Tuesday evening, September 8, 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 voted (Councillor Robinson absent) to accept the Minutes of Regular Meeting of August 3, 2009, Joint Public Hearing of August 17, 2009, Informal Meeting of August 31, 2009, and Special Meeting of August 31, 2009, as written.
PRESENTATION BY THE MAYOR
At 7:31 P.M., Council President Janssens recognized Mayor Hawke, who addressed the City Council concerning the realignment of the offices of the City Clerk, City Treasurer, Collector of Taxes, and Information Technology (#8216a). Further, the Mayor addressed the Heywood Memorial Library FY2010 Supplemental Budget Order that was before the City Council (#8238). The Mayor concluded his remarks at 7:37 P.M.
APPOINTMENTS FROM THE MAYOR
#8228
On a motion by Councillor Ares, seconded by Councillor J. Cormier, it was voted (Councillor Robinson absent) to confirm the following appointment received from the Mayor:
ANTHONY ASMAR as Alternate Member, Zoning Board of Appeals for term expiring 9/8/2012.
#8229
On a motion by Councillor R. Cormier, seconded by Councillor Minns, it was voted (Councillor Robinson absent) to confirm the following appointment received from the Mayor:
WAYNE GALLANT as Alternate Member, Zoning Board of Appeals for term expiring 9/8/2012.
ORDERS BEFORE THE CITY COUNCIL
#8238
It was moved by Councillor R. Cormier and duly seconded, on a recommendation of the majority of the Finance Committee, to pass the following order:
AN ORDER TO RAISE AND APPROPRIATE A SUM OF MONEY FOR THE VARIOUS LIBRARY ACCOUNTS 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 THOUSAND DOLLARS AND NO CENTS ($60,000.00)
Library Energy & Utilities $15,000.00
Library Office Supplies $ 1,000.00
Library Books & Periodicals $44,000.00
Councillor Ronald Cormier stated, for the record, his ability to vote on this budget order, as well as that of President Janssens, notwithstanding their membership on the Board of Trustees of the Levi Heywood Memorial Library. He cited legal opinions from both the City Solicitor and the State Ethics Commission that permitted their participation in this matter.
Councillor Graves stated, for the record, he tendered his resignation that day from the Heywood Library Board of Trustees, and filed with the City Clerk a Public Disclosure, pursuant to the provisions of General Law, Chapter 268A, section 23(b)(3).
On roll call vote, 7 yeas (Councillors Ares, Boudreau, J. Cormier, R. Cormier, Graves, Minns, and President Janssens), 3 nays (Councillors Anderson, Dembrosky, and Jaillet), one absent (Councillor Robinson), the order passed.
Presented to Mayor for approval September 9, 2009
Approved September 10, 2009
MARK P. HAWKE, Mayor
ORDINANCES BEFORE THE CITY COUNCIL
#8147
On a motion by Councillor J. Cormier, seconded by Councillor Boudreau, it was voted (Councillor Robinson absent) to refer Amending Zoning Ordinance – Political Signs to the Planning Board for its recommendation.
#8166
Veto of Amendment to Traffic Ordinance – No Parking - Chestnut Street
[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]
Councillor Jaillet moved, seconded by Councillor Anderson, to override the Mayor’s veto of the following:
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
On a motion by Councillor Boudreau, seconded by Councillor Ares, it was voted by show of hands, 6 yeas, 4 nays, 1 absent (Councillor Robinson) to postpone action until the September 21, 2009 Meeting.
#8203
On a motion by Councillor Jaillet, seconded by Councillor Ares, it was voted (Councillor Robinson absent) to order the following Ordinance to a Second and Final printing, amended to restrict parking on both sides of Limerick Street:
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: 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
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
In City Council – July 6, 2009
Ordered Printed – August 3, 2009
First Printing – August 14, 2009
Ordinance Passed – September 8, 2009
Presented to Mayor for Approval – September 14, 2009
Approved – September 15, 2009
MARK P. HAWKE, Mayor
#8204
On motion by Councillor R. Cormier, seconded by Councillor Anderson, it was voted on a voice vote to send the following Ordinance to First Printing:
AN ORDINANCE AMENDING AN ORDINANCE ESTABLISHING THE BOUNDARIES OF THE DISTRICTS OF THE CITY WITH REGULATIONS AND RESTRICTIONS TO BE ENFORCED AND TO BE KNOWN AS THE ZONING ORDINANCE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GARDNER AS FOLLOWS:
That “An Ordinance Establishing the Boundaries of the Districts of the City with Regulations and Restrictions to be enforced and to be known as the Zoning Ordinance” (Compilation of Ordinances No. 62) adopted by the City Council December 9, 1970 and amended several times thereafter be further amended as follows:
By amending Zoning Ordinance Section 415 (64) TABLE OF USES, within Industrial 1 and Industrial 2 Districts, as follows:
Description of Use |
IND. 1 |
IND. 2 |
64. Scientific or research laboratory |
P |
P |
#8230
On a motion by Councillor Jaillet, seconded by Councillor J. Cormier, it was voted (Councillor Robinson absent) to send the following Ordinance to First 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 striking out from Article V, Section 5 (Parking Meters) the following:
Main Street:~East side, 63 feet~north of pole 8, then northerly to West Lynde Street
Main Street: West side, 126 feet south from City Hall Avenue, then southerly to 151 Main Street (present meter #187)
and adding to Article V, Section 5 (PARKING METERS) the following:
Main Street: East side, from a point 60 feet north of the northerly intersection of Willow Street, then northerly to West Lynde Street.
