REGULAR MEETING IN CITY COUNCIL CONVENED:
MARCH 12, 2007 ABSENT: ADJOURNED:
1. Minutes of the City Meeting, February 26, 2007.
2. PUBLIC HEARING: On the application for a Special Permit, from Atty. Richard Frias for Gerson C. DeAlmeida, the Petitioner currently resides in the property at addressStreet55 Wilson St., plate 60, parcel 28 and wishes to convert the same into a two unit condominium.
3. PUBLIC HEARING: On the application for a Special Permit, from Atty. David Gadbois for Fore Kicks II Recreation Center, 190 Rolling Meadow Dr., Holliston, Ma 01746, to construct and operate an indoor and outdoor Recreation Center at 291 Forest St.
4. That the Communication from the Mayor re: the Executive Session that was on the agenda for February 26, 2007, was TABLED until March 12, 2007.
5. Communication from Mayor re: appointments of John Ghiloni, Ronald LaFreniere, James Golden, Cynthia Panagore Griffin, Karen Kisty to the Design Selection Board.
6. Communication from Mayor re: a revised salary ordinance relative to the Council on Aging Health Nurse.
7. Communication from Mayor re: Retirement of Deputy Chief Charles Cole of the Marlborough Fire Department, has resulted several proposed internal departmental promotions.
8. Communication from City Solicitor re: Special Permit Application, Design Pak Parcel.
9. Communication from Co-Chair Trisha Pope and Co-Chair Robert Katz re: Update from the Sign Ordinance Review Committee.
10. Communication from Atty. Arthur Bergeron re: proposed land disposition for affordable house construction, Hemenway Street Extension, Map 3, Parcel 1.
11. Communication from Sprint Wireless: request for extension of time, until 5:00 p.m. on March 28, 2007.
12. Petition for joint pole location, Ma Electric/Verizon New England, Inc., 1 pole, addressStreetFitchburg St.
13. Petition for joint pole location, Ma Electric/Verizon New England, Inc., 1 pole, addressStreetConcord Rd.
14. Application for a Special Permit from Omnipoint Communications/T-Mobile USA, for installation, operation and maintenance of a wireless communications facility, including without limitation; antennas, coaxial cables and radio communication equipment cabinets, on an existing structure at 265 Lakeshore Dr.
15. Application for two Special Permits from Atty. Bergeron for St. Mary’s of French Hill Redevelopment LLC, addressStreetaddress69 Lowell Ave., CityNewton, Ma re: St. Mary’s Church property at addressStreet26 Broad St. PERMIT #1 for adaptive reuse of St. Mary’s church, school and rectory which are non-conforming buildings to 25 residential units. PERMIT #2 for construction of 11 townhouse units.
16. Atty. David Gadbois: request to withdraw without prejudice, Special Permit application for Fore Kicks II, Inc., addressStreet31 Mill St.
17. Minutes, School Committee, January 23, 2007.
18. CLAIMS:
a. Krishna Ramachandra, addressStreet480 Boston Post Rd., property damage.
b. Jamie O’Brien, addressStreet224 Vega Rd., property damage.
c. Jessica Dallis, addressStreet9 Kerry Craig Circle, Northborough, Ma, vehicle damage.
d. Calliopi Carmosino, addressStreet84 Framingham Rd., property damage.
19. ORDERED: That the City Council accept Chapter 140: Section 139, provision that would offer a free dog license to person 70 years of age or over…….Submitted by Councilor Juaire
UNFINSHED BUSINESS
From Legislative and Legal Affairs Committee
20. ORDER No 07100-1337 – re:~~ The Colonial Power Group recently received, on behalf of the City, two additional ESA’s.~ These ESA’s have been submitted by GEXA Energy LLC and Hess Corp.~ These electric suppliers wish to participate in the aggregation process.~ Council approval of these ESA’s would be required as part of the decision to be issued by the Dept. of Telecommunications and Energy on the municipal aggregation for the City
The legislative and legal Affairs Committee requested both ESAs be amended in Section 17.3 Notices by adding the Mayor as a contact for notices to the City.
a) Motion made by Councilor Ferro, seconded by chair, to approve the GEXA Energy, LLC ESA as amended. Recommendation the the Legislative and Legal Affairs Committee is to approved 3-0.
b) Motion made by Councilor Ferro, seconded by chair, to approve the Hess Corporation ESA as amended. Recommendation to the Legislative and Legal Affairs Committee is to approved 3-0.
