Monday evening, March 21, 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 – Ten (10) members present, 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.
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, 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 March 7, 2011 and correction to the Minutes of the Public Hearing of February 28, 2011, as written.
PUBLIC HEARING
#8545
President Janssens opened the Public Hearing at 7:35 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 21, 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, D/B/A NATIONAL GRID 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 Whitney 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 7:37 P.M.
On a motion by Councillor Ronald 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 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 26th 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 - Whitney Street-Gardner, Massachusetts.
No. 10328944…………………………………..Dated: 1/26/2011 - 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:-
Whitney 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.
ORDINANCE
#8544
On a motion by Councillor Alice Anderson, seconded by Councillor Joshua Cormier, 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 pass and Order to Final 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
In City Council – March 7, 2011
Ordered Printed – March 7, 2011
First Printing – March 11, 2011
Ordinance Passed – March 21, 2011
Presented to Mayor for Approval – March 22, 2011
Approved – March 22, 2011
MARK P. HAWKE, Mayor
Final Printing - March 29, 2011
PETITIONS, APPLICATIONS, REMONSTRANCES, ETC.
#8547
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 adopt the following Order:
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
In City Council 21st day of March, 2011
RESOLVED:
Whereas, in the opinion of the Mayor and City Council of the City of Gardner, the Public convenience and necessity of the inhabitants of the City require that the following Parcels of land be taken as Permanent Easements and Temporary Construction Easements from land owned by the City and property owners abutting Mill Street in said City of Gardner, Massachusetts, as more particularly described hereinafter, and whereas it is the intention of the Mayor and City Council to take said property and easements by right of eminent domain or as a donation as set forth in the order hereto annexed, it is therefore:
ORDERED:
That by virtue of the authority conferred by Chapter 79 and every other power and authority thereto enabling, the City of Gardner, acting by its City Council, hereby takes in the name and on behalf of the City of Gardner as Permanent Easement the Parcel identified as B-1-C and as Temporary Construction Easements the Parcels identified as TE-2-C and TE-3-C and accepts as donation Permanent Easement Parcel B-2-C and Temporary Easement Parcel TE-1-C as shown on a plan entitled “Plan of Easements for Bridge Reconstruction, City of Gardner, Mill Street at Baker Brook” showing the location of easements for the purpose of reconstructing Mill Street Bridge. Plan Date: October 14, 2010, prepared by AI Engineers, INC., to be recorded, Plan book _____ Page____,
herewith and made a part of this taking and a copy to be filed in the office of the Survey Department, Gardner Massachusetts. The above referenced Temporary Construction Easements shall expire upon completion of construction or after 5 years, whichever is less.
And as parcel B-1-C is owned by the City of Gardner and parcels B-2-C and TE-1-C have been donated, no damages have been awarded. And we have considered and estimated the damages in their estates and hereby determine and award the same and to be paid to the owners of Parcels TE-2-C and TE-3-C in the amount of $ 144.61 and $ 782.87 respectively.
Presented to the Mayor for Approval - March 22, 2011
Approved March 22, 2011
MARK P. HAWKE, Mayor
#8548
On a motion by Councillor Ronald Cormier, seconded by Councillor Patrick Gerry, on, 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 adopt the following Order:
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
In City Council 21st day of March, 2011
RESOLVED:
Whereas, in the opinion of the Mayor and City Council of the City of Gardner, the Public convenience and necessity of the inhabitants of the City require that the following Parcels of land be taken in fee, as Permanent Easements and Temporary Construction Easements from land owned by the City abutting Winter Street in said City of Gardner, Massachusetts, as more particularly described hereinafter, and whereas it is the intention of the Mayor and City Council to take said property and easements by right of eminent domain as set for in the order hereto annexed, it is therefore:
ORDERED:
That by virtue of the authority conferred by Chapter 79 and every other power and authority thereto enabling, the City of Gardner, acting by its City Council, hereby takes in the name and on behalf of the City of Gardner as Permanent Easement Parcels identified as CD-1, GR-1 and GR-2 and as Temporary Construction Easements the Parcels identified as TE-1, TE-2 and TE-3 and in fee Parcel 1-T on “Exhibit A” attached hereto, and as shown on a plan entitled “Plan of Road in the , City of Gardner, Worcester County” showing the location of a taking and easements for the purpose of reconstructing Winter Street Bridge. Plan Date: March 4, 2010, Revised January 10, 2011, SCALE: 1” = 20’ prepared by SMC, INC., to be recorded, Plan book _____ Page____,
herewith and made a part of this taking and a copy to be filed in the office of the Survey Department, Gardner Massachusetts. The above referenced Temporary Construction Easement shall expire upon completion of construction or after 5 years, whichever is less.
And as the property is already owned by the City of Gardner, no damages have been awarded.
EXHIBIT A
The following described parcels of land are to be taken in conjunction with the reconstruction of Winter Street Bridge No. G-01-017, Parcel 1-T to be taken in fee, Parcel CD-1 to be taken as a Permanent Drainage Easement, Parcels GR-1 and GR-2 to be taken as Permanent Guard Rail Easements and Parcels TE-1, TE-2 and TE-3 to be taken as Temporary Easements for construction purposes.
Parcel CD-1
A Parcel of land, now or formerly owned by the City of Gardner, situated easterly of the easterly side of Winter Street, in Gardner, MA, shown as Parcel CD-1 on a Plan of Road in The City of Gardner, MA, Showing The Location of a Taking and Easements for the Purpose of Reconstructing Winter Street Bridge G-01-017, at a scale of 1”=20’ in 1 sheet, dated January 10, 2011, and prepared by Surveying and Mapping Consultants, Drawing No. F13265FP1.dwg, which Parcel CD-1 is more particularly bounded and described as follows:
BEGINNING at the northeasterly corner of Parcel 1-T hereinabove described, said point bearing N 88 31' 35" E, 23.27 feet distant from station 20+76.98 of Winter Street Baseline, as shown on the above described Plan of Road;
THENCE RUNNING on the aforesaid City of Gardner land,
N 77 36’ 56" E, 57.76 feet to a point,
S 20 09' 14" E, 55.19 feet to a point;
S 69 50' 46" W, 58.44 feet to a point;
N 71 18' 16" W, 5.00 feet to a point, said point bearing N 83 45’ 15” E, 32.63 feet distant from station 21+38.25 of said Winter Street Baseline,
N 48 20' 50" W, 18.01 feet to a point, and
N 02 57' 30" W, 46.05 feet to the point and place of beginning.
Said Parcel CD-1 comprises an area of 3,840 square feet, more or less.
Parcel GR-1
A Parcel of land, now or formerly owned by the City of Gardner, situated on the westerly side of Winter Street, in Gardner, MA, shown as Parcel GR-1on a Plan of Road in The City of Gardner, MA, Showing The Location of a Taking and Easements for the Purpose of Reconstructing Winter Street Bridge G-01-017, at a scale of 1”=20’ in 1 sheet, dated January 10, 2011, and prepared by Surveying and Mapping Consultants, Drawing No. F13265FP1.dwg, which Parcel GR-1 is more particularly bounded and described as follows:
BEGINNING at a point in the westerly sideline of the aforesaid Winter Street, said point bearing S 88 46' 58" W, 11.74 feet distant from station 20+53.79 of Winter Street Baseline, as shown on the above described Plan of Road;
THENCE RUNNING on said westerly sideline of Winter Street,
Southerly, 45 feet, more or less, to a point, and
Southerly, 5 feet, more or less, to a point bearing S 83 45' 15" W, 17.33 feet distant from station 21+01.13 of said Winter Street Baseline;
THENCE TURNING AND RUNNING on the aforesaid City of Gardner land,
N 1512' 24" W, 35.64 feet to a point,
N 2828' 33" E, 17.64 feet to a point, and
S 8646' 58" E, 3.14 feet to the point and place of beginning.
Said Parcel GR-1 comprises an area of 282 square feet, more or less.
