Public Safety Committee

WARD 1 COUNCILLOR PRESIDENT Elizabeth J. Kazinskas CITY OF GARDNER James M. Walsh, Esq. WARD 2 COUNCILLOR COUNCILLORS AT LARGE MASSACHUSETTS 01440-2630 Dana M. Heath James S. Boone OFFICE OF THE WARD 3 COUNCILLOR Craig R. Cormier PAUL G. TASSONE Ronald F. Cormier CITY COUNCIL Elizabeth J. Kazinskas WARD 4 COUNCILLOR Judy A. Mack Karen G. Hardern George C. Tyros WARD 5 COUNCILLOR Aleksander Dernalowicz, Esq. September 11, 2023 PUBLIC SAFETY COMMITTEE MEETING NOTICE Date: Thursday, September 14, 2023 Time: 8:00 a.m. Location: City Council Chamber, Room 219, City Hall ANNOUNCEMENT - Any person may make a video or audio recording of an open session of a meeting, or may transmit the meeting through any medium, subject to reasonable requirements of the chair as to the number, placement and operation of equipment used so as not to interfere with the conduct of the meeting. Any person intending to make such recording shall notify the Chair forthwith. All Documents referenced or used during the meeting must be submitted in duplicate to the Chair of the Committee, pursuant to the Open Meeting and Public Records Law. All documents shall become part of the official record of the meeting. I. Review and Approval of the Minutes Meeting • January 26, 2023 • March 6, 2023 II. Department Updates • Police Department • Building Department • Public Health Department • Fire Department III. 11044 – An Ordinance to Amend the Code of the City of Gardner, Chapter 306 thereof, entitled “Alcoholic Beverages,” to Add a New Section 5 thereof, entitled “Marijuana Retail Establishments” to Increase the Quota Allowed and Change the Method for Amending the Quota Allowed by the Code of the City of Gardner. (Submitted by Councillor Dana Heath; In the City Council and Referred to Public Safety Committee 8/7/2023; More Time 9/5/2023) IV. Adjournment NOTICE: The listing of Agenda items are those reasonably anticipated by the Chairman which may be discussed at the meeting. Not all items listed may in fact be discussed and other items not listed may also be brought up for discussion to the extent permitted by law. CITY COUNCIL OF GARDNER Craig R. Cormier COUNCILLOR CRAIG R. CORMIER Chairman, Public Safety Committee  CITY OF GARDNER, MASSACHUSETTS CITY COUNCIL PUBLIC SAFETY COMMITTEE MINUTES OF THE MEETING OF JANUARY 25, 2023 _____________________________________________________________________________________ Committee Chairman Councillor Craig Cormier called the Public Safety Committee meeting to order at 8:45 a.m. in the Council Chamber, Room 219, City Hall. Committee members Councillors Karen Hardern and James Boone were also present. Also present was Police Chief Eric McAvene; and Assistant City Clerk John Olivari. Committee Chairman Councillor Craig Cormier announced: Any person may make a video or audio recording of an open session of a meeting, or may transmit the meeting through any medium, subject to reasonable requirements of the chair as to the number, placement and operation of equipment used so as not to interfere with the conduct of the meeting. Any person intending to make such recording shall notify the Chair forthwith. All Documents referenced or used during the meeting must be submitted in duplicate to the Chair of the Committee, pursuant to the Open Meeting and Public Records Law. All documents shall become part of the official record of the meeting. A constituent from the audience announced that he was recording the meeting. I. Public Hearing #10861 - An Ordinance to Amend the Code of the City of Gardner, Chapter 600, Entitled “Vehicles and Traffic,” Section 42, Entitled “One Way Street.” Councillor Craig Cormier announced thrice if anyone wishes to speak in favor of the proposed ordinance amendment. Ronald Cormier, 55 Wickman Drive spoke in favor of the ordinance. Mr. Cormier is also a City Councillor. He stated that an event at Annunciation Parish Church and traffic can be difficult in that area with two way traffic. There are several mulit- family homes in the northern area of Regan Street, which also means there are multiple residents and cars parked on the road. Two-way traffic can be difficult. Other solutions purposed was one-side parking only, but it would create terrific hardship on individuals that live there. A one-way on Regan Steet would be an inconvenience to some, but for safety reasons with wintertime, snow, ice