From Public Services Committee
21. ORDER No. 06100-1354B – re: Application of Mass.Electric and Verizon for a joint or identical pole location on addressStreetBolton St. (Plan #2006-130), no opposition – Recommendation of the PUBLIC SERVICES COMMITTEE is to APPROVE 3–0, subject to conditions set forth in the DPW road opening permit.
22. ORDER No. 06100-1353B – re: Application of Mass.Electric for manhole and duct locations on Bolton Street (#2006-129), no opposition – Recommendation of the Public SERVICES COMMITTEE is to APPROVE 3–0, subject to conditions set forth in the DPW road opening permit.
From Personnel Committee
23. ORDER No. 07100-1420 – re: Reappointment of Robert Hanson to the Planning Board, term of five years expiring Feb. 1, 2012. Recommendation of the PERSONNEL COMMITTEE is to APPROVE 3-0
24. ORDER No. 07100-1421 – re: Reappointment of Mary Barry to the Council on Aging, for four-year terms to expire May 1, 2011. Morgan Elwood is appointed as an alternate as provided for by the Executive Office of Elder Affairs, voting only when quorum issues arise. Recommendation of the PERSONNEL COMMITTEE is to APPROVE 3-0
25. ORDER No.07100-1453 – re: Reappointments of Edward Clancy and Dennis Demers to the Conservation Commission, for a term of three years, expires March 5, 2010. Recommendation of the PERSONNEL COMMITTEE is to APPROVE 2-0 (Councilor Clancy abstained)
From Urban Affairs Committee
26. ORDER No. 06100-1377 That the application of Atty. Bergeron for l-A 175 Maple Street Land Owner, LLC and 175 Maple Street Building Owner L.L.C. c/o 900 Chapel Street, New Haven, Ct 06513 for a Special Permit to allow the conversion of manufacturing space to 95 residential units. Recommendation of the Urban Affairs Committee was to refer the special permit draft decision language, to the City Solicitor for approval as to legal form. 5 - 0
Place on the March 12, 2007 agenda for final action by the PersonNameCity Council, APPROVE; adopted.
ORAL REPORT FROM COUNCILOR POPE, CHAIR, URBAN AFFAIRS COMMITTEE:
27. Order No. 06-1001072A – That the Mayor and Council President be available at the next council meeting on March 12, 2007 to answer any questions that Councilors may have re: Act Establishing the Marlborough 2010 Corporation.
From City Council
28. Order No. 06100-1312 – That the communication from the PersonNameMayor re: request for proposals to purchase the fire station at addressStreet91 Main Street, no proposal was submitted. MOTION made by Councilor Ferro, seconded by Levy, to request that the PersonNameMayor advertise an RFP on both fire station parcels, with historic preservation restrictions consistent with the highest and best use, subject to clarification by the City Solicitor of the role of the PersonNameCity Council under the Procurement Act, Chapter 30B. CITY COUNCIL VOTE WAS 5 -5 (OSSING ABSENT) DID NOT CARRY
MOTION made by Councilor Ferro, seconded by Levy, that a committee be established to address the space needs of the City, recommendation of the OPERATIONS AND OVERSIGHT COMMITTEE 2-0
MOTION: To reconsider at the March 12, 2007, PersonNameCity Council meeting, APPROVED; adopted.
29. Order No. 06100-1305 – That the application of Sprint Wireless / Bruce Asmussen, for
Modification to existing Wireless Communications Facility (WCF) at addressStreet450 – 460 Boston Post Road East - By agreement between the City and Petitioner, the time in which to act on this special permit was extended to March 14, 2007. MOTION made by Councilor Clancy, seconded by Chair, to recommend approval of the special permit together with proposed decision and conditions, attached herewith, and conditional upon payment of arrears in the amount of $18,000.00 by February 26, 2007. TABLED until the March 12, 2007 meeting.
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