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Regular Meeting of the City Council was held in the City Council Chambers, 2nd Floor, City Hall, on Tuesday evening, January 17, 2012.
CALL TO ORDER
President Alice P. Anderson called the meeting to order at 7:30 o’clock p.m.
CALL OF THE ROLL
City Clerk Alan Agnelli called the Roll of members at 7:30 p.m. Eleven (11) members were present, including President Alice Anderson and Councillors Henry Ares, Joshua Cormier, Ronald Cormier, Kim Dembrosky, Patrick Gerry, Edward Gravel, Scott Graves, Karen Hardern, James Johnson and Christine Wilson.
OPENING PRAYER
President Alice Anderson led the Council in the Opening Prayer.
PLEDGE OF ALLEGIANCE
President Alice Anderson led the Council in the “Pledge of Allegiance”.
OPEN MEETING RECORDING & PUBLIC RECORDS ANNOUNCEMENT
The President Anderson 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 Anderson informed the Council, where no objections were raised as to the manner and/or location of recording.
READING & ACCEPTANCE OF MINUTES
On a motion by Councillor Joshua Cormier, seconded by Councillor Christine Wilson, it was voted on voice vote, eleven (11) yeas, President Alice Anderson and Councillors Henry Ares, Joshua Cormier, Ronald Cormier, Kim Dembrosky, Patrick Gerry, Edward Gravel, Scott Graves, Karen Hardern, James Johnson and Christine Wilson to waive reading and to accept the Minutes of the Inaugural Exercises of January 2, 2012; Regular Meeting of January 3, 2012; and, Public Hearings of January 10, 2012, as printed.
PUBLIC HEARING
#8747
President Anderson opened the Public Hearing on the Petition of NATIONAL GRID and VERIZON NEW ENGLAND, INC. 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 the following public way:
Pearl Street – Install new pole 94-50 1,105 feet NW of Pearl Street and Suffolk Lane intersection; remove old pole 95 (1,170 feet from intersection); install pole 95-84 (1,200 feet from intersection on opposite side of street) and install new pole 95 (1,220 feet from intersection).
SPEAKING IN FAVOR: Ken Dobe, NATIONAL GRID
SPEAKING AGAINST: No one.
There being no further requests to speak on the Petition, President Anderson declared the Public Hearing closed.
On a motion by Councillor Ronald Cormier, seconded by Councillor Edward Gravel, it was voted on voice vote, eleven (11) yeas, President Alice Anderson and Councillors Henry Ares, Joshua Cormier, Ronald Cormier, Kim Dembrosky, Patrick Gerry, Edward Gravel, Scott Graves, Karen Hardern, James Johnson and Christine Wilson 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 23rd day of November 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 – Pearl Street, Gardner, MA.
No. #11697218 ……………………… Dated: November 23, 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:-
Pearl Street – Install new pole 94-50 1,105 feet NW of Pearl Street and Suffolk Lane intersection; remove old pole 95 (1,170 feet from intersection); install pole 95-84 (1,200 feet from intersection on opposite side of street) and install new pole 95 (1,220 feet from intersection).
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.
COMMUNICATIONS FROM THE MAYOR
APPOINTMENT
#8748
On a motion by Councillor Kim Dembrosky, seconded by Councillor James Johnson, it was voted on voice vote, eleven (11) yeas, President Alice Anderson and Councillors Henry Ares, Joshua Cormier, Ronald Cormier, Kim Dembrosky, Patrick Gerry, Edward Gravel, Scott Graves, Karen Hardern, James Johnson and Christine Wilson to suspend Council Rule 9, as the Appointment Certificate was not filed with the City Clerk at least 10 days prior to the Council meeting. ~~~~
On a motion by Councillor Joshua Cormier, seconded by Councillor Edward Gravel, it was voted on voice vote, eleven (11) yeas, President Alice Anderson and Councillors Henry Ares, Joshua Cormier, Ronald Cormier, Kim Dembrosky, Patrick Gerry, Edward Gravel, Scott Graves, Karen Hardern, James Johnson and Christine Wilson to confirm the following appointment received from the Mayor:
KARMEN FORRESTER to the position of Permanent Dispatcher (full-time), Gardner Police Department.