Main Street: West side, 126 feet south from the intersection of City Hall Avenue, then southerly to a point 20 feet north of the northerly intersection of Willow Street.
#8239 and #8240
President Janssens asked to take up these two items later in the meeting. There was no objection.
APPLICATIONS, PETITIONS, REMONSTRANCES, ETC.
#8231
On a motion by Councillor R. Cormier, seconded by Councillor J. Cormier, it was voted (Councillor Robinson absent) as follows:
VOTED: In accordance with the provisions of Section 24 of Chapter 54 of the Massachusetts General Laws, the City Council hereby designates the following polling locations for the November 3, 2009 City Election:
Ward 1, Precinct A – Elk’s Home, 31 Park Street
Ward 1, Precinct B – Elk’s Home, 31 Park Street
Ward 1, Precinct C – Elk’s Home, 31 Park Street
Ward 2, Precinct A – Levi Heywood Memorial Library, 55 W. Lynde Street
Ward 2, Precinct B – Levi Heywood Memorial Library, 55 W. Lynde Street
Ward 3, Precinct A – Acadien Social Club, 193 Parker Street
Ward 3, Precinct B – High Rise (Lounge Area) 116 Church Street
Ward 4, Precinct A – Sacred Heart Church Hall, 166 Cross Street
Ward 4, Precinct B – Sacred Heart Church Hall, 166 Cross Street
Ward 5, Precinct A – Knights of Columbus, 110 South Main Street
Ward 5, Precinct B – Knights of Columbus, 110 South Main Street.
Further, pursuant to the provisions of Section 64 of Chapter 54 of the Massachusetts General Laws, the polls shall open at 10:00 A.M. and close at 8:00 p.m.
#8232
On a motion by Councillor Ares, seconded by Councillor Minns, it was voted (Councillor Robinson absent) as follows:
ORDERED: Pursuant to its authority under Section 22 of Chapter 40 of the General Laws and City of Gardner Ordinance No. 48, the City Council orders and directs the closure of a portion of the public way known as Parker Street, beginning at the intersection of Graham Street and Connors Street westerly along Parker Street to the most westerly corner of the building known as the Ale House, located at 74 Parker Street, for the “Oktoberfest” Event. The public way shall be closed at 9:00 A.M. on Saturday, September 26, 2009 and re-open to vehicular traffic at 1:00 A.M. on Sunday, September 27, 2009.
#8234
On a motion by Councillor Minns, seconded by Councillor Boudreau, it was voted (Councillor Robinson absent) to adopt the following RESOLUTION:
WHEREAS, in the opinion of the City Council of the City of Gardner that the intent and purpose of the Community Development Housing Rehabilitation Program is to maintain safe, affordable housing units for low to moderate income families by financially assisting owners of such properties, it is therefore resolved that:
The Mayor is duly authorized to execute the Subordination for case #01-127 in amount of $25,760 subject to review and approval as to form by the City Solicitor. The term of the loan is 15 years expiring on November 5, 2017.
#8235
On a motion by Councillor Minns, seconded by Councillor Boudreau, it was voted (Councillor Robinson absent) to adopt the following RESOLUTION:
WHEREAS, in the opinion of the City Council of the City of Gardner that the intent and purpose of the Community Development Housing Rehabilitation Program is to maintain safe, affordable housing units for low to moderate income families by financially assisting owners of such properties, it is therefore resolved that:
The Mayor is duly authorized to execute the Subordination for case #06-184 in amount of $46,157.50 subject to review and approval as to form by the City Solicitor. The term of the loan is 15 years expiring on October 9, 2022.
REPORT OF STANDING COMMITTEES
COUNCIL AS COMMITTEE OF THE WHOLE
#8216a
Councillor Dembrosky moved, seconded by Councillor J. Cormier, to rescind the vote taken by the Council at its Special Meeting on August 31, 2009. The text of the vote, in the form of a Resolution, read as follows:
Resolved, 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, and requests that the Mayor present a plan to the Council on September 8, 2009.
On roll call, 2 yeas (Councillors Anderson and Dembrosky), 8 nays (Councillors Ares, Boudreau, J. Cormier, R. Cormier, Graves, Jaillet, Minns, and President Janssens), 1 absent (Councillor Robinson), the motion to rescind was defeated.
#8226
Councillor Boudreau nominated Charline Daigle as CITY COLLECTOR OF TAXES for the term expiring January 4, 2010 (to fill the unexpired term of Kathleen Lesneski).
On a motion by Councillor Jaillet, seconded by Councillor R. Cormier, it was voted to close nominations.
