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Monday evening, April 4, 2011. Regular Meeting of the City Council held in the Council Chambers, City Hall.~ Meeting called to order by City Clerk Alan Agnelli at 7:30 o’clock p.m.
Roll call taken – Ten (10) members present, Councillors Alice Anderson, Henry Ares, David Boudreau, Joshua Cormier, Ronald Cormier, Patrick Gerry, Edward Gravel, Scott Graves, James Minns and James Robinson, Jr.; one (1) absent, President Neil Janssens.
The City Clerk read aloud the following:
Any person may make a video or audio recording of the open session of this meeting so long as it does not interfere with the conduct of the meeting.~ All documents and exhibits used or referenced at this meeting shall be submitted in duplicate to the City Clerk, as they become part of the minutes of the meeting. Is there anyone present who will be recording this meeting?
Sam Bonacci, Reporter for The Gardner News, announced plans to audio record the meeting. The City Clerk informed the Council, where no objections were raised as to the manner and/or location of recording.
ELECTION OF PRESIDENT PRO-TEMPORE
The City Clerk announced nominations were in order for the election of a President Pro-Tempore, due to the absence of President Neil Janssens.
Councillor Ronald Cormier nominated Councillor Alice Anderson. Councillor James Robinson seconded the nomination.
On a motion by Councillor Henry Ares, seconded by Councillor James Minns, it was voted on voice vote, ten (10) yeas, Councillors Alice Anderson, Henry Ares, David Boudreau, Joshua Cormier, Ronald Cormier, Patrick Gerry, Edward Gravel, Scott Graves, James Minns and James Robinson, Jr.; one (1) absent, President Neil Janssens, to close nominations.
On voice vote, ten (10) yeas, Councillors Alice Anderson, Henry Ares, David Boudreau, Joshua Cormier, Ronald Cormier, Patrick Gerry, Edward Gravel, Scott Graves, James Minns and James Robinson, Jr.; one (1) absent, President Neil Janssens, Councillor Alice Anderson was elected President Pro-tempore.
President Pro-Tempore Alice Anderson assumed the Chair.
The Opening Prayer was recited in unison.
The Pledge of Allegiance was recited in unison.
ACCEPTANCE OF MINUTES
On a motion by Councillor Joshua Cormier, seconded by Councillor Edward Gravel, it was voted on voice vote, ten (10) yeas, Councillors Alice Anderson, Henry Ares, David Boudreau, Joshua Cormier, Ronald Cormier, Patrick Gerry, Edward Gravel, Scott Graves, James Minns and James Robinson, Jr.; one (1) absent, President Neil Janssens to accept the Minutes of the Regular Meeting of March 21, 2011, as written.
COMMUNICATIONS FROM THE MAYOR
APPOINTMENTS
#8553
On a motion by Councillor James Robinson, seconded by Councillor Henry Ares, it was voted on voice vote, nine (9) yeas, Councillors Alice Anderson, Henry Ares, David Boudreau, Joshua Cormier, Ronald Cormier, Patrick Gerry, Scott Graves, James Minns and James Robinson, Jr.; one (1) nay, Councillor Edward Gravel; one (1) absent, President Neil Janssens, to confirm the following appointment received from the Mayor:
duncan burns to the position of Member, Conservation Commission, for term expiring March 17, 2014.
#8554
On a motion by Councillor James Minns, seconded by Councillor Ronald Cormier, it was voted on voice vote, nine (9) yeas, Councillors Alice Anderson, Henry Ares, David Boudreau, Joshua Cormier, Ronald Cormier, Patrick Gerry, Scott Graves, James Minns and James Robinson, Jr.; one (1) nay, Councillor Edward Gravel; one (1) absent, President Neil Janssens, to confirm the following appointment received from the Mayor:
MICHAEL ROY to the position of Member, Conservation Commission, for term expiring January 1, 2014.
