Monday evening, November 1, 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?
Sam Bonacci, 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 – 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 and Special Meetings of October 18, 2010, as written.
PUBLIC HEARINGS
#8486
President Janssens opened the Public Hearing at 7:32 P.M. on:
PETITION FOR JOINT OR IDENTICAL POLE LOCATIONS
NATIONAL GRID and Verizon New England, Inc. request permission to locate poles, wires and fixtures, including the necessary sustaining and protecting fixtures to be owned and used in common by your petitioners, along and across the following public way:
Relocate 2 JO poles on Pine Street beginning at a point approximately 127 feet South of the Centerline of the intersection of Central Street and continuing approximately 90 feet in a southerly direction. Location approximately as shown on plan attached.
Wherefore it prays that after due notice and hearing as provided by law, it be granted a location for and permission to erect and maintain poles and wires, together with such sustaining and protecting fixtures as they may find necessary, said poles to be erected substantially in accordance with the plan filed herewith marked- Gardner, Massachusetts
No. 8462051-1…………………………………..Dated: 2/22/2010
Also for permission to lay and maintain underground laterals, cables and wires in the above or intersecting public ways for the purpose of making connections with such poles and buildings as each of said petitioners may desire for distributing purposes.
Your petitioner agrees to reserve space for one cross-arm at a suitable point on each of said poles for the fire, police, telephone, and telegraph signal wires belonging to the municipality and used by it exclusively for municipal purposes.
SPEAKING IN FAVOR: David Bremner, National Grid (MECO)
Robert Hubbard, Community Development & Planning Director
Attorney Jerold Paquette, Abutter
SPEAKING AGAINST: None.
President Janssens declared the Public Hearing closed at 7:34 P.M.
On a motion by Councillor Ronald 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 adopt the following Order, reflecting changes in distances and other measurements on the filed Plan:
ORDER FOR JOINT OR IDENTICAL POLE LOCATIONS
By the City Council of the City of Gardner, Massachusetts
Notice having been given and public hearing held, as provided by law,
IT IS HEREBY ORDERED:
That NATIONAL GRID and Verizon New England, Inc. (formerly known as NEW ENGLAND TELEPHONE AND TELEGRAPH COMPANY) be and they are hereby granted joint or identical locations for and permission to erect and maintain poles and wires to be placed thereon, together with such sustaining and protecting fixtures as said Companies may deem necessary, in the public way or ways hereinafter referred to, as requested in petition of said companies dated the 22nd day of February 2010.
All construction under this order shall be in accordance with the following conditions:-
Poles shall be of sound timber, and reasonably straight, and shall be set substantially at the points indicated upon the plan marked-, NationalGrid, Gardner Place Assisted Living, 206 Central Street, Gardner, Massachusetts - Riser, Lateral, and Padmount Transformer Location
No. WH5889-1 ………………………………….. Scale: 1’ = 30’, Dated: 2/22/2010
There may be attached to said poles by NATIONAL GRID AND VERIZON NEW ENGLAND, INC. such wires, cables and fixtures as needed in their business and all of said wires and cables shall be placed at a height of not less than twenty (20) feet from the ground.
The following are the public ways or part of ways along which the poles above referenced to may be erected, and the number of poles which may be erected thereon under this order:-
Relocate 2 JO poles on Pine Street beginning at a point approximately 195 feet South of the Centerline of the intersection of Central Street and continuing approximately 90 feet in a southerly direction.
Also for permission to lay and maintain underground laterals, cables and wires in the above or intersecting public ways for the purpose of making connections with such poles and buildings as each of said petitioners may desire for distributing purposes.
#8487
President Janssens opened the Public Hearing at 7:34 P.M. on:
PETITION FOR JOINT OR IDENTICAL POLE LOCATIONS
To the City Council of Gardner, Massachusetts
NATIONAL GRID and Verizon New England, Inc. request permission to locate poles, wires and fixtures, including the necessary sustaining and protecting fixtures, along and across the following public way:
Relocate 1 JO pole on Pine Street beginning at a point approximately 610 feet South of the Centerline of the intersection of Central Street and continuing approximately 65 feet in a southerly direction. Location approximately as shown on plan attached.
Wherefore it prays that after due notice and hearing as provided by law, it be granted a location for and permission to erect and maintain poles and wires, together with such sustaining and protecting fixtures as they may find necessary, said poles to be erected substantially in accordance with the plan filed herewith marked- Gardner, Massachusetts
No. 8462051-2…………………………………..Dated: 2/22/2010
Also for permission to lay and maintain underground laterals, cables and wires in the above or intersecting public ways for the purpose of making connections with such poles and buildings as each of said petitioners may desire for distributing purposes.