Parcel GR-2
A Parcel of land, now or formerly owned by the City of Gardner, situated on the easterly side of Winter Street, in Gardner, MA, shown as Parcel GR-2 on a Plan of Road in The City of Gardner, MA, Showing The Location of a Taking and Easements for the Purpose of Reconstructing Winter Street Bridge G-01-017, at a scale of 1”=20’ in 1 sheet, dated January 10, 2011, and prepared by Surveying and Mapping Consultants, Drawing No. F13265FP1.dwg, which Parcel GR-2 is more particularly bounded and described as follows:
BEGINNING at a point in the easterly sideline of the aforesaid Winter Street, said point bearing N 72 24' 32" E, 20.92 feet distant from station 22+38.88 of Winter Street Baseline, as shown on the above described Plan of Road;
THENCE RUNNING on the aforesaid City of Gardner land,
S 30 12’ 04” E, 65.85 feet to a point on the said easterly sideline of Winter Street,
said point bearing N 46 34’ 14” E, 20.55 feet distant from station 23+14.64 of said Winter Street Baseline,
THENCE TURNING AND RUNNING on the aforesaid easterly sideline of Winter Street,
Northwesterly, 35 feet more or less, to a point, and
Northwesterly, 33 feet more or less, to the point and place of beginning.
Said Parcel GR-2 comprises an area of 270 square feet, more or less.
Parcel TE-1
A Parcel of land, now or formerly owned by the City of Gardner, situated easterly of the easterly side of Winter Street, in Gardner, MA, shown as Parcel TE-1 on a Plan of Road in The City of Gardner, MA, Showing The Location of a Taking and Easements for the Purpose of Reconstructing Winter Street Bridge G-01-017, at a scale of 1”=20’ in 1 sheet, dated January 10, 2011, and prepared by Surveying and Mapping Consultants, Drawing No. F13265FP1.dwg, which Parcel TE-1 is more particularly bounded and described as follows:
BEGINNING at an easterly corner of Parcel 1-T hereinabove described, said point bearing N 83 45' 15" E, 32.63 feet distant from station 21+38.25 of Said Winter Street Baseline, as shown on the above described Plan of Road;
THENCE RUNNING on the aforesaid City of Gardner land,
S 71 18’ 16" E, 5.00 feet to a point,
N 6950' 46" E, 12 feet, more or less, to a point;
Southerly, 86 feet, more or less, to a point,
Southwesterly, 19 feet, more or less to a point, and
N 06 27' 21" W, 96.27 feet to the point and place of beginning.
Said Parcel TE-1 comprises an area of 1,425 square feet, more or less.
Parcel TE-2
A Parcel of land, now or formerly owned by the City of Gardner, situated on the westerly side of Winter Street, in Gardner, MA, shown as Parcel TE-2 on a Plan of Road in The City of Gardner, MA, Showing The Location of a Taking and Easements for the Purpose of Reconstructing Winter Street Bridge G-01-017, at a scale of 1”=20’ in 1 sheet, dated January 10, 2011, and prepared by Surveying and Mapping Consultants, Drawing No. F13265FP1.dwg, which Parcel TE-2 is more particularly bounded and described as follows:
BEGINNING at a point in the westerly sideline of the aforesaid Winter Street, said point bearing S 83 45' 15" E, 17.33 feet distant from station 21+01.13 of Winter Street Baseline, as shown on the above described Plan of Road;
THENCE RUNNING on said westerly sideline of Winter Street,
Southerly, 61 feet, more or less to a point at or near a stone bound with drill hole, said point bearing S 83 45’ 15” W, 20.31 feet distant from station 21+62.61 of said Winter Street Baseline, and
Southeasterly, 105 feet, more or less, to a point, said point bearing S 64 56’ 03” W,
22.61 feet distant from station 22+60.80 of said Winter Street Baseline;
THENCE TURNING AND RUNNING on the aforesaid City of Gardner land,
Northwesterly, 60 feet, more or less, to a point,
Southwesterly, 13 feet, more or less to a point,
Northwesterly, 49 feet, more or less, to a point,
Northeasterly, 122 feet, more or less, to a point, and
S 15 12' 24" E, 35.64 feet to the point and place of beginning.
Said Parcel TE-2 comprises an area of 5,825 square feet, more or less.
Parcel TE-3
A Parcel of land, now or formerly owned by the City of Gardner, situated on the westerly side of Winter Street, in Gardner, MA, shown as Parcel TE-3 on a Plan of Road in The City of Gardner, MA, Showing The Location of a Taking and Easements for the Purpose of Reconstructing Winter Street Bridge G-01-017, at a scale of 1”=20’ in 1 sheet, dated January 10, 2011, and prepared by Surveying and Mapping Consultants, Drawing No. F13265FP1.dwg, which Parcel TE-3 is more particularly bounded and described as follows:
BEGINNING at a point in the westerly sideline of the aforesaid Winter Street, said point bearing S 46 13' 26" W, 39.82 feet distant from station 23+15.66 of Winter Street Baseline, as shown on the above described Plan of Road;
THENCE RUNNING on the aforesaid easterly sideline of Winter Street,
Southeasterly, 45 feet, more or less, to a point at or near a stone bound with drill hole, said point bearing S 44 37’ 39” W, 29.68 feet distant from station 23+44.91 of said Winter Street Baseline;
THENCE RUNNING on land now or formerly owned by the aforesaid City of Gardner,
Southeasterly, 34 feet, more or less, to a point, said point bearing S 44 37’ 39” W,
19.13 feet distant from station 23+76.74 of said Winter Street Baseline;
THENCE TURNING AND RUNNING on said City of Gardner land,
Southwesterly, 10 feet, more or less, to a point, and
Northwesterly, 65 feet, more or less, to the point and place of beginning.
Said Parcel TE-3 comprises an area of 339 square feet, more or less.
Parcel 1-T
A Parcel of land, now or formerly owned by the City of Gardner, situated on the easterly side of Winter Street, in Gardner, MA, shown as Parcel 1-T on a Plan of Road in The City of Gardner, MA, Showing The Location of a Taking and Easements for the Purpose of Reconstructing Winter Street Bridge No. G-01-017, at a scale of 1”=20’ in 1 sheet, dated January 10, 2011, and prepared by Surveying and Mapping Consultants, Drawing No. F13265FP1.dwg, which Parcel 1-T is more particularly bounded and described as follows:
BEGINNING at a point in the easterly sideline of the aforesaid Winter Street, said point bearing N 88 31' 15" E, 19.74 feet distant from station 20+76.98 of Winter Street Baseline, all as shown on the above described Plan of Road;
THENCE RUNNING on said City of Gardner land,
N 88 31' 35" E, 3.53 feet to a point,
S 02 57' 30" E, 46.05 feet to a point,
S 48 20' 50" E, 18.01 feet to a point, said point bearing N 83 45’ 15” E, 32.63 feet distant from station 21+38.25 of said Winter Street Baseline,
S 0627' 21" E, 96.27 feet to a point, said point bearing N 71 40’ 20” E, 29.92 feet distant
From station 22+41.04 of said Winter Street Baseline, and
S 8332' 39" W, 9.19 feet to a point in the aforesaid easterly sideline of the Winter Street, said point bearing N 72 24' 32" E, 20.92 feet distant from station 22+38.88 of said Winter Street Baseline;
THENCE TURNING AND RUNNING by said easterly sideline of Winter Street,
Northwesterly, 69 feet, more or less, to a point,
Northerly, 62 feet, more or less, to a point, and
Northerly, 26 feet, more or less, to the point and place of beginning.
Said Parcel 1-T comprises an area of 1,982 square feet, more or less.
Presented to the Mayor for Approval - March 22, 2011
Approved March 22, 2011
MARK P. HAWKE, Mayor
#8551
Councillor Alice Anderson moved to amend the Council Rules by inserting new Rule 1-A, as follows:
PRESIDING OFFICER
The City Council shall annually, at its first meeting elect from among its members, a President and a Vice-President. The City Clerk, or in his/her absence, the Assistant City Clerk, shall preside at such meeting. The City Council shall by separate roll call votes, elect a President and a Vice-President.
The first order of business shall be for the City Clerk to call the roll of members. The Clerk shall then open nominations for the Presidency. Each nomination must be made and seconded. When no further nominations are received from the floor, a motion to close nominations will be in order. A majority of the full Council shall be necessary for such election.
Immediately following the election of a President, he/she shall take the chair and continue as presiding officer. The President shall then open nominations for Vice-President. Each nomination must be made and seconded. When no further nominations are received from the floor, a motion to close nominations will be in order. A majority of the full Council shall be necessary for such election.
The President of the City Council shall preside at all meetings of the City Council, regulate its proceedings and decide all questions of order. He/she shall have such other powers and duties as may be provided by charter, ordinance, rule or vote of the City Council. In the event of the absence or disability of the Council President, the Vice-President shall act as Council President. If both the President and the Vice-President are absent, the City Clerk shall call the City Council to order and preside for the selection of a President Pro Tempore.