#8555
On a motion by Councillor James Robinson, seconded by Councillor Patrick Gerry, it was voted on voice vote, ten (10) yeas, Councillors Alice Anderson, Henry Ares, David Boudreau, Joshua Cormier, Ronald Cormier, Patrick Gerry, Edward Gravel, Scott Graves, James Minns and James Robinson, Jr.; one (1) absent, President Neil Janssens to confirm the following appointment received from the Mayor:
DONALD MILLER to the position of Member, Board of Health, for term expiring January 1, 2014.
#8556
On a motion by Councillor Ronald Cormier, seconded by Councillor Edward Gravel, it was voted on voice vote, ten (10) yeas, Councillors Alice Anderson, Henry Ares, David Boudreau, Joshua Cormier, Ronald Cormier, Patrick Gerry, Edward Gravel, Scott Graves, James Minns and James Robinson, Jr.; one (1) absent, President Neil Janssens, to suspend Council Rule 9 (10-day notice) in order to act on the Appointment of Patrolman James Trifiro.
On a motion by Councillor David Boudreau, seconded by Councillor James Minns, it was voted on voice vote, ten (10) yeas, Councillors Alice Anderson, Henry Ares, David Boudreau, Joshua Cormier, Ronald Cormier, Patrick Gerry, Edward Gravel, Scott Graves, James Minns and James Robinson, Jr.; one (1) absent, President Neil Janssens to confirm the following appointment received from the Mayor (effective 3/31/2011):
PATROLMAN JAMES TRIFIRO to the position of Acting Sergeant, Police Department, for term ending upon
the appointment of a Permanent Sergeant (under Civil Service).
Worcester, ss. April 4, 2011
Then personally appeared patrolman james trifiro and made oath that he would bear true faith and allegiance to the United States of America and the Commonwealth of Massachusetts and would support the Constitution and laws thereof.
Before me,
/s/ Alan L. Agnelli, City Clerk
ORDERS
#8557
On a motion by Councillor Ronald Cormier, seconded by Councillor James Robinson, on recommendation of the Finance Committee, it was voted on roll call, ten (10) yeas, Councillors Alice Anderson, Henry Ares, David Boudreau, Joshua Cormier, Ronald Cormier, Patrick Gerry, Edward Gravel, Scott Graves, James Minns and James Robinson, Jr.; one (1) absent, President Neil Janssens to pass the following Order:
AN ORDER APPROPRIATING A SUM OF MONEY FROM SEWER SURPLUS TO INDIRECT COST REIMBURSEMENT.
ORDERED: That there be and is hereby appropriated the sum of Thirty Nine Thousand Three Hundred Seventy Eight Dollars and No Cents ($39,378.00) from Sewer Surplus to Indirect Cost Reimbursement.
Presented to the Mayor for Approval - April 5, 2011
Approved April 6, 2011
MARK P. HAWKE, Mayor
#8558
On a motion by Councillor Ronald Cormier, seconded by Councillor Joshua Cormier, on recommendation of the Finance Committee, it was voted on roll call, ten (10) yeas, Councillors Alice Anderson, Henry Ares, David Boudreau, Joshua Cormier, Ronald Cormier, Patrick Gerry, Edward Gravel, Scott Graves, James Minns and James Robinson, Jr.; one (1) absent, President Neil Janssens to pass the following Order:
AN ORDER APPROPRIATING A SUM OF MONEY FROM WATER SURPLUS TO INDIRECT COST REIMBURSEMENT.
ORDERED: That there be and is hereby appropriated the sum of Fifty Seven Thousand Eight Hundred Fifteen Dollars and No Cents ($57,815.00) from Water Surplus to Indirect Cost Reimbursement.
Presented to the Mayor for Approval - April 5, 2011
Approved April 6, 2011
MARK P. HAWKE, Mayor
#8559
On a motion by Councillor Ronald Cormier, seconded by Councillor Henry Ares, on recommendation of the Finance Committee, it was voted on roll call, ten (10) yeas, Councillors Alice Anderson, Henry Ares, David Boudreau, Joshua Cormier, Ronald Cormier, Patrick Gerry, Edward Gravel, Scott Graves, James Minns and James Robinson, Jr.; one (1) absent, President Neil Janssens to pass the following Order:
AN ORDER APPROPRIATING A SUM OF MONEY FROM INSURANCE RECOVERIES OVER $20,000 TO COUNCIL ON AGING, BUILDING REPAIRS.
