Monday evening, December 7, 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 – Nine members present, two absent (Councillors Jaillet and 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 (Councillors Jaillet and Robinson absent) to accept the Minutes of the Regular Meeting of November 16, 2009 and the Public Hearing of November 16, 2009, as written.
PUBLIC HEARINGS
#8275
President Janssens opened the Public Hearing at 7:31 P.M. and read aloud the Notice of PUBLIC HEARING:
Pursuant to the provisions of G.L. c.148, §13, notice is hereby given that the City Council will conduct a Public Hearing on Monday, December 7, 2009 at 7:30 o'clock P.M. in the City Council Chambers, 2nd Floor, City Hall, 95 Pleasant Street, Gardner, Massachusetts, on application of PAUL L. ROY/ROYCO to amend the conditions of the existing license to store 100,000 gallons of lubricants (motor oil, hydraulic oil) in aboveground storage tanks on land situated at 211 Colony Road, Gardner. Persons interested in this matter are encouraged to attend and offer testimony.
SPEAKING IN FAVOR: Paul Roy, Owner, ROYCO Distributors, 211 Colony Road, Gardner
SPEAKING IN OPPOSITION: None.
President Janssens declared the Public Hearing closed at 7:32 P.M.
On a motion by Councillor R. Cormier, seconded by Councillor Anderson, it was unanimously voted on a voice vote (Councillors Jaillet and Robinson absent) to refer the License Application to the Public Safety Committee for Study and Report.
#8276
President Janssens opened the Public Hearing at 7:32 P.M. on:
Petition of Massachusetts Electric Company and Verizon New England, Inc. request permission to locate poles, wires and fixtures, including the necessary sustaining and protecting fixtures to be owned and used in common by your petitioners, along and across the following public way:
Wherefore they pray that after due notice and hearing as provided by law, they be granted joint or identical locations and permission to erect and maintain poles and wires, together with such sustaining and protecting fixtures as they may find necessary, said poles to be erected substantially in accordance with the plan filed herewith marked:
Description: Saunders Street: Install One (1) Jointly-owned pole on Saunders Street beginning at a point approximately 1734 feet southwest of the centerline of the intersection of Betty Spring Road Street.
Massachusetts Electric Company
No. C: 6072……………………………………..Dated: October 23, 2009
Also for permission to lay and maintain underground laterals, cables and wires in the above or intersecting public ways for the purpose of making connections with such poles and buildings as each of said petitioners may desire for distributing purposes.
Your petitioners agree to reserve space for one cross-arm at a suitable point on each of said poles for the fire, police, telephone, and telegraph signal wires belonging to the municipality and used by it exclusively for municipal purposes.
SPEAKING IN FAVOR: David Bremner, National Grid (MECO)
Kathy Hunter, Owner of property to be serviced (no address given)
SPEAKING AGAINST: None.
President Janssens declared the Public Hearing closed at 7:34 P.M.
On a motion by Councillor R. Cormier, seconded by Councillor Ares, the foregoing Order was adopted on a voice vote (Councillors Jaillet and Robinson absent).
#8277
President Janssens opened the Public Hearing at 7:34 P.M. on:
Petition of Massachusetts Electric Company and Verizon New England, Inc. request permission to locate poles, wires and fixtures, including the necessary sustaining and protecting fixtures to be owned and used in common by your petitioners, along and across the following public way:
Wherefore they pray that after due notice and hearing as provided by law, they be granted joint or identical locations and permission to erect and maintain poles and wires, together with such sustaining and protecting fixtures as they may find necessary, said poles to be erected substantially in accordance with the plan filed herewith marked:
Description: West Street: Install One (1) Jointly-owned pole on West Street beginning at a point approximately 2150 feet southeast of the centerline of the intersection of Bridge Street.
Massachusetts Electric Company
No. C: 6074……………………………………………………………..Dated: November 3, 2009
Also for permission to lay and maintain underground laterals, cables and wires in the above or intersecting public ways for the purpose of making connections with such poles and buildings as each of said petitioners may desire for distributing purposes.
Your petitioners agree to reserve space for one cross-arm at a suitable point on each of said poles for the fire, police, telephone, and telegraph signal wires belonging to the municipality and used by it exclusively for municipal purposes.
SPEAKING IN FAVOR: David Bremner, National Grid (MECO)
George D. Jones III, President, Seaman Paper Co. of Mass., Inc.
SPEAKING AGAINST: Michael LeBlanc, 649 West Street (Did not object, questioned the location of the pole in relation to his property).
Lawrence Long, 619 West Street (Did not object, questioned the location of the pole in relation to his property).
President Janssens declared the Public Hearing closed at 7:38 P.M.
On a motion by Councillor R. Cormier, seconded by Councillor Minns, the foregoing Order was adopted on a voice vote (Councillors Jaillet and Robinson absent).
APPOINTMENTS
#8278
On a motion by Councillor Ares, seconded by Councillor Boudreau, it was unanimously voted on voice vote (Councillors Jaillet and Robinson absent) to confirm the following appointment received from the Mayor:
CAROLE BAUBLIS as Member, Council on Aging, for term expiring June 19, 2010 (to fill unexpired term of James D. Murphy).
