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Monday evening, May 17, 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, Councillors Alice Anderson, Henry Ares, David Boudreau, Joshua Cormier, Ronald Cormier, Patrick Gerry, Edward Gravel, Scott Graves and President Neil Janssens; one (1) absent, Councillor James Minns; and, 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, Councillors Alice Anderson, Henry Ares, David Boudreau, Joshua Cormier, Ronald Cormier, Patrick Gerry, Edward Gravel, Scott Graves and President Neil Janssens; one (1) absent, Councillor James Minns; and, one (1) unsworn, Councillor-Elect James Robinson, Jr., to accept the Minutes of the Regular Meeting of May 3, 2010, as written.
APPOINTMENT
#8375
On a motion by Councillor Henry Ares, seconded by Councillor Scott Graves, it was voted on voice vote, nine (9) yeas, Councillors Alice Anderson, Henry Ares, David Boudreau, Joshua Cormier, Ronald Cormier, Patrick Gerry, Edward Gravel, Scott Graves and President Neil Janssens; one (1) absent, Councillor James Minns; and, one (1) unsworn, Councillor-Elect James Robinson, Jr., to confirm the following appointment received from the Mayor:
DANIEL NOVAK to the position of Senior Citizens’ Director for term expiring July 1, 2011.
Worcester, ss. May 17, 2010
Then personally appeared DANIEL NOVAK and made oath that he would faithfully and impartially perform the duties of Senior Citizens’ Director according to law and the best of his abilities.
Before me,
/s/ Alan L. Agnelli, City Clerk
ORDERS
#8376
On a motion by Councillor Ronald Cormier, seconded by Councillor Alice Anderson, on unanimous recommendation of the Finance Committee, it was voted on roll call, nine (9) yeas, Councillors Alice Anderson, Henry Ares, David Boudreau, Joshua Cormier, Ronald Cormier, Patrick Gerry, Edward Gravel, Scott Graves and President Neil Janssens; one (1) absent, Councillor James Minns; and, one (1) unsworn, Councillor-Elect James Robinson, Jr., to pass the following order:
AN ORDER TRANSFERRING FROM GOLF COURSE, INDIRECT COST REIMBURSEMENT TO GOLF COURSE, PROFESSIONAL SERVICES.
ORDERED: That there be and is hereby transferred the sum of Seven Thousand Five Hundred Dollars and No Cents ($7,500.00) from Golf Course, Indirect Cost Reimbursement to Golf Course, Professional Services.
Presented to Mayor for approval – May 18, 2010
Approved – May 18, 2010
MARK P. HAWKE, Mayor
#8377
On a motion by Councillor Ronald Cormier, seconded by Councillor Alice Anderson, on unanimous recommendation of the Finance Committee, it was voted on roll call, nine (9) yeas, Councillors Alice Anderson, Henry Ares, David Boudreau, Joshua Cormier, Ronald Cormier, Patrick Gerry, Edward Gravel, Scott Graves and President Neil Janssens; one (1) absent, Councillor James Minns; and, one (1) unsworn, Councillor-Elect James Robinson, Jr., to pass the following order:
AN ORDER TRANSFERRING FROM MAYOR’S UNCLASSIFIED, TERMINATION LEAVE TO NON-CONTRIBUTORY RETIREMENT, SCHOOL PENSIONS.
ORDERED: That there be and is hereby transferred the sum of Eight Hundred Eighty Eight Dollars and No Cents ($888.00) from Mayor’s Unclassified, Termination Leave to Non-Contributory Retirement, School Pensions.
Presented to Mayor for approval – May 18, 2010
Approved – May 18, 2010
MARK P. HAWKE, Mayor
PETITIONS, APPLICATIONS, REMONSTRANCES, ETC.
#8378 - Tangerine Boutique Junk Dealer License Application
#8379 - Gardner Coins & Cards Junk Dealer License Application
#8380 - This & That Discount Store Junk Dealer License Application
#8381 - Tanguay Jewelers Junk Dealer License Application
On a motion by Councillor Joshua Cormier, seconded by Councillor Scott Graves, on recommendation of the Public Safety Committee, it was voted on voice vote, nine (9) yeas, Councillors Alice Anderson, Henry Ares, David Boudreau, Joshua Cormier, Ronald Cormier, Patrick Gerry, Edward Gravel, Scott Graves and President Neil Janssens; one (1) absent, Councillor James Minns; and, one (1) unsworn, Councillor-Elect James Robinson, Jr., to refer to the Public Safety Committee for Study and Report Junk Dealer License Applications of Tangerine Boutique (#8378), Gardner Coins & Cards (#8379), This & That Discount Store (#8380), and Tanguay Jewelers (#8381).