And, be further amended by deleting from Council Rule No. 2 the following: ”In his absence a President Pro_tem shall be chosen by roll call vote.”
And, further, immediately upon passage of this Rule, the Council President shall place on the Calendar of the next regular meeting, the election of the Vice-President who, upon election, shall serve for the remainder of the calendar year.
Councillor Ronald Cormier seconded the motion.
Councillor Edward Gravel addressed the Council from a prepared statement (attached).
Councillor James Robinson spoke in favor of creating the position, stating it would establish a line of succession and negate the need to call a special meeting [to elect a President Pro-tem] in the event the Mayor and Council President are away from the City at the same time. He added both business and the military have established chains of command and the addition of a Vice-President would not cost the City any money, as the Vice-President would not be paid more than the other Councillor.
Councillor Joshua Cormier objected to the creation of the position of Vice President, stating there is a provision in place to elect a President Pro-tem in an emergency situation [to assume the position of Acting Mayor]. In his tenure on the Council, “there has never been a time when both the Mayor and Council President have been out of town at the same time”. He added as a business person, it wouldn’t make sense for both the manager and assistant manager to take a vacation at the same time. “It doesn’t happen”, he stated.
Councillor Patrick Gerry objected to the creation of the position of Vice President as it would create further inequality on the Council, “further aggrandizing the position of Councillor”. He questioned the legality of creating such a position as it is not in the City Charter.
Councillor David Boudreau spoke in favor of creating the position as it is his experience in business that the presence of a Vice-President would afford the Mayor and Council President the freedom to leave the City to solicit business. He added similar sized cities have the position of Vice-President.
Councillor Henry Ares stated that in his twenty plus years on the Council, it wasn’t thought of before. He agreed with Councillor Joshua Cormier that a Vice-President isn’t needed.
On show of hands, five (5) yeas, President Neil Janssens and Councillors Alice Anderson, David Boudreau, Ronald Cormier, and James Robinson, Jr.; five (5) nays, Councillors Henry Ares, Joshua Cormier, Patrick Gerry, Edward Gravel and Scott Graves; one (1) absent, Councillor James Minns, the motion was defeated for failure to receive the requisite two-thirds majority (8/11), as required by Council Rule No. 20.
#8546
On a motion by Councillor Alice Anderson, seconded by Councillor Ronald Cormier, it was voted on voice vote, eight (8) yeas, President Neil Janssens and Councillors Alice Anderson, Henry Ares, David Boudreau, Joshua Cormier, Ronald Cormier, Patrick Gerry, and James Robinson, Jr.; one (1) absent, Councillor James Minns; two (2) abstentions*, Councillors Edward Gravel and Scott Graves, to accept the provisions of Chapter 59, §5(54) of the General Laws, and 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.
*Councillors Edward Gravel and Scott Graves recused themselves from voting due to a potential conflict of interest as they own rental property and may receive a financial benefit due to a personal property exemption.
REPORTS OF STANDING COMITTEES
COUNCIL AS COMMITTEE OF THE WHOLE
#8538
On a motion by Councillor Ronald Cormier, seconded by Councillor David Boudreau, 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 remove from the Calendar Mt. Wachusett Community College’s request to acquire City-owned land on Green Street to construct dormitories. (Note: MWCC President Daniel Asquino requested the matter be removed from further consideration by the Council).
ANNOUNCEMENTS AND RECOGNITIONS
#8552
Robert J. Bettez III Eagle Scout Award
On a motion by Councillor Patrick Gerry, seconded by Councillor Edward Gravel, 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 adopt the following:
Gardner City Council
In Recognition
ROBERT J. BETTEZ III
_________
The Gardner City Council is honored to recognize Robert J. Bettez III on attaining the prestigious rank of Eagle Scout, Troop 4, Nashua Valley Council of the Boy Scouts of America. The City Council commends Mr. Bettez on his tireless efforts directing the successful refurbishment of the Bethany Christian Nursery School playground for his Eagle Scout project.
Given this the 21st day of March in the year Two Thousand Eleven
RECEPTION FOR NEW LIBRARY DIRECTOR KATHLEEN LESLIE
Councillor Ronald Cormier announced The Friends of the Levi Heywood Memorial Library invite the City Councillors and others to join them for a reception at the Library on Thursday, March 31st from 1:30 p.m. to 3:30 p.m. in honor of Kathleen Leslie’s appointment as Director the Library.
HOLY ROSARY SCHOOL GOVERNMENT WEEK ACTIVITIES
Councillor Ronald Cormier reminded Councillors of the Holy Rosary Student Government Week activities beginning Monday, March 28th at 9:30 a.m. (The complete schedule is attached to the Minutes).
UNFINISHED BUSINESS AND MATTERS FOR RECONSIDERATION
UNFINISHED BUSINESS
#8523
On a motion by Councillor Ronald Cormier, seconded by Councillor Joshua Cormier, 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 Welfare Committee for Study and Report the 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 Patrick Gerry, seconded by Councillor Edward Gravel, 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 pass and Order to Final Printing the following:
AN ORDINANCE AMENDING AN ORDINANCE ESTABLISHING THE BOUNDARIES OF THE DISTRICTS OF THE CITY WITH REGULATIONS AND RESTRICTIONS TO BE ENFORCED AND TO BE KNOWN AS THE ZONING ORDINANCE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GARDNER AS FOLLOWS:
That “An Ordinance Establishing the Boundaries of the Districts of the City with Regulations and Restrictions to be enforced and to be known as the Zoning Ordinance” (Compilation of Ordinances No. 62) adopted by the City Council December 9, 1970 and amended several times thereafter be further amended as follows:
Amend Section 1110 Enforcement the deleting the words “City Council” and inserting in place thereof the word “Mayor”.
In City Council – January 11, 2011
Ordered Printed – February 22, 2011
First Printing – February 25, 2011
Ordinance Passed – March 21, 2011
Presented to Mayor for Approval – March 22, 2011
Approved – March 22, 2011
MARK P. HAWKE, Mayor
Final Printing - March 29, 2011
#8531
On a motion by Councillor James Robinson, 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 pass and Order to Final Printing the following:
AN ORDINANCE AMENDING AN ORDINANCE ESTABLISHING THE BOUNDARIES OF THE DISTRICTS OF THE CITY WITH REGULATIONS AND RESTRICTIONS TO BE ENFORCED AND TO BE KNOWN AS THE ZONING ORDINANCE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GARDNER AS FOLLOWS:
That “An Ordinance Establishing the Boundaries of the Districts of the City with Regulations and Restrictions to be enforced and to be known as the Zoning Ordinance” (Compilation of Ordinances No. 62) adopted by the City Council December 9, 1970 and amended several times thereafter be further amended as follows:
By deleting subsection 520 GROUNDWATER PROTECTION OVERLAY DISTRICT in its entirety and inserting thereof the following:
520 GROUNDWATER PROTECTION OVERLAY DISTRICT
521 Purpose
The purpose of the Groundwater Protection Overlay District is to:
1. Promote the health, safety, and general welfare of the community by ensuring an adequate quality and quantity of drinking water for the residents, institutions, and businesses;
2. Preserve and protect existing and potential sources of drinking water supplies;
3. Conserve the natural resources of the City; and
4. Prevent temporary and permanent contamination of the environment.
522 Authority
The Groundwater Protection Overlay Districts are adopted pursuant to authority provided by M.G.L. c. 40A and the Home Rule Amendment, Article 89 of the Amendments to the Constitution of the Commonwealth.
523 Definitions
For the purposes of this Section, the following words and phrases shall be defined as follows. References to statutes and regulations shall be deemed a reference to such law or regulation as of the effective date of this Ordinance:
Aquifer: Geologic formation composed of rock, sand, or gravel that contains significant amounts of potentially recoverable water.
Automobile graveyards and junkyards: An establishment or place of business which is used, maintained, or operated for storing, keeping, buying, or selling wrecked, scrapped, ruined, or dismantled motor vehicles or motor vehicle parts, as defined in M.G.L. c.140B, s.1.
CMR: Code of Massachusetts Regulations.
Commercial fertilizers: Any substance containing one or more recognized plant nutrients which is used for its plant nutrient content and which is designed for use, or claimed to have value in promoting plant growth, except unmanipulated animal and vegetable manures, marl, lime, limestone, wood ashes, and gypsum, as defined in M.G.L. c.128, s.64.
DEP: Massachusetts Department of Environmental Protection.