Worcester, ss. January 17, 2012
Then personally appeared KARMEN FORRESTER and made oath that she 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
#8749
On a motion by Councillor Joshua Cormier, seconded by Councillor Ronald Cormier, on recommendation of the Finance Committee, it was voted on roll call, eleven (11) yeas, President Alice Anderson and Councillors Henry Ares, Joshua Cormier, Ronald Cormier, Kim Dembrosky, Patrick Gerry, Edward Gravel, Scott Graves, Karen Hardern, James Johnson and Christine Wilson to pass the following Order:
AN ORDER TRANSFERRING FROM PERSONNEL DEPARTMENT, VIPS ACCOUNT TO RESERVE FOR ABATEMENTS 2012.
ORDERED: That there be and is hereby transferred the sum of Eight Thousand Nine Hundred Forty Six Dollars and No Cents ($8,946.00) from Personnel Department, VIPS Account to Reserve for Abatements 2012.
Presented to the Mayor for Approval – January 18, 2012
Approved January 18, 2012
MARK P. HAWKE, Mayor
#8750
On a motion by Councillor Ronald Cormier, seconded by Councillor Joshua Cormier, on recommendation of the Finance Committee, it was voted on roll call, eleven (11) yeas, President Alice Anderson and Councillors Henry Ares, Joshua Cormier, Ronald Cormier, Kim Dembrosky, Patrick Gerry, Edward Gravel, Scott Graves, Karen Hardern, James Johnson and Christine Wilson to pass the following Order:
AN ORDER APPROPRIATING FROM SEWER SURPLUS TO SEWER DEPARTMENT, I & I REMOVAL.
ORDERED: That there be and is hereby appropriated the sum of Two Hundred Thousand Dollars and No Cents ($200,000.00) from Sewer Surplus to Sewer Department, I & I Removal.
Presented to the Mayor for Approval – January 18, 2012
Approved January 18, 2012
MARK P. HAWKE, Mayor
#8751
On a motion by Councillor Ronald Cormier, seconded by Councillor Joshua Cormier, on recommendation of the Finance Committee, it was voted on roll call, eleven (11) yeas, President Alice Anderson and Councillors Henry Ares, Joshua Cormier, Ronald Cormier, Kim Dembrosky, Patrick Gerry, Edward Gravel, Scott Graves, Karen Hardern, James Johnson and Christine Wilson to pass the following Order:
AN ORDER APPROPRIATING FROM SEWER SURPLUS TO SEWER DEPARTMENT, PROFESSIONAL SERVICES.
ORDERED: That there be and is hereby appropriated the sum of Thirty Five Thousand Dollars and No Cents ($35,000.00) from Sewer Surplus to Sewer Department, Professional Services.
Presented to the Mayor for Approval – January 18, 2012
Approved January 18, 2012
MARK P. HAWKE, Mayor
#8752
On a motion by Councillor Joshua Cormier, seconded by Councillor Ronald Cormier, on recommendation of the Finance Committee, it was voted on roll call, eleven (11) yeas, President Alice Anderson and Councillors Henry Ares, Joshua Cormier, Ronald Cormier, Kim Dembrosky, Patrick Gerry, Edward Gravel, Scott Graves, Karen Hardern, James Johnson and Christine Wilson to pass the following Order:
AN ORDER APPROPRIATING FROM FREE CASH TO SURVEY, PROFESSIONAL SERVICES.
ORDERED: That there be and is hereby appropriated the sum of Twenty Thousand Dollars and No Cents ($20,000.00) from Free Cash to Survey, Professional Services.
Presented to the Mayor for Approval – January 18, 2012
Approved January 18, 2012
MARK P. HAWKE, Mayor
#8753
On a motion by Councillor Ronald Cormier, seconded by Councillor Joshua Cormier, on recommendation of the Finance Committee, it was voted on roll call, eleven (11) yeas, President Alice Anderson and Councillors Henry Ares, Joshua Cormier, Ronald Cormier, Kim Dembrosky, Patrick Gerry, Edward Gravel, Scott Graves, Karen Hardern, James Johnson and Christine Wilson to pass the following Orders:
ORDERED: That in order to reduce interest costs, the Treasurer, with the approval of the Mayor, is authorized to issue refunding bonds, at one time or from time to time, pursuant to Chapter 44, Section 21A of the General Laws, or pursuant to any other enabling authority, to refund all or any portion of the City’s general obligation bonds outstanding as of the date of adoption of this order and that the proceeds of any refunding bonds issued pursuant to this vote shall be used to pay the principal, redemption premium and interest on the bonds of the City to be refunded, and costs of issuance of the refunding bonds; and that the Treasurer is authorized to execute such documents as may be necessary or desirable to carry out this transaction, including one or more refunding trust agreements
with a bank or trust company.
