REGULAR MEETING IN CITY COUNCIL CONVENED:
MAY 7, 2007 ABSENT: ADJOURNED:
1. Minutes, City Council Meeting, April 23, 2007.
2. Communication from the Mayor re: FY08 Budget.
3. Communication from the Mayor re: Appointment of Diane Smith, City Auditor.
4. Communication from the Mayor re: reappointments Amy Loveless, E. Susan Ellis.
5. Communication from the Mayor re: Grant awarded the Fire Department.
6. Communication from the Mayor re: year-end interdepartmental transfer, Fire Dept.
7. Communication from the Mayor re: transfer on behalf of the Emergency Management Coordinator.
8. Communication from the Mayor re: transfer from both FY06 long-term and short-term accounts.
9. Communication from the Mayor re: transfer of funds from the Interest on BAN.
10. Communication from the Mayor re: Renewal of the GIS Revolving Fund.
11. Communication from the Mayor re: Offset of an Appropriation By Estimated Fees Related to Site Plan Review.
12. Communication from City Council President, Arthur Vigeant re: the election of a City Clerk.
13. Application for Special Permit from Atty. Cipriano for Robert Valchuis, Trustee of Lauren Elizabeth Realty Trust, 714 Farm Rd. to construct a 10 unit Multi Family Condominium for over 55 year old residents with a preference for those current residents of the City of Marlborough.
14. Petition for joint pole location, Ma Electric/ Verizon New England Inc., one pole Clover Hill St.
15. Comprehensive Wastewater Management Plan/Environmental Impact Report Draft – Phase III, Westborough Wastewater Treatment Facility, Assabet Consortium
16. Application, Carla D. Devine, renewal of Junk Dealers License.
17. CLAIMS:
Thelma J. Balser, 125 Framingham Rd., property damage.
. Diane Rice, 6 Winter St. #2, vehicle damage.
REPORTS OF COMMITTEES:
UNFINISHED BUSINESS:
From Finance Committee:
.18 Order No. 07100-1517~– re: Transfer $182,086 from a combination of Legal accounts and Undesignated Funds to a variety of Legal accounts to cover anticipated expenditures for the remainder of the year. Recommendation of the Finance Committee was to approve 4 – 0
From Public Services Committee:
19. Order No. 07100-1528 – re: The application of Lance Golgata, The Little Pub, 286 Boston Post Road to renew two pool table licenses. Note: Police Chief is without objection to the renewal of two pool table licenses for the Little Pub. Recommendation of the Public Services Committee is to approve, subject to confirmation o f good standing by the City Clerk 3 – 0
.20 Order No. 07100-1497A - re: The application of Mass.Electric and Verizon for joint or identical pole location on Fitchburg St. (Plan #2007-30). Recommendation of the Public Services Committee it to approve, subject to the final approval/sign off by the DPW Engineering Division 3 - 0
.21 Order No. 07100-1498A – re: The application of Mass.Electric and Verizon for joint or identical pole location on Concord Road (Plan #2007-31). Recommendation of the Public Services Committee it to approve, subject to the final approval/sign off by the DPW Engineering Division 3 – 0
.22 Order No. 07100-1527 – re: The application of New England Development, One Wells Avenue, Newton, MA~ 02159 for Sewer Connection Permit with respect to its proposed retail development on Donald J. Lynch Boulevard
(The New England Development connection is OK to move forward.~ They have provided for capacity at the Westerly Plant by submitting an $8 per gallon fee to participate in the Inflow & Infiltration program.~ As usual, they should have the 18 month window to connect condition placed on their approval. Per Doran Crouse)
Motion made by Councilor Ferro, seconded by chair, to recommend approval of a Sewer Connection Permit for New England Development for 3,000 gallons daily service. The Sewer Connection Permit shall lapse if the connection is not made within 18 months after the date of final approval. If the total volume is not needed, the surplus will be returned to the City. Recommendation of the Public Services Committee was to approve 3-0
.23 Order No. 06100-1183 – re: application from Atty. David Gadbois for Sewer Extension and Connection Permit for Commonwealth Heights Subdivision at the corner of Ames Street and Forest Street
(I discussed Commonwealth Heights with Mr. Gadbois and Engineering.~ This project is OK to move forward for approval.~ The capacity for this project was generated by participating in the Lake Williams Flow Diversion project.~ The applicant has paid for a capacity of 10,560 gpd.~ We should also include the conditions that any unused capacity be returned to the City, and an 18 month window to start the construction or the applicant will need to seek re-approval. Per Doran Crouse
Motion made by Councilor Ferro, seconded by Chair, to recommend approval of a Sewer Connection Permit for Commonwealth Heights for 10,560 gallons daily service.~ The Sewer Connection Permit shall lapse if the connection is not made within 18 months after the date of~final approval.~~~ If the total volume is not needed, the surplus will be returned to the City. Recommendation of the Public Services Committee was to approve 3-0
From City Council
.24 ORDER NO. 07100-1397A – re: That the City Council hereby amends Chapter 32, entitled Personnel, of the City Code of the City of Marlborough, as amended, by adding to § 32-3, entitled Applicability of Provisions–Performance Evaluation, the following new subsection E:
E. The Mayor’s executive aide shall begin to accrue sick leave days, vacations days, personal days and the payment of longevity on January 8 of any calendar year. The aide shall be entitled to sick leave days, vacation days, personal days, and the payment of longevity, or the benefit of financial remuneration for any of the above accrued during the prior calendar year, has been properly ADVERTISED
.25 ORDER NO. 06100-1387A – re: Amending the City Code by deleting Section 161-6E, has been properly ADVERTISED.
BE IT ORDERED BY THE CITY COUNCIL OF THE CITY OF MARLBOROUGH that the Code of the City of Marlborough be amended by deleting Section 161-6E
And replacing with:
161-6 E Specific pollutant limitations. No person shall discharge wastewater containing in excess of:
Pollutants of Concern Maximum Concentration (mg/l)
Biochemical Oxygen Demand 350
Total Suspended Solids 350
Phosphorus 25
Ammonia 50
Arsenic 0.42
Beryllium 0.12
Cadmium 0.1
Chromium, total 0.77
Copper 0.3
Cyanide 0.45
Lead 0.1
Manganese 20
Mercury 0.0007
Nickel 0.6
Selenium 0.81
Silver 0.25
Thallium 0.93
Total Toxic Organics 2.13
Zinc 3.7
.26 ORDER NO. 07100-1465B - re: That the application of Atty. David Gadbois for FORE KICKS II Recreation Center of 190 Rolling Meadow Drive, Holliston, Ma 01746 to construct and operate an indoor/outdoor Recreation Center at 291 Forest St. The project will consist of a field house w/indoor athletic fields of about 126, 000 s.f. of fields & amenities and 8,000 s.f. of office space, snack bar, social room, wireless internet room, exercise areas, meeting rooms, sporting goods store & other accessory use rooms, be and is herewith refer to the CITY SOLICITOR to be put in proper form.
27. ORDER NO. 06100-1231F – re: Registered Sex Offender Restrictions, be and is herewith refer to the CITY SOLICITOR for the final language to be put in proper form before final action is taken, has been properly ADVERTISED.
28. ORDER NO. 06100-1231-1D – re: Sex Offender Restrictions, Non-Criminal Disposition, be and is herewith refer to the CITY SOLICITOR, for the final language to be put in proper form before final action is taken, has been properly ADVERTISED.
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