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Monday evening, March 7, 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 – Seven (7) members present, President Neil Janssens and Councillors Alice Anderson, Henry Ares, Joshua Cormier, Patrick Gerry, Edward Gravel and James Minns; four (4) absent, Councillors David Boudreau, Ronald Cormier, Scott Graves 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, 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, seven (7) yeas, President Neil Janssens and Councillors Alice Anderson, Henry Ares, Joshua Cormier, Patrick Gerry, Edward Gravel and James Minns; four (4) absent, Councillors David Boudreau, Ronald Cormier, Scott Graves and James Robinson, Jr. to accept the Minutes of the Regular Meeting and Public Hearing of February 22, 2011 and the Public Hearing of February 28, 2011, as written.
PUBLIC HEARING
#8539
President Janssens opened the Public Hearing at 7:31 P.M. and read the following Notice:
Pursuant to the provisions of M.G.L.A., c.166, §22, a Public Hearing will be conducted on Monday, March 7, 2011 at 7:30 o'clock P.M. in the City Council Chambers, 2nd Floor, City Hall, 95 Pleasant Street, Gardner, Massachusetts, upon the petition of MASSACHUSETTS ELECTRIC COMPANY and VERIZON NEW ENGLAND for permission to locate poles, wires and fixtures, including the necessary sustaining and protecting fixtures to be owned and used in common by the petitioners, along and across Newton Street - Install One (1) Jointly-owned pole.
SPEAKING IN FAVOR: Ken Dobie, NATIONAL GRID
SPEAKING AGAINST: No one.
President Janssens declared the Public Hearing closed at 7:32 P.M.
On a motion by Councillor Alice Anderson, seconded by Councillor Henry Ares, it was voted on voice vote, seven (7) yeas, President Neil Janssens and Councillors Alice Anderson, Henry Ares, Joshua Cormier, Patrick Gerry, Edward Gravel and James Minns; four (4) absent, Councillors David Boudreau, Ronald Cormier, Scott Graves and James Robinson, Jr. 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 18th day of January 2011.
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 - Newton Street-Gardner, Massachusetts.
No. 10347301…………………………………..Dated: 1/18/2011 - 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:-
Newton Street
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.
APPOINTMENT
#8540
On a motion by Councillor James Minns, seconded by Councillor Henry Ares, it was voted on voice vote, seven (7) yeas, President Neil Janssens and Councillors Alice Anderson, Henry Ares, Joshua Cormier, Patrick Gerry, Edward Gravel and James Minns; four (4) absent, Councillors David Boudreau, Ronald Cormier, Scott Graves and James Robinson, Jr., to confirm the following appointment received from the Mayor:
RAYMOND LaFOND to the position of Member, Zoning Board of Appeals, for term expiring February 18, 2014.
Worcester, ss. March 7, 2011
Then personally appeared Raymond lafond and made oath that he would faithfully and impartially perform the duties of the office of Member, Zoning Board of Appeals, according to law and the best of his abilities.
Before me,
/s/ Alan L. Agnelli, City Clerk
ORDERS
#8541
On a motion by Councillor Alice Anderson, seconded by Councillor Joshua Cormier, on favorable recommendation of the Finance Committee, it was voted on roll call, (7) yeas, President Neil Janssens and Councillors Alice Anderson, Henry Ares, Joshua Cormier, Patrick Gerry, Edward Gravel and James Minns; four (4) absent, Councillors David Boudreau, Ronald Cormier, Scott Graves and James Robinson, Jr., to pass the following Order:
AN ORDER APPROPRIATING A SUM OF MONEY FROM FREE CASH TO BUILDING DEPARTMENT, NEW VEHICLE ACCOUNT.
ORDERED: That there be and is hereby appropriated the sum of Fifteen Thousand Dollars and No Cents ($15,000.00) from Free Cash to Building Department, New Vehicle Account.
