Monday evening, October 19, 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 5, 2009, as written.
ORDERS BEFORE THE CITY COUNCIL
#8253
On a motion by Councillor R. Cormier, seconded by Councillor Dembrosky, on unanimous recommendation of the Finance Committee, it was voted on roll call vote ten (10) yeas, one (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 below for the expenditures of the various departments, Salary and Labor budgets, in the amount of THIRTY-FIVE THOUSAND, TWO HUNDRED ONE DOLLARS ($35,201.00):
Assessors Assessors Part-time Salary 4,001.00
City Treasurer Assistant Salary 7,500.00
Personnel Part-time Clerk Salary 6,700.00
License Commission License Commission Salary 1,700.00
Conservation Comm. Conservation Comm. Salary 3,700.00
Planning Board Planning Board Salary 3,200.00
Zoning Board Zoning Board Salary 2,200.00
Health Board Salary 3,500.00
Municipal Grounds Board Salary 2,700.00
#8254
On a motion by Councillor R. Cormier, seconded by Councillor Dembrosky, on unanimous recommendation of the Finance Committee, it was voted on roll call vote ten (10) yeas, one (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 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 for the expenditures of the various departments in the amount of ONE HUNDRED EIGHTY-FIVE THOUSAND, ONE HUNDRED DOLLARS ($185,100.00):
Assessors Valuation Update $40,000.00
Mayor’s Unclassified Land Acquisition 7,500.00
Animal Control Repairs & Maintenance 1,000.00
Veterans Cash Benefits 25,000.00
Employee Benefits Health Insurance 111,600.00
#8255
On a motion by Councillor R. Cormier, seconded by Councillor Dembrosky, on unanimous recommendation of the Finance Committee, it was voted on roll call vote ten (10) yeas, one (1) absent (Councillor Robinson) to pass the following order:
AN ORDER APPROPRIATING A SUM OF MONEY FROM RECEIPTS RESERVED, INSURANCE RECOVERIES TO MAYOR’S UNCLASSIFIED, ICE STORM EXPENSE
ORDERED:
To that there be and is hereby appropriated the sum of Forty Seven Thousand Ninety Six Dollars and Sixty Eight Cents ($47,096.68) from Receipts Reserved, Insurance Recoveries to Mayor’s Unclassified, Ice Storm Expense.
ORDINANCES BEFORE THE CITY COUNCIL
#8256
On a motion by Councillor Minns, seconded by Councillor Boudreau, on recommendation of the Service Committee, it was unanimously voted on voice vote (Councillor Robinson absent) to order to First 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
#8257
On a motion by Councillor Jaillet, seconded by Councillor Graves, on recommendation of the Safety Committee, it was unanimously voted on voice vote (Councillor Robinson absent) to order to First 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.
APPLICATIONS, PETITIONS, REMONSTRANCES, ETC.
#8258
On a motion by Councillor R. Cormier, seconded by Councillor Minns, on recommendation of the Finance Committee, it was unanimously voted on voice vote (Councillor Robinson absent) to adopt the following Order:
CITY OF GARDNER
NOTICE
SPECIAL STATE PRIMARY
TUESDAY, December 8, 2009
POLLS OPEN 7:00 O'CLOCK A.M. POLLS CLOSE 8:00 O'CLOCK P.M.
In accordance with the vote taken by the City Council on October 19, 2009, meetings of the citizens of this City qualified to vote in the Special State Primaries will be held in the several polling places designated by this Council as follows:
WARD 1, PREC. A – Elk’s Home, 31 Park Street
WARD 1, PREC. B _ Elk’s Home, 31 Park Street
WARD 1, PREC. C - Elk’s Home, 31 Park Street
WARD 2, PREC. A – Levi Heywood Memorial Library, 55 W. Lynde Street
WARD 2, PREC. B _ Levi Heywood Memorial Library, 55 W. Lynde Street
WARD 3, PREC. A – Acadian Social Club, 193 Parker Street
WARD 3, PREC. B _ High Rise (Lounge Area) 116 Church Street
WARD 4, PREC. A _ Sacred Heart Church Hall, 166 Cross Street
WARD 4, PREC. B _ Sacred Heart Church Hall, 166 Cross Street
WARD 5, PREC. A _ Knights of Columbus, 110 South Main Street
WARD 5, PREC. B _ Knights of Columbus, 110 South Main Street
On TUESDAY, December 8, 2009 from 7:00 o'clock a.m. to 8:00 o'clock p.m. for the following purpose:
To cast their votes in the Special State Primaries for the candidates of political parties for the following office:
Senator in Congress……………………….………for this Commonwealth
It is further ordered that the polls shall be open at 7 o'clock in the morning and close at 8:00 o'clock in the evening.
