Monday evening, October 4, 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 – Eleven (11) 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 September 20, 2010, as written, and the Minutes of the Special Meeting of September 20, 2010, as amended.
COMMUNICATIONS FROM THE MAYOR
#8472
On a motion by Councillor James Robinson, seconded by Councillor James Minns, 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 to the Council as Committee of the Whole, an Executive Order Relative to Insurance Program.
PETITIONS, APPLICATIONS, REMONSTRANCES, ETC.
#8473
On a motion by Councillor Ronald Cormier, seconded by Councillor Edward 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 adopt the following:
Ordered, that meetings of the citizens of this City qualified to vote in the State Election shall be held on TUESDAY, NOVEMBER 2, 2010 for the purpose of casting their votes for the candidates for the following offices and questions:
GOVERNOR/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
QUESTION 1: Law Proposed by Initiative Petition
Do you approve of a law summarized below, on which no vote was taken by the Senate or the House of Representatives before May 4, 2010?
SUMMARY
This proposed law would remove the Massachusetts sales tax on alcoholic beverages and alcohol, where the sale of such beverages and alcohol or their importation into the state is already subject to a separate excise tax under state law. The proposed law would take effect on January 1, 2011.
A YES VOTE would remove the state sales tax on alcoholic beverages and alcohol where their sale or importation into the state is subject to an excise tax under state law.
A NO VOTE would make no change in the state sales tax on alcoholic beverages and alcohol.
QUESTION 2: LAW PROPOSED BY INITIATIVE PETITION
Do you approve of a law summarized below, on which no vote was taken by the Senate or the House of Representatives before May 4, 2010?
SUMMARY
This proposed law would repeal an existing state law that allows a qualified organization wishing to build government-subsidized housing that includes low- or moderate-income units to apply for a single comprehensive permit from a city or town’s zoning board of appeals (ZBA), instead of separate permits from each local agency or official having jurisdiction over any aspect of the proposed housing. The repeal would take effect on January 1, 2011, but would not stop or otherwise affect any proposed housing that had already received both a comprehensive permit and a building permit for at least one unit.
Under the existing law, the ZBA holds a public hearing on the application and considers the recommendations of local agencies and officials. The ZBA may grant a comprehensive permit that may include conditions or requirements concerning the height, site plan, size, shape, or building materials of the housing. Persons aggrieved by the ZBA’s decision to grant a permit may appeal it to a court. If the ZBA denies the permit or grants it with conditions or requirements that make the housing uneconomic to build or to operate, the applicant may appeal to the state Housing Appeals Committee (HAC).
After a hearing, if the HAC rules that the ZBA’s denial of a comprehensive permit was unreasonable and not consistent with local needs, the HAC orders the ZBA to issue the permit. If the HAC rules that the ZBA’s decision issuing a comprehensive permit with conditions or requirements made the housing uneconomic to build or operate and was not consistent with local needs, the HAC orders the ZBA to modify or remove any such condition or requirement so as to make the proposal no longer uneconomic. The HAC cannot order the ZBA to issue any permit that would allow the housing to fall below minimum safety standards or site plan requirements. If the HAC rules that the ZBA’s action was consistent with local needs, the HAC must uphold it even if it made the housing uneconomic. The HAC’s decision is subject
to review in the courts.
A condition or requirement makes housing “uneconomic” if it would prevent a public agency or non-profit organization from building or operating the housing except at a financial loss, or it would prevent a limited dividend organization from building or operating the housing without a reasonable return on its investment.
A ZBA’s decision is “consistent with local needs” if it applies requirements that are reasonable in view of the regional need for low- and moderate-income housing and the number of low-income persons in the city or town, as well as the need to protect health and safety, promote better site and building design, and preserve open space, if those requirements are applied as equally as possible to both subsidized and unsubsidized housing. Requirements are considered “consistent with local needs” if more than 10% of the city or town’s housing units are low- or moderate-income units or if such units are on sites making up at least 1.5% of the total private land zoned for residential, commercial, or industrial use in the city or town. Requirements are also considered “consistent with
local needs” if the application would result, in any one calendar year, in beginning construction of low- or moderate-income housing on sites making up more than 0.3% of the total private land zoned for residential, commercial, or industrial use in the city or town, or on ten acres, whichever is larger.