Presented to Mayor for Approval – March 8, 2011
Approved – March 9, 2011
MARK P. HAWKE, Mayor
#8542
On a motion by Councillor Alice Anderson, seconded by Councillor James Minns, on favorable recommendation of the Finance Committee, it was voted on roll call, (7) yeas, President Neil Janssens and Councillors Alice Anderson, Henry Ares, Joshua Cormier, Patrick Gerry, Edward Gravel and James Minns; four (4) absent, Councillors David Boudreau, Ronald Cormier, Scott Graves and James Robinson, Jr., to pass the following Order:
AN ORDER APPROPRIATING A SUM OF MONEY FROM FREE CASH TO MAYOR’S UNCLASSIFIED, NEW POLICE STATION ACCOUNT.
ORDERED: That there be and is hereby appropriated the sum of One Hundred Thousand Dollars and No Cents ($100,000.00) from Free Cash to Mayor’s Unclassified, New Police Station Account.
Presented to Mayor for Approval – March 8, 2011
Approved – March 9, 2011
MARK P. HAWKE, Mayor
#8543
On a motion by Councillor Alice Anderson, seconded by Councillor Patrick Gerry, on favorable recommendation of the Finance Committee, it was voted on roll call, (7) yeas, President Neil Janssens and Councillors Alice Anderson, Henry Ares, Joshua Cormier, Patrick Gerry, Edward Gravel and James Minns; four (4) absent, Councillors David Boudreau, Ronald Cormier, Scott Graves and James Robinson, Jr., to pass the following Order:
AN ORDER APPROPRIATING A SUM OF MONEY FROM FREE CASH TO MAYOR’S UNCLASSIFIED, PAYROLL CONVERSION ACCOUNT.
ORDERED: That there be and is hereby appropriated the sum of Twenty One Thousand Dollars and No Cents ($21,000.00) from Free Cash to Mayor’s Unclassified, Payroll Conversion Account.
Presented to Mayor for Approval – March 8, 2011
Approved – March 9, 2011
MARK P. HAWKE, Mayor
ORDINANCE
#8544
On a motion by Councillor Alice Anderson, seconded by Councillor James Minns, on favorable recommendation of the Finance Committee, it was voted on voice vote, (7) yeas, President Neil Janssens and Councillors Alice Anderson, Henry Ares, Joshua Cormier, Patrick Gerry, Edward Gravel and James Minns; four (4) absent, Councillors David Boudreau, Ronald Cormier, Scott Graves and James Robinson, Jr., to Order to First Printing the following:
AN ORDINANCE RELATING TO THE CLASSIFICATION AND COMPENSATION OF OFFICERS, EMPLOYEES, AND PERSONNEL OF THE POLICE AND FIRE DEPARTMENTS
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GARDNER AS FOLLOWS:
That “An Ordinance relating to the Classification and Compensation of Officers, Employees and Personnel of the Police and Fire Departments (Compilation of Ordinances No. 41) and amended several times thereafter be further amended by striking from SECTION VI-A – UNION & NON-UNION DIRECT & SUPERVISORY STAFF, the following:
SECTION VI-A – UNION & NON-UNION DIRECT & SUPERVISORY STAFF
POSITION
Assistant Director of Public Health $37,144.47
And inserting in place thereof the following:
POSITION Step 1 Step 2 Step 3
Assistant Director of Public Health 7/4/11 $37,152.44 $41,577.64 $46,002.84
PETITIONS, APPLICATIONS, REMONSTRANCES, ETC.
#8545
On a motion by Councillor Joshua Cormier, seconded by Councillor Edward Gravel, it was voted on roll call, (7) yeas, President Neil Janssens and Councillors Alice Anderson, Henry Ares, Joshua Cormier, Patrick Gerry, Edward Gravel and James Minns; four (4) absent, Councillors David Boudreau, Ronald Cormier, Scott Graves and James Robinson, Jr., to order to public hearing the Petition of National Grid and Verizon New England, Inc. for a Joint Pole Location on Whitney Street.
#8546
Leading to a motion, Councillor Alice Anderson reported the Finance Committee recently met to discuss the provisions of Chapter 59, §5(54) of the General Laws, which, if accepted, would authorize an exemption in amounts less than $5,000.00 of fair cash value on personal property accounts to be taxed beginning in Fiscal Year 2012.
She stated the City Assessor informed the Committee that Gardner has over 2,200 personal property tax accounts, yet collects taxes from only 277 entities (residential, commercial, and industrial). She explained property owners of rental units pay the tax for all personal property in the rented units (e.g. stove, refrigerator). Owner-occupied units do not have to pay personal property taxes.