#8382
On a motion by Councillor Ronald Cormier, seconded by Councillor Edward Gravel, on recommendation of the Finance Committee, it was voted on voice vote, nine (9) yeas, Councillors Alice Anderson, Henry Ares, David Boudreau, Joshua Cormier, Ronald Cormier, Patrick Gerry, Edward Gravel, Scott Graves and President Neil Janssens; one (1) absent, Councillor James Minns; and, one (1) unsworn, Councillor-Elect James Robinson, Jr., to authorize the Police Chief to fill one (1) full-time Dispatcher position, in accordance with the terms of the Chief’s letter dated May 7, 2010.
#8383
On a motion by Councillor Ronald Cormier, seconded by Councillor David Boudreau, it was voted on voice vote, nine (9) yeas, Councillors Alice Anderson, Henry Ares, David Boudreau, Joshua Cormier, Ronald Cormier, Patrick Gerry, Edward Gravel, Scott Graves and President Neil Janssens; one (1) absent, Councillor James Minns; and, one (1) unsworn, Councillor-Elect James Robinson, Jr., to authorize the Fire Chief to fill a Permanent Firefighter vacancy in the Fire Department, in accordance with the terms of the Fire Chief’s letter dated May 12, 2010.
Presented to Mayor for approval – May 18, 2010
Approved – May 18, 2010
MARK P. HAWKE, Mayor
#8384
President Janssens requested Councillors inform him of their interest in contributing to sponsor a 225th Gardner Anniversary Banner. No action was taken.
#8385
Councillor Ronald Cormier moved, seconded by Councillor Alice Anderson, on unanimous recommendation of the Finance Committee, to accept the provisions of Massachusetts General Law, Chapter 40, Section 6C, Removal of Ice and Snow from Private Ways, and to direct the following question be placed on the official ballot at the November 8, 2011 City Election, in accordance with the provisions of Massachusetts General Law, Chapter 40, Section 6D:
Shall the City of Gardner vote to accept the provisions of section six C of chapter forty of the General Laws, which authorize cities and towns to appropriate money for the removal of snow and ice from private ways therein open to public use?
Following discussion of the effect acceptance of the statute would have on the City’s legal right or obligation to clear snow and ice from private ways [in which the public has travel access], particularly those ways which are not listed on the Schedule entitled City of Gardner, Private Ways Currently Plowed by the City, Councillor David Boudreau moved to refer the Item to the Public Service Committee for Study and Report. The motion was seconded by Councillor Patrick Gerry and, on voice vote, nine (9) yeas, Councillors Alice Anderson, Henry Ares, David Boudreau, Joshua Cormier, Ronald Cormier, Patrick Gerry, Edward Gravel, Scott Graves and President Neil Janssens; one (1) absent, Councillor James Minns; and, one (1) unsworn, Councillor-Elect James Robinson, Jr., the motion to refer carried.
REPORTS OF STANDING COMITTEES
PUBLIC SAFETY COMMITTEE
#8369
On a motion by Councillor Joshua Cormier, seconded by Councillor Scott Graves, on recommendation of the Public Safety Committee, it was voted on voice vote, nine (9) yeas, Councillors Alice Anderson, Henry Ares, David Boudreau, Joshua Cormier, Ronald Cormier, Patrick Gerry, Edward Gravel, Scott Graves and President Neil Janssens; one (1) absent, Councillor James Minns; and, one (1) unsworn, Councillor-Elect James Robinson, Jr., to approve the Application of Philip Kinzer for a Junk Collector License for period May 1, 2010 to April 30, 2010.
NEW BUSINESS
On a motion by Councillor Joshua Cormier, seconded by Councillor Alice Anderson, it was voted on voice vote, nine (9) yeas, Councillors Alice Anderson, Henry Ares, David Boudreau, Joshua Cormier, Ronald Cormier, Patrick Gerry, Edward Gravel, Scott Graves and President Neil Janssens; one (1) absent, Councillor James Minns; and, one (1) unsworn, Councillor-Elect James Robinson, Jr., to consider New Business.
Retirement Options for Certain Retirees/NON-CONTRIBUTORY “OPTION C”
On a motion by Councillor Ronald Cormier, seconded by Councillor Alice Anderson, on unanimous recommendation of the Finance Committee, it was voted on voice vote, nine (9) yeas, Councillors Alice Anderson, Henry Ares, David Boudreau, Joshua Cormier, Ronald Cormier, Patrick Gerry, Edward Gravel, Scott Graves and President Neil Janssens; one (1) absent, Councillor James Minns; and, one (1) unsworn, Councillor-Elect James Robinson, Jr., to accept the provisions of Chapter 411 of the Acts of 2000, An Act Relative to the Election of Retirement Options for Certain Retirees, as follows:
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
Notwithstanding the provisions of section 135 of chapter 697 of the acts of 1987, the provisions of the first paragraph of section 58B of chapter 32 of the General Laws shall apply to benefits received pursuant to applications for such benefits, allowances or other payments made before January 12, 1988.
This act shall be prospective from the effective date of this act and shall not entitle a veteran to retroactive benefits.