and plowing, Mr. Ronald Cormier is in favor of the ordinance amendment. Councillor Craig Cormier stated that Dennis Cormier od 218 Regan Street, submitted written testimony speaking in favor of the ordinance amendment. He has been a resident for 37 years. His letter states: “One way oftentimes, especially lower Reagan, two cars cannot pass by each other especially where there are cars parked on both sides of this narrow road. It is even worse in the winter with snowstorms. Often times this poses a safety hazard.” Page 1  CITY OF GARDNER, MASSACHUSETTS CITY COUNCIL PUBLIC SAFETY COMMITTEE MINUTES OF THE MEETING OF JANUARY 25, 2023 _____________________________________________________________________________________ Police Chief Eric McAvene spoke in favor of the ordinance amendment. He stated that “something needs to be done,” because he has witnessed vehicles having to stop to allow vehicles on the opposite end to pass. If this amendment doesn’t pass then there needs to be other options to put into consideration. Councillor Craig Cormier announced thrice if anyone wishes to speak in opposition of the proposed ordinance amendment. Jeffrey Palmier of 69 Greenwood Street spoke in opposition of the proposed ordinance amendment: • Mr. Palmieri is a former City Councillor at Large. • A few years ago, there was a petition for residents in opposition of Regan Street being a one-way. • He had some questions for the Police Chief regarding safety and wanted to know if there were any accidents or injury data history on Regan Street or if this proposed ordinance is to prevent future accidents. • Police Chief McAvene responded that he can only speak from personal experience and witnessed that there have been several complaints received. He does not have the data on him but could get the data from the Police Department. • Mr. Palmieri stated that he did not receive the abutters notice and that the information regarding the public hearing did not have enough information. Only residents on Regan Street received the notice. He is an abutter who lives at the corner of Greenwood – Moran Street. • Making Regan Street a one way will create traffic on Moran Street and some cars can’t make it up the hill in the winter. • He has spoken with 25 residents who live on Regan Street and about 13 residents who had concerns with the proposed ordinance. The residents did not want to sign his petition but expressed concerns. • After speaking with DPW Director Dane Arnold, Mr. Palmieri learned that parking on both sides of the street that has two-way traffic, there should be 36 feet. Mr. Palmieri measured the street himself and found that there is only 32 feet and stated that there should be no parking on both sides of the street, only parking on one side. • His suggested proposal is to make no parking on one side of the street. • The biggest complaint is that cars can’t get by unless someone pulls over. Robert Pelletier of 47 Regan Street spoke in opposition of the proposed ordinance. He has been a resident of Regan Street for several years and his concerns are during the school hours Page 2  CITY OF GARDNER, MASSACHUSETTS CITY COUNCIL PUBLIC SAFETY COMMITTEE MINUTES OF THE MEETING OF JANUARY 25, 2023 _____________________________________________________________________________________ when students are being dropped off and picked up. He has safety concerns during those times. The one-way street will be counterproductive with Nichols Street. Public Hearing closed at 9:05 AM. II. 10861 – An Ordinance to Amend the Code of the City of Gardner, Chapter 600, Entitled “Vehicles and Traffic,” Section 42, Entitled “One Way Street.” Councillor Karen Hardern informed the Committee that “we need to start somewhere.” It should start with making it a one-way then come back and make it parking on one side. A lot of the roads in Gardner are narrow. She spoke in favor of the proposed ordinance. Councillor James Boone appreciate the public hearing and residents attending to express their concerns. He agrees with Councillor Hardern and spoke in favor of the proposed ordinance. On a motion made by Councillor James Boone and seconded by Councillor Karen Hardern, it was voted to recommend to the City Council that the following ORDINANCE ought to pass: AN ORDINANCE TO AMEND THE CODE OF THE CITY OF GARDNER CHAPTER 600, ENTITLED “VEHICHLES AND TRAFFIC”, SECTION 42, ENTITLED “ONE WAY