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City Council Minutes 10/05/2009
Monday evening, October 5, 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 Jaillet and 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 (Councillors Jaillet and Robinson absent) to accept the Minutes of the Regular Meeting of September 21, 2009, as written.

APPOINTMENTS FROM THE MAYOR
#8227
On a motion by Councillor Anderson, seconded by Councillor Ares it was voted unanimously on voice vote (Councillors Jaillet and Robinson absent) to confirm the following appointment received from the Mayor: EDWARD M. GOSS as Member, Conservation Commission, for term expiring September 8, 2012.

#8250
On a motion by Councillor Boudreau, seconded by Councillor J. Cormier, it was unanimously voted on voice vote (Councillors Jaillet and Robinson absent) to confirm the following appointment received from the Mayor: TIMOTHY J. HORRIGAN as Member, Gardner Redevelopment Authority, for term expiring October 4, 2012 (to fill the unexpired term of James D. Murphy).

ORDINANCES BEFORE THE CITY COUNCIL

#8204
On a motion by Councillor Anderson, seconded by Councillor J. Cormier, it was unanimously voted on voice vote (Councillors Jaillet and Robinson absent) to send the following Ordinance to Final 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
        
In City Council – July 6, 2009
Ordered Printed – September 8, 2009
First Printing – September 15, 2009
Ordinance Passed – October 5, 2009
Presented to Mayor for Approval – October 6, 2009
Approved – October 8, 2009
MARK P. HAWKE, Mayor

#8241
On a motion by Councillor J. Cormier, seconded by Councillor Anderson, it was unanimously voted on voice vote (Councillors Jaillet and Robinson absent) to rescind the vote taken by the Council on September 8, 2009 ordering to a First Printing the following Ordinance:

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)

#8246
On a motion by Councillor R. Cormier, seconded by Councillor Dembrosky, it was unanimously voted on voice vote (Councillors Jaillet and Robinson absent) to send the following Ordinance to Final Printing:

        BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GARDNER AS FOLLOWS:  

        THAT AN ORDINANCE ESTABLISHING THE YEARLY SALARY OF THE MAYOR AS THEREAFTER AMENDED AND CONSOLIDATED WITH THE SEVERAL ORDINANCES ESTABLISHING YEARLY SALARIES FOR VARIOUS POSITIONS BE FURTHER AMENDED BY ADDING TO SECTION 2, THE FOLLOWING:


CIVIL CODE ENFORCEMENT HEARINGS OFFICER (G.L. c.148A, §5)
$2,500.00
CLERK OF THE COUNCIL (G.L. c.41, §19F)
$3,500.00
REGISTRARS OF VOTERS:  
            Clerk (G.L. c.41, §19G)
$50.00 PER THOUSAND REGISTERED VOTERS OR MAJOR FRACTION THEREOF
RETIREMENT BOARD:  
            Member ((G.L. c.32, §20(6A))
$3,000.00
           City Auditor (Ex-officio) (G.L. c.32, §20(6A))
$3,000.00
           City Treasurer                                      
300.00

In City Council – September 21, 2009
Ordered Printed – September 21, 2009
First Printing – September 25, 2009
Ordinance Passed – October 5, 2009
Presented to Mayor for Approval – October 6, 2009

The foregoing was laid before the Mayor on the 6th day of October, 2009, and after ten days it had the “force of the law” as prescribed under Section 30 of the Charter of the City of Gardner, as it was not returned with objections within that time.

APPLICATIONS, PETITIONS, REMONSTRANCES, ETC.
#8251
Councillor Dembrosky moved, seconded by Councillor Anderson, to refer back to the Finance Committee, the City Clerk’s request to fill a vacancy in the City Clerk’s Department.  By show of hands, four (4) in favor (Councillors Anderson, Dembrosky, Graves and Minns), five (5) opposed (Councillors Ares, Boudreau, J. Cormier, R. Cormier, and President Janssens), two (2) absent (Councillors Jaillet and Robinson), the motion to refer did not pass.  

On a motion by Councillor R. Cormier, seconded by Councillor Ares, it was voted on voice vote, seven (7) in favor (Councillors Ares, Boudreau, J. Cormier, R. Cormier, Graves, Minns, and President Janssens), two (2) opposed (Councillors Anderson and Dembrosky), two (2) absent (Councillors Jaillet and Robinson), on recommendation by a majority of the Finance Committee (Councillor Dembrosky dissenting), to authorize the City Clerk to fill the position of Administrative Clerk in the City Clerk’s Department.

