Monday evening, March 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 – Nine (9) members present, one (1) absent (Councillor Ronald Cormier), 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, nine (9) yeas, one (1) absent (Councillor Ronald Cormier), one (1) unsworn (Councillor-Elect James Robinson, Jr.) to accept the Minutes of the Regular Meeting of February 16, 2010, as written.
PUBLIC HEARING
#8320
Application of Navin Enterprises, LLC for License to Store Flammable/Combustible Liquids/Gases at 56 Union Square.
President Janssens read aloud the Notice of PUBLIC HEARING:
Pursuant to the provisions of M.G.L., c.148, §13, notice is hereby given that the City Council will conduct a Public Hearing on Monday, March 1, 2010 at 7:30 o'clock P.M. in the City Council Chambers, 2nd Floor, City Hall, 95 Pleasant Street, Gardner, Massachusetts, on the application of Navin Enterprises, LLC, 23 Elm Street, Gardner, Massachusetts for a license to store 12,000 gallons of flammable liquids in two (2) 6,000-gallon underground storage tanks and 200 gallons of liquid propane gas in two (2) 100-gallon storage tanks, situated at 56 Union Square, Gardner. Persons interested in this matter are encouraged to attend and offer testimony.
SPEAKING IN FAVOR: Atty. Jerold G. Paquette, 36 Lawrence Street (for the Applicant)
SPEAKING IN OPPOSITION: None
President Janssens declared the Public Hearing closed at 7:35 P.M.
On a motion by Councillor Joshua Cormier, seconded by Councillor Edward Gravel, on recommendation of the Public Safety Committee, it was voted on voice vote, nine (9) yeas, one (1) absent (Councillor Ronald Cormier), one (1) unsworn (Councillor-Elect James Robinson, Jr.) to approve the License to store 12,000 gallons of flammable liquids in two (2) 6,000-gallon underground storage tanks and 200 gallons of liquid propane gas in two (2) 100-gallon storage tanks, situated at 56 Union Square, Gardner.
APPOINTMENT FROM THE MAYOR
#8340
On a motion by Councillor Joshua Cormier, seconded by Councillor James Minns, it was voted on voice vote, nine (9) yeas, one (1) absent (Councillor Ronald Cormier), one (1) unsworn (Councillor-Elect James Robinson, Jr.) to confirm the following appointment received from the Mayor:
PATROLMAN RICHARD BRAKS to Sergeant (Permanent), Gardner Police Department.
Worcester, ss. March 1, 2010
Then personally appeared RICHARD BRAKS and made oath that appointed as Permanent Sergeant, Gardner Police Department, solemnly swore that he would bear true faith and allegiance to the United States of America and the Commonwealth of Massachusetts and would support the Constitution and laws thereof.
Before me,
/s/ Alan L. Agnelli, City Clerk
ORDER FROM THE MAYOR
#8341
On a motion by Councillor Alice Anderson, seconded by Councillor Henry Ares, on recommendation of the Finance Committee, it was voted on roll call, nine (9) yeas, one (1) absent (Councillor Ronald Cormier), one (1) unsworn (Councillor-Elect James Robinson, Jr.), to pass the following order:
AN ORDER TRANSFERRING FROM MAYOR’S UNCLASSIFIED, TERMINATION LEAVE RESERVE TO PUBLIC WORKS, TERMINATION LEAVE
ORDERED: That there be and is hereby transferred the sum of Twelve Thousand Nine Hundred Thirty One Dollars and No Cents ($12,931.00) from Mayor’s Unclassified, Termination Leave Reserve to Public Works, Termination Leave.
Presented to Mayor for approval – March 2, 2010
Approved – March 3, 2010
MARK P. HAWKE, Mayor
ORDINANCES
#8338
On a motion by Councillor Alice Anderson, seconded by Councillor Edward Gravel, on recommendation of the Finance Committee, it was voted on voice vote, nine (9) yeas, one (1) absent (Councillor Ronald Cormier), one (1) unsworn (Councillor-Elect James Robinson, Jr.), to order to Final 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 striking the following:
City Fee (for dog licenses obtained after May 31) $10.00
And inserting in place thereof:
City Fee (for dog licenses obtained after March 31) $10.00
In City Council – February 16, 2010
Ordered Printed – February 16, 2010
First Printing – February 19, 2010
Ordinance Passed – March 1, 2010
Presented to Mayor for Approval – March 2, 2010
Approved – March 3, 2010
MARK P. HAWKE, Mayor
Final Printing – March 5, 2010
#8342
On a motion by Councillor Alice Anderson, seconded by Councillor David Boudreau, on recommendation of the Finance Committee, it was voted on voice vote, nine (9) yeas, one (1) absent (Councillor Ronald Cormier), one (1) unsworn (Councillor-Elect James Robinson, Jr.), to order to First Printing the following Ordinance:
AN ORDINANCE AMENDING AN ORDINANCE ESTABLISHING REGULAR AND SPECIAL MEETINGS OF THE CITY COUNCIL.
BE IT ORDAINED BY THE CITY COUNCILOF THE CITY OF GARDNER AS FOLLOWS:
That “An Ordinance Establishing Regular and Special Meetings of the City Council (Ordinance No. 2) and amended several times thereafter, be further amended by inserting under SECTION 1 after the second sentence, the following:
“In the event a regular meeting falls on the evening of a state or city primary or election, the meeting shall be held on the following day at the scheduled time.”
And be further amended by inserting under SECTION 2, after the first sentence, the following:
“In the event a public emergency or other condition renders it impracticable for the Council to hold a meeting on the day of scheduled a meeting, or in the City Hall, the Council President, upon consultation with at least two other Councillors, may direct the meeting be held on another day or at such other location that encourages maximum public participation.”