STREETS” BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF GARDNER AS FOLLOWS: SECTION 1: Section 42, of Chapter 600 of the Code of the City of Gardner, entitled “One Way Streets” by amended by adding the following: Name of Street Direction of Travel Location Reagan Street Northerly From Baker Street to Parker Street SECTION 2: This ordinance shall take effect upon passage and publication as required by law. III. #10882 – An Application for Motor Vehicle Dealers License, Class II, Gardner Five Star Auto Sales, 407 Chestnut Street. On a motion made by Councillor James Boone and seconded by Councillor Karen Hardern, it was voted to recommend to the City Council to APPROVE An Page 3  CITY OF GARDNER, MASSACHUSETTS CITY COUNCIL PUBLIC SAFETY COMMITTEE MINUTES OF THE MEETING OF JANUARY 25, 2023 _____________________________________________________________________________________ Application for Motor Vehicle Dealers License, Class II, Gardner Five Star Auto Sales, 407 Chestnut Street. IV. #10883 – An Application for Motor Vehicle Dealers License, Class II, Riverside Auto, 65 Riverside Road. On a motion made by Councillor Karen Hardern and seconded by Councillor James Boone, it was voted to recommend to the City Council to APPROVE An Application for Motor Vehicle Dealers License, Class II, Riverside Auto, 65 Riverside Road V. #10884 – An Application for Motor Vehicle Dealers License, Class III, Riverside Auto, 65 Riverside Road. On a motion made by Councillor James Boone and seconded by Councillor Karen Hardern, it was voted to recommend to the City Council to APPROVE an Application for Motor Vehicle Dealers License, Class III, Riverside Auto, 65 Riverside Road. VI. New Business Councillor James Boone mentioned that he would like to see security cameras placed in City Hall near the drop box, for reasons of security and safety. On a motion made by Councillor James Boone and seconded by Councillor Karen Hardern, it was voted to recommend to the Mayor to investigate placing cameras on the drop box at City Hall Councillor Craig Cormier plans to recommend to the full council more time on item #10861. Regan Street is in Ward 3 and there is no Councillor for Ward 3 at the moment. Until the seat is filled, he will be recommending more time. Adjournment On a motion Councillor Karen Hardern, and seconded by Councillor James Boone, it was voted viva voce to adjourn at 9:15 a.m. Page 4  CITY OF GARDNER, MASSACHUSETTS CITY COUNCIL PUBLIC SAFETY COMMITTEE MINUTES OF THE MEETING OF MARCH 6, 2023 _____________________________________________________________________________________ Committee Chairman Councillor Craig Cormier called the Public Safety Committee meeting to order at 8:30 a.m. in the Council Chamber, Room 219, City Hall. Committee members Councillors Karen Hardern and Paul Tassone were also present. Also present was Mayor Michael Nicholson; Deputy Police Chief Nicholas Maroni; Fire Chief Greg Lagoy; and City Clerk Titi Siriphan. I. Review and Approval of the Minutes Meeting. On a motion made by Councillor Karen Hardern and seconded by Councillor Paul Tassone, it was voted viva voce to accept the Minutes of the Public Safety Committee as printed: • May 26, 2022 • June 17, 2022 • July 29, 2022 II. Department Updates Public Health Department PREVENTION - • Upcoming wellness fair coordinated by our prevention coordinator– Wednesday March 15, 2023, 5-8pm in Perry Auditorium. Focus is on overall health and wellness. Healthy eating, fitness, yoga, alternative health options, mental health and wellbeing. There will be live demonstrations, activities, raffles, resource tables, etc. • Upcoming COVID/Shingles/Pneumonia vaccine clinic Monday 3/13 at Senior Center 12:30-5pm (MPHN Covid Response Team and CHC). Registration for Shingles/Pneumonia ends Monday the 6th, COVID walk ins are welcome. • Recycling grant report submitted in February. Based on this report we get points and ultimately grant money for recycling initiatives. • This month we will be increasing number of textile/shoe boxes at our transfer station to assist with more options for textile recycling. o BBBS pick ups last year (started in June) was 210 household pickups: o 3,360 pounds of clothing and 2,310 pounds of household items were collected. o On Friday March 3, 26 homes were visited. • We have a current vacancy at the transfer station for our part time position. The job was posted recently