Monday evening, December 6, 2010. Regular Meeting of the City Council held in the Council Chambers, City Hall.~ Meeting called to order by President Neil W. 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 – Eight (8) members present, President Neil W. Janssens and Councillors Alice Anderson, Henry Ares, David Boudreau, Joshua Cormier, Ronald Cormier, Patrick Gerry, and Edward Gravel; three (3) absent, Councillors Scott Graves, James Minns and James Robinson, Jr.
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, eight (8) yeas, President Neil W. Janssens and Councillors Alice Anderson, Henry Ares, David Boudreau, Joshua Cormier, Ronald Cormier, Patrick Gerry, and Edward Gravel; three (3) absent, Councillors Scott Graves, James Minns and James Robinson, Jr. to accept the Minutes of the Regular Meeting, Special Meeting and Public Hearing of November 15, 2010, as written.
APPOINTMENTS
#8499
On a motion by Councillor Boudreau, seconded by Councillor Ares, it was voted on voice vote, eight (8) yeas, President Neil W. Janssens and Councillors Alice Anderson, Henry Ares, David Boudreau, Joshua Cormier, Ronald Cormier, Patrick Gerry, and Edward Gravel; three (3) absent, Councillors Scott Graves, James Minns and James Robinson, Jr. to confirm the following appointment received from the Mayor:
VINCENT DIGERONIMO to the Alternate Plumbing Inspector for term expiring September 28, 2013.
#8500
On a motion by Councillor Ronald Cormier, seconded by Councillor Alice Anderson, on recommendation of the Finance Committee, it was voted on roll call, eight (8) yeas, President Neil W. Janssens and Councillors Alice Anderson, Henry Ares, David Boudreau, Joshua Cormier, Ronald Cormier, Patrick Gerry, and Edward Gravel; three (3) absent, Councillors Scott Graves, James Minns and James Robinson, Jr. to pass the following order:
AN ORDER RAISING AND APPROPRIATING A SUM OF MONEY FOR THE VETERANS DEPARTMENT, CASH BENEFITS FOR THE FISCAL YEAR BEGINNING JULY 1, 2010 TO JUNE 30, 2011
ORDERED: To raise and appropriate for the expense of the City of Gardner for the Fiscal Year beginning July 1, 2010 to June 30, 2011 the sum of ONE HUNDRED THOUSAND DOLLARS ($100,000.00) for the Veterans Department, Cash Benefits.
Presented to Mayor for Approval – December 7, 2010
Approved – December 7, 2010
MARK P. HAWKE, Mayor
#8496
On a motion by Councillor David Boudreau, seconded by Councillor Edward Gravel, it was voted on voice vote, eight (8) yeas, President Neil W. Janssens and Councillors Alice Anderson, Henry Ares, David Boudreau, Joshua Cormier, Ronald Cormier, Patrick Gerry, and Edward Gravel; three (3) absent, Councillors Scott Graves, James Minns and James Robinson, Jr. to adopt the following Order:
LAYOUT OF LAITINEN DRIVE
From Halford Street 665 feet Westerly
CITY OF GARDNER
In City Council
Whereas, in the opinion of the City Council of the City of Gardner, common convenience and necessity require that LAITINEN DRIVE should be laid out as a public street or way of the said City, from Halford Street westerly for a distance of 664.78 feet, more or less, all as more particularly described, and for that purpose it is necessary to take the parcel of land hereinafter described, it is therefore
Ordered that LAITINEN DRIVE be and it is hereby laid out and established as a public street or way of the said City of Gardner according to the plan entitled “Layout Plan and Profile, Laitinen Drive, Gardner, MA, November 12, 2010, Szoc Surveyors, 32 Pleasant St., Gardner MA”, which plan is made a part hereof, and it is further
Ordered that the following described parcel of land with the trees thereon and structures affixed thereto, be and the same is hereby taken in fee for said public street or way:
Beginning at a railroad spike at a corner of land of Bernard & Bernadette M. Nowlan at the southwesterly intersection of the westerly line of Halford Street and the southerly line of Laitinen Drive;
Thence, N 6943’19” W a distance of 95.00 feet to a bound;
Thence, westerly by a curve to the left having a radius of 125.00 feet and a central angle of 30 a distance of 65.45 feet to a bound;
Thence, S 8016’41” W a distance of 120.00 feet by to a bound;
Thence, northwesterly by a curve to the right having a radius of 175.00 feet and a central angle of 70 a distance of 213.80 feet to a railroad spike;
Thence, N 2943’19” W a distance of 120.00 feet to an iron pin in concrete;
Thence, northerly, northeasterly, easterly, southeasterly and southerly by a curve to the right having a radius of 60.00 feet and a central angle of 25709’38” a distance of 269.30 feet to a bound at a point of reverse curvature;
