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City Council Minutes 02/01/2010
Monday evening, February 1, 2010.  Regular Meeting of the City Council held in the Council Chambers, City Hall.~ Meeting called to order by Council President Neil Janssens at 7:30 o’clock p.m.

Roll call taken – Ten (10) members present, one (1) unsworn (Councillor-Elect James Robinson, Jr.).

The Opening Prayer was recited in unison.

The Pledge of Allegiance was recited in unison.

ACCEPTANCE OF MINUTES

On a motion by Councillor Joshua Cormier, seconded by Councillor Alice Anderson, it was voted on voice vote ten (10) yeas, one (1) unsworn (Councillor-Elect James Robinson, Jr.) to accept the Minutes of the Regular Meeting of January 19, 2010, as written.

APPOINTMENTS FROM THE MAYOR

#8310
On a motion by Councillor Ronald Cormier, seconded by Councillor Joshua Cormier, it was voted on voice vote, ten (10) yeas, one (1) unsworn (Councillor-Elect James Robinson, Jr.) to confirm the following appointment received from the Mayor:

        REVEREND JAMES E. HINDS, Trustee, The Severy School.

ORDERS FROM THE MAYOR

#8311
On a motion by Councillor Ronald Cormier, seconded by Councillor Alice Anderson, it was voted on roll call, ten (10) yeas, one (1) unsworn (Councillor-Elect James Robinson, Jr.), on recommendation of the Finance Committee, to pass the following order:

AN ORDER APPROPRIATING A SUM OF MONEY FROM INSURANCE RECOVERIES OVER $20,000.00 TO MAYOR’S UNCLASSIFIED, ICE STORM EXPENSE.

ORDERED:  That there be and is hereby appropriated the sum of One Thousand Nine Hundred Sixty-Three Dollars and No Cents ($1,963.00) from Insurance Recoveries over $20,000.00 to Mayor’s Unclassified, Ice Storm Expense.

#8312
On a motion by Councillor Ronald Cormier, seconded by Councillor Alice Anderson, it was voted on roll call, ten (10) yeas, one (1) unsworn (Councillor-Elect James Robinson, Jr.), on recommendation of the Finance Committee, to pass the following order:

AN ORDER APPROPRIATING A SUM OF MONEY FROM FREE CASH TO POLICE, NEW VEHICLES.

ORDERED:  That there be and is hereby appropriated the sum of Sixty Thousand Dollars and No Cents ($60,000.00) from Free Cash to Police, New Vehicles

#8313
On a motion by Councillor Ronald Cormier, seconded by Councillor Alice Anderson, it was voted on roll call, ten (10) yeas, one (1) unsworn (Councillor-Elect James Robinson, Jr.), on recommendation of the Finance Committee, to pass the following order:

AN ORDER APPROPRIATING A SUM OF MONEY FROM FREE CASH TO VARIOUS GREENWOOD POOL ACCOUNTS.

ORDERED: That there be and is hereby appropriated the sum of Twenty Thousand Dollars and No Cents ($20,000.00) from Free Cash to the following Greenwood Pool Accounts:

                Repairs & Maintenance           $ 7,000.00
                Energy & Utilities                       13,000.00
                Total                                   $20,000.00

#8314
On a motion by Councillor Ronald Cormier, seconded by Councillor Alice Anderson, it was voted on roll call, ten (10) yeas, one (1) unsworn (Councillor-Elect James Robinson, Jr.), on recommendation of the Finance Committee, to pass the following order:

AN ORDER APPROPRIATING A SUM OF MONEY FROM FREE CASH TO VARIOUS CIVIL DEFENSE ACCOUNTS.

ORDERED:  That there be and is hereby appropriated the sum of Three Thousand Nine Hundred Six Dollars and No Cents ($3,906.00) from Free Cash to the following Civil Defense Accounts:

        Department Head Salary                  $2,906.00
        Minor Equipment                           1,000.00
                Total                                   $3,906.00

#8315
On a motion by Councillor Ronald Cormier, seconded by Councillor Alice Anderson, it was voted on roll call, ten (10) yeas, one (1) unsworn (Councillor-Elect James Robinson, Jr.), on recommendation of the Finance Committee, to pass the following order:

AN ORDER APPROPRIATING A SUM OF MONEY FROM FREE CASH TO STABILIZATION FUND.