Currently, the City is required to tax all 2,200 property entities, so without an exemption for small valued property, everyone would pay. Under the adopted exemption, all personal property owners must still file annually, anyone with [combined] values below $5,000 would not have to pay personal property taxes.
She added the $5,000 threshold could be raised or lowered at any time and “it is a positive step to relieve the tax burden on taxpayers”.
She moved acceptance of the provisions of Chapter 59, §5(54) of the General Laws, which, if accepted, would authorize an exemption in amounts less than $5,000.00 of fair cash value on personal property accounts to be taxed beginning in Fiscal Year 2012. Councillor Patrick Gerry seconded her motion.
Councillors raised questions concerning the range of exemptions, the impact on multi-unit rentals, and owner occupied rentals.
Recommending that the full Council have the opportunity to further study and evaluate the proposal, Councillor Henry Ares moved to refer the item back to the Finance Committee for further study and report. The motion was seconded by Councillor James Minns. On voice vote (7) yeas, President Neil Janssens and Councillors Alice Anderson, Henry Ares, Joshua Cormier, Patrick Gerry, Edward Gravel and James Minns; four (4) absent, Councillors David Boudreau, Ronald Cormier, Scott Graves and James Robinson, Jr., the motion was adopted.
#8547
On a motion by Councillor Alice Anderson, seconded by Councillor Edward Gravel, it was voted on voice vote, (7) yeas, President Neil Janssens and Councillors Alice Anderson, Henry Ares, Joshua Cormier, Patrick Gerry, Edward Gravel and James Minns; four (4) absent, Councillors David Boudreau, Ronald Cormier, Scott Graves and James Robinson, Jr., to lay on the table an ORDER OF TAKING AND ACCEPTANCE OF DONATION FOR PERMANENT AND TEMPORARY EASEMENTS BY THE CITY OF GARDNER BY AND THROUGH ITS CITY COUNCIL FOR MILL STREET BRIDGE REPLACEMENT, until such time as a two-thirds majority of the membership is in attendance in order to act on the item.
#8548
On a motion by Councillor Alice Anderson, seconded by Councillor Edward Gravel, it was voted on voice vote, (7) yeas, President Neil Janssens and Councillors Alice Anderson, Henry Ares, Joshua Cormier, Patrick Gerry, Edward Gravel and James Minns; four (4) absent, Councillors David Boudreau, Ronald Cormier, Scott Graves and James Robinson, Jr., to lay on the table an ORDER OF TAKING IN FEE AND FOR PERMANENT AND TEMPORARY EASEMENTS BY THE CITY OF GARDNER BY AND THROUGH ITS CITY COUNCIL FOR WINTER STREET BRIDGE REPLACEMENT until such time as a two-thirds majority of the membership is in attendance in order to act on the item.
#8549
On a motion by Councillor Joshua Cormier, seconded by Councillor Patrick Gerry, it was voted on voice vote, (7) yeas, President Neil Janssens and Councillors Alice Anderson, Henry Ares, Joshua Cormier, Patrick Gerry, Edward Gravel and James Minns; four (4) absent, Councillors David Boudreau, Ronald Cormier, Scott Graves and James Robinson, Jr., to approve the application of Marco’s Motorsports, 325 East Broadway, for a License to Buy and Sell Second Hand Motor Vehicles (Class II) for the period ending December 31, 2011.
#8550
On a motion by Councillor Joshua Cormier, seconded by Councillor Henry Ares, it was voted on voice vote, (7) yeas, President Neil Janssens and Councillors Alice Anderson, Henry Ares, Joshua Cormier, Patrick Gerry, Edward Gravel and James Minns; four (4) absent, Councillors David Boudreau, Ronald Cormier, Scott Graves and James Robinson, Jr., to approve the application of Laptop Computer Repair, Inc., 509 Main Street, for a License to Deal in Junk and Second Hand Articles for the period ending April 30, 2011.
REPORTS OF STANDING COMITTEES
COUNCIL AS COMMITTEE OF THE WHOLE
#8538
President Janssens announced the Council will meet with MWCC officials on April 4, 2011 at 6:30 p.m. to discuss the College’s interest in acquiring City-owned land on Green Street to construct dormitories. (Item Referred 2/22/2011).