The proposed law states that if any of its parts were declared invalid, the other parts would stay in effect.
A YES VOTE would repeal the state law allowing the issuance of a single comprehensive permit to build housing that includes low- or moderate-income units.
A NO VOTE would make no change in the state law allowing issuance of such a comprehensive permit.
QUESTION 3: LAW PROPOSED BY INITIATIVE PETITION
Do you approve of a law summarized below, on which no vote was taken by the Senate or the House of Representatives before May 4, 2010?
SUMMARY
This proposed law would reduce the state sales and use tax rates (which were 6.25% as of September 2009) to 3% as of January 1, 2011. It would make the same reduction in the rate used to determine the amount to be deposited with the state Commissioner of Revenue by non-resident building contractors as security for the payment of sales and use tax on tangible personal property used in carrying out their contracts.
The proposed law provides that if the 3% rates would not produce enough revenues to satisfy any lawful pledge of sales and use tax revenues in connection with any bond, note, or other contractual obligation, then the rates would instead be reduced to the lowest level allowed by law.
The proposed law would not affect the collection of moneys due the Commonwealth for sales, storage, use or other consumption of tangible personal property or services occurring before January 1, 2011.
The proposed law states that if any of its parts were declared invalid, the other parts would stay in effect.
A YES VOTE would reduce the state sales and use tax rates to 3%.
A NO VOTE would make no change in the state sales and use tax rates.
Question 4
Shall the city of Gardner vote to accept the provisions of section 6C of chapter 40 of the General Laws, which authorize the cities and towns to appropriate money for the removal of snow and ice from private ways therein open to public use?
It is further ordered that the following polling places be 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 – October 5, 2010
Approved – October 5, 2010
MARK P. HAWKE, Mayor
#8474
Councillors James Minns, Henry Ares, Ronald Cormier and Neil Janssens commented on the need for the Councillors to educate the public concerning the importance of passing the local ballot question in order to continue snow and ice removal from certain unaccepted ways. Councillor David Boudreau added acceptance of the ballot question would allow the City to expend public funds to plow these ways.
On a motion by Councillor Ronald Cormier, seconded by Councillor James Minns, 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 remove from the Calendar discussion of State Election Ballot Question No. 4 - Removal of Snow & Ice from Unaccepted Ways.
#8475
Mayor Hawke addressed the Council referencing recommendations from the Massachusetts Municipal Association and Massachusetts Taxpayers Foundation which cite fiscal advantages to supporting this measure. He stated the City’s health care consultant estimated the City could realize up to a $600,000 annual reduction in health care costs if adopted, adding that 15.8% of the City’s Budget is committed to health insurance.
Councillors Ronald Cormier and Alice Anderson cited the legislation is not timely as the Legislature is out of formal session until January, and the matter is statewide issue. Councillor James Robinson expressed disapproval in moving forward with the bill.
Councillors David Boudreau, Joshua Cormier, Scott Graves, and James Minns spoke in favor of the legislation and expressed support for the Mayor’s proposal.
On a motion by Councillor Ronald Cormier, seconded by Councillor James Robinson, it was voted on show of hands, five (5) yeas, Councillors Alice Anderson, Ronald Cormier, Patrick Gerry, James Robinson, Jr. and President Neil Janssens; six (6) nays, Councillors Henry Ares, David Boudreau, Joshua Cormier, Edward Gravel, Scott Graves and James Minns, to remove from the Calendar. The motion was defeated.
