Monday evening, August 2, 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., who read aloud the following:
Any person may make a video or audio recording of the open session of this meeting so long as it does not interfere with the conduct of the meeting. All documents and exhibits used or referenced at this meeting shall be submitted in duplicate to the City Clerk, as they become part of the minutes of the meeting. Is there anyone present who will be recording this meeting?
Steve Marcotte, Staff Reporter for The Gardner News, identified himself and announced he planned to audio record the meeting. President Janssens informed the Council, where no objections were raised as to the manner and/or location of recording.
Roll call taken – All members present, Councillors Alice Anderson, Henry Ares, David Boudreau, Joshua Cormier, Ronald Cormier, Patrick Gerry, Edward Gravel, Scott Graves, James Minns, James Robinson, Jr. and President Neil Janssens.
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, eleven (11) yeas, Councillors Alice Anderson, Henry Ares, David Boudreau, Joshua Cormier, Ronald Cormier, Patrick Gerry, Edward Gravel, Scott Graves, James Minns, James Robinson, Jr. and President Neil Janssens to accept the Minutes of the Regular Meeting of July 6, 2010, as written.
APPOINTMENTS
#8440
On a motion by Councillor James Robinson, seconded by Councillor Joshua Cormier, it was voted on voice vote,
eleven (11) yeas, Councillors Alice Anderson, Henry Ares, David Boudreau, Joshua Cormier, Ronald Cormier, Patrick Gerry, Edward Gravel, Scott Graves, James Minns, James Robinson, Jr. and President Neil Janssens to confirm the following appointment received from the Mayor:
HEATHER POWELL to the position of Member, Youth Commission for term expiring August 2, 2013.
Worcester, ss. August 2, 2010
Then personally appeared HEATHER POWELL and made oath that she would faithfully and impartially perform the duties of the office of Member, Youth Commission according to law and the best of her abilities.
Before me,
/s/ Alan L. Agnelli, City Clerk
#8441
On a motion by Councillor Ronald Cormier, seconded by Councillor Joshua Cormier, it was voted on voice vote,
eleven (11) yeas, Councillors Alice Anderson, Henry Ares, David Boudreau, Joshua Cormier, Ronald Cormier, Patrick Gerry, Edward Gravel, Scott Graves, James Minns, James Robinson, Jr. and President Neil Janssens to suspend Council Rule 9 (10-day notice) in order to act on Election Officer Appointments received from the Mayor.
On a motion by Councillor Ronald Cormier, seconded by Councillor Scott Graves, it was voted on voice vote,
eleven (11) yeas, Councillors Alice Anderson, Henry Ares, David Boudreau, Joshua Cormier, Ronald Cormier, Patrick Gerry, Edward Gravel, Scott Graves, James Minns, James Robinson, Jr. and President Neil Janssens to confirm the following Election Officer appointments received from the Mayor, for term September 1, 2010 through August 31, 2011:
WARD 1A
Warden R Gloria St. Hilaire 68 Oak Street #2 Gardner
Clerk D Norman H. Beauregard, Jr. 147 Oak Street Gardner
Inspector R Sally Q. Hartshorn 61 Elm Street Gardner
Inspector D Raymond L. Nadeau 125 Connors St. #713 Gardner
Inspector D Herve R. St. Hilaire 68 Oak Street #2 Gardner
Inspector R Sherry Szoc 130 Highland Street Gardner
Deputy Inspector D Grace L. Marshall 125 Connors Street #302 Gardner
Deputy Inspector U Gregory J. St. Hilaire 68 Oak Street #2 Gardner
WARD 1B
Warden R Gardner L. Bent 41 Edgell Street Gardner
Clerk D M. Cecilia Bastarache 107 Pelley Street Gardner
Inspector R Jane S. Drake 77 Lawrence Street Gardner
Inspector U Lynn M. Roux 203 Betty Spring Road Gardner
Inspector R Carolyn Fournier 158 Ash Street Gardner
Inspector D Carolyn A. LaBonte 169 Summer Street Gardner
WARD 1C
Warden R Richard L. Batt 215 Bickford Hill Road Gardner
Clerk D John T. Lesperance 35 Wachusett Road Gardner
Inspector R Ruth T. Batt 215 Bickford Hill Road Gardner
Inspector D Roberta A. Lesperance 35 Wachusett Road Gardner
Inspector R Richard L. Tourigny 185 Bickford Hill Road Gardner
Inspector R Barbara J. Tourigny 185 Bickford Hill Road Gardner
Deputy Inspector U Norman L. Hope, Jr. 131 Bickford Hill Road Gardner
WARD 2A
Warden R Ingrid J. Hunt 231 Pearl Street Gardner
Clerk U Elaine M. Richard 194 Central St. #327 Gardner
Inspector R George H. Howe 206 Chapel Street Gardner
Inspector R Helen L. Howe 206 Chapel Street Gardner
Inspector U Katherine A. Middlen 52 Catherine Street Gardner
Inspector U Joseph P. Richard 194 Central St. #327 Gardner
Deputy Inspector D Barbara M. Cormier 116 Sand Street Gardner
Deputy Inspector D David R. Rocheleau 217 Ash Street Gardner
Deputy Inspector D Paulette J. Rocheleau 217 Ash Street Gardner
WARD 2B
Warden D Donald J. Cosentino 131 Lovewell Street Gardner
Clerk U Tanya Barnett 20 Lawrence Street Gardner
