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City Council Minutes 12/21/2009
Monday evening, December 21, 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 December 7, 2009, as written.
ORDINANCES

#8147
On a motion by Councillor J. Cormier, seconded by Councillor Boudreau, it was unanimously voted on voice vote (Councillor Robinson absent) to order to Final Printing the following Ordinance:

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 9, Part 914 (6) to read as follows:

        Political Signs and Posters – Political signs and posters are allowed on private property.

In City Council – September 8, 2009
Ordered Printed – December 7, 2009
First Printing – December 11, 2009
Ordinance Passed – December 21, 2009
Presented to Mayor for Approval – December 22, 2009
Approved – December 22, 2009
MARK P. HAWKE, Mayor
Final Printing – December 29, 2009

#8290
On a motion by Councillor Jaillet, seconded by Councillor Anderson, 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:

                ELM STREET:     east side for entire length (6/16/52)

and inserting in place thereof the following:

Elm Street:     East side, from the southerly intersection of Pearl Street, Southerly a distance of 100 feet
East side, from the northerly intersection of Cross Street Northerly a distance of 30 feet
East side, from the southerly intersection of Edgell Street, southerly, a distance of 30 feet
East side, from the northerly intersection of Edgell Street, northerly, a distance of 30 feet
East side, from the Southerly intersection of Cherry Street, southerly, a distance of 30 Feet
East side, from the northerly intersection of Cherry Street, northerly, a distance of 30 feet
East side, from the intersection of Pearson Boulevard, northerly to a point 690 feet south of the southern intersection of Cross Street.~~~

and further amended by striking from Article VI section 3 (THIRTY MINUTE Parking) the following:

~~~~~~~~~~~~~~~~ Elm Street:    thence southerly for a distance of 300 feet. (3/7/94)

APPLICATIONS, PETITIONS, REMONSTRANCES, ETC.

#8287
On a motion by Councillor R. Cormier, seconded by Councillor Dembrosky, it was unanimously voted on voice vote (Councillor Robinson absent) to Order the following:

CITY OF GARDNER
NOTICE
SPECIAL STATE ELECTION

        TUESDAY, JANUARY 19, 2010
        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 December 21, 2009 meetings of the citizens of this City qualified to vote in the Special State Election 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, January 19, 2010 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 Election for the candidates 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.

           Per order of the City Council,

#8288
On a motion by Councillor Jaillet, seconded by Councillor Ares, it was unanimously voted on voice vote (Councillor Robinson absent) to grant renewal of the following Class I Motor Vehicle Dealers Licenses, said licenses expiring December 31, 2010:

  • Salvadore Auto Exchange, Inc., d/b/a Salvadore Chevrolet, 442 West Broadway
  • Salvadore Auto Exchange, Inc., d/b/a Salvadore Chrysler-Dodge, 442 West Broadway
#8289
On a motion by Councillor Jaillet, seconded by Councillor Minns, it was unanimously voted on voice vote (Councillor Robinson absent) to grant renewal of the following Class II Used Motor Vehicle Dealers Licenses, said licenses expiring December 31, 2010:

  • Auto Mart, 182 West Street
  • Charles Kuizinas, d/b/a Center Auto Sales, 381 East Broadway
  • Mark S. Babincsak, d/b/a Chair City Auto Sales, 144 Pearson Blvd.
  • Mark J. Russell, d/b/a Marco’s Motorsports, 412 Main Street
  • Michael Toth, d/b/a Mike’s Auto, 251 East Broadway
  • R&R Motors, 7 Donlan Street
  • Eric J. Hill, d/b/a Ric’s Radiator Repair Used car Sales, 800 West Broadway
  • Safe-Buy Auto Sales, 455 West Street
  • Salvadore Auto Exchange, Inc., d/b/a Salvadore Chevrolet, 442 West Broadway
  • T.J. & Sons Auto Repair & Towing, Inc., 537 West Broadway
REPORTS OF STANDING COMMITTEES

PUBLIC SAFETY COMMITTEE

#8275
On a motion by Councillor Jaillet, seconded by Councillor Ares, it was unanimously voted on voice vote (Councillor Robinson absent) to approve the application of Paul L. Roy, 55 Corey Hill Road, Ashburnham (ROYCO) to amend his existing License (currently 60,000 gallons) to 100,000 Gallons to store lubricants at 211 Colony Road, Gardner (Original License granted December 6, 1999).

FINANCE COMMITTEE

#8280
On a motion by Councillor R. Cormier, seconded by Councillor Dembrosky, on recommendation of the Finance Committee, it was unanimously voted on voice vote (Councillor Robinson absent) to order to First Printing the following Ordinance:

AN ORDINANCE AMENDING AN ORDINANCE RELATIVE TO LICENSES AND PERMITS OF DELINQUENT TAXPAYERS UNDER THE AUTHORITY OF SECTION 57 OF CHAPTER 40 OF THE GENERAL LAWS OF MASSACHUSETTS

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

That “An Ordinance Relative To Licenses and Permits of Delinquent Taxpayer Accounts Under the Authority of Section 57 of Chapter 40 of the General Laws of Massachusetts (Compilation of Ordinance No. 139) adopted by the City Council and several times amended be further amended as follows:

By striking “SECTION 5. and inserting the following:

SECTION 5.
The Mayor may waive such denial, suspension or revocation if he/she finds there is no direct or indirect business interest by the property owner, its officers or stockholders, if any, or members of his immediate family, as defined in section one of chapter two hundred and sixty-eight A in the business or activity conducted in or on said property.

By striking “SECTION 6. and inserting the following:

SECTION 6.
The provisions of this ordinance shall not apply to the following licenses and permits:
  • Open burning; Section 13 of Chapter 48;
  • Bicycle permits; Section 11A of Chapter 85;
  • Sale of articles for charitable purposes; Section 33 of Chapter 101;
  • Children work permits; Section 69 of Chapter 149;
  • Clubs, associations dispensing food or beverage license; Section 21E of Chapter 140;
  • Dog licenses; Section 137 of Chapter 140;
  • Fishing, hunting, trapping licenses; Section 1 of Chapter 131;
  • Marriage licenses; Section 28 of Chapter 207; and
  • Theatrical events, public exhibition permits; Section 181 of Chapter 140.
COUNCIL AS COMMITTEE OF THE WHOLE
#8284
On a motion by Councillor Anderson, seconded by Councillor Minns, it was unanimously voted on voice vote (Councillor Robinson absent) to remove from the Calendar the West Lynde Street Parking Lot License/Parking Ordinance.

UNFINISHED BUSINESS
#8171
On a motion by Councillor R. Cormier, seconded by Councillor Boudreau, it was unanimously voted on voice vote (Councillor Robinson absent) to remove from the Calendar An Act Exempting Certain Positions from Civil Service.
NEW BUSINESS

On a motion by Councillor J. Cormier, seconded by Councillor Boudreau, it was unanimously voted on a voice vote (Councillor Robinson absent) to consider new business.

On a motion by Councillor J. Cormier, seconded by Councillor Anderson, it was voted (Councillor Robinson absent) to adjourn at 7:55 o’clock p.m. after recitation of the Closing Prayer.

Accepted by the City Council: January 4, 2010                                          
       Date


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