and we also advertised at the transfer station. Should be reviewing applicants this week. Page 1  CITY OF GARDNER, MASSACHUSETTS CITY COUNCIL PUBLIC SAFETY COMMITTEE MINUTES OF THE MEETING OF MARCH 6, 2023 _____________________________________________________________________________________ • Landfill Pumps – Have an electrician coming out this week to do some troubleshooting and maintenance work. The following week we will be having a vac truck come in to remove sediment from the sumps as sediment build up has been negatively impacting the efficiency of the pumps. • Changes were made to the MA Sanitary Code for housing inspections. Those changes go into effect April 2023. Director and Asst. Director recently attended training on those changes and updates. • Experiencing some ongoing issues with a local food establishment, we have had to close for a day and have recently issued fines for repeat food safety violations that were not addressed. • In the process of trying to hire an additional inspector for the department due to the increasing demand of housing and food inspections. HR working on the job description so we can get it posted. Food and/or housing based on candidates qualifications. • With the litter and handbills ordinance that was passed recently we have been able to start cracking down on littering. $250 ticket issued and paid last week. Also working on an illegal dumping hotline. Police Department 1. Hiring process for 6 officers underway and in various stages a. 1 new officer is academy trained and starting March 13 b. 1 officer graduating academy March 24 c. 2 in Holyoke starting April 3; others going to later academy 2. New Administrative clerk/New ACO; both started and in training 3. K9 finished drug school and back working (now dual certified) 4. Implementing a new scheduling software package 5. Community programs a. Senior Citizen’s Academy at 50 Pine in progress b. Regular Citizen’s program to start after c. Handle with Care d. DARE starting 6. Shannon Grant a. Over $49,000 b. Used to supplement gang, drug and youth violence Page 2  CITY OF GARDNER, MASSACHUSETTS CITY COUNCIL PUBLIC SAFETY COMMITTEE MINUTES OF THE MEETING OF MARCH 6, 2023 _____________________________________________________________________________________ Fire Department PERSONNEL • Two of the new Recruit Firefighters that were recently hired unfortunately had to withdraw from the Mass Fire Academy Recruit Training Program that began on January 16th. One suffered an injury, has since recovered and is scheduled to return to the Academy on March 27th. The second Recruit Firefighter had to resign due to personal reasons. • The hiring process continues, and we have selected three new candidates, they are currently wrapping up pre-employment requirements. All three should be starting work within the next few weeks. They will complete in-house training prior to attending the Fire Academy Recruit Training Program over the summer, exact dates have not yet been determined. • Another Firefighter resigned last month to accept a position with the Fitchburg Fire Department. • Overtime continues to be high, mainly due to vacant Firefighter positions and the lengthy hiring process. There is also one Firefighter that continues to be on Modified Duty. GRANTS UPDATE • New hose and nozzles have been ordered with funds from the Massachusetts FY2023 Firefighter Safety Equipment Grant, replacing equipment currently is use that dates back to the late 1980s/early 1990s. We have already taken delivery of some of the hose, the remainder is expected within a couple months. • The Fire Department submitted an application for the FY2022 FEMA Assistance to Firefighters Grant (AFG) program. The equipment requested to be funded is new fire-service rated portable radios to replace our existing 14 year old radios. The current radios are at the end of their life expectancy, hopefully grant funding will be secured to replace them. FLEET UPDATE • The new Fire apparatus purchased with ARPA funding remain scheduled for delivery of November 2023 for the Ambulance and May 2024 for the Engine and Heavy Rescue. Ordering of related new equipment for the trucks has commenced with funding approved by the Council last month. • Combination 4 (2011 Sutphen 75’ aerial ladder) has recently experienced a significant motor problem. It is currently out of service, and investigation continues by