Inspector U Aline M. Cosentino 131 Lovewell Street Gardner
Inspector R J. Warren Barnett 20 Lawrence Street Gardner
Inspector D Patricia A. LeBlanc 66 Conant Street Gardner
Inspector D Roger R. LeBlanc 66 Conant Street Gardner
WARD 3A
Warden D Donald R. Girouard 52 Draper Road Gardner
Clerk R William A. Hunt 231 Pearl Street Gardner
Inspector D Sophie A. DeGrace 19 Ford Street #2 Gardner
Inspector D Mary B. Girouard 52 Draper Road Gardner
Inspector R Evelyn G. Snell 34 Glazier Street Gardner
Inspector R Eva L. Stromski 183 Pelley Street Gardner
Deputy Inspector D Priscilla A. Roy 30 Allen Street, #1 Gardner
Deputy Inspector D Marcelle S. Cormier 55 Wickman Drive Gardner
WARD 3B
Warden R Celeste C. LaPrise 318 Park Street Gardner
Clerk R Dorothy M. Ronn 145 Prospect Street Gardner
Inspector D Barbara A. Alexakos 256 Waterford Street Gardner
Inspector D Adeline M. Aukstikalnis 9 Ames Ave. Gardner
Inspector U Juliette L. Richard 50 Jean Street Gardner
Inspector R Paul W. Ronn 145 Prospect Street Gardner
Deputy Inspector R Beverly L. Black 71 Summer Street Gardner
Deputy Inspector R Jan P. Robichaud 83 Euclid Street Gardner
WARD 4A
Warden U Omer J. Cormier 196 Chestnut Street Gardner
Clerk D Anne M. Young 71 Fairlawn Ave. Gardner
Inspector D Jeannine M. Cormier 196 Chestnut Street Gardner
Inspector D Pauline C. Doiron 155 Leamy Street Gardner
Inspector U Therese M. Gustafson 70 Baker Street Gardner
Inspector D Arthur E. Young 71 Fairlawn Ave. Gardner
WARD 4B
Warden D Mooneen M. Corley 61 Lake St. C-400 Gardner
Clerk D Jean A. Leonard 61 Lake St. B-408 Gardner
Inspector U Jennie Barrieau 47 Lake St. A-510 Gardner
Inspector U Doris A. Couture 177 Nichols St. #1 Gardner
Inspector D Gertrude H. Gallant 334 Pine Street, #1 Gardner
Inspector D Eileen C. Sisk 100 Century Way Gardner
Deputy Inspector D Carole A. Baublis 252 Union Street Gardner
WARD 5A
Warden R Agnes H. Blood 431 Pearl Street Gardner
Clerk D Lorraine A. Manca 110 Temple Street Gardner
Inspector R Kelly A. Blanchette 60 Leamy Street Gardner
Inspector D Tina M. Barrieault 185 Leamy Street Gardner
Inspector R Rachel C. Godin 125 Connors St. #603 Gardner
Inspector D Barbara D. LeBlanc 37 Bayberry Drive Gardner
WARD 5B
Warden R Stanford H. Hartshorn, Jr. 61 Elm Street Gardner
Clerk D Fernand J.P. Comeau 84 Eastwood Circle Gardner
Inspector D Edward S. Yablonski 195 Sherman Street Gardner
Inspector D Leona M. Lashua 68 Oak Street, #1 Gardner
Inspector R Mary Ann Suchocki 154 Sand Street Gardner
Inspector U Barbara A. Yablonski 195 Sherman Street Gardner
ORDERS
#8442
On a motion by Councillor Alice Anderson, seconded by Councillor Ronald Cormier, on recommendation of the Finance Committee, it was voted on roll call, eleven (11) yeas, Councillors Alice Anderson, Henry Ares, David Boudreau, Joshua Cormier, Ronald Cormier, Patrick Gerry, Edward Gravel, Scott Graves, James Minns, James Robinson, Jr. and President Neil Janssens to pass the following order:
AN ORDER TRANSFERRING A SUM OF MONEY FROM MAYOR, TEMPORARY SALARY TO MAYOR, VARIOUS EXPENSES FOR THE FISCAL YEAR BEGINNING JULY 1, 2009 TO JUNE 30, 2010.
ORDERED: That there be and is hereby transferred the sum of Two Hundred Dollars and No Cents ($200.00) from Mayor, Temporary Salary to Mayor, Various Expenses for the Fiscal Year beginning July 1, 2009 to June 30, 2010.
Presented to Mayor for approval – August 3, 2010
Approved – August 3, 2010
MARK P. HAWKE, Mayor
#8443
On a motion by Councillor Alice Anderson, seconded by Councillor Ronald Cormier, on recommendation of the Finance Committee, it was voted on roll call, eleven (11) yeas, Councillors Alice Anderson, Henry Ares, David Boudreau, Joshua Cormier, Ronald Cormier, Patrick Gerry, Edward Gravel, Scott Graves, James Minns, James Robinson, Jr. and President Neil Janssens to pass the following order:
AN ORDER TRANSFERRING A SUM OF MONEY FROM SURVEY, ENGINEER SALARY TO VETERAN’S, CASH BENEFITS FOR THE FISCAL YEAR BEGINNING JULY 1, 2009 TO JUNE 30, 2010.
ORDERED: That there be and is hereby transferred the sum of Ten Thousand Dollars and No Cents ($10,000.00) from Survey, Engineer Salary to Veteran’s, Cash Benefits for the Fiscal Year beginning July 1, 2009 to June 30, 2010.
Presented to Mayor for approval – August 3, 2010
Approved – August 3, 2010
MARK P. HAWKE, Mayor
#8444
On a motion by Councillor Alice Anderson, seconded by Councillor Ronald Cormier, on recommendation of the Finance Committee, it was voted on roll call, eleven (11) yeas, Councillors Alice Anderson, Henry Ares, David Boudreau, Joshua Cormier, Ronald Cormier, Patrick Gerry, Edward Gravel, Scott Graves, James Minns, James Robinson, Jr. and President Neil Janssens to pass the following order:
AN ORDER TRANSFERRING A SUM OF MONEY FROM VARIOUS ACCOUNTS TO HIGHWAY, SNOW & ICE FOR THE FISCAL YEAR BEGINNING JULY 1, 2009 TO JUNE 30, 2010.
