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Monday evening, January 3, 2011. Regular Meeting of the City Council held in the Council Chambers, City Hall.~ Meeting called to order by City Clerk Alan L. Agnelli at 7:30 o’clock p.m.
Roll call taken – Ten (10) members present, Councillors Alice Anderson, Henry Ares, David Boudreau, Joshua Cormier, Ronald Cormier, Patrick Gerry, Edward Gravel, Scott Graves, Neil Janssens and James Robinson, Jr.; one (1) absent, Councillor James Minns.
The City Clerk 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. The City Clerk informed the Council, where no objections were raised as to the manner and/or location of recording.
The City Clerk announced nominations were in order for election of Council President for the year 2011, in accordance with Section 5 of the Charter of the City of Gardner.
Councillor Ronald F. Cormier nominated Councillor Neil W. Janssens.
On a motion by Councillor James Robinson, 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, Scott Graves, Neil Janssens and James Robinson, Jr.; one (1) absent, Councillor James Minns, to close nominations.
On roll call:
Councillor Alice Anderson voting for Neil W. Janssens
Councillor Henry P. Ares voting for Neil W. Janssens
Councillor David T. Boudreau voting for NEIL W. JANSSENS
Councillor Joshua L. Cormier voting for NEIL W. JANSSENS
Councillor Ronald F. Cormier voting for Neil W. Janssens
Councillor Patrick M. Gerry voting for Neil W. Janssens
Councillor Edward A. Gravel voting for Neil W. Janssens
Councillor Scott J. Graves, Esq. voting for NEIL W. JANSSENS
Councillor Neil W. Janssens voting for Neil W. Janssens
Councillor James J. Robinson, Jr. voting for Neil W. Janssens
Councillor Neil W. Janssens, having received ten (10) votes was declared elected Council President. Councillors applauded and extended personal congratulations.
President Janssens assumed the Chair.
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, President Neil Janssens and Councillors Alice Anderson, Henry Ares, David Boudreau, Joshua Cormier, Ronald Cormier, Patrick Gerry, Edward Gravel, Scott Graves and James Robinson, Jr.; one (1) absent, Councillor James Minns, to accept the Minutes of the Regular Meeting of December 20, 2010, as written.
APPOINTMENT
#8518
On a motion by Councillor David Boudreau, seconded by Councillor Patrick Gerry, it was voted on voice vote, ten (10) yeas, President Neil Janssens and Councillors Alice Anderson, Henry Ares, David Boudreau, Joshua Cormier, Ronald Cormier, Patrick Gerry, Edward Gravel, Scott Graves and James Robinson, Jr.; one (1) absent, Councillor James Minns, to confirm the following appointment received from the Mayor:
SUSAN AVALLONE to Member, Board of Health for term expiring January 1, 2014.
Worcester, ss. January 3, 2011
Then personally appeared SUSAN AVALLONE and made oath that she would faithfully and impartially perform the duties of Member, Board of Health according to law and the best of her abilities.
Before me,
/s/ Alan L. Agnelli, City Clerk
ORDERS
#8519
On a motion by Councillor Ronald Cormier, seconded by Councillor Alice Anderson, on recommendation of the Finance Committee, it was voted on roll call, ten (10) yeas, President Neil Janssens and Councillors Alice Anderson, Henry Ares, David Boudreau, Joshua Cormier, Ronald Cormier, Patrick Gerry, Edward Gravel, Scott Graves and James Robinson, Jr.; one (1) absent, Councillor James Minns, to pass the following order:
ORDERED: That the City of Gardner appropriates the sum of Three Million Dollars ($3,000,000) to pay costs of roof repairs to (i) Gardner High School, located at 200 Catherine Street, (ii) Elm Street School, located at 160 Elm Street, and (iii) Waterford Street School, located at 62 Waterford Street, including the payment of all costs associated therewith (collective, the “Projects”), which Projects would materially extend the useful life of the school buildings described above and preserve assets that otherwise are capable of supporting the required educational program, said sum to be expended under the direction of the School Building Committee; to meet said appropriation the Treasurer, with the approval of the Mayor, is
authorized to borrow said sum under M.G.L. Chapter 44, or any other enabling authority; that the City acknowledges that the Massachusetts School Building Authority’s (“MSBA”) grant program is a non-entitlement, discretionary program based on need, as determined by the MSBA, and any project costs the City incurs in excess of any grant approved by and received from the MSBA shall be the sole responsibility of the City; provided further that any grant that the City may receive from the MSBA for the Projects shall not exceed the lesser of (1) [Seventy-three and 28/100 ths percent (73.28%)] of eligible, approved project costs, as determined by the MSBA, or (2) the total maximum grant amount determined by the MSBA, and that the amount of borrowing authorized pursuant to this vote shall be reduced by any amounts set forth in any Project Funding Agreement between the City and the MSBA with respect to the Projects.