Groundwater Protection Overlay District: Those land area(s) designated on a map adopted pursuant to this ordinance that provide recharge to an existing or planned public drinking water supply well. The Groundwater Protection District includes all areas designated as a Zone II and approved by the DEP.
Hazardous Material: Any substance or mixture of physical, chemical, or infectious characteristics posing a significant, actual, or potential hazard to water supplies or other hazards to human health if such substance or mixture were discharged to land or water. Hazardous materials include, without limitation: synthetic organic chemicals; petroleum products; heavy metals; radioactive or infectious wastes; acids and alkalis; solvents and thinners in quantities greater than normal household use; and all substances defined as hazardous or toxic under M.G.L. c.21C and 21E and 310 CMR 30.00.
Hazardous Waste: Any waste defined in the Massachusetts Hazardous Waste Regulations, 310 CMR Section 30.010. This includes, but is not limited to, waste oil, waste solvents, waste oil-based paint and waste pesticides.
Impervious Surface: Material or structure on, above, or below the ground that does not allow precipitation or surface water to penetrate directly into the soil.
Landfill: A facility established in accordance with a valid site assignment for the purposes of disposing solid waste into or on the land, pursuant to 310 CMR 19.006.
MGL: Massachusetts General Law
Petroleum Product: Petroleum or petroleum by-product including, but not limited to: fuel oil; gasoline; diesel; kerosene; aviation jet fuel; aviation gasoline; lubricating oils; oily sludge; oil refuse; oil mixed with other wastes; crude oils; or other liquid hydrocarbons regardless of specific gravity. Petroleum product shall not include liquefied petroleum gas including, but not limited to, liquefied natural gas, propane or butane.
Non-sanitary wastewater: Wastewater discharges from industrial and commercial facilities containing wastes from any activity other than collection of sanitary sewage including, but not limited to, activities specified in the Standard Industrial Classification (SIC) Codes set forth in 310 CMR 15.004(6).
Open Dump: A facility operated or maintained in violation of the Resource Conservation and Recovery Act (42 U.S.C. 4004(a)(b)), or state regulations and criteria for solid waste disposal.
Potential Drinking Water Sources: Areas that could provide significant potable water in the future.
Recharge Areas: Areas that collect precipitation or surface water and carry it to aquifers. Recharge areas include DEP approved Zone I, Zone II, or Zone III areas.
Septage: The liquid, solid, and semi-solid contents of privies, chemical toilets, cesspools, holding tanks, or other sewage waste receptacles. Septage does not include any material that is a hazardous waste as defined by 310 CMR 30.000.
Sludge: The solid, semi-solid, and liquid residue that results from a process of wastewater treatment or drinking water treatment. Sludge does not include grit, screening, or grease and oil which are removed at the head-works of a facility
Treatment Works: Any and all devices, processes and properties, real or personal, used in the collection, pumping, transmission, storage, treatment, disposal, recycling, reclamation, or reuse of waterborne pollutants, but not including any works receiving a hazardous waste from off the site of the works for the purpose of treatment, storage, or disposal.
Very Small Quantity Generator: Any public or private entity, other than residential, which produces less than 27 gallons (100 kilograms) a month of hazardous waste or waste oil, but not including any acutely hazardous waste as defined in 310 CMR 30.136.
Waste Oil Retention Facility: A waste oil collection facility for automobile service stations, retail outlets, and marinas which is sheltered and has adequate protection to contain a spill, seepage, or discharge of petroleum waste products in accordance with M.G.L. c.21. s.52A.
Zone I: The DEP designated protective radius around a public water system well or well-field.
Zone II: The DEP approved area of an aquifer which contributes water to a well under the most severe pumping and recharge conditions that can be realistically anticipated as defined in 310 CMR 22.00.
524 Establishment of Districts
The Groundwater Protection Overlay Districts are herein established as overlay districts and shall include all lands within the City of Gardner lying within the primary recharge areas of groundwater wells which provide existing and future public water supply. The Groundwater Protection Overlay District is described on a map entitled “City of Gardner Water Supply Protection Districts,” prepared by the Gardner Engineering Department, dated Revised January 5, 2011. The map is on file in the office of the City Engineer. Said map is hereby incorporated as part of the “Zoning Map of Gardner, Massachusetts” on file in the City Clerk’s Office.
525 Boundary Disputes
525.1 Resolution of Boundary Disputes
If the location of the District boundary in relation to a particular parcel is in doubt, resolution of boundary disputes shall be through a special permit application to the Planning Board as Special Permit Granting Authority (SPGA). Any application for a special permit for this purpose shall be accompanied by adequate documentation.
525.2 Burden of Proof
The burden of proof shall be upon the owner(s) of the land to demonstrate that the location of the District boundary with respect to a parcel(s) of land is uncertain. At the request of the owner(s), the SPGA may engage a professional engineer, hydrologist, geologist, or soil scientist to determine more accurately the boundaries of the District with respect to individual parcels of land, and may charge the owner(s) for the cost of the investigation.
525.3 Lot Divided by District Line
Where the boundary line of the Groundwater Protection Overlay District divides a lot or parcel, the requirements established by this ordinance shall apply only to the portion of the lot or parcel located within the District.
525.4 Amendment of Map
Amendments to the map of the Groundwater Protection Overlay District require City Council approval.
526 Use Regulations
The Groundwater Protection Overlay Districts are overlay districts superimposed over the underlying districts set forth in this Zoning Ordinance. Within a Groundwater Protection Overlay District, the requirements of the underlying district continue to apply, except where the requirements of the Groundwater Protection Overlay District are more stringent.
526.1 Permitted Uses
The following uses are permitted within the Groundwater Protection Overlay District, provided that all necessary permits, orders, or approvals required by local, state, or federal law are also obtained:
1. Conservation of soil, water, plants, and wildlife.
2. Outdoor recreation, nature study, boating, fishing, and hunting where otherwise legally permitted.
3. Foot, bicycle and/or horse paths, and bridges.
4. Normal operation and maintenance of existing water bodies and dams, splash boards, and other water control, supply and conservation devices.
5. Maintenance, repair, and enlargement of any existing structure, subject to applicable provisions of this ordinance
6. Residential development, subject to subject to applicable provisions of this ordinance.
7. Farming, gardening, nursery, conservation, forestry, harvesting, and grazing, subject to subject to applicable provisions of this ordinance.
8. Construction, maintenance, repair, and enlargement of drinking water supply related facilities such as, but not limited to, wells, pipelines, aqueducts, and tunnels.
9. Any use permitted in the underlying zoning, except for those uses otherwise regulated herein.
526.2 Prohibited Uses
The following uses are prohibited within the Groundwater Protection Overlay District:
1. Landfills and open dumps, as defined in 310 CMR 19.006.
2. Landfills receiving only wastewater residuals and/or septage (wastewater residuals "monofills") approved by the DEP pursuant to MGL. c. 21, § 26 through 53; MGL. c. 111, § 17; MGL. c. 83, §§ 6 and 7, and any regulations promulgated thereunder.
3. Automobile graveyards and junkyards as defined in MGL. c. 140B, § 1.
4. Stockpiling and disposal of snow or ice removed from highways and streets located outside of Zone II that contains sodium chloride, chemically treated abrasives or other chemicals used for snow and ice removal.
5. Petroleum, fuel oil and heating oil bulk stations and terminals, including, but not limited to, those listed under Standard Industrial Classification (SIC) Codes 5171 (not including liquefied petroleum gas) and 5983. SIC Codes are established by the U.S. Office of Management and Budget and may be determined by referring to the publication, Standard Industrial Classification Manual and any subsequent amendments thereto.
6. Treatment or disposal works subject to 314 CMR 5.00 for wastewater other than sanitary sewage. This prohibition includes, but is not limited to, treatment or disposal works related to activities under the Standard Industrial Classification (SIC) Codes set forth in 310 CMR 15.004(6) (Title 5), except the following:
a. the replacement or repair of an existing system(s) that will not result in a design capacity greater than the design capacity of the existing system(s); and
b. treatment works approved by the DEP designed for the treatment of contaminated ground or surface waters and operated in compliance with 314 CMR 5.05(3) or 5.05 (13); and
c. publicly owned treatment works, or POTWs.
7. Facilities that generate, treat, store or dispose of hazardous waste that are subject to MGL. c. 21C and 310 CMR 30.000, except for the following:
a. very small quantity generators, as defined by 310 CMR 30.00;
b. household hazardous waste collection centers or events operated pursuant to 310 CMR 30.390; and
c. waste oil retention facilities required by MGL. c. 21, § 52A.