ORDERED: That there be and is hereby transferred the sum of Two Hundred Fifty Thousand Dollars and No Cents ($250,000.00) from the following accounts to Highway, Snow & Ice for the Fiscal Year beginning July 1, 2009 to June 30, 2010:
Mayor’s Unclassified, Termination Leave $ 78,000.00
Police, Overtime 36,000.00
Fire, Overtime 29,000.00
Regional School District, Monty Tech Asses. 17,000.00
Public Works, Overtime 20,000.00
Municipal Garage, Vehicle Supplies 30,000.00
Property Insurances, Various Accounts 40,000.00
Total: $250,000.00
Presented to Mayor for approval – August 3, 2010
Approved – August 3, 2010
MARK P. HAWKE, Mayor
#8445
On a motion by Councillor Alice Anderson, seconded by Councillor Ronald Cormier, on recommendation of the Finance Committee, it was voted on roll call, eleven (11) yeas, Councillors Alice Anderson, Henry Ares, David Boudreau, Joshua Cormier, Ronald Cormier, Patrick Gerry, Edward Gravel, Scott Graves, James Minns, James Robinson, Jr. and President Neil Janssens to pass the following order:
AN ORDER TRANSFERRING A SUM OF MONEY FROM MAYOR’S UNCLASSIFIED, TERMINATION LEAVE RESERVE TO VARIOUS ACCOUNTS.
ORDERED: That there be and is hereby transferred the sum of Forty Four Thousand, Five Hundred Dollars and No Cents ($44,500.00) from Mayor’s Unclassified, Termination Leave Reserve to the following accounts:
Building Department, Termination Leave $13,200.00
Library, Termination Leave 31,300.00
Total: $44,500.00
Presented to Mayor for approval – August 3, 2010
Approved – August 3, 2010
MARK P. HAWKE, Mayor
#8446
Leading to a motion, Councillor Alice Anderson explained the [current FY] interest on the proposed loan was included in the FY2011 budget under BAN [Bond Anticipation Note] Interest, whereas loan payments on principle begin in FY2013. She added the Mayor plan is to commit more funding for capital expenditures each fiscal year.
Speaking for the Public Safety Committee, Chairman Joshua Cormier stated it is the Committee’s goal to address replacement of aged fire apparatus with modern and efficient equipment.
Councillor Ronald Cormier added the Capital Improvement Committee has worked over the past few years to address capital needs, and is pleased to see the gains being made to achieve this goal.
On a motion by Councillor Alice Anderson, seconded by Councillor Ronald Cormier, on recommendation of the Finance Committee, it was voted unanimously on roll call, eleven (11) yeas, Councillors Alice Anderson, Henry Ares, David Boudreau, Joshua Cormier, Ronald Cormier, Patrick Gerry, Edward Gravel, Scott Graves, James Minns, James Robinson, Jr. and President Neil Janssens to pass the following Order:
CITY OF GARDNER
LOAN ORDER
(Various Capital Projects)
CITY OF GARDNER, In City Council
ORDERED, that the sum of $1,300,000 be and hereby is appropriated to pay costs of the following capital projects, including the payment of all costs incidental and related thereto; that to meet this appropriation, the Treasurer, with the approval of the Mayor, is authorized to borrow said amount under and pursuant to Chapter 44, Section 7 of the General Laws, as amended, or pursuant to any other enabling authority, and to issue and sell bonds or notes of the City therefor.
Amount Purpose
$625,000 Fire Truck (Quint)
325,000 Fire Truck (Rescue Pumper)
140,000 Bucket Truck
120,000 Brush Cutter
90,000 Gardner High School Fire Alarm Upgrade
Presented to Mayor for approval – August 3, 2010
Approved – August 3, 2010
MARK P. HAWKE, Mayor
ORDINANCES
#8431
On a motion by Councillor Joshua Cormier, seconded by Councillor Scott Gravel, it was voted on voice vote,
eleven (11) yeas, Councillors Alice Anderson, Henry Ares, David Boudreau, Joshua Cormier, Ronald Cormier, Patrick Gerry, Edward Gravel, Scott Graves, James Minns, James Robinson, Jr. and President Neil Janssens to order to Final Printing the following:
AN ORDINANCE AMENDING AN ORDINANCE LIMITING THE SCOPE OF OPERATION OF HAWKERS AND PEDDLERS
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GARDNER AS FOLLOWS:
That “An Ordinance Limiting the Scope of Operation of Hawkers and Peddlers (Ordinance No. 31) and amended several times thereafter, be further amended by inserting the following:
SECTION1A. Sunday, September 27, 2010 is hereby exempt from the prohibition against Sunday peddlers in recognition of the City of Gardner’s 225th Anniversary Celebration.
In City Council – July 6, 2010
Ordered Printed – July 6, 2010
First Printing – July 12, 2010
Ordinance Passed – August 2, 2010
Presented to Mayor for Approval – August 3, 2010
Approved – August 3, 2010
MARK P. HAWKE, Mayor
#8433
On a motion by Councillor Joshua Cormier, seconded by Councillor David Boudreau, it was voted on voice vote, eleven (11) yeas, Councillors Alice Anderson, Henry Ares, David Boudreau, Joshua Cormier, Ronald Cormier, Patrick Gerry, Edward Gravel, Scott Graves, James Minns, James Robinson, Jr. and President Neil Janssens to order to Final Printing the following:
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 inserting under ARTICLE VI, SECTION 2 (NO PARKING) the following:
Temple Street: South side, from the intersection of Elm Street easterly a distance of 110 feet.
South side, from the western intersection of Crescent Street, then westerly a distance of 80 feet.
South side, 20 feet west of the western intersection of Hospital Hill Road, then easterly to Nicolle Terrace.
North side, from the intersection of Lawrence Street, then easterly entire distance to Saunders Street.
