor Ares, it was voted to close nominations.
On a voice vote, CHARLINE DAIGLE was elected CITY TAX COLLECTOR for a 60-Day term beginning September 5, 2009 and ending on November 3, 2009.
Councillor Anderson moved to reconsider and enter the vote electing CHARLINE DAIGLE as CITY TAX COLLECTOR.
On roll call, three yeas (Councillors Anderson, Dembrosky, and Jaillet), six nays (Councillors Ares, Boudreau, R. Cormier, Graves, Minns, and President Janssens), 2 absent (Councillors J. Cormier and Robinson); the motion to Reconsider and enter did not pass.
Councillor Dembrosky objected, citing Section 28 of the City Charter.
President Janssens called a recess at 7:35 P.M. to review Councillor Dembrosky’s objection.
President Janssens reconvened the meeting at 7:50 P.M.
President Janssens announced his ruling that Councillor Anderson’s motion to “reconsider and enter” effectively stopped execution of the vote, therefore, no vote by the Council was in order. (Councillor Anderson voted on the prevailing side).
Consequently, President Janssens ruled that Councillor Dembrosky’s objection was out of order.
[Pursuant to Chapter 10 of Demeter’s Manual of Parliamentary Law and Procedure, the matter will be scheduled for Reconsideration at the next Regular or Special meeting of the City Council].
APPOINTMENTS FROM THE MAYOR
#8209
On a motion by Councillor Ares, seconded by Councillor Boudreau, it was unanimously voted to confirm the following appointment received from the Mayor:
RICHARD REYNOLDS as Building Commissioner for term expiring August 3, 2012.
#8210
On a motion by Councillor Minns, seconded by Councillor Ares, it was unanimously voted to confirm the following appointment received from the Mayor:
RICHARD HANKS as Alternate Building Commissioner for term expiring August 3, 2010.
ORDERS BEFORE THE CITY COUNCIL
#8211
On a motion by Councillor R. Cormier, seconded by Councillor Dembrosky, it was voted on favorable recommendation of the Finance Committee, on roll call vote 10 yeas, 1 absent (Councillor Robinson) to pass the following order:
AN ORDER TRANSFERRING SUM OF MONEY FROM FIRE –OVERTIME TO FIRE-PRIVATES, SALARY AND LABOR ACCOUNT.
ORDERED:
That there be and is hereby transferred the sum of TWENTY-FIVE THOUSAND DOLLARS AND NO CENTS ($25,000.00) from Fire-Overtime to Fire-Privates Salary & Wages Account.
Presented to Mayor for approval August 4, 2009
Approved August 4, 2009
MARK P. HAWKE, Mayor
#8212
On a motion by Councillor R. Cormier, seconded by Councillor Dembrosky, it was voted on favorable recommendation of the Finance Committee, on roll call vote 10 yeas, 1 absent (Councillor Robinson) to pass the following order:
AN ORDER TRANSFERRING A SUM OF MONEY FROM ASSESSORS, PART-TIME SALARY TO VARIOUS ACCOUNTS FOR THE FISCAL YEAR BEGINNING JULY 1, 2008 TO JUNE 30, 2009.
ORDERED:
That there be and is hereby transferred the sum of ONE THOUSAND NINE HUNDRED TEN DOLLARS AND NO CENTS (1,910.00) from Assessors, Part-time Salary to the following accounts for the Fiscal Year beginning July 1, 2008 to June 30, 2009:
Public Works, Termination Leave: $ 373.00
Health, Part-Time Clerk Salary: $ 1,537.00
TOTAL: $ 1,910.00
Presented to Mayor for approval August 4, 2009
Approved August 4, 2009
MARK P. HAWKE, Mayor
#8213
On a motion by Councillor R. Cormier, seconded by Councillor Dembrosky, it was voted on favorable recommendation of the Finance Committee, on roll call vote 10 yeas, 1 absent (Councillor Robinson) to pass the following order:
AN ORDER TRANSFERRING A SUM OF MONEY FROM INSURANCES, UNEMPLOYMENT COMPENSATION TO STATE & COUNTY ASSESSMENTS, VARIOUS ACCOUNTS FOR THE FISCAL YEAR BEGINNING JULY 1, 2008 TO JUNE 30, 2009.
ORDERED:
That there be and is hereby transferred the sum of SIXTY THREE THOUSAND ONE HUNDRED FORTY DOLLARS AND NO CENTS ($63,140.00) from Insurances, Unemployment Compensation to the following State & County Assessments Accounts for the Fiscal Year beginning July 1, 2008 to June 30, 2009.
