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Monday evening, April 5, 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, Councillors Alice Anderson, Henry Ares, David Boudreau, Joshua Cormier, Ronald Cormier, Patrick Gerry, Edward Gravel, Scott Graves, James Minns, and President Neil Janssens; 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 and Special Meetings of March 15, 2010, as written.
PRESENTATION BY GARDNER CHAPTER ORDER OF DeMOLAY
Members of the Gardner Chapter Order of DeMolay, led by Chairman of the Council Wilfred “Bud” Ducharme, Jr., presented each City Councillor with the “Hats Off Award”, for “Outstanding and Conspicuous Service to the Citizens of the City of Gardner” issued by the International Supreme Council, Order of DeMolay. Making presentations were Master Councilor Lucas LaRoche, Member Jordan Comeau and Junior Deacon Jared Garneau. Other Chapter leaders in attendance were Chapter “Dad” Jack Mercer, Awards Adviser John Gleason, and Athletic Adviser Brian LaRoche.
Mr. Ducharme explained DeMolay members dedicate themselves to uphold the virtues of love of parents, reverence, courtesy, comradeship, loyalty, cleanness and patriotism.
APPOINTMENTS FROM THE MAYOR
#8350
On a motion by Councillor Joshua Cormier, seconded by Councillor Henry Ares, 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:
RICHARD GEYSTER, JR. to Alternate Plumbing Inspector.
#8351
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 confirm the following appointment received from the Mayor:
ROGER TOUSIGNANT to Member, Gardner Housing Authority.
ORDERS FROM THE MAYOR
#8352
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, ten (10) yeas, one (1) unsworn (Councillor-Elect James Robinson, Jr.) to pass the following order:
ORDERED: That there be and is hereby transferred the sum of One Thousand Dollars and No Cents ($1,000.00) from Fire Department, Repairs & Maintenance to Civil Defense.
Presented to Mayor for approval – April 6, 2010
Approved – April 6, 2010
MARK P. HAWKE, Mayor
#8353
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, ten (10) yeas, one (1) unsworn (Councillor-Elect James Robinson, Jr.) to pass the following order:
ORDERED: That there be and is hereby appropriated the sum of Fourteen Thousand Eight Hundred Fifty Six Dollars and No Cents ($14,856.00) from Sewer Surplus to Indirect Cost Reimbursement.
Presented to Mayor for approval – April 6, 2010
Approved – April 6, 2010
MARK P. HAWKE, Mayor
#8354
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, ten (10) yeas, one (1) unsworn (Councillor-Elect James Robinson, Jr.) to pass the following order:
ORDERED: That there be and is hereby appropriated the sum of Forty Seven Thousand Seven Hundred Thirteen Dollars and No Cents ($47,713.00) from Water Surplus to Indirect Cost Reimbursement.
Presented to Mayor for approval – April 6, 2010
Approved – April 6, 2010
MARK P. HAWKE, Mayor
#8355
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, ten (10) yeas, one (1) unsworn (Councillor-Elect James Robinson, Jr.) to pass the following order:
ORDERED: That there be and is hereby transferred the sum of Seventy Five Thousand Dollars and No Cents ($75,000.00) from Sewer Surplus to NPDES Report/WWTF Study.
Presented to Mayor for approval – April 6, 2010
Approved – April 6, 2010
MARK P. HAWKE, Mayor
APPLICATIONS, PETITIONS, REMONSTRANCES, ETC.
#8356
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, ten (10) yeas, one (1) unsworn (Councillor-Elect James Robinson, Jr.), as follows:
To declare surplus for the purpose of conveyance to the Greater Gardner Industrial Foundation, a certain parcel of land under the control and administration of the Gardner Conservation Commission, said parcel described as 3.497 acres on State Highway, Route #2, and more particularly described in a PLAN OF LAND TO BE CONVEYED BY THE CITY OF GARDNER (Owner: Book 28116, Page 331), Gardner, MA, dated July 20, 2009, prepared by Szoc Surveyors. Said parcel further described in a Deed dated November 18, 2002 to the Inhabitants of the City of Gardner in Book 28116, page 331.
