REGULAR MEETING IN CITY COUNCIL CONVENED:
DECEMBER 18, 2006 ABSENT: ADJOURNED:
1. Minutes of the City Council Meeting, December 4, 2006.
2. PUBLIC HEARING: Ma Electric, for manhole and duct locations on Bolton St.
3. PUBLIC HEARING: Ma Electric/Verizon, joint pole locations, Bolton St.
4. PUCLIC HEARING: Appl. of Atty. Bergeron for 175 Maple St. Building Owner L.L.C., c/o 900 Chapel St., New Haven, CT 06513 for a SPECIAL PERMIT to convert manufacturing space at 175 Maple Street to 95 residential units.
5. Communication from Mayor re: appointments of six new Police Officers.
6. Communication from Mayor re: signed cable TV franchise license with Verizon.
7. Communication from Mayor re: appointment Cynthia Panagore Griffin, Assistant City Solicitor.
8. Communication from Mayor re: amendment to budget transfer, (Order No. 06100-1369)
9 Communication from Mayor re: reappointment of Deborah A. Puleo, City Collector.
10. Communication from Mayor re: transfer $750,000 from undesignated funds to the stabilization account.
11. Communication from Mayor re: acceptance of gift of $1,000 to Conservation Commission.
12. Communication from Mayor re: Traffic Enforcement Grant of $10,000, received by the Marlborough Police Department.
13. Communication from Mayor re: Resident Drop-Off Fee Schedule, (Order No. 06100-1200B)
14. Communication from Mayor re: Proposed Sewer Project Takings, Vega Rd. and Goodale St. Area.
15. Communication from City Solicitor re: Special Permit Application, Dominic Merloni for 69 Union St.
16. Communication from Councilor Pope re: Exit Benefits, Mayoral Aide.
17. Communication from Thomas Teager: request for extension of time, until 5:00 p.m. March 31, 2007 on the Special Permit, Fore Kicks II, Inc.(Order No. 06100-1278A)
18. Communication from Sprint Wireless: request for extension of time, until 5:00 p.m. on March 14, 2007, on the Special Permit, WCF, 450-460 Boston Post Rd. (Order No. 06100-1305)
19. Communication from Sudbury Company of Militia and Minute, requesting permission to place a temporary sign on City property, Rte. 20 and Hagar Rd. at Wayside Inn Road.
REGULAR MEETING IN CITY COUNCIL CONVENED:
DECEMBER 18, 2006 ABSENT: ADJOURNED:
1. Minutes of the City Council Meeting, December 4, 2006.
2. PUBLIC HEARING: Ma Electric, for manhole and duct locations on Bolton St.
3. PUBLIC HEARING: Ma Electric/Verizon, joint pole locations, Bolton St.
4. PUCLIC HEARING: Appl. of Atty. Bergeron for 175 Maple St. Building Owner L.L.C., c/o 900 Chapel St., New Haven, CT 06513 for a SPECIAL PERMIT to convert manufacturing space at 175 Maple Street to 95 residential units.
5. Communication from Mayor re: appointments of six new Police Officers.
6. Communication from Mayor re: signed cable TV franchise license with Verizon.
7. Communication from Mayor re: appointment Cynthia Panagore Griffin, Assistant City Solicitor.
8. Communication from Mayor re: amendment to budget transfer, (Order No. 06100-1369)
9 Communication from Mayor re: reappointment of Deborah A. Puleo, City Collector.
10. Communication from Mayor re: transfer $750,000 from undesignated funds to the stabilization account.
11. Communication from Mayor re: acceptance of gift of $1,000 to Conservation Commission.
12. Communication from Mayor re: Traffic Enforcement Grant of $10,000, received by the Marlborough Police Department.
13. Communication from Mayor re: Resident Drop-Off Fee Schedule, (Order No. 06100-1200B)
14. Communication from Mayor re: Proposed Sewer Project Takings, Vega Rd. and Goodale St. Area.
15. Communication from City Solicitor re: Special Permit Application, Dominic Merloni for 69 Union St.
16. Communication from Councilor Pope re: Exit Benefits, Mayoral Aide.
17. Communication from Thomas Teager: request for extension of time, until 5:00 p.m. March 31, 2007 on the Special Permit, Fore Kicks II, Inc.(Order No. 06100-1278A)
18. Communication from Sprint Wireless: request for extension of time, until 5:00 p.m. on March 14, 2007, on the Special Permit, WCF, 450-460 Boston Post Rd. (Order No. 06100-1305)
19. Communication from Sudbury Company of Militia and Minute, requesting permission to place a temporary sign on City property, Rte. 20 and Hagar Rd. at Wayside Inn Road.
