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Tuesday evening, January 18, 2011. Regular Meeting of the City Council held in the Council Chambers, City Hall.~ Meeting called to order by President Neil Janssens at 7:30 o’clock p.m.
Roll call taken – Eleven (11) members present, President Neil Janssens and Councillors Alice Anderson, Henry Ares, David Boudreau, Joshua Cormier, Ronald Cormier, Patrick Gerry, Edward Gravel, Scott Graves, James Minns and James Robinson, Jr.
The Opening Prayer was recited in unison.
The Pledge of Allegiance was recited in unison.
President Janssens 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, and George Barnes, Reporter for the Worcester Telegram & Gazette, announced plans to audio record the meeting. President Janssens informed the Council, where no objections were raised as to the manner and/or location of recording.
ACCEPTANCE OF MINUTES
On a motion by Councillor Joshua Cormier, seconded by Councillor Alice Anderson, it was voted on voice vote, eleven (11) yeas, President Neil Janssens and Councillors Alice Anderson, Henry Ares, David Boudreau, Joshua Cormier, Ronald Cormier, Patrick Gerry, Edward Gravel, Scott Graves, James Minns and James Robinson, Jr. to accept the Minutes of the Regular Meeting of January 3, 2011, as written.
APPOINTMENTS
#8524
On a motion by Councillor Joshua Cormier, seconded by Councillor James Robinson, it was voted on voice vote, eleven (11) yeas, President Neil Janssens and Councillors Alice Anderson, Henry Ares, David Boudreau, Joshua Cormier, Ronald Cormier, Patrick Gerry, Edward Gravel, Scott Graves, James Minns and James Robinson, Jr. to confirm the following appointment received from the Mayor:
MATTHEW ARSENAULT to the position of Permanent Full-time Patrolman.
Worcester, ss. January 18, 2011
Then personally appeared MATTHEW ARSENAULT and made oath that he would bear true faith and allegiance to the United States of America and the Commonwealth of Massachusetts and would support the Constitution and laws thereof.
Before me,
/s/ Alan L. Agnelli, City Clerk
#8525
On a motion by Councillor Henry Ares, seconded by Councillor Patrick Gerry, it was voted on voice vote, eleven (11) yeas, President Neil Janssens and Councillors Alice Anderson, Henry Ares, David Boudreau, Joshua Cormier, Ronald Cormier, Patrick Gerry, Edward Gravel, Scott Graves, James Minns and James Robinson, Jr. to confirm the following appointment received from the Mayor:
JEFFREY LABONTE to the position of Permanent Full-time Patrolman.
Worcester, ss. January 18, 2011
Then personally appeared JEFFREY LABONTE and made oath that he would bear true faith and allegiance to the United States of America and the Commonwealth of Massachusetts and would support the Constitution and laws thereof.
Before me,
/s/ Alan L. Agnelli, City Clerk
#8526
On a motion by Councillor Alice Anderson, seconded by Councillor James Minns, it was voted on voice vote, eleven (11) yeas, President Neil Janssens and Councillors Alice Anderson, Henry Ares, David Boudreau, Joshua Cormier, Ronald Cormier, Patrick Gerry, Edward Gravel, Scott Graves, James Minns and James Robinson, Jr. to confirm the following appointment received from the Mayor:
JILL STEWART to the position of Permanent Full-time Dispatcher.
Worcester, ss. January 18, 2011
Then personally appeared JILL STEWART and made oath that he would bear true faith and allegiance to the United States of America and the Commonwealth of Massachusetts and would support the Constitution and laws thereof.
Before me,
/s/ Alan L. Agnelli, City Clerk
#8527
On a motion by Councillor Joshua Cormier, seconded by Councillor Henry Ares, it was voted on voice vote, eleven (11) yeas, President Neil Janssens and Councillors Alice Anderson, Henry Ares, David Boudreau, Joshua Cormier, Ronald Cormier, Patrick Gerry, Edward Gravel, Scott Graves, James Minns and James Robinson, Jr. to confirm the following appointment received from the Mayor:
NEIL C. ERICKSON to the position of Police Chief for term expiring January 7, 2014.
Worcester, ss. January 18, 2011
Then personally appeared NEIL C. ERICKSON and made oath that he would bear true faith and allegiance to the United States of America and the Commonwealth of Massachusetts and would support the Constitution and laws thereof.
