Tuesday evening, September 7, 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?
No person in attendance responded.
Roll call taken – Ten (10) members present, Councillors Alice Anderson, Henry Ares, David Boudreau, Joshua Cormier, Ronald Cormier, Patrick Gerry, Edward Gravel, James Minns, James Robinson, Jr. and President Neil Janssens; one (1) absent, Councillor Scott Graves.
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, Councillors Alice Anderson, Henry Ares, David Boudreau, Joshua Cormier, Ronald Cormier, Patrick Gerry, Edward Gravel, James Minns, James Robinson, Jr. and President Neil Janssens, one (1) absent, Councillor Scott Graves, to accept the Minutes of the Regular and Special Meetings of August 2, 2010, as written.
APPOINTMENTS
#8460
Councillor Ronald Cormier recused himself from participation and voting on this Item, as the Appointee is his wife. No objections were raised and he was excused.
On a motion by Councillor Alice Anderson, seconded by Councillor Henry Ares, it was voted on voice vote,
nine (9) yeas, Councillors Alice Anderson, Henry Ares, David Boudreau, Joshua Cormier, Patrick Gerry, Edward Gravel, James Minns, James Robinson, Jr. and President Neil Janssens; one (1) absent, Councillor Scott Graves; one (1) excused, Councillor Ronald Cormier, to confirm the following appointment received from the Mayor:
MARCELLE S. CORMIER to the position of Member, Council on Aging for term expiring June 19, 2013 (to fill unexpired term of Rene Doiron).
Worcester, ss. September 7, 2010
Then personally appeared MARCELLE S. CORMIER and made oath that she would faithfully and impartially perform the duties of the office of Member, Council on Aging according to law and the best of her abilities.
Before me,
/s/ Alan L. Agnelli, City Clerk
#8461
Councillor Edward Gravel recused himself from participation and voting on this Item, as he is the Appointee. No objections were raised and he was excused.
On a motion by Councillor David Boudreau, seconded by Councillor Patrick Gerry, it was voted on voice vote,
nine (9) yeas, Councillors Alice Anderson, Henry Ares, David Boudreau, Joshua Cormier, Ronald Cormier, Patrick Gerry, James Minns, James Robinson, Jr. and President Neil Janssens; one (1) absent, Councillor Scott Graves; one (1) excused, Councillor Edward Gravel, to confirm the following appointment received from the Mayor:
EDWARD A. GRAVEL to the position of Member, Youth Commission for term expiring May 19, 2013.
Worcester, ss. September 7, 2010
Then personally appeared EDWARD A. GRAVEL and made oath that he would faithfully and impartially perform the duties of the office of Member, Youth Commission according to law and the best of his abilities.
Before me,
/s/ Alan L. Agnelli, City Clerk
#8462
On a motion by Councillor Ronald Cormier, seconded by Councillor Joshua Cormier, it was voted on voice vote,
ten (10) yeas, Councillors Alice Anderson, Henry Ares, David Boudreau, Joshua Cormier, Ronald Cormier, Patrick Gerry, Edward Gravel, James Minns, James Robinson, Jr. and President Neil Janssens; one (1) absent, Councillor Scott Graves, to confirm the following appointment received from the Mayor:
LUDGER A. ROBICHAUD to the position of Member, Cemetery Commission for term expiring March 11, 2011 (to fill unexpired term of Paul Bergevin).
#8463
On a motion by Councillor Henry Ares, seconded by Councillor James Robinson, it was voted on voice vote,
ten (10) yeas, Councillors Alice Anderson, Henry Ares, David Boudreau, Joshua Cormier, Ronald Cormier, Patrick Gerry, Edward Gravel, James Minns, James Robinson, Jr. and President Neil Janssens; one (1) absent, Councillor Scott Graves, to confirm the following appointment received from the Mayor:
GREGORY P. DUMAS to the position of Member, Conservation Commission for term expiring September 8, 2012 (to fill unexpired term of Edward Goss).
Worcester, ss. September 7, 2010
Then personally appeared GREGORY P. DUMAS and made oath that he would faithfully and impartially perform the duties of the office of Member, Conservation Commission according to law and the best of his abilities.
Before me,
/s/ Alan L. Agnelli, City Clerk
ORDINANCES
#8432
On a motion by Councillor Joshua Cormier, seconded by Councillor James Robinson, it was voted on voice vote,
ten (10) yeas, Councillors Alice Anderson, Henry Ares, David Boudreau, Joshua Cormier, Ronald Cormier, Patrick Gerry, Edward Gravel, James Minns, James Robinson, Jr. and President Neil Janssens; one (1) absent, Councillor Scott Graves, to order to Final 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
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.