8. Any floor drainage systems in existing facilities, in industrial or commercial hazardous material and/or hazardous waste process areas or storage areas, which discharge to the ground without a DEP permit or authorization. Any existing facility with such a drainage system shall be required to either seal the floor drain (in accordance with the state plumbing code, 248 CMR 10.00), connect the drain to a municipal sewer system (with all appropriate permits and pre-treatment), or connect the drain to a holding tank meeting the requirements of all appropriate DEP regulations and policies.
526.3 Uses Permitted by Special Permit
The following uses are permitted within the Groundwater Protection Overlay District by special permit from the Planning Board, when designed in accordance with the performance standards specified below, and provided that all necessary permits, orders, or approvals required by local, state, or federal law are also obtained:
1. Storage of sludge and septage, as defined in 310 CMR 32.05, when such storage is in compliance with 310 CMR 32.30 and 310 CMR 32.31.
2. Storage of sodium chloride, chemically treated abrasives or other chemicals used for the removal of ice and snow on roads, when such storage is within a structure designed to prevent the generation and escape of contaminated runoff or leachate.
3. Storage of commercial fertilizers, as defined in MGL. c. 128, § 64, when such storage is within a structure designed to prevent the generation and escape of contaminated runoff or leachate.
4. Storage of animal manures, when such storage is within a structure designed to prevent the generation and escape of contaminated runoff and leachate.
5. Storage of liquid hazardous materials, as defined in MGL. c. 21E, and/or liquid petroleum products when such storage is:
a. above ground level, and
b. on an impervious surface, and
c. either: (i) in container(s) or above-ground tank(s) within a building, or
(ii) outdoors in covered container(s) or aboveground tank(s) in an area that has a containment system designed and operated to hold either 10% of the total possible storage capacity of all containers, or 110% of the largest container's storage capacity, whichever is greater; however, these storage requirements shall not apply to the replacement of existing tanks or systems for the keeping, dispensing or storing of gasoline provided the replacement is performed in a manner consistent with state and local requirements;
6. The removal of soil, loam, sand, gravel or any other mineral substances within four feet of the historical high groundwater table elevation (as determined from monitoring wells and historical water table fluctuation data compiled by the United States Geological Survey), when the substances removed are redeposited within 45 days of removal on site to achieve a final grading greater than four feet above the historical high water mark, and except for excavations for the construction of building foundations or the installation of utility works, or wetland restoration work conducted in accordance with a valid Order of Condition issued pursuant to MGL. c. 131§ 40.
7. Land uses that result in the rendering impervious of more than 15% or 2500 square feet of any lot or parcel, whichever is greater, when a system for artificial recharge of precipitation is provided that will not result in the degradation of groundwater quality.
527 Special Permit Procedures
527.1 Special Permit Granting Authority
The Special Permit Granting Authority (SPGA) shall be the Planning Board. A special permit may be granted if the SPGA determines that the intent of this Section 520 as well as the specific criteria set forth in Section 526.3 are met. In making such determination, the SPGA shall give consideration to the simplicity, reliability, and feasibility of the control measures proposed and the degree of threat to groundwater quality which would result if the control measures failed.
527.2 Rules and Regulations
The Planning Board may adopt and from time to time amend rules and regulations which shall prescribe the size, form, content, and style of the plans and procedures for submission and approval of such special permit. These rules and regulations shall be filed with the City Clerk.
527.3 Review by Other Boards and Officials
Whenever an application for a special permit is filed with the Planning Board under this Section 520, said Board shall transmit within six (6) working days of the filing of the completed application, copies of the application, accompanying site plan, and other documentation, to the Board of Health, Conservation Commission, Building Commissioner, Director of Public Works, Fire Chief, and the City Engineer for their consideration, review, and report. The copies necessary to fulfill this requirement shall be furnished by the applicant. An application shall not be deemed complete until all copies of required information and documentation have been filed with the Planning Board. The Planning Board shall notify applicants by registered mail, within 14 days of submittal, of incomplete application status, and the applicant
shall have 14 days from the mailing of such notice to complete an application. Failure to complete an application within such time shall result in a return of all materials to the applicant, without prejudice. Reports from other boards and officials shall be submitted to the Planning Board by the date of the Public Hearing, but in any case within thirty-five (35) days of receipt of the reviewing party of all of the required materials; failure of these reviewing parties to make recommendations after having received copies of all such required materials shall be deemed a lack of opposition thereto. In the event that the Public Hearing by the Planning Board is held prior to the expiration of the 35 day period, the Planning Board shall continue the Public Hearing to permit the formal submission of reports and recommendations within that 35 day period. The Decision/Findings of the Planning Board shall contain, in writing, an explanation for any departures from the recommendations of any
reviewing party.
527.4 Submittals
All applications for a special permit shall contain the information listed below, unless waived or modified by the SPGA, with reasons therefore.
1. A site plan, submitted on 24-inch by 36-inch sheets, on a minimum scale of one inch (1") equals 40 feet, and prepared by a Registered Professional Engineer and a Registered Land Surveyor. Site plans submitted under this section shall also include the following:
a. All property lines;
b. All adjacent public streets;
c. All existing and proposed buildings, structures, parking areas, and service areas;
d. All facilities for sewage, refuse, and other waste disposal;
e. Facilities for surface water drainage, both temporary and permanent;
f. Future expansion areas;
g. Provisions to prevent contamination of groundwater by petroleum products;
h. Drainage recharge features and provisions to prevent loss of recharge;
i. Provisions to prevent soil compaction;
j. Provisions to prevent seepage from sewer pipes;
k. Location of wetlands, streams, water bodies and flood plain;
l. Existing drainage patterns;
m. Existing woodlands;
n. Areas having slopes exceeding 15%;
o. Areas to be disturbed by construction;
p. Areas where earth and other materials subject to erosion will be temporarily stockpiled;
q. Areas to be used for disposal or storage of construction debris, stones, stumps, etc. if within the District;
r. Temporary and permanent erosion control measures planned, such as sediment basins, storm water basins, diversion, rip-rap, stabilization seedings, etc.;
s. Temporary work roads to be used during projects;
t. Location and size of septic system;
u. Method to contain spillage in fuel filling areas;
2. A storm drainage plan showing:
a. Locations of drains and culverts, and names of streams, rivers, ponds or reservoirs in the City in which they flow;
b. Discharge peaks and expected velocities at drain or culvert outlets;
c. Conditions above and below outlets and expected flow velocities;
d. Supporting computations for the above;
e. A grading plan showing existing topography and planned grade along existing and/or proposed street or highway profiles.
3. A siltation and sedimentation control plan including:
a. Sediment and erosion control structures such as diversions, waterways, slope stabilization structures, sediment basins, etc., in sufficient detail to implement their installation together with referred standards for soil erosion and sediment as appropriate, and design calculations as required for each structure; Seeding and/or sodding requirements for all exposed areas including seedbed preparation, seed mixtures, lime, fertilizer and mulching requirements with referenced standards;
b. Schedule or sequence of operation with starting dates for clearing and/or grading, timing for storm drain and culvert installation, duration of exposure of soils and critical area stabilizations, both temporary and permanent. Indicate date when critical areas stabilization, paving, seeding, mulching, or sodding is to be completed; and
c. General notes for sediment control that spell out the procedures for implementing the plan.
4. The Technical Reference to be used to prepare and review site plans is “Guidelines for Soil Water conservation in Urbanizing Areas of Massachusetts,” U.S.D.A. Soil Conservation Service, Amherst, Massachusetts. Specific guidelines to be used include, but are not limited to:
a. Limit grading to only those areas actively undergoing current construction.
b. The smallest practical area of land should be exposed at one time during development.
c. Limit the length of time graded areas are exposed.
d. Provide temporary or permanent stabilization of disturbed areas at the earliest opportunity. Limit exposure to less than 60 days.
e. Retain and protect as much of the natural vegetation as possible.
f. Permanent improvements such as streets, utilities, storm sewers, vegetated waterways, and other features of the development should be scheduled for installation to the greatest extent possible before removing the vegetative cover from an area scheduled for building construction.
g. Protect all fill slopes and cut slopes exceeding five feet in height from storm run-off through the use of diversion berms, drop chutes and other acceptable means.
h. Rough-graded rights-of-way awaiting installation of utilities and/or pavement should be protected by the installation of interceptor berms across the right-of-way as to reduce the length of slope between berms to not more than 250 feet.
i. On sites where the above procedures are impractical or not acceptable where the topography permits, install sediment basins, desilting basins, or silt traps to remove sediment from runoff waters.