RMV NON-RENEWAL SURCHARGE $ 5,540.00
SPECIAL EDUCATION ASSESSMENT $13,219.00
SCHOOL CHOICE ASSESSMENT $44,381.00
TOTAL: $63,140.00
Presented to Mayor for approval August 4, 2009
Approved August 4, 2009
MARK P. HAWKE, Mayor
#8214
Councillor R. Cormier moved, seconded by Councillor Dembrosky, on recommendation of the Finance Committee, to pass the following order, amended, by deleting “Personnel Dept. V.I.P.S. Program $7,500.00”:
AN ORDER TO RAISE AND APPROPRIATE A SUM OF MONEY FOR THE VARIOUS DEPARTMENTS FOR THE EXPENSE BUDGET FOR THE FISCAL YEAR BEGINNING JULY 1, 2009 TO JUNE 30, 2010.
ORDERED:
To raise and appropriate for the expense of the City of Gardner for the Fiscal Year beginning July 1, 2009 to June 30, 2010 sums as designated below in the amount of SIXTY-ONE THOUSAND DOLLARS AND NO CENTS ($61,000.00)
Animal Control Repairs & Maintenance $ 1,000.00
Library Energy & Utilities $15,000.00
Library Office Supplies $ 1,000.00
Library Books & Periodicals $44,000.00
TOTAL $61,000.00
On roll call vote, 3 yeas (Councillors Ares, J. Cormier, and Minns), 4 nays (Councillors Anderson, Boudreau, Dembrosky, Jaillet), 3 abstentions (Councillors R. Cormier, Graves, and President Janssens) the motion failed.
#8215
On motion made by Councillor R. Cormier, seconded by Councillor J. Cormier, it was voted on favorable recommendation of the Finance Committee, on roll call vote 10 yeas, 1 absent (Councillor Robinson) to pass the following order:
AN ORDER TO RAISE AND APPROPRIATE A SUM OF MONEY FOR THE VARIOUS DEPARTMENTS FOR THE SALARY AND LABOR BUDGET FOR THE FISCAL YEAR BEGINNING JULY 1, 2009 TO JUNE 30, 2010.
ORDERED:
To raise and appropriate for the expense of the City of Gardner for the Fiscal Year beginning July 1, 2009 to June 30, 2010 sums as designated for the expenditures for the various departments, Salary and Labor budget, detailed below, in the amount of TWO HUNDRED TWENTY FOUR THOUSAND, FIVE HUNDRED SEVENTY-NINE DOLLARS ($224,579.00).
City of Gardner
FY2010 Supplemental Budget
11135 |
51012 |
City Auditor |
Clerk Salary & Wages |
$1,740.00 |
~ |
11135 |
51460 |
City Auditor |
Longevity |
200.00 |
$1,940.00 |
11138 |
51012 |
Purchasing |
Clerk Salary & Wages |
1,740.00 |
~ |
11138 |
51460 |
Purchasing |
Longevity |
200.00 |
1,940.00 |
11141 |
51012 |
Assessors |
Clerk Salary & Wages |
1,732.00 |
~ |
11141 |
51460 |
Assessors |
Longevity |
200.00 |
1,932.00 |
11145 |
51011 |
City Treasurer |
Assistant Salary & Wages |
1,785.00 |
~ |
11145 |
51460 |
City Treasurer |
Longevity |
400.00 |
2,185.00 |
11146 |
51012 |
Tax Collector |
Senior Account Clerk Salary & Wages |
1,740.00 |
1,740.00 |
11152 |
51460 |
Personnel |
Longevity |
200.00 |
200.00 |
11161 |
51011 |
City Clerk |
Assistant Salary & Wages |
1,785.00 |
~ |
11161 |
51012 |
City Clerk |
Senior Account Clerk Salary & Wages |
1,571.00 |
3,356.00 |
11182 |
51012 |
Community Development |
Clerk Salary & Wages |
1,710.00 |
~ |
11182 |
51460 |
Community Development |
Longevity |
200.00 |
1,910.00 |
11192 |
51016 |
City Hall Maintenance |
Custodian Salary & Wages |
3,416.00 |
3,416.00 |
12210 |
51012 |
Police |
Clerk Salary & Wages |
3,355.00 |
~ |
12210 |
51460 |
Police |
Longevity |
600.00 |
3,955.00 |
12220 |
51012 |
Fire |
Clerk Salary & Wages |
1,571.00 |
~ |
12220 |
51013 |
Fire |
Firefighters Salary & Wages |
98,451.00 |
~ |