This act shall take effect in a city, town, county, district or authority subject to the approval of the legislative body. For the purposes of this act, legislative body shall mean, in the case of a city, the city council in accordance with its charter, in the case of a town, the town meeting, in the case of a county, the county retirement board advisory council, in the case of a region, the governing body, in the case of a district, the district members, and, in the case of an authority, the governing body.
CANCER SOCIETY RELAY FOR LIFE “LIGHT THE TOWN PURPLE” CAMPAIGN
President Janssens reminded the Councillors to stay after the meeting for the Breast Cancer Awareness “Light the Town Purple” lighting ceremony in front of City Hall.
OPEN MEETING LAW TRAINING SESSION – JUNE 16, 2010
President Janssens informed the Council that changes to the open meeting law will take effect on July 1, 2010. City Solicitor John Flick will be holding a training session for all boards, commissions and staff on Wednesday, June 16, 2010 in the evening (time and location to be announced).
ETHICS COMMISSION MANDATORY ONLINE TRAINING
President Janssens informed the Council that several members have not completed the mandatory online ethics training program prepared by the State Ethics Commission and should contact the Personnel Director for more information.
PUBLIC WELFARE COMMITTEE
Councillor Patrick Gerry announced the Public Welfare Committee met with the School Superintendent on Friday, May 7 at 1:00 P.M. to discuss the FY2011 School Department Budget. The Committee plans to meet with the Golf Course Superintendent and Golf Pro to discuss their FY2011 Budget.
COUNCIL-SPONSORED 225th ANNIVERSARY BANNER
Councillor Patrick Gerry informed the Council that he supports a Council-sponsored Anniversary Banner and will contribute his share of the cost.
POLICE OFFICERS RECOGNITION
On a motion by Councillor Edward Gravel, seconded by Councillor Scott Graves, it was voted on voice vote, nine (9) yeas, Councillors Alice Anderson, Henry Ares, David Boudreau, Joshua Cormier, Ronald Cormier, Patrick Gerry, Edward Gravel, Scott Graves and President Neil Janssens; one (1) absent, Councillor James Minns; and, one (1) unsworn, Councillor-Elect James Robinson, Jr., to send a letter of recognition to Police Officers Christopher Starzynski and Nicholas Maroni for changing a flat tire for an elderly constituent of Ward 3 Councillor Edward Gravel.
SCHOOL BUDGET/FINANCE SUBCOMMITTEE MEETING
Councillor Edward Gravel commented on his attendance at a recent meeting of the School Committee Finance Subcommittee.
Medication Drop-Off Program
Councillor Edward Gravel thanked everyone who supported the Medication Drop-Off Program on Saturday, May 8, 2010.
HIGH SCHOOL SENIOR GRADUATIONS/DRIVER SAFETY
Councillor David Boudreau informed the Councillors that this is the last week of class for high school seniors, so expect to see them on the roadways and to be cautious while driving.
MEMORIAL DAY EXERCISES
Councillor Henry Ares reminded the Councillors that the City’s Memorial Day Ceremonies will be held on Monday, May 31st and to muster at PAV Square at 9:00 A.M.
MUNICIPAL GOLF COURSE COMMISSION, ORDINANCE NO. 11
Councillor Scott Graves informed the Councillors that he and Councillor Edward Gravel are reviewing Ordinance No. 11, AN ORDINANCE ESTABLISHING A MUNICIPAL GOLF COURSE COMMISSION, and plan to offer changes to the Ordinance in the future.
SCHOOL BUDGET
Councillor Joshua Cormier mentioned an article in TheBeacon concerning school budgets and spoke of an upcoming meeting between the City Council Finance Committee and the School Committee’s Finance Subcommittee.
GARDNER COMMUNITY ACTION COMMITTEE (“CAC”) ANNUAL MEETING
Leading to a motion, Councillor Joshua Cormier stated the Gardner CAC will be holding its 40th Annual Meeting on May 26th.
On a motion by Councillor Joshua Cormier, seconded by Councillor Scott Graves, it was voted on voice vote, nine (9) yeas, Councillors Alice Anderson, Henry Ares, David Boudreau, Joshua Cormier, Ronald Cormier, Patrick Gerry, Edward Gravel, Scott Graves and President Neil Janssens; one (1) absent, Councillor James Minns; and, one (1) unsworn, Councillor-Elect James Robinson, Jr., to send a letter to the Gardner CAC in recognition of its 40th year serving the community.
ADJOURNMENT
On a motion by Councillor Joshua Cormier, seconded by Councillor Alice Anderson, it was voted on voice vote, nine (9) yeas, Councillors Alice Anderson, Henry Ares, David Boudreau, Joshua Cormier, Ronald Cormier, Patrick Gerry, Edward Gravel, Scott Graves and President Neil Janssens; one (1) absent, Councillor James Minns; and, one (1) unsworn, Councillor-Elect James Robinson, Jr., to adjourn at 7:53 o’clock p.m. after recitation of the Closing Prayer.
Accepted by the City Council: June 7, 2010
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