5. A narrative statement detailing all of the information set forth below, if applicable:
a. A complete list of all chemicals, pesticides, fuels, or other potentially hazardous materials, including but not limited to road salt or de-icing chemicals, manure, and fertilizers or soil conditioners, to be used or stored on the premises in quantities greater than associated with normal household use, accompanied by a description of the measures proposed to protect all storage containers from vandalism, corrosion, and leakage, and to provide for control of spills.
b. A description of all potentially hazardous wastes to be generated in quantities greater than associated with normal household use, accompanied by a description of the measures proposed to protect all waste storage containers from vandalism, corrosion, and leakage, and to provide for control of spills.
c. For underground or aboveground storage of hazardous materials, certification by a Registered Professional Engineer that such storage facilities or containers are (i) in compliance with all applicable federal or state regulations, (ii) in compliance with design specifications, as prepared by a Registered Professional Engineer, and (iii) are designed with secondary containment adequate to contain a spill the size of the container's total storage capacity.
d. For any proposed activity on a lot which will render more than 15 percent of the total lot area or more than 2,500 sq. ft. impervious, a system for groundwater recharge must be provided that does not degrade groundwater quality, by stormwater infiltration basins or similar system covered with natural vegetation. Dry wells shall be used only where other methods are infeasible. Such basins and wells shall be preceded by oil, grease and sediment traps to facilitate removal of contaminants.
e. For stockpiling or disposal of snow from outside the district, earth moving and alteration, storage of sludge or septage, manure storage, treatment works, and/or discharge or process wastewater, a narrative statement, prepared by a Registered Professional Engineer, assessing the impacts, if any, of the proposed activity on groundwater and surface water quality on the premises, adjacent to the premises, and on any well field(s) down gradient from the proposed activity or use, accompanied by a description of the measures proposed to protect such well fields.
528 Decision
Special permits shall be granted only if the SPGA determines, after reviewing the recommendations of the reviewing parties delineated in Section 527.3 that:
* groundwater quality resulting from on-site wastewater disposal or other operations on-site shall not fall below the more restrictive of federal or state standards for drinking water, or, if existing groundwater quality is already below those standards, on-site disposal or operations shall result in no further deterioration; and
* activities shall be designed to avoid substantial disturbance of the soils, topography, drainage, vegetation, and other water-related natural characteristics of the site to be developed.
528.1 Powers of the SPGA
The Planning Board may approve, approve with conditions, or deny an application for a special permit that is governed, in any manner, by the provisions of this Section.
528.2 No Variance
There shall be no variances granted from the regulations of the Groundwater Protection Overlay District without a written advisory report from the Gardner Board of Health.
529 Enforcement
529.1 Notice
Written notice of any violations of this ordinance shall be given by the Building Commissioner to the responsible person as soon as possible after detection of a violation or a continuing violation. Notice to the assessed owner of the property shall be deemed notice to the responsible person. Such notice shall specify the requirement or restriction violated and the nature of the violation, and may also identify the actions necessary to remove or remedy the violations and preventive measures required for avoiding future violations and a schedule of compliance. A copy of such notice shall be submitted to the Planning Board, Board of Health, Conservation Commission, City Engineer, Department of Public Works, and the Water Department.
529.2 Costs
The cost of containment, clean-up, or other action of compliance shall be borne by the owner and operator of the premises.
And be further amended by inserting subsection 560 SURFACE WATER PROTECTION OVERLAY DISTRICT as follows:
560 SURFACE WATER PROTECTION OVERLAY DISTRICT
561 Purpose
The purpose of the Surface Water Protection Overlay District is to:
1. Promote the health, safety, and general welfare of the community by ensuring an adequate quality and quantity of drinking water for the residents, institutions, and businesses;
2. Preserve and protect existing and potential sources of drinking water supplies;
3. Conserve the natural resources of the City; and
4. Prevent temporary and permanent contamination of the environment.
562 Authority
The Surface Water Protection Overlay Districts are adopted pursuant to authority provided by MGL c. 40A and the Home Rule Amendment, Article 89 of the Amendments to the Constitution of the Commonwealth.
563 Definitions
For the purposes of this Section, the following words and phrases shall be defined as follows. References to statutes and regulations shall be deemed a reference to such law or regulation as of the effective date of this Ordinance:
Automobile graveyards and junkyards: An establishment or place of business which is used, maintained, or operated for storing, keeping, buying, or selling wrecked, scrapped, ruined, or dismantled motor vehicles or motor vehicle parts, as defined in MGL c.140B, s.1.
CMR: Code of Massachusetts Regulations.
Commercial fertilizers: Any substance containing one or more recognized plant nutrients which is used for its plant nutrient content and which is designed for use, or claimed to have value in promoting plant growth, except unmanipulated animal and vegetable manures, marl, lime, limestone, wood ashes, and gypsum, as defined in MGL c.128, s.64.
DEP: Massachusetts Department of Environmental Protection.
Hazardous Material: Any substance or mixture of physical, chemical, or infectious characteristics posing a significant, actual, or potential hazard to water supplies or other hazards to human health if such substance or mixture were discharged to land or water. Hazardous materials include, without limitation: synthetic organic chemicals; petroleum products; heavy metals; radioactive or infectious wastes; acids and alkalis; solvents and thinners in quantities greater than normal household use; and all substances defined as hazardous or toxic under MGL c.21C and 21E and 310 CMR 30.00.
Hazardous Waste: Any waste defined in the Massachusetts Hazardous Waste Regulations, 310 CMR Section 30.010. This includes, but is not limited to, waste oil, waste solvents, waste oil-based paint and waste pesticides.
Impervious Surface: Material or structure on, above, or below the ground that does not allow precipitation or surface water to penetrate directly into the soil.
Landfill: A facility established in accordance with a valid site assignment for the purposes of disposing solid waste into or on the land, pursuant to 310 CMR 19.006.
MGL: Massachusetts General Law.
Petroleum Product: Petroleum or petroleum by-product including, but not limited to: fuel oil; gasoline; diesel; kerosene; aviation jet fuel; aviation gasoline; lubricating oils; oily sludge; oil refuse; oil mixed with other wastes; crude oils; or other liquid hydrocarbons regardless of specific gravity. Petroleum product shall not include liquefied petroleum gas including, but not limited to, liquefied natural gas, propane or butane.
Non-sanitary wastewater: Wastewater discharges from industrial and commercial facilities containing wastes from any activity other than collection of sanitary sewage including, but not limited to, activities specified in the Standard Industrial Classification (SIC) Codes set forth in 310 CMR 15.004(6).
Open Dump: A facility operated or maintained in violation of the Resource Conservation and Recovery Act (42 U.S.C. 4004(a)(b)), or state regulations and criteria for solid waste disposal.
Potential Drinking Water Sources: Areas that could provide significant potable water in the future.
Recharge Areas: Areas that collect precipitation or surface water and carry it to aquifers. Recharge areas include DEP approved Zone I, Zone II, or Zone III areas.
Septage: The liquid, solid, and semi-solid contents of privies, chemical toilets, cesspools, holding tanks, or other sewage waste receptacles. Septage does not include any material that is a hazardous waste as defined by 310 CMR 30.000.
Sludge: The solid, semi-solid, and liquid residue that results from a process of wastewater treatment or drinking water treatment. Sludge does not include grit, screening, or grease and oil which are removed at the head-works of a facility.
Surface Water Protection Overlay District: Those land area(s) designated on a map adopted pursuant to this ordinance that provide recharge to an existing or planned public drinking water supply well. The Surface Water Protection District includes all areas designated as a Zone A and Zone B as approved by the DEP and Zone C+.
Treatment Works: Any and all devices, processes and properties, real or personal, used in the collection, pumping, transmission, storage, treatment, disposal, recycling, reclamation, or reuse of waterborne pollutants, but not including any works receiving a hazardous waste from off the site of the works for the purpose of treatment, storage, or disposal.
Very Small Quantity Generator: Any public or private entity, other than residential, which produces less than 27 gallons (100 kilograms) a month of hazardous waste or waste oil, but not including any acutely hazardous waste as defined in 310 CMR 30.136.
Waste Oil Retention Facility: A waste oil collection facility for automobile service stations, retail outlets, and marinas which is sheltered and has adequate protection to contain a spill, seepage, or discharge of petroleum waste products in accordance with MGL c.21.s.52A.