ORDERED: That the Treasurer is authorized to file an application with the appropriate officials of The Commonwealth of Massachusetts (the “Commonwealth”) to qualify under Chapter 44A of the General Laws any and all bonds of the City authorized by this Council as of the date hereof, including this loan order, and to provide such information and execute such documents as such officials of the Commonwealth may require.
Presented to the Mayor for Approval – January 18, 2012
Approved January 18, 2012
MARK P. HAWKE, Mayor
ORDINANCE
#8754
On a motion by Councillor Ronald Cormier, seconded by Councillor Joshua Cormier, on recommendation of the Finance Committee, it was voted on voice vote, eleven (11) yeas, President Alice Anderson and Councillors Henry Ares, Joshua Cormier, Ronald Cormier, Kim Dembrosky, Patrick Gerry, Edward Gravel, Scott Graves, Karen Hardern, James Johnson and Christine Wilson to order the following Ordinance to First Printing:
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 VA – DEPARTMENT HEADS, the following:
POSITION 1/07/2008 1/04/2010
City Solicitor 69,500.00 50,000.00
And inserting in place thereof the following:
POSITION 1/02/2012 1/06/2014
City Solicitor 69,500.00 50,000.00
And be further amended by striking from SECTION VI-A – UNION & NON-UNION DIRECT & SUPERVISORY STAFF, the following:
POSITION 1/07/2008 1/04/2010
Assistant City Solicitor 38,416.00 27,916.00
And inserting in place thereof the following:
POSITION 1/02/2012 1/06/2014
Assistant City Solicitor 38,416.00 27,916.00
First Printing – January 24, 2012
PETITIONS, APPLICATIONS, REMONSTRANCES, ETC.
#8755
On a motion by Councillor Ronald Cormier, seconded by Councillor Edward Gravel, it was voted on voice vote, eleven (11) yeas, President Alice Anderson and Councillors Henry Ares, Joshua Cormier, Ronald Cormier, Kim Dembrosky, Patrick Gerry, Edward Gravel, Scott Graves, Karen Hardern, James Johnson and Christine Wilson to place on file a communication from Jennifer Dymek, City Grants Administrator, seeking a City Council appointee to serve on the Community Development Block Grant (CDBG) Steering Committee.
President Anderson stated if any Councillor is interested in serving as the Council’s representative on the CDBG Steering Committee, to speak with her.
#8756
On a motion by Councillor Henry Ares, seconded by Councillor James Johnson, it was voted on voice vote, eleven (11) yeas, President Alice Anderson and Councillors Henry Ares, Joshua Cormier, Ronald Cormier, Kim Dembrosky, Patrick Gerry, Edward Gravel, Scott Graves, Karen Hardern, James Johnson and Christine Wilson to place on file a communication from Dane Arnold, Public Works Director, relative to departmental operations.
#8757
On a motion by Councillor Ronald Cormier, seconded by Councillor Patrick Gerry, it was voted on voice vote, eleven (11) yeas, President Alice Anderson and Councillors Henry Ares, Joshua Cormier, Ronald Cormier, Kim Dembrosky, Patrick Gerry, Edward Gravel, Scott Graves, Karen Hardern, James Johnson and Christine Wilson to refer the City Charter Review Professional Services Proposal to the Council as Committee of the Whole for study.
REPORTS OF STANDING COMMITTEES
PUBLIC SAFETY COMMITTEE
#8694
There being no objection, the Public Safety Committee was granted more time to report on the application of Kinzer Salvage, 191 Kinzer Drive, for renewal of a Class III Used Motor Vehicle Dealers License.
#8746
There being no objection, the Public Safety Committee was granted more time to report on the application of Marco’s Motorsports, 412 Main Street, for renewal of a Class II Used Motor Vehicle Dealers License.