20. Assabet Valley Regional Vocational School re: Tentative Fy08 Budget.
21. Communication from Bob Kane re: Community Forum (open to the public) to discuss the proposed “Murial Project”, on Wednesday January 17, 2007 at 6:45 p.m. at the Senior Center on Main St.
22. CLAIM:
Giarrusso Norton Cooley & McGlone, PC for Douglas Peltak, 113 West Main St., personal and property damage.
REPORTS OF COMMITTEES:
23. ORDERED: That the City Council Finance Committee study the impact of the gradual elimination of the city’s residential exemption and follow up said study with a non-binding recommendation to the Mayor……………….Submitted by Councilors Katz, Levy and Ferro.
UNFINISHED BUSINESS:
From Legislative and Legal Affairs Committee
24. Order No. 06100-1204B – re: Communication from Atty. Arthur Bergeron re: proposed conveyance of portion of Old Lakeside Avenue. MOTION by Councilor Levy, seconded by Chair, that the City Council approve a Resolution recommending that Representative LeDuc and Senator Resor file legislation in the form attached by Atty. Bergeron in his communication to the City Council dated November 16, 2006. Recommendation of the Legislative Affairs Committee was to adopt 3 -0
From Personnel Committee
25. Order No. 06100-1350 – re: Reappointment of Jeffrey Long to the Recreation Commission, expiring May 2011. MOTION made by Councilor Juaire, seconded by Chair to recommend approval 3-0
26. Order No. 06100-1314 – re: communication from Mayor Stevens with appointment to the Historical Commission, Richard Wilcox, expiring September 18, 2008. MOTION made and seconded to refer back to the Mayor. 3-0
From Public Services Committee
27. Order No. 06100-1241 – re: Application fro renewal of Pool Table (2) License of the Little Pub, 286
Boston Post Rd., Chief Leonard has no objection to the renewal of the Little Pub’s pool table licenses. MOTION made by Councilor Ferro seconded by Chair to recommend approval. 3-0
28. Order No. 06100-1319 – re: Application for Junk Dealer’s License, Carla Devine, 38 Flynn Avenue, to sell second hand items on Ebay such as: Figurines, dishes, dolls, books and other collectibles and small household items. Chief Leonard has no objection to the issuance of a junk dealer’s license to Carla Devine, allowing her to sell second hand items on e-bay. MOTION made by Councilor Ferro, seconded by Chair, to recommend approval. 3-0
29. Order No. 06100-932 – re: Application of Gunilla Grahm, Affordable Limousine for renewal of livery license (3) vehicles MOTION made by Councilor Ferro, seconded by Chair, to recommend approval. 3-0
30. Order No. 06100-1378 – re: Application for Sewer Connection Permit, Berlin Farms, Henry H. Renaud III, 226 Berlin Road, CityMarlborough, Ma for Berlin Farms Subdivision, a 4-home subdivision that will generate a total of 1760 gallons of sewer per day (4 x 4 bedroom homes at 440 gallons per home). From Doran Crouse, Asst. Commissioner Utilities . The sewer connection application for Berlin Farms is OK to approve by the Public Services Committee and Council. The applicant has met the capacity mitigation requirements, imposed by the DPW, by removing Inflow & Infiltration in the sewer collection system thereby providing sufficient capacity at the Westerly Wastewater Treatment Plant for the project. Once approved by the City , the
application will be submitted (by the applicant after DPW approval) to the Mass DEP for their technical review. Please fee free to contact me if you have additional questions on this matter. I can be available to meet and discuss this application further, should the need exist. MOTION made b Councilor Ferro, seconded by Chair, to recommend approval of a Sewer Connection permit for Berlin Farms Subdivision, a four-home subdivision that will generate a total of 1760 gallons of sewer per day (4 x 4bedroom homes at 440 gallons per home) with the following conditions:
1) The Sewer Connection Permit is limited to 1760 gallons per day;
2) The Sewer Connection Permit shall lapse if the connection is not made within
18 months after the date of final approval;
3) If the total volume is not needed, the surplus shall be returned to the City of Marlborough.