On a motion by Councillor Joshua Cormier, seconded by Councillor Scott Graves, it was voted on show of hands,
six (6) yeas, Councillors Henry Ares, David Boudreau, Joshua Cormier, Edward Gravel, Scott Graves and James Minns; five (5) nays, Councillors Alice Anderson, Ronald Cormier, Patrick Gerry, James Robinson, Jr. and President Neil Janssens to adopt the following:
To petition the General Court to the end 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 IMPLEMENT PLAN DESIGN AUTHORITY FOR HEALTH INSURANCE BENEFITS.
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
Notwithstanding the provisions of chapter 32B and chapter 150E of the General Laws or any other general or special law to the contrary, the City of Gardner is authorized to negotiate and purchase group insurance policies for Employees, Retirees and Dependents without being subject to collective bargaining as defined in chapter 150E of the general laws.
SECTION 2
Further, the City of Gardner is also authorized to alter current and future plan design features, and that such action not be subject to collective bargaining as defined in chapter 150E of the general laws.
SECTION 3
Further, the City of Gardner is also authorized, but not mandated to participate in, and/or join the Group Insurance Commission (“GIC”) pursuant to G.L. c32A, and such action shall not be subject to collective bargaining as defined in chapter 150E of the general laws.
SECTION 4
The provisions of this act shall not affect any obligation under any collective bargaining agreements(s), while such agreements are in effect.
SECTION 5
This action shall take effect upon its passage.
Presented to Mayor for approval – October 5, 2010
Approved – October 5, 2010
MARK P. HAWKE, Mayor
#8476
On a motion by Councillor James Robinson, 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 schedule a Public Hearing on the following:
RESOLUTION
APPROVING AN APPLICATION
FROM BLACK POINT REALTY, LLC
FOR DESIGNATION OF A DEVELOPMENT OVERLAY DISTRICT I
Whereas, Black Point Realty, LLC has applied for designation of 12 acres, more or less, at the corner of Main Street and Sherman Street as a Development Overlay District I under Section 530 in the Gardner Zoning Ordinance;
Whereas, the 12 acres, more or less, is made up of portions of three contiguous parcels identified on Assessors Maps as follows:
Map Block Lot
R21 55 1
Q20 48 6
Q21 1 1
Whereas, after consultation with relevant agencies and a public hearing held on September 21, 2010, the Gardner Planning Board has determined that the entire area exhibits impacts of economic distress and voted unanimously to recommend that the City Council designate the area a Development Overlay District 1; and
Whereas, Black Point Realty, LLC is committed to invest approximately $8 million dollars, construct a retail shopping center containing approximately 100,000 square feet that will generate approximately 300 full and part time permanent jobs when the project is completed and over 100 construction jobs.
NOW THEREFORE BE IT RESOLVED by the Gardner City Council that the 12 acres, more or less, made up of portions of the parcels listed above and further identified on a plan titled “Preliminary Development Plan Proposed Mixed-Use Development in Gardner, Massachusetts for Data Guide Cable Corp. August 31, 2010” and available in the Gardner Planning Board office are hereby designated a Development Overlay District I under Section 530 in the Gardner Zoning Ordinance. This designation is subject to the following provisions:
- The project developer, successor or assignee shall pay all costs associated with the preparation of a Traffic Impact Assessment as outlined in Section 1010 in the Zoning Ordinance by professionally qualified consultants acceptable to the Planning Board. Said Impact Assessment shall propose acceptable measures to mitigate adverse impacts and the project developer, successor or assignee shall be responsible for implementing the mitigation measures approved by the Planning Board.
- The Planning Board shall impose safeguards for securing performance to complete all off-site improvements to mitigate adverse impacts.
- The developer, successor or assignee shall consider the Design Guidelines developed by the Planning Board for the proposed MGL 40R development off Route 140, including guidelines for design of surface parking and shall submit a Definitive Site Plan, including building elevations that are consistent with the Route 140 Design Guidelines or provide the Planning Board with written requests for waivers from those guidelines.
- Motor vehicle light service; motor vehicle general repairs; salesroom for motor vehicles, trailers, boats, farm implements, or machinery with repair services and storage; and motor vehicle body repair are not permitted uses in this Development Overlay District I.