12220 |
51050 |
Fire |
Holiday Pay |
12,531.00 |
~ |
12220 |
51090 |
Fire |
Clothing Allowance |
2,400.00 |
~ |
12220 |
51101 |
Fire |
College Credits |
1,940.00 |
~ |
12220 |
51104 |
Fire |
EMT Rating |
1,811.00 |
~ |
12220 |
51460 |
Fire |
Longevity |
200.00 |
118,904.00 |
12241 |
51012 |
Building Inspector |
Clerk Salary & Wages |
1,732.00 |
~ |
12241 |
51460 |
Building Inspector |
Longevity |
200.00 |
1,932.00 |
12290 |
51460 |
Animal Control |
Longevity |
200.00 |
200.00 |
14410 |
51011 |
Survey |
Clerk Salary & Wages |
1,571.00 |
~ |
14410 |
51020 |
Survey |
Engineers Salary & Wages |
2,199.00 |
~ |
14410 |
51460 |
Survey |
Longevity |
200.00 |
3,970.00 |
14421 |
51012 |
Public Works |
Clerk Salary & Wages |
1,785.00 |
~ |
14421 |
51013 |
Public Works |
Maintenance Crew Salary & Wages |
31,950.00 |
~ |
14421 |
51090 |
Public Works |
Clothing Allowance |
500.00 |
~ |
14421 |
51460 |
Public Works |
Longevity |
200.00 |
34,435.00 |
15512 |
51012 |
Health |
Clerk Salary & Wages |
1,732.00 |
~ |
15512 |
51460 |
Health |
Longevity |
200.00 |
1,932.00 |
15541 |
51012 |
Council on Aging |
Clerk Salary & Wages |
1,571.00 |
~ |
15541 |
51016 |
Council on Aging |
Custodian Salary & Wages |
1,735.00 |
~ |
15541 |
51460 |
Council on Aging |
Longevity |
400.00 |
3,706.00 |
15543 |
51460 |
Veterans |
Longevity |
200.00 |
200.00 |
16610 |
51460 |
Library |
Longevity |
2,200.00 |
2,200.00 |
16621 |
51460 |
Greenwood Pool |
Longevity |
305.00 |
305.00 |
16625 |
51012 |
Municipal Grounds |
Clerk Salary & Wages |
1,571.00 |
~ |
16625 |
51013 |
Municipal Grounds |
Maintenance Crew Salary & Wages |
31,950.00 |
~ |
16625 |
51090 |
Municipal Grounds |
Clothing Allowance |
500.00 |
~ |
16625 |
51460 |
Municipal Grounds |
Longevity |
200.00 |
34,221.00 |
~ |
~ |
~ |
~ |
~ |
~ |
~ |
~ |
~ |
~ |
~ |
~ |
~ |
~ |
~ |
~ |
$224,579.00 |
$224,579.00 |
Presented to Mayor for approval August 4, 2009
Approved August 4, 2009
MARK P. HAWKE, Mayor
#8216
On a motion by Councillor R. Cormier, seconded by Councillor Dembrosky, it was voted on favorable recommendation of the Finance Committee, on roll call vote 10 yeas, 1 absent (Councillor Robinson) to pass the following order:
AN ORDER TRANSFERRING A SUM OF MONEY FROM MAYOR’S UNCLASSIFIED, TERMINATION LEAVE RESERVE TO PLUMBING & GAS, TERMINATION LEAVE.
ORDERED:
That there be and is hereby transferred the sum of ONE THOUSAND TWO HUNDRED EIGHTY-NINE DOLLARS AND NO CENTS ($1,289.00) from Mayor’s Unclassified, Termination Leave Reserve to Plumbing & Gas, Termination Leave.
Presented to Mayor for approval August 4, 2009
Approved August 4, 2009
MARK P. HAWKE, Mayor
ORDINANCES BEFORE THE CITY COUNCIL
#8166
Councillor Jaillet moved, seconded by Councillor Ares, to order the following ordinance to a second and final printing:
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 by adding to ARTICLE VI, SECTION 2 (NO PARKING) the following:
CHESTNUT STREET both sides from Walnut Street to Cross Street
East side from Cross Street to Logan Street
and further amended by striking out from ARTICLE VI, SECTION 2 (ONE HOUR PARKING) the following:
CHESTNUT STREET in its entirety
Councillor Minns moved, seconded by Councillor J. Cormier, to refer the proposed ordinance to the Traffic Commission for further review. On a vote of 5 in favor, 5 opposed, the motion to refer did not pass.