31. Order No. 06100-1318 – re: Application for fuel storage license by Charles K. Monks, Circle M. Gas, 424 Lincoln Street. (filed August 25, 2006)
a) Mr. Monk advises that he sold the business to a Mr. Kainth on November 6,
2006. All back fees have been paid;
b) PlaceNameplaceAsst. PlaceTypeCity Clerk Lucier advises the application was forwarded to the City
Council for a name change;
c) The Fire chief advised that his files show the license to be in the name of C& N
Gas and Oil Inc. as the owner. The Fire Dept. issued the permit under that name on 4/14/04 and will expire 5 years from that date. Should any change of conditions take place or name change, the applicant must amend the existing permit (issued by the Fire Department);
d) Letter dated November 30, 2005 from City Solicitor Agoritsas to Jo-Ann
Reynolds, City Clerk, referencing 175 Lakeside Avenue that appeared on the
December 6, 2004 agenda advises that the City Council has no authority to
review the original license for the purposes of renewal. That statute requires a
“certificate of registration setting forth the name and address of the of the
holder of such license.” The Solicitor further advises, “his review discovered
that the legislation dealing with renewals is such that it no longer requires an
annual renewal application to the City Council. The current legislation
provides that once the original license has been issued by the permit granting
authority (City Council), the license then becomes subject to merely an annual
registration procedure with the City Clerk.” For reference of Solicitor’s legal
opinion – see Order No. 04-100528A, 12/6/04, City Council’s authority to issue
gasoline storage license renewals. MOTION made by Councilor Ferro,
seconded by Councilor Webster, to accept as file 3 - 0
From Urban Affairs Committee
32. Order No. 06100-1279 – re: Application for Special permit by Dominic Merloni, 62 John Alden Road, CityPlymouth, Ma to convert property at 69 Union Street from five to six units.
The building currently exists as five residential units and a large attached barn structure that was demolished and rebuilt with a valid building permit about 1997.
The first level of the barn is a multi-car garage the Domenic used for the storage of his trucks and boat.~ The second floor was rebuilt and finished as bonus space for Domenic’s use as storage and home office when he was in town.~ It exceeds the 600 square ft minimum required under zoning. ~~It is fully finished including plaster, flooring, appliances, plumbing, wiring and requires no modification except for a desired outside staircase.~~~
The proposal recognizes that this space is self sufficient and there would be no visual change if it were reclassified as a residential unit.
To offset the concerns expressed by Pam Wilderman, I offer the following additional conditions if the council were inclined to support the special permit proposal.
1.~ The owner shall submit a management plan as part of the special permit. That plan will outline the method and procedures for management and maintenance of the building by a local person or company.
2. Outstanding code violations or maintenance work in process are to be identified and will be corrected prior to exercising any rights granted under the special permit
3.~ The owner shall post the building with a professional sign that identifies the management contact and telephone number of the responsible party.
4.~ All parking in the garage shall be allocated to the newly authorized unit.~~ All other parking shall be designated on a plan and shall be allocated prorate to all other residential units
The Committee reviewed the applicant’s revised draft decision, making changes and corrections as follows:
Add date on page 1, para (4.)
Add date on page 1, para (5)
Add name of resident in para (20) – secretary will double check with city clerk for accuracy: Debbie Flateau of 81 Union Street, CityMarlborough, Mass
Delete words ‘site plan’ and add word ‘sketch’ to para 1)
The draft was also amended by adding several new conditions as per the email communication above from the Building Inspector:
Added conditions:
13)~~~~~~ Prior to the issuance of the occupancy permit for the sixth unit, the owner shall file a management plan and management contract to be incorporated and made a part of this Special Permit.~ The management plan shall outline the method and procedure for the management and maintenance of the building by a local person or company.
14)~~~~~~ Prior to the issuance of the occupancy permit for the sixth unit, the owner shall post the building with a professional sign that identifies the management contact and telephone numbers of the responsible party.
15)~~~~~~ All parking in the garage shall be allocated to the newly authorized sixth unit.~ All other parking shall be designated on a plan and shall be allocated prorate to all other residential units.~~ All parking shall be assigned by unit numbers and clearly posted.