- This resolution shall be recorded in the Worcester County Registry of Deeds prior to the issuance of a building permit related to the proposed retail development.
REPORTS OF STANDING COMITTEES
PUBLIC SAFETY COMMITTEE
#8450
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 remove from the Calendar AN ORDINANCE RELATING TO TEMPORARY STORAGE UNITS.
COUNCIL AS COMMITTEE OF THE WHOLE
#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 accept of the provisions of 780 CMR Appendix 120.AA of the Massachusetts State Stretch Energy Code, with such acceptance to be effective July 1, 2011.
ANNOUNCEMENTS AND RECOGNITIONS
POLICE RESPONSE TO ANTHONY’S LIQUOR MART SHOPLIFTING INCIDENT
On a motion by Councillor David Boudreau, seconded by Councillor James Minns, it was voted by majority on voice vote, to send letters of commendation to Police Officers Jesse Gadarowski and Eugene Kolimaga for their actions during a shoplifting incident at Anthony’s Liquor Mart on September 6, 2010, as reported by the Owner, James Kraskouskas.
NEW BUSINESS
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 consider New Business.
2010-2011 CITY GOVERNMENT PORTRAIT
President Neil Janssens announced the sitting for the City Government Portrait is scheduled for Monday, October 18, 2010 at 6:30 p.m. in the Council Chambers.
SOUTH GARDNER BLOCK PARTY
Councillor Edward Gravel informed the Council the South Gardner Block Party “went off without a hitch”
225TH ANNIVERSARY PARADE & WEEKEND EVENTS
Councillors Edward Gravel, James Minns, James Robinson, Joshua Cormier and Ronald Cormier commented on the success of the 225th Anniversary parade held on Sunday, September 26th and acknowledged the contributions of those who contributed to the event.
Councillor Henry Ares recommended letters of appreciation be sent to the persons who donated use of their automobiles as well as those who chauffeured the parade participants (Angelo Salvadore, Alexander E. Turczynski and Richard N. Paradise, Sr.).
Councillor Joshua Cormier commented on other weekend activities including a 5K Run, Luge, and the [UMASS Minutemen] Band performance at Watkins Field. Councillor James Minns also mentioned the UMASS Minutemen performance.
GARDNER “BIG CHAIR”
Councillor Joshua Cormier expressed appreciation to the four Gardner citizens who participated in painting the “Big Chair” at the Helen Mae Sauter School. The volunteers were Andrea Neal, Jim Gale, Ian Henley and John Dean. The paint was donated by Jeff Aubuchon.
WASTE PICK-UP TOTERS
Councillor Joshua Cormier informed the Council the new waste pick-up “Toter system” took effect on October 1st, adding new regulations governing the pick-up are in effect, as well.
NATIONAL DEPRESSION SCREENING DAY
Councillor Alice Anderson informed the Council a National Depression Screening Day will be held on Thursday, October 7th from 2 p.m. to 6 p.m. at the Colonial Hotel.
ALFRED H. MARENGO, JR. DRIVE FOR HOMELESS VETERANS
Councillor Alice Anderson informed the Council that the Alfred H. Marengo, Jr. Drive for Homeless Veterans will be held on Saturday, October 16th from Noon to 3:00 p.m. at Sugar Hollow Farm in Phillipston. Donations of new and gently used men and women’s clothing, blankets and new personal care items are needed.
INTERNAL REVENUE SERVICE “E-MAILS”
Councillor Alice Anderson informed the Council that an e-mail is going around purportedly from the IRS seeking personal information. She stated the IRS does not contact people via e-mail.
HALLOWEEN
Councillor Ronald Cormier informed the Council that Halloween “Trick-or-Treating” will be held on Sunday, October 31st.
NATIONAL BREAST CANCER AWARENESS MONTH
Council President Neil Janssens informed the Council that October is National Breast Cancer Awareness Month.
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 8:23 o’clock p.m. after recitation of the Closing Prayer.
Accepted by the City Council:
|