Thence, by a curve to the left having a radius of 30.00 feet and a central angle of 7709’38” a distance of 40.40 feet to a bound;
Thence, S 2943’19” E a distance of 32.25 feet to a bound;
Thence, easterly by a curve to the left having a radius of 125.00 feet and a central angle of 70 a distance of 152.72 feet to a bound;
Thence, N 8016’41” E a distance of 120.00 feet to a bound;
Thence, easterly by a curve to the right having a radius of 175.00 feet and a central angle of 30 a distance of 91.63 feet to a bound;
Thence, S 6943’19” E a distance of 95.00 feet to a bound;
Thence, S 2016’41” W a distance of 50.00 feet to a railroad spike at the point of beginning;
The owner, and area of the above described taking, is as follows:
Northeast Wood Design – 39,068 ± square feet
The City Council having considered the question of damages sustained by persons or corporations in their property are of the opinion that no damages have been sustained and therefore award no damages.
Presented to Mayor for Approval – December 7, 2010
Approved – December 7, 2010
MARK P. HAWKE, Mayor
#8501a
On a motion by Councillor David Boudreau, seconded by Councillor Edward Gravel, it was voted on voice vote, eight (8) yeas, President Neil W. Janssens and Councillors Alice Anderson, Henry Ares, David Boudreau, Joshua Cormier, Ronald Cormier, Patrick Gerry, and Edward Gravel; three (3) absent, Councillors Scott Graves, James Minns and James Robinson, Jr. to adopt the following Order:
LAYOUT OF BROOKSIDE DRIVE
From Century Way to Station 6+27
CITY OF GARDNER
In City Council
Whereas, in the opinion of the City Council of the City of Gardner, common convenience and necessity require that BROOKSIDE DRIVE should be laid out as a public street or way of the said City, from Century Way northerly for a distance of 627.83 feet, more or less, and a uniform width of 50 feet throughout, all as more particularly described, and for that purpose it is necessary to take the parcel of land hereinafter described, it is therefore
Ordered that BROOKSIDE DRIVE be and it is hereby laid out and established as a public street or way of the said City of Gardner according to the plan entitled “Layout Plan and Profile, Brookside Drive, Gardner, MA, December 28, 2001, Szoc Surveyors, 32 Pleasant St., Gardner MA”, which plan is made a part hereof, and it is further
Ordered that the following described parcel of land with the trees thereon and structures affixed thereto, be and the same is hereby taken in fee for said public street or way:
Beginning at the southeasterly corner thereof at a concrete bound in the northerly line of Century Way;
Thence, N 6043’00” W a distance of 100.32 feet by the northerly line of Century Way to a concrete bound;
Thence, northerly by a curve to the left having a radius of 25.00 feet and a central angle of 9535’00” a distance of 41.27 feet to a concrete bound;
Thence, N 2442’00” E a distance of 167.38 feet to a concrete bound;
Thence, northerly by a curve to the left having a radius of 250.00 feet and a central angle of 1146’00” a distance of 51.34 feet to a concrete bound;
Thence, N 1256’00” E a distance of 274.77 feet to a concrete bound;
Thence, northerly by a curve to the left having a radius of 250.00 feet and a central angle of 1147’39” a distance of 51.46 feet to a concrete bound;
Thence, N 0108’21” E a distance of 60.15 feet to a point;
Thence, S 5512’47” E a distance of 60.06 feet to a point;
Thence, S 0108’21” W a distance of 26.87 feet to a concrete bound;
Thence, by a curve to the right having a radius of 300.00 feet and a central angle of 1147’39” a distance of 61.75 feet to a concrete bound;
Thence, S 1256’00” W a distance of 274.77 feet to a concrete bound;
Thence, southerly by a curve to the right having a radius of 300.00 feet and a central angle of 1146’00” a distance of 61.61 feet to a concrete bound;
Thence, S 2442’00” W a distance of 175.40 feet to a concrete bound;
Thence, easterly by a curve to the left having a radius of 25.00 feet and a central angle of 8525’00” a distance of 37.27 feet to a concrete bound at the point of beginning;
The owners, and area of the above described taking, is: Dymek Custom Builders, Inc – 31,664 ± square feet
The City Council having considered the question of damages sustained by persons or corporations in their property are of the opinion that no damages have been sustained and therefore award no damages.