Presented to Mayor for Approval – January 5, 2011
Approved – January 5, 2011
MARK P. HAWKE, Mayor
ORDINANCES
#8520
On a motion by Councillor Joshua Cormier, seconded by Councillor James Robinson, it was voted on voice vote, ten (10) yeas, President Neil Janssens and Councillors Alice Anderson, Henry Ares, David Boudreau, Joshua Cormier, Ronald Cormier, Patrick Gerry, Edward Gravel, Scott Graves and James Robinson, Jr.; one (1) absent, Councillor James Minns, to refer the following to the Public Safety Committee for Study and Report:
AN ORDINANCE AMENDING AN ORDINANCE ESTABLISHING FEES FOR BUILDING PERMITS AND INSPECTION OF ELEVATORS
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GARDNER AS FOLLOWS:
That “An Ordinance Establishing Fees for Building Permits and Inspections of Elevators” (Compilation of Ordinance No. 54) and amended several times thereafter, be amended by deleting Table 106 and applicable notes in their entirety and inserting Table 110 and applicable notes in place thereof as follows:
Use Group |
Use Group |
Use Group Description |
Minimum Inspections |
Maximum Certification Period |
Fee per Certification Period |
~ |
Movie theaters or theaters with |
Over 400 capacity |
Semi-Annual |
One Year |
$ 125.00 |
A-1 |
stage and scenery |
400 or less capacity |
Semi-Annual |
One Year |
$ 80.00 |
~ |
Restaurants, night clubs, bars, |
Over 400 capacity |
Semi-Annual1 |
One Year |
$ 125.00 |
A-2 |
banquet halls, or similar uses |
400 or less capacity |
Annual1 |
One Year |
$ 80.00 |
~ |
Lecture halls, churches, places of |
~ |
~ |
~ |
~ |
~ |
religious worship, recreation |
Over 400 capacity |
Semi-Annual |
One Year |
$ 125.00 |
A-3 |
centers, terminals, etc. |
400 or less capacity |
Annual |
One Year |
$ 80.00 |
A-4 |
Low density recreation and similar uses |
~ |
Prior to issuance of each new certificate |
Five Years |
$ 80.00 |
A |
Special amusement buildings or portions thereof |
~ |
Prior to issuance of each new certificate |
One Year |
$ 80.00 |
E |
Educational and certain daycare facilities |
~ |
Prior to issuance of each new certificate |
One Year |
$ 80.00 |
I-1 |
Group home, assisted living, etc. (greater than 16 residents) |
~ |
Prior to issuance of each new certificate |
One Year |
$80 plus $2/bedroom |
~ |
Residents incapable of self-preservation- hospitals, nursing |
~ |
Prior to issuance of |
~ |
~ |
I-2 |
homes, mental hospitals, certain day care facilities |
~ |
each new certificate |
Two Years3 |
Note a |
I-3 |
Residents restrained- prisons, jails, detention centers, etc. |
~ |
Prior to issuance of each new certificate |
Two Years |
note a |
I-4 |
Adult and/or child day care facilities |
~ |
Prior to issuance of each new certificate |
One Year |
$ 80.00 |
R-1 |
Hotels, motels, boarding houses, etc; AND R-2 Dormitories |
~ |
Prior to issuance of each new certificate |
One Year |
$80 plus $2/bedroom |
R-1 |
Detoxification facilities |
~ |
Prior to issuance of each new certificate |
Two Years |
$ 125.00 |
R-22 |
Multi-Family (3 or more dwelling units) |
~ |
Prior to issuance of each new certificate |
Five Years |
$80 plus $5/dwelling unit |
R-2 |
Summer camps for children |
~ |
Annual |
One Year |
note b |
R-4 |
Residential care/assisted living facilities (6-16 residents) |
~ |
Annual |
One Year |
$ 80.00 |
~ |
Facilities licensed by the Alcohol Beverage Control Commission where alcoholic |
Annual |
One Year (per |
See A-2 |
Any |
beverages are served and consumed |
~ |
(per MGL c. 10 § 74) |
MGL c. 10 § 74) |
above |
Any |
House museums (see 780 CMR chapter 34 for definition) |
~ |
Annual |
One Year |
$ 80.00 |
Any |
Fire Escapes, etc. per 780 CMR chapter 10 |
~ |
Five Years |
Five Years |
note c |
Notes applicable to Table 110:
General note: It is the responsibility of building “owner”, as defined in 780 CMR Chapter 2, to meet the inspection requirements in this table for continued use and occupancy. The maximum certification period specified in the table is intended to provide administrative flexibility. For uses allowing more than one year maximum certification period, the building official may determine the certificate validity term. For example, an R-2 building could be certified for one, two, three, four, or five years.
- When appropriate for A-2 uses, the inspection for the Certificate of Inspection should include and be timed to satisfy the requirements of M.G.L. c. 10, § 74.
- Building inspections in this use group may be performed by a qualified third party acceptable to the building official that includes but is not limited to: registered design professional or individuals with qualifications comparable to a building official as per section 103.