ORDERED:  That there be and is hereby appropriated the sum of Eighty Six Thousand Five Hundred Sixteen Dollars and No Cents ($86,516.00) from Free Cash to Stabilization Fund.


ORDINANCES
#8304
On a motion by Councillor Alice Anderson, seconded by Councillor Henry Ares, it was voted on voice vote, ten (10) yeas, one (1) unsworn (Councillor-Elect James Robinson, Jr.), to order to Final Printing the following Ordinance:

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                          1/07/2008             1/04/2010
City Solicitor                    69,500.00             50,000.00

And inserting in place thereof the following:

POSITION                          1/04/2010             1/02/2012
               City Solicitor                    69,500.00             50,000.00
                        
And be further amended by striking from SECTION VI-A – UNION & NON-UNION DIRECT & SUPERVISORY STAFF, the following:

POSITION                           1/07/2008            1/04/2010
Assistant City Solicitor                    38,416.00           27,916.00

And inserting in place thereof the following:

POSITION                           1/04/2010            1/02/2012
Assistant City Solicitor                    38,416.00           27,916.00

In City Council – January 19, 2010
Ordered Printed – January 19, 2010
First Printing – January 22, 2010
Ordinance Passed – February 1, 2010
Presented to Mayor for Approval – February 2, 2010
Approved – February 2, 2010
MARK P. HAWKE, Mayor
Final Printing – February 8, 2010


#8309
On a motion by Councillor Joshua Cormier, seconded by Councillor David Boudreau, it was voted on voice vote, ten (10) yeas, one (1) unsworn (Councillor-Elect James Robinson, Jr.), to order to Final 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 by deleting from Article V Section 7(b) the following:

George Sweeney Park, Prospect Street Parking Lot and West Lynde Street Parking Lot North (3/18/2002).

And be further amended by inserting under Article V, Section 7(d) Designated Overnight Parking Area, the following:

George Sweeney Park: all spaces
Prospect Street Parking Lot:~    all spaces along west~boundary of lot

And be further amended by deleting from Article VI, Section 9 (Service Zones), the following:
        
        East Broadway: north side at 22 East Broadway for a distance of 32 feet (5/6/68)

And be further amended by establishing Article VI, Section 3I.  Police Vehicle Parking Only and by inserting thereof the following:

             City Hall Avenue: north side,130 feet west of the western intersection of Pleasant Street, then westerly a distance of~ 20 feet.~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~

APPLICATIONS, PETITIONS, REMONSTRANCES, ETC.

#8316
On a motion by Councillor Ronald Cormier, seconded by Councillor Alice Anderson, it was voted on voice vote, ten (10) yeas, one (1) unsworn (Councillor-Elect James Robinson, Jr.) to adopt the following Order:
TO ACCEPT THE PROVISIONS OF CHAPTER 44, SECTION 31D SNOW AND ICE REMOVAL, EMERGENCY EXPENDITURES, NOT TO EXCEED AN ADDITIONAL $200,000.00

#8317
On a motion by Councillor James Minns, seconded by Councillor Edward Gravel, it was voted on voice vote, ten (10) yeas, one (1) unsworn (Councillor-Elect James Robinson, Jr.) to adopt the following Resolution, as amended:

FY 2010 COMMUNITY DEVELOPMENT BLOCK GRANT
Mini-Entitlement Plan

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

WHEREAS,        the City council has reviewed the proposals prepared by the Department of Community Development and Planning for inclusion within the FY2010 Community Development Block Grant (CDBG) Mini-Entitlement Plan; and

WHEREAS,        the CDBG proposals seek funding for support of public social services, housing rehabilitation projects, demolition of unsafe buildings, sidewalk construction, affordable housing development project, and associated administrative costs; and