Zone A: The land area between the surface water source and the upper boundary of the bank; AND the land area within a 400 foot lateral distance from the upper boundary of the bank of a Class A surface water source, as defined in 314 CMR 4.05(3)(a); AND the land area within a 200 foot lateral distance from the upper boundary of the bank of a tributary or associated surface water body.
Zone B: The land area within ½ mile of the upper boundary of the bank of a Class A surface water source, as defined in 314 CMR 4.05(3)(a), or edge of watershed, whichever is less. However, Zone B shall always include the land area within a 400-foot lateral distance from the upper boundary of the bank of the Class A surface water source.
Zone C+: The land area not within Zone A and Zone B delineated on a map entitled, “City of Gardner Water Supply Protection Districts”, prepared by the Engineering Department, dated Revised January 5, 2011.
564 Establishment of Districts
The Surface Water Protection Overlay Districts, which consist of both Zone A, Zone B and Zone C+, are herein established as overlay districts. These districts are described on a map entitled “City of Gardner Water Supply Protection Districts”, prepared for the Gardner Engineering Department, dated Revised January 5, 2011. The map is on file in the office of the City Engineer. Said map is hereby incorporated as part of the “Zoning Map of Gardner, Massachusetts” on file in the City Clerk’s Office.
565 Boundary Disputes
565.1 Resolution of Boundary Disputes
If the location of the District boundary in relation to a particular parcel is in doubt, resolution of boundary disputes shall be through a special permit application to the Planning Board as Special Permit Granting Authority (SPGA). Any application for a special permit for this purpose shall be accompanied by adequate documentation.
565.2 Burden of Proof
The burden of proof shall be upon the owner(s) of the land to demonstrate that the location of the District boundary with respect to a parcel(s) of land is uncertain. At the request of the owner(s), the SPGA may engage a professional engineer or land surveyor, or other qualified expert to determine more accurately the boundaries of the District with respect to individual parcels of land, and may charge the owner(s) for the cost of the investigation.
565.3 Lot Divided by District Line
Where the boundary line of the Surface Water Protection Overlay District divides a lot or parcel, the requirements established by this ordinance shall apply only to the portion of the lot or parcel located within the District.
565.4 Amendment of Map
Amendments to the map of the Surface Water Protection Overlay District require City Council approval.
566 Use Regulations
The Surface Water Protection Overlay Districts are overlay districts superimposed over the underlying districts set forth in this Zoning Ordinance. Within a Surface Water Protection Overlay District, the requirements of the underlying district continue to apply, except where the requirements of the Surface Water Protection Overlay District are more stringent.
566.1 Prohibited Uses in Zones A, B and C+
The following uses are prohibited within Zone A, Zone B and Zone C+ of the Surface Water Protection Overlay District:
1. Facilities that, through their acts or processes, generate, treat, store or dispose of hazardous waste that is subject to MGL.c.21C and 310 CMR 30.000, except for the following:
a. Very small quantity generators, as defined by 310 CMR 30.000; and
b. Treatment works approved by the Department designed in accordance with 314 CMR 5.00 for the treatment of contaminated ground or surface waters.
2. Uncovered or uncontained storage of fertilizers;
3. Uncovered or uncontained storage of road or parking lot de-icing and sanding materials;
4. Storage or disposal of snow or ice, removed from highways and streets outside the Zone A, that contains deicing chemicals;
5. Uncovered or uncontained storage of manure;
6. Junk and salvage operations;
7. Above-ground storage of liquid hazardous material as defined in MGL. c. 21E, or liquid propane or liquid petroleum products, except as follows:
a. The storage is incidental to normal household use, outdoor maintenance, or the heating of a structure; use of emergency generators; a response action conducted or performed in accordance with MGL c. 21E and 310 CMR 40.000 and which is exempt from a ground water discharge permit pursuant to 314 CMR 5.05(14); and
b. The storage is either in container(s) or above-ground tank(s) within a building, or outdoors in covered container(s) or above-ground tank(s) in an area that has a containment system designed and operated to hold either 10% of the total possible storage capacity of all containers, or 110% of the largest container's storage capacity, whichever is greater. However, these storage requirements do not apply to the replacement of existing tanks or systems for the keeping, dispensing or storing of gasoline provided the replacement is performed in accordance with applicable state and local requirements.
8. Treatment or disposal works subject to 314 CMR 3.00 or 5.00, except the following:
a. The replacement or repair of an existing treatment or disposal works that will not result in a design capacity greater than the design capacity of the existing treatment or disposal works;
b. Treatment or disposal works for sanitary sewage if necessary to treat existing sanitary sewage discharges in non-compliance with 310 CMR 15.000: The State Environmental Code, Title 5: Standard Requirements for the Siting, Construction, Inspection, Upgrade and Expansion of On-site Sewage Treatment and Disposal Systems and for the Transport and Disposal of Septage, provided the facility owner demonstrates to the Department's satisfaction that there are no feasible siting locations outside of the Zone A. Any such facility shall be permitted in accordance with 314 CMR 5.00 and shall be required to disinfect the effluent. The Department may also require the facility to provide a higher level of treatment prior to discharge;
c. Treatment works approved by the DEP designed for the treatment of contaminated ground or surface waters and operated in compliance with 314 CMR 5.05(3) or 5.05(13); and
d. Discharge by public water system of waters incidental to water treatment processes.
566.2 Uses Prohibited in Zone A but Allowed by Special Permit in Zone B and C+
1. Sand and gravel excavation operations;
2. Motor vehicle repair operations;
3. Cemeteries (human and animal) and mausoleums;
4. Solid waste combustion facilities or handling facilities as defined at 310 CMR 16.00;
5. Land uses that result in the rendering impervious of more than 15%, or more than 20% with artificial recharge, or 2500 square feet of any lot, whichever is greater;
6. Commercial outdoor washing of vehicles, commercial car washes; and
7. All underground storage tanks.
567 Special Permit Procedures
567.1 Special Permit Granting Authority
The Special Permit Granting Authority (SPGA) shall be the Planning Board. A special permit may be granted if the SPGA determines that the intent of this Section 560 as well as the specific criteria set forth in Section 567 is met. In making such determination, the SPGA shall give consideration to the simplicity, reliability, and feasibility of the control measures proposed and the degree of threat to surface water quality which would result if the control measures failed.
567.2 Rules and Regulations
The Planning Board may adopt and from time to time amend rules and regulations which shall prescribe the size, form, content, and style of the plans and procedures for submission and approval of such special permit. These rules and regulations shall be filed with the City Clerk.
567.3 Review by Other Boards and Officials
Whenever an application for a special permit is filed with the Planning Board under this Section 560, said Board shall transmit within six (6) working days of the filing of the completed application, copies of the application, accompanying site plan, and other documentation, to the Board of Health, Conservation Commission, Building Commissioner, Director of Public Works, Fire Chief, and the City Engineer for their consideration, review, and report. The copies necessary to fulfill this requirement shall be furnished by the applicant. An application shall not be deemed complete until all copies of required information and documentation have been filed with the Planning Board. The Planning Board shall notify applicants by registered mail, within 14 days of submittal, of incomplete application status, and the applicant
shall have 14 days from the mailing of such notice to complete an application. Failure to complete an application within such time shall result in a return of all materials to the applicant, without prejudice. Reports from other boards and officials shall be submitted to the Planning Board by the date of the Public Hearing, but in any case within thirty-five (35) days of receipt of the reviewing party of all of the required materials; failure of these reviewing parties to make recommendations after having received copies of all such required materials shall be deemed a lack of opposition thereto. In the event that the Public Hearing by the Planning Board is held prior to the expiration of the 35 day period, the Planning Board shall continue the Public Hearing to permit the formal submission of reports and recommendations within that 35 day period. The Decision/Findings of the Planning Board shall contain, in writing, an explanation for any departures from the recommendations of any
reviewing party.
567.4 Submittals
All applications for special permits shall contain the information listed below, unless waived or modified by the SPGA, with reasons therefore.