Presented to Mayor for Approval – December 7, 2010
Approved – December 7, 2010
MARK P. HAWKE, Mayor
#8501b
On a motion by Councillor David Boudreau, seconded by Councillor Edward Gravel, it was voted on voice vote, eight (8) yeas, President Neil W. Janssens and Councillors Alice Anderson, Henry Ares, David Boudreau, Joshua Cormier, Ronald Cormier, Patrick Gerry, and Edward Gravel; three (3) absent, Councillors Scott Graves, James Minns and James Robinson, Jr. to adopt the following Order:
LAYOUT OF BROOKSIDE DRIVE
From Station 6+27 to 24+64
CITY OF GARDNER
In City Council
Whereas, in the opinion of the City Council of the City of Gardner, common convenience and necessity require that BROOKSIDE DRIVE should be laid out as a public street or way of the said City, from station 6+27.91 northerly to station 24+63.67 a distance of 1835.76 feet, more or less, and a uniform width of 50 feet throughout, all as more particularly described, and for that purpose it is necessary to take the parcel of land hereinafter described, it is therefore
Ordered that BROOKSIDE DRIVE be and it is hereby laid out and established as a public street or way of the said City of Gardner according to the plan entitled “Street As-built & Acceptance Plan, Brookside Drive, Gardner, MA, November 16, 2010, Coler & Colantonio, Engineers and Scientists, 101 Accord Park Drive, Norwell MA”, Sheet 1of 2 and Sheet 2 of 2 which plans are made a part hereof, and it is further
Ordered that the following described parcel of land with the trees thereon and structures affixed thereto, be and the same is hereby taken in fee for said public street or way:
Beginning at a point, said point being 25.00 feet left of station 6+44.46 on the northeasterly sideline of Brookside Drive to a point;
Thence running N 01°08'21" E, a distance of 319.03 feet to a point;
Thence turning and running by a curve to the right having a radius of 325.00 feet, a length of 79.81 feet to a point;
Thence turning and running N 15°12'35" E, a distance of 617.07 feet to a point;
Thence running by a curve to the right having a radius of 425.00 feet, a length of 76.55 feet to a point;
Thence turning and running N 25°31'46" E a distance of 229.58 feet to a point;
Thence running by a curve to the left having a radius of 275.00 feet, a length of 170.70 feet to a point;
Thence turning and running N 10°02'12" W a distance of 321.60 feet to a point 25.00 feet left of station 24+63.67;
Thence turning and running N 79°57'48" E a distance of 50.00 feet to a point 25.00 feet right of station 24+63.67;
Thence turning and running S 10°02'12" E a distance of 321.60 feet to a point;
Thence turning and running by a curve to the right having a radius of 325.00 feet, a length of 62.48 feet to a point;
Thence turning and running by a reverse curve to the left having a radius of 25.00 feet, a length of 33.06 feet to a point;
Thence turning and running S 00°12'29" W a distance of 41.41 feet to a point;
Thence turning and running by a curve to the left having a radius of 25.00 feet, a length of 38.99 feet to a point;
Thence turning and running by a reverse curve to the right having a radius of 325.00 feet, a length of 54.86 feet to a point;
Thence turning and running S 25°31'46" W a distance of 229.58 feet to a point;
Thence turning and running by a curve to the left having a radius of 375.00 feet, a length of 67.54 feet to a point;
Thence turning and running S 15°12'35" W a distance of 617.07 feet to a point;
Thence turning and running by a curve to the left having a radius of 275.00 feet, a length of 67.53 feet to a point;
Thence turning and running S 01°08'21" W a distance of 352.31 feet to a point 25.00 feet right of station 6+11.17;
Thence turning and running N 55°12'47" W a distance of 60.06 feet to the point of beginning;
The owner, and area of the above described taking, is: Saint Paul’s Trust, – 92,906 ± square feet
The City Council having considered the question of damages sustained by persons or corporations in their property are of the opinion that no damages have been sustained and therefore award no damages.