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.
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.
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
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:
- Name, date of birth and residence of the person with whom such transaction was made;
- the date and time when such transaction occurred;
- the price paid for the article,
- a description of the article, including type and approximate weight and quantity;
- 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;
- a written statement from the person offering the article stating that he or she is in lawful possession of the article being offered; and
- 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.
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.
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.
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.
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.
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.
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.
In City Council – July 6, 2010
Ordered Printed – August 2, 2010
First Printing – August 9, 2010
Ordinance Passed – September 7, 2010
Presented to Mayor for Approval – September 8, 2010
Approved – September 14, 2010
MARK P. HAWKE, Mayor
#8447
On a motion by Councillor Joshua Cormier, seconded by Councillor James Robinson, it was voted on voice vote, ten (10) yeas, Councillors Alice Anderson, Henry Ares, David Boudreau, Joshua Cormier, Ronald Cormier, Patrick Gerry, Edward Gravel, James Minns, James Robinson, Jr. and President Neil Janssens; one (1) absent, Councillor Scott Graves, to order to Final 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.
In City Council – August 2, 2010
Ordered Printed – August 2, 2010
First Printing – August 9, 2010
Ordinance Passed – September 7, 2010
Presented to Mayor for Approval – September 8, 2010
Approved – September 14, 2010
MARK P. HAWKE, Mayor
#8448
On a motion by Councillor Alice Anderson, seconded by Councillor Edward Gravel, it was voted on voice vote,
ten (10) yeas, Councillors Alice Anderson, Henry Ares, David Boudreau, Joshua Cormier, Ronald Cormier, Patrick Gerry, Edward Gravel, James Minns, James Robinson, Jr. and President Neil Janssens; one (1) absent, Councillor Scott Graves, to order to Final 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
In City Council – August 2, 2010
Ordered Printed – August 2, 2010
First Printing – August 9, 2010
Ordinance Passed – September 7, 2010
Presented to Mayor for Approval – September 8, 2010
Approved – September 14, 2010
MARK P. HAWKE, Mayor
#8449
On a motion by Councillor Ronald Cormier, seconded by Councillor David Boudreau, it was voted on voice vote,
ten (10) yeas, Councillors Alice Anderson, Henry Ares, David Boudreau, Joshua Cormier, Ronald Cormier, Patrick Gerry, Edward Gravel, James Minns, James Robinson, Jr. and President Neil Janssens; one (1) absent, Councillor Scott Graves, to order to Final 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”.
In City Council – August 2, 2010
Ordered Printed – August 2, 2010
First Printing – August 9, 2010
Ordinance Passed – September 7, 2010
Presented to Mayor for Approval – September 8, 2010
Approved – September 14, 2010
MARK P. HAWKE, Mayor
PETITIONS, APPLICATIONS, REMONSTRANCES, ETC.
#8464
On a motion by Councillor Patrick Gerry, seconded by Councillor Edward Gravel, it was voted on voice vote,
ten (10) yeas, Councillors Alice Anderson, Henry Ares, David Boudreau, Joshua Cormier, Ronald Cormier, Patrick Gerry, Edward Gravel, James Minns, James Robinson, Jr. and President Neil Janssens; one (1) absent, Councillor Scott Graves, to refer to the Public Welfare Committee for Study and Report authorizing the City to enter into contracts not to exceed ten (10) years for Forestry Management Services of publicly-owned land, pursuant to the provisions of Massachusetts General Law, Chapter 30B, section 12 and under the terms outlined in the Purchasing Agent’s dated August 19, 2010.
#8465
On a motion by Councillor Joshua Cormier, seconded by Councillor James Robinson, it was voted on voice vote,
ten (10) yeas, Councillors Alice Anderson, Henry Ares, David Boudreau, Joshua Cormier, Ronald Cormier, Patrick Gerry, Edward Gravel, James Minns, James Robinson, Jr. and President Neil Janssens; one (1) absent, Councillor Scott Graves, to accept the provisions of Section 33B of Chapter 138 of the General Laws, as amended by Section 93 of Chapter 131 of the Acts of 2010, authorizing the local licensing authority to grant establishments licensed under section twelve of Chapter 138 permission to sell alcoholic beverages after 10:00 a.m. on Sundays, the last Monday in May and on Christmas day or on the day following when said day occurs on Sunday.