In City Council – July 6, 2010
Ordered Printed – July 6, 2010
First Printing – July 12, 2010
Ordinance Passed – August 2, 2010
Presented to Mayor for Approval – August 3, 2010
Approved – August 3, 2010
MARK P. HAWKE, Mayor
#8447
Leading to a motion Councillor Joshua Cormier, Chairman of the Public Safety Committee, stated the new totes for the waste collection have arrived and the Ordinance change is necessary to reflect the new toter system.
On a motion by Councillor Joshua Cormier, seconded by Councillor James Robinson, it was voted on voice vote, eleven (11) yeas, Councillors Alice Anderson, Henry Ares, David Boudreau, Joshua Cormier, Ronald Cormier, Patrick Gerry, Edward Gravel, Scott Graves, James Minns, James Robinson, Jr. and President Neil Janssens to order to First Printing the following:
AN ORDINANCE RELATING TO SOLID WASTE COLLECTION AND DISPOSAL
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GARDNER AS FOLLOWS:
That “An Ordinance Relating to Solid Waste Collection and Disposal” (Ordinance No. 35, as amended), be further amended by inserting under SECTION 1. DEFINITIONS, the following:
“Approved Rubbish Container” shall be construed to mean the City supplied rolling rubbish cart.”
And be further amended by inserting under SECTION 2 (b), the following:
Every collection day as of October 1, 2010, each single-family household, or single¬ family apartment unit in a building with eight (8) apartments or less, may place a single approved rubbish container with a tight-fitting cover securely in place, out for collection. Said rubbish container must be clearly labeled with the unit identification and identifying city logo. Any additional rubbish that does not fit within said container must be placed in a valid City of Gardner trash bag.
And be further amended by striking SECTION 4 (b) in its entirety and inserting in place thereof the following:
b) Receptacles for ashes and rubbish shall be of such shape that the contents can be readily discharged from them. The combined weight of any container and its contents shall not exceed seventy pounds and the volume of the contents shall fit within the container with the lid closed.
First Printing – August 9, 2010
#8448
Leading to a motion, Councillor Alice Anderson explained the need to amend the Ordinance is due to the change in the City Assessor position. The previous Assessor’s wage was based on his unique set of skills. The change reflects a salary level [matching the] skill set of the new Assessor.
On a motion by Councillor Alice Anderson, seconded by Councillor Ronald Cormier, it was voted on voice vote, eleven (11) yeas, Councillors Alice Anderson, Henry Ares, David Boudreau, Joshua Cormier, Ronald Cormier, Patrick Gerry, Edward Gravel, Scott Graves, James Minns, James Robinson, Jr. and President Neil Janssens to order to First Printing the following:
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:
SECTION VA - DEPARTMENT HEADS
POSITION 04/30/2010
Assessor $70,000.00
And inserting in place thereof the following:
POSITION 08/01/2010
Assessor $60,000.00
First Printing – August 9, 2010
#8449
Leading to a motion, Councillor Alice Anderson explained the proposed ordinance amendment would streamline the hiring process, not circumvent the City Council’s role. The Council would still retain the power to create new positions, as well as well as changes to position descriptions.
On a motion by Councillor Alice Anderson, seconded by Councillor Ronald Cormier, it was voted on voice vote, eleven (11) yeas, Councillors Alice Anderson, Henry Ares, David Boudreau, Joshua Cormier, Ronald Cormier, Patrick Gerry, Edward Gravel, Scott Graves, James Minns, James Robinson, Jr. and President Neil Janssens to order to First Printing the following:
AN ORDINANCE AMENDING AN ORDINANCE RELATIVE TO VACANCIES IN CITY POSITIONS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GARDNER AS FOLLOWS:
That “An Ordinance Relative to Vacancies in City Positions” (Ordinance No. 67A), as amended, be further amended by striking the words “head of the department until approval is secured from the City Council” and inserting in place thereof “Mayor until approval is secured from the City Council if the position’s job description is to be changed”.
First Printing – August 9, 2010
#8450
Leading to a motion, Councillor Joshua Cormier, Chairman of the Public Safety Committee, explained the [Safety] Committee recommends regulating “PODS” (temporary storage units) as they are proliferating across the City. Several Councillors questioned the appeals process if the Building Commissioner denies an applicant. Councillor Joshua Cormier explained the Ordinance before them has such an appeal provision (Section 5).
On a motion by Councillor Joshua Cormier, seconded by Councillor Scott Graves, it was voted on voice vote, eleven (11) yeas, Councillors Alice Anderson, Henry Ares, David Boudreau, Joshua Cormier, Ronald Cormier, Patrick Gerry, Edward Gravel, Scott Graves, James Minns, James Robinson, Jr. and President Neil Janssens to order to First Printing and Refer back to the Public Safety Committee for further Study the following:
AN ORDINANCE RELATING TO TEMPORARY STORAGE UNITS
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GARDNER AS FOLLOWS:
SECTION 1. Temporary storage units are allowed by right if used for not more than 60 days, subject to the submission of an application and $25.00 application fee as set forth herein. Said storage units shall not be utilized for more than two periods of up to 60 cumulative days within one calendar year. All temporary storage units must comply with the guidelines prescribed for in this Ordinance.
SECTION 2. “Temporary Storage Unit” is defined as a reusable vessel that is designed or used for packing, shipping, movement or transportation of freight, articles, goods or commodities and is capable of being mounted or moved by rail car or truck or truck trailer. A temporary storage unit shall not consist of any reusable vessel defined above being utilized in connection with an active valid building permit.
SECTION 3. Temporary storage units are prohibited from being placed in streets or the front yard of a property. Units must be kept in the driveway or parking area of the property at the furthest accessible point from the street. The applicant shall obtain pre-approval from the building commissioner if the property does not have a driveway or parking area. In residential zones, the applicant shall obtain the pre-approval from the building commissioner if the driveway or parking area is located in the front yard of the property.
Upon expiration of the termination of any building permit issued by the City of Gardner, any temporary storage unit on the property must be removed or registered as set forth herein within five business days of said expiration or termination.