Presented to Mayor for Approval – December 7, 2010
Approved – December 7, 2010
MARK P. HAWKE, Mayor
#8502, #8503, #8504
On a motion by Councillor Joshua Cormier, seconded by Councillor Edward Gravel, it was voted on voice vote, eight (8) yeas, President Neil W. Janssens and Councillors Alice Anderson, Henry Ares, David Boudreau, Joshua Cormier, Ronald Cormier, Patrick Gerry, and Edward Gravel; three (3) absent, Councillors Scott Graves, James Minns and James Robinson, Jr. to Refer to the Public Safety Committee for Study and Report the following 2011 Class I, II, and III Motor Vehicle Dealer License applications:
8502 – Renewal of Class I Motor Vehicle Dealers Licenses
- Salvadore Auto Exchange, Inc., d/b/a Salvadore Chevrolet, 442 West Broadway.
- Salvadore Auto Exchange, Inc., d/b/a Salvadore Chrysler-Dodge, 442 West Broadway.
8503 – Renewal of Class II Used Motor Vehicle Dealers Licenses
- AC Auto Clinic, 411 Parker Street
- Brian Michaud, d/b/a Brian’s Auto Sales, 549 W. Broadway.
- Charles Kuizinas, d/b/a Center Auto Sales, 381 East Broadway.
- Mark S. Babincsak, d/b/a Chair City Auto Sales, 144 Pearson Blvd.
- Cormier Auto Sales, Inc., d/b/a Gardner Auto Sales, 199 Pearson Blvd.
- J. Wood, Inc., 361 West Street.
- Ken Stewart Transmission Co. Inc., d/b/a Ken Stewart Used Cars, 549 West Broadway.
- Michael Toth, d/b/a Mike’s Auto, 251 East Broadway.
- Michael J. Rahaim, d/b/a Rahaim’s Auto Sales, R27 Hill Street.
- Eric J. Hill, d/b/a Ric’s Radiator Repair/Used Car Sales, 800 West Broadway.
- Joseph Champney, d/b/a Riverside Auto, 65 Riverside Road.
- Salvadore Auto Exchange, Inc., d/b/a Salvadore Chevrolet, 249 Timpany Blvd.
- T.J. & Sons Auto Repair & Towing, Inc., 537 West Broadway.
8504 – Renewal of Class III Used Motor Vehicle Dealers Licenses
- Ken Stewart Transmission Co. Inc., d/b/a Ken Stewart Used Cars, 549 West Broadway.
- Kinzer Salvage, 191 Kinzer Drive.
- Lajoie’s Used Auto Parts, Inc., R27 Hill Street.
- Joseph Champney, d/b/a Riverside Auto, 65 Riverside Road.
#8505
On a motion by Councillor Ronald Cormier, seconded by Councillor Joshua Cormier, it was voted on voice vote, eight (8) yeas, President Neil W. Janssens and Councillors Alice Anderson, Henry Ares, David Boudreau, Joshua Cormier, Ronald Cormier, Patrick Gerry, and Edward Gravel; three (3) absent, Councillors Scott Graves, James Minns and James Robinson, Jr. to adopt the following Resolution:
RESOLUTION RELATIVE TO THE
FY 2011 COMMUNITY DEVELOPMENT BLOCK GRANT
Mini-Entitlement Plan
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GARDNER AS FOLLOWS:
WHEREAS, the City council has reviewed the proposals prepared by the Department of Community Development and Planning for inclusion within the FY2011 Community Development Block Grant (CDBG) Mini-Entitlement Plan; and
WHEREAS, the CDBG proposals seek funding for support of public social services, housing rehabilitation projects, demolition of unsafe buildings, energy conservation projects, street and sidewalk design, playground design, affordable housing development, and associated administrative costs; and
WHEREAS, the activities proposed within the FY 2011 CDBG Mini-Entitlement Plan meet the priorities identified within the City’s 2011 Community Development Strategy, and the 2004 Community Development Plan; and
WHEREAS, the City does not possess the bonding capacity or have the availability of funds to appropriate from its general budget to undertake such projects and reliance upon grant funds is required, and
WHEREAS, the City Council supports each of the activities as being consistent with the City’s goal of promoting quality programs for its citizens;
NOW THEREFORE, the City Council hereby extends its support of each proposed activity and endorses the City’s FY2011 CDBG Mini-Entitlement Plan to be submitted to the Commonwealth of Massachusetts, Department of Housing and Community Development.