Your petitioner agrees to reserve space for one cross-arm at a suitable point on each of said poles for the fire, police, telephone, and telegraph signal wires belonging to the municipality and used by it exclusively for municipal purposes.
SPEAKING IN FAVOR: David Bremner, National Grid (MECO)
SPEAKING AGAINST: None.
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 Order:
ORDER FOR JOINT OR IDENTICAL POLE LOCATIONS
By the City Council of the City of Gardner, Massachusetts
Notice having been given and public hearing held, as provided by law,
IT IS HEREBY ORDERED:
That NATIONAL GRID and Verizon New England, Inc. (formerly known as NEW ENGLAND TELEPHONE AND TELEGRAPH COMPANY) be and they are hereby granted joint or identical locations for and permission to erect and maintain poles and wires to be placed thereon, together with such sustaining and protecting fixtures as said Companies may deem necessary, in the public way or ways hereinafter referred to, as requested in petition of said companies dated the 22nd day of February 2010.
All construction under this order shall be in accordance with the following conditions:-
Poles shall be of sound timber, and reasonably straight, and shall be set substantially at the points indicated upon the plan marked-, Gardner, Massachusetts.
No. 8462051-2…………………………………..Dated: 2/22/2010 - filed with this order.
There may be attached to said poles by NATIONAL GRID AND VERIZON NEW ENGLAND, INC. such wires, cables and fixtures as needed in their business and all of said wires and cables shall be placed at a height of not less than twenty (20) feet from the ground.
The following are the public ways or part of ways along which the poles above referenced to may be erected, and the number of poles which may be erected thereon under this order:-
Relocate JO pole on Pine Street beginning at a point approximately 610 feet South of the Centerline of the intersection of Central Street and continuing approximately 65 feet in a southerly direction.
Also for permission to lay and maintain underground laterals, cables and wires in the above or intersecting public ways for the purpose of making connections with such poles and buildings as each of said petitioners may desire for distributing purposes.
#8488
President Janssens opened the Public Hearing at 7:36 P.M. on:
PETITION FOR ELECTRIC CONDUIT LOCATIONS
To the City Council of Gardner, Massachusetts
Respectfully represents the NATIONAL GRID of North Andover, Massachusetts, that it desires to construct a line of underground electric conduits, including the necessary sustaining and protecting fixtures under and across the public way or ways hereinafter named.
Wherefore it prays that after due notice and hearing as provided by law, it may be granted permission to excavate the public highways and to run and maintain underground electric conduits, together with such sustaining and protecting fixtures as they may find necessary for the transmission of electricity, said underground conduits to be located substantially in accordance with the plan filed herewith marked -, Gardner, Massachusetts.
The following are the streets and highways referred to: - Plan 8462051
Install 330’ of Conduit on Pine Street beginning at a point approximately 300 feet South of the centerline of the intersection of Central Street and Pine Street and continuing approximately 265 feet in a Southerly direction.
Location approximately as shown on plan attached.
SPEAKING IN FAVOR: David Bremner, National Grid (MECO)
SPEAKING AGAINST: None.
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 adopt the following Order:
ORDER FOR ELECTRIC CONDUIT LOCATIONS
By the City Council of the City of Gardner, Massachusetts
ORDERED:
Notice having been given and a public hearing held as provided by law, that the NATIONAL GRID be and is hereby granted permission to excavate the public highways and to run and maintain underground electric conduits, together with such sustaining and protecting fixtures as said company may deem necessary, in the public way or ways hereinafter referred to, and to make the necessary house connections along said extensions, as requested in petition of said company dated the 22nd day of February 2010.
Said underground conduits to be located substantially in accordance with the plan filed herewith marked -, Gardner, Massachusetts. Plan No. 8462051
The following are the public ways or parts of ways under which the underground electric conduits above referred to may be laid:-
Install 330’ of Conduit on Pine Street beginning at a point approximately 300 feet South of the centerline of the intersection of Central Street and Pine Street and continuing approximately 265 feet in a Southerly direction.
APPOINTMENTS
#8489
On a motion by Councillor Alice Anderson, 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 City Clerk:
TITI SIRIPHAN to the position of Assistant City Clerk (no expiration).
Worcester, ss. November 1, 2010
Then personally appeared TITI SIRIPHAN and made oath that she would faithfully and impartially perform the duties of Assistant City Clerk according to law and the best of her abilities.
