REGULAR MEETING IN CITY COUNCIL CONVENED:
OCTOBER 16, 2006 ABSENT: ADJOURNED:
1. Welcome ceremony for our Japanese visitors from the Student Cultural Exchange program, presentation
requested by Mayor’s office on November 6, 2006.
2. Minutes, PersonNameCity Council Meeting August 28, September 11, September 25, 2006
3. PUBLIC HEARING: Sprint Wireless/Bruce Asmussen, modification to existing wireless telecommunication facility, addressStreet450-460 Boston Post Rd., East.
4. PUBLIC HEARING: Dominic Merloni, 62 John Alden Rd., Plymouth, Ma, conversion of property at 69 Union St. from five units to six units.
5. PUBLIC HEARING: Special Permit, Fore Kicks II, Inc., CityplaceNorfolk, Ma for a commercial indoor and outdoor recreation (soccer etc) facility on Plate 104, Parcel 31, Mill St.
6. PUBLIC HEARING: Amending C.163 of the City Code, the so-called Sign Ordinance.
7. PUBLIC HEARING: Amend City Code, C.162, Registered Sex Offender Restrictions.
8. Communication from Mayor re: Amending C. 147 to reflect the non-criminal disposition penalties outlined in the proposed Registered Sex offender Restriction Ordinance.
9. Communication from Mayor re: transfer $6,000.00 from DPW Engineering Professional Technical Services to City Clerk’s Advertising account.
10. Communication from Mayor re: Chief Leonard’s notification from the State Emergency Telecommunications Board regarding its scheduling of activities related to the City’s E9-11 system upgrade.
11. Communication from Mayor re: Appointment of Diane L. Smith to the position of Acting Auditor.
12. Communication from Mayor re: Reappointment of Linda Creamer and Craig Hunt, Recreation Commission.
13. Communication from Mayor re: Appointment of Michele Higgins, Conservation Commission
14. Communication from Mayor re: correspondence forwarded by the Community Development Authority dated September, 28, 2006 relative to the Chestnut Ridge Development.
15. Communication from Mayor re: PlaceTypeplaceCommonwealth of PlaceNameMass recently provided the Fire Department with a grant in the amount of $3,500.
16. Communication from Mayor re: reappointment of John Peltier, appointment of Kevin Boyle to replace Stanley Supeck as Fence Viewers.
17. Communication from Mayor re: revision to the Council on Aging’s recently received formula grant, grant amount of $32,080 has been increased to $34,430.
18. Communication from Mayor re: budget transfer $9,000 be moved in the Library’s budget from Maintenance/Computer Software to Maintenance/Computer Hardware.
19. Communication from Mayor re: documentation relative to the City of CityplaceMarlborough’s aggregation plan as prepared by Colonial Power Group.
20. Communication from City Clerk re: Notice of Election Call, State Election, Tuesday, Nov. 7, 2006.
21. Communication from Planning Board re: Notice Public Hearing, Oct. 16, 2006 re: proposed amendment to Zoning, C. 200, S.08 “Boundaries Established: Zoning Map”.
22. Communication from Planning Board re: joint Public Hearing, on Oct. 16, 2006 with Tree Warden re: “Scenic Roads Act”.
23. Communication from Code Enforcement Officer re: Multi-Family Certification.
24. Minutes, Board of Assessors, March 16, October 6, 2006.
25. Beacon, October, 2006.
CLAIM:
26. James F. Noble, 849 CityplaceBoston post Rd. Unit 3F, auto damage.
REPORTS OF COMMITTEES
27. ORDERED: That the Code Enforcement Officer meet with the Traffic Commission to review the practice of long term on-street parking of oversized vehicles, including recreational vehicles, on public ways and determine whether this practice should be regulated…………Submitted by Councilors Webster, Katz, Clancy
28. ORDERED: That the Mayor appear before the PersonNameCity Council at the October 16, 2006 regular meeting to advise the City council on City’s health insurance plan design proposal……….Submitted by Councilor Vigeant
29. ORDERED: That the PersonNameCity Council review the list of “Scenic Roads” to determine the continued appropriateness of this special designation for each public way to designated and to further determine if other public ways should be added to the list…………Submitted by Councilor Juaire
UNFINISHED BUSINESS:
From Personnel Committee
30. Order No. 06100-12303 – re: Reappointment of Lynn Faust, Community Development Authority. Recommendation of Committee to APPROVE 3-0
31. Order No. 06100-1261 – re: Reappointment of Lynn Faust and Peggy Ayres, Youth Commission. recommendation of Committee to APPROVE 3-0
From Finance Committee:
32. Order No. 06100-1189 - re: “Senior Tax Exemption” the Finance Committee agreed to establish a subcommittee (Councilors Towle, Webster and Levy along with the Assessor and Solicitor) to draft the language for the order that will be submitted to State Legislature via Representative LeDuc and Senator Resor. – The Finance Committee voted 5-0 to table the order until the subcommittee drafts the language for the order.
33. Order No. 06100-1294 – re: “Capital Bond for Department Equipment for $1,369,000” , the bond has been properly ADVERTISED. – Recommendation of the Finance Committee 4-1 (Ferro ) to APPROVE the bond after it had been advertised.
34. Order No. 06100-1295 – re” “Capital Bond for Fire Department Equipment for $52,000” (Councilor Juaire abstained from this discussion) – Recommendation of the Finance Committee 3-1 (Ferro) to APPROVE the bond. (properly advertised)
35. Order No. 06100-1297 – re: “Policy for Grant Acceptance” The Finance Committee met to discuss the policy for accepting grants awarded to the City. The Auditor noted that the School Committee will be responsible for approving grant awards for the school system. The Finance Committee voted 5-0 to establish the following policy for approving grants awarded to the city.