Presented to Mayor for approval – April 6, 2010
Approved – April 6, 2010
MARK P. HAWKE, Mayor
#8357
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, ten (10) yeas, one (1) unsworn (Councillor-Elect James Robinson, Jr.), as follows:
To petition the General Court that legislation be adopted precisely as follows. The General Court may make clerical or editorial changes of form only to the bill, unless the Mayor and City Council approve amendments to the bill before enactment by the General Court. The Mayor and City Council are hereby authorized to approve amendments which shall be within the scope of the general public objectives of this petition.
AN ACT AUTHORIZING THE CITY OF GARDNER TO CONVEY CERTAIN LAND UNDER THE CONTROL OF THE GARDNER CONSERVATION COMMISSION
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
SECTION 1. The City of Gardner, acting through its mayor and city council, may convey a certain parcel of land under the control and administration of the Gardner Conservation Commission to the Greater Gardner Industrial Foundation. Said parcel is described as 3.497 Acres on State Highway, Route #2, and more particularly described in a PLAN OF LAND TO BE CONVEYED BY THE CITY OF GARDNER (Owner: Book 28116, Page 331), Gardner, MA, dated July 20, 2009, prepared by Szoc Surveyors. Said parcel further described in a Deed dated November 18, 2002 to the Inhabitants of the City of Gardner in Book 28116, page 331.
SECTION 2. The conveyance of said parcel of land shall be subject to the following terms and conditions:
- The Greater Gardner Industrial Foundation shall assume all costs related to the conveyance, including but not limited to appraisals, surveys, legal and filing fees.
- Consideration paid for said parcel shall be $7,000.
- The consideration paid for said parcel shall be used by the Gardner Conservation Commission to support the Commissions efforts to preserve additional open space within the City’s Water Supply Protection Districts.
Section 3. This act shall take effect upon its passage.
Presented to Mayor for approval – April 6, 2010
Approved – April 6, 2010
MARK P. HAWKE, Mayor
#8358
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, ten (10) yeas, one (1) unsworn (Councillor-Elect James Robinson, Jr.), to authorize the City to enter into contracts not to exceed five (5) years for Engineering and Environmental Consulting Services, pursuant to the provisions of General Law, Chapter 30B, section 12 and under the terms outlined in the Mayors’ letter dated March 29, 2010.
Presented to Mayor for approval – April 6, 2010
Approved – April 6, 2010
MARK P. HAWKE, Mayor
#8359
On a motion by Councillor James Minns, seconded by Councillor David Boudreau, it was voted on voice vote, ten (10) yeas, one (1) unsworn (Councillor-Elect James Robinson, Jr.), to authorize filling the Library Director position.
Presented to Mayor for approval – April 6, 2010
Approved – April 6, 2010
MARK P. HAWKE, Mayor
#8360
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 place on file a communication from the Gardner Retirement Board relative to a three-percent (3%) cost-of-living adjustment granted for FY2011.
#8361
Councillor Joshua Cormier moved, seconded by Councillor Patrick Gerry, to adopt a Resolution in Support of Updating the Massachusetts Bottle Bill, as presented by MASSPIRG (Fitchburg State College Chapter), as follows:
RESOLUTION IN SUPPORT OF UPDATING THE MASSACHUSETTS BOTTLE BILL
Whereas The Massachusetts Bottle Bill, enacted in 1982 has allowed (your city/town) residents to enjoy a cleaner environment by creating an incentive for users of certain beverage containers to recycle those used containers; and,
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Whereas, states with deposit laws have higher residential recycling rates of beverage containers than those of non-deposit states, and;
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Whereas litter decrease in states with Bottle Bills averages 70-85%, and,
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Whereas, through the Massachusetts Bottle Bill, we recycle nearly 80% of containers of deposit containers, but only 20% on non-deposit containers, and
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Whereas the Governor of the Commonwealth, and members of the Massachusetts Senate and House of Representatives have recognized that the original bottle bill does not take into account those beverages such as bottled water, sports drinks, and teas.
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Whereas the addition of bottled water, sports drinks and teas to the Bottle Bill will decrease the total volume of municipal solid waste that is needed to be collected, thus saving disposal fees and landfill space.