President Janssens called for a vote on Councillor Jaillet’s motion to send the ordinance to a second and final printing.
On a vote by show of hands, 6 in favor, 4 opposed, the motion was adopted.
[On August 4, 2009, the Ordinance was laid before the Mayor for his approval. On August 10, 2009 at 11:39 A.M., the Ordinance was returned by the Mayor with his objections. The Mayor’s Objections shall be placed before the City Council and spread upon its records].
#8204
Zoning Ordinance Amendment - Scientific or Research Uses.
President Janssens announced that the Joint Public Hearing with the Planning Board is scheduled for Monday, August 17, 2009 at 6:00 P.M. in the City Council Chambers.
#8216A
Item #8216A was taken out of order as printed in the Calendar.
Councillor R. Cormier moved, seconded by Councillor Ares, to adopt the following Resolution:
RESOLUTION
WHEREAS, it is the opinion of the City Council of the City of Gardner that a reorganization of the Offices of the City Clerk/Collector of Taxes, City Treasurer, and Information Technology (“IT”) is in the best interest of the City.
Further, in the opinion of the City Council, the reorganization of said offices and departments shall serve to establish a single point of collections for the City, and action taken is granted the City Council pursuant to its authority under Section 10 of the Charter of the City of Gardner.
On a motion by Councillor Dembrosky, seconded by Councillor Anderson, it was voted 6 in favor, 4 opposed, to refer the matter for further discussion to the Council as a Committee of the Whole.
President Janssens announced an Informal meeting would be scheduled for August 31, 2009 at 6:00 P.M. to discuss the Reorganization. A Special Meeting would follow.
#8208
Councillor R. Cormier moved to send the Ordinance to a second and final printing, amended to delete the following clause: (*Includes compensation as defined by M.G.L., c. 41, §19F, §19G, & §19H).
The motion was seconded by Councillor J. Cormier, and on a vote of 9 yeas, 1 nay (Councillor Anderson), and 1 absent (Councillor Robinson), the following ordinance was adopted:
AN ORDINANCE RELATING TO THE CLASSIFICATION AND COMPENSATION OF OFFICERS, EMPLOYEES AND PERSONNEL OF THE POLICE AND FIRE DEPARTMENTS
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GARDNER AS FOLLOWS:
That “An Ordinance relating to the Classification and Compensation of Officers, Employees and Personnel of the Police and Fire Departments (Compilation of Ordinances No. 41) and amended several times thereafter be further amended by striking from SECTION VA – DEPARTMENT HEADS, the following:
POSITION
01/01/08
City Clerk/Tax Collector 65,000.00
And inserting in place thereof the following:
POSITION
07/01/2009 01/01/2010 07/01/2010
City Clerk 55,000.00 57,500.00 60,000.00
[On August 4, 2009, the Ordinance was laid before the Mayor for his approval. On August 10, 2009 at 11:37 A.M., the Ordinance was returned by the Mayor with his objections. The Mayor’s Objections shall be placed before the City Council and spread upon its records].
APPLICATIONS, PETITIONS, ETC.
#8217
On a motion by Councillor R. Cormier, seconded by Councillor J. Cormier, it was unanimously voted to authorize the City Auditor to fill the position of full-time Senior Account Clerk in the City Auditor’s Department.
#8218
On a motion by Councillor R. Cormier, seconded by Councillor Boudreau, it was unanimously voted to authorize the Chief of Police to fill two (2) part-time Dispatcher positions in the Police Department.
#8219
On a motion by Councillor R. Cormier, seconded by Councillor Graves, it was unanimously voted to authorize and direct the City Treasurer to establish a revolving fund in accordance with M.G.L. Chapter 44, section 53E ½ for preparation and production of Planning Board publications.
#8220
On a motion by Councillor R. Cormier, seconded by Councillor Minns, it was unanimously voted to authorize and direct the City Treasurer to establish a revolving fund in accordance with M.G.L. Chapter 44, section 53E ½ for costs associated with Gardner’s Summer Celebration.