#8252
On a motion by Councillor R. Cormier, seconded by Councillor Minns, on recommendation of the Finance Committee, it was unanimously voted on voice vote (Councillors Jaillet and Robinson absent) to adopt the following Order:
CITY OF GARDNER
NOTICE OF CITY ELECTION

TUESDAY, NOVEMBER 3, 2009
POLLS OPEN 10:00 A.M.                                           POLLS CLOSE 8:00 P.M.

        In accordance with the vote taken by the City Council on October 5, 2009, a Meeting of the Citizens of this City qualified to vote for City officers will be held on TUESDAY, the THIRD DAY of NOVEMBER 2009 for the purpose of casting their votes for the election of One Mayor for Two years; Six Councillors at Large for Two years; One Councillor in Ward One, One Councillor in Ward Two, One Councillor in Ward Three, One Councillor in Ward Four and One Councillor in Ward Five for Two Years; and Three School Committee Members at Large for Four Years, all terms beginning the first Monday in January 2010, as follows:

To vote for a person, fill in the oval at the right of the name.

CANDIDATES FOR MAYOR FOR TWO YEARS
        
                                                                        VOTE FOR ONE
        Mark P. Hawke, 985 West Broadway
        Colleen L. O’Neil-Laperriere, 96 Sunset Road    

CANDIDATES FOR COUNCILLOR AT LARGE FOR TWO YEARS
                                                                        VOTE FOR NOT
                                                                        MORE THAN SIX
Patrick Michael Gerry, 54 Glenwood Street
Joshua L. Cormier, 60 Temple Street
Alice P. Anderson, 34 Chapman Park
Scott J. Graves, 69 Lakeview Drive
Ronald F. Cormier, 55 Wickman Drive
Henry P. Ares, 228 Washington Street
Kim M. Dembrosky, 198 Century Way

CANDIDATES FOR WARD ONE COUNCILLOR
                                                                        VOTE FOR ONE
        Marc J. Morgan, 117 Central Street
Neil W. Janssens, 18 Westford Street

CANDIDATE FOR WARD TWO COUNCILLOR
                                                                        VOTE FOR ONE
        David T. Boudreau, 253 Fernwood Drive   

CANDIDATES FOR WARD THREE COUNCILLOR
                                                                        VOTE FOR ONE
        Edward A. Gravel, 410 West Street
        Eugene A. Gemborys, 60 Yale Street

CANDIDATE FOR WARD FOUR COUNCILLOR
                                                                        VOTE FOR ONE
        James J. Minns, 88 Maple Street

CANDIDATE FOR WARD FIVE COUNCILLOR
                                                                        VOTE FOR ONE
        James J. Robinson, Jr., 31 Lovewell Street


CANDIDATES FOR SCHOOL COMMITTEE MEMBER AT LARGE FOR FOUR YEARS

                                                                        VOTE FOR NOT
                                                                        MORE THAN THREE
        James S. Boone, 50 Ash Street
Christine A. Wilson, 41 Holly Drive
Matthew C.J. Vance, 73 Edgell Street

        It is further ordered that the meetings be held in the several polling places designated by this Council as follows:

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
        

        It is further ordered that the polls shall be open from 10:00 o’clock in the morning and close at 8:00 o’clock in the evening.

        Per order of the City Council.
        
UNFINISHED BUSINESS
#8147
President Janssens reported the Planning Board is expected to adopt a recommendation on a Zoning Ordinance Amendment for Political Signs at their next meeting on October 13, 2009.  The Planning Board is expected to submit its recommendation to the City Council for its Regular Meeting on October 19, 2009, with a Joint Public Hearing anticipated for November 16, 2009.

#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 (Councillors Jaillet and Robinson absent) to consider new business. 

On a motion by Councillor J. Cormier, seconded by Councillor Anderson, it was voted (Councillors Jaillet and Robinson absent) to adjourn at 8:08 o’clock p.m. after recitation of the Closing Prayer.


Accepted by the City Council: October 19, 2009
                                               Date


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