#8279
On a motion by Councillor R. Cormier, seconded by Councillor J. Cormier, it was unanimously voted on voice vote (Councillors Jaillet and Robinson absent) to designate Personnel Director Debra Pond, as the City’s Municipal Liaison to the State Ethics Commission.
APPLICATIONS, PETITIONS, REMONSTRANCES, ETC.
#8280
On a motion by Councillor R. Cormier, seconded by Councillor Dembrosky, it was unanimously voted on voice vote (Councillors Jaillet and Robinson absent) to refer to the Finance Committee for study and report “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”
#8281
On a motion by Councillor R. Cormier, seconded by Councillor Anderson, it was unanimously voted on voice vote (Councillors Jaillet and Robinson absent) to adopt the following Order:
An Order Granting of Easement by the City of Gardner By and Through Its City Council for Access Easement to Massachusetts Electric Company and Verizon New England to Install and maintain an Overhead System on City Property located on the southerly side of West Street, to originate from Pole P77-50, which is located on the northerly side of West Street, then proceed in a southerly direction crossing West Street, over, across and upon land of the Grantor to new Poles P77-51 and P77-53, to become established by the final installation thereof by the City.
In City Council – December 7, 2009
Presented to the Mayor for Approval – December 8, 2009
Approved – December 9, 2009
Mark P. Hawke, Mayor
#8282
On a motion by Councillor Anderson, seconded by Councillor J. Cormier, it was unanimously voted on voice vote (Councillors Jaillet and Robinson absent) to grant renewal of the following Class II Used Motor Vehicle Dealers Licenses, said licenses expiring December 31, 2010:
- Ken Stewart Transmission Co. Inc., d/b/a Ken Stewart Used Cars, 549 W. Broadway
- J. Wood, Inc., 361 West Street
- Michael J. Rahaim, d/b/a Rahaim Auto Sales, 27 Rear Hill Street
- Cormier Auto Sales, Inc., d/b/a Gardner Auto Sales, 119 Pearson Blvd.
- Joseph Champney, d/b/a Riverside Auto, 65 Riverside Road
- Robert Brochu, d/b/a AC Auto Clinic, 411 Parker Street
#8283
On a motion by Councillor Anderson, seconded by Councillor Graves, it was unanimously voted on voice vote (Councillors Jaillet and Robinson absent) to grant renewal of the following Class III Used Motor Vehicle Dealers Licenses, said licenses expiring December 31, 2010:
- Ken Stewart Transmission Co. Inc., 549 W. Broadway
- Philip Kinzer, d/b/a/ Kinzer Salvage, 191 Kinzer Drive
- Lajoie’s Used Auto Parts, Inc., 27 Rear Hill Street
- Joseph Champney, d/b/a Riverside Auto, 65 Riverside Road
#8284
On a motion by Councillor Anderson and duly seconded, it was unanimously voted on voice vote (Councillors Jaillet and Robinson absent) to request the Mayor attend an Informal Meeting of the City Council to be held on Monday, December 21, 2009 at 6:30 P.M. in order to address the Council as a Committee of the Whole concerning the West Lynde Street Parking Lot License Agreement, and further, requesting that Councillors submit their questions to the Mayor no later than seven days in advance, in accordance with Section 25 of the City Charter.
#8285
On a motion by Councillor R. Cormier, seconded by Councillor Ares, it was unanimously voted on voice vote (Councillors Jaillet and Robinson absent) to send a letter of appreciation and recognition to Raborne Electric for their donation of electrical services to wire the Christmas lights at Monument Park.
#8286
On a motion by Councillor R. Cormier, seconded by Councillor J. Cormier, it was unanimously voted on voice vote (Councillors Jaillet and Robinson absent) to place on file a communication from the Athol Board of Selectmen relative to the proposed closing of the Templeton Developmental Center.
UNFINISHED BUSINESS
#8147
On a motion by Councillor J. Cormier, seconded by Councillor Boudreau, it was unanimously voted on a voice vote (Councillors Jaillet and Robinson absent) to order to First Printing the following:
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.
First Printing, December 11, 2009
#8171
Councillor Minns moved to remove Item #8171 from the Calendar. The motion was seconded by Councillor J. Cormier. By show of hands, two in favor, seven opposed, the motion was defeated.
On a motion by Councillor J. Cormier, seconded by Councillor Minns, it was unanimously voted on a voice vote (Councillors Jaillet and Robinson absent) to send a letter to the City Solicitor requesting that he submit to the City Council home rule legislation seeking to Exempt Certain Positions from Civil Service, as presented and advocated by the Mayor to the Finance Committee on May 28, 2009.
NEW BUSINESS
On a motion by Councillor J. Cormier, seconded by Councillor Anderson, it was unanimously voted on a voice vote (Councillors Jaillet and Robinson absent) to consider new business.
Firefighter Anthony Alario
On a motion by Councillor Ares, seconded by Councillor Boudreau, it was unanimously voted on a voice vote (Councillors Jaillet and Robinson absent) to send a letter of recognition to Firefighter Anthony Alario recognizing his act of heroism and selflessness by risking his own life to an extraordinary degree to save the life of one of Gardner’s citizens during this year’s structure fire at Heywood Place.
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: 12/21/2009
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