SECTION 4. Only one temporary storage unit may be placed on any property at any time. The building commissioner may grant an exemption to the restriction on the number of temporary storage units on any property upon a showing of good cause, submitted in writing, to the building commissioner.
SECTION 5. Any temporary storage unit accessory to a commercial or industrial use shall be registered with the building commissioner by the person that owns, rents or controls the property at which the temporary storage unit will be used. The application shall contain the following:
1. The name of the person to whom the unit is supplied.
2. Whether the person owns, rents, occupies or controls the property.
3. The address at which the unit will be placed.
4. The delivery date and removal date.
5. Active building permit number, if unit will be used for storage of building materials.
6. The building commissioner's pre-approval of the location, if applicable.
7. A sketch or photo depicting the location and placement of the temporary storage unit.
The application shall be accompanied by a $25.00 fee. The effective date of the registration shall be the date of the building commissioner's approval.
SECTION 6. Any person who shall place a temporary storage unit in violation of this section shall be subject to a fine of not more than $300.00 for each offense. Each day that the violation continues shall constitute a separate offense.
SECTION 7. The building commissioner may grant an extension of time for the use of a temporary storage unit beyond 60 days or for the use of multiple units, upon a showing of good cause or extenuating circumstances by the applicant justifying an extension, as well as compliance with this and any other applicable ordinance, rule, regulation, law or restriction. The fee for such an extension shall be $50.00 and the extension shall be valid for the time specified by the building commissioner.
First Printing – August 9, 2010
PETITIONS, APPLICATIONS, REMONSTRANCES, ETC.
#8451
On a motion by Councillor Ronald Cormier, seconded by Councillor Henry Ares, it was voted on voice vote,
eleven (11) yeas, Councillors Alice Anderson, Henry Ares, David Boudreau, Joshua Cormier, Ronald Cormier, Patrick Gerry, Edward Gravel, Scott Graves, James Minns, James Robinson, Jr. and President Neil Janssens to adopt the following:
CITY OF GARDNER
NOTICE
STATE PRIMARY
TUESDAY, SEPTEMBER 14, 2010
POLLS OPEN 7:00 O'CLOCK A.M. POLLS CLOSE 8:00 O'CLOCK P.M.
In accordance with the vote taken by the City Council on August 2, 2010, it is ordered that meetings of the citizens of this City qualified to vote in the State Primaries shall be held on TUESDAY, SEPTEMBER 14, 2010 for the purpose of casting their votes in the State Primaries for the candidates of political parties for the following offices:
GOVERNOR……………………………………………...FOR THIS COMMONWEALTH
LT. GOVERNOR………………………………………....FOR THIS COMMONWEALTH
ATTORNEY GENERAL…………………………………FOR THIS COMMONWEALTH
SECRETARY OF STATE………………………………..FOR THIS COMMONWEALTH
TREASURER……………………………………………..FOR THIS COMMONWEALTH
AUDITOR………………………………………………...FOR THIS COMMONWEALTH
REPRESENTATIVE IN CONGRESS……………………………………FIRST DISTRICT
COUNCILLOR………………………………………………………SEVENTH DISTRICT
SENATOR IN GENERAL COURT…………..WORCESTER & MIDDLESEX DISTRICT
REPRESENTATIVE IN GENERAL COURT……….SECOND WORCESTER DISTRICT
DISTRICT ATTORNEY………………………………………………MIDDLE DISTRICT
SHERIFF………………………………………………………….WORCESTER COUNTY
It is further ordered that the following polling places are designated by this Council:
WARD 1, PRECINCT A – Elk’s Home, 31 Park Street
WARD 1, PRECINCT B – Elk’s Home, 31 Park Street
WARD 1, PRECINCT C – Elk’s Home, 31 Park Street
WARD 2, PRECINCT A – Levi Heywood Memorial Library, 55 West Lynde Street
WARD 2, PRECINCT B – Levi Heywood Memorial Library, 55 West Lynde Street
WARD 3, PRECINCT A – Acadien Social Club, 193 Parker Street
WARD 3, PRECINCT B – High Rise (Lounge Area), 116 Church Street
WARD 4, PRECINCT A – Sacred Heart Church Hall, 166 Cross Street
WARD 4, PRECINCT B – Sacred Heart Church Hall, 166 Cross Street
WARD 5, PRECINCT A – Knights of Columbus, 110 South Main Street
WARD 5, PRECINCT B – Knights of Columbus, 110 South Main Street
It is further ordered that the polls shall open at 7:00 o'clock in the morning and close at 8:00 o'clock in the evening.
Presented to Mayor for approval – August 3, 2010
Approved – August 3, 2010
MARK P. HAWKE, Mayor
#8452
On a motion by Councillor Joshua Cormier, seconded by Councillor James Robinson, it was voted on voice vote,
eleven (11) yeas, Councillors Alice Anderson, Henry Ares, David Boudreau, Joshua Cormier, Ronald Cormier, Patrick Gerry, Edward Gravel, Scott Graves, James Minns, James Robinson, Jr. and President Neil Janssens to refer acceptance of the provisions of 780 CMR Appendix 102.AA of the Massachusetts State Stretch Energy Code to the Public Safety Committee for Study and Report.
#8453
On a motion by Councillor James Robinson, seconded by Councillor Henry Ares, it was voted unanimously on voice vote, eleven (11) yeas, Councillors Alice Anderson, Henry Ares, David Boudreau, Joshua Cormier, Ronald Cormier, Patrick Gerry, Edward Gravel, Scott Graves, James Minns, James Robinson, Jr. and President Neil Janssens to accept conveyance of the following temporary and permanent easements granted to the City of Gardner as set forth on a Plan of Land attached hereto as Exhibit A.