ORDERED: That there be and is hereby appropriated the sum of Nine Thousand One Hundred Eighty Six Dollars and No Cents ($9,186.00) from Insurance Recoveries Over $20,000 to Council on Aging, Building Repairs.
Presented to the Mayor for Approval - April 5, 2011
Approved April 6, 2011
MARK P. HAWKE, Mayor
#8560
On recommendation of the Finance Committee, Councillor Ronald Cormier moved that the City of Gardner appropriate the sum of Fifty Thousand Dollars ($50,000.00) to pay costs of making extraordinary repairs and improvements to the golf course, including the payment of all costs associated therewith; to meet said appropriation the Treasurer, with the approval of the Mayor, is authorized to borrow said sum under M.G.L. Chapter 44, Section 7(25), or any other enabling authority. Councillor James Minns seconded the motion.
On the motion, Councillor Ronald Cormier reported the loan is to fund the Golf Course water irrigation capital project, with both principal and interest to be paid from the Golf Course Enterprise Fund.
Councillor David Boudreau asked if the Finance Committee knew the balance in the Golf Course Capital Improvement Account and asked that the capital account expenses be provided.
Councillor Ronald Cormier stated it was his understanding the Capital Improvement Account balance was depleted due to the sewer extension project.
Councillor Joshua Cormier asked if the Loan Order had been addressed by the Public Welfare Committee.
Councillor James Robinson stated that since the Golf Course is funded through an Enterprise Fund, the City Council serves as facilitators of the budget and [accompanying] appropriations.
Councillor Scott Graves stated since the City of Gardner is the funding entity, it is appropriate that the Council further review the loan order and requested copies of the Loan documents. He then moved to refer the Loan Order to the Public Welfare Committee for Study and Report. Councillor James Robinson seconded the motion.
Councillor Patrick Gerry, Chairman of the Public Welfare Committee, stated the Committee could review the need for the capital project; however, the Loan Order would be more appropriately addressed by the Finance Committee.
On voice vote, ten (10) yeas, Councillors Alice Anderson, Henry Ares, David Boudreau, Joshua Cormier, Ronald Cormier, Patrick Gerry, Edward Gravel, Scott Graves, James Minns and James Robinson, Jr.; one (1) absent, President Neil Janssens, the motion to refer was adopted.
PETITIONS, APPLICATIONS, REMONSTRANCES, ETC.
#8561
On a motion by Councillor Ronald Cormier, seconded by Councillor Henry Ares, on recommendation of the Finance Committee, it was voted on voice vote, ten (10) yeas, Councillors Alice Anderson, Henry Ares, David Boudreau, Joshua Cormier, Ronald Cormier, Patrick Gerry, Edward Gravel, Scott Graves, James Minns and James Robinson, Jr.; one (1) absent, President Neil Janssens, to accept the provisions of General Law, Chapter 44, Section 31D, authorizing expenditures not greater than $125,000 in excess of available appropriations for snow and ice removal.
Presented to the Mayor for Approval - April 5, 2011
Approved April 6, 2011
MARK P. HAWKE, Mayor
#8562, #8563, #8564, #8565, #8566
On a motion by Councillor Joshua Cormier, seconded by Councillor Scott Graves, it was voted on voice vote, ten (10) yeas, Councillors Alice Anderson, Henry Ares, David Boudreau, Joshua Cormier, Ronald Cormier, Patrick Gerry, Edward Gravel, Scott Graves, James Minns and James Robinson, Jr.; one (1) absent, President Neil Janssens, to refer the following license applications to the Public Safety Committee for Study and Report:
8562 – Application of Spindle City Pawnbrokers, Inc., d/b/a Spindle City Precious Metals for Second Hand Article/Junk Dealer License (New).
8563 – Application of Daniel Bridgeforth, d/b/a The Gold Connection for Renewal of Second Hand Article/Junk Dealer License.
8564 – Application of Brian Tanguay, d/b/a Tanguay Jewelers for Renewal of Second Hand Article/Junk Dealer License.