the Page 3  CITY OF GARDNER, MASSACHUSETTS CITY COUNCIL PUBLIC SAFETY COMMITTEE MINUTES OF THE MEETING OF MARCH 6, 2023 _____________________________________________________________________________________ dealer in Hartford. A determination will be made if it is feasible to repair the existing motor or attempt to locate a rebuilt replacement, which may have a lead time of several months. HEADQUARTERS ROOF REPAIR • Temporary repairs have been made. A long-term plan for the roof and/or the facility needs to be formulated. Building Department Mayor Michael Nicholson gave an update regarding the building department: • Currently working with an interim commissioner who is helping the city on a temporary basis. • Mr. Cook was the city’s former building commissioner is filling anything that needs zoning determinations and any required signatures. • Rick and Tony are doing all the inspections. • They are looking for someone who can work more hours because Mr. Cook is also a full-time inspector for the Town of Orange. • The position has been posted and will close in two weeks. • They are hoping to fill the position by the end of the month. III. #10861 - An Ordinance to Amend the Code of the City of Gardner, Chapter 600, Entitled “Vehicles and Traffic,” Section 42, Entitled “One Way Street.” On a motion made by Councillor Paul Tassone and seconded by Councillor Karen Hardern, it was voted to recommend to the City Council to have a temporary 60 day traffic change, one-way on Regan Street, with the approval from the Police Chief and additionally, a permanent “no parking” zones at the corners. IV. 10906 – An Ordinance to Amend the Code of the City of Gardner, by adding a new Chapter 502, to be entitled “Mobile Food Operations,” which Chapter Provides for the Regulations for Operating Food Truck Services in the City Mayor Nicholson informed the Committee that the City has seen an increase in Food Truck activity, particularly in the Downtown. Annual food permits, the City Code does not regulate how these facilities can operate, registration with the City, traffic enforcement or other issues that have come to light form the past year. As a way to address these issues, prepare for future growth in the City, and prevent further issues from occurring, the attached ordinance proposal is being presented. Page 4  CITY OF GARDNER, MASSACHUSETTS CITY COUNCIL PUBLIC SAFETY COMMITTEE MINUTES OF THE MEETING OF MARCH 6, 2023 _____________________________________________________________________________________ On a motion made by Councillor Paul Tassone and seconded by Councillor Karen Hardern, it was voted to recommend to the City Council that the following ORDINANCE ought to pass: AN ORDINANCE TO AMEND THE CODE OF THE CITY OF GARDNER BY ADDING A NEW CHAPTER 502 TO BE ENTITLED “MOBILE FOOD OPERATIONS,” WHICH CHAPTER PROVIDES FOR THE REGULATIONS FOR OPERATING FOOD TRUCK SERVICES IN THE CITY Be it ordained by the City Council of the City of Gardner as follows: SECTION 1: The Code of the City of Gardner be amended by creating a new Chapter 502 to be entitled “Mobile Food Operations” as follows: Chapter 502 Mobile Food Operations § 502-1. Definitions. § 502-2. Operation in Residential Districts. § 502-3. Operation in Non-Residential Districts §502-4. Registration With Police Department §502-5. Registration With Health Department §502-5. Severability §502-1 Definitions. MOBILE FOOD OPERATION A food service operation that is operated from a moveable vehicle; has the capability of changing location, and does not remain at any one location for more than forty consecutive days will all licenses under applicable law. § 500-2. Operation in Residential Districts. A. Mobile Food Operations, as defined herein, are permitted to operate in all Residential Zoning Districts by Special Permit of the Zoning Board of Appeals per the requirements of the Zoning Ordinance, and licenses under applicable law. B. Special Permit from the Zoning Board of Appeals is not required for Mobile Food Operations permitted to operate on property owned by the City of Gardner. Mobile Page 5  CITY OF GARDNER, MASSACHUSETTS CITY COUNCIL PUBLIC SAFETY COMMITTEE MINUTES OF THE MEETING OF MARCH 6, 2023 _____________________________________________________________________________________ Food Operations are permitted to operate in City Parks with a permit granted by the Director of Public Works or their