PERMANENT EASEMENTS
Permanent Easement 1 (P-1): from 354 Main Street, LLC, 83 Orchard Hill Drive, Leominster, MA 01453
Permanent Easement 2 (P-2): from Muriel Spaulding, 341 Pine Street, Gardner, MA 01440
Permanent Easement 3 (P-3): from Gary P. O’Neill, 347 Pine Street, Gardner, MA 01440
Permanent Easement 4 (P-4): from William H. Foss, III, 351 Pine Street, Gardner, MA 01440
Permanent Easement 5 (P-5): from Robert H. Voyer, 365 Pine Street, Gardner, MA 01440
Permanent Easement 6 (P-6): from 354 Main Street, LLC, 83 Orchard Hill Drive, Leominster, MA 01453
Permanent Easement for Parking Lot: from 354 Main Street, LLC, 83 Orchard Hill Drive, Leominster, MA 01453
TEMPORARY EASEMENTS
Temporary Easements 1 (T-1): from Gardner Main Realty Trust, 874 County Street, Taunton, MA 02780
Temporary Easements 2 (T-2): from Muriel Spaulding, 341 Pine Street, Gardner, MA 01440
Temporary Easements 3 (T-3): from Gary P. O’Neill, 347 Pine Street, Gardner, MA 01440
Temporary Easements 4 (T-4): from William H. Foss, III, 351 Pine Street, Gardner, MA 01440
Temporary Easements 5 (T-5): from Robert H. Voyer, 365 Pine Street, Gardner, MA 01440
Temporary Easements 6 (T-6): from 354 Main Street, LLC, 83 Orchard Hill Drive, Leominster, MA 01453
Presented to Mayor for approval – August 3, 2010
Approved – August 3, 2010
MARK P. HAWKE, Mayor
#8454
On a motion by Councillor Alice Anderson, seconded by Councillor Ronald Cormier, on recommendation of the Finance Committee, it was voted unanimously on voice vote, eleven (11) yeas, Councillors Alice Anderson, Henry Ares, David Boudreau, Joshua Cormier, Ronald Cormier, Patrick Gerry, Edward Gravel, Scott Graves, James Minns, James Robinson, Jr. and President Neil Janssens to authorize the City to enter into contracts not to exceed five (5) years for Environmental Engineering and Licensed Site Professional Services, pursuant to the provisions of Massachusetts General Law, Chapter 30B, section 12 and under the terms outlined in the Mayor’s letter dated July 22, 2010.
Presented to Mayor for approval – August 3, 2010
Approved – August 3, 2010
MARK P. HAWKE, Mayor
#8455
On a motion by Councillor Alice Anderson, seconded by Councillor Ronald Cormier, on recommendation of the Finance Committee, it was voted unanimously on voice vote, eleven (11) yeas, Councillors Alice Anderson, Henry Ares, David Boudreau, Joshua Cormier, Ronald Cormier, Patrick Gerry, Edward Gravel, Scott Graves, James Minns, James Robinson, Jr. and President Neil Janssens to authorize the City to enter into contracts not to exceed five (5) years for Financial Services, pursuant to the provisions of Massachusetts General Law, Chapter 30B, section 12 and under the terms outlined in the Mayor’s letter dated July 22, 2010.
Presented to Mayor for approval – August 3, 2010
Approved – August 3, 2010
MARK P. HAWKE, Mayor
#8456
On a motion by Councillor Ronald Cormier, seconded by Councillor Patrick Gerry, on recommendation of the Finance Committee, it was voted unanimously on voice vote, eleven (11) yeas, Councillors Alice Anderson, Henry Ares, David Boudreau, Joshua Cormier, Ronald Cormier, Patrick Gerry, Edward Gravel, Scott Graves, James Minns, James Robinson, Jr. and President Neil Janssens to declare surplus for the purpose of disposal, in accordance with prevailing General Laws, a parcel of land and building(s) located at 140 South Main Street, further identified on the City of Gardner Assessor’s Map as Map 16, Lot 11, Plot 11.
#8457
On a motion by Councillor Joshua Cormier, seconded by Councillor James Minns, on recommendation of the Finance Committee, it was voted unanimously on voice vote, eleven (11) yeas, Councillors Alice Anderson, Henry Ares, David Boudreau, Joshua Cormier, Ronald Cormier, Patrick Gerry, Edward Gravel, Scott Graves, James Minns, James Robinson, Jr. and President Neil Janssens to declare surplus for the purpose of disposal, in accordance with prevailing General Laws, a parcel of land and building(s) located at56 Pearl Street, further identified on the City of Gardner Assessor’s Map as Map 26, Lot 4, Plot 14.
#8458
On a motion by Councillor Alice Anderson, seconded by Councillor Ronald Cormier, on recommendation of the Finance Committee, it was voted unanimously on voice vote, eleven (11) yeas, Councillors Alice Anderson, Henry Ares, David Boudreau, Joshua Cormier, Ronald Cormier, Patrick Gerry, Edward Gravel, Scott Graves, James Minns, James Robinson, Jr. and President Neil Janssens to authorize the City Engineer to fill the anticipated vacancy in the Clerk & Typist position in the Survey Department, in accordance with the terms of the City Engineer’s letter dated July 27, 2010.
#8459
On a motion by Councillor Alice Anderson, seconded by Councillor Ronald Cormier, on recommendation of the Finance Committee, it was voted unanimously on voice vote, eleven (11) yeas, Councillors Alice Anderson, Henry Ares, David Boudreau, Joshua Cormier, Ronald Cormier, Patrick Gerry, Edward Gravel, Scott Graves, James Minns, James Robinson, Jr. and President Neil Janssens to authorize the Health Director to fill the vacant Principal Clerk & Typist position in the Health Department, in accordance with the terms of the Health Director’s letter dated July 9, 2010.