16)~~~~~~ There shall be no more than two (2) occupants allowed in the sixth unit.~ Owner shall include this condition in any lease agreement for the sixth unit.
17) Owner shall identify and correct any outstanding code violations or maintenance work in process prior to the exercise of any rights granted under the special permit.
Vote/Action taken: Motion made by Councilor Clancy and seconded to recommend approval, as amended. 3-0 Schafer and Katz absent
From City Council
33. Order #06-100-1216 – Compensation – Reorganization of the Legal Department
Be it ordained by the City Council of the City of CityMarlborough that the Code of the City of Marlborough, as amended, be further amended by adding to Chapter 32, Compensation Schedule, the following:
Chief Procurement Officer: ~Effective date: December 18, 2006: Min. 1st six months: $48,000.00; Step 1: 2nd six months: $49,920.00; Step 2: next 12 months: $51,916.80; Max: $53,993.47~~
Asst. Solicitor:~ Effective date:~ December 18, 2006: Min. 1st six months:~ $63,000.00; Step 1: 2nd six months: $65,520.00; Step 2: next 12 months: $68,140.80; Max: $70,866.43
– The FINCOM voted 5 – 0 to approve the salary ordinance for the Assistant City Solicitor and Chief Procurement Officer as described in the Mayor’s letter dated June 7, 2006.~ The City Council approved the advertising of the salary ordinance at the June 12, 2006 meeting. Additionally, the FINCOM referred the proposed ordinance back to the City Council with a favorable recommendation at the June 26, 2006.~ Properly advertised in MWDN on August 23, 2006.Request for confirmatory vote for salary ordinance / passages required:
34. Order No. 06100-1231E – re: the communication from the Mayor re: vetoing City Council Order No. 06100-1231D, Registered Sex Offender Restrictions, lay on the TABLE and placed on the December 18, 2006 agenda for discussion and action.
35. Order No. 06100-1231-1C – re: the communication from the Mayor re: vetoing City Council Order No. 06100-1231-1B, Non Criminal Disposition, lay on the TABLE and placed on the December 18, 2006 agenda for discussion and action.
alley PlaceNameRegional PlaceTypeVocational School re: Tentative Fy08 Budget.
21. Communication from Bob Kane re: Community Forum (open to the public) to discuss the proposed “Murial Project”, on Wednesday January 17, 2007 at 6:45 p.m. at the Senior Center on Main St.
22. CLAIM:
Giarrusso Norton Cooley & McGlone, PC for Douglas Peltak, 113 West Main St., personal and property damage.
REPORTS OF COMMITTEES:
23. ORDERED: That the City Council Finance Committee study the impact of the gradual elimination of the city’s residential exemption and follow up said study with a non-binding recommendation to the Mayor……………….Submitted by Councilors Katz, Levy and Ferro.
UNFINISHED BUSINESS:
From Legislative and Legal Affairs Committee
24. Order No. 06100-1204B – re: Communication from Atty. Arthur Bergeron re: proposed conveyance of portion of Old Lakeside Avenue. MOTION by Councilor Levy, seconded by Chair, that the City Council approve a Resolution recommending that Representative LeDuc and Senator Resor file
IN CITY COUNCIL - 2 - DECEMBER 18, 2006
legislation in the form attached by Atty. Bergeron in his communication to the City Council dated November 16, 2006. Recommendation of the Legislative Affairs Committee was to adopt 3 -0
From Personnel Committee
25. Order No. 06100-1350 – re: Reappointment of Jeffrey Long to the Recreation Commission, expiring May 2011. MOTION made by Councilor Juaire, seconded by Chair to recommend approval 3-0
26. Order No. 06100-1314 – re: communication from Mayor Stevens with appointment to the Historical Commission, Richard Wilcox, expiring September 18, 2008. MOTION made and seconded to refer back to the Mayor. 3-0
From Public Services Committee
27. Order No. 06100-1241 – re: Application fro renewal of Pool Table (2) License of the Little Pub, 286
Boston Post Rd., Chief Leonard has no objection to the renewal of the Little Pub’s pool table licenses. MOTION made by Councilor Ferro seconded by Chair to recommend approval. 3-0