Presented to Mayor for approval – September 8, 2010
Approved – September 14, 2010
MARK P. HAWKE, Mayor
#8466
Councillor Ronald Cormier moved to ratify and affirm the vote of the City Council taken on October 18, 2004 authorizing the then Mayor St. Hilaire to place out to bid a parcel of land off Betty Spring Road consisting of the following: lots 284 through 279 inclusive, portions of lots 181 through 187 inclusive and portions of lots 269 through 279 inclusive all as shown on a plan titled Fairview and recorded in plan book 10 plan 59 and as referred to in an assessor’s deed abstract 1945 page 89-17 and at the Worcester County Registry of Deeds Book 2979 Page 146.
Councillor Alice Anderson seconded Councillor Cormier’s motion.
Councillor David Boudreau requested a brief recess in order to study documents pertaining to this matter he received at the beginning of the meeting.
President Janssens called for a motion to recess.
On a motion by Councillor Ronald Cormier, seconded by Councillor James Minns, it was voted on voice vote,
ten (10) yeas, Councillors Alice Anderson, Henry Ares, David Boudreau, Joshua Cormier, Ronald Cormier, Patrick Gerry, Edward Gravel, James Minns, James Robinson, Jr. and President Neil Janssens; one (1) absent, Councillor Scott Graves, it was voted to recess for two minutes to allow Councillor Boudreau an opportunity to study the documents.
The Council recessed at 7:45 p.m.
At 7:48 p.m., President Janssens declared the recess ended and reconvened the meeting.
City Solicitor John Flick presented himself to the Council for questions.
Councillor Boudreau questioned the square footage and acreage of the parcel, as listed in the original bid documents.
City Solicitor John Flick stated the original plot plan is dated 1910 and does not list the square footage of the lots, and an instrument survey was required to determine the actual area.
City Engineer Robert Hankinson explained he analyzed the deeds whereby the square footage and metes and bounds were in conflict and, at the expense of the bidder, an instrument survey was conducted and the measurements are now absolutely accurate.
City Solicitor John Flick added that the bid documents did not identify the original square footage, as the information was taken from the 1945 tax taking documents. He added the parcel is landlocked and limited in its use.
President Janssens called for a vote on the motion.
On voice vote, it was voted nine (9) yeas, Councillors Alice Anderson, Henry Ares, Joshua Cormier, Ronald Cormier, Patrick Gerry, Edward Gravel, James Minns, James Robinson, Jr. and President Neil Janssens; one (1) nay, Councillor David Boudreau; one (1) absent, Councillor Scott Graves, to ratify and affirm the vote of the City Council taken on October 18, 2004 authorizing the then Mayor St. Hilaire to place out to bid a parcel of land off Betty Spring Road consisting of the following: lots 284 through 279 inclusive, portions of lots 181 through 187 inclusive and portions of lots 269 through 279 inclusive all as shown on a plan titled Fairview and recorded in plan book 10 plan 59 and as referred to in an assessor’s deed abstract 1945 page 89-17 and at the Worcester County Registry of Deeds Book 2979 Page 146.
Presented to Mayor for approval – September 8, 2010
Approved – September 14, 2010
MARK P. HAWKE, Mayor
#8467
On a motion by Councillor Ronald Cormier, seconded by Councillor James Robinson, it was voted on voice vote,
eight (8) yeas, Councillors Alice Anderson, Henry Ares, Joshua Cormier, Ronald Cormier, Patrick Gerry, James Minns, James Robinson, Jr. and President Neil Janssens; two (2) nays, Councillors David Boudreau and Edward Gravel; one (1) absent, Councillor Scott Graves, to ratify and affirm the vote of the City Council taken on April 19, 2005 to accept the bid of Jennifer A. Corso for the purchase of City land off Betty Spring Road and to clarify said vote to confirm that the approved sale included the following lots: lots 284 through 279 inclusive, portions of lots 181 through 187 inclusive and portions of lots 269 through 279 inclusive all as shown on a plan titled Fairview and recorded in plan book 10 plan 59 and as referred to in an assessor’s deed abstract 1945 page 89-17 and at the Worcester County Registry of Deeds Book 2979 Page
146.
Presented to Mayor for approval – September 8, 2010
Approved – September 14, 2010
MARK P. HAWKE, Mayor
#8468
On a motion by Councillor Alice Anderson, seconded by Councillor James Minns, it was voted on voice vote,
eight (8) yeas, Councillors Alice Anderson, Henry Ares, Joshua Cormier, Ronald Cormier, Patrick Gerry, James Minns, James Robinson, Jr. and President Neil Janssens; two (2) nays, Councillors David Boudreau and Edward Gravel; one (1) absent, Councillor Scott Graves, to ratify and affirm the vote of the City Council taken on April 19, 2005 to authorize the Mayor to execute any and all documents necessary to complete the sale of said land to Jennifer A. Corso.