Before me,
/s/ Alan L. Agnelli, City Clerk
#8528
On a motion by Councillor James Minns, seconded by Councillor David Boudreau, it was voted on voice vote, eleven (11) yeas, President Neil Janssens and Councillors Alice Anderson, Henry Ares, David Boudreau, Joshua Cormier, Ronald Cormier, Patrick Gerry, Edward Gravel, Scott Graves, James Minns and James Robinson, Jr. to confirm the following appointment received from the Mayor:
ROBERT HANKINSON to the position of City Engineer for term expiring January 5, 2014.
Worcester, ss. January 18, 2011
Then personally appeared ROBERT HANKINSON and made oath that he would faithfully and impartially perform the duties of the office of City Engineer according to law and the best of his abilities.
Before me,
/s/ Alan L. Agnelli, City Clerk
PETITIONS, APPLICATIONS, REMONSTRANCES, ETC.
#8529
Leading to a motion, Councillor Ronald Cormier, speaking for the Finance Committee, stated the addition of a sixth full-time Dispatcher in the Police Station would provide more uniform [emergency communications] coverage.
On questions raised by Councillors Edward Gravel and David Boudreau, Mayor Hawke stated funding is available in the current fiscal year’s Police Department budget, as a surplus exists due to personnel departures. He added it is his goal to relocate Fire Dispatching to the Police Department [E911 Center], thereby relieving a fully-trained Firefighter from desk dispatch, [consequently] making him available for [outside] emergency response.
On a motion by Councillor Ronald Cormier, seconded by Councillor Alice Anderson, on favorable recommendation by the Finance Committee, it was voted on voice vote, eleven (11) yeas, President Neil Janssens and Councillors Alice Anderson, Henry Ares, David Boudreau, Joshua Cormier, Ronald Cormier, Patrick Gerry, Edward Gravel, Scott Graves, James Minns and James Robinson, Jr. to establish a sixth full-time Dispatcher position in the Police Department.
Presented to Mayor for Approval – January 19, 2011
Approved – January 19, 2011
MARK P. HAWKE, Mayor
#8530
On a motion by Councillor Patrick Gerry, seconded by Councillor Edward Gravel, it was voted on voice vote, eleven (11) yeas, President Neil Janssens and Councillors Alice Anderson, Henry Ares, David Boudreau, Joshua Cormier, Ronald Cormier, Patrick Gerry, Edward Gravel, Scott Graves, James Minns and James Robinson, Jr. to refer to the Public Welfare Committee for Study and Report an Amendment to Subsection 1110 “Enforcement” of the Zoning Ordinance, as submitted by the Planning Board.
#8531
On a motion by Councillor Patrick Gerry, seconded by Councillor Edward Gravel, it was voted on voice vote, eleven (11) yeas, President Neil Janssens and Councillors Alice Anderson, Henry Ares, David Boudreau, Joshua Cormier, Ronald Cormier, Patrick Gerry, Edward Gravel, Scott Graves, James Minns and James Robinson, Jr. to refer to the Public Welfare Committee for Study and Report Amendments to the Zoning Ordinance, Subsection 520 “Groundwater Protection Overlay District” and by adding Subsection 560 “Surface Water Protection Overlay District”, as submitted by the Planning Board.
REPORTS OF STANDING COMITTEES
PUBLIC SAFETY COMMITTEE
#8520
Councillor Joshua Cormier, Chairman of the Public Safety Committee, reported the [Safety] Committee is still awaiting word on the impact of the [proposed Ordinance] change.
On a motion by Councillor Joshua Cormier, seconded by Councillor Scott Graves, it was voted on voice vote, eleven (11) yeas, President Neil Janssens and Councillors Alice Anderson, Henry Ares, David Boudreau, Joshua Cormier, Ronald Cormier, Patrick Gerry, Edward Gravel, Scott Graves, James Minns and James Robinson, Jr. to order to First Printing the following Ordinance, and further, to Refer the matter back to the Safety Committee for further 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.
#8522
On a motion by Councillor Joshua Cormier, seconded by Councillor James Robinson, it was voted on voice vote, eleven (11) yeas, President Neil Janssens and Councillors Alice Anderson, Henry Ares, David Boudreau, Joshua Cormier, Ronald Cormier, Patrick Gerry, Edward Gravel, Scott Graves, James Minns and James Robinson, Jr. to approve the application of Brian’s Bowlaway, Inc., 123 Main Street for a Bowling Alley License (14 lanes) for the period 5/1/2010 to 4/30/2011.