Presented to Mayor for Approval – December 7, 2010
Approved – December 7, 2010
MARK P. HAWKE, Mayor
#8506
On a motion by Councillor Ronald Cormier, seconded by Councillor Gerry, it was voted on voice vote, eight (8) yeas, President Neil W. Janssens and Councillors Alice Anderson, Henry Ares, David Boudreau, Joshua Cormier, Ronald Cormier, Patrick Gerry, and Edward Gravel; three (3) absent, Councillors Scott Graves, James Minns and James Robinson, Jr. to adopt Factor 1 for each class of Real Estate and Personal Property Tax Rate for Fiscal Year 2011.
Presented to Mayor for Approval – December 7, 2010
Approved – December 7, 2010
MARK P. HAWKE, Mayor
REPORTS OF STANDING COMITTEES
COUNCIL AS COMMITTEE OF THE WHOLE
#8483
On a motion by Councillor Edward Gravel, seconded by Councillor Henry Ares, it was voted on voice vote, eight (8) yeas, President Neil W. Janssens and Councillors Alice Anderson, Henry Ares, David Boudreau, Joshua Cormier, Ronald Cormier, Patrick Gerry, and Edward Gravel; three (3) absent, Councillors Scott Graves, James Minns and James Robinson, Jr. to remove from the Calendar a request from Mount Wachusett Community College relative to Interest in Vacant Municipal Land off Green Street.
NEW BUSINESS
On a motion by Councillor Joshua Cormier, seconded by Councillor Alice Anderson, it was voted on voice vote,
eight (8) yeas, President Neil W. Janssens and Councillors Alice Anderson, Henry Ares, David Boudreau, Joshua Cormier, Ronald Cormier, Patrick Gerry, and Edward Gravel; three (3) absent, Councillors Scott Graves, James Minns and James Robinson, Jr. to consider NEW BUSINESS.
YOUTH COMMISSION WEBSITE
Councillor Edward Gravel informed by Council that the Youth Commission now has a page on the City’s website.
AIR NATIONAL GUARD OF THE NORTHEAST CONCERT AT GARDNER HIGH SCHOOL
Councillor Edward Gravel expressed appreciation for the Air National Guard of the Northeast Concert held on Saturday at Gardner High School.
BROKEN UTILITY POLES
Councillor David Boudreau informed the Council that the Public Service Committee met last week and is still working with National Grid, Comcast and Verizon on broken utility poles throughout the City. The Committee hopes to complete a comprehensive list in a few months and pursue resolution.
RECYCLING AND WASTE TOTERS
Councillor Joshua Cormier informed the Council that the Public Safety Committee met last Wednesday and received updates from various departments, and while no real tonnage numbers are available, recycling [collection] is up and waste [collection] is down.
HELPING THE NEEDY
Councillor Joshua Cormier informed the Council that he volunteered at the CAC and delivered meals on Thanksgiving morning to area families, as well as assisted Sacred Heart Church and Holy Rosary Church drives to collect and deliver blankets and other necessities to area veterans.
GFA FEDERAL CREDIT UNION GRAND RE-OPENING
Councillor Joshua Cormier informed the Council that he and Mayor Mark Hawke attended the recent re-opening of the newly renovated main lobby at the GFA Federal Credit Union on Parker Street.
BOY SCOUT FOOD DRIVE
Councillor Alice Anderson informed the Council the Boy Scouts will be collecting food throughout the City on Saturday, December 11th.
CITY COUNCIL CHRISTMAS PARTY
President Janssens announced the Council’s Christmas Party will be held immediately following the December 20th Council Meeting.
TRI-CITY COUNCIL MEETING
President Janssens announced the Fitchburg City Council is hosting the next Tri-City Council Meeting in January, 2011. The City Clerk will e-mail the Councillors with potential dates.
ADJOURNMENT
On a motion by Councillor Joshua Cormier, seconded by Councillor Alice Anderson, it was voted on voice vote,
eight (8) yeas, President Neil W. Janssens and Councillors Alice Anderson, Henry Ares, David Boudreau, Joshua Cormier, Ronald Cormier, Patrick Gerry, and Edward Gravel; three (3) absent, Councillors Scott Graves, James Minns and James Robinson, Jr. to adjourn at 7:47 o’clock p.m. after recitation of the Closing Prayer.
Accepted by the City Council:
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