Presented to Mayor for approval – September 8, 2010
Approved – September 14, 2010
MARK P. HAWKE, Mayor
REPORTS OF STANDING COMITTEES
PUBLIC SAFETY COMMITTEE
#8450
There was no objection to granting the Public Safety Committee more time to report on AN ORDINANCE RELATING TO TEMPORARY STORAGE UNITS.
#8452
On a motion by Councillor Joshua Cormier, seconded by Councillor James Robinson, it was voted on voice vote,
ten (10) yeas, Councillors Alice Anderson, Henry Ares, David Boudreau, Joshua Cormier, Ronald Cormier, Patrick Gerry, Edward Gravel, James Minns, James Robinson, Jr. and President Neil Janssens; one (1) absent, Councillor Scott Graves to refer acceptance of the provisions of 780 CMR Appendix 120.AA of the Massachusetts State Stretch Energy Code to the Council as Committee of the Whole.
President Janssens announced a Special Meeting on this matter would be scheduled for Monday, September 20, 2010 at 6:45 p.m. in the Council Chambers.
NEW BUSINESS
On a motion by Councillor Joshua Cormier, seconded by Councillor Alice Anderson, it was voted on voice vote,
ten (10) yeas, Councillors Alice Anderson, Henry Ares, David Boudreau, Joshua Cormier, Ronald Cormier, Patrick Gerry, Edward Gravel, James Minns, James Robinson, Jr. and President Neil Janssens; one (1) absent, Councillor Scott Graves to consider New Business.
TREE LIMB REMOVAL
Councillor David Boudreau stated he has been working with the Welfare Committee on uncut tree limbs left over from the [December 2008] Ice Storm and has received unsatisfactory answers from the Municipal Grounds Director. He added the Director would no longer cut [limbs] on certain properties. “Even after [Welfare Committee Chairman] Councillor Gerry went to look at them, the [Municipal Grounds] department [still] refused”, he said. He added that the [limb removal] list is placed on sticky notes and that he would pursue the [Municipal Grounds] Department through the Mayor and others.
Councillor James Robinson, in response to Councillor Boudreau’s remarks, said the Tree Department has limited staff and is responsible for public shade trees. He added, “Is it a public or private tree?”
PUBLIC ROAD CONDITIONS
Councillor James Minns, Chairman of the Public Service Committee, commented on the manpower shortage and funding for the Public Works Department as pertains to the maintenance and repairs to the City’s streets. “We cannot get to all the streets in need [of repair]”, he added.
DEPARTMENT HEAD PERFORMANCE EVALUATIONS
Councillor Henry Ares stated he is disappointed that the Mayor, who campaigned on performance evaluations for department heads, has yet to implement the practice and would like to see something done soon. He mentioned he is on the Service Committee which works with [certain] department heads and thus, is aware of what is going on with these officials. He added we [Councillors] do not have the tools to review [department heads] when they come before the Council [for confirmation]. “Perhaps the [Council] President could raise the issue with the Mayor?” he added.
Councillor James Robinson, in response to Councillor Ares’ remarks, said he did not agree with the Council doing [performance] evaluations, as it is the Mayor’s prerogative.
STATE PRIMARY, SEPTEMBER 14, 2010
Councillor Henry Ares encouraged the voters to “get out and vote” on Tuesday, September 14th for the State Primary.
CONDOLENCES TO FAMILY OF KEVIN FLANAGAN
Councillor Joshua Cormier offered his condolences to the family of the late Kevin Flanagan, owner of Bonk’s Market.
NEW DOWNTOWN BUSINESSES
Councillor Joshua Cormier acknowledged the opening of “Gypsy & Wags” and a dance studio located in Downtown Gardner.
225TH ANNIVERSARY PARADE PARTICIPATION
President Neil Janssens informed the Council that he invited the 31 former City Councillors to participate in the 225th Anniversary parade on Sunday, September 26th. A parade banner for the Councillors has been ordered and Councillor Henry Ares is coordinating efforts to obtain use of antique automobiles for those Councillors unable to walk the parade route.
ADJOURNMENT
On a motion by Councillor Joshua Cormier, seconded by Councillor Alice Anderson, it was voted on voice vote,
ten (10) yeas, Councillors Alice Anderson, Henry Ares, David Boudreau, Joshua Cormier, Ronald Cormier, Patrick Gerry, Edward Gravel, James Minns, James Robinson, Jr. and President Neil Janssens; one (1) absent, Councillor Scott Graves to adjourn at 8:14 o’clock p.m. after recitation of the Closing Prayer.
Accepted by the City Council:
| 