#8221
On a motion by Councillor Minns, seconded by Councillor Boudreau, it was unanimously voted to authorize and direct the City Treasurer to establish a revolving fund in accordance with M.G.L. Chapter 44, section 53E ½ for costs associated with road resurfacing and maintenance.
#8222
On a motion by Councillor Boudreau, seconded by Councillor J. Cormier, it was unanimously voted to authorize and direct the City Treasurer to establish a revolving fund in accordance with M.G.L. Chapter 44, section 53E ½ for salaries and expenses for the High School Summer Football Camp.
#8223
On a motion by Councillor Anderson, seconded by Councillor Ares, it was unanimously voted to authorize and direct the City Treasurer to establish a revolving fund in accordance with M.G.L. Chapter 44, section 53E ½ for salaries and expenses for the Summer Basketball Camp.
#8224
On a motion by Councillor Jaillet, seconded by Councillor Dembrosky, it was unanimously voted to authorize and direct the City Treasurer to establish a revolving fund in accordance with M.G.L. Chapter 44, section 53E ½ for salaries and expenses relating to school transportation.
#8225
On a motion by Councillor Minns, seconded by Councillor Ares, it was unanimously voted to adopt the following Resolution:
ACQUISITION OF LAND FOR THE OTTER RIVER CONSERVATION AREA
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GARDNER AS FOLLOWS:
WHEREAS, the City of Gardner prepared an OPEN SPACE AND RECREATION PLAN in 2006; and
WHEREAS, the City of Gardner identified properties within the Watershed as priority properties for conservation land; and
WHEREAS, the 21.49 acres, along the Otter River, is ranked at number two on the priority list; and
WHEREAS, the City of Gardner received a $17,500 grant from the Executive Office of Environmental Affairs and a $17,500 grant from the Greater Gardner Industrial Corporation to acquire the 21.49 acre property;
NOW THEREFORE, the City Council hereby authorizes Mayor Mark P. Hawke to purchase from the Greater Gardner Industrial Foundation approximately 21.49 acres of land along the Otter River. Said property is recorded at the Worcester District Registry of Deeds in Plan Book 875, Plan 103.
REPORTS OF STANDING COMMITTEES
FINANCE COMMITTEE
#8171 - An Act Exempting Certain Positions from Civil Service.
There being no objection, the Finance Committee was granted more time to report on this item.
PUBLIC SAFETY COMMITTEE
#8203 – Amending Parking Ordinance – Various Sections.
On a motion by Councillor Jaillet, seconded by Councillor Anderson, it was voted 10 yeas, 1 absent (Councillor Robinson) to order the following ordinance printed:
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:
LIMERICK STREET: west side for entire length east side from Baker Street to utility pole numbered 2 or a distance of 100 feet east side between utility pole #4 and utility pole #5
and adding to Article Vi, Section 2 (NO PARKING) the following:
LIMERICK STREET: east side, entire length west side 20 feet from the intersection of Baker, Vaughn and Wright Streets.
and further amended by adding to ARTICLE VIII, SECTION 11 (STOP SIGNS) the following:
Charbonneau Street for traffic entering Baker Street
High Street for traffic entering Minott Road
Limerick Street for traffic entering Baker Street
Marquette Street for traffic entering Baker Street
Nichols Street for traffic entering Baker Street
Regan Street for traffic entering Baker Street
First Printing August 14, 2009
CITY SOLICITOR
#8165 – Home Rule Petition abolishing Primary Elections.
There being no objection, the City Solicitor was granted more time to report on this item.
PLANNING BOARD
#8147 – Amending Zoning Ordinance – Political Signs.
There being no objection, the Planning Board was granted more time to report on this item. President Janssens announced the City Council and Planning Board was awaiting a ruling from the City Solicitor on the process for re-introducing the proposed ordinance change, as the 65-day period required for holding a public hearing on the matter had elapsed.
On a motion by Councillor J. Cormier, seconded by Councillor Anderson, it was voted 10 yeas, 1 absent (Councillor Robinson) to consider new business.
President Janssens read aloud a letter from City Solicitor John M. Flick relative to the validity of a “present” vote of a Councillor.
On motion made by Councillor R. Cormier, seconded by Councillor Anderson, it was voted 10 yeas, 1 absent (Councillor Robinson) to adjourn at 9:03 o’clock p.m. after recitation of the Closing Prayer.
Accepted by the City Council: 9/8/2009
Date
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