REPORTS OF STANDING COMITTEES
PUBLIC SAFETY COMMITTEE
#8432
On a motion by Councillor Joshua Cormier, seconded by Councillor Scott Gravel, on recommendation of the Safety Committee, it was voted unanimously on voice vote, eleven (11) yeas, Councillors Alice Anderson, Henry Ares, David Boudreau, Joshua Cormier, Ronald Cormier, Patrick Gerry, Edward Gravel, Scott Graves, James Minns, James Robinson, Jr. and President Neil Janssens to order to First Printing the following:
AN ORDINANCE RELATIVE TO JUNK DEALERS AND DEALERS IN SECOND HAND ARTICLES.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GARDNER AS FOLLOWS:
That “An Ordinance Relative To Junk Dealers and Dealers in Second Hand Articles, adopted by the City Council, from time to time amended, be further amended by replacing Ordinance 32 in its entirety as follows:
Section I. Definitions
As used in this ordinance, the following terms shall have the meanings indicated:
ACCEPTABLE IDENTIFICATION means either:
A. A current driver's license that includes the date of birth, photograph, and physical description of the person offering the identification; or
B. Two other pieces of current identification, at least one of which is issued by a governmental agency or subdivision and includes the date of birth, photograph and physical description of the person offering the identification.
POLICE CHIEF: The Chief of Police of the City of Gardner or her or his designee.
LICENSING AUTHORITY: The Gardner City Council.
REGULATED PROPERTY includes, but is not limited to, the following used property:
A. Precious metals, including but not limited to any metal valued for its character, rarity, beauty or quality, including gold, silver, copper, platinum or other metals, whether as a separate item or in combination with other items.
B. Precious gems, including but not limited to any gem valued for its character, rarity, beauty or quality, including diamonds, rubies, emeralds, sapphires or pearls, or other precious or semiprecious gems or stones, whether as a separate item or in combination with other items or as a piece of jewelry.
C. Watches and jewelry containing precious metals or precious gems, including but not limited to, rings, necklaces, pendants, earrings, brooches, chains, pocket watches, wristwatches, or stopwatches.
D. Sterling silver or crystal flatware, including but not limited to knives, forks, spoons, candlesticks, coffee and tea sets, or ornamental objects or fine China.
E. Any electronic audio, video or photographic and optical equipment, along with computer or computer equipment or recordings in any form including but not limited to any video game system, software, or accompanying related item.
F. Any power tools or equipment.
G. Musical instruments.
H. Sporting equipment.
I. Machinery, in whole or taken in parts.
J. Collectibles, including art and antique objects, but excluding books, prints, coins or postage stamps in accordance with G.L. c. 140, § 55.
SECONDHAND COLLECTOR has the same meaning as the term "junk collector" in MGL c. 140, § 56.
SECONDHAND DEALER has the same meaning as the term "junk dealer" and "keeper of a shop for the purchase, sale or barter of junk, old metals or secondhand articles" in MGL c. 140, § 54.
Section II. Secondhand Dealers
(a) No person shall carry on the business of being a scrap metal processor, a collector of, dealer in or keeper of a shop for the purchase, sale or barter of regulated property or second hand articles without a license issued by the Licensing Authority of the City of Gardner in accordance with G.L. C. 140, § 54.
(b) All applications for licenses under this section shall be made on a form or forms to be prescribed by Licensing Authority or its designee and shall set forth the name of the licensee, the nature of the business and the building or place in the City in which it is to be carried on. The licensee shall immediately report to the Licensing Authority and to the Chief of Police any changes in the information listed in this section.
(c) The fee for such license shall be as set forth in Ordinance No. 94. Societies, associations or corporations organized solely for religious or charitable purposes shall not be required to pay a fee for such license. No licenses shall be transferred without the prior consent of the Licensing Authority and all licenses shall be posted on the licensed premises in a conspicuous place and manner.
(d) Every license issued under this section shall expire on May first following the date of issue in accordance with G.L. C. 140, § 203, unless sooner revoked
(e) Any person who carries on the business of being a scrap metal processor, collector of, dealer in or keeper of a shop for the purchase, sale or barter of regulated property or second hand articles shall utilize forms, approved by the Chief of Police or his designee to record each transaction and shall enter, at a minimum, the following information:
1) Name, date of birth and residence of the person with whom such transaction was made;
2) the date and time when such transaction occurred;
3) the price paid for the article,
4) a description of the article, including type and approximate weight and quantity;
5) the license plate number and state of issue of the vehicle being used by the person offering the article to transport the article to the licensee's place of business;
6) a written statement from the person offering the article stating that he or she is in lawful possession of the article being offered; and
7) A legible copy of a state issued identification bearing the photograph of the person with whom any transaction is made.
All forms so required shall be kept on the licensed premises and be available for inspection by the Chief of Police or his designee whenever the business is operating and open. All records required under this section shall be retained by the licensee for a period of three years from the date of the transaction.
(f) The Chief of Police or his designee may enter upon the licensed premises and examine all articles, books, forms or inventories kept or stored upon said premises by the licensee whenever the business is operating and open.
(g) The Chief of Police may grant an exemption to any one or more of the requirements in paragraphs (e) for a particular transaction. A request for an exemption must be made by the licensee in writing to the Chief of Police stating the reason for the request. The Chief of Police shall approve or disapprove the request and send written notification of the decision to the licensee. The Chief of Police, in his discretion, may impose any terms, conditions or restrictions on any exemption granted under this section.
(h) A copy of every purchase report form filled out as required by this chapter shall be kept on the premises of the secondhand dealer or secondhand collector business during normal business hours for at least three years from the date of purchase. The report form shall be subject to inspection by the Police Chief or his designee.
(i) No person licensed under the provisions of this section shall purchase any article from any individual under the age of 18, knowing or having reasonable cause to believe that such person is a minor.
(j) Any person who carries on the business of being a scrap metal processor, collector of, dealer in or keeper of a shop for the purchase, sale or barter of regulated property or second hand articles without a license or in violation of any provisions of this section shall be assessed a fine in the amount of $300.00. Each day on which a violation exists shall constitute a separate offense.
(k) Any license issued under this section may be revoked at the pleasure of the Licensing Authority in accordance with G.L. c. 140, § 54 and is further subject to §§ 202 through 205 of General Laws c.140, inclusive.