· Mayor/Auditor to prepare a cover letter summarizing the grant
· Include the dollar amount of the grant, duration of the grant and items that will be funded by the grant
· Identify if there are any matching City Funds required to support the grant
· Identify exposure to the City – will full/part time employees be hired as city employees
· Identify deadline to approve the grant
The Finance Committee recognized that this will be work in progress and that additional guidance may be added to the policy as the process matures. Recommendation of the Finance Committee to establish the policy for approving grants awarded to the city 5-0
36. Order No. 06100-1301 – re: Transfer of $22,530 from Stabilization to PlaceNameNew England PlaceNameSports PlaceTypeCenter – The Finance Committee Discussed the transfer of $22,530 from the Stabilization account number 83600-32711 Capacity Study to PlaceNameplaceNew England PlaceNameSports PlaceTypeCenter as outlined in the Mayor’s letter dated
September 6, 2006. Doran Crouse explained that the money paid by placePlaceNameNew England PlaceNameSports PlaceTypeCenter to cover the anticipated water usage due to the expansion was never utilized based on improvements made internally at the facility. The DPW supports the refunding of the money to placePlaceNameNew England PlaceNameSports PlaceTypeCenter. The money was deposited into the Capacity Study account and never expended. – Recommendation of the Finance Committee was to APPROVE the transfer of $22,530 from the Stabilization Capacity Study account to refund the PlaceNameplaceNew England PlaceNameSports PlaceTypeCenter.
From Wireless Communication Committee
37. Order No. 06100-1055 – re: T-Mobile (Omnipoint) requesting that the City consider issuing an RFP for WCF at PlaceNameplaceGhiloni PlaceTypePark.
· Continued discussion – placePlaceNameGhiloni PlaceTypePark:
Solicitor Rider continued discussion with the committee. He updated the committee on research he has conducted regarding the use of PlaceNameplaceGhiloni PlaceTypePark for a wireless facility. He stated that grant monies may prevent the city from using the property for purposes other than recreational. Solicitor Rider stated that a vote of the state legislature would have to be taken to lease the property for any other use.
Recreation Commissioner David Gadbois stated that an area know as the city forest was also used for Ghiloni Park and that section of Ghiloni Park may be leased for wireless purposes.
Motion made by Councilor Clancy, seconded by Chair, to recommend the issuance of the RFP requested by T-Mobile for the Ghiloni Park site with conditions that follow and any other conditions deemed appropriate by the Chief Procurement Office.:
1. The wires leading up to the proposed WCF should be contained completely underground.
2. other utilities associated with the WCF should be stored underground; to the extent possible, if not feasible then the other utilities should be enclosed in a shed similar looking to the existing barn.
3. The WCF should be disguised as a flagpole and attempt to follow, as nearly as possible, the design specifications used for the WCF flagpole recently completed in the town of CityplaceSouthboro.
4. The flag associated with the WCF should be appropriate in size to t he f flagpole housing the WCF.
5. The WCF/ flagpole site will be professionally landscaped and maintained by the successful bidder , to be enforced by the city code enforcement office.
6. The chosen site location of any WCF at or connecting to PlaceNameplaceGhiloni PlaceTypePark shall be done in consultation with the Marlborough Recreation Commission and the cities tree warden.
7. The location of any WCF at PlaceNameplaceGhiloni PlaceTypePark shall further receive the approval of the MARLBOROUGH Veterans director if the WCF is sited near any of the existing Veteran memorials in the park.
8. No outriggers are permitted; all antennae will be located inside the flag pole
9. Prior to the issuance of any special permit for a WCF at or connecting to PlaceNameplaceGhiloni PlaceTypePark the successful bidder shall conduct a crane test at the specific location chosen. The test should demonstrate the impacts of WCF at 100 feet and 120 feet.
10. The term of the lease shall be 10 years with an option to renew at the city’s sole discretion.
11. The Minimum bid for any WCF at or connecting to PlaceNameplaceGhiloni PlaceTypePark shall be granted for a minimum of $24,000 per year and an annual co-locator sharing fee to be written into the RFP by chief procurement officer or his/her designee. Further, the RFP language may include, at the discretion of the Chief escalator percentage over each of the 10 years.
12. The lessee shall obtain written approval from Mass. Aeronautics prior to installing said WCF.
13. The lessee shall be responsible for all costs associated with flying, replacing, lighting and maintaining the flag and flagpole at this location, in accordance with Federal regulations or other applicable l
14. The lessee will be required to carry and maintain insurance with the City of placeCityMarlboro as additional named insured for any damages the city may suffer during construction and subsequent city solicitor upon consultation with the City’s liability insurance carrier.
15. Any WCF on the site shall be subject to site plan review and approval.
16. Prior to the issuance of any RFP, the Marlboro recreation commission and the city’s tree warden, subject to the confirmation of the city solicitor shall determine which sites, if any are available for a WCF at or connecting to Ghiloni Park. In particular the focus for such and RFP will be the city forest land that connects to PlaceNameplaceGhiloni PlaceTypePark because that land may be free from grant or deed restrictions that would otherwise tend to hinder such a WCF from being built.
17. The City of Marlboro further has rights to place communication apparatus within the WCF pole at no cost to the City of CityplaceMarlboro.
18. The city will require a deposit of 5% of the first year’s proposal amount.
19. The city will require 100% performance bond, at no cost to the city, during construction of the facilities and access way.
20. The city will require that it be indemnified by the successful bidder, and all co-locators under the terms of the lease
Recommendation of the Wireless Communication Committee to APPROVE 2- 0
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