1. A site plan, submitted on 24-inch by 36-inch sheets, on a minimum scale of one inch (1") equals 40 feet, and prepared by a Registered Professional Engineer and a Registered Land Surveyor. Site plans submitted under this section shall also include the following:
a. All property lines:
b. All adjacent public streets;
c. All existing and proposed buildings, structures, parking areas, and service areas;
d. All facilities for sewage, refuse, and other waste disposal;
e. Facilities for surface water drainage, both temporary and permanent;
f. Future expansion areas;
g. Provisions to prevent contamination of surface water by petroleum products;
h. Drainage recharge features and provisions to prevent loss of recharge;
i. Provisions to prevent soil compaction;
j. Provisions to prevent seepage from sewer pipes;
k. Location of wetlands, streams, water bodies and flood plain;
l. Existing drainage patterns;
m. Existing woodlands;
n. Areas having slopes exceeding 15%;
o. Areas to be disturbed by construction;
p. Areas where earth and other materials subject to erosion will be temporarily stockpiled;
q. Areas to be used for disposal or storage of construction debris, stones, stumps, etc. if within the District;
r. Temporary and permanent erosion control measures planned, such as sediment basins, storm water basins, diversion, rip-rap, stabilization seeding, etc.;
s. Temporary work roads to be used during projects;
t. Location and size of septic system; and
u. Method to contain spillage in fuel filling areas.
2. A storm drainage plan showing:
a. Locations of drains and culverts, and names of streams, rivers, ponds or reservoirs in the City in which they flow;
b. Discharge peaks and expected velocities at drain or culvert outlets;
c. Conditions above and below outlets and expected flow velocities;
d. Supporting computations for the above; and
e. A grading plan showing existing topography and planned grade along existing and/or proposed street or highway profiles.
3. A siltation and sedimentation control plan including:
a. Sediment and erosion control structures such as diversions, waterways, slope stabilization structures, sediment basins, etc., in sufficient detail to implement their installation together with referred standards for soil erosion and sediment as appropriate, and design calculations as required for each structure; Seeding and/or sodding requirements for all exposed areas including seedbed preparation, seed mixtures, lime, fertilizer and mulching requirements with referenced standards;
b. Schedule or sequence of operation with starting dates for clearing and/or grading, timing for storm drain and culvert installation, duration of exposure of soils and critical area stabilizations, both temporary and permanent. Indicate date when critical areas stabilization, paving, seeding, mulching, or sodding is to be completed; and
c. General notes for sediment control that spell out the procedures for implementing the plan.
4. The Technical Reference to be used to prepare and review site plans is “Guidelines for Soil and Water Conservation in Urbanizing Areas of Massachusetts,” U.S.D.A. Soil Conservation Service, Amherst, Massachusetts. Specific guidelines to be used include, but are not limited to:
a. Limit grading to only those areas actively undergoing current construction;
b. The smallest practical area of land should be exposed at one time during development;
c. Limit the length of time graded areas are exposed;
d. Provide temporary or permanent stabilization of disturbed areas at the earliest opportunity. Limit exposure to less than 60 days;
e. Retain and protect as much of the natural vegetation as possible;
f. Permanent improvements such as streets, utilities, storm sewers, vegetated waterways, and other features of the development should be scheduled for installation to the greatest extent possible before removing the vegetative cover from an area scheduled for building construction;
g. Protect all fill slopes and cut slopes exceeding five feet in height from storm run-off through the use of diversion berms, drop chutes and other acceptable means;
h. Rough-graded rights-of-way awaiting installation of utilities and/or pavement should be protected by the installation of interceptor berms across the right-of-way as to reduce the length of slope between berms to not more than 250 feet; and
i. On sites where the above procedures are impractical or not acceptable where the topography permits, install sediment basins, desilting basins, or silt traps to remove sediment from runoff waters.
5. A narrative statement detailing all of the information set forth below, if applicable:
a. A complete list of all chemicals, pesticides, fuels, or other potentially hazardous materials, including but not limited to road salt or de-icing chemicals, manure, and fertilizers or soil conditioners, to be used or stored on the premises in quantities greater than associated with normal household use, accompanied by a description of the measures proposed to protect all storage containers from vandalism, corrosion, and leakage, and to provide for control of spills.
b. A description of all potentially hazardous wastes to be generated in quantities greater than associated with normal household use, accompanied by a description of the measures proposed to protect all waste storage containers from vandalism, corrosion, and leakage, and to provide for control of spills.
c. For underground or aboveground storage of hazardous materials, certification by a Registered Professional Engineer that such storage facilities or containers are (i) in compliance with all applicable federal or state regulations, (ii) in compliance with design specifications, as prepared by a Registered Professional Engineer, and (iii) are designed with secondary containment adequate to contain a spill the size of the container's total storage capacity.
d. For any proposed activity on a lot which will render more than 15 percent of the total lot area or more than 2,500 sq. ft. impervious, a system for groundwater recharge must be provided that does not degrade surface water quality, by stormwater infiltration basins or similar system covered with natural vegetation. Dry wells shall be used only where other methods are infeasible. Such basins and wells shall be preceded by oil, grease and sediment traps to facilitate removal of contaminants.
e. For stockpiling or disposal of snow from outside the district, earth moving and alteration, storage of sludge or septage, manure storage, treatment works, and/or discharge or process wastewater, a narrative statement, prepared by a Registered Professional Engineer, assessing the impacts, if any, of the proposed activity on surface water and surface water quality on the premises, adjacent to the premises, and on any well field(s) down gradient from the proposed activity or use, accompanied by a description of the measures proposed to protect such well fields.
568 Decision
Special permits shall be granted only if the SPGA determines, after reviewing the recommendations of the reviewing parties delineated in Section 567.3 that:
- surface water quality resulting from on-site wastewater disposal or other operations on-site shall not fall below the more restrictive of federal or state standards for drinking water, or, if existing surface water quality is already below those standards, on-site disposal or operations shall result in no further deterioration; and
- activities shall be designed to avoid substantial disturbance of the soils, topography, drainage, vegetation, and other water-related natural characteristics of the site to be developed.
568.1 Powers of the SPGA
The Planning Board may approve, approve with conditions, or deny an application for a special permit that is governed, in any manner, by the provisions of this Section.
568.2 No Variance
There shall be no variances granted from the regulations of the Surface Water Protection Overlay District without a written advisory report from the Gardner Board of Health.
569 Miscellaneous Provisions
569.1 Relation to Groundwater Protection Overlay Districts
In those instances where a surface water supply is located near a groundwater well, the Zone A, Zone B and Zone C+ established herein and the Zone II established to protect the wellhead in Section 520 may overlap one another. In such cases of overlap, the more stringent regulation shall apply.
569.2 Notice of Enforcement
Written notice of any violations of this ordinance shall be given by the Building Commissioner to the responsible person as soon as possible after detection of a violation or a continuing violation. Notice to the assessed owner of the property shall be deemed notice to the responsible person. Such notice shall specify the requirement or restriction violated and the nature of the violation, and may also identify the actions necessary to remove or remedy the violations and preventive measures required for avoiding future violations and a schedule of compliance. A copy of such notice shall be submitted to the Planning Board, Board of Health, Conservation Commission, City Engineer, Department of Public Works, and the Water Department.
569.3 Costs
The cost of containment, clean-up, or other action of compliance shall be borne by the owner and operator of the premises.
In City Council – January 11, 2011
Ordered Printed – February 22, 2011
First Printing – February 25, 2011
Ordinance Passed – March 21, 2011
Presented to Mayor for Approval – March 22, 2011
Approved – March 22, 2011
MARK P. HAWKE, Mayor
Final Printing - March 29, 2011
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.
PRIVATE WAY BETTERMENT AD-HOC COMMITTEE
Councillor David Boudreau announced the Mayor’s Betterment Ad-hoc Committee recently met and he and DPW Director Dane Arnold were elected Co-Chairs. He added the Committee’s next meeting is scheduled for Monday, March 28th at 4:30 p.m. in the Council Chambers.
INOPERABLE STREET LIGHTS
Councillor Joshua Cormier stated he was approached by constituents who encountered inoperable street lights, advising them to report the condition to NATIONAL GRID through its website.
MARY KATHERINE LEWIS BURKE 100TH BIRTHDAY
Councillor Joshua Cormier extended congratulations to Gardner resident Mary Katherine Lewis Burke on the occasion of her 100th birthday.
ORDINANCE CODIFICATION
Councillor Alice Anderson informed the Council that General Code, the contractor preparing the City’s Code (of Ordinances), will present the Organizational Analysis to the City Clerk by the end of the month, adding the project is on schedule.
THE GARDNER MUSEUM’S 2011 “FESTIVAL OF TREES”
President Janssens announced The Gardner Museum’s annual “Festival of Trees’ will be open to the public from November 10th to December 3rd, with the “invitation only” kickoff on November 9, 2011.
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 8:08 o’clock p.m. after recitation of the Closing Prayer.
Accepted by the City Council:
| 