FINANCE COMMITTEE
#8723
There being no objection, the Finance Committee was granted more time to report on “An Ordinance Establishing an Information Technology Department”.
#8724
There being no objection, the Finance Committee was granted more time to report on “An Ordinance Amending Ordinance No. 41 – Information Technology Director’s Salary”.
UNFINISHED BUSINESS AND MATTERS FOR RECONSIDERATION
#8705, 8706, 8707
On a motion by Councillor Kim Dembrosky, seconded by Councillor Christine Wilson, it was voted on voice vote, eleven (11) yeas, President Alice Anderson and Councillors Henry Ares, Joshua Cormier, Ronald Cormier, Kim Dembrosky, Patrick Gerry, Edward Gravel, Scott Graves, Karen Hardern, James Johnson and Christine Wilson to refer the following proposed Zoning Ordinance amendments to the Public Welfare Committee for study and report:
#8705 - Zoning Ordinance – Amending Section 310, Types of Districts; Adding Section 560, Large Scale Ground Mounted Solar Photovoltaic Overlay District.
#8706 - Zoning Ordinance – Amending Section 310, Types of Districts; Adding Section 570, Route 140 Corridor Overlay District.
#8707 - Zoning Ordinance – Amending Section 5, Types of Districts; Adding Section 580, Historic Uptown Commercial Overlay District.
#8745
The Council took no action on the ordinance amendment (below), as the 10-day advance legal notice requirement was not met. The Ordinance was ordered to First Printing on 1/3/2012; however, was not published in The Gardner News until 1/16/2012.
AN ORDINANCE AMENDING RULES, ORDERS AND ORDINANCES FOR THE REGULATION OF TRAFFIC FOR THE CITY OF GARDNER, MASSACHUSETTS
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GARDNER AS FOLLOWS:
That “Rules, Orders and Ordinances for the Regulation of Traffic for the City of Gardner, Massachusetts” (Compilation of Ordinances No. 48) and amended several times thereafter, be further amended by inserting under Article VIII, Section 11 (Stop Signs), the following:
MAIN STREET: for northbound traffic entering City Hall Avenue.
NEW BUSINESS
CABLE TV ADVISORY COMMISSION
Councillor Henry Ares, Council Liaison to the Cable TV Advisory Commission, informed the Council the Commission is reactivating following several years of dormancy. He added the Commission has not met since the Mayor executed the ten-year Agreement with Comcast in 2009.
34 FRANKLIN COURT STRUCTURE FIRE
Councillors Johnson, Wilson, Gravel, and Joshua Cormier commended Gardner firefighters for their efforts in combating a structure fire at 34 Franklin Court on Sunday, January 15th. They added praise for firefighters for containing the fire to 34 Franklin Court, thereby preventing damage to abutting structures. Councillors also expressed appreciation to area fire departments for mutual aid support, as well as to building residents and others whose actions may have prevented further loss of life. Expressions of sympathy were made to the family of Leila Legere, who perished in the fire.
MBTA PUBLIC HEARINGS
President Anderson informed the Councillors that she received a communication from State Senator Jennifer Flanagan’s office relative to public hearings currently being held on proposals by the MBTA to increase fares and implement service changes. She asked the Council to support a motion to send a letter to the MBTA requesting a public hearing be held in Fitchburg to offer area commuters an opportunity to testify on the proposals.
On a motion by Councillor Karen Hardern, seconded by Councillor Edward Gravel, it was voted on voice vote, eleven (11) yeas, President Alice Anderson and Councillors Henry Ares, Joshua Cormier, Ronald Cormier, Kim Dembrosky, Patrick Gerry, Edward Gravel, Scott Graves, Karen Hardern, James Johnson and Christine Wilson to send a letter to the MBTA requesting a public hearing be held in Fitchburg to give area commuters an opportunity to testify on the proposals.
ADJOURNMENT
On a motion by Councillor Joshua Cormier, seconded by Councillor Christine Wilson, it was voted on voice vote, eleven (11) yeas, President Alice Anderson and Councillors Henry Ares, Joshua Cormier, Ronald Cormier, Kim Dembrosky, Patrick Gerry, Edward Gravel, Scott Graves, Karen Hardern, James Johnson and Christine Wilson to adjourn at 8:06 o’clock p.m.
Accepted by the City Council:
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