APPLICATIONS, PETITIONS, REMONSTRANCES, ETC.
#8343
Councillor Alice Anderson moved, seconded by Councillor Henry Ares, on recommendation of the Finance Committee, to amend City Council Rule No. 1 and add new Rule 1A, establishing the position of Council Vice-President, said Rule to take effect immediately upon passage. By show of hands, seven (7) yeas, two (2) nays (Councillors Patrick Gerry and Scott Graves), the motion was defeated for failure to receive the requisite two-thirds majority (8/11), as required by Council Rule No. 20.
#8344
On a motion by Councillor James Minns, seconded by Councillor Henry Ares it was voted on voice vote, nine (9) yeas, one (1) absent (Councillor Ronald Cormier), one (1) unsworn (Councillor-Elect James Robinson, Jr.), to accept the amended Quitclaim Deed and conveyance from Gardner LLC, containing certain parcels of land in the Deerberry Ridge Subdivision off Fernwood Drive and Bear Hill Road, recorded in the Worcester County Registry of Deeds, Plan Book 605, Page 23 and identified in City of Gardner Assessors Map I37, Block 45A, Lot 14, said parcels conveyed for the purpose of conservation of open space, identified as follows:
Lot A containing 2.6 acres
Lot B containing 6.5 acres
Lot C containing 1.16 acres
Lot D containing 0.22 acres
Lot G containing 0.03 acres
Lot I containing 9.37 acres
Lot J containing 0.01 acres
Lot M containing 0.14 acres
Presented to Mayor for approval – March 2, 2010
Approved – March 3, 2010
MARK P. HAWKE, Mayor
#8345
On a motion by Councillor Joshua Cormier, seconded by Councillor Scott Graves, it was voted on voice vote, nine (9) yeas, one (1) absent (Councillor Ronald Cormier), one (1) unsworn (Councillor-Elect James Robinson, Jr.), to authorize the City to enter into contracts not to exceed five (5) years for School Custodial and Transportation Services, pursuant to the provisions of General Law, Chapter 30B, section 12 and under the terms outlined in the Purchasing Agent’s February 23, 2010 Memorandum.
REPORTS OF STANDING COMMITTEES
FINANCE COMMITTEE, ORDINANCE REVIEW COMMITTEE & CITY SOLICITOR
#8307
There being no objection, the Finance Committee was granted 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 Patrick Gerry, it was voted on voice vote, nine (9) yeas, one (1) absent (Councillor Ronald Cormier), one (1) unsworn (Councillor-Elect James Robinson, Jr.) to consider New Business.
Suspension of Rules/APPOINTMENT
On a motion by Councillor Patrick Gerry, seconded by Councillor Edward Gravel, it was voted on voice vote, nine (9) yeas, one (1) absent (Councillor Ronald Cormier), one (1) unsworn (Councillor-Elect James Robinson, Jr.) to suspend Council Rule No. 9, waiving the ten (10) day advance notice requirement to act on an Appointment received today from the Mayor.
AppointmenT/LICENSE COMMISSION
On a motion by Councillor Joshua Cormier, seconded by Councillor Edward Gravel, it was voted on voice vote, nine (9) yeas, one (1) absent (Councillor Ronald Cormier), one (1) unsworn (Councillor-Elect James Robinson, Jr.) to confirm the following appointment received from the Mayor:
MICHAEL J. FITZSIMMONS, 72 Brook Lane, Gardner to Member, License Commission for term expiring 3/1/2013.
Worcester, ss. March 1, 2010
Then personally appeared MICHAEL J. FITZSIMMONS and made oath that he would faithfully and impartially perform the duties as Member, License Commission according to law and the best of his abilities.
Before me,
/s/ Alan L. Agnelli, City Clerk
Trash Collection Program Meeting
President Janssens announced the Council will meet with Board of Health Director Bernard Sullivan on Tuesday, March 9 at 6:30 P.M. in the Council Chambers to review proposed changes to the City’s trash collection program.
Urban Renewal Plan mEETING
President Janssens announced the Council will meet with the Gardner Redevelopment Authority on Monday, March 15 at 6:45 P.M. in the Council Chambers to consider a working draft of the Urban Renewal Plan.
LETTERS OF APPRECIATION/John Korhonen & William Hunt
On a motion by Councillor Edward Gravel, seconded by Councillor Patrick Gerry, it was voted on voice vote, nine (9) yeas, one (1) absent (Councillor Ronald Cormier), one (1) unsworn (Councillor-Elect James Robinson, Jr.) to send letters of appreciation to retiring License Commission members John Korhonen and William Hunt for their many years of dedicated service.
LETTER OF CONGRATULATIONS/GARDNER HIGH SCHOOL SWIM TEAM
On a motion by Councillor Edward Gravel, seconded by Councillor Joshua Cormier, it was voted on voice vote, nine (9) yeas, one (1) absent (Councillor Ronald Cormier), one (1) unsworn (Councillor-Elect James Robinson, Jr.) to send a letter to congratulate the Gardner High Swim Team and Coach Don Lemieux on another State Swim Championship.
On a motion by Councillor Joshua Cormier, seconded by Councillor Alice Anderson, it was voted on voice vote, nine (9) yeas, one (1) absent (Councillor Ronald Cormier), one (1) unsworn (Councillor-Elect James Robinson, Jr.) to adjourn at 8:08 o’clock p.m. after recitation of the Closing Prayer.
Accepted by the City Council: ____________________
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