8565 – Application of Life-Skills, Inc. d/b/a Chair City Thrift (formerly Closet Classics Too) for Second Hand Article/Junk Dealer License.
8566 – Application of Gardner Ten Pins, Inc. for Renewal of Bowling Alley & Billiard Table License.
#8567
On a motion by Councillor James Minns, seconded by Councillor James Robinson, it was voted on voice vote, ten (10) yeas, Councillors Alice Anderson, Henry Ares, David Boudreau, Joshua Cormier, Ronald Cormier, Patrick Gerry, Edward Gravel, Scott Graves, James Minns and James Robinson, Jr.; one (1) absent, President Neil Janssens, to place on file a communication from the Gardner Contributory Retirement System relative to an FY2012 cost-of-living adjustment for retirees.
REPORTS OF STANDING COMITTEES
PUBLIC WELFARE COMMITTEE
#8523
The Public Welfare Committee was granted more time to report on 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.”
ANNOUNCEMENT
YARD WASTE PICKUP
Councillor Edward Gravel announced there will be yard waste pick this week, Tuesday, April 5 through Friday, April 8 on the regular trash pickup day. He added residents should place all yard waste bags, open barrels or boxes with leaves, grass and all other easily raked materials at curbside with your trash barrel.~ Branches less than 2” diameter, not to exceed 3’ long may be bundled and left by your yard waste for pickup. There is no limit to the amount of yard waste bags, barrels or boxes for each household.
NEW BUSINESS
On a motion by Councillor Joshua Cormier, seconded by Councillor David Boudreau, it was voted on voice vote, ten (10) yeas, Councillors Alice Anderson, Henry Ares, David Boudreau, Joshua Cormier, Ronald Cormier, Patrick Gerry, Edward Gravel, Scott Graves, James Minns and James Robinson, Jr.; one (1) absent, President Neil Janssens, to consider NEW BUSINESS.
CRYSTAL LAKE ICE MELT CONTEST
Councillor Henry Ares announced ice is still present on Crystal Lake, so the winners of the Ice Melt Contest will not be known until all the ice has melted.
CONSTITUENT CORRESPONDENCE
Councillor Scott Graves informed the Council he receives many pieces of correspondence from constituents who identify themselves, as well as from persons who do so anonymously. He stated he maintains two separate files, one from identified persons for which he investigates the issues and addresses accordingly, and the second, which “go into the rubbish basket”. To those who send correspondence anonymously, he stated, “Don’t send it to me”.
DPW DIRECTOR’S ROAD CONDITIONS REPORT
Councillor Scott Graves stated he read with interest the March 22, 2011 Road Conditions Report from DPW Director Dane Arnold which highlighted the need for maintenance and repairs to twenty-four miles of public streets at a cost of thirteen million dollars. With the tremendous cost to bring the roads up to satisfactory condition, he stated “it will take some patience on our part until we [the City] are in a financial position to repair the roads”.
PUBLIC SAFETY COMMITTEE
Councillor Joshua Cormier, Chairman of the Public Safety Committee, reported the Committee recently met with the Fire Chief and was informed the two recently-bonded (purchased) fire trucks are due for delivery in late April and May, 2011. He added the Committee is busy and will soon be addressing an appeal of the Police Chief’s recent suspension of Smiley’s Taxi Hackney license, as well as the pending Second Hand Article/Junk Dealer and Bowling Alley/Billiard Table licenses.
JAMESON LALIBERTE FUNDRAISER
Councillor Joshua Cormier stated he recently attended a fundraiser for Jameson Laliberte and presented a Proclamation to him from the Mayor.
ADJOURNMENT
On a motion by Councillor Joshua Cormier, seconded by Councillor Edward Gravel, it was voted on voice vote, ten (10) yeas, Councillors Alice Anderson, Henry Ares, David Boudreau, Joshua Cormier, Ronald Cormier, Patrick Gerry, Edward Gravel, Scott Graves, James Minns and James Robinson, Jr.; one (1) absent, President Neil Janssens, to adjourn at 8:02 o’clock p.m. after recitation of the Closing Prayer.
Accepted by the City Council:
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