Before me,
/s/ Alan L. Agnelli, City Clerk
#8490
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 BUILDING DEPARTMENT, ASSISTANT BUILDING INSPECTOR SALARY & WAGES TO BUILDING DEPARTMENT, NEW VEHICLE ACCOUNT.
ORDERED: That there be and is hereby transferred the sum of Sixteen Thousand Dollars and No Cents ($16,000.00) from Building Department, Assistant Building Inspector Salary & Wages to Building Department, New Vehicle Account.
Presented to Mayor for Approval – November 4, 2010
Approved – November 4, 2010
MARK P. HAWKE, Mayor
#8491
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 APPROPRIATING A SUM OF MONEY FROM FUND BALANCE RESERVED FOR EXTRAORDINARY AND UNFORESEEN EXPENDITURES TO VARIOUS ACCOUNTS.
ORDERED: That there be and is hereby appropriated the sum of Two Thousand Eight Hundred Fourteen Dollars and Ninety Six Cents ($2,814.96) from Fund Balance Reserved for Extraordinary and Unforeseen Expenditures to the following accounts:
Reserve for Abatements for Exemptions – FY2005 $1,684.80
Reserve for Abatements for Exemptions – FY2006 1,130.16
Total: $2,814.96
Presented to Mayor for Approval – November 4, 2010
Approved – November 4, 2010
MARK P. HAWKE, Mayor
#8492
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 APPROPRIATING A SUM OF MONEY FROM CABLE COMMISSION, FEES RESERVED TO CABLE COMMISSION, NEW EQUIPMENT.
ORDERED: That there be and is hereby appropriated the sum of Five Thousand Dollars and No Cents ($5,000.00) from Cable Commission, Fees Reserved to Cable Commission, New Equipment.
Presented to Mayor for Approval – November 4, 2010
Approved – November 4, 2010
MARK P. HAWKE, Mayor
REPORTS OF STANDING COMITTEES
COUNCIL AS COMMITTEE OF THE WHOLE
#8483
There was no objection to granting more time to report on a request from Mount Wachusett Community College relative to Interest in Vacant Municipal Land off Green Street (Referred 10/18/2010).
#8476
President Neil Janssens announced a Public Hearing is scheduled for November 15, 2010 at 6:45 p.m. on Authorizing Designation of Corner of Main & Sherman Streets a Development Overlay District I.
NEW BUSINESS
On a motion by Councillor Joshua 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 consider New Business.
HALLOWEEN EVENTS
Councillor Patrick Gerry informed the Council that he participated in the Downtown Halloween festival and expressed thanks to its organizers. Councillor Joshua Cormier commented on the success of the Horribles Parade, attended by 300 to 400 children.
DAYLIGHT SAVINGS TIME ENDED
Councillor Edward Gravel reminded the Councillors to turn back their clocks by one hour on Sunday morning.
NOVEMBER 2, 2010 STATE ELECTION
Councillor Edward Gravel extended “good luck” to candidates appearing on the November 2nd State Election ballot. Councillor Henry Ares added there are a lot of important questions on the ballot, encouraging voters to go to the polls. Councillor James Robinson and President Neil Janssens echoed their sentiments. Councillor Ronald Cormier added it is “not only a privilege, but a duty to vote”.
STATE ELECTION BALLOT QUESTION NO. 4 - SNOW REMOVAL ON PRIVATE WAYS
Councillor David Boudreau stated the City Council Public Service Committee would meet on Wednesday, November 3rd to discuss the effect of removal of ice and snow on unaccepted ways should Question 4 not pass on Tuesday. Councillor Joshua Cormier urged a “yes” vote on Ballot Question 4.
BROKEN UTILITY POLES
Councillor David Boudreau stated there are a lot of broken utility poles in the City and asked National Grid and Verizon to attend an upcoming meeting of the City Council Public Service Committee. He stated it is a public safety issue and “we need to put ownership to these broken poles”. Councillor James Minns, Service Committee Chairman, concurred with Councillor Boudreau’s comments.
CHANGE BATTERIES IN SMOKE DETECTORS
Councillor Henry Ares encouraged citizens to routinely change the batteries in their smoke detectors.
“Animal Adoption Day” at the Gardner Animal Shelter
Councillor Henry Ares announced “Animal Adoption Day” will be held on Saturday, November 6th from 10 a.m. to 3:00 p.m. at the Gardner Animal Shelter. A Bake Sale will be held, as well.
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 7:52 o’clock p.m. after recitation of the Closing Prayer.
Accepted by the City Council:
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