Section III. Secondhand Collectors.
(a) No person shall go about the City gathering, collecting or dealing in junk, secondhand articles, bottles, clothes or rags without first being licensed therefore by the Licensing Authority or its designee.
(b) The fee for such license is as set forth in Ordinance No. 94 for The City of Gardner.
(c) Every person so licensed shall wear in plain sight a badge bearing the number of his or her license thereof, in figures of not less than one-half inch in height.
Section IV. General Provisions
(a) All licenses issued under the provisions of this ordinance shall be displayed by the vendor in a conspicuous place and manner at the sales site.
(b) Any license issued under the provisions of this ordinance may not be transferred or assigned to any other person, or used by any person other than the person to whom it had been issued.
(c) Any violation of any provision of this ordinance may result in the revocation or suspension of the license by the Licensing Authority.
(d) Grounds for denying an Application for a License under this Section or revocation or suspension of such License under this Section may include, but is not limited to: making a false statement in the Application; conviction of a felony or any crime involving a false statement within 15 years prior to the Application date; conviction of any law of the Commonwealth of Massachusetts that is contrary to the type of secondhand business to be conducted including, but not limited to, receiving stolen property, any form of breaking and entering, larceny’s from a person, or any other form of larceny, or any form of aggravated assault, as verified by a CORI by the Police Chief or his designee; or any violation of the conditions of the license or any law or regulation of the Commonwealth or the City of Gardner.
(e) A licensee may make a written request for a hearing before the licensing authority upon denial of such Application or upon Notice of any such revocation or suspension, which hearing shall be held by the Licensing Authority within fifteen days of receipt of the request. Any license issued pursuant to any section herein may be revoked at pleasure by the Licensing Authority in accordance with G.L. c. 140, § 54.
(f) All weighing or measuring devices used by a licensee in the conduct of the licensed business shall be tested and sealed by the Sealer of Weights and Measures, of the City of Gardner, prior to being placed in service.
(g) Holding Period. No article purchased or received as described in the categories of precious metals or precious gems and as further defined in Section I, subsections A through E, shall be sold or altered in appearance, form or substance until a period of at least fourteen days from the date of its purchase or receipt has elapsed.
First Printing – August 9, 2010
NEW BUSINESS
On a motion by Councillor Joshua Cormier, seconded by Councillor David Boudreau, it was voted on voice vote, eleven (11) yeas, Councillors Alice Anderson, Henry Ares, David Boudreau, Joshua Cormier, Ronald Cormier, Patrick Gerry, Edward Gravel, Scott Graves, James Minns, James Robinson, Jr. and President Neil Janssens to consider NEW BUSINESS.
FIRE APPARATUS
Councillor Patrick Gerry remarked how happy he is that the City is purchasing new fire equipment.
EXPERIENCE GARDNER FESTIVAL & SIDEWALK SALE
Councillor Patrick Gerry reminded the Councillors that the 71st Annual Experience Gardner Festival & Sidewalk Sale will be held on Friday August 6th from 8:00 a.m. to 8:00 p.m. and Saturday, August 7th from 8:00 a.m. to 5:00 p.m. Councillor Joshua Cormier echoed his remarks.
181ST BRAVO COMPANY DEPLOYMENT
Councillor Edward Gravel informed the Council that he attended the deployment ceremony for the 181st Bravo Company on Saturday with Councillors James Robinson and Joshua Cormier. Councillor Robinson added he was proud to be there, as well and Councillor Joshua Cormier expressed a “great deal of gratitude” to the deploying troops.
CAPITAL PROJECTS/BOND ISSUE
Councillor David Boudreau commented on other capital items to be purchased under the Capital Equipment Loan Order, namely the brush cutter and bucket truck for the Municipal Grounds Department, which he added were “equally as important” as the other items. Councillor James Robinson added he was pleased to see a new bucket truck [to be purchased] for Municipal Grounds Director Mike Gonyeo.
JUNK DEALERS & DEALERS IN SECOND HAND ARTICLES ORDINANCE
Councillor Henry Ares complimented the Public Safety Committee for their hard work in developing a new Junk Dealer & Dealers in Second Hand Articles Ordinance.
GREENWOOD MEMORIAL POOL
Councillor James Robinson commented on a “big swim meet” held over the weekend at the Greenwood Memorial Pool.
PUBLIC SAFETY COMMITTEE
Councillor Scott Graves stated, “The Public Safety Committee is a very busy Committee, there’s a lot going on and despite the bad economy, things are happening, we’re trudging along. People need to recognize the work being done, particularly the recent purchase of fire trucks”.
YOUTH COMMISSION-SPONSORED “MOVIES IN THE PARK”
Councillor Joshua Cormier announced the Youth Commission-sponsored “Movies in the Park” will present “the Little Rascals” on Friday at Monument Park.
BACK TO SCHOOL
Councillor Joshua Cormier remarked school will soon be back, so watch for pedestrians in crosswalks.
REGISTRY OF MOTOR VEHICLES LICENSE RENEWAL
Councillor Alice Anderson commented that since the Registry of Motor Vehicles no longer mails notices to licensed drivers of expiring licenses, people need to be alert about the expiration date on the license.
PRESIDENT NEIL JANSSENS BIRTHDAY
Councillor Ronald Cormier extended best wishes to President Neil Janssens who would be celebrating his 72nd birthday on Wednesday, August 2nd.
ADJOURNMENT
On a motion by Councillor Joshua Cormier, seconded by Councillor Alice Anderson, it was voted on voice vote, , eleven (11) yeas, Councillors Alice Anderson, Henry Ares, David Boudreau, Joshua Cormier, Ronald Cormier, Patrick Gerry, Edward Gravel, Scott Graves, James Minns, James Robinson, Jr. and President Neil Janssens to adjourn at 8:14 o’clock p.m. after recitation of the Closing Prayer.
Accepted by the City Council: September 7, 2010
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