#8259
On a motion by Councillor R. Cormier, seconded by Councillor Anderson, it was unanimously voted on voice vote (Councillor Robinson absent) to place on file the City Solicitor’s Opinion letter dated October 14, 2009 relative to West Lynde Street Parking Lot License.
#8260
On a motion by Councillor R. Cormier, seconded by Councillor J. Cormier, it was unanimously voted on voice vote (Councillor Robinson absent) to approve an amendment to House Bill 612, An Act Authorizing the City of Gardner to Convey Certain Park Land, as recommended by Senate Counsel and the Executive Office of Environmental Affairs, as follows:
Amend the bill (House, No. 612), in section 2, by striking out, in lines 24 to 27, inclusive, the words “and
(2) Said dwelling units shall be sold or leased by the Greater Gardner Community Development Corporation to individuals who: reside in the city of Gardner; have parents or siblings who reside in the city of Gardner; or work in the city of Gardner” and inserting in place thereof the following 2 clauses:-
(2) The dwelling units shall be sold or leased by the Greater Gardner Community Development Corporation to individuals who: reside in the city of Gardner; have parents or siblings who reside in the city of Gardner; or work in the city of Gardner; and
(3) As a condition of the conveyance, the city of Gardner shall transfer a parcel of land under the care, custody, management and control of the City Council and dedicated for general municipal purposes to the conservation commission or park commission and such parcel shall be dedicated for conservation or park purposes. If no suitable parcel can be transferred to the conservation commission, the city shall acquire a parcel of land or a conservation restriction upon private or public land as defined at section 31 of chapter 184 of the General Laws. Such land shall be dedicated or restricted to conservation or park purposes and under the jurisdiction of the conservation commission or park commission. The parcel dedicated pursuant to this section, shall be of equal or greater size and value
for conservation or park purposes when compared to the parcel described in section 1. If the land conveyed ceases to be used for the purposes described in section 1, the land shall revert to the city of Gardner for public park purposes.
UNFINISHED BUSINESS
#8147
On a motion by Councillor R. Cormier, seconded by Councillor Minns, it was unanimously voted on voice vote (Councillor Robinson absent) to schedule a Joint Public Hearing with the Planning Board on 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.
Templeton Developmental Center
On a motion by Councillor R. Cormier, seconded by Councillor Ares, it was unanimously voted on voice vote (Councillor Robinson absent) to send a letter to the Templeton Board of Selectmen expressing support for their position opposing the proposed closing of the Templeton Developmental Center, with copies of the letter sent to State Representatives Robert Rice and Anne Gobi, and State Senators Jennifer Flanagan and Stephen Brewer.
North Central Correctional Institution (NCCI) Gardner
On a motion by Councillor Ares, seconded by Councillor Jaillet, it was unanimously voted on voice vote (Councillor Robinson absent) to send letters to Representatives Robert Rice and Anne Gobi, Senators Jennifer Flanagan and Stephen Brewer, Governor Patrick, and the Massachusetts Department of Correction expressing vehement opposition to the possible closing of NCCI-Gardner.
On a motion by Councillor J. Cormier, seconded by Councillor Anderson, it was voted (Councillors Jaillet and Robinson absent) to adjourn at 8:00 o’clock p.m. after recitation of the Closing Prayer.
Accepted by the City Council: November 2, 2009
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