WHEREAS,        the activities proposed within the FY 2010 CDBG Mini-Entitlement Plan meet the priorities identified within the City’s 2010 Community Development Strategy, and the 2004 Community Development Plan; and

WHEREAS,        the City does not possess the bonding capacity or have the availability of funds to appropriate from its general budget to undertake such projects and reliance upon grant funds is required, and

WHEREAS,        the City Council supports each of the activities as being consistent with the City’s goal of promoting quality programs for its citizens;

NOW THEREFORE, the City Council hereby extends its support of each proposed activity and endorses the City’s FY2010 CDBG Mini-Entitlement Plan to be submitted to the Commonwealth of Massachusetts, Department of Housing and Community Development.


#8318
On a motion by Councillor Ronald Cormier, seconded by Councillor Henry Ares, it was voted on voice vote, ten (10) yeas, one (1) unsworn (Councillor-Elect James Robinson, Jr.) to adopt the following Resolution:

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GARDNER

That the City Council approves the purchase of land and buildings thereon located at 214 Pleasant Street, Gardner as outlined in the STANDARD COMMERCIAL PURCHASE AND SALE AGREEMENT and SETTLEMENT AGREEMENT, attached and made a part hereto; and further, authorization of execution of aforementioned AGREEMENTS contingent upon receipt of funding from the Massachusetts Department of Housing and Community Development for said transaction.

#8319
On a motion by Councillor Henry Ares, seconded by Councillor Patrick Gerry, it was voted on voice vote, ten (10) yeas, one (1) unsworn (Councillor-Elect James Robinson, Jr.) to authorize the Board of Health to fill a Shelter Assistant vacancy at the Animal Shelter, in accordance with the terms of Director Bernard Sullivan’s letter dated January 27, 2010.

#8320
On a motion by Councillor Joshua Cormier, seconded by Councillor Scott Graves, it was voted on voice vote, ten (10) yeas, one (1) unsworn (Councillor-Elect James Robinson, Jr.) to refer to the Public Safety Committee the Application of Navin Enterprises, LLC for License to Store Flammable/Combustible Liquids/Gases at 56 Union Square.

REPORT OF STANDING COMMITTEE
FINANCE COMMITTEE, ORDINANCE REVIEW COMMITTEE & CITY SOLICITOR

#8307
On a motion by Councillor Ronald Cormier, seconded by Councillor Alice Anderson, it was voted on voice vote, ten (10) yeas, one (1) unsworn (Councillor-Elect James Robinson, Jr.), to grant the Finance Committee more time to report on City Ordinance Review/Codification, as referred to the City Solicitor, Finance Committee and Ordinance Review Committee on January 19, 2010.

NEW BUSINESS

On a motion by Councillor Joshua Cormier, seconded by Councillor David Boudreau, it was voted on voice vote, ten (10) yeas, one (1) unsworn (Councillor-Elect James Robinson, Jr.) to consider New Business.

Joint Convention of City Council and School Committee
President Janssens announced the City Council and School Committee will convene in Joint Session on Tuesday, February 16, 2010 at 7:00 P.M. in the City Council Chambers, City Hall, 2nd Floor, to appoint a Representative to the Montachusett Regional Vocational Technical School District Committee for a term expiring the first Monday in January 2014.   

Comcast Fees
On a motion by Councillor David Boudreau, seconded by Councillor James Minns, it was voted on voice vote, ten (10) yeas, one (1) unsworn (Councillor-Elect James Robinson, Jr.) to send a letter to Comcast voicing opposition to customer charges to rent boxes to receive high definition channels.

On a motion by Councillor Joshua Cormier, seconded by Councillor Anderson, it was voted on voice vote, ten (10) yeas, one (1) unsworn (Councillor-Elect James Robinson, Jr.), to adjourn at 7:56 o’clock p.m. after recitation of the Closing Prayer.

Accepted by the City Council: February 16, 2010                                        
       Date


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