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Be It Resolved
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That we, the Gardner City Council commemorate the 27th anniversary of the implementation of the Massachusetts Bottle Bill.
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Furthermore, Be It Resolved That: the City of Gardner be placed on record as being in support of the Massachusetts Beverage Container Deposit Law and encourages it's strengthening through expanding the list as recommended by the Governor in his proposed budget and currently being considered by the House and Senate Joint Committee on Telecommunications, Utilities and Energy.
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Furthermore, Be It Resolved that the City of Gardner goes on record in supporting programs that encourage residents and visitors to return or recycle all beverage containers and other recyclable materials to fully utilize the currently available recycling programs.
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Be it Further Resolved that the City instructs our state representatives and state senators, and our governor to support and vote in favor of updating the Massachusetts Container Beverage Law.
On the motion, Councillor Anderson stated she spoke with a local package store owner who explained there would be an extremely negative economic impact to his business if the bottle bill legislation was adopted. If passed, the legislation would further harm small businesses, in addition to the recent implementation of the [recently-enacted] tax on alcoholic beverage sales.
Councillor Anderson then moved to refer the Resolution to the Public Safety Committee for study and report. The motion was seconded by Councillor Ronald Cormier.
Councillor Joshua Cormier commented how tough it is to either support or oppose such a Resolution, however, supported referring the matter to the Public Safety Committee, although the Finance Committee may be more appropriate since it deals with finances.
Councillor Henry Ares remarked, “Boston [Legislature] will tell us what they decide and we will follow suit”.
On the motion to refer, Councillor Scott Graves asked how such a petition made it to the Council Calendar. He added he has consistently opposed matters of this nature coming before the Council, as “hundreds will be lining up”.
Councillor Edward Gravel echoed Councillor Graves’ comments and stated the petition should not be before the Council, as “Boston will decide for us”.
Councillor David Boudreau asked, “What is the Council being asked to do?” He added MASSPIRG, in its letter, is seeking two to five minutes to make a presentation to the Council to ask for its support.
Councillor Graves added he has no problem allowing MASSPIRG time to meet with the Council.
Councillor Henry Ares then moved to remove Item #8361 from the Calendar. The motion was seconded by Councillor Joshua Cormier. On voice vote, ten (10) yeas, one (1) unsworn (Councillor-Elect James Robinson, Jr.), the motion to Remove from the Calendar was adopted.
#8362
Leading to a motion, Councillor Joshua Cormier informed the Council that the Public Safety Committee has begun reviewing applications for Junk Dealers licenses [including Item #8349], as well as the existing Junk Dealer Ordinance.
Councillor David Boudreau asked if the pending license applications prevent the applicants from conducting business.
Councillor Joshua Cormier advised the question would be posed to the City Solicitor.
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 the Application of Nevin M. Dustin for a Junk Dealers License, to the Public Safety Committee for Study and Report, as well as requesting the City Solicitor review the current Ordinance and offer an opinion/guidance on updating the Ordinance.
#8363
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, ten (10) yeas, one (1) unsworn (Councillor-Elect James Robinson, Jr.), as follows:
To authorize the Mayor to execute a RELEASE AND WAIVER of the City’s right, title and interest in and to certain real estate situated on the Northeasterly side of Green Street, Gardner, Massachusetts, described in Book 6581, Page 308 of the Worcester District Registry of Deeds, and being Parcel ID Map M-47-24-6 of the City of Gardner tax maps, and particularly with respect to a Classified Forest-Agricultural or Horticultural-Recreational Land Tax Lien dated 21 September, 1995 and recorded at Book 17360, Page~238 of the Worcester District Registry of Deeds, including, but not limited to, any right of first refusal which the City of Gardner may have acquired by virtue of said lien, pursuant to MGL c. 61, §8.