- One year for facilities licensed or operated by DMH (Department of Mental Health)
- For all buildings or structures, or parts thereof, in the I-2 or I-3 use group, the fee to be charged for the maximum certification period of two years is $150 for each structure containing up to 100 beds, plus a $4 charge for each additional ten beds or fraction thereof.
- Summer Camps for children in use group R-2 shall be inspected and certified annually prior to the beginning of each season. The annual fee shall be $80 plus $30 per assembly building or use.
- 780 CMR 1001.3.2 Testing and Certification. All exterior bridges, steel or wooden stairways, fire escapes and egress balconies shall be examined and/or tested, and certified for structural adequacy and safety every five years, by a registered design professional, or others qualified and acceptable to the building official; said professional or others shall then submit an affidavit to the building official.
#8521
On a motion by Councillor Ronald Cormier, seconded by Councillor Henry Ares, it was voted on voice vote, ten (10) yeas, President Neil Janssens and Councillors Alice Anderson, Henry Ares, David Boudreau, Joshua Cormier, Ronald Cormier, Patrick Gerry, Edward Gravel, Scott Graves and James Robinson, Jr.; one (1) absent, Councillor James Minns, to grant a request of the Gardner Redevelopment Authority to schedule a confirmatory public hearing for the City of Gardner Urban Renewal Plan. President Janssens will schedule the hearing for Monday, February 7, 2011.
#8522
On a motion by Councillor Joshua Cormier, seconded by Councillor Scott Graves, it was voted on voice vote, ten (10) yeas, President Neil Janssens and Councillors Alice Anderson, Henry Ares, David Boudreau, Joshua Cormier, Ronald Cormier, Patrick Gerry, Edward Gravel, Scott Graves and James Robinson, Jr.; one (1) absent, Councillor James Minns, to refer to the Public Safety Committee for Study and Report the application of Brian’s Bowlaway, Inc., 123 Main Street, for renewal of a Bowling Alley License for period 5/1/2010 to 4/30/2011.
#8523
On a motion by Councillor James Robinson, seconded by Councillor Edward Gravel, it was voted on voice vote,
nine (9) yeas, President Neil Janssens and Councillors Alice Anderson, Henry Ares, David Boudreau, Joshua Cormier, Ronald Cormier, Patrick Gerry, Edward Gravel and James Robinson, Jr.; one (1) nay, Councillor Scott Graves; one (1) absent, Councillor James Minns, to refer to the Planning Board for review a petition to amend the Zoning Ordinance of the City of Gardner requiring that a special permit from the City Council be necessary for a Medical Office Use within the Central Business District and Neighborhood Business District. [Referred pursuant to Section 5 of Chapter 40A of the General Laws].
NEW BUSINESS
On a motion by Councillor Joshua Cormier, seconded by Councillor Alice Anderson, it was voted on voice vote, ten (10) yeas, President Neil Janssens and Councillors Alice Anderson, Henry Ares, David Boudreau, Joshua Cormier, Ronald Cormier, Patrick Gerry, Edward Gravel, Scott Graves and James Robinson, Jr.; one (1) absent, Councillor James Minns to consider NEW BUSINESS.
CHRISTMAS TREE PICK-UP
Councillor Edward Gravel announced Waste Management would be picking up Christmas trees this week, on the same day as the homeowner’s regular waste pick-up schedule.
DAMAGED WASTE RECEPTACLES (“TOTERS”)
Councillor Edward Gravel informed the Council he counted twelve (12) smashed trash cans (“Toters”) along West Street and reminded homeowners to retrieve them as soon as possible after collection, particularly during snowstorms.
LOAN ORDER/MSBA GRANT TO REPLACE SCHOOL ROOFS
Councillors Joshua Cormier and Ronald Cormier expressed appreciation to School Department administrators for their efforts in securing approval of MSBA grants to replace the roofs at Elm Street School, Gardner High School, and Waterford Street School.
POLICE BUILDING NEEDS COMMITTEE
Councillor Joshua Cormier informed the Council the Police Station Building Needs Committee will meet tomorrow (Tuesday) to review bids [for consulting services]. He added the Committee “did its due diligence”.
MONTACHUSETT REGIONAL VOCATIONAL TECHNICAL SCHOOL LOCAL PROJECTS
Councillor Alice Anderson commented on the invaluable services provided the City by the vocational students at Monty Tech, having completed nineteen (19) projects in the past year, as reported in the Annual Report.
COUNCIL PRESIDENT’S ELECTION
President Neil Janssens expressed appreciation to fellow Councillors for their continued support in re-electing him to another term as Council President.
ADJOURNMENT
On a motion by Councillor Joshua Cormier, seconded by Councillor Alice Anderson, it was voted on voice vote, ten (10) yeas, President Neil Janssens and Councillors Alice Anderson, Henry Ares, David Boudreau, Joshua Cormier, Ronald Cormier, Patrick Gerry, Edward Gravel, Scott Graves and James Robinson, Jr.; one (1) absent, Councillor James Minns, to adjourn at 7:48 o’clock p.m. after recitation of the Closing Prayer.
Accepted by the City Council:
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