UNFINISHED BUSINESS AND MATTERS FOR RECONSIDERATION
UNFINISHED BUSINESS
#8521
President Janssens announced the Urban Renewal Plan Confirmatory Hearing is scheduled for February 7, 2011 at 7:15 p.m. in the City Council Chambers.
#8523
On a motion by Councillor Joshua Cormier, seconded by Councillor Scott Graves, it was voted on voice vote, eleven (11) yeas, President Neil Janssens and Councillors Alice Anderson, Henry Ares, David Boudreau, Joshua Cormier, Ronald Cormier, Patrick Gerry, Edward Gravel, Scott Graves, James Minns and James Robinson, Jr. to
Order to a Public Hearing, a petition for a Zoning Ordinance Amendment - Medical Office Uses. (Petition referred to the Planning Board on 1/3/2011 for review under G.L. c. 40A, §5. Planning Board replied in a letter dated 1/13/2011).
NEW BUSINESS
On a motion by Councillor Joshua Cormier, seconded by Councillor Alice Anderson, it was voted on voice vote,
eleven (11) yeas, President Neil Janssens and Councillors Alice Anderson, Henry Ares, David Boudreau, Joshua Cormier, Ronald Cormier, Patrick Gerry, Edward Gravel, Scott Graves, James Minns and James Robinson, Jr. to consider NEW BUSINESS.
COUNCILLOR PATRICK GERRY’S WEBSITE
Councillor Patrick Gerry stated [the content of] his [personal] website, www.patrickgerry.com, will be converted to Council-related business within a week which will feature a blog. He invited the public to “stop by”.
SNOW REMOVAL CONDITIONS/BUDGET
Councillor David Boudreau stated, “Winter’s here, so let’s hope the first few storms do not wipe out the budget”.
“Adopt-a-hydrant” program
Councillor Henry Ares informed the Council a few years ago; the City had an “Adopt a Fire Hydrant Program” and encouraged residents who live near a fire hydrant, to “make sure that it is cleared and workable”. He added that if unable to clear a hydrant, to contact the Highway Department and “somebody will get over there and clean it out for you”.
CRYSTAL LAKE ICE MELT CONTEST
Councillor Henry Ares announced the Crystal Lake Ice Melt Contest will begin in February.
CASINO
Councillor Scott Graves stated he noted with interest some local representatives said that if a Casino effort is launched again, Central Massachusetts would be a great location, specifically citing Gardner and Templeton. He added that if it [casino effort] ever gets off the ground, they (representatives) would “give us strong consideration”, but “obviously we would have to hear from constituents to see how they feel about it”. He further stated that “it would bring a lot of business and has done wonders for a lot of other communities in Connecticut and Rhode Island”, and will continue looking into it and [will] get back to all in the future.
SIDEWALK SNOW REMOVAL/ ADOPT-A-SIDEWALK
Councillor Joshua Cormier reminded homeowners to clear the sidewalks abutting their property, especially along routes travelled by schoolchildren. He added he, the Mayor, the Superintendent of Schools, School Committee, and the DPW Director have discussed ways to improve the removal of snow from sidewalks and suggested establishing an “Adopt-A-Sidewalk” program. He encouraged residents to clear the sidewalks, if able.
POLICE STATION BUILDING NEEDS COMMITTEE
Councillor Joshua Cormier informed the Council the Police Station Building Needs Committee recently interviewed three consulting firms, one to be chosen to assume the role of Police Station Building Project Manager. He added the Project Manager would assemble the necessary information which would be used to educate the public on Police facility needs for a possible [November 2011] ballot question.
ENERGY REBATE PROGRAM
Councillor Alice Anderson informed the Council another rebate [program] on fuel oil heating equipment is underway. Residents should contact National Grid for more details and to schedule a home energy assessment.
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ADJOURNMENT
On a motion by Councillor Joshua Cormier, seconded by Councillor Alice Anderson, it was voted on voice vote,
eleven (11) yeas, President Neil Janssens and Councillors Alice Anderson, Henry Ares, David Boudreau, Joshua Cormier, Ronald Cormier, Patrick Gerry, Edward Gravel, Scott Graves, James Minns and James Robinson, Jr. to adjourn at 7:55 o’clock p.m. after recitation of the Closing Prayer.
Accepted by the City Council:
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