Presented to Mayor for approval – April 6, 2010
Approved – April 6, 2010
MARK P. HAWKE, Mayor
#8364
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, ten (10) yeas, one (1) unsworn (Councillor-Elect James Robinson, Jr.), as follows:
ORDER OF TAKING IN FEE AND
FOR
PERMANENT AND TEMPORARY EASEMENTS
BY THE CITY OF GARDNER BY AND THROUGH ITS CITY COUNCIL
FOR WINTER STREET BRIDGE REPLACEMENT
In City Council 5th day of April, 2010
RESOLVED:
Whereas, in the opinion of the Mayor and City Council of the City of Gardner, the Public convenience and necessity of the inhabitants of the City require that the following Parcels of land be taken in fee, as Permanent Easement and Temporary Construction Easement from land owned by the City abutting Winter Street in said City of Gardner, Massachusetts, as more particularly described hereinafter, and whereas it is the intention of the Mayor and City Council to take said property and easements by right of eminent domain as set for in the order hereto annexed, it is therefore:
ORDERED:
That by virtue of the authority conferred by Chapter 79 and every other power and authority thereto enabling, the City of Gardner, acting by its City Council, hereby takes in the name and on behalf of the City of Gardner as Permanent Easement a Parcel identified as GR-1 and as a Temporary Construction Easement the Parcel identified as TE-1 and in fee Parcel 1-T on “Exhibit A” attached hereto, and as shown on a plan entitled “Plan of Road in the , City of Gardner, Worcester County” showing the location of a taking and easements for the purpose of reconstructing Winter Street Bridge. Plan Date: March 4, 2010, SCALE: 1” = 20’ prepared by SMC, INC., to be recorded, Plan book _____ Page____, herewith and made a part of this taking and a copy to be filed in the
office of the Survey Department, Gardner Massachusetts. The above referenced Temporary Construction Easement shall expire upon completion of construction or after 3 years, whichever is less.
And as the property is already owned by the City of Gardner, no damages have been awarded.
Presented to Mayor for approval – April 6, 2010
Approved – April 6, 2010
MARK P. HAWKE, Mayor
REPORTS OF STANDING COMMITTEES
PUBLIC SAFETY COMMITTEE
#8349
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 grant the Public Safety Committee more time to report on the Application of Mark H. Scherrer for a Junk Dealers License.
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.
ORDER OF DeMOLAY PRESENTATIONS
President Janssens and Councillors Gerry, Minns and Ares acknowledged the outstanding work of the Order of DeMolay and thanked the leaders and members for the Recognition.
HOLY ROSARY STUDENT GOVERNMENT PROGRAM/STUDENT COUNCILLORS
President Janssens and Councillors Henry Ares, Ronald Cormier, Patrick Gerry and Scott Graves commented on the fine work of Holy Rosary School’s Student City Councillors during the mock Council meeting. Others commented on the wonderful program held in the parish hall on March 31st and the support given the program by the City’s department heads.
7th ANNUAL CRYSTAL LAKE ICE MELT CONTEST
Councillor Henry Ares commented on the success of the 7th Annual Crystal Lake Ice Melt Contest, with nearly forty (40) entries, the greatest participation to date. Contest winner was Wayne Gallant who guessed March 26th, which was the earliest date ice completely melted from the lake.
JUNK DEALERS LICENSES
Councillor Joshua Cormier, Public Safety Committee Chairman, reported that his Committee met last week with the Police Chief and Deputy Chief concerning issuance of Junk Dealers Licenses, as well as the condition of the Police Station, the Building Committee, and Fire Headquarters conditions.
LETTER OF CONDOLENCE/FAMILY OF LORRAINE WOJTUKIEWICZ
On a motion by Councillor Joshua Cormier, 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 of condolence to the family of the late Lorraine Wojtukiewicz.
MASS SAVE ENERGY PROGRAM
Councillor Alice Anderson informed the Council about the Mass Save Great Appliance Exchange, which is offering incentives on highly efficient clothes washers, dishwashers, refrigerators, and freezers when you replace an existing appliance. These rebates are available for a limited time only starting Earth Day, April 22, 2010 at 10:00 AM and running through May 5, 2010. Reservations must be placed and appliances must be purchased during this time. All Massachusetts households, including those of municipal electric utility customers, are eligible for this Mass Save Great Appliance Exchange. More information can be found online at www.masssave.com.
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 adjourn at 8:22 o’clock p.m. after recitation of the Closing Prayer.
Accepted by the City Council: April 20, 2010
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