UNFINISHED BUSINESS AND MATTERS FOR RECONSIDERATION
UNFINISHED BUSINESS
#8523
President Janssens announced the City Council has not yet received the Report from the Planning Board on the amended registered voter petition seeking to amend the Zoning Ordinance as follows: “Section 1180 Special Permits of the Zoning Ordinance of the City of Gardner requiring that a special permit from the City Council be necessary for a Provider of Abortion Referral Services within Commercial 1 and Commercial 2 Districts.”
#8530
On a motion by Councillor Alice Anderson, seconded by Councillor Joshua Cormier, it was voted on voice vote, (7) yeas, President Neil Janssens and Councillors Alice Anderson, Henry Ares, Joshua Cormier, Patrick Gerry, Edward Gravel and James Minns; four (4) absent, Councillors David Boudreau, Ronald Cormier, Scott Graves and James Robinson, Jr., to lay on the table an amendment to Section 1110 Enforcement of the Zoning Ordinance, until such time as a two-thirds majority of the membership is in attendance in order to act on the item (First Printing February 25, 2011).
#8531
On a motion by Councillor Alice Anderson, seconded by Councillor James Minns, it was voted on voice vote, (7) yeas, President Neil Janssens and Councillors Alice Anderson, Henry Ares, Joshua Cormier, Patrick Gerry, Edward Gravel and James Minns; four (4) absent, Councillors David Boudreau, Ronald Cormier, Scott Graves and James Robinson, Jr., to lay on the table an Ordinance Amending Zoning Ordinance Subsection 520 “Groundwater Protection Overlay District” and adding Subsection 560 “Surface Water Protection Overlay District” until such time as a two-thirds majority of the membership is in attendance in order to act on the item (First
Printing February 25, 2011).
NEW BUSINESS
On a motion by Councillor Joshua Cormier, seconded by Councillor Patrick Gerry, it was voted on voice vote, (7) yeas, President Neil Janssens and Councillors Alice Anderson, Henry Ares, Joshua Cormier, Patrick Gerry, Edward Gravel and James Minns; four (4) absent, Councillors David Boudreau, Ronald Cormier, Scott Graves and James Robinson, Jr., to consider NEW BUSINESS.
ROAD CONDITIONS
Councillor Henry Ares commented on the condition of roads and recommended drivers become aware of passable streets, particularly on Pine Street near Central Street, as well as lower Parker Street. He also praised the DPW for patching roadways caused by recent weather conditions. Councillor Joshua Cormier added praise for the DPW’s response to recent roadway flooding.
PUBLIC HEARING ATTENDANCE
Councillor Joshua Cormier praised residents who participate in hearings, in particular those citizens who attended the February 28th Public Hearing, adding “If I wasn’t sitting here, I might have been sitting out there saying the things that they said”.
POLICE DEPARTMENT REFURBISHED CRUISERS
Councillor Joshua Cormier praised the Police Chief for refurbishing three police cruisers, with a fourth cruiser “in the works”. He added the cost to refurbish the cruisers is equivalent to purchasing two new cruisers.
MEDICATION DROP-OFF PROGRAM
Councillor Joshua Cormier announced the Board of Health will be conducting a Medication Drop-off Program on Saturday, May 7, 2011 at Waterford Street School from 9 a.m. until Noon.
TRI-CITY COUNCIL DINNER
President Janssens reminded the Council that the Tri-City Council Dinner is scheduled for Wednesday, April 6, 2011 at Slattery’s Restaurant in Fitchburg. Payment is due to the City Clerk by March 25.
ADJOURNMENT
On a motion by Councillor Joshua Cormier, seconded by Councillor Alice Anderson, it was voted on voice vote, (7) yeas, President Neil Janssens and Councillors Alice Anderson, Henry Ares, Joshua Cormier, Patrick Gerry, Edward Gravel and James Minns; four (4) absent, Councillors David Boudreau, Ronald Cormier, Scott Graves and James Robinson, Jr., to adjourn at 8:14 o’clock p.m. after recitation of the Closing Prayer.
Accepted by the City Council:
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