designee, and licenses under applicable law. C. Mobile Food Operations may operate for one day in Residential Districts, per month, without a Special Permit from the Zoning Board of Appeals, with licenses under applicable law. § 500-3. Operation in Non-Residential Districts. A. Mobile Food Operations are permitted to operate in all other non-residential zoning districts, with a special permit granted by the Zoning Board of Appeals, and licenses under applicable law, In order to insure that the ability to maintain compliance with parking, safety and accessibility requirements of the principal uses on the site is maintained. B. Mobile Food Operations are permitted to operate in City of Gardner Parks with a permit granted by the Director of Public Works or their designee, with licenses under applicable law. C. Mobile Food Operations are permitted to operate on privately owned land if evidence of ownership, lease, or special permission from the property owner is provided to the Building Commissioner, following the issuance of a Special Permit as required by the provisions of this Chapter of the City Code. D. Mobile Food Operations may be authorized to operate on all other publicly owned land by permission of the Office of the Building Commissioner and Mayor, so long as they hold all licenses under applicable law. §502-4. Registration With Police Department A. All Mobile Food Operations, operating within the City of Gardner will be required to obtain a City of Gardner Hawkers and Peddlers License, per Chapter 428 of the Code of the City of Gardner B. Mobile Food Operations participating in City Festivals may operate without a City of Gardner Hawkers and Peddlers License if they have obtained a Hawker – Peddler License from the Commonwealth and provide a copy of this to the Chief of Police at least thirty (30) days before the event. §502-5. Registration With Health Department Page 6  CITY OF GARDNER, MASSACHUSETTS CITY COUNCIL PUBLIC SAFETY COMMITTEE MINUTES OF THE MEETING OF MARCH 6, 2023 _____________________________________________________________________________________ A. All Mobile Food Operations, operating within the City of Gardner for any period of time will be required to register with the Gardner Department of Public Health, subject to the provisions of the General Laws of the Commonwealth. §502-6. Severability A. All provisions of this article are severable. If for any reason any provision of this article is held to be invalid, the validity of the remainder of the article shall not be affected. SECTION 2: This ordinance shall take effect upon passage and publication as required by law. V. New Business Mayor Nicholson informed the Committee that there will be some free cash appropriations for a new vehicle in the Health Department. Also a new food/housing inspector hired for that department in order to meet the growth Another appropriation request that is related to this committee would be for a grants writer position. Adjournment On a motion Councillor Paul Tassone, and seconded by Councillor Karen Hardern, it was voted viva voce to adjourn at 9:02 a.m. Page 7  11044 AN ORDINANCE TO AMEND THE CODE OF THE CITY OF GARDNER, CHAPTER 306 THEREOF, ENTITLED “ALCOHOLIC BEVERAGES,” TO ADD A NEW SECTION 5 THEREOF, ENTITLED, “MARIJUANA RETAIL ESTABLISHMENTS” TO INCREASE THE QUOTA ALLOWED AND CHANGE THE METHOD FOR AMENDING THE QUOTA ALLOWED BY THE CODE OF THE CITY OF GARDNER. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GARDNER AS FOLLOWS: SECTION 1: That the Title of Chapter 306 of the Code of the City of Gardner shall be amended to state as follows: Chapter 306. Alcoholic Beverages and Marijuana SECTION 2: That the Chapter 306 of the of the Code of the City of Gardner shall be amended by adding a new Article II, entitled "Marijuana Establishments”, and a new Section 5, entitled "Number of Allowed Marijuana Retail Establishments”, immediately after the existing Section 4 of Chapter 306, as follows: Article II. Marijuana Establishments §306-5. Number of Allowed Marijuana Retail Establishments. The number of marijuana retail establishments shall not exceed 35% of liquor licenses issued in the City of Gardner for retail sale of alcoholic beverages not to be drunk on the premises where sold, said number to be rounded up to the next whole number. SECTION 3: That this ordinance take effect upon passage and publication as required by law.