On roll call, 10 Councillors declaring their vote for CHARLINE DAIGLE, 1 absent (Councillor Robinson), CHARLINE DAIGLE was elected CITY COLLECTOR OF TAXES for the term expiring January 4, 2010.
#8239
On a motion by Councillor R. Cormier, seconded by Councillor J. Cormier, it was voted (Councillor Robinson absent) to send the following Ordinance to First Printing:
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
#8240
On a motion by Councillor R. Cormier, seconded by Councillor Boudreau, it was unanimously voted to send the following Ordinance to First Printing:
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:
SECTION VA - DEPARTMENT HEADS
POSITION
01/01/2008
City Treasurer $65,000.00
And inserting in place thereof the following:
POSITION
07/01/2009
City Collector/Treasurer $72,500.00
UNFINISHED BUSINESS
#8165
On a motion by Councillor R. Cormier, seconded by Councillor Areas, it was voted (Councillor Robinson absent) to remove from the Calendar a request to the City Solicitor to draft a Home Rule Petition abolishing Preliminary Elections.
#8171
There being no objection, 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 (Councillor Robinson) to consider new business.
#8241
On a motion by Councillor J. Cormier, seconded by Councillor Graves, it was voted (Councillor Robinson absent) to send the following Ordinance to First Printing:
AN ORDINANCE AMENDING AN ORDINANCE ESTABLISHING LICENSE, PERMIT AND OTHER FEES AND CHARGES FOR THE CITY OF GARDNER, MASSACHUSETTS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GARDNER AS FOLLOWS:
That “An Ordinance Establishing Fees and Charges for the City of Gardner” (Compilation of Ordinance No. 94) and amended several times thereafter, be amended by inserting the following:
Zoning Board of Appeals
For a Variance Application $200.00 per application
For a Special Permit Application $200.00 per application
For Publication in newspaper $150.00 per application
For Continuance Publication $150.00 per Continuance (at Applicant’s request)
#8242
On motion by Councillor Jaillet, seconded by Councillor Anderson, it was unanimously voted to send the following Traffic Ordinance to First 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 inserting under Article V, Section 5 (Parking Meters), the following:
Central Street:~ south side from a point 104 feet east of the eastern intersection of Pine Street, then easterly a distance of 80 feet (four spaces).
And further amended by inserting under Article VI, Section 2 (No Parking), the following:
Central Street:~ south side, from the eastern intersection of Pine Street, then easterly a distance of 50 feet.
South side, from a point 184 feet~ east of the intersection of Pine Street then easterly to the western intersection of Maple Street
Allen Street: north side from the westerly intersection of Stuart Street, then westerly a distance of 150 feet.
Cross Street: north side, from the intersection of Elm Street, then easterly a distance of 331 feet.
And further amended by inserting under Article VI Section 7 (Bus Stop), the following:
Cross Street: School Buses only, South side, from the easterly intersection of Elm Street, then easterly a distance of 235 feet.
And further amended by inserting under Article VI, Section 9 (Service Zones), the following:
Central Street: south side 50 feet east of the eastern intersection of Pine Street, then easterly a distance of 54 feet
And further amended by striking from Article VI, Section 3 (One Hour Parking), the following:
Central Street: south side between Pine Street and Maple Street.
south side easterly from Chestnut Street a distance of 95 feet, angular parking only.
north side from Green Street westerly to Woodland Avenue
north side from intersection of Park~Street to intersection of Lakewood Terrace.
And further amended by striking from Article VI, Section 2 (No Parking) the following:
Central Street: north side, 110 feet from Green Street westerly.
north side between Pine Street and Cottage Street.
south side from Maple Street easterly for a distance of 100 feet.
south side from Maple Street easterly for 33 feet to handicapped parking;~ from handicapped parking to School~Street.
north side from Lakewood Terrace westerly to Park~Street.
And further amended by inserting under Article VI, Section 2, (No Parking) the following:
Central Street: south side from the easterly intersection of School Street, then easterly a distance of 183 feet.
south Side from the eastern intersection of Maple Street then easterly a distance of 375 feet.
north Side from the westerly intersection of Woodland Avenue distance of 168 feet.
north side from a point 228 feet west of the westerly intersection of Woodland Avenue, then westerly a distance of 495 feet.
north Side from pole 12,~westerly a distance of 45 feet.
north side from a point 85 feet west from pole 12, westerly to the intersection of Park Street.
And further amended by inserting under Article VII, Section 1 (One Way Streets), the following:
Vernon Street: northerly from Central Street to Park Street.
Osgood Street: southerly from Park Street to Richmond Street
And further amended by adding Article VI, Section 14 (Drop off Zone Only During School Hours), the following:
Cross Street: south side from a point 235 feet east of the intersection of Elm Street, then easterly a distance of 96 feet (four spaces)
On a motion by Councillor J. Cormier, seconded by Councillor Anderson, it was voted (Councillor Robinson absent) to adjourn at 8:50 o’clock p.m. after recitation of the Closing Prayer.
Accepted by the City Council: 9/21/2009
Date
| 