28. Order No. 06100-1319 – re: Application for Junk Dealer’s License, Carla Devine, 38 Flynn Avenue, to sell second hand items on Ebay such as: Figurines, dishes, dolls, books and other collectibles and small household items. Chief Leonard has no objection to the issuance of a junk dealer’s license to Carla Devine, allowing her to sell second hand items on e-bay. MOTION made by Councilor Ferro, seconded by Chair, to recommend approval. 3-0
29. Order No. 06100-932 – re: Application of Gunilla Grahm, Affordable Limousine for renewal of livery license (3) vehicles MOTION made by Councilor Ferro, seconded by Chair, to recommend approval. 3-0
30. Order No. 06100-1378 – re: Application for Sewer Connection Permit, Berlin Farms, Henry H. Renaud III, 226 Berlin Road, CityMarlborough, Ma for Berlin Farms Subdivision, a 4-home subdivision that will generate a total of 1760 gallons of sewer per day (4 x 4 bedroom homes at 440 gallons per home). From Doran Crouse, Asst. Commissioner Utilities . The sewer connection application for Berlin Farms is OK to approve by the Public Services Committee and Council. The applicant has met the capacity mitigation requirements, imposed by the DPW, by removing Inflow & Infiltration in the sewer collection system thereby providing sufficient capacity at the Westerly Wastewater Treatment Plant for the project. Once approved by the City , the
application will be submitted (by the applicant after DPW approval) to the Mass DEP for their technical review. Please fee free to contact me if you have additional questions on this matter. I can be available to meet and discuss this application further, should the need exist. MOTION made b Councilor Ferro, seconded by Chair, to recommend approval of a Sewer Connection permit for Berlin Farms Subdivision, a four-home subdivision that will generate a total of 1760 gallons of sewer per day (4 x 4bedroom homes at 440 gallons per home) with the following conditions:
1) The Sewer Connection Permit is limited to 1760 gallons per day;
2) The Sewer Connection Permit shall lapse if the connection is not made within
18 months after the date of final approval;
3) If the total volume is not needed, the surplus shall be returned to the City of
Marlborough.
IN CITY COUNCIL - 3 - DECEMBER 18, 2006
31. Order No. 06100-1318 – re: Application for fuel storage license by Charles K. Monks, Circle M. Gas, 424 Lincoln Street. (filed August 25, 2006)
a) Mr. Monk advises that he sold the business to a Mr. Kainth on November 6,
2006. All back fees have been paid;
b) PlaceNameplaceAsst. PlaceTypeCity Clerk Lucier advises the application was forwarded to the City
Council for a name change;
c) The Fire chief advised that his files show the license to be in the name of C& N
Gas and Oil Inc. as the owner. The Fire Dept. issued the permit under that name on 4/14/04 and will expire 5 years from that date. Should any change of conditions take place or name change, the applicant must amend the existing permit (issued by the Fire Department);
d) Letter dated November 30, 2005 from City Solicitor Agoritsas to Jo-Ann
Reynolds, City Clerk, referencing 175 Lakeside Avenue that appeared on the
December 6, 2004 agenda advises that the City Council has no authority to
review the original license for the purposes of renewal. That statute requires a
“certificate of registration setting forth the name and address of the of the
holder of such license.” The Solicitor further advises, “his review discovered
that the legislation dealing with renewals is such that it no longer requires an
annual renewal application to the City Council. The current legislation
provides that once the original license has been issued by the permit granting
authority (City Council), the license then becomes subject to merely an annual
registration procedure with the City Clerk.” For reference of Solicitor’s legal
opinion – see Order No. 04-100528A, 12/6/04, City Council’s authority to issue
gasoline storage license renewals. MOTION made by Councilor Ferro,
seconded by Councilor Webster, to accept as file 3 - 0
From Urban Affairs Committee
32. Order No. 06100-1279 – re: Application for Special permit by Dominic Merloni, 62 John Alden Road, CityPlymouth, Ma to convert property at 69 Union Street from five to six units.
The building currently exists as five residential units and a large attached barn structure that was demolished and rebuilt with a valid building permit about 1997.
