Gardner Massachusetts - City Council Minutes 10/18/2010

Monday evening, October 18, 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?

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.

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 October 4, 2010, as written.

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 confirm the following appointment received from the Mayor:

Then personally appeared DIANE LANNEY and made oath that having been chosen to assess taxes and estimate the value of property for the purpose of taxation for the City of Gardner for the years ensuing, did swear that she would truly and impartially, according to her best skill and judgment, assess and apportion all such taxes as she may during that time assess; that she will neither overvalue nor undervalue any property subject to taxation, and that she would faithfully perform all the duties of said office.

On a motion by Councillor Ronald Cormier, seconded by Councillor Alice Anderson, 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 CITY CLERK, TERMINATION LEAVE.

ORDERED: That there be and is hereby transferred the sum of Four Thousand Five Hundred Fifty Dollars and No Cents ($4,550) from Mayor’s Unclassified, Termination Leave Reserve to City Clerk, Termination Leave.

On a motion by Councillor Ronald Cormier, seconded by Councillor Patrick Gerry, 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:

VOTED: To approve the Brownfield Covenant Not to Sue Agreement presented to the City of Gardner by the Commonwealth of Massachusetts and to authorize the Mayor to execute said Agreement.

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 adopt the following:

VOTED: To approve the purchase of the land located and otherwise known as 155 Mill Street from S. Bernard Garbose for One U.S. Dollar ($1.00) and to authorize the Mayor to execute all documents necessary to carry out this vote including the Conveyance Agreement as presented, and the Release of Claims as set forth in Exhibit C of said Agreement.

On a motion by Councillor James Minns, 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:

VOTED: WHEREAS, in the opinion of the City Council of the City of Gardner that the intent and purpose of the Community Development Housing Rehabilitation Program is to maintain safe, affordable housing units for low to moderate income families by financially assisting owners of such properties, it is therefore resolved that:

The Mayor is duly authorized to execute the Subordination for case #00-125 in amount of $57,640.00 subject to review and approval as to form by the City Solicitor. The term of the loan is 15 years expiring on March 12, 2018.

On a motion by Councillor Ronald 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 adopt the following:

VOTED: To declare surplus for the purpose of disposal, in accordance with prevailing General Laws, a parcel of land and any building(s) located at 25 Wickman Drive, further identified on the City of Gardner Assessor’s Map as Map L25, Lot 17, Plot 15.

On a motion by Councillor Ronald 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 refer to the Council as Committee of the Whole a communication from Dr. Daniel M. Asquino, President of Mount Wachusett Community College, relative to interest by the College’s Foundation in acquiring a parcel of vacant land on Green Street.

On a motion by Councillor Alice Anderson, 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 place on file a Notice of Disclosure under G.L. Chapter 268A, §17, submitted by Mayor Mark P. Hawke concerning his position as a Trustee of Mount Wachusett Community College as pertains to the College’s interest in pursuing purchase of a parcel of City-owned land on Green Street.

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 grant Shooters Billiards LLC, 29 Pleasant Street, Gardner to Operate nine (9) billiard tables, said license effective for the period May 1, 2010 to April 30, 2011.

On a motion by Councillor James Robinson, 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 remove from the Calendar an Executive Order Relative to Insurance Program.

President Neil Janssens announced a Public Hearing would be scheduled for November 1^st on Authorizing Designation of Corner of Main & Sherman Streets a Development Overlay District I. (Note: Due to legal notice requirements, the hearing will be held on Monday, November 15, 2010 at 7:30 p.m.)

Councillor Patrick Gerry informed the Council that they must get the “word out” concerning Question 4. He added the Mayor has set up a “Facebook” page on this issue. Councillor Edward Gravel commented there are safety and health concerns should the question not pass. Councillors James Minns and Henry Ares added the Service Committee has discussed this at length and plan to further review it at the next Committee meeting.

President Neil Janssens recommended scheduling a Public Informational Forum during the week of October 25^th. He suggested the Public Works Director, City Solicitor and other officials be present to make a presentation and answer questions from the public.

Councillor James Robinson informed the Council that the Assessors are in the third year of the Triennial certification of property values, as well as conducting home visits for the decennial revaluations. He added homeowners are not required to provide access to their homes for inspection purposes; however, the Assessors will deny an Abatement application hearing until allowed a visual inspection.

Councillor Scott Graves extended congratulations to Building Commissioner Dick Reynolds for his persistence in assuring that the property at 25 Wickman Drive was obtained by the City for cleanup and disposal purposes. Councillor Joshua Cormier commented on former Councillor Roger Jaillet’s ongoing efforts, as well.

Councillor Joshua Cormier commented on the drastic cuts to state and local services if Ballot Question 3 passes on November 2^nd.

Councillor Joshua Cormier warned citizens to drive carefully and be on the lookout for “Trick-or-Treaters” on Sunday, October 31^st.

President Neil Janssens announced a “Demolition Ceremony to celebrate the destruction of 214 Pleasant Street” will be held on Monday, October 25, 2010 at 8:30 a.m.

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 7:51 o’clock p.m. after recitation of the Closing Prayer.