The first level of the barn is a multi-car garage the Domenic used for the storage of his trucks and boat.~ The second floor was rebuilt and finished as bonus space for Domenic’s use as storage and home office when he was in town.~ It exceeds the 600 square ft minimum required under zoning. ~~It is fully finished including plaster, flooring, appliances, plumbing, wiring and requires no modification except for a desired outside staircase.~~~
The proposal recognizes that this space is self sufficient and there would be no visual change if it were reclassified as a residential unit.
To offset the concerns expressed by Pam Wilderman, I offer the following additional conditions if the council were inclined to support the special permit proposal.
1.~ The owner shall submit a management plan as part of the special permit. That plan will outline the method and procedures for management and maintenance of the building by a local person or company.
2. Outstanding code violations or maintenance work in process are to be identified and will be corrected prior to exercising any rights granted under the special permit.
IN CITY COUNCIL - 4 - DECEMBER 18, 2006
3.~ The owner shall post the building with a professional sign that identifies the management contact and telephone number of the responsible party.
4.~ All parking in the garage shall be allocated to the newly authorized unit.~~ All other parking shall be designated on a plan and shall be allocated prorate to all other residential units
The Committee reviewed the applicant’s revised draft decision, making changes and corrections as follows:
Add date on page 1, para (4.)
Add date on page 1, para (5)
Add name of resident in para (20) – secretary will double check with city clerk for accuracy: Debbie Flateau of 81 Union Street, CityMarlborough, Mass
Delete words ‘site plan’ and add word ‘sketch’ to para 1)
The draft was also amended by adding several new conditions as per the email communication above from the Building Inspector:
Added conditions:
13)~~~~~~ Prior to the issuance of the occupancy permit for the sixth unit, the owner shall file a management plan and management contract to be incorporated and made a part of this Special Permit.~ The management plan shall outline the method and procedure for the management and maintenance of the building by a local person or company.
14)~~~~~~ Prior to the issuance of the occupancy permit for the sixth unit, the owner shall post the building with a professional sign that identifies the management contact and telephone numbers of the responsible party.
15)~~~~~~ All parking in the garage shall be allocated to the newly authorized sixth unit.~ All other parking shall be designated on a plan and shall be allocated prorate to all other residential units.~~ All parking shall be assigned by unit numbers and clearly posted.
16)~~~~~~ There shall be no more than two (2) occupants allowed in the sixth unit.~ Owner shall include this condition in any lease agreement for the sixth unit.
17) Owner shall identify and correct any outstanding code violations or maintenance work in process prior to the exercise of any rights granted under the special permit.
Vote/Action taken: Motion made by Councilor Clancy and seconded to recommend approval, as amended. 3-0 Schafer and Katz absent
From City Council
33. Order #06-100-1216 – Compensation – Reorganization of the Legal Department
Be it ordained by the City Council of the City of CityMarlborough that the Code of the City of Marlborough, as amended, be further amended by adding to Chapter 32, Compensation Schedule, the following:
Chief Procurement Officer: ~Effective date: December 18, 2006: Min. 1st six months: $48,000.00; Step 1: 2nd six months: $49,920.00; Step 2: next 12 months: $51,916.80; Max: $53,993.47~~
IN CITY COUNCIL - 5 - DECEMBER 18, 2006
Asst. Solicitor:~ Effective date:~ December 18, 2006: Min. 1st six months:~ $63,000.00; Step 1: 2nd six months: $65,520.00; Step 2: next 12 months: $68,140.80; Max: $70,866.43
– The FINCOM voted 5 – 0 to approve the salary ordinance for the Assistant City Solicitor and Chief Procurement Officer as described in the Mayor’s letter dated June 7, 2006.~ The City Council approved the advertising of the salary ordinance at the June 12, 2006 meeting. Additionally, the FINCOM referred the proposed ordinance back to the City Council with a favorable recommendation at the June 26, 2006.~ Properly advertised in MWDN on August 23, 2006.Request for confirmatory vote for salary ordinance / passages required:
34. Order No. 06100-1231E – re: the communication from the Mayor re: vetoing City Council Order No. 06100-1231D, Registered Sex Offender Restrictions, lay on the TABLE and placed on the December 18, 2006 agenda for discussion and action.
35. Order No. 06100-1231-1C – re: the communication from the Mayor re: vetoing City Council Order No. 06100-1231-1B, Non Criminal Disposition, lay on the TABLE and placed on the December 18, 2006 agenda for discussion and action.
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